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04-038 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 04- O~ ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF SOUTHERN HOMES OF PALM BEACH IV, LLC, AMENDING ORDINANCE 02-013 OF SAID CITY BY REZONING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM CG- COMMUNITY COMMERCIAL TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Southern Homes of Palm Beach IV, LLC, owner of the property more particularly described hereinafter, has heretofore filed a Petition, through its agent, Carols J. Ballbe/Keith & Ballbe, Incorporated, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a tract of land consisting of approximately 2.26 acres, said land being more particularly described hereinafter, from C-3 (Community Commercial to Infill Planned Unit Development (IPUD); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning for the property hereinafter described; and WHEREAS, the City Commission finds that the proposed rezoning is S:\CA\Ordinances~Planning~RezoningLRezoning - Oceanside.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 consistent with an amendment to the Land Use which was contemporaneously considered and approved at the public hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in the City of Boynton Beach, Florida as set forth as follows: Lots 62 & 63 (Except that part of said lots conveyed to State of Florida by deed dated December 30, 1957 and recorded December 31, 1957 in Official Records Book 140, Page 17), of "Trade Winds Estates", a subdivision in Palm Beach County, Florida, according to the plat thereof as recorded in the office of the Clerk of the Circuit Court in and for Palm beach County, Florida, in Plat Book 21, Page 45. Containing approximately 2.26 acres of land. >e and the same is hereby rezoned from C-3 Community Commercial to Infill Planned ~Jnit Development (IPUD). A location map is attached hereto as Exhibit "A" and made a >art of this Ordinance by reference. Section 3: ,ccordingly. Section 4: hereby repealed. Section 6: That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are Should any section or provision of this Ordinance or any portion S:\CA\OrdinancesXPlanning\Rezoning\Rezoning - Oceanside.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 :hereof be declared by a court of competent jurisdiction to be invalid, such decision shall :~ot affect the remainder of this Ordinance. Section 7. FIRST READING this 18 day of ~.a~_ SECOND, FINAL READING and PASSAGE this This ordinance shall become effective immediately upon passage. ,2004. I day of ~ ,2004. CITY OF BOYNTON BEACH, FLORIDA 19 20 21 Commiss~ 22 ATTEST: 25 26 27 (Corporate Seal) S:\CA\OrdinancesXPlanmngXRezoning\Rezoning - Oceanside.doc 'OCEANSIDE:'LOCATION MAP HIC NIC LEGEND '.,'( City Boundary Future Land Uses: LRC . Local Retell Commerolal