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05-0071 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2~ 27 28 29 3O 31 ORDINANCE NO. OS- ~"'/ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF WEINER & ARONSON, P.A., ON BEHALF OF LENNAR HOMES, INC., TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND ON THE EAST SIDE OF FEDERAL HIGHWAY, APPROXIMATELY 1,000 FEET NORTH OF THE BOYNTON (C-16) CANAL FROM MULTI-FAMILY RESIDENTIAL (R-3) AND COMMUNITY COMMERCIAL (C-3) 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, Lennar Homes, Inc., owner of the property located on the east side of Federal Highway approximately 1,000 feet north of the Boynton (C-16) Canal in Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a Petition, through its agent, Weiner & Aronson, P.A., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a parcel of land, said land being more particularly described hereinafter, from Multi-Family Residential (R-3) and Community Commercial (C-3) to lnfill Planned Unit Development ([PUD); and WHEREAS, the City Commission conducted a public heating and heard testimony and received evidence which the Commission finds supports a rezoning for the S:\CA',Ordinances~Planning\Rezoning\Rezoning - Seavie~ Club.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 property hereinafter described; and WHEREAS, the City Commission, acting in its dual capacity as Local Planning Agency and City Commission has found that the proposed rezoning is 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 in_habitants 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 tree and correct and incorporated herein by this reference. Section 2. The following described land, located on the east side of Federal Highway, approximately 1,000 feet north of the Boynton (C-16) Canal in the City of Boynton Beach, Florida, as set forth as follows: A parcel of land lying in Section 22, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: That portion of the following described parcel lying east of the easterly right-of-way line of U.S. #1 (State Road #5) Commencing at a point 314.74 feet south of the northwest comer of Section 22, Township 45 South, Range 43 East, on section line between Sections 21 and 22; thence running east 1427.45 feet parallel with the north line of said Section 22 to Lake Worth; thence south 158.32 feet; thence west on a line parallel with said section line 1426.53 feet to the section line between Sections 21 and 22; thence north 158.32 feet to the point of beginning. be and the same is hereby rezoned from Multi Family Residential (R-3) and Community S:\CA\OrdinancesXPlanning\Rezoning\Rezoning - Seaview Club.doc 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 Commercial (C-3) to lnfill Planned Unit Development (IPUD). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. ~Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ~ day of~j~ldl~, 2005. SECOND, FINAL READING and PASSAGE this I~ day of ~D_~_, 2005. CITY OF BOYNTON BEACH, FLORIDA .. - Seaview Club.doc