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05-0221 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 3O 31 ORDINANCE NO. 0:5- 0 ~ & AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF BOYNTON VILLAGE, LLC/ CORNERSTONE PREMIER COMMUNITIES,TO REZONE A PARCEL OF LAND, AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF LAND LOCATED AT 1801 NORTHEAST 4TM STREET, BOYNTON BEACH, FLORIDA, FROM MULTI FAMILY RESIDENTIAL (R-3) TO PLANNED UNIT DEVELOPMENT (PUD); 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, BMVFL-1, Inc., owner of the property located at 1801 Northeast 4th Street in Boynton Beach, Florida, as more particularly described hereinafter, has heretofore filed a Petition, through its agent, Boynton Village, LLC/Cornerstone Premier Communities, pursuant to Section 9 of Appendix A- Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose ofrezoning a parcel of land, said land being more particularly described hereinafter, from Multi-Family Residential (R-3) to Planned Unit Development (PUD); and WHEREAS, the City Commission conducted a public hearing and heard testimony and received evidence which the Commission finds supports a rezoning SSCA\Ordinances~Planning\Rezoning\Rezoning - Barr Property.doc 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 for the property hereinafter described; and WHEREAS, the City Commission finds 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 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 at 1801 Northeast 4th Street in the City of Boynton Beach, Florida, as set forth as follows: That portion of Lots 20 through 26, inclusive, lying East of the West line of Section 15, Township 45 South, Range 43 East, Boynton Beach, Florida, as shown on the Plat of SAM BROWN JR.'S HYPOLUXO SUBDIVISION, as recorded in Plat Book 1, Page 81, in and for the Public Records of Palm Beach County, Florida. Less however the South 332 feet, of the West 165 feet, (as measured along the West and South lines) thereof. be and the same is hereby rezoned from Multi-Family Residential (R-3) to Planned Unit Development (PUD). A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. S:\CA\Ordinances~Planning\Rezoning\Rezoning - Barr Property.doc 2 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 3 31 Section 4. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 5. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 6. 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 7. FIRST READING this ~ day of ~ SECOND, FINAL READING and PASSAGE this ATTEST: Clerk This ordinance shall become effective immediately upon passage. ,2005. iq day of /:~r~ [ ,2005. ! CITY OF BOYNTON BEACH, FLORIDA Commissi0ner,~ ' _ Commissioner S:\CA\Ordinances\Planning\Rezoning\Rezoning. Ban' Property.doc