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06-018 II 1 ORDINANCE NO. 06-(1/5' 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF SOUTHERN DANCE 6 THEATRE, INC., AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE EAST SIDE OF KNUTH ROAD 9 APPROXIMATELY 495 FEET SOUTH. OF OLD 10 BOYNTON ROAD (1203 KNUTH ROAD), AS MORE 11 FULLY DESCRIBED HEREIN, FROM (AR) PALM 12 BEACH COUNTY TO COMMUNITY 13 COMMERCIAL (C-3); PROVIDING FOR 14 CONFLICTS, SEVERABILITY, AND AN 15 EFFECTIVE DATE. 16 1 7 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 18 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 19 and 20 WHEREAS, Southern Dance Theatre, Inc., owner of the property located on the east 21 side of Knuth Road approximately 495 feet south of Old Boynton Road (1203 Knuth Road) 22 in Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 23 its agent, Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix A- 24 Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 25 rezoning a parcel of land, said land being more particularly described hereinafter, Palm Beach 26 County (AR) to Community Commercial (C-3); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 28 and received evidence which the Commission finds supports a rezoning for the property 2 9 hereinafter described; and 3 0 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:ICA IOrdinanceslPlanninglRezoninglRezoning - Southern Dance.doc 22 II 1 an amendment to the Land Use which was contemporaneously considered and approved at 2 the public hearing heretofore referenced; and 3 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 4 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 7 Section 1. The foregoing Whereas clauses are true and correct and incorporated 8 herein by this reference. 9 Section 2. The following described land located on the east side of Knuth Road 10 approximately 495 feet south of Old Boynton Road (1203 Knuth Road) in the City of 11 Boynton Beach, Florida, as set forth as follows: 12 The south 128.5 feet of tract forty-eight (48) of section nineteen 13 (19), Township 45 south, Range 43 east, as recorded in the office 14 of the clerk of the circuit court of Palm Beach County, Florida, in 15 Plat Book 7, Page 19 16 1 7 be and the same is hereby rezoned from Palm Beach County (AR) to Community Commercial (C-3). 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 2 3 repealed. 24 Section 5. Should any section or provision of this Ordinance or any portion thereof 25 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the S:ICA IOrdinanceslPlanninglRezoninglRezoning - Southern Dance.doc " I I) remainder of this Ordinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this ;:? /.:sf- day of "z:;;,-t:~{d /C-c,y , 2006. / SECOND, FINAL READING and PASSAGE this ~ day of ~ , 2006. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ATTEST: 26 27 28 29 30 31 32 CITY OF BOYNTON BEACH, FLORIDA ~/~1~ ~or ~~ <;2h-:~-Y L:LL ~er~~~ Commissioner ~ ,~./ ,~,:.:<;., . ~( ".i" S:ICA IOrdinanceslPlanninglRezoninglRezoning - Southern Dance.doc EXHIBIT A LOCATION MAP Southern Dance Theatre: ANEX 06-001 and LUAR 06-001 f OL BOYNTON RD ------ ""~ ~1' e ~ c / ~ ) Site I ., .... ) ~ -..... ~ r- ! ~ ~ ! i . i BOYNTl~N BEACH BLVD I 1 I I II I I I I I I - - 330 "".... ...... s o 55 110 220