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O94-43ORDINANCE NO. 094-/~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE HEARTLAND HEALTH CARE CENTER PROPERTY (SOUTH SIDE OF OLD BOYNTON ROAD, APPROXIMATELY 300 FEET WEST OF KNUTH ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY RM-SE (MULTI-FAMILY RESIDENTIAL-SPECIAL EXCEPTION) TO R-3 (MULTI-FAMILY RESIDENTIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, in accordance with the Annexation Program, is simultaneously herewith adopting an Ordinance annexing certain property; and WHEREAS, the City of Boynton Beach, in connection with aforesaid Annexation Program, has heretofore filed a Petition, pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning certain property consisting of 5.75 acres located adjacent to the municipal limits of said City, said land being more particularly described hereinafter, from RM-SE Multi- Family Residential-Special Exception to R-3 Multi-Family Residential, which requests that the 5.75-acres be removed from the boundaries of the RM-SE zone to allow for the processing of the rezoning application; 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: ~ The following described land, located in the City of Boynton Beach, Florida, to-wit: Tract 54 together with North 130 feet of South 260 feet of Tract 53 of Subdivision of Section 19, Township 45, Range 43, Plat Book 7, page 19. Less East 15 feet for Road R/W and North 20 feet for Road R/W. Containing 5.75 acres more or less, and subject to easements, reservations or R/W of record. Together with Old Boynton Road R/W abutting North thereof. be and the same is hereby rezoned from RM-SE (County) to R-3 Multi-Family Residential. A location map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. ~ Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: 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. ~ The effective date of this Ordinance shall be the date a final order is issued by the Department of Community Affairs finding the corresponding amendment to the Comprehensive Plan to be in compliance in accordance with Chapter 163.3184, F.S.,; or the date a final order is issued by the Administration Commission finding the corresponding amendment to be in compliance in accordance with Chapter 163.3184, F.S. The notice of compliance becomes a final order 21 days following the issuance of the notice of compliance if during the 21-day period no petitions are filed challenging the corresponding Plan amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "B" and made a part of this ordinance by reference. FIRST READING this ~ day of October, 1994. SECOND, FINAL READING and PASSAGE this /8 October, 1994. ATTEST: Cit~y Clerk (Corporate Seal) A: HHCCRZ. ORD day of .C_~_ _ 0~ .F B~>CH, FLORIDA