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06-053 II 1 ORDINANCE NO. 06- Do!> 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF LAWRENCE DEVELOPMENT 6 GROUP, LLC, AMENDING ORDINANCE 02-013 7 TO REZONE A PARCEL OF LAND LOCATED ON 8 THE EAST SIDE OF LAWRENCE ROAD, 9 APPROXIMATELY 1,000 FEET SOUTH OF 10 HYPOLUXO ROAD, AS MORE FULLY 11 DESCRIBED HEREIN, FROM PALM BEACH 12 COUNTY AGRICULTURAL-RESIDENTIAL (AR) 13 TO PLANNED UNIT DEVELOPMENT (PUD); 14 PROVIDING FOR CONFLICTS, SEVERABILITY, 15 AND AN 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 2 0 WHEREAS, Lawrence Development Group, LLC, owner of the property located on 21 the east side of Lawrence Road, approximately 1,000 feet south of Hypoluxo Road in 22 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through 23 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of 24 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the 25 purpose of rezoning a parcel of land, said land being more particularly described hereinafter, 26 Palm Beach County Agricultural-Residential (AR) to Planned Unit Development (PUD); and 27 WHEREAS, the City Commission conducted a public hearing and heard testimony 2 8 and received evidence which the Commission finds supports a rezoning for the property 2 9 hereinafter described; and 30 WHEREAS, the City Commission finds that the proposed rezoning is consistent with S:\CA \Ordinances\Planning\Rezoning\Rezoning - Aspen Glen.doc 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: Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 8 herein by this reference. Section 2. The following described land located on the east side of Lawrence 9 10 Road, approximately 1,000 feet south of Hypoluxo Road in the City of Boynton Beach, 11 Florida, as set forth as follows: 12 13 SEE ATTACHED EXHIBIT "A" 14 15 Containing: 406, 766 square feet or 9.338 acres more or less. 16 1 7 Subject to easements, restrictions, reservations, covenants and 18 rights-of-way of record. 19 20 be and the same is hereby rezoned from Palm Beach County Agricultural-Residential (AR) to 21 Planned Unit Development (PUD). A location map is attached hereto as Exhibit "B" and 2 2 made a part of this Ordinance by reference. 23 Section 3. 24 accordingly. 25 Section 4. 26 repealed. 27 Section 5. That the aforesaid Revised Zoning Map of the City shall be amended All ordinances or parts of ordinances in conflict herewith are hereby Should any section or provision of this Ordinance or any portion thereof S:ICAIOrdinanceslPlanninglRezoninglRezoning - Aspen Glen.doc 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 II 1 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 2 remainder of this Ordinance. 3 Section 6. This ordinance shall become effective immediately upon passage. 4 FIRST READING this ~ day of June ,2006. 5 SECOND, FINAL READING and PASSAGE this ~ day of J u.l'f ,2006. CITY OF BOYNTON BEACH, FLORIDA A~ ~r~TaYl - - Vi;;Z~ Commissi ...,.-.....-- "7 ATTEST: 'tn. p~ S:ICA IOrdinanceslPlanninglRezoninglRezoning _ Aspen Glen.doc LEGAL DESCRIPTION FOR ASPEN GLEN LANDS LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE P ARTICULARL Y DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE NORTH 14 FEET THEREOF, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF _ WAY. TOGETHER WITH: A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH l4 FEET OF THE WEST 1/2 OF THE SOUTH 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, PALM BEACH COUNTY, FLORIDA, LYING EAST OF A 40 FOOT ROAD RIGHT -OF - WAY. TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST ll2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS AND EGRESS, LYING EAST OF A 40 FOOT ROAD RIGHT-OF-WAY. TOGETHER WITH: THE EAST 1/2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH AN EASEMENT OVER AND ACROSS THE NORTH 40 FEET OF THE WEST ll2 OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 FOR RIGHT OF INGRESS EGRESS. CONTAINING 406,766 SQUARE FEET/9.338 MORE OR LESS. SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF- WAY OF RECORD.