Loading...
09-002 " I 1 ORDINANCE NO. 09- OO;;L.. 2 3 ! AN ORDINANCE OF THE CITYCOMMISSION OF 4 THE CITY OF BOYNTON BEACH, FLORIDA, 5 RESCINDING ORDINANCE 05-045 WHICH 6 REZONED FROM C-3, COMMUNITY 7 COMMERCIAL TO PLANNED UNIT 8 DEVELOPMENT (PUD) A PARCEL OF LAND 9 LOCATED AT THE NORTHWEST CORNER OF 10 SOUTH FEDERAL HIGHWAY AND 11 GULFSTREAM BOULEVARD; RESTORING C-3, 12 COMMUNITY COMMERCIAL ZONING TO THE 13 PROPERTY; PROVIDING FOR CONFLICTS, 14 SEVERABILITY, AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted 17 Ordinance No. 05-045 which rezoned the property from C-3, Community Commercial to 18 Planned Unit Development (PUD); and 19 WHEREAS, the site plan expired August 2, 2007, after a one-year site plan time 20 extension was granted; and 21 WHEREAS, staff is requesting rescission of Ordinance No. 05-045 which will 22 restore the previous C-3 zoning designation which would allow improvements of the 23 property otherwise limited by the restrictive current zoning district; and 24 WHEREAS, the property owner, Thirty Six Hundred Holdings, LLC., is fully 25 supportive of this request. 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing Whereas clauses are true and correct and incorporated 29 herein by this reference. S:\CA\Ordinance5\Plannin~Rezonin~Rescission of rezoning- Gulfstream Mall (OS.045).doc -1- . . I 1 Section 2. Ordinance No. 05-045 is hereby rescinded. The zoning on the 2 property will revert to Community Commercial (C-3) zoning. 3 Section 3. That the Zoning Map of the City is amended to reflect this rescission. 4 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 5 repealed. 6 Section 5. Should any section or provision of this Ordinance or any portion thereof 7 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 8 the remainder of this Ordinance. 9 Section 6. This ordinance shall become effective immediately upon passage. 10 FIRST READING this ? '""'-aay O~-7~ ' 2009. 11 SECOND, FINAL READING and PASSAGE this ~ day of eJ(1{)L\O..J-" 200). 12 CITY OF BOYNTON BEACH, FLORIDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 ATTEST: Commissioner - Marlene Ross 28 29 30 31 32 33 onin~escission of rezoning- Gulfstream Mall (05-045) doc - 2 -