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09-031 . . I 1 ORDINANCE NO. 09-031 2 3 AN ORDINANCE OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, REGARDING THE 5 APPLICATION OF MG/3 DEVELOPER GROUP, 6 AMENDING ORDINANCE 02-013 TO REZONE A 7 PARCEL OF LAND LOCATED ON THE WEST 8 SIDE OF HIGH RIDGE ROAD, APPROXIMA TEL Y 9 0.25 MILES NORTH OF MINER ROAD, AS MORE 10 FULLY DESCRIBED HEREIN, FROM PLANNED 11 UNIT DEVELOPMENT (PUD) TO SINGLE AND 12 TWO F AMIL Y DWELLING DISTRICT (R-2); 13 PROVIDING FOR CONFLICTS, SEVERABILITY, 14 AND AN EFFECTIVE DATE. 15 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; 18 and 19 WHEREAS, MG/3 Developer Group, owner of the property located on the west side 20 of High Ridge Road, approximately 0.25 miles north of Miner Road in Boynton Beach, 21 Florida, as more particularly described herein, has filed a Petition, through its agent, Bradley 22 D. Miller, AICP, Miller Land Planning Consultants, Inc., pursuant to Section 9 of Appendix 23 A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of 24 rezoning a parcel of land, said land being more particularly described hereinafter, from 25 Planned Unit Development (PUD) to Single and Two-family Dwelling District (R-2); and 26 WHEREAS, the City Commission conducted a public hearing and heard testimony 27 and received evidence which the Commission finds supports a rezoning for the property 28 hereinafter described; and 29 WHEREAS, the City Commission finds that the proposed rezoning is consistent with 30 an amendment to the Land Use which was contemporaneously considered and approved at C:\Documents and Senings\PrainitoJ\Local Senings\Temporary Internet Files\OLK I04\Rezoning -Imagine Charter School.doc . . I 1 the public hearing heretofore referenced; and 2 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 6 Section 1. The foregoing Whereas clauses are true and correct and incorporated 7 herein by this reference. 8 Section 2. The following described land located on the west side of High Ridge 9 Road, approximately 0.25 miles north of Miner Road in Boynton Beach, Florida, as set forth 10 as follows: 11 12 See legal description attached hereto as Exhibit "A" 13 14 Subject to easements, restrictions, reservations, covenants and 15 rights-of-way of record. 16 17 e and the same is hereby rezoned from Planned Unit Development (PUD) to Single and Two- 18 amily Dwelling District (R-2). A location map is attached hereto as Exhibit "B" and made a 19 art of this Ordinance by reference. 20 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 21 accordingly. 22 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 23 repealed. 24 Section 5. Should any section or provision of this Ordinance or any portion thereof 25 e declared by a court of competent jurisdiction to be invalid, such decision shall not affect 26 he remainder of this Ordinance. C:\Documents and Senings\PrainitoJ\Local Senings\Temporary Internet Files\OLK 104\Rezoning -Imagine Charter School.doc . . , 1 Section 6. This ordinance shall become effective immediately upon passage. 2 , FIRST READING this 16th day of June, 2009. 3 I SECOND, FINAL READING and PASSAGE this ]111 day of JILl,! ,2009. 4 5 6 7 8 9 10 11 /' 12 ~ 13 14 15 --.,--. 16 17 18 19 ATTEST: 20 21 22 23 24 25 26 C\Documents and Settings\PrainitoJ\Local Senings\Temporary Internet Files\OLK 104\Rezoning -Imagine Charter School.doc .. ........-.- .-.-.,,-'''--., .,,~,_._. EXHIBIT "A" A portion of "High Ridge PUD", according to the Plat thereof, as recorded in Plat Book 109, Pages 90 thru 93, inclusive, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Begin at the NOlthwest comer of said "High Ridge PUD" Plat; Thence NOIth 88 degrees 35 minutes 59 seconds East along the North line of said Plat, a distance of 471.46 feet; Thence South 01 degrees 50 minutes 29 seconds West along the East line of said Plat, a distance of 400,00 feet; Thence North 88 degrees 09 minutes 31 seconds West, a distance of 475.09 feet; Thence North 01 degrees 09 minutes 29 seconds East along the West line of said Plat, a distance of242.76 feet; Thence North 05 degrees 02 minutes 00 seconds East along said West line, a distance of 130.80 feet to the Point of Beginning. Said lands situate, lying and being in Palm Beach County, Florida.