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02-056ORDINANCE NO. 02- O AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE APPLICATION OF MERANO BAY; AMENDING ORDINANCE 02-013 OF SAID CITY BY REZON]NG A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM C-3 (COMMUNITY COMMERCIAL) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and WHEREAS, AutoZone, Inc., as owner of the property more particularly described hereinafter, has heretofore filed a Petition, through their agent, Carlos Ballbe, Woodside Land Development Corp., pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose of rezoning a certain tract of land consisting of 1.75 acres, said land being more particularly described hereinafter, from C-3 (Community Commercial) to IPUD (Infill Planned Unit Development), subject to all staff comments; and WHEREAS, the City Commission conducted a public hearing on October 15, and heard testimony and received evidence which the Commission finds supports a for the property hereinafter described; and WHEREAS, during the public heating the applicant for the Rezoning made representations which were considered and were relied on by the City Commission in reaching its conclusions regarding the appropriateness of the proposed The material representations made by applicant are set forth in the minutes of City Commission meeting/Public Heating conducted October 15, 2002. WHEREAS, the City Commission finds that the proposed rezoning is consistent an amendment to the Land Use which was contemporaneously considered and at the punic hearing heretofore referenced; and WHEREAS, the City Commission deems it in the best interests of the of said City to amend the aforesaid Revised Zoning Map as hereinafter set \CA\Ordinances\Planning\Rez°ning\Rezoning - Merano Bay.doc forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. Thc foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. The following described land, located in thc City of Boynton Beach, Florida as set forth as follows: A portion of Section 2, according to the Plat of COQUINA COVE, as recorded in Plat Book 24, Page 14, Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the centerline intersection of Shore Drive and Ocean Inlet Drive as shown on said plat; thence Southerly along said centerline of Shore Drive and the arc of a curve, said curve being concave to the Northeast, having a radius of 182.40 feet a central angle of 23°23'56'', a radial bearing at this point of North 90000'00" East an arc distance of 74.49 feet to a point; thence South 00°00'00'' East a distance of 50.01 feet to the POINT OF of the hereinafter described parcel, thence continue South 00°00'00'' East a distance if 184.96 feet to a point; thence North 90000'00" West along the South line of said Section 2, a distance of 290.46 feet to a point on the East line of the parcel described in Official Record Book 606, Page 198 and the East right-of-way line of U. S. Highway No. 1; thence North 02054'00" East along said right-of-way line a distance of 20.02 feet to the of a curve concave to the East having a radius of 7,589.49 feet and a central angle of 01 °47'46"; thence Northerly along the arc of said curve a distance of 17.87 feet to a point on the South right-of-way line of said Shore Drive; thence South 90000'00" East along said South right-of-way line, a distance of 202.88 feet to the beginning of a curve concave to the Southwest having a radius of 25.00 feet and a central angle of 76°18'38"; thence Southeasterly, along the arc of said curve a distance of 33.30 feet to the beginning of a curve, having a radius of 207.40 feet and a central angle of 22°29'39"; thence Southeasterly along the arc of said curve a distance of 81.43 feet to the POINT OF Containing in all 76,024.186 square feet or 1.745 acres more or less. e and the same is hereby rezoned from C-3 (Community Commercial) to [PUD (Planned Unit A location map is attached hereto as Exhibit "A" and made a part of this e 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 S: \CA\Ordinances\Planning\Rezoning\Rezonin~ _ Merano Bay.doc repealed. Section 6: Should any section or provision of this Ordinance or any portion thereof ,e declared by a court of competent jurisdiction to be invalid, such decision shall not affect the of this Ordinance. Section 7. This ordinance shall become effective immediately upon passage. FIRST READING this (o day of IklO~t~,,a~_~,' , 2002. SECOND, FINAL READING and PASSAGE this lq day of Iq,~~, 2002. CITY ~ BOYN~OJAI BF_/ACH, FLORIDA ~:\CA\0rdinances\Planning\Rezoning\Rezonin9 - Merano Bay.doc Location Map Merano Bay EXHIBIT "A" ITE ~Z LAKE WORTH ICWVV $