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O91-53ORDINANCE NO. 091-~.~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM CG (GENERAL COMMERCIAL) IN PALM BEACH COUNTY TO C-3 (COMMUNITY COMMERCIAL); PROVIDING FOR APPROPRIATE NOTATIONS ON THE OFFICIAL ZONING MAP; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AUTHORITY TO CODIFY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of ~lorida, has adopted a Comprehensive the City of Boynton Beach, Plan by Ordinance 89-38 in ~ccordance with Chapter 163, Florida Statutes; and WHEREAS, Christopher Cutro, Planning Director has heretofore filed a Petition with the City Florida, pursuant to Section 9 of Appendix A of this City, of Boynton Beach, - Zoning, of the ~ode of Ordinances, City of Boynton Beach, Florida, for the purpose of implementing the recommendations in Planning Area 7.d Df the Land Use Problems and Opportunities Section of the 1989 2ity of Boynton Beach Comprehensive Plan by rezoning a certain parcel of land within the municipal limits~of said City, said ~ropertY being more particularly described hereinafter, from CG General Commercial) in Palm Beach County to C-3 (Community lommercial); and WHEREAS, after public hearing and study, and after ~onsideration of the recommendation of the City's Planning and 5oning Board, the City Commission deems it to be in the best interest of the inhabitants of said City to rezone the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~IS$ION OF THE :ITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The following described land, located in the ~ity of Boynton Beach, Florida, to wit: A parcel of land lying in Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: All of that area between the Western R/W line of the 85' wide canal L-23 as laid now and in use, and the following described parcel: Commence at the center of said Section 19; thence North 00 degrees 51' 51" West, along the North South 1/4 Section line of said section, a distance of 35 feet; thence North 87 degrees 58' 21" (08-43-45-19-00-000-1020) East, a distance of 40.00 feet to the principal point and place of beginning of the following description: Thence North 00 degrees 51' 51" West a distance of 1191.23 feet to a point; thence North 88 degrees 05' 26" West a distance of 337.73 feet to a point; thence South 00 degrees 05' 26" West a distance of 141.67 feet to a point; thence 226.75 feet along an arc to the right having a radius of 324.80 feet and a delta angle of 40 degrees 00' 00"; thence 300.36 feet along an arc to the left having a radius of 420.20 feet and a delta angle of 40 degrees 57' 17"; thence South 00 degrees 51' 51" East a distance of 249.60 feet to a point; thence South 30 degrees 00' 00" West a distance of 208.61 feet to a point; thence South 00 degrees 51' 51" East a distance of 143.23 feet to a point; thence South 87 degrees 58' 21" West a distance of 46.00 feet to the point of beginning. Containing 1.65 acres of land more or less. ~e and the same is hereby rezoned from CG (General ~ommercial) in Palm Beach County to C-3 (Community lommercial). Section 2. The City administration shall make an ~ppropriate notation on the City's Official Zoning Map Lndicating the rezoning, pending the adoption of a revised )fficial Zoning Map. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. Should any section or provision of this 9rdinance or portion hereof, any paragraph, sentence, or ~ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of ~his ordinance. Section 5. Authority is hereby granted to codify said )rdinance. Section 6. This ordinance shall become effective immediately upon passage. FIRST READING this /~ day of [991. SECOND, FINAL READING and PASSAGE this /~'~/~/~7- , 1991. day of CITY OF BOYNTON BEACH, FLORIDA .TTEST: .~i~ Clerk ' [Corporate Seal) ~EZONES.~e~ ?/10/91 LO(.;ATION. MAI-' APPLICATION '~'~27 3 S "BOY'TON BEACH "MC)TORO RIA~ pCC) NOT IN CITY R3 '0 1/8 MILES .400.'800 FEET NOTICE OF ZONING CHANGE CITY OF B OYNTO N BEACH PUBLIC HEARINGS The City of Boynton Beach proposes to rezone the following properties for the purpose of implementing the recommendations contained in the ~989 ComprehensiVe Plan. The 1989 Comprehensive Plan was adopted by ordinance Number 89-38 on November 7, 1989. Public hearings on these proposals will be held before the Planning and Zoning Board on July 9th, 1991 at 7:00 P.M., and before the City Commission on August 6th, 1991 at 7:00 P.M. These public hearings will be held in the City Commission Chambers in Boynton Beach City Hall at 100 East Boynton Beach Boulevard, Boynton Beach, Florida. IT PETITIONER: City of Boynton Beach PROJECT NAME: Planning Area 7.d (Land Use Problems and Opportunities) LOCATION: Eastern portion of th~ parcel at the northwest corner of the Boynton Beach Mall. LEGAL: Complete legal description on file in tile Planning Department, 100 East Boynton Beach · Blvd., Boynton Beach, Florida LAND USE: Local Retail Commercial REQUEST: REZONE: From: CG (Palm Beach County General Comm.) To: C-3 (Community Commercial) ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS INi PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,: WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED. PLEASE CALL (407)' 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE MATTERS.