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O90-67ORDZ ANCE O. 90-&V AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE WINCHESTER BLVD. RESTAURANT (NE CORNER OF THE INTERSECTION OF BOYNTON BEACH BLVD. AND WINCHESTER BLVD.), AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY COMMERCIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Kilday & Associates, Inc., agents for A Florida collectively Winchester, Winchester, Zieher & eneral Partnership, c/o Michael A. eferred to as the property owners, Schroeder, Schroeder, has heretofore filed a Petition with the City of Boynton Beach, Florida, 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 parcel of land consisting of approximately 0.84 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from AR (Agricultural Residential) to C-3 (Community Commercial), which requests that the 0.84 acre parcel be removed from the boundaries of the AR to allow for the processing of the rezoning application; and WHEREAS, Ordinance 89-38, which is the Comprehensive Plan for the City of Boynton Beach, shows the property in the Agricultural Residential land use category, and section 163.3202(1), Florida Statutes, requires that the City's land development regulations be amended in order to bring these cegulations into compliance with the Comprehensive Plan; and WHEREAS, the City Commission deems it in the best interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: A parcel of land lying in Section 30, Township 45 South, Range 43 East, Palm Beach County, Florida. Said parcel being a portion of Tracts A & B Block 3 of Palm Beach Farms Company Plat No. 8 of Section 30, Township 45 South Range 43 East, Plat Book 5, Page 73, Public Records of Palm Beach County, Florida. Said land being more described as follows: particularly Commencing at the Northeast corner of Section 30, Township 45 South, Range 43 East; Thence with a bearing of South 87° 32' 47" West along the North line of Section 30, a distance of 60.00 feet to a point on the West right-of-way line of Congress Avenue; Thence continue along the aforementioned course extended a distance of 733.74 feet to a point; Thence with a bearing of South 01° 18' 43" East along a line lying 120.00 feet West of and parallel to the East line of Lots A & B, Block 3, of the above described plat of Palm Beach Farms Company Plat No. 8, a distance of 25.00 feet to a point. Said point being the point of beginning. Thence continue along the aforementioned parallel line a distance of 191.04 feet to a point on the North right-of-way line of Boynton Beach Blvd.; Thence with a bearing of South 87° 32' 47" West, along the North right-of-way line of Boynton Beach Blvd, a distance of 168.43 feet; Thence North 46° 52' 58" West a distance of 35.71 feet to a point on the East right-of-way line of Winchester Park Blvd.; Thence with a bearing of North 01° 18' 43" West along the Easterly right-of-way line of Winchester Park Blvd., a distance of 165.54 feet to a point; Thence with a bearing of North 87° 32' 47" East along a line lying 25.00 feet South of and parallel to the North line of Section 30, a distance of 193.94 feet more or less to the point of beginning. Containing 0.84 acres (36,717) square feet more or less and subject to easements and rights of way of record. 9e and the same is hereby rezoned from County Agricultural Residential to C-3 (Community Commercial). Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in ~onflict herewith are hereby repealed. Section 4: Should any section or provision of this ~rdinance or any portion thereof be declared by a court of :ompetent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. this ~ day of ~f ~ · FIRST READING 1990. SECOND, FINAL READING and PASSAGE this // day 199o. CIT TO~ BEACH, FLORIDA %-/V~c e Mayor~ ~o~mis s ioner s~ioner ~ommiss~oner ' ~ (COrPorate Seal) REZONE3.DOC. I1/29/~0