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O90-66ORDINANCE NO.~90-~ 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 89-38 OF SAID CITY BY AMENDING THE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DESIGNATION IS BEING CHANGED FROM COLrNTY CH/8 (AGRIGULTRUAL RESIDENTIAL) TO COMMERCIAL LOCAL RETAIL; PROVIDING A SAVINGS CLAUSE; PROVIDING REPEALING PROVISIONS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton ~each, Florida has adopted a Comprehensive Land Use Plan and as part of said Plan a Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly ~escribed hereinafter is being annexed in accordance with the application by Kieran J. Kilday/Kilday & Associates, Inc., agent for Winchester, Winchester, Zieher & Schroeder, Florida General Partnership, c/o Michael A. Schroeder, ollectively referred to as the owners of the following property, into the City by Ordinance being adopted ~imultaneously herewith; and WHEREAS, the procedure for amendment of a Land Use Element of a Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and WHEREAS, after public hearing and study, the City Commission deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of the Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~ISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect the following: That the Land Use of the following described land shall be designated as Commercial Local Retail. Said land is more )articularly described as follows: 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. Section 2: That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. Section 3: Ail ordinances or parts of ordinances in =onflict herewith are hereby repealed. Section 4: Should any section or provision of this Drdinance or any portion thereof be declared by a court of =ompetent jurisdiction to be invalid, such decision shall ~ot affect the remainder of this Ordinance. Section 5: This immediately upon passage. FIRST READING this Ordinance shall become effective ~ day of December, 1990. SECOND, FINAL READING and PASSAGE this )ecember, 1990. /f day of LORIDA yor ., Comm±ssioner Commis s/i one~ . . ~ ~TTEST: (Corporate Seal) LANDUSE3.DOC i1/29/90 'ZEe Ci~y of ~o~nton ~eact~ I00 E. Boynton '~each Bozdet,ara 'P.O. Box310 Boynton Beach, Floddk 3342_x-0310 Oty Hall: NOW 734-8111 F.D,': (4071 738-7459 ANNEXATION FIALL CORNER RESTAURANT ORDINANCE Amer~t'as Gatewau to the