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O90-65ORDINANCE NO.~90-~-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE MALL CORNER RESTAURANT (SW CORNER OF THE INTERSECTION OF (MALL ROAD) WINCHESTER BLVD. AND OLD BOYNTON ROAD), 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 (COMI~JNITY 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 ~each, 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 The Mall Corner Restaurant, c/o Schroeder & Larche, P.A., the property owners, has heretofore filed a Petition with the City of Boynton Beach, Florida, Appendix A-Zoning, of the Code Boynton Beach, Florida, for the certain parcel of land consisting pursuant to Section 9 of of Ordinances, City of purpose of rezoning a of approximately 1.34 said from ~cres located within the municipal limits of said City, property being more particularly described hereinafter, (Agricultural Residential) to C-3 (Community Commercial), ~hich requests that the 1.34 acre parcel be removed from the boundaries of the AR to allow for the processing of the ~ezoning 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 regulations into compliance with the Comprehensive Plan; and WHEREAS, the City Commission deems it in the best 2nterests of the inhabitants of said City to amend the aid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1: The following described land, located in =he City of Boynton Beach, Florida, to-wit: A portion of Lot 42 of Subdivision Section 19, Township 45 South, Range 43 East as recorded in plat Book 7, at Page 19, of the Public Records of Palm Beach County, Florida, less the South 320.00 feet and less the North 20.00 feet for road right-of-way and being more particularly described as follows: Commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an assumed bearing of South 01° 06'03" East a distance of 20.00 feet to a point of intersection of the South right-of-way line of Old Boynton Road and the West right-of-way line of Winchester Park Boulevard as now exists, said point also being the Point of Beginning; thence continue South 01° 06' 03" East along the said West right-of-way line of Winchester Park Boulevard a distance of 243.08 feet; thence South 88° 09' 06" West a distance of 307.55 feet to a point on the West line of said Lot 42; thence North 01° 00' 33" West along the West line of said Lot 42, a distance of 124.60 feet; thence North 89~ 50' 16" East a distance of 139.90 feet; thence North 01° 00' 33" West a distance of 127.53 feet to a point on the said South right-of-way line of Old Boynton Road; thence North 89° 50' 16" East along the said South right-of-way line a distance of 167.26 feet to the Point of beginning. ~e 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: Ail ordinances or parts of ordinances in conflict 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 immediately upon passage. FIRST READING 1990. become effective this / day of ~=~/~///~/~ SECOND, FINAL READING and PASSAGE this // day I DA Vice Mayor Commissioner ~orm~issioner (Corporate Seal) dommis s i~6ne{:- ' -' - {EZONE2.DOC, 11/28/90 of Boynton Beach ~00 E. Boynton Beach Bqul~vard 'P.O. Box310 Boynton Beach. Floridi~ 33425-0310 Oty Ha.~: (407) 734-8111 FAX: (407) 738-7459 ANNEXATION - ~LALL CORNER ORDINANCE ~090-64 RESTAURANT America's Gateway to the Gulfst~i, cint