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O90-04 ORDINANCE NO. 90-~ AN ORDINANCE OF THE CITY ~COMMIS$ION OFr THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD TO C-3 (COMMUNITY COMMERCIAL) SAID PARCEL BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. W~RREAS, 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, Jose Aguila, agent for American Development Corporation, property owner, 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 13.179 acres located within the municipal limits of said City, said property being more particularly described hereinafter, from PUD (Planned Unit Development) to C-3 (Community Commercial), to allow for modification to the approved master plan for the Congress Lakes Planned Unit Development, which requests that the 13.179 acre parcel be removed from the boundaries of the PUD to allow for the processing of the rezoning application; and W~.REAS, Ordinance 89-38, which is the Comprehensive Plan for the City of Boynton Beach, shows the property in the Local Retail Commercial 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 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 portion of land in the Southeast quarter of Section 18, Township 45 South, Range 43 East, and being a part of the North half of the Northeast 1/4 of Section 19, Township 45 South, Range 43 East, in Palm Beach County, Florida and being more particularly described as follows: Commencing at the East 1/4 corner of Section 18, thence S.89°05'09"W., 50'.05 feet, along part of the North line of the Southeast 1/4 of Section 18, to a point on the West Right-of-Way line of Congress Avenue as described in Official Records Book 1290 at Page 519, thence S. 89°05'09"W., 1301.41 feet along part of the North line of the Southeast 1/4 of Section 18, to the East line of a tract as described in a deed from N.R. Field to Sunny South Estates, Inc., recorded in Official Records Book 3206 at page 1070, thence S. 01°44'21"W., 1370.28 feet, along part of said East line to the South Right-of-Way of Northwest 22nd Avenue, as described in Official Records Book 1785 at Page 1569, thence N. 88°59'56"E., 300.43 feet along said South Right-of-Way line to the Point of Beginning, thence continuing N. 88°59'56"E., 991.00 feet along said South Right-of-Way line to the West line of the 120 foot Congress Avenue Right-of-Way, as per Official Records Book 3560 at Pages 1115 through 1120, thence along said West Right-of-Way, line S. 01°44'21"W., 642.00 feet; thence S. 46° 44'21"W., 35.35 feet, thence N. 88°15'39"W., 199.34 feet, to a point of curve to the right having a radius of 600.00 feet, thence along said curve to the right, an arc distance of 75.05 feet, said arc having a delta angle of 07~10'02'', thence S. 08~54'22"W, 65.21 feet, thence N. 88~15'39"W., 254.01 feet, thence N. 01°44'21"E., 60.00 feet, thence N. 58°12'44"W., 360.00 feet; thence N. 31°47'16"E. 140.00 feet, thence N. 58°12'44"W., 216.05 feet, thence N. 01~44'21"W., 210.00 feet to the South Right-of-Way line of Northwest 22nd Avenue and the Point of Beginning. be and the Commercial). Section 2: same is hereby rezoned C-3 (Community That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewi~th are hereby~repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 5: This Ordinance shall become effective immediately upon passage. FIRST READING this 1990. SECOND, of day of FINAL READING and PASSAGE this ~/~ day , 1990. CITY FLORIDA Vice Mayor ~>~ --~ ATTEST: Ci~ Clerk (Corporate Seal)