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07-041 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ORDINANCE NO. 07- oY , AN ORDINANCE OF THE CITYCOMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, RESCINDING ORDINANCE 06-064 WHICH REZONED FROM C-3, COMMUNITY COMMERCIAL TO MIXED USE LOW 3 A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF WOOLBRIGHT ROAD AND SOUTH FEDERAL HIGHWAY; RESTORING C-3, COMMUNITY COMMERCIAL ZONING TO THE PROPERTY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida adopted Ordinance No. 06-064 which rezoned the property from C-3, Community Commercial to 17 Mixed Use Low 3 (MU-L3); and 18 WHEREAS, the property which was the subject of 06-064 is now owned by 19 Woolbright Sunshine, LLC, which has indicated its inability to develop the land as a mixed 20 use project and has requested rescission of Ordinance No. 06-064 which will restore the 21 previous C-3 zoning designation and allow for improvements and enhancements to the 22 existing shopping center known as Sunshine Square. 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing Whereas clauses are true and correct and incorporated 2 6 herein by this reference. 27 Section 2. Ordinance No. 06-064 is hereby rescinded. The zoning on the property 28 will revert to Community Commercial (C-3) zoning. 29 Section 3. That the Zoning Map of the City is amended to reflect this rescission. S:\CA \Ordinances\Planning\Rezoning\Rescission of rezoning - Sunshine Square(mr).doc - I - II 1 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 2 repealed. 3 Section 5. Should any section or provision of this Ordinance or any portion thereof 4 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 5 remainder of this Ordinance. 6 Section 6. This ordinance shall become effective immediately upon passage. 7 FIRST READING this ~ day of Dec.emk,2007. SECOND, FINAL READING and PASSAGE this ~ day of Ja..nuo..r 1 ' 2008. CITY OF BOYNTON BEACH, FLORIDA ~\; a;/~ (/MayOl~ Jerry (ftlo . 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ATTEST: Yn~ p~ (C S:\CA \Ordinances\Planning\Rezoning\Rescission of rezoning - Sunshine Square(mr).doc - 2 -