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O96-64ORDINANCE NO. 096-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE REZONING OF BOYNTON COMMONS PCD; AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, PURSUANT TO CHAPTER 2, SECTION 6.F.13 OF THE CITY'S LAND DEVELOPMENT REGULATIONS; PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City oft Boynton Beach, Florida has adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and WHEREAS, Land Design South, agent for Boynton Commons Corporation, contract purchaser of the subject property, has requested approval to modify the previously approved master plan for the Boynton Commons Planned Commercial Development (PCD). This 23-acre project, approved on November 21, 1995, for 186,130 square feet of retail space, is located at the southwest corner of Congress Avenue and Old Boynton Road and the current land use, which would remain unaffected by this rezoning is Local Retail Commercial; and WHEREAS, pursuant to the City's Land Development Regulations (Chapter 2, Section 6.F.13), modifications to an approved planned commercial development which would result in an increase of ten (10) percent or more in measurable impacts such as traffic created or water consumed, must be processed through a new application for zoning to PCD; and WHEREAS, the proposed changes would represent an increase in water demand equivalent to approximately 12%; 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: S~ The following described land, located in the City of Boynton Beach, Florida, as set forth in Exhibit "A" attached hereto and made a part hereof, be and the same is hereby designated PCD zoning, subject to conditions of the Development Order, dated October 15, 1996, and attached hereto. ~ All ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ 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. ~ This ordinance shall become effective immediately upon signing. FIRST READING this ~ day of '~~~ , 1996. SECOND, FINAL READING and PASSAGE this /7 day of ' ~~/;~, 1996. ATTEST: Citer Clerk - - ~--' ~ CITY OF BOYNTON BEACH, FLORIDA Mayor ~ ~ Vic M99o J /dommissioner ~ Co~i s s ioner Parcel 1 ~0~., I, A parcel of land lying in section 19 of township 45 south, range 43 east, said parcel being a portion of lots 39, 40, 41, 43 and 44, of the subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida. Said parcel being more fully described as follows: Commencing at the southeast corner of section 19, township 45 south, range 43 east, thence with a bearing of south 87o32,47,, west, along the south line of section 19, a distance of 60.00 feet to a point on the west right-of-way line of Congress Avenue; thence with a bearing of north 01o22'43,, west, along the west right-of-way line of Congress Avenue, a distance of 300.00 feet to the point of beginning; thence with a bearing of south 8.7032,47'' west, a distance of 390..00 feet; thence south 68o03'48'' west, a distance of 273.33 feet; thence north 02o27'13,, west, a distance of 41.60 feet; thence south 83ot6,46,, west, a distance of 269.64 feet to a point on Winchester. Park Blvd.; thence with a curve to the right along the east right-of-way line of Winchester Park Blvd., having a chord bearing of north 08o13'05'' east, a radius of 2193.99 feet, a central angle of 06°59'36., and an arc length of 267.79 feet; thence with a reverse curve to the left having a chord bearing of north 05016'24'' west, a radius of 2149.31 feet, a central angle of 12°48'_59'', -and an arc length of 480.78 feet to a point; thence north 01o06'06,, west, alOng the east right-of-way of Winchester Park Blvd. ~ distance of 223.72 feet; thence north 44o22'08,, east, a distance of 35.64 feet, to a point on the south right-of-way line iof Old Boynton Road; thence with a bearing of north 89o50'22,, east, along the south right-of-way line of Old Boynton Road, a distance ~of 763.72 feet; thence with a bearing of south 45°46'11,, east, a distance of 34.98 feet to a point on the west right-of-way line of iCongress Avenue; .thence with a bearing south 01°22'43. east, a idistance of 860.95 feet to the point of beginning. A parcel of land lying in section 19, township 45 south, range 43 east, Palm Beach County, Florida, said parcel being a portion of tracts 44, 40, and 39, of the plat of subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the southeast corner of Section 19; thence north 01°22'43'' west, along the east line of said section 19, a distance of 25.00 feet; thence south 87032'47'' west, along a line lying 25.00 feet north of (as measured at right angles to) and parallel to the south line of said section 19, a distance of 60.00 feet to the point of beginning; said point also being a point on the west right-of-way line of Congress Avenue; thence continue south 87032'47'' west, along a line lying 25.00 feet north of (as measured at right angles to) and parallel to the south line of said section 19, said line also being the north right-of-way line of the L.W.D.D. lateral 24, as recorded in official records book 2370, page 1595 and 1596, a distance of 510.31 feet; thence north 02°27'13" west, a distance of 230.55 feet; thence north 68003'48'' east, a distance of 133.10 feet; thence north 87032'47'' east, a distance of 390.00 feet to a point on the west right-of-way line of Congress Avenue; thence south 01022'43'' east, along the west right- of-way line of Congress Avenue, said line lying 60.00 feet west of (as measured at right angles to) and parallel to the east line of said section 19, a distance of 275.00 feet more or less to the point of beginning. A parcel of land lying in section 19, township 45 south, range 43 east, Palm Beach County, Florida, said parcel being a portion of tracts 44, 40, and 39, of the plat of subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida, said parcel being more particularly described as follows: Commencing at the northeast corner of section 30, township 45 south, range 43 east; thence with a bearing of south 87057'53'' west along the north line of section 30, a distance of 50.00 feet to a point on the west right-of-way line of Congress Avenue; thence continue along the aforementioned course extended a distance of 937.65 feet to a point on the east right-of-way line of the Mall Road; thence with a curve to the right along the east right-of-way line of the Mall Road with a chord bearing of north 00059'06'' west, a radius of 2193.99 feet, a central angle of 00°39'01'', and an arc length of 25.01' feet to a point; thence with a bearing of north 87o32,47,,.east, along a line lying 25.00 feet north of and parallel to the sou~h line of section 19, a distance of 285.00 feet, said point being the point of beginning; thence with a bearing of north 02o27'13'' west, a distance of 183.78 feet; thence north 68003'48'' east, a distance of 140.23 feet; thence south 02°27'13'' east, a distance of 230.55 feet to a point on a line lying 25.00 feet north of and parallel to the south line of section 19; thence with a bearing of south 87032'47'' west, a distance of 1'32.20 feet along the south line of section 19, more or less- to the point of beginning. A parcel of land lying in sections 19 and 30, township 45 south, range 43 east, Palm Beach County, Florida, said parcel being a portion of tracts 39, 40, and 44, of the plat of subdivision of section 19, township 45 south, range 43 east, as recorded in plat book 7, page 19, of the public records of Palm Beach County, Florida, and a portion of lot "A" block 1, and a portion of lot "A" block 2, of the subdivision of Palm Beach Farms Company Plat No. 8, as recorded in plat book 5, page 73, of the public records of Palm Beach County, Florida, said lands being more particularly described as follows: Commencing at the southeast corner of said section 19; thence with ~a bearing of south 87032'47'' west, along the south line of section 19, a distance of 60.00 feet to the point of beginning, on the west ~right-of-way line of Congress Avenue; thence with a bearing of isouth 01022'40'' east, a distance of 17.50 feet, to a point; thence with a bearing of south 87032'47'' west, along a line lying 17.50 ifeet south of and parallel with the north line of section 30, a distance of 190.03 feet to a point; thence south 01022'40'' east, a ~ distance of 42.50 feet to a point; thence south 87032'47'' west, along a line lying 60.00 feet south of and parallel to the north line of section 30, a distance of 450.89 feet to a point; thence north 02°27'13'' west, a distance of 60.00 feet to the north line of section 30; thence continue north 02"27'13" west, a distance of 25.00 feet to a point; thence with a bearing of north 87032'47'' east, along a line lying 25.00 feet north and parallel to the south line of section 19, a distance of 642.52 feet to a point; thence With a bearing of south 01022'40'' east, a distance of 25.00 feet more or less to the point of beginning Total area Parcels 1 through 4 equals 22.885 acres.