LEGAL APPROVAL
7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Rorida
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following tract of land as hereinafter described, in accordance with Article Ij SectIon
WHEREAS, the aty of Boynton Beach hereby exercises its option to annex the
of 9.64 acres; and
Boynton Beach, Florida, fol' the purpose of annexing a certain tract of land consisting
the property more particularly described hereinafter, has heretofore flIed a Petition,
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, Oty of
WHEREAS, Michael Schroeder as Trustee, and Marilyn Selva, property owners of
development of an Annexation Program; and
WHEREAS, the Comprehensive Plan for the City of Boynton 8e~d~ ..t!~iL\ir6S t"le
ORDINANCE NO. 099-//
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING
9,64 ACRE PARCEL LOCATED ON THE NORTHWEST
CORNER OF BOYNTON BEACH BOULEVARD AND
WINCHESTER PARK BOULEVARD; ANNEXING A
CERTAIN UNINCORPORATED TRACT OF LAND THAT
IS CONTIGUOUS TO THE cm UMITS WITHIN PALM
BEACH COUNlY AND THAT WILL, UPON
ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE cm TERRITORY,
PURSUANT TO A PETITION BY THE OWNER OF SAID
TRACT OF LAND, REQUESTING ANNEXATION
PURSUANT TO ARTICLE I, SEcnON 7 (32) OF THE
CHARTER OF THE cm OF BOYNTON BEACH,
FLORIDA, AND SECTIONS 171.044, AND 171.062(2),
FLORIDA STATUTES; PROVIDING THE PROPER LAND
USE DESIGNATION AND PROPER ZONING OF THE
PROPERlY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; P'ROVIDING FOR CONFUCTS, .
SEVERABILITY, CODIACATION AND AN EFFECTIVE
DATe; PROVIDING lliAT THIS ORoiNANCE SHALL BE
ALED WITH THE CLERi<: OF THE CIRCUIT COURT OF
PALM BEACH COUNTY, FLORIDA, UPON ADOPTION.
not affect the remainder of this Ordinance.
hereby repealed.
Section 5: 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
All ordinances or parts of ordinances in conflict herewith are
Section 4.
Section 171.162(2), Aorlda Statutes.
Oty zoning designation and Land Use category is being determined as contemplated in
That by Ordinances adopted s!multaneously herewith, the proper
, Section 3:
particularly described In SectIon 1 of this Ordinance.
Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
That Section 6 and 6(a) of the Charter of the City of Boynton
Section 2:
same had been originally incorporated in the territorial boundaries thereof.
I SEE EXHIBIT "A" ATIACHED HERETO
I is hereby annexed to the Ci~ of Boynton Beach, R9r1da, and such land so annexed
11 shall be and become part of the City .with the same force and effect as though the
described unincorporated and contiguous tract of land situated and lying and being
in the County of Palm Beach, Florida, to wit:
" of Boynton Beach, Florida and Section 171.044, Florida Statutes the following
Pursuant to Article I, Section 7 (32) of the Charter of the City
Section~.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
'I the City territory.
annexation, constitute a reasonably compact addition to
WHEREAS, said tract of land lying and. being within Palm Beach County is
contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
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ATTEST:
,=-~~,,~
-1ALttu
Commissioner
SECOND, FINAL READING and PASSAGE this e:ot'6' day of A'~I't/t... . 1999,
, 1999.
Circuit Court of Palm Beach County, Florida,
FIRST READING this ~ day of ...?J':1A7/~
This ordinance, after adoption, shall be filed with the Clerk of the
Section 8.
Specific authority is hereby given to codify this Ordinance.
Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
I
I
Section 7 .
for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
This Ordinance shall not be passed until annexation is advertised
~ection_6-.:
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~. ~99-//.
Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida. Also described as the South % of the Southwest % of the Southwest % of the
Southeast % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet
thereof; and LESS that portion thereof lying within the Lake Worth Crainage Cistrict Canal L-24 Right-of-
Way.
Also, that part of the Lake Worth Drainage District Canal L-24 right-of-way lying North and adjacent to
Block 7 of the Plat of Palm Beach Farms Company Plat No.8, according to the Plat recorded in Plat
Book 5, Page 73, of the Public Records of Palm Beach County, Florida; same portion of said Canal L-24
right-ofway lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range
43, according to the Plat recorded in Plat Book 7, Page 19, of,the Public Records of Palm Beach
County, Florida.
Together with the West 15 feet of Tract .?2 of .the Subdivision o~ SE % of Section 19, Township 45,
Range.43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County, Florida.
Together with the right-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51
and 52.
Tract 51 of the SUBDIVISION o'F'SOUTHEAST % OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE
43 EAST, according to the Plat thereof, r&corded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida.
, .
*County Tax Assessor
,
*Secretary of State
*Supervisor of Registration
*State Beverage Department
*State Department of
Transportation
Bureau of Census
, ,*Clerk of County Circuit Court
to receive copy of ordinance
\
Attachment Location Map
*Area Planning Board
*Countywide Planning Council
Chamber of Commerce
All City Departments
All Utility comp~nies
.. .
*County Commi..ioners
*County Planning, Bldg, Zoning
*OWner or Petitioner
'Commercial/Retail
Proposed Type of Development:
Vacant Land
Existing Type of Development:
d.l!. 's/acre
tdd
Zoning:C-3 (Community Commercia]J)ensity Allowed:
d. u. Is/acre
None
Estimated Present Residential Density:
Estimated Number of Existing Dwelling Units: None
Estimated Present Population~ None
Acres
~
Sq. Ft.
Area of Subject Property:
Effective Date: Apri1;"6, 1999
Special Act of State Legislaturel Bill *
or
Ordinance * 099-11
Name of Development/OWner: WAL-MART STORES EAST, INC.
THE CITY PLANNER.
Please be advised by this notification and attached location map, that
certain lands have been annexed by BOYNTON BEACH, Florida. Information
contained herein is pertinent to the area in question. If additional
material is required, please contact the office of:
Florida
FROM: City of Boynton Beach,
NOTI.CE OF
MUNICIPAL ANNEXATION
.
...
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LOGJ.\11UI\j M-f\t'-c:^rnC'1 U
WALMART ANNEXATION IREZONUJG
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19
City of Boynton Beach v. Eleanor Marie Shepard, Margaret Shepard Brown, her
assignees or descendents, if any; Frances R. Shepard, Trustee, Sun Bank, Trustee
and James Weege, Trustee
Case #CL98007926AJ - Pending in Palm Beach County Circuit Court
Attorney Cherof recommended that the Commission set an Executive Session to discuss the
following lawsuit:
1. Set Executive Session to Discuss Pending Utigation
D. Other:
. . None
C. Resolutions:
The vote was unanimous.
Vice Mayor TIllman moved to approve Proposed Ordinance No. 099-11. Commissioner
Denahan seconded the motion. City Oerk Sue Kruse polled the vote.
When Comr.1issioner Sherman abstained, Attorney Cherof explained that he could only abstain if
he had a monetary conflict of interest.
Motion
(Commissioner Sherman returned to the dais.)
Attorney Cherof read ProPosed Ordinance No. 099-11 by title only.
4. Proposed Ordinance No. 099-11 Re: Regarding the application of
Wal-Mart Stores East, Inc., (a 9.64 acre parcel located on the northwest
. comer of Boynton Beach Boulevard and Winchester Park Boulevard);
annexing a certain unincorporated tract of land that is contiguous to the
City limits within Palm Beach County, providing the proper land use
designation and proper zoning of the property shall be reflected in
. separate Ordinances passed simultaneously
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 099-10. Vice Mayor
lillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
(Commissioner Sherman was away from the dais.)
.- Attorney Cherof read Proposed Ordinance No. 0~9-10 by title only.
APRIL 6, 1999
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Wal Mart\LUAR\legalnot.doc
MWR:bme
xc: Central File
Attachments
A legal advertisement for same has been prepared for the March 8, 1999 Planning and
Development Board Public Hearing and the March 16, 1999 City Commission Public Hearing, and
will be forwarded to your office after review by the City Attorney. Also, property owners notices
must be mailed out no later than February 5, 1999. Please let me know if I can be of further
assistance.
Accompanying this memorandum you will find a copy of the application submitted for the above-
referenced project, including the items necessary for notifying property owners.
Wal Mart (LUAR 99-001) and (ANNX 99-001)
RE:
February 1, 1999
DATE:
f'r,uq/
Michael W. Rumpf
Acting Planning and Zoning Manager
FROM:
Sue Kruse
City Clerk
TO:
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ #99-021
J:\SHRDA T A \Planning\SHARED\WP\PROJECTS\Wal Mart\LUAR\legalnot.doc
COMPLETED:
RECEIVED BY CITY CLERK:
(Date)
(2)
(City Attorney)
r-;2(2/p7
(Date) .
'/
(1) /L G ."C-
(Originator)
APPROVED BY:
DATE(S) TO BE PUBLISHED: February 26. 1999 and March 8.1999
LAST DATE TO FAX TO NEWSPAPER: February 24.1999
NEWSPAPER(S) TO PUBLISH: The Post
SEND COPIES OF AD TO: Newspaper (February 26. 1999), adioining property owners (bv
February 5. 1999). applicant and Plannina and Zoning Manaaer.
Standard Legal Ad for Plannina and Development Board meeting on March 8. 1999 at 7:00 p.m.
and City Commission meeting of March 16. 1999 at 7:00 p.m.
INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black
Border, etc.)
BRIEF DESCRIPTION OF NOTICE OR AD: Wal Mart Property Annexation. Land Use
Amendment and Rezoning - Northeast corner of Knuth Road and Bovnton Beach Boulevard.
DATE PREPARED: February 1.1999
PREPARED BY: Michael Rumpf
ORIGINATOR: Planning and Zonina
A completed copy of this routing slip must accompany any request to have a Legal Notice or
Legal Advertisement published and must be submitted to the Office of the City Attorney two
working days prior to the newspaper's ad submittal deadline.
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
Tracts 43 and 44 of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida;
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
TOGETHER WITH:
Tracts 45, 46, 49 and 50, of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records
of Palm Beach County, Florida, and also described as the E % of S % of W % of SE % of Section 19,
Township 45 South, Range 43 East; LESS the North 20 feet of Tract 45 and 46 for road right-of-way;
TOGETHER WITH:
The South 320 feet of Tract 42 of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45
SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public
Records of Palm Beach County, Florida.
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
TOGETHER WITH:
Lot A and Lot B, Block 4, lying North of North Right-of-Way line of State Road No. 804 and Lot A and Lot
B, Block 5, lying North of the North Right-of-Way line of State Road No. 804 PALM BEACH FARMS
COMPANY PLAT NO.8, ACCORDING TO THE Plat thereof, recorded in Plat Book 5, Page 73: of the
Public Records of Palm Beach County, Florida.
LEGAL DESCRIPTION:
PROPERTY TO BE REZONED ONLY tAG TO C.3)
That portion of the following property lying West of WINCHESTER PARK BOULEVARD:
NATURE OF REQUEST:
Annexation, to amend the Future Land Use Map of the Comprehensive Plan from CH (Commercial
High) in Palm Beach County to Local Retail Commercial and to rezone the property from AG
(Agriculture) to C-3 (Community Commercial District) to allow for commercial development.
This request will also be considered by the City Commission of THE CITY OF BOYNTON BEACH,
FLORIDA, on Tuesday, March 16, 1999 at 7:00 p.m., or as soon thereafter as the agenda permits at the
CITY HALL COMMISSION CHAMBERS.
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100
East Boynton Beach Boulevard, on Monday, March 8, 1999 at 7:00 p.m. to consider the request
described herein and submitted by Keith Pelan, Kimley-Hom and Associates, Inc., agent for the Wal
Mart Stores East, Inc., contract purchaser, regarding a total of 42.01 acres (9.64 acres to be annexed)
located on the west side of Winchester Park Boulevard between Old Boynton Road and Boynton Beach
Boulevard on the northeast comer of Knuth Road and Boynton Beach Boulevard.
NOTICE OF ANNEXATION
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBLIC HEARING
BEGIN at the Northwest corner of Tract 42, as shown on the SUBDIVISION OF SOUTHEAST y,. OF
SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat
Book 7, Page 19, of the Public Records of Palm Beach County, Florida; thence Southerly, along the
West line of Tract 42, a distance of 272.13 feet to the POINT OF BEGINNING of the parcel to be herein
described; thence continue Southerly along the West line of Tracts 42, 43, and 44, as shown on said
Plat, to a point in the South line of said Section 19; thence Westerly along said South line, a distance of
30 feet; thence Northerly, along the East line of Tracts 50, 49 and 45, as shown on the aforesaid Plat, to
a point of 273.67 feet South of the South Right-of-Way of Old Boynton Road, a 40 foot road shown on
the said Plat of Section 19; thence Easterly, a distance of 30.0 feet to the POINT OF BEGINNING.
That certain 30 foot Road Right-of-Way, as vacated by Resolution No. R-76-802 recorded in Official
Records Book 2586, Page 1378, lying between a portion of Blocks 4 and 5 of PALM BEACH FARMS
COMPANY PLAT NO.8, according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public
Records of Palm Beach County, Florida, and that certain 30 foot road Right-of-Way lying in the
SUBDIVISION OF SOUTHEAST y,. OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST
according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County, Florida, all as more fully described as follows:
TOGETHER WITH:
Commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an
assumed bearing of S. 01006'03" E., a distance of 20 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 S. 01006'03" E. along said
West Right-of-Way line of Winchester Park Boulevard a distance of 243.08 feet; thence S. 89009'06" W.,
a distance of 307.55 feet to a point on the West line of said Lot 42; thence N. 01000'33" W. along the
west line of said Lot 42, a distance of 124.60 feet; thence N. 89050'16" E., a distance of 139.90 feet;
thence N. 01000'33" W. a distance of 127.53 feet to a point on the said South Right-of-Way line of Old
Boynton Road thence N. 89050'16" E. along the South Right-of-Way line, a distance of 167.26 feet to the
POINT OF BEGINNING.
A portion of Tract 42 of the SUBDIVISION OF SOUTHEAST y,. SECTION OF SECTION 19, TOWNSHIP
45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the
Public Records of Palm Beach County, Florida LESS the South 320 feet and LESS the North 20 feet for
road Right-of-Way and being more particularly described as follows:
The West 89.90 feet of the following described parcel:
TOGETHER WITH:
Tract 47, Less the North 20 feet thereof for road Right-of-Way, of the SUBDIVISION OF SOUTHEAST
y,. OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded
in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Florida.
TOGETHER WITH:
The 25 foot road as shown on the plat of PALM BEACH FARMS COMPANY PLAT NO.8, according to
the Plat thereof, recorded in Plat Book 5, Page 73; of the Public Records of Palm Beach County, Florida,
lying directly South of and adjacent to the South line of Tracts 44, 50 and the 30' vacated road lying
between said Tracts 44 and 50 of the SUBDIVISION OF SE y,. OF SECTION 19, TOWNSHIP 45
SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19 of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH:
Page 2
J:\SHRDA TA\Planning\SHARED\WP\PROJECTS\Wal Mart\LUAR\legalnot.doc
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
All interested parties are notified to appear at said hearing in person or by attorney and be heard. Any
person who decides to appeal any decision of the Planning and Development Board and/or City
Commission with respect to the matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida. Also described as the South % of the Southwest % of the Southwest % of the
Southeast % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, LESS the West 15 feet
thereof; and LESS that portion thereof lying within the Lake Worth Drainage District Canal L-24 Right-of-
Way.
PROPERTY TO BE ANNEXED. RECLASSIFIED. AND REZONED (CH TO LRC AND AR TO C-3l
Tract 51 of the SUBDIVISION OF SOUTHEAST % OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE
43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida.
BEGINNING at the Northwest corner of Block 4, as shown on the PALM BEACH FARMS COMPANY
PLAT NO.8, as recorded in Plat Book 5, Page 73, of the Public Records of Palm Beach County, Florida;
thence Southerly, along the West line of said Block 4, a distance of 251 feet, more or less, to the North
Right-of-Way line of Florida State Road No. 804 (West Boynton Road) as presently laid out and in use;
thence Westerly along said Right-of-Way line, a distance of 30 feet; thence Northerly, along the East line
of Block 5, as shown on the aforementioned Plat to the Northeast corner of Block 5; thence Easterly, a
distance of 30 feet to the POINT OF BEGINNING. LESS and not including the North 35 feet thereof;
LESS that portion of thereof lying within the Lake Worth Drainage District Canal L-24 Right-of-Way.
AND
LESS and not including the South 20 feet thereof; LESS that portion thereof lying within the Lake Worth
Drainage District Canal L-24 Right-of-Way.
Page 3