LEGAL APPROVAL
MEMORANDUM
TO:
MIKE RUMPF
DIRECTOR OF PLANNING AND ZONING
FROM:
SUE KRUSE, CITY CLERK
DATE:
APRIL 21, 1999
RE:
ORDINANCE #099-08 THRU #099-11
Attached please find copies of the above mentioned ordinances which were approved at
the City Commission meeting held on April 20, 1999.
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ORDINANCE NO. 099-G:18
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AN ORDINANCE OF THE CITY COMMISSION OF THE CTIY
OF BOYNTON BEACH, FLORIDA, REGARDING AN
APPUCA1l0N TO AMEND ORDINANCE 91-70 OF SAID CITY
BY REZONING A CERTAIN TRACT OF LAND (CONSISTING
OF 32.37 ACRES) MORE PARTICULARLY DESCRIBED
HEREIN, FROM AG (AGRICULTURAL) TO C-3 (COMMUNITY
COMMEROAL); PROVIDING FOR CONFUCTS,
SEVERABIUTY AND AN EFFECTIVE DATE.
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WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted
Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said City; and
WHEREAS,
Kimley-Horn and Associates, Inc., agent for Wal-Mart Stores East,
Inc., contract vendee of owners of the property more particularly described hereinafter, has
heretofore filed a Petition, 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 tract of
land consisting of 32.37 acres, said land being more particularly described hereinafter, "from
Agricultural Residential (AG) to C-3 Community Commercial; 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 as set forth as follows:
See Exhibit "A" Attached Hereto.
be and the same is hereby rezoned from Agricultural (AG) to C-3 Community Commercial. A
location map is attached hereto as Exhibit "B" and made a part of this Ordinance by reference.
Attached as Exhibit "c" is a copy of the conditions/requirements for this rezoning, which are
incorporated herein.
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended-
I accordingly.
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Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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 ~ day of nt P'..e/~
.1999.
SECOND, FINAL READING and PASSAGE this ~ day of # ,d...e.-'L.. 1999.
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Commissi~,u.U ~ttJvtV'\.
Commissioner
ATTEST:
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TOGETHER WITH:
The 25 foot road as shown on the plat of PALM BEACH FARMS COMPANY PLAT NO. 8s 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 [ying
between said Tracts 44 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;
TOGETHER WITH:
Tract 47, Less the North 20 feet thereof for road Right-of-Way, 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, Rorida.
TOGETHER WITH:
The West 89.90 feet of the following described parcel:
A portion of Tract 42 of the SUBDIVISION OF SOUTHEAST % 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:
Commencing at the Northeast comer 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
existss 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.
TOGETHER WITH:
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, Rorida, and that certain 30 foot road Right-of-Way lying in the
SUBDIVISION OF SOUTHEAST % OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST _
according to the Plat thereof, recorded in Plat Book 7s Page 19s of the Public Records of Palm Beach
County, Florida, aU as more fully described as follows:
BEGIN at the Northwest comer of Tract 42, as shown on the SUBDIVISION OF SOUTHEAST ~ OF
SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat
Book 7s 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 Westeriy along said South line, a distance of
30 feet; thence Northerty, 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.
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WALMART ANNEXATION/REZONIN,
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EXHIBIT "C"
Conditions of Approval
=: : project nam.e: Wal-Mart Propeny
File number: ANNX 99-001 and LUAR 99-001
DEPARTMENTS rNCLUDE REJECT I
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PUBLIC WORKS I
Comments: NONE X I
UTILITIES I
Comments: NONE X I
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FIRE I
Comments: NONE X
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POLICE I
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Comments: NONE X
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ENGINEERING DIVISION I
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Comments: NONE X I
BUILDING DIVISION I
Comments: NONE X I
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PARKS AND RECREA nON I
Comments:. NONE X I
FORESTERlENVIRONMENT ALIST I
Comments: NONE X I
PLANNING AND ZONING
Comments: X
1. No principle buildings shall be placed facing, nor within 500 feet from X
Knuth Road (except when separated by an unrelated use or property. I
1
2. Site plan approval shall include a coordinated sign progr-.un for site -r
^ II
signage intended to maximize shared signage and compatibility with
existing signs.
Page 2
Wal-Mart Property
File No.: ANNX 99-001 and LUAR 99-001
I
DEPARTMENTS - INCLUDE REJECT
3. Ingress/egress shalI be coordinated using proposed principle driveways X
to the Wal-Man use (except for two out parcels on Boynton Beach
Boulevard) and interconnection between the principle use and perimeter
uses. I
4. Architectural design guidelines shall be required for site plan approval to X
ensure internal compatibility and compatibility with the adjacent
Boynton Commons PCD.
s. Site plan approval for the entire project shaH include a minimum 10 foot X
wide perimeter greenbelt where the project abuts road rights-of-way.
6. Prior to ordinance adoption, supply the city with a market analysis X
verifying adequate demand for the proposed Wal-Mart Store accounting
for existing area competitors (e.g. K-Mart and Target).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. To be detennined. X
ADDITIONAL CITY COMMISSION CONDITIONS
8. To be detennined. X
1 :\SHRDA T A\PlanningISHARED\ WP\PROJECTS\ WaI Mart\LUAR\COND OF APPROV AL.doc
ORDINANCE NO. 099-~
: i
AN ORDINANCE OF THE CI1Y COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING AN
APPUCA110N TO AMEND ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARl1CULARL Y DESCRIBED HEREIN, FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY
COMMERCIAL); PROVIDING FOR CON FUcrs,
SEVERABILITY AND AN EFFEcrIVE DATE.
I:
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WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 91-70, in which a Revised Zoning Map was adopted for said
City; and
WHEREAS, Kimley-Hom and Associates, Inc., agent for Wal-Mart Stores
East, Inc., contract vendee of owners of the property more particularly described
hereinafter, has heretofore filed a Petition, 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 tract of land consisting of 9.64 acres, said land being more
particularly described hereinafter, from Agricultural Residential (AR) in Palm Beach
County to C-3 Community Commercial; 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 as set forth as follows:
See Exhibit "A" Attached Hereto.
be and the same is hereby rezoned from Agricultural Residential (AR) in Palm Beach
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II County to C-3 Community Commercial. A location map is attached hereto as Exhibit "B"
i-I and rnade a part of this Ordinance by reference. Attached as Exhibit "e" is a copy of the
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! : conditions/requirements for this rezoning, which are incorporated herein.
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! ! Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
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! accordingly.
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Section 3: All ordinances or parts of ordinances in conflict herewith 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.
I
,! FIRST READING this h day of /lP~/L . 1999.
!
I SECOND, FINAL READING and PASSAGE this ~ day of ,4,4f'/~
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ATTEST:
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.1999.
ce Mayor
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Commissioner
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Tract 51 of the SUBOIVISION OF" SOUTHEAST '% OF SEC110N 19, TOWNSHIP 45 SOUni, RANGE
43 EAST, according to the Plat thereof, recorded in Plat Book 1, Page 19, of the Public Records of Palm
Beach County, Florida.
Tract 52 oithe SUBDIVISION OF SOUTHEAST % of SEC110N 19, TOWNSHIP 45 SCtmf, RANGE 43
EA.ST, according to the Plat thereof. recorded in Plat Book 1, Page 19, of the Pubfic Records of Pa1m
Beach County, Rorida. 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 tying within the Lake Worth Drainage Olstrid 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 1 of the Plat of Palm Beach Fanns 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-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range
43, acccrding 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 52 of the Subdivision of SE % of Section 19, Township 45,
Range 43s 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.
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Page Z
Wal-Mart Property
File No.: ANNX 99-001 and LUAR 99-001
--
. , - INCLUDE
DEPARTMENTS REJECT
ensure internal compatibility and compatibility with the adjacent
Boynton Commons PCD.
5. Site plan approval for the entire project shall include a minimum 10 foot
wide perimeter greenbelt where the project abuts road rights-or-way.
6. Prior to ordinance adoption, supply the city with a market analysis
verifying adequate demand for the proposed Wal-Mart Store accounting
for existing area competitors (e.g. K-Mart and Target).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. To be determined.
ADDITIONAL CITY COMMISSION CONDmONS
8. To be determined. -
J:\SHRDA T A\P1anninl\SHARED\ ~ROJECTS\Wal MIlt\LUAR.\COND OF APPROV AL.doc
Cj.
EXHIBIT "e"
Conditions of Approval
-Project-name: Wal-Mart Property
-File nurnber:ANNX 99-001 and LUAR 99-001
DEPARTMENTS . INCLUDE REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DMSION
Comments: NONE
BUILDING DMSION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
1. No principle buildings shall be placed facing, nor within SOO feet from
Knuth Road (except when separated by an unrelated use or property.
2. Site plan approval shall include a coordinated sign program for site
signage intended to maximize shared signage and compatibility with
existing signs.
3. Ingress/egress shall be coordinated using proposed principle driveways
to the Wal-Mart use (except for two out parcels on Boynton Beach
Boulevard) and interconnection between the principle use and perimeter
uses.
4. Architectural design guidelines shall be required for site plan approval to
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ORDINANCE NO. 099-/t'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING 9.64 ACRES OF LAND OWNED BY
MICHAEL SCHROEDER AS TRUSTEE, AND
MARILYN R. SELVA; AMENDING ORDINANCE 89-
38 OF SAID CITY BY AMENDING THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE
PLAN OF THE CITY BY ADOPTING THE PROPER
LAND USE OF CERTAIN PROPERTY, MORE
PARTICULARLY DESCRIBED HEREINAFTER; SAID
LAND USE DESIGNATION 15 BEING CHANGED
FROM C-H (COMMERCIAL HIGH) IN PALM BEACH
COUNTY TO LOCAL RETAIL COMMERCIAL;
PROVIDING FOR CONFUCTS, SEVERABILITY AND
AN EFFECTIVE DATE.
II
WHEREAS, the City Commission of the City of Boynton Beach, Florida
has adopted a Comprehensive Future Land Use Plan and as part of said Plan
a Future Land Use Element by Ordinance No. 89-38 in accordance with the
Local Government Comprehensive Planning Act; and
WH EREAS, the procedure for amendment of a Future Land Use
Element of a Comprehensive Plan as set forth in Chapter 163, Florida
Statutes, has been followed; and
WHEREAS, after public hearing and study, the City Commission
deems it in the best interest of the inhabitants of said City to amend the
aforesaid Element of the Comprehensive Plan as adopted by the City herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Ordinance No. 89-38 of the City is hereby amended to reflect
the following:
.: That the Future Land Use of the following described land shall be
designated as Local Retail Commercial. Said land is more particularly
described as follows:
SEE EXHIBIT "A" ATIACHED HERETO.
Section 2: That any maps adopted in accordance with the Future Land Use
Element shall be amended accordingly.
Section 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4: Should ~ny section or provision of this Ordinance or any
portion thereof be declarec;l by a court of competent jurisdiction to be invalid,
such decision shall not affect the remainder of this Ordinance.
. .
Section 5: The effective date of this small scale development plan
amendment shall be 31 days after adoption, unless the amendment is challenged
pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this
amendment shall be the date a final order is issued by the Department of
Community Affairs, or the Administration Commission, finding the amendment in
compliance with Section 163.3184, F.S. No development orders, development
permits, or land uses dependent on this amendment may be issued or
commence before it has become effective. If a final order of noncompliance is
issued by the Administration Commission, this amendment may nevertheless be
made effective by adoption of a resolution affirming its effective status, a copy of
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which resolution shall be sent to the Department of Community Affairs, Bureau of
Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100.
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FIRST READING this ~ day of April, 1999.
SECOND, ANAL READING and PASSAGE this c?e; day of #P'~L.
1999.
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Tract 51 of the SUBDIVfslON OF SOUTHEAST '% OF ~SEC110N 19, TOWNSHIP 45 SOUTH, RANGE
43 EAST, according to the Plat thereof, recorded in Plat Boak 7, Page 19, of the Public Records of Palm
Beach County, Florida.
Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOunt, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Pubfic 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 Canall-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, Rorida; same portion of said Canal L-24
right-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45, Range
43s according to the Plat recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County I Florida.
Together with the West 15 feet of Tract 52 of the SubdMsion of 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 I Florida.
Together with the right-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51
and 52.
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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 CITY UMITS WITHIN PALM
BEACH COUNIY AND THAT WILL, UPON
ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDmON TO THE CITY TERRITORY,
PURSUANT TO A PETlTION BY THE OWNER OF SAID
TRACT OF LAND, REQUESTING ANNEXATION
PURSUANT TO ARTICLE I, SECTION 7 (32) OF THE
CHARTER OF THE 01Y 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
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFUCTS,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE; PROVIDING THAT THIS ORDINANCE SHALL BE
FILED WITH THE CLERK" OF THE ORCUIT COURT OF
PALM BEACH COUNIY, FLORIDA, UPON ADOPTION.
WHEREAS, the Comprehensive Plan for the Oty of Boynton Beach requires the
development of an Annexation Program; and
WHEREAS, Michael Schroeder as Trustee, and Marilyn Selva, property owners of
the property more particularly described hereinafter, has heretofore filed a Petition,
pursuant to Section 9 of Appendix A-Zoning, of the Code of Ordinances, City of
Boynton Beach, Rorida, for the purpose of annexing a certain tract of land consisting
of 9.64 acres; and
WHEREAS, the City of Boynton Beach hereby exercises its option to annex the
following tract of land as hereinafter described, in accordance with Article I, Section
7 (32) of the Charter of the City and Section 171.044, and 171.062(2), Florida
Statutes; and
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I cont~guous to the existing city limits of the City of Boynton Beach, and will, upon its
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WHEREAS, said tract of land lying and being within Palm Beach County is
annexation, constitute a reasonably compact addition to
the City territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
Pursuant to Article I, Section 7 (32) of the Charter of the City
of Boynton Beach, Rorida and Section 171.044, Rorida Statutes the following
described unincorporated and contiguous tract of land situated and lying and being
in the County of Palm Beach, Rorida, to wit:
SEE ~HIBIT "A" ATIACHED HERETO
is hereby annexed to the City o.f Boynton Beach, Rorida, and such land so annexed
shall be and become part of the City with the same force and effect as though the
. .
same had been originally incorporated in the territorial boundaries thereof.
Section 2:
That Section 6 and 6( a) of the Charter of the City of Boynton
Beach, Florida, is hereby amended to reflect the annexation of said tract of land more
particularly described in Section 1 of this Ordinance.
. Section 3:
That by Ordinances adopted simultaneously herewith, the proper
City zoning designation and Land Use category is being determined as contemplated in
Section 171.162(2), Florida Statutes.
Section 4.
All ordinances or parts of ordinances in conflict herewith are
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
: not affect the remainder of this Ordinance.
I
[I
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i I
II
II Section 6: This Ordinance shall not be passed until annexation is advertised
1 for ~o (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
I ! Beach, Florida, as required by the City Charter and Section 171.044, Rorida Statutes.
II Section 7. Specific authority is hereby given to codify this Ordinance.
I
I Section 8. This ordinance, after adoption, shall be filed with the Oerk of the
I
Circuit Court of Palm Beach County, Rorida.
FIRST READING this 6 day of ...?~A'/~
. 1999.
SECOND, FINAL READING and PASSAGE this .?t'?7 day of #~/l/t.. , 1999.
Commissioner
,
W,llU
Commissioner
ATTEST:
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Tract 51 of the SUBDIVISION OF" SOlrrHEAST % 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.
Tract 52 of the SUBDIVISION OF SOUTHEAST % of SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EASTs according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Paim
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
thereat, and LESS that portion thereof lying within the Lake Worth Drainage District 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. a, according to the Plat recorded in Plat
Book 5, Page 73, of the Public Records of P~lm Beach County, Florida; same portion of said Canal L-24
right-of way lying within Tract 52 of the Subdivision of Southeast % of Section 19, Township 45s 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 52 of the Subdivision of SE % of Section 19, Townsbip 45,
oRange 43, according to the Plat recorded in Plat Book 7, Page 19, of the Public Records at Palm Beach
County, Florida.
Together with the right-at-way ot Knuth Road lying West. and adjacent to the afore described Tracts 51
and 52.
~ "All
dJAZJ. ~99-//
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: ~.l
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 6, 1999
The date for the workshop meeting was set for Friday, April. 9th at 6:30 p.m. in Commission
Chambers. (On Wednesday, the location of the meeting was changed to Conference Room
"C".)
XI. LEGAL:
A. Ordinances - 2nd Reading - PUBUC HEARING
None
B. Ordinances - 1st Reading
At Mayor Broening's request, Attorney Cherof explained the annexation process with respect to
the Ordinances.
1. Proposed Ordinance No. 099-08 Re: Regarding the application of
Wal-Mart Stores East, Inc., amending Ordinance 91-70 by rezoning a
certain tract of land (consisting of 32.37 acres) from AG (Agricultural) to
C-3 (Community Commercial)
Attorney Cherof read Proposed Ordinance No. 099-08 by title only. .
Motion
Vice Mayor lillman moved to approve Proposed Ordinance No. 099-08. Commissioner
Denahan seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
(Commissioner Sherman was away from the dais.)
2. Proposed Ordinance No. 099-09 Re: Regarding the application of
Wal-Mart Stores East, Inc., amending Ordinance 91-70 by rezoning a
certain tract of land from AR (Agricultural Residential) to C-3 (Community
Commercial)
Attorney Cherof read Proposed Ordinance No. 099-09 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 099-09. 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.)
3. Proposed Ordinance No. 099-10 Re: Regarding 9.64 acres of land
owned by Wal-Mart Stores East, Inc.; amending Ordinance 89-38 by
amending the Future land Use Element of the Comprehensive Plan of the
City by changing the land use designation from C-H (Commercial High) in
Palm Beach County to Local Retail Commercial
18
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 6, 1999
Vice Mayor Tillman requested that the City Attorney work with the H an Resources Manager
to develop criteria that could be used to select a City Manager. The ommissioners can review
the criteria at a future meeting. Vice Mayor Tillman said e was appalled that the
Commissioners want to require the establishment of criteria and c nduct a national search. The
City got to this point from hard work, dedication and commi ment. There are five or six
projects in the ground and ot rs that are going out to bid. ynton Beach is in the take-off
position. It is critical to maintai personnel who know what is oing on and want to get the job
done. Bringing in a new person ill require a training period f two years. This will slow down
our forward movement. He ques 'oned what that will do Visions 20/20. The City knows
where it wants to go and the person to do the job is availa e. He asked the Commissioners to
consider the ramifications of delaying his decision. Mr. awkins is a man who can keep the
City on track. There is no need to revie criteria or do search. He urged the Commissioners
to do the right thing.
Commissioner Weiland said he would like to ire s eone from within, and Wilfred Hawkins
may be that person. However, as a newly ele d mmissioner, he was told he would receive
a candidate's package regarding the process for ring a new City Manager. He still has not
seen that package, and yet there is an yrgency evenmg to appoint a City Manager. Three
of the candidates covered the City thoroughly w' h rassroots politicking. He wants to ensure
that the Commission covers this issue ~oroug y to ake sure the right person is selected for,
th.e position. Wilfred Hawkins may' be. that person, ut the Commission has not had the
'opportunity to look outside. The workshop i critical. C missioner Weiland does not want to
spend a great deal of money to get.tliis don and wants to ee the pfocess completed quickly.
Mayor Broening feels workshops are fine d provide a sense what the community would like - .
to see. However, the fact is that the mmissioners are the nes who have been entrusted
with the responsibility of selecting the ty Manager. The Comm' sioners must be comfortable
that the selection is the correct on. Mayor Broening has no reservations about Wilfred
Hawkins and believes he fits the bill. e ideal situation would be tti t all Commissioners would
agree on the choice. Mayor Broeni g is not willing to wait three m ths. He wants a quick
process and will go for the first sup r-majority that becomes obvious. .
Mr. Hawkins said staff is ready to present a process to the Commission an would provide that
information tomorrow. He woul be glad to provide recommendations on ho to move forward
during a workshop meeting. taff will also provide a profile of what to I k for in a City
Manager for this City. This i formation had not been provided up to this po t because the
Commission had not yet raise the issue.
Motion
Vice Mayor Tillman withdre
Commissioner Denaha oved to set a date for a formal workshop. Commissioner'Weiland
seconded the motion that carried unanimously.
17
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 6, 1999
Attorney Cheraf read Proposed Ordinance No. 099-10 by title only.
Motion
Commissioner Denahan moved to approve Proposed Ordinance No. 099-10. Vice Mayor
Tillman seconded the motion. City Clerk Sue Kruse polled the vote. The vote was 4-0.
(Commissioner Sherman was away from the dais.)
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
corner 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
Attorney Cherat read Proposed Ordinance No. 099-11 by title only.
(Commissioner Sherman returned to the dais.)
Motion
Vice Mayor Tillman moved to approve Proposed Ordinance No. 099-11. Commissioner
Denahan seconded the motion. City Clerk Sue Kruse polled the vote.
When Comr.1issioner Sherman abstained, Attorney Cherof explained that he could only abstain it
he had a monetary conflict of interest.
The vote was unanimous.
C. Resolutions:
. . None
D. Other:
1. Set Executive Session to Discuss Pending Utigation
Attorney Cherof recommended that the Commission set an Executive Session to discuss the
following lawsuit:
Case #CL98007926AJ - Pending In Palm Beach County Circuit Court
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
19
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'!. .,'
MEETING MINUTES
REGULAR CITY COMMISSION
BOYNTON BEACH, FLORIDA
APRIL 6,1999
Consensus '. .
There was a consensus of the Commission to conduct the Executive Session at the conclusion
of the April 20th Regular City Commission Meeting.
2. Police Pension Matters
Attorney Cherof advised that there has been a recommendation by the Police Officers' Pension
Board that the multiplier for the pension be increased from 2.5% to 3%. The actuary for the
Police Officers' Pension Board performed an actuarial study. Attorney Cherof recommended
that an actuarial study be performed prior to amending that provision of the pension Ordinance.
If the Commissioners' so desired, they could accept the study performed by the board's
actuary; however, he recommended an indepel"!dent study. Therefore, if the Commission
wished to consider this request, Attorney Cherof recommended the following:
1. Direction to the City Attorney to prepare the appropriate Ordinance; and
2. Direction to the City Manager to order the appropriate actuarial study.
Motion
Commissioner Denahan moved to recommend an independent actuarial study. Commissioner
Weiland seconded the motion that carried unanimously.
Mr. Hawkins advised that staff is ready to proceed with finding an independent firm to supply
an actuarial study for not more than $10,000.
XII. UNFINISHED BUSINESS:
A. Consideration of Education Advisory Board recommendation to initiate a Student
Musical Presentation at the start of City Commission meetings
Motion
Commissioner Denahan moved approval. Commissioner Weiland seconded the motion.
Vice Mayor Tillman expressed his opinion that this proposal is not feasible and is not the nature
of City Commission business.
Commissioner Denahan disagreed and felt this would be presenting our youth in a poSitive
image.
Commissioner Weiland agreed and felt this would be a good way to kick off being an AII-
American City.
20
DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ #99-021
TO:
Sue Kruse
City Clerk
FROM:
('r,u~/
Michael W. Rumpf
Acting Planning and Zoning Manager
DATE:
February 1, 1999
RE:
Wal Mart (LUAR 99-001) and (ANNX 99-001)
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.
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.
MWR:bme
xc: Central File
Attachments
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Wal Mart\LUAR\legalnot.doc
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
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.
ORIGINATOR: Plannina and Zonina
PREPARED BY: Michael Rumpf
DATE PREPARED: February 1. 1999
BRIEF DESCRIPTION OF NOTICE OR AD: Wal Mart Property Annexation. Land Use
Amendment and Rezonina - Northeast corner of Knuth Road and Bovnton Beach Boulevard.
INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black
Border, etc.)
Standard Leaal Ad for Plannina and Development Board meetina on March 8. 1999 at 7:00 p.m.
and City Commission meetina of March 16. 1999 at 7:00 p.m.
SEND COPIES OF AD TO: Newspaper (February 26. 19991. adioinina property owners (bv
February 5.1999). applicant and Plannina and Zonina Manaaer.
NEWSPAPER(S) TO PUBLISH: The Post
DATE(S) TO BE PUBLISHED: February 26. 1999 and March 8.1999
LAST DATE TO FAX TO NEWSPAPER: February 24.1999
APPROVED BY:
(1) 7LG ''L-
(Originator)
,-;2 (2/PF
(Date) .
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK:
COMPLETED:
J:\SHRDA T A\Planning\SHARED\WP\PROJECTS\Wal Mart\LUAR\legalnoldoc
~.
NOTICE OF ANNEXATION
NOTICE OF LAND USE CHANGE
NOTICE OF ZONING CHANGE
NOTICE OF PUBLIC HEARING
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-Horn 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 corner of Knuth Road and Boynton Beach Boulevard.
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.
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.
LEGAL DESCRIPTION:
PROPERTY TO BE REZONED ONLY lAG TO C-3l
That portion of the following property lying West of WINCHESTER PARK BOULEVARD:
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.
TOGETHER WITH:
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
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.
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 '!Iz of S '!Iz of W '!Iz 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:
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
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;
Page 2
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 % 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:
Tract 47, Less the North 20 feet thereof for road Right-of-Way, 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.
TOGETHER WITH:
The West 89.90 feet of the following described parcel:
A portion of Tract 42 of the SUBDIVISION OF SOUTHEAST % 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:
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.
TOGETHER WITH:
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 % 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:
BEGIN at the Northwest corner of Tract 42, as shown on 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; 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.
Page 3
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.
AND
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.
PROPERTY TO BE ANNEXED, RECLASSIFIED, AND REZONED (CH TO LRC AND AR TO C-3l
Tract 51 of the SUBDIVISION OF SOUTHEAST X 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.
Tract 52 of the SUBDIVISION OF SOUTHEAST X 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 X of the Southwest X of the
Southeast X 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.
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.
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
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