LEGAL APPROVAL
ORDINANCE NO. 092- /1
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING TijE _1-1ALL SOUTH PROPERTIES
( EAST AND WEST SIDE OF WINCHESTER
BOULEVARD, BETWEEN OLD BOYNTON ROAD AND
BOYNTON BEACH BOULEVARD) AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONI~G
CERTAIN PARCELS OF LAND MORE
PARTICULARLY DESCRIBED HEREIN, FROM
COUNTY~(AGRICULTURAL RESIDENTIAL)~
~ (COMMUNITY COMMERCIAL) AND AG
(AGRICULTURE); AMENDING THE REVISED
ZONING MAP ACCORDINGLY; PROVIDING A
~ONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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, the City Commission of the City of Boynton Beach,
Florida, is simultaneously herewith adopting an Ordinance
annexing certain parcels of land more particularly described
herein into the City limits of said City; and
WHEREAS, Kieran J. Kilday/Kilday & Associates, agents for
Winchester, Winchester, Zieher, & Schroeder, a Florida General
, i
Partnership, Ernest Klatt, Bill R. Winchester, and Elsie A.,
Winchester owner of the following property, 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 certain
parcels of land consisting of approximately 50.94 acres located
wi thin the municipal limits of said City, said property being
more particularly described hereinafter, from AR (Agricultural
Residential) to C-3 (Community Commercial) and AG (Agriculture),
which requests that 50.94 acres of property be removed from the
boundaries of the AR to allow for the processing of the rezoning
application;
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:
,I
: I
'-' ~
Section 1: The f9110wing described lands, located in the
City of Boynton Beach, Florida, to-wit:
A)
A parcel of land lying in Section 19 and
30, of Township 45 South, Range 43
East. Said parcel being a portion of
Lots 42-45-46-47-49 and 50 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
and a portion of Lots A & B, Block 4 and
5, lying north of State Road 804 as
recorded in Plat of Palm Beach Farms
Company Plat No. 8 in Plat Book 5, Page
73 of the Public Records of Palm Beach
County, Florida.
Said parcel being more fully described
as follows:
Conunencing at the Southeast corner of
Section 19, Township 45 South, Range 43
East; Thence with a bearing of South 87
32' 47" West. Along the south line of
Section 19, a distance of 1095.70 feet
to the point of beginning: Thence with
a bearing of south 118' 43" East. A
distance of 191.53 feet to a point:
Thence with a bearing of South 43 07'
02" West. A distance of 35.00 feet to a
point on the North right-of-way line of
New Boynton Road (S.R. 804). Thence
with a bearing of South 87 32' 47" West.
Along the North right-of-way line of
Boynton Road. A distance of 510.27
feet: Thence with a bearing of North 01
10' 38" West. A distance of 216.05 feet
to a point: Thence with a bearing of
South 87 32' 47" West. A distance of
334.88 feet: Thence North 0 57' 44"
West. A distance of 661.80 feet:
Thence South 87 35' 13" West. A
distance of 327.71 feet: Thence with a
bearing of North 01 01' 32" West. A
distance of 612.58 feet to appoint on the
South right-of-way line of Old Boynton
Road: Thence with a bearing of North 89
50' 22" east. Along a line lying 40.00
feet south of and parallel to the
centerline of Old Boynton Road, a
distance of 965.32 feet: Thence with a
bearing of South 01 00' 33" East. A
distance of 253.01 feet: Thence with a
bearing of North 88 09' 11" East. A
distance of 337.55 feet, to a point on
the West right-of-way of the Mall Road:
Thence with a bearing of South 1 06' 06"
East, along the West right-of-way line
of the Mall Road. A distance of 7.83
feet to a point: Thence with a curve to
the left having a radius of 2041.31
feet. A central angle of 9 05' 31". An
arc length of 456.22 feet to a point of
reverse curve: Thence with a curve to
the left having a radius of 2301':99
feet, a central angle of 13 01' 36", and
an arc length of 523.38 feet to a point:
Thence with a bearing of South 1 18' 43"
East, a distance of 2.15 feet more or
less to the point of beginning.
Containing 32.~31 acres more or less and
subject to easements and rights-of-way
of record.
be and the same is hereby rezoned from AR (County
Agricultural Residential to AG (Agriculture).
B)
A parcel of land lying in Section 19 and
30, 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
and a portion of Lots A & B, Block 4 and
5, lying north of State Road 804 as
recorded in Plat of Palm Beach Farms
Company Plat No. 8 in Plat Book 5, Page
73 of the Public Records of Palm Beach
County, Florida.
Conunencing at the Southeast corner of
Section 19, Township 45 South, Range 43
East. Thence with a bearing of South 87
32' 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 01 22' 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 87 32' 47" West. A
distance of 390.00 feet: Thence South
68 03' 48" West. A distance of 571.09
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 06 37' 56" East: A
radius of 2193.99 feet. A central angle
of 10 09' 54" and an arc length of
389.24 feet: Thence with a reverse
curve to the left having a chord bearing
of North 05 16' 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 1 06' 06" West.
Along the East right-of-way of
Winchester Park Blvd., a distance of
223.72 feet: Thence North 44 22' 08"
East. A distance of 35.64 feet, to a
point on the South right-of-way line of
Old Boynton Road: Thence with a bearing
of North 89 50' 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
Congress Avenue: Thence with a bearing
of South 1 22' 43" East along the West
right-of-way line of Congress Avenue. A
distance of 860.95 feet more or less to
the point of beginning.
Together with the following parcel:
The South 25.0 feet of the following
described parcel: Conunencing at the
Southeast corner of Section 19, Township
....
~
45 South, Range 43 East. Thence, with a
bearing of South 87 32' 47" West along
the South line of Section 19. A
distance of 793.74 feet to a point.
Said point being the point of beginning:
Thence South 01 18' 43: East. A
distance of 25.0 feet: Thence South 87
32' 47" West. Along a line 25.0 feet
South of and parallel with the South
line of Section 19. A distance of
193.94 feet to a point on the East
right-of-way line of Winchester Park
Blvd.: Thence North 01 18' 43" west
along the East right-of-way line of
Winchester Park Blvd. a distance of 25.0
,feet: Thence with a curve to the right
along said east right-of-way line having
a chord bearing of North 00 59" 06"
West. A radius of 2193.99 feet. A
central angle of 00 39' 11" and an arc
length of 25.01 feet: Thence North 87
32' 47" East. A distance of 193.80
feet: Thence South 87 32' 47" West. A
distance of 25.0 feet more or less to
the point of beginning.
Containing 18.63 acres more or less and
subject to easements and rights-of-way
of record.
be and the same is hereby rezoned from AR (County
Agricultural
Residential
to
C-3
(Community
Commercial). A location map is attached hereto as
I
. i Exhibi t " A" and made a part of this Ordinance by
reference.
Section 2: That the aforesaid Revised Zoning
Map of the City shall be amended accordingly.
Section 3 :
All ordinances or parts of
ordinances in conf lict herewi th are hereby
repealed.
,I
Section 4: Should any section or provision
of this Ordinance or any portion thereof be
declared by a court of competent jurisdiction to
: i be invalid, such decision shall not affect the
remainder of this Ordinance.
Section 5 :
This Ordinance shall become
effective immediately upon its final passage.
FIRST
READING
this
1
day
of
7' ,
fL('-:..r
, 1992.
SECOND, FINAL READING and PASSAGE this ~
day of ~
{I
, 1992.
,~
ATTEST;
'~:k~M "
(Corporate Seal)
REZMS.ORD
3-13-92
CITY OF BOYNTON BEACH, FLORIDA
~W~
Mayor
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ORDINANCE #092-14, 092-15
, 092-16, 092-17
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ORDINANCE NO. 092- I~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE TEXT OF THE SUPPORT
-oOCUMENTS OF THE TRAFFIC CIRCULATION
ELEMENT OF THE COMPREHENSIVE PLAN IN
_.
~CONNECTION WITH THE MALL SOUTH PROPOSAL;
SAID TEXT AMENDMENT WILL ALLOW ADOITtON
OF WINCHESTER BOULEVARD TO TRAFFIC
CIRCULATION SUPPORT DOCUMENT; PROVIDING
A CONFLICTS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AUTHORITY
FOR CODIFI CATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Plan and as part
of said Plan a Traffic Circulation Element by Ordinance
89-38 in accordance with the Local Government Comprehensive
Planning Act; and
WHEREAS, Figure 17 and Figure 18 of the Support
Document of the Traffic Circulation Element excludes
, ,
i
Winchester Park Boulevard, and
I
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, !
WHEREAS, Kieran J. Kilday/Kilday & Associates, agent
ii
, i
I
for Bill R. Winchester have applied to amend a portion of
i,
the Support Document of the Traffic Circulation Element for
the purpose of adding Winchester Park Boulevard to aforesaid
Support Document; and
WHEREAS , the procedure for amendment of the
Comprehensive Plan as set forth in Chapter 163, Florida
; :
Statutes, has been followed; and
i WHEREAS , after public hearing and study, the City
I
Commission deems it in the best interest of the inhabitants
of said City to amend the text of the aforesaid Support
Documents of
the Future Land Use 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:
The aforesaid Support Document is hereby
amended to include Winchester Park Boulevard as a "Four Lane
Divided" roadway within Figure 17 (2010 Roadway DesJ.gn
Types), and as a "City Collector" wi thin Fig'..lre 18 (Future
Functional Classification).
Figure 17 and Figure 18 are
,.,
...
attached hereto as Exhibit" A" and made a part of this
i .
Ordinance by reference.
Section 2: That all ordinances or parts of ordinances
in conflict herewith be and the same are hereby repealed.
Section 3:
Should any section or provision of this
ordinance or portion hereof, any paragraph, sentence, or
work be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of
this Ordinance.
Section 4: Authority is hereby granted to codify said
ordinance.
Section 5:
This Ordinance shall become effective
i
: i
,I
immediately upon its final passage.
FIRST READING this (9 day of f n<:_~
SECOND, FINAL READING and PASSAGE this ~
, 1992.
day of
~
(/
, 1992.
CITY OF BOYNTON BEACH, FLORIDA
~~ .
Maor ~
~~~
Vice yor
ATTEST:
~~~~~
Ci Clerk
(Corporate Seal)
A:TEXTMALL.ORD 3/18/92
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N. T. S.
May, 1989
SOURCE: Walter H, Keller Jr" Inc.
BOYNTON BEACH CfNJREHENSIVE PLAN
FIGURE 17 - 2010 ROADWAY DESIGN TYPES (REVISED)
I
MAL TEA H. K81.EH JR.. INe.
CoMlIltJ111 ~il1"rs G PJiIII1ers
C'Dr~J S/JrifllS, Floridl
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LE'END
&
N. T. S.
May, 1989
SP -.rTA TE FR11It:JPAl. NIIERIN..$
SIt - STA TE Jt1NfJ/I NITERlAl.S
1:1I - t:aNfY II1NlJR NITER1AU
<< - t:aNfY t:a.LEtmIII
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/IDlE: IIMRKED JDfDIIA J7 ""T
at STATE &USS/FJCATJai
SOURCE: Walter H, Keller Jr,. Inc,
BOYNTON BEACH CONPREJENSIVE PLAN
FISURE 18 - FUTURE FUNCTIONAL CLASSIFICATION (REVISED)
MAL TEA H. KB.lEH ~.. IHC.
t:rJMuJtilll DIIil1Hl'$ I Plll1l1ef'$
CDr.l $rings, Florid'
-61-
ORDrnANCE *09
2-14, 092-15, 092-16, 092-17
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PRo~,t. 1't (,Q#J 1"'f/.DL,. ~~ ~
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ORDINANCE NO. 092- I~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE MALL SOUTH PROPERTIES
( EAST AND WEST SIDE OF WINCHESTER
BOULEVARD, BETWEEN OLD BOYNTON ROAD AND
BOYNTON BEACH BOULEVARD) AMENDING
ORDINANCE 89-38 OF SAID CITY BY AMENDI~
THE T.lUITD nSE ELEMENT _ OF THE
COMPREHENSIVE PLAN OF THE CITY BY
ADOPTING THE PROPER LAND USE OF CERTAIN
PROPERTY, MORE PARTICULARLY DESCRIBED
HEREINAFTER; SAID LAND DESIGNATION IS
BEING CHANGED FROM COUNTY CH/8
(COMMERCIAL HIGH) TO LOCAL RETAIL
COMMERCIAL; PROVIDING A SAVINGS CLAUSE;
PROVIDING REPEALING PROVISIONS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,.
Florida has adopted a Comprehensive Land Use Plan and as part of:
said Plan a Land Use Element by Ordinance No. 89-38 in accordance
with the Local Government Comprehensive Planning Act; and
WHEREAS, certain parcels of land more particularly described
hereinafter is being annexed in accordance with the application
by Kieran J. Kilday IKilday & Associates, agents for Wichester,
Winchester, Zieher & Schroeder, a Florida General Partnership,
Ernest Klatt, Bill R. Winchester, and Elsie A. Winchester owners
of the following property, into the City by Ordinance being
adopted simultaneously herewith; and
WHEREAS, the procedure for amendment of a 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 Land Use 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 Land Use of the following described land shall be
designated as Commercial Local Retail.
Said land is more
particularly described as follows:
...,
...,
j i
!
A parcel of land lying in Section 19 and
30, of Township 45 South, Range 43
East. Said parcel being a portion of
Lots 39 to 47, and Lots 49 and 50 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
and a portion of Lots A & B, Block 4 and
5, lying north of State Road 804 as
recorded in Plat of Palm Beach Farms
Company Plat No. 8 in Plat Book 5, Page
73 of the Public Records of Palm Beach
County, Florida.
Said parcel being more fully described
as follows:
I
I,
;1
I'
Commencing at the Southeast corner of
Section 19, Township 45 South, Range 43
East; Thence with a bearing of South 87
32' 47" West. Along the south line of
Section 19, a distance of 1095.70 feet
to the point of beginning: Thence with
a bearing of south 118' 43" East. A
distance of 191.53 feet to a point:
Thence with a bearing of South 43 07'
02" West. A distance of 35.00 feet to a
point on the North right-of-way line of
New Boynton Road (S. R. 804) . Thence
with a bearing of South 87 32' 47" West.
Along the North right-of-way line of
Boynton Road. A distance of 510.27
feet: Thence with a bearing of North 01
10' 38" West. A distance of 216.05 feet
to a point: Thence with a bearing of
South 87 32' 47" West. A distance of
334.88 feet: Thence North 0 57' 44"
West. A distance of 661. 80 feet:
Thence South 87 35' 13" West. A
distance of 327.71 feet: Thence with a
bearing of North 01 01' 32" West. A
distance of 612.58 feet to appoint on
the South right-of-way line of Old
Boynton Road: Thence with a bearing of
North 89 50' 22" east. Along a line
lying 40.00 feet south of and parallel
to the centerline of Old Boynton Road, a
distance of 965.32 feet: Thence with a
bearing of South 01 00' 33" East. A
distance of 253.01 feet: Thence with a
bearing of North 88 09' 11" East. A
distance of 337.55 feet, to a point on
th West right-of-way of the Mall Road:
Thence with a bearing of South 1 06' 06"
East, along the West right-of-way line
of the Mall Road. A distance of 7.83
feet to a point: Thence with a curve to
the left having a radius of 2041.31
feet. A central angle of 9 05' 31". An
arc length of 456.22 feet to a point of
reverse curve: Thence with a curve to
the left having a radius of 2301.99
feet, a central angle of 13 01' 36", and
an arc length of 523.38 feet to a point:
Thence with a bearing of South 1 18' 43"
East, a distance of 2.15 feet more or
less to the point of beginning.
Together with the following parcel:
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Commencing at. the Southeast corner of
Section 19, Township 45 South, Range 43
East. Thence with a bearing of South 87
32' 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 01 22' 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 87 32' 47" West. A
distance of 390.00 feet: Thence South
68 03' 48" West. A distance of 571.09
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 Bl vd. Having a chord
bearing of North 06 37' 56" East: A
radius of 2193.99 feet. A central angle
of 10 09' 54" and an arc length of
389.24 feet: Thence with a reverse
curve to the left having a chord bearing
of North 05 16' 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 1 06' 06" West.
Along the East right-of-way of
Winchester Park Blvd., a distance of
223.72 feet: Thence North 44 22' 08"
East. A distance of 35.64 feet, to a
point on the South right-of-way line of
Old Boynton Road: Thence with a bearing
of North 89 50 ' 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
Congress Avenue: Thence with a bearing
of South 1 22' 43" East along the West
right-of-way line of Congress Avenue. A
distance of 860.95 feet more or less to
the point of beginning.
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Together with the following parcel:
The South 25.0 feet of the following
described parcel: Commencing at the
Southeast corner of Section 19, Township
45 South, Range 43 East. Thence, with a
bearing of South 87 32' 47" West along
the South line of Section 19. A
distance of 793.74 feet to a point.
Said point being the point of beginning:
Thence South 01 18' 43: East. A
distance of 25.0 feet: Thence South 87
32' 47" West. Along a line 25.0 feet
South of and parallel with the South
line of Section 19. A distance of
193.94 feet to a point on the East
right-of-way line of Winchester Park
Blvd. : Thence North 01 18' 43" west
along the East right-of-way line of
Winchester Park Blvd. a distance of 25.0
feet: Thence with a curve to the right
along said east right-of-way line having
a chord bearing of North 00 59" 06"
West. A radius of 2193.99 feet. . A
central angle of 00 39' 11" and an arc
length of 25.01 feet: Thence North 87
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32' 47" East.. A distance of 193.80
feet: Thence South 87 32' 47" West. A
distance of 25.0 feet more or less to
the point of beginning.
Containing 50.94 acres more or less and
subject to easements and rights-of-way
of record.
Section 2: Tha t any maps adopted in accordance with
the Land Use Element of said Comprehensive Plan shall be
amended accordingly.
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 its final passage.
FIRST READING this I J day of I) 1-(1 d
SECOND, FINAL READING and PASSAGE this 'O?
1 1992.
day of
r
1 1992.
CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
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(Corporate Seal)
A: LUAMS . ORD
3/16/92
ORDINANCE #09
2-14, 092-15, 092-16, 092-17
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ORDINANCE NO. 092 - I tf
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE MALL SOUTH APPLICATION
( EAST AND WEST SIDE OF WINCHESTER
BOULEVARD, BETWEEN OLD BOYNTON ROAD AND
~;BOYNTON BEACH BOULEVARD) ANNEXING
CERTAIN UNINCORPORATED TRACTS OF LAND
THAT ARE CONTIGUOUS TO THE CITY LIMITS
f WITHIN PALM BEACH COUNTY AND THAT WILL,
"#, -: UPON ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY,
PURSUANT TO A PETITION OF THE OWNER OF
SAID TRACT OF LAND, REQUESTING
ANNEXATION PURSUANT TO ARTICLE I,
SECTION 7 ( 32) OF THE CHARTER OF THE
CITY 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; REPEALING ALL
ORDINANCES AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR ADVERTISING;
PROVIDING FOR AUTHORITY TO CODIFY;
PROVIDING THAT THIS ORDINANCE SHALL BE
FILED WITH THE CLERK OF THE CIRCUIT
COURT OF PALM BEACH COUNTY, FLORIDA,
UPON ADOPTION AND PROVIDING AN EFFECTIVE
DATE.
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WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc.,
agents for Winchester, Winchester, Zieher & Schroeder, A
Florida General Partnership,
Ernest Klatt,
Bill R.
Winchester, Elsie A. Winchester the owners of the following
tracts of land hereinafter described, has filed a Petition
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for Annexation to the City of Boynton Beach, Florida,
directed' to the City Commission pursuant to Article I ,
Section 7 ( 32) of the Charter of the city and Section
171.044, and 171.062(2), Florida Statutes; and
WHEREAS, said tracts of land lying and being within
Palm Beach County are contiguous to the existing City limits
of the City of Boynton Beach, Florida and will, upon
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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:
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Section 1:
Pursuant to Article I, Section 7 (32) of
the Charter of the City of Boynton Beach, Florida and
Section 171.044, and 171.062(2), Florida Statutes, the
following described unincorporated and contiguous tracts of
land situated and lying and being in the County of Palm
Beach, Florida, to wit:
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A parcel of land lying in Section 19 and
30, of Township 45 South, Range 43
East. Said parcel being a portion of
Lots 39 to 47, and Lots 49 and 50 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
and a portion of Lots A & B, Block 4 and
5, lying north of State Road 804 as
recorded in Plat of Palm Beach Farms
Company Plat No. 8 in Plat Book 5, Page
73 of the Public Records of Palm Beach
County, Florida.
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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 87
32' 47" West. Along the south line of
Section 19, a distance of 1095.70 feet
to the point of beginning: Thence with
a bearing of .south 118' 43" East. A
distance of 191.53 feet to a point:
Thence with a bearing of South 43 07'
02" West. A distance of 35.00 feet to a
point on the North right-of-way line of
New Boynton Road (S.R. 804). Thence
with a bearing of South 87 32' 47" West.
Along the North right-of-way line of
Boynton Road. A distance of 510.27
feet: Thence with a bearing of North 01
10' 38" West. A distance of 216.05 feet
to a point: Thence with a bearing of
South 87 32' 47" West. A distance of
334.88 feet: Thence North 0 57' 44"
West. A distance of 661.80 feet:
Thence South 87 35' 13" West. A
distance of 327.71 feet: Thence with a
bearing of North 01 01' 32" West. A
distance of 612.58 feet to appoint on
the South right-of-way line of Old
Boynton Road: Thence with a bearing of
North 89 50' 22" east. Along a line
lying 40.00 feet south of and parallel
to the centerline of Old Boynton Road, a
distance of 965.32 feet: Thence with a
bearing of South 01 00' 33" East. A
distance of 253.01 feet: Thence with a
bearing of North 88 09' 11" East. A
distance of 337.55 feet, to a point on
th West right-of-way of the Mall Road:
Thence with a bearing of South 1 06' 06"
East, along the West right-of-way line
of the Mall Road. A distance of 7.83
feet to a point: Thence with a curve to
the left having a radius of 2041.31
feet. A central angle of 9 05' 31". An
arc length of 456.22 feet to a point of
"
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reverse curve: Thence with a curve to
the left having a radius of 2301.99
feet, a central angle of 13 01' 36", and
an arc length of 523.38 feet to a point:
Thence with a bearing of South 1 18' 43"
East, a distance of 2.15 feet more or
less to the point of beginning.
Together with the following parcel:
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Commencing a t the Southeast corner of
Section 19, Township 45 South, Range 43
East. Thence with a bearing of South 87
32' 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 01 22' 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 87 32' 47" West. A
distance of 390.00 feet: Thence South
68 03' 48" West. A distance of 571.09
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 06 37' 56" East: A
radius of 2193.99 feet. A central angle
of 10 09' 54" and an arc length of
389.24 feet: Thence with a reverse
curve to the left having a chord bearing
of North 05 16' 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 1 06' 06" West.
Along the East right-of-way of
Winchester Park Blvd., a distance of
223.72 feet: Thence North 44 22' 08"
East. A distance of 35.64 feet, to a
point on the South right-of-way line of
Old Boynton Road: Thence with a bearing
of North 89 50' 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
Congress Avenue: Thence with a bearing
of South 1 22' 43" East along the West
right-of-way line of Congress Avenue. A
distance of 860.95 feet more or less to
the point of beginning.
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Together with the following parcel:
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The South 25.0 feet of the following
described parcel: Commencing at the
Southeast corner of Section 19, Township
45 South, Range 43 East. Thence, with a
bearing of South 87 32' 47" West along
the South line of Section 19. A
distance of 793.74 feet to a point.
Said point being the point of beginning:
Thence South 01 18' 43: East. A
distance of 25.0 feet: Thence South 87
32' 47" West. Along a line 25.0 feet
South of and parallel with the South
line of Section 19. A distance of
193.94 feet to a point on the East
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right-of-way line of Winchester Park
Blvd. : Thence North 01 18' 43" west
along the East right-of-way line of
Winchester Park Blvd. a distance of 25.0
feet: Thence with a curve to the right
along said east right-of-way line having
a chord bearing of North 00 59" 06"
West. A radius of 2193.99 feet. A
central angle of 00 39' 11" and an arc
length of 25.01 feet: Thence North 87
32' 47" East. A distance of 193.80
feet: Thence South 87 32' 47" West. A
distance of 25.0 feet more or less to
the point of beginning.
Containing 50.94 acres more or less and
subject to easements and rights-of-way
of record.
is hereby annexed to the City of Boynton Beach, Florida, 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 Ordinance 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
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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
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:: not affect the remainder of this Ordinance.
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Section 6:
This Ordinance shall become effective
immediately upon its final passage.
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Section 7 :
Specific authority is hereby given to
codify this Ordinance.
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section 8: This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this / 'l day of Ole! d
SECOND, FINAL READING and PASSAGE this c::::<
--
VUN'I!!' , 1992.
, 1992.
day of
II
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CITY OF BOYNTON BEACH, FLORIDA
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ATTEST:
~~~~-'" -
Ci Clerk
(Corporate Seal)
A: ANNEXMS .ORn
3/16/92
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ORDINANCE #092
-14, 092-15, 092-16, 092-17
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OO_'f>,'t5,lQ"-ot;- o'f,-ClotD
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N0{ICE OF ANNEXATIO,~
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June 2, 1992 at 7:00
_BACH
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HALL SOUTH
LEGAL:
Bill R. Winchester
Kieran J. Kilday/Kilday & Associates
Mall South
A 50.94-acre portion of the unincorporated enclave
located between Old Boynton Rd. and Boynton Beach
Blvd., west of Congress Avenue.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Flor1da
PETITIONER:
AGENT:
PROJECT NAME:
LOCATION:
REQUEST:
ANNEXATION: Ordinance No. 92-14 (Proposed)
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING WILL NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
CITY OF OOYNION BFAOI
SUZANNE M. KRUSE
CITY CLERK
PUBLISH: OOYNroN BFAOi NEWS
May 22 & 29, 1992
c: City Manager, City Commission, City Attorney, Files
NOTICE OF
MUNICIPAL ANNEXATION
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FROM: City of Boynton Beach.
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Florida
lease be advised by this notification and attached location map, that
!rtain lands have been annexed by BOYNTON BEACH, Florida. Information
-~ntained herein is pertinent to the area in question. If additional
material is required, please contact the office of:
THE CITY PLANNER. WINaIES'I'.ER, WINaiESTER, ZIEHER & SCHROEDER, A FIDRIDA
GENERAL PA..l:{['NERSHIP. ERNEST KIATT, BIIJ:, R. WINaIESTER,
Name of Development/OWner: F.r~~IE WINCHESTER
Ordinance # OQ2-14 or
,",
.lTlNF. 2. 19Q2
Special Act of State Legislature: Bill #
Effective Date:
Area of Subject Property: 2,218,946.4
Sq. Ft.
50.94
Acres
Estimated Present Population:
Estimated Number of Existing Dwelling Units:
o
o
Estimated Present Residential Density: 0 d.u.'s/acre
acres)
,~oning: AGRICTIIJIlJRR (32.31 Density Allowed: 1 per 2.5 acres and N/A d.u. Is/acre
C-3 Camnmity Catlrercial (18.63 acres)
eisting Type of Development: UND~PED
NONE
Proposed Type of Development:
*OWner or Petitioner
*County Commissioners
*County Planning, B1dg, Zoning
All City Departments
All Utility Comp~nies
."Ir'
*Area Planning Board
*Countywide Planning Council
Chamber of Commerce
Bureau of Census
, *Clerk of County Circuit Court
to receive copy of ordinance
\
___Attachment Location Map
*County Tax Assessor
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*Secretary of State
*Supervisor of Registration
*State Beverage Department
*State Department of
Transportation
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NOTICE OF LANlJ' USE CHANGES'
NOTICE OF ZONING CHANGES
The City of Boynton Beach proposes to annex, change the use of land, amend the text within the Comprehens plan,
and rezone the areas shown on the map in this advertisement.
A public hearing on these proposals will be held before the City Commission on June 2, 1992, at 7:00 p.m., or as soon
thereafter as the agenda permits, at City Hallin the Commission Chambers, 100 East BoYl1ton Beach Boulevard, Boynton
Beach, Florida, '
ITEM'1 (APPLICATION '1)
City of Boynton Beach
A 2.03-acre block bounded by S.W, 2nd Ave,. S,W. 1st St., S,W, 3rd Ave., andS,W. 2nd Street,
, AMEND FUTURE LAND USE PLAN: ' . " . ,
From - Low Density Residential ' ' . ,
To - Medium Density Residential
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
ITEM #2, (APPLICATION '3)
City of Boynton Beach" '
Lots on S,E, 34th Ave., west of the F,E,C, tracks (2.06 acres)
AMEND FUTURE LAND USE PLAN:
ro'P.;~w l?ftnsit~Be$I~emlal......,r,_".....~...,."..,,~ ' " ',',y~,:"u;;,..., '1m:' :io.:.---...., "".r........." ..,'
"'" ~ ........UMDena "'''ilfdiMtlal....-''fl'..,..,,~~v,',,*'''_.~,'l.'''''~:' ",' . ..'
.' AMEND TEXT OF OMPREHENSIVE PLAN " '
Text Amendment on file in Planning Department
IT,EM'3 (APPLICATION '10)'-
City of Boynton Beach ;, '
Lots zoned R-1A on the south side of s,e, 14,Avenue, (1,17 acres)
AMEND FUTURE LAND USE PLAN:
From - Medium Density Residential
To - Low Density Residential
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
ITEM'4 (APPLICATION '13-A)
City of Boynton Beach ' .
A O.88-acreportion of the parcel on the northeast corner of Boynton Beach Blvd. and Old Boynton
Rd. '
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendmenton file In Planning Department
REZONE: .'. "
From - R-2 (Duplex Residential) .
To. Co1 (Office/Professional)
, ITEM IS (APPLICATION '18) .c', ...
City of Boynton Beach " ,
A portion of the Lakeside Gardens Subdivision, east side of North Federal Highway,
AMEND TEXT OF COMPREHENSIVE PLAN ONLY
Text Amendment on file In Planning Departmel1t
ITEM,. (APPLICATION 120)
Citv nf Rnvntnn BAA~h
APPLICANT: '
LOCATION:
REQUEST:
REQUEST:
APPLICANT:
LOCATION:
REQUEST:
APPLICANT:
lOCATION:
REQUEST: '
'REQUEST: .
, APPLICANT:
LOCATION:
REQUEST:
REQUEST:
APPLICANT:
LOCATION:
REQUEST:
APPLICANT,
u
ITEM '0
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WDD CANAL L-30
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o 1000 2000
, FEET
Jo~
5-92
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(Y76_/ I ~ 1971
.~.:.
REQUEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request
~o have a Legal Notice or Legal Advertisement Published and must
be submitted to the Office of the City Attorney 8 working days
prior to the first publishing date requested below.
ORIGINATING DEPARTMENT:
Pl~}'"''f\;~'J
PREPARED BY:
Michael W. Rumpf DATE PREPARED:
5-19-92
BRIEF DESCRIPTION OF NOTICE OR AD:
~nnpy~+inn in r.nnnp-ction
with Mall South applications
SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type
Size, Section Placement, Black Border, etc.)
THE AD MUST NOT OCCUpy LESS THAN ONE-QUARTER OF A STANDARD NEWSPAPER
PAGE. THE HEADLINES MUST BE NOT LESS THAN EIGHTEEN POINT LETTER
SIZE. PLACE AD IN "LOCAL NEWS" SECTION AND NOT IN THE CLASSIFIED OR
LEGAL SECTIONS. IF REDUCTION IS NECESSARY, REDUCE THE TEXT, BUT NOT
THE MAP. THE STREETNA~lliS, AND AFFECTED PROPERTIES, MUST REMAIN LEGIBL
SEND COPIES OF AD TO: NRW5pnpER PI~NNIN~ DEPT CITY ~TTORNEY
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NEWSPAPER(S) TO PUBLISH:
THE NEWS
DATE(S) TO BE
PUBLISHED:
May 22, 29, 1992
APPROVED BY: ~ .~ /
(1) ~Jti~~~~' y, lJ<<-jc&-1'''--
(Department Head) /
;;;-/;9/7-2.
(Date) I
( 2 )
(City Attorney)
(Date)
( J j
(City Manager)
(Date)
RECEIVED BY CITY CLERK:
COMPLET::O:
NOTICE OF ANNEXATION
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MALL SOUTH
LEGAL:
Bill R. Winchester
Kieran J. Kilday/Kilday & Associates
Mall South
A 50.94-acre portion of the unincorporated enclave
located between Old Boynton Rd, and Boynton Beach
Blvd., west of Congress Avenue.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida
PETITIONER:
AGENT:
PROJECT NAME:
LOCATION:
REQUEST:
ANNEXATION: Ordinance No. 92-14 (Proposed)
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD, ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION BY THE CITY COMMISSION WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING WILL NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
MEMORANDUM
TO:
Sue Kruse, city Clerk
FROM:
Michael Rumpf, Senior Planner
DATE:
April 24, 1992
RE:
Rezoning Notifications to Property Owners
Accompanying this memorandum you will find the property owner
notifications, tax maps, and listings of property owners that
correspond to three (3) proposed rezonings to be reviewed by the
city Commission in June.
Please note that only the Mall South rezoning has been requested
by a private applicant, the two (2) that remain - Water Treatment
Plant Expansion and Application 13-A - are City initiated.
Please provide the appropriate property owners with the
corresponding "NOTICE OF ZONING CHANGE" in order to inform them
of the upcoming public hearing before the City Commission on June
2, 1992.
1JU.k ~
Michaei Ru pf
cc: subject
lsuememo.doc
NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB LIe H EAR I N G S
~'~
The city of Boynton Beach proposes to rezone the property ~
indicated on the map below. A public hearing on this proposal~
will be held before the city Commission on June 2, 1992 at $:00
p.m., or as soon thereafter as the agenda permits. This public
hearing will be held in the City Commission Chambers in Boynton
Beach City Hall at 100 East Boynton Beach Boulevard, Boynton
Beacq, Florida.
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MALL SOUTH
LEGAL DESCRIPTION:
Bill R. Winchester
Kieran J. Kilday/Kilday & Associates
No use is currently proposed
A 50.94-acre portion of the unincorporated
enclave between Old Boynton Rd. and Boynton
Beach Blvd., west of Congress Avenue.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
PETITIONER:
AGENT:
PROPOSED USE:
LOCATION:
REQUEST:
REZONE:
From:
To:
AR Agricultural Residential
(Palm Beach county)
A) AG Agriculture (City)
B) C-3 Community Commercial (City)
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
.
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MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH. FLORIDA
DECEMBER 17, 1991
County and he was not certain of his boundaries in imposing con-
ditions. That was the reason for writing these conditions as
recommendations. Work will be done to have the applicant comply
with as many conditions as possible.
Kieran Kilday and Ray Flow approached the podium. Mr. Kilday
stated this existing building was built to Code and to rectify a
sprinkler system would require a change to the building.
Commissioner Aguila stated the sprinkler system is not relevant
in this issue. It is a building safety issue.
Mayor Weiner reiterated that the Commission asked that the motion
be approved subject to all appropriate life safety codes. Mr.
Kilday was agreeable.
The motion carried 5-0.
B. Project Name:
Agent:
Owner:
Mall South
Kieran J. Kilday, Kilday & Associates
Bill R. Winchester, Elsie A. Winchester,
Ernest Klatt and Winchester, Winchester,
Zieher & Schroeder
Property totaling 51.05 acres located on
the west side of Congress Avenue between
Old Boynton Road & Boynton Beach
Boulevard
LAND USE ELEMENT AMENDMENTlREZONINGI
COMPREHENSIVE PLAN TEXT AMENDMENT:
Requests to show annexed land as Local
Retail Commercial, to rezone from AR
(Agricultural Residential) in Palm Beach
County to C-3 (Community Commercial) and
AG (Agriculture) and to amend the Traffic
Circulation Element Support Document of
the Comprehensive Plan to include
Winchester Park Boulevard as a city
collector on the Future Functional
Classification Map and to include
Winchester Park Boulevard as a 4-lane
divided road on the 2010 Roadway Design
Map.
Location:
Description:
Mr. Cutro explained this is a request for annexation, land use
designation, zoning and text change. The land east of Winchester
Park Boulevard will be rezoned to C-3. The balance of the land
which is west of Winchester Park Boulevard will be left in the
Agricultural zoning designation. Winchester Park Boulevard will
be redesignated as a city collector. When the applicant does
have a fixed plan, they will consider a change to PCD. The
Planning and Zoning Board recommends approval. If approved by
the Commission, this will go to the State and return in 90 days.
7
MINUTES - REGULAR CITY COMMISSION MEETING
BOYNTON BEACH ~ FLORIDA
DECEMBER 17, 1991
Commissioner Matson wondered if this could be approved in concept ~
only at this point and then ask for a petition for voluntary ~
annexation.
Attorney Cherof stated this is a petition for voluntary annexa-
tion. It can be approved in concept with the understanding this
is not the formal approval of that petition, but it is an indica-
tion of what will come.
In response to a question posed by Commissioner Aguila, Mr. Cutro
stated there is no charge for the state process. All work per-
formed is included in the applicant's overall fee.
Mr. Kilday stated their intent is voluntary annexation and agreed
they would submit a PCD application.
Motion
Commissioner Aguila moved the approval of this application.
Commissioner Matson seconded the motion.
Attorney Cherof suggested this should be a motion to approve the
Land Use Element Amendment, the rezoning and the Comprehensive
plan Text Amendment in concept pending the submission of petition
for voluntary annexation.
Commissioner Aguila asked that his amendment be modified as such. .
Commissioner Matson seconded the modification.
The motion carried 5-0.
Water Treatment Plant Expansion
Christopher cutro
City of Boynton Beach
The 7.47 acre parcel located south of the
water Treatment Plant on South Seacrest
Boulevard.
LAND USE ELEMENT AMENDMENT/REZONING/
COMPREHENSIVE PLAN TEXT AMENDMENT:
Requests to amend the Future Land Use
Element of the Comprehensive Plan from
Medium Density Residential to Public and
Private Governmental/Institutional, amend
Area 4.e of the Future Land Use Element
Support Document to remove obsolete text and
rezone from R-2, Single and Two-Family
Residential to PU, Public Usage.
Mr. Cutro stated this is a change of land use. The will also
remove obsolete text from the Comprehensive Plan which recommends
this property be construed for a certain use if purchased by the
C. Project Name:
Agent:
Owner:
Location:
Description:
.
8
MINUTES - REGULAR PLANNING & ZONING
BOARD MEETING
BOYNTON BEACH, FLORIDA
DECEMBER 10, 1991
Chairman Rosenstock questioned whether or not a sprinkler system 4i'
exists at the day care center and stated he would not vote in
favor of this application if one does not exist.
~ieran ~ilday represented Mr. Flow. He stated that Mr. Flow has
no problems with any of the recommendations. He said that the
day care center is open and operating and was built to meet all
Codes. This prop~rty was annexed pursuant to the water service
agreement. Mr. Kilday was unable to answer Chairman Rosenstock's
question about the sprinkler system. The City is already pro-
viding water for the day care center, but they agreed to annex at
the City's request. Mr. Cutro advised that this property has
already been annexed into the City.
After reviewing the plans, Ms. Huckle found the location of the
fire hydrant although no water mains suggesting the existence of
a sprinkler system going into the building could be located.
SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE OTHER THAN MR.
KILDAY TO SPEAK ON THIS APPLICATION, CHAIRMAN ROSENSTOCK DECLARED
THE PUBLIC AUDIENCE CLOSED.
Motion
Ms. Huckle moved to APPROVE the request for conditional use for
an existing 8,920 square foot day care center serving 200
children for Little Dude Ranch Day Care Center subject to all
staff comments. Murray Howard seconded the motion.
.
Efrem Hinson again questioned the subject of the sprinkler
system. Chairman Rosenstock repeated his statement that he
would not vote in favor of this application at this time. Mr.
Cutro explained this area comes under Building Department cri-
teria.
The motion carried 5-1. (Chairman Rosenstock cast the dissenting
vote. )
LAND USE ELEMENT AMENDMENT/REZONING/COMPREHENSIVE PLAN TEXT
AMENDMENT
Location:
Mall. South
Kieran J. Kilday
Kilday & Associates
Bill R. Winchester,
Elsie A. Winchester,
Ernest Klatt and
Winchester, Winchester, Zieher & Schroeder
Property totaling 51.05 acres located on the
west side of Congress Avenue between Old
Boynton Road and Boynton Beach Boulevard.
e
2.
Project:
Agent:
Owner:
- 6 -
MINUTES - REGULAR PLANNING & ZONING
BOARD MEETING
BOYNTON BEACH # FLORIDA
DECEMBER 10# 1991
.
Requests to show annexed land as Local
Retail Commercial, to rezone from AR
(Agricultural Residential) in Palm Beach
County to C-3 (Community Commercial) and AG
(Agriculture) and to amend the Traffic
Circulation Element Support Document of the
Comprehensive Plan to include Winchester
Park Boulevard as a city collector on the
Future Functional Classification Map and to
include Winchester Park Boulevard as a four-
lane divided road on the 2010 Roadway Design
Map.
Michael Rumpf made the presentation. He stated that Kieran
Kilday has made this request for annexation into Boynton Beach.
There is an additional request to rezone the annexed land to
Local Retail Commercial and to rezone the area to the east of
Winchester Park Boulevard to C-3 Community Commercial and rezone
the remainder of the land to AG (Agriculture). The applicant has
also requested a text amendment to the Comprehensive Plan.
Description:
staff recommends the request for annexation. Such annexation
will result in the elimination of an enclave. Staff further
recommends approval of the text amendment.
. ~ieran ~ilday represented Mr. Winchester. He explained this is a
large vacant piece of property located between Boynton Beach
Boulevard and the Mall. The property has been contained by the
City and has not as yet been annexed because there is no specific
development plan at this time. This request is the beginning of
the process. The owner is aware of the zoning restrictions with
regard to Planned Commercial Development. Their next step is to
go to the Department of Community Affairs for review. This will
take approximately three months. They will then return to the
City for final approval. A plan will then begin for the PCD.
Ms. Stevens questioned if a gas station could be put on the east
parcel. Mr. Kilday responded that a gas station could be erected
at the northeast corner. This is one of the stations previously
discussed by Mr. Cutro.
SINCE THERE WAS NO ONE PRESENT IN THE AUDIENCE TO SPEAK ON THIS
APPLICATION, CHAIRMAN ROSENSTOCK DECLARED THE PUBLIC AUDIENCE
CLOSED.
Motion
e
Ms. Huckle moved to APPROVE the request for Mall South to show
annexed land as Local Retail Commercial, to rezone from AR
(Agricultural Residential) in Palm Beach County to C-3 (Community
Commercial) and AG (Agriculture) and to amend the Traffic
Circulation Element Support Document of the Comprehensive Plan to
- 7 -
~-
( 7 ) "CONSISTENCY WITH FUTURE LAND USE ELEMENT OBJECTIVES AND
POLICIES"
/
MALL SOUTH, WATER TREATMENT PLANT EXPANSION,
APplications #1, #3, #10, #13-A, #20, #21, #25, and #26
MALL SOUTH
This amendment is consistent with both the Comprehensive Plan and
Florida Law with respect to annexation. Furthermore, it is
consistent with any of the applicable policies that regard future
land use and traffic. The remaining policies within the Plan do
not apply at this time.
This Land Use Plan amendment does not constitute a Land Use Plan
amendment with respect to the data and analysis within the Future
Land Use Support Document. Unless a proposed amendment is
inconsistent with the Future Land Use Plan or the data and
analysis, Objective 1.2 should not apply.
Furthermore, the policies that correspond to Objective 1.2 apply
to platting and development stages, not the land use amendment
stage of the development process.
WATER TREATMENT PLANT EXPANSION
This amendment, initiated by the City of Boynton Beach, is not
only consistent with the policies of the Comprehensive Plan, but
is part of a recommendation within the Comprehensive Plan, Future
Land Use Support Document, Section VIII, Planning Area 4.e.
The policies that relate to preservation of native scrub habitat
are addressed within the response to Section III.
Applications #1-#26
Although there may be aspects of one or more of these amendments
that could be construed to be inconsistent with Comprehensive
Plan policies, the impacts are practically immeasurable. (Please
see the explanation above which includes both the impacts and
rationale for each of these amendments.
(c) "TRAFFIC CIRCULATION ELEMENT ANALYSIS REQUIREMENTS, INCLUDING..."
MALL SOUTH
This land use amendment does not constitute a deviation in the
Traffic Circulation Element data and analysis, as the land use is
consistent with the City's Future Land Use Plan (despite
annexation), and the location of the amendment is within the
study area for the Traffic Circulation Element (see Traffic
Circulation Support Document pgs. 2, 27, 30, 56).
A Land Use Plan amendment is required; however, the potential
development of this site according to the City's Future Land Use
Plan was incorporated into the traffic model for the purpose of
projecting future traffic volumes and needed improvements for the
entire study area.
Page 9
The only relevant policies within the Plan that currently apply,
which regard the establishment of levels of service standards,
will be adhered to through phasing or, if necessary, by delaying
project development (see original and revised Traffic Study and
recommendation within the review of the study by the Palm Beach
County Department of Engineering and Public Works).
Other related policies, particularly those that regard design and
circulation, access, signalization, and expenditure of impact
fees on needed road improvements will be applied at the platting
or design stage.
WATER TREATMENT PLANT EXPANSION, Applications *1, *3, *10, *13-A,
*20, and *21
It has already been indicated that, with the exception of the
Plant Expansion amendment, these amendments are City Commission
initiated and/or unavoidable.
However, if it is still required that traffic impacts be
assessed, it is only necessary to again consider the magnitude
(maximum potential size), and the site limitations of each
location. As previously indicated, the potential impacts upon
the traffic circulation system within the City are immeasurable,
and the following statements support this conclusion:
-The Plant Expansion amendment will result in a significant
reduction in potential traffic generation.
-Applications #3, #10, *13-A, and #21 will theoretically
result in a reduction in density;
-The cumulative effects of the amendments should not be
considered since their locations, as well as potential
traffic impacts, are rather dispersed throughout the City;
-The majority of the amendments affect property that is
developed or nearly developed, property that consists of
well-established, stable land uses, that are unlikely to be
developed; and
-The amendments that have increased densities/intensities
range in size between only 1.06 acres and 2.06 acres
(eXCluding Application *25).
The amendment which may be considered to have the greatest
potential effect on traffic and circulation conditions is
Application #25 (based on total acreage involved).
However, although the "Local Retail Commercial" land use category
would typically allow uses with greater traffic impact then that
generated by the "Office Uses", the impacts will likely be
maintained at a similar magnitude as office uses since the area
will be limited to the C-2 Zoning District.
The outstanding physical limitations and characteristics, which
in part determines the development potential, of this area will
likely prevent the conversion to higher zoning classifications
than C-2 (Neighborhood Commercial). The maximum potential for
traffic generated will be maintained. Furthermore, there are no
other objectives or policies that apply to these amendments.
Page 10
I
u
As indicated within this report, this property is designated on
the Future Land Use Map, included within the area to be annexed,
and accounted for in the Boynton Beach Market Area. It is
clearly and concisely stated within the Support Document that the
data and analysis is based upon the entire Market Area (page 33).
Furthermore, in the first full paragraph on page 40, it is stated
that the "supply (within the Market Area) will match the demand".
Again, the policies refer to commercial acreage in addition to
that which the Comprehensive Plan has analyzed.
( 5) "IN ORDER FOR THE LEVEL OF SERVICE STANDARD OF MAINTAIN TO
APPLY, THE FACILITIES MUST BE DESIGNATED AS BACKLOGGED..."
The City's Comprehensive Plan indicates that several roadway
segments are to be provided with a "maintain" level of service
standard. It is part of the implementation procedures of the
Comprehensive Plan to coordinate, with the appropriate state and
local agencies, the designation of such roads as being either
"constrained" or "backlogged".
However, although the above described roads have not been
officially identified with a "maintain" level of service, this
does not affect the Mall South amendment.
The current (1991) traffic count for the segment of Boynton Beach
Boulevard between I-95 and Old Boynton Road indicates that this
segment exceeds level of service "0" by 219 trips, (46,519 trips
per day, 46300--upper limit to LOS "D").
However, subsequent to the adoption of the compilation of the
data, and adoption of the Comprehensive Plan, two road
improvements began that will undoubtedly reduce the volume of
traffic that traverses this segment of Boynton Beach Boulevard,
which until recently, provided the only direct link from I-95 to
Military Trail within the City, south of Hypoluxo Road.
As of December 19, 1991, Woolbright Road was extended west to
Military Trail from Congress Avenue. Furthermore, the
construction of the 22nd Avenue interchange at I-95 is to be
completed by September of the current year.
Since the Woolbright Road extension was completed in 1992, and
since the 22nd Avenue interchange is still under construction,
such improvements are unaccounted for within the current (1991)
traffic counts for Boynton Beach Boulevard.
Considering the margin between the current traffic counts and an
acceptable traffic volume (level of service "D" or better), it is
logical to assume that the recent improvements will significantly
reduce the traffic on this "constrained" roadway segment (see the
attached original and revised traffic studies).
Page 17
However, notwithstanding the area road improvements, and the
inherent effects of said improvements upon Boynton Beach
Boulevard, it has already been stated by the applicant within
the traffic study, and Palm Beach County in its review of the
study, that any building activity on this site will be delayed
until construction commences on Old Boynton Road (between Knuth
Road and Military Trail).
Furthermore, the City's Comprehensive Plan (policies) will
prevent any future development that is inconsistent with the new
adopted traffic levels of service.
[Regarding the coordination necessary to designate the roadway
segments with a "maintain" level of service standard, it is
likely that the City will wait to measure the impacts of current
road improvements before said designations are recorded. In the
interim, however, the City is compelled to prevent any further
deterioration of levels of service on these roadway segments.]
Section III. WATER TREATMENT PLANT EXPANSION AMENDMENT
( I) "NOT SUPPORTED BY RELEVANT DATA AND ANALYSIS"
The explanation of two issues, permitted capacity and water
quality regulations, will assist in justifying the expansion of
the City's Water Treatment Plant.
Permitted Capacity
Although the majority of the information requested is within the
Support Document, one important piece of data, the maximum
capacity of the facility (for 1989), is absent from the Support
Document. The 1989 "rated capacity" was 17.5 mgd.
The City's total capacity is limited to 90% of the amount it is
rated, or permitted, by the Palm Beach County Health Unit.
Consequently, when considering the current (1988) raw water
demand--15.8 mgd (Potable Water Support Document, pg. C-25)--the
City was operating at 89% of permitted capacity. In addition to
this current (1989) problem, the Support Document projects a raw
water demand of 24 mgd (MDF) for 1996.
The City began expanding its capacity to address current Health
Department regulations and future needs with the addition of two
replacement wells, and the intense rehabilitation of the
remaining existing wells (Potable Water Support Document,
pg. C - 2 5 ) .
Further expansion to existing capacity, along with the addition
of a new West Membrane Softening Plant (pg. C-32), are being
initiated to provide sufficient capacity to meet future needs.
Page 18
NO"l"ICE
o F
ZONING
CHANGE
CITY OF BOYNTON BEACH
PUBLIC HEARINGS
The city of Boynton Beach proposes to rezone the property
indicated on the map below. Public hearings on this proposal
will be held before the Planning and Zoning Board on December 10,
1991 at 7:00 P.M., and before the city Commission on December 17,
1991 at 7:00 P.M.. These public hearings will be held in the
city Commission Chambers in Boynton Beach city Hall at 100 East
Boynton Beach Boulevard, Boynton Beach, Florida.
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LEGAL :
Bill R. Winchester
Kieran J. Kilday/Kilday & Associates
Mall South
A 51. OS-acre portion of the unincorporated enclave
located between Old Boynton Rd. and Boynton Beach
Blvd., west of Congress Avenue.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida
PE"l"ITIOIfBR:
AGENT :
PROJECT NAME:
LOCATION:
REQUEST:
REZONE:
From: AR Agricultural Residential
(Palm Beach County)
To: 1) C-3 Community commercial,
2) AG Agriculture
(Boynton Beach)
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
MEETINGS WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS BASED.
PLEASE CALL (407) 738-7490 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS
If uO~V(-\{Z-l(3-'1Y~V)-\[G-Y7'Y
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A 'PAR~EL OF LAND LYING IN SECTION '19 AND 30 OF TOW~IP'4S SOUTH,
RAHaE 43 lAST, SAID PARCIL DEING A PORTION or LOTS'42-4S-46-4,-49
ANO so OF THE SUBDIVISION 0' SECTION 19, TOWNSHIP 4S SOUTH, RANGE
.3. lAST, AS RECORDED IN PLAT BQOK 7, PAOE 19 OF THE PUBLIC RECORDS
OF PALN BEACH COUNTY. FLORIDA AND A PORTION OF LOTS A & 8, BLOCK
. AND 5, LYINO HORTH OF.STATE Ro,AD 804 AS RECORDED'IN PLAT or PALH
8KAOI FARHSCOHPAHY'PLAT NO. O. IN PLAT BOOK 5, PAGE 73 OF THE
PUBLIC RECORDS OF PALH BEACH COUlfTY, FLORIDA.
SAI0 PARcEL BEltfG HORE ,ULLY DESCRIBED AS FOLLOWS:
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COttHIHCUIG AT nlE SOUTHEAST CORNER OF SECTION 19. TOWtfSHIP 4S
SOUTH, RAH(lE 43 lAST. THENCE WITH A BI:4RIH(l OF SOUTH 87 32' '47"
WEST. ALOHa THE SOUTH LINE OF,SECTIOh 19: It DISTANCE OF 1095,70
fUT TO THE pOINT 0.. bEGI"NI"O: THENCE wnH A BEARING OF SOUTH 1
18' 43" . lAST , A DISTANCE' OF 191. 53 FEET TO A POINT: THENCE WITH
A BEARIItC OF SOUTH' 43 '07' 02" WEST, ^ DISTANCE OF 35,00 FElT TO ^
POINT ON TlIE HORTH RIGHT-Or-WAY LINE or NEW BOYtlTON ROAD IS,R,a041;
THENCE WI TH A BEARl NO . or souhi '07 32' 47" WEST. ALONG TIfE NORTH
RICHT-Of-WAY LINI OF BOYNTON ROAD, A DISTAlfCE OF S10,~7 nET:
THENCE WITH A BlARING OF' NORTH 01 10' 30" WEST, A DISTANCE OF'
216,05 FEET TO A POINT: THENCE WITH A BEARING OF SOUTH 87 32' 47"
wEst. A DISTAtfCE OF 334, a8 FUT: THENCE HORTH 0 57' 44'" WEST, A
DISTANCE 0' 661,80 nIT: THENC~ SOUTH 87 35' 13" WEST. A DISTANCE
OF 321,71 'EIT: THENCE WITH A $IARINO OF HORTH 01 01' 32" WEST,
A DISTAItCIt OF 612,58 'lET TO A POINT ON THE SOUTH RIOlfT-O,-WAY 1.INIt-
OF OLD BOYtfTON ROAD: THIHCE WITH II. BEARIIfC OF HORTtI 89 SO' 22"
EAST, ALONG II. LINE LYltIC 40,00 FEEa SOUTH or AND PARALLEL TO THE
,_ CENTERLINE Of OLD PQYNTON ROAD, A DISTANCE 0' 965,32 fIET: THENCE
~y WITH A BlARING 0' SOUTH 01 00' 33" EAST. A DISTANCE OF 253.01 F~KT'
~( THENCE WITH A BEARING QL HORTH 88 09' II" lAST. A DISTAttCI or
,1(\ 337,55 FUT, TO A POINT OIC THE WEST RIGHT-or.WAY 0' THE HALL ROAD:
)' THENCI WI TII A BEARING OF SOUTH 1 06' 06" EAST. 'ALOttO THE WEST
RIGHT-OF-WAY LINI OF THI HALL ROAD, A DISTAHCE 0' 7,83 FlIT TO,A
POIHT: nfENCE WITH A CURVE TO THI LIFT HAVltIC A RADIUS 0' 2041,3\
FEET, A CENTRAL ANOLI or 9 OS.' ,31" ,_1-tf. ARC LENGrH O~ 111 I J I Iff .
4,5b, Z'Z- FEET TO ^ POINJ' OF nEVmSE CtJRVt: 'J'lIEN::E,
WInI " CURVE ro 'I11E LF.FT ItrlVI~ ^ MDIUS OF 2301.99 FEET, ^ cmmN,
~ 01" 1.3. 01' 36", 1\NO /'IN Me tnern OF 523.30 FEET TO ^ mrNJ':.
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A PAIl':F.L r..t LAlit' 'LYING JH SKCTION 19 OF TOWNSHIP 4S SOUTH, RANGE
4) EAST, $AID PARCEL BK1'~ A PORTIPN OF LOTS 39-40-41-43 AND 44.
OF UtE S~9l'IVISl(.lN OF SECTION 19, TO","SHIP 4S SOUTH. RANGK 43 EAST,
A$ KIl';CROEO IN PLAT BOOK 7. PAGE 19 O,F THE PUBLIC RlCORDS, OFPALH
BEACH ;OUIITY. FLORIDA.
'SAW f'AII('IlL BUIIG HOIII FULLY DESCRIBED As FOLLOWS:
)0 C'~>MH[/'IC11f(.l AT THE SOUTHEAST CORNIR OF SICTION ,19. TOWNSHIP 45
St'JUTlI. RANt.;[ 43 EAST. THEIlC!:': wnH A BEARING or SOUTH 87 32' 47"
~ES1. ALONG THE SC~H LINE OF SECTION 19. A DISTANCE OF 60,00 FEET
1" A POlIlT ON THE \.ftST RIGHT-Or-WAY LINE OF CONGRESS AVENUE:
THEileR WITH A BEA1UNC OF OORTH 01 2'.' 43" WltST, ALONG THE WEST
f(jr;lIT..v,..\oIAV LlIfE uF CONGRESS "VENUI, A DISTANCE or 300,00 FIET TO
TIlE f'OlNT or DEGIHlIINO: THENCE WITH A BEARING OF SOUTH 87 32' 47.,
\.lEi.::l'. A DISTANCE ('f 390,0') FEET, THENCE SOUTH 6803' 48" WIST, Ii:
1IISTANC'f. OF '511.09 "EET TO A POINT ON WINCHESTER PARK BLVD,,:
THEN':! WI Tll A CURVE TO THI RIGHT ALOtlO THI lAST RIOHT-O,,-WAV LINE
Of WINCHESTER PARK BLVt' , HAVING A CHORD BlARING OF NORTH 06 37' 56"
EAST; ^ 'ADIUS OF 2193.99 FEET. A CINTRAL ANGLE OF 10 09' 54" AND
All ARC LVtCTH OF 389.24 FEET: THENCE WnH A REVIRSE CURVI TO THE
un IIAYI~ A <-'IOR(' BEARING Of tlORTH OS 16' 24" WE$T. " R"DIl,JS Of
~149,)1 ,EET. A CENTRAL At~LE OF 12 48' 59", AND AN ARC LE~TH OF
4tlll 79 FElT Tl' A POINT: THINCI NORTH 1 06' 06" WIEST, ALotio THE
lAST IlI~HT-O'-WAY OF \.lINCHESTER PARK BLVD,. A DISTANCE OF 223,72
FEET: THENCE tfORTH 44 22' 08" EAST, A DIST,\NCE 0.. 3S,64 FIET. TO
A pOINT,," TIlE SOUTH RIGHT-Of-WAY LINE OF (" D BOYNTON ROAD: THINCI
WITH A BURIHG 0.. NORTH 89 SO' 22" EAST. ",-ONG THI SOUTH RIGHT-OF-
\olAV LIIlE 01" OLD 8OYNTOtl ROA~, A DISTANCE OF 763,72 FElT,' THWCE
Willi A OIARlHC. OF SOUTH 4'5 46-'11" EAST. A DISTANCE OF 34,98 ..lET
1\' A p(oIHT {Jll TUE UIST IUGHT-Or-WAY LINE Of CONGRESS AVENUE,
TtllitfCt: \.lITH A 8&A11l1tG 0' SUUTH 1 22' 43" ItAST .ALOtfG THE WIST lIOHT-
vf-WAY LINI ~~ ~IESS AVlHUl, A DISTANCE 0' 860,95 FliT HOll OR
LESS TO THE POUlT 0.. 8ItCI""IIIC.
'fo6t5TtftGR.... IN (TH T#/5... FOt.t.oWfPC; PI'HCCEL-:
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THE SOUTH 25.Q feet of the followi.ng aescribed parce).:
COMMENCING' AT THE SOUTHEAST CORNER OF SECTION 19. TOWNSHIP 45 '
SOUTH; RANGE 43 EAST, THENCE WITH A BEARING OF SOUTH 87 32' 10'"
WEST: ALONG THE SOUTH LINE OF SECTION 19. A DISTANCE OF '93.?4"FEE'T,
TO A 'POINT. SAID POINT BEING ~HE POINT OF BEGINNING: THENCE SOUTH
01 18' 103: EAST. A DISTANCE OF 25.0 FEET: THENCE SOUTH 87 32' 47"
WEST, ALONG A LINE 25.0 FEET SOUTH OF AND PARALLEL WITH THE SOUTH
LINE OF SECTION 19. A DISTANCE OF 193.910 FEET TO A ,POINT. ON THE
EAST RIGHT-OF-"'AY LINE OF WINCHESTER PARK BLVD.: THENCE NORTH 01
18' 43" WEST ALONG THE EAST RIGHT-OF-WAY' LINE OF WINCHESTER PARK
BLVD, A DISTANCE OF 25.0 FEET: THENCE WITH ^ CURVE TO THE RlGHT
'ALONG SAfD EAST RIGHT-OF-WAY LINE. HAVING A CHORD BEARlNG OF NORTH,
00 59' oe." WEST, A RADIUS OF 2193.99' FEET. A CENTRAL ANGLE OF Q(I
39' 11 ". AND AN ARC LENeTH OF 25.01 FEET: THENCE NORTH 87 32' ,/0 '"
EAST, A DISTANCE OF 193.80 FEET: THENCE SOUTH 97 32' 47" WEST, A
DISTANCE OF 2S.0 FEET MORE OR LESS TO THE POINT OF BEGINNING,
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CoN'TAIIHNG 18.&~ ACRES HORE OR Ll-:SS AND SUBJE;CT TO EASEMENTS AND
RIGHTS-Clr-WA" OF RECORD, ,
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FROM:
Sue Kruse, city Clerk
Michael Rumpf, Senior Planner ~
TO:
DATE:
october 29, 1991
Subject:
Notification to Property Owners of Rezonings (Water
Treatment Plant Expansion, Application #13-A, and
Mall South)
Accompanying this memorandum you will find application materials
and support documentation in connection with three proposed
rezonings that this office is currently processing. Please
notify all property owners listed in "Attachment "B" for each
application of the upcoming public hearings before the planning
and zoning Board on December 10, 1991 and before the city
Commission on December 17, 1991.
The "Notice of Zoning Change'! ad to be mailed to each property
owner is found in "Attachment D" for each application.
Please note that a separate notice has been prepared for each
rezoning application.
Also, please note that copies of the remaining application
materials will be provided to you when the land use
amendment/rezoning ad is given to your office for processing.
If I can be of assistance, please let me know.
Thank you for your assistance.
mwr
cc: subject
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ITEM '6 lA-PPLlCA TION '20)
City of Boynton Beach
Lots lying between Bernal... v Restaurant and Via Lago Condo,. south of Lake Street (1.88 acres)
AMEND FUTURE LAND USE PLAN: ,
From . High Density Residential .
To . Local Retail COmmercial
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
, ITEM #7-A and '7-B (APPLICATION '21)
City of Boynton Beach
Lots on the east side of U.S, 1, lying between Bernard's Restaurant and Yachtman's Cove Subdivl-',
slon (6.87 acres) , ,
. AMEND FUTURE LAND USE PLAN: '
From - High Density Residential
To - 7-A) Local Retail Commercial and 7-B) Low Density Residential
AMEND TEXT OF COMPREHENSIVE PLAN '
Text Amendment on file In Planning Department
ITEM '8 (APPLICATION '25)
City of Boynton Beach ,
Lots on the north and south sides of Boynton Beach Blvd, between, 1-95 and Seacrest Ellvd. (8,94
acres),,',..,:
AMEND FUTURE LAND USE PLAN: " " " " ' " "
From - Office Comerclal, , , ",'
To - Local Retail Commercial , '
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
ITEM 19 (APPUCATION 126) ,
City of 8oynIon Beel:h . ;
Portion of site occupied by Holiday Inn, southeast corner 1-95 and Boynton Beach Blvd, (1.06 acres)
", AMEND FUTURE LAND USE PLAN:
From, Local Retail Commercial '
To ' Office Commercial
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
,ITEM '10 (WATER TREATMENT PLANT EXPANSION)
City of Boynton Beach' ' " .'. . .
Expansion of City's Water Treatment Plant '.
Vacant parcel south of Water Treatment Plant on South Seacrest Boulevard (7,47 acres)
AMEND FUTURE LAND USE PLAN: '
, From - Medium Density Residential' '
To - Public & Private Governmentalllnstltullonal
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file In Planning Department
REZONE:
From - R-2 (Duplex Residential)
To- Public Usage
, . ITEM '11-A and 11-B (MALL SOUTH)
Bill R, Winchester
Kieran J, Kilday/Kilday & Associates ,"
No use Is currently proposed . , '
A 51.05-acre portion of the unincorporated enc;lave between Old Boynton Ad, and Boynton Beach
Blvd" west of Cognress Avenue '
ANNEXATION ' ,
AMEND FUTURE LAND USE PLAN:
From - CH/8 (Palm Beach County)
To - Local Retail Commercial (City)
AMEND TEXT OF COMPREHENSIVE PLAN
Text Amendment on file in Planning Department
REZONE: '
From - AR Agricultural Residential (Palm Beach County)
To - 11-A) 0.3 Communi!X Commercial (City)
- 11-B) AG Agriculture (City)
A copy of the applications for annexation, land use plan amendment, text amendment,and rezoning, and the respective
legal descriptions are available for review by the public in the City's Planning Department (phone no, 738-7490).
All Interested parties are nollfied to appear at said hearings In persOn or by attorney and be heard, Any person who de-
cides to appeal any decision of the City Commission with respect to any matter considered at these meellngs will 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" .
SUZANNE M, KRUSE, CITY CLERK
CITY OF BOYNTON BEACH, FLORIDA
APPLICANT:
LOCATION:
BEQUEST:
RIQUIST:
APPLICANT:
LOCATION:
~EQUEST:
REQUEST:
APPLICANT:
LOCATION:
REQUEST:
REQUEST:
APPUCANT:
LOCAT1ON:
REQUEST:
REQUEST:
'.. ~
.' APPLICANT:
PROPOSED OSE:
LOCATION:
REQUEST:
REQUEST:
REQUEST:
APPLICANT:
AGENT:
PROPOSED USE:
LOCATION:
REQUEST: '
REQUEST:
REQUEST:
REQUEST:
,
Publish: May 19 and 26,1992
The News
BocaIDelray/Boynton/Deerfield
Ad '376515
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ORDINANCE NO. 73- if'f
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AN ORDINANCE OF THE CITY OF BOYNTON BEAca,
FLORIDA, EXTENDING THE r,lUNICIPAL TERRITORL'\.L
LIMITS OF SAID MUNICIPALITY BY THE ANNEXATION
OF A CERTAIN UNINCORPOR~TED TRACT OF LAND
CONTAINING LESS THAN TEN REGISTERED VOTERS,
LYING CONTIGUOUS THERETO AND WITHIN PALM BEACH
COUNTY, FLORIDA, TO vIlT: A PARGEL OF LAND
LOCATED IN SECTIONS 19 AND 30, TOWNSHIP 45
SOUTH, RANGE 43 EAST, MORE PARTICULARLY DES-
CRIBED HEREINAFTER; REDEFINING TH~ BOUNDARIES
OF SAID CITY TO INCLUDE SAID LAND; REEEALING
ALL ORDINANCES OR PARTS OF ORDINANCES IN CON-
FLICT HE~~ITH; PROVIDING FOR AUTHORITY TO
CODIFY, SAVINGS CLAUSE, AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
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i WHEREAS, the owner of the
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Ii hereina~ter has hereto~ore petitioned the City Council of
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property more particularly described
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the City I
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i o~ Boynton Beach, Florida, requesting the annexation of certain !
!property lying adjacent and contiguous to the territorial limits I
i; of said mUnicipality and within the same County to the municipal
I territorial limits of said City; ~~d
WHEREAS, said tract of land contains less than ten registered
voters; and
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WHEREAS, all requirements of the Charter of the City of
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!iBoynton Beach, Florida, and of the laws of the state of Florida,
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: relative to annexation of contiguous territory have been complied
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WHEREAS, the City Council of the City of Boynton Beach,
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IIi Florida, deems the annexation of said land to be beneficial to
,land in the best interests of the said City and the owner of said
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iiland that said land be annexed and included within the municipal
1\ territor:tal limits of said City;
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i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
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! CITY OF BOYNTON BEACH, FLORIDA:
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described in the attached Exhibit A, which is hereby made a part
hereof, to the municipal territorial limits of the City of Boynton
Beach, Florida.
Section 2: That the subject property is hereby zoned zone
C-l pursuant to the Master zoning Code of the city of Boynton
Beach, Florida.
Section 3: That the territorial boundaries of the City of
Boynton Beach, Florida, are hereby redefined so as to include
the above-described property.
Section 4: Repealinq Provisions: All ordinances or parts of
Section 5:" Authority to CodifY:
Specific authority is
hereby granted to codify and incorporate this Ordinance in the
City's existing Code.
Section 6: Separability: Should any section or provision of
this Ordinance or any portion hereof, be declared by a Court of
competent jurisdiction to be invalid. such decision shall not
affect the validity of the remainder hereof as a whole or any
\: part hereof, other than the part declared to be invalid.
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section 7:
Effective Date:
This Ordinance shall become
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Ii effective in the manner and at the time provided by law.
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!: NOVEMBER, A. D., 1973.
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'I ATTEST:
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First rea.ding this :< ~
day of Octob'~r,
A. D.; 1973.
t R day of
Second and final rea.ding and passage this
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CITY OF BOYNTON 3EACH, FLORIDA
ayor ~
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councJ1man" /
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i/Couhcilman
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Councilman
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A Parcel of land lying in Section 19 and 30, Township 45 South, Range 43 East. Pal
B each County Flo ri da. Eaid parcel being a po rtio n of Tracts 44. 40 and 39 0 f the PI
of Subdivision of Section 19, Township;45 South, Range 43 East as recorded in PIal
Book 7. Page 19 and a portion of Lots A and B. Elock 4 of the Palm P each County
Farms Co. Plat 1'\0- 8 as recorded in Plat Book'.5. Page 73 of the Public Records
of Palm E eac h County Flo rida said land being mo re particula rl Y described as
follo'ws:
Commencing at the f.:ortheast corner of Section 30, Township 45 South. Range';'3 E
thence with a bearing 0 f S. 870 57' 5 3~' V.'. along the No rth line of See tio n 30. a. cis
tancc of 50.00 feet to a point on the West right-of -"'way line of Congr~s s Avenue, sai
point being the Point of Beginning; thence continue a.long the aforementioned course
, extended a distance of 937.65 feet to a p::>int; thence with a bearing of S. 00 53' 371'
, distance of 256.03 feet to a point; on the North right-of-way line of New West
:,-.Boynton Road; thence with a bearing of S. 870 57' 5311 W. along the aforementioned
"right-of-way of Boynton Road a distance of SO. CO feet to a point; thence 'I,,,'ith a beal
ing,ofN. 00 53' 3711 W. a distance of 296.03 feet to a point; thence with a bearing (
N _ 680 28' 5411 E., a di stanc.e of 659.48 feet to a po int; thence wi th a bearing of N.
57' 53" E, .:I. distance of 400.00 feet to a p::>int on the West right-of-w;:J.]" of Congre:=
Av~nue~ thence,with a beari:1g of S. 00 57' 37" Eo along the Vlest right-of-\\!ay lin(;;
COl1gres!O Avenue a ,ji~tance of 500. 08 fee~ r!":ore or it-55 to !.he Point f)~ F ~gl::H",i;)g.
C'.)nlcuning 5.748 Acres mf)re or less a:-,d f:ubi(.ct<.o easements and rights -of-way (
reco rd.