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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 . ~t.v~ ~ LOCATION ~1AP , - MALL~3 ISOUTH ~'f..H /(]II /fO 9).-1] /(It I' llt.J,Ji.n ~ y 111\ ~S - . ! " = ,~---- --- ":- ... , ...... .I I ~-,r: .' . >/ 't~~l, }' ': ~l L '~~ ~ V\I I~@ ~ f- .11 I ::= . -- - .::.= IlIlIlL IIII [) 2.') .J I IIU I I I 1'1 I I I = .1:1 I'~ ~~ _LL _~' '- -1 r- - - I II ~ ~ ~~IIII ~ t:::::::::=:IJ I 'I , ~~TI I , ! I - -, - - _u ~OYNioN' CA Ai A L" ..,.. 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I--L-- /l ( ~--~ ( ,r' . ---~..-:-if.,/ \,.---,../',,-1 I; .'j~.....~. ~ .{( ~ ~ - ORDINANCE #092-14, 092-15 , 092-16, 092-17 /.../sr ~ ,~f"t o.ul->~J.S ft44.L ,. ..,.H ""1.1 (:,1t 1 ,..., sv~c..1 f1tOfet.-rIlG~ : p~~A- rt fJJ()J .,'fl.D'- 1Jvt-"b ~ - 00- l{J -'tS '1'1 -07.0;" -00 ~o oo-(fj -''IS-/if-05 ~"yz..-oo II oO_'f!>-15-tQ'oS- o't5,ootD r:JO-'f~ - Cf~ ~ lCf ..05 ,o'f? .OO/,O (t)O'" 4')_45-JD -01- ()ol.t- 00(0 , 5 oJ tx '/'1- 0 f' L..W' .'0. j), CA-~flL,. t,-J,-Cf p-/vJ rVr1~;}~~'I}~~t (1.d Al.j~ h, vJl~(~ tv.- Q~ $\vA, 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 I , ! 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 IIDB ID a. ~ 4LD ~ 22 AVE N Ur4 Ii! I~ ~ U IlI'fImIN III U a. 4LD ~4~ ~ ILYO 4LD 6UJ 6LO . ! I~ u 1:"-.. 4LD 4LD l:.XrUD~ C A" u ~ ~ 2l. ~ . ~ I LEIEID lU - l!N UN! EXPIDMAY Rl1 - m UN! DIYmED 4.D - Fa LANE DIVIDED .... - F1UI UN! \IIlIYJIED 2L - 110 LANE * - TID-Mn. .IAnllN till -......".. HI" .. RAIL ccu.maR vrQ. TfU:;.:;-..l.O HYPCl.UXO IIJ 4LD I~ ~I II~' J l~~\' I I ) ~ I , I · I I ' i ' ! I .I I rl I / .I m '/ / I I, / ~ fill II I~ 4LD ' ,4LD ! CoJ ./ I ~ II I' CoJ /, ,~ , / ~ I~ ',", I~ '/ I' !' . II ~ I 1 I I ~ I I I IIDB ID a. ld I~ & 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 -60- "" Exh.1..b~ t "A" ,j ""'.._ .V '.., ~ 01 HVPCLUXOIm I 01 as / a a CJ 1mB III C CJ a 22 lYE H CN Ii I ~ C ij CJ ICMmlN BLVD SJI SN I ! ICJ I~.u CN CN CC ~ I I! I ~ 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 '" - UTY ctJLJ.E&TrBf /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 $rings, Florid' -61- ORDrnANCE *09 2-14, 092-15, 092-16, 092-17 t../sr t>>- ,~1"t ooAJAJ~JS ~ ..-rH /tftLlUtTt-.l , S \I ~ c:.1 f1tOf'et.1"(I~: ~ ; PRo~,t. 1't (,Q#J 1"'f/.DL,. ~~ ~ - () o. l( J - 't 5'19 - 0$ . 0 ~9 ,00" 0 00-'13 -'1$-/'1-05 ~~yz."oOII 00 ~t.{>,'t5 -1"1,0$- o'f" Clo/~ riO' "f!, -l(~ '" lq,.. 05 _04? - oo{'o (!)o.. 4J_4S-Jo -01, {jOl.,- ()o(O . 50u tx j /1, of' '-.IA./.v. j), CA-~f}(.. t,-j"Cf p./vJ rVv1~;.~e'''f(,f:.f fAd dj~ h, vJ;~'~!:v- Q~ $\vA, 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: , , , il 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 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. i i I , I Ii I i; 11 ! I I I I I I , I 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 ., ..." 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 ~ rJ~.,<<~ ayor v~~~~ ATTEST: ~~~/Y-' / Ci Clerk (Corporate Seal) A: LUAMS . ORD 3/16/92 ORDINANCE #09 2-14, 092-15, 092-16, 092-17 J.,'~" 01=- ,~'it 0o.&1JoJ.:~5 ~ ...,.H /tItLIU.T'-.I , S\J~c:r f1tOfe.t.-nG~ : p~~-t rt (.Q#J 1/Lol.,.. ~~ ~ - ()O_l(J,'tS"'I-Or; -0;f!'0(:) ~O OO-I.t.J -'Ii-Ill ,05 ~"yz,-oo II OO-t{>'Lf5,/q...ot;- o't5-o0tD r10''f!, -'f~ '" lQ...o5 _04? -OOl'D (!)O.....4J_4S-Jo '0/' ()O't-Qo(O , 50J ~ j I." of' L,jAJ.'O, j), CA-""~ t- -j,V p../vJ rvr1~ ...~~'''~~ f ad dj~ to vi i,,-c ~ l:v- Q~ $\vA, II il il I !' 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. I ~ 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 : I I :! 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 , I i 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: '1 I . ! I i I I I I I i I II I! ! ~ i 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: Ii , ! 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. ! I 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 " II, 'I I,! :1 1 j I ; i I ; : , , if , ~ i ; i II ; I , I ! I i , I II I , i I I I I I j i ; I 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: I! 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. , I I i i I I I Together with the following parcel: :\ i , ; I 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 Ii i I 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 i i i 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 II I, , : , Section 6: This Ordinance shall become effective immediately upon its final passage. i: , Section 7 : Specific authority is hereby given to codify this Ordinance. I, i I : ! 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 ~ I CITY OF BOYNTON BEACH, FLORIDA . t~ ~ 4:yg; U- xI~~ ! : II I ATTEST: ~~~~-'" - Ci Clerk (Corporate Seal) A: ANNEXMS .ORn 3/16/92 'I , I ! i I i: I' i i ORDINANCE #092 -14, 092-15, 092-16, 092-17 t,fSr ~ ,~f"'t O"",v6J.5 f't44.4,. ...,.H "nLlUt"'~ I sv~c.1' f1lofet.-rIl:;;~ : PRcp,:---t. rt (4)~ 1"11-01..- p~ ~ ~ 00. ifJ-ctS"q-o'S _o;lf'oo~o o 0 - 'd - ~ S -/ If - 0 5 ... c, ~ z.- 0 0 I I OO_'f>,'t5,lQ"-ot;- o'f,-ClotD oo,Cf~ _'ff"'lQ...o5 ...04? -OO{'O ft)O" 4}_4S-Jo '01- (jo't- 00(0 , 5 o~ K ' /1, 0 f' L # ,p. J), CAI.I'f'tl.., t- -J,..'f f1-/""'; rvr?~ "1~e'l)tt--f ad dj~ -h rJI i~(. ~ tv- Q~ $\vA, N0{ICE OF ANNEXATIO,~ {fOf).-J Ii June 2, 1992 at 7:00 _BACH II) \I) ~ 41( e ~ <:) \) PC.D 1\ 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 ~(J1.1-IV FROM: City of Boynton Beach. '. ." 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 l *Secretary of State *Supervisor of Registration *State Beverage Department *State Department of Transportation I JRU , , . UJl 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 I' WDD CANAL L-30 I I I o 1000 2000 , FEET Jo~ 5-92 . ~, (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 , - , 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 II) II) ~ ~ ~ ~ C) \) I":: 800' pee 1\ 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. -'~ BEACH ~ ~ ~ ~ ~ ~ ~ U ~ i ~ ~ ~ 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. . . t i ;. , . 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. . l:lI ro'-p [ [ ~ r ~ .eACH I G J l?' --..-:::J) "~' /-'" '0- - I, I' , ...-......... .. .. .... - - ... c :J> E j ..1 . ::1' pee ^ 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 .~.., --( JD , f:.RGIi~ riEl. 1, ' 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: r" G r 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':. . 'J;11EN:E wrm ^ DEMI~ OF scx.ml 1" 1 0' 4 3" EI\S1', ~^ DIST, 1\N:E (11: 2.1!i FJ:'ZI' "r;m: at LESS TO 'I1IE ronrr OF nr:x;INNJ~. d IA....}~/' +--- - 32 ,31. ~ ' a:m"MNI~ _ ACRES ,!?: OIl LESS ~ SUDJe:T TO rNi~ m1 RIGnrS-op-,"^'l OF rw::m . L~erI ~:5Cf1~ :f-lde.tl F v~ /Y1 orca 7n Oo-1I'1ce ~ > 2.-) -'1 , ~ ~ .--.---- IC' 1\ (. ~ ~V--' , rr, /{,co (" c) I e.:" "1" t 1\..... r ' J P^,~C.i. NO, 1 /' ...1-'4- ) "1'__7 .....', ,-,.... ( I~>~':"#> il... (,....,- / . .....,/, ! }.1. LI, Q.;' "t:._. c.__~- ?P I). 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-: ,.... 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, " ' CoN'TAIIHNG 18.&~ ACRES HORE OR Ll-:SS AND SUBJE;CT TO EASEMENTS AND RIGHTS-Clr-WA" OF RECORD, , 'B~ o ~. ; i :' t i i . I i ! , \ IIBIIORAIIDUII 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 . "'".:;;1 ... -....,.....'...41 ~jll\,.;lll. 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 ~:~ -. . . . .... (je".;ih) . .1,;,.,.;;.. ',' ::",.~' \ '~\ ( \ " ~('" rs r:P \,' ;"..".' . ):r (' I ' Iii:,P' , .- t I ~t~_,r:- L ~~" .; ) 1 '(; e t (" ( ,- " I: , I ORDINANCE NO. 73- if'f \' 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. i. i: jl " ~ l 11 " H i' i1 i I I Ii I! " j Ii i i WHEREAS, the owner of the I 'I Ii hereina~ter has hereto~ore petitioned the City Council of Ii property more particularly described I the City I I 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 !i i' WHEREAS, all requirements of the Charter of the City of J il !iBoynton Beach, Florida, and of the laws of the state of Florida, i : relative to annexation of contiguous territory have been complied i' I' " !: with; and q ;i , WHEREAS, the City Council of the City of Boynton Beach, ,! It 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 tl I, i' iiland that said land be annexed and included within the municipal 1\ territor:tal limits of said City; !I i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE I 1 ~ ! CITY OF BOYNTON BEACH, FLORIDA: :i I. i' i! " "1:, .;.", \ I," . ' ~ ,. ""',,,..,... .,'." . " -c,'. ~ ',\ :~",rj} . 'B1" I r,...., ~,.'.' () .:... ('- 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. \, L !I section 7: Effective Date: This Ordinance shall become Ii i: Ii effective in the manner and at the time provided by law. n I I I i ,,;; I II Ii I I I i i I II q II " " I: ;1 i, Ii II I; !: ; ,; !i - 2 - II I' :1 iJ II .,"'; I . > :'~~' ,- > j-'--" ,:'t ... .' 'i" t' .,',,".. ~ .. ,J 1\ ! , I , " \' d !: NOVEMBER, A. D., 1973. " I: I, ! i I: I: Ii ~ ! " 1. ! ~ ti I' I " Ii Ii Ii !i I, I; I' ,\ 'I ATTEST: I I I i First rea.ding this :< ~ day of Octob'~r, A. D.; 1973. t R day of Second and final rea.ding and passage this ,I ! i CITY OF BOYNTON 3EACH, FLORIDA ayor ~ /':' ' :t;-aw.. ~ councJ1man" / 8 I ,/ " ' / ,../. ~" , ,{ i/Couhcilman ~ -R"J c--ePP- Councilman ,1 " I ,. " , ~' ; ~ ,',' 1 " ! '., ~. I. l: ("" " :, i C~Mr:~j}- I I (CORP. SEAL) I , Ii I I It j' il " I - 3 - c . ~'t,-" T '~ti ',.:.~iX;f;.4-~: Jt' I .~--~~ti..J~ ;- (i:, ",I."",',",",'.."" " ' " .' ~'... ,:"" ~-- ..>~; . , ,,":,.-.~. ,~ifc ~:'~'ft.~ . ~t~(~:. ~: ~ -~lL:,-::,',. ;.~r~.1.. ';~~yr~: . ~ .;. . '.." , .~ G:' ('" (, " E Y f-I ( f3 / f A 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.