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LEGAL APPROVAL P.O BOX 310 120 N_E 2ND AVENUE BOYNTON BEACH. FLORIDA 33435 (305173481\\ CITY of BOYNTON BEACH November 17, 1982 Mr. Robert J. Schreiber, Vice President Boynton Beach, Inc. 7620 Market St., Box 3287 Youngstown, Ohio 44512 Dear Mr. Schreiber: On Tuesday, November 16, 1982, the City Council approved on second reading Ordinances # 82-39, 82-42, and 82-45, which provide for the Annexation, Amendment of the Land Use Element of the Comprehensive Plan, and Rezoning of the two (2) DeBartolo Out-Parcels located on Congress Avenue, north of Old Boynton Rd., (copies of Ordinances attached). If you have any questions concerning these matters, please feel free to contact me at your convenience. Yours very truly, CSA:mpc CITY OF BOYNTON BEACH C~ S G cr-<:::c, Carmen S. Annunziato city Planner CC: City Manager Bldg. Dept. w/plans & attmts. Eng. Dept. w/plans & attmts. Utility Dept.w/plans & attmts. Police Dept. Fire Dept. Parks & Rec. Dept. Public Works Dept. Central File w/plans & attmts. Energy Coordinator ..... ~ ,6tJJI'IJlI County \.dministrator, Board of COUh(~_' Co-.f.missioners RECEIVED- ! oan C. ,~ansDtJrv '}c~gy 3. Svalt. \.~hairman :(en ':;pillias. '.'ice Chairman )enms ? . '-oehler ,..r.;1\~J :3 1f'r,r: ~:l! :;:::'ll~v PLAN;"Ii.iC DEFT. r.:'~";-"" .. -" _'T'\'~'" 'Iilken -,--:~,;:~":':, ~ ....,... -~"" ...l, . -: "";"",,' " -", , -; ~'};'Jrr~..nt r'T ::n("'!r~,":,rin'1 ',Yl ,":w!ic Hfon:s '...j .; ,\ Jnler: ':,Jur.tv '.:nqmeer December 27, 1983 .,;1: " -~~,- ~ Mr. Jimmie Gill, P.E. Project Engineer Greiner Engineering P. O.Box 23646 Tampa, Florida 33623 SUBJECT: Mall Access Road Construction Plans and Drainage Calculation Dear Mr. Gill: Attached please find a letter from Mr. John Carroll, dated December 20, 1983, providing comments on the subject plans. Mr. Carroll's comments primarily deal wi th drainage, and it is reques ted tha t you coordinate the resolution of these comments directly with him. After discussions wi th Mr. Carmen Annunziato, Planner from the Ci ty of Boynton Beach, it is our mutual position that sidewalks should be constructed on both sides of this roadway with the initial construction. Please feel free to call Mr. Carroll or myself should you have any questions concerning these comments. Sincerely, OF~i OJ ~ /J2ENGlNEER C~~~W~lk:r, Jr., P.E. Director, Traffic Division CRW:nd Attachment: Letter Dtd. 12/20/83 co: Carmen Annunziato ,...,-CitY of Boynton Beach BOX 2429 . WEST PALM BEACH, FLORI DA 33402 . (305) 684-4000 goard of Cou':Jty C,;;nmis.f.)ioners County Administrator :>eggy :t Evatt. Chairman "(en :ipiUias, Vit:e Chairman ~)enms P. ;(oeiller )ornrhv '\lilken "!iil '),lIlev T(dm :~. 'Sansoufv /~:'~'7~', .~ , . )?oartmenr "'"IT '::nolOeennq ,,""l(1 P!Jblic '.\'orl<:s ,.=. ,,,!lIen ''':J~Jn!Y ::m:1lneer -,..-.- "''''J':'';-it\\r-i., i... , :....~~;'o::;;,:.,\'-i\-i ....., -'':''; '''\-.. . " ,-~~~,~.,,;:;~, r:;--; , .~ December 20, 1983 TO: Charlie Walker, Director Traffic Engineering FROM: J.R. Carroll, Manager Design-Engineering Services RE: , Mall Access Road Plans - Boynton Beach We have reviewed the above referenced preliminary plans, and have the following comments: 1) Based upon the information supplied, the weir crests for storm water control are below the D.R.W. for the L-24 canal. This could lead to back flow from the canal. 2) L.W.D.D. will require their canals, adjacent to the construction, to be dredged to their design section. This will require permitting from D.E.R., D.N.R., and the Corps of Engineers. 3) The proposed road grades seem to be high relative to the surrounding ground. The grades set for this road will have a considerable inpact upon future development and required elevations, this should be thoroughly coordinated. 4) Drainage computations do' not address drawdown bleeder sizing and make an unacceptable assumption regarding the relationship between peak stages of the canal and retention ponds. 5) Why are sidewalks constructed only on a portion of the project and not continuous? JHC:jaw Sin 1'~/ n R. Carroll, Manager ign-Engineering Services BOX 2429 . WEST PALM BEACH, FLORIDA 33402 . !305) 684-4000 _.,.___ _______~ .".u __ ..~.".~_ -------..---- / I .1.-'.'" III' .'{;-~..~~-~ .., r.. "'(""....., I :('" I I , I I i II II I: I' II " Ii Ii I' Ii " ii II " I' Ii ! I I I II ,I II Ii 'I I: " I Ii i! j ~ I' I; I, I! ii II' I I! Ii Ii Ii Ii 11 " Ii I RESOLUTION NO. R-8l-1(:~ RESOLUTION OF TilE BOARD OF COUNTY CmrMISSIONERS OF PAUl BEACH COUNTY, FLORIDA TO EXECUTE TilE ATTACHED AGREEHENT BET\{EEN THE COll':TY AND HO:1ART BOYNTON ASSOCII\TES/EDh'ARCl J. DE BARTOLO CORPORATION. mlEREAS, Palm Beach County adopted Resolution No. R-78-1132 for a Special Exception to allow a Regional Shopping Center,. and .. WHEREAS, said Resolution contained numerous conditions of approval relating to traffic impacts, including major cop.struction on Congress Avenue and Boynton West Road, and WHEREAS, Palm Beach County is proposing to construct Congress Avenue and Boynton West Road in the vicinity of the proposed Mall, in- cluding construction which is the obligation of the Developer under said Resolution, and WHEREAS, it is proposed that Palm Beach County accomplish a number of the roadway and traffic related conditions imposed by said Resol>>tion in return for payment in the amount of $1,700,000, and WHEREAS, it is the recommendation of the County Engineer that the Board of County Commissioners enter into this agreement. and WHEREAS, it is nO\l necessary for the County and the Developer to enter into a contract setting forth their respective rights and duties for the improvements as fully set forth in the attached agreement, which is incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO:\MIS- SIONERS OF PALM BEACH COUNTY, FLORIDA that the foregoing recitals are adopted in their entirety and the Chairman and the Clerk of the Board of County Commissioners are authorized to execute the attached agreement in duplicate. , I I .1 " I, I I I, II I' I' ,! 'I !I !I I' II Ii 'I I I I 11 I , ,I The foregoing Resolution was offered by Commissioner Koehler' who moved it adoption. The motion was seconded by Commission~r Bailey, and upon being put to a vote, the vote was as follows: FRANK \I. FOSTER NOR}lAN R. GREGORY PEGGY B. EVATT DENNIS P. KOEHLER BILL BAILEY - Aye Aye - Aye - Aye - Aye The Chairman thereupon declared the resolutiDn duly passed Decembc:r 1981. and adopted this 22nd day of APPROVED AS TO FOR}! AND LEGAL SUFFICIENCY __ / / ~----7 /_;;;/- // ;:?:;<'/. /;~~~'/--/ County Attorney PAUi BL\CH COUNTY, EGRIDA, BY ITS BOARD GF CG'U"lTY m~!}\ISSIONERS JOH~! B. DlmKLr., Clprk r:\.,..- . y'/ / ' By:./ /.2./1 i.~//. Deputy Clerk . ....-. Exhibit "0" ..' \ ~ l\G;<l~I':;.lLi,IT i.'(Ji~ !\O,\l),:/\',,-' Il.iPi'UVSi.1L~~TS TlIIS r~GHEE:.1Ei,lT, l11ath: tl1i.!) .:c~ j : ." .. f ( a Y t) t ~t\J '; ,., : Yr' h..: f J" , 1981, by und iJe t.",,,,"11 PAL,\1 lJE^Cil COUI'JTY, u pol i tical subdivision of the State of FloLi<3a, heLcin LefeLL'od to as "COUNTY" and ilO~lART-[JOYNTON ASSOCIATES, and ED;di,RD J. De[JARTOLO CORPORATION, cOl-poLations ex istiJ1Cj undeL the la'.;s of the State of FloLida, heLein LefeLLed to as "DEVELOPER". i'IHEREAS, on SeptembeL 12, 19713, the [JoaLd of County Comm is,s ione LS of Pa 1m Beach Coun ty appr:ove:'d the Pe tit ion of HomaLt-Boynton Associates, by Resolution No. R-713-1132, fOL a Special E:-:ception to allow a Reg ional Shopping Center: on pr:opeLty located on the '.Iest side of Congl:'ess Avenue and on the NOLth side of Old Boynton Road, said appLoval containing numer:ous conditions of appl:'oval Leluting to tLaffic impa,cts that weL'" Leasonably calculated to be caused by the pLoposer'l development; and \'IHEREAS, DEVELOPER now seeks to annex the:' pLoject inl0 the City of lJoynton Beach PULSUul1t to FloLida Statutes, Cha,)teL 171; and WHEREAS, FloLida. Statutes, Section 171.062(2) pLovides tha.t, if any aLe a to be annexed into a municipality was subject to County Zoning Regulations, the<1 said regulations shall remain in full affect until otherwise provided by law; and WHEREAS, FloLida Law provides that the municipality into which the annexation is sought 1S not authorized to increase or decrease the intensity of the Zoning permitted under the County's regulation fOL a peLiod of t'NO yeaLs unless the .pLoposed change is apPLoved by the COUNTY; and WHER[;AS, FloLida 163.31')<l Statutes, Chaptel- prov ides that af ter a Compreh<:!nsive Plan is adopt,"d by d County, all development undeLlaken by und all actions takc;11 in LegaLd to' rJevelopmen t oLderc; by the COUNTY slldll be consistent with the uuuptcd plan; ilnu "', - . ,., ' 'I~HCP,G/\::;, PLlli:'1 GC:CJCil County 11.:.1:) ,),.lupt"-~rl Lh~ l'):-ji) Comprehensive plew ,;hic;' cont"in,; P('L-[ae:nanclc ,jt':1I1daecJ !lo. 3 requiring that all majar.- tilOr:ou<jhfar:,,;:-; that see!" a Pr:OiJos'cd project not exceed reClsonablf:? und sJfe level~-; of serv lce during and upon completion of the project; and WHE:HEAS, it is now necessar:y fae both parties to agree to certain modifications to the ori<Jinal Zoning petition's conditions and to fully set forth the respective rights and obl igations of each party prior to Palm Beach County's entry of an order approving the annexation under Florida Statutes, Section 171.062(2). IN WITNESS WHEHEOP, the parties agree as follows: 1. DEVELOPER agrees to pay the COUNTY One Million Seven Hundred Thousand Dollars ($1,700,000.00) or to provide a letter of .credit or similar arrangement acceptable to the COUNTY upon which the COUNTY may draw the sum of One Million Seven Ilundred Thousand Dollars ($1,700,000.00) as needed, either of said arrangement to occur within thirty (30) days of the execution oE this Agreement. 2. DEVE:LOPER shall cause to be constructed the following roadway improvements at DEVELOPER'S expense. Both parties agree that this commitment is only Eor the construction of the improvements required by Palm Beach County and that the acquisition of right-of-way including pe rmanen t and temporary easemen ts in connec tion \01 i th sa id improvements other than on the DEVELOPER'S property shall be the responsibility of the COUNTY. utility relocation or adjuslinents within the existing or: pr:oposed public right-of- ways assoc,iated \,ith these improvements, if any, shall also be the COUNTY'S responsibility. All improve:nents in COUNTY right-of-'...ay or areas '...hich will become COUNTY ri'Jht-of-w.:\y uncl('l- the [)t:ollosecl development plan sh.:\ll be constructed as described in [l.:\ra'Jr:aphs 2.:\, 211, 2c i1ncJ 2d below: -2- inteesection a) of The DE'Jl':LUPi':P, ~; 11 ,-I 1 1 CUl1stcuct Oit t I, " Ne\-J Doyn ton i\Qad ,")tl:J 1,1-:111 t\CC(~.--;;; "o,ld IIU" dual left tuen lellloS ellld eiyilt tUl'n 1,1l1l~ IWl'tll elppcoach. b) The DEVELOPER shedl constl'uct at the inteesectioll of Old Boynton Road elnd 11,dl i\ccess Road "[J"; i) Le f t tuen lanes north and south approach. ii) Left turn leln'" '.vest approach. ii i) Right turn lane east approach. c) The DEVELOPER will construct at the inteesection of Old Boynton Road and Access Road "A"; i) Left turn lane west approach. ii) Two-lane north approach. iii) Right turn lane east approach. d) The basic requirements and conditions for the improvements set forth above will be as follows: i) The improvements will be consteucted as a rural section with the possible exception of isolated and limited cueb and gutters which shall only be requie2d when curb and gutter 1S the only engineering solution that will cause the said road'..;ay improvements to function properly. ii) The improvements will be constructed with open deainage and with only normal ditch section with the possible exception of isolated and limited enclosed storm se\Vers '",hich shall only be required when enclosed stol'm se\Vers are the only enlJineering solution that will cause the said improvements to function properly. No ,;id,,\Valk Ol' bike paths. OverLl1' and add to existing p,)vcmcnt. i i i ) iv) -]- .'../~. 1,.(;" ". ~. . . .~.'. . . v) lio stre:et lirJhtinrJ. '11) Storm seWl:r improv<cment limit'crJ to extension of cxi:;ting culvert crossIng. vii) In the event the construction of the said roadVlay improvements by the UEVELOPER results in additional requirements being imposed by governmental regulatory agencies, the COUNTY will assist the DEVELOPER and cooperate fully with the DEVELOPER in satisfying such additional require- ments. 3. . The part ies ag,ree tha t the DEVELOPER will construct a two-lane connector road on an 80 foot right-of-way provided by -the DEVELOPER, said road to be constructed to COUNTY standards and to be located between Old and New Boynton Roads as shown on Exhibit "A" attached hereto. This road and the right-of-way shall be dedicated to the COUNTY and accepted by the COUNTY for maintenance and other purposes upon completion. section. This roadway will be constructed as a rural 4. The COUNTY agrees that the obligations agreed to be undertaken by the DEVI::LOPER in Paragraphs 1 and 2 are in lieu of the requirements relating to roadway construction contained within Resolution No. R-78-1132 (attached hereto as Exhibit "13"). The COUNTY fur'ther agrees that the faithful performance and completion by the DEVELOPER of his obligations shall relieve DEVELOPI::R of the roadway improvement obligations (with the exc8l'tion of conditions 14, 18 and 20) contained within Resolution No. R-78-1132. 5. In consideration of DEVELOPER'S commitments contained herein, COUUTY agrees to make the following rOddway improvem'.!nts at COUUTY'S expense subject to the provision~; contained within Pat"ogral'h 9: -4- -.- a) P'::llal B(~<.lch ,'~~()'Jnt'l ~.i:l.1 L L con:~tcIJct Cf)n(Jr(~:;., Avenue uS u fout.:--lunt~ t"()<.ldwl)'/ '.vi.th 1f1..::Jian [("()Ill I\CC0S;-:) Road "E" theouyh the intel"e;'"ction \;ith iJ<..,,; Goynton Road (S.P.. 804) . b) Palm Beach County shdll consteuct at th,:, inteescction of New Boynton Road (S.R. 804) and Con'Jees:; Avenue; i) Dual left tuens noeth and south approach. ii) Right turn lane cast approach. c) Palm Beach County shall construct New Boynton Road as a four-lane eoadway with median from CongLess Avenue to Access Road 'ISll. d) Palm Beach County shall constLuct at the intersection of New Boynton Road and i1all Access Road "B"; i) Left tULn lane west appLoach. ii) Right tULn lane east appLoach. e) Palm Beach County shall constLuct at the inteLsection of Old Boynton Road and CongLcss Avenue; i) Right tu Ln lane cast appLoach. i i) Le f t tULn lane all apPLoaches. f) Palm Beach County shall constLuct at the intersection of CongLess and Access Roads liE", liD" , and I'C" ; i) Left tun\ lane south appLoach. ii) Right tULn lune nOLth appLoach. i i i ) Rig h t __ and I eft t urn 1 a n e s we s t approach. (as shown on Exhibit "C") g) Palm Beuch County shall construct at the intersection of Old Boynton Road and New Boynton Road; i) Righ t tu en lane cas t appLoach. ii) Left tuen lane north uppLOdCh. h) Palm Beuch County shall install si'jnalization .:it the follovlin'J intersections with the initial phuse of constt'uction of the mClin shoppil\<] mall; i) Con(Jt:ess ^V0nu\~ und i\cccss Road "D". , . 1 d' R "8" . il} NC\-J.13oynton Ro.}( an r\CCf;SS ,-Dud -5- i i i ) Old Boynton [(odd and l\CC!)SS ROCl(J "13". iv) Old Boynton I~o<.ld dnd CorFJt:""SC; Avenue. v) Upgrilde !Cxistin'J Si,)nill at 1)'2'1 Boynton Road and Congt:"ess Avenue. i) Palm Beach County Shilll install signali~a- tion when warranted, as determined by the County Engineer, at the following intersections: i) Congress Avenue and Access Road "CR. ii) Congress Avenue and Access Road "E". i i i) Old Boynton Road and Access Road "A". 6. COUNTY acknowledges and agrees tha t the roadway construction program outlined in this Agreement is in lieu of rs.1Jp/roadway obligation Y~~^conditions set forth in Resolution No. 78-1132 and that subject to the voluntary annexation of the project into the city limits pf' Boynton Beach, Florida, the execution of this Agreement constitutes official action by the COUNTY to relieve DEVELOPER of all remaining conditions (with exception of 14, 18 and ~O) in said Resolution. 7. COUrny ackno\vledges that the road"ay improvement program set forth in this Agreement "ill bring the roadYlay network serving this proposed development into compliance with Performance Standard No. 3 within the Palm Beach County Comprehensive Plan and that Palm Beach County will not object to the voluntary annexation of the Shopping Center site including the easterly out parcels, all of Which is described specifically in Exhibit "A", i-nto the City of Boynton Beach, on the basis of traffic generation and will grant permission to annex the development according to the Site Plan (Exhibit A) which includes the following modifications: a) Due to the requirements of Governmental Regulatory Authot:"ities, the Wi1tet:" retention i1rei1S have been substi1ntially enlarged, thus enli1rging the i1ctUi1l site of the center. HOH(:VCCt this moditication Hill not lncrcasc the SLJUi1re Eooti1ge o[ buildabl,-, Clreil ilS originillly proposed to Palm Beach Coun to' or as a llowed by Chapte t:" 3U 0, F lor ida Statutes, or d Uevelopment Order issued thereunder. -6- .~ .. . b) The ,;ho!l7in'j ':',nV:I' '~it'" I,Cl.; ;)'?en '31i'Jht increased to satisfy p<1ckinj t-(.:quirr':ln<~nt:;. ;rC)'.\'C'V'~L, suell increc1se will not a[lr~ct Ulj~ ~(l,-ldC'~ fooLJ<J(~ ot l)uild,.1blc i)t"c,J, 1n the project as originally praposed or as allowed by Chapter 380, Florida Statutes, or a Dcvelopment Ordel- issued thereunde r. c) the out parcels ",hich are presently zoned Agricultural, will be rezoned by the City of Iloynton Beach to Commercial. The COUNTY specifically reserves the right to comment on any Site Plan offered to the City of Boynton Beach at the time of annexation that contains significant modifications other than those set Eorth in subsections a, b, or c of this paragraph or as shown on E:{hibit "A". 8. The COUNTY agrees that it will not impose additional traffic conditions at the time of annexation under the requirements of Florida Statutes, Section 171.062(2) or: Palm Beach County Or:dinance No. 81-6, Traffic Pel-[or:mance Standar:ds, if the Site plan for the pr:oject is as oLisinally by Palm Beach County OL as modified pursuant to approved Pa rag r:aph 7 above OL is in ba sic conformance wi th .Exhibit "A". 9. Both parties agr:ee that the One i'lillion Seven HundLed Thousand Dollars ($1,700,000.00) payment contained within ParagLaph l shall be used by the COUNTY to pay the costs (including acquisi tiol). of right-oE-way and peLmanentj temporary easements) oE constructing the improvements designated to be constr:ucted by the COUNTY under this Agreement. The parties to this Agreement recoynize that the paymen t descr ibed in Pel rag r:iJph l toye the r with funcl s iJl read y budgeted by the COUNTY for improvements to Congr:ess Avenue are sufficient to cover: the costs oE the im,ll:.ovements to be made by the COUNTY. Accor:c1ilhjly, it is not the intention of this Ayr:eement to impose iJnj obligiJtion on the COUNTY to bud'Jot ad valot"..!tn tL1X t',?V(..:I1UC::S fOl" [utUt"e: Y~<1CS lac su,,;h -7- "f ~T.., ..' " , ;: ',..' _ . ' .,0, . improvements. The 'C0U;:TY 'w iLL COil"i)l'~ t'.~ i t:-3 ilOpt.o'/(:lr1c:n ~ within twenty-f0u~ (24) described in pu~ayraph monL:l:; or C;:~CI: i l) t 0 [ the Eund :; 1, with tIll! I': X C (.: ~) t i. () n of th f.~ improvements desc~ibed in Pilrugraph 5(h) unJ 5(i), which shall be completect according to the terms o[ that paru~ruph. 10. This Agreeloent constitutes the entire agreement between the parties and may only be modified by subsequent, written inst~ument signed by both pArties. 11. Force Majeure - The time for the performance of DEVELOP ER o~ COUNTY 0 f any term, prov is ion or covenan t 0 f this Agreel;\ent shall be deemed extended by time lost due to delays resulting from acts of God, strikes, unavailability of materials, civil riots, floods, unavailability of required materials or labor, restrictions by governmental authority, other than COUNTY for those obligations of the COUNTY, or any other cause not within the control of DEVELOPER, as the case may be. 12. I^lords of Gender, Etc. I'lherever herein the the usr= of the singular shall include of masculine shall includr= the feminine context so requires, 1:he plural, the or the neuter use and the use of represr=ntative shall include trustee, receiver, executor, etc. 13. Applicable governed by and construed State of Florida. 14. Integration This instrument whole ag reelnr=n t of the parties and the re are terms, conditions or obligations other than Law This Agreemr=nt shall in accordaC\ce ",it:' the lavls of be the embod ies the no promises, thosl3 herein contained. This Agrr=emr=nt shall supr=rsedl3 all previous communications, discus~)ions t repcesentlltives I advectisem<=nts r brochures, proposClls or agrr=emr=nts, either verbal or written, betwl3en the parties hereto and not hen=in cont,~ineJ. 15. 5r=verability - In thr= eVl3nt thClt Clny pal-t, ter;n or fn-ovi.3ion of tili,; i\0""ee:nent is by a COUl-t of co,npetr=nt juri:;diction [ound to b(~ illr;'JCll, the validity oE the -8- ..\, ,. ." " remaining portions and provisilws Shill 1 not be affe,cted and the rights and ouligations of the partH's shall be construed and enforced as if this Agreement did not contain the particular part, term or provision held to be so invalid. 16. Failure to Annex If thf~ anticipated annexation by the City of Boynton Beach fails to occur, then the obligations of the parties with respect to the traffic improvements shall remain in full force and effect. The DEVELOPER will be permitted to proceed with the development of the property as a shopping center or mall with up to 1,108,000 squa~e feet of gross leaseable area plus the development by the Developer, its successors, ~ ..-:;.-' , ::<<1 transfer r of the four out parcels subject to zoning, and that the parties hereby agree that assigns or for commercial purposes, no additional traffic or roadway improvements are required and that Palm Beach County Ordin~rice 81-6 will be satisfied with the construction of the improvements described in this Agreement.' 17. Coun terparts - Th is Ag reemen t may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN vlITNESS IIHEREOF, the parties hereto have set their hands and seals on the date above written. (SEA:") PALM BEACH COUNTY, FLORIDA, BY ITS BOARnOUllTY, ( .<~~~ONEl{S r-,B~~~-(-7~/ ~Sfl'alrman / DEe 22 '\98\ ATTEST: JOHN a. DUNKLE, CLERK ~, '/ //; / .. By~,,~>;;7( ~L, ,(-..1-, ,,) Deputy Clerk ~r"tJ' 1~'Sh~,. "...L .u...L. \'1 \', I' \'~' I I \ /' \\\ I, I 1':/'1\," '\ IJ\, U"JI' I~,\' By _~L0" \ \.v \) G~ V-' .J secret~rY1ASsistan~ Secretary (SEl\L) U , , - AT'n:ST: ' 'I' (\ ~,\ I ,,~;1 \ ,\ \:0 \ (\ I By \ \;-\V \\\j\)\\ ) :j~i V 'Secret9,~y/Assistant secretary .J " HOMART-BOYNTON ASSOCIATES, BY: BOYNTON BEA~H, INC., a ge\~~far~n1rp J By \r:-f:J ~/L ~ p6~s/ideht (/ ED\-iA~',' J,' DC, AR \ . '_ I., B \~\1- il.. y~_.::~./" Vrce PrE' ident CORPORATION (SEAL) \ . APPROV~D AS TO FOl{M AND LECi\L SUF.r'ICIEtlCY ~ --/ //--/' ,~- Byf, - - ---/,:---. ~-, -/ ounty Attorney -9- AGE N DAM E M 0 RAN DUM TO: City Manager's Office FROM: City Planner SUBJECT: City Council Agenda for Re'gular (wkshop or meetiIJg of Sept.21,19 reg.) (date) Please put the following item on the City Council Agenda for the above c 1. Description: Application for Land Use Amendment and Rezoninq submitted by Homart-Boynton Associates to show two tracts of land totaling 14.4~ acres as local retail and to rezone these tracts from Palm Beach County AG Agriculture to C-3 Community Commercial. The properties are proposed to be developed for commercial and off;c, uses ancillary to the Boynton Beach Mall. o 2. Recommendations: After conducting a public hearinq the Planninq and Zoning Board unanimously recommended that the application for land use amendment and rezoning submitted by Homart-Boynton AssociatE be approved based on a positive recommendation from the City Planner 3. Explanation of Recommendations: The motion to recommend approval was made bv Mr. Wandelt and seconded hy Mr. Hester Documents, detailed cost estimates, maps, etc., supporting each-item ShOl be attached and be reproduced in sufficient number for' the City Manager and each Council Member to receive a copy. (' ./,~ ..-r/_ A:.A--.t':. Department ~d Carmen S. Annunziato, City Planner * Return this form with supporting documents by noon Wednesday for reguiar meeting. MPC/6/81 ~ , ) I I' r ( , PETITION FOR VOLUNTARY ANNEXATION Out-Parcel #2 (7.87 ac) and #3 (6.54 ac) Petitioner, Homart-Boynton Associates, a Florida General Partnership, submits to the City Council of the City of Boynton Beach, Florida, this, its Petition for Voluntary Annexation, and states as follows: 1. Petitioner is the owner of certain real property, herein- after referred to as the "Property", situated in Palm Beach County, Florida, and shown on Exhibit "A" more particularly described in Exhibit "B-1" and "B-2", ~ttached hereto. 2. The City of Boynton Beach has jurisdiction to annex the Property pursuant to Chapter 171, Florida Statutes, in that: a. The property proposed to be annexed is in the unincorporated area of Palm Beach County; b. The property proposed to be annexed is reasonably compact and is contiguous to the present corporate boundaries of the City of Boynton Beach; and c. Annexation of the property proposed to be annexed shall not result in the creation of enclaves. 3. Petitioner submits this Petition for Voluntary Annexation with the understanding that it shall be specifically contingent upon the following conditions: a. Rezoning of those portions of the Property now zoned Agriculture to Community Commercial, Category C-3. b. Adoption of a resolution by the County Commission of Palm Beach County consenting to the rezoning of the Property and including a finding of consistency with the Palm Beach County Comprehensive Plan. c. Adoption of a development order, pursuant to Section 380.06(14) {e}, Florida Statutes, incorporating the provisions of Resolution No. R-74-343, a copy of which is attached hereto as Exhibit "C". , ( ( d. ,~greement by the City to adopt the necessary approvals by the City to permit development of the Property for any commercial use permitted.in zoning Category C-3 and such approvals shall include, but not be limited to, the construction of buildings not to exceed four (4) stories or a maximum of forty-five (45) feet in height as defined in the City of Boynton Beach Zoning Regulations. e. Agreement by the City ~~at no traffic improvements other than those that are the obligation of the Developer as set forth in the Agreement attached hereto as Exhibit "0" will be required to permit development of the Property in accordance with the provisions o~ Paragraph 3 d of this Petltion. f. Acceptance by the City of the conditions set forth in the Petition for Voluntary Annexation of adjoining property attached hereto as Exhibit "E" and the petition for voluntary annexation to be filed on the property described on Exhibit "F". 4. In return for the acceptance by the City of Boynton Beach of the Petition for Voluntary Annexation, petitioner agrees to provide or have provided the improvements as set forth in the Agreement attached hereto as Exhibit "D". 5. Petitioner reserves the right to withdraw or to modify this Petition (including exhibits) for Voluntary Annexation at any time prior to enactment of the ordinance required by Chapter 171.044(2), Florida Statutes, annexing the Property. , 6. Agreement that rezoning, site plan approval, all required variances and special exceptions, property subdivision, etc., will be processed concurrently with this petition, so that final approval of all of these matters by the Boynton Beach City Council (the "Council") will occur at the same meeting at which final approval by the Council of the annexation occurs. WHEREFOR~, Petitioner respectfully requests that the Property be annexed into the City of Boynton Beach, Florida. , :-i-_"' , DATED this ( 9nl day of ( JuU{ ,1982. HOMART-BOYNTON ASSOCIATES (a Florida General Partnership) by BOYNTON BEACH, INC. 1 aging Part er Gl~ By - Vice Presi By J ~" RESOLUTION NO. R-7Ij- 343 RESOLUTION APPROVING DEVELOP~lENT OF Rl:GIOllAL Il~PACT '11 'f; IVHEREAS, the Board of County Commissioners, as the govcrnlng body, pursuant to the authority vested in Chapter 163 and Chapter 125, Florida Statutes, and Chapter 70-863, Laws of Florida, Special Acts of 1970, is authorized and empowered to consider petitions relating to zoning; and HHEREAS, the Board of County Commissioners, as the governlng body of local government having jurisdiction, pursuant to Chapter 380.031 and Chapter 380.06, Florida Statutes, is authorized and empowered to consider applications for development approval of developments of regional impact; and WHEREAS, the notice and hearing requirements as provided for in Chapter 402.5 of the Palm Beach County Zoning Code Ordinance No. 73-2 and Chapter 380.06 (7) have been satisfied; and . ?l./- ~ 0 WHEREAS, Petition No. DRI-74~2_was presented to the Board of - ~ County Commissioners of Palm Beach County at. its public hearing con- ducted on 25 April 1974. ." NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMIS- SIONERS OF PALl1 BEACH COUNTY, FLORIDA, assembled in regular session this 25th day of April, 1974, that Petition No. DRI-74-2 by The Edward J. DeBartolo Corporation for development approval of a development of regional impact of a parcel of land lying and being in Section 19, Township 45 South, Range 43 East, more particularly described as follows: a tract of land beginning at the Southwest corner of Tract 38, as shown on the plat of Section 19, Township 45 South, Range 43 East, \reCOrded in Plat Book 7, page 19; thence run Horth 00 51' 51" Vlest ~assUmed), along the West line of its Northerly extension of said Tract 38, a distance of 1332.27 feet; thence run South 870 58' 21" West, a distance of 20.0 feet; thence run !1orth 0051' 51" 11est, a distance of 1191.31 feet; thence run !1orth 880 S' 26" East, a distance Exhibit "e" . .' of 1800.0 feet; thence run South 00 59' 39" East, a distance of 472.86 feet; thence run Horth 880 5' 26" East, a distance of 750.84 feet; thence run South 00 59' 39" East, a distance of 90.01 feet; thence run South 8805' 26" \-Iest, a distance of 856.73 feet; thence run South 43032' 54" West, a distance of 57.02 feet; thence run South 0059' 39" East, a distance of 529.99 feet; thence run South 46027' 6" East, a distance of 56.11 feet; thence run Harth 8805' 26" East, a distance of 856.73 feet; thence run South 00 59' 39" East, a distance of 90.01 feet; thence run South 880 5' 26" West, a distance of 856.73 feet; thence run South 430 32' 54" West, a distance of 57.02 feet; thence run South 00 59' 39" East, a distance of 529.99 feet; thence run South 46027' 6" East, a distance of 56.11 feet; thence run North 8805' 26" East, a distance of 856.73 feet; thence run South 0059' 39" East, a distance of 90.01 feet; thence run South 8805' 26" Hest, a distance of 856.73 feet; thence run South 430 32' 53" West, a distance of 57.02 feet; thence run South 00 59' 39" East, a distance of 581.62 feet; thence run North 890 46' 34" Hest, a distance of 1640.0'feet to the Point of Beginning. Said property located on the south sieJe of Lake Worth Drainage District Boynton Canal and on ~he west side of Congress Avenue, containing approximately 103 acres~ was approved as advertised, ,- subject to the following special conditions: Developer shall: 1) provide continuous left turn lane on Congress Avenue from south of State Road 804 to just north of project; 2) provide channelized right turn lanes on Congress Ave- nue into the three (3) entrances to Congress Avenue north approach; 3) install signals at all entr~nces to the site except the west entrance and Old Boynton Road; 4) provide at the intersection of Old Boynton Road and Congress Avenue: a. left turn lane south approach b. si~nalization installed by developer; 5) provide at the intersection of State Road 804 and -2- : ~ -,; entrance road extension: a. ri~ht turn lane east approach b. left turn lane we~t approach c. right and left turn lanes north approach; , 6) provide at the intersection of Congress Avenue and State Road 804: a. signalization up-graded by the developer b. right, thru, and left turn lanes all approaches; 7) all signals on Congress Avenue shall be progressive linked; 8) receive approval of drainage from the Lake Worth Drainage District; 9) preserve the pine area located on the subject property; 10) Boundary Plat shall be filed. BE IT FURTHER RESOLVED that a copy of this resolution (Develop- ment Order) shall be transmitted to the State Land Planning Agency, the owner or developer (petitioner) and a courtesy copy furnished to the South Florida Regional Planning Council. The foregoing resolution was offered by Commissioner ,leaver who moved its adoption. The motion was seconded by Commissioner Harren , and upon being put to a vote, the vote was as follows: Robert F. Culpepper E. Vi. Weayer Robert C. Johnson George V. Warren Lake Lytal - Aye - Aye - Aye - Aye - Aye The Chairman thereupon declared the resolution duly passed and adopted this 7th day of I.loy , 1974, confirming action of 25 April 1974. APrRO\/E~ AS TO FO~c.' MID I ,r.'.-,J ~IO[c'r'''''y ~.. "'~~ I/.",~ . ..c:. .",;.r~__~':'":5 ~-:._~ ...1 I _rj ~L ",:l~;::ll C(j:.J;;~.\ /,I,:i:lcJ PALM BEACH COUNTY, FLORIDA BY ITS BOARD or COUNTY COmnSSIONERS JOHN B. DUNKLE, Clerk ~ . -:7,/ By .'2-.ut. .J ~4-/ /:) . Deputy Clerk ?(/.J-t~ ..:-".....:1.-.:... rrrll II ; , Ii I , ., I, . II " II il ., II " I' " , d I' l' ORDINANCE NO. 82- fS AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS C-3 COMt1UNITY COr~RCIAL PRO- VIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, ii , Revised " Ii has heretofore adopted Ordinance No. 80-19, in which a Zoning Map was adopted for said-City; and " WHEREAS, the City Council of the City of Boynton Beach, simultaneously herewith adopted an Ordinance annexing a parcel of ;! i ~ j, land " I' more particularly described herein into the City limits of I:said City. Ii II I j requested I WHEREAS, the owners and agents of said property have the above mentioned zoning category; and , WHEREAS, the Planning and Zoning Board of the City of ',Boynton Beach, Florida, has heretofore approved said development :'and has recommended approval thereof; and j: WHEREAS, the City Council deems it the best interest 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 COUNCIL OF I THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the following described land, located in the City of Boynton Beach, Florida: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT nAn) , be and the same is hereby zoned C-3 (Community Commercial) . Section 2. That the application of Homart-Boynton Associates, as owner for rezoning of subject tract is hereby granted for the purpose of permitting the development of said land in accordance with the annexation petition and staff j , I comments I I I j attached hereto and made part hereof by reference. !i II I, ;i " I, II t; Ii :1 I' I' , " , " Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. That should any section or provision of I' this Ordinance or a portion thereof be declared by a court of competent )'urisdiction to be invalid, such decision shall not Ii Ii affect the remainder of this Ordinance. 'I I, " " I' II in conflict herewith are hereby repealed. I II I immediately upon its passage. I I I I II II I II I I I I ,j I I I I I I 'I I: Ii II - !,~ ~/7Y Ii c;ity Clerk ~ ii (Corp. Seal) " /: ,I II " II I' " section 5. All Ordinances or parts of Ordinances Section 6. This Ordinance shall become effective FIRST READING this (f ~ /t day of day of , 1982. SECOND, FINAL READING and PASSAGE this ~ , 1982. CITY OF BOYNTON Ii ,I I !I II i' iI I ~ 'I /, Ii /: r; I I 1 , I II j! Ii , " . } , J , '. '. BOYNTON nC^CIJ NlIt.L Pi\!<CF:L t 2 Being a tt';lct of land loc;)tecl South, RClnge -13 East, C0unty further described as.follows: SecUe)!) 19, pa 1m Beach, in of '. Township 45 Floddil "lid Beginning at the southeast corner of Section 19, T 45 S,R 41 E; Thence N 000 59' 39" Iv along the east line of sai<:1 Section 19; a distance of 2028.11 feet to a point; thence 5 ,890 00' 21" IV a distance of 60.00 feet to a point on the westerly right-of-\~ay line of Con':JLess' Avenue, s'1id point being the pr-incipa1 point and place of beginning of the following des~ription: c- Thence S 43"- 32' 54" \1 a distance of 57.02 feet to thence S,D80 05' 26" W a distan~e of 600.00 feet to thence N 000 59' 39" W a distance of 229.99 feet'to thence N Bo" OS' 26" E a distance of 340.00 feet to thence NOD" 59' 39" W a distance of 150.00 feet to tHence S BBo OS' 26" W a distance of 340.00 feet to thence NOD" 59' 39" W a distance of 230.00 feet to thence N 80" OS' 26" E a dIstance of 608.00 feet to thence S 460 27' 06" E a distance Qf 56.11 feet to a the wester-ly right-of-way iine of Congr-ess Avenue; 000 59" '39" E along the wester-ly right-of-way Congr-ess Avenue,' a distance of 529.99 'feet ~o the point and place of beginning and containing 7.87 land, more or- less. I , j 1 BOYNTON DEACII MALL PARCEL 113 '. Being' a tr-aet of land loc<lted South, R;inge 43 East, County further- described as follows: , . in of Section 19, Palm Beach, a poin t,; a point; a point; a point; a poin t; a poin t; a point; a p::>int; point ')n 'thence S line of pr:incip'\l acr:es of TO\-Jfl Sil i P .15 Flol'ida a ncl , . Beginni~g a~'the southeast corner- of Secti0n 19, T 45 S,R 43 E; Thence N 000 59' 39" Iv along the east line of s",jrj Section 19" a dista'nce of 2720.11 feet to a point; thence 5 890 DO' 21" Iv a distance of 60,00. feet to a point ,on the wester-ly right-of-way line of Con9['css Avenue, S'1 id point being the principal point and place of beginning of the fol10wi,ng description: c' Thence S 430 32' 54" W a distance of 57.02 feet to thence S 880 OS' 26" \v a distance of 430.00 feet to thence N 000 59' 39" W a distance of 609.99 feet to thence N 88" 05' 26" E a distance of 430.00 feet to thence S 46" 27' 06" E a distance of 56.11 feet to a the westerly right-of-way line of Congr-ess Avenue; 000 59' 39" E, along the westerly' right-of-'.-Jay Congress Avenue, a distance of 529.99 feet to the point and l}lace of be9inning and containing 6.54 land, mor-e or less; . EXHIBIT A " " " a point; a point; a point; a point; point on thence S line of pr-incip?l acres of . ORDINANCE NO. 82- 7'.2. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY ORDINANCE SIMULTANEOUSLY HEREWITH WHICH IS MORE PARTI- CULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMt1ERCIAL POTENTIAL TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, had adopted a comprehensive Land Use plan and as part of said Plan, a land use element by Ordinance No. 79-24, in accord- ance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly described hereinafter is being annexed in accordance with an application by Homart-Boynton Associates through its agents, into the City by Ordinance being adopted simultaneous herewith; and, WHEREAS, the procedure for amendment of a Land Use Element of Comprehensive Plan is set forth in Florida Statutes ~163.3l84 has been followed; and, WHEREAS, after public hearing and study, the City Council deems it in the best interest of the inhabitants of said City to amend the aforesaid Land Use Element of Comprehensive Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the land use of the following described land which is being annexed into the City of Boynton Beach, Florida, by Ordinance simultaneously here- with shall be designated Local Retail. Said land is more particularly described as follows: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT nAn) Section 2. That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. ..-- Section 3. That 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall become effective upon its passage. FIRST READING the /f . day of , 1982. SECOND, FINAL READING and PASSAGE this day of ~ , 1982. CITY OF BOYNTON BEACH, FLORIDA --- & ATTEST: ~~ City Clerk (Corp. Seal) , '. BOYNTON 8r.^ClI ni\l.L P,\HCF;L # 2 Being a tr-~ct of land loc'lterl South, RClnge -13 East, CQunty fur-ther: desc,ib",d as.follov,s: in of. Section 19, Palm Be<lch, TOHnship 45 rlol'ida "nd B~ginning at the southeast corner of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" Iv along the east line of sa id Section 19; a distance of 2028.11 feet to a [Joint; thence 5 090 00' 21" Iv a distance of 60.00 feet to a point on t.he westerly right-of-Ivay line of ConlJr:ess Avenue, s'1id point being the pr:incipal point and place of beginning of the following des~r:iption: ( Thence S 430 32' 54" W a distance of 57.02 feet to a point.; thence S 880 05' 26" I, a distan~e of 608.00 feet to a point; thence N 000 59' 39" W a distance of 229.99 feet to a point; thence N 800 05' 26" E a d is ta nce of 340.00 feet to a po i n t ; thence N 000 59' 39" W a distance of 150.00 feet to a po i n t; tHence S 380 05' 26" W a distance of 340.00 feet to a po in t; thence N 000 59' 39" Iv a distance of 230.00 feet to a po i n t,; thence N 800 05' 26" E a distance of 608.00 feet to a p::>i n t; thence S 460 27' 06" E a distance a.f 56.11 feet to a point <In the westerly r-ight-of-way iine of Congr:ess A.venuej thence S 000 59'- 39" E along the wester:ly r-i':lht-of-way line of Congr-ess Avenue,' a distance of 529.99'feet to the [Jrincip~l point and place of beginning and containing 7.87 acr:es of land, mor:e or less. BOYNTON IlEi\CfI M^LL PARCEL #3 " Being a tr:act of land locilt'?d South, R"nge 43 East, County further: described as follows: . in of Section 1'3, pa 1m Beach, TO\-JrJsilip ,15 Florida and Beginning at the southeast corner of Section 19, T 45 S,R 43 E; Thence l~ 000 59' 39" t, along the east line of sairj Section 19, a distance of 2728.11 feet to a point; thence S 890 00' 21" \, a distance of 60.00, feet to a point ,on the westerly r-ight-of-way line of Con'.c)1:-ess Avenue, s'1id point being the pr-incipal point and place of b~ginning of the following description: ( Thence S 430 32' 54" W a distance of 57.02 feet to thence S 880 OS' 26" W a distance of 430.00 feet to thence N 000 59' 39" W a distance of 609.99 feet to thence N 800 05' 26" E a distance of 430.00 feet to thence S 460 27' 06" E a distance of 56.11 feet to a the westerly right-of-way line of Congress Avenue; 000 59' 39" E along the westerly right-of-'"ay Congress Avenue, a distance of 529.99 feet to the point and place of beginning and conta tning 6.54 land, mor:e or less; a po i n t ; a po i n t ; a po i n t ; a point; point on thence 5 line of principal acres of EXHIBIT A , ~J, O~-4....J ~ ORDINANCE NO. 82- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS C-3 COMMUNITY COMMERCIAL PRO- VIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; AN EFFECTIVE DATE AND FOR OTHER PURPOSES. I - ! WHEREAS, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 80-19, in which a Revised Zoning Map was adopted for said City; and WHEREAS, the City Council of the City of Boynton Beach, simultaneously herewith adopted an Ordinance annexing a parcel of land more particularly described herein into the City limits of said City. WHEREAS, the owners and agents of said property have requested the above mentioned zoning category; and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development and has recommended approval thereof; and WHEREAS, the City Council deems it the best interest 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 COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the following described land, located in the City of Boynton Beach, Florida: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT nAn) be and the same is hereby zoned C-3 (Community Commercial). Section 2. That the application of Homart-Boynton Associates, as owner for rezoning of subject tract is hereby granted for the purpose of permitting the development of said land in accordance with the annexation petition and staff comments attached hereto and made part hereof by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. section 4. That should any section or provision of Section 5. All Ordinances or parts of Ordinances I I I - I I I I I this Ordinance or a portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. in conflict herewith are hereby repealed. Section 6. This Ordinance shall become effective immediately upon its passage. FIRST READING this day of , 1982. SECOND, FINAL READING and PASSAGE this day of , 1982. CITY OF BOYNTON BEACH, FLORIDA, BY: Mayor vice Mayor Council Member Council Member Council Member City Clerk (Corp. Seal) 'j~ / ( ( , , 5/5/82 I Tle f Dwg) (_; n 2) '. " BOYNTON nC^CIl NflLL PARCF;L #2 I3eing a tr-'lct of land lac", ted in South, R'ln'le -13 East, CQunty of further- descr-ibed as,follows: Section 19, Pa 1m Beach, TovlOsl1ip 45 Florida and Beginning at the southeast cor-ner of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" W along the east line of sa irl Section 19, a distance of 2028.11 feet to a point; thence 5 890 00' 21" Iv a distance of 60.00 feet to a point on t.he westerly r-ight-of-way line of Con<Jz:ess flvenue, s'1id point being the principal point and place of beginning of the following description: Thence S 430 32' 54" W a distance of 57.02 feet to a po i n t; thence S 1380 05' 2611 W a distance of 608.00 fee t to a po i n t ; ( thence N 000 59' 3911 W a distance of 229.99 feet t.o a point; thence N 8130 05' 26" E a distance of 340.00 feet to a poi n t; thence N 000 59' 39" W a distance of 150.00 feet to a po i n t ; thence S 880 OS' 26" W a dista'lce of 340.00 feet to a po i n t ; thence N 000 59' 39" W a distance of 230.00 fee t to a po i n t ; thence N 8So 05' 26" E a distance of 608.00 fee t to a po i n t ; thence S 460 27' 06" E a distance o.E 56.11 feet to a point on the westerly r-ight-of-way fine of Congr-ess flvenue; thence S 000 59" 39" E along the westfOrly right-of-way line nf Cong r-ess Avenue,- a distance of 529.99. feet to the pei nc i p"ll point and place of beginning and con ta in i ng 7.87 acr-es of land, mor-e or less. ( Exhibit "B-1" / ( ( . ' 3/3/82 ( Re f Dwg) ('A -1 '. BOYNTON llE,'CIl M^LL PARCF:L #3 Being il. tr-act of land locClted in South, RClnge 43 East, County of fur-ther- described as follows: . Section 1'), pa 1m Bei'lch, 'fOWlsilip 45 FlorirJa and , Beginning at the southeast co['ne[' of Section 19, T 45 S,R 43 E; Thence H 000 59' 39" \-1 along the east line of sairi Section 19, a distance of 2728.11 feet to a point; thence S 890 00' 21" \-1 a distance of 60.00, feet to a point on the wester-1y right-of-way line of Con'Jress Avenue, sa id point being the pr-incipal point and place of beginning of the following descr-iption: Thence S 430 32' 54" thence S 880 05' 26" thence N 000 59' 39" ( thence N 880 05' 26" - r A/:'" 0 .,." ()hll a, W a distance of 57.02 f",et to a po i n t ; W a distance of 430.00 feet to a point; W a distance of 609.99 feet to a poi n t; E a distance of 430.00 feet to a po i n t ; P rl ilistance of 5 G .11 feet to a point on J" t ,-/ -,' REGULAR CITY COUNCIL MEETING JUly 20, 1982 l.. '\ J ~> VII. DEVELOPMENT PLANS: Request to accept applications and for City planner to follow timetable to accomplish appropriate procedures for Annexation, Rezoning, Land Use Amendment 1. Boynton Beach Mall 2. Boynton Beach Mall Peripheral (Out parcel #2 & #3) 3. First Federal savings and Loan Association of Lake Worth Office Complex . ("~ / I """"&i;' , . l A,C', Date ' ~ ?t P..-------- ~ .TIme 11-._ -- . , ; v;~/ ORDINANCE NO. 82- II AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 79-24 OF SAID CITY, BY AMENDING LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY WHICH IS BEING ANNEXED INTO THE CITY BY 'ORDINANCE SIMULTANEOUSLY HEREWITH WHICH IS MORE PARTI- CULARLY DESCRIBED HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM PALM BEACH COUNTY COMMERCIAL POTENTIAL TO BOYNTON BEACH LOCAL RETAIL; PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISION; AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of Boynton Beach, Florida, had adopted a comprehensive Land Use Plan and as part of said Plan, a land use element by Ordinance No. 79-24, in accord- ance with the Local Government Comprehensive Planning Act; and WHEREAS, a certain parcel of land more particularly described hereinafter is being annexed in accordance with an application by Homart-Boynton Associates through its agents, into the City by Ordinance being adopted simultaneous herewith; and, WHEREAS, the procedure for amendment of a Land Use Element of Comprehensive Plan is set forth in Florida Statutes I g163.3184 has been followed; and, I WHEREAS, after public hearing and study, the City IIcoooei1 deom, it io the be,t iotece,t of the ioh.bitaotc of c.id I I City to amend the aforesaid Land Use Element of Comprehensive I ,Plan as adopted by the City herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That Ordinance No. 79-24 of the City is hereby amended to reflect the following: That the land use of the following described land which is being annexed into the City of Boynton Beach, Florida, by Ordinance simultaneously here- with shall be designated Local Retail. Said land is more particularly described as follows: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A") Section 2. That any maps adopted in accordance with the Land Use Element of said Comprehensive Plan shall be amended accordingly. , . section 3. That 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 4. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall become effective upon its passage. FIRST READING the day of SECOND, FINAL READING and PASSAGE this , 1982. , 1982. day of CITY OF BOYNTON BEACH, FLORIDA By: Mayor Vice Mayor Council Member Council Member Council Member ATTEST: City Clerk (Corp. Seal) ,".1' I , . , ( ( 5/5/82 ( lie f Dwg) ( ,n 2) " BOYNTON BC^CII H^LL P1\RCF:L n2 :: -- Being a tr-"ct of land 10c'3 teo in South, RJnge 43 East, C0unty of fur-ther- descr-ibed as,follows: section 19. Palm Beach, Township 45 Flodda and Beginning at the southeast corner of Section 19. T 45 S,R 43 E; Thence N 000 59' 39" W along the east line of sa irJ Section 19, a distance of 2028.11 feet to a point; thence S 090 00' 21" Iv a distance of 60.00 feet to a point on the westerly right-of-Ivay line of Con<Jr:ess ^venue, s'1id point being the pr-incipal point and place of beginning of the following deScription: Thence S 430 32' 54" W a distance of 57.02 feet to a poi n t: thence S 880 05' 26" W a distance of 608.00 fee t to a point; ( thence N 000 59' 39" W a distance of 229.99 f '?'? t to a poi n t; thence N 800 OS' 26" E a distance of 340.00 feet to a point; thence {. 000 59' 39" W a distance of 150.00 feet to a po i n t ; thence S 880 05' 26" W a distance of 340.00 feet to a po in t: thence N 000 59' 39" W a distance of 230,00 fee t to a po i n t ; thence N 880 05' 26" E a distance of 608.00 f'?et to a p::> i n t ; thence S 460 27' 06" E a distance Q.f 56.11 fe8 t to a point ,)n the westerly right-of-way fine of Congr-ess 1\venue; thence S 000 59' 3911 E along the wester-ly r-i':)ht-of-way line nf Cong r-ess l\.venue, a distance of 529.99.feet to the pdncipod point and place of beginning and containing 7,87 acr-es of land, mor-e or- less. Exhibit "B-1" - I " ( (' 3/3/82 ( fie f Dwg) ( 'A -1 '. BOYNTON IlE/\CII MALL P^RCF:L #3 Bein'l a tr-act of land loc'1ted South, R3nge 43 East, County further- desc~ibed as follows: i.n of Section }9, Pa 1m Beach, To \'111 S ; 1 i P 4 S Florida and . Beginning at the southeast co~ner- of Section 19, T 45 S,R 43 E; Thence N 000 59' 39" 1-1 along the east line of saicl Section 19, a distance of 2728.11 feet to a point; thence S 890 00' 21" \-1 a distance of 60.00, feet to a point on th'2 westerly ~ight-of-way line of COn'jLeSS Avenue, sa id point being the pr:incipal point and place of beginning of the following description: Thence S 430 32' 54" W a distance of 57.02 f'2et to a po i n t ; thence 5 880 05' 26" W a distance of 430.00 fee t to a po i n t ; thence N 000 59' 39" w a d i s ta n ce of 609.99 feet to a po i n t ; ( thence N 880 05' 26" E a distClnce of 0\ 30.00 feet to a po i n t ; thence S 460 27' 06" E a distance of 56.11 fe" t to a point on the wester-ly right-of-way line of Congress Avenue; thence S 000 59' 3911 E along the wester:ly right-of-'.-Iay line of Cong r:ess Avenue, a distance of 529.99 feet to the pr:incipal point and place of beginning and containing 6.54 acr:es of land, more or less. .' ( -- Exhibit "B-2" Uut Parcel #2 & #J BOYNTON BEACH PLANNING DEPARTMENT APPLICATION INFOR}mTION FORM NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Dept. PROJECT NAME: BOYNTON BEACH MALL PERIPHERAL (Out Parcel #2 & #3) Robert J, Schreiber, Vice President AGENT'S NAME: Boynton Beach, Inc" (Managing Partner) ADDRESS: 7620 Market Street P,O. Box 3287 Youngstown, Ohio 44152 PHONE: (216)758-7292 OWNER'S NAME: Homart-Boynton Associ a tes ( A Flori da General Partners hi p) (or trustee's) ADDRESS: 7620 Market Street P ,0, Box 3?87 Youngstown. Ohio 44512 PHONE (216)758-7292 PROJECT LOCATION: NWQ of the Congress Avenue (S.R, 807) and Boynton (not legal descr iption) vres-t Road lntersectlOn CORRESPONDENCE ADDRESS:* (if different than agent or owner) * This is the address to which all agendas, letters and other materials will be forwarded.