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.:'~";-""
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':,Jur.tv '.:nqmeer
December 27, 1983
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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
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''':J~Jn!Y ::m:1lneer
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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 __ ..~.".~_
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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.
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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 /_;;;/- //
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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"
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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
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'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,
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CUl1stcuct
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Ne\-J Doyn ton i\Qad
,")tl:J 1,1-:111 t\CC(~.--;;;
"o,ld
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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.
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iv)
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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-
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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-
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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-
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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-
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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-
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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,
~ ..-:;.-'
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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
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By~,,~>;;7( ~L, ,(-..1-, ,,)
Deputy Clerk
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"...L .u...L.
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By _~L0" \ \.v \) G~ V-' .J
secret~rY1ASsistan~ Secretary
(SEl\L) U
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AT'n:ST: ' 'I' (\ ~,\
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'Secret9,~y/Assistant secretary
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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
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Vrce PrE' ident
CORPORATION
(SEAL)
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APPROV~D AS TO FOl{M
AND LECi\L SUF.r'ICIEtlCY
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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
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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".
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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.
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DATED this
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day of
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,1982.
HOMART-BOYNTON ASSOCIATES
(a Florida General Partnership)
by BOYNTON BEACH, INC.
1 aging Part er
Gl~
By
- Vice Presi
By
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RESOLUTION NO. R-7Ij- 343
RESOLUTION APPROVING DEVELOP~lENT OF Rl:GIOllAL Il~PACT
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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
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County Commissioners of Palm Beach County at. its public hearing con-
ducted on 25 April 1974.
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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"
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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;
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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
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C(j:.J;;~.\ /,I,:i:lcJ
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD or COUNTY
COmnSSIONERS
JOHN B. DUNKLE, Clerk
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By .'2-.ut. .J ~4-/ /:) .
Deputy Clerk
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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
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has heretofore adopted Ordinance No. 80-19, in which a
Zoning Map was adopted for said-City; and
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WHEREAS, the City Council of the City of Boynton Beach,
simultaneously herewith adopted an Ordinance annexing a parcel of
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more particularly described herein into the City limits of
I:said City.
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WHEREAS, the owners and agents of said property have
the above mentioned zoning category; and
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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
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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
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II in conflict herewith are hereby repealed.
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!,~ ~/7Y
Ii c;ity Clerk ~
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section 5.
All Ordinances or parts of Ordinances
Section 6.
This Ordinance shall become effective
FIRST READING this
(f
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day of
day of
, 1982.
SECOND, FINAL READING and PASSAGE this
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, 1982.
CITY OF BOYNTON
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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.
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BOYNTON DEACII MALL
PARCEL 113
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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
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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.
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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
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, 1982.
CITY OF BOYNTON BEACH, FLORIDA
---
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ATTEST:
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City Clerk
(Corp. Seal)
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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
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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
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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.
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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
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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)
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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.
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Exhibit "B-1"
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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
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REGULAR CITY COUNCIL MEETING
JUly 20, 1982
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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
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Date ' ~ ?t P..-------- ~
.TIme 11-._ --
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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
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I City to amend the aforesaid Land Use Element of Comprehensive
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,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.
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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)
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BOYNTON BC^CII H^LL
P1\RCF:L n2
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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"
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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. .'
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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.