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LEGAL APPROVAL oM. .t'1} (~,~-<~, . 'I c:,-, DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-110 TO: Mary Ramsey, Legal Secretary City Attorney's Office FROM: H, David Kelley, Jr., PE/PSM r Civil/Utility Engineer DATE: May 30,2002 SUBJECT: Release of Unity of Title Wal-Mart Outparcel at Wal-Mart Store #2789-00, New SC REF: Engineering Memorandum #01-040, dated 02/23/01 We are in receipt of your memorandum dated May 22,2002 to Jeff Livergood, Director of Public Works, (original attached), which requested a review of a Release of Unity of Title submitted by Douglas R. Girvin, Esq., representing the purchaser of Lot 2 as depicted on the Wal-Mart record plat, recently recorded in the Public Records of Palm Beach County, Florida. We received your memorandum on this date. Although the drafted "Release of Unity of Title" addresses only Lot 2, we believe that Lots 2 through Lot 5 should be released all at once, since the entire Wal-Mart development is now recorded on a record plat (WAL*MART at BOYNTON BEACH, according to the record plat as recorded in Plat Book 94, Pages 140 and 141, Public Records of Palm Beach County, Florida), rather than Lot 2 alone, This will release the unity oftitle encumbered to all of the out-parcels to allow each of them to develop independently. I trust this response will meet your needs. If you have any questions regarding this matter, please contact me at x6488. HDK:ck Xc: Jeff Livergood, PE, Dir. of Public Works Mike Rumpf, Dir. of Planning & Zoning File C:\My Documents\Wal~Mart, Release of Unity of Title.doc CITY OF BOYNTON BEACH oo~~~aw~@ MAY 2 4 2002 PUBLIC WORKS DEPT. MEMORANDUM rQ;~'V TO: Jeff Livergood, Director of Public Works Mary Ramsey, Legal Secretary -: I {j FROM: RE: Release of Unity of Title WalMart DATE: May 22, 2002 Attached is a Release of Unity of Title to be reviewed by Engineering. Once we have the approval from engineering, it will then be brought forward to the Commission. Thank you Jeff. /mr Attachment as noted DOUGLAS RAWLS GIRVIN, P.A. A PROFESSIONAL ASSOCIATION ATTORNEY AT LAW TE:U:P1-40NE (!S611748-6669 TE...'EF....X. (561) 746.7754 SWITE 102. OCEANSIDE PROFESSIONAL CE:NTRE 1080 EAST INOIANTOWN ROAD JUPITER. FLORIOA 33477 ,.,,-,2 May 13, 2002 / / / James Cherof, Esquire 100 E. Boynton Beach Boulevard Soyntol1 Beach, Florida 33435 Via TelefaxlReaular Mail: {561\ 742-6054 Re: Release of Unity of Title Lot 2, Wal*Mart at Boynton Beach Dear Mr. Cherof: I represent Quarterdeck Properties, LC., a Florida limited liability company that received from the City of Boynton Beach last month site plan approval for its construction of a restaurant on Lot 2, Wal-Mart Shopping Center, Plat Book 94, Pages 140 and 141, public records of Palm Beach County, Florida. There exists in the public records a Unity otTilie (recorded in Official Records Book 11757, Page 1, amended in Official Records Book 11463, Page 1510, public records of Palm Beach County, Florida) which purports to except from the operation of the Unity the outparcels; however, the legal description of the outparcels in the Unity does not conform exactly to that contained on the Plat. Consequently, in an abundance of caution, I have prepared and enclosed for your review a Release of Unity of Title intended to remove any doubt that the parcel which my client purchased from Wal-Mart, as described in the plat, is free from the operation of the Unity. If the enclosed is satisfactory, please have it executed by the Mayor and City Clerk of Boynton Beach and return it to my offices for recording. If not, please call me so that we can discuss the modification same. WNI D.R. irvin DR Iclv Enclosure Prepared by/return to: D.R. Girvin, Esquire Douglas Rawls Girvin, P.A. 1080 E. Indiantown Road, Suite 102 . Jupiter, Florida 33477 (this space reserved for recording) RELEASE OF UNITY OF TITLE THIS RELEASE is made and entered into on the day of May, 2002, by the City of Boynton Beach, Florida, a political subdivision of the State of Florida. WIT N E SSE T H: WHEREAS, Quarterdeck Properties, L.C., a Florida limited liability company, owns the following described parcel of real property (the "Property"): Lot 2, WAL*MART at BOYNTON BEACH, according to the plat thereof on file in the office of the clerk of the circuit court of Palm Beach County, Florida, in Plat Book 94, Pages 140 and 141. WHEREAS, the City of Boynton Beach has approved a site plan for the development of a restaurant on the Property and, as a part of said approval, agreed to release the Property from the operation and effect of the Unity of Tille encumbering the entire Wal-Mart Shopping Center site recorded in Official Records Book 11757, Page 1, as amended in Official Records Book 11463, Page 1510, public records of Palm Beach County, Florida (the "Unity of Tille"). NOW THEREFORE, for valuable consideration, the sufficiency of which is acknowledged by the execution and acceptance of this Release, the City of Boynton Beach hereby releases the Properly from the Unity of Tille and declares the Properly free and clear of the operation and effect of same. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year below written. THE CITY OF BOYNTON BEACH, a political subdivision of the State of Florida By: Gerald F. Broening, Mayor ATTEST: By: . Janet M. Prainito, City Clerk .. ." .. --- . - - ~._ n'-.'_ .~. . ___~. _ ~- ---,_ , ..--_:.....---~-' (this space reserved for recording) STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this _ day of May, 2002, by , as the Mayor of the City of Boynton Beach, Florida, who did not take an oath. (Notary public) (Notary Seal) Commission No: My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced STATE OF FLORIDA: COUNTY OF PALM BEACH: The foregoing instrument was acknowledged before me this ~daY of May, 2002, by Janet-- M. Prainito, as the City Clerk of the City of Boynton Beach, Florida, who did not take an oath. (Notary public) (Notary Seal) Commission No: My Commission Expires: Personally Known OR Produced Identification Type of Identification Produced Page 2 ut:VE. .PMENT ORDER OF THE CITY C . 'MISSION OF THErn:::.t~..1 C' v OF BOYNTON BEACH, F...ORIC (.c.vM f{ ~lROJECT NAME: Wal*Mart APPLICANTS AGENT: Kevin M. Roberson P.E., Kimley-Hom and Associates, Inc. APPLICANTS ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3,1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Comer of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administralivs staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .lL HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0' with notation "Included'. 4, The Applicant's application for relief is hereby .lL GRANTED subject to the conditions referenced in paragraph 3 hereof. _ DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. All further development on the property shall be made in accordance with the terms and conditions of this order. \\\\\\\\1111""1/11 "';\\\ o'{ NTOl\! I//~ ..,::::' .;0 a......... (J ~ ... (J "f9rH~1 ~." & ~ ,I? W~o 2:) ~l DATED: /7/~/rdG- .d /99? ,,;u~./Y/.c:;?y.r~;;fn1" '\ \...,"\9..-' ff City Clerk " "'~'O-;IOt- ff J;ISHRDATAlPlao"'09ISHAREDIWP'PROJECTS\Wal ManINWSPIDevekl!> Order CC 7-6-99.doc jI, I "1/'1111 \\\""\\~6 1 , --. L I If;. I{ '. 111\ X c:f-d / f! l Ke ~ COM ~6Nr5 6'( l~l/'PI () C{ ~ ~ 1 -' 6. 7, Other EXHIBIT "E" CONDITIONS OF APPROVAL Project name: W AL MART File number: NWSP 99-003 Reference: Final New Site Plan. Plannin!! and Zonin!! date stamoed 6-1-99. File # NWSP 99-003 DEPARTMENTS rNCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES . , Comments: l. All utilities easements shall be shown on the rectified landscaping drawings X so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LOR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services. either in utility easements or public rights-of-way. FIRE Comments: None X POLICE Comments: None X SNGINEERING DIVISION Comments: 2. At the three driveway entrances. show the sidewalk thm the driveway and X specify that the existing sidewalks will be removed and replaced with new sidewalk a minimum of 6" thick. Also, show the stop bars and signs 4' back of said sidewalk. [LOR chapter 23. Article ILP.J BUILDING DIVISION Comments: 3. Add to the site olan a labeled symbol that represents and shows the location X ~_.----- Page': of ~ File Name Wal-Mart Supercentl File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT of the accessible route that is required between the accessible parking space and the accessible entrance door to the tire and lube area. Please note that at time of permit review the applicant shall provide detailed data on the plans that will verify that the path of the accessible route is in compliance with the regulations of the Florida Accessibility Code for Building Construction. 3. Verify that the crown of road elevations listed within the Site Data are X accurate by including on the site plan elevations of the crown of road at Old Boynton Road and Winchester Park Boulevard. Where applicable, amend the plans to show and specify that the elevation of the finish floor is six inches or more above the crown of the road of the abutting right(s)-of-way. Identify within the Site Data the panel number of the FEMA map that reflected the project is located in a B flood zone. At time of permit, submit a copy of the South Florida Water Management District permit for the project. 4. At time of permit, submit detailed dimensioned drawings of the wall signage. X The total area of all wall signs shall comply with the regulations specified in the Sign Code. 5. Add, to the submittal, detailed dimensioned drawings of the monument sign X located on sheet 2 at the north entrance to the project. The size and design of the sign shall comply with the regulations specified in the Sign Code. Also, add dimensions to sheet 2 that depict the location of the monument sign from the north property line. The Sign Code specifies the minimum sign setback from all property lines shall not be less than ten (10) feet. Amend the plans accordingly. 6. At time of permit review, submit an executed and recorded Unity of Title that X combines all lots and parcels to match the way the property is depicted on the submitted site plan. The unity of title shall not prohibit the land from being subdivided to sell off outparcel sites. Subdivision of land shall comply with the applicable city regulations. 7. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and State fees will be determined at time of permit review. PARKS AND RECREATION Comments: None FORESTERJENVIRONMENTALIST Comments: ,AOn-!o..;/ X />. t.Xlsung I ree ::>cneuu.". J 'M.. .' " , ,. ... Page 3 of ~ file Name Wal-Mart Supercentf File No.: NWSP 99-003 DEPARTMENTS ~ 1 ll\3Jlli~aRt t6 P,(,,'I fa, sr relQcate II1"'5C' tr:ee5 OR (be Eite. Staff will Held ,'rif,.- that the largo; 'Iu4..l;11 vf tn,cs (" ) are Indeed Magnolia ,,~~3. The following n ered trees; 12, 3, I , I ,24, 44, 94, 9 , 99, 103, 104, 105, I ,108 & 112 shou e evaluated e applicant ~e preserv or relocated 0 site if the trees a ore clearly idenJiiitcl, and ar ative trees. (i ak) NOt ( Of'^. el e1fd. Lake Planting Plan ;.;;-- The littoral shelf should be contiguous with the wetland planting zone to encompass 50% of the lake perimeter. COYvc/")!e1eJ An i....igati6ft &}.I:\:;", .',,,ald be desigm,d fUI Iho: lAc plamings. PLANNING AND ZONING Comments: 12. Provide a detail drawing of the following items including dimensions, materials and colors: Typical trash compactor and required screen wall (Ch.9 Sec.IO Par.C.3) -Typical parking and handicapped spaces (City drawing #B-90012).The shortest side of all angled parking spaces to be dimensioned at 18'. City Drawing #8-90013 13. Architectural design guidelines shall be required for site plan approval to ensure internal compatibility and compatibility between future development of out parcels and the adjacent Boynton Commons PCD. Ch.9 Sec. I I Par.A-D. As part of the guidelines, staff recommends a continuous score- line with diamond shaped markings and other decorative details, such as: decorative columns, tiles, architectural fonn and should discourage extreme color contrasts beyond the main entrances and signage. 14, Label all bay doors. Bay doors may not face selected roadways. Ch.9 Sec. I I Par.J.l. An appeal must ,be submitted and obtained for approval to locate the bay doors facing both Knuth Rd. and Winchester Blvd. 15, The subject parcel stilI includes the entire property. If and when the parcel is to be subdivided, the development of an out parcel will require a site plan modification. 16. Project buffer walls shall be CBS and designed similar to the buffer wall at the adjacent shopping center to the east and painted to match the principle color ofWal-Mart (add notes on site plan to document same). 17. Limit blue stripe and blue color (including the wall sign) to main entrances INCLUDE REJECT ~ x x x x x x x x !':'1ge 4 of 4 Fik l'Jame Wal-Mart Supercentt File No.: NWSP 99-003 DEPARTMENTS INCLUDE REJECT and areas enhanced with the E.I.F .S. surface in order to minimize incompatibility with the Boynton Commons Shopping Center which represents the established desirable architectural character that adjacent uses should match, and to be consistent with proposed design standards. IS. Provide to County acceptable Public Facilities Agreement to ensure X completion of or contribution to road improvements required by County for traffic concurrency approval. 19. Provide cross-section or comparable graphic showing that adequate buffering X of the overhead bay doors is attained. Additional landscaping enhancements and berming shall address identified deficiencies. 20. Due to the DCA currently monitoring the subject project for DRI X qualifications, prior to issuance of a permit, provide confirmation from DCA that DRI thresholds are met, or exceeded and begin processing as a DRI. 2l. To maintain quality appearance similar to Boynton Commons and the X Boynton Beach Mall. Outdoor areas along the fa~ade shall be kept free of all vending machines and merchandise (except that displayed as part ofthe garden center) to maintain consistency with appearance of adjacent Uses. 22. To properly soften large wall spaces, tree grate areas shall contain trees as X well as those species shown. 23. Update tabular data to show correct maximum building height (elevation X drawing indicates 39 feet 2 inches). 24. Modify parking data to include entire garden center which must be X accommodated by a minimum of 1 parking space per 5,000 square feet, exclude cart corrals from required spaces, and modify site to provide spaces as needed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS 25. Blue stripe along front fa~ade shall be a maximum of2 feet in width. X y , Perimeter and parking area deciduous trees shall be replaced or X supplemented with tree species that maintain foliage and therefore buffering / characteristics with greater planting intensity in vicinity of overhead bay doors. ADDITIONAL CITY COMMISSION BOARD COMMENTS 26, T& h... d""lclluiu'I;d:- ~A/e t,/"'" J:\SHRDATA\Planning\SHAREO\WP\PROJECTS\WaI Mart\NWSP\cond of approval CC 8~3-99.doc # M.e..- -tM , i 6;)'J 1 f'\IKe . p) . ~ ~~~~r u~VELOPMENT ORDER OF THE CITY COMMI~SION OF THE . "OF BOYNTON BEACH, FLOf PROJECT NAME: Wal*Mart APPLICANT'S AGENT: Kevin M. Roberson P.E., Kimley-Hom and Associates, Inc. APPLICANT'S ADDRESS: 601 21'1 Street, Suite 400 . \ 1 c') j DATE OF HEARING BEFORE CITY COMMISSION: August 3,1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Comer of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT 'C' ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant ..L HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit '0" with notation 'Included'. 4. The Applicant's application for relief is hereby ..L GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. 7, All further development on the property shall be made in accordance with the terms and conditions of this order. \\\\\1\\1111/1/11111 ",\ '{NTO.. ~/", ,:;:. ..,.0 'v ~ ....' v.......... <!} ~ :- (~ ..~~?f\~1 j", <<' ~ ::: 0 /(0 ~\ ~ ~ ~ ~ ;'t:.) T. :t g ~.3 \.. i92.0) 1 ., "0 ..... S- ......... "" ~ , "'L O~\O ",<$' '., \~, 'l'I!/JllIH\\\\\: Other t-..t'~""'~~;'/7" , City Clerk J:\SHROATA\PlannlngISHAREOIWP\PROJECTSIWal MartlNWSPID..elop Order CC 7.o.99.doc DATED: /J,<!a...c .d. /997' . r- EXHIBIT "E" CONDITIONS OF APPROVAL Project name: W AL MART File number: NWSP 99-003 Reference' Final New Site Plan Planning: and Zoning: date stamoed 6-1-99 File # NWSP 99-003 . DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: None X UTILITIES Comments: \. All utilities easements shall be shown on the rectified landscaping drawings X so that we may determine which trees may interfere with utilities. In general, palm trees will be the only tree species allowed within utility easements. Canopy trees may be planted outside of the easement so that roots and branches will not impact those utilities within the easement in the foreseeable future. LOR Sec. 7.5-18.1 gives public utilities the authority to remove any trees that interfere with utility services, either in utility easements or public rights-of-way. FIRE Comments: None X . POLlCE Comments: None X ENGINEERING DIVISION Comments: 2. At the three driveway entrances, show the sidewalk thru the driveway and X specify that the existing sidewalks will be removed and replaced with new sidewalk a minimum of 6" thick. Also, show the stop bars and signs 4' back of said sidewalk. [LOR chapter 23, Article ILP,] BUILDING DIVISION Comments: 3, Add to the site plan a labeled symbol that represents and shows the location X --.--'"'-="- ~- - ._._~--_._- '.'---'-'--'--' ,of -l , >~ Name Wal-Man Supercent. "'-__i'ile No.: NWSP 99-003 r" DEPARTMENTS INCLUDE REJECT of the accessible route that is required between the accessible parking space and the accessible entrance door to the tire and lube area. Please note that at time of penn it review the applicant shall provide detailed data on the plans that will verify that the path of the accessible route is in compliance with the regulations of the Florida Accessibility Code for Building Construction. 3, Verify that the crown of road elevations listed within the Site Data are X accurate by including on the site plan elevations of the crown of road at Old Boynton Road and Winchester Park Boulevard. Where applicable, amend the plans to show and specify that the elevation ofthe finish floor is six inches or more above the crown of the road of the abutting right(s)-of-way. Identify within the Site Data the panel number of the FEMA map that reflected the project is located in a B flood zone. At time of permit, submit a copy of the South Florida Water Management District permit for the project. 4. At time of permit, submit detailed dimensioned drawings of the wall signage. X The total area of all wall signs shall comply with the regulations specified in the Sign Code. 5. Add, to the submittal, detailed dimensioned drawings of the monument sign X located on sheet 2 at the north entrance to the project. The size and design of the sign shall comply with the regulations specified in the Sign Code. Also, add dimensions to sheet 2 that depict the location of the monument sign from the north property line. The Sign Code specifies the minimum sign setback from all property lines shall not be less than ten (10) feet. Amend the plans accordingly. 6. At time of permit review, submit an executed and recorded Unity of Title that X combines all lots and parcels to match the way the property is depicted on the submitted site plan. The unity of title shall not prohibit the land from being subdivided to sell off outparcel sites. Subdivision of land shall comply with the applicable city regulations. 7. Compliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, County fees and State fees will be detennined at time of permit review. PARKS AND RECREATION Comments: None FORESTERJENVIRONMENTALIST Comments: 8. Existing Tree Schedule: X The existing tree sch.edule lists Magnolia trees to be removed from the site. of 4 . " .~ Name Wai-Mart Supercent~ "',~..._ i'ik No,: NWSP 99-003 ( rF DEPARTMENTS INCLUDE REJECT These trees (if accurate) are native trees and efforts should be made by the applicant to preserve, or relocate these trees on the site, Staff will field verify that the large quantity of trees (75) are indeed Magnolia trees, 9. The following numbered trees; 12, 13, 14, 15, 24, 44, 94, 97, 98, 99, 103, X 104, lOS, 106, 108 & 112 should also be evaluated by the applicant to be preserved or relocated on the site ifthe trees are more clearly identified, and are native trees. (i.e, Oak) 10, Lake Planting Plan X The littoral shelf should be contiguous with the wetland planting zone to encompass 50% of the lake perimeter. 11. An irrigation system should be designed for the lake plantings. X PLANNING AND ZONING Comments: " Provide a detail drawing of the following items including dimensions, X materials and colors: .f Typical trash compactor and re~lireQ OPTPpn "'"11 (Ch,9 SecJO Par.C.3) -Typical parking and handicapped spaces (City drawing #B-90012).The shortest side of all angled parking spaces to be dimensioned at 18'. City Drawing #B-90013 ~ Architectural design guidelines shall be required for site plan approval to X ensure internal compatibility and compatibility between future development of out parcels and the adjacent Boynton Commons PCD. Ch.9 Sec. I I Par.A-D. As part of the guidelines, staff recommends a continuous score- line with diamond shaped markings and other decorative details, such as: decorative columns, tiles, architectural form and should discourage extreme color contrasts beyond the main entrances and signage. " Label all bay doors. Bay doors may not face selected roadways. Ch.9 X Sec. I I Par.J. I. An appeal must ,be submitted and obtained for approval to \:xf(e:--~ locate the bay doors facing both Knuth Rd. and Winchester Blvd. " The subject parcel still includes the entire property. If and when the parcel is X to be subdivided, the development of an out parcel will require a site plan modification. " ~I"\A-"(t..t,\ 6tC\')'t\tI .ll\ Project buffer walls shall be CBS and ~signed similar to the buffer wall at X the adjacent shopping center to the east and pamted to match the principle color ofWal-Mart (add notes on site plan to document same). ~. Limit blue stripe and blue color (including the wall sign) to main entrances X " of 4 . . ~ Name WaJ-Man Supercent"l fi!7 No.: NWSP 99-003 .f "-.,- -i DEPARTMENTS '{ " and areas enhanced with the E.LF.S. surface in order to minimize incompatibility with the Boynton Commons Shopping Center which represents the established desirable architectural character that adjacent uses should match, and to be consistent with proposed design standards. INCLUDE Provide to County acceptable Public Facilities Agreement to ensure X completion of or contribution to road improvements required by County for traffic concurrency approval. Provide cross-section or comparable graphic showing that adequate buffering of the overhead bay doors is attained. Additional landscaping enhancements and berming shall address identified deficiencies. X Due to the DCA currently monitoring the subject project for DRI X qualifications, prior to issuance of a permit, provide confirmation from DCA that DRI thresholds are met, or exceeded and begin processing as a DRI. To maintain quality appearance similar to Boynton Commons and the Boynton Beach Mall. Outdoor areas along the fayade shall be kept free of all vending machines and merchandise (except that displayed as part of the garden center) to maintain consistency with appearance of adjacent uses. X ~o\~ To properly soften large wall spaces, tree grate areas shall contain trees as X well as those species shown. ~ ~ \ N Update tabular data to show correct maximum building height (elevation X drawing indicates 39 feet 2 inches). Modify parking data to include entire garden center which must be X accommodated by a minimum of 1 parking space per 5,000 square feet, exclude cart corrals from required spaces, and modify site to provide spaces as needed. ADDITIONAL PLANNING AND DEVELOPMENT BOARD COMMENTS ~ \~ G\AAb((\'\I Blue stripe along front fa9ade shall be a maximum of2 feet in width. X , Perimeter and parking area deciduous trees shall be replaced or X supplemented with tree species that maintain foliage and therefore buffering characteristics with greater planting intensity in vicinity of overhead bay doors. ~ V I~ ADDITIONAL CITY COMMISSION BOARD COMMENTS 26. T~ 6~ d,dt;lU1~l1cd. ~A,/e J:\SHRDATA\Planning\SHARED\VIIP\PROJECTS\Wal Mart\NWSP\oond of approval CC 8.3-99.doc V' REJECT DEVELOPMENT ORDER OF THE CITY COMMI~ -'ON OF THE . ~ . V OF BOYNTON BEACH, FLORIL'- PROJECT NAME: Wal*Mart APPLICANT'S AGENT: Kevin M. Roberson P,E., Kimley-Hom and Associates, Inc. APPLICANT'S ADDRESS: 601 21st Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3,1999 TYPE OF RELIEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Comer of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SeE EXHIBIT 'Co ATTACHED HERETO. X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of Ihe Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant. members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .lL HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit '[)" with notation 'Included". 4. The Applicant's application for relief is hereby .lL GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 7. All further development on the property shall be made in accordance with the terms and conditions of this order. \\\\\\\\111/""1111 ,,\\ .{ NTO.. ~~/. ~ 0 'v ~ ....~ <0 .......... <9 ~ ... (} ..~?{")~1j... ~ ~ ~. 0 /c.P ~o\ ~~ ::: >- :.. )' :t ~ %.:' \.~ -tgl'lQ j < to \ C-,. ~ - ". .. s: ......... to ~ "" i'LOP.IO ~"'~ <//1/'/1)11\\\\\\'\ Other 6. ~g'~/y....<Q;;r.~"/1" . City Clerk J:\sHRDATAIPlanningISHAREDIWPIPROJECTS\Wal MartlNWSPIDevelop Order CC 7-6-GG.doe DATED: //"'f.L.UK'; ~ /997' ~-~.-._----- - DEVELOP - ORDER OF THE CITY COMl'r r""'"'lN OF THE .. ~ OF BOYNTON BEACH, FLOf..,.., PROJECT NAME: Wal*Mart APPLICANT'S AGENT: Kevin M. Roberson PE" Kimley-Hom and Associates, Inc. APPLICANT'S ADDRESS: 601 21" Street, Suite 400 DATE OF HEARING BEFORE CITY COMMISSION: August 3,1999 TYPE OF REliEF SOUGHT: New Site Plan LOCATION OF PROPERTY: Northwest Comer of Winchester Park Boulevard. & Boynton Beach Boulevard DRAWING(S): SEE EXHIBIT "C" ATTACHED HERETO. X THIS MATTER came before Ihe City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of Ihe Planning and Development Board, which Board found as follows: OR THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant .lL HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "0- with notation "Included.. 4. The Applicant's application for relief is hereby .lL GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the tenns and conditions of this order. ,\\\\\\\I\lI/I/II/I/, """ O'lNTO", 1~ .....'::- 1b ........, I!} ~ .' 6 "rP'n~1)~. ~ ~ ::' /cp ~\ "V.Cl ~ :::>-:~ J~':t;: :: I- :- :::. % 0 \. ~ 920 1 ...~ "0. .. ~ ',;,. .........,.. ~ ''''. o<"LOP.\O,~ "~I \\" II/f/liI 11lI1I\\ 7. Other DATED: /7"~fU.AT. ;,i /997 t<.lf'~__/y,.<?;r:~,...." . City Clerk J:ISHRDA TAIPlanninglSHAREDIWPlPROJECTSIWal MarNlY/SPlDevalop Older CC 7-&-lMI.doc MEETING MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 27,1999 Motion Mr. Friedland moved that the board approve the request to appeal the Community Design Plan, Chapter 9. Section 11,], to allow overhead doors located on elevations of the proposed commercial/retail building that face Knuth Road and Winchester Park Boulevard, for the project at the northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard, subject to staff comments. Mr. Reed seconded the motion that carried 6-0. 8, SITE PLANS New Site Plan 1. PROJECT: AGENT: APPdCANT: LOCATION: Wal*Mart Supercenter Kevin M. Roberson, Kimley-Horn & Associates J. Robert Bray, Assistant Vice President of Real Estate Wal*Mart Stores East, Inc. Northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard Request new site plan approval to construct a 220,184 square foot retail store on 39.61 acres. DESCiUPTION: When Ms. Motley approc;ched the podium, Chairman Wische confirmed with her that the applicant would remove all Melaleuca trees from the property. Ms. Motley advised that the applicant is in agreement with all comments with the exception of Comment #17 that reads as follows: ''Umit bfue stripe and bfue cofor (including the wall sign) to main entrances and areas enhanced with the E.LF.S. surface in order to minimize incompatibIlity with the Boynton Commons Shopping Center which represents the estabfished desirabfe architectlJraf character that adjacent uses shoufd match, and to be consistent with proposed design standards. H Ms. Motley reported that the 'applicant's original request was for the blue stripe around the entire building. The applicant worked with staff and deleted the band from the building except in front. Mr. Rumpf has requested that the use of the stripe be reduced to only at the main entrances. Ms. Motley explained that blue is considered to be a trademark color to Wal*Mart. The applicant has given up a great deal of the blue color to satisfy the desires of the City. The applicant would like to keep the blue stripe across the front of the building. At Chairman Wische's request, Ms. Motley said the colors of the building include peach sandstone with a darker beige accent and some blue. CHAIRMAN WISCHE ANNOUNCED THE PUBUC HEARING. Herb Suss. resident of Ouail Run. expressed his concern about the traffic that would be generated with the opening of Knuth Road from Boynton Beach Boulevard to Woolbright Road. 5 '-""""...... ~..... MEETING MINUTES PLANNING &. DEVELOPMENT E,OARD BOYNTON BEACH, FLORIDA JULY 27,1999 The residents of Quail Run are fearful there will be cut-through traffic on SW 26th Street that runs through his community. Mr Suss supports the Supercenter, but urged the board to do something for the residents of ~uail Run. Alice Warren. 719 Woodfe'n Drive, is a resident of Quail Run. She looks forward to the opening of this Supercenter, but also expressed concern about the traffic that would be generated with the opening c f this new Supercenter. She urged the board to ensure that a traffic study is completed. Mr. Rumpf added that a traffic study was submitted and the applicant is working with the County to work through certain impro~ ements that are required. WITH NO ONE ELSE WISHING TO SPEAK ON THIS APPLICATION, CHAIRMAN WISCHE CLOSED THE PUBLIC HEARING. When Mr. Rosenstock asked I~r. Rumpf how he arrived at a figure of 1,101 required parking spaces, Mr. Rumpf explained that this is a retail-parking ratio that is one space per 200 square feet of gross leaseable area. This number of spaces does not include the garden area. The Code addresses that area with a sep 3rate ratio. Mr. Rosenstock explained that he is concerned about the vast expanse of asphalt in the parking lot. Many shopping centers have 3' or 4' medians with grass, trees and shrubbery. Mr. Rosenstock pointed out that :here would be approximately 110' between landscaping in this parking lot. Ms. Motley said these islands are larger than typical islands. The applicant's idea was to put more trees in a larger island because they will survive better than in smllller islands. The architect said there are plans to install Sabal Palms and Laurel Oaks with tree diameters of 4" to 6". Ms. Motley added that :here would be a 10' wide landscape buffer around the entire peri meter of the property. Mr. Rosenstock pointed out thilt from his review of the plans, the trees appeared to be 60' apart. The architect said that from :enter space to center space, there would be 40'. Outside the buffer, around the docking ba (, the trees will be 20' apart. Mr. Rosenstock requested that the applicant install all of the tree; 20' to 25' apart. Ms. Motley agreed to work with Mr. Rumpf to come up with an agreeable sol Jtion if he believes the applicant needs to add more trees. Mr. Rumpf explained that the applicant has met the minimum Code requirements by planting the perimeter trees at 40' apart. Ms. Motley said there is a significant amount of greenspace in terms of landscaping, With respect to the parking lot, the applicant tried to. provide sufficient parking to avoid having pE!oplE! parking their vehicles along the rights-of-way or in outparcels. The applicant decided to go forward with the larger islan,js so that the landscaping can flourish. While Mr. Rosenstock accepted the fact that the a)plicant was more than complying with the minimum Code, he requested that the applicant consider going above and beyond the minimum Code to plant the 6 MEmNG MINUTES PLANNING &. DEVELOPMENT BOARD BOYNTON BEACH, FLORIDA JULY 27,1999 trees on 20' centers. He feels this would be more aesthetically pleasing and would attract more business to the project. Ms. Motley explained that there are no surplus parking spaces in the project that could be eliminated. Mr. Rumpf agreed with Ms. Motley's remarks. Mr. Rosenstock recommended allowing the applicant to eliminate a few spaces to replace them with trees. Mr. Rumpf said staff worked on this issue with the applicant. Staff recommended, and agreed to support, an application for a variance to increase the terminal islands with greenspace. The applicant chose not to do this because of the number of spaces they require based on consumer traffic. Ms. Motley agreed that the applicant could add additional trees to the buffer area; however, Wal*Mart would not want to reduce the parking spaces because they do not want people parking in unauthorized areas. When Mr. Rosenstock requested a consensus of the board to recommend that Wal*Mart place additional perimeter trees on the property, Mr. Reed requested an opportunity to address his concerns. He explained that on the northwest side of the perimeter, Royal Poinciana trees are proposed for installation. These trees have 20' to 30' canopies. Mr. Reed would not suggest planting these trees 20' apart. In addition, Royal Poinciana trees are deciduous and are bare for two or three months of the year. That would defeat the purpose of using this variety as a shield for the overhead doors. The Crepe Myrtle has the same problem. Ms. Motley said the applicant would be amenable to planting another species and agreed to work with the City Forester to select a variety. In response to Mr. Myott, the architect advised that the initials DBH on the plan referred to "diameter of breast height". Mr. Myatt pointed out that the Tabebuia trees are also deciduous and are only 2" at the chest height. These trees will not create much of a canopy in the parking lot. Chairman Wische recommended that the applicant consult with staff on the tree issues. Mr. Myott asked Mr. Rumpf to explain the master plan design standards for the outparcels. Mr. Rumpf advised that staff applied three concepts for the master plan. 1. Curb cuts are laid for only the master project leaving the parking area; 2. A perimeter buffer is 10' rather than the minimum of 5' per parcel; and 3. To help accomplish uniformity of design, design guidelines that talk about materials, colors, compatibility, etc. are used. Mr. Rumpf explained that he worked very closely with Kimley-Hom to develop the document to make it be a PCD. The drainage plan is master and is sized for all outparcels. The only thing not incorporated is that the master traffic review does not include outparcels. Those projects will be 7 .~....... -- MEETING MINUTES PLANNING &. DEVELOPMENT B')ARD BOYNTON BEACH, FLORIDA JULY 27, 1999 reviewed on a case-by-case be Isis for traffic impact. Mr. Rumpf confirmed that an additional westbound right-turn lane at th,! intersection of Congress Avenue and Old Boynton Road, and the widening of Boynton Beach Bculevard between Jog Road and EJ Claire Ranch Road would be required. Ms. Motley confirmed that the applicant would be willing to add trees 20' apart that are not deciduous. Mr. Rumpf said there is a great deal of green area and staff realizes that there is a great deal of color in this project. HowevE r, there is space in between the first tree rows for additional secondary tier landscaping. Mr. Rosenstock pointed out that the diameter of the trees in the islands is very small. He recommended that the applicalt install trees that are larger in diameter and height so that the product will be lush when the facility opens its doors for business. Ms. Motley felt this was a 10gi".I and reasonable request. In response to Mr. Rosenstoel:, the architect said there is a parapet wall that will serve as a screen for the air conditioning units. With respect to the blue stripe. Mr. Rosenstock asked Mr. Rumpf if he had any objection to the main entrance that has a Royal Blue background to the letters that spell out Wal*Mart. Mr. Rumpf responded negatively a ld said that was used as a compromise. He agreed that the sign areas should be allowed to ha ve the corporate colors in order to eliminate them from the flat, large building areas. When Mr. Rosenstock questioned the width of the blue stripe, the architect determined that it was approximately 4' wide. MI'. Rosenstock felt it was too large. The architect agreed to reduce the width of the band to 24". lie felt the lettering would still fit within the band. The architect confirmed that ttere is foundation landscaping around the building. Motion Mr. Reed moved that we approve the site plan for Wal*Mart Supercenter on the northwest corner of Winchester Park Boulevard and Boynton Beach Boulevard subject to all staff comments and the additions discussed this evening. Mr. Myott seconded the motion that carried unanimously. 2. PROJECT: AGENT: LOCATION: DESCRIPnON: The Morris BUilding Richard C. Ahrens, Ahrens Companies 161 Commerce Road, Lot 4 High Ridge Park Request new site plan approval to construct a 15,104 square foot industrial/warehouse building on 1.099 acres. Attorney Cirullo administered the oath to Greg Celentano. 8 .:~ DEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT CORPS OF ENGINEERS C/O DEPARTMENT OF ENVIRONMENTAL PROTECTION 400 NORTH CONGRESS AVENUE, SUITE 130 WEST PALM BEACH, FLORIDA 33401 AEPLYTO ATTENTKJH Of MAY 1 7 1999 Regulatory Division South Permits Branch PUBLIC NOTICE Permit Application No. 199902062 (IP-RM) TO WHOM IT MAY CONCERN: This district has received an application for a Department of the Army permit pursuant to 'Section 404 of the Clean Water Act, as described below: APPLICANTS: Wal-Mart Stores East, Inc. 2001 SE 10ili Street Bentonville, Arkansas 72712-6489 WATERWAY & LOCATION: The project impacts are located in other waters of the United States and isolated freshwater wetlands on the N.W. corner of the Boynton Beach Boulevard and Winchester Park Boulevard, Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida. To reach the site from I-95, exit west on Boynton Beach Boulevard to Winchester Park Boulevard. The proposed project is located on the NoW. corner of the Boynton Beach Boulevard and Winchester Park Boulevard. LATITUDE & LONGITUDE: Latitude 26031'32" Longitude 8005'48" North West WORK & PURPOSE: The applicant proposes to fill 0.06 acre of isolated freshwater wetlands and 4.13 acres of barrow pits. The work would consist of the construction of infrastructure road system, parking spaces and a commercial shopping center. The purpose of the project is commercial development. The site can be characterized as open water barrow pits and isolated freshwater wetlands dominated by such vegetation as torpedo grass (Panicum repens), water-hyssops (Bacopa ssp.) pennywart (Hydrocotyle umbellata), cattail (Typha sp.) and duck potato (Sagittaria sp.). For further details, see attached project drawings, sheets 1-3, dated 5/5f99. A complete set of project drawings is available for viewing at the West Palm Beach Regulatory Office. 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FL I'ermIt No. 14G -""'-"'-"'---..",' III#1103 C:TY OF BOYNTON BEACH A"TN PLANNING DEPT PO BOX 310 BOYNTON BEACH, FL 33425-0310 1 ifff'r": r .....c t. ... Hn..I!~ ;';t ..e,..'1 !;Ii}" hllL'.Sli! l( .C~ I. - i ':i- . 1.1'1 U h 1'1&1, ~llll....e't ~'" tiliil!;r;.i l:r_r:!.Ir.B..!i': If.;; lilli-ill ."1,:1. 1I"1i'- &~1lli'.i.1 1. i ... lr 1- 1 ""l- !lrl;ii.JIr.. a.& .Ol.ll'l- It "i= i:I ~ 1s!,1..;.. 1! I~te:tJd !&.B.1!~~' !.! ft;lII-IlIr>i'D !i - 1:' -=..;: -!-!!-.'::;II ii- $0_:;" Jt wa ;=Hlll IhB -ll.ll...li.=-lll&& __ . _'!IIIC"... " ~c {I.lft ... -""CI ft -=-le"".C:: .." t!. ;- ~'K = = ::l r:t' i~i:r~al!i5 :ISflgo.a.S"-I " ::I -." ,,: _ · :Ii! 0 flI =-"","a.o~"i' ._=ft_....Q,.. ., =-.. "C ~!!. Do,," _ :ftl-= -ftft":- ~::I :; !:. ='f-= S S' II ~=~o~"'IlI!!SE =-.,.;.= :'="" .=.!' ;'0 a.~;:S!; q i. '"'ir.ao!lft,,= .,,=o.=;::a...c. ri~'! !~U HU,l!.[ii= llKlils;":r.,:...21'.. II - f'i 'll'" ".Il' .. 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"", &s..-e 1iIo.;r..... ...., ,... >- i=...."';I!:f'" ".1:1".-,. n H!f~ oX" -.--0 .,: -.;fle -5"1"&- ,. .... ..... !!.., ::!.ilI"-t':t "0 ....O:E. r..:;iE!!' !:!!Bo,:;:.:: _._e.... !.;r..!.c.IlI.- 'o~!!-ll>ll'!. ill. _" ': .. .. -.."lItO f- o-l4 ~ - ~ .. - !! If:lwl.t =:iSeo ~ i~=liz~~ _.._.~o:: .. !..'D"--""f'" _ . 0 _ I'''_~. M !l=-I!. .: . ~ . ~ S'~ o..-=".J:.= _f'II . ft ;;=!-=::L!.!:. "'ocO-iir-O' "C:I -!l f'II ::I .,-"o.,e:5' .!.f=Jl=tit.lc. '" -8':"'- ~=~;=.,; g; 5'l:i: 05/03/1999 10:55 561375625= BOYNTON BEACH P & - PAGE 03 I II I! II ji " I: I' I ORDINANce NO. 099-P8 :i :j I: ,j " ji " :j II \1 II 'I I! Qr(llnllnee NQ, 91-7Q, in lr'Ihll:h a Revl~ Zordng Map was lldopted for said Otyi and I AN ORDINANCE OF THE CI'T'r COMMISSION OF THE CITY OF fIOYNTON BI;'.AOi, FLORIDA, REGAADING AN APPUCA'I'1QN TO N1EHD ORDt"l"NCE 91-70 OF SAIP CITY .Y REZONING A c:RRTAIN TRACT OF \AND (CONSl5nNG Qf 32.37 ~) MORE PAATICULAALY DeSCRIBED HEREIN, /'ROM AG (AGRIOJLl1JRAL) TO C-3 (COMMUNI1Y COMMliRCT.A.I.)i PROVIDING FOR CONFUCTS, SMAASIUlY AND AN EFFECTIVE DATE. WHEREAS, th~ CitY eamrTilsslon af the 0tY of 8Qynton Be.!l1:h. Rorida has adopted WHIIREAS. Klmley.Hom and Assocllltes, Inc., agent for Wal-Mart Stores East,. Inc., c:antract vendee Qf ownel'$ af the property mare partICUlarly described hereinafter, has heret1:lfore filed a Petition, pursuant to Sl:w;:tion 9 of Appendix A-Zanlng, of the Cclde of Ordln_n~, 01;\' Qf Boynton BeaC/l, Florida, for the purpose of rezoning a certain tract of land j;Q~,;tInll of 32.37 i1CJ1!$. said land being mQre partk:Ularly described hereInafter, from Agrt~y!tI.!li!l ~I<!l[!ntlal (AG) to C-3 Community Commerclal; and WHEJW\S, the Oly Camml$Slon deems It In the best illterests Qf the Inhabitants of said c;:Il;\' to amend the arcte$l!d RevIsed ZonIng Map lIS hereinafter set forth. N()W. THER.EFORE, BE J:T ORDAINED BY THE CITY COMMISSION OF 'THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Sedion ~.: "The fQ\lQwlng desctlbecl land, Ipc:atad I.n the CIty of Boynton Beach. Plorlcla as IilIt forth as flIl1ows: See ad1lbitaA" Attad1ed H~. ~ <lnd the same Is hereby relOl1ed flQl'll /lgrtatltural (AG) to C-3 Community eommel:dlll. A location lTUlP illll,ttactled ~ as Emlblt "B" 1111CI made II part of ttlls Onlinlll1al by reference. . A~c;he(I ~ Exhibit "C" ~ II aw1 of the conditionS/reqUIrements for this rezoning, whIch are incorporated hereln. SPrtlon 2: That the aforesaid Revised Zoning Map of the oty shan be amendlld- acccrdingly. 05/03/99 MON 10:42 lTX/RX NO 85231 .05/03/1999 10:55 'I I , 561375625~ BOYNTON BEACH P & PAGE 04 Sed1qp 3: All ordll\all{.l!S or pa~ of llI'dlnances In conn/a /lerewith are hereby repealed, I ' I'. Sectf9!1 4i SIIouId a.ny sedlon Ilr provfslon af thl5 Ordinance or any portlon thereof be I . .' ,I I ! l;IQd~r'Ild by II COIIIt of cxm~t jurf~l(tIon to be 1IMl1ld, such decision shall not alfect the ! I remalnr;ler Qf this Ordlna/la:. . . ' i i 5ect:Ion ~: This ordinance shall become elI'edIve Im!nedlateiv Upall passage. I FIRST'READING lI1ls -*- day of 4' A&G. . 1999. SaCOND, FINAL READING lint! PASSAGE; this ~ day Qf,' .+?......--.G. 1999, CcImmJsslaner . 'IN.M l(}~~l\.. Commissioner ArnsT; \.....~.UI:lItlfl (c.a~"-" 1111'-1- . _. -II'", ~ ,$- .~ .. .,....:..". t!i ~ :.; ",' ..~..,c "::Ii.... ~ ~ :: . :,~V' , J-~... ;, ~ = ..).. l~ 0\ a S j:~\IWa1J1!qJ~jz.;I11i:rB5) % ,.192.U I ~ ...._~ ~ "lffll. "'lOf\\Q",,$ ~(III1I1IlIl\li\\"~ 05/03/99 MON 10~4? rTY/Py"rn aC='1'Jl _.~- ~._--'-~~ '65/63/1~~~ 16:55 561375625" y BOYNTON BEACH P & , PAGE 65 TOGETHER WITH: Thet 2S fQQt ro-..d 811 shown on Ih. plat ot PALM ElEACH FARMS COMPANY PLAT NO.8, a<:cording to the F'lil:t th$ntQt, I'QQOrd!ld 10 Plat Soo\< 1$, P* 73; ~ the Public Records of Palrn Beach County Florida l)lin9 dll'!!Ot/~ SIlIIol!h at and QdJP.Cllnt tQ !hit SoutIllln(! Clt Tracts 44, 50 ;mcI the 30' vacated ~ad lying between $il/C! Tracts 44 alld 50 of the SUBDIVISION OF SE ~ OF SECTION 19 TOWNSHIP 45 SOUn-J, AAJl!GE 43 EAST. lll~rdinQ ta the Plat thereof, fIICC1rded in Plat Baok 7, Pag~ 19 ot the Public Reeords af Palm Beach CClunty, Florida; TOGlmiER WITH; Tract 41, Lell$ t/'Ie NOJ1h 20 feet thlfl'lot tor road R1gh~.Way. of the SUBDIVISION OF SOUTHEAST ~ OF SECTION 19, TOWNSHIP 415 SOUTH, AANGE 43 EAST, .<:cording to the Plat thereof recorded In Plat ElDok 7, P$9~ 111, at the P~Il: Records of Palm Bead1 County, Florida. . TOGE1liER WITH: The West 8$.90 feet of the fOllowing desenbed pa~l; A portlan of Treel42 of the SUBDIViSION OF SOUTHEAST ~ SECTION OF SECTION 19, TOWNSHIP 45 SQUTH. RANG!; 43 EAST. KC:Ordinl1 to tM PI,t thereof, recaRied In Plat SClak 7, Page 19, of the Pucllo ~~ 01 Palm Baacl'l County, F/atfda LESS the South 320 feet slid LESS the North 20 feet for road RlqtJt.of>.Wey and lIelns lTlartl ~r1Icu1$riy described as fcllll',N8; CClmmenc:inlJ at the Northeast comer of said Lot 42; thence run along the' East line of saId Lot 42 on an 81111Wl1ec1 bearing of So 01"06'03" Eo, II distance of 20 feet to a point of intel'$ec:tlon of the Sauth Right-of- W"-'1line of Old BO)lnton Road 8!'!d the WMt RIght-of-WaY line of WinchHter Park Boul8'lsn:l as now tXlatll, .air! point aJao b$lng lhll pOINT OF BEGINNING; thence continue S. 01"08'03" E. along ssld West R"'Irt-of~Way line of Vllind\ester Pstlc BaulllVllfd II dlst8nce of 243.08 feet; !hence S. 89"09'06' W., , II ~ee ot 401.66 f.t to ill point Ql1 thtt Welt Pne of said Lot 42; thence N. 01-00'33' W. along the weill Una. of said Ut 42, a ~ce ot 124.80 feet; lherlce N. 89"50'18. E.. a distance of 139.90 feet; ~ N. 011OQQ'33" W. a dlItance of 127.53 feet to a point on the s8Jd South RiQht-of-W,.y line ot Old Boynton Road thence N. 89.50'16. E. elong the South Right-of-Way Une, a distance of 161.28 feet to the POINT OF BEGINNING. TOGETHER Wl1li: That Qlrtaln 30 foot Road Right-of-WllY. .. ~~ by ResoliAlon No. R.76:802 l8COn:led In Official RlPlGOrds SQoJc 2Sae. Page 1378, lying between a portion 01 Block8 <4 and 5 of PALM BEACH FARMS COMPANY PLAT NO, 8, ac:c:ordlng to lh8 Plat thereof. recoRIecIln Plat Book 6, Page 73, of the Public Ree:crdIl of Palm Beach Caurrty, .Florlda, and that ~ ~ foot raad RIght-of-Way lying In the SUBDMSION OF SOVTHEAST ~ OF SECTlO" 19. TOWNSHIP 45 SOUTH, RANGE 43 EAST _ 8COO/llltlg to the Plat th,et'ItQf, fIICC11'ded In Plat Book 7, Page 18. of the Pubrr<: Rec:ords of Palm Beach Caunty, Florida, ill!! as more ftJlIy deSclibed as follows; a~GIN it tt1e Nartt\WQ$t corner (II Tract G, as shawn on the SUBDIVISION OF SOUTHr=AST ~ OF SECTlON 19. TOWNSHIP 4S SOllTH, RANGE 43 EAST, according t911'1e P\st thereof. recorded in Plat Book 7. Page 19, of the Public Reccrrda of Palm Beach County, Florida; thence Southelly, along the West line atTract 42. a distance of 272.13 feet to the POINT OF BEGINNING of the parcel to be herein described; thence continue Southerly along the West line of Tracts 42. 43. and 44; as shown On said Plat. to II point in the South line of said Section 19; thence Westerly along sald South line, a distance of 30 feet; thence Noi1herly, along th, East line af Tracts 50, 49 and 45, al shown on the aforesaid Plat, to a point of 273.61 feet South of the South Right-of.~ of Old Boynton Road, II 40 foot road shown on lhe said Plat ot Section 19; thence Easterly, a distance of 30.0 feet to the POINT OF BEGINNING. r -. t '/1 . L 1/ iLl '/ . "t:.'U~L"'-.:f rj t/7'.D. "7''1'-48 05/03/99 MON ,o..? C'l'Y/OY Mf\ qe.<l"tl 55/53/1999 15:55 5513755259 BOYNTON BEACH P & z PAGE 55 ~ 'iI$' ._'" . - I' I J ~ 'll..~:;:: ;~~ ""a;':".:.: '~;'';'';~'-'"'l1' r: I IIE I ' '. I... ..., I' ., ',L. '. ". ;-c-; ,-........~".:;':, L~ I I' '1.: . '.' ..., . 'I 'I I L...:. . ~ . ..'" -.:, r rl*' '1 '1 ' I . - "I ___~_. . I. I I I . . .. , fJ'il't~"" CII~"'l.'" ..=- I . ,..-"_ ...,....,.. ....... ;; i r ! . l..... l....,_~, J'~'I -'~':-:-f f ,-' II .1_ ~ "! t :C1 ...: .-: 'i~rr--:.,-- '<-:* ~ : "j';.." -.:::; , ~ 'J;...tJi. I ,'- ,_. f . . ,1", I ' I ". << _~t...... ...Ii" 11 .......~.n . ~L 1 .. If'", -=-. l I '. , . ., . I "I . :' I . . '.,1, ___..L..~ -.- ~ "Tr".1*-"rt~ - "'" I 0 __ .. /'t .,;".,. Ii..... - f~ = ";'11 \ I! i , ' _ . I :~ i! .~ I~~ . "~~[~1 , . ~ \. :lTTTT:1JTI:_. I"!,.l /, ..' f, II . 1111... .' \ I! ",. (..' rbJ ~~ ~ II --.g I WALMART ANNEXATION IREZONIN( B . -' '-MOTOROLA', .- /" I .> / ,- \:= \) R1AA ,..i , I \ I I D."... . . o _ IJ.l ~ ~ "" l!o ~ 'rOOI!.A~M Cll,a ~!!!"'_ D I ' R3 .[ J..l. t I \ i pea . -reIN "t":c ':' . 'r--~' ,. . , .. .:J " "\ I ..!Of~ 1 ~ ' I .R;a...~ ~...~.~ ' ..:J~. . " --"~ .10 \ -- L .... - ~ '0' 118-- MILES. . ENtil;..\j J'~ llll~~lo F~ET '. J ~ ",III ~. .... -r"-r.... . , ........_.. r ./.. . +-" i" - ,e,.,- .'- ,.. 05/03/99 MON 10~4? rTY/QY Mn O~~~l 05/03/1999 10:55 561375625~ BOYNTON BEACH P & : PAGE 07 EXHmIT "e" Conditions of Approval -" Proj~l naml!' W.I-MJrt PrQ~l'l)' Pile numb.:r: ANNX 99-00 11110 WAR 99-00 I DEI'ARTMENTS INCLUDE REJECT PUBl,.l<;: WORKS .. Comments: NONE X UTILITIES Comments; NONE X FIRE ... CollllllelllS: NONE X " l'QLIC.~ . Comment$: NONE X' .. ENO~a1UNG DlVISION .' , . Col\lftlOllU: NONE X BtJILDl'NG DIVISION Commlll\lS; NONE X PARKS AND RECREAllON CQlllmC1\IS:' NONE X FORESTERlEJllVDtONMENTALIST Comments: NONE X Pl.ANJIIJJIIO AND ZONING Comnu'll1ts: X \. No principle buildings shall be placecl faciDs. nor within 500 feat from X Knuth Road (oxc:cpf when separated by all wu.1atcd use or property. 2. Site plan approval shall include a cooldinated sign pn>gram for site x: signage intelll!~ to m..umlze shared signage uui compaibility with eKisting signs. 05/03/99 MON 10:42 r~X/RX Nn "".., ... '05/03/1999 10:55 5613756259 BOYNTON BEACH P & z PAGE 0e /';lg" 2 Wl!l.Mm Pl'l)pettY fil" Nq.: ANNX 99-001 and LUAR 99-001 DEPARTMENTS - LNCLUDE REJECT . [n8~ulo8"''' shall be ~ool'lli/l&l"d using proposed prinQiple driv"ways X .. to me: Wal-Man: use (except for two O~I parcels on Boynron Beaeh Bouleyard) and inrelCOnn<<rllln be!Ween rhe principle use and perimeter llseS. 4, Arc:hiltcrural design guidelines shall be required for sire plan approY;lllo " ensure inll:ma1 complllibility and Qompatibiliry wilh me adjacenl Boynton Commons peD. s. Sire plan approval for the enlire projecr shalllnQlude a minimum 10 fOOl X wide pc:;rimllrer glI'COblll! where the projec:J abLltS I'04d rights-of-way. 6. Prior to ordinance adoption, SIlpply the ciry wilb a market analysis X verifying adcquase dernand for the proposed Waj.Mart Store IlCcounring for existing lIRa comperiTOrs (cog. K.Mart and Targel). AJ;)tl(TIONAL PLANNlNGI\ND DEVELOPMENT BOARD CONDmONS ,..-. . 7. To be detmnin,d. X ADOITIONAL CIlY COMMlSSrON CONDmONS 8. To be dell:m1incd. . X J:\SHRD'" r^~II5I1AUD\IV.N'IOJEC1'SIWII HIft\LUAll.ICOND OF APPllOVAl..doo 05/03/99 MaN 10:42 ITX/Rl NO """, '05/03/1999 10:55 5613756259 . , BOYNTON BEACH P & Z PAGE 139 Ii Ij !. it :j II ;! ORDINANCE NO. 099-49 j! Ii ij :i ;, i! 'I Ii I adopted Ordinance No. 91-70, In which a Revised Zoning Map was adopted for said AN ORDINANCE OF THE QTY COMMISSION OF THE CITY OF BOYNTON a.EA01, FLORIDA, REGARDING AN APPUCATION TO AMEND ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF lAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR (AGRICUl.iURAL RESIDENTiAL) TO C-3 (COMMUNllY COMMERCAL); PROVIDING FOR CONA.lCTS, SEVEAABIUTY AND AN EFfECTIVE DATE. . WI1EREASt the City Commission of the Oty of Boynton Beach, Florida has City; and WHEREAS, Kimrey-Horn and AssocIates, Inc., agent for Wal-Mait Stores East, Inc., r::ontTatt vendee of owners of the property more particularly described hereinafter, has heretofore tiled a Petition, pursuant. to Sel;tIon 9 of Appendix A- Zoning, of the Code of Ordinances, CitY of Boynton Beach, Florida, for the purpose pf rezoning a certa.in tr.K:t of land eons/sting of 9.64 aaes, said land being more particularly dijStJibed hereinafter, !Tam Agricultural Residential (AR) In Palm Belich County to C-3 Community Commerclal; and WHEREAS, the City Commission deems it In the best Interests of the inhabitants of said City to amend the aforesaid Revised Zoning Map as hereinafter set fort:h. NOW, ntEREFORE, BE IT ON)A1rtED 8Y THE CITY COMMISSION OF THE C1lY OF BOYNTON BEACH, FLORIDA, THAT: ~n 1: The following desaibed land, located In the Cty of Boyntxm Baach, Florlda as set forth as follows: See Bxhibit ~ A" Attached Hereto. 1 be and the same Is hereby rezoned from Agricultural Residential (AR) In Palm Beach ,I 05/03/99 MON 10-4? f~Y/PY Nn ~~q~, 05/03/1999 10:55 'I 'I 5613756259 BOYNTON BEACH P & Z PAGE 10 1 Coynly to C-3 CQmmunlty Commercial, A location map Is attached hereto as exhibit -6" and made a part of this Ordinance by reference. Attached as exhibit -C" is a copy of the \ I conditions/requirements for this rezoning, whICh are Incorporated herein. ,I II SectlOQ 2: ihilt tI1e afol"El@!d Re\II$ed Zoning MilP of the Oly shall be amended II accordingly, I Section 3: All Qrdinances or parts of ordlna~ces in conflict hereWith are hereby repealed. ~on 4: Should any section or prevision of ttJls Ordinance or any portion thereof be declared by a court Qf com~ jurisdiction to be Invalid. such decision shall not affeq the remillnder of this Ordinance, Section 5: This ordinance shall become eIfec::tjve Immediately upon passage. FIRST ~EADING thls ..A- day of A'eA....L . 1999. . , SECOND, FINAL READING and PASSAGE this -....... day of /I~""L . 1999. Commlssloner _)\LLLLt ~" CQr!1mlssloner ATTEST: 1~~u~~ . ~ .,"(ON /1 ~/~ ' ~ ..,&," ~ ~ .:::;: 0 .....-...~ ~ ~ (Ol"rootat€'~".. Os ~ .......c[ ~ld ... ~ Eo!O " ~ s:~,~~ng~; , ~ ~,... 'I. ~~""/;::: ~ ~ ..... ~ ......... ~ ~ ~ .....-..... <t"J...,Q ~ ",-, O'P ...~ r'l" F\.. ~...,... ~111""/fII1'''\\\\~ 05/03/99 MON 10:42 ITX/RX NO R52~1 -_..._-------~ 05/03/1999 10:55 56137562~l .. ,t \. BOYNTON BEACH P ~.., PAGE 11 .. .' . ,~. .. ......, ,.... .' . ~ .' . . ., . ,." - ,', . . ..~. ..... ....~.... .... -.... ~ TI1iII;t 51 qf ltl. SUBOIVISION OF SOUlliEAST ~ OF SECTION 18, l'CWNSHIP 45 SOU11i, RANGE 43 EAST, ICCOrdlng to the Plat #Ill1rBOf, I8CCrded In Plat Book 7, Page 18, of the Public R8alR18 of Palm Besch County, Florida. T('8ct 52 of the SUBDIVISION OF SOUlliEAST % ttf S&C'T10N 18. TDWNSHIP 46 SOUTH, RANGE 43 EAST, according to the Plat thnaf, IKOrdecl in Plat BoOk 1, Pqe 18, of the PublIc Recan:fs of Palm Bltscn County, Florida. Also daSc:rtbed as the South "of the Saulhwat % ttf the Saulhwest ~ of the Southeast % at secnoN 1$1, TOWNSHIP 4S lSOUllf, RANGE 43 EAST, LESS lhe West 15 feet Ih=reaf; WId LESS that portlon thereat lying Within the I.sk8 Warth Drainage Dr.tri= Canal L-Z4 RJghto(lf. Way. Also, that part of the Lake Worth Drainage Dl8tnct Canal 1.-24 right-of-way lying North and ad]ac:ent to Block 7 of the Plat of Palm Beach F&mlIJ Company Plat No.8, accordlng to the Plat l'8ClIJded in Plat Book 5, Page 73, ofttle PubUc Recards at Palm Beach County, J:Iorfda: same portlon of eaId Canal L-24 r1ght-of WJAY lying within Tract 52 of the Subdlvialon at Southeast % of secaon 19. Tawnshlp 45, Range 43, a=n:Ifr1; to the Plat recorded In Plat Book 7, Page 19, atthe Pub!1c Records at Palm Beach County, Florida. . 'Togetherwlth the We" 15 ~ atTract 52 at the Su.IlcIlvJ.Jan alSE % ofSeclJon 11i, TGWII8hip 45. Range 43, accon:fing to the Plat rIICOrd~ In Plat Book 7, Pege 11i, of the PUblic Records of Palm Beach County, Florida. Togeltler with the rlght-ofoWll)' of Knuth Road lying West and adjacent to the IIfcre described Tracts 51 and 52. UJ,;J.d; II f} II tf2/e'D. Pf'P-d? . .~~~ . .' 05/03/99 MON 10:42 [TX/RX NO 8523J e5/e3/1999 1e: 55 5513751>7"'0 BOYNTON BEACH P [ . ~Vv1-\IIUI\l-MAt"" ,WALMART ANNEXATION /REZONll~G PAGE 12 c^n,e. , L -. "MOTOROLA' - . ";j" " / ^~. . - , .. 0 0 lu ~ ~ ... , ~ ~ R1AA :.t- , : \ ~ :\.l, , I \J \ D 1 R3 .- .[ l .~~ - . lwL3~ .pee rt:JIV ~~ IlC i:' ' 'r---J' -. . I . '~?T-. "i . . ,... ."" . -.. , 'R3 "...~ . .~. ~'1.' ~~. r .;: :- ; . :- ....:: . . ..- \101"_ I . , , f! i'! ~ *i f! :'0 va MILES J'~ 11 1110 labo F~ET ~A_ _....."'.... tit .:.11 ',a,). . . 05/{\:\J~~ 'M'()N ,".A" f<'f'V I'flV ,..... ........... ~ '65/63/1999 16:55 5G1375G?"'3 BOYNTON BEACH P""? PAGE 13 f~I"Z Wail-Man PropeR)' File: No.: ANNX 99-00 I and LUAR 99.001 .. DEPARTMENTS INCLUDE REJECT .. ~~ 'i!Jlcmal c:OIitPilibility ~ e\1lllparlbllity ",jib Ibe adJaceot Boynton CO/DDIon. .PeD. S. Site pJ.n approval f(Jr the c:nthe projC9t shall include a minimum 10 foot wide perimetct 1U4le1Ibelt where Ib.e JlfQiea ab\ltl road risllts-of-way. 6. PriQr lO ordinance: .doprioll, slIpply !be citY wilb. " ll1arket analysis vc:rifyillg 1Idc:q1l3!q demiUld fpr th pra~ W.I.Malt Store .-.untillg fQr c:xisti(lll ~ llQIDpetit!lra (Il,g. [(.Matt iIIId T). . ...- AODtnONAL P~G AND DEVELOPMENT BOARD CONDmONS .._--," ..... - .. 7. To be detennined. ADDmONAL CITY COMMISSION CONDmONS 8. To be d"tennined. f:....HP,I)A r A\PlaIII'l;iS' '.Il~"'IIM PJOVAL.... Cj. 05/03/99 MON 10:42 lTX/RX NO 85231 0S/03i1999 10:55 5613756Z~" BOYNTON BEACH P r PAGE 14 EXInBIT "e" Conditions of APProvil ~.p.l'9ject.name:' WaJ-Mart I'ropc:r1y File number: ANNX 99-001 and LUAR 99..001 DEPARlMENTS . INCLUDE lU!JEcr PUBLlC WORKS Comments: NONE \JTU.l'nES Commenbi: NONE FIRE Comments: NONE POLICE Comments; NONE ENGINEERING DMSION Comments: NONE BUILDING DMSION Comments: NONE PARKS AND RECREATION CommCIIls: NOm; fQRE:S'l"ERl.ENVJR.ONMENTAUST Comments: NONE PLANNING AND ZONING Comments: 1. No principle bIIi14i11p shall be pIKed r.c:in& nor 9'ilhln SOO fed fi'om Knuth Read (except when an IIlII'llIa!ed use (II' . 2. Site plan approval shall include a coordiDuecI sip ,...._ f'ot site slpege intended to mlXimize shared sipage and c:ocnpuibitily wid! DltistiDIl; sill;lls. 3. IlIgre$l/esms shall be coordinated U$ing proposed princ:iple driv_.)'I 10 the W.I-MIIft U$Il (lIXCept for twO QUI parcels 011 BoynlDft Belch Boulevard) and intercortnecrion between the principle use and perimeter uses. 4. ArchitectUral desi8JI guidelines mall be ~quired for site plan aJfl) -.. . ? 05/03/99 MON 10:42 {Tl/RY NO A~~~' .-----,~---~ -05/03il '3'3'3 10: 55 'I I I I I I ., I I II Ii :j 'I I, " II , 5G1375G2~.q BOYNTON BEACH P ~-~ PAGE 15 ORDINANCE NO. 099-/.1 AN ORDINANCE OF lliE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING 9.64 ACRES OF LAND OWNED BY MICHAEL SCHROEOI:R AS 'TRUSTEE, AND MARILYN R. SELVA; AMENDING ORDINANCE 89- 3~ Of. SAID CIiY BY AMENDING THE RlTlJRE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOFTlNG THE PROPER LAND USE OF CERTAIN PR.OPERlY, MORE PARTICULARLY oescRIaeo HEREINAFTER; SAID LAND USE DESIGNATION IS BEING CHANGED FROM C-H (COMMER.CIAL HIGH) IN PALM BEACH COUNTY TO LOCAl. . RETAIL COMMERCIAL; PROVIDING FOR CONf'UCTS, SEVERABIUlY AND AN EFFECTlVE DATE. WHEREAS, the City Commission of the Oty of Boynton Beach, Ronda has adopted a Comprehensive Futi.!re Land Use Plan and as part of said Plan a Fl,lwre Land Use Element by Ordinance No. 89-38 in accordance with the Local Govemment Comprehensive Planning Act; and WHEREAS, the procedure for amendment of a Future Land Use Element of a Comprehensive Plan as set forth In Chapter 163, Rorlda Statu~, has been followed; and WHEREAS, after public hearing and study, the Oty Commission deems it In the best interest of the inhabitants of said Oty to amend the . (lforesaid element of the Comprehensive Plan as adopted by the Oty herein. NOW, THEREFORE, BE n ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA,. THAT: Section 1: Ordinance No. 89-38 of the Oty is hereby amended to reflect 05/03/99 MON 10:42 [TX/RX NO 85231 '05/03/1999 10: 55 56137567"g 'I II I BOYNTON BEACH P -.., PAGE if. - ,'. i I the following: i 1'1 .. That thl1 future Land Use of the following described land shall be II designated i1$ ~I Retail Commercial. Said land Is more particularly I! described as follows: I I' SEe EXHIBIT W' ATTAQiED HERETO. ~on 2: That any maps adopted in accordance with the Future Land Use Element shall be amended accordingly. Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4: Should ~ny section or provision of this Ordinance or any portion thereof be decl~~ by a' court of competent jurisdiction to be invalid, such decision shall not an:ect the remaInder of this Oreli,nance. Sect/oo 5: The effective date of thiS small scale development plan amendment shall be 31 r:lays after adoption, unless ttu;! ~mendment Is challenged pursuant to SectIon 163.3187(3), F,S. If challenged, the effective date .of this amendment shall be the date a final order is Issued.by the Department of Community Affairs, or the Administration Commission, finding the amendment In compliance With Section 163.318'tt F,S. No development orders, development perm/Bt or land uses dependent on this amendment may be Issued or commence before it has become effective. If a final oreler of noncompliance Is ~ # Issued by the Administratlon Commission, this amendment may nevertheless be made effective by adoption of a resolution afflnnlng Its effective status, a copy of -,., " 05/03/99 MON 10:42 r~X/RX Nn ",.., -----------..- --..--------..------- . B5/B3/1SSS 1B:55 I I I II which resolution shlJlI be sent to the Department of Community Affairs, Bureau of f Local Planning, 2740 Centerview DriVe, Tallahassee, Florida 32399-2100. 551375525S BOYNTON BEACH P &2 PAGE 17 i i I FIRST READING this ~ qay of April, 1999. i !. SECOND, FINAl READING and PASSAGE this dI'f:1 day of n?,..,..e-.:::. !I 11'1999. C!TY OF BOYNrO B~ R.ORIDA . I ~}l ;~/;'l ~ ce Mayor J.0t~~ __ Commissioner ~ f~~~ -CommIssioner . --':\1).1 LW IAt,lNt.t\.M'- Commissioner ~. a ~~h~. (Co~tel~2 ~' ~~TON I!l r~... s~~~~ 114. ..[f' . 0\ 'So"" ii 0 lu \ ~ :::: lz I = :::: '>' ,- ",:::: ~>::.\ nn'vl ;:: -;;. \J "\~""" ;:; ~ .... - ~ _"t" ~ ~ -........... '!\- ~ ~,/, Fl.O~ ~,~~ 111(1/I111111\\\\~ 05/03/99 MON 10:42 [TX/RX NO 8523J -_._-_..~.._~ . ~b/~~/l~~~ l~:bb bbl~/bb~b~ :, . .,/ HUYNIUN H~ACH ~ ~_L t-'Au"- H< . :... ': .' " .., - ...~. .. .' . ' " . .,.. ; , . 0.' .~. ~ .... .... ,. _... 0 ._ _ Tract S1 of the SUBDIVISION OF SOUTliEAST % OF SECTION 18, 'TOWNSHIP .cti SOUT11, RANGE 43 EAST, according to the Plat thereof. tecorded In PIa Baak 1. Page 19. at the PubUc ReconIs at P8Im Beach County, Florida. Tract 52 of the SUBDMSION OF SOUTHEAST ~ of SECTION 19. TOWNSHIP 46 SOUTH, RANGE 43 EAST, accardiftg to the PIIIt thereof, I'KCIrded In Plat Book 1, Page 19. 01 the Public Recards aI Palm Beach County, Florida. AJ80 desc:tlbecl as the South % of the Southwest ~ of the Southwest % ", the Southeast ~ of SECTION 18. TOWNSHIP 4S SOUTH. RANGE 43 EAST. LESS the west 15 feet thereof; and LESS that por1lon thereof lying WIthin the Lake WOrth Dl8Inage District Canal L.24 RIght~_ Way. Also, that part of the l.m<e Worth Drainage District Canal L.24 right~-way lying North and adjacent to Block 7 of the Plat of PlIIm Beach Farms Company Plat No.8, according 10 the Plat recorded in Plat Book 5, Page 73. of the Public Records of Palm Beach County, Florida; l8me portion aI said Canal L.24 riSlhl~ way lying within Tract 52 at the SubdlYtalon of Southeast % at Section 19, Township 45. Range 43, according to the Plat rec:ordllClln Plat Book 7, Pag.19. of the Public Records of Palm Beach County, Florida. Together with the West 15 feet of Tract 52 of the Subdlvislan ofSE ~ofS~on 19, TCl'oI!nship 46" . Range 43, according 10 the Plat rvc:on::ted in Plat Book 7, pege 19. of the Public Records of Palm ~each County. F1Ol1da. Together with the right~-way of Knuth Road lying VYeet and adjacent to the IIfCre described Tracts 51 end 52. C.l"'L l( II ~A. t!lR2J. d ??-/O . .~~t', ;" . 05/03/99 MON 10:42 (TX/RX NO 8523] -05/03/1999 10:55 5513755259 I, BOVNTON BEACH P 8-7 PAGE 19 I I j' il II 'I I ORDINANCE NO. 099-// AN ORDINANCE OF THE QTY COMMISSION OF THE CITY OF BOYNToN BEACH, FLORIDA, REGARDING 9.64 ACRE PARCEL LOCATED ON THE NORTHWEST CORNER OF BOYNTON BEACH BOUlEVARD AND WINCHESTER PARK BOULEVARD; ANNEXING A CERTAIN UNINCORPOAA'Tl:D TRACT OF lAND THAT IS CONTIGUOUS TO THE CITY LlMITS WJ11-IIN PALM BEACH COUNTY AND THAT WIll., UPON ANNEXATION, CONSTIl1JTE A REASONABLY COMPACT ADomON TO THe CITY TERRITORY, PURSUANT TO A PETITION BY WE OWNER, OF WO TRACT OF lAND, REQUESTING ANNEXATION PURSUANT TO ARTICLE I, SECTION 7 (32) OF WE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, ANO SECTIONS 171.044, AND 171.062(2), FLORIDA STAlUTES; PROVIDING THE PROPER lAND USE OESIGI'IATION AND PROPER ZONING OF THE PROPERlY SHA,ll BE REFl.EC'TCD IN SEPARATE ORDINANCES TO BE PASSED SIMULTANEOUSLY HEREWITH; PROVIDING FOR CONFlICTS, SEVERABIlITY, CODIFICATION AND AN EFFECnVE DATE; PROVIDING THAT THIS ORDINANCE SHAll BE FILED WID1 WE ClERK' OF WE ClRCUIT COURT OF PALM B!;ACH COlJNTY, FLORIDA, UPON ADOPTION. WHeREAS, the Comprehensive Plan for the City of Boynton Beach reqUires the development of an Annexation Program; and WHEREAS, Michael Schroeder as Trustee, and Marilyn Selva, properly owners of the property more particularly described hereinafter, has heretofore filed a Petition, pursuant tQ SectIon 9 of Appendill: A.~nlng, of the Code of Ordinances, Oty of Boynton Beach, Rorida, for the purpose of annexing a certain tract of fand consisting of 9.64 acres; and WHEREAS, the City of Boynton Beach hereby exercises Its opt/on to annex the following tract of land as herelnafl:et described, In accordance with ArtIcle I, Section 7 (32) of the Charter of the City .and Secllon 171.044, and 171.062(2), Rorida Statutes; Clnd 05/03/99 MON 10:42 ITX/RX NO Rfi2~1 tlb13t!:lbZ!:l':;l. bUYNIUN t:)t..AL.;H ,..... &_'" ,.....A~t:. :i't:J t:J!:lft:Jdfl':;l.':;l.':;l. 1~:~!:l . ~ ' -. WHEREAS, Slid tract of land lYing and being Within Palm Beach County Is contiguous to the eXisting dty limits of the City of Boynton Beach, and will, upon its anneli:at!on, constitute a reasonably compact addItion to the Oty terrltory. NOW, THEREfORE, BE IT ORDAINED IV THE CITY COMMISSIOM OF THE CI1Y OF BOVNTOM BEACH, fllORIDA, THAT: Section 1. f>ursuant to ArtIde I, SectIon 7 (32) of the Charter of the Oty of Boynton Beach, Florida and SectIon 171.044, Rorida Statutes the following described unincorporated and contiguous tract of land sItuated and lying and being in the County of Palm Beach, Rorida, to wit: see f:?(HIBIT ftA" AiTACAED HERETO is hereby aMexed to the Oty of Boynton Beach, Rorida, and such land so annexed shall be and becQme part of the Oty ~ the same force and effect as though the same had been originally Incorporated in the terrftorial boundaries thereof. Section 2: That Sectfon 6 and 6(a) of the Olarter of the City of Boynton Beach, Rorida, Is hereby amended to reflect the annexatlon of saId tract of land more particulariy descrtbed In Sectlon 1 of this Ordinance. , Section 3: That by Ordinances adopb!d slmultaneously herewith, the proper Oty zonIng designation and Land Use category Is being detesmlned as contemplated In SectIon 171.162(2), F10rfda Statutes. SectIon 4. All ordinances or parts of ordInances in conflict herewith are hereby repealed. Sectlof1 5: Should any section or prollision of this Ordinance or any portfon thereof be declared by a court of competent jurisdIction to be Invalid, such dedsion shall -~: ~} not af\'ed: the remainder of this Ordinance. ,; 05/03/99 MON 10:42 [TX/RX NO 85231 ---- --.---------- 5G1375G259 BOYNTON BEACH P p__'7 PAGE 21 '65/63/1999 16:55 Section 6: This Ordinance shall nat be passed until annexation is advertised for ty.Io (2) consecutive weeks In a newspaper of general drculalion In the CIty of Boynton I Beach, Ronda, as required by the aty Charter and Sectlon 171.044, Florida Stall!.tes, . section 7. Specific authorlty Is hereby given In codify this Ordinance. Section 8. ThIs ordinance, after adoption, shall be filed wlth the ClerK of the Circuit Court of Palm Beach County, florida. FIRST READING this ..L... day of A"""A'/' , 1999. SECOND, FINAL READING and PASSAGE this ~c? day of .#P~/(... . 1999. ATTEST: .~~~'-<~ . .. \ ; ~ . ; j , : :: !!, I :' . ,,;.. r",....,v 1"'1... ",' . ..-..... """~~" t:,1 OIo(l.l"E;'~' ~ Q~",-;,-,,,'.,,,"'/.... ~ ~ l.I.. .'j...\ -";".. Clo ~ :: a ;".~ '\ ~;:: :; >' !~ !:: 3"lll"iPrdV\nJl.~o1 wa~ %a '. \':3'(...~.1 ~ ~ "'...._....~/ Q" ~ ~"J': FLO~' '!\.~~~ ~"1/I/IIIt1I1\\\\~ 05/03/99 MON 10:42 r~~/R~ NO 0.'" _._--~- 05/03/1999 10:55 561375625.9 BOVNTON BEAa-! P &.-2 PAGE 22 .0 Tract 51 of the SUBOMSION OF' SOi.rrHEAST " OF SeC'hON 18, TOWNSHIP 45 SOUTH. RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 1, Page 18, of the Public Recgrds of Palm Beach County, Florida. Tract 52 of the SUaOMSION OF SOUTHEAST ~ of SECTlON 19, TOWNSHIP 45 SOunt, RANGE 43 EAST. aCl:Ording to the Plat thereof, /'IICOrded In Plat Book 1. Page 18. of the PYtllIc Records of Palm Beach County, Florida. Also described al the South )i of the SouthWest % of the Southwest " of the Southeast % of SECTION 19, TOWNSHIP 45 SOunt. RANGE 43 EAST. U:SS the West 15 feet thereof; and LESS that portion thereof lying within the Lake Wor1h Drainage District Canal L-24 Right-of- Way. Also. that part of the Lake Wor1h Drainage DIstrict Canal L-24 right-of-way lying Nort/1 and adjacent to Block 7 of the Plat of Palm Beach Farms Company Plat No.8, according to the Plat recorded in Plat Book 5, Page 73, etthe Public Records of P~ Beach County, Aorlda;..."e portion of said Canal L-2.4 rtght-of way lying Within Tract 52 of the Subdivillion of SouthellSt Yo of section 19, Township 45, Range 43, according to the Plat recorded In Plat Book 7, Page 19, of the Public Records of Palm Beach County, A01id~ ' Togetherwlth the West 15 feet of Tract 52 of the SUbdivisIon etSE YoofSedlon 19, Townllbip45, . 'Range 43, according to the Plat recorded in Plat Book 7, Page 19, of the pubrlC Records of Palm Beach County, Florida. Together with the right-of-way of Knuth Road lying West. and adjacent to the afore dllScribed iracts 51 and 52.. D .1_ 'A 'L I( II ~A ~. ~'i'''i'-//' ,';/', 05/03/99 MON 10:42 [TX/RX NO 8523) --- - ---- ------- --------