02-053DRAFT ...... REVISED 10/2/02
ORDINANCE NO. 02- C'.oa'--..~
AN ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF
BETHESDA MEMORIAL HOSPITAL;
AMENDING ORDINANCE 02-013 OF SAID
CITY BY REZONING A CERTAIN TRACT
OF LAND MORE PARTICULARJ_,Y
DESCRIBED HEREIN, FROM R-l-AA
(SINGLE FAMILY RESIDENTIAL) TO PU
(PUBLIC USAGE); PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Florida has
adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said
and
WItEREAS, Bethesda Memorial Hospital, as owner of the property more
)articularly described hereinafter, has heretofore filed a Petition, through their agent,
Iames Gentile/Kilday and Associates, Inc., pursuant to Section 9 of Appendix A-
of the Code of Ordinances, City of Boynton Beach, Florida, for the purpose
rezoning a certain tract of land consisting of + 1.43 acres, said land being more
)articularly described hereinafter, from R-l-AA (Single Family Residential) to PU
Usage), subject to conditions regarding future expansions and access from
IW 4th Street, and the reversion to existing zoning; and
WHEREAS, the City Commission conducted a public hearing on August 20,
and heard testimony and received evidence which the Commission finds
~orts a rezoning for the property hereinafter described; and
3:\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezonin9 - Bethesda - 1.43 acres.doc
WHEREAS, during the public hearing the applicant for the Rezoning made
material representations which were considered and were relied on by the City
~Commission in reaching its conclusions regarding the appropriateness of the proposed
rezoning. The material representations made by applicant are set forth in the minutes
of the City Commission meeting/Public Heating conducted August 20th, 2002.
WHEREAS, the City Commission finds that the proposed rezoning is
consistent with an amendment to the Land Use which was contemporaneously
considered and approved at the public hearing heretofore referenced; 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 forth.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing Whereas clauses are true and correct and
incorporated herein by this reference.
Section 2. The City Commission based upon the representations and
consent of the applicant in public hearing, imposes the following conditions to the
rezoning:
a. That the applicant apply for a building permit on or before August 20,
2004;
b. That if applicant fails to apply for a building permit on or before
August 20, 2004, zoning on the property will revert to R-l-AA;
c. That during construction on the property, neither the applicant, or its
agents or assigns, will use S.W. 4th Street for ingress or egress, except
3:\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezoning - Bethesda - 1.43 acres.doc
for minimum use to complete the landscaping and improvements to
the berm/pathway area. In response to a request by the contractor for
the project, the Building Department may approve exceptions to this
Condition, as necessary to accommodate specific situations during the
construction process where it is determined to be unsafe or
unreasonable to require access from the east side of the property. Any
such request and approval shall seek to avoid or minimize any
disruption to the adjacent residential neighborhood.
d. There will be no ingress or egress to the property from S.W. 4th Street,
following construction of the proposed parking lot; and
e. The applicant's Board of Directors/Trustees will adopt a Resolution
expressing its commitment not to acquire additional property to the
west~ oz' north, or south of the property which is the subject of this
rezoning, for further expansion of the hospital, support facilities or
parking area..
of applicant to comply with the foregoing conditions, whether construed as
precedent or conditions subsequent, shall constitute grounds for
rescission of the approval of petitioners application for rezoning.
Section 3. The following described land, located in the City of Boynton
Florida as set forth as follows:
Lots 1 through 8, inclusive. Block 1, Seacrest Hills,
according to the Plat thereof as recorded in Plat Book
25, Page 74, Public Records of Palm Beach County,
Florida.
Containing approximately + 1.43 acres of land.
:\CA\Ordinances\Planning\Bethesda\Rev 092502 Rezonin9 - Bethesda - 1.43 acres.doc
be and the same is hereby rezoned from R-I-AA (Single Family Residential) to PU (Public
Usage) A location map is attached hereto as Exhibit "A" and made a part of this
Ordinance by reference.
Section 4: That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 5: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6: 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 7. This ordinance shall become effective immediately upon passage.
FIRST READING this__/~ day of ~ C-{-3 {Ordd'" , 2002.
SECOND, FINAL READING and PASSAGE this Iff day of 12~l"o~,l[R.., 2002.
CITY (~"~OYI~O~I BE~tCH, FLORIDA
ice May~
~Golf~i~ioner
nissioner
ATTEST:
Qit,~- ~'et-~t~¢t't
~\~\~2~d±nance~'~k~]~hma~\Bethesda\Rev 092502 Rezon±n~t - Bethesda - 1.43 acres doc
Location Map
Bethesda Hospital Physician Parking NWSP 02-011
EXHIBIT "A"
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PU'D
PU
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