O95-42ORDINANCE NO. 095-/~f
AN-ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING BOYNTON COMMONS (LOCATED AT THE
SOUTHWEST CORNER OF OLD BOYNTON ROAD AND
CONGRESS) AMENDING ORDINANCE 91-70 OF
SAID CITY BY REZONING A CERTAIN ~RACT OF
LAND MORE PARTICULARLY DESCRIBED HEREIN,
FROM C-3 (COMMUNITY COMMERCIAL) TO
PLANNED COMMERCIAL DEVELOPMENT; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Robert A. Bentz/Land Design South, agent for the
owners of the property more particularly described
hereinafter, has heretofore filed a Petition, pursuant to Part
III of the Land Development Regulations, Chapter 2, Zoning of
the City of Boynton Beach, Florida, for the purpose of
rezoning a certain tract of land consisting of 24.74 acres,
said land being more particularly described hereinafter, from
C-3 (Community Commercial) to Planned Commercial Development,
which requests that the 24.74 acre tract be removed from the
boundaries of the C-3 zone to allow for the processing of the
rezoning application; 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 following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
attached hereto and made a part hereof, be and the same is
hereby rezoned from C-3 (Community Commercial) to Planned
Commercial Development. A location map is attached hereto as
Exhibit "B" and made a part of this Ordinance by reference.
Section 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly.
Section 3: Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4: Should any section or provision of this
Ordinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 5: This ordinance shall become effective
immediately upon passage.
FIRST READING this ~ day of /~,,~z~,~ , 1995.
SECOND, FINAL READING and PASSAGE this ~/ day of
~/~ , 1995.
CITY OF BOYNTON BEACH, FLORIDA
Pro Tem
ATTEST:
(Corporate Seal)
Boynmon Commons.Rezoning
11/2/95
LEGAL DEgO IPTION: __0_
PARCEL !
A PARCEL OF LANDLYING IN SECTION 19 OF TONNSHIP 45 SOUTH, RANGE 43 EAST, SAID
PARCEL BEING A PORTION OF LOTS 3g. 40° 41, 43 AND 44, OF THE SUBDIVISION OF
SECTION 19. TONNSHIP 45 SOUTH, RANGE 43 EAST, AS RECORDED IN PLAT BOOK 7, PAGE
19. OF THE PUBLIC RECORDS OF PALH BEACH COUNTY. FLORIDA
SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLONS:
COMHENCING AT THE SOUTHEAST CORNER OF S~CTJON, t9. TOMNSHIP 45 SOUTH, RANGE 43
EAST, HENCE NITH A BEARING OF SOUTH 87 §2 47 NEST, ALONG THE SOUTH LINE OF
SECTIC t9, A DISTANCE oF 80.00 FEET TO A POINT ON, TH~ NEST RIGHT-OF-NAY LINE OF
CONGRE S AVENUE; THENCE :#ITH A BEARING OF NdhTH Ot 22 43' NEST, ALONG THE NEST
RIGHT- F-NAY LINE OF CONGRESS AVENUE. A DIST~NC~ O~ 300.00 FEET TO THE POINT OF
BEGINN NB; THENCE #IT~ A,B~RING OF ~OUTH 87 32 47 MEST. A DISTANCE OF 390. O0
FEET;, HENCE SOUTH 68 03 48 NEST, A:DISTANCE OF 273.33 FEET; THENCE NORTH
02"27 3" MEST, A DISTANCE OF 41.60 FEET; THENCE SOUTH 83"1G'46" NEST, A
DiSTAN E OF 269.64 FEET TO A POINT ON #INCHESTER PARK BLVD.; THENCE NITH A CURVE
TO THE RIGHT ALONG. THE EAST ~IG~T'OF, NAY LINE OF NINCHESTER PARK BLVD:, HAVING A
CHORD, E~RING OF NORTH 08 13 06 EAST,: A RADIUS OF 2193.99 FEET. A CENTRAL ANGLE
OF 06 9 36 . AND AN ARC LENGTH OF 2~7 79 FEET; THENCE NITH A REVERSE CURVE TO
I~[_LE T_~'ING A CHORD BEA~IN~.Ot NOhYH 06'1G'2~" NEST, A RADIU§ OF 2t49.3t
PEET, CEN'RAL, AN~LE, OF 12 48 5G , AND AN ARC LENGTH OF 480.78 FEET TO A POINT;
THENCI NORTI 0106 06' NEST. AL:~NG THE EAST RIGH~-O~-NAY OF NINCHESTER PARK
BLVD. D.IS'ANCE=OF223.72 FEET THENCE NORTH ~4 22 08' EAST, A DISTANCE OF
35.64 NET. TO A POINT ON THE S)U~H ~IG~T-O~-NXY LINE oF OLD BOYNTON ROAD;
THENCI NIT~ A BEARING OF NORTH .]9 BO ~2 EAST, ALONG THE SOUTH RIGhT-OF-NAY LINE
OF OL! BOYN'ON ROAD, A DIS~ANCE OF 763.72 FEET; THENCE NITH A BEARING bF SOUTH
45'46 1' HIST, A DISTANCE OF 3~ 98 FEET TO A ~OINT ON THE NEST RIGHT OF-NAY
LiNE~ CON RESS AVENUE; THENCE ~ITH A BEARING S~U~H 0~'2~'4~" EAST. [ DISTANCE
OF 861 95 Fi;ET TO THE POINT oF ]EGINNIN~.
PARCEL 2
AND
A PARCEL OF LAND LYING IN SECTION t9, TONNSHIP 45 SOUTH, RANGE 43 EAST. PALM
BEACH COUNTY. FLORIDA. SAID PARCEL BEING A PORTION OF TRACTS 44. 40, AND 39. OF
THE PLAT OF SUBDIVISION OF SECTION 19, TONNSHIP 4B SOUTH. RANGE 43 EAST, AS
RECORDED IN PLAT BOOK 7. PAGE ~9. OF THE PUBLIC RECORDS OF PALM BEACH COUNTY.
..... FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLONS;
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 19;. THENCE NORTH 01'22'43" NEST,
ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 25.00 FEET; THENCE SOUTH
87'32'47" NEST, ALONG A LINE LYING 25.00 FEET NORTH OF {AS MEASURED AT RIGHT
ANGLES TO} AND PARALLEL TO THE SOUTH LINE OF SAID SECTION tB. A DISTANCE OF
60~ O0 FEET TO THE POINT OF BEGINNING; SAID POINT ALSO BEING A POINT ON THE NEST
RIGHT-OF-NAY LINE OF CONGRESS AVENUE; THENCE CONTINUE SOUTH 87'3~'47' NES~
ALONG A LINE LYII~ 26. O0 FEET NORTH OF [AS MEASURED AT RIGHT ANGLES TO) AND
PARALLEL TO THE SOUTH LINE OF SAID SECTION 19, SAID LINE ALSO BEING THE NORTH
RIGHT-OF-NAY LINE OF THE'L. M.D.D. LATERAL 24. AS RECORDED IN OFFICIAL RECORDS
BOOK 2370° PAGE ~S5 AND ~596, A DISTANCE OF BtO. 31, FEET; THENCE NORTH 02'27'13'
NEST. A DISTANCE OF 230.55 FEET; THENCE NORTH 6B'D3 48' EAST. A DISTANCE OF.
t33. t0 FEET; THENCE NORTH 87'32'47' EAS~ A DISTANCE OF 390.00 FEET TO A POINT
ON THE NEST RIGHT-OF-NAY LINE OF CONGRESS AVENUE; THENCE SOUTH 01'~2'4~" EAS~
ALONG THE NEST RIGHT-OF-NAY LINE OF CONGRESS AVENUE, SAID LINE LYING 60. O0 FEET
NEST OF [AS MEASURED AT RIGHT ANGLES TO) AND PARALLEL TO THE EAST LINE OF SAID
SECTION 19. A DISTANCE OF 27S. 00 FEET MORE OR LESS TO THE POINT OF BEGINNING.
PARCEL 3
AND
A PARCEL OF LA,D LYING IN SECTION ~g. TONNSHIP 46 SOUTH. RANGE 43 EAST. PALH
BEACH COUNTY. FLORIDA. SAID PARCEL BEING A PORTION OF TRACTS 44. 40. AND 39, OF
THE PLAT OF ~UBDIVISION OF SECTION tS. TONNSHIP 45 SOUTH, RAN6E 43 EAST. AS
RECORDED IN PLAT BOOK 7. PAGERS. OF THE PUBLIC RECORDS OF PALH BEACH COUNTY.
FLORIDA, SAID PARCEL BEING HORE PARTICULARLY DESCRIBED AS FOLLONS:
COHHENClNG AT THE NORTHEAST CORNER OF SECT)ON 30,' TONNSHIP 46 SOUTH, RANGE 43
EAST; THENCE NITH A BEARING OF SOUTH 87°57 63. NEST ALONG THE NORTH LINE OF '
SECTION 30, A DISTANCE OF 60.00 FEET TO A POINT ON THE NEST RIGHT-OF-HAY LINE OF
CONGRESS A~ENU~ tHENCE CONTINUE ALONG THE AFOREHENTIONED COURSE EXTENDED A
DISTANCE oF g~7.65 FEET TO A.POINT ON THE'EAST RIGHT-OF-HAY LINE OF THE HALL
ROAD; THENCE NITH A CuRvE TO THE RIGHT ALONG ~HE EAST RI6HT-OF-NAY LINE OF THE
HALL ROAD NITH A CHORD BEARiNG, OF NORTH 00'59 06' NEST, A RADIUS OF 2t93.99
FEET, A CENTRAL ANGLE OF O0 39 Or', AND AN ARC LENGTH OF 25,0! FEET TO A POINT;
THENCE NITH A .BEARING OF NORTH 87'32'47' EAST, ALONG A LINE LYING 25.00 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF SECTION tSor A DISTANCE OF 285'00
FEET, SAID POINT BEING THE POINT OF BEGINNING;: THENCErNITH A BEARING OF NORTH
O2'27't3' NEST, A DISTANCE OF ~83. 78 FEET; ~HE~CE NORTH 68'03'48' EAST, A
DISTANCe'OF t40' 23 FEET; THENCE SOUTH 02°27 t3! EAST, A DISTANCE OF 230'65 FEET
TO=A POINT ON A LINE LYING 25'~00 FEET NORTH O~ A~D PARALLEL TQ THE SOUTH LINE OF
SECTION tS; THENCE NITH A BEARING OF SOUTH 87 32 47' NEST. A DISTANCE OF t32'20
FEET ALONG TH~ SOUTH LINE OF SECTION tS, HoRE OR LESS TO THE POINT OF BEGINNING'
PARCEL 4
AND
A PARCEL OF LAND LYING IN SECTIONS tg AND 30, TONNSHIP 46 SOUTH, RANGE 43 EAST,
PALH BEACH COUNTY, FLORIDA. SAID PARCEL BEING A PORTION OF TRACTS 39, 40, AND
44, OF THE PLAT OF SUBDIVISION OF SECTION tS, TONNSHIP 45 SOUTH, RANGE 43 EAST,
AS RECORDED IN PLAT BOOK 7, PA6E tS, OF THE PUBLIC RECORDS OF PAL# BEACH COUNTY,
FLORIDA, AND A PORTION OF LOT "A" BLOCK t, AND A PORTION OF LOT "A' BLOCK 2, OF
THE SUBDIVISION OF PALH BEACH FARHS COHPANY PLAT NO. 8, AS RECORDED IN PLAT BOOK
5, PA6E 73. OF THE PUBLIC RECORDS OF PALN BEACH COUNTY, FLORIDA. SAID LANDS
BEING HORE PARTICULARLY DESCRIBED AS FOLLONS:
COHHENCIN6 AT THE SOUTHEAST CORNER OF SAID SECTION tO; THENCE NITH A BEARING OF
SOUTH 87"32'47~ NEST. ALONG THE SOUTH LINE OF SECTION tO. A DISTANCE OF 60.00
FEET TO THE POINT OF BE61NNING. ON THE NEST RIGHT-OF-NAY LINE OF CONGRESS
AVENUE; THENCE NITH A BEARING OF SOUTH 0t'22'40~ EAST, A DISTANCE OF't7. EO FEET.
TO A POINT; THENCE NITH A BEARING OF SOUTH 87'32'.47' NEST, ALON6 A LINE LYIN6
t7.60 FEET SOUTH OF AND PARALLEL NITH THE NORTH LINE OF SECTION 30, A DISTANCE
OF t90.03 FEET TO A POINT; THENCE SOUTH 0t'22'40' EAST. A DISTANCE OF 42.50 FEET
TO A POINT; THENCE SOUTH 87'32'47' NEST, ALONG A LINE LYIN6 60.00 FEET SOUTH OF
AND PARALLEL TO THE NORTH LINE OF SECTION 30, A DISTANCE OF 450. 89 FEET TO A
POINT; THENCE NORTH 02'27't3' NEST, A DISTANCE OF 60.00 FEET TO THE NORTH LINE
OF SECTION 30; THENCE CONTINUE NORTH 02~27 13~ NEST, A DISTANCE OF 25.00 FEET TO
A POINT; THEN~ NITH A BEARIN6 OF NORTH 87'3a 47' EAST, ALONG A LINE LYING 26.00
FEET NORTH AH~PARALLEL TO THE SOUTH LINE OF SECTION ~9, A DISTANCE OF 64~62
FEET TO A POI~:' THENCE NITH A BEARING OF SOUTH 0t~22 40~ EAST, A DISTANCE OF
25.00 FEET NO~OR LESS TO THE POINT OF BE61NNIN6.