O87-03 ORDINANCE NO. 87-~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
ORDINANCE NO. 80-19 OF SAID CITY BY
REZONING A CERTAIN PARCEL OF LAND WITHIN
THE CITY OF BOYNTON BEACH, FLORIDA,
FROM R'3 (MULTIPLE-FAMILY DWELLING
DISTRICT) TO PCD (PLANNED COMMERCIAL
DISTRICT), SAID PARCEL BEING MORE
PARTICULARLY DESCRIBED HEREIN; AMENDING
THE REVISED ZONING MAP ACCORDINGLY;
PROVIDING A CONFLICTS CLAUSE; A
SEVERABILITY CLAUSE; AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
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, Cross Creek Centre has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of rezoning a
certain parcel of land consisting of approximately 3.971
acres located within the municipal limits of said City, said
property being more particularly described hereinafter, from
R-3 (Multiple-Family Dwelling District) to PCD (Planned
Commercial District); and
WHEREAS, the City Council adopted Ordinance No. 86-46,
approving said rezoning on December 16, 1986, subject to
numerous conditions contained therein; and
WHEREAS, Cross Creek Centre has heretofore filed a
Petition with the City of Boynton Beach, Florida pursuant to
Section 9 of Appendix A-Zoning of the Code of Ordinances,
City of Boynton Beach, Florida for the purpose of expanding
the PCD zoning northward by rezoning an additional .74 acre
parcel, the combined parcels of land now consisting of
approximately 4.715 acres located within the municipal
limits of said City, said property being more particularly
described hereinafter, from R-3 (Multiple-Family Dwelling
District); and
WHEREAS, the City Council deems it is in the best
interests of the inhabitants of said City to amend the
aforesaid Revised Zoning Map as hereinafter set forth, and
to make said approval subject to all of the terms and
conditions delineated in Ordinance 86-46 which are herein
incorporated by reference.
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, to wit:
See attached Exhibit "A"
be and the same is hereby rezoned from R-3 (Multiple-Family
Dwelling District) to PCD (Planned Commercial District).
Section 2: That the aforesaid Revised Zoning Map of
the City shall be amended accordingly.
Section 3: That the application of the owners and
agents of the subject property for rezoning is hereby
granted for the purpose of permitting the development of
said land as a Planned Commercial District (PCD)
specifically in accordance with the development plans and
specifications therefore now on file with the office of the
City Planner in the City of Boynton Beach, Florida and all
requirements, terms and conditions established and set forth
in the minutes of the Planning and Zoning Board and the City
Council of the City of Boynton Beach, Florida, pertaining to
the review and approval of said application, which minutes
are hereby made a part hereof by reference, and staff
comments are attached hereto as Exhibit "B".
Except as provided herein, the Applicant shall proceed
in strict accordance with all Ordinances of the City of
Boynton Beach, including but not limited to its zoning,
electrical, plumbing, subdivision, planning and zoning codes
and all rules and regulations of the State of Florida,
Department of Environmental Regulations.
Section 4: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
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 6:
This Ordinance shall become effective
immediately upon passage.
SECOND READING and FINAL PASSAGE this~/~__, day of
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
Ci£¥ ~erk
Vice Ma~
Cou~T M~mbe r ~
(SEAL)
EXHIBIT "A"
DESCRIPTION OF PARCEL
CROSS CREEK CENTRE
A certain parcel of real property in Section 29,
Township 45 South, Range 43 East, City of Boynton Beach,
Palm Beach County, Florida, more particularly described as
follows:
From the Northwest corner of Section 29, Township 45 South,
Range 43 East, Palm Beach County, Florida run North 87°
43'48" EaSt along the North line of said Section 29 a
distance of 784.38 feet to the Point of Beginning and the
Northwest corner of the herein described parcel continue
thence along the North line of Section 29 North 87°32'48''
East a distance of 1156.02 feet to the Centerline of Lake
Worth Drainage District Canal E-4 thence South 2~05'54'' East
along the centerline of said Canal E-4 a distance of 278.82
feet, more or less, to the centerline of-State Road S-804 as
same is recorded in Road Plat Book 2, pages 217 through 220,
Public Records of Palm Beach County, Florida thence South
87°54'06'' West along the centerline of said State Road S-804
a distance of 1156.02 feet, thence North 2~05'54'' West a
distance of 271.35 feet, more or less to the Point of
Beginning.
LESS the East 75 feet thereof for R/W of L.W.D.D. Canal E-4,
ALSO LESS the North 30 feet thereof for R/W of L.W.D.D.
Canal L-24, AND ALSO LESS the South 53 feet thereof for R/W
of State Road S-804 as shown in Road Plat Book 2 at page
220, Public Records of Palm Beach County, Florida.
Containing 4.715 acres, more or less.