O99-09ORDINANCE NO. 099-,m~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REGARDING AN
APPLICATION TO AMEND ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN, FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-3 (COMMUNITY
COMMERCIAL); 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, Kimley-Horn and Associates, Inc., agent for Wal-Mart Stores
East, Inc., contract vendee of owners of the property more particularly described
hereinafter, has heretofore filed a Petition, 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 tract of land consisting of 9.64 acres, said land being more
particularly described hereinafter, from Agricultural Residential (AR) in Palm Beach
County to C-3 Community Commercial; 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 TI' 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 as follows:
See Exhibit "A" Attached Hereto.
be and the same is hereby rezoned from Agricultural Residential (AR) in Palm Beach
County to C-3 Community Commercial. A location map is attached hereto as Exhibit "B"
and made a part of this Ordinance by reference. Attached as Exhibit "C" is a copy of the
conditions/requirements for this rezoning, which are incorporated herein.
Section 2: That the aforesaid Revised Zoning Map of the City shall be amended
accordingly.
Section 3: All 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repealed.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 /~,~,~//_ ,1999.
SECOND, FINAL READING and PASSAGE this ~ day of
ATTEST',
Cl-FY O.~ BOYNTOItJ BEC)SH, FLORIDA
IVl~yor// ~
Commissioner
Commissioner
I of the SUBDIVISI~N '(~F' ~'0'bTI~EA~:r'~ ~[:: ~SEC~'ION 19, TOWNSHIP 45 SOUTH, RANG. E
Tract 5 . · - recorded in Plat Book 7, Page 19, of the Public Records of Palm
43 EAST, accon3ing to the Plat thereof,
Beach County, Flodda.
act 52 of th.e. SU f. recorded in Plat Book 7, Page 19, of the ~,uu
EAST, according to the P.l.at th. ereo_~.;~_~ __ ,,... e,.,,,h ,,~ of the Souttm~st % of the Southwest % of_the
Beach County, Florida. _A.i.s°_.~e~=~';~';~;i-~ RANGE 43 EAST, LESS the West 15 feet
~..,,,h..==, i/~ of SECTION l=, ,u,,,,,.,, -- -,...-----'.'.";, ..... ,.,_.. .... n~*ect Canal L-24 Right-of-
~h'~e~;;~';c~'Ll~SS that portion thereof lying within the Ual(e worm ur'~--,~=
Way:
Also, that part of the Lake Worth Drainage District Canal L-24 right-of-way lYing North 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, of the Public Records of Palm Beach County, 'Fiorida; same portion of said Canal L-24
dght-of way lying within Tract 52 of the Subdivision of Southeast % 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, Flodda.
Together with the West 15 feet of Tract 52 of the Subdivision of SE % 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, Florida.
Together with the right-of-way of Knuth Road lying West and adjacent to the afore described Tracts 51
and 52.
~ .. LOCATION MAP EXHIBIT "~"
~'WALMART ANNEXATION/REZONI'I~IG
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EXHIBIT "C"
Conditions of Approval
Project name: Wal-Mart Property
~NNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE [ REJECT
PUBLIC WORKS
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments:
1. No principle buildings shall be placed facing, nor within 500 feet from
Knuth Road (except when separated by an unrelated use or property.
2. Site plan approval shall include a coordinated sign program for site
signage intended to maximize shared signage and compatibility with
existing signs.
3. Ingress/egress shall be coordinated using proposed principle driveways
to the Wal-Mart use (except for two out parcels on Boynton Beach
Boulevard) and interconnection between the principle use and perimeter
uses.
4. Architectural design guidelines shall be required for site plan approval to
Page 2
Wal-Mart Property
File No.: ANNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE REJECT
ensure internal compatibility and compatibility with the adjacent
Boynton Commons PCD.
5. Site plan approval for the entire project shall include a minimum I0 foot
wide perimeter greenbelt where the project abuts road rights-of-way.
6. Prior to ordinance adoption, supply the city with a market analysis
verifying adequate demand for the proposed Wal-Mart Store accounting
for existing area competitors (e.g. K-Mart .and Target).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
'7. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
8. To be determined.
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