O99-08ORDINANCE NO. 099-~'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH, FLORIDA, REGARDING AN
APPLICATION TO AMEND ORDINANCE 91-70 OF SAID Cl-FY
BY REZONING A CERTAIN TRACT OF LAND (CONSISTING
OF 32.37 ACRES) MORE PARTICULARLY DESCRIBED
HEREIN, FROM AG (AGRICULTURAL) 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 32.37 acres, said land being more particularly described hereinafter, from
Agricultural Residential (AG) to C-3 Community Commercial; and
WHEREASf 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, THEREFOREf BE ZT ORDAZNED BY THE C'[TY COMMZSSTON OF THE
C]:TY OF BOYNTON BEACH,, FLOR.I:DA~, THAT:
Section 1: The following described land, located in the City of Boynton Beach,
:lorida as set forth as follows:
See Exhibit "A" Attached Hereto.
be and the same is hereby rezoned from Agricultural (AG) 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Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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.
FfRST READING this ~, day of /¢~,~¢//~ , :[999.
SECOND, F~NAL READING and PASSAGE this ~ day of ~,~,~"/~, 1999.
CITY OF BOYN~N BEACH, Fi_ORCA
Vice Mayor
CommisskJner
ATTEST:
Cit~ Clerk
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',~ TOGF. THER WI'TH:
The 25 foot road as shown on the plat of PALM BEACH FARMS COMPANY PLAT NO. 8, according to
the Plat thereof, recorded in Plat Book 5, Page 73; of the Public Records of Palm Beach County, Fiodda,
lying directly South of and adjacent to the South line of Tracts 44, 50 and the 30' vacated road lying
between said Tracts 44 and 50 of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45
SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19 of the Public
Records of Palm Beach County, Florida;
TOGETHER WITH:
Tract 47, Less the North 20 feet thereof for road Right-of-Way, of the SUBDIVISION OF SOUTHEAST
% OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded
in Plat Book 7, Page 19, of the Public Records of Palm Beach County, Flodda.
TOGETHER WITH:
The West 89.90 feet of the following described parcel:
A portion of Tract 42 of the SUBDIVISION OF SOUTHEAST % SECTION OF SECTION 19, TOWNSHIP
45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the
Public Records of Palm Beach County, Florida LESS the South 320 feet and LESS the North 20 feet for
road Right-of-Way and being more particularly described as follows:
Commencing at the Northeast corner of said Lot 42; thence run along the East line of said Lot 42 on an
assumed bearing of S. 01006'03" E., a distance of 20 feet to a point of intersection of the South Right-of-
Way line of Old Boynton Road and the West Right-of-Way line of Winchester Park Boulevard as now
exists, said point also being the POINT OF BEGINNING; thence continue S. 01006'03, E. along said
West Right-of-Way line of Winchester Park Boulevard a distance of 243.08 feet; thence S. 89009'06" W.,
a distance of 307.55 feet to a point on the West line of said Lot 42; thence N. 01000'33" W. along the
west line of said Lot 42, a distance of 124.60 feet; thence N. 89°50'16" E., a distance of 139.90 feet;
thence N. 01000'33" W. a distance of 127.53 feet to a point on the said South Right-of-Way line of Old
Boynton Road thence N. 89°50'16" E. along the South Right-of-Way line, a distance of 167.26 feet to the
POINT OF BEGINNING.
TOGETHER WITH:
That certain 30 foot Road Right-of-Way, as 'vacated by Resolution No. R-76-802 recorded in Official
Records Book 2586, Page 1378, lying between a portion of Blocks 4 and 5 of PALM BEACH FARMS
COMPANY PLAT NO. 8, according to the Plat thereof, recorded in Plat Book 5, Page 73, of the Public
Records of Palm Beach County, Florida, and that certain 30 foot road Right-of-Way lying in the
SUBDIVISION OF SOUTHEAST N OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST
according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm Beach
County, Florida, all as more fully described as follows:
BEGIN at the Northwest corner of Tract 42, as shown on the SUBDIVISION OF SOUTHEAST % OF
'SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat
Book 7, Page 19, of the Public Records of Palm Beach County, Florida; thence Southerly, along the
West line of Tract 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 a point in the South line of said Section 19; thence Westedy along said SOuth line, a distance of
30 feet; thence Northerly, along the East line of Tracts 50, 49 and 45, as shown on the aforesaid Plat, to
a point of 273.67 feet South of the South Right-of-Way of Old Boynton Road, a 40 foot road shown on
the said Plat of Section 19; thence Easterly, a distance of 30.0 feet to the POINT OF BEGINNING.
That-p'~rti0n- ~)~:" {l~e~ {~ll°~ing' pi:~)'p~rty lyir~g 'v~e.~t- (~:f WINCHESTER PARK BOULEVARD:
Lot A and Lot B, Block 4, lying North of North Right-of-Way line of State Road No. 804 and Lot A and Lot
B, Block 5, lying North of the North Right-of-Way line of State Road No. 804 PALM BEACH FARMS
COMPANY PLAT NO. 8, ACCORDING TO THE Plat thereof, recorded in Plat Book 5, Page 73: of the
Public Records of Palm Beach County, Florida.
TOGETHER WITH:
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
The South 320 feet of Tract 42 of the SUBDIVISION OF SE ~ OF SECTION 19, TOWNSHIP 45
SOUTH, RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public
Records of Palm Beach County, Florida.
TOGETHER WITH:
Tracts 45, 46, 49 and 50, of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45 SOUTH,
RANGE 43 EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records
of Palm Beach County, Flodda, and also described as the E % of S ~ of W % of SE % of Section 19,
....... Township 45 South, Range 43 East; LESS the North 20 feet of Tract 45 and 46 for road right-of-way;
TOGETHER WITH:
THAT PORTION OF THE FOLLOWING PROPERTY LYING WEST OF WINCHESTER PARK
BOULEVARD:
Tracts 43 and 44 of the SUBDIVISION OF SE % OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43
EAST, according to the Plat thereof, recorded in Plat Book 7, Page 19, of the Public Records of Palm
Beach County, Florida;
PROPERTIES
BE
R3
PC;CI
.[
I:ICD
400.'800 F
EXHIBIT "C"
Conditions of Approval
Project name: Wal-Mart Property
:ile numL ANNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: NONE X
UTILITIES
Comments: NONE X
FIRE
Comments: NONE X
POLICE
Comments: NONE X
ENGINEERING DIVISION
Comments: NONE X
BUILDING DIVISION
Comments: NONE X
PARKS AND RECREATION
Comments: NONE X
FORESTER/ENVIRONMENTALIST
Comments: NONE X
PLANNING AND ZONING
Comments: X
1. No. principle buildings shall be placed facing, nor within 500 feet from X
Knuth Road (except when separated by an unrelated use or property.
2. Site plan approval shall include a coordinated sign program for site X
signage intended to maximize shared signage and compatibility with
existing signs.
Page 2
Wal-Mart Property
File No.: ANNX 99-001 and LUAR 99-001
DEPARTMENTS INCLUDE REJECT
3. Ingress/egress shall be coordinated using proposed, principle driveways X
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 X
ensure internal compatibility and compatibility with the adjacent
Boynton Commons PCD.
5. Site plan approval for the entire project shall include a minimum 10 foot X
wide perimeter greenbelt where the project abuts road rights-of-way.
6. Prior to ordinance adoption, supply the city with a market analysis X
verifying adequate demand for the proposed Wal-Mart Store accounting
for existing area competitors (e.g. K-Man and Target).
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
7. To be determined. X
ADDITIONAL CITY COMMISSION CONDITIONS
8. To be determined. X -
J:\SHRDATAXPlanning\SHARED\WP\PROJECTS\Wal Mart\LUAR\COND OF APPROVAL.doc