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O82-46 AN oRDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HEREWITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS C-3 (COMMUNITY COM~4ERCIAL); PROVIDING FOR A SAVINGS CLAUSE; REPEALING PROVISIONS; 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, the City Council of the City of Boynton Beach, simultaneously herewith adopted an Ordinance annexing a parcel of land more particularly described herein into the City limits of said City. WHEREAS, the owners and agents of said property have requested the above mentioned zoning category; and WHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development and has recommended approval thereof; and WHEREAS, the City Council deems it the best interest 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 COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That the following described land, located in the City of Boynton Beach, Florida: SEE ATTACHED LEGAL DESCRIPTION (EXHIBIT "A") be and the same is hereby zoned C-3 (Community Commercial). Section 2. That the application of First Federal Saving~ and Loan Association of Lake Worth, as owner, for rezoning of subject tract is hereby granted for the purpose of permitting the development ~f said land in accordance with the aforesaid annexation p~tition and staff comments attached hereto and made part hereof by reference. Section 3. That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 4. That should any section or provision of this Ordinance or a 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. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 6. This Ordinance shall become effective immediately upon its passage. FIRST READING this ./~ day of . ~ SECOND, FINAL READING and PASSAGE this /~ 1982. day of CITY OF BOYNTON BEACH, FLORIDA ~i6e Mayor ATTEST: City Clerk (COrp. Seal) DESCRIPTION A portion of Tracts 31, 32 and 33 of the Subdivision of Section 19, Township 45 South, Range 43 East, Palm Beach County, Florida, according'to the plat thereof recorded in Plat Book 7 at page 19 of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Commence at the Southeast corner of said Section 19; thence N. 0o59'39'' W., along the East line of said Section 19, 1262.20 feet to a line 40.0 feet North of and Rarallel with the center- line of Old Boynton Road;.thence N. 89v46'34"W., along said parallel lin~ 60.0l feet to the Point of Beginning; thence cont'inue N. 89o46"34'' W. along said parallel line, 837.51 feet; thence N. 0°59'3.9'' W., 1~0.00 feet; thence N. 14'°46'19'' W., 207.00 feet; thence N. 0o59'39'' W., 231.62 feet; thence N. 43032'54" E., 57.02 feet; thence N. 88o05'26'' E., 846.73 feet to a line 60.00 feet West of and parallel with the East line of said Section 19; thence S..0°59'39'' E., along said parallel line, 634.64 feet to the Point of Beginning. Containing 12.30 Acres, more or. less. EXHIBIT "A" TO: FROM: SUBJECT: AGENDA MEMORANDUM. City Manager's Office City Planner City Council Agenda for Regular (wkshop or reg.) meeting of Sept.21,1982 (date) Please put the following item on the City Council Agenda for the above date~ 1. Description: Application for Land Use Amendment and Rezoning submitted by. First Federal SaVings and Loan As'socila. tilon of Lake Worth to show a 12.3 acre tract of land as local retai.il and to rezone this tract of land from~Pal-m Beach' County AG Agriculture to C-3 Commun±ty Commercial. This property is proposed to be. deyeloped into commerc'~al uses ancillary to the 'prOposed Boynton Be~ch ~ll, Recommendations: After conducting a public hearinq, the Planning and Zoninq Board unanimously-recor~nended that the application for land use amendment and rezoninq submitted by First Federal Savings and Loan Associati'on of Lake ~orth. be .aporoved based on the positive recommendation from the City Planner. Explanation of Recommendations: The motion to reco.mmend approval was made by M~. Wandel't and seconded by-M~. Documents, detailed cost estimates, maps, etc., supporting each-item should be attached and be reproduced in sufficient~number for-the City~'Manager and each Council Member to receive a copy. Department He~d Carmen S. Annunziato, City Planner * Return this form with supporting documents by noon Wednesday for regular meeting. MPC/6/81 PETITION FOR VOLUNTARY ANNEXATION Petitioner, First Federal Savings and Loan Association of Lake Worth, submits to the City Council of the City of Boynton Beach, Florida, this, its Petition for Voluntary Annexation, and states as follows: 1. Petitioner is the owner of ~ertain real property, herein- after referred to as the "Property", situated in Palm Beach CoUnty, Florida, and more particularly described' in Exhibit "A", attached hereto. m Property pursuant to Chapter 171, Florida Statutes, in that: a. The property proposed to be annexed is in the The Cit~ of Boynton Beach has jurisdiction to annex the unincorporated area of Palm Beach County; b. The property proposed to be annexed is reasonably compact and is contiguous to the present corporate boundaries of the City of Boynton Beach; and c. Annexation of the property proposed to be annexed shall not result in the creation of enclaves. 3. Petitioner submits this Petition for Voluntary Annexation with the understanding that it shall be specifically contingent upon the following conditions: a. Rezoning of those portions of the Property now zoned Agriculture to community Commercial, Category C-3. b. Adoption of a resolution by the County Commission of Palm Beach County consenting to the rezoning of the Property and including a finding of consistency with the Palm Beach County Comprehensive Plan. c. Agreement by the City to adopt the necessary approvals by the City t6 permit development of the Property for any commercial use permitted in'zoning Category C-3. d. Agreement by the City that no traffic improvements other than those that are the obligation of the Developer as set forth in the Agreement attache~d hereto as Exhibit "B" will be required to permit development of the Property in accordance with the provisions of Paragraph 3 c of this Petition. 4. In return for the acceptance by the City of Boynton Beach of the Petition for Voluntary Annexation, Petitioner agrees to have provided the improvements as set forth in the Agreement attached hereto as Exhibit "B". 5. Petitioner reserves the right to Withdraw or to modify this Petition (iqcluding exhibits) for Voluntary Annexation at any time prior to enactment of the ordinance required by Chapter 171.044(2), Florida Statutes, annexing the Property. 6. Agreement that rezoning, land use amendment, etc., will be processed concurrently with this petition, so that final approval of all of these matters by the Boynton Beach City Council (the "Council")~will occu~ at the same meeting at which final approval by the Council of the annexation occurs. WHEREFORE, Petitioner respectfully requests that the Property be annexed into the City of Boynton Beach, Florida. DATED this ~o day of July, 1982. FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF LAKE WORTH is H. J~l~hson ~ Senior Vice Presiden~