O82-45 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 COMMERCIAL PRO-
VIDING FOR A SAVINGS CLAUSE; REPEALING
PROVISIONS; AN EFFECTIVE DATE ANH 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, d~scrib~dl ia~d~ 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 Homart-Boynton
Associates, as owner for rezoning of sUbject tract is hereby
granted for the purpose of permitting the development of said
land in accordance with the annexation petition 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.
Seq.~i0n 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in conflict herewith are hereby repealed.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 ~ , 1982.
SECOND, FINAL READING and PASSAGE this .../~ day of
~ t 1982.
city Clerk ~/
(Corp. Seal)
BOYNTON FIEACtl blALL
PARCEL tl 2
Being a tract of land located ~.n Section 13, Township 45
South, Range 43 East, Cou,~ ty of Palm Beach, Florida aud
further described as follows:
Beginning at the southeast corner of Section 19, T 45 S,R 43.
E; Thence N 00° 59' 39" W along the east line of said
Section 19, a distance of 2028.11 'feet to a .point; thence S
-89" 00' 21" W a distance of 60.00. feet to a point on the
westerly right-of-way line of Congress - Avenue, said point
being the principal point and place of beginning of the
following desc. ription:
TheJce S 43~. 32' 54." W a distance of 57.02 feet to a point;
thence S.88~ 05' 26" W a distan.ce of 608.00 feet to a point;
thence N 00° 59' 39" W a distance of 229.99 feet to a point;
thence N 88" 05' 26" E a distance of 340.00 feet to a point;
thence N 00° 59' 39" W a distance of 150.00 feet to a point;
ttience S 88° 05' 26" W a distance of 340.00 feet to a point; -
thence N 00° 59' 39" W a distance of 230.00 feet to a point;
thence N 88" 05' 26" E a d'istance of 608.00 feet to a point;
thence S 46" 27' 06" E a distance c~f 56.11 feet' to a point on
the westerly righ.t-of-way ~ine of Congress Avenue; thence S
00° 59" ~39" E along the westerly right-.of-way line of
Cong.ress Avenue,- a distance of 529.99 'feet to the principal
point and place of beginning and containing 7.87 acres of
land, more or less.
BOYNTON BEACtl MALL
PARCEL ~ 3
Being a tract of land located i~] Section 19, Township 45
South, Range- 43 East, County of Palm Beach, Florida and
further described as follows:
Beginnihg a~"the southeast corner of Section 19, T 45 S,R 43
E; Thence N 00° 59' 39" W along the east line of said
Section 19,. a distance of 2728.11 feet to a point; thence S
89° 00' 21" W a distance of 60-00. feet to a point .on the
westerly right-of-way line of Congress Avenue, said point
being tile principal point and place .of beginning of the
following description:
Thence S 43° 32' 54" W a distance of 57.02 feet to a point;
thence S 88° 05' 26" W a distance of 430.00 feet to a point;
thence N 00° 59' 39" W a distance of 609.99 feet to a point;
thence N 88° 05' 26" E a distal]ce of 430.00 feet to a point;
thence S 46° 27' 06" E a distance of 56.11 feet to a point on
the westerly right-of-way line of Con. gress Avenue; thence S
00° 59 ' 39" E along the westerly right-o f-way line
Congress Avenue, a distance of 529.99 feet to the principal
point and place of beginning and containing 6.54 acres of
land, more or less. .
EXHIBIT A
AGENDA MEMORANDUM
City Manager's Office
FROM:
SUBJECT:
City Planner
City Council Agenda for
Regular
(wkshop or reg.)
meeting of Sept.21,1982
(date)
~lease put the following item on the City Council Agenda for the above date~
Description: Application for Land Use Amendment and Rezoning
submitted by Homart-Boynton Associates to show two tracts of land
totaling 14.4~ acres as local retail and to rezone these tracts
from Palm Beach County AG Agriculture to C-3 Community Commercial.
The properties are proposed to be developed for commercial and' office
uses ancillary to the Boynton Beach Mall
Recommendations: After conducting a public hearing the Planning
and Zoning Board unanimously recommended that the application for
land use amendment and rezoning submitted by Homart-Boynton Associates
be approved based on a positive recommendation from the City Planner.
Explanation of Recommendations: The motion to recommend approval
was made by Mr. Wandelt and seconded by Mr. ~es~r
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 H~d
Carmen S. Annunziato,
City Planner
* Return this form with supporting documents by noon Wednesday for
reguiar meeting.
<~ MPC/6/81
PETITION FOR VOLUNTARY ANNEXATION
Out-Parcel ~2 (7.87 ac) and #3 (6.54 ac)
Petitioner, Homart-Boynton Associates, a Florida General
Partnership, 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 6ertain real property, herein-
after referred to as the "Property", situated in Palm Beach County,
Florida, and shown on Exhibit "A" more particularly described in
Exhibit "B-I" and "B-2", attached hereto.
2. The City of Boynton Beach has jurisdiction to annex the
Property pursuant to Chapter 171, Florida Statutes, in that:
a. The property proposed to be annexed is in 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. Adoption of a development order, pursuant to Section
380.06(14) (e), Florida Statutes, incorporating the provisions of
Resolution No. R-74-343, a copy of which is attached hereto as
Exhibit "C".
d. .Agreement by the City to adopt the necessary approvals
by the City to permit development of the P~operty for any commercial
use permitted in zoning CategOry C-3 and such approvals shall
include, but not· be limited to, the construction of buildings not
to exceed four (4) stories or a maximum of forty-five (45) feet
in height as defined in the City of Boynton Beach Zoning Regulations.
e. Agreement by the City that no traffic improvements
other than those that are the obligation of the Developer as se~
forth in the Agreement attached hereto as Exhibit "D" will be
required to permit development of the Property in accordance with
the provisions o~ Paragraph 3 d of this Petition.
f. Acceptance by the City of the conditions set forth
in the Petition for Voluntary Annexation of adjoining property
attached hereto as Exhibit "E" and the petition for voluntary
annexation to be filed on the property described on Exhibit "F".
4. In return for the acceptance by the City of Boynton Beach
of the Petition for Voluntary Annexation, Petitioner agrees to
provide or have provided the improvements as set forth in the
Agreement attached hereto as Exhibit "D"
5. Petitioner reserves the right to withdraw or to modify
this Petition (including 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, site plan approval, all required
variances and special exceptions, property subdivision, 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 occur 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
day of
,1982.
HOMART-BOYNTON ASSOCIATES
(a Florida General Partnership)
by BOYNTON BEACH, INC.
~ging Par~er
· 6b~rt~/ Bchreiber'~ -" - Vice President
ATTEST~ ~~~-~/
Secretary