Loading...
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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.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