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O82-44ORDINANCE NO. ~'' ~ AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY, BY ZONING A PORTION OF A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN WHICH IS BEING SIMULTANEOUSLY HERE- WITH ANNEXED INTO THE CITY OF BOYNTON BEACH BY ORDINANCE AS C-3 (COMMUNITY COMMERCIAL); PROVIDING THAT SAID PROPERTY SHOULD BE DEVELOPEDi''1~ IN ACCORDANCE WITH PETITION FOR ANNEXATION AND STAFF COMMENTS PJ~F.~E~ENCED HEREIN AND RESOLUTION R-74-343 OF THE BOARD OF COUNTY COMMISSION APPROVAL OF PERMIT IN ACCORDANCE WITH DEVELOPMENT OF REGIONAL IMPACT PROCEDURES; 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; and, 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 as C-3 (Community Commercial). Section 2. That the application of Homart-Boynton Associates 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 and resolution No. R-74-343 of the Board of County Commissioners, Palm Beach County approving a permit in accordance with Development of Regional Impact Procedure. 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 '/f day of ~ SECOND, FINAL READING and PASSAGE this .... /~ of ~ , 1982. · 1982. day. CITY OF BOYNTON BEACH, FLORIDA By: Major uncil ~r ATTEST: · City Clerk' (Corp. Seal) attached hereto and made part hereof by reference and resolution No. R-74-343 of the Board of County Commissioners, Palm Beach County approving a permit in accordance with Development of Regional Impact Procedure. 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 uoon its passage. FIRST READING this . ~/f day of . ~ SECOND, FINAL READING and PASSAGE this... /~ of ~ , 1982. , 1982. day CITY OF BOYNTON BEACH, FLORIDA ~i~ce ~yor ~C~r ~l~ember ~ ~/ ATTEST: hity Cle,rk~ ~ (Corp. Seal) BOYNTON BEACH MALL PARCEL #45 - MALL TRACT (CONTINUED) thence N 46° 27' 06" W a distance of 56.11 feet to a point; thence S 88° 05' 26" W a distance of 430.00 feet to a point; .thence S 00° 59' 39" E a distance of 609.99 feet to a point; thence N 88© 05' 26" E a distance of 430.00 feet to a point; thence N 43° 32' 5~" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 00° 59 ' 39" E along said westerly right-of-way line of Congress Avenue a distance of 170.01 feet to a point; thence N 46° 27' 06" W a distance of 56.11 feet to a point; thence S 88° 05 26" W a distance of 608.00 feet to a point; thence S 00© 59 39" E a distance of 230.00 feet to a point; thence N 88° 05 26" E a distance of 340.00 feet to a point; thence S 00° 59 39" E a distance of 150.00 feet to a point; thence S 88° 05 26" W a distance of 340.00 feet to a point; thence S 00° 59 39" E a distance of 229.99 feet to a point; thence N 88° 05 26" E a distance of 608.00 feet to a point; thence N 43© 32 54" E a distance of 57.02 feet to a point on the westerly right-of-way line of Congress Avenue; thence S 00© 59' 39" E along said westerly right-of-way line of Congress Avenue a distance of 130.01 feet to the principal point and place of beginning and containing 108.30 acres of land, more or less. Exhibit ~A PETITION FOR VOLUNTARy ANNEXATION (Regional Mall - 108.30 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 V01untary Annexation, and states as follows: 1. Petitioner is the owner of certain real property, herein- after referred to as the "Property", situated in Palm Beach County, Florida, and shown on Exhibit "A" and more Particularly described in Exhibit '"A-i" attached hereto. , 2'. The City of Boynton Beach has jurisdiction to annex the Property pursuant to Chapter 171, Florida Statutes, in that: a. The propertyproposed 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 ko Commercial, to'permit development of the Property in accordance with the site plans attached hereto as Exhibit "B-l" and "B-2". 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 assess any capital facility charges, impact fees, development fees, etc., to the Department Stores and to the individual tenahts that will lease spaces in the shopping center to be built on the Property. d. Adoption of a developmen~ 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". e. Agreement by the City to adopt the necessary approvals by the City to permit development of the Property in accordance with the site plans attached hereto as Exhibit "B-l" and "B-2". SpecifiCally, these approvals shall include, but not be limited to, acceptance of the proposed height and parking specifications set forth on Exhibit "B-i" and "B-2". f. Agreement by the City that no traffic improvements other than those that are the obligation of the Developer as set forth in the Agreement attached hereto as Exhibit "D" will be required to permit development of-the Property in accordance with site plans shown in Exhibit "B-i" and "B-2". g. 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 (inciuding 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 ~he 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 ~1~ day of HOMART-BOYNTON ASSOCIATES (a Florida General Partnership) By BOYNTON BEACH, INC. -- Rober~SChreiber - ATTEST' Y Vice President RESOLUTION, NO. R-7~- 3~3 RESOLUTION APPROVING DEVELOPMENT OF REGIONAL IMPACT "' WHEREAS, the Board of County Commissioners, as the go~epning Bod~ pursuant to ~he authpr~ty vested in Chapter 113 and Chapter 125, Flopida Statutes, and Chapge~ 70-853, Ba~s o~ F~,~da~ SCeciai Acts lST0~ ~s authorized and empowered to cons~de~ petitions relating tO zoning;, and , WHEREAS, the Board of County C0mraissioners, as the governing Body of local government having ~ur±s~icti°n, pursuant to Chapter 380.031 and Chapter 380.'0.8, Florida Statutes,-is authorized and empowered to consider applications fop development approval of developments Of regional impact; and WHEREAS, the notice ~nd heaping requirements as provided for in Chapte~ ~02.$' of the Palm Beach County %oning Code Ordinance No. 73-2 and Chapter' 38'0.06 (7) have been satisfied; and · & o WHEREAS, pet_i_-.~ion No.. DRI~7~-2.was. presented~t°. the Board of County Commissioners of Palm Beach COunty.. at-its public hearing con- ducted on 25 April 197~. -? NOW~ THERE.FORE, .BE' IT RESOLVED. BY THE BOARD OF. COUNTY COMMIS- SIONERS OF'PALM BEACH COUNTY, FLORIDA, assembled in regulam session this 25th day of April, 197~-that Petition No. DRI-7~-2 by The Edward J. De~artolo' Corporation fo~ development approval of a development of regional impact of a parcel of land lying and being in Section 19, Township ~5 South, Rs~ge ~'3 East, more particularly described as follows a t~act 'of land beginning at the Southwest corner of Tract 38, as shown on the plat of Section 19, Township ~5 South, Range ~3 East, ecorded in-Plat Book 7, page 19; thence Pun Horth 0° 51' 51" West assumed) line of its Northerly extension of said along the West Tract 38, a distance of 1332.27 feet; thence run South 87° 58' ~1" West, a 'distance o.f ~0.0 feet; thence run North 0° 51' 51" %.;est, a distance of 1191.31 feet; thence run ~opth 88° 5' ?8" East, a distance Exhibit "C" of 1800.0 feet; thence run ·South 0° 59' 39" East: a distance o'f q72.86 feet; thence run North 88° 5' 26" East, a distance of 750.84 feet; : thence run South 0° 59' 39" East, a distance of 90.01 feet: thence r.un South 88° 5' 26" West: a distance of 856.73 feet; thence run South q3° 32' 54" West,.. a distanc~ of 57.02 feet; thence run South 0° 59' 39" East, a distance of 529.99 feet; thence run South q6° 27' 6" East, a distance of 56.11 feet; thence run,No~th 88° 5' 26" East, a'distance of 856.73 fe~t; thence run South 0° 59' 39" East, a distance of 90.01 feet; thence run South 88° 5' 26" West, a distance of 856.73 feet; thence run South 43° 32' 5q" West, a distance of 57;02 feet; thence run South 0° 59' 39" East, a d~stance of 529.99 feet; thence run South 'q6° 27' 6" 'East, a distance of 5.6.11 feet-; thence, run North 88° 26" East, a distance.of 856.73 feet;.thence run South 0° 59' 39" East~ ,,~a distance of' 90.01 .feet; thence run South 88° 5' 26" West: a distance ~of 856.73 feet; thence run South 43° 32' 53" West, a distance of 57.02 feet; thence run South 0° 59' 39" East~ a'distance of 58'i.6-2 feet;· thence run North 89° 46' 3~" .West, a distance of 1.640.0 feet to the ,]oint of Beginning.. Said. property 1Qcated on the south slide of Lake Worth Drainage District BoYntgh ·Canal and on 'the west side of Congress Avenue, containing approximately 103.acres,. was approved as advertised subject to the following sp,eci.al conditions.: Developer shall: l) provide continuous-left turn lane on Congress Avenue . from ~0uth of State'Road 804 to just north of project; 2) provide channel-~zed right turn lanes onCongress Ave- hue into the 'three (3) entrances to CongreSs Avenue north appr6ach; ~") install signals at alt.entr~nces to the site except the west entrance and Old Boynton Road; ~) provide ai the intersection of 01d Boynton Road and Congress Avenue: a. left turn lane south appmoach b. signalization installed by developer; 5) provide at the intersection of' State Road 804 and entrance road extension: a. right turn lane east approach b. left turn lane west approach c. right and left turn lanes' north approach; 6) provide at the intersection of Congress Avenue and State Road 804 a. signalization up-graded by the developer b. right, thru, and left.turn lanes all approaches; 7) all signals on Congress Avenue shall be progressive linked; 8) receive approval of drainage from the Lake Worth Drainage District; preserve the pine area located on the. subject property; 10) Boundary Plat shall be filed. BE' IT FURTHER RESOLVED that a copy of this resolution (Develop- ~ merit Order) shall be.transmitted to the State Land Planning Agency~ ~'he owner or developer (petitioner) and a courtesy cop~ furnished to "-the South Florida Regional Planning Council'. The foregoing resolution was offered by Commissioner Weaver ;ho moved its adoption. The motion was seconded by Commissioner Warren ,. and upon being put to a vote, the vote was as follows: Robert F, Cu!pepper .E. W. Wea~er Robert C. Johnson George V. Warren Lake Lytal - Aye - Aye - Aye - Aye The Chairman thereupon declared the resolution duly passed and ~': ~.adoPt ed this 7th day of Nay , 197~, confirming action of 25 April 1974. APPROVED AS. TO FOR,',,'I Al'ID ~l. 3. :,.~.,,11 Co:mb .... PALM BEACH COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS JOHN B. DUNKLE, Clerk By~r ../t'/'~-~. ~-- DepUty' Cller~ AGENDA MEMORANDUM FROM: SUBJECT: 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~ Description: Application for Land Use Amendment and Rezoning submitted by Homart-Boynton Associates to show a 108.3 acre tract of land as local retail and to rezone this tract of land to C-3 Community Commercial from Palm Beach County CG General Commercial and AG Agricuture. This' property is proposed to be developed as theo Boynton Beach Regional Shopping Center. 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 the positive recommendation from the City Planner, e Explanation of Recommendations: The motion to recommend approval was made by Mr. Hester and seconded by Mr. Wandelt. 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 Heqd Carmen S. Annunziato, City Planner * Return this form with supporting documents by noon Wednesday for regular meeting. MPC/6/81