O96-64ORDINANCE NO. 096-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE REZONING OF BOYNTON COMMONS
PCD; AMENDING ORDINANCE 91-70 OF SAID
CITY BY REZONING A CERTAIN TRACT OF LAND
MORE PARTICULARLY DESCRIBED HEREIN,
PURSUANT TO CHAPTER 2, SECTION 6.F.13 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City oft Boynton
Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, Land Design South, agent for Boynton Commons
Corporation, contract purchaser of the subject property, has
requested approval to modify the previously approved master
plan for the Boynton Commons Planned Commercial Development
(PCD). This 23-acre project, approved on November 21, 1995,
for 186,130 square feet of retail space, is located at the
southwest corner of Congress Avenue and Old Boynton Road and
the current land use, which would remain unaffected by this
rezoning is Local Retail Commercial; and
WHEREAS, pursuant to the City's Land Development
Regulations (Chapter 2, Section 6.F.13), modifications to an
approved planned commercial development which would result in
an increase of ten (10) percent or more in measurable impacts
such as traffic created or water consumed, must be processed
through a new application for zoning to PCD; and
WHEREAS, the proposed changes would represent an increase
in water demand equivalent to approximately 12%;
WHEREAS, 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, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
S~ The following described land, located in the
City of Boynton Beach, Florida, as set forth in Exhibit "A"
attached hereto and made a part hereof, be and the same is
hereby designated PCD zoning, subject to conditions of the
Development Order, dated October 15, 1996, and attached
hereto.
~ All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
~ 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.
~ This ordinance shall become effective
immediately upon signing.
FIRST READING this ~ day of '~~~ , 1996.
SECOND, FINAL READING and PASSAGE this /7 day of
' ~~/;~, 1996.
ATTEST:
Citer Clerk - - ~--' ~
CITY OF BOYNTON BEACH, FLORIDA
Mayor ~ ~
Vic M99o J
/dommissioner ~
Co~i s s ioner
Parcel 1 ~0~., I,
A parcel of land lying in section 19 of township 45 south, range 43
east, said parcel being a portion of lots 39, 40, 41, 43 and 44, of
the subdivision of section 19, township 45 south, range 43 east, as
recorded in plat book 7, page 19, of the public records of Palm
Beach County, Florida.
Said parcel being more fully described as follows:
Commencing at the southeast corner of section 19, township 45
south, range 43 east, thence with a bearing of south 87o32,47,,
west, along the south line of section 19, a distance of 60.00 feet
to a point on the west right-of-way line of Congress Avenue; thence
with a bearing of north 01o22'43,, west, along the west right-of-way
line of Congress Avenue, a distance of 300.00 feet to the point of
beginning; thence with a bearing of south 8.7032,47'' west, a
distance of 390..00 feet; thence south 68o03'48'' west, a distance of
273.33 feet; thence north 02o27'13,, west, a distance of 41.60 feet;
thence south 83ot6,46,, west, a distance of 269.64 feet to a point
on Winchester. Park Blvd.; thence with a curve to the right along
the east right-of-way line of Winchester Park Blvd., having a chord
bearing of north 08o13'05'' east, a radius of 2193.99 feet, a
central angle of 06°59'36., and an arc length of 267.79 feet;
thence with a reverse curve to the left having a chord bearing of
north 05016'24'' west, a radius of 2149.31 feet, a central angle of
12°48'_59'', -and an arc length of 480.78 feet to a point; thence
north 01o06'06,, west, alOng the east right-of-way of Winchester
Park Blvd. ~ distance of 223.72 feet; thence north 44o22'08,, east,
a distance of 35.64 feet, to a point on the south right-of-way line
iof Old Boynton Road; thence with a bearing of north 89o50'22,, east,
along the south right-of-way line of Old Boynton Road, a distance
~of 763.72 feet; thence with a bearing of south 45°46'11,, east, a
distance of 34.98 feet to a point on the west right-of-way line of
iCongress Avenue; .thence with a bearing south 01°22'43. east, a
idistance of 860.95 feet to the point of beginning.
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the southeast corner of Section 19; thence north
01°22'43'' west, along the east line of said section 19, a distance
of 25.00 feet; thence south 87032'47'' west, along a line lying
25.00 feet north of (as measured at right angles to) and parallel
to the south line of said section 19, a distance of 60.00 feet to
the point of beginning; said point also being a point on the west
right-of-way line of Congress Avenue; thence continue south
87032'47'' west, along a line lying 25.00 feet north of (as measured
at right angles to) and parallel to the south line of said section
19, said line also being the north right-of-way line of the
L.W.D.D. lateral 24, as recorded in official records book 2370,
page 1595 and 1596, a distance of 510.31 feet; thence north
02°27'13" west, a distance of 230.55 feet; thence north 68003'48''
east, a distance of 133.10 feet; thence north 87032'47'' east, a
distance of 390.00 feet to a point on the west right-of-way line of
Congress Avenue; thence south 01022'43'' east, along the west right-
of-way line of Congress Avenue, said line lying 60.00 feet west of
(as measured at right angles to) and parallel to the east line of
said section 19, a distance of 275.00 feet more or less to the
point of beginning.
A parcel of land lying in section 19, township 45 south, range 43
east, Palm Beach County, Florida, said parcel being a portion of
tracts 44, 40, and 39, of the plat of subdivision of section 19,
township 45 south, range 43 east, as recorded in plat book 7, page
19, of the public records of Palm Beach County, Florida, said
parcel being more particularly described as follows:
Commencing at the northeast corner of section 30, township 45
south, range 43 east; thence with a bearing of south 87057'53'' west
along the north line of section 30, a distance of 50.00 feet to a
point on the west right-of-way line of Congress Avenue; thence
continue along the aforementioned course extended a distance of
937.65 feet to a point on the east right-of-way line of the Mall
Road; thence with a curve to the right along the east right-of-way
line of the Mall Road with a chord bearing of north 00059'06'' west,
a radius of 2193.99 feet, a central angle of 00°39'01'', and an arc
length of 25.01' feet to a point; thence with a bearing of north
87o32,47,,.east, along a line lying 25.00 feet north of and parallel
to the sou~h line of section 19, a distance of 285.00 feet, said
point being the point of beginning; thence with a bearing of north
02o27'13'' west, a distance of 183.78 feet; thence north 68003'48''
east, a distance of 140.23 feet; thence south 02°27'13'' east, a
distance of 230.55 feet to a point on a line lying 25.00 feet north
of and parallel to the south line of section 19; thence with a
bearing of south 87032'47'' west, a distance of 1'32.20 feet along
the south line of section 19, more or less- to the point of
beginning.
A parcel of land lying in sections 19 and 30, township 45 south,
range 43 east, Palm Beach County, Florida, said parcel being a
portion of tracts 39, 40, and 44, of the plat of subdivision of
section 19, township 45 south, range 43 east, as recorded in plat
book 7, page 19, of the public records of Palm Beach County,
Florida, and a portion of lot "A" block 1, and a portion of lot "A"
block 2, of the subdivision of Palm Beach Farms Company Plat No. 8,
as recorded in plat book 5, page 73, of the public records of Palm
Beach County, Florida, said lands being more particularly described
as follows:
Commencing at the southeast corner of said section 19; thence with
~a bearing of south 87032'47'' west, along the south line of section
19, a distance of 60.00 feet to the point of beginning, on the west
~right-of-way line of Congress Avenue; thence with a bearing of
isouth 01022'40'' east, a distance of 17.50 feet, to a point; thence
with a bearing of south 87032'47'' west, along a line lying 17.50
ifeet south of and parallel with the north line of section 30, a
distance of 190.03 feet to a point; thence south 01022'40'' east, a ~
distance of 42.50 feet to a point; thence south 87032'47'' west,
along a line lying 60.00 feet south of and parallel to the north
line of section 30, a distance of 450.89 feet to a point; thence
north 02°27'13'' west, a distance of 60.00 feet to the north line of
section 30; thence continue north 02"27'13" west, a distance of
25.00 feet to a point; thence with a bearing of north 87032'47''
east, along a line lying 25.00 feet north and parallel to the south
line of section 19, a distance of 642.52 feet to a point; thence
With a bearing of south 01022'40'' east, a distance of 25.00 feet
more or less to the point of beginning
Total area Parcels 1 through 4 equals 22.885 acres.