LEGAL APPROVAL
,[
,I
"
I
,
ORDINANCE NO. 094-i~
,/
II
,
I!
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE HEARTLAND HEALTH CARE
CENTER PROPERTY (SOUTH SIDE OF OLD
BOYNTON ROAD, APPROXIMATELY 300 FEET WEST
OF KNUTH ROAD) AME~~ING ORDINANCE 91-70
OF SAID CITY BY REZONING CERTAIN TRACTS
OF LAND MORE PARTICULARLY DESCRIBED
HEREIN, FROM COUNTY RM-SE (MULTI-FAMILY
RESIDENTIAL-SPECIAL EXCEPTION) TO R-3
(MULTI-FAMILY RESIDENTIAL); AMENDING THE
REVISED ZONING MAP ACCORDINGLY; PROVIDING
FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
i
I
I
I
II WHEREAS, the City Commission of the City of Boynton
II Beach, Florida has adopted Ordinance No. 91-70, in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, the City Commission of the City of Boynton
Beach, Florida, in accordance with the Annexation Program, is
simultaneously herewith adopting an Ordinance annexing certain
property; and
WHEREAS, the City of Boynton Beach, in connection with
aforesaid Annexation Program, has heretofore filed a Petition,
pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ordinances, City of Boynton Beach, Florida, for the purpose of
rezoning certain property consisting of 5.75 acres located
adjacent to the municipal limits of said City, said land being
more particularly described hereinafter, from RM-SE Multi-
Family Residential-Special Exception to R-3 Multi-Family
Residential, which requests that the 5.75-acres be removed
from the boundaries of the RM-SE zone to allow for the
processing of the rezoning application;
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:
I Section 1: The following described land, located in the
I
I City of Boynton Beach, Florida, to-wit:
I
!
I
Tract 54 together with North 130 feet of
South 260 feet of Tract 53 of Subdivision
of Section 19, Township 45, Range 43,
Plat Book 7, page 19. Less East 15 feet
for Road R/W and North 20 feet for Road
R/W.
Containing 5.75 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Old Boynton
Road R/W abutting North thereof.
be and the same is hereby rezoned from RM-SE (County) to R-3
ORDINANCE NO. 094-~
II
l'
;/
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE HEARTLAND HEALTH CARE
CENTER (SOUTH SIDE OF OLD BOYNTON ROAD,
APPROXIMATELY 300 FEET WEST OF KNUTH
ROAD) AMENDING ORDINANCE 89-38 OF SAID
CITY BY AMENDING THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN OF THE
CITY BY ADOPTING THE PROPER LAND USE OF
CERTAIN PROPERTY, MORE PARTICULARLY
DESCRIBED HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM HIGH
RESIDENTIAL 8 TO HIGH DENSITY
RESIDENTIAL; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
I
I
I
i WHEREAS, the City Commission of the City of Boynton
ii Beach, Florida has adopted a Comprehensive Future Land Use
Ii Plan and as part of said Plan a Future Land Use Element by
: I Ordinance No. 89 - 38 in accordance wi th the Local Government
1
I
I
II
I,
I'
II
II
I
Comprehensive Planning Act; and
WHEREAS, certain property more particularly described
hereinafter is being annexed by the City in accordance with
the application completed by the City for the owner of the
fOllowing property, pursuant to the Annexation Program, by
Ordinance being adopted simultaneously herewith; and
WHEREAS, the procedure for amendment of a Future Land Use
Element of a Comprehensive Plan as set forth in Chapter 163,
Florida Statutes, has been followed; and
WHEREAS, after public hearing and study, the City
Commission deems it in the best interest of the inhabitants of
said City to amend the aforesaid Element of the Comprehensive
Plan as adopted by the City herein.
NOW, THBRBFORE, BE IT ORDAINED BY THE CITY COMMISSION 0'8
I THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
I Section 1: Ordinance No. 89-38 of the City is hereby
i amended to reflect the following:
I, That the Future Land Use of the
I fOllowing described land shall be
designated as High Density Residential.
Said land is more particularly described
as follows:
Tract 54 together with North 130 feet of
South 260 feet of Tract 53 of Subdivision
of Section 19, Township 45, Range 43,
Plat Book 7, page 19. Less East 15 feet
for Road R/W and North 20 feet for Road
R/W.
Containing 5.75 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Old Boynton
Road R/W abutting North thereof.
Section 2: That any maps adopted in accordance with the
Future Land Use Element of said Comprehensive Plan shall be
ORB d515 pg 1 B./j -:.'
'I
,I
II
II
:,
ORDINANCE NO. 094-~/
.'
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE HEARTLAND HEALTH CARE
/CENTIDt (SOUTH S'IDE OF OLD BOYNTON ROAD,
APPROXIMATELY 300 FEET WEST OF KNUTH
ROAD) ~EXING CERTAIN UNINCORPORATED
TRACTS LAND "mAT ARE CONTIGUOUS TO THE
CITY LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE A
REASONABLY COMPACT ADDITION TO THE CITY
TERRITORY, PURSUANT TO A PETITION OF THE
OWNER OF SAID PROPERTY, REQUESTING
~~XATION PURSUANT TO ARTICLE I, SECTION
7 (32) OF THE CHARTER OF THE CITY OF
BOYNTON BEACH, FLORIDA, AND SECTIONS
171.044, AND 171.062(2), FLORIDA
STATUTES; PROVIDING THE PROPER LAND USE
DESIGNATION AND PROPER ZONING OF THE
PROPERTY SHALL BE REFLECTED IN SEPARATE
ORDINANCES TO BE PASSED SIMULTANEOUSLY
HEREWITH; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE; PROVIDING FOR
ADVERTISING; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
i
Ii
!
WHEREAS, the Comprehensive Plan for the City of Boynton
Beach requires the development of an Annexation Program;
II
I WHER~AS~ the City of Boynton Beach, through the
Annexation Program, has identified adjacent properties that
are the subjects of agreements for water service with the
City;
1IIIB1lBAS, said agreements for water service are also
considered voluntary petitions for annexation pursuant to
Florida Statutes, which can be executed by the City of Boynton
Beach at any time such properties are eligible for annexation
according to Florida Statutes;
WHEREAS, the City of Boynton Beach hereby exercises its
'I
If option to annex the following property as hereinafter
.,
:1 described, in accordance with Article I, Section 7 (32) of the
.i
~: Charter of the City and Section 171.044, and 171.062(2)
Florida Statutes: and
WHEREAS, said tracts property lying and being within Palm
Beach County is contiguous to the existing City limits of the
Ci ty of Boynton Beach, Florida and will, upon annexation,
constitute a reasonably compact addition to the City
territory.
ORB B51~; Ps 18..'-;.8
N~, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY 0'8 BOYNTON BEACH, FLORIDA, THAT:
Section 1: Pursuant to Article I, Section 7 (32) of the
Charter of the City of Boynton Beach, Florida and Section
171.044,
Florida
Statutes,
the
following
described
unincorporated and contiguous property situated and lying and
being in the County of Palm Beach, Florida, to wit:
Tract 54 together with North 130 feet of
South 260 feet of Tract 53 of Subdivision
of Section 19, Township 45, Range 43,
Plat Book 7, page 19. Less East 15 feet
for Road R/W and North 20 feet for Road
R/W.
Containing 5.75 acres more or less, and
subject to easements, reservations or R/W
of record. Together with Old Boynton
Road R/W abutting North thereof.
PC #00-43-45-19-05-054-0010
is hereby annexed to the City of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City with
the
,I
II
same
force and effect
as
though the
same
had been
originally incorporated in the territorial boundaries thereof.
Section 2:
That Section 6 and 6(a) of the Charter of the
City of Boynton Beach, Florida, is hereby amended to reflect
the annexation of said tracts of land more particularly
described in Section 1 of this Ordinance.
I
Section 3: That by Ordinances adopted simultaneously
herewith, the proper City zoning designation and Land Use
category is being determined as contemplated in Section
171.162(2) Florida Statutes.
Sect ion 4:
All ordinances or parts of ordinances in
:1 conflict herewith are hereby repealed.
II
!I Section 5: Should any section or provision of this
"
, Ordinance or any portion thereof be declared by a court of
i competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 6: This Ordinance shall not be passed until the
same has been advertised for two (2) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach,
ORB J~515 Ps 1 BLj 9
Florida, as required by the City Charter anu Section 171.044,
Florida Statutes.
SQCtion 7: The effective date of this Ordinance shall be
the date a final order ~s issued by the Department of
Communi ty Affairs finding the corresponding amendment to
Comprehensive Plan to be in compliance in accordance with
'I Chapter 163.3184, F. S. ,; or the date a final order is issued
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
.1 Intent shall be attached hereto as Exhibit 'A' and made a part
I,
I
I
I
I
I
I
I
of this ordinance by reference.
Section 8:
Specific authority is hereby given to codify
this Ordinance.
Section 9:
This Ordinance,
after adoption,
shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this
J
day of October, 1994.
SECOND, FINAL READING and PASSAGE this
October, 1994.
/$
day of
BEACH, FLORIDA
i
!I
,
Mayor
l~
--Vi~r
I
I
;1
!
II
'I
ATTEST:
~cA:~.
C~ Y Clerk
(Corporate Seal)
A: nHCCAX. ,~RD
NanJe
Address:
i?RP. n CoO 1 r- w~ 1 r. c:- ~
rin'ROTw;~;=-. ~ I ~T -JLi.:'::~'~ r': ~ot-: ?~:-.,; ,~;: ~,.....~ '-j
;.J:.Jt i::f H. TJ~ i\!-j~' :"1. :'.:~ .-:-1 ...~lufdl " ,-'
--. ... . - - - _., j , .
Property Appraisers ParcelldentiflC8tion (Folio) Number(s):
,
j
NOTICE OF ANNEXATION. LAND USE ELEMENT
ChANGE IN LAND uSE
CHANGE IN ZONING
AMENU1ENI'S AND
RRzoNINGS
jiYPOLUXO ...BOAD
'I
ill
L.W.D.D. CANAl. L-18
APPLICATION #3
CITY
LNITS-"
CANAL C-18
CD
APPLIC~
J
ill PALM BEACH CIDVES
f!2 KNOLLWJOD GROVES
PC# 00-42-45-12-02-009-0020
PC# 00-42-45-13-00-000-1130
PC# 00-42-45-13-07-002-0000 ) TABLED
PC# 00-42-45-13-07-001-0000 ) TABLED
f!4 HEAR11JU{D HEALTlI CARE PC# 00-43-45-19-05-054-0010
1'13 SAUSALITO GROVES
#5 ~~ PLAZA 1 PC# 00-43-45-30-01-009-0020
MINUTES - REGUlAR CITY ~ISSION MEETING
BOYNTON BEACH. FLORIDA
OCTOBER 18. 1994
8. Proposed Ordinance No. 094-41 Re: Annexation - Heartland Health
Care Center
City Attorney Cherof read Proposed Ordinance No. 094-41 by title only.
There was no one present to speak on public hearing.
Motion
. ...... --.
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-41 on second
read1ng. Mayor Pro Tem Bradley seconded the motion. A roll call vote was
polled by the City Clerk. The motion carried 5-0. .
9. Proposed Ordtnance No. 094-42 Re: Land Use Element Amendment -
Heartland Health Care Center
City Attorney Cherof read Proposed Ordinance No. 094-42 by title only.
There was no one present to speak on public hearing.
Motton
Mayor Pro Tem Bradley moved to approve Proposed Ordinance No. 094-42 on second
reading. Vice Mayor Matson seconded the motion. A roll call vote was polled by
the City Clerk. The motion carried 5-0.
10. Proposed Ordtnance No. 094-43 Re: Rezoning - Heartland Health
Care Center
City Attorney Cherof read Proposed Ordinance No. 094-43 by title only.
There was no one present to speak on public hearing.
Motton
Vice Mayor Matson moved to approve Proposed Ordinance No. 094-43 on second
reading. Mayor Pro Tem Bradley seconded the motion. A roll call vote was
polled by the City Clerk. The motion carried 5-0. _~'~
11.. Proposed Ordtnance M9rOM-44 Re: Annexatio~:~'Greentree Plaza y
/' /' ~z
City Attorney Chero~/~a(f Proposed Ordinance .~()/O94-44 by titl,;..9AiY.
There was no one present/to speak on public heartng'. /""
.."..- ,..
/
Motion'- '"
/", . ~
Vi ce Mayor Muson moved to approve Proposed Ordi nance N9ti' 094-44 on second
reading. ~yor Pro Tem Bradley secopded the motion. ;4( roll call vote was
polled ~/the City Clerk. The mo~J6n carried 5-0. /
.t- V' V
,'"
,,,r'"
.l"
"f
- 25 -
'WI
MINUTES - REGUlAR CITY COMMISSION MEETING
BOYNTON BEACH, FLORIDA
.....,
OCTOBER 18. 1994
,I
I
12. ~ropO$ed OrdinanCe No. 094-45 Re:
,Green tree Pl aza~1 I
I t'
.l
Land Use Element Amendment -
City At~orney Cherof read Proposed Ordinanc~ No. 094-45 by';title only.
There was no dne present to ~peak on public hearing.
Motion
. .....-
Vice Mayor Matson moved to:approve Proposed Ord1nance No. 094-45'on second
reading. Mayor Pro Tem Br~dley seconded the motion. A roll c." vote was
polled by t,he City Clerk. 'The motion carr1ed $-0.', .
,
i / . .
:13. Proposed Ord'nance No. 094-46 ~e: Rezoning -,~reentree Pla~a I
~ i j . ' ' , .I
City Attorney CherOf read Proposed Ordinance No. 094-46 by title o~ly.
. . '
; 1
There was no one present to speak on publicl\earing.
.!
Motion
,;
I +, J ,~
Vice Maypr Matson moved to approve Proposed~Ord1nance No. 094-46 on secOnd
reading. Mayor Pro Tem eradley seconded tht motion. A rotl call vote ~as
polled by the City Clerk~ The motion carried 5-0. I"~
!4 ~~
, 14. Proposed Ordinance No. 094-4:7 Re: Land Use Element Amehdrnent -
Hunters R~n Commercial Trac, j
; ., ~J .~
~1ty Attorney Ch.rof read Proposed Qrdinance No. 094-47 by title only.
, J "
\ . "
Mayor Kinmening announce~ the public hearing. ~.
, '~' ...
Maurice Rosenstock. 1 Ytl1J Lane. said he Ss not opposed to this Ordi~ance
becaus~;he cannot oppos.;a Court Order. HQwever, he would like to amand the
land U$a of this partic4lar piece of property. He referred to page 2~40f the
Ordina~te and said that when this was orig'nally changed,' the Planning
Oepartrri~nt said, "due t~lthe low average d"ns1ty of surrou)1ding residential
projec~~~ the presence Of shopping centers';2~ miles to the; north and ~~ miles to
the south. and the lack of an east/west thoroughfare. th1$; site would be more
~ . ,\", ' 1
su1tabl, for office use _s opposed to retatl. Office use~ould also ~reate
fewer 1~pacts on the adJa~ent PUO and the Q1ty park which rlies to theenorth;
therefdre. it is recomme~~ed that this pardel be placed 1n1the Off1ce~~ommercial
land US~ category.. Mr. ~osenstock said t~'s statement ha~ not changed. The
only th~ng which has changed is the fact t~t a Court Orde~ now exist.. He
feels the Ordinance ShOUlij.. say that the lan'P use 15 being ~ended bej:use the
Court o~dered it done. ~ p j
AttorneJ Cherof said the language which is stricken in Proposed Ordinance No.
094-48,]hot this Ordinance, is superfluous to the Commission's consideration of
this issue. The language. if left in the Ordinance. could possibly be read by
someone as being inconsistent with the Court Order.
- 26 -
NOT ICE 0 F Z 0 N I N G C H A N G E
C I T Y 0 F BOY N TON B E A C H
PUB L I C H EAR I N G S
In connection with the City's Annexation Program, the city of
Boynton Beach proposes to annex, change the use of land, and rezone
the property indicated on the map below. Public hearings on these
proposals will be held before the Planning and Development Board on
June 14, 1994 and before the city Commission on June 21, 1994, both
at 7:00 P.M. or as soon thereafter as the agenda permits, at city
Hall in the Commission Chambers, 100 East Boynton Beach Boulevard,
Boynton Beach, Florida.
~
LJL
..,
BOYNTON CANAL C-16
APPLlC
i
(!)I~
'<-'I" ;
'U"JI,..,,, PUT,
~~
c
-<
o
a:
w
o
z
w
a:
~
:5 CITY
L1MITS-
AVENUE
OLD BOYNTON ROAD
~~I
APPLICATION #4 - HEARTLAND HEALTH CARE CENTER
PETITIONER:
PROPOSED:
LOCATION:
Heath Care and Retirement Corp. of America
No change proposed to current nursing home
5.75 acres of property on the south side of
Old Boynton Road, appx. 300 feet west of Knuth
Road.
Complete legal description on file in the
Planning Department, 100 East Boynton Beach
Boulevard, Boynton Beach, Florida.
LEGAL DESCRIPTION:
REQUEST:
REQUEST:
ANNEXATION:
AMEND FUTURE LAND USE PLAN:
From - HRa High Residential a (County)
To - High Density Residential (City)
REZONE:
From - RM-SE Multi-Family Residential-Special
Exception (County)
To - R-3 Multi-Family Residential (City)
REQUEST:
ALL INTERESTED PARTIES ARE NOTIFIED TO APPEAR AT SAID HEARINGS IN
PERSON OR BY ATTORNEY AND BE HEARD. ANY PERSON WHO DECIDES TO
APPEAL ANY DECISION OF THE PLANNING AND ZONING BOARD OR CITY
COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS BASED.
PLEASE CALL (407) 375-6260 FOR ANY QUESTIONS REGARDING THE ABOVE
MATTERS.
SUZANNE M. KRUSE
CITY CLERK
Multi-Family Residential. A location map is attached hereto
as Exhibit "A" and made a part of this Ordinance by reference.
Section 2: That the aforesaid Revised Zoning Map of the
City shall be amended accordingly.
Section 3:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 4:
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.
Section 5: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan to be 1n compliance in accordance with
Chapter 163.3184, F.S.,; or the date a final order is issued
by the Administration Commission finding the corresponding
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging
the corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit liB" and made a part
of this ordinance by reference.
FIRST READING this ~q
day of October, 1994.
SECOND, FINAL READING and PASSAGE this /.8
day of
October, 1994.
FLORIDA
J r'---;rn,~
-
ATTEST:
~~Qx ~a"
Ci' Clerk
11
(Corporate Seal)
A:HHCCRZ.ORD