LEGAL APPROVAL
; .!
J . i
1
i;
"
Ii
;1
i'
ORDINANCE NO. 093-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE BRUCE KOWAL PROPERTY (WEST
SIDE OF FEDERAL HWY., APPX. 880 FEET
SOUTH OF OLD DIXIE HWY.) ANNEXING A
CERTAIN UNINCORPORATED TRACT OF LAND THAT
IS CONTIGUOUS TO THE CITY LIMITS WITHIN
PALM BEACH COUNTY AND THAT WILL, UPON ITS
ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY,
PURSUANT TO A PETITION OF THE OWNER OF
SAID TRACT OF LAND, REQUESTING ANNEXATION
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 ADVERTISING; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION; PROVIDING
FOR CONFLICTS, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
-
WHEREAS, the Comprehensive Plan for the City of" Boynton
Beach requires the development of an Annexation Program
intended specifically to evaluate the annexation of existing
County enclaves within the incorporated area;
'I WHEREAS, the City of Boynton Beach, through the
: Annexation Program, has identified properties located within
County enclaves which are the subjects of agreements for water
Ii
service with the City;
WHEREAS, 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
option to annex the following tract of land as hereinafter
described, in accordance with Article I, Section 7 (32) of the
Charter of the City and Section 171. 044, and 171. 062 (2)
Florida Statutes; and
WHEREAS, said tract of land lying and being within Palm
Beach County is contiguous to the existing City limits of the
City of Boynton Beach, Florida and will, upon its annexation,
'W
...,
constitute a reasonably compact addition to the City
territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF 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 tract of land situated and lying
and being in the County of Palm Beach, Florida, to wit:
Lots 62 and 63 of the Trade Winds
Estates, amended Plat as in Plat Book 21,
at page 73, of the Public Records of Palm
Beach County, Florida.
Containing 2.41 acres more or less.
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 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 tract of land more particularly
described in Section 1 of this Ordinance.
Section 3:
That by Ordinance adopted simultaneously
herewi th, the proper City zoning designation and Land Use
category is being determined as contemplated in Section
171.162(2) Florida Statutes.
Section 4:
All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 5:
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 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,
Florida, as required by the City Charter and Section 171.044,
Florida Statutes.
i
,I
I
,I
Section 7:
This Ordinance shall become effectiv~
: immediately upon its final passage.
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 /~ day of
d~,e:/I14JE~ , 1993.
SECOND, FINAL READING and PASSAGE this
-;Zk69?l~~ ,1993.
7'
day of
CITY OF
BEACH, FLORIDA
v
Mayor
I
I ATTEST;
/~d~/.~~.//J/~
Ci Clerk
(Corporate Seal)
, A:yAXAP.2ANX,QRD
ttJi"J' /J '
..",
~
LOCA,.\ON MAP
B. KOw".L ~PERT'f
. .
.
ORDINANCE NO. 093-+41
Ii
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE BRUCE R. KOWAL PROPERTY
(WEST SIDE OF FEDERAL HWY., APPX. 880
FEET SOUTH OF OLD DIXIE HWY.) 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 COUNTY CIS
(COMMERCIAL) TO LOCAL RETAIL COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
Beach, Florida has adopted a Comprehensive Future Land Use
Plan and as part of said Plan a Future Land Use Element by
Ordinance No. 89-38 in accordance with the Local Government
Comprehensive Planning Act; and
WHEREAS, a certain tract of land 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, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1:
Ordinance No. 89-38 of the City is hereby
amended to reflect the following:
That the Future Land Use of the following described land
shall be designated as Local Retail Commercial. Said land is
more particularly described as follows:
Lots 62 and 63 of the Trade Winds
Estates, amended Plat as in Plat Book 21,
at page 73, of the Public Records of Palm
Beach County, Florida.
Containing 2.41 acres more or less.
jl
I;
'W'
,.",
Section 2:
That any maps adopted in accordance with the
I
I
i i
,iFuture Land Use Element of said Comprehensive Plan 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:
This Ordinance shall become effective
immediately upon its final passage.
FIRST READING this /~ day of
/V6"#'€.Q/~~ , 1993.
SECOND, FINAL READING and PASSAGE this
-::ZkeE/J'/eEA! , 19 9 3 .
7'
day of
BEACH, FLORIDA
"
Mayor
,a);fJJ~
ATTEST:
_~<27G~_
Ci Clerk
(Corporate Seal)
A:AXAP2LU.ORD
ORDINANCE NO. 093-~~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE BRUCE KOWAL PROPERTY (WEST
SIDE OF FEDERAL HWY., APPX. 880 FEET
SOUTH OF OLD DIXIE HWY. ) AMENDING
ORDINANCE 91-70 OF SAID CITY BY REZONING
CERTAIN PARCELS OF LAND MORE PARTICULARLY
DESCRIBED HEREIN, FROM COUNTY CG (GENERAL
COMMERCIAL) AND COUNTY RM (RESIDENTIAL
MEDIUM DENSITY) TO C-3 (COMMUNITY
COMMERCIAL); AMENDING THE REVISED ZONING
MAP ACCORDINGLY; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton
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
parcels of land; and
WHEREAS, the City of Boynton Beach, in connection with
aforesaid Annexation Program, has heretofore filed a Petition,
i pursuant to Section 9 of Appendix A-Zoning, of the Code of
Ii
I Ordinances, City of Boynton Beach, Florida, for the purpose of
I rezoning certain parcels of land consisting of approximately
i:
ii
: 2.41 acres located within the municipal limits of said City,
said property being more particularly described hereinafter,
from CG General Commercial and RM Residential Medium Density
to C-3 Community Commercial, which requests that the 2.41
acres of property be removed from the boundaries of the CG and
RM zones to allow for the processing of the rezoning
application;
WHEREAS,
the City Commission deems it in the best
illLerests 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:
Section 1: The following described land, located in the
City of Boynton Beach, Florida, to-wit:
Lots 62 and 63 of the Trade Winds
Estates, amended Plat as in Plat Book 21,
at page 73, of the Public Records of Palm
Beach County, Florida.
Containing 2.41 acres more or less.
be and the same is hereby rezoned from CG General Commercial
(County) and RM Residential Medium Density (County) to C-3
Community Commercial. 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:
This Ordinance shall become effective
immediately upon its final passage.
FIRST READING this /6 day of dvc....n~A' , 1993.
SECOND, FINAL READING and PASSAGE this '7 day of
~/1'/~
, 1993.
N BEAGH, FLORIDA
,"
/{ l.(ti'( 'c<. <- ~''- ,:;
Ma~.
\ I ~\
Vi e .
./
ATTEST:
~~Wt~~~~
Cit Clerk
Mayor Pro T
(Corpora.te Seal)
A:AXAP2RZ,QRD
LOCA11oN MAP
8. KOWAL pf\OPER"f'i
.\~
."
:-: ..,;y..~ ..'
.
...-- .
.
,
6