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LEGAL APPROVAL I! ORDINANCE NO. 093-~6 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE JAMES TITCOMB PROPERTY (EAST SIDE OF OLD DIXIE HWY., APPX. 400 FEET WEST OF FEDERAL 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 COMMERCIAL LOW/S TO OFFICE 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 Office Commercial. Said land is more particularly described as follows: Lots 70 and 71, Amended Plat of Trade Winds Estates, as in the Plat recorded in Plat Book 21 at page 73, public records of Palm Beach county, Florida. Containing 0.40 acre more or less. Together with that portion of the - - ,I abandoned Old Dixie Hwy. right-of-way per resolution #93-133 being the South- easterly 10 feet of said right-of-way, adjacent to said lots 70 and 71. Section 2: That any maps adopted in accordance with the Future 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 Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed.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"~~"" , 1993. SECOND, FINAL READING and PASSAGE this 7' day of ~~~~ , 1993. ~y ~F B~Y~ON BEAC~, FLORIDA 0- -:": sJlcllii4',<< or") Mayor .~ / I r ATTEST; ~d~~cn ~/.<?,. Cit Clerk (Corporac.e ::.eal) A:AXAP7LU.ORD \ I ORDINANCE NO. 093~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE JAMES TITCOMB PROPERTY (EAST SIDE OF OLD DIXIE HWY., APPROX. 400 FEET WEST OF FEDERAL 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, James and Francie Titcomb, the owner of the following tract of land hereinafter described, has filed a Petition for Annexation to the City of Boynton Beach, Florida, directed to the City Commission pursuant to Article I, Section 7 (32) of the Charter of the City and Section 171.044, 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, 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 70 and 71, Amended Plat of Trade Winds Estates, as in the Plat recorded in Plat Book 21 at page 73, public records of Palm Beach County, Florida. Containing 0.40 acre more or less. Together with that portion of the 'I I - ..." ., abandoned Old Dixie Hwy. right-of-way per resolution #93-133 being the South- easterly 10 feet of said right-of-way, adjacent to said lots 70 and 71. 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 herewith, 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, Section 7: This Ordinance shall become effective 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 /IG day of dI/E/7?~-""'!. , 1993. ORDINANCE NO. 093-~?" AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE JAMES TITCOMB PROPERTY (EAST SIDE OF OLD DIXIE HWY., APPX. 400 FEET WEST OF FEDERAL HWY.) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY CHolsE (COMMERCIAL HIGH OFFICE) TO C-l (OFFICEI PROFESSIONAL); 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 a certain tract of ~and; 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 a certain tract of land consisting of approximately 0.2 acre located within the municipal limits of said City, said land being more particularly described hereinafter, from CHOISE Commercial High Office to C-l OfficelProfessional, which requests that the 0.2 acre tract be removed from the boundaries of the CHOISE 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 ~foresaid 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 70 and 71, Amended Plat of Trade Winds Estates, as in the Plat recorded in - - Plat Book 21 at page 73, public records of Palm Beach, Florida. Containing 0.2 acre more or less. Together with that portion of the abandoned Old Dixie Hwy. right-of-way per resolution #93-133 being the South- easterly 10 feet of said right-of-way, adjacent to said lots 70 and 71. be and the same is hereby rezoned from CHO/SE Commercial High Office (County) to C-1 Office/Professional. 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 /~ day of AlbJ/aA?6kF,:f , 1993. SECOND, FINAL READING and PASSAGE this ~A?~"'i', 1993.' 7' day of CITl ?F ~O~NJdN BEAC~, FLORIDA --;F. . -:.//?? t /f (..< ..'. /' 5 Mayor ATTEST: ~~/.~~~,. Ci Clerk (Corporate Seal) A:AXAP7RZ.ORO -t - t,_- .~ . t1j. .1- .: .-.... ; , - ~ \11~.J . , A: . . ... .. J l.- ei: ~ L .. ~ - ~I I~ 1I ,--, f....,.4 1.9 ORDINANCE NO. 093-~g AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE TEXT OF THE SUPPORT DOCUMENTS OF THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN IN CONNECTION WITH ANNEXATION OF THE JAMES TITCOMB PROPERTY (EAST SIDE OF OLD DIXIE HWY., APPX, 400 FEET WEST OF FEDERAL HWY.) WITHIN PLANNING AREA I.Q; SAID TEXT AMENDMENT WILL ALLOW AN OFFICE LAND USE DESIGNATION; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Plan and as part of said Plan a Future Land Use Element by Ordinance 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, James and Francie Titcomb have applied to amend a portion of the Support Documents of the Future Land Use Element entitled Land Use Problems and Opportunities, Planning Area No.1, Area 1.g; 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 text of the aforesaid Support Documents of the Future Land Use 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: The portion of the Support Documents of the Future Land Use Element entitled Land Use Problems and Opportunities, Planning Area 1, Area l.g is hereby amended by adding the underlined text and by deleting the words and figures in the strike-through type as follows; This area includes a mixture of developed and undeveloped lots, under various City and County zoning districts. The City limits are irregular in this area, however, a precedent for annexation in this area has been established, and should continue. PieeeRleal 3nRenat.ion sf tR8 ae~e18~eQ ~iRgle family s~BQiviBi9RS in t.he 'o'ioinit.y sf Ola Dixie HiE;jllllay, R0He..YC2LF, fRay Flet. .bo pr.aotis.al. .".FlReJt3t.ieR of t.A.O sifu3'le family - - ~HeaivisiQR~ sR0Hld Be BY rOferCRQYM eE other le~31 meaRS fer 3RR8J[ing ~ho entire noi~heerheeQ. In the interim, tAo City EiR61:ila raql:leEt. tR.at Palm 8eaoR CeHRty limit. tRe uce sf tt=J.ie .area toe E:iR~le family E:hmlliREJ6. Existing land uses along the U.S. 1 frontage are predominantly retail, consequently, a Local Retail Commercial land use designation and C-3 Community Commercial zoning category are appropriate, both for lots which are presently in the City and those which will be annexed. These land use controls will improve the aesthetics along U.S. 1 and create a retail-oriented corridor. The lots along Old Dixie Highway, by contrast, are not as suitable for retail use, and therefore should be placed in a General Commercial land use category and C-4 zoning district. An appropriate use for commercial property in this area would be new car dealerships. The City should adopt site regulations for new car dealerships, which would include a minimum lot area of 2 acres. The City should encourage this type of land use at this location, and should encourage the acquisition and development of properties fronting on Old Dixie Highway, as a part of the development of lots which front on U.S.l. The Single-family subdivisions in the vicinity of Old Dixie Highway, if annexed should be placed in the Medium Density Residential land use category and maintained primarily as a single-family neighborhood, with single-family and duplex zoning on the lots immediately abutting the FEC tracks. There are two portions of the Killian's Park subdivision, along Miller Road, which should be construed to be in the Local Retail (lots 9-14 and 16-20) and General Commercial (lots 21-29) land use categories, if development of these properties complies with the conditions set forth in the Coastal Management Element. Commercial projects which are adjacent to the Single-family neighborhood should be designed so as to minimize the impacts to this neighborhood, consistent with the recommendations contained in the Coastal Management Element. Lastly, the Office land use cateqory should be considered where it would provide a transition and/or buffer between areas with sinqle '::cu...i.ly or duplex dwellinq units and retail or more intense commercial land uses. Section 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 3: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence, or :j work be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4: Authority is hereby granted to codify said ordinance. Section 5: This Ordinance shall become effective immediately upon its final passage. FIRST READING this /6 day of A6'v~~^" SECOND, FINAL READING and PASSAGE this ~~A( , 1993. , 1993. 7' day of CITY ~F. BO~N/N BEA~H, FLORIDA -1,- #cllt'/a'/{< ,"c' MaY~~. , , \l,< vic:. yo ,. ATTEST: ~;;&-o~A'''~ ~/...". ,. Ci Clerk (Corporate Seal) A:AXAP7TEX.ORD ,\ \ - " ~ LOC~T\ON"'/4R ' nTCOMB PROPERrf lh'~ :3 eC l ~. __I~~ : I . . : f- : --'-;} t .---.....-..... . - F' ... c 1 ... " ~ L .. ~ - I ~l{ a ' ~~ jlc--; f....< -r' t._ . ~'i- .:E:l ~.t1 f(i\ \L1~.J 19 --- ----~... -- -~,r I , 'N ~ T I C E 0 F Z 0 N I N G C H A N G E I T Y 0 F B 0 Y NT o N B E A C H P U B L I C H E A R I N G S In connection with the City I S Annexation Program, the City of Boynton Beach, in addition to amending the text of the comprehensive Plan, proposes to annex, change the use of land, and rezone the property indicated on the map below. A public hearing on these proposals will be held before the Planning and Development Board on November 9, 1993, at 7:00 P.M. at city Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. Public hearings will also be held before the City Commission on November 16, 1993 and December 7, 1993, e~ch at 7:00 P.M. or as soon thereafter as the agenda permits, at C ty Hall in the Commission Chambers, 100 East Boynton Beach Boulera d, Boynton Beach, Florida. EC i!. i" ~~~. ~'\ ~ I f7:::::", v'L '.~.- ')'-" / ......)'\ r:r-"-..). I ~ : L~! : ~ - -.:-j I '~-.rr.. ~ -..- , l.i. .._f" ttHi ,.' ~_-f--- r i j 'j .- .-,.... [E ... . ~ i- .. i" L ~ -", ~n 8Lf (J f-.., g~ ~~ f..,j TITCOMB PROPERTY - ANNEXATION PROGRAM PETITIONER: PROPOSED: LOCATION: James and Francie Titcomb No change proposed. A 0.2 acre parcel on the east side of Old Dixie Hwy., appx. 400 feet west of Federal Hwy. (3842 N. Old Dixie Hwy.) complete legal description on file in the Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. LEGAL DESCRIPTION: REQUEST: REQUEST: REQUEST: ANNEXATION COMPREHENSIVE PLAN TEXT AMENDMENT AMEND FUTURE LAND USE PLAN: From - Commercial Low/5 (County) To - Office Commercial (City) REZONE: From - CHO Commercial High Office (county) To - C-1 Office/Professional (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 .ll..'l'T"l'...nYJ:l ."J:'\ NOTICE OF , ,-=. MUNICIP AL ANNEXA liON FROM: City of Boynton Beach. Florida Please be advised by this notification and attached location map, that certain lands have been annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office of: THE CITY PLANNER. Name of Development/OWner: .T<3-0"l~S -r; -teem 6 Ordinance * ~3~~~ or Special Act of State Legislatures Bill * Effective Date: /;;}/7/73 Area of Subject Property: Sq. Ft. o. :lO Acres Estimated Present Population: 6 Estimated Number of Existing Dwelling Units: 0 Estimated Present Residential Density: d d.u. Is/acre zoning: C-1 Density Allowed: ;J IA. d.u. 's/acre , Existing Type of Development: C~rY1"'"C:;"'-( <J.-rt s-6..L:;o I o({;c<< Proposed Type of Development: *OWner or Petitioner *county ~ommt..ioners All City Departments All Utility Comp~nies *County Planning, Bldg, Zoning *Area Planning aoard *cQuntywide Planning Council Chamber of Commerce Bureau of Census *County Tax Assessor *Clerk of County circuit Court to receive copy of ordinance *Secretary of State *supervisor of Registration *State Beverage Department Attachment Location Map *State Department of Transportation --~ .~ 'D-/ ./~ 1c''<-~ I ,).v~L ?_