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
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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conflict herewith are hereby repealed.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
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Mayor .~
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ATTEST;
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Cit Clerk
(Corporac.e ::.eal)
A:AXAP7LU.ORD
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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
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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
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Mayor
ATTEST:
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Ci Clerk
(Corporate Seal)
A:AXAP7RZ.ORO
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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
-
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~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
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ATTEST:
~;;&-o~A'''~ ~/...".
,. Ci Clerk
(Corporate Seal)
A:AXAP7TEX.ORD
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nTCOMB PROPERrf
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'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.
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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
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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
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