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LEGAL APPROVAL rn rn r\l\l' f) I{ I()(~ PLANNII<G AND ZONING DEPT. ~,-c"....<{'--t"'-:-r....... voe-_, :>.o.r... ORB 9375 P9 38 ORDINANCE NO. 095-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) 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 TRl\CT OF LJ,~ID, REQUESTING AtJNEXATJON PURSUANT 1'0 AR'i.lCLE I, SECTICN 7 (:;2) 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. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; WHEREAS, 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; 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 dti:scribp<::, 'in acco~~ar,:::A ',:' t~ JI,rticl:: !, Se"1:.1,'~ 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, constitute a reasonably compact addition to the City territory. THIS IS A SECOND CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. ORB 9375 ,9 39 NOW, THEREFORE, BE IT OQDAINED 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: A parcel of land in Section 13, Township 4S south, Rang~ 42 east in Palm Beach county, Florida, more particularly described as follows: The west half of the SE 1/4 of section 13; and the south 227 feet of north 282 feet of SE 1/4 of SE 1/4 of said section 13, containing 85.60 acres more or less. Together with the right-of-way of Lawrence Road abutting east of the property; together with the right-of-way of Gateway Boulevard abutting north of certain portions of the above described parcel; together with the L.W.D.D. canal L-22 right-of-way abutting south of the property. 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. SAction 2: ~hat Sp~tton 6 a~~ 6(A) of thp Ch~~ter 0f 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 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. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section S: 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. ~ction 6: Thjs Ordinance shall nnt he passed until th~ 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 passage. Section 8: Specific authority is hereby given to codify this Ordinance. Section 9: This Ordinance, after adoption, shall be THIS IS A SECOND CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. ORB 9375 1'9 40 filed with the Clerk of the Circuit Court of Palm Beach , County, Florida. FIRST READING this SECOND, FINAL READING 1995. ATTEST: ~./.V/Yh'-h. ~/_}/. Ci Clerk (Corporate Seal) A: Roya.i.Manor Annexat~Jn - 5/8/95 Rev.4/1::.J96,Re.v.7/11196 day of , 1995. and PASSAGE this 6th day of June, CITY OF BOYNTON.BEAr~ FLORIDA ,/1 /; / <:- . /~J:,f (,.y Mayor Vice Mayor Commissioner Commissioner Commissioner THIS IS A SECOND CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. .~OTICE OF MUNICIP AL ANNEXATION ,~RB 8799?9 71 ~-..,"...'"( H ""L'-" "-RI: P8 ."',.1-" UV~ljlt1 . W.lL/\tJ"4' \.Lt (\ l~lJVi1,fl." 1'"'1.. FROM I City of Boynton Beach. ORB 9238 Ps 601 FloridaDOROTHY H. WILKEN, CLERK PB WJNTl, FL Please be advised by this notification and attached location map. that certain lands have bel.n annexed by BOYNTON BEACH, Florida. Information contained herein is pertinent to the area in question. If additional material is required, please contact the office.ofl ORB 9375 pg 41 ru CITY P~NNER. DOROTHY H. WILKEN, CLERK PB COUNTY. Fl Name of Development/ownerl ROYAL MANOR MOBILE HOME ESTATES Ordinance It 095-11 Effective Datel or Special Act of State Legislature. Bill It - JUNE 6,1995 Sq.rt. 85.6 Acre Area of Subject Property I Estimated Present Populatlonl 437. 1.4 . 611 PERSONS Estimated Number of Existing Dwelling Unitsl 437 Estimated Present Residential Oensity. Zoning I R-I SINGLE FAMILY RES. Density Allowedl 5.11 d.u.'s/acl 7.26 d.u. 'slacl Existing Type of Development. MOBILE HOMES Proposed Type of Development. NO CHAGE PROPOSED *County c~..ion.r. *County Plannin9, Bldg, Zoning *Area planning soard *Countywide 'lanDing Council *county Tax As....or .Secretary of State .supervi.or ot Registration .State Beverage Oepartment .State Department of Transportation .OWner or Petitioner All City Department. All Utility comp~nie. Chamber of Commerce Bureau of Census .Clerk of County Circuit Court to receive ~~py 0' ordin~nc6 i\tL....iuu'-ut Location Map -.- .]:)-/ Ie ""l.~ .....- /tc. I )~_c.. ?_ 11U City of 'Boynton '13t{Ufi v.'E.. 'Boylttcm '1leacft 'Boukwrrl ~ 'P.O. 'Bo~JI0 ~ 2Ica&. 'JfqriU 33425-0310 City ?fa{{: (407) 37UOOO !fJtX: (407) 375-6090 JUl-31-1996 10:~ 96-264499 ORB 9375 ~ 37 I ............. CERTIFICATION I, Suzanne M. Kruse, City Clerk of the City of Boynton Beach, Florida, do hereby certify that attached Ordinance #095-11, consisting of three (3) pages, and Notice of Municipal Annexation form consisting of one (1) page (which was previously recorded two times) are true and correct copies as they appear in the records of the City of Boynton Beach, F!,oiida. WITNESS, my hand and the corporate seal of the CITY OF BOYNTON BEACH, FLORIDA, this 24th of July, 1996. ~~C/J!;~Q"- Suz ne M. Kruse, CMClAAE City Clerk July 24,1996 I mas s: Ice: \ wp \certityj JtirrtriaJ's (jllUway to tM (juifstruJm ,) < I' '. NOTICE OF MUNICIPAL ANNEXATION FROM: City of Boynton Beach. Florida Please be advised by this notification and attached location map, that certain lands have be!>n annexed by BOYNTON BEACH, Florida. Information contained herein i. pertinent to the ar.a in que.tion. If additional material i. required, plea.. contact the office of: THE CITY PLANNER. Name of Development/OWner: ROYAL MANOR MOBILE HOME ESTATES ordinance 8 095-11 or Special Act of State Legislature: Bill" - " Effective Date: JUNE 6,1995 Area of Subject Property: sq.Ft. 85.6 Acres Estimated Present Population~ 437 * 1.4 = 611 PERSONS Estimated Number of Existing Dwelling Units: 437 Estimated Present Residential Density: Zoning: R-1 SINGLE FAMILY RES. Density Allowed: 5.11 d.u. 's/acre 7.26 d.u. 's/acre Existing Type of Development: MOBILE HOMES. Proposed Type of Development: NO CRAGE PROPOSED *OWner or Petitioner *County Commi..ioners *County Planning, Bldg, Zoning *Area Planning aoard *Countywide Planning Council All City Departments All Utility Comp~nies Chamber of Commerce Bureau of Census *County Tax Assessor *Clerk of County Circuit Court to receive copy of ordinance Attachment Location Map *Secretary of State *Supervisor of Registration *State Beverage Department *State Department of Transportation __J.-+.. ,~ ']:)-/ /~ 'IC'L-~ I >-vr-L. ~__ ORDINANCE NO. 095-/~ <h,i.... ( .1 <:. c/v. <C'-+ Vc.< os;. , <;','S, ii " AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) AMENDING ORDINANCE 91- 70 OF SAID CITY BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR AGRICULTURAL RESIDENTIAL (PALM BEACH COUNTY) AND RS-SE SINGLE FAMILY RESIDENTIAL WITH SPECIAL EXCEPTION (PALM BEACH COUNTY) TO R-1 SINGLE FAMILY RESIDENTIAL (CITY); 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, ~n 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 tracts of land; 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 tracts of land consisting of 85.6 acres located adjacent to the municipal limits of said City, said land being more particularly described hereinafter, from AR Agricultural Residential (County) and RS-SE Single Family Residential with Special Exception (County) to R-1 Single Family Residential (City), which requests that the 85.6 acres be removed from the boundaries of the AR 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: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: A parcel of land in Section 13, Township 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: The west half of the SE 1/4 of said section 13; and the south 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said section 13, containing 85.60 acres, more or less. I , I '! Together with the right of way of Gateway Blvd., also known as NW 22nd Avenue, abutting north of certain parts of the above described parcel. And together also with the right-of-way of Lake Worth Drainage District Canal L-22 abutting south of the property. PCN: 00 42 45 13 00 000 5020 be and the same is hereby rezoned from AR Agricultural Residential (County) and RS-SE Single Family Residential with Special Exception (County) to R-l Single 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. Sect ion 'i . This Ordinance shall become effective immediately upon passage. FIRST READING this /6 day of $/9#" , 1995. SECOND, 0aN~ FINAL READING and PASSAGE this 6 day of , 1995. ayor ~,\ Vice Mayor ~ "-- _ .~ ~'o4-~ May\?r P~o Teu\/ '. ' v:.v.;;Li,,-<'. '\r .cr_<,..!c '--k': " -c.~ts:ionb;l , IA,-ju,i-;((-<' CommisS'ianer .J ---' ATTEST: 'tb'u~~~~ '/- , I (Corporate Seal) RoyalManor.Rez 5/9/95 .1 ORDINANCE NO. 095-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.60 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE 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 RESIDENTIAL 8 (PALM BEACH COUNTY) TO MODERATE DENSITY RESIDENTIAL (CITY); PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Corrunission 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, certain tracts of land more particularly described hereinafter ~s being annexed by the City ~n accordance with the application completed by the City for the I :: , , owner of the following property, pursuant to the Annexation :1 i Program, by Ordinance being adopted simultaneously herewith; i WHEREAS, the procedure for amendment of a Future Land Use ,i , 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 Corrunission 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 """''';'.>:t amended to reflect the following: That the Future Land Use of the following described land shall be designated as Moderate Density Residential. Said land is more particularly described as follows: A parcel of land in Section 13, Township i: I " , j ! 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: The west half of the SE 1/4 of said section 13; and the south 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said section 13, containing 85.60 acres, more or less. Together with the right of way of Gateway Blvd., also known as NW 22nd Avenue, abutting north of certain parts of the above described parcel. And together also with the right-of-way of Lake Worth Drainage District Canal L-22 abutting south of the property. PCN: 00 42 45 13 00 000 5020 S~r.tion /.' That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be amended accordingly. ,! S~r.tion 3: All ordinances or parts of ordinances ~n I: conflict herewith are hereby repealed. ! Section 4: Should any section or provision of this ,I 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. Sect ion 5: The effective date of this Ordinance :1 shall be the date a final order is issued by the Department !I of Community Affairs finding this amendment to be ~n compliance in accordance with Chapter 163.3184, F.S.,; or the date a final order is issued by the Administration Commission finding this 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 amendment. Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. FIRST READING this /6 day of 4/.-9 ~ 1995. ii 'I ----- vaNe SECOND, FINAL READING and PASSAGE this G day of , 1995. , , , !I , , I 'I ATTEST: .~Wt:~/?~- Ci y Clerk (Corporate Seal) RoyalManor.LdU 5/8/95 j ;1 II il i I, Ii ii I ~ ;1 vd;\'\ .-\'~. Vi e"Mayor "- , " , l~~"J d~::t:.- Mayor: Pro Tern :1 ORDINANCE NO. 095-/1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) 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), FLORTDA 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. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified adjacent properties that I, are the subjects of agreements for water service with the I I i I i I I City; WHEREAS, said agreements service are also for water 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 Statl1t@.s; 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 Statl1t@.s: 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. I [I 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 1, Charter of the City of Boynton Beach, Florida and Section ;j 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: 1 " A parcel of land in Section 13, Township 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: The west half of the SE 1/4 of said section 13; and the south 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said section 13, containing 85.60 acres, more or less. i! Together with the right of way of Gateway Blvd., also known as NW 22nd Avenue, abutting north of certain parts of the above described parcel. And together also with the right-of-way of Lake Worth Drainage District Canal L-22 abutting south of the property. :! PCN: 00 42 45 13 00 000 5020 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, ~s hereby amended to reflect the annexation of said tract of land more particularly described in Section 1 of this Ordinance. 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. Section 4: All ordinances or parts of ordinances ~n 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 ~n the City of Boynton Beach, Florida, as required by the City Charter and Section 171.044, Florida Stat1ltes. Section 7, This Ordinance shall become effective immediately upon 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 /6 day of /?p"f-' , , 1995. SECOND, FINAL READING and PASSAGE this 6 day of 0fZv6' , 1995. CITY/lCy BO~I:JT r~~A Mayor ~I\~ vi e Mayor :1 "I~,~ :' A: RoyalManor Annexation - 5/8/95 MINUTES REGULAR CITY COMMISSION MEETING BOYNTON BEACH, flORIDA MAY 16, 1995 Mayor Bradley seconded the motion which carried unanimously. D. Confirmation of Name for C-16 linear Park City Manager Parker advised that the Recreation and Parks Board recommends the selection of "Palmetto Greens Park" as their choice for the C-16 Linear Park Project. Motion Vice Mayor Bradley moved approval of the Recreation and Parks Board recommendation to rename C-16 Linear Park, "Palmetto Greens Park". Commissioner Rosen seconded the motion. Mayor Pro Tem Matson thinks this is a horrible name. Commissioner Jaskiewicz' first choice would have been "Angler Park", and then "Boynton Canal Park". However, respecting their opinion, she will support their selection. . The motion carried 4-1. (Mayor Pro Tem Matson cast the dissenting vote.) X. LEGAL: A. Ordinances - 2nd Reading: None B. Ordinances - 1st Reading: Attorney Cherof requested permission to read the Ordinances in groups of three. The Commission could then make one motion to approve each group of three. 1. Proposed Ordinance No. 095-11 Re: Annexation - Royal Manor Mobile Home Estate Property 2. Proposed Ordinance No. 095-12 Re: Lane Use Element - Royal Manor Mobile Home Estate Property 3. Proposed Ordinance No. 095-13 Re: Rezoning - Royal Manor Mobile Home Estate Property Attorney Cherof read Proposed Ordinances Nos. 095-11,095-12, and 095-13 by title only. Motion Commissioner Jaskiewicz moved to approve Proposed Ordinances Nos. 095-11, 095-12 and 095-13 on first reading. Vice Mayor Bradley seconded the motion. City Clerk Sue Kruse polled 36 MINUTES - CITY COMMISSION MEETu<<i BOYNTON BEACH. FLORIDA JANUARY 17. 1995 a ;l0 . AJJAJEY Y'!f-60i Annexation - Royal Manor Mobil. H-. Park Royal Manor Mobl1e Home Estates, Inc. 85.60 acres on the north and south sldes of Gateway Blvd., approxlmately 1,350 feet west of Lawrence Road Land Use Element Amendment/Rezonlng: Request to show annexed land as Moderate Oenslty Resldentlal and to rezone from RS-SE (Slngle Faml1y Resldentlal - Speclal Exceptlon) ln Palm Beach County to R-l (Slngle Faml1y Resldentlal) Ms. Heyden stated that the next four ttems on the agenda deal wlth the next phase of the Clty's annexatlon program. In October, staff went to the Clty Commlsslon wlth several propertles they felt were ellglble for the next stage of the annexatlon program, whlch ls Phase 2, Group 2. These propertles are con- tlguous and the owners have prevlously consented to annexatlon through agreement for water and sewer servlce. B. Project Name: Owner: Locatlon: Descrlptlon: Ms. Heyden stated that the Royal Manor Moblle Home Park ls a 437 unlt mobl1e home park communlty occupylng approxlmately 85 acres on the north and south sldes of Gateway Boulevard, lmmedlately east of the Wlndward PUD. Royal Manor ls owned and operated by Royal Manor Mobl1e Home Estates. Each mobl1e home lot ls not owned lndependently. In 1992, the Clty approved the water and sewer servlce agreement wlth the owner of Royal Manor. As wlth all these appllcatlons for annexatlon, Clty staff, the provlders of major urban servlces (Flre, Pollce, and Publlc Works) evaluated the propertles for annexatlon. Regardlng thls partlcular plece of property, Publlc Works has lndlcated that upon annexatlon, they can serve thls property wlth the exlstlng capltal and personnel. Thls property ls wlthln the service area of Flre Station 3. which has superior service capability (wlth respect to response tlmes, staffing, and equlpment) compared to the correspondlng County station. No deficiencies currently exist or are anticipated ln the near future. The exlstlng land use ln the County ls High Residentlal 8. The proposed land use is Moderate Density Residential, which allows 7.26 dwelling units per acre. The existlng zonlng is Agricultural Residential and Slngle Famlly Residential wlth Speclal Exceptlon for mobl1e home parks. The proposed zonlng ls R-l (Slngle Family). The Moderate Density Resldential land use was selected because it is the category most compatible with Palm Beach County's category. Palm Beach County's category allows 8 dwelllng units per acre. Ms. Heyden pointed out the adjacent land uses. Staff recommended approval of thls for transmlttal to the Department of Communlty Affalrs. The basls for that recommendatlon ls because the subject property ls contiguous to the corporate 11mits, the property lies within the Clty's Reserve Annexatlon Area, the prop- erty is conslstent wlth the City's Annexatlon Program, and the proposed land use amendment ls conslstent wlth the goals, objectlves and pollcles of the Comprehenslve Plan. - 12 - MINUTES - CITY COMMISSION MEETING BOYNTON BEACH. FLORIDA JANUARY 17, 1995 NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE. MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. . Commissioner Katz asked about the small piece of property on the northwest corner of Lawrence Road and Gateway Boulevard. Ms. Heyden advised that that is a fonnal drive. When Sausalito Groves carne before the Commission to discuss the master plan. there was a small private dev~lopment of about 10 or 12 single family homes on half acre lots on the east side. Motion Commissioner Katz moved to transmit the proposed annexation of Royal Manor Mobile Home Park to the Department of Community Affairs. Vice Mayor Matson seconded the motion. which carried 4-0. . Annexation - Carriage Gate CondaainiWl Property owners within Carriage Gate Condominium 9.70 acres on the south side of Old Boynton Road. opposite Nickles Boulevard Land Use Element Amendment/Rezoning: Request to show annexed land as High Density Residential and to re- zone from RM-SE (Multi-Family Residential, Medium Density - Special Exception) in Palm Beach County to R-3 (Multi-Family Residential) Ms. Heyden described the location of'Carriage Gate Condominium. This develop- ment consists of 88 condominium units. The project is built and occupied. The units were sold between 1990 and 1993. The City's urban service providers and Public Works reviewed this proposed annexation for impact and service delivery. This project ts within the service area of Fire Station 3, which has superior service capability compared to the corresponding County station. No deficien- cies currently exist or are anticipated in the near future. C. Project Name: Owner: Location: Description: Ms. Heyden reviewed the existing land use, the proposed land use, existing zoning, proposed zoning, and adjacent land uses. NO ONE WISHED TO SPEAK IN FAVOR OF OR AGAINST THIS PROPOSED LAND USE ELEMENT AMENDMENT/REZONING. THEREFORE, MAYOR HARMENING DECLARED THE PUBLIC HEARING CLOSED. 'Motion Vice Mayor Matson moved to forward this proposed annexation to DCA. She stated that she received a number of telephone calls from people in Carriage Gate who were in favor of this. Mayor Pro Tem Bradley seconded the motion, which carried 4-0. - 13 - MINUTES PlANNING AND DEVELOPMENT BOARD ML.(ING BOYNTON BEACH. FLORIDA JANUARY 10. 1995 which are surrounded by corporate limits on three sides. In looking at Royal Manor, a larger pocket will be created. He feels the City should be concen- trating on logically extending its borders instead of leap frogging out to the west. Chairman Lehnertz also expressed a problem with the table in the staff report which lists acres and units. The bottom line comes down to tax revenue and Solid Waste revenue. The City will make a lot of money by annexing this prop- erty. He feels that if all the City had to do was annex property to make money, the property owners should not be paying any taxes now. Growth to generate taxes will not make us money. It is his opinion that this Program is mis- directed and the City should be looking at making the boundaries much more con- tiguous as opposed to going out west. He does not support this application. Mr. Golden agreed that annexation of residences has a negative financial impact. However, he still agrees with the annexation policy. As far as a fiscal impact, he feels Chairman Lehnertz has made a good point. Mr. Walsh will not support this land use amendment and rezoning until he knows the City can annex this property. Vice Chairman Dube again stated that these remarks made have nothing to do with the Board's responsibility this evening. Motion Vice Chairman Dube moved that we approve the request to show annexed land as Low Density Residential and rezone from RS-SE (Single-Family Residential - Special Exception) in Palm Beach County to PUD (Planned Unit Development), subject to staff comments and that it is consistent with the Comprehensive Plan. Mr. Golden seconded the motion. In response to Chairman Lehnertz' question, Ms. Heyden reiterated that the City must have the Ordinances adopted concurrently for annexation, land use amend- ment and rezoning. She further explained that if this request was denied by the Board, the annexation would still move forward. The motion carried 6-1. (Chairman Lehnertz cast the dissenting vote.) 3. Project Name: Owner: Location: Annexltion Program Applicltion 12 ROYII Minor Mobile Home Plrk Royal Manor Mobile Home Estates, Inc. B5.60 acres on the north and south sides of Gate- way Boulevard, approximately 1,350 feet west of Lawrence Road Request to show annexed land as Moderate Density Residential and to rezone from RS-SE (Single-Family Residential - Special Exception) in Palm Beach County to R-1 (Single-Family Residential). Description: Mr. Rumpf made the presentation. This is a 437 unit mobile home community occupying approximately eighty-five (B5) acres of property on the north and - 12 - MINUTES PLANNING AND DEVELOPMENT BOARD I'L _ rING BOYNTON BEACH, FLORIDA JANUARY 10, 1995 south sides of Gateway Boulevard, immediately east of the Windward PUD. This property is owned and operated by Royal Manor Mobile Homes Estates, Inc. It is not individually owned. The proposed Moderate Density Residential land use is comparable to HB (High Residential 8) in the County. Policy 6.4.1 of the Comprehensive Plan requires that mobile homes be allowed in all zoning districts where single-family detached dwellings are permitted. The Planning and Zoning Department recommends that this application be approved based on: 1. The subject property is contiguous to the corporate limits: 2. The subject property lies within the City's Reserve Annexation Area: 3. The annexation of this property is consistent with the City's Annexation Program; and 4. The proposed land use amendment is consistent with the goals, objectives and policies of the Comprehensive Plan. CHAIRMAN LEHNERTZ ANNOUNCED THE PUBLIC HEARING; HOWEVER, THERE WAS NO ONE WHO WISHED TO SPEAK. Chairman Lehnertz felt this annexation is not appropriate at this time since there are other things the City can do. Motion Vice Chairman Dube moved to approve the request to show annexed land as Moderate Density Residential and to rezone from RS-SE (Single-Family Residential - Special Exception) in Palm Beach County to R-1 (Single-Family Residential) sub- ject to staff comments and that it is consistent with the Comprehensive Plan. Mr. Weigle seconded the motion, which carried 6-1. (Chairman Lehnertz cast the dissenting vote.) Annexation Program Application 13 Carriage Gate Condominium Property owners within Carriage Gate Condominium 9.70 acres on the south side of Old Boynton Road, opposite Nickles Boulevard Request to show annexed land as High Density Residential and to rezone from RM-SE (Multi-Family Residential, Medium Density - Special Exception) in Palm Beach County to R-3 (Multi-Family Residential) Mr. Rumpf made the presentation. This community contains eighty-eight (88) con- dominium units. It is built and occupied, and the majority of the units were sold between the years of 1990 and 1993. Through the Comprehensive Plan, this 4. Project Name: OWner: Location: Description: - 13 - ..--:- M E M 0 RAN DUM TO: John Guidry, Director utilities Department DATE: November 23, 1992 FROM: Sue Kruse City Clerk RE: Water Service Agreement Attached please find a copy of the above mentioned agreement which was recorded in Palm Beach County on November 9, 1992. k_ fG. 11 /1 R. / A--I.k Attachment c: Engr Admin Planning Dir. Customer /mas -., RECEI\lED' NOV 24 - PlANN1NG DEPT. ~ --, .~=..l.l. ,:: '- .". . '. . ., c , -.-. r"~ '1 r, " t, t "- ,. I , I -,', 'I ,~I ,ce ~ 1 (;1fll. I" fc..t .... I'" -l'c fL, "'I e '. .' -'i "'Iz':, .; , !-, 1 \ " , GREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS ~t0i, -[9-1 902 0.2: .3Cp1i\ 92 343231 7469F31199 '!:'.. V"t; This agreement, made on this 7~h day of Octob~r , 19 q? by and between Royal Manor Mobile Hom~ F.states. Ln~ereinafter called the "CUSTOMER", and the City of Boynton Beach, a municipal corporation of the State of Florida, hereinafter called the "CITY". WITNESSETH, that the Customer, his heirs and assigns, for and in consideration of the privilege of receiving water service from the Municipal Water System agrees to the following: 1. The City agrees to provide Customer with water services from its Municipal Water System only as necessary to service the project described in the Application for Water Service submitted by Customer. The Customer has specified that there will be 437 Equivalent Residential Connections and the City hereby agrees to serve those 417 Equivalent Residential Connections. 2. The Customer agrees to pay all costs of engineering, material, labor, installation and inspection of the factilities " as required by the City Code to provide service to the Customer's premises. The Customer shall be responsible for installation and conformance with all applicable codes, rules and regulations of all service lines upon the Customer's premises and all such lines shall first be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the necessary work or the City may have the work performed in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs. 3. Any main extension made under the Agreement shall be used only for the Customer, unless permisSion is granted by the ,City of Boynton Beach for other party or parties to connect pursuant to the Code of Boynton Beach. 4. Title to all mains, extensions and other facilities extended from the City Water Distribution system to and including the metered service to Customer shall be vested in the City exclusively. 5. The customer agrees to pay all charges, deposits, and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are now applicable or as may be changed from time to time. 6. Any rights-of-way or easements in this area shall be provided by the Customer. 7. It is understood by the Customer, and shall be binding upon the Customer, his transferees, grantees, heirs, successors 'and assigns, that all water to be furnished, supplied, and sold under this Agreement is made available from surplus. If the surplus does not exist at the time of customer's actual request for commencement of service, as determined by the city'S Director of Utilities, then this City, without liability, may refuse to initiate service to the sUbject premises. 8. The Customer further agrees in consideration of the privilege of receiving water service from said City, that the execution of this Agreement is considered to be a voluntary Petition for Annexation pursuant to Section 171.044 of the Florida Statutes or any successor or amendment thereto. Furthermore, should any other general law, special act or local law be enacted which provides for voluntary or consensual annexation, this Agreement shall also be conSidered a petitionary (PF 74'6'~ rj t.201.J . request for annexation under such other laws. The premises shall be subject to annexation at the option of the City at any time they are eligible under anyone or more of the above referenced laws concerning annexation. Customer will inform any and all purchasers of any or part of this property of this voluntary petition for annexation and its applicabilities to such purchasers. 9. The Customer acknowledges that this covenant for annexation is intended to be and is hereby made a covenant running with the land described in "Exhibit A", attached hereto and made a part hereof. This Agreement is to be recorded in the Public Records of Palm Beach county, Florida, and the Customer and all subsequent transferees, grantees, heirs or assigns of Customer shall be bound by this Annexation Agreement. 10. It is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any prohibitions, restrictions, limitations or requirements of local, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also the City shall have no 'liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the City'S reasonable control. 11. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of City Commission, Officers, employees and agents (both in their individual and official capacities) from and against all claims, damages, lawsuits, and expenses including reasonable attorneys' fees (whether or not incurred on appeal or in connection with post judgement collection) and costs rising out of or resulting from the customer's obligation under or performance pursuant to this Agreement. 12. It is understood by Customer and by the City that the attached site plan "Exhibit B" has been reviewed by the City of Boynton Beach for compatability with the City'S comprehensive plan as it relates to land use and density, found to be generally acceptable to the City and is to be the guide for development of this subject land. In the event that the site plan is not approved, there shall be no commitment on the part of the City to serve Customer if a subsequent site plan results in a change in land use, density or an increase in equivalent residential connections. 13. No prior or present agreements or representations shall be binding on any of the parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 7t-h day of o"tnhF!r , 19 92 --?1--tr CORP~RA~IO~.AS OWNER: // j u'- . /' ,,/ /.> / ,-......// ~/ " //:// //"c:._ 'L ' //~ 'President f WITNESS: / y , . r. ,- , " (Customer) Secretary FOR CORPORATION NOTORIZATION: (corporate Seal) , STATE OF \='- \... "'~- 'i> ;>... " COUNTY OF 'V \'>,'-'>-\ I-, ;"1 - ' I HEREBY CERTIFY that on this day, before me, an officer JRE 7 i .9;:'3 1201 /1' / duly authorized in the state aforesaid and in the County aforesaid to take acknowledgements, personally appeared 'l'pn ,1 Mi] ] F!r and Rose MArie Miller well known to me to be the President and secretary respectively of the corporation named in the foregoing Agreement and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal in the county and State last aforesaid this 7th day of October , 1921.- ..:<:(Notary Seal) /- .~O) "..',_ i" 0 ~ '-...." ~ --.;:; \.... (", l_'-- \,,,,, Notary Public I: ~., /;1; C' . . ': : ~o. "J! UC' ; C ..A .~ L. J " ~".. . , .", ;~IT<<Etfs': . ...\", .-< e:..;o>J' . ,. " My Commission Expires: ~-77;a~L/~~~~ ~~~ --f~-~~n As to CitYi~ oynton CITY OF BOYNTON BEACH, FL .j (fl, ~ !Y .r~ /' Hayor ATTEST ..ti-fu.~nA....<.."JBL...~.tt Beach fJ<-f<-t<J . city Clerk (Corp. Seal) STATE OF FLORIDA COUNTY OF PALM BEACH . , , " l " I HEREBY CERTIFY that on this day, before me an officer duly authorized in the State aforesaid and in the County aforesaid to take ack~owledgements, personally appeared , Mayor and City Clerk well known to me to e the Mayor and City clerk r s ctively of the City named in the foregoing agreement and that they severally acknowledged executed the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the county ~nd state last aforesaid this dB day of OQ(;j,~.iO..-> , 19'1'.;1- (Notary Seal) ~ 'frL. IA~J.~ ary Public ~' ". _ My Commission Expires: / ,. . / / r.:: as tci form: ~~_ It "v City Attorney Legal Description Approved: , ("' /. / .4' c~ ~ ~_.?-. '- .c '\ ,. /c" Z 8 (i c.. '. "" ''''-i - . ._~" ;::. '1,.- ci ty Engineer ~ '-. I ~-.....l..J_........ .....--. - ])') e CN>{<<ot T . ,,,~<.t;~ ORDINANCE NO. 095-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) 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 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. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified adjacent properties that are the subjects of agreements for water service with the , I City; WHEREAS, said agreements for water service are also I considered voluntary petitions I , 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, constitute a reasonably compact addition to the City territory. THIS IS A CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. " II " , 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: A parcel of land in Section 13, Township 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: South 227 feet of the SE 1/4 of SE 1/4 of said section 13, excluding the following parcel therof: the South 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said Section 13. Together with the right-of- way of Lawrence Road abutting east of the above described parcel, including the intersection of Lawrence Road and Gateway Boulevard. And together with the right-of-way of Gateway Boulevard abutting north of the above described parcel. is hereby annexed to the City of Boynton Beach, Florida, and I, 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 I' I the annexation of said tract of land more particularly described in Section 1 of this Ordinance. I, Section 3: That by Ordinances adopted simultaneously ,j herewith, the proper City zoning designation and Land Use category is being determined as contemplated in Section 'i 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 provJ.sJ.on of this Ordinance or any portion thereof be declared by a court of 'I competent jurisdiction to be invalid, such decision shall not I 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. Ii Section 7: This Ordinance shall become effective immediately upon passage. Section 8: specific authority is hereby given to codify this Ordinance. THIS IS A CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. Section 9: filed with the i County, Florida. FIRST READING this /.6 day of SECOND, FINAL READING and PASSAGE 1995. This Ordinance, after adoption, shall be Clerk of the Circuit Court of Palm Beach AI,4~ , 1995. this 6th day of June, CITY Vice Mayor Commissioner " I Commissioner Commissioner ATTEST: J-:td~J~ ~//1<J Ci Clerk (Corporate Seal) A; RoyalManor Annexation - 5/8/95 Rev. 4/11/96 :1 THIS IS A CORRECTIVE DEED TO CORRECT THE LEGAL DESCRIPTION HEREIN. " !i ORDINANCE NO. 095-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) AMENDING ORDINANCE 89- 38 OF SAID CITY BY AMENDING THE FUTURE LAND USE OF THE COMPREHENSIVE PLAN OF THE CITY BY ADOPTING THE PROPER LAND USE OF CERTAIN PROPERTY, MORE PARTICULARLY DESCRIBED HEREINAFTER; SAID LAND DE ISGNATION IS BEING CHANGED FROM RESIDENTIAL 8 (PALM BEACH COUNTY) TO MODERATE DENSITY RESIDENTIAL (CITY); 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, certain tracts of land more particularly described hereinafter are 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; 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 Moderate Density Residential. Said land is more particularly described as follows: THIS IS A CORRECTIVE ORDINANCE TO CORRECT THE LEGAL DESCRIPTION HEREIN. A parcel of land in Section 13, Township 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: South 227 feet of the SE 1/4 of SE 1/4 of said section 13, excluding the following parcel thereof: the South 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said Section 13. Together with the right-of- way of Lawrence Road abutting east of the above described parcel, including the intersection of Lawrence Road and Gateway Boulevard. And together with the right-of-way of Gateway Boulevard abutting north of the above described parcel. Section 2: That any maps adopted in accordance with the Future Land Use Element of said Comprehensive Plan shall be I amended accordingly. I I, 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 amendment to be in compliance I in accordance with Chapter 163.3184, F.S.; or the date a final I I order is issued by the Administration Commission finding the 'I " il amendment to be in compliance in accordance with Chapter i; 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 2l-day period no petitions are filed challenging II the amendment. ! Once issued, the Notice of Intent shall be attached hereto as Exhibit "A" and made a part of this ordinance by reference. " I FIRST READING this 16th day of May, 1995. THIS IS A CORRECTIVE ORDINANCE TO CORRECT THE LEGAL DESCRIPTION HEREIN. 1! , SECOND, FINAL READING and PASSAGE this __6th___ day of June, 1995. BO\NT9N~CH, LORIDA / 'I // I / pC~ CITY OF Vice Mayor Mayor Pro Tern Commissioner Commissioner ATTEST: ~<b~/~~ Ci Y Clerk (Corporate Seal) I '! THIS IS A CORRECTIVE ORDINANCE TO CORRECT THE LEGAL DESCRIPTION HEREIN. ORDINANCE NO. 095-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE ROYAL MANOR MOBILE HOME ESTATE PROPERTY (85.6 ACRES OF PROPERTY ON THE NORTH AND SOUTH SIDES OF GATEWAY BOULEVARDS, APPROXIMATELY 1,350 FEET WEST OF LAWRENCE ROAD) AMENDING ORDINANCE 91- 70 OF SAID CITY BY REZONING CERTAIN TRACTS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM AR AGRICULTURAL RESIDENTIAL (PALM BEACH COUNTY) AND RS-SE SINGLE FAMILY RESIDENTIAL WITH SPECIAL EXCEPTION (PALM BEACH COUNTY) TO R-1 SINGLE FAMILY RESIDENTIAL (CITY); 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 tracts of land; 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 tracts of land consisting of 85.6 acres , located adjacent to the municipal limits of said City, said land being more particularly described hereinafter, from AR Agricul tural Residential (County) and RS-SE Single Family Residential with Special Exception (County) to R-l Single Family Residential (City), which requests that the 85.6 acres be removed from the boundaries of the AR 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: Section 1: The following described land, located in the City of Boynton Beach, Florida, to-wit: A parcel of land in Section 13, Township 45 south, Range 42 east in Palm Beach County, Florida, more particularly described as follows: South 227 feet of the SE 1/4 of SE 1/4 of said section 13, excluding the following parcel therof: the South 110 feet of the north 280 feet of the east 200 feet of the west 550 feet of the SE 1/4 of the SE 1/4 of said Section 13. Together with the right-of- THIS IS A CORRECTIVE ORDINANCE TO CORRECT THE LEGAL DESCRIPTION HEREIN. way of Lawrence Road abutting east of the above described parcel, including the intersection of Lawrence Road and Gateway Boulevard. And together with the right-of-way of Gateway Boulevard abutting north of the above described parcel. be and the same is hereby rezoned from AR Agricultural Residential (County) and RS-SE Single Family Residential with Special Exception (County) to R-l Single 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: This Ordinance shall become effective immediately upon passage. FIRST READING this /~ SECOND, FINAL READING ~~ , 1995. day of $.-9<Y and PASSAGE this .::; , 1995. day of Vice Mayor Commissioner , " Commissioner Commissioner ATTEST: Jttd~a/-' Ci Clerk (Corporate Seal) i ,I RoyalManor. Rez 5/9/95, Rev. 4/11/96 THIS IS A CORRECTIVE ORDINANCE TO CORRECT THE LEGAL DESCRIPTION HEREIN. ~ (5) peNH 00-42-45-13-00-000-5020 &/('D, 4P" CJfS:-13 ~ . . . , , , , !lItL L...J. l. l. (1' elly 0' B~.lo. B..ch ~!.O~rl.. Dop"I",O.' Name of Development/Owner RO'(ItL mA(\PR. /Y'KJ?'((!; lIorY? E' fflR< Locate the subj~ct property on this map and shade in the area. PLANNING DEPARTMENT - APRIL 1991 A:AnnxApp1