APPLICATION
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CITY OF BOYNTON BEACH, FLORIDA
PLANNING & ZONING BOARD
LAND USE AMENDMENT AND/OR REZONING APPLICATION
This application must be filled out completely and accurately and
submitted, togethe~ with the materials listed in Section II
below, in two (2) copies to the Planning Department. Incomplete
applications will not be processed.
Please Print Legibly or Type All Information.
1. GENERJlL INFORMATI0.!i
L
Project
Name: :H../fl'7 R."cl. 6It:>v<:.-S: - Anr7cJ(O-lievt ~~rc;..Y>J
C? ho.s..... 02 _ "''f'1)
Application (check one) ,
2.
Type of
a. Rezoning only
b. Land Use Amendment only
X c. Land Use Amendment and Rezoning
3. Date this application is accepted (to be filled out by
Planning Department):
Apr~/1, 17"7'(
4.
Applicant's Name (person or business entity in whose
name th~s application is made):
L." v Jf o-ncC J"-'<;<:r If': An<::k.,.s.or?
, J
Address; ---./..5 S. La-I:-==-- 7/-c;.., (
?c.-/~ z<.r~~ L . FL ~3 ~Kd
,
(Zip Code)
Phone:
FAX:
5. Agent's Name (person, if any, representing applicant):
/Va
Address:
(Zip Code)
Phone:
FAX:
6. Property owner's (or Trustee's) Name:
Q-~ ct.bove..-
Address:
(Zip Code)
FAX:
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 2)
7. Correspondence Address (if different than applicant or
agent) :
*This is the address to which all agendas, letters, and
other materials will be mailed.
8. What is the applicant's interest in the subject parcel:
(OWner, Buyer, Lessee, Builder, Developer, Contract
Purchaser, etc.)
Ovne..r
9. Street Address or Location of subject Parcel: ~k~~ ~;d<:.-
c,f /",--o="c.e... Pd" CJ-j>,PX. <300' .s:,~l-i 6./ <<~/~}t'o7?d,
20. Site planner: "-l/A
21. civil Engineer: N. /A
22. Traffic Engineer: N/A
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
23.
Legal Description of Subject Parcel:
~ o-nn,,",-xc,.-lrOt'l
:'i<:",- ~T:>;::>/;c,," JrOVl
/ '
Area of Subject Parcel (to the nearest hundredth
(1/100) of an acre): n.77
Current zoning District: };R (~;r<.A t-. ,r~ I R",.s;/d...'n -kcL-()
proposed Zoning District: ,",6 (Aq..r;c,,/r<-y<<> )
r..J '
Current Land Use Category: ('{'fkc!;um ~..&",+,<< rS)t'1'R5
Proposed Land Use Category: ~;c.,(~~~
Intended Use of Subject Parcel: (.Pf\/-;'nu... J' U~.
Developer or Builder:
N/A
Architect:
N/A
Landscape Architect:
N/A
Surveyor:
N/A
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(7)
III. APPLICATION FEES. Fees shall be paid at the time that the
application is submitted, according to the fees which have
been adopted by ordinance or resolution. The Planning
Department will inform the applicant as to the fees which
are required. All fees shall be paid by check, payable to
the City of Boynton Beach.
IV. CERTIFICATION
(I) (We) understand that this application and all plans and
papers submitted herewith become a part of the permanent
records of the Planning and Zoning Board. (I) (We) hereby
certify that the above statements and any statements or
showings in any papers or plans submitted herewith are true
to the best of (my) (our) knowledge and belief. This
application will not be accepted unless signed according to
the instructions below.
A n,,~ I<o--f.ov, ?roJr6-m, .s~e.
O-Y1Y"\c-x_+r""" c;..Pf'I;c..~f,""ov1
Signature of ownet(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
~-(- ~y
Date
V. AUTHORIZATION OF AGENT
Signature of Authorized Agent
Date
(I) (We) hereby designate the above signed person as (my)
(our) authorized agent with regard to this application.
Date
Signature of owner(s) or Trustee,
or Authorized Principal if property
is owned by a corporation or other
business entity.
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
(8)
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Review and Processing Schedule:
~'/-'1LI
Date Accepted by Planning Department
Date Transmitted to City Clerk
Date Notifications Mailed to Surrounding Property
Owners
Dates of Advertisement in Newspaper (rezoning and/or
land use amendment)
Dates of Advertisement in Newspaper (annexation)
Date of Transmission of Departmental Review Forms to
Department Heads
Date of Review by Technical Review Board
Date of Pre-Hearing Conference
Date of Public Hearing Before Planning & Zoning Board
Date of Public Hearing Before City commission
Date of Transmission of proposed comprehensive Plan
Amendment to Florida Department of Community Affairs,
pursuant to Florida Statutes, F.S. 163.3184 (l) (a)
Date of Transmission of Proposed Comprehensive Plan
Amendment to Other Governmental Agencies Requesting
Notification, Pursuant to Florida Statutes, F.S.
l63.3184 (1) (b)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Comprehensive Plan Amend-
ment, pursuant to Florida Statutes, F.S. 163.3184 (4)
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3184 (5) (b)
Date of Hearing Before City Commission on Revised
Comprehensive Plan Amendment, Pursuant to Florida
Statutes, F.S. 163.3184 (6) (a)
Date of Transmission of Revised Comprehensive Plan
Element to Florida Department of Community Affairs,
Pursuant to Florida Statutes, F.S. l63.3l84 (6) (a)
Date of Receipt of Notice from Florida Department of
Community Affairs Regarding Revised Comprehensive Plan
Amendment
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
( 9 )
SPACE BELOW THIS LINE FOR OFFICE USE ONLY
Date of Hearing Before Florida Division of
Administrative Hearings, Pursuant to Florida Statutes,
F.S. 163.3l84 (7)
Date of First Reading of Ordinance to Annex
Date of First Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Second Reading of Ordinance to Annex
Date of Second Reading of Ordinance to Rezone and Amend
Future Land Use Map
Date of Expiration of Zoning
Date of Expiration of Time Extension for Zoning
PLANNING DEPARTMENT - APRIL 1991
A: LandUse
/<:';'1'- -d3~
ANNEXATION AGREEMENT
THIS AGREEMENT (hereinafter the "Agreement") is made and entered into this
/.1-. fj, day of f'lzrcmfip/l . 19~,by and between H, LOY ANDERSON,
JR., and INGER K, ANDERSON, 15 South Lake Trail, Palm Beach, Florida 33480
,
(hereinafter the "Owners"), and the CITY OF BOYNTON BEACH, a municipal
corporation of the State of Florida (hereinafter the "City") .
WIT N E SSE T H:
WHEREAS, on October 18,1994, the City Commission adopted a voluntary
annexation ordinance annexing the OWNERS' Property legally described in Exhibi1 "A"
attached hereto and by this reference made a part hereof, all in compliance with
Section 171,044(2), Florida Statutes and all other applicable state and local laws and
regulations; and
WHEREAS, the annexation ordinance specifically provided that the CITY
adopted simultaneously therewith a certain city zoning designation and land use
category with the understanding that upon receipt of written notice from the OWNERS
the CITY will immediately proceed to process a land use plan amendment for Low
Density Residential and a rezoning R1AAB all a contemplated. Ordinance 094-33
attached hereto as Exhibit "B" and by this reference made a part hereof; and
WHEREAS, the parties desire to enter into this Agreement to memorialize the
agreement between the parties with respect to the future land use plan designation and
zoning for the OWNERS property;
NOW, THEREFORE, for and in consideration of the sum of Ten ($10,00) Dollars
and other good and valuable consideration, the receipt and sufficien
D
DEe I 4 1994
uoo
PLANNING AND '.A.
ZONING DEPT, ..If-'
hereby acknowledged, the parties hereto agree as follows:
1, Recitals. The foregoing recitations are true and correct and are hereby
incorporated herein by reference, All exhibits to this Agreement are hereby deemed a
part hereof,
2. Effective Date. This Agreement shall become effective upon the full
execution of this Agreement by the parties hereto,
3. Land Use and Zoning, The parties acknowledge and agree to be bound
by the terms of Annexation Ordinance No, 094-33 attached hereto as Exhibit "B" and by
this reference made a part hereof, which annexed the OWNERS property legal
described in Exhibit "A" attached hereto and by this reference made a part hereof, into
the City of Boynton Beach. The Annexation Ordinance specifically provides that the
CITY adopted simultaneously therewith a certain city zoning designation and land use
category with the understanding that upon receipt of written notice from the OWNERS
the CITY will immediately proceed to process a land use plan amendment for Low
Density Residential and a rezoning to R1AAB, or its then equivalent.
4. Property Ownership, OWNERS represent to the CITY that OWNERS are
the legal and equitable owner of the property and, as such, are empowered to enter
into this Agreement.
5. Due Diligence, The CITY and OWNERS further covenant that they shall
in good faith take all reasonable actions necessary to fulfill their obligations hereunder
and pursue same throughout the existence of this Agreement.
6, Notices. Upon further written notice by either party to the other, all
notices provided for herein shall be in writing and transmitted by messenger, certified
mail, or return receipt requested, or telegram, and shall be mailed or delivered as
follows:
AS TO CITY: CITY OF BOYNTON BEACH
Carrie Parker, City Manager
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
AS TO OWNERS: H, LOY ANDERSON JR., AND INGER K, ANDERSON
15 South Lake Trail
Palm Beach, FL 33480
7. Miscellaneous,
a. Entire Agreement. This agreement sets forth all of the promises,
covenants, agreements, conditions, and understandings between the parties hereto,
and supersedes all prior and contemporaneous agreements, understandings,
iinducements or conditions express of implied, oral or written, except as herein
contained.
b. Severability, The invalidity of any provision hereof shall in no way
affect or invalidate the remainder of this Agreement.
c. Governing Law, This Agreement shall be construed in accordance
with the laws of the State of Florida, and any proceeding arising between the parties in
any manner pertaining to this Agreement shall, to the extent permitted by law, be held
in Palm Beach County, Florida.
d. Binding Effect, The obligations imposed pursuant to this
Agreement upon the OWNERS and upon the Property as described in Ordinance No.
094-33 for a term of 20 years as an enforceable covenant and this Agreement shall be
binding upon and enforceable by and against the parties hereto, successors, grantees,
and assigns, and a copy of this Agreement shall be recorded among the Public
Records of Palm Beach County, Florida, upon execution of this Agreement.
e. Attorney's Fees. Should either party hereto bring an action against
the other to enforce the terms and provisions hereof, then the party prevailing in said
action shall be entitled to a judgment against the other for his reasonable attorneys
fees and costs, through trial, appellate, and post judgment proceedings,
IN WITNESS WHEREOF. the parties hereto have executed this Agreement as
of the day and year first above written.
ATTEST:
C~ C~;~-1'~ 'U~, ~"..'f
App ed a~.Form:
/ "v--~'\,1
City Attorney
STATE OF FLORIDA
COUNTY OF PALM BEACH
H. Anderson.' r,
~~
Inger K. A erson
BEFORE ME, an officer duly authorized by law to administer oaths and take
acknowledgements. personally appeared H. LOY ANDERSON JR., and INGER K,
ANDERSON, husband and wife, and acknowledged they executed the foregoing
Agreement for the use and purposes mentioned in it.
foregoing, I have set my and official seal at q ,iJ
in the St te of County aforesaid on this )K.
1994,
My Commission Expires:
'--
No
_~e.(herC-C. (;,bsaJl
(Printed Name)
~......
...?..,:i\
~~)
......
OFFICIAL SEAL
HERBERT C, GIBSON
Notary PubDl: Stale or FlOrida
CommIltlon No. CC0815"
'_pt,... Meroh .. ,_
EXHIBIT "A"
DESCRIPTION: The East 643.18 feet, as measured at right angles to the
East line thereof, of Tracts 9 & 16, Northeast 1/4 of Section 12 as shown
on the AMENDED PLAT of SEC. 12, TWP.45S, RGE. 42E, MARY A.
LYMAN ET AL., as recorded in Plat Book 9, at Page 74 in and for the
Public Records of Palm Beach County, Florida.
EXCEPT any and all legal Rights-of-Way, Easements or Reservations of
Record.
I
II
I
ORDINANCE NO. 094-33
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE PALM BEACH GROVES PROPERTY
(WEST SIDE OF LAWRENCE ROAD, BEGINNING
APPROXIMATELY 1,300 FEET SOUTH OF
HYPOLUXO 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 MEDIUM
RESIDENTIAL 5 TO AGRICULTURE; PROVIDING
FOR CONFLICTS, SEVERABILITY, AND AN
EFFECTIVE DATE.
II
Ii
II
II
.1
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 COIlDlISSION 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 Agriculture. Said land is more
particularly described as follows:
The East 643.18 feet, as measured at
right angles to the East line thereof, of
Tracts 9 and 16, Northeast 1/4 of Section
12, Township 45 South, Range 42 East,
Mary A. Lyman et ai, as recorded in Plat
300k 9, at page 74 in and for the p~blic
': Records of Palm Beach County, Florida,
~xcept a~y ani all le;al r~ghts-o:-waYI
~ase~e~ts or Reservati~DS s: Record.
II
C~~tai~ing 19.77 acres ~cre or less and
together with L,W.D,D. L-19 Canal R/W
adjacent South of the property,
"
!:
~~=--C~ ~. T~a: a~y ~aps ai~~tec ~n accc~da~ce wit~ the
I F~:~~e La~d Use E:ement of said cCG~~ehe~5ive Plan shall be
\!61f
amended accordingly.
S~ction 3: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
ill S~ct i on 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,
S~ction s: The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding this amendment to be in 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 day of October, 1994.
SECOND, FINAL READING and PASSAGE this
, 1994.
day of
CITY OF BOYNTON BEACH, FLORIDA
Mayor
vice Mayor
Mayor Pro Tern
Commissioner
~ I
Corn:r\is s iO:1er
p..-:'T~S-:':
il
:~:::::-~
-
I
(Ccrr:;crate Seal.)
,!