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LEGAL APPROVAL , , I " " ORDINANCE NO. O<?J'?-6.3 " " ,! I, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND LAWRENCE ROAD) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN PARCEL OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY CC (COMMUNITY COMMERCIAL) TO C-3 ( COMMUNI TY COMMERCIAL) ; AMEND ING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. , jl 'I 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, is Simultaneously herewith adopting an Ordinance annexing a parcel of land more particularly described herein into the City limits of said City; and WHEREAS, Kieran J. Kilday/Kilday & Associates, Inc., i agents for Mar/Jame Limited, the property owners, have !I 'I heretofore filed a Petition with the City of Boynton Beach, I 'I ';Florida, pursuant to Section 9 of Appendix A-Zoning, of the i 'Code of Ordinances, City of Boynton Beach, Florida, for the I , :: purpose of rezoning a certain parcel of land consisting of , ,approximately 8.26 acres located within the muniCipal limits of said City, said property being more particUlarly described hereinafter, from CC (Community Commercial) to C-3 (Community Commercial), which requests that the 8.26 acre parcel be removed from the boundaries of the CC 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: '" The North half (N. 1/2) of the North half (N. 1/2) of the Northwest quarter (N.W. 1/4) of the Northwest quarter (N.W. 1/4) of Section 7, Township 45 south, Range 43 East, Palm Beach County, Florida, less the North 40 feet thereof and less the West 40 feet thereof. Containing 8.26 acres more or less. Together with that portion of Hypoluxo Road R/W abutting the North property line of the above described parcel and together with that portion of Lawrence Road R/W abutting the West property line of the above described parcel. be and the same is hereby rezoned C-3 (Community Commercial). Section 2: That the aforesaid Revised zoning Map of the City shall be amended accordingly. II , I Section 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed, Section 4: Should any section or provis ion 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. ;1 FIRST READING this /.5" day of -:zJGt!Em:l3ER , 1992. , I! SECOND, FINAL READING and PASSAGE this --- VAAltUl/<'1 , 1993. ..3- day of II ATTEST; r.?l,a/1VY.L. ~ ~~L/ 'Cit Clerk (Corporate Seal) A:LAHYJ'IlBZ.OItD CITY OF BOYNTON BEACH, FLORIDA ~ . Mayor /t~~.~. Vice Mayor / " II II I I I I ORDINANCE NO. 092-':;;/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION (SE CORNER OF HYPOLUXO ROAD AND 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; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ADVERTISING; PROVIDING AN EFFECTIVE DATE; PROVIDING AUTHORITY TO CODIFY; PROVIDING THAT THIS ORDINANCE SHALL BE FILED WITH THE CLERK OF THE CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON ADOPTION; AND FOR OTHER PURPOSES. WHEREAS, Kieran J, Kilday/Kilday & Associates, Inc, agents for Mar/Jame Limited, 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, I I , i THE I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 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 I and being in the County of Palm Beach, Florida, to wit: Ii i' II ,I II I, The North half (N. 1/2) of the North half (N. 1/2) of the Northwest quarter (N.W. 1/4) of the Northwest quarter (N,W. 1/4) of Section 7, Township 45 South, Range 43 East, Palm Beach County, Florida, less the North 40 feet thereof and less the West 40 feet thereof, Containing 8.26 acres more or less. I , , ,. II II is hereby annexed to the City of Boynton Beach, Florida, and II such land so annexed shall be and become part of the City with il II the same force and effect as though the same had been I I, originally incorporated in the territorial boundaries thereof, I I city of Boynton Beach, Florida, is hereby amended to reflect i the annexation of said tract of land more particularly I described in Section 1 of this Ordinance, I , I I herewith, I category is being determined as contemplated in Section Together with that portion of Hypoluxo Road R/W abutting the North property line of the above described parcel and together with that portion of Lawrence Road RjW abutting the West property line of the above described parcel. Section 2: That Section 6 and 6(a) of the Charter of the Section 3: That by Ordinance adopted simultaneously the proper City zoning designation and Land Use 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 authorlty is hereby given to codify this Ordinance, 1 ~, r L A. N D #)",0. )Ct:I ~'p' I , L...- ... , .. ( .. 10- fZ I 1 ~ , . , NOT ICE 0 F Z 0 N I N G C H A N G E, USE A. MEN D M E NT, AND A. N N E X A T I O'N , .-/1 g i -L _:B, ';AtvU L' J ' ,?)J G;lf 1,,- L '-1.. --\ R1A t:.o.. E .( ~ ~ puc LUI: 4. 'KNCLLWCCC GRC ", - -. - ~. "'~ LAWRENCE AND HYPOLUXO COMMERCIAL CENTER Section 9: This Ordinance, after adoption, shall be filed with the Clerk of the Circuit Court of Palm Beach County, Florida. FIRST READING this /~ day of ~~~~~ , 1992, I I SECOND, 1"'::;;;/11 tu'f t<? r' , I I I I I i i ! FINAL READING and PASSAGE this J day of 1993. CITY OF BOYNTON BEACH, FLORIDA ~~ . M or ~ I I I I ,I ,. I I Vice , commissio~ v ATTEST; c!:t//~Q;c~~~ ci Clerk I (Corporate Seal) ,I II i , I A:LAHTPANX.OIl.O ;! I . o ORDINANCE NO. 0 f'"tf -~o(t- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PLANNING AREA 6.C OF THE COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT IN CONNECTION WITH THE LAWRENCE AND HYPOLUXO COMMERCIAL CENTER APPLICATION; SAID TEXT AMENDMENT WILL ALLOW COMMERCIAL LAND USE WITHIN A PORTION OF PLANNING AREA 6. C; PROVIDING A CONFLICTS' CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AUTHORITY FOR CODIFICATION; AND PROVIDING 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, Kieran J. Kilday/Kilday & Associates, Inc., agents for Mar/Jame Limited, owners of the subject property, have applied to amend that portion of the Comprehensive Plan Future Land Use Element entitled Land Use Problems and I opportunities, Planning Area No.6, Area 6.c.; and WHEREAS, the procedure for amendment of the 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 text of 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: The portion of the Comprehensive Plan Future Land Use Element entitled Land Use Problems and Opportunities, I Planning Area 6, Area 6.c. is hereby amended by adding the underlined text and by deleting the words and figures in the strike-through type as follows: Unincorporated Parcels Adioininll Northwest Corner of the City (presentlv unincorporatedl With the exception of the 8 acre parcel adiacent to HVDOluxo Road. ~these parcels should be annexed and placed under the Low Density Residential land use category, in order to ensure r.l compatibili ty with existing and future residential' land uses in the vicinity. Annexation of these properties will square off the City's boundary and will allow the city to control the use of these parcels. Development of these parcels should be compatible with existing low-density single family dwellings in this area. 'l'fte~efe~e However, the 8-acre parcel adjacent to Hypoluxo Road should be placed in the Lew Beft~~~y-~~~~-~-aftd-~fteHia Be-iimi~ea-~e-~we-~~e~y-t~;-fee~1-sift~ie ,-- ~ , 1 I femiiy-a~~aeftea-&p~~~~~,-e~ A€hP-Hfti~e Local Retail Commercial land use cateaorv. Commercial development of this corner is fte~ warranted, ~iftee--etI. adelllta~e -ftHee~- ef--commeI'C 1 al _i-t!ee- -ape leea~ed-~ft~~~~~~we~~7-a~-H~1~~apy ~pa~1,--aftd--r--m~le--~e--~fte--ea8~T--a~ €eft~pe88--A~efttie because this parcel possesses a Countv Commercial Low land use plan desianation and because the narrow confiauration of the parcel would make residential development of the proper tv very difficult. Development of [] the parcels which lie to the south of the above-mentioned parcel should be limited to low-density single-family detached dwellings, with a gross density of not more than 3.5 units per acre. The rights-of-way for Lawrence Road and . Hypoluxo Road which lie adjacent to all of the above-mentioned parcels should also be 'annexed. Section 2: That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. [j Section 3: Should any section or provision of this ordinance or portion hereof, any paragraph, sentence, or 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 /.5 day of "27.B7A'"/1?.ee-~ , 1992. SECOND, FINAL READING and PASSAGE this ..,3- - V/1Nt,L,'9~tj, 1993. day of .f.'... :. , CITY OF BOYNTON BEACH, FLORIDA ~~ Ma or LI ATTEST: ~~~XLax~".AL- Ci clerk (Corporate Seal) AILAlITp".a.oa& 11/11/11 NOTICE OF MUNICIPAL ANNEXATION 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 cont"ained 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: Mar/James Limited Ordinance 1092-61 or Special Act of State Legislature: Bill 1 Effective Date: -. January 5, 1993 Area of Subject Property: Estimated Present Population: 0 Estimated Number of Existing Dwelling Units: 0 Sq. Ft. 8.26 Acres Estimated Present Residential Density: 0 C-3 Zoning: Commlln i tv CommerciaJDensi ty Allowed: N / A d.u. 's/acre d.u. 's/acre Existing Type of Development: Commercial Nursery - no longer in operation. Proposed Type of Development: Retail Commercial *OWner or Petitioner *County Commissioners *County Planning, Bldg, Zoning All City Departments All Utility Comppnies . *Area Plannin9 Board *Countywide Planning Council Chamber of Commerc.e Bureau of Census *County Tax Assessor , *Secretary of State I *Clerk of County Circuit Court to receive copy of ordinance \ Attachment Location Map *Supervisor of Registration *State Beverage Department *State Department of Transportation __.J-i.. . :r---- 'D-j /~ .1c~~~ I rv~~ r-