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LEGAL APPROVAL // I / ORDINANCE NO. 093-6~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RONALD J. DINGLE PROPERTY (IMMEDIATELY SOUTH OF COLONIAL CLUB CONDOMINIUM, APPROXIMATELY 550 FEET EAST 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 FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires tQe development of an Annexation Program intended specifically to evaluate the annexation of existing County enclaves within the incorporated area; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified properties located within county enclaves which 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 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. 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 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the point of intersection of the Westerly right-of-way line of the Intracoastal Waterway with a line 61.2 feet South of, measured at right angles to and parallel with, the North line of said section 4; thence continuing on an assumed bearing, due West, parallel with the North line of Section 4, a distance of 150.00 feet; thence S 6 07' 20" W parallel with the West right-of-way line of said Intracoastal Waterway, a distance of 15.00 feet; thence S 13 46' 24" W, a distance of 26.43 feet; thence S 9 31' 12" E, a distance of 36.00 feet; thence S IS IS' 54" W, a distance of 29.30 feet: thence due East, parallel with said Section 4, a distance of 150.00 feet to the said West right-of-way line of the Intracoastal Waterway; thence N 6 07' 20" E along the said West right-of-way of the Intracoastal Waterway, a distance of 104.5 feet to the point of beginning. Containing 0.36 acre more or less. Together with riparian rights, if any, appertaining thereto. 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 /~ day of AlbV5/'N.tfM:".t< , 1993. SECOND, FINAL READING and PASSAGE this ;7 day of ~.........,4lS"'~ , 1993. ,~ I~Y OFdOYN ON _BEACH, FLORIDA <../ 1'.1 7/', (~ i:: t" .' ,,', -! '" /..{,,(., 4~~?.; / Mayor' ,/ / Vice \. / ujtLL-f ATTEST: ,~~97c~//J~' Cit Clerk (Corporate Seal) A:AXAP9ANX.ORD - ,.., c:?,?3 '~, ; .1. ,: ,I Q'~ ' r"j,', l 25 . .....JJ...... G) "'~3 ORDINANCE NO. 093-63 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RONALD J. DINGLE PROPERTY (APPX. 550 FEET EAST OF FEDERAL HWY., IMMEDIATELY SOUTH OF COLONIAL CLUB CONDOMINIUM) 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 MODERATE DENSITY RESIDENTIAL; 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 Futu~c 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 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Beginning at the point of intersection of the Westerly right-Of-way line of the Intracoastal Waterway with a line 61.2 feet South of, measured at right angles to and parallel ...... - with, the North line of said section 4; thence continuing on an assumed bearing, due West, parallel with the North line of Section 4, a distance of 150.00 feet; thence S 6 07' 20" W parallel with the West right-of-way line of said Intracoastal Waterway, a distance of 15.00 feet; thence S 13 46' 24" W, a distance of 26.43 feet; thence S 9 31' 12" E, a distance of 36.00 feet; thence S IS IS' 54" W, a distance of 29.30 feet: thence due East, parallel with said Section 4, a distance of 150.00 feet to the said West right-of-way line of the Intracoastal Waterway; thence N 6 07' 20" E along the said West right-of-way of the Intracoastal Waterway, a distance of 104.5 feet to the point of beginning. Containing 0.36 acre more or less. Together with riparian rights, if any, appertaining thereto. 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 /t:6 day of ~~EA?~..-? , 1993. SECOND, FINAL READING and PASSAGE this '7 day of ~<!GA?~~ , 1993. CITY OF '-/' /. ... "-- .. ON BEACH, FLORIDA L,. .- t tc (~ t ~ < ;, './ _/ ( dude Mayor ATTEST: ~t2A'A"'~ ~.I.a,. Ci Clerk (Corporate Seal) ORDINANCE NO. 093-~ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE RONALD J. DINGLE PROPERTY (IMMEDIATELY SOUTH OF COLONIAL CLUB CONDOMINIUM, APPX. 550 FEET EAST OF FEDERAL HWY.) AMENDING ORDINANCE 91-70 OF SAID CITY BY REZONING A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN, FROM COUNTY RM (RESIDENTIAL MEDIUM DENSITY) TO R-I-A (SINGLE FAMILY RESIDENTIAL); AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLCITS, 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 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 a certain tract of land consisting of approximately 0.36 acre located within the municipal limits of said City, said land being more particularly described hereinafter, from RM Residential Medium Density to R-1-A Single Family Residential, which requests that the 0.36 acre tract be removed from the boundaries of the RM 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 7.n"in~ M~p 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 4, TownShip 46 South, Range 43 East, Palm Beach - --- County, Florida, more particularly described as follows: Beginning at the point of intersection of the Westerly right-of-way line of the Intracoastal Waterway with a line 61.2 feet South of, measured at right angles to and parallel with, the North line of said section 4; thence continuing on an assumed bearing, due West, parallel with the North line of Section 4, a distance of 150.00 feet; thence S 6 07' 20" W parallel with the West right-of-way line of said Intracoastal Waterway, a distance of 15.00 feet; thence S 13 46' 24" W, a distance of 26.43 feet; thence S 9 31' 12" E, a distance of 36.00 feet; thence S 18 18' 54" W, a distance of 29.30 feet: thence due East, parallel with said Section 4, a distance of 150.00 feet to the said West right-of-way line of the Intracoastal Waterway; thence N 6 07' 20" E along the said West right-of-way of the Intracoastal Waterway, a distance of 104.5 feet to the point of beginning. containing 0.36 acre more or less. Together with riparian rights, if any, appertaining thereto. be and the same is hereby rezoned from RM Residential Medium Density (county) to R-1-A 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 its final passage. FIRST READING this /6 day of ~.;/~"""''''''~A' , 1993. SECOND, FINAL READING and PASSAGE this ~4eA" , 1993. 7' day of CITY OF BOYNTON BEACH, FLORIDA (', 1/ Vi t'-<-W ATTEST: ~~~~~~/ (Corporate Seal) A:AXAP9RZ.ORD - -- 25 ,. ;, d.....0-, \, . .. .....1..1.._ {D "'93 N d TIC E . C I T Y 0 PUB o F F L I Z B 0 C o N I N G C H Y N TON B E H EAR I N G S A N G E A C H In connection with the City's Annexation Program, the city of Boynton Beach 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, each at 7:00 P.M. or as soon thereafter as the agenda permits, at City Hall in the Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. ~ '(I -''0' " :.\\~ I /'J:I~' :3 .~J: N -"-.,- I: I ". )\ !'tr~~LJ' - ~ : ~-- .~.~~~) , .:: 1.c:J~=- R R3 , , , ,1....-.-__ I m 9-93 DINGLE PROPERTY - ANNEXATION PROGRAM PETITIONER: PROPOSED: LOCATION: Ronald J. and Marguerite Dingle No change proposed. A 0,36 acre parcel appx. 550 feet east of Federal Highway, immediately south of Colonial Club Condominium (#3 Virginia Gardens). Complete legal description on file in the Planning Department, 100 East Boynton Beach Boulevard, Boynton Beach, Florida. LEGAL DESCRIPTION: REQUEST: REQUEST: ANNEXATION: AMEND FUTURE LAND USE PLAN: From - Medium Residential 5 (County) To - Moderate Density Residential (City) REZONE: From - RM/Residential Medium Density (County) To - R-1-A/Single Family Residential (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 .I.:DINGLE.AO .j NOTICE OF MUNICIPAL ANNEXATION FROM: City of Bovnton 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: Ro'nd-.(c9.. D"""j(~ Ordinance * 9.3 -c,;Z or Special Act of State Legislature I Bll1 * 1::2!7 /n Effective Date: Area of Subject Property: Estimated Present Population: Sq. Ft. ("> .3(, Acres Estimated Number of Existing Dwelling Units: I ,,2. Estimated Present Residential Density: Zoning:J-{ -A Density Allowed: ,2.7'/ S.io d.u. 's/acre d.u. 's/acre Existing Type of Development: S.i~J (.. ('0- <,",', '-y h........,"'- Proposed Type of Development: *OWner or Petitioner *County Commissioners *County Planning, Bldg, Zoning *Area Planning ~oard *Countywide Planning Council All City Departments All Utility Comppnies Chamber of Commerce Bureau of Census *County Tax Assessor *Secretary of State *Supervisor of Registration *Clerk of County Circuit Court to receive copy of ordinance Attachment Location Map *State Beverage Department *State Department of Transportation -'-'- , -.P-- 'D-/ /~ ... 'lc~~ ~vr-';' ?_