LEGAL APPROVAL
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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
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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
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(Corporate Seal)
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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
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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
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ON BEACH, FLORIDA
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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
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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
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ATTEST:
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(Corporate Seal)
A:AXAP9RZ.ORD
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"'93
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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.
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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
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