LEGAL APPROVAL
ORDINANCE NO 099-"7'
AN ORDINANCE OF THE cm COMMISSION OF
THE cm OF BOYNTON BEACH, FLORIDA,
REGARDING THE APPLICATION OF RICHARD
BASEHART OF BASE HART CONSULTING, INC.,
AGENT FOR WOOLBRIGHT PARTNERS, INC., (A
589 ACRE PARCEL LOCATED AT R (fU r"i: n ," ~
SOUTHWEST CORNER OF 1-95 A ,.JL.:':___I~;I - I,~
WOOLBRIGHT ROAD, APPROXIMATELY 390 FE " I I
SOUTH OF WOOLBRIGHT ROAD), AMENDI ,\' JAN 2 8
ORDINANCE 91-70 OF SAID cm BY REZONI
L--
A CERTAIN TRACT OF LAND MO E
PARTICULARLY DESCRIBED HEREIN, FROM
PLANNED INDUSTRIAL DEVELOPMENT DISTRICT
(PID) TO C-3 (COMMUNm COMMERCIAL),
PROVIDING FOR CONFLICTS, SEVERABILITY AND
AN EFFECTIVE DATE.
"1
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, Richard Basehart of Basehart Consulting, Inc., agent for
oolbright Partners, Inc., owner of the property more particularly described
hereinafter, has heretofore filed a Petition, pursuant to Section 9 of Appendix
-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
purpose of rezoning a certain tract of land consisting of 589 acres, said land
being more particularly described hereinafter, from Planned Industrial
Development District (PID) to C-3 (Community Commercial) , and
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
passa e
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 as set forth as follows
A 5 89 acre parcel described as
parcel 3A, of the plat of Boynton
Commerce Center, according to the
plat thereof, as recorded in plat
book 46, pages 126 and 127 of the
Public Records of Palm Beach County,
Florida
e and the same is hereby rezoned from Planned Industrial Development District
PID) to C-3" (Community Commercial) A location map is attached hereto as
xhibit "A" and made a part of this Ordinance by reference. Attached as Exhibit
B" is a copy of the conditions/requirements for this rezoning, which are
corporated herein
Section 2. That the aforesaid Revised Zoning Map of the City shall be
mended accordingly
Section 3. All ordinances or parts of ordinances in conflict herewith are
ereby repealed.
Section 4. Should any section or provision of this Ordinance or any
ortion thereof be declared by a court of competent jurisdiction to be invalid, such
ecision shall not affect the remainder of this Ordinance.
Section 5. This ordinance shall become effective immediately upon
FIRST READING this 41 day of ~.I'-~'=-~ ,1999
SECOND, FINAL READING and PASSAGE this ;/ day Oh..7A"dUAA!V ,-=<,~o
~
Ci Clerk
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ORDINANCE NO 099~6
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING VACANT PROPERTY CONSISTING
OF 5 89 ACRES OF LAND (LOWE'S HOME
CENTER), 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 HEREINAFT~R,
SAID LAND USE DESIGNATION IS BEING
CHANGED FROM INDUSTRIAL TO LOCAL
RETAIL COMMERCIAL; 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, the procedure for amendment of a Future Land
se 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 Local Retail Commercial
Said
land is more particularly described as follows
A 5 89 acre parcel described as parcel
3A, of the plat of Boynton Commerce
Center, according to the plat thereof,
as recorded in plat book 46, pages 126
and 127 of the Public Records of Palm
Beach County, Florida
Section 2. That any maps adopted in accordance with the
Future Land Use Element shall be amended accordingly
Section 3.
All ordinances or parts of ordinances in
conflict herewith are hereby repealed
Sect ion 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
This Ordinance shall become effective 31 days
after adoption, unless challenged
If challenged, it becomes
effective upon the issuance of a final order finding it in
compliance
Ii
FIRST READING this 01/ day of ~~~,.e
, 1999
J/ day of
SECOND, FINAL READING and PASSAGE this
~Nari~f/ , ~67c:?
Ci Y Clerk
( corpo~'t\~II/~~8(~)
~" daV N,O :I~
~~'t7 AI 'l.
s ca'~ ~w~$,'J:~ 't:an6r Land Use
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Mayor Pro Tern
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Cornrnlssloner
DEPARTMENT OF DEVELOPMENT
DIvision of Planning and ZonIng
Building
Planning & Zoning
Engineering
Occupational License
Community Redevelopment
December 30, 1999
Robert Basehart
333 Southern Blvd.
West Palm Beach, Flonda 3340
Re
File No
LocatIOn.
Lowe's Home Center
LUAR 99-004
SW Comer ofI-95 and Woolbnght
Dear Mr Basehart:
Enclosed IS the CIty of Boynton Beach Development Order for land use amendment/rezonmg
granted on December 7, 1999
Should you have any questIons regarding thIS matter, please feel free to contact this office at
(561) 742-6260
Smcerely,
~e-Z-
Michael W Rumpf
DIrector of Plannmg & Zomng
MWR/nl
J:\SHRDA TAIPlanning\SHAREDlWPIPROlECTS\LOWE'S HO~ CENTER\LUARIDevelopmenl Order Lener.doc
America's Gateway to tlte Gulfstream
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FA.X: (561) 375-6259
RI::QlJEST FOR PUBLISHING
LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS
A completed copy of this routing slip must accompany any request to have a Legal
Notice or Legal Advertisement published and must be submitted to the Office of the City
Attorney two working days prior to the newspaper's ad submittal deadline
ORIGINATOR. Planning and Zonina
PREPARED BY Michael Rumpf
DATE PREPARED September 17,1999
BRIEF DESCRIPTION OF NOTICE OR AD. Land Use Amendment and Rezonina - S. W.
Corner of 195 and Woolbright Road (Lowe's Home Center)
SPECIAL INSTRUCTIONS AND REQUIREMENTS (Size of Headline, Type Size, Section
Placement, Black Border, etc.)
Standard Leaal Ad for Planning and Development Board meetina on October 26, 1999 at
7:00 p.m. and City Commission meetina of November 2,1999 at 7.00 p.m.
SEND COPIES OF AD TO Newspaper, property owners within 400 feet, applicant and
Planning and Zonina Director.
NEWSPAPER(S) TO PUBLISH The Post
DA TE(S) TO BE PUBLISHED IN NEWSPAPER.
September 26, 1999
APPROVED BY
(1)
(Originator)
(Date)
(2)
(City Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED
J:ISHRDATAIPLANNINGISHAREDIWPlPROJECTSILOWE'S HOME CENTER LUARILEGALNOT,DOC
riCE OF PUBLIC HEARING
NOTICE OF LAND USE AMENDMENT
NOTICE OF REZONING
NOTICE IS HEREBY GIVEN that the Planning and Development Board of THE CITY OF BOYNTON
BEACH, FLORIDA, will conduct a PUBLIC HEARING at CITY HALL COMMISSION CHAMBERS, 100
East Boynton Beach Boulevard, on Tuesday, October 26, 1999 at 7 00 pm, to consider this request
submitted by Robert E Basehart, Basehart Consulting, Inc The City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, will also hold a public hearing to consider this request on November 2,
1999 at 7 00 pm, or as soon thereafter as the agenda permits at the City Hall Commission Chambers
The request is described as follows
LOCA TION.
Southwest corner of 1-95 and Woolbright Road, approximately 390 feet south of
Woolbright Road
REQUEST.
Amend the Comprehensive Plan Future Land Use Map
From - Industrial
To - Local Retail Commercial
REQUEST.
Rezone.
From -
To -
Planned Industrial Development District (PID)
Community Commercial (C-3)
PROPOSED USE. Retail (home improvement center)
LEGAL DESCRIPTION
A 5 89 acre parcel described as parcel 3A, of the plat of Boynton Commerce Center, according to the
plat thereof, as recorded in plat book 46, pages 126 and 127 of the Public Records of Palm Beach
County, Florida
This request can be viewed between the hours of 8 00 a m. and 5 30 p m at the City of Boynton Beach
Planning and Zoning Division, 100 East Boynton Beach Boulevard
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 Development Board or City
Commission with respect to any matter considered at these meetings will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
PUBLISH The Post
September 26, 1999
\\CHlMAIN\SHRDATA\Planning\SHAREDlWP\PROJECTS\LOWE'S HOME CENTER LUAR\legalnol.doc
DEPT OF CO~ AFFAIR~ F~x 8504883309
Feb 8 20JO 15 OJ P J2
.. 4 RPM-BSP-SMALL SCALE-l
SMALLSCALEDEVELOPMENT~~NDMENT
SUBMIlTAL FORM
1
Name of Local Government
[7, '~y ~,.j"
/
~CJY' r> ~
r
?u~ /1-/'
/
R~~~- L'
Phone Number ;5'6 r- 2&('2 -~266
Person completing this form yvJ t'c.t~e /'
.
Name of Newspaper that notice of small scale development amendment was published
~ fYl? :;s~O-c~ 7?5;.-f-
.
Date Pubbcation Noticed f ~c. ~rr
. ' I
(Please attach copy of notice)
2. Number of acres of small scale development amendments contained in pa~kage:
a. Within Urban Infill, Urban Redevelopment or Downtown RevItabzation as defined by
Section 1633164, FS
b Within Transportation Concurrency ExceptIon Area pursuant to Section 163 3180(5). FS
c. Within Regional Activity Centers or UrblU1 Central Business Districts pursuant to Section
380 06(2)(e). FS
d.
Outside categories a,. b and e.
s:g?
3 CumulatIve total number of acres of small s~ale development amendments for the calendar year'
a. Categories lISted In Item 2 a, b, and c, above
b
Categories listed In Item 2 d abo"e
S:fl(
4 Total number of acres of small scale development amendmenUllll thIS package that are located withm a
coastal high hazard area as Identified m the comprehensIve plan
Pursuant to Rule 9J-11 015(2), Florida Administrative code, this fonn must be mailed with all small scale
development amendments as defmed by Sectlon 163 3187(1)(c), Florida Statues to
DEPARTMENT OF COMMUNITY AFFAIRS
BUREAU OF STATE PLANNING
PLAN PROCESSING SECTION
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399~2100
(904) 488-4925
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
ST ATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Tvler Dixon who on oath says that she
is Classified Advertising Manager, Inside Sales of The Palm Beach Post, a daily and Sunday
newspaper published at West Palm Beach in Palm Beach County, Florida, that the attached copy
of advertising, being a Notice in the matter of Land Use Amendment & Rezonin2 in the ---
Court, published in said newspaper in the issues of Seotember 26.1999.
Affiant further says that the said The Post is a newspaper published at West Palm Beach, in said
Palm Beach County, Florida, and that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered as second
class mail matter at the post office in West Palm Beach, in said Palm Beach County, Florida, for
a period of one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that she/he has neither paid nor promised any person, firm or
corporation any discount rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper
~~'
Sworn to aod subscribed before this 27 day of zem~ Ao'[9
- f#v '-7 /rr-fr-
Personally known XX or Produced Identification
Type of Identification Produced
(I WIllI, /11//11 '/////1///1/1/111///////1//// W/~<
S5 ,~"y Pila" Karen McLmlon '~
~~ ~~ S Nl'tarv Public, State ofFlvrida :
,( ~~Y1.;< Commission No. CC 5QJ337 >
~ ""'E' Of f\'O'" My Co:ml1ission Exp 111\ 5,2000 :,..~
) >
'>( -8GO-3-NOTI\RY Fl.. NO(11)' s.:rvice &. Dcndiog Co. >
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FEH , 0
IlAND
'J on::,
~'':''-';;''''--'n-_--<._
NO. 805V48
NOTICE OF PUBLIC HEARING
NOTICE OF LAND USE
AMENDMENT
NOTICE OF REZONING
NOTICE IS HEREBY GIVEN tIlet
lINI PI.nnlng .nd D...lopment
Boerd 01 THE CITY OF BOY'"
TON BEACH, FLORIDA, wID
eonduet . PUBLIC HEARING .t
CITY HALL COMMISSION
CHAMBERS, 100 E..t Boynton
Be...h Boule..rd. on Tu..d.y,
October 211, 19l11l .t 7:00
p.m., to conalder tltl. request
.ubmltted by Robert E, B._
h.rt, BeH_ Con_ng, Inc.
Th. City CommlHion 01 THE
CITY OF BOYNTON BEACH.
FLORIDA, wiN .180 hold . pub-
lic ....rlng to con_r till. re-
qu..t on No..mber 2, 1_ .t
7:00 p.m., or a. .oon ther.
.tter .. the .g.nd. permlta .t
lINI CIty H.II Commlaalon
Ch.mber., T'" r.q....t i. de-
acrl_ .. lOllow.:
LOCATION: Soutll_.t corn.r
of 1-116 .nd Woolbright Ro.d.
.pproxlm.t.1y 3110 I..t 80uth
01 Woolbright Ro.d.
REQUEST Amend t... Co....
prehenslve Plan Future Land
U.. M.p:
I From Indu.trl..
To Loc.' lI.tllll Commercial.
REQUEST: lI.zon.:
From P1.nned Indu.trlal De-
.....p....nt DI.trlct (PlD)
To Comm_y ConvnercllIl
(1:-3).
I PROPOSED USE: R.tall (ho....
Impro......nt c.nter)
I LEGAL DESCRIPTION: A 5.n
..... p.rc.1 d..crlbed .. per-
c.. 3A. of t... pllIt Of Boynton
Commerce- Center. accordtnfl
to lINI plat tIl.._, .. r.cor<t-
ed .In plllt book 411, p.g.. 1211
.nd 127 01 tM Public Record.
01 P.1m lluch County, Flori-
d..
TN. request can be viewed
b.tw..n lINI ........ 01 8:00
.,IIl. .nd 5:30 p.m. .t tIl. City
01 Boynton B.ech ....nnlng
.nd Zoning DI.lalon. 100 E..t
Boyn_ Beech BouIe..,d.
AM Int.r..ted p.run .r. not..
lied to .ppeer .t "Id ....rlng.
In perMn or by attorney and
be h..rd. Any p.reon who de-
cld.. to .ppe.1 .ny d.../.lon
01 _ P....nlng .nd D...lop-
m.nt Bo.rd or City Commlo-
alon wltlt r..peet to any mat..
t.r conalcl.red .t th...
_tlng. wlM n_ . NOOrd 01
t... p,oc_lng .nd lor ouch
purpo.. may nHd to ....ur.
th.t a .erb.tlm r.cord 01 lINI
proc_nga Ie made, wlllch
record lnclu_ lINI t..Umony
.nd ..Idenc. _ wlllch lINI
appeal I. to be b...d.
CITY OF BOYNTON BEACH
PLANNING AND ZONING
DIVISION
(sel) 742-ll280
PUBLISH: T'" Po.t
$apt....ber 28, 19l11l
_I
"f q !j
I~ fqf
/ /)/1
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
I PROOF OF PUBLICATION
!
STATE OF FLORIDA
COUNTY OF PALM BE CH
Before the undersigned auth ity personally appeared Tvler Dixon who on oath says that she
is Classified Advertising M nager, Inside Sales of The Palm Beach Post, a daily and Sunday
newspaper published at West aim Beach in Palm Beach County, Florida; that the attached copy
of advertising, being a Noti in the matter of Land Use Amendment & Rezoninsr in the no
Court, published in said new paper in the issues of SeDtember 26.1999.
Affiant further says that the s id The Post is a newspaper published at West Palm Beach, in said
Palm Beach County, Florida, d that the said newspaper has heretofore been continuously
published in said Palm Beach County, Florida, daily and Sunday and has been entered as second
class mail matter at the po~stlce in West Palm Beach, in said Palm Beach County, Flonda, for
a period of one year next p ding the first publication of the attached copy of advertisement;
and affiant further says that s elhe has neither paid nor promised any person, rum or
corporation any discount reb e, commission or refund for the purpose of securing this
advertisement for publication n the said newspaper
I
I
Swam to and subscribed beft litis 17 day of
Personally known XX or Pro~~ced Identification
Type of Identification ProducT
~(I?,'IIIII, /lIllllllllll~IIIII1II1ININIIIJlIi.'lIl~<
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'~~~~ Co ission No. CC SQ1337 ·
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tIllI ......""" OIl' 0..-,-
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COll4IueI . I'UIUC ..ARINO at
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CHAIIII!.... 100 I'" ..,......
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p...,. to _....r _ r......
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CITY Of' aOYNTON HACI1.
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, aN ....0.. 4IIIIerlMtt .. poro
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01 ..",lOll ...." ....llIllllt
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-..... ...... 0 ~.f
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