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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 All ordinances or parts of ordinances in conflict herewith are ereby repealed.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 \\\\\\\111 IIIIII/It ~\\~.N... II/. (Cor~t~~,"~JP1r ~ ~ 0 O\,-POA';" <9 ~ ~ -'J- (<\, .:::.).. "# (:.'\::;::. == I- l..... 0 ~ '? = _ _. . n_ s:ca\i>riP.R\!zoning Lowes - J;.iG $res ~ ... 1920 I ~ ~', ..' ~ ~ '" ,,' ~ ~ ........... .;:. ~/II,(:-l. ORIOp.. \\\$' 1/1/111' III \I I \ \\\\ 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 :::: . OP' CJ"'fA7~ <:1'_ ~ ~ ~ ~(j ~ ((\ ~ ::: #-. '- (:) 1:' := -- (')- :0 :z:= %. 1020 ~ , t",.J ~ ~ ~ 'l. /:' ~ 'l~ l.OR\O~...~ 11// ,',.... 'Ii"" 1111 \\ \ \\ "' I, " I I J ~/~;Z.~+/JLd J-C--- Mayor Pro Tern )!\J1jA l2:1lAa~fI'. eJ/~ 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. > .<8, ~ ~ ~ ") ww,' w.~ w-, ~ ~)~) ~) ~ ~~)..,..,.., ~.., ..,..,..,.., ~..,..,..,.., ~..,..,..,~ 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~< )~ ",.."v.o,( aren McLmto/l .~ ~\ ...()~ -:... Nota Public. 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