LEGAL APPROVAL
The City of Boynl.on Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Aorida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
.~(
.
\>. .
'" . . ~'?
... ..... . .
.'r;'I'; .'
www.boynton-beach.org
December 8, 2006
Mr. Bradley Miller
Miller Land Planning Consultants
420 W. Boynton Beach Blvd. - Suite 201
Boynton Beach, FL 33435
RE:
For:
FileNo.:
Location:
Dear Mr. Miller:
Boynton Bagels
Request for Annexation Land Use Amendment & Rezoning
ANEX 06-070 and LUAR 06-020
3377 N. Federal Hwy.
In reviewing our files, we find that copies of Ordinances 06-081 and 06-083 signed by the City
Clerk were not forwarded to you under an approval letter.
Enclosed are the City of Boynton Beach Ordinances for the above-referenced requests, which
represents approval to annex the subject property and to rezone the subject property from
General Commercial (CG) (palm Beach County) to Community Commercial (C-3).The
annexation and rezoning requests were approved by the City Commission on October 17, 2006.
Should you have any questions regarding this matter, please contact this office at
(561) 742-6260.
Sincerely,
L~
Michael W. Rumpf
Director of Planning & Zoning
MWRjdc
Ene. Ordinance No. 06-081 and 06-083
S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\ApprovaJ Letter ANEX and LUAR.doc
1 . ORDINANCE NO. 06- oe3
2
3 AN ORDINANCE OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, REGARDING THE
5 APPLICATION OF DOUG PETERS, AMENDING
6 ORDINANCE 02-013 TO REZONE A PARCEL OF
7 LAND LOCATED AT 3377 NORTH FEDERAL
B HIGHWAY, SOUTH OF TURNER ROAD ON THE
9 EAST SIDE OF FEDERAL HIGHWAY, AS MORE
10 FULLY DESCRIBED HEREIN, FROM GC
11 GENERAL COMMERCIAL (PALM BEACH
12 COUNTY) TO COMMUNITY COMMERCIAL (C-
13 3); PROVIDING FOR CONFLICTS,
14 SEVERABILITY, AND AN EFFECTIVE DATE.
15
16 WHEREAS, the City Commission of the City of Boynton Beach, Florida has
17 adopted Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City;
18 and
19 WHEREAS, Peters 3377 N. Federal Highway, LLC., owner of the property located at
20 3377 North Federal Highway, south of Turner Road on the East side of Federal Highway in
21 Boynton Beach, Florida, as more particularly described herein, has filed a Petition, through
22 its agent, Bradley Miller of Miller Land Planning Consultants, Inc., pursuant to Section 9 of
23 Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
24 purpose of rezoning a parcel of land, said land being more particularly described hereinafter,
25 GC General Commercial (palm Beach County) to Community Commercial (C-3); and
26 WHEREAS, the City Commission conducted a public hearing and heard testimony
27 and received evidence which the Commission finds supports a rezoning for the property
28 hereinafter described; and
2 9 WHEREAS, the City Commission finds that the proposed rezoning is consistent with
30 an amendment to the Land Use which was contemporaneously considered and approved at
S:\CA\Ordinances\Planning\Rezoning\Rezoning. Boynton Bagel.doc
l' the public hearing heretofore referenced; and
2 .1 WHEREAS, the City Commission deems it in the best interests of the inhabitants of
I
3 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth.
4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
5 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
6
Section 1.
The foregoing Whereas clauses are true and correct and incorporated
7 herein by this reference.
8
Section 2.
The following described land located at 3377 North Federal Highway,
9 south of Turner Road on the East side of Federal Highway in the City of Boynton Beach,
10 Florida, as set forth as follows:
11
12 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-
13 WAY, KINGS SUBDIVISION ACCORDING TO THE PLAT
14 THEREOF, AS RECORDED IN PLAT BOOK 20, PAGE 47, OF THE
15 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
16
17 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR
1B LESS
19
2 0 Subject to easements, restrictions, reservations, covenants and
21 rights-of-way of record.
22
23 be and the same is hereby rezoned from GC General Commercial (Palm Beach County) to
24 Community Commercial (C-3). A location map is attached hereto as Exhibit "An and made a
25 part of this Ordinance by reference.
26 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended
27 accordingly.
28
Section 4. All ordinances or parts of ordinances in conflict herewith are hereby
2 9 repealed.
S:\CA\Ordinances\Planning\Rezoning\Rezoning - Boynton BageJ.doc
1 Section 5. Should any section or provision of this Ordinance or any portion thereof
2 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
3 remainder of this Ordinance.
4 Section 6. This ordinance shall become effective immediately upon passage.
5 FIRST READING this ~ day of OeToBeFa. ,2006.
6 SECOND, FINAL READING and PASSAGE this ~ day of OcrroBER. ,2006.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
CITY OF BOYNTON BEACH, FLORIDA
ATTEST:
// ,..~;?;::;~~.
Issioner Ma
It 'C.
Commissioner - M
.~
T
Commissio
-
S:\CA \Ordinances\PJanning\Rezoning\Rezoning - Boynton Bage1.doc
,
( ,. 1,'(
,0
.
t':.:,..1-
NO. 454178
NOTICE OF PUBLIC HEARING
NOTICE OF lAND USE AMENDMENT
NOTICE OF REZONING
.
NOIlCE IS HEREBY GIVEN that the Community Redevelopment Agency
Boord 01 THE CITY OF BOYNTON BEACH, flORIDA, will conduct 0 PUBLIC
HEARING, on Tuesday, Seprember 12, 2006 at 6'30 p.m. in the CITY HAil
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard, to consider
this request submitted by Miller land Planning Consultants, Inc. on behalf of
Peten 3377 N. Federal Highway, 1lC. The City Commission of THE CITY OF
BOYNTON BEACH, FLORIDA, in its dual role as local Planning Agency,
win also hold public hearings to consider this ~uest on Tuesday, October
3, 2006 and Tuesday, October 17, 2006. Each hearing will take place at
7:00 p.m., or as soon thereafter as the agenda permits at the CITY HAll
COMMISSION CHAMBERS, 100 East Boynton Beach Boulevard. The request
is described os follows:
LOCA1ION: 3377 North Federal Highway (southern end of Federal
Highway in Boynton Beach, south of Turner Road)
REQUEST:
REQUEST:
Annex the 5ubject property
Amend the Comprehensive Pion Future land Use Map:
From. CH/5 Commercial High/with uderlaying Medium
Density Re~idential of 5 du/ac (palm Beach Country)
To - local Retail Commercial (lRC)
REQUEST:
Rezone:
From - CG General Commercial (Palm Beach County)
To - Community Commercial (C-3)
PROPOSED USE:
Tokeout re~tourant
LEGAL DESCRIPTION: On file in t+,e Office of Planning and Zoning
- -~..J This request con be viewed between
~J', I - - l: _ t; ~.:.h~~r~:~~~~f~.;~~~dB~~~
r-,4-- ,- I d
__ i:-':~ _- - ,_... "',___r=-"- Panning an Zoning Division, 100
~~ - -, - East Boynton Beach Boulevard.
-~ - ;-~"- ---
-0-,----_
----"--_,.r
......--
-".
All interested partie~ are notified to
appear at said hearings in person
or by attorney and be heard. Any
per~on who decides to appeal
any deci~ion of the Community
Redevelopment Agency Board or
City Commi~~ion with re~pect 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 te~timony
and evidence upon which the
~~c~i
=-1--;"
j
i
,
'~
j
1
.
,
-~~l
'7/: .-
. EXHBrr.A.-"Uyt;"ONIlAGUSlOCJ\llON"""I~":Ar'~
;, ,',
'i ',i
appeal is 10 be based.
The City shall furnish appropriate auxiliary aids and services where necessary
to afford an individual with a disability an equal opportunity to participate
in and en/"oy the benefits of a service, program, or activity conducted by
the City. Pease contact Patricia Tucker (561) 742-6268, at least twenty-four
(24) hours prior to the program or activity in order for the City to reasonably
accommodate your request.
CITY BOYNTON BEACH
PLANNING & ZONING DIVISION
(561) 742-6260
PUBUSH:
The Post
September 2, 2006
September 1 4, 2006
III
(
~
r
PI
G
C
1