LEGAL APPROVAL
The City ofBoynl..on Beach
DEVELOPMENT DEPARTMENT
PLANNING ANO ZONING OMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Rorida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
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www.boynton.beach.org
December 8, 2006
Mr. Bradley Miller
Miller Land Plarming 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 armex the subject property and to rezone the subject property from
General Commercial (CG) (palm Beach County) to Community Commercial (C-3).The
armexation 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
MWR;jdc
Enc. Ordinance No. 06-081 and 06-083
S:\Planning\SHARED\WP\PROJECTS\Boynton Bagels\Approval Letter ANEX and LUAR.doc
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ORDINANCE NO. 06-081
AN ORDINANCE OF THE CITY OF BOYNTON
BEACH, FLORIDA, ANNEXING 0.08+/- ACRES OF
LAND THAT IS CONTIGUOUS TO THE CITY
LIMITS WITHIN PALM BEACH COUNTY AND
THAT WILL, UPON ANNEXATION, CONSTITUTE
A REASONABLY COMPACT ADDITION TO THE
CITY BOUNDARIES; PROVIDING THAT THE
PROPER LAND USE DESIGNATION AND
PROPER ZONING OF THE PROPERTY SHALL BE
REFLECTED IN SEPARATE ORDINANCES TO BE
PASSED SIMULTANEOUSLY HEREWITH;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE; PROVIDING THAT
THIS ORDINANCE SHALL BE FILED WITH THE
CLERK OF THE CIRCUIT COURT OF PALM
BEACH COUNTY, FLORIDA, UPON ADOPTION.
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WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the
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development of an Annexation Program; and
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WHEREAS, the Peters 3377 N. Federal Highway, LLC, owner, by and through its
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agent, Bradley Miller of Miller Land Planning Consultants, Inc., of the property more
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particularly described hereinafter, have heretofore filed a Petition, pursuant to Section 9 of
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Appendix A-Zoning, of the Code of Ordinances, City of Boynton Beach, Florida, for the
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purpose of annexing a certain tract of land consisting of approximately 0.08 +/- acres; and
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WHEREAS, the City of Boynton Beach hereby exercises its option to armex the
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following tract of land as hereinafter described, in accordance with Article I, Section 7 (32)
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of the Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and
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WHEREAS, said tract of land lying and being within Palm Beach County is
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contiguous to the existing city limits of the City of Boynton Beach, and will, upon its
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annexation, constitute a reasonably compact addition to the City boundary.
S:\CA\Ordinances\PJanning\Annexations\Annexation - Boynton Bagels.doc
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section I.
That each and every Whereas clause is true and correct.
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Section 2.
Pursuant to Article I, Section 7 (32) of the Charter of the City of
5 Boynton Beach, Florida and Section 171.044, Florida Statutes the following described
6 unincorporated and contiguous tract of land situated and lying and being in the County of
7 Palm Beach, Florida, to wit:
8 LOT 8, LESS THE WESTERLY 17 FEET FOR ROAD RIGHT-OF-WAY,
9 KINGS SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
10 RECORDED IN PLAT BOOK 20, PAGE 47, OF THE PUBLIC RECORDS OF
11 PALM BEACH COUNTY, FLORIDA.
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13 CONTAINING 3,342 SQUARE FEET OR 0.08 ACRES MORE OR LESS
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15 Subj ect to easements, restrictions, reservations, covenants and rights-of-
16 way of record.
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18 is hereby annexed to the City of Boynton Beach, Florida, and such land so armexed shall be
19 and become part of the City with the same force and effect as though the same had been
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Section3:
That Section 6 and 6(a) of the Charter of the City of Boynton Beach,
22 Florida, is hereby amended to reflect the annexation of said tract ofland more particularly
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Section 4:
That by Ordinances adopted simultaneously herewith, the proper City
25 zoning designation and Land Use category is being determined as contemplated in Section
26 171.1 62(2), Florida Statutes.
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Section 5.
All ordinances or parts of ordinances in conflict herewith are hereby
28 repealed.
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1 Section 6: 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
3 the remainder ofthis Ordinance.
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Section 7:
This Ordinance shall not be passed until the same has been advertised
5 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton
6 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes.
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Section 8.
This ordinance shall become effective immediately upon passage.
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Section 9.
This ordinance, after adoption, shall be filed with the Clerk of the
9 Circuit Court of Palm Beach County, Florida.
FIRST READING this ~ day of OeTa l?lEA... , 2006.
11 SECOND, FINAL READING and PASSAGE this ~ day of Oc..t.lRE.1l. 2006.
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26 ATTEST:
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C lssioner - ack ray
(~t~
Commissioner - MUIr C. erguson
nexations\Anneution ~ Boynton Bagels.doc:
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