O94-48ORDINANCE NO. 094-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING THE TEXT OF THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN IN
CONNECTION WITH THE HUNTER'S RUN
COMMERCIAL TRACT (COMMERCIAL PARCEL
FRONTING ON SOUTH CONGRESS AVENUE, EAST
OF THE HUNTER'S RUN COMMUNITY) WITHIN
PLANNING AREA 8.H; SAID TEXT AMENDMENT
WILL ALLOW A LOCAL RETAIL COMMERCIAL LAND
USE CLASSIFICATION; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, in 1973 the Hunter's Run Commercial Tract
(a.k.a. Planning Area 8.h) was the subject of a settlement
agreement and final judgement that resolved a zoning dispute by
declaring, in part, the property owner's right to develop the
property in accordance with the zoning classifications as they
existed in 1972 (which was determined to be generally equivalent
to the current C-3 zoning district and Local Retail Commercial
land use classification);
WHEREAS, the City Commission of the City of Boynton Beach,
Florida adopted in 1989 a Comprehensive Plan and as part of said
Plan a Future Land Use Element by Ordinance 89-38 in accordance
with the Local Government Comprehensive Planning Act;
WHEREAS, the Future Land Use Element contains the
Section VIII. Land Use Problems and Opportunities which, in
part, indicates the basis for land use classifications for
selected properties as shown on the Future Land Use Map; and
WHEREAS, the Future Land Use Element, Section VIII.
Land Use Problems and Opportunities, recommends the Office
COmmercial land use classification for Planning Area 8.h.; and
WHEREAS, a summary judgement on June 3, 1994 declared
that Office Commercial land use was inconsistent with the 1973
Stipulated Settlement and Final Judgement, and ordered the City
to comply with its Settlement Agreement and 1973 Final
Judgement; 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'text of the Future Land Use 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:
$~ The portion of the Future Land Use Element
entitled Land Use Problems and Opportunities, Planning Area 8,
Area 8.h is hereby amended by adding the underlined text and by
deleting the words and figures in the struck-through type as
follows:
Lh~-~ will b~ d~m=~d i~ L1l~ lo~-z~ for
bhi~ ~O~L~i~i ~u~b~, M~i~h i~
i~ bt'~ Lou=l R~L~il Co~mu~zui~l l~d
whi~h wall li= ov=z 500 E==L Lo LL=
2 1/2 mil== Lo LL= ~ozLh =~d 1 1/2
LL= oouLh, =~d LL= l=uk of =~
be =~LLploy=d i~'~ LL= d=v=lupm=~,L Of LLis
di~=uL=d li~LLi~. The land use and zonin~
of this parcel shall remain consistent with
~ Stipulation Agreement and Order grantinc
Defendant/Counter Plaintiffs, motion for
p~rtial S~ary Judgment for Declarato~
Relief and Order Denying Plaintiff's Motion
for S~a~ Jud~ent for Declarato~ Relief
in Palm Beach County Case No. CL-91-7257
~ That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
~ Should any section or provision of this
Ordinance or any portion thereof, any paragraph, sentence, or
work be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the remainder of this
Ordinance.
Section 4: Authority is hereby granted to codify said
ordinance.
~ ~e effective date of this Ordinance shall be
the date a final order is issued by the Department of Co--unity
Affairs finding this Text amendment to be in compliance in
accordance with Chapter 163.3184, F.S.,; or the date a final
order is issued by the Administration Commission finding said
amendment to be in compliance in accordance with Chapter
163.3184, F.S. The notice of compliance becomes a final order
21 days following the issuance of the notice of compliance if
during the 21-day period no petitions are filed challenging the
amendment. Once issued, the Notice of Intent shall be attached
hereto as Exhibit "A" and made a part of this ordinance by
reference.
FIRST READING this J day of October, 1994.
SECOND, FINAL READING and PASSAGE this / day of
~Z~~, 1994.
ATTEST:
C~Y~OF B/O~ TON BEACH, FLORIDA
CommiC°mmissm°n~· .......
er
Ci~ Clerk
(Corporate Seal)
Hunter ' sRUn. oral
9/29/94, Rev.10/28/94
10/31/94