O94-47ORDINANCE NO. 094-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE HUNTER'S RUN COMMERCIAL
TRACT (COMMERCIAL PARCEL FRONTING ON
CONGRESS AVENUE, EAST OF THE HUNTER'S RUN
COMMUNITY) 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 HEREINAFTER; SAID LAND
DESIGNATION IS BEING CHANGED FROM OFFICE
COMMERCIAL TO LOCAL RETAIL COMMERCIAL;
PROVIDING FOR CONFLICTS, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, in 1973 the Hunter's Run Commercial Tract 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 has been
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, them Future Land Use Element, recommends the
Office Commercial land use classification for the Hunter's Run
Commercial Tract;
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;
W~EREAS, the procedure for amendment of a Future Land Use
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:
~ 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 TRACT OF LAND LYING IN SECTION 6,
TOWNSHIP 43 SOUTH, RANGE 46 EAST, PALM
BEACH COUNTY, FLORIDA, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 1687.50 FEET OF THE SOUTH
3270.70 FEET OF THE EAST 803 FEET, AND
THE NORTH 111.28 FEET OF THE SOUTH
3381.98 FEET OF THE EAST 423 FEET (LESS
THE EAST 60 FEET FOR CONGRESS AVENUE
RIGHT-OF-WAY) OF THE EAST HALF OF SAID
SECTION 6, TOWNSHIP 43 SOUTH, RANGE 46
EAST.
CONTAINING 29.71 ACRES MORE OR LESS
SUBJECT TO EASEMENTS AND RIGHTS-OF WAY OF
RECORD.
f~ That any maps adopted in accordance with the
Future Land Use Element of said Comprehensive Plan shall be
amended accordingly.
~ Ail ordinances or parts of ordinances in
conflict herewith are hereby repealed.
~u~ 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.
~ The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding this 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
this 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 ,~ day of October, 1994.
SECOND, FINAL READING and PASSAGE this ~
~/WF~~, 1994.
day of
ATTEST:
CITY OF BOY TON BEACH, FLORIDA
Mayor ~
May o r P r~ em/~f /~.~/
Commis S~oner
TM
~oner ~' ~
Ci~ Clerk -
(Corporate Seal)
A: PA8HLU. ORD