O94-32ORDINANCE NO. 094-,~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
REGARDING THE PALM BEACH GROVES PROPERTY
(WEST SIDE OF LAWRENCE ROAD, BEGINNING
APPROXIMATELY 1,300 FEET SOUTH OF
HYPOLUXO ROAD) ANNEXING A CERTAIN
UNINCORPORATED TRACT OF LAND THAT IS
CONTIGUOUS TO THE CITY LIMITS WITHIN PALM
BEACH COUNTY AND THAT WILL, UPON ITS
ANNEXATION, CONSTITUTE A REASONABLY
COMPACT ADDITION TO THE CITY TERRITORY,
PURSUANT TO A PETITION OF THE OWNER OF
SAID TRACT OF LAND, REQUESTING ANNEXATION
PURSUANT TO ARTICLE I, SECTION 7 (32) OF
THE CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND SECTIONS 171.044, AND
171.062(2), FLORIDA STATUTES; PROVIDING
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, CODIFICATION
AND AN EFFECTIVE DATE; PROVIDING FOR
ADVERTISING; PROVIDING THAT THIS
ORDINANCE SHALL BE FILED' WITH THE CLERK
OF THE CIRCUIT COURT OF PALM BEACH
COUNTY, FLORIDA, UPON ADOPTION.
W~ER~AS, the Comprehensive Plan for the City of Boynton
Beach requires the development of an Annexation Program;
WHW-Pd~AS, the City of Boynton Beach, through the
Annexation Program, has identified adjacent properties that
are the subjects of agreements for water service with the
City;
W~.R~AS, said agreements for water service are also
considered voluntary petitions for annexation pursuant to
Florida. Statutes, which can be executed by the City of Boynton
Beach at any time such properties are eligible for annexation
according to Florida Statutes;
W~.R~AS, the City of Boynton Beach hereby exercises its
option to annex the following tract of land as hereinafter
described, in accordance with Article I, Section 7 (32) of the
Charter of the City and Section 171. 044, and 171. 062 (2)
Florida Statutes: and
W~.R~AS, said tract of land lying and being within Palm
Beach County is contiguous to the existing City limits of the
City of Boynton Beach, Florida and will, upon its annexation,
constitute a reasonably compact addition to the City
territory.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CiTY OF BOYNTON BEACH, FLORIDA, THAT:
E~ection 1: Pursuant to Article I, Section 7 (32) of the
Charter of the City of Boynton Beach, Florida and Section
171. 044, Florida Statutes, the following described
unincorporated and contiguous tract of land situated and lying
and being in the County of Palm Beach, Florida, to wit:
The East 643.18 feet, as measured at
right angles to the East line thereof, of
Tracts 9 and 16, Northeast 1/4 of Section
12, Township 45 South, Range 42 East,
Mary A. Lyman et al, as recorded in Plat
Book 9, at page 74 according to the
Public Records of Palm Beach County,
Florida. Except any and all legal
rights-of-way, Easements or Reservations
of Record.
Containing 19.77 acres more or less.
Together with L.W.D.D. L-19 Canal R/W
adjacent South of property.
PC# 00-42-45-12-02-009-0020
is hereby annexed to the City of Boynton Beach, Florida, and
such land so annexed shall be and become part of the City with
the same force and effect as though the same had been
originally incorporated in the territorial boundaries thereof.
~ That Section 6 and 6(a) of the Charter of the
City of Boynton Beach, Florida, is hereby amended to reflect
the annexation of said tract of land more particularly
described in Section 1 of this Ordinance.
~ That by Ordinances adopted simultaneously
herewith, Li~ ~~ CiLy ~i~y d~=iy~Lio~ ~d L~d U~
171.G6.2{2) Florid= SL=LuL=i
and Land Use cateoo~ is b,
City has determined that
public.that upon receipt
~. a certain City zoninq desiqnation
~inq adopted, provided however, th~
it is in the best interest of th~
~)f written notice from the property
owner, the City will i~
use plan amendment for lo~
to R1AAB all as contempl~
~ All ord
conflict herewith are her~
~ Should
Ordinance or any portion
competent jurisdiction to
affect the remainder of tl
~ This Ordi
~ediately proceed to process a land
density residential and a rezonino
~ted in Section 171.062(2) Florid~
inances or parts of ordinances in
~by repealed.
any section or provision of this
thereof be declared by a court of
)e invalid, such decision shall not
~is Ordinance.
~ance shall not be passed until the
same has been advertised for two (2) consecutive weeks in a
newspaper of general circulation in the City of Boynton Beach,
Florida~ as required by the City Charter and Section 171.044,
Florida Statutes.
~ The effective date of this Ordinance shall be
the date a final order is issued by the Department of
Community Affairs finding the corresponding amendment to the
Comprehensive Plan 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 the corresponding
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 corresponding Plan amendment. Once issued, the Notice of
Intent shall be attached hereto as Exhibit "A" and made a part
of this ordinance by reference.
~ Specific authority is hereby given to codify
this Ordinance.
~ This Ordinance, after adoption, shall be
filed with the Clerk of the Circuit Court of Palm Beach
County, Florida.
FIRST READING this ,~T day of October, 1994.
SECOND, FINAL READING and PASSAGE this /~
~r~ , 1994.
ATTEST:
City Clerk
(Corporate Seal
day of
- V±~,~ Mayor
Mayor Pro ~//~/
A: P BG ROAX. ORD
F'~TICE OF ANNE~?~ION
CHANGE IN LAND bSE
CHANGE IN ZONING
_I'WPOLUXO ROAD j
, LAND USE ~,~
AMENIIMENTS AND
~ONINGS
L.W,D.D. calla& I.,-'19
LW~.
APPLICATION #3
· C-16
APPLICATION # 1
APPLICATION #2
CITY
LIMITS---~
#4
#1 PAl/vi BEACH C4DOVES
#2 KNOLLI4~OD GROVES
#3 SAUSALITO GROVES
PC# 00-42-45-12-02-009-0020
PC# 00-42-45-13-00-000-1130
PC# 00-42-45-13-07-002-0000' )
PC# 00-42-45-13-07-001-0000 )
~HF_A_P/~.~DI-m~_~T._Tt{~A3g PC# 00-4-3-45-19-05-054-0010
PLAZA 1 PC# 00-43-45-30-01-009-0020
TABLED
TABLED
Boynton Beach
Boynton Beach, Florida 33425-0310
City HoIl.. (4o7) 37s-~000
FAX: (407) 375-6090
CERTIFICATION
I, SUZANNE M. KRUSE, CITY CLERK of the City of Boynton Beach, Florida, do
hereby certify that the attacheo Ordinance No. 094-32, consisting of three {3}
pages is a true and correct copy as it appears in the records of the City of
Boynton Beach, FL.
"SOZA~fNE M. KRUSE, CMC/-AAE
CITY CLERK
OCTOBER 25, 1994
jmp
B/certi fy
NOTICE OF
MUNICIPAL ANNEXATION
FROM:
City of Boynton Beach,
Florida
Please be advised by this notification and attached location map, that
..... ertain lands have been annexed by BOYNTON BEACH, Florida. Information
ontained herein is pertinent to the area in question. If additional
__ aterial is required, please contact the office of:
THE CITY PLANNER.
Name of Development/Owner: PALM BEACH GROVES
ordinance # 094-32 or Special Act of State Legislaturet
Effective Date: OCTOBER 18,1994
Bill #
Area of Subject Property: ~;.;'; ..... Sq. Ft... 19.77
Estimated Present Population~ 0
Estimated N~mber of Existing Dwelling Units: 0
Estimated Present Residential Density: .. N/A
Zoning: AG AGRICULTURE;'~,~L_ Density Allowed~ 1 du/2o5 acres
.... xisting Type of Deve!opment~
CITRUS GROVES .AND MARKET
Proposed Type of Development:
N/A
Acres
d.u.'s/acre
d.'u.'s/acre
__*Owner or Petitioner
All City Departments
All Utility Comp~nies
Chamber of Commerce
Bureau of Census
*Clerk of County Circuit Court
to receive copy oF ordinance
Attachment Location Map
*County Com~ssioners
*County Planning, Bldg, Zoning
*Area Planning ~oard
*Count1~ide Planning Council
*County Tax Assessor
~*Secretary of State
*Supervisor of Registration
__*State Beverage Department
*State Department of
Transportation