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O94-54ORDINANCE NO. 094-~z AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EPSTEIN (A.K.A. SAUSALITO GROVES) PROPERTY (NORTHWEST CORNER OF LAWRENCE ROAD AND GATEWAY BOULEVARD) 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 HIGH RESIDENTIAL 8 TO MODERATE DENSITY RESIDENTIAL; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted a Comprehensive Future Land Use Plan and as part of said Plan a Future Land Use Element by Ordinance No. 89-38 in accordance with the Local Government Comprehensive Planning Act; and WHEREAS, certain tracts of land more particularly described hereinafter are being annexed by the City in accordance with the application completed by the City for the owner of the following property, pursuant to the Annexation Program, by Ordinance being adopted simultaneously herewith; and WHEREAS, 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 Moderate Density Residential. Said land is more particularly described as follows: Tracus "A" and "B", Sausalito Groves, Plat Book 60, Page 44. Less South 4.30 feet for Road R/W. Containing 31.34 acres more or less, and subject to easemenus, reservations or R/W of record. Together with Lawrence Road R/W abutting east thereof and Gateway Boulevard R/W abutting South ~ 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 ~ Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. ~ 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 December, 1994. SECOND, FINAL READING and PASSAGE this ~ day of , ATTEST: ~ BO~Y~.TON BEACH, FLORIDA May V~ic~Mayor Mayor Pro Commis ' .~r - (Corporate Seal) THE CITY OF BOYNTON BEACH, FLORIDA, REGARDING THE EPSTEIN (A.K.A SAUSALITO GROVES) PROPERTY (NORTHWEST CORNER OF J~~ROAD AND GATEWAY BOULEVARD) ~XI_N_G__ CE~T_ AIN UNINCORPORATED TRACTS OF .~gmf~,bQ---~ T----~'ARE CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH COUNTY AND THAT WILL, UPON 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, CC~DIFICATION 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. WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the development of an Annexation Program; WHEREAS, the City of Boynton Beach, through the Annexation Program, has identified adjacent properties that are-the subjects of agreements City; WHEREAS, said agreements considered voluntary petitions for water service with the for water service are also 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; WHEREAS, the City of Boynton Beach hereby exercises its option to annex the following tracts of land as hereinafter described, in accordance with Article i, Section 7 (32) of ~h_= Charter of the City and Section 171.044, and 171.062(2) Florida Statutes: and WHEREAS, said tracts of land lying and being within Palm Beach County are 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 ANNEXATION ORDINANCE ~094-53 PALM BEACH COUN'fY PROPERTY CONTROL f~ 00-42-45-13-07-001-0000 & fJ 00-42-45-13-07-002-0000 SITE NOTICE OF MUNICIPAL ANNEXATION 677 FROM: City of Boynton Beach, Florida Please be advised by this 'notification and attached location map, that train lands have been annexed by BOYNTON BEACH, Florida. Information ntained herein is pertinent to the area in question. If additional te~ial is required, please contact the office of: THE CITY PLANNER. Name of Development/Owner: SAUSALITO GROVES (A.K.A. EPSTEIN PROPERTY) Ordinance # 94m53 or Special Act of Stake Legislaturel Bill # Effective Date= JANUARY 3~ 1995 Area of Subject Property: 31.34 Estimated Present Population~ 0 Estimated Number of Existing Dwelling Unitsl Estimated Present Residential Density: Zoning: PUD - Planned Unit _ Density Allowed: Development Sq. Ft. 31.34 Acres N/A 7.26 , d.u.'s/acre d.u.'s/acre JiLsting Type of Development: . Vacant (Annexation Agreement with City to pprove County-approved plan for propet~y. Plan is for 164 townhouse units) Proposed Type of Development: See note above regarding annexation agreement. __*Owner or Petitioner ,. All city Departments , All Utility Companies __Chamber of Commerce ,, .Bureau of Census *Clerk of" ..... ~" Circuit CoUrt to receive copy o~ ordinance Attachment Lo=ation Map *County Comn~ssioners *County Planning, Bldg, Zoning __*Area Planning ~oard __*Countywide Planning Council ,,, *County Tax Assessor __*S~cretary of Sta~e *Supervisor of Registration *State Beverage Department __*State Department of Transportation