O79-34ORDINANCE NO. 79-~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, AMENDING ORDINANCE NO. 75-19 OF
SAID CITY BY REZONING A CERTAIN PARCEL OF
LAND LOCATED IN TOt~SHIP 45 SOUTH, RANGE
43 EAST, PLAT BOOK 24, PAGE 28, PUBLIC
RECORDS OF P~ BEACH COUNTY, FLORIDA,
MORE PART!CULARLYiDESCR!BED HEREINAFTER,
FROM C-3 TO PLANNED UNIT DEVELOPMENT (PUD)
DISTRICT WITH LAND USE INTENSITY (LUI) OF
5.00~ PROVIDING FOR SAVINGS CLAUSe, RE-
PEALING PROVISION, AN EFFECTIVE DATE AND
FOR OTHER PUP_POSES.
W~IEREAS, the City Council of the City of Bovnton Beach,
Florida, has heretofore adopted Ordinance No~ 75-19 in which a
Revised Zoning Map was adopted for said City; and
WHEREAS, LAS PALM, S VENTURES, MR~ FERNANDEZ, AGENT, has
heretofore filed an aoplication with the City of Boynton Beach,
Florida, pursuant to Section 31-1 of the Codified Ordinances
of said City, for the purpose of obtaining rezoning of certain
property consisting of aoproximately 30.4 acres located within
the Municioal limits of said City~ said property being more
particularly described h~reinafter, from Zone C-3 to Planned
Unit Development (PUD) District as more particularly set forth
in said application and o!ans and specifications relative thereto
including the proposed development plan of Billamar Villas, all
of which items are 'now on file in the offiCe of the City Planner;
and
I~HEREAS, the Planning and Zoning Board of the City of
Boynton Beach~ Florida~ has heretofore approved said development
plans and specifications and has recommended approval thereof
by the City-Council subject to certain conditions; and
WHEREAS, the City Council deems it to be in the best
interests of the inhabitants of the said City to amend the afore-
said Revised Zoning Map as hereinafter set forth~
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That the following described land located in
the City of Boynton Beach, Florida:
A certain parcel of land lying in Section
15, TownShip 45 South, Range 43 East, Palm
Beach County, Florida. Comprised of the
following t~ree tracts:
Ail of Lot ]
12~ Amended
in Plat Boo}
Palm B'each
That part oS
Sam Brown J~
in Plat Boo~
County, Flo~
erly right-¢
Railway and
15 and also
Beginning at
Northwest Q~
45 South, RE
Florida; the
West line o~
distance of
Southerly rJ
then runnin
right-of-wa
an angle wi
88o13'30'' tt
distance of
Westerly rig
East Coast ~
along the We
railway; the
Westerly rig
an angle wit
82°45"50'' t~
tance of 12~
Southerly ii
said Sectio~
Southerly If
said Section
be and the same is hez
Development (PUD) witl
intensity is determine
stances represented tc
is in conformity with
Boynton Beach, Florids
Section 2: The a
· through Lot 12, inclusive, Block
Plat o~ Boynton Ridge, recorded
24, Page 28, Public Records of
ounty, Florida.
Lot 2 and Lot 34, as shown on
.~s Hvooluxo Subdivision recorded
' ~ Page 81, records of Palm Beach
ii~=, and lying between the West-
,f-way of the Florida East Coast
the Westerly line of said. Section
the following described Tract.
the Southwest corner of the
after of Section 15, Township
~nge 43 East, Palm Beach County,-
n running Northerly along the
said Northwest 0uarter, a
1253.98 feet to a ooint in the
~ght-of-way of N.E. 26th Avenue;
Easterly along the Southerly
~ of N.E. 26th Avenue making
h the preceding course of
rned from South to East, a
933~38 feet to a point in the
ht-of-way line of the Florida
~ailwmy; thence running Southerly
sterlv right-of-way of said
nce running Southerly along the
ht-of-way of said railway making
h the preceding course of
rned from West to South~ a dis-
0.93 feet to a point in the
ne of the Northwest Quarter of
15; then Westerly along the
ne of the Northwest Ouarter of
15 to the Point of Beginning
eby rezoned from C-3 to Planned Unit
a Land Use Intensity of 5.00, which
d to be appropriate under the circum-
the City in the said application and
the ComDrehensive Plan of the City of
foresaid Revised Zoning Map of the City
shall be amended accordingly.
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Section 3: That the application of LAS PALMAS VENTURES,
MR. FERNANDEZ, AGENT, owner of the above described tract of land,
for rezoning of subject tract is hereby granted for the purpose
of permitting the development of said land as a Planned Unit
Development (PUD) in specific accordance with development plans
and soecifications therefore now on file in the office of the
City Planner in the City of Boynton Beach, Florida, and all
requirements, terms and conditions established and set forth in
minutes of Municipal Planning and Zoning Board and the City
Council of the City of Boynton Beach pertaining to the review
and approval of said application which minutes are hereby made
a part hereof for reference.
Except as provided herein~ the applicant shall oroceed in
strict accordance with all ordinances of the City of Boynton
Beach, including, but not limited to, its building, electrical,
plumbing, subdivision, planning and zoning codes, and all rules
and regulations of the State of Florida Department of Environ-
mental Regulation. In satisfaction of the recreational dedication
requirements of the City ordinances, the applicant may pay a
fee, in lieu of land, pursuant to Section 8(B)(5) of Article IX
of the City Subdivision and Platting Regulations, for up to 1.824
acres of the 3.648 acre requirement.
Section 4: Th~ developer, LAS PALMAS VENTURES shall con-
tribute, an equivalent of ~4 of 1% of the selling price or com-
mensurate value of each~residential dwelling unit~ in the
Planned Unit Development (~UD)~ to the School Board of Palm
Beach County.
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Section 5. That 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.
Section 6. Ail ordinances or parts of ordinances in con-
flict herewith are hereby repealed.
Section 7. This Ordinance shall become effective immediately
upon its passage.
FIRST READING this ~/ day of__~
SECOND, FINAL READING and PASSAGE this
1979.
, 1979.
day of ~
CITY OF BOYNTON BEACH, FLORIDA
Mayor
V± fie~.~ayor~ ......
ATTEST:
C' ty lerk ~ '
Corp. Seal
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