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O79-05ORDINAl]CE NO. 79- ~ A~N ORDINANCE OF %HE CITY OF BO?BYION BEACH, FLORIDA, AMENDING ORDINANCE NO. 75-19 OF SAID CITY BY RE- ZONING A CERTAIN PARCEL OF 1AND lOCATED IN PLAT OF SEAWAY TERRACE, PLAT BOOK 25, PAGE 127, PUBLIC REO3RDS OF PAhM BEACH O3UNTY, FLORIDA, MORE PARTICU- IARLY DESCRIBED H~tE~, FROM R-2 TO P~ UNIT DEVElOPMENT (PUD) DISTRICT WITH l~2qD USE IN- ~ITY (LUI) OF 5.00, PROVIDING FOR SAVINGS CLAUSE, REPEAT.TNG PROVISION, JAN EFFECTIVE DATE JAND FOR O~4E~ PURPOSES. WHEREAi.q, the City Council of the City of Boynton Beach, Florida, has heretofore adopted Ordinance No. 75-19 in v~zich a Revised Zoning }~p was adopted for said City; and t~{EREAS, FRANK G. MENDOZA has heretofore filed an application 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 approximately 5.92 acres located within the Fmmicipal limits of said City, said property being more particularly described herein- after, from Zone R-2 to Planned Unit Development (Phi)) District as more par- ticularly set forth in said application and plans and specifications relative thereto, including the' proposed development plan of SEAWAY VILLAS, all of which items are now on file in the office of the City Planner; and NHEREAS, the Planning and Zoning Board of the City of Boynton Beach, Florida, has heretofore approved said development plans and specifications and has recc~mended approval thereof by the City Council subject to certain conditions; and WHERF_~, the City Council deems it to be in the best interests of the inhabitants of the said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY %liE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land located in the City of Boynton Beach, Florida: Ail lands encompassed within the boundaries of the Plat of Seaway Terrace, Boynton Beach, Florida, less Lots 7 thru 11 and less Lots 19 thru 24, inclusive, Block 3, according to the Plat thereof recorded among the Public Records of Palm Beach County, Florida, at Plat Book 23, Page 127. Containing 5.92 acres, more or less, be and the same is hereby rezoned fr~n R-2 to Planned Unit Development (PUD) with a Land Use Intensity of 5~00, which intensity is determined to be appropriate under the circumstances represented to the City in the said appli- cation and is in conformity with the ComprehenSive Plan of the City of Boynton Beach, Florida. Section 2: The aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3. That the application of FRAblK G. I~NDOZA, 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 specifications therefore now on file in the office of the City Planner in the City of Boynton Beach, Florida, and all requirements, terms, and con- ditions established and set forth in minutes of ~nicipal Planniog 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 proceed in strict accordance with all ordinances of the City of Boynton Beach, including, bUt not limited to, its building, electrical, plumbings subdivision, planning and zoning codes, and all rules and regulations of the State of FIorida Department of Environm~_ntal Regulatiom~ ~ In satisfaction of the recreational' dedication req~remmnts 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 Subdi~sion and Platting Rmgolations, for up to .38 acres of the .76 acre re- quirement ~ Section 4. That should any secti~or provision of this Ordinance or any portion thereof be declared by a Court of competent j~dsdiction to be invalid, such decision shall not effect the remainder of this Ordinance. Section 5. Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. -2- Section 6~ its passage. This Ordinance Shall bec°me effective innmdiately upon FIRST READING this 20th day of February, 1979. SECXAD, FINAL READING and PASSAGE this 6th day of March, 1979. CITY OF BOYNTON BEACH, FLORIDA Mayor ~ Council Member- CoUncil Member Corp. Seal -3-