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LEGAL APPROVAL ~ ORDINANCE NO. 80- e f\j 1 . .' .: I' j I " " I; .j AN ORDINANCE OF THE CITY OF BOYNTON BEACH~ FLORIDA, AMENDING ORDINANCE NO. 75-19 OF SAID CITY BY REZONING A CERTAIN PARCEL OF ~ ~ -;IN SECTION l7, ,TOWNSHIP 45 SOUTH RANGE 43 EAST, MORE PARTICULARLY DESCRIBED HEREAFTER FROM R-l-AAA TO PLAl~NED UNIT DEVELOPMENT (P.ll.D.) WITH LAND USE INTENSITY (LUI) OF 3.6, PROVIDING FOR A SAVINGS CLAUSE, REPEALING PROVISION, AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the City Council of the, City of Boynton Beach~ ;: Florida, has heretofore adopted Ordinance No. 75-19 in which a .\ ;, Revised Zoning Map was adopted for said City; and WHEREAS, DOS LAGOS and MAX AMBACH, JOHN W. EWSEYCHIK, AGENT,; i: has heretofore. filed a Petition with the City of Boynton Beach. 1,1 i: Florida, pursuant to Section 31-1 of the Cod~f~ed Ord~nances of :i said City. for the purpose of rezoning certa~n. proper~y consisting I 1 . of approximately 95 acres located within the municipal limits of , ' said City, said property being more particularly described herein- after, from R-l-AAA to Planned Unit Development (PUD) District , as more particularly set forth in said application and plans and specifications relative thereto, all of which items are now on file in the office of the City Planner; and WHEREAS, 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 .. I !, 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: I I I __.1.. i I \, II J, i " , 1 t: i. Ii Commence at the Northwest corner of said section 17; 'I thence Easterly along the North line of said Section lJ 17, a distance of 50.04 feet to the point of beginning i; _ of the parcel to be herein described; thence continue- ',!l Easterly along the said North line of said Section 17, a distance of 1748.90 feet to the centerline of the II: Lake Worth Drainage District Equalizer Canal E-4; r . thence Southerly along the said centerline of the , Lake Worth Drainage District Canal. E-4, a distance :; of 1979.10 feet to a point of curvature of a curve !! concave to the Northwest, said curve having a i' radius of 6500.0 feet and a central angle of 3028' I, 30"; thence Southerly along the arc of the aforesaid :, curve a distance of 394.23 feet to a point; thence , 'I:: Southerly 12035' 00" West along a line tangent to the aforesaid curve a distance of 302.42 feet to a point : in the East-West Quarter Section line of said Section ;: 17; thence South 89008149" West along said East-West i !' Quarter Section line a distance of 1375.81 feet; thence Ii North 1044'39" East a distance of 2636.07' feet to i: i: the point of beginning llbe and the same is hereby rezoned from R-l-AAA to Planned Unit " I: Development (PUD) with a' Land -Use Intensity (LUI) of 3 _ 6 which J; l!intensity is determined to be appropriate under the circumstances l' I represented to the City in said application ' and is in conformity I iwith the Comprehensive Plan of the City of Boynton Beach, Florida. ! " A parcel of land in the Northwest Quarter (NW 1/4) of Section 17, Township 45 South, Range 43 East, being more particularly described as follows: Ii :! shall !' Section 2: The aforesaid Revised Zoning Map of the City be amended accordingly. II I, ' 'I ;. AMBACH, JOHN W. EWSEYCHIK, AGENT, for owner of the above-described r , l: tract of land, for rezoning of subject tract is hereby granted II ffor the purpose of permitting the development of said land as j, ,; ;:a Planned Unit Development (PUD) is specific accordance with ; Section 3: That the application of DOS LAGOS and MAX ;,development plans and specifications the~efore now on file in the " ::office of the City Planner in the City of Boynton Beach, Florida, !l I 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 , i~review and approval of said application which minutes are hereby j: I; made a part hereof for reference. II :: Except as provided herein, the applicant shall proceed in I ; strict accordance with all ordinances of the City of Boynton r I ii I !' ,: " -2- ., . /: r I' ,: I: . . ;:Beach, including, but not limited to, its building, electrical, j; , Ii plumbing, 'subdivisi.on, planning and zoning codes, and all rules II and regulations of the State of Florida Department of Environ- imenta1 Regulation. In satisfaction of the recreation dedication , , r irequirements of the City ordinances, this approval incorporates I' i: the Revised Master Plan of DOS' LAGOS/Planned Unit Development Ii t dated February 12, 1980 which provides an open play area of l; - Ii 2. 3 acres. II jl S' 4 ;; ect1.on . Ii t. 11 Ordinance ~r ~ny portion thereof be declared by a Court_ of Ii ' j; competent jurisdiction to be invalid, sucq decision shall not II ' 'i affect the remainder of this Ordinance. That should any section or provisions of this Section 5. All ordinances or parts of ordinances in con- I i f1ict herewith are hereby repealed. l: Section 6. Ii upon its passage. I ~ l! FIRST READING this .JIg., day of j' I SECOND, FINAL READING and PASSAGE I: !: 1980. jI This Ordinance shall become effective immediate t~~ day , 1980. ~ , of CITY OF BOYNTON BEACH, FLORIDA I' r ~ 1 ;! j: ( I, I ~ I' ,: I I, Ii J, I , I' i BY~~,,\,~& / Mayor (' :'\ I I I, ATTEST: ' I I ,I L)~ i' ~ 1'4.- ;: Ci ty Cl erk )1 Ii Corp, Seal I fl I I I I ~ I " I Ii -3- LEGAL DESCRIPTION: A parcel of land in the Northwest Quarter ( NW 1/4) of Section 17, Township 45 South,Range 43 East,being more particularly described as follows: Commence at the Northwest corne:!, of said Section 17,thence Easterly along the North line of said Section 17,a distance of 50.04 feet to the Point of Beginning of the parcel to be herein described; thence continue Easterly along the said North line of said Section 17,a distance of 1748.90 feet to the center-line of the Lake Worth Drainage District Equalizer Canal E-4jthence Southerly along the said centerline of the Lal:e Worth Drainage District Canal :8-4, a distance of 1979.10 feet to a point of curvature of a curve con- cave to the Northwest s8id curve having a radius of 6500.0 feet and a central angle of 3 28' 30" thence Southerly along the arc. of the aforegaid curve,a distance of 394.23 feet to a pointjthence 3)utherly 12 35' OO"West,along a line tangent to the aforesaid curve,a distance of 302.42 feet to a point in tee East-ITest QUB~ter Section line of said Section 17, thence South 89 08' 4911 i:Jest along said Ea@twest Quarter Section line,a distance of 1375.81 feetjthence ~~orth 1 4lft 39u Eastja distance of 2636.07 feet to the Point of 13eginning. l[ote:this Legal Description prepared by:O'Brien,Suiter ~O'Brian,Inc. Surveyors,Boynton Beach,Florida. ,.' ~Tovember 26,1979. Ivan K.Olsak,P.E. .~~?/l&J I . . ~ ~MORANDUM TO The File DATE 1-22-80 FILE FROM City Planner SUBJ ECT Dos Lagos/PUD/Rezoning & Master Plan The Dos Lagos Planned Unit Development (PUD) rezoning and master plan is recommended for approval subject to the following: 1. The applicant shall be assessed a fair-share contribution of $95,000 or construct improvements to Congress Avenue consistent with Palm Beach County Ordinance #79-7 and Mr. Walker's memorandum of 1/21/80; and, 2. The applicant commence an agreement with the School Board of Palm Beach CountyYtransfer .4 of 1% to the School Board on a sale of a unit, for construction of schools in Boynton Beac(land or its reserve annexation area. LEGAL DESCRIPTION: A parcel of land in the Northwest Quarter ( NW 1/4) of Section 17, Township 45 South,Range 43 East,being more particularly described as follows: Commence at the Northwest corner of said Section 17,thence Easterly along the North line of said Section 17,a distance of 50.04 feet to the Point of Beginning of the parcel to be herein described; thence continue Easterly along the said North line of said Section 17,a distance of 1748.90 feet to the center-line of the Lake Vlorth Drainage District Equalizer Canal E-4ithence Southerly along the said centerline of the Lake Worth Drainage District Canal E-4, a distance of 1979.10 feet to a point of curvature of a curve con- cave to the Northwest s8id curve having a radius of 6500.0 feet and a central angle of 3 28' 30" thence Southerly along the arc. of the aforesaid curve,a distance of 394.23 feet to a point;thence 3:>utherly 12 35' OO"West,along a line tangent to the aforesaid curve,a d~stance o~ 302.4? feet to a point in tge East-~e~t QU8~ter Section l~ne of sald Sectlon 17, thence South 89 08' 49\1 '.Jest along said Ea@twest Quarter Section line,a distance of 1375.81 feet;thence =:orth 1 44' 3911 East;a distance of 2636.07 feet to the Point of :eginning. i{ote:this Legal Description prepared by:O'Brien,Suiter &O'Brian,Inc. Surveyors,Boynton 13each,Florida. ;' ?;ovember 26,1979. Ivan K.Olsak,P.E. /' I:)~" ~, ' ',' d( '. ~J