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O89-30ORDINANCE NO. 89- 30 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE NO. 80-19 OF SAID CITY BY ZONING A CERTAIN PARCEL OF LAND WITHIN THE CITY OF BOYNTON BEACH, FLORIDA FROM PUD (PLANNED UNIT DEVELOPMENT) WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO PUD (PLANNED UNIT DEVELOPMENT) CITY OF BOYNTON BEACH, WITH A LAND USE INTENSITY OF 4.0 (PUD LUI = 4) TO ALLOW FOR SUBSTANTIAL CHANGES TO THE APPROVED MASTER PLAN, INCLUDING THE ELIMINATION OF A PROPOSED FIVE (5) ACRE PUBLIC PARK, SAID PARCEL BEING LOCATED IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION EIGHTEEN (18), TOWNSHIP FORTY-FIVE (45) SOUTH, RANGE FORTY-THREE (43) EAST, BEING MORE PARTICULARLY DESCRIBED HEREIN; AMENDING THE REVISED ZONING MAP ACCORDINGLY; PROVIDING THAT ALL DEVELOPMENT OF SAID PROPERTY SHALL PROCEED IN STRICT COMPLIANCE WITH THE DEVELOPMENT PLANS AS SUBMITTED AND APPROVED AND ALL CABLE ORDINANCES OF THE CITY OF BEACH, FLORIDA; PROVIDING A CONFLICTS CLAUSE; A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the City Commission of the City of Boynton Beach, Florida, has heretofore adopted Ordinance~o. 80-19 in which a Revised Zoning Map was adopted for said City; and WHEREAS, Roger Saberson, agent for Boynton Nurseries (Citrus Park), has heretofore filed a Petition with the City of Boynton Beach, Florida, pursuant to Section 9 of Appendix A - Zoning of the Code of Ordinances, Cit¥-~ o~Boynton Beach, Florida, for the purpose of rezoning a certain parcel of land consisting of approximately 28.82 acres (~) located within the municipal limits of said City, said property being more particularly described hereinafter, from PUD with a Land Use Intensity of 4 (PUD LUI 4) to PUD with a Land Use Intensity of 4 (PUD LUI 4), to allow for substantial changes to the approved master plan, including the elimination of a proposed five (5) acre public park; and WHEREAS the City Commission deems it advisable to amend the aforesaid Revised Zoning Map as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF ~ CITY OF BOYNTON BEACH, FLORIDA: Section 1: That the following described land, located in ~he City of Boynton Beach, Florida, to wit: The northwest quarter (NW 1/4) of the southwest quarter northwest quarter northeast quarter southwest quarter northwest quarter northwest quarter southeast quarter (SW 1/4) of the (NW 1/4); and the (NE 1/4) of the (SW 1/4) of the (NW 1/4); and the (NW 1/4) of the (SE 1/4) of the northwest quarter (NW 1/4) of Section eighteen (18), .township forty-five (45) south, range forty-three (43) east, Palm Beach County, Florida. Subject to restrictions, reservations, limitations, conditions, easements and agreements of record. Containing 28.82 acres, more or less. Together with that portion of Lawrence Road Right-of-Way abutting the west property line of the subject property )e and the same is hereby rezoned from Planned Unit )evelopment with a Land Use Intensity of 4 (PUD LUI 4), to ?lanned Unit Development with a Land Use Intensity of 4 (PUD LUI 4), to allow for substantial changes to the approved master plan, including the elimination of a proposed five (5) acre public park, which intensity is determined to be appropriate under the circumstances represented to the City in said application and in conformity with the Comprehensive Plan of the City of Boynton Beach, Florida. Section 2: That the aforesaid Revised Zoning Map of the City shall be amended accordingly. Section 3: That the application of the owners and agents of the subject property for rezoning is hereby granted for the purpose of permitting the development of said land as a Planned Unit Development (PUD) as set forth in the application specifically in accordance with staff comments attached hereto as "A", however, not withstanding any staff to the contrary, the following shall apply to this Private streets are hereby approved. The only access required between this project and Citrus Glen is via an easement twenty (20') feet in width to be used only for emergency and pedestrian access. Section 4: Ail ordinances or parts of ordinances in ~onflict herewith are hereby repealed. Section 5: Should any section or provision of this Drdinance or any portion thereof be declared by a court of ~ompetent jurisdiction to be invalid, such decision shall not ~ffect the remainder of this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this 5th day of September, 1989. SECOND, FINAL READING and PASSAGE this 19th day of ~eptember, 1989. ATTEST: Cit~ ~rk (Corporate Seal) FLORIDA MEMORANDUM June 21, 1989 -TO: THRU: THRU: FROM: SUBJECT: James J. Golden, Senior City Planner Carmen S. Annunziato, Planning Director Peter L. Cheney, City Manager~? i ._ Raymond Rea, City Attorney Citrus Park (f/k/a Citrus Glen II) Please be advised that I have reviewed the legal documentation for the above-referenced rezoning request, and have determined that this proposal meets the requirements for unified control, as outlined in Section 6 of Appendix B, Planned Unit Developments of the Code of Ordinances. If you have any questions, please advise. Raymond Rea City Attorney RR:lat attachments cc: Central File RECEIVED pLANi~Im~ DF.,P~'~ ~ MEMORANDUM TO: FROM: DATE: RE: Carmen Annunziato Planning Director Kevin Hallahan Forester/Horticulturist June 23, 1989 Citrus Park P.U.D. - Rezoning The applicant should submit a tree survey and Tree Management Plan, prior to the preliminary plat approval according to Section 3.2.7.2.2, 33 and Ordinance ~81-21. Kevin J. ~allahan Forester/Horticulturist KJH:ad A:CITRUSZ MEMORANDUM Mr. James Golden Lt. Dale S. Hammack July 3, 1989 Citrus Park(Citrus Glen II) Per our discussion at the Technical Review Boar~ meeting of June 29, 1989, I am recommending the following. Access from Citrus Park to Citrus Glen to be provided. While a public right of way is the best solution, the minima], acceptable emergency access would be an area connecting streets within the two developments, using open pavers ~ a surface' (Public Safety). 2. Disclaimer on damage to fences or gates on emergency right of way (Public Safety). DSH: tm ])ale S. Hammack MEMORANDUM Planning Department Boynton Beach Fire Department July 5, 1989 TRB - Citrus Park PUD Master Plan Change The Fire Department prefers public street connections to and through this development. The proposed alternative accesss from Citrus Glen via 20' easement with paver block on compact subgrade is acceptable. xc: Chief Allen Deputy Chief Crockett FPO Cavanaugh CITY of BOYNTON BEACH 100 E. Boynton Beach Blvd. P. O. Box 310 Boynton Beach, Florida 33435-0310 (407) 734-8111 CERTIFICATION I, BETTY S. BORO~I, City Clerk of the City of Boynton Beach, Florida, do hereby certify that the attached is a true and correct copy of Ordinance No. 89-30, together with four pages of attachments, as it appears in the records Of the City of Boynton Beach, Florida. Betty S. Boroni, City Clerk September 26, 1989 (SEAL)