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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. -2- 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. -3- 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 -4-