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HomeMy WebLinkAboutOrdinance 1989-024 Rezoning 13.66 Acres Milling Property• ORDINANCE NO. 24-89 - 1989 AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A 13.66 ACRE TRACT LOCATED ON MONET ROAD WEST OF THE INTRACOASTAL WATERWAY FROM PALM BEACH COUNTY ZONING DISTRICTS IL INDUSTRIAL AND RS LOW DENSITY RESIDENTIAL TO ZONING DISTRICT C-1 NEIGHBORHOOD COMMERCIAL. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. That certain 13.66 acre tract in the village of North Palm Beach located on Monet Road, West of the Intracoastal Waterway, the legal description of which is attached hereto as Exhibit "A" and by reference made a part hereof, be, and the same is hereby, rezoned from Palm Beach County Zoning District IL and RS to Zoning District C-1 Neighborhood Commercial. Section 2. The declared intention of the owner of said property and the intention of the Village in adopting its Comprehensive Plan as it affects this area is that the property attached hereto as Exhibit "A" be zoned and developed as a PUD (Planned Unit Development), incorporating a mixture of commercial and residential property uses. Accordingly, and in reliance on this representation by the owner of the property, the rezoning described in Section 1 above has been enacted pursuant to Section 171.062, Fla. Stat., which provides that if the Village of North Palm Beach annexed property subject to a County Land Use Plan and County zoning, that said zoning regulations remain in full force and effect until the area is rezoned by the Village to comply with its Comprehensive Plan. Zoning District C-1 is the zoning district most comparable to the prior County Zoning Plan in effect immediately before annexation of the property described in Exhibit "A" to the Village of North Palm Beach. It is the intention, however, of both the Village and the owner of the property that the owner submit a PUD as described above and will not develop the property entirely under a C-1 zoning classification. Accordingly, no development order or building permit application shall be approved by the Village Building Department other than for uses as depicted on site plan attached hereto as exhibit B, Sheet No. 3, prepared by Architectural Design Associates, dated August, 1989, until a PUD has been submitted to the Village of North Palm Beach and approved by the Village Council, generally in accordance with the representations made to the Village Council prior to the enactment of this Ordinance, the annexation of the subject property into the Village and the amendment of the Comprehensive Plan. In the event that within ninety (90) days from date there is no application pending with the Village of North Palm Beach to create a PUD for the property described in Exhibit "A", then the Village Clerk is directed to advise the Village Council of said fact at its first meeting thereafter to enable the Village to undertake steps to rezone this property as R-1 and revise the Comprehensive Plan consistent with R-1, pending final development of a PUD as described above or the uses as depicted in Exhibit B. Section 3. The Village Clerk is hereby directed to cause the official zoning map of the Village to be amended by entering the change set forth above on the official zoning map through crosshatching or other appropriate means, including redraft by an engineer or surveyor, if necessary, together with an asterisk at said property referring to the provisions of this Ordinance for the restrictions of this paragraph. Said asterisk is to be removed upon approval of PUD ordinance as described above. The Mayor and Village Clerk are further directed to sign an entry on the official zoning map as follows: "On the day of 1989, by official action of the Village Council, the following changes were made on the official zoning map: That certain 13.66 acre tract in the Village of North Palm Beach located on Monet Road, West of the Intracoastal Waterway, was changed from Palm Beach County Zoning Districts IL and RS to Zoning District C-1." There shall be a space provided for signature by the Village Mayor, whose signature shall be attested by the Village Clerk. 2 1 1 Section 4. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 14TH DAY OF 5FpTFMRFR , 1969. PLACED ON PUBLIC HEARING THIS 9TH DAY OF NOVEMBER , 1989. PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF NOVFMBER (Village Seal) ATTEST: , 1989. C'% e Village Clerk 8838G/de 79, MAYOR 3 EXHIBIT A UESCR1 1'1'IUN FOUR TRACTS OF LAND IN TIIE SOUTHEAST' QUARTER (S.E.1/4) OF SECTION 5, TOWNSHIP 42 SOU'I'll, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PAITFICULARLY DESCRIBED AS FOLLOWS: 'I'KAC1' 1 T UE EAST HALF (EAST 1/2) OF TIIE SOUTHEAST QUARTER (S.E.1/4) OF THE SOUTHWEST' QUARTER (S.W.1/4) OF THE SOU'T'IIEAS'I' QUARTER (S.E.1/4) 1flS THE SOU'111 60 FEF:I' FOR RIGHT-OF-WAY OF MONET ROAD. . TRACT 2 . '1ME SWIM THREE-QUARTERS (S.3/4) OF 'IUE SOUGH IIALF,(S.1/2) OF 111E SOUT'IIEAST QUARTER (S.E.1/4) OF 'TIE SOU'I'11EAS'I' t111AKTEIi (S.E.1/4) LYING 1.'FS'1' OF '1'IIE WEST RICHT-OF--WAY LINE OF THE INTRACOASTAL WATERWAY LESS '1'IIE SCUM 60 F'EE1' THEREOF FOR RIGIFI'-OF-WAY OF MONEY ROAD. TEAM' 3 A L'ARCEI. OF LAND IN '1'iIE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 42 SOUTII,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST' CORNER OF SECTION 5 AFORESAID; THENCE NOR'I'll 88'06'39" WEST' ALONG 'niE SMITH LINE OF SAID SECTION ('IIIE SUM LINE OF SAID SECTION IS ASSUMED TO HEAR NORM 88'06'39" WEST AND All, 011IEK BEARINGS ARE RELATIVE 'I'IIERETO) A DISTANCE OF 666.5 FEET TO A I'OINI OF INTERSECTION WITH IIIE WESTERLY RIGHT-OF-WAY LINE OF '11IE INTRACOASTAL WATERWAY (AS SHOWN ON AMENDED PLAT SECTION 5, TOWNSHIP 42 SOUTH, RANCE 43 EAST', I'I,A'I' BOOK 17, I'ACE 29, PAIJ•I BEACH COUNTY, FLORIDA); THENCE. NORTH b' 53' 3H' WEST AI,UNG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 45.53 FI•LI' TO 'TIE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE Xl11'INUI: NORM 6'53'38" WEST AIA)NG SAID WESTERLY RIGHT-OF-WAY LINE:, A DISTANCE OF 15.28 'Try TO A POINT OF INTERSECTION WITH '111F, NORTHERLY RICIIT-OF-WAY LINE OF MUNI:T ROAD AS NOW LAID OUT AND IN USE; THENCE NORTH 88'06'39" WEST ALONG SAID NORTHERLY RIGHT-OF-WAY LINE AND PARALLEL WITH TIIE SOUTH L1J4E, OF SAID SECTION 5, A DISTANCE OF 150.00 FEET 110 A POINT; [HENCE SOUTH 1'53'21" WEST DEPARTING FROM SAID NORTHERLY RICIIT-0E-WAY LINE A DISTANCE OF 15.0 FEE' TO A POINT; THENCE SOUTH 88'O6'39" EAST, PARALLEL WITH THE SOIJTII LINE OF SAID SECTION 5, A DISTANCE OF 152.32 FEET TO THE POINT OF BEGINNING. TRACT 4 '1'IIE EAST ONE-HALF OF 'I'11E WEST ONE-HALF OF '1'liE SOUTHEAST' ONE--''JARTEK UI l'IIE SUU'1'IIWEST ONE -QUARTER OF THE SOUEl1EAS'F Ot(' QUAR'l'EK or SEC 'UN 5, TOWNSHIP 42 SOU'lll, RANGE 43 EAST. CONTAINING IN ALL 13.66 ACRES, MORE OR LESS. SUBJECT TO RIGHTS -OF -WAY, EASI79EN'I'S AND OTHER MATTERS OF RECORD. AND THE 60 FOOT RIGHT-OF-WAY OF MONET ROAD LYING WEST OF THE WEST RIGHT-OF- WAY LINE OF THE INTRACOASTAL WATERWAY AND LYING EAST OF THE EAST RIGHT-OF-WAY LINE AT PROSPERITY FARMS ROAD AS LAID OUT AND IN USE. 1 R'll 1111 REVISIONS 1 ' BY • PARCEL C �1 �� 4,.. al) ".W vas• TENNANT PARKING BELOW Ly/ DUMPSTER K" �i\ 4 -4e, `' 7 -4v ,F cri./445-44 --LAVATORIES LAUNDRY o) OFFICES SIPS SIUNT BOAT STORAGE OPERATIONS a - I 1—• LIFT MAT r' DUMPS' EH In, ,r2)--_ I tiff)511,M,- y 11 EXISTING 75 SLIP MARINA v ' , °"' i3 3 t� rQ �^ or 'LW '«._`;fir ' PARCEL A / �0I f--T- Q 1 I I O 1 1 l r SITE PLAN PARKNQ STATISTICS PARCEL A 8000 S0.7. (2 STORY) PARCH. Bp300 SOFT. (''STORY) PARCEL C 150 BOAT STORAGE It 12 MARINA '5 BOATS @ 12 * COMMEC3AL 6500 SO. FT. EXISTING FUEL AREA MARNA OPERATIONS LAVATORES`A VENDING REQUIRED 62 50 38 43 246 SHOWN 53 o 138 DRAWN CHECKED GATE AJ el / 69 SCALE JOS NO. 0 a� 4g 1 k 24I.C. MARINA WERATIONS OF SHEETS