HomeMy WebLinkAbout2008-12 Rezoning 9249 Alternate A1A•
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ORDINANCE 2008-12
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A 2.62 ACRE PARCEL OF
LAND KNOWN AS "LIVE OAK PLAZA" LOCATED ON THE WEST SIDE
OF ALTERNATE A1A SOUTH OF RICHARD ROAD, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CG ZONING
DISTRICT TO THE VILLAGE C-2 (COMMERCIAL) ZONING DISTRICT;
AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Village has annexed the 2.62 acre parcel of property known as "Live Oak Plaza"
located on the southwest corner of the intersection of Alternate A1A and Richard Road; and
WHEREAS, in accordance with section 171.062, Florida Statutes, the Village must assign its
own zoning designation to the property upon adoption of a comprehensive land use plan
amendment that includes the annexed area; and
WHEREAS, the Village Council, upon receiving and considering the recommendations of the
Planning and Zoning Board, and after public hearing and due consideration, wishes to adopt the
proposed rezoning.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA as follows:
Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein.
Section 2. The Village Council hereby rezones the 2.62 acre parcel of land known as Live
Oak Plaza located on the west side of Alternate Al A south of Richard Road, as more particularly
described in Exhibit "A" attached hereto and incorporated herein, from the County CG Zoning
District to the Village C-2 (Commercial) Zoning District.
Section 3. The Village Council hereby directs Village Administration to ensure that the
Village Official Zoning Map is amended to reflect the rezoning of the Property.
Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance is for
any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not
affect the remainder of this Ordinance.
Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
Section 6. This Ordinance shall become effective upon the effective date of the Ordinance
adopting small-scale Comprehensive Plan Amendment 08-01, providing for an amendment to
future land designation of the Property, or, upon the effective date of Ordinance 2008-10,
whichever is later.
Aik PLACED ON FIRST READING THIS 28th DAY OF AUGUST, 2008.
141.
PLACED ON PUBLIC HEARING THIS 1 lth DAY OF SEPTEMBER, 2008.
PLACED ON SECOND, FINAL READING AND PASSED THIS 11thDAY OF SEI'I'EMBER. 2008.
(Village Seal)
:.ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
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VILLAGE ATTORNEY
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EXHIBIT 'A°
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 17,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, MORE
PARTICULARYLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE
OF THE FLORIDA EAST COAST RAILROAD AND THE WESTERLY EXTENSION
OF THE SOUTHERLY RIGHT OF WAY LINE OF RICHARD ROAD AS SAID
RIGHT OF WAY IS SHOWN ON THE PLAT OF KELSEY ACRES RECORDED IN
PLAT BOOK 22, PAGE 16, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF WAY
LINE OF THE F.E.C. RAILROAD A DISTANCE OF 530.00 FEET; THENCE
EASTERLY MAKING AN ANGLE WITH THE PRECEDING COURSE MEASURED
FROM NORTH TO EAST OF 85 DEGREES 00 MINUTES 20 SECONDS, A
DISTANCE OF 271.47 FEET, MORE OR LESS, TO THE WESTERLY RIGHT OF
WAY LINE OF STATE ROAD A-1-A, SAID RIGHT OF WAY LINE BEING ALSO
THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A
RADIUS OF 5689.58 FEET; THENCE NORTHWESTERLY, ALONG THE ARC OF
SAID CURVE AND THE WESTERLY RIGHT OF WAY LINE OF STATE ROAD A-
1-A, THROUGH AN ANGLE OF 4 DEGREES 14 MINUTES 13 SECONDSS A
DISTANCE OF 430.73 FEET TO THE SAID WESTERLY EXTENSION OF THE
SOUTHERLY RIGHT OF WAY LINE OF RICHARD ROAD; THENCE WESTERLY
ALONG SAID WESTERLY EXTENSION A DISTANCE OF 232.47 FEET TO THE
POINT OF BEGINNING.
LESS ADDITIONAL RIGHT OF WAY ACQUIRED BY THE DEPARTMENT OF
TRANSPORTATION IN THAT ORDER OF TAKING RECORDED IN OFFICIAL
RECORD BOOK 3666, PAGE 141.