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HomeMy WebLinkAbout2007-07 Small Scale Comp Plan Amendment 0.35 Acres• • ORDINANCE 2007-07 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO THE VILLAGE COMPREHENSIVE PLAN TO AMEND THE FUTURE LAND USE DESIGNATION OF A 0.35 ACRE PARCEL OF LAND LOCATED ON THE EAST SIDE OF ALTERNATE A1A NORTH OF RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE COUNTY CL-O/3 LAND USE CLASSIFICATION TO THE VILLAGE COMMERCIAL LAND USE CLASSIFICATION; AMENDING THE VILLAGE FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village recently annexed the 0.35 acre parcel of property located on the northeast corner of the intersection of Alternate A1A and Richard Road; and WHEREAS, section 171.062, Florida Statutes, provides that in areas annexed by municipalities that are subject to a county land use plan, the county land use plan remains in effect until the municipality adopts a comprehensive plan amendment that includes the annexed area; and WHEREAS, the Village has initiated a small-scale Comprehensive Plan Amendment ("Amendment 06-1.2") to assign a Village future land use designation to this parcel of property; and WHEREAS, on December 7, 2006, the Village Planning Commission, sitting as the Local Planning Agency, determined that the proposed amendment is consistent with the adopted Village Comprehensive Plan and recommended approval of Amendment 06-1.2; and WHEREAS, the Village Council determines that the proposed future land use map amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, the Village Council, after public hearing and due consideration, wishes to adopt proposed Amendment 06-1.2 to the Village Comprehensive Plan. 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 correct and are incorporated herein. Section 2. The Village Council hereby adopts Amendment 06-1.2 to the Village Comprehensive Plan, as fully set forth in Exhibit "A" attached hereto and incorporated herein by reference. • • Section 3. The Village Council hereby amends the Future Land Use Series of the Future Land Use Element of the Village Comprehensive Plan in accordance with the amendments set forth in Exhibit "A." 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 thirty-one (31) days after adoption or, if challenged, shall become effective upon issuance of a final order issued by the state land planning agency or the Administration Commission determining Amendment 06-1.2 is in compliance. PLACED ON FIRST READING THIS 8th DAY OF MARCH, 2007. PLACED ON PUBLIC HEARING THIS 22nd DAY OF MARCH, 2007. PLACED ON SECOND, FINAL READING AND P ; SSED THIS 22nd DAY OF MARCH, 2007. fit, t /. :'li .�k* ,,/,j4j.g(/ .'' MAY 1 r . H.0,1DA: TEST: r:, "VFi ;,AGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY • :•1.;iCJ a0.BY AND .04i1 iA 0 TO: Richard R.•Barra, Esquire Scott, Royce, Harris,. Bryan, Barra & Jorgensen, P.A. 4400 PGA Blvd. ; Suite 800 Palm B _ .: Gardens, FL 33410 W/C 18IIS Brio Representative post office 33403, the- Gran post office 33403, the Grant SEP-09-1990 4:36Pi 96--313345 'ORS 943i 1% 880 . 1 11111 11111111111E1E11 ■11 Con 34,750.DO Doc 241.a 1191 No.: 00-43-42-17-04-000-0470 2 PERSONAL 44+4.0.gr.U..4yr,.x�4+. S DEED • is made 'this 3rd day of September, 1996, by and Bile, the duly qualified and acting Personal Estate of Lamar Lenard Nile, deceased, whose is 9458 Highway A-1-A, Lake Park, Florida John W.-Humphries, a single man, whose 9458 Highway A-1-A, Lake Park, Florida TEAT the Grantor, 4, 1996,. by the Palm Be CP-94-3476, concerning Bile, deceased, and in c paid by the Grantee, the has granted, bargained, sol and confirmed and by these alien, remise, release, successors or assigns fa situate, lying and being in th Florida, to -wits t to the order' entered on September County, Florida Probate Court, Case No.' -3 st Wi? ]: and Testament Of Lamar Lenard tion of the sum of $10.00 to them t whereof is hereby acknowledged, ened, remised, released, conveyed is does grant,bargain, sell, confirm unto the Grantee, his following. described land, �\\(/Otipty,of Palm Beach, and State of V ',• t Y� 5S AS DESCRIBED IN .gbduiags (; ]1TTACABD asasa"A I AND INCORPORATED BY HEREIN .s1.,kadoLL with .all and singular the and appurtenances -Le belonging, and the and reversions, r issues and profits thereof; and also all interest, property, possession, claim and in law and equity, which the Testator had, 1 41. ts, hereditaments, anywise appertaining; emit remainders, rents, tate, right, "title, whatsoever, both lifetime, and at • 411 ORE 9431 F i the time of his decease, and which the Grantor has, by virtue of the said Last Will and Testament, or otherwise, of, in•And to the abons granted premises, and every part and parcel thereof, with the appurtenances. O BANS ID TO BOLD All and singular the above granted -premises, together with the appurtenances and every part thereof, unto theGrommtee, his successors or assigns forever. •: IS 46 Ciaiaph.a. TO taxes for the year 1996 and the t thereto; • restrictions, reservations, Covenants, ccmd"-" limitations and easements of record; and all applicable laws, .er-S and gove.-., -al regulations, including, without liMita and building codes and -ordinances. tiOESS VBEREOF, the undersigned, as Personal Represent& Ire of the Estate of said decedent, has executed this instrmment un,Q1ma seal on the date aforesaid. Signed, seal' delivered 112 the pres fs le -ors -AL name of wi /per) Oi_kbri (*int name of witnesa) STATE OF FLORIDA OP PAUL BEACH The foregoing In..rem • day of August, 1996, by Representative of the Estate of VAIME€1111.1111NIDON coLIMS01 OSES OPINES iiraWSZIga I ao • Eric Lamar Elle, as Personal Representative Of the -Estate of Laaar Lenard Kiln , Deceased. ledged before me this F,L71---- ‘•-,E0p, „Lamar Riles as Personal "Lenard Rile, Deceased. iterigr PUBLIC (IR) )—N4151 ,11Z-1.; /r4A— s. - mein Ey c Coemie Personally Lawn OR Produced Type of identification Produced 27:" 2 -4f ion expires: 0. • ication • /. • EXHIBIT RA" • re Offi at 38°22' a distance ,a1 68.64 feet to the POINT OFm�.aw+.+2; e South 38°22' 23 ° West along said Westerly ce of 29.69 feet to a point on a . curve westerly having a tangent bearing of South through aid point; thence southeasterly g a radius of .5769.58 feet, through '35* an arc distance of 146.99 feet to inner of said Lot 47; thence North 'a1' the Easterly line of said Lot 47 a t to a point on a curve concave having a tangentbearing of North said point; thence Northwesterly a radius of 6305.45 feet through an arc distance of 153.58 feet to ORB 9431 t 9 ' 882 DOROTH't H. WILI EN CLERK PB COUNNTY,a thence line a RELSEY ACRES # 2, according to the Plat thereof in the Office of the Clerk of the Circuit Court or Palm Beach County,Florida, recorded in Plat Page 47, less and except the following described conveyed to the State of Florida by instrument Ckt Official Record Book 3697, Page 355 of cords of Palm Beach County, Florida: Commence st corner of said Lot 47, thence South West along the Westerly line of said Lot 47, V ■iw. Y1 i'ir S 36°18. 02° Eas along said an angle of the Southe 50°46'22° Bast distance of 25. Southwesterly 33°50'47* West along said curve an angle of 01°23' the POINT OF BEG, ti