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Ordinance 1989-024 Rezoning 13.66 Acres Milling PropertyMilling Property A • ~ f ORDINANCE NO. 24-$9 - 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 fn 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 Exhfbit "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-i 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 8. 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 1s 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 , Section 4. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 1QTH DAY OF ,~,FpTF~jgFR , 1969. PLACED ON PUBLIC HEARING THIS 9TH DAY OF NOVEMBER , 1989. PLACED ON SECOND, FINAL READING AND PASSED THIS 9TH DAY OF NOVEMBER 1989. / / / . i4B~ (Village Seal) MAYOR ATTEST: Village Clerk 8838G/de 3 - ~ - EXFIIBIT A ' F'Ul1K '1'kAC'I'S OF LANU 1N '1'111•; SUIi'I'IIF.AS'l' QUAK'1'IiR (S,6.1/7i) UI' SECI'lON S, TUti~NSIIIY 47. SUU'1'll, KANC1i 43 liA5'1', I'AlM BFJ,CII CUIIN'1'Y, FLOKIUA, NOKE YAR"l'1CUI,ARI,Y UI:SCK113~U AS PdLLUWS: 'I'I{ACI' 1 '1'111; I:AS'1' HALF (IiAS'1' 1/2) OF 'l'IlE SUUI'lll:AS'i' <IUAK'1'Ek (S.E.1/4) Ok THE SUU'I'IIWEiS'1' IIUAR'1'liK (S.W.1/4) UF' THE SUU'l'llf•:AS'1' (2UAk't'lik (S.E.1/4) LF:aS 1'lIE S(IU'lll GU F'F:F; 1' (•UR KICII'1'-UF='.,'AY UF' NUNE'1' f{UAI). . 'I'RACI' 2 . 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'I'U A POINT; '11lENCE SUU'1'll 88'UG'39" EAST, PARALLEL WI]]i 'fllli SOU'1'11 LING OF SAIU SECTION S, A llISTANrg OF 152.32 FEET TO THE POINT OF IihCINNINC. "1'kht:'I' 4 'I'fl1'. 1',A:~1' tJNP,-IIAI,F OF '1'111; WIiS]' ONE-IIAI,F' 01' '1'lili SOUI'IIEAS'I' UNI;--'~-JAk'I'EI{ UI~- '1'III; SUU'1'llWliS'1' UNI':-[ZUA1:1'I;K U(' '1'111: SUII'I'IIF:AS'I' Utlw; (tUAK'l'EK Ul•' Sf,: 'UN`i, '1'UWN511IP 4"L SUU'lll, KnNCIi 43 F:AS'I'. CUN'1'AININC ]N Al,l, 13.UG ACRIiS, MURF; Uk LESS. SUISJI:C'{' 'I'U R1C11'l'S-Ul•'-WAY, iiASPi91iN'1'S ANU U'1'lll:k FU'l"I'IiKS OF NISCUKU, 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. i Harbour Point Marina Site Plan