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1997-21 Interim Zoning Ordinance• ORDINANCE NO. 21-97 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, TO BE KNOWN AS THE "INTERIM ZONING ORDINANCE" PROVIDING A MORATORIUM ON APPROVAL AND ISSUANCE OF DEVELOPMENT ORDERS FOR PROPERTIES LOCATED WITHIN THE INCORPORATED AREAS OF THE VILLAGE BOUNDED BY LAKE WORTH ON THE EAST, THE INTRACOASTAL WATERWAY ON THE SOUTH AND WEST AND PGA BOULEVARD ON THE NORTH; PROVIDING FOR AUTHORITY AND LEGISLATIVE INTENT; PROVIDING FOR A SIX (6) MONTH TIME OF DURATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE ABATEMENT OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the policy and law of the State of Florida that • local governments shall .plan for future development, adopt and amend comprehensive plans to guide future development, and adopt and enforce land development regulations to implement comprehensive plans; WHEREAS, it is the policy and law of the State of Florida that the planning programs of local governments shall be an ongoing and continuous process which is intended to encourage the most appropriate use of land, water and resources consistent with the public interest; WHEREAS, Objective 2 of the Intergovernmental Coordination Element of the Comprehensive Plan of the Village directs the Village to work toward eliminating unincorporated area enclaves in Planning Area 2 and to develop a coordinated annexation policy with local governments in the area; and WHEREAS, the classification and function of Ellison Wilson Road is not addressed in the Comprehensive Plan of the Village and Objective 5 of the Transportation Element supports efforts to jointly address this issue; and WHEREAS, annexation and expansion of the Benjamin School has changed the character of area somewhat. Special buffering, landscape and setback requirements, per Policy 1.5 of the Future Land Use Element of the Comprehensive Plan may need to be addressed, as well as other planning techniques related to land use compatibility; and WHEREAS, the Village has contracted with Land Research Management, Inc., a zoning and urban planning firm, which will be conducting a comprehensive planning area study of planned land uses, including type, intensity and associated green spaces inclusive of setbacks; landscaping and buffering of properties located in the incorporated areas of the Village and unincorporated areas of the Village bounded by Lake Worth on the east, the Intracoastal Waterway on the south and west and PGA Boulevard on the north, to determine the appropriate character, site development standards and land uses for the areas within the Village; and WHEREAS, the enactment of an interim zoning ordinance will allow the Village of North Palm Beach a reasonable time to complete a critical comprehensive planning study and to adopt appropriate land development regulations and amendments thereto as required for the designated area, which area is more particularly described in 2 • Exhibit "A" attached. BE IT ORDAINED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. Authority and Legislative Intent A. Authority for the enactment of this ordinance is vested in the Florida Constitution and general laws of this state, specifically Chapter 166, Florida Statutes, which delegates broad home-rule powers to municipalities and Chapter 163 Florida Statutes Part II, which authorizes local governments to plan for their future development, adopt and amend comprehensive plans to guide future development, and adopt, amend and enforce land development regulations to implement comprehensive plans. The adoption of an interim zoning ordinance for the Village of North Palm Beach would allow the Village time to complete its future planning study for the designated area within the Village. B. It is the legislative intent of the Village to . prohibit, temporarily, the applications for consideration of, and the approval of development orders for properties within the areas designated by this ordinance to enable the Village of North Palm Beach to adopt and amend its land development regulations, as necessary, to effectuate the planning for the designated area within the Village. This ordinance shall not apply to certificates of occupancy, building permits or applications for time extensions, or modifications to previously approved PUDs or site plans. This ordinance shall apply to any applications which are pending as of the effective date of this ordinance for PUDs or rezonings. C. The adoption of this interim zoning ordinance is undertaken by the Village of North Palm Beach in good faith; it is in no way intended to discriminate against landowners within the areas designated within this ordinance and is to be of limited duration to accomplish appropriate planning for the designated area within a reasonable time, and is undertaken to further the spirit and intent of Chapter 163, Part II, Florida Statutes, and the Village's comprehensive plan. D. This ordinance shall not prevent those property owners who have an application for a development order • pending as of the effective date of this ordinance from continuing to process their applications during the interim zoning time period specified for the municipal area being studied. Any property owner who elects to proceed with review of its pending application may only receive a development order from the Village during this interim zoning period after the customary review of its application by the Village staff and an expedited review by the consultants who are conducting the study of the area designated by this ordinance. The Village Council may enter into a development agreement for any pending applications being reviewed prior to the expiration of the interim zoning period provided the property owner and Village agree. Section 2. Applicability This ordinance shall apply only to those properties located within the incorporated areas of the Village bounded by Lake Worth on the east, the Intracoastal waterway on the south and west and PGA . Boulevard on the north, which geographical area is more particularly described in Exhibit "A" attached to this ordinance. Section 3. Time of Duration The Village Council hereby directs its staff to carry out and complete the necessary planning study for the areas designated under this ordinance within six (6) months from its effective date. Section 4. Severability 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. Abatement of Ordinances in Conflict • All Ordinances or parts of Ordinances in conflict herewith are 4 • hereby abated for the duration of this ordinance. Section 6. This Ordinance shall take effect immediately upon passage. PLACED ON FIRST READING THIS 27th DAY OF MARCH , 1997. PLACED ON PUBLIC HEARING THIS loth DAY OF APRIL 1997. PLACED ON SECOND, FINAL READING AND PASSED THIS 10th DAY OF apRn 1997. (VILLAGE SEP.L) ~_ ~~i, `~;~~e MAYOR 1, 5