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2015-18 Rezoning 1.8 Acres of PropertyORDINANCE NO. 2015-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FOUR PARCELS OF PROPERTY TOTALING APPROXIMATELY 1.8 ACRES LOCATED ON OLD DIXIE HIGHWAY APPROXIMATELY ONE -HALF MILE NORTH OF NORTHLAKE BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE PALM BEACH COUNTY COMMERCIAL GENERAL AND MULTI - FAMILY MEDIUM DENSITY ZONING DISTRICTS TO THE VILLAGE I -1 (LIGHT INDUSTRIAL) ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village received an application from Jon E. Schmidt and Associates, agent, on behalf of Wild Papaya Nursery and Garden Center, Inc., property owner, to rezone four parcels of property totaling approximately 1.8 acres located on Old Dixie Highway approximately one -half mile north of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein ( "Property"), from the Palm Beach County Commercial General and Multi - Family Medium Density Zoning Districts to the Village's I -1 (Light Industrial) Zoning District; and WHEREAS, through the adoption of Ordinance No. 2010 -19, the Village Council assigned a future land use designation of Light Industrial to the Property; and WHEREAS, on August 4, 2015, the Village Planning Commission, sitting as the Local Planning Agency, conducted a public hearing and voted to recommend approval of the rezoning request; and WHEREAS, the Village Council, having considered the recommendation of the Planning Commission and after public hearing and due consideration, determines that the rezoning of the Property to the I -1 (Light Industrial) Zoning District complies with the Village's Comprehensive Plan and all Village Code requirements and is the best interests of the general welfare of the Village and its residents. 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 four parcels of property totaling approximately 1.8 acres located on Old Dixie Highway approximately one -half mile north of Northlake Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein ( "Property"), from the Palm Beach County Commercial General and Multi - Family Medium Density Zoning Districts to the Village's I -1 (Light Industrial) 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. Page 1 of 3 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 immediately upon adoption. PLACED ON FIRST READING THIS 10TH DAY OF SEPTEMBER, 2015. PLACED ON SECOND, FINAL READING AND PASSED THIS 24' DAY OF SEPTEMBER, 2015. (Village Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 3 EXHIBIT "A" LEGAL DESCRIPTION Parcel Control Nos. 68- 43- 42- 17 -00- 000 -3120 (Parcel One) 68- 43- 42- 17 -00- 000 -3100 (Parcel One) 68- 43- 42- 18 -00- 000 -1030 (Parcel Two) 68- 43- 42- 18 -00- 000 -1050 (Parcel Two) Parcel One: That portion of the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW '/4) of the Northwest Quarter (NW 1/4) of Section 17, Township 42 South, Range 43 East, lying between the Florida East Coast Railroad Right -of -Way on the east and a County Road, 40 feet wide (Old Dixie Highway) on the West, LESS the South 150 feet thereof in Palm Beach County, Florida. Parcel Two: The Southeast Quarter (SE 1/4) of the Northeast Quarter (NE '/4) of Section 18, Township 42 South, Range 43 East, Palm Beach County, Florida, lying West of Old Dixie Highway and Southeast of the South Florida Water Management District C -17 Canal, LESS the South 150 feet thereof, Palm Beach County, Florida; AND That part of the Southwest Quarter (SW '/4) of the Northwest Quarter (NW ''/4) lying West of Old Dixie Highway, LESS the South 150 feet thereof, in Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida Page 3 of 3