2016-02 Water Club Phase II RezoningORDINANCE NO. 2016-02
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA, REZONING A 1.26 ACRE
PARCEL OF PROPERTY LOCATED ON THE EAST SIDE OF 1
U.S. HIGHWAY ONE APPROXIMATELY 1.1 MILES SOUTH OF
PGA BOULEVARD, DESIGNATED AS WATER CLUB PHASE II
AND AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE
C -1 (NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT TO
THE R -3 (APARTMENT DWELLING) ZONING DISTRICT; AMENDING
THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Thomas Engineering Group, LLC, agent, on behalf of Domani Development, LLC,
owner, has filed an application to amend the zoning designation of a 1.26 acre parcel of
property located on the east side of U.S. Highway One, approximately 1.1 miles south of
PGA Boulevard (1240 U.S. Highway One), as more particularly described in Exhibit "A"
attached hereto and incorporated herein, from the C -1 (Neighborhood Commercial)
Zoning District to the R -3 (Apartment Dwelling) Zoning District; and
WHEREAS, on November 3, 2015, the Village Planning Commission, sitting as the
Local Planning Agency, conducted a public hearing and recommended approval of the
rezoning request; and
WHEREAS, having considered the recommendation of the Planning Commission, the
Village Council determines that the rezoning request complies with all requirements and
provisions of the Village's Comprehensive Plan and Code of Ordinances and is in the
best interests of the residents and citizens of the Village.
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 rezones the Property located at 1240 U.S. Highway One,
as more particularly described in Exhibit "A" attached hereto and incorporated herein,
from the Village's C -1 (Neighborhood Commercial) Zoning District to the R -3
(Apartment Dwelling) Zoning District.
Section 3. The Village Council hereby directs Village Administration to ensure that the
Village's Official Zoning Map is amended to reflect the rezoning of the Property.
Page 1 of 2
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
Ordinance No. 2015 -17.
PLACED ON FIRST READING THIS 10TH DAY OF DECEMBER, 2015.
PLACED ON SECOND, FINAL READING AND PASSED THIS 14TH DAY OF JANUARY, 2016.
(Village Seal)
ATTEST:
VILLAGE CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
Page 2 of 2
M "Y R
Exhibit "A"
A parcel of land in Section 9, Township 42 South, Range 43 East, Palm Beach County,
Florida, being more particularly described as follows:
Beginning at the intersection of the Easterly Right -of -Way line of State Road No. 5 as
same is shown on map recorded in Road Plat Book 2, Pages 105 -108, Public Records of
Palm Beach County, Florida, with the South line Government Lot 8 in Section 4; run
thence South 88 °23'35" East along said Government Lot Line a distance of 412.23 feet;
thence South 01 °36'25" West 87.00 feet; thence South 88 °23'35" East 7.00 feet; thence
South 01'36'25" West 66.0 feet to a point in a curve concave to the Southeast having a
radius of 25.00 feet and a central angle of 90 °00'00 "; thence Southwesterly along the arc
of said curve 39.27 feet to the end of said curve; thence South 01'36'25" West 36.10 feet;
thence North 21 °35'40" West 86.06 feet; thence North 88 °23'35" West 69.89 feet;
thence North 01 °36'25" East 0.95 feet; thence North 88 °23'35" West 18.63 feet; thence
South 01 °36'25" West 21.00 feet; thence North 88 °23'35" West 48.00 feet, more or less,
to a point in Easterly line of Parcel 1 as same is described in O.R. Book 1907, Page 981,
Public Records of Palm Beach County, Florida; thence North 21 °35'40" West 105.53
feet to a point in a curve concave to the Southeast having a radius of 25.00 feet and a
central angle of 23 °09'08 "; thence Southwesterly along the arc of said curve 10.10 feet to
a point in the Easterly Right -of -Way line of Sate Road No. 5 (tangent of 25.0 foot curve
bears North 52 °08'43" East at this point); thence North 21 °36'40" West along said right -
of -way line 71.48 feet, more of less to the point of beginning.