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2017-06 Rezoning 2.72 Acres of PropertyORDINANCE NO. 2017-06 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING TWO PARCELS OF REAL PROPERTY TOTALING APPROXIMATELY 2.72 ACRES LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF EBBTIDE DRIVE AND SOUTH OF LIGHTHOUSE DRIVE AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C -A COMMERCIAL ZONING DISTRICT TO THE C -IA LIMITED COMMERCIAL ZONING DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Urban Design Kilday Studios, agent, on behalf of Commons at North Palm, LLC and 639 US Highway 1, LLC, property owners, filed an application to amend the zoning designation of two parcels of property totaling approximately 2.72 acres located on the west side of U.S. Highway One north of Ebbtide Drive and south of Lighthouse Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"), from the C -A Commercial Zoning District to the C -IA Limited Commercial Zoning District; and WHEREAS, on February 7, 2017, the Village Planning Commission, sitting as the Local Planning Agency, conducted a public hearing on the rezoning application; and WHEREAS, having considered the recommendation of the Planning Commission and the evidence and testimony presented during the course of two public hearings, 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 two parcels of vacant property located on the west side of U.S. Highway One, as more particularly described in Exhibit "A" attached hereto and incorporated herein, from the Village's C -A Commercial Zoning District to the C -IA Limited Commercial 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. 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. Page 1 of 2 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 131H DAY OF APRIL, 2017. PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF JUNE, 2017. (Village Seal) a�" � � ( MAYOR ATTEST: Kyj I I WWI] APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 2 ATTACHMENT A: Ordinance Map & Legal Description Application No: North Palm Beach Commons Memory Care (2016-0425) 639 US Highway 1 Location: 68-43-42-16-02-009-0030& 68-43-42-16-02-009-0040 Acres: Two (2) parcels totaling 2.72 acres � r no SW . . 6000 ee , . Parcel A - parcel B ONe ebb rn � ti N a PCN: 68-43-42-16-02-009-0030& 68-43-42-16-02-009-0040 LEGAL DESCRIPTION: THE NORTH 126 FEET OF THE SOUTH 730 FEET OF BLOCK 9, VILLAGE OF NORTH PALM BEACH PLAT NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 24,PAGE(S)202,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. TOGETHER WITH: PARCEL L A PARCEL OF LAND IN BLOCK 9,VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK 24, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID BLOCK 9,VILLAGE OF NORTH PALM BEACH,PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 400 FEET NORTHERLY, MEASURED ALONG THE WESTERLY LINE OF SAID BLOCK 9,FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 100 FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO A POINT IN THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 9, IT BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE OF 100 FEET;THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO THE POINT OF BEGINNING. PARCEL 2: A PARCEL OF LAND IN VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK 24,PAGE 202,PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE LINE OF SAID BLOCK 9, VILLAGE OF NORTH PALM BEACH, PLAT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 500 FEET NORTHERLY, MEASURED ALONG THE WESTERLY LINE OF SAID BLOCK 9, FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 100 FEET THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9, A DISTANCE OF 360 FEET TO A POINT IN THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID BLOCK 9, IT BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE OF 100 FEET;THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO THE POINT OF BEGINNING. PARCEL3: A PARCEL OF LAND IN BLOCK 9,VILLAGE OF NORTH PALM BEACH PLAT NO. 1,AS RECORDED IN PLAT BOOK 24, PAGE 202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE WESTERLY LINE OF SAID BLOCK 9,VILLAGE OF NORTH PALM BEACH,PLAT NO. 1, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 24, PAGES 202 TO 206, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AT A DISTANCE OF 600 FEET NORTHERLY, MEASURED ALONG THE WESTERLY LINE OF SAID BLOCK 9,FROM THE SOUTHWESTERLY CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID BLOCK 9, A DISTANCE OF 4 FEET; THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO A POINT IN THE EASTERLY LINE THEREOF; THENCE SOUTHERLY ALONG THE EASTERLYLINE OF SAID BLOCK 9, IT BEING ALSO THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5(U.S.HIGHWAY NO. 1),A DISTANCE OF 4 FEET; THENCE WESTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID BLOCK 9,A DISTANCE OF 360 FEET TO THE POINT OF BEGINNING.CONTAINING:2.727 ACRES