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2020-11 Rezoning Commercial PropertyORDINANCE NO. 2020-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING NINE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD WEST OF PROSPERITY FARMS ROAD AND EAST OF NORTHLAKE DRIVE TOTALING APPROXIMATELY 4.241 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD AMENDING THE OFFICIAL ZOT SEVERABILITY; PROVIDING FOR FOR AN EFFECTIVE DATE. COMMERCIAL DISTRICT; LING MAP; PROVIDING FOR CONFLICTS; AND PROVIDING WHEREAS, in connection with the update to its commercial zoning districts to implement the Citizen's Master Plan Report, the Village is initiating an amendment to the zoning designation of nine parcels of property located on the north side of Northlake Boulevard east Prosperity Farms Road and west of Northlake Drive totaling approximately 4.241 acres, as more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"), from the C-1 Neighborhood Commercial District to the C -NB Northlake Boulevard Commercial District; and WHEREAS, on September 1, 2020, 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 nine parcels of property located on the north side of Northlake Boulevard east Prosperity Farms Road and west of Northlake Drive totaling approximately 4.241 acres, as more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"), from the C-1 Neighborhood Commercial District to the C -NB Northlake Boulevard Commercial 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 6 Section 4. If any section, paragraph, sentence, clause, phrase or word of this ordinance i- 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 8TH DAY OF OCTOBER, 2020. PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF OCTOBER, 2020. d MAYOR ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY -- Page 2 of 6 EXHIBIT "A" Legal Description Parcel 1: 819 Northlake Boulevard The East 150 feet of the West 183 feet of the South one-third (S 1/3) of the Southwest one- quarter, of the Southwest one-quarter, of the Southeast one-quarter, of Section 17, Township 42 South, Range 43 East, LESS the South 45 feet thereof for roadway purposes. ALSO LESS Being a parcel of land in the Southeast one-quarter (S.E. 1/4) of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Commence at the South quarter corner of said Section 17; thence. North 01°57'23" East along the center line of Prosperity Farms Road, a distance of 45.00 feet to its intersection with the Westerly prolongation of the North Right -of -Way line of Northlake Boulevard; thence South 88'02'18 " East along said Westerly prolongation, a distance of 33 feet to the East Right -of- Way line of Prosperity Farms Road and the Point of Beginning; thence North 0l °57'2" East along said East right-of-way line of Prosperity Farms Road, a distance of 176.37 feet to the North line of the South one-third (S 1/3) of the Southwest one quarter (S.W. 1/4) of the Southwest one-quarter (S.W. 1/4) of the Southeast one-quarter (S.E. 1/4) of said Section 17; thence South 88°01' 18" East along said North line a distance of 7.00 feet to the Southwest corner of FAIRHAVEN ADDITION TO VILLAGE OF NORTH PALM BEACH, recorded in Plat Book 27, Page 90 of the Public Records of Palm Beach County, Florida.; thence South 01'57'23" West along a line parallel with and distant East 7.00 feet by rectangular measurement from the said East Right -of -Way line of Prosperity Farms Road, a distance of 151.37 feet; thence South 43°02'28" East, a distance of 35.35 feet to a point on the said North Right -of -Way line of Northlake Boulevard; thence North 88'02'18" West along said North Right -of -Way line, a distance of 32.00 feet to the Point of Beginning. (PCN: 68-43-42-17-00-000-5060) Parcel 2: 807 Northlake Boulevard The West 90 feet of the East 417 Feet of the West 600 Feet of the South One -Third of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. LESS AND EXCEPT the South 45 feet thereof, as set forth in Official Record Book 1029, Page 55, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5130) Page 3 of 6 Parcel 3: 791 Northlake Boulevard East 110 feet of the West 200 feet of the East 417 feet of the West 600 feet of the South One -Third of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter, Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5070) Parcel 4: 783 Northlake Boulevard West 111 feet of the East 217 feet of the West 600 feet of the South 1/3 of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida. (PCN: 68-43-42-17-00-000-5080) Parcel 5: 775 Northlake Boulevard The East 106 feet of the West 600 feet of the South 1/3 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, less the South 45 feet of the above referenced property being State Road right of way, as described in Official Records Book 1029, Page 55, Public Records of Palm Beach County, Florida (PCN: 68-43-42-17-00-000-5090) Parcel 6: 763 Northlake Boulevard The East 116 feet of the West 716 feet of the South 1/3 of the South 1/2 of the Southwest 1/4 of the Southwest 1/4 of the Southeast 1/4 of Section 17, Township 42 South, Range 43 East, Palm Beach County, Florida, less the South 45 feet of the above referenced property being State Road right of way, as described in Official Records Book 1029, Page 55, Public Records of Palm Beach County, Florida (PCN: 68-43-42-17-00-000-5040) Parcel 7: 751 Northlake Boulevard The South One -Third (S 1/3 of the West Three -Quarters (W3/4) of the South One -Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida. Less and except the West 716.0 feet and the East 110.0 feet thereof, and also less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard AND Page 4 of 6 The East 110 feet of the South One -Third (S 1/3) of the West Three -Quarters (W 3/4) of the i South One -Half (S 1/2) of the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida. Less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard. (PCN: 68-43-42-17-00-000-5050) Parcel 8: 731 Northlake Boulevard The East 110 feet of the South 1/3 of the West % of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 17, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida; less and except the South 45.0 feet thereof as public right-of-way for Northlake Boulevard. (PCN: 68-43-42-17-00-000-5100) Parcel 9: 727 Northlake Boulevard All that certain parcel of land situate in the VILLAGE OF NORTH PALM BEACH, Palm Beach County, Florida, being all of Lot 20, Block 36, VILLAGE OF NORTH PALM BEACH, PLAT NO. 3, as recorded in Plat Book 25, Page 176, Palm Beach County Public Records, and more particularly described according to a survey thereof dated February 26, 1963, by David E. Brady, Registered Surveyor of Palm Beach, Florida, as follows: BEGINNING at an iron pipe in the Northerly right-of-way line of Northlake Boulevard (90 foot right-of-way) at the Southwesterly end of the curved highway right-of-way which connects the said line of Northlake Boulevard with the Westerly right-of-way line of Northlake Drive (60 foot right-of-way), extending thence (1) along the said line of Northlalce Boulevard North 88 degrees 4 minutes 4 seconds West 98.83 feet to an iron pipe in line of land now or formerly of Northlake Properties; thence (2) along said line of land of Northlake Properties North 01 degrees 55 minutes 11 seconds East 131.63 feet to an iron pipe in another line of land now or formerly of Northlake Properties; (3) along said other line of land of Northlake Properties South 88 degrees 4 minutes 11 seconds East 123.86 feet to a wood stake in the said line of Northlake Drive; thence (4) along the said line of Northlake Drive South 01 degrees 55 minutes 49 seconds West 106.64 feet to the Northeasterly and of the above mentioned curved highway right-of-way connecting line; thence Page 5 of 6 (5) Southwesterly along the said connection line along a curve to the right with a radius of 25 feet the arc distance of 39.27 feet (said curve having a central angle of 90 degrees 00 minutes 07 seconds) to the PLACE OF BEGINNING. (PCN: 68-43-42-16-04-036-0200) Page 6 of 6