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2020-12 Rezoning Commercial PropertyORDINANCE NO. 2020-12 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING FIVE PARCELS OF PROPERTY LOCATED ON THE NORTH SIDE OF NORTHLAKE BOULEVARD EAST OF ALTERNATE AIA AND WEST OF PROSPERITY FARMS ROAD TOTALING APPROXIMATELY 2.956 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO THE C -NB NORTHLAKE BOULEVARD COMMERCIAL DISTRICT; AMENDING THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 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 five parcels of property located on the north side of Northlake Boulevard east of Alternate AIA and west of Prosperity Farms Road totaling approximately 2.956 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 five parcels of property located on the north side of Northlake Boulevard east of Alternate AIA and west of Prosperity Farms Road totaling approximately 2.956 acres, as more particularly described in Exhibit "A" attached hereto and incorporated herein, from the C -I 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 4 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 8TH DAY OF OCTOBER, 2020. PLACED ON SECOND, FINAL READING AND PASSED THIS 22ND DAY OF OCTOBER, 2020. ATTEST: �w � WILLAGE APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 4 MAYOR EXHIBIT "A" Legal Description Parcel 1: 9021 Alternate AIA PARCEL NO. 1: Lot 1, Rivard Subdivision, according to the plat thereof, recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida: LESS AND EXCEPT: that part of Lot 1, according to the Plat of Rivard Subdivision, as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida, in Section 17, Township 42 South, Range 43 East; said part being more particularly described as follows: The Westerly 10 feet on Lot 1, less the South 45 feet thereof, according the Plat of the Rivard Subdivision as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida, in Section 17, Township 42 South, Range 43 East. PARCEL NO. 2: The North 109 feet of the South 154 feet of Lot 3, Rivard Subdivision, recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County, Florida, further described as follows: Commencing at the intersection of the Easterly right-of-way line of State Road AIA with the North right-of-way line of Northlake Boulevard (State Road 809), thence on a bearing of South 88°28'03" East, along said North right-of-way line, a distance of 115.05 feet to the West line of said Lot 3 and the point of beginning; thence North 1'06'57" East along said West line, a distance of 109.00 feet; thence South 88°18'03" East, a distance of 110.00 feet to the East line of said Lot 3; thence South 1°06'57" West, along the East line, a distance of 109.00 feet to the said North right-of-way line; thence North 88°28'03" West, along said right-of-way line, a distance of 110.00 feet to the Point of Beginning. Less and Except all rights-of-way from Both Parcels 1 and 2 above, including but not limited to the land described in that certain Right -of -Way Deed recorded July 10, 1989, in Official Records Book 6125 page 169, of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0010) Parcel 2: 2579 Northlake Boulevard Lot 45 less the south 45 thereof, Rivard Subdivision, as recorded in Plat Book 21, Page 12 of the Public Records of Palm Beach County Florida and less the north 5 feet hereof and less than portion described as follows: Commence at the Southwest corner of said Lot 4; thence North 0°30'56" East, along the West line of said Lot 4, a distance of 45.01 feet, to the point of beginning; thence continue Page 3 of 4 North 0°30'56" East, 8.00 feet; thence South 88°04'04" East, 14.00 feet; thence South 79°00'46" East, 50.83 feet to a point on the North right-of-way of Northlake Boulevard, per Official Recorded Book 197, Page 219 and Official Records Book 1029, Page 55; thence North 88°04'04" West along said North right-of-way line, a distance of 64.00 feet to the point of beginning. (PCN: 68-43-42-17-06-000-0040) Parcel 3: 2561 Northlake Boulevard Lot 5, less the South 52 feet for the Right -of -Way of Northlake Boulevard and the North 5 feet for the Right -of -Way of Park Road, of the Plat of Rivard Subdivision, according to the Plat thereof, as recorded in Plat Book 21, Page 21 of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0050) Parcel 4: 2545 Northlake Boulevard Lot 6, LESS the South 52 feet for the right-of-way for Northlake Boulevard and less the North 5 feet for the right-of-way for Park Road, and Less the East 33 feet of the South 195 feet thereof, and TOGETHER with the South 108.16 feet of the North 113.16 feet of Lot 7, LESS the Easterly 21 feet for the right of way for Prosperity Farms Road, Plat of Rivard Subdivision as recorded in Plat Book 21, Page 21 of the Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0061) Parcel 5: 9009 Prosperity Farms Road The South 195 feet of Lot 7 and the East 33 feet of the South 195 feet of Lot 6, less the South 45 feet for road purposes, of Rivard Subdivision, according to the Plat thereof as recorded in Plat Book 21, Page 12 of the public Records of Palm Beach County, Florida. Less and excepting therefrom those lands conveyed to Palm Beach County for road purposes in instrument recorded in Official Records Book 6047, Page 1318, as corrected by instrument recorded in Official Records Book 6101, Page 1756, Public Records of Palm Beach County, Florida. (PCN: 68-43-42-17-06-000-0062) Page 4 of 4