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2020-13 Rezoning Commercial PropertyORDINANCE NO. 2020-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, REZONING A PARCEL OF PROPERTY LOCATED ON THE WEST SIDE OF U.S. HIGHWAY ONE NORTH OF THE C-17 CANAL (400 U.S. HIGHWAY ONE) TOTALING APPROXIMATELY 1.76 ACRES, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM THE CB COMMERCIAL DISTRICT TO THE C -MU US -1 MIXED USE 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 a parcel of property located on the west side of U.S. Highway One north of the C-17 Canal right-of-way (400 U.S. Highway One) totaling approximately 1.76 acres, as more particularly described in Exhibit "A" attached hereto and incorporated herein ("Property"), from the C -B Commercial District to the C -MU US -1 Mixed Use 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 a parcel of real property located on the west side of U.S. Highway One north of the C-17 Canal right-of-way, as more particularly described in Exhibit "A" attached hereto and incorporated herein, from the Village's CB Commercial District to the C -MU US -1 Mixed Use 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 4 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 22NDDAY OF OCTOBER, 2020. ATTEST: b VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 4 EXHIBIT "A" Legal Description A parcel of land lying in Section 16, Township 42 South, Range 43 East, Village of North Palm Beach, Palm Beach County, Florida, more particularly described as follows: Beginning at the intersection of the Easterly right of way line of U.S. Highway #1 with the North right of way line of Canal C-17 as now -established; Thence, on an assumed bearing of due East along the said North right of way line of Canal C-17, a distance of 23 3.5 0 feet; thence N 10°09'00" W, a distance of 43.37 feet; Thence N 37°27'47" E, a distance of 189.55 feet; Thence N 10°09'00" W, a distance of 49 feet; Thence S 79°41'56" W, a distance of 364.71 feet to a point in the aforesaid Easterly right of way line of U.S. Highway #1 as no established; thence S 21'10'13" E, a distance of 24.64 feet; Thence S 10'09'00" E, along said right of way line a distance of 155.62 feet to the Point of Beginning. Together with: A parcel of land lying in Section 16, Township 42 South, Range 43 East, Village of North Palm Beach, Florida, more particularly described as follows: The West 233.66 feet of the following described property; Beginning at the intersection of the Easterly right of way line of U.S. Highway #I with the North right of way line of Canal C-17; thence on an assumed bearing of due East, along said North right of way line, a distance of 942.63 feet; thence due South, a distance of 30.30 feet to the face of an existing bulkhead; thence due West along the face of said bulkhead, a distance of 937.21 feet to the said Easterly right of way line of U.S. Highway #1, thence N 10°09'00" West, along said Easterly right of way line a distance of 30.78 feet to the Point of Beginning. Together described as: A portion of Section 16, Township 42 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: BEGIN at the intersection of the Northerly right-of-way line of Canal C-17 with the Easterly right-of-way line of U.S. Highway 1 (130 foot right-of-way); thence North 10°09'00" West along the said Easterly right-of-way line a distance of 155.62 feet to a nail; thence North 21'10'13" West along said right-of-way line a distance of 24.64 feet to a rebar; thence North 79°41'56" East a distance of 364.71 feet to a rebar; thence South 10°09'00" East a distance of 49.00 feet to a rebar; thence South 37°27'47" West a distance of 189.55 feet to a rebar; thence South 10°09'00" East a distance of 43.37 feet to a rebar lying on said Northerly right -of way line of Canal C-17; thence North 90°00'00" East along said Northerly right-of-way line a distance of 10.16 feet to a rebar; thence South 10'09'00" East a distance of 29.34 feet to a drill hole in the bulkhead wall of said Canal C-17; thence North 89°56'06" West along the face of said bulkhead wall a distance of 233.66 feet to a Page 3 of 4 rebar lying on said Easterly right-of-way line of U.S. Highway 1; thence North 10°09'00" West a distance of 29.07 feet to the POINT OF BEGINNING. PCN: 68-43-42-16-00-004-0012 Page 4 of 4