2007-09 Rezoning 0.35 AcresORDINANCE 2007-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, REZONING A 0.35 ACRE PARCEL OF
LAND LOCATED ON THE EAST SIDE OF ALTERNATE AlA NORTH OF
RICHARD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN,
FROM THE COUNTY CLO ZONING DISTRICT TO THE VILLAGE CC
(TRANSITIONAL COMMERCIAL) ZONING DISTRICT; AMENDING THE
OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village recently annexed the 0.35 acre of parcel of property located on the
northeast corner of the intersection of Alternate Al A and Richard Road; and
WHEREAS, in accordance with section 171.062, Florida Statutes, the Village must assign its
own zoning designation to the property upon adoption of a comprehensive land use plan
amendment that includes the annexed area; and
WHEREAS, the Village Council, upon receiving and considering the recommendations of the
Planning and Zoning Board, and after public hearing and due consideration, wishes to adopt the
proposed rezoning.
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 are incorporated
herein.
Section 2. The Village Council hereby rezones a 0.35 acre parcel of land located on the east
side of Alternate AlA north of Richard Road, as more particularly described in Exhibit "A"
attached hereto and incorporated herein, from the County CLO Zoning District to the Village CC
(Transitional Commercial) Zoning District.
Section 3. The Village Council hereby directs Village Administration to ensure that the
Village Official Zoning Map is amended to reflect the rezoning ofthe 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.
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 All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to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 the Ordinance
adopting small-scale Amendment 06-1.2, providing for an amendment to future land designation
of the Property.
• PLACED ON FIRST READING THIS 8th DAY OF MARCH, 2007.
PLACED ON PUBLIC HEARING THIS 22nd DAY OF MARCH, 2007.
PLACED ON SECOND, FINAL READING AND P SED THIS 22nd D Y OF MARCH, 2007.
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,:,,,~~,,,,,,,.• MAYOR
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
VILLAGE ATTORNEY
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scoff, Royce, Harris.. Bryan, ~8tffi 9431 P9 880 .
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1 NO.: QO-43-42-17-Og-000-0470
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~' ffiS is made this 3rd -day of 3epteaiber, 1996, by and
r~ bet>reen Eric File, the duly qualified and acting Persc®al
~'- st~epo<~esentativ~ Estate of Lamar Lenard File, deceased, whose
post office i8 9458 Highway A-1-A, Lake Park, Florida
33403, the Gras John tP. • Huaophries, a single nian, whose
post office 8 9458 Highway A-1-A, I.ak~e park, Florida
~~ . 33403, the Grant `'"•'
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;~ 1~ TRBSSBTH:
~T the Grantor, to the Order' Bantered can September
4, 1996. by the Palm Be Cauaty, Florida Probate Gburt, Case No.
3:~F-94-3476. concerning ~3,~ st Hill and T+estameat Of Lamar Canard
File, deceased, Gad is c tion of the s® of $10.00 to them
paid by the Gzaatee, the t whereof is hereby acknowledged,
bas granted, bargained. sol erred, remised,. released, coaaveyed
and comfizmed and by these is does grant, bargain, sell.
alien, remise, release, Qonfi=m unto the Grantee, .his
'•' or assigns fo following _ described Sand,
situate, lying and being in th of Palm Beach,-and State of
PlOrida, tO-Nits ~.!"`~,~~
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,,; ~ AS DBS(~IBBD IN B~IHIT ~'~ ATTAC9BD H6RSr0
ACID INOOItPORATBD BY HffitBIN .
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1 with.all and singular the ts, hereditaments,
and appurteaoances thereunto beloa9~9. any`rise appertaiaingt
and the 2+e~1er8~000 and r~Vers3.On8, r Z'em~inApsg~ rents,
issues and profits thereof; and also all fate, right, title,
• ~ interest, property, possession, claim and whatsoever. both
~,._ 3n law and equity. which the Testator had~~~ lifetime, and at
1 n
. ~t~ 931 fie 881
the t3ae of his decease, and Mhich the Grantor has, by virtue of
the said Last will and Testasent, or othex~risQ, of, in and to the
above granted presiiaes, and e~vesy part and parcel thereof, with the
ar~~e~~@8.
3~D ~-Va ~ s0 ff9l~ .all and singular the above granted
P~~• together Math the aF~rtea,.~*.~pg and every part thereof,
Hato the Graatae, his successa~zs or assigns forever.
n1~CB IS Sfl8.7ECT z+0 tares for the year 1996 and the
t thereto: restrictions, reservations, cov+enaats,
condi 13sitations and easa~aats of record; and all applicable
2aWS, ~" ,sad govean~eatal regalatioas, iaclndissg, Mithont
liana ; and building codes and o~~*+++*+~es.
•. instrusent nnd~ eal on the date aforesaid.
• i ~,p8es ~ fsdel3ver+ed
'fi f''~ $r~c T.s~~.r Ril@~ m!f PBrao=!al
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Representative of the Bstate of
• ( none of wi ,• Laaar Lenazd xil~ , Deceased
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noes of xitaess)
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~. State of Florida FLOAID~I ~-~
r t700li1'Y OP P2!?~ B871CH `v~~-~2,
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The foregoing instrument ~ ledged before me this ~~--
day of Angnst, 1996, by .-.`,Lamar 1Ci.le, as Personal
Rspreseutative of the Estate of `,.~~,~p»ard File, Deceased.
~0~iRY P~IC.
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]iy c ion expires:
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Personally Enos ~ OR Pxodnced ication .•
Type of identification Produced y rn ., ~ .~i~ • T':+' :. ~ i'--•.
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a " 1, the uaderaigned, as Personal
Bepaassea iie •of the Sstats of said dQCedent, bas ezecnted this
the s
87CHIBIT "A"
Ott 9431 P~ 88~
DORdTNt *L WILh'fW~ CL~+ r''g C~IRiT~ • rL
I.Ot KBLSSY AQtBS # 2, according to the Plat thereof
ou in the Office of the Qerk of the Circuit Court
or Palm Beach County, Florid, recorded in Plat
Page a7, less ~aad except the following described
convCyed to the State of Florida by instnm~at
re ~ht Official Record Book 3697, Page 335 of
Offs cords of Palm Beach County, Florida: Ca~ence
at -f est_coraer of said Lot 47, thence Soutb
38°22' ~ west along the westerly line of said Lot 47,
a distance 68.64 feet to tha POI~i'r OF BP(iII~ATINO;
thence a South 38°22'23" west along said westerly
lice a 8 of 29.69 feet to a point on a curve
concave S westerly having a tangent bearing of South
36°18' 02° Bas through said gout; thence southeasterly
along said g a radius of 5769.58 feet, through
an angle of '39' an arc distance of 146_99 feet to
the Southeas of said Lot 47; thence North
50.45.22° Bast ~." the 8aaterly lice of said Lot 47 a
distance of 25. t to a point on a curve ccacave
Southwesterly having a tangent bearing of North
33°50.47 west said point; thence Northwesterly
aloa~g said curve a radius of 6305.45 feet through
an~angle of di°23' an arc distance of 153.58 feet to
the POINT OF
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