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10-23-2003 Frazell to Roby_Proposed Annexation 9275 Alternate A1ATHE VILLAGE;OF OCT 2003 NORTH PALM BEACH DEPARTNTNT OF PUBLIC SERVICES 645 PROSPERITY FARMS ROAD. - NORTH PALM BEACH, FLORIDA 33408 -4799 PHONE (561) 691 -3440 - FAX (561) 626 -5869 October 23, 2003 Mr. Ed Roby Al Capital L.L.C. 1285 North Harbor Drive Singer Island, FL 33404 Re: Proposed Annexation North Palm Storage 9275 Alternate AIA Dear Mr. Roby; This letter is intended to provide you with the steps required to accomplish the development you propose. These steps are the standard way of processing this type of project. In your request for review of rezoning you have proposed that the project be brought into the Village as a C -3 Zoning. Upon review of the items submitted, staff recommends that you rezone under Sec. 45 -34, Automotive Commercial District, (C -2) with a text amendment to Sec. 45 -33 adding C -1 Neighborhood Commercial District to the list of acceptable uses. The required steps are as follows; 1) Amend Comprehensive Plan per Code Sections; 21 -01. Comprehensive Plan- Adoption. 21 -1. Same - Filing fees and costs for changes. 2) Voluntary Annexation per Code Section; 21 -2. Filing fees and costs for voluntary annexation of land. 3) Zoning Text Amendment 4) Re- Zoning 5) Commercial Planned Unit Development (CPUD). 45 -35.1 1 All of the items listed can start through the approval process simultaneously or the first (4) items can be processed prior to the CPUD. The steps require Public Hearings, Review and Approval by the Planning Commission and Village Council approval. There is a required deposit for the Village Planner, Village Engineer and Advertising. The balance of the deposits will be refunded with a Full Cost of Accounting when the project is complete. You have submitted a package for site plan approval of the (CPUD). This will be taken to the Planning Commission as Preliminary Approval on November 4, 2003. Final approval cannot be applied for until the remaining setups are applied for and processed. Final approval of the (CPUD) and the other final approval of the remaining required steps can be simultaneous. We are in receipt of the annexation agreement and have forwarded it to Mr. Baldwin, Village Attorney. He has stated and recommends that the Village does not enter into this agreement for the following. reasons; 1) The agreement would circumvent , the usual process of the Village in annexation with rezoning. 2) The agreement does not appear to be in compliance with statutory requirements for a development agreement. 3) The Village would be agreeing to annexation and rezoning with the right of the Developer to seek specific performance. The Village finds your project interesting and important and will work with you throughout the process. If you have any questions or concerns, please call our office at (561) 691 -3440. Sincerely, l/` c Kristine A. Frazell, P.E. Director of Public Services Enclosure (s) cc: Doug Smith, Acting Village Manager Village Council George Baldwin, Village Attorney File 2 r PLANNING AND DEVELOPMENT § 21 -2 ARTICLE I. IN GENERAL Sec. 21.01. Comprehensive plan Adoption. Pursuant to the provisions of the "Local Gov- ernment Comprehensive Planning and Land De- velopment Regulation Act," F.S. section 163.161 et seq., the village hereby adopts the comprehen- sive plan of the village. A copy of the comprehen- sive plan of the village is attached to Ordinance No. 23 -89 and made a part thereof as exhibit A. (Ord. No. 23 -89, § 1, 11 -9 -89) Editor's note — Ordinance No. 23 -89, adopted Nov 9, 1989, specifically amend this Code; hence, inclusion of § 1 as § 21 -01 was at the discretion of the editor. Exhibit A is not printed herein, but is on file and available for reference in the office of the village clerk. Sec. 21 -1. Same — Filing fees and costs for changes. (a) Enactment and authority. Pursuant to F.S. chapter 163, the village does hereby ordain and enact into law these additional requirements for amendments to the village comprehensive plan. (b) Jurisdiction. These regulations shall gov- ern all petitions to amend the village comprehen- sive plan. (c) Fees, application. All petitions to amend the village comprehensive plan shall be done by application to the village council. The application to the village council may be made by any owner of property located within the village. Such appli- cation shall be filed with the building department of the village, which shall transmit the same, together with all legal descriptions, ownership information, requested change to the comprehen- sive plan, etc., to the village council. Any such application must be accompanied by a filing fee of three hundred dollars ($300.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village de- termining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the appli- cation. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Supp. No. 22 1345 (d) Advice of planning commission. Prior to considering an amendment to the comprehensive plan of the village, the village council shall seek the advice of the planning commission ' of the village. (Ord. No. 18 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 2, 3- 22 -01) Editor's note — Ordinance No. 4 -86, § 1, adopted April 24, 1986, repealed former § 21 -1 which pertained to the intent to proceed under state regulations and derived from Ord. No. 6 -77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. 18-87, adopted Nov 12, 1987, purported to amend the Code by adding thereto a new Ch. 41, §§ 41 -1 -41-4. For purposes of classification the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -1. Sec. 21.2. Filing fees and costs for volun- tary annexation of land. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and enact into law these additional requirements for annexation. (b) Jurisdiction. These regulations shall gov- ern all voluntary annexation of lands into the corporate limits of North Palm Beach hereafter. (c) Fees; application. All applications for vol- untary annexation of land to the village shall be done by application to the village council. The application to the village council may be made by any property owner of property contiguous to the village. Such application shall be filed with the building department of the village, which shall transmit the same, together with all legal descrip- tions, ownership information, etc., to the village council. Any such application must be accompa- nied by a filing fee of two hundred dollars ($200.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant. § 21 -2 NORTH PALM BEACH CODE (d) Advice of planning commission. Prior to annexation, the village council shall seek the advice of the planning commission of the village as to the proposed annexation. (Ord. No. 19 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 3, 3- 22 -01) Editor's note — Section 1 of Ord. No. 19-87, adopted Nov 12, 1987, purported to amend the Code by adding thereto a new Ch. 40, §§ 40 -1 -40-4. For purposes of classification, the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -2. Secs. 21.3 - 21.10. Reserved. ARTICLE II. PLANNING COMNIISSION* Sec. 21 -11. Composition; conduct .generally. (a) Created. A planning commission for the village is hereby created. (b) Membership. (1) Terms; vacancies; alternate members. The planning commission shall consist of five (5) members who shall serve for two -year terms and two (2) alternates who shall serve for one -year terms. At the first ap- pointment of members to the planning commission, three (3) regular members shall be appointed for a term of two (2) years, two (2) regular members shall be appointed for a term of one (1) year, and thereafter each appointment shall be for two -year terms. All terms shall take effect on the first day of May of each year. Alternate members of the commission shall be appointed on the same day that regu- lar members are appointed. The planning commission shall consist of one (1) land use planner or architect, one (1) architect, one (1) civil engineer, one (1) person en- 'Editor's note — Article II, §§ 21 -11, 21 -12, was included at the editor's discretion, being derived from Ord. No. 6 -77, § 2, adopted April 28, 1977, and Ord. No. 4 -78, § 2, enacted Mar. 23, 1978. Section 1 of Ord. No. 4-78 repealed former § 21 -1, pertaining to the designation of the local planning agency, derived from Ord. No. 9 -76, § 1, adopted May 27, 1976. Cross reference —Duties and powers ofplanniag commis- sion concerning appearance code, § 6-36. State law reference —Local government comprehensive planning and land development regulation act, F.S. § 163.3161 et seq. Supp. No. 22 1346 gaged in business within the corporate limits of the village, and a fifth member who need not be engaged in any particu- lar business or profession. All vacancies on the planning commission shall be filled within thirty (30) days so as to maintain the composition of the commission as set forth above. Alternate members of the planning commission shall be appointed as first alternate and second alternate and shall serve in that order when neces- sary. The members shall serve at the pleasure of the village council. (2) Chairman, quorum; compensation. The members of the planning commission shall elect a chairman from among its mem- bers. The presence of three (3) or more members shall constitute a quorum of the planning commission. The members shall serve without compensation. (c) Meetings. The planning commission shall meet At least once each month on a date to be determined by the planning commission. (d) Powers, duties. The planning commission shall have the following powers and duties: (1) Perform any duties which lawfully may be assigned to it by the village council. (2) Perform any other duties which may be assigned to it under this Code. (3) The planning commission of the village is hereby designated as the governmental entity to act as the "local planning agen- cy" in accordance with chapter 163, Flor- ida Statutes. (e) Removal. If a member of the advisory board or a designated alternate of the board is absent from three (3) regularly - scheduled meetings of the board within any twelve (12) consecutive month period without such absence being excused by majority vote of the board, the chairman of the board shall promptly notify the village council. The council may thereafter declare the member's office vacant and promptly fill such vacancy for the unexpired term of office. (Ord. No. 6 -77, § 2, 4- 28 -77; Ord. No. 4-86, § 2, 4- 24 -86; Ord. No. 18 -2001, § 5, 6- 28 -01) V J' APPENDIX C— ZONING § 45 -31.1 6. The parking lot shall not have access from a more restrictive zoning district. 7. No parking shall be permitted in the first ten (10) feet of the required front yard depth, measured from the front property line or the first ten (10) feet of a side or rear yard when the side or rear yard abuts a residential zoning district, except as modified in paragraph 4 above. The restriction against parking in the first ten (10) feet of the required front yard depth measured from the front property line shall not apply to those properties which have complied in full with the landscap- ing provisions of Chapter 41 -16 through 41 -25 [chapter 27, article III] both inclu- sive. 8. Clearly defined driveways entering on U.S. [Highway No.] 1 shall be constructed us- ing a raised curb of at least six (6) inches in height to delineate the driveways. All streets intersecting with U.S. [Highway No.] 1, currently designed driveways shall be constructed using both concrete button markers of at least four (4) inches in height placed twenty -four (24) inches apart to delineate the driveways. Such drive- ways shall have separate ingress and egress lanes not to exceed twenty (20) feet in width, exclusive of curb returns. The ingress and egress driveways shall be separated by [a] six -inch raised curb island of not less than three (3) feet in width and ten (10) feet in depth back from the right -of -way. Driveways for two (2) adjacent, separately owned parcels may be located on their joint property line. In all cases, driveways may not be located closer than forty (40) feet to an intersec- tion. Except in cases where driveways are located on joint property lines, all drive- ways must be not less than twenty -five (25) feet from the adjacent property line. Only one (1) such combined driveway shall be permitted for each lot with a width of one hundred (100) feet or less. 9. The rear yard of all lots in the C -1A district shall be designed and improved to Su&. No. 18 2493 facilitate loading and unloading. There shall be adequate space for standing, load- ing and unloading services to avoid undue interference with public use of streets or alleys. I. Time -share structures, floor area. In time- share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. J. Architecture. To provide the village with harmonious development, but without undue re- strictions, the following features are required: 1. All building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress. 2. No canopies are permitted unless con- structed of metal, or other permanent materials and are installed parallel to the store front sidewalks not less than nine (9) feet above the sidewalk. (Ord. No. 10 -72, § 1; Ord. No. 13 -72, 7- 13 -72; Ord. No. 4 -73; Ord. No. 10 -73, § 6, 9- 13 -73; Ord. No. 22 -82, §§ 2, 3, 9, 12 -9 -82; Ord. No. 23 -90, § 2, 6- 28 -90; Ord. No. 46 -96, § 1, 12- 12 -96; Ord. No. 27 -99, §§ 1, 2, 8- 12 -99) Editor's note — Section 45 -31(K) entitled "Signs" was re- pealed by Ord. No. 13 -72 enacted July 13, 1972. Sign regula- tions can be found in Chapter 6, Article V, of this Code. Sec. 45 -31.1. CB commercial district. A. General description. This tourist- commer- cial district is established to provide areas within which the principal use of land is devoted to commercial establishments and tourist - oriented trade. The intent is to reserve lands which, be- cause of particular location and natural features, are adapted to local and tourist uses, and to encourage the development of these locations for such uses and in such manner as to minimize traffic hazards and interference with other land uses. B. Uses permitted. The following uses are per- mitted in the CB commercial district: 1. Reserved. § 45 -31.1 NORTH PALM BEACH CODE 2. Restaurants and cocktail lounges where 3. No manufacturing or production of prod - food and drink may be consumed on the ucts for retail or wholesale will be permit - premises only and where eating and serv- ted. ing areas are entirely contained within the building or the premises otherwise D. Building height regulations. No building or qualify under outdoor seating provisions structure shall exceed two (2) stories or twenty - of Appendix C— Zoning, not including five (25) feet. Elevator towers and mechanical drive -in hamburger, ice cream, soft drink apparatus are not restricted to the twenty -five- or other drive -in and/or carry -out eating foot limit. establishments. 3. Financial institutions. E. Building site area regulations: 4. Professional offices. I. Minimum building lot size. The minimum lot of building site area for each commer- cial building shall be fifty thousand (50,000) 6. Personal service establishments, such as square feet and have a width of not less barbershops, beauty shops and health sa- than two hundred fifty (250) feet mea- lons. sured at the front and rear lot lines and at 7. Florist shops. the front building line. 2. Maximum lot coverage. Main and acces- sory buildings shall cover no more than 9. Stationery stores, bookstores and/or art thirty -five (35) percent of the total lot supply shops. area. 10. Pharmacies or apothecaries. 3. Minimum lot coverage. No main and ac- 11. Photographic studios and camera shops. cessory buildings shall be constructed that would occupy less than ten (10) percent of 12. Sporting goods stores. the total lot area or five thousand (5,000) 13. Personal gift shops. square feet, whichever is greater. 14. Jewelry stores. F. Yards. 15. Bakery shop, retail. [l.] Front yards. All buildings facing U.S. 16. Candy shop, retail. [Highway No.] 1 shall set back from the 17. Cigar /tobacco shop. right -of -way to provide a front yard of not less than twenty -five (25) feet. All build - 18. Seamstress. ings shall [be] set back from the right -of- 19. Shoe repair 'shop. way of streets which intersect with U.S. [Highway No.] 1 providing a yard of not 20. Tailor shop. less than twenty -five (25) feet. C. Conditions for permitted uses: [2•1 Side yards. All buildings one (1) or two (2) 1. All activities (except restaurants that qual- stories in height or less than twenty -five ify under outdoor seating provisions of (25) feet in height shall have a combined Appendix C— Zoning), sales and storage side yard minimum width of forty (40) feet. of goods must be conducted entirely within completely enclosed buildings with perma- Zero side yard setbacks are permitted nent nonmoving outside walls. provided all other requirements of this 2. No outside sidewalk or parking lot stor- section are complied with. age [or] display of merchandise will be [3.] Rear yard. All buildings less than twenty - permitted. five (25) feet in height or two (2) stories in Supp. No. 18 2494 APPENDIX C— ZONING § 45 -31.1 height shall be set back from the rear lot line so as to provide a rear yard of not less than thirty (30) feet. G. Off-street parking and loading regulations. 1. Any area once designated as required off - street parking shall not be changed to any other use unless and until equal fa- cilities are provided elsewhere. 2. Off - street parking existing at the effective date of these regulations in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a simi- lar new building or use. Uses 3. Two (2) or more buildings or uses may collectively provide the required off - street parking, in which case the required num- ber of parking spaces shall not be less than the sum of the requirements for the several individual uses computed sepa- rately. 4. The required off - street parking shall be for occupants, employees, visitors, pa- trons, and shall be limited in use to motor vehicles. The storage of merchandise, mo- tor vehicles for sale or the repair of vehi- cles is prohibited. Table of Parking Spaces Required Table of Parking Spaces Required Banks, business or professional offices excluding One (1) per three hundred (300) square feet of doctors and dentists usable floor area, plus one (1) per each three (3) employees. Barbershop or beauty shop Churches Restaurants and cocktail lounges where food and drink may be consumed on the premises only and where eating and serving areas are entirely con- tained within the building, not including drive -in hamburger, ice cream, soft drink or other drive -in and/or carry -out eating establishments Hotels, motels and tourist courts Stipp. No. 18 Two (2) per barber or three (3) per beautician based on the design capacity of the structure. One (1) per four (4) seats; or one (1) per thirty (30) square feet of usable floor area of auditorium, whichever is greater. One (1) space for each seventy -five (75) square feet of area devoted to patron use, or one (1) space per three (3) fixed seats, whichever is the greater, plus one (1) space for each one and one -half (11/2) projected employees who would be actually work- ing during peak employment hours. Three (3) spaces, plus an additional space for each guest bedroom, plus an additional space for each fifteen (15) rooms or portions thereof. For exam- ple, a fifteen -room motel would need nineteen (19) parking spaces. 2495 § 45 -31.1 Uses NORTH PALM BEACH CODE Table of Parking Spaces Required Medical and dental clinics; doctors and dentists One (1) space for each one hundred fifty (150) offices square feet of floor area up to three thousand (3,000); one (1) additional .space for each addi- tional two hundred (200) square feet up to five thousand (5,000); one (1) additional space for each additional two hundred fifty (250) square feet over five thousand (5,000). Retail stores and personal service establishments, except as otherwise specified herein Time -share units Supp. No. 18 2496 One (1) per two hundred (200) square feet of retail floor space. Off-street parking regulations. For each time - share unit structure, there shall be provided two (2) or more parking spaces of two hundred (200) square feet each, in accordance with the follow- ing formula: Two (2) such spaces shall be pro- vided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bed- rooms,. with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space; provided, however, that in multiple- family dwellings containing more than thirty (30) dwellings units, for each dwell- ing unit in excess of thirty (30) units and up to sixty (60) units one (1) such space shall be provided for each dwelling unit containing not more than two (2) bedrooms, and for each dwell- ing unit in excess of sixty (60) dwelling units one and one -half (11/2) such spaces shall be provided for each dwelling unit containing not more than two (2) bedrooms, and two and one -half (21/2) of such spaces shall be provided for each dwelling unit containing three (3) or more bedrooms, with the provision that for an uneven number of units, the fractional space result produced by the application of such formula shall count as a full space (For example: Thirty (30) dwellings units containing two (2) bedrooms each shall require sixty (60) off - street parking spaces; sixty (60) dwelling units containing two (2) bedrooms APPENDIX C ZONING § 45 -31 Uses Building lots containing five (5) or more stores, or fifteen thousand (15,000) square feet of building, Vetdrinary establishments H. Off - street parking lot layout, construction and maintenance. Whenever the required off - street parking requires the building of a parking lot, and wherever a parking lot is built, such parking lot shall be laid out, constructed and maintained in accordance with the following reg- ulations: Each parking space shall be not less than two hundred (200) square feet in area and shall be a definitely designated and marked stall adequate for one (1) motor vehicle. All areas devoted to permanent off - street parking as required under this section shall be built in accordance with specifi- cations for streets and .parking of the Village of North Palm Beach and main- tained in such manner that no dust will result from continuous use. 3. The parking lot shall be drained to elim- inate surface water. 4. Where parking lot abuts a residential district which has common frontage in the same block with the parking lot, there shall be established a setback line of twen- ty -five (25) feet from the street lot line for the first twenty -five (25) feet from the residential zone. supp. No. 21 2497 Table of Parking Spaces Required each shall require ninety (90) off - street parking spaces; and ninety (90) dwelling units contain- ing two (2) bedrooms each shall require one hundred thirty -five (135) off - street parking spac- es). There shall be a ratio of four (4) square feet of parking (including driveways required for in- gress and egress and circulation) to each one (1) square foot of retail floor space. Five (5) spaces per veterinarian based on the maximum design capacity of the facility, or five (5) spaces for every four hundred (400) square feet of usable floor space, whichever is greater. 5. Plans for the layout of a parking lot must be approved by the village engineer based on design standards approved by the In- stitute of Traffic Engineers. 6. The parking lot shall not have access from a more restrictive zoning district. 7. No parking shall be permitted in the front yard or the side yard. I. Time -share structures; floor area. In time- share structures, each dwelling unit having one (1) bedroom shall have a minimum floor area of seven hundred fifty (750) square feet; an addi- tional one hundred fifty (150) square feet of floor area shall be required for each additional bed- room provided. J. Architecture. To provide the village with harmonious development, but without undue re- strictions, the following features are required: 1. All building fronts and sides must be completely enclosed except for necessary doorways for ingress and egress. 2. No canopies are permitted unless con- structed of metal or other permanent ma- terials and [unless the canopies] are in- § 45 -31 NORTH PALM BEACH CODE stalled parallel to the store front sidewalks b. For each one and one -half (1'/2) des - not less than nine (9) feet above the side- v'alk• ignated boat storage spaces con - (Ord. No. 10 -73, § 6, 9- 13 -73; Ord. No. 1 -78, § 1, nected with wet boat storage facili- ties, there shall be provided one (1) 2 -9 -78; Ord. No. 22 -82, §§ 4,5,9,12-9-82; Ord. No. two hundred - square -foot parking 15 -84, § 2, 7- 12 -84; Ord. No. 47 -96, § 1, 12- 12 -96; Ord. No. 27 -99, §§ 3, 4, 8- 12 -99) space, exclusive of workshop and of- fice areas. Sec. 45 -32. C- 1Alimited commercial district. C. For each one hundred (100) square feet of workshop floor area, there A. Uses permitted. Within any C -IA limited shall be provided one (1) two hundred - commercial district, no building, structure, land square -foot parking space, and for or water shall be used, except for one (1) or more each two hundred (200) square feet of the following uses: of workshop area above the first floor, there shall be provided one (1) two 1. Reserved. hundred- square -foot parking space. 2. Hotels, motels and time -share units. d. For each three hundred (300) square 3. Restaurants other than drive -in restau- feet of floor area used for office pur- rants, including cocktail lounges. poses, there shall be provided one (1) two hundred - square -foot parking 4. Nursery and private schools. space. 5. Golf club and its accessory uses such as e• All new marinas and major improve - restaurant, bar, driving range and equip- ments to existing marinas shall pro - ment store. vide sewage pump -out service to boats 6. Professional offices including real estate seven (7) meters (twenty -two and ninety -seven hundredths (22.97) feet) . offices, finance offices, medical and dental in length or more. clinics and the like, providing same are architecturally and structurally in har- B. Building height regulations. No main build - mony with the spirit of the community. ing shall exceed two (2) stories or thirty (30) feet in height at the required front, rear and side 7. Marinas and their accessory uses such as building lines. For structures in excess of two (2) wet boat storage facilities, indoor dry boat stories in height, five (5) feet shall be added to the storage facilities, gasoline supplies and required front, rear and side yards for each story such minor repair facilities as are inciden- added to the building in excess of two (2). No main tal to boat storage and which do not building, however, shall occupy more than thirty - involve major boat and/or engine over - five (35) percent of the site area so required. haul, provided all facilities are architec- turally and structurally in harmony with C. Building site area regulations. the spirit of the community. Provided fur - 1. For single- and multiple - family dwelling ther that: structures, the same as required in the a. For each three thousand (3,000) cu- R -1 and R -3 districts, respectively. bic feet of designated boat storage D. Yard space regulations. space connected with indoor dry boat storage facilities and for each five 1 Front yards. hundred (500) square feet of indoor (a) For main structures of two (2) sto- retail boat display floor area, there ries or less, there shall be a front shall be provided one (1) two hundred- yard of not less than fifty (50) feet square -foot parking space, exclusive measured from the street line to the of workshop and office areas. front line of the main building. Supp. No. 21 2498 PLANNING AND DEVELOPMENT 121-2 ARTICLE I. IN GENERAL Sec. 21.01. Comprehensive plan Adoption. Pursuant to the provisions of the "Local Gov- ernment Comprehensive Planning and Land De- velopment Regulation Act," F.S. section 163.161 et seq., the village hereby adopts the comprehen- sive plan of the village. A copy of the comprehen- sive plan of the village is attached to Ordinance No. 23 -89 and made a part thereof as exhibit A. (Ord. No. 23 -89, § 1, 11 -9 -89) Editor's note — Ordinance No. 23-89, adopted Nov 9, 1989, specifically amend this Code; hence, inclusion of § 1 as § 21 -01 was at the discretion of the editor. Exhibit A is not printed herein, but is on file and available for reference in the office of the village clerk. Sec. 21 -1. Same — Filing fees and costs for changes. (a) Enactment and authority. Pursuant to F.S. chapter 163, the village does hereby ordain and enact into law these additional requirements for amendments to the village comprehensive plan. (b) Jurisdiction. These regulations shall gov- ern all petitions to amend the village comprehen- sive plan. (c) Fees, application. All petitions to amend the village comprehensive plan shall be done by application to the village council. The application to the village council may be made by any owner of property located within the village. Such appli- cation shall be filed with the building department of the village, which shall transmit the same, together with all legal descriptions, ownership information, requested change to the comprehen- sive plan, etc., to the village council. Any such application must be accompanied by a filing fee of three hundred dollars ($300.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village de- termining the actual costs, applicants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the appli- cation. If the deposit exceeds actual costs, the balance shall be refunded to applicant. Supp: No. 22 1345 (d) Advice of planning commission. Prior to considering an amendment to the comprehensive plan of the village, the village council shall seek the advice of the planning commission ' of the village. (Ord. No. 18 -87, § 1, 11- 12 -87; Ord. No. 06 -2001, § 2, 3- 22 -01) Editor's note — Ordinance No. 4 -86, § 1, adopted April 24, 1986, repealed former § 21 -1 which pertained to the intent to Proceed under state regulations and derived from Ord. No. 6 -77, adopted April 28, 1977. Subsequently, § 1 of Ord. No. 18-87, adopted Nov. 12, 1987, purported to amend the Code by adding thereto a new Ch. 41, §§ 41 -1 -41-4. For purposes of classification the editor, at his discretion, has redesignated the substantive provisions of the ordinance as § 21 -1. Sec. 21.2. Filing fees and costs for volun- tary annexation of land. (a) Enactment and authority. Pursuant to F.S. chapter 170, the village does hereby ordain and enact into law these additional requirements for annexation. (b) Jurisdiction. These regulations shall gov- ern all voluntary annexation of .lands into the corporate limits of North Palm Beach hereafter. (c) Fees; application. All applications for vol- untary annexation of land to the village shall be done by application to the village council. The application to the village council may be made by any property owner of property contiguous to the village. Such application shall be filed with the building department of the village, which shall transmit the same, together with all legal descrip- tions, ownership information, etc., to the village council. Any such application must be accompa- nied by a filing fee of two hundred dollars ($200.00) together with a deposit of the estimated costs of the village in processing the application. Upon the village determining the actual costs, appli- cants shall pay the balance, if any, in full of such costs including advertising and cost of review by the village engineer prior to final consideration of the application. If the deposit exceeds actual costs, the balance shall be refunded to applicant.