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Home My WebLink AboutDocumentation_Regular_Tab 15_05/14/2009 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 5/14/09 Meeting Type: Regular Ordinance #: 8-09 Consent Agenda: '",hoose an item. Resolution #: Click here to enter text. Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) 3. Ordinance 8-09, First Reading, Rezoning of Certain Real Property within the Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located at 725 U.S. Highway #1, Informally Known As The Rood-Williams Post 271, American Legion Assigned the Village Zoning Designation of "C2 -Community Commercial District -Catherine Harding, Director of Community Development 4. BUDGET /FINANCIAL IMPACT: Account #: Click here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: x Budget Transfer Required: Choose Gn Appropriate Fund Balance: Choose an item. ;tF rn 5. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinances 8-09, 9-09 and 10-09 are before the Village Council for First Reading. These ordinances will apply zoning to 3 separate areas that have recently been annexed into the Village and given Comprehensive Plan land use designations. Specifically: Ordinance 8-09 applies C2 zoning to the "Rood-Williams Post 271 American Legion" site. See also companion ordinance 4-09 on tonight's agenda for second reading of the underlying comp plan amendment. 6. APPROVALS: D~pt. Head ~ %u~.c `~~~ ~~ Attorney: (for legal sufficiency) Finance Director: eviewed for Financial Sufficiency ^ No Financial Impact Yes ^ No ^ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ ~~~i~~~~G'~/~~ ~~ ATTORNEYS AT LAW 1111 Hypoluxo Road, Suite 207 JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586-9611 BRADLEY W. BIGGS"^ KEITH W. DAVIS• R. MAX LOHMAN * Board Certified in City, County and Local Govenunent Law MICHAEL B. STEINBAUM ^ State Certified County and Circuit Court Mediator MEMORANDUM TO: Mayor Watkins, Vice Mayor Paterno, Council Members and Michael Couzzo, Village Manager CC: Lori McWilliams, CMC, Village Clerk FROM: Keith W. Davis, Esq. DATE: Apri130, 2009 RE: Ordinances 8-09, 9-09 and 10-09 Ordinances 8-09, 9-09 and 10-09 are before the Village Council for First Reading. These ordinances will apply zoning to 3 separate areas that have recently been annexed into the Village and given Comprehensive Plan land use designations. Specifically: Ordinance 8-09 applies C2 zoning to the "Rood-Williams Post 271 American Legion" site. See also companion ordinance 4-09 on tonight's agenda for second reading of the underlying comp plan amendment. Ordinance 9-09 applies C2 zoning to the "Regions Bank" site. See also companion ordinance 5-09 on tonight's agenda for second reading of the underlying comp plan amendment. Ordinance 10-09 applies Rl zoning to the "Jupiter Lighthouse Academy" site. See also companion ordinance 6-09 on tonight's agenda for second reading of the underlying comp plan amendment. If passed on First Reading, these ordinances will be before the Council for Second Reading in June. Y:\docs\Tequesta\Le[ters & Memos\May 2tb9 Agenda Items Memo ~~ ORDINANCE NO.8-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA, FLORIDA; WHICH PROPERTY CONSISTS OF ONE POINT FIVE EIGHT (1.58) ACRES OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 725 U.S. HIGHWAY #1, INFORMALLY KNOWN AS THE ROOD-WILLIAMS POST 271, AMERICAL LEGION; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF "C2 - COMMUNITY COMMERCIAL DISTRICT"; PROVIDING THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA BE AMENDED TO REFLECT THE PROPER DESIGNATION FOR THIS REAL PROPERTY; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, after duly noticed public hearings, held pursuant to Florida Statutes, the Village Council does hereby find, determine and declare that the public health, safety and general welfare of the citizens of the Village of Tequesta are best served by assigning that real property described hereinbelow, located within the Village, the zoning designation of "C2 -Community Commercial District". NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: That certain real property recently annexed into the corporate limits of the Village of Tequesta consisting of a total of approximately 1.58b' acres, more or less located at 725 U.S. Highway #1 and being informally known as the Rood-Williams Post 271, American Legion, is hereby zoned "C2 -Community Commercial District, and is legally described as follows: (See Exhibit 1 attached hereto for legal description- PCN # 60-43-40-30-00-003-0120) Section 2: The Village Zoning Map is hereby amended to conform to this Ordinance, and the appropriate officials of the Village are instructed to make the necessary changes to the official Village Zoning Map. Section 3: All Ordinances or parts of Ordinances in conflict be and the same -1- are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 5: This Ordinance shall take effect immediately upon passage. FIRST READING this 14t" day of May, 2009. SECOND AND FINAL READING this 11t" day of June, 2009. -2- LEGAL DESCRIPTION: DEED BOOK 902, PAGE 674 THAT PART OF THE NORTH 200 FEET OF GOVERNMENT LOT 3, SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING EAST OF THE PRESENTLY ESTABLISHED RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1., WITH ALL RIPARIAN RIGHTS APPERTAINING THERETO, LESS THE FOLLOWING PARCEL OF LAND AS DESCRIBED IN DEED BOOK 550, PAGE 543, PART OF THE NORTH 200 FEET OF GOVERNMENT LOT 3 IN SECTION 30, TOWNSHIP 40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, LYING EAST OF U.S. HIGHWAY NO. 1, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF BLOCK 6, JUPITER HEIGHTS SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 69, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID POINT BEING LOCATED 30.39 FEET EAST OF THE SOUTHWEST CORNER OF LOT 9, BLOCK 6, JUPITER HEIGHTS, THENCE CONTINU EASTERLY ALONG THE SOUTH LINE OF SAID BLOCK 6, 446 FEET PLUS OR MINUS TO THE HIGH WATER LINE OF JUPITER SOUND, THENCE SOUTHERLY ALONG THE SAID HIGH WATER LINE TO A POINT IN THE SOUTH LINE OF THE NORTH 200 FEET OF SAID GOVERNMENT LOT 3, THENCE WESTERLY 360 FEET PLUS OR MINUS ALONG THE SAID SOUTH LINE OF THE NORTH 200 FEET OF SAID GOVERNMENT LOT 3 TO A POINT WHICH LIES 200 FEET SOUTH AND 90 DEGREES, MEASURED FROM THE SOUTH LINE OF SAID BLOCK 6, OF THE POINT OF BEGINNING; THENCE NORTHERLY 200 FEET ON A LINE 90 DEGREES TO THE PREVIOUS COURSE TO THE POINT OF BEGINNING. i ':f. .. -.~ f-:"-. . .. .. ~~ ,fin .__. 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