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Home My WebLink AboutDocumentation_Regular_Tab 17_05/14/20091. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 5/14/09 Meeting Type: Regular Ordinance #: 10-09 Consent Agenda: Choose an iterrr. Resolution #: Click here to enter text. Originating Department: Community Development 1. AGENDA I 1 EM TITLE: (Wording Corm the SUBJECT line of your staff report) 3. • Ordinance 10-09, First Reading, Rezoning of Certain Real Property within the Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located at 4390 County Line Road Assigned the Village Zoning Designation of "R1 -Single Family Dwelling 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: ~,ilt',~ h :rr ~ 'ilt~' . _.:. r.° ~ ~ _,n ;~l~r ~ }~,, ar.i J_t.. ,~x~. Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. iter 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 10-09 applies R1 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. 6. APPROVALS: ;~F~Y1 CC:,~>rn- - 6Z~~-a-~~ Dept. Head: LK.~`.~1i.,Q/LC,~~ ~1/KLt.--,~ Finance Director: % Reviewed for Financial Sufficiency No Financial Impact Attorney: (for legal sufficiency) Yes ^ No ^ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ ATTORNEYS AT LAW 1111 Hypoluxo Road, Suite 207 ~~ ~~.~.~~6~ 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 Govemment 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:Wocs\TequestaU.eaers & MemosUNay 2009 Agenda Items Memo ORDINANCE NO. 10-09 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 THREE AND ONE TENTHS (3.1) ACRES OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 4390 COUNTY LINE ROAD, INFORMALLY KNOWN AS THE JUPITER LIGHTHOUSE ACADEMY; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF "R1 -SINGLE FAMILY DWELLING 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 "R1 -Single Family Dwelling 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 two (2) parcels of property comprising a total of approximately 3.1 d acres, more or less, informally known as the Jupiter Lighthouse Academy site, is hereby zoned "R1 -Single Family Dwelling District, and is legally described as follows: (See Exhibit 1 attached hereto for legal description- PCN # 60-42-40-25-00-000-1190) 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 14th day of May, 2009. SECOND AND FINAL READING this 11th day of June, 2009. -2- LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: STARTING FROM A POINT 420 FEET EAST AND 200 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST QUARTER AND RUNNING EAST 100 FEET; THENCE NORTH 200 FEET TO PALM BEACH- MARTIN COUNTY LINE; THENCE EAST AGAIN 140 FEET ON SAID LINE; THENCE SOUTH 1320 FEET; THENCE WEST 240 FEET; THENCE NORTH 1120 FEET TO THE POINT OF BEGINNING. BEING THE SAME PROPERTY OONVEYED TO PALM BIBLE CHAPEL, INC., FROM LEONARD SANSONE AND FRANCES LAUISE SANSONE, HIS WIFE, BY WARRANTY DEED RECORDED IN O.R. BOOK 2167 PAGES 1080. LESS THE FOLLOWING DESC3IBED PARCEL; A PARCEL OF LAND LYING IN AND BEING PART OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH OOUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 240 FEET OF THE WEST 660 FEET OF THE NORTHWEST QUARTER (N.W. Y4), OF THE NORTHEAST QUARTER (N.E. Va), OF SECTION 25; LESS THE NORTH 640 FEET THEREOF. LESS RIGHT OF WAY; A PARCEL OF LAND IN THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 50 FEET OF THE NORTH 640 FEET OF THE EAST 240 FEET OF THE WEST 660 FEET OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EASE, LESS THE WEST 100 FEET OF THE NORTH 200 FEET OF THE ABOVE DESCRIBED LAND AND LESS THE EXISTING RIGHT-OF-WAY OF COUNTY LINE ROAD. d~ c RAILROAD d .~ COUNTY LINE Rf]AD D ~~ f ~ t3' Cl ~ ? ~ f*1 D r ~ o ~' D ~ 2 d ~ ~ 9.C I:OCATION ~+IAP' cNO~r m cotter He~ir~g J~JG~''' wr~c~e ~4~,~rrty ..E .~.. '`" :~ or w