HomeMy WebLinkAboutOrdinance_04-09_05/14/2009ORDINANCE N0.4-09
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO
ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ.,
FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED
AMENDMENT NO. LUPA 1-09 WHICH PROVIDES FOR AN
AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING 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, AS "COMMERCIAL"; PROVIDING FOR
COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163,
FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all
municipalities draft and adopt comprehensive development plans to provide thorough
and consistent planning with regard to land within their corporate limits; and
WHEREAS, all amendments to the comprehensive development plan must be
adopted in accordance with detailed procedures which must be strictly followed; and
WHEREAS, the Village of Tequesta has recently annexed a 1.58 acre parcel of
land located at 725 U.S. Highway #1 by the adoption of Ordinance 611-06!07 on
February 8, 2007 and Ordinance 612-06/07 on May 10, 2007 and now desires to
designate that land as "Commercial" on its land use maps; and
WHEREAS, the Village of Tequesta, Florida, has initiated a small scale
amendment to its comprehensive development plan which meets all the requirements of
a "small scale" development as defined in Section 163.3187(1)(c), Florida Statutes, and
WHEREAS, the Village of Tequesta has held all duly required public hearings in
accordance with Chapter 163, Florida Statutes; and
WHEREAS, the Village Council desires to adopt the proposed amendment to its
current comprehensive development plan to guide and control the future development
of the Village, and to preserve, promote and protect the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA:
SECTION 1: The Village Council of the Village of Tequesta, Florida, hereby
adopts the amendment to its current comprehensive development plan; by providing for
the land use designation of "Commercial" for one parcel of property comprising a total of
approximately 1.58b' acres, more or less, and amending the Village's Future Land Use
Map accordingly; as attached hereto as Exhibit A and made a part hereof and of the
current comprehensive development plan.
SECTION 2: A copy of the comprehensive development plan, as amended, is on
file in the ofFce of the Village Clerk, Village of Tequesta, Florida.
SECTION 3: The Village Clerk is hereby directed to transmit one (1) copy of the
amendment to the current Comprehensive Development Plan to the State Land
Planning Agency, along with a letter indicating the cumulative number of acres involved
in small scale developments within the Village of Tequesta that the Village Council has
approved during the past calendar year, a copy of the adopting ordinance, ordinance
effective date and small scale development amendment application number in
accordance with Rule 9J-11.015, Florida Administrative Code. A copy of the above
shall also be sent to the Treasure Coast Regional Planning Council and to any other
unit of local government who has filed a written request for same.
SECTION 4: Each and every other section and subsection of the Village of
Tequesta Comprehensive Plan shall remain in full force and effect as previously
adopted.
SECTION 5: All Ordinances or parts of Ordinances in conflict be and the same
are hereby repealed.
SECTION 6: 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 7: The effective date of this plan amendment shall be thirty-one (31)
days following adoption of this Ordinance by the Village of Tequesta. No development
orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If the Ordinance is timely
challenged by an "affected person" as defined in Chapter 163, Florida Statutes, the
amendment does not become effective until a final order is issued finding the
amendment in compliance.
Upon First Reading this 9th day of April 2009, the foregoing Ordinance was offered by
Council Member Humpage who moved its adoption. The motion was seconded by
Council Member Turnquest and upon being put to a vote, the vote was as follows:
Mayor Pat Watkins
Vice-Mayor Tom Paterno
Council Member Vince Arena
Council Member Jim Humpage
Council Member Calvin Turnquest
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 14th day of May 2009, the foregoing Ordinance was offered
by Vice-Mayor Paterno who moved its adoption. The motion was seconded by Council
Member Turnquest and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice-Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage ABSENT
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 14th day of
May, 2009.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, cnnc EqL `"~~
Village Clerk = `• ~N~DAPORgT •n
~~- ~~ ~;~
Pat Watkins
LEGAL DESCRIPTION:
DEED BOOK 902, PAGE 6 %~
THAT PART OF THE NORTH 200 FEET OF C30VERNMENT 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 8N 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 GOURSE TO THE POINT OF BEGINNING.
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