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Home My WebLink AboutOrdinance_05-09_05/14/2009ORDINANCE N0.5-09 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 2-09 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING NINE TENTHS (0.9) ACRES, MORE OR LESS, OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 691 U.S. HIGHWAY #1 NORTH, INFORMALLY KNOWN AS THE REGIONS BANK SITE, 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 recently annexed four (4) parcels of land totaling approximately 0.9 acres of land located at 691 U.S. Highway #1 North by the adoption of Ordinance 620-06/07 on October 11, 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 four (4) parcels of property comprising a total of approximately 0.9V 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 office 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 Ptan 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 Turnquest who moved its adoption. The motion was seconded by Vice-Mayor Paterno 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: 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 ABSENT X The Mayor thereupon declared the Ordinance duly passed and adopted this 14th day of May, 2009. MAYOR OF TEQUESTA ATTEST: ~,~1 ~ i ~_ ~ ~ ~ C~ ~ ~ ~' 1 Lori McWilliams, CMC Village Clerk (~ Pat Watkins oo` E C7 ~` p,G F~ ,~J~~?'GpRPp~ <rpG ALL-~Clr~' ~ ANC tS~Cq 9m n y'• DAp~9q Fp , ~~° i~in~ A ~~~ ~` 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 1N 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. 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