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HomeMy WebLinkAboutDocumentation_Regular_Tab 17_4/13/2023Agenda Item #17. Regular Council ad -'D STAFF MEMO Meeting: Regular Council - Apr 13 2023 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development ORDINANCE 07-23, FIRST READING, 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 ZERO THREE (1.03) ACRES, MORE OR LESS, OF LAND LOCATED IMMEDIATELY WEST OF THE FLORIDA EAST COAST RAILWAY SOUTH OF TEQUESTA DRIVE; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE RE -ZONED FROM THE VILLAGE ZONING DESIGNATION OF 66C_ 3 GENERAL COMMERCIAL DISTRICT" TO THE VILLAGE ZONING DESIGNATION OF "R/OP RECREATION/OPEN SPACE DISTRICT77; 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. ORDINANCE 07-23, FIRST READING, 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 ZERO THREE (1.03) ACRES, MORE OR LESS, OF LAND LOCATED IMMEDIATELY WEST OF THE FLORIDA EAST COAST RAILWAY SOUTH OF TEQUESTA DRIVE; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE RE -ZONED FROM THE VILLAGE ZONING DESIGNATION OF itc- 3 GENERAL COMMERCIAL DISTRICT" TO THE VILLAGE ZONING DESIGNATION OF "R/OP RECREATION/OPEN SPACE DISTRICT 7 y ; 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. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768- 0443. PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A Proposed: Projected Remaining: N/A N/A Page 263 of 556 Agenda Item #17. ORD 07-23 - rezoning memo Ord 07-23 RR Corridor Rezoning UPDATED ORD 07-23 - rezoning maps Page 264 of 556 Agenda Item #17. VILLAGE OF TEQUESTA Department of Community Development Staff Report —Village Council Meeting — April 13, 2023 Zoning Map Amendment Village Owned Parcel adjacent to FEC Railroad APPLICANT: Village of Tequesta OWNER: Village of Tequesta Request: Rezoning from C-3 General Commercial to Recreation and Open Space (R/OP) Property Information: PCN : 60-43-40-30-00-000-74500 SIZE: 1.035 acres Future Land Use (FLU): R/OP Existing Zoning: C-3 I. BACKGROUND The subject 1.035-acre parcel is South of Tequesta Drive and adjacent to the Florida East Coast (FEC) railroad. The purpose of the proposed rezoning is to provide consistency between the zoning district and the FLU designation. The proposed zoning district is Recreation and Open Space (R/OP). The current zoning district of the property is C-3 General Commercial and the current Future Land Use (FLU) designation is Recreation/Open Space (R/OP). The C-3 Zoning District allows for a wide range of commercial uses and services such as retail, automotive repair, restaurants, offices, and others. The R/OP Zoning District provides the Village with recreational and conservation uses. The below table indicates the existing FLU and zoning district for the subject property and the parcels surrounding it. 1 Page 265 of 556 Agenda Item #17. Table 1: land Uses and Zoning surrounding the Subject Property Subject Property Vacant North L Florida East Coast Rail Parcel South Town of Jupiter Vacant Parcel East Railroad / Cemex West Commercial Buildings (Renu, Cypress Animal Hospital, etc.) Zoningkistrict 0 C-3 General Commercial Single -Family Residential NZ —Not Zoned Town of Jupiter Mixed Use/C-3 General ('nmmPrrial G2 Community Commercial C-3 General Commercial Recreation and Open Space Recreation and Open Space Not designated Town of Jupiter Recreation and Open Space Commercial II. FINAL REMARKS The subject ordinance was heard by the Local Planning Agency (LPA) at the March 16, 2023 meeting and was recommended for approval by a 5-0 vote. EXISTING CONDITIONS Enclosed Documents Exhibit A — Existing Zoning Map Exhibit B — Proposed Zoning Map Exhibit C — Current Future Land Use Map 2 Page 266 of 556 Agenda Item #17. EXHEBITA VILLAQJ_TEST(-J-'E(--F TE_.LA, EXISTING Z(--)TILT (J`NLNP LECEND COMMUNITY COMMERCIAL DISTRICT GENERAL COM-MERCIAL DISTRICT FM --tj AdIA-ED USE SLVOLE FAMILY DWELLINC DISTRICT MULTIPLE FAMILY DWELLING DIS'TRTCT RECREATION AND OPEN SPACE tJE EXHIBIT B VILLAGE OF TEQUESTA PROPOSED ZONING MAP COMMUNITY COMMERCIAL DISTRICT CENER4L COMMERCIAL DISTRICT F�-::U: MfXED USE SINCLE FAMILY DWELLINO DISTRICT MULTIPLE FAMILY DWELLING DIST4RICT RECREATION AND OPEN SPACE 140 �VJ I FARM 160 1 001, 10 L . PARM �16 160 1 Page 267 of 556 Agenda Item #17. EXHIBIT C VILLAGE OF TEQUESTA CURRENT FUTURE LAND USE MAP -L-EG,El-.VD Aw RESIDENTIAL LOW D E 14SITY tMAY I PAU M 5.4 0. U. -5 PER ACRE) MEDIUM DFNSITY (5.4 - 12.0 D.U-'S PER ACREII MIXED USE w-ax.:L;sD.u.'s/Acre)* COMMERCIAL RECREATION AND OPEN SPACE CONSERVATION PUBLIC BUILDINGS AND GROUNDS OTHER PUBLIC FACILITIES C-CjRP LD RAT F I I M I T-5 Is ��R .......... d' Ave rp NO 1. OF ,E Page 268 of 556 Agenda Item #17. First Reading April 13, 2023 ORDINANCE 07-23 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 ZERO THREE (1.03) ACRES, MORE OR LESS, OF LAND LOCATED IMMEDIATELY WEST OF THE FLORIDA EAST COAST RAILWAY SOUTH OF TEQUESTA DRIVE; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE RE -ZONED FROM THE VILLAGE ZONING DESIGNATION OF "C-3 GENERAL COMMERCIAL DISTRICT" TO THE VILLAGE ZONING DESIGNATION OF "R/OP RECREATION/OPEN SPACE 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 re -zoning that real property described herein below, located within the Village, the zoning designation of "R/OP Recreation/Open Space District". NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: That certain real property located in the corporate limits of the Village of Tequesta consisting of a total of approximately one point zero three (1.03) acres, more or less, located immediately west of the Florida East Coast Railway south of Tequesta Drive, is hereby re -zoned from C-3 — General Commercial District to R/PO — Recreation/Open Space District, and is legally described as follows: (See Exhibit 1 attached hereto for sketch and legal description - PCN # 60-43-40-30-00-000- 7450 and Exhibit 2 attached hereto for proposed zoning map) 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. -1- Page 269 of 556 Agenda Item #17. First Reading April 13, 2023 Section 3: All Ordinances or parts of Ordinances in conflict be and the same 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: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon adoption. 2 Page 270 of 556 Agenda Item #17. First Reading April 13, 2023 Exhibit 1 LEGAL DESCRIPTION: A strip of land 50.00 feet in width lying in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows: Commencing at the Northwest corner of Government Lot 2 of Section 31, Township 40 South, Range 43 East, run thence N89°25'42"E along the South line of said Section 30, a distance of 423.72 feet to a point on the West right-of-way line of the Florida East Coast Railway and Point of Beginning. Thence N22°40'40"W along said west right-of-way line a distance of 891.71 feet to a point on the South Right-of-way line of El Portal a shown on the Plat of Jupiter in the Pines as recorded in Plat Book 26, Page 19, Public Records of Palm Beach County, Florida; thence N67°34'48"E along said right-of-way line a distance of 50.00 feet; thence S22°40'40"E a distance of 911.79 feet to a point on the South line of said Section 30; thence S89°25'42"W along said south line, a distance of 53. 97 feet to the Point of Beginning. Said herein described strip of land containing 1.035 Acres more or less. is E u� 4 1-1 cv r c� eNT-� SCALE 1"= 2G.9' P.O.B. = Paint of Beginning P.O.C. - Point of Commer,c-ament South Line Section 30 T40S. R43E. A strip of land 50.00 feet in width lying .in Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, and being more particularly described as follows. Commencing at the Northwest corner of Government Lot 2 of Section 31, Township 40 South, Range 43 East, run thence N59625142"E along the South line of said Section 30, a distance of 423.72 feet to a point on the west right-cf-way line of the Florida East Coast Railway and Point of Beginning. Whence N22°40140'W along said west right-of-way line a distance of 891.11 feet to a point on the South Right-cf-way line of E1 Portal a shown on the Plat of Jupiter in the Pines as recorded in Plat Book 26, Page 19, Public Records of Palm. BeachCounty, Florida; thence N67034145"E along said aright -of -way line a distance of 50.00 feet; thence S22°40140"E a distance of 911.79 feet to a point on the South line of said Section 30; thence S89°25'42"W along said south line, a distance of 53.57 feet to the Paint of Beginning. Said herein described strip of land containing 1.035 Acres more or less. 19 r 1 � '�� (1. i' THIS I NOT A SURVEY SKETCH OF DESCRIPTION [ NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 5CAa_E: 1 += 200 [)1RAWN BY: STAF= CHECKED BY: GMR DATE: 12/10/04 FIELD BOOK KP SHEET: 4& Engineers * Surveyors . Mappers jOB NF W1 BELVEDERE ROAD, WEST POLLU sEACK. ft. 011A 3.305 L0 R.u.5_ N3600 PK (5fi1jW-1151+FAX LS26,3 3 Page 271 of 556 Agenda Item #17. First Reading April 13, 2023 EXHIBIT Z VILLAGE OF TEC}UESTA PROPOSED ZONING MAP -L-EC-ED COMMUiVITY COM EACIAL DtSrjRICr GENERAL COMMERCIAL DISTRICT - r AUXE D USE - MULTIPLE FA L Y D WE LLINO DISTRICT RECREATION AND OPEN SPACE 13 Exhibit 2 El Page 272 of 556 Agenda I em #17. < CD < Paz x�'o WoN rTl (am 40! W, Alum. 0i [r w Q 6-4 ti � q V `� � V � �„ V 1-4 64 w w y w 4 k4 NN N � � w IN P., � a 50 z Pag 56 W_l enda tem #17. CL •u a � . •9 �i .n •r 'a � � Z x �O yCwN W O Q W W L7 � � O a h h 64 101 64 44 4 a � Sy0 Z� Pag 56 Agenda Item #17. 44 1 _r !l° lip_ Ji i Zw ire i a Mow. r 46 IL n 44 • • + _� 16 — re— k.: — t hk 0' w .1ml 0 u It L Ix w I CL w CL CL LU 6 CLj M- ui _ x J - J J J wUl u 0 < x > w w � w w D w J w c r, x u Z_ CL w —0 LL1 0 0 c L Pag 556