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HomeMy WebLinkAboutOrdinance_07-23_5/11/2023ORDINANCE 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 -1- Section 3: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed.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 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. t t � \, S g ., i Y,•..: .i � s. 1� i i R S.iA.. - Point ill 3yy:nn;^,+;j g, P.a._. - P61'. of G.. a�ro�rarzn? r r'ir V\ t ME .t i A strip Of £-�sv! NLJO r`cer. it � ith :p;a; is 3, �I_jm 39, zarnshtp 40 Snuc§. Ra0a 43 Spat, ?Alm 3441:t +==MT, Marva, Am being wro particalatty %sxrii+ei as fallow: ..^.atmevc-irq at ^:he corwz of QZ*W sen3_ .a t 2 Of Mims 31, !cvns'aip 44 Scrf-'r„ paagn 13 Next, ..:aa tbes A9,25,42'4 aitwq ra '3Md& lira a± said Gwmian 38, a dsataum of 423.72 test to a r4cant an its *eat right-aY-vay line of zbe Mr"vL Sast Coast 3ail� y and ibiat at 30#m1sl. 74eacx 322 T.10 t/ AIM4 acid vast 'i t-uE-ray lime a distexce Of 491.71 fe to a pcist as iie Sartt "t it -My Ui of _ ftrtal a aivaen on tha Plat of .7aptter the e 91m a recarded in Plat Book U, PHga 19, pubUd aaaa ds of 34A Atza h coeaty, Mrida; tbmxn "7'34'4rS alueq said rtghz-01-w" Iiae a dtstanco of .0.00 fit. fivesa .2'4G'4i'K a 4t31:VVe of 9111.79 fast to a point lee the 9vatb lira at aatd Sacxtaa 327 thee.:+-.1-25'42-V alaeq said anct3a iirre, a dtrunae of 53.37 fast tn the Po'l t of aegiatiay. :Maifi to xin do—.1b f strip r.! Iaae c tainiaq 't.G33 A-z" wen or ?ass" SKETCH OF DEAN 1h4 i " " TH S M NOT A SURVEY NORTHERN PALM WEACH CC}Ut W WMVEMENT DISTRICT SIM WMI _ -. ....,--- Mapp- .� 3 EXHIBIT 2 VILLAGE OF TEQUESTA PROPOSED ZONING MAP LE'CE'ND COMMUNITY COMAURCL" DISTRICT CB'NZRAL COMMBRCUL DISTRICT MLUD usz SINOLS FAMILY DN'SLLINC DISTRICT MDLTIPLS FAMILY DrsurNG DISTRICT - RSCRB'ATION AND OPSN SPACB U Exhibit 2 4 Me I ,00 0i ��aN 0 .m, 'o lip oo • l5 r SS G�Pmambo D. r 0i DSO t w U a N Q Z W a ° 0 Z J a 0 a Z F w u 0 LU N X U Z 0 w 00 N W J LL _V J m a cc w F- 0 91 ORDINANCE Date 7-23 5/11 /2023 Upon Second Reading Motion Council Member Patrick Painter Second Vice -Mayor Laurie Brandon FOR AGAINST ABSENT CONFLICT Mayor Molly Young x© 11 11 ri Vice -Mayor Laurie Brandon ®x Council Member Frank D'Ambra 0 ® ®x 17 Council Member Patrick Painter 11 ® El Council Member Rick Sartory El 1:1 1:1 17 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly'Young ATTEST: Lori McWilliams, MMC Village Clerk