HomeMy WebLinkAboutOrdinance_325_11/23/1983r {~ ti ~ '
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' ORUINAN{'I's NO. 325
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AN ORDINANCE OF TIIE VILLAGE OF TEQUESTA, I
FLORIDA ANNEXING CERTAIN PARCELS OF LAND
DESCRIBED HEREIN TO THE TERRITORIAL LIMITS j
OF THE VILLAGE OF TEQUESTA. I
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WHEREAS, pursuant to the Charter of the Village of
• Tequesta, and pursuant to Florida State Statute, the Village
Council has the power to annex lands contiguous to the Village
upon the petition of the owner or owners thereof; and
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WHEREAS, Chef's International - Palm BeacH, Inc., the
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owner of certain parcels of land situated in Palm Beach County,
Florida, has filed petitions with the Village Council requesting
that its lands described therein be annexed to the territorial
limits of the Village of Tequesta, Florida: ~
NOW THEREFORE, BE'~IT ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1, That the parcel of land owned by Che~'s
International - Palm Beach, Inc., and more particularly described
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as follows: ~
That part of the North 150 feet of the South 450 feet of Government)
Lot 1, Section 30, Township 40 South, Range 43 East, lying West ~f
State Road No. 5 (formerly State Road No.4) which is more particular
described as follows:
Begin at the point of intersection of the South- line of tl,e zil;~~•~
described tract with the Westerly right of way line of U.s.
Highway No. 1 (formerly State Road No, 5) being the Southeast- i
corner of the above described tract, run thence Westc,rl.y, ~; 1_~.,
the South line of said tract, a distance of 150 tee t to ~t ~; ~ i
thence Northerly; and parallel with the West right of way ling
of said U.S. Highway No. 1, a distance of 104.75 feet to a stake;
thence Easterly, parallel to said South line of said tract a
distance of 150.00 feet to a stake in the Westerly right of way
line of said U.S. Highway No, l; thence Southerly along said
Westerly right of way line of said U.S. Highway No, 1, a distance
of 104.75 feet, to the point of beginning, said lands lying and•
being in Palm Beach County, Florida.
Less and except:
The Easterly 28 feet of t}tat part of the North 150 feet of the
South 450 feet of Government Lot 1, Section 30, Township 40
South, Range 43 East, lying West of State Road No. 5 and being
more particularly described as follows:
'~ Begin at the point of intersection of the South line of the above
described tract with the Westerly right of way line of U.S.
Highway No. 1 (formerly State Road No. 5), being the SE .corner of ~
the above described tract, run-thence Westerly, along the South
line of said tract, a distance of 150 feet to a stake; thence
Northerly and parallel with the West right of way line of said
U.S. Highway No. 1, a distance of 104.75-feet to a stake thence
Easterly parallel to said South line of said tract, a distance
of 1.50 feet to a stake ire the Westerly right of way of said U,S.
Ilighway No. l; thence Southerly along said Westerly right of way
line of said U.S. Highway No, 1, a distance of 104.75 feet to
the point of beginning; being that part which lies within 51
feet Westerly of t}~e baseline of survey according to right of
I~ way map for State Road No, 5, section 93040-2503 as filed in the
Office of the Clerk of the Circuit Court of Palm Beach County,
Florida.
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ection 30, Township 90 .
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is hereby annexed and incorporated into the Village of Tequesta,
Florida, with the same force and effect as though the same had
originally been incorporated into the territorial boundaries
(thereof.
Section 3. That said land-shall be subject to all of
the ordinances, regulations and codes of the Village of Tequesta
and shall be zoned "C-2".
Section 4. That this Ordinance shall take effect upon
its approval and passage as provided by law.
THE FOREGOING ORDINANCE was offered by Councilmember
Thomas J. Little , who moved its adoption . The
Ordinance was seconded by Councilmember William E. Wagar ,
and upon being put to a vote, the vote was as follows:
FOR ADOPTION
AGAINST ADOPTION
Thomas J. Beddow
Lee M. Brown
Thomas J. Little
Carlton D. Stoddard
William E. Wagar
The Mayor thereupon declared the Ordinance duly passed
and adopted this 23rd day of November 1983.
MAYOR OF TEQUESTA
ATTEST:
VILLA CLER
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CARLTON STODDARi)
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2 RESOLUTION NO. R-84-313
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• MAR ESOLUTIOA' OF THE BOARD OF COUNTY COMMISSIONERS OF
t'<<;<;;, . ~198t~® ALM BEACli COUNTY, FLORIDA, AUTHORIZING-THE VILLAGE
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• i7 ;c+,`(;~s.A F TEQUESTA TO REZONE PROPERTY AFTER ANNEXATION,
PURSUANT TO §171.062, FLORIDA STATUTES, AND VILLAGE
~ ,~ OF TEQUESTA ORDINANCE N0. 325.
LdHEREAS, by its Ordinance No. 325, the Village of Tequesta
has requested permission from the Board of County Commissioners to
Rezone the property described therein after Annexation of -same into the
Corporate Limits of the Village; and
WHEREAS, the property is currently zoned RH (Residential High
Density) and is subject to County land use controls; and
WHEREAS, the Village proposes to Rezone the property to C-2
(General Commercial) to allow far additional parking for an existing
restaurant; and
WHEREAS, -the Comprehensive Land L'se Plan identifies the subject
site as having a Medium High to High Land Use designation allowing a
density range of 12 units per acre in a standard subdivision and 18
units per acre in a P.U.D.; and
WHEREAS, the Intergovernmental Coordination Element Section of
the Palm Beach County Comprehensive Land Use Plan (Ordinance 80-8, as
amended by Ordinances 81-27 and 82-26) provides that the Board of County
Commissioners may-find the proposed waiver request compatible with the
Gomprehensive Plan if the uses and/or densities proposed will have no
significant effect on County systems, or such effect is mitigated by
compliance with the Performance Standards; and
WHEREAS, the Planning, Zoning and Building Department has
reviewed the request and has determined that the proposed development is
inconsistent with the Comprehensive Land Use Plan .designation of Medium
to High for the subject area, but would have no significant impact upon
County Systems and, due to the size of the project, the impact from the
commercial development will not trigger the County's Performance
Standards, as outlined in the February 21, 1984 memorandum of the
Planning Director, attached hereto and made a part hereof; and
WHEREAS, Florida Statutes, §171.062 requires that when a City
` desires to Rezone property which was .previously subject to County Land
Use control, that the City must request and receive permission for such
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NOW, THEREFORE, BE IT RESOLVED BY THE EOARD OF COUNTY
COMMISSIONERS OF PALri BEACH COUNTY, FLORIDA, that:
1. The foregoing recitals are hereby affirmed and.ratified.
2. This Board finds that the Rezoning proposed by the Village
Tequesta will have no significant impact upon County systems.
3. The request of the Village of Tequesta, in its Ordinance No.
325 attached hereto and made a part hereof, is hereby approved.'
The foregoing Resolution was offered by Commissioner Koehler ,
who moved its adoption. The motion was seconded by Commissioner Bailey,
and, upon being put to a vote, the vote was a_s follows:
KENNETH G. SPILLIAS AYE
DOROTHY H. WILKEN AYE
PEGGY B. EVATT AYE
DENNIS P. KOEHLER .AYE
BILL BAILEY AYE
The Chairman thereupon declared the Resolution duly passed and
adopted this 13th day of March, 1984.
PALM BEACH COUNTY, FLORIDA, BY ITS
BOARD OF TY C0:'~2'iISSIONERS
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JOHN DU E, Clerk,` ~~~~
By: ~ /
,' Daputy~ Clerk
APPROVED AS TO FORM ~ J l ' ~ >
AND LEGAL SUFFICIENCY ~; ,J~ ~~ '
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By:
County Attorney
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Board of County Commissioners
Peggy B. Evatt , Chairman
Ken Spillias
Dennis P. Koehler
Dorothy Wilken
Bill Bailey
December 7, 1983
Mr. Robert Harp, Village Manager
Village of Tequesta
357 Tequesta Dr.
P. O. Box 3273
Tequesta, Florida 33458
Dear Mr. Harp:
County Administrator
John C. Sansbury
This letter acknowledges receipt of Ordinance No. 325 annexing certain parcels of
land described to the territorial limits of the Village of Tequesta; and your petition
for a waiver of County zoning in favor of the Village's C-2 General Commercial
District zoning classification.
Please be advised that the Palm Beach County Board of County Commissioners
officially received and filed the ordinance in their meeting of December 6, 1983.
Copies of the ordinance and request for a waiver of County zoning were forwarded
to the Planning, Zoning and Building Department for review and recommendations.
Very truly yours,
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n C. Sansbury ~ ? .- ~_ ~
County Administrator ' ~ pEC - 91983 ~
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CC Robert Basehart, Director, PZ&B "`~'
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BOX 1989 WEST PALM BEACH, FLORIDA 33401
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VILLAGE OF TEQUESTA, FLORIDA
APPLICATION FOR ANNEXATION
EXHIBIT rrA"
SIX (6) SHEETS
APPLICATION NO. 001-$3
DATE APPLICATION FILED WITH PLANTJING DEPARTMENT $-15-$3
DATE OF PLANIQING AND ~ONIiVG BOARD CONSIDERATION
PLANNIIVG AND ZONITdG BOARD RECON1i1ET;TDATION
DATE
CITY COUNCIL ACTION DA^1E
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GENERAL DATA
A. Applicant's name, address, telephone number: Chef's International-
Palm Beach, Inc., 62 Broadway, Point Pleasant, New Jersey 08742
201/295-0350
B. Owner's name, address, telephone number: Same as above
C. The subject property is located on the West side of U.S.
Highway #l, approximately 900' South of the Martin County line
and contiguous to the City limits of Tequesta.
D. Existing County zoning of subject property: General commercial
for a depth of 250 feet; the Westerly portion of the subject
property is zoned RH (residential)
E. Proposed Zoning of subject property: C-2
F. A majority of the subject property is presently used for:
Presently used and zoned in the County for restaurant purposes,
said restaurant being "Jack Baker's Lobster Shanty"
G. The proposed use of the subject property is: Restaurant and bar,
seating capacity 200, plus parking incident to the restaurant and
bar operation; proposed 3,960 square feet with covered entrance
of 700 square feet and parking spaces of 100
H. Describe briefly the nature of any improvements presently
located on the subject property: It is a restaurant building,
1,960 square feet now operated as "Jack Baker's Lobster Shanty",
formerly Wayside Inn, plus planters and covered patio and parking
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(3)
EXACT LEGAL DESCRIPTION OF PROPERTY TO BE ANNEXED
That part of the North 150 feet of the South 450 feet of Government
Lot 1, Section 30, Township 40 South, Range 43 East, lying West of
State Road No. 5 (formerly State Road No .4) which is more particularly
described as follows:
Begin at the point of intersection of the South line of the above
described tract with the Westerly right of way line of U.S.
Highway No. 1 (formerly State Road No. 5) being the Southeast
corner of the above described tract, run thence Westerly, along
the South line of said tract, a distance of 150 feet to a stake;
thence Northerly, and parallel with. the West right of way line
of said U.S. Highway No. 1, a distance of 104.75 feet to a stake;
thence Easterly, parallel to said South line of-said tract a
distance of 150.00 feet to a stake in the Westerly right of way
line of said U.S. Highway No. 1; thence Southerly along said
Westerly right of way line of said U.S. Highway No. 1, a distance
of 104.75 feet, to the point of beginning, said lands lying and
being in Palm Beach County, Florida.
Less and except:
The Easterly 28 feet of that part of the North 150 feet of the
South 450 feet of Government Lot 1, Section 30, Township 40
South, Range 43 East, lying West of State Road No. 5 and being
more particularly described as follows:
Begin at the point of intersection of the South line of the above
described tract with the Westerly right of way line of U.S.
Highway No. 1 (formerly State Road No. 5), being the SE corner of
the above described tract, run thence Westerly, along the South
line of said tract, a distance of 150 feet to a stake; thence
Northerly and parallel with the West right of way line of said
U.5. Highway No. 1, a distance of 104.75 feet to a stake thence
Easterly parallel to said South line of said tract, a distance
of 150 feet to a stake in the Westerly right of way of said U.S.
Highway No. 1; thence Southerly along said Westerly right of way
line of said U.S. Highway No. 1, a distance of 104.75 feet to
the point of beginning; being that part which lies within 51
feet Westerly of the baseline of survey according to right of
way map for State Road No. 5, section 93040-2503 as filed in the
Office of the Clerk of the Circuit Court of Palm Beach County,
Florida.
Containing 2,937 square feet of land, more or less.
Together with, the North 35 feet of the following described
property: the North 100 feet of the South 300 feet of Government
Lot 1 lying West of and contiguous to the West right of way line
of U.S. Highway No. 1, Section 30, Township 40 South, Range 43
East, Palm Beach County, Florida.
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APPLICANT'S CERTIFICATION
The undersigned affirms and certifies that the
undersigned understands and will comply with all provisions and
regulations of the Village of Tequesta, Palm Beach County,
Florida, including but not limited to said Village Charter,
ordinances, valid zoning regulations and other applicable
provisions and regulations of said Village. The undersigned
further certifies that all statements and diagrams submitted
herewith are true and accurate to the best of the undersigned's
knowledge and belief. Further, the undersigned understands
that this application and attachments become a part of the
Official Records of the Village of Tequesta, Florida, and are
not returnable.
Applicant is: CHEF'S INTERNATIONAL-PALM BEACH, INC.
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62 Broadway
Point Pleasant, New Jersey 08742
Tel: 201/295-0350
ADAMS & PERRY, P.A.
Attorney for Applicant
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JOH H. ADAMS
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ADAMS & PERRY, P.A.
50 S.E. Fourth Avenue
Delray Beach, Florida 33444
Tel: 305/276-4146
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O4dNER' S AFFIDAVIT
STATE OF -`_k-:,r _.
COUNTY OF ~ ..{ ~F~
Before me, the undersigned authority, personally
appeared ~.. ~r: ~: ~~ ., ~".~K.L~ i~_.. ~ being the
'~.~,__ d = .- of CHEF' S INTERNATIONAL-PALM BEACH, INC. ,
who being by me first duly sworn on oath deposes and says:
1. That he is the fee-simple owner of the following
described property, to-wit:
That part of the North 150 feet of the South 450 feet of Government
Lot 1, Section 30, Township 40 South, Range 43 East, lying West of
State Road No. 5 (forrerly State Road No .4) which is more particularl
described as follows:
Begin at the point of intersection of the South line of the above
described tract with the Westerly right of way line of U.S.
Highway No. 1 (formerly State Road No. 5) being the Southeast
corner of the above described tract, run thence Westerly, along
the South line of said tract, a distance of 150 feet to a stake;
thence Northerly, and parallel with the ~~est right of way line
of said U.S. Highway No. 1, a distance of 104.75 feet to a stake;
thence Easterly, parallel to said South line of said tract a
distance of 150.00 feet to a stake in the Westerly right of way
line of said U.S. Highway No. l; thence Southerly along said
Westerly right of way line of said U.S. Highway No. 1, a distance
of 104.75 feet, to the point of beginning, said lands lying and
being in Palm Beach County, Florida.
Less and except:
The Easterly 28 feet of that part of the North 150 feet of the
South 450 feet of Government Lot 1, Section 30, Township 40
South, Range 43 East, lying West of State Road No. 5 and being
more particularly described as follows:
Begin at the point of intersection of the South line of the above
described tract with the Westerly right of way line of U.S.
Highway No. 1 (formerly State Road No. 5), being the SE corner of
the above described tract, run thence Westerly, along the South
line of said tract, a distance of 150 feet to a stake; thence
Northerly and parallel with the West right of way line of said
U.S. Highway No. 1, a distance of 104.75 feet to a stake thence
Easterly parallel to said South line of said tract, a distance
of 150 feet to a stake in the Westerly right of way of said U.S.
Highway No. 1; thence Southerly along said Westerly right of way
line of said U.S. Highway No. 1, a distance of 104.75 feet to
the point of beginning; being that part which lies within 51
(6)
feet Westerly of the baseline of survey according to right of
way map for State Road No. 5, section 93040-2503 as filed in the
Office of the Clerk of the Circuit Court of Palm Beach County,
Florida.
Containing 2,937 square feet of land, more or less.
Together with, the North 35 feet of the following described
property: the North 100 feet of the South 300 feet of Government
Lot 1 lying West of and contiguous to the west right of way line
of U.S. Highway No. 1, Section 30, Township 40 South, Range 43
East, Palm Beach County, Florida.
2. That said corporation desires annexation subject
to Tequesta zoning classification C-2 zoning district.
3. Applicant has appointed JOHT1 H. ADAMS, of the
firm ADAT~IS & PERRY, P.A., Attorneys, 50 S.E. Fourth Avenue,
Delray Beach, Florida, 33444, to act as agent on its behalf
to accomplish the above.
nt (Ow3~er'~ Signature
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Sworn o and subscribed before me this ~_ day
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