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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_01/10/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 2-13 January 10, 2013 Consent Agenda: No Resolution #: Originating Department: Community Development At���l�t �TEM TITLE: (V1lording �orm the SUBJ�CT line ot your s�aff report) FIRST READING ORDINANCE NO. 2-13: 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 ZERO POINT SEVEN THREE (0.73) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 19578, 19590 AND 19600 U.S. HIGHWAY #1; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF "C-2 COMMUN�TY COMMERCIAL 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. � . . •. Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No ��tECU �UMMARY OF MAJOR ISSUES: (This is a snap shot description of the ag�nda iterr�) AN ORDINANCE OF THE VILLAGE COUNCIL PROVIDING FOR THE REZONING OF CERTAIN REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE VILLAGE OF TEQUESTA, FLORIDA; WHICH PROPERTY CONSISTS OF ZERO POINT SEVEN THREE (0.73) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 19578, 19590 AND 19600 U.S. HIGHWAY #1; PROVIDING THAT THIS REAL PROPERTY SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF "C-2 COMMUNITY COMMERCIAL DISTRICT". Department Head Finance Director - ��--�-�--��' • Reviewed for Financial Sufficiency ❑ No Financial Impact � Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: Approve Item: ❑ Deny Item: � �������� ���TRUCTI�NS F�R CLERIC: (if you wish to have aigreer��r�s si�ned, k� sure to in e t�e n�r��� �� c�pies yc a� �� signed and place "Sign Here° sticker can them) Form Amended: 10/20/11 VILL�4GE OF TEQUESTA ;� DEPARTMENT OF COMMUNITY DEVELOPMENT 'a Staff Report — Village Council-1.10.13. ORDINANCE 2-13 Rezoning of Three (3) Annexed Parcels located on US. Hwy. 1 APPLICANT: Village of Tequesta REQUEST: Rezoning the subject annexed properties located on US. Hwy. 1, according to the following chart and attached map: Village of PCN Size Palm Beach Tequesta Parcel ,4ddress County Zoning (Acres) Zoning 1 19600 US Hwy 1 00-43-40-30-02-004-0010 0.2204 CG C-2 2 19590 US Hwy 1 00-43-40-30-02-004-0050 0.2204 CG C-2 3 19578 US Hwy 1 00-43-40-30-02-004-0090 0.2870 CG C-2 Total 0.7278 Per Palm Beach County Zoning Designations:. Per Village of Tequesta Zoning Designations: CG: Commercial General C-2: Community Commercial District BACKGROUND The Village of Tequesta received a written petition signed by the owners of Parcel 1 and 3 to be annexed into the Village. Even tough the owner of parcel 2 has not petitioned the annexation, the Village of Tequesta initiated an annexation process in compliance with F. S. 171.0413 (6). A proposed area can be annexed when the owners of more than 50 percent of the parcels and of more than 50 percent of land area consent to annexation. As part of the annexation process, an Urban Service Report was filed with Palm Beach County fifteen days prior to the Village initiating proceedings in accordance with Florida Statutes Chapter 171.0413. The subject three parcels comprise one area of contiguous, compact, unincorporated territory adjacent to the Village of Tequesta, all of which has been developed for urban purposes. On November 8, 2012, the Village Council approved Ordinance No. 15-12 to annex the subject three (3) Commercial parcels located on US. Hwy. 1. The Local Planning Agency (LPA) recommended approval of Ordinance 1-13 at the December 20, 2012 meeting. =- < - -- - _ - _ Village of Tequesta- Department of Community Development — Rezoning of Annexed Parcels . , ' �1 , - � � ��1 , �_�' ^ � �i �M — �' ' J! � �+� � f �� .Yi� '.," 4 ' . �M" �,'�� � U� , � ��. "' � � "" '� _ nc ,, ,. -.� ty '�I � : �� �, � � ,,` � � . F''�' `T � - 3 O � 1�� t,( ��� c _ .. a-. m U� � # �. � � . 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'� :�i- ± � » '�:� t �� "r.� `— LL : , � . d �� , ., r ..R , � ,, � ��q = � . . �: ' � �$ i ` � O ,_ ��� �' v� O �,�,� .`� '� " f; .v Y; .. 3 v N �� � .� ``� �' ' . � � � ,� � � � w , i , ,?� e }, r � W o � ��, , z _ �� � �+ y 7 � � ,� � �' ,�,< , � 3 0 �� � t a � �'' � ;� ��oZQ � _ . � t ; = L �j _ _ - - `'�` - + �. � � � ORDINANCE NO. 2-13 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 ZERO POINT SEVEN THREE (0.73) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 19578, 19590 AND 19600 U.S. HIGHWAY #1; PROVIDING THAT THIS REAL PROPERTY WHICH IS MORE SPECIFICALLY DESCRIBED HEREIN SHALL BE ASSIGNED THE VILLAGE ZONING DESIGNATION OF "C-2 COMMUNITY COMMERCIAL 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 EFFECTNE 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 assigning that real property described hereinbelow, located within the Village, the zoning designation of"C-2 — Community Commercial District". NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: That certain real property recently annexed into the corporate limits of the Village of Tequesta consisting of a total of approximately zero point seven three (0.73) acres more or less, located on U.S. Highway #1, is hereby zoned "C-2 — Community Commercial District", and is legally described as follows: (See Exhibit 1 attached hereto for legal description- PCN # 00-43-40-30-02-004-0090, 00-43-40-30- 02-004-0050 and 00-43-40-30-02-004-0010) 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. Section 3: All Ordinances or parts of Ordinances in conflict be and the same are hereby repealed. -1- 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: This Ordinance shall take effect immediately upon passage. FIRST READING this day of , 2013. SECOND AND FINAL READING this day of , 2013. VILLAGE OF TEQUESTA -2- EXHIBIT 1 UNINCORPORATED THREE (3) COMMERCIAL PARCELS LOCATED ON US HWY 1 Parcel Address PCN Owner Size Legal Description (Acres) Longenecker Samuel JUPITER HEIGHTS LTS 1 TO 4 INC & ABND 40 FT STRIP LYG W 1 19600 US Hwy 1 00-43-40-30-02-004-0010 Trust 0.2204 & ADJ THERETO BLK 4 2 19590 US Hwy 1 00-43-40-30-02-004-0050 �udith and Viktor 0.2204 1UPITER HEIGHTS LTS 5 TO 8 INC & ABND 40 FT STRIP LYG W Bardischewski & ADJ THERETO BLK 4 Bozzuto JUPITER HEIGHTS LTS 9 TO 12 INC & ABND 40 FT STRIP LYG W 3 19578 US Hwy 1 00-43-40-30-02-004-0090 Capital.Management 0.2870 & ADJ THERETO BLK 4 Inc.