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Home My WebLink AboutDocumentation_Regular_Tab 09B_04/08/2004 . v t � � • , � v � � f G � N S VILLAGE OF TEQUESTA � DEPAR'Ii�IEN'I' OF COI��VIi.INI"I'Y DEVELOPMENI' ,;� Q Post Office Box 3273 • 377 Tequesta Dri�re ,�` Tequest�i, Florici�i 334C)-02�3 • (SC1) �75-�Z?0 °' ' ' 4" Fax: (.561) 575-6239 C N CO y MEMORANDUM To: Village Council Members and Michael Couzzo, Village Manager From: Carol Lux, Village Planner Date: April 1, 2004 Re: Future Land Use/Comprehensive Plan Amendment (Refened to as Turtle Beach Construction) — Small Scale Amendment Department of Community Development - Staff Report Comprehensive Land Use Plan Amendment, Small Scale Re-Zoning Subsequent to Annexation Turtle Beach Construction Turtle Beach Construction Inc., owner of the subject property, is requesting a"Commercial" land use designation for a site located on the east side of LT.S. Highway One between PaIm Court and Harbor Road South, Jupiter Heights Subdivision, Palm Beach County. The property is voluntarily being annexed into the Village. The site contains several lots that are to be developed as one overall site. The site is proposed to be developed with a two-story office building. The subject parcel consists of Lots 1-9 of Jupiter Heights, having a current Counry land use designation of Commercial High (C/5) and a County zoning of Commercial General (CG). The proposed zoning for the property after annexation is Community Commercial, C-2. The "Commercial" land use being requested pursuant to the Future Land Use element of the Village of Tequesta Comprehensive Plan is consistent with the current use of the surrounding properties that front on U.S. Highway One. The future land use request will renuire a change to the Future Land Use Map. Because this property is being annexed into the Village, the FLU Map will have to be amended to reflect the new "Commercial" designation. x�-�, ..•.%��,�� The proposed Future Land Use amendment request is consistent with the Goals, Objectives and Policies of the Village of Tequesta Comprehensive Plan. The FLU/Comprehensive Plan amendment is a"small-scale" amendment. It will be submitted to the State Department of Community Affairs (DCA) and other appropriate agencies for informational purposes, if approved. The newly appointed Planning and Zoning Board, sitting as the Local Planning Agency (LPA), will hold a duly advertised public hearing regarding this proposed Future Land Use/Comprehensive Plan amendment on April 2I, 2004. ORDINANCE NO. 588 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, APPLYING A ZONING DESIGNATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U. S. HIGHWAY ONE BETWEEN PALM COURT AND HARBOR ROAD SOUTH CONTAINING APPROXIMATELY 0.495 ACRES, TO C-2 COMMUNITY COMMERCIAL; MAKING CERTAIN FINDINGS OF FACT; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR SEVER.ABILITY, AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. WHEREAS, a rezoning application has been made to the Village of Tequesta by the property owner for real property described in Exhibit "A" attached hereto and made a part hereof, which property is subject to the jurisdiction of the Village; and WHEREAS, the Village Council of the Village of Tequesta, Palm Beach County, Florida has received and reviewed staff recommendation to rezone the subject property to G2 Community Commercial, and WHEREAS, the Village of Tequesta Village Council has held a properly noticed public hearing on the zoning application, and has recommended approval of the application; and WHEREAS, the Village Council has received and considered the Department of Community Development's recommendations and extensive expert testimony and comment from the public has held two advertised public hearings pursuant to Chapter 166, Florida Statutes on the application for the subject property, has determined that the zoning is consistent with the Comprehensive Plan of the Village, has further determined that the zoning is in the best interest of the general welfare of the Village, and that C-2, Community Commercial District is an appropriate zoning for the subject property. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTS, FLORIDA AS FOLLOWS: Section 1: INCORPORATION OF RECITALS The above recitals are incorporated as though fully set forth herein. Section 2 : FINDINGS Based upon competent substantial evidence, the Village Council of the Village of Tequesta hereby finds expressly that the rezoning of the subject property is consistent with the Village Comprehensive Plan and complies with all procedural requirements of the Village's Comprehensive Zoning Ordinance, that the rezoning is consistent with the general public welfare and in accordance with proper planning principals. SECTION 3: REZONING OF PROPERTY The Village Council of the Village of Tequesta hereby designates zoning for the subject property to C-2 Community Commercial and hereby directs the Village Staff to reflect a C-2 Community Commercial District zoning to the subject property on the official Village Zoning Map. SECTION 4: REPEAL OF INCONSISTENT ORDINANCE PROVISIONS All Ordinances or provisions thereof in conflict herewith are hereby repealed. SECTION 5: SEVERABILITY If any section, subsection, sentence, clause, or phrase of the ordinance for any reason, is held to be unconstitutional, void or otherwise invalid, the validity of the remaining portions of this Ordinance shall not be affected thereby. SECTION 6: EFFECTIVE DATE The effective date of this rezoning shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the associated Comprehensive Plan Amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administrative Commission, the rezoning may nevertheless be made effective by the adoption of the resolution affirming the Plan Amendment's effective status. READ AND APPROVED, on First Reading by the Village Council on the 8 th day of April, 2004. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember , and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor, thereupon declared the Ordinance duly passed and adopted this day of , 2004. Village Mayor Village Clerk LEGAL DESCRIPTION LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23, PAGE 69. TOGETHER WITH A PARCEL OF LAND 40 FEET 1N WIDTH, MEASURED FROM EAST TO WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TO SOUTH, LYING IMMEDIATELY WEST OF AND ADJACENT TO LOTS 1 THROUGH 9, INCLUSIVE OF BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 23, PAGE 69,1N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, PALM BEACH COUNTY, FLORIDA, THIS PROPERTY BEING THE EAST 40 FEET OF THAT CERTAIN 100 FEET DEDICATED TO THE PUBLIC LYING EAST OF U.S. HIGHWAY #1 (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD AND BETWEEN SAID ROAD AND SAID LOTS 1 THROUGH 9, INCLUSIVE, OF BLOCK 5. CONTAINING: 21,600 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF- WAY OF RECORD. 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