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HomeMy WebLinkAboutOrdinance_576_10/10/2002 ORDINANCE NO. 576 AN ORDINANCE OF THE VII.,LAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, FLORIDA, APPLYING A ZONING DESIGNATION TO A PORTION OF REAL PROPERTY LOCATED AT 801 U.S. HIGFIWAY ONE TO G2 COMMUNITY COMMERCIAL DISTRICT; MAKING CERTAIN FINDINGS OF FACT; PROVIDING FOR REVISION OF THE VILLAGE ZONING MAP; PROVIDING FOR SEVERABILITY, AND 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 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 Courny, Florida, has received and reviewed staff recommendation to rezone the subject property to C-2 Community Commercial District; and WHEREAS, the Village of Tequesta Villa�e 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 and 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 Dwelling District is an appropriate zoning for the subj ect property. NOW THEREFORE, BE IT ORDAINED BY THE VII.,LAGE COUNCII, OF THE VILLAGE OF TEQUESTA, 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 this 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 effected 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 funding 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 Amendments effective status. READ AND APPROVED, on First Reading by the Village Council on the _ day of , 2002. 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: MAYOR GERALDINE A. GENCO ' AYE NAY ' VICE-MAYOR JOSEPH N. CAPRETTA AYE NAY COUNCILMEMBER BASII, E. DALACK AYE NAY COUNCILMEMBER RUSSELL J. VON FRANK AYE NAY COUNCII,MEMBER EDWARD D. RESNIK AYE NAY The Mayor thereupon declared the Ordinance duly passed and adopted this day of , A.D., 2001 II I Mayor Geraldine A. Genco ATTEST: Village Clerk Mary Wolcott