HomeMy WebLinkAboutOrdinance_588_05/13/2004J
ORDINANCE N0.588
AN ORDINANCE OF THE VILLAGE COUNCII., 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
APPRO?OMATELY 0.495 ACRES, TO C-2
COMMUNITY COMMERCIAL; MAI{ING CERTAIN
FINDINGS OF FACT; PROVIDING FOR REVISION
OF THE VILLAGE ZONING MAP; PROVIDING FOR
SEVERABILITY, 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 C-2 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.
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Section 2• FINDINGS
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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
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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 8a' 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:
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FOR ADOPTION
AGAINST ADOPTION
The Mayor?, thereupon declared the Ordinance duly passed and adopted this 1~~-~
day of _~~ 0 2004.
Village Cler
Village Mayor
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• 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 IN 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, IN 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.
Word/Ordinances/Ord. 573
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Village of Tequesta A
Currently In Unincorporated Palm Beach County
Current Land Use: C!5
Current Zoning: Commercial General (CG)
Current Use: Vacant
Proposed Annexation into Tequesta
Proposed Zoning: C-2 Community Commercial
Proposed Land Use Plan Designation: Commercial
Proposed Use: Construction Company Office
Areas with Colored Overlays are within the Village Municipal Limits
Turtle Beach Construction
Proposed Land Use Plan Designation & Re-Zoning