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HomeMy WebLinkAboutOrdinance_587_05/13/2004 ORDINANCE NO. 587 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING THE ADOPTED VILLAGE COMPREHENSIVE PLAN, PURSUANT TO CHAPTER 163, FLORIDA STATUTES, AND CHAPTERS 9J 5 AND 9J 11, FLORIDA ADMINISTRATIVE CODE, APPLYING A COMMERCIAL LAND USE CLASSIFICATION 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, PROVIDING FOR A REVISION TO THE VILLAGE'S FUTURE LAND USE MAP; PROVIDING FOR CODIFICATION, SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. • WHEREAS, the Village Council of the Village of Tequesta has received an application for an amendment to the Future Land Use Element/Map of the Village Comprehensive Plan from the owner of real property more particularly described in Exhibit "A" attached; and WHEREAS, the Local Planning Agency has reviewed the proposed amendment to the Comprehensive Plan, applying a future land use classification of "Commercial" to the subject property, has held a properly noticed public hearing, and has recommended adoption; and WHEREAS, the Village Council, pursuant to Chapter 163, Florida Statutes, has reviewed the proposed amendment, has held two properly noticed public hearings, and has found that the amendment furthers the public health, safety and welfare; is consistent with the requirements of Chapter 163, Florida Statutes, and Rules 9J-5 and 9J-11, Florida Administrative Code; and are consistent with other elements of the Village Comprehensive Plan, the Strategic Regional Policy Plan, and the State Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL 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 ~, ~ , The proposed Comprehensive Plan Amendments as more particularly described in Exhibit "A" is determined by the Village Council to be consistent with the public health, safety, and welfare, consistent with the requirements of Chapter 163, Florida Statutes, consistent with the requirements of Rules 9J-5 and 9J-11, Florida Administrative Code, and consistent with all the elements of the adopted Village Comprehensive Plan, Strategic Regional Policy Plan, and the State Comprehensive Plan. SECTION 3.: REPEAL OF INCONSISSTENT ORDINANCE PROVISIONS All Ordinances or provisions thereof in conflict herewith are hereby repealed. • SECTION 4.: 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 affected thereby. SECTION 5.: EFFECTIVE DATE This Ordinance shall become effective when the Florida Department of Community affairs issues a final order determining this Comprehensive Plan Amendment to be in compliance with the State Comprehensive Plan, Florida Statute Chapter 163 and Rules 9J-5197-i i, Florida Administrative Code. READ AND APPROVED on First Reading by the Village Council on the 8~' day of April, 2004. THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Councihnember And upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION ~c~ A ,~.~.>~ ~C~~t ~-. ~~,hu~ 1~',ua,Q~.¢~ ~ t~ri ~v ~~m~ • The Mayor, thereupon declared the Ordinance duly passed and adopted this / ~. day of ~~ 2004. ~~, ~~~ Village Mayor ~~ ~~ Villag Jerk C7 • • 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. C. N Village of Tequesta A -~ , ~. ~.. ~~. ~~ .. ~. Tequesta Commerce`Cen,~er ~, ~ ~ ~~ _ q ~~r$t ~uo~'3 Catholic ~ht~rch~ ~;~ is _......___--_ _~~ _ Turtle Beach Construction Proposed Land Use Plan Designation & Re-Zoning ~rrently 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 Commercal Proposed Land Use Ptan Designation: Commercial Proposed Use: Construction Company Office Areas with Colored Overlays am within the Village Municipal Limits