Loading...
HomeMy WebLinkAboutOrdinance_573_04/11/2002• ORDINANCE N0.573 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, APPLYING A ZONING DESIGNATION TO A PORTION OF REAL PROPERTY LOCATED ON THE NORTH SIDE OF RIVERSIDE DRIVE, WEST OF AND ADJACENT TO TEQUESTA- PINES SUBDIVISION AND THE SOUTHER PORTION OF CHAPEL COURT SUBDIVISION CONTAINING APPROXIMATELY 15.23 ACRES, TOR 1 SINGLE FAMILY DWELLING DISTRICT; MAKING 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 R-1 Single Facility Dwelling District, 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 R-1, Single Family Dwelling 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 R-1 Low Density and hereby directs the Village Staff to reflect an R-1 Single Family Dwelling 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 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 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 27~' day of September, 2001. • • • ~"~ THE FOREGOING ORDINANCE was offered by Councilmember 1~ h (~ ,who moved its adoption. The Ordinance was seconded by Councilmember Jdn ~'Yt~`~~~ ;and upon being put to a vote, the vote was as follows: MAYOR GERALDINE A. GENCO !/~ AYE NAY VICE-MAYOR JOSEPH N. CAPRETTA NAY COUNCILMEMBER EDWARD D. RESNIK AYE NAY COUNCILMEMBER BASIL E. DALACK `/ AYE NAY COUNCILMEMBER RUSSELL J. VON FRANK AYE NAY The Mayor thereupon declared the Ordinance duly passed and adopted this ~ of,, A.D, 2002. MAYOR OF TEQUESTA ~~ Gera A. Genco • I ATTEST: Village Clerk Word/Ordinances/Ord. 573 Land Use -Residential Low Density Zoning - R-1 Single Family Z 0 T The Rood Proper ~'equesta, Florida Ariel Location Map LEGAL DESCRIPTION A PARCEL OF LAND IN SECTION 25, TOWNSHIP 40 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 25 PROCEED N 89 43' S8" W, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 280.02 FEET; THENCE S 00 28' 07" E, PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER, 552.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUES 00 28' 07" E, 779.68 FEET TO THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE N 89 58' 00" W, ALONG SAID SOUTH LINE, 19.60 FEET; THENCE S 00 28' 07" E, 276.77 FEET TO A LINE PARALLEL TO AND 125.00 FEET NORTH OF THE NORTH LINE OF THE REPALT OF RIVER CREST AS RECORDED IN PLAT BOOK 21, PAGE 97, PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS; THENCE N 89 38' 40" E, ALONG SAID PARALLEL LINE, 99.77 FEET; THENCE S 00 28' 07" E,125.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID REPEAT OF RIVER CREST; THENCE S 00 21' 20" E, ALONG • THE WEST LINE OF SAID LOT 2, 124.77 FEET TO THE SOUTH LINE OF SAID REPEAT OF RIVER CREST; THENCE N 89 38' 40" E, ALONG SAID SOUTH LINE 20.00 FEET; THENCE N 00 21' 20" W, 124.77 FEET TO THE NORTH LINE OF SAID LOT 2, THENCE N 89 37' 21" E, ALONG THE NORTH LINE OF LOTS 1 AND 2 OF SAID RIVER CREST, 119.83 FEET TO A LINE 60.00 FEET WEST OF AND PARALLEL TO SAID EAST LINE OF THE NORTHWEST QUARTER; THENCE S 00 28' 07" E, 124.82 FEET TO SAID SOUTH LINE OF RIVER CREST; THENCE N 89 38' 40" E, ALONG SAID SOUTH LINE 60.00 FEET TO SAID EAST LINE OF THE NORTHWEST QUARTER; THENCE N 00 28' 07" W, 524.50 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 25; THENCE S 89 57' 25" E, ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, 420.02 FEET TO THE EAST L1NE OF THE WEST 420.00 FEET OF SAID NORTHEAST QUARTER; THENCE N 00 28' 07" W, ALONG SAID EAST LINE, 779.63 FEET; THENCE N 89 57' 25" W, PARALLEL TO SAID SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QURATER, 700.03 FEET TO THE POINT OF BEGINNING. CONTAINING 15.23 ACRES, MORE OR LESS.