HomeMy WebLinkAboutDocumentation_Regular_Tab 09_3/10/2022Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council - Mar 10 2022
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
ORDINANCE NO. 04-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE
DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION
163.3184, ET SEQ., FLORIDA STATUTES, TO ADD AND ADOPT A PRIVATE PROPERTY RIGHTS
ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
PROVIDING A CONFLICTS CLAUSE AND SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
ORDINANCE NO. 04-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE
DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION
163.3184, ET SEQ., FLORIDA STATUTES, TO ADD AND ADOPT A PRIVATE PROPERTY RIGHTS
ELEMENT; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
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Ord. No 04-22 - Private Property Rights Comp Plan Text Amendment SECOND READING 03-10-22
Page 169 of 290
Agenda Item #9.
Second Reading March 10, 2022
ORDINANCE NO. 04-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH
THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ.,
FLORIDA STATUTES, TO ADD AND ADOPT A PRIVATE PROPERTY
RIGHTS ELEMENT; PROVIDING FOR TRANSMITTAL TO THE
STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS
CLAUSE AND SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
WHEREAS, the State Legislature of the State of Florida has mandated that all
municipalities draft and adopt Comprehensive Development Plans to provide thorough and
consistent planning with regard to land within their corporate limits; and
WHEREAS, the State Legislature of the State of Florida has also mandated that all
municipalities shall include in their Comprehensive Development Plans a property rights element
to ensure that private property rights are considered in local decision -making; and
WHEREAS, all amendments to the Comprehensive Development Plan must be adopted
in accordance with detailed procedures which must be strictly followed; and
WHEREAS, the Village of Tequesta, Florida, has carefully prepared an amendment to
its Comprehensive Development Plan in order to add a Property Rights Element; and
WHEREAS, the Village of Tequesta has held all duly required public hearings; both
prior to submission of the proposed amendments of the plan to the State Department of
Economic Opportunity and after the proposed amendment of the plan was returned to the Village
of Tequesta, in accordance with Chapter 163.3184, Florida Statutes; and
WHEREAS, the Village Council desires to adopt certain amendments to its current
Comprehensive Development Plan to guide and control the future development of the Village,
and to preserve, promote and protect the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The Village of Tequesta Comprehensive Development Plan is hereby
amended to add a "Private Property Rights Element", as follows:
1
Page 170 of 290
Agenda Item #9.
Second Reading March 10, 2022
PRIVATE PROPERTY RIGHTS ELEMENT
Goal: 1.0.0 Ensure private property rights are considered in local decision::
making to respect judicially acknowledged and constitutionally
protected private property rights and with respect for people's
rights to participate in decisions that affect their lives and
ro er .
Objective: 1.1.0 Private property rights shall be considered in local decision-
makinz based uyon the lollowjnzpolicies.
Policy: 1.1.1 Property owners shall have the right o physically possess and
control their interests in the property, including easements_
leases, or mineral ri hits.
Policy: 1.1.2 Property owners shall have the right to use, maintain, develop.
and improve their property for personal use or the use of any
other person, subject to state law and local ordinances.
Policy: 1.1.3 Property owners shall have the rightprivacv and to exclude
others from the property to protect the owner's possessions and
property.
Policy: 1.1.4 Property owners shall have the right to dispose of their
property through sale or
Objective: 2.1.0 Decision -making will be transparent, reliable, and redictable
so
that all people may participate in decisions that affect their lives
and property.
Policy: 2.1.1 All development applications, including comprehensive plan
amendments, shall be made available for public review and an
affected person/party shall be provided equal opportunity for
participation of in all associated hearings.
Page 171 of 290
Agenda Item #9.
Second Reading March 10, 2022
Section 2: A copy of the Comprehensive Development Plan, as amended, is on file in
the office of the Village Clerk, Village of Tequesta, Florida.
Section 3: The Village Clerk is hereby directed to transmit within ten (10) working
days after adoption one (1) paper copy and two (2) electronic PDF format copies of the
amendment to the current Comprehensive Development Plan to the State Land Planning Agency,
along with one copy to any other agency or unit of local government that timely provided
comments in accordance with Section 163.3184(3)(c)2, Florida Statutes.
Section 4: Each and every other section and subsection of the Village of Tequesta
Comprehensive Development Plan shall remain in full force and effect as previously adopted.
Section 5: All Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7: This plan amendment shall not become effective until 31 days after the
State Land Planning Agency notifies the Village that the plan amendment is complete. If timely
challenged, this amendment does not become effective until the State Land Planning Agency or
Administration Commission enters a final order determining the adopted amendment to be in
compliance in accordance with Section 163.3184(3)(c)4, Florida Statutes. No development
orders, development permits, or land uses dependent on this amendment may be issued or
commence before it has become effective.
t,
Page 172 of 290