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HomeMy WebLinkAboutOrdinance_04-22_4/14/2022ORDINANCE 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: 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 property. Objective: 1.1.0 Private property rights shall be considered in local decision - making based upon the following policies. Policy: 1.1.1 Property owners shall have the right to physically possess and control their interests in the property, including easements, leases, or mineral rights. 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 right to privacy 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 sift. Objective: 2.1.0 Decision -making will be transparent, relic_ ble. and predictable 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. 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. 3 ORDINANCE 04-22 Date 04/14/2022 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone Mayor Molly Young Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Frank D'Ambra Council Member Aaron Johnson FOR AGAINST ABSENT CONFLICT X 11 1:1 El E M 0 El 0 El F The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young l SEAL ATTEST: INCORPORATED 4 19'Q Lori McWilliams, MMC Village Clerk