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Home My WebLink AboutDocumentation_Regular_Tab 05_07/09/2009,a ~~ 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM MEETING DATE: MEETING TYPE: ORDINANCE #: 7-9-09 LPA 23-08 REGULAR CONSENT AGENDA: RESOLUTION #: ORIGINATING DEPARTMENT: COMMUNITY DEVELOPMENT 2. AGENDA ITEM TITLE: SECOND READING OF AN ORDINANCE ADOPTING AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN. 3. BUDGET /FINANCIAL IMPACT: NONE ACCOUNT #: _!~c:'~ het-~ ~t~~, F=r~ter text. AMOUNT OF THIS ITEM: Ca;r4~ here to ester text. CURRENT BUDGETED AMOUNT AMOUNT REMAINING AFTER ITEM: AVAILABLE: ~< ',~;~; F~ x~-~ ~_ ~ + :~. ~. , c:~,~ _ ..~~ . BUDGET TRANSFER REQUIRED: Chc;~~~e APPROPRIATE FUND BALANCE: Choose an iter;~. 4. SECOND READING OF AN ORDINANCE ADOPTING AN AMENDMENT TO THE COMPREHENSIVE DEVELOPMENT PLAN WHICH PROVIDES FOR AN AMENDMENT TO THE VILLAGE LAND USE MAP DESIGNATING 8.0 ACRES OF REAL PROPERTY AS RESIDENTIAL, MEDIUM DENSITY; LOCATED AT 4534-4546 COUNTY LINE ROAD. 5. APPROVALS: Dept. Attorney: (for legal sufficiency) ~/ ~ ~, Fin~~Director: ~ ~ ~ ~~~ ` Yes No ^ Village Manager: ~-~"~_~ ~-'~ • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ ~ ..... • DENY ITEM: ^ INTER-OFFICE MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Mayor and Council Village Manager From: Community Development Catherine Harding Ref: Ordinance 23-08 Date: 6-26-09 This is the second reading of Ordinance 23-08, adopting an amendment to the Comprehensive Development Plan which provides for an amendment to the Village Land Use Map designating 8.0 acres of real property as residential, medium density; located at 4534-4546 County Line Road. ORDINANCE NO.23-08 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, PURSUANT TO A PRIVATELY INITIATED APPLICATION # LUPA 1-08 WHICH PROVIDES FOR AN AMENDMENT TO THE VILLAGE LAND USE MAP DESIGNATING 8.0±ACRES, MORE OR LESS, OF REAL PROPERTY AS "RESIDENTIAL, MEDIUM DENSITY"; WHICH PROPERTY IS LOCATED AT 4534 AND 4546 COUNTY LINE ROAD, INFORMALLY KNOWN AS THE "A PORTION OF THE OLD ROOD LANDSCAPING SITE"; FURTHER PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND A 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, all amendments to the comprehensive development plan must be adopted in accordance with detailed procedures which must be strictly followed; and WHEREAS, Section 163.3191, Florida Statutes, requires that local governments review the adopted comprehensive plan, in part, to respond to changes in local, state and regional policies along with an analysis of the major issues necessary to further the community=s goals consistent with statewide minimum standards; and WHEREAS, the Village of Tequesta, Florida, has carefully prepared an amendment to its comprehensive development plan in order to adopt a map amendment concerning a proposed residential land use designation for recently annexed property; and WHEREAS, the Village of Tequesta has held all duly required public hearings; both prior to submission of the proposed amendment of the plan to the State Department of Community Affairs and after the proposed amendment of the plan was returned to the Tequesta, in accordance with Chapter 163.3184, Florida Statutes; and WHEREAS, the Village Council desires to adopt the amendment to the current comprehensive development plan to guide and control the future development of the -1- 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 Plan is hereby amended by adopting this amendment to its current Comprehensive Development Plan dated October 1988, revised September 1989, revised February 1998 and revised July 1999. This amendment specifically provides for the land use designation of AResidential, Medium Density@ for two (2) parcels of property comprising a total of approximately 8.0`d acres, more or less, and amending the Village=s Future Land Use Map accordingly; which amendment consists of changing the existing map to the one (1) page map which is attached hereto as Exhibit AA@ and made a part hereof and of the current comprehensive development plan. 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 Community Development Director is hereby directed to transmit three (3) copies of the amendment to the current comprehensive development plan to the State Land Planning Agency, along with a copy to the Treasure Coast Regional Planning Council, and to any other unit of local government who has filed a written request for a copy, within ten (10) working days after adoption, in accordance with Section 163.3184(7), Florida Statutes. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida -2- Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Division of Community Planning, Plan Processing Team. FIRST READING this 11t" day of December, 2008. SECOND AND FINAL READING this day of , 2009. -3- Upon First Reading this 11th day of December 2008, the foregoing Ordinance was offered by Vice-Mayor Turnquest who moved its adoption. The motion was seconded by Council Member Arena and upon being put to a vote, the vote was as follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena For Adoption Against Adoption X X Council Member Calvin Turnquest X Council Member Jim Humpage X X Upon Second Reading this Click here to enter text.day of Click here to enter text.2009, the foregoing Ordinance was offered by Click here to enter text.who moved its adoption. The motion was seconded by Click here to enter text.and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquest The Mayor thereupon declared the Ordinance duly passed and adopted this Click here to enter text.day of Click here to enter text., 2009. MAYOR OF TEQUESTA ATTEST: Pat Watkins Lori McWilliams, CMC Village Clerk ... ., r ~^^ .~~ fir, .~,~...~ f ~^ ~~ ~ r i~ -i ~-sr-,.. _..,,.,_,~ ,a~ ~ - ! o', ~ ,tea ~