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Home My WebLink AboutDocumentation_Regular_Tab 19_12/08/2011 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 23-11 Dec. 8, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) FIRST READING ORDINANCE 23-11: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED AMENDMENT NO. LUPA 2-11 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP AND THE EXISTING LAND USE MAP, RE-DESIGNATING ONE POINT SEVEN (1.7) ACRES, MORE OR LESS, OF LAND RECENTLY ACQUIRED BY THE VILLAGE OF TEQUESTA, LOCATED AT 479 SEABROOK ROAD, FROM "LOW DENSITY RESIDENTIAL" TO "RECREATION AND OPEN SPACE"; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) This is a Village initiated amendment to the Comprehensive Development Plan, Small-scale future and existing land use map amendments from Low Density Residential to Recreation and Open Space: '^ APPROVALS: SIGN Department Head _ ,� Finance Director Reviewed for Financial Suffici ❑ No Financial Impact � ' �� , Attorney: (for legal sufficienc Village Manager: ��-- �� ' Submit for Council Discussion: � '� Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place °`Sign Here" sticker on them) • ;� , VILLAGE OF TEQUESTA �� • ,� " ' <° DEPARTMENT OF COMMUNITY DEVELOPMENT Staff Report – Village Council Hearing –12.8.11 Small Scale Future Land Use Map Amendment Recreation and Open Space (Remembrance Park� .� �, � . z � � �� ,�; �-� �.�..� Request �, ; � •� �� ! "� �,y �,�'-"' `�.�, � � Small-scale future and existing land use map y �n'+. K �`�', � I -> �y.t�� R �� . ,+,� ,'� r��,`.t`� ��,° a ;�. 1�a�� .� ,�, amendments from Low Density Residential to r _ ,�% # '�"v''�'� �.,''�F �� .� - *�,�� ` Recreation and Open Space. ,� � •� Il�� \'�� y �� ' _ �- a �. � '� � ,.�` � �+ Y ��' , , ; ��+� ; �;. �:� ` �t�..J�� '� ��;��, ° � Property Information �� — �� ^ � PCN:60-42-40-25-00-000-5320 � .,I ��aC�. ,.,.. � � � �� '` � 'r � ` �� , �'"�,� {i �� ADDRESS: 479 Seabrook Road � �- � � SIZE: 1.69 acres _ � , . -� .. �r yr.r �I r � •. ' � } • ;. i: .; �� tl�F � �,; PCN:60-42-40-25-00-000-5140 � i�� . r= �,�� _��'�� ,i,,�� ADDRESS: 483 Seabrook Road � ; ��'� �� ;� �Yi�i;t:'�. `- SIZE: 0.07acres � ��_ �+. �. , .. ,.�: -_ � �� Subject Property FUTURE LAND USE: Low Density Residential APPLICANT: Village of Tequesta Background The subject 1.76 acre parcel is located at 479 Seabrook Road. The property was acquired by the Village in November 2010, with the intent to develop this parcel as green space in this predominantly residential area (Site Photos- Exhibit C). The site has an existing abandoned train depot, which will be relocated to the Town of Jupiter, per an agreement between the two municipalities. The current future land use designation of the property is Low Density Residential, which permits a maximum of 5.4 residential dwelling units per acre. Under this land use designation, a total of 9 dwelling units can be developed on the subject property. The proposed Recreation and Open Space land use category would eliminate residential development on the subject site. Existing and future land uses surrounding the property is presented in Table 1 below. • Village of Tequesta- Department of Community Development — Small Scale Map Amendment- 1 � Table 1: Existing and Future Land Uses surrounding the Subject Property Current Use Future Land Use Designation North Single-Family Residential Low Density Residential South Single-Family Residential Low Density Residential East Single-Family Residential Low Density Residential West Multi-Family Residential Medium Density Residential The Future Land Use Map (FLUM) of the Comprehensive Plan serves as a guide to land development in the Village over the next 10-year period. In order to develop a neighborhood park on the subject site, the future land use designation of the property must be changed from Low Density Residential to Recreation and Open Space in the FLUM. This application qualifies as a small-scale land use amendment in accordance with Section 163.3187, Florida Statutes, which allows the local government to adopt changes to its Future Land Use Map by ordinance, provided the land area is less than 10 acres in size, and it is not located in an area of critical state concern, and the cumulative acreage for all small-scale development amendments adopted by the local government does not exceed 120 acres per calendar year. Consistency with the Comprehensive Plan Any proposed amendment to the Village's Comprehensive Plan must demonstrate consistency with the Plan's goals, objectives and policies. The following policies are most relevant to this proposed Future Land Use Map amendment. • FLUE Policy 1.3.8: Strive for compatible developments thar will benefit the Village and complement the aesthetic character of the community. The proposed Recreation and Open Space land use designation is appropriate and compatible for the subject site and surrounding area. The property is located within a residential neighborhood, and the size of the site is a good candidate for the development of a neighborhood park. Additionally, there are many benefits to developing a neighborhood park within a residential community. These benefits include: the creation of recreational opportunities in close proximity for residents in the area, improved quality of life, and enhanced aesthetic character of the community. ROSE Policy 1.4.2: Strive to meet minimum standards for recreation and open space, service areas, and facilities as established in the Policy 1.4.5 of rhis Element. The �►arks and recreation level-of-service analysis provided below shows that the Village is not meeting its adopted level-of-service standard for neighborhood parks. Approval of the land use amendment to Parks and Open Space will help address the existing deficiency by increasing the acreage and capacity of neighborhood parks in the Village. Parks and Recreation level-of-service Analysis • The Village currently has a total of 4 parks with a cumulative acreage of 52.65 acres. Table 2 below presents information on each of the parks. 2 Village of Tequesta- Department of Community Development — Small Scale Map Amendment- � Table 2: Existing Park Land Inventory Park Name Park Type Acreage Tequesta Park Community 45 Paradise Park Neighborhood 2.21 Constitution Park Neighborhood 3.94 Village Green Park Neighborhood 1.5 According to Table 2 above, the Vitlage has 45 acres in community park and a total of 7.65 acres in neighborhood parks. "Neighborhood" parks are defined as facilities typically located within, or near residential areas and are designed to serve Village residents, whereas "Community" type facilities are designed to serve the general community. The Village adopts a level-of-service (LOS) standard of 2 acres of park space for every 1,000 population for both community and neighborhood parks. Utilizing this LOS standard, the demand and capacity for community and neighborhood parks is calculated. Table 3 below shows the Village's current park demand and capacity. Table 3: Current Park System Demand and Capacity Park Type Demand* Available Capacity • Community Park 11.26 acres 33.77 acres Neighborhood Park 11.26 acres -3.61 acres *Demand is based on the Village' current population of 5,629 (2010 U.S. Census). If the subject site is approved for a land use change to Recreation and Open Space, the Village's neighborhood park acreage would increase to 9.41 acres and reduce the neighborhood park deficit to 1.85 acres from 3.61. Other Public Facilities and Services State law requires all applications for land use amendments to evaluate the availability and adequacy of public facilities to accommodate the proposed change. A summary of the Village's public facilities and service impacts with the proposed land use change is provided below. Traffic No traffic impacts are expected with the proposed land use. Potable Water No significant impacts are expected. Sanitary Sewer No significant impacts are expected. • Solid Waste No significant impacts are expected. 3 Village of Tequesta- Department of Community Development — Small Scale Map Amendment- • Public Schools Residential use is not permitted in the proposed Recreation and Open Space land use. Thus, no students will be generated in this area. Parks and Recreation Approval of the proposed land use change will increase park acreage in the Village to 9.41 acres of neighborhood parks. Staff Analysis The subject property presents itself as a suitable and compatible location for the Recreation and Open Space land use designation. Since it is located within a residential zoning district, the proposed neighborhood park will offer many benefits for residents in the area, including recreational opportunities in close proximity, improved quality of life, increased community interaction, and enhanced aesthetic character of the neighborhood. New green space property is difficult to obtain in this predominantly built-out municipality and additional green space is required to meet level-of-service (LOS) standard for parks and recreation. The parks and recreation level-of-service analysis provided in this report identifies an existing deficit of 3.61 acres in neighborhood parks. The approval of this land use amendment to Recreation and Open Space will reduce the neighborhood park deficit to 1.85 • acres and improve park capacity, which is needed in the Village to achieve LOS. Additionally, adequate public facilities and services will be maintained to serve the subject site and surrounding area with the land use change. Permitted uses in the Recreation and Open Space land use designation are low impact uses, and thus the impact to public facilities and services serving the Village will be insignificant. The proposed land use amendment is consistent with the goals, objectives and policies of the Village's Comprehensive Plan. The land use amendment will improve recreational opportunities for residents, and enhance the aesthetic character of the Village. The proposed land use is also compatible with its surround area, and will help to achieve level-of-service standards for parks and recreation within the Village. When this application is approved, the Village will be required to rezone the property to the Recreation/Open Space (R/OP) zoning district in accordance with Policy 1.2.1 of the Recreation and Open Space Element of the Comprehensive Plan. This Policy requires all properties targeted for recreation and open space use to be rezoned to ensure the land will be utilized for recreation and open space purposes. Attachments and Supporting Documents Exhibit A—Current and Proposed Future Land Use Map Exhibit B— Current and Proposed Existing Land Use Map • Exhibit C — Site Photos Exhibit D- Ordinance NO. 23-11 4 Village of Tequesta- Department of Community Development — Small Scale Map Amendment- �T�LLAG� 0� TEQLJ�STA C URRE'N T F U T UR.E' LA ND U,S'E' MA P E'XHIBI T A > � o e�� ti � o� .� � ��y �� .� � � � � � � � o . o � ----�-- � � SUBJECT PROPEFZT�►' �,, WILLOW ROAD W I �� : � , S AY LACE cn z ,. w ,� � -- � i �--��----- ^�-�� PINETREE CIRCLE � , , i OCTOBER 2011 LE' GE'ND N RESIDENTIAL � LOW DENSITY (MAXIMUM o.4 D.U.'S PER ACRE) MEDIiJM DENSITY (5.4 — 12.0 D.U.'S PER ACRE) � RECREA TION AND OPEN SPA CE DAI LEY PUBLIC B UILDINGS AND GRD UNDS AND ASSOCIATES, INC. Surveyin and Mapping FACILITY NAME TRANSPORTATION 112 N. U.S. Highway No. 1 � Tequesta, FL. 33469 VACANT LAND Phone: (561) 746-8424 LoT oR TRACT LINES BUSINESS LICENSE: LB# 2799 �TILI�A�� OF' T�Q�CJ�STA PR OPO SE'D F LT T URE' LAND USE' 11�1.AP E'XHIBI T A,2 � o e�� ti 4 0� ��v � �� ' � � x �,, 0 \,`� ° ; ., oa ; � w �i � �� L�JECT PROPERTY i � �, WILLOW ROAD W , i � S AY LACE H � w I Q a� d C7 - � PINETREE CIRCLE OCTOBER 2011 LE'GEND N RESIDENTIAL � LOW DENSITY (1viAXIMUM 5.4 D.U.'S PER A�RE) � MEDIUM DENSITY (5.4 - 12.0 D.U.'S PER ACRE) � RECREATION AND OPEN SPACE DAILEY � PUBLIC B UILDINGS AND GRO UNDS AND ASSOCIATES, INC. Surveyin and Mapping FACILITY NAME TRANSPORTATION 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 � VA CANT LAND Phone: (561) 746-8424 LoT oR TRACT LINES BUSINESS LICENSE: LB# 2799 �TI�,LAG� ��' T�QtJ�ES'I C'UI-�RE'NT E'XI,S'TING L�.NI� U,S'E' 111�1P E'XHIBI T B > � o Q� �� v � o� , �� 9 d �� x O . _..., O _ � � ------ � �� d � SUBJECT' �'RUPERTY � WILLOW ROAD � I � � � -- S �Y LACE I � � � �� I W Q � C'7 � �-- —� -� —� PINETREE CIRCLE --�--- I � OCTOBER 2011 LEGEND �J RESIDENTIAL � LOW DENSITY (MAXIMUl�i 5.4 D.U.'S PER ACRE) � MEDIUM DENSITY (5.4 - 12.0 D.U.'S PER ACRE) n RECREA TION AND OPE'N SPA CE DAILEY PUBLIC BUILDINGS AND GROUNDS AND ASSOCIATES, INC. Surveyin and Mapping FACILITY NAME TRANSPORTATION 112 N. U.S. Highway No. 1 Tequesta, FL. 33469 � VACANT LAND Phone: (561) 746-8424 LoT oR TRACT LINES BUSINESS LICENSE: LB# 2799 �TILLA�� F' TEQ�J�STA PR OPO SE'D �'XIS TI1VG LAND ZTSE' 1�I�1P .E'XHIB I T B ,2 / � o�'� �� tiv ��'� � � � �� x 0 0 . .. . . ,, � i i � -- --- �� ; � '�(��BJEC:T PRUPERT�Y' I_� � ' ' I WILLOW ROAD w ' ' ' ; W i — S IAY F�LACF i i � � � � � Z W i I d � � ___..�_.__ _1__-�--- PINETREE CIRCLE OCTOBER 2011 LEGEND N RESIDENTIAL � LOW DENSITY (MAXIMLM 5.4 D.U.'S PER ACRE) � MEDIUM DENSITY (5.4 - 12.0 D.U.'S PER ACRE) n RECREATION AND OPEN SPACE DA ILEY AND ASSOCIATES, INC. n PUBLIC BUILDINGS AND GROUNDS Surveying and Mapping 112 N. U.S. Highway No. 1 FACILITY NAME TRANSPOR TA TION Tequesta, FL. 33469 VACANT LAND Phone: (561) 746-8424 � BUSINESS LICENSE: LB# 2799 LOT OR TRACT LINES Exhibit C • Site Photos � ,; � .�... s � �, � Y:x, ,; ; t�, '' ,,, � '� �� . _ h � �'-�, _. �' _ ' � � P�' :1 �- -X,,�, ,� � ' - s � .��y,�'� � ��' � t+'�.a , - ' ' �� . x*''z� ,� r' � z` "� : "' �. _ � � r _ � ``'��+� �° �:� ,� � �, �' %-�� ,} �'+�; � '` �,7 � � �� i' ' � � r � �';e�F � �� / Y f ' F � . s y � � ' � ` �.� �� '.. � l. . � 6 n�. K �; , 4) � � .ar� _ _ �'IT_ � c. � ` �'. � � , i.. ' I �r, . _� ., .. ' ,.. ""^roi� , _ _�. l.�� :., i � ,� ..:i 1 ,.: „j '�- (!`.t!!L 0 1, ;°� ...1�-1 � . I -. . .e. M . � ,. . � -- - ��...,i►"` ,.- � i F-� � � :_ �� -�- - ,� ,� �-� u __ �_� � �. , ��-�► . _ . . _ ,�� . . �� :,. � . �.�. � ,�,� �.. �-. � _ I _ , . 6 '� i�, — ,e._ - tiyif� _ _;�'' __ ••-.: -- �d. 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':"� �'�..�a,s. k ;". f � � � n i �- Y . , r _._,� -"`,�.,W �..._ �_._.J '_ __ _ . � _ .'�? .�.-s '1. �. .. . .. .:'t -�. '�� . � G'� . f- _- ... ORDINANCE NO. 23-11 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED AMENDMENT NO. LUPA 2-11 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP AND THE EXISTING LAND USE MAP, RE-DESIGNATING ONE POINT SEVEN (1.7) ACRES, MORE OR LESS, OF LAND RECENTLY ACQUIRED BY THE VILLAGE OF TEQUESTA, LOCATED AT 479 SEABROOK ROAD, FROM "LOW DENSITY RESIDENTIAL" TO "RECREATION AND OPEN SPACE"; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVER.ABILITY CLAUSE; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that a11 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, the Village of Tequesta has recently acquired two parcels of land comprising a total of 1.7 acres, more or less, located at 479 Seabrook Road, and now desires to re-designate that land from "Low Density Residential" to "Recreation and Open Space" on its existing and future land use maps; and WHEREAS, the Village of Tequesta, Florida, has initiated a small scale amendment to its comprehensive development plan which meets all the requirements of a"sma11 scale" development as defined in Section 163.3187, Florida Statutes, and WHEREAS, the Village of Tequesta has held all duly required public hearings in accordance with Chapter 163, Florida Sta.tutes; and WHEREAS, the Village Council desires to adopt the proposed amendment 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. • -1- NOW, THEREFORE, BE IT OR.DAINED BY THE VILLAGE COUNCIL OF THE • VILLAGE OF TEQUESTA: SECTION 1: The Village Council of the Village of Tequesta, Florida, hereby adopts the amendment to its current comprehensive development plan; by re-designating from "Low Density Residential" to "Recreation and Open Space" two parcels of property comprising a total of approximately 1.7 acres, more or less, and amending the Village's Future and Existing Land Use Maps accordingly; as atta.ched hereto as Exhibit A 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 Village Clerk is hereby directed to transmit one (1) copy of the amendment to the current Comprehensive Development Plan to the State Land Planning Agency, along with a letter indicating the cumulative number of acres involved in small scale developments within the Village of Tequesta that the Village Council has approved during the past calendar year, a • copy of the adopting ordinance, ordinance effective date and small scale development amendment application number in accordance with Rule 9J-11.015, Florida Administrative Code. A copy ofthe above sha11 also be sent to the Treasure Coast Regional Planning Council and to any other unit of local government who has filed a written request for same. SECTION 4: Each and every other section and subsection of the Village of Tequesta Comprehensive 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 paragra.ph, 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: The effective date of this plan amendment shall be thirty-one (31) days following adoption of this Ordinance by the Village of Tequesta. No development orders, development permits, or land uses dependent on this amendment may be issued or comrnence before • -2- it has become effective. If the Ordinance is timely challenged by an"affected person" as defined in • Chapter 163, Florida Statutes, the amendment does not become effective until a final order is issued finding the amendment in compliance. FIRST READING this day of , 2011. SECOND AND FINAL READING this day of , 2011. • • -3-