HomeMy WebLinkAboutDocumentation_Regular_Tab 06_01/12/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 23-11
Jan. 12, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SECOND 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 S�.ace.
i �
APPROVALS: SI ATU
Department Head �-�
Finance Director �.
Reviewed for Financial Sufficiency ❑ 1 �'
Fin ncial Im act � ���' `' "(/'
No a p �
Attorney: (for legal sufficiency) �
Village Manager:
Submit for Council iscussion: ❑
Approve Item: y -��� -- ` —�
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)
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 1NITIATED 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
EFFECTNE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the State Legislatuxe 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"small scale" development
as defined in Section 163.3187, Florida Statutes, and
WHEREAS, the Village of Tequesta has held a11 duly required public hearings in accordance
with Chapter 163, Florida Statutes; 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.
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NOW, THEREFORE, BE IT ORDAINED 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 attached 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 of the
above shall also be sent to the Treasure Coast Regional Plaruung 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 sha11 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: 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 commence 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.
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— �.
DEPART(VIEfV`� �F COMIVIIJNIT'Y DEVELOPMEIV`T
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Staff Report — Village Council Hearing —1.12.12
Srrail Scale Fa�ture Land Use IViap Arnendrt�en�
Recreation and Open Space (Remembrance Park)
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�!.::. ,_..� 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 1e Existing and Future Land Uses surrounding the Subject Property
Current Us�e 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 w6th the Corvopreher�sive 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 that 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 this Element.
The parks 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 itecreation 9.evel-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 Village has 45 acres in community park and a total of 7.65 acres
in neighborhood parks. "fVeighborhood" parks are defined as facilities typically located within,
or near residential areas and are designed to serve Village residenfis, 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.
�°able 3o Current Park 5ysterr� Dernand a�d Cap�cBty
Park 1°ype Demand* l�vailable Capacity
Community Park 11.26 acres 33.77 acres
Neighborhood Park 11.26 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 �acilities and 5ervices
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
IVo 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
Pfan. This Policy requires ali 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 N0. 23-11
4
Village of Tequesta- Department of Community Development — Small Scale Map Amendment-
Exhibit C
Site Photos
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FACILITY NAME 7'RANSPOR TA. TION Tequesta, FL. 33469
� V�CANT LAND Phone: (561) 746-8424
BUSINESS LICENSE: LB� 2799
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