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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_09/13/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 12-12 September 13, 2012 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of yaur staff report) FIRST READING ORDINANCE NO. 12-12: 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 1-12 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING EIGHT TENTHS OF ONE ACRE (0.8 ACRES) OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 4534 AND 4518 COUNTY LINE ROAD, AS "MEDIUM DENSITY RESIDENTIAL"; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING A EFFECTIV DATE; AND FOR OTHER PURPOSES. � Account #: N/A �?���;,�� �� �his item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECUTIVE SUMMARY OF MAJOR IS3UES (This is a sn�p shot desc�jption of the � item) AN ORDINANCE OF THE VILLAGE COUNCIL, ADOPTING A SMALL SCALE AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN PURSUANT TO A VILLAGE INITATED AMENDMENT NO. LUPA 1-12 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING 0.8 ACRES OF LAND RECEIvTLY ANNEXED INTO THE VILLAGE LOCATED AT 4534 AND 4518 COUNTY ROAD, AS "MEDIUM DENSITY RESIDENTIAL", PROVIDING FOR COMPLIANCE WITH CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVALS: IGNATURE: Department Head -.,, 4 . ; ' • '' �, Finance Director • Reviewed for Financial Sufficiency ❑ � ''� j ?=-� No Financial Impact � - ��� Attorney: (for legal sufficiency) Village Manager: ' Submit for Council Discussion: [� Approve Item: ❑ Deny Item: � � PECIAL 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) �� 1��� VILLAGE OF TEQUESTA �; .�� ` ;' DEPARTMENT OF COMMUNITY DEVELOPMENT Staff Report — Village Council-9.13.12 Small Scale Future Land Use Map Amendment Annexed Parcels located on County Line Road APPLICANT: Village of Tequesta REQUEST: Small scale Future Land Use map amendment of the subject annexed properties located on County Line Road, according to the following chart and attached map: Palm Beach Village of Tequesta Parcel Address PCN Size County Future Future Land Use (Acres) Land Use 1 4534 County Line Rd. 00424025000010170 0.1492 LR-3 MD 4518 County Line Rd. 00424025000010010 2 0.6554 LR-3 MD 3 4412 County Line Rd. 00424025000001140 0.46 MR-1 LD 4 4480 County Line Rd. 00424025000001130 0.84 LR-3 LD 5 County Line Rd. 00424025000001131 0.0138 LR-3 LD TOTAL 2.1184 Palm Beach County Future Land Use Designations Village of Tequesta Future Land Use Designations LR-3: Low Density Residential, 3 units per acre. MD- Medium Density (5.4 — 12.0 D.U's per acre). MR-1: Medium Density Residential, 5 units per acre. LD- Low Density (Maximum 5.4 D.U's per acre). BACKGROUND The Village of Tequesta started an Annexation Strategic Plan (ASPA) in January 2011. As part of the ASPA initiative, the Village transmitted to Palm Beach County an application for an Enclave Interlocal Agreement annexation on May 14, 2012. Per Chapter 171, F.S., the subject five (5) parcels met the definition of enclave, and the total annexed area is less than 10 acres. The Village mailed letters to each property owner to communicate regarding the annexation Interlocal Agreement (see attached documents). On June 14, 2012, the Village Council approved de Interlocal Agreement with Palm Beach County; the subject document was transmitted to Palm Beach County on June 18, 2012. On July 10, 2012, the Palm Beach County Board of County Commissioners (BCC) approved the Enclave Interlocal Agreement, the annexation of the subject five (5) parcels became effective the same date. The Local Planning Agency (LPA) approved the subject Future Land Use map amendment on August 16, 2012 (voted 4-0). Village of Tequesta- Department of Community Development — Future Land Use Map Amendment- 1 VIILAGE OF T�QUESTA 357 Tequesta Drive Tequesta, FL 33469 May 21, 2012 M rs. Mary 10 Reed 507 Douglas Dr. Jupiter FL 33458-5039 Re: Interlocal Agreement between Village of Tequesta and Pa(m Beach County — PCN 00-42-40-25-00-001-0010 Dear Mrs. Reed: The Village of Tepuesta herby gives notice that the Village Council will consider adopting an Interlocal Agreement with Palm Beach County for the annexation of your property, (ocated at 4518 County Line Road, an Thursday, June 14, 2012 at 6:00 pm at the Village Council Chambers at 345 Tequesta Drive, Tequesta, Florida. Your property meets the criteria for the enclave annexation through an Interlocaf Agreement with the county pursuant to Section 171.046, Florida Statutes. Following consideration by the Village of Tequesta Council, the Intelocal Agreement will be considered by the Palm Beach County Board oi County Commissioners (BCC). Please contact Patricia Behn at 561.233.5332 for information concerning the date, time and place when the BCC will consider the adoption of the Intelocal Agreement. Should you have any questions, or require any additional information, please do not hesitate to contact me at 561.768.0557. Sincer a s. einand, Fire Chi f ing Community Development Director cc: Nilsa Zacarias, AICP Vlllage Planner VILLAGE OF TEQUESTA 357 Tequesta Drive Tequesta, FL 33469 May 21, 2012 Mr. & Mrs. Kenneth and Vanessa Mortensen P.O. Box 3868 Jupiter FL 33469-1013 Re: Interlocal Agreement between Village of Tequesta and Palm Beach County — PCN 00-42-40-25-00-001-0170 Dear Mr. & Mrs. Mortensen: The Village of Tequesta herby gives notice that the Village Council will consider adopting an Interlocal Agreement with Palm Beach County for the annexation of your property, located at 4534 County Line Road, on Thursday, June 14, 2012 at 6:00 pm at the Village Council Chambers at 345 Tequesta Drive, Tequesta, Florida. Your property meets the criteria for the enclave annexation through an Interlocal Agreement with the county pursuant to Section 171.046, Florida Statutes. Following consideration by the Villa�e of Tequesta Council, the Intelocal Agreement will be considered by the Palm Beach County Board of County Commissioners (BCC). Please contact Patricia 8ehn at 551.233.5332 for information concernin� the date, time and place when the BCC will consider the adoption of the Intelocal A�reement. , Should you have any questions, or require any additional information, please do not hesitate to contact me at 561.768.0557. � Sin�erely, � .r' / : l / / ' ` r � �":fa e .`'�Neinand, F1re Chief rng Community Development Dlrector cc: Nilsa Zacarias, AICP Village Planner _ _ , r� ; r . t z� � 'tl� � 1 , 9� ��A , C � y �'" � c � S� , #iRr � � � '. , . , . ' �� ' �� � Y" � a� �n..A � ' � ` � , . i � � 'i / � � `�� - � r ; " u� �.:. `�� ;. �i . ��, �. .�.F „ ' • .. , _ -� ,,..d,..�. « - " `"'r � ��;;" :t; ; h � � � � � vMI� � � W � � �'a;.. *A �` � 4' ��. b �:;Y M � i� . � � �_ _ a ..- . a _ °°^, " �-°--- �_--�--:�.ti� �-� s'�a"�; �� County'Line Rd� --- --_ �, T�, _ _ �;.. �_ �, _ � �;-._ a�:�� ......,,�. _�.- !— -..-_ n _� �r i � - - - - �y P �:: v . . e _ _ � � I � �� 8 Tiii"�Y�a. ,�.,•. 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ORDINANCE NO. 12-12 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 1N SECTION 163.3187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE 1NITIATED AMENDMENT NO. LUPA 1-12 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING EIGHT TENTHS OF ONE ACRE (0.8 ACRES) OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 4534 AND 4518 COUNTY LINE ROAD, AS "MEDIUM DENSITY RESIDENTIAL"; 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. WHEREAS, the State Legislature of the State of Florida has mandated that all municipaliries 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 recendy annexed two parcels of land amounting to a total of eight tenths of an acre located at 4534 and 4518 County Line Road by interlocal agreement with Palm Beach County on July 10, 2012, and now desires to designate that land as "Medium Density Residential" on its 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(1)(c), Florida Statutes, and WHEREAS, the Village of Tequesta has held all 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 compreliensive development plan to guide and control the future development of the Village, and to preserve, promote and protect the public health, safery and welfare. -1- 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 providing for the land use designarion of "Medium Densiry Residenrial" for two parcels of properry comprising a total of approximately 0.8 acres, more or less, and amending the Village's Future Land Use Map 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 indicaring 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 adopring ordinance, ordinance effecrive date and small scale development amendment application number in accordance with Rule 9J-11.015, Florida Administrarive Code. A copy of the above shall 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 paragraph, sentence or word be declared by a Court of competent jurisdicrion to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. -2- 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 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 13` day of September, 2012. SECOND AND FINAL READING this day of , 2012. -3-