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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_10/11/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 10-12 October 11, 2012 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEM TITLE: (Wording form tt►e SUBJECT line af your staff reQort) SECOND READING ORDINANCE NO. 10-12: 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 INIT�ATED AMENDMENT NO. LUPA 2-12 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING ONE POINT THREE TWO (1.32) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE AT 4412 AND 4480 COUNTY LINE ROAD AS WELL AS THE LIFT STATION LOCATED ADJACENT THERETO, AS "LOW 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. � . . -. Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No SU :�TJhi,s �� a�p descriptian of the �genda �ern) 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 2-12 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING ONE POINT THREE TWO (1.32) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE AT 4412 AND 4480 COUNTY LINE ROAD AS WELL AS THE LIFT STATION LOCATED ADJACENT THERETO, AS "LOW DENSITY RESIDENTIAL"; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF CHAPTER 163, FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PR OVIDING AN EFF ECTIVE DATE; AND FOR OTHER PU RPOSE S. APP�E��/ALS: � � �� �" Department Head Finance Director: � . Reviewed for Financial Sufficiency❑ ' �;' No Financial Impact � i Attorney: (for legal sufficiency) 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 nu mber o copies yo want signed and place "Sig Here" sti cker o th em) ORDINANCE NO iai2 AN ORDINANCE OF TI� VII.,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTIlVG A SMALL SCALE AMENDMENT TO ITS COMPREHENSNE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 1633187, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE IlVITIATED AMENDMENT NO. LUPA 2-12 VV�-IICH PROVIDES FOR AN AMENDMENT TO TI-iE FUTURE LAND USE MAP, DESIGNATING ONE POINT THREE TWO (1.32) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO TI� VII,LAGE AT 4412 AND 4480 COUNTY LINE ROAD AS WELL AS THE LIFT STATION LOCATED ADJACENT THERETO, AS "LOW DENSITY RESIDENTIAL"; 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 Legislature of the State of Florida. has mandated that all municipalities draft and adopt comprehensive development plans to provide thorough and consistent planning with regazd to land within their corparate 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 annexed three parcels of land amounting to a total of one point three two (1.32) acres, more or less, located on County Line Road by interlocal agreement with Pa1m Beach County on July 10, 2012, and now desires to designa.te tha.t la.nd as "Low Density Residential" on its land use maps; and WI-iEREAS, the Village of Tequesta, Florida, has initiated a small scale amendment to its comprehensive development plan which meets a11 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 a11 duly required public hearings in accordance with Chapter 163, Florida. Statutes; and WI-�REAS, 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 ORDAINED BY THE VILLAGE COUNCIL OF THE VII,LAGE 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 designation of "Low Density Residentiat" for three pazcels of property comprising a total of approxirnately one point three two (1.32) acres, more or less, and amending the Village's Future Land Use Map accordingly; as attached hereto as E�ibit 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 Teques�ta, Florida. SECTION 3: The Village Clerk is hereby directed to tra�smit one (1) copy of the amendment to the current Comprehensive Development Plan to the Sta.te Land Planning Agency, along with a letter indicating the cumulative number of acres involved in small scale developments witlun the Village of Tequesta tha.t the Village Council has approved during the past calendar year, a copy of the adopting ordinance, ordinance effective date and sma11 scale development arnendment applica.tion number in accordance with Rule 9J-11 A 15, Florida Administrative 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 �rtion thereof, any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not af�ect 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 13�' day of September, 2012. SECOND AND FINAL READING this da.y of , 2012. -3-