HomeMy WebLinkAboutDocumentation_Regular_Tab 12_01/10/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 1-13
January 10, 2013
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form CT {ine of your4 °. rt) ''' `' .
FIRST READING ORDINANCE NO. 1-13: AN ORDINANCE OF THE VILLAGE COUNCIL OF TNE 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 1-13 WHICH
PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING ZERO POINT SEVEN THREE (0.73) ACRES MORE OR
LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 19578, 19590 AND 19600 U.S. HIGHWAY #1, AS "COMMERCIAL";
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
AN ORDINANCE OF THE VILLAGE COUNCIL 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 1-13 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE LAND USE MAP, DESIGNATING
ZERO POINT SEVEN THREE (0.73) ACRES MORE OR LESS OF LAND RECENTLY ANNEXED INTO THE VILLAGE LOCATED AT 19578, 19590
AND 19600 U.S. HIGHWAY #1, AS "COMMERCIAL".
APPROVALS: SIGNATURE:
Department Head
,�;
Finance Director �----- •
Reviewed for Financial Sufficiency ❑
No Financial Impact �
Attorney: (fo� 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 af copies you want signed a nd place "Sign Here" sticker on them)
Form Amended: 10/20/11
VILLAGE OF TEQUESTA
,�, � � DEPARTMENT OF COMMUNITY DEVELOPMENT
�
�,
Staff Report — Village Council-1.10.13.
ORDINANCE 1-13
Small Scale Future Land Use Map Amendment
Three (3) Annexed Parcels Located on U5. Hwy. 1
APPLICANT: Village of Tequesta
REQUEST: Small scale Future Land Use map amendment of the subject annexed properties located on U5.
Hwy. 1, according to the following chart and attached map:
Palm Beach Village of
Parcel Address PCN Size County Future Tequesta
(Acres) Land Use Future Land Use
1 19600 US Hwy 1 00-43-40-30-02-004-0010 0.2204 CH/MR-5 C
2 19590 US Hwy 1 00-43-40-30-02-004-0050 0.2204 CH/MR-5 C
3 19578 US Hwy 1 00-43-40-30-02-004-0090 0.2870 CH/MR-5 C
Total 0.7278
Per Palm Beach County Future Land Use Designations:. Per Village of Tequesta Future Land Use Designations:
CH/MR-5: Commercial High/Medium Residential C: Commercial
5 Units per Acre
BACKGROUND
The Village of Tequesta received a written petition signed by the owners of Parcel 1 and 3 to be annexed into
the Village. Even tough the owner of parcel 2 has not petitioned the annexation, the Village of Tequesta
initiated an annexation process in compliance with F. S. 171.0413 (6). A proposed area can be annexed when
the owners of more than 50 percent of the parcels and of more than 50 percent of land area consent to
annexation. As part of the annexation process, an Urban Service Report was filed with Palm Beach County
fifteen days prior to the Village initiating proceedings in accordance with Florida Statutes Chapter 171.0413.
The subject three parcels comprise one area of contiguous, compact, unincorporated territory adjacent to the
Village of Tequesta, all of which has been developed for urban purposes. On November 8, 2012, the Village
Council approved Ordinance No. 15-12 to annex the subject three (3) Commercial parcels located on
US. Hwy. 1.
The Local Planning Agency (LPA) recommended approval of Ordinance 1-13 at the December 20, 2012
meeting.
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ORDINANCE NO. 1-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING A SMALL SCALE AMENDMENT TO ITS
COMPREHENSIVE DEVELOPMENT PLAN 1N ACCORDANCE WITH THE
MANDATES SET FORTH IN SECTION 163.3187, ET SEQ., FLORIDA
STATUTES, PURSUANT TO A VILLAGE INITIATED AMENDMENT NO.
LUPA 1-13 WHICH PROVIDES FOR AN AMENDMENT TO THE FUTURE
LAND USE MAP, DESIGNATING ZERO PO1NT SEVEN THREE (0.73) ACRES
MORE OR LESS OF LAND RECENTLY ANNEXED 1NT0 THE VILLAGE
LOCATED AT 19578, 19590 AND 19600 U.S. HIGHWAY #1, AS
"COMMERCIAL"; 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 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
accardance 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 zero point seven three (0.73) acres, more or less, located on U.S. Highway #1, and now
desires to designate that land as "Commercial" 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 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.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
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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
designation of "Commercial" for three parcels of property comprising a total of approximately zero
point seven three (0.73) 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 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 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 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
it has become effective. If the Ordinance is timely challenged by an"affected person" as defined in
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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 , 2013.
SECOND AND FINAL READING this day of , 2013.
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EXHIBIT 1
UNINCORPORATED THREE (31 COMMERCIAL PARCELS LOCATED ON U5. HWY. 1
Parcel Address PCN Owner Size Legal Description
(Acres)
Longenecker Samuel JUPITER HEIGHTS LTS 1 TO 4 INC & ABND 40 FT STRIP LYG W
1 19600 US Hwy 1 00-43-40-30-02-004-0010 0.2204 & ADJ THERETO BLK 4
Trust
2 19590 US Hwy 1 00-43-40-30-02-004-0050 �udith and Viktor 0.2204 JUPITER HEIGHTS LTS 5 TO 8 INC & ABND 40 FT STRIP LYG W
Bardischewski & ADJ THERETO BLK 4
Bozzuto JUPITER HEIGHTS LTS 9 TO 12 INC & ABND 40 FT STRIP LYG W
3 19578 US Hwy 1 00-43-40-30-02-004-0090 Capital.Management 0.2870 & ADJ THERETO BLK 4
Inc.