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HomeMy WebLinkAboutDocumentation_Regular_Tab 10_02/13/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 2-14 February 13, 2014 Consent Agenda: No Resolution #: Originating Department: Community Development AGENDA ITEAA TITLE: (Wording form the SUBJECT line of your staff report) ORDINANCE NO. 2-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED APPLICATION WHICH PROVIDES FOR A AMENDMENTS TO THE TEXT OF THE FUTURE LAND USE AND HOUSING ELEMENTS ; PROVIDING FOR MAXIMUM DENSITY OF 18 UNITS PER ACRE FOR ALL ADULT CONGREGATE LIVING FACILITIES, AND EIGHT UNITS PER ACRE FOR REHABILITATION FACILITIES; FURTHER PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND OTHER REVIEWING AGENCIES AS REQUIRED BY SECTION 163.3184, ET SEQ., FLOR/DA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVID AN EFFECTIVE DATE; AND FOR OTH PURPOSES. BUDt3ET / FINANCI�►L t11�PACT: " Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item item EXECUTIVE S Y 4F MA.10R 1iSUES: (This is ��p shot i�em) ORDINANCE NO. 2-14: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA STATUTES, PURSUANT TO A VILLAGE INITIATED APPLICATION WHICH PROVIDES FOR A AMENDMENTS TO THE TEXT OF THE FUTURE LAND USE AND HOUSING ELEMENTS ; PROVIDING FOR MAXIMUM DENSITY OF 18 UNITS PER ACRE FOR ALL ADULT CONGREGATE LIVING FACILITIES, AND EIGHT UNITS PER ACRE FOR REHABILITATION FACILITIES; FURTHER PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND OTHER REVIEWING AGENCIES AS REQUIRED BY SECTION 163.3184, ET SEQ_, FLOR/DA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7�� + Department Head ' � / Finance Director • Reviewed for Financial ufficiency No Financial Impact Attorney: (for legal sufficiency) Vi I lage Ma nager: �.-------" Submit for Council Discussion: � Approve Item: ❑ Deny Item: � VILLAGE OF TEQUESTA � '� DEPARTMENT OF PLANNING AND ZONING Staff Report — Village Council Transmittal Hearing — 2.13.2014 Comprehensive Plan Amendment Future Land Use and Housing Text Amendment — Density Purpose of Proposed Amendment This is a Village initiated request for a Comprehensive Plan Text amendment to the Future Land Use and Housing Elements to provide consistency with the Village's Code of Ordinance. Ordinance 2-14 proposes density amendment to the Mixed Use designation Table FLU-1 (Future Land Use Element), and to Policy 1.2.4 (Housing Element). Comprehensive Plant Text Amendment The following is the proposed amendment to the Comprehensive Plan. Please note that deletions are �+���^ *"�^��rt" and new language is underlined and bold: FUTURE LAND USE ELEMENT Table FLU-1. Future Land Use Districts, Density and Intensity Standards District Uses Maximum Density and Intensity Mixed Use A mix of: single and multi-family 18 dwelling units per acre, �4 residential uses; small scale retail sales 18 dwelling units per acre in an Adult and services, business services and Congregate Living Facility. Maximum professional services primarily designed Floor Area Ratio of 4.2 for non- to serve residential neighborhoods, and; residential uses and mixed use recreation and open space buildings. Residential uses shall comprise no less than 20 percent and no more than 80 percent of a mixed- use district. 8 units per acre for Rehabilitation Facility HOUSIGN ELEMENT Policy: 1.2.4 The Village shall continue to provide for elderly rental units by permitting development of independent supportive congregate living facilities within the Mixed-Use areas at up to a maximum of 18 dwelling units per acre, or �418 dwelling units per acre in an Adult Congregate Living Facility. 1 Department of Planning and Zoning — Comprehensive Plan Text Amendment- Density Amendment Consistency with the �Ilage's Comprehensive Plan Currently, the Village's Code of Ordinance, Sec. 78-180 (d) (4) MU mixed-use district states "ACLFs shall be computed on the basis of 18 dwelling units per gross acre; and rehabilitation facilities shall be computed on the basis of eight dwelling units per gross acre". The proposed Village initiated Comprehensive Plan Text amendment to the Future Land Use and Housing Elements will provide consistency with the Village's Code of Ordinance. Local Government Comments The subject Comprehensive Plan amendment was transmitted to the Interlocal Plan Amendment Review Committee (IPARC) on January 22, 2013. The Village of Tequesta has not received comments or objections from local governments regarding the proposed Comprehensive Plan Amendment. Local Planning Agency On January 16, 2014, the Planning and Zoning Advisory Board, sitting as the Local Planning Agency, held a public hearing to review the subject Comprehensive Plan amendment. The Local Planning Agency voted 4-0 to recommend approval of the proposed amendment to the Village Council. Attachments 1. Ordinance No. 2-14 2 Department of Planning and Zoning—Comprehensive Plan TextAmendment- DensityAmendment ORDINANCE NO. 2-14 AN ORDiNANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN IN ACCORDANCE WITH THE MANDATES SET FORTH IN SECTION 163.3184, ET SEQ., FLORIDA ' STATUTES, PURSUANT TO A VILLAGE INITIATED APPLICATION WHICH PROVIDES FOR A AMENDMENTS TO THE TEXT OF THE FUTURE LAND USE AND HOUSING ELEMENTS ; PROVIDING FOR DENSITY OF 18 iINITS PER ACRE FOR ALL ADULT CONGREGATE LNING FACILITIES, AND EIGHT LTNITS PER ACRE FOR REHABILITATION FACILITIES; FURTHER PROVIDING FOR TRANSNIITTAL TO THE STATE LAND PLANNING AGENCY AND OTHER REVIEWIl�TG AGENCIES AS REQUIRED BY SECTION 163.3184, ET SEQ., FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the Sta.te 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 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, Florida, has carefully prepared an amendment to its comprehensive development plan in order to adopt text amendments that conform density limits to that desired by the Village Council; and WHEREAS, the Village of Tequesta has held all duly required public hearings in accordance with Section 163.3184, Florida Statutes; and WHEREAS, the Village Council desires to adopt the amendments to the current comprehensive development plan to guide and control the future development of the V illage, and to preserve, promote and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VII,LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: The Village of Tequesta Comprehensive Plan is hereby amended by adopting -1- this amendment to its current Comprehensive Development Plan. T'his amendment specifically provides for a maximum density of 18 units per acre for all adult congregate living facilities, and eight units per acre for rehabilitation facilities. The text amendments are atta.ched hereto as Exhibit A and are hereby incorporated into this ordinance as if fully set forth herein. 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 Community Development Director is hereby directed to transmit copies of the amendment to the current comprehensive development plan to the State Land Planning Agency, as well as the other reviewing agencies required by Section 163.3184(1)(c), Florida Statutes. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: The effective date of this plan amendment shall be 31 days following notice by the State Land Planning Agency that the plan amendment package is complete; or if timely challenged, the date a final order is issued by the Sta.te Land Planning Agency or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(3)(c)4., Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. -2-