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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_04/10/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 2-14 April 10, 2014 Consent Agenda: No Resolution #: Originating Dep�artment: Community Development AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) ORDINANCE NO. 2-14, SECOND READING: 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., FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 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EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda ifem) 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., FLORIDA STATUTES; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. APPROVALS: SIGNATURE: Department Head Finance Director - �__.__.�_______ Reviewed for Financial Sufficiency ❑ No Financial Impact 0- �.,�> Attorney: (for legal sufficiency) ___ _ _n_;:._.._— ___ Village Manager: - , Submit for Council Discussion: � �, _ Approve Item: ❑ Deny Item: � ORDINANCE NO. 2-14 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, ADOPTING AN AMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN 1N ACCORDANCE WITH THE MANDATES SET FORTH 1N 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., 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 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, FZoNida 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 Village, and to preserve, promote and protect the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE 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. This 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 attached 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 State 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- � " � VILLAGE OF 1"EQUESTA � - - - DEPARTMENT �F PLANNING AND ZONING _ Staff Report — Village Council Adoption Hearing —4.10.2014 Corruprehensive Plan Amendment Future Land Use� and Housing Text Amendment — Density Purpose of Proposed Amendmerit 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 Amen�dment The following is the proposed amendment to the Comprehensive Plan. Please note that deletions are �+�;�,^ +��^ 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 Policv: 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 TextAmendment- DensityAmendment Consistency with the Village'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. Village Council On February 13, 2014, the Village Council held a public hearing to review the subject Comprehensive Plan amendment. Village Council voted 5-0 to approve the transmittal of the proposed amendment to the Land Planning Agency. Department of Economic Opportunities (DEO) and other Review Agencies The subject Comprehensive Plan amendment was transmitted to the DEO and other review agencies for comments and approvals. Please see attached letters of No Comments from DEO and different agencies. Attachments 1. Ordinance No. 2-14 2. Letters of No Comments from DEO and Review Agencies 2 Department of Planning and Zoning—Comprehensive P/an TextAmendment- DensityAmendment Rick Scott Jesse Panuccio ' 6dVERNOR EXECUTIVE DIREGTOR FLCJRIDA DEPARTMENT�' ECC',�h7C}MiC CfPPORTtJNiTY March 20, 2014 The Honorable Abby Brennan, Mayor Village ofTequesta 345 Tequesta Drive Tequesta, Florida 33469-0273 Dear Mayor Brennan: The Department of Economic Opportunity has completed its review of the proposed comprehensi��� plan amendment for the Village of Tequesta (Amendment No. 14-1ESR), which was received on February 18, 2014. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. The Village is reminded that pursuant to Section 163.3184(3)(b), F.S., other reviewing agencies have the authority to provide comments directly to the Village. If other reviewing agencies provide comments, we recommend the Village consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. The Village should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that S.ection 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. We appreciate the opportunity to work with the Village of Tequesta on planning and community development issues. If you have any questions concerning this review, please contact Adam Antony Biblo, at (850j 717-8503, or by email at Adam.Biblo@deo.mvFlorida.com . Sincerely, a ` i Ana Richmond Comprehensive Pfanning Manager AR/aab Enclosure: Procedures for adoption of comprehensive plan amendments cc: Nilsa Zacarias, AICP, Planning and Zoning Director, Village of Tequesta Michael J. Busha, AICP, Executive Director, Treasure Coast Regional Planning Council f'larid2 Derartment of I:conomic C�pportunity j(:a.ldwell Builc3ing ; 107 I:;. i�tadisrni Street j':I'allahassee, I'T, 3?399 366.FIy1?3�}5 ; 850.245.7105 ; 85O.931.3223 .i�ax ��nvtx-.floridaiob;.�r�r i wwti��.t�vittcr.com!F).Di?C? ; u•w��•.faccUoolc.coin; rI.,i�la:(� Zacarias, Nilsa From: Bush, Lois [Lois.Bush@dot.state.fl.us] Sent: Monday, March 03, 2014 4:21 PM To: Zacarias, Nilsa; 'DCPexternalagencycomments@deo.myflorida.com' Cc: 'pmerritt@tcrpc.org'; 'laura.regalado@deo.myflorida.com' Subject: Tequesta 14-1 ESR- FDOT District Four Review I am writing to advise you that the Department will not be issuing formal comments for the proposed Village of Tequesta comprehensive plan amendments with DEO reference number 14-1ESR. The Department would like to request one copy, which may be on CD ROM in Portable Document Format (PDF), of all adopted plan amendment materials, including graphic and textual materials and support documents. Thank you. Lois Bush Florida DOT - District Four �"' 3400 West Commercial Boulevard Fort Lauderdale, FL 33309 TEL:954-777-4654 FAX:954-677-7892 i Zacarias, Nilsa From: Stahl, Chris [Chris.Stahl@dep.state.fl.us] Sent: Thursday, March 13, 2014 3:49 PM To: Zacarias, Nilsa Cc: Craig, Kae; DEO Agency Comments Subject: Tequesta 14-1 ESR Proposed To: Nilsa Zacarias, Planning and Zoning Director Re: Tequesta 14-1ESR — Expedited Review of Proposed Comprehensive Plan Amendment The Office of Intergovernmental Programs of the Florida Department of Environmental Protection (Department) has reviewed the above-referenced amendment package under the provisions of Chapter 163, Florida Statutes. The Department conducted a detailed review that focused on potential adverse impacts to important state resources and facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water and wastewater treatment. Based on our review of the submitted amendment package, the Department has found no provision that, if adopted, would result in adverse impacts to important state resources subject to the Department's jurisdiction. Please feel free to contact me with any questions. Christopher Stahl DEP Office of Intergovernmental Programs � 3900 Commonwealth Blvd., MS 47 Tallahassee, FL 32399-3000 (850) 245-2169 office Thank you! cjs � `; 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT . March 12, 2014 Nilsa Zacarias, AICP Planning and Zoning Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Subject: Village of Tequ�esta, DEO #14-1 ESR ��r :�� :=: ���s�u �;omprenensive F�ian i�mendment Package Dear Ms. Zacarias: The South Florida Water Man�agement District (District) has completed its review of the proposed amendment packag�e submitted by the Village of Tequesta (Village). The text amendment updates the maximum density and intensity standards for Mixed Use Districts in the Future Land Use and Housing Elements. There appear to be no regionally significant water resource issues; therefore, the District forwards no comments on the proposed amendment package. The District offers its technical assistance to the Village and the Department of Economic Opportunity in developing sound, sustainable solutions to meet the Village's future water supply needs and to protect the region's water resources. Please forward a copy of adopted amendments to the District. For assistance or additional information, please contact Deborah Oblac;zynski, Policy and Planning Analyst, at (561) 682-2544 or doblaczy(c�sfwmd.qov. Sincerely, � �L ` �-�c Dean Powell Water Supply Bureau Chief DP/do c: Michael J. Busha, TCRPC Ray Eubanks, DEO Deborah Oblaczynski, SFWMD James Stansbury, DEG 3301 Gun Club Road, West Pa1m Beach, Florida 33406 •(561) 6£�6-8800 � FL WATS 1-800-432-2045 Mailing Address: P.O. Box 24680, West Palm beach, FL 33416-4680 • wwwsfwmd.gov �T�� FLORIDA DEPARTMENT y �� ��� OF EDUCATION F r` � � ���, u�; '�� :.o`: <,.,�� _ � Cp`D � Sg � . STATC BOARD OF EDUCATION Pam Stewart c:�av cHaaTxa�u, c'harr ('ommissioner of Education JOHV R. PADGBT, [lce l'huir MemAerv ADA G. ARM.4S, M.D. JOHN A. COLON REBECCA FISHMAN LIPSEY AND�� TI�CK March 7, 2014 Ms. Nilsa Zacarias AICP, Planning and Zoning Director Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 Via E-mail: nilsa;�i�n�cons�iitants.ne.t Dear Ms. Zacarias: Re: Tequesta 14-1 ESR Thank you for the opportunity to review the City of Tequesta's proposed 14-1 ESR amendment package, which the Florida Department of Education received on March 3, 2014. According to the department's responsibilities under section 163.3184(3)(b), Florida Statutes, I reviewed the amendment package considering provisions of chapter 163, part II, F.S., and to determine whether the proposal, if adopted, would have the potential to create a�verse effects on public school facilities. The proposal would amend the text of the comprehensive plan to reduce the permitted density in the mixed use future land use category �for assisted living facilities. Because the amendment does not appear to have the potential to create adverse effects on public school facilities or sites, I offer no comment. Again, thank you for the opportunit.y to review the amendment. If you have questions about this letter, or if I may be of assistance, please contact me at 850-245-9312 or iracy.suber(cufldoe.arC7. Sincerely, � Trac . Suber Growth Management and Facilities Policy Liaison TDS/ cc: Ms. Angela Usher, AICP, Palm Beach County School District Mssrs. James Stansbury and Adam Antony Biblo, DEO/State Land Planning Agency THO!�(AS I�{. INSERRA UI O FFI CF, OF E D I i C ATI O NAL NA 325 W. Gai�FS S�rReFT • St�iTe 1014 • T'ai t.-axassEti. F[,oRi�.a 32399-0400 • 8�0-245-0494 • Fax 850-?45-9304 -.�,����. il�]oc.or� Zacarias, Nilsa From: Stephanie Heidt [sheidt@tcrpc.org] Sent: Monday, March 24, 2014 10:00 AM To: DEO CPA Reports; Zacarias, Nilsa Cc: 'Eubanks, Ray; Adam.biblo@deo.myflorida.com; pmerritt@tcrpc.org Subject: Tequesta Comprehensive Plan Amendment No. 14-1 ESR Attachments: 8G Tequesta_14-1ESR.pdf Council has reviewed th.e above-referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes. A copy of the report approve by Counci at its regular meeting on March 21, 2014 is attached. Please send one copy of all materials related to these amendments directly to our office once they are adopted by your governing body. If you have any questions, please feel free to contact us. Stephanie Heidt Intergovernmental Coordination Review/Administrative Coordinator Treasure Coast Regional Planning Council � 772.221.4060 sheidtC�tcrpc.orq i :; TREASURE COAST REGIONAL PLANNING COUNCIL ; MEMORANDUM To: Council Members AGENDA ITEM 8G ; From: Staff i { Date: March 21, 2014 Council Meeting I Subject: Local Government Comprehensive Plan Review ' Draft Amendment to the Village of Tequesta Comprehensive Plan � Amendment No. 14-IESR ;� Introduction � ' The Community Planning Act, Chapter 163, Flo�ida Statutes, requires that the Treasure Coast Regional Planning Council (TCRPC) review local government comprehensive plan amendments prior to their adoption. TCRPC comments are limited to adverse effects on regional resources : and facilities identified in the Strategic Regional Policy Plan (SRPP) and extrajurisdictional I� impacts that would be inconsistent with the comprehensive plan of any local government within ; the Region. TCRPC must provide any comments to the local government within 30 days of the receipt of the proposed amendments and must also send a copy of any comments to the State Land Planning Agency. The amendment package from the Village of Tequesta includes a proposed text amendment to , the Future Land Use and Housing Elennents of the comprehensive plan. This report includes a summary of the proposed amendment and TCRPC comments. ; ', Summar�of Proposed Amendment '', The proposed amendment revises a reference to density in Table FLU-1, Future Land Use Districts, Densit and Intensit Standards in the Future Land Use Element. The maximum Y Y � , density is revised from 24 to 18 dwelling units per acre for an Adult Congregate Living Facility. Also, the proposed amendment specifies the maximum density is 8 units per acre for a rehabilitation facility. Additionally, the proposed amendment revises the density from 24 to 18 ,, dwelling units per acre for an Adult Congregate Living Facility in Policy 1.2.4 in the Housing Element. The purpose of the proposed amendment is to provide consistency between the � comprehensive plan and the Village's Code of Ordinance. i I , � ''s � � � � Extraiurisdictional Impacts �� The proposed amendment was circulated by the Palm Beach County Intergovernmental Plan ,� � Amendment Review Committee Clearinghouse Coordinator on January 24, 2014. No � extrajurisdictional impacts have been identified. � j Re�ional Impacts � No adverse effects on significant regional resources and facilities have been identified. , � { Conclusion l � The proposed amendment is consistent with the SRPP. � � Recommendation :i 1 Council should approve this report and authorize its transmittal to the Village of Tequesta and � the Florida Department of Economic Opportunity. � Attachments � :i ;� ; � ; i � a � � � :i � , a j 1 1 ,I � : � � 1 � � � 1 ,� � � I ) � � 2 � ' i 1 ' List of Exhibits Exhibit 1 General Location Map 2 Proposed Amendment Showing Strikethrough and Underline Exhibit 1 General Location Map , M a r t i n 7cQUESTA }� ��'l ; --'---------`—�---�------------.-."-----'---------- � . . . - -. :--'-_�->---'�-�- . -1 � �JUPI7'� cR{I IETCOLONY � ,r � i � _— F ti� Palm Beach -- �• �- � � l _ i � ",' � �,. G� � �ti��JUPI s R � �� un C. 1 � q�� \ y ' \ � � f V�'���_F ��� . � �� 5. 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Future Land Use Districts, Density and Intensity Standards ' aistritt Uses Maximum Density and Intensity Low Density Residential Residentiat units 5.4 units per acre Medium Density Residentiai Residential units 12 units per acre Commercial Activities related to the safe, lease or F1oor Area Ratio of 2.0 distribution of products and/or the provision of services Recreation and Open Space Active or passive reaeational uses Floor Area Ra#io of .10 Public Bu+ldings and Land and structures owned, {eased or FioorArea Rafiio of 2.0 Grounds operated by a government entity, and/or privately owned but used for a public purpose Other Public Facilities Pubiic or private facilities or Floor Area Ratio of 2.0 institut'sons such as churches, schoals, fraternal organizations, and nursing homes Conservation land used for the conservation and Floor Area Ratio of .10 preservat+on of natural resources Mixed Use A mix of: single and muiti-family 18 dwetling units per acre, � residential uses; small scale retail 1� dwetling units per acre in an sates and services, business services Adult Congregate Living Faciliiy. . and professional services primarily Maximum Floar Area Ratio of 4.2 designed #o setve residential for non-residential uses and neighborhoods, and; recreation and mixed use buiidings. Residentiaf open space uses shalt comprise no less than 20 percent and no more than 80 percent of a mixed-use district. � Ulil�S !3@i' �CY� �OY ReF►abi4i�ati�n Faciii�rt I�tOUSlts'!U ELEMElVY Policv: 2.2.4 The Viliage 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� 1S dwelling units per acre in an Adult Congregate Living Facility.