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Home My WebLink AboutOrdinance_02-14_04/10/2014 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 MAXUVfUM 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, 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 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 fmding 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 TEQUESTA DEPARTMENT OF PLANNING AND ZONING Staff Report — Village Council Adoption Hearing — 4.10.2014 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 StFike thF9u 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, 24 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 Facill 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 2418 dwelling units per acre in an Adult Congregate Living Facility. 1 Department of Planning and Zoning — Comprehensive Plan TextAmendment- Density Amendment 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 Plan TextAmendment- Density Amendment Rick Scott Jesse Panuccio GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENTof ECONOMIC OPPORTUNITY March 20, 2014 The Honorable Abby Brennan, Mayor Village of Tequesta 345 Tequesta Drive Tequesta, Florida 33469 -0273 Dear Mayor Brennan: The Department of Economic Opportunity has completed its review of the proposed comprehensive 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 Section 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 (850) 717 -8503, or by email at Adam. BiblotMdeo.mvFlorida.com . Sincerely, Ana Richmond AR /aab Comprehensive Planning Manager 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 Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street 1 Tallahassee, FL 32399 866.FLA.2345 1 850.245.7105 1 850.921.3223 Fax www.floridaiobs.or Qnww.twitter.com /Fl,DF.O I www.faccbook.com /FLDEO 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 ofTequesta 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 1 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 youl 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 Tequesta, DEO #14 -1 ESR Comments on Proposed Comprehensive (Plan Amendment Package Dear Ms. Zacarias: The South Florida Water Management District (District) has completed its review of the proposed amendment package 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 Oblaczynski, Policy and Planning Analyst, at (561) 682 -2544 or doblaczy(&-sfwmd.gov Sincerely, (JZ-- (&Ve Dean Powell Water Supply Bureau Chief DP /do c: Michael J. Busha, TCRPC Ray Eubanks, DEO Deborah Oblaczynski, SFWMD James Stansbury, DEO 3301 Gun Club Road, West Palm Beach, Florida 33406 (561) 686 -8800 • FL WATS 1- 800 - 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov og FLORIDA DEPARTMENT OF EDUCATION STATE BOARD OF EDUCATION Pam Stewart GARY CHARTRAND, Choir Commissioner of Education JOHN R. PADGET, Vice Chair Members ADA G. ARMAS, M.D. JOHN A. COON REBECCA FISHMAN LIPSEY ANDY TUCK March 7, 2014 Ms. Nilsa Zacarias AICP, Planning and Zoning Director Village of Tequesta 357 Tequesta Drive Tequesta, Florida 33469 Via E -mail: nilsa e ,nzconsultants.net 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 adverse 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 opportunity 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 tracy.suberAf[doe.org Sincerely, W Trac X 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 THOMAS H. INSERRA DIRECTOR, OFFICE OF EDUCATIONAL FACILITIES 325 W. GAmEs STREET • SUITE 1014 • TALLAHASSEE, FLORIDA 32399 -0400.850- 245 -0494 • FAx 850- 245 -9304 www. fldoe.ore 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.moorida.com; pmerritt @tcrpc.org Subject: Tequesta Comprehensive Plan Amendment No. 14 -1 ESR Attachments: 8G_Tequesta_14 -1 ESR.pdf Council has reviewed the above - referenced amendments in accordance with the requirements of Chapter 163, Florida Statutes. A copy o f the report approved by C ouncil 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 sheidt(a-tcrmorg 1 TREASURE COAST REGIONAL PLANNING COUNCIL MEMORANDUM To: Council Members AGENDA ITEM 8G From: Staff Date: March 21, 2014 Council Meeting 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, Florida 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 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 Elements of the comprehensive plan. This report includes a summary of the proposed amendment and TCRPC comments. Summary of Proposed Amendment The proposed amendment revises a reference to density in Table FLU -1, Future Land Use Districts, Density and Intensity Standards, in the Future Land Use Element. The maximum 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 Extrajurisdictional 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. Regional Impacts No adverse effects on significant regional resources and facilities have been identified. Conclusion The proposed amendment is consistent with the SRPP. Recommendation Council should approve this report and authorize its transmittal to the Village of Tequesta and the Florida Department of Economic Opportunity. Attachments 2 List of Exhibits r j Exhibit 1 General Location Map 2 Proposed Amendment Showing Strikethrough and Underline i 3 S i E Exhibit 1 General Location Map a M E N Martin 'FE Pa trim Batch Kj tall 23 a Village of Tequesta _, M. momWaemo r Wiz? - LiLEN tBDO$ � g- � • n s r u -e- { - r Browardr`..� Exhibit 2 Proposed Amendment Showing Strikethrough and Underline FUTURE LAND USE ELEMENT Table FLU -1. Future Land Use Districts, Density and Intensity Standards District Uses Maximum Density and Intensity Low Density Residential Residential units 5.4 units per acre Medium Density Residential Residential units 12 units per acre Commercial Activities related to the sale, lease or Floor Area Ratio of 2.0 distribution of products and /or the provision of services Recreation and Open Space Active or passive recreational uses Floor Area Ratio of .10 Public Buildings and Land and structures owned, leased or Floor Area Ratio of 2.0 Grounds operated by a government entity, and /or privately owned but used for a public purpose Other Public Facilities Public or private facilities or Floor Area Ratio of 2.0 institutions such as churches, schools, fraternal organizations, and nursing homes Conservation Land used for the conservation and Floor Area Ratio of .10 preservation of natural resources Mixed Use A mix of: single and multi- family 18 dwelling units per acre, 24 residential uses; small scale retail 18 dwelling units per acre in an sales and services, business services Adult Congregate Living Facility. and professional services primarily Maximum Floor Area Ratio of 4.2 designed to serve residential for non - residential uses and neighborhoods, and; recreation and mixed use buildings. Residential open space 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 FIDUSIGN 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 24 18 dwelling units per acre in an Adult Congregate Living Facility. Upon Second Reading this W day of April 2014, the foregoing Ordinance was offered by Council Member Okun who moved its adoption. The motion was seconded by Council Member D'Ambra and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Abby Brennan X Vice -Mayor Vince Arena X Council Member Steve Okun X Council Member Tom Paterno Absent Council Member Frank D'Ambra X The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of April 2014. MAYOR OF TEQUESTA bigail rennan ATTEST: AGE 0�;, Lori McWilliams, MMC °� 'GOR,o .. Village Clerk v � 09�0,9� m: �� 991E •:�•y,= -G.o 195 D , ..,,i: .•........ P ' 3