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HomeMy WebLinkAboutDocumentation_Regular_Tab 07_05/10/2018 PLEASE REFER TO YOUR COMPREHENSIVE PLAN BOOK ORDINANCE NO. 1-18 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS COMPREHENSIVE DEVELOPMENT PLAN TO ADOPT EVALUATION AND APPRAISAL REVIEW ("EAR") BASED AMENDMENTS PURSUANT TO SECTION 163.3191, FLORIDA STATUTES, WHICH PROVIDES FOR AN EVALUATION AND FOR PLAN AMENDMENTS DETERMINED TO BE NECESSARY; WHICH INCLUDES REVISED TEXT AND MAPS NECESSARY TO UPDATE THE DATA AND ANALYSIS OF THE COMPREHENSIVE DEVELOPMENT PLAN; PROVIDING THAT THE TEXT AND MAPS, AS AMENDED OR REVISED, SHALL BE SUBSTITUTED FOR AND REPLACE IN FULL THE EXISTING TEXT AND MAPS IN ALL AMENDED ELEMENTS; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY; PROVIDING A CONFLICTS CLAUSE AND FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State Legislature of the State of Florida has mandated that all municipalities evaluate their comprehensive plan at least once every seven (7)years; and WHEREAS, the Village of Tequesta has completed its required evaluation, and has determined that amendments are required in order to reflect changes in state requirements and to provide thorough and consistent planning with regard to land within its 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 to update it pursuant to Sec.163.3191,Florida Statutes, in order to provide text and map amendments or revisions in conformance with the Evaluation and Appraisal Review; and WHEREAS,the Village of Tequesta has held all duly required public hearings; both prior to submission of the proposed amendment of the plan to the Department of Economic Opportunity and after the proposed amendment of the plan was returned to the Village of Tequesta, in accordance with Chapter 1633184(4), Florida Statutes; and 1 WHEREAS, the Village Council desires to adopt the amendment 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,AS FOLLOWS: Section 1: The Village of Tequesta Comprehensive Plan is hereby amended by adopting this amendment to its current Comprehensive Plan; which amendment is attached hereto as Exhibit"A" and made a part hereof and of the current Comprehensive Plan. This amendment specifically provides comprehensive amendments to all elements of the Comprehensive Plan in conformance with the adopted Evaluation and Appraisal Review described therein which affects the pagination of certain elements; all as specifically set forth on Exhibit"A". The text and maps adopted in Exhibit"A"shall be substituted for and replace in total the previously adopted text and maps in the amended elements. Section 2: A copy of the comprehensive development plan, as amended, shall be kept on file in the office of the Village Clerk. Section 3: The Village Manager is hereby directed to transmit three (3) copies of the amendments to the current comprehensive development plan to the State Land Planning Agency, along with a copy to the Treasure Coast Regional Planning Council, and to any other unit of local government who has filed a written request for a copy,within ten(10)working days after adoption, in accordance with Section 163.3184(4),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 the date a final order is issued by the Department of Economic Opportunity or Administration Commission finding the 2 amendment in compliance in accordance with Section 163.3184(4)(e)5., Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission,this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status,a copy of which resolution shall be sent to the Department of Economic OppoRunity, Division of Community Planning, Plan Processing Team. 3 _ , �� Rick Scott Cissy Proctor GOVERNOR EXECUTIVE DIRECTOR FLARIDA DEPARTMEP�"fd ECONOMIC OF�PORTURiTY March 23, 2018 The Honorable Abby Brennan Mayor, Village of Tequesta 345 Tequesta Drive Tequesta, Fiorida 32399 Dear Mayor Brennan: The Department of Economic Opportunity("Department") has completed its review of the proposed comprehensive plan amendment for the Village of Tequesta (Amendment No. 18- lER), which was received and determined complete on January 10, 2018. We have reviewed the proposed amendment in accordance with the state coordinated review process set forth in Sections 163.3184(2) and (4), Florida Statutes (F.S.), for compliance with Chapter 163, Part II, F.S. The attached Objections, Recommendations, and Comments Report outlines our findings concerning the amendment. We have identified one objection and have included recommendations regarding measures that can be taken to address the objections. We are also providing four comments. The comments are offered to assist the local government but will not form the basis for a determination of whether the amendment, if adopted, is "in compliance" as defined in Section 163.3184(1)(b), F.S. Copies of comments received by the Department from reviewing agencies, if any, are also enclosed. The Village should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. For your assistance, we have enclosed the procedures for final adoption and transmittal of the comprehensive plan amendment. Also, please note that Section 163.3184(4)(e)1., F.S., provides that if the second public hearing is not held within 180 days of your receipt of the Department's attached report, the amendment shall be deemed withdrawn unless extended by agreement with notice to the Department and any affected party that provided comment on the amendment. Florida Department of Economic Opportunity I Caldwell Building � 107 E.Madison Street �Tallahassee,FL 32399 850.�45.7105 � www.floridajobs.org www.twitter.com/FLDEO �a�wiv.facebook.com/FlDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711. The Honorable Abby Brennan March 23,2018 Page 2 If you have any questions related to this review, please contact Katherine Beck, Planning Analyst, by telephone at (850) 717-8498 or by email at Katherine.beck@deo.myflorida.com. Sincerely, mes D.Stansbury, Chief Bureau of Community Planning and Growth JDS/kb Enclosures: Objections, Recommendations,and Comments Report Reviewing Agency Comments Procedures for Adoption cc; Nilsa Zacarias,AICP, Consulting Village Planner, Village of Tequesta Isabel Cosio Carballo, Executive Director, South Florida Regional Planning Council OBJECTIONS,RECOMMENDATIONS AND COMMENTS REPORT PROPOSED COMPREHENSIVE PLAN AMENDMENTS VILLAGE OF TEQUESTA(18-lER) The Department identified one (1)objection and offers four(4)comments in response to the Village of Tequesta's proposed Evaluation and Appraisal Review(EAR)-based comprehensive plan amendments. It should be noted that Department staff discussed the following objection and comments with representatives of the Village of Tequesta. The Department looks forward to continuing to work with the Village's consultant to address any deficiencies in the proposed comprehensive plan amendments. t. State Coordinated Review Process— Amendments with Potential Objections Objection 1— Plan principles and strategies that do not ensure plan implementation Implementation of several strategies and policies proposed within the amendment, intended to comply with the requirements for the Coastol Management Element(set out in Section 163.3178, F.S.), have been made optional through the inclusion of the phrase "to consider". As drafted,these strategies and policies are not meaningful and predictable standards for the use and development of land. Below is a list of the strategies and policies that are not meaningful and predictable and therefore, do not impleme�t Section 163.3178, F.S.: Utilities Element Policy 1.2.3 Policy 1.2.4 Policy 1.2.5 2 Policy 1.�8 Utilitres Element, Stormwater Management Subelement Policy 1.1.5 Utilities Element, Natural Groundwater Aquifer Recharge Subelement Conservation Element Objective: 1.10.0 Policy 1.10.1 Policy 1.10.2 Policy 1.10.3 Policy 2.15.8 ORC Report Tequesta 18-lER Page 2 of 3 Intergovernmental Coordination Objective 1.7.0 Policy 1.7.2 Coastal Management Goal: 6.0,0 Policy 6.1.5 Policy 6.1.9 Policy 6.1.10 Capital lmprovements Element Policy 1.1,5 Policy 1.1.6 Authority: Sections 163.3177(1)and 163.3178, F.S. Recommendation: The Village should revise this amendment, prior to adoption,to redraft the affected strategies and policies,so that they describe how they ensure implementation of the comprehensive plan in a consistent manner.The Village could do this by using wording in strategies and policies that requires implementation,as opposed to merely consideration. Amendments with Potential Comments— Comment 1. Conservation Elemen[Policy 1.6.0 prohibits new construction oceanside of the designated coastal construction setback line. To remove ambiguity as to whether this policy complies with applicable statutory provisions, it could be revised, prior to adoption,to explicitly cite chapter 161, F.S., as in the following example: All construction activities seaward of the coastal construction control lines established pursuant to s. 161.053, F.S.,shall be consistent with chapter 161, F.S. Comment 2. The Village ofTequesta may want to consider removing the modifying term "shall consider' from the following policies, prior to adoption of this amendment, to strengthen the comprehensive plan: Conservation Element Policy 2.15.16 ORC Report Tequesta 18-lER Page 3 of 3 Policy 2.15.20 Policy 2.15.21 Policy 2.15.22 Policy 2.16.1 Comment 3: The Future Land Use Mop, Figure 9, illustrating the location of the Village's coastal high- hazard area,was omitted from the proposed amendment as originaily transmitted to reviewing � agencies. The Village should ensure that this map is included in the adopted amendment. Comment 4: The Village's comprehensive plan establishes planning horizons in accordance with section 163.3177(5)(a), F.S., however, the Village's Future Lond Use Map, included within the amendment, does not include an associated planning horizon and thus does not satisfy the requirement to cover a period of at least ten years. In response, the Village could revise the Future Land Use Map, prior to adoption, to � reflect the appropriate planning horizon of at least 10 years. II. Reviewing Agencies Comments: 1. Treasure Coast Regional Planning Council,comments dated February 16,2018,attached 2. Department of Environmental Protection, comments dated February 20,2018,attached 3. Palm Beach County,comments dated February 21, 2018,attached 4. Department of Education, no comments received as of February 22, 2018 5. Department of State, no comments received as of February 22, 2018 6. Department of Transportation, no comments received as of February 22, 2018 7. South Florida Water Management District,comments dated February 15, 2018,attached