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Home My WebLink AboutDocumentation_Regular_Tab 17_04/10/2008VILLAGE OF TEQUEST Redistributed from 3/18/08 ~, G. r ' AGENDA ITEM TRANSMITTAI Council Meeting Agenda No Changes 1. VILLAGE COUNCIL MEETING: Meeting Date: 3/ 18/08 Meeting Type: Regular Ordinance ~: Urtl 6-os Consent Agenda: No Resolution #. _: _ ._ _ .v . _ . . Originating Department: Attorney ~. HbCivUH 11 Cm ~ ~ ~ LC: (VVOfQIng TOrm ine ~UtiJtG I une or your starr reports Ordinance 6-08, First Reading, Amending Chapter 62. Planning and Development. At Article II. Local Planning Agency. 6y amending this article at Sections 62-32, 62-33 and 62-36 to revise the authority, power and duties of the Local Planning Agency in accordance with state law; and adopting an entirely new Section 62-37 to provide for notice requirements 3. BUDGET /FINANCIAL IMPACT: Account #. ~ts_.,~ <'~ :~~ ..~ ~ Amount of this item 6:~~ st .:.,-~ .:~ =~: `~ :~~. Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: _ ` ~.~. a Appropriate Fund Balance `'~~" ,.~ ~~~ ~ _~~~ o; 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The attached Ordinance revises the authority, power and duties of the Village's Locai Planning Agency in order to conform to state law. 5. APPROVALS: Dept. Head:` m~~~~ Y Finance Director: Attorney: (for legal sufficiency) Village Manager: • SUBMIT FOR COUNCI~L""'`D~ISCUSSION: ~s • APPROVE ITEM: LJ Yes ~~~ No • DENY ITEM: MEMORANDUM Village of Tequesta Clerk's Office TO: Mr. Michael R. Couzzo, Jr., Village Manager Honorable Mayor and Village Council Members FROM: Lori McWilliams, Village Clerk DATE: February 25, 2008 SUBJECT: Ordinance 6-08 The attached Ordinance revises the authority, power and duties of the Village's Local Planning Agency in order to conform to state law. ORDINANCE NO.6-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 62. PLANNING AND DEVELOPMENT. AT ARTICLE 11. LOCAL PLANNING AGENCY. BY AMENDING THIS ARTICLE AT SECTIONS 62-32, 62-33 AND 62-36 TO REVISE THE AUTHORITY, POWER AND DUTIES OF THE LOCAL PLANNING AGENCY IN ACCORDANCE WITH STATE LAW; AND ADOPTING AN ENTIRELY NEW SECTION 62-37 TO PROVIDE FOR NOTICE REQUIREMENTS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 62. PLANNING AND DEVELOPMENT. SHALL REMAIN tN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, it has come to the attention of the Village Council that the authority, power and duties of the village's local planning agency, as codified at Chapter 62 of the village code are in need of revision in order to conform with current state law; and WHEREAS, the Village Council desires to adopt such revisions to the village's ` local planning agency code in order to be in conformance with state law; and WHEREAS, the Village Council believes the code amendments contained in this ordinance will accomplish this and will be in the best interests of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 62. Planning and Development. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Local Planning Agency. by amending this Article at sections 62-32, 62-33 and 62-36 to revise the authority, power and duties of the Local Planning Agency in accordance with state law; and by adopting an entirely new section 62-37 to provide for notice requirements; providing that Article II. Local Planning Agency. shall hereafter read as follows: ARTICLE I1. LOCAL PLANNING AGENCY Sec. 62-31. Statutory authority. 1 This article is enacted pursuant to and in accordance with provisions of F.S. § 163.3174. Sec. 62-32. Designation. . The. village council is hereby designated as the local planning agency for the incorporated territory of the village. Sec. 62-33. Duties. The local planning agency, ~ ,shall conduct the village's comprehensive planning program. Specifically. the local planning aaencv shall: {~} ~ Pr_ epare the comprehensive plan or elements or portions thereof as well as amendments thereto. and make recommendations to the village council regarding the adoption of the plan or elements or portions thereof as well as amendments thereto fnr +"° .,i"°n° r nmm~rch~ ci~i° nlr+n nr ~Gy~{~~ nr nnrl~innc +h°r°nf ~~ii4h +~hG rmm~r°h°noi~i° nl~n of n+h°r ~nnrnnri~+° Inn~l nn~i°rnm°n+~ ~±nrl 4h° c+~++° ............... ~........ .... .... ~.~~ ,.,.~.,r.,....r,.......> .......... ~............................ ....~ ....r...~. /'~2\p~~prn~~ii~° +h .++ +h°~mr~rch~ i° nl~+n nr ~l~m~~ nr nnr-Finnc~ °r°nf c~ ~hA~l_ ham` {4} ~ Monitor and oversee the effectiveness and status of the comprehensive plan, and ri~"Iaic°c °~ca"nh nh.+nn° in +h° nmm~r~~~ei~i° nl~n ~~ m~~-r ire sir°rl frnm_~~~}~e +~ recommend to the village council such chances in the comprehensive plan as may from time to time be required. including preparation of the evaluation and appraisal report as may from time to time be required. l~-} (c) Review proposed land development regulations. land development codes. or amendments thereto, and make recommendations to the village council as to the consistency of such proposed regulations, codes or amendments thereto with the adoated comprehensive plan.- For purposes of this section. "land development regulations" means ordinances enacted by the village council for the regulation of anv aspect of development and includes the village's zoning code subdivision code. building code. sign code. and anv other code controlling the development of land including re-zoning and district boundary changes. Sec. 62-34. Organization and rules of procedure. The local planning agency shall follow such rules of procedure, methods of choosing officers, setting of public meetings, providing of financial support and accomplishing its duties as provided in the Charter and the ordinances of the village. Sec. 62-35. Meetings and records to be public; public participation. All meetings of the local planning agency shall be public meetings, and all agency records shall be public records. The local planning agency shall encourage public participation. Sec. 62-36. Funding. 2 The village council shall appropriate funds at its discretion for expenses necessary for the preparation of the comprehensive plan or elements or portions thereof as well as amendments thereto and any necessary implementina ordinances. The local planning agency may, in order to accomplish the purposes and activities required by the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources, provided that acceptance of loans or grants must be approved by the village council. Sec. 62-37. Notice. Notice of ublic hearin shall be advertised a minimum of ten 10 da s in advance of all Local Planning Aaencv public hearings in a newspaper of general circulation in the area. Secs. 62-7 ~$--62-60. Reserved. Section 2: Each and every other section and subsection of Chapter 62 Planning and Development shall remain in full force and effect as previously enacted. Section 3: Ail Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall become effective immediately upon passage. FIRST READING this 18th day of March, 2008. SECOND AND FINAL READING this 10th day of April, 2008. 3