HomeMy WebLinkAboutDocumentation_Regular_Tab 21_2/10/2022Agenda Item #21 0
Regular Council
STAFF MEMO
Meeting: Regular Council - Feb 10 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 06-22, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 62. PLANNING AND DEVELOPMENT. ARTICLE V. DEVELOPMENT AGREEMENTS.
SECTION 62-156. AMENDMENT OR CANCELLATION. TO UPDATE INSTANCES WHERE
DEVELOPMENT AGREEMENTS CAN BE AMENDED OR CANCELED IN ACCORDANCE WITH
STATE LAW; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF
CHAPTER 62 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA SHALL REMAIN
IN 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.
The proposed ordinance edits the Village's code regarding developer agreements in conformance with
changes to state law in 2021.
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POTENTIAL MOTION / DIRECTION REQUESTED:
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Ord. No. 06-22 - Development Agreement Amendment & Cancellation FIRST READING
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Agenda Item #21.
First Reading February 10, 2022
ORDINANCE NO. 06-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 62. PLANNING AND DEVELOPMENT.
ARTICLE V. DEVELOPMENT AGREEMENTS. SECTION 62-156.
AMENDMENT OR CANCELLATION. TO UPDATE INSTANCES WHERE
DEVELOPMENT AGREEMENTS CAN BE AMENDED OR CANCELED
IN ACCORDANCE WITH STATE LAW; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 62 OF
THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA
SHALL REMAIN IN 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, local governments may enter into development agreements with
developers to provide the developer with vested rights by suspending existing zoning
regulations applicable to a property in exchange for public benefits; and
WHEREAS, the Florida Legislature has adopted §§ 163.3220-163.3243, Florida
Statutes, also known as the "Florida Local Government Development Agreement Act,"
to establish uniform procedures and requirements for development agreements entered
into between local governments and developers; and
WHEREAS, the Village of Tequesta has created its own development agreement
regulations at Chapter 62, Article V, Village Code, which closely follow those
procedures and requirements established within the Florida Local Government
Development Agreement Act; and
WHEREAS, the Florida Legislature recently amended the Florida Local
Government Development Agreement Act to allow a party or successor in interest to a
development agreement and the participating local government to amend or cancel a
development agreement without securing the consent of other property owners whose
property was originally subject to the agreement, but for limited exceptions; and
WHEREAS, the Village Council of the Village of Tequesta desires to amend
Chapter 62, Article V, Village Code in order to conform its development agreement
regulations with this recent revision to the Florida Local Government Development
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Agenda Item #21.
First Reading February 10, 2022
Agreement Act; and
WHEREAS, the Village Council believes these code revisions will be in the best
interests of the Village of Tequesta, and will promote the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 62. Planning and Development. of the Code of Ordinances of
the Village of Tequesta is hereby amended at Article V. Development Agreements.
Section 62-156. Amendment or cancellation. to update instances where development
agreements can be amended or canceled in accordance with state law; providing that
Section 62-156 shall hereafter read as follows:
Sec. 62-156. Amendment or cancellation.
A development agreement may be amended or cancelled by the mutual consent of
the parties to the development agreement or by their successors or assigns. A party or
designated successor or assign to a development agreement and the village may
amend or cancel a development agreement without securing the consent of other parcel
owners whose property was originally subject to the development agreement, unless
the amendment or cancellation directly modifies the allowable uses or entitlements of
such owners' property.
Section 2: Each and every other Section and Subsection of Chapter 62.
Planning and Development. of the Village of Tequesta Code of Ordinances shall remain
in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict 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 take effect immediately upon adoption.
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Agenda Item #21.
First Reading February 10, 2022
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