Loading...
HomeMy WebLinkAboutOrdinance_06-22_6/9/2022ORDINANCE 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 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. 0 ORDINANCE Date 6-22 06/09/2022 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Molly Young 0 1:1 © 1:1 Vice -Mayor Kyle Stone ®x F 1:1 n Council Member Laurie Brandon ®x ri Council Member Frank D'Ambra,lll 0 Council Member Aaron Johnson R 0 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly You g ATTEST: Lori McWilliams, MMC Village Clerk