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HomeMy WebLinkAboutDocumentation_Regular_Tab 09A_08/12/2003I~~P- INTEROFFICE MEMORANDUM TO: MICHAEL COUZZO, JR. VILLAGE MANAGER FROM: JEFFERY C. NEWELL, COMMUNITY DEVELOPMENT SUBJECT: DRAFT ORDINANCE FOR PLANNING & ZONING BOARD DATE: 8/4/2003 CC: The purpose of this memo is to present to Council a draft ordinance to create a Planning and Zoning Board. The Department of Community Development has explored this issue in depth and now comes forward to seek the creation of this board for the following reasons: 1) The P&Z board will be an advisory to the Village Council. The board will forward all findings and recommendations to Council for final action. 2) To relieve the Council of burdensome planning and zoning reviews that development codes generate. 3) To allow for in depth reviews that requires public hearings with village staff and the applicant. 4) Council will receive a complete review summary with recommendations and comments. 5) The P&Z board will absorb the duties of the Community Appearance Board to allow for the in depth review of a proposed project. 6) The overall purpose is to present to Council a complete review prior to final approval. 7) To assist in preliminary review of revised codes that will be forwarded to Council for final approval. 8) In the event the community has an issued with an ordinance(s) the Pt3cZ board can review the matter and forward to Council a recommendation to either rewrite an ordinance or recommend an action. The department recommends the creation of this board to streamline the review process and to present to Council a comprehensive review for approval, approval with conditions or disapproval. Res Jeff ewell, C mmunity Development ~~ (PROPOSED) PLANNING AND ZONING BOARD Section 7-1 Creation, Members, Terms, Appointment. A Planning and Zoning Board is hereby established. The Board shall be composed of five (5) members (who shall serve without compensation), appointed by the Village Council. Of the members of the Board first appointed, one (1) shall hold office for the term of one (1) year, two (2) for the term of two (2) years, and two (2) for the term of three (3) years from and after their appointment. Their successors shall be appointed for the term of three (3) years from and after the expiration of the terms of their predecessors in office. In addition to the regular board members, two (2) additional members, to be designated as Alternate #1 and Alternate #21 shall be appointed to serve on the Board in that order at meetings of the Board when necessary ~~~ ~^~~"~°^ra to constitute as-a quorum. A majority of the Board (i.e., three (3) members shall constitute a quorum, and the affirmative vote of a majority of the Board present shall be necessar. fy or any action thereof. In the e-ase-e~event that only three (3) members are present, ^" ,"-°~°^* ~'~^"''^~~°'^ ~~^*° a unanimous vote at of all present in favor of an application is required to make it effective. Alternate members shall serve for two (2) years, but of the first appointed ~ Alternate membersz one (1) shall serve for one (1) year, and one (1) shall serve for two (2) years. Thereafter, alternate members shall be appointed for two year terms. Vacancies in the Board membership by resignation, illness or other causes shall be filled by the Villas Council for the unexpired term of the member involved. Members of the Planning and Zoning Board maybe removed from office b Village Council upon written charges and after public hearing. Three (3) absences in a row or three (3) unexcused absences within the fiscal year of theVilla~y constitute cause for automatic dismissal from the Board. TL,° ~7;ll.,n° !`.,,,,,..;1 ~L,.,71 1,.,<.° .. ,- ~., .- „-,1-,0,- .~Ffhv i2,..,«.7 4:,,- C-~~ Section 7-2. Organization, Qualification of members. The Board shall select its own chairman and vice-chairman annually at the first meeting of the calendar year. The Director of Department of Community Development or his designated representative shall serve as Clerk and advisor to the Board. All members of the Planning and Zoning Board shall be qualified electors of the Village. Page 1 of 4 Section 7-3. Authority. The Planning and Zoning Board shall serve as the Local Planning Agency (LPA) of the Village pursuant to Chapter 163.3174 F-S. The Planning and Zoning Board shall have general authority to: (1) Gather and analyze data and such other information to amend the Village's Comprehensive Development Plan, subsequent to review and adoption by the Village Council. (2) Review and recommend to Village Council land development regulations to implement the Village of Tequesta Comprehensive Development Plan. The land development regulations include, but are not limited to, the following: a. Village of Tequesta Comprehensive Zoning Ordinance. b. Village of Tequesta Subdivision Regulations. c. Village of Tequesta community appearance standards and regulations. d. Any other land development regulations required and pursuant to Chapter 163, F.S. (3) Review and Recommend to Village Council regarding applications for: a. Site Plan in accordance with regulations and requirements of Section X (M , Village of Tequesta Comprehensive Zoning Ordinance. b. Special Exceptions in accordance with regulations and requirements of Section X (J~Special Exception Uses, Village of Tequesta Comprehensive Zoning Ordinance. c. District Boundary Changes (re-zonings)..-in accordance with regulations and requirements of Chapter 166, Florida Statutes. d. Text Amendments to Village of Tequesta Comprehensive Development Plan.- in accordance with Chapter 163.Florida Statutes, Comprehensive Planning and Land Development Regulation Act (State Planning Law). e. Text Amendments to Land Development regulations.- in accordance with Chapter 163.Florida Statutes, Comprehensive Planning and Land Development Regulations Act (State Planning Law)and Rule 9(J).5, Florida Administrative Code f. Voluntary Annexations: in accordance with Chapter 171. Florida Statutes, Municipal Annexation or Contraction g. Abandonments. h. Any other reviews, related to planning zoning and development specifically requested of the Planning and Zoning Board by the Village Council. Page 2 of 4 Planning and Zoning Board may adopt such rules and procedures as are necessary to perform its duties. Section 7-4. Duties and Responsibilities. Recommended actions of the Planning and Zoning Board shall be recorded in written form for transmittal to the Village Council. Prior to adoption of a recommendation with respect to an application, the Planning and Zoning Board may consider the following: 1. The information submitted by the applicant, including all exhibits, studies or other information presented or used for review of the application. 2. A written staff report indicating the recommendation of the Department of Community Development or any other appropriate governmental agency regarding the ability of the application to meet the standards and regulations affecting the application; the ability of the proposed development to meet Level of Service standards adopted in the Village of Tequesta Comprehensive Development Plan; the application's impact on the general public's health, safety and welfare; as well as, any other items that are considered appropriate by the Department of Community Development. 3. To hear comments, if any, from the public. Section 7-5. Meetings; Records. The Planning and Zoning Board shall adopt rules of procedure for the conduct of it's business, consistent with the provisions of this Ordinance. Meetings of the Board shall be held the third Thursday of each month at 6:30 p.m., or if a conflict exists on this normal meeting date, an alternate meeting date shall be established by the Planning and Zoning Board chairman. The chairman, or in his absence, the vice chairman or acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board and its files or records shall be open to the public. The Planning and Zoning Board shall also keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Section 7-6. Filing Fee. Upon filing an application to the Planning and Zoning Board, the applicant shall pay a fee to the Village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances, shall not be Page 3 of 4 reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. NOTES/COMMENTS RE: PROPOSED Planning and Zoning Board A. Existing CAB (Ch• 7, Village of Tequesta, Code of Ordinances) would be made null and void. 1) Section 7-6. Supplemental Criteria form existing CAB Ordinance (a) General Requirements and (b) Exterior Space "' could be shifted to Site Plan Review Section, Section (X) (m) Supplemental Regulations of the Village of Tequesta Comprehensive Zoning Ordinance. 2) Section 7-6. (c) - (e) regarding Landscaping could be shifted and included in the Landscaping Regulations of the Village of Tequesta Comprehensive Zoning Ordinance; Supplemental Regulations (X) (H). 3) Section 7-7 of existing CAB Ordinance designates the CAB as the Tree Board of the Village of Tequesta. The powers and duties of this Board could be transferred to the Planning and Zoning Board. If done this way its designation and duties could be added to Section 7-3. Authority section of the proposed Planning and Zoning Board. This duty could also be transferred to the Village Council. If this option were chosen, an Ordinance making this designation and assignment of duties would have to be constructed for action by Council. B. Other Village Ordinances. Article II: Local Planning Agency, Section 13.1-22 of the Village of Tequesta Code of Ordinance (page 802) would have to be amended to appoint the Planning and Zoning Board as Local Planning Agency. Page 4 of 4 ~~a ~ ~~~ ~ ~ ~5 ~~ r -- (PROPOSED) PLANNING AND ZONING BOARD Section 7-1 Creation, Members, Terms, Appointment. A Planning and Zoning Board is hereby established. The Board shall be composed of five (5) members (who shall serve without compensation), appointed by the Village Council. Of the members of the Board first appointed, one (1) shall hold office for the term of one (1) year, two (2) for the term of two (2) years, and two (2) for the term of three (3) years from and after their appointment. Their successors shall be appointed for the term of three (3) years from and after the expiration of the terms of their predecessors in office. In addition to the regular board members, two (2) additional members, to be designated as Alternate #1 and Alternate #2, shall be appointed to serve on the Board in that order at meetings of the Board when necessary en-s-~i-= to constitute ~a quorum. A majority of the Board (i.e., three (3) members) shall constitute a quorum, and the affirmative vote of a majority of the Board present shall be necessary for any action thereof. In the c-~-a~event that only three (3) members are present, ^" rr°~°~~* ~'~^"'~^~~° *^ ~~^*° a unanimous vote at of all present in favor of an application is required to make it effective. Alternate members shall serve for two (2) years, but of the first appointed ^' Alternate members, one (1) shall serve for one (1) year, and one (1) shall serve for two (2) years. Thereafter, alternate members shall be appointed for two year terms. Vacancies in the Board membership b,~gnation, illness or other causes shall be filled by the Village Council for the unexpired term of the member involved. Members of the Planning and Zoning Board maybe removed from office by the Village Council upon written charges and after public hearing. Three (3) absences in a row or three (3) unexcused absences within the fiscal year of theVillage, may constitute cause for automatic dismissal from the Board. ~„ ~ ~,,,ii t.o f;it ~o ~~;ii.,,.o r,,,,r,.;l ~ .- tt,o „rov,~;,-o,~ ~o-.,, ,.r D~'C7.r~7'~SI'G2L12G I~vTJIITISf'C7C7T17 tTI\I iVllll VL ~~° m m~oY 1 /l~r.°/~ Section 7-2. Organization, Qualification of members. The Board shall select its own chairman and vice-chairman annually at the first meeting of the calendar year. The Director of Department of Community Development or his designated representative shall serve as Clerk and advisor to the Board. All members of the Planning and Zoning Board shall be qualified electors of the Village. Page 1 of 4 Section 7-3. Authority. The Planning and Zoning Board shall serve as the Local Planning Agency (LPA) of the Village pursuant to Chapter 163.3174 F-S. The Planning and Zoning Board shall have general authority to: (1) Gather and analyze data and such other information to amend the Village's Comprehensive Development Plan, subsequent to review and adoption by the Village Council. (2) Review and recommend to Village Council land development regulations to implement the Village of Tequesta Comprehensive Development Plan. The land development regulations include, but are not limited to, the following: a. Village of Tequesta Comprehensive Zoning Ordinance. b. Village of Tequesta Subdivision Regulations. c. Village of Tequesta community appearance standards and regulations. d. Any other land development regulations required and pursuant to Chapter 163, F.S. (3) Review and Recommend to Village Council regarding applications for: a. Site Plan in accordance with regulations and requirements of Section X (M), Village of Tequesta Comprehensive Zoning Ordinance. b. Special Exceptions in accordance with regulations and requirements of Section X (J) Special Exception Uses, Village of Tequesta Comprehensive Zoning Ordinance. c. District Boundary Changes (re-zonings)..-in accordance with regulations and requirements of Chapter 166, Florida Statutes. d. Text Amendments to Village of Tequesta Comprehensive Development Plan.- in accordance with Chapter 163.Florida Statutes, Comprehensive Planning and Land Development Regulation Act (State Planning Law). e. Text Amendments to Land Development regulations.- in accordance with Chapter 163.Florida Statutes, Comprehensive Planning and Land Development Regulations Act (State Planning Law)and Rule 9(J).5, Florida Administrative Code f. Voluntary Annexations.- in accordance with Chapter 171. Florida Statutes, Municipal Annexation or Contraction g. Abandonments. h. Any other reviews, related to planning, zoning and development specificallyrequested of the Planning and Zoning Board by the Village Council. Page 2 of 4 Planning and Zoning Board may adopt such rules and procedures as are necessary to perform its duties. Section 7-4. Duties and Responsibilities. Recommended actions of the Planning and Zoning Board shall be recorded in written form for transmittal to the Village Council. Prior to adoption of a recommendation with respect to an application, the Planning and Zoning Board may consider the following: 1. The information submitted by the applicant, including all exhibits, studies or other information presented or used for review of the application. 2. A written staff report indicating the recommendation of the Department of Community Development or any other appropriate governmental agency regarding the ability of the application to meet the standards and regulations affecting the application; the ability of the proposed development to meet Level of Service standards adopted in the Village of Tequesta Comprehensive Development Plan; the application's impact on the general public's health, safety and welfare; as well as, any other items that are considered appropriate by the Department of Community Development. 3. To hear comments, if any, from the public. Section 7-5. Meetings; Records. The Planning and Zoning Board shall adopt rules of procedure for the conduct of it's business, consistent with the provisions of this Ordinance. Meetings of the Board shall be held the third Thursday of each month at 6:30 p.m., or if a conflict exists on this normal meeting date, an alternate meeting date shall be established by the Planning and Zoning Board chairman. The chairman, or in his absence, the vice chairman or acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board and its files or records shall be open to the public. The Planning and Zoning Board shall also keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. Section 7-6. Filing Fee. Upon filing an application to the Planning and Zoning Board, the applicant shall pay a fee to the Village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances, shall not be Page 3 of 4 reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. NOTES/COMMENTS RE: PROPOSED Planning and Zoning Board A. Existing CAB (Ch. 7, Village of Tequesta, Code of Ordinances) would be made null and void. 1) Section 7-6. Supplemental Criteria form existing CAB Ordinance (a) General Requirements and (b) Exterior Space "' could be shifted to Site Plan Review Section, Section (X) (m) Supplemental Regulations of the Village of Tequesta Comprehensive Zoning Ordinance. 2) Section 7-6. (c) - (e) regarding Landscaping could be shifted and included in the Landscaping Regulations of the Village of Tequesta Comprehensive Zoning Ordinance; Supplemental Regulations (X) (H). 3) Section 7-7 of existing CAB Ordinance designates the CAB as the Tree Board of the Village of Tequesta. The powers and duties of this Board could be transferred to the Planning and Zoning Board. If done this way its designation and duties could be added to Section 7-3. Authority section of the proposed Planning and Zoning Board. This duty could also be transferred to the Village Council. If this option were chosen, an Ordinance making this designation and assignment of duties would have to be constructed for action by Council. B. Other Village Ordinances. Article II: Local Planning Agency, Section 13.1-22 of the Village of Tequesta Code of Ordinance (page 802) would have to be amended to appoint the Planning and Zoning Board as Local Planning Agency. Page 4 of 4