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Home My WebLink AboutDocumentation_Regular_Tab 08_02/10/2011 � � VILLAGE OF TEQUESTA ' AGENDA lTEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 4-11 February 10, 2011 Consent Agenda: No Resolution #: Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance No. 4-11: Amending The Viilage Code of Ordinances at Chapter 22 Community Appearance, Division 2. Planning and Zoning Advisory Board. Section 22-53. Powers and Duties. And Section 22-55. Procedure. to clarify the Board's final authority regarding approval of certain entry features and certain site plan modifications. 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 4-11 amends Chapter 22 Community Development, Planning and Zoning Advisory Board, at Sec. 22.53 Powers and duties and Sec. 22-55 Procedures to correct an internal inconsistency in its code regarding the Board's final authority to approve applications for the construction of certain entry features and to expand the Board's final authority regarding certain site p{an modifications. 5. APPROVALS: -- f , '' � �_ Dept. Head: .w. �` �� a` Finance Director: ❑ Reviewed for Financial � Sufficiency ��o Financial Impact ,� Attorney: (for legaf sufficiency) Yes ❑ No ❑ Village Manager: �� '-- • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVE ITEM: ❑ • DENY ITEM: ❑ Memo�andum To: Mayor, Vice Mayor and Village Council Michael Couzzo, Village Manager � From: James M. Weinand, Dir. of Community Dev./Fire Chief�� Date: February 2, 2011 � ,� Subject: Amending Sec. 22.53 Powers and Duties and Sec. 22.55 Procedure, Planning and Zoning Advisory Board. Attached is Ordinance 4-11, which corrects an internal inconsistency in the Code regarding the Planning & Zoning Advisory Board's final authority to approve applications for the construction of certain entry features and expands the Board's final authority regarding certain site plan modifications. Sec. 78-284(b) of the Zoning Code allows for the Planning and Zoning Board to approve entry features in the R-lA and R-1 Zoning districts and in the residential areas within a mixed use development located in the MU zoning district. Ord. 4-11 will , amend Chapter 22 at Sec. 22-53. Powers and Duties to allow the Board to review and make a final determination regarding applications for the construction of entry features as provided in Sec. 78-284(b); and Sec. 22-55 Procedure, will allow the Board final authority. This Ordinance also allows the Board to review and make final determination regarding aesthetic modifications to exterior building color or finish only, when not accompanied by any other site plan modification, thereby eliminating the Site Plan Review process before Village Council. � i m:�adminislration doeuments�villxge manager�agenda ilempgz board 2.10.1 l.doc ORDINANCE NO. 4-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT. ARTICLE II. COMMUNITY APPEARANCE. DIVISION 2. PLANNING AND ZONING ADVISORY BOARD. SECTION 22-53. POWERS AND DUTIES. AND SECTION 22-55. PROCEDURE. TO CLARIFY THE BOARD'S FINAL AUTHORITY REGARDING APPROVAL OF CERTAIN ENTRY FEATURES AND CERTAIN SITE PLAN MODIFICATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. 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, the Village Council of the Village of Tequesta desires to correct an internal inconsistency in its code regarding the planning and zoning advisory board's final authority to approve applications for the construction of certain entry features; and WHEREAS, the Village Council further desires to expand the planning and zoning advisory board's final authority regarding certain site plan modifications; and WHEREAS, the Village Council believes that these amendments to the Code of Ordinances are in the best interest of the health, safety and welfare of the Village, its citizens and � businesses. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: I, Section 1 : Cha ter 22. C mm ' I p o unrty Development. Article II. Communrty Appearance. Division 2. Planning and Zoning Advisory Board. of the Code of Ordinances of the Village of Tequesta is hereby amended at Sec. 22-53. Powers and duties. and Sec. 22-55. Procedure. to clarify the Board's final authority regarding approval of certain entry features and to expand the Board's final authority over certain site plan modifications; providing that Sec. 22- 53 and Sec. 22-55 shall hereafter read as follows: 1 Sec. 22-53. Powers and duties. The planning and zoning advisory board sha11 have general authority (provided that, in order to provide for proper budgetary allocations, any request requiring extensive staff or attorney time must first be approved by the village manager) to: (a) Review and make recommendations to the village council regarding applications for: (1) Site plan review or site nlan modification including aesthetic review in accordance with regulations of division 3 of article II, community appearance, chapter 22. Community development, and the requirements of article IX, division 2 of the village zoning code excent as nrovided in section (bl below. (2) Signage requested in conjunction with site plan review or site nlan modification in accordance with article XI of the village zoning code. (3) Any other reviews, related to planning, zoning and development specifically requested of the planning and zoning advisory board by the village council. Lbl Review and make a final determination re�ardin� annlications for the construction of entrv features as nrovided in Sec. 78-284(bl. (c) Review and make a final determination ree ardin� aesthetic modifications to exterior buildin� color or finish onlv when not accomnanied bv anv other site nlan modification �d {� The planning and zoning advisory board may adopt such rules and procedures as are necessary to perform its duties. Section 22-55. Procedure. � (a) Advisory only. Recommended actions of the planning and zoning advisory board shall be recorded in written form for transmittal to the village council. Prior to adoption of a recommendation with respect to any matter brought before it for consideration, the planning and zoning advisory board shall 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) Comments, if any, from the applicant, staff or the public. (bl Final Authoritv. The nlannin� and zonin� advisorv board shall have final authoritv as nrovided in Sec. 78-284(bl and (cl. �c �} Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of all planning and zoning advisory board public hearings in a newspaper of general circulation in the area. (Ord. No. 5-08, § 2, 4-10-2008) Section 2: Each and every other section and subsection of Chapter 22. Community �, Development. shall remain in full force and effect as previously enacted and adopted. 2 Section 3: All 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 and incorporate this Ordinance into the existing Code of Ordinances of the Village of Tequesta. Section 6: This Ordinance shall become effective immediately upon passage. I ' � I i 3 I