HomeMy WebLinkAboutDocumentation_Regular_Tab 06_03/10/2011 °� � � VILLAGE OF TEQUESTA
"°,�; AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Regular Ordinance #: 4-11
March 10, 2011
Consent Agenda: No Resolution #:
Originating Department: Communifiy Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Second Reading Ordinance No. 4-11: Amending The Village 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 plan ifi ations.
5. APPROVALS: /
Dept. Head: Finance Director: ❑ Reviewed for Financial
Sufficiency
,'� No Financial Impact
� _ � `,!
Attorney: (for legal sufficiency) � Yes ❑ No ❑
Village Manager: —
• SUBMIT FOR COUNCIL DISCUSSION: �
i
• APPROVE ITEM: ❑
• DENY ITEM: �
ORDINANCE NO. �4-11
AN ORDINANCE �F THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VII.,LAGE CODE OF
ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT.
ARTICLE II. CO 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
SECTIQN AND SUBSECTION OF CHAPTER 22. SHALL REMAIN IN
FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAU5E, 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 modificationa; 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 Villa,ge, its citizens and
businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 22. Community Development. Article II. Commwuty
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 Gertain entry features and
to expand the Board's final authority over certain site plan mo�ifications; providing that Sec. 22-
53 and Sec. 22-55 sha11 her�after read as follovvs:
1
Sec. 22-53. Powers and duties.
The planning and zaning advisory board sha11 have general authority (provided that, in order to
provide for proper budgetaty allocations, any request requiring extensive staff or attorney tirne
must first be approved by the village manager) to:
(a) Review and make recommendations to the village council regazding applications for:
(1) Site plan review or site �lan 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�s
nrovided in section (b) below
(2) Signage requested in conjunction with site plan review or site madification 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 zaning advisory board by the viliage council.
(bl Review and make a final determination re�ar ' s aunlications for the construction of entrv
�
features as nrovided in Sec. 78-284Cb).
(cl Review and make a fmal determination re�ardine aesthetic modifications to exterior
en ot accomnanied bv anv other site nlan modification.
�{� The planning and zoning advisory board may adopt such rules and procedures as aze
necessary to perform its duties.
Section 22-55. Procedure.
(a) Advisory only. Recomtnended actions of the planning and zoning advisory board sha11 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 imp�ct 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, sta.ff or the public.
) Final Authoritv. The �� and zonin� advisorv board shall have final. authoritv as
nrovided in Sec. 78-284fb1 and (cl.
��b-} 1Votice. Notice of public hearing shall be advertised a minimutn 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
Developrnent. sha11 remain in full force and effect as previously enacted and adopted.
z
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 6t This Ordinance sha11 become effective immediately upon passage.
3