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Home My WebLink AboutDocumentation_Regular_Tab 06_06/09/2011 ��" �"` VILLAGE O Redistributed from May Meeting r s�, "��, �� AGENDA ITEM TF �� 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 8-11 8f5/10 � Consent Agenda: No Resolution #: Click here to enter te7ct. Originating Department: Manager 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 8-11, First Readinq, Amending the Village Code of Ordinances at Chapter 62 Planning and Development. Article II. Local Planning Agency. By Amending Sec. 62-32 to Designate the i Planning and Zoning Advisory Board as the Local Planning Agency 3. BUDGET / FINANCIAL IMPACT: � Account #: �dick here ta enter text. Amount of this item: Click here to enter text. i i Current Budgeted Amount Available: Amount Remaining after item: � C4ick here to erter text. Click here to ��e� tex�. Budget Transfer Required: Choose an Appropriate Fund Balance: Chaose an item. !��. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 8-11, First Readinq, Amending the Village Code of Ordinances at Chapter 62 Planning ' and Development. Article I1. Local Planning Agency. By Amending Sec. 62-32 to Designate the , Planning and Zoning Advisory Board as the Local Planning Agency 5. APPROVALS: Dept. Head:_��--"'`'' Fina Director: ❑ Reviewed #or Financial Sufficiency � No Financial lmpact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: � • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVE ITEM: • DENY ITEM: [] Form amended 08/26/08 Minutes — Regular Council Meeting 4/14/11 Page 4 analysis was not necessary. Vice Mayor Arena pointed out that it was a large expense. Council Members Turnquest and Brennan voiced they did not feel the study necessary. No formal action was taken. 10. Council Discussion regarding placing the Planning and Zoning Board as the sitting Local Pfanning Agency Board Manager Couzzo suggested the Planning and Zoning Board (P&Z) was a capable group of educated persons which would alleviate duplicated Council efforts and offer an additional perspective. He noted that the Planning and Zoning Board agreed to accept the additional responsibility. Council Member Brennan confirmed the move would eliminate a Local Planning Agency (LPA) meeting prior to Council's regular meetings. Chief Weinand, Acting Community Development Director, established that the board would make recommendations only, and final decisions would always be completed by the Council. Mayor Paterno voiced his concem with experience of the volunteer positions versus elected Council Board members on items such as special exceptions. Attomey Davis explained the requirements associated with the LPA and reassured that Council would always be the final say. Council Member Brennan asked if Council could receive the LPA agenda packets. Manager Couzzo agreed the agendas would also be prepared for Council. MOTION: Council Member Tumquest moved approval of Item 10; seconded by Council Member Brennan; motion carried unanimously 4-0. Attorney Davis explained an Ordinance would be prepared for the standard finro readings, and stated a breakdown of each board and their responsibilities would be developed for Council. 11. Council Discussion and Approval to place the FOPS Golf Tourrtiament Flyer on Village Website Chief Weinand explained the annual FOPS (Friends of Public Safety) Golf Tournament event and the support intended through the Village Public Safety. Vice Mayor Arena referred to a previous agreement which specified a standard rule at a yearty Village event and suggested the same be applied for the yearly FOPS Golf Toumament and utilization of the Village website. Council Member Turnquest voiced his concern and fett Council approval should always be obtained in reference to the Vil{age webs�e and its content. ORDINANCE NO. 8-11 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 II. LOCAL PLANNING AGENCY. BY AMENDING SEC. 62-32 TO DESIGNATE THE PLANNING AND ZONING ADVISORY BOARD AS THE LOCAL PLANNING AGENCY; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTIOPI OF CHAPTER 62. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTNE DATE; AND FOR OTHER PURPOSES. WHEREAS, the �Ilage Council is currently designated as the Local Planning Agency for the Village of Tequesta; and WHEREAS, the Village Council believes that the Village's planning and development policies as implemented through the comprehensive development plan and the Village's land development regulations would be better served by having a collegial body other than the Village Council serve as the Local Planning Agency; and WHEREAS, the �Ilage Council desires to designate the planning and zoning advisory board as the Village's Local Planning Agency; and WHEREAS, the Village Council believes that these amendments to the Village's planning and development code will be in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. PIOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Secfion 1: Chapter 62. Planning and Development. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Local Planning Agency. by amending Sec. 62-32 to designate the Village Planning and Zoning Advisory Board as the Local Planning agency; providing that Chapter 62. Article II. shall hereafter read as follows: ARTICLE 11. LOCAL PLANNING AGENCY Sec. 62-39. Statutory authority. This article is enacted pursuant to and in accordance with provisions of F.S. § 163.3174. Sec.62-32. Designation. The alannina and zonina advisorv board �se�si� is hereby designated as the local planning agency for the incorporated territory of the village. Sec.62-33. Duties. The local planning agency shall conduct the village's comprehensive planning program. Specifically, the local planning agency shall: (a) Prepare the comprehensive plan or elements or portions thereof as well as amendments thereto, and make recommendations to the village council regarding the adoption of the plan or elements or portions thereof as well as amendments thereto. (b) Monitor and oversee the effectiveness and status of the comprehensive plan, and recommend to #he village council such changes in the comprehensive plan as may from time to time be required, including preparation of the evaluation and appraisal report as may from time to time be required. (c) Review proposed land development regulations, land development codes, or amendments thereto, and make recommendations to the village council as to the consistency of such proposed regulations, codes or amendments thereto with the adopted comprehensive plan. For purposes of this section, "land development regulations" means ordinances ena�ted by the village council for the regulation of any aspect of development and includes the village's zoning code, subdivision code, building code, sign code, and any other code controlling the development of land including re-zoning and district boundary changes. Sec. 62-34. Organization and rules of procedure. The local planning agency shall follow such rules of procedure, methods of choosing officers, setting of public meetings, providing of financial support and accomplishing its duties as provided in the Charter and the ordinances of the village. Sec. 62-35. Meetings and records to be public; public participation. All meetings of the local planning agency shall be public meetings, and all agency records shall be public records. The local planning agency shall encourage public participation. Sec.62-36. Funding. The village council shall appropriate funds at its discretion for expenses necessary for the preparation of the comprehensive plan or elements or portions #hereof as well as amendments thereto and any necessary implementing ordinances. The local planning agency may, in order to accomplish the purposes and activities required by the Local Government Comprehensive Planning and Land Development Regulation Act (F.S. § 163.3161 et seq.), expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans and other sources, provided that acceptance of loans or grants must be approved by the village council. Sec.62-37. Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of all local planning agency public hearings in a newspaper of general circulation in the area. Secs.62-38--62-fi0. Reserved. Section 2: Each and every other section and subsection of Chapter 62. Planning and Development. shall remain in full force and effect as previously enacted. 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: Spec�c authority is hereby granted to codify this Ordinance. Section 6: This Ordinanoe shall become effective immediately upon passage.