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HomeMy WebLinkAboutOrdinance_09-11_06/09/2011 ORDINANCE NO. 9-11 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. DIVISION 2. PLANNING AND ZONING ADVISORY BOARD. BY AMENDING SEC. 22 -53 TO REFER TO THE PLANNING AND ZONING ADVISORY BOARD'S DUTIES AS THE LOCAL PLANNING AGENCY; 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 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 Village 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. 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. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Division 2. Planning and Zoning Advisory Board. by amending Sec. 22 -53. to refer to the Village Planning and Zoning Advisory Board's duties as the Local Planning Agency; providing that Sec. 22 -53. shall hereafter read as follows: Sec. 22 -53. Powers and duties. The planning and zoning advisory board shall 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 plan modification including aesthetic review in accordance with regulations of division 3 of article I1, community appearance, chapter 22. Community development, and the requirements of article IX, division 2 of the village zoning code, except as provided in section (b) below. (2) Signage requested in conjunction with site plan review or site plan 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. (b) Review and make a final determination regarding applications for the construction of entry features as provided in section 78- 284(b). (c) Review and make a final determination regarding aesthetic modifications to exterior building color or finish only, when not accompanied by any other site plan modification. (d) Pursuant to Chanter 163, Florida Statutes. and Chanter 62 of the Village of Teauesta Code of Ordinances, sit as the Village's Local Planning Agency. (0 (d) The planning and zoning advisory board may adopt such rules and procedures as are necessary to perform its duties. Section 2: Each and every other section and subsection of Chapter 22. Community 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: Specific authority is hereby granted to codify this Ordinance. Section 6 : This Ordinance shall become effective immediately upon passage. Upon Second Reading this 9 day of June 2011, the foregoing Ordinance was offered by Council Member Turnquest who moved its adoption. The motion was seconded by Council Member Brennan and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice -Mayor Vince Arena X Council Member Abby Brennan X Council Member Jim Humpage X Council Member Calvin Turnquest X The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of June 2011. MAYOR OF TEQUESTA Tom Pate ATTEST: s1 ,P P 0 i9 Q C•� , �a, Lori McWilliams, MMC Village Clerk - INCORpORATED .