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HomeMy WebLinkAboutDocumentation_Regular_Tab 12_03/18/2008VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: 3/18/08 Meeting Type: Regular Ordinance #: Ord 5-08 Amount Remaining after item: Consent Agenda: No Resolution #: Click here to enter text. Budget Transfer Required: Choose an Originating Department: Attorney 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 5-08, First Reading, Amending Chapter 22. Community Development at Article II. Community appearance. Division 1. Generally. By amending section 22-31 to remove reference to the Community Appearance Board since that Board no longer exists; further amending division 2. Planning and Zoning Advisory Board. By amending this Division at Sections 22-53, 22-55 and 22-56 to revise the authority, power and duties of the Planning and Zoning Advisory Board; providing that each and every other section and sub- section of chapter 22. Community Development 3. BUDGET / FINANCIAL IMPACT: Account #: Click here to enter text. Amount of this item: Click here to enter text. Current Budgeted Amount Available: Amount Remaining after item: Click here to enter text. Click here to enter text. Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. item. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The attached Ordinance amends Chapter 22 by removing the reference to the Community Appearance Board since the Board no longer exists. This brings our Code current regarding this issue 5. APPROVALS: Dept. Head: Attorney: (for legal sufficiency) Village Manager: �l'y • SUBMIT FOR COUNCIL DISCUSSION: APPROVE ITEM: 0 DENY ITEM: ❑ Finance Director: Yes U No ❑ MEMORANDUM Village of Tequesta Clerk's Office TO: Mr. Michael R. Couzzo, Jr., Village Manager Honorable Mayor and Village Council Members FROM: Lori McWilliams, Village Clerk DATE: February 25, 2008 SUBJECT: Ordinance 5-08 The attached Ordinance amends Chapter 22 by removing the reference to the Community Appearance Board since the Board no longer exists. This brings our Code current regarding this issue. ORDINANCE NO. 6-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 22. COMMUNITY DEVELOPMENT. AT ARTICLE II. COMMUNITY APPEARANCE. DIVISION 1. GENERALLY. BY AMENDING SECTION 22-31 TO REMOVE REFERENCE TO THE COMMUNITY APPEARANCE BOARD SINCE THAT BOARD NO LONGER EXISTS; FURTHER AMENDING DIVISION 2. PLANNING AND ZONING ADVISORY BOARD. BY AMENDING THIS DIVISION AT SECTIONS 22-53, 22-55 AND 22-56 TO REVISE THE AUTHORITY, POWER AND DUTIES OF THE PLANNING AND ZONING ADVISORY BOARD; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 22. COMMUNITY DEVELOPMENT. 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, it has come to the attention of the Village Council that Division 1 of the Village's Community Development code is in need of revision to eliminate reference to the Community Appearance Board since that board no longer exists; and WHEREAS, it has also come to the attention of the Village Council that the authority, power and duties of the village's planning and zoning advisory board, as codified at Chapter 22 of the village code are in need of revision; and WHEREAS, the Village Council desires to adopt such revisions to the village's planning and zoning advisory board code; and WHEREAS, the Village Council believes the code amendments contained in this ordinance will accomplish this and will be in the best interests of the Village of Tequesta. 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. Community Appearance. Division 1. Generally. at Section 22-31. by amending this section to remove reference to 1 the community appearance board since it no longer exists; providing that Division 1. Generally. shall hereafter read as follows: DIVISION 1. GENERALLY Sec. 22-31. Provisions supplemental; compliance with other regulations. The requirements of this article are in addition to any other requirements of this Code such as chapter 78, pertaining to zoning, and the building code. Appreval by the norrmmunity appearanGeboard of agivenset of plans and speGifiGatienc goes not this Code. Secs. 22-32--22-50. Reserved. Section 2: Chapter 22. Community Development. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article II. Community Appearance. Division 2. Planning and Zoning Advisory Board. by amending this Division at sections 22-53, 22-55 and 22-56 to revise the authority, power and duties of the Planning and Zoning Advisory Board; providing that Division 2. Planning and Zoning Advisory Board. shall hereafter read as follows: DIVISION 2. PLANNING AND ZONING ADVISORY BOARD Sec. 22-51. Creation, members, terms, appointment. A planning and zoning advisory board is hereby established. (a) Composition of the board. The board shall be composed of five regular members and two alternate members (who shall serve without compensation), appointed by the village council. At the time of appointment and at all times during which they serve, all members (i) shall reside in the village (with no two board members coming from the same homeowners', condominium or community association), (ii) shall not serve on the village council or on any other village board or committee, and (iii) shall not be employed by the village or any of its contractors. In the event that a lack of qualified eligible applicant(s) needed to satisfy the requirements as stated, the village council shall have the authority to appoint the vacant seats from any area of the Village of Tequesta. (b) Alternate board members. In addition to the regular board members, two additional members, to be designated at the time of their appointments as alternate #1 and alternate #2, shall be appointed to serve on the board, in that order, at meetings of the board when necessary to ensure that each application receives consideration by a full board. 2 (c) Terms of office. Of renReaular members of the board shall be appointed for a firsappointed, one shall rhe -teFm of one „eaF, =We for the term oftwo yeaFs; and two feF the term of three years (as deteFmined by let), ftem and afte their appointment. Th i ors, shall be appointed for the teFm of three yeaFs from and- after -the -eXpiFatien-ef- the �teFFnG of their predesesserns ine Alternate members of the board shall sewe be appointed for a term of two years,h-erthe firs* appoi^tea aft-ernatue members, one ;-%hall senVe for one year, and one shall serve for two years (as determined by let). TheFeafter, alternate Fnember-s shall be appointed for We yea -F terms. (d) Voting. A majority of the board (i.e., three 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 event that only three members are present, a unanimous vote of all present in favor of an application is required to make a recommendation of approval. If no motion receives the necessary majority vote, that shall constitute a recommendation of denial. (e) Termination/resignation. All board members shall serve at the pleasure of the village council and derive no property rights from their appointed position. The village council may, by a majority vote, remove any board member at any time for any reason or no reason. All board members shall abide by state laws and village ordinances regarding ethical behavior. Vacancies in the board membership by resignation, illness or other causes shall be filled by the village council for the unexpired term of the member involved. Three absences in a row or three unexcused absences within the fiscal year of the village, shall constitute cause for automatic dismissal from the board. Sec. 22-52. Organization, qualification of members. The board shall select its own chair and vice -chair annually at the first meeting of the calendar year. The director of the department of community development or his designated representative shall serve as clerk to the board. All members of the planning and zoning advisory board shall be qualified electors of the village. Sec. 22-53. Authority 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: (1) GatheF and analyze data and suoh etheF infWmation to amend the village!& Comprehensive Development Plan, pFier W Feview and adoption by the village GOURGOI. (2) Reveew and FeGOFnFnend to village GGunGi1 land development regulateens-4G d mplement the Village of T-equesta GempFehensive Development Plan. The land development regulationsnnlurlo but aro not limited to the fellewinn• a. Village of Tequestaeh a Zoning Or-dinanne. h Village of Ten„esta Subdivision Regulati , G. Village of T-equesta GOMMunity appearaRGe standards and regulations. d. Any otheF land development Fegulations Fequir-ed OF allowed pursuant to F.S. 163, OF other appliGable law. {3} a) Review and make recommendations FeGOMmend to the village council regarding applications for: 3 a. M. Site plan review including aesthetic review in accordance with regulations of Division 3. of Article II. Community Appearance. Chapter 22. Community Development. and the requirements of Septi^ Article IX. Division 2 of the village zoning code Village of Tequecta Ge mnrehencive Zoning OF dinanne % (U SpeGial exreptione, On aGrer-danre with regulations and Its of Sen-fi Signage requested in conjunction with site plan review or modification in accordance with Article XI of the village zoning code. T „ir entcof C C nh 166:. ext amendments to Village of Tequesta Comprehensive Development Pla with F.S. nh ,mmprehensrive Planning and and Developcenrrtc Regulation (State Planning Law) and Rule Qj 6, Fla. Admin. Code e. Te)d amendments to land development regulations On -ar--n-erdanGe with F S nh I R GempFehensiye Planning and Land Development Regulations AGt (State Planning Law) and Rule Q(j).5, Fla. Admen. Code f^. , MuniGipal Annexation OF �i� g. AbandeRments. h-.3�. Any other reviews, related to planning, zoning and development specifically requested of the planning and zoning advisory board by the village council. The planning and zoning advisory board may adopt such rules and procedures as are necessary to perform its duties. Sec. 22-54. Powers and duties as official tree board of the village. In addition to the functions provided pursuant to the other provisions of this chapter, the planning and zoning advisory board shall constitute the official Tree Board of the Village of Tequesta and as such shall: (a) Annually develop and present to the village GOURGO! a written GOMmunity t management pm9ram and suppeFting work plan WhiGh, upon aGGeptaRGe by the village il, shall GGn6t*t' AA thim OffiGial Gamp.rehenstive tree plan ibr the village--.. (b) Annually prepare plaR6 foF a Teque6ta Ann ---:-41 Arbor Day GeremeRy, f9F approval by the village nn„nnil (G) Make reremmendateens to the village GGunGil upon any matteF GGFning within the c none of its weFk, as deemed neves ary (d) (a) Make recommendations to the village council that certain trees located within the village be designated as specimen, historic, native or endangered trees. In making such a determination, the Tree Board shall consider, but not be limited to, the following criteria: (1) The significance of the tree as a village landmark. (2) The significance of the tree due to high value because of its size, age and/or historic value. (3) The significance of the tree to the history of the village, State of Florida or the Nation. (e) (b) Perform any other duties assigned by the village council. El Section 22-55. Duties and respGnsibilities Procedure. La 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 an appliGat 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. Ob Notice. Notice of public hearing shall be advertised a minimum of ten (101 days in advance of all planning and zoning advisory board public hearings in a newspaper of general circulation in the area. Sec. 22-56. Meetings; records. The planning and zoning advisory board may sly adopt rules of procedure for the conduct of its business, consistent with the provisions of this division. Meetings of the board shall be held ., an this nermal meeting date, an alternate meeting date shall be established by the at such times as set by the plannina and zoning advisory board with the final approval of the village council. Tho witnesses.- All meetings of the board and its files or records shall be open to the public. The planning and zoning advisory 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 Village Clerk and shall be a public record. Section 22-57. Filing fee. Upon filing an application to the planning and zoning advisory 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 and amended by resolution of the village council, shall not be reimbursable, and is intended to defray the costs of administering, processing and reviewing the application. Additionally, to cover all additional administrative costs, actual or anticipated. includina. but not limited to. engineering fees. consultina fees. attorneys' fees and special studies, the applicant shall compensate the village for all 5 such costs prior to the processing of the application. not later than 30 days after final application approval. whichever is determined as appropriate by the building official. Secs. 22-58--22-80. Reserved. Section 3: Each and every other section and subsection of Chapter 22 Community Development shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall become effective immediately upon passage. FIRST READING this 18th day of March, 2008. SECOND AND FINAL READING this 10th day of April, 2008. 0