HomeMy WebLinkAboutDocumentation_Regular_Tab 18_02/14/2008i~~~
';~'~"'
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
2/14/08 Meeting Type: Regular Ordinance #. : ~ ~ .~ $~ :.~;
Consent Agenda: No Resolution # ,,,o to Fu,+ + ,:~.
Originating Department: Attorney
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Council discussion and direction regarding proposed Code revisions to the duties of the Local
Planning Agency and the Planning and Zoning Advisory Board
3. BUDGET /FINANCIAL IMPACT:
Account #. : s~. Amount of this item: ~`'` ~_k hor ~ ;o t ~~
Current Budgeted Amount Available: Amount Remaining after item:
< _.
Budget Transfer Required: Appropriate Fund Balance: F;~ ~ _.,
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
In reviewing the Code of Ordinances, certain state mandated duties of the Village's Local Planning Agency
(LPA) are listed as the responsibility of the Planning and Zoning Advisory Board (P&Z) and are not listed as
duties of the LPA. The Village Council is currently designated as the Village's LPA; thus the Code must be
revised to come into compliance with state law. The LPA has no site plan authority; such authority rests with
the Village Council. In order to bring into compliance with state law, the Code must be amended to assign the
proper duties to the LPA (Village Council) and should be revised dealing with the authority of the P&Z Board.
5. APPROVALS:
Dept. Head~• Finance Director:
~~
Attorney: (for legal sufficiency) Yes ~ No ^
Village Manager: L------~-----~
SUBMIT FOR COUNCIL DISCUSSION:
APPROVE ITEM: ^
DENY ITEM: ^
~~~~~~~~
ATTORNEYS AT LAW
~( 11 1 I HypoluxoC~~~~~Road, Suite 207
JOHN CORBETT TELEPHONE (561) 586-7116
TRELA J. WHITE TELECOPIER (561) 586-96] I
BRADLEY W. BIGGS*^
KEITH W. DAMS*^ * Slate Certified County and
R. MAX LOHMAN** Circuit Court Mediator
** Certified County Court Mediator
^ Board Certified in City, County and Local Government Law
MEMORANDUM
TO: Mayor Jim Humpage, Village Council Members and
Michael R. Couzzo, Jr., Village Manager
FROM: Trela J. White, Esq.
DATE: January 24, 2008
RE: Duties of the Local Planning Agency and the
Planning and Zoning Advisory Board; Proposed Code Revisions
In reviewing Tequesta's Code of Ordinances, it has come to my attention that certain state-
mandated duties of the Village's Local Planning Agency ("LPA") are listed as the responsibility of
the Planning and Zoning Advisory ("P&Z") Board and are not as listed as duties of the LPA. The
Village Council is currently designated as the Village's LPA. Thus, the Code must be revised to
come into compliance with state law. An analysis of the issue follows:
1. Section 163.3174, F.S. requires all local governments to "...designate and by ordinance
establish a `local planning agency'...."
2. The Village of Tequesta has complied with this section of the state law and has designated
the Village Council as the Village's LPA at Sec. 63-32 of the Code of Ordinances.
3. State law requires the LPA of each local government to conduct the comprehensive
planning program; and to review and make recommendations to the governing body regarding the
following:
A. adoption of the comprehensive plan;
B. amendments to the comprehensive plan; and
C. land development regulations which include zoning, re-zoning, subdivision,
building construction, sign regulations or any other regulations controlling
the development of land. Sec. 163.3164(22), F.S.
4. Currently the Village's P& Z Board is charged with most of these duties even though it is
not designated as the Village's LPA. Specifically, Section 22-53 of the Village Code grants the
following authority to the P& Z Board as quoted directly from the Code:
Sec. 22-53. Authority.
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) Gather and analyze data and such other information to amend the
village's Comprehensive Development Plan, prior to review and adoption by
the village council.
(2) Review and recommend to village council land development regulations
to implement the Village of Tequesta Comprehensive Development Plan. The
land development regulations include, but are not limited to, the following:
a. Village of Tequesta Comprehensive Zoning Ordinance.
b. Village of Tequesta Subdivision Regulations.
c. Village of Tequesta community appearance standards and
regulations.
d. Any other land development regulations required or allowed
pursuant to F.S. ch. 163, or other applicable law.
(3) Review and recommend to village council regarding applications for:
a. Site plan in accordance with regulations and requirements of
Section X (M), Village of Tequesta Comprehensive Zoning Ordinance.
b. Special exceptions in accordance with regulations and
requirements of Section X (J) Special Exception Uses, Village of
Tequesta Comprehensive Zoning Ordinance.
c. District boundary changes (re-zonings) in accordance with
regulations and requirements of F.S. ch. 166.
d. Text amendments to Village of Tequesta Comprehensive
Development Plan in accordance with F.S. ch. 163, Comprehensive
Planning and Land Development Regulation Act (State Planning
Law) and Rule 9J-5, Fla. Admin. Code
e. Text amendments to land development regulations in accordance
with F.S. ch. 163, Comprehensive Planning and Land Development
Regulations Act (State Planning Law) and Rule 9(J).5, Fla. Admin.
Code
f. Voluntary annexations in accordance with F.S. ch. 171, Municipal
Annexation or Contraction.
g. Abandonments.
h. Any other reviews, related to planning, zoning and development
specifically requested of the planning and zoning advisory board by
the village council.
(4) Review and recommend to village council regarding proposed
condemnations. The planning and zoning advisory board may adopt such
rules and procedures as are necessary to perform its duties.
(Ord. No. 599, § 1, 5-12-2005)
5. The LPA is only delegated the following authority at Sec. 62-33 of the Village Code:
Sec. 62-33 Duties.
The local planning agency, in accordance with F.S. §§ 163.3161--163.3211, shall:
(1) Conduct the comprehensive planning program, and prepare the
comprehensive plan or elements or portions thereof for the village.
(2) Coordinate the comprehensive plan or elements or portions thereof with the
comprehensive plan of other appropriate local governments and the state.
(3) Provide that the comprehensive plan or elements or portions thereof shall be
adopted.
(4) Monitor and oversee the effectiveness and status of the comprehensive plan,
and make such changes in the comprehensive plan as may be required from time
to time. (Code 1977, § 13.1-23)
6. It should be noted that the LPA has no site plan review authority; such authority rests
with the Village Council pursuant to Sec. 78-334; thus all site plans will be heard by the Village
Council at its regular meetings from now on.
7. In order to bring the code into compliance with state law, it must be amended to assign
the proper duties to the LPA (Village Council) and should be revised at the Section dealing with
the authority the P&Z Board to delete the LPA duties in order to avoid duplication.
8. While reviewing this matter, please refer to paragraph 4 above where Sec. 22-53 is
quoted verbatim. Certain of the duties now assigned to the P & Z Board are optional. For
instance, there is no requirement that special exceptions, annexations, abandonments or
condemnations be reviewed by the P & Z Board or by the LPA. These items can come directly to
the Village Council, if desired.
9. There is legislation currently proposed which would prohibit the local governing body
from designating itself as the LPA since such a designation is viewed by some as merely
providing fora "rubber stamp" as opposed to independent review. However, the law now allows
the Village Council to sit as the LPA.
10. I would advise placing this item on the Council's next agenda for discussion in order
that these discrepancies may be cleared up as soon as possible.
11. Should additional information and/or research be desired, please advise.
Y:\docs\V illage of Tequesta\Memos-LegalServices\Memo-P&Z-LPA-issues