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Home My WebLink AboutDocumentation_Regular_Tab 10_06/13/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 15-13 6/13/13 Consent Agenda: No Resolution #: Originating Department: Attorney ` �` •• • � - C -• • -�• Ordinance 15-13, First Readinq, Amending Chapter 78. Zoning. By Amending Sec. 78-4. Definitions. By Creating a Definition for Veterinary Office; Further Amending Sec. 78-178. C-3 General Commercial District. To Include Veterinary Office as a Permitted Use in that Zoning District � . . ■. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: � a��>�_>:3� __ , Appropriate Fund Balance� �:��c��E� �� ta��,. � � •' .� • •- • • � .�- •. . -� . . Department Head ,,�,� Finance Director � Reviewed for Financial S iciency ❑ No Financial Impact Q� ` Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � Approve Item: ❑ � Deny Item: � • • - . . - _. -- - . -. .- - . .- - .- . ..- . . -.. ... - . - - - . - Form Amended: 7/12/12 DRAFT Planning & Zoning Advisory Board �ing as tl�� Local Planning Agency MEETING MINUTES May 18, 2013 1. CALL TO QRDER �►ND ROLI CALL The Village of Tequesta Planning � Zoning Advisory Boar�d sitting as the Local Planning Agency held a regularly scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida, on Thursday, May 16, 2013. The meeting was called to order at 5:30 p.r�. A roll call was taken by Gina Lawrence, Community Development Clerk, who noted the following were present: Chair James Hackett, Vice Chair Michael Schmidt, Board Member Elizabeth Schauer, Board Member Steven Eagen, Board Member Janet Strar�, Altemate Sebastian Loaiza, and Attemate Ashley Warren. Also present �re Community Development Director Nilsa Zaca!�ias, Village Attorney Keith Davis, and Community Develapment Clerk Gina Lawrence. 2. /�PPROVAL OF AGENDA AAOTION Boarr! Member Schauer moved to approve the agenda as submitted. Bvard Member Eagen seconded the motion, which camied by unanimous 5-0 vote. 3. R�ORGAIdIZATION OF THE BOARD PURSUAMT TO SEC. 22-52 TEQUESTA C�DE AIIOTION Boand Member Schauer moved to appoint James Hackett as Chair and 119ichael Schmidt as Vice Ghair for anofher year. 8oarrl Member Strand secanded the motion, dvhich carri�d by unanimous 5-0 vote. 4. APPROYAL OF PREYIOUS MEETtIdG MiNUTES MOTIt)N 8oand Member Schauer moved fo approve the minutes of the Januay 17, 2013 meeting as submi�ted. Board Member Eagen seconded the motion, which carried by unanimous 5-0 vote. 5. ORDINANCE NO. 91-13 An Ordinance of the Village Council of the Yillage of Teques�, Florida, amending the Vfllage Code of Ordinances at Chapter 22, Community Development, by Planning & Zoning Advisory Baard Sitting as �e Local Planning Agency IIAEETING MINUTES AAay 16, 2013 Page 2 of 3 amending this Chapfier to provide internal consis�ncy, to provide final decision- making author�ty to the Planning and Zoning Advisory Board for certain Site Plan Modifications; to provide procedures; collec�on of Administrative Fees; and to clarify certain aeslfietic definitions and policies; providing that each and e�ery other Section and Subsection of Chapter 22 shall remain in full force and effect as previously adopted; providing a conflic�ts clause, a severabllity clause and authority to codify; providing an effecfive date; and for otl�er purposes. The Village Attomey read Ordinance No. 11-13 into the record and provided a description. Community Deaelopment Director Nilsa Zacarias distributed and reviewed a new ordinance containing revisions by Villaqe Councii, providing authority to staff to handle certain building requests and removing the need to go to Planning and Zoning. Chair Hackett described for new Board Members the role of the Local Planning Agency and Planning and Zoning Board regarding recommendations to the Village Council. Attorney Davis clari�ed this Ordinance woufd impact Planning and Zoning, and not the Local Planning Agency. MOTION Board Member Schauer moved to approve Ordinance No. 9 9-13 as ►revised by Village Council. Vice Chair Schmidt secanded the ►rnofion, which carrieal by unanimous 5-0 vote. 6. ORDINANCE PI0.15-13 An Ordinance of the Viilage Council of thQ Village o# Tequesta, Florida, amer�ding Chaptsr 78, Zoning, by amending Sec. 78-4, De�eni�ons, by creafing a definifion for Veterinary Office; further amending Sec. 78-178, C-3 General Commercial District fio include Vete�inary Office as a pe�mitted use in tl�at� Zoning Dis�ict; providing that each and every o�er section and sub�ection of Chapter 78, Zon�ng, shall remain in full forGe and e#t'ec# as previously adopted, providing a conflicts ctause, a severabiiify clause, and authority to codify; providing an effective date; and for other purposes. The Village Attorney read Ordinanca No. 11-13 into the record, provided a description, and answered questions fr�m the Baartl. Discussion c�nsued regarding permitted use or speciai exception and other concrms. Communi#y Development Director Nilsa Zacarias clar�ed that the existing anima{ hospital located on 364 Cypress Dr. was permitted in 2009. Village Attomey Davis summarized the Board's comments, indicating the Board recommendation to approve this use as a special exception use; outdoor facilities must be f�nced, contained, and buffered from residential concems; no outside/ovemight boarding; and outdoor activities would be limited from dawn to dusk. Planning & Zoning Advisory Board Sitting as the Local Planning Agency MEETING MINUTES May 16, 20'13 Page 3 of 3 MOTION Board Member Schauer moved to approve Ordinance No. 15-13 with recommendation to rhe Village Council to amend the verbiage to change pe►mitted use fo special exception; to ►�equire outdoor facilities to be fenced, conrained, and buffe►�sd from residentiai concems; to prohibit outside%vemight boaroing; and to limit outdoor activities from dawn fo dusk. Boarol ARember Strand seconded the motion, which carried by unanimous 5-0 vote. 7. PUBUG COMMENT — Tequesta resident Dr. Joy Suttan advised she wanted to open a veterinary ctinic with no outdoor areas in the C-3 District. 8. ANY OTHER MATTERS Board Member Schauer ex�ressed concem that humcane season was near and telephone poles requested to be fixed six months ago had not been fixed. Attorney Davis advised he would discuss this matter with the Village Manager the next day. ADJOURNMENT Ther� being no further 6usinnss to come befor�s the Boarol, upon motion by Boarof Member Schauer, seronded �y Board M.ember Eagen and carried by unarrimcus 5-0 vote, the meetirrg was adjoumed. RespectfuUy submitted, Gina l.awrence Community Development C�rk Note: These summary minutes are prepared in compiiar�ce with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the �Ilage Clerk's office. ORDINANCE N0.15-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF TAE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZO1�tING. BY AMENDING SEC. 78-4. DEFII�TITIONS. BY CREATING A DEFINITION , FOR VETERINARY OFFICE; FURTHER AMENDING SEC. 78-178. C-3 GENERAL COMMERCIAL DISTRICT. TO INCLUDE VETERINARY OFFICE AS A PERMITTED USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTi�R SECTI�N AND SUB- SECTION OF CHAPTER 78. ZONING. 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, current development trends in the Village have led the Village Council to believe that the Village's C-3 zoning district should be revised to a11ow veterinary offices in this commercial zoning district; and WHEREAS, such a use is deemed to be a reasonable addition to the Village's C-3 zoning district; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens 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 78. Zoning. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Sec. 78-4. Definitions. by adopting a new definition for "Veterinary office" and inserting said defuution alpha.betically into the list of definitions in this section; providing that the definition for veterinary office shall hereafter read as follows: Veteriraarv o�ce means a facilitv for the medical and/or surgical trea�ment and care of a�als. esneciallv domesticated arLmals. Such facilities mav include animal boardin� and/or 24 hour emer�encv care. 1 Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta. is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-178. C-3 General Commercial District to add veterinary office as a pernutted use; providing that Sec. 78-178 sha11 hereafter read as follows: Sec. 7&177. C-3 General Commercial Distric� (a) Purpose. [This paragraph sha11 remain in full force and effect as previousiy adopted] (b) Permitted Uses. Permitted Uses in the C-3 District are as follows: (1) —(17) [shall remain same as previously adopted] 18) Veterinarv office. (c) Accessory uses. [This para.graph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph sha11 remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] Section 3: Each and every other section and subsection of Chapter 78. Zoning. sha11 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 sha11 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. 2