HomeMy WebLinkAboutOrdinance_05-08_04/10/2008ORDINANCE NO. 5-08
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 22-51, 22-53, 22-54, 22-55, 22-56
AND 22-57 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 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.
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 22-51, 22-53, 22-54, 22-55, 22-56 and 22-57
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.
(c) Terms of office. Regular members of the board shall be appointed for a
Alternate members of the board shall be appointed for a term of two years.
(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. Aer+t~ 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 including aesthetic review in accordance with regulations
of Division 3. of Article II. Community Appearance. Chapter 22. Community
Development, and the requirements of Article IX, Division 2 of the village zoning
code
(2.) Signage requested in conjunction with site plan review or 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) 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) 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.
4e} (b) Perform any other duties assigned by the village council.
Section 22-55. Procedure.
(a) 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 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.
(b) Notice. Notice of public hearing shall be advertised a minimum of ten (10)
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 adopt rules of procedure for the
conduct of its business, consistent with the provisions of this division. Meetings of
the board shall be held at such times as set by the planning and zoning advisory
board with the final approval of the village council. 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 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, including, but not limited to,
advertising costs, engineering fees, consulting fees, attorneys' fees and special
studies, the applicant shall compensate the village for all such costs prior to the
processing of the application, or not later than 30 days after the final decision of
the Village Council or applicable Board, whichever is determined as appropriate
by the Community Development Director or designee.
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.
Upon First Reading this 18th day of March, 2008, the foregoing Ordinance was offered
by Vice-Mayor Turnquest, who moved its adoption. The motion was seconded by
Council Member Arena, and upon being put to a vote, the vote was as follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Tom Paterno
Council Member Jim Humpage
For Adoption Against Adoption
X
X
X
X
X
Upon Second Reading this 10T" day of April, 2008, the foregoing Ordinance was offered
by Council Member Humpage, who moved its adoption. The motion was seconded by
Council Member Paterno, and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice-Mayor Calvin Turnquest X
Council Member Vince Arena X
Council Member Tom Paterno X
Council Member Jim Humpage X
The Mayor thereupon declared the Ordinance duly passed and adopted this 10T" day of
April, 2008.
MAYOR OF TEQUESTA
~~ ~
Pat Watkins
ATTEST:
Lori McWilliams, CMC
Village Clerk
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