The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 18_09/12/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 35-13 9/12/13 Consent Agenda: No Resolution #: Originating Department: Legal _ _ ____ ' �' • • • • - C - • • _ -�• `. _ Ordinance 35-13, First Readinq, AMENDING THE VILLAGE CO��; ��E ��V�C�I@`h��a��9� ti.�� u�� CHAPTER 22. COMMUNITY DEVELOPMENT, BY AMENDING SECTION 22-55. PROCEDURE. TO STATE THAT THE IMPOSITION OF CONDITIONS OF APPROVAL MUST BE RELATED TO THE PROPOSED DEVELOPMENT AND SHALL BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH A RECENT OPINION OF THE UNITED STATES SUPREME COURT � . . -. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: : ' ' � ' �' .• • �- � � � .�- •. � - � � . Department Head Submitted by Legal Zacarias Evans ' � y g ' � _ E � � � � �:i;:, ��,,, � Finance Director , Reviewed for Financial S - fficiency ❑ i' � � � � ��j��y.---%� No Financial Impact � � �� Attorney: (for legal sufficiency) �t��, � - � - � - r �� ,= ��r l.� �'`_ �.��, Village Manager: " Submit for Council Discussion: 0' �„,: � `` " Approve Item: ❑ Deny Item: � {=�1'/",'� ,I'�� 1�1 11?CS�I��.IFO�I • • - _s -- - • -• •- - • •- - r _ � f1�'�X�,I, (�;i r;��-��dk';- �,✓� l� ��r,,<��I� �IK�;I�a � �� • • . — • — — — • — Form Amended: 7/12/12 ORDINANCE NO. 35-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 22. COMMiJNITY DEVELOPMENT, BY AMENDING SECTION 22-55. PROCEDURE. TO STATE THAT THE IMPOSITION OF CONDITIONS OF APPROVAL MUST BE RELATED TO THE PROPOSED DEVELOPMENT AND SHALL BE ROUGHLY PROPORTIONAL TO THE ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN ACCORDANCE WITH A RECENT OPINION OF THE UNITED STATES SUPREME COURT; 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, in accordance with a recent opinion of the United States Supreme Court, the Village Council of the Village of Tequesta desires to codify the requirement that conditions of approval attached to final development approvals must be related to the proposed development and shall be roughly proportional to the anticipated impacts of the proposed development; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its community development ordinance as sta.ted herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 22. Community Development. of the Code of Ordinances of the Village of Tequesta is hereby amended at section 22-55. Procedure. to state that the imposition of conditions of approval must be related to the proposed development and shall be roughly proportional to the anticipated impacts of the proposed development; providing that section 22- 55 shall hereafter read as follows: Section 22-55. - Procedure. (a) Advisory authority. Recommendations of the planning and zoning advisory board shall be recorded in written form for transmittal to the village council. Prior to 1 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 e�ibits, studies or other information presented or used for review of the application. (2) A written staff report 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) Final authority. The planning and zoning advisory board shall have final authority as provided in Sea 22-53(b). An Order approving, approving with conditions, or denying such applications sha11 be rendered by the chair as soon as practical. Prior to taking any final action, the planning and zoning advisory board shall consider the following: (1} The information submitted by the applicant, including all e�iibits, studies or other information presented or used for review of the application. (2) A written staff report of the depa.rtment 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. (4) Conditions of annroval sha11 be related to the nronosed develonment and shall be rou�hlv nronortional to the anticinated imnacts of the bronosed develonment. (c) Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of all planning and zoning advisory board public hearings in a newspaper of general circulation in the area. (d) Time limit for application for building permit. A building permit must be issued within one year of the date of the planning and zoning advisory board approval or the approval shall be nullified, unless such time period is extended for one more year oniy by the planning and zoning advisory board upon written request of the applicant, submitted to the village, prior to expiration of the approval. Section 2: Each and every other Section and Subsection of Chapter 22. Community Development. shall remain in full force and effect as previously adopted. 2 Section 3: All ordinances or parts of ordinances in conflict 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 take effect immediately upon passage. 3