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HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 01_09/19/2013 DRAFT Planning � Zoning Advisory B�ard Sitting as the Local Planning Agency MEETING MINUTES August 15, 2013 CALL TO ORDER AND ROLL CALL The Village of Tequesta Planning &.Zoning Advisory Board sitting as the Local Planning Agency held a regularfy scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida, on Thursday, August 15, 2013. The meeting was called to order at 6:16 p.m. A rofl call was taken by Assistant Community Development Director Joanne Burnsed, who noted the following were present: Chair James Hackett, Vice Chair Michael Schmidt, Board Member Elizabeth Schauer, Board Member Steven Eagen, and Board Member Janet Strand. Also present were Alternate Ashley Warren, Alternate Sebastian Loaiza, Community Development Director Nilsa Zacarias, and Village Attorney Keith Davis. APPR�VAL OF AGENDA MOTION B�ard Member Schauer moved to approve the �gerrda as submitted. Vice Chair Schrnidt seconafed th� motion, which carried by unanimous 5-0 vote. '9. APPRE��1�L QF PREViOUS MEETING MIlVUT'�S MOT'IQ�i �c�ar�l 1l�l�mbe� E"agen moved to app�ve �he mincrfe� r�f th� Jun� 2�1, 2093 me�ting as su��:nitted. �3oar� Merrrber Schauer se��nded the motiar�, whicn �arried by unanimous 5-�1 vote. 2, �RDINANC� NO. 28�13 Ar� �rdin�nc� of th� llilla�e Council of the Viliage af Tequesta, Fiorida, �men�ling Cha�t�r �8, Zaning. B�v a�n�nding Arti�te 1, in Ger�eral, at 5��. 78A4, Defini�ions, t�� �����1in� t�ie definitiQr� of "A�iult En#�rtainm�r�t �s#�bl�shr�ent" by adopting ar� en�i�eiy ra�w Artf�le XIl1 to b� e�titi��i "��iuft �r�#er�ir���n� �c�de to prgvide for ��gc���i#ic�r�� r�g�rding �dt�lt �nt��#a@�arv���t ��d �d�al� �r�t��r#ainrn�nt E����ishr��r�#�, #o �rova�te �fef�a�ition� a�d �e� prc��oide �a���l��e�; p�avidir�g thati ea�#� ar�d �very r�#her s�ctian ��ael su�-secti�n af �h�p�er 7� ���i�g �hel1 rerr�ai� ir� fa�!! �arc� and effe�t as �Srevi�usly adopted, provEdirg ��c�nt�°sc� clac�se, a se�era�bil�� ci�u��, a�d a�thority fio codify� �re��ric�ir�� an ���ct�ve clate; a�d for other purposes. Planning � Zoning Advisory Board Sitting as the � Local Planning Agency MEETING MINUTES August 15, 2013 Page 2 of 5 The Vil{age Attorney introduced Ordinance No. 28-13 into the record, noted this would restricfi all adult entertainment establishments to the C-3 Zone, and answered questions from the Board. MOTION Board Member Schauer moved to recommend approva{ to Village Council of Ordinance No. 28-13 as submitted. Vice Chair Schmidt seconded the motion, which carried by unanimous 5-0 vote. 3. ORDINANCE NO. 29-13 An Ordinance of the Village Council of the Village of Tequesta, Florida, amending the Village Code of Ordinances at Chapter 66, Subdivisions, by amending this Chapter to provide internal consistency and consistency with the Village's Comprehensive Development Plan, to update certain references to local permitting agencies, and to repeal the fair share fee for public sites which has been made obsQlete by current Parks ar�d Recreation tmpact Fees; providing that each and every other section and subsection of Chapter 66 shall rema9h in fuli force an�! effect as previously adopted, providing a conflicts clause, a severability clause, and authority to codify; providing an e�fectQVe da#e; and for other purposes. The �fi!lage Attorr�ey described prap�sed ch�ng�s in Ordrn�nce 29-13, and ans�nrsred que�tion� from the B4ard. �110TI�N �oard lVlember� Schauer moved to re�omm�nd a�proval fo Ui!/ag� �auncil �f Ord�nance tVo. �9�1� �s submitted. Soard Mem,�e� �ag�n second�d the motion, whicF carr�ied #�y unanimous 5-0 vofe. �. ORDINANCE NO. 30-13 An �?rdi�an�e of the Village Caunci� �f th� i/illage of Tequ�sta, Florida, amendi�g the Viliage Gode of Ordinances �t �h�pter 63 Arfic�e ii, �Right-of-Way Regulations, #o r��nas�rl� thi� Artacle �s `SF�t�c��en# an�i !Vlaint��an�� sf Facili#�es for C�mmuni�at�o�� S�rvices in Ri�h#s-af-W�y to �pd�#e �nd add ce��� �lefini��a�ts ir� ��rnpiiar�ce ��th lF�a��r�l ��� F��rid� i�v�; to re��gnize �ir����� ca�rr�ua�ic�$ior�s faciliti�s th�t ��y b� p���e�'I �� r���� �f vv�ys to pr�vid� n�� r�quBrern�r�ts for pla�e�ent �� certair� faciliti�s ir� rights-of-way lacat�d in res�s�e�ti�t zor�es; #o recognize �ass-�hr��agh tete�ar�amunicatiens providers as sep�rate and distinct from telecomm�nic;afions dealers, and to provid� for tne Planning & Zoning Advisory Board Sitting as the .� Local Planning Agency MEETING MINUTES August 15, 2013 Page 3 of 5 collection of pass-through provider fees in accordance with State law; to providing that each and every other section and subsection of Chapter 63 shail 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. The Village Attorney explained the proposed Ordinance No. 30-13 which would address the practice of placing telecommunication poles in rights-of-ways by pass-through telecommunications providers, and answered questions from the Board. MOTION Board Member Schauer moved to recommend approva! to the Village Council of Ordinance No. 30-13. Vice Chair Schmidt seconded the motion, which carried by unanimous 5-0 vote. 5. ORDINANCE NO. 31-13 An Ordinance of the Village Council of the Viliage of Tequesta, FlQrida, a�nending the Village Code af Ordinances afi Chapter 78, Zoning, Art��fe IX, Supplem�ntal Regulations Division 5, wireless 4elecommunication towers and antennas, by amending Sections 7�-441 and 78-443 to clarify that this division does not appiy to the placsment of any �tility or #elecammunications facility in the righ�s-of-way located in fhe Vi!lage; providing that each and every other section and subsection of Chapter 7� shalB rerr��an ir� fuli farce and effect as pr�viousl� adaQted; providing a con�li�ts cl�use, a se�erability clause, and a�thority fa c�difiy; providing an effectiv� date, and for other purposes. 7'he �liliage Attorney �xplair,ed the praposed changes in Ordir�ance N�. 31-13 c�nly applied to tawer� on gc�vernm�nt-�w�ed proper�y. MOTION Board Member Schauer move� to recommend appraval to the Vil/�ge ��uncil of Ordinance No. �3-13. Boarc� ��lerrrker Eapen seconded the m�tion, whicl� carri�c# �ay un�nimous 5-0 vote. 6. ORDiNAf�C� �t�. �2-°t3 A� �rd��ar�c� of �h� �fi����e �a����l of th� V6ii�g� af T�€�c���t�, ���r�d�, ��e�,�f�n� �ha�ter 7�, ��nir��, �r��ct� Il �hanges �r�d Ar�enc�rn�r��s t� �Eari� t�e Z���n� C�t�� am�r�drra�r�t �r�c�ss arad �equir�ments for � m�r�tQraum and A�tECIe I11, App�als and i�ari�nces, to �I�rify th� �om�osition of �he ���rc� a� A,dj�astm�nt and th� use of Alternate Merribers; to revise the re-organizatior� process f�r th� Board . Planning & Zoning Advisory Board Sitting as the - Local Planning Agency MEETING MINUTES August 15, 2013 Page 4 of 5 of Adjustment; to revise notice requirements for the appeal process; and to update the filing fee requirements; providing that each and every other section and subsection 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. The Village Attorney explained the proposed changes in Ordinance No. 32-13 and answered questions from the Board. Discussion ensued regarding appeals of Board of Adjustment rulings, and granting extensio�s of variances. MOTION Board Member Eagen moved fo recommend approval to the Vi/lage Council of Ordinance No. 32-13. Board Member Strand seconded the motion, which carried by unanimous 5-0 votP. 7. ORDINANCE NO. 33-13 An Ordinanc� of fhe Village Councii of the Village of Tequesta, Florida, amending Chapter 78. Zoning, by amending sections 78-224, 78-225, ?8-255, 78-393, 78-399, 78-513, 7�-519, 78-5�5 and 78-585 to provide for ir�ter�al cansistency, proper intra-code cross r�fee�enc�ng and proper referenc� to curren# Stat� law; providing that each and every other section and subsection of Ghapter 7�, Zoning, shall remain irr #ull force �nd �fifect as previously adapted, providin� a canflicts clause, a severabi�ity clause, �nd �utl�ority to codify; providing a� ef#ective da�te; and for other purpose�. The lfillage ,�ttorney explained thi� was a cleanup O�din�nce to make the cade consisten� �vish th� rr�ixed-use development cade, and an�wered questions from the Baard: MOTiC)N: f�oarti Nl�ra��aer Eager moved to reeommend appro�a! to t�e viflag� �QUnci! of Ordinance lif�a. 33s�3. Boar� Member Strand seconc�ed the mc�tion wh,ich �arried by unani .mor�s �-� v�te. 8. t3f�[�i�Ai��E !Sl�. 34-'!3 �€� �rc�ir����� �� �h� '�itla�� ����cil �f th�e Vil1a�� s�� �°�q���fia, �I���c��, ��r€e�dir�� �ha�t�r 7�a ����r��, �►�i�t� �CI, �e�n�, b� �p�#�t�ng inter�t ��d �u�p�se explar��t6�aras, �r�av�rli�g time I�mits an th� perrroitting proc+�ss; clarifying s�gr� rn�in�enan�e rec�uirerr�enfs, ��dating �tempor�ry sig� ��gu��fitrns an� prohibited sig� regula�6c�ns, cr�ating nev�r flagp�le regula���n� ar�d praviding for general Planning & Zoning Advisory Board Sitting as the .� Local Planning Agency MEETING MINUTES August 15, 2013 Page 5 of 5 internal consistency; providing that each and every other section and subsection of Chapt�r 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. The Village Attorney explained the proposed changes in Ordinance No. 34-13 and answered questions from the Board during the ensuing discussion. MOTION Board Member Strand moved to recommend approval to the Village Council of Ordinance No. 34-13. Board Member Eagen seconded the motion, which carried by unanimous 5-0 vote. 9. PUBLIC COMMENT - None 10. BOARD COMMENT - None ADJOdJt�NME[VT Ther� being no further business to corrre befare #he �oard, rapon motion by Baard IVl�mb�r Schauer, �econded by 4'ice Chair Schmi�t and carri�d by unanimous 5-0 vote, thp m�eting was adjourr�ed at 6:52 p.m. RespectFully submittpd, Joanne Burnsed Assistant Gammunity D�vebpment Director �!o#e: The�� �u�mary minutes are pre�ar�d in �o�pif�nce `.�it� 2�6.011 F.S. and are no# ��rb�tim tr�nscri��s of fhe meeting. A verbatim audi� ree�rd is avaiiabie from the Office of thp i1i!i�ge ���rk. RI� r�f�ren�ed att��:hr�n��#� ��re ��i �i!� in t�i� Vi!I�ge �lerk's cf�ice. IViinute� prepared by Betty Laur.