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Home My WebLink AboutMinutes_Local Planning Agency_08/15/2013 Planning & Zoning Advisory Board Sitting as the Local Planning Agency MEETING MfNUTES August 13, 2013 CALL TO ORDER AND ROLL CALL The Vi{lage of Tequesta Pfanning & Zoning Advisory Board sitting as the Local Planning Agency held a regularly 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 rall call was taken by Assistant Community Development Director Joanne Burnsed, who noted the following were present: Chair James Hackett, Vice Chair Michaei 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. APPROVALOFAGENDA MOT10N Board Member Schauer moved to approve the agenda as submitted. Vice Chair Schmidt seconded the motion, vvhich carried by unanimous 5-0 vote. �I. APPROVAL OF PREVI�US MEEZiNG MtNUTES F�llOTION - Baard Merr�ber Eagen rr�►ovecl to a�prove th� minutes of the Jurt� �0, 2013 meetinc� as submrtted. Board Member Sc�iauer se�onded fhe mofion, which carried by ut�anfmous 5-D vote. 2. ORDINANGE NA. 28-13 �n Ordinance of the Vilfage Coun�il of the Village of Tequesta, Florid�, am�nding Chapter 78, Zoning. By ar�ee�ding �rticte I, in �eneral, at Sec. 78-4, De�i�itions, b�r repealing the defnit�or� a�f "e4d�lt �ntert�6r�ment Establi�hra�ent", by �d�pt�ng � an e�t�rely new Artic�e X�li t� �� entitled "Adutt Entertainment Cod�," t� provide = for Regulatians re�arc#inr� Ac�ult �r�t��tainrnen# and Aclult E�tert�ir�rr��nt E�tabli�hrn�n#s, �o prrryi�e €��itsons ar�d to provid� penatfies; pa�c�rria�i�g �h�t each and every ather se�ti�r� ��c! s�b-section of Chap�er 7� Zoning shelt remair� in fui! forc� and eff��t a� �r��ioa�slp� ��iapted, pro�idir�g a co�fiicts �i��as�, � severabiiity �lause, and auth�rity to codify; providing ar� effective date; and for other purposes, Planning & Zoning Advisory Board Sitting as the Local Planning Agency MEETING MINUTES August 15, 2013 Page 2 of 5 The Village Attorney introduced Ordinance No. 28-13 into the record, noted this would restrict all adult entertainment establishments to the C-3 Zone, and answered questions from the Board. MOTION Board Member Schauer moved to recommend approval 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 #he Village Council of the Village of Tequesta, Florida, amending the Village Code of Ocdinances 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 obsolete by current Parks and Recreation Impact Fees; providing that each and every other section and subsection of Chapter 66 shall remain in full force and effect as previously adopted, providing a conflicts clause, a severability clause, and autharity to codify; providing an effective dat�; and for other purposes. The Viflage Attorney described praposed changes in Ordinance 29-13, ar�d answered questions from the �oard. MOTIOiV Board Member Scha��r mov�ed to recommend approvaf to �/l1lag� ��ur��if af �rdinance No. 29-13 as submitted. �o�rd }Vlerr�ber Eagen seconded t#�e motron, which carried by unanirr�aus 5-D vote. 4. ORDINANC� NO. 3fl-13 An 4rdira�nc� ofi fihe Vi�lage Councol of the Viiiage of Tequesta, Fl�rida, amending �he V9ilage Cod� of ardinan�es at Chapter 63, Articl� 61, Right-c�f-�ay R�g�lation�, ta �e��me �hi� Art��l� a� "Rlacemen# and Mair�t��r��e �f FaciiEf�es for Gammunica�i�ns Ser�i�es in �ighfis-of-iNay"; to upd�te �nd add certain €��fin�ti�� ir� c��)��r�� ith F��r�l and F'l�rid� tawr; t� re��a�e w6r�l�s� ��tnmurt��atic�r�� f�c�iit�e� tl�at �ay b� placed ir� ri�hts of �ay; to pr��sls n�w requir�men� fo� placement of �ertain facilities in rights-of-way locat�d in r��den�i�! zan��, �a� reco�niz� p��s-thro�gh t�lecom�n�n�c�#i�r�s pro�iders a� s�parat2 and dist�nct fr�m tel�communications dealers, an� #o provi�#e for the Planning & Zoning Advisory Board Sitting as the Local Planning Agency MEETING MINUTES August 15, 2013 Page3of5 coltection of pass-through provider fees in accordance with State law; to providing that each and every other section and subsection of Chapter 63 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 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 Boarc� Member Schauer moved to recommend app`oval 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 Ordinanc� of the Village Council of the Viltage of Teque�ta, Florida, amending the Viliage Code of Ordinances at Chapter 78, Zoning, Article IX, Supplementa! Regulations Divisior� 5, wireless telecommunication towers and antennas, by amend�ng Sectians 78-441 and 78-443 to clarify that fihis division cloes not apply ta the pla�cement of any utitity or tetecommunications faci4ity in the rights-of-way located i� th� Village; prQViding that each and every other sect�on and subsection o# Cha�atea� 7II shail remain in full force az�d eff�ct a� previously adopted; provi�i�g ��nf�icts clause, a sev�rability c�aus�, and a�thority #o codify; providi�g �n e�f�ct�v� dat�; and for other purpo��s. �°he �iiliage Attorney explained the proposed change� in f�rdinar�ce Na. 31-13 only applied to t��vers Qn government-owned property. MUTI�td Board 1!lleraiber Schauer moved to recommend approvaf to the t�illage Council of �rc�it��r�ce lola_ 39-93. Board Member Eagen se�onded �he �rrotion, which carried by r,�narsirnous 5-0 vo�z. �i. UF�C)lNA�1�E P�t�. 32�13 �� r€�� f �he 4'�d�a�� o��ci! c�'� t�� V/��I�g� +�� `��t�, �-�aa��, ar��nalar�g �hapt�� 7�, Z��ine�, �gticle 11, Ct�anges an�t A�nendm�� lar�fy tl�e Zoning Code �men�me�t process and requirernents for a morat�ric�m and Artic�e llt, App��1s ��9 �'��i�r�c�s, tts cfarify #he compositirs� o�€ t�� ard �f Ad�ustmerat and th� �se o� �4lterraate llAembers; to revise the re-organszatiora pra�es� f�r the 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 requiremen#s 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 conf{icts clause, a severability clause, and autharity 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 extensions of variances. MOTION Board Member Eagen moved to recammend approva/ to the Village Council of Ordinance No. 32-13. Board Member Strand seconded the motion, which carried by unanimous 5-0 vote. 7. ORDINANCE NO. 33-13 An Ordinance of the Village Council of the Vilia�ge of Tequesta, Florida, amending Ch�pter 78. Zoning, by amending sections 78-224, 78-225, 78-255, 78-393, 78-399, 78-513, 78-519, 78-525 and 78-585 to provide for internal consistency, proper intra-code cross referencing and proper reference to current State law? providing that each and every other section and subs�ctior� of �hapter 78, Zoning, shali rera�ain in fult force and effect as previously adopted, providing a canflicts ciause, a severabi{i#y clause, and authority to codify; providing an effective date; and fior other p�rRoses. Th� '�/ili�g� Attar�ey expiain�d this vtiras a cEe��up €��dinanc� ta mal�e the c�de car�sisfient with �he miaced-use devefopment �ode, and answered questions fram th� Board. nnor�a� 8oar� flllember Eagen moved to recommend a�pr�va! to the Village Council �f Ordinanc� No. 33-93. Board Member Strar�d se�;onr�ed fh� motion, which carriet� by unanimoc��s 5-0 vvfe. �. QRDIl�ANCE NQ. 34-13 A� �r�i��r�c� �a� tt�� i�i!l�� r��l �f �� l�i�� '��e�t�� FB��i��, arr��a� Chap��r 7�F �or�ing, Ar#6��e �!, �egr��, �y �p�a�6r�g anter�� €� purp�s� ex�tanationg, providing tirne lior�its on the perr�ittin� process; clarifying sagn ��i�te�a�ce r�t�c�Er�rn�r�t�, �p�at�� t�mp�r�r� s�gr� ��g€�iata�ns �nd p�ohibi�ed sign regulations, crea#ir�g neva fl�gpole r�g�latior�� a�d praviding for genera! Planning & Zoning Advisory Board Sitting as the Local Planning Agency MEETING MINUTES August 15, 2013 Page5of5 internal consistency; 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. 34-13 and answered questions from the Board during the ensuing discussion. MOTION Board Member Strand moved to recommend approval to the Village Counci! 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 ADJOURNMENT There being no further bustnESS to come before the Board, upon motion by Board Member Schauer, seconded by Vice Chair Schmidt and carried by unanimous 5-0 vote, the meeting was adjourned at 6:52 �n.m. R�spectfully submitted, .�, � , �� ' ' �� ,�� , �� , �,Joanne Burnsed ` �ssi�tanf Community Development Direct�r � �/ , Not�: These summa.ry minate� are prepared in compliance with G86.011 F.S. and are not v�r�atirr? fir�nscri�t.� Qf the m�eting. A verbatim audio rec�rd is available fiom the Office of �he Village �ierk. AEi ��f�r�nced attachments are or file in the `v�llage G!erk's of�ic�. Minutes prepared by Betty Laur.