HomeMy WebLinkAboutDocumentation_Regular_Tab 15_10/10/2013 VILLAGE CLE Redistributed from 9/12/13 Meeting
AGENDA ITEM T'R,
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IVleeting Dat�� IiN�eting Type: Regula�° �rdinance #: 3�-'1;3
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Uriginating Department: Legal
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Orddnance 35-13, First Reaclin�c,. AMENC�ING THE VILLAGE CODE OF ORDINANCES A'I'
CHAPTER 2�. C�f1/IMUNITY DEVELOPMEN��, BY AMENDING SF_CTION 2��-55. PROCCDURE. - I O
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1°orm Amended: 7/12/12
ORDINANCE NO. 35-13
AN ORDINANCE OF THE VILLAGE COUNCIL UF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE 4F
ORDINANCES AT CHAPTER 22. C014ZMUNITY DEVELOPMENT, BY
AMENDJNG SECTION 22-55. PROCEDURE. TO STATE THAT THE
IMPOSITION UF CONDITI4NS OF APPROVAL MUST BE RELATED
TO THE PROPOSED DEVELOPMENT AND SHALL BE ROUGHLY
PR4PORTIONAL TO THE ANTICIPATED IMPACTS OF THE
PRUPOSED DEVELOPMENT, 1N ACCORDANCE WITH A RECENT
OPIl�TION OF THE IJNITED STATES SUPREME COURT; PROVIDING
THAT EACH AND EVERY 4THER SECTION AND SUBSECTION OF
CHAPTER 22. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERASILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
�VHEREAS, in accc>rdance 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 deveiopment apprflvals must be related to the proposed
development and sha11 be roughly proportional to the anticipated impacts of the praposed
development; and
WIiEREAS, the Village Cauncil 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 cominunity development ordinance as stated herein,
NOW, TIiEREFORE, BE IT ORDAINED BY TAE VILLAGE CUUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1; Chapter 22. Cammunity Development. of the Code of Ordinarices of the
Village of Tequesta. is hereby amended at section 22-55. Procedure. to sta.te f.hat the imposition
of conditions of approval must be related to the pxoposed develapment and shali be roughly
propartional to the anticipated impacts of the proposed development; providing that secrian 22- >
55 shattl hereafter read as follaws:
Section 22-55. - Procedure.
(a) Advisory autlrority. Recommendations of �he planning and zoning advisory board
shall be recorded in wriiten form for transmittal to the village council. Prior to
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adoptian of a recommendation with respect to any matter brought before it for
consideration, the planning and zoning advisory boazd sha11 consider the
following:
{ 1} The infarmation submitted by the applieant, including atl e�ibits, studies
or other information presented or used for review of the application.
(2) A written sta.ff report of the department of community development or any
other appropriate gavernmental agency regarding the ability of the
appiication to meet the standards and regulations affecting the application;
the ability of the proposed development to meet level of service standards
adop#ed in the Village af Teques#a 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 aut�ority
as pravided in Sec. 22-53(b). An Order approving, approving with conditions, or
denying such applications shall be rendered by the chair as soon as practical.
Prior to taking any final action, the planning a.nd zoning ad.visory boazd sha11
consider the following:
(1) ThE in€ormation submitted by the applicant, including all exhibits, studies
or other information presented or used for review of the application.
{2} A written sfia#� report of the department of community development or any
other appropriaxe governmental agency regarding the ability of the
application to meet the standards and regulations affecting the application;
the ability of the proposed development to me�et level of service standards
adopted in the Village of Tequesta Comprehensive Development Plan; the
application's impact on the generat public's health, safety and welfare; as
well as, any other items that are considered appropriate by the depaz�tment
of community developmen�
(3} Camments, if any, from the applicant, staff ar the public.
(4) Condi�onS of an�roval sha11 be related to �e �cr nosed devela�mer�t and
Shal be rou�hlv ronortional to the anticivated imnacts of the nronosed
develo ment.
{c} Notice. Notice of public hearing shall be advertised a minimum of ten days in
advance of a11 planning and zoning advisory board public hearings in a
newspaper of general circulation in the area.
(d) Time limit for application for bualding permit. A building permit must be issued
within one year of the date of the planning and zoning advisory boazd approval
or the appravat sha11 be nullified, unless such time period is e�ctended for one
more year only 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.
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Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Shouid any section or pmvision of this Ordinance or any partion thereaf,
any paragraph, sentence or word be declared by a cc�urt of competent jurisdiction to be invalid,
such decision shall not a�fect the validity of the remainder of this Ordinance.
Section S: Specific authority is hereby granted to codify this Urdinance.
Section 6: This Ordinance shall take effect immediately upon passage.
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