HomeMy WebLinkAboutOrdinance_35-13_10/10/2013 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. 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; 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 stated 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 farm for transmittal to the village council. Prior to
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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 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 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 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 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.
(4) Conditions of approval shall be related to the proposed development and
Il _ be roughly proportional to the anticipated impacts of the proposed
development.
(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 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: 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.
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Upon Second Reading this 10` day of October 2013, the foregoing Ordinance was offered by
Council Member Okun who moved its adoption. The motion was seconded by Vice -Mayor
Arena and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra ABSENT
The Mayor thereupon declared the Ordinance duly passed and adopted this 10` day of October
2013.
YOR OF TEQUESTA
bigail rennan
ATTEST:
Lori McWilliams, MM C' Q��1
Village Clerk . ° 0=
. p o d
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