The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 08A_06/09/1994 / 4 � - VILLAGE OF TEQUESTA ; , Post Office Box 3273 • 357 Tequesta Drive ' Tequesta, Florida 33469-0273 • (40'n 575-6200 �, � ' - � Fax: (407) 575-6203 s o � A 4 . . f*CN COUN�y . MEMORANDUM T0: Village Council FROM: Thomas G. Bradford, Village Manager � DATE: May 4, 1994 RE: Ordinance Amending Provisions Regardiaq Develogment Agreements; Agenda Item Previously, Councilmember Liz Schauer requested that the Village give consideration to the developer agreement format being proposed by the Town of Jupiter for the purpose of reguiring residential developers to use their best efforts to maintain and enhance a racially balanced public school population. This relates to Jupiter and Tequesta's Student Assignment Agreement with the Palm Beach County School Board. The Finance and Administration Committee reviewed this matter at their meeting on April 15, 1994. It was the recommendation of the Committee that Teque�ta not mandate the provision of such development agreements for each proposed residential development, but rather give Village Council the flexibility to implement development agreements on a case by case basis, which may include provisions to enhance and maintain a racially balanced school population in accordance with our Student Assignment Agreement. Additionally, it was noted that Tequesta's Development Agreement Ordinance currently does not clearly grant to Tequesta the power to impose a development agreement on a developer. Therefore, it was an additional recommendation of the Committee that Tequesta's Development Agreement Ordinance be amended to clearly grant the Village Council the discretion to impose the use of developer agreements. Village Council May 4, 1994 Page 2 By adopting this Ordinance, the Village Council will give itself the power to impose developer agreements in the future as needed and to include efforts to enhance racial balance, if desired, on a case by case basis. It is recommended that the Village Council adopt this Ordinance amending the provisions of the Tequesta Code of Ordinances relative to developer agreements. TGB/cm 70NES, FOSTER, JOHNSTON & STUBBS, P. A. �noaNEw�s rwo c�u��s PLA(�LER CENTER TOWER 506 SOUTH FIAOLER ORIVE -.. EIEVENTH FLOOR O� ��1( ��' •� P. O. BOX 3475 1 .' . '"_' - •� //� ENIiY f. Ut1ENTMAL lARPY B. ALEXANOER JdIN BLAIN MoLRACKEN . 1f02�79e2 $TEPHEN J. AUCAMV 9COTT L. McMUILEN WEST PALM BEACH FLORIOA 3340Y3475 � TRACEV 91A1310n! � JOMN C. RAHOOLPM \ � qY JOYIp$TON JO'/CE A. CONWAY .lOMN C. R11U �� '�� °� V►LLqG 0� 19p ' M/tRGARET l. COOPER ANOREW N088 FAX: (4C�8.�''14E4. � EDWARD 01AZ STEVEN J. ROTHMAN � T�Q��.�'�"� � REBECCA 4. DOANE � PETER A SACMS � . t �.19M CHRISTOPMER 9. DUKE D. CUIVER SMITM ID � 9C0TT 6. HAWKIN9 910WEY A. 9TUBB9� JN. Ca , �� w PAU WOIFE THORNTON M. MENRY ALLEN R. TOMUN90N .�+ J� 9Qf�� "�� VETER S. HOLTON JOF1N S. TRIMPEH � ` J '� PJ � N" MARK 8. KIEINFELD MICHAEI P. WAL9H WRITER'$ DIRECT UNE: � YfIL/L�/n!�t',j� A' fqTEA MIp1AEL T. KRANZ M. ADAMS WEAYER �•`•• ^+��71TLlL�RiS� y. Y N9EL � • " N fLANA[iN! E3� ; .,,��,., . � April 28, 1994 -"""` Mr . Thomas G. Bradf ord Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta/Development Agreements Ordinance Amending Section 13.1-91 of the Code of Ordinances Our File No. 13153.1 Dear Tom: Pursuant to your letter of April 19, 1994, I have prepared an ordinance relating to the above referenced subject �hich attempts to clarify that development agreements may be required by the Village for proposed developments within the Village of Tequesta. Xf you have any questions in regard to this matter, please do not hesitate to contact me. Sincerely, JONES, ER, JOHNSTON & STUBBS, P.A. John C. Randolph JCR/ssm � . Enclosure ORDINANCE NO. AN ORDINANGE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, � FLORIDA, AMENDING CHAPTER 13.1 OF THE VILLAGE CODE OF ORDINANCES RELATING TO PLANNING AND DEVELOPMENT AT ARTICLE VI SO AS TO PROVIDE ' THAT THE VILLAGE COUNCIL MAY REQUIRE DEVELOPMENT AGREEMENTS FOR ANY PROPOSED DEVELOPMENT WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Chapter 13.1, Article VI, of the Code of Ordinances is hereby amended at Section 13.1-91 (1) to read as follows: "8ec. 13.1-91. Public hearinqs. (1) [Requirement.] The village may require as a condition of approval of any development considered by the village council that a development agreement be prepared and executed by the applicant for the development. Before entering into, amending, or revoking any development agreement for a development as defined in the Comprehensive Plan of the Village of Tequesta, the village shall conduct two (2) public hearings." Section 2. The remaining sections of Chapter 13.1, Article VI, of the Code of Ordinances shall remain intact. Section 3. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions ar applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 4. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. ' Section 5. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 6. , Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember , who moved its adoption. The Ordinance was seconded by Councilmember and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1994. MAYOR OF TEQUESTA �on T. Mackail ATTEST: Village Clerk JCR\131530RD\DEVEL.AGR 2 � VILLAGE OF TEQUESTA ; , Post Off ice Box 3273 • 357 Tequesta prive ' Tequesta, Florida 33469-0273 • (407) 575-6200 � ` Fax: (407) 575-6203 ," a i o s i ��M couN� Apri1 19, 1994 John C. Randolph, Esq. Jones, Foster, Johnston & Stubbs, P.A. P.O. Box 3475 West Palm Beach, Florida 33402-3475 REs Request for Ordinance Amending Section 13.1-91 of the Code of Ordinances � Dear Skip: The Finance and Administration Committee recommended that the Tequesta Ordinance pertaining to Developer Agreements (Section 13.1-91 through 13.198) be amended so that it clearly grants the Village Council the authority to impose or require development agreements on developers for their proposed projects. The Ordinance, as currently written, does not appear to grant the Village Council the discretion to impose the use of the developer's agreement. If you concur that this shortcoming exists, please prepare an Ordinance that will amend the above referenced to give the Council the desired power. Ideally, I would like the Village Council to consider fi.rst reading of this Ordinance at their meeting on May 12, 1994. Therefore, please transmit the requested Ordinance to me by Thursday, May 5, 1994, so that it may be included with the Village Council agenda packet for May 12. Should you have any questions regarding this request, please contact me. Sincerely, DICTATED BUT NOT READ TO EXPEDITE. K�' �' Thomas G. Bradford Village Manager TGB/krb c: Village Council ' VILLAGE OF TEQUESTA ; � � � Post Office Box 3273 • 357 Tequesta Dnve �' � Tcquesta, Flonda 33469-Q273 • f407) 575-6200 � � Faz: (407) 575-6203 s o - i '• �N COU�� . � MEMORANDUM: TO: Elizabeth Schauer, Village Councilmember FROM: Thomas G. Bradford, Village Manager �� DATE: March 18, 1994 SUBJECT: Interlocal Agreement Relating to Student Assignment; Developer's Aqreemeats Pursuant to your request at a recent Village Council Meeting, we have reviewed the Interlocal Agreement adopted by Tequesta Relating to Student Assignment. In this regard, attached hereto, please find a copy of a recent memorandum from Joann Manganiello discussing the same. The Interlocal Agreement does not require Tequesta to have developer's agreements or require racial composition provisions within developer's agreements. However, the Interlocal Agreement appears to contemplate the use of developer's agreements as an important tool in reaching racial composition goals. Section 13.1- 91, through and including Section 13.198 of the Tequesta Code of Ordinances, pertains to development agreements. Oddly, these statutes do not state or imply that Tequesta can impose or require development agreements on developers. The Village Council may wish to consider modifying these statutes so that they have the power to require development agreements. The only applicable area for use of developer's agre�ments to � address racial compo�ition appears to be within the Tequesta Center as proposed by the Christopher Village Foundation. Again, however, it does not appear that Tequesta has the power to require a developer's agreement. Annexations and previously approved residential developments would not apply since the remainder of Tequesta and the residential areas within its reserve annexation area are built-out and under the control of the property owners. In conclusion, the Village Council may wish to amend its development agreement statutes in order to give the Village Council the clear authority to mandate developer's agreements. Whether or not the Village should amend its development agreement statutes to make reference to require the developer "to utilize its best � r Page 2— efforts to achieve racial balance as a condition of development approval" is a policy decision to be made by the village Council. In lieu of amending the Ordinance to require the same, you could rely on yourself and future Village Councilmembers to re�^ember to address racial composition of proposed developments if you take the necessary steps now to enable the Village Council to require development agreements. I would suggest that you bring this issue up under Any Other Matters before the Village Council or alternatively, request that I present the same to the Finance and Administration Committee to have them recommend to the full Village Council any changes in this regard. Please let me know your preference in this matter. TGB/krb c: Village Council, w/attachments ' Scott D. Ladd, Building Official, w/attachments John C. Randolph, Village Attorney, w/attachments �