HomeMy WebLinkAboutDocumentation_Regular_Tab 04A_12/11/2003 UNFINISHED BUSINESS IV.A.
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM
Date Prepared: 12/04/03
Meeting Date: 12/11/03
CLASSIFICATION: Unfinished Business/Ordinance 583
SubjeCt/Sumlrial'y: See attached Memo
STAFF RECOMMENDATION TO � APPROVE ❑ DENY
Reviewed by: Costs: Attachments: Advertised:
CD Director N/A (please list) Date: 12/1/03
Jeffery Newell Funding Source: Memo Paper:
Village Manager � Operating Ordinance Palm Beach Post
Village Clerk ❑ Other (explain) Attorney's Letter ❑ Not required
Budget Acct. # ❑ None Affected Parties:
❑ Notified
(explain)
❑ Not Re uired
Submitted by: Originating Village Manager Council Action:
CD Director Department: Approval: ❑ Approved
CD ❑ Approved
w/conditions:
❑ Denied
❑ Tabled to:
Village Clerk Attest and
Sea1:
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INTEROFFICE MEMORANDUM
TO: VbLAGE MANAGER, MICHAEL R COUZZO, JR
FR�M: COMMITNITY DEVELOPMENT, ]EFFERY C. NEWELL
SUBJECT: SECOND READING P&Z ORDINANCE
DATE: 12/2/2003
CC:
The purpose of this memo is to review the ordinance since the first reading. Several sections have
been reworked to refleg the desire of the council. These modifications did not change the intended
purpose of the ordinance, therefore, it is not required to reread as a first reading. The modifications
are as follows:
1) Section 7-1(A) "Composition of the Board"
a) This was changed from using Seabrook Road as a dividing line to select members. The
membership is now limited to no more than two from each HOA or community. This
was done to maintain the full representa.tion of the village and to prevent the
domination of the board bp anp HOA.
b) Section 7-1(B) "Altemate Board Members." Rewritten for clarity.
c) Secrion 7-1(C} "Temis of Office." Removal of the Seabrook Road line of demarcation
and replaced with the terms of section 7-1(A). Rewritten for clarity.
d) Section 7-1(E) "Temiiiiation/Resignation." Rewritten for claritp.
2) Sutximation of duries:
a) Incorporaxes the duties and responsibilities of the Community Appearance Board.
b) Incorporaxes the duties and responsibilities of the LPA.
c) Reviews and makes recommendations to Village Council for final approval of alI zoning
reviews and comprehensive plan amendments.
d) Incorpo=ates the duties and responsibilities of the Tree Boaxd.
In conclusion, The Depart�nent of Community Development is looking forward to preparing the
P&Z Board fox its duties and responsibilities.
Jeffery C. Newell, Community Develogme.nt
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� ORDINANCE NO. 583
AN ORDINANCE OF THE VII,LAGE COUNCIL OF
THE VII.,LAGE OF TEQUESTA., PALM BEACH
COIJNTY, FLORIDA, REPEALING CHAPTER 7,
COl��IlVIUNITY APPEARANCE BOARD, OF THE
VII.LAGE CODE OF ORDINANCES, IN ITS
ENTIRETY; ADOPTING A NEW CHAPTER 7,
PLANNING AND ZONIlVG ADVISORY BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ORDINANCES 1N CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE VII,LAGE COUNCIL OF THE VII,LAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article II, Chapter '7, Community Appeaxance Board, of the
Village Code of Ordinances is hereby repealed in its entirety.
Section 2. A new Article II, Chapter 7, Planning and Zoning Advisory Board,
of the Village Code of Ordinances is hereby adopted, to read as follows:
Section 7-1. Creation, Members, Terms, Appointment.
A Planning and Zoning Board is hereby established.
A) Composition of the Board.
The Board sha11 be composed of five (5) members and two (2) alternate members
(who shall serve without compensation), appointed by the Village Council. At the
time of appointment and a11 times during which they serve, all members (i) shall
reside in the Village (with no two (2) Board Members coming from the same
Homeowners', Condominium or Community Association, (u) shall not serve on
the Village Council or on any other Village Board or Committee, and (iii) shall
not be employed by the Village or any of its contractors.
B) Alternate Board Members.
In addition to the regulax Board Members, two (2) additional members, to be
designated at the time of their appointments as Alternate #1 and Alternate #2,
shall be appointed to serve on the Board, in that order, at meetings of the Board
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when necessary to ensure that each application receives consideration by a full
Board.
C) Terms of Office.
Of the regular members of the Board first appointed, one (1) sha11 hold oi�ce for
the term of one (1) year; two (2) for the term of two (2) for the term of three (3)
years (as determined by lot), from and after their appointment. Their successors
sha11 be appointed Alternate Members, one (1) sha11 serve for one (1) year, and
one (1) shall serve for two (2) years (as determined by lot). Thereafter, alternate
members sha11 be appointed for two-year terms.
D) Voting.
A majority of the Board (i.e. three (3) members) sha11 constitute a quorum, and
the affirmative vote of majority of the Board present sha11 be necessary for any
action thereof. In the event that only three (3) members are present, a unanimous
vote of all present in favor of an application is required to make a
recommendation of approval. If no motion receives the necessary majority vote,
tha.t sha11 constitute cause for automatic dismissal from the Board.
Section 7-2. Organization, Qualification of inembers.
The Board shall select its own chairman and vice-chairman annually at the first
meeting of the calendar year. The Director of the Department of Community
Development or his designated representative sha11 serve as Clerk to the Boaxd.
All members of the Planning and Zoning Advisory Board sha11 be registered
electors of the Village.
Section 7-3. Authority.
The Planning and Zoning Advisory Board sha11 serve as the Loca1 Planning
Agency (LPA) of the Village pursuant to Section 163.3174, Fla. Stat.
The Planning and Zoning Advisory Board shall have general authority (provided
that, in order to provide for proper budgetary allocations, any request requiring
extensive staff or attorney time must first be approved by the Village Manager)
to:
(1) Gather and analyze data and such other information to amend the
Village's Comprehensive Development Plan, subsequent to review and
adoption by the Village Council.
(2) Review and recommend to Village Council land development regulations
to implement the Village of Tequesta Comprehensive Development Plan.
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The land development regulations include, but are not limited to, the
following:
a. Village of Tequesta Comprehensive Zoning Ordinance.
b. Village of Tequesta Subdivision Regulations.
c. Village of Tequesta community appearance standards and
regulations.
d. Any other land development regulations required or allowed
pursuant to Chapter 163, Fla. Stat.
(3) Review and recommend to Village Council regarding applications for:
a. Site Plan in accordance with regulations and requirements of
Section X(1Vn, Village of Tequesta Comprehensive Zoning
Ordinance.
b. Special Exceptions in accordance with regulations and
requirements of Section X(J) Special Exception Uses, Village of
Tequesta Comprehensive Zoning Ordinance.
c. District Boundary Changes (re-zonings) in accordance with
regulations and requirements of Chapter 166, Fla. Stat.
d. Te� Amendments to Village of Tequesta Comprehensive
Development Plan in accordance with Chapter 163. Fla. Stat.,
Comprehensive Planning and Land Development Regulation Act
(State Planning Law) and Rule 9J-5, Fla. Admin. Code
� e. Text Arnendments to land development regulations in accordance
with Chapter 163, Fla. Stat., Comprehensive Planning and Land
Development Regulations Act (State Planning Law) and Rule
9(�.5, Fla. Admin. Code
f. Voluntary Annexations in accordance with Chapter 171, Fla. Stat.,
Municipal Annexation or Contraction
g. Abandonments.
h. Any other reviews, related to planning, zoning and development
specifically requested of the Planning and Zoning Advisory Board
by the Village Council.
(4) Review and recommend to Village Council regarding proposed
condemnations.
The Planning and Zoning Advisory Board may adopt such rules and procedures as
are necessary to perForm its duties.
Sec. 7-3.1. Powers and Duties as Official Tree Board of the Village.
In addition to the functions provided pursuant to the other provisions of this
chapter, the Planning and Zoning Advisory Board sha11 constitute the oi�icial Tree
Boaxd of the Village of Tequesta and as such shall:
(1) Annually develop and present to the Village Council a written community
tree management program and supporting work plan which, upon
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acceptance by the Village Council, sha11 constitute the official
comprehensive tree plan for the Village.
(2) Annually prepare plans for a Tequesta Annual Arbor Day ceremony, for
approval by the Village Council.
(3) Make recommendations to the Village Council upon any matter coming
within the scope of its work, as deemed necessary.
(4) Make recommendations to the Village Council that certain trees located
within the Village be designated as specimen, historic, na.tive or
endangered trees. In making such a deternunation, the tree board shall
consider, but not be limited to, the following criteria:
a. The significance of the tree as a Village landmark.
b. The significance of the tree due to high value because of its size,
age and/or historic value.
c. The significance of the tree to the history of the Village, State of
Florida or the Nation.
(5) Perform any other duties assigned by the Village Council.
Section 7-4. Duties and Responsibilities.
Recommended actions of the Planning and Zoning Advisory Board sha11 be
recorded in written form for transmittal to the Village Council.
Prior to adoption of a recommendation with respect to an application, the
Planning and Zoning Advisory Board sha11 consider the following:
(1) The information submitted by the applicant, including a11 exhibits, studies
or other information presented or used for review of the application.
(2) A written staff report indicating the recommendation of the Department of
Community Development or any other appropriate governmental agency
regaxding the ability of the application to meet the standards and
regulations affecting the application; the ability of the proposed
developrnent 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 welfaxe; as well as, any other items
that are considered appropriate by the Department of Community
Development.
(3) To hear comments, if any, from the public.
Section 7-5. Meetings; Records.
The Planning and Zoning Advisory Board shall adopt rules of procedure for the
conduct of it's business, consistent with the provisions of this Ordinance.
Meetings of the Board shall be held the first Thursday of ea.ch month at 6:30 p.m.,
or if a conflict exists on this normal meeting date, an alternate meeting date sha11
be established by the Planning and Zoning Advisory Board chairman. The
chairman, or in his absence, the vice chairman or acting chairman, may compel
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the attendance of witnesses. All meetings of the Board and its files or records
shall be open to the public.
The Planning and Zoning Advisory Board shall also keep minutes of its
proceedings, showing the vote of each member upon each question, or, if absent,
indicating such fact, and shall keep records of its examina.tions and other official
actions, a11 of which shall be immediately filed in the oi�ice of the Board and sha11
be a public record.
Section 7-6. Filing Fee.
Upon filing an application to the Planning and Zoning Advisory Board, the
applicant sha11 pay a fee to the Village at the time of filing of such application.
Said fee shall be in an amount as established and amended by resolution of the
Village of Tequesta Council shall not be reimbursable, and is intended to defray
the costs of administering, processing and reviewing the application.
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 or 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 of�icial 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.
TI� FOREGOING ORDINANCE was offered by Council Member
, who moved its adoption. The Ordinance was
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seconded by Council Member 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 , 2003.
MAYOR OF TEQUESTA
Edward D. Resnik
ATTEST:
Village Clerk
N:UCR\13153 ORDNANCES�Adoption of P&Z Board.doc
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'� need to go back to first reading of P&Z Board ordinance Page 1 of 1
Jeffery C. Newell
From: Jeffrey P. Sheffel [JSheffel@wsh-law.com]
Sent: Friday, November 07, 2003 5:02 PM
To: Jeffery C. Newell
Cc: Edward G. Guedes
Subject: need to go back to first reading of P&Z Board ordinance
You have asked me whether the revisions we have made to the P&Z Board ordinance since you first sent it to me
are sufficient to require a new first reading of the ordinance.
Generally, an ordinance may be revised between first and second reading (as opposed to requiring a new first
reading) so long as there is not a"substantial" change in the ordinance. In our case, while we have clarified some
things about the composition of the Board (and added the word "Advisory" to the Board's name), essentially the
ordinance still just creates the Board and vests it with essentially the same powers as it had after first reading. I
am comfortable that a new first reading is not legally required.
If you have any other questions, please let me know.
Jeffrey Sheffel
Weiss Serota Helfman Pastoriza
Guedes Cole & Boniske, P.A.
3107 Stirling Road, Suite 300
Ft. Lauderdale, FL 33312
954-763-4242
fax:954-764-7770
This message, together with any attachments, is intended only for the addressee. It may contain information
which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are
hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is
strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone
(954-763-4242) or by return e-mail and delete the message, along with any attachments.
11/19/2003