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Ordinance 01-2015B Vetoed 8F 41 Q� qA� Ci � o� ® TOWN OF PALM BEACH— �� Office of the Town Manager i February 13, 2015 To: Susan Owens,Town Clerk Pursuant to Article III section 3.05 (e) of the Town of Palm Beach Charter, I hereby veto ordinance number 1-2015 B adopted by the Town Council on February 11, 2015. A copy of said ordinance is attached hereto.This veto is delivered to Ms. Susan Owens,Town Clerk on Friday, February 13, 2015 as required by the above referenced provision of the Town Charter. i Respectfully, i i Gail Coniglio Mayor for the Town of Palm Beach i f i RECEIVE x:015,FEB I'D 14!27 TWN CLERK Post Office Box 2029 • 36o South County Road Palm Beach,Florida 33480 Telephone(561)838-5410•Facsimile(561)838-5411 Email:townmanager@townofpalmbeach.com•Website:www.townofpalmbeach.com Ordinance No. 1-2015B An Ordinance Of The Town Council Of The Town Of Palm Beach, Palm Beach County, Florida, Amending The Town Code Of Ordinances At Chapter 134, Zoning; Article II, ADMINISTRATION, Section 134-261 To Include Comprehensive Plan Amendments In The Hearing Process And Requiring A Favorable Vote Of At Least Four Members Of The Town Council To Approve Comprehensive Plan Amendments; Providing For Severability; Providing For Repeal Of Ordinances In Conflict; Providing For Codification; Providing An Effective Date. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: WHEREAS, after a public hearing pursuant to notice required by law, the Planning and Zoning Commission considered all testimony and recommended the following changes to the Code of Ordinances; WHEREAS, after public hearing pursuant to notice required by law, the Local Planning Agency considered the Planning and Zoning Commission's Record and Report and all testimony and recommended that the Town Council adopt the subject Ordinance; and, Whereas, after public hearing pursuant to notice as required by law, the Town Council does hereby find, determine, and declare that the public health, safety, morals and general welfare of the citizens of the Town of Palm Beach require that the aforesaid Chapter 134, Zoning, of the Code of Ordinances, be amended as hereinafter set forth. Section 1. Amend ARTICLE I1, ADMINISTRATION, Section 134-261, Town Council Actions; submission to the planning and zoning commission for recommendations and report; hearings, to read as follows: Subdivision I. - In Ceneral See. 134-261. - Town council actions; submission to planning and zoning commission for recommendations and report; hearings. (a) The town council may Prom time to tinnc on its own motion or on petition, signed by the fee simple property owner ole the property involved or authorized designee, agent or representative of the owner by power of attorney filed with the director of the planning, zoning and building departnnent or designee, amend, supplement, change, modify or repeal the regulations, restrictions or district boundaries established in this chapter or amendments to the town's conM,reliensive flan. (b) Any proposed comprehensive plan annendnnent or amendment, supplement, change, modification or repeal of zoning regulations shall first be submitted to the director of planning; zoning and building or his designee. who shall submit it to the planning and zoning commission for its recommendations and report. Upon the filing of tile recommendations and Ordinance No. 1-2015B Page 1 of 3 report by the planning and zoning commission, the town council shall proceed to hold a public hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing in a newspaper having a general circulation in the town, and by posting the notice ori the official bulletin board of the town hall. (c) Ifan adverse report is given by the planning and zoning commission or ii'a protest against s-uc;li a proposed amendment, supplemcnt, change, modification or repeal of a zoning regulation is ,,,�hal-l-be presented in writing to the town cleric, duly signed and acknowledged by the oNvucrs of ?0 percent or more, either of the area of the lots included in such proposed change or of those itimiediatery adjacent in the area thereof exteudiug 500 feet therefrom, such amcndmeut shall not become effective except by the favorable vote of three-fifths of all the members ofthe town council. In the event of a tie vote, the mayor shall cast the deciding vote, which shall constitute the three -fifth's requirement of the town council stated herein. (d) The planning and zoning commission shall hear applications to amend the eoniprehensive flan, rezone property aud/or to amend, supplement, change, modify or repeal any article; division or section of this chapter tivithirr 60 days of the application being deemed complete by the director of the planning, zoning and builditrg department or designee. Any proposed comprellcnsive _plag amen}chilenc.... or amendment to change property from one zoning district to another zoning district shall require the favorable vote of at least four members of the town council. A public hearing on the application shall then be held by the town council after public notice of the hearing is given in accordance with law. Section 2. 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 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Ordinance No. 1-2015B Page 2 of 3 Section 5. Effective Date. This Ordinance shall take effect 31 days subsequent to its passage on second and final reading. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 14"' day of January, 2015, and for second and final reading on this 11°i day of February, 2015. M. Conig io, Mayor 4Mic . Pucillo, Tow0ouncil President e Richard M. Kleid, Council President Pro Tem ATTEST: an A. O ns, M , Town Clerk R bert N. Wildrick, Town Council Member Ordinance No. 1-2015B Page 3 of t i Ordinance No. 1-2015B Page 3 of