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ITEM: ORDINANCES 2021-26 THROUGH 2021-33 AMENDING CHAPTERS 1-8 OF WELLINGTON’S CODE OF ORDINANCES
REQUEST: Approval on First Reading of Ordinances 2021-26 through 2021-33 amending Chapters 1-8 of Wellington’s Code of Ordinances.
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EXPLANATION: Over the past three years Wellington’s Council has embarked on a program to update the Village’s three major operational and regulatory documents; the Land Development Regulations (LDR), the Comprehensive Plan, and the Code of Ordinances. All of these documents were originally adopted in the late 1990’s. Although all have had numerous piecemeal amendments over the years to address specific issues, no comprehensive reviews and updates have been done. The primary objectives are to update them so that they reflect the changes in circumstances, goals, and direction that have occurred since original adoption; and streamline and simplify them to make them easier to read and understand, including the elimination of duplicative and conflicting provisions.
The updated LDR was the first document completed and was adopted by Council approximately two years ago. In 1997 Council adopted the Palm Beach County LDR. This 1,300+ page code was difficult to read, harder to understand, and most of it did not fit Wellington well (or at all). The updated LDR is reduced to approximately 280 pages and was custom written entirely in-house to fit our contemporary needs. It has worked well for us since adoption. Minor amendments have been necessary as expected to accomplish consistency with the updated Comprehensive Plan.
The updated Comprehensive Plan was adopted earlier this year. The original Plan was adopted in 1999. Although this document was written for Wellington and numerous minor text and Future Land Use Map amendments have been made over the years (mostly by privately initiated applications), it was becoming obsolete. In the intervening years land use issues have transitioned from those relating to development of an ample supply of vacant land to a near buildout condition, with redevelopment and reinvestment becoming more relevant. The updated Plan fully addresses contemporary issues and Council aspirations.
The same approach is being taken with the final document of the trio, the Code of Ordinances. The current code was adopted in 1997 and contains 72 chapters (originally 70). However, 45 chapters are simply reserved for future use, leaving 27 actual chapters. Since initial adoption there have been 7 chapters added (2 added to the end of the code and 5 replacing original reserved chapters). The update proposes to eliminate the reserved chapters, and combine 2 existing chapters (same subject matter) and eliminate 2 chapters (unnecessary duplication). The updated code will reorder the chapters to make it entirely alphabetical (as originally intended) and will have 24 chapters. Most of the changes being made involve elimination of unnecessary and/or duplicative language or provisions, simplification of language, updating references to other laws (mostly State & County). None of the changes proposed would materially change the way Wellington operates and no major changes to regulations are being made. A spreadsheet identifying the changes proposed is attached. The first 8 chapters are being presented to Council on first reading. Additional chapters will follow for adoption on first reading. Once all of the chapters have been adopted on first reading, the entire updated code will be presented for adoption on second reading.
BUDGET AMENDMENT REQUIRED: NO
PUBLIC HEARING: YES QUASI-JUDICIAL: NO
FIRST READING: YES SECOND READING:
LEGAL SUFFICIENCY: YES
FISCAL IMPACT: NO
WELLINGTON FUNDAMENTAL: Responsive Government
RECOMMENDATION: Approval on First Reading of Chapters 1-8 of Wellington’s Code of Ordinances.