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HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 01_5/19/2022Local Planning Agency STAFF MEMO Meeting: Local Planning Agency - May 19 2022 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development ORDINANCE NO. 10-22: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2 SITE PLAN REVIEW, SEC. 78-334. APPLICATION AND REVIEW PROCESS, TO PROVIDE THAT DEVELOPMENT REVIEW COMMITTEE MEETINGS ARE PUBLIC MEETINGS, AND TO PROVIDE NEW ON -SITE NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. 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. APPLICATION AND REVIEW PROCESS, TO PROVIDE THAT DEVELOPMENT REVIEW COMMITTEE MEETINGS ARE PUBLIC MEETINGS, AND TO PROVIDE NEW ON -SITE NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. BUDGET INFORMATION: BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A Additional Budgetary Information: Funding Source(s): N/A N/A Ord. No. 10-22 - DRC Notice Requirements LPA 05-19-22 ORDINANCE NO. 10-22 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE'S CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2 SITE PLAN REVIEW, SEC. 78-334. APPLICATION AND REVIEW PROCESS, TO PROVIDE THAT DEVELOPMENT REVIEW COMMITTEE MEETINGS ARE PUBLIC MEETINGS, AND TO PROVIDE NEW ON -SITE NOTICE REQUIREMENTS FOR DEVELOPMENT APPLICATIONS PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. 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, the Village Council of the Village of Tequesta desires the Village to conduct public development review committee meetings in order to provide maximum transparency in the development review process; and WHEREAS, the Village Council of the Village of Tequesta desires to require on - site public notice for development applications in order to provide maximum public notice of development applications pending in the review process; and WHEREAS, the Village Council of the Village of Tequesta has determined that the revisions to Village Code contained herein will serve the aforesaid purposes and with benefit the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, THAT: Section 1: The facts and recitations contained in the preamble of this ordinance are adopted and incorporated by reference as if set forth in this section. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IX Supplemental Regulations, Division 2 Site Plan Review, Sec. 78-334. Application and review process, to provide that Development Review Committee meetings are public meetings, and to provide new on -site notice requirements for development applications; providing that Chapter 78, Article IX. Sec. 78-334 shall hereafter read as follows: CHAPTER 78. - ZONING DIVISION 2. - SITE PLAN REVIEW Sec. 78-334. - Application and review process. Applications for site plan review shall adhere to the following procedures and requirements: (a) Preapplication meeting. A preapplication submittal meeting shall be held with the applicant and his design team and the community development director and his development staff, pursuant to section 78-332. (b) Review by the development review committee. Upon receipt of all required plans, exhibits and support documents from the applicant, including but not limited to seven copies 11 x17 sized, three copies full sized, and one copy in a digital format as specified by the village of the documents required by section 78- 333, the development review committee, which is comprised of zoning, public works, police and fire department representatives, and engineering, traffic and landscaping consultants, as well as other department representatives or consultants as determined by the community development director or designee, and as listed at section 78-331(g) shall review the submitted site plan, and plans and requirements pertinent to the site plan, to ensure compliance with the applicable site regulations, use regulations, parking regulations and all other technical requirements. Development Review Committee meetings are public meetings and proper notice of all such meetings shall be posted at Village Hall in the same manner as other public meetings are posted. If the application is deemed by the development review committee to be at variance with such regulations and requirements, further action on the site plan review shall be stayed until such variance is resolved or appropriate application is made to the planning and zoning board or the village council, as appropriate, and the necessary variance is granted in accordance with article III of this zoning ordinance. If the application is deemed by the development review committee to be in compliance with such regulations and requirements, the application and all exhibits and any additional comments of the development review committee concerning such application shall be submitted by the community development director or designee to the planning and zoning advisory board for further review in accordance with this section. The community development director or designee shall submit such application for planning and zoning advisory board review within 45 days of receipt of a completed application. Within 45 days of review by the planning and zoning advisory board, the community development director or designee shall then submit such application, including the recommendations of the planning and zoning advisory board, for village council review. However, for the items specified in subsection 22-53(b), the planning and zoning advisory board has final approval authority, and those items do not require further approval by the village council. (c) Review by planning and zoning advisory board. Upon receipt of all required plans, exhibits and support documents from the community development director, including but not limited to nine copies 11x17 sized, three copies full sized, and one copy in a digital format as specified by the village of the documents required by section 78-333 and any other exhibits deemed appropriate by the development review committee the planning and zoning advisory board shall hold a public hearing to review, consider and make recommendations to the village council, or take final action pursuant to section 22-53(b), regarding the application. Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which site plan review is sought or his agent or attorney designated by him on the submitted application shall be notified by mail of the date and time of the hearing. (d) Review by village council. Upon receipt of all required plans, exhibits and support documents from the community development director, including but not limited to seven copies 11 x17 sized, three copies full sized, and one copy in a digital format as specified by the village of the documents required by section 78- 333 and any other exhibits deemed appropriate by the development review committee the village council shall hold a public hearing to review, consider and act upon the application. Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which site plan review is sought or his agent or attorney designated by him on the submitted application shall be notified by mail of the date and time of the hearing. (e) Action by village council. After review, the village council shall grant approval, with conditions, or deny the application and direct the building official to approve or withhold approval of the building permit. (f) Approval granted with conditions. When certain conditions are attached to the site plan review, the conditions shall be stated in writing on the order granting site plan review and shall become a part of the approved site plan. Conditions of approval shall be related to the proposed development and shall be roughly proportional to the anticipated impacts of the proposed development. (g) Developer's agreement. The village council may require an applicant to enter into a developer's agreement with the village if the village council deems such agreement appropriate. If a developer's agreement is required of an applicant, it shall be set forth in a recordable form, acceptable to the village attorney. (h) Time limit for application for building permit. A building permit must be issued within one year of the date of the site plan approval or the approval shall be nullified. In the case of a site plan which provides for development phases over a period of years, the village council shall set forth time within which application for building permit on each phase shall be filed. If applications for building permits are not issued within these times, the approval shall terminate and be deemed null and void unless such time period is extended for one more year only by the village council upon written request of the applicant, submitted to the village, prior to expiration of the site plan. (i) Application fee. (1) Administrative costs. To cover all administrative costs incurred by the village in the site plan review process, the applicant shall, upon submittal of the application for site plan review, pay a fee in an amount as established by resolution of the village council and on file in the village clerk's office. (2) Additional costs. To cover any additional costs including, but not limited to advertising costs, engineering fees, consulting fees, attorneys' fees and special studies, which are not captured by the application fee, the applicant shall reimburse the village for all such costs not later than 30 days after being invoiced by the village. Failure to make such payment may be grounds for not issuing a building or zoning permit, or certificate of occupancy or completion final. (i) Posting of public notice sianaae on the subject property. In addition to any other notice required by village code or state law, public notice of requests for approval of planned residential developments, planned commercial developments, future land use map amendments, rezonings, variances, site plans, and special exceptions to be considered by the planning & zoning board or the village council shall be posted by the applicant, agent or property owner. in a conspicuous place clearly visible from accessible public property on or around the property which is the subject of the application. Failure to post and maintain such notice may result in a postponement of the application at the advertised public hearing. The applicant shall provide proof of posting in the form of a signed affidavit, including photographs, attesting to to the date of installation as well as the number of signs installed. Applicant's proof of posting and supporting photographs shall be provided to the community development director or designee no later than ten calendar days prior to the first public hearing at either the planning & zoning board or the village council. The applicant shall bear any costs that may be required to re -advertise the public hearing. The requirements listed below shall be followed in the posting of all public notices: 1) A minimum of one public notice sign shall be posted along each property frontage abutting each public right-of-way: however. the community development department may require the Postina of additional signs depending upon the size and location of the Property which is the subject of the application. The required signs shall be posted by the applicant in a conspicuous manner within 25 feet of the nearest public right-of-way- (2) The required signs shall be posted no later than 14 calendar days prior to the first public hearing which may be at either the planning & zoning board or the village council. The signs shall be maintained and. if necessary, shall be replaced by the applicant, and shall remain posted on the property until final action is taken on the application by the village, or until the application has been officially withdrawn. The signs shall be removed by the applicant within ten calendar days after final action is taken on the application by the village, or the application is officially withdrawn by the applicant. 3) All required public notice signs shall be provided to the applicant or the applicant's authorized agent by the community development department. Only signs provided by the community development department may be utilized. Such required signs shall be three feet in width by four feet in length (3' x 4'), and the color of the signs shall be a white background with black block letters. The community development department shall provide the applicant or applicant's authorized agent with directions for posting the sign. In the event the village incurs any administrative, professional, legal or other costs, expenses, or fees due to the applicant's failure to either post or maintain posted signs, the applicant shall reimburse the village for all such fees or costs within 30 calendar days from the date of the issuance of any invoice to the applicant by the village for payment of the additional costs, fees, and expenses. The failure of an applicant to reimburse the village for such costs, fees, and expenses within the 30-day period shall result in the creation of a lien in favor of the village against the applicant and any real and personal property owned by the applicant in the state. Interest on the unpaid amount shall accrue at the maximum rate allowed by law per annum. The village may record a claim of lien for the unpaid amounts due. including interest, in the public records of the county and any other county in which the applicant owns real property. Section 3: Each and every other Section and Subsection of Chapter 78. Zoning, shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon adoption.