HomeMy WebLinkAboutDocumentation_Regular_Tab 10_7/14/2022Agenda Item #10.
Regular Council
STAFF MEMO
Meeting: Regular Council - Jul 14 2022
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
ORDINANCE 10-22, SECOND READING, 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.
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Ord. No. 10-22 - DRC Notice Requirements LPA 05-19-22
Page 307 of 524
Agenda Item #10.
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.
Page 308 of 524
Agenda Item #10.
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 x 17 sized, three copies
full sized, and one copy in a digital format as specified
by the village of the documents required by section
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Agenda Item #10.
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
Page 310 of 524
Agenda Item #10.
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 11 X 17
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
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Agenda Item #10.
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 x 17 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.
Page 312 of 524
Agenda Item #10.
(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,
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Agenda Item #10.
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.
(j) Postingpublic notice sig ncnaage on the subs
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
Page 314 of 524
Agenda Item #10.
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 posting 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
Page 315 of 524
Agenda Item #10.
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 gainst 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.
Page 316 of 524
Agenda Item #10.
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.
Page 317 of 524