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HomeMy WebLinkAboutOrdinance_06-23_5/11/2023ORDINANCE 06-23 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. AT SEC. 78-4. DEFINITIONS. TO REVISE THE EXISTING DEFINITIONS FOR THE TERMS MAJOR AND MINOR REDEVELOPMENT AND AT SEC. 78-332. PRE -APPLICATION MEETING; OPTIONAL PRE -APPLICATION REVIEW PROCESS. TO MODIFY THE SECTION HEADING AND CLARIFY INSTANCES WHEN CONCEPTUAL PRESENTATIONS TO THE VILLAGE COUNCIL ARE REQUIRED AND AT APPENDIX D. LAND DEVELOPMENT FEE SCHEDULE. TO CONTEMPLATE BOTH MANDATORY AND OPTIONAL CONCEPTUAL PRESENTATIONS TO THE VILLAGE COUNCIL AND INCREASE THE FEE FOR BOTH; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 78. ZONING. AND APPENDIX D. LAND DEVELOPMENT FEE SCHEDULE. 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, currently the Village Code provides for an optional pre -application review process which contemplates an optional presentation to the Village Council; and WHEREAS, with increasing development and redevelopment trends in the Village, particularly along the Beach Road, US Highway 1 and Tequesta Drive corridors, required conceptual presentations to Village Council are appropriate under certain circumstances; and WHEREAS, the Village Council desires to adopt such a revision to the Village's Zoning Code and Appendix D; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens of the Village of Tequesta. NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. by amending Sec. 78-4. Definitions. to revise the existing definitions for the terms major and minor redevelopment; providing that Sec. 78-4 shall hereafter read as follows: Sec. 78-4. - Definitions. The following words, terms and phrases, when used in this chapter, unless otherwise specified, shall have the meanings ascribed to them in this section, except where the context 1 clearly indicates a different meaning. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular. The word "building" includes the word "structure." The word "shall' is mandatory. The word "person" includes a firm, corporation or municipal corporation as well as a natural person. The word "map" shall mean the official zoning map of the village. The term "council' shall mean the Council of the Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged, designed or intended to be used," and the word 'occupied" shall be deemed to include the words "arranged, designed or intended to be occupied." Any word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization. Redevelopment, major, means alteration, extension, enlargement or renovation of -50 which has a redevelopment cost which equals or exceeds 50 percent of the assessed value of the existing development prior to commencing any redevelopment activity. Redevelopment, minor, means alteration, extension, enlargement or renovation of less hich has a redevelopment cost which is less than 50 percent of the assessed value of the existing development prior to commencing any redevelopMaaLapfift. [All other definitions shall remain the same as previously adopted.] 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. by amending Sec. 78-332. Pre -application meeting; optional pre -application review process. to modify the section heading and clarify instances when conceptual presentations to the Village Council are required; providing that Sec. 78-332 shall hereafter read as follows: Sec. 78-332. Pre -application meeting; onceptual review process. (a) A pre -application meeting called by the community development director between appropriate village officials, the landowner or representative, and other entity representatives deemed appropriate shall be required prior to application submittal for site plan review to ensure proper coordination, intention and understanding in the development of land and buildings and to consider compliance with applicable village regulations. See section 78-331(g) for a list of possible pre -application meeting attendees. The applicant is 2 responsible for properly notifying the various affected agencies in the list of the time, place, and subject of the pre -application meeting. (b) Prior to submitting a site plan review application and committing the resources required to proceed through the site plan review application process as required by section 78-334, an applicant may choose to participate in the following pre-applisatiGn conceptual plan review process in order to gauge interest in tbe#is proposed project. (1) Conceptual presentation. Based on the outcome of the pre -application meeting, the applicant may request to present a conceptual site plan to the village council in order to receive further input. roiects on Beach Road. US Highway 1. Teguesta Drive. Old Dixie Hiahwav, Cypress Drive. and Bridge Road that contemplate any of the following shall submit a conceptual site plan to the village council for input: a) New development or major redevelopment. bA Site Plan Review requiring a code text amendment This conceptual presentation is not a quasi-judicial proceeding, and no action shall be taken by the village council beyond -a discussion with the applicant. Neither the outcome of this conceptual presentation; nor any comments made during this conceptual presentation by any village council member or village staff is a guarantee or assurance in any way of the final action that may be taken by the village council pursuant to a formal application for site plan review as provided in section 78-334. (2) Prior to being placed on a village council agenda for a conceptual presentation, the applicant shall submit the following: a. Processing fee in an amount as established by resolution of the village council and on file in the village clerk's office. b. c�Eive copies of sketches and diagrams sufficient to convey the conceptual site plan to the village council. This n4ay_ hall include a site plan indicating the h iaht. number of stories, density, number of units, open space, lot coverage calculations, floor plans and/or surveys. c. Seuee Five copies of a brief explanation that the proposed site plan complies with village code, including aesthetic considerations. 3 Section 3: Appendix D. Land Development Fee Schedule. of the Code of Ordinances of the Village of Tequesta is hereby amended to contemplate both mandatory and optional conceptual presentations to the Village Council and increase the fee; providing that Appendix D shall hereafter read as follows: APPENDIX D LAND DEVELOPMFNT FFF Sr_HFni ii W 1. Administrative Charges: a. Residential and commercial zoning review fees 1 % of the construction valuation b. Tree removal permit review $0.00 C. Zoning inspection fee as required) 100.00 d. Land development pre -application meetings 300.00 e. DRC meeting 400.00 f. Zoning determination letter 50.00 Sp ecial event permit i Under 200 attendees 40.00 ii Over 200 attendees 100.00 h. Special exception use —Administrative approval 300.00 i. Vegetation removal and land clearing permit (per Sec. 50.234 i) Flat fee commercial and multi -family development 200.00 + 40 per acre for land clearing ii Single family dwelling —New construction 100.00 Site Plan Modification —Administrative approval 50.00 k. Vacation rental permit i Annual permit fee per bedroom 200.00 ii Initial inspection 100.00 iii First re -inspection 150.00 iv Second or subsequent re -inspection 250.00 2. a. Annexation. No fee required 0.00 b. Contraction de -annexation 500.00 3. Reserved 4. Planninq and Zoning Board: a. Minor site plan review/modification final approval) 300.00 i For each resubmittal 100.00 b. Site plan review recommendation forapproval) 500.00 i For each resubmittal 250.00 C. Variances and waivers i Single family dwelling 300.00 ii Each landscape waiver 125.00 5. Villa a Council: a. Mandatory and 9gptional conceptual presentation to village council (fGF SpeGial exGeptien use and site plan 50000200 99 'Editor's note(s)—Per the city's request, the land development fees are herein set out. Cross reference(s)—Land development fees, § 62-181 et seq. 4 b. Application review fee 300.00 C. For each resubmittal 250.00 d. Special exception use(plus application fee 500.00 i) Adult entertainment establishment application processing fee 1,000.00 e. Site plan review: (application feeplus) $0.00 to $9,999.99 700.00 $10,000.00 to $49,999.99 2,000.00 $50,000.00 to $99,999.99 3,000.00 $100,000.00 to $199,999.99 4,000.00 Over $200,000.00 5,000.00 f. Environmental study review(per Sec. 50-39 i) Base fee (not inclusive of any additional costs necessary to complete reviewprocess) 500.00 9. Variances and waivers: i Duplex dwelling 750.00 ii Multi -family dwelling/commercial 1,000.00 iii Each landscape waiver 125.00 h. Rezoning of land 2,000.00 i. __4Zoning code text amendment 2,000.00 6. Expedited site plan review: In addition to the applicable site plan review fee listed above 1,000.00 7. Subdivision of land/plat: 1,000.00 Plus per lot 15.00 i Re-plat/lot-split 500.00 8. Comprehensive plan amendment/land use change: Base fee 5,000.00 Plus additional professional fees as may be determined in order to complete the process. 9. Development Order Time Extensions Allowed by Village Code: i Variance 250.00 ii Special exception use 250.00 iii) Site plan review: One-half of original base site plan review fee 10. Additional costs: a. To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special studies, the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30 days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be grounds for not issuing a building or zoning permit, certificate of occupancy or completion. b. Costs associated with advertising for public hearings and other public notice requirements are the res o sibility of the applicant. 11. Fee reduction for certain not -for -profit entities. Fees for property owners that are 501 c 3 entities shall be reduced by 50%. 12. Reduction or Waiver of Certain Fees by the Village Council: Notwithstanding the above provisions of this Fee Schedule, the Village Council may, from time to time, upon written request of the applicant, reduce or waive applicable fees for application resubmittals to either the Planning & Zoning Board or the Village Council, or for requests for development order time extensions when extenuating circumstances exist, which were not caused by action or inaction of the applicant, and that warrant the granting of relief in the sole discretion of the Village Council. All such requests shall be reviewed on a case -by -case basis. Any relief granted by the Village Council pursuant to this provision may be up to full amount of the applicable fee or any fraction thereof, in the sole discretion of the Village Council. Section 4: Each and every other section and subsection of Chapter 78. Zoning. And Appendix D. Land Development Fee Schedule. shall remain in full force and effect as previously adopted. Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall take effect immediately upon adoption. ORDINANCE Date 6-23 5/11/2023 Upon Second Reading Motion Vice -Mayor Laurie Brandon Second Council Member Rick Sartory Mayor Molly Young Vice -Mayor Laurie Brandon Council Member Frank D'Ambra Council Member Patrick Painter Council Member Rick Sartory FOR AGAINST ABSENT CONFLICT El © F ® 1 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: Molly Young ATTEST: Lori McWilliams, MMC Village Clerk