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HomeMy WebLinkAboutDocumentation_Regular_Tab 9A_10/12/1995 Ell 1 A ORDINANCE NO. ' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION X, SUPPLEMENTAL • REGULATIONS, APPLYING TO A SPECIFIC, TO SEVERAL OR TO ALL DISTRICTS, SUB-SECTION (M) SITE PLAN; PRE-REQUISITE TO BUILDING PERMIT ISSUANCE, BY AMENDING SUB-PARAGRAPH (4) , APPLICATION PROCESS, BY REQUIRING VILLAGE COUNCIL APPROVAL PRIOR TO COMMUNITY APPEARANCE BOARD REVIEW AND BY ADDING A PROVISION FOR A EXPEDITED SITE PLAN REVIEW PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section X of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended at Sub-Section (4) , as follows : " (4) Application Process. Applications for site plan review shall adhere to the following procedures and requirements : . (a) A pre-application submittal meeting shall be held with the applicant and his/her design team and the Building Official and his/her development staff. (b) Review by the Building Official. The Building Official 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. If the application is deemed by the Building Official 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 Village Council for the granting of a variance concurrent with site plan review. If the application is deemed by the Building . Official to be in compliance with such regulations and requirements, the application and all exhibits and any additional comments of the Building Official and his development review staff concerning such application shall be submitted by the Building Official to the Village Council. The Building Official shall submit such application for Village Council review within forty-five (45) days of receipt of the application. (c) Review by Village ,Council. Upon receipt of all required plans, exhibits and support documents from the Building Official, including but not limited to, twelve ( 12 ) copies of current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits deemed appropriate by the Building Official and his development staff, the Village Council shall review, consider and act upon said application. (d) Action by Village Council. After review, the Village Council shall grant approval, with conditions, or deny or defer the application and direct the Building Official to approve or withhold approval of the building permit. •(e) Approval Granted with Conditions . When certain conditions are attached to the site plan review, the conditions shall be stated in writing on a separate form and become a part of the approved site plan. Prior to the issuance of a building permit, the applicant shall sign and date the form, indicating acknowledgment of the conditions. ,(f) 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. (g) Community Appearance Board Review. Within fifteen ( 15) days after Village Council approval of said application and upon receipt of all required submittals, including but not limited to, twelve (12) copies of current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits deemed appropriate by the Building Official and his development staff, the Community Appearance Board shall review and act upon said application. (h) Expedited Site Plan Review. At the applicant's request and upon prior receipt of the_ application fee associated therewith, in addition to all required submittals, including but not limited to, twelve (12) copies of current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits deemed appropriate by the Building Official and his development staff, the Village shall initiate an expedited site plan review process wherein within thirty (30) days of receipt of the application, at a 'joint meeting, the Village Council and the Community Appearance Board shall concurrently review, consider and act upon said application. Action may include approval, approval with conditions, denial or deferral. T' i (i) Time. A building permit must be applied for within one (1) year of the date of the site plan approval or said 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. In the event that building permits are not filed within the times, the approval shall terminate and be deemed null and void unless such time period is extended for one (1) more year only by the Village Council upon written request of the applicant. ( j ) Application Fee. 1 . Administrative Costs. To cover all administrative costs incurred by the Village in the site plan review process, the applicant shall come upon submittal of the application for site plan review, pay a fee in an amount as established in Chapter 16 of the Village of Tequesta Code of Ordinances . 2 . Additional Costs . 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, not later than thirty (30) days after final application approval, whichever is determined as appropriate by the Building Official. Additional costs may also apply to the expedited site plan review process. " 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. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 4. Effective Date. This Ordinance shall take effect upon its passage as provided by law. THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: J FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , A.D. , 1995 . Mayor of Tequesta Ron T. Mackail ATTEST: JoannManganiello Village Clerk v.t- A .- Memorandum To: Village Council From: Thomas G. Bradford, Village Manager Date: October 6, 1995 Subject: Ordinances Amending the Tequesta Development Review Procedures; Agenda Items There are a number of Ordinances scheduled for consideration at the Village Council Meeting on October 12, 1995, which in their totality, are intended to modify the Tequesta development review procedures along the lines of that previously discussed with the Village Council. As you know, the Village Council has indicated a desire to speed up the development approval process and, where beneficial, consolidate decision making authority relative to development proposals . The Ordinances in question, as they appear upon the October 12th ' Agenda, are as follows : • IX(A) : . Amending site plan review procedures so that approval occurs prior to Community Appearance Board review; adding a provision for an expedited site plan review process . . • IX(B) : Amending the powers of the Board of Adjustment, providing that the Village Council shall hear appeals and variances for all matters except in single-family zoning districts . • IX(D) : Creating a $1000 fee for expedited site plan review procedures . • IX(E) : Updating the procedures of the Community Appearance Board to coincide with current practices and amend the timeframes for final action and appeals from the Board. The Ordinance amending, the variances before the Board of Adjustment should address primary Village Council concerns yet still allow the Board to exist, which is a reasonable compromise. The second Ordinance listed above will' amend the development review process so that Village Council reviews site plans prior to the Community Appearance Board. More importantly, it creates a new expedited review process whereby at the option of the applicant, for an additional fee of $1000, the applicant has the potential of receiving development review approvals in thirty days versus sixty days . The next listed Ordinance provides the fee for the expedited site plan review process . The Ordinance amending procedures of the Community Appearance Board reduces the time granted to the Community Appearance Board from the current twenty days to fifteen days . r Page 2- I think that these proposed changes will address the concerns expressed by the Village Council relative to our development review procedures and, will offer an incentive to stimulate development by the waiver of impact fees while speeding up the review process for those persons desiring same. TGB/krb