Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 4B6_9/28/1995 r ‘ IEJL3 P • � ... Memorandum To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official AO Dale: 09/21/1995 Subject: Second Reading of Draft Ordinances and Amended Draft Ordinances Amending the Zoning Ordinance, Ordinance 355, as Amended Tom, attached are eighteen (18) sets of packets containing the draft ordinances for second "reading of same and first reading of others at the September 28, 1995 Council meeting. Three of the nine ordinances that were presented for first reading on September 14, 1995 have been amended as directed by the Village Council at the first reading, five of the draft ordinances were approved on first reading, as submitted for review, and one of the ordinances, the one regarding the Board of Adjustment, was to be revised by the Village Attorney. The draft ordinances are as follows: 1. Draft ordinance amending the Off-Street Parking and Loading Regulations- approved as submitted at first reading. 2. Draft ordinance creating new Section X, (R), Multi-family Recyclable Material Facilities - modified at first reading by adding sub-paragraph(j), Exemptions, and amended same to add language suggested by the Village Attorney. 3. Draft ordinance amending Section X, Supplemental Regulations- modified at first reading by adding an exemption for government facilities. 4. Draft ordinance amending the Sign Regulations regarding political signs - approved as submitted at first reading. 5. Draft ordinance amending the MU, Mixed-Use district requirements in order to address some housekeeping matters- approved as submitted at first reading. 6. Draft ordinance amending Section X, (M), Site Plan review process - modified at first reading to include language that gives Council right to defer approval of an application. 7. Draft ordinance amending Section XIV, Non-Conforming Uses, to allow R-3 district structures to be reconstructed in the event of a natural disaster, etc. where the damage may exceed 50% of assessed value - approved as submitted at first reading. 8. Draft ordinance amending Section XIII, Board of Adjustment- tabled at first reading with direction given to the Village Attorney to come back with a revised draft ordinance that assigns certain variance requests to the current Board of • Adjustment and other variance requests to the Village Council as determined by zoning district. 9. Draft ordinance creating new Section X, (S), Home Occupations- modified at _ first reading by shortening the list of"home occupation" uses, and by adding in • an annual Fire Department inspection of premises where a home occupation permit has been issued. SDL:pm Attachments 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. (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 : f 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: Joann Manganiello Village Clerk