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HomeMy WebLinkAboutDocumentation_Regular_Tab 9AB_9/28/1995 Igo" Memorandum 4 'f To: Village Council . From: Thomas G. Bradford, Village Manager 7 ,] %,..7 Date: September 22, 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 September 18, 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 September 28th Agenda, are as follows : • IV(B) , ( 6) :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 . • IV(B) , (8) :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(A) : Creating a $1000 fee for expedited site plan review procedures . • IX, (B) : 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 . a, 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 r ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 16 OF THE CODE OF ORDINANCES OF THE VILLAGE OF TEQUESTA BY AMENDING SECTION 16 - 2 , ADMINISTRATIVE COSTS, SUBSECTION (a) , BASE APPLICATION FEES, PARAGRAPH (7 ) ; BY ADDING NEW SUB- PARAGRAPH 7, f; EXPEDITED SITE PLAN REVIEW; 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 . Chapter 16 of the Code of Ordinances of the Village of Tequesta is hereby amended at Section 16-2, Sub- Section (a) , Paragraph (7 ) by adding Sub-Paragraph f, as follows : " (7 ) Site Plan Review: a. Sign $125 . 00 b. Satellite Antenna $125 . 00 c. New Construction/Additions/Renovations/ Remodeling; based on cost of work, as follows : $0 . 00 to $24, 999 . 99 $ 425 . 00 $25 , 000 . 00 to $49 , 999 . 99 $ 625 . 00 $50, 000 . 00 to $99 , 999 . 99 $1, 250 . 00 $100, 000 . 00 to $199 , 999 . 99 $1, 875 . 00 Over $200, 000 $2, 500 . 00 d. Site Plan Modification: 1/4 of original base site plan review fee for each resubmittal e. Site Plan Review Time Extension: 1/2 of original base site plan review fee . f. Expedited Site Plan Review, in addition to the applicable site plan review fee listed above $1, 000 . 00" 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 armart, of the Official Code of Ordinances of the Village of Tequesta. h Section 4. Effective Date. This Ordinance shall taken 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 : 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 •' ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE +� VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 7 OF THE CODE OF ORDINANCES AT SECTION 7-4, RELATING TO MEETINGS; RECORDS; APPROVAL OF PLANS; APPEALS FROM BOARD AND DECISIONS OF THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; 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. Chapter 7 of the Code of Ordinances is hereby amended at Section 7-4 to read as follows : "Sec . 7-4 . Meetings; Records; Approval of Plans; Appeals from Board, Decision. (a) The Community Appearance Board shall meet at the call of the Chairman in order to consider applications pending without unnecessary delay. All meetings shall be open to the public and the order of business and procedures to be followed shall be as prescribed within the rules and regulations to be adopted by the Board. A majority of the Board shall constitute a quorum and the affirmative vote of a majority of the Board present shall be necessary for any action thereof . The Village Manager is authorized and empowered to appoint a Clerk of the Board. A record of the proceedings of the Board shall be kept, showing its actions on each question considered. Such records shall be filed in the office of the Clerk of the Community Appearance Board and shall be open for public inspection. (b) Failure of the Board to take final action within fifteen (15) days of sufficient plans and specifications being filed with the Board shall constitute approval of such plans and specifications by the Board. (c) Any person aggrieved by a decision of the Community Appearance Board may file a Notice of Appeal with the Village Council by filing the same with the Village Building Official . Such Notice of Appeal shall specify the action taken by the Board and in what respect to his/her application. The Village Council shall sit in open session as an Appeal Board from the Community Appearance Board at the next regularly scheduled Village Council Meeting or within twenty (20) days of the Notice of Appeal being filed, whichever is sooner, and shall render an Order within seven (7) days after so sitting, which Order shall either affirm the action of the Community Appearance Board, affirm it with modifications or reverse it . In the event the aggrieved party has chosen the expedited site plan review process, they may appeal directly to the Village Council at the special meeting of the Community Appearance Board and Village Council called for such purpose . At the discretion of the Village Council, the appeal of a Community Appearance Board decision under expedited site plan review procedures may, be deferred to the next regularly scheduled meeting of the Village Council . " 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 : 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