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HomeMy WebLinkAboutDocumentation_Regular_Tab 4B7D_9/14/1995 1 -9 Memorandum • To: Thomas G. Bradford, Village Manager From: Scott D. Ladd, Building Official ) E Date: 09/07/1995 Subject: Draft Ordinances Amending the Zoning Ordinance, Ordinance 355,as Amended Tom attached are eighteen(18)sets of packets containing nine (9)proposed draft ordinances that amend certain sections of the Zoning Ordinance or that add new sections to the Zoning Ordinance. Some of the proposed changes, additions and/or deletions are housekeeping in nature and are proposed amendments that we have been collecting over the past several years. There are a couple of proposed ordinances that add new sections to our Zoning Ordinance, such as: • A new Section X(S),Home Occupations and a new Section X(R), Multi-family Recyclable Material Facilities. • There is a draft ordinance that proposes to abolish the current Board of Adjustment and give those powers and duties to the Village Council. • There is a proposed ordinance that amends the Sign Code to comply with legislative changes regarding political signs. • There is a draft ordinance that revises the Site Plan Review application process in an effort to streamline the process. • The Village Attorney put together a draft ordinance that amends the non-conforming use section of the Zoning Ordinance to provide some relief to the R-3 district condos on Beach Road with regard to rebuilding after a catastrophic event. • There is a draft ordinance that amends the parking regulations in order to strike a better balance between landscaped open space and parking spaces by reducing the size requirement for parking spaces, changing the parking space ratio (formula)to track current national trends and to offer a certain percentage of compact parking spaces. All of these parking regulation changes are being proposed in order to help our commercial and multi-family communities to'achieve closer compliance with Ordinance 377, the Village's Landscape Code. Pr. Attached immediately in back of each draft ordinance is a copy of the existing ordinance section being amended and/or a copy of support documents that were used as the source from which some or all of the draft ordinances were written. Please place the nine draft ordinances on the September 14, 1995 Council meeting agenda for first reading. Thanks. SDL:pm Attachments DR ORDINANCE NO. 17\ , 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. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTAi 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 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. J t ' (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 ext,t, ter O1nD # 7 e L Sec.X (f ) - APPENDIX A—ZONING Sec.X neer, architect or landscape architect, or a practicing land planner, as may be appropriate to the particular item. (s) Any item submitted as part of the application content, which requires modification at any time during the site plan review process by the village, may be so modified without resubmittal of an entirely new application provid- ed, however, that said modification is approved by the building official and village council and is determined to be consistent with the terms and intent of this subsection \ and the zoning district in which the site is located. V(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) Community appearance board review.An application with all required submittals,including but not limited to,twelve (12)copies of current survey,proposed site plan,landscape plan, site lighting plan, building elevation color render- ings, color samples, roof material sample and any other exhibits deemed appropriate by the building official and his development staff,shall be submitted to the community appearance board for their review and approval. (c) Review by the building official. Concurrent with the com- munity appearance board review process, the building of- ficial shall review the submitted site plan, and plans and requirements appurtenant to the site plan, to ensure corn- pliance with the applicable site regulations, use regula- tions,parking regulations,and all other technical require- ments. 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. If the application is deemed by the building official to be in compliance with such regula- -. tions and requirements, the application and all exhibits, together with the community appearance board review and approval letter and any additional comments of the building official and his development review staff concerning such Supp.No.23 1191 . • ,^* j Sec.X TEQUESTA CODE Sec.X application shall be submitted by the building official to " the village council. (d) Review by village council.Within thirty(30)days of receipt of the application, with community appearance board ap- proval letter and all required plans, exhibits and support documents from the building official, the village council shall review, consider and act upon said application. (e) Action by village council.After review,the village council shall grant approval,with conditions, or deny the applica- tion and direct the'building official to approve or withhold approval of the building permit. (f) Approval granted with conditions. When certain condi- tions 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. (g) 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.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 required 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. (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 Supp.No.23 1192 Sec.X APPENDIX A—ZONING Sec.X for site plan review, pay a fee in an amount as estab- lished in Chapter 16 of the Village of Tequesta Code of Ordinances. 2. Additional costs. To cover all additional administra- tive costs,actual or anticipated,including,but not lim- ited 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 thirty(30)days after final application approval whichever is determined as appropriate by the building official. (N) Marina Facilities. (1) Marina facilities shall include facilities for wet storage and the docking of pleasure crafts associated.with the residential district in which it is located. Marina facilities may include a marina,boat dock and yacht club. The yacht club may provide a restaurant,lounge, ships chandler and other club facilities as an accessory use to the marina, boat dock or yacht club facility, which shall be restricted to social and recreational activities and facilities with eating and drinking establishments.Marina facili- ties are allowed only as special exceptions in R-2 and R-3 Multiple- family Dwelling Districts,for properties within said zones which are contiguous to the intracoastal waterway,subject to the regu- lations and restrictions of the zoning districts and the require- ments for special exceptions. (2) Docking of pleasure crafts is limited to not more than forty (40)boats. At no time may more than twenty-five(25)percent of the slips in the facility be used for residential purposes.Any craft docked.at the facility used for temporary residential purposes shall be allowed to serve as a residence for not more than a total of eight (8) months during any one (1) year. There must be at least four (4) months, intervening. nonresidency between each eight-month period of residency. (3) All docks shall be constructed in conformance with the requirements set forth in Section XVII of this ordinance. (4) All marina facilities shall provide, at each boat slip, an individual sewer and water connection which shall be connected Supp.No.23 1193