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HomeMy WebLinkAboutDocumentation_Regular_Tab 9ABC_9/14/1995 ik Memorandum . To : Village Council - From: Thomas G. Bradford, Village Manager 7i' Date : September 8, 1995 - Subject: Ordinances Amending the Tequesta Development Review Procedures; Agenda Items There are a number of Ordinances scheduled for first reading at the Village Council Meeting on September 14, 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 14th Agenda, are as follows : • IV(B) , (6) :Dissolving the Board of Adjustment, providing that the Village Council shall hear appeals and variances . • IV(B) , (7) :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(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. • IX, (C) : Resolution authorizing waivers for impact fees for residential development for two years . The Ordinance abolishing the Board of Adjustment would streamline : . Village operations, and give control of variances associated with new development projects to the Village Council. Of course, this also means the ,Village Council will be required to deal with "routine" variances associated with existing development. 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 . Page 2- The Resolution granting the temporary waiver for impact fees for residential development has been conservatively constructed. It requires the developer to pay the impact fee up-front and receive reimbursement at the issuance of the Certificate of Occupancy if received within 24 months . Other alternatives would be : • Developer does not pay impact fee, but, if not receiving Certificate of Occupancy within twenty-four months, must pay at Certificate of Occupancy. (Not Recommended) • Developer does not pay the impact fee at building permit issuance for permits issued within - the next twenty-four months without regard to whether the construction commences or is completed within that timeframe . The Village Council can choose the alternative that they feel is best for the Village . Staff chose the conservative approach for the first draft. 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 C1) 1113 1:1\ 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 a,part of the Official Code of Ordinances of the Village of Tequesta. J 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 RQ r ORDINANCE NO. ' 1E6 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 I ATTEST: Joann Manganiello Village Clerk C. RESOLUTION No. A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AUTHORIZING TEMPORARY WAIVERS FOR IMPACT FEES FOR RESIDENTIAL DEVELOPMENT WITHIN THE VILLAGE OF TEQUESTA. WHEREAS, the Village of Tequesta requires certain impact fees for recreation, fire-rescue and police services; and WHEREAS, the Village desires to offer development incentives for residential development within the Village; and WHEREAS, the Village has determined that it would be to the advantage of the Village to waive certain impact fees for a period of twenty-four months for applications which come in during said time period for residential .development. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The recreation impact fee, fire-rescue impact fee and police services impact fee are hereby waived for applications for residential development which are made for a period of twenty-four months following the date of this resolution. Section 2 . One hundred percent of the impact fees shall be waived for residential development. Any mixed use or PUD development would be entitled to a waiver for those portions of the project providing for a residential component. Section 3. In exchange for the waiver of the impact fee, residential development shall provide for recreation/open space for the inhabitants. For a single family home the recreation/open space shall be the required yard and open space. In multi-family or mixed use projects, recreational amenities and/or open space must be provided in a manner that is found to be satisfactory by the Village Council. Section 4. The waiver shall become effective upon the issuance of the certificate of occupancy for the completed project. Impact fees shall be required upon application of the project, but shall be refunded by the Village upon satisfaction to the Village Council that the project is complete and has provided the recreation/open space required by the Village. Section 5. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember , who moved its adoption. The Resolution 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 Resolution duly passed and adopted this day of , 1995. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk 2