HomeMy WebLinkAboutDocumentation_Regular_Tab 8AB_9/10/1998 A48
4 r'IEMORANDUM
ij
TO: Thomas G. Bradford, Village Manager
FROM: Scott D. Ladd, Director of Community Development „jig
DATE: September 3, 1998
SUBJECT: Public Hearing for Special Exception Use
Adult Congregate Living Facility (ACLF)
The Crossings of Tequesta (84 Unit Independent Care Facility) and, Clare Bridge of
Tequesta (52 Unit memory Impaired Facility)
Located at the Intersection of Village Blvd. and Old Dixie Hwy.
. Tom, attached are eighteen (18) packets for the above referenced Public Hearing. Please place this
item on the agenda of the September 10, 1998, Village Council meeting. Staff recommends approval
subject to comments below.
An examination of the special exception criteria by staff indicates the following:
O The proposed use for the Crossings is a valid use for consideration by the Village Council.
O The proposed use for the Clare Bridge would be a valid use if zoning-in-progress is waived.
O The proposed use is designed, located and proposed to be operated so that the public
health, safety and welfare will be protected.
° There is noway to know if this proposed project will have an adverse affect on the value of
surrounding properties.
O The use is substantially compatible with adjacent development and the character of the
zoning district where it is to be located (M-U, Mixed Use District).
O Adequate landscaping and screening is provided as required by Ordinance 377.
O Adequate off-street parking and loading is provided in accordance with the Code
requirement and ingress and egress is provided and causes minimal interference with
traffic on abutting streets.
O The use conforms with all applicable regulations of the M-U, Mixed Use District.
Staff Comments: The application for The Crossings can be reviewed for special exception use as
submitted. The application for the Clare Bridge must first receive a waiver to zoning-in-progress
before it is valid to review the project for special exception use. Staff recommends that, if approved,
the Crossings must receive a building permit first, followed by the Clare Bridge.
SDL:jmb
enclosure
4
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
SPECIAL EXCEPTION USE
VILLAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village of Tequesta, Florida, will
hold a Public Hearing during the Village Council meeting Thursday, September 10, 1998,
beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta,
Florida,to consider:
• An Application from Joseph W. Capra, P.E. for the Sterling House Corporation as agent for
owner Gary Van Brock of the property located at the northeast corner of Old Dixie Highway
and Village Blvd., Tequesta, Florida, for a Special Exception as provided by Section X (J),
Special Exception Uses, of the Village of Tequesta Zoning Ordinance, Ordinance No. 355,
as amended,to allow the construction of 1) an 84 unit independent care facility(ICF) known
as "The Crossings" and 2) a 52 unit extended care facility(ECF) known as "Clare Bridge"
located to the west of the two existing 42 unit extended care facilities at 205 & 211 Village
Blvd. and within the M-U, Mixed-Use Zoning District of the Village of Tequesta.
At such time and place, the Village Council will hear all evidence in support of or in opposition to
this application. You are advised that if any person decides to appeal any decision made by the
Village Council with respect to any matter considered at the Public Hearing, he will need a record
of the proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made,which record includes the testimony upon which the appeal is to be based.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Village of Tequesta,
For the Village Council
Elizabeth A. Schauer, Mayor
AeA 414
Scott D. Ladd, C.B.O.
Director of Community Development
Posted: August 21, 1998
Publish: August 26, 1998
September 6, 1998
NOTICE
OF
SPECIAL EXCEPTION
PUBLIC HEARING
THURSDAY, SEPTEMBER 10, 1998
7:00 P.M.
Public Notice is hereby given that the Village Council of the Village of Tequesta, Florida, will
hold a Public Hearing during the Village Council meeting Thursday, September 10, 1998,
beginning at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta,
Florida, to consider:
• An Application from Joseph W. Capra, P.E. for the Sterling House Corporation as agent for
owner Gary Van Brock of the property located at the northeast corner of Old Dixie Highway
and Village Blvd., Tequesta, Florida, for a Special Exception as provided by Section X (J),
Special Exception Uses, of the Village of Tequesta Zoning Ordinance, Ordinance No. 355,
as amended,to allow the construction of 1) an 84 unit independent care facility(ICF) known
as "The Crossings" and 2) a 52 unit extended care facility(ECF) known as "Clare Bridge"
located to the west of the two existing 42 unit extended care facilities at 205 & 211 Village
Blvd. and within the M-U, Mixed-Use Zoning District of the Village of Tequesta.
At such time and place, the Village Council will hear all evidence in support of or in opposition to
this application. You are advised that if any person decides to appeal any decision made by the
Village Council with respect to any matter considered at the Public Hearing, he will need a record
of the proceedings, and for such purpose he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony upon which the appeal is to be based.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
Village of Tequesta,
For the Village Council
Elizabeth A. Schauer,Mayor
)4'0 J. dra
Scott D. Ladd, C.B.O.
Director of Community Development
/jeh
Posted: August 24, 1998
VILLAGE OF TEQUESTA
APPLICATION FOR SPECIAL EXCEPTION)
THE UNDERSIGNED REQUESTS A SPECIAL EXCEPTION FOR THE USE SPECIFIED BELOW.
SHOULD THIS APPLICATION BE APPROVED, IT IS UNDERSTOOD THAT IT SHALL ONLY
AUTHORIZE THAT PARTICULAR USE DESCRIBED IN THIS APPLICATION AND ANY CONDITIONS
OR SAFEGUARDS REQUIRED BY THE VILLAGE OF TEQUESTA.
NAME OF APPLICANT:Joseph W. Capra, P.E. for the Sterling House Corporation DATE: 7/17/98
MAILING ADDRESS: 1870 SE Port St. Lucie Boulevard, Port St. Lucie, Florida 34952
PHONE NUMBER: (HOME) (BUSINESS) (561) 398-8182
LOT/PARCEL ADDRESS: See attached Legal Description
LOT: BLOCK: SUBDIVISION:
PROPERTY CONTROL NUMBER:
EXISTING USE: Vacant
DESCRIPTION OF SPECIAL EXCEPTION: A 52-unit Clare Bridge facility and an 82-unit
Crossings facility for the elderly.
PROPERTY OWNER: Mr. Gary Van Brock
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION:
1. CURRENT SURVEY OR SITE PLAN OF PROPERTY SHOWING STRUCTURES AND
SETBACKS.
2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL
EXCEPTION USE.
3. WRITTEN APPROVAL FROM PROPERTY OWNER IF OTHER THAN APPLICANT.
4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICANT.
5. TWENTY-TWO (22)COPIES OF ALL SUBMITTALS.
6. APPLICATION FEE OF FIVE HUNDRED DOLLARS ($500.00). (ALSO APPROPRIATE
COMMUNITY APPEARANCE BOARD AND SITE PLAN REVIEW FEES)
APPLICANT'S SIGNATURE: 6>i ,,) 0 r� 7/17/98
DATE
J
b .
\ • Van &0c4. conitruciion Neompanu
150 N. U.S. HIGHWAY ONE, SUITE 5
TEQUESTA, FLORIDA 33469
TEL.: (561) 743-6760
FAX: (561) 575-4654
July 13, 1998 RECEIVED
J U L 14 1998
CAPTEC
ENGINEERING, INC.
Mr. Scott Ladd
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Re: Clare Bridge/Crossings of Tequesta
Site Plan Approval
Letter of Authorization
Dear Mr. Ladd:
This letter authorizes the Sterling House Corporation and it's agent, Mr. Joseph W. Capra, P. E.,
(CAPTEC Engineering,Inc.)to apply for any and all Site Plan and Community Appearance Board
approvals relating to the project known as the Clare Bridge/Crossings of Tequesta(legal description
attached).
Should you have any questions,please contact me.
Very truly yours,
1\%• Gary n Brock, President .
Agent for Beneficiaries .
GVB/mmm
- An Assisted Living Residence
•
arlDLIING
HOUSE
"Setting the Standards",.
July 14, 1998
•
Mr: Scott Ladd •
Village of Tequesta
357 Tequesta Drive .
_ Tequesta, FL 33469
- RE: Clare Bridge/ Crossings,of Tequesta
Special Exception Approval
Letter of Authorization
Dear Mr. Ladd:
The Sterling House Corporation hereby authorizes Mr, Joseph.W. Capra, P:E.;
• (CAPTECEngineering, Inc.) to apply for any and all Community Appearance
Board approvals relating to the project known as the Clare Bridge/Crossings of
Tequesta"(legal'description attached).
Should you have any questions, please contact me: •
- Sincerely,
: .
R. Gail Knott
Vice President
453 S.WEBB ROAD,SUITE 500 • WICHITA,KANSAS 67207 • (316)684-8300 • FAX(316)681-1517
Quality Providers of Residential Assisted Living
•
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP
40 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 30;THENCE N 89°58'00"W, ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER,A
DISTANCE OF 393.86 FEET TO THE POINT OF BEGINNING;THENCE S 17°1T07"E,A
DISTANCE OF 335.99 FEET;THENCE N 72°42'53" E,A DISTANCE OF 120.00 FEET;THENCE
S 17°1 T07" E,A DISTANCE OF 370.00 FEET TO THE INTERSECTION WITH A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 725.00 FEET AND WHOSE RADIUS
POINT BEARS S 25°0T29" E;THENCE WESTERLY ALONG SAID CURVE, BEING THE
NORTH RIGHT-OF-WAY LINE OF VILLAGE BOULEVARD,THROUGH A CENTRAL ANGLE OF
6°06'58", A DISTANCE OF 77.39 FEET TO THE POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 625.00 FEET;THENCE
WESTERLY,ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°54'56",A
DISTANCE OF 260.88 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 725.00 FEET;THENCE
WESTERLY,ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 15°22'20", A
DISTANCE OF 194.52 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF OLD DIXIE
HIGHWAY AS DESCRIBED IN O.R.B. 6485, PAGE 1729, PALM BEACH COUNTY, FLORIDA,
PUBLIC RECORDS;THENCE N 22°41'51"W,ALONG SAID EASTERLY RIGHT-OF-WAY WAY
LINE,A DISTANCE OF 456.37 FEET TO THE POINT OF CURVATURE OF A CURVE
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 7679.44 FEET;THENCE
NORTHERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 3°11'35",A
DISTANCE OF 427.98 FEET TO THE INTERSECTION WITH SAID SOUTH LINE OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER;THENCE S 89°58'00"E,ALONG
SAID SOUTH LINE, A DISTANCE OF 527.76 FEET TO THE POINT OF BEGINNING.
CONTAINING 406555 SQUARE FEET OR 9.333 ACRES.
r
Sec.N TEQUESTA CODE Sec.IV
the office of the clerk of the circuit court, in and for the
County of Palm Beach.
(7) Addition (to an existing building). Any walled and roofed
expansion to the perimeter of a building in which the
addition is connected by a common load-bearing wall other
than a fire wall. Any walled and roofed addition which is
connected by a fire wall or is separated by independent
perimeter load-bearing walls is new construction.
(8) Adjacent. That which lies near or close to,not widely sepa-
. rated or necessarily touching.
(9) Adjoining That which is joined or united,actually touching.
1111.1.1110. (10) Adult congregate living.facility(ACLF). An establishment,
institution,building or buildings,residence,private home,
boarding house, home for the elderly,or other place, hav-
ing some or all of the characteristics of homes for the
elderly, or other place, whether operated for profit or not,
which through its operation provides one (1)or more per-
sonal services for four(4)or more persons not related by
blood or marriage to the owner or operator, for a period
exceeding twenty-four(24)hours. Personal services are in
addition to housing and food service and include but are
not limited to: facilities which meet the physical, recrea
tional, emotional, and social life needs of the residents of
said facility, personal assistance with bathing, dressing,
housekeeping, supervision, eating, supervision of self-
administered medication, and assistance in securing health
care from appropriate sources.This term shall also include
extended care facilities.
•
(11) Adult entertainment establishment Any commercial activ-
ity whether conducted intermittently or full-time, which
primarily involves the sale,rental,display,advertisement,
exhibition, entertainment or viewing of persons, books,
magazines, films, photographs or other materials, which
are distinguished or characterized by an emphasis on stress-
ing matter that depicts, displays, describes or relates to
human sex acts, or by an emphasis that accents male or
female genitals, buttocks or female breasts. For the pur-
pose of this definition the word adult shall include any
•
Supp.No.17 1072
Sec. VII TEQUESTA CODE Sec-VII
reational needs of village residents which con-
serve certain environmentally sensitive areas,and
which permit limited recreational uses while con-
serving the environment and natural features of
those areas.
(b) Permitted uses:
1. Golf courses.
2. Neighborhood and community public recreational
facilities.
3. Cultural and civic centers.
4. Conservation areas.
5. Access easements.
6. Other similar recreational uses.
(c) Accessory uses:
1. Any accessory use customarily incidental to a per-
mitted use.;
(d) Special exceptions:
1. Required for all permitted and accessory uses.
(e) Prohibited uses and structures:
1. Any use or structure not specifically or by reason-
able implication permitted herein as a permitted
use, accessory use or permissible by special excep-
•
tion.
(9) MU Mixed-use District. •
(a) [Purpose of district.] The purpose and intent of-the
mixed-use district is to establish a village center which
creates a vital, diverse core for the principles which
utilize mixed-use development concepts and which
permit a combination of usually separated uses within
a unified development district area. Natural features
should be enhanced and environmental conditions care-
fully assessed. Commercial uses are intended to be lim-
ited to specialty small scale retail sales and services,
business services and professional services primarily
Supp.No.24 1138.2
M 1
Sec.VII APPENDIX A—ZONING Sec.VII
designed to serve residential neighborhoods of the vil-
lage. Orientation to and compatibility with neighbor-
hoods to be served are essential. Residential uses are
intended to encourage the accomplishment of a more
complete residential living environment through the
application of imaginative approaches to community
development which establish neighborhood identity and
focus consistent with values of the Village of Tequesta.
It is further the purpose and intent of this area to
provide lands for a range of residential uses from lower
density single-family to higher density residential uses.
Traffic circulation should not only accommodate vehic-
ular traffic, but provide for the efficient movement of
pedestrian and bicycle traffic.
(b) Scope of district.
1. Although mixed-use development produced in com-
pliance with. these provisions and requirements
1 and other regulations as:set forth and detailed in
this zoning ordinance may depart from the strict
application of property development regulations
expressed in this ordinance,such developments are
to be in compliance with the.Village of Tequesta
Comprehensive Development Plan and platted of
record in accordance'with the procedures for ap-
proval of subdivision plats in the.Village of Te-
questa Subdivision Regulations.The mixed-use de-
velopment provisions set forth in this section shall
be utilized in the review of all future development
proposals for the special planning area as identi-
fied in Policy 1.12.1 of the Future Land Use Ele-
ment, as designated on the Future Land Use Map
contained in the Village of Tequesta Comprehen-
sive Development Plan and as identified on the
Village of Tequesta Comprehensive Zoning Map
as District MU.
(c) Conflict with other applicable regulations.
1. Where conflicts exist between these mixed-use dis-
trict special regulations and general zoning, sub-
Supp.No.24 1138.3
Sec. VII TEQUESTA CODE Sec.VII
division and other applicable ordinance provisions,
these special regulations shall apply.
(d) General requirements and special regulations.
1. The following general requirements and special
regulations shall apply to planned mixed-use de-
velopment within the mixed-use district:
a. Location. A planned mixed-use development
is permitted only in the special planning dis-
trict identified by Policy 1.12.1 of the Future
Land Use Element, as designated on the Fu-
ture Land Use Map contained within the Vil-
lage of Tequesta Comprehensive Development
Plan and as identified on the Village of Te-
questa Comprehensive Zoning Map as Dis-
trict MU.
b. Configuration of site. Any tract of land for
which a planned mixed-use development ap-
plication is made shall contain sufficient
width, depth, and frontage on a publicly ded-
icated arterial or major street or appropriate
access thereto to adequately accommodate its
proposed use and design.
c. Unity of title.All land included for purpose of
development within.a planned mixed use de-
velopment shall be under unity of title of the
petitioner for such zoning- designation,
whether that petitioner be an individual,part-
nership or-corporation, or a group of individ-
uals, partnerships or corporations. The peti-
tioner shall present firm evidence of the unity
of title of the entire area within the proposed
planned mixed-use development and shall
• state agreement that, if he proceeds with the proposed development, he will:
(1) Do so in accord with the officially ap-
proved site plan of the development, and
such other conditions or modifications as
may be attached to the approval.
Supp.No.24 1138.4
Sec.VII APPENDIX A—ZONING . Sec.VII
(2) Provide agreements,covenants,contracts,
deed restrictions or sureties acceptable to
the village for completion of the under-
taking in accordance with the approved
site plan as well as for the continuing op-
eration and maintenance of such areas,
functions, and facilities as are not to be
provided, operated or maintained at gen-
eral public expense.
(3) Bind his development successors in title
to any commitments made under (1) and
(2) above.
d. Density. For the purpose of this provision, if
dwelling unith.are to be developed as part of a
proposed development within. the mixed-use
district, the total number of dwelling: units
1 permitted in the mixed-use district shall be
computed on the basis of eighteen(18)dwelling
} units per gross acre for all residential uses
with the exception of ACLF's which shall be
computed on• the basis of twenty-four (24)
dwelling units per gross acre.
e. Building:height. The.'maximum building
j height allowed shall be six(6).stories or eighty-
four (84) feet above average finish grade.
(e) Site plan review. In adherence to Policy 1.12.1 of the
• . Village of Tequesta Comprehensive Development Plan
Future Land Use Element, all,proposed'development
plans for the mixed-use district,shall be•subject to re-
view and approval by the village council.
(f) Urban design principles.
• 1. The following urban design principles shall be con-
sidered as guidelines in alldevelopment proposals
of the mixed-use district.
a. That mixed use promotes economic and social
well-being.
b. The streets serve the needs of the pedestriar
and the automobile.
Supp.No.24 1138.5
Sec. VII TEQUESTA CODE Sec.VII
c. That proposed squares and plazas provide col-
lective identity and a place for social activity
and recreation.
d. That public buildings, facilities, and spaces
are symbols of the community and convey iden-
tity and pride through' their architectural
clarity and civic functions.
e. That carefully placed buildings delineate and
define public spaces and lots and blocks.
f. That streets are designed and act as ameni-
ties to the development and as quality public
space.
(g) Urban design objectives.
1. The following urban design objectives shall be con-
sidered as guidelines in all development proposals
of the mixed-use district. -
a. To bring many of the activities of daily living,
including dwelling, shopping and other activ-
•
. ities, within walking distance.'
b. To reduce the number and length of automo-
bile trips to relieve traffic congestion.
• c. To provide internal vehicular circulation to
relieve traffic impact on arterial.roads.
d. To provide defined:.public,spaces and streets
that allo.w the citizens to observe and watch
over the-collective security.
e. To provide sites for civic buildings. -
f.. To provide.flexibility for the development
strategies that evolve over time.
(h) Permitted uses.
1. ' Single-family dwellings.
- 2. Two-family dwellings.
3. Multiple-family dwellings..
4. Small-scale retail sales and service.* •
5. Business services.* -
6. Professional services.*
7. Personal services.*
Supp.No.24 1138.6 •
Sec.VII APPENDIX A—ZONING - Sec. VII
8. Recreation/open. space.
*Maximum three thousand five hundred(3,500)
square feet gross leasable area allowed for each
tenant area or individually owned unit.
(i) Special exception uses.
1. Restaurants (including carry-out).
_ 2. Public buildings and facilities.
3. Church/house of worship. .
4. Civic/cultural institutional.
5. Private schools/schools of instruction.
6. Bed and breakfast.
7. Hotel.
8. Adult congregate living facility (ACLF).
9. Gasoline service station (only fronting on U.S.
Highway One).
10. Private clubs.
11. Railway station.
12. Planned residential development (PRD).
13. Planned commercial development (PCD).
14. Permitted uses numbers 4, 5, 6,. 7 and 8 in
excess of three thousand five hundred (3,500)
square feet(large scale retail sales and service)
which are in conformity with the intent and
integrity of the district. .
• 15. Restaurants, fast food, subject to the following
conditions:
a.. •Each drive-up window stacking lane must
be clearly designed and marked so as not
to conflict or interfere with other vehicle
or pedestrian traffic utilizing the site.
b. .A by-pass traffic lane shall be provided if
a one-way traffic flow pattern is utilized
in the parking lot design.
c. All restaurants, fast food, shall be re-
stricted to U.S. Highway One frontage.
Supp. No. 26 1138.7 •
Sec.VII TEQUESTA CODE Sec. VII
d. A minimum fifteen (15) foot landscape
buffer shall be provided at all public road
rights-of-way, in addition to the require-
ments set forth in Section X(H)Landscap-
ing: General requirements.
(j) Accessory uses.
1. Any accessory use customarily incidental to a
permitted use.
2. Private garages, swimming pools, spas and hot
tubs, cabanas and saunas, greenhouses,tennis
courts, clubhouses, utility buildings, gazebos,
and any other similar use deemed appropriate
by the building official. .
(k) Planned mixed-use development (PMUD).
1. Required for all permitted, special exception,
and accessory uses within the mixed-use dis-
trict except lots or parcels of less than three(3)
acres.
(1) Prohibited uses.
1. Wholesale.
2. Warehouses.
3. Car-wash (that is not an accessory use).
4.. Motel.
5. Motor vehicle dealer.
6. Pawn shop
7. Full-service fuel station/gasoline service .sta-
tion.
8. Flea markets, indoor or outdoor.
9. Automobile repair facilities, including garages
and body shops.
10. Kennels or .pet hospitals with boarding facili-
ties.
11. Any other use or structure not specifically or by
. reasonable implication permitted herein as a
permitted use, special exception
ion use or acces-
sory .
use.
Supp. No. 26 1138.8
Sec.VII APPENDIX A—ZONING Sec.VII
(m) Property development standards. Property develop-
ment standards for the mixed-use district shall be as
set forth below. However, as part of the review.and
- approval process by the village, the village council
. may modify the property development standards, at
•
its discretion, provided the spirit and intent of the
regulations and standards are complied with in the
development of the mixed-use district.
1. Parking requirements. On-street and off-street
parking shall be allowed within the mixed-use
district. The minimum number of required -
parking spaces to be provided shall be deter-
- mined from Section VIII(H), off-street parking
space requirements, and may include a combi-
nation of on-street and off-street spaces. When
•
using on-street parking to meet a portion of the
required parking for a proposed project, only
•
) • those spaces that lie within the street frontage
areas of the property may be included in the
total calculations for meeting the minimum
required parking requirements.
2. Streets/rights-of-way. The minimum width of
rights-of-ways within the MU district are as
follows:
a. Major street (collector) 50 feet •
b. Minor street (collector): •
Two-way-street 50 feet
One-way street 42 feet
•
3. ' Drainage (streets/rights-of-way). Raised curb
and gutter drainage systems shall be the pre-
ferred method utilized within the MU district.
Alternate drainage systems shall be approved
at the discretion of the village council during
the site .plan review process for a proposed
planned mixed-use development (PMUD).
•
Supp.No. 26 1138.9
Sec.VII TEQUESTA CODE Sec.VII
4. Schedule of site regulations.
a. Minimum lot size: 3200 square
• feet
b. Minimum lot width: 40 feet
c. Maximum lot coverage:
Residential 62%
Commercial
For a single mini- 60%
mum sized lot
For two or more lots 70%
or parcels in excess
of the min. imum
sized lot under unity
• of title
• d. Minimum front yard set-
• back:
Residential 10 feet
Commercial 0 feet
e. Minimum side yard set-
back:
• Residential
On one side 0 feet
On remaining side 7 feet
• Commercial
On both sides where 0 feet
commercial abuts
commercial
• Where commercial 7 feet
• abuts residential
•
•
f. - Mini rear yard set- •
• back:
Residential 10 feet
Commercial
• Where commercial 0 feet
abuts commercial
Where commercial 10 feet
abuts residential
g. Minimum living area re- Not applica-
quirements: ble
Supp. No. 26 1138.10
•
Sec.VII APPENDIX A—ZONING Sec.VII
• h. Minimum landscaped/
open space:
- Residential 25%
Commercial 25%
5. Landscaping requirements: Off-street parking -
facilities and all properties within the MU
District shall be landscaped in accordance with
Section X (H), Landscaping: General Require-
ments.
6. Signage requirements. All wall, free-standing,
monument, ceiling-mounted walkway, project
identification,composite,changeable letter and
similar signs and/or signage shall be in keeping
with the purpose and intent of the Mixed-Use
District and shall be subject to review and
approval by the Village of Thquesta. Subsec-
tions (A), Intent; (C), Permits Required; (D),
Application and Permit Requirements; (E), Is-
suance of Permit; (F), Permit Fees; (G), Paint-
ing Requirements; and(H),Wind Pressure and
Dead Load Requirements, as set forth in Sec-
tion XII, Sign Regulations, of the Zoning Ordi-
nance shall apply within the MU, Mixed-Use
District.
- (Ord. No. 370; § 4, 8-11-88; Ord. No. 375, § 1, 10-13-88; Ord. No.
379, §§ 2, 3, 12-13-88; Ord. No. 390, § 1, 9-14-89; Ord. No. 415, §
2, 10-25-90; Ord. No. 417, § 1, 1-24-91; Ord. No. 453, §§ 1-.4,
5-27-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4,
2-10-94; Ord. No. 479, §§ 2-4, 11-10-94; Ord. No. 499, §§ 1-4,
9-28-95; Ord.No. 510, § 2, 1-11-96;Ord.No. 516, §§ 1-3, 6-27-96)
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Supp.No. 26 1138.10.1
(J) Special Exception Usea See.X APPENDIX A—ZONING Sec.X
(1) Statement of Purpose. The development and execution of a
zoning ordinance is based upon the division of the village into ""- stantially uniform. It is recognized, however, that there are cer-
districts, within which the use of land and structures and the tain uses and features which because of their unique characteris-
bulk and location of Structures in relation to the land are sub- tics,,cannot be distinctly classified or regulated in a particular
district or districts, without consideration in each case, of the
stantially uniform. It is recognized,however,that there are ear- impact of such uses and features upon neighboring uses and the
lain uses and features which because of their unique characteris- surrounding area, compared with the public need for them at
tics, cannot be distinctly classified or regulated in a'particular particular locations.Such uses and features are therefore treated
district or districts, without consideration in each case, of the as special exceptions. A special exception.is not the automatic
impact of such uses and features upon neighboring uses and the right of any applicant.
surrounding area, compared with the public need for them at (2) Criteria.Special exception uses and their related accessory
particular locations.Such uses and features are therefore treated uses or any expansion, enlargement, or modification of an exist-
as special exceptions. A special exception.is not the automatic • ing special exception use shall be permitted only upon authorize-
right of any applicant. tion of the village,council provided that such uses shall be found
(2) Criteria.Special exception uses and their related accessory by the village council to comply with the following requirements
uses or any expansion,enlargement,or modification of an exist- and other applicable requirements as set forth in this ordinance.
ing special exception use shall be permitted only upon authorize- (a) That the proposed use is a permitted special exception use.
Lion•of the village.council provided that such uses shall be found
by the village council to comply with the following requirements .(b)• That the use is so designed, located and proposed to be
and other applicable requirements as set forth in this ordinance. • ,. operated so that the public health, safety, welfare and
. . morals will be protected.
(a) That the proposed use is a permitted special exception use.
(b). That the use is so designed, located and proposed to be (c) That the use will not cause substantial injury to the value
of other property in the neighborhood where it is to be
. . . operated so that the public health, safety, welfare and located.
morals will be protected.
(d) That the use will be compatible with adjoining develop.
(c) •That the use will not cause substantial injury to the value • ment and the proposed character of the district where it is•
of other property in the neighborhood where it is to be to be located.
located.
That the use will be compatible with adjoining develop. (e) That adequate landscaping and screening is provided as
(d)
mpa djo required herein.
ment and,the proposed character of the district where it is
to be located. • (f) That adequate off-street parking and loading is provided
landscaping and screeningisprovided aA and ingress and egress is so designed as to cause minimum
(e) That adequate
interference with traffic on abutting streets.
required herein.
(f) That adequate off-street parking and loading is provided (g) That the use conforms with all applicable regulations gov-
erning the district where located,except as may otherwise
and ingress and egress is so designed as to cause minimum be determined for planned developments.
interference with traffic on abutting streets.
(g) That the use conforms with all applicable regulations gpv- (3) Findings. Before any special exception is granted, the vil-
erning the district where located,except as may otherwise lage council shall apply the standards set forth herein and shall
be determined for planned developments.
Supp.No.21 1178.9
(3) Findings. Before any special exception is granted, the vil. •
lage council shall apply the standards set forth herein and shall
pupp.No.21, 1178.9
Sec.X TEQUESTA CODE Sec.X • Sec.X APPENDIX A—ZONING Sec.X
determine that satisfactory provision and arrangement of the - - .(f) Utilities, with reference to location, availability and
following factors have been met by the petitioner,where applicable. compatibility;
(a) Compliance with all elements of the Village of Tequesta (g) Screening and buffering with reference to type, dimensions
Comprehensive Plan; and character;
(b) Ingress and egress to property and proposed structures• (h) Signs and proposed exterior lighting with reference to glare,
thereon with particular reference to automotive and pa- traffic safety, economic effect and compatibility and har-
destrian safety and convenience, traffic flow and control.• mony with properties in the district; • .
and access in case of fire or catastrophe; • •(i) Required yards and other open space;
(c) Off-street parking and loading area where required with
• particular attention to the items in(b)above; .G)' General compatibility with adjacent properties and other
property in the district;
(d) Refuse and service areas with particular reference to items (k) Whether the change suggested is out of scale with the
(b)and(c)above; needs of the neighborhood or the village;
(e) Nuisance factors detrimental to adjacent and nearby prop- (1) Any special requirements set out in the Schedule of Site
erties and the village as a whole. Nuisance factors shall Regulations for the particular use involved. . •
include but not necessarily be limited to noise,odor,smoke,
glare,electrical interference and/or mechanical vibrations; (4) Conditions and safeguards. In addition to the standards
listed above and specific conditions listed for each particular
special exception listed within any particular zoning district, the
village,council may impose other such conditions and safeguards
as it deems appropriate in conformity with these zoning regula-
tions for the protection of the surrounding properties and the
neighborhood or general welfare of the public.
•
(5) Denial. Should the village council deny a special exception,
• it•shall state fully for the record the reasons for doing so. Such
reasons shall take into account the factors under subsection (3)
above and all other conditions and particular regulations relat-
ing to the specific special exception requested.
(6) Limitations on the filing of a special exception.
'(a) Whenever village council has denied an application for a
special exception,the village shall not thereafter consider
any further application for special exception on any part of
or all of the same property for a period of twelve (12)
months from the date of such action.
(b) The time limits of subsection (a) above may be waived by
three (3) affirmative votes of village council when such
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Supp.No.21 Supp.No.17
1178.10 1179
•
Sec.X TEQUESTA CODE Sec.X
Sec.X APPENDIX A—ZONING Sec.X
action is deemed necessary to prevent injustice or to facili-
tate the proper development of the village. 1. Scale, date, north arrow, vicinity sketch, title of the
(7) Time limits for special exceptions.A special exception shall project and otal n acreage.
2. The boundaries anddo d s dimensions of the property and its
commence within twelve (12) months from the date of grant of relationship to the surrounding road system including
the special exception unless extended by action of village council. • the width of the existing travelway(pavement).
(a) Commencement of a special exception occurs upon the fil- 3. The location and dimension of existing man-made fea-
ing of an application for a building permit, preliminary tures such as existing roads and structures with indi-
plat or site plan,or upon the initiation of significant action cation as to which are to be removed, renovated or
to satisfy requirements for improvements contained in a altered.
development order or other regulatory documents relating 4. The location of existing easements,water coursesi rec-
to said special exception. j tion lines, water and sewer lines, well and septic tank
(b) Only one (1) extension shall be permitted and shall not location, and other existing important physical fee-
tures in and adjoining the project.
5. The location and delineation of existing trees and in-
(c) Special exceptions granted to any governmental unit shall formation as to which trees will be removed.
be exempt from the provisions of this subsection(7),unless 6. Identification of surrounding land use, zoning and ex-
a time limitation is made a specific condition of the special isting buildings within one hundred (100) feet of the
exception. petitioned site, as well as the zoning of the petitioned
site.
(8) Special exception application process. 7. A layout of the proposed lots and/or building sites
(a) A written petition for special exception shall be submitted including the following site data:
by noon on the 15th of the month or previous regular a. Finished floor elevation;
business day indicating the section of these zoning regula- b. Common open area;
tions under which the special exception is sought and stet- c. Generalized landscaping and buffer areas;
ing the grounds on which it is requested, with particular d. Internal circulation patterns including off-street
reference to the written findings in subsection (3) above parking and loading facilities;
and other specific condition(s) if applicable which the vil- e. Total project density;
lage council shall address. The petition shall include all i f. Percentage of building coverage;
material necessary to meet the requirements of the devel- g. Percentage of impervious surface coverage;
opment concept plan listed below and any additional in- h. Percentage of open space areas;
•
formation that will demonstrate that the grant of special i. The shape,size,location and height of all structures.
•
exception will be in harmony with general intent and pur- 8. A traffic impact analysis as may be required by the
pose of these zoning regulations. village or its designated engineer including the following.
a. Future right-of-way dedications;
(b) A petitioner seeking special exception approval shall sub- b. Intersection improvements;
mit a development concept plan on one (1)or more sheets ! c. Traffic control devices;
of paper measuring not more than twenty-four by thirty- i d. Traffic generation analysis;
six (24x36) inches and drawn to a scale not smaller than e. Distribution and assignment of traffic;
one hundred (100)feet to the inch. The following shall be I f. Additional roadway needs.
provided on the development concept plan.
8upp.No.17 1180 .
!Supp.No.17
`, ! 1181
1V, .
Sec.X APPENDIX A—ZONING Sec.X'
Sec.X TEQUESTA CODE Sec.X
standing any other provision herein contained, failure to
9. The proposed phasing of construction for the project if provide written notice to any adjacent property owners
applicable. shall not constitute a jurisdictional defect provided that
10. Commercial,office and uses other than residential shall proper legal notice has been published.
• provide the estimated square footage of the structure(s),
the number of employees, estimated seating, and the (9) Filing fee. Upon filing an application for special exception,
estimated of the facility,such as mem• the applicant shall pay a fee to the village at the time of filing of
berg, std number and ofp usersents. such application.Said fee shall be in an amount as established in
11. Proposed hours of operation for commercial uses. • Chapter 16 of the Village of Tequesta Code of Ordinances, shall
not be reimbursable and is intended to defray costs of administer-
12. A drainage statement or drainage plan as may be ing, processing, and reviewing the application.
required by the village or its designated engineer.
13. Size, location and orientation of signs.
14. Proposed lighting of the premises.
15. Ten (10) aerial maps at a minimum scale of one (1)
inch equals three hundred(300)feet, showing the site
in question with paved boundaries superimposed.
16. A legal description of the land proposed for development.
(c) The application shall be reviewed by the land development
staff within thirty (30) days of the submission deadline.
Upon land development staff review and analysis of all
submitted materials, the building official shall forward a •
recommendation to the village council.
(d) A public hearing shall be held by the village council. The
property owner may.appear personally or by agent or attorney.
(e) Notice of public hearing shall be advertised fifteen(15)and
five(5)days in advance of the public hearing in a newspa-
per of general circulation in the area. The owner of the
property for which special exception is sought or his agent
or attorney designated by him on the submitted petition
shall be notified by mail. Notice shall be given by mail to
all owners of property within a three hundred (300) foot
radius of the boundary lines of the property for which a
special exception is requested. The list of property owners
within the stated radius shall be provided by the applicant
from the most recent tax roll information as provided by
the Palm Beach County Appraiser's Office. The applicant
must furnish an affidavit signed by the person responsible
for providing the aforementioned list. Notice of the public
hearing shall be prominently posted on the property by the
applicant for which a special exception is sought.Notwith-
Supp.No.17 1182
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