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HomeMy WebLinkAboutDocumentation_Workshop_Tab 3_12/20/1995 DRAFT SUBJECT TO MODIFICATIONS SPECIAL VILLAGE COUNCIL MEETING AGENDA THURSDAY, DECEMBER 28, 1995 5:30 P.M. WELCOME: For information regarding procedures for public participation at Village Council Meetings, please refer to the end of this Agenda. I . CALL TO ORDER AND ROLL CALL II . APPROVAL OF AGENDA III . SPECIAL EXCEPTION USE PUBLIC HEARING FOR EXTENDED CARE FACILITY (STERLING HOUSE; SDR DEVELOPMENT, INC. , ATLANTIC BEACH, FLORIDA) , 205 VILLAGE BOULEVARD. JOSEPH W. CAPRA, P.E. , CREECH ENGINEERS, INC. , AGENT FOR SDR DEVELOPMENT, INC. , OWNER. IV. SITE PLAN REVIEW FOR PROPOSED SDR-STERLING HOUSE, 205 VILLAGE BOULEVARD, AN EXTENDED CARE FACILITY. JOSEPH W. CAPRA, P.E. , CREECH ENGINEERS, INC. , AGENT FOR SDR DEVELOPMENT, INC. , OWNER. V. COMMUNITY APPEARANCE BOARD REVIEW OF AN APPLICATION FROM SDR DEVELOPMENT, JOSEPH W. CAPRA, P.E. , CREECH ENGINEERS, INC. , AGENT FOR THE CONSTRUCTION OF A 42-UNIT EXTENDED CARE FACILITY, 205 VILLAGE BOULEVARD. VI . VILLAGE COUNCIL CONSIDERATION OF ORDINANCE - FINAL READING - AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES "WATER" AT SECTION 18-3, SUB-PARAGRAPH (a) , SO AS TO AMEND THE MINIMUM MONTHLY SERVICE CHARGE OF RESIDENTIAL AND NON-RESIDENTIAL CUSTOMERS SO AS TO INCORPORATE INCREASES NECESSITATED AS A RESULT OF THE TOWN OF JUPITER'S INCREASE IN WATER RATES TO THE VILLAGE OF TEQUESTA; PROVIDING THAT A SEPARATE ACCOUNTING BY MADE OF FUNDS REALIZED FROM SUCH INCREASE; PROVIDING THAT MONIES REALIZED AS A RESULT OF THIS INCREASE BE REFUNDED TO THE CUSTOMER FROM WHOM THEY WERE RECEIVED IN THE EVENT TEQUESTA IS SUCCESSFUL IN ITS CHALLENGE OF OVERTURNING THE INCREASES IMPOSED BY THE TOWN OF JUPITER; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. (Staff Recommends Approval) Special Village Council Meeting Agenda December 28, 1995 Page 2- VII . ANY OTHER MATTERS VIII . COMMUNICATIONS FROM CITIZENS • (Non-Agenda Items for public comments are limited to three (3) minutes, please. Anyone wishing to speak is asked to complete a card with the Recording Secretary and, when called, go to the podium and state his/her name for the record prior to addressing the Village Council . ) IX. ADJOURNMENT PLEASE TARE NOTICE AND BE ADVISED: "If any person decides to appeal any decision made by this Council with respect to any matter considered at this Meeting, he/she will need a record of the proceedings, and that, for such purpose, he/she may need to insure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. " PROCEDURES FOR PUBLIC PARTICIPATION The public is encouraged to offer comments to the Village Council at their meetings during Public Hearings,Communications from Citizens and on any other agenda item. Please complete a"Comments By The Public"card and give it to the Recording Secretary. When your name is called,please step up to the podium and state, for the record,your name and address. PUBLIC HEARINGS: Any citizen is entitled to be heard on an official agenda item under the section entitled"Public Hearings". COMMUNICATIONS FROM CTPIZFNS: Any citizen is entitled to be heard concerning any matter under the section entitled"Communications From Citizens". OTHER AGENDA ITEMS: Any citizen is entitled to be heard on any official agenda item when the Village Council calls for public comments. Village Council Meetings are public business meetings,and as such,the Village Council retains the right to limit discussion on any issue. NOTE: Disabled persons who need an accommodation in order to participate in this Village Council Meeting are requested to contact the Village Manager's Office at 575-6200 at least three (3) working days before this Meeting. Hearing impaired persons please note that wireless Hearing Assistance System Receivers are available by requesting the same from the Recording Secretary. SCHEDULE OF MEETINGS* Village Council Meeting; January 11, 1996; 7 :00 P.M. ; Village Hall * All times subject to change /krb "SPECIAL EXCEPTION PUBLIC HEARING CRITERIA" Sec.X APPENDIX A—ZONING Sec.X • _ stantially uniform. It is recognized, however, that there are cer- tain uses and features which because of their unique characteris- tics, cannot be distinctly classified or regulated in a particular district or districts, without consideration in each case, of the impact of such uses and features upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are therefore treated as special exceptions. A special exception.is not the automatic right of any applicant. (2) Criteria. Special exception uses and their related accessory uses or any expansion, enlargement, or modification of an exist- ing special exception use shall be permitted only upon authoriza- tion of the village.council provided that such uses shall be found by the village council to comply with the following requirements and other applicable requirements as set forth in this ordinance. (a) That the proposed use is a permitted special exception use. (b) . That the use is so designed, located and proposed to be . . , operated so that the public health, safety, welfare and . morals will be protected. (c) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. (d) That the use will be compatible with adjoining develop• ment and the proposed character of the district where it is to be located. (e) That adequate landscaping and screening is provided as required herein. . (f) That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. (g) That the use conforms with all applicable regulations gov- erning the district where located,except as may otherwise be determined for planned developments. (3) Findings. Before any special exception is granted, the vil- lage council shall apply the standards set forth herein and shall • Supp.No.21 1178.9 • Sec.X TEQUESTA CODE Sec.X C , determine that satisfactory provision and arrangement of the following factors have been met by the petitioner,where applicable. '' "t� 1 . y .k t •' ` -,`;.ti (a) Compliance with all elements of the Village of Tequesta t,• i, P 8 ` • j Comprehensive Plan; `k' (b) Ingress and egress to property and proposed structures' 'Y �: • r- • 1. .,-. thereon, with particular reference to automotive and pe- '";r, a* •{,�` .,y. ...t'f'►' r+!•t," `'',•+a' destrian safetyand convenience, traffic flow and control, ..;t-c ,� .;F,0� ''''": of =O; fir t and access in case of fire or catastrophe; k _ „ ' t • ., . t ; (c) Off-street parking and loading area where required with c', '�t,'7 ef ,�, , 4•;` r' t11 particular attention to the items in(b)above; y`r , SY ,. (d) Refuse and service areas with particular reference to items .';4`""I (b)and(c)above; i^ 7 ° ;, (e) Nuisance factors detrimental to adjacent and nearby prop- .,•• c• `s':' �, erties and the village as a whole. Nuisance factors shall : ;`, • ,- .;� include but not necessarily be limited to noise,odor,smoke, ..=r; • glare,electrical interference and/or mechanical vibrations; Supp.Na 21 1178.10 Sec.X APPENDIX A—ZONING Sec.X (f) Utilities, with reference to location, availability and compatibility; (g) Screening and buffering with reference to type, dimensions • and character; (h) Signs and proposed exterior lighting with reference to glare, ' traffic safety, economic effect and compatibility and har- mony with properties in the district; (i) ' Required yards and other open space; (j) General compatibility with adjacent properties and other property in the district; (k) Whether the change suggested is out of scale with the needs of the neighborhood or the village; (1) Any special requirements set out in the Schedule of Site Regulations for the particular use involved. (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 Supp.No.17 r 1179 "SITE PLAN REVIEW PROCEDURES" Sec. X APPENDIX A—ZONING Sec. X (5) Any person violating the provisions of this subsection shall, upon conviction,be fined a fee of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for each violation and for each day such violation continues. (M) Site Plan; Prerequisite to Building Permit Issuance. (1) Site plan review. By the terms of this ordinance, all per- mitted uses in all zoning districts,except R-1A and R-1;all special exception uses as approved by the village council; all planned residential development(PRD),planned commercial development (PCD), planned mixed-use development (PMUD); all miscella- neous development and redevelopment; all subdivisions; and, all uses or construction lying partially or entirely in special flood hazard areas shall: (a) Require site plan review; (b) Require conceptual review of the overall development, if phased; (c) Conform to all minimum requirements of this ordinance and any other applicable laws and regulations; (d) Be compatible with the intent of the zone district wherein it is proposed to be located and compatible with adjacent land uses. (e) No building permit shall be issued for the purpose of erect- ing any structure or building, or for structural alterations in any existing structure or building until after the village council shall approve the site plan in accordance with this subsection. (f) Required public facilities and services. No building per- mits or development orders shall be issued unless public facilities and services, which meet or exceed the adopted level-of-service standards are available concurrent with the development impacts.. Compliance with this requirement may be accomplished through one or more or a combina- tion of the following processes: 1. Install all required public facilities/infrastructure/ser- vices prior to or concurrent with the development im- pacts- Supp.Na u 1187 Sec.X TEQUESTA CODE Sec. X 2. Phasing of all required public facilities/infrastructure/ services: a. By local government (capital improvements ele- • ment); b. By the developer (development agreements). 3. Phasing of the development. (g) Coordinate all proposed development and or redevelop- ment with and/or obtain approvals and/or permits from the following agencies: 1. Palm Beach County Health Department 2. Palm Beach County Fire/Rescue (Fire Marshal) 3. Loxahatchee River Environmental Control District (ENCON) 4. Department of Environmental Resources Management (DERM) 5. South Florida Water Management District(SFWMD) 6. Florida Department of Transportation(FDOT) 7. West Palm Beach Urban Area Transportation Study (WPBUATS) 8. Metropolitan Planning Organization of Palm Beach County(MPO) 9. Palm Beach County Traffic Engineering Division 10. Martin County Metropolitan Planning Organization 11. Martin County Traffic Engineering Department 12. Florida Power & Light Company 13. Southern Bell Telephone Company 14. Solid Waste Purveyor 15. Tequesta Water Department 16. Other municipal,county,state and/or federal agencies as may be applicable. Evidence of final acceptance by the above listed agencies of the development or redevelopment project must be sub- mitted to the Village of Tequesta prior to the issuance of certificates of occupancy or of final acceptance by the vil- lage. Supp.No.24 1188 Sec.X APPENDIX A—ZONING Sec.X (h) All new development and/or redevelopment must provide the necessary infrastructure to meet the following level-of- service standards. Each application submitted pursuant to this subsection shall be required to provide a certification from a licensed engineer in the State of Florida that the • proposed development and/or redevelopment meets or ex- ceeds the level-of-service standards for the listed infrastruc- ture as follows: 1. Traffic: (LOS) (LOS) Roadway Type Standard Peak Collector C D Urban minor arterials C D Principal arterials C D 2. Sanitary sewer: Maximum Monthly Maximum Category Daily Flow (MMDF)Daily Flow (MSF) Residential 73.1 gallons/ 78.8 gallons/ capita/day capita/day Nonresidential 431 gallons/ 464.9 gallons/ acre/day acre/day 3. Drainage: Public drainage facilities level of service standard of a three-year frequency, twenty-four-hour duration storm event is hereby adopted, and shall be used as the basis of estimating the availability of ca- pacity and demand generated by a proposed develop- ment project.As a general drainage requirement,each proposed project and/or site must maintain ninety-five (95)percent of all storm water runoff on site. 4. Potable water: The following potable water level of service standards are hereby adopted and shall be used as the basis for estimating the availability of facility capacity and demand generated by a proposed devel- opment project: Supp.No.21 1188.1 v • Sec.X TEQUESTA CODE Sec.X Average Day Water Consumption Rate Residential 236 gallons/capita/day Nonresidential None.Established/LOS Stan- dard shall be established by 1991. Maximum Day Water Consumption Residential 354 gallons/capita/day Nonresidential None.Established/LOS Stan- dard shall be established by 1991. 5. Recreation: Level-of-Service Standards Table Classification Standard Area/Activity (unit/population) Neighborhood parks 2 acres/1,000 Community parks 2 acres/1,000 Beaches 1 mile/31,250 Golf courses 9 holes/30,000 Tennis 1 court/2,500 Basketball 1 court/2,500 Baseball/softball 1 field/7,200 Football/soccer 1 field/4,800 Playground areas 1 acre/3,600 Beach access easements 1 per 1/2 mile of developed or redeveloped beach frontage (i) Meet the requirements of the "Year 2000 Cost Feasible Transportation Plan" (WPBUATS). (j) Project for the reservation and preservation of existing and future rights-of-way as may be determined by the Village of Tequesta and in conformance with the Palm Beach County and Village of Tequesta Right-Of-Way Protection Plan. (k) Require site plans which incorporate innovative urban,ar- chitectural,and/or engineering design of impervious areas Supp.No.21 1188.2 Sec.X APPENDIX A—ZONING Sec.X (e.g. parking lots) to maximize the retention of rainfall to these areas which will increase the recharge of ground water while reducing storm water runoff. (1) Require all new developments to limit post-development surface water runoff rates and volumes to predevelopment conditions. (m) All proposed new development and major redevelopment within the coastal building zone of the Village of Tequesta must provide for the dedication of public access easements, meeting the adopted level-of-service standards. (n) All proposed new development and major redevelopment as part of the site plan review and subdivision review pro- cess shall submit a drainage/environmental statement de- scribing how the proposed development will affect the es- tuarine water quality of the class III waters of the Village of Tequesta,and also an environmental impact assessment study prepared by a qualified ecologist or other profes- sional qualified to do such an assessment. The study shall meet the requirements of the "Environmentally sensitive lands" ordinance of the village. (o) New development and redevelopment shall not be per- mitted within the coastal high hazard area of the village as defined in the zoning code at section XV (J)(1), and there shall be no expenditure of public funds for infrastructure and/or facilities within the coastal high hazard area. (p) Require notification of neighboring jurisdictions of any ex- ternal impacts that a proposed project might have within those jurisdictions and assess and mitigate those impacts. (q) Determination of needed public facility improvements shall be made during the site plan and/or subdivision review process and prior to the issuance of a development order and building permit. (r) Storm water management facilities including curbs, gut- ters,piping, culverts, ditches, etc. shall be provided based on engineering calculations and design standards to en- sure that all drainage improvements are in conformance with the.village "Storm water management" ordinance. Supp.No.21 1188.8 Sec.X TEQUESTA CODE Sec.X (2) Pre-application meeting. A pre-application meeting called by the building official between appropriate village officials, the land owner or representative, and other entity representatives deemed appropriate, shall be required, prior to application sub- mittal for site plan review to assure proper coordination, inten- tion and understanding in the development of land and buildings and to consider compliance with applicable village regulations. See subsection(M)(1),paragraph(g)preceding for a list of possible pre-application meeting attendees. Applicant is responsible for properly notifying the various affected agencies in the list of the time, place and subject to the pre-application meeting. (3) Application content. Applications for site plan review shall be filed with the building official and shall include those of the following information items that are applicable: (a) Statements of unity of title, warranty deed, or purchase contract of the subject property. (b) Statement describing in detail the character and intended use of the property. (c) General location map,showing relation of the site for which site plan approval is sought to major streets,schools,exist- ing utilities, shopping areas, important physical features in and adjoining the project, and the like. (d) Twelve (12)copies of a site plan containing the title of the project and names of the architect, engineer, project plan- . ner and/or developer, date, and north arrow, and based on an exact survey of the property drawn to a scale of suffi- cient size to show: 1. Boundaries of the project; any existing streets, build- ings, water courses, easements, and section lines; • 2. Exact location, use, height, and bulk of all buildings and structures; 3. A comprehensive traffic study shall be provided by an engineering firm mutually agreed upon by both the village and the applicant. Said study shall include, but not be limited to access and traffic flow and vol- ume, and how vehicular traffic will be separated from pedestrian and other types of traffic. The cost of this study shall be paid by the applicant; Supp.No.21 1188.4 Sec.X APPENDIX A—ZONING Sec.X 4. Off-street parking and off-street loading areas; 5. Recreation facilities locations; 6. All screens and buffers; 7. Refuse collection areas; 8. Access to utilities and points of utilities hookups and location of all fire hydrants close enough for fire protection; 9. Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various uses, ground coverage by structures and im- pervious surface coverage; 10. Tabulations showing the derivation of numbers of off- street parking and off-street loading spaces and total project density in dwelling units per acre, if applicable. (e) If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the devel- opment, statements as to how such common facilities are to be provided and permanently maintained. Such state- ments may take the form of proposed deed restrictions, deeds of trust, surety arrangements,or other legal instru- ments providing adequate guarantee to the village that such common facilities will not become a future liability for the village. (f) Preliminary storm drainage and sanitary sewage plans or statements. (g) Architectural elevations for buildings in the development; exact number of units, sizes and types, together with typi- cal floor plans of each type. (h) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provi- sions for irrigation systems. (i) Plans for signs, if any. (j) Plans for recreation facilities, if any, including buildings and structures for such use. (k) Plans for the extraction of fill and mineral resources and alterations or modifications to the slope, elevation, drain- ! Supp.No.23 1189 Sec.X TEQUESTA CODE Sec.X age pattern, natural vegetation and accessibility of the development. (1) Such additional data,maps,plans or statements as may be required by the village for the particular use or activity involved including impacts on affected community facili- ties and services created by the development. (m) Such additional data as the applicant may believe is perti- nent to the site plan. (n) If development is to occur in phases, those phases should be clearly delineated on the site plan and identified in the plans and requirements appurtenant to that site plan,and each development phase shall be subject to site plan re- view by the village. (o) The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land,buildings and structures including proposed easements or grants for public utilities, if applicable. (p) A statement from the applicant that the submitted site plan is consistent with the goals, objectives, and all other provisions of the village comprehensive development plan and further, that the projected use is specifically author- ized by development ordinances and regulations. Said state- ment to include,but not be limited to,specific references to those sections of the comprehensive plan relating to the pro- posed development. (q) A statement from the applicant or landowner that all per- tinent permits are concurrently being sought from the ap- plicable county, state, and federal agencies. Said permits shall be secured prior to the issuance of a building permit for any development on property included within the site plan. (r) Items listed above in the application content which require the preparation of architectural or engineering drawings shall be prepared and certified by an engineer or architect registered in the State of Florida.Land surveys,site plans and plans and requirements appurtenant to site plans shall . be prepared and certified by a registered surveyor, engi- Supp.No.23 1190 r v ( ORDINANCE NO. 502 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: C " (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 V 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 t-01. requirements, the application and all exhibits and any t-;,i, additional comments of the Building Official and his r : r � development review staff concerning such application Ai� ' shall be submitted by the Building Official to the -'r7?'h Village Council. The BuildingOfficial shall submit such T:� 4 - application for Village Council review within forty-five `y: -; . • (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. (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 Hansen , who moved its adoption. The motion was seconded by Councilmember Schauer , and upon being put to a vote, the vote was as follows: "COMMUNITY APPEARANCE BOARD REVIEW PROCEDURES" § 7-8 TEQUESTA CODE f 7-8 Sec. 7-3. Powers and duties; plans and specifications; criteria. (a) The approval of at least a majority of the board signi- fied by their signature on each set of plans and specifications • required to be submitted with each application for a permit, shall be prerequisite to the issuance of any building permit required to be reviewed by the board. The community appear- ance board may require such changes in said plans and speci- fications as in its judgment may be requisite and appropriate to the maintenance of a high standard of architecture, beauty and harmony as established by the standards adopted herein by the council for the guidance of the board. (b) Every application for a permit to erect a building"off, structure or to materially alter a front or aide elevation of any eisting building or structure in the village, excluding • single family dwellings, shall be accompanied by two (2) sets • of detailed plans and, if the plans submitted do not furnish sufficient information adequately to. show the scope of the planned construction for which a permit has been requested, then there'shall be furnished, in addition to the two (2) seta of detailed plans, one (1) set of detailed specifications for such proposed work; both the plans and specifications shall be prepared by a registered architect or registered engineer, qualified under the laws of the state to prepare such plans and specifications and no permit therefor shall be issued until such plans (and specifications when required) shall have been previously approved by the board as hereinabove provided. No plans or specifications in violation of this chapter or any other ordinance of the village shall be approved. No permit for the construction or addition to any building (excluding single family dwellings) shall be issued until and unless the plans therefor have been approved by the com- munity appearance board as being in accordance with the standards as provided for in subsection (a) of this section.. (c) The community appearance board may approve,approve with conditions, or disapprove the issuance of a building per- mit in any matter subject to its jurisdiction after considers- tion of whether the following criteria are complied.with: 416 4 7-8 COMMUNITY APPEARANCE BOARD I.74 (1) The plan for the proposed structure or project is in conformity with good taste, good design, and in general contributes to the image of the village as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas and high quality. (2) The proposed gtructurs or project is not, in its exterior design and appearance, of inferior quality such as to cause the nature of the local environment or evolving environment to materially depredate in appearance and value. (3) The proposed structure or project is in harmony with the proposed developments in the general area,with the comprehensive plan for the village and with the criteria set forth in the "Supplemental Criteria and Procedural Rules of the Community Appearance Board" listed in this chapter, as may be from time to time amended or revised. Any decision of the board must comply with such supplemental criteria and procedural rules. Such sup- plemental criteria and procedural rules shall be con- sistent with the criteria as herein set forth in this subsection. Such supplemental criteria and procedural rules may be amended from time to time by ordinance regularly adoted upon action initiated by the council; provided that, if the community appearance board shall make a recommendation to the council for changes in such supplemental criteria and procedural rules the council shall consider same and may either adopt such recommendations by ordinance, adopt with modifica- tions,or reject it. (4) The proposed structure is in conformity with the standards of this Code and other applicable ordinances insofar as the location and appearance of the buildings and structures are involved. If the above criteria are met, the application shall be approved. Conditions may be applied when the proposed building or structurefdoes • not comply with the above criteria and shall be such as to bring said st,�r titue.or project into conformity. 417 ti tj v r E 4 Z-,ti _ _•_ .: '.TEQU•ESTA' CODE. . 1 74 • If any 'application is disapproved,.the community ap- pearance board shall detail in its findings the criterion ' • • 'or criteria that are not met. The action taken by the board shall be reduced to writing, signed by the chair- man and a copy thereof made available to the applicant . :..upon request. (OH. No. 208, § 8, 4-24-78): Jee: 7-4. Meetings; records; approval of plans; appeals from ' ' ' •.board,decision: t (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 procedure to be followed shall,be_as prescribed within the rules and regulations to be ScloPted-by- 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. • "r.The manager is authorized and empowered to appoint a sec- • retaryfor the board. A record of the proceedings of the board Shall lie kept, showing its action on each question considered. Such record shall be filed in the office of the secretary of the'community appearance board of the village, and shall be ! open for public inspection. • (b) Failure of the board to take final action within twenty .(20). days of sufficient plans and specifications being filed with the board shall constitute approval of such plans and _ specifications by the board. I (c) Any person aggrieved by a decision of the community appearance board may file a notice of appeal with the council by filing same with the clerk. Such notice of appeal shall i specify the action taken by the board and in what respect to f his application. The council shall sit, in open session as an E appeal-Ward from the community appearance board within twenty (20):days of the notice of•appeal being filed and shall render-an'order within seven (7) days after so sitting, which • order-shall either affirm the action of the community appear- i 418 . 7-4 COMMUNITY APPEARANCE BOARD 1-74 ance board, affirm it with modifications or reverse it. (Ord. • No. 208, 4, 4-24-73) Sec. 7-5. Effect of article and board approval of plans. The requirements of this article are in addition to any other requirement of this Code such as the zoning code and the building code. Approval by the community appearance board of a given set of plans and specifications does not necessarily constitute evidence of applicant's compliance with other re- quirements of this Code. (OH.No.208, § 5,4-24-78) Sec. 7-6. Supplemental criteria and procedural rules of board. (a) General requirements. The general requirements are minimum esthetic standards for all site development,buildings, structures, or alterations within the village except in Districts R1A and Rl. It is required that site development, buildings or alterations with the sole exception of Districts R1A and R1 show proper design concept,express honest design construction and be appropriate to the surroundings. (1) Buildings or structures which are a part of a present or future group o�r om lex shall have a unity of charac- ter and design, a relationship of forms and the use, texture and color of materials shall be such as to create an harmonious whole. When the area involved forms an integral part of,is immediately adjacent to or otherwise clearly affects the future of any established section of • the village, the design, scale, and location on the'ate shall enhance rather than detract from the character, value, and attractiveness of the surroundings. (2) Buildings or Qtruetures located along strips of land or on single sites and not a part of a unified multi-building complex shall strive to achieve visual harmony with the surroundings.If they are butt in undeveloped areas,the three (3) primary requirements shall be met--express honest design construction, show proper design con- . cepts,and be appropriate to the village. ( 419 7-4 TEQUESTA CODE g 7-6 (8) All facades visible to public or adjacent property shall be designed to create an harmonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the building. (4) It is not to be inferred that buildings must look alike or be of the same style to be harmonious. Harmony can be achieved through the proper consideration of scale, proportions, site planning, landscaping, materials and color. (5) Buildings, which are of symbolic design for reasons of advertising and are not compatible to the atmosphere of the village, will not be approved by this board. Symbols, attached to the buildings will not be allowed unless they are secondary in appearance to the building and land- scape and are an aesthetic asset to the project and neighborhood. (6) Exterior lighting may be used to illuminate a building . and its grounds for safety purposes, but in an aesthetic l manner. Lighting is not to be used as a form of adver- tising in a manner that is not compatible to the neigh- borhood or in a manner that it draws considerably more attention to the building grounds at night than in the day. Lighting following the form of the building or part of the building will not be allowed.All fixtures used in exterior lighting are to be selected not only for functional value,but for aesthetic value. (7) Buildings of a style or style type foreign to South Florida and/or its climate, will not be allowed. It is also to be understood that buildings, even though they have a historical significance to South Florida, but do not conform to the existing nor to the evolving atmosphere of the village,will not be approved. (8) Building surfaces, walls and roofs that are considered garish by the board will be denied approval. (9). "Take out" or "pick up" windows of retail or wholesale establishments shall not be located on a building facade 420 § 7-6 COMMUNITY APPEARANCE BOARD 114 that faces a public right-of-way, unless they are de- signed in such a manner as to be an aesthetic asset to the building and neighborhood. (10) All exterior forms, attached or not attached to build- ings, shall be in conformity to and secondary to the building. They shall be an asset, both to the aesthetics of the site,and to the neighborhood. (11) All telephones on private property, vending machines, or any facility dispensing merchandise or a service, shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building. (12) No advertising will be allowed on any exposed amenity/ or facility such as benches and trash containers. (13) The following is added criteria that pertain to, but are not limited to gasoline stations. Symbolic color of the exterior facades or roofs may not be used unless they are harmonious with the atmosphere of the neighbor- hood. Example: Royal blue, which symbolizes a brand of gasoline and other establishments, would not be ac- ceptable in most cases. Exterior display of goods for, sale or those designating a service will not be allowed, except gasoline station's display of goods and tools of a service may be displayed on the pump island, provided that the island is not considered by the board to be enlarged to take advantage of this provision, and pro- vided that the goods and tools be such that they can be used or installed at the island. For example: An oil rack is acceptable, but a tire display is not. Areas used to store materials such as mufflers, tires, packing crates or cases, refuse and garbage shall be screened from adjacent property and from the public view. (b) Exterior space, general.The scale of exterior space is to be relative to its neighborhood, adjacent properties, buildings, access (roads and pedestrian routes) and its activity. Building facades enclosing a space must be harmonious.Where,because of their use or age, like facades are not possible, consideration 421 17-I • TEQUESTA CODE II 7-6 should be taken to unify the walls of the apace by the applica- • tioti of landscaping, or man-made objects of like design, at modular spacing.The floor of a space is of primary importance, its materials, texture and color, contour and shadow on it are to be considered, not only in relation to the space, but to its setting. Natural vistas must be surveyed and planning steps are to be taken to preserve them to the greatest extent. Care- • ful consideration to future development shall be given to yistse which open into undeveloped areas. (c)•Landscaping. Too much emphasis cannot be placed upon landscaping as a means of achieving beauty in the community. In some projects and areas it will be the primary tool available. This village, with its sub-tropical vegetation and characteris- tics, is blessed with diverse areas of native plants and terrain to serve as guides and models.It is the desire to the board that landscape design and planning become more integrated with the overall area design concept and not be considered merely as an afterthought. Toward this end proposed landscaping schemes will be evaluated as to their relationship to: The existing natural landscape, existing and proposed man-de- veloped landscape, including those on adjacent properties and Street rights-of-way and the building or buildings existing and proposed. (1), The board strongly feels that the existing natural land • - • scape character should be preserved whenever possible. • As an example of this,the board would prefer that in an . area containing a 'stand of trees that the developer would preserve.as many of these trees as possible and • " further landscape in a complementary manner, rather • ' than destroy the existing trees and replant with a type of vegetation completely foreign to the immediate • natural environment. (2)- Landscaping includes not only trees and plantings, but • paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior furniture. All items of the landscape are to be selected, not only for • their functional value, but for their aesthetic value and •••• must complement the whole. _ 422 • '✓ 4 7-8 COMMUNITY APPEARANCE BOARD i 7-8 t (8) One of the basic uses of landscaping will be to screen. , • It is the masking out or concealing a.particular objew • ± tional area, accessory use of an otherwise acceptable t structure or space. The achievement of this is left to 1 the designer,whether by walls,fences,mounds of earth, or vegetation. Screening shall be employed to mask tfrom the public view or adjacent properties such service r areas as trash and garbage areas, outside equipment of r< an unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the aesthetics ' of the project or neighborhood. '} (4) Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any •; area accessible to the public or from adjacent properties. This is to include views from highrise buildings and ,• bridges. 1,., . - (5) All landscaping and plantings designated on the plans ' approved by the board shall become effective and/or , • attain the size or height indicated within one (1) year `' ` ' '`'` r from the date of the certificate of occupancy of the N ..,,,�:'''' a +';?V ke'f 'sr' project. x � r r , , (d) Parking tots. 4` ' Y'` (1) Parking lots are to be designed as an aesthetic asset `' to a neighborhood and to the building, group or build- • ;- - _,-O ha0 ' " 7 .; ;t s '�., ings, or facility it serves. It is to be considered an out- 3# a �'1 side space, a transitional space which is experienced -t f` r'` ' ; 4 a4 , , : ' between the access (such as roads) and the building, �� rg ,1 group of buildings or other outside spaces, which it ``£ ' serves, The responsibility toward beautification and e y3 Fi q'f6 .. ) }retie �Y•; i `r'• Ti.N 5 ?; �?' ; 4 "' < 4 x'. design of the parking lot is the same as that which • the home owner has to his residential lot. The parking x i &' `" lot, because it is viewed from above as well as at eye ,�Cf car. a- tr,,g,ti. r t °,`..°j4 ,, , ,try •, ; ' level,should be designed accordingly. ' •C • -. •r, (2) Parking• lots and their parked automobiles are to be `'• f. - effectively screened from the public view and from . adjacent property and in a manner that is attractive and ' compatible with safety,the neighborhood, and facilities served. . . . . • Supp.No.21 423 ' . 7.8 TEQUESTA CODE § 7-6 (3) The atmosphere within the parking lot is to be park-like rather than the harsh hardstand of paving. Fifteen (15) percent minimum of the gross parking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. Trees are of primary importance in the landscape. They are not to be minimized in height nor in quantity.The tree imparts,especially in a relatively • flat area, a sense of three dimensional space, it casts shadows that reduce the monotony of the expanse of paving and creates a refuge from the tropical sun. Signs desig- nating entrances, exists, regulations, etc., in excess of two (2) square feet are to be of a tasteful design and subject to review by the board.The pavement is to be more than wall to wall asphalt.It is recommended that pavement be varied in texture or color designating lanes for automobile traffic, pedestrian walks and parking spaces. Bright colored pave- ment is to be used only with restraint. In order to create a pleasant atmosphere it is recommended that consideration also be given to sculpture, fountains, gardens, pools and benches. Design emphasis is to be given to the entrances and exits to the lot. Trash, refuse and unaesthetic storage and mechanical equipment must be screened from view in accordance with village requirements. (4) Lighting is to be designed not only from a standpoint of safety and vandalism, but for visual effect. It is not to create an annoyance to the neighbors, nor is it to impart a prison-like atmopshere. Low lights of a human scale can be used along with feature lighting em- • phasizing plants, trees, barriers, entrances, exits, etc. The fixtures are to be selected not only for their func- tional value but for their aesthetic value. (e) Definitions. (1) Proper design concepts refers to architectural planning and to the analysis of the whole structure in terms of forms and composition, color, materials, and surface decoration. It includes scale in relationship to scale of adjacent buildings and landscape. It applies to inner character of the individual project. It. applies in the Supp.No.21 424 § 7-6 COMMUNITY APPEARANCE BOARD ¢ 7-6 same manner to alterations and advertising on the project (building). No one will be permitted the excuse that the area contains other unsightly buildings. (2) Honest design construction concerns proper design of all work in its details,the uses of weather resistant ma- terials, etc. Applies also to advertising. Cheap and poorly designated work must always be discouraged. (3) Appropriate to surroundings does not mean uniformity in style or subordination to existing buildings, but rather to bringing new buildings into an orderly rela- tionship with landscape and nature, other buildings and open areas. Again, scale and composition come into importance, related here to adjacent properties. Sur- roundings are not only the buildings within a neighbor- hood,but shall be considered as the total picture. Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way. (4) Scale. The character of any architectural work is de- termined both in its internal space and in its external volume by the fundamental factor of a scale, the rela- tion between the dimensions of a building and the di- mensions of man. Every building is qualified by scale. (5) Space. The experience of space, a characteristic of architecture, has its extension in the village, in the streets, squares, alleys and parks, in the playgrounds and in the gardens,wherever man has defined or limited a void and so has created an enclosed space. If in the interior of a building, space is defined by six planes, (floor, ceiling and four walls) this does not mean that a void enclosed by five (5) planes instead of six (6), as, for example (a roofless) courtyard or public square —cannot be regarded with equal validity as space. All urban space wherever the view is screened off,whether by stone walls or rows of trees or embankments, pre- sents the same features we find in architectural space. Every building creates two (2) kinds of space: its in- Supp.Na 22 425 J I 7.8 TEQUESTA CODE 4 7-8 • ternal space, completely defined by the building itself and its external or urban space, defined by that building and the others around it. All objects—bridges, foun- tains, groups of trees, walls, and in particular, the fa- cades of buildings—are brought into play in the crea- tion of urban space. (6) Proportion. The relation of the parts of a building to each other and to the whole of the building.Proportion is closely tied to the scale of a building. (Ord. No. 208, 4 8, 4-24-73; Ord. No. 396, f 1, 3-8-90) Sec. 7-7. Powers and duties as the official tree board of the village. In addition to the functions provided pursuant to the other provisions of this chapter,the community appearance board shall constitute the official Tree Board of the Village of Tequesta and as such shall: 1. Annually develop and present to the village council a written community tree management program and sup- porting work plan which, upon acceptance by the village council,shall constitute the official comprehensive tree plan for the village. 2. Annually prepare plans for a Tequesta Annual Arbor Day ceremony, for approval by the village council. 3. Make recommendations to the village council upon any matter coming within the scope of its work, as deemed nee:PA.wary. 4. Perform any other duties assigned by the village council. (Ord. No. 437, § 1, 7-23-92) Sec. 7-8. Additional duties. In addition to the provisions of this chapter, the com- munity appearance board may have other duties as set forth by the council from time to time by ordinance. (Ord. No. 208, ' 1 7,4-24-78) . t Supp.No.22 426 [The next pap is 477]