HomeMy WebLinkAboutOrdinance_01-10_04/08/2010_Denied Ordinance Denied by
Council 4 /8/10
ORDINANCE NO. 1 -10
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN
REVIEW. AND DIVISION 3. SPECIAL EXCEPTION USES. BY
AMENDING THESE DIVISIONS TO RELOCATE CERTAIN
APPROVAL CRITERIA FROM THE SPECIAL EXCEPTION
APPROVAL PROCESS TO THE SITE PLAN REVIEW PROCESS;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING
A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta desires to
revise the process for special exception approval by relocating certain current
technical criteria from the special exception approval process to the site plan
review process; and
WHEREAS, the Village Council believes that these revisions to the Code
of Ordinances will encourage future development in the Village in conformance
with Village Code, and is in the best interests of the Village of Tequesta, and will
promote the public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1 : Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division
2. Site Plan Review. by amending this division to revise and augment the site
plan review process by adding certain criteria previously included in the special
exception approval providing that Division 2. Site Plan Review. shall
P PP process; � p 9
hereafter read as follows:
Ordinance Denied by
Council 4/8/10
DIVISION 2. SITE PLAN REVIEW
Sec. 78 -331. Required; development standards; required facilities and
infrastructure.
By the terms of this chapter, all permitted 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), and planned mixed -use development (PMUD), all miscellaneous
development and redevelopment, all subdivisions, and all uses or construction
lying partially or entirely in special flood hazard areas shall comply with the
following:
(a) Site plan review is required.
(b) Conceptual review of the overall development, if phased, is required.
(c) The development shall conform to all minimum requirements of this chapter
and any other applicable laws and regulations.
(d) The development shall be compatible with the intent of the zoning 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 erecting any structure
or building, or for structural alterations in any existing structure or building, until
after the planning and zoning advisory board has reviewed and made
recommendations to the village council, and the village council shall have finally
approved the site plan in accordance with this section.
(f) No building permits 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
combination of the following processes:
(1) Installation of all required public facilities /infrastructure /services prior to or
concurrent with the development impacts.
(2) Phasing of all required public facilities /infrastructure /services:
a. By local government (capital improvements element).
b. By the developer (development agreements).
(3) Phasing of the development.
(g) All proposed development and or redevelopment shall be coordinated 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.
Ordinance Denied by
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(11) Martin County Traffic Engineering Department.
(12) Florida Power & Light Company.
(13) Telephone service purveyor.
(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 agencies listed in this subsection of the
development or redevelopment project must be submitted to the village prior to
the issuance of certificates of occupancy or of final acceptance by the village.
(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 section shall be required to provide a certification from
a licensed engineer in the state that the proposed development and /or
redevelopment meets or exceeds the level of service standards for the listed
infrastructure as follows:
(1) Traffic (roads and rights -of -way).
TABLE INSET:
Roadway Type (LOS) (LOS)
Standard Peak
Collector C D
(Except for Country Club Drive and Seabrook Road, C C
which shall be)
Urban minor arterials C D
Principal arterials C D
(2) Sanitary sewer.
TABLE INSET:
Category Maximum Monthly Daily Flow Maximum Daily Flow
(MMDF) (MSF)
Residential 93 gallons /capita /day 100 gallons /capita /day
Nonresidential 478 gallons /acre /day 516 gallons /acre /day
(3) Drainage. A public drainage facilities level of service standard of a three -
year frequency, 24 -hour duration storm event is hereby adopted, and shall be
used as the basis of estimating the availability of capacity and demand generated
by a proposed development project. As a general drainage requirement, each
proposed project and /or site must maintain 95 percent of all stormwater runoff
on -site.
Ordinance Denied by
Council 4 /8/10
(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 development project:
a. Average day water consumption rate:
TABLE INSET:
Residential 120 gallons /capita /day
Nonresidential* 2020 gallons /acre /day *includes irrigation.
b. Maximum day water consumption:
TABLE INSET:
Residential 180 gallons /capita /day
Nonresidential* 3030 gallons /acre /day *includes irrigation.
(5) Recreation level of service standards table.
TABLE INSET:
(unit/population Area /activity Classification standard
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) The development shall meet the requirements of the Year 2015 Cost
Feasible Transportation Plan (WPBUATS).
Q) The development shall project for the reservation and preservation of existing
and future rights -of -way as may be determined by the village and in conformance
with the county and village right -of -way protection plan.
(k) Site plans shall be required which incorporate innovative urban,
architectural, and /or engineering design of impervious areas (e.g., parking lots) to
maximize the retention of rainfall to these areas which will increase the recharge
of groundwater while reducing stormwater runoff.
Ordinance Denied by
Council 4/8/ 10
(1) All new developments shall be required 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 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 process, shall submit a
drainage /environmental statement describing how the proposed development will
affect the estuarine water quality of the class III waters of the village, and also an
environmental impact assessment study prepared by a qualified ecologist or
other professional qualified to do such an assessment. The study shall meet the
requirements of chapter 50, article 11, pertaining to environmentally sensitive
lands.
(o) New development and redevelopment shall not be permitted within the
coastal high- hazard area of the village as defined in section 78 -773 except in
accordance with the mandates of section 78 -789.
(p) Notification of neighboring jurisdictions of any external impacts that a
proposed project might have within those jurisdictions and assessment and
mitigation of those impacts shall be required.
(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) Stormwater management facilities including curbs, gutters, piping, culverts,
ditches, etc., shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements are in conformance with
chapter 74, article IV.
Sec. 78 -332. Preapplication meeting.
A preapplication meeting called by the building official between appropriate
village officials, the landowner or representative, and other entity representatives
deemed appropriate shall be required prior to application submittal for site plan
review to ensure proper coordination, intention and understanding in the
development of land and buildings and to consider compliance with applicable
village regulations. See section 78- 331(g) for a list of possible preapplication
meeting attendees. The applicant is responsible for properly notifying the various
affected agencies in the list of the time, place and subject of the preapplication
meeting.
Sec. 78 -333. Contents of application.
(a) Applications for site plan review shall be filed with the building official and
shall include those of the following information items that are applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the
subject property.
(2) Statement describing in detail the character and intended use of the
property.
Ordinance Denied by
Council 4 /8/10
(3) General location map, showing relation of the site for which site plan
approval is sought to major streets, schools, existing utilities, shopping areas,
important physical features in and adjoining the project, and the like.
(4) Fifteen copies of a site plan containing the title of the project and names of
the architect, engineer, project planner and /or developer, date, and north arrow,
and based on an exact survey of the property drawn to a scale of sufficient size
to show:
a. Boundaries of the project, any existing streets, buildings, watercourses, and
easements, and section lines.
b. Exact location, use, height, and bulk of all buildings and structures.
c. A comprehensive traffic study, which shall be provided by an engineering firm
mutually agreed upon by both the village and the applicant. The study shall
include but not be limited to access and traffic flow and volume, 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.
d. Off - street parking and off - street loading areas including refuse and service
areas
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection areas.
h. Location, availability and compatibility of utility service, including access
Assess to utilities and points of utilities hookups and location of all fire hydrants
close enough for fire protection.
i. 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
impervious surface coverage.
j. 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.
(5) If common facilities (such as recreation areas or structures, common open
space, etc.) are to be provided for the development, statements as to how such
common facilities are to be provided and permanently maintained. Such
statements may take the form of proposed deed restrictions, deeds of trust,
surety arrangements, or other legal instruments providing adequate guarantee to
the village that such common facilities will not become a future liability for the
village.
(6) Preliminary storm drainage and sanitary sewage plans or statements.
(7) Architectural elevations for buildings in the development, and exact number
of units, sizes and types, together with typical floor plans of each type.
(8) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems.
(9) Plans for signs and exterior lighting, including reference to glare, traffic
safety and neighborhood compatibility, .
(10) Plans for recreation facilities, if any, including buildings and structures for
such use.
Ordinance Denied by
Council 4/8/10
8 0
(11) Plans for the extraction of fill and mineral resources and alterations or
modifications to the slope, elevation, drainage pattern, natural vegetation and
accessibility of the development.
(12) 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 facilities and services created by the development. For commercial
uses. office uses and uses other than residential this shall include as applicable
the estimated square footage of the structure, the number of employees, the
estimated seating the estimated number of users of the facility, such as
members, students and patients, and the proposed hours of operation.
(13) Such additional data as the applicant may believe is pertinent to the site
plan.
(14) 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 review by the village.
(15) 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.
(16) 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 authorized by
development ordinances and regulations. The statement shall include, but not be
limited to, specific references to those sections of the comprehensive plan
relating to the proposed development.
(17) A statement from the applicant or landowner that all pertinent permits are
concurrently being sought from the applicable county, state, and federal
agencies. Such permits shall be secured prior to the issuance of a building permit
for any development on property included within the site plan.
(b) Items listed in subsection (a) of this section 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. Land surveys,
site plans and plans and requirements appurtenant to site plans shall be
prepared and certified by a registered surveyor, engineer, architect or landscape
architect, or a practicing land planner, as may be appropriate to the particular
item.
(c) Any item submitted as part of the application content which requires
modification at any time during the site plan review process by the village may be
so modified without resubmittal of an entirely new application; provided, however,
that the modification is approved by the building official and village council and is
determined to be consistent with the terms and intent of this section and the
zoning district in which the site is located.
Sec. 78 -334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
Ordinance Denied by
Council 4 /8/10
(a) Preapplication meeting. A preapplication submittal meeting shall be held
with the applicant and his design team and the building official and his
development staff.
(b) Review by community development director. The community development
director or designee 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 community development
director or designee 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 board of adjustment or the
village council, as appropriate, and the necessary variance is granted in
accordance with article III of this zoning ordinance. If the application is deemed
by the community development director or designee to be in compliance with
such regulations and requirements, the application and all exhibits and any
additional comments of the community development director or designee and the
development review staff concerning such application shall be submitted by the
community development director or designee to the planning and zoning advisory
board. The community development director or designee shall submit such
application for planning and zoning advisory board review within 45 days of
receipt of a completed application. Within 45 days of review by the planning and
zoning advisory board, the community development director or designee shall
then submit such application, including the recommendations of the planning and
zoning advisory board, for village council review.
(c) Review by planning and zoning advisory board. Upon receipt of all required
plans, exhibits and support documents from the building official, including but not
limited to 15 copies of a 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 community
development director or designee and the development staff, the planning and
zoning advisory board shall hold a public hearing to review, consider and make
recommendations to the village council regarding the application. Notice of public
hearing shall be advertised a minimum of ten days in advance of the public
hearing in a newspaper of general circulation in the area. The owner of the
property for which site plan review is sought or his agent or attorney designated
by him on the submitted application shall be notified by mail of the date and time
of the hearing.
(d) Review by village council. Upon receipt of all required plans, exhibits and
support documents from the building official, including but not limited to 15 copies
of a 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 community development director or
designee and his development staff, the village council shall hold a public
hearing to review, consider and act upon the application. Notice of public hearing
shall be advertised a minimum of ten days in advance of the public hearing in a
newspaper of general circulation in the area. The owner of the property for which
Ordinance Denied by
Council 4/8/10
site plan review is sought or his agent or attorney designated by him on the
submitted application shall be notified by mail of the date and time of the
hearing.
(e) 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.
(f) Approval granted with conditions. When certain conditions are attached to
the site plan review, the conditions shall be stated in writing on the order granting
site plan review and shall become a part of the approved site plan.
(g) Developer's agreement. The village council may require an applicant to
enter into a developer's agreement with the village if the village council deems
such agreement appropriate. If a developer's agreement is required of an
applicant, it shall be set forth in a recordable form, acceptable to the village
attorney.
(h) Time limit for application for building permit. A building permit must be
issued within one year of the date of the site plan approval or the 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. If applications for
building permits are not issued within these times, the approval shall terminate
and be deemed null and void unless such time period is extended for one more
year only by the village council upon written request of the applicant, submitted to
the village, prior to expiration of the site plan.
(i) Application fee.
(1) Administrative costs. To cover all administrative costs incurred by the
village in the site plan review process, the applicant shall, upon submittal of the
application for site plan review, pay a fee in an amount as established by
resolution of the village council and on file in the village clerk's office.
(2) Additional costs. To cover all additional administrative costs, actual or
anticipated, including, but not limited to, engineering fees, consulting fees,
attorneys' fees, advertising costs and special studies, the applicant shall
compensate the village for all such costs prior to the processing of the
application, not later than 30 days after final application approval, whichever is
determined as appropriate by the community development director or designee.
Secs. 78-335--78-360. Reserved.
Ordinance Denied by
Council 4 /8/10
Section 2 : Chapter 78. Zoning. of the Code of Ordinances of the Village
of Tequesta is hereby amended at Article IX. Supplemental Regulations. Division
3. Special Exception Uses. by amending this division to revise and streamline the
special exception approval process by relocating certain criteria for approval to
the site plan review process; providing that Division 3. Special Exception Uses.
shall hereafter read as follows:
DIVISION 3. SPECIAL EXCEPTION USES
Sec. 78 -361. Purpose.
The development and execution of a zoning ordinance is based upon the division
of the village into districts, within which the use of land and structures and the
bulk and location of structures in relation to the land are substantially uniform. It
is recognized, however, that there are certain uses and features which, because
of their unique characteristics, cannot be distinctly classified or regulated in a
particular district 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.
Sec. 78 -362. Criteria Findings required for approval.
Special exception uses and their related accessory uses or any expansion,
enlargement, or modification of an existing special exception use shall be
permitted only upon authorization of the village council Before any special
exception is granted. however, the village council shall determine that the
applicant has met and complied
with the following requirements and other applicable
requirements as set forth in this chapter:
(1) The proposed use is a permitted special exception use.
(2) The use is so designed, located and proposed to be operated so that the
public health, safety, welfare and morals will be protected.
(3) The use will not generate nuisance factors, including but not limited to noise .
odor, smoke, glare, electrical interference and /or mechanical vibrations
detrimental to adjacent and nearby properties and the village as a whole.
Moreover, the use will not cause substantial injury to the value of other property
in the neighborhood where it is to be located.
(4) The use will be compatible with adjoining development and the proposed
character of the district where it is to be located.
(5) Adequate open space. landscaping buffering and screening is provided as
required in this chapter.
Ordinance Denied by
Council 4 /8/10
(6) Adequate off - street parking and loading is provided and ingress and egress
is so designed as to cause minimum interference with pedestrian and vehicular
traffic and provide for appropriate emergency access .
(7) The use conforms to with all applicable regulations governing the district
where located, except as may otherwise be determined for planned
developments.
Sec. 78 -363. Reserved FindiR96 Fequired fOF aPPFGvaI.
Before any ropeGial exGePtiGR i6 gFaRted, the village GGURG shall apply the
anid arras a the f f to have been met b h e n ener where
terra arrarr�cF�}ef� � rrcrrcvccn- n +
� cc - v7 mc�� ecmvrrcr - m�cT c
applicable:
(1 ) G ,.�nne wi al tG of the village nempr
�v �r}pl��rcrrcrr � en}ep� �arrrPre ive plan �
(2) IngFes and eg to prep i nrppesed st C her en with
(3) of thirs en.
village ars a whole. Nuisanrae faGteFs shall inGlude bUt Ret ne%ssaFily be limited to
(6) Utilities, with FefeFenrae to IeGati0R, availability and GOMpatibility.
(7) SGFeeR and ^� ^ , ,
( S and Prepesed- e*t ligh t i ng, with tFef FenGe to nlaFe 4roffin safety
disrtfiGt:
/11 Nh er the nh�nne up9 ��ii4h the needs of the
netf� -r the Gha ge �` ` g eked --is scale with the ne���f the
ieFheed 9F the village.
/1 y sp iao ou ulc� it
site r „an in
n- �ee ,Q.- fequ+�ereep t in �r -. n ��reg ,,
�,�,T,
Sec. 78 -364. Imposition of additional conditions and safeguards.
In addition to the standards listed in section 78 -362 78-363 and specific
conditions listed for each particular special exception listed within any particular
zoning district, the v Ilaae council shall require. as a condition of approval for any
special exception, that the applicant comply with all applicable requirements of
Division 1. Generally., and with all requirements of Division 2. Site Plan Review,
as set forth in this Article. In addition. the village council may impose other such
conditions and safeguards as it deems appropriate in conformity with this chapter
for the protection of the surrounding properties and the neighborhood or general
welfare of the public.
Ordinance Denied by
Council 4/8/ 10
Sec. 78 -365. 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 section 78 -362 79 363 and all other conditions and particular regulations
relating to the specific special exception requested.
Sec. 78 -366. Reapplication after denial.
(a) Whenever the 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 12
months from the date of such action.
(b) The time limits of subsection (a) of this section may be waived by three
affirmative votes of the village council when such action is deemed necessary to
prevent injustice or to facilitate the proper development of the village.
Sec. 78 -367. Time limit for commencement of use.
(a) A special exception shall commence within 12 months from the date of grant
of the special exception unless extended by action of the village council;
otherwise it is automatically rendered null and void.
(b) Commencement of a special exception occurs upon the issuance of a
building permit, preliminary plat or site plan, or upon the initiation of significant
action to satisfy requirements for improvements contained in a development
order or other regulatory documents relating to the special exception.
(c) Only one extension shall be permitted by the village council and the
extension shall not exceed six months. A written request for such extension of
time must be received by the village prior to the expiration of the grant of
approval.
(d) Special exceptions granted to any governmental unit shall be exempt from
the provisions of this section unless a time limitation is made a specific condition
of the special exception.
Sec. 78 -368. Application; notice of hearing.
(a) A written petition for special exception shall be submitted indicating the
section of this chapter under which the special exception is sought and stating
the grounds on which it is requested, with particular reference to the written
findings under section 78 -362 78 363 and other specific conditions, if applicable,
which the village council shall address. The petition shall include all material
necessary to meet the requirements of the development concept plan listed in
subsection (b) of this section and any additional information that will demonstrate
that the grant of special exception will be in harmony with general intent and
purpose of this chapter.
(b) A petitioner seeking special exception approval shall submit a development
concept plan on one or more sheets of paper measuring not more than 24 by 36
inches and drawn to a scale not smaller than 100 feet to the inch. The following
shall be provided on the development concept plan:
Ordinance Denied by
Council 4 /8/10
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross
acreage.
(2) The boundaries and dimensions of the property and its relationship to the
surrounding road system, including the width of the existing travelway
(pavement).
altered-
and sewer "Res, well and 6ePt tank IGGation, and otheF exorsting
physir.al featuFers in and adjo the pFGjecA-.
(5) The leGation and del of existing tFees and i RfaFmat i on as to wh
trees will he reFnevei•I
Q3 (0) Identification of surrounding land use, zoning and existing buildings
within 100 feet of the petitioned site, as well as the zoning of the petitioned site.
4) (7} A layout of the proposed lots and /or building sites including the following
conceptual information si t e rata:
a. r,. Generalized IandssaapiRq -and buffer areas.
b. d- Internal circulation patterns including off - street parking and loading
facilities.
C. e- Proposed Total project density or intensity of use, as applicable
f. PeFGeRtage of bu GOVeFage.
d. Open space areas.
e. �. The shape, size, location and height of all structures.
a. Futum F of way ded
b. !Rtemestien euen,��
f. Add roadway needr-,.
(10) FGF GGMmem uses, OffiGe uses and uses etr'eF than Fes he
est square feetage of the e emp the
estimated- seat and the estimated— numbeF of users of the facility 611 r-h Al';
membero s st deRts and patient
(1 /1 drainage statement or drainage plan may he reoUireid by the village or
i ts des eR
S G
(14) Drepesed lighting of +be premiere -
Ordinance Denied by
Council 4 /8/10
(16) TeR aeFial maps at a - .ale of 9Re * AGh equal6 300 feet, 6hOW
1'5l (4464 A legal description of the land proposed for the special exception use
(c) The application shall be reviewed by the land development staff within 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 a minimum of ten days in
advance of the public hearing in a newspaper 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 of
the date and time of the hearing. Notice shall be given by mail to all owners of
property within a 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 county appraiser's office. The applicant must furnish an
affidavit signed by the person responsible for providing the list. Notwithstanding
any other provision contained in this section, failure to provide written notice to
any adjacent property owners shall not constitute a jurisdictional defect provided
that proper legal notice has been published.
Sec. 78 -369. Filing fee.
Upon filing an application for special exception, the applicant shall pay a fee to
the village at the time of filing of such application. The fee shall be in an amount
as established by resolution of the village council and on file in the village clerk's
office, shall not be reimbursable, and is intended to defray costs of administering,
processing, and reviewing the application. Additionally, to cover all additional
administrative costs, actual or anticipated, including, but not limited to,
engineering fees, consulting fees, attorneys' fees and special studies, the
applicant shall compensate the village for all such costs prior to the processing of
the application, or not later than 30 days after final application approval,
whichever is determined as appropriate by the community development director.
Secs. 78-370--78-390. Reserved.
Section 3: Each and every other section and subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 5 : Should any Section or provision of this Ordinance or any
portion thereof, any paragraph, sentence or word be declared by a Court of
Ordinance Denied by
Council 4 /8/10
competent jurisdiction to be invalid, such decision shall not affect the validity of
the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
Section 7 : This Ordinance shall become effective immediately upon
passage.
Upon First Reading this 8 day of April 2010, the foregoing Ordinance was offered by
Council Member Turnquest who moved its DENIAL. The motion was seconded by
Vice -Mayor Paterno and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Pat Watkins X
Vice -Mayor Tom Paterno X
Council Member Vince Arena X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly DENIED 8 day of April, 2010.
MAYOR OF TEQUESTA
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Pat Watkins
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Lori McWilliams, CMC >' Rp�RajEp
Village Clerk
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