HomeMy WebLinkAboutDocumentation_Regular_Tab 19_10/13/2011 �, P VILLAGE OF TEQUESTA
`' � AGENDA ITEM TRANSMITTAL FORM
1. VILLAGE COUNCIL MEETING:
Meeting Date: Meeting Type: Ordinance #:
October 13, 2011 Regular Ordinance 18-11
Consent Agenda: No Resolution #: N/A
Originating Department: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
First Reading of Ordinance 18-11, Amending the Village Code of Ordinances at Chapter 78. Zoning.
Article IX. Supplemental regulations. Division 2. Site Plan Review
3. BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available: Amount Remaining after item:
N/A N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda
item)
As per Village Council directive this is a proposed Ordinance which amends the Village Code of
Ordinances at Chapter 78. Zoning. Article IX. Supplemental regulations. Division 2. Site Plan Review
to correct some of the existing language, add some new elements and to make the process more
business friendly - Acting Community Deve/opment Director Weinand.
5. APPROVALS:
Dept. Head: Finance Director: ❑ Reviewed for Financial
f�° ufficiency
� o Financial Impact
Attorney: (for legal sufficiency) Yes ❑ No ❑
Village Manager: .,--°�""� =i ° - - .
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• SUBMIT FOR COUNCIL DISCUSSION: �
• APPROVE ITEM: ❑
• DENY ITEM: �
ORDINANCE NO. 18-11
AN ORDINANCE OF THE VII�.AGE COUNC`II.. OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VIIi,AGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REV�W.
AMENDING THIS DIVISION BY MODIFYING CERTAIN CRITERIA
RELATIVE TO OUTSIDE AGENCY APPROVALS, FIRE FLOW
REQUII2EMENTS, SIDEWALK REQUIREMENTS, SURVEY
REQUIREMENTS, TRAFFIC STUDY REQUIREMENTS, SIGNAGE
REQiJIREMENTS AND LIGHTING REQUIREMENTS; 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 modify certain site
plan review application requirements; 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 VILI.AGE COUNCII. 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 modifying certain
criteria relative to outside agency approvals, fire flow requirements, sidewalk requirements,
survey requirements, traffic study requirements, signage requirements and lighting requirements;
providing that Division 2. Site Plan Review. shall hereafter read as follows:
DIVISION 2. SITE PLAN REVIEW
Sec. 78-331. Required; development standards; requ°ed facilities and infi-astructure.
By the terms of this chapter, all permitted uses in all zoning districts except R-lA and R-1, all
special exception uses as approved by the village council, all planned residential development
(PRD), planned commercial development (PCD), and planned mi�ced-use development (PMLTD),
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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) [This paragraph shall remain in full force and effect as previously adopted.]
(b) [This paragraph shall remain in fu11 force and effect as previously adopted.]
(c) [This paragraph shall remain in full force and effect as previously adopted.]
(d) [This paragraph sha11 remain in full force and effect as previously adopted.]
(e) [This paragraph shall remain in full force and effect as previously adopted.]
(� [This paragraph shall remain in full force and effect as previously adopted.]
(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) Teauesta Fire-Rescue Denartment D�'-�'�°°�'� �'���-�'�� �'��°m°°���° (Fire
Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmenta.l 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) Pa1m Beach County Traffic Engineering Division.
(10) Martin County Metropolitan Planning Organization.
(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 andlor federal agencies as may be
applicable.
Evidence of final acceptance of the development or redevelonment vroiect by
agencies listed in this subsection
must be submitted to the village prior to +'�° � °�� �°����"+°� "� ""^""°"^°
e�-e€ review bv the villa�e council nursuant to Sec. 78-334(dl �~°' °^^°r+°r^° "°
��e-�ge•
(h) All new development and/or redevelopment must provide the necessary infrastructure to
meet the following level of service standaxds. 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).
Roadway T e (LOS) Standard (LOS) Peak
Collector C D
(Except for Country Club Drive C C
and Seabrook Road, which sha11
be)
Urban minor arterials C D
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Princi al arterials C D
(2) Sanitary sewer.
Category M�imum Monthly Daily M�imum Daily Flow
Flow (MMDF) (MSF)
Residential 93 allons/capita/day 100 gallons/capita/day
Nonresidentia 478 gallons/acre/day 516 gallons/acre/day
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(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 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
development project:
a. Average day water consumption rate:
Residential 120 allons/ca ita/day
Nonresidential* 2020 gallons/acre/day *includes
irrigation.
b. M�imum day water consumption:
Residential 180 gallons/capita/day
Nonresidential* 3030 gallons/acre/day *includes
irrigation.
(5) Recreation level of service standards table.
Area/activiry Classification standard
(unit/population)
Nei hborhood parks 2 acres/1,000
Community arks 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
FootbalUsoccer 1 field/4,800
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Play ound areas 1 acre/3,600
Beach access easements 1 per 1/2 mile of developed or
redeveloped beach fronta e
6� Fire Flow Reauirements. All develonment and/ar maior redevelonment
must nrovide the necessarv infrastructure imnrovements for fire
s nnression. includin� adeauate fire hvdrant nlacement. to meet the
develonment's fire flow reauirements in accordance with NFPA #1,
Uniform Fire Code, Florida edition.
7� Pedestrian walkwavs. All develonment andlor maior redevelonment must
rovide a minimum six foot wide continuous nath of travel for nedestrians
(sidewalksl. Sidewalks shall be narallel to a11 roadwav surfaces and be at
least four feet from the edge of the roadwav navement. All sidewalk
imnrovements shall be installed and maintained bv the adi acent nronertv
owner. Location� set back, width and material shall be annroved bv the
Villa e.
(i) [This paragraph shall remain in full force and effect as previously adopted.]
(j) [This paragraph shall remain in full force and effect as previously adopted.]
(k) [This paragraph shall remain in full force and effect as previously adopted.]
(1) [This pazagraph shall remain in full force and effect as previously adopted.]
(m) [This paragraph shall remain in full force and effect as previously adopted.]
(n) [This paragraph shall remain in full force and effect as previously adopted.]
(o) [This paragraph shall remain in full force and effect as previously adopted.]
(p) [This paragraph shall remain in full force and effect as previously adopted.]
(q) [This paragraph shall remain in full force and effect as previously adopted.]
(r) [This paragraph shall remain in full force and effect as previously adopted.]
Sec. 78-332. Preapplication meeting.
[This section shall remain in full force and effect as previously adopted.]
Sec. 78-333. Contents of application.
(a) [This paragraph shall remain in full force and effect as previously adopted.]
(1) [This paragraph shall remain in full force and effect as previously
adopted.]
(2) [This paragraph shall remain in full force and effect as previously
adopted.]
(3) [This paragraph shall remain in full force and effect as previously
adopted.]
(4) � Twelve 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, a� easements, � section lines, and water and
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sewer lines. well and sentic tank locations. and other existing
imnortant nhvsical features on the site and on nronertv adiacent to
the site.
b. Exact location, use, height, and bulk of all buildings and structures.
c. Finished floor elevation for all structures. "��-„°��°'�°„°���° *Y°��^
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d. Off-street parking and off-street loading areas.
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection and service azeas.
h. Access 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, onen sbace 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� A comnrehensive traffic studv. which shall be brovided bv an en�ineerin�
firm mutuallv a�reed unon bv both the villa�e and the annlicant. The studv
shall be naid for bv the annlicant and shall include but not be limited to the
followin�:
a. Future ri�ht-of-wav dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic �enera.tion analvsis.
e. Distribution and assi�nment of traffic access.
f. Additional roadwav needs.
�. Tr�c Safetv standards. including the sebaration of nedestrian and
vehicular tr�c.
{�-}� 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 anangements, or other legal instruments providing
adequate guarantee to the village that such common facilities will not
become a future liability for the village.
{-�-} �7 Preliminary storm drainage and sanitary sewage plans or sta.tements. If the
Villa�e determines that the draina�e and/or sewa�e nlans reauire
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indenendent review. the annlicant shall nav for such review bv an
indenendent en�ineer.
{-�} 8� Architectural elevations for buildings in the development, and exact
number of units, sizes and types, together with typica.l floor plans of each
type.
{$j �9 Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems. Plans
shall also nrovide delineation of existin� trees and information as to which
trees will be reused or removed.
�3} 1�0 Plans for ���-„° ,������. Sisna�e includin� size. location and orienta.tion.
l�l Exterior li�htin� of all buildin�s. �arkins areas and the overall site.
addressin� �laze, tr�c safetv, economic effect and comnatibilitv and
harmonv with adiacent nronerties.
{�9-} 1�2 Plans for recreation facilities, if any, including buildings and structures
for such use.
�} 1�3 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.
(-�} 1�4 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.
{-�-3-} 1�5 Such additional data. as the applicant may believe is pertinent to the site
plan.
{�4} 16 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.
(-�} 17 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.
(�} 1�8 A sta.tement 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 statement shall include, but not be limited to,
specific references to those sections of the comprehensive plan relating to the
proposed development.
{-� 19 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) (This paragraph shall remain in full farce and effect as previously adopted.]
(c) [This paragraph shall remain in full force and effect as previously adopted.]
Sec. 78-334. Application and review process.
(a) [This paragraph sha11 remain in full farce and effect as previously adopted.]
(b) [This paragraph sha11 remain in fu11 force and effect as previously adopted.]
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(c) Review by planning and zoning advisory board. Upon receipt of all required plans,
e�iibits and support documents from the building official, including but not limited to �
twelve 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
e�iibits 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, e�chibits and support
documents from the building official, including but not limited to � twelve 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 e�ibits 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 publie 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.
(e) [This paragraph shall remain in full force and effect as previously adopted.]
(� [This paragraph sha11 remain in full farce and effect as previously adopted.]
(g) [This paragraph shall remain in full force and effect as previously adopted.]
(h) [This paragraph shall remain in full force and effect as previously adopted.]
(i) Application fee.
(1) [This paragraph shall remain in full force and effect as previously
adopted.]
(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 for permit, but no� later than 30 days after final application
approval from the Village Council.�se�e�zer—�er—Qe�e���
„+o t.�, +t,o ,,;+�, ao ot� „+ a:,. ,.�„ '
S e etion 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: Ali Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
S ection 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this day of October, 2011
SECOND AND FINAL READING this day of November, 2011
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