HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 02_11/03/2011 ORDINANCE NO. 19-11
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 3. SPECIAL EXCEPTION
USES. AMENDING THIS DIVISION BY REVISING CERTAIN
CRITERIA TO BE MORE COMPATIBLE WITH THE SITE PLAN
REVIEW PROCESS, AND BY PROVIDING REVISED PROCEDURES
FOR SMALL SCALE REVISIONS AND AN OPTIONAL PRE-
APPLICATION 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 revising certain criteria to be more compatible with the site
plan review process, and by providing revised, streamlined procedures for small scale revisions
and an optional pre-application 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 3. Special Exception Uses.
by amending this division to revise the special exception approval process by revising certain
criteria to be more compatible with the site plan review process, and by providing revised,
streamlined procedures for small scale revisions and an optional pre-application process;
providing that Division 3. Special Exception Uses. shall hereafter read as follows:
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DIVISION 3. SPECIAL EXCEPTION USES
Sec.78-361. Purpose.
[This section shall remain in full force and effect as previously adopted.]
Sec. 78-362. Anblicabilitv.
All initial reauests for snecial excen tion uses as listed in this Chanter. alon� with their related
accessorv uses shall be subiect to the reauirement of this Division. In addition, anv modification
to the use of a breviouslv granted sbecial excention excent for a modification that chan�es said
use to a nermitted use as listed in this Chanter shall be subiect to the reauirements of this
Division Reauests to exnand enlar�e or revise the site of an existin� sbecial excention use shall
be classified and nrocessed nursuant to the followin� three cate�ories;
�� � Small s cale interior interior exnansion enlar�ement or revision of less than 20 nercent of
the orieinallv abbroved snecial exce ntion site sauare footase and havins construction costs of
� - - _--
less than $100 00 00 once within anv twelve month neriod (this cate�orv contemnlates uses
located in existin� shot�nin� ce nters or similar structures. where no chanse to the overall buildin�
footnrint is reauiredl.
a Annlicant shall submit the nrocess fee in an amount es tablished bv resolution
of the Villa�e Counc and on file in the Village Clerk's office.
b Review and annroval is nrovided bv the Communitv Develobment Director.
followin� which the abnlicant mav annlv for buildins nermits
(21 Small scale exterior — exterior exnansion enlar�ement or revision of less than 20 nercent of
the ori�inallv annroved snecial excebtion site sauare footase and havin� construction costs of
less than $100 00 00 once within anv twelve month neriod (this cate�orv contemnlates a chan�e
to the existing structure's footnrint a nd other site related revisions that flow therefroml.
a Annlicant shall submit the nrocessin� fee in an amount established bv resolution
of the Villa�e Council and on file in the Villa�e Clerk's office.
b Review and annroval re�ardin� the continuin� snecial excention use �s nrovided
bv the Communitv Develobment Director followin� which the annlicant shall submit an
abnlication for site blan modification.
When reviewin� small scale exnansion enlargement or revision. the Communitv Develonment
Director shall make a determination that such exnansion enlargement or revision does not result
in a violation of the reauirements of Sections 78-363 or 78-364.
(31 Large scale — anv exnansion enlargement or revision to the site of an existing snecial
exceation use that does not aualifv as either small scale interior or small scale exterior. Such
exnansion enlar�em�nt or re vision is subiect to the reauirements of this Division.
Sec. 78-� �3. Criteria.
Special exception uses to which this Division annlies as set forth in Sec. 78-362 ^�a +'�°�~ ~°'�+°�
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�se shall be permitted only upon authorization of the village council provided that such uses
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shall be found by the village council to comply with the following requirements ��� ���-
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(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 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 landscaping and screening is provided as required in this chapter.
(6) 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.
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Sec. 78-� �6-3. Findings required for approval.
Before any special exception to which this Division a�2plies as set forth in Sec. 78-362 is granted,
the village council shall apply the standards set forth in this division and shall determine that
satisfactory provision and arrangement of the following factors have been met by the petitioner,
where applicable:
(1) Compliance with all elements of the village comprehensive plan.
(2) Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case of
fire or catastrophe.
(3) Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
� •
{�-}�4 Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
{�}�5 Utilities, with reference to location, availability and compatibility.
(�}�6 Screening and buffering, with reference to type, dimensions and character.
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{�A-}�7 General compatibility with adjacent properties and other property in the district.
(-�-}�8 Whether the change suggested is out of scale with the needs of the neighborhood or the
village.
(�}�9 Any special requirements set out in the schedule of site regulations in section 78-143 for
the particular use involved.
Sec. 78-�5 3b4. Imposition of additional conditions and safeguards.
�a In addition to the criteria listed in section 78-363. the reauired annroval findin�s s�t��
listed in section 78-364 � and specific conditions �ks�e� for the eae� particular special
exception use listed within the annlicable �„�° ~��;^„'^~ zoning district re�ulations, the village
council may impose other such conditions and safeguards as it deems appropriate in conformity
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with this chapter for the protection of the surrounding properties and the neighborhood or general
welfare of the public.
(bl If the snecial excebtion use is �ranted bv the Villa�e Council the use must conform to all the
ap�licable regulations �overnin� the district where it is located, excent as mav otherwise be
determined for nlanned develonments Failure to comblv with all the annlicable re�ulations
anvernin� the district as reauired bv the site plan an roval nrocess will void the �ranted snecial
excebtion use.
Sec. 78-366 �5. DeniaL
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-'i 7�. Reapplication after denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-�$ �. Time limit for commencement of use.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec 78-3fr9 Obtional nre-annlicatio revie nrocess.
Prior to submittin� a snecial excention annlication and co mmittin� the resources reauired to
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nroceed throu�h the snecial excention annlication nrocess as reauired bv Sec. 78-370. an
annlicant mav choose to narticinate in the followin� nre-annlication nrocess in order to gauge
interest in his nronosed nroiect.
(1) Pre-annlication meetin� A bre-abnlication submittal meetin� shall be held with the
annlicant and his desi�n team and the communitv develonment director and develonment staff.
The annlicant's bronosed use shall be reviewed and discussed in order to identifv anv issues with
the nrobosed use the ant�licable use re�ulations and/or other annlicable reauirements.
(21 Concebtual nresentation Based on the outcome of the nre-at�vlication meetin�. the
annlicant mav reauest to nresent his snecial excention use concent to the Villa�e Council in order
to receive further innut. This c oncentual nresentation is not a auasi-iudicial broceedin�, and no
action shall be taken bv the Villa�e C ouncil bevond discussion with the annlicant. Neither the
outcome of this conce tn ual nresentation, nor anv comm made durin� this concentual
bresentation bv anv Villa�e Council ember or Villa�e staff is a�uarantee or assurance in anv
wav of the final action that mav be taken bv the Villa�e Council nursuant to a formal abblication
for snecial excention use as nrovided in Sec. 78-370.
(31 Prior to bein� nlaced on a Villa�e Council a�enda for a concentual nresentation, the
annlicant shall submit the following:
a Processing fee in an amount as established bv resolution of the Villa�e Council
and on file in the Villa�e Clerk's office.
b Twelve coaies of sketches and dia�rams_sufficient to convev the concentual use to
the Villa�e Council. This mav include site nlans, floor nlans and/or survevs.
c Twelve conies of a brief exnl that the nronosed snecial excention use is
combatible with the surroundin� uses and the nei�hborhood in �eneral.
Sec. 78-370 SbS. 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
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requested, with particular reference to the criteria �_�~�'�°H �� under section 78-363, the
written findin�s under section 78-364 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:
(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).
(3) The location and dimension of existing manmade features such as existing roads and
structures, with indication as to which are to be removed, renovated or altered.
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�} 5� 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.
(�} 6� A layout of the proposed lots and/or building sites including the following site data:
a. Finished floor elevation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading facilities.
e. Total project density.
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�£ The shape, size, location and height of all structures.
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(�-} 7� The proposed phasing of construction for the project if applicable.
{-�A} 8� For commercial uses, office uses and uses other than residential, the estimated square
footage of the structure, the number of employees, the estimated seating, and the estimated
number of users of the facility, such as members, students and patients.
(�-�-} �9 Proposed hours of operation for commercial uses.
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{� 1�0 Twelve � aerial maps a minimum scale of one-inch equals 300 feet, showing the
site in question with paved boundaries superimposed.
{-�} 1�1 A legal description of the land proposed for development.
(12) Current survev of the subiect nronertv.
Sec. 78-371 �1. Filing fee.
[The text of this section shall remain in full force and effect as previously adopted.]
Secs. 78-�72 �8 --78-390. Reserved.
Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
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.
Section 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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DIVISION 3. SPECIAL EXCEPTION USES
Sec.78-361. Purpose.
[This section shall remain in full force and effect as previously adopted.]
Sec. 78-362. Annlicabilitv.
All initial reauests f o r special e uses as listed in this Chapter, alon� with their related
accessorv u ses shall be subie t the reauire of this Division. In addition, anv modification
to the use of a previo �ranted special excention excent for a modification that chan�es said
use to a pe rmitted use as listed in this Chapter shall be subiect to the reauirements of this
Division Reauests to expand enlar�e or revise the site of an existin� sbecial excention use shall
be classified and processed pursuant to the followin� three cate�ories;
(1) Small scale interior — interior expansion enlar�ement or revision of less than 20 percent of
the ori�i nallv anproved special excet�tion site sauare foota�e and havin� construction costs of
less than $100 0 0 00 once within anv twelve month beriod (this cate�orv contemplates uses
located in existin� sho cent ers or similar structures where no chan�e to the overall buildin�
footprint is reauiredl.
a Ar�alican sh submit the br ocessin� fee in an amount established bv resolution
of the Villa�e Council and on file in the Villa�e Clerk's office. [**amend fee schedule
accordingly* *]
b Review and approval is provided bv the Communitv Develot�ment Director,
followin� which the anblicant mav apt�lv for buildin� bermits.
(2) Small scale exterior — exterior expansion enlar�ement or revision of less than 20 percent of
the ori�inallv approved special excention site sauare foota�e and havin� construction costs of
less than $100 00 00 once within anv twelve month period (this cate�orv contemblates a chan�e
to the existin� structure's footprint and other site related revisions that flow therefroml.
a Apblica s hall submit the process fee in an amount established bv resolution
of the Villa�e Coun cil and on file in the Villa�e Clerk's office. [**amend fee schedule
accordingly**]
b Review and aabro re�ardi the continuin� special exception use is provided
bv the Communitv Develonment Director followin� which the at�t�licant shall submit an
application for site nlan modification.
When reviewin� small scale expansion enlar�ement or revision the Communitv Develobment
Director shall make a determination that such expansion enlar�ement or revision does not result
i n a violation of the reaui of Se ctions 78-363 or 78-364.
(31 Lar�e scale anv expansion enlar�ement or revision to the site of an existin� st�ecial
exception u that does not aualifv as either small scale interior or small scale exterior. Such
expansi enlar�e or revision is subiect to the reauirements of this Division.
Sec. 78-363 �. Criteria.
Special exception uses to which this Division anblies as set forth in Sec. 78-362 �' *'� �r r°'�+°a
,
�se shall be permitted only upon authorization of the village council provided that such uses
2
with this chapter for the protection of the surrounding properties and the neighborhood or general
welfare of the public.
(b) If the special exception use is �ranted bv the Villa�e Council the use must conform to all the
apnlicable re�ulations �overnin� the district where it is located, excet�t as mav otherwise be
determined for planned de Failure to complv with all the apt�licable re�ulations
¢overnin� the district as reauired bv the site plan aparoval arocess will void the �ranted snecial
excention use.
Sec. 78-366 �. Denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-367 �. Reapplication after denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-368 �. Time limit for commencement of use.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-369. Ontional nre-annlication review nr ocess.
Prior to submittin� a special exception abplication and committin� the resources required to
proceed throu�h the snecial exceation apalication process as reauired bv Sec. 78-370, an
applicant mav choose to participate in the followin� pre-anplication process in order to �au�e
interest in his aropos proiect.
(1) Pre-abplication meetin� A pre-at�blication submittal meetin� shall be held with the
applicant and his desi�n team and the communitv develot�ment director and develot�ment staff.
The apnlican pronosed use shall be reviewed and discussed in order to identifv anv issues with
the broposed use the anblicable use re�ulations and/or other at�blicable reauirements.
(21 Concebtual aresentation Based on the outcome of the nre-apnlication meetin�, the
applicant mav reauest to present his st�ecial excebtion use concept to the Villa�e Council in order
—__ --
to receive further input. This concebtual aresentation is not a auasi-iudicial proceedin�, and no
action shall be taken bv the Villa�e Council bevond discussion with the applicant. Neither the
outcome of this conceptual bresentation, nor anv comments__ made durin� this concentual
presentation bv anv Villa�e Council member or Villa�e staff is a�uarantee or assurance in anv
wav of the final action that mav be taken bv the Villa�e Council pursuant to a formal aaplication
for special ex cepti on use as arovid in Sec. 78-370.
(3) Prior to bein� placed on a Villa�e Council a�enda for a concentual nresentation. the
abplicant shall submit the followin�:
a. Processin� fee in an amount as established bv resolution of the Villa�e Council
and on file in the Villa�e Clerk's o ffice. [**amend fee schedule accordingly**]
b Twelve copies of sketches and dia�rams sufficient to convev the conceatual use to
the Villa�e Council. This mav include site plans, floor plans and/or survevs.
c Twelve copies of a brief exblanation that the proposed special excention use is
compatible with the surroundin� uses and the nei�hborhood in �eneral.
Sec. 78-370 �. 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
4