HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/10/2011 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 18-11
Nov. 10, 2011
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SECOND READING ORDINANCE 18-11 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 2. SITE PLAN REVIEW. AMENDING THIS
DIVISION 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 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.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
This is second reading of a proposed Ordinance, which amends the Village code at Chapter 78. 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 Development Director
Weinand.
APPROVALS: SIGNATURE:
Department Head
Finance Director
Reviewed for Financial Sufficiency ❑
No Financial Impact
Attorney: (for legal su iciency)
Village Manager: '
Submit for Council piscussion: � �" ��` �
Approve Item: � p
Deny Item: �
SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the
number of copies you want signed and place "Sign Here" sticker on them)
ORDINANCE NO. 18-11
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 2. SITE PLAN REVIEW.
AMENDING THIS DIVISION 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 EACH AND EVERY OTHER SECT,ION 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, TIiEREFORE, 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 A.rticle 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; required facilities and infrastructure.
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 mixed-use development (PMIJD),
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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 full force and effect as previously adopted.)
(c) [This paxagraph shall remain in full force and effect as previously adopted.]
(d) (This paragraph shall remain in full force and effect as previously adopted.]
(e) [This paragraph shall remain in full force and effect as previously adopted.]
(fj [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 andlor permits from the following agencies:
(1) Palm Beach County Health Department.
(2) Teauesta Fire-Rescue Denartment D^'�'�°�^'� ��„„*�, �;r°«°�� (Fire
Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM).
(5) 5outh 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) 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 of the develonment or redevelonment nroiect by
agencies listed in this subsection ��z� �,'���°„* ^�°a°��°'� ^��*
must be submitted to the village prior to *���• °^� ^°�-��^°*°� ^� �^^••�-��^•,
e�e€ review bv the villa�e council bursuant to Sec. 78-334(dl
��% "'�e• -
(h) All new development and/or redevelopment must provide the necessaxy 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).
Roadway Type (LOS) Standard (LOS) Peak
Collector C D
(Except for Country Club Drive C C
and Seabrook Road, which shall
be)
Urban minor arterials C D
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Principal arterials C D
(2) Sanitary sewer.
Category Maximum Monthly Daily Maximum Daily Flow
Flow (MMDF) (MSF)
Residential 93 gallons/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
deveiopment project:
a. Average day water consumption rate:
Residential 120 gallons/capita/day
Nonresidential* 2020 gallons/acre/day *includes
irrigation.
b. Maacimum day water consumption:
Residential 180 gallons/capita/day
Nonresidential* 3030 gallons/acre/day *includes
irrigation.
(5) Recreation level of service standards table.
Area/activity Classification standard
(u.nit/population)
Neighborhood arks 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 field17,200
Football/soccer 1 field/4,800
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Playground areas 1 acre/3,600
Beach access easements 1 per 1/2 mile of developed or
redeveloped beach frontage
�6 Fire Flow Reauirements. All develonment and/or maior redevelonment
must nrovide the necessarv infrastructure imnrovements for fire
�unnression. 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 and/or maior redevelonment must
rovide a minimum six foot wide continuous nath of travel for nedestrians
sidewalksl. Sidewalks shall be narallel to all roadwav surfaces and be at
least four feet from the ed�e of the roadwav bavement. All sidewalk
imt�rovements shall be installed and maintained bv the adiacent nronertv
owner. Location. set back. width and materiai 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 paragraph 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 sha11 remain in full force and effect as previously adopted.]
(p) [This paragraph shall remain in full force and effect as previously adopted.]
(� [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) €�ee� Twelve copies of a site plan containing the title of the project and
names of the architect, engineer, project planner andlor 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, � easements, � section lines, and water and
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sewer lines well and sentic tank locations. and other existin�
imnortant nhvsical fea ures on the site and on nrobertv adiacent t
the site.
b. Exact location, use, height, and bulk of all buildings and structures.
c. Finished floor elevation for all structures. "�^���°'�° '�r°��
a ,. �,• ,, �,,,,� i. ;ao,a �.., o,,,.;.,�o..;.,,� �: �,,,,ii<,
' 111 111K1� VLfAll
u�T'�°ixv�°O ��-rriag2-s'��2-�� 4 Tl. n+,,.7.> nl.nll
- 1 .a l: + - + 1� 1' --'+ .i �
.1 4 �'� � zi �a `v'i r�'Q' � i�c
LLi��'21tl'i;� �'• � + �����`iTf"b° 4n.a �.....�v. ,..naoc,4«in» onct �
viix2�32S �€� Tl, ., + F +b,' �,,.�l�,sl,�ll l.o , L.<. �1„0
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�H�a�
d. Off-street parking and off-street loading areas.
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection and service areas.
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 snace 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 engineerin�
firm mutuallv a�reed unon bv b oth th e villa�e and the annlicant. The studv
shall be naid for b v the annlicant and sha11 include but not be limited to the
followin�: �
a Future ri�ht-of-wav dedications.
b. Intersection imnrovements.
c. Traffic control devices.
d. Traffic �eneration analvsis.
e Dist�ribution and assi�nment of traffi access
f Additional roadwav needs.
� Traffic Safetv standards. includin� the senaration of nedestrian and
vehicular traffic.
{�-} 6� 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 axe 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.
{�-} �7 Preliminary storm drainage and sanitary sewage plans or statements. 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 developrnent, and exact
number of units, sizes and types, together with typical floor plans of each
type.
{�-} 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.
{-�-} 10 Plans for °�^�� ,;�°„•,. Si�na�e includins size, location and orientation.
1�1 Exterior lishting of all buildin�s. narkin� areas and the overall site
addressin� �lare. traffic safetv. economic effect and comnatibilitv and
harmonv with adiacent nronerties.
(-�A� 1�12 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-�} 1�4 Such additional data, maps, plans or statements as may be required by
the village for the particulax use or activity involved, including impacts on
affected community facilities and services created by the development.
{-� 15 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.
(-�3-} 1�7� 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 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 statement shall include, but not be limited to,
specific references to those sections of the comprehensive plan relating to the
proposed development.
(-�} 1�9 A staternent 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 force 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 shall remain in full force and effect as previously adopted.]
(b) [This paragraph shall remain in full force and effect as previously adopted.]
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(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 -�
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
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 �-5 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 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 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 paxagraph shall remain in full force and effect as previously adopted.]
(� [This paragraph shall remain in full force 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 nermit, ut no� later than 30 days after final application
approval from the Village Council.��c-�e�=e�-�r.�—a��e���-�
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.
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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.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance sha11 become effective immediately upon passage.
FIRST READING this day of October, 2411
SECOND AND FINAL READING this day of November, 2011
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