HomeMy WebLinkAboutDocumentation_Regular_Tab 12_11/10/2011 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 19-11
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 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.
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 an Ordinance, which amends the Village Code at Chapter 78. Article IX Supplemental Regulations.
Division 3. Special Exception Uses to correct some of the existing language, add some new elements and to
make the process business friendly. Acting Community Development Director Weinand.
APPROVALS: SIGNATURE:
Department Head ���.,�- �-� � j
Finance Director
Reviewed for Financial Sufficiency ❑ �----'
No Financial Impact
Attorney: (for legal sufficiency)
Village Manager: �;' _
_: _� » .
__.,_ . _
Submit for Council Discussion: 0 ��� 9
Approve Item: ❑
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 N0.19-11
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. SIiALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAU5E 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
W�IEREAS, 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
welfaxe.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTIT, 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. Annlicabilitv.
All initial reauests for snecial excention uses as li sted in this Chanter. along with their related
a cessorv uses shall be subiect to the reauirements of this Division In addition anv modification
to the use of a nreviouslv �ranted snecial excention excent for a m odif ic ation that chan�es said
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us to a nermitted use as listed i n this Chanter shall be subiect to the reauirements of this
Division Reauests to exnand enlar�e or revise the site of an existin� snecial excention use shall
be classified and nrocessed nursuant to the followin three cate�orie�:
(1) Small scale interior — interior exnansion enlaz�ement or revision of less than 20 nercent of
the ori�inallv annroved snecial excention site sauare foota�e and havin� construction costs of
less than � 100 00 00 once within anv twelve month neriod (this cate�orv conte mnlates uses
located in existin� shonnins centers or similar structures where no chanse to the overall bu ildin�
footnrint is reauired).
a Annlicant shall submit the nroc essin� fee in an amount established bv reso lution
of the Villa�e Council and on file in the Villase Clerk's office. ;f *�e*au ���nc=l €�= s� F__ e. 1°e
acco d"���g� **'
b Review and annroval is nrovided bv the Communitv Develonment Director,
followin� which the annlicant mav annlv for buildin� nermits.
(21 Small scale exterior — exterior exnansion enlar�ement or revision of less than 20 nercent of
the ori�inallv annroved sneci exc ention site sauare foota�e and havin� construction costs of
less than � 100 00 00 once within anv twelve month neriod (this catesorv contemnlates a chanse
to the existin� structure's footurint. and ot her site related revisions that flow therefroml.
__ _
a Anblicant shall submit the nrocessin� fee in an amount est bv resolution
of the Villa�e Council and on file in the Villa�e Clerk's offce. `* �� en � e,�c � e f�ule�
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b Review and annroval re�ardin� the continuin� sbecial exc�ntion use is nrovided
bv the Communiiv Develonment Director followin� which the annlicant shall submit an
a�nlication for site nlan modification
When reviewin� small scale exnansion enlargement or revision the Communitv Develonment
Director shall make a determination that such exnansion enlar�ement or re doe not result
in a violation of the reauirements of Sections 78-363 or 78-364.
f31 Lar�e scale — anv exnansion enlar�ement or revision to the site of an existin� snecial
ex cebtion use that does not aualifv as either small scale interior or small scale exterior. Such
exnansion enlar�em o r revision is subiect to the reauirements of this Division.
Sec. 78-.3�3 �63. Criteria.
Special exception uses to which this Division anblies as set forth in Sec. 78-362 °�a +'�°;„ r°'°+°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 ����
(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 pazking 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-�4_ �. Findings required for approval.
Before any special exception to which this Division annlies 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.
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{33 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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(�8-} .�7 General compatibility with adj acent 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-� �64. Imposition of additional conditions and safeguards.
�a In addition to the criteria listed in section 78-363. the reauired anbroval findin�s ��s
listed in section 78-364 �8-�� and specific conditions �k�e� for the eae� particular special
exception use listed within the annlicable �a�is� 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 excention use is eranted bv the Villa�e Council. the use must conform to all the
anplicable resulations �overnin� the district where it is located, excent as mav otherwise be
determined for nlanned develonments. Failure to comnlv with all the annlicable re�ulations
�overnine the district as reauired bv the site nlan avnroval nrocess will void the �ranted snecial
excention use.
Sec. 78-�C6 �. Denial.
[The text of this section sha11 remain in full force and effect as previously adopted.]
Sec. 78-� �. Reapplication after denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78-�6$ �. Time limit for commencement of use.
[The text of this section shall remain in full force and effect as previously adopted.]
ec. 78-369. Ontional nre-annlication review nrocess.
Prior to submittin� a snecial e�cention annlication and committin� the resources reauired to
proceed throu�h the snecial excention annlication nrocess as reauired bv Sec. 78-370. an
abnlicant mav choose to narticinate in the followin� nre-annlication nrocess in order to �au�e
interest in his nronosed nroiect.
(1) Pre-annlication meetin�. A nre-annlication submitta.l meetin� shall be held with the
a nlicant and his desi�n team and the communitv develonment director and develonment staff.
The annlicant's nronosed use shall be reviewed and discussed in order to identifv anv issues with
the nronosed use. the annlicable use re�ulations and/or other annlicable reauirements.
(2) Concentual nresentation Based on the outcome of the nre-annlication meetin� the
a nlicant mav reauest to nresent his snecial excention use concent to the Villa�e Council in order
to receive further innut. This concentual nresentation is not a auasi-iudicial nroceedins, and no
ction shall be taken bv the Villa�e Council bevond discussion with the annlicant. Neither the
outcome of this concentual nresentation nor anv comments made durin� this concentual
nresentation bv anv Villa�e Council member or Villaee staff is a suarantee or assurance in anv
wav of the final action that mav be taken bv the Villa�e Council nursuant to a formal annlication
or snecial excention use as nrovided in Sec. 78-370.
3) Prior to bein� nlaced on a Villa�e Council a�enda for a concentual nresentation. the
annlicant 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 office. �( *{�_end ee sche�d_� � acco < in a�y*'*7i
b. Twelve conies 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 cobies of a brief exnlanation that the nronosed snecial excention use is
com atible with the surroundin� uses and the nei�hborhood in �eneral.
Sec. 78-3� 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
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requested, with particular reference to the criteria •_�~�'�°� �~�'�~�� 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 andlor 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. Tota.l project density.
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� f. The shape, size, location and height of all structures.
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(� �7 The proposed phasing of construction for the project if applicable.
{-�83 �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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exgi�ee�
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(�} 1�0 Twelve � aerial maps at 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 �3. Filing fee.
[The text of this section shall remain in full force and effect as previously adopted.]
Secs. 78-�.72 �9 --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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