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HomeMy WebLinkAboutOrdinance_18-11_11/10/2011 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 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 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 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 -IA 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), 1 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 paragraph 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.] (f) [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) Teguesta Fire- Rescue Department (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. (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 development or redevelopment proiect by agencies listed in this subsection of the dev or- redevelopment pmjecA must be submitted to the village prior to er-4 review by the village council pursuant to Sec. 78- 334(d) €x - aeeeeptaaee Y the (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). 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 2 Principal arterials C D (2) Sanitary sewer. Category Maximum Monthly Daily Maximum Daily Flow Flow (M?vID SF) Residential 93 gallons/capita/day 100 gallons/capita/day Nonresidentia 478 gallons /acre/day 516 gallons /acre /day 1 (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 gallons/capita/day Nonresidential* 2020 gallons /acre/day *includes irrigation. b. Maximum day water consumption: Residential 180 gal lons/capita/day Nonresidential* 3030 gallons/acre /day *includes irrigation. (5) Recreation level of service standards table. Area/activity Classification standard (nit/population) 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 3 Playground areas 1 acre /3,600 Beach access easements 1 per 1/2 mile of developed or redeveloped beach frontage Eire Flow Requirements. All development and/or major redevelopment must provide the necessary infrastructure improvements for fire suppression, including adequate fire hydrant placement, to meet the evelgpment's fire flow regujrements in accordance with NFPA # 1. Uniform Fire Code. Florida edition. (Z Pedestrian walkways. All development and/or major redevelopment must provide a minimum six foot wide continuo path o travel for a trians (sidewalks) Sidewalks shall be parallel to all roadway surfaces and be at least four feet from the edge of the roadway pavement. All sidewalk Wmr_ovements shall be Waaled and majnWned by the adiacent property owner Locatin set back. width and material shall be approved by the V'li lase. (i) [This paragraph shall remain in full force and effect as previously adopted.] 0) [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 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 fill force and effect as previously adopted.] (r) [This paragraph shall remain in full force and effect as previously adopted.] Sec. 7 8-332. Preapplication meeting. [This section shall remain in full force and effect as previously adopted.] See. 7 8-333. 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) Aftee 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, and easements, and section lines, aid water and 4 ewer lines, well and septic tank locations. and other existing important physical features on the site and on property adiacent to b. Exact location, use, height, and bulk of all buildings and structures. C. Finished floor elevation for all structures. and how vehieWar- tmffie m411 be sepaFated &am pedestrian and ediff t"es of tmffie. The eest of this study shfill be paid by the applieaa4. 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 open space 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 comprehensive traffic study, which shall br provided by an engineering firm mutually agreed upon by both the village wd the applicant The study shall be paid for by the applicant and shall include_ but not be limited to the f<� win a. Future right -of- -way dedications. b. Intersection improvements. C. Traffic control devices. d. Traffic generati on analysis. C. Distribution and assignment of traffic acces_s_. f Additional roadway needs. g. Traffic Safety standards, including the separation of pedestrian and vehicular traffic. (54M 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) 7 Preliminary storm drainage and sanitary sewage plans or statements If the Village determines that the drainage and/or sewage plans require 5 indepmdoA review, the applicant shall nay for such review by an independent engineer. (74M Architectural elevations for buildings in the development, and exact number of units, sizes and types, together with typical floor plans of each type- (8) 0 Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation systems. Plans shall also provide delineation of existing trees and information as to which trees will be reused or removed. (9)LIO Plans for signs, iy- 5ignage including size. location and orientation. Exterior lighting of all buildings parking areas and the overall site. addressing glare, traffic safety, economic effect and compatibility_ and harmony with adjacent properties. (1-0) Z Plans for recreation facilities, if any, including buildings and structures for such use. (-l-}-} 1M 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-) W 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. () 15 Such additional data as the applicant may believe is pertinent to the site plan. (-14} 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. " M 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) CU8 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. 0-7) lM 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 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.] 6 (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 4-5 lve 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 minim 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 4-5 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 minim 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.] (f) [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 �ernut bu t not later than 30 days after final application approval from the Village Council �' iehe• det '' = :.i�nc �.�a� as 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. 7 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. 8 Upon Second Reading this 10` day of November 2011, the foregoing Ordinance was offered by Council Member Humpage who moved its adoption. The motion was seconded by Council Member Brennan and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Tom Paterno X Vice -Mayor Vince Arena X Council Member Abby Brennan X Council Member Jim Humpage X Council Member Calvin Turnquest Absent The Mayor thereupon declared the Ordinance duly passed and adopted this 10 day of November 2011. MAYO4OFTEQUF TA Tom Pale ATTEST: �� „������������,,,,� Go Ol nlC�c,t'� tS' o� 0 Lori McWilliams, MMC ' m m Village Clerk 9 ��. y x95? O :a;