HomeMy WebLinkAboutOrdinance_19-11_11/10/2011 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 TX. 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, Applicability.
All initial requests for special exception uses as listed in this Cb anter. along with their related
accessory uses shall be subject to the requirements of this Division. In addition, any modification
to the use of a previously granted special exception, except for a modification that chan eg s said
e to a permitted me as listed in this Chapter . shall be subiect to the requirements of this
Division. Requests to expand, enlarge or revise the site of an existing special exception use shall
be classified and processed pursuant to the following three categori es:
(1) Small scale. interior - interior expansion, enlargement or revision of less than 10 percent o
the originally approved special exception site square footage and having constructi on costs of
less than $100.00.00, once within any eighteen month period (this category contemplates uses
located in existing shopping centers or similar structures, where no change to the overall building
foo rint is reauiredl.
a. Applicant shall submit the processing fee in an amount established by resolution
of the Village Council and on file in the Village Clerk's office.
Review and approval is provided by the Community Development Director.
following which, the applicant may apply for building permits.
(2) Small scale. exterior - exterior expansion. enlargement or revision of less than 10 percent of
e originally approved special exception site square footage and having construction costs of
less than $100,00.00 once within any eighteen month peri od (this category contemplates a
cane to the existing structure's footprint. and other site related revisions that flow therefroml.
a. Applicant shall submit the processing fee in an amount established by resolution
of the Village Council and on file in the Village Clerk's office.
b Review and approval_regarding the continuing special exception use is provided
by Community Development Director, following which, the applicant shall submit an
application for site plan modification.
When reviewing small scale expansio& enlargement or revision. the Community Development
Director shall make a determination that such expansio& enlargement or revision does not result
in a violation of the requirements of Sections 78 -363 or 78 -364, or a violation of any p reviously
imposed condition of approval.
(3) Large scale -any expansion, enlargement or revision to the site of an existing special
exception use that does not qualify as either small scale interior or small scale exterior Such
expansion, enlargement or revision is subiect to the requirements of this Division.
Sec. 78-30 33. Criteria.
Special exception uses to which this Division applies as set forth in Sec. 78 -362 and their- �- elated
use shall be permitted only upon authorization of the village council provided that such uses
shall be found by the village council to comply with the following requirements and-edw
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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.
Sec. 78- x_4.363. Findings required for approval.
Before any special exception to which this Division applies 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) Refuse and seMee areas, m4th p—al0eular refim-eiwe to subseetiom (2) and (3) of this seetion-
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.
( Utilities, with reference to location, availability and compatibility.
Screening and buffering, with reference to type, dimensions and character.
(18)U General compatibility with adjacent properties and other property in the district.
(14)M 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.
See. 78 -30 364. Imposition of additional conditions and safeguards.
(a) In addition to the criteria listed in section 78 -363, the required approval findinss u
listed in section 7_ 8 -364 78-363 and specific conditions lisWd for the each particular special
exception use listed within the applicable any paffieuler zoning district re do , the village
council may impose other such conditions and safeguards as it deems appropriate in conformity
with this chapter for the protection of the surrounding properties and the neighborhood or general
welfare of the public.
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(b) If the special exception use is granted by the Village Council, the use must conform to all the
applicable regulations governing the district where it is located. except as may otherwise be
ete, fined for planned developments Failure to comply with all the annlicable regula . s
governing the district as required by the site plan approval process will void the granted special
xception use.
Sec. 78-Mfi 365. Denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78 -M 355. Reapplication after denial.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec. 78 - 33A 357. Time limit for commencement of use.
[The text of this section shall remain in full force and effect as previously adopted.]
Sec, 78 -359. Onflonal pre- application review nroces
Prior to submitting_a special exception application and committing the resources required to
proceed through the special exception Oplication process as required by Sec 78 -370, an
applicant may choose to participate in the following pre- application process in order to _ gauge
interest in his proposed project.
(1) Pre -a plication meeting A pre - application submittal meeting shall be held with the
applicant and his design team and the community development director and development staff.
The applicant's proposed use shall be reviewed and discussed in order to identify any issues with
the proposed use_ the annlicable use regulations and/or other applicable requirements.
(2) Conceptual presentation Based on the outcome of the pre - application meeting, the
applicant may request to present his special exception use concept to the Village Council in order
to receive further input. This conceptual presentation is not a quasi - judicial proceeding, and no
action shall be taken by the Village Council beyond discussion with the applicant. Neither the
outcome of this conceptual presentation, nor any comments made during this conceptual
presentation by any Village Council member or Village staff is a guarantee or assurance in any
way of the final action that may be takken by the Village Council pursuant to a formal application
for special exception use as provided in Sec.
(3) Prior to being placed on a Village Council agenda for a conceptual presentation, the
applicant shall submit the following:
a Processing fee in an amount as established by resolution of the Village Council
and on file in the Village Clerk's office. [ "amend fee schedule accordingly "]
b. Twelve copies of sketches and diagrams sufficient to convey the conceptual use to
the Village Council. This may include site plans, floor plans and/or surveys.
C. Twelve espies of a brief explanation that the proposed special exception use is
compatible with the surrounding uses and the neighborhood in general
Sec. 78 -M MA. 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
requested, with particular reference to the criteria ivFWm fia&Ws under section 78 -363 #b
written findings under section 7$ -364, and other specific conditions, if applicable, which the
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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.
well and sepfie tank leeafiei3� md ethff existing impoAant physieel feawms in and adjoining the
prejeec
(6) 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.
(7) M6 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.
fl. Pementege of building eevemge.
1, P .,t., ..'....o.,
f The shape, size, location and height of all structures.
b. inter-seetion improvements.
e. T-Faffie eemml devices--.
(9) M The proposed phasing of construction for the project if applicable.
0.0) $M 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.
(� 1-) (D Proposed hours of operation for commercial uses.
(12) A dminage statement or- dfai*W plan as may be mquked by the -Allage or- its desigm4ed
(13) Size, leeation and ofiefftation of sigm.
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"MQ Twelv Tm aerial maps at a minimum scale of one -inch equals 300 feet, showing the
site in question with paved boundaries superimposed.
{4} (Ul A legal description of the land proposed for development.
(12) Current survey of the subiect nronerty.
Sec. 78 -&7 369. Filing fee.
[The text of this section shall remain in full force and effect as previously adopted.]
Secs. 78 -M 370 - -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.
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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.
MAYOR OF TEQUESTA
Tom Patel
ATTEST:
9 m U)
Lori McWilliams, MMC (P ' .
Village Clerk 19 �oQ,��,,•�
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