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HomeMy WebLinkAboutDocumentation_Regular_Tab 084a_08/12/1999 MEMORANDUM TO: Thomas G. Bradford, Viltage t�anager FROM: Scott D. Ladd, Director of Community Development �� Kara L. Irwin, Planner I�� / DATE: August 5, 1999 SUBJECT: Public Hearing for- Special Exception Use Tequesta Village Center — Yillage of Tequesta 490-222 Tequesta Drive (Cucr-ently Known as Tequesta Plaza) Large Scale Retail Sales and Service Parcel 3, Building A Class�c Dreamcars Inc. Torn, attached are nine#een (19) packets including an original for the above referenced Public Hearing. Please place this item on the agenda of the August 12, 1999, Village Council meeting. Staff recomm�nds approvaL An examination of the special exception criteria by staff indicates the following: • The proposed use is a valid use for consideration by th� Viltage Council. • The proposed use has been reviewed by police and fire-rescue officials so as to ensure it is design�d, located a�d proposeci to be operated so that the public health, safety and welfare will be protected. • There should be no adverse affect on the value of surrounding properties. • The use is compatible with adjacent development and the character of the zoning district where it is to be loca#ed (M-U, Mix�d Use Zoning Dis#rict). • Adequate Landscaping and screening is provided as required. • Adequate off-street parking and loading_ is pcovided in accordance with the code requirement and ingress and egress is provided and causes minimal interFerence with tcaffic on abutting streets, (Long-term Reciprocal Parking agreements included in the packet). • The use conforms to all applicable regulations of the M-U, Mixed_ Use Zoning District. An examination of special exceptior� standards indicates the folfowing findings: MEMORANDUM TO: Thomas G. Bradford; 1Ji1{age I�anager FROM: Scott D. Ladd, Director of Community Development �� Kara L. Irwin, Planner �� �' DATE: August 5, 1999 SUBJECT: Public Heacing for Special Exception Use. Tequesta Village Center — Village of Tequesta 490-222 Tequesta Dr-ive (Curr-ently Kr�own as Tequesta Plaza) Large Scale Retail Sales and Service Parce! 3, Building A Classic Dreamcars Inc. Tom, attached are nineteen E19) packets including_ an original for the above referenced Public Hearing. Please place this item on the agenda of the August 12, 1999, Vil(age Council meeting. Staff recommends approval. An examination of the special exception criteria by staff indicates the following: • The proposed use is a valid use for consideration by th� Vilfage Council. • The proposed use has been reviewed by police and fire-rescue o�cials so as to ensure it is d�sign�ci locatecf and propos�d to be operated so that the public health, safety and welfare will be protected. • There should be no adverse affect on the value of surrounding pcoperties. • The use is compatible with adjacent development and the character of the zoning district where it is to b� located (M-U, Mix�ci Use Zoning District). • Adequate Landscaping and screening is provided as required. • Adequate off-street parking and loadi�g is provided in accordance with the code requirement and ingress and egress is provided and causes minimal interference with traffic_ on abutting streets, (Long-term Reciprocal Parking agreements included in the packet). • The use conforms to al! applicable cegulations of the M-U, Mixed Use Zoning District. An examination of special exceptio� standa�ds indicates the followir�g findings: R � • The proposed use is in compliance with all the elements of the Village Comprehensive Plan. • Th� ingress/egress to the property and proposed structures provide for automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fir.e or catasttophe_ • Off-street parking and loading and refuse and service areas provide for automotiue and pedestrian safety and convenience, traffic flow and control, and access in the case of fire or catastrophe. • The applicant pcovided letters from the Utilities provider.s conceming availability. • The signage proposed for the project is in harmony with the �ntent and purpose of the Mixed-Use District. Staff Comments: JMZ Tequesta Properties Inc. cequests approval for a special exception use Large Scale (3500 SF or greater) Retail Sales and Service for Building "A" of the Tequesta Village Center Master Si#e Plan. JMZ Tequesta Properties Inc. requests 6,000-8,000 Square Feet of retail sales and service space for Classic Dreamcars, which requir-es a- special exception use approval since the area is greater than 3,500 square feet. The applicant has met all requir.ements of the ceview pcacess. Staff recommends approval with the following conditions: 1) Outdooc parking and/oc display of vehicles is- prohibited even if the vehicles are properly registered and tagged. 2} Trucks, tractor trailers or other transport vehicles should not be allowed to park on the property except for short-term, temporary parking necessary to Inad and unload .vehicles. �) Allow a minimum time in which Dreamcars may remove cars foc� the sole purposes of test driving or cleaning the showroom floors. /kli � . VILLAGE OF TEQUESTA �- 5 a 33 •ts" � DEPARTII�NT OF CON4vIUN1TY DEVELOPIv�NT , - �' � o Post Of�ce Box 3273 • 357 Tequesta Drive � ��C� � ( °� �j ; o Tequesta, Florida 33469-0273 • (40�575-6220 '�,� . ` Fax: (40� 575-6239 N tOUN VILLAGE OF TEQUE'STA APPLICATION FOR SPECIAL EXCEPTION THE, tINDERSIGNED REQOESTS A SPECIAL EXCEPTIQN FOR THE OSE SPECIFIED BELOW. SHOULD THIS A�'PLICATION BE; APPROVED, IT IS UNDERSTOOD THAT IT SHALL ONLY AOTHORIZE THAT PARTICULAR OSE DESCRIBED IN THIS APPLICATION AND ANY CONDITIONS OR SAFEGUARDS REQUIRED HY THF VILLAGE OF TEQUESTA. NAME OF APPLICANT:.; JMZ _TecTUesta Properties Inc. DATE: 7-19-99 MAILIi�1G ADDRESS 1 96 Teqn s Drive� m �j �_ a,. Fr._ 33469-0273 PHONE NUMBER: �HOME) tBUSINESS> 561-575-6220 LOT/PARCEL ADDRESS: Parcel 3. No_rth�ast-_ c�rner LOT: BLOCK: SUBDIVISION: FROPSRTY CONTROL NUMBER: 60-43-40-30-00-000-7045 � � EXISTING USE:Sho��inQ Center (Tequesta Plaza 190-222 Teauesta Drive) DESCRIPTION OF SPECIAL EXCEPTION: Dream Cars in Buildinq�A, �a�ce-1-3. _T�ant_Gpace over �500 sg�t_ Special Exception for 8000 Sq. Ft. PROPERTY OWNER JMZ Tequesta Pro erties Inc. NOTF: BPPLICANT SHALL INCLUDE THE F4LLOWING WITH �HE APPLICATION: 1. CUR.RENT SURVEY OR SITE PLAN OF PROPERTY SHOWING STRUCTURES AND SETHACKS. 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL EXCEPTION OSF. 3. WRITTEN APPROVAL FROM PROPERTY OWNER IF OTHER THAN APPLICANT. 4. ANY OTHER DOCUMENTATION QERTINENT TO THIS APPLICATION. 5. TWENTY-TWO C2Z) COPIES OF ALL SUSMITTALS. 6. APPLICATION FEE OF IV UNDRED (�500.00) DOLLARS. (ALSO AFPROFRIATE GOMMUNITY P C BO SITE PLAN REVIEW FEES.) APPLICANT' S SIGNATORE: 2� � �7 � Recy d Pap DATE NOTICE OF PUBLIC HEARING SPECIAL EXCEPTION USE SITE PLAN REVIEW VILLAGE OF TEQUESTA THURSDAY, AUGUST 12,1999 � 7:00 P.M. Public Notice is hereby given that the Village Council of the Village of Tequesta., Florida, will hold a Public Hearing during the Village Council meeting Thursday, August 12, 1999, beginning at '7:00 P.M., in the Village Hall Council Chambers, 35'7 Tequesta. Drive, Tequesta, Florida, to consider: • An application from JMZ Tequesta Properties Inc. for a Special Exception as provided by Section X(J), Special Exception Uses, of the Village of Tequesta Zoning Ordinance No. 355, as amended, for the Tequesta Village Center, at 190-222 Tequesta Drive, on the property currently known as Tequesta. Plaza, within the M-U, Mixed Use Zoning District of the Village of Tequesta to allow for: � an approximately 8,000 square foot classic car showroom (large scale retail sales and services) on Parcel 3, Building "A" • a restaurant on Parcel 3, Building "A" • Civic/CulturaUPublic Use on , Parcel2, Building "D" • An application from the Village of Tequesta. for a Special Exception as provided by Section X(J), Special Exception Uses, of the Village of Tequesta. Zoning Ordinance No. 355, as amended, to allow for Civic/CulturaUPublic Use on the property proposed for the development of the Tequesta Village Center, Pazcel 1, Building "C", currently knowx� as Tequesta Plaza, 190- 222 Tequesta. Drive, within the M-U, Muced-Use Zoning District of the Village of Tequesta. The above Special Exception applications were submitted in conjunction with the applications of Site Plan Review for the Master Plan of the proposed Tequesta Village Center and Site Plan Review of Building "A", �. portion of the Tequesta Village Center. The Applications for Site Plan Review as provided by Sectian X(M), Site Plan; Prerequisite to Building Permit Issuance, of the Villa.ge of Tequesta Zoning Ordinance No. 355, as amended, provides for Village Council Review of the Tequesta Village Center, a 4.83 acre parcel, currently known as Tequesta Plaza, to be redeveloped within the M-U, Mixed Use Zoning District of the Village of Tequesta.. At such time and place, the Village Council will hear a11 evidence in support of or in opposition to this application. You are advised that if any person decides to appeal any decision ma.de by the Village Council with respect to any matter considered at the Public Hearing, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony upon which the appeal is to be based. PLEASE GOVERN YOURSELVES ACCORDINGLY. Village of Tequesta For the Village Council � Ron T. Mackail, Mayor s ectfully, � Kara L. 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VII TEQiJE3TA CODE 3ec.'S?�TI; Sec. vI1 APPENDIX A—ZONING Sec. reational needs of village residente wk��h co�- ' deaigned to aerve residential neighborhoods of the � ' serve certain envlronmeaEelly eenaitive areea, and � lage. Orientation to and compatibility with neight which permit liraited recreational usea while con• � hooda to be served are essential. Residential uses serving the enviros�ment and naturat featurea of intended to encourage the accomplishment of a m thoae areea. c�mplete residential living environment through application of imaginative approaches to commur (b) Perrz�itted uses: � development which establish neighborhood identity � 1. Golf c�uraee. _ focus consietent with values of the Village of Teque, 2. Neighborhood and coma�unity public recreational It is furEher the purpose and intent of this area fg ��� _ provide landa for a range of residential uses from lo� 3. Ct�lturnl and civ4e centere. denaity single-family to higher denaity residential u 4. ' Coneervation areea. • Traffic circuTation shauld not only accommodate ve' 5. Accese easemente. ular traffic, but provide for the eff'icient movemen 6. dtt�er eimilar reareational uaee. . pedestrian and bicycle tr�e. , • � (b) Scope.of district. (c) Accesaory uses: 1. Although mixed-use development produced in c 1. Any acceeaory uee �ustomarity ineidental to s per• „ : pliance with these provisions and requiremE �nitted uee. � ' ar;d other regulations as eet forth and detaile� (d) Special �zceptiona: �`` fi �`"� this zoning ordinance may depart from the st application of property development regulati 1, R,equir.ed fflr all permitted atid acceasory uses• expresaed in tlus ordiitance, sueh developments (e) Pmhibited uses and s�rucEurea: to be in compliance with the Village of Tequi � Compreheasive Development Plan and platte 1. l�ny uae. or atructtire not epecitie.ally or bq reason� record in accordance with the procedures for able implication permittec� herein as a permitted proval of subdivision plats in the Village of use, acceseory uee or permisaibie by apeeial excep- � questa Subdivisioa I�,egulations. The mixed-usE tion. velopment provisions aet forth in this section s (9) MU Mixed-use District. � . be utilized in the review of all future developa oae and inten�� af the proposa�s for the special planning area as idE (a) [Purpose of district.) The purp �ed i� Policy 1.12.1 of the Future Land Use mixed-uae district is to establish a village center which ment, as designated• on �he Future Land Use l creates a vital, diveree core far the principles which contained in the Village of Tequesta Comprel utilize mixed-uae development concepts and which � sive Development Plan and as identified on permit a combination of ueually separated uaee �►ithin Village of Tequesta Comprehensive Zoning ] a unified development district area. Natural features as District MU. ahould be enhanced and environmental'conditions care� . fu}ly asaeesed. Commercial ueea ere intended to be 1� (c) Conflict with other applicable regulations. ited to specislty small. sc31e� retail sgles anc�;serv�ceg�., . ;, - - 1. Whe�e conflicts exist between these mixed•uae businees servieea and profesaional seraices: pr�rnarily trict special regulations and general zoning, �.,9upp. I�io. 24 1138:2 • Supp. Na 2� 1138.3 Sec. VII TEQtlE3TA CODE Sec: VII Sec. VII APPENDIX A—ZONING : Sec. VII division and ot�er.applicable o�dinsnce provisions, (2) Provide agreements, 'covenants; contracts, theae epecial regulatione sl�all apply. . deed restrictions or sureties acceptable to (d) Genero.l tequirements and spieciad regalationa. , the village for completion of the under- taking in accordance with the approved 1. The follovving generat requirements and apecial site plan as well as for the continuing op- regulationa ehell apply to planned mixed-use de• � eration and maintenance of such areas, velopment within the mi�ed=uae district: fun�etions, and facili.ties as are not to be a. Location. A planned mixed-uae de�elopment provided, operated or maintained at gen- is permitted :only fn the special plann�ng die- eral public expense. tri�ct identiified by Policy 1.12.1 of the Futuxe. (3) Bind his development successors in title Land Use Ele�ient, a�e deai�ated �ori'.�he� FuY to any commitments made under (1) and . ture Land Uae Map contained wit��:t�.e=V�1. (2) above. lag�e of Teq�uesta Conipreheneive Deve�op;tne�t � Ple,n �nd a� ident�fied on t�e Village of Te• d. Density. For the purpose of L•his provision, ii queata Co�nprehenaive Zoning Niap as Dis- . dwelling units are to be developed as part of a t �� �. proposed development within tlie mixed•use b. Configuration of aite. Any �ract of land for " district, the total number of dwelling unit� which a.plannetl rnixed-uee develop�ent a�- permitted in the mixed-use district shall bE co�puted on the basis of eighteen (18) dwellin� plicatio� ie made ehall contain euffici�ent u�t� per gross acre for all residential use� width, dept�, and fraAta�g�e on. a pulilicly ded• with the exception of ACLF's which shall b� i+cated arteria� or m�jor� atre�et or agpropriate computed on the basis of twenty-four i24 accesa thereto to �ctequately accommodate iL�s dwelling units per gross acre. p�oposed uee and de�sig�. � e. Building height. The' maximum buildin� c. Ua�ity of ti+E�e. A1'l lan�d included for p�rpoee of � height allowed shall be six (6) atories or eighty � develop�er�t witl�in a piariaed a►i�cec�-ttse de• four (84) feet above average £inish grade. velopment ahali �ie �rnder unity o� title of the . petitioa�er foz au•ch z.o�niag deaign�tio�n, (e) Site plan r¢view. In adherence to Poliey 1.12.1 of th whet�•er that petitio�ter be an iMCbividual, part- . Viliage of Tequesta Comprehensive Developinent Pla� ner-sliip or corp�r�tion, o� s�roup of indiaid- Future Land Use Element, all proposed developmen �a�s, parknersh�pa or earporatio�s. T��,petiir . . plans for the mixed-use district shall be subject to rE • tio�er s�i �reseat tir�� �ridei;�+ce of �ke ��nit� . view and approval by the village council. of ti�le o#'the entire area wi�Ehin th� pi�tpos� (fl Urban design principles. p�l�ried mixed-t�se develo��ne�t and eh�� L. The following urban design principles shall be co� • state agreiern��t tbat, � he proceeda with the sidered as guidelines in all development proposa , propoeed developr�xemt, :�e w�: � of the mixed-use district. (1) Do ao in gccord �i;th t�e �cia11�► a�p- � a , Z']igt mixed use promotes ecenomic and soci: prov�d ai+te p1ar� of t�e development,��d well•being. a��h. ot�rer co�ditions Qr m�ca�Eiona aa' b. The streets serve the needs of the pedestrie . �nny �e att�ached to ��e gp,grov�. and the automobile. � 3u�. No. 2� � 113g Supp No. 24 � 1138.5 Sec. VII TEQUESTA, CODE Sec, VII �' �; �pE�� A—ZONING Sec. VII c. That propoaed equares and plazas provide� co1- 8. Recreation/open apace. lective identity and a place for social activity *Maximum three thousand five hundred (3,500) and recreation. ' square feet gros.s leasable area allowed for each d. That public buildings, facilities, and spaces tena5nt aree or individually owaed unit. are symbols of the community and conaey iden- (i) Special exception uses. . � tity and pride through their archiEecEu�r�1 1. Restaurants (includin c out). clarity and civic functions. �: g�T3' e. Tha�t carefully placed buildings deline���'��t1 � 2 Public buildings and facilities. define public spaces and lots and blocks. 3. Churchlhouse of worahip. f. That streets are designed and act as ameni• 4. CivickulturaUinstitutional. tiea to the development and as quality public 5. Private schools/schools of instruction. space. (g) _ Urban design objeetives. � 6. Bed and breakfast. � 1. The following urban deaign objectivea shall be con- 7• Hotel, sidered as guidelines in all develo.pment proposals 8. Adult congregate living facility (ACLF). of. tbe mixed-use diatrict. 9. Gasoline service statioa (only fronting on U.S. a To bring many of the activities of daily living, Highway One). including dwelling, ehopping and other a�iv� 10. Private clubs. . itiea, within walking distan�e. � . 11. Railway station. b. To reduce the number and length of automo• 12. Planned residential development (PRD). bile trips to relieve traffic congeation. 13. Planned commercial development (PCD). c. To provide internal velucu�ar circulation to relieve traffic impact on arterial roads: 14. Permitted usea numbers 4, 5, 6, 7 aad 8 in d. To provide de�ned public spacea and-stree�a. excesa of three t�ousand five hundred (3,500) that allow the citizens to observe attd: v�►�,#�h square feet Qarge scale retail sales and service) over the •collective securi�y. which are in confarmity with the intent and e. To provide aitee for civic buildings. • int�grity of the district. f. To proyide flexibility for the development ' 15. Resta�urants, fast food, subject to the following strategiea that evolve over time. conditiona: (h) �ermitted uses. a.. ��ach drive-up window atacking lane�must 1. Sin le-�amil dwellin . be clearly designed and marked so as not g Y �• to conflict or interfere with other vehicle � 2 Twafamily dwellings � • or pedestrian traffic utili2ing the site. 3. Multiple-femily dwellings. * b. A by-pass traffic lane shall be provided if 4. Small-acsle retail salea and aervice. a one-way traffic flow pattern is utilized 5. Busineas aervices.�" in the arkin lot desi 6. Profesaional aervicea. * p g �' 7. Personal servicee.' � c. All reataurants, fast food, shall be re- ' � stricted to U.S. Highway One frontage. , ,. - 8upp. No. 2+1 , 1138.6 Supp. No. 26 1138.7 Sec. VII , Z'�QUESTA CODE 'Sec. VII Sec. VII APPENDIX A—ZONING Sec. VII d. A m�inimupn f�een (15) foot ��c�s�'�pe (m) Property deueloprreent atandards. Property develop- bu$er shall be provid3ed at al� pub�i�' �t�ad ment Btaadards for the mi�ced-use district shall be as righta-of wa3►, i� addition to the require- set forth below. However, as part of the review and ments se.t farth i�a Seetian X(H) Landscap- approval process � by the village, the village council iag: Geae�ral requireme�ta. . may modify the property development standards, at (j) Accessary uses. ita discretion, provided the spirit and inteat of the regulations and standards are complied with in the 1. Any accesso�ny us� cueta�narit� incic�ental to a development of the mixed-use district. permitte� use. ' . ' 2. Private gatagee, a�m�m�g pools, ap�as �ad hot 1. Parking requirements. On-street and off-street � tu�i�ie, ca�anas and aaunaa, greenhous�e;'�ent�i� parking shall be allowed within the mixed-use eourts, cl��atsaee, u�ality #uiidings, �gazeboe� district. The minimum number of required �d any ot3�e�r si�ni�lar use dee�ned apgrapriate parking .spaces to be provided ahall be deter- b�► the buiiding Q�cial. ,....:.. mined from Section VIII(H), off-street parking (1�) �Zanned �n,ixed-�tse deu�Zopm�,t (1°MUD)., space requirements, and may include a combi- 1. Req�i�,red fe� s�l psrmit,ted, �pecisl �'eXCeptic�i, nation of on and off spac�s. When aad acceasory �ses wi�in the mixed-use dis- using oa-street pazking to meet a portion of the tri�t except �erta or par�cels.s�'�ees th� �1�e�(3.) required parking for a propoaed project, only aeres. thase apaces that lie within the street frontage - areas of the property may be included in the (1) �rahibited uses. " total calculations for meeting the minimum 1. �o�esale. required parking requirements. 2. �areho�ses. � ' �. C� vvash F�l�at is aot an ,�eceas�ry us�). 2. Streets/rights-of-way. The minimum w.idth of rights-of-ways within the MU district are as � 4. �oxe�. followa: 5. 11�otor vs�i�cie �e�Ier. a, Major street (collector) 50 feet �. �Pawn s��t�� 7. Fu�1-ae�r:ice � s�a.ti�/g�ao��ne servfce .sta- b. Minor street (collector): �ian, � Zt�vaway street 50 feet S.. Pt�a ����te, �oa� or e�tdoa�. � One-way atreet 42 feet 9. A,��mca�a�de �eg� far.i�ties, in�luding garagas sa�d �►d� ��a�s. ; 3. Drainage (streets/rights-of-way). Raised curb lA � o �. �� }�� �� ��.�� �.�_ and gutter drainage systems shall be the pre- ,�� ferred method utilized within the MU district. i�.. �a� at�r �ae or e�aruez�e �Qt,s,peci8c���.or b� Alteraate drainage systema shaA be approved , reamc�a�i�e �p�ica#,io� per�i�te�� here.�i: as a at the discretion of the village council during .. �e�ted ��ee, a�i.al ��x#�� us� `or''`��cces� the site plan rev�ew process far a proposed $Q � � planned mixed-�se development (PMUD). Supp. I�A. 2fi il�'$.� • Supp. No. 26 1138.9 Sec. VII TEQU�E�TA CODE Sec. VII Sec. VII APPENDIX A-201VING Sec. VII 4. Sched�ie af si'te regulations. ' h. Minimum landscaped/ open space: � a. Nlini3au� iot siz�e: , 3�U0 square . ftesidential 25% • ���t Commercial 25% , � b. l�ni��tm iot wi�th: 40 feet 5. Landscaping requirements. Off-street parking c. 1�Iaxi�� lot :co�erage: � ° facilitiea and all properties within the MU R�sid�al s2% ����� Diatrict shall be landscaped in accordance with Fdr a siagle mini- 60% . ' Section X(H), Landscaping: General Require- a��m s�ized �Iot ments. .�At �►o ar �ore ��ts 70% 6. Signage requirement�. All wall, free-standing, tr� pa�rc��a i� e�ees monument, ceiling-mounted walkway, project gf �e ��n�ta � identification, composite, chaageable letter and si�.Iat v�er �ity :`,�:`',:: :;:� similar aigns and/or signage ahall be in keeping ��� � with the purpose and intent of the Miged-Use d. ���u�n fro� y�rd aet- :� • District and ahall be aubject to review and ��: approval by the Village of Zlequesta. Subsec- Resic�eatia� 10 �eet tions (A), Intent; (C), Permits Required; (D), Co��e�i� 0 feet ' � ' Application and Permit R.equirementa; (E), Is- e. 1��mum �ide yard se� ' suance of Permit; (F), Permit Fees; (G),, Paint- �::�; ..: .- b ing Requirements; aad (H), Wind Pressure and Reeit�er��i�l Dead Load Requirements, as set forth in Sec- -0� orte aic�e 0 feet tion XII, Sign Regulations, of the Zoning Ordi- , (� �em�g side 7�eet nance shall apply within the MU, Mixed-Use • ,� District. Oh �a�h es�es v�he��e � feet � (Ord. No. 370 § 4, 8-11-88; Ord. No. 375, § 1, 10-13-88; Ord. No. ccr���rci� .�bn�a 379, §§ 2,, 3, 12-13-88; O�d. No. 390, § 1, 9-14-89; Ord. No. 415, § ���� 2, 10-25-90; Ord. No. 417, § 1, 1-24-91; Ord. No. 453, §§ 1--4, � �ere ce��ercial 7 feet 5-2?-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4, �;��� r �: i ��� 2-10-94; Ord. No. 479, §$ 2-4, 11-10-94; Ord. No. 499, §§ 1-4, � ��,�� ���, �,� $ � t _ ,. 9-28-95; Ord. No. 510, § 2, 1-Y1-96; Ord. No. 516, §§ 1-3, 6-27-96) � b�ck: • Re�Yeht�al T°� �fe�t�:' Co��er+cia�l � �e �co���c:�al � feet ., . �ts co�m��cia'i �ere �co�m�erc�al 10 feet �b�s a.�s� ` g. 1V�i�ia��m l��t�g aae� .re- ... Nat ���lica-� • c�t���te��e: b��e - 3npp. No. 2S ���B,��D �upp. No. 26 1138.10.1 (J) Special Exception Usea. 8ec, X APPENDUC. A—ZONING Sec. X (1) Statement of Purpoee. The development end execution of a atiantially uniform: It is recognized, however, that there are cer- zoning ordinance is baaed upon the division of the village into tain: us�ee- and feaLurea w;hich becauae of their unique characteris- diatricts, within which the use of Iand and structures and the tice, cann4t be diatinctly class�ed or regulated in a particular bulk and location of btructures in relation to the land are sub- dia�rict or districts, without conaideration in each case, of the impact tnf such usea and fegtures upoa neighboring uaes and the surtouadix�g arera, compared with the public need for them at � pac�tiCular, locatione. Such uaes and featurea are therefore treated � , �. . � aa � apecial exceptions. A special exception . is not the automatic ' right of any applicant. Suyp. No. 2s 1178.8.1 f2) Cr3teria. Special exception uses and their related accessory uses or any expansion, ettlargement, or modification of an exist- . ing apecial exception use shall be permitted only upon authoriza- tion of the village.cout�cil provided that such uses shall be found ', by the villege council to comply with the following requirements �- -� -- � -- -• $nd other applicable requirements as set forth in this ordinance. � (a� That the proposed uae is a permitted apecial exception use, .(b) , 3'hat the use is so designed, located and proposed to be � � ,,, ., . �perated ao that the public health, eafety, welfare and , . , .morals will be protected. (c) ' That the use will not cauae substantial injury to tlie valu� . of other property in the neighborhood where it is to be located. . (d) That the uee will be compatible with adjoining develop� ment and the proposed character. of the .district where it ie � to be located. � . . (e) That adequate laadscaping and screening is provided e�R required herein, .(fl That adequate off-street parking and loading is providec �• � , and ingress and egress is so designed aa to cause minimu�r , interference with traffic on abutting atreets. . (� That the uae conforms arith all applicable regulations gpv ' �--- • erning the district where located, except as may otherwise ' ' ' be determined for planned developments: (3) Findinge. Before any special exception is granted, the vi� lage council shall apply the standards set forth herein and shal: � supp. No. 21 1178.9 Sec. X TEQtJE3TA CODE Bec. X 3ec. X APPENDIX A—ZONIIVG Sec. deter�nine that satiafactory provi$ion and arrangement of Ehe '(fl Uxilitiea, with refer.e�ce to location, availability an following factors have been met by the petitioner, where applieabie, . , compatibility+; � � - (a) Compliance with all elementa of the Village of �Teq��� � � '(B)� Sereening and buffering with reference to type, dimension Comprehensive Plan; ' � �.. and character; �. , (b) Ingreae and egress to progerty an� proposed str.uct�rea• (h) Signe and proposed exterior lighting with reference to g1arE thereon with particular reference to automotive.: a�d ,ge- traffic safety� economic ef�ect and• compatibility and hai destrian safety atid conven�ence, trat�ic �t]ow and con�rol. , .n:aay with properties in the �disErict; •. and access in case of fire or catestrophe; � , .�(i) Required yards and other open space; (c) Off=street parking and loadiag area where•required with ' ,�j)� General compatibility with adjacent properties and othe , particular attention to the items in (b) above; property in the district; � (d> Refuae and service areas with partiicular reference to iteme ;(k) . Whether the change s�ggested is out of scale with th� (b) and (c) above; • � � . needs of the neighborhood or the vil�age; (e) Nuisance factors detrimemtal to adjaceat and nearby :prop- .(1) Any special r�quirementa set o�t in th� Schedule of Sit� erties and the village as a whole. Nuigance faetore ahall �Regtilationa for the partic�lar uae iavolved. � include but not neceeeerily be limited tn noiae, odor, amoke, . glare, electrical interference �end/or mechanical vibrations; (4) Conditions and safeguards. In addition to the standard� listed above and speciFc conditions listed for each particula: � special exception listed within any particular zoning district, th� village, cauncil may impoae other such coriditions and safeguard, as it deems• appropriate in coaformity with these zoning regula tions for t'he protection of the aurrounding properties and thi neighborhood or general welfare of the public. (5) Denial. Should the village cuuncil deny s apecial exception . it• shall'state fully for the record the reaaona for dvi�g ao. Suc� reasons shall take into account the factora uader subaeGtion (3 _. above and all other� conditions and particular regulations relat ing to the speci#ic special exception requested. •. (6) Limitations on the filing of a special exception. '(a) Whenever village council has den.ied an application for � ' special exception, the village shall not thereafter conside� � any further application for sp.ecial exception on any part o ar all of the same property far a period of twelve (12 months from the date of such action. �(b) The time limits of aub�ection (a) above may be waived b� . �� • three (3) affirmative vo.tes of village coune€1 when suc2 Supp. No. 21 Supp. No.19 . 1i78.10 1179 . . S�. X TEQUESTA CODE . Sec, X , Sec. 3C APPENDIX A—ZONIIV(3 Sec. X action ig deemed necessaty to prevent injustice or..to.facili- tate the proper development of the village. � ` 1. Scale, date, north arrow, vicinity aketch, title of the � project and total grosa acreage. (7) Time limita for special exceptions. A apecial exceptio�;.s,hall 2, The boundaries and dimensions of the property and it� commence within twelve (12) months from tihe d�te .of,grant: of .xel�tionship to the surrounding road system inalnding the apecial exception unlesa extended by action of village.cou�icil. ,. the,width of the existia.g trav.elwa�y (pavement). (a) Commencement of a epecial exception occurs upon Lhe fil- . 3. The location and dimension of existing man-made fea- ing of an application for a bu.i.lding�permit, preliminary tur�a auch as existing roads and atructures with indi- plat or site plan, or upon the initiation of significant action catioa as to which are to be removed, renavated or to sstiafy reqµiremetits for improvementa conta�ned in a �altered. ' • development order or other regulatory documents relating 4. The location of existing easem�nts, water aouraesl sec- to said special exception. � . tion lines, water and aewer lines, well and septic tank 5..<�=.:: location, and other existing important physical fea- (b) Only one (1)' extension ahall be permitted and� aha11 not tures in and adjoining the project, exceed aix (6) months. � . 5. .The �location and delineation of existing trees and in- (c) Special exceptions granted to any governmental uni,t- ahall • format;on as to which trees will be retnoved. be exempt from the provisiona of this subeection (7), uale'ae 6. Ident�cation of surrounding land uae, zoning:and ex- a time limitation.is made a apeci�c condition of the spe�ial . � isting buildings within one hundred (100) feet of the �xception. � � �� � petitioned site, as well as the zoning o� the petitioned ...... :.. ... .. . aite. (8) Special exception application process. ..;'� ;", . 7, A layaut of the propoaed lots and/or huildin� sites (a) A written petition for epecial exception shall be submitted . including the following site data: by noon on the 15th of the month or previous regular a. Finished floor elevation; '' � busines's day indicating �he section of theae zoning regula- b. Common open ar�a; tions under which the special exception is sought and` stat� ,• c. . Generalized la�dscap�ng and buffer areas; ing the grounds on which it is reques�ed, with particular d. Internal circulation patterns including o.ff-street '� reference to tl�e •written findinge in aubaection �(3) above� parking and loading faciliti�s; and other spec�c conditfon(s) if applicable which the vil- e. Total proj�ct density; � lage council shall addresa. 1'Me petition ahall include all f. Percentage of building coverage; material neceBSary to meet the requiremente of the devel• g. Percentage of impervioua surface coverage; opment concept plan liated below and any additional , in-. h. Percentage of open space areas; � • formation that will demonatrate that the grant of �apeci�i � i, The shape, size, location and height of all structures. exception will be in harmony with general intent and pur- 8. A trat�ic impact analysis as may be'�required by the pose of these zoning regulatioaa. village.ar its designated engineer including the following: �a. Future right-of-way dedications; (b) A petitioner seeking special ezception approval shall sub- b, Tntersection improvements; mit a development conc�ept plan on one (1) or more sheets c. Traff'ic control devices; of paper meaeuri�g not more than twenty-four by t�irE}►� d. Traffic generation analysis; six (24 x 36) inches and drawn to a scale aot smaller tliaa . � e, Distribution and assignment of traffic; one hundred (100) feet to the inch. The following.shall;b.e � .f. Additional roadway needs. provided on the development concept plan. �upp. No.17 1180 9upp. No.17 1181 ,�,;;' ��:, 3ec, & APPENDIX A—ZONING Sec. R Sec. X � � TE@VESTA CODE �. , �,� � ' �'��` standing any other proyision herein contained flailure ta .• 9. The proposed phasing .of conetruction for the project if . provide w�ritten notice to aay ac�jacent property owners applicable. � � shall not. constitute a jurisdictional defect provided that �0. Commercial, office and u8ea other than residentiat shall proper legal notice has been published. :���.�* .. provide the eatimated equare footage of the stru�tur�(�), tlae number of employeea, eatimated aeating,:aad •the . •(9) Filing fee. Upon filing an application for special exception, . esti�mated number of. ueera of the facili the applicant shall pay a fee to the village at the time of filing of ty, aucl� aa.:;�.�n. euch application. Said fee shall be in an amount as established in bere, etudeate and �atients. • Cha ter 16 of the Villa e of Te 11. Proposed. hour•s of operation for commercial uses. �'� "� � P 8 questa Code of Ordinances, shall 12. A drainage statement or drai�nag� .plan: ae may be not be reimbursable and is iritended to defray costs of administer- � require d by t he vi l lage or ita deaignated engineer. i n g, p r o c e s s i n g, a n d reviewing t he app lication. 13. Size� location and orientation•of�eigna. �*r� T..-:�...- •- T_...____w. o�.._...___ __ �,_L__.__ � 14. Proposed lighting of the premiees. 15. Ten (10) $erial mapa at a minimum ecal�e of one. (1) inch equale three hundred (300) feet,, ahowing the aite ia queation with peved boundariee au�erimpoeed .;.. � • 16. • A legal description af the la�nd •gropoeed for develc�ale`iiL. ;: � .;.� . (c) The applicgtion shall be revfewed by the lan�'dev��rt ataff within thirty (30) days of the eubmfeeion : d�sd��tre: Upon land development etaff review and analyaia oE all " - submitted materiale, t�e building official ahall forward a recommendation to the village cvuncil. ' � (d) A public hearing ahall be held by the village council. The � property.owner �nay, aPI��' P�'�nallq or by agent ar attorney. (e) Notice of public hearing ahall be advertieed fifteen (i5) and � five (5) days in advance of th�e public hearing in g�era►spg- per of general circulation in the area. The owner of, the property for which apecial exceptioa. is sought or hie agent or attorney deaignated by him ori the submitted petition � • aha11 be notified by mail. Notice ehall �be given by mail to ��"' all owners of property within a three hundred (300} g� � . radius of the boundary liaes of the property far which a � apecial excepLion is requested. The liat of property owners i within the atated radius ehall be provided by the applicaat � from the moat recent tax r.oll iaformation aa prov�de�';��q the PaTm Beach County Appraiser's O�ice.1'lYe':�ppl'i��'t must furnish aa affidavit signed by the person resgone�Tile . ' for providing the aforementioned liet. Netice of the public , heariag shall be prominen�ly poated on the property by the - applicant for which a special e$ception is aought. Notwith- .,,, Supp. No. l? 1182 � '