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HomeMy WebLinkAboutDocumentation_Regular_Tab 084b_08/12/1999 MEMORANDUM TO: Thomas G. Bradfard, �iHage �ttfanager FROM: Scott D. Ladd, Director of ommunity Development XJ� Kara L. Irwin, Planner �Ijt,� DATE: August 5, 1999 S�IBJECT: Public Hearing for Speciat Exception Use Tequesta Village Center — Village of Tequesta 190-222 Tequesta Drive (Currently Knowr� as Tequesta Plaza) Restaurant Use Parcel 3, Building A Tom, attached are nineteen (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 recommends approval. An examination of the specia! exception criteria by staff indicates the following: • The proposed use is a valid use for consideration by the Village Council. • The proposed use has been reviewed by police and fire-rescue officials so as to ensure it is designed, located and proposed 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 ad}acent development and the chara�ter of the zoning district where it is to be located (M-U, Mixed Use Zoning District). • Adequate Landscaping and screening is provided as required. • Adequate off-street parking and loading is provided in accordance with the code requirement and ingress and egress is provided and causes minimal interference with tra�c 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 excep#ion standards indicates the following findings: • The proposed use is in compliance with all the elements of the Village Comprehensive Plan. • The 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 fire or ca#astrophe. • Off-street parking and loading and refuse and service areas provide for automotive and pedestrian safety and convenience, traffic flow and cantrol, and access in the case of fire or catastrophe. • The applicant provided letters from the Utilities providers conceming availability. • The signage proposed for the pro}ect is in harmony with the in#ent and purpose of the Mixed-Use District. Staff Comments: JMZ Tequesta Properties requests approval for a special exception use, Restaurant for Building "A" of the Tequesta Village Center Master Site Plan. The applicant has met all requirements of the review process. Staff recommends approval with the following conditions: 1) The special exception must be renewed, once the approved tenant vacates. /kli . �a35 - VILLAGE OF TEQUESTA �-' •� � DEPARTMENT OF CObQvIUI�JiTY DEVELOPMEMT " �� I� .- •� �� Post Office Box 3273 • 357 Tequesta Drive C k- ; o Tequesta, Fiorida 334b9-0273 • (40�575-6220 '�, � ` Fax: (40� 575-6239 ° h couM VILLAGE OF TEQUESTA APPLICATION FOR SPECIAI, EXCEPTION THE. [1NDERSIGNED REQOESTS A SPECIAL EXCEPTION FQR THE USE SPECIFIED �BELOW. SHOULD THIS AE'PLICATION B� APPROVEll, IT IS UNDERSTOOD THAT IT SHALL ONLY AUTHORIZF THAT PARTICULAR USE DESGRIBED IN THIS APPLICATION AND ANY CONDITIONS OR SAFEGUARDS REQUIRED BY THE VILLAGE OF TEQUESTA. NAME OF APPLICANT:.JMZ Tequesta ro�rties Inc. DATE: 7 MaILING ADDRESS: 196 Tequesta Drive, Tequesta, FL. 33469 PHONE NUMBER: CHOME) (BOSINESS) 561-748-8883 LOT/PAR.CEL ADDRESS: 3�, Northeast Corner - -- , LOT: BLOCK: � SUBDIVISION: PROPSRTY CONTROL NUMBER: 60-43-40-30-00-000-7045 " EXISTING USE: Shopping Center (Tequesta Plaza 190-222 Tequesta Drive) DESCRIPTION OF SPECIAL �XCEPTION:: Parcel 3, Building "A" Restaurant,6000 Square Feet PROPERTY OWNER: 4 TMZ T�Questa Prc�� i_G Tn . � � NOTE: APPLICANT SHALL INCLODF THE FOLLORING WITH �HE AE'PLICATION: 1. CURRENT SURVEY OR SITE PLAN OF PRQFERTY SHOWING STRUCTURES AND SETBACKS. 2. DRAWINGS TO SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL EXCEPTION USE. 3. WRITTEN APPROVAL FROM PROPERTY OWNER IF OTHER THAN APPLICANT. 4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 5. TWENTY—TWO (22) COPIES OF ALL SUBMITTALS. 6. APPLICATION FEE OF F E HUNDRED t�500.00) DOLLARS. �ALSO APPROPRIATE COMMUNITY E E BOARD �ITE PLAN REVIEW FEES.) APPLICANT' S SIGNATURE: ��— 7- � � - � Recyele aper DATE NOTICE OF PUBLIC HEARING SPECIAL EXCEPTION USE SITE PLAN REVIEW VII.LAGE 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 rneeting Thursday, August 12, 1999, beguuung at 7:00 P.M., in the VilIage Hall Council Chambers, 357 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 approxirmately 8,000 square foot classic car showroom (large scale retail sales and services) on Parce13, Building "A" • a resta.urant on Pazcel 3, Building "A" • Civic/CulturaVPublic Use on , Parcel 2, 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 a11ow for Civic/CulturaUPublic Use on the property proposed for the development of the Tequesta Village Center, Parcel 1, Building ".C", currently known as Tequesta Plaza, 190- 222 Tequesta Drive, within the M-U, Mixed-Use Zoning District of the Village of Tequest�a. The above Special Exception applications were submitted in conjunction with the applica.tions of Site Plan Review for the Master Plan of the proposed Tequesta Village Center and Site Plan Review of Building "A", a portion of the Tequesta Village Center. The Applications for Site Plan Review as provided by Section X(M}, Site Plan; Prerequisite to Building Permit Issuance, of the Village of Tequesta Zoning Ordina.nce No: 355, as amended, provides for Village Council Review of the Tequesta Village Center, a 4.83 acre parcel, currently known as Tequesta Pla;za, 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 mads 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 ACCURDINGLY. Village of Tequesta For the Village Council Ron T. Mackail, Mayor ectfully, � Kara L. Irwin Planner Posted: July 28, 1999 SEE PAGE 11 � � , ��+�, �f,;�� o s ,� � J � Z .� � � � 4 r v� ���, .. ,.,�., . ��> «. . . � c,+ g � � � � � n � ' av�uE o � � � � �, � '� I ' � � 'o � � � � g o Z . o y � b A R� � v � � � � b � � � � � � � � � � � � � g o � � � h � O p TATURN AVENUE � � h � A �C b � � : b '� b � i� o � f � \\\\`�������0 ° i �' � n � � '� ������������� � � � � o � � � � �� �����a�"�a�a�`�� � � d i � tl i °� � n 5 � v a � e � . � � ��`� �i is�a°'���������������� y '� f� , � b y y � p � �� d�`�������������` � , '° � � ; p �� � �������� � y � "�I kG \\���� y ,�i � � y y �i � �" * \\\\�����\ ' � q t�j s,s "'"�q 5 VVA1AVA �� ,.�, "I �. ,�iu i f� �� AV��A � i i `� � � s k � ; v' 1 � � �'� �`�� � AV��������� A�\ � � � ' � �'� \� ��� o' � i O � I � I �' O� � '� � d ' � � ���� \V�����������V� AA\ 'Q� �,` � �:�i y � • � q AV E - v i ,, � ^ �\\\ � \\����\\ � : �� �� �1`�1 � � ,i� �k y \ \�\�\\ 1 � \ � \\ ..Rd ' � I \�� ' \ ,,: �A���\��\V���V\\���1A\ � � � � i y ��h�, o �' '�'� �. V� � � �� a' � � G � \�\�\\��\\�� °i . 1/�' ti � : � ir ` :� �U �: in � �� � O � • b '� ����������� ; I �Idl f r� i �n?.jpi � � ���� � �' I f i r F � "' , _ y rQ � � d o� ��4Y� i"�3 h f�j C [iJ '�l pJ G1 � � �� rl� � �, J i � � � y l�i O a1 m l�J O ,►�, � ����� u ���� r � � � � i Ai:+ a i i. � � ' � U n o n i ' `�h� ' ��, �� � �� � � y � � r ,, ' p �1 W A a ;�� o � QI o � ,Ii . � � � � � O Z O o + m � � � � � � � p � ti ie � � ' , '� � �I .b � � � � ��,. ` ' `4 J I � y � '� _ c S"`� t ` � � i�� ,� � � � � � tk � � d, . r � � �. °' ���'�` ' ` ° - <S 'ON '2fS) I 'aN Ay11FL9IH Sfi 4 . eT 391id 33S - Sec. VII TEQUE3TA CODE 3�c.'�II, Sec. VII APPENDIX A—ZONING Sec. V reational needs of village residente wkfch con• � designed to. serve residential neighborhoods of the vi serve certaxn environmentelly eeaeitive areae, and lage. Orientation .to and compatibility with neighbo which permit limited "recreational usea while, con• � hoods to be served are essential. Residential uses ai serving the environment end natural fea�turea of ititended to enco�rage the accomplishment of a mo� thoae areas. � �complete residential living environmenx through tt (b) Permitted uses: application of imaginative approaches to communit , development which establish neighborhood identity ar. 1. Golf couraea. _ focue consiatent with values of the Village of Tequest. 2. Neighbonc�od and comn�ttuity public recreaLional It is further the purpose and intent of this area 1 facilitiea provide landa for a range of residential uses from low� 3. Criltural and civia centera. denaity single-family to higher denaity residential use 4. � Conserva�ioa arese. • Traffic circulation should not only accommodate vehi 5. Access easemente. � ular traffic, but provide for the effcient movement 6. d�tl�er siu�ilar recreational ueea. . pedestrian anc� bicycle traf�ie. � � (b) Scope of district. (c) Accessory uses: 1. Although mixed-use development produced in cor 1. Aaq acceeaory uee customarily incidental to a per� pliance with these provisions and requiremen �nitted uee. ' �' •. -� � and other regu�ations as set forth and detailed : (d) Special excepliona: �# this zoning ordinance may depart from the stri � application of property development regulatio� 1. Requir.ed for all permitted and acceeaory uses. expresaed in this ordinance, such developments a (e) Proh,ibited uses and atruc�ures: to be in compliance with the Village of Teques� � Comprehensive Developnient Plan and platted 1. Any �ee. or structure not epecitically or bq reason• record in accordance with the procedures for a able implication permitted herein se a permitted proval of subdivision plats in the Village of T uae, acceeaory uee or permisaible by agec�al eacep- � queata Subdivision Id,egulationa. The mixed-use d tion. velopment provisions aet forth in this section sha (9) MU Mixed-use District. � , be utilized in tl�e review of all future developme� (a) [Purpose of district.) The purpoee and inte�� of the proposa�s for the speciat planning area as iden� mixed-use district is to eatabliah a village center whic� �ed i� Policy 1.12.1 of the Future Land Use E] creates a vital, divers� core for the rmc les which ment, as deaignated• on the h�ture Land Use Mf p � contained in the Village of Tequesta Comprehe utilize mixed•use development concepts and which � sive Devel�pment Plan and as identified on tl peFmit a combination of uausUy separ. ated uses �►ithin Village of Tequesta Comprehensive Zoning M4 a unifi�ed development diatrict area. Natural features as District MU. should l�e enhanced and environment�l �canditions carer r � . , fu�ly saseeaed. Comatercialuees are intet�ded to bq lssn•:, (c� Conflict r.uith other applicable regulations. ited to apeei,alty amall. ac:3le• r�tail seles and ser�ce's,; , 1, Whe�e eonflicts exist betiaeen these mixed•uae d; businees servieea end professional servicea p�an�y` . t�� $p�� regulations and general zoning, su � 9upp. No. 24 1135:2 • Supp. Na 24 1138.3 Sec. VII TEQiJESTA CODE See: �l'II Sec. VIl APPENDIX A—ZONING , Sec. VII division and other applicable o�rdihance provisions, (2) Provide agreements, covenants, contracts, theae special regulatione ahall apply. deed restrictions or sureties acceptable to � the village for completion of the under- (d) General i�equirementa and apecial regtzlations. taking ia accordance with the approved 1. The follo�+ving general requirements and special site plan as well as for the continuing op- regulations shal.l apply to planned miaced•uee de• � eration and maintenanCe of such areas, vslopment v�►ithin the mixed=use district: functions, and faeilities as are not to be provided, operated or maintained at gen- a. Location, A pla�ned mixed-use developrnent eral public expense. is permitted onlp in the special planaing clie- � tri-et identified by Policy 1.12.10� .t�e ,Futtia'e, (3) Bind his development successors in title Land Use Ele�ient, aa deeig�ated ari .�he:�'u- to any commitments made under (1) and . ture Land Use 1Vlap contained wit�,t�e't��- (2) above. lsge of Tequ�eata. Cosnprehensive Deve�opm��'t d. Density. For the purpose of this provision, if Plen �t�d se identtiied on t�e Villag� of Te- dwelling units are to be developed as pazt of a qtteata Co�prehenaive Zoning Map ,gs Dis- � proposed development within the mixed-use t �� �� district, the total number of dwelling units b. Coni`ig�ration of aite: Any tract of land for permitted in the mixed-use district shall be wha,ch a.planned rnixed-uee develop�ent �ap• � cornputed on the basis of ei.ghteen (18) d�velling plicgtion ie ma�e eha11 contain euffic4ent units per gross acre for all residential uses width, depti�, and frontage on. a pub�icly ded• with the exception of ACLF's which shall be �cafi� arteris� �or mejor street o�r appropriate computed on the basis of twentyfour (24) acceaa t�re�eto to adeq�ateiy accommodate it�s dwelling units per gross acre. p�op�sed uee a�d �sigri. � e. Building height. The' maximum building c. Unity of ti'fi�e. All �and included for purpose of � height allowed shall be six (6) stories or eighty- � t�evelogrnent witl� a planned mixec�-uae de• four (84) feet above average finish grade. velopment aha�i be �rder unity af t�tle of tl�e petition�er fo� .e�ch zot�iag deaigna�tio�n, (e) Site plan review. In adherence to Poliey 1.12.1 of the whet�•er �hat p�atio�rer be sn individual, part• . Village of Tequesta Cumprehensive Development Plan ner.ship o� corpor�tio�, or a�raup of ind�ivid• Future Land Use .Elemenx, all proposed development t�als, part��ersh�pa or eorErorstio��. The;�eti•. : plane for the mixed-use district shall be subject to re- tioner s� }�reseat �rzn �►idei�ce of the t�nit�► � view and approval by the village council. of ti't;le o#'khe eritire area wrthin the' prapnsed (fl Urban design principles. p�an,ned . mixed-�ee develo��ne�t and s�a�3 1, '�he follnwing urban deaign principles shall be con- • sta�te �gre�rne�t tha�, .i�' he proceedb with �he sidered as guidelinea in all development proposals , propoeed de�elop�ent, �e wi11: of the mixed-use district. (1) Do ao in accord vvi�h t3�e �cial�l� ap- a, Tl�at mixed-use promotes economic and social proved aite��� of �he de�elopmeat,��d well•being. snch. �tker co�d�tioAe or m��Eiona as b. The streets serve the needs of the pedestrian ��ey •�e at�ched to t�+e �pprov�i. and the automobile. �9upp. No. Z4 � 11�8.4 � Supp. Na. 24 1138.5 Sec. VII TEQUESTA CODE Sec, VII Sec. VII APPLNDIX A—ZODTING Sec. VII c. That propoaed aquares and plazas pro�ide, co1- 8. Recreation/open epace. lective identity and a place for social actir►ity *Maximum three thousand five hundred (3,500) and recreation. square feet gross leasable area allowed for each d. That public buildinga, facilities, and spaces tenant azea or individually owned unit. are symbols af the community and convey iden• (i) Special exception uses. tity and pride through their architecturaa.l 1. Reatauraats (includin ca out). � clarity and civic functions. �' g�'Y' e. Tha�t carefully ,placed buildings delin���E`e�`�il � 2. Public buildings and facilities. define public spacee and lots and blocks. 3. Church/house of worahip. f. That streets are designed and' act ss ameni- 4. Civic%ulturaUinstitutional. ties to the development and as quality public 5. pMVate achools/schools of instruction. space. (g) Urban design obj¢ctives. � 6. Bed and breakfast. � 1. The foll�wingurban deaign objectives shall be con- 7• Hotel. sidered ae guidelinea in all develo.pment proposals 8. Adult congregate living fac�lity (ACLF). of. the mixed-uae district. 9. Gasoline service station (only frontirig on U:S. a To bring rnany of the activities of daily living, Highway One). including dwelling, ahopping and otlier sctiv 10. Private clube. itiea, withi,n walking dietanr.e. . il. Railway station. b. To reduce the number and length of automo• 12. Plarined residential development (PRD). bile trips to relieve traftic congestion. 13. Planned commercial development (PCD). c. To provide internsl ve}ucu�ar eirculation to relieve traE�'ic impact on arterial roada: 14. Permitted uses numbers 4, 5, 6, 7 and 8 in d. To prowide defined public spacea and ;st�ee�s eacess of three thousand five hundred (3,500) that allaw the citizens to obaerve attd w�,��hh aquare feet (large scale retail sales and service) over the �eollective aecurity. which are in conformity with the intent and e. To provide aitee for civic buildinga. • int�grity of the district, f. '�'o proyide flexibility �'or the development � 15. Restaurants, fast food, subject to the following strategiea that evolve over time. conditioas: (h) Permitted uses: a.. ��ach drive-up window stacking lane�must 1. Sin le-famil dwellin . be clearly designed and marked so as not g y �• � to conflict or interfere with other vehicle � 2. Two-family dwellings. • . or pedestrian traffic utilizing the site. 3. Multiple-fa�ilp dwellit�gs. * b. A by-pass traffic lane ahall be provided if 4. Small-acale retail sales and eervice. a one-way traffic flow pattern is utilized 5. Businesa servicea. in the arkin lot desi 6. Profeasional aervicea.'" P g �• 7, Perau�nal se�rvfcea.• c. All restaurants, fast food, shall be re- � � stricted to LT.S. Highway One frontage. ,:: . 8u�. No. 2� 1138 Supp No. 2s 1138.? Sec. VII '�'�QUESTA CODE 'Sec. VII Sea VII APPENDIX A—ZONWG Sec. VII d. A m-i�irt�um fiReen (15) foat`�'1'�dsE'�pe (m) Property developneent standards. Property develop- buffer s�all be provic�ed at all `�u�iii�`�h�rad ment atandards for the mixed-use district ahall be as rights-of way� i� addition to the require- set forth below. However, as part of the review and ments s.ex fartb � Sec�ian X(H) Laadscap- approval process' by the village, the village council ing: (3�aeral requirements. . may modify the property development standards, at (j) Accessary ua�s. � ita discretion, provided 'the spirit and intent of the 1. �ny acaesso�y use cuat�nari� incic�ental to a regulations and standards are complied with in the . development of the mixed-use district. permitted use. . 2. Priwaxe garages, a�m�iag pools, sp�as aad hot 1. Parking requirements. On-street and off atreet . t�i�s, ca�is�aas and aau�as, gree��iouse9; '�eritii� parking shall be allowed within the mixed-use eourts, c��ihatssee, u�t�► �rui�ngs, g.ezebos, district. The minimum number of required a�d at�y o.ther siai�l�r uge �ee�ned ap�propriate parking spaces to be provided ahall be deter- by the buildfng u�cial. ,.,•. .. mined from Section VIII(H), off-atreet parking (k) �lars�ed �rr,�xea�•�t�e deueloprr.ce�t (PMUD). space requirements, and may include a combi- ' nation of on-gtreet and off-street spaces. When 1. Req�ired for e1� perm�at�ted, apecial e3tCeg�iait, usiag on-street parking to meet a portion of the aud ac�essory t�sea wit�in. the mixed-use dis- required parking for a proposed project, only triet ex�ept lote or psrce�s c�l�se thaa �1�ee,E3.� �� spaces that lie within the atreet frontage acres. (1) �ral�il�ited uses. •. areas of the pr�perty may be included in the total calculations for meeting the minimum 1. �Nholesale. required parking requirementa. 2. �areho.r�ses. � " �. Gar vvash (that ia �t a,t� .�ccessory us�), 2. 3treets/rights-of-way. The minimum w.idth of � 4. �otel. rights-of-ways within the MU district are as follows: 5. �o�or ve���;e c�e�le�c. �, pa � &���. a. Major street (collector) 50 feet 7. . Fu�1-se�ic.e f� �t�or,�gaso�ne service .ata- b. Minor street (collector): �• , � 'It+vaway street 50 feet 8.. .Fl� ��t�ets, �adoo� or o�tdoa�. � 9. ��o�ide �ep� facr�ti�, ineLitd�g garages One-way atreet 42 feet � �3� �°i�• . 3. Drainage (streets/rights-of-way). Raiaed curb . 1�3. �esta�ls .oF. .�et �sapi�s �a►i�h boarc�ing f�ei2i- and gutter drainage systema shall be the pre- �ea. � ferred method utilized within the MU district. 13. .��► ather �se or s�ruc�.�re �at,speci�c�11� or by Alternate drainage systems shall be approved , rea�.c�a,b�e �p�ica�ioa per�i�ed� �ereui` a� a at the diseretion of the village council during . per�i�� �ee, ap��eial e�pt�� us� nr ��ces= the aite pla.n revtew procese for a proposed sory �as.e.. planned mixed-use development (PMUD). S�pp. no. �6 �1��8; �• Supp �to. 2s 1138.9 Sec. VII . TEQ[J�ESTA CQDE Sec. VII Sec. YII APPE1�iDLX A-20NING Sec. VII 4. Schec�uie of si'Ee regulations. � h. Mir►imum landscaped/ a. 1VSini�u�t� �nt srxe: , 32flQ square open space: . 8esidential 25% f�et ' Comme�cial 25% b. l�ni�n�:m iot wfe�th: 40 feet 5. Landscaping requirements: Off-atreet parking � c. 1�aazim�utn loL �coverage: � facilities and all properties within the MLT F�eid+en�al 6�% C .���,�� District shall be landscaped in accordance with Far a si�gle tnini- 60�0 ' Section X(H), Landscaping: General Require- m�m s�ized tot ments. . For �wc� or �iore li�ts 70% 6. Signage requirements. All wall, free-standing, �. .� � ��� monument, ceiling-mounted walkway, project of f�e �mtttm � identification, composite, changeable letter and si�ed. ��t v�er u�ity ,;.; :` ;,"s�' :' aimilar signs and/or eignage ahall be in keeping ���@ �" with the purpoae and intent of the Mixed-Use d. �t�m fra� qard aet- • District and ahall be aubject to review and ��; approval by the Village of Tequesta. Subsec- Resic�eet�rtia� 10 feet tions (A), Intent; (C), Permits Required; (D), Co�e�ei� 0�'eet ' � ' Application and Permit Requirementa; (E), Is- e. 1%�%a�m �i�e yard se�t- , suance of Permit; (F), Permit Fe.es; (G),, Paint- baci�: , ing Requirements; and (H), Wind Pressure and Reai�dea�ig� Dead Load R.equiremeats, as set forth in Sec- �b� o�ccce sic�e 0 feet tion XII, Sign Regulations, of the Zoning Ordi- , C� �m�ng side 7 feet nance ahall apply within the MU, Mixed-Use . ��;�,��� . Diatrict. Ol� bo�i si�ee v�'he� 0 feet � (Ord. No. 370 § 4, 5-11-88; Ord. No. 375, § 1, 10-13-88; Ord. No. ���,�,��.�� �79, §§ 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 co� 7€e�t � 5-27-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4, . �,��, r �i��,r� 2-10-94; Ord. No. 479, §§ 2-4, 11-10-94; Ord. No. 499, §§ 1--4, f 1�Sin��ot�m re�r �d $et- •� 9-28-95; Ord. No. 510, § 2, 1-I1-96; Ord. No. 516, $§ 1-3, 6-27-96) ' �k: . �e��t�a� 1°�'�eet`.�:. Co�mer+cie�l . �e�e �eoin�r.�c�al � feet ., . a�ta co�E►me�ci�ri '��re �c�r+��l � 10 feet � a�b�s �.�si�ti� ` g. 1�:'i���m ���g �ea re- :. No� :ap��ica- • c�t��e��e: l��e ' Supp. No. 28 �1��.1�D �upp. No. 2B 1138.10.1 (J) Special Exceptiore Usea. �• X APPENDIIC A—ZONING Sec. X � (1) Statiement of Purpose. The development and execution of a atisntially�• uniform: It is recognized, however, that there are cer- zoning ordinance is baaed upon the division of the village intq ta.i� �g��:BAd. feaLures which betause of their unique characteris- districts� within which the use of land and atructures snd the tice� cannot be dietinctly classified or regulated in a particular bulk and locatioa of btructuree in relation to the land are sub- ci�rict or districts, without consideration in each case, of the impact t�f such uses and fe�atures upon neig�boring uses and the . st�rtouading ares, compared with the public rieed for them at . partfc�ular, locatians. Such uaea and features are therefore treated � • $e�apecial exceptions. A special exception.is not the automatic � ' right of any applicant. Supp No. 28 1178.8.1 f2) Cr3teri�a. Special exception uses and their related accessory uees or any expanaian, ealargement, or modification of an exist- • ing special exception uae ahall be permitted only upon authoriza- , tion of the village.council provided that such uses shall be found .. _ ' by the village council to comply with the following requirements -- � — ''. �and other applicable requ.irements as set farth in this ordinance. (a) That the proposed use is a permitted apecial exception use. , .(b) ,'i'hat the use is so rleaigned, located and propoaed to be � � ,,,.� ..operated ao that thr public health, safety, .welfare and . • . �morals will be protected. (c) ' That the use will not cause substantial injury to the value . of other property in the neighborhood where it ie to be located. ' (dJ That the uee vvill be compatible with �ac�joining deve�op. , ment and the proposed character of the .district where it ie to be located. � . . . (e) That adequate landscaping and screeni.ng is provided aa � required herein. � , .(fl That adequate off-street parking and loading is provided ��• ; and ingress and egress is so designed aa to cause minimum. , interference with traffic on abutting atreets. ; , (g) That the uae confornsa with all applicable regulations gt�v- � "" � erning the disbricE where lceated, except as may otherwise � ' � be determined for plaaned developments: (3) Findinga. Before. any special exception is graated, the vi1- lage council shsll apply the standards set forth. herein and sha11 supp, No. 21 1178.9 Sec. X TEQVESTA CODE • �, $ � Sec. X APPENDIX A—ZONING Sec. X deter�nine that satisfactory provision and arraagement of Che '(fl . U.tilities, with refexence Eo location, availability and following factor� have been �et by the petitioner, where applicnble. . , compatibilit}�; � � . (a) Compliance with all elements of tbe Village of �Te4��tg � � '(g)• �'��ng �d buffering with reference to type, dimensions Comprehensive Plan; ' � �..and charact�r; •. . (b) Ingreae and egreae to progerty and prqposed structuret• . (h) Signe and proposed exterior lightirig with reference to glare, thereon with particular reference to autumot#ve. and :pe= . traffic safety, economi� effect and� compatibility and har- destrian safety and convenaence, trat�3c tlow and eoaLc.ol, , �mony with propertiee in the dis�rict; • and acceas in case of fire or catestrophe; � .,. .'(i) Required yarde and o�her open space; (c) Off-street parking and loading area.where•required with ' ,�j)� General compatibility with adjacent properties and other , particular attention to the itema ia (b) above; propertp in the district; (d) Refuae and aervice areaa a+ith particular referenc� to ftems (]� . Whether the chaa�ge suggested is out of scale with the (b) and (c) above; • � � � needs of the neighborhood or the vil�age; (e) Nuisance factors detrime�tal to adjacent and nearby prop- (1) Any special requi,rementa $et out in the Schedule of Site erties and the village as a whoIe. Nuisance fsctare aha.11 ,Regtilationa for the partic�lar uae involved. � include �but hot neceeearily be limited to noise, ndor, atnoke, . ' glare, electirical interfereace and/or mechanical vibratione; (4) Conditiions and safeguards. In addition to the � standards �isted above and specific conditions listed for each particular � • special exception listed within any particular zoning district, the vxllage, council may impose other such coriditions and safeguards . as it deems appropriate ia conformity with theae zening regula- tions � for t'�e protection of the surrounding properties and the neighborhood or general welfare of the public. . (5) Denial. Should the village council denq a special exception, . it• shall'stete ful�ly €or the record the reasone for doir�g so. Such reasone ah$11 take into account the factors uAder aubsecCion (3) _. abov.e and sll other� conditions and particnlar reg�ilations relat- ing to the apeci•fic apecial e�tception requeated. •.. (6) I;imitations on the filing of a special exception. '(a) Whenever village council has de�nied an application for a special exception, the village aha11 not thereafter consider � . any further application for sgecial exception on any part of or all of the aatne property for a period of twelve (12) months from the date of such action. �(b) The time limits of sub�ection (a) above may be waived by ��' three (3) affirmative vo.tea of village council when such Supp. No. 21 . Supp. No.17 . 1178.10 1179 . Sec. X TEQUESTA CODE . Sec, X , 5ec. �C APPENDIX A—ZONIN(3 Sec. X action is deemed necessary to prevent injuatice or..to, facili- tate the proper development of the village. � ' � 1. Scale, date, north arrow, vicinity aketc�, title of the � project and total grosa acreage. (?) Time limits for special exceptions. A special exception shall 2. The boundaries and dimensions of the property and it� commence within twelve (12) months from tihe d�te of,grant: of .relationship to the surrounding road syatem in�luding the special exception unlesa extended by action of vi,llage,.council. . the,width ot the exisxi�g trav�elwe3► (pavement). (a) Commencement of a special exception occure upon �he fil- 3. The location and dimensioa of existing man-made fea- ing of an applicat�on for a building�permit, preliminary tures auch as existing roads and structures with indi- plat or site plan, or upon the initiation of significant ac�ion cation as to which are to be removed, renovated or to satisfy reqµiremente for improvementa conta�ned in a � altered. � • development order or other regulatory docuMenEe relating 4. The location of existing easementa, water Qourses� sec• to said special exceptioa. � tion lines, water and aewer linea, well and septic tank ��'�� :� locatioa, and other exiating important physical fea- (b) Only one (I)� exteaaion ehall be permitted and� sha11 npt turea in and ac�joiniag the �roject, exceed sut (6) months. ' , 5. .The �location and delineation of existing treea and in- (c) Special exceptiona granted to any governmenta� uni,t-shall formation as to whfch trees will be removed. be exempt from the proviaione of this subsection (7), unle'ee 6. Identi�cation bf surrounding land uae, zoning :.et►d ex- a time limitation is made a specif'ic condition of the epe�ial . � isting buildings within one hundred (100) feet of the �xception. � � �• �� petitioned aite, as well as the zoning of the petitioned ..:.., ;,;..•:.;. - (S) Special exception application procesa. ��:;,:: site. �•� � ?, A layout of the proposed lots snd/or �building 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 regcilar a. Finished floor elevation; '' � businee's day indicating tihe section of these zoning regula- b. Commoa open ar�a; tions under whicfi the special exception is sought and`stat- .� c. . Generalized laadscaping and buffer areas; ing the grounds on which it is requested, with particular d. Internal circulation patterns including off-street � reference to tl�e •written findinga in subaection �(3) above� parking and loading faciliti�es; and other specific condition(s) if applicable which the vil- e. Total proj�ct density; � lage council shall addresa. TMe petition .$hall include �all f. Percentage of buiiding coverage; material necessary to meet the requirements of the devel. g. Percentage of impervious surface coverage; opment concept plan liated below aad any additional i�-. h. Percentage of open space areas; � • formation that will demonatrate that the grant of �specigi • i, The shape, size, location and heig�t of all structures. exception will be in harinony with genera] intent and pur- 8. A tr�c impact analysis as may be''required by the pose of theae zoning regulatroaa. �village ar its designAted engineer inclucling the following: � �a. Future right-of•way dedications; (b) A petitioner seeking apecial exception approval shall sub- b. Tntersection improvementa; mit a development conc�ept plan on one (1) or more sheets c. Tr�c control devices; of paper measuri�g not� more than twenty-four by t�irty: d, Traffic generation analysis; six (24 x 36) inches and drawn to a acale not ama�lle� ttian • e. Distribution and assignment of traf�ic; one hundred (100) feet to the inch. The following.shall � � f. Additional roadway needs. provided on the development concept plan. 3upp, No.17 1180 supp. No.17 1181 '�� 3ec, X• APPENDIX A—ZONING Sec. X' Sec. X � . TEQUESTA CODE ,��'� , , �,� ��� atanding any other provision herein contained, f�ilure to � 9. The propose�t phasing .of conetruction for the project if , provide written notiae to any adjacent property owners applicable. � � shall not. coastitute a jurisdictional defect provided that 10. Commercial, office end uees other than residentiat �hall proper legal notice has been published. �: .,..• .. provide the eatimated equat�e footage of the structure($), t1�e number of employeea, eetimated eeating and the . •(9) Filing fee Upon f ling an application for sp�cial exception, , estimated number of. ueera of the facility, aucli esi,;t�,e,�n- the a�plicant shall pay a fee to the village at the time of filing of bera, atudenta and �atients. auc� application. Said fee shall be in an amount as established in 11. Propoaed. hour•e of operation for commerciel uses. ,`� � Chapter 16 of the Village of Tequesta Code of Ordinances, shall 12. A drainage statement or drainags .plaa= ae may be not be reimbursable and is ihtended to defray coeLs of administer• required by the village or ite�deaignated engineer. ing, pr�cessing, and reviewing the applicatior�. 13. Size, location and orientation•of�signe. rrT� �._:,._„ __ T_..._____.. o�.._._.___ __ �,_L:_.__ 14. Proposed l�ghting of the premises. . 15. Ten (10) ,aerial mape at a minimum acgle of one. (1) inch equals three hundred (300) feet,. ahowing the site in question with perved boundariea au�sritnpoeed,: �,, � 16. • A legal �dee�:rription of the .land �proposed for developat,�nt.', � �.�; . (c) The application ehall be reviewed by the land dev���e�i� ataff within thirty (30) days of Ehe eubmiaeion ,dea'd�:�te. Upon land development etaff review and analyaia o€ all � suTimitted materials, the buiiding officiel ehall forward a � recommendation to the village council. ' ' (d) A public hearing ehatl be held by the village council. The � ProPert3',��' �'• aPPeaz' PersonallY ar bY agent or a�rney. (e) Notice of public hearing ahall be advertieed fift�en (15) e�nd five (5) daya in advance of the public hearing in a nevvepa- per of general circulation in the area. The owner of, the property for which apecial exception is saug�t or hia agent or attorney designated by him on the submitted petition � � ahall be notified by mail. Notice ahall be given by mail to . ��," all owners of property within a three hundred (300) foot .� . radiu's of the boundary linee of the properEy for which a special eaception is requeated. The list of pruperty owners i within the atated radiva shall be provided by the applicant � from the most recent tax r.oll information aa pro�rided`.:^by the Palm Beach County Appraiser's O�ice. The `a,pplic�t must furniah an affidavit sign�d by the pereon responsi'�Ie . ' for providing the aforementioned liet. Notice of the public . hearing ahall be prominen�ly posEed on the property by the ° applicant for which a special egception is sought. Notwith- ..,. „ Supp. No.17 1182 . .