HomeMy WebLinkAboutDocumentation_Regular_Tab 084c_08/12/1999 MEMORANDUM
TO: Thomas G. Bradford; �flage Manager
FROM: Scott D. Ladd, Director of Community Development J� �
�
Kara L. Irwin, Planner ��
DATE: August 5, 1999
SUBJECT: Public Hearing for Special Exception Use
Tequesta Village Center — Village of Tequesta
490-222 Teques#a Drive (Gurrently Known as Tequesta Ptaza)
Civic/Cultural/Public Use Parcel 1, Building C
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 e�camination of the special exception criteria by stafF indicates the following:
• The proposed use is a valid use for consideration by the Viilage CounciL
•�'he proposed use has been reuiewed by police and fire-rescue o�cials so
as to ensure it is designed, located and proposed to be operated so that the
putalic health� sa#e#y a�d wetfa�e wiU 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 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 traffic 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 exception 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 catastrophe.
• Off-street parking and loading and refuse and service areas provide for
automotive and pedestrian safety and convenience, traffic flow and control,
and access in the case of f re or catastrophe.
• The applicant provided letters from the Utilities providers conceming
availability.
• The signage proposed for the project is in harmony with the intent and
purpose of the Mixed-Use District.
Staff Comments: The Village of Tequesta requests approval for a special
exception use Civic / Cultural / Public Use for Building "C" of the Tequesta Village
Center Master Site Plan. The applicant has met all requirements of the review
process. Staff recommends approvaL
lkli
07/22/1999 12:33 561-575-6239 VILLAGE OF TEQUESTA �� � PAGE 02
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VILLAGE �F T'�Q S . ; �,�
DEPART1u�N'T OF COMMUNfTY D�VE[:OP� � - £: ;
�� Pv�t Offi¢e Box 3273 • 357 Tequpsta Drive . -
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' Tequesta. Florida 3346�1-OZ?3 � (Q07}575-622� � ;
a ��x: (40� 575�6239 �
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VILL� OF �'IDRUTS�� . �
� A�,PLYCATIQ �'OEt BP�IriL SRC�PT'IOi�
TH�. ONDExSIGNED RSR�7��IC TI�� AE'PR nSD. IT IS UNDBRf3�T� n THAT
BSLOW. SHOULD THIB AE'PL
AND ANY CONDIT ON� SAFEGOARDB �I�S�D BX�THE YILLA�R OF T
1�� O� BE'PLICANT: Vi1Za e of �e uesta D�TS� ��Z 9�
t�1�LING AUDR�SB: 250 Te uesta Drive, Suite 300. Te uesta Flori.da 334 9
PHONL* NOM881t: C��) (561) 575-6200 t�l7fi�`�'LBi3) (�''�X) 575-6203
LOT/eA�G�i BDDp�:Farc�l 1, Southwest Corner .
LOT: BLOCK� 6UBDIVIBION:
p&ppEKTY CONTitQL NOLyBSR: 60-43-40�30-00-000-7045
FXISTING UfiS: Retail Shoppinq Center (Tequesta Plaza 194 Tequesta Drive)
D8$CRIPTION t}F �iPECIAZ. �SICCF+f�'1'ION: ���'cel 1, Bu�ldiiig "G" , •
Civic/Cultura�/Public
P'ROPERTY OWNT�R:
dp�;; ApPLICANT SHAi.L INCLUD� TH�S FOLLQp�NG NITH TH� Af'PLICATION:
�. CDAREI�x �ORVI3Y OR S�T� FLADI OF FROPgRTY SHOWIN� STxpCT�lRF�S �iiD
SE'1'B13iCICS • �
�. DItA�iiINl38 TO SCAL$ OF FROPOSSD IMPR04�iT8 RI+�RUZ8IN�3 SPECIAL
�CEPTION USS.
3. TiiRITTBN APP�tOVAL FRdM PROP�RTY OWNFR IF OTHLR THAN ApE�LIC�►NT.
�. ANY OTHSR DOCOMENTAT�ON PERTINEDIT TO THIS Ae�'LICA'rI
5. TWSNTy �22} COFIES 0� ALL SUBMITTAL�•
6. AeFLICATION F�C OF FIVE HpNDItED C�5Q0. 00) DpLLBBS. < ALSO
ABFAOPRIATR CO!'JMONIT]f A�PEARANC�S BOBRD S� SI� PLAN �RSVIEW )
G� 6�� .._.,-�� 7 2 2-��
AE+PLICP�NT' � SIGNATDREti � � � DAT�
,Rtcycled Pape►'
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 meeting Thursday, August 12, 1999, beginning
at 7:00 P.M., in the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta, Florida, to
consider:
• An applicaLion 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 19Q-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 ailow for:
� an approximately 8,000 square foot classic car showroom (large scale retail sales
and services) on Pazcel 3, Building "A"
• a restaurarn on Parcel3, Building "A"
• Civic/CulturaUPublic Use on , Parce12, Building "D"
• An application from the Village of Tequesta for a Special Excepdon 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 known as Tequesta Plaza, 190-
222 Tequesta Drive, within the M-U, Mi�ced-Use Zoning District of the Village of Tequesta.
The above Special F�ception 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", a portion of the Tequesta Village Center. The Applications for Site Plan
Review as provided by Section X(Nn, Site Plan; Prerequisite to Building Permit Issuance, of the
Village of Tequesta. Zoning Ordina.nce No. 355, as amended, provides for Village Councit
Review of the Tequesta Village Center, a 4.83 acre pazcel, cunentty 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 Viliage 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 mada 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. Irwin
Planner
Posted: July 28, 1999
SEE PAGE 11
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Sec. VII TEQVESTA CODE 3ec, VII: ' : 3ec. VII APPENDIX A—ZONING Sec. V
reational needa of village reaidente wh�ch �t► ` designed to. serve residential neighborhoods of the vi
eerve certafn environmeatally eeneitive areaas, and lage. Orientation .to and compatibility with neighbo
which permit liatited "recreational usea while con• � h.00ds to be aerved are esaential. Residential uses su
aerving the environment and �atur a l fea�urea o f intended to encourage the accomplishment of a mo�
those areas. complete residential living environment through tt
application of imaginative approaches to communil
(b) Perm.itted uses: � development which establish neighborhood identity ar
1, Golf eoureee. _ focue consistent with values of the Village of Tequest,
2. Neighborhood and conuauirity public recreational It is furtiher the purpose and intent of this area �
facilities. provide landa for a range of residential uses from low�
3. Cultural and civie centere. denaity single-family to higher densitp residential use
4. Coneervetion� areae. � Traffic circulation sha�uld not only accommodate vehi
5. Acceea easements. . ular traffic, but provide for the et`ficient movement
6. O�ther aimilar recreational uees. pedestrian ar�d bicycle traffie.
. � (b) Scope oF district.
(c) Accessory uaea: �
1. Although muced-use development produced in coi
1, Aqy acxesaory uee cuatomarity incidental to a per•� pliance with theae provisions and requiremen
fnitted uee. � � `"'` . � ' and other regulations as set forth and detailed
(d) Special eacceptions:
'�� this zoning ordinance ma� depart from the stri
application of property development regulatio:
1. Rsquir.ed for all permitbed and acceeeorY ue�. expresaed in this ardi.nance, sueh developments a
(e) Prohibited usee and a�nccturea: to be in compliance with the Village of Teques
Comprehensive Developaient Plan and platted
1. Any uae. or etrucEure not epec�cally or by reason• record in accordance with the procedures for a
able imglicstion pertnitte�:herein ae a permitted proval of subdivision plats in the Village of 7
uae, acceeaory uae or permiaeibis by speeial exceP- ' queata Subdivision Regulations. Ttie mixed•use c
tion. velopment provisions set forth in this section sh�
(9) MU Mixed-use District. � , be utilized in the review of all future developme
proposa�s for the special planning area as iden
(a) IPurpose of district.) The purpoae and inteat of the fied i� Policy 1.12.1 of the Future Land Use E
mixed-use district is to establish a�ge center which ment, as designated on �he Fnture Land Use M
createa a vital, diverse core far the principlea which � contained in the Village of Tequesta ComprehE
utilixe mixed-uee develapment concepts and which � sive Development Plan and as identified on t
permit a combit�ation of uaually aeparated usee �►ithin V�age uf Tequesta Comprehensive Zo�ing M
a unified cl�velopment diBtrict area. Natural features as D�atrict MU.
should be enhanced and environment,a�l�canditions e�re� N .
fu11y esaesaed. Commercial nses are intend�d to be 1�3n�:' • (c) Coreflict with other applicoble regula.tions.
ited to apec�ialty ama11. scale retail seles an� �eirts�ce's.�. _ 1 Where eonflicts exist between these mixed d
busi�esa services anc� profensional services ;p�irngnly' : trict s�ecial regulations and general zoning, si
� 9upp. l�lo. 24 1138:2 Supp. No. 24 1138.3
Sec. VII TE@iIESTA CODE 3ee. V'iI See. VII APPENDIX A—ZONING . Sec. VII
diviaion and other applicable a�din�n�ce provisions, (2) Provide agreements, covenants, contracts,
theae apecial regulatione sball apply. , deed restrictione or sureties acceptable to
� the village for completion of the under•
(d) General 'reqreire�nents and sp�cial regalationa. � taking ia accordance with the approved
1. The follo�ving general requirementa and apecial site plan as well as for the continuing op•
r�egulatiuns shall apply to planned mixed•use de- � eration and maintenanc:e of such areas,
velopment within the miaced-use distriet: functions, and faeilities as are not to be
� provided, operated or maintained at gen-
a. Location, A plsr�bed mixed-use development eral public expense.
is permitted only i� the $pecial planming dis-
tri�et. identiffed by Policy 1.12.� of t�e :Future. (3) Bind his development successors in title
Land Use Eleaient, as deaigaated �uri'.�fie 3��- . to any commitments made under (1) and
• ture Land Use Map contained wi�hia�:t3a�'�'�- (2) above.
lage of Tequesta Compreh�eive Deveelopmei�'t - d, Density. For the purpose of this provision, if
Plan �,d ae identifled on t3�e Villag� of T�- dwelling units are to be developed as part of a
queata �Co�prehenaive �oning Map ae Die- � propoeed development within the mixed-use
t �� �� district, the total number of dwelling units
b. Config�ration of aite. Anp tr�ct of land for permitted in the mixed-use district shall be
wh�ch a.plaaned rnia�ed-t�se develop�ent a�i- ' . Go�puted on the basis of ei,ghteen (18) dwelling
plication ie made ehall contain eufficieat unita per gross acre for all residential uses
width, depth, and froAtgge on a publicly ded• . with the exception of ACLF's which shall be
�'t�a�ed arterial �or m�jo� street or agpropriate computed on the basis of twentyfour i24)
acc�ae th�er�to to adequateiy accommodate ibs dwelling units per grosa acre.
propos� us� a�d �desigr►. � e, Building height. The' maximum building
c. tJa�ity of ti�e. A�l �and included for ptiupose of • height allowed shall be six (6) atories or eighty-
� develog�ent witl�in a pianned mixed-uee de• four (84) feet ahove average finish grade.
velopment ahall be �der �uni�ty a� t�tle of tl2e
petition�er fo� a�ch zo�iag desig�atio�n, (e) Site plan. review. In adherence to Policy 1.12.1 of the
�vhet��er t1�at p�tion�er be an ir�dividual, paYE- . Village of Tequesta Compr.ehensive Development Plan
ne�ahip or eorpor�tio�, or a gronp of ind�vid• Future Land Use .Elemen�t, all proposed development
�a�s, par�nErships o� eo�poratiot�s. The,�eti�.: .� plans for the mixed-use district shall be subject to re•
• tiorrer a�a�i �resent fu�s ��ride�tx+ee .of the �niL�► . view and approval by the village council.
of tr'Ele o��the entire area wi�his► ti�� pri�us�d (fl Urban design principles.
planned .mixed-�ee develo��ne�t anc� slia� 1. '�he follnwing urban deaign principles shall be con-
�� state agreetneat tbs�t, �f he praceeds with the aidered as guic�elines in all development proposals
. propaeed de�eloprnent, :�e w�Yl: of the a�ixed-use cUstrict.
(1) Do an in eccord �vith t3�e ��cia�}y s,p- a, That mixed-use promotes economic and social
proved site p� of �Che developiae�t,��d . well-being.
, snch. ot3��r c�►rrditio�e or m�cfi%�ca�ion$ aa b, The streets serve the needs of the pedestrian
�ay �e �ttached to t�e �g�rov�l, and the automobile.
� 9upp. Na 24 1138.4 � 8upp. No. 2� � 1138.5
Sec. VII TEQVESTA CODE Sec. VII
3ec. VII APPENDIX A—ZO1vING Sec. VII
c. That proposed squares and plazaa pro�iids C�1-
8. Recreation/open apace.
lective identity and a place for aucial activity *Ma�dmum three thousand five hundred (3,500)
and recreation. � aquare feet gros.s legsable area allowed for each
d. That public buildinga, facilities, and spaces tenant area or individually owned unit.
are symbols of the community and conv�ey iden• (i) Special exc¢ption uses.
� tity and pride through their architectural- 1. Restaurants (includin ca out).
clarity and civic functions. ' �'��'' g n'Y'
e. That carefully placed buildings delin2���'��d 2. Public buildings and facilities.
define public spaces and lots and blocks, 3. Church/hou'se of worslrip.
f. That streets are desigaed and act as araeni-
ties to the developmeat and as quslity public 4. Civic%ulturaUinstitutional.
space. 5. Private schools/schools of instruction.
(g) Urban design objectiv¢s. �� 6. Bed and breakfast.
L The following urban deaign objec�tives shall be con- ?. HoteL
sidered ae guidelines in all develo.pment proposals 8. Adult congregate living fac�lity (ACLF).
of tbe mixed-uae district. 9.. Gasoline service station (only fronting on U:S.
a To bring many of the activitiee of daily livir�g, Highway One).
including dwelling, ahopping and otlier a�tiv 10. Private clubs.
itiea, within walking distance. - . 11. Railway station.
� b. To reduce the number and length of autoiao• 12. Planned reside�tial development (PR,D).
bile trips to relieve traffic congeation. 13. Planned commercial development (PCD).
c. To provide in�ernal vehicu�er circulation to
reliede tr�c impact on arterial roads: 14. Permitted uses numbers 4, 5, 6, ? and 8 in
d. To provide deffned public spacea. end, excess of three Ehousand five hundred (3,500)
that allow the eitizens to obaervee a�d v�►�t� square feet Qarge scale retail sales and service)
over the •collective aecuri�y. which are in conformity with the intent and
e. To provide aites for civic buildings. • integrity of the district.
f. �o proyide fleacibility for the development � 15. Reatauranta, fast food, subject to the following
strateg�iea that evolve over time, conditions:
(h) Permitted uses. a.. �+'ach drive-up window atackiag lane�must
1. Sin le-famil dwellin . be clearly designed a.ad marked so as not
g Y �• to conflict or interfere with other vehicle
� 2. Two-family dwellings. � � or pedeatrian traffic utilizing the aite.
3. Multiple-fa�ilp dwe�linga. � * . b. . A by-pass traffic lane ahall be provided if
4. Small-scale retail salee and eervice, a one-way traffic flow pattern is utilized
5. Businese servlces. in the arkin lot desi
6. Profeaaional aervicea.'" p g �'
7, Peraonal services." � c. All reataurants, fast food, shall be re-
� ' stricted to U.S. Highway One frontage.
Su�. Na 2�► 113& 3upp No. 2s 1138.?
Sec. VII Z'EQ�JESTA CODE 'Sec. VII Sec. VII APPENDIX A�—ZONING Sec. VII
d. A�►.inirnupn f�'tee� (15) foat; ��'�cds�ape (m) Property development stanalards. Property develop-
but�er shall be prm►id,ed at all"����ili��+�ad ment etandsrds for the mixed-uae district ahall be as
rig�ts-o� wa3►, in addition to the require- aet forth below. However, as part of the review and
meats e.et forth in Section X(H) Laadncap- approval process � by the village, the village council
ing: (�eaeral requiremeats. . may modify the property development standards, at
(j) Accessary uses. ita discretion, provided the spirit and intent of the
L �ny accesso�► use euet�arily incic��atal to a regvlations and standards are complied with in the
permitted use, ' • development of the mixed-use district.
2. Privaxe garages, a�immi�g �ools, s.��aa snd hot 1. Parking requirementa. On-street and off-street
. � tetbs, ca�s�aa and saunas, green�ous�e;=�enaie parkiag shall be allowed within the mixed-use
eourts, cl:�k�ho��eee, u��► �huiidin�, �gazebos, . district. The minimum number of required
�d ang at3�er ei��c►�l�r use dee�necl agprapriate parlring spaces to be provided shall be deter-
b�► the building offcial. ,.,•. . mined from Section VIII(H), off-street parking
(g) �'ldnned �r�ixeaE-�e�e a&EVefiopme�,t (PMUD). apace requirements, and may include a combi-
1. Req�red fu� a�i psnn,itted, apecial �e�tCeptioii, � nation of on-�treet and off-street apacea. When
aad acee$sary uaea wi�I�in. tl� �ed-nse dis- usiag on-street parking to meet a portion of the
required parking for a propoeed project, only
tri�t exc.ept �ats or pareel�s 4#'ieas th� t,�ree.(3) ' thoae spaces that lie within the street frontage
acres.
q) �rahi�ited uses. � ,• _ areas of the property m�y be included in the
total calculations for meeting the minimum .
1. VVholee�le. required parking requirements.
2. i�arsho�ases. '
' �. Ca� wash E��at is �t an .aceesa�ry uae). 2. Streeta/rights-of-way. The minimum width af
, rights-of-ways within the MU district are as
4. it�oxel. follows:
5. �o�ox ve�u�ie �alear.
� pa � ��� a. 1Vlajor street (collector) 50 feet
7. �-se�:ic,e �'�xsl �Ea�on�gaso�ne service .eta- b. Minor street (collector):
'�� , ' �vaway street 50 feet
8. .�'Yea ��ets, i�do� ��r c�xdoo�. �
� ������� �� ��' ����� g ��� One-way street 42 feet
�� ��` ���• . 3. Drainage (streets/righta-of-way). Raiaed curb
. 10. �e�els .oF �et �sp� �t� b�ar�g :fa�ili- � and gutter drainage syatems shall be the pre-
�ieg. • ferred method utilized within the MU district.
li. 1�► �t,her �e or .s��t►�e nat.specific�i� �vr by Alternate drainage aystems shall be approved
, reasc�ab�e �p�ic�oa }�e�'mi#.ed �ere�n as a at the discretion of the village couneil during
,. pe�i�ted �eE, �,��i�l e��vn r�$� �or ::�CCes= the aite plan revtew procesa for a proposed
8@r� �ae. planned mixed-uae development (PMUD).
�upp. I�A. 26 ��8 , �• 3upp. No 2s 1138.9
Sec. VII TEQVE3TA CODE Sec. VII Sec. VII APPENDIX A—ZOr1IrTG Sec. VII
4. Scheduie af ai� reg�latioas. . � h. Minimum landscaped/
open space: �
a. 1Mini�nu� �ot �ize: , 3200 aquare . ftesidential 25%
� ��t ' Commercial 25%
� b. ��:m }ot wia�th: 40 feet 5. Landscapiag requirements. Off-gtreet parking
c. Maaci.m�u�► lo't ,coaerage: � • facilities and all properties within the MtT
1�seid�n�a1 62%
C ����� District shall be landscaped in accordance with
�ar a si�gle miai- 60°�0 ' Section X(H), Landscaping: General Require-
m�m sized �iot ments.
. For �►o �r a�ore ��a�� 7t1�'o 6. Signage requirements. All wall, free-standing,
.�. p �,��p g ��� monument, ceiling-mounted walkway, project
of f�e �i�rt��n � identification, composite, changeable letter and
sitied.l�t �rt�er u�;ity � aimilar signs and/or signage shall be in keeping
�;�@ with the purpose and intent of the Miged-Use
� d. �VS�i�m 40� g�d aet- �.:. � Distriet and ahall be aubject to review and
��: approval by the �llage of Tlequesta. Subsec-
Resic�eatia� 1�0 feet tions (A), Intent; (C), Permits Required; (D),
Comme�rci� 0�eet . � ' Application and Permit Requirementa; (E), Is-
e. 1�Ii�%��m ai�e yard set- suance of Permit; (F), Permit Fe.es; (G),. Pai.nt-
baci�: � ing R,equirements; and (H), Wind Pressure and
Residen�ia� Dead Load Requirements, as set forth in Sec-
�0� oYte aic�e 0 feet tion XII, Sign Regulations, of the Zoning Ordi-
, 4� �e��ng aide 7�eet nance shall apply within the MU, Mixed-Use
• C�s��terci� District.
dn ba�, ei�es a�here 0 feet � (Ord. No. 370 § 4, &11-$8; Ord. No. 375, § 1, 10-13-88; Ord. No.
c�e�r�ia1 �b�a�s 379, §§ 2,,3, 12-13-88; Ord. No. 390, § l, 9-14-89; Ord. No. 415, §
������ 2, 10-25-90; Ord. No. 417, § 1, 1-24-91; Ord. No. 453, §§ 1-4,
� 'iN�ere n�r�re�rcial 7 feet 5-2?-93; Ord. No. 454, §§ 1, 2, 5-27-93; Ord. No. 465, §§ 3, 4,
�� r � i ��� 2-10-94; Ord. No. 479, §$ 2-4, 11-10-94; Ord. No. 499, §§ 1-4,
. � � ��� �� � ,, 9-28-95; Ord. No. 510, § 2, 1-11-96; Ord. No. 516, §§ 1-3, 6-27-96)
. back: .
��ei��i� l� ��eet ` .
Com�er+cia�1
'�� �eo�e�cial �3 feet .
. a�ts ca�r�e�ci�l
�e�re �co�er�i�l � 10 feet
�b�s a.�si�i�
� g. 14��i:a�� l�v�g �ea re- .,. Na� a�ip�ica=
• g�ce�me��e: txle -
S�pp. No. 2S �.1��1.1�I3 �upp. No. 26 1138.10.1
�� (J) Special Exception: (�sea $�• X APPENDTX.A—ZONING Sec. X
(i) Statement of P�urpoae. The development and execution of a e�antiall�►� tu�iform: It is recognized, however, that there are cer-
zoning ordinance is baaed upon the division of the village inta ta�i� usea� and. fea�urea w.;h�ch because of their unique characteris-
districts, within which the use of land and etructures and the tice, carinat be diatinctly classified or regulated in a particular
bulk and location of btructuree in relation to the land are sub- dla�rict or districEs, without consideration in each case, of the
impact nf auch uaea and fe�turea upon neighboring uees and the
. suri�ouading area, compared with the public need for them at
partiC�ular locationa. Such uses and features are therefore treated
� . ;�. ag� apecisl exceptions. A apecial exception .is not the automatic
� right of any applicant.
3upp. No 23 11�8.8.1 f2) Criteria. S,pecial exception uses and their related accessory
uaes or any expanaion, e�Iargement, or modification of an exist-
• ing special exception uae ahall be permitted only upon authoriza-
. tion of the village.council provided that euch uses shall be found .
_, _ by the village council to comply with the foUowing requirements
— " " — " ' �and other applicable requirements as set forth in this ordinance.
(aD That the proposed uae ie a permitted apecia] exception use.
•(b) ,-3'hat the use is so designed, located and propoaed to be
� � ., ,..*; .epera�ed ao that the public health, safety, welfare and
. • . .morals will be protected.
(c) ' That the use will not cauae sulistantial injury to tlie value
, of other property in the neighborhood where it is to be
locat�d. � .
(d) That the use will be compatible with adjoiniag develop.
ment and the proposed character of the .district where it ie
. to be located. � , .
(e) That adequate landscaping and screening is provided ae
required herein. �
. . .(fl That adequate off-s�reet parking and loading is provided
��� , and ingress and egress is so designed as to cause minimuum �
, interference with traffic on abutting streets.
. , '(g) That the use conforms with all applicable regulations gt��-
� �'-' � erning the district where located, except as may otherwise
� ' ' be deterntined for planned developments:
(3) Findinge. Before any special exception is granted, the vi1-
lage couacil shall apply the standards set forth herein and sha11
8upp. No. 21 1178.9
Sec. X TEQUE3TA CODE ' Bec. X � Sec. X APPENDIX A—ZOMNG Sec. X
deter�nine that satisfactory provision and arraagement of the '(fl Utilities, with refer.ence to location, availability and
following factor� have been met by the petitioner; where applicable. , compatibilit�; � .
(a) Compliance with all eleinents of the Village of Teque�t� ' '�B')� �'��g �d buffering with reference to type, dimensions
Comprehensive Plan; ' � � . . snd character; •. .
(b) Ingrese and egresa to pmgerty and proposed atr.ucture4• (h) Signe and proposed exterior lighting with reference to glare,
thereon with particular reference � to automotive�. and .pe� trafEic safety, economic effect and• compatibility and har-
destrian safety and conven�ience, trat�ic �flow and eontrol, , �ivany with properties in the dis�rict; •
and access in case of fire or catestrophe; �.. .'(i) ltequired yards and o�her open space;
(c) Off•street parking and loading area,where•reqttired with ' �,�j)• �eneral compatibility with adjacent properties and other
, particular attention to the itema ia (b) above; prapertq in the district;
(d) Refuae and aervice areas witk parEicular referetice to iteme (k) . Whether the change a�ggeated is out of scale with the
, (b) and (c) above; • • • '
needs of the neighborhood or the vil�age;
(e1 Nu.isance factora detrimemtal to ad�acent and nearby .prop- .(1) Any special require:aents set out in the Schedule of Site
erties and the village aB a whole. Nuisance factors a�fall �Regtilationa for the partic�xlar uae involved. �
include'but not necesenrily be limited to noiee, odor� etnoke, '
gTare, electrica� interference andlor mechaaiCal vibratioas; (4) Conditions and safe,guards. In addition to the � standards
� listed above and specific conditioas listed for each particular
� � special exception listed within anq particular zoning district, the
village,council may impoee other such Eoriditions and safeguards
� as it deems� appropriate in coaformity with these zoning regula-
tions for t'he proteetion of the surrounding properties and the
neighborhood or genera] welfare of the public.
(5) Denial. Should the village counc�l deny a special exception,
. it• ehall �stete fully for the record the reasona for doirlg ao. Such
reasons shsll take into account the factors ua�der aubsection (3)
. . above and .all other conditions and parti�ulat reg4ilations relat-
ing to the apeei•fic special exception requested. •.
(6) Limitations on the filing of a special exception.
'(a) Whenever village council has de�ied an application for a
special exception, the village shall not thereafter consider
� , any fiu�ther application for sp.ecial exception on any part of
or all of the same property for a period of twelve (12)
months from the date of such action.
�(b) The time limits of aubsection (a) above� may be waived by
•• three (3) affirmative vo.tes of village couneil when such
Supp. No. 21 � . Supp. No.19 .
1178.10 1179 .
Sec. X TEQVESTA CODE . �, X
. Sec• 3C APPENDIX A—ZONING Sec. X
action ig deemed necesssry to prevent injustice or_to,f�cili-
tate the proper development of the village. � ° 1. Scale, date, north arrow, vicinity sketch, title of the
(7) Time limits for special exceptiona. A special exceptio.n s}�.all project and total groes acreage.
commence within twelve (12D montha from tihe d�te of, ..a�t of 2• The boundaries and dimensions of the property and it�
the special exception unless extended b action of vill ��' ` �re�ationship to the surrounding road system in�luding
Y age.,counc�l the.width of the existiag trav�elwe��y (pavement)
(a) Commencement of a special exception occurs upon the fil- . 3. The location and dimension of existing man-made fea-
ing of aa applicat4on for a building �permit, pre.liminary tures auch as exiating roads and structttrea with indi-
plat or aite plan, or upon the initiation of aignificant action cation as to which are to be removed, renovated or
to satisfy reqµiremerite for improvemente conta�ned in a .altered. � .
development order or other reguletory documenta relating 4. The location of exiating easem�nta, water aoursea� sec-
to said special exception. � tion lines, water and sewer lines, well and septic tank
°-�" �' location, and other existing important physical fea-
(b) Only one (1)� extenaion ahall be permitted and' ahal} nnt
exceed aix (6) months. . Curea in and a�.joining the �roject,
� 5. ,The location and delineation of existing trees and in-
(c) Specia] exceptions granEed to any governmental unit. aha11 � formation as to which trees will be removed.
be exempt from the proviaiona of thia su6aection (7), uiileas 6. Identification �of aurrounding la�d use, zoning :.st�d ex-
a time limitation ia made a specific condition of th� spec.ial . � ieting buildings within one hundred (100) feet of the
�xception. � � �� ' ° petitioned aite, as well as the zoning of the petitioned
,,,:..,, ,;:.:.,
(8) Special exception application procese. . , :: ;..: � site. � �
'�`" ` 7. A lay�ut of the proposed lots and/or �building sites
(a) A written petition for apecial exception ahall be submitted including the following site data: �
by noon on the 15th of the month or previoua reg�lar a. Finished floor elevation; '' '
busines's day indicating the section of theae zoning regula- b. Common open ar�a;
tions under whicli the apecial exception is sought and` stat- • c. . Generalized laadacaping and buf�er areas,
ing the grouads on which it is requested, with particular d. Internal circulation patterns including aff street
, reference to the �written findinga in subsectian �(3) above�
parking and loading faciliti�es;
and other apecific eonditi�on(s) if applicable which the vil- e. Total project density; � •
lage council shall address. Tl�e petition ahall include �all £ Percentage of building �eoverage;
material necessary to meet the requirements of the devel- g. � Percentage of impervious aurface coverage;
opment concept plan listed below aad any additional .in-. h. Percentage of open space areas; � •
formation that will demonstrate that the grant of �speci�l • i, The shape, size, location and height of all structures.
exception will be in harmony with getteral intent and pur- 8. A tr�c impact analysis as may be��required by the
p�se of theae zoning regulatroas. 'village.or its designated engineer inclucling the following:
(b) A petitioner seeking special exception gpproval shal�. aut�- a. Futute right-of-way dedications;
mit a development conc�ept plan on one (1) or more sheets b. Intersection improvements;
of paper measuri�g not more thsu� twent�-four by t�irty- c. Traffic control devices;
six (24 x 36) inches and drawn to a scale not smaller tha� d. Traffic generation analysis;
one hundred (100) feet to the inch. The followiag..shail, be ' e. Diatribution and assignment of trat�ic;
provided oa the development concept plan. � f. Additional roadway needs.
�u�. No. I7 1180 ' �
9upp. Alo� 17
1181
. �� 3ec� & APPENDIX A—ZONING Sec. �`
•Sec. X • TEQUESTA CODE ' `.� �'�`.,° ^ ""'�" x
. �Sec. �X
' � +`����, ataading any other provision herein contained, f�ilure to
.' 9. The propoaec� phaeing .of conetruction for the project if , pxovide written notice to any ac�jacent property owners
appiicable. � shall not. coastitute a juriedictional defect provided that
10. Commercial, office �and ueee other than residentiat shall proper legal notice has been published.
�,. ��.... . provide the estimated square footage of the structi�e(s),
th� number of employeea, eetimated eeating and the . �(9) Filing fee Upon filing an application for sp�cial exception,
. estimated nutnber of. ueera of the facility, aucli ea:,t�e,�n. the applicant shall pay a fee to the village at the time of filing of
. bers, atudeate and �atients. . �� Bucli application. Said fee shall be in an amount as established in
11. Proposed. hour•a of operation for commercisl uses. �� • Chapter 16 of the Village of Tequesta Code of Ordinances, shall
12. A drainage statement or draiaag� .plan : ae maq be not be reimbursable and is intended to defray costs of administer-
� required by the village or ite deaignated engineer. irig, processing, and reviewing the applicatior�.
13. Size, location and orientation•of�signa. �*r� T..-:,.-- -- T-_.----_.. o.__._...--- -- �,-L,-,--
14. Propoaed lighting of the premisea.
15. Ten (10) .aerial mape at a minimum acale of one. (1)
inch equals three hundred (300) feet,. ahowing the site
in question with parved boundariea �au�eritnpoeed,.,� ,,;,. �
16. ,• A legal deecription of the land �ProPoeed for developtil��t.
!f a>ti� .
(c) The application ehall be reviewed by the land dev��paa��it
ataff within thirty (30) daye of the aubnuesion .des��e.
Upon land development etaff r�view and analyeia of all "
submitted materiala, the building officisl ehall forward a � �
recommendation to the village council. ' �
(d) A public hearing ahall be held by the village council. The �
Pr ���' �na,Y aPPe� P�'$onallq or by agent or attcrney.
(e) Notice of public hearing ahall be advertised fifteen (15) and
five (5) days in advance of th�e public hearing in � newapa-
per of general circulation in the area. The owner of, the
propertp for which special exceptioin is saug�t or hie agent
or attorney deeignated by him ori the submitted petition � •
ahall be notitied by mail. Notice ahall be given by mail to
'�.°� all owners of property within a three hundred (300) foot i .
radiva of the boundary linea of the properEy for which s
� special exception is requested. The liat of �roperty owners i
within the atated radiue shall be provided by the applicaat �
from the most recent tax r.oll information as pro�.r.ided::�6y
the Palm Beach Couaty Appraiser's Ot�ce. Tke�:g'ppl'ic.a�'t
must furnish an affidavit signed by the person responsiTile . �
for prov�iding the aforementioned liat. Notice of tl�e public ,
hearing ahall be prominentlq poeted on the property by the �
applicant for which a special exception is sought. Notwith• ... ._
3upp. No.19 r 182 • . .
.. . . u: