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HomeMy WebLinkAboutOrdinance_266_01/09/1979• ORDINANCE NO. z66 AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA AMENDING ORDINANCE NO. 211 KNOWN AS THE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA BY ESTAB- LISHING PROVISIONS FOR A SITE PLAN REVIEW BY THE VILLAGE COUNCIL FOR NEW BUILDINGS OR CONVERSIONS OR REMODELING OF OLD BUILDINGS IN THE C-1 RETAIL COMMERCIAL DISTRICT AND THE C-2 WHOLESALE COM- MERCIAL DISTRICT AND LIGHT INDUSTRIAL DISTRICT AND IN THE R-3 MULTIPLE FAMILY DWELLING DISTRICT FOR BUILDINGS OF MORE THAN TWO STORIES. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF '.,TEQUESTA, FLORIDA, AS FOLLOWS: Section 1. Article 11 of Ordinance No. 211 of the Village of Tequesta, Florida is hereby amended by adding thereto Section 111.9 to read as follows: "Section 11.9. Site Plan Review Requirements. All applications for multi-family dwellings and structures of more than two stories in height shall be subject to and require a site plan review as set forth in Section 16.10 of Chapter 16 of the Zoning Ordinance. No Certificate of Occupancy shall be issued for any such building or build- ings, unless all facilities included in the site plan have been provided in accordance therewith." Section 2. Article 13 of Ordinance No. 211 of the Village of Tequesta, Florida is hereby amended by adding thereto Section 113.7 to read as follows: "Section 13.7. Additional Regulations and Requirements for Site Plan Review. (1) All applications for new buildings and for remodeling or conversions of buildings in the C-1 District in excess of 2,000 square feet of building floor area shall require a site plan approval in accordance with Section 16.10 of Chapter 16 of the Zoning Ordinance. No Certificate of Occupancy shall be issued for any building, unless all facilities included in the site plan have been provided in accordance therewith. In addition to the findings required in Chapter 16, the Village Council shall consider the following guide- lines and development requirements: • • (a) That the proposal conforms to all minimum requirements of this Zoning Code and any other I applicable laws and regulations; (b) That the proposal is compatible to the intent of the C-1 Zoning District wherein it is proposed to be located, and it is compatible with adjacent land uses; (c) That the proposal shall not have an adverse effectt upon traffic on surrounding streets and highways; (d) That the proposal shall not produce any substan- tial adverse effects on the environment; (e) That the location and design of off-street parking, loading, and maneuvering areas are adequate to serve the proposed development, and to protect the safety and convenience of the public; and that the location, size, and numbers of access drives to the site shall not interfere with the safety and convenience of any public or private way; (f) That adequate drainage and runoff control is provided to prevent flooding of the subject property, abutting property, and any public or private way; (g) That adequate and appropriate screening is pro- vided to protect all surrounding properties and public and private ways from any potential noise, odor, or unsightliness from the subject property; (h) That all areas of the site not to be occupied by buildings, structures, or paved areas shall be landscaped and maintained; (i) That the applicant has considered all reasonable concerns, criticisms, and suggestions of the public, Village staff and officials; (j) That the proposed development shall not have an adverse effect upon property values of adjacent properties; CJ (k) That the proposed development shall not place an undue burden on municipal services; (1) That the proposed development plan take into consideration any future development or land use plans of the Village of Tequesta and be consis- tent with the Village comprehensive plan." Section 3. Chapter 14 of Ordinance P1o. 211 is hereby amended by adding thereto Section 14.7 to read as follows: "Section 14.7. Additional Regulations and Requirements for Site Plan Review. (1) All applications for new buildings in the C-2 District',, in excess of 2,000 square feet of building floor area shall require site plan approval in accordance with Section 16.10 of Chapter 16 of the Zoning Ordinance. No Certificate of Occupancy shall be issued for any building, unless all facilities included in the site plan have been provided in accordance therewith. In addition to the findings required in Chapter 16, the Village Council shall consider the following guide- lines and development requirements: (a) That the proposal conforms to all minimum requirements of this Zoning Code any any other applicable laws and regulations; (b) That the proposal is compatible to the intent of the C-1 Zoning District wherein it is proposed to be located, and it is compatible with adjacent; land uses; (c) That the proposal shall not have an adverse effect upon traffic on surrounding streets and highways; (d) That the proposal shall not produce any substan- tial adverse effects on the environment; (e) That the location and design of off-street parking, loading, and maneuvering areas are adequate to serve the proposed development, and to protect the safety and convenience of the it • • public; and that the location, size, and numbers of access drives to the site shall not interfere with the safety and convenience of any public or it '~, private way; (f) That adequate drainage and runoff control is provided to prevent flooding of the subject ~' property, abutting property, and any public or private way; (g) That adequate and appropriate screening is pro- vided to protect all surrounding properties and y public and private ways from any potential noise,i( odor, or unsightliness from the subject property;] (h) That all areas of the site not to be occupied by P '' buildings, structures, or paved areas shall be i landscaped and maintained; (i) That the applicant has considered all reasonable concerns, criticisms, and suggestions of the public, Village staff and officials; (j) That the proposed development shall not have an adverse effect upon property values of adjacent properties; ii (k) That the proposed development shall not place an ~! undue burden on municipal services; !i (1) That the proposed development plan take into consideration any future development or land use plans of the Village of Tequesta and be consis- tent with the Village comprehensive plan." Section 4. Chapter 16 of Ordinance No. 211 shall be (!amended by adding thereto Section 16.10 which will read as follows: "Section 16.10 (1) Site Plan Review. Where by the terms of this Ordinance, site plan review is required, no building permit shall be issued for the purpose of erecting, altering or converting any structure or building, or any part thereof, or altering the use of any land • until after the Village Council shall approve the site plan in accordance with this Ordinance. (2) Application. Applications for site plan review shall 'I be filed with the Building Official and shall include those of the following information items deemed to be applicable by the Building Official. (a) Statements of ownership and control of the subject property. (b) Statement describing in detail the character and ', intended use of the property. (c) General location map, showing relation of the site for which site plan approval is sought to i major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the lilce. (d) Two (2) copies of a site plan containing the title of the project and the names of the architect, engineer, project planner and/or developer, date, and north arrow, and based on an exact survey of the property drawn to a scale of sufficient size to show (1) boundaries of the project; any existing streets, buildings, water courses, easements, and section lines; (2) exact location of all buildings and structures; (3) access and traffic flow and volume and how vehicular traffic will be separated from pedes- trian and other types of traffic; (4) offstreet parking and offstreet loading areas; (5) recrea- I tion facilities locations; (6) all screens and buffers; (7) refuse collection areas; and (8) access to utilities and points of utilities hookups. (e) Tabulations of total gross acreage in the project` and the percentages thereof proposed to be devoted to (1) the various permitted uses; (2) ground coverage by structures; and (3) impervious' i • • surface coverage. (f) Tabulations showing (1) the derivation of numbers of offstreet parking and offstreet loading spaces` ', shown in subsection (d) above; and (2) total project density in units per acre, if applicable.l (g) If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided , and permanently maintained. Such statements may '; take the form of proposed deed restrictions, deeds of trust, surety arrangements, or other legal instruments providing adequate guarantee ~~~ ~ ~~ '~ to the Village that such common facilities will not become a future liability for the Village. (h) Storm drainage and sanitary sewage plans. (i) Architectural elevations for buildings in the development; exact number of units, sizes and i ~' types, together with typical floor plans of each type, subject first to approval by the Community t Appearance Board pursuant to the terms of Chapter':.. 7 of the Village of Tequesta Code of Ordinances. ,; (j) Landscaping plan, including types, sizes and 4 '~ locations of vegetation and decorative shubbery, and showing provisions for irrigation and main- '~ tenance, subject first to approval of the Community Appearance Board puruuant to the terms !I of Chapter 7 of the Village of Tequesta Code of Ordinances. ,` (k) Plans for signs, if any. (1) Plans for recreation facilities, if any, in- cluding buildings for such use. (m) Such additional data, maps, plans, or statements as may be required for the particular use or activity involved. i i +, • • (3) (4) (n) Such additional data as the applicant may believe is pertinent to the site plan. Items (c), (d), (h) and (i) above shall be prepared by a registered surveyor, engineer, or architect or practicing land planner as may be appropriate to the particular item. Review By Building Official. The Building Official shall first review the site plan to insure compliance ; with applicable Village regulations and shall, within twenty (20) days of the filing of the application, i submit said application and all exhibits, along with a a recommendation for approval, approval with changes, or denial, to the Village Council. f Review By Village Council. Within thirty (30) days of 9 receipt of the application, the Village Council shall i review and consider said application. Before any site plan shall be approved, approved with changes, or denied, the Village Council shall make a written finding that the approval of the site plan will or will not adversely affect the public interest and certify that the specific zoning requirements governing the individual use have or have not been met and that, further, satisfactory provision and arrangements has or has not been made concerning the following matters, where applicable: (a) Sufficiency of Statements on ownership and con- trol of the subject property and sufficiency of conditions of ownership of control, use, and permanent maintenance of common open space, common facilities, or common lands to insure preservation of such lands and facilities for their intended purpose and to insure that such common facilities will not become a future liability for the Village. (b) Ingress and Egress to the property and the pro- posed structures thereon, with particular i • reference to automotive and pedestrian safety, separation of automotive traffic, traffic flow volume and control, provision of services and servicing of utilities and refuse collection, and'; access in case of fire, catastrophe, or emergency. (c) Location and Relationship of Offstreet Parking and Offstreet Loading Facilities to thoroughfares and internal traffic patterns within the property, with particular reference to automotive and pedestrian safety, traffic flow volume and con- trol, access in case of fire or catastrophe, and screening and landscaping. (d) Proposed Screens and Buffers to preserve internal and external harmony and compatibility with uses inside and outside the property boundaries. (e) Manner of Drainage on the property, with particu- lar reference to the effect of provisions for drainage on adjacent and nearby properties and the consequences of such drainage on overall Village capacities. (f) Utilities with reference to hook-in locations and availability and capacity for the uses projected. (g) Recreation Facilities and Open Spaces, if any, with attention to the size, location, and develop ment of the areas as to adequacy, effect on privacy of adjacent and nearby properties and uses within the property, and relationship to community-wide open spaces and recreation facilities. (h) Such Other Standards as may be imposed by these zoning regulations for the particular use or activity involved. (5) Action by Village Council. After review and prepara- tion of the findings, the Village Council shall approve, approve with changes, or deny the application; • and direct the Building Official to approve or with- hold approval of the building permit. Section 5. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Severability. In the event that any section, subsection, clause, sentence or provision is held invalid, the remainder of this ordinance shall be be affected by such invalidity. Section 7. Effective Date. This Ordinance shall take effect upon its approval and passage as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember tJj~. Harvey Mapes who moved its adoption. The motion was seconded by Councilmember Joseph D. Yoder and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Howard F. Brown Leslie A. Cook W. Harvey Mapes James Ryan Joseph D. Eder The Mayor thereupon declared the Ordinance duly passed and adopted this __~ day of January A.D., 197fi~. MAYOR OF TEQUESTA ATTEST: -, ,~/ , ~r, Village. erk /~~~~