HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 06_09/19/2013 ORDINANCE NO. 42-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF TI�E VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ARTICLE
IX SUPPLEMENTAL REGULATIONS AT DIVISION 2. SITE PLAN
REVIEW, TO PROVIDE FOR INTERNAL CONSISTENCY, TO UPDATE
THE LIST OF OUTSIDE REGULATORY AGENCIES, TO BRING
I,EVEL OF SERVICE STANDARDS INTO CONFORMANCE WITH THE
VILLAGE'S COMPREHENSIVE DEVELOPMENT PLAN, TO PROVIDE
FOR THE VILLAGE'S DEVELOPMENT REVIEW COMMITTEE, TO
PROVIDE FOR AN OPTIONAL CONCEPTUAL PRE-REVIEW
PROCESS AND TO UPDATE CERTAIN APPLICATION
REQUIREMENTS INCLUDING REQUIREMENTS FOR THE
IMPOSITION OF CONDITIONS OF APPROVAL; AND AT DIVISION 3.
SPECIAL EXCEPTION USES, SECTION 78-365, TO SPECIFY THAT
CONDITIONS OF APPROVAL ASSOCIATED WITH THE GRANTING
OF A SPECIAL EXCEPTION MUST BE RELATED TO THE PROPOSED
DEVELOPMENT AND BE ROUGHLY PROPORTIONAL TO THE
ANTICIPATED IMPACTS OF THE PROPOSED DEVELOPMENT, IN
ACCORDANCE WITH RECENT RULINGS BY THE UIVITED STATES
SUPREME COURT; AND AT SECTION 78-369, TO UPDATE OPTIONAL
SPECIAL EXCEPTION USE PRE-APPLICATION REVIEW FROCESS
SUBMITTAL REQUIREMENTS; PROVIDII�G THAT EACII AND
EVERY OTHER SECTION AND SUB-SEC'I'ION OF CHAP'I'ER 78.
ZONING. SHAL�. REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLALTSE, A
SEVERABILITY CLAUSE AND AUTHOItITY TO CODIFY;
PROVIDING AN EFFIECTI'6�E DATE; AND FOIt OTHER PUR�'OSES.
WHEIZEAS, the Villa�e Council desires ta update its site plan review �rocess to provide
for internal con�istency> update the list of outside regulatary agencies, bring level of service
standar�is int� conforr�lance with the Village's Comprehensive �evel�pment Plan, provide for
development r�view committee procedures and for an optional pre-application conceptual
review, and �apdate certain application requirements, including requ�rements for the impasition of
con�litio��is of �pproval; and
WHEFi�AS, the Village council desires to specify tlaat conditions of approvai associate�l
«�ith the granting of a site plan or special excepti�n must be relate� t� she propos�d d�vel�pment
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and roughly proportional to the anticipated impacts of the proposed development, in accordance
with recent rulings by the United States Supreme Court; and
WHEREAS, the Village council desires to update optional special exception use pre-
application review process submittal requirements; and
WHEREAS, the Village Council believes the code amendment contained in this
ordinance will be in the best interests of the citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village af Tequesta
is hereby amended at Article IX Supplemental Regulations, Division 2 Site Plar� Review, to
provide for intenial consistency, to update the list of outside regulatory agencies, to bring level
of service standards into conformance with the Village's Comprehensive Development Plan, to
provide for development review committee procedures and an optional pre-application
conceptual review process, and to update certain appiication requirements including
requirements for the iznposition of conditions of approvalz prc�viding that Article IX Division 2
shall hereafter read as follows:
DIVISIOl�T 2. SITE PLAN REVIEW
Sec. 78-33 L Required; devel�pment standards; req...uired facilities and infrastructure.
Sec�78-332 Pre�plication meetin�• ontianal�re-ap�liea�ion review nracess.
Sec 78-333. Contents af applicatiori.
Sec 78-334 Ap�lication and review proces�.
Secs. 78-3�5-73-360. Reserved.
Sec. '78-331. Requireci; d�velopment standart�s; required facilities and itafi°astructure.
By the terms uf this chapter, all peimitted uses in all zoning districts �xcept R-lA
and R-1, all special exception uses as apprc�vett by the village council, all planned
residenti�l d.evelopment (PRD), planned comm�rcial development (PCU), and planned
mixed-use development (PMUI�), all r�i::cellaneous development and redevelopment a11
subdiv�sior�s, and atl uses or construction lying par�ial?y �r �ntirely in special flo�d
hazar� areas ��a;.I comply with th� follo��ing:
{aj Site plan review is require�.
(b) Conceptual review of the overall development, if phased, is required.
(c) T'he development shall canform to all minimum requirements of this chapter and
any other applicable laws and regulations,
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(d) The development shall be compatible with the intent of the zoning district
wherein it is proposed to be located and compatible with adjacent land uses.
(e) No building permit shall be issued for the purpose of erecting any structure or
building, or for structural alterations in any existing structure or building, until
after the planning and zoning advisory board has reviewed and made
recommendations to the village council, and the village council shall have finally
approved the site plan in accordance with this section. However. for the items
snecified in section 22-53(bl the nlannins and zonin� advisorv board has final
annroval authoritv and those items do not reauire further annroval bv the villa�e
council.
(� No building permits or development orders shall be issued unless public facilities
and services which meet or exceed the adopted level of service standards are
available concurrent with the development impacts. Compliance with this
requirement may be accomplished through one or more or a combination of the
following processes:
(1) Installation of all required public facilities/infrastnichire/services prior to
or concurrent with the development impacts.
(2) Phasing of all required pu�ilic facilities/infrastructure/services:
a. By local government (capital improvements element).
b. By the developer (development agreements).
(3) Phasing of the development.
(g) All proposed development and or redevelopment shall be coordinated with and/or
obtain approvals and/or permits from the following agencies:
(1) Palm Beach County Health Department
(2) Tequesta Fire-Rescue Department (Fire Marshal).
(3) Loxahatch�e River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM}.
(_4) South Florida Water Manager�ent District (SFWMD).
(6) Florida �epartrnent of Transportatian (FDOT).
(7) Reserved «T � D l,ti, 72 L. T T 1. A T,..,,�c«,.,+-t�t; C�,,.�i�.
r �
(�IIDT2T T A T_i'
(8) Metropolitan Planning Organization of Palm Beach County (MPO).
(9) Palm Beach CoL�rity Traf�c Engineering Division.
(10) Martin Cuunry iVletropolitan Planning t)rgar�zation,
(1 I) Martin County Traffic Ezigineering Department.
(12) Fi�rida Fower & Light Company.
(13) Telephone service nrovider as anpli�,able ���.
(14) Solid waste purveyar.
(15) Tequesta Water Department.
(16 j �t1�er municipai, county, state z.nd/or federal agei�cies as may� be
app�icable.
Evidence ef �nal acaeptance of the developmeni or redevel�pnz�nt project
i�y agencies listed in thi� subsectic�n must t�e subnlitted to th� village prior
to review by the village council pursuant to section 78-334(d).
(h) All new development and/or r�developralent tnust provide th.e necessary
infrastnxctare to meet ±1�� following level of service s�a:�dards. Each appiicatian
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submitted pursuant to this section shall be required to provide a certification from
a licensed engineer in the state that the proposed development and/or
redevelopment meets or exceeds the level of service standards for the listed
infrastructure as follows:
(1) Traffic (roads and rights-of-way .
Roadway Type (LOS) (LOS) Peak
Standard
Collector* C D. *Excent Countrv Club Drive and
Seabrook Road which are C
��Ee�fe�e��=-C-��—m�--�a E E
c �. ,. �, n,,.,,a .,,i.:,,t, �t,�i� �.ol
Acavrvvs icvauj /
Urban minor arterials C D
Principal arterials C D
(2) Sanitary sewer. A central wastewater level of service standard of 108
¢allons ner canita ner dav is herebv adonted and shall be used as the basis
of estimatin� the availa bilitv of canacitv and demand �enerated bv a
nronosed develonment nroiect.
���ege�'3t r�r .,., n,,;�� ��,,.., r�,rc��
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h�4 ,.,,r�,,.,��.,,,«o�� c�� ,..,n,,,,�t�,,,.aia.,.,
(3) Drainage. A public drainage facilities level of servi�e standard of a 25
�ee-year frequency, 24-hour duration storm event is hereby adopted, and
shail be used as the basis of estimating the avail�.bility of �apacity arid
demand generated by a proposed develapment praject. As a general
drainage xequirement, each proposed prc�ject and!or site must mai��tain 95
percent of all stormwater runoff on-site.
(4} Pat�zble vva�er. The following patable vvater level of service stan�ards are
hereby ��iopteci �nd sha11 be used as the basis f�r estimating the
availabiiity af faciiity capacity and demand generated by � proposed
develo�ment project:
a. Average day water consutnption rate:
Residential 175 -�8 gallonsr'capita/day
AT �;aa„+•.,i* �n ,.,,t�„ ��w.,�°,t�.,� �� �„����s„+• „
.'� Z13i�C�iZVIS�
b. Max imum c�'cay water cansunzp�i�n �ncludin zrr°iQation :
Res�dentiai ~ � 1$t� galions/capitalt2ay
Nc�nresidential� 3,030 gallons/acre/day *'~��'�•�'°° ��'�R°*�^�.
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(5) Recreation level o, f service standards table.
Area/activity (unit/population Classification standard
Neighborhood parks 2 acres/1,000
Community parks 2 acres/1,000
,
Beaches 1 mile/31,250
Golf courses 9 holes/30,000
Tennis 1 court/2,500
Basketball 1 court/2,500
Baseball/softball 1 field/7,200
Football/soccer 1 field/4,800
Playground areas 1 acre/3,600
Beach access easements 1 per 1/2 mile of developed or redeveioped beach frontage
(6) Fi�e flow requirements. All development and/or major redevelopment
must provide the necessary infrastructure improvements for fire
suppression, including adequate fire hydrant placement, to meet the
development's fire flow requirements in accordance with NFPA #1,
Uniform Fire Code, Florida edition.
(7) Pedestrian walkwc�ys. All development and/or major redevelopment must
provide a minimum five � foot wide continuous path of travel for
pedestrians (sidewalks). Sidewalks sha11 be parallel to all roadway
surfaces and be at least four feet from the edge of the roadway pavement.
All sidewalk improvements shall be installed and maintained by the
adjacent property owner. Location, set t�ack, width a:nd inaterial shall be '
approved by the village.
(1� ResetcVed T'�=': r .,.,�„+ ��,.,tL-.... •,�;�..>...b„�� �� ��,_ va �n� c rr„��
T' 'l.l T �.«�-.�4;..++ D1o.L1SIiDRT T A TC'l
z irv< �.
(j� The development shall project for the reservation and pres�rv�.tion of existing and
futi,�re rights-of-way as n3ay be determined by ��ie �illags a.nd in conforrnance with
tne c�unt�� and village right-of-way pratect�ar plan.
�k) Site plans shail be required which inec�rporate inno�,ative urb�n, architectural,
an�ir'or engineering design of impervious areas (e,g., parking l�ts) to maximize the
retenti�n of rainfall to these areas which ��ill increase the recharge of groundwater
while reducing stormwater runoff.
(1) A1l neN developments shail be required to limit �ost-de��Qlopment surface water
runoff rates and volumzs to predevelopment conditions.
(m)All proposed n�;w deveiopment and major redevelo�ment within the coastal
�ui?ding z�r�e of the villa�e rnust provide f�r �he de�ication of p�blic access
eas�m�nts meeting the adopted level c�f service standards.
(n) All proposed new development and major redevelopment, as part of the site plan
review and s�,zt�divisian review process, shall submit a drainage/ervironmental
siatetnent describing how the prop��sed d�velapment �vill affect the estuarine
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water quality of the class III waters of the village, and also an environmental
impact assessment study prepared by a qualified ecologist or other professional
qualified to do such an assessment. The study shall meet the requirements of
chapter 50, article II, pertaining to environmentally sensitive lands.
(o) New development and redevelopment shall not be permitted within the coastal
high-hazard area of the village as defined in section 78-832 �8-�� except in
accordance with the mandates of chanter 78 article XII. °°�*�^~ '74 ''40
(p) Notification of neighboring jurisdictions of any external impacts that a proposed
project might have within those jurisdictions and assessment and mitigation of
those impacts shall be required.
(q) Determination of needed public facility improvements shall be made during the
site plan and/or subdivision review process and prior to the issuance of a
development order and building permit.
(r) Stormwater management facilities including curbs, gutters, piping, culverts,
ditches, etc., shall be provided based on engineering calculations and design
standards to ensure that all drainage improvements are in conformance with
chapter 74, article IV.
Sec. 78-332. Preapplication meeting; ontional nre-annlication review nrocess.
�a A preapplication meeting called by the communitv develonment director ��g
e�i� between appropriate village officials, the landowner or representative, and
other entity representatives deemed appropriate shall b� required prior to
application submittal for site pian review to ensure proper coordination, intention
and understanding in the development of land and buiidings and to consider
compliance with applicable village regulations. See section 78-331(g) for a list of
possible preapplication meeting attendees. The applicant is responsible for
prop�rly notifying the various affected agencies in the list of the time, place and
subject of the preapplication meeting.
� Prior to submittin� a site �lan review ax�nlication and committin� the resources
reauired to�roceed throu�h the site alan review apnlicaiion nrocess as reauirzd
�� section 78-334, an at� �licant ma�choo�e to�artici�ate in the followin nre-
applic ation process rn order tc, �au,�e int�rest in his t�ro�osed nroiect. '
(1) Concentuc�l �aYesentation Based on the outcome af the�re-annlication
meetinQ the aunlica mav reauest ta �resent his concentual site nlan to
tk villa�e couucil in_order to receive furth input This concebtual
�resentation is not a auasi-iudicial nroceedin� and no action shall be
taken bv the villa�e council bevond discussion with the anblicant, Neither
the autcome of this con ceptual ure sentation no anv comments made
durin� this co ncentual �resentation bv anv villa�e council member or
villa�e staff is a guar�ntee or a.ssuraiice in anv wav of the final action that
m a� t�k_ en____b�t� � e villa�e council nursuant to a formal ap�licat for
site lan re view as �rc vided in section 7$-334. �!
(2) Prior to bein� �laced on a villa.�e. cauncil a��nda for a conceptttal
�resentation the anplicant shall submit the folio�
a. Fr �cessin� fee in an amount as established b resolurion of the
villa�e council and on file i� the viil��e clerk's office.
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b. Seven (7) �ve�ue con ies of sketches and dia�rams sufficient to
_ --
convev the concentual site nlan to the villa�e council. This mav
include site nlans, floor nlans and/or survevs.
c. Seven (71 �we�ve conies of a brief exnlanation that the nronosed
site nlan com nlies with villa�e code. includins aesthetic
considerations.
Sec. 78-333. Contents of application.
(a) Applications for site plan review shall be filed with the communitv develonment
director ���e�F�' and shall include those of the following information
items that are applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the
subj ect property.
(2) Statement describing in detail the character and intended use of the
property.
(3) General location map, showing relation of the site for which site plan
approval is sought to major streets, schools, existing utilities, shopping
areas, important physical features in and adjoining the project, and the
like.
(4) ;R°�o��-°£� A site plan containing the title of the project and 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:
a. Boundarizs of the project, any existing streets, buildings,
watercourses, easements, section lines, and water and sewer Iines,
well and septic tank locations, and other existing irnportant
physical features on the site and on praperty adjacent to the site.
b. Exact location, use, height, and bulk of all buildings and structures.
c, Finished floor elevation and color renderin�s for all structures.
, d. Off-street parking and off-street l�lading areas.
e. Recreation facilities locations.
f. All screens anc� buffers.
g. Refuse coliection and service areas.
h. Ac;cess �o ��tilities and points af utilities sioQkups and locai��n of all
fire hydrants close en�ugh for fire protectian.
i. Tabulations af total gross acreage in the �z�aject and the
percentages thereof proposed t� be de�oted to the various uses,
graund coverage by structur�s, open space and impervious surface
coverage.
�. Tabulat�ons 5110W1i1'�,T th�: derivation of iiupnbers c?f off street
p�rkin� and aff-strezt loading spaczs a�nd total project densit,y in
dwelting units per acre, if a�plicabie.
k. �Glor and nlaterial examt�les an�/c�r san�ies for all str�ctures
includin� roof walls t rim na vers. etc.
(5} A�amprehe��sive �raffic study, whic,h shall be provided by an engin�ering
firm mutually agreed upon by both the vi�lage and the applicant. The study
�
shall be paid for by the applicant and shall include but not be limited to the
following:
a. Future right-of-way dedications.
b. Intersection improvements.
c. Traffic control devices.
d. Traffic generation analysis.
e. Distribution and assignxnent of traffic access.
f. Additional roadway needs.
g. Traffic safety standards, including the separation of pedestrian and
vehicular traffic.
(6) 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.
(7) Preiiminary storm drainage and sanitary sewage plans or statements. If the
village determines that the drainage and/or sewage plans require
independent review, the applicant shall pay for such review by an
independent engineer.
(8) Architectural elevations and color renderin�s for buildings in the
development, and exact number of units, sizes and types, to ;ether with
t-�pical floar plans of each type.
(9) Landscaping plan, including types, sizes and locatians of vegetation and
decorative shrubbery, and showing provisions f�r irrigatior systems. Plar�s
shall also provide delineation of existing trees and inforxnation as to which
trees ��ill be reused or removed. Landscanin� nlans shall_comnlv with
section 78=400. I�i addition landscaain�plars shall include irri�ation
t�� in accordance with sectian 78-�R$,. _an� shall demonstrate
co m�liance with Florida Frien Landsc;aninff desi�n standards as
reauired bv section 78-394. as apnlicable (See _section ?8-392 for
annl'acabilitv�.
(1 Q j Plans for signage including size, lacatian �.nd ai�ier�tation.
(1 l,l Exterior lighting of all buildings, parking areas and the overall site,
a.ddressing glare, traffic safety, econ�mic effect and com�atibility and
harmony with adjacent properties.
� 12) Plans for recreation facilities, if any, includin� buildings and
structuras for such use.
�13) Plans for ±he �xtt•actian of fill and min�rai :eso�arces and alteratiars
ar modificatians to the slope, �Ievatic�n, drait�a�e p�ttern, natural
vegutation and accessibilit�� of the developrrz° nt.
(14� Such additiona� data, maps, plans or st���rnents as rnay be rec�uired
by the viilage for the particular use ar �.c±ivity involved, including impacts
on affected community facilities and services er�atzd by th;, development.
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(15) Such additional data as the applicant may believe is pertinent to the
site plan.
(16) If development is to occur in phases, those phases should be
clearly delineated on the site plan and identified in the plans and
requirements appurtenant to that site plan, and each development phase
shall be subject to site plan review by the village.
(17) The substance of covenants, grants of easements or other
restrictions proposed to be imposed upon the use of the land, buildings and
structures, including proposed easements or grants for public utilities, if
applicable.
(18) A statement from the applicant that the submitted site plan is
consistent with the goals, objectives, and all other provisions of the village
comprehensive development plan, and further that the projected use is
specifically authorized by development ordinances and regulations. The
statement shall include, but not be limited to, specific references to those
sections of the comprehensive plan relating to the proposed developrnent.
(19) A statement from the applicant or landowner that all pertinent
permits are concurrently being sought from the applicable county, state,
and federal agencies. Such permits shall be secured prior to the issuance of
a building permit for any development on property included within the site
plan.
(b) Items listed in subsection (a) of this section in the application content which
require the preparation of architectural or engineering drawings shall be prepared
and certified by an engineer or architect registerzd in the state. Land surveys, site
plans and plans and requirements appurtenant to site plans sha11 be prepared and
certified by a registered surveyor, engineer, architect or landscape architect, or a
practicing land plaruier, as may be appropria�e to the particular item.
(c} �ny item submitted as part of the application content vvhich requires modification
at any time during the site plan review pracess b� tlie village may be so modified
without resubmittal of an entirely new application; provided, howev�r, that the
modification is approved by the buildin� official and vill_age council and is
determined to be consistent wit� the tenns and int�nt of this section and the
zaning district in which the site is located.
Sec. 78-334. Agpl�cation and review process,
Applications for site �lan revi�w shall adhere to the foltowing procedures and
requirements:
(a) Pre�pplication maeting. A preappl_ication submittal nieeting shall be held
with the applicant and his design t�am and the communitv develonment
t-. 'i.a:.,.,� ..�f;,='
dir zctor �n�-o�=� �n� �s develapment staff�ursuant to sectio��
78-332
(b) �ieview by the develoz�merat �°�view cona�nittee ., �. '
�B� L._?�oxn receit�t of alI rec�uir�d �Ia�s� exhibits �nd sup�urt
ocuments fr�m the appli includin�n�t limited to seven�7
�oUies i 1x 17 sized three�c�s fixli siz�d, and one �1 cU�V in a
di�ital format as �ecified bv the villa�e of the documents reauired bv
9
section 78-333. t �he develonment review committee. which is comnrised
of zonin� nublic works nolice and fire denartment renresenta.tives. and
en�ineerin� traffic and landscanin� consultants. as well as other
denartment renresentatives or consultants as determined bv_the community
development director or designee and as listed at section 78-331(�l shall
review the submitted site plan, and plans and requirements pertinent to the
site plan, to ensure compliance with the applicable site regulations, use
regulations, parking regulations and all other technical requirements. If the
application is deemed by the devel�nment review committee E��3�
to be at variance with such regulations
and requirements, further action on the site plan review shall be stayed
until such variance is resolved or appropriate application is made to the
boazd of adjustment or the village council, as appropriate, and the
necessary vaxiance is granted in accordance with article III of this zoning
ordinance. If the application is deemed by the develonment review
committee Ee '*� a'� `'� + ''°°'""°° to be in
compliance with such regulations and requirements, the application and all
exhibits and any additional comments of the develonment review
committee oe •� a �e����«t�e��gn«--�=a -�
,a i � �o�,> �
a� �me���--�----� concerning such application shall be submitte
by the community development director or designee to the planning and
zoning advisory board. The community development director or designee
shall submit such appiication for planning and zoning advisory board
review within 45 days �f receipt of a completed application. Within 45
days of review by the planning and zoning advisory board, the community
develapment director or designee shall then slibmit such application,
including the recommendations of tl�e planning and zoning advisory
boaxd, for village council review. However. for the items snecified in
sectio 22-53(bl th.e �lannin� and zanin� advisorv board has final
anoroval autl�pritv and those items do nct reguire further abnroval bv the
v illa�e cou
(c) Revieu� by planning and z�ning adviso�y bo�Yd. Upon receipt of all
required plans, e�ibits and support d�cuments from the commu
develo�ment director ��r�a�:�, including but not limited to nine
�9 -� copies 11x17 sized three 31 canies full sized, and ane ll) co�v �n a
di�ita� form�t as s�ecifiec� bv the villa�e of the documents reauired bv
section 78-333 °� -+ „ °'' "'*° "'° � '' ' °'*°
.7 � Y Y� Y r r
1' t++; �.1 � 1 » . � ' r 7 1 > >
.t „� ' � ' �
*'� ��mri' and any other exhibits �ieemed appropriate by the
develo�nlent r�view �omn�ittee e-�� ' � -�
,� �a +�,a ao<,a�a ��±_ �+�;� th.� pianxung and zoning ac�visor�
b r m
board shall. hoid a public l�e�ring to review�, eonsider �nd make
reconunendati€��:s ta �h� village council. or take final aciio_n pursuant to
section 22-5� regarding the application. Notice of public hea:ing shall
be adver�ised a. miiumutn of 4�n days in advance of the pubiic hearing in a
newspaper o� general circulation in the area. The owner of the property for
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which site plan review is sought or his agent or attorney designated by him
on the submitted application shall be notified by mail of the date and time
of the hearing.
(d) Review by village council. Upon receipt of all required plans, exhibits and
support documents from the communitv develonment director �g
e�f s}a�, including but not limited to seven 7-� copies 11 x 17 sized. three
(31 conies full si zed and one (11 conv in a disital format as snecified b�
the villa�e of the documents reauir bv section 78-333 ��r�
5��@�6S2C`�a--�=��'� � '+ ��;.,t,+;,,rt_,.1. t.,,;la;,,n
e �'�cuP' � �' " °
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r
other exhibits deemed appropriate by the develonment review committee
,
the village council shall hold a public hearing to review, consider and act
upon the application. Notice of public hearing sha11 be advertised a
minimum of ten days in advance of the public hearing in a newspaper of
gen�ral circulation in the area. The owner of the property for which site
plan review is sought or his agent or attorney designated by him on the
submitted application shall be notified by mail of the date and time of the
hearing.
(e) Action by village council. After review, the village council shall grant
approval, with conditions, or deny the application and direct the building
official to approve or withhold approval of the building permit.
(f� Approval grantecl with conditions. When certain conditions are attached to
the site plan review, the conditions shall be stated in writing on the order
granting site plan review and shall become a part of the ap�roved site pl�n.
Conditions of annro shall be related to the bronosed development and
shall be rou�hlv nronortional to the anticibated imnacts af the nronosed
develonment.
{g j I)eveiaper�'s agreefnent. The village council may r�quire an applicant to
enter into a developer's agreement with the village if the village council
deems such agreement appropriate. If a developer's a.greement is required
of an appiicant, it sha11 re set forth in a recordabl� form, acceptable to the
village attorney.
(h) 7'inae �ir�ait for applicatio�i.for bzrilding permit. A building permit must be
issued v�tl�in one year of the date af the site pian a��proval or the approval
sha11 be nuliified. In the case of a site �lan which pr�vides far
development phases over a period of years, the village council shall set
forth time within which application for building permit on each phase
shall be filed. If application:s for building permits are not issueci �vithin
th�se t�mes, the apprc,v�.l shail terminate and b� deeined null and void
unl�ss such tirne period is extended for one mcsre year orz�y by the village
eoun�il upon vvritten request of the appli�ant, su�mitt�d t� the viliage,
�rior to ex�iration of the site plan.
(i) Application fee.
il) A�minis7rative costs. To co�er aii administrat�ve costs iricurred by
the villagz in the site plan review process, th� applicant shall, �apon
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subrnittal of the application for site plan review, pay a fee in an
amount as established by resolution of the village council and on
file in the village clerk's office.
(2) Additional costs. To cover � a� additional ' costs
*� � ��*�^� including, but not limited to advertisin�
costs. engineering fees, consulting fees, attorneys' fees, �–��
e�s and special studies, which are not cantured bv the ant�lication
f� the applicant shall reimburse �ex�e the village for all
such costs � �
�e not later than 30 days after being invoiced bv the villase.
Failure to make such navment mav be �rounds for not issuin� a
buildin� or zonin� nerm or certificate of occunancv or
comnletion final '' *' ��' �' +'� Y1L1{AF � "".
YY rr«.�
Secs. 78-335-78-360. Reserved. -
Section 2: Chapter 78. `Loning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX Supplemental Regulations, Division 3 Special Exception Uses,
section 78-365, to provide that conditions of approval must be related to the proposed
development and shall be roughly proportional to the anticipated impacts of the proposed
development, and at section 78-369, to update optional spec�al exception use pre-application
review process submittal requirements; providing that sections 78-365 and 78-361 shall hereafter
read as follows:
DIVI�ION 3. SPECIAL EXCEP'TION USES
Se�, 78-3C5. Impasition of additio�al condi$ions and safegc�ard�.
(a) In addition to the criteria listed in section 78-3�3, the required approval findings
lis�ed in sect�on 78-364 and specific conditions for the particular special exception
ase listed within the appli�able zoning district re�alations, the village council may
impase other such conditions and safe�uards as i� de�ms a�propriate in canfoi
vvith this chapter for the protection of the surrounding properti�s and the
neighborhoad or general welfare of the public. Conditic,ns of a��roval shall be
related to the urobosed develobm and shall be rou�hlv pronortional to the
anticir�ated imnacts of the nronosed develanment�
(b) If the special exception use is granted by zhe vil�age eouncil, th� use must conform to
all th� applica�le regulations governing the district �rhere i; is located, except as may
�thervvise be det�rmined for planned d�v�lcpments. Failure to coznply with all the
�.��,Iieabae regul«tiens governing the clistriet as requir�d by t�e site plar a�proval
procPss ��•iIl void the granted s�eczai eYCeption use.
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Sec. 78-369. Optional pre-application review process.
Prior to submitting a special exception application and committing the resources
required to proceed through the special exception application process as required by
section 78-370, an applicant may chooss to participate in the following pre-application
process in order to gauge interest in his proposed project.
(3) Pre-application meeting. A pre-application submittal meeting shall be held
with the applicant and his design team and the develonment review committee
,. --•� a�L�e��_��e a a� r o�� ��„� The applicant's
proposed use sha11 be reviewed and discussed in order to identify any issues
with the proposed use, the applicable use regulations and/or other applicable
requirements.
(4) Conceptual presentation. Based on the outcome of the pre-application meeting,
the applicant may request to present his special exception use concept to the
village council in order to receive further input. This conceptual presentation is
not a quasi-judicial proceeding, and no action shall be taken by the village
council beyond discussion with the applicant. Neither the outcome of this
conceptual presentation, nor any comments made during this conceptual
presentation by any village council mernber or village staff is a guaxantee or
assurance in any way of the fmal action that may be taken by the village
council pursuant to a formal application for special exception use as provided
in section 78-370.
(5) Prior to being placed on a village couracil agenda for a conceptual presentation,
the applicant shall submit the following:
d. Pracessing fee in an amount as established by resolution af the
village council and on tile in the village clerk's office.
e. Seven 7�� copies of sketches and diagrams sufficient to
convey the conceptual use to the village council. This may
include site plans, floor plans and/or surveys.
£ Seven 7�-�e�e copies of a brief explanation that th4
proposed special exception use is compatible with the
surrounding uses and the neighborhood in general.
Seetion 3: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previousl}� en�eted. :
Section 4: All Ordinances or parts of Urd'znances in conflict herewith be and tlie same
are hereby repealed.
Section 5: Should any Section �r prov�sion oi this Ordinance or any portion thereaf,
any paragraph sentence or word be decla� �y a�curi �f competent;urisdactian to be invalid,
�uch decisic�n shall not affect the validity ef the rernainder �f this C)rdin�nce.
Section 6: Specifc authar�ty is hereby grar�ted to codify this drdinance.
Seetion 7 : This Ordinance shall became effective immediat�ly upon passage.
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