HomeMy WebLinkAboutDocumentation_Regular_Tab 25_10/10/2013 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: 42-13
10/10/13
Consent Agenda: No Resolution #:
Originating Department: Attorney
� � � • • • • - : - • • -�•
ORDINANCE 42-13, FIRST READING, 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 LEVEL 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 UNITED STATES SUPREME COURT; AND AT SECTION 78-369, TO UPDATE OPTIONAL
SPECIAL EXCEPTION USE PRE-APPLICATION REVIEW PROCESS SUBMITTAL
REQUIREMENTS
� . , -.
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Appropriate Fund Balance:
�' • � •' .� • •- • • • .�-
�...� , .
Department Head Submitted by legal
Finance Director
` r ; ; �
Reviewed for Financial S,ufficiency ❑ ,/ �;
No Financial Impact [] � J �
Attorney: (for legal sufficiency)
Village Manager:
Submit for Council Discussion: � ��� �,��- f 0� �`�� �,
Approve Item: ❑
Deny Item: �
ORDINANCE NO. 42-13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE 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
LEVEL 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 ASSOCTATED 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 UNITED STATES
SUPREME COURT; AND AT SECTION 78-369, TO UPDATE OPTIONAL
SPECIAL EXCEPTION USE PRE-APPLICATION REVIEW PROCESS
SUBMITTAL REQUIREMENTS; PROVIDING THAT EACH AND
EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 78.
ZOlVING. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village Council desires to update its site plan review process to provide
for internal consistency, update the list of outside regulatory agencies, bring level of service
standards into conformance with the Village's Comprehensive Development Plan, provide for
development review committee procedures and for an optional pre-application conceptual
review, and update certain application requirements, including requirements for the imposition of
conditions of approval; and
WHEREAS, the Village council desires to specify that conditions of approval associated
with the granting of a site plan or special exception must be related to the propased development
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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 of Tequesta
is hereby amended at Article IX Supplemental Regulations, Division 2 Site Plan Review, to
provide for internal consistency, to update the list of outside regulatory agencies, to bring level
of service standaxds 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 application requirements, including
requirements for the imposition of conditions of approval; providing that Article IX Division 2
shali hereafter read as follows:
DIVISION 2. SITE PLAN REVIEW
Sec. 78-331. Required; development standards; required facilities and infrastructure.
Sec. 78-332. Prea�plicatian meetin : ontional nre-annlication review t�rocess.
Sec. 78-333. Contents of application.
Sec. 78-334. Applicatian and review rop cess•
Secs. 78-335-78-360. Reserved.
Sec. 78-331. Required; development standards; required facilities and infrastructure.
By the terms of this chapter, all pertnitted uses in all zoning districts except R-1A
and R-1, all special exception uses as approved by the village council, all planned
residential development (PRD), planned commercial development (PCD), and planned
mixed-use development (PMUD), all miscellaneous development and redevelopment, all
subdivisions, and all uses or construction lying partially or entirely in special flood
hazard areas shall comply with the following:
(a) Site plan review is required.
(b) Conceptual review of the overall development, if phased, is required.
(c) The development shall conform 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 blanning and zoning advisorv board has final
ar authoritv and those items do not reauire further annroval bv the villa�e
council.
(� No building pernuts 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) Insta.11ation of all required public facilities/infrastructure/services prior to
or concurrent with the development impacts.
(2) Phasing of all required public 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 Deparhnent (Fire Marshal).
(3) Loxahatchee River Environmental Control District (ENCON).
(4) Department of Environmental Resources Management (DERM).
(5) South Florida Water Management District (SFWMD).
(6) Florida Department of Transportation (FDOT).
(7) Reserv �'����--��uEk �3r�r °��—��e���-
(8) Metropolitan Planning Organization of Palm Beach County (MPO).
(9) Palm Beach County Traffic Engineering Division.
(10) Martin County Metropolitan Planning Organiza.tion.
(11) Martin County Traffic Engineering Department.
(12) Florida Power & Light Company.
(13) Telephone service brovider. as anblicable �e�.
(14) Solid waste purveyor.
(15) Tequesta Water Department.
(16) Other municipal, county, state and/or federal agencies as may be
applicable.
Evidence of fmal acceptance of the development or redevelopment project
by agencies listed in this subsection must be submitted to the village prior
to review by the village council pursuant to section 78-334(d).
(h) All new development and/or redevelopment must provide the necessary
infrastructure to meet the following level of service standards. Each application
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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) Tra�c (roads and ri hts-of-way).
Roadway Type (LOS) (LOS) Peak
Standard
Collector* C D, *Excebt Countrv Club Drive and
Seabrook Road which are C
r���ei'—r�-^'�'� rt„t� r, r . -�=o=�-a�� E �
�
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 adobted, and shall be used as the basis
of estimatin� the availabilitv of canacitv and deznand �enerated bv a
ro ose evelo ent ro'ect.
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(3) Drainage. A public drainage facilities level of service standard of a 25
�ee-year frequency, 24-hour duration storm event is hereby adopted, and
shall be used as the basis of estimating the availability of capacity and
demand generated by a proposed development project. As a general
drainage requirement, each proposed project and/or site must maintain 95
percent of all stormwater runoff on-site.
(4) Potable water. The following potable water level of service standards are
hereby adopted and shall be used as the basis for estimating the
availability of facility capacity and demand generated by a proposed
development project:
a. Avera e da water consumption rate:
Residential 175 �9 gallons/capita/day
rr,.,,,.o�;ao�+;.,��x �n�n �i„��!�,�� .. *;r,.�„ao� ',».:,��f;�„ _
L'v cccc�rrivra�ccc�
b. Maximum day water consumption inclu in irri atio :
Residential 180 gallons/capita/day
Nonresidential*— 3 gallons/acrelday *�„�'�•'°° ��^�*�^^.
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(5) Recreation level of 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
Basebail/softball 1 fieldl7,200
FoatbalUsoccer 1 field14,800
Playground areas 1 acre/3,600
Beach access easements 1 per 1/2 mile of developed or redeveloped beach frontage
(6) Fire 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 #l,
Uniform Fire Code, Florida edition.
(7) Pedestrian walkways. All development and/or major redevelopment must
provide a minimum five si� foot wide continuous path of travel for
pedestrians (sidewalks). Sidewalks shall 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 mainta.ined by the
adjacent property owner. Location, set back, width and material shall be
approved by the village.
(i) Reserved
�o.,�;L.lo T,. � , � .r Pvicccav" D xrricciriix�v -i c - z� - r -T i - o7.
(j) The development shall project for the reservation and preservation of existing and
future rights-of-way as may be determined by the village and in conformance with
the county and village right-of-way protection plan.
(k) Site plans shall be required which incorporate innovative urban, architectural,
and/or engineering design of impervious areas (e.g., parking lots} to maxixnize the
retention of rainfall to these areas which will increase the recharge of groundwater
while reducing stormwater runoff.
(1) All new developments shall be required to limit post-development surface water
runoff rates and volumes to predevelopment conditions.
{m)All proposed new development and major redevelopment within the coastal
building zone of the village must provide for the dedication of public access
easements meeting the adopted level of service standards.
(n) All proposed new development and major redevelopment, as part of the site plan
review and subdivision review process, shall submit a drainage/environmental
statement describing how the proposed development will 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, articie 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 7-832 �� except in
accardance with the mandates of chapter 78 article XII. �°�*��„ �4 �4°
(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 sha11 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. Preapplieation meeting; outional nre-annlication review nrocess
�a A preapplication meeting called by the communitv develobment director ��g
�� between appropriate village officials, the landowner or representative, and
other entity representatives deemed appropriate shall be required prior to
application submittal for site plan review to ensure proper coordination, intention
and understanding in the development of land and buildings and to consider
compliance with applicabie village regulations. See section 78-331(g) for a list of
possible preapplication meeting attendees. The applicant is responsible for
properly notifying the various affected agencies in the list of the time, place and
subject of the preapplication meeting.
�b Prior to submittin� a site nlan review annlication and committin� the resources
reauired to nroceed throu�h the site nlan review anplication nrocess as reauired
bv section 78-334, an anblicant mav choose to barticinate in the following nre-
annlication brocess in order to �au�e interest in his nronosed nroiect.
(1) Concez�tual nresentation. Based on the outcome of the nre-annlication
meetin�, the ab�licant mav reauest to nresent his concentual site nlan to
the villa�e council in order to receive further input. This concentual
�resentation is not a auasi-iudicial broceeding. and no action shall be
taken bv the villa�e council bevond discussion with the annlicant. Neither
the outcome of tl�is concentual nresentation, nor anv comments made
durin� this concentual �resentation bv anv villa�e council member or
vzllase staff is a guarantee or assurance in anv wav of the final action that
_ _ _---
mav be taken bv the villa�e council nursuant to a formal anblication for
site �lan review as �rovided in section 78-334
(2) Prior to bein� nlaced on a villa�e council a�enda for a concentual
nz�esentation. the an�licant shall submit the followin�:
a. Processin� fee in an amount as established bv resolution of the
villa�e council and on file in the villa�e clerk's office.
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b. Seven (7l �e�ve conies of sketches and dia�rams sufficient to
conv the concentual site nla to the villa�e counci Thi mav
_ _—__ __ _ -_
inclu e site nlans floor nlans and/or survevs.
c. Seven (71 �ve�ve co�ies of a brief exnlanation that the nronosed
site nlan com�lies with villa�e code. including aesthetic
considerations.
Sec. 78-333. Contents of application.
(a) Applications for site plan review shall be filed with the communitv devel_onment
director ���; �e�� and sha11 include those of the following information
items that are applicable:
(1) Statements of unity of title, warranty deed, or purchase contract of the
subject 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) '''•��°'��° ^�„�°° °� � 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. Boundaries of the project, any existing streets, buildings,
watercourses, easements, section lines, and water and sewer lines,
well and septic tank locations, and other existing important
physical features on the site and on property 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 loading areas.
e. Recreation facilities locations.
f. All screens and buffers.
g. Refuse collection and service areas.
h. Access to utilities and points of utilities hookups and location of all
fire hydrants close enough for fire protection.
i. Tabulations of total gross acreage in the project and the
percentages thereof proposed to be devoted to the various uses,
ground coverage by structures, open space and impervious surface
coverage.
j. Tabulations showing the derivation of numbers of off-street
parking and off-street loading spaces and total project density in
dwelling units per acre, if applicable.
k. Color and material examnles and/or samnles for a11 structures
includin� roof. walls. trim. navers. etc.
(5) A comprehensive traffic study, which shall be provided by an engineering
firm mutually agreed upon by both the village and the applicant. The study
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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 assignment 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, sta.ternents 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) Preliminary 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 renderings for buildings in the
development, and exact number of units, sizes and types, together with
typical floor plans of each type.
(9) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems. Plans
shall also provide delineation of existing trees and information as to which
trees will be reused or removed. Landscanin� nlans shall comblv with
s ction 78-400. In addition, landscanin� nlans sha11 include irri�ation
nlans in accordance with section 78-398. and shall demonstrate
comnliance with Florida Friendlv Landscanin� desi�n standards as
reauired bv section 78-394. as anblicable (See section 78-392 for
annlicabilitvl.
(10) Plans for signage including size, location and orientation.
(11) Exterior lighting of all buildings, parking areas and the overall site,
addressing glare, traffic safety, economic effect and compatibility and
harmony with adjacent properties.
(12) Flans for recreation facilities, if any, including buildings and
structures for such use.
(13) Plans for the extraction of fill and mineral resources and alterations
or modifications to the slope, elevation, drainage pattern, natural
vegetation and accessibility of the development.
(14) Such additional data., maps, plans or statements as may be required
by the village for the particular use or activity involved, including impacts
on affected community facilities and services created by the 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 development.
(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 sha11 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 registered in the state. Land surveys, site
plans and plans and requirements appurtenant to site plans shall be prepared and
certified by a registered surveyor, engineer, architect or landscape architect, or a
practicing land planner, as may be appropriate to the particular item.
(c) Any item submitted as part of the application content which requires modification
at any time during the site plan review process by the village may be so modified
without resubmittal of an entirely new application; provided, however, that the
modification is approved by the building official and village council and is
determined to be consistent with the terms and intent of this section and the
zoning district in which the site is located.
Sec. 78-334. Application and review process.
Applications for site plan review shall adhere to the following procedures and
requirements:
(a) Preapplication meeting. A preapplication submittal meeting shall be held
with the applicant and his design team and the communitv develonment
director '����'���� and his development staff, nursuant to section
7g_332
(b) Review by the development review committee
��e�= Unon receint of all reauired nlans, ea�hibits and sunbort
documents from the annlicant, includin� but not limited to seven (71
conies 11 x 17 sized, three (31 conies full sized, and one (1) conv in a
di�ital format as snecified bv the villa�e of the docuxnents reauired bv
9
section 78-333, t �he develonment review committee. which is comnrised
of zonin�, nublic works. nolice and fire denartment renresentatives. and
e��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(�) 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 develo�ment review committee ���}
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
board of adjustment or the village council, as appropriate, and the
necessary variance is granted in accordance with article III of this zoning
ordinance. If the application is deemed by the develonment review
committee ee�tr��-Qe�ae�e����e�^r�� to be in
compliance with such regulations and requirements, the application and all
e�ibits and any additional comments of the develonment review
committee
a°=�°'�r�°r* -�° °+��� concerning such application shall be submitted
by the community development director or designee to the planning and
zoning advisory board. The community development director or designee
shall submit such application for planning and zoning advisory board
review within 45 days of receipt of a completed application. Within 45
days of review by the planning and zoning advisory board, the community
development director or designee shall then submit such application,
including the recommendations of the planning and zoning advisory
board, for village council review. However. for the items snecified in
section. 22-53(bl, the nlannin� and zoning advisorv board has final
avnroval authoritv, and those items do not reauire further annroval bv the
villa�e council.
(c) Review by planning and zoning advisory board. Upon receipt of all
required plans, exhibits and support documents from the communitv
development director b' ' ', including but not limited to nine
�9 � copies l 1x17 sized, three (3) conies full sized, and one (1) conv in a
di�ital format as snecified bv the villa�e of the documents reauired bv
section 7�-333 ^�., ,. °„+ n oa �;�o ..�.,n �,,,,a ,. �i� ;+o
�,, "' , �
� .�,�:,,,. ..i„ �, i �, r a
"', uir�ii�-2�2��ssr9i�;—c^vxe�—fci�cc�'iii�S� E6�9�� ,
��e�i�-sa�e and any other exhibits deemed appropriate by the
development review committee
a�n;,.,,00 .,,,a +�,� a�<,o�,...,,,o,,,- �+.,� the planning and zoning advisory
board shall hold a public hearing to review, consider and make
recommendations to the village council, or take final action nursuant to
section 22-53(bl, regarding the application. Notice of public hearing shall
be advertised a minimum of ten days in advance of the public hearing in a
newspaper of general circulation in the area. The owner of the property for
10
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, e�ibits and
support documents from the communitv develonment director k��g
e€�c-}a�, including but not limited to s v n 7-�-� copies l lxl7 sized, three
f 3) conies full sized. and one (1) cobv in a disital format as snecified bv
the villa�e of the documents reauired bv section 78-333 °� ��� �-�-°»*
> > , �
, , , and any
other e�ibits deemed appropriate by the development review committee
, , „+ ,a;,. ,.+„ av �a t,; ,ao oi,. ,,,- �+„��
v o o �
the village council shall hold a public hearing to review, consider and act
upon the application. Notice of public hearing shall be advertised a
minimum of ten days in advance of the public hearing in a newspaper of
general 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.
(� Approval granted 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 approved site plan.
Conditions of abnroval shall be related to the nronosed develonment and
shall be rou�hlv nro�ortional to the anticinated imnacts of the nrobosed
develobment.
(g) Developer's agreement. The village council may require an applicant to
enter into a developer's agreement with the village if the village council
deems such agreement appropriate. If a developer's agreement is required
of an applicant, it shall be set forth in a recordable form, acceptable to the
village attorney.
(h) Time limit for application for building permit. A building permit must be
issued within one year of the date of the site plan approval or the approval
shall be nullified. In the case of a site plan which provides for
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 applications for building permits are not issued within
these times, the approval shall terminate and be deemed null and void
unless such time period is extended for one more year only by the village
council upon written request of the applicant, submitted to the village,
prior to expiration of the site plan.
(i) Application fee.
(1) Administrative costs. To cover all administrative costs incurred by
the village in the site plan review process, the applicant shall, upon
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submittal 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 an� � additional ���i��� costs
�^*"°' ��- � including, but not limited to advertising
costs. engineering fees, consulting fees, attorneys' fees, °–��
ses�s and special studies, which are not cantured bv the an�lication
f� the applicant shall reimburse ee�e�s�e the village for all
such costs n�;,.,. �„ +�.o o ,.�+,�o .,�; .,*;,, � ;+ �.,,�
,
�e not later than 30 days after bein� invoiced bv the villa�e.
Failure to ma.ke such avment mav be Erounds for not issuin� a
buildin� or zonin� nermit, or certificate of occunancv or
comnletion final .
Secs. 78-335-78-360. Reserved.
Section 2: Chapter 78. Zoning. 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 special exception use pre-application
review process submittal requirements; providing that sections 78-365 and 78-369 shall hereafter
read as follows:
DIVISION 3. SPECIAL EXCEPTION USES
Sec. 78-365. Imposition of additional conditions and safeguards.
(a) In addition to the criteria listed in section 78-363, the required approval findings
listed in section 78-364 and specific conditions for the particular special exception
use Iisted within the applicable zoning district regulations, the village council may
impose other such conditions and safeguaxds as it deems appropriate in conformity
with this chapter for the protection of the surrounding properties and the
neighborhood or general welfare of the public. Conditions of abnroval shall be
related to the nronosed develonment and shall be rou�hlv t�ronortional to the
anticinated imbacts of the nronosed develobment.
(b) If the special exception use is granted by the village council, the use must conform to
all the applicable regulations governing the district where it is located, except as may
otherwise be determined for planned developments. Failure to comply with all the
applicable regulations governing the district as required by the site plan approval
process will void the granted special exception 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 choose 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 develobment review committee
se�e;�ek�=e��eE�e�--���e;=e�o�� N� The applicant's
proposed use shall be reviewed and discussed in order to identify any issues
with the proposed use, the applicable use regulations andlor 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 member or village staff is a guarantee or
assurance in any way of the final 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 council agenda for a conceptual presentation,
the applicant shall submit the following:
d. Processing fee in an amount as established by resolution of the
village council and on file in the village clerk's office.
e. Seven 7�e 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.
f. Seve 7�e copies of a brief explanation that the
proposed special exception use is compatible with the
surrounding uses and the neighborhood in general.
Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously enacted.
Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 5: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 6: Specific authority is hereby granted to codify this Ordinance.
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Section 7: This Ordinance shall become effective immediately upon passage.
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