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HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_12/08/1987~i/s ,~ RESOLUTION NO. 1-87/88 E~ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA REGARDING ROADWAY IMPROVEMENTS AND JURIS- DICTION IN THE TEQUESTA AREA. WHEREAS, the Palm Beach County Tequesta Drive, Country Club Drive and that certain and Village of Tequesta assume maintenance including Tequesta within the corporate improvements be made has requested that responsibility for Drive Bridge, and limits of Tequesta to these roadways; WHEREAS, Palm Beach County and the Village of Tequesta have agreed upon funding responsibilities for these roadway improvements as indicated within the attached Intergovernmental Agreement; and WHEREAS, the Village of Tequesta desires to reaffirm its resolve to remain a participant in Palm Beach County's Road Impact Fee Program in consideration of this program of roadway improvements and roadway jurisdiction transfers. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA: Section 1. The Village Council hereby binds and adopts the foregoing recitals. Section 2. The Intergovernmental Agreement whereby Palm Beach County assumes funding responsibility for certain roadway improvements in the Tequesta area and maintenance responsibility for Tequesta Drive and Country Club Drive, located within the corporate limits of Tequesta, a copy of which is attached hereto and made a part hereof and incorporated by reference herein, is approved, and the Mayor is hereby authorized to execute the said agreement on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION who moved seconded by Councilmember _ put to a vote, the vote was as FOR ADOPTION was offered by Councilmember its adoption. The motion was _ and upon being follows: AGAINST ADOPTION The Mayor thereupon declared the foregoing Resolution duly passed and adopted this 8th day of December, 1987. Mayor of Tequesta ATTEST: Bill C. Kascavelis Village Clerk Carlton D. Stoddard INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA AND THE VILLAGE OF TEQUESTA REGARDING ROADWAY IMPROVEMENTS AND MAINTENANCE JURISDICTION IN THE TEQUESTA AREA THIS AGREEMENT, MADE AND ENTERED INTO AS OF THE DATE OF SIGNING BY THE LAST EXECUTING PARTY, BY AND BETWEEN: THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County" and THE VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as the "Village". WITNESSETH: f~ WHEREAS, the Village has participated with the County in the County's Impact Fee Program since its inception; and WHEREAS, it is the desire of the County to continue to cooperate with the Village in providing an adequate roadway transportation system to serve the residents of the Village; and WHEREAS, the Village is desirous of the County assuming jurisdiction and maintenance responsibility for Tequesta Drive from U.S. 1 to Country Club Drive, including Tequesta Drive Bridge and' of Country Club Drive from Tequesta Drive to the north County line; and WHEREAS, it is recognized that certain roadway improvements are necessary in the immediate future to maintain an adequate roadway transportation system on Tequesta Drive, Country Club Drive and Old Dixie Highway; and WHEREAS, as a part of the consideration for the entering into of this Agreement, the County and the Village have agreed to assume certain funding obligations for the above mentioned roadway improvements prior to the transfer of jurisdiction for Tequesta Drive and Country Club Drive. NOW, Therefore, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. The Village will be responsible for the Tequesta Drive improvements from immediately west of Cypress Drive to immediately east of U.S. 1, including design, right-of- way acquisition, construction, and general project administration. This project is referenced as Figure "F" of the Comprehensive Traffic Study (dated April 1987) prepared by Gee & Jenson as amended by the Preliminary Design Drawing/Exhibit presented to and approvecii by the Village on August il, iy€s7 attached hereto as Exhibit A. The project costs including design, right-of-way acquisition and construction will be reimbursed by the County to the Village as follows: A) $280,000 in Zone 1 traffic impact fee collections will be reimbursed during fiscal year 1988 and, as necessary, into fiscal year 1989 upon submittal of periodic invoices by the Village. These invoices may not be submitted more frequently than monthly and will be reimbursed by the County within thirty (30) days of receipt. -2- B) The balance of the project costs, estimated to be $300,000 but not to exceed $350,000, will be reimbursed by the County from funds currently programmed for the Old Dixie Highway project (S.R. 811 to north County Line) as a lump sum during the first quarter of fiscal year 1989-1990, subject to budget. C) The County agrees to include the Tequesta Drive Improvement Project for consideration when next amending the Five-Year Road Program Ordinance. Failure to include the Tequesta Drive Improvement Project within the Five-Year Road Program shall not nullify section 1(A) and 1(B) of this Agreement. 2) In order for the County to reimburse the balance of the project costs for the Tequesta Drive improvements, it is mutually agreed that the scope of the Old Dixie Highway improvements from Tequesta Drive to the north County line currently included in the County's Five-Year Road Program (1988-1992) will be reduced as follows: A) Only the existing two lanes on Old Dixie Highway will be resurfaced. B) Turn lanes will be constructed on Old Dixie Highway at the U.S. Post Office and at the intersection with County Line Road. C) The County will consider the transfer of $300,000, not to exceed $350,000, programmed for the Old Dixie Highway project for fiscal year 1989-90 to the Tequesta Drive project for Fiscal Year 1989-90 when next amending the Five Year Road Program Ordinance 3) The County agrees to address the five laning of Old Dixie Highway north of Tequesta Drive to County Line Road within its Five Year Road Program when circumstances are such that the five lane improvement is warranted based upon criteria used by the County for including such projects within its Five Year Road Program. J 4) The Village agrees; to undertake the protection of the thoroughfare rights=of-way for Old Dixie Highway, north of Tequesta Drive,i in accordance with the Thoroughfare Right-of-Way Protection Element of the Palm Beach County Comprehensive Plan. 5) The Village agrees to resurface Tequesta Drive from Cypress Drive to Country Club Drive and Country Club Drive from Tequesta Drive to the north County line prior to fiscal year 1990-91. Upon completion of this resurfacing the County will assume maintenance jurisdiction for Tequesta Drive including Tequesta Drive Rr~ dge from LT. c . 1 ~~^. vo'~.':a~CT`Y ~li~`; ~i i~"$ un:;: ~;;r %L3L`I3~i:z 1 Club Drive from Tequesta Drive to the north County line in accordance with Palm Beach County Resolution No. R- 87-1493, Village of Tequesta Resolution No. 16-86/87 and the Florida Department of Transportation Functional Classification of Palm Beach County roadways. Where applicable the Village will continue to maintain and beautify the landscaped areas of these sections of Tequesta Drive and Country Club Drive. The Village will also continue to maintain the pathways and streetlights for these sections of Tequesta Drive and Country Club Drive. 4 ~ ..'~ -3- 6) In specific acknowledgment of the cooperative effort provided for in this Agreement, the Village agrees to continue its participation in Palm Beach County's Fair Share Contribution for Road Improvements Ordinance. IN WITNESS WHEREOF, the parties hereto have caused this Intergovernmental Agreement to be executed by their duly authorized officials on the dates indicated for each. ATTEST: Made and executed on behalf of the Village of Tequesta, Florida, this day of 1987. BY: Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Mayor BY• Village Attorney ATTEST: Made and executed on behalf of Palm Beach County, Florida by its BOARD OF COUNTY COMMISSIONERS this day of _ 1987. 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I - ' . s.i." ..•-•-,,7-4.:-.S", 4--- 1 r•-''s,•.,-,-• --- -.'''', -- sr -, , EXHIBIT A ,-. ‘-=',.'-.• ,_ -1 , ., .‘,...,,,,4-gil 4t-,--;?'-'11,;,ir,t4"'',:f.7:. - 1 / - ~~- ' VILLAGE ��U� ��l���� l����\� v ���u�z������ ��� u �� �� �r�v������ BUILDING DEPARTMENT ' Post Office Box 3273 * 3577egucotu Drive TET 7egueotu, Floddu 33469-0I73 * (305) 746'7515 «�n�~ NOTICE OF MEETING PUBLIC HEARING DECEMBER 81 1987 7 :00 P .M. The Village Council of the Village of Tequesta , Florida, will hold a Public Hearing on an application for a Special Exception use (shopping center) within the C-2 , General Commercial District of the Village of Tequesta. The application for Special Exception use is submitted by Alan M . Strassler for Pantlin Associates . This application is an alteration to a previously approved Special Exception for the same project and is being submitted because the project has increased in land area, building areav parking requirements and a change in the project name . Respectfully, ' �� ju�t =~ ` ^Y°~~-~ Scott D. Ladd Building Official ' SDL :jms cc : Village Council Village Attorney Village Manager Posted : November 19, 1987 ` • VILLAGE OF TEQUESTA CORTMENT • "����,. • Post Office Box 3273 • 357 Tequesta Drive �'��, -'E Tequesta, Florida 33469-0273 • (305) 746-7515 LEGAL NOTICE NOTICE OF PUBLIC HEARING VILLAGE OF TEQUESTA PUBLIC NOTICE IS HEREBY GIVEN THAT THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, WILL HOLD A PUBLIC HEARING AT 7: 00 P. M. , TUESDAY, DECEMBER 8, 1987, IN THE VILLAGE HALL, 357 TEQUESTA DRIVE, TEQUESTA, FLORIDA, TO CONSIDER: THE APPLICATION OF ALAN M. STRASSLER FOR PANTLIN ASSOCIATES FOR A SPECIAL EXCEPTION AS PROVIDED BY SECTION X( J) OF THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA. ORDINANCE NO. 355, TO ALLOW THE CONSTRUCTION OF A 194,686± SQUARE FOOT SHOPPING .CENTER ( COUNTY LINE PLAZA) LOCATED AT 500 U. S. HWY. ONE NORTH, A PARCEL OF LAND LYING WITHIN A C-2, GENERAL COMMERCIAL DISTRICT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 ( SEE ATTACHED) PARCEL 2 ( SEE ATTACHED) AT SUCH TIME AND PLACE, THE VILLAGE COUNCIL WILL HEAR ALL EVIDENCE IN SUPPORT OF OR IN OPPOSITION TO THIS APPLICATION. YOU ARE ADVISED THAT IF ANY PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT THIS 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 AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. PLEASE GOVERN YOURSELVES ACCORDINGLY. VILLAGE OF TEQUESTA FOR THE VILLAGE COUNCIL CARLTON D. STODDARD, MAYOR )6(iegt • Aug BY: SCOTT D. LADD BUILDING OFFICIAL POST: NOV . 19 , 1987 PUBLISH: NOVEMBER 22, 1987 DECEMBER 4, 1987 r d • PARCEL 1 That part of the south 450 feet of Government Lot 1, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida, lying west of a line which is 51 feet westerly of the baseline of survey according to the right of way map for State Road No. 5, Section 93040-2503 prepared by the Florida Department of Transportation more particularly described as follows: Beginning at the southwest corner of Government Lot 1, Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; run thence north 00°12'12" west, along the west line of said Government Lot 1, a distance of 450.01 feet to a point in the north line of the south 450 feet of said Government Lot 1; thence south 89°57 '08" east, along said north line, a distance of 809.77 feet, more or less, to a point in a line which is parallel with and 51 feet westerly from measured at right angles to the baseline of survey according to the right-of-way map for State Road No. 5, Section 93040-2503 prepared by the Florida Department of Transportation; thence south 17°17 '07" east, along said parallel line, a distance of 471.42 feet, more or less, to a point in the south line of said Government Lot 1 ; thence north 89°57'08" west, along said parallel line,. • a distance of 948.24 feet, more or less, to the point of beginning. • PARCEL 2 Commencing at the intersection of the centerline of U.S. Highway No. 1 (SR No. 5) with the north line of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; thence southeasterly along said centerline a distance of 1875.19 feet; thence westerly parallel with the north line of Section 30, a distance of 53.49 feet to a point in the westerly right-of-way line of the 102-foot wide right-of-way for U.S.,._Highway No. 1, as shown on Florida Department .of Transportation right-of-way map section 93040-2503, and the Point of Beginning of the herein described parcel; thence continue • westerly parallel with the north line of Section 30, a distance of 451.27 feet; thence southeasterly parallel with the said westerly right-of-way line, a distance of 100 feet to the north line of a 50-foot wide road easement described in Deed Book 1066, Page 364, of the Public Records. of Palm Beach County, Florida; thence westerly along the north line of said easement; and parallel with the north line of Section 30, a distance of 27.7.57 feet, to the southeast corner of property described in Deed Book 1097, Page 379, of the Public Records of Palm Beach County, Florida; thence northwesterly parallel with the westerly right-of-way line of U.S. Highway No. 1,. and running along the east line of said property described in Deed Book 1097, Page 379, a distance of 250 feet;. thence westerly parallel with the north line of Section 30, and running along the north line of parcel described in Deed Book 1097, Page 379, a distance of 125.00 feet; thence southeasterly, parallel with the westerly right-of-way of U.S. Highway No. 1 a distance of 250.00 feet to the southwest corner of parcel described in Deed Book 1097, Page 379; thence westerly , along the westerly extension of the south line of parcel described in Deed Book 1097, Page 379, a distance of 83.91 feet to a line parallel with and 80 feet westerly from, as measured at right angles to, the west line of parcel described in Deed Book 1079, Page 379; thence northwesterly along said parallel line, a distance of 250.00 feet to the westerly extension of the northerly line of parcel described in Deed Book 1097, Page 379; thence westerly along said northerly line " a distance of 37.87 feet; thence northwesterly parallel with the westerly right of way line of U.S. Highway No. 1, a distance of 345.74 feet, more or less, to the South line of the northwest quarter (NW4) of the northwest quarter (NW;) of said Section 30; thence south 89°57 '08" east along said south line, a distance of 26. 19 feet to the southeast corner of the northwest quarter (NW;) of the northwest quarter (NWT) of said Section 30; also being the northwest corner-of Government Lot 2 of said Section 30; thence easterly along the north line of said Government Lot 2, a distance of 948.24 feet, more or less, to the said westerly right-of-way line of U.S. Highway No. 1; thence southeasterly along said westerly right-of-way line, a distance of 499.71 feet to the point of beginning. Together with a 50-foot wide easement for road purposes as described in Deed Book 1066, Page 364, Public Records of Palm Beach County, Florida. • • • • • • • OTTO-Z00-00-0£-0D-£V-09 • 01700-Z00-00-0£-017-£V-09 OZ00-Z00-00-0£-017-£f7-09 OT00-Z00-00-0£-017-£V-09 0600-T00-00-0£-O -£t-09 08TO-T00-00-0£-O '-£D-09 OTTO-T00-00-0£-O -£f7-09 00T0-T00-00-0£-0T7-£T7-09 0800-T00-00-0£-O '-£V-09 ��Z�Zd aNIZ XZNnOO H03 SISgWnN ZOHINOO AJH dOHd / • • . .. BROAD VW • *C-- CONDOMINIUMS . •. . .. . . . . • . . • • - , . . . • --A . • ' . . V LOBSTER -A --- 0 SHANTY \ ' -", ' SANDPOINTE - 2 . • r---- -— -— . - -- -I BAY . • ' . CONGRESS LIQUORS --k\-- , • Sc. • CONDOMINIUMS • •. • • PLUSH PONY LOUNGE . . . • .... \ 1 , 1 -vir HARBOR-RD NOR1 tP 17.171W-'----1.\. 73 0 F I9 C I C ICE I • • • • 1:;• _ • 0 'HOIVN-i \ P OF BLDG. — r 131-1-' .c 0,-, S/F • • '• ot alk.1:1-\-- • • RESID. • • Icr0 1_ IS LAND BOUNTY II \ ---S El.r Fir 4--- PROPOSED NEW ROAD ---4 06, , 2• , . ' 0• • DIOCESE OF • ' •PALM BEACH • F 0 • .. ..• .. . . , - ...... _MOTEL ----, . •.. .. . ,. . • , • TEQUESTA • . .. ., . COMMERCE CENTER ” • ' •• . . 4,4!....3,104.‘,..--....:::::: . . , • . . 6oga..% VILLAGE OF TEQUESTA /1-/G-8 7 • APPLICATION FOR SPECIAL EXCEPTION THE UNDERSIGNED REQUESTS A SPECIAL EXCEPTION FOR THE USE SPECIFIED BELOW. SHOULD THIS APPLICATION BE APPROVED, IT IS UNDERSTOOD THAT IT SHALL ONLY AUTHORIZE THAT PARTICULAR USE DESCRIBED IN THIS APPLICATION AND ANY CONDITIONS OR SAFEGUARDS REQUIRED BY THE VILLAGE OF TEQUESTA. NAME OF APPLICANT: Alan M. Strassler DATE: 11-9-87 MAILING ADDRESS: 8895 N. .Military Tr. , Suite 201D, Palm Beach Gardens, FL 33410 PHONE NUMBER: ( HOME) ( BUSINESS) (305) 627-0336 LOT/PARCEL ADDRESS: See Attached Legal Description LOT: BLOCK: SUBDIVISION: PROPERTY CONTROL NUMBER: See Attached EXISTING USE: Vacant Land DESCRIPTION OF SPECIAL EXCEPTION: New Shopping Center consisting of 194, 686 sq. ft. The major tenants are a department store of 92, 599 sq. ft. , a supermarket of 35, 922 sq. ft. and a drugstore of 7, 975 sq.ft. 17, 340 sq. ft. is devoted to four "landlease" buildings and the remainder square feet is local retail space. 1675 Palm Beach Lakes Blvd. , #1010 Forum III, Tower B PROPERTY OWNER: Pantlin Associates West Palm Beach, FL 33401 NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION: 1. CURRENT SURVEY OR SITE PLAN OF PROPERTY SHOWING STRUCTURES AND SETBACKS. 2. DRAWINGS TO . SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL EXCEPTION USE. 3. WRITTEN APPROVAL FROM PROPERTY OWNER. 4. ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION. 5. APPLICATION FEE . OF TWO HUNDRED FIFTY ( $250. 00) DOLLARS. ( ALSO APPROPRIATE SITE PLAN REVIEW FEE. ) APPLICANT' S SIGNATURE: i'� / . //./41 - c17 DATE • (5) All landscaped areas and plantings shall be provided with automatic irrigation facilities. (6) In cases where hedges or continuous screening or a structure already exists on the front property line to a height of at least four (4) feet no planting strip nor trees shall be required. (7) In all commercial parking areas there shall be one (1) tree planting area, of not less than one-hundred (100) square feet, protected by a raised curb, for each twenty (20) parking spaces. Such planting area shall be located within the parking area in a manner acceptable to the Village. Trees of the species designated by the building official shall be planted in each planting area and shall meet the landscaping requirements of the Village. (8) In commercial parking areas where one (1) off-street parking area adjoins or abuts another such parking area under different ownership or use, a landscaped planting strip not less than five (5) feet wide main- tained in good condition shall be required. (9) The village shall require the use of native vegetation, wherever possible, in landscaped areas. ( 10) Whenever appropriate, existing trees shall be conserved and integrated into the landscaping design plan. (I) Establishments Selling Intoxicating Beverages (1) All places of business selling intoxicating liquors, wines and bevera- ges for consumption on the premises shall not be located within a one- thousand-foot (1 ,000) radius of any church, school or youth center. The one thousand (1 ,000) feet shall be measured in a straight line from main entrance door to main entrance door. :(J) Special Exception Uses' (1) Statement of Purpose The development and execution of a zoning ordinance is based upon the division of the village into districts, within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses and features which because of their unique characteristics, cannot be distinctly classified or regulated in a par- ticular district or districts, without consideration in each case, of the impact of such uses and features upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are therefore treated as special exceptions. A special exception is not the automatic right of any applicant. (2) Criteria Special exception uses and their related accessory uses or any expan- - 86 - sion, enlargement, or modification of an existing special exception use shall be permitted only upon authorization of the village council pro- vided that such uses shall be found by the village council to comply with the following requirements and other applicable requirements as set forth in this ordinance: (a) That the proposed use is a permitted special exception use. (b) That the use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. (c) That the use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. (d) That the use will be compatible with adjoining development and the proposed character of the district where it is to be located. (e) That adequate landscaping and screening is provided as required herein. (f) That adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. (g) That the use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned developments. (3) Findings Before any special exception is granted, village council shall apply the standards set forth herein and shall determine that satisfactory provision and arrangement of the following factors have been met by the petitioner, where applicable: (a) Compliance with all elements of the Village of Tequesta Comprehensive Plan; (b) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (c) Offstreet parking and loading area where required with particular attention to the items in (b) above; (d) Refuse and service areas with particular reference to items (b) and (c) above; (e) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations; - 87 - (f) Utilities, with reference to location, availability and compatibility; (g) Screening and buffering with reference to type, dimensions and. character; (h) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district; (i) Required yards and other open space; (j) General compatibility with adjacent properties and other property in the district; (k) Whether the change suggested is out of scale with the needs of the neighborhood or the village; (1) Any special requirements set out in the Schedule of Site Regulations for the particular use involved. (4) Conditions and Safeguards In addition to the standards listed above and specific conditions listed for each particular special exception listed within any par- ticular zoning district, the village council may impose other such con- ditions and safeguards as it deems appropriate in conformity with these zoning regulations for the protection of the surrounding properties and the neighborhood or general welfare of the public.. (5) Denial Should the village council deny a special exception, it shall state fully for the record the reasons for doing so. Such reasons shall take into account the factors under subsection (3) above and all other con- ditions and particular regulation relating to the specific special exception requested. • (6) Limitations on the Filing of a Special Exception (a) Whenever village council has denied an application for a special exception, the village shall not thereafter consider any further application for special exception on any part of all or the same • property for a period of twelve (12) months from the date of such action. (b) The time limits of subsection (a) above may be waived by three (3) affirmative votes of village council when such action is deemed necessary to prevent injustice or to facilitate the proper deve- lopment of the village. (7) Time Limits for Special Exceptions A special exception shall commence within twelve (12) months from the date of grant of the special exception unless extended by action of village council. - 88 - • (a) Commencement of a special exception occurs upon the filing of an application for a building permit, preliminary plat or site plan, or upon the initiation of significant action to satisfy require- ments for improvements contained in a development order or other regulatory documents relating to said special exception. (b) Only one extension shall be permitted and shall not exceed six (6) months. (c) Special exceptions granted to any governmental unit shall be exempt from the provisions of this subsection (7), unless a time limitation is made a specific condition of the special exception. (8) Special Exception Application Process (a) A written petition for special exception shall be submitted by noon on the 15th of the month or previous regular business day indicating the section of these zoning regulations under which the special exception is sought and stating the grounds on which it is requested, with particular reference to the written findings in subsection (3) above and other specific condition(s) if applicable which village council shall address. The petition shall include all material necessary to meet the requirements of the development concept plan listed below and any additional information that will demonstrate that the grant of special exception will be in harmony with general intent and purpose of these zoning regulations. (b) A petitioner seeking special exception approval shall submit a development concept plan on one or more sheets of paper measuring not more than 24" x 36" and drawn to a scale not smaller than 100 feet to the inch. The following shall be provided on the Development Concept Plan: 1 . Scale, date, north arrow, vicinity sketch, title of the pro- ject and total gross acreage. 2. The boundaries and dimensions of the property and its rela- tionship to the surrounding road system including the width of the existing travelway (pavement). 3. The location and dimension of existing man-made features such as existing roads and structures with indication as to which are to be removed, renovated or altered. . 4. The location of existing easements, water courses, section lines, water and sewer lines, well and septic tank location, and other existing important physical features in and adjoining the project. 5. The location and delineation of existing trees and infor- mation as to which trees will be removed. 6. Identification of surrounding land use, zoning and existing buildings within 100 feet of the petitioned site, as well as the zoning of the petitioned site. - 89 - s ' • 7. A layout of the proposed lots and/or building sites including the following site data: a. Finished floor elevation b. Common open areas c. Generalized landscaping and buffer areas d. Internal circulation patterns including offstreet parking and loading facilities e. Total project density f. Percentage of building coverage g. Percentage of impervious surface coverage h. Percentage of open space areas i. The shape, size, location and height of all structures 8. A traffic impact analysis as may be required by the village or its designated engineer including 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 f. Additional roadway needs 9. The proposed phasing of construction for the project if applicable. 10. Commercial, office and uses_ other than residential shall pro- vide the estimated square footage of the structure(s), the number of employees, estimated seating, and the estimated number of users of the facility, such as members, students and patients. 11. Proposed hours of operation for commercial uses. 12. A drainage statement or drainage plan as may be required by the village or its designated engineer. 13. Size, location and orientation of signs. 14. Proposed lighting of the premises. 15. Ten (10) aerial maps at a minimum scale of 1" = 300' , showing the site in question with paved boundaries superimposed. 16. A legal description of the land proposed for development. (c) The application shall be reviewed by the Land Development staff within 30 days of the submission deadline. Upon Land Development staff review and analysis of all submitted materials, the building official shall forward a recommendation to the village council. (d) A public hearing shall be held by the village council. The pro- perty owner may appear personally or by agent or attorney. - 90 - • (e) Notice of public hearing shall be advertised fifteen (15) and five (5) days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which special exception is sought or his agent or attorney designated by him on the submitted petition shall be notified by mail. Notice shall be given by mail to all owners of property within a 300 foot radius of the boundary lines of the property for which a special exception is requested. The list of property owners within the stated radius shall be provided by the applicant from the most recent tax roll information as provided by the Palm Beach County Appraiser's Office. The applicant must furnish an affidavit signed by the person responsible for providing the aforementioned list. Notice of the public hearing shall be promi- nently posted on the property by the applicant for which a special exception is sought. Notwithstanding any other provision herein contained, failure to provide written notice to any adjacent pro- perty owners shall not constitute a jurisdictional defect provided that proper legal notice has been published. (9) Filing Fee Upon filing an application for special exception, the applicant shall pay a fee to the village at the time of filing of such application. Said fee shall be in an amount as established in Chapter 16 of_ the Village of Tequesta Code of Ordinances, shall not be reimbursable and is intended to defray costs of administering, processing, and reviewing the application. (K) Trailers or Temporary Structures or Vehicles ( 1) On construction sites trailers, or temporary structures, or vehicles used for construction offices on a construction site or in a sub- division shall be permitted during the period of construction only after a building permit for the construction job has been issued; such trailer or trailers, or temporary structures, or vehicles, must be removed from the building site or subdivision within thirty (30) days following the issuance of the final certificate of occupancy. Extension periods of an additional thirty (30) days may be granted by the building official for good cause shown. Such permitted trailers, structures, or vehicles shall be used for sales habitation or promo- tional purposes only upon permission of the village council, and shall be permitted only after receiving a permit from the building official for each such trailer. (2) The intermittent or continual placement or utilization of any trailer, temporary structure, or vehicle for the use, such as but not limited to, storage, shall be prohibited in all zoning districts. (L) Commercial Vehicles and Trucks, Recreational Vehicles on Private Lots (1) No commercial vehicles or trucks over three-quarter ton rated 'capacity, may be parked on any property or right-of-way within a residential area. - 91 -