HomeMy WebLinkAboutOrdinance_401_05/24/1990~~RDIraANC'E N-_ , ~~~ I
APd ORDINAPJCE OF THE ''IT_,LAGE COUNCIL OF THE VILLAGE OF
TEOs~ESTA, PALP•9 BEACH ~"OUNTY, FLORIDA. AMENDING ZONING
ORDINAAICE Pd O. 355. AS AMENDEL's. BY AMENDING SECTION
IV, DEFINITIONS; BY AMENDING SEGTION V, ESTABLISHMENT
OF DISTRIC T~~ AND OFFICIAL ZONING MAP; BY AMENDING
SECTION I'III, OFF-STREET PARKING AND LOADING
REC~ULATIC?PJS; BY AMENDING SECTION IX, PLANNED
RESIDENTIAL DEVELOPMENTS; BY AMENDING SECTION IX-A,
PLANNED C':~MMERCIAL DEVELOPMENTS; BY AMENDING SEGTION
<~:, SUF'F'LEMENTAL REGULATIONS, SUBSECTIONS C F) , t H) AND
t r9> ; LY P.MENDIPJG :SECTION XV, FLOOD HAZARD AREAS.
SC?BSE~:~TIOPJS < E? AND !: J? ; PROVIDING FOR SEVERABILITY;
PROVIF~IPJs Ft?R GODIFGATION: PE't:?VIDING AN EFFE~-TINE
?~~ATE .
BE IT ORDAIPJED B`i THE VILLAGE COUNCIL OF THE VILLAGE OF
TEGUESTA, PALM REACH COUNTS.', FLORIDA, AS FOLLOWS:
Sect ion I, Sect ion IV, Subsect ivn ! B' , Definitions. of
the official Coning Crdinance of trie Viilacre of Tequesta.
Ordinance N{~. 355, as amended, is hereby amended blr adding new
. de~initions as fo'_lows:
t 9O? Derv Care Fa~1il itv._ Facilities f~~r up to five ! 5?
persons and located within sin~ale family residential
districts as required by State Statute,
E 13~a? F{?ster ~are_ Fa.cil_ity. A 1 icensed; i. e. , by the
Fl~_rida Department of Health ~ Rehabilita±ive
Services, residential unit, otherwise meetinct tree
rerttairements of Ordinance No. 355, as amended, where
a famil~~ li=rincr environment is ~~rovided for.
individuals ~anrelated by blood err legally to tree
houseri~_lder. The total number of residents within
the facil itu, includin~~ permanent occupants and
foster care occ~_apants, sriall nat exceed 1.01 persons
~~er room, excludinct bathrooms, kitcheris and ut it ity
roams.
1155` Group Hermes. A dwelling unit licensed by the Florida
L.~epartmen± of Health €Y Rehabil itative Ser~rices or hicri
provides a livinc environment for six (~? err fewer
• residents, which may be unrelated, who function as a.
famil?; living unit, incl1adiziQ such supervision and
care with stapportive staff necessary to meet
physical, emotional and social needs of th~~--
residents.
C i~?~' H~_~using Conditi~ns._ Include c~-~nditions as fall~aws:
a. Standard__ Condit iun._ A residential structure
meetinQ~ all minimum standards far basic equipment
and facilities as set forth in the Standard
Hulas inq Code, latest adapted edit ion,
b. Substandard Condit ion. A resident iai structure
which does "not" meet a;.l minimum standards for
basic equipment :and facilities as set fortr~ in
the S±andard Ho~asinq Code, latest adopted
edition, and where the costs of rehabiiitatian.
renovation err Cade comgliance are valued at less
than fifty gercen±, c SO~S>, of tree .assessed value
of the structure.
r
C~
c. Ir, Need of _Replacement. A residential structure
which des "no±"-~~meet all minimtam standards for
ba=.ZC equipment and facilities as set forth in
the Standard Housing Cade, latest adopted
edition, and where the costs of rehabilitation,
renovation ar cede comr~liance are valued at
greater than f ifttT ~=ercent, { 5C~°a}, of the
assessed value of the structure.
{ 163} Housing _ Official. See definition number t49},
Suildin~a Official.
C 264} Redevel~a~ment, __Manor_. tilteratian, extension, en-
largement or renovation of fifty percent { 50~} or
more of an existing development or project.
<265} Redevela~ment, Minor. Alteration, extension, en-
largement or renovat i~~n of less than fifty percent
{ 5O@s} of an existing development {+r project.
erect ian 2. Sec± ion V, Establ ishmer~± of Districts and
Official Zoning Map +?f the official Zoning Ordinance of the
Village of Tequesta, Ordinance .da. 355, as amended, is Hereby
amended by adding new Subsect i{~n ~ F} , as fol lows:
{ F> It is tree intent of the Village of Tequesta to
require c:.~nsistency between the official Zoning Map
and the existing and f;?tore Iand use maps of trio
j~illage of Tequesta.
Section 3. Section VIII. Off-Street Farking and Loading
Regulations_ of the official Zoning Ordinance of the Village of
Tequesta, Ordinance No. :~55, as amended, is hereby amended by
amending Subsect ian ~ B~ r 1> ; by amending Subsect ion { D} by
adding a. new Paragrapr, < 3 } ; by amending Subsec*_ i~7n ~ E> { 1} : b=.-
adding new Subsections 4F} and {,,}, crianging existing
Subsection ~ F? to { H`, ynd ame~:dinq Subsertic~n (H} tc+ include
new parking space requirement number {12}, Hotel, and by
renumbering all subsequent parkirsq space requirement
definitions as folk=ws:
{ E~> Screeninc
{1} All =off-street parking areas shall be screened in
accardance with Section X <H3 Landscaping:
General Requirements.
t Zii Marking and Lighting
1} "PJo Grianges"
{ 2'1 "Na Changes"
{3) Parking facilities shall be provided with
appr+~pr late site 1 i~xht ing.
{E} Parking and Laading Design Standards
t 3} Parkin=~ facilities shall be landscaped in
.accordance with Sect iari ~'? { H) Lands gaping:
General Requirements.
f: F} Parking A~_cess and Driveways.
page• 2
<17 Each parking stall shall have appropriate access
t,, a street or alley grid maneuverinc and access
aisle areas sriall be cuff icier±~ to permit
vehicles to enter ar.d leave the parking area in a
forward mot ion. with the except ion of s incrle
f ami 1 ~T and duplex areas. Ilr iveways sria I 1 be
t~aved and meet the req>>>irements outlined below
unless ver_~ high vnlumes or other special
circ„instances caarrant curia±ion b~; }he Slillaae
c±~n=.ultinq engineer.
Access Dimension r_uidelroes:
Dimension at treet: C ~didth ire feet *?
Minimum ~ one-way> 15
Minim~acn ~ two-ira=:-~~ ~G
Ma,r i mum 35
Kight turn radius fin feet *'~
Minimum 10
Maximum ~0
* Measured along right-of-way line at inner
limit of curbed radius sweep or between radius
. and near edge of curbed island a± least fifty
f50? square feet in area, The minimum width
applies principally to one-cagy driveways.
** On side of driveway exposed to entry or ex, it
by ricl-:t-turning vehicles.
f,;) Access to Rights of Way.
{1? Inter±. It is the intent of this section to
provide control of access tt~ streets in order to
facilitate safe and efficient movements of
traffic wriile affording reasonable ac=_:ess to
abutting properties.
c ~) Access Drivecaai~s. Access driveways sl-iall be
permitted by the ~liilage of Tequesta in
accordance with th.e f~-?llowinq guidelines:
1. Corner Lots.
• a. Alcnq local
corner to±s
thirty-f ive
sect ion of
caa.v 1 roes.
except as pr
streets, access driveways to
shall be located a minimum of
f ~5? feet from ±l'ie inter-
t?'ie projection of rights-of-
to centerline of driveway.
ovided hereinafter. +
b. Along arterial and collector streets.
access driveways to Corner lots shall be
located a minimum of f iffy f 501 feet from
the intersection of the projection of
right-of-way lroes to centerline of drive-
way except as gr_orrided for hereinafter.
~, Inter for Lets.
a. Except in town?`iouse clusters and planned
unit developments, access driveways along
local stree±s at interior locations shall
be permitted not closer than four f4>
feet from a side or rear property line to
edge of driveway. There shall be no more
than two C > driveways per l~_~t.
g~ qe
b. Along arterial and collector streets, the
firs± access driveway for interior lots
shall be l~~cated a minimum of one hundred
• fifty ~: I5O} feet from the intersection of
the project ion of rights-of-cagy lines to
the centerline of driveway. Thereafter,
access drip:°eways shall be spaced a
minimum of one hundred (100} teet apart.
{3} Construction. Access drivewavs which intersect
or abut rights-of-way under the control or
jurisdi~rtion of the Village of Tequesta shall be
constructed in accordance with tl-ie construction
standards and details as available from the
Village ~tf Tequesta Building Department and
Public Works Department.
C H) t.%ff-Street Parking Space Requirements.
< 1> throual-i (iI} "No Changes"
icy.} Hotel: One ~ I} space f~_=r each ro~?m or s1~ite anal
one + 1> space for each employee on shift of
greatest employment. t See ~ 2}, Auditorium, etc.
• for conference facilities, and see X25}.
Restaurants, standard, f~.~?r those accessorv use
parking space requirements.
Cria.n;e existing < lam} to t 13> and renumber subsequent
numbers accordir.ai;r,
Section 4. Sectiors IX, Flannel Liesidential Developments
( PRD> _ of the official Zoning Ordinance of ±1'ie Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended by
addincl new paragraph t:. k> to subsection '. E>i I}, as follows:
ck} Required Public Facilities and Services. A.o
building permits or development orders shall be
issued unless p7ablic facilities and services,
which meet or exceed the adopted Level-of-Service
standards are available concurrent with t.l'ie
development impacts. Compliance with this
requirement may be accomplished through one or
more or a cc~mbinat ion of tree following prrFcesses:
• 1. Install all required public facilities/
infrastructure/services prior to or
concurrent with the development impacts.
~. Phasin~t of all required publ is facil i±ies!
infrastructure/services:
a. By local government tCapital Improvements
Element?
b. plr the devel~~r<er t Development Agreements?
3. Phasing of the development.
Section 5. Section IX-A, Planned Commercial Developments
PCD} of the off icial Loninq Ordinance of the Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended b~7
adding new paragraph f r.) to subsection <.E>C 1), and by amending
subsection ~: Fit 4}, paragraph C b}, as follows:
•
page 4
{ n` Required Pu.bl is Fa•^il i±ies and services. Pdo
building permits or development orders shall be
issued ~~nless publ is facil ities and services,
:which meet or ex~_s•Fd the adopted Level-of-Service
tanda.rds are available ~-oncurrent c-~itY-i the
de~~elopment im~~acts. Compliance with this
requirement ma.1 be a{ccrlmpllsl'ied triro~tgri one or
more or a cc~mr:~inat ic.~n of the fol locairu~ pr~~cesses:
'. lnstall all req~7.ired p~~blic facilities/
lnfraStrt~rt~iret'sF?r~r]CeS prior T~°~ ~,r
cor:c~~rrent with the development impacts.
2. Pha~,ir:q of all required public facilities'
infrastructure!services.
a. By local q~~vernment Capital. Improvements
EI eme•ra )
b, By tree developer (Development Agreements?
3. Phasing ~~f the developmE~nt.
<F?C 4'C ba Delete ex is±ing paragraph t b~ and rewrite as follows:
tb) Enclos.e~d Uses. All commercial uses shall be
~~perated entirely within enclosed buildings
except for tree following uses: sidewalk cafes,
and drive-in, drive-through, or walk-up service
zaindow facilities; i. e. , lal_:ndr_~~, dry cieanin~,
and banking facilities.
Sect ion ~. Sect icon ~?, Supplemental Reavla.t ions ~~f the
official ~onina I?rdinan~.e of the village of Teglaesta, Ordinance
tdo. 35F, as amended, is hereby amended by amending Subsection
`AI, Paragraph { 1)t c7 ~ tee; b;~ amending Subsection <C`.
Paragrapr: t 1? ; by amending Subsection t: P:z , Paragraph < ' ; , and
by amending Subsec.ti~~n { M>, Paragraphs C 1) and <2>, as follows:
(A` C 1) C c> Delete ex ist in~~ paragraph C c! and rewrite as
follows:
<c7 ~vlalls and fences may be erected or maintained
within or adjacent to a property line ±o a rieight
not exceeding six {b1 feet. No wall or fence
' shall be permitted to extend forward of the front
building line on anv lot or parcel. Hocaever, in
the event treat a wall, fence, ~~r hedge is erected
yr located on a c~_~rner lot or a double frontage
lot, a vehicular and pedestrian visibility
triangle of a size and dimension which complies
with the current ±raffic engineering standards of
the American. Association of State Highway and
Transportaticr~. Officials tAASHTO}, and Palm Peach
County shall be provided for in both directions
from tree intersect ion corner point of propert~r
lines. Tree maximum height of any wall, fence, or
hedge witriin said visibilitF' triangle shall be
tw{_, and _.ne-half < 3 1/3} feet.
t A> < 1 t e> Delete existing paragraph t e> and rewrite as
fni 1C,47s:
page J
~; e7 Stands or open counters for the servi~;q of food
or besTerages or ether commercial purposes may be
erected or permi±ted in landscaped public park
areas after approval by the Village Council.
Suc2'i stands or open counters may be used by non-
profit organizations for special events for which
a permit has been issued.
Delete existing paragraph <1> and rewrite as
follows:
All commercial uses shall be operated entirely
czithin encl~~sed buildings except far the
followir.q uses: off street loading, automobile
parking, and the fuel salefi ar.d dispensing
facilities of full service fuel stations or gas
stations, sidewalk cafes, drive-in, drive-
tl-irou~gri, or walk-up service window facilities,
i. e., laundry, dry cleaning, and ba.nkinq
ta{_ i 1 It 2es;
CF?C 1? Delete existing paragraph < 1} and rewrite as
follows:
Cl> No full service fuel s±ation or gas station shall
be erected within ±he trillage of Tegt~esta, unless
the same is located fronting_ along C7. S. Hwy. One
in the C-2 Zoning District or is located within
the C-3 Zoning District.
C M> { l; Delete existing paragraph { 1> and rewrite as
follows:
C 1) Site Flan Review. By the terms of this
Qrdinance, all permi±ted rases, except within R-
lA a.nd R-1 Zoning Districts, and all special
exception uses, including PRD's and PCD's, and
all s~,bdivisions, development, redevelopment and
cons±ruction or uses lying partiall:~ or entireli~
c~zithin special flood 1-iazard and coastal high
hazard areas shall:
C M)C i) amend by adding new paragraphs C f? through C r> as
follows:
' Cf% Required Public Facilities and Services. No
buiidin~t permits or development orders shall be
issued unless public facilities and services,
czriich meet +_~r exceed the adopted Level-of-Service
standards are available concurrent with the
development impacts. Compliance with this
requirement may be acc~~mplished through one or
more or a combination of tree followircw processes:
1. Install all required p~~bl is facil it ies~
infrastrizcturer'services prior to or
concurrent with the development impacts.
2. Priasinq of all required public facilities!
inf rastructure,`services:
a. BST local government rCapital Improvements
Element?
b. Btu the developer c. Development Agreements!
:~. Phasing of trie development.
i
page ~~
tg) Coordinate all proposed development and or
redevelopment witri and/or obtain approvals and/or_
permits from the following agencies:
i. Palm Beach Cc.un±t- Healtri Department
?. Falm Beacri Co~~nty Fire/Rescue t. Fire Marsha.I ~
3. Loxahatcriee Ri ~7er En"ironmenta 1 Control
District cENCON%
~. Dept. of En~~ir_t_nmental Resources Management
< DERM>
5. P+_~~lth Florida Water Management District
C SF'w'MD>
6. Florida Department of Transport atiun CFDGT)
7. West Palm Beacri Urban Area Transportation
Study { WPBUATS)
8. Metropolitan Planning organization of Palm
Beach County t MPt~>
9. Palm Peach County Traffic Engineering
Division
1C~. Mart in County Metrogol itan Planning
Qrczanization
11. Martin County Traffic Engineering Department
1~. Florida Power ~ Light Company
13. Southern Bell Telephone Company
14. Sol id Waste Purveyor
1~. Tequesta. Water Department
1~~. ~~!ther Municipal, County, State and/or Federal
agencies as may be applicable.
Evidence of final acceptance by the above listed
agencies of tree development or redevelopment
project must be submitted to tree Village of
Teguesta prior to the issuance }f Certificates of
Occupancy or cif final acceptance by the `Iil lage.
n
~~
ch) Ail nec-~ development and/or redevelopment must
provide the necessary infrastructure to meet the
following Level-of-Service standards. Each
applzcation submitted pursuant to this subsection
shall be required to provide a certification from
a licensed engineer in the Mate of Florida treat
tree proposed development andlor redevelopment
meets or exceeds ±he Levee-of-SertTice standards
for the listed infrastructure as follows:
1. Traffic:
t LGS> < LOS>
Roadway Type Standard Peak
Collector ~' D
F~rban minor arterials C D
Principal arterials C L.~
u. Sanitary Sewer:
Maximum Monthly Maximum
Cateaorv Daily Flow C MMDF~~ Daily Flow t MDF)
Residential
Non-Residential
73.1 gallons!
capita/da~7
431 gallons!
acre%dav
78. t~ gaI lops/
capitarday
4~~.9 gall{ans~
acreidav
3. Drainage: Public drainage facilities Level of
Service standard of a three <3) year frequency.
twenty-four { L4) hour d~.~rat ion storm event is
hereby adopted, and sriall be used as tree basis of
estimating the availability of capacity and
demand generated b~.T a proposed development
project. As a general drainage requirement, each
proposed projec± andl~~r site must maintain 95~ of
all storm 4rater runoff on site.
pagF 7
~. Potable Water: The follijs~?inq potable water Level
of tiervice standards ar.e hereby adopted and shall
be used a.s the basis for est imat inQ tree
availabili±.y of facility oapacity and demand
generated by .a proposed development project:
Average Da`~ Wa±er Consumption Rate
Residential 23~ i~ailonslcapitar'day
Non-Residential None. EstablishedlLOS Standard
shall be established by 1991.
Maximum Da`r Water ~~or~st.ampt ion
Residential ;~`4 ga.llonsf'capita/da1~
Nan-Residential None. EstablishedlLOS Standard
shal 1 be established b<< 1991.
~. Recreati:~n: Level-of-Sert~ii~e Standards Table
~_ lass if icat ion Area /A~~t ivit~T S±andard C unit /popula.t ions
Neighborhood Parks
Communi±v Parks
Beaches
Golf Courses
Tennis
Basketball
BaseballlSoftball
Football/Soccer
Playground. Areas
Beach Access Easements
2 acres11,000
2 acres11,000
1 mile/3i,Z5r
'? holes/30,000
1 court/x,500
1 court/x.500
1 fieldl7,200
1 f ieldl4, 800
1 acre/3,+i~00
i per 11L mile of
developed or redevedoped
beacri frontage
i' Meet the requirement, of the "`Fear ?r~0C1 cost
Feasible Transportation Pia.n" <WPBC7ATS?.
C j> Provide f~?r the reservation and preservation of
existing and fut~.Rre rii~hts-of-way as may be
determined by the Village of Tequesta and in
conformance with the Palm Beach County and
Village ~?f Tequesta Rii~ht-Of-Way Protection Plan.
<k> Require site plans which incorporate innovative
' urban, architectural, andlor engineering design
of impertJious areas t. e. g. parking Iots? to
maximize the retention of rainfall to these areas
which will increase the recharge of around water
while reducing storm water run-off.
~.1? Require all new developments to limit post-
development surface water rtan-off rates and
vol~imes to pre-development conditions.
im} Ali proposed new development and major
redevelopment within the coastal Building gone of
the Village of Tequesta must provide for the
dedication of public access easements, meeting
the adopted Level-of-Service standards.
f n All proposed nec~~ development and major
redevel+-3pment as part of the site plan review and
submit.=is ion review process shall submit a
drainageienvironmental statement describinir; riow
the pr~aposed development will affect tree
p a ~ e O
est~_iarine water Dual itv of the class III waters
of ±he Village of Tequesta, and also an
environmen±al impact assessment study prepared by
a qualified ecolcoist or other professional
cualified ±o do such an assessment, The study
shall meet the requirements cf ±he~
"En-Tironmental l .r Sens i± eve Lands" Ordinance of
tree trillage.
o) New development and rec'ievelt,,pment shall nLt be
permitted within the Coastal High Hazard Area of
the Village as defined in the Zonin~3 Code at
Sect ion XV { J)( 1), and there shall be no
expenditure of public fronds for infrastructure
andtor facilities within the Coastal High Hazard
Area.
< p) Require not if loot ion ~~f neighbor ing jur isd ict inns
of any external impacts treat a grop~sed project
migrit have within those jurisdictions and assess
and met igate triose impacts.
Cq: Determination cf needed public facility
improvements shall be made during the site plan
and:`cr subdivision review process and prior to
the issuance of a development order and buildincx
• permit.
<r? Storm water management facilities including
curbs, gutters, piping, culverts, ditches, etc.
shall be provided based cn engineering
calculations and design standards tc ensure that
alI drainage impro~Tements are in conformance with
the Village "Storm water Management" Ordinance.
tM?~2) Amend paragraph C2) by adding new sentence to end
cf paragraph as follows:
See subject ion < M) ~ I) , garagrapri (g) preceding
f.cr a list cf possible pre-agplicat ion meeting
attendees. Applicant is responsible for properly
nctifyin~ the various affected agencies in the
list of the time, place and subject of tree pre-
application meeting.
Section 7. Section XV, Flood Hazard Areas of the official
Zoning Ordinance of the .Tillage of Tecuesta, Ordinance Nc. 35~,
' as amended, is hereby amended by amending Subsection ~E)<1?,
Paragragri (h) and Subsect ion < J>C ~) by providing f:,r new
Paragraph <n) and Subsection tJ) by providing new paragraph
t 3>, as follows:
tF?( 1)<h? Delete eY.iSt1RQ Paragraph {r,> and rewrite as
follows:
`h) New and replacement sanitary sewer systems shall
be desioned to minimize or eliminate infiltration
of flood waters into the system. and discharges
from the system into flood waters. Proposed high
intensityr development ,and redevelopment shall be
serviced by a central sanitary sewer system.
~ J)C 2) Add new garagrapri C n? as follows:
<n) wept is tank & drainfield, and privately owned
sanitary sewer systems shall be prohibited within
the coastal high hazard areas of tree Village.
page 9
<~ti Add new par_.grapri € 3) to paragraph € J>, as follo~?s:
€ 3` ThF `lillacae Building
Preparedness ~'~ cord i nat+A~r
impact of nsw Bevel=~7_,rr;ent
the coastal zone and c
aQalrtSt eXistin~~ rt'JLriCan.G
Off icial grid Disaster
shall coordinate the
or redevel~~pment within,
oastal high riazard area
e~,>acuati~an plans.
Sect fort 8. If anti rrovis ion of this Ordinance or the
application ±herecf is held in4,Talid, such invalidity shall not
affect ±he other provisions or applic-atiorts of this Ordinance
arrtiG_h ;r,an be coven effect W1trlQLlt the invalid provisions or
applications, and to this end, the provisions of this OrdinancE~
are hereby declared severable.
Section 9. This Ordinance shall be codified and made a
part of tree official Mode of Ordinances of tree Village of
Teguesta.
Sect ion_lO. this Ordinance sriall take effect immediately
upon its approval and passage as pro~Tided by law.
THE FOREGOIP3G ORDINANCE WAS OFFERED BY
C~~uncilmember Earl L. Collings _ wha moved its
adept i!•n. The Ordinance was seconded brT
Counciimemher Ron T. T-'Iackail and upon bF•ing
put to a vote, tree vote was as follows:
FOR ADOPTION AGAIAIST ADOPTION
Joseph N. Capretta William E. Burckart
Earl L. Collings
Edward C. Howell
Ron T. blackail
The Mayor thereupon declared the Ordinance duly passE:d and
adoc~ted this 24th_____ day of ~~_.~7ay ..__.~._.____~• 19gO.
MAYOfR OF TEnUESTA
l /`~ (~,.
G
`7 ph .~Car~retta
.ATTEST:
i/~~ .
Bill C. Kas avelis
Village Cl rk
page lO