HomeMy WebLinkAboutDocumentation_Regular_Tab 10_03/14/2019 Village of Tequesta
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Memorandum
To: Mayor Brennan; Vice Mayor Paterno; Council Members Arena, Brandon and
Johnson
Cc: Acting Manager Weinand, Clerk McWilliams
Fr: Community Development Director Zacarias
Date: February 28, 2019
Re: Ord 07-19: Development Application Processing
The following describes in detail the above-referenced agenda item:
The proposed revisions streamline the development application process, as follows:
• Sec. 22-53:
o The Planning and Zoning Board (P&Z) currently has final approval
authority for site plan modifications that do not exceed $10,000 — this
revision increases that amount to $50,000.
o P&Z does not currently have final approval authority for review of
landscape plan modifications — this revision grants P&Z that authority.
• Sec. 78-331:
o Currently, all special exception (SE) applications are required to undergo
full site plan review after Council approval - this revision makes it so only
SE applications that also include exterior modifications are required to
undergo full site plan review.
• Sec. 78-335:
o Creates a new section to establish the reviewing authority for each
development application type.
o Village Code does not currently allow staff to administratively approve any
applications - this revision creates an administrative approval process for
specific applications (wall signs, freestanding signs, minor amendments to
approved site plans and special exceptions).
• Sec. 78-362:
Provides consistency edits based on the above-referenced revisions.
�'ice-�fayor Tom Paterno '�Iapor_�bby Brennan Council�lember Vince_�rena
Council Member Laurie Brandon Council�lember Kristi Johnson
ORDINANCE NO. 07-19
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT
CHAPTER 22. COMMUNITY DEVELOPMENT., ARTICLE II. COMMUNITY
APPEARANCE., DNISION 2. PLANNING AND ZONING BOARD. TO
AMEND SECTION 22-53. POWERS AND DUTIES. TO REVISE THE
APPLICATION TYPES AND MONETARY THRESHOLDS OVER WHICH
THE PLANNING AND ZONING BOARD HAS RECOMMENDATION
AUTHORITY AND FINAL AUTHORITY; AT CHAPTER 78. ZONING.,
ARTICLE IX. SUPPLEMENTAL REGULATIONS., DNISION 2. SITE PLAN
REVIEW. TO AMEND SECTION 78-331. REQUIRED; DEVELOPMENT
STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. TO
ONLY REQUIRE NEW SPECIAL EXCEPTION USES ACCOMPANIED BY
ADDITIONAL EXTERIOR MODIFICATIONS AND EXPANSIONS,
ENLARGEMENTS OR REVISIONS TO THE SITE OF AN EXISTING SMALL
SCALE EXTERIOR OR LARGE SCALE SPECIAL EXCEPTION USE TO
UNDERGO SITE PLAN REVIEW AND TO ADD ENTIRELY NEW SECTION
78-335. REVIEWING AUTHORITY. TO ESTABLISH THE REVIEWING
AUTHORITY FOR VARIOUS DEVELOPMENT APPLICATIONS AND
ALLOW FOR ADMINISTRATIVE APPROVAL OF LIMITED APPLICATION
TYPES; AND AT CHAPTER 78. ZONING., ARTICLE IX. SUPPLEMENTAL
REGULATIONS., DIVISION 3. SPECIAL EXCEPTION USES. TO AMEND
SECTION 78-362.APPLICABILITY.TO ENSURE CONSISTENCY WITH THE
REVISIONS TO SECTIONS 22-53 AND 78-331; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22.
COMMUNITY DEVELOPMENT. AND CHAPTER 78. ZONING. 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.
VVHEREAS, the Village of Tequesta desires to update several of its Code sections
pertaining to development applications and the processing thereof in order to increase efficiency
and streamline the review and approval process; and
WHEREAS, the Village Council believes the code amendments 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, FLORIDA, THAT:
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Section 1: Chapter 22. Community Development. of the Code of Ordinances of the
Village of Tequesta is hereby amended at Article II. Community Appearance., Division 2.
Planning and Zoning Board.,to amend Section 22-53. Powers and duties. to revise the application
types and monetary thresholds over which the Planning and Zoning Board has recommendation
authority and final authority; providing that Section 22-53. Powers and duties. shall hereafter read
as follows:
Sec. 22-53. -Powers and duties.
The planning and zoning board shall have general authority (provided that, in order to provide
for proper budgetary allocations, any request requiring extensive staff or attorney time must first
be approved by the village manager)to:
(a) Review and make recommendations to the village council regarding applications for:
(1) Site plan review or site plan modification including aesthetic review in accordance
with regulations of this article as well as the requirements of article IX, division 2
of the village zoning code, except as provided in section(b) below.
(2) Signage requested in conjunction with site plan review or site plan modification in
accordance with article XI of the village zoning code.
(31 Site nlan modifications affectine items nreviouslv granted variances.
(34� Any other reviews, related to planning,zoning and development specifically
requested of the planning and zoning board by the village council.
(b) Review and make a final determination regarding applications for:
(1) Site plan modifications that do not exceed 50 000.00�&999:�in estimated
cost(labor and materialsl and that do not involve a change to the footprint, lot
coveraee. densi height, number of stories or square footage of any building.
(2) Aesthetic modifications to exterior building color or finish when not accompanied
by any other site plan modification, excent as allowed bv section(bll. above.
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(3) . Revisions to
nreviouslv annroved landscane nlans when not accomDanied bv anv other site
plan modification.
(4) Certain entry features on property located in the R-lA and R-1 zoning districts as
specified at section 78-284.
(c) Pursuant to chapter 78 zoning, article III appeals and variances,hear and decide appeals
where it is alleged there is error in any order, requirement, decision or determination
made by an administrative official in the enforcement of chapter 78,zoning; or of any
ordinance adopted pursuant thereto, related to single-family properties and structures
located within the R-lA and R-1 single-family dwelling districts of the village.
(d) Pursuant to chapter 78 zoning, article III appeals and variances, authorize upon
application in specific cases such variance from the terms of chapter 78, zoning, as will
not be contrary to the public interest, where, owing to special conditions, a literal
enforcement of the provisions of that chapter will result in unnecessary hardship, related
to single-family properties and structures located within the R-lA and R-1 single-family
dwelling districts of the village.
(e) Pursuant to F.S. ch. 163, and chapter 62 of the Village of Tequesta Code of Ordinances,
sit as the village's local planning agency.
(�The planning and zoning board may adopt such rules and procedures as are necessary to
perform its duties.
Section 2: 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
amend Section 78-331. Required; development standards; required facilities and infrastructure. to
only require new special exception uses accompanied by additional exterior modifications and
expansions, enlargements or revisions to the site of an existing small scale exterior or large scale
special exception use to undergo site plan review; providing that Section 78-331. Required;
development standards; required facilities and infrastructure. shall hereafter read as follows:
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Sec. 78-331.-Required; development standards; required facilities and infrastructure.
By the terms of this chapter, all permitted uses in all zoning districts except R-lA and R-1, all
special exception uses as approved by the village council which also include additional exterior
modifications. all reauests to exnand. enlaree or revise the site of an existin�small scale exterior
or laree scale snecial excention use,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)-(r) [Shall remain the same as previously adopted.]
Section 3: 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 add
entirely new Section 78-335. Reviewing Authority.to establish the reviewing authority for various
development applications and allow for administrative approval of limited application types;
providing that Section 78-335. Reviewing authority. shall hereafter read as follows:
Sec. 78-335. -Reviewing authoritv.
Develonment annlications. unless otherwise nrovided bv this chanter. shall be initiallv reviewed
v the Plannine and Zonine Board at a oublic meetine. The Plannine and Zonine Board shall
review and make a final determination on all annlications over which it has final iurisdiction in
accordance with the nrovision of section 22-53. The Planning and Zonin� Board shall make an
advisory recommendation to the Villaee Council on annlications over which the Board does not
have final iurisdiction. The Villaee Council shall review all anDlications over which it has final
'urisdiction and decision-makine authoritv in accordance with nrovisions of section 22-53.
�11 Annlications reauirine review at a nublic hearine before the Plannin�and Zonine Board.
Local Planning Aeencv. Board of Adiustment and/or the Villaee Council include:
(al Text amendments to land develonment reeulations:
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(bl Zonines or rezonines:
(cl Snecial excention uses;
(dl Variances relating to sinele-familv nronerties and structures located within the R-lA
and R-1 sinele-familv dwelline districts of the village:
(el Site nlan reviews. site �lan modifications, and extensions thereof;
(fl Amendments to the comnrehensive nlan. an element or a nortion thereof. includine
land use mans;
el Abandonments of nublic nronertv. includine Villaee-owned roadways and ri�hts-of-
wav: and
hl Modifications to anv annroved develonment order.
(21 AnDlications for variances. excent those within the iurisdiction of the nlannine and zonin�
board nursuant to subnart(11(dl above. shall be reviewed and final action taken thereon
bv the Village Council at a nublic hearin�.
31 Annlications reauirine administrative review bv the communitv develonment director
onlv include:
(al All wall signs.
bl Pronosed new free standin� siEns not nart of a site nlan review annlication.
cl Minor amendments to annroved site nlans and snecial excentions. Minor amendments
to a site nlan or snecial excention that was nreviouslv annroved bv the Villaee
Council mav be annroved bv the Director of the Communitv Develonment
Denartment in consultation with other Villaee staff, as annronriate. The followine
nes of amendments are not considered to be minor. and therefore are subiect to
review bv the Villaee's Plannine and Zonine Board and/or the Villa�e Council
pursuant to section 22-53:
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1. Anv nronosed increase or reduction in:
a. The sauare foota�e to anv buildine;
b. Densitv:
c. The number of structures•
d. The number of residential dwelline units in a residential or mixed use zonin�
district:
e. The buildins hei¢ht of anv buildin�as snecified bv the adonted site nlan that
r sults in increasin�the number of stories:
f. An existine buildin� or buildings nronosed to be removed and renlaced with a
new building or buildines; or
�. New businesses reauestine annroval for outdoor seatine.
2. Sienificant changes to the annroved site nlan and/or snecial excention that create
cumulative imnacts, includine but not limited to increases in traffic, narkin�.
additions of sauare footaEe, changes in uses, recreation facilities and amenities.
�er �nsnace, and/or other similar modifications which have the notential for a
n ive, adverse. or undesirable imnact as determined bv Villaee staff.
3. Anv increase in the nroiect's traffic.
4. Anv amendments. which would sienificantiv alter the character, and/or the
a nearance of the develonment, or result in a decrease in the amount or aualitv of
the a�nroved amenities. Such amenities shall include. but not be limited to. nools.
clubhouses, common narking areas for larEe vehicles and boats, exercise trails,
public access to waters or beaches, marinas, boat docks, tennis courts and
racauetball courts.
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5. Sienificant changes in architectural stvles, colors or building materials that are
inconsistent with the annroved site nlans.
6. Chanees to such items as a ohasin�nlan or develoner control,that substantiallv
imnact the develonment.
Section 4: 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.
to amend Section 78-362. Applicability. to ensure consistency with the revisions to Sections 22-
53 and 78-331; providing that Section 78-362. Applicability. shall hereafter read as follows:
Sec. 78-362. -Applicability.
All initial requests for special exception uses as listed in this chapter, along with their related
accessory uses shall be subject to the requirements of this division. In addition, any modification
to the use of a previously granted special exception, except for a modification that changes said
use to a permitted use as listed in this chapter, shall be subject to the requirements of this
division. Requests to expand, enlarge or revise the site of an existing special exception use shall
be classified and processed pursuant to the following three categories;
(1) Small scale, interior- interior expansion, enlargement or revision of less than ten percent
1( 0%1 of the originally approved special exception site square footage and having
construction costs of less than 50 000.00�&AA�AB, once within any eighteen month
period(this category contemplates uses located in existing shopping centers or similar
structures,where no change to the overall building footprint is required).
a. Applicant shall submit the processing fee in an amount established by resolution
of the village council and on file in the village clerk's office.
b. Review and approval is provided by the community development director,
following which, the applicant may apply for building permits.
(2) Small scale, exterior-exterior expansion, enlargement or revision of less than ten percent
1( 0%1 of the originally approved special exception site square footage and having
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construction costs of less than 50 000.00�&AA�A9 once within any eighteen month
period(this category contemplates a change to the existing structure's footprint, and other
site related revisions that flow therefrom).
a. Applicant shall submit the processing fee in an amount established by resolution
of the village council and on file in the village clerk's office.
b. Review and approval regarding the continuing special exception use is provided
by the community development director, following which,the applicant shall
submit an application for site plan modification.
When reviewing small scale expansion, enlargement or revision, the community development
director shall make a determination that such expansion, enlargement or revision does not result
in a violation of the requirements of sections 78-363 or 78-364, or a violation of any previously
imposed condition of approval.
(3) Large scale -any expansion, enlargement or revision to the site of an existing special
exception use that does not qualify as either small scale interior or small scale exterior.
Such expansion, enlargement or revision is subject to the requirements of this division.
Section 5: Each and every other Section and Subsection of Chapter 22. Community
Development.and Chapter 78. Zoning. shall remain in full force and effect as previously adopted.
Section 6: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 7: Should any section or provision of this Ordinance or any poRion 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 8: Specific authority is hereby granted to codify this Ordinance.
Section 9: This Ordinance shall take effect immediately upon passage.
FIRST READING this day of March, 2019.
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SECOND AND FINAL READING this_day of April, 2019.
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