HomeMy WebLinkAboutOrdinance_07-19_04/11/2019 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., 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; AT CHAPTER 78. ZONING.,
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 EXCyEPTION 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.
WHEREAS, 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 blan modifications affectin�items nreviouslv �ranted variances.
(�4)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�889:9�in estimated
cost(labor and materialsl and that do not involve a change to the footprint, lot
covera�e. densitv, 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(b11. above.
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�3�,.To.,,�.00 r+,,,,a;r,. � „�r,,,.,- „�., �;,-o ri,,,, ,. ,.�;,.�+;,,,,. Revisions to
reviouslv abnroved landscane nlans when not accomnanied bv anv other site
nlan modification.
(4) Certain entry features on property located in the R-1 A 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. enlar�e or revise the site of an existin� small scale exterior
or lar�e scale snecial excebtion 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 brovided bv this chanter, shall be initiallv reviewed
bv the Plannin�and Zonin� Board at a nublic meetin�. The Plannin�and Zonin� Board shall
review and make a final determination on all abblications over which it has final iurisdiction in
accordance with the nrovision of section 22-53. The Plannin� and Zonin�Board shall make an
advisory recommendation to the Villa�e Council on abblications over which the Board does not
have final iurisdiction. The Villa�e Council shall review all annlications over which it has final
iurisdiction and decision-makin� authoritv in accordance with nrovisions of section 22-53.
�Abblications reauirin�review at a�ublic hearing before the Plannin� and Zonin� Board.
Local Plannin�A�encv, Board of Adiustment and/or the Villa�e Council include:
fal Text amendments to land develonment re�ulations;
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(bl Zonin�s or rezonin�s;
(cl Sbecial excebtion uses;
dl Variances relatin�to sin�le-familv nroberties and structures located within the R-lA
and R-1 sin�le-familv dwellin�districts of the villa�e;
(el Site plan reviews, site plan modifications. and extensions thereof;
(fl Amendments to the comnrehensive plan. an element or a bortion thereof, includin�
land use mans;
�l Abandonments of nublic nronertv, includin�Villa�e-owned roadways and rishts-of-
wav; and
hl Modifications to anv at�nroved develonment order.
(21 At�t�lications for variances. except those within the iurisdiction of the nlannin� and zonin�
board nursuant to subbart (11(dl above, shall be reviewed and final action taken thereon
bv the Villa�e Council at a tiublic hearin�. �
31 Annlications reauirin�administrative review bv the communitv develobment director
onlv include:
al All wall si�ns.
bl Pronosed new free standin� si�ns not part of a site�lan review apt�lication.
cl Minor amendments to anbroved site blans and sbecial excentions. Minor amendments
to a site blan or snecial excebtion that was breviouslv apnroved bv the Villa�e
Council mav be at�proved bv the Director of the Communitv Develonment
Denartment in consultation with other Villa�e staff, as annrot�riate. The followin�
t bes of amendments are not considered to be minor. and therefore are subiect to
review bv the Villa�e's Plannin�and Zonin�Board and/or the Villa�e Council
nursuant to section 22-53:
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1. Anv nrot�osed increase or reduction in:
a. The sauare foota�e to anv buildin�;
b. Densitv;
c. The number of structures;
d. The number of residential dwellin�units in a residential or mixed use zonin�
district;
e. The buildin�hei�ht of anv buildin�as snecified bv the adobted site nlan that
results in increasin�the number of stories;
f. An existin�buildin�or buildin�s nronosed to be removed and renlaced with a
new buildin� or buildin�s; or
�.New businesses reauestin�annroval for outdoor seatin�.
2. Si nificant chan�es to the ant�roved site nlan and/or snecial exception that create
cumulative impacts, includin�but not limited to increases in traffic, parkin�,
additions of sauare foota�e, chan�es in uses. recreation facilities and amenities.
�reenst�ace. and/or other similar modifications which have the botential for a
ne�ative, adverse, or undesirable imnact as determined bv Villa�e staff.
3. Anv increase in the broiect's traffic.
4. Anv amendments, which would si�nificantiv 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 aarkin�areas for lar�e vehicles and boats, exercise trails.
public access to waters or beaches. marinas, boat docks,tennis courts and
racquetball courts.
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5. Si�nificant chan�es in architectural stvles, colors or buildin�materials that are
inconsistent with the apnroved site t�lans.
6. Chan�es to such items as a bhasin�blan or develoner control,that substantiallv
imbact the development.
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�8;898:89, 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
10% of the originally approved special exception site square footage and having
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construction costs of less than 50 000.00�-�98�A8 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 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 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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ORDINANCE = Date
07-19 04/11/2019
Upon Second Reading
Motion Council Member Vince Arena Second Vice-Mayor Kristi Johnson
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan � � �
Vice-Mayor Kristi Johnson � � �
Council Member Vince Arena ❑✓ ❑ ❑
Council Member Laurie Brandon � � �
Council Member Kyle Stone � ❑ �
The Mayor thereupon declared the Ordinance duly passed and adopted.
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MAYOR OF TEQUESTA ATTEST: �• ��=
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A gai Brenna Lori McWilliams, MMC
Village Clerk