HomeMy WebLinkAboutDocumentation_Regular_Tab 13_9/9/2021Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 09 2021
Staff Contact: Jeremy Allen, Village Manager Department: Public Works
ORDINANCE NO. 15-21, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 66. SUBDIVISIONS. ARTICLE VI. IMPROVEMENTS. SECTION 66-366. SIDEWALKS
AND CROSSWALKS. AND AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL
REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT
STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. TO PROVIDE FOR REDUCTIONS
TO MINIMUM SIDEWALK WIDTH IN CERTAIN CIRCUMSTANCES, WHILE MAINTAINING
CONFORMANCE WITH APPLICABLE ACCESSIBILITY CODE REQUIREMENTS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 66. SUBDIVISIONS. 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.
LUMUM
The proposed ordinance writes in some flexibility to the Village's code regarding sidewalk construction
to provide for compliance with the Village's long range sidewalk plan and allow flexibility in sidewalk
width where physical conditions prevent a full 5 foot wide sidewalk.
This document and any attachments may be reproduced upon request in an alternative format by completing
our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443.
Approve on First Reading.
Sidewalk Ordinance 2021 FINAL First Reading
Page 122 of 250
Agenda Item #13.
First Reading September 9, 2021
ORDINANCE NO. 15-21
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 66. SUBDIVISIONS. ARTICLE VI.
IMPROVEMENTS. SECTION 66-366. SIDEWALKS AND
CROSSWALKS. AND AT CHAPTER 78. ZONING. ARTICLE IX.
SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW.
SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS;
REQUIRED FACILITIES AND INFRASTRUCTURE. TO PROVIDE FOR
REDUCTIONS TO MINIMUM SIDEWALK WIDTH IN CERTAIN
CIRCUMSTANCES, WHILE MAINTAINING CONFORMANCE WITH
APPLICABLE ACCESSIBILITY CODE REQUIREMENTS; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF
CHAPTER 66. SUBDIVISIONS. 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, Florida (the "Village") is a duly constituted
municipality having zoning and land use regulatory authority as conferred upon it by the Florida
Constitution and Chapters 163 and 166, Florida Statutes; and
WHEREAS, the Village Code of Ordinances currently requires all sidewalks and
pathways in the Village to have a minimum width of five (5) feet; and
WHEREAS, while undergoing sidewalk repairs and upgrades, the Village has
encountered physical and geometric constraints at certain sites which make it impossible to meet
minimum width requirements at such sites; and
WHEREAS, in order to install code compliant sidewalks at such sites, the Village
desires to amend its code to allow installation and/or replacement with four (4) foot wide
sidewalks so long as certain conditions are met; and
WHEREAS, a four (4) foot wide sidewalk complies with applicable state and federal
sidewalk standards, including those established by the Americans with Disabilities Act; and
WHEREAS, the Village of Tequesta has held all required public hearings and has
provided public notice in accordance with applicable State statutes and Village ordinances; and
WHEREAS, the Village Council of the Village of Tequesta has determined that the
proposed revisions to the Village Code of Ordinances are in the best interests of the citizens of
the Village of Tequesta.
Page 123 of 250
Agenda Item #13.
First Reading September 9, 2021
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: The foregoing facts and recitations contained in the preamble to this
Ordinance are hereby adopted and incorporated by reference as if fully set forth herein.
Section 2: Chapter 66. Subdivisions. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article VI. Improvements. Section 66-336. Sidewalks and
crosswalks. to allow four (4) foot wide sidewalks under specified circumstances; providing that
Section 66-336 shall hereafter read as follows:
Sec. 66-336. Sidewalks and crosswalks.
Sidewalks/pathways and crosswalks shall be required to comply with the Village's -tom
sidewalk approved plan or conform with existing sidewalks or sidewalks in adjacent areas of the
Village in all residential, multiple -family and commercial areas and along all arterial highways.
Sidewalks/pathways shall be five 51 feet in width or greater unless physical or geometric
constraints mitigate in favor of a four (4) foot wide sidewalk. The use of a four 41 foot wide
sidewalk is conditioned on the followingrequirements:
La) The Village's Public Works Director shall recommend to the Village Manager that a
four (4) foot wide sidewalk be utilized in the area in question, based on specified existing
physical or geometric conditions: and
kW The Village Manager shall approve, in writing, the recommendation: and
Lc) The sidewalk section that is four feet wide is designed and constructed with passing
areas which are five -by -five feet square at intervals of no less than 200 linear feet in
accordance with Americans with Disabilities Act (ADA) guidelines.
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. Section 78-
331. Required; development standards; required facilities and infrastructure. to reduce the minimum
width required for Village sidewalks while maintaining conformance with applicable state and
federal law; providing that Section 78-331 shall hereafter read as follows:
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-IA and R-1, all
special exception uses as approved by the village council which also include additional exterior
modifications, all requests to expand, enlarge or revise the site of an existing small scale exterior
Page 124 of 250
Agenda Item #13.
First Reading September 9, 2021
or large scale special exception 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:
[Subsections (a) — (g) left in full force and effect as previously adopted.]
(h) All new development and/or redevelopment must provide the necessary infrastructure
to meet the following level of service standards. Each application 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:
[Paragraphs (1) — (6) left in full force and effect as previously adopted.]
(7) Pedestrian walkways. All development and/or major redevelopment must provide
a minimum five foot wide continuous path of travel for pedestrians (sidewalks)
except as otherwise provided by Village Coder Chapter 66, Article VI. 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
maintained by the adjacent property owner. Location, set back, width and material
shall be approved by the village.
[Subsections (i) — (r) left in full force and effect as previously adopted.]
Section 4: Each and every other section and subsection of Chapter 66. Subdivisions.
and Chapter 78. Zoning. shall remain in full force and effect as previously enacted.
Section 5: All Ordinances or parts of Ordinances in conflict be and the same are
hereby repealed.
Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon passage.
Page 125 of 250