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HomeMy WebLinkAboutOrdinance_15-21_10/14/2021ORDINANCE 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. 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 long-term 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 (Z 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 (4) foot wide sidewalk is conditioned on the following requirements: Oa 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 VA1J 4111 physical or geometric conditions: and bW The Village Manager shall approve in writing the recommendation and Uc 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 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 Chanter 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. MP. ORDINANCE Date 15-21 10/14/2021 Upon Second Reading Motion Vice -Mayor Kyle Stone Second Council Member Molly Young FOR AGAINST ABSENT CONFLICT Mayor Frank D'Ambra,lll 1 Vice -Mayor Kyle Stone x® r ® 17 Council Member Laurie Brandon ®x11 Council Member Molly Young ®x Council Member Bruce Prince ®xEl 1:1 The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: ATTEST: AL L1 fiY�- _.�Nco RF RA7 Lori McWilliams, MMC Village Clerk