The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 08_3/10/2022Agenda Item #8. Regular Council STAFF MEMO Meeting: Regular Council - Mar 10 2022 Staff Contact: Nilsa Zacarias, Director of Community Development Department: Community Development ORDINANCE NO. 02-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. AND AT CHAPTER 78. ARTICLE X. OFF-STREET AND ON -STREET PARKING AND LOADING REGULATIONS. SECTION 78-691. MINIMUM STANDARDS. TO CLARIFY PARKING AND SIDEWALK REQUIREMENTS GENERALLY AND FOR CERTAIN OVERHANG AREAS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF 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. .- ORDINANCE NO. 02-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. AND AT CHAPTER 78. ARTICLE X. OFF-STREET AND ON -STREET PARKING AND LOADING REGULATIONS. SECTION 78-691. MINIMUM STANDARDS. TO CLARIFY PARKING AND SIDEWALK REQUIREMENTS GENERALLY AND FOR CERTAIN OVERHANG AREAS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF 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. 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. BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A Additional Budgetary Information: Funding Source(s): N/A N/A Ord. No 02-22 - Vehicle Overhang Parking Areas SECOND READING 03-10-22 Page 161 of 290 Agenda Item #8. ORDINANCE NO. 02-22 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE IX. SUPPLEMENTAL REGULATIONS. DIVISION 2. SITE PLAN REVIEW. SECTION 78-331. REQUIRED; DEVELOPMENT STANDARDS; REQUIRED FACILITIES AND INFRASTRUCTURE. AND AT CHAPTER 78. ARTICLE X. OFF-STREET AND ON -STREET PARKING AND LOADING REGULATIONS. SECTION 78-691. MINIMUM STANDARDS. TO CLARIFY PARKING AND SIDEWALK REQUIREMENTS GENERALLY AND FOR CERTAIN OVERHANG AREAS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF 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 does not currently address parking and sidewalk requirements for those certain vehicle parking areas designed to allow vehicles to overhang curbing ("overhang areas"); and WHEREAS, the Village Council of the Village of Tequesta now desires to amend the Village Code to clarify parking and sidewalk requirements generally and for those certain overhang areas; and WHEREAS, the Village of Tequesta has held all required public hearings and provided proper notice of same in order to adopt these revisions to its zoning code; and WHEREAS, the Village Council believes these code revisions will be in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: 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 clarify parking and sidewalk requirements generally and for certain overhang areas; providing that 1 Page 162 of 290 Agenda Item #8. 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-lA 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 deve'^pm—e-�* -A H dI^" majoF Fede elopm� pavement. All sidev�,alk impr-evements shall be iiistalled and fnaiR4aifted by the village. a. Sidewalks. All development and/or major redevelopment shall provide a minimum five -foot -wide continuous sidewalk for pedestrian travel except as otherwise provided by Village Code Chapter 66, Article VI. Sec. 66- 336. 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 2 Page 163 of 290 Agenda Item #8. owner. For the purposes of this subparagraph, the terms sidewalk improvements and maintained shall only apply to those sidewalk pressure washing or cleaning activities that are initiated are initiated by the property owner on a nonrecurring or recurring basis, and shall not apply to any activities initiated by the Village as a project for public improvements. as defined in Village Code, Sec. 78-4. Sidewalk location, set back. width and material shall be approved by the village. b. Interior Walkways. All development and/or major redevelopment shall provide a minimum five -foot -wide continuous interior walkway for pedestrian circulation within parcel boundaries except as otherwise provided by Village Code Chapter 66, Article VI, Sec. 66-336. All walkway improvements shall be installed and maintained by the property owner. For the purposes of this subparagraph, the terms sidewalk improvements and maintained shall only apply to those sidewalk pressure washing or cleaning activities that are initiated by the property owner on a nonrecurring or recurring basis, and shall not apply to any activities initiated by the Villageprojeci t for public improvements, as defined in Village Code, Sec. 78-4. Interior walkway location, set back, width and material shall be approved y the village. C. Overhang areas. Vehicle parking areas designed to permit vehicles to Page 164 of 290 Agenda Item #8. overhanging curbing may not be counted as part of a sidewalk or interior walkway. Such overhang shall be in addition to the required dimensions of sidewalks and interior walkways. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article X. Off-street and on -street parking and loading regulations. Section 78-691. Minimum standards. to clarify parking and sidewalk requirements generally and for overhang areas; providing that Section 78-691 shall hereafter read as follows: Sec. 78-691. Minimum standards. (a) For the purpose of this chapter, an existing off-street parking space shall consist of a parking space having minimum dimensions of nine feet in width by 18 feet in length for the parking of each motor vehicle, ov,.'„sive, of excluding access drives or aisles thereto, sidewalks, and interior pedestrian walkways. (b) However, for new development occurring after the effective date of the ordinance adopting this code provision, an off-street parking space shall consist of a parking space marked with double striping and having minimum dimensions of nine feet in width when measured from between the interior of the parking space lines and ten feet in width when measured from the center of the double striping area, by 18 feet in length for the parking of each motor vehicle, Poxrolusi e of excluding access drives or aisles thereto, sidewalks. and interior pedestrian walkways. 4 Page 165 of 290 Agenda Item #8. (c) New development, for purposes of this section, shall not include an existing development that re -configures parking spaces due to accessibility requirements, or that performs parking lot maintenance without otherwise re -configuring parking spaces. An existing development that expands and adds additional, new parking spaces shall be required to make the additional, new parking spaces comply with (b); however, existing parking spaces need only comply with (a). Off -Street Parking Schematic 12-A I- 12">I I- (d) Overhang areas. Vehicle parking areas designed to permit vehicles to overhang curbing may not be counted as part of a sidewalk or interior walkway. Such overhang shall be in addition to the required dimensions of sidewalks and interior walkways. Overhang Schematic 5 Page 166 of 290 Agenda Item #8. (4) LeA An on -street parking space shall consist of a curbside parking space having minimum dimensions as shown in the schematic below. On -Street Parking Schematic 22 ft. 20 ft. 8 ft 20 ft. 8 ft. Lt Accessible parking spaces, as required by the American with Disabilities Act (ADA), for passenger cars shall be a minimum of eight feet wide by 18 feet in length and a five -foot - wide access aisle. For van accessible parking spaces, either of the two alternative parking configurations shown in the van accessible parking schematic may be used. Van Accessible Parking Schematic Page 167 of 290 Agenda Item #8. A B 18 ft. 18 ft. Ll lift. �� g ft.y� i Minimum width of an access drive shall be ten feet for R-1 and R-1A districts. For all other districts, the minimum width of each aisle designed and intended for the maneuvering of a motor vehicle into a parking space shall be determined by the angle of parking as shown in the parking lot dimension table of this division. The parking plan shall be so arranged that each motor vehicle may be placed and removed from the parking space assigned thereto and taken to and from the property without necessity of moving any other motor vehicle to complete the maneuver. Each lot, parcel, or property subject to a development or redevelopment proposal shall be allowed to design its off- street parking space areas utilizing a maximum of 25 percent of the minimum required parking spaces to be identified as "compact spaces" with minimum dimensions of eight feet in width by 16 feet in length, subject to the review and approval of the village consulting engineers, the village development review staff and the village council. Section 3: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 4: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall take effect immediately upon passage. 7 Page 168 of 290