HomeMy WebLinkAboutDocumentation_Regular_Tab 20_5/12/2022C(-)Aj I"OK
Lori McWilliams _
From: Keith Davis <keith@davislawteam.com>
Sent: Wednesday, May 11, 2022 6:51 PM
To: Jeremy Allen; Molly Young
Subject: Moratorium Ordinance First Reading Final revised
Attachments: Moratorium Ordinance First Reading Final revised.docx
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Mayor and Jeremy:
Please see the attached revised ordinance based on our earlier discussion this afternoon. The revisions accomplish 3
things:
1. Remove r-2 from the moratorium completely
2. Add exceptions for storm hardening and life safety improvements
3. Add the ability for the Council to accept conceptual code change proposals by motion and then also allow by
motion the acceptance and processing of applications that include the new conceptual code changes; however,
no final order or permit that includes the proposed new code changes would be effective until formal adoption
of the new proposed code changes by ordinance.
We can substitute this draft for the one originally submitted if you like; the new text is in red font, R-2 is simply
removed.
Keith W. Davis, Esquire
Attorney
ME DAVIS &
NEASSOCIATES, PA.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Tel: (561) 586-7116
Fax: (561) 586-9611
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PRECINE E
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First Reading May 12, 2022
ORDINANCE NO. 11-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, IMPOSING A MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR DEVELOPMENT
ORDERS OR BUILDING PERMITS FOR NEW DEVELOPMENT
AND/OR RE -DEVELOPMENT WHICH INCREASES BUILDING
HEIGHT OR NUMBER OF STORIES, INCREASES LOT
COVERAGE OR CHANGES THE EXISTING BUILDING
FOOTPRINT, WHICH PROPOSES CHANGES TO THE
APPEARANCE OF THE BUILDING EXTERIOR OR TO THE SITE
LANDSCAPING IN THE MU, C-1, C-2, C-3, AND R-3 ZONING
DISTRICTS AS SET FORTH IN CHAPTER 78. ZONING, OF THE
VILLAGE OF TEQUESTA CODE OF ORDINANCES AND
PURSUANT TO THE REQUIREMENTS OF THE VILLAGE OF
TEQUESTA COMPREHENSIVE DEVELOPMENT PLAN;
PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
FOR A PERIOD OF SIX MONTHS; DIRECTING VILLAGE STAFF
TO UNDERTAKE A COMPREHENSIVE REVIEW OF THE
VILLAGE'S EXISTING LAND DEVELOPMENT CODES WITH AN
EMPHASIS ON COORDINATION BETWEEN AESTHETIC AND
LANDSCAPING REGULATIONS AND COASTAL
CONSERVATION; DIRECTING ADDITIONAL COORDINATION
WITH THE TREASURE COAST REGIONAL PLANNING COUNCIL
PURSAUANT TO ITS CURRENT AGREEMENT WITH THE
VILLAGE; PROVIDING FOR CONTINUATION OR TERMINATION
OF SAID MORATORIUM; PROVIDING FOR ACCEPTANCE AND
PROCESSING OF CERTAIN APPLICATIONS UPON
CONCEPTUAL APPROVAL OF NEW CODE PROVISIONS;
PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY
CLAUSE; PROVIDING FOR AN EFECTIVE DATE.
WHEREAS, the Village of Tequesta is beginning to experience increased interest
in the development and re -development of sites for residential, commercial, and mixed
uses in the R-3, C-1, C-2, C-3 and MU Zoning Districts; and
WHEREAS, the Village of Tequesta Comprehensive Development Plan requires
that the Village review its land development regulations periodically with an eye toward
ensuring, among other things, compatibility with the character of the Village and
compatibility with neighboring properties, development and uses; and
WHEREAS, current land development regulations are out of date, vague and do
not provide for adequate architectural and design standards, or appropriate landscaping
First Reading May 12, 2022
requirements; nor do current land development regulations encourage coastal
conservation via dune preservation and restoration as contemplated by the Village's
Comprehensive Development Plan; and
WHEREAS, the Village has engaged the Treasure Coast Regional Planning
Council to solicit public input, conduct a public design charrette, analyze potential
redevelopment strategies, and provide recommendations for maintaining the desired
community scale and character for the Village, with a focus on the commercial C-1, C-2,
and C-3 zoning districts of the Village, but also including the Village's mixed use MU
zoning district, and specifically including the area bounded by the Palm Beach County -
Martin County Line to the north, US-1 to the east, the Village limits to the south, and the
Old Dixie-FEC corridor to the west; and
WHEREAS, The Village has also engaged its own planning consultant to provide
additional consulting services with a focus on the residential R-3 zoning district, including
a review and analysis of design features relative to scaled down height, building mass
and articulations including the skyline, mid -section (balconies, windows, etc.) and ground
floor (arcades, canopies, etc.), and assessment of landscaping regulations regarding the
need for additional buffering, types of plantings, and location on the site for the purpose
of recommending Code revisions; and
WHEREAS, compatibility through development and re -development requires a
declaration of "zoning in progress" and a moratorium on applications for development
orders or building permits for new development and/or re -development which increases
building height or number of stories, increases lot coverage or changes the existing
building footprint, changes to the appearance of the building exterior or changes to
existing landscaping in the MU, C-1, C-2, C-3, and R-3 zoning districts; and
WHEREAS, the Village Council has determined that a six (6) month moratorium
on the acceptance of new applications for development orders or building permits for new
development and/or re -development which increases building height or number of stories,
increases lot coverage or changes the existing building footprint, changes to the
appearance of the building exterior or changes to existing landscaping in the MU, C-1, C-
2, C-3, and R-3 zoning districts is necessary in order to maintain the status quo in the
Village and simultaneously allow Village staff to conduct a comprehensive review of the
First Reading May 12, 2022
Village's existing codes to determine compliance with the Village's Comprehensive
Development Plan and to determine what revisions are required to provide internal
consistency, best protect the residents of the Village as permitted by law, and to ensure
compatibility as required by the Comprehensive Development Plan; and
WHEREAS, the Village Council has determined that the enactment of this
moratorium is in the best interest of the Village and is necessary in order to protect the
public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1: The foregoing recitals are true and correct, are hereby made a
specific part of this Ordinance.
Section 2: There is hereby imposed a moratorium with respect to the
acceptance of new applications for development orders or building permits for new
development and/or re -development which would result in an increase to building height
or number of stories, increases lot coverage or changes the existing building footprint,
changes to the appearance of the building exterior or changes to existing landscaping in
the MU, C-1, C-2, C-3, and R-3 Zoning Districts, as set forth in Chapter 78, Zoning of the
Village of Tequesta Code of Ordinances and pursuant to the requirements of the Village
of Tequesta Comprehensive Development Plan.
Section 3: During the term of the moratorium, Village staff shall conduct a
comprehensive review of the Village's existing codes and determine compliance with the
Village's Comprehensive Development Plan and to determine what revisions are required
to provide internal consistency, best protect the residents of the Village as permitted by
law, and to ensure compatibility as required by the Comprehensive Development Plan.
In addition, Village staff shall coordinate with the Treasure Coast Regional Planning
Council pursuant to its current agreement with the Village.
Section 4: During the term of the moratorium, the Village shall not accept or
process applications for development orders or building permits for new development
and/or re -development which seek to increase building height or number of stories,
First Reading May 12, 2022
increase lot coverage or change the existing building footprint, change the appearance of
the fapade or building exterior or change the existing landscaping in the MU, C-1, C-2, C-
3, and R-3 Zoning Districts. Nothing contained in this ordinance shall be deemed to
prevent or prohibit the acceptance and processing of new applications related to the
maintenance, repair or removal of any building, structure or use, or the issuance of
permits for the same, or for compete applications that were submitted prior to the effective
date of this moratorium. Likewise, nothing contained in this ordinance shall be deemed
to prevent or prohibit the acceptance and processing of new applications for building
improvements related to life safety issues (e.g. installation of new emergency generators
or other life safety building improvements or renovations), or storm hardening issues (e.g.
replacement of existing windows and doors with new impact glass windows or other storm
resistant materials).
Section 5: Notwithstanding anything to the contrary in this ordinance, at such
time as the Village Council approves by motion and majority vote, conceptual changes
for new code provisions to the Village's land development regulations that are captured
by this moratorium ordinance, then the Village Council may also, by motion and majority
vote, allow for the acceptance and processing of applications for development orders or
building permits which recognize and apply the proposed new code provisions during the
remaining pendency of this moratorium and during the pendency of an ordinance or
ordinances for the formal implementation of such new code provisions to the Village's
land development regulations. Although applications may be accepted and processed,
no development order or building permit that applies such new code provisions shall be
effective until such new code provisions have been formally adopted by ordinance.
Section 6: This moratorium shall commence and shall remain in full force and
effect for a period of six (6) months from the adoption of this ordinance. This moratorium
shall automatically expire at the conclusion of said six-month period unless terminated
sooner by the Village Council at a public hearing called for such purpose. The Village
Council may, by ordinance, and upon the adoption of findings of fact justifying same,
extend the term of this moratorium prior to its automatic expiration.
Section 7: Violations of this moratorium may be remedied through any means
available to the Village, both in law and at equity.
First Reading May 12, 2022
Section 8: All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 9: The various parts, sections and clauses of this Ordinance are
hereby declared to be severable. If any part, sentence, paragraph, section or clause is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of the Ordinance shall not be affected thereby. In the event of a subsequent change in
applicable law, so the provision which had been held invalid is no longer invalid, the
provision shall thereupon return to full force and effect without further action by the
Village and shall thereafter be binding under this Ordinance.
Agenda Item #20.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 12 2022
Staff Contact: Keith Davis, Village Attorney Department: Legal
ORDINANCE NO. 11-22 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF NEW
APPLICATIONS FOR DEVELOPMENT ORDERS OR BUILDING PERMITS FOR NEW
DEVELOPMENT AND/OR RE -DEVELOPMENT WHICH INCREASES BUILDING HEIGHT OR
NUMBER OF STORIES, INCREASES LOT COVERAGE OR CHANGES THE EXISTING BUILDING
FOOTPRINT, WHICH PROPOSES CHANGES TO THE APPEARANCE OF THE BUILDING
EXTERIOR OR TO THE SITE LANDSCAPING IN THE MU, C-1, C-2, C-3, R-2 AND R-3 ZONING
DISTRICTS AS SET FORTH IN CHAPTER 78. ZONING, OF THE VILLAGE OF TEQUESTA CODE
OF ORDINANCES AND PURSUANT TO THE REQUIREMENTS OF THE VILLAGE OF TEQUESTA
COMPREHENSIVE DEVELOPMENT PLAN; PROVIDING THAT SAID MORATORIUM SHALL BE IN
EFFECT FOR A PERIOD OF SIX MONTHS; DIRECTING VILLAGE STAFF TO UNDERTAKE A
COMPREHENSIVE REVIEW OF THE VILLAGE'S EXISTING LAND DEVELOPMENT CODES WITH
AN EMPHASIS ON COORDINATION BETWEEN AESTHETIC AND LANDSCAPING REGULATIONS
AND COASTAL CONSERVATION; DIRECTING ADDITIONAL COORDINATION WITH THE
TREASURE COAST REGIONAL PLANNING COUNCIL PURSAUANT TO ITS CURRENT
AGREEMENT WITH THE VILLAGE; PROVIDING FOR CONTINUATION OR TERMINATION OF SAID
MORATORIUM; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFECTIVE DATE.
The proposed ordinance would impose a moratorium on the acceptance and processing of applications
for development orders and / or building permits, and on the issuance of same, for sites in the R-2, R-
3, C-1, C-2, C-3, and MU zoning districts that would propose any new development, or that would
propose re -development which would increase building height or number of stories, increase lot
coverage or change the existing building footprint, make changes to the building's exterior, or change
site landscaping. The moratorium would last for 6 months unless terminated earlier than that by the
Village Council, and could be extended for cause shown, also by ordinance.
During the term of the moratorium, Village staff will work with both the Treasure Coast Regional
Planning Council and the Village's contract planning consultant to update land development regulations
that address future development related to these specific code requirements in these specific zoning
districts.
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: 0 AVAILABLE AMOUNT: 0 EXPENDITURE AMOUNT: 0
Page 249 of 254
Agenda Item #20.
Additional Budgetary Information:
0
Funding Source(s):
0
Council discussion and direction regarding the specific parameters of the proposed moratorium, with
approval on First Reading.
Moratorium Ordinance First Reading Final
Page 250 of 254
Agenda Item #20.
First Reading May 12, 2022
ORDINANCE NO. 11-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA, IMPOSING A MORATORIUM ON THE
ACCEPTANCE OF NEW APPLICATIONS FOR DEVELOPMENT
ORDERS OR BUILDING PERMITS FOR NEW DEVELOPMENT
AND/OR RE -DEVELOPMENT WHICH INCREASES BUILDING
HEIGHT OR NUMBER OF STORIES, INCREASES LOT
COVERAGE OR CHANGES THE EXISTING BUILDING
FOOTPRINT, WHICH PROPOSES CHANGES TO THE
APPEARANCE OF THE BUILDING EXTERIOR OR TO THE SITE
LANDSCAPING IN THE MU, C-1, C-2, C-3, R-2 AND R-3 ZONING
DISTRICTS AS SET FORTH IN CHAPTER 78. ZONING, OF THE
VILLAGE OF TEQUESTA CODE OF ORDINANCES AND
PURSUANT TO THE REQUIREMENTS OF THE VILLAGE OF
TEQUESTA COMPREHENSIVE DEVELOPMENT PLAN;
PROVIDING THAT SAID MORATORIUM SHALL BE IN EFFECT
FOR A PERIOD OF SIX MONTHS; DIRECTING VILLAGE STAFF
TO UNDERTAKE A COMPREHENSIVE REVIEW OF THE
VILLAGE'S EXISTING LAND DEVELOPMENT CODES WITH AN
EMPHASIS ON COORDINATION BETWEEN AESTHETIC AND
LANDSCAPING REGULATIONS AND COASTAL
CONSERVATION; DIRECTING ADDITIONAL COORDINATION
WITH THE TREASURE COAST REGIONAL PLANNING
COUNCIL PURSAUANT TO ITS CURRENT AGREEMENT WITH
THE VILLAGE; PROVIDING FOR CONTINUATION OR
TERMINATION OF SAID MORATORIUM; PROVIDING A
CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFECTIVE DATE.
WHEREAS, the Village of Tequesta is beginning to experience increased interest
in the development and re -development of sites for residential, commercial, and mixed
uses in the R-2, R-3, C-1, C-2, C-3 and MU Zoning Districts; and
WHEREAS, the Village of Tequesta Comprehensive Development Plan requires
that the Village review its land development regulations periodically with an eye toward
ensuring, among other things, compatibility with the character of the Village and
compatibility with neighboring properties, development and uses; and
WHEREAS, current land development regulations are out of date, vague and do
not provide for adequate architectural and design standards, or appropriate landscaping
requirements; nor do current land development regulations encourage coastal
Page 251 of 254
Agenda Item #20.
First Reading May 12, 2022
conservation via dune preservation and restoration as contemplated by the Village's
Comprehensive Development Plan; and
WHEREAS, the Village has engaged the Treasure Coast Regional Planning
Council to solicit public input, conduct a public design charrette, analyze potential
redevelopment strategies, and provide recommendations for maintaining the desired
community scale and character for the Village, with a focus on the commercial C-1, C-2,
and C-3 zoning districts of the Village, but also including the Village's mixed use MU
zoning district, and specifically including the area bounded by the Palm Beach County -
Martin County Line to the north, US-1 to the east, the Village limits to the south, and the
Old Dixie-FEC corridor to the west; and
WHEREAS, The Village has also engaged its own planning consultant to provide
additional consulting services with a focus on the residential R-3 zoning district,
including a review and analysis of design features relative to scaled down height,
building mass and articulations including the skyline, mid -section (balconies, windows,
etc.) and ground floor (arcades, canopies, etc.), and assessment of landscaping
regulations regarding the need for additional buffering, types of plantings, and location
on the site for the purpose of recommending Code revisions; and
WHEREAS, compatibility through development and re -development requires a
declaration of "zoning in progress" and a moratorium on applications for development
orders or building permits for new development and/or re -development which increases
building height or number of stories, increases lot coverage or changes the existing
building footprint, changes to the appearance of the building exterior or changes to
existing landscaping in the MU, C-1, C-2, C-3, R-2 and R-3 zoning districts; and
WHEREAS, the Village Council has determined that a six (6) month moratorium
on the acceptance of new applications for development orders or building permits for
new development and/or re -development which increases building height or number of
stories, increases lot coverage or changes the existing building footprint, changes to the
appearance of the building exterior or changes to existing landscaping in the MU, C-1,
C-2, C-3, R-2 and R-3 zoning districts is necessary in order to maintain the status quo in
the Village and simultaneously allow Village staff to conduct a comprehensive review of
the Village's existing codes to determine compliance with the Village's Comprehensive
Page 252 of 254
Agenda Item #20.
First Reading May 12, 2022
Development Plan and to determine what revisions are required to provide internal
consistency, best protect the residents of the Village as permitted by law, and to ensure
compatibility as required by the Comprehensive Development Plan; and
WHEREAS, the Village Council has determined that the enactment of this
moratorium is in the best interest of the Village and is necessary in order to protect the
public health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
Section 1: The foregoing recitals are true and correct, are hereby made a
specific part of this Ordinance.
Section 2: There is hereby imposed a moratorium with respect to the
acceptance of new applications for development orders or building permits for new
development and/or re -development which would result in an increase to building height
or number of stories, increases lot coverage or changes the existing building footprint,
changes to the appearance of the building exterior or changes to existing landscaping in
the MU, C-1, C-2, C-3, R-2 and R-3 Zoning Districts, as set forth in Chapter 78, Zoning
of the Village of Tequesta Code of Ordinances and pursuant to the requirements of the
Village of Tequesta Comprehensive Development Plan.
Section 3: During the term of the moratorium, Village staff shall conduct a
comprehensive review of the Village's existing codes and determine compliance with
the Village's Comprehensive Development Plan and to determine what revisions are
required to provide internal consistency, best protect the residents of the Village as
permitted by law, and to ensure compatibility as required by the Comprehensive
Development Plan. In addition, Village staff shall coordinate with the Treasure Coast
Regional Planning Council pursuant to its current agreement with the Village.
Section 4: During the term of the moratorium, the Village shall not accept or
process applications for development orders or building permits for new development
and/or re -development which seek to increase building height or number of stories,
increase lot coverage or change the existing building footprint, change the appearance
Page 253 of 254
Agenda Item #20.
First Reading May 12, 2022
of the facade or building exterior or change the existing landscaping in the MU, C-1, C-
2, C-3, R-2 and R-3 Zoning Districts. Nothing contained in this ordinance shall be
deemed to prevent or prohibit the acceptance and processing of new applications
related to the maintenance, repair or removal of any building, structure or use, or the
issuance of permits for the same, or for compete applications that were submitted prior
to the effective date of this moratorium.
Section 5: This moratorium shall commence and shall remain in full force and
effect for a period of six (6) months from the adoption of this ordinance. This moratorium
shall automatically expire at the conclusion of said six-month period unless terminated
sooner by the Village Council at a public hearing called for such purpose. The Village
Council may, by ordinance, and upon the adoption of findings of fact justifying same,
extend the term of this moratorium prior to its automatic expiration.
Section 6: Violations of this moratorium may be remedied through any means
available to the Village, both in law and at equity.
Section 7: All ordinances or Code provisions in conflict herewith are hereby
repealed.
Section 8: The various parts, sections and clauses of this Ordinance are
hereby declared to be severable. If any part, sentence, paragraph, section or clause is
adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder
of the Ordinance shall not be affected thereby. In the event of a subsequent change in
applicable law, so the provision which had been held invalid is no longer invalid, the
provision shall thereupon return to full force and effect without further action by the
Village and shall thereafter be binding under this Ordinance.
Page 254 of 254