HomeMy WebLinkAboutDocumentation_Regular_Tab 17_8/11/2022Agenda Item #17.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 11 2022
Staff Contact: Keith Davis, Village Attorney Department: Council
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ON RECONSIDERATION 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.
Ordinance 11-22 was originally considered by the Village Council on May 12, 2022 at which time the Council by
a 3-2 vote, decided to NOT adopt on First Reading. On July 14, 2022, a member of the prevailing side of the
original vote made a motion to reconsider the matter and the Council unanimously agreed to reconsider the
ordinance. Council engaged in full discussion with public comment and input at its August 1, 2022 Workshop
meeting. Ordinance 11-22 is now back before the Council for reconsideration on First Reading.
The Council has options on how to proceed at this time:
(1) On a motion to adopt Ordinance 11-22 on First Reading as written, the Council may adopt the
ordinance on First Reading which will move it on to Second Reading in September.
(2) On a motion to adopt Ordinance 11-22 on First Reading with modifications, the Council may adopt
the ordinance on First Reading with whatever substantive changes the Council believes to be
appropriate. For example:
A. The length of the moratorium can be changed from six months to a different time - it is not advisable to
extend the length of the moratorium to a longer period of time; however, a shorter period of time would not create
additional legal exposure for the Village.
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Agenda Item #17.
B. The scope of the moratorium can be changed to limit its reach to a single zoning district (e.g. R-3 only);
narrowing the scope of the moratorium would not create additional legal exposure for the Village.
C. The land development regulations being considered for revision can be modified by adding or removing
substantive code requirements to be reviewed for change during the pendency of the moratorium; depending on
the direction given here, legal exposure could be altered in either a positive or a negative manner.
The ordinance would then move on to Second Reading as modified in September.
(3) On a motion to NOT adopt Ordinance 11-22 on First Reading, the Council may again NOT adopt the
ordinance. The matter would again be closed and no Second Reading would occur.
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PROJECT NAME: Moratorium
Ordinance
Proposed:
0
PROJECTED TOTAL: 0
BUDGET: 0 ENCUMBERED: 0
Projected Remaining:
0
One of the above motions, a second, discussion, and a vote on the motion.
Moratorium Ordinance First Reading ON RECONSIDERATION Final
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Agenda Item #17.
First Reading ON RECONSIDERATION August 11, 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-31 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
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Agenda Item #17.
First Reading ON RECONSIDERATION August 11, 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-21 C-37 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-21 C-31 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
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Agenda Item #17.
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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
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Agenda Item #17.
First Reading ON RECONSIDERATION August 11, 2022
of the fagade or building exterior or change the existing landscaping in the MU, C-17 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.
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