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HomeMy WebLinkAboutOrdinance_11-22_8/11/2022DENIED ON FIRST READING 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. 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compatibility with neighboring properties, development and uses; and WHEREAS, current land development regulations are out of date, vague and do not provide for adequate architectural and design standards, or appropriate landscaping requirements; nor do current land development regulations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 DENIED ON FIRST READING RECONSIDERATION 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 DENIED ON FIRST READING RECONSIDERATION 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 of DENIED ON FIRST READING RECONSIDERATION the fagade 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. .Y ORDINANCE Date 11-22 on Reconsideration 8/11 /2022 Upon Second Reading Motion Council Member Frank D'Ambra Second Council Member Aaron Johnson FOR AGAINST ABSENT CONFLICT Mayor Molly Young ®x El E Vice -Mayor Kyle Stone Council E] ®x r Member Laurie Brandon ®x 1 Council Member Frank D'Ambra Council Member Aaron Johnson © ®x 17 rl The Mayor thereupon declared the Ordinance NOT ADOPTED. MAYOR OF TEQUESTA: Molly Young =~ SEAL :INCORPORATED ATTEST: ;vOF4FLoQ`,�P\°` /,,,F/���IphllfllllY I111111t11U\I\\\\\`\\ Lori McWilliams, MMC Village Clerk