HomeMy WebLinkAboutDocumentation_Local Planning Agency_Tab 03_11/17/2022Local Planning Agency
STAFF MEMO
IL
Meeting: Local Planning Agency - Nov 17 2022
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
ORDINANCE NO. 16-22 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78.
ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-333. CONTENTS OF
APPLICATION. TO REQUIRE IRRIGATION PLANS TO BE SUBMITTED IN CONJUNCTION WITH
LANDSCAPE PLANS DURING THE SITE PLAN REVIEW PROCESS; SEC. 78-393. DEFINITIONS.
TO REVISE THE "CANOPY TREE" DEFINITION; SEC. 78-397. PROHIBITED PLANT SPECIES. TO
REVISE THE LISTED SPECIES NAMES AND ADD PROHIBITED SPECIES; SEC. 78-402.
LANDSCAPING ON SINGLE-FAMILY AND DUPLEX LOTS. TO REQUIRE LANDSCAPE AND
IRRIGATION PLANS; INCREASE THE PALM TREE HEIGHT AND REQUIRE NATIVE TREES AND
SHRUBS; SEC. 78-403. LANDSCAPING ABUTTING RESIDENTIAL AREAS; PERIMETER
PLANTING STRIP REQUIRED. TO REVISE THE SECTION HEADING, AND REVISE THE WALL,
HEDGE AND LANDSCAPE BUFFER REQUIREMENTS; SEC. 78-404. GROUND COVER AND
TREES IN PLANTING STRIPS. TO INCREASE THE REQUIRED PALM TREE HEIGHT; AND SEC.
78-409. LANDSCAPING AROUND PRINCIPAL STRUCTURES. TO REVISE THE LANDSCAPING
REGULATIONS; AND AT ARTICLE X. OFF-STREET AND NON -STREET PARKING AND LOADING
REGULATIONS., SEC. 78-705 REQUIRED NUMBER OF PARKING SPACES. TO INCREASE THE
REQUIRED NUMBER OF PARKING SPACES FOR MULTI -FAMILY DWELLING DEVELOPMENTS
OVER 20 DWELLING UNITS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION 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.
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PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
N/A N/A
Ord. 16-22 Landscaping and Parking Ordinance 10-31-22 V3
ORDINANCE NO. 16-22
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX.
SUPPLEMENTAL REGULATIONS., SEC. 78-333. CONTENTS OF
APPLICATION. TO REQUIRE IRRIGATION PLANS TO BE SUBMITTED
IN CONJUNCTION WITH LANDSCAPE PLANS DURING THE SITE
PLAN REVIEW PROCESS; SEC. 78-393. DEFINITIONS. TO REVISE
THE "CANOPY TREE" DEFINITION; SEC. 78-397. PROHIBITED
PLANT SPECIES. TO REVISE THE LISTED SPECIES NAMES AND
ADD PROHIBITED SPECIES; SEC. 78-402. LANDSCAPING ON
SINGLE-FAMILY AND DUPLEX LOTS. TO REQUIRE LANDSCAPE
AND IRRIGATION PLANS; INCREASE THE PALM TREE HEIGHT AND
REQUIRE NATIVE TREES AND SHRUBS; SEC. 78-403.
LANDSCAPING ABUTTING RESIDENTIAL AREAS; PERIMETER
PLANTING STRIP REQUIRED. TO REVISE THE SECTION HEADING,
AND REVISE THE WALL, HEDGE AND LANDSCAPE BUFFER
REQUIREMENTS; SEC. 78-404. GROUND COVER AND TREES IN
PLANTING STRIPS. TO INCREASE THE REQUIRED PALM TREE
HEIGHT; AND SEC. 78-409. LANDSCAPING AROUND PRINCIPAL
STRUCTURES. TO REVISE THE LANDSCAPING REGULATIONS; AND
AT ARTICLE X. OFF-STREET AND NON -STREET PARKING AND
LOADING REGULATIONS., SEC. 78-705 REQUIRED NUMBER OF
PARKING SPACES. TO INCREASE THE REQUIRED NUMBER OF
PARKING SPACES FOR MULTI -FAMILY DWELLING DEVELOPMENTS
OVER 20 DWELLING UNITS; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION 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 Code currently regulates landscaping and off-street
parking within the Village; and
WHEREAS, Village Staff believes the revisions are necessary to the existing
landscaping and parking regulations to require the submission of irrigation plans with
site plan submittals, revise select landscape definitions, update the prohibited plant
species list, revise the foundation planting requirements around buildings, revise the
landscape buffer requirements and number of trees/shrubs, and clarify tree height and
spacing requirements; and
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WHEREAS, the Village Council desires to adopt such revisions to the Village's
Zoning Code; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be 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, PALM BEACH COUNTY, FLORIDA AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations. by amending
Section 78-333. Contents of application. to require irrigation plans to be submitted in
conjunction with landscape plans during the site plan review process; providing that
Section 78-333 shall hereafter read as follows:
Sec. 78-333. - Contents of application.
(a) Applications for site plan review shall be filed with the community development
director and shall include those of the following information items that are
applicable:
[Subsections (1) — (8) left in full force and effect as previously adopted.]
(9) Landscaping plan, including types, sizes and locations of vegetation and
decorative shrubbery, and showing provisions for irrigation systems. Plans
shall also provide delineation of existing trees and information as to which
trees will be reused or removed. Landscaping plans shall comply with section
78-400. In addition, landscaping plans shall include irrigation plans in
accordance with section 78-398, and shall demonstrate compliance with
Florida Friendly Landscaping design standards as required by section 78-394,
as applicable (See section 78-392 for applicability). Irrigation plans shall be
submitted in conjunction with landscape plans during the site plan review
process. Irrigation plans shall meet the criteria set forth in Sec. 78-398.
[Subsections (b) — (c) left in full force and effect as previously adopted.]
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Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-393. Definitions. to revise the definition of the
term "Canopy tree"; providing that Section 78-393 shall hereafter read as follows:
Sec. 78-393. - Definitions.
The following terms, when used in this division, shall have the meanings ascribed
to them in this section, except where context clearly indicates a different meaning:
Canopy tree: Any single trunked, self supporting plant, upright in growth, with a
minimum size of sixteen feet high, six-foot spread, three-inr-"rfour-inch caliper and five
feet of clear trunk for commercial and multi -family properties, and fourteen feet high
five-foot spread, three-inch caliper and four feet of clear trunk for single family and
duplex lots. Multi -stem trees may be allowed on a case by case basis based on
variety and natural growth characteristics.
[All other definitions shall remain the same as previously adopted.]
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-397. Prohibited plant species. to revise the
common and Latin names for listed species and add additional species to be prohibited
in the Village; providing that Section 78-397 shall hereafter read as follows:
Sec. 78-397. - Prohibited plant species.
(a) The following plant species shall not be planted in the village:
(1) Melaleuca quinquenervia (commonly known as Punk Tree, Cajeput or Paper
Bark).
(2) Schlnus terebiRthifelii s terebinthifolia (commonly known as Brazilian Pepper
or Florida Holly).
(3) Casuarina species (commonly known as Australian Pine).
(4) Acacia auriculiformis (commonly known as Earleaf Acacia).
(5) Albizia lebbeck (commonly known as Woman's Tongue).
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(6) Ardisia solonacea (commonly known as Shoebutton Ardisia).
(7) Colubrina asiatica (commonly known as Leather' oaf Lather Leaf).
(8) Dioscorea bulbifera (commonly known as Air Potato).
(9) Fiscus altissima (commonly known as Lofty Fig).
(10) Fiscus bengalensis be alensis (commonly known as Banyan).
(11) Hibiscus tiliaceus (commonly known as Mahoe).
(12) Jasminum dichotomum (commonly known as Gold Coast Jasmine).
(13) Lygodium microphyllum (commonly known as cma"_' eaye - Old World
Climbing Fern).
(14) Mimosa pigra (commonly known as Cat's Claw).
(15) Rhodomyrtus +^mon+^r- tomentosa (commonly known as Downy Rose
Myrtle).
(16) Bischofia javanica (commonly known as Riga -Japanese Bishopwood).
(17) Cupaniopsis anacardioides (commonly known as Carrotwood).
(18) Schefflera actinophylla (commonly known as Schefflera).
(19) Asparagus densiflorus (commonly known as Asparagus Fern).
(20) Dalbergia sissio (commonly known as Indian Rosewood).
(21) Eucalyptus spp. (commonly known as Eucalyptus Species).
(22) Eugenia uniflora (commonly known as Surinam Cherry).
(23) Grevillea robusta (commonly known as Silk Oak).
(24) Sansevieria (commonly known as Snake Plant).
(25) Scaevola sericea (commonly known as Beach Naupaka).
(26) Wedelia trilobata Icommonly known as Wedelial.
[Subsection (b) left in full force and effect as previously adopted.]
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-402. Landscaping on single-family and duplex
lots. to require submission of landscape plans and irrigation plans prior to issuance of a
certificate of occupancy; increase the palm tree height from 12 to 16 feet, require 50%
native trees be planted, and require one shrub per 500 square feet of site area with 50%
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of those shrubs and hedges to be native species on single-family and duplex lots;
providing that Section 78-402 shall hereafter read as follows:
Sec. 78-402. - Landscaping on single-family and duplex lots.
A� All single-family ',wand duplex lots located within R-1, R-1A or R-2 zoning
districts shall comply with the following landscape requirements:
(1) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the
value of the existing development prior to the start of construction � �i+h he
village shall be required to submit landscape and irrigation plans to the
Department of Community Development for review and consideration of
approval prior to issuance of certificate of occupancy. GOFRPI., with the
PeFGeRt Rative IandsGapiRgrequrea, by submift+nglaRsEapiRg—and
irrigatioR plaRG to the rlepaFtFneRt Gf GOMM Rity deyelepMeRt fr`r Feview and
GGRGi ratieR fer appreval prier to issuai-Ge of oar-GeFtifiCate-ef eGGU
This provision shall also apply to any renovation, restoration or construction
activity to an existing structure or existing landscaped area wherein the
renovation, restoration or construction activity value is greater than 50
percent of the assessed value of the existing structure, or 50 percent of the
estimated value of the existing landscaped areas determined by the
department of community development.
(2) All single-family and duplex lots p, � �'�Rew d ^meter
ree elr�r�m�FeRey.� ifi ., in Of 50 PeFGeRt ref the
r �crvpnT , �Trv-Pcr Eati6rrirre-iCC�Sr-vi-�perccrrr-vr-crtc
value of the exiStiRg deyelFclopmeR the start Of GO GtFUGtio ithin the
village shall plant at least one canopy tree per 2,500 square feet of site
area. If palm trees are planted in lieu of canopy trees, they may be clustered
in groups of three} which group shall equate to one canopy tree as required
in this section. Palm trees shall be planted with a minimum 42-16 feet of
tFunk height at the time of planting. Only 50 percent of all required
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trees provided in the landscaping plan may be palm trees. At least one
canopy tree must be planted in the front yard. A minimum of 50 percent of all
trees planted on the site shall be native species.
(3) All single-family and duplex lots nprrepe��� w d e pme�er
red ent,n reneva inn nr medifi G.atie rnreXGeSSef 50 eFGent of the valu
the -eXiSt+pg-&VO eRt pFiE)F W the sta;*�G;6tiYGtiGR within the village shall
plant at least one shrub per 4,000-500 square feet of site area. Such shrubs shall
not be less than 18 inches high with a 14 inch spread at the time of planting. A
minimum of 50 percent of all shrubs and hedges planted on the site shall be
native species. Landscape plans shall comply with the Florida -Friendly
landscaping general provisions as set forth in the South Florida Water
Management District Water Wise Guide.
(4) All landscaped areas on single-family and duplex lots within the village shall
be provided with sufficient automatic irrigation facilities and moisture control
devices, both of which shall be maintained in working order at all times in
accordance with this division. If good cause is shown that there is not a need for
automatic irrigation facilities, this requirement may be waived by action of the
village council.
(5) All single-family and duplex lots proposed for new development, or
redevelopment, renovation or modification in excess of 50 percent of the value of
the existing development prior to the start of construction within the village shall
be required to remove any prohibited landscaping from the property as set forth
in this division. This subsection shall be enforced by the village by requiring the
removal of any prohibited landscaping prior to granting any landscaping,
irrigation or well permit.
Section 5: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-403. Landscaping abutting residential areas;
perimeter planting strip required. to revise the section heading, require hedges be
planted on the outside of walls where required for commercial properties abutting
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residential properties, and revise the wall, hedge and landscape buffer requirements for
all multifamily, mixed -use, and commercial land uses; providing that Section 78-403
shall hereafter read as follows:
Sec. 78-403. Landscaping abutting residential areas; perimeter planting strip
required for parking areas.
(A) In the planting strip of commercial properties abutting and/or immediately
adjacent to residential areas there shall be planted a living hedge not more than
six feet from the residential property line. The hedge must be planted prior to
issuance of a certificate of occupancy and must be planted at least four feet in
height and not more than two feet on center and must be maintained at a height
of not less than six feet and not more than ten feet. Additionally, a solid opaque
fence and/or wall of not less than five feet but not more than six feet shall be
required. The hedge shall be planted on the outside of the wall.
lots,(B) Fer puFpeses of this 68GtieR, GPeR Iand uses shall rneaR GPeR air parking
--
multifamily E)F ORStitUtOGRal use; however, this SeGtOOR shall REA apply tO SiRgle-
..
strip shall have a width of at least five feet where vehiGulaF use areas a - -
..
abut a publiG and/eF pFivate street right-ef-way. The plaRting Strips shall
plaRted with a hedge of at least 24 ORGhes on height at the tirne of pIantiRg,49
grow to a Minimum of four feet, bUt RE)t W eXGeed SOX feet OR height, and s
have trees plaRted as requiie i 0 R this diViSiOR. The diagram fE)IIGWiRg 0
illustrative purposes. It FePFeGeRtS mono FeMeRts and should be
C) For all multifamily, mixed -use, and commercial land uses, a
landscape buffer shall be required to be a minimum of 15 feet from =qQy=gu blic
right of way line, and 10 feet fromadmacent property lines. In Zoning
District R-
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3. where accessory structures are located within 15 feet of the public right of
way. a 10 foot landscape buffer shall be located along the full frontage of the
accessory structure. Waterfront properties shall provide a 5-foot landscape buffer
at a minimum of 40 percent of the property's total rear lot line. The 5-foot
landscape buffer shall be taken from the back side of the bulkhead/seawall/rip-
rap of all waterway properties. and from the back (west) side of the dune.
Commercial land uses adjacent to residential land uses shall provide a solid
opaque fence and/or wall of not less than five feet but not more than six feet. The
diagram following is for illustrative purposes. It represents minimum requirements
and should be considered as a guideljne only.
WALL /
RESI
® REQUIRED PERIMETER LANDSCAPING
10' OR B IF ALONG WATERWAY OR DUNE
PUBLIC / PRIVATE RIGHT OF WAY
LINE
Section 6: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-404. Ground cover and trees in planting strips. to
increase the required palm tree height from 12 to 16 feet; providing that Section 78-404
shall hereafter read as follows:
Sec. 78-404. - Ground cover and trees in planting strips.
The area of the required planting strip not occupied by a fence or hedge shall
be provided with turf -sod or other plant ground cover material in accordance with this
division. In addition, one canopy tree shall be provided for each 30 linear feet of such
landscaped area. If palm trees are planted in lieu of canopy trees, the palm trees may
be clustered in groups of three and three palm trees shall be required for each canopy
tree required under this section. Palm trees shall be planted with a minimum of 42--16
feet height of ^'o-ar +r� �nU at time of planting. Large specimen palms with a minimum
overall height of 18 feet, such as Medjool Date Palms, Wild Date Palms or Canary
Island Date Palms, shall be considered to be the equivalent of one canopy tree for the
purposes of this section. Only 50 percent of the required trees provided in the
landscaping plan shall be palm trees. The diagram following is for illustrative
purposes. It represents minimum requirements and should be considered as a
guideline only.
30' O.C. MAX.
LU
w �
Oz z
d a o o
= Q e z o
Section 7: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 4.
Landscaping. by amending Section 78-409. Landscaping around principal structures. to
revise the regulations for landscaping around these structures; providing that Section
78-409 shall hereafter read as follows:
-0• Landscapinu aroundprincipal
—dlek and .. .. .. ..
9
OFTMI
111MMI, AMR,
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Principal structures shall have a minimum landscape strip at least four feet in
width except for ingress/egress walks, designated loading areas and mechanical
equipment. One canopy tree or three palms shall be required for each 30 linear feet of
landscape strips. Trees and palms may be grouped, but the minimum number of trees
required by this section must be met. Tree and palm groupings shall be given special
consideration for breaking up the building massing. For buildings in excess of three
stories. 20' height trees and/or palms with staggered heights shall be required.
Mechanical equipment shall be screened per Article IX. Supplemental Regulations.
Section 8: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article X. Off -Street and Non -Street Parking and
Loading., by amending Section 78-705. Required number of parking spaces. to increase
the required number of parking spaces for multi -family dwelling developments over 20
dwelling units; providing that Section 78-705 shall hereafter read as follows:
Sec. 78-705. Required number of parking spaces.
Certain of these requirements may be in conflict with the special parking
requirements set forth in the property development standards for use within the MU
mixed -use district. Where a conflict exists, the property development standards of the
MU district shall apply. There shall be provided at the time of the erection of any main
building or structure, or at the time that any main building or structure is enlarged by
more than 25 percent of the square footage of the existing building or structure, or
increased in capacity by adding dwelling units, guestrooms, floor area or seats,
minimum off-street motor vehicle parking space with adequate provisions for ingress
and egress by a motor vehicle, in accordance with the following:
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[Subsections (1) — (7) left in full force and effect as previously adopted.]
(8) Dwellings, including foster care and group homes:
a. Single-family: Two spaces per dwelling unit.
b. Two-family (duplex): Two spaces per dwelling unit.
c. Multiple -family: Two spaces per dwelling unit plus an additional half a
space for first 20 residential dwelling units and a quarter of a space for any
additional dwelling units above 20 for guest of visitor parking.
d. In the R-1 zoning district, a minimum of one required parking space must
be enclosed in a garage or carport. In the R-1A zoning district, a minimum
of two required parking spaces must be enclosed in a garage or carport.
[Subsections (9) — (36) left in full force and effect as previously adopted.]
Section 9: Each and every other Section and Subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 10: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 11: 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 12: Specific authority is hereby granted to codify this Ordinance.
Section 13: This Ordinance shall take effect immediately upon adoption.
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