HomeMy WebLinkAboutDocumentation_Regular_Tab 10_1/12/2023Agenda Item #10.
Regular Council
STAFF MEMO
Meeting:
Staff Contact:
Regular Council - Jan 12 2023
Nilsa Zacarias, Director of
Community Development
C-3
Department: Community Development
ORDINANCE NO. 16-22, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING., 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 DEFINITION OF THE TERM "CANOPY TREE"; SEC. 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; SEC. 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% OF THOSE SHRUBS AND HEDGES TO BE NATIVE SPECIES ON SINGLE-
FAMILY AND DUPLEX LOTS; SEC. 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 RESIDENTIAL PROPERTIES; AND REVISE THE WALL, HEDGE AND
LANDSCAPE BUFFER REQUIREMENTS FOR ALL MULTIFAMILY, MIXED -USE, AND
COMMERCIAL LAND USES; SEC. 78-404. GROUND COVER AND TREES IN PLANTING STRIPS.
TO INCREASE THE REQUIRED PALM TREE HEIGHT FROM 12 TO 16 FEET; AND SEC. 78-409.
LANDSCAPING AROUND PRINCIPAL STRUCTURES. TO REVISE THE REGULATIONS FOR
LANDSCAPING AROUND THESE STRUCTURES; 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
Page 142 of 396
Agenda Item #10.
Ord. 16-22 Landscaping Ordinance Second Reading January 2023 AMENDED
Page 143 of 396
Agenda Item #10.
and
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 DEFINITION OF THE TERM "CANOPY TREE"; SEC. 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; SEC. 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% OF
THOSE SHRUBS AND HEDGES TO BE NATIVE SPECIES ON SINGLE-
FAMILY AND DUPLEX LOTS; SEC. 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 RESIDENTIAL
PROPERTIES; AND REVISE THE WALL, HEDGE AND LANDSCAPE
BUFFER REQUIREMENTS FOR ALL MULTIFAMILY, MIXED -USE, AND
COMMERCIAL LAND USES; SEC. 78-404. GROUND COVER AND
TREES IN PLANTING STRIPS. TO INCREASE THE REQUIRED PALM
TREE HEIGHT FROM 12 TO 16 FEET; AND SEC. 78-409.
LANDSCAPING AROUND PRINCIPAL STRUCTURES. TO REVISE THE
REGULATIONS FOR LANDSCAPING AROUND THESE
STRUCTURES; 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 within the Village;
WHEREAS, Village Staff believes the revisions are necessary to the existing
landscaping regulations to require the submission of irrigation plans with site plan
submittals, revise select landscape definitions, update the prohibited plant species list,
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Page 144 of 396
Agenda Item #10.
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
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.
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Page 145 of 396
Agenda Item #10.
[Subsections (b) — (c) left in full force and effect as previously adopted.]
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, throo-onNW1ah four -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 torohinthifnlii 1s 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).
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Agenda Item #10.
(5) Albizia lebbeck (commonly known as Woman's Tongue).
(6) Ardisia solonacea (commonly known as Shoebutton Ardisia).
(7) Colubrina asiatica (commonly known as' aw:a+"or' oaf Lather Leaf).
(8) Dioscorea bulbifera (commonly known as Air Potato).
(9) Fiscus altissima (commonly known as Lofty Fig).
(10) Fiscus hon^�'onbenahalensis (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 Old World
Climbing Fern).
(14) Mimosa pigra (commonly known as Cat's Claw).
(15) Rhodomyrtus t^min+^c1 1c tomentosa (commonly known as Downy Rose
Myrtle).
(16) Bischofia javanica (commonly known as �+sebe#E�Japanese Bishogwood).
(17) Cupaniopsis anacardioides (commonly known as Carrotwood).
(18) Schefflera actinophylla (commonly known as Schefflera).
(19) Asparagus densiflorus (commonly known as Asparagus Fernl.
(20) Dalber is sissio commonly known as Indian Rosewoodl.
(21) Eucalyptus spa. (commonly known as Eucalyptus Sgeciesl.
(22) Euaenia uniflora (commonly known as Surinam Cherry).
(23) Grevillea robusta (commonly known as Silk Oak).
(24) Sansevieria {commgnly known as Snake Plant).
(25) Scaevola sericea (commonly known as Beach Nauaaka).
(26) Wedelia trilobata [commonly known as Wedelia).
[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%
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Page 147 of 396
Agenda Item #10.
native trees be planted, and require one shrub per 500 square feet of site area with 50%
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 and duplex lots located within R-1, R-1 A 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 constructions ht"o
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. Gmmnlll lAinth the
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 r�rnr�n�orl I W Ifnr Rew deyelenmonf nr
yAli io of fho ov. Jona Holiolnnmonf mrinr fn fho tart of annsL WN %.'%.Fl -n-within 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 16 feet of
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Agenda Item #10.
al iz_:�r tri 1 n k height at the time of planting. Only 50 percent of all required
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 nrnr,nsod for nova, rloyininnmont nr
tho oviiz+inr Hoyininnmont nrinr +n+h�tprf of annQwithin the village shall
plant at least one shrub per 1. 500 0500 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
Page 149 of 396
Agenda Item #10.
planted on the outside of walls where required for commercial properties abutting
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 Mr r»rkmnn nroas
0 %WE r, 0.4R 0 0 1& 0 0 0 V %A 0 1%0
(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.
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- - - - - . I (B) For all multifamily, mixed -use, and commercial land uses, a
landscape buffer shall be reggired to be a minimum of 15 feet from any public
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Agenda Item #10.
right of way line, and ten feet from all adjacent property lines. Waterfront
properties shall provide a 5-foot landscape buffer at a minimum of 40 percent of
the Droperty's total rear lot line. The 5-foot landscape buffer shall be taken from
the back side of the bulkhead/seawall/ripraD of all waterway Droperties, and from
the back (west) side of the dune. Commercial land uses adjacent to residential
land uses shall provide a solid oDaaue 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 guideline only.
ViALL i FENCE
RE IDENT11
USE
REQUIRED PERIMETER LANDSCAPING
10' CDR 5' IF ALONG WATERWAY OR DUNE
PUBLIC i PRIVATE RIGHT OF WAY
PROPERTY LIME
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 #sod or other plant ground cover material in accordance with this
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Agenda Item #10.
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 4-2--16
feet height of rVloart r %A,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' 0.. MAX.
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:
Sec. 78-409. Landscaping around principal structures.
41F W
Ah
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Agenda Item #10.
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• Il structures shall have I minimum landscape I least_
t in
width exce t for ingress/egress walks, designated load 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
reauired by this section must be met. Tree and palm groupings shall be given special
consideration for breaking up the building massing. For buildinas in excess of three
stories, 20' height trees and/or palms with staaaered heights shall be required.
Mechanical equipment shall be screened per Article IX, Supplemental Regulations.
Section 8: Each and every other Section and Subsection of Chapter 78.
Zoning. shall remain in full force and effect as previously adopted.
Section 9: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 10: 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 11: Specific authority is hereby granted to codify this Ordinance.
Section 12: This Ordinance shall take effect immediately upon adoption.
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