HomeMy WebLinkAboutDocumentation_Regular_Tab 11_1/12/2023Agenda Item #11 0
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. 02-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING., ARTICLE I. IN GENERAL., SEC. 78-4. DEFINITIONS. TO CREATE A NEW
DEFINITION FOR THE TERM "DESIGN GUIDELINES"; AT ARTICLE VI. SCHEDULE OF DISTRICT
REGULATIONS., SEC. 78-143. SCHEDULE OF SITE REQUIREMENTS. TO REVISE THE FRONT
AND SIDE YARD SETBACK REQUIREMENTS FOR THE R-3 ZONING DISTRICT; AT ARTICLE VI.
SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-175. R-3 MULTI -FAMILY DWELLING
DISTRICT. TO MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL FOR COMPLETING
DEVELOPMENT APPLICATIONS FOR PROPERTIES IN THE R-3 ZONING DISTRICT; AND AT
ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-289. LOCATION OF ACCESSORY
BUILDINGS. TO PROVIDE ADDITIONAL REGULATIONS FOR ACCESSORY STRUCTURES AND
BUILDINGS EAST OF BEACH ROAD; AND AT CHAPTER 22. COMMUNITY DEVELOPMENT.,
ARTICLE II. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82. GENERAL REQUIREMENTS
RELATIVE TO SITE PLAN REVIEW. TO MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL
FOR COMPLETING DEVELOPMENT APPLICATIONS FOR PROPERTIES IN THE R-3 ZONING
DISTRICT; AND AT CHAPTER 10. ANIMALS. ARTICLE III. SEA TURTLE PROTECTION., SEC. 10-
67. SEA TURTLE PROTECTION PLAN REQUIRED. TO ADOPT PALM BEACH COUNTY'S TURTLE
PROTECTION REGULATIONS; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 10. ANIMALS, AND CHAPTER 22 COMMUNITY DEVELOPMENT, AND
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.
Revised Ordinance 15-22, which was previously heard and discussed at the December 8th Village
Council meeting.
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completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
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N/A N/A
Page 154 of 396
Agenda Item #11 0
Ordinance & Design Guidelines Memo
Ord. 02-23 Design Guidelines Ordinance
Page 155 of 396
Agenda Item #11 0
Law
DAvis &
ASSOCIATES,P.,A,
Keith W. Davis, Esq.
Florida Bar Board Certified Attorney in
City, County and Local Government
Email: keith@davislawteam.com
MEMORANDUM
TO: Village Manager Allen for Distribution to Village Council
FROM: Village Attorney Davis
DATE: January 1, 2023
RE: Ordinances 15-22 and 16-22; R-3 Design Guidelines
At the December 8, 2022 Village Council meeting, the Village Council considered the
above three (3) referenced items at a public hearing. During the public hearing, the
Village Council heard presentations from Village staff regarding these items, and also
heard from legal counsel representing property owners who reside at 350 Beach Road
(Island House Northeast) and 325 Beach Road (Island House Southwest) both of whom
voiced certain objections to the ordinances and the design guidelines as presented.
Following the staff and resident presentations, the Village Council thoroughly debated
and discussed the guidelines and the ordinances and took different action on each of the
three (3) items:
1. The Design Guidelines were adopted, with direction given to Village staff to
conform them to the changes made to Ordinances 15-22 and 16-22, and to
remove reference to green building design. The Village Council will have an
opportunity to further comment on the revised Design Guidelines and approve
the edits that have been made at the January 12, 2023 Village Council meeting.
2. Ordinance 15-22 was not adopted on First Reading. Instead, the Village
Council directed Village staff to remove all revisions to existing rear setback
requirements, and to also consider the objections made by legal counsel for
the Island House residents and revise the ordinance to be considered on First
Reading again at the January 12, 2023 Village Council meeting.
3. Ordinance 16-22 was adopted on First Reading but without the proposed
revisions to the existing off-street parking requirements, and will be heard on
Second Reading at the January 12, 2023 Village Council meeting as edited.
The following portions of this Memorandum will list the edits that have been made to the
Design Guidelines, and to Ordinances 15-22 and 16-22 per Village Council direction; and
will also discuss comments on the edits received from the Island House residents through
their legal counsel:
7o1 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 I p 561-586-7116 I f 561 586-9611
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0 LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS 0
Page 156 of 396
Agenda Item #11.
January 1, 2023
Design Guidelines, Ordinances 15-22, and 16-22; Edits Following 12/08/22 Village Council meeting
Page No. 2
DESIGN GUIDELINES
Village staff has made the following edits to the approved Design Guidelines per Village
Council direction:
1. Graphics depicting the previously proposed rear setback have been removed
(pp. 87 9).
2. Terms "shall" or "must" have been chanaed to "should" throuahout the
document.
3. All reference to green building design have been removed from the body of the
document, from the appendix, and from the checklist (pp. 293 303 51, 55).
ORDINANCE 15-22
The Village Attorney has made the following edits to Ordinance 15-22 per Village Council
direction:
1. A new "WHEREAS" clause was added to address the Village's Comprehensive
Plan Private property Rights Element.
2. The definition of "Design Guidelines" was edited to add language that clearly
explains the guidelines are not, in and of themselves, approval criteria in any
quasi-judicial proceeding, but rather are meant to be a tool to be used by
applicants in meeting the existing aesthetic requirements contained on Ch. 22
Art. II of the Village Code.
3. Proposed changes to R-3 rear setback requirements were removed
completely.
4. R-3 side setback requirements were edited by "smoothing out" the current
"pyramid / wedding cake" step-in requirements. The result is a slightly greater
setback requirement at the bottom of the building and a slightly reduced
setback requirement at the top of the building.
5. New language was placed in both the R-3 zoning code and the Ch. 22 aesthetic
requirement code which reiterates the fact that the design guidelines are meant
to be a tool to be used by applicants to meet existing code requirements and
are not, in and of themselves, approval criteria in any quasi-judicial proceeding.
6. The ordinance title was conformed to the above edits.
ORDINANCE 16-22
The Village Attorney has made the following edits to Ordinance 16-22 per Village Council
direction:
1. The section that previously provided edits to the Villages off-street parking code
and proposed new requirements for guest parking was removed completely.
2. The ordinance title was conformed to the above edits.
3. The ordinance "WHEREAS" clauses were conformed to the above edits.
7o1 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 I p 561-586-7116 I f 561 586-9611
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0 LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS 0
Page 157 of 396
Agenda Item #11.
January 1, 2023
Design Guidelines, Ordinances 15-22, and 16-22; Edits Following 12/08/22 Village Council meeting
Page No. 3
Legal counsel representing the residents at 325 and 350 Beach Road were provided with
the above three (3) revised documents and were given ample opportunity to review and
comment on same.
Mr. Brian Seymour provided written comments dated December 30, 2022. Other than a
minor comment regarding landscaping requirements in the rear yard, and a minor
comment suggesting that the design guidelines should not be the only way an applicant
can demonstrate compliance with existing aesthetic requirements contained on Ch. 22
Art. II of the Village Code, Mr. Seymour expressed his clients' appreciation for the edits
that have been made since the December 8, 2022 Village Council meeting and stated
that there were no further objections to the documents.
Mr. Ron Klein spoke to me last week and also expressed appreciation for the edits that
have been made to the design guidelines and the ordinances since the December 8, 2022
Village Council meeting. Although Mr. Klein joined with Mr. Seymour in Mr. Seymour's
minor comments, he also advised me that there were no further objections to the
documents.
Mr. Seymour's December 30, 2022 e-mail comments are attached to this Memorandum
for your review.
7o1 Northpoint Parkway, Suite 205, West Palm Beach, FL 33407 I p 561-586-7116 I f 561 586-9611
***. davislawteam. com
0 LEADING ATTORNEYS IN LOCAL GOVERNMENT LAW AND ETHICS 0
Page 158 of 396
Agenda Item #11 0
Lance Lilly
From: Keith Davis <keith@davislawteam.com>
Sent: Tuesday, January 3, 2023 11:01 AM
To: Lance Lilly
Subject: [EXTERNAL] FW: Final comments on design guidelines and ordinances 15 and16
**This Email was sent from an external source. Please be mindful of its content**
From: Seymour, Brian <BSeymour@gunster.com>
Sent: Friday, December 30, 2022 3:45 PM
To: Keith Davis <keith@davislawteam.com>; ron.klein@hklaw.com
Cc: Jeremy Allen <jallen@tequesta.org>; Nilsa Zacarias <nzacarias@tequesta.org>
Subject: RE: Final comments on design guidelines and ordinances 15 and16
Keith,
I am still waiting to hear from all board members. But, I think that we are good and I know that you have a deadline.
First, thank you for considering our points, particularly adding in some additional clarity in Section 22-82(14). Though we
would prefer it as a separate section not under the criteria, and that it be stated that these are not the only method of
meeting the requirements, we also understand that the Council will follow your guidance and they have all made clear
on the record that this is not meant to be criteria, which means it also cannot be the only way to meet the Code
requirements. So, hopefully this will never be an issue that will have to be dealt with.
We did review the Design Guidelines again. The issue that I raised about Ordinance 16 was what I mentioned at the last
hearing. We want to be sure that the 5' rear landscape buffer does not become a de facto setback. We understand that
is not the intent, and that the intent is not to have views blocked along the water (which is of course a huge value issue),
and that the landscape can be incorporated into the development (e.g., as part of a pool deck or walkways). If that can
be confirmed, we would appreciate it.
Otherwise, we do not object to the changes as proposed.
I hope you all have a happy new year.
Brian
Ll N S
F LO RIDA S i. AW PtR e Olt BUSM9S
Brian M. Seymour I Attorney
Real Property Practice, Co -Chair
Business Litigation Practice
777 South F[ag[er Drive, Suite 500 East
Page 159 of 396
Agenda Item #11 0
West Palm Beach, FL 33401
P 561-650-0621 F 561-655-5677
gunster.com
Find me on : Twitter I Linkedln
Email me: bseymour@gunster.com
From: Keith Davis <keith@davislawteam.com>
Sent: Friday, December 30, 2022 7:12 AM
To: Seymour, Brian <BSeymour@gunster.com>; ron.klein@hklaw.com
Cc: Jeremy Allen <aallen@teguesta.org>; Nilsa Zacarias <nzacarias@teguesta.org>
Subject: Final comments on design guidelines and ordinances 15 and16
Brian & Ron:
Wishing you both a Happy New Year. Looking forward to working with you both next year in a spirit of collaboration and
cooperation.
Please provide me your comments on the design guidelines and the ordinances in a "bullet point" format if possible so
can include them in the agenda item back up for the January 12 Council meeting.
Remember, ordinance 15 will be back for First Reading again fresh, ordinance 16 will be back on Second Reading, and
the design guidelines will be back to show conformance with the ordinances and for the Council to approve the
conforming edits to the document that was approved in December.
Keith W. Davis, Esquire
Attorney
W51M DAVIS
EMASSOCIATES,P.A.
701 Northpoint Parkway, Suite 205
West Palm Beach, Florida 33407
Tel: (561) 586-7116
PREEMINENTpw.��ft 14111hamt Lwn'T2022
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Page 160 of 396
Agenda Item #11.
First Reading January 12, 2023
ORDINANCE NO. 02-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING., ARTICLE I. IN GENERAL.,
SEC. 78-4. DEFINITIONS. TO CREATE A NEW DEFINITION FOR THE
TERM "DESIGN GUIDELINES"; AT ARTICLE VI. SCHEDULE OF
DISTRICT REGULATIONS., SEC. 78-143. SCHEDULE OF SITE
REQUIREMENTS. TO REVISE THE FRONT AND SIDE YARD
SETBACK REQUIREMENTS FOR THE R-3 ZONING DISTRICT; AT
ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS., SEC. 78-175.
R-3 MULTI -FAMILY DWELLING DISTRICT. TO MAKE REFERENCE TO
DESIGN GUIDELINES AS A TOOL FOR COMPLETING
DEVELOPMENT APPLICATIONS FOR PROPERTIES IN THE R-3
ZONING DISTRICT; AND AT ARTICLE IX. SUPPLEMENTAL
REGULATIONS., SEC. 78-289. LOCATION OF ACCESSORY
BUILDINGS. TO PROVIDE ADDITIONAL REGULATIONS FOR
ACCESSORY STRUCTURES AND BUILDINGS EAST OF BEACH
ROAD; AND AT CHAPTER 22. COMMUNITY DEVELOPMENT.,
ARTICLE II. COMMUNITY APPEARANCE. TO AMEND SEC. 22-82.
GENERAL REQUIREMENTS RELATIVE TO SITE PLAN REVIEW. TO
MAKE REFERENCE TO DESIGN GUIDELINES AS A TOOL FOR
COMPLETING DEVELOPMENT APPLICATIONS FOR PROPERTIES IN
THE R-3 ZONING DISTRICT; AND AT CHAPTER 10. ANIMALS.
ARTICLE III. SEA TURTLE PROTECTION., SEC. 10-67. SEA TURTLE
PROTECTION PLAN REQUIRED. TO ADOPT PALM BEACH
COUNTY'S TURTLE PROTECTION REGULATIONS; PROVIDING THAT
EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 10. ANIMALS, AND CHAPTER 22 COMMUNITY
DEVELOPMENT, AND 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, in recent years, the Beach Road Corridor has experienced
redevelopment due to the increasing demands in the real estate market which has
triggered new planning, zoning, design, and environmental challenges; and
WHEREAS, Village Staff developed the Beach Road Corridor Design Guidelines
("Design Guidelines") to help guide desired redevelopment in a direction that maintains
and even enhances Tequesta's small village, pedestrian way of life, as well as its urban
character, and scenic charm throughout the Beach Road corridor; and
1
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Agenda Item #11.
First Reading January 12, 2023
WHEREAS, certain code revisions are also required to update unusable setback
codes, update accessory building codes, update regulations related to sea turtle
protection, and generally reflect the realities of 21 St Century development and re-
development within the R-3 Zoning District; and
WHEREAS, the Village Council desires to reference the Design Guidelines by
ordinance, and adopt the zoning code revisions proposed in this ordinance; and
WHEREAS, Village staff, in preparing this ordinance, and the Village Council, in
adopting this ordinance, have considered and complied with the mandates of the
recently adopted Private Property Rights Element of the Village of Tequesta
Comprehensive Development Plan; and
WHEREAS, the Village Council has determined that the code amendments
contained in this ordinance will be in the best interests of the citizens of the Village of
Tequesta, and will serve to promote the public health, safety and welfare.
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 I. In General. by amending Section 78-4.
Definitions. to add an entirely new definition for the term "Design guidelines"; providing
that Section 78-4 shall hereafter read as follows:
Sec. 78-4. Definitions.
The following words, terms and phrases, when used in this chapter, unless
otherwise specified, shall have the meanings ascribed to them in this section, except
where the context clearly indicates a different meaning. All words used in the present
tense include the future; all words in the singular number include the plural and the
plural the singular. The word "building" includes the word "structure." The word "shall" is
mandatory. The word "person" includes a firm, corporation or municipal corporation as
well as a natural person. The word "map" shall mean the official zoning map of the
village. The term "council" shall mean the Council of the Village of Tequesta and the
word "village" shall mean the Village of Tequesta, a municipal corporation of the State
2
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Agenda Item #11.
First Reading January 12, 2023
of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or
defined by this section shall be used with a meaning of common or standard utilization.
Design Guidelines refers to the Village of Teauesta's architectural and design goals for
the R-3 Zoning District. The Design Guidelines document includes descriptions, and
explains the desired intent of the Village of Teauesta for the overall development and
re -development of the R-3 Zoning District. The Design Guidelines offer examples and
goals for applicants regarding building and landscape architecture, use of open space,
sianage in conformance with Village Code, parking surface and structured in
conformance with Village Code, loading zones in conformance with Village Code, ublic
streetscapes, and building placement, scale/massing, height, and character. The intent
of the Design Guidelines is to assist applicants in meeting Village Code requirements
for building and site aesthetics contained in Chapter 22, Community Development,
Article II. Community Appearance, Sec. 22-82. — General requirements relative to site
plan review. The Design Guidelines are not in and of themselves approval criteria in
any quasi-judicial proceeding.
[All other definitions shall remain the same as previously adopted.]
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article VI. Schedule of District Regulations., Division 1.
Schedule of Site Regulations. by amending Section 78-143. Schedule of site
requirements. to revise the front and side yard setback requirements for the R-3 Zoning
District; providing that Section 78-143 relative to the R-3 Zoning District shall hereafter
read as follows:
Sec. 78-143. - Schedule of site requirements.
3
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Agenda Item #11.
First Reading January 12, 2023
The following schedule establishes the minimum property and building
regulations for development within the villager
SCHEDULE OF SITE REQUIREMENTS
Minimum Setbacks
I
Minimum
Maximum
Front Yard
Side Yard
Rear Yard
Maximum
Minimum
Minimum
District
Lot Width
Lot
Building
Living
Landscaped
Coverage
Height
Area
Open
Requirements
Space
R-3
80 ft.
35%
20 ft. for
�20f+ nil ,s 2 f+
20 ft. plus 2 ft.
11 stories / 101
1,500 sq. ft.
30%
200 ft.3
main
structures or
for eaGh
s nal 10ft..-.
thereof eve �n
h
ft. in oW- I inh�Zj T
the mam-R
for each
additional 10 ft.
or portion
thereof over 50
ft. in height of
the main
building or
ft. measured
from the average
height of the
crest of the sand
dune line, for
main building or
structure east of
for the first 2
bedrooms,
plus 225 sq.
ft. for each
additional
bedroom.
buildings ur)pertmen
40 ft. in
h ei ht;
35 ft. for anv
portion
StFUGtWe.
structure.
Beach Road,
thereof
20 ft. for main
10 ft. for any
and measured
structure or
exceeding
40 ft. in
accessory one-
story building
or structure.
Plus 2 ft. for
each additional
story of the
accessory
building or
stru ctu re.
from grade west
of Beach Road.4
2 stories/20 ft.
for any
accessory
building or
structure.
buildings up
hei
45 ft. for any
to 40 ft. in
hem
25 ft. for anv
portion
thereof
exceeding
80 ft. i n
o
thereof
exceed i n L==40
hei
ft. in height
but less than
0 10 ft. for an
80 feet in
accessory
structure not
exceeding
one story/10portion
ft. in height
used for the
hem
30 ft. for any
thereof
exceeding
ft. in heir
parking of
vehicles only
10 ft. for any
(covered
accessory one -
parking) and
story building
provided that
or structure.
the design of
Plus 2 ft. fnr
the front of the
oath addi+iGRa
covered
Ste.nl of the
parking
structure
includes fully
s ,^+
landscaped
grade and/or
raised
1 Only the schedule for the R-3 Zoning District is amended. The schedule for all other zoning districts remains in
full force and effect as previously adopted.
C!
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Agenda Item #11.
First Reading January 12, 2023
planters that
minima im of
10
IanrJSr+�norJ
the full
f rTrvrTt.age o f the
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article VI. Schedule of District Regulations., Division 2.
Schedule of Use Regulations. by amending Section 78-175. R-3 Multi -family dwelling
district. to reference Design Guidelines for use by applicants when preparing
development or re -development applications for properties in the R-3 Zoning District;
providing that Section 78-175 shall hereafter read as follows:
Sec. 78-175. R-3 multiple -family dwelling district.
(a) Purpose. It is the purpose and intent of the R-3 multiple -family dwelling district
to provide lands within the village for a higher density range of multiple -family
residential uses. In no event shall density exceed 12 dwelling units per gross
acre. This district is further intended for development of concentrated residential
populations and should be applied only within the high density designated areas
as depicted by the comprehensive development plan.
(b) Design Guidelines.
Applications for development and re -development in the R-3 Zoning District shall
utilize the Village's Design Guidelines including the Design Guidelines checklist in
order to achieve compliance with the general requirements relative to site plan
review set forth in Chapter 22, Article II. Sec. 22-82.. The Design Guidelines are
found at Appendix E of the Village Code of Ordinances, and are kept on file with
r-
both the Village Clerk's Office and the Village's Community Development Office.
-Mc�Permitted uses. Permitted uses in the R-3 district are as follows:
(1) Multifamily dwellings.
(2) Places of assembly (750 square feet or less), subject to the following
conditions:
0
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Agenda Item #11.
First Reading January 12, 2023
a. All presentations and events shall be conducted entirely within a building;
b. Allowed accessory uses are: preschool and school facilities; assembly
halls, sanctuaries or similar meeting rooms; community centers or
fellowship halls; administrative offices related to the facility; gift shops for
merchandise related to the facility; playgrounds and athletic fields; and
rectory or similar residence for facility officials or on -site caretakers, limited
to one dwelling unit.
kokMAccessory uses. Accessory uses allowed in the R-3 district are as follows:
Private garages, swimming pools, spas and hot tubs, cabanas and saunas,
greenhouses, tennis courts, clubhouses, private docks, dune crossovers, utility
buildings, gazebos and any other similar uses deemed appropriate by the director
of community development.
04Ue Special exception uses. Special exception uses in the R-3 district are as follows:
(1) Schools and publicly owned and operated community buildings.
(2) Public utility buildings such as water pumping plants and electric substations;
police and fire stations.
(3) Marina facilities.
(4) Community antenna systems.
(5) Parks and recreation facilities owned and operated by the village.
(6) Foster care facilities, as may be required, regulated and licensed by applicable
state statutes and agencies.
(7) Group homes, as may be required, regulated and licensed by applicable state
statutes and agencies.
(8) Places of assembly (765 square feet or more), subject to the following
conditions:
a. All presentations and events shall be conducted entirely within a building.
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Agenda Item #11.
First Reading January 12, 2023
b. Allowed accessory uses are: preschool and school facilities; assembly
halls, sanctuaries or similar meeting rooms; community centers or
fellowship halls; administrative offices related to the facility; gift shops for
merchandise related to the facility; playgrounds and athletic fields; and
rectory or similar residence for facility officials or on -site caretakers, limited
to one dwelling unit.
Wff)Prohibited uses and structures. The following uses and structures are prohibited
in the R-3 district:
Any use or structure not specifically or by reasonable implication permitted in this
section as a permitted use, accessory use or permissible by special exception.
Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article IX. Supplemental Regulations., Division 1.
Generally. by amending Section 78-289. Location of accessory buildings. to provide
additional regulations for accessory structures and buildings east of Beach Road;
providing that Section 78-289 shall hereafter read as follows:
Sec. 78-289. - Location of accessory buildings.
(a) No accessory structure, except as otherwise provided by this chapter, shall be
located in the area between the front setback line of the principal structure and
the street line unless such lot fronts Beach Road.
(b) Where the accessory structure is attached to the principal structure or connected
thereto by a breezeway, the side yard shall be measured from the outer wall
thereof.
Section 5: Chapter 22. Community Development. of the Code of Ordinances
of the Village of Tequesta is hereby amended at Article II. Community Appearance. by
amending Section 22-82. General requirements relative to site plan review. to reference
Design Guidelines for use by applicants when preparing development or re-
development applications for properties in the R-3 Zoning District; providing that Section
22-82 shall hereafter read as follows:
0
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Agenda Item #11.
First Reading January 12, 2023
Sec. 22-82. - General requirements relative to site plan review.
The planning and zoning board or the Village Council, as applicable, shall review, and
recommend or take final action, as applicable, t"o VoliPme Ge �na;l ^r tpkQ find P�.t
,16...If, pursuant to subsection 22-53(a) and (b). In making such review, the planning and
zoning board or the Village Council, as applicable, shall apply the following general
requirements:
The general requirements are minimum aesthetic standards for all site development,
buildings, structures, or alterations within the village except in districts R-1 A and R-1. It
is required that site development, buildings or alterations, with the sole exception of
districts R-1 A and R-1, show proper design concept, express honest design
construction and be appropriate to the surroundings.
(1) Harmony with other buildings. Buildings or structures which are a part of a
present or future group or complex shall have a unity of character and design,
and a relationship of forms, and the use, texture and color of materials shall be
such as to create an harmonious whole. When the area involved forms an
integral part of, is immediately adjacent to or otherwise clearly affects the future
of any established section of the village, the design and location on the site shall
enhance rather than detract from the character, value, and attractiveness of the
surroundings.
(2) Harmony with surroundings. Buildings or structures located along strips of land or
on single sites and not a part of a unified multibuilding complex shall strive to
achieve visual harmony with the surroundings. If they are built in undeveloped
areas, the three primary requirements shall be met: express honest design
construction, show proper design concepts, and be appropriate to the village.
(3) Facades. All facades visible to public or adjacent property shall be designed to
create a harmonious whole. Materials shall express their function clearly and not
appear as a material foreign to the rest of the building.
(4) Methods of harmonious design. It is not to be inferred that buildings must look
alike or be of the same style to be harmonious. Harmony can be achieved
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Agenda Item #11.
First Reading January 12, 2023
through the proper consideration of proportions, site planning, landscaping,
materials and color.
(5) Advertisements on buildings. Buildings which are of symbolic design for reasons
of advertising and are not compatible to the atmosphere of the village shall not
be approved. Symbols attached to the buildings will not be allowed unless they
are secondary in appearance to the building and landscape and are an aesthetic
asset to the project and neighborhood.
(6) Exterior lighting. Exterior lighting may be used to illuminate a building and its
grounds for safety purposes, but in an aesthetic manner. Lighting is not to be
used as a form of advertising in a manner that is not compatible to the
neighborhood or in a manner such that it draws considerably more attention to
the building grounds at night than in the day. Lighting following the form of the
building or part of the building will not be allowed. All fixtures used in exterior
lighting are to be selected not only for functional value, but for aesthetic value.
(7) Inappropriate building styles. Buildings of a style or style type foreign to South
Florida and/or its climate will not be allowed. It is also to be understood that
buildings, even though they have a historical significance to South Florida, that
do not conform to the existing or to the evolving atmosphere of the village will not
be approved.
(8) Garish design. Building surfaces, walls and roofs that are considered garish by
the board will be denied approval.
(9) Takeout and pickup windows. Takeout or pickup windows of retail or wholesale
establishments shall not be located on a building facade that faces a public right-
of-way, unless they are designed in such a manner as to be an aesthetic asset to
the building and neighborhood.
(10) Exterior forms. All exterior forms, attached or not attached to buildings, shall be
in conformity to and secondary to the building. They shall be an asset both to the
aesthetics of the site and to the neighborhood.
(11) Telephones, vending machines, and facilities dispensing merchandise or
services. All telephones on private property, vending machines, or any facility
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Agenda Item #11.
First Reading January 12, 2023
dispensing merchandise or a service shall be confined to a space built into the
building or enclosed in a separate structure compatible with the main building.
(12) Advertisements on amenities. No advertising will be allowed on any exposed
amenity or facility such as benches and trash containers.
(13) Use of symbolic colors; exterior storage and display of merchandise. The
following are added criteria that pertain to but are not limited to gasoline stations.
Symbolic colors of the exterior facades or roofs may not be used unless they are
harmonious with the atmosphere of the neighborhood. For example, royal blue,
which symbolizes a brand of gasoline and other establishments, would not be
acceptable in most cases. Exterior display of goods for sale or those designating
a service will not be allowed, except that a gasoline station's display of goods
and tools of a service may be displayed on the pump island, provided that the
island is not considered by the board to be enlarged to take advantage of this
provision, and provided that the goods and tools be such that they can be used
or installed at the island. For example, an oil rack is acceptable, but a tire display
is not. Areas used to store materials such as mufflers, tires, packing crates or
cases, refuse and garbage shall be screened from adjacent property and from
the public view.
(14) Applications for develoament and re -development in the R-3 Zoning District
shall utilize the Village's Design Guidelines including the Design Guidelines
checklist in order to achieve compliance with the general requirements relative to
r-
site plan review set forth in this section. The Design Guidelines are found at
Appendix E of the Village Code of Ordinances, and are kept on file with both the
Village Clerk's Office and the Village's Community Development Office.
Section 6: Chapter 10. Animals. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article III. Sea Turtle Protection. by amending Section
10-67. Sea turtle protection plan required. to adopt Palm Beach County's turtle
protection regulations; providing that Section 10-67 shall hereafter read as follows:
Sec. 10-67. - Sea turtle protection plan required.
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Agenda Item #11.
First Reading January 12, 2023
A sea turtle protection plan shall be required for the following activities and shall
include any and all protective/mitigative measures that will be implemented in
conjunction with these activities:
(1) All coastal construction within jurisdictional boundaries involving the installation
of permanently mounted light fixtures.
(2) All coastal construction conducted during the nesting season (March 1 through
October 31), seaward of the dune, within jurisdictional boundaries, including
site development and mechanical beach cleaning.
(3) The Village adheres to the County's turtle protection regulations as specified in
article 14, chapter A of Palm Beach County's Unified Land Development Code.
No building permit or certificate of occupancy shall be issued until all
requirements of the county's turtle protection regulations have been met.
Section 7: Each and every other Section and Subsection of Chapter 10.
Animals., Chapter 22. Community Appearance. And Chapter 78. Zoning. shall remain in
full force and effect as previously adopted.
Section 8: All ordinances or parts of ordinances in conflict be and the same
are hereby repealed.
Section 9: 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 10: Specific authority is hereby granted to codify this Ordinance.
Section 11: This Ordinance shall take effect immediately upon adoption.
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