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HomeMy WebLinkAboutOrdinance_16-22_1/12/2023ORDINANCE 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; and 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, revise the foundation planting requirements around buildings, revise the landscape buffer 1 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. [Subsections (b) — (c) left in full force and effect as previously adopted.] i7 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, th;ee 'RG"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 arowth 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 teFebiRthifGIiUS 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). 3 (6) Ardisia solonacea (commonly known as Shoebutton Ardisia). (7) Colubrina asiatica (commonly known as LeatheF Leaf -Lather Leaf). (8) Dioscorea bulbifera (commonly known as Air Potato). (9) Fiscus altissima (commonly known as Lofty Fig). (10) Fiscus beRgalen6is b f n algnsis (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 Small Leaved Old World Climbing Fern). (14) Mimosa pigra (commonly known as Cat's Claw). (15) Rhodomyrtus tomentosa (commonly known as Downy Rose Myrtle). (16) Bischofia javanica (commonly known as BisehGfia-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 {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% native trees be planted, and require one shrub per 500 square feet of site area with 50% 4 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. AA) All single-family kAs-and 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 within the 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. lndsEape GGRGept asmet fvrth icT� R the —South Florida \/VateF MaRagernent DistriGt VVateFwase Guide, as amended, with a MiRiMUM of 50 peFGeRt native IandSGaping required, by submitting IandSGaPiRg and irrigation plans to the ae•q aFtM p�fremmnity development fer r e'vie�anr'�CtQtFen fer 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 E)f the existing development prier to the start of nnnstrUGtien 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 4,2-16 feet Gf Glear trurrk 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 5 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 proposed for new develepMeRt,---GF rcaeolG.lepmeR , Fennvatinn or medif Gatinn in ovnocc of 50 nornon+ of the vale io of the eXiStiRg development Start of nnnc+rUG within the village shall plant at least one shrub per 1,000 500 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 residential properties, and revise the wall, hedge and landscape buffer requirements for all [el 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. (B) For all multifamily, mixed -use, and commercial land uses a landscape buffer shall be required to be a minimum of 15 feet from any public 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 property's total rear lot line The 5-foot landscape buffer shall be taken from the back side of the 7 bulkhead/seawall/riprap of all waterway properties, and from the back (west) side of the dune Commercial land uses adiacent 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 guideline only. WALL / REST ® REQUIRED PERIMETER LANDSCAPING OR 5' 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 +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 0 tree required under this section. Palm trees shall be planted with a minimum of 42-16 feet height of rU'o-ar +r„ 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. 39 O.C. MAX _Z 2 io 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. X Principal structures shall have a minimum landscape strip at least four feet in width except 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 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: 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. 10 ORDINANCE Date 16-22 1-12-2023 Upon Second Reading Motion Council Member Frank D'Ambra Second Vice -Mayor Kyle Stone FOR AGAINST ABSENT CONFLICT Mayor Molly Young 0 ® © 0 Vice -Mayor Kyle Stone ❑x ® © 0 Council Member Laurie Brandon Z r7 0 Council Member Frank D'Ambra,lll El Council Seat 5 - Vacant 0 ® F The Mayor thereupon declared the Ordinance duly passed and adopted. MAYOR OF TEQUESTA: �:2 Molly Young` \,Q,GOSE RPogq G ATTEST: ; INCORPO A ED :: Lori McWilliams, MMC Village Clerk