HomeMy WebLinkAboutDocumentation_Regular_Tab 12_2/9/2023Agenda Item #12.
Regular Council
STAFF MEMO
Meeting:
Staff Contact
Regular Council - Feb 09 2023
Nilsa Zacarias, Director of
Community Development
AL
Department: Community Development
ORDINANCE NO. 02-23, SECOND 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; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
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 which was previously heard and discussed at the December 8th and January 9th
Village Council Meetings.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
PROJECT NAME: N/A BUDGET: N/A ENCUMBERED: N/A
Proposed: Projected Remaining:
N/A N/A
Page 135 of 1094
Agenda Item #12.
Ord. 02-23 Design Guidelines Ordinance February 9 2023 2nd reading
Page 136 of 1094
Agenda Item #12.
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; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF 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
WHEREAS, certain code revisions are also required to update unusable setback
codes, update accessory building codes, update regulations related to sea turtle
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Agenda Item #12.
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
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
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Page 138 of 1094
Agenda Item #12.
"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,
signage in conformance with Village Code. parking (surface and structuredL in
conformance with Village Code, loading zones in conformance with Village Code, public
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 g�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.
The following schedule establishes the minimum property and building
regulations for development within the village:'
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.
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Agenda Item #12.
SCHEDULE OF SITE REQUIREMENTS
Minimum Setbacks
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
20 ft. plus 2 Wit.
20 ft. plus 2 ft.
11 stories / 101
1,500 sq. ft.
30%
200 ft.3
main
structures or
for eaEh
2dd0t0 ni In f+,n f+
er pertien
+hpronf .,or �n
f+ ;
height
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 uD
to 40 ft. in
height;
35 ft. for any
n of
thp rn;;;n
b6lildiRg er
p
S+FWGt„rn
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
structure.
from grade west
of Beach Road.4
2 stories/20 ft.
for any
accessory
building or
structure.
buildings uD
height:
45 ft. for any
to 40 ft. in
height'
25 ft. for an
oD rtion
thereof
exceeding
80 ft. in
o
thereof
exceeding 40
height,
ft, in height
but less than
0 10 ft. for an
80 feet in
height:
32 ft. for any
accessory
structure not
exceeding
one story/10
ft. in height
oD rtion
thereof
used for the
exceeding 80
ft. in height.
parking of
vehicles only
10 ft. for any
(covered
accessory one -
parking) and
story building
provided that
or structure.
the design of
p',,�f+ ffn�
the front of the
eaGh additional
story of the
covered
parking
assesser
structure
1361ildiRg er
includes fully
GtF61Gt„rn
landscaped
grade and/or
raised
planters that
provide a
minims im of
B#
landSGaped
Page 140 of 1094
Agenda Item #12.
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 aeneral requirements relative to site plan
review set forth in Chapter 22, Article II. Sec. 22-82. The Design Guidelines are not
in and of themselves approval criteria in any quasi-judicial proceeding. 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.
4-b-) cLPermitted 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:
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Agenda Item #12.
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.
kc4fW Accessory 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.
AUee 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 #12.
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:
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Agenda Item #12.
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. +ttheZ,il�e GeunGil „r take final aGtien
4&elf, pursuant to subsection 22-53(a) and (b). In making such review, the planning and
zoning board or the Village Council, as applicableshall 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-1A and R-1. It
is required that site development, buildings or alterations, with the sole exception of
districts R-1A 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 #12.
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 #12.
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 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 this section. The Design Guidelines are not in and of
themselves approval criteria in any quasi-judicial proceeding. The Design
Guidelines are found at Appendix E of the Village Code of Ordinancesand are
kept on file with both the Village Clerk's Office and the Village's Community
Development Office.
Section 6: RESERVED.
ito]
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Agenda Item #12.
Section 7: Each and every other Section and Subsection of 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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