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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_3/9/2023Agenda Item #11. Regular Council STAFF MEMO Meeting: Regular Council - Mar 09 2023 Staff Contact: Nilsa Zacarias, Director of Community Development AL Department: Community Development ORDINANCE 03-23, FIRST READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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. ORDINANCE NO. 03-23 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. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN CERTAIN CIRCUMSTANCES; 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. 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: BUDGET: N/A ENCUMBERED: N/A Proposed: Projected Remaining: N/A N/A 2-8-23 Ord. 03-23 Walls and Fences Ordinance VC 1st Reading Fence Memo w Map for First Reading Updated Page 174 of 221 Agenda Item #11. ORDINANCE NO. 03-23 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. 78-284. WALLS AND FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT BUILDING LINE IN RESIDENTIAL DISTRICTS ZONING UNDER CERTAIN CIRCUMSTANCES; 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 walls and fences within the Village; and WHEREAS, since 2016, several variance applications have been processed by the Village for properties within the Village with deeper lots with longer side lengths than regular residential lots; and WHEREAS, because of the location of the structures to the rear of the properties on these deeper lots, the rear yards are compressed and the front yard functions as the "backyard"; and WHEREAS, in response, the Planning & Zoning Board recommended that Staff initiate a code amendment to address wall and fence placement for the deeper lots within the Village; 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 1 Page 175 of 221 Agenda Item #11. Section 78-284. Walls and fences. to allow walls and fences to be located forward of the front building line in certain circumstances; providing that Section 78-284. shall hereafter read as follows: Sec. 78-284. — Walls and fences. (a) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel (see Fig. A), except for lots or parcels located along and fronting upon County Club Drive, where walls not exceeding five feet in height may be located forward of the front building line and lots or parcels meeting the dimensional requirements of subpart b below. Commercial property abutting a residential property shall comply with section 78-403 regarding walls and fences. b) Walls and fences not exceeding six feet in height may be located forward of the front building line on lots or parcels within the R-1. R-1A, R-2. R-3, and in the residential areas within a mixed use development located in the MU zoning district having a side lot line greater than or equal to 250 feet and a front building line greater than or equal to 50 feet from the property line. See Fig. C) Provided that such walls and fences are: (1) Setback a minimum of 15 feet from the street fronting property line; (2) Adequately screened with landscaping along the street facing side, (3) Designed and constructed to be harmonious with the overall area and adjacent uses: and 4) Approved by the Planning and Zoning Board in accordance with Sec. 22-53. M gLlf a wall or fence is erected or located on a corner lot (in which case the building front shall be considered to be the side of the building facing the right-of- way associated with the property's street address), a vehicular and pedestrian visibility triangle (see section 78-303) shall be maintained for 25 feet in both directions from the point of intersecting lot lines. The maximum height of any wall Pa Page 176 of 221 Agenda Item #11. or fence within the visibility triangle, including those on Country Club Drive, shall be two and one-half feet (see Fig. B). } dFences and walls for the screening of boats, trailers, recreational vehicles and the like on property in the R-1A, and R-1 zoning districts shall also comply with the requirements of chapter 46, article III, division 2. 04 eLEntry features consisting of masonry columns not exceeding six feet in height, with or without gates, are not deemed to be walls or fences and are specifically allowed in the R-1A and R-1 zoning districts and in the residential areas within a mixed use development located in the MU zoning district. Such entry features must be compatible with the architecture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall not be located in the village right-of-way. Gates, if any, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning board in accordance with these regulations is required prior to the commencement of construction. [Figures A and B left in full force and effect as previously adopted.] Fiaure C 3 Page 177 of 221 Agenda Item #11. Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall take effect immediately upon passage. C! Page 178 of 221 Agenda Item #11. VILLAGE OF TEQUESTA To: Mayor Molly Young and Village Council From: Nilsa Zacarias, AICP, Community Development Director Date: March 9, 2023 Ref.: Ordinance 03-23 — Location of Walls and Fences Since 2016, the Village of Tequesta Planning and Zoning Board (P&Z) has heard four (4) variance applications for fences to be located in the front yard. Three (3) of the four (4) fence applications were approved by the Board including properties with longer side lengths than the regular lot size. The P&Z Board recommended that staff consider reviewing the code to be amended for lots that are longer than the regular ones. Please see the below table (Table 1) that provides the address, variance application number, length of the lot, and front building line in feet. Table 1. Fence Variance Applications 2016 — 2021 VAR 19-04 370 Riverside Drive 333.30 88.8 Approved 10/17/2019 VAR 20-02 18996 Point Drive 340.67 164.8 Approved 5/21/2020 VAR 20-06 323 Leigh Road 100.00 23.9 Denied 11/19/2020 VAR 21-04 366 Riverside Drive 379.47 195.8 Approved 12/16/2021 'Longest lot line Currently, Per Village Code Section 78-284 (a), "Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel (see Fig. A)" 1 Page 179 of 221 Agenda Item #11. Figure A Paemt,.1 Budding Rad.,nW B.We q L -14 - R-©-W with or without sidewalk Since most of the lots that front the water have longer side lot lengths, see the enclosed map indicating the subject length, where the proposed code amendment would apply. Staff recommends code text amendment for lots having a side lot line greater than or equal to 250 feet and a front building line greater than or equal to 50 feet from the property line. The subject Ordinance was heard by the Local Planning Agency (LPA) at the February 16, 2023 meeting. The Board recommended the following additions to the Ordinance: • Setback a minimum of 15 feet from the street fronting property line; • adequately screened with landscaping along the street facing side; • designed and constructed to be harmonious with the overall area and adjacent uses; and • approved by the Planning and Zoning Board in accordance with Sec. 22-53. Staff revised the Ordinance to include the recommendations from the LPA Board. The proposed language is based on the length of the lot, the location of the dwelling unit, and the subject recommendations: b) Walls and fences not exceeding six feet in height may be located forward of the front building line on lots or parcels within the R-1, R-1A, R-2, R-3, and in the residential areas within a mixed use Page 180 of 221 Agenda Item #11. development located in the MU zoning district having a side lot line greater than or equal to 250 feet and a front building line greater than or equal to 50 feet from the property line. (See Fig. C) Provided that such walls and fences are: 1) Setback a minimum of 15 feet from the street fronting property line: 2) Adequately screened with landscaping along the street facing side: 3) Designed and constructed to be harmonious with the overall area and adjacent uses: and 4) Approved by the Planning and Zoning Board in accordance with Sec. 22-53. The proposed Zoning Code text amendment process is as follows: 1. Local Planning Agency (LPA) — February 16, 2023 2. Village Council First Reading— March 9, 2023 3. Village Council Second Reading —April 13, 2023 Enclosed: 1. Zoning Map with the length of lots 2. Proposed Code Text Amendment Page 181 of 221 Age i #, WY RETEMTIQI - eJ_rK rJ 155 n v E1+ 39 ]Ai 134 � ■ i i 0% • • 58' * „ Bu[1R�r Evrt"� p iem 74' 285' '. 0, 287' >F JAZ i 9 iw vy # 314' 1C ;43 R VER -INE e7 M ■ 389C7 `D WAY 96 as 0 613' Residential Common Area 171' �a 340' 351' u a Q � 322' 322' y - ' 305 _ I y 294' 305' 1 325' �3 •4. 437' 14 i , �� NICOLE W 437 16 0 ■ 41 5� 54? LJ a _ f ■' ■ - - 397' 17 # !' 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