HomeMy WebLinkAboutDocumentation_Regular_Tab 4A_5/10/1990 -- - jtvg
AtiLkt- _ VILLAGE OF TEQUESTA
� .•• ' Post Office Box 3273 • 357 Tequesta Drive
' '" y Tequesta, Florida 33469-0273 • (407) 575-6200
�'�� FAX: (407) 575-6203
MEMORANDUM:
TO: Village Council
FROM: Thomas G. Bradford, Village Manager
DATE: May 3, 1990
SUBJECT: Public Hearing; Ordinance No. 401; Agenda Item IV, A
Ordinance No. 401 is a continuation of the proposed
ordinances that will constitute the Land Development Regulations
of the Village. This ordinance primarily deals with mandating
concurrency requirements with adopted levels of service (LOS )
within the applicable areas of the Zoning Ordinance and also
includes some minor housekeeping items needed within the Zoning
Ordinance.
Mr. Ladd has been administering the Land Development
Regulations and can provide you with a proper overview of the
ordinance contents along with the Village Attorney.
TGB/jmm
j?iA
ORDINANCE NO. 401
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING
ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION
IV, DEFINITIONS; BY AMENDING SECTION V, ESTABLISHMENT
OF DISTRICTS AND OFFICIAL ZONING MAP; BY AMENDING
SECTION VIII, OFF-STREET PARKING AND LOADING
REGULATIONS; BY AMENDING SECTION IX, PLANNED
RESIDENTIAL DEVELOPMENTS; BY AMENDING SECTION IX-A,
PLANNED COMMERCIAL DEVELOPMENTS; BY AMENDING SECTION
X, SUPPLEMENTAL REGULATIONS, SUBSECTIONS ( F) , ( H) AND
( M) ; BY AMENDING SECTION XV, FLOOD HAZARD AREAS,
SUBSECTIONS ( E) AND ( J) ; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Section IV, Subsection ( B) , Definitions, of
the official Zoning Ordinance of the Village of Tequesta,
Ordinance No. 355, as amended, is hereby amended by adding new
definitions as follows:
i
( 90) Day Care Fac_ilit.y._ Facilities for up to five ( 5)
persons and located within single family residential
districts as required by State Statute.
( 136) Foster Care .Facility. A licensed; i. e. , by the
Florida Department of Health & Rehabilitative
Services, residential unit, otherwise meeting the
requirements of Ordinance No. 355, as amended, where
a family living environment is provided for
individuals unrelated by blood or legally to the
householder. The total number of residents within
the facility, including permanent occupants and
foster care occupants, shall not exceed 1. 01 persons
per room, excluding bathrooms, kitchens and utility
rooms.
( 155) Group __Homes. A dwelling unit licensed by the Florida
Department of Health & Rehabilitative Services which
provides a living environment for six ( 6) or fewer
residents, which may be unrelated, who function as a
family living unit, including such supervision and .
• care with supportive staff necessary to meet
physical, emotional and social needs of the
residents.
( 162) Housing_ Conditions: Include conditions as follows:
a. Standard Condition._ A residential structure
meeting all minimum standards for basic equipment
and facilities as set forth in the Standard
Housing Code, latest adopted edition.
b. Substandard Condition. A residential structure
which does "not" meet all minimum standards for
basic equipment and facilities as set forth in
the Standard Housing Code, latest adopted
edition, and where the costs of rehabilitation,
renovation or code compliance are valued at less
than fifty percent, ( 5O%) , of the assessed value
of the structure.
1
c. In Need of Replacement. A residential structure
which does "not" meet all minimum standards for
basic equipment and facilities as set forth in
the Standard Housing Code, latest adopted
edition, and where the costs of rehabilitation,
renovation or code compliance are valued at
greater than fifty percent, ( 50%) , of the
assessed value of the structure.
( 163) Housing Official . See definition number ( 49),
Building Official.
( 264) Redevelopment, Major. Alteration, extension, en-
largement or renovation of fifty percent ( 50%) or
more of an existing development or project.
( 265) Redevelopment, Minor. Alteration, extension, en-
largement or renovation of less than fifty percent
( 50%) of an existing development or project.
Section 2. Section V, Establishment of Districts and
Official Zoning Map of the official Zoning Ordinance of the
Village of Tequesta, Ordinance No. 355, as amended, is hereby
amended by adding new Subsection ( F) , as follows:
( F) It is the intent of the Village of Tequesta to
require consistency between the official Zoning Map
and the existing and future land use maps of the
Village of Tequesta.
Section 3. Section VIII, Off-Street Parking and Loading
Regulations of the official Zoning Ordinance of the Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended by
amending Subsection ( B)( 1) ; by amending Subsection ( D) by
adding a new Paragraph ( 3) ; by amending Subsection ( E) ( 1) ; by
adding new Subsections ( F) and ( G) , changing existing
Subsection ( F) to ( H) , and amending Subsection ( H) to include
new parking space requirement number ( 12) , Hotel, and by
renumbering all subsequent parking space requirement
definitions as follows:
( B) Screening
( 1) All off-street parking areas shall be screened in
accordance with Section X ( H) Landscaping:
General Requirements.
( D) Marking and Lighting
( 1) "No Changes"
( 2) "No Changes"
( 3) Parking facilities shall be provided with
appropriate site lighting.
( E) Parking and Loading Design Standards
( 1) Parking facilities shall be landscaped in
accordance with Section X ( H) Landscaping:
General Requirements.
( F) Parking Access and Driveways.
page 2
( 1) Each parking stall shall have appropriate access
to a street or alley and maneuvering and access
aisle areas shall be sufficient to permit
vehicles to enter and leave the parking area in a
forward motion, with the exception of single
family and duplex areas. Driveways shall be
paved and meet the requirements outlined below
unless very high volumes or other special
circumstances warrant variation by the Village
consulting engineer.
Access Dimension Guidelines:
Dimension at Street: ( Width in feet *)
Minimum ( one-way) 15
Minimum ( two-way) 25
Maximum 35
Right turn radius ( in feet **)
Minimum 10
Maximum 30
* Measured along right-of-way line at inner
limit of curbed radius sweep or between radius
and near edge of curbed island at least fifty
( 50) square feet in area. The minimum width
applies principally to one-way driveways.
** On side of driveway exposed to entry or exit
by right-turning vehicles.
( G) Access to Rights of Way.
( 1) Intent. It is the intent of this section to
provide control of access to streets in order to
facilitate safe and efficient movements of
traffic while affording reasonable access to
abutting properties.
( 2) Access Driveways. Access driveways shall be
permitted by the Village of Tequesta in
accordance with the following guidelines:
1. Corner Lots.
a. Along local streets, access driveways to
corner lots shall be located a minimum of
thirty-five ( 35) feet from the inter-
section of the projection of rights-of-
way lines, to centerline of driveway,
except as provided hereinafter.
b. Along arterial and collector streets,
access driveways to corner lots shall be
located a minimum of fifty ( 50) feet from
the intersection of the projection of
right-of-way lines to centerline of drive-
way except as provided for hereinafter.
2. Interior Lots.
a. Except in townhouse clusters and planned
unit developments, access driveways along
local streets at interior locations shall
be permitted not closer than four ( 4)
feet from a side or rear property line to
edge of driveway. ' There shall be no more
than two ( 2) driveways per lot.
page 3
II
II
I i
b. Along arterial and collector streets, the
first access driveway for interior lots
shall be located a minimum of one hundred
fifty ( 150) feet from the intersection of
the projection of rights-of-way lines to
the centerline of driveway. Thereafter,
access driveways shall be spaced a
minimum of one hundred ( 100) feet apart.
( 3 ) Construction. Access driveways which intersect
or abut rights-of-way under the control or
jurisdiction of the Village of Tequesta shall be
constructed in accordance with the construction
standards and details as available from the
Village of Tequesta Building Department and
Public Works Department .
( H) Off-Street Parking Space Requirements.
( 1) through ( 11) "No Changes"
( 12 ) Hotel : One ( 1) space for each room or suite and
one ( 1) space for each employee on shift of
greatest employment. ( See ( 2) , Auditorium, etc.
for conference facilities, and see ( 25) ,
Restaurants, standard, for those accessory use
parking space requirements.
Change existing ( 12) to ( 13 ) and renumber subsequent
numbers accordingly.
Section 4. Section IX, Planned Residential Developments
( PRD) of the official Zoning Ordinance of the Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended by
adding new paragraph ( k) to subsection ( E)( 1) , as follows:
( k) Required Public Facilities and Services. No
building permits or development orders shall be
issued unless public facilities and services,
which meet or exceed the adopted Level-of-Service
standards are available concurrent with the
development impacts. Compliance with this
requirement may be accomplished through one or
more or a combination of the following processes:
1. Install all required public facilities/
infrastructure/services prior to or
concurrent with the development impacts.
2. Phasing of all required public facilities/
infrastructure/services:
a. By local government ( Capital Improvements
Element)
b. By the developer ( Development Agreements)
3. Phasing of the development.
Section 5. Section IX-A, Planned Commercial Developments
( PCD) of the official Zoning Ordinance of the Village of
Tequesta, Ordinance No. 355, as amended, is hereby amended by
adding new paragraph ( n) to subsection ( E) ( 1) , and by amending
subsection ( F) ( 4) , paragraph ( b) , as follows:
page 4
I .
( n) Required Public Facilities and Services. No
building permits or development orders shall be
issued unless public facilities and services,
which meet or exceed the adopted Level-of-Service
standards are available concurrent with the
development impacts. Compliance with this
requirement may be accomplished through one or
more or a combination of the following processes:
1. Install all required public facilities/
infrastructure/services prior to or
concurrent with the development impacts.
2. Phasing of all required public facilities/
infrastructure/services:
a. By local government ( Capital Improvements
Element )
b. By the developer ( Development Agreements)
3. Phasing of the development.
( F) ( 4) ( b) Delete existing paragraph ( b) and rewrite as follows:
( b) Enclosed Uses. All commercial uses shall be
operated entirely within enclosed buildings
except for the following uses: sidewalk cafes,
and drive-in, drive-through, or walk-up service
window facilities; i. e. , laundry, dry cleaning,
and banking facilities .
Section 6. Section X, Supplemental Regulations of the
official Zoning Ordinance of the Village of Tequesta, Ordinance
No. 355, as amended, is hereby amended by amending Subsection
( A) , Paragraph ( 1) ( c) & ( e) ; by amending Subsection ( C) ,
Paragraph ( 1) ; by amending Subsection ( F) , Paragraph ( 1) , and
by amending Subsection ( M) , Paragraphs ( 1) and ( 2) , as follows:
( A)( 1) ( c) Delete existing paragraph ( c) and rewrite as
follows:
( c) Walls and fences may be erected or maintained
within or adjacent to a property line to a height
not exceeding six ( 6) feet. No wall or fence
shall be permitted to extend forward of the front
building line on any lot or parcel . However, in
the event that a wall , fence, or hedge is erected
or located on a corner lot or a double frontage
lot, a vehicular and pedestrian visibility
triangle of a size and dimension which complies
with the current traffic engineering standards of
the American Association of State Highway and
Transportation Officials ( AASHTO) , and Palm Beach
County shall be provided for in both directions
from the intersection corner point of property
lines. The maximum height of any wall, fence, or
hedge within said visibility triangle shall be
two and one-half ( 2 1/2) feet. •
( A) ( 1)( e) Delete existing paragraph ( e) and rewrite as
follows:
page 5
( e) Stands or open counters for the serving of food
or beverages or other commercial purposes may be
erected or permitted in landscaped public park
areas after approval by the Village Council .
Such stands or open counters may be used by non-
profit organizations for special events for which
a permit has been issued.
( C) ( 1) Delete existing paragraph ( 1) and rewrite as
follows:
( 1) All commercial uses shall be operated entirely
within enclosed buildings except for the
following uses: off street loading, automobile
parking, and the fuel sales and dispensing
facilities of full service fuel stations or gas
stations, sidewalk cafes, drive-in, drive-
through, or walk-up service window facilities,
i. e. , laundry, dry cleaning, and banking
facilities;
( F)( 1) Delete existing paragraph ( 1) and rewrite as
follows:
( 1) No full service fuel station or gas station shall
be erected within the Village of Tequesta, unless
the same is located fronting along U. S. Hwy. One
in the C-2 Zoning District or is located within
the C-3 Zoning District.
( M) ( 1) Delete existing paragraph ( 1) and rewrite as
follows:
( 1) Site Plan Review. By the terms of this
Ordinance, all permitted uses, except within R-
1A and R-1 Zoning Districts, and all special
exception uses, including PRD' s and PCD' s, and
all subdivisions, development, redevelopment and
construction or uses lying partially or entirely
within special flood hazard and coastal high
hazard areas shall :
( M) ( 1) amend by adding new paragraphs ( f ) through ( r) as
follows:
( f) Required Public Facilities and Services. No
building permits or development orders shall be
issued unless public facilities and services,
which meet or exceed the adopted Level-of-Service
standards are available concurrent with the
• development impacts. Compliance with this
requirement may be accomplished through one or
more or a combination of the following processes:
1. Install all required public facilities/
infrastructure/services prior to or
concurrent with the development impacts.
2. Phasing of all required public facilities/
infrastructure/services:
a. By local government( Capital Improvements
Element)
b. By the developer ( Development Agreements)
3. Phasing of the development.
page 6
( g) Coordinate all proposed development and or
redevelopment with and/or obtain approvals and/or
permits from the following agencies:
1. Palm Beach County Health Department
2. Palm Beach County Fire/Rescue ( Fire Marshal )
3. Loxahatchee River Environmental Control
District ( ENCON)
4. Dept. of Environmental Resources Management
( DERM)
5. South Florida Water Management District
( SFWMD)
6. Florida Department of Transportation ( FDOT)
7. West Palm Beach Urban Area Transportation
Study ( WPBUATS)
8. Metropolitan Planning Organization of Palm
Beach County ( MPO)
9. Palm Beach County Traffic Engineering
Division
10. Martin County Metropolitan Planning
Organization
11. Martin County Traffic Engineering Department
12. Florida Power & Light Company
13. Southern Bell Telephone Company
14. Solid Waste Purveyor
15. Tequesta Water Department
16. Other Municipal, County, State and/or Federal
agencies as may be applicable.
Evidence of final acceptance by the above listed
agencies of the development or redevelopment
project must be submitted to the Village of
Tequesta prior to the issuance of Certificates of
Occupancy or of final acceptance by the Village.
( h) All new development and/or redevelopment must
provide the necessary infrastructure to meet the
following Level-of-Service standards. Each
application submitted pursuant to this subsection
shall be required to provide a certification from
a licensed engineer in the State of Florida that
the proposed development and/or redevelopment
meets or exceeds the Level-of-Service standards
for the listed infrastructure as follows:
1. Traffic:
( LOS) ( LOS)
Roadway Type Standard Peak
Collector C D
Urban minor arterials C D
Principal arterials C D
2. Sanitary Sewer:
Maximum Monthly Maximum
Category Daily Flow ( MMDF) Daily Flow ( MDF)
Residential 73. 1 gallons/ 78. 8 gallons/
capita/day capita/day
Non-Residential 431 gallons/ 464. 9 gallons/
acre/day acre/day
3. Drainage: Public drainage facilities Level of
Service standard of a three ( 3) year frequency,
twenty-four ( 24) hour duration storm event is
hereby adopted, and shall be used as the basis of
estimating the availability of capacity and
demand generated by a proposed development
project. As a general drainage requirement, each
proposed project and/or site must maintain 95% of
all storm water runoff on site.
page 7
4. Potable Water: The following potable water Level
of Service standards are hereby adopted and shall
be used as the basis for estimating the
availability of facility capacity and demand
generated by a proposed development project:
Average Day Water Consumption Rate
Residential 236 gallons/capita/day
Non-Residential None. Established/LOS Standard
shall be established by 1991.
Maximum Day Water Consumption
Residential 354 gallons/capita/day
Non-Residential None. Established/LOS Standard
shall be established by 1991.
5. Recreation: Level-of-Service Standards Table
Classification Area/Activity Standard ( unit /population)
Neighborhood Parks 2 acres/ 1, 000
Community Parks 2 acres/ 1, 000
Beaches 1 mile/31, 250
Golf Courses 9 holes/30, 000
Tennis 1 court/2, 500
Basketball 1 court/2, 500
Baseball /Softball 1 field/7, 200
Football /Soccer 1 field/4, 800
Playground Areas 1 acre/3,600
Beach Access Easements 1 per 1/2 mile of
developed or redevedoped
beach frontage
( i) Meet the requirements of the "Year 2000 Cost
Feasible Transportation Plan" ( WPBUATS) .
( j) Provide for the reservation and preservation of
existing and future rights-of-way as may be
determined by the Village of Tequesta and in
conformance with the Palm Beach County and
Village of Tequesta Right-Of-Way Protection Plan.
( k) Require site plans which incorporate innovative
urban, architectural, and/or engineering design
of impervious areas ( e. g. parking lots) to
maximize the retention of rainfall to these areas
which will increase the recharge of ground water
while reducing storm water run-off.
( 1 ) Require all new developments to limit post-
development surface water run-off rates and
volumes to pre-development conditions.
( m) All proposed new development and major
redevelopment within the Coastal Building Zone of
the Village of Tequesta must provide for the
dedication of public access easements, meeting
the adopted Level-of-Service standards.
( n) All proposed new development and major
redevelopment as part of the site plan review and
subdivision review process shall submit a
drainage/environmental statement describing how
the proposed development will affect the
page 8
estuarine water quality of the class III waters
of the Village of Tequesta, and also an
environmental impact assessment study prepared by
a qualified ecologist or other professional
qualified to do such an assessment. The study
shall meet the requirements of the
"Environmentally Sensitive Lands" Ordinance of
the Village.
( o) New development and redevelopment shall not be
permitted within the Coastal High Hazard Area of
the Village as defined in the Zoning Code at
Section XV ( J)( 1) , and there shall be no
expenditure of public funds for infrastructure
and/or facilities within the Coastal High Hazard
Area.
( p) Require notification of neighboring jurisdictions
of any external impacts that a proposed project
might have within those jurisdictions and assess
and mitigate those impacts.
( q) Determination of needed public facility
improvements shall be made during the site plan
and/or subdivision review process and prior to
the issuance of a development order and building
permit .
( r) Storm water management facilities including
curbs, gutters, piping, culverts, ditches, etc.
shall k)e provided based on engineering
calculations and design standards to ensure that
all drainage improvements are in conformance with
the Village "Storm water Management" Ordinance.
( M)( 2) Amend paragraph ( 2) by adding new sentence to end
of paragraph as follows:
See subsection ( M) ( 1) , paragraph ( g) preceding
for a list of possible pre-application meeting
attendees. Applicant is responsible for properly
notifying the various affected agencies in the
list of the time, place and subject of the pre-
application meeting.
Section 7. Section XV, Flood Hazard Areas of the official
Zoning Ordinance of the Village of Tequesta, Ordinance No. 355,
as amended, is hereby amended by amending Subsection ( E)( 1) ,
Paragraph ( h) and Subsection ( J)( 2) by providing for new
Paragraph ( n) and Subsection ( J) by providing new paragraph
( 3) , as follows:
( E)( 1)( h) Delete existing Paragraph ( h) and rewrite as
follows:
( h) New and replacement sanitary sewer systems shall
be designed to minimize or eliminate infiltration
of flood waters into the system and discharges
from the system into flood waters. Proposed high
intensity development and redevelopment shall be
serviced by a central sanitary sewer system.
( J)( 2) Add new paragraph ( n) as follows:
( n) Septic tank & drainfield, and privately owned
sanitary sewer systems shall be prohibited within
the coastal high hazard areas of the Village.
page 9
( J> Add new paragraph ( 3) to paragraph ( J) , as follows:
( 3) The Village Building Official and Disaster
Preparedness Coordinator shall coordinate the
impact of new development or redevelopment within
the coastal zone and coastal high hazard area
against existing hurricane evacuation plans.
Section 8. If any provision of this Ordinance or the
application thereof is held invalid, such invalidity shall not
affect the other provisions or applications of this Ordinance
which can be given effect without the invalid provisions or
applications, and to this end, the provisions of this Ordinance
are hereby declared severable.
Section 9. This Ordinance shall be codified and made a
part of the official Code of Ordinances of the Village of
Tequesta.
Section 10. this Ordinance shall take effect immediately
upon its approval and passage as provided by law.
THE FOREGOING ORDINANCE WAS OFFERED BY
Councilmember who moved its
adoption. The Ordinance was seconded by
Councilmember , and upon being
put to a vote, the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
. I
The Mayor thereupon declared the Ordinance duly passed and
adopted this ____ day of 1990.
MAYOR OF TEQUESTA
Joseph N. Capretta
ATTEST:
Bill C. Kascavelis
Village Clerk
page 10
RECEIVED t
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MAY 10 1090 (s)
VI'_'..AE,.,E OF
TEQUESTA /ftq foice
BLDG. DEPT. 9 `,'1
0 Fs14 F
May 9 , 1990 �C, 99„�.
cF
To : Village Council & Staff
From: Bill Burckart
Subject : Meeting 5-10-1990
1 . Ordinance No . 401 I have many comments and will address
them with staff prior to the next council meeting.
2 . Subdivision of Lot 8, Block 2, Country Club Point
a . I have reviewed the recorded plat and I find
nothing to indicate that a lot cannot be subdivided .
b. I don ' t believe in the Boynton Beach approach of
"buying" a lawsuit just as a matter of principle .
c . I believe that we should strenghten our ordinances
to avoid this situation occuring in the future .
d . The Protective Covenants, etc . of Country Club
Point, as recorded in OR 805, Pg 77 to 79, bring up a couple
of issues which may be remidies available to the homeowners
association .
1 . Article III allows for a building, or
buildings to be erected upon a lot, this is to allow for a
single family residence with detached garage and bath
houses .
2 . Article XII allows for modification to the
plat by the Developer (Declarer ) , to modify, at any time,
anything relating to the subdivision so long as he has a 50%
approval "of the then owners of all lots in the subdivision"
and assigns each lot one vote . It also requires that all
instruments changing this covenant, etc . must be recorded .
3 . Article XI allows the rights, etc . of this
covenant to be assigned by the declarer, and gives the new
assignee the same powers granted to the original declarer .
I 'm not clear whether the assignment of these covenants was
ever done . It should have been done to a homeowners
association. This may be why the hurry up association was
just incorporated .
This proposed subdivision appears to be legal , according to
our staff, but there also appears to be grounds for the
homeowners association to object, if in fact there was one
in place at the time this application was submitted . It
might be appropriate to read into the record, if you go to a
vote, that we are approving the request with reservations,
and further if the homeowners association is successful in
challenging this subdivision in court, our approval of this
subdivision is not in any way a support of the JARA
application .
3 . Shay Place . This private road has to be brought up to
village requirements prior to the Village accepting it .
This was agonized over in regards to an annexation, the Pine
Trail property, a couple of years ago . We made the
developer bring the road to standard in that case . The
Village should do all we can to assist but the record is
clear in this matter .
4 . Ordinances 402, 403, 404 I will have comments prior to
next meeting .
5 . Items D-H OK
6 . I have comments to Ordinance 397 & 398 and would
request that these be postponed till next meeting . 399 &
400, OK .
•
CON 805 nr.r 7R
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