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Home My WebLink AboutDocumentation_Regular_Tab 4A_12/14/1995 714111114 -- JONES, FOSTER, JOHNSTON & STUBB • ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER Village of • 606 SOUTH FLAGLER DRIVE LARRT S ALEXANDER MICJMEL T.Iowa ELEVENTH FLOOR CARL ANOELw a SLU P Jaw SLAM MACRACKEN WEST PALM BEACH.FLORIDA 33401 SCOTT J.AUCAM► OTT L.MoMUUf11 DEC 0 y_ M.▪ TRACET 4Aalorn awe PRATT P.O. BOX 3476 fYw JOYYCE i.CONWAY OMEN J.Ro PAW BEAM PA BEACH,FLORIDA 33402�3476 R. JONES MAR6ARET I..COOPER PETER A.SACHS SWANS COWARD 01*2 n CUL11lR WITH■ 007)860-0000 RECEOCA D.MANE SIDNEY A.STUNS FAX:(407)832.1461 Village ManagerI s Office, a YYCL,E CNRIRTDrNER R.DUKE A►LJDI R.TDY.PAION 111349•1 S COTT D.HAWKINS JOHN S.TAMPER RETIIEo TNORNTON M.HENRY MCHAEL P.WALf4 PETER S.HOLTON MAN R.WAXMAM WMIJAM A PORTER MARK a KUINrELD N.ADAMS WEAYER WRITERS DIRECT LINE: OP COMM L MARTIN?WOMAN December 1, 1995 VIA FAX: 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Proposed Zoning Ordinance Amendment Pursuant to Recommendations of Country Club Drive Task Force Our File No. 13153.1 Dear Tom: This is in response to your letter of November 27, 1995, regarding the above referenced subject. I have reviewed the proposed zoning ordinance amendment and hereby approve same as to legal form and sufficiency. Sincerely, JONES, FOSTER, JOHNSTON & STUBBS, P.A. • C. Randolph JCR\ssm • V yl�, $ • lam' - • yi' ORDINANCE NO. • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 355 OF THE VILLAGE, THE COMPREHENSIVE BONING ORDINANCE, AS AMENDED, AT SECTION IV, DEFINITIONS, AMENDING SAID SECTION SO AS TO PROVIDE A NEW DEFINITION FOR SETBACK; AMENDING , SECTION VII, SCHEDULE OF SITE REQUIREMENTS, TO ADD LANGUAGE REGARDING SETBACKS ALONG COUNTRY CLUB DRIVE; AMENDING SECTION X, SUPPLEMENTAL REGULATIONS; SUB-SECTION (A) (1) (c) , WALLS AND FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES • IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Section IV of Ordinance No. 355, as amended, is hereby amended to provide a new definition for setback, to read as follows : " (277 ) Setback. The horizontal distance between the front • line, side line, or rear line of the building site to the front, side or rear of the building or structure respectively. Setback shall be measured perpendicular to and parallel with property or right-of-way lines, except for properties abutting Country Club . Drive, wherein setbacks shall be measured perpendicular to and parallel with property or the reduced right-of-way line, as measured from the point of intersection with the 15 ' restrictive easement applicable to Country Club Drive. " Section 2. Section VII of Ordinance No. 355, as amended, is hereby amended at Sub-Section (c) , Schedule of Site Requirements, by Amending the R-1A, R-1 and R/OP District requirements as set forth in Exhibit "A" attached hereto. Section 3, Section X of Ordinance No. 355, as amended, is hereby amended at Sub-Section (A) (1) (c) to read as follows : (A) General Provisions ( 1) Miscellaneous Structures: (a) No Change (b) No Change (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 building front on any lot or parcel, except for lots or parcels located along and fronting upon Country Club Drive, walls not exceeding five (5) feet in height may be located forward of the building front and fences associated only with accessory structures provided said fence is screened from public view with a hedge of not less than six (6) feet in height and not more than ten ( 10) feet, planted not more than two (2 ) feet on center. However, in the event that a wall, fence, or living 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 intersecting point of property lines . The maximum height of any wall, fence or hedge within said visibility triangle shall be two and one-half (2 . 5) feet. Section 4. Severability. 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 5. Repeal of Ordinances in Conflict. All other Ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any other part of this Ordinance are hereby repealed. Section 6. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , A.D. , 1996 . Mayor of Tequesta Ron T. Mackail ATTEST: Joann Manganiello Village Clerk • EXHIBIT'A" SCHEDULE OF SITE REQUIREMENTS Maximum Minimum Setbacks Maximum Minimum Minimum Minimum Minimum Lot Building Living Area Landscaped District Lot Size Lot Width Coverage Front Yard Side Yard Rear Yard Height Requirements Open Space R-1A 12,000 sq.ft. 100 ft. 37% •25 ft. 10 ft.for main 20 ft.for main 2 stories/30 ft. 1,600 sq.ft. 30% building and builidng or main building accessory structure or structure building 10 ft.for any 1 story/15 ft. "20 ft.for any accessory for any acoes- comer lot building or sory building structure or structure • R-1 8,000 sq.ft. 75 ft. 37% •25 ft. 71/2 ft.for main 20 ft.for main 2 stories/30 ft. 1,200 sq.ft. 30% building and building or main building accessory structure or structure building • 10 ft.for any 1 story/15 ft. '"20 ft.for any accessory for any acces- comer lot building or sorybulding structure or structure Rec.! Not applicable Not applicable Not applicable •25 ft. 10 ft.except 20 ft. 20 ft. 2 stories/30 ft.for Not applicable Not applicable Open for any comer lot" main building or Space structure 1 story/15 ft.for accessory building or structure • For properties fronting Country Club Drive,the front yard setback shall be measured from the roadway side of the 15'wide special easements. In no event shall the building or structure be less than 25'from the edge of the roadway pavement of Country Club Drive. "For properties that are corner lots,where a side yard fronts Country Club Drive,the corner side yard setback shall be measured from the roadway side of the 15'side special easements. In no event shall the building or structure be less than 25'from the edge of the roadway pavement of Country Club Drive. • •