HomeMy WebLinkAboutDocumentation_Regular_Tab 07_05/12/2005 MEMORANDUM
DATE: MAY 4, 2005
TO: The Mayor and Members of Council
THRU: Michael R. Couzzo, Village Manager
FROM: Gwen Carlisle, Village Clerk
RE: Agenda Item: 5/12/OS Village Council Regular Meeting - Ordinance 599
Attached for your consideration and approval is Ordinance 599, including revisions
requested by Council at their April 4, 2005 Special Meeting, regarding the Code
discrepancy as it relates to the Local Planning Agency (LPA).
Ordinance 599 repeals Ordinance 583 in its entirety, because all the language in
Ordinance 583 has been incorporated into the new ordinance.
Staff recommends approval of Ordinance 599.
PROPOSED DRAFT ORDINANCE
ORDINANCE NO. 599
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, REPEALING
ORDINANCE 583, OF THE VILLAGE CODE OF ORDINANCES, IN
ITS ENTIRETY; ��=n T����' ru A DT�'D �� p,�OPTING A
NEW CHAPTER 22, IN ITS ENTIRETY AS CONIlVIUNITY
DEVELOPMENT; AMENDING DIVISION 2. PLANNING AND
ZONIl�G ADVISORY BOARD; AND AMENDING DIVISION 3.
SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES,
SECTION 22-82; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ORDINANCES IN CONFLICT; 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:
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Section l. The Village Council of the Village of Tequesta hereby repeals Ordinance
583 in its entirety, and replacing Ordinance 583 with Ordinance 599, in its entirety.
Section 2. Adopting Chapter 22, Community Development, as specified in the 2004
recodification of the Village of Tequesta Code of Ordinances.
Section 3. Amending Division 3, Supplement Criteria and Procedural Rules, to add
language to Section 22-82, General Requirements regarding the Planning and Zoning Advisory
Board.
Section �. 22-51. Creation, Members, Terms, Appointment.
A Planning and Zoning Advisory Board is hereby established.
A) Composition of the Board.
The Board shall be composed of five (5) regular members and two (2) alternate members (who
shall serve without compensation), appointed by the Village Council. At the time of appointment
and at all times during which they serve, all members (i) shall reside in the Village (with no two (2)
, Board members coming from the same Homeowners', Condominium or Community Association),
(ii) shall not serve on the Village Council or on any other Village board or committee, and (iii} shall
not be employed by the Village or any of its contractors. In the event that a lack of qualified eligible
applicant(s) needed to satisfy the requirements as stated, the Village Council shall have the authority
to appoint the vacant seats from any area of the Village of Tequesta.
B) Alternate Board Members.
In addition to the regular board members, two (2) additional members, to be designated at the
time of their appointments as Alternate #1 and Alternate #2, shall be appointed to serve on the
Board, in that order, at meetings of the Board when necessary to ensure that each application
receives consideration by a full Board.
C) Terms of Office.
Of the regular members of the Board first appointed, one (1) shall hold office for the term of one
(1) year; two (2) for the term of two (2) years; and two (2) for the term of three (3) years (as
determined by lot), from and after their appointment. Their successors shall be appointed for the
term of three (3) years from and after the expiration of the terms of their predecessors in office.
Alternate members shall serve for two (2) years, but of the first appointed Alternate members,
one (1) shall serve for one (1) year, and one (1) shall serve for two (2) years (as determined by
lot). Thereafter, alternate members shall be appointed for two year terms.
D) Voting.
A majority of the Board (i.e., three (3) members) shall constitute a quorum, and the affirmative
vote of a majority of the Board present shall be necessary for any action thereof. In the event
that only three (3) members are present, a unanimous vote of all present in favor of an
application is required to make a recommendation of approval. If no motion receives the
necessary majority vote, that shall constitute a recommendation of denial.
E) Termination/Resignation.
All Board members shall serve at the pleasure of the Village Council and derive no property
rights from their appointed position. The Village Council may, by a majority vote, remove any
Board member at any time for any reason or no reason. All Board members shall abide by State
laws and Village ordinances regarding ethical behavior. Vacancies in the Board membership by
resignation, illness or other causes shall be filled by the Village Council for the unexpired term
of the member involved. Three (3) absences in a row or three (3) unexcused absences within tfie
fiscal year of the Village, shall constitute cause for automatic dismissal from the Board.
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Section �. 22-52. Organization, Qualification of inembers.
The Board shall select its own chair and vice-chair annually at the first meeting of the calendar
year. The Director of the Department of Community Development or his designated
representative shall serve as Clerk to the Board. All members of the Planning and Zoning
Advisory Board shall be qualified electors of the Village.
Section �-3. 22-53. Authority.
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The Planning and Zoning Advisory Board shall have general authority (provided that, in order to
provide for proper budgetary allocations, any request requiring extensive staff or attorney time
must first be approved by the Village Manager) to:
(1) Gather and analyze data and such other information to amend the Village's
Comprehensive Development Plan, prior to review and adoption by the Village
Council.
(2) Review and recommend to Village Council land development regulations to
implement the Village of Tequesta Comprehensive Development Plan. The land
development regulations include, but are not limited to, the following:
a. Village of Tequesta Comprehensive Zoning Ordinance.
b. Village of Tequesta Subdivision Regulations.
c. Village of Tequesta community appearance standards and regulations.
. d. Any other land development regulations required or allowed pursuant to
Chapter 163, Fla. Stat., or other applicable law.
(3) Review and recommend to Village Council regarding applications for:
a. Site Plan in accordance with regulations anc� requirements of Section X
(M), Village of Tequesta Comprehensive Zoning Ordinance.
b. Special Exceptions in accordance with regulations and requirements of
Section X(J) Special Exception Uses, Village of Tequesta Comprehensive
Zoning Ordinance.
c. District Boundary Changes (re-zonings) in accordance with regulations
and requirements of Chapter 166, Fla. Stat.
d. Text Amendments to Village of Tequesta Comprehensive Development
Plan in accordance with Chapter 163. Fla. Stat., Comprehensive Planning
and Land Development Regulation Act (State Planning Law) and Rule 9J-
5, Fla. Admin. Code
e. Text Amendments to land developmerit regulations in accordance with
Chapter 163, Fla. Stat., Comprehensive Planning and Land Development
Regulations Act (State Planning Law) and Rule 9(J).5, Fla. Admin. Code �
f. Voluntary Annexations in accordance with Chapter 171, Fla. Stat.,
Municipal Annexation or Contraction
g. Abandonments.
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h. Any other reviews, related to planning, zoning and development
specifically requested of the Planning and Zoning Advisory Board by the
Village Council.
(4) Review and recommend to Village Council regarding proposed condemnations.
The Planning and Zoning Advisory Board may adopt such rules and procedures as are necessary
to perform its duties.
Sec. ��. 22-54. Powers and Duties as Official Tree Board of the Village.
In addition to the functions provided pursuant to the other provisions of this chapter, the
Planning and Zoning Advisory Board shall constitute the official Tree Board of the Village of
Tequesta and as such shall:
(1) Annually develop and present to the Village Council a written community tree
management program and supporting work plan which, upon acceptance by the
Village Council, shall constitute the official Comprehensive Tree Plan for the
Village.
(2) Annually prepare plans for a Tequesta Annual Arbor Day ceremony, for approval
by the Village Council.
(3) Make recommendations to the Village Council upon any matter coming within
the scope of its work, as deemed necessary.
(4) Make recommendations to the Village Council that certain trees located within
the Village be designated as specimen, historic, native or endangered trees. In
making such a determination, the Tree Board shall consider, but not be limited to,
the following criteria:
a. The significance of the tree as a Village landmark.
b. The significance of the tree due to high value because of its size, age
and/or historic value. �
c. The significance of the tree to the history of the Village, State of Florida
or the Nation.
(5) Perform any other duties assigned by the Village Council.
Section �-4. 22-55. Duties and Responsibilities.
Recommended actions of the Plannirig and Zoning Advisory Board shall be recorded in written
form for transmittal to the Village Council.
Prior to adoption of a recommendation with respect to an application, the Planning and Zoning
Advisory Board shall consider the following:
(1) The information submitted by the applicant, including all exhibits, studies or other
information presented or used for review of the application.
(2) A written staff report indicating the recommendation of the Department of
Community Development or any other appropriate governmental agency
regarding the ability of the application to meet the standards and regulations
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affecting the application; the ability of the proposed development to meet Level of
Service standards adopted in the Village of Tequesta Comprehensive
Development Plan; the application's impact on the general public's health, safety
and welfare; as well as, any other items that are considered appropriate by the
Department of Community Development.
(3) Comments, if any, from the applicant, staff or the public.
Section �3. 22-56. Meetings; Records.
The Planning and Zoning Advisory Board shall adopt rules of procedure for the conduct of it's
business, consistent with the provisions of this Ordinance. Meetings of the Board shall be held
the first Thursday of each month at 6:30 p.m., or if a conflict exists on this normal meeting date,
an alternate meeting date shall be established by the Planning and Zoning Advisory Board
chairman. The chairman, or in his absence, the vice chairman or acting chairman, may compel
the attendance of witnesses. All meetings of the Board and its files or records shall be open to
the public.
The Planning and Zoning Advisory Board shall also keep minutes of its proceedings, showing
the vote of each member upon each question, or, if absent, indicating such fact, and shall keep
records of its. examinations and other official actions, all of which shall be immediately filed in
the office of the Board and shall be a public record.
Section �-b. 22- 57. Filing Fee.
Upon filing an application to the Planning and zoning advisory board, the applicant shall pay a
fee to the Village at the time of filing of such application. Said fee shall be in an amount as
established and amended by resolution of the Village Council, shall not be reimbursable, and is
intended to defray the costs of administering, processing and reviewing the application.
DIVISION 3. SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES
Sec. 22-81. Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
AppNOpriate to surroundings does not mean uniformity in style or subordination to
existing buildings, but rather applies to bringing new buildings into an orderly relationship with
landscape and nature, other buildings and open areas. Again, scale and composition come into
importance, related here to adjacent properties. Surroundings are not only the buildings within a
neighborhood, but shall be considered as the total picture. Future surroundings must also be
weighed. Advertising signs on buildings must be appropriate to the surroundings in the same
way.
Honest design const�uction concerns proper design of all work in its details, the uses of
weather resistant materials, etc. The term applies also to advertising. Cheap and poorly designed
work must always be discouraged.
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Proper deszgn concepts refers to architectural planning and to the analysis of the whole
structure in terms of forms and composition, color, materials, and surface decoration. It includes
scale in relationship to the scale of adjacent buildings and landscape. It applies to inner character
of the individual project. It applies in the same manner to alterations and advertising on the
project (building). No one will be permitted the excuse that the area contains other unsightly
buildings.
Proportion means the relation of the parts of a building to each other and to the whole of
the building. Proportion is closely tied to the scale of a building.
Scale. means the character of any architectural work is determined both in its internal
space and in its external volume by the fundamental factor of a scale, the relation between the
dimensions of a building and the dimensions of man. Every building is qualified by scale.
Space. means the experience of space, a characteristic of architecture, has its extension in
the village, in the streets, squares, alleys and parks, in the playgrounds and in the gardens,
wherever man has defined or limited a void and so has created an enclosed space. If in the
interior of a building, space is defined by six planes (floor, ceiling and four walls). This does not
mean that a void enclosed by five planes instead of six, as, for example (a roofless) courtyard or
public square, cannot be regarded with equal validity as space. All urban space wherever the
view is screened off, whether by stone walls or rows of trees or embankments, presents the same
features we find in architectural space. Every building creates two kinds of space: its internal
space, completely defined by the building itself, and its external or urban space, defined by that
building and the others around it. All objects--bridges, fountains, groups of trees, walls, and in
particular, the facades of buildings--are brought into play in the creation of urban space.
Sec. 22-82. General requirements.
The Planning and Zoning Advisory Board shall have the authority to require that all site
plans in all zoning areas, except in districts R-la and Rl, comply with Division 3 of Chapter 22.
If needed The Planning and Zoning Advisory Board shall have general authority (in order �to
provide for proper budgetary allocations, any request requiring extensive staff or attorney time
must first be approved by the Village Manager) to implement this authority.
The general requirements are minimum esthetic standards for all site development,
buildings, structures, or alterations within the village except in districts R-lA and R-1. It is
required that site development, buildings or alterations, with the sole exception of districts R-lA
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, scale, and location on the site shall
enhance rather than detract from the character, value, and attractiveness of the surroundings.
(2) Harmony with sur�oundings. 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
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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 ha�monious 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 through the proper consideration
of scale, proportions, site planning, landscaping, materials and color.
(5) Adve�tisements on buildings. Buildings which are of symbolic design for reasons of
advertising and are not compatible to the atmosphere of the village will not be approved by the
community appearance board. 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
proj ect and neighborhood.
(6) Exterio� 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 buzlding styles. Buildings of a style or style type foreign to South Fiorida
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) Ga�ish 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) Exte�ior 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 dzspensing merchandise or services. All
telephones on private property, vending machines, or any facility 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) Adve�tisements on amenities. No advertising will be allowed on any exposed amenity or
facility such as benches and trash containers.
(13) Use of symbolic coloNS; exterio� storage and display of inerchandise. 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
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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.
Sec. 22-83. Exterior space.
The scale of exterior space is to be relative to its neighborhood, adjacent properties,
buildings, access (roads and pedestrian routes) and its activity. Building facades enclosing a
space must be harmonious. Where, because of their use or age, like facades are not possible,
consideration should be taken to unify the walls of the space by the application of landscaping,
or manmade objects of like design, at modular spacing. The floor of a space is of primary
importance; its materials, texture and color, contour and shadow on it are to be considered, not
only in relation to the space, but to its setting. Natural vistas must be surveyed and planning steps
are to be taken to preserve them to the greatest extent. Careful consideration as to future
development shall be given to vistas which open into undeveloped areas.
Sec. 22-84. Landscaping.
Too much emphasis cannot be placed upon landscaping as a means of achieving beauty
in the community. In some projects and areas it will be the primary tool available. The village,
with its subtropical vegetation and characteristics, is blessed with diverse areas of native plants
and terrain to serve as guides and models. It is the desire to the community appearance board that
landscape design and planning become more integrated with the overall area design concept and
not be considered merely as an afterthought. Toward this end, proposed landscaping schemes
will be evaluated as to their relationship to the existing natural landscape, the existing and
proposed man-developed landscape, including those on adjacent properties and street rights-of-
way, and the buildings existing and proposed.
(1) Preservation of existing natu�al landscape. The community appearance board strongly
feels that the existing natural landscape character should be preserved whenever possible. As an
example of this, the board would prefer that in an area containing a stand of trees that the
developer would preserve as many of these trees as possible and further landscape in a
complementary manner, rather than destroy the existing trees and replant with a type of
vegetation completely foreign to the immediate natural environment.
(2) Paving, benches and simila� fixtures. Landscaping includes not only trees and plantings,
but paving, benches, fountains, exterior lighting fixtures, fences, and any other item of exterior
furniture. All items of the landscape are to be selected not only for their functional value but for
their aesthetic value, and must complement the whole.
(3) Screening. One of the basic uses of landscaping will be to screen. It is the masking out or
concealing of a particular objectionable area, an accessory use or an otherwise acceptable
structure or space. The achievement of this is left to the designer, whether by walls, fences,
mounds of earth, or vegetation. Screening shall be employed to mask from the public view or
adjacent properties such service areas as trash and garbage areas, outside equipment of an
unaesthetic character, and accessory buildings or areas not enhancing or in keeping with the
aesthetics of the project or neighborhood.
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(4) View from other areas. Landscaping shall be designed in such a manner as to impart its
aesthetic character when viewed from any area accessible to the public or from adjacent
properties. This is to include views from high-rise buildings and bridges.
(5) Installation; size of plants. All landscaping and plantings designated on the plans approved
by the board shall become effective and/or attain the size or height indicated within one year
from the date of the certificate of occupancy of the proj ect.
Sec. 22-85. Parking lots.
(a) General standa�ds. Parking lots are to be designed as an aesthetic asset to a neighborhood •
and to the building, group of buildings, or facility the parking lot serves. A parking lot is to be
considered an outside space, a transitional space which is experienced between the access (such
as roads) and the building, group of buildings or other outside spaces which it serves. The
responsibility toward beautification and design of the parking lot is the same as that which the
homeowner has to his residential lot. The parking lot, because it is viewed frorn above as well as
, at eye level, should be designed accordingly.
(b) Screening. Parking lots and their parked automobiles are to be effectively screened from
the public view and from adjacent property in a manner that is attractive and compatible with
safety, the neighborhood, and facilities served.
(c) Landscaping. The atmosphere within the parking lot is to be park-like rather than the harsh
hardstand of paving: Fifteen percent minimum of the gross parking area is to be devoted to living
landscaping, which includes grass, ground cover, plants, shrubs and trees. Trees are of primary
importance in the landscape. They are not to be minimized in height or in quantity. The tree
imparts, especially in a relatively flat area, a sense of three-dimensional space, it casts shadows
that reduce the monotony of the expanse of paving, and it creates a refuge from the tropical sun.
Signs designating entrances, exits, regulations, etc., in excess of two square feet axe to be of a
tasteful design and subject to review by the community appearance board. The pavement is to be
more than wall-to-wall asphalt. It is recommended that pavement be varied in texture or color
designating lanes for automobile traffic, pedestrian walks and parking spaces. Bright colored
pavement is to be used only with restraint. In order to create a pleasant atmosphere it is
recommended that consideration also be given to sculpture, fountains, gardens, pools and
benches. Design emphasis is to be given to the entrances and exits to and from the lot. Trash,
refuse and unaesthetic storage and mechanical equipment must be screened from view in
accordance with village requirements.
(d) Lighting. Lighting is to be designed not only from a standpoint of safety and vandalism,
but for visual effect. It is not to create an annoyance to the neighbors, nor is it to impart a prison-
like atmosphere. Low lights of a human scale can be used along with feature lighting
emphasizing plants, trees, barriers, entrances, exits, etc. The fixtures are to be selected not only
for their functional value but for their aesthetic value.
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
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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 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 Council Member , who
moved its adoption. The Ordinance was seconded by Council Member , 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
, 2005. MAYOR OF TEQUESTA
Jim Humpage
ATTEST:
Gwen Carlisle
Village Clerk
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