Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 15_05/09/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 11-13 5/9/13 Consent Agenda: No Resolution #: Originating Departrnent: Attorney ' �' • • • • - C - • • -�• Ordinance 11-13, First Readinq, Amending the Village Code of Ordinances at Chapter 22. Community Development, by Amending this Chapter to Provide Internal Consistency, to Provide Final Decision-making Authority to the Planning and Zoning Advisory Board for Certain Site Plan Modifications; to Provide Procedures; Collection of Administrative Fees; and to Clarify Certain Aesthetic Definitions and Policies — Village Attomey Davis : � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: �haose ��-� Appropriate Fund Balance: �::d�oose an ���� � � `' • ` •' • • • • . -� • . Department Head � � Finance Director Reviewed for Financial Sufficiency ❑ , � No Financial Impact ' �, Attorney: (for legal sufficiency) � Village Manager: �_�. . .- _ � Submit for Council Discussion: 0 ,� Approve Item: ❑ ' \ Deny Item: � � • • - . . - _. -- - . -. .- . .- .- . ..- . . -.. .._ - . -- - . - Form Amended: 7/12/12 ORDINANCE NO. 11-13 AN ORDINANCE OF THE VII.LAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VII.LAGE CODE OF ORDINANCES AT CHAPTER 22. COMMUNITY DEVELOPMENT, BY AMENDING THIS CHAPTER TO PROVIDE INTERNAL CONSISTENCY, TO PROVIDE FINAL DECISION-MAKING AUTHORITY TO THE PLANNING AND ZONING ADVI50RY BOARD FOR CERTAIN SITE PLAN MODIFICATIONS; TO PROVIDE PROCEDURES; COLLECTION OF ADNIINISTRATIVE FEES; AND TO CLARIFY CERTAIN AESTHETIC DEFI1vITIONS AND POLICIES; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 22. 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 Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 22. Community Development, to provide internal consistency, to provide final decision-making authority to the Planning and Zoning Advisory Board for certain site plan modifications; to provide procedures; collecrion of administrative fees; and to clarify certain aesthetic definitions and policies; and WHEREAS, the Village Council of the Village of Tequesta. believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its community development ordinance as stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Cha.pter 22. Community Development. of the Code of Ordinances of the Village of Tequesta is hereby amended to provide internal consistency, to provide final decision- making au#hority to the Planning and Zoning Advisory Board for certain site plan modifications; to provide �rocedures; collection of administrative fees; and to clarify certain aesthetic defuutions and policies; providing that Chapter 22 sha11 hereafter read as follows: 1 Chapter 22 COMMUNITY DEVELOPMENT Article I. In General. Sees. 22-1-22-30. - Reserved. Article II. Community Appearance. Division 1. - Generally Sec. 22-31. - Provisions supplemental; compliance with other re ations. Secs. 22-32-22-50. - Reserved. S�. 22-31. - Provisions supplemental; compliance with other regulations. The requirements of this article are in addition to any other requirements of this Code such as chapter 78, pertaining to zoning, and chanter 14. nerta.ining to buildin�s and buildin� regulations fi� de. Secs. 22-32--22-50. - Reserved. Division 2. - Planning and Zoning Advisory Board _ _ _ ._� __ __� _ . .___.._ _ _ _ - - ___ .. Sea 22-5 �.- Creation, members, terms, appointment. Sec. 22-52. - Organization, qualifica.tion of inembers. Sec. 22-53. - Powers and duties. Sec. 22-54. - Powers and duties as official tree board of the village. Section 22-55. - Procedure. Sec. 22-56. - Meetings; records. Section 22-57. - Filin� Secs. 22-58-22-80. - Reserved. Sec. 22-51. - Creation, member�qaalific�tions, terms, �ppointmen� A planning and zoning advisory board is hereby established. (a) Composition of the boarc�. The boazd shall be composed of five regular members and two alternate members (all of ,whom �e sha11 serve without compensation), appointed by the village council. At the time of appointment and at al1 times during which they serve, a11 members (i) sha11 reside in the village an be aualified electors of the villa�e (ii) shall not serve on the village council or on any other village board or committee, and (iii) sha11 not be employed by the village or any of its contractors. In the event that r i a lack of qua.lified eligible applicant(s) needed to satisfy the requirements as stated, the village council, workin� through the villaee mana�er. shall have the authoriry to recruit and appoint gualified members into the vacant seats from any area of the Village of Tequesta. 2 (b) Alternate board members. In addition to the - iv regular board members, two additional members, to be designated at the time of their appointments as alternate # 1 and alternate #2, sha11 be appointed v the villa�e council 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 of�ice. Regular mernbers of the board shall be appointed for a term of three years. Alternate members of the board shall be appointed for a term of two years. (d) Voting. A majority of the board (i.e., a minimum of three members) sha11 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 members aze present, a�in�nimous vote of a11 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) Terminatiorrlresignation. All board members sha11 serve at the pleasure of the village council and derive no property rights from their appointed position. The village council ma.y, by a majority vote, remove any board member at any time for any reason or no reason. All board members sha11 abide by state laws and un an village ordinances regarding ethical behavior. Vacancies in the board membership by resignation, illness or other causes sha11 be filled by the village council for the unexpired term of the vacated seat . Three absences in a row or three unexcused absences within the fiscal year of the village, shall constitute cause for automatic dismissal from the board. Sec. 22-52. - Organization of the board �e�ers. The board sha11 select its own chyair and vice-chair annually at the first meeting of the board held after the May meeting of the village council at which time members aze appointed. The director of the department of community development or his designated representative sha11 serve as clerk to the board. Sec. 22-53. - Powers and duNes. The planning and zoning advisory board sha11 have general authority (provided that, in order to provide for proper budgetary allocations, any request requiring extensive sta,ff or attorney time must first be appmved by the village mana.ger) to: � Review and make recommendations to the village council regarding applications for: (1) Site pla.n review or site plan modification including aesthetic review in accordance with regulations of this article �� well as� o�t�s�e -��, e� �;,�, �s �w +e.. the requirements of article IX, division 2 of the village zoning code, except as provided in section (b) below. 3 (2) Signage requested in conjunction with site plan review or site plan modification in accordance with article XI of the village zoning code. (3) Any other reviews, related to planning, zoning and development specifically requested of the plarming and zoning advisory board by the village council. � Review and make a final determination re�arding annlications for: 1� Site nlan modifications that do not exceed $10.000.00 in estimated o and that do not involve a change to the footnrint. hei�ht. number of stories or sauare foota�e of anv buildin�. �� €e� T�he coristruction of entry features as provided in section 78- 284(b). � (� �aesthetic modifications to exterior building color or finish e� when not accompanied by any other site plan modification. �4 New free standi.n� si�ns not nart of site nlan review annlication. �(�} Pursuant to F.S. ch. 163, and Cha.pter 62 of the Village of Tequesta. Code of Ordinances, sit as the village's local planning agency. � f e} The planning and zoning advisory boazd may adopt such rules and procedures as are necessary to perform its duties. Se�. 22-54. - Powers and duties as offieial tree board of the village. In addition to the functions provided pursuant to the other �rovisions of this chapter, the planning and zoning advisory board shall constitute the official Tree Board of the Village of Tequesta and as such shall: (a) Make recommenda.tions 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 li.mited to, the following criteria: (1) The significance of the tree as a village landmazk. (2) The significance of the tree due to high value because of its size, age and/or historic value. (3) The significance of the tree to the history of the village, State of Florida or the Nation. (b) Perform any other duties assigned by the village council. Section 22-55. - Procedure. (a) Advisory thori en�p. Recommendations of the planning and zoning advisory board sha11 be recorded in written form for transmittal to the village council. Prior to adoption of a recommendation with respect to any matter brought before it for consideration, the planning and zoning advisory boazd sha11 consider the following: (1) The information submitted by the applicant, including a11 exhibits, studies or other information presented or used for review of the application. 4 (2) A written staff report '' of the department of community development or any other appropriate governmental agency regazding the ability of the application to meet the standards and regulations 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 applica.tion'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. (b) Final authority. The planning and zoning advisory boazd sha11 have final authority as provided in Sec. 22-53(bl °°�*��� ' � ° �^`. An Order annrovin�. annrovin� with conditians or denvin� su h anolications sha11 be rendered bv the c' as soon as n ractical. Prior, to ta.kin� any final action. the nlannin� and zonin� advisorv board sha11 consider the followin�: (1) e information submitted bv the annlicant includin� a11 exhibits. studies or other information nresented or used for review of the annlication. (2) A written sta.ff renort of the deuarkna�ent of communitv develonment or anv other annronriate �overnmental a�encv re�ardin� the abilitv of the annlication to meet the standards a.nd regulations affectin� the annlication: e abilitv of the nronosed develonment to meet level of service standards onted in the Villa�e of Teauesta Comnrehensive Develo�ment Plan: the nnlication's imnact on the general nublic's health. safetv and welfare: as well as, anv other items that are considered annronriate bv the denartment communitv develonment. (3) Comments. if anv. from the annlica�t. staff or the nublic. (c) Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of a11 plaruung and zoning advisory board public hearings in a newspaper of general circulation in the area. Sec. 22-56. - Meetings; records. , . Meetings of the nlannin� and zonin� advisorv board sha11 be held at such times as set by the �g-t�� ' e� board with the final approval of the village council. All meetings of the board and its files or records shall be open to the public �ursuant to Cha.nter 119. Florida. Statutes 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 exa.minations and other official actions, a11 of which sha11 be nrom�ntiv �e�a�e� filed in the office of the village clerk and sha11 be a public record ursuant to Cha.�ter 119. Florida Sta.tutes. Section 22-57. - Filing fee�additionaladministraNve fees. Upon filing an application to the pla�ning and zoning advisory board, the applicant shall pay a fee to the village at the time of filing of such application. Said fee 5 sha11 be in an amount as established and amended by resolution of the village council, shall not be reimbursable, and is intended to defiay the costs of administering, processing and reviewing the application. Additionally, to cover n� a� additional ' e cos , , including, but not limited to advertising costs, engineering fees, consulting fees, attorneys' fees and special studies. which are not cantured bv the annlication fee. the applicant shall reimburse �e�e the village for all such costs not later than 30 days after being invoiced bv e il a e , .� make such navment mav be srounds for not issuin� a buildine or zonin� nermi� or certificate of occunancv or comnletion. Secs. 22-58--22-80. - Rese�rved. Division 3. - Supplemental Criteria and Procedural Rules _ ___ _ _ _ _ . _ e, _ _ _ , _ _ _ ___ _ Sec. 22-81. - Definitions. Sec. 22-82. - General requirements. Sec. 22-83. - Exterior space. Sec. 22-84. - Landscaving Sec. 22-85. - Pazking lots. Sec. 22-81. - Definitions. The following words, terms and phrases, when used in this division, shall ha.ve the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Appropriate to surroundings � fers to the anneara.nce of a buil ir � relative to its urroundin�s. including , into an orderly relationship with landscape and nature, other buildings and open areas. �4g�-ssa�e Buil ' scale and composition , related �e to adjacent properties, is also imnortant. , t�ie-�et��� Future surroundings must also be weighed. Advertising signs on buildings must be appropriate to the surroundings in the same way. Honest design consiruction concerns proper design of a11 work in its details, the uses of weather resistant materials, etc. T'he term applies also to advertising. �'�ea�-a� �rly designed work must always be discouraged. Proper design concepts refers to architectural planning and to the analysis of the whole structure in terms of forms and composition, color, materials, and surface decora.tion. It includes scale in relationship to fi�e-�s�le-�e�€ adjacent buildings and landscape. It applies to �ke ' tm erior � character of the individual project. It applies in the same manner to alterations and advertising on the project (building). �Fe-ene-��-�e 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. 6 Scale.- ers to the relationshin of a bwilding's comnc>nents to each other. as well �,s the relationshin of the whole buildine to it� surroundines in terms of size. �eags-t�e , Space.- includes both internal and urban or external �Aace. , , , � , � , ao�.,sa ,.,. i:.�.,:*oa ., �;a ,,.,a �„ �,.,� ,, o.,�ea „ ,.,.i,.�oa � r� :., +t,v ;,,�o,,:,.,._„� � ���e-�s-de�ed--b3��es-(#�ee�,--sei�l�tg-��etx� v���.,�_ -r�„�_a�e� „of , , � , S�3A62-�'V�E3f�i�@F�G�� o« t.., �,.,,o . ,�lt� „ „f ���,� � , . Every building creates two kinds of space: its intemal space, completely defined by the building itself, and its external or urban space, defined by #� fi� buildi.ng and the others around it. All objects—bridges, fountains, groups of trees, wa11s, and in particular, the facades of buildings—are brought into play in the creation of urba.n space. Sec. 22-82. - General requirements. The planning and zoni.ng advisory board shall r view. and recommend final action t� the villa�e council or take final action itself. nursuant to Sec. 22-53. re�arding �v�e , _ �; compliance se�� with tl�r�guirements of this division �--e�-c�,�er—�. Imnlementa.tion of this authoritv which reauires , extensive staff or attomey tune for anv narticular annlication must first be approved by the village mana.ger The general requirements are minimum �esthetic standards for all site development, buildings, structurees, or alterations within the village except in districts R- 1 A a.nd R-1. It is required tha.t site development, buildi.ngs 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 sha11 have a unity of character and design, and a relationship of forms, and the use, texture and color of materials sha11 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 enha.nce rather than detract from the chara.cter, value, and attractiveness of the surroundings. (2) Harmony with surroundings. Buildings or struchues 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 aze built in undeveloped areas, the three primary requirements shall be met: 7 express honest design construction, show proper design concepts, and be appropriate to the village. (3) Facades. All facades visible to public or adjacent properry shall be designed to create a hannonious whole. Materials shall express their function clearly and not appear as a material foreign to the rest of the buildi.ng. (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 through the proper consideration of scale, 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 �11 � 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 laghting. 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. (IO) Exterior forms. All exterior forms, attached or not attached to buildings, shall be in conformity to and secondary to the building. They sha11 be an asset both to the aesthetics of the site and to the neighborhood. (11) Telephones, vending machines, and facidities dispensing 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 bu.ilding or enclosed in a separate shucture 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. 8 (13) Use of symbolic colors; exterior storage and display of inerchandise. The followi.ng are added criteria that pertain to but are not limited to gasoli.ne stations. Symbolic colors of the e�erior 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 accepta.ble 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 advanta.ge 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 sha11 be screened from adjacent property and from the public view. Sec. 22-83. - Ezterior space. The scale of e�erior 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, Ar 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 eartent. Cazeful consideration as to future development sha11 be given to vistas which open into undeveloped areas. Sec. 22-84. - Landscaping. , , �andscane nlaxis will be evalua.ted re ar in as-�e their relationship to the existing natural landscape, the existing and proposed �x-developed landscape, i.ncluding those on adjacent properties and street rights-of-way, and the �l��gs existing and proposed 'lu d' s. (1) Preservation of existing natural landscape. The existing naturallandscape character should be preserved whenever possible. �4s-� �r example e€�s, �e-�� �ref� an area containi.ng a stand of trees ould be nreserved bv the develoner to the �reatest extent e� *���--� possible and should be further landscape� in a complementary manner, rather than destroy the existing trees and replant 9 with a type of vegetation completely fareign to the immediate na.tural environment. (2) Paving, benches and similar fixtures. Landscaping includes not only trees and plantings, but paving, benches, fountains, e�erior lighting fi�ctures, � fences, and any other item of exterior furniture. All items of the landscape aze to be selected not only for their functional value but for their aesthetic value, and must complement the whole. Placement of anv such items wi ' the villa�e's ri�ht-of-wav is nrohibited. (3) Screening. One of the basic uses of landscaping will be to screen. T� 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 vegeta.tion. 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. (4) View from other areas. Landscaping sha11 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 certifica.te of occupancy of the pmject. (6) Fdorida friendlv landscaning All landscaning shall comnlv with _the "Florida. Friendlv" reauirements set forth in Cha.nter 78. Article IX Division 4. Sec. 22-85. - Parking lots. (a) General standards. 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 from 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. > > � � • es: Pazkin� lot landscanin� shall comnlv with the reauirements of Chanter 78. Article IX. Division 4. Trees are of primary importance in the 10 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-di.mensional space, it casts shadows that reduce the monotony of the expanse of pa�ing, and it creates a refuge from the tropical sun. Signs designating entrances, exits, regulations, etc., in excess of two square feet are to be of a tasteful design . 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, fount.ains, 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. , . Low lights of a human scale can be used along with feature lighting emphasizing plants, trees, barriers, entrances, exits, etc. T'he fixtures are to be selected not only for tl�eir functional value but for their aesthetic value. Section 2: Each and every other Section and Subsection of Chapter 22. Community Development. shall remain in fu11 force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. SecNon 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. 11