HomeMy WebLinkAboutOrdinance_11-13_07/11/2013 ORDINANCE NO. 11 -13
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, 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 ELIMINATE
PLANNING AND ZONING ADVISORY BOARD REVIEW OF CERTAIN
GATES AND ENTRY FEATURES; TO PROVIDE FOR COLLECTION
OF ADMINISTRATIVE FEES; AND TO CLARIFY CERTAIN
AESTHETIC DEFINITIONS 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 eliminate planning and zoning advisory board review of certain gates
and entry features; to provide for collection 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: Chapter 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 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; providing that Chapter 22 shall hereafter read as follows:
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Chapter 22
COMMUNITY DEVELOPMENT
Article I. In General.
Secs. 22-1-22-30. - Reserved
Article U. Community Appearance.
Division 1. - Generally
Sec. 22 -31. - Provisions supplemental; compliance with other regulations.
Secs. 22- 32- 22 -50. - Reserved.
Sec. 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 chapter 14, pertaining to buildings and
building regulations the building eerie.
Secs. 22- 32- 22 -50. - Reserved.
Division 2. - Planning and Zoning Advisory Board
Sec. 22 -51. - Creation, members, terms, appointment.
Sec. 22 -52. - Organization, qualification of members.
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. - Filing fee.
Secs. 22- 58- 22 -80. - Reserved.
Sec. 22 -51. - Creation, member qualifications, terms, appointment.
A planning and zoning advisory board is hereby established.
(a) Composition of the board The board shall be composed of five regular
members and two alternate members (all of whom 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 and be qualified electors of the village (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 there is a
lack of qualified eligible applicant(s) needed to satisfy the requirements as
stated, the village council, working through the village manager, shall have
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the authority to recruit and appoint qualified members into the vacant seats
from any area of the Village of Tequesta.
(b) Alternate board members. In addition to the five regular board members,
two additional members, to be designated at the time of their appointments
as alternate #1 and alternate #2, shall be appointed by the village 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 office. Regular members 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 minim of three 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 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 county 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 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.
The board shall select its own chair and vice -chair annually at the first meeting of
the board held after the May meeting of the village council at which time members are
appointed. The director of the department of community development or his designated
representative shall serve as clerk to the board.
Sec. 22 -53. - Powers and duties.
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:
(a) Review and make recommendations to the village council regarding
applications for:
(1) Site plan review or site plan modification including aesthetic
review in accordance with regulations of this article as well as the
requirements of article IX, division 2 of the village zoning code,
except as provided in section (b) below.
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(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 planning and zoning advisory board
by the village council.
(b) Review and make a final determination regarding applications for:
(1) Site plan modifications that do not exceed $10,000.00 in estimated
cost and that do not involve a change to the footprint, height,
number of stories or square footage of any building.
(2) Aesthetic modifications to exterior building color or finish when
not accompanied by any other site plan modification.
(3) New free standing signs not part of a site plan review application.
(c) (d) Pursuant to F.S. ch. 163, and Chapter 62 of the Village of Tequesta
Code of Ordinances, sit as the village's local planning agency.
(d) (e) 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:
(a) 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:
(1) The significance of the tree as a village landmark.
(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 authority o*. Recommendations of the planning 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 any matter brought before it for
consideration, 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 of the department of community development or any
other appropriate governmental agency regarding 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
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special studies, which are not captured by the application fee, the applicant shall
reimburse the village for all such costs not later than 30 days after being invoiced by the
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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.
(b) Final authority. The planning and zoning advisory board shall have final authority
as provided in Sec. 22- 53(b). An Order approving, approving with conditions, or
denying such applications shall be rendered by the chair as soon as practical.
Prior to taking any final action, 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 of the department of community development or any
other appropriate governmental agency regarding 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
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.
(c) Notice. Notice of public hearing shall be advertised a minim of ten days in
advance of all planning and zoning advisory board public hearings in a
newspaper of general circulation in the area
Sec. 22 -56. - Meetings; records.
Meetings of the planning and zoning advisory board shall be held at such times as
set by the 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 pursuant to Chapter 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 examinations and other official actions,
all of which shall be promptly filed in the office of the village clerk and shall be a public
record pursuant to Chapter 119, Florida Statutes.
Section 22 -57. - Filing fee, additional administrative fees.
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. Additionally, to cover any additional costs including, but
not limited to advertising costs, engineering fees, consulting fees, attorneys' fees and
special studies, which are not captured by the application fee, the applicant shall
reimburse the village for all such costs not later than 30 days after being invoiced by the
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Village. Failure to make such payment may be grounds for not issuing a building or
zoning permit, or certificate of occupancy or completion.
Secs. 22 -58- 22-80. - Reserved.
Division 3. - Supplemental Criteria and Procedural Rules
Sec. 22 -81. - Definitions.
Sec. 22 -82. - General requirements.
Sec. 22 -83. – External Ex4erie space.
Sec. 22 -84. - Landscaping.
Sec. 22 -85. - Parking lots.
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:
Appropriate to surroundings refers to the appearance of a building relative to its
surroundings, including into an orderly relationship with landscape and nature, other
buildings and open areas. Building scale and composition, related to adjacent properties,
is also important. Future surroundings must also be weighed. Advertising signs on
buildings must be appropriate to the surroundings in the same way.
Honest design construction concerns proper design of all work in its details, the
uses of weather resistant materials, etc. The term applies also to advertising. Poorly
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
decoration. It includes scale in relationship to adjacent buildings and landscape. It applies
to the interior character of the individual project. It applies in the same manner to
alterations and advertising on the project (building). 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.
Space.- means urban or external space, and is defined by the 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 review, and recommend final action
to the village council or take final action itself, pursuant to Sec. 22 -53, regarding
extensive staff or attorney time for any particular application must first be approved by
the village manager.
The general requirements are minimum aesthetic standards for all site
development, buildings, structures, or alterations within the village except in districts R-
1 A and R -1. It is required that site development, buildings or alterations, with the sole
exception of districts R- I A and R -1, show proper design concept, express honest design
construction and be appropriate to the surroundings.
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(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,, seale and location on the site shall enhance rather than detract
from the character, value, and attractiveness of the surroundings.
(2) Harmony with surroundings. 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 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 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 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 shall 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 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 wily 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.
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(10) Exterior 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 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 building or enclosed in a separate structure 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.
(13) Use of symbolic colors; exterior storage and display of merchandise. 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 tools be such that they can be used or installed at the
island. For example, an oil rack is acceptable, but a fire 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. — External space.
External space of the site should be designed 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 an external 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
external 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.
Landscape plans will be evaluated regarding their relationship to the existing
natural landscape, the existing and proposed developed landscape, including those on
adjacent properties and street rights -of -way, and the existing and proposed buildings.
(1) Preservation of existing natural landscape. The existing natural landscape
character should be preserved whenever possible. For example, an area
containing a stand of trees should be preserved by the developer to the
greatest extent possible and should be further landscaped in a
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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 similar 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. Placement of any such items
within the village's right -of -way is prohibited.
(3) Screening. One of the basic uses of landscaping will be to screen 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.
(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 project.
(6) Florida friendly landscaping. All landscaping shall comply with the
"Florida Friendly" requirements set forth in Chapter 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 external 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. Parking lot landscaping shall comply with the requirements of
Chapter 78, Article IX, Division 4. 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
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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, 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. 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 2: Each and every other Section and Subsection of Chapter 22. Community
Development. 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.
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Upon Second Reading this 11 day of July 2013, the foregoing Ordinance was offered by
Council Member Paterno who moved its adoption. The motion was seconded by Council
Member D'Ambra and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Abby Brennan X
Vice -Mayor Vince Arena X
Council Member Steve Okun X
Council Member Tom Paterno X
Council Member Frank D'Ambra X
The Mayor thereupon declared the Ordinance duly passed and adopted this 11 day of July 2013.
MAYOR OF TEQUESTA
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ATTEST:
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Lori McWilliams, MMC
Village Clerk py C�9p�'9C M : C/)
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