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HomeMy WebLinkAboutOrdinance_599_05/12/20051 • ORDINANCE N0.599 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; ADOPTING A NEW CHAPTER 7, ADOPTING A NEW CHAPTER 22, IN ITS ENTIRETY AS COMMUNITY DEVELOPMENT; AMENDING DIVISION 2. PLANNING AND ZONING 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. IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council of the Village of Tequesta hereby repeals Ordinance 583 in entirety, and replacing Ordinance 583 with Ordinance 599, in its entirety. Section 2. Adopting Chapter 22, Community Development, as specified in the 2004 r~codification of the Village of Tequesta Code of Ordinances. Section 3. Amending Division 3, Supplement Criteria and Procedural Rules, to add language Section 22-82, General Requirements regazding the Planning and Zoning Advisory Board. Section 22-51. Creation, Members, Terms, Appointment. Planning and Zoning Advisory Boazd 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 Boazd Members. • • i~ 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 Boazd, in that order, at meetings of the Board when necessary to ensure that each application receives consideration by a full Boazd. C) Terms of Office. Of the regulaz 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) yeazs (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) yeaz, and one (1) shall serve for two (2) years (as determined by lot). Thereafter, alternate members shall be appointed fortwo-yeaz terms. D) Voting. A majority of the Boazd (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 regazding ethical behavior. Vacancies in the Boazd 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 the fiscal year of the Village, shall constitute cause for automatic dismissal from the Boazd. Section 22-52.Organization, Qualification of members. Board shall select its own chair and vice-chair annually at the first meeting of the calendar year. Director of the Department of Community Development or his designated representative shall as Clerk to the Board. All members of the Planning and Zoning Advisory Boazd shall be ified electors of the Village.. 2 Section 22-53. Authority. Planning and Zoning Advisory Boazd shall have general authority (provided that, in order to ide for proper budgetary allocations, any request requiring extensive staff or attorney time must 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 and requirements of Section X (1V1), 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 development 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. h. Any other reviews, related to planning, zoning and development specifically requested of the Planning and Zoning Advisory Boazd by the Village Council. (4) Review and recommend to Village Council regazding proposed condemnations. • Planning and Zoning Advisory Board may adopt such rules and procedures as are necessary to arm its duties. 3 Sec. 22-54. Powers and Duties as Official Tree Board of the Village. • • • addition to the functions provided pursuant to the other provisions of this chapter, the Planning d Zoning Advisory Boazd shall constitute the official Tree Boazd of the Village of Tequesta and as ;,h 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 prepaze 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 Boazd 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 22-55. Duties and Responsibilities. ;ommended actions of the Planning and Zoning Advisory Board shall be recorded in written form transmittal to the Village Council. ~r to adoption of a recommendation with respect to an application, the Planning and Zoning ~isory 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 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 standazds 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 22-56. Meetings; Records. Planning and Zoning Advisory Board shall adopt rules of procedure for the conduct of it's less, consistent with the provisions of this Ordinance. Meetings of the Board shall be held the 4 t Thursday of each month at 6:30 p.m., or if a conflict exists on this normal meeting date, an ernate meeting date shall be established by the Planning and Zoning Advisory Boazd chairman. e chairman, or in his absence, the vice chairman or acting chairman, may compel the attendance witnesses. All meetings of the Board and its files or records shall be open to the public. e Planning and Zoning Advisory Board shall also keep minutes of its proceedings, showing the to of each member upon each question, or, if absent, indicating such fact, and shall keep records of i examinations and other official actions, all of which shall be immediately filed in the office of the azd and shall be a public record. Section 22- 57. Filing Fee. ~n filing an application to the Planning and zoning advisory board, the applicant shall pay a fee to Village at the time of filing of such application. Said fee shall be in an amount as established and ended by resolution of the Village Council, shall not be reimbursable, and is intended to defray costs of administering, processing and reviewing the application. 3. SUPPLEMENTAL CRITERIA AND PROCEDURAL RULES Sec. 22-81. Definitions. e following words, terms and phrases, when used in this division, shall have the meanings ribed to them in this section, except where the context cleazly indicates a different meaning: • Appropriate to surroundings does not mean uniformity in style or subordination to existing ildings, but rather applies to bringing new buildings into an orderly relationship with landscape d nature, other buildings and open areas. Again, scale and composition come into importance, r ated here to adjacent properties. Surroundings are not only the buildings within a neighborhood, t shall be considered as the total picture. Future surroundings must also be weighed.. Advertising s 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 istant materials, etc. The term applies also to advertising. Cheap and poorly designed work must ays be discouraged. Proper design concepts refers to architectural planning and to the analysis of the whole structure i terms of forms and composition, color, materials, and surface decoration. It includes scale in lationship to the scale of adjacent buildings and landscape. It applies to inner character of the i dividual project. It applies in the same manner to alterations and advertising on the project uilding). 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 'Iding. Proportion is closely tied to the scale of a building. Scale. means the character of any azchitectural work is determined both in its internal space and i i its external volume by the fundamental factor of a scale, the relation between the dimensions of a 'lding 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 lage, in the streets, squares, alleys and pazks, in the playgrounds and in the gardens, wherever man defined or limited a void and so has created an enclosed space. If in the interior of a building, 5 s e is defined by six planes (floor, ceiling and four walls). This does not mean that a void enclosed • five planes instead of six, as, for example (a roofless) courtyard or public square, cannot be r arded with equal validity as space. All urban space wherever the view is screened off, whether by s ne walls or rows of trees or embankments, presents the same features we find in architectural s ce. Every building creates two kinds of space: its internal space, completely defined by the 'lding itself, and its external or urban space, defined by that building and the others around it. All 'ects--bridges, fountains, groups of trees, walls, and in particular, the facades of buildings--are ught into play in the creation of urban space. • • Sec. 22-82. General requirements. e Planning and Zoning Advisory Board shall have the authority to require that all site plans in all ung areas, except in districts R-la and Rl, comply with Division 3 of Chapter 22. If needed The uuung and Zoning Advisory Board shall have general authority (in order to provide for proper igetary allocations, any request requiring extensive staff or attorney time must first be approved the Village Manager) to implement this authority. general requirements are minimum esthetic standards for all site development, buildings, lures, or alterations within the village except in districts R-lA and R-1. It is required that site opment, buildings or alterations, with the sole exception of districts R-lA and R-l, show ;r 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 azea 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) Harmorry 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 tv 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 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 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 project and neighborhood. 6 (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 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. (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 far 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 mufrlers, tires, packing crates or cases, refuse and garbage shall be screened from adjacent property and from the public view. Sec. 22-83. Exterior space. scale of exterior space is to be relative to its neighborhood, adjacent properties, buildings, access ads and pedestrian routes) and its activity. Building facades enclosing a space must be monious. Where, because of their use or age, like facades are not possible, consideration should taken to unify the walls of the space by the application of landscaping, or manmade objects of ;design, at modular spacing. The floor of a space is of primary importance; its materials, texture l color, contour and shadow on it are to be considered, not only in relation to the space, but to its • u s ing. Natural vistas must be surveyed and planning steps aze to be taken to preserve them to the . atest extent. Careful consideration as to future development shall be given to vistas which open i o undeveloped areas. Sec. 22-84. Landscaping. o much emphasis cannot be placed upon landscaping as a means of achieving beauty in the mmunity. In some projects and areas it will be the primary tool available. The village, with its s btropical vegetation and characteristics, is blessed with diverse areas of native plants and terrain to s e as guides and models. It is the desire to the community appearance boazd that landscape design d planning become more integrated with the overall azea design concept and not be considered rely as an afterthought. Toward this end, proposed landscaping schemes will be evaluated as to it relationship to the existing natural landscape, the existing and proposed man-developed 1 dscape, including those on adjacent properties and street rights-of--way, and the buildings existing d proposed. (1) Preservation of existing natural landscape. The community appearance boazd strongly feels that the existing natural landscape character should be preserved whenever possible. As an example of this, the boazd 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 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. (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. (4) View from other areas. Landscaping shall be designed in such a manner as to impart its aesthetic character when viewed from any azea 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 boazd shall become efI"ective and/or attain the size or height indicated within one year from the date of the certificate of occupancy of the project. Sec. 22-$5. Parking lots. (a) General standards, Pazking lots aze 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 • u a responsibility towazd 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 a: at eye level, should be designed accordingly. (b) Screening. Parking lots and their pazked automobiles aze 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 pazking lot is to be pazk-like rather than the harsh hazdstand of paving. Fifteen percent minimum of the gross pazking area is to be devoted to living landscaping, which includes grass, ground cover, plants, shrubs and trees. Trees aze of primary importance in the landscape. They aze 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 are 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 trafflic, 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 aprison- like atmosphere. Low lights of a human scale can be used along with feature lighting • emphasizing plants, trees, barriers, entrances, exits, etc. The fixtures aze 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 such invalidity shall not affect the other provisions or applications of this Ordinance which be given effect without the invalid provisions or applications, and to this end, the provisions of Ordinance aze hereby declared severable. Section 5. Repeal of Ordinances in Conflict. All other ordinances of the Village of Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby Section 6. Codification. This Ordinance shall be codified and made a part of the ofFicial of Ordinances of the Village of Tequesta. ~ ii a Section 7. Effective Date. This Ordinance shall take effect immediately upon its passage • arld approval, as provided by law. FOREGOING ORDINANCE was offered by Vice Mayor Watkins, who moved its adoption. Ordinance was seconded by Council Member Resnik, and upon being put to a vote, the vote was follows: FOR ADOPTION Jim Humpage Pat Watkins Geraldine A. Genco Edward D. Resnik Tom Paterno AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly p assed and adopted this 12~' day of May, 2005. ~ ~ ~~v ~ ~'p ~R Q(~ ~~~ ~ O ~4 ~ -'~ SEAL :D= MAYOR OF TEQUESTA INCORPORATED: ~~~ ~~ ~ii~~~F~ F~ ~~~ ,~.~ Jim H pa TTEST: Gwen Carlisle Village Clerk ii ,a