HomeMy WebLinkAboutOrdinance_465_02/10/1994~ 1
• 465
i.iR.t121~r~IVCE~ NO.
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEOUESTA, PALM BEACH COUNTY. FLORIDA. AMENDING ZONING
ORDINANCE N0. 355, AS AMENDED, BY AMENDING SECTION IV.
DEFINITIONS, BY AMENDING AND/OR ADDING CERTAIN
DEFINITIONS: BY AMENDING SECTION V. ESTABLISHMENT OF
DISTRICTS AND OFFICIAL ZONING MAP: BY ADDING AT
SUBSECTION (A), A NEW MIXED-USE DISTRICT; BY AMENDING
SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF
REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION <C),
SCHEDULE OF SITE REGULATIONS: BY AMENDING SECTION VII,
SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS.
SUBSECTION <D>, SCHEDULE OF DISTRICT AND USE
REGULATIONS, BY ADDING NEW PARAGRAPH (9), MIXED-USE
DISTRICT; BY AMENDING SECTION VIII, OFF-STREET PARKING
AND LOADING REGULATIONS; BY AMENDING SECTION X,
SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO
SEVERAL, OR TO ALL DISTRICTS, SUBSECTION (J>, SPECIAL
EXCEPTION USES, PARAGRAPH (2), CRITERIA, BY ADDING A NEW
REQUIREMENT <h); SUBSECTION <M), SITE PLAN: PREREQUISITE
TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH (1>;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
• PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEOUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Definitions. Section IV of the Official
Zoning Ordinance of the Village of Teauesta, Ordinance No. 355,
as amended, is hereby amended by adding new and or revised
definitions as follows:
1. Mixed-Use District. Mixed-use districts are urban
or suburban areas physically understood and limited
in size where residences, shops, workplaces, and
places in which streets serve the needs of the
pedestrian and the automobile equitably; areas
providing parks and plazas for informal social
activity and recreation; areas in which private
buildings form a clear edge between the public and
the private realms; places where civic buildings and
scruares reinforce the identity of the neighborhood.
2. Personal_ Ser_v__ices. Establishments primarily engaged
in providing services that involve the care of a
person or his or her appearance. Such services may
include, but are not necessarily limited to, beauty
• parlors, shops or salons, barber shops, massage
parlors, or any similar use that does not involve
the sale of any retail product.
Revised:
1-13-94
3. Small_._Sca.le___Ret.ai_l..__Sales,..&, Service. Retail and/or
service uses that are local (Village) serving in
nature as opposed to large scale retail sales and
services which are regional serving in nature.
Small scale retail sales and services shall not
exceed 3500 square feet in grass leasable area for
each tenant area or individually owned unit.
4. Larne Scale ttetail Sales ~ Services. Retail and/oz
service uses that are regional (beyond Village
limits) serving in nature as opuased to small scale
retail sales and services which are local (Village)
serving in nature. Large scale retail sales and
services are tenant areas or individually owned
units in excess of 3500 square feet.
~. B_ed an_d_ Breakfast. Most traditional neighborhood
ordinances! provide a site for the location of a
small hotel under "lodging". These are buildings
providing food services and rooms for short term
letting. It is not intended as a large strip motel
or urban luxury hotel, but rather as a small town
inn of the kind en~ovina resurgence all over the
country.
• 6. Railwav_____Stat.ion. Most pedestrian pocket ordinances
provide a reserved site for the location of a
railway station under "Transportation Building".
These are buildings for passenger mobilization, food
services, and premises for the repair, assembly or
fabrication of artifacts may also be allowed as
complementary functions within the same structure.
It is nat intended as a plastic terminal building of
the kind found in most suburban bus stations but as
a permanent structure that dignifies our existence.
7. Public Buildings and Facilities. Anv building held,
used, or controlled exclusively for public purposes
by any department or branch of government, federal,
state, county or municipal, without reference to the
ownership of the building or land upon which it is
situated.
~. Flanned .Mixed-Use DeveloQment___ < PMUD,> . A unif ied
development process that permits a mixture of land
uses to develop in a creative, vital and diverse
way. Residential, commercial and public buildings
and facilities are the primary uses in this
development approach. Neighborhood identity is
emphasized in mixed-use areas and responsible use of
the environment and natural features is required.
• All modes of traffic, including vehicular.
pedestrian, and bicycle are integrated into and
connect various uses. The mix and intensity of uses
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• and the Property Development Standards (with the
exception of building height which is limited to a
maximum six stories or 84 feet) can be fully
negotiated with the Village to provide optimum
development flexibility in mixed-use areas.
9. Flea Ma___r_ke_t. An occasional or periodic sales
activity held within a building, structure, or open
area where groups of individual sellers offer oroods,
new and used, for sale to the public, not to include
private parade sales or special indoor/outdoor.
events, i. e.: cultuLal events, arts and crafts fairs
or bazaars and charitable events.
Section Z. Section V of the Official Zoning Ordinance
of the Village of Tequesta, Ordinance No. 355, as amended, is
hereby amended by adding a new use district at Subsection <A>
identified as use district <9) to read as follows:
C9> MU - Mixed-Use District.
Sect___ion__3. Sect ion VII, Schedule of Regulations and
Application of Regulations, is hereby amended at Subsection <C>,
Schedule of Site Regulations, by adding district MU to the
schedule as follows:
District
MU CSee special general requirements, regulations, design
principles, design ob-iectives, and development standards
that apply in this district as set forth at Section
VII( D) C 9> of these regulations. )
Section 4. Section VII, Schedule of Regulations and
Application of Regulations, is hereby amended at Subsection (D>,
Schedule of District and Use Regulations, by adding new
paragraph (9>, Mixed-Use District, as follows:
C9> MU - Mixed-use District.
(a) The purpose and intent of the mixed-use district
is to establish a Village Center which creates a
vital, diverse core for the principles which
utilize mixed-use development concepts and which
permit a combination of usually separated uses
within a unified development district area.
Natural features should be enhanced and
environmental conditions carefully assessed.
Commercial uses are intended to be limited to
specialty small scale retail sales and services,
business services and professional services
• primarily designed to serve residential
neighborhoods of the Village. Orientation to
and compatibility with neighborhoods to be
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• served are essential. Residential uses are
intended to encourage the accomplishment of a
more complete residential living environment
through the application of imaginative
approaches to community development which
establish neicrhborhood identity and focus
consistent with values of the Village of
Tequesta. It is further the purpose and intent
of this area to provide lands for a range of
residential uses from lower density single-
family to higher density residential uses.
Traffic circulation should not only accommodate
vehicular traffic, but provide for the efficient
movement of pedestrian and bicycle traffic.
t b> Scope of District.
1. Although mixed-use development produced in
compliance with these provisions and
requirements and other regulations as set
forth and detailed in this Zoning Ordinance
may depart from the strict application of
property development regulations expressed
in this Ordinance, such developments are to
be in compliance with the Village of
• Tequesta Comprehensive Development Plan and
platted of record in accordance with the
procedures for approval of subdivision plats
in the Village of Tequesta Subdivision
Regulations. The mixed-use development
provisions set forth in this Section shall
be utilized in the review of all future
development proposals for the special
planning area as ident if ied in Policy 1. 12. 1
of the Future Land Use Element, as
designated on the Future Land Use Map
contained in the Village of Tequesta
Gomprehensive Development Plan and as
identified on the Village of Tequesta
Comprehensive Zoning Map as District MU.
tc) Conflict with Other Applicable Regulations.
1. Where conflicts exist between these mixed-
use district special regulations and general
zoning, subdivision and other applicable
ordinance provisions, these special
regulations shall apply.
<d) General Requirements and Special Regulations.
• 1. The following general requirements and
special regulations shall apply to planned
mixed-use development within the mixed-use
d15tr1Gt:
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a. Location. A planned mixed-use develop-
ment is permitted only in the special
planning district identified by Policy
1. 12. 1 of the Future Land Use Element,
as designated on the Future Land Use Map
contained within the Village of Tequesta
Comprehensive Development Plan and as
identified on the Village of Tequesta
Comprehensive Zoning Map as District MU.
b. Conf igurat ion of Site. Any tract of
land for which a planned mixed-use
development application is made shall
contain sufficient width, depth, and
frontage on a publicly dedicated
arterial or major street or appropriate
access thereto to adequately accommodate
its proposed use and design.
c. Unity of Title. All land included for
puzpose of development within a planned
mixed-use development shall be under
Unity of Title of the petitioner for
• such zoning designation, whether that
petitioner be an individual, partnership
or corporation, or a group of
individuals, partnerships or
corporations. The petitioner shall
present firm evidence of the Unity of
Title of the entire area within the
proposed planned mixed-use development
and shall state agreement that, if he
proceeds with the proposed development,
he will:
(1> Do so in accord with the officially
approved site plan of the
development, and such other
conditions or modifications as may
be attached to the approval.
<2> Provide agreements, covenants,
contracts, deed restrictions or
sureties acceptable to the Village
for completion of the undertaking in
accordance with the approved site
plan as well as for the continuing
operation and maintenance of such
areas, functions, and facilities as
• are not to be provided, operated or
maintained at general public
expense.
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C3> Hind his development successors in
title to any commitments made under
( 1) and (2> above.
d. Dens ity. For the purpose of this
provision, if dwelling units are to be
developed as part of a proposed
development within the mixed-use
district, the total number of dwelling
units permitted in the mixed-use
district shall be computed on the basis
of eighteen fld> dwelling units per
gross acre for all residential uses with
the exception of ACLF's which shall be
computed on the basis of twenty-four
(24) dwelling units per gross acre.
e. Building Height. The maximum building
heiarht allowed shall be six (6> stories
or e ighty-four f eet < 84' > above average
finish grade.
Ce> Site Plan Review.
• In adherence to Policy 1. 12. 1 of the Vil lase of
Teguesta Comprehensive Development Plan Future Land
Use Element, all proposed development plans for the
mixed-use district shall be subiect to review and
approval by the Village Council.
<f> Urban Design Principles.
1. The following urban design principles shall be
considered as guidelines in all development
proposals of the mixed-use district.
a. That mixed-use promotes economic and social
well-being.
b. The streets serve the needs of the
pedestrian and the automobile.
c. That proposed squares and plazas provide
collective identity and a place for social
activity and recreation.
d. That public buildings, facilities, and
spaces are symbols of the community and
convey identity and pride through their
• architectural clarity and civic functions.
e. That carefully placed buildings delineate
and define public spaces and lots and
blocks.
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f. That streets are designed and act as
amenities to the development and as quality
public space.
(g> Urban Design Objectives.
1. The following urban design objectives shall be
considered as guidelines in all development
proposals of the mixed-use district.
•
a. To bring many of the activities of daily
living, including dwelling, shopping and
other activities, within walking distance.
b. To reduce the number and length of
automobile trips to relieve traffic
congestion.
c. To provide internal vehicular circulation to
relieve traffic impact on arterial roads.
d. To provide defined public spaces and streets
that allow the citizens to observe and watch
over the collective security.
e. To provide sites for civic buildings.
f. Ta provide flexibility for the development
strategies that evolve over time.
•
<h) Permitted Uses.
1. Single-family dwellings.
2. Two-family dwellings.
3. Multiple-family dwellings.
~ 4. Small-scale retail sales and service.
~ 5. Business services.
~ 6. Professional services.
* 7. Personal services.
8. Recreation/Open Space.
~ Maximum 3500 square feet gross leasable area allowed
for each tenant area or individually owned unit.
<i> Special Exception Uses.
1. Restaurants (including carry-out>
2. Fublic buildings and facilities.
3. Church/House of Worship.
4. Civic/cultural/institutional.
5. Bed and breakfast.
6. Hotel
7. Adult congregate living facility <ACLF>.
8. Gasoline service station (only fronting on U. S.
Hwy. One>.
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9. Private clubs.
10. Railway station.
11. Planned residential development <PRD>.
12. Planned commercial development (PCD>.
13. Permitted Uses Numbers 4, 5, 6. 7 & 8 in excess
of 3500 square feet <large scale retail sales
and services) which are in conformity with the
intent and integrity of the District.
( -i ) Accessory Uses.
1. Any accessorv use customarily incidental to a
permitted use.
2. Private garages, swimming
tubs, cabanas and saunas,
courts, clubhouse, utility
and any other similar use
the Building Official.
u
pools, spas and hot
greenhouses, tennis
buildings, gazebos,
deemed appropriate by
<k> Planned Mixed-Use Development (PMUD).
1. Required for all permitted, special exception,
and accessory uses within the mixed-use district
except lots or parcels of less than three <3>
acres.
(1> Prohibited Uses.
1. Wholesale.
2. Warehouses.
3. Car wash (that is not an accessory use>.
4. Motel.
5. Motor vehicle dealer.
6. Pawn shop.
7. Full service fuel station/gasoline service
station.
S. Flea markets - indoor or outdoor.
9. Automobile repair facilities, including garages
and body shops.
10. Kennels or pet hospitals with boarding
facilities.
11. Any other use or structure not specifically or
by reasonable implication permitted herein as a
permitted use, special exception use or
accessory use.
(m> Property Development Standards.
Property development standards for the mixed-use
district shall be as set forth below. However, as
• part of the review and approval process by the
Village, the Village Council may modify the property
development standards, at its discretion, provided
the spirit and intent of the regulations and
standards are complied with in the development of
the mixed-use district.
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1. Parkinv Requirements. On-street and off-street
parking shall be allowed within the mixed-use
district and the minimum number of required
parkins spaces to be provided may include a
combination of on-street and off-street spaces.
When using on-street parking to meet a portion
of the required parking for a proposed project.
only those spaces that lie within the street
frontage areas of the property may be included
in the total calculations for meeting the
minimum required parking requirements.
2. Streets/Rights-of-Way. The minimum width of
rights-of-ways within the MU district are as
follows:
a. Ma-ior street (col lector street) - Fifty < 50' > feet.
b. Minor street (collector street) - Fifty t 50' > feet if
two-way street.
Forty-two (42' > feet
if one-way street.
3. Drainage (streets/rights-of-way>. Raised curb
• and nutter drainage systems shall be the
preferred method utilized within the MU
district. Alternate drainage systems shall be
approved at the discretion of the ~lillacre
Council durinct the site plan review process for
a proposed planned mixed-use development <PMUD).
4. Schedule of Site Regulations.
a. Minimum lot size: 3200 square feet
b. Minimum lot width: 40' ( feet)
c. Maximum lot coverage:
Residential - 62~ (percent)
Commercial 60~5<percent) for a single
minimum sized lot.
- 70Rs(percent) for two or more lots
or parcels in excess of the
minimum sized lot under unity-
of-title.
d. Minimum front yard setback:
• Residential _ 10' ( feet)
Commercial 0' (feet)
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e. Minimum side vard setback:
Res ident ial - 0'
7'
Commercial - 0'
7'
f. Minimum rear vard setback:
(feet ) on one s ids
{feet) on remaining side
{feet) on both sides where
commercial abuts commercial
{feet) where commercial abuts
residential
Residential - 10' {feet)
Commercial - 0' (feet) where commercial abuts
commercial
- 10' (feet) where commercial abuts
residential
Q. Minimum living area requirements: Not applicable.
h. Minimum landscaped/open space:
Residential - 25~ (percent)
Commercial - 254s(percent>
Sec_t_io_ n_5. Section VIII, Off-Street Parkino and Loading
Rectulations, is herebv amended at Subsection <H>, Off-Street
Parking Space Requirements, by amending Subsection <H> to read
as follows:
<H) Off-Street FarkinQ Space Requirements. (Certain of
these requirements may be in conflict with the
special parkinct requirements set forth in the
Property Development Standards for use within the
MU, Mixed-use District. Where a conflict exists,
the Property Development Standards of the MU
District shall applv.>
Section., 6. Section X, Supplemental Regulations applying
to a specific, to several or to all districts, is hereby amended
at Subsection <M>, Site Plan; Prerequisite to Building Permit
issuance, by amending Paragraph C1> to read as follows:
{ 1) Site Plan Review. By the terms of this Ordinance,
all permitted uses in all zoning districts, except R-
lA and R-1; all special exception uses as approved
by the Village Council: all planned residential
development <PRD>, planned commercial development
<PCD>, planned mixed-use development (PMUD>: all
miscellaneous development and redevelopment: all
subdivisions: and, all uses or construction lying
partially or entirely in special flood hazard areas
shall:
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S_ec_tion 7. Severability. If anv provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications
of this Ordinance which can be coven effect without the invalid
provisions or applications, and to this end, the provisions of
this Ordinance are herebv declared severable.
Sectivn_8. Codification. This Ordinance shall be
codif ied and! made a part of the Official Code of 0=dinances of
the Villacte of Tequesta.
Section 9. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided by
1 aw.
THE FOREGOING ORDINANCE was offered by
Councilmember _ Collings who moved its
adoption. ________ _
The Ordinance _
was seconded by
Councilmember __ Capretta___ _____ __~~ and upon being put
to a vote, the vote was as follows:
FOR ADOPTION_
jti'illiam E. Burckart
Ron T. 1~lackail
Elizabeth A. Schauer
Joseph N. Capxetta
Earl L. Collings
AGAINST ADOPTION.
The Mayor thereupon declared the Ordinance duly passed
and adopted this ___ l.Oth_ day of ___.__February ________, lg9q. ,
ATTEST:
V llage Clerk
MAYOR OF TE4UES'I'A
Ron T. Mackail