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HomeMy WebLinkAboutOrdinance_456_05/27/1993NO. 456 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING ORDINANCE NO. 355, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE VILLAGE OF TEQUESTA, AT SECTION IX-A RELATING TO PLANNED COMMERCIAL DEVELOPMENTS SO AS TO PROVIDE A PERMITTED DENSITY OF EIGHTEEN (18) DWELLING UNITS PER ACRE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Ordinance No. 355, the Comprehensive Zoning Ordinance of the Village of Tequesta, is hereby amended at Section IX-A, Planned Commercial Developments (PCD), as follows: Section 1. Paragraph (D), Special Definitions, is hereby amended at Item (1)(a) to read as follows: "(a) Planned commercial development (PCD). A contiguous tract of land which functions as a self-contained and readily identifiable development which accommodates a variety of predetermined commercial and residential uses and/or mix of said uses in well planned development. An increased use of open space and common areas is encouraged to compliment the overall development. Flexibility of site design allows for deviation from standard site development regulations of the zoning district in which the development is located. PCD's not only allow for combining various building types and uses, but also allows for compatible mixed use within buildings and structures through an approved architectural style. The entire land area of a PCD is under unity of title planned and designed to be developed in a single operation or by a series of prescheduled development phases according to an officially approved site plan which is subject to the site plan review process." Section 2. Paragraph (E), General Requirements and Special Regulations, is hereby amended at Item (1)(i), to read as follows: "(i) Development phasing controls: Should a planned commercial development be constructed in phases, in addition to the requirements of Section X(M) of this zoning ordinance, the following sequence must be adhered to: 1. If a residential land area is planned as part of the PCD, it may be platted with or without the platting of any commercial land area. 2. If residential dwellings are to be constructed as part of a commercial building in a PCD, said residential dwellings may be located within or as a integral part of the main buildings, however, said residential dwellings shall not be issued a certificate of occupancy prior to issuance of a certificate of occupancy for the commercial occupancy of said main buildings. Ci 1 • 3. The gross density of any commercial and residential portion within a PCD shall not exceed eighteen (18) dwelling units per gross acre of that portion of the PCD platted for commercial and residential area, as set forth in paragraph (j)1 below." Section 3. Paragraph (E), entitled General Requirements and Special Regulations, is hereby amended at Item (1)(1), to read as follows: "(1) Total residential dwelling unit computation: 1. For the purpose of this provision, if dwelling units are to be developed as part of a PCD, the total number of d:.~elling units permitted in the PCD shall be computed on the basis of eighteen (18) dwelling units per gross acre of that portion of the PCD which is platted as commercial and residential area." Section 4. Paragraph (F), Property Development Regulations, is hereby amended at Item (1) to read as follows: (1) As a basis for the pr application, or any future subsequent to the initial re development shall be guide contained herein along with except for building o requirements as set forth in this section, applicable t district within which the referenced by this section. the review and approval pros village council may modify s; PCD, provided the spirit an~ regulations are complied development. of the PCD. Th at its discretion, require ac zoning district requirem portions of the site if dee to maintain the spirit and regulations. If dwelling ur as part of the PCD, under the overall dwelling unit eparation of a PCD modification thereof view and approval, the d by the regulations the site regulations, structure height paragraph (E)(1)(b) of > the specific zoning PCD is proposed or However, as part of ;ss by the village, the yid regulations for the t intent of the zoning with in the total village council may, lherence to established ants within certain ned necessary in order intent of the zoning its are to be combined io circumstances shall density exceed the • maximum permitted density of eighteen (18) dwelling units per gross acre of that portion of the PCD platted as commercial and residential area." Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 6. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequesta. Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. 2 THE FOREGOING ORDINANCE was offered by Councilmember Collings , who moved its adoption. The Ordinance was seconded by Councilmember Schauer and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION jVilliam E. Burckart Joseph N. Capretta Elizabeth A. Schauer _Earl L. Collings The Mayor thereupon declared the Ordinance duly passed and adopted this ~7rh day of P~av 1993. MAYOR OF TEQUESTA ATTEST: Vi age Clerk JCR\131530RD\DENSITY.PCD on Mackail 3