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HomeMy WebLinkAboutDocumentation_Regular_Tab 18_11/13/2008! ~. ~~ 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 11 /13/08 Meeting Type: Regular Ordinance #: 18-08 Consent Agenda: No Resolution #: ~ ~ ~ ~: ~ .- Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 18-08, First Reading, Amending Chapter 78. Zoning to include bakery as a permitted use in the (MU) Mixed Use District. 3. BUDGET /FINANCIAL IMPACT: Account #: ~ Amount of this item Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) It is necessary to amend the Code to allow this use since the section discussed at the previous Council Meeting, Section 78-180(m) only allows the Village Council to modify the property development standards for mixed use projects. a. ~-rrrcvvp-us: / Dept. Head:~~~~ ,' ~ r "~-c.~ ,-~ Finance Director: Reviewed for Financial ~' ^ ~' .,Sufficiency , ~~ ~ No Financial Impact`,, `~'~~~' Attorney: (for legal sufficiency) ~~f~~.X~,{Q~ ~~ ~ _ Yes No ^ p Village Manager: ~- • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: ^ • DENY ITEM: ^ Form amended 08/26/08 1 2 3 Routing Sheet Process Send ALL completed forms to Finance for review ONE WEEK prior to agenda items due into Clerk's Office. Finance sends Routing Sheet to Clerk by deadline. Clerk formulates agenda and sends to Manager for review /approval. ATTORNEYS AT LAW 1 t 1 1 Hypoluxo~~ ffRoad, Suite 207 fill./iiiii . l'~t~~ .~'~:F/ JOHN CORBET7 TELEPHONE (Sbl) SR6-7116 TRELA 1. WHITE TELECOPIER 1561) SR6-Otil t BRADLEY W BIGGS*^ KEITH W. DAMS*" * Stata Certifier! County and Cin;uit Court Mediator R. MAX LOHMAN** ** Certited County Court Mtxiiator MlCH,4EL STEINBAUM ^ Board Certified in City. County and Local Grnemment Law MEMORANDUM TO: Mayor Pat Watkins, Vice Mayor Calvin Turnquest and Councilmembers CC: Michael Couzzo, Village Manager FROM: Trela J. White, Esq. i DATE: September 15, 2008 ~ / RE: Zoning Code Revisions 1. I am certain everyone is aware that our office has been working on revisions to the Village's Zoning Code in order to clarify parking regulations, particularly as they relate to the parking of commercial vehicles on non-residential property. 2. This ordinance is proposed for Local Planning Agency ("LPA") Hearing and first reading at our next regular Council meeting to he held on November 13, 2008. 3. At the last Council meeting, there was discussion regarding the permitted use for "Bakery" in the Mixed Use ("MU") Zoning District which is currently not allowed. 4. Since we already are working on revisions to the zoning chapter, this use could be added by simply including it in our ordinance which is currently a work in progress. 5. It would be necessary to amend the code to allow this use since the section discussed at the previous Council meeting, Section 78-180(m), only allows the Village Council to modify the property development standards for mixed use projects as set forth in that subsection. Those development standards include: (1) Parking requirements; (2) Right-of--way width; (3) Drainage of streets and rights-of--way; (4) Schedule of site regulations (i.e. lot size, set backs, lot coverage, etc.); (5) Landscaping requirements; and (6) Signs. ~• .~ 6. Uses are not included in this list of items the Council has discretion to modify without a code change. 7. Thus, unless I hear otherwise, due to Council's comments, we will include the Bakery use in the MU Zoning District's list of Permitted Uses for a maximum size of thirty-five hundred (3,500) square feet, the same as all other commercial uses in that zoning district. If this course of action does not implement your desired result, please advise. Y dots T'equesla Lrners 8: Memos Council-Memo-7Aning Itevisions.doc 2 ORDINANCE NO. 18-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 78-180. MIXED USE DISTRICT. TO INCLUDE BAKERY AS A PERMITTED USE WITH SIZE RESTRICTIONS THE SAME AS OTHER PERMITTED USES IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. 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, current development trends in the Village have led the Village Council to believe that the Village's mixed use zoning district should be revised to allow bakeries with a maximum of 3,500 square feet of gross leasable area as a permitted use; and WHEREAS, such a use is a desirable addition to the Village's mixed use zoning district; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-180. MU Mixed use district. to allow bakeries with no more than 3,500 square feet of gross leasable space as a permitted use; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU mixed-use district. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Applicability of development regulations to mixed-use development. [This paragraph shall remain in full force and effect as previously adopted) (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously adopted] (d) General requirements and special regulations. [This paragraph shall remain in full force and effect as previously adopted] (e) Site plan review. [This paragraph shall remain in full force and effect as previously adopted] (f) Urban design principles. [This paragraph shall remain in full force and effect as previously adopted] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously adopted] (h) Permitted uses. Permitted uses in the mixed-use district are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multiple-family dwellings. (4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. l8) Bakeries. A maximum 3.500 sauare feet of aross leasable area is allowed for each tenant area or individually owned unit {8} ~9 Recreation/open space. (i) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] Q) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (k) Planned mixed-use development required. [This paragraph shall remain in full force and effect as previously adopted] (I) Prohibited uses. [This paragraph shall remain in full force and effect as previously adopted] (m) Property development standards. [This paragraph shall remain in full force and effect as previously adopted] Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith 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 become effective immediately upon passage. FIRST READING this 13th day of November, 2008. SECOND AND FINAL READING this 11th day of December, 2008. ORDINANCE NO. 18-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 78-180. MIXED USE DISTRICT. TO INCLUDE BAKERY AS A PERMITTED USE WITH SIZE RESTRICTIONS THE SAME AS OTHER PERMITTED USES IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. 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, current development trends in the Village have led the Village Council to believe that the Village's mixed use zoning district should be revised to allow bakeries with a maximum of 3,500 square feet of gross leasable area as a permitted use; and WHEREAS, such a use is a desirable addition to the Village's mixed use zoning district; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-180. MU Mixed use district. to allow bakeries with no more than 3,500 square feet of gross leasable space as a permitted use; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU mixed-use district. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Applicability of development regulations to mixed-use development. [This paragraph shall remain in full force and effect as previously adopted] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously adopted] (d) General requirements and special regulations. [This paragraph shall remain in full force and effect as previously adopted] (e) Site plan review. [This paragraph shall remain in full force and effect as previously adopted] (f) Urban design principles. [This paragraph shall remain in full force and effect as previously adopted] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously adopted] (h) Permitted uses. Permitted uses in the mixed-use district are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multiple-family dwellings. (4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (8) Bakeries. A maximum 3.500 sauare feet of aross leasable area is allowed for each tenant area or individually owned unit ~) ~9 Recreation/open space. (i) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] Q) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (k) Planned mixed-use development required. [This paragraph shall remain in full force and effect as previously adopted] (I) Prohibited uses. [This paragraph shall remain in full force and effect as previously adopted] (m) Property development standards. [This paragraph shall remain in full force and effect as previously adopted] Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith 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 become effective immediately upon passage. FIRST READING this 13th day of November, 2008. SECOND AND FINAL READING this 11th day of December, 2008. ORDINANCE NO. 18-08 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC. 78-180. MIXED USE DISTRICT. TO INCLUDE BAKERY AS A PERMITTED USE WITH SIZE RESTRICTIONS THE SAME AS OTHER PERMITTED USES IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. 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, current development trends in the Village have led the Village Council to believe that the Village's mixed use zoning district should be revised to allow bakeries with a maximum of 3,500 square feet of gross leasable area as a permitted use; and WHEREAS, such a use is a desirable addition to the Village's mixed use zoning district; and WHEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-180. MU Mixed use district. to allow bakeries with no more than 3,500 square feet of gross leasable space as a permitted use; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU mixed-use district. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Applicability of development regulations to mixed-use development. [This paragraph shall remain in full force and effect as previously adopted] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously adopted] (d) General requirements and special regulations. [This paragraph shall remain in full force and effect as previously adopted] (e) Site plan review. [This paragraph shall remain in full force and effect as previously adopted] (f) Urban design principles. [This paragraph shall remain in full force and effect as previously adopted] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously adopted] (h) Permitted uses. Permitted uses in the mixed-use district are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Multiple-family dwellings. (4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (81 Bakeries. A maximum 3.500 sauare feet of aross leasable area is allowed for each tenant area or individually owned unit {~} ~9 Recreation/open space. (i) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] Q) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (k) Planned mixed-use development required. [This paragraph shall remain in full force and effect as previously adopted] (I) Prohibited uses. [This paragraph shall remain in full force and effect as previously adopted] (m) Property development standards. [This paragraph shall remain in full force and effect as previously adopted] Section 2: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 3: All Ordinances or parts of Ordinances in conflict herewith 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 become effective immediately upon passage. FIRST READING this 13th day of November, 2008. SECOND AND FINAL READING this 11th day of December, 2008.