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Home My WebLink AboutDocumentation_Regular_Tab 4A_9/14/1989 • 9-k JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER • 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P.O.DRAWER E R.BRUCE JONES LARRY B.ALEXANDER BLAIR R.LITTLEJOHN.III WEST PALM BEACH, FLORIDA 33402-3475 1864-198E GEORGE H.BAILEY JOHN M.LNTOUX Y F.LILIENTHAL KEVIN C.BEUTTENMULLER JOHN BLAIR MCCRACKEN (�7I 6593000 HENRY 1982 MICHAEL D.BROWN TIMOTHY E.MONAGHAN FAX:(407)832-1454 MARGARET L.COOPER JOHN C.RANDOLPH REBECCA G.DOANE ANN MARIE 0.REIIONICO HARRY ALLISON JOHNSTON RANDY D.ELLISON ANDREW R.ROSS 1895I983 L MARTIN FLANAGAN STEVEN J.ROTHMAN LORI E.HANDELSMAN PETER A.SACHS RETIRED SCOTT G.HAWKINS JOEL T.STRAWN WILLIAM A.FOSTER THORNTON M.HENRY SIDNEY A.STUBBS.JR. WRITER'S DIRECT LINE: PETER S.HOLTON ALLEN R.TOMLINSON j HARRY A.JOHNSTON.II JOHN S.TRIMPER OTHER LOCATION J.A.JURGENS MICHAEL P.WALSH MARK B.KLEINFELD H.ADAMS WEAVER St N.E.FOURTH AVE. CHARLES B.KOVAL PAUL C.WOLFE DELRAY BEACH,FLORIDA 33483 MICHAEL T.KRANZ MARC S.WOOLF August 25 , 1989 Mr. Thomas G. Bradford Village Manager Village of Tequesta . Post Office Box 3273 Tequesta, Florida 33469-0273 r,�. 1 5' RE: Ordinance No. 390 Amending Zoning Ordinance No. 355 ;, ti Our File No. 13153 .1 -� Dear Tom: Pursuant to the direction of the Village Council, I have amended Ordinance No. 390 by including additional language at Section 3 , regarding boatlifts and mooring pilings. I have highlighted the addition for your easy reference. Very trul your o n C. Rand ph JCR/ss Enclosures /I G -IA ORDINANCE NO. 390 e4)\ - 10{' 1(' AN ORDINANCE OF THE VILLAGE COUNCIL OF THE �17:0 kd� VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONING ORDINANCE NO. 355 , Lb AS AMENDED, BY AMENDING SECTION VII, SCHEDULE OF SITE REGULATIONS BY PROVIDING FOR MINIMUM LANDSCAPE OPEN SPACE IN THE C-1, C-2 and (kgi ke C-3 ZONING DISTRICTS IN THE AMOUNT OF TWENTY-FIVE PERCENT; BY INCREASING THE MAXIMUM BUILDING HEIGHTS WITHIN THE C-2 ZONING DISTRICT TO FIVE STORIES/SEVENTY FEET IN HEIGHT; BY AMENDING THE MINIMUM SIDE YARD SETBACK REQUIREMENTS IN THE C-2 ZONING DISTRICT SO AS TO PROVIDE A MINIMUM SIDE YARD OF TEN FEET AND A MINIMUM OF TWENTY FEET AT INTERSECTING STREETS AND WHERE CONTIGUOUS TO NON-COMMERCIAL DISTRICTS; BY AMENDING THE MINIMUM FRONT YARD, SIDE YARD AND REAR YARD RQUIREMENTS SO AS TO INCREASE SAME BY FIVE FEET FOR EACH STORY ABOVE THE THIRD STORY WITHIN THE C-2 ZONING DISTRICT; BY AMENDING THE MAXIMUM LOT COVERAGE IN THE C-1, C-2 and C-3 ZONING DISTRICTS TO FORTY PERCENT; BY AMENDING SECTION IX-A, SUB-SECTION (E) RELATING TO PLANNED COMMERCIAL DEVELOPMENTS BY INCREASING PERMITTED BUILDING HEIGHTS TO SIX STORIES OR EIGHTY-FOUR FEET; BY AMENDING SECTION XVI (B) RELATING TO DOCK AND PIER LENGTH BY PROVIDING THAT MOORING DEVICES, BOAT LIFTS, DAVITS AND WHIPS SHALL NOT BE CONSIDERED IN COMPUTING LENGTH; PROVIDING FOR SEVERABILITY; 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: Section 1. Section VII, sub-section (C) , Schedule of Site Regulations, of the Official Zoning Code of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended within the Schedule of Site Regulations so as to provide as follows: (a) There is hereby added a new requirement for "minimum landscaped open space" in the C-1, C-2 and C-3 Zoning Districts so as to provide that there shall be minimum landscaped open space of twenty-five percent (25%) on properties located within the C-1, C-2 and C-3 Zoning Districts . (b) The maximum building height in the C-2 Zoning District is hereby amended so as to provide for a maximum building height of five (5 ) stories up to seventy feet (70 ' ) in height. A ( c) The minimum side yard setback is hereby amended within the C-2 Zoning District so as to provide a minimum side yard of ten feet (10 ' ) except that the side yard setback shall be twenty feet ( 20 ' ) at any intersecting street and where a property is contiguous with any non-commercial district. (d) Minimum front yard, side yard and rear yard requirements are hereby amended for four ( 4 ) story and five (5 ) story buildings located within the C-2 Zoning District so as to provide an additional five feet ( 5 ' ) for each story above three ( 3 ) stories for each of the front yard, side yard and rear yard requirements. (For example, where the minimum front yard requirement is twenty-five feet (25 ' ) , an additional five feet ( 5.' ) per story is added for buildings greater than three (3) stories in height, so that a five (5) story building shall have a minimum front yard of thirty-five feet ( 35 ' ) . Minimum side yards and minimum rear yards shall be adjusted in like fashion. ) (e ) The maximum lot coverage is hereby amended in the C-1, C-2 and C-3 Zoning Districts so as to provide a maximum lot coverage in each of those districts of forty percent (40%) . Section 2 . Section IX-A, sub-section (E) , paragraph (1) (b)_ of the Official Zoning Ordinance of the Village of Tequesta, Ordinance No. 355, as amended, is hereby amended to read as follows : " (b) Permitted Building Height. The allowable heights for buildings shall be the same as provided for in the C-2 Zoning District, however, at the discretion of the Village Council, building heights may be increased to a maximum of six (6) stories or eighty-four feet (84 ' ) ." Section 3. Section XVI (B) , Dock and Pier Length, Width and configuration, is hereby amended by adding thereto an additional item (8 ) to read as follows: " (8 ) Mooring devices such as boat lifts, davits and whips shall not be considered in computing the required length, width and configuration of docks or piers regulated by this Ordinance. Neither shall the reconstruction, alteration or new construction of mooring devices such as boat lifts, davits and whips be considered as structural alterations for purposes of determining whether or not said reconstruction, alteration or new construction is an extension of a non-conforming use. However, this exemption shall not apply to structural alterations which affect the length, width and configuration of a dock or pier, exclusive of the alteration of any mooring device affixed or accessory thereto. Boatlifts and mooring pilings outboard of docks and piers on waterways and canals of eighty-five feet ( 85 ' ) or less in width are not permitted. " -2- Section 4 . 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 5 . This Ordinance shall be codified and made a part of the Officidl Code of Ordinances of the Village of Tequesta. Section 6. This Ordinance shall take effect immediately upon its approval and passage as provided bylaw. THE FOREGOING ORDINANCE WAS OFFERED BY Councilmember , who moved its adoption. The • Ordinance was seconded by Councilmember , and upon being put to a vote,the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of 1989. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Bill C. Kascavelis Village Clerk -3-