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Home My WebLink AboutDocumentation_Regular_Tab 4H_5/13/1993 +. • ORDINANCE NO. 7 gG 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. Except for dwel a ng un1 t dcnaity, .lexibility 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 1Q be adhered to: I� L'1 4 !! 1. If a residentia land area is planned aSpart C '� dc� of the PCD, it awl not be platted until at changot` off least forty c/ percent of the total �a�„gtid�aG pcommercial land area has been platted. °� " 2. If residential dwellings are to be constructed Pg_Q na`° as part of a commercial building in a PCD, 0WA en- said residential dwellings shall be located �Aasr'l FW only within or as a integral part of the main KIf buildings, and shall not be issued a certificate of occupancy prior. to issuance of a certificate of occupancy for the commercial occupancy of said main buildings. 1 3. The gross density of any commercial and residential portion within a PCD shall not exceed dwelling units per gross acre oethat G� :3 poaon 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 dwelling units permitted in the PCD shall be computed on the basis of twe•l "'q A ' dwelling units per gross acre o tliat 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 preparation of a PCD application, or any future modification thereof subsequent to the initial review and approval, the development shall be guided by the regulations contained herein along with the site regulations, except for building or structure height requirements as set forth in paragraph (E) (1) (b) of this section, applicable to the specific zoning district within which the PCD is proposed or referenced by this section. However, as part of the review and approval process by the village, the village council may modify said regulations for the PCD, provided the spirit and intent of the zoning regulations are complied with in the total development of the PCD. The village council may, at its discretion, require adherence to established zoning district requirements within certain portions of the site if deemed necessary in order to maintain the spirit and intent of the zoning regulations. If dwelling units are to be combined as part of the PCD, under no circumstances shall the overall dwelling unit density exceed the maximum permitted density of twelve—(42) __' 1.. < dwelling units per gross acre of that' por on -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 , 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 , 1993. MAYOR OF TEQUESTA Ron T. Mackail ATTEST: Village Clerk JCR\131530RDVENSITY.PCD 3 JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR LARRY B.ALEXANDER JOHN BLAIR MOCRACKEN P.O. BOX 3475 HENRY F.UUENTHAL VINCENT J.ALTINO SCOTT L MCMULLEN WEST PALM BEACH,FLORIDA 33402-3475. 1502.1942 STEPHEN J.AUCAMP PAMELA A.MoNIERNEY (407)550-3000 HARRY AWSON JOHNSTON SCOTT M.COLTON TIMOTHY E.MONAGHAN 105-1 W3 JOYCE A.CONWAY JOHN C.RANDOLPH - FAX:(407)832-1454 JMARGARET L COOPER ANDREW ROSS iW{R.BRUCE JONES O BYRON R.CORNWELL STEVEN J.ROTHMAN REBECCA D.DOANE PETER A.SACHS J PAUL C.WOLFE CHRISTOPHER S.DUKE D.CULVER SMITH III 1933.1991 SCOTT G.HAWKINS JOEL T.STRAWN RED ETI FOSTER THORNTON M.HENRY SIDNEY A.STUBBS.JR. WRITERS DIRECT UNE: PETER S.HOLTON ALLEN R.TOMUNSON ,—I I ' . . WIW RETIRED E CHARLES J.INOBER JOHN 9.TRIMPER w OF COUNSEL MARK B.KLEINFELD MICHAEL P.WALSH • \ L MARTIN FLANAGAN MICHAEL T.KRANZ H.ADAMS WEAVER O JOHN M.I.ROU7( OTHER LOCATION VILLAGE OF N.E.FOURTH AVE. _ TEQUESTA A DELRAY BEACH.FLORIDA 33483 MAR 0 51993 March 4, 1993 VILLAGE MANAGER'S • OFFICE \ st Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Zoning Ordinance Amendment Increasing PCD to 18 DUs Our File No. 13153.1 Dear Tom: Pursuant to your request I have prepared a draft amendment to Section IX-A of the Zoning Ordinance relating to Planned Commercial Developments. This amendment proposes to increase the gross density from twelve dwelling units per acre to eighteen. By copy of this letter to Scott Ladd, I am requesting that he review this and advise me of any amendments, additions or deletions he deems necessary to this ordinance. Sincerely • • . Randolph JCR/ssm Enclosure cc: Scott D.Ladd