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HomeMy WebLinkAboutDocumentation_Workshop_Tab 03_4/29/2024 Agenda Item #3. Workshop STAFF MEMO Meeting: Workshop - Apr 29 2024 Staff Contact: Jay Hubsch Department: Community Development ITOMM Discussion on Commercial Zoning Overlay's The Village of Tequesta has over recent years felt increasing development pressure for residential and mixed-use development. As a result, the Village Council contracted with the Treasure Coast Regional Planning Council ("TCRPC") in November 2021 to review the Village's land development regulations. The TCRPC was tasked with engaging the public and using that input to develop a master plan for the development and redevelopment of the Village's commercial corridors and mixed- use areas. On Saturday April 9, 2022, the TCRPC team kicked off a five-day public design charrette at the Village Council chambers. The TCRPC then created a draft Commercial Corridor Master Plan ("Master Plan"), which was publicly reviewed at Village Council meetings on August 22, 2022, and October 3, 2022. The Master Plan was formally adopted by Village Council on November 10, 2022. The Master Plan has numerous recommendations for updates to the Village's land development regulations. These include restrictions on formula-based uses, provision of civic open spaces, revised facade, setback, and parking concepts, and the creation of overlay districts. Since adoption of the Master Plan, Village planning staff and planning consultant Chen Moore & Associates have undertaken the task of creating land development regulation amendments and have created three separate overlay zones. Publicly noticed workshops were held with the Village Council on May 30, 2023, July 31, 2023, October 30, 2023, December 4, 2023, and January 29, 2024, to review the Master Plan recommendations and draft versions of the revised land development regulations. Ordinance 01-24 (Zoning Overlay Code) was brought forward to the Local Planning Agency ("LPA") on March 21, 2024, for a recommendation to the Village Council. The LPA voted 5-0 to recommend approval of Ordinance 01- 24. When the Ordinance came before the Village Council on April 11, 2024, some commercial property owners spoke to the Council about the need to further workshop the code with the business community. Village Council agreed and requested that staff reach out to the Tequesta business community and invite them to a future workshop with Council. Village staff sent an email invite to approximately 350 registered businesses and commercial property owners in the Village for the April 29th workshop meeting. Additionally, letters were mailed to approximately 60 commercial property owners inviting them to the meeting. Finally, Village staff have updated the Master Plan webpage to provide more detail about the proposed Ordinance and overlays. This information can be found at the following link: https://www.teguesta.org/1520/Community-Vision-and- Master-Plan Page 82 of 165 Agenda Item #3. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • • BUDGET AMOUNT n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a FUNDING SOURCES: n/a IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONn/a Draft Zoning Overlay Code Public Notice Commercial Overlay-Flyer Zoning Overlay Powerpoint Page 83 of 165 Agenda Item #3. ORDINANCE NO. 01-24 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS," "FORMULA RESTAURANT," "OVERLAY DISTRICT," "FACADE TRANSPARENCY," AND "CIVIC OPEN SPACE;" 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON- CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-178 C3 GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING, AND RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY DISTRICTS." WITH NEW CODE SECTIONS 78-201 THROUGH 78-204; ADOPTING SEC. 78- 201 "TEQUESTA DRIVE OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN 1 Page 84 of 165 Agenda Item #3. FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION 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, not unlike many other local governments in Palm Beach County, the Village of Tequesta has, over recent years, felt increasing development pressure for residential, including mixed-use, development; and WHEREAS, while the Village of Tequesta currently has a Mixed-Use Zoning District by name, it does not function as a traditional mixed use zone, having developed with adjacent but separate and more traditional areas of residential and commercial uses as opposed to blending these uses into one area; and WHEREAS, commercially zoned areas have also been, and continue to be, pursued for residential redevelopment through the "Live Local Act" recently adopted by the State Legislature, and other re-development; and WHEREAS, these recent development trends gave cause to the Village Council to be concerned that the Village's current zoning map designations and land development code text regulations are in need of re-evaluation and update to provide clearer direction on the community's expectations for future growth; and WHEREAS, as a result, in November 2021 the Village Council of the Village of Tequesta contracted with the Treasure Coast Regional Planning Council (TCRPC) to review existing Village land development regulations, engage the public including land owners and other interested stakeholders in a public design charrette process, and develop a master plan which creates a vision for the development and re-development of the commercial corridors and mixed-use areas within the Village; and WHEREAS, On Saturday April 9, 2022, the TCRPC team kicked off a five-day public design charrette held at the Tequesta Village Council chambers, which culminated two months of pre-charrette stakeholder interviews, as well as meetings with the Charrette Host Committee to organize the logistics of the effort; and WHEREAS, On Wednesday, April 13, 2022 a work-in-progress public presentation 2 Page 85 of 165 Agenda Item #3. was given to illustrate work to date and solicit even more public input from property owners, stakeholders and other interested persons; and WHEREAS, during publicly noticed meetings on August 22, 2022 and October 3, 2022, the Village Council publicly reviewed and commented on draft versions of the Commercial Corridor Master Plan; and WHEREAS, on November 10, 2022, the Village Council of the Village of Tequesta formally adopted the final version of the Commercial Corridor Master Plan; and WHEREAS, the final adopted Commercial Corridor Master Plan contains data and recommendations for implementation, with emphasis on amendments to land development regulations that include restrictions on formula based uses, provision for civic spaces, and revised fagade, setback, and parking concepts, and the creation of overlay districts to accomplish the implementation of the vision contained therein, which started with input from Tequesta residents, commercial corridor and mixed use land owners, and other stakeholders and interested persons; and WHEREAS, Village of Tequesta Planning staff and planning consultant, Chen Moore & Associates, has, since the adoption of the Commercial Corridor Master Plan by the Village Council, undertaken the task of creating land development regulation amendments establishing three separate overlay zones which implement many of the Commercial Corridor Master Plan recommendations; and WHEREAS during publicly noticed meetings on May 30, 2023, July 31, 2023, October 30, 2023, December 4, 2023, and January 29, 2024 the Village's Planning Consultants, Chen Moore &Associates presented a draft land development overlay code and explained how said overlay code amendments would implement the Commercial Corridor Master Plan into Village code; and WHEREAS, the Village Council now desires to amend its land development regulations by adopting the overlay code amendments prepared by Village staff and the Village's planning Consultant Chen Moore &Associates; and WHEREAS, the Village of Tequesta Planning & Zoning Board, sitting as the Local Planning Agency, conducted a public hearing on March 21 , 2024 to review the land development regulation amendments establishing three separate overlay zones which implement many of the Commercial Corridor Master Plan recommendations and make a recommendation to the Village on the adoption of such land development regulation amendments; and WHEREAS, having considered the recommendation of the Local Planning agency, and having conducted all required advertised public hearings, the Village Council of the Village of Tequesta has determined that adoption of this ordinance, containing the land development regulation amendments establishing three separate overlay zones which implement many of the Commercial Corridor Master Plan recommendations, is in the best interest of the Village of Tequesta, and will promote the public health, safety and welfare for the residents of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article I. In General. Sec. 78-4. Definitions, by adopting 3 Page 86 of 165 Agenda Item #3. new definitions for "formula business," "formula restaurant," "overlay district," "facade transparency," and "civic open space; placing said definitions alphabetically into the list of definitions; providing that section 78-4 shall hereafter read as follows: Sec. 784. - Definitions. The following words, terms and phrases, when used in this chapter, unless otherwise specified, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All words used in the present tense include the future; all words in the singular number include the plural and the plural the singular. The word "building" includes the word "structure." The word "shall" is mandatory. The word "person" includes a firm, corporation or municipal corporation as well as a natural person. The word "map" shall mean the official zoning map of the village. The term "council" shall mean the Council of the Village of Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of the State of Florida. The word "used" shall be deemed to include the words "arranged, designed or intended to be used," and the word 'occupied" shall be deemed to include the words"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by this section shall be used with a meaning of common or standard utilization. Business, formula means an establishment that offers health care, medical, dental retail, personal service, or real estate services with a standardized array of services and/or merchandise, employee uniforms, decor, facade design, signage, color scheme, trademark or service mark, name, or similar standardized features; and is one of a chain or group of three or more in the nation. Open space, civic means an outdoor area that is maintained as an urban amenity and is accessible to the general public. Civic open spaces typically take the form of a green. a plaza, a plavaround. a square or others. Overlay district means an area of land for which there are uniform regulations governing the use of buildings and premises, density of development, yard requirements, and height limitations. Overlay districts are layered on top of certain portions of existing zoning districts, and apply additional or different standards to all areas within the overlay. Restaurant, formula means any establishment that is one of a chain or group of three or more restaurants in the nation, and which satisfies at least two of the following three 4 Page 87 of 165 Agenda Item #3. descriptions: 1) It has the same or similar name, trade name, or trademark as others in the chain or group: 2) It has standardized and limited menus, ingredients food and beverage reparation: 3) It offers any of the following characteristics in a style that is distinctive to and standardized among the chain or group: a. Exterior design or architecture; b. Interior design; or c. uniforms, except that a personal identification or simple logo will not render the clothing a uniform. Transparency, facade means the amount of transparent window glass or other openings in a building's facade along a street frontage, relative to the overall surface area of the facade. This ratio is expressed as a percentage and is calculated separately for the around story of a facade and for each upper story. [All other definitions shall remain in full force and effect as previously adopted] Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article IV. Nonconforming uses; nonconforming structures. Sec. 78-96. Discontinuance of nonconforming uses, by amending this section to provide regulations for legal nonconforming uses in an overlay zone; providing that section 78-96 shall hereafter read as follows: Sec. 78-96. - Discontinuance of nonconforming uses. When a nonconforming use has been vacated, abandoned or discontinued for a period of 90 consecutive days, any future use in such structure or on such land shall revert to the uses permitted in the district in which the structure and/or land is located, and shall not thereafter be occupied by any nonconforming use. The 90-day period set forth herein shall not apply to the discontinuation of a nonconforming use caused by flood, fire, explosion or other casualty, or act of God, government, or the public enemy. However, to the extent that structural restoration or repair is required in order for the nonconforming use to resume, Section 78-98(c) shall apply. If an existing use was legally permitted on its site prior to changes in the Teguesta 5 Page 88 of 165 Agenda Item #3. Drive. US Highway 1. or Village Center Overlays in 2024 but is not listed as a permitted use in the new overlay district, that existing use will continue to be deemed a permitted nonconforming use. When a nonconforming use has been vacated, abandoned. or discontinued for a period of 90 consecutive days, any future use in such structure or on such land shall revert to the uses permitted in the overlay district in which the structure and/or land is located, and shall not thereafter be occupied by any nonconformina use. Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Sections 78-176 C-1 neighborhood commercial district, 78-177 C-2 community commercial district, 78-178 C-3 general commercial district, and 78-180 MU mixed use district, to amend use regulations consistent with the Commercial Corridor Master Plan, provide specific regulation for formula based businesses and restaurants, provide new overlay zone regulations, and to provide code conflict resolutions; providing that Sections 78-176, 78-177, 78-178, and 78-180 shall hereafter read as follows: Sec. 78-176. C-1 neighborhood commercial district. (a) Purpose. It is the purpose and intent of the C-1 neighborhood commercial district to provide lands within the village as depicted on the official zoning map for limited retail sales and business service activities primarily designed to serve residential neighborhoods of the village. The district is not intended for use by major or large scale commercial or service concerns. Professional and business offices and service establishments and uses that specifically address the needs of surrounding residents are encouraged. Orientation to and compatibility with neighborhoods to be served are critical. (b) Permitted uses. Permitted uses in the C-1 district are as follows: (1) Retail sales and services, excluding retail package liquors and formula businesses. (2) Business services excluding formula businesses. (3) Health care facility or medical or dental office; professional office; professional services excluding formula businesses. (4) Personal services excluding formula businesses. (5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout restaurants and excluding formula restaurants in the Tequesta Drive Overlay. 6 Page 89 of 165 Agenda Item #3. (6) Restaurant, specialty, excluding formula restaurants in the Teguesta Drive Overlay. [subsections (7) through (9) shall remain in full force and effect as previously adopted] (c) Accessory uses. Accessory uses allowed in the C-1 district are as follows: Any accessory use customarily incidental to a permitted use. (d) Special exception uses. Special exception uses in the C-1 district are as follows: [subsections (1) through (6) shall remain in full force and effect as previously adopted] 7) Formula businesses, subject to the following regulations: a. The proposed formula business shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. b. The proposed formula business will not alter the identity of the zonina district in a way which detracts from its local uniqueness. c. The proposed formula business will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business will be compatible with existing surrounding uses. f. The proposed formula business has been designed and will be operated in a nonobtrusive manner to preserve the local neighborhood character and ambiance and the proposed intensity of uses on the site is appropriate aiven the uses permitted on the site and on adjoining sites. q. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business' corporate structural elements and signaae will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. (e) Prohibited uses and structures. The following uses and structures are prohibited in the C-1 district: 7 Page 90 of 165 Agenda Item #3. Any use or structure not specifically or by reasonable implication permitted in this section as a permitted use, accessory use or permissible by special exception. Sec. 78-177. C-2 community commercial district. (a) Purpose. It is the purpose and intent of the C-2 community commercial district to provide lands within the village as depicted on the official zoning map for the development of commercial activities with a location convenient to U.S. Highway 1 automotive traffic. This district will serve the community at large and provide a mixture of convenience goods and services that offers a greater variety of uses than permitted at neighborhood level. (b) Permitted uses. Permitted uses in the C-2 district are as follows: (1) Retail sales and services, excluding retail package liquors and formula businesses. (2) Business services, excluding formula businesses. (3) Health care facility or medical or dental office; professional office; professional services excluding formula businesses. (4) Personal services excluding formula businesses. (5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout restaurants excluding formula restaurants in the Teguesta Drive, Village Center. and US Highway 1 Overlays. (6) Restaurant, specialty excluding formula restaurants in the Teguesta Drive, Village Center. and US Highway 1 Overlays. [subsections (7) through (11) shall remain in full force and effect as previously adopted] (c) Accessory uses. Accessory uses allowed in the C-2 district are as follows: Any accessory use customarily incidental to a permitted use. (d) Special exception uses. Special exception uses in the C-2 district are as follows: [subsections (1) through (20) shall remain in full force and effect as previously adopted] 21) Formula businesses, subject to the following regulations: a. The proposed formula business shall comply with the special exception 8 Page 91 of 165 Agenda Item #3. requirements of Village Code Sections 78-363 and 78-364. b. The proposed formula business will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula business will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business will be compatible with existing surrounding uses. f. The proposed formula business has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites. g. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business' corporate structural elements and sianage will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. J. Drive through services shall comply with the requirements set forth in Section 22-82 (9). 22) Formula restaurants, subject to the following regulations: a. The proposed formula restaurant shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. D. The proposed formula restaurant will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula restaurant will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula restaurant will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula restaurant will be compatible with existing surrounding uses. 9 Page 92 of 165 Agenda Item #3. f. The proposed formula restaurant has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adioinina sites. q. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula restaurant's corporate structural elements and sianaae will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. i. Drive through services shall comply with the requirements set forth in Section 78-177 (d) (17)(a through dl. (e) Prohibited uses and structures. The following uses and structures are prohibited in the C-2 district: Any use or structure not specifically or by reasonable implication permitted in this section as a permitted use, accessory use or permissible by special exception. (f) Property development regulations. [This subsection shall remain in full force and effect as previously adopted] Sec. 78-178. C-3 general commercial district. (a) Purpose. It is the purpose and intent of the C-3 general commercial district to provide lands within the village as depicted on the official zoning map and thereby encourage the development of a general variety of commercial uses which provide a wide range of goods and services. (b) Permitted uses. Permitted uses in the C-3 district are as follows: (1) Retail sales and services, excluding formula businesses. (2) Business services excluding formula businesses. (3) Health care facility or medical or dental office; professional office; professional services excluding formula businesses. (4) Personal services excluding formula businesses. (5) Retail package liquors, lounges and bars. 10 Page 93 of 165 Agenda Item #3. (6) Restaurants, excluding fast food restaurants, drive-in restaurants and carryout restaurants and excluding formula restaurants in the Teauesta Drive, Village Center. and US Highway 1 Overlays. (7) Restaurant, specialty, excluding formula restaurants in the Teauesta Drive, Village Center, and US Highway 1 Overlays. [subsections (8) through (21) shall remain in full force and effect as previously adopted] (c) Accessory uses. Accessory uses allowed in the C-3 district are as follows: Any accessory use customarily incidental to a permitted use. (d) Special exception uses. Special exception uses in the C-3 district are as follows: [subsections (1) through (11) shall remain in full force and effect as previously adopted] 12) Formula businesses, subject to the following conditions: a. The proposed formula business shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. D. The proposed formula business will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula business will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business will be compatible with existing surrounding uses. f. The proposed formula business has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites. g. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business' corporate structural elements and sianaae will be designed to be in harmony with architectural features and elements 11 Page 94 of 165 Agenda Item #3. of the building and neighborhood as approved by the Village Council. J. No drive through services shall be permitted. (e) Prohibited uses and structures. The following uses and structures are prohibited in the C-3 district: Any use or structure not specifically or by reasonable implication permitted in this section as a permitted use, accessory use or permissible by special exception. Sec. 78-180. MU mixed-use district. (a) Purpose. The purpose and intent of the MU 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 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 development which establish neighborhood identity and community focus. 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. (b) Applicability of development regulations to mixed-use development. [This subsection shall remain in full force and effect as previously adopted] (c) Conflicts with other regulations. Where conflicts exist between the mixed-use district special regulations in this section and general zoning, subdivision and other applicable ordinance provisions, the special regulations in this section shall apply. Where conflicts exist between the mixed-use district special regulations in this section and an overlay district regulations, the overlay regulations supersede the mixed-use zoning 12 Page 95 of 165 Agenda Item #3. district special regulations. (d) General requirements and special regulations. The following general requirements and special regulations shall apply to planned mixed-use development within the mixed-use district: [subsections (1) through (5) shall remain in full force and effect as previously adopted] 6) Mix Of Uses. New development and redevelopment in the MU Zoning District shall comply with the requirements of Table FLU-1 of the Future Land Use Element of the Village of Teguesta Comprehensive Plan by integrating a mix of uses such that residential uses shall comprise no less than twenty (20) percent and no more than eighty (80) percent of the development or redevelopment. The Village Council may relax this requirement on a case by case basis when the development or redevelopment project parcel(s) are too small to comply. or when other circumstances necessitate the need to provide a solely commercial or residential development project. [subsections (e) through (g) 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, excluding retail package liquors, and excluding formula businesses. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit (5) Business services excluding formula businesses. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (6) Health care facility or medical or dental office; professional office; professional services excluding formula businesses. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (7) Personal services excluding formula businesses. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit. 13 Page 96 of 165 Agenda Item #3. (8) Bakeries. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (9) Recreation/open space. (10) Restaurants (including carryout and specialty . but excluding formula restaurants in the Teguesta Drive, and Village Center Overlays. A maximum 5,000 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (11) Places of assembly (1,500 square feet or less), subject to the following conditions: a. All presentations and events shall be conducted entirely within a building. b. Allowed accessory uses are: preschool and school facilities; assembly halls, sanctuaries or similar meeting rooms; community centers or fellowship halls; administrative offices related to the facility; gift shops for merchandise related to the facility; playgrounds and athletic fields; and rectory or similar residence for facility officials or on-site caretakers, limited to one dwelling unit. (i) Special exception uses. Special exception uses in the mixed-use district are as follows: [subsections (1) through (17) shall remain in full force and effect as previously adopted] 18) Formula businesses, subject to the following regulations: a. The proposed formula business shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. D. The proposed formula business will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula business will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business will be compatible with existing surrounding uses. 14 Page 97 of 165 Agenda Item #3. f. The proposed formula business has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adioinina sites. q. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business' corporate structural elements and sianaae will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. J. Drive through services shall comply with the requirements set forth in Section 22-82 (9). (19) Formula restaurants, subject to the following regulations: a. The proposed formula restaurant shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. D. The proposed formula restaurant will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula restaurant will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula restaurant will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula restaurant will be compatible with existing surrounding uses. f. The proposed formula restaurant has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adioinina sites. q. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula restaurant's corporate structural elements and sianaae will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village 15 Page 98 of 165 Agenda Item #3. Council. J. Drive through services shall comply with the requirements set forth in Section 78-180 (i) (15). [subsections 0) through (m) shall remain in full force and effect as previously adopted] Sec. 78-181-78-200 78-220. - Reserved. Section 4: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Article VI Division 3 to be entitled "Overlay districts;" creating entirely new Sections 78-201 through 78-204; adopting Sec. 78-201 "Tequesta Drive Overlay," creating and defining this overlay district, providing purpose and intent, providing design, setback, facade, parking, formula business and restaurant, open space, and landscaping guidelines; providing for payment in lieu of certain open space requirements; providing for waivers; resolving any conflict between general regulations and overlay zoning regulations in favor of overlay zoning regulations; also adopting Sec. 78-202 "US Highway One Overlay" creating and defining this overlay district, providing purpose and intent, providing design, setback, fagade, parking, formula business and restaurant, open space, and landscaping guidelines; providing for payment in lieu of certain open space requirements; providing for waivers; resolving any conflict between general regulations and overlay zoning regulations in favor of overlay zoning regulations; also adopting Sec. 78-203 "Village Center Overlay" creating and defining this overlay district, providing purpose and intent, providing design, setback, fagade, parking, formula business and restaurant, open space, and landscaping guidelines; providing for payment in lieu of certain open space requirements; providing for waivers; resolving any conflict between general regulations and overlay zoning regulations in favor of overlay zoning regulations; also adopting Sec. 78-204 "Waivers" to provide a process for obtaining waivers from the Village Council from certain overlay district requirements, providing for an application, and providing criteria for the granting of a waiver; providing that Chapter 78, Article VI, Division 3 shall hereafter read as follows: DIVISION 3. — OVERLAY DISTRICTS Sec. 78-201. Teauesta Drive Overlay. La Purpose and intent. The Tequesta Drive Overlay is established to preserve and protect the local "hometown" village character and aesthetics, by limiting uses permitted within the corridor in a manner that balances convenience with the delivery of limited services in a way that is not disruptive to residential areas. 16 Page 99 of 165 Agenda Item #3. Lb Conflicts with other regulations. In the event that overlay district regulations conflict with general zoning or special district regulations, the overlay district regulations supersede and control over the general zoning or special district regulations. Cc Design. Aesthetic considerations within the Teauesta Drive Overlay as set forth in the November 10, 2022 Commercial Corridor Master Plan should be incorporated into all new development and re-development in this Overlay Zone. Specific architectural styles are neither mandated nor banned: however, new development and re-development should strive to reflect the architectural styles listed in Appendix D (Architectural Design Guidelines) of the Commercial Corridor Master Plan. d Streets. Streets within the Teauesta Drive Overlay shall be designated as primary and secondary streets. Teauesta Drive, Seabrook Road. and Cypress Drive are the only designated primary streets. All other streets are designated as secondary streets. Le Location of building and off-street parking. 1) Building Location. a. Front Setbacks; encroachments. The maximum front setback is 20 feet and the minimum landscape buffer is 15 feet: however, the following frontage types as detailed in Appendix C of the Village of Teauesta Commercial Corridor Master Plan may encroach a maximum of four (4) feet into the minimum 15 foot landscape buffer as set forth in Table 1 and depicted in Figure 1 below: Teguesta Drive Overlay Permissible Front Landscape Buffer Encroachments Permitted Teauesta Drive West Seabrook Road Cypress Drive Frontage Types Porch Yes Yes No Stoop Yes Yes No Bracketed No No No Balcony Forecourt Yes Yes Yes Arcade No No No Shopfront Yes No Yes 17 Page 100 of 165 Agenda Item #3. Table 1: Teauesta Drive Overlay Property Line 15' J� Building Footprint 20 � R-O-W 4' 16'� o Allowable Encroachment '— o Walkway }, Y QJ QJ 15' 20' MAX 3 Landscape Front Setback 16' : � Buffer ci "' cn Lan s a ------\---- ----'.------- -------------------- -------------- Sidewalk E Swale a R-O-W Primary Street Fig. 1: Teauesta Drive Overlay b. Front facades on any third story and above must have front setback of eight 8) to twelve (12) feet in addition to the first floor setback, as deaicted in Figure 2 below: 32' Overall Setback 28' Overall Setback Leve 12' 3 s' Level 2 20' MAX Setback 1 6' 4, Level 1 Sidewalk 15' Street Landscape f + Swale Buffer Property Line ; Building Line Priv. Fig 2: Teauesta Drive Overlay 18 Page 101 of 165 Agenda Item #3. c. Building facades along a street frontage shall provide the appropriate facade transparent elements such as glass windows or other approved openings to eliminate the creation of blank and stark walls along street frontages. (2) Location of off-street parking. a. Parking is not permitted in the front setbacks or in the side setbacks facing streets, parks, or civic open spaces. Figures 3. 4. and 5 below are guidelines for illustrative purposes and depict minimum requirements. Primary Street Swale Sidewalk Property ---- --- - - - ---- - - - -- - - ------ - Line I — 1 CU I �; i Building Footprint cry E Ln N I I I 72: .� I I a I i I Rear Parking I i R_ 16' 20 : J F R-o-w 15' Landscape Buffer -- - - - ---------------------------------------------- ig. 3: Teguesta Drive Overlay 19 Page 102 of 165 Agenda Item #3. Primary Street Swale Property 4o Sidewalk � - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - a-- W I Building Footprint i I F1 TITI T1 I ` Rear Parking � e E Rear Parking ' �. mood . ' 15' Landscape Buffer ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- ig. 4: Teauesta Drive Overlay Primary Street Swale Property Sidewalk � <U ozo Building Footprint i �1 6'� i m CIS' - - — — - — CD � lif -1T� iill 11 Rear Parking , Rear Parking . Alleyway - Fig. 5: Teauesta Drive Overlay 20 Page 103 of 165 Agenda Item #3. b. Surface parking lots shall be screened from public view, when possible, by either buildings or landscaping. c. Shared parking in compliance with the requirement of Section 78-706 of the Village Code of Ordinances is encouraged. f) Formula businesses, restaurants and drive through facilities. 1) Formula restaurants and drive through facilities are prohibited in the Teauesta Drive Overlay. (2) Formula business. Formula businesses that conform with the intent and integrity of the district are permitted in the Teauesta Drive Overlay as a special exception use, subject to the following conditions: a. The proposed formula business shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. b. The proposed formula business will not alter the identity of the zoning district in a way which detracts from its local uniqueness. c. The proposed formula business will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business will be compatible with existing surrounding uses. f. The proposed formula business has been designed and will be operated in a nonobtrusive manner to preserve the local neighborhood character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adioinina sites. q. Architectural style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business' corporate structural elements and sianage will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. a) Civic open space. 1) Amount required. New development or re-development which adds gross floor 21 Page 104 of 165 Agenda Item #3. area of 20 percent or more to the existing development is required to provide civic open space equal to five (5) percent of the total site's square footage. Civic open space shall be counted towards the required minimum landscaped open s 2) Types of civic open spaces. Civic open space shall be designed as one of the following types, and shall be identified on the site plan: a. Green. A green is at least 1,000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. b. Plaza. A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. c. Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. d. Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatheri e. Attached Green. An attached green is generally 2.000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are primarily lawns with formally arranged landscaping. f. Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford 22 Page 105 of 165 Agenda Item #3. access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. a. Pedestrian passageway, A pedestrian passageway is open to the sky connecting the front of the property to the rear, at least ten feet in width and containing a minimum of 50% pervious, landscaped area, with decorative elements of interest, such as benches, trellises, sculptures, and water features which complement the design style of the building. Outdoor use areas may be provided adjacent to but not within the minimum required pedestrian passageway area. h. For civic open space requirements less than 250 square feet, the space may incorporate elements such as: fountain, living wall, mural, or sculpture facing a street or a pedestrian passaaeway. (3) Maintenance and operation of civic open space. Civic open space areas may be dedicated to the Village for maintenance and operations purposes. Otherwise, maintenance and operations shall be the responsibility of the owner. 4) Payment in lieu. In lieu of dedication of land for civic open space. the Village Council at its discretion may accept a fee in lieu of land for properties consisting of 2 acres of less. Such fee shall be equal to the appraised value of the amount of land that would otherwise be dedicated for civic open space purposes. Appraised value shall be based upon the market value of the land in its present state, prior to the proposed subdivision and/or development, as determined by the county tax assessor's appraised value. a. A fee in lieu of land dedication may be accepted by the Village Council when the location, size, natural condition, or other similar condition exists where the dedication of land would not be in the best interest of the Village. An example of such a condition is when there is existing land available for recreational use within the immediate area of the proposed subdivision and/or land development or re-development. b. In determining whether to accept a fee in lieu of land the Village Council 23 Page 106 of 165 Agenda Item #3. shall consider the age groups of residents to be served, the availability and service capabilities of existing recreational facilities in the Village, and the general physical characteristics of the proposed civic open space. c. Fees in lieu shall be used for the acquisition, enhancement, expansion and/or development of the Village's existing parks, recreation, land systems, or streetscapes. d. Fees paid in lieu may be used in conjunction with waivers. If an applicant is ranted a partial waiver regarding the provision of civic open space. the applicant is required to pay the fee lieu for the remaining un-waived portion. h) Landscape buffers and waivers. 1) Landscape buffers on the front and side may be reduced by no greater than 25% of each area to accommodate civic open space, as depicted in Figure 6 below. Y Building Footprint 4'Allowable R-O-W Encroachment 16' i Walkway ... .. .. . Qel- N 0) 15' 20' MAX Civic Open Epaceje.Qce 3 CU LJ Landscape Front Setback TBuffer ------- --------- - - Sidewalk E S a R-O-W wale Primary Street Fog. 6: Teguesta Drive Overlay 2) Waivers. Waivers from site or landscape requirements may be requested from certain overlay zone regulations. All waivers must be granted by the Village Council in conjunction with a site plan review application. Waivers cannot be Used to: a. Add uses that are not permitted in the overlay or zoning district. b. Increase the maximum allowed density/intensity. c. Increase the maximum allowed building height. 24 Page 107 of 165 Agenda Item #3. Sec. 78-202. US Highway One Overlay. La Purpose and intent. The US Highway 1 Overlay is established to encourage and provide for a pedestrian friendly commercial corridor with enhanced physical appearance through increased landscaping of public and private property: clustering of complementary uses throughout various locations within the corridor: and construction of pedestrian oriented facilities in both public and private realms along US Hiahwav 1. Lb Conflicts with other regulations. In event that the overlay district regulations conflict with general zoning or special district regulations, the overlay regulations supersede the general zoning or special district regulations. Uc Design. Aesthetic considerations within the US Highway 1 Overlay as set forth in the November 10. 2022 Commercial Corridor Master Plan should be incorporated into all new development and re-development in this Overlay Zone. . Specific architectural styles are neither mandated nor banned: however. new development and re- development should strive to reflect the architectural styles listed in Appendix D Architectural Design Guidelines) of the Commercial Corridor Master Plan. Md Streets. Streets within the US Highway 1 Overlay shall be designated as primary and secondary streets. Teauesta Drive and US Highway 1 are the only designated primary streets. All other streets are designated as secondary streets. Le Location of building and off-street parking. 1) Building Location. a. Front Setbacks; encroachments. The maximum front setback is 20 feet and the minimum landscape buffer is 15 feet: however, the following frontage types as detailed in Appendix C of the Village of Teauesta Commercial Corridor Master Plan may encroach a maximum of four (4) feet into the minimum 15 foot landscape buffer as set forth in Table 1 and depicted in Figure 1 below: 25 Page 108 of 165 Agenda Item #3. US Highway 1 Overlay Permissible Front Landscape Buffer Encroachments Porch No Stoop Yes Bracketed Balcony Yes Forecourt Yes Arcade No Shopfront Yes Table 1: US Highway One Overlay Property Line 15' J,c Building Footprint 20 1 R-O-W 4' 16'--zr o 3 Allowable Encroachment Y Walkway }, 15' 20' MAX 3 Landscape Front Setback 16' i Ln cn N Buffer ------------------------------------ >. Sidewalk r6 E Swale R-O-W Primary Street Fog. 1: US Highway One Overlay b. Front facades on any third story and above must have front setback of eight 8) to twelve (12) feet in addition to the first floor setback, as deoicted in Figure 2 below: 26 Page 109 of 165 Agenda Item #3. 32' Overall Setback - 28' Overall Setback Level 12' — 3 s' Leve 1 2 20' MAX Setback 1 6' • 4' Leve I 1 Sidewalk 15' Street ' Landscape + Swale Buffer Property Line-A, Building Line Private Pr upe Fog 2: US Highway One Overlay c. Building facades along a street frontage shall provide the appropriate facade transparent elements such as glass windows or other approved openings to eliminate the creation of blank and stark walls along street frontages. (2) Location of off-street parking. a. Parking is not permitted in the front setbacks or in the side setbacks facing streets, parks, or civic open spaces. Figures 3. 4. and 5 below are guidelines for illustrative purposes and depict minimum requirements. 27 Page 110 of 165 Agenda Item #3. Primary Street Swale R-O-W Sidewalk Property _ . . ---------------------------------- -- - - - F Line 15'�f — — — — — — — — — — — — — — — , 4-1 I Y' i Building Footprint76 i N N I i a I i , I Rear Parking I i , R-o-w 1 6' i J 20' , F ............................... .. ..... R-o-W 15' Landscape Buffer ---- ------------------------------- - ------ ig. 3: US Hiahwav One Overlay Primary Street Swale • � Property �= Sidewalk db- Line - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -i _ . . , I , v '��°' Building Footprint u, 6' L15' — — — — — — — — — — — . — .I FFF1 I o I T I If , Rear Parking F1 I I I I I I I I I I I I I I I I Ll Rear Parking ' 15' Landscape Buffer - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Fig. 4: US Highway One Overlay 28 Page 111 of 165 Agenda Item #3. Primary Street Swale Property " S de►rxralk Line-ow[ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Building Footprint ! - - L U Rear Parking Rear Parking a a - - _ - - - - - - - - - - - - - - - -- - - - - + Alleyway Fig. 5: US Highway One Overlay b. Surface parking lots shall be screened from public view, when possible, by either buildings or landscaping. c. Shared parking in compliance with the requirement of Section 78-707 of the Village Code of Ordinances is encouraged. f) Formula businesses, restaurants and drive through facilities. 1) Drive through facilities are permitted on the side and rear of the building and shall be screened from public view by landscaping. (2) Full-service fuel stations or gasoline service stations shall only be located within the US Highway 1 Overlay. Full-service fuel stations or gasoline service stations shall be located a minimum of 500 lineal feet from existing or previously approved stations: however, full-service fuel stations are not permitted in those portions of the US Highway One Overlay Zone with an underlying zoning designation of Mixed Use. 3) Drive through facilities shall not be located on a building facade that faces a public right-of-way, except for full-service fuel stations, which must be screened 29 Page 112 of 165 Agenda Item #3. from public view. 4) Formula business and restaurants. Formula businesses and restaurants are permitted in the US Highway 1 Overlay as a special exception use subject to the following conditions: a. The proposed formula business or restaurant shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. b. The proposed formula business or restaurant will not alter the identity of the zoning district in a way which detracts from its uniqueness. c. The proposed formula business or restaurant will contribute to a diverse and appropriate blend of businesses in the district. d. The proposed formula business or restaurant will complement the existing businesses in the district and help promote and foster the local economic base. e. The proposed formula business or restaurant will be compatible with existing surrounding uses. f. The proposed formula business or restaurant has been designed and will be operated in a nonobtrusive manner to preserve the community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adjoining sites. g. Architectural Style, design, exterior facade colors shall be compatible with the surrounding neighborhood. h. The proposed formula business or restaurant corporate structural elements and signage will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. J. Drive through facilities must comply with paragraphs (f)(1) and (fl(3) of this subsection. a) Civic open space. 1) Amount required. New development or re-development which adds gross floor area of 20 percent or more to the existing development is required to provide civic open space equal to five (5) percent of the total site's square footage. Civic 30 Page 113 of 165 Agenda Item #3. open space shall be counted towards the required minimum landscaped open s 2) Types of civic open spaces. Civic open space shall be designed as one of the following types, and shall be identified on the site plan: a. Green. A green is at least 1,000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. b. Plaza. A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. c. Playground. A playground is at least 2.500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. d. Square. A square is at least 10.000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped. with formal landscaping. Squares accommodate both passive uses and community gatheri e. Attached Green. An attached green is generally 2.000 to 6.000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens re primarily lawns with formally arranged landscaping. f. Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal bujldina or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor 31 Page 114 of 165 Agenda Item #3. seating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. a. Pedestrian passageway, A pedestrian passageway is open to the sky connecting the front of the property to the rear, at least ten feet in width. and containing a minimum of 50% pervious, landscaped area, with decorative elements of interest, such as benches, trellises, sculptures, and water features which complement the design style of the building. Outdoor use areas may be provided adjacent to but not within the minimum required pedestrian passageway area. h. For civic open space requirements less than 250 square feet, the space may incorporate elements such as: fountain. living wall, mural, or sculpture facing a street or a pedestrian passaaeway. (3) Maintenance and operation of civic open space. Civic open space areas may be dedicated to the Village for maintenance and operations purposes. Otherwise, maintenance and operations shall be the responsibility of the owner. 4) Payment in lieu. In lieu of dedication of land for civic open space. the Village Council at its discretion may accept a fee in lieu of land for properties consisting of 2 acres of less. Such fee shall be equal to the appraised value of the amount of land that would otherwise be dedicated for civic open space purposes. Appraised value shall be based upon the market value of the land in its present state, prior to the proposed subdivision and/or development, as determined by the county tax assessor's appraised value. a. A fee in lieu of land dedication may be accepted by the Village Council when the location, size, natural condition, or other similar condition exists where the dedication of land would not be in the best interest of the Village. An example of such a condition is when there is existing land available for recreational use within the immediate area of the proposed subdivision and/or land development or re-development. b. In determining whether to accept a fee in lieu of land the Village Council shall consider the age groups of residents to be served, the availability and service capabilities of existing recreational facilities in the Village, and the 32 Page 115 of 165 Agenda Item #3. general physical characteristics of the proposed civic open space. c. Fees in lieu shall be used for the acquisition, enhancement, expansion and/or development of the Village's existing parks, recreation, land systems, or streetscapes. d. Fees paid in lieu may be used in conjunction with waivers. If an applicant is ranted a partial waiver regarding the provision of civic open space, the applicant is required to pay the fee lieu for the remaining un-waived portion. h) Landscape buffers and waivers. 1) Landscape buffers on the front and side may be reduced by no greater than 25% of each area to accommodate civic open space, as depicted in Figure 6 below. Y Building Footprint 4'Al low able R-O-W Encroachment Walkway ......... ....... Y UJ Qj Cli 15, 20' MAX Civic Open Space 3 t6 Front Setback ° ++ Landscape d o N Buffer Bu 'k - - -- -- - --- - - ----------- A Sidewalk E Swale a R-O-W Primary Street Fig. 6: US Highway One Overlay 2) Waivers. Waivers from site or landscape requirements may be requested from certain overlay zone regulations. All waivers must be granted by the Village Council in conjunction with a site plan review application. Waivers cannot be used to: a. Add uses that are not permitted in the overlay or zoning district. b. Increase the maximum allowed density/intensity. c. Increase the maximum allowed building height. 33 Page 116 of 165 Agenda Item #3. Sec. 78-203. Village Center Overlay. La Purpose and intent. The Village Center Overlay is established to encourage architectural character and a diversity of uses such as residential, commercial, and civic spaces while providing a pedestrian connectivity between Teauesta Drive, Bridge Road, Old Dixie Highway, and Village Boulevard. Lb Conflicts with other regulations. In event that the overlay district regulations conflict with general zoning or special district regulations, the overlay regulations supersede the general zoning or special district regulations. Cc Design. Aesthetic considerations within the Village Center Overlay as set forth in the November 10, 2022 Commercial Corridor Master Plan should be incorporated into all new development and re-development in this Overlay Zone. Specific architectural toles are neither mandated nor banned: however, new development and re- development should strive to reflect the architectural styles listed in Appendix D Architectural Design Guidelines) of the Commercial Corridor Master Plan. kW Streets. Streets within the Village Center Overlay shall be designated as primary and secondary streets. Teauesta Drive, Bridge Road, Old Dixie Hiahwav, Main Street. and Village Boulevard are the only designated primary streets. All other streets are designated as secondary streets. Le Location of building and off-street parking. 1) Building Location. a. Front Setbacks; encroachments. The maximum front setback is 20 feet and the minimum landscape buffer is 15 feet: however, the following frontage types as detailed in Appendix C of the Village of Teauesta Commercial Corridor Master Plan may encroach a maximum of four (4) feet into the minimum 15 foot landscape buffer as set forth in Table 1 and depicted in Figure 1 below: 34 Page 117 of 165 Agenda Item #3. Village Center Overlay Permissible Front Landscape Buffer Encroachments Permitted Teguesta Old Dixie Main St. Bridge Rd. Village Blvd Frontage Types Dr. Hwy Porch No No No No Yes Stoop Yes Yes No Yes Yes Bracketed Yes Yes No Yes Yes Balcony Forecourt Yes Yes Yes Yes Yes Arcade Yes No Yes Yes No Shopfront Yes Yes Yes Yes No Table 1: Village Center Overlay Property Line Building Footprint 20' R-O-W 4' 1 6' 3 - Allowable Encroachment Y Co Walkway 4 , Y CU Clj 15' 20' MAX 3 Landscape Front Setback 16' 2 c Buffer "' cn �. Sidewalk CU E Swale R-O-W Primary Street ig. 1: Village Center Overlay b. Front facades on any third story and above must have front setback of eight 8) to twelve (12) feet in addition to the first floor setback, as deaicted in Figure 2 below: 35 Page 118 of 165 Agenda Item #3. 32' Overall Setback Ole 28' Overall Setback Leve I 1 2' 3 Leve 1 2 20' MAX Setback 1 f" Level 1 4�40 OP. , i Sidewalk 1 S' Street �Landscape + Swale Buffer = Property Line Building Line R-©-W . Pa i' i ALe YFr Fig 2: Village Center Overlay c. Building facades along a street frontage shall provide the appropriate facade transparent elements such as glass windows or other approved openings to eliminate the creation of blank and stark walls along street frontages. (2) Location of off-street parking. a. Parking is not permitted in the front setbacks or in the side setbacks facing streets. parks, or civic open spaces. Figures 3. 4. and 5 below are guidelines for illustrative purposes and depict minimum requirements. 36 Page 119 of 165 Agenda Item #3. Primary Street Swale Sidewalk Property ------------------- Line 1 5' I'------- --- —---- — — — — —*— ------1 Building Footprint i CU .: ;? �; I J E cn N — I i a i i I Rear Parking I i R O W 6 J 20' — — — F R-O-w 15' Landscape Buffer --------------------------------------------------- ig. 3: Village Center Overlay I Primary Street �o Property O' Swale Lined � Sidewalk 20' 'F Building Footprint j CO I ; o V cn Rear Parking I Ll E L Rear Parking ; 15' Landscape Buffer ; - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Fig. 4: Village Center Overlay 37 Page 120 of 165 Agenda Item #3. Primary Street Swale Property .�P' Sidewalk Line- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - +� Z p': Building Footprint ! 16 - - - - — — i Rear Parking ; Ln Rear Parking ' Alleyway Fig. 5: Village Center Overlay b. Surface parking lots shall be screened from public view, when possible, by either buildings or landscaping. c. Shared parking in compliance with the requirement of Section 78-707 of the Village Code of Ordinances is encouraged. f) Formula businesses, restaurants and drive through facilities. 1) Formula restaurants and drive through facilities are prohibited in the Villa Center Overlay: however, notwithstanding this prohibition, one formula restaurant may apply for a special exception within a new development or re- development that is larger than two acres. 2) Formula business and restaurants. Formula businesses (and restaurants pursuant to paragraph (f)(1) above) are permitted in the Village Center Overlay as a special exception use, subject to the following conditions: a) The proposed formula business or restaurant shall comply with the special exception requirements of Village Code Sections 78-363 and 78-364. b) The proposed formula business or restaurant will not alter the identity of the 38 Page 121 of 165 Agenda Item #3. zoning district in a way which detracts from its local uniqueness. cl The proposed formula business or restaurant will contribute to a diverse and appropriate blend of businesses in the district. (dl The proposed formula business or restaurant will complement the existing businesses in the district and help promote and foster the local economic base. el The proposed formula business or restaurant will be compatible with existing surrounding uses. f) The proposed formula business or restaurant has been designed and will be operated in a nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of uses on the site is appropriate given the uses permitted on the site and on adioinina sites. a) Architectural style, design, exterior facade colors shall be compatible with the surrounding neighborhood. hl The proposed formula business or restaurant's corporate structural elements and signaae will be designed to be in harmony with architectural features and elements of the building and neighborhood as approved by the Village Council. it Drive through facilities are prohibited. a) Civic open space. 1) Amount required. New development or re-development which adds gross floor area of 20 percent or more to the existing development is required to provide civic open space equal to five (5) percent of the total site's square footage. Civic pen space shall be counted towards the required minimum landscaped open s 2) Types of civic open spaces. Civic open space shall be designed as one of the following types, and shall be identified on the site plan: a. Green. A green is at least 1.000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Greens are designed primarily for passive uses, consisting primarily of lawn with either formally or informally arranged landscaping. 39 Page 122 of 165 Agenda Item #3. b. Plaza. A plaza is at least 1,000 square feet in size and adjoins streets on at least two sides or a street and a pedestrian passageway or main building entry. Plazas are mostly hardscaped with formally arranged landscaping and a water feature. c. Playground. A playground is at least 2,500 square feet in size. Playgrounds provide children's play equipment and shaded seating. Playgrounds adjoin a street on at least one side and the configuration should ensure easy surveillance of the area from adjacent buildings and streets. d. Square. A square is at least 10,000 square feet and adjoins streets on at least three sides. Squares may be up to 50 percent hardscaped, with formal landscaping. Squares accommodate both passive uses and community gatherings. e. Attached Green. An attached green is generally 2.000 to 6,000 square feet and spans the entire length of a block. Attached greens shall be at least 30 feet wide and are appropriate on the short end of a block. Attached greens are primarily lawns with formally arranged landscaping. f. Forecourt. A forecourt is an open area in front of the main building entrance(s) designed as a small garden or plaza. Low walls or balustrades no higher than three feet six inches in height may enclose the forecourt. Forecourt walls are constructed of similar material as the principal building or are composed of a continuous, maintained hedge. A forecourt may afford access to one or more first floor residential dwelling units or incorporate storefronts for commercial uses. The forecourt is suitable for outdoor eating for residents or restaurants. Forecourts are typically associated with multifamily, mixed-use, and commercial buildings. a. Pedestrian passageway. A pedestrian passageway is open to the sky connecting the front of the property to the rear, at least ten feet in width. and containing a minimum of 50% pervious, landscaped area, with decorative elements of interest, such as benches, trellises, sculptures, and water features which complement the design style of the building. Outdoor use areas may be provided adjacent to but not within the minimum required 40 Page 123 of 165 Agenda Item #3. pedestrian passageway area. h. For civic open space requirements less than 250 square feet, the space may incorporate elements such as: fountain, living wall, mural, or sculpture facing a street or a pedestrian passageway. (3) Maintenance and operation of civic open space. Civic open space areas may be dedicated to the Village for maintenance and operations purposes. Otherwise, maintenance and operations shall be the responsibility of the owner. 4) Payment in lieu. In lieu of dedication of land for civic open space. the Village Council at its discretion may accept a fee in lieu of land for properties consisting of 2 acres of less. Such fee shall be equal to the appraised value of the amount of land that would otherwise be dedicated for civic open space purposes. Appraised value shall be based upon the market value of the land in its present state, prior to the proposed subdivision and/or development, as determined by the county tax assessor's appraised value. a. A fee in lieu of land dedication maybe accepted by the Village Council when the location, size, natural condition, or other similar condition exists where the dedication of land would not be in the best interest of the Village. An example of such a condition is when there is existing land available for recreational use within the immediate area of the proposed subdivision and/or land development or re-development. b. In determining whether to accept a fee in lieu of land the Village Council shall consider the age groups of residents to be served, the availability and service capabilities of existing recreational facilities in the Village, and the general physical characteristics of the proposed civic open space. c. Fees in lieu shall be used for the acquisition, enhancement, expansion and/or development of the Village's existing parks, recreation land systems, or streetscapes. d. Fees paid in lieu may be used in conjunction with waivers. If an applicant is ranted a partial waiver regarding the provision of civic open space, the applicant is required to pay the fee lieu for the remaining un-waived portion. Lh 41 Page 124 of 165 Agenda Item #3. Landscape buffers and waivers. 1) Landscape buffers on the front and side may be reduced by no greater than 25% of each area to accommodate civic open space, as depicted in Figure 6 below. I 1 5' I Y Building Footprint 4'Allowable R-O-W Encroachment 16' I Walkway �2r N N 15' 20' MAX Civic Open Space ce' i Landscape Front Setback a N Buffer _ I `r' ----- ------- ---- - -- ---- --- -- - --------J -J ? Sidewalk S R-O-W wale Primary Street Fog. 6: Village Center Overlay 2) Waivers. Waivers from site or landscape requirements may be requested from certain overlay zone regulations. All waivers must be granted by the Villaae Council in conjunction with a site plan review application. Waivers cannot be used to: a. Add uses that are not permitted in the overlay or zoning district. b. Increase the maximum allowed density/intensity. c. Increase the maximum allowed building height. Sec. 78-204. Waivers. a) In the Teauesta Drive, US Highway One. or Village Center Overlay Districts, waivers may be requested from certain regulations in this Code. An applicant requesting a waiver shall demonstrate that the waiver provides a public benefit, including. by way of example, high-quality architectural design, pedestrian amenities. no-cost dedication of rights-of-way, construction of public parking, public art, or other improvements adjacent to the property. preservation of environmentally sensitive lands, provision of public parks and/or open spaces, or mixed uses which reduce 42 Page 125 of 165 Agenda Item #3. impacts on village services. b) An application for a waiver may be made by any property owner or tenant or by a _governmental office, department, board, or bureau. Such applications shall be filed with the Department of Community Development in conjunction with a site plan review application. As part of the review process, the applicant shall identify the waiver request, explain the nature of the request, the extent to which it deviates from the overlay regulations, and the basis for which it is sought. (c) As part of the site plan approval process. the Village Council will hold a public hearing to review the waiver request. When evaluating waiver requests, the Village Council shall consider the following factors and any additional criteria set forth in the relevant zoning district: (1) The extent to which the alternate standard proposed by the applicant differs from the code's standard that would be waived: 2) Whether the granting of the waiver will lead to innovative design in which other minimum standards are exceeded: 3) Whether the request clearly demonstrates the public benefits to be derived- 4) Whether the request furthers the goals of the Village Commercial Corridor Master Plan, and exemplifies the architectural, building, and site design techniques desired: 5) Whether the requested waiver is otherwise prohibited by Village Code: (6) Any unusual circumstances regarding the property or immediate area, including the location of power lines, specimen trees, or shade trees: 7) The effect of approving or denying the waiver on the development project and on the surrounding area: 8) Consistency with the Village of Teauesta Comprehensive Plan; 9) Testimony from the applicant: and 10) Testimony from the public. d) At the conclusion of the public hearing, the Village Council shall make a decision on each requested waiver. Approval is contingent on the Village Council making these findings and any additional findings relevant to the applicable zoning district: 1) The alternate standard proposed by the applicant is acceptable for the specific 43 Page 126 of 165 Agenda Item #3. site and building; (2) The proposed waiver does not detract from the design principles supporting these zoning districts and the broader intent of this Code- (3) The proposed waiver will not be incurious to surrounding properties or nearby neighborhoods; and 4) The proposed waiver is not inconsistent with the Village of Teguesta Comprehensive Plan. e) Public notice of all waiver hearings shall be provided as required by Section 78-370 of the Village Code. Sec. 78-205 - 78-220. - Reserved. Section 5: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 6: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 7: 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 8: Specific authority is hereby granted to codify this Ordinance. Section 9: This Ordinance shall take effect immediately upon adoption. 44 Page 127 of 165 genda Item #3. OverlayPUBLIC NOTICE Commercial . . y" 7, • • Council Chambers A workshop will be held to discuss proposed zoning overlays for the Village's commercial corridors. The zoning overlays are the culmination of two years of community feedback, dating back to a five-day series of visioning meetings with residents and businesses in April of 2022. The public feedback received in 2022 was used to create the Commercial Corridor Master Plan that was adopted in November of 2022. The Village has since utilized the recommendations in the Master Plan to create the proposed zoning overlays. There have been five workshops with the Village Council in 2023 and 2024 to discuss the zoning overlays, but we would like to invite business owners in the Village to provide any final feedback prior to adopting the code. Here are some key highlights of the proposed overlays: Creation of Three Zoning Overlay Districts: The draft code introduces new zoning overlay districts. These are the Tequesta Drive Overlay, The Village Center Overlay, and the US Highway One Overlay. Formula Businesses and Restaurants Restrictions: The draft code creates restrictions on formula (i.e chain) businesses and restaurants. In the Tequesta Drive and Village Center Overlays, new formula restaurants are prohibited. In all three overlay districts, formula business are required to apply for Special Exception approval by the Village Council. Many new businesses are already required to apply for a Special Exception in the Village, but the new code will require this process for any new formula business. Civic Open Space: The draft code requires new development's to have 5% of the site dedicated to Civic Open Space. There are a variety of ways to provide civic open space on a property, but generally it is through small park concepts like a green, plaza, or community square. Developments already have to dedicate 30% of their site to open space and this 5% can be counted towards the required 30% open space. New Setbacks and Screening of Parking: The draft code seeks to encourage buildings to be closer to the street, with parking in the rear. The new code establishes a twenty-foot maximum building setback to move buildings closer to the street. The code also allows buildings to encroach into the required front landscape buffer with features like porches and balconies. Waiver Process: The draft code creates a process where developers can be granted waivers from specific code requirements if their projects provide a public benefit. There are several other changes to the code proposed. You can find the Commercial Corridor Master Plan and Draft Code at the following link: httl2s://www.teguesta.org/1520/Community-Vision-and-Master-Plan. At the workshop on April 29th you will have an opportunity to learn more about the code and provide feedback to the Village Council.We hope you can attend. For more information, contact Community Development at: https://bit.ly/com - • overlay f16 U L ^ _ O ry two*@ ,r !w wMpr LLI �+ U J ._ •U w G� M O E � ._ N — o d C� _ .. p ''- ce 0 Q < a U Z � O w �' _ u p •� � LU 1y 'v" ' L }, Eim U := Q x Hcch a. 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