HomeMy WebLinkAboutDocumentation_Regular_Tab 19_6/13/2024 Agenda Item #19.
Regular Council
STAFF MEMO
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Meeting: Regular Council - Jun 13 2024
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE NO. 1-24: FIRST READING, 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," "FAQADE 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, FAQADE, 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, FAQADE, 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, FAQADE, 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
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Agenda Item #19.
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.
Introduction
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 zoning 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.
The updated regulations and zoning overlays were put into Ordinance 1-24, which was first brought to
the Local Planning Agency ("LPA") at the March 21, 2024, meeting. At that meeting, the LPA voted to
recommend approval of Ordinance 5-0 with conditions. The Ordinance then went before the Village
Council on April 11 for First Reading. At the April 11 meeting, the owners of the Paradise Park
property requested that the Village do more outreach to the business community and property owners
before adopting the Ordinance. The Village Council directed staff to do additional outreach and hold a
workshop with the business community.
The Village scheduled a workshop for April 29 and sent out invites to the business community.
Approximately 350 registered business owners and commercial property owners were sent emails,
and an additional 60 mailers were sent to commercial property owners. The April 29th workshop was
attended by the same property owners that attended the April 11 Village Council meeting, as well as
a few additional residents and business owners. At the meeting the Village Council directed staff to
make a few updates to the Ordinance and take those updates back to the Local Planning Agency for
additional review.
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Agenda Item #19.
Updates Since April 29 Workshop
The following is a list of changes to Ordinance 1-24 since feedback was provided at the April 29th,
workshop:
-The number that makes a chain a "formula business" has been updated from 3 to 10.
-A definition has been created for a "waiver"
-Uses that are made nonconforming by Ordinance 1-24 are able to be replaced by the same use
within 180 days. This was previously 90 days.
-The code clarifies that business services, health/dental/medical office, and personal services are
permitted uses in various zoning districts, unless the business is considered a formula business.
-The code clarifies that if a property owner dedicates civic open space to the Village, that the Village
shall assume all liability and responsibility for the property.
These changes are highlighted in yellow in the attached Ordinance.
May Local Planning Agency Meeting
The LPA initially reviewed Ordinance 1-24 at the March 21, 2024, meeting with a recommendation of
5-0 for approval. The revised Ordinance was sent back to the LPA by Village Council for additional
review at the May 16 meeting. At the May 16 LPA meeting, the owners of the Paradise Park property
spoke in opposition to the Village Center Overlay and requested that the Village adopt the other two
overlays and work together to formulate a code for the Village Center Overlay that has more
development allowances or incentives. They suggested relaxing the definition of formula business so
that it does not include health care or real estate services, as well as including development
incentives such as allowing limited waivers for additional height or density. They stated if they could
be granted a limited waiver for height or density, it would make it more feasible for them to create
more civic open space on site.
During the Village Master Plan charettes, the concept of allowing development incentives like
increases in building height and/or density was raised for feedback from participants. The Master
Plan states, "The concept of development incentives was raised during the Village of Tequesta
planning process and there was little to no interest in raising building heights or increasing densities."
After public comment and lengthy discussion, the Local Planning Agency voted 3-1 to recommend
approval of Ordinance 1-24 with their initial 6 recommendations from March 21, as well as 2 new
conditions, and one minor update to condition #3.
1. Update the definition of "Open space, civic" to say "Open space, civic means an outdoor area that
is maintained as an urban amenity and is accessible to the general public during reasonable hours".
2. Update Section 78-204 (Waivers), to clarify that the Planning and Zoning Board shall review and
make recommendations on waivers to Village Council as part of the site plan approval process.
3. Make it clear that while the Village may allow the dedication of civic open space to the Village for
maintenance and operations, the Village Council does not have to accept the dedication or liability for
the dedication of civic open space.
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Agenda Item #19.
4. Reduce the size of properties that are eligible to request a payment in lieu of civic open space from
2 acres to 1 acre.
5. Make it clear that civic open space cannot have artificial turf.
6. Establish criteria for when the 80/20 residential/commercial mix can be relaxed in the MU District.
7. (New) Update the definition of waiver to say: Waiver: means a request to deviate from a specific
code requirement where alternative solutions are provided that can be demonstrated to provide a
substantial public benefit that is specifically recognized by the Village Council to justify the waiver or
result in a better design outcome than the best design option permissible under the code. Waivers
may be granted in the Tequesta Drive, US Highway One, Village Center Overlay Districts, and
Planned Commercial Developments (PCD's).The substantial public benefit or the specific design
outcome must be specifically and expressly identified in writing by the applicant and approved by the
Village Council.
8. (New) Exclude the Village Center Overlay from adoption of Ordinance 1-24 and continue
workshopping code changes with the owners of the Paradise Park property.
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
01-24 Overlay Zones Text Amendments-Marked Up
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Agenda Item #19.
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 NOW
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,
FAQADE, 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
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Agenda Item #19.
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, FAQADE, 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
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Agenda Item #19.
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 May 16, 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
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Agenda Item #19.
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. 78-4. - 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 ten 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 playground, 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 grouD of three
or more restaurants in the nation, and which satisfies at least two of the following three
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Agenda Item #19.
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 Dersonal identification or simple logo will not render the
clothing a uniform.
Transaarency, facade means the amount of transparent window class 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 Dercentaae and is calculated separately
for the around story of a facade and for each upper story.
Waiver means a reauest to deviate from a specific code requirement where alternative
solutions are Drovided that can be demonstrated to Drovide a Dublic benefit or result in
a better design outcome. Waivers may be granted in the Teauesta Drive, US Highway
One, Village Center Overlay Districts, and Planned Commercial Developments (PCD's).
[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
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Agenda Item #19.
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 adoption of the
commercial overly code in 2024 but is not listed as a permitted use in a new overlay
district, that existing use will continue to be deemed a permitted nonconforming use.
Permitted nonconforming uses that were legally permitted prior to adoption of the
commercial overlay code in 2024 that have been vacated, abandoned, or discontinued,
may be replaced by the same use within 180 days. When a permitted nonconforming
use has been replaced with a different use, or when it has been vacated, abandoned
or discontinued for 180 days, it is no longer considered a permitted nonconforming 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 unless the use is also included in the definition of Formula
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Agenda Item #19.
Business.
(3) Health care facility or medical or dental office; professional office; professional
services unless the use is also included in the definition of Formula Business.
(4) Personal services unless the use is also included in the definition of Formula
Business.
(5) Restaurants, excluding fast food restaurants, drive-in restaurants, and carryout
restaurants and excluding formula restaurants in the Teauesta Drive Overlay.
(6) Restaurant, specialty excluding formula restaurants in the Teauesta 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 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 adjoining sites.
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Agenda Item #19.
. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula business' 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.
(e) Prohibited uses and structures. The following uses and structures are prohibited in
the C-1 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. 78-177. 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 unless the use is also included in the definition of Formula
Business.
(3) Health care facility or medical or dental office; professional office; professional
services unless the use is also included in the definition of Formula Business.
(4) Personal services unless the use is also included in the definition of Formula
Business.
(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.
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Agenda Item #19.
[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
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 adioinina sites.
a. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula business' 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 services shall comply with the reauirements set forth in
Section 22-82 U9 .
(22) Formula restaurants, subject to the following regulations:
a. The proposed formula restaurant shall comply with the special exception
9
Page 294 of 344
Agenda Item #19.
requirements of Village Code Sections 78-363 and 78-364.
b. 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 adjoining sites.
g. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula restaurant's 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,
L Drive through services shall comply with the requirements set forth in
Section 78-177 (d) (17)(a through d).
(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
10
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Agenda Item #19.
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 unless the use is also included in the definition of
Formula Business.
(2) Business services unless the use is also included in the definition of Formula
Business.
(3) Health care facility or medical or dental office; professional office; professional
services unless the use is also included in the definition of Formula Business.
(4) Personal services unless the use is also included in the definition of Formula
Business.
(5) Retail package liquors, lounges and bars.
(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 (111) 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.
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.
11
Page 296 of 344
Agenda Item #19.
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 desiqned 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 qiven
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 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. 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
12
Page 297 of 344
Agenda Item #19.
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 reaulations supersede the mixed-use zonina
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 Teauesta 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 reauirement 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.
13
Page 298 of 344
Agenda Item #19.
(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 unless the use is also included in the definition of Formula
Business. 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 unless the use is also included in the definition of Formula Business. A
maximum 5,000 square feet of gross leasable area is allowed for each tenant
area or individually owned unit.
(7) Personal services unless the use is also included in the definition of Formula
Business. A maximum 5,000 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(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 Teauesta 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
u n it.
14
Page 299 of 344
Agenda Item #19.
(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.
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 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 services shall comply with the requirements set forth in
Section 22-82 U9 .
(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.
b. The proposed formula restaurant will not alter the identity of the zoning
district in a way which detracts from its local uniqueness.
15
Page 300 of 344
Agenda Item #19.
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 adjoining sites.
g. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula restaurant's corporate structural elements and
signage will be designed to be in harmonv 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 78-180 (i) (15).
[subsections 0) through (m) shall remain in full force and effect as previously
adopted]
Sec. 78-181-78-200 . - 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, 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. 78-203 "Village Center Overlay" creating and defining this
16
Page 301 of 344
Agenda Item #19.
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 Teauesta 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.
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.
Lc) 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.
fM 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
17
Page 302 of 344
Agenda Item #19.
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 Teguesta Drive West Seabrook Road Cypress Drive
Frontage Types
Porch Yes Yes No
Stoo Yes Yes No
Bracketed No No No
Balcony
Forecourt Yes Yes Yes
Arcade No No No
Shopfront Yes No Yes
Table 1: Teauesta Drive Overlay
Property Line
Building Footprint °'' - "-W
17 16 �W�
f
Allowable Encroachment
Walkway,,,
4s
-............. ............ ............ ......................:
is, 20' MAX
Landscape Front Setback 1 6'
ZZ
B u ffe r
---- },�---- ---- -------- ----- .------------------------
Sidewalk cc
E
Swale
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 depicted in
Figure 2 below:
18
Page 303 of 344
Agenda Item #19.
LOP ' Overall Setback
81 Overall Setback Leve
12
Leve l 2
0' MAX
Setback —
1 r
41 Leve l 1
Sidewalk '
Street Landscape
a
� Swale Buffer
Property Line : Building Line
Private, Property
Fig 2: Teauesta Drive 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.
19
Page 304 of 344
Agenda Item #19.
Primary Street
Swale
R-O-w
Sidewalk Property
.---- ------- --- - --- ---- --- ---- --- --
-- --- ---- -- --- - Lines
t
r �
a ...._.................._....._.....- '
r ir
4-0 � I � It
CU = i Building Footprint i t
I
ra
Q Rear Parking
R.-O-1l' 1 j
€"= - .. ..... ..... ..... .... ..... ..... .... ..... .
F
1
i
R- - 15' Landscape Buffer
Fin. 3: Teauesta Drive Overlay
Primary tre t
Swale
Line -
I �
4-1
i
I _
I
Building Footprint
0 , I
� I
CU
Rear Parking
, I
, I
I
I
, I
, I
- I
� I
A I
I
I
Rear Parking
I
1 ' Landscape Buffer
Fig. 4: Teauesta Drive Overlay
20
Page 305 of 344
Agenda Item #19.
Primary Street
Swale lop.
Property I d ewa f k
Lire - - - - - - - - - - - - - - - - - - - - - - - - _  - - - - - - - - - - - - - - -
d
+-A
Building Footprint -
'
co
A -
cu
r� Perkin
Ln
r
Rear Parking :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -AHeyway
Fig. 5: Teauesta Drive 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 78-706 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.
21
Page 306 of 344
Agenda Item #19.
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 desiqned 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 qiven
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 signage
will be designed to be in harmony with architectural features and elements
of the building and neighborhood as approved by the Village Council.
(g) Civic open space.
(1) Amount required. New development or re-development which adds qross 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
open space shall be counted towards the required minimum landscaped open
space.
(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, consistinq 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
rovide children's play equipment and shaded seating. Playgrounds adjoin
22
Page 307 of 344
Agenda Item #19.
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. Aforecourt may afford
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.
g. 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 passageway.
(3) Maintenance and operation of civic open space. Civic open space areas may
be dedicated to the Village for maintenance and operations purposes.
23
Page 308 of 344
Agenda Item #19.
Otherwise, maintenance and operations shall be the responsibility of the owner.
If a civic open space is dedicated to the Village, the Village shall assume all
liability and responsibility for the property. The assumption of liability and
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County.
(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 eaual 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 acauisition, 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
granted 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
24
Page 309 of 344
Agenda Item #19.
below.
-15'
Building Footprint ' R-O-'�I�!
Allowable 6'
Encroachment
0
e
Walkway a--+
20 MAX Civic Opera Space � �� " � coLandscape +�
Front Setback � ��, � � � +-
----- - - ------F-------- - - - -- --- -- --- -- --- -- c
Sidewalk �
E
Swale -�
R-O-W
Primary Street
Fig. 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.
Sec. 78-202. US Highway One Overlay.
La) Purpose and intent. The US Highway-1 Overlay is established to encourage and
rovide 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 Highway 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.
Cc) 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
25
Page 310 of 344
Agenda Item #19.
new development and re-development in this Overlay one. 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.
fM 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:
US Hic
jhway 1 Overlay Permissible Front Landscape Buffer Encroachments
Porch No
Stoo Yes
Bracketed Balcony Yes
Forecourt Yes
Arcade No
Shopfront Yes
Table 1: US Highway One Overlay
26
Page 311 of 344
Agenda Item #19.
Property Line
-0-W
Building Footprint 20' R
4 1 '
fu
' Allowable Encroachment
, ,
............ ................
Walkway�
is, ' MAX
Landscape Front Setback 161 )
Buffer
---------- -------- -----------------------
Sidewalk
Swale
R-O-W
Primary Street
Fig. 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 depicted in
Figure 2 below:
27
Page 312 of 344
Agenda Item #19.
Overall Setback
' Overall Setback 100, Leve I
1 ' 3
loe
Level 2
' IV X
Setback
1 r
-
Lvl 1
Sidewalk
Street + Landscape
Swale Buffer = �
Property Line Building Line
Fig 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.
28
Page 313 of 344
Agenda Item #19.
Primary Street
Swale
R-O-W
Sidewalk Property
---------------------- Liao
I ,
I �
.. _ i
I I
I - �
Building Footprint i
—.� _
C3L
Rear Parking
I I I I
R-O-
r
_ I
i
R-O-W 15' Landscape Buffer
If
---------------------------------------------------
Fig. 3: US Highway One Overlay
Primary Street
Swale
.�
Pr o p e r-ty Sidewalk- - - - - - - - - - - - - - - - - -
Lrne - - -
M
2 0
Building Footprint
I
CU
Rear Parking
_ a
of
- of
' Rear Parking
I
I
� I
1-5' Landscape Buffer
Fig. 4: US Highway One Overlay
29
Page 314 of 344
Agenda Item #19.
Pri rn a ry Street
Swale
PropertyW -Sidewalk
Line r - - - - - - - - - - - �. .� . - - - - - - - - - - - - - v - - - - - - - - --• - y
--
- - - -
1
Building Footprint
rintcu
! .
116
:
r
00,
r :
w Rear Parking
Ln
Oil I I I I F
r
r
r -
r
r
Rear Parking
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Alleyway
.
Fia. 5: US Hiahwav 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
30
Page 315 of 344
Agenda Item #19.
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.
a. Architectural Style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
h. The proposed formula business or restaurant 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 facilities must comply with paragraphs (f)(1) and (f)(3) of this
subsection.
(g) Civic open space.
(1) Amount reauired. 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 eaual to five (5)-percent of the total site's square footage. Civic
31
Page 316 of 344
Agenda Item #19.
open space shall be counted towards the required minimum landscaped open
s ace.
(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. Plavarounds
rovide 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 sauare is at least 10,000 sauare feet and adjoins streets on at
least three sides. Sauares may be up to 50 percent hardscaped, with formal
landscaping. Squares accommodate both passive uses and community
aatherinas.
e. Attached Green. An attached green is generally 2,000 to 6,000 sauare 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 buildina
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. Aforecourt may afford
access to one or more first floor residential dwelling units or incorporate
storefronts for commercial uses. The forecourt is suitable for outdoor
32
Page 317 of 344
Agenda Item #19.
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 skv
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 reauired
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.
Jf a civic open space is dedicated to the Village, the Village shall assume all
liability and responsibility for the property. The assumption of liability and
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County. .
(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 eaual 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
33
Page 318 of 344
Agenda Item #19.
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 acauisition, 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
granted 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 Raure 6
below.
Building Footprint � P-O-W
4 Aipoable _ �
Encroachment
Walkway a-J
.................._. ¢' ,
Qj
] MAXCivic Open Space � c� ' � t�
Landscape Front Setback — -` W +-P
:2
Buffer � cry
---- -- - -- --- -
- -- - - --
Sidewalk
E
Swale
-O-W CL-
Primary Street
Fig. 6: US Highway One Overlay
(2) Waivers. Waivers from site or landscape reauirements may be reauested 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.
34
Page 319 of 344
Agenda Item #19.
b. Increase the maximum allowed density/intensity.
c. Increase the maximum allowed building height.
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
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.
tM Streets. Streets within the Village Center Overlay shall be designated as primary and
secondary streets. Teauesta Drive, Bridge Road, Old Dixie Highway, 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:
35
Page 320 of 344
Agenda Item #19.
Villac
je 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
Stoo 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: Villaae Center Overlay
Property Line
9
"1 5 1
J
I
I
Building Footprint °' f -0;
4171 16'
o
' Allowable Encroachment
Walk a
............ . ...... {
1 ' 2 0' MAX
Landscape Front Setback 1 ' Ln
Buffer
--_-- ---- ------- ----------- ------------------------- �
idewalk CU
-1E
Swale CL
l -O-W
Primary St r et
Fig. 1: Villaae 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 depicted in
Figure 2 below:
36
Page 321 of 344
Agenda Item #19.
.' Overall Setback
' Overall Setback Leve I
12q , 3
'Woe
Leve l 2
' X
Setback
Leve l 1
Sidewalk
Street Land sca pe
+ SwaleBuffer = �
Property Lines Building Line
Private Property
Fig 2: Villaae 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. Fiaures 3, 4, and 5 below are
uidelines for illustrative purposes and depict minimum requirements.
37
Page 322 of 344
Agenda Item #19.
Primary Street
Tale
R-O-W
Sidewalk Property
---- --------------------- ---- --- ---- --- ---- -- ---- Lire
G
H
H ....__..... ..... ............ .... ..... ..... ............._..... .....
G 1 1
i Building FootprintI L
i
G I
G 1 I Rear Parking '
H I I 4
I I r
R-O-W
2 1 Ll
6
i
R-C- 15' Landscape Buffer
Fig. 3: Village Center Overlay
Primary Street
Pro pe rty Swale
Line -
1 r
1 �
1 i
1 l I
Building Footprint !
l 6CID
i
1 I
i I
1 Rear Parking
Rear Parking
1 I
1 I
1 I
1 I
1 I
1 - I
1 - I
1 I
I
I
I
1 - I
15' Landscape Buffer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Fia. 4: Villaae Center Overlay
38
Page 323 of 344
Agenda Item #19.
Pri rn a ry Str t
wa le lop,
Property Sidewalk
Lire6 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - -
a
r: Building Footprint =
1
Rear Parkingire
Fear Parking :
_ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Alleyway
Fia. 5: Villaae 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 Village
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 Villaae Center Overlay
as a special exception use, subiect 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 identityQf the
39
Page 324 of 344
Agenda Item #19.
zoning district in a way which detracts from its local 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 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.
(g) Architectural style, design, exterior facade colors shall be compatible with
the surrounding neighborhood.
(h) The proposed formula business or 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 facilities are prohibited.
(g) Civic open space.
(1) Amount reauired. New development or re-development which adds gross floor
area of 20 percent or more to the existing development is reauired to provide
civic open space eaual to five (5)-percent of the total site's square footage. Civic
open space shall be counted towards the required minimum landscaped open
space.
(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 Drimarily for passive uses, consisting Drimarily
of lawn with either formally or informally arranged landscaping.
40
Page 325 of 344
Agenda Item #19.
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
rovide 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
gatherinas.
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. Aforecourt may afford
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.
g. Pedestrian passageway. A pedestrian passageway is open to the skv
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
41
Page 326 of 344
Agenda Item #19.
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.
Jf a civic open space is dedicated to the Village, the Village shall assume all
liability and responsibility for the property. The assumption of liability and
responsibility shall be included in the dedication and shall be recorded in the
public records of Palm Beach County.
(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.
42
Page 327 of 344
Agenda Item #19.
d. Fees paid in lieu may be used in conjunction with waivers. If an applicant is
granted 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
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.
15' '
Building Footprint r nt 4,Allowable ; R-O-W
1
Encroachment
Walkway kway
"k ..........,,,.,....................,.......... a
P
15i 2L I IA Civic Open.Space :
Landscape Font Setback -.
Buffer
I Ln Ln
'sk - ------- -- --- - _-- ----------- -- --- - J
Sidewalk �
Swale
R-O- I!
Primary Street
Fin. 6: Villaae 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 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.
Sec. 78-204. Waivers.
(a) In the Teguesta 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
43
Page 328 of 344
Agenda Item #19.
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
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 souaht.
(c) As part of the site plan aDDroval process, the V illage Council will hold a public hearing
to review the waiver reauest. 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 reauest clearly demonstrates the public benefits to be derived;
(4) Whether the reauest furthers the goals of the Village Commercial Corridor
Master Plan, and exemplifies the architectural, building, and site design
techniques desired-
5) Whether the reauested waiver is otherwise Drohibited 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 Dublic.
44
Page 329 of 344
Agenda Item #19.
(d) At the conclusion of the public hearing, the Village Council shall make a decision on
each reauested 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
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 injurious to surrounding properties or nearby
neighborhoods; and
(4) The proposed waiver is not inconsistent with the Village of Teauesta
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.
45
Page 330 of 344