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Home My WebLink AboutPresentation_Workshop_7/1/2024Proposed Code Text Amendment (Commercial Overlays) 2024July 1, Village Council Workshop 1 Based on Treasure Coast Regional Planning Council (TCRPC)’s Report24-Ordinance 1– Overlay Commercial Districts Proposing 2 OverlayVillage Center •OverlayUS Highway One •OverlayTequesta Drive •zoning maponto our existing commercial districts Three (3) overlay Regulations In All Three Districts 3 Waivers are allowed from site or landscape requirements•viewpublic Surface parking shall be screened by buildings or landscaping by •.streets, parks, or civic open spacesParking not permitted in the front setbacks or in side setbacks facing •feetThird story must have additional setback between 8 to 12 •bufferAllow encroachment of 4 feet into the landscape •feetMinimum landscape buffer of 15 •feet•5% Civic Open Space • Definition of Formula Business similar type business. , finance and securities investments and any estatereal art, interior design, accounting, insurance, Architectural, engineering, planning, law, music, ServicesProfessionalsale of any retail productstudios, or any similar use that does not involve the massage parlors, personal training and fitness Beauty parlors, shops or salons, barbershops, Personal Servicesalso known as health care practitioners)podiatrists, optometrists, psychiatrists, (who are physical therapists, nurses, acupuncturists, Physicians, dentists, chiropractors, osteopaths, OfficeMedical, or DentalHealth Care, DefinitionUse 4 or more in the nation. one of a chain or group of ten standardized features; and is mark, name, or similar scheme, trademark or service facade design, signage, color employee uniforms, decor, and/or merchandise, standardized array of services with a real estate services retail, personal service, or care, medical, dental, health establishment that offers means an Business, formula • Formula Business Examples 5 Harbor Overlayformula retail and restaurants in Sunset Prohibitsretail and restaurants are includedOnly200100 & Harbor)(Sunset Miami BeachDrive and Ocean Terraceformula retail and restaurants on Ocean Prohibitsretail and restaurants are includedOnly75& 5Overlay)(Art Deco Miami Beachtheir Mixed Use Overlayand restaurants infor all formula retail special exception Requires retail and restaurants are includedOnly11FlBeach, Holmestheir “Formula Business Area”and restaurants infor all formula retail special exception Requires retail and restaurants are includedOnly6FlStuart, entire city. in the are prohibited restaurants All formulaOnly restaurants are included3FlPalm Beach, in the entire city. prohibited are retail and commercial business All formulacommercial uses includedAll3FlAnna Maria, entire cityfrom are prohibited retail. Formula restaurants use needed for all new formula exception Specialbanks, etcservices like real estate, medical, dental, Retail definition: excludes professional3FlSanibel,RestrictionDefinitionNumberCity Possible Definition of Formula Business 6 or more in the nation. name, or similar standardized features; and is one of a chain or group of ten decor, facade design, signage, color scheme, trademark or service mark, standardized array of services and/or merchandise, employee uniforms, with a services personal service, or real estate retail, medical, dental, health care, means an establishment that offers Business, formula • Streamlining Approval 7 to Council approval can be 30 days. require a special exception. The turnaround time from application submittal Staff can create an expedited review process for tenant change outs that •270, or 365 days. without having to get a Special Exception. This could be extended to 240, formula businesses to be replaced by the same type of formula business, The code was previously extended from 90 days to 180 days for existing • •Tequesta Drive Overlay xceptionepecial sFormula business requires •rohibitedpFormula restaurants •rohibitedpDrive through's •residential areas. way that is not disruptive to delivery of limited services in a balances convenience with the the corridor in a manner that by limiting uses permitted within village character and aesthetics, protect the local “hometown” established to preserve and Tequesta Drive Overlay is . The Purpose and intent US Highway One Overlay business requires special exceptionFormula •xceptionepecial srestaurant requires Formula •buildings and screened from public viewermitted on side and rear of pDrive through's •.1HighwayUSalongrealmsprivateandpublicbothinfacilitiesorientedpedestrianofconstructionand;corridorthewithinlocationsvariousthroughoutusescomplementaryofclustering;propertyprivateandpublic oflandscapingincreasedthroughappearancephysicalenhancedwithcorridorcommercialfriendlypedestrianaforprovideandencouragetoestablishedisOverlay1HighwayUSThe.intentandPurpose US Highway 1 Overlay 9 Village Center Overlay Formula business requires special exception•exception within a 2 acre development. formula restaurant can apply for a special prohibited, except one Formula restaurants •“new” drive through’s)prohibited (Can change to say Drive through's •.BoulevardVillageandHighway,DixieOldRoad,BridgeDrive,Tequestabetweenconnectivitypedestrianaprovidingwhilespacescivicandcommercia l,residential,assuchusesofdiversityaandcharacterarchitecturalencouragetoestablishedisOverlayCenterVillageThe.intentandPurpose Village Center Overlay 10 Formula Business Examples 11 real estateExcludes service establishments like banks, insurance,50MdChesapeake City, businessIncludes any15Coronado, CabusinessIncludes any10TxFredericksburg, Only retail and restaurant are included10Nantucket, MabusinessIncludes any10Sonoma, CabusinessIncludes any10ScFolly Beach, and hotel are includedRetail, restaurant,10CaOjai,are includedRetail, restaurant, and hotel7, CaCarpinteriabusinessIncludes any5CtFairfield,NumberCity Formula Special Exception Criteria 12 approved by the Village Council.designed to be in harmony with architectural features and elements of the building and neighborhood as The proposed formula business or restaurant’s corporate structural elements and signage will be (h) neighborhood.Architectural style, design, exterior facade colors shall be compatible with the surrounding (g) uses on the site is appropriate given the uses permitted on the site and on adjoining sites.nonobtrusive manner to preserve the local community's character and ambiance and the proposed intensity of has been designed and will be operated in a business or restaurantformulaThe proposed(f) will be compatible with existing surrounding uses.business or restaurantformulaThe proposed(e) and help promote and foster the local economic base.will complement the existing businesses in the district business or restaurantformulaThe proposed(d) in the district.businessesofwill contribute to a diverse and appropriate blend business or restaurantformulaThe proposed(c) which detracts from its local uniqueness.will not alter the identity of the zoning district in a way business or restaurantformulaThe proposed(b) 364.-363 and 78-Code Sections 78(a) The proposed formula business or restaurant shall comply with the special exception requirements of Village Current Special Exception Criteria 13 abutting streets.egress is so designed as to cause minimum interference with traffic on street parking and loading is provided and ingress and -off6) Adequate (•chapter.landscaping and screening is provided as required in this 5)Adequate (•proposed character of the district where it is to be located.use will be compatible with adjoining development and the 4)The (•property in the neighborhood where it is to be located.use will not cause substantial injury to the value of other 3)The (•the public health, safety, welfare and morals will be protected.use is so designed, located and proposed to be operated so that 2)The (•proposed use is a permitted special exception use.1)The (• Building Height 1-USVillage Center & stories or 50 feet4MUVillage Centeror 40 feet3 stories3-CCenter1, Village-US4 stories or 50 feet2-CTequesta Drivefeet2 Stories or 351-CMax Height 14 and is less than ten feet in height.the roof provided that the screen is not under roof are excluded, as are screens to conceal facilities on operating equipment enclosed within the roofline Stairways, elevator penthouses, and accessory than four feet above the highest point of the roof. (4) For a roof with equipment which exceeds more •(3) Deck lines on a mansard roof;•roofs;and roof ridge or peak with gable, hip, or gambrel (2) The average height level between the eaves •(1) The coping of a flat roof;•following:Height shall be measured to the highest point of the building to the highest point of the building or roof. the highest adjacent grade, at the base of the measured from the existing average elevation of means the vertical distance Building, height of,• Architectural Features Above Height Limit 15 Rooftop Dining 16 Rooftop Dining/Lounge 17 Rooftop Lounge 18 Height Allowances (North County)can be applied for a restaurant or cocktail lounge to exceed 30%be sufficiently screened and provide trees and greenspace on roof. A waiver Rooftop gardens, pools, restaurants, or cocktail lounges are permitted. Shall 3.below. Buildings may include a partial story, provided it is less than 30% of the floor 2.to the waterfront.A waiver for an additional story is allowed closer1.CodeUse-MixedBeach Palm Northassorted roof designs and/or stylesA maximum 25% increase in height may be requested for use of varying or 2.the maximum height. bell towers, or similar structures may be a maximum of 20 feet above Spires,1.Abacoaof JupiterTownstory. -that is one3. An additional square foot of extra floor space is allowed for every square foot appropriatevariation are llows an additional half story bonus if roofline and architecturalA2.1. Allows additional story for live work unitsJupiter Inlet Districtof JupiterTownHeight AllowancesZoning DistrictCity 19• Height Allowances use project-1. Council may approve an additional story (5 stories) for a mixedCommercial& Medical Commercial General Juno BeachAllows waivers for building height through the site plan process. 2.180 feet. -135and/or affordable housing units get a height bonus of between Workforce1.Overlay DevelopmentTransit Oriented GardensPalm Beach a building for architectural features. The town commission may waive up to a 20 percent increase in the height of 1.DowntownPark Avenue Lake Parkfeet.uses and half acre of civic open space buildings may be 14 stories and 175 residential -a site that is at least 10 acres, with 90,000 square feet of nonFor3.feet.uses and half acre of civic open space buildings may be 10 stories and 125 residential -a site that is at least 7.5 acres, with 70,000 square feet of nonFor2.uses and half acre of civic open space buildings may be 6 stories and 75 feet.residential -a site that is at least 5 acres, with 50,000 square feet of nonFor1.(Twin City Mall)3-CParkBeach & Lake Palm NorthHeight AllowancesDistrictZoningCity 20•(North County) Possible Height Waiver Language 21.exceed 50% of the building footprintof the two; may be eligible to apply for a waiver for a partial fifth story, which cannot creates 15% civic open space, substantial offsite improvements, or a combination that a development over 2 acres that Except Increase the maximum building height. in conjunction with a site plan review application. Waivers cannot be used to: certain overlay zone regulations. All waivers must be granted by the Village Council Waivers. Waivers from site or landscape requirements may be requested from Possible Architectural Features Language 22 greenspace shall be provided on any active rooftop facility. Adequate trees, shrubs, or screened from the street and adjacent properties. be sufficiently shall cocktail lounges may be up to ___% of the square footage of the floor below. All rooftop facilities permitted. Rooftop restaurants or Rooftop gardens, pools, restaurants, or cocktail lounges are •features. waive up to a 20 percent increase in the height of a building for architectural Village Council •Spires, bell towers, or similar structures may be a maximum of 20 feet above the maximum height. •Additional language the Council could require by right or by waiver. Density 23 Property owners in the Village have requested additional density or density bonuses. 2 Zoning District’s.-CUse and -The Village currently allows residential density of 18 dwelling units per acre in the Mixed Density 24 bedroom unitsMostly 3 •Bed Units1, 2, and 3 •Stories4•Acre 33,939 SF Per •AcreUnits Per 19.5 Dwelling •(PBG)Central Blvd •Gardens”“Central Density 25 Bed Units1, 2, and 3 Mix of Studio, •3 Stories•Per Acre26,348 SF •AcreUnits Per 22 Dwelling •PB)(Juno/PBG/N1 -US•“The Point” Density 26 Mix of 1, 2, and 3 Bed Units•Stories4•33,809 SF Per Acre•Acre27 Dwelling Units Per •Alton (PBG)•At AltonAtlantico Density Bonuses (North County)BenefitPublicVaries by Zoning DistrictPUD’sJuno BeachNo criteriacounted district wideallow density to be CanTwin City Mall3-CLake ParkHousingWorkforceacre to 36 d/u an acrefrom 24 d/u an IncreaseUse-MixedNorth Palm BeachPublic Benefit2 d/u an acrePUD’sJupiterWorkforce Housingworkforce housing100% if 50% are -31OverlaysPennaStreet, Toney or in Inlet Village, Center Rail -mile of Potential Tri.5JupiterWorkforce Housingworkforce housingincrease if 40% are 30%EverywhereJupiter HousingWorkforce/Affordable14 d/u an acre-Between 6District, RM, RHUse-TOD District, MixedPalm Beach GardensDensity BonusZoning DistrictsCity 27 Density 28 counting residential density. The definition of dwelling unit in the zoning code has to be amended to allow a different way of •affordability. This is done in other municipalities in Florida and around the country, as a way to increase housing •smaller units to count as partial dwelling units for density purposes.One way to allow additional dwelling units without amending the Comprehensive Plan is to allow •Comprehensive Plan Any increases to the number of dwelling units allowed per acre requires updates to the • Density 29 bedroom units. -This could also be capped at a certain number of one.purposesbedroom units to count as .5 dwelling units for density -eligible to apply for a waiver to allow onecreates 15% civic open space, substantial offsite improvements, or a combination of the two; may be Except that a development over 2 acres that the maximum allowed density/intensity. Increase application. Waivers cannot be used to: regulations. All waivers must be granted by the Village Council in conjunction with a site plan review from site or landscape requirements may be requested from certain overlay zone Waivers Thank you!30 Questions? Tequesta Drive buffer.foot landscape -is 15 feet. However, the following frontage types may encroach a maximum of four (4) feet into the minimum 15rather than minimum shown above and the minimum landscape buffer maximum of 20 feet The front setback for this overlay is a 3 Zoning -2,& C-1, C-Commercial Zoning Districts along Tequesta Drive include C Zoning Requirements along Tequesta Drive are as follows:25%N/A3 stories/40 ft.way or spur track-of-property abuts railroad right10 ft. however, none where noncommercial districtintersecting street and if None, except 10 ft. at any 15 ft.40%50 ft.ft. 5,000 sq. 3-C25% N/A 4 stories/50 ft. way or spur track. See note 5 -of-property abuts railroad right10 ft. however, none where note 5 noncommercial district. See property is contiguous with any intersecting street and where a 10 ft., except 20 ft. at any note 5 story above 50 ft. See additional 5 feet for each story buildings require an -and 5-except 425 ft., 40% 75 ft. ft. 7,500 sq. 2-C25% N/A 2 stories/35 ft. applicable from center of rear alley if 10 ft. from property line or 10 ft. noncommercial district intersecting street and if None, except 10 ft. at any 15 ft.40% 75 ft. ft. 7,500 sq. 1-C Space Open Landscape Minimum RequirementArea Living Minimum Height Building Maximum Rear Yard Side Yard Front YardCoverage Maximum Lot Lot Width Minimum Size Lot Minimum District MINIMUM SETBACKS 31 Zoning Requirements– MINIMUM SETBACKS buffer.foot landscape -is 15 feet. However, the following frontage types may encroach a maximum of four (4) feet into the minimum 15rather than minimum shown above and the minimum landscape buffer The front setback for this overlay is a U Zoning -2 & M-Commercial Zoning Districts along US Highway 1 include C:The Zoning Requirements along US Highway 1 are as follows 32 Zoning Requirements–US Highway 1 25%N/Agrade.average finish feet above four stories or 50 allowed shall be building height The maximum Residential: 10 ft.Commercial abuts •Commercial: 0 ft.Commercial abuts •Residential: 10 ft.ft.Commercial abuts Residential: 7 •ft.Commercial abuts Commercial: 0 •Commercial: •One Side: 0 ft.•Residential: Commercial: 0 ft.Residential: 10 ft.70%under unity of title: minimum sized lot excess of the lots/parcels in Two or more •sized lot: 60%Single Minimum •Commercial: Residential: 60%40 ft.ft. 3,200 sq. U-M25% N/A 4 stories/50 ft. note 5 way or spur track. See -of-property abuts railroad right10 ft. however, none where noncommercial district. See note 5 property is contiguous with any intersecting street and where a 10 ft., except 20 ft. at any note 5 story above 50 ft. See additional 5 feet for each story buildings require an -and 5-except 425 ft., 40% 75 ft. ft. 7,500 sq. 2-CSpace Open d LandscapeMinimum s RequirementArea Living Minimum Height Building Maximum Rear Yard Side Yard Front YardCoverage Maximum Lot Lot Width Minimum Size Lot Minimum District Village Center Overlay landscape buffer.Tequesta Commercial Corridor Master Plan may encroach a maximum of four (4) feet into the minimum 15 foot landscape buffer is 15 feet. However, the following frontage types as detailed in Appendix C of the Village of rather than minimum shown above and the minimum maximum of 20 feet The front setback for this overlay is a 25%N/Agrade.averag e finish feet above four stories or 50 allowed shall be building height The maximum Residential: 10 ft.Commercial abuts -Commercial: 0 ft.Commercial abuts -C: R: 10 ft.Residential: 7 ft.Commercial abuts -Commercial: 0 ft.Commercial abuts -C: Remaining Side: 7 ft.-One Side: 0 ft.-R: C: 0 ft.R: 10 ft.title: 70%sized lot under unity of in excess of the minimum Two or more lots/parcels -lot: 60%Single Minimum sized -C: R: 60%40 ft.3,200 sq. ft. U-M25%N/A3 stories/40 ft.spur trackway or -of-railroad rightwhere property abuts 10 ft. however, none noncommercial district contiguous with any 15 ft.40%50 ft.5,000 sq. ft.3-C25% N/A 4 stories/50 ft. spur track. See note 5 way or -of-railroad rightwhere property abuts 10 ft. however, none note 5 noncommercial district. See contiguous with any where a property is intersecting street and 10 ft., except 20 ft. at any note 5 above 50 ft. See feet for each story an additional 5 buildings require story -and 5-except 425 ft., 40% 75 ft. 7,500 sq. ft. 2-CSpace Open Landscaped Minimum Requirements Area Living Minimum Height Building Maximum Rear Yard Side Yard Front YardCoverage Maximum Lot Width Minimum Lot Size Lot Minimum District Minimum Setbacks U Zoning -3 & M-2, C-Commercial Zoning Districts along Village Center Overlay include C:The Zoning Requirements within the Village Center Overlay are as follows 33 Zoning Requirements– Waivers required for waiversThe proposed code includes the criteria •143.-height pursuant to Section 78Increase the allowable building •density/intensity. Increase the allowable •under Overlay or zoning district. Add uses that are not permitted •The waiver process cannot be used to: •site plan review application.Village Council in conjunction with a All waivers must be granted by the •requested from certain regulations. landscape requirements, waivers may be waiver if is unable to meet the site or Applicant or property owner may seek a 34 Waivers versus Variances Require approval by Village Council•143.-pursuant to Section 78Increase the allowable building height •Increase the allowable density/intensity. •Add uses that are not permitted under •The waiver process cannot be used to: •application.Council in conjunction with a site plan review All waivers must be granted by the Village •Associated with developments (typically PUDs)Relief from code requirementsWaiversRequire approval by elected officials•landowner. zoning code would result in a hardship for the of a property, when the strict application of the hardship related to the physical characteristics A variance is typically granted due to a •Associated with land hardships•Relief from code requirements•Variances 35 Civic Open Space Elements of the District Overlays 36 Maintenance may be dedicated to the Village or responsibility on property owner•Civic open space shall be counted towards the minimum landscape open space requirement.•accommodate civic open spaceLandscape buffers on the front and side may be reduced by no greater than 25% of each side to •of the total site’s square footage.five percent (5%) shall provide civic open space equal to New development or additions of gross floor area equal to 20 percent or more to existing buildings •Proposed Overlay Requirements Civic Open Space Elements (less than 250 sq. ft.)Pedestrian Passageway (less than 250 sq. ft.)Forecourt 6,000 sq. ft.)-(generally, 2,000Attached Green (at least 10,000 sq. ft.)Square (at least 2,500 sq. ft. in size)Playground (at least 1,000 sq. ft. in size)Plaza (at least 1,000 sq. ft. in size)Green Spacespen OTypes of Civic 37 the open space serves occupants of the building which for the village as a whole and for pleasing, and serve as an amenity environment, are aesthetically public, improve the pedestrian are accessible by the general maintained outdoor spaces which Civic open spaces are privately of the District Overlays 38 PassagewayAttached Green, Forecourt, Pedestrian Green, Plaza, Playground, Square, Options: of site sq. ft.)Civic Open Space Requirement: 12,108.8 sf (5% Acreage: 5.55 (sq. ft. 242,176.176)221 US Highway 1 (Village Square)PassagewayForecourt, Pedestrian Options: of site sq. ft.)Civic Open Space Requirement: 578.6 sf (5% Acreage: 0.2657 (11,5732.89 sq. ft.)312 Tequesta Drive Civic Open Space Example 39 Example of Changes U Zoning District.-MVillage Center and US Highway 1 consist of portions Center Overlaydevelopments larger than 2 acres in the Village for properties in US Highway 1 Overlay and Formula Restaurants is a special exception use •Overlay: Under the Village Center and US Highway 1 exception use (no matter the size)formula business would require special Any business that meets the definition of •Overlay: Under the Village Center and US Highway 1 uses and must front US Highway 1food restaurants are special exception -All fastRestaurants (including carryout and specialty) •Personal services•Health care facility, medical, or dental office•Business services•scale retail and services-Small•5,000 square feet of (GLA):uses are special exception uses if it exceeds Under the existing Village Code, the following Process 40 Village Council Second Reading: TBD•Village Council First Reading: TBD•Local Planning Agency (LPA) Hearing: TBD•approval process:will be subject to the zoning map amendment In addition to the code changes, a TBD:ReadingSecondCouncilVillage4.2024 ,29 April – Workshop Council Village3.takenactionno–2024,11April:ReadingFirstCouncilVillage2.)0-5(approvalrecommended–2024,21 March:Hearing(LPA)AgencyPlanningLocal1.:recommendationscodeproposedtheforprocessfollowingtheSee Non Conforming Uses longer considered a permitted nonconforming use. days, it is no 180 has been vacated, abandoned, or discontinued fornonconforming use has been replaced with a different use, or when it days. When a permitted replaced by the same use within 1802024 that have been vacated, abandoned, or discontinued, may be legally permitted prior to adoption of the commercial overlay code in Permitted nonconforming uses that were permitted nonconforming use. new overlay district, that existing use will continue to be deemed a ain 2024 but is not listed as a permitted use in commercial overlay code prior to adoption of the If an existing use was legally permitted on its site 41