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Home My WebLink AboutDocumentation_Regular_Tab 17_09/10/20091'~ 1. VILLAGE COUNCIL MEETING: VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM Meeting Date: 9-10-09 Meeting Type: Regular Ordinance #: 18-09 Consent Agenda: No Resolution #: Click here to enter text. Originating Department: Community Development 2. AGENDA ITEM TITLE: (WORDING FORM THE SUBJECT LINE OF YOUR STAFF REPORT) FIRST READING OF AN ORDINANCE TO ADD PERMITTED USES TO THE MU, C-2 AND C-1 ZONING DISTRICTS. 3. BUDGET /FINANCIAL IMPACT: NONE ACCOUNT #: Click here to enter text. AMOUNT OF THIS ITEM: ~.~ lick here to enter text. CURRENT BUDGETED AMOUNT AMOUNT REMAINING AFTER ITEM: AVAILABLE: Clic~l~; I ~e~ E_~ ~t~ ~ r-~tes. text, BUDGET TRANSFER REQUIRED: APPROPRIATE FUND BALANCE: Choose an item. ~;9;Fv,~g. ~~ ,.~~~. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (THIS IS A SNAP SHOT DESCRIPTION OF THE AGENDA ITEM) FIRST READING OF AN ORDINANCE TO ADD FLORIST TO THE C-1 ZONE, FLORIST AND RETAIL PACKAGE STORE TO THE C-2 ZONE AND FLORIST TO THE MU ZONE AS PERMITTED USES. 5. APPROVALS: ~/ 9/3 Dept. Head: ~~~ ~ Finance Director: ^ rReviewed for Financial 'efficiency '/ ~ ~ No Financial Impact Attorney: (for legal sufficiency) Yes [~f No ^ Village Manager: ~~ - / Routing Sheet Process 1. Send ALL completed forms to • SUBMIT FOR COUNCIL DISCUSSION: Finance for review ONE WEEK prior to agenda items due into Clerk's • APPROVE ITEM: ^ Office. ^ 2. Finance sends Routing Sheet to • DENY ITEM: Clerk by deadline. Form amended 08/26/08 3. Clerk formulates agenda and sends INTER-OFFICE MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Mayor and Council Mike Couzzo, Village Manager From: Catherine Harding Community Development Director Date: 9-10-09 Ref: Ordinance No. 18-09 The proposed Ordinance will permit all business properties in the C-2 Commercial Zoning District, along with the business properties in the C-3 General Commercial District, to have Retail Package Liquor Stores. Further it will permit Florist in the C-2 Community Commercial District, the MU Mixed Use Zoning District and the C-1 Neighborhood Commercial Zoning District. This Ordinance will create a fair and equitable distribution of these uses in our Business Districts. Respectfully submitted, /~~ ORDINANCE NO. 18-09 AN ORDINANCE OF THE VILLAGE COUNCIL OF .THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. BY AMENDING SEC 78-176. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. TO INCLUDE FLORISTS AS A PERMITTED USE IN THAT ZONING DISTRICT; BY AMENDING SEC. 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE FLORISTS AND RETAIL PACKAGE LIQUOR STORES AS A PERMITTED USES IN THAT ZONING DISTRICT; AND BY AMENDING SEC. 78-180. MU MIXED USE DISTRICT TO INCLUDE FLORISTS AS A PERMITTED USE IN THAT ZONING DISTRICT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB-SECTION 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, current development trends in the Village have led the Village Council to believe that the Village's C-1 zoning district should be revised to allow florists in this Commercial zoning district; and WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's C-2 zoning district should be revised to allow both florists and retail package liquor stores in this Commercial zoning district; and WHEREAS, current development trends in the Village have led the Village Council to believe that the Village's MU zoning district should be revised to allow florists in this Commercial zoning district; and WHEREAS, such a uses are deemed to be a reasonable additions to the Village's C-1, C- 2 and MU zoning districts; and WEIEREAS, the Village Council desires to adopt such a revision to the Village's zoning code; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the Citizens of the Village of Tequesta. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: 1 Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-176. C-1 Neighborhood Commercial District to add florists as a permitted use; providing that Sec. 78-176 shall hereafter read as follows: Sec. 78-176. C-1 Neighborhood Commercial District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted uses. Permitted Uses in the C-1 District are as follows: (1) - (6) [shall remain same as previously adopted] 7 Florist. (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph 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 VL District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-177. C-2 Community Commercial District to add retail package liquor stores as a permitted use; providing that Sec. 78-177 shall hereafter read as follows: Sec. 78-177. C-2 Community Commercial District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] (b) Permitted uses. Permitted Uses in the C-2 District are as follows: (1) - (7) [shall remain same as previously adopted] 8 Florist. 91 Retail Package Liauor Store. (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] (f) Property development regulations. [This paragraph shall remain in full force and effect as previously adopted] Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. District Regulations. Division 2. Schedule of Use Regulations. by amending Sec. 78-180. MU Mixed Use District to add florists as a permitted use; providing that Sec. 78-180 shall hereafter read as follows: Sec. 78-180. MU Mixed Use District. (a) Purpose. [This paragraph shall remain in full force and effect as previously adopted] 2 (b) Applicability of development regulations. [This paragraph shall remain in full force and effect as previously adopted] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously adopted] (d) General requirements and special regulations. [This paragraph shall remain in full force and effect as previously adopted] (e) Site plan review. [This paragraph shall remain in full force and effect as previously adopted] (f) Urban design principles. [This paragraph shall remain in full force and effect as previously adopted] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously adopted] (h) Permitted uses. Permitted Uses in the mixed-use District are as follows: (1) - (9) [shall remain same as previously adopted] (101 Florist. Section 4: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 6: 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 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance shall become effective immediately upon passage. FIRST READING this day of , 2009. SECOND AND FINAL READING this day of , 2009. Upon First Reading this by follows: Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage day of , 2009, the foregoing Ordinance was offered by who moved its adoption. The motion was seconded and upon being put to a vote, the vote was as For Adoption 3 Against Adoption Council Member Calvin Turnquist Upon Second Reading this day of , 2009, the foregoing Ordinance was offered by ,who moved its adoption. The motion was seconded by ,and upon being put to a vote, the vote was as follows: For Adoption Against Adoption Mayor Pat Watkins Vice-Mayor Tom Paterno Council Member Vince Arena Council Member Jim Humpage Council Member Calvin Turnquist The Mayor thereupon declared the Ordinance duly passed and adopted this day of 2009. MAYOR OF TEQUESTA ATTEST: Lori McWilliams, CMC, Village Clerk Y:\dots\Tequesta\Ordinances\2009\C-I C-2 MU Florist and Liquor Store.doc 4