HomeMy WebLinkAboutDocumentation_Regular_Tab 20_04/13/2006 VILLAG� OF TEQUEST�
MEETING A��;I�1I3A ROU1"ING SHEET
MEETING DATE: 4/13/2006
REQUESTED ACTION/SUMMARY: FIRST READING OF AN ORDINANCE OF
THE COUNCIL OF THE VILLAGE OF TEQUESTA, AMENDING CHAPTER 78 OF
THE VILLAGE CODE OF ORI3INANCES, TO PKOVIDE FOR A MAXIMUM
BUILDING HEIGHT IN THE C-2 DISTRICT AND ADDITIONAL CHANGES AS
NECESSARY AS INCORPORATED IN THE ATTACHED PROPOSED
ORDINANCE.
RESOLUTION OR ORDINANCE NUMBER: Ord # 605
ORIGINATING DEPARTMENT: COMMUNITY DEVELOPMENT
FUNDING SOURCE: 2005/2006 BUDGET
ACCOUNT NUMBER: N/A
CURRENT BUDGETED AMOUNT AVAILABLE: $
AMOUNT OF THIS ITEM: $
AMOUNT REMAINING AFTER THIS ITEM: $
BUDGET TRANSFER REQUIRED: ❑ Yes X No
APPROPRIATE FUND BALANCE: ❑ Yes X No
Piggyback Contract Name and #:
Or
r�mpetitive Bid tt
APPROVALS: . �
DEPARTMENT HEAD: "
�
�
FINANCE DIRECTOR:
VILLAGE MANAGER: �� � ry' ���� . � _��-��
VILLAGE MANAGER�2ECOMMENDATION:
APPROVE ITEM: � 9
DENY ITEM: ❑
VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY
X Yes ❑ No
❑ Not Applicable (n/a)
ORDtNANCE NO. 605
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES,
CHAPTER 78, ARTICLE I, SECTION 78-4, ENTITLED "DEFINITIONS;"
AMENDING CHAPTER 78, ARTICLE V1, DiViSfON 2, SECTiON 78-143,
ENTITLED "SCHEDULE OF SITE REQUIREMENTS;" AMENDING CHAPTER
78, ARTICLE VI , DIVISION 2, SECTION 78-177, ENTITLED "C-2
COMMUNITY COMMERCIAL DISTRICT;" AMENDING CHAPTER 78,
ARTICLE VIII, PLANNED COMMERCIAL DEVELOPMENTS; AMENDING
CHAPTER 78, ARTICLE VIII, SECTION 78-251 ENTITLED "PURPOSE AND
INTENT;" AMENDING SECTION 78-252 ENTITLED "APPLICABILITY OF
LAND DEVELOPMENT REGULATIONS TO PLANNED COMMERCIAL
DEVELOPMENTS;" AMENDING SECTION 78-253 ENTITLED "CONFLICTS
WITH OTHER REGULATIONS;" AMENDING SECTION 78-254 ENTITLED
"SPECIAL DEFINITIONS;" AMENDING SECTION 78-255, ENTITLED
"GENERAL REQUIREMENTS AND SPECIAL REGULATIONS;" SEGTION 78-
256 ENTITLED "PROPERTY DEVELOPMENT REGULATIONS"; AMENDING
SECTION 78-257, ENTITLED "DESIGN CRITERIA;" AMENDING CHAPTER
78, ARTICLE IX, SECTION 78-282 ENTITLED "STRUCTURES EXEMPT
FROM HEIGHT LIMITATIONS;" CREATING NEW CODE SECTION 78-303 TO
BE ENTITLED "VISIBILITY TRIANGLES;" PROVIDfNG FOR SEVERABILiTY;
PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF LAWS IN
CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Tequesta, Florida ("Village") is a duly constituted
municipality, having such power and authority conferred upon it by the Florida Constitution
and Chapter 166, Florida Statutes; and
WHEREAS, the Village Council has adopted general provisions pertaining to
zoning and land development regulations, which have been codified at Chapter 78, in
the Village Code of Ordinances; and
WHEREAS, before and at {east since ear{y 2005, the Vi{{age staff has been
condu�ting an on-going review, study, and analysis of the codified provisions of the
Village Zoning Code of Ordinances, in order to determine which provisions of the Village's
Code require clarification, amendment, repeal, modification, or revision; and
1
WHEREAS, Village staff has identified several provisions of the Zoning Code which
require amendment in order to, among other things, clarify certain regulations, correct
inconsistencies, and provide additional regulations to reflect the legislative intent of the
governing body of the Village as presently contained in the Village's Zoning Code; and
WHEREAS, at a duly noticed public meeting held on September 15, 2005, the
Village Council declared "Zoning-in-Progress," and dire�ted Vi{lage staff to bring forward
an ordinance amending various provisions regulating land development in the C-2 zoning
district, and the Planned Commercial Development ("PCD") regulations which is a special
exception use allowed in the C-2 zoning district, subject to the requirements of the Village
Code, Chapter 78, Article IX, Division 3, and
WHEREAS, Village staff has recommended to the Village Council that
Sections 78-4, 78-143, 78-177, 78-251, 78-252, 78-253, 78-254, 78-255, 78-256, 78-257,
and 78-282 be amended, and that new Section 78-303 of Chapter 78, be created, among
other things, to eliminate unnecessary provisions, and to revise other provisions in orderto
clarify the legislative intent, and to provide requirements which are consistent with other
existing Village Zoning Code provisions; and
WHEREAS, the Village Council has reviewed the recommendations of the
Village staff and has determined that amending Seetions 78-4, 78-143, 78-177, 78-
251, 78-252, 78-253, 78-254, 78-255, 78-256, 78-257, 78-282, and creating new Section
78-303 of the Village's Code of Ordinances is necessary to further the public's health,
safety and welfare.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA:
2
Section 1. The whereas clauses are hereby incorporated in this Ordinance, as
true and correct as the findings and fact and conclusions of law of the Village Council.
Section 2. Chapter 78, Article I, Section 78-4 entitled "Definitions" of the Code of
Ordinances of the Village of Tequesta is hereby amended to read as follows:
Sec. 78-4 Definitions.
Basement means a story situated under a building, the ceiling of which is entirely
befow grade or fess than four feet six inches above grade. The basement is not
considered a part of any living area and shall not be used as living area. �ieweve�
Any portion of a basement that is below natural grade shaft not be considered as
part of the overall building height, however, that portion of any basement which
exceeds natura{ qrade shall be used in calculatinq the overall buildinq heictht.
Building, height of, means the vertical distance measured from the existinq averaqe
elevation of the hiqhest adjacent grade, at the base of the buitdinq to the hicthest
oint of the buildin or roof. ,
, , > >
, ,
Heiqht shall be measured to the highest point of the followinct:
(1) the coping of a flat roof;
(2) the average heiqht level between the eaves and roof ridqe or peak with
qable, hip, or gambrel roofs;
(3) deck lines on a mansard roof;
3
(4) for a roof with equipment which exceeds more than four (4') feet above the
hiqhest point of the roof. Stairways elevator penthouses, and accessorv
operating equipment enclosed within the roofline are excluded, as are screens to
conceal facilities on the roof provided that the screen is not under roof and is
less than 10 feet in heiqht.
� -,
..eh� ��,,,�;�
Highest adjacent grade means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure, if the finished grade
is level. If the finished rade is not entirel level the rade shall be determined b
averaqinq the elevation of the qround at each face of the buildinq, or as otherwise
determined bv the building official.
Story means that portion of a building included between the upper surface of any
floor and the upper surface of the floor or roof next above, or if there is no floor
above it the space between the floor and the ceilinq above it. °�^°^+ *"�+ +he
Turret shall mean a little tower.
Section 3. Chapter 78, Article VI, Section 78-143, of the Code of Ordinances of
the Village of Tequesta, entitled "Schedule of site requirements" is hereby amended to
read as follows:
4
Sec. 78-143. Schedule of site requirements.
The following schedule establishes the minimum property and building regulations for
development within the village:
SCHEDULE OF SITE REQUIREMENTS
TABLE INSE
Min. Min. Min.living Min.
Max. Lot Front Yard Rear Yard Maximum landscaped
District Site Lot Coverage setback Side Yard Setback Setback bldg height area Open
Area width requirements space
5 ft, except 10 ft.
- and 5- 10 ft., except 20 ft• owever,
t any intersecting
tory one where
treet and where a Not
uildings roperty
,500 roperty is tories/50ft ���ble. o
_2 ft 5 ft. o equire an ntiguous with buts 5/o
4• 0/o dditional 5 railroad
eet for each �y right-of-way
tory above oncommercial r spur
istrict. See note 5 rack See
50 ft. See
ote 5 ote 5
5 ft exce t 10 ft. exce t 20 ft. 10 ft.
- and 5- however
t an intersectin stories/50ft
PCD special tO treet and where a one where nd u to 5 In a PCD
xce tion uses uildin s ro ert is ro ert tories/70 ft. 1 200 s uare
500 5 ft. e uire an buts eet er
n a C-2 Zonin ft �% dditional 5 nti uous with ai�road �n the villa e esidential �%
District eet for each n i ht-of-wa uncil's Wellin unit
to above oncommercial r s ur �scretion.
Oft. Ses �strict. See note 5 �ack See
note 5 ote 5
Section 4. Chapter 78, Article VI, Section 78-177, entitled "C-2 community
commercial district" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
amended to read as follows:
Sec. 78-177. C-2 communitv commercial district.
(d) Special exception uses. Special exception uses in the C-2 distri�t are as
follows:
5
(3) Planned commercial development "PCD" (subject to the provisions of
articie VIII of this chapter.)
(fl Property development requlations (see also table inset in section 78-143):
1 Building heiqht The allowable heiqht for buildinqs in the C-2 zoninq district
shall be a maximum of four (4) stories or fifty (50) feet above the averaqe finished qrade.
However after a PCD sqecial exception use is approved a petitioner mav request an
increase in buildinq heiqht as part of the site plan approval and the villaqe council may as
�art of the site plan approval increase the building heiqht of a buildinq(s) in a PCD, to a
maximum of five (5) stories or seventy (70) feet pursuant to Section 78-255(2).
2 Setbacks The minimum setback for principal and accessorv structures in the
C-2 district shall be as follows� front var�d setback. twentv-five feet (25'), provided
however that four and five storv buildinas shall provide an additional five feet (5') of
setback for each story above fiftv (50) feet� ►�ear varr/ setback: ten feet (10'), provide_d
however that no rear vard setback shall be reauired if the qropertv abuts a railroad riqht-of-
wa or s ur track� side ard setback ten feet 10' exce t a twen foot 20' side ard
setback shall be reauired at anv intersecting street and where a propertv is contiauous
with anY non-commercial zoninq district.
3 Lot size width and coveraqe requirements. The minimum lot size shall be
no less than 7 500 square feet The maximum lot width shall not exceed 75 feet (75').
The maximum lot coveraqe shall not exceed forty percent (40%). The minimum livinq area
requirement for anv residential unit in the C-2 district specificallv includinq residential units
in a PCD within the C-2 district shall be not less than 1,200 square foot per unit_.
4 Open space The minimum percentaqe of landscaped open space is twentv-
five percent (25%).
6
Section 5. Chapter 78, Article VIIi, entitied "PLANNED COMMERCIAL
DEVLOPMENTS (PCD)" of the Code of Ordinances of the Viilage of Tequesta, Fiorida
and Sections 78-252, 78-252, 78-253, 78-254, 78-255, 78-256 and 78-257, are hereby
amended to read as follows:
VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD)
Sec. 78-251. Purpose and intent.
, ,
,
,
�i"�
The purpose and intent of this article, is to permit and facilitate the limited
development of certain commercial areas, with a combination of apqropriate commercial
uses toqether with fee-simqle, residential uses, which by virtue of the planned commercial
development ("PCD"), are uniquely compatible, harmonious, and mutuallv complimentary.
Exampfes of appropriate commercial uses for a PCD include, but are not limited to,
business services and offices, professional services, personal services, restaurants, health
and fitness centers, and small-scale specialty retail sales and services. Consideration
should be c�iven as to whether a proposed commercial use, which mav otherwise be a
permitted commercial use in the G-2 zoning district, would be incompatible, inappropriate,
7
and an unsuitable use when joined with residential uses. Commercial uses, which are
special exception uses in the C-2 zoninq district, are not allowed in a PCD.
Commercial uses which are blended with residential uses in a PCD, are intended to
serve the residents of the entire villacae, and not just the residents of the PCD. Commercial
uses within a PCD must be open to the general public and shall not be limited to use onlv
by the residents of the PCD. The proposed commercial uses for the PCD must be
identified at the time of conceptual plan review, and the petitioner must provide the villaqe
with details concerning the hours of operation of each commercial use, the estimated
square footaqe of each commerciai use, the estimated number of emplovees for each
commercial use. the estimated number of consumers or users of each commercial use, the
amount of t�arking to be dedicated to employees and users of the commercia{ uses, and
any other additional information that the villaqe council may reasonably require in the
review of the conceptual plan for the PCD.
The desiqn and architecture of the PCD shall result in a cohesive, innovative
structure, with architectural siqnificance, preserving existinq trees and other natural
features on the site, and inteqratinq oqen spaces and common areas. The use of open
space, squares, plazas, passive parks, courtYards, loqgias, colonnades, walkwavs,
fountains, connections befinreen buildinqs, common areas, pedestrian linkaQes, recreational
areas and other public spaces where people may congregate socially and recreationallv is
encouraqed.
PCD's shall be desiqned to promote unimpeded pedestrian circulation and reduce
the number and lenath of vehicular trips. The buildinqs shall be strateqically placed to
allow residents and consumers to circulate and access their destinations without havinq to
return to their vehicles to reach each destination within the PCD.
8
Sec. 78-252. Applicability of land development regulations to planned
commercial developments.
Although planned commercial developments produced in compliance with the
provisions and requirements in this article and other regulations as set forth and defined in
this chapter may, except for building hei hc�t and dwelling unit density regulations, depart
from the strict application of property development regulations for the district in which the
planned commercial development is proposed to be located, such developments are to be
in compliance with the village's comprehensive development plan, and platted of record in
accordance with the procedures for approval of subdivision plats in chapter 66.
Sec. 78-253. Conflicts with other regulations.
Where conflicts exist between the special planned commercial development
regulations in this article and general zoning, subdivision, and other applicable
ordinance provisions, the special regulations in this article shall apply.
Sec. 78-254. Special definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning. All definitions appearing in section 78-4, shall be applicable to this
article, except to the extent of inconsistency with any special definitions contained in this
section.
Planned commercial development (PCD) means a contiguous tract of land which
functions as a self-contained and readily identifiable development which accommodates a
variety ofi predetermined commercial and residential uses and/or mix of such uses in well-
pfanned development. An increased use of open space and common areas is encouraged
to complement the overall development. Flexibility of site design allows for deviation from
standard site development regulations of the zoning district in which the development is
9
located. PCDs not only allow for combining various building types and uses, but also allow
for compatible mixed use within buildings and structures through an approved architectural
style. The entire land area of a PCD must be +s under unity of title, and be planned and
designed to be developed in a single operation or by a series of prescheduled development
phases, according to an officially approved master site plan which is subject to the site plan
review process.
Sec. 78-255. General requirements and special regulations. The following
general requirements and special regulations shall apply to all PCD's
.�o.,oi�.,�, •
(1) Location. As set forth in the schedule of use regulations in article VI, division 2
of this chapter, a PCD ^'°^^°�' ��mmcrni�l rlcvclnnmon� i permitted only as a
special exception in the G2 zoning district.
(2) . Propertv development re.qulations fsee also table
inset in section 78-143):
a. Setbacks. The minimum setback for principal and accessory
structures in the C-2 district shall be as follows: front yard setback: twentv-
five feet (25'), except four and five story buildinqs shall qrovide an additional
five feet (5') of setback for each story above fiftv (50) feet; rear yard setback:
ten feet (10'), provided however that no rear vard setback shall be required if
the proqerty abuts a railroad right-of-way or spur track; side yard setback
ten feet (10') except a twenty foot (20') side yard setback shall be required at
any intersectinq street and where a property is contiQUOUS with anv non-
commercial zoninA district. Notwithstandinq the foreqoina requirements, if
10
any side or rear yard abuts residential, the village council mav increase the
required rear or side yard set-back by up to an additional ten (10 feet.
b. Minimum site area, percentaqe of use. No site shall qualify for a PCD
unless the development consists of a contiquous area of at least three (3)
acres. Neither the overall commercial or the overall residential land use, shall
occupy more than sixtv percent (60%) of the PCD.
c. Lot size, width, and coveraqe requirements. The minimum lot size
shall be no less than 7,500 square feet. The maximum lot width shall not
exceed 75 feet (75'). The maximum lot coveraqe shall not exceed fortv
percent (40%) of the PCD. The minimum livinq area requirement for any
residential unit in a PCD shall be not less than 1,200 square foot per unit.
d. Open space. The minimum percentaQe of landscaped open space in
any PCD is twentv-five percent (25%) of the PCD.
e. Buildin_q hei.qht. The qermitted height a1lev�abl�Mei�s for a buildings in
a PCD shall not exceed �e four 4
stories or fifty (50) feet. as is �a�ae as allowed �ewsled-#�e� in the C-2 zoning
district. However, as part of the site qlan approval process, a qetitioner may
request an increase in buildinq height in accordance with the provisions of
this paragraph, and at the discretion of the village council, the building
heights for a PCD may be increased to a maximum of c;� c+„r;e� „� e,ryh+.,
#e�-E�4} five (5) stories or seventv (70) feet above the averaqe finished
rg ade. A request that the village council increase the buildinq heiaht to a
heiqht not to exceed five (5) stories or seventv (70) feet, as part of a site plan
application, shall comply with a majority of the criteria listed below:
11
(1) The request is consistent with the purpose and intent of this
article.
(2) The request supports and furthers the villacte's aoals,
objectives and policies of a PCD as set forth in section 78-252, the
desiqn criteria of section 78-257, and other standards set forth in this
article which include, but are not limited to, the limited development
of certain commercial areas with a combination of appropriate
commercial uses toqether with fee-simple, residential uses, which bv
virtue of the planned combined- use development, are uniquely
compatible, harmonious, and mutuallv complimentarv.
�3) The request results from innovative desiqn in which other
minimum standards are exceeded.
(4) The request clearly demonstrates the public benefits to be
derived includin but not limited to, the use of desirable architectural,
building, and site desiqn techniques.
�5) The request is not based solelv or predominantiv on economic
reasons and the increased height is required for other leqitimate
development purposes and which need is substantiated by obiective
studies data reports, and other documentary evidence.
(6) The increase in heiqht will be compatible with existinq structures
nearby and adiacent to the development_site, reqardless of whether
the nearbv properties are within the comorate limits of the village or
are in unincorporated Palm Beach Countv.
12
(7) The increase in heiqht will be consistent with existinq structures
nearbv and adjacent to the development site, reqardless of whether
the nearbv properties are within the corporate limits of the villaqe or
are in unincorporated Palm Beach Countv.
,�8) The proximiiv of the PCD to anv residential zoninq district.
(9) The request demonstrates that the increased height will be in
harmonv with the qeneral purpose and intent of this article, and will
not be iniurious to the area involved or otherwise detrimental to the
public health safetv, and welfare.
!3) Parking qaraqes Parkina qaraqes or qortions of parkinq qaraaes which are
above naturaf qrade shall be counted as a storv for purposes ofi measurinq overall
building heic�ht Subterranean parkinq qaraqes and/or storaqe area which are below
natural qrade shall not be used in calculatinq overall buildinq heiqht. Subterranean
parkina aaraqes and/or storage areas shall not exceed the footqrint of the princiqal
structure.
{-� •
as�e�
(4) Building use The sidewalk level storv (first storv) of anv buildinq in a PCD
shall be limited to permissible commercial uses and shall be pedestrian oriented.
Residential dwellinq units if anv within any buildinq in a PCD must be located in
stories above the first storv Live/work lofts are not permitted in the PCD.
(5) � Unity of title. All land included for purpose of development within a PCD
shall be held bv the propertv owner of record under unity
13
of title , �
whether that propertv owner ^°*�*�^^°� �° is an individual, partnership or corporation, or a
group of individuals, partnerships or corporations. The �e#+�ieAe� propertv owner or the
owner's aqent must present firm evidence of the unity of title of the entire area within the
proposed PCD and must provide a written agreement to
the villaqe statinq "^�� c+,+e ,,.�oe.,.,e.,+ that, if the owner #�e proceeds with the proposed
PCD �'°��°'^^^�°^+, the owner #ae will:
a. Do so in accord with the officially approved master site plan of the
development, and such other conditions or modifications as may be attached to the
special exception approval.
b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village #e� to auarantee the completion of the undertaking in
accordance with the approved master site plan, as well improvement bonds and
other similar documents providinq for the continuing operation and maintenance of
such areas, functions, and facilities which as are not to be provided, operated, or
maintained at general public expense bv the villaae or another entitv with
jurisdiction.
c. Bind the propertyowner's #NS development successors in title and assiqnees.
to any commitments made under subsections (5) �4}a and b of this section.
��5} Configuration of site. Any tract of land for which a PCD �ed
application for any PCD approval �e shall contain sufficient
width, depth, and frontage on a publicly dedicated arterial or major street, or appropriate
access thereto in order to adequately accommodate its proposed use and design of the
14
PCD. At least one portion of the perimeter of any PCD shall be located on an arterial road
as defined by the villaqe's comprehensive plan.
�{6} Permitted uses. Permitted uses are as follows:
a. Residentia! uses.
1. If residential dwetlinqs are to be constructed as aart of a commercial
buildin�in a PCD the residential dwellinQS shall be located onlv within, or as
an inteqraf part of the main buildings.
��� 'nnlo f.�milv ��coc .�c nr��iirlcr! fnr in � D�Ll
.,...., ...., p.. .. . ....... .... .. . ... . . . _ .
�. 2 Any fee simple use within the R-2 and R-3 zoning districts which are
listed in the schedule of use regulations in article VI, division 2 of this chapter
as a permitted use. , .
� 4 Adult congregate living facilities.
b. Commercial uses.
1. Retail sales and service.
2. Business service.
3. Professional service.
4. Personal service.
5. Restaurant, bakerv•
6. Theatre.
7. Private club.
8. Health and fitness facilitv
9. Other similar low-intensitv commercial uses which the villaqe council
determines are uniquely appropriate and compatible with the other proposed
commercial uses for the PCD the proposed residential uses, and the
15
existinq surroundinq uses may be permitted after considerinq the public
demand for the proposed use the public benefit to be derived from the
proposed use and whether the qroposed use will be iniurious to the area
involved or otherwise detrimental to the public health, safetv, and welfare;
and the size density operatinq hours traffic imqacts of the proposed use.
c. Recreational uses.
Any use within the R/OP zoning district which is listed as a permitted use,
accessory use or special exception.
�{�} Conceptual and site plan review.
a. All applications for the develoqment of a PCD as a special exception use in a
C-2 zoninQ district are sub�ect to conceptual ptan review as provided for in article IX,
divisions 2 and 3 of this chapter In formulating a conceptual plan for a proposed
PCD the specia{ exce ption petitioner sha{I strictlY comply with the requirements of
seetion 78-368 and at a minimum the conceptual plan shall address items 1
thou 16 of section 78-368tb) of this article. In addition, the site pian application
content and process by which a PCD shall be
reviewed and acted upon by the village council, shall be the same as those provided
for in article IX, division 2 of this chapter, together with the applicable portions of this
article if additional building hei_ ht is requested.
(9� {�- Platting. Each plat for a PCD shall be
in compliance with the provisions of F.S. chapter 177, and chapter 66.
10 f9} Development phasing controls. Should a PCD
devele��be constructed in phases, in addition to the requirements of article IX, division
2 of this chapter, the following sequence must be adhered to:
16
a. If a residential land area is planned as part of a PCD, it shail not be platted
without the platting of any commercial land area.
b. If residential dwellings are to be constructed as part of a commercial building
in a PCD, the residential dwellings shall be located only within, or an integral part of
the main buildings; however, the residential dwellings sha{I not be issued a
certificate of occupancy prior to issuance of a certificate of occupancy for the
commercial occupancy of the main buildings.
, •
�8} 11 Area limitations.
a. The following percentages express the maximum area of the PCD
planned commercial deveiopment which the specific land uses may occupy:
Platted commercial and residential: 80 percent of gross land area.
b. All PCDs planned commercial developments shall contain areas at least
equal to the following minimum:
Platted open space: 20 percent of gross land area.
{� (12} Architectural theme. A� The initial development of a PCD pla�e�
, or any subsequent phase thereof, shall follow a common
architectural theme throughout the entire development. The petitioner must provide a
descri tion and exam les of architectural s les to be utilized within the PCD includin but
not limited to the overall desiqn chara�teristics� roof types� window tvpes common features
and decorative elements and embellishments such as cornices; door and entries;
pedestrian amenities� and siqnaqe There must be equal architeetural treatment on all fouc
17
sides of any buildinq. The theme shall be established during the conceptual si�e plan
review process and then maintained through the development process.
{�} (13) Total r�esidential dwelling unit densi . For the purpose of
this article, if dwelling units are to be developed as part of a PCD �1
�e�e�epr�er�, reqardless of whether the PCD is developed in phases or not, the total
number of dwelling units permitted in the PCD, shall be computed on the basis of eiqhteen
(18) dwelling units per gross acre of that portion of the PCD which is platted as commercial
and residential area.
��) -
�euele�e►�
�-4.
14) Required public facilities and services. No building permits or development
orders shall be issued unless public facilities and services which meet or exceed the
current adopted level of service standards, are available concurrent with the development
impacts. Compliance with this requirements may be accomplished through one or more of
the following processes:
a. Install all required public facilities/infrastructure/services prior to or concurrent
with the development impacts.
b. Phasing of all required public facilities/infrastructure/services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
18
Sec. 78-256. ; PCD desiqn standards;
waivers.
�eg�la�ier�s Design standards for PCD's p4a�e�se^�'w'�'�
d�e�s are as follows:
(1) Waivers.-�4pplisabil+#� �e�sa�ieA-s- As a basis for the preparation of a
an application for special exception approval, conceptual
plan approval, site plan approval, or any future modifications #�efee�thereto, which mav
occur subsequent to the initial review and PCD approval, the development of the PCD shall
be guided by the regulations contained in this section, toqetheraleAgwith the requirements
of sections 78-255 and 78-257. ,
,
. However, as part of the
review and approval process, ��:h° ���s , the village council may waive ��
regulations for the PCD set forth in this article, except for buildinq height requirements,
density reQuirements requirements associated with concurrency manaqement, and
requirements for the preservation of environmentallv sensitive lands, and provided that the
spirit and intent of this chapter are complied with in the total development of the PCD, and
communitv benefits such as archite�tural desiqn pedestrian amenities qreservation of
environmentallv sensitive lands provision of public parks and open space, or mixed uses
result in reduced impacts on villaae services, are demonstrated. For qurposes hereof, a
waiver is defined as a reduction in a develoqment standard or other land development
requirement normall�required by this article.
�2) Waiver procedure The qrant of a waiver from the requirements a�plicable to a
19
PCD, shall be made by the village council, following an advisorv recommendation by the
villaQe planninq and zoning board. All requests for waivers must be submitted in writinq
and accompanv a development order application for the PCD. A request for the villape
council to approve a waiver from one or more of the standards and requirements applicable
to a PCD, shall comply with a maioritv of the criteria listed below:
(1) The request is consistent with the village's comprehensive plan.
(2) The request is consistent with the purpose and intent of this article.
(3) The request supports and furthers the village's poals, objectives, and
policies of a PCD as set forth in section 78-252, the design criteria of section
78-257, and other standards set forth in this article, which include, but are
not limited to, pedestrian amenities, increased open sqaces, architectural
siqnificance, and the limited development of certain commercial areas with a
combination of appropriate commercial uses to�ether with fee-simqle,
residential uses, which bv virtue of the planned combined- use development,
are uniquelv compatible, harmonious, and mutually complimentar�
j4) The grantinq of the reauest will not result in a development that
exceeds one or more of the minimum requirements for a PCD.
(5) The reQUest results from innovative design in which other minimum
standards are exceeded.
f6) The request clearly demonstrates the public benefits to be derived,
includinq but not limited to, the use of desirable architectural, building, and
� site desiqn techniques.
(7) Sufficient screeninq and bufferinQ, if required, are provided to screen
adjacent uses from adverse impacts caused by the request.
20
�8) The request is not based solely or predominantiy on economic reasons
and there are special circumstances and conditions that warrant the waiver.
(9) The reauest will be compatible with existinq and potential land uses
ad, jacent to the development site.
(10) The request demonstrates that the grantinq of the waiver will result in
the preservation of valuable natural resources, includinq environmentallv
sensitive lands, drainaqe and recharqe areas, and coastal areas.
(11) The request demonstrates that the development will be in harmonv
with the qeneral purpose and intent of this article, and will not be injurious to
the area involved, or otherwise detrimental to the public health, safety, and
welfare.
The village council may, at its discretion, require adherence to established
zoning district requirements within certain portions of the site, if deemed necessary
in order to maintain the spirit and intent of this article. n �'vrr'�u� #-�wel�'
,
� •
rccirlcn�i�l .��o� nF �he D(�1'1 �r rleiiolnnmen+ r�h�cc
+ho cnhcrl��lc �f c.i�o ron��l��innc fnr�he �_1 ��ninn �Ji�F�in+ in con�i�n 7Q_'1/1'2
21
{4} � Commercial and residential design regulations.
a. Off-street parking. Minimum off street parking and loading
requirements determined by the specific commerciai or residential use.
b. Enclosed uses. All commercial uses shall be operated entirely within
enclosed buildings except for the following uses: sidewalk cafe and drive-in, drive-
through, or walk-up service window facilities, i.e., laundry, dry cleaning, and banking
facilities.
c. Operating hours. No commercial use shall commence business
activities (including delivery and stocking operations) prior to 6:00 a.m. or
continue activities later than 11:00 p.m. except as otherwise provided in this
chapter or by the village council as part of the +�approval process.
d. Lighting. Artificial lighting used to illuminate the premises and/or
advertising copy shall be directed away from adjacent properties and shall be
extinguished no later than 11:00 p.m.
e. Outdoor storage. Outdoor storaqe facilities are prohibited in a PCD.
No outdoor storage of inerchandise shall be permitted. Outdoor storaqe of
boats trucks and recreational vehicles and other similar items that norma_Ily
cannot be parked or stored at a residence is prohibited.
f. Access. Access to commercial facilities shall be from an arterial or
collector road which is part of the interior circulation system within the PCD
22
s+�e. No
commercial facility shall maintain frontage, direct view, or phvsical access on
or from any local or neighborhood roads. A thorouqhfare plan indicatinq the
primary secondarv arterial tertiary and main street roadways throuqhout
the PCD shall be qrovided at the time the site plan application is submitted to
the villaqe. If possible the plan shall establish a qrid system or related
pattern that allows for pedestrian linkaqes and visual enhancements. In
addition the plan shall provide a design theme for project-wide shared
elements such as the use of a common hardscape theme (i.e., pavers,
brick crosswalks curbinq etc.); minimum sidewalk widths; the use of
awninqs canopies and shade materials� liqhtingstandards: street furniture;
bike paths median and parkway landscaping; locations of on-street parkinq;
pedestrian linkaqes and thorouqhfares� parkway areas� parking qlan�
connections between buildings, etc.
Sec. 78-257. Design criteria.
All PCD's planned shall observe
'er� the following objectives and requirements:
(1) General objectives.
a. A suitable mixed-use commerciaVresidential environment shall be
provided by utilizing the potential advantages of the site, including suitable
placement of the buildings and facilities in relation to the site and surrounding
influences.
23
b. Adequate open space related to buiidings and other land improvements
shall be provided.
c. Off-street parking facilities shall be conveniently located within a
reasonable distance to a dwelling units and ef commercial uses.
d. Existing trees and other natural features of the site shall be preserved.
e. Appearance of the buildings and grounds shall be enhanced with
supplemental plantings to screen objectionable features and to control noise
from areas or activities beyond the control of the PCD.
f. All of the elements of the site plan shall be harmoniously and
efficiently organized in relation to topography, the size and shape of the
tract, the character of the adjoining property, and the type and size of the
buildings, in order to produce a livable economic land use pattern.
g. Arrangements of buildings shall be in favorable relation to the
natural topography, existing desirable trees, views within and beyond the
site, and exposure to the sun and other buildings on the site.
(2) Access and circulation.
a. Principal vehicular access points in a PCD,
devele�e� shall be designed to encourage smooth traffic flow and
minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes
and traffic medians shall be required where existing and anticipated heavy
traffic flows indicate needed controls. Minor streets within the PCD shall not
connect with minor streets in adjacent developments in such a way so as to
encourage through traffic. In addition, visibility triangles of 25 feet in both
directions from the point of intersecting lot lines shall be maintained at al1
24
intersections. Plantings shall be not exceed two and one-half feet (2'/') in
anv visibilitv trianqles.
b. Access to the commercial facilities and dwellings and circulation
between buildings and other important project facilities for vehicular and
pedestrian traffic shall be comfortable and convenient for the residents
and the patrons of the PCD.
c. Access and circulation for firefighting equipment, furniture moving
vans, garbage collection, deliveries and other large utility vehicles shall be
pianned with the appropriate design criteria as determined by the village
engineer.
d. Streets shall not occupy more land than is required to provide access
as indicated, or create unnecessary fragmentation of the development
into small blocks, nor shall streets be so laid out or constructed as to
interfere with desirable drainage in or adjacent to the development.
e. All major streets shown on the approved site plan as arterials or
collectors shall be controlled access facilities and the only vehicular
access thereto shall be by public streets.
f. Arterial and collector streets shall connect with similarly classified
streets in adjacent developments. If no streets exist, the village engineer
shall determine whether future connections are likely and desirable and
shall have the authority to alter the design of the PCD to accommodate
his judgment.
(3) Garbage and refuse collection.
25
a. Outdoor collection stations shail be provided in a PCD �la�ed
for garbage and trash removal when individuat
collection is not made and indoor storage is not provided.
b. Outdoor collection stations shall not be offensive and shall be enclosed
by a fence or wall at least as high as the containers and in no case less than
four feet. The stations shall be equipped �evided with self-closing gates to
provide access to the containers.
c. Access to indoor or outdoor collection stations shall be such that the
removal vehicle need not make several unnecessary turning or backing
movements.
Section 6. Chapter 78, Article IX, Section 78-282, entitled "Structures exempt from
height limitations" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
amended to read as follows:
Sec. 78-282. Structures exempt from height limitations.
Chimneys, water tanks, elevator lofts, church spires, flagpoles, a�-parapet walls and
turrets may be erected above the height limits established by this chapter.
Section 7. Chapter 78, Article IX, Section 78-303 is hereby created to read as
follows: `Nisibility triangles" of the Code of Ordinances of the Village of Tequesta, Florida is
hereby amended to read as follows:
Sec. 78-303. Visibilitv trianqles.
Visibilitv trianqles of finrenty-five feet (25') in both directions from the point of
intersecting lot lines shall be maintained at all intersections. Plantinqs shal{ not exceed two
and one-half feet L2 %2') in heiqht in a visibility trianqie.
Section 8. Severability.
26
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent_provision and such holding
shall not affect the validity of the remaining portions thereof.
Section 9. Repeal of Laws in Conflict.
All ordinances or parts of ordinances in conflict herewith, specifically including but
not limited to Ordinance 398 as it pertains to planned commercial developments, are
hereby repealed to the e�ent of such conflict.
Section 10. Codification.
The sections of the Ordinance may be made a part of the Vitlage Code of Laws and
Ordinances and may be renumbered or re-lettered to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
Section 11. Effective Date.
This Ordinance shall take effect immediately upon adoption.
27