HomeMy WebLinkAboutDocumentation_Regular_Tab 03_05/18/2006 VILLAGE OF TEQUESTA
MEETING AGENDA ROUTING SHEET
MEETING DATE: 5/18/06
REQUESTED ACTION/SUMMARY: SECOND READING
AN ORDINANCE OF THE COUNCIL OF THE VILLAGE OF TEQUESTA,
AMENDING CHAPTER 78 OF THE VILLAGE CODE OF ORDINANCES, TO
PROVIDE FOR A MAXIMUM BUILDING HEIGHT 1N THE G2 DISTRICT AND
ADDiTIONAL CHANGES AS NECESSARY AS INCORPORATED 1N THE
ATTACHED PROPOSED ORDINANCE.
RESOLUTION OR ORDINANCE NUMBER: Res # Ord # 605
ORIGINATING DEPARTMENT: COMMUNITY DEVELOPMENT
FUNDING SOURCE: 2005/2006 BUDGET
ACCOUNT NUIVIBER: N/A
CUI2I2ENT BUDGETED AMOUNT AVAILABLE: $
AMOUNT OF THIS ITElVI: $
AMOUNI' REMAINING AFTER THIS IT�NI: $
BUDGET TRANSFER REQUIRED: ❑ Yes X No
APPROPRIATE FUND BALANCE: ^ Yes X No
Piggybacic Contract Naine and #:
Or
Coinpetitive Bid #
APPROVALS:
_
DEPARTMENT HEAD: �>;�-�` n-
�'
FINANCE DIlZECTOR:
VILLAGE MANAGER: ��
VILLAGE MANAGER RECOMMENDATION:
APPROVE ITEM: �
DENY ITEM: ❑
VILLAGE ATTORNEY: APPROVED FOR LEGAL SUFFICIENCY
X Yes ❑ No
❑ Not Applicable (n/a)
Memorandum
To: Mayor and Council
Mike Couzzo, Village Manager
Scott Hawkins, Village Attorney
Karen Roselli, Village Attorney
From: Community Development Director
Catherine Harding
Date: 5-7-06
Reference: Agenda Item, C-2 Zoning
Attached please find the colored zoning map requested at the last Council
Meeting.
The following is a recommendation that the concept of parking beneath a
building should be addressed at this time. If we limit the number of stories
in the C2 District to 4 for a general application, it is unlikely that any
parking will be proposed under a building. The loss of a floor or story to
parking would discourage an applicant from such a proposal. We could
loose the benefit of greater landscaping and park-like settings. If we
consider an exchange of one added story in trade for the creation of parking
under the building, it would encourage developers to create a more
imaginative setting. By allowing this trade we will accomplish our goals of
a greener site plan and less unsightly hard surfaces to maintain.
�
ORDINANCE 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 VI, DIVISION 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 Vill,
PLANNED COMMERCIAL DEVELOPMENTS; AMENDING CHAPTER 78,
ARTtCLE Vlll, SECTlUN 78-251 ENTITLED "PURPOSE AND INTENT;"
AMENDING SECTION 78-252 ENTITLED "APPLICABILITY OF LAND
DEVELOPMENT REGULATIONS TO PLANNED COMMERCIAI
DEVELOPMENTS;» AMENDING SECTION 78-253 ENTITLED "CONFIICTS
WITH OTHER REGULATIONS;" AMENDING SECTION 78-254 ENTITLED
"SPECIAL DEFINITIONS;" AMENDING SECTlON 78-255 ENTITLED
"GENERAL REQUIREMENTS AND SPECIAL REGULATIONS;" AMENDING
SECTION 7$-256 ENTITLED "PROPERTY DEVELOPMENT REGULATtONS";
AMENDING 3ECTION 78-257, ENTITLED KDESIGN CRITERIA;" AMENDING
CHAPTER 78, ARTICLE IX, SECTION 78-282 ENTITL,ED "STRUCTURES
THAT MAY BE EXEMPT FROM HEIGHT L{MITATIONS;" CREATING NEW
CODE SECTION 78-303 TO BE ENTITLED "VfSIBILITY TRIANGLES;"
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVlD1NG FOR REPEAL OF LAWS iN CONFLICT; AND PROVfDfNG FOR
AN EFFECTIVE DATE.
WHEREAS, the Village of Tequesta, Florida ("Viliage") is a duly constituted
municipality, having such power and authority conferred upon i# 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 ("Zoning Code"); and
WHEREAS, before and at ieast since early 2005, the Village staff has been
conducting 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
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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 Vi{lage 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 directed Village staff to bring forward
an ordinance amending various provisions regulating land development in the C-2 zoning
district, and the Planned Commercial Development ("PCD"), which is a special exception
use allowed in the C-2 zoning district, subject to the requirements of the Zoning Code,
Chapter 78, Article 1X, Division 3, and
WHEREAS, Village staff has recommended to the Vitlage 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 Se�tion 78-303 of Chapter 78, be created, among
other things, to eliminate unnecessary provisions, and to revise other provisions in order to
clarify the legislative intent, and to provide requiremen#s 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 Sections 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.
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NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, FLORIDA:
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Sect_ ion 1. The whereas clauses are hereby incorporated in this Ordinance, as
true and correct as the findings of 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 ofi Tequesta is hereby amended to read as foiiows:
Sec. 78-4 Definitions.
Basement means a story situated under a build'rng, the ceiling of which is entirely
below natural grade or less 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,
#^�••o, °.�:�r-Anv portion of a basement that is befow natural grade shall not be
considered as part of the overall building he' however that portion of anv
� r � basement which exceeds natural arade shall e use �in calculatinq the overall
building height.
Building, height of, means the vertical distance measured from the existinq averaqe
efev ation of the hiahest adjacent grade at the base of the buifding to the highest
point af the buildinq or roof. �
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, �
Height shall be measured to the hiqhest point of fihe folfowinq:
(1) the copingof a flat roof;
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(2) the average heiqht leve! befin►een the eaves and �oof ridQe or peak with
gable, hip, or c1ambrel roofs;
(3) deck lines on a mansard roof:
�4) for a roof with equipment which exceeds more than four (4') feet above the
hiqhest point of the roof. Stairways, elevator penthouses, and accessory
operatinQ eauipment enclosed within the roofline are exciuded, as are screens to
conceal facilities on the roof provided that the screen is not under roof and is
less than 1(} feet in heiq.ht.
. .,
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Highest adjacent grade means the highest natural elevation of the ground surface,
prior to consfiruction, next to the proposed walls of a structure, if the finished grade
is level. If the finished qrade is not entirelv level, the qrade shall be determined by
averaAing the elevation of the Around at each face of the buildinq, or as otherwise
determined by the buildinq official.
Story means that portion of a building included befinreen the upper surface of any
floor and the upper surface of the floor or roof ne� above, or if there is no floor
above it, the space between the floor and the ceiling above it. e�se�* *�*�
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Turret shail mean a littie tower.
Section 3. Chapter 78, Article VI, Section 78-143, of the Code of Ordinances of
the Village of Tequesta, entitl�d "Schedule of sifie requirements" is hereby amended to
read as follows:
Sec. 78-143. Schedule of site requirements.
The following �chedule establishes the minimum property and building regulations for
development within the village:
SCHEDULE OF SITE REQUIREMENTS
TABLE INSE
Min.living Min.
Min. Site Min. Max. Lot Front Yard Side Yard Rear Yard Maximum landscaped
District Area Lot Coverage setback Setback Setback bldg height area Open
width requirements space
5ft, 10ft.
except 4- 10 ft., except 20 however,
and 5-story .• at any none
buildings intersecting here ' Not
re uire an street and where property
4 • – a licable-
C_2 7,500 sq. 75 ft. oo additional 5 a property is abuts stories/50ft 5 0� 0
eet for contiguous with railroad
each story any right-of-
above � 50 noncommercial ay or
— district. See note spur track
. See See note
5
note 5 5
PCD special In a PCD
exce tion uses three (� 25 ft 10 ft. exce t 20 10 ft. stories/50ft 1 000 s uare
conti uous � ' p�/o xce t 4- . at an however and u to 5 eet er 25%
in a C-2 Zonin e nd 5-stor intersectin none stories/70 ft. residential
District acres �� buildinqs street and where here in the vf laqe dwellin unit
;''
R � •4.
1
�� � 6
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e uire an ro e is ro e uncil's
dditional 5 nti ous with buts iscr tion.
eet for n ailroad
ch sto oncom erc+a4 i ht-of-
bove 50ft. istrict. See note a or
Se note 5 ur tr ck
See nate
Section 4. Chapter 78, Article VI, Section 78-177, entitied "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-Z communiiv commercial district.
(d) Special exception uses. Special exception uses in the C-2 district are as
follows:
(3) Planned commercial development "PCD" (subject to the provisions of
article VIII of this chapter.)
(fl Pro�erty development reaulations �see also table inset in section 78-143):
1 Building heiqht The allowable heiqht for buifdinQS in the C-2 zoninQ district
shall be a maximum of four �4) stories or fiftv (50') feet above the averaae �nished arade.
However after a PCD special excep.tion use is approved a petitioner mav request an
increase in buildinc�,heig.ht as �art of the site plan approval and the villaQe council mav as
part of the site plan aqproval increase the building height of a buildinQls) 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 arcessorv strucfiures in the
C 2 district shall be as follows� front Yard setback twentv-five feet (25' , provided
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however fihat four and five story buildinqs shall provide an additional five feet (5') of
setback for each storv above fifty (50) feet° rear yard setback: ten feet (10'), provided
however that no rear �ard setback shall be required if the property abuts a raiiroad riqht-of-
way or spur track� side yard setback� ten feet (10') except a twentv foofi (20') side v�rd
setback shall be required at an�intersecting streef and where a property is contiquous
with any non--commercial zoninq district.
3 Minimum site area lot width and coverape requirements. The minimum site
area shall not be less than 7 500 square feet The minimum lot width shall not be less than
75 feet (75') The maximum lot coveraqe shall not exceed fortv percent (40%).
4 Open space The minimum percentaqe of landscaped open space is twentv-
five percent (25°!0).
Section 5. Chapter 78, Article VIII, entitled "PLANNED COMMERCIAL
DEVLOPMENTS (PCD)" of the Code of Ordinances of the �fillage of Tequesta, Florida
and Sections 78-252, 78-252, 78-253, 78-254, 78-255, 78-256 and 78-257, are hereby
amend�d to read as follows:
VIIt. PLANNED COMMERCIAL DEVELOPMENTS (PCD)
Sec. 78-251. Purpose and intent.
Th-rrv�—�'��^vv° nf +hir�
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The purpose and intent of this article is to permit and facilitate the limited
development of certain commercial areas with a combination of appropriate commercial
uses together with fee-simple residential uses which by virtue of the planned commercial
development ("PCD") are uniquely compatible harmonious, and mutuallv complimentary, ��-�`�` �
�.�..., ��
Examples 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 given as to whether a proposed commercial use, which mav otherwise be a
permitted commercial use in the C-2 zoning district would be incompatible, inappropriate,
�-
and an unsuitable use when joined with residential uses. Commercial uses, which are
special exception uses in the C-2 zonin� district are not allowed in a PCD. "4 �--� �`" '`" �
Commercial uses which are blended with residential uses in a PCD, are intended to
serve the residents of the entire village and not just the residents of the PCD. Commercial
uses within a PCD must be open to the qeneral public and shall not be limited to use onlv
� the residents of the PCD. The proposed commercial uses for the PCD must be
identified by the time the special exception request is reviewed by villaqe council, and at
that time the petitioner must provide the village council with details concerning the hours of
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operation of each commercial use the estimated square footaqe of each commercial use,
the estimated number of emplovees for each commercial use the estimated number of
consumers or users of each commercial use the amount of parkinq to be dedicated to
employees and users of the commercial uses and anv other additional information that the
villac�e council may reasonably require in their review of the special exception request for
approval of a PCD use.
The desiqn and architecture of the PCD shall result in a cohesive, innovative
structure with architectural significance preservinq existinq trees and other natural
features on the site and inteqratinq open spaces and common areas. The use_of open
�pac� squares plazas passive parks courtyards loqgias �olonnades walkwavs,
fountains connections between buildinqs, common areas pedestrian linkaaes, recreational
areas and other public spaces where peo .�le may conqreqate socially and recreationallv is
encouraged.
PCD's shall be desiqned to promote unimpeded pedestrian circulation and reduce
the number and lenqth of vehicular trips The buildings shall be strateqicallv placed to
allow residents and consumers to circulate and access their destinations without having to
return to their veh to reach each destination within the PCD.
Sec. 78-252. Applicability of land development regulations to planned
comm�rciai dev�lopments.
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 b�+il�+ - ttei �dwelling unit density regulations, dep�rt
�d�.�:�.���.
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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 vilfage'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 befinreen the special planned commercial development
regulations in this article and general zoning, subdivision, and other applicable
ordinanee 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
diffetent meaning. All de�nitions appearing in section 78-4, shall be applicable to this
article, except to the e�ctent 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 accommo�ates a
variety of predetermined commercial and residential uses and/or mix of such uses in well-
planned 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 ZQning district in which the development is
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
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style. The entire land area of a PCD must be +s under unity of title, and be pianned 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 �I�a�ed-se�e�s+a1
de�ele�:
(1) Location. As set forth in the schedule of use regulafiions in article Vf, division 2
of this chapter, a PCD is permitted only as a
special exception in the C-2 zoning district.
�2� . Proaertv development requlations (see also table
inset in se�tion 78-143):
a Setbacks The minimum setback for principal and accessorv
structures in the C-2 district shall be as follows: front vard setback. finrentv-
five feet (25') except four and five s#ory buildinqs shalt qrovide a� additional
five feet t5') of setback for each storv above fiftv (50') feet; rear vard
setback� ten feet (10') provided however that no rear vard setback shall be
reauired if the property abuts a railroad right-of-wav or spur track; side va�
setback ten feet (10'�except a twentv foot t20') side vard setback shall be
required at any intersectinq street and where a propertv is contiquous with
any non commercia! zoning district Notwithstandinq the fore4oina
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requirements if anv side or rear xard abuts residential the villaqe council
maV increase the required rear or side �ard set-back bv 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 contiguous area of at least three f3)
acres Neither the overall commercial or the overall residential land use, shall
occupv more than sixty percent (60%) of the PCD.
c Minimum lot width and coveraqe requirements. The minimum lot
width shail not be less than 75 feet (75') The maximum lot coveraqe shall
not exceed fort�percent (40%) The minimum livinq area requirement for
any residential unit in a PCD shall not be less than 1 000 square foot per
unit.
d Open space The minimum percentaqe of landscaped open space in
anv PCD is twenty-five percent !25%� of the PCD.
e. Building heiqht. The permitted heiqht � for a buildings in
a PCD shall not exceed �e four 4
stories or fifty (5p'�feet, as is �e as allowed �ew�e�--#� in the C-2
zoning district. However as part of the site plan approval process, a
petitioner mav request an increase in buildinq heiqht in accordanc� 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 maximurn of �n��� �-.��T
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ei�-#e��-{�4} five (5) stories or seventv �70'1 feet above the averaqe
finished qrade. A request that the village council increase the buildin4
height to a heiqht not to exceed five (5) stories or seventv (70') feet, as part
�.�,C�,��v� us�.�-��'�
of a site qlan appfication �tcorx��; �"��` -"`""*' the criteria listed
below:
�1) The repuest is consistent with the purpose and intent of this
article.
�2} The request suaports and furthers the villaqe's Qoals,
obiectives and policies of a PCD as set forth in section 7$-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 commercia! areas with a combination of appeopriate
commercial uses together with fee-simple residential uses, which bv
virtue of the PCD are uniquely compatible, harmonious, and mutualiv
comalimentarv.
�3) The reQUest results from innovative desian in wMich other
minimum standards are exceeded.
S4) The request clearlv demonstrates the public benefits to be
derived includina but not limited to the use of desirabie architectural,
buildinq and site desian techniques.
�5) The request is not based solely or qredominantiv on economic
reasons and the increased height is required for other teQitimate
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dev�iopment purposes and which need is substantiated bv obiective
studies data reports and other documentary evidence.
(6) The increase in heiqht will be compatible with exisfiinq structures
nearbY and adiacent to the development site req�rdles� of whether
the nearby properties are within the corporate limits of the villaqe or
are in unincorporated Palm Beach County.
(7) The increase in heiqht will be consistent with existinq structures
nearby and adiacent to the development site reqardless of whether
the nearby properties are vNithin the corporate limits of th� villaqe or
are in unincorporated Palm Beach Countv.
�8) The proximitv of the PCD to any �esidential zoninq district.
(9) The request demonstrates that the increased heiqht will be in
harmonYwith the qeneral purqos� and intent of this article, and will
not be injurious to the area inuolved or otherwise detrimental to the
public health safety, and welfare.
�3) Residenfial areas to be subiect to a declaration of covenants and restrictions.
All residential units in the PCD and certain other real propertv as leqally described in the
PCD site plan shall be held transferred sold conveyed and occupied, subiect to a
declaration of covenants and restrictions formed and created in accordance with Florida
law bv a community association for the purpose of requlatinq controllinq and maintaininq
the residential component of the PCD Every person or entitv upon acquisition of fee
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simple title of anv unit, shall automatically become a member of the community
association. Membership shall be appurtenant to and may not be transferred or separated
from the ownership of any unit which is subject to the declaration of covenants and
restrictions. All residential units in the PCD shall be subject to fee simple ownership and
the qoverninq documents shall prohibit the use of property subject to the declaration of
covenants and restrictions from being used as a time share, roominq house, hotel or motel,
apartment complex or from beinc1rented for a time period less than six (6) months. The
proposed declaration of covenants and restrictions shall be subject to the review and
approval as to compliance with this section by the villaqe attorney prior to the sale or
conveyance of anv residential unit bv the developer.
(4) Parking qaraqes. Parkinc�,qaraqes or portions of parkinq qaraqes which are
above natural qrade, shall be counted as a story for purposes of ineasuring overall building
heiqht. Subterranean parking,qaraqes and/or storaqe area which are below natural qrade
shall not be used in calculatin overall buildin hei ht. Subterranean arkin ara es
and/or stora e areas shall not exceed the foot rint f the rinci al structure. The
declaration of covenants and restrictions for the c munit association which will overn
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the residential portion of the PCD, shall con�fin a schedule of the residential dwelling units
by unit number and legal description, t�'q �her with the parking number(s), location(s) and
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le al descri tion of the arkin s ce s to be assi ned and conve ed with the initial sale
of each dwellin unit b the de lo er. The declaration of covenants and restrictions shall
�l .�_c;(. �� �U' <<V1��...�,-n;L� ;, � ",•- : _�.-;
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expresslv prohibit the sale conveyance transfer or other form of attempted severance of a
�arking space(s) from the unit to which it was initially assiqned in and by the declaration.
{-�} •
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(5) Buildinq use. The sidewalk level story (first stor�) 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,building in a PCD must be located in stories
above the first storv. Live/work lofts are not permitted in the PCD.
(6} {4} Unity of title. All land included for purpose of development within a PCD
shall be held by the property owner of record under unity
of title , a��eui�e�-�er--an-��"+"^�.V"-?�-?
whether that propertv owner „°+�+��n°� h° is an individual, partnership or corporation, or a
group of individuals, partnerships or corporations. The pe�i#�er�e� property owner or the
owner's agent must present written #+r� evidence of the unity of title of the entire area
within the proposed PCD and must provide a written
aqreement to the villaqe statinq, °"^11 c+.,+o �nrocmon+ that if the owner �ie proceeds with
the proposed PCD de�elepr�e�, the owner �ie 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 a�proval.
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b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village #e+= to guarantee the completion of the undertaking in
accardance with the approved master site plan, as wetl improvement bonds and
other similar documents providin� 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 villaqe or another entitv with
jurisdiction.
c. Bind the propert�owner's �+s development successors in title and assignees,
to any commitments made under subsections (5) �4}-a and b of this section.
The evidence of unity of title and the proposed development aqreement as required bv this
para�raQh shall be subiect to the review and approval as to form and leqal sufficiencv bv
the villaqe attorne�
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�7,Z E5} Configuration of site. Any tract of land for which a R&B" �lafl�#
�� ^ u
application for anv PCD app�Cfval����� sh 11�ontain sufficient
f s +r� ���d
width, depth, and frontage on a public{y dedicated acterial or major street, or appropriate
access thereto in order to adequately accommodate its proposed use and design of fihe
PCD. At least one qortion of the perimeter of any PCD shall be located on an arterial road
as defined by the villag�'s comprehensive plan.
��C} Permitted uses. Permitted uses are as follows:
a. Residential uses,
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1 If residentiai dwellinqs are to be constructed as part of a commercial
buildin� in a PCD the residential dwellinqs shall be located onlv within, or as
an inteqral part of the main buildinqs.
:3. 2 Any fee simple use within the R-2 and R-3 zoning di�tricts which are
listed in the schedule of use regulations in article VI, division 2 of this chapter
as a permitted use. , ��
3. Adult congregate living facilities.
b. Commercial uses.
1. Retail sales and service.
2. Business service.
3. Professional service.
4. Personal service.
5. Restaurant, bake .
6. Theatre.
7. Health and fitness facilitv
8. 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 ro osed residential uses and the
existinq surroundinq uses may be permitted after considerinq the public
demand for the proposed use the public benefit to be derived from the
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proposed use and whether the proposed use wiii be iniurious to the area
invotved or o therwise detrimental to th e public health safetv and weffare;
and the size�densitY oqerating hours traffic impacts of the proposed use.
c. Recreational uses.
Any use within the R/OP zoning dis#rict which is iisted as a permitted use,
accessory use or special exception.
�{�} Conceptual and site plan review.
a. All applications for the development of a PCD as a special exception use in a
C 2 zonina district are subiect to conceptual plan review as provided for in article IX,
divisions 2 and 3 of this chapter In formufatinq a conce�tuaf plan for a proposed
PCD the special exception petitioner shall strictly complv with the requirements of
section 78 3 68 and at a minimum the conceptua plan shafl address items 1
though '16 of section 78-368�b) of this article. In addition. the site plan application
content and process by which a PCD shall be
reviewed and a�ted upon by the village council, shall be the same as those provided
for in article IX, division 2 of this chapter, toaether with the applicable portions of this
article if additional buildinq heiqht is requested.
(10� {�}- Platting. Each ptat for a PCD shall be
in compliance with the provisions of F.S. chapter 177.
20
�{-�-} Development phasing controls. Should a PCD
�o„o�^�man+ be constructed in phases, in addition to the requirements of article IX, division
2 c�f this chapter, the following sequ�nce rtiu�t b� adh�r�d to:
a. If a residential land ar�a is planned a� part of a PCD, it shall 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 PGD, the residential dwellings shall be located only witf�in, or as an integral part
of the main buildings; however, the residential dwellings shall not be issued a
certificate of occupancy prior to issuance of a certificate of occupancy for the
commercial occupancy of the main buildings.
w.,,
, �
,
r `�
� ��� .
21
� (11) Archifectural theme. �4 The initial development of a PCD �pe�ersia�
d�vele�e�, or any subsequent phase thereof, shall follow a common architectural theme
throughout the entire development. The petitioner must provide a description and
examples of architectural styfes to be utilized within the PCD, includinq but not limited to
the overall desiqn characteristics� roof types� window tvpes; common features and
decorative elements and embellishments such as comices; door and entries; pedestrian
amenities� and signaae There must be equal architectural treatment on alf four sides of
any buiidinq. The theme shall be established during the conceptual s+#e plan review
process and then maintained through the development process.
(12) Total residentiat dwefling unit densit se���a�ieR. For the purpose o# this
article, if dwelling units are to be developed as part of a PCD
�ep�e�, reqardless of whefiher the PCD is developed in t�hases or not, the total
number ofi dwelling units permitted in the PCD, shall be computed on the basis of eighteen
(18) dwelling units per gross acre of that portion of the PCD which is platted as commercial
and residential area.
t�) -
�e��s
�-4:
(14} Required public facilities and services. No building permits or development
orders shall be issued unless public facilities and services which mee# or exceed the
22
current adopted level of service standards, are available concurrent with the development
impacts. Compliance with this requirement may be accomplished through one or more of
the following processes:
a. Instail all required public facilitiesTnfrastructure/services prior to or concurrent
with the development impacts.
b. Phasing of all required public facilitieslinfrastructure/services:
1. By local government (capital improvements element).
Z. By the developer (development agreements).
c. Phasing of the development.
Sec. 78-256. ��ie� PCD desiqn standards;
waivers.
�eg�la�ie�s Design standards for PCD's �la�e�-se�er�ial
deve{ey�er�s are as foltows:
(1) Waivers.��tisabili� �e�#"isa�ie+�s. As a basis for the preparation of a
an application for special exception approval, conceptual
elan approval, site plan aqproval, or any future modifications �e�es�-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, togetherale�wi#h the requirements
of sections 78-255 and 78-257. ,
�a�� �irorv�on�c• �c c•e+ f�r�l�h in �en�inn 7S2_7��.l�1_ ' • • • •
r
. However, as part of the
23
site plan review and approval process,'��� *�° �f�"°ry°, the village council may waive �
�—regulations for the PCD set forth in this article, except for buildinq heiqht
ceQUirements densitv requirements reauirements associated with concurrencv
management and reauirements for the preservation of environmentallv sensitive lands,
a d provided that the spirit and intent of this chapter are complied with in #he total
d velopment of the PCD, and communitv benefits such as architectural desipn, pedestrian
amenities preservation o# environmentally sensitive lands provision of public parks and
o en s ace or mixed uses result in reduced im acts on villa e service are
demonstrated. For purposes hereof a waiver is defined as a reduction in a development
stand or other land development requirement normallv required bv this article.
f2) Waiverprocedur�e The arant of a waiver from the reauirements applicable to a
PCD shall be made bv the viAaqe council foltowinq an advisorv recommendation bv the
villaae planning and zonincLboard Ai1 reauests fior waivers must be submitted in writin�
and accom�any a develoament order application for the PCD. A request for the villaqe
council to approve a waiver from one or more of the standards and requirements aaqlicable
to a PCD shall complv with a maLority of the criteria listed below:
�1) The reQUest is consistent with the villaqe's comprehensive plan.
(2) The request is consistent with the purpose and intent of this article.
(3) The reQUest supports and #urthers the villaqe's Qoals, obiectives, 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
24
not iimited to pedestrian amenities increased open saaces, architectural
siqnificance and the {imited development of certain commercial areas with a
combination of approqriate commerciat uses toQether with fee-simqie,
residential uses which bv virtue of the planned combined- use develot�ment,
are uniquelv compatible harmonious and mutuallv complimentarv.
(4) The Qrantinq of the reauest wilt not result in a develoament that
exceeds one or more of the minimum re uirements for a PCD.
�5) The repuest results from innovative desi4n in which other minimum
standards are exceeded.
' (6) The reauest clearly demonstrates the public benefits to be derived,
including but not limited to the use of desirable architectural, buildinq, and
site desiqn techniques.
(7) Su�cient screeninq and bufFering if required, are provided to screen
adjacent uses from adverse im�acts caused bv the request.
�8� The request is not based solelv or predominantiv on economic reasons
and there are special circumstances and conditions that warrant the waiver.
�9) The request wi11 be compa#ible with existinq and uotentialland uses
ad�acent to the development site.
(10) The reQuest demonstrates that the grantinq of the waiver wilt result in
the �reservation of valuable natural resources includina environmenta(Iv
sensitive lands drainaae and recharqe areas and coastal areas.
25
(11) The request demonstrates that the development will be in harmonv
with the general purpose and intent of this article, and wiH not be iniurious to
the area involved or otherwise detrimental to the public health, safetv, and
welfare.
The village council may, at its discre#ion, require adherence to established
zoning district requirements within certain portions of the site, if deemed necessary
in order to maintain the spiri# and intent of this article. sl�a�e�: #-dwe��+�s-afe
,
( .
{4} � Commercial and r�esidential design regulations.
a. Off-street parking. Minimum off street parking and loading
26
� requirements determined by the specific commerciai or residential use.
b. Enclosed uses. All commercial uses shall be operafied entirely within
enclosed buildings except for the following uses: sidewalk cafe and drive-in, drive-
through, or walk-up service window facilities, i.e., lat+ndry, dry cleaning, and banking
facilities.
c. Operating hours. No commerciat use shall commence business
�
activities (including delivery and stocking operations) prior t�0 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 +#s-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�me�rchandise shall be permitted. Outdoor storaQe of
a �
boats trucks and r' ecreational vehic and other simifar items that normallv
cannot be parked or stored at a residence is prohibited.
f. Access. Access to commercia{ facilities shall be from an arterial or
collector road which is part of the interior circulation systerr� within the PCD
�i#e. No
27
commercial facility shall maintain frontaqe direct view, or phvsical access on
or from anv local or neiahborhood roads. A thorouqhfare plan indicatinq the
primay secondarv arterial tertiarv and main street roadwavs throuqhout
the PCD shall be provided at the time the site plan application is submitted to
the villaae If possible the plan shall establish a qrid svstem or related
pattern that allows for pedestrian linka4es and visual enhancements. In
addition the elan shall provide a design theme for proiect-wide shared
elem ents such as the use of a common hardscape theme (Le., aavers,
brick crosswalks curbing, etc )� minimum sidewalk widths: the use of
awninqs canopies and shade materials� lightinq standards: street furni#ure:
bike paths• median and parkwav landscaping� locations of on-street qarkinq;
pedestrian linkages and thoroughfares� parkway areas� parkina plan�
� connections between buiidinQS, etc.
Sec. 78-257. Design criteria.
�
AI1 PCD's shall observe
�esi�-se4�ie�► the following objectives and requirements:
(1) General objectives.
a. A suitable mixed-use commercial/residential environment shall be
provided by utilizing the potential advantages of the site, inc{uding suitable
placement of the buildings and facilities in relation to the site and surrounding
influences.
28
b. Adequate open space related to buildings 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 e� 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 iand use pattern.
g. Arrangements of buildings shall be in favorable relation to the
natural topography, existing desirable trees, views within and beyond the
site, a�nd exposure to the sun and other buildings on the site.
(2) Access and circuJation.
a. Principal vehicular access points in a PCD,
devele�� shall be designed to encourage smooth #rafFc flow and
minimize hazards to vehicular or pedestrian traffic. Merging and turning fanes
and traffic medians shalt 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
29
encourage through traffic. In addition, visibility triangles of 25 feet in both
directions from the point of intersecting lot lines shall be maintained at all
intersections. Plantings shall not exceed two and one-half feet (2 %') in anv
visibility trianqle.
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
pfanned with the appropriate design criteria as determined by the village
.���W�
d. Streets shall not occupy more iand 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
shall determine whether future connections are likely and desirable and
30
shall have the authority to alter the design of the PCD to accommodate
such #�+s iudgment.
(3) Garbage and refuse collection.
a. Outdoor collection stations shall be provided in a PCD �ed
nnmmorni'+ ,�o_,o��nW.on+ for garbage and trash removal when individual
r ... .e...
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 �+�e� 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 1X, Section 78-282, entitled "Structures exempt from
height limitations" of the Code of Ordinances of the Village of Teque�ta, Florida is hereby
amended to read as follows:
Sec. 78-282. Structures that may be exempt from height limitations.
Chimneys, water tanks, elevator lofts, church spires, flagpoles, ar�d-parapet walls and
turrets may, at the discretion of the village council, be erected above the height limits
established by this chapter.
31
Section 7. Chapter 78, Article IX, Section 78-303 is hereby created to read as
follows: "Visibility triangles" of the Code of Ordinances of the Village of Tequesta, Fiorida is
hereby amended to read as foliows:
Sec. 78-303. Visibilitv triancties.
Visibititv triangies of finrenty-five feet (25'�, in both dire�tions from the point of
intersectinq lot lines shall be maintained at all intersections Plantinas shall not exceed two
and one-half feet (2 '/') in heiqht in a visibilitv #rianqle.
Secfiion 8. Severability.
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
shaU not affect the validity of the remaining portions thereof.
Section 9. Repeaf of Laws in Conflict.
All ordinances or parts of ordinances in conflict herewith, specifically including but
not limited to Ordinance 39$ as it pertains to planned commercial developments, are
hereby repealed to the extent of such conflict.
Section '10. Codification.
The sections of the Ordinance may be made a part of the �Ilage 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.
32
This Ordinance shall take effect immediately upon adoption,
33
Maps are available in the Community Development
Department.
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'illage of
:JESTA DAI L,�Y
AND ASSOCIATES, INC.
NG MAP Surveying and Mapping
112 N. U.S. Highway No. 1
'OBER 2004 Tequesta, FL. 33469
Phone: (561) 746-8424
BUSINESS LICENSE: LB# 2799
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