The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 22_05/12/2011 , �. ,- VILLAGE OF TEQUESTA =`�J;; AGENDA ITEM TRANSMITTAL FORM ,�- 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: 5-11 5/12/11 Consent Agenda: No Resolution #: 4+��v� ��e�� r�7t.�� a�� Originating Department: Manager 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Ordinance 5-11, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article VI. Schedule of District Regulations. Sections 78-177 C-2 Community Commercial District Allowing the Maximum Density for ACLF Use in these Zoning Districts to be 12 Units Per Acre 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Ordinance 5-11, First Readinq, Amending the Village Code of Ordinances at Chapter 78. Zoning. Article VI. Schedule of District Regulations. Sections 78-177 C-2 Community Commercial District Allowing the Maximum Density for ACLF Use in these Zoning Districts to be 12 Units Per Acre 5. APPROVALS: Dept. Head: �' ' ance Director: ❑ Reviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: • DENY ITEM: ❑ Form amended 08/26/08 ORDINANCE NO. 5-11 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. ARTICLE VI. SCHEDULE OF DISTRICT REGULATIONS. SECTIONS 78-177 C-2 COMMUNITY COMMERCIAL DISTRICT. AND 78-180 MU MIXED USE DISTRICT. BY ALLOWING THE MAXIMUM DENSITY FOR ACLF USE IN THESE ZONING DISTRICTS TO BE 12 UNITS PER ACRE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. 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, the Village of Tequesta Comprehensive Plan provides that the Village's land development regulations may allow ACLF density to be no more than 24 units per acre; and WHEREAS, based on recent development trends in the Village, the Village Council desires to direct future development and growth in the Village's C-2 and MU districts by allowing ACLF density to be 12 units per gross acre; and WHEREAS, the Village Council believes that these amendments to the Village's zoning code will be in the best interests of the Village of Tequesta, and will promote the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. Sec. 78- 177. C-2 community commercial district. by amending this section to provide that ACLF uses shall be developed on the basis of 12 dwe�ling units per gross acre; 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 enacted.] (b) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.] 1 (c) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.] (d) Special exception uses. Special exception uses in the C-2 district are as follows: (1)-(3) [These paragraphs shall remain in full force and effect as previously enacted.] (4) Adult congregate living facility (ACLF) (subject to the provisions of article VIII of this chapter), provided: a. — j. [These paragraphs shall remain in full force and effe�t as previously enacted.] k. Maximum residential density is as follows: 1. Adult congregate living facilities: Facilities wherein each separate room or group of rooms is designed or intended for use as a residence by an individual or family. The maximum allowable density for such facilities may be up to, but not exceeding, 12 �4 units per net acre. 2. Extended care facilities: Facilities wherein beds are provided for residents in the nature of a nursing or convalescent home. Each bed shall be equal to one-quarter dwelling unit. (5)-(19) [These paragraphs shall remain in full force and effect as previously enacted.] (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously enacted.] (fl Property development regulations (see a/so table inset in secfion 78-143. [This paragraph shall remain in full force and effect as previously enacted.] Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Article VI. Schedule of District Regulations. Sec. 78- 180. MU mixed use district. by amending this section to provide that ACLF uses shall be developed on the basis of 12 dwelling units per gross acre; 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 enacted.] (b) Applicability of development regulations to mixed-use development. [This paragraph shall remain in full force and effect as previously enacted.] (c) Conflicts with other regulations. [This paragraph shall remain in full force and effect as previously enacted.] (d) General requirements and special regulations. The following general requirements and special regulations shall apply to planned mixed-use development within the mixed- use district: (1) Location. [This paragraph shall remain in full force and effect as previously enacted.] (2) Configuration of site. [This paragraph shall remain in full force and effect as previously enacted.] (3) Unity of title. [This paragraph shall remain in full force and effect as previously enacted.] 2 (4) Density. For the purpose of this section, if dwelling units are to be developed as part of a proposed development within the mixed-use district, the total number of dwelling units permitted in the mixed-use district shall be computed on the basis of 18 dwelling units per gross acre for all residential uses, with the following exceptions: ACLFs shall be computed on the basis of 12 �4 dwelling units per gross acre; and rehabilitation facilities shall be computed on the basis of 8 dwelling units per gross acre. (5) Building height. [This paragraph shall remain in full force and effect as previously enacted.] (e) Site plan review. [This paragraph shall remain in full force and effect as previously enacted.] (� Urban design principles. [This paragraph shall remain in full force and effect as previously enacted.] (g) Urban design objectives. [This paragraph shall remain in full force and effect as previously enacted.] (h) Permitted uses. [This paragraph shall remain in full force and effect as previously enacted.] (i) Special exception uses. Special exception uses in the mixed-use district are as follows: (1) -(16) [These paragraphs shall remain in full force and effect as previously enacted.] (j) Accessory uses. [This paragraph shall remain in full force and effect as previously enacted.] (k) Planned mixed-use development required. [This paragraph shall remain in full force and effect as previously enacted.] (I) Prohibited uses. [This paragraph shall remain in full force and effect as previously enacted.] (m) Property development standards. [This paragraph shall remain in full force and effect as previously enacted.] Section 3: Each and every other section and subsection of Chapter 78. Zoning. shall remain in full force and effect as previously enacted. Section 4: All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. Section 5: 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 6: Specific authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall become effective immediately upon passage. 3