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Home My WebLink AboutDocumentation_Regular_Tab 08_06/09/2011 �' �' VILLAGE Redistributed from May Meeting ;� "` ,.�� ,��` AGENDA ITEM 1. VILLAGE COUNCIL MEETING: i Meeting Date: Meeting Type: Regular Ordinance #: 5-11 'i 5/12/11 Consent Agenda: No Resolution #: � Originating Department: Manager 2. AGENDA ITEM TITLE: (Wo�ding form the SUB JECT 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. BU / 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. EXECUT S UMM ARY OF AAAJOR ISSU ES: (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: rfor legal sufficiency) Yes � No ❑ Village Manager: � SUBMIT FOR COUNCIL DISCUSSION: • APPROVE ITEM: � • DENY ITEM: [� Form amended 08/26/08 ORDlNANCE 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 SEVERABIL{TY CLAUSE AND AUTHORITY t0 CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the �Ilage of Tequesta Comprehensive Plan provides that the Village's land development regulations may aflow ACLF density to be no more than 24 units per acre; and WHEREAS, based on recent development trends in the Village, the �Ilage Council desires to direct future development and growth in the Ullage's C-2 and MU districts by allowing ACLF density to be 12 units �r gross acre; and WHEREAS, the �Ilage Council believes that these amendments to the Village's zoning code will be in #he best interests of the Village of Tequesta, and will promote the public health, safety and wetfare. NOW, THEREFORE, BE fT ORDAINED BY THE VILLAGE COUNCIL OF THE YILLAGE OF TEQUESTA, PAIM 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. 7& 177. C-2 community commercial district. by amending this section to provide that ACLF uses shall be develo�d on the basis of 12 darelling units per gross acre; providing that Sec. 78-177 shall hereafter read as follows: Sec. 78-177. C-2 community commercial dis�ict (a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.] (b) Pem►ifted 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) Adutt congr�ate living facility (ACLF) (subject to the provisions of article VIII of this chapter), provided: a. — j. [These paragraphs shall remain in full force and effect as pr�eviously enacted.] k. Maucimum residerrtial density is as foliows: 1. Adult congre�ate 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 ailowable density for such facilities may be up to, but �ot 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.] (� Property development regulations (see a/so table inset in section 7&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 Artic� 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 shal! hereafter read as folEows: Sec. 78-180. MU mixed-use district. (a) Purpose. [This paragraph shall remain in full force and effect as previously enacted.) (b) ApplicabiJity of development reyulations to mixeaNuse a�velopment [This paragraph shall remain in full foroe and eifect as previously enacted.) (c) Conflicfs 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 ef�'ect as previously enacted.] (2) Cor�figuration of site. (fhis paragraph shall remain in full force and effect as previously enacted.] {3} Unity of fitle. [This paragraph shall remain in full force and effect as previously enacted.] z (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 dv�lling units per gross acre for all residential uses, wrth the following exceptions: ACLFs shall be c�mputed on the basis of ��4 dwelling units per gross acre; and rehabilitation facilitie,s shall be computed on the basis of 8 dv+�lling 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.] (fl Unban 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) Pem►itted 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 eifect as previously enacted.] (k) Planned mixec�use development r+equi►�d_ [This paragraph shall remain in full force and effect as previously enacted.] (I) Prahibited uses. [This paragraph shall remain in full force and effect as previously enacted.] (m) Pro�►ty development standarols. [This paragraph shall rema+n in full force and effect as previously enacted.] Section 3: Each and every other section and subsection of Chapter 78. Zoning. sha11 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 ofi competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Orclinance. Section 6: Specfic authority is hereby granted to codify this Ordinance. Section 7: This Ordinance shall become effective immediately upon passage. 3