HomeMy WebLinkAboutOrdinance_05-11_06/09/2011 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 18 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 18 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 18 dwelling 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.]
(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.]
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(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 effect 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, 18 24 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.]
(f) Property development regulations (see also table inset in section 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
18 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.]
(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 18 24 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.]
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(f) 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.]
(1) 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.
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Upon Second Reading this 9th day of June 2011, the foregoing Ordinance was offered by Council
Member Humpage who moved its adoption. The motion was seconded by Council Member
Turnquest and upon being put to a vote, the vote was as follows:
For Adoption Against Adoption
Mayor Tom Paterno X
Vice -Mayor Vince Arena X
Council Member Abby Brennan X
Council Member Jim Humpage X
Council Member Calvin Turnquest X
The Mayor thereupon declared the Ordinance duly passed and adopted this 9 day of June 2011.
MAYOR OF TEQUESTA
P
L t
Tom Paterno
ATTEST:
Lori McWilliams, MMC .,�' D�POigcn
Village Clerk �SE�L ?D
IN
4 , 19 \On.
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