Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 04B_11/18/1993 , r . � y' O� ; ; VILLAGE OF TEQUESTA DEPARTMENT OF COIvtMUN1TY DEVELOPMENT , � Post Office Box 3273 • 357 Tequesta Drive � � 3 � Tequesta, Florida 33469-0273 •(407) 575-6220 �� ; ° Fax: (407) 575-6203 " m 4 ,CM COUM �O� ~�� v��,� 81gg33e�.. '2 , L �, MEMORANDUM 0� S � Q �_. T0: Thomas G. �radf ord, Vi 11 age Manager FROM: Scott D. Ladd, Building Off icial � �G _ DATE: November 8, 1993 SUBJECT: Draft Ordinance Creating New Mixed-Use <MU> DistLict within the Villaqe Center Master Plan Area. � Tom, attached are seventeen t17) copies and the oriqinal red line copy of the proposed final draft ordinance creating a new mixed- use <MU> zoning district. Also attached are eighteen <18) copies of a map that outlines the Village Center Master Plan area that would becQme the new mixed-use <MU> district upon final readinq and adoption of this proposed ordinance. Please place this proposed final draft ordinance on the agenda of the November 18, 1993 Village Council meeting for first reading. Thank you. SDL: j mm Attch. Recycled Paper � VILLAGE OF TEQUESTA A a 7 DEPARTMENT OF COMMUNITY DEVELOPMENT ' Post Office Box 3273 • 3S7 Tequesta Drive �� � � Tequcsta, Florida 33469-0273 •(407) 575-6220 ; ° Fax:(407)575-6203 A 4 f ��N COUH MEMORANDUM: T0: T2iomas G. Bradford, Villaye Manager FROM: Scot t D. Ladd, Bu i 1 d i ng Of f i c: i a 1 `� N/� DATE: October 8, 1993 SUBJECT: Draft ordinance to create new Mixed-Use <MU> District within the Village Center Master Plan area. Tom, attached are ten <10> sets of packete containinq a copy of the proposed draft ordinance creating a new mixed-use <MU> zoninq district, a map of the Villaqe Center Master Plan area, and a map of the entire Villaqe hiqhliqhting the proposed mixed-use <MU) zoning district. This proposed draft ordinance is the result of more than thres years of work by the Villaqe Council, Villaqe staff, planninq consultants, Villaqe Attorney, and th� Downtown Task Force. The draft ordinance is a modified version of the oriqinal draft ordinance that I prepared three years aqo and the draft ordinance that our former planning consultants, Dover-Kohl & Associates, prepared for the Village. The propesed draft ordinance is much shorter than the final draft of the Dover-Kohl doaument mainly because it does not contain the verp complioated and controversial performance standards, property standards and architectural standards that were in the Dover-Kohl draft ordinance. What Villaqe staff and the Village Attorney attempted to do with the modified version was to incorporate some of the purpose and intent, scope, qeneral requirements, desiqn grinciples and desiqn obaectives of the Dover-Kohl document with much more realistic property development standards and, with the exception of dwellinq unit density and building heiqht, •'total" flexibility with regard to neqotiatinq between the developer/owner and the Villaqe the mix and intensity of uses and the propertp development standards. This commitment to "flexibility" is set forth as follows: o Sect ian 1. , Paraqraph 8. . Paqe 2, within the def init ion for planned mixed-use development <PMUD> o Sect ion 4. , Subsect ion C 9), Paraqragh < b> , Paqe 4, Scope of District o Sect ion 4. , Subsect ion < 9> , Paraqraph t q) , Item 1. f, Paqe 7, Desiqn Ob�ectives o Section 4., Subsection <m>, Page 9, in the opening statement regardinq property development standards. Recyr,led Paper � f ` • I - - �' � � il I ; ORDINANCE N0. �� I • I AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF � TEQUESTA. PALM BEACH COUNTY. FLORIDA. AMENDING ZONING � ORDINANCE N0. 355, AS AMENDED. BY AMENDING SECTION IV, I! DEFINITIONS. BY . AMENDING AND/OR ADDING CERTAIN ii • DEFINITI4NS; BY AMENDING SECTION V, ESTABLISHMENT OF , DISTRICTS AND OFFICIAL ZONING MAP; BY ADDING AT iI SUBSECTION <A>, A NEW MIXED-USE DISTRICT; BY AMENDING � SEGTION VII. SCHEDULE OF REGULATIONS AND APPLICATION OF � REGULATIONS, BY ADDING DISTRICT MU AT SUBSECTION <C>, SCHEDULE OF SITE REGULATIONS; BY AMENDING SECTION VII, SCHEDULE OF REGULATIONS AND APPLICATION OF REGULATIONS, SUHSECTION <D>, SCHEDULE �F DISTRICT AND USE REGULATIONS, BY ADDING NEW PARAGRAPH (9>, MIXED-USE � DISTRICT; BY AMENDING SECTION VIII, OFF-STREET PARKING '� AND LOADING REGULATIONS; BY AMENDING SECTION X, SUPPLEMENTAL REGULATIONS APPLYING TO A SPECIFIC, TO SEVERAL, OR TO ALL DISTRICTS, SUBSECTION tJ>, SPECIAL EXCEPTION USES. PARAGRAPH <2>, CRITERIA. BY ADDING A NEW REQUIREMENT <h>; SUBSECTION <M>, SITE PLAN; PREREQUISITE TO BUILDING PERMIT ISSUANCE, BY AMENDING PARAGRAPH <1); PROVIDING FOR SEVERABILITY; FROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT 4RDAINED BY THE VILLAGE COUNCiL OF THE VILLAGE OF TEQUESTA, FALM BEACH COUNTY, FLORIDA. AS FOLLOWS: Sect ian 1. Def init ions. Sect ion IV of the Off ic ial Zoning Ordinance of the Villaqe of Tequesta, Ordinance No. 355, as amended, is hereby amended by addinq new and or revised definitions as follows: 1. Mixed-Use District. Mixed-use districts are urban or suburban areas physically understood and limited in size where rssidences, shops, workplaces, and places in which streets serve the needs of the pedestrian and the automobile equitably; areas providinq parks and plazas f or inf ormal social activity and recreation; areas in which private buildings form a clear edge between the public and the private realms; places where civia buildinqs and squares reinforce the identity of the neiqhborhood. 2. Personal Services. Establishments primarily enqaqed in providinq services that involve the care of a I pezson or his or her appearance. Such services may include, but are not necessarily limited to, beauty parlors, shops or salons, barber shops, massaqe parlors, or any similar use that does not involve the sale of anp retail product. .i il ; � li j 3. :mall Scale Retail 8ales & Service. Retail and/or sc�rvice uses that are local <Villaqe> serving in nature as opposed to larqe scale retail sales and ' services which are regional servinq in nature. Small scale retail sales and services shall not exoeed 3500 square feet in gross leasable area for � each tenant area or individually owned unit. � 4. LarQe Scale Retail Sales & Service Retail and/or service uses that are regional <beyond Villaqe limits> servinq in nature as opposed to small scale retail sales and services which are local <Village> servinq in nature. Large scale retail sales and � services are tenant areas or individually owned units in excess of 3500 square feet. 5. Bed and Breakf ast. Moet traditional neiqhborhood ordinances provide a site for the location of a small hotel under "lodqinq". These are buildinqs providinq fovd services and rooms for short term lettinq. It is not intended as a larqe strip motel or urban luxury hotel, but rather as a small town inn of the kind enjoying resurqence all over the country. � 6. Railwav Station. Most pedestrian pocket ordinances provide a reserved site for the location of a railway station under "Transportation Buildinq". These are buildings for passenger mobilization, food services, and premises for the repair, assembly or fabrication of artifacts may also be allowed as complementary functions within the same structure. It is not intended as a plastic terminal building of the kind f ound in most suburban bus stations but as a permanent structure that diqnifies our existence. 7. Public Buildinas and Facilities. Any buildinq held. used, or controlled exclusively for public purposes by any department or branch af qovernment, federal, state, county or municipal, without reference to the ownership of the building or land upon which it is s ituated. 8. Planned Mixed-Use Development tPMUD>. A unified development process that permits a mixture of land uses to develop in a creative, vital and diverse way. Residential, commercial and public buildinqs and f acilities are the primary uses in this deveiopment appraach. Neiqhborhood identitp is emphasized in mixed-use areas and responsible use of the environment and natural features is required. All modes of traffic, includinq vehicular, pedestrian, and biGycle are inteqrated into and connect various uses. The mix and intensity of uses _ 2 _ and the Property Development Standards <with the exception of buildinq heiqht which is limited to a maximum six stories or 84 feet> can be fully neqotiated with the Villaqe to provide optimum development fl�xibility in mixed-use areas. 9. Villase ServinQ. Establishmsnts principally oriented to servinq the needs of Village gersons which would not substantially rel,y upon the patronaqe of persons not defined as Villaqe persons. Village serving establishments, by def inition, would typically contain thirty-f ive hundred <3500> or less square feet of interior qross leasable area <GLA> and would not engaqe in advertising designed tv attract other than Village persons. 10. Flea Market. An occasional or periodic sales activity held within a buildinq, structure, or open area where groups of individual sellers offer qoods, new and used, for sale to the public, not to include private qarage sales or special indoor/outdoor events, i.e.; cultural events, arts and crafts fairs or bazaars and charitable events. Sect ion 2� Sect ion V of the Off icial Zoninq Ordinance , of the Villaqe of Tequesta, Ordinance No. 355, as amended, is hereby amended by adding a new use district at Subsection <A> identified as use district <9> to read as follows: <9> MU - Mixed-Use District. Section 3._ Section VII, Schedule of Requlations and Application of Regulations, is hereby amended at Subsection <C>, Schedule of Site Requlations, by adding district MU ta the schedule as follows: District MU <See sgecial generay requirements, regulations, desiqn principles, desiqn ob�ectives, and development standards that apply in this district as set forth at Section VII< D> < 9> of these regulat ivns. > Section 4. Section VII, Schedule of Requlations and Application of Regulations, is hereby amended at Subsection <D>, Schedule of District and Use Regulations, by adding new paragragh <9), Mixed-Use District, as f ollows: (9> MU - Mixed-use District. - 3 - �j y ' ii i '� j! ;j ;i ' ;� ia> Tiie purpose and inter�t of the mixed-use dist=ict ;� is to establish a Villaqe Center which creates a �' vital, diverse core foL the principles which ;, �! utilize mixed-use development concepts and which ;� permit a combination of usually separated uses �f within a unified development district area. Natural features should be enhanced and !i environmental conditions carefully assessed. ' Commercial uses are intended to be limited to specialtp small scale retail sales and services,. �� business services and professional services �; primarily desiqned to serve residential neighborhoads of the Village. Orientation to I and compatibility with neiqhborhoods to be served are essential. Residential uses are �) intended to encourage the accomplishment of a i more complete residential living environment throuqh the application of imaginative i approaches to community development which establish neighborhood identity and focus I � consistent with values of the Village of i Tequssta. It is f urther the purpose and intent �, of this area to provide lands for a ranqe of i residential uses from lower density sinqle- family to higher density residential uses. Traffic circulation should not only accommodate vehicular traff ic, but provide for the eff icient movement of gedestrian and bicycle traffic. tb> Scope of District. 1. Althouqh mixed-use development groduced in comgliance with these provisions and requirements and other requlations as set I forth and detailed in this Zoning Ordinance may depart from the strict application of � property development requlations expressed I � in this Ordinance, such develogments are to I� be in compliance with the Villaqe of � Tequssta Comprehensive Development Plan and � platted of record in accordance with the procedures for approval of subdivisian plats in the Villaqe of Tequesta Subdivision Reqvlations. The mixed-use develogment grovisions set forth in this Section shall be utilized as a guideline in the review of all f uture development proposals for the special planning area as identifisd in � Pol icy 1. 12. 1 of the Future Land Ose II Element, as desiqnatsd on the Future Land Use Map contained in the Village of Tequesta Comprehensive Development Plan and as identified on the Villaqe of Tequesta Comprehensive Zoning Map as District MU. - 4 - � • , i ;� i� i� `� < c> Conf 1 ict with Other Appl icable Reyulat ions. „ II 1 . Where conflicts exist betwsen these mixed- �I use district special Legulations and qeneral �� zoninq, subdivision and other applicable j ordinance provisions, these special � regulations shall apply. i � <d> General Requirements and Special Regulations. i 1. The followinq general requirements and special regulations shall apply to planned mixed-use development within the mixed-use (' district: I � a. Location. A glanned mixed-use develop- ment is germitted only in the special planning district identified by Policy � 1.12.1 of the Future Land Use Element, ae desiqnated on the Future Land Use Map contained within the Villaqe of Tequesta Comprehensive Development Plan and as identified on the Village of Tequesta , Comprehensive Zoning Map as District MU. b. Conf iqurat ion of Site. Any tract of land for which a planned mixed-ues I development application is made shall contain suff icient width, depth, and ( frontage on a publicly dedicated arterial or ma7or strest or.appropriate access thereto to adequately accommodate its proposed uBe and desiqn. c. Unity of Title. All land included f or , purpose of development within a planned I mixed-use development shall be under Unity of Title of the petitioner for � such zoninq designation, whether that petitioner be an individual, partnershig or corporation, or a qroup of individuals, partnerships or corporations. The petitioner shall � present firm evidence of the Unity of I Title of the entire area within the proposed planned mixed-use development and shall state aqreement that, if he proceeds with the proposed development, he wi11: - 5 - i ,� � ili Dv eo in accord with the afficially � app=oved site plan of the I � development, and such other condit ions or modif icat ions as may �i be attached to the approval. i I ' ' <2> Provide agreements, covenants, I � contracts, deed restrictions or sureties acceptable to the Village for completion of the undertaking in � accordance with the approved site ! plan as well as for the continuina � operation and maintenance of such I areas, functions, and facilities as � are not to be provided, operated or maintained at peneral public expense. <3> F3ind his development successars in title tu any, commitments made under ( 1) and < 2> above. d. Dens ity. For the purpose of this provision, if dwelling units are to be developed as part of a planned mixed-use development, the total number of ( dwelling units permitted in the mixed- � use district shall be computed on the basis of eighteen (18> dwellinq units � per gross acre. I s. Building Heiqht. The maximum buildinq height allowed shall be six <6> stories or e i ghty-f our f eet ! 84' ) above averaqe finish grade. � � <e> Site Plan Review. ( In adherence to Pol icy 1. 12. 1 of the Vil lage of ' Tequssta Comprehensive Development Plan Future Land Use Element, all progased devel�pment plans far the mixed-use element shall �e sub�ect to review and approval by the Village Council. � tf) Urban Desiqn Principles. 1. The following urban design principles shall be �� ` strictly adhered to in all development grogosals �I of the mixed-use district. a. That mixed-use promotes economic and social we 11-be i nq . - 6 - !I I Y , I I �I ;i b. The streets serve the nesds of the ' pedestrian and the automobile. � � ;� c. That proposed equares and plazas provide � collective identity and a place for social �� activity and recreation. � d. That public buildings, facilities, and i epaces are symbols of the community and convey identity and pride through their � architectural clarity and civic functions. i� ; i , e. That carefully placed buildinqs delineate j) and define public spaces and lots and i blocks. ' f. That street6 are desiqned and act as amenities to the development and as quality public space. � I <g) Urban Design Ob�ectives. I 1. The follawing urban design obasctives shall be I quidelines in all develogment proposals of the mixed-use district. a. To bring many of the activities of daily living, includinq dwellin,q, shopping and othar activities, within walkinQ distance. b. To reduce the number and lenqth of automobile trips to relieve traffic congestion. c. Ta provide internal vehicular cirGUlation to relieve traffic impact on arterial roads. d. To grovide defined public spaces and strests � that allow the citizens to observe and watch over the collective security. e. To provide sites f or civic buildings. f. To grovide flexibility for the development strategies that evolve over time. <h> Permitted Uses. 1. Single-family dwellinqs. 2. Two-family dwellinqs. 3. Multiple-f amily dwellings. � 4. Small-scale retail sales and service. * 5. Business services. � 6. Profess ional services. � 7. Personal services. 8. Recreation/Open Space. ( - 7 - i * Maximum 3500 square feet qross leasable area allowed � for each tenant area or individually owned unit. I < i> Special Except ion Uses. � 1. Restaurants <includinq carry—out> 2. Public buildings and facilities. 3. Church/House of Worship. 4. Civic/cultural/institutional. 5. Bed and breakfast. b. Hotel 7. Adult conaregate livinu facility <ACLF>. 8. Gasol ine service stat ion < only front inq on U. S. Hwy. One>. 9. Private clubs. 10. Railway station. 11. Permitted Uses Numbers 4. 5. 6. 7& 8 in excess of 3500 sguare feet <large scale retail sales and services>. <j> Accessory Uses. 1. Any accessory use customarily incidental to a permitted use. 2. Frivate qarages, swimmin_q pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis courts, clubhouse, utility buildinvs, gazebos, and any other similar use deemed agpropriate by. the Building Official. <k> Planned Mixed—Use Development <PMUD>. 1. Reguired for all permitted, special exception. and accessory uses within the mixed—use district except lots or parcels of less than three <3> acres. <1) Prohibited Uses. 1. Wholesale. 2. Warehouses. 3. Car wash tthat ie not an accessory use>. 4. Motel. 5. Motor vehicle dealer. 6. Pawn shop. 7. b'ull service fuel station/gasoline service stat ion. 8. Flea markets — indoor or outdoor. 9. Automobile repair facilitiss, includinq qaraqes and body shogs. — 8 — I � ii � .. Ii I) �� � 10. Kennels or pet hospitals with boardinc7 facilities. i 11. Any other use or structure not 6pecifically or I bp reasonable implication permitted herein as a � permitted use, special exception u6e or �; accessory use. �' �) (m> Property Development Standards. , � Property development standards for the mixed-use district shall be as set forth below. However, as � part of the review and approval process by the � Village, the Villaqe Council may modify the propertp development standards, at its discretion, provided the spirit and intent of the regulations and standards are comglied with in the development of ,I the mixed-use district. I 1. Parking Reguirements. On-street and off-street parkinq shall be allowed within the mixed-use district and the minimum number of required parking spaces to be provided may include a combination of on-street and off-street spaces. When using on-street parkinq to meet a portion � of the required parking for a proposed project, � only those spaces that lie within the street frontaqe areas of the property may be included in the total calculations f or meetinq the minimum required parkinq requirements. 2. Streetslftights-of -Way. The minimum width of I riqhts-of-ways within the MU district are as I follows: I a. Major street <collectar street> - Fifty <50' ) fest. �� b. Minor street <collector street> - Fifty <50' > feet if two-way street. Forty-two <42') f eet if one-way street. i � 3. Drainaqe tstrests/rights-of-way>. Raised curb and c�utter drainage systems shall be the pref erred method utilized within the MU district. Alternate drainage systems shall be approved at the discretion of the Village Council during the site plan review process for a proposed planned mixed-use development <PMUD>. � - 9 - 1 I � I � I I 4. Schedul� of Site Requlations. a. Minimum lot size: 3200 equare test . I I b. Minimum lot width: 40' <feet) c. Maximum lot coverage: �i Reeidential - 62� <percent> � Commercial 60Rs <percent> fvr a single � minimum sized lot. I ' - 70� < percent> for two or more lots or parcels in excess of the ' minimum sized lot under unity- � of-title. � � d. Minimum front yard setback: Residential - 10' <feet> i Commercial - 0' tfeet> I ( e. Minimum side yard setback: I Residential - 0' {f eet> on one side i 7' <feet) on remaininq side I Commercial - 0' <feet> on both sides where commercial abuts commercial 7' <feet> where commercial abuts residential f. Minimum rear yard setback: I Residential - 10' (f eet) Commercial - 0' tfeet> where commercial abuts commercial - 10' (feet> where commercial abuts ( residential q. Minimum livinq area requirements: Not applical�le. h. Minimum landscaped/open space: Residential - 25� <percent> Commercial - 25� <percent> i Section 5. Section ViII. Off.-Strest Parkinq and Loading Reguiations, is hereby amended at Subsec.tion (H), Off-Street � Pazkinq Space Requirements, by amending Subsection <H> to read � as follows: � - 10 - I ( _ .. i �' � i �i �i i� (H> Off-Street ParkinQ Space Requirements. <Certain of I these requirement6 may be in conflict with the i special parkinq requirements set f orth in the ' Property Development Standards for use within the � MU, Mixed-use District. Where a conflict exists, i i the Property Development Standards of the MU � District shall apply.> ; Section 6. �ectian X. Supplemental ReQUlations applyinq ��to a specific, to several or to all districts, is hereby amended i at Subsection <M>, Site Plan; Prerequisite to Building Permit II issuance, by amending Paragraph < 1> to read as follows: � � ( 1> Site Plan Review. By the terms of this �rdinance. all germitted uses in all zoning districts, except R- i � lA and R-1; all special exception uses as approved �I by the Villaqe Council; all plannad residential I development <PRD>, planned commercial development <YCD), planned mixed-use development <PMUD>; all i miscellaneous development and redevelopment, all I subdivisions; and, all uses or construction lyinq partially or entirely in special flood hazard areas II shall: i Section 7. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be qiven effect without the invalid provisions or apglications, and to this end, the provisions of this Ordinance are hereby declared severable. � Section 8 . Codification. This Ordinance shall be �' codif ied and made a part of the Off icial Code of Ordinances of I the Village of Tequesta. I Section 9. Eff ective Date. This OrdinanGe shall take �effect immediately upon its passage and apgroval, as provided by � law. i THE FOREGOING ORDINANCE was off8red by Councilmember , who moved its adogtion. The Ordinance was seconded by Councilrnember . and upon being put to a vote, the vote was as follows: F ADOPTION AGAINST ADOPTION ( I � - - I i . � � ., , ;, �� ,� �� ,� ; i T2ie Mayor thereugon declared the Ordinance duly passed i and adopted this _. dap of __ . 1993. il MAYOR OF TEQUESTA �� �� ;� � I� Ron T. Macka i 1 ( i i ! I ATTEST: li Viilaqe Clerk ~ I I i I 0 � \ PALM BEACH COUNTI �\ r-- � � ;��- �, � � c-2 � �� M 1 � '� � ` 7 ' � C-2 . \d � C-2 0 � m \� � � a, 1, �o � a: • �� 11 " : C-2 ' \ �\ _. ; �� . ,. = s � � M–U �• °p . � �� . � s� 8 �� � _ t7 : s7 7 VILLA�f1E�9lVa— — � �'�� � ♦ � • �� s � � � . s� t� ts �� � � �, �� a � � s+ M—U � �: » �• � �� ! � �� � � � � �� � �� J � H�R . �� �. • i t I s� i�� i�s �t f� ' ' _ _ _ � � a �� � �� a >>t �� . �� � . � t i i �� ` M–U n 1 >> o •t f � �o �� p _....� �O� �o� � p �� � » � ru�cu `e• is'�o� `�w �or N C-2 �t ,. io• u �� �o• 00 u n �� �� AZALEA CHCLE /0� �P . toa �A �s �! •� �o •� � �� tot �s �� •� �• •T �• w� o M–U � c�u��u cnc�e ,00 y °., . /�. �� 9 % V�Z u •� �o �� r• tr i �r u /0 �� N •� � TI /t N � � ��� �� 4 �� � WATER� ����� r= 1a �� °� �� � /u�t r� �� �\ d �6 . ►�ee� •�• � • /� �;� �nn,� � � � i � , M'U o f• � » f �+�� .+� -'� b �►. ' . CORAI ¢ 7 j � � t0 •••���� � �� � / i � 1 �� � � ' �� _ � f � : !t = ! p �����■ �...lRIDO���ROAD�___...� t► W � �• = U > � ` .° �� > > �� � ^�w PEBELE < • 1A � o t Q � �/ � 3 y W , �� i , � DAIY ROAD � „ � � � �� s j t� � � �� � i � m < 1 ! 7 s �` I � ■ ^ /� �p , ,.�•,,. � •• —3. v` „�. ,„ .,.. . .. �, > >. � � . 2 �0 IENiM ROA t� t J � • t• A �� > w u < , u � ' t � • s G �• � u Gj � � u �� � u u to tt o�i w � • r • � — r