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Home My WebLink AboutDocumentation_Regular_Tab 22_11/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 46-13 11/ Consent Agen�da: No Resolution #: Originating Department: Council Request ___ ------_ _ _ _ __ --- -_._ -- ____ _ � �� .. . . - : -. . -..� ` ----- -- .� � _ -------- ORDINANCE 46-13. FIRST READING, AMENDING CHAPTER 78. ZO�fE'' _ `'� � DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTtON 78-180. MIXED USE DISTRICT, BY REDUCING THE NtAXIMUM PERMITTED BUILDING HEIGHT FRQM SIX STORIES/84 FEET TO FOUR STORIES/50 FEET; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES/84 FEET TO THE MAXIMUM HEIGHT PERMITTED IN THE C-2 ZONING DISTRICT; AND ALSO AMENDING AT ART. VIII. PLANNED COMMERCIAL DEVELOPMENTS, SECTION 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES/84 FEET TO FOUR STORIES/50 FEET IN THE MU ZONING DISTRICT � . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Appropriate Fund Balance: ' ' � ' •' .• � •- � • � .�- •. Requested by Council at October Regular Meeting __ _ -_-__ _ _ _ __.___ _ _ __ ___ _— - ,...� , 4 . _ , , - - ---- ___-------- ---------- De� � _ ._ - �bmitted by Lega� Finance Director Reviewed for Financial S icienc�y ❑ �l j;1 r �� ' ��! Si No Financial Impact `�-��r y ,� Attorney: {for legal sufficiency) Village Manager: �...,:- 1 � ��_�..�__,_._.__. Submit for Council Discussion: .�°' -_`—'" Approve Item: ❑ Deny Item: � � . - • • - . p +,^ __. _.. .._.. ..—., _._- --� i . . . . - . - . . _ . . . . . "a • • � I � . _ .. � ��;� � • � • • • ' • • � • . • 11 . � • T' �:: ` � _ . . _ . _ � . .._ I Form Amended: 7/12/12 ORDINANCE NCI. 46-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FL�RIDA, AMENDING CHAPTER 78. ZONING. A,RT. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION ?8-180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES/84 FEET TO FOUR STORIES/50 FEET; FURTHER AMENDING AR.T. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM SIX STORIES/84 FEET TO THE MAXIMUM HEIGHT PERMITTED IN THE C-2 ZONING DISTRICT; AND ALSO AMENDING AT ART. VXII. PLANNED COMMERCIAL DEVELOPMENTS, SECTiON 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERNIITTED BUILDING HEIGHT FROM SIX STORIES/84 FEET TO FOUR STORIES/50 FEET IN THE MU ZONING DISTRiCT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHA.PTER 78. ZONIP�TG. 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 Council desires to reduce m�imum height for structures in the MU Mixed Use Zoning District from six stories/84 feet to four stories/50 feet in order to bring the Village's zoning code into conformance with the existing and current state of development in the Village; and WHEREAS, the Village Council desires to conform both the PRD Planned Residential Development and P�D Planned Commercial Development codes to the four story height limit in the MCT Mixed Use Zoning District; and WHEREAS, the Village Council believes the code amendment contained in this ordinance will be in the best interests of the citizens of the Village of Tequesta. 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 Art. VI. Schedule of District Regulations, Division 2. Schedule of Use Regulations, Section 78-1$0. Mixed Use District, by reducing the maximum permitted building height from six stories184 feet to four stories/SQ feet; providing that Section 78-180(d)(5) sha11 hereafter read as follaws: Sec. 7$-180. MU mized-use district. (d) General requirements and special regulations. The following general requirements and special regulations sha11 apply to planned mixed-use development within the mixed-use district: (5) Building height. The maximum building height allowed sha11 be fo�u r sri� stories or 50 $4 feet above average fuush grade. Section 2: Chapter 78. �oning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. VII. Planned Residential Developments, Section 78-225. General Requi.rements and Special Regulations, by reducing the maximum permitted building height from six stories/84 feet to the maximu.m height permitted in the G2 zoning district; providing that Section 78-225(2) shall hereafter read as follows: Sec. 78-225. General requirements and special regulations. The following general requirements and special regulations sha11 apply to a11 planned residential developments: (2) Permitted building height. The a.11owable heights for buildings shall be four storie or 50 feet above avera�e finish grade• but u ta five stories or 70 feet above average finish �rade if one full storv of underaround narkin is nrovided ; > � e�---84-�ee�. Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at A.rt. VIII. Planned Commercial Developments, Section 78-255. General Requirements and Special Regulations, by reducing the maximum pernutted building height from six stories/84 feet to four stories/50 feet in the MU zoning district; providing that Section 78-225(2) sha11 hereafter read as follows: Sec. 78-255. General requirements and special regulations. T'he following general requirements and special reguiations shall apply to all p�anned commercial develonments �'�: (2) Property development regulations. Table inserts containing property development standards for the C-2 district at Sec. 78-143, and table inserts containing property development standards for the MU district at Sec. 78-180(m)(4) shall apply to all PCD development, with the additional fallowing provisions: e. Building height. The pernutted height for buildings in a PCD �„ *� �ex�g�s� shall not exceed fo�►r s� stories or � S4 feet, as is as allowed in the MLJ zoning distric� However. as part of the site plan approval process ��--a-'[�$-�ee°��-�� , a petitioner may request an increase in buildang height from four stories or 50 feet, as is as allowed in the M�T G-� zoning district, and at the discretion of the village council, the building height for a PCD ' ' ma� be increased to a maximum of five stories or 70 feet above the average finished grad.e in accordance with the pravisions of this paragraph. A request that the village council increase the building height to a height not to exceed five stories or 70 feet, as part of a site plan application, may be granted taking into consideration the criteria listed below: (1) The request is corasistent with the purpose and intent of this article. (2) The request supports and furthers the village's goals, objeetives, and policies of a PCD as set forth in section 78-252, the design 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 commercial areas with a combina.tion of appropriate commercial uses together with fee- simple, residential uses, which by virtue of the PCD, are uniquely compatible, harmonious, and mutually complimentary. (3) The request results from innovative design in which other minimza.m standards are exceeded. (4) The request cleariy demonstrates the public benefits to be derived, including but not limited to, the use of desirable azclutectural, buildang, and site design techniques. (5) The request is not based solely or predominantly on economic reasons, and the increased height is required for other legitimate develapment purposes, and which need is substantiated by abjective studies, data, reports, and other documentaiy evidence. (6) T'he increase in height will be compatible with existing structures nearby and adjacent to, the development site, regardless of whether the nearby properties are within the corpora.te limits of the vilYage or are in unincorpora.ted Palm Beach �ounty. (7) The inerease in height will be consistent with existing structures nearby and adjacent to, the development site, regardless of whether the nearby properties are within the � corporate limits of the village or are in unincorporated Pa1m Beach County. ($) The proximity of the PCD to any residential zoning district. (9) The request demonstrates that the increased height will be in harmony with the general purpose and intent of this article, and will not be injurious to the area involved, or otherwise detrimental to the public health, safety, and welfare. Section 4: Each and every other section and subsection of Chapter 78. Zoning. sha11 remain in full force and effect as previously ena.cted. Section S: A11 Ordinances or parts of Ordinances in conflict herewith be and the same axe hereby repealed. Section 6: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a Court of competent juxisdiction to be invalid, such decision sha11 not affect the validity of the remai.nder of this Ordinance. Section '7: Specific authority is hereby granted to coclify this Ordinance. Section 8: This Ordinance shall become effective immediately upon passage.