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Home My WebLink AboutDocumentation_Local Planning Agency_Tab 02_11/21/2013 ORDINANCE NO. 46-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM 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 FR4M 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 CHAPTER 78. ZONING. 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 maximum 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 PCD Planned Commercial Development codes to the four story height limit in the MU 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 78-180. Mixed Use District, by reducing the maximum permitted building height from six stories/84 feet to four stories/50 feet; providing that Section 78-180(d)(5) shall hereafter read as follows: Sec. 78-180. MU mixed-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 shall be four s� stories or 50 S4 feet above average finish grade. Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at 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; 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 shall apply to a11 planned residential developments: (2) Permitted building height. The allowable heights for buildings shall be four stories or 50 feet above avera�e finish �rade• but un to five stories or 70 feet above avera�e finish vrade if one full storv of under�round narkin� is nrovided > > � �-��. Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. VIII. Planned Commercia.l 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; providing that Section 78-225(2) shall hereafter re�d as follows: Sec. 78-255. General requirements and special regulations. The following general requirements and special regulations shall apply to a11 lanned commercial develonments ��=s: (2) Property development regulations. Tabie 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 following provisions: e. Building height. The permitted height for buildings in a PCD �„ *�t; „^ a��'��* shall nat exceed four s� stories or 50 84 feet, as is as allowed in the MU zoning district. However. as part of the site plan approval process r��TC�I-�;►��r-a-� �- a' *�'�, a petitioner may request an increase in building height from four stories or 50 feet, as is as allowed in the MCT C—� zoning district, and at the discretion of the village council, the building height for a PCD �r ° r �� a;�*-�;�+ may be increased to a maximum of five stories or 70 feet above the average finished grade in accordance with the provisions 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 consistent with the purpose and intent of this article. (2) The request supports and furthers the village's goals, objectives, and policies of a PCD as set forth in section 78-252, the design criteria of section 78-257, an� other standards set forth in this article, which include, but are not limited to, the limited development of certain commercial areas with a combination 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 minimum standards are exceeded. (4) The request clearly demonstrates the public benefits to be derived, including but not limited to, the use of desirable architectural, building, 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 development purposes, and which need is substantiated by objective studies, data, reports, and other documentary evidence. (6) The increase in height will be compatible with existing structures nearby and adjacent to, the development site, regarctless of whether the nearby properties are within the corporate limits of the village or are in unincorporated Palm Beach County. (7) The increase 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. (8) 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 enacted. Section 5: All Ordinances or parts of Ordinances in conflict herewith be and the same are 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 jurisdiction to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. Section 7: Specific authority is hereby granted to codify this Ordinance. Section 8: This Ordinance sha11 become effective immediately upon passage.