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Home My WebLink AboutDocumentation_Regular_Tab 08_02/13/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 6-14 2/13/14 Consent Agenda: No Resolution #: Originating Department: Legal ' �' • • • • - : - • • -�• ORDINANCE 6-14, FIRST READING, AMENDING CHAPTER 78. ZONING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 1. GENERALLY, SECTION 78-143. SCHEDULE OF SITE REQUIREMENTS, AND DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT AND SECTION 78-180. MIXED USE DISTRICT, BY REDUCING THE MAXIMUM PERMII BUILDING HEIGHT TO FOUR STORIES/50 FEET, AND ELIMINATING THE OPTION FOR A FIVE STORY BUILDING WITH UNDERGROUND PARKING; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET; AND ALSO AMENDING AT ART. VIII. PLANNED COMMERCIAL DEVELOPMENTS, SECTION 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAXIMUM PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET � , . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choose an Appropriate Fund Balance: �';:i;oose an i�� ` • � • .• • • � • .�- �. . -� . . Department Head Finance Director Reviewed for Financial Sufficiency ❑ No Financial Impact ❑ Attorney: (for legal sufficiency) Village Manager: Submit for Council Discussion: � Approve Item: ❑ Deny Item: � McWilliams, Lori From: Keith Davis [Keith@cwd-legal.com] Sent: Tuesday, February 04, 2014 4:39 PM To: Mc�lliams, Lori; Couao, Michael; Zacarias, Nilsa Cc: Brennan, Abby; Arena, Vince; D'ambra, Frank; Okun, Steve; Patemo, Tom Subject: Building Height MU C2 PCD PRD Attachments: Building Height MU C2 PCD PRD.docx Attached please find the building height ordinance which retains max height in C-2 and MU and PCD and PRD zones at 4 stories and 50 feet, and also eliminates the option of a 5 story building with underground parking. This required the ordinance, including the title, to undergo enough change that we need to go back to first reading this month. Nilsa, this will also have to be run through LPA prior to second reading. If we can, let's advertise for the February LPA (10 day ad). Keith W. Davis, Esquire �oot�� fY ics� fe d,s��!/arKa; .�� 1111 Hypoluzo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Faz: (561) 586-9611 Email: keith(a�cwd-le�al.com Incoming e-mafls are fiRered which may delay recefpt. This e-mail is personat to the named recipient{s) and may be privlleged and confidentlal. If you are not the intended recipient, you received this in error. If so, any review, dlssemination, or wpying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the origlnal message. 1 ORDINANCE NO. 6-14 AN ORDINANCE OF THE VII..LAGE COUNCII. OF THE VII..LAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. Vl. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 1. GENERALLY, SECTION 78-143. SCHEDULE OF SITE REQUIREMENTS, AND DIVISION 2. SCHEDULE OF USE REGULATIONS, SECTION 78-177. C- 2 COMMU1vITY COMMERCIAL DISTRICT AND SECTION 78-180. MIXED USE DISTRICT, BY REDUCING THE PERMITTED BUILDING HEIGHT TO FOUR STORIES/50 FEET, AND ELIlVIINATING THE OPTION FOR A FIVE STORY BUII.DING WITH UNDERGROUND PARHING; FLTRTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, SECTION 78-225. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE PERMITTED BUII,DING HEIGHT TO FOUR STORIES/50 FEET; AND ALSO AMENDING AT ART. VIII. PLANNED COMNNI�RCIAL DEVELOPMENTS, SECTION 78-255. GENERAI. REQUIItEMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAI�IMUM PERMITTED BIJILDING AEIGHT TO FOUR STORIES/50 FEET; 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 C-2 and MU Zoning District to four stories/50 feet, and to eliminate the option of a five story building with underground parking, in order to bri.ng 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 and G2 Zoni.ng Districts; and WI�REAS, 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. Page 1 of 12 NOW, THEREFORE, BE IT ORDAINED BY THE VII..LAGE COUNCII, 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 1. Generally. Section 78-143. Schedule of Site Requirements, by eliminating the option for a five (5) story building with underground parki.ng in the C-2 and PCD districts; providing that Section 78-143 shall hereafter read as follows: Sec. 78-143. Schedule of site requirements. The following schedule establishes the minimum property and buildi.ng regulations for development within the village: SCHEDULE OF SITE REQUIREMENTS Minimum Setbacks District Minimu Minim Mauim Front Side Yard Rear Maximu Minimu Minimu m Lot um Lot um Lot Yard Yard m m Living m Size Width Covera Building Area. Landsca ge Height Requirem ped ents Open Space R-lA 12,000 100 ft. 37% 25 ft. 10 ft. for 20 ft. 2 1,600 sq. 30% sq. ft. main for stories/3 ft. building main 0 ft. and buildin main accessory g or building building struciu or re structure 20 ft. for any corner 10 ft. 1 lot� for any story/15 access ft. for ory any buildin accessor g or y structu building or Page2of12 re structute R-1 8,000 75 ft. 37% 25 ft. 7 ft. for 20 ft. 2 1,200 sq. 30% sq. ft. main for stories/3 ft. building main 0 ft. and buildin main accessory g or building builda.ng structu or re structure 20 ft. for any corner 10 ft. 1 lot� for any story/15 access ft. for ory any buildin accessor g or y structu building re or structure R-2 8,000 80 ft. 37% 25 ft. 7 ft. for 20 ft. 2 1,100 sq. 30% sq. ft. main for stories/3 ft. for for a building main 0 ft. first 2 single- and buildin main bedrooms family accessory g or building plus 225 dwellin buildi.ng structu or sq. ft. for g re structure each 20 ft. for additiona 10,000 any corner 10 ft. 1 1 sq. ft. lot for any story/15 bedraom. for a 2- access ft. for family ory any dwellin buildin accessor g g or y structu building 10,000 or Page 3 of 12 sq. ft. re structure for first 2 multifa mily dwellin g units plus 3,356 sq. ft. for each addition a1 dwellin g unit not to exceed a maximu m density of 12 dwellin g units per gross acre R-3 10,000 80 ft. 35% 20 ft. 20 ft. plus 20 ft. 11 1,500 sq. 30% sq. ft. 2 ft. for plus 2 stories/1 ft. for for the 200 0 ft. for ea.ch ft. for O1 ft. first 2 first ft 3 an additional each measure bedrooms multifa accesso 10 ft. or additio d from , plus 225 mily ry portion nal 10 the sq. ft. for dwellin structur thereof ft. or average each g unit, e not over 50 ft. portion height of additiona plus exceedi in height thereof the crest 1 3,356 ng one of the over of the Page 4 of 12 sq. ft. story/1 main 50 ft. sand bedroom. for ea.ch 0 ft. in build.ing or in dune addition height structure. height line, for al used 10 ft. for of the main dwellin for the any ma.in building g unit to parki.ng accessory buildin or a of one-story g or struciure maximu vehicle building or structu east of m of 12 s only structure. re. 10 Beach dwellin (covere Plus 2 ft. ft. for Road, g units d for each any and per parking additional access measure acre. ) and story of ory d from provide the one- grade d that accessory story west of the building or buildin Beach design structure. g or Road. 2 of the structu stories/2 front of re. 0 ft. for the Plus 2 any covered ft. for accessor parki.ng each y structur additio building e nal or include story structure s fully of the . landsca access ped ory grade buildin and/or g or raised structu planters re. that provide a minimu m of 10 ft. of landsca P� Page 5 of 12 width along the full frontag e of the covered P�'�g structur e. C-1 7,500 75 ft. 40% 15 ft. None, 10 ft. 2 Not 25% sq. ft. except 10 from stories/3 applica.bl ft. at any propert 5 ft. e intersectin y line g street or 10 and if ft. contiguous from with any center noncomm of rear ercial alley if district applica ble C-2 7,500 75 ft. 40% 25 ft, 10 ft., 10 ft. 4 N/A 25% sq. $. except except 20 howev stories/5 4- and ft. at any er, 0 ft.� 5-story intersectin none �e-5 buildin g street where s�e�ie�s/� gs and where propert � require a property y abuts � an is railroa a�eu�e� additio contiguous d �e� nal 5 with any right- fi�-e�e feet for noncomm of-way � each ercial or spur e€ story district. track. � above See note 5 See � 50 ft. �g Page 6 of 12 See note 5 �s note 5 � PCD 3 N/A 40% 25 ft. 10 ft., 10 ft. 4 1,000 25% special contigu except except 20 howev stories/5 square exception ous 4- and ft. at any er, 0 ft. a� feet per uses in a G acres 5-story intersectin none �� residentia 2 zoning buildin g street where s�e�e�� 1 district gs and where propert 9�� dwelling require a property y abuts �ke unit an is railroa ";'� additio contiguous d � nal 5 ft. with any right- ��e for noncomm of-way � each ercial or spur �� story district. track. �� above See note 5 See � 50 ft. note 5 ^m� See � note 5 � , .�n �-�-? �a C-3 5,000 50 ft. 40% 15 ft. None, 10 ft. 3 Not 25% sq. ft. except 10 howev stories/4 applicabl ft. at any er, 0 ft. e intersectin none g street where and if propert contiguous y abuts with any railroa noncomm d ercial right- district of-way or spur Page 7 of 12 track Recreation/ Not Not Not 25 ft. � 10 ft. 20 ft. 2 Not Not Open Space applica applica applica except 20 stories/3 applicabl applicab ble ble ble ft. for any 0 ft. for e le corner lot main building or structure 1 story/ 15 ft. for accessor Y building or structure MU (See special general requirements, regulations, design principles, design objectives, and development standards that apply in this district as set forth at_Section 78-180.) � For properties fronting Country Club Drive, the front yard setback shall be measured from the roadway side of the I S-foot-wide special easements. In no event shall the building or structure be less than 25 feet from the edge of the roadway pavement of Country Club Drive. 2 For properties that are corner lots, where a side yard fronts Country Club Drive, the corner side yard setback shall be measured from the roadway side of the 15-foot side special easements. In no event shall the building or structure be less than 25 f'eet from the edge of the roadway pavement of Country Club Drive. ' Minimum buildable lot depth cannot include submerged lands, conservation easement areas, protected wetlands, mangrove stands or similar protected areas. Accessory structures, not exceeding one story/ten feet in height, may be constructed on lots with less than the minimum lot depth. See the definition for lot depth in section 78-4 for additional requirements. Page8of12 '' Each of these criteria shall be subject to the requirements, methodology and exemptions as set forth in the Florida Building Code when determining building height. 5 Example: Where minimum front yard requireme�t is 25 feet, an additional five feet per story is added for buildings greater than three stories in height, so that a five-story building shall have a minimum front yard of 35 feet. Minimum side yards and minimum rear yards shall be ad in like fashion. Note: For more specific requirements, see the supplemental district regulations in article IX of this chapter. Section 2: 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 78-177. G2 Community Commercial District, by eliminating the option for a five (5) story building with underground parking; providing that Section 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 adopted] (b) Permitted uses. [This paragraph shall remain in full force and effect as previously adopted] (c) Accessory uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph shall remain in full force and effect as previously adoptedJ (e) Prohibited uses and structures. [This paragraph shall remain in full force and effect as previously adopted] (f� Property development regulations (see also table inset in sc�c�ion 78-1-�3 (1) Building height. The allowable height for buildings in the C-2 zoning district shall be a maximum of four stories or 50 feet above the average finished grade; �a �; - �n � * �.,..,o ��6=�'-ia@ �r'ei�cr � �6Zr`v�s�'Bi'i�c�7r-�vzc°cc �C,��L°ci-ir�}�1-5�2�—qX;7F�1� L.o n I 1,�.. �v'-1 'i vii°v�uii-��A��-6i a "_'- �itt2��uv��fi'-c`H��.,,, ,..,«1�;,,« ,� �aa.l�.,c i�'�-r'r�3&.,� ;F ., D! � o .,1 c r � ,1' ��iC +- nc - pcc'rciviic ° i�irir`�TCquc ° ac „ 1,.,;1.1;,,,. l,v;,,l,+ ., ,�.,«r „� rL,o �;+o �,1�„ � ,�l „a �l,o .,;11�Ro ccir i ° ° � ..;1 ,V. ,..,..+ .,F+L.o �;ro ..1.,.. ., .�l o ♦L,o 1�,,;lrl;,�.. L,o;�.l�r .�f' � � 1, 1,l \ ' D!•Tl r ' !1 � � � vu'rrc�irr� '.r� � - rA- - c'r-irra7ci��-'c'm r-6� 9��rc2'� j3 �uuiirz6 _ _ �. (2) Setbacks. The minimum setback for principal and accessory structures in the C- 2 district shall be as follows: Page 9 of 12 Front yard setback: 25 feet, provided however, that four- and five-story buildings shall provide an additional five feet of setback for each story above 50 feet; Rear yard setback: Ten feet, provided however, thax no rear yard setback shall be required if the property abuts a railroad. right-of-way or spur tra.ck; Side yard setback: Ten feet except a 20-foot side yard setback shall be required at any intersecti.ng street and where a property is contiguous with any non-commercial zoning district. (3) Minimum site caYea, lot width, and coveYage Yequirements. The minimum site area sha11 not be less than 7,500 square feet. The minimum lot width shall not be less than 75 feet. The maximum lot coverage sha11 not exceed 40 percent. (4) Open space. The minimum percentage of landscaped open space is 25 percent. Section 3: 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 mized-use distric� (d) GeneYal pequirements and special regulations. The following general requirements and special regulations shall 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 �4 feet above average finish grade. Section 4: 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 zoni.ng 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 all planned residential developments: (2) PeYmitted building height. The allowable heights for buildings shall be four stories or 50 feet above avera�e finish grade ; � , Page 10 of 12 Section 5: Chapter 78. Zoni.ng. of the Code of Ordinances of the Village of Tequesta is hereby amended 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 MLJ zoning district; providing that Section 78-225(2} shall hereafter read as follows: Sec. 78-255. General requirements and special regulations. The following general requirements and special regulations shall apply to a11 �lanned commercial develonments ��: (2) Property development regulations. Table inserts conta.ining property deveiopment standards for the C-2 district at Sec. 78-143, and table inserts conta.ining property development standards for the MU district at Sec. 78-180(m)(4) shall apply to all PCD development, with the additional followi.ng provisions: e. Building height. The permitted height for buildings in a PCD � shall not exceed four s� stories or 50 �4 feet,� . �(�=we�� , �l..o �;+v ,.1.,.. � �� : ,.� �..o �+„ric�v--�@ t., e.,..eo,] �,.o �+,,,.:o� „� '7!1 �F o+ ....,,.t .,�F � �;+o „1�., �,...1;...�ti..,,_ ro,,.�.� l.o � � � e � > > e e � e ,ol.. ...,t;b.le 1,�....,.,,,;..,,� . �x.`l _ ....,,�-.,�li.� � � �u'"',� y • v > > • � Page 11 of 12 � ��°��ed–�-ebje��—a .�� .,a ,.+�,e,. , , , , �ea�£e� �'� ,.w+ ,.:�i �.e ;��e.,�� • Section 6: Each and every other section and subsection of Cha.pter 78. Zoning. shall remain in full force and effect as previously enacted. SecNon 7: All Ordinances or parts of Ordi.nances in conflict herewith be and the same are hereby repealed. Section 8: 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 9: Specific authority is hereby granted to codify this Ordi.nance. Section 10: This Ordinance shall become effective immediately upon passage. Page 12 of 12