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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_03/13/2014 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 PERMITTED 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: ��:!�oose an item ` • � • .� � � � • .�- . . -� . , 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: McWilliams, Lori; Couzzo, Michael; Zacarias, Nilsa Cc: Brennan, Abby; Arena, �nce; 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 �as�! �sl� a�a��awa . '�. � 1111 Hypoluzo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Faz: (561) 586-9611 Email: keith(u�cwd-le�al.com Incoming e-mails are filtered which may delay rece(pt. This e-mail is personal to the named recipient(s) and may be privlleged and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. 1 ORDINANCE NO. 6-14 AN ORDINANCE OF THE VII.,LAGE COUNCIL QF THE VII..LAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING. ART. VI. SCHEDULE OF DISTRICT REGULATIONS, DIVISION 1. GENERALLY, SECTION 78-143. SCHEDULE OF SITE REQUIItEMENTS, 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 PERNIII°I'ED BUILDING HEIGHT TO FOUR STORIES/50 FEET, AND ELIIVIINATING THE OPTION FOR A FIVE STORY BUII..DING WITH UNDERGROUND PARI�TG; FURTHER AMENDING ART. VII. PLANNED RESIDENTIAL DEVELOPMENTS, 5ECTION 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 COMMERCIAL DEVELOPMENTS, SECTION 78-255. GENERAL REQUIREMENTS AND SPECIAL REGULATIONS, BY REDUCING THE MAI�II1VlUM PERNIITTED BUII.DING HEIGHT TO FOUR STORIES/50 FEET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB- SECTION OF CHAPTER 78. ZONING. SAALL 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 Zoni.ng District to four stories/50 feet, and to eliminate the optioa of a five story building with underground parking, in order to bring the Village's zoning code into conforma.nce 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 MLT and C-2 Zoni.ng Districts; and VVHEREAS, 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, TAEREFORE, BE IT ORDAINED BY THE VII.LAGE COUNCII. OF THE VII.,LAGE 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. Generaliy. 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 building regulations for development withi.n the village: SCHEDULE OF SITE REQUIREMENTS Minimum Setbacks District Mini.mu Minim Ma�cim Front Side Yard Rear Maximu Minimu Minimu m Lot um Lot um Lot Yard Yazd 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 staries/3 ft. building m�in 0 ft. and buildin main accessory g or building building 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 or Page 2 of 12 re structure 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 ma.in accessory g or building building 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 buildi.ng re or structure R-2 8,000 80 ft. 37% 25 ft. 7%z ft. for 20 ft. 2 1,100 sq. 30% sq. ft. mai.n 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 bu.ilding structu or sq. ft. for g re structure each 20 ft. for ad.ditiona 10,000 any corner 10 ft. 1 1 sq. ft. lot for any story/15 bedroom. 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 ea.ch measure bedrooms multifa accesso 10 ft. or additio d from , plus 225 mily ry portion na1 10 the sq. ft. for dwellin structur thereof ft. or avera.ge 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 Page4of12 sq. ft. story/1 mai.n 50 ft. sand bedroom. for each 0 ft. in buildi.ng or in dune addition height structure. height li.ne, for al used 10 ft. for of the ma.in dwellin for the any mai.n building g unit to parking accessory buildin or a of one-story g or structure maximu vehicle building or structu east of m of 12 s only structure. re. 10 Bea.ch 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 buildan Bea.ch 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 parking each y structur a.dditio building e na1 or include story structure s fully of the . la.ndsca access ped ory grade buildin and/or g or raised shvctu planters re. tha.t provide a minimu m of 10 ft. of landsca P� Page 5 of 12 width along the full fronta.g e of the covered Paz'�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 applicabl 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. ft. except except 20 howev stories/5 4- and ft. at any er, 0 ft.-;—�g 5-story intersectin none � buildin g street where s�e�iesl� gs and where propert 9� require a property y abuts be an is railroa e�e�e� additio contiguous d � na15 with any right- fi�a�-eae feet for noncomm of-way � each ercial or spur e� story district. irack. �erg�e above See note 5 See � 50 ft. �g Page 6 of 12 See note 5 � 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. � feet per uses in a C- acres 5-story intersectin none �e-� residentia 2 zoning buildin g street where � 1 district gs and where propert 8� dwelling require a property y abuts t�e unit an is railroa �age additio contiguous d c-e�'$ na15 ft. with any right- �e�ie for noncomm of-way � each ercial or spur � story district. track. es� above See note 5 See fi�e 50 ft. note 5 � See �e�e� note 5 � �°"� �� 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 raikoa 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 frontang 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 struchae be less than 25 feet from the edge of the roadway pavement of Country Club Drive. Z For properties that are corner lots, where a side yard fronts Country Club Drive, the comer side yard setback shall be masured from the roadway side of the 15-foot side special easements. In no event shall the building or structure be less than 25 feet from the edge of the roadway pavement of Couniry Club Drive. 3 Minimum buildable lot depth cannot include submerged lands, conservation e�sement azeas, protected wetlands, mangrove stands or similar protected areas. Accessory s�tructures, not exceeding one story/ten feet in height, may be constructed on lots with less than the minimum lot depth. See the de�nition for lot depth in section 78-4 for additional requirements. Page S of 12 4 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 yazd requirement 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 adjusted 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. C-2 Community Commercial District, by eliminating the option for a five (5) story buildi.ng with underground parking; providing that Section 78-177(� shall hereafter read. as follows: Sec. 78-177. C-2 Commnnity commercial districk (a) Purpose. [This paragraph shall remain in full force and effect as previously ad.opted] (b) Permitted uses. [This paragraph shall remain in full force and effect as previously adopted] (c) AccessoYy uses. [This paragraph shall remain in full force and effect as previously adopted] (d) Special exception uses. [This paragraph sha11 remain in full force and effect as previously adopted] (e) Prohibited uses and structures. [This paragraph sha11 remai.n in full force and effect as previously adopted] (� Property development regudations (see also table inset in section 78-143 (1) Building height. The allowable height for buildi.ngs in the C-2 zoning district shall be a maximum of four stories or 50 feet above the average finished grade; � , , r„�.�o,.+;,.,, �Q � cci�� (2) Setbacks. The minimum setback for pri.ncipal 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, that no rear yard setback sha11 be required if the property abuts a railroad. right-of-way or spur track; Side yard setback: Ten feet except a 20-foot side yazd setback shall be required at any intersecting street and where a property is contiguous with any non-commercial zoning district. (3) Minimum site area, lot width, and covepage Yequirements. The minimum site area sha11 not be less than 7,500 square feet. The minimu.m lot width sha11 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: Cha.pter 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 maximu.m permitted building height from six stories/84 feet to four stories/50 feet; providi.ng tha.t Section 78-180(d)(5) sha11 hereafter read as follows: Sec. 78-180. MU mized-use distric� (d) Gene�al 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 buildi.ng 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 s� 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 sha11 apply to all planned residential developments: (2) PeYrraitted building height. The allowable heights for buildings shaU be four stories or SO feet above avera�e finish Qrade � , � Page 10 of 12 Section 5: Cha.pter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Art. VIII. Planned Commercial Developmeats, Section 78-255. General Requirements and Special Regulations, by reducing the maxi.mum 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 read as follows: Sec. 78-255. General requirements and special regulations. The following geaeral requirements and special regulations shall apply to a11 �lanned commercial develonments �s: (2) Propepty development regulations. Table inserts conta.in.i.ng property development standards for the C-2 district at Sec. 78-143, and table inserts containi.ng 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 �� sha11 not exceed four s� stories or 50 �4 feet,—as-�s—as . �����t—e€�� � o e.i + .,� �.,o ��6i�-6?��i�@v�m@--��x°viug°v � L7\ �-tm�Yei�'a-- m' ,;ll.,..o�� 6,�� � e e e � e v e e � �i,�1�, � ,,.a ,z,�,t,,�17�,_ q� � � �� > > e � • .,a +�.o • �,� y �.+ • a � ,.+t,o,. �� �SG'GT�C�'YY .�'IIrTJ Page 11 of 12 � � � > > �e��s� > > ���a�-Gs�� , � � • Section 6: Each and every other section and subsection of Cha.pter 78. Zoning. sha11 remain in full force and effect as previously enacted. SecNon 7: All Ordinances or parts of Ordinances in conflict herewith be and the sa�me are hereby repealed. Section 8: Should any Section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declazed by a Court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section 9: Specific authority is hereby granted to codify this Ordinance. Section 10: This Ordinance shall become effective immediately upon passage. Page 12 of 12