HomeMy WebLinkAboutOrdinance_605_05/18/2006ORDINANCE N0.605
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES, CHAPTER 78, ARTICLE I, SECTION 78-4, ENTITLED
"DEFINITIONS;" AMENDING CHAPTER 78, ARTICLE VI, DIVISION 2,
SECTION 78-143, ENTITLED "SCHEDULE OF SITE REQUIREMENTS;"
AMENDING CHAPTER 78, ARTICLE VI, DIVISION 2, SECTION ?8-177,
ENTITLED "C-2 COMMUNITY COMMERCIAL DISTRICT;" AMENDING
CHAPTER 78, ARTICLE VIII, PLANNED COMMERCIAL DEVELOPMENTS;
AMENDING CHAPTER 78, ARTICLE VIII, SECTION 78-251 ENTITLED
"PURPOSE AND INTENT;" AMENDING SECTION 78-252 ENTITLED
"APPLICABILITY OF LAND DEVELOPMENT REGULATIONS TO
PLANNED COMMERCIAL DEVELOPMENTS;" AMENDING SECTION 78-
253 ENTITLED "CONFLICTS WITH OTHER REGULATIONS;" AMENDING
SECTION 78-254 ENTITLED "SPECIAL DEFINITIONS;" AMENDING
SECTION 78-255 ENTITLED "GENERAL REQUIREMENTS AND SPECIAL
REGULATIONS;" AMENDING SECTION 78-256 ENTITLED "PROPERTY
DEVELOPMENT REGULATIONS"; AMENDING SECTION 78-257,
ENTITLED "DESIGN CRITERIA;"AMENDING CHAPTER 78, ARTICLE IX,
SECTION 78-282 ENTITLED "STRUCTURES THAT MAY BE EXEMPT
FROM HEIGHT LIMITATIONS;" CREATING NEW CODE SECTION 78-303
TO BE ENTITLED "VISIBILITY TRIANGLES;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEAL OF LAWS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Village of Tequesta, Florida ("Village") is a duly constituted
having such power and authority conferred upon it by the Florida Constitution
166, Florida Statutes; and
WHEREAS, the Village Council has adopted general provisions pertaining to
and land development regulations, which have been codified at Chapter 78, in
Code of Ordinances ("Zoning Code"); and
WHEREAS, before and at least since early 2005, the Vllage staff has been
sting anon-going review, study, and analysis of the coded provisions of the Village
i Code of Ordinances, in order to determine which provisions of the Village's Code
clamcation, amendment, repeal, modification, or revision; and
WHEREAS, Village staff has identified several provisions of the Zoning Code which
requi amendment in order to, among other things, clarify certain regulations, correct
and provide additional regulations to reflect the legislative intent of the
ng body of the Village as presently contained in the Village's Zoning Code; and
WHEREAS, at a duly noticed public meeting held on September 15, 2005, the
Village Council declared "Zoning-in-Progress," and directed Village staff to bring forward
an ordinance amending various provisions regulating land development in the C-2 zoning
distri~, and the Planned Commercial Development ("PCD"), which is a special exception
use Flowed in the C-2 zoning district, subject to the requirements of the Zoning Code,
Chapter 78, Article IX, Division 3, and
~ ~ WHEREAS, Village staff has recommended to the Village Council that
Secti ns 78-4, 78-143, 78-177, 78-251, 78-252, 78-253, 78-254, 78-255, 78-256, 78-257,
and -282 be amended, and that new Section 78-303 of Chapter 78, be created, among
to eliminate unnecessary provisions, and to revise other provisions in order to
clarif~-~ the legislative intent, and to provide requirements which are consistent with other
Village Zoning Code provisions; and
WHEREAS, the Village Council has reviewed the recommendations of the
staff and has determined that amending Sections 78-4, 78-143, 78-177, 78-
251, ~8-252, 78-253, 78-254, 78-255, 78-256, 78-257, 78-282, and creating new Section
of the Village's Code of Ordinances is necessary to further the public's health,
and welfare.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF T~QUESTA, FLORIDA:
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Section 1. The whereas clauses are hereby incorporated in this Ordinance, as
correct as the findings of fact and conclusions of law of the Village Council.
Section Z. Chapter 78, Article I, Section 78-4 entitled "Definitions" of the Code of
of the Village of Tequesta is hereby amended to read as follows:
Sec. 78-4 Definitions.
Basement means a story situated under a building, the ceiling of which is entirely
below natural grade or less than four feet six inches above grade. The basement is
not considered a part of any living area and shall not be used as living area.
#~ewe~Any portion of a basement that is below natural grade shall not be
considered as part of the overall building height/storv: however, that portion of any
basement which exceeds natural grade shall be used in calculating the overall
building height.
Building, height of, means the vertical distance measured from the exis#ing average
elevation of the highest adiacent grade, at the base of the building to the highest
oint of the buildin or roof. ,
Height shall be measured to the highest point of the following
(1) the coping of a flat roof;
(2) the average height level between the eaves and roof ridge or peak with
Gable, hia. or gambrel roofs:
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(3) deck lines on a mansard roof:
(4) for a roof with equipment which exceeds more than four (4') feet above the
highest point of the roof. Stairways, elevator penthouses, and accessory
operating equipment enclosed within the roofline are excluded, as are screens to
conceal facilities on the roof provided that the screen is not under roof and is
less than 10 feet in height.
Highest adjacent grade means the highest natural elevation of the ground surface,
prior to construction, next to the proposed walls of a structure, if the finished grade
is level. If the finished grade is not entirely level, the grade shall be determined by
averaging the elevation of the ground at each face of the building or as otherwise
determined by the building official.
Story means that portion of a building included between the upper surface of any
floor and the upper surface of the floor or roof next above, or if there is no floor
above it, the space between the floor and the ceiling above it. e~ceept-#~ia#--tqe
Turret shall mean a little tower.
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Section 3. Chapter 78, Article VI, Section 78-143, of the Code of Ordinances of
• the lage of Tequesta, entitled "Schedule of site requirements" is hereby amended to
read >~Is follows:
Sec. 78-143. Schedule of site requirements.
The i~llowing schedule establishes the minimum property and building regulations for
within the village:
LE OF SITE REQUIREMENTS
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TABIIE INSET:
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t Min.
Min. Site Min. Max. Lot Front Yard Side Yard Rear Yard Maximum bldg Min. living landsca
s
c Area Lot Coverage setback Setback Setback height area Open
width requirements
space
10 ft. stories/50ft:
10 ft.
except 20 owever to 5
xcept 4 , ,
d at any one tories/70 ft.
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5-sto
ry
ntersecting ere a be
uildings
e uire an treat and where roperty Ilowed
-2 ,500 sq. 5 ft. dditi
l5 property is buts rovided that N/A
0'/o ona
f ntiguous with ilroad ne full sto 5%
eat
or
ach story ny 'ght-of- f
h oncommercial y or nder r and
ove 350 istrict. See note pur track arkin is
See
- ee note 5 rovided.
ote 5
stories/
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5 ft 10 ft. exce t 20 rn nd u to 5
xce t 4 at an nrever tories/70 ft. in
PCD s 'al nd 5-sto ntersectin °ne he villa
ere ' 1000 uare
t uildin s treat and where uncil
s
xce n uses three (~ roe eat r
n a C Zonin nti uous N/A o/, a uire an ro is buts
~ iscreti n in sidential 5%
istrict
ores dditio 15
t f nti uous with .
~Iroad cxordance
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ellin unit
ee
or n ht-of- h the criteria
ach sto oncommercial rovided in
hove 50ft istrict
See note a or action 7&
. . ur track
See note 5 55.
e note 5
Section 4. Chapter 78, Article VI, Section 78-177, entitled "C-2 community
comrl~ercial district" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
• ameri~ied to read as follows:
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articl Sec. 78-177. C-2 community commercial district
(d) Special exception uses. Special exception uses inthe C-2 district are as
(3) Planned commercial development "PCD" (subject to the provisions of
VIII of this chapter.)
(fl Property development regulations (see also table inset in section 78-143):
1. Building height. The allowable height for buildings in the C-2 zoning district
shall e a maximum of four 4 stories or fi 50' feet above the avers a finished rade'
rovi d however that a buildin hei ht of u to five stories or seven 70' feet above the
aver a finished rade ma be allowed if one full sto of under round/subterranean
arki is rovided. In addition if a PCD s ecial exce tion use is a roved in the C-2
zoni district a etitioner ma re uest an increase in buildin hei ht as art of the site
Ian royal and the villa a council ma as art of the site Ian a royal increase the
build' hei ht of a buildin s in a PCD to a maximum of five 5 stories or seven 70
feet ursuant to Section 78-255 2 .
2. Setbacks. The minimum setback for principal and accessory structures in the
C-2 strict shall be as follows: front and setback. twen -five feet 25' rovided
how er that four and five sto buildin s shall rovide an additional five feet 5' of
setb k for each sto above fi 50 feet• rear arcl setback: ten feet 10' rovided
how er that no rear and setback shall be re wired if the roe abuts a railroad ri ht-of-
wa s ur track' side and setback: ten feet 10' exce t a twen foot 20' side and
setb k shall be re wired at an intersectin street and where a ro is Conti wows
with non-commercial zonin district.
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3. Minimum site area, lot width, and coverage -~eauinements. The minimum site
area all not be less than 7 500 s uare feet. The minimum lot width shall not be less than
75 fe 75' .The maximum lot covers a shall not exceed fo ercent 40% .
4. Open space. The minimum percentage of landscaped open space is twenty-
five rcent 25% .
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ame Section 5. Chapter 78, Article VI11, entitled "PLANNED COMMERCIAL
PMENTS (PCD)" of the Code of Ordinances of the Village of Tequesta, Florida
ctions 78-252, 78-252, 78-253, 78-254, 78-255, 78-256 and 78-257, are hereby
ed to read as follows:
VIII. PLANNED COMMERCIAL DEVELOPMENTS (PCD)
Sec. 78-251. Purpose and intent.
The purpose and intent of this article. is to permit and facilitate the limited
deve ment of certain commercial areas with a combination of a ro riate commercial
uses ether with fee-sim le residential uses which b virtue of the lanne commercial
deve ment "PCD" are uni uel com atible harmonious and mutual) com limenta
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with 'scent develo ment and the communi as a whole. Exam les of a ro riate
com rcial uses for a PCD include but are not limited to business services and offices
rofe Tonal services ersonal services restaurants health and fitness centers and small-
scale ecial retail sales and services. Consideration should be iven as to whether a
ro ed commercial use which ma otherwise be a ermitted commercial use in the C-2
zoni district would be incom atible ins ro riate and an unsuitable use when 'oined
with sidential uses. Onl commercial uses which are ermitted b ri ht in the C-2
zoni district are allowed within a PCD.
Commercial uses which are blended with residential uses in a PCD are intended to
serv he residents of the entire villa a and not 'ust the residents of the PCD. Commercial
uses ithin a PCD must be o en to the eneral ublic and shall not be limited to use onl
b t residents of the PCD. The ro osed commercial uses for the PCD must be
ident Ted b the time the s ecial exce tion r uest is reviewed b villa a council and at
#hat t e the etitioner must rovide the villa a council with details concemin the hours of
o er ion of each commercial use the estimated s uare foots a of each commercial use
the timated number of em to ees for each commercial use the estimated number of
cons mers or users of each commercial use the amount of arkin to be dedicated to
em I ees and users of the commercial uses and an other additional information that the
villa council ma reasonabl r uire in their review of the s ecial exce tion re nest for
a r al of a PCD use.
The design and architecture of the PCD shall result in a cohesive innovative
stru re with architectural si nificance reservin existin trees and other natural
feat son the site and Tote ratio o en s aces and common areas. The use of o en
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s a s wares lazas assive arks cow ards I ias colonnades walkwa s
fount ns connections between buildin s common areas edestrian linka es recreational
area nd other ublic s aces where eo le ma con re ate social) and recreational) is
enco a ed.
PCD's shall be designed to promote unimpeded pedestrian circulation and reduce
then tuber and len th of vehicular tri s. The buildin s shall be strate icall laced to
allow sidents and consumers to circulate and access their destinations without havin to
retur to their vehicles to reach each destination within the PCD.
Sec. 78-252. Applicability of land development regulations to planned
com ercial developments.
Although planned commercial developments produced in compliance with the
provi ons and requirements in this article and other regulations as set forth and defined in
this apter may, except for dwelling unit density regulations, depart from the strict
appli tion of property development regulations for the district in which the planned
com rcial development is proposed to be located, such developments are to be in
com ante with the village's comprehensive development plan, and platted of record in
acco ante with the procedures for approval of subdivision plats in chapter 66.
Sec. 78-253. Conflicts with other regulations.
Where conflicts exist between the special planned commercial development
~egul tions in this article and general zoning, subdivision, and other applicable ordinance
xovi ons, the special regulations in this article shall apply.
Sec. 78-254. Special definitions.
The following words, terms and phrases, when used in this article, shall have the
nea ngs ascribed to them in this section, except where the context clearly indicates a
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differ t meaning. All definitions appearing in section 78-4, shall be applicable to this
articl except to the extent of inconsistency with any special definitions contained in this
Planned commercial development (PCD) means a contiguous tract of land which
s as aself-contained and readily identifiable development which accommodates a
of predetermined commercial and residential uses and/or mix of such uses in well-
planr j~d development. An increased use of open space and common areas is encouraged
to co~plement the overall development. Flexibility of site design allows for deviation from
site development regulations of the zoning district in which the development is
PCDs not only allow for combining various building types and uses, but also allow
for c~~npatible mixed use within buildings and structures through an approved architectural
style he entire land area of a PCD must be is under unity of title, and be planned and
• desi ed to be developed in a single operation or by a series of prescheduled development
according to an officially approved master site plan which is subject to the site plan
process.
Sec. 78-255. General requirements and special regulations. The following
requirements and special regulations shall apply to all PCD's
(1) Location. As set forth in the schedule of use regulations in article VI, division 2
of this chapter, a PCD is permitted only as a
special exception in the C-2 zoning district.
(2) Properhr development regulations (see also table
inset in section 78-143):
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a. Setbacks. The minimum setback for principal and accessory
structures in the C-2 district shall be as follows front yarol setback twenty-
five feet (25'), except four and five story buildings shall provide an additional
five feet (5') of setback for each story above fifty_~50') feefi rear va-r~
setback: ten feet (10'), provided however that no rear yard setback shall be
required if the property abuts a railroad right-of-way or spur track side yarn
setback: ten feet (10') except a twenty foot (20') side yard setback shall be
required at anv intersecting street and where a property is contiguous with
anv non-commercial zoning district. Notwithstanding the foregoing
requirements, if anv side or rear yard abuts residential the village council
may increase the required rear or side yard set-back by up to an additional
ten (10) feet.
b. Minimum site area rcentage of use No site shall qualify for a PCD
unless the development consists of a contiguous area of at least three (3)
acres. Neither the overall commercial or the overall residential land use shall
occupy more than sixty percent (60%) of the PCD
c. Maximum lot coverage and minimum living area requirements The
maximum lot coverage shall not exceed forty percent (40%) The minimum
living area requirement for anv residential unit in a PCD shall not be less than
1,000 square foot per unit.
d. Oven space. The minimum percentage of landscaped open space in
any PCD is twenty-five percent (25%) of the PCD
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e. Building height. The permitted height aRewable~ei~ts for buildings in a
• PCD shall not exceed lae four (4) stories
or fifty (50') feet, as is same as allowed pfevided#eF in the C-2 zoning district.
However, as part of the site plan approval process, a petitioner may request
an increase in building height in accordance with the provisions of this
paragraph, and at the discretion of the village council, the building heights for
a PCD may be increased to a maximum of 'five
(5) stories or seventy (70') feet above the average finished grade. A request
that the village council increase the building height to a height not to exceed
five (5) stories or seventy (70') feet, as part of a site plan application, maybe
granted taking into consideration the criteria listed below:
(1) The request is consistent with the purpose and intent of this
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(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, and 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.
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_(4) The reauest 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 regardless of whether
the nearby properties are within the comorate limits of the villa a 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 comorate limits of the village or
are in unincorporated Palm 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 pumose and intent of this article and will
not be injurious to the area involved or otherwise detrimental to the
public health, safety and welfare
(3) Residential areas to be subject to a declaration of covenants and restrictions
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decl tion of covenants and restrictions formed and created in accordance with Florida
law b a communi association for the u ose of re ulatin controllin and maintainin
the r idential com onent of the PCD. Eve erson or enti u on a uisition of fee
sim I title of an unit shall automaticall become a member of the communi
ass ation. Membershi shall be a urtenant to and ma not be transferred or se arated
from he ownershi of an unit which is sub'ect to the declaration of covenants and
restri ions. All residential units in the PCD shall be sub'ect to fee sim le ownershi and
the vernin documents shall rohibit the use of roe sub'ect to the declaration of
cove nts and restrictions from bein used as a time share roomin house hotel or motel
a a ent com lex or from bein rented for a time riod less than six 6 months. The
ro d declaration of covenants and restrictions shall be sub'ect to the review and
a r al as to com liance with this section b the villa a attorne rior to the safe or
conv ance of an residential unit b the develo er.
4 Parkin ara es. Parkin ara es or ortions of arkin ara es which are
abov natura rade shall be counted as a sto for u oses of measurin overall buildin
hei .Subterranean arkin ara es and/or stora a area which are below natural rade
shall of be used in calculatin overall buildin hei ht in the same manner as rovided in
the finition of basement. See section 78-4. Subterranean arkin ara es and/or
stora a areas shall not exceed the foo rint of the rinci al structure. The declaration of
cove nts and restrictions for the communi association which will overn the residential
orti of the PCD shall contain a schedule of the residential dwellin units b unit number
and I al descri tion to ether with the arkin numbers location s and al descri lion
of th arkin s ace s to be ass' red and conve ed with the initial sale of each dwellin
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(5) Building use. The sidewalk level story (first story) of any building in a PCD
if anv. within anv buildina i
Unity of title. All land included for purpose of development within a PCD
ersial-develey shall be held by the property owner of record under unify
• of titl
that property owner pet+tieae~be is an individual, partnership or corporation, or a
grou~l of individuals, partnerships or corporations. The pet~tieAeF property owner or the
must present written €~ evidence of the unity of title of the entire area
the proposed PCD and must arovide a written
. that, if the owner #~e proceeds with
the
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PCD develepflae~, the owner lae will:
a. Do so in accord with the officially approved master site plan of the
development, and such other conditions or modifications as may be attached to the
special exception approval.
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b. Provide agreements, covenants, contracts, deed restrictions, or sureties
acceptable to the village #ef to guarantee the completion of the undertaking in
accordance with the approved master site plan, as well improvement bonds and
other similar documents providing for the continuing operation and maintenance of
such areas, functions, and facilities which as are not to be provided, operated, or
maintained at general public expense by the village or another entity with
jurisdiction.
c. Bind the property owner's ~-is development successors in title and assignees.
to any commitments made under subsections (5) {4~a and b of this section.
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~ ~) g e. Any tract of land for which
an application for PCD approval is requested, a shall contain suff~ient
and frontage on a publicly dedicated arterial or major street, or appropriate
thereto in order to adequately accommodate its proposed use and design of the
~.{6} Permitted uses. Permitted uses are as follows:
a. Residenfial uses.
1. If residential dwelNnas are to be constructed as part of a cornmerrial
building in a PCD, the resicddential dwellings shah be located only within,. ar_as
an integral part of the main buildings
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~. 2 Any fee simple use within the R-2 and R-3 zoning districts which are
listed in the schedule of use regulations in article VI, division 2 of this chapter
as a permitted use.
3. Adult congregate living facilities.
b. Commercial uses.
1. Retail sales and service.
2. Business service.
3. Professional service.
4. Personal service.
5. Restaurant, bakery.
6. Theatre.
7. Health and fitness facility
8. Other similar low-intensity commercial uses which the village council
determines are uniquely appropriate and compatible with the other proposed
commercial uses for the PCD, the proposed residential uses, and the
existing surrounding uses, may be permitted after considering the public
demand for the proposed use, the public benefit to be derived from the
proposed use, and whether the proposed use will be injurious to the area
invohred, or otherwise detrimental to the public health, safety, and welfare:
and the size. density operating hours, traffic impacts of the proposed use.
c. Recreational uses.
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Any use within the R/OP zoning district which is listed as a permitted use,
accessory use or special exception.
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{~} Conceptual and site plan review.
a. All applications for the development of a PCD as a special exception use in a
C-2 zoning district are subject tv conceptual plan review as provided for in article IX
divisions 2 and 3 of this chapter In formulating a conceptual plan for a proposed
PCD, the special exception petitioner shall strictly comply with the requirements of
section 78-368, and at a minimum the conceptual plan shall address items 1
though 16 of section 78-368(b) of this article. In addition the site plan application
content and process by which a PCD shall be
reviewed and acted upon by the village council, shall be the same as those provided
#or in article IX, division 2 of this chapter, #og_ether with the applicable portions of this.
article if additional building height is requested.
(10Z ¢~} Platting. Each plat for a PCD shall be
pliance with the provisions of F.S. chapter 177.
~9} Development phasing cont~/s. Should a PCD
constructed in phases, in addition to the requirements of article IX, division
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2 of t~is chapter, the following sequence must be adhered to:
a. If a residential land area is planned as part of a PCD, it shall not be platted
without the platting of any commercial land area
b. If residential dwellings are to be constructed as part of a commensal building
in a PCD, the residential dwellings shaA be located only within, or as an integral part
of the main buildings; however, the residential dwellings shall not be issued a
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certificate of occupancy prior to issuance of a certificate of occupancy for the
commercial occupancy of the main buildings.
Architectural theme. Alt The initial development of a PCD
or any subsequent phase thereof, shall follow a common architectural theme
the entire development. The petitioner must provide a description and
The theme shall be established during the conceptual site plan review
and then maintained through the development process.
13 Totat residential dwelling unit dens" semi8utatieFr. For the purse of this
artic if dwelling units are to be developed as part of a PCD
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• ,regardless of whether the PCD is developed in phases or not, the total
num r of dwelling units permitted in the PCD, shall be computed on the basis of eighteen
(18) elling units per gross acre of that portion of the PCD which is platted as commercial
and r sidential area.
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(14) Required public facilities and services. No building permits or development
shall be issued unless public facilities and services which meet or exceed the
adopted level of service standards, are available concurrent with the development
impa s. Compliance with this requirement may be accomplished through one or more of
• the f owing processes:
a. Install all required public facilitiesrnfrastructure/services priorto orconcurrent
with the development impacts.
b. Phasing of all required public facilities/infrastructure/services:
1. By local government (capital improvements element).
2. By the developer (development agreements).
c. Phasing of the development.
Sec. 78-256. Pegs; PCD desis~n standards;
fequlatieAS Design standards for PCD's
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are as follows:
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Ian (1) Waivers.-~4~ptisabiHf,~ eaeeli~sa~ieAS. As a basis for the preparation of a
an application for special exception approval. conceptual
royal site Ian a royal, or any future modifications #heFee~thereto. which may
occu ubsequent to the initial review and PCD approval
the development of the PCD shall
beg
of se ,
ed by the regulations contained in this section, together aleAg with the requirements
ions 78-255 and 78-257. ,
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site p
re ui .
owever, as part of the
n review and approval process, qe-village, the village council may waive flaedi#y
regulations for the PCD set forth in this article. except for building height
ments dens' r uirements re uirements associated with concurrenc
man ement and r uirements for the reservation of environmental) sensitive lands
provi
of th d that the spirit and intent of this chapter are complied with in the total development
PCD, and community benefits such as architectural design pedestrian amenities
res ation of environmental) sensitive lands rovision of ublic arks and o ens ace
or m ed uses result in reduced im acts on villa a services are demonstrated. For
u es hereof a waiver is defined as a reduction in a develo ment standard or other
land veto ment r uirement normal) r wired b this article.
t2) Waiveryrr~cedur+e. The grant of a waiver ftom the requirements applicable to a
PCD hall be made b the villa a council followin an adviso recommendation b the
villa tannin and zonin board. All r nests for waivers must be submitted in writin
and man a develo meet order a licati n for the PCD. A request for the village
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(1) The request is consistent with the viNage's comprehensive plan
(2) The request is consistent with the purpose and intent of this article
(3) 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, and other standards set forth in this article which include but are
not limited to. pedestrian amenities increased open spaces architectural
significance, and 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 planned combined- use development
are uniquely compatible. harmonious and mutually complimentary
• 4 The rantin of the r uest wilt not result in a develo ment that
exceeds one or more of the minimum requirements for a PCD
(5) The request results from innovative design in which other minimum
standards are exceeded.
(6) 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.
(7) Sufficient screening and buffering if required are provided to screen
adjacent uses from adverse impacts caused by the request
(8) The request is not based solely or predominantly on economic reasons
and there are special circumstances and cond+tions that warrant the waiver
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(9) The request will be compatible with existing and potential land uses
adjacent to the development site.
(10) The reauest demonstrates that the granting of the waiver will result in
the preservation of valuable natural resources including environmentally
sensitive lands, drainage and recharge areas, and coastal areas.
(11) The request demonstrates that the development will be in harmony
with the general purpose and intent of this article, and will not be incurious to
the area involved. or otherwise detrimental to the public health, safety and
welfare.
The village council may, at its discretion, require adherence to established
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zoning district requirements within certain portions of the site, if deemed necessary
in order to maintain the spirit and intent of this article. sk~apteF #-dweNiA~e
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E4} ~ Commeccaa/ and -~esidential design regulations.
a. Off-street parking. Minimum off street parking and loading
'requirements determined by the specific commercial or residential use.
b. Enclosed uses. All commercial uses shall be operated entirely within
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enclosed buildings except for the following uses: sidewalk cafe and drive-in, drive-
through, or walk-up service window facilities, i.e., laundry, dry cleaning, and banking
facilities.
c. Operating hours. No commercial use shall commence business
activities (including delivery and stocking operations) prior to 8:00 6:AA a.m.
or continue activities later than 11:00 p.m. except as otherwise provided in
this chapter or by the village council as part of the +~-approval process.
d. Lighting. Art~cial lighting used to illuminate the premises and/or
advertising copy shall be directed away from adjacent properties and shall be
extinguished no later than 11:00 p.m.
e. Outdoor storage. Outdoor storage facilities are prohibited in a PCD
No outdoor storage of merchandise shall be permitted. Outdoor storage of
boats, trucks, trailers, and recreational vehicles and other similar items that
normally cannot be parked or stored at a residence is arohibited
f. Access. Access to commercial facilities shall be from an arterial or
collector road which is part of the interior circulation system within the PCD
site. No
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commercial facility shall maintain frontage direct view or physical access on
or from any local or neighborhood roads A thoroughfare plan indicating the
primary, secondary, arterial, tertiary, and main street roadways throughout
the PCD shall be provided at the time the site plan application is submitted to
the village. If possible, the plan shall establish a grid system or related
pattern that allows for pedestrian linkages and visual enhancements In
addition, the plan shall provide a design theme for project-wide shared
elements, such as the use of a common hardscape theme (i a pavers
brick, crosswalks, curbing, etc.); minimum sidewalk widths' the use of
awnings, canopies and shade materials; lighting standards• street fumiture•
bike paths; median and parkway landscaping• locations of on-street parking;
pedestrian linkages and thoroughfares: parkway areas: parking plan•
connections between buildings, etc.
Sec. 78-257. Design criteria.
All PCD's shall observe
the following objectives and requirements:
(1) General objectives.
a. A suitable mixed-use commercial/residential environment shall be
provided by utilizing the potential advantages of the site, including suitable
placement of the buildings and facilities in relation to the site and surrounding
influences.
b. Adequate open space related to buildings and other land improvements
shall be provided.
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c. Off-street parking facilities shall be conveniently located within a
reasonable distance to a dwelling units and of commercial uses.
d. Existing trees and other natural features of the site shall be preserved.
e. Appearance of the buildings and grounds shall be enhanced with
supplemental plantings to screen objectionable features and to control noise
from areas or activities beyond the control of the PCD.
f. All of the elements of the site plan shall be harmoniously and
efficiently organized in relation to topography, the size and shape of the
tract, the character of the adjoining property, and the type and size of the
buildings, in order to produce a livable economic land use pattern.
g. Arrangements of buildings shall be in favorable relation to the
natural topography, existing desirable trees, views within and beyond the
site, and exposure to the sun and other buildings on the site.
(2) Access and circulation.
a. Principal vehicular access points in a PCD.
develepreeRt shall be designed to encourage smooth traffic flow and
minimize hazards to vehicular or pedestrian traffic. Merging and turning lanes
and traffic medians shall be required where existing and anticipated heavy
traffic flows indicate needed controls. Minor streets within the PCD shall not
connect with minor streets in adjacent developments in such a way so as to
encourage through traffic. In addition, visibility triangles of 25 feet in both
directions from the point of intersecting lot lines shall be maintained at all
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intersections. Plantings shall not exceed two and one-half feet (2 %i') in any
visibility triangle.
b. Access to the commercial facilities and dwellings and circulation
between buildings and other important project facilities for vehicular and
pedestrian traffic shall be comfortable and convenient for the residents
and the patrons of the PCD.
c. Access and circulation for firefighting equipment, furniture moving
vans, garbage collection, deliveries and other large utility vehicles shall be
planned with the appropriate design criteria as determined by the village.
d. Streets shall not occupy more land than is required to provide access
as indicated, or create unnecessary fragmentation of the development
into small blocks, nor shall streets be so laid out or constructed as to
interfere with desirable drainage in or adjacent to the development.
e. All major streets shown on the approved site plan as arterials or
collectors shall be controlled access facilities and the only vehicular
access thereto shall be by public streets.
Arterial and collector streets shall connect with simila~iy classified
streets in adjacent developments. If no streets exist, the village e~ineeF
shall determine whether future connections are likely and desirable and
shall have the authority to alter the design of the PCD to accommodate
such #is judgment.
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(3) Garbage and refuse collection.
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a. Outdoor collection stations shall be provided in a PCD ~
for garbage and trash removal when individual
collection is not made and indoor storage is not provided.
b. Outdoor collection stations shall not be offensive and shall be enclosed
by a fence or wall at least as high as the containers and in no case less than
four feet. The stations shall be euuipped ~evwde~ with self-closing gates to
provide access to the containers.
c. Access to indoor or outdoor collection stations shall be such that the
removal vehicle need not make several unnecessary turning or backing
movements.
Section 6. Chapter 78, Article IX, Section 78-282, entitled "Structures exempt from
hei t limitations" of the Code of Ordinances of the Village of Tequesta, Florida is hereby
• am ded to read as follows:
Sec. 78-282. Structures that may be exempt from height limitations.
Chi~neys, water tanks, elevator lofts, church spires, flagpoles, a~parapet walls and
at the discretion of the village council, be erected above the height limits
lished by this chapter.
Section 7. Chapter 78, Article IX, Section 78-303 is hereby created to read as
"Visibility triangles" of the Code of Ordinances of the Village of Tequesta, Florida is
amended to read as follows:
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Sec. 78-303. Visibility triangles.
Visibility triangles of twenty-five feet l25') in both directions #rom the point of
Section 8. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is
for ar~~ reason held invalid or unconstitutional by any court of competent jurisdiction, such
shall be deemed a separate, distinct and independent_provision and such holding
shall ~ot affect the validity of the remaining portions thereof.
Section 9. Repeal of Laws in Conflict.
All ordinances or parts of ordinances in conflict herewith, specifically including but
• not li ited to Ordinance 398 as it pertains to planned commercial developments, are
here repealed to the extent of such conflict.
Section 10. Codification.
The sections of the Ordinance may be made a part of the Village Code of Laws and
and may be renumbered or re-lettered to accomplish such, and the word
"ordir~~nce" may be changed to "section," "article," or any other appropriate word.
Section 11. Effective Date.
This Ordinance shall take effect immediately upon adoption.
....THE FOREGOING ORDINANCE was offered by Council Member Watkins, who
i its adoption. The Ordinance was seconded by Vice Mayor Patemo, and upon
put to vote, the vote was as follows:
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FOR ADOPTION
Jim Humpage
Tom Paterno
Geraldine A. Genco
Pat Watkins
AGAINST ADOPTION
The Mayor thereupon declared the Ordinance duly passed and adopted this 18tH
day of May 2006, A. D.
ATTEST:
,4~ ~~ -. ~~~~..
Gwen Carlisle, Village Clerk
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INCORPORATED:
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