TAB 10 - Town of Jupiter

TOWN OF JUPITER
DATE:
January 8, 2013
TO:
Honorable Mayor and Members of Town Council
THRU:
Andrew D. Lukasik, Town Manager
FROM:
John R. Sickler, Director of Planning and Zoning
SUBJECT:
HEARING DATES:
MXD/ TOWN CENTER BUILDING ALLOCATION REQUIREMENTS –
Zoning text amendment to Section 27-990.9.5, to modify the purpose
and intent of the Town Center subdistrict and Section 990.9.5(a)(1), to
modify the maximum percentage of ground floor residential of the
Town Center subdistrict in the Mixed Use Development (MXD) zoning
district.
PZ
TC
TC
12/11/12
01/15/13 1st Reading
02/19/13 2nd Reading
Ordinance #02-13
PZ#12-414
SCT
EXECUTIVE SUMMARY:
Approval of amendments to the zoning code for the Town Center (TC) subdistrict of the Mixed Use
Development zoning district to:
1. increase the maximum percentage of ground floor residential from 40 percent to 50 percent;
2. add a new requirement for a commercial core that must be a minimum of 30 percent of the
total land area of the Town Center, where no residential will be allowed on the ground floor;
and,
3. allow a 50 percent reduction in the required common open space for any block that exceeds
35 percent of residential on the ground floor, if porches or balconies are provided on a
minimum of 95 percent of the residential units and a multiuse activity center (clubhouse) is
provided.
This zoning text amendment has been submitted by the applicant for the Abacoa Town Center
Phase IV project and is being processed concurrent with their Town Center subdistrict master site
plan amendment and individual site plan applications. To review the subdistrict and/or site plan
applications, please go to Item #2 and #3 at the following link on the Town’s webpage http://www.jupiter.fl.us/Files/AgendaCenter/Agendas/56/agenda.pdf. These agenda items were
reviewed by the Planning and Zoning Commission at their December 11, 2012 meeting.
The applicant does not have any issues with the proposed text amendment.
RECOMMENDATION:
At the December 11, 2012 meeting, the Planning and Zoning Commission recommended approval
(by a 3-1 vote), as recommended by staff.
Strategic Priority:
Attachments:
Staff Report
Strong Local Economy
Ordinance #02-13
K:\Staff\WP51\Amendtowncode\MXD\Ground Floor Residential TC (PZ 12-414)\Executive Summary.doc
January 10, 2013
TOWN OF JUPITER
TOWN MANAGER’S OFFICE
DATE:
TO:
January 8, 2013
THRU:
Andrew D. Lukasik, Town Manager
FROM:
John Sickler, Director of Planning and Zoning
SUBJECT:
MXD/
TOWN
CENTER
BUILDING
ALLOCATION
REQUIREMENTS – Zoning text amendment to Section 27990.9.5, to modify the purpose and intent of the Town Center
subdistrict and Section 990.9.5(a)(1), to modify the maximum
percentage of ground floor residential of the Town Center
subdistrict in the Mixed use Development (MXD) zoning district.
Ordinance # 02-13
PZ #12-414
SCT
Honorable Mayor and Members of Town Council
Meeting dates:
Applicant:
Agent:
Applicants Request:
Staff Request:
PZ
TC
TC
12/11/12
01/15/13 - 1st Reading
02/19/13 - 2nd Reading
Abacoa IV Residences, LLC.
Cotleur & Hearing, Inc.
See Attachment A
1)
Town Center Subdistrict - purpose and intent. Amendment
to Section 27-990.9.5, entitled “Town Center (TC) subdistrict” to
modify the intent of the subdistrict to provide commercial uses in
a core area of the Town Center.
2)
Ground floor allocation.
Amendment to Section 27990.9.5(a)(1) of the Town Code, entitled “Building allocation
requirements”, to modify the ground floor percentage
requirements.
Planning and Zoning Commission Recommendation.
At the December 11, 2012 meeting, the Planning and Zoning Commission recommended
approval (by a 3-1 vote) of the subject zoning text amendments.
Staff Recommendation.
The staff recommends approval of the following proposed text changes to the Town Code, with
additional language indicated by underline and deleted language indicated by strikeout. Those
sections of the regulations that are not underlined or stricken are not proposed to be modified.
Town Center Regulations Amendment – ZTA
Page 2 of 5
1) Section 27-990.9.5, entitled “Town center (TC) subdistrict”:
Purpose and intent. The purpose and intent of this subdistrict is to promote a compact form
of mixed-use development including more intense commercial retail and office uses in the
commercial core, and residential uses within a Town center which shall be proportioned
such that no one use shall predominate.
2) Section 27-990.9.5(a)(1), entitled “Building allocation requirements [Town center (TC)
subdistrict]”:
(1) Building allocation requirements.
a. Commercial core. A minimum of 30 percent of the total land area of the Town Center
subdistrict shall be limited to only non-residential uses on the ground floor. The area
shall be depicted on the subdistrict master site plan and shall ensure that a minimum
number of blocks and streets contain the central commercial core of the subdistrict.
b. Blocks outside of the commercial core. The total ground floor residential area, including
live-work units, on any single block in the town center, shall not exceed 35 percent,
unless the following are met:
i. may exceed 35 percent of the total net ground floor area on any single block,
provided tThe overall plan for the town center subdistrict at build-out does not
exceed 40 50 percent of residential use on the ground floor. Refer to section
27-990.11(a)(7), entitled live-work buildings and/or section 27-990.11(l)(1),
entitled residential uses in nonresidential subdistricts.
b. ii. If additional ground floor residential uses areas exceeds are permitted
above the in excess of 35 percent on any single block, all of the following
requirements must shall be met:
1.
For each block that exceeds 35 percent of ground floor residential
area, a A minimum of seven percent of the total block area shall
be common/open space and shall be consolidated into spaces
that provide areas to be used for one area which can be used for
recreation.
2.
The amount of common/open space may be reduced by up to 50
percent, if the number of residential units with porches or
balconies is increased to 95 percent and a multiuse activity center
consistent with the requirements of subsection 27-990.9.1.1(a)(4)
is provided.
3.
The common/open space areas shall be distributed such that the
majority of the residential units are within a 300-foot radius of the
common/open space.
4.
Live-work units shall be universally accessible shall be required on
certain roadways in the town center subdistrict to allow for
nonresidential uses on the ground floor
Background.
Concurrent with the subject zoning text amendment, an application has been submitted for a
mixed use project in Town Center Phase IV that is predominantly residential. The application
currently does not meet code in regards to the minimum ground floor commercial allocations
Town Center Regulations Amendment – ZTA
Page 3 of 5
required in the Town Center. Although the applicant is proposing two office sites and
commercial/live-work lofts on Main Street, predominantly the project consists of residential units.
In addition, the applicant has requested that the commercial/live work lofts be permitted to be
leased for residential occupancy, if there is no initial demand for the commercial space.
Because of the above, the applicant for the mixed-use project looked at how the regulations
could be modified to meet the current and projected needs of the Town Center (see Attachment
“A”). This is specifically of issue since the Town Center has not developed consistent with the
original concept for a 70 acre regional center and is more of a local center that serves the
surrounding areas.
Although staff generally supports changes to the regulations, staff’s
recommendations differ from the applicant’s request based upon review of the Neighborhood
Commercial and Residential Urban subdistrict as well as the evolving nature of the Town
Center. The applicant’s proposed language is located in the statement of use (see Attachment
“A”) and staff language is located above.
Analysis.
Comprehensive Plan Policy. Below is the applicable section of the Future Land Use Element
of the Comprehensive Plan for Mixed Use areas that describes the balance of land uses
intended for properties assigned with this designation (emphasis added):
Policy 1.3.10
Mixed Use - This future land use designation is intended to foster
infill, assist in the implementation of recommendations from special studies (i.e.,
roadway corridor, redevelopment, etc.) that the Town may undertake, and
redevelopment efforts, as well as allowing for the creation of traditional neighborhood
developments (TNDs) in order to lessen the need for additional vehicular trips; to deter
urban sprawl; and to encourage the development of new affordable housing.
This type of future land use classification is characterized by the mix of two or more
distinct land uses in which no one particular type of use predominates. In addition,
mixed use development is dependent on the successful integration of these distinct
uses together in order to create a functioning, multi-faceted type of development.
Integration is defined as the combination of distinct uses on a single site where impacts
from differing uses are mitigated through site design techniques, and where differing
uses are expected to benefit from the close proximity of complementary uses. All
requests for development approval based on a mixed use concept must be able to
demonstrate functional horizontal integration of the allowable uses, and where
applicable, vertical integration as well.
Zoning text amendment. The 70 acre Town Center has evolved due to amendments and plan
approvals over the years and has become less commercial and more residential. Specifically,
the Town Center has developed with more commercial uses towards the center or core of the
subdistrict, with the subdistrict transitioning into more residential further from the stadium. As
the project nears build out, the regulations should be reexamined to address current challenges
and opportunities. Therefore, staff took the opportunity to recommend changes to ensure that
the remaining parcels to be developed are predominately commercial at the core area
surrounding the stadium to provide an environment for more active uses that will complement
the stadium and the surrounding Town Center uses.
1)
Town Center Subdistrict - purpose and intent. As noted above, the Town Center
has evolved over the years to be more residential. Based on the original entitlements of
Town Center Regulations Amendment – ZTA
Page 4 of 5
Abacoa, the Town Center consisted of 954,900 square feet of commercial use and 488
residential units. However, based on subdistrict amendments through the years, the
Town Center is currently entitled with 479,285 square feet of commercial and 1,101
residential units. This is an increase of 613 residential units and a decrease in 475,615
square feet of commercial space (see table below).
Current Land Use Allocations
Land Use
(1)
Original Map H
entitlements
Previously Approved
Modifications
Approved Map H
(2)
entitlements
Commercial
954,900
- 475,615 SF
479,285
Residential
488 Units
+ 613 Units
1,101 Units
1)
2)
Office, Retail and Research and Development.
Full break down provided in Subdistrict Staff Report.
As the different phases of Town Center have developed, more intense uses have been
centered around the stadium. The residential portions of the subdistrict, such as “The
Villages” and “Antigua” have been located to the northern and eastern ends of the
subdistrict. This has established a framework for a more commercially intense core area
that is approximately 21 acres in size on the ground floor. Specifically, the commercial
core of Town Center consists of 7.4 acres of commercial in Phase I (restaurants, shops
and offices along Town Center Drive, University Boulevard and on Main Street), 9.7
acres in Phase II (G4S, future hotel, and old theater) and 3.9 acres in Phase IV (2 office
sites) (See map of area - Attachment “D”). Overall the Town Center is 70.4 acres and
does not include the stadium that is designated as Recreational subdistrict. Given that
the commercial core of Town Center is 30 percent of the overall Town Center, staff
utilized this percentage as a minimum amount of the Town Center subdistrict that should
be designated for more intensive commercial uses, without residential on the ground
floor.
Staff notes the 21 acres of commercial core proposed for the Town Center is
comparable in size to other New Urban commercial areas in Florida such as Celebration
in Central Florida (16 acres), Miami Lakes Town Center (27 acres) and Mizner Park in
Boca Raton (30 acres).
Based upon the above, staff recommends that the purpose and intent of the Town
Center subdistrict to indicate a commercial core is a key component of the subdistrict.
2)
Ground floor allocation. Pursuant to Section 27-990.9.5(a)(1) of the Town Code,
entitled “Building allocation requirements”, residential on the ground floor may not
exceed 35 percent in any block so long as the overall plan for the Town Center does not
exceed 40 percent of residential uses. These regulations are to ensure that a viable first
floor commercial area is established for the Town Center. Based on documentation
provided by the applicant, two blocks proposed by the developer in Phase IV exceed 35
percent ground floor residential (49 percent residential on the east block and 60 percent
on the west block) (see Attachment “B”).
The overall Town Center would be 50 percent residential on the ground floor, if the
proposed changes are approved and the project is constructed. Therefore, the applicant
has proposed a zoning text amendment to change the amount of residential permitted
on the ground floor (see Attachment “A”)
Town Center Regulations Amendment – ZTA
Page 5 of 5
Common/open space. The regulations noted above require that if a block exceeds 35
percent ground floor residential, then seven percent of common/open space must be
provided in the block. The proposed project for Town Center Phase IV exceeds the 35
percent maximum ground floor residential requirements in the two blocks. Only four
percent of common/open space land is provided in either block. The applicant proposes
to modify the seven percent requirement to be 0.25 acres in each block exceed in the 35
percent maximum.
Staff is recommending that the seven percent requirement be retained and that a 50%
reduction be permitted if 95 percent of the units have porches or balconies and a multiuse activity center is provided for the residents. This recommendation is based on
similar common/open space requirements in the Neighborhood subdistrict (which is
three percent) and in the Neighborhood Commercial (NC) Subdistrict (which is a
minimum of 3.5 to seven percent). Staff notes, the NC subdistrict was amended earlier
this year (2012) to increase the ground floor residential. This text amendment was
approved with a requirement for a multiuse activity center in addition to the
porch/balcony requirement. Staff notes that Residential Urban (RU) subdistrict does not
have an open space requirement, which is the district in the MXD that allows for higher
residential densities.
Conclusion
Staff finds the recommended zoning text amendments benefit the health, safety and general
welfare of the public, and are consistent with the comprehensive plan. Therefore, staff
recommends approval.
Attachments:
Attachment A – Applicant’s Justification Statement
Attachment B – Town Center overall and by phase ground floor percentages
Attachment C – Town Center, Non-residential Ground Floor Area
Attachment D - Map of Commercial Core Areas
K:\Staff\WP51\Amendtowncode\MXD\Ground Floor Residential TC (PZ 12-)\Staff Report.doc
Cotleur&
Hearing
Attachment A
Landscape Architects I Land Planners I Environmental Consultants
1934 Commerce Lane . Suite 1 . Jupiter, Florida . 33458 . Ph 561.747.6336 . Fax 561.747.1377 . www.cotleurhearing.com . Lic # LC-C000239
Town Center
Zoning Text Amendment
Justification Statement
INTRODUCTION
On behalf of Abacoa IV Residences LLC, the applicant, we are requesting a zoning text amendment to
modify the zoning code of the Town of Jupiter. The specific sections of the code to be amended are
Section 27-990.9.25 Town Center (TC) Subdistrict. The purpose of this amendment is to develop a
multifamily rental community with a retail component in the Town Center subdistrict. This text
amendment request is consistent with the Abacoa DRI development order, the Abacoa master plan, as
well as the Town's comprehensive Plan.
PROJECT CONTACT
Agent/Planner
Cotleur & Hearing, Inc.
Donaldson Hearing / Alessandria Palmer
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
Phone: (561) 747-6336 x 109
Fax:
(561) 747-1377
E-mail: [email protected]
REQUEST
Section 27-990.9.5, the Town Center (TC) subdistrict, is proposed to be amended. The mixed use TC
subdistrict code allows a maximum residential ground floor area of 35 percent in a block, not to exceed
40 percent for the entire Town Center. The subject request is to increase the allowable residential
ground floor area to 50 percent for the entire subdistrict from 40 percent, and to provide an alternate to
the common/open space requirement. Based upon the facts set forth below and the economic realities
in today's lending environment, a 50 percent residential ground floor area is more appropriate for this
part of the subdistrict.
Residential Ground Floor Area
The Town Center was originally intended to be a regional commercial center supporting uses that would
be visited by residents all over Palm Beach and Martin Counties. Unfortunately this goal has not been
achieved with the Town Center. However the Town Center has found its niche as a local commercial
center supporting the activities of residents within Abacoa as well as employees of the Workplace and
the Town Center on a daily basis. The Town Center does serve the residents of the Town on a monthly
basis as a place for special events and it serves as a regional center during the spring training season.
Unfortunately the special events and the spring training season cannot define the Town Center.
Town Center
CHI 11-0104.03
Zoning Text Amendment
Ground Floor Area
November 15, 2012
Revised December 6, 2012
There are five phases of Town Center subdistrict. Through the years a commercial hierarchy has been
formed over these phases that begin in Phase I where the most intense commercial uses can be found ,
such as restaurant and retail. The hierarchy then moves out to Phase II where commercial uses are
prevalent such as the Marriot hotel and the G4S office building. There are two additional development
site on this phase for additional commercial uses. The stadium is the physical land mark that links these
two commercial areas together, as both phases "face" the stadium property. As you move out from the
two commercial phases, east of Edna Hibel Way and north of Avenue A (potentially to be known as
Stadium Drive) the Town Center becomes more residential. This is where the residential
"neighborhoods" of Antigua and the Village are found.
Although this may not have been the original intent for the Town Center, it is how the Town Center has
developed to date. The code does not coincide with the built environment and the existing commercial
hierarchy of the subdistrict. The residential use in the Town Center is consistent with the density
approved and planned for the Subdistrict, it is simply in another form. In order to address the existing
uses of the Town Center, and to make way for new uses, the code must be addressed to acknowledge
the increase of residential uses in the periphery areas of the Town Center and encourage the
commercial uses to grow in the core of the Town Center. The applicant notes that all buildings within
Phase I west of Edna Hibel Way and all buildings within Phase II have 100% commercial ground floor
areas.
One of the reasons why there more residential use and proposed use on the ground floor of the Town
Center is because it is surrounded by Residential Neighborhood subdistricts on all but one boundary and
because it is far from the major commercial corridors of Military Trail and Donald Ross Road. Once past
the periphery residential components of the TC subdistrict one enters into the neighborhood and
residential urban subdistricts of Charleston Court, the Island, Tuscany, Osceola Woods and the Vintage.
The Neighborhood subdistricts that surround the TC subdistrict are only permitted to have five percent
maximum commercial ground floor area compared to the Town Centers 60% minimum, yet the
subdistricts are adjacent to one another with no other less intense subdistrict between them.
There is quite a gap between the Neighborhood/Residential Urban and Town Center subdistricts. We
feel that the Town Center subdistrict should require less commercial ground floor area so that we can
provide a better buffer between the intense commercial uses of the Town Center and so that it is more
compatible with the surrounding subdistricts. Allowing 50% commercial ground floor area seems to be
more consistent with the existing development of the Town Center and allows the future development
of the Town Center to be compatible and consistent.
,,';;;;
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Ii
Residential Urban
Neighborhoods
Neighborhood Commercial
Town Center
Community Commercial
Workplace
N/A
5%
30%
50% (proposed)
65%
65%
-2-
,)
<m.;;,.
Town Center
CH# 11-0104.03
Zoning Text Amendment
Ground Floor Area
November 15, 2012
Revised December 6, 2012
Policy 1.3.10 of the comprehensive plan mandates the true mix of residential and non-residential uses.
Allowing up to 50% residential ground floor uses will provide for a higher density around the commercial
uses, which will in turn support the commercial uses for the long term. Objective 1.1 of the Housing
element of the comprehensive plan states that the town shall provide adequate workforce housing to
meet the needs assessment. This code revision will allow for more multifamily type units in the
subdistrict that promote workforce housing by providing for additional housing options to the residents
of the town and of Abacoa. This text amendment is also consistent with the Abacoa DRI development
order because it promotes efficient and innovative design initiatives.
Common/Open Space
Section 27-990.9.5 also requires additional common/open space if the ground floor area (GFA) of
residential uses exceeds 35 percent. The code currently requires that 7 percent common/open space is
provided per block if the 35 percent residential GFA is exceeded. The applicant proposes to amend this
requirement to allow relief for the infill sites of the MXD district. The applicant would like to propose an
amendment to the code that would require a minimum of 0.25 acres of consolidated common/open
space if the plan proposes more then 35% residential ground floor area.
CONCLUSION
The Applicant is requesting this zoning text amendment to allow for additional residential ground floor
area within the Town Center subdistrict as well as some relief for the common/open space requirement.
The amendment is consistent with the Abacoa DRI development order, the master plan, and the Town's
comprehensive plan. Abacoa IV Residences LLC, the applicant, and the entire project team, look forward
to working with Staff to respond to any questions or issues that might arise as a result of their review.
-3-
27-990.9.5 Town center (TC) subdistrict.
Purpose and intent. The purpose and intent of this Subdistrict is to promote a compact form of
mixed-use development including commercial retail and office uses and residential uses within a
Town center which shall be proportioned such that no one use shall predominate.
Use regulations. The uses permitted are listed in section 27-990.13 of this division.
Design regulations.
(a)
Building regulations.
(1)
Building allocation requirements.
a.
The total ground floor residential area, including live work units, on any
single block in the town center, may exceed 35 percent of the total Ret
ground floor area on any single block, provided the overall plan for the
town center Subdistrict at build-out does not exceed 4Q. 50 percent of
residential use on the ground floor. In addition, the blocks that front on
those streets facing the stadium facilities main entrances shall be
prohibited from ground floor residential areas. Refer to section 27990.11 (a)(7), entitled live-work buildings and/or section 27-990.11(1)(1),
entitled residential uses in nonresidential Subdistrict.
b.
If additional the ground floor residential areas exceeds are permitted
above the 35 percent on any single block, all of the following
requirements must be met:
1.
For each block that exceeds 35 percent of ground floor
residential area, must provide a minimum of seven percent of the
total block area shall be common/open space area of a minimum
.25-acre size and shall be consolidated into one area, which can
be used by all residents for passive or active recreation.
2.
The common/open space areas shall be distributed such that the
majority of the residential units are within a 300-foot radius of the
common/open space.
3.
Live-work units shall be universally accessible shall be required
on certain roadways in the town center Subdistrict to allow for
nonresidential uses on the ground floor.
lP2~~[E~~[E[Q)
NOV 1'9 2012
PLANNlr,IG & ZONNING
Attachment B
Phase I
Phase II
Phase III
Phase IV
119,695
80,872
33,120
55,065
51%
100%
24%
45%
288,752
50.32%
49%
0%
76%
55%
285,083
49.68%
235,269
80,872
135,600
122,094
NON-RESIDENTIAL
BUILDING 1
10,000
BUILDING 2
13,300
BUILDING 3
11,750
BUILDING 4
11,750
BUILDING 5/5A
23,500
BUILDING 6
9,700
BUILDING 7
3,100
BUILDING 20
3,000
BUILDING 25
12,000
BUILDING 26
9,220
BUILDING 27
12,375
119,695
RESIDENTIAL
4 UNIT
3,383
5 UNIT
3,900
6 UNIT
4,890
8 UNIT
6,305
8
6
3
8
27,064
23,400
14,670
50,440
115,574
TOTAL TC I GFA
235,269
NON-RESIDENTIAL
51%
RESIDENTIAL
49%
G4s
HOTEL (APPROVED)
SUBTOTAL
OFFICE (F.K.A. CONFERENCE CTR)
THEATER (PROPOSED)
TOTAL
15,979
19,600
35,579
LIVE-WORK (NON-RESIDENTIAL)
4 UNIT
3,520
9
31,680
6 UNIT
5,040
6
30,240
400
72
GARAGE AREA
(28,800)
33,120
SUBTOTAL
RESIDENTIAL
4 UNIT
3,040
8
24,320
4 UNIT 1 EXT. GAR.
6,560
2
13,120
6 UNIT
4,560
6
27,360
6 UNIT 1 EXT. GAR.
4,800
10
48,000
6 UNIT 2 EXT. GAR.
5,040
12
60,480
GARAGE AREA
200
88
(17,600)
GARAGE AREA
400
133
(53,200)
SUBTOTAL
102,480
TOTAlGFA
135,600
NON-RESIDENTIAL
24%
RESIDENTIAL
76%
Total GF Area
55/583
66/510
122/093
Non-Residential
Includes 2 Office Sites
and Lofts on Main St
28/339
51%
"7
L!
Total Site Area
Recreation
40%
308/386
4%
10/909
55/065
45%
67
785
299/842
11/170
26/725
608/228
4%
22,079
4%
Attachment C
-('L-,\ 0-
i..-J'0
NON·RESIDENTIAL GROUND FLOOR AREA
.-MAX PLANCK
RESEARCH
FACILITIES
ABACOA TOWN CENTER
Jupiter, Florida
.~)
V
-6
Attachment D
Phase IV - 3.9 acres
Phase II - 9.7 acres
Phase I - 7.4 acres
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ORDINANCE NO. 02-13
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF JUPITER, FLORIDA, AMENDING SECTION
27.990.9.5 (a) (1) OF THE TOWN CODE PERTAINING
TO THE PERCENTAGE OF BUILDING ALLOCATIONS
FOR GROUND FLOOR NON-RESIDENTIAL USES, AND
INCREASING THE
PERCENTAGE OF GROUND
FLOOR RESIDENTIAL WITHIN THE ABACOA TOWN
CENTER
SUBDISTRICT ;
PROVIDING FOR
SEVERABILITY; PROVIDING FOR THE REPEAL OF
LAWS IN CONFLICT; PROVIDING FOR CODIFICATION,
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Jupiter, Florida (“Town”) has
adopted a Comprehensive Plan which has been determined to be in compliance with
Chapter 163, Part II, Florida Statutes; and
WHEREAS, pursuant to Section 163.3202(2), Florida Statutes, municipalities are
required to provide specific and detailed land development regulations as part of the
implementation of their adopted comprehensive plans; and
WHEREAS, the Town Council has previously enacted land development
regulations pertaining to the percentage of the ground floor space to be allocated
between residential and commercial retail and office uses within the Abacoa Town
Center Subdistrict , which have been codified in Chapter 27 of the Town Code; and
WHEREAS, Town’s Planning and Zoning Commission has made its
recommendations to the Town Council regarding the amendments proposed by the
Town staff; and
WHEREAS, the
Town Council, after duly noticed public hearings has
determined that the adoption of the proposed amendments would be consistent with the
Town’s Comprehensive Plan and would further the public’s health, safety and general
welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF JUPITER, FLORIDA THAT:
Ord # 02-13
Page 2
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Section 1. The foregoing whereas clauses are incorporated herein as the
legislative findings of the Town Council.
Section 2. Chapter 27, Article I, Section 27-990.9.5, entitled “Town center (TC)
subdistrict” of the Town Code is hereby amended to read as follows:
Purpose and intent. The purpose and intent of this subdistrict is to promote a
compact form of mixed-use development including more intense commercial retail
and office uses in the commercial core, and residential uses within a Town center
which shall be proportioned such that no one use shall predominate.
Section 3. Chapter 27, Article I, Section 27-990.9.5(a)(1), entitled “Building
allocation requirements [Town center (TC) subdistrict]” of the Town Code is hereby
amended to read as follows:
(1) Building allocation requirements.
a.
Commercial core. At least 30 percent of the ground floor area within the
Town Center subdistrict shall be developed and maintained for nonresidential uses. This area shall be depicted on the subdistrict master site
plan and shall ensure that a minimum number of blocks and streets
contain the central commercial core of the subdistrict.
b.
Blocks outside of the commercial core. The total ground floor residential
area, including live-work units, on any single block in the town center,
shall not exceed 35 percent, unless the following are met:
i.
may exceed 35 percent of the total net ground floor area on any
single block, provided tThe overall plan for the town center
subdistrict at build-out does not exceed 40 50 percent of
residential use on the ground floor. Refer to section 27990.11(a)(7), entitled live-work buildings and/or section 27990.11(l)(1), entitled residential uses in nonresidential subdistricts.
b. ii. If additional ground floor residential uses areas exceeds are
permitted above the in excess of 35 percent on any single block,
all of the following requirements must shall be met:
1.
For each block that exceeds 35 percent of ground floor
residential area, a A minimum of seven percent of the total
block area shall be common/open space and shall be
consolidated into spaces that provide areas to be used for
one area which can be used for recreation.
2.
The amount of common/open space within the Town
Center subdistrict may be reduced by up to 50 percent,
provided the number of allowed residential units with
porches or balconies is increased to 95 percent and a
multiuse activity center consistent with the requirements of
subsection 27-990.9.1.1(a)(4) is provided.
3.
The common/open space areas shall be distributed such
that the majority of the residential units are within a 300foot radius of the common/open space.
Ord # 02-13
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4.
Live-work units shall be accessible and are required on
certain roadways in the town center subdistrict to allow for
nonresidential uses on the ground floor
Section 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions thereof.
Section 5. Repeal of laws in conflict. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such conflict.
Section 6. Codification. Sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "Section",
"Article", or any other appropriate word.
Section 7. Effective Date. This Ordinance shall take effect immediately upon
adoption.
K:\Staff\WP51\Amendtowncode\MXD\Ground Floor Residential TC (PZ 12-414)\ordinance 02-13 (TA
Review).doc
January 8, 2013