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RESOLUTION N0.48-99/00
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE
OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING A
CONTRACT WITH JLH ASSOCIATES, ROBE SOUND, FLORIDA
PROVIDING FOR ZONING CONSULTANT SERVICES FOR THE
UPDATE OF THE VILLAGE OF TEQUESTA ZONING ORDINANCE IN
ORDER TO SATISFY FLORIDA PLANNING LAW REQUIREMENTS
WHICH REQUIRE CONSISTENCY BETWEEN THE COMPREHENSIVE
PLAN AND ZONING CODE, IN THE AMOUNT OF $19,000 PLUS
$90.00/HOUR FOR PUBLIC MEETINGS; WITH SAID FUNDS
BEING APPROPRIATED FROM THE DEPARTMENT OF COMMUNITY
DEVELOPMENT MISCELLANEOUS PLANNING SERVICE ACCOUNT
HAVING A FISCAL YEAR 99/00 BUDGET ALLOCATION OF
$35,000.00, AND AUTHORIZING THE VILLAGE MANGER TO
EXECUTE THE SAME ON BEHALF OF THE VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. The Agreement between JLH Associates and the
Village of Tequesta providing for the preparation of the
update to the Village of Tequesta Comprehensive Zoning
Ordinance, Attached Hereto as Exhibit "A" and Incorporated by
Reference as Part of this Resolution is Hereby Approved and
the Village Manager is Authorized to Execute the Applicable
Agreement on Behalf of the Village.
THE FOREGOING RESOLUTION WAS
Schauer who moved it:
seconded by Councilmember_ Walker
to a vote, the vote was as
FOR ADOPTION
OFFERED by Councilmember
> adoption. The motion was
and upon being put
AGAINST ADOPTION
CST r~tta
llal ark
Hansen
Schauer
Walker
•
The Mayor thereupon declared the Resolution duly passed and
adopted this 9th day of March, A.D., 2000.
ATTEST:
Joann Mangani to
Village Clerk
follows:
YO OF TEQUESTA
~'~ s
arl C. Hansen
Exhibit A
AGREEMENT
AGREEMENT made this / 3~ay of ~~~-~ 2000, by and between the
Village of Tequesta, Florida (herein referred to as the Village) and JLH Associates
(Consultant).
WITNESSETH:
WHEREAS, the Village desires to hire a Planning and Zoning Consultant to
update the Village of Tequesta Comprehensive Zoning Ordinance; and
WHEREAS, Consultant has established itself as a qualified consulting firm
capable of performing the Village's comprehensive planning and zoning program; and
WHEREAS, Consultant wishes to prepare the update to the Village of Tequesta
Comprehensive Zoning Ordinance under the terms and conditions stated herein.
• NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
I. DUTIES
The Village hereby appoints Consultant to prepare the update to the
Village of Tequesta Comprehensive Zoning Ordinance as specified herein.
II. SCOPE OF SERVICES
A. Consultant shall:
1. Prepare the Comprehensive Zoning Ordinance update
consistent with items 1 through 24, as identified in the
Village of Tequesta Zoning Code Update attached to
•
Exhibit A
the Village letter dated February 1, 2000 and attached
• as an Appendix to this agreement.
2. Incorporate Comprehensive Zoning revisions and
updates identified in the Goals, Objectives and Policies
of the EAR-based Comprehensive Plan into the
Comprehensive Zoning Ordinance update.
3. Make presentations, as necessary, to the Local Planning
Agency and Village Council.
B. The Village shall:
1. Provide any and all Village data, records, materials
and information necessary for preparation and completion
of the Comprehensive Zoning Ordinance update.
• 2. Provide office space and support functions (typing,
xeroxing and reproduction) at Village facilities for use of
the Consultant. If certain support functions are required
to be performed by Consultant, such services shall be
subcontracted by Consultant and billed to the Village.
III. COMPENSATION AND METHOD OF PAYMENT
A. Consultant shall be compensated for work completed that is
in conformance with the duties set forth in the "SCOPE OF
SERVICES" portion of this AGREEMENT for the sum of
nineteen thousand dollars ($19,000.00), plus ninety dollars
($90.00) per man hour meeting attendance and presentation of
•
Exhibit A
materials to the Local Planning Agency and Village Council; and
• reimbursement for expenses incurred that are incidental to
completion of this work program. Reimbursable expenses shall
include costs for:
1. Mileage at thirty-one cents ($0.31) per mile.
2. Materials.
3. Support services as defined herein, and, if necessary
4. Other out-of-pocket expenses as approved by the
Village Manager
B. Consultant shall invoice the Village on or before the fifth
(Sa`) day of each month for services rendered during the previous
month. Consultant shall receive payments on or before the
• fifteenth (15~') of each month.
C. Nonpayment on or within the herein specified dates or time
period shall, at the option of Consultant, result in the immediate
ceasing of all remaining or continual services as set forth above
and shall remain so until payment is received by Consultant.
IV. TIlVIE OF PERFORMANCE
A. The effective date of this AGREEMENT shall commence
on March 1~~2000, and continue through completion of the
SCOPE OF SERVICES.
B. Nothing in this AGREEMENT shall prevent, limit, or
otherwise interfere with the right of Consultant to terminate its
Exhibit A
position with the Village by providing at least one (1) month
:]
written notice giving a reasonable date of termination of such
AGREEMENT such that the Village shall have an opportunity to
fill said vacancy.
C. Nothing in this AGREEMENT shall prevent, limit, or
otherwise interfere with the right of the Village to terminate the
services of the Consultant at any time by providing at least one (1)
month written notice stating the date of termination of services.
V. GENERAL STATEMENTS
A. Consultant shall be authorized under the terms of this
AGREEMENT to subcontract professional services if, and when,
deemed necessary in the performance of the aforementioned work
•
elements. The cost of all such work so subcontracted shall be
included in the compensation payable to Consultant. Consultant
shall forward invoices for such work that has been subcontracted
together with its regular monthly billings.
B. The Village fully agrees to cooperate with Consultant in the
timely preparation of the procedural and timing requirements for
any planning and zoning matters and activities as set forth in the
"SCOPE OF SERVICES". Consultant shall not be liable for any
failure to comply with assigned work tasks if the delay was caused
by the Failure of the Village to cooperate in a timely fashion.
•
Exhibit A
C. No modification or change of this AGREEMENT shall be
•
valid or binding upon the parties unless in writing and executed by
the party or parties to be bound thereby.
D. In the event that any part, term or provision of this
AGREEMENT is found by a court of competent jurisdiction to be
illegal, the validity of the remaining portions and provisions shall
not be affected and the rights and obligations of the parties shall be
construed and enforced as if this AGREEMENT did not contain
the particular part, term or provision held to be so invalid.
IN WITNESS WHEROF, the Village of Tequesta, Florida and JLH
Associates have executed this AGREEMENT on the day and year first
above written.
•
Attest:
~~ A ~'L..L..,..Q
illage Clerk (~
Witness
Village Manager
_ ~
J
Assocites
President
•
VILLAGE OF TEQUESTA Appendix A
DEPAR'IMMEIVT OF COl~'IlVIUNITY DEVII,OPMENI"
Post Office Box 3273 357 Tequesta Drive
Tequesta, Florida 33469-0273 (561) 575-6220
Fax: (561) 575-6239
February 1, 2000
Jack L. Horniman
JLH Associates
8557 SE Coconut Street
HOBE SOUND, FL 3 3 4 5 5
VIA FACSIlVIII,E
Dear Sir or Madam:
The Village of Tequesta has recently seen the need to update the Village of Tequesta
Comprehensive Zoning Code. ,Many of the regulations are out of date and/or ineffective
planning and zoning tools.
We are currently accepting proposals from consulting fines for the revision. The Village
of Tequesta is currently under Zoning-in-Progress for many of the sections of the Code, so
time is of the essence in completing the revisions. Included in this letter, please find a list
of the required changes which Village staff have found necessary. The list also includes a
review and recommendation by the consultant.
The Village Attorney is also working on updating certain sections of the Code. The
Village desires to go through the process of amending the Code only once, so a need to
coordinate with the Village Attorney is required. Please review the listed items and send a
proposal no later than February 3, 2000, by 5:00 P M. If needed, a copy of the Village of
Tequesta Code of Ordinances can be found on the Municipal Code Corporation website
www.municode.com.
Thank you cooperation in this matter.
Sincerely,
C~~-
Kara L. Irwin
Planner
Village of Tequesta
Enclosure (1)
cc: Thomas (J. Bradford, Village Manager
Scott D. Ladd, Director of Community Development
•
Recycled Paper
03/03/2000
Village of Tequesta Zoning Code Update
• 1. Grammar and typographical errors.
a. Typo, Section VIII (A)(a) changed to Section VIII (A)(1) (page 1138.11)
b. Change "Palm Beach County Fire Rescue Department" to Village of
Tequesta Fire Rescue Department (Sec. VII (D)(7)(d) Sd, Schedule of
Regulations and Application of Regulations, C-3 General Commercial
District, Special Exceptions, Convenience Stores), (Sec. VII (D)(5)(d) 3c),
(Sec. VII (D)(6)(d) 8c).
2. Track all changes made throughout the other sections of the code.
3. Update Landscaping Code
a. Create Landscape regulations for non-vehicular areas, such as public
utilities.
b. Change inconsistencies between maximum access widths outlined in the
Landscaping Code (max. 24') and Parking Regulations (max. 35') (Sec. X
(I~(2)(c) 4, Landscaping: General Requirements, Application,
Landscaping of open land uses, Access).
c. Amend Ordinance 377 & 450; current regulations concerning removal of
exotics are in conflict.
4. Review and bring up to date parking regulations in all Districts.
a. Revise the Off-Street and On-Street Parking Space Requirements (Sec.
VIII (I~, Off-Street and On-Street Parking Requirements).
b. Define size of on-street parking space, 8.5'x23', in the on street parking
• regulations (Sec. VIII (A)(8), Off-Street and On-Street Parking and
Loading Regulations and Sec. VIII (A)(1), Application of Regulations)
c. Amend the Parking Lot Dimension Table (Sec. VIII, Parking Lot
Dimensions Table, Page 1144), if needed.
d. Clarify the definition for the `Dimension at Street' for `Parking Access
and Driveways' (Sec. VIII (F)(1), Parking Access and Driveways, page
1138.14).
e. Create lighting requirements for Parking Area Requirements.
5. Create a more detailed definition for professional services. The current definition
allows for a broad interpretation (Sec. N, Definitions).
6. Create regulations to govern animal kenneling and/or overnight boarding at
veterinary offices, which as the code stands could be an accessory service, which
currently is not regulated.
7. Create more definite regulations for the development of Churches within the R-
lA, R-1, R-2, R-3, C-1, and M-U Districts (Sec. VII (D), Schedule of District and
Use Regulations).
8. Refer to Right-of--Way Procedure for Construction within the Village Right-of-
Way (Sec. VIII (G)(3), Access to Rights-of--Way, Construction).
9. Amend the clause requiring plat prior to permit issuance (Sec. XI (H)(1), Planned
Residential Development (PRD), Permanent and Temporary Structures and
Facilities).
•
03/03/2000
10. Amend the clause requiring plat prior to permit issuance- (Sec. XI-A (H)(1),
Planned Commercial Development (PCD), Permanent and Temporary Structures
• and Facilities).
11. Revise regulations for walls and fences, the language is vague and ineffective
(Sec. X (A)(1)(c), Supplemental Regulations Applying to a Specific, to Several or
to All Districts}.
12. Revise language-outlining time limits for special exceptions, which are vague
(Sec. X (J)(7)(a-c), Special Exception Uses, Time Limits).
13. Revise Special Exception application process to allow for required advertisement
deadlines in the process (Sec. X (T)(8)(a-e), Special Exception Uses, Special
Exception Application Process).
14. Add M-U, Mixed Use District (Sec. X (L,)(1)(a), Supplemental Regulations,
Commercial Vehicles and Trucks, Recreational Vehicles on Private Lots).
15. Revise/LTpdate Site Plan Review Process (Sec. X (M), Supplemental Regulations,
Site Plan; Prerequisite to Building Permit Issuance).
16. Rewrite the "Unity of Title Declaration' to include allowances fora "Unity of
Control' in place of the Unity of Title Document (Sec. XI, Unity of Title
Declaration).
17. Rewrite the Sign Regulations, which are vague (Sec XII, Sign Regulations).
18. Revise the language outlining the jurisdiction of the Board of Adjustment and the
Village Council in relation to variances (Sec. XIII (A), Appeals and Variances,
Board of Adjustment and Village Council, Appeals and Variances).
19. Add Public facility Structures and Facilities such as, but not limited to Lift
Stations to the RecreationaVOpen Space District (Sec. VII, Schedule of
Regulations and Application of Regulations, (D) Schedule of District and Use
Regulations, (8) R/OP Recreation/Open Space Distnct).
20. Create language pertaining to Adult-Care facilities.
a. Amend the uses allowed in the MU district with regard to Adult
Congregate Living Facilities (ACLF's) by restricting them to the first
stage of an ACLF, the independent living unit type like the Waterford and
Prosperity Oaks (Sec. VII (D}(9)(i) 8).
b. Update definitions of ACLF's, track licensing of facilities and how they
are categorized.
21. Amend the Sign Regulations set forth in the MU district by requiring monument
signs for project developments, not to exceed 45 square feet in signage area and
eight (8) feet in height, currently atoning-in-Progress (Z.I.P.) (Sec. VII
(D)(9)(m) 6).
22. Addition of Development Review Committee Process.
23. Amend Ordinance 377 & 450; current regulations concerning removal of exotics
are in conflict.
24. Coordinate all these changes with changes to be made by the Village Attorney, so
that all updates can be done at one time.
25. Provide in for entire process in proposal (e.g. Public hearings, workshops,
planining workshops w/ Village staff, etc.) and an expected timeline.
26. Provide recommendation for updates/changes to the current code.
•
2-83-200 9-20AD~1 FROM JLH ASSOCIATES 561 659 1533 P.2
Appendix B
AS,~QC~'ATE~
'~V piQnning .6a zoning • lobbying • permitti • land dev~lo meet reseor h
^9 P c
Mc, Scott Ladd, Director
Village of 7equesta, Dapastmeot of Commumiy llevdoprnent
P.O. Box 3273
Tequest$, ~., x3469
liE: ZQNII`iG CODE BATS PROP(1SAL
Dent' Nir. Ladd:
,11TH Associates received the vi~~'s request for P~sal on Fehrutuy 1, 2400 (via fax) to update it's
Zousrig Code per the tweaty~six (26) hams listed in the attachment. 'I'bis Appears to bean extdnsiva
undertaking by the Village. T r~eougnere thm the Village needs this proposal by S:DOpm Febnmry 3, 2000.
I had an opportunity to diiscuss the Zoni;pg Code update brier8y with Kara Irwin, Villagte P1Anne~. The
followigg proposal is based on the t~ecently obtained information and my limited discussions writh village
staff.
The estimate far prePering the Zoning Code revisions ax-d updates is S 1A,000, Pius ~90/hr for meeting
attendance and presegtation of enatetials to the X.oce1 Plaguing Agency (),pp? ~d village Council; and,
reimbur'scmestt for out-of-pocltez expenses and milea~g~.
ARer reviewing ikar list of proposed zpnittg revisions and apdates, I Seel there is A major item e»issing f3om
the list. I would strongly t'ecommend that reviaioro ideaitified in the Goals, Objectives Aed policies
• of the BAR based Comprehensive Plan be ineorpcuatod into this Zoning Code update. The Village recently
undercook a leggthy and ovrnplex proooso to update and adopt the EAR..b;sed enusive Plan.
Florida plar-nittg taw requires that your lagd davelopntent regulations ~ "~vltich includes the Village
Zoning Code, be consistent vvsih the C~sive Plan. Althoggh this wotild require addifioas! time er~d
efiFo[t, I fool it would be more cost-etliciem for the Village i,a the lass rwt. This mart will require an
additional 55,000 to coq~plete.
Timefrnme8 a,rtd number of mbetings will be)argoly dependem on the ultimate tlirocxion of the Village. If
the Village Attorney determines that the Council must also act as the I.,PA to satisfy Florida planning law
requiretnonis, tlnrrt the number of m~oetings rw-71 double. Considering thin, my estimated timeline for
a>~tipletion of the etuin-e process is tlse end of this fiscal year.
JLH Associates has worked consistontiq with the Village since 1983; whiecl~ has included the preparation of
tht Comprehensive Plan, as well as the Zoning Regulrctivns and other L,UR's. JLi~ .ABgoCirxtes feels rt is
uniquely quali>7ed to prepare the Zoning Code update because it has an intimate knowledge of t~ Vi1(age
of TequasRa Ccxiuprehensiva Man and most t+ocem EA,R-based amendnie~ats, a~s~uing the appropriate
Cuotdinatian.between the ptax~ping and zoning doq~rnents.
I hope you look i'hvoraWy upon this proposal and look forward to your t~sponsa
sub
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k.L. ~IotYtintan .
lann~ng~~Cot>suhant
8.~°.i7 S.E. CcxUnut Sr.. • Nvt~e Sound, f=l 3455 ~ (561) 545 Q404 • Fox (5fil) S~i5~~405 _,~