HomeMy WebLinkAboutDocumentation_Regular_Tab 13_5/11/2023Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 11 2023
Staff Contact: Nilsa Zacarias, Director of Department: Community Development
Community Development
7
ORDINANCE 06-23, SECOND READING, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 78. ZONING. AT SEC. 78-4. DEFINITIONS. TO REVISE THE EXISTING DEFINITIONS
FOR THE TERMS MAJOR AND MINOR REDEVELOPMENT AND AT SEC. 78-332. PRE -
APPLICATION MEETING; OPTIONAL PRE -APPLICATION REVIEW PROCESS. TO MODIFY THE
SECTION HEADING AND CLARIFY INSTANCES WHEN CONCEPTUAL PRESENTATIONS TO THE
VILLAGE COUNCIL ARE REQUIRED AND AT APPENDIX D. LAND DEVELOPMENT FEE
SCHEDULE. TO CONTEMPLATE BOTH MANDATORY AND OPTIONAL CONCEPTUAL
PRESENTATIONS TO THE VILLAGE COUNCIL AND INCREASE THE FEE FOR BOTH; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER 78. ZONING. AND
APPENDIX D. LAND DEVELOPMENT FEE SCHEDULE. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY
CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
To: Mayor Molly Young and Village Council
From: Nilsa Zacarias, AICP, Community Development Director
Date: April 13, 2023
Ref.: Second Reading — Ordinance 06-23 — Conceptual Presentation Applications
Background
In 2014, the Village adopted Ordinance 42-13, which incorporated conceptual presentations into the
Village Code. The intent of the Ordinance was to provide developers with an opportunity to present
conceptual drawings/ideas to Village Council and obtain feedback prior to submitting a Site Plan Review
application.
The conceptual presentation process (Sec. 78-332. - Pre -application meeting; optional pre -application
review process) was discussed at the Village Council Workshop on November 1, 2022. Based on
Council's feedback, it was recommended that Staff revisit the criteria that would require a conceptual
presentation. Council was in favor of requesting conceptual plans for the major thoroughfares in
Tequesta such as US Highway 1, Tequesta Drive, and Beach Road.
Currently, the existing conceptual plan application fee does not contemplate Staff's review time, since
historically these applications were placed on the Council agenda without review. However, based on
previous discussions with the Village Council, it was advised that Staff should perform a preliminary
review for compliance with certain Code requirements such as height, number of stories, density, open
space, and lot coverage.
Page 445 of 2350
Agenda Item #13.
Based on this feedback from the Village Council, Ordinance 06-23 was drafted for Council's
consideration. The subject ordinance includes Staff's recommendation that conceptual presentations
remain optional except for new development or redevelopment of parcels located on Beach Road, US
Highway 1, Tequesta Drive, Old Dixie Highway, Cypress Drive, and Bridge Road, that meet any of the
following criteria:
a. New development or major redevelopment.
b. Site Plan Review requiring a code text amendment.
In addition, the subject ordinance includes Staff's recommendation to the current $300.00 application
fee to $500.00 to accommodate the preliminary review time.
The subject ordinance was heard by the Local Planning Agency (LPA) at the February 16, 2023
meeting. The Board recommended approval by a 5-0 vote.
The next steps for the proposed Zoning Code text amendment are as follows:
• Village Council First Reading — April 13, 2023
• Village Council Second Reading — May 11, 2023
Enclosed:
1. Village Code Section 78-332 - Pre -application meeting; optional pre -application review process.
2. Ordinance 06-23 - Pre -application meeting; conceptual review process and Land Development
Fee Schedule.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-
0443.
BUDGES INFORMAr 0 KI;�
PROJECT NAME: BUDGET: N/A ENCUMBERED: N/A
Proposed:
N/A
Projected Remaining:
N/A
Conceptual Plan - april council memo
Ord 06-23 Conceptual Presentation Ordinance Second Reading 5-11-23 AMENDED
Page 446 of 2350
Agenda Item #13.
of TfOG�s
4cti couN'�y
VILLAGE OF TEQUESTA
To: Mayor Molly Young and Village Council
From: Nilsa Zacarias, AICP, Community Development Director
Date: April 13, 2023
Ref.: First Reading — Ordinance 06-23 — Conceptual Presentation Applications
Background
In 2014, the Village adopted Ordinance 42-13, which incorporated conceptual presentations into the Village
Code. The intent of the Ordinance was to provide developers with an opportunity to present conceptual
drawings/ideas to Village Council and obtain feedback prior to submitting a Site Plan Review application.
The conceptual presentation process (Sec. 78-332. - Pre -application meeting; optional pre -application review
process) was discussed at the Village Council Workshop on November 1, 2022. Based on Council's feedback,
it was recommended that Staff revisit the criteria that would require a conceptual presentation. Council was
in favor of requesting conceptual plans for the major thoroughfares in Tequesta such as US Highway 1,
Tequesta Drive, and Beach Road.
Currently, the existing conceptual plan application fee does not contemplate Staff's review time, since
historically these applications were placed on the Council agenda without review. However, based on previous
discussions with the Village Council, it was advised that Staff should perform a preliminary review for
compliance with certain Code requirements such as height, number of stories, density, open space, and lot
coverage.
Based on this feedback from the Village Council, Ordinance 06-23 was drafted for Council's consideration. The
subject ordinance includes Staff's recommendation that conceptual presentations remain optional except for
new development or redevelopment of parcels located on Beach Road, US Highway 1, Tequesta Drive, Old
Dixie Highway, Cypress Drive, and Bridge Road, that meet any of the following criteria:
a) New development or major redevelopment.
b) Site Plan Review requiring a code text amendment.
In addition, the subject ordinance includes Staffs recommendation to the current $300.00 application fee to
$500.00 to accommodate the preliminary review time.
1
Page 447 of 2350
Agenda Item #13.
The subject ordinance was heard by the Local Planning Agency (LPA) at the February 16, 2023 meeting. The
Board recommended approval by a 5-0 vote.
The next steps for the proposed Zoning Code text amendment are as follows:
• Village Council First Reading —April 13, 2023
• Village Council Second Reading — May 11, 2023
Enclosed:
1. Village Code Section 78-332 - Pre -application meeting; optional pre -application review process.
2. Ordinance 06-23 - Pre -application meeting; conceptual review process and Land Development Fee
Schedule.
2
Page 448 of 2350
Agenda Item #13.
ORDINANCE 06-23
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES
AT CHAPTER 78. ZONING. AT SEC. 78-4. DEFINITIONS. TO REVISE THE
EXISTING DEFINITIONS FOR THE TERMS MAJOR AND MINOR
REDEVELOPMENT AND AT SEC. 78-332. PRE -APPLICATION MEETING;
OPTIONAL PRE -APPLICATION REVIEW PROCESS. TO MODIFY THE
SECTION HEADING AND CLARIFY INSTANCES WHEN CONCEPTUAL
PRESENTATIONS TO THE VILLAGE COUNCIL ARE REQUIRED AND AT
APPENDIX D. LAND DEVELOPMENT FEE SCHEDULE. TO CONTEMPLATE
BOTH MANDATORY AND OPTIONAL CONCEPTUAL PRESENTATIONS TO
THE VILLAGE COUNCIL AND INCREASE THE FEE FOR BOTH; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF
CHAPTER 78. ZONING. AND APPENDIX D. LAND DEVELOPMENT FEE
SCHEDULE. SHALL REMAIN IN FULL FORCE AND EFFECT AS
PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, currently the Village Code provides for an optional pre -application review
process which contemplates an optional presentation to the Village Council; and
WHEREAS, with increasing development and redevelopment trends in the Village,
particularly along the Beach Road, US Highway 1 and Tequesta Drive corridors, required
conceptual presentations to Village Council are appropriate under certain circumstances; and
WHEREAS, the Village Council desires to adopt such a revision to the Village's Zoning
Code and Appendix D; and
WHEREAS, 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.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article I. In General. by amending Sec. 78-4. Definitions. to revise the
existing definitions for the terms major and minor redevelopment; providing that Sec. 78-4 shall
hereafter read as follows:
Sec. 78-4. - Definitions.
The following words, terms and phrases, when used in this chapter, unless otherwise
specified, shall have the meanings ascribed to them in this section, except where the context
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Page 449 of 2350
Agenda Item #13.
clearly indicates a different meaning. All words used in the present tense include the future; all
words in the singular number include the plural and the plural the singular. The word "building"
includes the word "structure." The word "shall" is mandatory. The word "person" includes a firm,
corporation or municipal corporation as well as a natural person. The word "map" shall mean
the official zoning map of the village. The term "council" shall mean the Council of the Village of
Tequesta and the word "village" shall mean the Village of Tequesta, a municipal corporation of
the State of Florida. The word "used" shall be deemed to include the words "arranged, designed
or intended to be used," and the word "occupied" shall be deemed to include the words
"arranged, designed or intended to be occupied." Any word or term not interpreted or defined by
this section shall be used with a meaning of common or standard utilization.
Redevelopment, major, means alteration, extension, enlargement or renovation e#�
n�non+ nr Moro of An ov�t� n rlo�lnnmon+ nr nrn�ozrwhich has a redevelopment cost which
equals or exceeds 50 percent of the assessed value of the existing development prior to
commencing any redevelopment activity.
Redevelopment, minor, means alteration, extension, enlargement or renovation
thAn1%.411 En MAIM -A%-,%, r%.FI WWInt of 7n oW,QWff%IWt. nNZI rloV4Q1nnMo%AW V WIWVI I IWInt nr nMm4Q_r++VI which has a redevelopment cost which is
less than 50 percent of the assessed value of the existing development prior to commencing
any redevelopment activity.
[All other definitions shall remain the same as previously adopted.]
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX. Supplemental Regulations. Division 2. Site Plan Review. by
amending Sec. 78-332. Pre -application meeting; optional pre -application review process. to
modify the section heading and clarify instances when conceptual presentations to the Village
Council are required; providing that Sec. 78-332 shall hereafter read as follows:
Sec. 78-332. Pre -application meeting; ^ntocinni nraIwo %W-�hn10a:at n conceptual review
process.
(a) A pre -application meeting called by the community development director between
appropriate village officials, the landowner or representative, and other entity
representatives deemed appropriate shall be required prior to application submittal for
site plan review to ensure proper coordination, intention and understanding in the
development of land and buildings and to consider compliance with applicable village
2
Page 450 of 2350
Agenda Item #13.
regulations. See section 78-331(g) for a list of possible pre -application meeting
attendees. The applicant is responsible for properly notifying the various affected
agencies in the list of the time, place and subject of the pre -application meeting.
(b) Prior to submitting a site plan review application and committing the resources required
to proceed through the site plan review application process as required by section 78-
334, an applicant may choose to participate in the following a0 n conceptual
plan review process in order to gauge interest in theme proposed project.
(1) Conceptual presentation. Based on the outcome of the pre -application meeting, the
applicant may request to present a conceptual site plan to the village council in order
to receive further input. Projects on Beach Road. US Highway 1, Teguesta Drive, Old
Dixie Highway, Cypress Drive, and Bridge Road that contemplate any of the
following shall submit a conceptual site plan to the village council for input:
pJ New development or major redevelopment.
W Site Plan Review requiring a code text amendment.
This conceptual presentation is not a quasi-judicial proceeding, and no action shall
be taken by the village council beyond a discussion with the applicant. Neither the
outcome of this conceptual presentation, nor any comments made during this
conceptual presentation by any village council member or village staff is a guarantee
or assurance in any way of the final action that may be taken by the village council
pursuant to a formal application for site plan review as provided in section 78-334.
(2) Prior to being placed on a village council agenda for a conceptual presentation, the
applicant shall submit the following:
a. Processing fee in an amount as established by resolution of the village council
and on file in the village clerk's office.
b. Five copies of sketches and diagrams sufficient to convey the conceptual
site plan to the village council. This mG.Pshall include a site plan indicating the
height, number of stories, density, number of units, open space, lot coverage
calculations, floor plans and/or surveys.
C. Five copies of a brief explanation that the proposed site plan complies
with village code, including aesthetic considerations.
3
Page 451 of 2350
Agenda Item #13.
Section 3: Appendix D. Land Development Fee Schedule. of the Code of
Ordinances of the Village of Tequesta is hereby amended to contemplate both mandatory and
optional conceptual presentations to the Village Council and increase the fee; providing that
Appendix D shall hereafter read as follows:
APPENDIX D LAND DEVELOPMENT FEE SCHEDULE'
1.
Administrative Charges:
a.
Residential and commercial zoning review fees
1 % of the
construction
valuation
b.
Tree removal permit review
$0.00
C.
Zoning inspection fee (as required)
100.00
d.
Land development pre -application meetings
300.00
e.
D RC meeting
400.00
f.
Zoning determination letter
50.00
9.
Special event permit
i Under 200 attendees
40.00
ii Over 200 attendees
100.00
h.
Special exception use Administrative approval
300.00
i.
Vegetation removal and land clearing permit (per Sec.
50.234)
i) Flat fee commercial and multi -family development
200.00
+ 40 per acre for
land clearing
ii Single family dwelling -New construction
100.00
j.
Site Plan Modification Administrative approval
50.00
k.
Vacation rental permit
i Annual permit fee per bedroom
200.00
ii Initial inspection
100.00
First re -inspection
150.00
iv) Second or subsequent re -inspection
250.00
2.
a.
Annexation. No fee required
0.00
b.
Contraction de -annexation
500.00
3.
Reserved
4.
Planning and Zoning Board:
a.
Minor site plan review/modification final approval)
300.00
i For each resubmittal
100.00
b.
Site plan review recommendation for approval
500.00
i For each resubmittal
250.00
C.
Variances and waivers
i Single family dwelling
300.00
ii Each landscape waiver
125.00
5.
Village Council:
a.
Mandatory Goptional conceptual presentation to
village council 14.^r S.noGial eXGA.3.,Mt,G..R use and sita,�
500.00390.09
'Editor's note(s)-Per the city's request, the land development fees are herein set out.
Cross reference(s)-Land development fees, § 62-181 et seq.
El
Page 452 of 2350
Agenda Item #13.
b.
Application review fee
300.00
C.
For each resubmittal
250.00
d.
Special exception use (plus application fee)
500.00
i) Adult entertainment establishment application
processing fee
15000.00
e.
Site plan review: (application feeplus)
$0.00 to $93999.99
700.00
$10, 000.00 to $49, 999.99
2)000.00
$50, 000.00 to $99, 999.99
3)000.00
$100, 000.00 to $199, 999.99
45000.00
Over $200, 000.00
55000.00
f.
Environmental study review (per Sec. 50-39)
i) Base fee (not inclusive of any additional costs
necessary to complete review process)
500.00
9.
Variances and waivers:
i Duplex dwelling
750.00
ii Multi -family dwell in /commercial
1,000.00
iii Each landscape waiver
125.00
h.
Rezoning of land
25000.00
i.
Zoning code text amendment
2,000.00
6.
Expedited site plan review: In addition to the applicable site plan
review fee listed above
15000.00
7.
Subdivision of land/plat:
15000.00
Plus per lot
15.00
i Re-plat/lot-split
500.00
8.
Comprehensive plan amendment/land use change: Base fee
55000.00
Plus additional professional fees as may be determined
in order to complete the process.
9.
Development Order Time Extensions Allowed by Village Code:
i Variance
250.00
ii) Special exception use
250.00
iii) Site plan review: One-half of original base site plan
review fee
10.
Additional costs:
a.
To cover all additional administrative costs, actual or anticipated, including, but
not limited to, engineering fees, consultant fees and special studies, the applicant
shall compensate the village for all such costs prior to the processing of the
application or not later than 30 days after final application approval whichever is
determined as appropriate by the village. Failure to make such payment may be
grounds for not issuing a building or zoning permit, certificate of occupancy or
completion.
b.
Costs associated with advertising for public hearings and other public notice
requirements are the responsibility of the applicant.
11.
Fee reduction for certain not -for -profit entities.
Fees for property owners that are 501 c 3 entities shall be reduced by 50%.
12.
Reduction or Waiver of Certain Fees by the Village Council:
Notwithstanding the above provisions of this Fee Schedule, the Village Council
may, from time to time, upon written request of the applicant, reduce or waive
applicable fees for application resubmittals to either the Planning & Zoning Board
or the Village Council, or for requests for development order time extensions
when extenuating circumstances exist, which were not caused by action or
inaction of the applicant, and that warrant the granting of relief in the sole
discretion of the Village Council. All such requests shall be reviewed on a case -
Page 453 of 2350
Agenda Item #13.
by -case basis. Any relief granted by the Village Council pursuant to this provision
may be up to full amount of the applicable fee or any fraction thereof, in the sole
discretion of the Village Council.
Section 4: Each and every other section and subsection of Chapter 78. Zoning. And
Appendix D. Land Development Fee Schedule. shall remain in full force and effect as previously
adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 6: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon adoption.
no
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