HomeMy WebLinkAboutDocumentation_Workshop_Tab 05_10/30/2023Agenda Item #5.
Workshop
STAFF MEMO
Meeting:Workshop - Oct 30 2023
Staff Contact:Jeremy Allen, Village Manager Department:Manager
TITLE
Discussion relating to Formula Restaurants as Part of the Proposed Overlay Code Text Amendment
SUMMARY:
In 2022, Treasure Coast Regional Planning Council (TCRPC) conducted a five-day charrette to
obtain feedback from residents and members of the business community. The feedback obtained
helped mold the recommendations and designs within the report.
On November 2022, the Village Council approved the Commercial Corridor Master Plan. As part of
the recommendation three Overlay Districts were recommended. The three overlay districts were:
US Highway 1 Overlay, Tequesta Drive Overlay, and Village Center Overlay. In each Overlay District
specific code that is unique to each area was proposed. In the Tequesta Drive Overlay and the
Village Center Overlay, Formula Restaurants are recommended to be prohibited; however in the US
Highway 1 Overlay the sameprohibition was contemplated with legal reviewand it was
recommended toallow the Formula Restaurants with specific limitations due case lawand
characteristics of the district:
US Highway 1 Overlay District
(d) Formula Restaurants and Drive Through Buildings.
(1) Drive throughs are permitted in the side and rear of the building and shall screened from
public view by landscaping.
(2) Full-service fuel stations or gasoline service stations shall only be located within the US
Highway 1 Overlay. Full-service fuel stations or gasoline service stations shall be located a
minimum of 500 lineal feet from existing or previously approved stations.
(3) Drive throughs are prohibited in the front of the building except for full-service fuel
stations, which must be screened from public view.
Definitions:
Sec. 78-4. - Retail Food Establishment means any fixed or mobile place or facility at or in
which food or beverage is offered or prepared for retail sale or for service. The definition
includes restaurants, fast food restaurants, carryout restaurants and drive-in restaurants. A
cafeteria shall be deemed a restaurant for purposes of this chapter. (1) Restaurant (6)
Restaurant, formula means any establishment that is one of a chain or group of three or more
restaurants in the nation, and which satisfies at least two of the following three descriptions:
o(1) It has the same or similar name, trade name, or trademark as others in the chain or
group;
o(2) It has standardized and limited menus, ingredients, food and beverage preparation;
o(3) It offers any of the following characteristics in a style that is distinctive to and
standardized among the chain or group:
a. Exterior design or architecture;
Page 35 of 40
Agenda Item #5.
b. Interior design; or
c. uniforms, except that a personal identification or simple logo will not render the
clothing a uniform.
Overlay District means an area of land for which there are uniform regulations governing the
use of buildings and premises, density of development, yard requirements, and height
limitations. layered on top of another existing zoning district, additional standards to all areas
within a defined overlay boundary
Other Considerations:
SB250
The Village is considering several recommendations based on the adopted Master Commercial
Corridor Plan; however in 2023 the State Legislature pass SB 250 which preempts local government
to adopt the codes until October 1, 2024.
Section 14. (1) A county or municipality located entirely or partially within 100 miles of where either
Hurricane Ian or Hurricane Nicole made landfall shall not propose or adopt any moratorium on
construction,reconstruction, or redevelopment ofanyproperty damaged by Hurricane Ian or
Hurricane Nicole; propose or adopt more restrictive or burdensome amendments to its
comprehensive plan or land development regulations; or propose or adopt more restrictive or
burdensome procedures concerning review, approval, or issuance of a site plan, development permit,
or development order, to the extent that those terms are defined by s. 163.3164, Florida Statutes,
before October 1, 2024, and any such moratorium or restrictive or burdensome comprehensive plan
amendment, land development regulation, or procedure shall be null and void ab initio. This
subsection applies retroactively to September 28, 2022.
Hurricane Nicole made landfall in Vero Beach and thus the Village of Tequesta fits within the 100 mile
radius.
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.
BUDGET INFORMATION:
BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA
FUNDING SOURCES: NA IS THIS A PIGGYBACK:
Yes N/A
DID YOU OBTAIN 3 QUOTES?
Yes N/A
COMMENTS/EXPLANATION ON SELECTION NA
ATTACHMENTS:
Follow up memo dormant commerce clause issues with formula restaurants 2023 v2
Page 36 of 40
Agenda Item #5.
Page 37 of 40
Agenda Item #5.
Page 38 of 40
Agenda Item #5.
Page 39 of 40
Agenda Item #5.
Page 40 of 40