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Home My WebLink AboutDocumentation_Local Planning Agency_Tab 01_6/20/2024 Agenda Item #1. Local Planning Agency �F STAFF MEMO Meeting: Local Planning Agency - Jun 20 2024 Staff Contact: Jay Hubsch Department: Community Development May 2024 Local Planning Agency Minutes May 2024 Local Planning Agency Minutes 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 n/a AMOUNT AVAILABLE n/a EXPENDITURE AMOUNT: n/a FUNDING SOURCES: n/a IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONn/a May 2024 Local Planning Agency Minutes Page 3 of 33 Agenda Item #1. i `Y MINUTES LOCAL PLANNING AGENCY MEETING VILLAGE OF TEQUESTA, FL May 16, 2024 5:30 PM Council Chambers CALL TO ORDER AND ROLL CALL The meeting commenced at 5:30 p.m., with Board Chair Leslee Dasher presiding. Planner Meg Wyble conducted the roll call. Present were Board Chair Leslee Dasher, Vice Chair Teresa Maggio, Board Members, Jeanne McEldowney and Marie Sapirie. Absent were Members Sherry Ambrose and Elizabeth Schauer. Alternate Marie Sapirie, designated as Alternate 1, served as a voting member. Also absent were Alternates Marco Valdez and Jared Gaylord. Also in attendance were Village Attorney Dylan Brandenburg, Community Development Director Jay Hubsch, and Planner Meg Wyble. APPROVAL O F AGENDA MOTION: Vice Chair Maggio made a motion to approve the agenda. Member McEldowney seconded the motion. The motion carried unanimously 5-0. 1. APPROVAL OF MINUTES MOTION: Vice Chair Maggio made a motion to approve the previous meeting minutes from March 21, 2024. Member McEldowney seconded the motion. The motion carried unanimously 5-0. AGENDA ITEMS 2. ORDINANCE NO. 1-24: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 78. ZONING. TO ADOPT NEW OVERLAY ZONING THAT IMPLEMENTS CERTAIN RECOMMENDATIONS CONTAINED IN THE OCTOBER 2022 VILLAGE OF TEQUESTA COMMERCIAL CORRIDOR MASTER PLAN AS PREPARED BY THE TREASURE COAST REGIONAL PLANNING COUNCIL AND ADOPTED BY THE VILLAGE COUNCIL ON NOVEMBER 10, 2022; SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: 78-4 DEFINITIONS. BY ADOPTING NEW DEFINITIONS FOR "FORMULA BUSINESS," "FORMULA RESTAURANT," "OVERLAY DISTRICT," "FACADE TRANSPARENCY," AND "CIVIC OPEN SPACE;" 78-96 DISCONTINUANCE OF NONCONFORMING USES. BY ADDING LANGUAGE TO EXPLAIN THE CONTINUATION OF NON-CONFORMING USES IN AN OVERLAY ZONE; 78-176 C-1 NEIGHBORHOOD COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-177 C-2 COMMUNITY COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY Page 4 of 33 Agenda Item #1. ZONING; SEC. 78-178 C3 GENERAL COMMERCIAL DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING; SEC. 78-180 MU MIXED USE DISTRICT. BY ADDING PERMITTED AND SPECIAL EXCEPTION USE REGULATIONS APPLICABLE TO OVERLAY ZONING, AND RESOLVING ANY CONFLICT BETWEEN MU ZONING AND OVERLAY ZONING IN FAVOR OF OVERLAY ZONING; FURTHER CREATING AN ENTIRELY NEW ARTICLE VI DIVISION 3 ENTITLED "OVERLAY DISTRICTS." WITH NEW CODE SECTIONS 78-201 THROUGH 78-204; ADOPTING SEC. 78-201 "TEQUESTA DRIVE OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-202 "US HIGHWAY 1 OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; ALSO ADOPTING SEC. 78-203 "VILLAGE CENTER OVERLAY," CREATING AND DEFINING THIS OVERLAY DISTRICT, PROVIDING PURPOSE AND INTENT, PROVIDING DESIGN, SETBACK, FACADE, PARKING, FORMULA BUSINESS AND RESTAURANT, OPEN SPACE, AND LANDSCAPING GUIDELINES; PROVIDING FOR PAYMENT IN LIEU OF CERTAIN OPEN SPACE REQUIREMENTS; PROVIDING FOR WAIVERS; RESOLVING ANY CONFLICT BETWEEN GENERAL REGULATIONS AND OVERLAY ZONING REGULATIONS IN FAVOR OF OVERLAY ZONING REGULATIONS; AND ADOPTING SEC. 78-204 "WAIVERS" TO PROVIDE A PROCESS FOR OBTAINING WAIVERS FROM THE VILLAGE COUNCIL FROM CERTAIN OVERLAY DISTRICT REQUIREMENTS, PROVIDING FOR AN APPLICATION, AND PROVIDING CRITERIA FOR THE GRANTING OF A WAIVER; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. 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. Village Attorney Dylan Brandenburg introduced Ordinance 1-24. Village of Tequesta Community Development Director Jay Hubsch gave a presentation about the proposed Ordinance, which will create zoning overlays in the Village. Director Hubsch told the board that the proposed Ordinance was created based on recommendations from the Village's Commercial Master Plan, which was adopted in 2022. Director Hubsch informed the board that after receiving feedback from local businesses, an additional workshop was held on April 29, 2024. Director Hubsch then introduced the proposed minor changes that were a result of the April 29 workshop, to the board. These changes included; increasing the formula business number from 3 to 10, defining waiver versus variance, increasing the non-conforming business allowance from 90 days to 180 days, establishing that permitted uses are allowed to continue in their location, and clarification on open space dedications regarding owner/Village liability. After Director Hubsch completed his presentation, the board opened for discussion. Member Sapirie requested that Village Attorney Dylan Brandenburg clarify that the waiver process is in addition to the variance process, not a substitution for the variance process. Mr. Brandenburg replied that the Page 5 of 33 Agenda Item #1. statement was correct, the waiver process would not substitute the variance process. Member Sapirie then suggested strengthening the definition of waiver to prevent loopholes. Additionally, Member Sapirie would like to see specific language regarding the Villages' acceptance of open space dedication, and the ability to not accept. Board Chair Dasher then pointed out that any waivers would still come through the Land Planning Agency first, allowing for additional input. Chair Dasher also agreed that the Village should have the ability to deny grandiose open space plan dedications. Director Hubsch, in agreement with Mr. Brandenburg recommended that the Board re-recommend their suggestions from the previous meeting and then add additional conditions. There was public comment. PUBLIC COMMENTS Thomas Frankel, Paradise Park co-owner, expressed concerns regarding the Overlay and the taking of rights from the land owner. Mr. Frankel stated that the intention in developing the land is to provide a significant civic benefit, and work alongside the Village. However, in order to do that they would need to be provided with appropriate waivers to compensate for the adjustments. Mr. Frankel expressed that his main concern was that the Village Center Overlay is not ready to move forward as it is too restrictive on developers. Phil Perko, Paradise Park co-owner, expressed his concerns regarding the Village Center Overlay. Mr. Perko encouraged the Board to provide incentives for builders and to focus on responsible development. Ryan Frankel, employee of Thomas Frankel, questioned where the desire for the formula business restriction came from, as the 2023 and 2024 survey provided a mixture of responses. Community Development Director, Jay Hubsch, responded that the overlays were produced from the 2022 Master Plan. BOARD COMMENTS Community Development Director Jay Hubsch offered to answer any questions that the board may have. Member McEldowney requested that Director Hubsch provide his thoughts on the matter. Director Hubsch, provided an example of a previous experience from a different municipality where the board moved forward with two out of the three overlays in order to continue working on the third overlay. Member McEldowney liked the idea of continue to work on the Village Center Overlay. Village Attorney Dylan Brandenburg summarized that the Board would like to provide Council with the following recommendation; adoption of the two overlays, while requesting additional time to work on the Village Center Overlay, with the community and the owners of the Paradise Park Property. Member Sapirie expressed her concerns that if the Village Center Overlay was separated it potentially would not get passed. Vice Chair Teresa Maggio agreed that further communication with the owners would be beneficial. Board Chair Dasher, expressed that she found the Village Center Overlay restrictive and would recommend further communication to take place. FIRST MOTION: Member Sapirie made a motion to recommend the previous recommendations (1- 6), include a strengthened definition of waiver, and require the Village to accept, or deny, the dedication of Civic Open Space. 1. Update the definition of"Open space, civic" to say"Open space, civic means an outdoor area that is maintained as an urban amenity and is accessible to the general public during reasonable hours". Page 6 of 33 Agenda Item #1. 2. Update Section 78-204 (Waivers), to clarify that the Planning and Zoning Board shall review and make recommendations on waivers to Village Council as part of the site plan approval process. 3. Make it clear that while the Village may allow the dedication of civic open space to the Village for maintenance and operations, the Village Council does not have to accept the dedication of civic open space. 4. Reduce the size of properties that are eligible to request a payment in lieu of civic open space from 2 acres to 1 acre. 5. Make it clear that civic open space cannot have artificial turf. 6. Establish criteria for when the 80/20 residential/commercial mix can be relaxed in the MU District. 7. Strengthen the definition of waiver. 8. Add Villages acceptance, or refusal, of Civic Open Space dedications. There was no second. The motion failed for lack of a second. SECOND MOTION: Member McEldowney made a motion to recommend the previous recommendations (1-6), exclude the Village Center Overlay for additional workshopping, strengthen the definition of waiver, and require the Village to accept, or deny, the dedication of, Civic Open Space. 1. Update the definition of"Open space, civic" to say"Open space, civic means an outdoor area that is maintained as an urban amenity and is accessible to the general public during reasonable hours". 2. Update Section 78-204 (Waivers), to clarify that the Planning and Zoning Board shall review and make recommendations on waivers to Village Council as part of the site plan approval process. 3. Make it clear that while the Village may allow the dedication of civic open space to the Village for maintenance and operations, the Village Council does not have to accept the dedication of civic open space. 4. Reduce the size of properties that are eligible to request a payment in lieu of civic open space from 2 acres to 1 acre. 5. Make it clear that civic open space cannot have artificial turf. 6. Establish criteria for when the 80/20 residential/commercial mix can be relaxed in the MU District. 7. Strengthen the definition of waiver. 8. Add Villages acceptance of Civic Open Space dedications. 9. Exclude the Village Center Overlay for continued workshopping. Vice Chair Maggio seconded the motion. Motion passed 3-1. 3. ORDINANCE 02-24: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, CREATING THREE NEW OVERLAY ZONES WITHIN AND OVER THE VILLAGE OF TEQUESTA'S COMMERCIAL CORRIDORS: THE TEQUESTA DRIVE OVERLAY, THE US HIGHWAY ONE OVERLAY, AND THE VILLAGE CENTER OVERLAY; PROVIDING FOR THE ADOPTION OF SAID OVERLAY ZONES AND THEIR APPLICABILITY TO PROPERTIES LOCATED IN THE UNDERLYING PORTIONS OF THE C-1, C-2, C-3 AND MU ZONING DISTRICTS; PROVIDING THAT THE ZONING MAP OF THE VILLAGE OF TEQUESTA BE Page 7 of 33 Agenda Item #1. AMENDED TO REFLECT THE ADOPTION AND APPLICABILITY OF EACH OVERLAY ZONE; PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Village Attorney Dylan Brandenburg introduced Ordinance 02-24 to the Board. Community Development Director Jay Hubsch provided an overview of the proposed Ordinance. Board Chair Dasher opened the floor to public comment. PUBLIC COMMENTS Thomas Frankel, Paradise Park co-owner, reiterated his stance on the proposed Overlay and applauded the Boards decision to recommend further workshopping on the Village Center Overlay. Philip Perko, Paradise Park co-owner, further expressed his concern with the Village Center Overlay and encouraged the Board to recommend continued workshopping on this Overlay specifically. BOARD COMMENTS Member Sapirie questioned co-owner of Paradise Park, Thomas Frankel, if it would be impossible with the proposed Overlay to receive a return on investment. Mr. Frankel responded that it would be difficult, impossible isn't a fair word to use. Member Sapirie then questioned co-owner, Philip Perko, to identify the uncertainties captured in the Village Center Overlay. Mr. Perko responded that the uncertainty comes from investors who do not want to risk their finances on a project that may not be approved by Council. MOTION: Vice Chair Maggio made a motion to recommend to accept the US1 Overlay, and Tequesta Drive Overlay into the official zoning map. Member McEldowney seconded the motion. Motion passed 3-1. ADJOURNMENT MOTION: Vice Chair Maggio made a motion to adjourn at 6:58 pm. Member McEldowney seconded the motion. The motion carried unanimously 5-0. Page 8 of 33