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Home My WebLink AboutMinutes_Local Planning Agency_5/16/2024 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 was called to order by Board Chair, Leslee Dasher at 5:30 p.m. A roll call was taken by Community Development Planner, Catherine Wagner. Present were: Vice-Chair Theresa Maggio, Member Jeanne McEldowney, Alt. 1 Member Marie Sapirie, and Chair Leslee Dasher. Absent were: Member Sherry Ambrose and Member Liz Schauer. APPROVAL OF AGENDA Vice Chair Maggio made a motion to approve the agenda. Member McEldowney seconded the motion. The motion carried unanimously 4-0. APPROVAL OF MINUTES 1. Approval of previous meeting minutes from March 21, 2024 MOTION: Vice-Chair Maggio made a motion to approve; Member McEldowney seconded the motion. Carried unanimously 4-0 (absent: Member Ambrose and Member Schauer). 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 Page 1 of 4 RESTAURANT," "OVERLAY DISTRICT," "FAgADE 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 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, FAgADE, 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, FACPADE, 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, FAPADE, 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. MOTION: Alt. 1 Member Sapirie made a motion to recommended approval contingent upon the conditions, as follows; Uphold previous recommendations (1-6), include a strengthen definition of waiver, and require the Village to accept, or deny, dedication of Civic Open Space. seconded the motion. Fails for a lack of second. unanimously 1-0 Page 2 of 4 (abstained: Vice-Chair Maggio, Member McEldowney, and Chair Dasher) (absent: Member Ambrose and Member Schauer). 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. Vice-Chair Maggio seconded the motion. Carried 3-1 (opposed: Alt. 1 Member Sapirie) (absent: Member Ambrose and Member Schauer). 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 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. 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. 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 approval of the US1 Overlay, and Tequesta Drive Overlay into the official zoning map; Member McEldowney seconded the motion. Carried 3-1 (opposed: Alt. 1 Member Sapirie) (absent: Member Ambrose and Member Schauer). STAFF COMMENTS Page 3 of 4 There were no Staff comments. PUBLIC COMMENTS There were no Public comments. BOARD COMMENTS There were no Board comments. ADJOURNMENT Vice Chair Maggio made a motion to adjourn at 6:58 pm. Member McEldowney seconded the motion. The motion carried unanimously 4-0. J4 Hubsch, AICP Page 4 of 4