The URL can be used to link to this page

Home My WebLink AboutOrders_Waiver_1/8/2026_SUA 01-25_ ORDERI OF THE VILLAGE OF TEQUESTA STORMWATER MANAGEMENT UTILITY BOARD REQUEST FOR APPEAL FILED: Village of Tequesta Date. 11 a,I o?� CASE NO.: SUA O 1-25 Time: ri''3,2 Am IN RE: TEQUESTA TRACE CONDOMINIUM ASSOCIATION,INC 2 PROPERTY LOCATION: Generally, the condominium development located at the northeast corner of Old Dixie Highway and Tequesta Drive,Tequesta,FL 33469, as is more particularly described in the Declaration of Condominium in the Public Records of Palm Beach County,Florida,at Official Records Book 14137, beginning on Page 77. LEGAL DESCRIPTION: TEQUESTA TRACE CONDOMINIUM SUBDIVISION as further described in the Declaration of Condominium in the Public Records of Palm Beach County, Florida, at Official Records Book 14137, beginning on Page 77. PARCEL CONTROL NUMBER: 60-43-40-30-51-OXX-XXXX3 APPEAL REQUESTED: Appeal of the Utility Director's decision to allow a 50% reduction in the assessed stormwater utility fee assessment for all Tequesta Trace Condominium Units, and instead impose a 100%waiver of said fees. ORDER DENYING APPEAL OF 100% FEE WAIVER/UPHOLDING 50% FEE WAIVER WITH CONDITIONS This cause came on to be heard upon the above appeal and the Tequesta Village Council sitting as the Stormwater Management Utility Board having considered the evidence presented by the 1 This is a revised Order which corrects certain information with the corporate name of the condominium association, the legal description of the subject property,and the parcel control number identification of the subject property as contained in the originally rendered Order. The findings,conclusions,and relief granted by the original Order remain unchanged in this Order. 2 The Tequesta Trace Condominium Association,Inc.brought the appeal to the Stormwater Management Utility Board, on behalf of itself and all unit owners that are assessed stormwater utility fees by the Village of Tequesta. All relief granted by this Order is intended to apply to both the Association and to all individual Tequesta Trace Condominium units to the extent that Village of Tequesta Stormwater Utility fees are assessed upon them. 3 This partial parcel control number is meant to reference common areas of the Tequesta Trace Condominium since it was the Tequesta Trace Condominium Association that brought the appeal to the Stormwater Management Utility Board. It is the intent of the Stormwater Management Utility Board for this Order to also apply to all parcel control numbers for individual condominium units within the Tequesta Trace Condominium neighborhood that are assessed stormwater utility fees by the Village of Tequesta. Page 1 appellant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council sitting as the Stormwater Management Utility Board, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL SITTING AS THE STORMWATER MANAGEMENT UTILITY BOARD FINDS AS FOLLOWS: 1. The subject property is located in the MU Mixed Use Zoning District in the Village of Tequesta. 2. The appellant has submitted all documents required by the Village's Code of Ordinances, Sec. 74-209 for appellate review. 3. The application for appeal and all supporting documentation and presentation materials as reviewed by the Village Council sitting as the Stormwater Management Utility Board at its January 8, 2026 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Village Code Section 74-209, the Village Council sitting as the Stormwater Management Utility Board has the right, power, and authority to hear appeals of decisions of the Utility Director that deny a waiver or reduction in assessed stormwater utility fees and act upon such appeals. 5. The appellant has applied for an appeal of the Utility Director's decision to allow a 50% reduction in stormwater utility fees upon all Tequesta Trace Condominium Property and Units and seeks a 100%waiver of all such fees. 6. When reviewing denials of requests for adjustment, Village Code Section 74-209(b) requires the stormwater utility board to apply the following standards and review criteria: (1) Existing or special characteristics of the site or parcel for which the adjustment request is made; (2) The amount of on-site impervious area; (3) Twenty-five-year frequency,24-hour duration storm criteria will be the minimum standard recognized by the director; (4) Ponds, exfiltration systems or positive drainage facilities must meet applicable village, state and federal requirements, including groundwater protection devices and outfall treatment conveyance systems required by all governing bodies; Page 2 (5) Ponds, exfiltration systems or positive drainage facilities must be maintained according to village standards, and must function in accordance with the required village design standards; and (6) Adjustments will not be granted for swimming pools, reflecting pools, existing open ditch systems and swales. HAVING APPLIED THE ABOVE CRITERIA TO THE EVIDENCE IN THE RECORD, IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA SITTING AS THE STORMWATER MANAGEMENT UTILITY BOARD AS FOLLOWS: Regarding criteria(1) and(2) above,the stormwater drainage for the total impervious area on the site of the subject property is self-contained; however, the Village's stormwater drainage and pollution control systems abut and are available to assist the self-contained system,thereby providing a benefit to the subject property. Regarding criteria (3) above, the director has utilized at a minimum, the twenty-five-year frequency, 24-hour duration storm criteria, and has in fact exceeded that criteria. However, it is the intent of the Village Council, sitting as the Stormwater Management Utility Board, to require the appellant to comply with the twenty-five-year frequency,24-hour duration storm criteria for purposes of monitoring and reporting on the condition of its internal system. Regarding criteria (4) and (5) above, the Tequesta Trace Condominium Association shall annually report to the Utility Director on the status of these internal systems and document via engineer certification that the system is maintained and operating in accordance with the twenty-five- year frequency, 24-hour duration storm criteria. Regarding criteria (6) above, the Village Council, sitting as the Stormwater Management Utility Board,finds that Adjustments have not been granted for,and will not be granted for swimming pools, reflecting pools, existing open ditch systems and swales. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Page 3 For the foregoing reasons, the Utility Director's proposed 50%rate reduction adjustment for the Tequesta Trace Condominium Association common elements and all units within said condominium is upheld on the condition that the appellant annually report to the Utility Director on the status of its internal systems and document via engineer certification that the system is maintained and operating in accordance with the twenty-five-year frequency, 24-hour duration storm criteria. In the event that the appellant fails to submit annual reports that establish this requirement,the 50%rate reduction shall automatically terminate. * The term applicant(s)as used herein shall include all successors and assigns. DONE AND ORDERED THIS d DAY OF JANUARY 2026. MAYOR MOL OUNG, CHAIR, STO WATER MANAGEMENT UTILITY BOARD VILLAGE OF TEQUESTA F ,,,,,, � ........ .. FQ , °Q .:-OAP Oq G LORI MCWILLIAMS,MMc SEAL VILLAGE CLERK '.INCORPORATED '' OF Ftill Page 4