HomeMy WebLinkAboutDocumentation_Regular_Tab 17_5/14/2026 Agenda Item #17.
Regular Council
A-1
STAFF MEMO
Meeting: Regular Council - May 14 2026
Staff Contact: Jay Hubsch Department: Community Development
ORDINANCE NO. 08-26: FIRST READING: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE VII —
PLANNED RESIDENTIAL DEVELOPMENTS (PRD); CREATING AN ENTIRELY NEW SECTION 78-
229 — PRD WAIVERS; CREATING A PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS
FROM PRD REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE MET; PROVIDING
THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78 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.
Ordinance No. 08-26 includes updates to Chapter 78 (Zoning) of the Village Code. This ordinance is
part of a broader, comprehensive code update that will amend several chapters of the Village Code.
Each chapter amendment will be adopted through a separate ordinance, with approximately eight (8)
ordinances anticipated as part of this initiative.
Due to the volume of revisions and the number of code sections being amended, Village staff
proposes to adopt the code updates in three (3) phases to improve clarity, efficiency, and ease of
review for the Planning and Zoning Board and Village Council. Two ordinances were previously
approved by the Village Council at the April 9, 2026, meeting. Two additional ordinances will be
forthcoming at future Village Council meetings.
Summary of Chapter 78 Definition Updates in Ordinance 08-26:
Ordinance No. 08-26 amends Chapter 78 of the Village Code by creating a new Section 78-229 to
establish a formal waiver process for Planned Residential Developments (PRDs). The intent of the
ordinance is to provide flexibility from certain development standards where appropriate, while
maintaining critical requirements such as building height, density, concurrency, and environmental
protections. This process is designed to allow flexibility in site design and promote community
benefits, including enhanced architectural quality, pedestrian amenities, open space, and
preservation of environmentally sensitive lands.
The Village has historically granted deviations from code standards within PRDs, most recently at
The Reserve. However, these deviations were considered on a case-by-case basis without clearly
defined review criteria. Formalizing a review process for waivers within PRDs will provide the
Planning and Zoning Board and Village Council with a consistent framework to evaluate whether a
waiver is appropriate. Similar waiver provisions currently exist within Planned Commercial Districts
(PCDs) and zoning overlay districts.
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Agenda Item #17.
Under the new provisions, applicants may request waivers as part of a PRD development application,
subject to review by the Planning and Zoning Board and final approval by the Village Council. Waiver
requests must be submitted in writing and demonstrate consistency with the Comprehensive Plan,
alignment with the intent of PRD regulations, and the provision of clear public benefits. Requests
must not be based solely on economic considerations and must ensure compatibility with surrounding
land uses.
The Village Council retains the authority to impose conditions or safeguards to mitigate impacts and
ensure compliance with the overall intent of the zoning code. If a waiver is denied, the Council is
required to provide a clear record of the reasons for denial based on the established criteria. Overall,
the ordinance provides a structured and transparent framework for evaluating deviations from PRD
standards while protecting the public health, safety, and welfare.
Planning and Zoning Board Recommendation
The Planning and Zoning Board, sitting as the Local Planning Agency reviewed Ordinance 08-26 at
its April 16, 2026 meeting and recommended approval by a vote of 5-0.
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BUSINESS IMPACT ESTIMATE Tequesta Ordinance 08-26
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Agenda Item #17.
ORDINANCE NO. 08-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE
VII — PLANNED RESIDENTIAL DEVELOPMENTS (PRD); CREATING
AN ENTIRELY NEW SECTION 78-229 — PRD WAIVERS; CREATING A
PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS FROM
PRD REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE
MET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78 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, the Village has created Planned Residential Development ("PRD")
regulations to allow for and encourage innovative development and to allow for a variety of
architectural styles, while preserving natural features, scenic area, and land consumption; and
WHEREAS, deviations from the PRD standards may sometimes be necessary or
desirable in order to encourage community benefits, architectural design, pedestrian amenities,
preservation of environmentally sensitive lands, provision of public parks and open space, and
reduced impacts on village services;
WHEREAS, a PRD waiver process would allow for such deviations while maintaining
building height, density, concurrency, and environmental land requirements;
WHEREAS, the Village Council of the Village of Tequesta finds the adoption of the
definitions sections of Chapter 78 will generally promote the public health, safety and welfare of
the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 78 — Zoning. of the Code of Ordinances of the Village of Tequesta is
hereby amended at Article VII. — Planned Residential Developments (PRD); To amend create an
entirely new Section 78-229. —PRD Waivers. which shall hereafter read as follows:
Section 78-229.-PRD Waivers
(1) Waivers. As a basis for the preparation of an application for special exception
approval, conceptual plan approval, site plan approval, or any future modifications
thereto, which may occur subsequent to the initial review and PRD approval, the
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Agenda Item #17.
development of the PRD shall be guided by the regulations contained in this
section, together with the requirements of sections 78-221 through 78-228.
However, as part of the site plan review and approval process, the village council
may waive regulations for the PRD set forth in this article, except for building
height requirements, density requirements, requirements associated with
concurrency management, and requirements for the preservation of
environmentally sensitive lands provided that the spirit and intent of this chapter
are complied with in the total development of the PRD, and community benefits
such as architectural design, pedestrian amenities, preservation of environmentally
sensitive lands, provision of public parks and open space, or mixed uses result in
reduced impacts on village services are demonstrated. For purposes hereof, a
waiver is defined as a reduction in a development standard or other land
development requirement normally required by this article.
(2) Waiver procedure. The grant of a waiver from the requirements applicable to a
PRD, shall be made by the village council, following an advisory recommendation
by the village planning and zoning board. All requests for waivers must be
submitted in writing and accompany a development order application for the PRD.
A request for the village council to approve a waiver from one or more of the
standards and requirements applicable to a PRD, shall comply with a maj oritof
the criteria listed below:
a. The request is consistent with the village's comprehensive plan.
b. The request is consistent with the purpose and intent of this article.
c. The request supports and furthers the village's goals, objectives, and policies of
a PRD as set forth in section 78-221 through 78-228, and other standards set
.e
forth in this article, which include, but are not limited to, pedestrian amenities
increased open spaces, architectural significance, and the limited development
of certain commercial areas with a combination of appropriate commercial
uses together with fee-simple, residential uses, which by virtue of the planned
combined-use development, are uniquely compatible, harmonious, and
mutually complimentary.
d. The granting of the request will not result in a development that exceeds one or
more of the minimum requirements for a PRD.
e. The request results from innovative design in which other minimum standards
are exceeded.
f. The request clearly demonstrates the public benefits to be derived, including
but not limited to, the use of desirable architectural, building., and site design
techniques.
Sufficient screening and buffering, if required, are provided to screen adjacent
uses from adverse impacts caused by the request.
h. The request is not based solely or predominantly on economic reasons and
there are special circumstances and conditions that warrant the waiver.
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Agenda Item #17.
i. The request will be compatible with existing and potential land uses adjacent
to the development site.
j. The request demonstrates that the granting of the waiver will result in the
preservation of valuable natural resources, including environmentally sensitive
lands, drainage and recharge areas, and coastal areas.
k. The request demonstrates that the development will be in harmony with the
general purpose and intent of this article, and will not be injurious to the area
involved, or otherwise detrimental to public health, safety, and welfare.
The village council may, at its discretion, require adherence to established zoning
v . r
district requirements within certain portions of the site, if deemed necessary in order to
maintain the spirit and intent of this article.
The village council may impose such other conditions and safeguards as it deems
appropriate in conformity with this chapter for the protection of the surrounding
properties and the neighborhood or general welfare of the public. Conditions on a PRD
waiver shall be related to the proposed development and shall be roughly proportional
to the anticipated impacts of the proposed development.
(3) Denial. Should the village council deny a PRD waiver, it shall state fully for the record the
reasons for doing so. Such reasons shall take into account the factors under 78-229(2)(a-k).
Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 4: 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 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall take effect immediately upon adoption.
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Page 263 of 409
Agenda Item #17.
BUSINESS IMPACT ESTIMATE
As required by Sec. 166.041(4), Florida Statutes (2024), this "Business Impact Estimate" is
provided for Ordinance No. 08-26:
ORDINANCE NO. 08-26
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 78. ZONING, ARTICLE
VII — PLANNED RESIDENTIAL DEVELOPMENTS (PRD); CREATING
AN ENTIRELY NEW SECTION 78-229 — PRD WAIVERS; CREATING A
PROCESS FOR APPLICANTS TO APPLY FOR DEVIATIONS FROM
PRD REQUIREMENTS SO LONG AS CERTAIN CONDITIONS ARE
MET; PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTERS 76 & CHAPTER 78 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.
Part I. Summary of the proposed ordinance and statement of public purpose: Ordinance 08-26
creates a PRD Waiver process in section 78-229 of the Village Code.
Part II.Estimate of the direct economic impact of the proposed ordinance on private,for-profit
businesses in the Village of Tequesta:
a. Estimate of direct compliance costs that businesses may reasonably incur if the proposed
ordinance is enacted: None..
b. Identification of any new charges or fee on businesses subject to the proposed ordinance, or
for which businesses will be financially responsible: None.
c. An estimate of the Village of Tequesta's regulatory costs, including an estimate of revenues
from any new charges or fees that will be imposed on businesses to cover such costs.None.
Part III. Good faith estimate of the number of businesses likely to be impacted by the ordinance:
None.
Part IV.Additional Information (if any): None.
Page 264 of 409