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- `= VILLAGE OF TEQUESTA
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To: Mr. Michael Couzzo, Village Manager
From: Nilsa Zacarias, AICP, Community Development Director � Z
Date: 10.31.12 '"�' �
Ref.: Community Development Input about Business Friendly Issues
The Community Development (CD) department goal is to facilitate the building and zoning process along with
providing high customer service and ensuring compliance with code provisions. CD has identified the following
issues or roadblocks that do not contribute to both a business friendly environment, and a customer satisfaction
experience:
Frequency of Variance Requests
Please notice the following two instances where the frequent request for a variance affects directly
businesses and residents:
1. Residents whose homes are nonconforming with the code because of setback shortages, and they would
like to extend their homes without further encroaching on the nonconformity are required to apply for a
variance. Section 78-95- Extension of nonconforminq building or use said "Buildings or structures or uses
of land which are nonconforming shall not be extended or enlarge".
Because of this code provision, residents need to apply for a variance which is costly ($300) and time
consuming (application needs to be submitted 30 days in advance). Up to now (in 2012}, CD has three
(3) residents that were in need of applying for a variance to receive relief of this code section.
1. Restaurants that would like to sell alcohol are requested to apply for a variance because ot Section 78-
298. Establishments selling intoxicating beverages. "All places of business selling intoxicating liquors,
wines and beverages Jor consumption on the premises shall not be located within a 1,000 foot radius of
Gny church, school or youth center. The 1,000 feet shall be measur�d in a straight line from main
entrance door to main entrance door."
For example, Cafe Heidelberg applied for this variance; then, restaurant Evc needed to file a new
variance application for the same location even though the use did not changed. The variance
application is costly ($1,000) and time consuming.
Mixed-Use Zoning District
3. All restaurants in the M-U district are special exception uses which requires Village Council approval.
4. Limited square footage of retail, business, professional and personal services is permitted. Businesses of
3500 sq. ft or more require a specia! exception use approval.
P/ease see attached permitted and special exception uses in the MU zoning district.
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Outdoor Dinning Seating
5. The permitted number of outdoor dinning seating is only 20% of total indoor seating. Business owners
have expressed that this is too restrictive. Please see attached Community Development proposal which
considers different categories according to the restaurant location.
Minor Administrative Approvals
6. The current code does not provide for administrative approvals for minor site plan changes that do not
affect the footprint of the building. See attached Town of Jupiter example of minor site plan approval
fees.
Examples:
- Evo Restaurant wanted to install an entrance canopy under the existing walkway. After CD explained
that they will need to apply for P&Z and Council approval, the owner did not pursue this initiative because
of the length of the process.
- The medical building currently under construction (located on 851 N US 1) needed approval for a
minor change to add a gate underneath a stair which will affect the south elevation. This modification
will need to have P&Z Board review and Village Council approval. The owner decided not to pursue this
initiative because of the length of the process.
Planning and Zoning Board Authority
7. The Planning and Zoning Board has limited approval authority. Section 22-53 provides approval authority
to P&Z Board only for construction of entry features, and exterior building color or finishes. Most of
exterior aesthetic applications in commercial and multifamily buildings require Village Council approval
such as installation of windows, doors, canopies, etc.
Number of Outdoor Sales per Year
8. Current�y commercial special events applications are regulated along with residential garage sales and
they are restricted to two events per address per year. CD suggests to create a new special event
permit tailored to the business community.
Signage Approvals
9. Currently all new free standing signage needs to be reviewed by ?&Z Board and approved by Village
Council.
10. New businesses reGuesting a temporary banner and directional signage are required to r2ceived approval
from the Village Manager.
11. In case of road construction that detours :ra�#ic, business owners have ir�quired about tem�orary road
side sigrage. The code does not include this signage option.
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Sec. 78-180. - MU mixed-use district.
(h) Permitted uses. Permitted uses in the mixed-use district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is allowed for
each tenant area or individually owned unit.
(5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or
individually owned unit.
(6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant
area or individually owned unit.
(7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or
individually owned unit.
(8) Bakeries. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or
individually owned unit.
(9) Recreation/open space.
(10) Places of assembly (1,500 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities, assembly halls, sanctuaries or similar
meeting rooms, community centers or fellowship halls, administrative offices related to the facility, gift
shops for merchandise related to the facility, playgrounds and athletic fields, and rectory or similar
residence for religious officia�s or on-site caretakers, limited to one dwelling unit.
(i) Special exception uses. Special exception uses in the mixed-use district are
as follows:
(1) Restaurants (including carryout).
(2) Public buildings and facilities.
(3) Reserved.
(4) Places of assembly (1,515 square feet or more), subject to the following conditions:
a. Aii presentations and events shall be conducted entirely within a building.
b. Nllowed accessory uses are: preschool and school facilities, assembly halls, sanctuaries or similar
meeting rooms, community centers or fellowship halls, administrative offices related to the facifity, gifi
shops for merchandise related to the facility, playgrounds and athletic fields, and rectory or similar
residence for religious officials or on-site caretakers limited to one dwelli�o unit.
(5) Private schools/schools of instruction.
(6) Bed and breakfast.
?7) Hotel.
(8) Adult congregate living facility (ACLF) subject to the provisions of section 78-177(d)(4).
(9) Gasoline service station (only fronting on U.S. Highway 1).
(10) Reserved.
(11) Railway station.
(12) Planned residential development (PRD).
(13) Planned commercial development (PCD).
Tequesta, Florida, Code of Ordinances Page 1
(14) Permitted uses under subsections (h)(4), (5), (6), (7) and (8) of this section in excess of 3,500
square feet (large scale retail sales and service) which are in conformity with the intent and
integrity of the district.
(15) Restaurants, fast food, subject to the following conditions:
a. Each drive-up window stacking lane must be clearly designed and marked so as not to conflict or
interfere with other vehicle or pedestrian traffic utilizing the site.
b. A bypass tra�c lane shall be provided if a one-way traffic flow pattern is utilized in the parking lot
design.
c. All restaurants, fast food, shall be restricted to U.S. Highway 1 frontage.
d. A minimum 15-foot landscape buffer shall be provided at all public road rights-of-way, in addition to
the requirements set forth in article IX, division 4 of this chapter.
(16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located within a one half mile radius of another
rehabilitation facility.
b. Ninety percent of the dwelling units shall have a minimum of 575 square feet. The remaining ten
percent of the dwelling units may have a minimum of 500 square feet.
c. A maximum of 40 percent of the dwelling units shall be permitted to have two bedrooms. In no case
shall a dwelling unit have more than two bedrooms. Two bedroom dwelling units shall have a
minimum of 750 square feet.
d. Occupant load for individuals receiving treatment shall not exceed the number of bedrooms.
Bedrooms and studio dwelling units shall be for single occupancy only. Overall density for a
rehabilitation facility shall not exceed eight dwelling units per gross acre.
e. Dwelling units shall be configured as follows:
1. Studio units, if provided, shall have a one combination bedroom/living area/ kitchen, and a
private bathroom.
2. One-bedroom units, if provided, shall have one private bedroom, one private bathroom, private
living areas and a private kitchen.
3. Two-bedroom units, if provided, shall have tvro private bedrooms, two �rivate bathrooms,
comm�n living areas and a common kitchen.
f. Dwelling units shall not have separate individual mailing addresses. Rather, the rehabilitation facility
shall maintain one master address which all reside�t , shall reside under durirg their stay at the
rehabilitation facility.
g. Rehabilitation facilities must be equipped with a cor.trolle� space, effectively screened from public
view, for arrivals and departures of patients. This space sfiall be large enouyn to accommodate an
ambulance for transporting patients in and out of the facility.
h. Rehabilitat�on facilities shalf be surrounded on all sides by a fence or wall iocated as close to the
property lires as is practical. The fence or wall shall be a minimum of six feet in height but may be as
high as ten feet, measured from finished grade, in order to ens+are privacy for both rehabilitation
facility patients and for village residents. The fence or vrall shalt be constructed in such a manner as
to compliment and accentuate the principal structures of the rehabilitation facility. Both the interior
and exterior sides of the fence or wall shall be landscaped in accordance with the principles set forth
at_secUon 22-84 of the Village Code of Ordinances. If a fence, wall or hedge is located on a corner lot
or a doublE froi�tage Ict, a vehicu4ar and pedestrian �;�ibility triangle of a size an� dimension which
complies with current traffic engineering standards of the American Association of State Highway and
Transportation Officials (AASHTO) and the county shall be provided in beth directions from the
intersection point of the property lines.
i. The rehabil�tation facility shall include a backup generator system. The system shall be sized for the
building occupancy load and have a fuel source sufficient to operate the facility for a minimum of
seven days.
j. The rehabilitation facility shall by separate agreement guarantee payment to the primary fire rescue
provider for patient ambulance transport service.
Tequesta, Florida, Code of Ordinances Page 2
k. In conjunction with the application for special exception use, the rehabilitation facility shall submit a
security plan that includes patient off-site visits. The security plan shall be approved by the village
council with input from the chief of police.
I. The rehabilitation facility shall submit quarterly reports to the village's community development
director that establish and document compliance with all rehabilitation facility funding and occupancy
requirements and restrictions.
m. In conjunction with the application for special exception use, the village may, at its discretion, secure
an impact analysis study, performed by an independent entity, detailing the proposed rehabilitation
facility's projected community wide impacts. This study, if prepared, shall specifically address the
rehabilitation facility's potential economic impact to the village, the creation and continuation of jobs,
the potential impact on law enforcement and criminal activity, and the potential impact on the village's
emergency medical resources. In addition, the study should address the proposed rehabilitation
facility's impact on the quality of life for neighboring properties and the village as a whole.
n. In conjunction with the application for a business tax receipt and the annual renewa► thereof, a
rehabilitation facility shall submit to the village, in the form of a sworn affidavit by the rehabilitation
facility's legal representative who is authorized to do so, written documentation that the rehabilitation
facility is in compliance with all requirements of this section as well as the definitional requirements of
section 78-4. Should the rehabilitation facility's business tax receipt be issued based upon a false
affidavit, the village may seek to impose all penalties allowed by law, pursuant to chapter 70, article II
of the Village Code of Ordinances.
o. Should the rehabilitation facility at any time violate any of the requirements of this section or any of
the definitional requirements of section 78-4, the village may obtain relief through the code
enforcement special magistrate process pursuant to chapter 2, article IV oF tiie Village Code of
Ordinances. For purposes of the cade enforcement special magistrate process, each day that the
rehabilitation facility is found to be in violation shall be considered a separate offense. In addition to
the code enforcement special magistrate process, the village may seek any and all relief available to
it by law or in equity, including, but not limited to injunctive relief, recovery of money damages, or
both.
Tequesta, Florida, Code of Ordinances Page 3
Proposed "Outside Table Dining" Code Amendment
EXISTING CODE PROVISIONS
Section 78-4. Definition of the Village Code refers to outside table dining as part of the "Restaurant"
definition as follows:
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 means an establishment whose primary business is the sale of food and
beverages to patrons for consumption on the premises and whose design and method of
operation includes any of the following:
a. Patrons place their order at their table from an individual hand-held menu, which
displays or describes the food and beverages available to them.
b. Preparation, service and consumption of food and beverages takes place within a
completely enclosed building, accommodating at least 80 percent of the
establishment's permitted seating capacity.
c. Outside table dining is permitted in areas permanently designated for such use, and
shall not exceed 20 percent of the establishment's perm9tted seating capacity, shall be
in keeping with the exterior architectural theme of the building, and in no way shall
permit the �onsumption of food or beverages within automobiles.
d. Food and beverages are regularly served to patrons while seated at their table by an
employee of the establishment
EXIS�ING PA:RKING COD� PROVISIONS
The Village Code includes the following parking provisions for restaurants that arA par± of a Shopping
Plaza and for restaur�nts located in freestanding buildings�
1. Restaurants at Shopping Plazas
Shopping centers: One space per 250 square feet of gross leasable area (GLA).
2. Restaurant at Freestanding Buildings
(25) Res��curant (carryout or drive-in): One space per 100 square fee� �f that portion of
the gross floor area which is devoted to sales and customer service.
(26) Res.*aurants (fast foodJ: One space per 50 square feet of gross floor area, or one
space per three seating accommodations, whichever is greater.
(27) Restaurants (standard): One space per three seating accommodations, or one
space per 100 square feet of gross floor area, whichever is greater.
OUTSIDE TABLE DINING CATEGORIES
Currently the Village of Tequesta has the following "Outside Table Dining" categories or scenarios
according to type of structure and location:
1. Restaurants at Shopping Plazas
a. WalkwayAreas: Ex. Blondies at Tequesta Shoppes, Tequesta Coffee Lounge at Gallery
Square South.
b. Common Areas: Ex. Gallery Grill at Gallery Square North has tables on the breezeway
area, Cafe Heilderberg at the Fashion Mall.
c. Designated Areas: Ex. Corner Cafe deck at Village Square.
2. Restaurant at Freestanding Buildings
Examples of freestanding restaurants with designated "outside table dining" are Baldino's
Pizza and Lobster House (currently vacant).
PROPOSED CODE AMENDMENTS
The proposed code text amendment for "outside table dining" take into consideration the different
type of restaurants based on their location and type of structure:
(1) Restaurant means an establishment whose primary business is the sale of food and beverages
to patruns for consumption on the premises a�id whose design and method of operation includes
any of the following:
a. Patrons place their order at their table from an individual hand-held menu, which displays or
describes the food and beverages available to them.
b. Preparation, service and consumption of food and beverages takes place within a
completely enclosed building, accommodating at least 80 percent of the establishment's
permitted seating capacity.
c. Outside table dining � m;++,,,� ; .,��„ ,�„ �+�a f„ �h , ��s6�.i.i
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�,,.+ e ee,� �r, ., ..� „� ��„ „��-.�r��.�,,,.,+�� ., w.;�+�,� �e,+;.,R ��.,��,�.,� shall be in keeping
with the exterior a� chitectura! theme of the building, and in no �a�ay shall permit the
consum�tion of food or be�erages with:n automobiles. Outsid� table dinin� is permitted in the
followin� areas:
(1) Restaur�nts at Shoppin� Plazas:
a. W alkwav Areas Outside tabl dini shall not exceed 20_ Qerce n t of the
establishment's permitted seatin� capacity, a nd shall comply with AD and fire
exit re
b. Common Areas: Outside table dinin� shaff not exceed 30_ ep rcent of the
establishment's permitte.:l seatin� capacitv, and shall comply with ADA and fire
exit requirements.
c. �esiana�ed Areas: Out.,;de table dinin� shail bE permitted in complianc� with
parkin�, lot covera�e and landscape open space re�ulations.
(2) Restaurants at Freestandin� Buildin�s:
Outside table dinin� shall be permitted in compliance with parkin�, lot covera�e and
landscape open space re�ulations.
(d) Food and beverages are regularly served to patrons while seated at their table by an
employee of the establishment