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VILLAGE OF TEQUESTA
Post Office Box 3273 357 Tequesta Drive
Tequesta, Florida 33469-0273 (407) 575-6200
Fax: (407) 575-6203
VILLAGE COUNCIL MEETING
AGENDA
THURSDAY, DECEMBER 2, 1993
7:00 P.M.
WELCOME!
For information regarding procedures for public participation at
Village Council Meetings, please refer to the end of this
Agenda.
I. CALL TO ORDER AND ROLL CALL
II. INVOCATION AND PLEDGE OF ALLEGIANCE
(Ron T. Mackail, Mayor)
III. APPROVAL OF AGENDA
IV. PUBLIC HEARINGS
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A) Ordinance 464 - Final Reading - Amending
Ordinance No. 355, as Amended, the
Comprehensive Zoning Ordinance of the Village
of Tequesta at Section X, Relating to
Supplemental Regulations, Item (L), so as to
Provide Restrictions Relating to the Parking of
Trucks and Recreational Vehicles in the R-lA
Zoning District; Providing for
Severability; Providing for Repeal of
Ordinances in Conflict; Providing for
Codification; Providing an Effective Date.
1) Ordinance Read by Title
2) Overview of Ordinance
3) Village Council and Public Comments
4) Motion to Adopt/Reject Ordinance on Final
Reading -
B) Ordinance - First Reading - Amending Zoning
Ordinance No. 355, As Amended, by Amending
Section IV, Definitions, by Amending and/or
Adding Certain Definitions; by Amending
Subsection V, Establishment of Districts and
Official Zoning Map; By Adding at Subsection
(A), a new ~ District; by Amending
Section VII, Schedule of Regulations and
Application of Regulations, By Adding District
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Village Council Meeting Agenda
December 2, 1993
Page 2-
MU at Subsection (C), Schedule of Site Regulations; by
Amending Section VII, Schedule of Regulations and
Application of Regulations, Subsection (D), Schedule of
District and Use Regulations, by Adding New Paragraph
(9), Mixed-Use District; by Amending Section VIII, Off-
Street Parking and Loading Regulations; by Amending
Section X, Supplemental Regulations Applying to a
Specific, to Several, or to all Districts, Subsection
(,7), Special Exception Uses, Paragraph (2), Criteria, by
Adding a New Requirement (h); Subsection (M), Site Plan;
Prerequisite to Building Permit Issuance, by Amending
Paragraph (1); Providing for Severability; Providing for
Codification; Providing an Effective Date.
1) Ordinance Read by Title
2) Overview of Ordinance
3) Village Council and Public Comments
4) Motion to Adopt/Reject Ordinance on First
Reading
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V. CONSENT AGENDA
All items listed with an asterisk (*) are
considered to be routine and will be enacted by one
motion. There will be no separate discussion of
these items unless a Village Councilmember so
requests, in which event, the item will be removed
from the Consent Agenda of Business and considered
in its normal sequence on the Agenda.
VI. APPROVAL OF MINUTES AND REPORTS
*A) Village Council Workshop Meeting; November 8, 1993
*B) Village Council Meeting; November 18, 1993
*C) Village Manager's Report; November 15-November 26, 1993
VII. APPOINTMENTS
A) Board of Adjustment
*1) Consideration of Reappointing Raymond H. Schauer
as a Regular Member of the Board of Adjustment for
a Three-Year Term, Expiring on December 13, 1996.
(Staff Recommends Approval)
Village Council
Meeting Minutes
January 13, 1994
Page 12
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VIII. UNFINISHED BUSINESS
A) Ordinance 465 - Second Reading - Amending Zoning
ordinance No. 355, As Amended, by Amending Section IV,
Definitions, by Amending and/or Adding Certain
Definitions; by Amending Subsection V, Establishment of
Districts and Official Zoning Map; By Adding at
Subsection (A), a New Mixed-IIs• District; by Amending
Section VII, Schedule of Regulations and Application of
Regulations, By Adding district MU at subsection (C),
Schedule of Bite Regulations; by Amending Section VII,
Schedule of Regulations and Application of Regulations,
Subsection (D), Schedule of District and Use Regulations,
by Adding New Paragraph (9), Mixed-II9e District; by
Amending Section VIII, Off-Street Parking and Loading
Regulations; by Amending Section R, Supplemental
Regulations Applying to a Specific, to Several, or to All
Districts, Subsection (J), Special Exception Uses,
Paragraph (2), Criteria, by Adding a New Requirement (h);
Subsection (M), Site Plan; Prerequisite to Building
Permit Issuance, by Amending Paragraph (1). (Staff
Recommends Approval).
Scott Ladd, Building Official explained that all changes
suggested by the Village Council at the First Reading have
been incorporated. Since that time, the Village Attorney has
submitted a letter to the Village regarding some of his
concerns about the Ordinance.
Village Attorney Randolph stated he was concerned about the
change under Urban Design Principles from mandatory
requirements to requirements which "shall be considered". He
was also concerned regarding the Village Council's vote to add
the phrase "as a guideline" to Section 4 (9) (b) 1. He felt that
by doing so, the `guts' of the Ordinance had been removed,
since, by such changes, the indication was merely a guideline,
and not a requirement. It was Attorney Randolph's suggestion
that "as a guideline" in Section 4(9)(b)1 be removed.
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village Council
Meeting Minutes
January 13, 1994
Page 13
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Attorney Randolph was also concerned by the Village Council's
desire to remove the definition of "Village serving". He felt
that without a definition of Village Serving to serve as a
guideline as to when a special exception would be granted, the
Ordinance would not withstand a legal challenge in the event
someone who had met the guidelines of the Ordinance were to
come forward for a special exception. It was his suggestion
that the definition of Village Serving not be removed.
After a very ..lengthy discussion regarding the two above-
referenced issues, a motion was made.
Councilmember Collings moved to approve 465 on the second
First Reading, with the following amendments:
o Section 4(9)(b) Scope of District, exchange the words
"..considered as a guideline..." with "...utilized..".
o Section 4(9)(f)1, Urban Design Principles, add the word
"...as quidelines..~~ after "...shall be considered..".
o Section 4 (9) (g) 1, Urban Design Objectives, add the words
"...as guidelines..." after "...shall be considered..."
o Section 4(9)(1)13 Special Exception Uses, after "...and
services)..." add the words '...which are in conformity
with the intent and integrity of the district."
Councilmember Schauer seconded the motion. The vote on the
motion was:
Ron T. Mackail - for
William E. Burckart - for
Liz Schauer - for
Earl L. Collings - for
Joseph N. Capretta - for
the motion was therefore passed and adopted.
B) ordinance 466 - Second Reading - Amending Chapter % of
the Code of Ordinances Health and Sanitation, at Section
10-18, Sections (a), (b) and (d) Relating to IInlawful
Growth; Ameading Sections 10-19 and 10-20, Relating to
Periods of Time Within Which to Abate violations;
Providing Amendments so as to Provide Notice to
Mortgagees of Record. (Staff Recommends Approval).
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V I LLAG'E OF TBQiJESTA f
post Office Box 3?73 DEVELOPER'S AGRE~EA~NT EXHIBFT "A"
,~esta, : L33A69-0273
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This Developer's Agreement is executed ~. ~ , 1999, py the ~~itlage of. Tequesta, Florida
(°V' a ") and 3MZ Tequesta Property, Inc., a Florida corparatton ("~").
RECITALS:
A. J_VSZ owns Parcel 2 and Parcel 3 which are
"A" attached hereto (collectively, the "3MZ
]3. The Village otiv~ts the real pzoperty described
"Vi~la~~ Proper#v").
C. The JMZ Property and the Village Properly
" ~ec "
particularly descrbed in Exhibit
Exhibit "B" attached hereto i ihF
hereinafter collectively called the
D. JMZ and the Village have requested approval o~f a master site plan for the Proi act.
Additionally, TvIZ has reques`~d approval for tl~e eonstzuction of an approximately
25,241 square foot mixed use building (the "P a One Building") on a portion of
Parcel 3 as more fully sex for*.h on plans pre-vio~sly subnutted to tht Village.
E. The approval of the Village to the requested t:aa er site plan for th.a Proj ect and for
the approval to eonstrtiot thz Phase Une Buildin is conditioned upon the execution
of this Agreement by the parties hereto.
NOW, THEREFORE, for valuable consideratioa, the receipt of which is hereby
acknowledged by each puny, the parties agree as follows: ' - r
1. $ccitaj~, The Recitals set forth in paragraphslA. through E. above are true and
Corr.,ct.
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2. t~,Jnlty o~Cozt.troL JMZ shall deliver to the Vi:la~e a "Unity ofContzal Agreement"
to be executed by all of the owners of the Projec . The Unity of Control Agreement
must be acceptable to the Village and its counsel at their sole discreticri.
3. Pre- ondit'onstoIssuanceofCertificateofOcc anc Moran ortionofthePro'ect.
The following shall bepre-conditions for the is once of a certificate oroccupancy
for the Phase One Building and for any other portion of tl•:e Project;
A. A plat of the Project sha1E be prepared by the owners of the Projcct, apps ;red
by the Village and recorded in the public records of Palm Beach County,
Florida. The approved and recorded pla~ shall sho~~v all easements effecting
the Project including, but not limited to,j shared ingress/egress between tl~:e
parcels, future utility services, sanitary se~ti•er service, emergea~y serti+er
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service, storm drainage pipes, sprittkl~r pipes, telephone lines and c.aole
television tivires. The plat shall also dei~rteate all common areas and 3ss.gn
responsibility for the maintenance of al~ common areas.
B. All utility improvements required. byj the Village :o be completed in
accordance with plans submitted to the ~~illage rnt:st be completed ar_-d such
systems conveyed by bill of sale to the vi Gage by the own;.rs of the Pro e~~t.
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4. I'ermit?ed uses: Special Exception Uses.
A. The development of the Project is limited to the =ollortiing permitted uses: (i j
residential; (ii) small scale retail isaies 2nd service; (iii) office
(businzsslprofesstonal services); and (ic~~ pzrsona; sen~iczs.
B. The following shall be special exceptionuses requiting prier approval of the
Village council: (i) large scale retail sales and ser~lces (defined as in excess
of 3,500 square feet gross leasable area ~'ar eac;h tenant area or ir_dividually
ow:;ed unit); ii) large scale business,'prgfessional services (to redefined :~
in exce3v of 3,500 square fait gross leasable area for each tenant a,~ea or
individually owned unit); (iii) large sc le personal services ;defined as in
excess of 3.500 square feet gross leasab~e area allowed for each tenant a_res
or individually awned unit);~(iv~ resta•'}rant se (including carrycuty; (v)
pubic buildings and facilities; (vil civic/cul.r~ra1!pub[i ,,vii j be3 and
breakfast use; (z:ii) private schcols; (ix.~ private clubs; (x) 'rotzls; and (xi)
_4CLFs.
5. ~v , ts. Developnnent ofthe Project sha1J'o~ in aceordarce with th~° followin~,:
A. The architectrural style for aLl parcels and buildings in the Project shat] be
consistent with the architectural style a~cpted and approved fo°:iiz Phase
One Building. Architectural style sh411(tnclude, b~.~.t shall rot be lir:~ited to,
roofing materials, building colors, window and door treatments, architectural
de±ailing and accessory appurtenances. !,
B. The owners of the Project shall adopt a gtniform sigh forrnat for the P%ect
to be consistent with the aaproved archi~ctural theme fee the ?'reject.
C. T7e owner of Parcel 2 shall use Parctr,`1 2 solely as a parking area until
consirt:caon of improvements on Parceli3 shall be completed as eviderceci
by certificates of occupancy for the Parch] ~ improvements
ZONING § 7S-1b0
(i) Special exception uses. Special exception (j) Accessory uses. Accessory uses allowed in
uses in the mixed-use district are as follows: the mixed-use district are as follows:
(1) Restaurants (including carryout).
(2) Public buildings and facilities.
(3) Church house of worship.
(4) Civic/culturaUinstitutional uses.
(5) Private schools/schools of instruction.
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregate living facility (ACLF).
(9) Gasoline service station (only fronting on
U.S. Highway 1).
(10) Private clubs.
(11) Railway station.
(12) Planned residential development (PRD).
(13) Planned commercial development (PCD)
(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 dis-
trict.
(15) Restaurants, fast food, subject to the fol-
lowing 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 traffic lane shall be pro-
vided if a one-way traffic flow pat-
tern is utilized in the parking lot
design.
c. All restaurants, fast food, shall be
restricted to U.S. Highway 1 front-
age.
d. A minimum 15-foot landscape buffer
shall be provided at all public road
rights-of--way, in addition to the re-
quirements set forth in article IX,
division 4 of this chapter.
(1) Any accessory use customarily incidental
to a permitted use.
(2) Private garages, swimming pools, spas
and hot tubs, cabanas and saunas, green-
houses, tennis courts, clubhouses, utilitti
buildings, gazebos, and any other similar
use deemed appropriate by the building
official.
(k) Planned mixed-use development required.
Planned mixed-use development (PMUD) is re-
quired for all permitted, special exception, and
accessory uses within the mixed-use district ex-
cept lots or parcels of less than three acres.
(1) Prohibited uses. The following uses are pro-
hibited in the mixed-use district:
(1) Wholesale.
(2) Warehouses.
(3) Carwash (that is not an accessory use).
(4) Motel.
(5) Motor vehicle dealer.
(6) Pawnshop.
(7) Full-service fuel station gasoline service
station.
(8) Flea markets, indoor or outdoor.
(9) Automobile repair facilities, including ga-
rages and body shops.
(10) Kennels or pet hospitals with boarding
facilities.
(11) Any other use or structure not specifically
or by reasonable implication permitted in
this section as a permitted use, special
exception use or accessory use.
(m) Property development standards. Property
development standards for the mixed-use district
shall be as set forth in this subsection. However,
as part of the review and approval process by the
village, the village council may modify the prop-
erty development standards, at its discretion,
CD78:61