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HomeMy WebLinkAboutMinutes_Planning and Zoning_12/17/2020MINUTES PLANNING AND ZONING BOARD MEETING VILLAGE OF TEQUESTA, FL DECEMBER 17, 2020 5:30 PM COUNCIL CHAMBERS (LIMITED SEATING) AND VIA YOUTUBE CALL TO ORDER AND ROLL CALL The meeting was called to order by Board Chair, Janet Strand at 5:30 p.m. A roll call was taken by Community Development Planner, Lance Lilly. Present were: Board Chair, Janet Strand, Board Members Elizabeth Schauer, Leslee Dasher, Theresa Maggio, and Molly Young. Also present were Village Attorney, Amity Barnard and Community Development Director, Nilsa Zacarias. Absent was: Vice Chair Steven Eagen, Board Members Ashley Warren, and Marguerite Wilson. APPROVAL OF AGENDA 1. MOTION: Member Schauer made a motion to approve the agenda. Member Dasher seconded the motion. Carried unanimously 5-0. APPROVAL OF MINUTES 2. MOTION: Member Dasher made a motion to approve the previous meeting minutes of November 19, 2020. Member Maggio seconded the motion. Carried unanimously 5-0. AGENDA ITEMS 3. SPM 03-20: Application of Royal Tequesta LLC for a Site Plan Modification to build a two (2) story 69-unit fee simple townhomes and amenities in the R-2 Zoning District. The application includes a landscaping plan and a monument sign. The subject property is located at 746 US Highway 1 and 734 N. US Highway 1, Tequesta, Florida, 33469. Village Attorney, Amity Barnard announced the quasi-judicial nature of the item and swore in the Applicant, Troy Holloway from Gentile, Glas, Holloway & O'Mahoney. The Board Members disclosed there was no ex-parte communication. Mr. Holloway presented a PowerPoint explaining his site plan request to change from condominiums to fee simple. He started by providing a brief timeline for the Reserve such as the original approval and the approval of a special exception use at the November Village Council meeting to allow for a Planned Residential Development (PRD). Mr. Holloway explained the need for fee simple ownership such as less mortgage lending restrictions, larger buyer pool, less restrictive insurance, less HOA and other factors. Mr. Holloway continued, discussing waivers that were requested with the site plan. These waivers included lot coverage, open space, and setbacks. Mr. Holloway mentioned that there were no changes to the lot coverage, open space or setbacks, however, the PRD regulations differ from the R-2 Zoning District regulations. Member Young questioned the change to the height. Mr. Holloway explained that the height increased approximately 9 inches and was changed due to construction drawings and construction related requirements. Ms. Zacarias referred the Board to the staff report. Ms. Zacarias explained that the staff report indicates the differences between the previously approved condominium projects compared to the fee simple development. She continued the main difference is the type of ownership, which caused the development to request for a special exception use (PRD) to the Village Council. Ms. Zacarias explained that the plats differ between condominiums and fee simple. Lastly, she mentioned that there were staff recommendations for conditions of approval. Ms. Zacarias entered into the record the Traffic Performance Standard (TPS) letter from Palm Beach County. Member Schauer questioned whether the Reserve could install security cameras at the pedestrian entrances from Casa Del Sol and County Line Plaza. Member Schauer also questioned whether the applicant could include to a one-year requirement of property owners to live on the property prior to renting their property to HOA's governing documents. Member Young questioned how the new development tied into traffic study from FDOT. Mr. Holloway answer and explained that the right turn lane was addressed during the first approval. The Reserve development did not meet the number of trips to fulfill the need for a turning lane. Ms. Zacarias explained that the applicant's traffic engineer indicated they have an FDOT driveway permit and would be provided at the upcoming Village Council meeting. Member Young asked an additional question pertaining to the location of school buses stopping. Mr. Holloway answered that the school buses would stop off US Highway 1. MOTION: Member Schauer made a motion to recommend approval of SPM 3-20 with the following conditions: 1. Homeowner Association documents, in form acceptable to the Village Attorney, will be provided, approved and recorded prior to the issuance of any building permits 2. Prior to issuance of the building permit, the applicant must comply with the following recommendations provided by Air, Water, & Soil Engineering, Inc. (AWSE) on the Phase I Environmental Site Assessment (ESA) report: • "AWSE recommends that proper abandonment of the former domestic water supply well on the 734 North US Highway 1 parcel and removal of the abandoned septic tank." • "AWSE recommends that the US Geological Survey Salinity Monitor Well, PB-872, be located on the 746 North US Highway 1 parcel and the US Geological Survey 6 notified of the redevelopment of the property with respect to their well location." 3. Applicant shall coordinate with the south -adjacent commercial plaza to develop a pedestrian path that ensures both safety and connectivity for pedestrian traveling between the subject property and commercial plaza. 4. Village Council to consider install security cameras at the pedestrian entrances from Casa Del Sol and County Line Plaza. 5. Village Council to consider a one-year requirement of property owners to live on the property prior to renting their property to HOA's governing documents. Member Dasher seconded the motion. Carried unanimously 5-0. 4. 2020 Legal Update (Refresher) Village Attorney Barnard began explaining the content of her memorandum. She briefly explained the P&Z Board's legal duties/responsibilities and Sunshine Law. Attorney Barnard stressed the importance of variances and how they are to be reviewed. Attorney Barnard indicated that it is the applicant's responsibility to satisfy the variance criteria. She continued The Board must apply the facts given by the applicant, and must be approved or denied by compliant substantial evidence. She followed up by informing the Board that if needed, they can ask the applicant questions to further understand applications or how they meet certain variance criteria. Ms. Zacarias referred to variance criteria #1 and mentioned that the hardship must be pertaining to the land, building or structure. Ms. Zacarias mentioned variances being submitted retroactively rather than proactively. Attorney Barnard continued with Ms. Zacarias' statement and mentioned that one of the variance criteria pertains to not being a result of the applicant. Lastly, Attorney Barnard mentioned the applicant has the right to due process and the Board must disclose any communications regarding development applications except communications with the Village Attorney or Village Manager. STAFF COMMENTS Thanked Village Attorney Barnard, the Board, and Mr. Lilly. PUBLIC COMMENTS There were no public comments. BOARD COMMENTS There were no Board comments. ADJOURNMENT MOTION: Member Schauer made a motion to adjourn at 6:40 pm. Member Maggio seconded the motion. Carried unanimously 5-0. 3