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HomeMy WebLinkAboutDocumentation_Regular_Tab 06D_4/11/2002VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561)575-6200 Fax:(561) 575-6203 VILLAGE OF TEQUESTA COMMUNITY APPEARANCE BOARD SITTING AS THE TREE BOARD MEETING MINUTES AUGUST 15, 2001 I. CALL TO ORDER AND ROLL CALL The Tequesta Community Appearance Board Sitting as the Tree Board held a meeting in the Village Manager's Office at 250 Tequesta Drive, Tequesta, Florida, on Wednesday, July 25, 2001. The meeting was called to order at 9:15 A.M. by Chair Vic Strahan. The roll was called by Betty Laur, Recording Secretary. Boardmembers present were Chair Vic Strahan, Boardmember Richard Sterling, and Boardmember Robert Stein. Vice Chair Steve Parker and Boardmember Gerald Wenta were absent from the meeting. Also in attendance was Clerk of the Board Jeff Newell. II. APPROVAL OF AGENDA Chair Strahan announced that the agenda was approved as submitted. III. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. IV. NEW BUSINESS 1. Review of Ordinance No. 556, "Preservation of Historic and Specimen Recycled Paper COMMUNITY APPEARANCE BOARD SITING AS THE TREE BOARD MEETING MINUTES August 15, 2001 Page 2 Clerk of the Board Jeff Newell explained the historical tree board ordinance which had been passed by the Village Council. Mr. Newell explained that Village Attorney Randolph had been unable to attend this meeting but had suggested the following process: Citizens or Board members could make suggestions to the Community Development Department for a tree they would like preserved. The Community Development Department would notify the property owner their tree would be an agenda item to be considered for possible historic or specimen designation The rest of the procedure would come from the ordinance. Mr. Newell explained ftirther that after a suggestion had been made and the property owner notified, it would be placed on the Tree Board's agenda for consideration, and if the Tree Board deemed it an appropriate candidate then the item would be placed on the Village Council agenda for consideration. Boardmember Sterling questioned what documentation would be provided to identify the tree. Mr. Newell requested the Board decide what they wanted and he would prepare a draft application to be distributed to the Board for their approval. Discussion ensued. Chair Strahan commented the application form would need to include a photograph of the tree, location of the tree, and a reason or history, or the significance of the tree to the person who was recommending it. Boardmember Sterling commented that if trees in the middle of the golf course were designated as historical, that could limit what the golf course could do; Chair Strahan commented it would also limit property owners if the tree were in their front yard. Mr. Newell indicated the history or significance of the tree would be key. Examples of significance were suggested: President Truman played golf under this tree, this tree is the last of its specie, etc. It was the consensus of the Board to direct Mr. Newell to prepare a draft application for their approval. Boardmember Sterling asked if a professional arborist would be needed. Boardmember Stein questioned whether there was an arborist working in the Village that could go check the health of the tree, and noted there were guidelines in the ordinance requiring approval by the Board to even trim the tree. Boardmember Stein asked who would set the guidelines, because there COMMUNITY APPEARANCE BOARD SITTING AS THE TREE BOARD MEETING MINUTES August 15, 2001 Page 3 guidelines in the ordinance requiring approval by the Board to even trim the tree. Boardmember Stein asked who would set the guidelines, because there was a big difference in a tree trimmer and an arborist, and the Board needed to get very specific, have someone going out to check on the tree, or working with an arborist. Mr. Newell indicated if he understood correctly, Mr. Stein was saying that if the tree was approved by this Board and was going to be presented to the Village Council, there needed to be guidelines in place as to how to deal with that tree. Mr. Stein commented before the tree was even considered it needed to be inspected. Mr. Newell questioned what would be done if the tree was located on private property. Discussion ensued what would have to be done if property owners objected. Mr. Newell noted this was a legal question for the attorney, and if a tree that was on private property was submitted for approval, that would be the time to contact counsel for a legal opinion. Mr. Newell advised the Village did not have an arborist on staff, but one could be found at a nearby university. Chair Strahan indicated I that the Board was saying they did not have the expertise to handle inspecting the tree so when an application was submitted it would have to be handled by someone with the proper expertise. Boardmember Stein commented there could be a carpenter ant infestation in the tree, and an arborist could inspect it and advise in 3-5 years it would be dead, and questioned who would pay for the care of the tree —whether the homeowner would give up rights to take care of it or let the Village landmark a tree and they take care of it —so some guidelines were needed because the ordinance required that this Board approve even trimming of the tree. Mr. Newell suggested attaching a supplement sheet to the application so if the tree was located on private property the owners would be required to state they were fully aware of what was involved and the health of the tree would have to be determined. Mr. Stein added that if inspection found a carpenter ant infestation, someone would have to pay for it to be treated and someone from the Village would have to go check to assure it was done. Mr. Stein commented if the Board did not have the authority to follow through on these things he did not see any need to even do it. Mr. Newell commented he could sit with the Village Attorney to get a legal opinion on these items, because if on private property the owner would need to understand their obligations and the Village would COMMUNITY APPEARANCE BOARD SITTING AS THE TREE BOARD MEETING MINUTES August 15, 2001 Page 4 need to understand their obligations. Mr. Stein commented the Village was assuming responsibility to say what could be done with the tree, but it did not cover who was going to inspect, who was going to follow up, and who was going to pay for it; and those issues needed to be dealt with before anything went out of this office. Chair Strahan advised that this ordinance had been developed as a result of ordinances obtained from other municipalities which should be on file to see if they had any procedure for the issues being discussed. Mr. Stein asked who within the Village had the knowledge or authorization to give instructions on trimming, which was the first thing the Board needed to tackle. Mr. Newell responded there was no one on staff. Chair Strahan indicated it was this Board's responsibility and asked if they could hire someone to give advice. Boardmember Sterling commented an application and permit would be needed to trim and an arborist needed to do the trimming. Trees on private property l! were discussed, and that the owner would have to agree to give up certain rights to the trees. The Board indicated they needed an opinion from the Village Attorney before they proceeded, and that the ordinances from other municipalities might contain some procedures for private property. Mr. Newell indicated he expected only to find only public property addressed, but that he would check those ordinances. Mr. Stein commented there were several historic trees in Palm Beach. Mr. Stein asked if the Village was set up to handle this financial burden, to which Mr. Newell's response was, no. Possible deed restrictions and future real estate sales of private property containing historical trees were discussed and that the realtor would have to disclose up front that the tree was not a part of the property. The question arose of what would happen if someone poisoned the tree. Chair Strahan noted that the biggest expense would be hiring someone to inspect and maintain the trees. Mr. Sterling suggested an annual or biannual inspection by an arborist of the inventory of historical trees. Boardmember Stein commented that if the Village had any trees on their property they could be designated as historical also. Mr. Newell advised these issues would be addressed by counsel and he would bring this matter back before the Board. n No one knew of any trees they might want to designate at this point. COMMUNITY APPEARANCE BOARD SITTING AS THE TREE BOARD MEETING MINUTES August 15, 2001 Page 5 Boardmember Stein requested that Mr. Newell get guidelines from other municipalities and find out if the Board could set up a fund. Mr. Newell advised that an evaluation would be done and a summary prepared to present to the Village Council to see how they responded. V. UNFINISHED BUSINESS There was no unfinished business to come before the Board. VI. ANY OTHER MATTERS There were no other matters to come before the Board. VII. ADJOURNMENT Upon motion by Boardmember Stein, seconded by Boardmember Sterling and unanimously carried, the meeting was adjourned at 9:40 a.m. Respectfully submitted, Betty Laur Recording Secretary COMMUNITY APPEARANCE BOARD SITTING AS THE TREE BOARD MEETING MINUTES August 15, 2001 Page 6 DATE APPROVED: 2 26v �o 5� VILLAGE OF TEQUESTA DEPARTMENT OF COMMUMIY DEVELOPMENT Post Office Box 3273 250 Tequesta Drive • Suite 305 Tequesta, Florida 33469-0273 (561) 575-6220 • Fax: (561) 575-6224 VILLAGE OF TEQUESTA COMMUNITY APPEARANCE BOARD MEETING MINUTES DECEMBER 5, 2001 I. CALL TO ORDER AND ROLL CALL The Tequesta Community Appearance Board held a meeting in the Village Manager's Office at 250 Tequesta Drive, Tequesta, Florida, on Wednesday, December 5, 2001. The meeting was called to order at 9:35 A.M. by Chair Vic Strahan. The roll was called by Betty Laur, Recording Secretary. Boardmembers present were Boardmember Richard Sterling and Boardmember Robert Stein. Vice Chair Steve Parker and Boardmember Gerald Wenta were absent from the meeting. Also in attendance was Clerk of the Board Jeff Newell. Alternate Karen Flint arrived at 9:45 A.M. II. APPROVAL OF AGENDA Boardmember Stein made a motion to approve the agenda as submitted. Boardmember Sterling seconded the motion, which carried by unanimous 3-0 vote. III. COMMUNICATIONS FROM CITIZENS Wade Griest inquired if the Wendy's project had been approved by this Board, to which the response was yes. IV. APPROVAL OF PREVIOUS MEETING MINUTES Boardmember Stein made a motion to approve the minutes of the October 10, 2001 meeting as submitted. Boardmember Sterling seconded the motion, which carried by unanimous 3-0 vote. Recycled Paper COMMUNITY APPEARANCE BOARD MEETING MINUTES December 5, 2001 Page 2 V. NEW BUSINESS 1. An application from Boca Signs to install new image signs and new tenant signs as follows at the Mobil Station located at 764 U.S. One North: 1. Disclosure of Ex-Parte Communications: Boardmembers Stein and Sterling reported no ex-parte communications. Chair Strahan reported he had visited the site but had spoken to no one. 2. Swearing -In of Witnesses, if Required Clerk of the Board Jeffery Newell swore in those intending to speak. 3. Testimony of Witnesses and Cross Examination, if any Cindy Strohmeyer, representing Boca Signs, explained that their client wanted a new image that would be more appealing, and that the sign would be the same size as existed or smaller, with only the face changed. Ms. Strohmeyer described the requested changes as provided in the application. Chair Strahan commented that before the Board made a decision, he would like to point out that some landscaping had died or never materialized, and there were gaps in the hedge. Alternate Boardmember Karen Flint arrived at this point in the meeting, at 9:45 A.M. but did not participate in this application. Clerk of the Board Jeff Newell commented that a CO had not been requested, and that he would check the landscaping so that changes could be made before issuance of a CO. Boardmember Stein stated he was okay with the sign changes as submitted. 4. Finding of Fact Based Upon Competent Substantial Evidence Boardmember Stein made a motion to accept the application from Boca / Signs to install new image signs and new tenant signs at the Mobil f Station located at 764 U.S. One North, as submitted. Boardmember Sterling seconded the motion, which carried by unanimous 3-0 vote. COMMUNITY APPEARANCE BOARD MEETING MINUTES December 5, 2001 Page 3 2. An application from Tamwest Realty, Inc., owner of County Line Plaza, U.S. One North, to resurface the existing exterior concrete walkways with Granitogres Casalgrande Padana tile. Boardmember Karen Flint joined the Board. 1. Disclosure of Ex-Parte Communications: All Boardmembers reported no exparte communications. 2. Swearing -In of Witnesses, if Required Clerk of the Board Jeffery Newell swore in those intending to speak. 3. Testimony of Witnesses and Cross Examination, if any Ginny Prohaska was present representing the applicant, and described the tile samples presented for consideration, which consisted of multicolor patterned tiles, and a more subdued color tile. Ms. Prohaska indicated that the applicant wished to place the tiles on top of the existing concrete sidewalks, but not to extend to K Mart since if the tiles were in front of K Mart they would not want the shopping carts on the tile. Chair Strahan commented that under the original approval, K Mart was not allowed to park their carts outside, and he did not know if they had later obtained an easement to allow that, but if not, the carts should not be outside now. Ms. Prohaska explained that she did not know if the curb would be redone or if the lip would be tiled. Boardmember Stein recommended the applicant get drawings done of what would be done and bring back the exact tiles they wished to use with a pattern layout and with K Mart included, and to let the Board know if they wished to do a front face or not. Mr. Stein stated he thought the curb should be done, and that the tile color needed to be shown with the pattern on a layout, and also show whether there were any columns or any deviation from a flat squared -off surface. Boardmember Sterling stated he wanted to see a sample of the building color. Discussion ensued regarding how the edge of the curb could be treated, whether there were any transitions to K Mart which would cause a problem, and that there could be a problem on the access ramp levels. Ms. Prohaska stated that the applicant would withdraw the multicolor patterned tile and questioned whether there were any comments aside from that such as concern regarding slip resistance, etc. Chair Strahan responded 1 COMMUNITY APPEARANCE BOARD MEETING MINUTES December 5, 2001 Page 4 that was a Building Department problem, and not an issue for the Community Appearance Board to consider. Chair Strahan indicated to Ms. Prohaska that he understood from her comments that when she went back to the owner the patterned tile would be dropped and they would do the solid color; and commented that the Board had the color of the tile but did not have the color of the building. Chair Strahan commented that this tile manufacturer might or might not have colors more suitable to go with the building, and that he had driven by the building and looked at the sidewalk, some of which was plain concrete and some was painted concrete. Mr. Stein asked if the applicant wanted to use a patterned the if it could be a larger scale, to which Ms. Prohaska responded no, that these were special tiles from Italy with the color all the way through so the color would not be worn away with use. Boardmember Sterling commented that the pattern scale was too small. Mr. Stein requested the applicant provide the color they wanted to use. Ms. Prohaska responded the owner had said they would withdraw the patterned tile and that all of the other tiles by this manufacturer were darker, not lighter. Boardmember Stein requested that when the building color was provided that other samples of the tile be provided also. Boardmember Sterling asked for a depiction of the proposed treatment at the base of the columns. Ms. Prohaska commented that re -roofing would begin in a couple of weeks, and stated she was pushing for the building to be repainted also, and would love for those things to be done before the tile was installed, but the owners' answers were very ambiguous. Chair Strahan commented the Board needed to know whether the columns would be done straight down to the ground or if there would be some type of base or molding to tie into the tile surface. Chair Strahan indicated to the applicant that this application would be tabled until they could come back with answers and more detail of how to tie the tile into the existing sidewalks; that the Building Department would require public safety; and if the tile color was changed it must be presented. Boardmember Flint requested a color sample of the roof, to which Ms. Prohaska responded that it was a flat roof and not seen. Chair Strahan commented the Board needed an overall picture of the shopping center. Boardmember Stein questioned whether wheelchair ramps could be changed to have straight sides, and if not, how could tile be used. Mr. Newell commented he would check ADA guidelines to see if that was addressed. Ms. Prohaska indicated she could also check the ADA guidelines. It was noted COMMUNITY APPEARANCE BOARD MEETING MINUTES December 5, 2001 Page 5 to the applicant that if ADA did not allow tile they might need to use a sprayed on texture. The applicant indicated they would consider paint if tiles could not be used. Boardmember Stein commented that the whole shopping center should be done, including K Mart, so everything would look the same, and that the sloping sides of the ramps might be required to remain to keep wheelchairs on the ramps. The issue of the owner excluding K Mart was discussed. Ms. Prohaska indicated she was new there and there was also a new maintenance director, and they had both recommended that the entire center be done for continuity. Chair Strahan commented that some of the sidewalk had been painted green, to which Ms. Prohaska responded that had been done by Winn Dixie at their site. 4. Finding of Fact Based Upon Competent Substantial Evidence Boardmember Stein made a motion to table the application from Tamwest Realty, Inc., owner of County Line Plaza, U.S. One North, to resurface the existing exterior concrete walkways with Granitogres Casalgrande Padana the with direction to the applicant to provide the following items and the recommendation that the whole shopping center needs to be the same: 1. Revised application 2. Sample of exact tile to be used 3. Sample of exact color of building 4. ADA specifications 5. Tile layout 6. Other options and colors of other options Boardmember Sterling seconded the motion. During discussion of the motion, Boardmember Flint requested that this process be efficient so that a tenant could be found to occupy the old Winn -Dixie building. Ms. Flint requested roof tile color samples also be provided so the Board could see the whole picture. The applicant was advised if the intent was to repaint the building that color sample could be submitted also which would save an extra application. Motion carried by unanimous 4-0 vote. COMMUNITY APPEARANCE BOARD MEETING MINUTES December 5, 2001 Page 6 VI. ANY OTHER MATTERS Clerk of the Board Newell reported he was still waiting for a response from the Village Attorney regarding the application form for historical trees, as well as an opinion on a letter received from an individual who wanted to designate a 100+-year-old oak which was located on private property in order to preserve the tree. Discussion ensued, with several questions such as moving the tree, who would bear the cost of moving, what happened if someone pruned it, etc. Chair Strahan commented that restrictions could be placed in the deed to the property. Clerk of the Board Newell indicated that the Village would have the responsibility of making sure the tree was trimmed and cared for properly. Boardmember Sterling confirmed with Mr. Newell that a permit would be needed to move the tree from private property. Boardmember Sterling suggested enforcing through the permit process if someone wanted to cut a tree by identifying the tree and its age before they were issued a permit for cutting. Mr. Newell commented that the Board needed to wait for the legal opinion before going further with this matter. VII.. ADJOURNMENT Upon motion by Boardmember Stein, seconded by Boardmember Sterling and unanimously carried 4-0, the meeting was adjourned at 10:10 a.m. Respectfully submitted, Az;z:�' 4"4/A-- Betty Laur Recording Secretary