HomeMy WebLinkAboutMinutes_Local Planning Agency_2/16/2023MINUTES
LOCAL PLANNING AGENCY MEETING
VILLAGE OF TEQUESTA, FL
February 16, 2023 5:30 PM COUNCIL CHAMBERS
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 Associate Planner, McKenna Page. Present were: Board Chair Janet Strand, Vice -Chair
Steven Eagen, Board Members Elizabeth Schauer, Leslee Dasher, Theresa Maggio, Sherry
Ambrose, Jeanne McEldowney, and Marie Sapirie. Also present were Village Attorney, Dylan
Brandenburg; Senior Planner, Lance Lilly; and Community Development Director, Nilsa Zacarias.
APPROVAL OF AGENDA
MOTION: Vice -Chair Eagen made a motion to approve the agenda. Member Schauer seconded
the motion. Carried unanimously 5-0.
APPROVAL OF MINUTES
MOTION: Member Schauer made a motion to approve the previous meeting minutes from
November 17, 2022. Member Maggio seconded the motion. Carried unanimously 5-0.
AGENDA ITEMS
ORDINANCE NO. 03-23: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER
78. ZONING., AT ARTICLE IX. SUPPLEMENTAL REGULATIONS., SEC. 78-284. WALLS AND
FENCES. TO ALLOW WALLS AND FENCES TO BE LOCATED FORWARD OF THE FRONT
BUILDING LINE IN CERTAIN CIRCUMSTANCES; PROVIDING THAT EACH AND EVERY
OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN IN FULL
FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CAUSE, A
SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY, PROVIDING AND EFFECTIVE
DATE, AND FOR OTHER PURPOSES.
Senior Planner, Lance Lilly, provided a brief background and explained that the purpose of the
ordinance is to reduce the amount variance requests for fences.
Vice -Chair Eagen requested clarification of which lots would meet the ordinance criteria. Mr. Lilly
explained that the Ordinance applies to lots that meet the specific lot and setback requirements
such as those along Riverside Drive and Point Drive.
Thomas Bradford, Tequesta resident, voiced his concern that the proposed ordinance may be too
vague and recommended that the Village consider an aesthetic review requirement. Marie
Sapirie, Tequesta resident, shared her concern that the ordinance would also include multifamily
developments and mentioned how the fences may affect safety and community appearance.
Member Schauer mentioned that she requested staff look to into changing the code to reduce the
ongoing variance applications along Riverside Drive. Director Zacarias reiterated that the
ordinance applies to properties that meet the lot depths and front setbacks and mentioned that it
is based on the size of a lot rather than the location. She also mentioned that the Local Planning
Agency (LPA) could make a recommendation to include landscape buffers/screening for any
proposed wall or fence that is associated with the ordinance.
Board Member Schauer requested clarification on how fence, wall, or gate permits would be
reviewed after the Ordinance was approved. Director Zacarias informed her that the Building
Department would review the fence permits as they do currently. Member Schauer suggested
that the Ordinance include a buffer or landscaping to screen any proposed fence or wall. Board
Chair Strand suggested that the Ordinance include required setbacks from the front property line
as well as regulate the materials used.
Member Maggio asked how strictly the Village could enforce the type of materials for walls and
fences. Mr. Lilly stated that the current code requires gate and column applications appear before
the Board, but it would ultimately be up to the Board's discretion. He mentioned that if the Board
would like to require an aesthetic review, then they could make the recommendation to staff.
MOTION: Board Chair Strand made a motion to recommend approval of Ordinance 03-23 with
the condition to add a 15-foot setback from the front property line, fence material that is consistent
with the area, a landscaping requirement, and that applications must appear before the Planning
and Zoning Board for final approval. Member Schauer seconded the motion. Carried 4-1.
ORDINANCE NO. 04-23: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER
10. ANIMALS., AT ARTICLE III. SEA TURTLE PROTECTION. BY REPEALING THIS ARTICLE
IN ITS ENTIRETY AND RE -ADOPTING IT IN ORDER TO INDICATE THE VILLAGE'S
ADOPTION OF AND ADHERENCE TO PALM BEACH COUNTY'S SEA TURTLE
PROTECTION REGULATIONS AND IMPART UPON PALM BEACH COUNTY THE
JURISDICTION AND ENFORCEMENT AUTHORITY FOR SUCH REGULATIONS; AND ALSO
RETAIN VILLAGE REGULATIONS REGARDING STANDARDS FOR MECHANICAL BEACH
CLEANING; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF
CHAPTER 10. ANIMALS. SHALL REMAIN /N FULL FORCE AND EFFECT AS PREVIOUSLY
ADOPTED; PROVIDING A CONFLICTS CAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.
Mr. Lilly explained that the subject ordinance would allow the County to have jurisdiction to enforce
sea turtle regulations. He also introduced Teal Kawana, Environmental Analyst from Palm Beach
County, to answer any of the Board's questions.
Ms. Kawana mentioned that eleven municipalities have opted in to Palm Beach County's
Ordinance, which gives the County jurisdiction over the sea turtle plan and lighting reviews for
new and existing buildings. She continued that the County also monitors the lighting during sea
turtle season and issues violations for buildings that do not adhere to Palm Beach County Code.
Member Dasher questioned whether the Ordinance would revoke the Village's jurisdiction in
enforcing any policy regarding sea turtles. Mr. Lilly stated that this Ordinance would give the
jurisdiction to the County, meaning any violations that the Village is made aware of would have to
be sent to the County for further action.
Marie Sapirie questioned what "mechanical beach cleaning" and "alter beach profiles" meant in
Palm Beach County's Ordinance. Ms. Kawana stated that the mechanical beach cleaning section
was already in Tequesta's code and that it was included in the ordinance since it is in the County's
regulations. She also mentioned that the intent of the section regarding altering beach profiles is
to restrict any alterations to the beach.
MOTION: Member Schauer made a motion to recommend the approval for Ordinance 04-23.
Vice -Chair Eagen seconded the motion. Carried unanimously 5-0.
ORDINANCE 05-23, AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER
78. ZONING. AT SECTION 78-177. C-2 COMMUNITY COMMERCIAL DISTRICT. TO INCLUDE
VERTERINARY OFFICE AS A SPECIAL EXCEPTION USE IN THAT ZONING DISTRICT;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUB -SECTION OF CHAPTER
78. ZONING. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO
CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
Mr. Lilly explained the purpose of the ordinance would be to allow veterinary offices as a special
exception use in the C-2 Community Commercial District. Prior to this Ordinance, veterinary
offices were only allowed in the C-3 General Commercial District. Mr. Lilly also mentioned that on
January 30, 2023, the ordinance was heard at the Village Council workshop.
Mr. Bradford mentioned that by including a veterinary use in the C-2 district, the ordinance would
have the potential to create a conflict between residential and commercial uses and requested
that the Board consider rewording the language. Marie Sapirie shared her concern that the Village
may not have enough information to consider this Ordinance.
Peter Hofheinz, Palm Beach County resident, voiced his support for the ordinance and his
appreciation for the Village considering the change in the code. Myles Rowley, Tequesta resident,
also shared her support of the ordinance and mentioned that there are parcels located in the C-2
District that provide more open space for the animals than any parcel in the C-3 District.
Director Zacarias explained the special exception use process and clarified the definition of
veterinary offices, which prohibits the boarding of animals unless it is associated with a medical
operation.
Member Schauer and Board Chair Strand indicated that this ordinance should have a condition
that veterinary offices only be allowed in freestanding buildings. Member Dasher mentioned that
the Village has various pet -related ordinances that should help resolve any issues regarding
animal waste or noise.
MOTION: Board Member Schauer recommended approval for Ordinance 05-23; Vice -Chair
Eagen seconded the motion. Carried unanimously 5-0.
Discussion on the Beach Road Design Guidelines Checklist
Director Zacarias gave a brief presentation on the Beach Road Design Guidelines Checklist. The
presentation included an overview of the Checklist and how the Board can use the Checklist
during site plan reviews.
Member Schauer asked how to make revisions to the Design Guidelines document. Director
Zacarias replied that this is a "living document," so any changes that need to be made will go
through the same process as any other code changes.
Mr. Bradford complemented the document and asked that the Board support Staff going forward.
He also mentioned that burying overhead utilities underground should be mandated. Alternate
Member Jeanne McEldowney also complimented and mentioned the usefulness and importance
of the document.
Member Schauer shared a resident's concern about Seaglass having more than one owner per
unit. Director Zacarias stated that the Village does not regulate the ownership of condominium
units. Mr. Lilly mentioned that timeshares are prohibited within the Village Code.
STAFF COMMENTS
There was no Staff comment.
PUBLIC COMMENTS
There was no Public comment.
BOARD COMMENTS
There was no Board comment.
ADJOURNMENT
MOTION: Member Schauer made a motion to adjourn at 7:02 pm. Member Maggio seconded the
motion. Carried unanimously 5-0.
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