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HomeMy WebLinkAboutDocumentation_Regular_Tab 5A_12/15/1988 I- 4 <co r i'r.n, . VILLAGE OF TEQUESTA. � � .• _� Post Office Box 3273 • 357 Tequestz Drive "-� � ` Tequesta, Florida 33469-0273 • (407) 5715-6200 XTILLAGE OF TEQUEE TA Nr I L L AG E COUNCIL MEETING M=NUT E S D EC EMB Eit 1 • 1 9 8 E3 I. The Tequesta Village Council held a regularly scheduled Village Council Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida on Thursday, December 1, 1988. The meeting was called to order at 5:30 P.M. by Mayor Ron T. Mackail and a roll call was taken by the Village Clerk. Councilmembers present were William E. Burckart, Joseph N. Capretta, Earl L. Collings, Vice-Mayor Edward C. Howell, and Mayor Ron T. Mackail. Village Officials present were: Thomas G. Bradford, Village Manager; Wendy K. Harrison, Administrative Assistant to the Village Manager; John C. Randolph, Esq. , Village Attorney; Department Heads, and Bill C. Kascavelis, Finance Director/Clerk. II. Vice-Mayor Edward C. Howell gave the Invocation and led those in attendance to the Pledge of Allegiance to the American Flag. III. APPROVAL OF AGENDA A) The Village Manager requested that the agenda be amended to include Item VII C, "An Application for a Site Plan Review received from Bank Atlantic, an out-parcel at County Line Plaza. " B) The Village Manager requested discussion of a letter to the Palm Beach County League regarding voting matters, under Item X, ANY OTHER MATTERS. C) Councilmember Burckart stated that he would review matters discussed at the last meeting of the Losahatchee River Management Council, which he attended, under Item X, ANY OTHER MATTERS. Councilmember' Collings moved, seconded by Councilmember Capretta, "to approve the Agenda as amended." The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the Agenda was therefore approved as amended. Village Council Meeting Minutes December 1, 1988 Page Two - IV. PUBLIC HEARINGS A) The Village Attorney read by title the second reading of Ordinance No. 379, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ZONIP'G ORDINANCE NO. 355, AS AMENDED, BY AMENDING SECTION IV, DEFINITION; SECTION 7, SCHEDULE OF USE REGULATIONS, BY ADDING AN ADDITIONAL SPECIAL EXCEPTION USE TO THE "C-2" COMMUNITY COMMERCIAL DISTRICT AND AN ADDITIONAL PERMITTED USE TO THE "C-3" GENERAL COMMERCIAL DISTRICT; SECTION 8, OFF-STREET PARKING AND LOADING REGULATIONS, PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. " The Village Manager reviewed the revisions to the Ordinance provisions which were made at the previously held first public hearing. Upon completion of the Village Manager's review, Mayor Mackail requested that the Village Attorney read the Ordinance in entirety denoting all additions and revisions, which would enable those in attendance who had concerns of the Ordinance provisions to have full knowledge of the Ordinance being considered for adoption. Upon completion of the reading of Ordinance No. 379, Mayor Mackail opened the floor for discussion of the Ordinance provisions. During the discussions Councilmember Collings expressed concern that generic terms should be used throughout the Ordinance which would prohibit the use of the facility for a used car dealership as a primary purpose. Councilmember Capretta and Vice - Mayor Howell expressed concern for providing a density ratio which would reduce the visibility of automobiles displayed from U.S. Highway One traffic, by reducing the number of automobiles to be displayed on the front line or by requiring additional - landscaping. Councilmember Capretta and Vice-Mayor Howell also expressed concerns that various sections of the Ordinance as written were too prohibitive and would discourage potential annexations into the Village. Upon the recommendation of Councilmember Capretta, Council reviewed and amended numerous provisions of the Ordinance as drafted. The Mayor requested the Village Council to heed the advice of the Village Attorney and postpone first reading until December 15th. The Mayor then announced that the public hearing would be continued at the December 15, 1988 Council Meeting, at which time the Ordinance would be read for the second and final reading. Village Council Meeting Minutes December 1, 1988 Page Three - Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the first reading of Ordinance No. 379 as amended orally at this evening's meeting. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - against Joseph N. Capretta. - for Earl L. Collings - for the motion therefore passed and the first reading of Ordinance No. 379 was adopted. The Village Attorney was directed to revise the Ordinance draft as amended. Note: a copy of Ordinance No. 379 and a revised copy of Ordinance No. 379 containing amendments adopted at this evening's meeting are attached to these minutes for informational purposes. B) Mr. David Sullivan, agent of Coachman Inns of America, Inc. , reviewed a request for a Special Exception Use for the construction of a 113 unit hotel, consisting of a three- building complex within the C-2 Commercial Zoning District of the Village. Mr. Sullivan also reviewed the Site Plan Review application of the proposed hotel complex, and also noted that the proposed site plan had recently been approved by the Village Community Appearance Board. 1) Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta 'to approve the Application for Special Exception Use received from Coachman Inns of America, Inc. , as requested. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Special Exception Request was adopted. Village Council Meeting Minutes December 1, 1988 Page Four - 2) Councilmember Collings moved, seconded by Councilmember Capretta "to approve the Site Plan Review Application received from Coachman Inns of America, Inc. , for the 113 unit hotel as submitted, subject to the following conditions: 1. "that all present and future utilities including power transmission lines to the hotel be placed underground, 2. that the Village be provided with a landscaping survivability bond in the amount of 125% of the estimated landscaping cost, 3. that the existing billboard located on the property be removed. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Site Plan Review Application for the 113 unit hotel consisting of a three- building complex for Coachman Inns of America, Inc. , was adopted. V. APPROVAL OF MINUTES AND REPORTS A) Vice-Mayor Howell moved, seconded by Councilmember Capretta, "to approve as submitted the Village Council Meeting Minutes for the meeting held November 17, 1988, the Village Manager's Report covering the period November 14 through November 25, 1988, and the Village Council Workshop Meeting Minutes of the November 21, 1988 meeting. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for Village Council Meeting Minutes December 1, 1988 Page Five - the motion therefore passed and the Minutes were adopted. VI. COMMUNICATIONS FROM CITIZENS A) None VII. DEVELOPMENT MATTERS A) Mr. Jonathan R. Knapp, contractor, Complete Service Company of Lake Worth, discussed the Site Plan Review for a T.V. Satellite Dish for Nicole's Restaurant located at 157 U.S. Highway One. Councilmember Collings questioned the elevation and visibility of the proposed installation. Mr. Knapp noted that the polar axis design of satellite dishes eliminates any increase in the height of the dish regardless of the azimuth of the signal setting. Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the Site Plan Review for the Satellite Dish Application for Nicole's Restaurant, Inc. , 157 U.S. Highway One, with the condition that the installation will not be visible from the center of U.S. Highway One or closer to this site. If the foregoing conditions are not met, the installation shall be removed or a buffer technique acceptable to the Village Council and landlord will be required. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the Site Plan was adopted. B) Mr. Mark Pantlin, owner, County Line Plaza, presented a Site Plan Review for a Satellite Dish Application for K-Mart Department Store, 500 U.S. Highway One. Upon completion of the review, Councilmember Collings moved, seconded by Vice- Mayor Howell, "to approve the Site Plan Review for the Village Council Meeting Minutes December 1, 1988 Page Six - Satellite Dish Application for K-Mart Department Store, 500 U.S. Highway One, with the understanding that the installation will not be visible from the center of U.S. Highway One or closer to the site. If the foregoing conditions are not met, the installation shall be removed or a buffer technique acceptable to the Village Council and landlord will be required. " The vote on the motion was: Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. Note: Councilmember Burckart did not vote on the motion and indicated that he would file a Conflict of Interest Form concerning the issue. C) Mr. Mark Pantlin, owner, County Line Plaza, presented the Site Plan Review for Bank Atlantic to be constructed on an out-parcel at County Line Plaza. Upon completion of the review, Councilmember Collings moved, seconded by Councilmember Capretta, "to approve the Site Plan Review proposed for Bank Atlantic at County Line Plaza as presented, subject to the following conditions: 1. "that all present and future utilities, including power transmission lines, be installed underground, 2. that a landscaping survivability bond in the amount of 125% of the landscaping cost be provided the Village, 3. that the building permit issued for the project stipulate that construction shall not commence until the utilities located north of the proposed construction site at Coachman Inns are placed underground. " The vote on the motion was: • Village Council Meeting Minutes December 1, 1988 Page Seven - Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and Site Plan was adopted. Note: Councilmember Burckart did not vote on the motion and will file a Conflict of Interest Form regarding the matter. VIII.UNFINISHED BUSINESS A) The Village Attorney read by title the second reading of Ordinance No. 378, "AN ORDINANCE OF THE VILLAGE OF TEQUESTA, FLORIDA, ANNEXING A CERTAIN PARCEL OF LAND TO THE TERRITORIAL LIMITS OF THE VILLAGE OF TEQUESTA. " The proposed annexation parcel consists of a 2.46 acre site located west of U.S. Highway One, immediately north of the recently annexed Coachman Inns of America property. During a discussion of the proposed annexation, the property owner, Mr. Robert A. Walsh, assured Council he was desirous of the annexation into the Village. Councilmember Collings moved, seconded by Councilmember Capretta, "to adopt the second reading of Ordinance No. 378 as presented. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the second reading of Ordinance No. 378 was adopted. IX. NEW BUSINESS Village Council Meeting Minutes Decemberl, 1988 Page Eight - A) The Village Manager reviewed a memorandum requesting Authorization to Execute an Agreement for Services with JLH Associates for Professional Planning Services which would provide a flexible means for the Building Department to secure professional services during this time of heavy community development activity without hiring full-time staff personnel. Mr. Bradford further noted that Jack Horniman, President of JLH Associates, previously provided. the planning services necessary for the Village's current Comprehensive Plan and, as such, is familiar with the Village Planning and Zoning Regulations. Mr. Bradford introduced Mr. Horniman to the Council, and after a brief discussion, Councilmember Collings moved, seconded by Councilmember Capretta, "to authorize the Village Manager to execute an agreement with JLH Associates for Professional Planning Services, as requested. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. B) The Village Attorney read by title the first reading of Ordinance No. 380, "AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING APPENDIX B, SUBDIVISION REGULATIONS, AND ARTICLE V RELATING TO IMPROVEMENTS PRE-REQUISITE TO FINAL APPROVAL BY PROVIDING AN ADDITIONAL SECTION 11 WHEREBY ALL UTILITIES, EXISTING AND PROPOSED, SHALL BE PLACED UNDERGROUND, THEREBY PROVIDING ADDITIONAL REQUIREMENTS FOR FINAL PLAT APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. " Upon completion of the reading, Councilmember Burckart moved, seconded by Councilmember Capretta, "to adopt the first reading of Ordinance No. 380, as presented. " The, vote on the motion was: Village Council Meeting Minutes December 1, 1988 Page Nine - William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and the first reading of Ordinance No. 380 was adopted. C) The Village Manager reviewed a draft of Ordinance No. 381, an Ordinance Amending Section 10 of the Official Zoning Ordinance of the Village of Tequesta, by adding Item T, Utility Services, requiring all utility service lines within any zoning district of the Village to be placed underground upon development of said property. The provision shall also apply to all new construction as well as any renovation, restoration, or construction activity to an existing structure wherein the said renovation, restoration, or construction activity value is greater than 50% of the assessed value of the existing structure. The Ordinance further stipulated that compliance with the intent of this regulation shall be a pre-requisite to the issuance of a building permit by the Building Official. Upon completion of a brief discussion of the proposed legislation, Councilmember Capretta moved, seconded by Councilmember Burckart, "that the Village Manager proceed with the advertisement of the proposed Ordinance as drafted. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. Village Council Meeting Minutes December 1, 1988 Page Ten - X. ANY OTHER MATTERS A) Councilmember Burckart reported he attended the November meeting of the Loxahatchee River Management Cordinating Council which was rather uneventful. He stated the County was scheduled to review the proposed County Comprehensive Plan which is still pending completion, and particulars of the County Road Ordinance that was recently adopted by referendum which also has not been finalized. B) The Village Manager reported that he attended the last meeting of� the Palm Beach County Municipal League on behalf of Council's Designated Representative. Mr. Bradford noted for lack of a letter on file authorizing him to vote in the absence of the designated representative, he was not permitted to vote on issues on behalf of the Village. Accordingly, Mr. Bradford requested Council 's authorization to notify the Palm Beach County Municipal League by letter, that he was designated to vote in the absence of Tequesta designated representatives. Council approved the request. C) Councilmember Capretta questioned the status of the Village Sign Ordinance which was referred to the Finance and Administration Committee of Council. Mr. Bradford responded that the Committee Chairman, Councilmember Collings, had held Committee Meetings and provided him with recommended changes to the Ordinance. Mr. Bradford further noted that the revised draft of the Ordinance was near completion and Member Collings would review the final draft and review the recommended changes with the Community Appearance Board prior to proposing the final Ordinance Draft to Council for consideration and adoption. Mr. Bradford also noted that the final draft of the proposed legislation to amend the Sign Ordinance, would appear as an item for the December 15, 1988 Council Meeting. Councilmember Capretta also questioned the status of the proposed Code Enforcement Board which was also assigned to the Finance and Administration Committee of Council. Mr. Bradford responded that he had secured a tape detailing the functions of a Code Enforcement Board and A P Village Council Meeting Minutes December 1, 1988 Page Eleven - would forward the tape to Councilmember Collings for his review prior to scheduling a Committee Meeting to discuss and review the proposal. D) Councilmember Burckart requested a status report of a proposed Ordinance Draft requiring issuance of permits by the Building Department prior to the clearing of land within the Village by developers. After a brief discussion of the issue, Councilmember Burckart moved, seconded by Councilmember Colings, "that the Village Manager review the issue and draft an Ordinance requiring the issuance of a permit from the Village prior to the clearing of any undeveloped land within the Village. " The vote on the motion was: William E. Burckart - for Edward C. Howell - for Ron T. Mackail - for Joseph N. Capretta - for Earl L. Collings - for the motion therefore passed and was adopted. There being no other matters before the Council, the meeting was adjourned at 8:35 P.M. Respectfully submitted, Bill C. Kascavelis Finance Director/Clerk BCK/jmm Enclosures DATE APPROVED: December 15, 1988