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' VILLAGE OF TEQUESTA `
• DEPARTMENT OF COMMUNITY DEVELOPMENT
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' a Post Office Box 3273 • 357 Te uesta Drive
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s �� ' �� Tequesta, Florida 33469-0273•(407)575-6220
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VILLAGE OF TEQUESTA
COMMUNITY APPEARANCE BOARD
MEETING MINUTES
OCTOBER 23, 1996
I. CALL TO ORDER AND ROLL CALL
The Tequesta Community Appearance Board held a meeting at
the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on
Wednesday, October 23, 1996. In the absence of both Chair
Leslie Cook and Vice Chair Vic Strahan, the meeting was
called to order at 9:37 A.M. by Acting Chair Paul Coben.
Boardmembers present were: Paul Coben, Claudette Dalack,
Molly McCormick, Marcia Nielson, and Steve Parker. Also in
attendance was Scott D. Ladd, Clerk of the Board.
II. APPROVAL OF AGENDA
The agenda was accepted as submitted.
III. COMMUNICATIONS FROM CITIZENS
There were no communications from citizens.
IV. APPROVAL OF PREVIOUS MEETING MINUTES
1 . Boardmember Parker made a motion to accept the minutes of
the Community Appearance Board meeting of October 9, 1996
as submitted. Boardmember Dalack seconded the motion,
which carried by unanimous vote.
Recycled Paper
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Community Appearance Board
Meeting Minutes
October 23, 1996
Page 2
IV. NEW BUSINESS
1 . An application for the installation of a 14 ' high free-
standing sign with a 6' x 8' reader portion, from V. I.P.
Properties of Distinction, 110 Bridge Road.
Andy Russo, owner of V. I .P. Properties of Distinction,
explained that the sign was proposed to be located in the
middle of the property in order to conform to new Coda
requirements, and verified that the letters would be teal
green on a white background with a black post.
Boardmember Nielson made a motion to accept the sign for
V. I.P. Properties of Distinction at 110 Bridge Road as
submitted. Board member McCormick seconded the motion.
The vote on the motion was:
Paul Coben - for
Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
Steve Parker - for
The motion was therefore passed and adopted.
2. An application for the installation of a monument-type
sign for McCarthy's Restaurant, 187 Tequesta Drive. Sign
has 2' x 2' x 8' high columns with an 8' x 4 ' oval sign
face.
Brendon McCarthy and his mother Marilyn McCarthy, owners
of McCarthy' s Restaurant, were present. Mr. McCarthy
explained that the green color depicted on the drawing of
the sign would actually be darker, or more of a hunter
green than a Kelly green. The gold color would be 24-
carat golf leaf. Mr. McCarthy described the sign as
concrete with brick bands, with the design sandblasted
into the concrete, with 24-carat gold unlit globes, and
groundlit from both sides. Landscaping would consist of
a small planter.
Community Appearance Board
Meeting Minutes
October 23, 1996 •
Page 3
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Boardmember Dalack made a motion to approve the sign for
McCarthy's Restaurant, 187 Tequesta Drive, as presented.
Boardmember Nielson seconded the motion. The vote on
the motion was:
Paul Coben - for
Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
Steve Parker - for
The motion was therefore passed and adopted.
3. An application fran Verner's Cafe, 289 U.S. One South, to
• replace the face in an existing 2 ' x 18' cabinet sign.
The new sign face reads "Verner's Cafe, Breakfast - lunch
- pastries - expresso" and has blue and orange lettering
on a white background.
Ross Marinelli, owner of Verner' s Cafe, described the
sign colors as blue and orange. Extensive discussion
ensued regarding how the proposed orange would look with
the pink building, and what other color could be used.
Consensus was reached that the color should be gold
rather than orange. Since the color chip presented was
orange and the color on the drawing was really gold
rather than orange, it was decided to remove the color
chip from the drawing so that the drawing would show only
blue and gold colors.
Boardmember Dalack made a motion to approve the sign •
design as presented for Verner's Cafe, with the blue and
gold colors to be in the shades depicted on the drawing.
Boardmember McCormick seconded the motion. The vote on
the motion was:
Paul Coben - for
Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
Steve Parker - for
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 4
The motion was therefore passed and adopted.
Steve Parker stepped down from the Board.
4 . An application from Parker-Yannette Design Group, as
agent, for .review of landscape plans for Ordinance #377
compliance for The BRITT' Building, 304 Tequesta Drive.
Steve Parker stated that he was the representative for
the applicant, Mr. Timon, owner of the building formerly
known as The BRITT Building.
Mr. Parker reviewed the following waivers:
North Property Line
1 . Six (6) canopy trees, 12' height required. One (1)
canopy tree, 12 ' ht. provided. Note: Two (2) Live
Oaks and three (3) Royal Palms are existing in the
R.O.W.
2. A 10' wide landscape strip is required. 0'
provided.
3. A 2' ht. Hedge is required. No hedge is provided.
East Property Line
4 . Seven (7) canopy trees, 12' ht. required. No
canopy trees are provided. Note: A Live Oak and
Queen Palm are existing on the neighbor' s property
line.
5. A 5' wide landscape strip is required. 0'
provided.
6. A 2 ' ht. hedge is required. No hedge is provided.
South Property Line
7 . Six (6) canopy trees, 12' ht. required. No canopy
trees are provided.
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 5
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8 . A 5' wide landscape strip is required. 0'
provided.
9. A 2' ht. hedge is required. No hedge is provided.
West Property Line
10. Seven (7) canopy trees, 12' ht. required. Eight
(8) Queen Palms, 10' - 18' ht. provided.
11 . A 10' wide landscape strip is required. 4 '
• provided.
Other
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12. A 6' x 20' landscape' island with one (1) tree
required every ten (1) ) parking spaces. One (1)
landscape island with one (1) tree required, none
provided.
13. A 6' x 20' landscape island with one (1) tree
required at- the. end of each parking row. Six (6)
islands and . six (6.) trees required, three (3)
, islands and three (3) trees provided.
14. A 4 ' wide landscape strip is required between the
building and parking rows and traffic aisles. 0'
to 3' provided on the north side, 0' provided on
the east side, 0' provided on the south side and 2'
provided on the west side.
15. Only 50% of . all trees provided in the landscape .
plan shall be palms. 93% of the provided trees are
palms.
16. Access ways from public R.O.W. maximum 24' width.
28 ' wide existing access way from Cypress Drive.
17 . 15% minimum gross parking area to be landscaped.
8% provided.
Mr. Parker explained that in view of the number of
waivers requested that the two large islands on the north
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Community Appearance Board
Meeting Minutes
October 23, 1996
Page 6
side would be cleaned up and cleared of weeds, plants
that were not doing well would be removed, native plants
(Ilex and Cocoplum) would be added, and the existing
palms would be fertilized. A tree would also be added on
the corner.
Building Official Scott D. Ladd suggested that if the
accessway on Cypress Drive were changed to meet Code that
4 ' more landscaping could be provided. Discussion
ensued. Mr. Ladd explained that 24 ' was ample room for
cars to both enter and exit; however, this was only a
one-way entry; and making this change would remove one of
the waivers. Mr. Parker agreed that the hedge could then
be extended and possibly a palm added.
Mr. Ladd stated that the Brazilian pepper needed to be
removed on adjacent land owned by the FEC Railroad, and
that the Village needed to write to the FEC to request
they remove the pepper since they had cleaned it out all
the way from Northlake Boulevard to Jupiter.
Boardmember Dalack pointed out that many different
varieties of plants existed in one section, and suggested
removing those and redoing that area. Mr. Ladd commented
that the existing plants were mostly not native. Mr.
Parker stated that the existing shrubs were not native,
and that the proposed additions would be 100% native,
which would slightly raise the existing 3% native
percentage. In response to a question of whether the
dumpster was exposed, Mr. Parker explained that the
dumpster area was enclosed with a board fence, but that
no dumpster was currently inside the enclosure. Acting
Chairman Coben commented that the condition of the
building overshadowed the landscaping, to which Mr. Ladd
responded that the owner planned to change the awnings,
to eliminate the fading and deterioration problems.
During discussion of removing the current hedge and
replacing it with a native plant material, Mr. Parker
explained that the new hedge material would be installed
at 24" height, and that full irrigation was provided, so
that it would soon grow to the 4' height of the current
hedge. Boardmember Dalack requested that more native
plants be added to the planters which contained Bird of
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Community Appearance Board
Meeting Minutes
October 23, 1996
Page 7 •
Paradise.
Boardmember Nielson made a motion to modify the landscape
plans for The BRITT Building to remove the existing
oleander and replace it with a native hedge such as
cocoplum; to change the driveway opening from 28' to 24 '
. to eliminate one waiver, and to extend the landscaping
into the 4 ' that would become available. Boardmember
McCormick seconded the motion. The vote on the motion
was:
Paul Coben - for
Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
The motion was therefore passed and adopted.
Boardmember Parker rejoined the Board.
5. An application from Cotleur Hearing, Inc. , for review of
landscape plans for Ordinance #377 compliance for The
Villager Apartments, 360 Fiesta Avenue. (Rescheduled
from September 11, 1996 meeting)
Donaldson Hearing, agent, introduced Mr. Robert Cromwell,
owner; Mr. John Pearson, building manager; and the
owner' s representative, Mr. William Shannon, Esquire.
Mr. Hearing commented that Code required 110 parking
spaces, and that only ninety 10' x 20' spaces were
provided, which were existing. Mr. Hearing explained
that smaller spaces had not been used because most of the
residents were elderly and needed to use the front spaces
because the rear parking was a dead end with potholes
where water stood for several days after a rain. Mr.
Hearing reviewed the requested waivers which he indicated
were requested because of lack of room for the required
plantings:
1. 10 ' Landscape buffer required on front and rear
property lines, 0 proposed.
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 8
2. 650 L.F. Plant hedge 24" height at time of planting
required at front and rear, 0 proposed.
3. 22 trees required in rear, 20 trees required in
front, 0 proposed.
4 . Terminal islands required, none proposed.
Mr. Hearing explained that the fourth waiver, for relief
from providing terminal islands, was requested because
of the need to provide as many parking spaces as possible
in an area already short of the number required by Code,
and therefore would not be practical or reasonable with
the elderly population of the building. Mr. Hearing
commented that the plan proposed addition of 28 trees and
several shrubs, and addressed areas visible from the
streets. Mr. Hearing explained that power lines in the
rear also were a problem.
Acting Chairman Coben questioned the percentage of native
plants, to which Mr. Hearing responded that the plants
which were proposed to be planted included in excess of
60% native plant material; however, because of existing
oleander and viburnum hedges, the total native
requirement would not be met; however, the native tree
requirement would be met. The net percentage would be
approximately 20% native. Mr. Hearing explained that all
trees proposed to be added would be native with the
exception of one tabebuia to be used for accent, which
was a xeriscape plant.
Acting Chairman Coben pointed out that the native
percentage had not been listed as a waiver, and would be
a fifth waiver.
Boardmember Nielson commented that existing landscaping
was not consistent. Mr. Hearing explained how
consistency would be achieved with the additional trees
proposed.
Acting Chairman Coben commented on the 10' x 20' parking
spaces, and suggested that changing only 1/3 of the
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Community Appearance Board
Meeting Minutes
October 23, 1996
Page 9
spaces to 9-1/2 ' width could provide room for islands; or
giving up an average of 3" per space could provide room
for two or three islands--which would be a small price to
pay to provide some green space within the expanse of
asphalt. Acting Chairman Coben explained that the Board
was not trying to impose rigid standards, but that the
intent of Ordinance 377 had been to correct things just
like this parking lot, to get some green in the lot. Mr.
Hearing responded that economics was not the concern,
but that 60% of the buildings' population was older than
sixty and it was a real problem. Boardmember Dalack
questioned what the problem was with the population being
elderly. During ensuing discussion, Acting Chairman
Coben commented that only some of the cars were large,
and that the Board was not proposing 9' wide spaces, even
though that was the new standard, but that if each space
was changed from 10' to 9'8", no one could tell the
difference, and there would be space for three islands.
Clerk of the Board Scott D. Ladd commented that double
striping 9' spaces helped, since people would center on
double lined spaces, but would cross-park on single
lines. It was pointed out that the spaces on the Publix
parking lot were less than 10' , were double lined, and
were ample. Mr. Ladd suggested that if 60% of the
population was elderly, then the lot could be restriped
to make .60% of the spaces 10' wide. Mr. Hearing
explained that when it rained all of the elderly people
needed to park in front, and there was not room.
Boardmember McCormick questioned who was responsible to
correct the drainage problem. Mr. Ladd commented that
the drainage would be addressed by the Village through
the new Stormwater Utility. Mr. Hearing explained that
the younger people parked in the rear.
Acting Chairman Coben suggested that islands could be
placed in line with existing water lines; that he did not
feel it appropriate to coerce the applicant into
adjusting the size on all of the parking spaces, but that
he believed it was insulting to the residents to say
that some of them could not handle 9-1/2' parking spaces.
Boardmember Parker recommended that islands be placed
right across from the buildings to provide a buffer.
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 10
Attorney Shannon, representing the owner, commented that
the ideas offered had not been considered by the
applicant and that he would like to take all of the ideas
back to the owner for consideration of the overall cost
and practicality. Attorney Shannon stated that the
applicant' s position was that 10' wide parking spaces
were the minimum practical; however, perhaps 9' 8" would
be possible, and that the fire wall must be considered in
making any changes. Attorney Shannon requested that this
application be continued to the next meeting so that the
applicant could possibly return with a revision to the
plan.
Boardmember Nielson made a motion to table the
application from The Villager Apartments until the next
meeting. Boardmember Dalack seconded the motion. The
vote on the motion was:
Paul Coben - for
Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
Steve Parker - for
The motion was therefore passed and adopted.
Boardmember Parker recommended that islands within the
north and south parking lots be centered in front of some
of the buildings and contain palms and oak trees, which
would grow to be large. This would' break up the parking
lot as well as soften the buildings.
6. An application from Cotleur Hearing, Inc. , for review of
a revised landscape plan for the McCarthy's Restaurant
portion of the Tequesta Oaks Development, 187 Tequesta
Drive, Tequesta.
Rick Green, employee of the DiVosta organization and
agent for Tequesta Oaks Development, explained that when
the Community Appearance Board had approved the Tequesta
Oaks landscape plan that they had made eight suggestions
for the applicant's consideration. Mr. Green stated that
Community Appearance Board
Meeting Minutes
.October 23, 1996
Page 11
some of those suggestions had been implemented during
Phase I, including the twelve entry trees suggested by
the Board to be 18' which had been installed at 28 ' to •
30' . Also, live oaks were specified at 12' - 14 '
throughout the remainder of the project; and these had
been recommended to all be 14 ' by the Board, however,
those installed during Phase I had been installed at 18'
- 20' . Other suggestions such as adding additional cold
hardy plants, mixing in some Sabal palms would be done
during the first phase, and some of the other suggestions
would be addressed during construction of the residential
portion of the project. The applicant was back before
the Community Appearance Board to seek approval for
thirteen additions to the originally approved plan. Don
Hearing reviewed the major changes proposed. The
proposed revisions to the plan were:
1 . Replace the Oak trees along the parking lot wall
with 10' clear trunk (C.T. ) Sabal Palms located
10' on center.
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2. Along the existing building, immediately east of
the Fidelity Federal Bank, add Sabal Palms to
complement the Cocoplum hedge planned as a buffer
to the parking lot.
Note: Between items #1 and #2 above, a total of 48
Sabal Palms will replace 12 Live Oak trees.
3. Replace the five Coconut Palms located at the
entrance to Tequesta Oaks with five Live Oak
trees. Additionally, a 5' Podocarpus hedge to
reinforce the arrival statement has been added.
The groundcover has been simplified and will be
Indian Hawthorne or annuals.
4 . Replace the three Washingtonian Palms located in
the parking lot (one group behind the McCarthy' s
Restaurant and one group behind the bank) with a
Live Oak tree.
5. Replace the six Washingtonian Palms located in the
parking lot (behind the McCarthy' s Restaurant)
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Community Appearance Board
Meeting Minutes
October 23, 1996
Page 12
with two Live Oak trees.
6. Replace the three Washingtonian Palms located
behind the McCarthy' s Restaurant (northwest
corner) with an Ilex Cassine tree. These Palms
would be obscured as presently planned by the
utility area but can be made more visible if
replaced with another type tree.
7. Due to the large canopy of the large Live Oak
trees along the entrance to the project (28' to
30' ) , it is recommended that the three
Washingtonian Palms be eliminated.
8. A Live Oak tree will be planted immediately in
front of the restaurant in lieu of the three
Washingtonian Palms. The planting bed has been
modified slightly in keeping with this change.
9. Continue the Orange Jasmine hedge planned in front
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of •the Fidelity Federal Bank on the east side of
the entrance to the west side of the entrance in
front of the restaurant. The hedge will be
planted in such a fashion that it will not
obstruct the proposed McCarthy's Restaurant sign
located on Tequesta Drive. The Orange Jasmine
hedge on the east side, parallel to the entrance
road, will also be extended to the north and to
the south.
10. Add Hibiscus trees between the bay windows located
on the east, north and south sides of the
restaurant to complement the Live Oaks. An Orange
Jasmine hedge will also be planted around the bay
windows.
11 . Per the CAB' s direction (recommendation #4) , an
alternative cold hardy plant (Ilex shillings) will
be placed along the east side of the restaurant.
12. Sabel Palms are being added as an option in all
areas where Coconut Palms have been specified.
While a final decision has not been made, the
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 13
Sabal Palm is more in keeping with the Oak Trees
and the native plant pallet proposed.
13. Replace the two Royal Palms at the terminus of the
main road (Tequesta Oaks Drive) with two Live Oaks
to better frame the "terminated vista".
Mr. Hearing explained that the applicant was installing
good size, good quality trees which would be
maintained.
The Board was very happy with the proposed changes.
Mr. Ladd questioned where on the plans three coconut
palms were indicated to be changed to five sabal palms.
Mr. Hearing explained that it was desired to have that
option, however, the coconut palms might be kept. Mr.
Green explained that the applicant was hoping for
approval so that the landscaping changes could be made
immediately since the McCarthy' s Restaurant was
scheduled for opening three weeks from Friday of this
week.
Boardmember Nielson made a motion to approve the
revisions to the Tequesta Oaks landscape plan as
proposed. Boardmember McCormick seconded the motion.
During discussion of the motion, the applicant
responded to Boardmember Parker's question regarding
whether the Sabals were booted, that they were in this
area in order to provide screening. Boardmember Parker
suggested that some clear trunks be mixed in during
later phases. Clerk of the Board Ladd questioned
whether the applicant was addressing the Village's
dilemma with the water mains being under the big trees,
to which the applicant responded that their engineers
were working on the problem, and that a letter of
indemnification would be provided to Water Department
Manager Tom Hall. The vote on the motion was:
Paul Coben - for
• Claudette Dalack - for
Molly McCormick - for
Marsha Nielson - for
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 14
Steve Parker - for
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The motion was therefore passed and adopted.
VI. UNFINISHED BUSINESS
Acting Chairman Coben questioned why the parking lot had
been asphalted and striped on the project where the
innovative parking had been designed by Ms. O'Mahoney. Mr.
Ladd responded that the property owner was aware that they
would have to cut out asphalt to install the approved
landscaping.
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VII. ANY OTHER MATTERS
Code Enforcement Officer Davis reported that The Flame case
would be heard the next morning at the first Special Master
Code Enforcement Hearing. Officer Davis reported there were
eight other cases pending for non-compliance of Ordinance
#377, which would be scheduled for hearing as the process
continued. In response to a question regarding payment for
the services of the Special Master, Officer Davis explained
that payment would be from the Police Department budget,
that the Special Master would be paid $100 an hour, and
estimated that she would work two hours per month.
Boardmember Nielson suggested that publication in' the
Courier of pending cases might cause sufficient
embarrassment for compliance. Officer Davis explained that
the hearings before the Special Master would be quasi
judicial hearings during which strict rules of evidence must
be followed, and that circumstantial evidence and hearsay
testimony would be allowed. Fines would be collected and
turned over to the Village. Appeals would be heard by the
Appellate Court. Officer Davis explained that homesteaded
residential property could not be foreclosed, however,
business property could be foreclosed. All orders issued by
the Special Master would be hand carried to the County
Courthouse .for recording.
After Boardmember Nielson requested the status on Tequesta
Plaza, Boardmember Dalack commented that a relative who
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 15
lived in Charlotte had told her about an old K-Mart which
had been remodeled and was gorgeous, and that she could get
more information regarding how that had been done. Clerk
of the Board Scott D. Ladd reported that he could not
• comment on the status of the property because of the ongoing
lawsuit, but that the spaces were either for rent or for
sale depending upon the whim of the owner, and that a
hindrance to sale was the violations to the landscape code
and to the sign code.
Councilmember Carl Hansen thanked the Community Appearance
Board for their work on applications for compliance with
Ordinance 377, and expressed his gratitude for the Board's
help provided to the Village Council in regard to these
applications. Councilmember Hansen stated he was speaking
for himself, and that he appreciated the Board' s position
taken earlier in the meeting that a large expanse of asphalt
should be broken up with landscaping. Mr. Hansen urged the
Board to continue their good work, commented that the
Village Council wanted to back up the Community Appearance
Board, and stated that he personally wanted to thank the
Board.
Officer Davis reported that Joanne McCabe would take the
initiative regarding the Park Avenue hedge, and that the
problem would be taken care of.
Councilmember Carl Hansen commented that he had contacted
several municipalities to ask why they had changed from a
Code Enforcement Board to the Special Master system when
adoption of the new system was being considered by the
Village Council. The other cities had reported that they
believed it was a better system than having neighbor judging
neighbor, which was what happened in the Code Enforcement
Board system.
It was reported that Wade Griest had been absent from recent
meetings because of illness, but was improving.
IX. ADJOURNMENT
The meeting was adjourned at 10:55 A.M.
Community Appearance Board
Meeting Minutes
October 23, 1996
Page 16
Respectfully sub itted,
Bett Laur
Recording Secretary
ATTEST:
ott D. Ladd
Clerk of the Board
DATE APPROVED:
i Yi