HomeMy WebLinkAboutDocumentation_Regular_Tab 9C_7/24/1997 Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manager /9 ' '
Date: July 17, 1997
Subject: South Cypress Drive Streetscape; Agenda Item
Pursuant to my previous correspondence to you regarding this
subject, copy attached, we have gone forward with the drafting of
a Streetscape Plan for South Cypress Drive. Attached hereto,
please find a drawing of the same.
Please understand that there must be continuity within the public
right-of-way. Therefore, we recommend that a streetscape,
identification of the specific trees allowed within a specific
right-of-way, be adopted for South Cypress Drive. The Plan has
been prepared by Mr. Jim Parks of Gee & Jenson, who will be
available to review the same and answer any questions that you
may have.
As you know, parking is at a premium on South Cypress Drive.
Therefore, property owners are contemplating continuation of
utilization of the right-of-way for parking purposes . In order
for property owners to use the right-of-way for parking purposes
and compliance with Ordinance No. 377, we have had the attached
Agreement for Right-of-Way Usage drawn up for your consideration
of adoption. This spells out the terms and conditions for said
right-of-way usage. Please bear in mind that your adoption of
this Streetscape Plan only pertains to the trees and hedges
contained within the Plan. The configuration of parking on
private property and/or in portions of the right-of-way is
optional. The Village will not require the property owner to
provide parking in such fashion. However, we will not allow the
property owner to use the right-of-way in a fashion that affects
the desired continuity for landscaping, alignment of proposed
curb and gutter, provision of necessary drainage retention areas,
and continuation of minimum 12 ' vehicular lanes. The proposed:
curb arid gutter will be required. Whenever the property owner
wishes to use public right-of-way to comply with Ordinance No.
377, they must comply with the proposed streetscape as attached
hereto and provide curb and gutter. ' Certain areas have already
been approved by the Village, and as such, the cost of this
streetscape in those areas must ultimately be borne by the
Village.
Lastly, of perhaps the greatest importance, is that the. Cypress
Drive Drainage Improvement Project is forthcoming. Drainage
improvements in this area are contemplated and have been noted on
the Plan. Affected owners on Cypress Drive should not be
required to move forward with their improvements until such time
as the Cypress Drive Drainage Project is completed. The Village
Council should take some formal action in this regard. Property
owners not affected by the Drainage Project should be required to
proceed on a timely basis .
It is recommended that the Village Council adopt the attached
Streetscape, in order to ultimately accomplish major landscaping
improvements to this roadway, protection of the same through curb
and gutter and provision of long needed drainage retention. areas
for absorption of runoff.
TGB/krb
Attachment
council\071797-3.sam
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Memorandum
To: Village Council
From: Thomas G. Bradford, Village Manager
Date: 07/11/1997
Subject: Streetscape for South Cypress Drive
It has come to my attention that the remainder of those property
owners on South Cypress Drive, from Tequesta Drive to Pineview
Road are about to come forward with their submittals for
compliance with Ordinance No. 377 . In fact, Bob Kotecki Insurance
had their plan reviewed by the Community Appearance Board on June
25, 1997 . A copy of the applicable portion of the Bob Kotecki
Insurance planting plan is attached for review.
Although it is good to hear that improvements are forthcoming,
there are problems that need to be addressed by the Village as
soon as possible to avoid uncoordinated development and improper
drainage in this area.
Many of the properties in question cannot provide landscaping
improvements without providing such within the existing Cypress
Drive right-of-way. In the attached Bob Kotecki Insurance
example you will note that East Polatka Holly trees are proposed
to be planted within the right-of-way as well as a hedge and sod.
Additionally, the eastern most parking space in front of the
building encroaches into the right-of-way. Also, the parking to
the west of the building encroaches into the public alley.
The problems with this example and those submittals anticipated
to be forthcoming are as follows :
• If we allow the Property Owner to place plantings within the
public right-of-way, the Property Owner must maintain these
plantings and accept all liability associated therewith.
Alternatively, the plantings or improvements could be
dedicated to the Village with an agreement that the Property
Owner will maintain the same. This may absolve the Property
Owner from some liability. No matter what, the Property
Owner should be required to maintain the landscaping that
they are proposing to comply with Ordinance No.377, even if
such is in the public right-of-way.
• The Village Attorney needs to prepare a Release or other
appropriately titled document, that requires the Property
Owner to acknowledge that no Rights of Ownership to that
portion of any parking space provided in the plan submittal
enures to the benefit of the Property Owner by virtue of
Village Council approval of the landscaping plan. Someday,
these roads may need to be widened or on street parking
provided. An agreement needs to be drafted that spells out
that no property rights enure to the benefit of the Property
Owner by virtue of approving such landscaping plans and
parking arrangements.
• The Bob Kotecki Insurance example provides for major
improvements for drainage. Note that asphalt will be
removed allowing stormwater runoff to percolate into the
green space adjacent to the roadway. Due to the heavy
traffic and lack of parking spaces in this area, without the
provision of curb and gutter with flumes to protect this
retention area, it may be quickly destroyed by vehicles.
Curb and gutters should be required to be provided in order
to protect these landscaping investments.
• A Streetscape plan should be adopted by the Village Council
for South Cypress Drive. Section X, (H) , 12 authorizes the
Village Council to adopt a Streetscape plan causing, to the
extent possible, conformity to the themes established by the
Village on the special roadway corridors in the manner and
form of the Streetscape plan adopted by the Village Council.
South Cypress Drive will take on an even more bizarre look
if the Village is not diligent and allows hodge-podge
landscaping improvements to be planted within Tequesta' s
right-of-way without any thought for a theme. There is
nothing wrong with the East Polatka Hollys proposed by Bob
Kotecki Insurance. However, we need to insure consistency
for the remainder of South Cypress Drive.
In light of the foregoing it is recommended that the Village
Council undertake the following:
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1) Adopt a Streetscape plan for South Cypress Drive at the July
24, 1997 Village Council Meeting. Thereafter, all plan
submittals proposing to use the right-of-way shall adhere to the
adopted Streetscape plan.
2) The Village Attorney draw up the proper documents to:
• Require the Property Owners to maintain said plantings in
the right-of-way
• Hold the Village harmless from such plantings in the
right-of-way
• No property rights enure to the benefit of the Property
Owner by virtue of approval of a private parking space
encroaching onto public right-of-way
3) The Village Council should adopt ' a motion or resolution
stating that any such provision of Swale areas on this or any
other right-of-way to comply with Ordinance No.377 should be done
in a consistent manner and should provide for curb and gutter
meeting Village specifications in order to protect the planting
areas from vehicular traffic.
Unless I hear to the contrary from any member of the Village
Council by July 7, 1997, Staff will move forward with these
recommendations. In the interim, Scott Ladd, Director of
Community Development is hereby directed to hold off on
processing any Ordinance No.377 applications on South Cypress
Drive until after the Village Council July 24, 1997, meeting.
By copy of this memorandum, the Village Attorney is requested to
commence preparation of the above referenced legal documents for
review and consideration of the Village Council at their meeting
on July 24, 1997.
Should anyone have any questions concerning this matter, please
contact me as soon as possible.
TGB/ts
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c: John C. Randolph, Village Attorney, w/attachment
Scott D. Ladd, Director of Community Development, w/attachment
Gary Preston, Director of Public Works, w/attachment
Al Oslund, Coordinator, Stormwater Utility & Capital Projects,
w/attachment
memo62697.sam
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