HomeMy WebLinkAboutDocumentation_Regular_Tab 14_10/15/2009~,. VILLAGE OF TEQUESTA
~- AGENDA ITEM TRANSMITTAL FORM
~ VII I oC~F Cn11NC11 MEETING:
Meeting Date:
-09 Meeting Type: Regular Ordinance #: >i ;k here try enter text.
Consent Agenda: No Resolution #: Click here to enter text.
Originating Department: Community Development
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Review of a site plan for Tequesta Square (working name) to create a passive park.
3. BUDGET /FINANCIAL IMPACT: NONE (financial discussed at 5-14-09 Regular Council
Meetinal
Account #: ,',lick here to enter text. Amount of this item: Click hei e to eater text.
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: Choos~~~ ~,; Appropriate Fund Balance: Choose ~~~ itur~
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
Review of a site plan for a Passive Park, located between Bridge Road and Tequesta Drive on Main
Street, recommended for approval by the Planning and Zoning Advisory Board at their 8-20-09
meeting.
5. APPROVALS:
4 '~~`j'
Dept. Head: V. ~ Finance Director: ^ Reviewed for Financial
Sufficiency
~~ Financial Impact
_.....
Attorney: (for legal sufficiency) Yes ^ No ^
Village Manager: r Routing Sheet Process
SUBMIT FOR COUNCIL DISCUSSION: 1. Send ALL completed forms to
Finance for review ONE WEEK prior
to agenda items due into Clerk's
• APPROVE ITEM: ^ Office.
2. Finance sends Routing Sheet to
• DENY ITEM: ^ Clerk by deadline.
Form amended 08/26/08 3. Clerk formulates agenda and sends
to Manager for review /approval.
INTER-OFFICE MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: Mayor and Council
Michael Couzzo
From: Catherine Harding
Community Development director
Re: Approval of a Passive Park on Main Street
Date: 8-31-09
The Planning and Zoning Board met 8-20-09 to review an application of a core site
plan for a Passive Park on leased land from JMZ Properties, located between
Tequesta Drive and Bridge Road on Main Street. The application was
recommended for approval by the `Tillage Council.
Respectfully submitted,
~~~,
Minutes -Regular Council Meeting 5/14/09
Page 7
Mayor Watkins opened the public hearing to Council for comments; there being none she
opened the hearing to the public. There being no public comment the public hearing was
closed
MOTION: Council Member Tumquest moved to adopt Ordinance 9-09; seconded by Vice
Mayor Patemo; motion carried unanimously 4-0.
17. Ordinance 10-09, First Reading. Rezoning of Certain Real Property within the
Corporate Limits of the Village of Tequesta Recently Annexed into the Village Located
at 4390 County Line Road Assigned the Village Zoning Designation of °R1 -Single
Family Dwelling District°
Attomey White read Ordinance 10-09 title into the record.
Mayor Watkins opened the public hearing to Council for comments; there being none she
opened the hearing to the public. There being no public comment the public hearing was
closed
MOTION: Council Member Tumquest moved to adopt Ordinance 10-09; seconded by Vice
Mayor Patemo; motion carried unanimously 4-0.
NEW BUSINESS
18. Approval of Lease Agreement between the Village of Tequesta and JMZ Tequesta
Properties, Inc. to provide a Municipal Park
Manager Couzzo briefly explained the details of the lease and Attorney White noted minor
changes to the lease agreement.
Geraldine Genco Dube, 7 Country Club Drive, noted details she believed where part of the
property history. Manager Couzzo confirmed past problems with the property and explained
details of the structured lease agreement which he felt woukt put right the issues at hand. Ms.
Genco elaborated on her feeling regarding the property. Mayor Watkins supported the
agreement and the proposed use.
Frank D'Ambra III, 23 Leeward Circle supported the venture and felt improvement would be
preferred over the present condition. He asked about the outcome of the lease if there was no
sale within five years.
Manager Couzzo stated that the planned improvements would be done inexpensively and the
particulars of the reimbursement plan were clearly defined in the agreement.
Vice Mayor Paterno questioned the amount of reserved parking versus green space. He also
inquired on specifics of the Special Master fine assessment attached to Mr. Zuccarelli along
with the lawsuit Mr. Zuccarelli had on the Village. Chief McCollom clarified the order for the fine
had not been assessed and the lawsuit would be dropped.
Minutes -Regular Council Meeting 5/14/09
Page 8
Vice Mayor Paterno felt the Village and its resident should benefd from any appreciation on the
property. He questioned the taxable details on the property and improvements from the
Village.
Manager Couzzo explained scenarios relevant to financial responsibilities relating to the
property and its improvements. Attorney White elaborated and confirmed legal details.
A/anager Couzzo noted the $125,000 cap ~d #o improve the property was not an
obligation to uti~e the entire amount.
Vice Mayor Patemo suggested obtaining appraisals now and at a specfic point in the future to
assist in adjusting fairness with property value to both parties. Manager Couzzo stated that
was an option.
Council Member Arena clarified details of the agreement and voiced his support for the project.
He expressed feelings on recent remarks and opinions directed toward the Village; Ms. Dube
responded.
MOTION: Council Member Tumquest moved approval of the JM~' Tequesta Properties, Inc.
lease agn:ement as presented; seconded by Council Member Ar®na; motion carried
unanimously 40.
19. Approval of Intierlocat Agreement with Palm Beach County for Tequesta Drive -
LAP Certification -Item removed from Agenda
20. Council Approval of Historic Preservation Committee Annual Appointments /
Reappointments:
• Seat 2 -Lee Resnik -Reappointment
• Seat 4 - TBA -New Appointment
Vice Mayor Patemo nominated Patricia Marie for seat 4.
MOTION: Council Member Tumquest moved approval of Historic Committee appointments;
seconded by Vice Mayor Patemo; motion carried unanimously 4-0.
21. Council Approval of Planning and Zoning Board Member Replacements and
Board of Adjustment Reappointment:
Planning and Zonins Board
• Regular Member (term ends 2/8/10)
• Regular Member (#erm ends 5/18/09)
• Alternate Member (term ends 9/7/09)
Board of Adjustment
• Regular Member Reappointment
DRAFT
PLANNING AND ZONING ADVISORY BOARD
MEETING MINUTES
AUGUST 20, 2009
CALL TO ORDER AND ROLL CALL
The Village of Tequesta Planning and Zoning Advisory Board held a regularly
scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida,
on Thursday, August 20, 2009. The meeting was called to order at 5:31 p. m.. by Chair
Elizabeth Schauer. A roll call was taken by Lori McWilliams, Village Clerk, who noted
the following were present: Chair Elizabeth Schauer, Vice Chair Steve Okun, Board
Member James Hackett, Board Member John Terzakis, Board Member Michael
Schmidt. Also present was Alternate Chase Croft, Village Attorney Keith Davis,
Community Development Director Catherine Harding, and Village Clerk Lori
McWilliams.
APPROVAL OF AGENDA
Vice Chair Okun moved acceptance of the agenda with review of the Sunshine Law
moved to any Other Matters. Board Member Terzakis seconded the motion, which
carried by unanimous 5-0 vote.
APPROVAL OF PREVIOUS MEETING MINUTES
Vice Chair Okun moved approval of the Minutes of June 17, 2009 and July 2, 2009 with
the name Chris Croft changed to Chase Croft. Board Member Schmidt seconded the
motion, which carried by unanimous 5-0 vote.
SWEARING IN OF WITNESSES
Village Clerk McWilliams swore in all those intending to offer testimony in tonight's case.
EXPARTE COMMUNICATION
Chair Schauer reported she spoke with Tyler Powell, President of Island House twice on
Monday evening; she had been privy to emails between Village Attorney Keith Davis
and Erin Deedy; and had attended the meeting April 20 when Tequesta Towers met
with the other associations. There were no other exparte communications reported.
OLD BUSINESS
PLANNING AND ZONING ADVISORY BOARD MEETING MINUTES
August 20, 2009
Page 2 of 4
P&Z 12-09
Continuance of an application for Tequesta Towers Pool/Fitness Building, to
demolish and replace the existing building with a 2,904 sq. ft. Pool/Fitness
Recreation Building, 400 Beach Road, Tequesta, Florida; Scott Baruch,
Authorized Agent, 178 Beacon Lane, Jupiter, Florida 33469
Community Development Director Harding distributed a memo which was read by each
member of the Board. Director Harding reviewed what had transpired with this
application, advised the application was complete, and the applicant had complied with
the requirements of Chapter 78 Zoning of the Village of Tequesta. Ms. Harding
answered questions from the Board.
Attorney Conrad Damon, representing Tequesta Towers Community Association, made
a presentation. Architect Scott Baruch, representing Tequesta Towers, reviewed the
plans. For clarification, Village Attorney Davis listed the exhibits that were part of this
application.
Chair Schauer called for comments from the floor
Bob Casey expressed concern regarding how his view of the ocean would be changed,
reducing the value of his real estate, suggested use of variances to accommodate
changes, and questioned coverage calculations and the roof design.
Attorney Erin Deedy, Lewis, Soloman & Walker, 1700 Palm Beach Lakes Boulevard,
West Palm Beach, representing Cliveden, Lamar, Island House, South Beach and
North, provided a presentation beginning with a review of the time line, and noted
issues of concern and deficiencies with compliance with Florida statutes, Village code,
and the Village's comprehensive plan. Village Attorney Davis and Director Harding
gave opinions the application was in compliance.
Board Member Hackett expressed his opinion compliance with code could be worked
out, that compliance was not the job of this board. Sarah Sentinelli, Lamar, asked
Member Hackett a question regarding his comments.
Bob Casey called for how coverage had been calculated. Attorney Scott Baruch
explained the calculations and discussed the flat roofs; and confirmed garages had not
been included in the calculations. Discussion ensued.
MOTION
Board Member Terzakis moved to approve the application for Tequesta Towers
for a fitness building. Vice Chair Okun seconded the motion. During discussion
of the motion Vice Chair Okun requested amendment of the motion to require a
condition that Village staff scrutinize the information presented by both Counsels
PLANNING AND ZONING ADVISORY BOARD MEETING MINUTES
August 20, 2009
Page 3 of 4
and affirming that Village standards were met, to be determined by Village staff.
The maker of the motion, Board Member Terzakis, accepted the amendment to
the motion. The vote on the motion was as follows:
Chair Schauer - Yes
Vice Chair Okun - Yes
James Hackett - Yes
Michael Schmidt - Yes
John Terzakis - Yes
The motion therefore carried by unanimous 5-0 vote.
NEW BUSINESS
P8~Z 13-09
An application for the Village of Tequesta to create a core site plan for a Park
located on leased land between Tequesta Drive and Bridge Road.
Community Development Director Catherine Harding presented the project, and
answered questions from the Board.
MOTION
Vice Chair Okun moved approval of the application the Village of Tequesta to
create a core site plan for a Park located on leased land between Tequesta Drive
and Bridge Road. Board Member Schmidt seconded the motion, which carried by
unanimous 5-0 vote.
PUBLIC COMMENT
None
COMMUNICATION FROM CITIZENS
None
ANY OTHER MATTERS:
Village Attorney Keith Davis, Corbett & White, gave a briefing on the Sunshine Law, and
answered questions from the Board.
Village Clerk McWilliams provided a list of meeting dates and staff contact information.
PLANNING AND ZONING ADVISORY BOARD MEETING MINUTES
August 20, 2009
Page 4 of 4
ADJOURNMENT
Upon motion by Vice Chair Okun; seconded by Board Member Schmidt and
unanimously carried, the meeting was adjourned at 7:31 p. m.
Respectfully submitted,
Lori McWilliams, CMC
Village Clerk
Note: These summary minutes are prepared in compliance with 286.011 F.S. and are
not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of
the Village Clerk. All referenced attachments are on file in the Village Clerk's office.
MEMORANDUM
To: Planning & Zoning Advisory Board Members
From: Catherine A. Harding, Community Dev ent Direct r
Date: August 20, 2009
Subject: Passive Park on Main Street
Planning & Zoning Advisory Meeting; August 20, 2009
The application for the Passive Park on Main Street resulted from a 5-year lease that the
Village took with JMZ Properties, the owner.
Over the years, there have been zoning violations, maintenance issues and illegal parking
that were not resolved. In the lease agreement, the property owner agreed to lease the
property for One Dollar ($1.00) a year in exchange for a closure of the zoning issues.
The Village or the owner JMZ Properties can break the lease at any time or the Village
can make an offer for purchase.
The Village desires to create a centrally located passive park until such time as the lease
is terminated or the property is purchased by the Village.
The plans that were drawn-up represent the minimum required to create a safe and
accessible parking lot and grassed area for public use. The cross parking agreements
with surrounding properties were preserved and the handicap requirement were met for
access to and on the property. This is a core plan which ensures public safety that can at
a later date be fully developed.
The sidewalks are on the public right-of--way and remain in the ownership of the Village.
The completion of the sidewalk on Bridge Road will create a walking path around the
entire block for public access to shopping, dining and exercise.
/mk
VILLAGE OF TEQUESTA - - -
DEPARTMENT OF COMMUNITY DEVELOPMENT
345 Tequesta Drive •Tequesta, Florida 33469-0273
(561) 575-6220 • Fax: (561) 575-6224
August 4, 2009
Dear Neighbor:
We are writing to notify you of an up-coming meeting of the Planning & Zoning Advisory
Board to be held in the Council Chambers, 345 Tequesta Drive, at 5:30 P.M., Thursday,
August 20, 2009.
The Village of Tequesta has made application for a core site plan for a Public Passive Park
on leased land located at One Main Street, between Bridge Road and Tequesta Drive.
If you have any questions or if we can be of any assistance, please do not hesitate to call.
Yours truly
c-~
Catherine A. Hardin
Community Developme rector
File: CAHCorrespondence/LettertoNeighbor8.4.09
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