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HomeMy WebLinkAboutMinutes_Planning and Zoning_02/24/2005MINUTES • VILLAGE OF TEQUESTA VILLAGE COUNCIL AND PLANNING AND ZONING ADVISORY BOARD JOINT WORKSHOP MEETING FEBRUARY 24, 2005 I. Call to Order and Roll Call The Tequesta Village Council held a Joint Workshop with the Planning and Zoning Advisory Boazd at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, February 24, 2005. The meeting was called to order at 7:05 P.M. A roll call was taken by Village Clerk, Gwen Cazlisle. Council Members present were: Mayor Pat Watkins, Vice Mayor Geraldine Genco, Council Member Edward D. Resnik, Council Member Russell J. von Frank, and Council Member Jim Humpage. Also in attendance from the Planning and Zoning Advisory Board were: Chair Elizabeth Schauer, Vice Chair Steve Okun, Boazd Member Leslie Cook, Boazd Member William Wilder, and Alternate Boazd Member Carl Blase. Also in attendance was Village Manager Michael R. Couzzo, Jr., Assistant Village Manager Robert Garlo, Village Clerk Gwen Cazlisle, and Mr. Jeff Newell, Clerk of the Planning and Zoning Board, and Director of Community Development. Mayor Watkins mentioned also in attendance was in-coming Council Member Tom Paterno. II. PLEDGE OF ALLEGIANCE • Mayor Watkins led the pledge of allegiance. III. APPROVAL OF AGENDA MOTION: Council Member von Frank moved to approve the agenda as submitted; seconded by Council Member Resnik; motion passed S-0. 1) DISCUSSION OF UNIFORM SIGNAGE FOR ALL VILLAGE MUNICIPAL BUILDINGS Mayor Watkins welcomed the Planning and Zoning Board, and thanked the members for all the time that they have put into serving the Village. Ms. Elizabeth Schauer, Chair of the Planning and Zoning Advisory Boazd explained when the sign for the Tequesta Recreation was brought before the Planning and Zoning Board, the Board became awaze that it was so different from the other Municipal Signage. She indicated Boazd Member Cook and herself had brought up the idea that throughout the Village every municipal building should have the same signage, so that the citizens could recognize the buildings as a Municipal building. She mentioned last week when the Board was reviewing the intersection improvements and design for Tequesta Drive and Old Dixie Highway, a wall was proposed, and they felt the wall . should be similar as design of the Public Safety Building. She explained the Board was asking Council to consider some type of uniformity for signage throughout the Village on all Municipal buildings. Minutes -Joint Workshop Village Council and Planning • and Zoning Advisory Board February 24, 2005 Page 2 Council Member Resnik counted the following Municipal buildings: Public Safety Facility, New Village Hall, Recreation Center, and the Water Treatment Plant. Chair Schauer included the Public Works Facility. Mayor Watkins questioned whether the existing signs would need to be replaced. Chair Schauer indicated the Board was not asking to replace the existing signs, but suggested when the signs needed to be replaced that they be similar, and uniform with each other. Council Member Resnik questioned whether the Board was suggesting the Public Safety building signage be the standard. Chair Schauer indicated that was the intent of the Board that the wall be consistent with the wall at the Public Safety Facility. Vice Chair Okun commented one of the things the Board was trying to do was address the image of the Village by applying a standard. He questioned whether the Village wanted uniform signage, a uniform color scheme throughout, and to even extend beyond the framework of the sign how the Village would identify vehicles, and everything. He indicated that would be up to Council and Staff to make those determinations, and explained once and for all establishing an image standard. He felt it would make it a lot easier for Staff to have a benchmark. Mayor Watkins felt it made sense, as long as the Board was not asking to replace any existing signage. Council Member Resnik questioned what the common standard would • be. Board Member Cook noted the Board was looking at the signs, but if felt it would be nice if any new projects followed the same detail that was on the sign at the Public Safety Building. Board Member Cook pointed out the Indian logo has been used for years, and everybody identifies the Village with the logo. Chair Schauer mentioned the intent was to have the new wall by the intersection match the Public Safety building wall. Vice Chair Okun suggested carrying the packaging concept by carrying the same colors, textures, to standardize the identity so that the Village vehicles would be distinguished from the other cities. Vice Mayor Genco felt the idea was great, and thinking about the future. Chair Schauer indicated the Board wanted to make sure the Council was in agreement with this concept. Board Member Wilder questioned whether Council was seeing the intent of the Board for the signs. Mayor Watkins felt overall it would give a much cleaner look for the Village. Vice Chair Genco indicated Council would need to have a consensus since a vote could not be taken at a Workshop. She mentioned since Planning and Zoning Board would review the projects first, Council will then review and adopt the proposed concept. Council Member Humpage noted Council was in agreement with the concept. Board Member Cook felt Council would not want to do an ordinance. Attorney Hawkins indicated Council could give direction to the Manager to start the concept. Consensus of Council agreed to direct the Manager to start the concept in all planning projects. Board Member Cook questioned whether the new Village Hall would have a separate sign. Mayor Watkins asked whether the Village would be incorporating one sign for both, like a Municipal Complex sign. Village Manager Couzzo commented one of the things that was discussed with the existing sign was modifying the lettering that it would become the • Village Complex, and adding smaller directional signage on the payment. Mayor Watkins indicated the Village does not want to give up any more greenspace. 2 Minutes -Joint Workshop Village Council and Planning • and Zoning Advisory Board February 24, 2005 Page 3 Vice Chair Okun mentioned if the Village packages the sign with the symbol of the Indian head then some of the lettering would not be needed, because the identity would be there. 2) DISCUSSION REGARDING THE DUTIES AND RESPONSIBLITIES FOR THE PLANNING AND ZONING BOARD Chair Schauer stated in the original ordinance for Community Appearance Board (CAB) they had Quasi judicial powers for signage approval, land approval, and color of buildings. She indicated the CAB basically streamlined the process. She mentioned the way the Planning and Zoning Board ordinance was written, the Board does not have that criteria. She stated that would be something for Council to consider. She felt those powers would be beneficial to have, because Planning and Zoning Board has replaced the CAB. Vice Mayor Genco questioned whether that would include pavement, and paver stones. Board Member Cook questioned why Council did not give the P&Z Board with those powers. Council Member Humpage commented it may have been overlooked at the time. Council Member Genco indicated the two ordinances were never compared with each other. She mentioned once the P&Z ordinance was adopted Council read it and • realized it. She explained someone had brought it to Council's attention, and she had spoke with the Village Manager regarding this. Village Manager Couzzo commented his has confirmed with the Village Attorney that if it was Council's desire to take those powers under the CAB and place it in the P&Z advisory board ordinance in some capacity, which would then give them those quasi judicial powers they previously had. He noted Staff could draft the ordinance and bring it to the P&Z Board for there consideration, and then bring it back to Council. Council Member Resnik commented the CAB powers had been incorporated into the Village Code. He indicated in Section 22, the criteria for each function taken from the CAB ordinance was already there. He felt there was sufficient authority in the Code and the P&Z Board ordinance. Vice Chair Okun noted the role of the P&Z Board at this point never goes beyond the role as an Advisory Board. Board Member Cook noted Council always has the final review. She felt the CAB was a little more than an advisory board. Mayor Watkins questioned why the P&Z Board would want to be quasi judicial. Board Member Cook felt when the public comes before the Board quasi judicial powers would give the Board more clout and power. Mayor Watkins suggested Council may want to consider asking the Manager to put together some information and bring back for Council's review. Village Manager Couzzo indicated at the time the CAB was created, that Council wanted to give those powers. He agreed with the Mayor, and suggested giving him the opportunity to review with the Village Attorney and possibly amend the existing ordinance to accommodate what the P&Z Board was requesting. • 3 Minutes -Joint Workshop Village Council and Planning • and Zoning Advisory Board February 24, 2005 Page 4 Vice Mayor Genco mentioned when talking about standards and regulations that CAB reviewed, those had more to do with physical construction, and dealing with the colors, and the materials. She explained when the developers came in for a site plan review, CAB wanted to have something that was cohesive as far as colors and materials, so they worked with the owners of the project to come into compliance. She stated by having the CAB quasi judicial, if that is the term, it took the developers through the site plan development, in order for the developer to come up with a plan that Council would finally review. Board Member Cook interjected the developers come to the P&Z Board with full sets of plans, and they do not want to change them, because they had already spent a lot of money on those plans. She felt it was hard, as an advisory board to make them change those plans. Mayor Watkins mentioned she understood the issue, and asked that the Manager provide Council with some information. Vice Mayor Genco questioned the difference in quasi judicial and non quasi judicial. Attorney Hawkins stated the term quasi judicial deals with proceedings that are conducted by non judicial bodies, such as the Board of Adjustment. Where the body functions as afact-finder and decision maker regarding the law. He indicated the role of a quasi judicial board, is to first collect the facts, such as whether or not this roofline • complies with the roofline code. He stated: What are the facts? The Board then takes those facts and they are applied to the code, which is law. He stated that is a finding, and the criteria is the law, and those are the facts. He mentioned that Board has functioned as a judge, and judged on the facts, and on the law. He stated that Board is not a judicial body, so therefore that Board is a quasi judicial body. He indicated it is a final decision within the context of the Village's governmental body. Council Member Paterno asked if the Board was a quasi judicial and makes a decision, could the Council overrule them. Attorney Hawkins indicated that was correct. He commented an appeal can be taken from a quasi judicial decision by an aggrieved party. Board Member Cook stated she did not realize the CAB had all that power. Council Member von Frank noted that was why he was not in favor of the P&Z having those powers. Attorney Hawkins mentioned the P&Z Advisory Board would receive the flack if there were misapplications of the code, and in some places it does make sense to have the final authority rest with this body, but noted a town of this size was not that big. Council Member Humpage indicated it was his impression the Board of Adjustment was a quasi judicial group. He commented if there was an appeal made on the Board of Adjustment, it would not come to Council, it would go to court. He stated Council has no jurisdiction over the Board of Adjustments. He questioned whether there was another form of quasi judicial powers. Attorney Hawkins stated it could, it depended. Council Member Humpage noted Council needed to make sure Council has the final approval, or everybody would end up in circuit court. Vice Mayor Genco mentioned she could not find the Community Appearance Board in the current code. Mr. Jeff Newell, Director of Community Development explained CAB was • in the old code, but when the P&Z Board was created it took the place of CAB. 4 Minutes -Joint Workshop Village Council and Planning • and Zoning Advisory Board February 24, 2005 Page 5 Council Member Resnik felt all the authority was already in the code for Planning and Zoning Board to accomplish what they needed to do. Board Member Cook felt the Board would have more clout having quasi judicial powers, but indicated she now understands the definition of quasi judicial. Attorney Hawkins stated the Planning and Zoning Advisory Board does have a lot of clout, because Council will listen to what the Board has to say. Vice Chair Okun noted if the Board and Council had a disagreement that could put the Village in an awkward situation. He stated at this point to give the Board the authority just to have the potential of a misunderstanding or misuse could be reckless. Mr. Newell explained CAB had the authority on smaller applications, but on the larger scale developments it still went before Council. Vice Mayor Genco indicated the Village no longer has the R-1, or R-lA of the CAB. She questioned whether Section 22, Community Development still covered R-1 and R-2. Mr. Newell responded when he was doing the CAB they handled the Commercial and Multi-Family areas. He commented anything regarding single-family residential went to the Board of Adjustment. Attorney Hawkins suggested the current language in the code regarding the P&Z duties could be streamlined and clarified in some places. He felt the Board made some good points, and suggested Staff (with his input) sit down and formulate a cleaner version of • the combined code on the CAB and the P&Z Advisory Board, and come back with an amended ordinance. Mayor Watkins agreed, but asked that the P&Z Board be allowed input also. Vice Chair Okun agreed but noted the Board would not want to place Council in an awkward situation. He felt the P&Z Board should make advisory statements, and that final approval should be with Council. Council Member Resnik felt the Board had all the authority needed, and could not understand why more was needed. Vice Chair Okun cautioned Council on the use of signs and the criteria associated with them. He mentioned the Department of Transportation (DOT) has specific standards where stop signs can properly placed and enforced. He commented there are other signs that are placed by private property owners, on private property, that can not be legitimately enforced by the police department and if contested may not be legal signs. He pointed out if there was a situation where there is lost of life, and potentially the Board was aware of the signs and the sign did not have an engineering traffic study, or did not fall into whatever criteria, it becomes unlawful traffic control. He mentioned an issue he was concerned with was with the new Publix coming in signs will be put up, and the Board will be aware of those signs, and if for whatever reason there was an injury involved, the Village could be complicit. Council Member Humpage felt that was a public safety issue, and the police and fire department would address it. Vice Mayor Genco suggested the Board place in a memo to Council what they feel would be needed in the ordinance to help them during the process, and Council and the attorney can review what to amend. Board Member Cook mentioned she was involved in the CAB for a long time. She noted the new Board may not agree with her, but under the CAB if an applicant came in to the Village and requested certain colors, and if they did not match the character of the colors, • they were asked to change or rejected. She felt the CAB had more authority. Attorney Hawkins noted there is a lot of movement nationally in terms of giving local governments 5 quite bit of ability to govern design. Council Member Humpage pointed out the great job • the Board was doing, and indicated Council was with them 100%. He mentioned if there was anything Council could do, they would help in anyway. Board Chair Schauer explained in Ordinance 583, Section 7 regarding the Tree Board, the Board has not addressed those issues. She questioned whether the Board works with Mr. Newell, or Mr. Preston on these issues. Council Member Humpage felt Mr. Preston had a better handle on the issue. Chair Schauer mentioned she would call Mr. Preston. Mayor Watkins indicated the Board works very hard. She explained the two biggest issues that come up repeatedly, are the parking of boats and work related trucks being parked next to the home. She noted she has spoke with Mr. Newell regarding the code, and suggested sometime that Planning and Zoning Board address the issue. Chair Schauer responded as President of the Tequesta Pines HOA that was a hot topic every year at their annual meeting. She indicated the homeowners voted on 8 different items, and one of them was pickup trucks, and it did not pass. She indicated the owners of the pickup trucks indicated they would come back to the HOA year after year, until they would back down. She noted there was still a lot of debris from the hurricanes, and the HOA has not yet gone after those homeowners. She mentioned the Board would take a look at those issues. She questioned whether the code covered the size of the boat. Attorney Hawkins felt that was not covered in the Code. Public Comment - Mr. Tom Paterno, resident of River Drive, and incoming Council Member indicated right now in the code, in his area, there was a code on parking trucks. • He felt it was not policed well. He noted it was on the books, and should be taken care of. Chair Schauer explained that was a code enforcement issue. Mr. Paterno indicated he has a pickup, but does not keep at his house. He stressed it is either parked in Miami, or in his garage. Council Member Resnik commented the Board covers a lot of items. He noted the Ordinance has a section that refers to the "recommended actions of the Planning and Zoning Advisory Board shall be recorded in written form for transmittal to the Village Council". He mentioned he would like to see a memo from the Planning and Zoning Board with a summary and recommendations on the items. Vice Chair Okun questioned whether the motion was enough. Vice Mayor Genco indicated the minutes sometimes are not available in time. She suggested the Board write up a small synopsis, because sometimes the in depth discussion is not reflected in the minutes. Vice Chair Okun felt the Board could do a summary of the approved actions, including the stipulations. He questioned whether Council was looking for bulleted items showing the action. Council Member Resnik felt it would be nice to see exactly what the Board would like Council approve, based on the Board's recommendation. Mr. Jeff Newell, Director of Community Development and Clerk of the Board noted the Board meets the third Wednesday of the month, and Council meets following the second Thursday of the month. He indicated there was not enough time to process and get everything in order to come to Council. He commented he was going to move the Board meeting back to the original time slot of the first Thursday of the month, and then the items would be ready to come to Council the following month. • 6 Board Member Cook suggested after summer was over the Village push to get after the • people who were falling down on their landscaping. Board Member Cook noted some examples of landscaping that needed to be addressed. Attorney Hawkins commented this was a workshop and those issues should not be addressed in this format. He stated her point was well taken. Vice Mayor Genco questioned whether Code Enforcement should be involved in some of these matters. Village Manager Couzzo suggested if it was Council pleasure, he could have a Code Enforcement Officer at the Planning and Zoning Board Meetings. Chair Schauer felt they did not need to be at every Meeting, but indicated there was one application that was tabled because in the picture was a true violation of the Code. Vice Mayor Genco suggested that the Board have an item on the agenda for code enforcement issues. Council Member Humpage agreed and commented it could then be turned in Code Enforcement. Mr. Paterno suggested when something comes before them, the Board should go ahead and put the violation in the process, and potentially the Code Enforcement would go out and check the property. Consensus of the Board agreed that could work. Board Member Cook noted one problem could be the follow through on the Code Enforcement. She suggested contacted Mr. Newell to get in on the agenda. Chair Schauer explained she had recently worked with the Code Enforcement Officer, and felt he would follow through if he was told to address the issue. She agreed if someone has a code enforcement issue that the Board contacts Mr. Newell to have him place it on the agenda, and he will notify the Code Enforcement Officer. Board Member Cook pointed out there were still properties that have not been brought up to Code, Landscaping Ordinance 3-77 on Cypress Drive. Council Member Humpage commented the Village has met with the business owners on Cypress Drive. He indicated • the underground drainage problems needed to be finished first, but that all the owners were on board for the project. Village Manager Couzzo gave a brief explanation of the project. He indicated a sketch was made, and the design improvements were in the process. Council Member von Frank left the meeting at 8:09 p. m. Council Member Humpage noted there were 14 owners, and they were all very receptive to the design improvements. Village Manger Couzzo noted the design took out some of the frontage accessibility to those businesses and they were upset about that. He commented the Village had to make modifications that allowed them to do the parking, and take care of the drainage. He felt the business owners were pleased with the design. Vice Chair Okun stated the pavers that were installed along Tequesta Drive really look nice. He complemented Staff. Mayor Watkins indicated the Village saved money with using the pavers on the project. Board Member Wilder mentioned he could not understand how pavers could be less expensive then a sidewalk. Village Manager Couzzo explained a lot has to do with compaction, and forming the sidewalk was more labor intensive. He noted concrete was very costly at this time, and hard to get, so pavers were better at this time. He indicated Mr. Paterno had a good point with the safety issues of the pavers jetting out around the lift station. He suggested the Village look at a guardrail or a hedge because they were so close to the road. Mr. Paterno suggested placing a couple of nice size trees coming from the east side, so if someone does run off the road, hopefully • they will hit the tree before they reach the sidewalk. Mr. Couzzo commented a hedge could be a maintenance problem. He suggested a combination of some sort. He noted the area would be addressed. 7 • Board Member Cook asked if the Village had gotten any feedback from Jupiter on beefing up the landscaping between the light and Riverside Drive, and just before the Rinker plant. Village Manager Couzzo noted the Village was working with the County on the project, and will continue to address the area. Vice Chair Okun suggested piggybacking on what Commissioner Marcus was doing. Village Manager Couzzo agreed. Vice Mayor Genco felt the County would give money for the project. Village Manager Couzzo indicated it was a coordinated effort. Board Member Cook suggested placing trees in front of the railroad tracks, such as the area south of PGA Boulevard. She felt it was very simple in appearance but made a big impact. Village Manager Couzzo noted the enhancements that were planned for Tequesta Drive and Old Dixie Highway. He commented this was starting to set a trend, with signage, landscaping, and sidewalks. Vice Mayor Genco questioned if the Village ends up with a train station would the enhancements accommodate the station. Village Manager Couzzo noted that was in the very preliminary stages of placing it at the north end. Vice Mayor Genco commented she had been hearing rumors that the bridge most likely would be updated to a double track. Mayor Watkins indicated the Tri-Rail has been an on again, off again situation. Vice Mayor Genco indicated Tequesta was a very possible location for the train station. Council Member Resnik thanked Chair Schauer and the Board. He noted he was looking forward to Council getting a memo from the Board on their recommendations on the projects. Chair Schauer indicated the Board would work with Mr. Newell on providing that information to Council. Mayor Watkins thanked the Board for the excellent job, and • the time and effort. IV. ADJOURNMENT MOTION: Council Member Humpage moved to adjourn; seconded by Council Member Resnik,- motion passed S-0. The meeting adjourned at 8:00 P.M. lam/ L~~ en Carlisle Village Clerk • 8