HomeMy WebLinkAboutDocumentation_Regular_Tab 07_06/09/2005 VILLAGE OF TEQUESTA PLANNING AND ZONING ADVISORY BOARD MEETING MINUTES MAY 5, 2005 I. CALL TO ORDER AND ROLL CALL The Village of Tequesta Planning and Zoning Advisory Board held a regularly scheduled meeting at the Tequesta Recreation Center, 399 Seabrook Road, Tequesta, Florida, on Thursday, May 5, 2005. The meeting was called to order at 6:34 P.M. by Chair Elizabeth Schauer. A roll ca11 was taken by Village Clerk Gwen Carlisle. Board members present were: Chair Elizabeth Schauer, Vice Chair Steve Okun, Leslie Cook, Jeff Robbins, and William Wilder. Also in attendance were Clerk of the Board and Community Development Director Jeff Newell, and Village Clerk Gwen Carlisle. II. APPROVAL OF AGENDA � MOTION Boardmember Okun moved approval of the agenda with item IV (b) Review of Final Draft of Adult Arcade Ordinance moved to IV(c) and County Line Plaza Color Scheme Change to become item IV (b); also, addition under Any Other Matters of Arbor Day and agreement with landowners. Board member Okun seconded the motion, which carried by unanimous 5-0 vote. The motian was therefore passed and adopted and the Agenda was approved as amended. III. APPROVAL OF PREVIOUS MEETING MINUTES MOTION Vice Chair Okun made a motion to approve the minutes of the meeting of the March 16, 2005--regular meeting and LPA hearing. Boardmember Wilder seconded the motion, which carried by unanimous 5-0 vote. Vice Chair Okun made a motion to approve the minutes of the meeting of the April 7, 2005--regular meeting. Boardmember Ro6bins seconded the motion, which carried by unanimous 5-0 vote. Vice Chair Okun made a motion to approve the minutes of the meeting of the February 24, 2005--regular meeting. Boardmember Wilder seconded the motion, which carried by unanimous 5-0 vote. IV. NEW BUSINESS Site Plan Review of 364 South Cvpress Drive Pianning and Zoning Advisory Board May 5, 2005 Meeting Miautes Page 2 Mr. Newell advised that the owner, Dr. Tarplee, and another gentleman who worked on this desig,n were present. Mr. Newell read sections aloud from the Village's comprehensive plan regarding drainage, and explained that dealing with the drainage issues was difficult because this property was all impervious area. Mr. Newell discussed the direction of runoff, control of runoff, and stormwater retention, and explained how these met the comprehensive plan. Board member Cook commented long ago there was a drainage project for that azea, which Mr. Newell advised was Unit 35 which was in but not complete. Mr. Newell explained that there was a landscape island protruding into Cypress Drive. Runoff on Dr. Tarplee's property was now directed to the vegeta.tion areas, which set a precedent. Vice Chair Okun asked what safeguards there were, since tlus properly owner was being invited to accept more than normal liability by providing a landscape plan, which brought him out into the public right-of-way. Mr. Newell explained Council would have to grant the right to place that island in the right-af-way, so this board had to decide what they wanted to do in order to make a recommendation. Chair Schauer recommended waiting un�il the Council made a decision. Discussion to reduce the island ta keep it within the property, and it now was out into the right-of-way 10 feet. Chair Schauer asked what plantings were in the landscape plan. Dr. Tarplee responded those were to be determined. Board member Cook suggested approving the building, and waiting on the landscape area until Council decided what they wanted to do regarding setting up a beautification corridor. Grass could be planted until a decision was made. Mr. Newell commented this problem would arise with other properties on South Cypress Drive as they redeveloped. Board member Okun commented the Village could establish a beautification corridor in order to cure problems, and take on the responsibility for its infrastructure and maintenance, as opposed to asking a property owner to invest in not only the improvement but to be responsible into perpetuity for the median. Problems with the design of Cypress Drive were discussed. Mr. Newell indicated he was not impressed with the tiny landscape islands with one tree that Jupiter had put in, to which Board member Cook responded she thought that was as good as one could get. Chair Schauer commented all of the people had nvt met Ordinance 377. Mr. Newell explained that it would be a problem for the Village for the next few years because there were a lot of old buildings and the ground was covered in asphalt, and it would be different when they all came in to develop those properties to meet Village requirements. The Village would really have to work to get them to come as close to compliance as they could. T'his property had come out very well, and this property had set a precedent. Board member Wilder asked if the Village Council decided to have limited access along South Cypress with mostly curbing, and if this fit that scheme. Mr. Newell responded they were also looking at another scheme with landscape islands down the center. of Cypress, but that was a problem because of the way the buildings Planning and Zoning Advisory Board May 5, 2005 Meeting Minutes Page 3 were located, so that brought the plans back to the islands, and a decision had not yet been made, and it was hoped that this property would rekindle that discussion. Vice Chair Okun asked if these islands would be private or municipal. Mr. Newell commented it was not known what Council would decide; they might allow a reduction for a low-profile vegetated area, but it was not decided. MO_ Board member Cook made a motion to accept this property as submitted with the exception of the landscape island, until Village Council decides what they are going to do. Chair Schauer asked if the outside perimeter met Ordinance 377. Mr. Newell advised there were a couple of problems—the code required 5', but it had to be reduced to 3' to give the Fire Department the width they required for their emergency insurance, and in another area it was 2', but that was the best that could be done. Chair Schauer asked why there was only one live oak in the back. Dr. Tarplee responded there was nothing there now, and there were three existing palm trees in the southeast corner. Mr. Newell commented that was a retention area as well. Board member Cook asked if a hedge was required in back. Mr. Newell commented the Village was providing a 900' hedge, part of which was at the rear of this properiy. Vice Chair Okun suggested using more pervious area to soften the property. Mr. Newell explained a hard surface was required for parking. Vice Chair Okun expressed his opinion it would be a mistake to approve the gray axea without making it definitive where the responsibility of the property owner ended. Board member Cook responded she had already made a motion to accept the property without that area. Board member Wilder suggested a stipulation that the property owner had to maintain the property that belonged to the Village forever, as had been done at Seaquesta.. Mr. Newell advised the Village Council would have to make that decision. Vice Chair Okun asked why Dr. Tarplee would want that responsibility. Board member Cook commented that was not this Board's decision—it was Council's purview and they would make that decision. It was noted that Council was looking for a recommendation from this board. Chair Schauer commented that the board's recommendation should be that this area would be eliminated and to place sod up to Dr. Tarplee's property line, and when Council decided on a landscaping project they could fill it. Chair Schauer noted in the code book, Sec. 78-334, Application and Review Process, (7) Community Appearance Board Review—that needed to be changed. Mr. Newell responded when the code book was reformatted, not everything was caught. Vice Chair Okun asked that the motion be amended to include the recommendation that the property owner's responsibility not go beyond the property line, and that sod should be placed there. Mr. Newell suggested low profile landscaping, such as coco plum. Vice Chair Okun made an amendment to the motion to accept the site plan as submitted for 364 South Cypress Drive except that the property owner's responsibility shall end at the property line and he was only obligated to put a sod surface landscaping to separate ingress and Planning and Zoning Advisory Board May 5, 2005 Meeting Minutes Page 4 egress. Discussion ensued. Chair Schauer announced that this was getting too confusing, therefore all motions were withdrawn. MOTION Vice Chair Okun made a motion to recommend to Village Council that the entire site plan at 364 South Cypress Drive be approved, including the landscaping, with the exception of the island that is on the west boundary; that the property owner's responsibility end at the property line, and the property owner is only obligated and responsible to put in a sod surface. Board member Robbins seconded the mallon. During discussion of the motion, Board member Wilder stated he thought this was a very good plan and agreed with the property owner's responsibility to sod. Chair Schauer commented the color scheme was very nice, and asked what fencing material was proposed. Dr. Tarplee responded it would be anodized aluminum. The vote on the motion was 4-1, with Board member Cook opposed because she thought the property owner should take responsibility to do the entire landscape section. Countv Line Plaza Color Scheme Chan�e Mr. Newell commented the representative for the applicant, Mr. Campbell, was present. The proposed color scheme was the same as that of Publix, and this would be unifarm throughout the entire center. Don Campbell explained the original color scheme had been painted on a 30' section of the shopping center and it did not look like it did in the rendering, and other 10' sections were painted in other colors, but they found nothing that looked really good, so decided the best way to choose would be to pick something that had been done. Mr. Campbell commented the new shopping center at Mirasol on PGA Baulevard with a Publix store was one of the best looking shopping centers he had seen, and this submittal was the same as that center. The photos that were submitted were of that shopping center. During ensuing discussion, Mr. Campbell advised a11 the speed bumps were being removed and a new speed table insta.11ed, and there would be a complete new sign package. Vice Chair Okun asked if the property owner saw a problem accepting responsibility and liability for. the signs they put in, to which Mr. Campbell responded he could not address that issue. Chair Schauer commented when that plaza was developed years aga, there was a Council meeting held in the plaza, and the Village got DOT to change the configuration to come into the center. The signs belonged to the property owner. Vice Chair Okun stated his position that if the Village was party to recommending and approving interior subdivision signage (internal stop signs) that had traffic controls, and the Village's police department was surveying those traffic controls, the Village was authorizing illegal stop signs that would not be enforceable, and the solution was to say those signs were the property owner's responsibility and it was up to him to accept the liability. Discussion ensued. Mr. Okun commented Planning and Zoning Advisory Board May 5, 2005 Meeting Minutes Page 5 the Village must have an agreement that the property owner had liability. Mr. Campbell commented he did not have authority on the stop sign liability. MOTION Vice Chair Okun made a motion to recommend to Village Council approval of the County Line Plaza color scheme change as presented. Board member Robbins seconded the motion, which carried by unanimous 5-0 vote. Review of Final Draft of Adult Arcade Ordinance Mr. Newell verified with the board members who had received his e-mail final draft. Board member Cook indicated she had a new e-mail address, and would give it to Mr. Newe1L Chair Schauer referred to code book Section 78-361 Special Exception Uses. Mr. Newell confirmed the adult arcade ordinance would be a special exception use in the C-2 zoning district. Chair Schauer referred to code book Section 78-362 Criteria , and Section 78-362 Findings Required for Approval, and noted that Planning and Zoning was not mentioned in the process of special exception use. Mr. Newell confirmed that special exceptions would come to P&Z first, so they were a part of the process. Chair Schauer commented she had been thinking about adult entertainment and the adult arcade and the code required the Council to have a speoial exception hearing open to the public. Mr. Newell confirmed that the Council did have that hearing and notice was given to property owners within 300', and it had to be advertised iwice. Chair Schauer commented by the board reviewing these ordinances they were creating a law and allowing these types of businesses to come into the Village. Mr. Newell responded yes, but looking at the criteria, distances that they had to meet, it would be very difficult. Mr. Newell explained the history of the adult azcades and that the State allowed jurisdictions to heavily regulate this type .of business. Vice Chair Okun commented as the State loosened its legislation barring gambling activities, these could be natural landing points for expanded use, and once the State pre-empted the Village there would already be a footprint that would be close enough for a natural evolution, and that was why he had been so tenacious about making sure the ordinance was ahead of the next wave electronically. Mr. Newell commented he had no problem getting with Attorney Karen Roselli regarding the extra paragraph on that issue if the board agreed. Mr. Newell stressed urgency, since he had already been � conta.cted by three parties wanting to open these businesses. He would get the additional language to Ms. Roselli the next day. Mr. Newell advised she was also working with Jupiter on this iype of ordinance. Board member Robbins expressed his opinion the board should move to get this before Council because of the urgency, and the language could be improved over time. During ensuing discussion, Vice Chair Okun suggested the following additional language: "The arcade will also not operate any virtual business by electronic transmission by internet, telephone, cellular technology, or any other wireless devices designated Planning and Zoning Advisory Board May 5, 2005 Meeting Minutes Page 6 to receive transmissions related to adult arcade activities. " Consensus was to give this langua.ge to Attorney Roselli so that if she could add it, she would do so. Chair Schauer asked Mr. Newell to read aloud the occupational license registration requirement, which was done. Chair Schauer clarified that was stating that before a license was given the property had to be physically checked out. Mr. Newell confirmed that the inspection would be done by the Building O�cial as designee of the Village Manager, the Fire Chief and Police Chief. Mr. Newell confirmed all of the commas, etc., would be reviewed before this ordinance went to Village CounciL Chair Schauer commented she drove by the one in Stuart and it was packed with senior citizens. Mr. Newell commented they used a credit card type system Chair Schauer commented she had reviewed and found some things that were not correct, as she had mentioned. It was noted that when the code was re-codified they had not moved everything that should have been moved, and had moved other items that should not have been moved, and it was appreciated that Chair Schauer had pointed out some of these iterns. Chair Schauer recalled a time when the Council wanted to regulate paxades, but she did not. agree, and it had been ta.bled. MOTION Board member Cook made a motian to recommend to Village Council approval of the final draft of the adult arcade ordinance with the new language suggested by Vice Chair Okun: "The arcade will also not operate any virtual business by electronic transmission by internet, telephone, cellular technology, or any other wireless devices designated to receive transmissions related to adult arcade activities." ; and to respectfully submit the final draft of the adult arcade ordinance to the attorney for review and approval. Board member Robbins seconded the motion, which carried by unanimous 5-0 vote. V. COMMUNICATIONS FROM CITIZENS There were no communications from citizens. VI. ANY OTHER MATTERS Chair Schauer noted Arbor Day came and went without a tree planted, and volunteered to contact Mr. Couzzo to remind him a tree needed to be planted because Tequesta was a Tree City. Board member Cook commented it could be done a little late this year. Discussion ensued. Board member Cook commented it just slipped by this year. Chair Schauer commented she would call the Village Manager before the next meeting of this board. Board member Cook commented Planning and Zoning Advisory Board . May 5, 2005 Meeting Minutes Page 7 the Village just planted six sable palms in the Bay Harbor passive park, and a picture could be taken, and those trees could be considered to be for Arbor Day. Boaxd member Cook expressed concern about the linear paxk, but stated she would go before Council about that. Board member Wilder commented County Commissioner Karen Marcus had given another $135,000 for improvements. Mr. Newell reported for the intersection of Village Boulevard and Old Dixie that the Village was going to approach the county for new traffic signals there. Vice Chair Okun advised he wanted to bring the board up-to-date on his conversations with the board, Village Manager, and the Director of Community Development on one of the things which he had mentioned at the joint meeting because he wanted to put the Village Council on notice. That was that the Village was complicit in getting involved in stop signs on private property. Mr. Okun stated it put the police department in a bad situation—they knew they could not really enforce those so they went through the motions if someone asked them to; it put the Chief in a bad situa.tion, it increased the Village's liability. Mr. Okun commented there were Federal standards adopted by the State of Florida, , and certain criteria had to be met. He commented involvement should start with P&Z and then go beyond. At that meeting he was told the Police Chief or Lt. Ricciardi looked at that, but that was not what should be done. What should be done was the Village should have an agreement with the landowner indemnifying the Village so they were not liable for any action caused by any placement of internal signs on private property. Signs placed by private landowners gave a false sense of security and was a violation of law. Mr. Okun advised he had spoken with Mr. Newell and the Village Manager and told them the easiest thing for the Village was just to get an agreement and tell the Police Chief not to get involved in placement of illegal signs. The Village Manager had liked the idea and wanted to have Karen Roselli draw up an agreement. Mr. Okun stated as a recommending board, the board should adopt this position. Mr. Newell advised he would have Karen Raselli come to the next meeting and he would put her on the agenda to discuss this issue. Mr. Okun indicated he would e-mail Mr. Newell, who could then talk with Ms. Roselli. VII. ADJOURNMENT Upon motion by Vice Chair Okun, seconded by Boardmember Wilder, and unanimously carried, the meeting was adjourned at 8:00 p.m. Respectfully submitted, Gwen Carlisle Village Clerk