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HomeMy WebLinkAboutDocumentation_Regular_Tab 11_05/12/2005 MEETING MINUTES VILLAGE OF TEQUESTA LOCAL PLANNING AGENCY HEARING/ ' PLANNING AND ZONING ADVISORY BOARD MARCH 16, 2005 I. CALL TO ORDER AND ROLL CALL FOR LOCAL PLA�NNING AGENCY 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 Wednesday, March 16, 2005. T'he meeting was called to order at 6:33 P.M. by Chair Elizabeth Schauer. A roll call 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 present were: Clerk of the Board and Director of Community Development Jeff Newell, Village Clerk Gwen Carlisle, and Department Heads. II. APPROVAL OF AGENDA MOTION: Vice Chair Okun moved to approve the agenda as submitted; seconded by Board Member Robbins; motion passed S-0. III. PUBLIC HEARINGS A. ORDINANCE NO. 596 — AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDiNG THE COMPREHENSIVE PLAN OF THE VTI,LAGE OF TEQUESTA, FLORIDA 1N ACCORDANCE WITH CHAPTER 163, FLORIDA STATUES "THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT'", AS AMENDED, AND CHAPTERS 9J-5 AND 9J-11, FLORIDA ADMINSTR.ATIVE CODE, ADOPTING A SMALL SCALE DEVELOPMENT AMENDMENT TO THE FUTURE LAND USE MAP IN THE AREA DESIGNATED; APPLYING A COMMERCIAL LAND USE CLASSIFICATION TO A PORTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE NORTH �F CANAL COURT, CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTNE DATE. Chair Schauer read for the record the title of Ordinance 596. Chair Schauer announced the Public Heaxing was open. Minutes — Local Planning Agency Meeting March 16, 2045 Page 2 Mr. Jeff Newell, Director of Community Development and Clerk of the Board stated this was the final stage of the annexation of the following properties; Phoenix Health Center, Baldinos, and the property to the north. He indicated this ordinance was amending the Comprehensive Plan to include these properties into the Village of Tequesta. Public Comments Council Member Geraldine Genco, and resident of Country Club Circle mentioned for the last several months, she had brought up to the Village Attorney (who in turn brought up to the Planning and Zoning Advisory Board Attorney, Ms. Karen Roselli) a conflict between the duties that have been assigned to the Planning and Zoning Board, under the Florida Statute. She explained both the P&Z Advisory Board and Council had been given the same powers by code. She commented she had been asking them for clarification on the matter, and to resolve the conflict, since October. She stated for the record the conflict and the overlap on the issue. She had hoped they would have resolved this, because it could be an issue. She explained that the Village Council and the Planning and Zoning Advisory Board had been appointed as the Local Planning Agency (LPA). She indicated there could not be two LPA's, for the purpose of having a hearing. She noted she had pointed it out to Council, and the Village Administration. She felt it should not prevent the Board from moving forward with the Hearing, but cautioned the Board that whatever they do may have to be done again at the Council level. She asked the Boazd to request that the issue be resolved, or clarified. Chair Schauer commented this was the first she had heard of this conflict. Mr. Newell stated he would make sure the message got to the proper people on the conflict. He indicated he had not received any opinion on this from the attorneys. Board Member Cook felt this issue went back to the time of the previous Village Manager when Council had issues regarding the Zucarelli property, and the Community Appearance Board (CAB) had quasi judicial powers. Chair Schauer indicated that P&Z Board had requested the attorney look into Board having the same powers as CAB. Mr. Newell indicated he would research and advise the Board. Vice Chair Okun asked if there was any conflict that might increase the risk of any litigation, if the hearing continued at this meeting. Mr. Newell recommended continuing the LPA hearing, and let the attorneys advise whether it needed to be brought before Council. Vice Chair Okun commented if the Board had an idea of the Village Council's feelings they could avoid potential conflict. Assistant Village Manager Bob Gazlo advised he would speak to the Village Attorney tomorrow morning about the matter, and recommended continuing with tonight's hearing. Chair Schauer requested Mr. Garlo provide a memo to the Council, after consulting with an attorney. Minutes — Local Planning Agency Meeting March 16, 2Q05 Page 3 Chair Schauer pointed out that it would have been a benefit to have the same attorney for the Boazd and the Village, so that direction to the board would be clear. She advised that the board would continue with tonight's hearing. Board Member Cook commented the only problem would be if the Board did not vote for this and the Village Council wanted it, but she felt most everyone on the board wanted it, and the LPA issue not being clarified had just been an oversight. Chair Schauer explained the Village Council used to sit as the LPA because there previously had not been a Planning and Zoning Board. Board Comments: Chair Schauer called for comments from the board. No board members had comments except Chair Schauer, who recalled that Dr. Sullivan of Phoenix Wellness Center had been upset about being annexed and the board had discussed giving her a five-year grace period to meet the requirements of Ordinance 377. Chair Schauer asked if that needed to be in writing. Mr. Newell responded he needed time to review the ordinance to make sure that action was proper, and would get the answer to the board. Mr. Newell confirmed all three property owners had been notified of tonight's hearing. Chair Schauer stated none were present. Hearing no further comments from the public, Chair Schauer declared the public hearing closed. MOTION �ce Chair Okun made a motion recommending to the Village Council approval of Ordinance No. 596. Board Member Wilder seconded the motion, which carried by unanimous 5-0 vote. B. ORDINANCE NO. 597 — LOCAL PLANNiNG AGENCY HEARING — AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PLAM BEACH COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING ORDINANCE OF THE VILLAGE, AT ARTICLE V OF CHAPTER 78 OF TEQUESTA CODE OF ORDINANCES, ESTABLISHMENTS OF DISTRICTS AND OFFICIAL ZONING MAP, BY AMENDING THE ZONING MAP TO APPLY A ZONING DESIGNATION OF C-2 COMMUNITY COMMERCIAL TO A PROTION OF REAL PROPERTY LOCATED ON THE EAST SIDE OF U.S. HIGHWAY ONE, NORTH OF CANAL COURT CONTAINING APPROXIMATELY 1.33 ACRES; PROVIDING FOR A . LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Chair Schauer read for the record the title of Ordinance 597. Chair Schauer announced the Public Hearing was open. Minutes — Local Planning Agency Meeting March 16, 2005 Page 4 Staff Comments: Mr. Jeff Newell, Director of Community Development and Clerk of the Board, stated this ordinance would amend the Future Land Use Map of the . Village by applying the C-2 Commercial zoning designation, and this hearing would be the final act of the annexation. Public Comments: There were no comments from the public. Board Comments: The only comment from the board was by Chair Schauer, who asked if the alley right-of-way matter was taken care of. Mr. Newell responded that portion of the a11ey would become the property of the Village of Tequesta. Vice Chair Okun confirmed with Mr. Newell that all three property owners had been notified of this meeting. Hearing no further comments, Chair Schauer declared the public hearing closed. IV. ADJOURNMENT MOTION Board Member Wilder made a molion recommending to the �llage Council approval of Ordinance No. 597. Vice Chair Okun seconded the motion, which carried by unanimous S-0 vote. The meeting was adjourned at 6:50 p.m. Respectfully Submitted, Gwen Carlisle Village Clerk