HomeMy WebLinkAboutDocumentation_Regular_Tab 08A_04/14/1994 �
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; ; VILLAGE OF TEQUESTA
.�
DEPARTMENT OF COMMUNITY DEVELOPMENT
� Post Office Box 3273 • 357 Tequesta Drive
7 ^ � f
�; a Tequesta, Florida 33469-0273 •(407) 575-6220
��, � ,� Fax: (407) 575-6203
,C H COUN
MEMORANDUM
T0: Thomas G. Brac3f ord, V i 11 age Manager �
FROM: Scott D. Ladd, Buildinq Off icial ��
��
DATE: March 29, 1994
SUBJECT: Ord. 377 Landscape Waiver Request
Tequesta Gardens Condominium AssQCiation
Tom, attached are 18 sets of packets for the above referenced
subject. A fisld review by Department of Community Development
staff reveals that Tequesta Gardens is heavily landscaped and has
much mare landscaped open space than the minimum required by the
Zoning Ordinance. Therefore, their request for waivers to certain
sections of the Landscage Code. Ord. 377, as amended, is a
reasonable requsst and staff recommends apgroval.
Ple.ase place this item under development matters on the April 14,
1994 Villaqe Council meetinq a_qenda. Thanks.
SDL: jmm
Attch.
Recyc.led Paper
�
APPLICATION FOR LANDSCAPE WAIVER
VILLAGE COUNCIL '
VILLAGE OF TEQUESTA. FLORIDA
NAME OF APPLICANT TEQUESTA GARDEN CONDOMINIUM ASSOCIATION
MAILING ADDRESS: 10 Westwood Avenue, Tequesta, FL 33469-2513
PHONE NUMBER: ( HOME) ( BUSINESS) (407) 747-1822, 575-5
LOT/ PARCEL ADDRESS: ' As above
LOT: BLOCK: SUBDIVISIONt
PROPERTY CONTROL NUMBER:
NATURE OF WAIVER: <DESCRIBE GENERALLY THE NATURE OF THE WAIVER
DESIRED> �
, See Attacl�ed Sheets
JUSTIFICATION OF WAIVER: (SUPPORTING DATA, WHY APPLICANT �'EELS
WAIVER SHOULD BE GRANTED)
See Attached Sheets
NOTE: APPLICANT MAY HE REQUIRED TO INCLUDF THE FOLLOWIN(3 ITEMS
WITH THIS APPLICATION:
1. CURRENT SURVEY OF PROPERTY SHOWING ALL STRUCTURES,
SETBACKS, PARKING AREAS AND LANDSCAPE ARE1�S.
2. DRAWINGS TO SCAI,E OF PROPOSED IMPROVEMENTS, IF ANY.
3. WRITTEN APPROVAL FROM PROPERTY OWNER.
4. ANY OTHER DOCUMENTATION PERTINENT TO T PLICATION.
APPLICANT SIGNATURE: � ` �
Alexande W. Cameron C•• ATE)
i
�¢cjuesta �arc�en Cor�c�o»�inium �9sociation, �Tnc.
10 WESTWOOD • TEQUESTA, FLORIDA 33469-2513
HOLISING FOR OLDER PERSONS
LANDSCAPE ORDINANCE ��377
Waivers Requested by Tequesta Garden Condominium Association
January 26, 1994 '
Page 2, Para. (1) and (2) - We request partial taaive�. Installation of the required
hedges is �ust not.possible, as all our peripheral (boundary) are�s are asphalted to
the property line and installing the requized h.edges would $ubtract.from the width
of the parking areas and access driveways, all of which are alr�ady too narrow �s
per current codes, and any substantial reduction of width in these areas would clearly
create hazardous conditions. See attached communication fram Fredrich Shaffer, P.E. *
to substantiate these hazardous conditions. Virtually all of the required six foot
opaque fences have been already constructed, exc.ept for the Southwest corner.
Page 3, Para. (3) - We request waiver. We have no room for �ny ground coveri see
Para. (1) and (2) above. As to the required trees (which we �lso h�ve no room for),
overhead power and telephone lines approximately.l8 feet above ground, �ome ag 1ow as
12 feet, occupy virtually all our periphery. Thus, any real canopy trees would be
totally impractical. Further, our fences on the North and West boundarys are already
overhung with existing trees from the other $ide of the property line. Approximately
407 of rea� (West) boundary is covered by a complete,�v3rtually impenetrable �creen
of trees. Any new small trees planted in these portions of our bound�rys would be
"lost" in the existing trees. Further, the Village has assumed responsibility for
landscaping the substantial portion of our boundary that abuts Constitution Park
(as per the Park landscape plan �ust approved:by the Community Appearance Board).
Page 4, Para. (6) - We request waiver. Inspection of our plan shows we have diagonal,
not head-in parking. And, due to the width of current parking areas (well below
current codes) it would be impossible to convert to head-in parking. Further, we
currently have only 1.4 parking spaces per apartment, well below: the current code
(2 each), adding the required interior islands, etc. taould �ubtract a� least 3 or 4
spaces per building, reducing our available parking to roughly 1.2 pe� apartment, and
parking already is in short supply in our worst-case buildings, se� attached communi-
cation to "G" Building Residents. Also, see report £rom Professional Engineer
referred to ie Page 2, Para. (1) and (2). -
Page 6, Para (10) - We request partiial waiver. Since each parking area is cu�rently
bordered by a 4 ft.• landscaped strip, it follows that we have 4/�;3 of the average
parking area landscaped, about __9.3�, and we have alre�dy established that we cannot '
further landscape any parking areas. (see request.ed w�iver �or Page 2, t�ar�. (1) and
(2)) Also, we already have over 437 0� our total property area landscaped, far more
than the typical shopping centers, mallls, highrise condominiums, etc. that are
covered by the same Landscape requirements.
* Also, attached communication from Richard Rutledge, Rood Landscaping.
�
Landscape Ordinance 4�377
Page 2
Page 6, Para. (13) -.We request partial waiver. We will remove an Australian Pine
Hedge on the East side of the recreation area; and replace with an approved native
type hedge. This and a small remnant of a similar Australian Pine Hedge (South of
"L" Building) which will also be removed, are the only invasive species that Rood
Landscaping was able to find.
As to Ordinance ��377 totally, Ex Post Facto laws (like 4�377) are specifically prohib-
ited by both the Florida and the U.S. Constitutions and have been generally held to
be illegal in the United States. More recently, as a result of pressure for things
like environmental reforms, the courts have allowed some laws which make illegal
some parts of things that were perfectly legal when constructed (like Tequesta
Gardens). Generally, for such a law to be upheld by the courts, it has been necessary
to show clear benefits to the eneral up b1ic, and allow a reasonable time for
compliance!
Ordinance ��377 basically contains the following areas:
A requirement to replace invasive species of plants ( possibly in the public interest),
a requirement to use a preponderance of native species in any required landscaping
(possibly in the public interest), and a lot of requirements having to do largely
_ with increasing the amount of greenery in and around commercial parking areas, and to
prevent the more usual acres of asphalt otherwise found at shopping centers, malls,
etc.. Unfortunately, Tequesta Garden Condominium has been lumped into the landscape
category for shopping centers, malls, and other commercial property. Thus, we would
seem to be required by the Ordinance to dig up a lot of asphalt, plant � lot of green-
ery in parking areas and cut down on the number of existing parking places by putting
in "separators" every 10 spaces, etc.
It is our position, stated above, that these landscaping requirements are impossible
for us, or totally impractical, and these are not in any way in the public interest.
Most of our parking areas are not even visible to the general public on the public
roadways. In fact, we have always had No Trespassing signa posted so that unl�ss the
general public are invitees, they would clearly be trespassers. Thus, if we were to
comply, we would be forced to spend large amounts of money, create dangerously narrow
parking areas, etc. which onl our residents would use and see. This is clearly not
in the Public Interest in any way whatsoever.
Secondly, we have already made reasonable efforts to comply with 4�377. Also, it
would appear that our frontage on Seabrook Road, our only really public exposure, is
presently in accordance with 4�377. Further, we:�have stated that we will also do our
best at our SoutheasC corner (at Seabrook) to do landscaping compatible with the
Village plans for the new JTJC parking area.
It is possibly also worth noting that our entire Western and part of our Northern
border fronts County land, not Tequesta.
Thank you for your consideration.
, �
A exan r W. Cameron
Presi ent
a .
Consulting Engineer
e February 9, 1994
Tequesta Gardens Condominium Association
10 Westwood Ave.
Q Tequesta, Florida 33469
d Attn: Mr. Alec Cameron
a President ,
0
� Re: Parking Area Revisions as
d Required by Village of Tequesta
a
� Dear Mr. Cameron:
�
� In accordance with your request, we have undertaken � review of your
Q parking lots in conjunetion with our consultant Southern Design Group Inc.. ,
� This review has resulted in the following observations and conclusiot�s.
� 1. The current parking allotment, as originally permitted, is 1.5
Q spaces per unit which is less than.the current requirement .of 2
spaces per unit.
� 2. In our observations, it appears that nearly all of the existing
� parking spaces are currently in use and that open spaces were not
° abundant.
�° . .
� 3. Based upon our field observation, we do not recommend that any
° parking spaces be deleted or shifted to meet the current landscape
� codes. This would result in a further depletion of available parking
which is minimally acceptable at this time.
4. Due to the angled parking configuration (and in some cases parallel
. parking), which create one way access, and the limited width of
parking drive aisles, we do not recommend any dimensional reductions
, . of the spaces or drive aisles to meet the current landscape codes.
This would result in unacceptably narrow traffie aisles and parking
spaces.
If we may be of assistance on this, or any other matter, please do not
hesitate to contact this office.
Very truly yours,
FaBn�icc D. Sasrrsn P. �., PA
CoxsuLTi a Exoixsa�t
�
/� Fredrick D. Shaffer P.E.
� President .
Fla. Reg. No. 26694
Special Inspectar No. 766
C:\1►PS1\PROJBCT\93249L4 Page � ,
1016 N. Clemons St. • Suite �?�n �.luplter, Florida 33477 •(407) 575-1210 • Fax (407) 575-7A�0
���
R O O D LANDSCAPE Co., inc. Estab�ished 1946
4546 County Line Rd.
)upiter, Florida 33469 (407,a`J46-5186
P.O. Box 3768 (407-)�:546-2241
Tequesta, Florida 33469-0768
February 10, 1994
Mr. Alec Cameron
1 Gatden Sheet - I,-203
Tequest�, FL 33469
Dear Mr. Cameron,
As stated in ordinance 377 by the VILLAGE COiINCIL OF T�E VILLAGE OF
TEQUFSTA, the parameter landscape requirements are as follows. Minimum of a 5'
landscape buffer to include one tree for every 30 lineal feet of property line, continuous hedge
minimum of 24" tall at time of planting. In cases where your property abuts residential
property, a 5'-6' opaque wall/fence is also required.
In practically all perimeter ares on your property this requirement is going to be impossible to
comply with because of your existing conditions.
� In many areas along the perimeter fences, there is only 12 to 18 inches of planting space
which is not even enough room for a hedge and certainly not enough space for trees. If more
� asphalt was cut out to provide the required S' of landscaping, I think your going to have some
serious problems with traffic maneuverability in the parking lots and access roads. Also
sunounding your perimeter are overhead wires ranging from 12' to 20' above the ground
making the possible tree selection very slim.
This subject should be brought up with the Village of Tequesta to get their feedback and any
suggestions they may have.
Please contact me if you have any questions.
Sincerely,
�;�����
Richard J. utledge
Landscape Design & Sales ..
� To a11 residents of Suildinct "G"
1/17/94
We now have a full house and only 4 Guest Parking
Spaces.
If you have an overnight guest staying with you -
either your car or your guestS car will have to be
parked at the Recreation Area. This wi11 keep the
Guest Parking spaces FREE for daytime guests as
well as workmen who may need the space during the •
day.
Two owners are already complying witfi thi� plan.
Three owners no longer own cars but are stiil. en-
titled to their own.space and use them for their
own guests. �
Your cooperation will be greatly appreciated.
, This plan has been approved by our President df
the Board of Directors.
Thank you.
�
_ _ _ %! .
(_.� .
Building Representative.
�ec�uesta �arden �ondominiam �ssociatioti� Jnc.
10 WESTWOOD • TEQUESTA, FLORIDA 33469-2513
HO USING FOR OLDER PERSONS
February 24, 1994
Mr. Scott Ladd
Building Department
Village of Tequesta
357 Tequesta Drive
Tequesta, FL 33469
Subject: Addendum to Application for Waivers to Landscape Ordinance ��377.
Dear Mr. Ladd:
Please add this communication to the Tequesta Gardens Application
for waivers filed on Monday, February 14th.
On February 22nd, Lieutenant Burnsed of the Tequesta Fire Department
brought the new ladder truck to Tequesta Gardens to test accessability,
etc. When they attempted to egress from the "L" Building parking area
through the South side exit, I personally saw 6 or 7 backing and cutting
tries to make it around the corner. The Lieutenant stated: "If the last
three parking slots were not empty at the time, we never could have made
it round the corner".
This episode clearly substantiates our contention, and the opinions
of two professional engineers, that our parking areas and access drives
are already too narrow, and it would create dangerously unsafe conditions
if these areas and drives were to be narrowed in any way.
Very trul yours,
� `�
/
Alexand r W. Cameron
President
cc: Landscape Committee
Mayor Ron Mackail
Village Manager Tom Bradford
Lieutenant Burnsed, Fire Department
AWC:Ik
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