HomeMy WebLinkAboutDocumentation_Regular_Tab 05c_05/13/2004 • �
111 e 111 O�'d 11C1. L1111
Date: 5/7/2004
To: Michael R Couzzo, Jr., Village Council
From: Mary Miles, Village Clerk
RE: ORDINANCE NO. 5$8
This is the second reading of Ordinance No. 587, a small scale application of zoning designa6on to
new land in the Village of Tequesta as a result of annexation of contiguous parcels of Palm Beach
County land. The proposed property is a commercial property along the east side of U.S. 1 in
between Harbour Road South and Palm Court. Turtle Beach Construction is planning to build
consh uction offices at tha# location.
�`u'�t reading by Council was appraved on Apri18, 2004; and the Planning and Zoning Board
r�cv�ended it for approval at their Apri121, 2004 meeting (see attached). Proper noticing for small
sc�e zc►�%mg designation was adhered to, as well as courtesy nofiices to those residents within 300 f�.
�s x�u�d by Council.
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� � ORDINANCE NO. 588
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(I AN ORDINANCE OF TF� VII,LAGE COUNCIL OF
' THE VII.,LAGE OF TEQUESTA, APPLYING A
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�! ZONING DESIGNATION TO A PORTION OF REAL
'j PROPERTY LOCATED ON THE EAST SIDE OF U. S.
�! HIGHWAY ONE BETWEEN PALM COURT AND
i I HARBOR ROAD SOUTH CONTAiNING
'':, APPROXINIATELY 0.495 ACRES, TO C-2
i i COMMUrTITY COMN�RCIAL; MAI�ING CERTAIN
j; FINDINGS OF FACT; PROVIDING FOR REVISION
i; OF THE VII.,LAGE ZOIVING MAP; PROVIDING FOR
;; SEVERABILITY, AN EFFECTIVE DATE, AND FOR
;; OTHER PURPOSES.
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i� WHEREAS, a rezoning application has been made to the Village of
�; Tequesta by the property owner for real property described in Exhibit "A"
i; attached hereto and made a part hereof, which property is subject to the
;� jurisdicfiion of the Village; and
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!' WHEREAS, the Village Council of the Village of Tequesta, Pa1m Beach
�� County, Florida has received and reviewed staff recommendation to rezone the
' subject property to G2 Community Commercial, and
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!; WHEREA5, the Village of Tequesta Village Council has held a properly
'� noticed public hearing on the zoning application, and has recommended approval
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„ of the application; and
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�� WHEREAS, the Village Council has received and considered the
;� Department of Community Development's recommendations and extensive expert
; I testimony and comment from the public has held two advertised public hearings
;; pursuant to Chapter 166, Florida Statutes on the application for the subject
" property, has determined that the zoning is consistent with the Comprehensive
�! Plan of the Village, ha.s further determined that the zoning is in the best interest of
,( the general welfare of the Village, and that C-2, Community Commercial District
� I is an appropriate zoning for the subject property.
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'� NOW, THEREFORE, BE IT ORDAINED BY THE VII.,LAGE
�� COUNCiL OF Ti� VII.,LAGE OF TEQUESTS, FLORIDA AS FOLLOWS:
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; � Section 1: INCORPORATION OF RECITALS
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i� The above recitals are incorporated as though fully set forth herein.
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'' Section 2: FINDINGS
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' Based upon competent substantial evidence, the Village Council of the
� Village of Tequesta hereby finds expressly that the rezoning of the subject
i, property is consistent with the Village Comprehensive Plan and complies with all
� procedwal requirements of the Village's Comprehensive Zoning Ordinance, that
�; the rezoning is consistent with the general public welfare and in accordance with
� � proper planning principais.
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� � SECTION 3: REZONING OF PROPERTY
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i � The Village Council of the Village of Tequesta hereby designates zoning
�; for the subject property to C-2 Community Commercial and hereby directs the
�� Village Sta,ff to reflect a G2 Community Commercial District zoning to the
;j subject property on the official Viilage Zoning Map.
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! � SECTION 4: REPEAL OF INCONSISTENT ORDINANCE
�' PRO�ISIONS
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, All Ordinances or provisions thereof in conflict herewith are hereby
! repealed.
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� i SECTION 5: SEVERABILITY
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�; If any section, subsection, sentence, clause, or phrase of the ordinance for
� i any rea.son, is held to be unconstitutional, void or otherwise invalid, the validity of
! � the remaining portions of this Ordinance sha11 not be affected thereby.
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i � SECTION 6: EFFECTIVE DATE
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� The effective date of this rezoning shall be the date a fmal order is issued by the
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Department of Community Affairs or Administration Commission finding the
; i associated Comprehensive Plan Amendment in compliance in accordance with
j Section 163.3184, Florida Statutes, whichever occurs earlier. If a final order of
�� noncompliance is issued by the Administrative Commission, the rezoning may
�� nevertheless be made effective by the adoption of the resolution affrnung the
� � Plan Amendment's ef�ective status.
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�` READ AND APPROVED, on First Reading by the Village Council on
i; the 8�' day of April, 2004.
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�� THE FOREGOING URDINANCE was offered by Councilmember
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{; � , who moved its adoption. The Ordinance was seconded by
i i Councilmember , and upon being put ta a vote, the vote was as
�i follows:
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I FOR ADOPTION AGAINST ADOPTION '
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; I The Mayor, thereupon declared the Ordinance duly passed and adopted this �;
' day af , 2004.
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Village Mayor
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''� Viilage Clerk
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LEGAL DESCRIPTION
LOTS 1 THROUGH 9, INCLUSIVE, BLOCK 5, JUPITER HEIGHTS, A
SUBDIVISION IN PALM BEACH COUNTY, FLORIDA, ACCORDING TO THE
PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT
COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 23,
PAGE 69.
TOGETHER WITH A PARCEL OF LAND 40 FEET IN WIDTH, MEASURED FROM
EAST TO WEST, AND 180 FEET IN LENGTH, MEASURED FROM NORTH TO
SOUTH, LYING IMMEDIATELY WEST OF AND ADJACENT TO LOTS 1
THROUGH 9, INCLUSIVE OF BLOCK 5, JUPITER HEIGHTS, A SUBDIVISION IN
PALM BEACH COUNTY, FLORIDA, AS RECORDED 1N PLAT BOOK 23, PAGE
69, IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, PALM BEACH
COUNTY, FLORIDA, THIS PROPERTY BEING THE EAST 40 FEET OF THAT
CERTAIN 100 FEET DEDICATED TO THE PUBLIC LYING EAST OF U.S.
HIGHWAY #1 (STATE ROAD #5) RUNNING PARALLEL TO SAID ROAD AND
BETWEEN SAID ROAD AND SAID LOTS 1 THROUGH 9, iNCLUSIVE, OF
BLOCK 5.
CONTAlN1NG: 21,600 SQUA.RE FEET MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-
WAY OF RECORD.
Word/Ordinances/Ord. 573
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�r�pc��e� I.a�c� ��� i'lan �3���ig��ti�rc & I��-Z+�ning
C��rrentiy In l�nincca��orated P�trn ��ach ; o�n#y Pro�os�d �,n��xation into Tequesta
Currer�t L_anr� Use: C!5 Proposed :?�ni�g: �-2 Community Commerciai
,s�rr�n� 7_c�ning: Camme; ;€�E G�ner�l (C�} Prop�s�d Lar�ef l�se P1�� Designation: Cammercial
Gurrert Use: V�vant Pr�pns�� �1se: Construction Company Office
Area� uvith �,�alt�r�� �vee�a�s ar� �'stir;� the 1.��Itage Muni�i�aE ! im�fs
Me11101�11d�L1111 TF
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To: Michael Couzzo, Village Manager �-�
CC: JeffNewell � �� -
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From: Carol Lux ` �� p
Date: 5/3/04 ; y � p�
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Re: Planning and Zoning Boazd Meeting Results �9C .�
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Results from the Planning and Zoning Board of April 21, 2004
Three items were discussed at the P&Z Boazd Meeting held at 6:30 on Wednesday, Apri121, 2004.
1. The third item on the agenda was moved to the first item. This item was an application by
Conceptual Design Signs and Graphics, Inc. on behalf of Indeco Inc. of 399 Cypress Drive,
Tequesta FL. Indeco Inc. was applying to install three wall signs on their building at Cypress
Drive. The white signs with green lettering were approved by the Board with no changes.
2. The second agenda item handled was the Public Hearing and Recommendation to the
Village Council by the Local Planning Agency of Ordinance No. 587. This ordinance
amends the Comprehensive Plan to apply a commercial land use classification to a portion
of real property located on the east side of U.S. Highway One between Palm Court and
Harbor Road South known as the Turtle Beach Construction site containing .495 acres. The
Planning and Zoning Board, sitting as the Local Planning Agency, approved the revision of
the Viliage's Future Land Use Map; providing for codification, severability, and providing
an effective date. This proposed revision will go before the Village Council for second
reading in May.
3. The final item to be heard by the P&Z Boazd was the Public Hearing and Recommendation
to the Village Council of Ordinance No. 588. This ordinance applies a wning designation to
the Turtle Beach Construction site noted above. The zoning classification approved to be
applied to the site was C-2, Community Commercial. This proposed zoning application will
go before the Village Council for second reading in May.
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�'�' P�tit t3tfic� Bcx s27 �• 25t�'Tequesta I�rive, Suite 30�
�' .��� o Te�«esta. Fla?ric4�� 3�46t)_�t2'73 • (561} Si5-5200
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VILLAGE OF TEQUESTA
PLANNING AND ZONING ADVISORY BOARD
MEETING MINUTES
APRIL 21, 2004
I. CALL TO ORDER AND ROLL CALL FOR LOCAL PLANNING
AGENCY AND PLANNING AND ZONING BOARD
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, April 21, 2004. The meeting was called to
order at 6:30 P.M. by Chair Elizabeth Schauer. A roll call was taken by
Recording Secretary Betty Laur. Board members present were: Chair Elizabeth
Schauer, Vice Chair Steve Okun, Board member Jeff Robbins, and William
Wilder. Also in attendance were Village Planner Carol Lux and Clerk of the
Board Jeff Newell. Board member Leslie Cook arrived at 6:33 p.m.
Chair Schauer requested that if a member of the board had a question that they
address her and she would recognize the person to which the question should be
directed. Chair Schauer requested that all cell phones be turned off.
II. APPROVAL OF AGENDA
MOTION
Vice Chair Okun moved approval of the agenda as amended to change item
C under New Business to item A and renumber the subsequent items under
New Business; also, to add discussion of e-mail received by Jeff Newell ta
Any Other Matters. Board member Robbins seconded the motion, which
carried by unanimous 5-0 vote. The motion was therefore passed and
adopted and the Agenda was approved as submitted.
III. APPROVAL OF PREVIOUS MEETING MINUTES
Vice Chair Okun moved approval of the minutes of the meeting of March 30,
2004 as submitted. Board member Wilder seconded the motion, which
carried by unanimous 5-0 vote.
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Planning and Zoning Advisory Board
4/21/04 Meeting Minutes
Page 2
IV. NEW BUSINESS
A. Recommendation to i�illage Council (PBcZ)
A request by Conceptual Design Signs and Graphics, Inc., on behalf of
Indeco, Inc. (property owner) for approval of two (2) 24" watl signs, one
to be placed on the north elevation and one to be placed on the south
elevation; and one (1) 36" wall sign to be ptaced on the east elevation,
for the commercial office building located at 399 North Cypress Drive in
Tequesta, Florida.
Village Planner Carol Lux presented the request and advised that the
requested signs met all Village regulations. John Burroughs of
Conceptual Design Signs and Graphics, Inc., spoke on behalf of the
applicant.
MOTION:
Board member Cook made a motion to recommend to Village Council
approval of the request from Conceptual Design Signs and Graphics,
Inc., on behalf of Indeco, Inc. for approval of two 24" wall signs, one
to be placed on the north elevation and one to be placed on the south
elevation; and one 36" wall sign to be placed on the east elevation, for
the commercial office building located at 399 North Cypress Drive in
Tequesta, Florida. Vice Chair Okun seconded the motion, which
carried by unanimous 5-0 vote.
B. Public Hearing and Recommendation to i�illage Council (LPA)
Ordinance No. S87—An Ordinance of the Viltage Council of the Village
of Tequesta, Palm Beach County, Florida, amending the
Adopted i�illage Comprehensive Plan, pursuant to Chapter 163, Florida
Statutes, and Chapters 9J-S and 9J-11, Florida Administrative Code,
applying a commercial land use classification to a portion of real
property located on the east side of U.S. Highway One between Palm
Court and Harbor Road South, containing approximately 0.495 acres,
providing for a revision to the Vllage's Future Land Use Map;
providing for codification, severability, and providing an effective date.
The Board was now sitting as the Local Planning Agency for this
agenda item.
Community Development Director Jeff Newell, Clerk of the Board read
Ordinance No. 587 by caption and no ex-parte communication was
reported.
Chair Schauer declared the public hearing open.
Planning and Zoning Advisory Board
4/21/04 Meeting Minutes
Page 3
Bryan Chekas, Cotleur and Hearing, spoke on behalf of the applicant, who
would like to locate their corporate offices to the Village.
Board member Cook commented she knew the people who were running
this company and they did a beautiful job, so she was sure the project
would be beautiful, and stated she was in agreement with this change.
Vice Chair Okun also stated agreement. Board member Wilder
commented this property was zoned commercial by the county, and there
was no reason the Village should not have it zoned commercial. Board
member Robbins and Chair Schauer stated they had no problems with this
request.
Hearing no other comments, the public hearing was closed.
MOTION
Board member Cook moved that approval of Ordinance 587 be
recommended to the Village Council. Vice Chair Okun seconded the
motion, which carried by unanimous 5-0 vote.
C. Public HearinQ and Recommendation to Vi[la�e Council (P&�
Ordinance No. 588 —An Ordinance of the Village Council of'the �llage
of Tequesta, applying a Zoning Designation to a portion of real properry
located on the east side of U.S. Highway One beiween Palm Court and
Harbor Road South containing approximately 0.495 acres, to C-2
Community Commercia[; making certain findings of fact; providing for
revision of the Village Zoning Map; providing for severability, an
effective date, and for other purposes.
Community Development Director Jeff Newell, Clerk of the Board
Chair Schauer declared the Public Hearing open. Clerk of the Boazd
Newell read Ordinance No. 588 by caption. There was no-ex-parte
communication reported.
Mr. Newell presented the staffpresentation, stating the Village would
apply a commercial zoning classification; and pointed out the location of
the C-2 district on a zoning map. Mr. Newell explained that the purpose
of the C-2 district was to provide zoning for businesses fronting along
U.S. Highway One. The county's designation for this land was C-5,
.which Mr. Newell explained was intensive commercial zoning.
Discussion ensued. Chair Schauer explained that when the Boaxd
reviewed the site plan for this property they would look at landscaping,
building design, etc., and could make changes; tonight the Board was just
reviewing the parcel. It was noted that the Village property was more
heavily landscaped than that in the county. Mr. Okun asked if rezoning
Planning and Zoning Advisory Board
4/21/04 Meeting Minutes
Page 4
would have any effect on minimizing the use of this property. Mr. Newell
explained that size and other controls would come into play; that the sma11
size of the parcel limited certain uses, such as a large car dealership. Mr.
Okun asked by applying the Village designation as opposed to the
county's designation whether it would be minimized or maximized, to
which Mr. Newell responded in his opinion it would be maximized.
Building height on this parcel was discussed, and Mr. Newell explained
this was only half an acre so could not support a high building. Board
member Cook asked if property owners had been contacted. Mr. Newell
reported that although not required, all property owners within 300' in
Jupiter Heights had been notified at the request of the Village Council.
Brian Chekas of Cotleur and Hearing spoke on behalf of applicant Turtle
Creek Construction.
Frank Sardina commented he lived behind the property and had met with
the developer, who was working on his concerns. Mr. Sardina commented
the Boazd seemed concerned with comparing the Village zoning to the
County's zoning, and advised that the County had very specific ordinances
when commercial backed up to residential, which the Village might want
to consider adopting. Chair Schauer advised that the Board was not
considering site plan issues at this time- just going over the ordinance to
make a recommendation to Village Council--and at site plan review they
would go over buffering and whether the proposed project would be
conducive to the area. Chair Schauer advised that this Board would make
a recommendation to Village Council, and the Village Council could still
make additional changes, but this Board would be doing most of the heavy
work before the Village Council considered approval. Mr. Sardina
commented he had brought this up because in the County's CG zoning
there was a whole different level of consideration because it backed up to
residential, and the Village might want to consider sirnilar zoning in the
future since they were one of the few municipalities who did not have
transitional zoning.
Faye Kochnano commented although it was not required it would be nice
if the 60-70 homes on Harbor Road were notified.
Hearing no further comments from the public, Chair Schauer declared the
public hearing closed.
MOTION
Vice Chair Okun moved that approval of Ordinance 588 be
recommended to the Village Council. Board member Robbins
seconded the motion, which carried by unanimous 5-0 vote.
Planning and Zoning Advisory Board
4/21/04 Meeting Minutes '
Page 5
IV. COMMUNICATION FROM CITIZENS
Mayor Watkins welcomed the board members and thanked them for volunteering
their time for this Board.
V. ANY OTHER MATTERS �
Chair Schauer read into the record an e-mail forwarded from Mr. Newell which
he had received from the Village Manager, stating that in regard to the Planning
and Zoning Board the only person who could contact the attorney would be
Village Manager Couzzo. Chair Schauer stated unless she had read the ordinance
incorrectly, Mr. Newell was Clerk of the Board. Mr. Newell stated that was
correct--he was Clerk of the Board for the Planning and Zoning Boazd and as such
was responsible for their administrative affairs and to be able to research to
provide answers to questions from members of the Board. Chair Schauer
commented that although at the last meeting the attorney had invited board
members to contact her with questions, Chair Schauer assumed no board member
would ever contact the attorney unless they first went through Mr. Newell. Mr.
Newell advised board members were not prohibited from contacting the attorney
or directing him to contact the attorney for some specific purpose, although there
were budget considerations. Chair Schauer clarified that the Board was to address
their main concerns to Mr. Newell as Clerk of the Board. Chair Schauer asked
the amount budgeted for the Planning and Zoning Board for attorney's fees. Mr.
Newell responded that the Boazd of Adjustment and the Planning and Zoning
Boaxd were currently not budgeted but in fiscal year 04/OS these boards would
have a budget. Chair Schauer commented to the Board that if they directed Mr.
Newell to contact the attorney to clarify an item, they needed to realize they had
no budget; but if Mr. Newell felt he needed to contact the attorney he would do
so; however, so far he had been able to answer her questions.
Chair Schauer expressed concern that in reading the e-mail she felt it was trying
to take Mr. Newell out of the loop with the Board. Mr. Newell stated as before
that he was the Clerk of the Board and worked at the direction of the Board, and
as far as the Village Manager's position, the Manager should answer that to the
Board.
Board member Cook expressed her opinion that since this Board was only
advisory, it would not be necessary for them to contact the attorney.
Chair Schauer stated she preferred that each member address their questions to
Mr. Newell and let him contact the attorney.
Planning and Zoning Advisory Board
4/21l04 Meeting Minutes
Page 6
Vice Chair Okun asked if the Village Council had a different attorney than the
one who had come to this Board at the last meeting, and commented if there were
legal issues that they should be addressed to the Chair and passed on to Mr.
Newell so that communication would be clean and cost effective. Mr. Robbins
indicated he thought the intent was to streamline the flow of communication. Mr.
Newell explained that his concern was the Board was going to ask him to inquire
about a legal issue and according to the e-mail he wouId not be contacting the
attorney, it would have to be done by the Village Manager. Mr. Okun commented
Mr. Newell was the conduit for the Boazd and if he needed to contact the Village
Manager to get dispensation, he could then funnel information back to the Boazd.
Mr. Okun stated he was uncomfortable with the attorney inviting communication.
Chair Schauer asked if there was a reason this Board had a different attorney than
the Village Council and shouldn't they have the same attorney. Mr. Newell
responded that Ms. Roselli was giving a better rate than Jones Foster, but the
Board was not obligated to Ms. Roselli. Chair Schauer commented if Ms. Roselli
had a different concept of something than the Village Attorney she would have to
consult with him and there would be two bills for legal fees. Vice Chair Okun
expressed his opinion the same attorney should be used for continuity.
MOTION:
Vice Chair Okun moved for better continuity, better communication, and for
more cost effective legal representation, understanding that the Planning and
Zoning Board is an advisory board, that they request the services of the same
Counsel that services the Village of Tequesta and the Village Council. Board
member Cook seconded the motion. During discussion of the motion, Board
member Wilder commented it was apparent that the Village Manager
wanted to be the only one to contact the attorney; that she may have been
appointed because of her knowledge of planning and zoning and the
Manager might fear there the Board was going to contact the attorney too
much, but this way the Board had to talk to Jeff and he had to talk to the
Village Manager, which was a roundabout way of doing things. Vice Chair
Okun indicated his concern that the Board's attorney could be in direct
contradiction with Counsel for the Village Attorney and both sides would
have to be paid instead of supporting the Village Council, and if Ms. Roselli
had been hired because of her expertise he was sure it did not exceed that of
the Village Attorney. Mr. Newell advised that Mr. Randolph was a land use
and zoning attorney, so Jones Foster had expertise in this field. Motion
carried by unanimous 5-0 vote.
Councilmember Ed Resnik commented he was trying to understand the
differences in the attorneys, if the attorney for the Boazd was uses for guidance
day to day; but expressed his opinion that the attorney for this board should be the
same one as for the Village Council. Councilmember Resnik commented he
Planning and Zoning Advisory Board
4/21/04 Meeting Minutes
Page 7
thought the Board would get some issues on which they would like legal
confirmation and he did not think the Village Manager would object to using the
same attorney used by the Village Council. Councilmember Resnik commented
that when the Village Council got a recommendation from this Boazd they would
probably accept it as gospel. Boazd member Cook asked if anyone had ever heard
of an advisory board having an attorney, to which the response from Mr. Newell
was yes, and Chair Schauer commented the Board would need one.
Councilmember Resnik commented this Board did not want to advise the Village
Council of something that the Village Attorney would say was not right, and he
had no objection to information coming through Mr. Newell, through the Village
Manager, and through the same attorney used by the Village Council.
Chair Schauer asked if Councilmember Resnik would ask for a consensus of the
Village Council at their next meeting, which Councilmember Resnik said he
would do. Mr. Newell commented to clarify the need for this Board having an
attorney that when the Board began revision of ordinances they would have to be
checked for legal substance.
� Chair Schauer suggested that instead of providing copies of ordinances to the
Boazd that Mr. Newell could just refer to the section and page in the code book.
Village Planner Lux explained that the information in the new code books did not
fall on the same pages as in the version being used; Mr. Newell commented it was
reformatted and the section numbers changed. Vice Chair Okun commented it
would be better for staff to provide the Board with a clean document generated by
staff and also available to the Board. Councilmember Resnik commented there
were no substantive changes made in the new book of ordinances, it was just
updated in accordance with State law and time frame, etc. Vice Chair Okun
sta.ted he would feel more comfortable with a clean document provided by staff.
Mr. Newell advised that the Village Council would adopt it and Muni Code would
change the website, and it would be the new book.
Wade Griest commented the Village now had five attorneys and it would be much
simpler if this funneled to Mr. Couzza
Chair Schauer announced that the next meeting of the Planning and Zoning
Advisory Board was scheduled for Wednesday, May 19, 2004 at 6:30 p.m.
V. ADJOURNMENT
Upon motion by Vice Chair Okun, seconded by Board member Wilder, and
unanimously carried, the meeting was adjourned at 7:35 p.m.
Planning and Zoning Advisory Board
4/21/04 Meeting Minutes
Page 8
Respectfully submitted,
Betty Laur
Recording Secretary