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HomeMy WebLinkAboutMinutes_Planning and Zoning_06/18/2015 Planning & Zoning Board MEETING MINUTES June 18, 2015 1. CALL TO ORDER AND ROLL CALL - The Village of Tequesta Planning & Zoning Board held a regularly scheduled meeting at the Tequesta Village Hall, 345 Tequesta Drive, Tequesta, Florida, on Thursday, June 18, 2015. The meeting was called to order at 5:26 p.m. A roll call was taken by Denise Pennell, who noted the following were present: Chair Janet Strand, Vice Chair Michael Schmidt, Board Member Elizabeth Schauer, Board Member Steve Eagen, Board Member Ashley Warren, and Alternate Leslee Dasher. Also present were Village Attorney Keith Davis, Assistant Village Attorney Jack Rice, and Director of Community Development Nilsa Zacarias. 2. APPROVAL OF AGENDA MOTION Board Member Eagen moved to approve the agenda as submitted. Vice Chair Schmidt seconded the motion, which carried by unanimous 5-0 vote. 3. APPROVAL OF PREVIOUS MEETING MINUTES: May 21, 2015 MOTION Board Member Eagen moved to approve the minutes of the May 21, 2015 meeting as submitted. Board Member Schauer seconded the motion, which carried by unanimous 5-0 vote. SWEARING IN OF WITNESSES All those wishing to speak at tonight's meeting were sworn in by Assistant Village Attorney Jack Rice. EX PARTE COMMUNICATIONS Board Member Schauer reported a parishioner at St. Jude's had spoken to her about the restaurant at 187 Tequesta Drive. No other exparte communication was reported. 4. SPM 05-15: Application from Domus Divino Inc. for a minor site plan modification. The applicant is requesting to modify a previous{y approved site plan by restriping existing parking lot to remove (two) 2 handicap spaces, and adding one (1) regular parking space and new landscape material. The application also includes a monument sign improvement by installing a new sign face to an existing structure. The address of the proposed app{ication is 187 Tequesta Drive, Tequesta, Florida, 33469. George Gentile of Gentile, Glas, Holloway, O'Mahoney & Associates represented the applicant and provided a history of the property, the purchase this year by the applicant and the subsequent Council approvals for special exception and parking variance. The Planning & Zoning Board MEETING MINUTES June 18, 2015 Page2of5 applicant is asking for restriping, additional landscaping, and new sign approval. The variance approval requires that applicant would only use a portion of the building and it was understood that the unused portion could not be used for anything. Mr. Gentile advised that in the future this property owner would be requesting a change to the code to allow parking based on the number of seats instead of square footage. Even if the code should be changed, the number of seats would not be increased. MOTION Board Member Schauer made a motion to approve Application SPM 05-15; seconded by Board Member Eagen. Motion carried by unanimous 5-0 vote. 5. SPM 06-15: Application from Tequesta Country Club for a minor site plan modification. The applicant is requesting to modify a previously approved site plan by replacing existing fence and gates for uniform chain link and screening material. The address of the proposed application is 201 Country Club Drive, Tequesta, Florida, 33469. Neal Chanda, General Manager of Tequesta Country Club, spoke on behalf of the applicant, and advised the height of the fence would be 6 feet. MOTION Board Member Schauer made a motion approve Application SPM 06-15 as submitted; seconded by Board Member Warren. Motion carried by unanimous 5-0 vote. 6. PUBLIC COMMENT There were no comments from the public. 7. BOARD COMMENT There were no comments from the Board. Consensus of the Board was to include Attorney Davis' legal update as a part of this meeting so that it would be on the record. 8. LEGAL UPDATE Village Attorney Keith Davis explained he was providing a training session for the Board members since the Board of Adjustment had been dissolved and their duties would now be assumed by this Board; also, this Board's decision-making authority had been expanded and the name of the Board changed from Planning and Zoning Advisory Board to Planning and Zoning Board. This Board would now hear zoning variance requests for properties located in residential districts R-1A and R-1. The change had been made because the Board of Adjustment had been meeting so infrequently, and this Board is active. He reviewed a legal update memo, which has been attached hereto and made a part of these minutes. Director of Community Development Planning & Zoning Board MEETING MINUTES June 18, 2015 Page3of5 Zacarias reported a variance request was to be submitted the next day, and Attorney Davis advised if the Board members were contacted by the applicant they were free to speak to the applicant or not, and to disclose that contact during ex-parte. An alternate member not seated on the dais could make comments under Public Comment. 9. ADJOURNMENT There being no further business to come before the Board, upon motion by Board Member Schauer, seconded by Vice Chair Schmidt and carried by unanimous 5-0 vote, the meeting was adjourned at 6:09 p.m. Respectfully submitted, � t Nilsa Zacarias, AICP • Director of Community Development Note: These summary minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the meeting. A verbatim audio record is available from the Office of the Village Clerk. All referenced attachments are on file in the Village Clerk's office. MEMORANDUM Planning & Zoning Board MEETING MINUTES June 18, 2015 Page4of5 TO: Chair Strand and Board Members CC: Nilsa Zacarias FROM: Village Attorney Davis DATE: June 5, 2015 RE: Legal Update In conjunction with my Legal Update to be given at the June 18, 2015 PZAB' Meeting, I am providing you with the following highlights/bullet points, representing the most important and directly applicable items you each should keep in mind as you serve on the Planning and Zoning Board: 1. FORM OF GOVERNMENT a. PZAB is created by the Village Council and is a delegation of authority from the Village Council. It is established at Chapter 22, of the Village's Code of Ordinances. b. PZAB members are appointed by and serve at the pleasure of the Village Council. Members serve three year terms (alternate members serve two year terms). c. The Board itself selects one member to serve as the board's chair and another to serve as vice-chair. These appointments occur annually, in May. d. PZAB jurisdiction is divided into two categories — advisory and final. Advisory jurisdiction captures major site plan review, and certain sign code review. In addition, PZAB serves as the Village's Local Planning Agency and makes recommendations to the Village Council regarding comprehensive plan amendments and all land development ordinances. PZAB is vested with final authority over minor site plan reviews and modifications, and certain sign code applications. e. With very recent action taken by the Village Council, PZAB will now be vested with final decision-making authority over variance applications on R-1A and R-1 properties, as well as administrative appeals of staff decisions related to such properties. f. Due to the increase in final decision-making authority, the board's name is being changed to "Planning and Zoning Board." 2. SUNSHINE LAW a. Meetings of PZAB members where official action or discussion about official action takes place must be open to the public, noticed, and recorded via minutes. b. PZAB members may not discuss any matter on which foreseeable action will be taken by the board, except in a public, noticed and recorded Sunshine meeting. c. Knowing and intentional violation carries criminal penalties. d. Sunshine law does not apply to Director of Community Development, the Building Official or Attorney. Thus, any one PZAB member may have private discussions with these persons at any time. e. One way communication from one PZAB member to all others (via e-mail or written memo for example) does not violate Sunshine Law requirements. However, if interaction/discussion/response ensues, then there would be a violation. 3. PUBLIC RECORDS a. Any document, regardless of inedium within which it is created, made or received in connection with Village business, is a public record. Pianning & Zoning Board MEETING MINUTES June 18, 2015 Page 5 of 5 b. Includes e-mail, text messages, and social media messages. c. If created on your personal e-mail, you are responsible for maintaining the document pursuant to state records retention guidelines. Avoid text messages and avoid using social media for Village related matters. d. Knowing violations carry criminal penalties. 4. QUASI JUDICIAL PROCEEDINGS a. PZAB site plan reviews, whether advisory or final in nature, as well as review of variance applications are quasi-judicial in nature. All quasi-judicial proceedings involve the application of codified criteria to an application or request. These matters are handled at publicly noticed hearings and decisions are to be based on the evidence received at such hearing. i. Site plan related criteria are found at Sec. 22-81 — 22-85. ii. Variance related criteria are found at Sec. 78-65. b. Conditions of Approval may be imposed on quasi-judicial requests; however, any condition must be reasonably related to the request being made and must be proportional to the request being made. Violation of this concept can, under recent case law, expose the Village to takings claims. c. LPA hearings are not quasi-judicial. Rather, LPA review is considered legislative action. 5. GIFTS a. Any gift from a vendor or lobbyist with annuaf aggregate value that exceeds $100.00 is prohibited. b. Otherwise, any gifts valued at $100.00 or more must be reported to the state (with a copy to the county) quarterly. Gifts from relatives are exempt from this reporting requirement. 6. VOTING CONFLICTS a. Any item before PZAB for action that would result in a special personal financial benefit or loss, or a special financial benefit or loss to family member or spouse, or principal or business associate. "Special" means that it is a benefit or loss that exceeds that which the generally affected population would enjoy or suffer. b. The affected PZAB member must abstain from participation and voting, must disclose the nature of the conflict, and must complete a voting conflict form which gets appended to meeting minutes. ' Second reading of an ordinance that will change PZAB'S name to "Planning and Zoning Board" is scheduled for June 11, 2015. As of the date of this Memorandum, that ordinance has not formally been adopted. For that reason, and for the sake of familiarity with the old acronym, I wi{I refer to the Board as "PZAB" throughout this Memorandum.