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HomeMy WebLinkAboutMinutes_Special Meeting_01/18/1996VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 SPECIAL MEETING MINLTrI'ES OF 1~ VILLAGE OF TEQUESTA VILLAGE COUNCIL AND COMMUNITY APPEARANCE BOARD JANUARY 18, 1996 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a special joint meeting with the Community Appearance Board at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Thursday, January 18, 1996. The meeting was called to order at 7:02 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, Recording Secretary. Councilmembers present were: Mayor Ron T. Mackail, Vice Mayor William E. Burckart, Elizabeth A. Schauer, Carl C. Hansen, and Joseph N. Capretta. Community Appearance Board members present were: Vice Chair Vic Strahan, Paul Coben, Claudette Dalack, Alternate Molly McCormick, and Alternate Marcia Nielson. Chair Leslie Cook arrived at 7:05 P.M. Boardmember Steve Parker was absent from the meeting. Also in attendance were: Village Manager Thomas G. Bradford, Village Attorney John C. Randolph, Village Clerk Joann Manganiello, and Department Heads. II. APPROVAL OF AGENDA Councilmember Hansen made a motion to approve the Agenda as submitted. Vice Mayor Burckart seconded the motion. The ,, vote on the motion was: Kecycled I'nrer VILLAGE COUNCIL „,a SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 2 ---------------- Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Joseph N. Capretta - for The motion was therefore passed and adopted and the Agenda was approved as submitted. Mayor Mackail reviewed the procedure which would be followed at this special meeting. Mayor Mackail requested that Village Attorney Randolph provide conflict of interest information since three members of the Village Council were members of the Tequesta Country Club, which would be the subject of the Special Exception Use Public Hearing, the Site Plan Review, and review by the Community Appearance Board. Village Attorney Randolph explained that the rule relating to conflict of interest stated that a municipal official should not vote on a matter which would inure to the special private gain of that individual, and the determination of conflict was up to the individual. Normally, simply being a member of a club would not necessarily mean that a conflict of interest would exist, particularly a large club with many members. If the gain would inure to the benefit of many people and the individual did not have a special private gain, then an individual Village Councilmember would not have a conflict of interest. Village Attorney Randolph stated that if a member of the Village Council was on the Board of Directors of the Tequesta Country Club and may have voted in favor of moving forward with the application presented tonight, then he recommended that the Councilmember declare a conflict of interest and recuse themself. Councilmember Capretta stated he was a member of the Board of Directors and would think about it. Mayor Mackail stated there were approximately 500 members of the club. III. SPECIAL EXCEPTION USE PUBLIC HEARING FOR PROPOSED TENNIS COURT ADDITION BY TEQUESTA COUNTRY CLUB, 201 COUNTRY CLUB DRIVE. RANDY HANSEN, ALA, INTERPLAN, INC., AGENT FOR TEQUESTA COUNTRY CLUB, OWNER. ~,.,. VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 3 ---------------- Randy Hansen, agent for Tequesta Country Club, explained that their request was for a special exception for an additional tennis court in the same location as the current court, which was a permitted use but was in a ROP zone and therefore required the special exception process. Mr. Hansen explained that Tequesta Country Club had previously received a variance from the Board of Adjustment for the fence height of 12 feet. Mr. Hansen commented that the plan was to move existing landscaping forward toward the road to accommodate the new court and additional landscaping would be added to basically encircle the courts with landscaping. The tennis courts would be almost completely obscured by landscaping. Village Manager Bradford commented that Tequesta Country Club had previously sought variances from the Board of Adjustment to do what was proposed tonight, which had been denied except for a variance to extend the structure and fencing roadward of the front face of the building and a variance to provide a fence of up to 12 feet in height. Subsequent to that, the Village had adopted Ordinances which allowed for a change in the measurement of the setback requirement within the 15-foot easement on each side of the road. Therefore, the measurement criteria now allowed the tennis court setback of roughly ten feet from the property line, compared to the previous 25-foot setback. The reason for the new measurement criteria was to allow buildings and structures to be closer to the roadway with the intent over time of heavily landscaping to provide for a slower traffic pattern on Country Club Drive. Village Attorney Randolph commented that if the Village Council was considering approval that their motion should include a statement that the criteria within the Special Exception Ordinance had been met, and if they were considering denial the reasons for denial should be stated in their motion. Vice Mayor Burckart stated that this request met the special exception criteria and was exactly what the Village Council wanted to do along Country Club Drive. Councilmember Hansen agreed, and stated this fell into line with the Council's desire to bring landscaping closer to lessen traffic. Mayor VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 4 Mackail stated this should assure all residents on Country Club Drive that the road would remain two lanes. Mayor Mackail verified with those individuals who had signed cards to speak that their comments were directed toward other agenda items. Councilmember Hansen made a motion to approve the Special Exception Use under Public Hearing for the proposed tennis court addition on Country Club Drive by Tequesta Country Club. Motion was seconded by Vice Mayor Burckart. Village Attorney Randolph advised that since this was a public hearing that a call should be made for any members of the public who wished to speak. Dottie Campbell, 4 Tradewinds Circle, stated that this applicant had paid a $1,000 fee to have everything done at this meeting and suggested members of the audience pay $10 to be able to make comments to all agenda items at one time, since it was difficult to determine which agenda item to which their comments would be appropriate. Village Attorney Randolph advised that any comments to any agenda item could be made at this time, since for example, comments in regard to the site plan could overlap into special exception criteria. Ms. Campbell stated that she was a member of the Tequesta Country Club and also lived across the street from the proposed change. Ms. Campbell questioned the $1,000 fee, and was told that the normal procedure would cost $1, 000 less. Ms. Campbell then stated that her protest was with her club for frivolously spending $1,000. Ms. Campbell questioned whether this court would ever be lighted and was told it could not be lighted without another application and again going through the whole approval process. Ms. Campbell inquired as to hours of use to which the response was that they were unknown. Ms. Campbell received negative responses to her questions whether there would be a tennis pro and classes. Ms. Campbell's question regarding whether there would be competition was answered that there might be competition. Ms. Campbell questioned whether provision for VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 5 ---------------- parking had been made. Councilmember Capretta responded they would park in the parking lot . Ms . Campbell stated that a sound buffer was needed. Randy Hansen commented that windscreens would be added on the side facing Country Club Drive and the use of mature landscaping would hopefully buffer sound. Ms. Campbell questioned Building Official Ladd's comment in a memo to the Village Manager wherein he had stated that the use appeared to be compatible with adjacent development and character of the zoning district where it is to be Located. Village Manager Bradford explained that the compatible use referred to was the recreation open space zoning district in which the Country Club was located. Ms. Campbell stated that she objected to lights, competition, and sound; and that she believed the tennis courts could be placed in another location. Betty Nagy, 4 Shay Place, questioned who owned the property next to the pavement along Country Club Drive and whether residents would pay taxes on it. Village Manager Bradford explained that the tennis courts were located on land owned by the Country Club, and that discussions had been held at past meetings to possibly abandon the 15 feet on either side of the right-of-way to the adjacent property owners-- however, that had not been pursued because of additional taxation. The 15 feet on either side of the right-of-way had instead been declared a restrictive easement which precluded that 15 feet from being used for roadway purposes, and it was still maintained by the Village. Richard Berube, 4 Country Club Circle, explained that his home faced the tennis court, and that with the reduction of traffic noise on Country Club Drive that the noise from the tennis court could be heard more clearly. Mr. Berube stated that noise abatement was needed, and that he did not believe windscreens would help very much. Since his bedroom faced the road, he was very concerned with the noise, and requested that the Country Club consider a solid wall of some type. Mr. Berube questioned whether any Councilmembers had a conflict of interest, to which Mayor Mackail responded with an explanation of the comments made at the beginning of °~ VILLAGE COUNCIL ,,~,,~,. SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 6 ---------------- the meeting before Mr. Berube had arrived. Mr. Berube stated he was not concerned with conflict of interest but believed it should be made public. Leslie Cook commented that perhaps Mr. Berube should appeal to the Country Club to place extra landscaping on Mr. Berube's property. Mr. Berube responded that his property was in the process of being landscaped according to a plan which did not include foliage provided by the Country Club. Todd Miller, Golf Course Superintendent of Tequesta Country Club, commented that the windscreens would be added and would help some with the noise problem, and also that the new courts would be soft clay instead of the current asphalt which would substantially reduce noise. Rita Ring, 178 Country Club Drive, explained that her home was across the street from the tennis courts and her front `~ yard was completely covered with foliage and it was still quite noisy. Ms. Ring expressed concern that moving the tennis courts closer to the road would increase the noise, and stated that all of the property owners who lived in the houses across the street from the tennis courts were present at the meeting and that all shared the same fears. Ms. Ring also expressed concern that tennis balls would be landing on the. roadway. Ms. Ring stated that she objected to the location of the tennis courts, and believed that other locations were available. Tim Goldsbury, 20 Tradewinds Circle, stated that he was President of the Country Club Point Property Association and that five of their homes were located in close proximity to the tennis courts. Mr. Goldsbury commented that Building Official Scott Ladd's memo stated there appeared to be adequate landscaping, and questioned whether someone with a professional background had been consulted to determine whether the landscaping was in fact adequate to provide maximum sound abatement. Mr. Goldsbury suggested that multi-level landscaping might provide further sound abatement. Village Manager Bradford explained that Mr. Ladd was not a professional landscape architect but was a """"° professional building official charged with administering ~..- VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 7 ---------------- the zoning ordinance, and had expressed his opinion based on his experience and relative to the Village Code. Randy Hansen explained that the existing landscaping was, in fact, multilevel; and that any trees beyond the height of 12-foot clear trunks would be ineffective in terms of sound abatement. Mr. Hansen explained that the Country Club had investigated other locations on their property in which to locate the tennis courts, and had found that the only possible location would require moving the maintenance building to the location of the present court. Mayor Mackail inquired whether Mr. Hansen would consider investigating a wall and additional buffering. Mr. Hansen responded that he had never seen a tennis court with a solid wall and did not know if it would affect play. Mayor Mackail stated that he was referring to a solid wall placed between the tennis court fence and the landscaping. Mr. Hansen explained that he did not believe that would affect the sound. Mr. Herube objected to the statement that maintenance sheds could be placed in front of his house. Mr. Berube recommended that a professional be consulted to provide an opinion and asked the Village Council to be sensitive to this problem. Mr. Berube stated that the Country Club owned many acres but could not find another location other than in front of his bedroom window, and asked the Village Council to be considerate of that. Charles Frankenthal, Chairman of the Tennis Committee of Tequesta Country Club, commented that the tennis court surface would be changed to clay which would be quieter. Mr. Berube explained that the noise which was a problem resulted from the ball hitting against the strings of a racquet. Frank Hall, 159 Country Club Drive, commented that the ceiling in the Council chambers had air pockets, and that concept might be used by placing two rows of shrubbery with air space in between to help deaden sound, but stated that an expert was needed to determine the proper distance between the two lines of shrubs. VILLAGE COUNCIL SPECIAS. MEETING MINUTES JANUARY 18, 1996 PAGE 8 ---------------- Councilmember Schauer suggested a berm. Randy Hansen responded that he believed a berm would affect the drainage in that area, and a 4-foot berm would not be effective in reducing the projection of sound. Mr. Hansen stated he had had a lot of acoustical experience and believed that the only way to totally stop the sound would be a completely enclosed building. Mr. Hansen commented that tennis play would only be during daytime hours. Mayor Mackail questioned whether the motion stood as made by Councilmember Hansen and seconded by Vice Mayor Burckart. Village Attorney Randolph asked whether the motion included a finding that the standards set forth in the ordinance had been satisfactorily met. Councilmember Hansen replied that the motion was based on the criteria of the seven points in the ordinance. Village Randolph stated that one of the criteria was that nuisance factors detrimental to adjacent and nearby properties and the Village as a whole have been met, and nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, etc., and that he wanted to make sure that had been included. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - abstain The motion was therefore passed and adopted. IV. SITE PLAN REVIEW FOR PROPOSED TENNIS COURT ADDITION, TEQUESTA COUNTRY CLUB, 201 COUNTRY CLUB DRIVE. RANDY HANSEN, AIA, INTERPLAN, INC., AGENT FOR TEQUESTA COUNTRY CLUB, OWNER. Randy Hansen requested approval of the site plan as presented. Hearing no comments from the public or the Village Council, Mayor Mackail called for a motion. VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 9 ---------------- Vice Mayor Burckart made a motion to approve the site plan subject to the following: 1) No loudspeakers shall be used in match play; 2) There shall be no lights or night time use; 3) An attempt shall be made to create a berm, whether 1, 2, or 3 feet; 4) Consideration shall be given to the fence to determine whether there is a way to make it more soundproof where it faces Country Club Drive, whether that be with a different type of material, using windstrips, etc., not to be enclosed on four sides which would create an echo effect, but if there is a way to go from a vinyl to something that will help deaden the sound; 5) Additional mature plants shall be used in addition to those shown on the site plan to increase landscaping, along with the berm. Motion was seconded by Councilmember Schauer. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Carl C. Hansen - for Elizabeth A. Schauer - for Joseph N. Capretta - abstain The motion was therefore passed and adopted. V. COMMUNITY APPEARANCE BOARD REVIEW OF AN APPLICATION FROM TEQLJESTA COUNTRY CLUB, 201 COUNTRY CLUB DRIVE, RANDY HANSEN, AIA, INTERPLAN, INC., AGENT FOR OWNER. Mayor Mackail turned the meeting over to Community Appearance Board Chair Leslie Cook. Vice Chair Vic Strahan commented that moving existing landscaping had not been successful in other developments within the Village since many of the plants did not survive; and requested an additional row of plantings similar in height to the Ligustrum trees in the back to achieve a deadening area in between the two rows of plants and also to VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 10 ---------------- visually enhance the landscaping. Randy Hansen responded that additional plantings would be added to try to deaden sound, and that any plants which did not survive would be replaced with the same type and size plants. Chair Leslie Cook questioned the absence of additional trees as agreed to in order to comply with Ordinance 377. Mr. Hansen explained that those trees were in another location near the parking lot. In response to a suggestion to place a few canopy trees just inside the line of Ligustrums as close as possible to the fence, Mr. Hansen explained that canopy trees would create a visual obstruction which would interfere with play, and suggested they be placed nearer to Country Club Drive. Mr. Hansen also explained that sound dispersed in all directions and the problem was not the sound going up, however, that upward sound could bounce off a tree canopy and create a higher noise level. Mr. Hansen commented that plant density would be increased. Boardmember Coben requested that investigation be made into sound deadening fencing materials, which Mr. Hansen agreed to do. Mr. Miller verified that the Thryallis hedge would be replaced instead of transplanted, pointed out that the existing landscaping was multilevel, and explained that additional trees would not blend in because there was not enough room for them. Comments by the Board included a suggestion that Simpson Stopper be used behind the Thryallis and before the Ligustrum. Boardmember Coben made a motion to approve the application with the understanding that there would be a very serious attempt to increase density of landscaping in accordance with the discussion at this meeting and that an extra row of plantings would be added between the Thryallis and the Ligustrum. Vice Chair Strahan seconded the motion, which carried by unanimous vote. The motion was therefore passed and adopted. VI. ANY OTHER MATTERS VILLAGE COUNCIL SPECIAL MEETING MINUTES JANUARY 18, 1996 PAGE 11 ---------------- There were no other matters to come before the Village Council. VII. COMMUNICATIONS FROM CITIZENS There were no further communications from citizens. VIII. ADJOURNMENT Vice Mayor Burckart moved that the meeting be adjourned. Councilmember Hansen seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Carl C. Hansen - for Elizabeth Schauer - for Joseph N. Capretta - for the motion was therefore passed and adopted and the meeting was adjourned at 8:07 P.M. Respectfully submitted, a~~~2./ ~~Q O ~ Betty Laur Recording Secretary ATTEST: .~ J anr~. Mangani llo Village Clerk DATE APPROVED; ,~ ~ 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS .ST NAME-FIRST NAME-`"""" ~ ~~-~•~ - NAME OF [~OARQ COUNCIL, COMMISSION, AUTHORITY, OR COMM TTEE THE BQARQ COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ON WHI ' I SERVE IS A UNIT OF: CITY COUNTY ~ OTHER LOCAL AGENCY NAME~OF~POUTICAL SUBDIVISIQN: MY POSI1"ION IS: ~:AIUNG AUUICESS /~ zS7~ ~ v~s~.¢ ~lt?c e~ CITY COUNTY DATE ON N IC H VOTE OC C URREU VE ~ APPOINTIVE WHO MUST FILE FORM 8R This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. !t applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law arc mandatory; although the use of this particular form is not required by law, you arc encouraged to use it in making the disclosure required by law. Your responsibilities under the law• when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN 13 DAYS AFTER TH): VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: I: You should complete and file this form (before making any attempt to influence the decision) with the person responsible for 'v„rrecording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency, • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. I t~K\I NH I(1-NIS IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within IS days after the vote occurs with~the person responsible for recording~the mind of the meeting, who should incorporate the form in the minutes. ~DISCLOSU E OF STATE OFFICER'S INTERE 1, ,~ , TiEreby disclose that on ~ ~ /~ 19 (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: ~~ ~~ ~~~ ~i . ~~ v ~~ ~e ~--- ~~ .. Date Filed d/~~ /~? NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~I12.317 (1985), A FAILURE TO MAKE ANY REQUIRE~'~ DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION !N SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED SS,000. CE FORM 8B filO~K PAGE 2