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HomeMy WebLinkAboutMinutes_Special Meeting_05/02/1994VILLAGE OF TEQUESTA Post Office Box 3273 357 Tequesta Drive Tequesta, Florida 33469-0273 (407) 575-6200 Fax: (407) 575-6203 VILLAGE OF TEQUESTA VILLAGE COUNCIL SPECIAL MEETING MINUTES MAY 2, 1994 I. CALL TO ORDER AND ROLL CALL The Tequesta Village Council held a Special Meeting at the Village Hall, 357 Tequesta Drive, Tequesta, Florida, on Monday, May 2, 1994. The meeting was called to order at 4:30 P.M. by Mayor Ron T. Mackail. A roll call was taken by Betty Laur, the Recording Secretary. Council members present were: Mayor Ron T. Mackail, Elizabeth A. Schauer, and Earl L. Collings. Joseph N. Capretta was absent from the meeting. Vice Mayor William E. Burckart arrived at 4:42 P.M. Also in attendance were: Village Manager Thomas G. Bradford, Village Clerk Joann Manganiello, and Deputy Building Official Steven Kennedy. II. APPROVAL OF AGENDA Councilmember Collings moved that the Agenda be approved as submitted. Councilmember Schauer seconded the motion. The vote on the motion was: Ron T. Mackail - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted and the Agenda was approved as submitted. III. CONTINUATION OF CONSIDERATION OF APPLICATION FOR SITE PLAN REVIEW FROM JUPITER ISLAND CORPORATION FOR THE CONSTRUCTION OF AN EIGHT STORY MOLTI-FAMILY RESIDENTIAL BUILDING (PHASE I) TO BE KNOWN AS CLIVEDEN, 425 BEACH ROAD. (R. MASON SIMPSON, AGENT) ,~, Mayor Mackail introduced the continuation of this application by giving a recap of the events concerning this Recucled Patter Village Council Special Meeting Minutes May 2, 1994 Page 2 ------------------------ application from the Village Council Meeting of Thursday, April 28, 1994. Mr. Ken Meinken as representative for 325, 375, 350 and 400 Beach Road condominium residents, had stated at that meeting that the residents he represented had no objection to the application by Mr. Simpson for site plan approval for Phase I. Mr. Kenneth Meinken stated he resides at 375 Beach Road, and is President of the LaMar Condominium Association, and also represents three other buildings: 325, 350 and 400 Beach Road, or a total of approximately 125 residents. He stated the residents had discussed the Thursday, April 28, 1994 meeting over the weekend and remained in concert with regard to their opinion of the site plan Mr. Simpson presented at the April 28 meeting which was referred to as Phase I. They have no objection to Phase I and are in total agreement with its parameters, and have not changed their direction. Mr. Simpson had referred to the project and the product that it represents on Thursday night as an "inferior product" compared to the first draft he had made at the January 17 meeting. Councilmember Schauer questioned Mr. Meinken as to whether the residents still liked the open parking and the concrete wall; Mr. Meinken replied they had no objection to the Phase I Site Plan. In response to Councilmember Collings' question as to why there was a suit against the Village, Mayor Mackail stated he believed the suit stemmed from the January 17, 1994 meeting regarding the variances granted by the Board of Adjustment in reference to Mr. Simpson's development, and the concern from Beach Road residents that they were not allowed sufficient time from their receipt of information to respond to what their concerns were towards the project. Mr. Meinken stated the suit was originally filed because of the residents' disturbance over the fact that the Board of Adjustment approved three major zoning variances relating to setbacks. The residents have no objections to the present site plan for Phase I since no variances were needed. Their lawsuit remains and applies only to Phase II, which is the five townhouse project. Vice Mayor Burckart asked whether the residents would have a problem if the building were higher. Mr. Meinken replied Village Council Special Meeting Minutes May 2, 1994 Page 3 ------------------------------- stated the residents objected to any building on that property that would be taller than the existing LaMar condominium building. Vice Mayor Burckart was concerned that a problem would still have to be faced when the Phase II portion of this project would be brought before the Council. He felt that the first site plan developed by Mr. Simpson would be a better plan with a nicer building which would elevate real estate values for the neighboring residents. He stated he had no problem with the plan as submitted, but felt the Village would still have to spend a lot of money defending the lawsuit, and regardless of who won or lost, this issue would still be before the Council. Mr. Meinken suggested the second parcel of land be used for parking garages instead of for townhouses. Philipe Jeck, Attorney with Jeck, Harris, Jones and Kaufman, representing Jupiter Island Corporation and R. Mason Simpson, Agent for the Divosta family, owners of the ---- property at 425 Beach Road, stated they had submitted a site plan which meets all zoning requirements and are prepared to build that plan if approved. He stated Council's approval of Phase I as presented would not change the lawsuit. The site plan presented is something that Mr. Simpson feels he has been forced to do since the other plans require variances and therefore could not be built until the lawsuit was settled. Mr. Simpson felt he could not wait until that happened. Therefore the matter before the Council at this meeting is whether to approve the Site Plan as submitted. However, the developer felt obligated to point out there may be an opportunity to do something that is better than the site plan before the Council, which would be something more related in design to the settlement plan, which was the plan which called for no townhomes, covered parking in the north parcel, and an 11-story building. The suggestion to achieve this better plan would be an amendment to the Zoning Code to that zoning district so that variances would not be required to achieve what they believe to be a better project. This would render the lawsuit moot. This proposal was offered as a suggestion of a way to have a better plan and of solving the problem of the lawsuit; however, if this proposal would result in the developer not being able to build in a timely fashion, the developer would prefer to move forward with the present site plan as presented to the Council at this meeting. Attorney Jeck said he believed the purpose of ;`"`"' this meeting was to see if there is a middle alternative Village Council Special Meeting Minutes May 2, 1994 Page 4 ------------------------------- that has not yet been considered that would be satisfactory to the residents, the developer, and the Village. Councilmember Collings questioned Attorney Jeck as to what would happen if the Council did not approve the Site Plan for Phase I. Attorney Jeck replied they would either appeal the decision on the grounds it had been disapproved contrary to the requirements of the law, or would appeal and simultaneously try to convince the Village to amend the zoning code as he had previously suggested. Councilmember Schauer posed the hypothetical question that if the Council approves Phase I, and if the Judge rules in the Developer's favor, would the Developer come back before the Council for an amendment to the Site Plan? Attorney Jeck replied that the Developer would come back before the Council for an amendment to the Site Plan in this situation if he had not started construction of the building at that time. Patrick Sullivan, 400 Beach Road, stated he had called for a point of order since he objected strenuously to matters being discussed that are not before the Council at this time and felt Vice Mayor Burckart's comments from his own point of view as a real estate broker were out of order. Mason Simpson, President of Jupiter Island Corporation, answered Mr. Meinken's solution of how to get rid of the parking on the west side by moving it to the second parcel. Since the unit count had been reduced from 46 dwelling units (14 on the north parcel and 32 on the south parcel) which were allowed at the time Mr. Divosta purchased the property, down to 22 for sale units, separate garages were not economically feasible. Mayor Mackail asked Mr. Simpson to explain how zoning had changed since Mr. Divosta purchased the land. Mr. Simpson replied Mr. Divosta had built the LaMar Condominium building of 32 units on 8 levels above a parking garage and had intended to build a similar building. Setbacks at that time for front and sides were approximately 20 feet regardless of building height. Now the front setback is 60 feet regardless of building height which means you cannot put even a one-story building within the 60 feet; side setbacks now require that building height be Village Council „~, Special Meeting Minutes May 2, 1994 Page 5 ------------------------------- incorporated within the formula so that for a building like Cliveden the side setback is 50 feet, which takes a tremendous amount of property. A further complication exists in the fact that Mr. Divosta deed restricted the back half of the property to preserve views for LaMar residents. Motion was made by Councilmember Schauer to approve the Site Plan of Phase I for Cliveden Development, as submitted. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for The motion was therefore passed and adopted. IV. COMMUNICATION FROM CITIZENS All comments the public were heard under Agenda Item III. V. ADJOURNMENT Councilmember Schauer moved that the meeting be adjourned. Councilmember Collings seconded the motion. The vote on the motion was: Ron T. Mackail - for William E. Burckart - for Elizabeth A. Schauer - for Earl L. Collings - for ~., Village Council Special Meeting Minutes May 2, 1994 Page 6 ------------------------------- The motion was therefore passed and adopted and the meeting was adjourned at 5:11 P.M. Respectfully submitted, Betty Laur Recording Secretary C`J ATTEST: J ann Mangani to Village Clerk DATE APPROVED: