Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 02C_10/11/2007MEMORANDUM TO: Michael R. Couzzo, Jr., Village Manager FROM: Catherine A. Harding, Community Development Director Jj DATE: October 5, 2007 -, SUB JECT: Bond for Cornerst ~; .~ Schedule "A" (Exhibit B) was an attachment to the Bond Agreement that was being developed between Cornerstone Development and the Village of Tequesta. The remaining items on Exhibit B are: 1) Restoration of the Scrub Jay Habitat and approval by the Fish and Wildlife Authorities 7) Plant Sable Palms along R.O.W. on Alt. AIA and Village Blvd. 8) Provide Certification that all improvements are completed in accordance with approved plans. (Record Plan) ,___.~__~ ~'1P P ~'~'7YPP ~Zl 1}~r CZ_i _~YvT~rPY1YP~C ~t t~/177Y1=~~I~~ l~P~_~__ _~,Rp ~'hV Yi31t2a~iYiY`tg'ZS~uV~. -,.___.~_<,,.~..__... Attachment. CAH/mk ~/ /~ i ~~~ Exhibt B 1. Restoration of the Scrub Jay Habitat and approval of same by the Fish and Wildlife governmental authorities. List of Required Improvements for the Preserve 2. Completion of fencing around perimeter of Parcel 1 and 2. (including green fencing along northern border at the Water Plant) 3. Complete grading and seeding of detention basin to stabilize area. Currently in violation of Chapter 14, Article 1, Sec. 14-3 4. Install sprinklers and sod along the ROW on Village Blvd. and Alt. AIA. 5. Repair /replace any broken sidewalks. 6. Install proper aprons across both driveways to allow the flow of water in drainage swales, in accordance with the driveway permit. (protect sprinklers in driveway to prevent additional leaks). Clear roadway leading to the adjacent property for F.D. access. 8. Provide certification that all improvements are completed in accordance with the approved plans. Further, pay the cost of the Village engineer to certify that all improvements are completed in compliance with the Village ordinances and the approved plans. r. 9. Secure sign-off from the Fire Department, Public Works, that all work performed meets with the standards approved in the original site plan approval. 10. Clear all debris from the site and landscape the areas surrounding the fence and entranceway and the Pool House/Recreation Center. (submit plan for prior approval). 11. All items on list presented by Preserve to Village Council at January 2007 Village Council Meeting. Minutes -Village Council Regular Meeting 1/11/07 Page 4 would come to the Village to train the officers, for which there would be no extra charge. Vice Mayor Paterno asked about running tags using cameras to hook up to the software. Chief McCollom advised that cameras would hook up to this software but that was a different company which would not supply that here. Advanced Public Safety worked with Motorola in California and Texas, and would supply Motorola equipment. V. STANDING REPORTS VH.LAGE ATTORNEY Village Attorney Hawkins indicated he had nothing to report. VILLAGE MANAGER The Village Manager advised he had nothing to report. VI. UNFINISHED BUSINESS 3. RESOLUTION 22-06/07 - A Resolution of the Village Council of the Village of Tequesta, Florida, approving the Final Plat Plan for The Preserve of Tequesta, formerly known as The Crossings. Attorney Hawkins Resolution 22-06/07 for the record. Mr. Passeo, on behalf of the applicant, Cornerstone, summarized that they requested a final site approval at the last December 14, 2006 meeting, but Council had significant concerns about the existing three story building on that property. He stated Cornerstone, wanted to offer solutions to remedy those concerns. He referred to the green highlighted area on the plan, which was the nursing home; and pointed out the pink and orange represented tracts owned by Cornerstone. He explained Cornerstone with the nursing home, submitted a proposal to re-plat the land. He stated they were requesting that the Preliminary Plat approval become final. Mr. Passeo mentioned the concern of Council, and informed them that Cornerstone would clean the construction debris from the area, complete the fence along Dixie Highway and Village Boulevard, finish grading around the fence, sod the area, landscape the adjacent fence, irrigate the area, and put Sable Palms in the public row when the permits were issued. He indicated they would submit a progress report to Council every 90 days; and Cornerstone would put up a $100,000 bond to secure the obligations, and the commitments they were stating. 4 Minutes -Village Council Regular Meeting 1/11/07 Page 5 Mr. Passeo hoped this would alleviate the concerns of Council, so that this project could move forward. Vice Mayor Paterno stated his concern still had not been addressed. He specified his concern was the existing building, which had not been mentioned. Council Member Watkins stated she assumed the fence encompassed the front of the building and beyond. Mr. Passeo specified the fence would go around the entire site. Council Member Watkins stated they were concerned about the existing three story building. Mr. Passeo explained there was a contract that they had delivered to Council, which stated, Cornerstone would deliver the property to the buyers under the condition that they received approval for the Plat. Mr. Passeo did not think the buyers would invest millions of dollars in the project for the purpose of looking at it. He believed they would use their best efforts to finish construction. He pointed out the contract was subject to Cornerstone delivering a valid subdivided piece of land. Council Member Watkins reiterated her previous comments that the building has been a concern of the residents for a long time. She commented she liked the idea of it being a residential community; and hoped they would move forward. She stated she could not imagine the buyers did not intend to do anything with it. She was glad that someone wanted to do something with that building, given the circumstances of the market. Mr. Passeo stated they needed to go step by step. He explained the Village's Code required the subdivisions to be done first before a building permit was issued. Council Member Genco asked how they planned to handle the Plat. She pointed out both pieces were in the name of Cornerstone. She explained there was one plat for both parcels, under one title. Mr. Passeo stated in April, Cornerstone requested that they receive a Plat approval to divide the land into various parts. He stated Council gave them a temporary Plat approval. Council Member Genco stated no, and clarified Council gave Cornerstone a Site Plan approval. Mr. Passeo specified the Site Plan approval was done in 2005. He stated in 2006, they requested a Preliminary Plat approval. Council Member Genco stated they gave them an approval for the entire parcel, and not for two phases. Mr. Passeo stated the Site Plan approval granted in 2005 was for the various buildings being built on the north side, as well as, for the minor changes that were being done to the existing building. He explained in early 2006, they requested the Preliminary Plat approval. Council Member Genco stated under one title, which was the title of Cornerstone. Mr. Passeo stated Council Member Genco was correct; however the Plat approval which had various different parcels, was approved. Council Member Genco stated that was the Home Owner's Association. She explained the individual parcels were included in a document that they cover under the plat approval. She explained now they were looking at all the parcels, which they wanted to do in two phases. She pointed out the original development Minutes -Village Council Regular Meeting 1/11/07 Page 6 did not address having two phases, nor did it address having separate plats. Mr. Passeo pointed out the Preliminary Plat had the exact same parcels they see here. He stated there were no changes. Council Member Genco stated that was the Site Plan. Mr. Passeo stated the Site Plan was a different issue. Council Member Genco specified the architecture, design, and engineering, were all in the Site Development Plan; she stated the Plat was a separate issue. She explained it was a property title issue, and pointed out Cornerstone was conveying the property for a purpose to someone else, but Cornerstone was the only applicant present. She stated Council was giving approval to an applicant that they had no jurisdiction over; and that was the problem. She asked how Council could give approval to someone they did not have jurisdiction over. Attorney Hawkins thought that was not the situation. He stated the situation was that one applicant owned the pink bordered area and the orange bordered area, which were owned by Cornerstone. He stated they were there seeking the approval of the re-plat; and if approved, it would result in the parcels being delineated on the re-plat. He explained if the re-plat was approved in Apri12006, Council would have parcels broken up, and the applicant would transfer the title to the third party buyer, which he believed to be the Philadelphia Group. He explained this sequence would lead to a sale. Attorney Hawkins pointed out, it was not that Council had no applicant before them tonight; it was that they had one applicant before them. Council Member Genco clarified the applicant was Cornerstone. She verified when Cornerstone conveyed the property to the buyer, Philadelphia Group, they would have to come back for a Site Plan approval. Attorney Hawkins stated Council Member Genco was absolutely right. She noted under a PRP, it should have been done under a Unity of Title. She pointed out the Village did not get a Unity of Title, which was apart of the development requirement for the application. She stated Cornerstone did not get an exemption for the Unity of Title requirement. She mentioned that was why she was asking these questions. She stated if they had, they would be in a different situation right now; but Council did not grant the applicant an exemption from that. Council Member Genco stated the Site Plan did not provide for two phases. Mr. Passeo stated when the applicant went before Council with the Site Plan in 2005, there was a Unity of Title, and Council requested that the Unity of Title be released. He stated it was a document executed by the Mayor at the time. Council Member Genco recalled she asked for that document two times in the last two months, and had she been provided with that, it would have answered the questions brought forth tonight. Attorney Hawkins stated they received it today. He explained in May 2005, there was an agreement approved by Mayor Watkins waiving the Unity of Title. 6 Minutes -Village Council Regular Meeting 1/11/07 Page 7 Council Member Genco stated she was not questioning the existence of the document, and stated if she was given that document, the question would have been answered. She stated that might have been a meeting she missed, because she did not recall this. She asked if there was a meeting. Attorney Hawkins stated in 2005, there was a meeting. Council Member Genco stated the buyers should understand they had to come in for a Site Plan approval. She stated she was amazed that the document was not provided. Mayor Humpage stated they appreciated the fact Cornerstone set a bond in place. MOTION: Council Member Genco moved to approve Resolution 22-06/07; Council Member Watkins seconded the approval; motion passed 4-0. 4. RESOLUTION 32-06/07 - A Resolution of the Village Council of the Village of Tequesta, Falm Beach County, Florida, Declaring Seat 5 of the Village Council to be constructively vacant and placing it on the Ballot for the March 2007 General Election of the Village of Tequesta and authorizing the Village Manager to disseminate to potential candidates the election materials described herein. Attorney Hawkins read the title of Resolution 32-06/07 into the record. Mayor Humpage asked Attorney Hawkins if the Whereas Clauses needed to be read into the record. Attorney Hawkins stated the title was sufficient. Mayor Humpage read Resolution 32-06/07 into the record in its entirety for the understanding of the residents. MOTION: Council Member Genco moved to approve Resolution 32-06/07; Council Member Watkins seconded the motion. Council Member Watkins commented that this was discussed at the last meeting, and Council was initially hesitant because of the possibility that the courts would frown on it. She stated the Village has made every effort to make it clear to anyone interested in being seated, the parameters under which they would be seated. She specified it was subject to the Court's decision. She stated whoever wrote the resolution, made the guidelines under which anyone would be running very clear, and commended the Attorney for doing an excellent job. She thought they needed to do everything possible to fill the seat for the sake of the residents. Council Member Watkins explained this would enable Council to get the Village business done, and thought it was the best thing. She stated she was glad Mr. Dalack's Attorney was advised, and was well aware of what the Village was doing. She stated they made every reasonable effort to do this fairly under the circumstances. Council Member Genco announced she was tendering her resignation as of the 30~' of January 2007. She explained the reason she asked for the information on a special election back in November 2006, was because she needed to know what to do. She explained she wanted to do it in an orderly fashion, because that way they 7