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HomeMy WebLinkAboutMinutes_Special Meeting_12/18/1973MINUTF,S OF THE PUBLIC I~ARIldG OF THE COUNCILMEN OF THE VILLAGE OF TEQUESTA, FLORIDA ~ See Page ~ A Public Hearing was held by the Councilmen of the Village of Tequesta, Florida at ?:30 P.M., Tuesday, December 18, 1973 at the Village Hall. Councilmen present were Messrs: Russell, Frank, Leone, Little and Shay. Also present were Robert Harp, Village Manager, Christopher H. Cook, Village Attorney and Charles R. Jonas, Village Clerk. Mayor Russell opened the meeting by calling on Mr. Cook, Villa.~e Attorney, to discuss the legality of petitions of Karl A. Kand~11 Associates, Inc. for rezoning and annexation of certain propttrties. Mr. Cook related the information from his memorandum of December 13, 1973 sent to the Councilmen for study.' Mr. Cook stated that Mr. Karl Kandell had .legal contracts to buy ail land petitioned for rezoning and annexation before the date the petition was brought before the Village Council and Mr. Kandell has statements signed by each property owner to the effect that Karl A. Kaadell Associates, Inc. had and has had their authority to petition the land for rezoning and annexation. Mr. Kandell outlined his planned development of Seabrook .Pines. He stated the money-for the improvement of the road and bridge has been in the Martin County Road Commission for over a year • and hopes to have it started in early January, 1974. Ne stated the development would be comprised of SOO condomiaiium units and 64 single family homes with no home or condominium closer than 1?5 feet from the River, with a fence running along Seabrook Road to protect the children living there. Also he wanted to make one thing very clear to Council as well as the residents of Tequesta, the land is not for sale and the constriction of the develop~ent will be as shown and proposed from the first petition. Mr. Kandell read from his financial statement the total worth of Karl A. Kandell Associates, Inc. Mr. Kandell then presented a deed restriction and a check to cover the cost of recording same to Mr. Christopher H. Cook, Village Attorney, stating that the construction would be as presented. The holding ponds°on the development could take most of the run-off water from Tequesta Drive, Seabrook Road area of the Village of Tequesta at no cost to the Village. Mr. Cook stated the deed restriction-not only restricted Mr. Kandell but anyone who purchased the land and was valid-for twenty (20) years. Mr. William Wood objected to any further representation by1Kr. Cook as Village Attorney in Mr. Karl Kandell~s rezoning and annexation requests, stating that his (Mr. Cook's) legal firm represents Mr. George W. Offutt III. Also that Karl A. Kandell Associates, Inc. did not hold title to land or at least it was ~-t 'recorded as of December i3, 1973. With the development of Mr. Kandell's, the traffic problem, school, water, sewerage and utilities will have 12-18-73 - 2 greater usage and making less for the residents of Tequesta and it isn+t right to surround R-1 land with condominiums where single family homes were established long before Tequesta was chartered. Why isn+t the bridge and road completed, and even with a deed restric- tion presented by Mr. Kendall, he (Mr. Wood) feels that Mr, Kendall will not live up to his promises On COnstrtlCtl.pll ©f homes and condo- miniums, bridge and roads. Mr. Wood asked about recreation lease and after condomimiums were constructed would he, Mr. Kendall, or a condominium association be in charge, Mr. Kendall stated there was no discussion on recreation leases or a condominium association control after it was built but sometimes a condominiuQa association is stricter than the developer. As far as the bridge and road is concerned, Mr. Kendall stated that running north to south behind the Martin County Little Club is a road started and if no bridge is constructed it will dead-end at the River and be of no use whatsoever. Mr. Kendall stated, "Mr. Wood, if you want to help, help me get the bridge. The money has been there for over a year". Mr. Tatum asked Mr. Kendall if he owned a company in West Palm Beach by the same of A.L.P, Co. and what business it performed. (Answer - none). • Mr. Walter Skinner, President of the Tequesta Voters and Taxpayers Association stated that of the seventy (?©) members that attended. their last meeting the vote was nnanim0u3 that without a deed restriction from Karl A. Kendall Associates, Inc. they all were against the rezoning, but since Mr. Kendall has handed the deed restrictions to Mr. Cook, the Village Attorney, the vote is bound to change in Mr. Kendall+s favpr. About forty (40) percent of the Tequesta voters and taxpayers feel Mr. Kendall+s development is the best-for Tequesta... Councilman Leone reported that the traffic study by Karl A. Kendall Associates, Inc, was completed and all Councilmen have studied it before any decision was made on rezoning. Mr. LaBerdi of the Palm Beach Zoning Board represented Mr. Robert F. Culpepper, the County Co~nissioner, and would like the Council to consider the County Land-ITse Plan before rezoning. Mr. Culpepper hoped that all municipalities and the County would work together in all phases of zoning and he would recommend that the Council make the decision instead of a higher court. The people in the unincorporated area should be considered in this rezoning as well as the residents of Tequesta. The one item stressed most was the County Land-~Jse Plan and controlled growth. Councilman Leone stated that when the County Land Use • Plan was adopted in Aecember, 1972, no one from the County ever appeared before the Village Council to explain it, and now is a bad time to .start being concerned, 12-18-73 = 3 Councilman Little stated he was completely against spot rezoning and the way he feels this is eocactly what Karl A. Kandell Associates, Inc. is asking for. Mayor Russell asked Mr. Harp to give second reading to the three {3) ordinances pertaining to the Karl A. Kandell Associates Inc. petitions, one {1) ordinance at a time with a vote taken separately of each Councilman. Mr. Harp stated the legal notice for the second reading of the ordinances appeared in the Palm Beach Post on December 3, 1973. The Village Manager gave second reading by title only to as ordinance entitled = "An Ordinance of the Village of Tequesta, Florida, amending Ordinance No. 211 and the zoning map thereunder, to change the zoning classification of a parcel of land owned by Karl Kandell Associates Inc, from R-1 single-family dwelling classification to R-2 multiple-family dwelling classification". Motion by Frank, seconded by Leone that the second reading of the ordinance be approved. The vote on the motion was: Frank - For Little - Against Russell - For • Shay - For Leone - For and the motion was passed 4-1. The first reading of the ordinance having been approved November 30, 1973, Ordinance No, 215 was hereby passed and adopted on second reading. The Village Manager then gave second reading, by title only, to an ordinance entitled - "An ordinance of the Village of Tequesta, Florida, annexing a certain parcel of land to the territorial limits of the Village and zoning it R-2 after Public Hearing". Motion by Frank, seconded by Leone that the second reading of the ordinance be approved. The vote on the motion was: Leone - For Little - Against Russell. - For Shay - For Frank - For and the motion was passed 4-i. The first reading of the ordinance having been approved November 30, 1973, Ordinance No, 216 was hereby passed and adopted on second reading. I2-18-73 - 4 The Pillage Manager then gave second reading, by title only, to an ordinance entitled: "An ordinance of the ©illage of Tequesta, Florida annexing a certain parcel of land to the territorial limits of the Pillage of Tequesta and coning it R-1 after Public Hearing". Motion by Leone, seconded by Little that the second reading of the ordinance be approved. The vote on the motion was: Shay Frank Leone Little Russell - For - For - For - For - For and the motion was passed unanimously. The first reading of the ordinance having been approved November 30, 1973, Ordinance No. 217 was hereby passed and adopted on second reading. Motion by Leone, seconded by Shay and unanimously passed, the ~'ublic Hearing was adjourned at 9:55 P.M. Respectfully sul~ `~~ r Charles R. Jo Village Cle ~ Ghange title of December 18, 1973 Council Meeting to read ~Sp®cial Council Meeting's instead of *Publie Hearing" as unanimously approved by Council on February 12, 1974.