HomeMy WebLinkAboutMinutes_Special Meeting_05/28/1973MINUTES OF THE SPECIAL METING OF THE COUNCII~N
OF THE VILLAGE OF TEQUESTA, FLORIDA
A Special Meeting of the Councilmen of the Village of
Tequesta, Florida was held at 7:40 P.M ., Monday, May 28, 1973 at
the Village Hall. Councilmen present were Messrs: Russell, Little,
Frank, Leone and-Del Ninno. Also present were Village Manager and
Clerk, Robert Harp, Village Attorney, Christopher H. Cook and
Charles R. Jonas.
The meeting was opened with Prayer and the Pledge of
Allegiance to the Flag by Village Manager Harp..
Mayor Russell advised the audience in attendance a full
house, that the Special Meeting had. been set to consider (l~ the
proposed new Zoning Ordinance; (2) the requests of DiVosta Constreaction
Company and Kandell Associates, Inc. to have the zoning classification
of~their properties changed from R-1 to R-2. The Public Hearing on
these requests was held May 8, 1973. (3) and to consider the appoint-
ments of members to the Community Appearance Board.
Mayor Russell reviewed the work that had been done on the
• proposed new Zoning Ordinance by the Zoning Review Committee, the
Public Hearings on the Ordinance held May 2A~ and 25, 1973 and asked
the Village Clerk and Village Attorney to read the Ordinance.
Mayor Russell advised the audience that Section 11.3 (2) placed a
maximum height of sixty-five (65) feet or six (6) stories in the
R-3 area. Mr. Weber asked fora definition of "structure" in regard
to the revised wording in Section ll.8 (c) which states "no building,
nor other structures of any type (including swimming pools) shall
be located in a front yard, nor shall any conveyance other than a
passenger automobile be parked in that .area ---" as it might relate
to parking areas, garages, carports, etc. Councilman Frank said the
ordinance should allow garages or carports; Councilman Del Ninno
said the matter should be resolved by the Comununity Appearance Board;
Councilman Leone said carports should be allowed if the Community
Appearance Board should approve and carports woald be more appealing
than open parking. Councilman Little agreed with Councilman Leone's
comment. Mayor Russell suggested underground or under building
parking and read a revision to cover the matter. Councilman Little
agreed with Mayor Russell's comments. Councilman Del Ninno suggested
an alternative of underground or under building parking. Councilman
Frank questioned why all parking should be underground or under
building,-since other limitations are imposed on new buildings in
the R=3 area by the ordinance. Hir. Weber called attention to the.
problem of accessory buildings, or attached carports, garages with
fire~,ralls in relation to the definitions. The question seemed to be
whether or not there was any great difference between a carport
attached to the building or not attached in the R-3 District.
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Mr, Cook suggested adding the words "other than a carport or garage"
after "swimming pools" in Section 11.8 (c). Mr. Corddry said the
Committee wanted parking to be under the building and that the
Community Appearance Board could control the methods of parking.
Councilman Little asked about simulating underground parking with
grass, plants, etc, on roof of carports. Mr. Cook said he believed
the wording, as revised, gives the Council the protection they are
looking for in this regard. The reading of the Ordinance ended at
10:01 P.M. Leone moved, seconded by Del Ninno and unanimously passed
-that the reading of the Ordinance be approved. All Councilmen being
present and approving the reading of the Ordinance, Ordinance No. 211
was hereby passed and adopted on First Reading. Mayor Russell then
introduced the members of the Zoning Review Committee present, thanked
them for their diligent work in finalizing the new Ordinance and
requested them to continue for a while until the Ordinance has had
some time to be operative.
Mayor Russell then presented his proposals for members
of the Community Appearance Board, reading a resume for each person,
The proposed members are:
Three (3) Year Tenn
Mrs. Philip J, Corr
Roger W. Fulling
Two ( 2) Year Term
Eli Shag
John B. Teare
One (1) Year Term
Colonel Frank J. Griffith
Al.l persons except Colonel Griffith have agreed to serve, if appointed
by the Village Council. Colonel Griffith is out of town and has not
as yet accepted, but it is believed he will serve. Leone moved,
seconded by Del Ninno and unanimously passed that these persons be
appointed to the Community Appearance Board for tezms as stated. Mayor
Russell said one proposed alternate was ill at the present time and
another had not as yet indicated whether or not he would serve, Mayor
Russell asked the Village Manager to have copies of the resumes of the
appointees typed for distribution to the press and Councilman Frank
asked that copies also be given to the Councilmen.
Mayor Russell advised the next matter for consideration
was the requests of DiVosta Construction Company and Karl A, Kandell
t'lssociates, Inc, to have the zoning classifications of their properties
changed from R-1 to R-2. A Public Hearing on these requests was held
May 8, 1973 and it was determined to withhold action until such time
as the new Zoning Ordinance was adopted. Mayor Russell advised he
had received a letter from Karl A, Kandell Associates, Inc. together
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with a blueprint copy of the land plan indicating the development of
the property they are asking to be rezoned. will be compatible with
the land plan as submitted. Vice~tayor Little stated his prior
motion was-to have an answer to the Village's water problems before
consideration of the request. It was generally agreed that the
Village water system could not service the area until such time as
adequate new water supplies should be obtained and put into the
water system, Mr. Kandell explained the location of the subject
properties on the map. In answer to a question from the audience,
he stated his property under consideration was approximately
twelve (12) acres with a proposed density of 8,6 dwelling units
per acre, Mr. DzVosta's property is approximately twenty-six (26)
acres and Mr, DiVosta said his densities-would conform to the
requirements of the new Zoning Ordinance.
Mr. Ellis Simmons asked if Mr, Kandell was the registered
title owner of the subject property and Mr. Kandell replied he was
in the name of Karl A, Kandell;Associates, Inc.
Mrs. Genevra Geer presented. a petition from the residents
of Tequesta Gardens Property Owners petitioning the Village Council
to require Karl A, Kandell £~ Associates, Inc, to place the holding
pond referred to in the Hearing of May 8, 1973, in a location which
is not closer than 500 feet to the property line of Tequesta Gardens.
• The petition further stated that approval of the requested rezoning
from R-1 to R-2 should be subject to this requirement. She stated
the signatures on the petition represent 179 of 248 apartments and
279 voters, Mr, Tatwn questioned whether or not Mr. DiVosta had
one time indicated he would build single family homes on his property,
and Mr. DiVosta said he had not. Mr. Baron stated he was against
the requested rezoning and urged the Mayor to let the people talk
on the matter. Mayor Russell reviewed Mr. Kandell's Public Hearing
presentation. Mr. Baron said he believed the minutes of the May 8,
1973 Public Hearing were incorrect as to densities, etc. He further
spoke of additional problems with traffic, water, sewage and other
services if this rezoning should be permitted. Mr. Kandell said
the density for his property would be 8.3 dwelling units per acre.
Mr. Tatum again called attention to water and sewer problems. He
was advised the Loxahatchee River Environmental Control District was
in control of all sewer service,
Mr. Gene Loeffler, a former resident of Ridgewood Homes
and now a resident of Tequesta Country Club Community told the Council
that two other attempts had been made to rezone the subject properties
and the rezoning. had been denied and that the people in the area are
dead set against R-2 zoning for the area. He questioned why the
Council was acting on the zoning change the same night the new Zoning
Ordinance was adopted. Mr. Jaynes spoke of new and additional
traffic problems, A member of the audience questioned why the Council
was even considering any more densities.
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An Ordinance entitled "An Ordinance of the Village of
Tequesta, Florida, Amending Ordinance No. .211, and the Zoning Map
Thereunder to Rezone Certain Parcels of Land from R-I Single Family
Dwelling District to R-2 Multiple Family Dwelling District and to
Zone Parcels of Land Annexed by Ordinance No. 206" was read by the
Village Clerk. Frank moved, seconded by Del Ninno that the reading
of the Ordinance be approved, the motion passed 4-1 with Little
voting against the motion. The Ordinance not having been unanimously
approved, a second reading of the Ordinance by title only will be
necessary. Mr. Baron asked the Mayor for a point of order stating
the Mayor should hear all the people that want to speak on the matter,
since the meeting was called to hear the people. He protested the
Council voting on the Ordinance without all the people who wanted
to speak having been heard. Mr. Baron asked the Village Attorney
to support the people of the Village in this matter. Mr. Ellis
Simmons suggested an initiative petition referendum in the event
the electors should want to bring the matter to a vote.
Mrs. Mildred Graef asked when the next Council meeting
would be held and was advised it would be June 12, 1973.
There being no further business, the Special Meeting was
adjourned at 11:05 P.M.
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Respectfully submitted,
r
%~~obert Harp
Village Clerk