The URL can be used to link to this page

Home My WebLink AboutResolution_16-05/06_10/03/2005RESOLUTION NO. 16-05/06 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, OBJECTING TO MARTIN COUNTY'S PROPOSED REZONING ALONG ISLAND WAY FROM RE-2A ZONING DISTRICT TO PUD ZONING DISTRICT FORA 39 UNIT SINGLE FAMILY DEVELOPMENT ON 78.59 ACRES WITH A GROSS RESIDENTIAL DENSITY OF 0.48 UNITS PER ACRE LOCATED IN SOUTHEASTERN MARTIN COUNTY BORDERED BY PALM BEACH COUNTY ON THE SOUTH AND EAST. WHEREAS, the Village Council of the Village of Tequesta, Florida, conducted a Special Village Council Meeting on Monday, October 3, 2005; WHEREAS, at the Special Village Council Meeting, the Council reviewed the proposed rezoning application pending before Martin County known more specifically as the Old Plantation PUD (f/k/a) Island Way Estates (the "Project"); WHEREAS, the Village Council considered the impacts that the increased density of the Project will have on the residents of the Village of Tequesta; WHEREAS, the Village Council determined that increased density in this area would have an adverse impact on traffic flow in the Village of Tequesta and the area roadway network surrounding the Village of Tequesta; WHEREAS, the Village Council expressed concern that traffic studies pertaining to the Project are inadequate and that further traffic study is necessary to determine the degree of impact that increased density will have on traffic flow in the Village of Tequesta; WHEREAS, the Village Council determined that the proposed infrastructure for the Project is inadequate given the increase in density; WHEREAS, the Village Council determined that the proposed use of septic systems rather than sewer systems for the Project is inadequate given the increase in density and the utilization of such systems will have an adverse impact on the natural habitat and wetlands of the Loxahatchee River Basin and the associated estuary; WHEREAS, the Village Council expressed concerns that unrestricted open space in the PUD district may later be used for residential development, thereby further increasing the density of the area; 1 WHEREAS, the Local Planning Agency of Martin County, Florida, will conduct a public hearing on the matter on Thursday, October 6, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, as follows: Section 1. The Village Council expresses its objections and concerns to the Local Planning Agency of Martin County, Florida, regarding the proposed zoning changes for the Project. Section 2. The Town Clerk shall mail a copy of this Resolution to each County Commissioner of Martin County, Florida. Section 3. This Resolution shall become effective immediately upon passage. THE FOREGOING RESOLUTION was offered by Councilmember Paterno, who moved its adoption. The Resolution was seconded by Vice Mayor Watkins and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Jim Humpage Pat Watkins Geraldine A. Genco Tom Paterno The Mayor thereupon declared the Resolution duly passed and adopted this 3`d day of October, 2005. l MAYO~t OF TEQUESTA. _ Jim Huai ``~~~a~mnu~p~~ , ATTEST: ```~ p~.OF TF4 ~~~~. G~ _ s~o~p°qq;..~ ( :.,- ' ' ~' SEAL " •~= ~1,` ~~~ Y~= ~: ANC ORPORATED: Gwen Carlisle ~~ ; ~,:oP Village Clerk ii~~~' ' ~F FL~Q`'',\ ~~~~~/-n ~ ~ ~~~~~~~ 2 VILLAGE OF TEQUESTA Post Office Box 3273 • 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469-0273 (561) 575-6200 Fax: (561)575-6203 October 5, 2005 Lee Webberman County Commissioner Martin County 2401 S.E. Monterey Road, 4~' Floor Stuart, Florida, 34996 Re: The Village of Tequesta/Island Way, L.C./Request for Zoning Resolution Deaz Mr. Webberman: Enclosed is a copy of Resolution 16-05/06 that was approved by the Village Council of the Village of Tequesta at their Special Village Council Meeting on Monday, October 3, 2005. At this Special Meeting, the Village Council expressed many concerns that the requested approval seeks permission to develop the subject property in a manner that the Village of Tequesta considers too dense for the area. This document is to be presented and read into the record at the hearing on Thursday, October 6, 2005 of the Martin County Lacal Planning Agency. If you have any questions, please feel free to contact me at 575-6244 Sincerely, 'Gwen Cazlisle, CMC Village Clerk Cc: Scott Hawkins, Village Attorney Michael R. Couzzo, Village Manager Recycled Paper joNEs FOSTER jOHNSTON 8t STUBBS, P.A. Attorneys and Counselors Scott G. Hawkins, Esquire Board Certified in Business Litigation Law by the Florida Bar Direct Dial: 561-650-0460 Direct Fax: 561-650-0436 E-Mail: shawkins@jones-foster.com October 4, 2005 Flagler Center Tower, Suite 1100 505 South Flagler Drive West Palm Beach, Florida 33401 Telephone (561) 659-3000 Mailing Address Post Office Box 3475 West Palm Beach, Florida 33402-3475 ~~C~?lt~~~l ~~~~~ V~II~~~ ~~~~~~ off Lee Weberman County Commissioner Martin County 2401 S.E. Monterey Road, 4th Floor Stuart, Florida 34996 Re: The Village of Tequesta/Island Way, L.C./Request for Zoning Change Dear Commissioner Weberman: This letter is written on behalf of my client, The Village of Tequesta, and pertains to a hearing set for Thursday, October 6, 2005, before the Martin County Local Planning Agency, relative to Island Way. The Village of Tequesta is in receipt of a Public Notice advising of the referenced hearing. It is understood that at the hearing, a request will be made regarding Island Way that certain zoning be changed from RE-2A to PUD with Certificate of Public Facility Exemption and Master Site Plan and Planned Unit Development Zoning Agreement Approval, etc. Moreover, the requested approval seeks permission for a proposed development consisting of thirty-nine (39) single family units on 78.59 acres. The proposed gross residential density is 0.48 unites per acre. The Village Council of the Village of Tequesta held a Special Village Council Meeting on Monday, October 3, 2005 to review the proposed rezoning application. At this Special Meeting, the Village Council expressed many concerns that the requested approval seeks permission to develop the subject property in a manner that the Village of Tequesta considers too dense for the area. Specifically, the Village Council has grave concerns that if permitted, the density of the project will cause severe and adverse impacts to the roadway system that is currently overburdened. As has been noted previously, it is the position of the Village of Tequesta that it bears a disproportionate share of adverse traffic impacts associated with traffic emanating from Martin County. The subject approval would exacerbate an already difficult problem absorbing traffic flow emanating from Martin County. Moreover, the Village Council expressed a concern over the lack of sufficient traffic www.jones foster.com Lee Weberman October 4, 2005 Page 2 study and analysis in this regard and that further traffic study is necessary to determine the degree of impact that increased density will have on traffic flow in the area. The Village Council is also highly concerned with the environmental impacts that- such rezoning would have on the area. It is the position of the Village of Tequesta that all local governments in this area should be sensitive to preserving the Loxahatchee River habitat. The proposed infrastructure, including the use of inappropriate septic systems, is inadequate for the density increase and will adversely affect the natural habitat and wetlands of the Loxahatchee River Basin and the associated estuary. In addition, the proposed PUD project lacks clarity concerning future use of open spaces within the district. The Village Council expressed its concern that without restrictions, open spaces may later be used for residential development, thereby further increasing the density of the area. Four members of the Village Council that were present at the Special Meeting voted to pass a Resolution stating a formal objection to the Local Planning Agency of Martin County regarding the rezoning application. One member of the Village Council was absent from the Special Meeting. A copy of the Resolution is being delivered. concurrently with this letter and to each of the Martin County Commissioners. The Village Council requests that this Resolution be read into the public record on behalf of the Village of Tequesta at the public hearing on October 6. The Village of Tequesta strongly urges the Martin County Commission to not approve the requested change or to request significant modifications in order to materially reduce the density associated with the proposed project. Such a proposed change would of course necessitate a further public hearing. If you or a member of your staff would like to discuss this further, please contact me directly. This is a matter of serious concern to the Village and I look forward to hearing of the County's actions in this regard. Very truly yours, JONES, FOSTER, JOHNSTON & STUBBS, P.A. ~- - ~ . t,o~-~ - ,,,.~ By ~ ~~ Scott G. Hawkins cc: Michael Couzzo, Manager Village of Tequesta Jim Humpage, Mayor Village of Tequesta Lee Weberman October 4, 2005 Page 3 Pat Watkins, Vice Mayor Village of Tequesta Geraldine A. Genco, Council Member Village of Tequesta Edward D. Resnik, Counci{ Member Village of Tequesta Tom Paterno, Council Member Village of Tequesta Doug Smith, Martin County Commissioner Susan Valliere, Martin County Commissioner Sarah Heard, Martin County Commissioner Michael DiTerlizzi, Martin County Commissioner Richard Dent, ENCON Sheryl Wood, Esq., General Counsel, SFWMD N:\SGH\13153-111ttiweberman-001-sgh-09-29-05 (cln).doc