Loading...
HomeMy WebLinkAboutMinutes_Planning and Zoning_08/03/1971 riIIQUTE5' OF THE PUBLIC HEARYIVG OF THE • VILLAGE OF TEQUESTA ZONING BOARD OF ADJUSTMNNT A Public Hearing was held by the Village of Tequesta, Florida Zoning Board of Adjustment at 8:00 P.M., Tuesday, August 3, 1971 at the Village Hall. ,Board members present were: Diessrs. Shiplett, Gifford, Good, Webster and Hutchison. Also present were Robert Harp, Clerk of the Board and Christopher H. Cook, Village Attorney. Chai rnian Shiplett asked the Clerk to read the application of Mr. Paul Thomson requesting the Public Hearing to allow construction of a sewage dispos~il facility at the subject site as more specifically described in the July 8, 1971 Beacon News Public Notice of-the Hearing. The Clerk advised that all property owners within 500 feet had been duly notified by letter. , Chairnaan Shiplett addressed the Hearing advising there had been considcr~.blc ::.isunderstanding about the Hearing stating that it was not to act upon a request for a change in zoning but to determine if the proposed usage was consistent with the other uses permitted in the C-2 Zoning District. He stated only the Village Council could. act upon and make changes in Zoning Classifications. He stated that many, many letters had been received b;y each member of the Zoning Board, with the letter from Forest P:. Smith, supporting the proposed site and all others being against • the proposed usage at the subject site. All records and correspondence krill be included in the file of the Hearing. Chairn~an Shiplett asked the Village Attorne;,~ to read the various uses pernlitted in the C-2 Wholesale Commercial, Liglit Industrial District. He further stated that the issue before the Boarci is whether or not the proposed usage of the land is consistent with the other uses in the C-2 District. rir. Shiplett stated ire must assume 'that the plant would have to be acceptable since it taould have to meet the specific requirements and codes of the State Department of Air and Water Pollution Control, County and State Health Departments, Loxahatchee River Environmental Control District and the Village. rir. Frank Booker, from the law firm of Ryan, Taylor, Booker and Law, was present representing the applicant, Mr. Paul Thomson. pir. Booker. slated he did neat concur with the issue as stated by the Chairman since- such a proposed use is a conditional use in the R-lA and R-1 Residential Zoned Districts and believes any use in a higher zoning classification is permitted in a lower zoning classification district. He referred to item 12 of the C-2 District in tie Zoning Ordinance and recited things to be considered by the Zoning Board of Adjustment for this Hearing. Upon question, Chairman Shiplett said it was not necessary to swear the witnesses.. Mr. Booker called Mr. Paul Thomson, applicant, as his first witness. Upon questioning Mr. Thomson stated he owned some sixty (60) acres of land in the vicinity of the plant and pointed out the proposed location and location of properties owned on a map k~ich was • marked "applicants exhibit A" for the record. Tesco would be the name of the operating company and tiir. Lennert E. Lindahl, 3r., local engineer and engineer for the Town of 3upiter is irorking on the plans for the plant. Mr. Booker stated he would like to have Mr. Lindahl present technical and engineering data to the Board at an adjourned hearing sines he could not attend tonight's Hearing due to the Town of Jupiter requiring his attend- ance at their meeting. _2_ rfr. Thomson recited various reasons-why he had selected this site. -~ for the proposed plant (1) a site west of the railroad tracks had not been acceptable to the State Department of Health and Rehabilitative Services (2) it was one of the lo~aest pieces of land in the area (3) it was located in the lowest Zoning Classification District, C-2 (4) there are only four (4) residences ~iearby (5) the State Department, of Health had generally approved the site subject to various conditions as shown by copy of letter dated February i0, 1971 signed by Ralph H. Baker, Jr., Administration, jti'aste Water Section, to Paul Thomson, which was marked as "applicants composite exhib:~t B", in two pages for the record. Mr. Thomson then identified other properties in the area~and indicated their approximated distances from the site. It was stated there was approximately 1,000 feet between the property line of the subject property to the St. Jude~s Catholic Church building. It was stated the fifteen acre Village Z•Jell Field site and CATV antennae site had been given a special variance. Mr. Thomson then explained the type of plant facility proposed to . be constructed stating it was 200,000 gallons per day, would service 800 housing units and the tanks would be about 15 feet above the ground level. Te pl.~r., would have three phase tertiary treatment with on-site contain- ment of the effluent in polishing ponds. About l~ acres of the site would be used for the plant facilities, fences and nursery plants would probably be grown on the site. Mr. Thomson advised that the Turtle Creek plant has its polishing ponds in the middle of the golf course. Their engineer stated that if properly operated, the plant would probably generate an odor only 3 days a year. The entire area would be well landscaped, noise • would not go be;~ond the property line and the effluent would not drain into the River or canals. On-site containment i~~ould have to confo nn to State requirements. Mr. Thomson also stated the plant ~,~ould serve adjacent areas but not airy areas within the Plantreat, Inc. franchise area. He also stated that- the adjacent properties could not be developed at the present time without sewage facilities and estimated sewage service for the adjacent areas would at least double the land values. The lands cannot be. used without se~~age facilities. Attorney Booker then called Edwin J. Nelson as his next witness ~~ho stated he was a real estate broker and investor who resided at 1474 Point Way, North Palm Beach, Florida. He stated he was the oower of property along U. S. Highway No. 1 which runs north from approximately the Piarshall Wells Real Estate Office to the St. Jude's Catholic Church property. He stated Plantreat had denied sewage service for his property and he did not particularly want to have his own package plant since it ~~~ould probably not be economical. Mr. Booker asked if Mr. ATelson believed the proposed se1~age treatment facility would be beneficial for the health, safety and welfare of the area and he replied he did and such a plant could possibly take some of the load from the Plantreat, Inc. Plant. Mr. Nelson stated his 1971 assessed valuation of this property reflected a 65fo increase over the 1970 assessed valuation. Attorney Booker again requested that his client's engineer be given the oppori:unity to speak to -the Board at an ad journcd heari~ag. Ise further reminded that the R-1 zoned portion of the original subject parcel ~t3ad been withdrawn by the applicant. He further questioned on the uses of higher zoning c~'assification areas being pernutted in lower zoning classi- fication areas. -.~- dir. Robert Calhoun, 43 Willow Road, Tequesta, questioned the • meaning of the term "Conditional Uses" and rir. Booker read conditional uses from the Zoning Ordinance. • Father Robert Hostler, of St. Jude~s Catholic Church, presented a multi-page petition in opposition to a sewage disposal facility being allowed on the ;proposed site. He said he did not believe the Location so close to the Church was in the best interest of the welfare of the area; could not see ~ahy it should be located near to the Catholic Church property. He mentioned that Mr. Thomson had spoken to the Archdiocese about the matter and had also discussed it with him. The Archdiocese was opposed to the proposed location. Father Hostler said they did not want the odors from the proposed facility and questioned whether or not the area is the proper location for a master plant for the area. He said he is shocked at the location of the plant in Juno and on the beach in Jupiter. Everyone trould have to live t~ith all the problems such a plant could cause he said. He said the quality of life must be a consideration in this matter. Their Church Bulletin had named the various objections to the site such as odor; Church located in the area first,; too close to Church and other properties; Father }:ostler and Father Reddy live in the Church Rectory. He said Laws are far the corunon good and corunon ~,relfare. lair. John Giba, ?8 Fairview Fast, Tequesta, asked if the proposed use is a conditional use of C-2 District lands and was advised that is the purpose of the Hearing. He further questioned if the owners would object to a penalty if the plant produced odors more than three (3) days a year. • Mr. Thomson stated the State Health Department could impose penalties up to X500.00 for not properly maintaining and using a plant. Mr. 1~.lliam Dreyer, 200 Golfview Drive, Tequesta, a member of St. Jude~s Pari;;h Council, asked if the proposed usage falls within the scope of the C-2 Zoning Classification and advised that he has played golf on the Turtle Creek course and the polishing ponds on the course do smell. Mr. Donaldson Dow, 324 -Daly Road, Tequesta, objected to the proposed facilit;y (1) va7_ue of residential properties would be reduced; (2) could have serious adverse effect on Village Wells north of t}Ye site; (3) odor producing; (4) was not similar to other penritted uses in C-2 fistrict. Attorney Booker asked rir. Doti t,rhere he lived and t~n~ether or not he lived cle!ser to Plantreat or the proposed site and Mr. a)otti~ said he lived closer to the proposed site and upon question advised attorney Booker he was an engineer by profession. Airs. fioy F. White said they t,rere the closest residence to the proposed plant €~nd questioned a $200.-400. fee to hook onto th,~ system and monthly service charge, A}r. Hugh Cantpbell, 4 Tradewinds Circle, -- Tequesta, questioned tahether or not the "moratorium" on septic tan}cs had 'eeen lifted and teas advised the present sta%us in areas not al~~eady sub- divided was not }cnotti~n. Father Hostler wanted to }snow if the sate had been considered as a Humping station only to pump setaage L-o some other area for treatment. Air. Thomson said the engineering plans for the plant had not been subnutted to the Loxahatchee River Envirormnental Control District as • yet. The Village Attorney again read items 1-12 inclusive shoeing uses permitted in the C-2 Zoning District. -4- • 1`ir. Robert Coughlin, 429 Beacon Street, Tequesta, asked a technical question as to where the effluent goes? Into the ground or River and what happen:, if flooding of the treatanent site occurs? Attorney Booker said a lot of the effluent disappears through evaporation. Mr. Gerald Morke, 427 Beacon Street, said the proposed re-zoning was an affront to his intelligence. Mrs. Grace Pollock, Waterzray Beach Condori-inium apartments said it is a disgrace to put such a thing next to a house of worship. Mr. B+~oker reminded the Hearing of the nearness of the Episcopal and Baptist Churches to Plantreat, Inc. Plant. Petitions against the proposed plant at the proposed site were received from Christ the King Evangelical Lutheran Church on itiillo~ti* Road and from the o~~n~ers of businesses' in the Village. Ordinance: Attox~iey Booker then spoke on the ,contents of the Village Zoning 1. H~. said he believed there had been frequent misquoting of the terms "consiistent with" and"in harmony and spirit of the ordinance". as stated in item 12 which states the uses permitted in the C-2 District. 2. B~Wlieves C-1 uses can be used in C-2 District. He named a fish distributi~~n ~o*arehouse as an example of a usage. 3. I:f such a usage is consistent ~~i.th R-lA, R-1 and C-1 Districts why s;iould it not be consistent ~,rith C-2 usages. 4, I:f the proposed usage is not consistent with C-2 usage then it would not be permitted in any part of the Village. 5. T1ie general health and welfare of the conm~unity must be considered. He further stated that objectors say sewage treatment plarits are araful. Sewage plants are needed for orderly gro~~rth and objectors should be heard but should not obstruct growth. If the application should be app}roved, the o~~mers would construct the finest plant possible which eventually would serve about 200 additional fanu lies in the area and increase the Village's tax base and other property values. He stated objectors have ~zo right to preserve yesterday at the expense of tomorrow.. He suggested th~~ developer might sell off tracts of land with each tract- building a set,*a,;e treatment plant for their o~ti~n lands instead of only one plant. Attorne;~ Booker stated the St. 3ude Catholic Church ar.d its t~ier~2bers were essentially the only objectors. Father Eiostler again voiced the objection of the plant being located so near to their Church. Mr. Calhoun suggested holding off development for five years until a master sewage plant might L-e in operation. rir. D~,ryer submitted that the proposed usage is not consistent. ~~rith churches, ,schools and residences. -~+- Board member Hutchison asked if such a plant could k_e built for the property owners own use and was advised that it could probably be done subject to the approvals of the various controlling agencies. Member-Good moved, seconded by j~ebster that the application for the conditional use of the subject site as the location for a sewage treatment facility be denied since it is not consistent with the other uses permitted in the C-2 ~~holesale Commercial and Light Industrial District of the Village Zoning Ordinanc® and~not in harmony with the spirit of the Ordinance. The vote on the motion was: Gifford - For the notion Hutchison - For the Motion Good - For the Motion Shiplett - For the Motion . ~debster - For the Motion The motion was unanimously passed and the applicatic:.n was therefore denied. Chairman Shiplett stated there was a dilema for the Village of '~ec~aesta and ryas in sympathy with a property o~~~er wlao could r:ot use his property. -The connnunity needs a master sewage plan. He stated the Board can only operate within the framework of the Ordinance and as a Christian had given much prayer to the subject. The Hearing was adjourned at 10:05 P.M. U Respectfully submitted, ~6~s~, Robert Harp Cleric