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HomeMy WebLinkAboutDocumentation_Regular_Tab 09A_9/27/1990JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAG -ER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P. O. DRAWER E R BRUCE JONES LARRY B ALEXANDER GEORGE H BAILEY MICHAEL T KRANZ BLAIR R LITTLEJOHN III 1904-7946 WEST PALM BEACH, FLORIDA 33402-3475 KEVIN C BEJTTENMULLER Mr:HAEL D BROWN JOHN M L*ROUK JOHN GLAIR MICRACKEN (�'T 91 ) 65" HENRY F LILIENTHAL R.TH P C,EMENTS SCOT' M COLTON PAMELA A MCNIERNEY TIMOTHY E MCNAGHAN FAX: (407) B32-1454 19021992 JOYCE A CONWAY GUY RABIDEAU HARRY ALLISON JOHNSTON MARGARET L COOPER JOHN C RANDOLPH 199S BRRON R CORNWELL PAULA REVENE 1p93 REBECCA G DOANE ANDREW ROSS RANDY D ELL!SON STEVEN J RCTHMAN RETIRED L MARTIN FLANAGAN PETER A SACHS WILLIAM A FOSTER SCOTT A GLAZIER LORIE MAN DELSMAN JOE, T STRAWN SIDNEY A STUBBS JR WRITER'S DIRECT LINE: SCOTT G HAWKINS ALLEN R TOMLINSON OTHER THORNTON M MENRV JOHN S TRIMPER LOCATION PETER S HOLTON MICHAEL P WALSH HARRY A JOHNSTON II H ADAMS WEAVER 54 N E FOURTH AVE J A JURGENS PAUL C WOLFE DELRAY BEACH. FLORIDA 33443 MARK B KLEINFELD MARC S WOOLF CHARLES B KOVAL September 14, 1990 Mr. Bill C. Kascavelis Finance Director Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Subdivision Ordinance Our File No. 13153.1 Dear Bill: Enclosed please find an original of the above referenced ordinance. I have modified the title of the ordinance be deleting therefrom the error which repeated the provision for definition of building line. It is this title which should be advertised. Sincerel , 4 n C. Randolph JCR/ssm Enclosure JONES, FOSTER, JOHNSTON & STUBBS, P.A. LARRY B ALEXANDER MICHAEL T KRANZ GEORGE H BAILEY BLAIR R LITTLEJOHN III KEVIN C BEUTTENMULLER JOHN M L.ROUK MICHAE'. 0 BRCWN JOHN BLAIR MCCRACKEN R'-'I+ P :.EME 4'S PAMELA A Mc NIERNEY SCC" M CC.'ON 'IMO'H` E MONAGHAN JCI-E A CONWAI GUY RAS,DEAU AIARGARETL COOPER JOHN C RANDOLPH BYRON R CORNWE— PAULA REVENE REBECCA G DOANE ANDREW ROSS RANDY D EL,SON STEVEN,I RC' -MAN L MARTIN F-ANAGAN PETER A SACHS SCC^ A G.AZIEP JOEL ' S'RAWN LOP E MANDE'SMAN SIDNEYA STUBS JR SCO, G HAWKINS ALLEN R TOML�NSON THORN'ON M HENRY JOHN S TRIMPER PE—EP S HOL TON MICHAELP WALSH HARRY A JOHNSTON, II H ADAMS WEAVER J A JURGENS PAUL C WOLFE MARK B KLEPIFELD MARC S WOOLF CHARLES B KOVAL September 5, 1990 ATTORNEYS AND COUNSELORS FLAGLER CENTER TOWER 505 SOUTH FLAGLER DRIVE ELEVENTH FLOOR P. O. DRAWER E WEST PALM BEACH, FLORIDA 33402-3475 (407) 659-3000 FAX (407) 832.1454 WRITER'S DIRECT LINE VIA FAX 575-6203 Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta Subdivision Ordinance Our File No. 13153.1 Dear Tom: R BRUCE JONES 190A-I M HENRY F LAANTHAL 1902 11142 HARRY ALLISON JOMNSTON 18W 1 Yu RETIRED WILLIAM A FOSTER OTHER LOCATION SA N E FOURTH AVE DELRAY BEACH. FLORIDA 71tb I am enclosing for your consideration and the consideration of the Council an alternative to Ordinance No. 410 which had been earlier proposed. Perhaps each of these ordinances should be delivered to the Council for their consideration along with a copy of this letter of explanation. One of the concerns, expressed by some, during the course of our previous "lot split" application was that as a result of the "lot split" which, under our Code was defined as a subdivision, the new lots formed as a result of the subdivision would be creating a new subdivision not subject to the rules and regulations of the subdivision from which it was carved. Even though those concerns were expressed, the mere subdivision of land previously subdivided does not take the new subdivision out from under any declaration of covenants which are already of record in regard to that property. Therefore, I feel the concerns we were attempting to address in the previous Ordinance No. 410 of not allowing a property once subdivided to be again subdivided were not well founded. I think, however, the fact that we called this lot split a "subdivision" because of the definition of subdivision under our Code, resulted in unnecessary concern. Mr. Thomas G. Bradford September 5, 1990 Page 2 As I had advised previously, the provision of the Tequesta Code is somewhat unusual in that most subdivision codes deal with the subdivision of land into three or more lots. Such a definition therefore would not preclude a large lot, capable of being divided into two lots, from being divided without subdivision approval. I have therefore, as a suggested way of meeting this problem, amended the Tequesta ordinance to bring it more in accord with the State Statute and with other subdivision ordinances. This new ordinance redefines subdivisions as a division of land into three or more lots or parcels. Hopefully this will alleviate some of the concerns of those who felt a lot split within their neighborhood was going to create another subdivision. In addition to addressing the matter of redefining subdivision, I have included a provision which would prevent a person from indirectly subdividing land by way of "lot splits". In other words, a person may attempt to avoid the subdivision ordinance by creating multiple lot splits at different time.. For example, in 1990 someone may split a large tract of land into two logs. In 1991 the same person may split one of those lots into two lots and continue on in that same fashion thereby avoiding the subdivision requirements. The language which I have added to this ordinance attempts to address that problem. I have also included language which I hope will address the situation of a person arguing that he is entitled to the maximum number of lots which would be allowed to be carved out of a parcel of land pursuant to the terms of the Zoning Ordinance. This language simply indicates that, because of the concurrency requirements within our Comprehensive Plan, there will be no assurance to anyone that they will be entitled to the maximum number of lots allowed by zoning. Finally, we have continued to include, for purposes of measuring cul-de-sac lots, the method of measurement of "lot width". Note also that I have included a definition for building line which is identical to the definition set forth in the Zoning Code. Tom, you or Scott or any member of the Council may have some questions or input in regard to this ordinance. It would be helpful to me, if those who have questions or suggestion for change would contact me prior to the next Council meeting. Hopefully that way if there are any suggestions for amendments, we can incorporate those into this ordinance prior to the Council meeting and have it ready for first reading. It may also be, from a policy standpoint, that the Council would want to continue having the subdivision of two or more lots required to go through the subdivision procedures. If that is the case, they may wish to go with the original ordinance number 410. Mr. Thomas G. Bradford September 5, 1990 Page 3 I would appreciate any advice or comments you or others may have. Thank you. Sincere , hn C. Randolph JCR/sm Enclosure ORDINANCE NO. 413 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AMENDING ORDINANCE NO. 398 WHICH IS AN ORDINANCE WHICH AMENDED ORDINANCE NO. 56 RELATING TO SUBDIVISIONS OF LAND WITHIN THE VILLAGE; PROVIDING A DEFINITION FOR "BUILDING LINE" AND "LCT SPLIT"; PROVIDING FOR AN AMENDMENT TO THE DEFINITION OF SUBDIVISIONS; PROVIDING THAT SUBDIVISION OF LANDS BE CONSISTENT WITH THE VILLAGE'S COMPREHENSIVE PLAN AND THAT SUBDIVISION OF LANDS MAY NOT BE ASSURED TO THE MAXIMUM EXTENT THAT MAY BE ALLOWABLE UNDER THE PROVISIONS OF THE VILLAGE'S ZONING ORDINANCE; PROVIDING FOR AN AMENDMENT TO THE MANNER IN WHICH THE WIDTH OF CUL-DE-SAC LOTS ARE DETERMINED; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. Article I, Section 4, is amended by including a new definition to be numbered item (1) to provide as follows: "(1). Building Line. A line on a lot, generally, but not necessarily, parallel to a lot lire or r�,: d right -of - way line, located a sufficient distance therefrom to provide the minimum yards required by the Zoning Code. The building line delimits the area in which buildings are permitted subject to all applicable provisions of the Zoning Code." Section 2. Article I, Section 4 is amended by including a new definition provide as follows: "Lot Split. The subdivision of a single lot or parcel of land into two (2) lots or parcels." Section 3. Article I, Section 4, Paragraph (13), relating to the definition of subdivisions, is hereby amended to provide as follows: "(13). Subdivisions. The division of a parcel of land into three (3) or more lots or parcels either by plat into lots and blocks or by metes and bounds description for the purpose of transfer of ownership or development, or if a new street is involved, any division of a parcel of land. A lot split shall not, for purposes of this ordinance, be considered a subdivision. However, in the event a property becomes the subject of a "lot split" subsequent to the adoption of this ordinance, any subsequent "lot split" involving the same parcel or parcels of land shall be subject to the subdivision requirements set forth herein. Because all development orders and development permits issued by the Village must be- consistent with the Village's Comprehensive Plan, and since adequate public facilities for transportation, sanitary sewer, potable water, drainage, solid waste disposal and recreation/open space must be available sufficient to maintain the Village's adopted levels of service concurrent with the impacts of development, property owners in the Village 1 have no assurance that subdivision of lands in the Village can be undertaken to the maximum extent that may be allowable under the provisions of the Village's Zoning Code." Section 4. Article IV of Ordinance 398 is hereby amended at Section 7, Paragraph (6), so that such paragraph shall read as follows: 11 (6). In determining minimum lot width, cul-de-sac lots shall be measured at a point along an arc beginning at the front building line and the length of the arc shall be at least 60% of the required minimum lot width for the district." Section 5. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end, the provisions of this Ordinance are hereby declared severable. Section 6. Repeal of Ordinances in Conflict. All other ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 7. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Village of Tequeste. Section 8. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. THE FOREGOING ORDINANCE was offered by Councilmember who moved its adoption. The Ordinance was seconded by Council —member and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1990. ATTEST: Village Clerk JCR\13153-1\SUBDIV.ORD 9\5\90 2 MAYOR OF TEQUESTA Joseph N. Capretta