HomeMy WebLinkAboutHandouts_Workshop_Citizen Comments_02/22/2010
Law Offices of Frank F. Harding
Attorney at Law P. O. Box 3392
Tequesta, Florida 33469
Tel: 561 339 6088
Writer's e-mail:
frankhard i n ~(c~att. net
February 22, 2010
Village Council Workshop Meeting
Comments to Council.
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Real Estate Representation
Commercial Transactions
Condominium Law
I. 1 am Frank Harding. I reside at 1 Bunker Place in Tequesta. My wife Catherine is your former
Community Development Director. She is in the hospital with a kidney stone problem and should be
released late today. She has asked me to delivet• these comments to you.
2. The Council is proceeding headlong in its efforts to make it as easy as possible for one developer
to obtain approval for an adult living facility on the old Rood property. Last year the Council, with no effort
to obtain the views of the citizenry, added assisted living as a permitted Special exception use in the R-2
zones. This was an astonishing and major change in the Tequesta zone plan. Previously, assisted living
facilities were only permitted as a special exception in the C-2 Community Commercial District and the
MU Mixed Use Zone and under detailed limitations and requirements. Now all owners of homes in the R-2
zone are exposed to the prospect of an assisted living facility being approved next door. Further, all owners
of R-I single family properties adjacent to R-2 zones are similarly threatened.
The citizens should have been fully advised as to what the Council was contemplating for the benefit of the
developer and should have been genuinely invited to participate. There should have been an open exchange
of views by the people really affected throughout the Village.
3. Now the Council is considering adopting another radical change in the Village's land use scheme.
[n order to allow the developer to proceed without spending real money on obtaining the council's review
of his prospective special exception application, the Mr. Humpage, and the Village attorney have proposed
ordinance changes that strip from the process of reviewing a special exception application, long standing
sensible requirements for the providing of information to the Council. Current ordinance 78-363 has 12
items of information that must be provided to the Council so it can make a sensible determination as to
whether a Special Exception should be granted. These have been removed from the special exception
process al together. AND most of the excellent details required under 78-368 have been removed from the
special exception process. The council will be approving special exceptions with few details as to the site
and as to the impacts. And this will apply to all special exception requests- for example: see below
if passed, this Ordinance will radically change the processing of Special Exception applications throughout
the entire Village- and all without real participation by the public and all for the benefit of making life
easier for one applicant.
in its focus on the problems of this one developer and one property, the Council has lost sight of the zone
plan as plan for all citizens.
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4. I have practiced land use law for around 40 years, here and in New Jersey.
It has been repeatedly asserted by former Mayor Humpage that the Council "can always say no". It is my
very firm opinion that he is wrong. Once a special exception is granted, the developer who submits an
application that conforms to the site review requirements, must be granted approval- or a Court will do so
for him.
Respectfully submitted,
~~
ra k F. Harding
Special Exceptions in all zones will be granted with virtually no information being
required
MU Zone special exceptions
Special exception uses. Special exception uses in the mixed-use district are as follows:
(1) Restaurants (including carryout).
(2) Public buildings and facilities.
(3) Church/house of worship.
(4) Civic%ultural/institutional uses.
(S) Private schools/schools of instruction.
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregate living facility (ACLF).
(9) Gasoline service station (only fronting on U. S. Highway 1).
(10) Private clubs.
(11) Railway station.
(12) Planned residential development (PRD).
(13) Planned commercial development (PCD).
(14) Permitted uses under subsections (h)(4), (S), (6), (7) and (8) of this .section in
excess of 3, 500 .square feet (large scale retail sales and service) which are in conformity
with the intent and integrity of the district.
(1 S) Restaurants, fast food, subject to the following conditions: