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HomeMy WebLinkAboutMinutes_Special Meeting_03/12/1963 O /� P^y .nom - "^: l i rr�p, OJ 5"iJ Y,.u.�.il.i; �.:.�'.-R .e,1N0 HELD BY THE COUNCITIE. OF THE VIIIAGE OF TEQUESTA The Councilmen of the Village of Te questa held a Public Hearing at the Church of the Good Shepherd, Seabrook Road on Tuesday, March 12, 1963 at 7:30 P.M. Councilmen present were: Messrs. Cornelius, Valier, Lathrop, Bowden and Turnbull. Also present were Robert Harp and Attorney William Lord. Mayor Cornelius explained to the large audience of property owner's present that DiVosta Land Co. had made a request for the rezoning of a parcel of land on the north side of Tequesta Drive from `R -1 classification to 1: -2 classification. The parcel in ques- tion is more fully described in the notice of public hearing. He explained that this parcel lies south of a new 65 home subdi- vision which Mr. DiVosta intends to construct and would be the main entrance to the new subdivision. Attorney Robert F. McRoberts, Jr. representing DiVosta Land Co.presentedartistis conceptions of the type of Garden Apartments which his client intends to erect on this parcel of land. He stated that the parcel in question uas located between C -1 and C -2 zoned areas. They feel that the highest use of the land in question would be for multiple family garden type apartments and not single family dwellings. Attorney McRoberts explained what Comdominiums were. He also quoted Yokelyls 0� � - Section 84, Vol. 1, which recited court cases pertaining to zoning matters similar to the one in question. Mrs. Thomas Jones asked if they were to be ,Co -op Apartments and was advised that they would not be since residents would own their own apartment and not stock in a corporation running a co-op apartment. Mrs. Jones presented a signed petition and letter signed by many property owners in the Village protesting the pro- posed change in zoning classification. y 9 '� • � Mr. Chester Barber asked if construction of the apartments would increase or decrease taxes and was advised it would not have any effect on the taxes paid by others. Mr. McRoberts and DiVosta explained that all residents in the . apartments would have to pay a compulsory fee providing for the general maintenance of the area. Mr. Thomas D. Jones asked the selling price and size per unit. He was advised they would sell for $10,000.00, have 920 square feet and be 2 bedroon and one bath. He questioned if "anyone" could buy one of the apartments. Mr. DiVosta was reminded of his meeting last Tuesday with residents from "this side of the river" that they were to be for retired people. Mr. DiVosta stated that no children would be allowed to live in these apart- ments and that proper maintenance and facilities would be provi- ded to keep the area in high -class appearance. Mr. Frank Cunningham spoke protesting the erection of such apartments which he said would greatly reduce property values in in the area. Mr. Loren Simpson stated he believed this type units to be a necessary part of the development of this area and that we are all interested in progress in the area. He stated many areas have become run down because of lack of further development once an area has been started. He also stated that when most of us are in the market to purchase residential property we look for near- ness to Churches, schools, stores, and shopping facilities. Mr. B. W. Renninger asked attorney Lord if DiVosta could get C-1 zoning on this parcel through the Courts. Mr. Lord stated there are many facets to this question which a judge would have to make his decision. Mr. Cunningham wanted to know why a man could not purchase property and be assured of zoning protection. He stated spot zoning was not good and stated the Village had already ;ae- de many changes in zoning. MINUTES OF PUBLIC HELD By THE COUNCIL T OF THE VILI,AGE, OF TEQUSST.A 11WRCH 12, 1963 PAGE 2 Councilman Lathrop gave a brief history of the parcel in question stating that the Village had accepted the Village Hall site from Mr. .William Schluseraeyer conditioned on the Villages agree- ment to zone from the Utility Co. property to the railway right of way for light business purposes (Commercial) for a depth of 300 feet. 11en the official zoning was being done, Mr. Schlusemeyer was asked if he wished this property to remain commercial and he decided to have it zoned residential. Mr. Lathrop suggested a possibility of a compromise plan to grant R -2 classification to the east parcel which is driectly across Tequesta Drive from R -2 property and let Mr. DiVosta erect his proposed Garden Type Apartments on this piece so that everyone could see what they would be like. Mr. DiVosta would then have to requesta rezoning of the west parcel and have a public hearing on the matter. Mr. Dennis McDonald protested the many zoning changes made by the Council after the hiring of Mr. Simons to do the job. He was advised that since the adoption of the Zoning Ordinance in Jnauary, 1962, only one zoning change had been made by the Council and that was to correct an error in the Original Zoning of Lots 17, 18, 19, 20, Block 22, Jupiter in the Pines, Section "B" as residential instead of commercial since they had been sold by the owners as commercial property. Mr. David Lewis asked Mr. DiVosta when he would start to build the apartments - would it be before he started construction of the houses? Mr. DiVosta stated he would build the apartments prior to the houses if the request was approved. Mr. Renninger asked Attorney Lord if conditions could be forced upon a builder or developer and final plans be subject to those conditions prior to granting of a zoning change. Attorney Lord stated it would be possible for conditions to be attached to such requests. Mrs. Jones was asked how her group felt about the above mentioned compromise plan. She asked for and received permission to have a short caucus with her group so they could be polled as to their feelings on the compromise plan. She reported that all in attendance were against the compromise plan. Mayor Cornelius then stated that adequate discussion had been had and asked the Council to express their wishes on the matter. Mr. Valier moved that the request of DiVosta Land Co. to have a parcel of land approximately 210 feet deep parallel to the North Might of Way line of Tequesta bounded on the East by property owned by George 17. Offutt III ( zoned C -2) and on the Ilest by property owned by the Jupiter Utility Co. (zoned C -1) rezoned from R -1 classification to r -2 classification be denied. There was no second to the motion, therefore it died. After a discussion about the proposed parking area located on Tequesta Drive in front of the proposed apartments on the Fast parcel as shown in the artistes sketch, Mr. Bowden moved that a change in Zoning Classification front R -1 to R -2 be allowed on that parcel measuring 310 feet on the east line, 100 feet on the north line, 260 feet on the west line and approximately 150 feet on Tequesta Drive (the east tract) providing DiVosta Land Co. would move the proposed parking area from facing on Tequesta Drive and provide adequate landscaping in the area along Tequesta Drive. Motion was seconded by Lathrop, Mayor Cornelius called for the vote on the motion and it was as follows: Cornelius - For Bowden - For Turnbull - For Lathrop - For Va lier - Against The First heading of the motion was passed, however, since the vote was not unanimous, a. Second Reading will be required, followed by the second vote. MINUTES OF PUbil HELD BY THE COUNCTLi Or �'.��, d 1�� >GL GIB lE . UE,IA March 12, 1363 PAGE 3 Mayor Cornelius stated the next item for consideration was the reuest of DiVosta Land Co. to have Section 5, D- ''Building Site Area Regulations" amended to reduce the udnimum width of lot measured at the Building Line for So feet to 75 feet in the R -1 Single Family Dwelling District. There being no opposition to this request, Mr. Lathrop moved, seconded by Lowden that the Section 5, D of the Zoning Ordinance be amended to provide for a minimum width of lot measured at the Building, Line of 75 feet in the R -1 District. Motion vss unani- mously passed and adopted. There being; no further business, the Public Kear�lng was adjourned at 8:58 P.M. e "ully ubmitted, Plobert Harp Village Clem: