Revitalization Q & A - Attorney Reviewed
Feb 19, 2015 9:56:33 GMT -5
Admin, Alaska HEMI R/T Jm Admin., and 1 more like this
Post by jimherbst on Feb 19, 2015 9:56:33 GMT -5
Let me put both feet in the poop by describing my vision of a new S-bag as an MTSU. A special taxing district would be established within S-bag's boundaries for the purpose of funding sewer, water and garbage collection operations. Residents within the district elect a Board to manage those aforementioned operations. The annual budget for the MTSU becomes an additional levy on the property taxes of residents within the district (just like the additional property tax we now pay to the Polk County Fire Protection District).
With respect to S-bag's current "amenities" (pool, tennis courts, boat docks, etc.), those would be operated by clubs who lease the facilities from the S-bag corporation for the exclusive use of club members. Funds to lease the facilities from S-bag and to maintain those facilities are raised via membership dues assessed to club members. Again, this is not an unusual arrangement. Many condominiums, as well as regular subdivisions, have swim clubs, tennis clubs, golf clubs, etc.
And finally, we come to the issue of enforcement of architectural and property maintenance standards... I would be in favor of establishing a revised Planned Unit Development that would include height, setback, accessory building, etc. restrictions similar to those of a conventional zoning ordinance. As such, enforcement of property maintenance standards within S-bag would come under the jurisdiction of the Polk County Code Enforcement Office. That would have two advantages: a) it provides greater assurance that architectural and property maintenance standards are objectively enforced , rather than the selective enforcement we now see in S-bag that seems to be based upon with whom you are friends or "business associates"; and, b) it prevents the establishment of arbitrary new rules about architectural and property maintenance that violate individual property rights. If a new architectural rule is desired, the proposed new rule would have to go through the same complicated (rightfully so!) process as any proposed change to a city or county zoning ordinance. Again, this provides additional assurance that individual property rights are not trampled by "the tyranny of the mob".
With respect to S-bag's current "amenities" (pool, tennis courts, boat docks, etc.), those would be operated by clubs who lease the facilities from the S-bag corporation for the exclusive use of club members. Funds to lease the facilities from S-bag and to maintain those facilities are raised via membership dues assessed to club members. Again, this is not an unusual arrangement. Many condominiums, as well as regular subdivisions, have swim clubs, tennis clubs, golf clubs, etc.
And finally, we come to the issue of enforcement of architectural and property maintenance standards... I would be in favor of establishing a revised Planned Unit Development that would include height, setback, accessory building, etc. restrictions similar to those of a conventional zoning ordinance. As such, enforcement of property maintenance standards within S-bag would come under the jurisdiction of the Polk County Code Enforcement Office. That would have two advantages: a) it provides greater assurance that architectural and property maintenance standards are objectively enforced , rather than the selective enforcement we now see in S-bag that seems to be based upon with whom you are friends or "business associates"; and, b) it prevents the establishment of arbitrary new rules about architectural and property maintenance that violate individual property rights. If a new architectural rule is desired, the proposed new rule would have to go through the same complicated (rightfully so!) process as any proposed change to a city or county zoning ordinance. Again, this provides additional assurance that individual property rights are not trampled by "the tyranny of the mob".