HomeMy WebLinkAboutDocumentation_Regular_Tab 14_8/12/2021Agenda Item #14.
Regular Council
STAFF MEMO
Meeting: Regular Council - Aug 12 2021
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
SEU 03-21: Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM
BEACH for a Special Exception Use modification pursuant to Section 78-180. MU District (i) (4) Special
Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special
Exception Use modification (Place of Assembly) to install a new 32 ft. high freestanding cross structure
in the front yard. The subject property is located at 204 N. US Highway 1, Tequesta, FL 33469.
Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a
Special Exception Use modification pursuant to Section 78-180. MU District (i) (4) Special Exception
Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception
Use modification (Place of Assembly) to install a new 32 ft. high freestanding cross structure in the front
yard. The subject property is located at 204 N. US Highway 1, Tequesta, FL 33469.
This document and any attachments may be reproduced upon request in an alternative format by completing
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ATTACHMENTS: MMML
final w attach - SEU 3-21 St Jude Cross Staff Report
D00071421
Page 166 of 475
Agenda Item #14.
VILLAGE OF TEQUESTA
Department of Community Development
Staff Report — Village Council Hearing — August 1Z 2021
Petition No. — SEU 3-21
APPLICANT: Philip E. Johnson Inc.
14181 69t" Dr N
West Palm Beach, FL 33418
OWNER: Gerald M. Barbarito DID JCL Bishop of Diocese of Palm Beach
REQUEST: Application from BARBARITO GERALD M DID JCL BISHOP OF DIOCESE OF PALM
BEACH for a Special Exception Use modification pursuant to Section 78-180. MU
District (i) (4) Special Exception Uses, of the Village of Tequesta Code of
Ordinances. The Applicant is requesting Special Exception Use modification (Place
of Assembly) to install a new 32 ft. high freestanding cross structure in the front
yard. The subject property is located at 204 N. US Highway 1, Tequesta, FL 33469.
LOCATION: 204 N. US Highway 1
Tequesta, FL 33469
I. PETITION FACTS
a. Total Gross Site Area: 652,215 Sq. Ft. (14.97 Acres)
b. Total Building Footprint Area: 46,978 sq. ft.
Location Map
Proposed Cross 1
Location
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, 01ow
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1
Page 167 of 475
Agenda Item #14.
Land Use and Zoning
EXISTING LAND
FUTURE LAND USE
ZONING
USE
SUBJECT
Mixed Use
Mixed Use
MU — Mixed Use
PROPERTY
North
Mixed Use
Mixed Use
MU — Mixed Use
Keyes Realty
South
Mixed Use
Mixed Use
MU — Mixed Use
Fashion Mall
East
Commercial (C)
Commercial (C)
C-2
American Legion
(Community
Commercial
District)
West
Mixed Use
Mixed Use
MU -Mixed Use
Lighthouse Cove
II. BACKGROUND
St. Jude Catholic Church is an existing structure that meets the definition of Place of Assembly in
the Mixed -Use Zoning District. On July 11, 2019, the subject applicant was approved for the
demolition and replacement of an existing cross structure with a new 29 ft. high cross to be
located at the east elevation of the building, see below photo.
The Applicant is requesting Special Exception Use modification (Place of Assembly) to install an
additional new 32 ft. high freestanding cross structure in the yard fronting US Hwy One.
2
Page 168 of 475
Agenda Item #14.
III. STAFF ANALYSIS
The Applicant is requesting Special Exception Use modification (Place of Assembly) to install a new
32 ft. high freestanding cross structure in the front yard. The height of the proposed free standing
cross is in compliance with the Village code: the Mixed Use district maximum allowable high is 50
ft. The Village code is mute regarding the number or type of sculptures that can be installed on
front yards facing a right-of-way.
Section 78-361 of the Village Code states that certain uses because their unique characteristics
cannot be classified or regulated in a particular zoning district without consideration in each case
of the impact of such uses upon neighboring uses and the surrounding area, compared with the
public need for them at particular locations. Such uses and features are treated as special
exceptions, and the application needs to comply with a set of criteria and standards.
CRITERIA FOR GRANTING SPECIAL EXCEPTION
Per Section 78-362 of Village Code, special exception use shall be permitted only upon
authorization of the Village Council if such uses comply with the following requirements:
1. The proposed use is a permitted special exception use.
Section 78-180 (i) (4) Special Exception Uses of the Mixed -Use zoning district includes 'Places of
Assembly'. St. Jude Catholic Church meets the definition of Place of Assembly as indicated on the
Village Code Section 78-4. Definitions: 'Place of assembly means a building, portion of a building
or other site in or at which facilities are provided for civic, fraternal, educational, political, religious,
cultural or social purposes. As set forth more fully in article VI, schedule of district regulations,
division Z schedule of use regulations, places of assembly are generally permissible throughout the
village pursuant to the following table:"
The existing Catholic Church is a permitted special exception use as a place of assembly (1,515 SF
or more) under the mixed -use zoning district as presented in the below table:
Use
cacuy
A ` Places of assembly Max. 750 sq_ ft.
SE
a I Places of assembly Max. 1,SCO sq. ft. I SE k SE
c I Places of assembry kiln. 1.515 sq. ft.
P—Permitted uses. SE —Special ex¢epbon uses.
Notes:
5E
P PF, r
I
5E SE 1 P' P
SE 5f SE SE F7
Place of assembly shall be within a separate, freestanding building in C-1, C-2, C-3 and MU
zoning districts.
Z All permitted uses in the R/OP zoning district are subject to special exception review as
required by Sec. 78-179(d).
3
Page 169 of 475
Agenda Item #14.
2.The use is so designated, located and proposed to be operated so that the public health,
safety, welfare, and morals will be protected.
The St. Jude Catholic Church is an existing special exception use (Place of Assembly) located in the
M-U Zoning District. The Catholic Church shall continue to be operated to the public health, safety,
welfare, and morals.
3. The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
The St. Jude Catholic Church is an existing special exception use (Place of Assembly) located in the
M-U Zoning District. The subject application does not change to the existing use and therefore it
will not cause injury to the value of the other property in the neighborhood where it is located.
4. The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
The St. Jude Catholic Church is an existing special exception use (Place of Assembly) located in the
M-U Zoning District. The proposed installation will have no impact on the compatibility with the
adjoining development(s) or the character of the district.
5. Adequate landscaping and screening is provided as required in this chapter.
The proposed cross structure does not affect the existing landscaping or screening. The subject
application is not adding or modifying the existing footprint of the building.
6. Adequate off-street parking and loading is provided, and ingress and egress is so designed as
to cause minimum interference with traffic on abutting streets.
The subject application does not increase the square footage of the building; required parking,
loading, ingress and egress are provided at the existing church.
FINDINGS REQUIRED FOR APPROVAL
Per Section 78-364 of Village Code, before any special exception is granted, the Village Council
shall apply the standards set forth in this division and shall determine that satisfactory provision
and arrangement of the following factors have been met with the applicant, where applicable:
1. Compliance with all elements of the Village Comprehensive Plan
The subject property is located in the mixed -use Future Land Use district. The proposed place of
assembly use complies with Policy 1.1.2 "the Village's Land Development Regulations shall
conform to, and implement, the use, density and intensity standards as outlined on Table FLU 1."
St. Jude Catholic Church is existing structure and a permitted special exception use (Place of
Assembly (1,515 SF or more) under the mixed -use zoning district.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case
of fire or catastrophe.
St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. The
subject application will not impact the ingress and egress.
3. Off-street parking and loading area, where required, with particular attention to the items
in subsection (2) of this section.
4
Page 170 of 475
Agenda Item #14.
St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. The
subject application will not impact the off-street parking or loading area.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical
interference and/or mechanical vibrations.
The subject application will comply with the hours of operations from the Village Code; nuisance
factors including noise, odor, smoke, glare, electrical interference and/or mechanical vibrations
are not applicable.
5. Utilities, with reference to location, availability, and compatibility.
St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. The
subject application will not impact the utilities, with reference to location, availability, or
compatibility.
6. Screening and buffering, with reference, to type, dimensions, and character.
St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. The
subject application will not impact the screening and buffering of the existing site.
7. General compatibility with adjacent properties and other property in the district.
St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. Since
there will be no change to the existing use and function, the subject application will remain
compatible with adjacent properties and other property in the district.
8. Whether the change subjected is out of scale with the needs for the neighborhood or
Village.
The St. Jude Catholic Church is an existing place of assembly in the Mixed -Use Zoning District. The
subject application will not be out of scale with the needs of the neighborhood or Village.
9. Any special requirements set out in the schedule of site regulations in 78-143 for the
particular use involved.
The subject application will comply with the site regulations of Section 78-143.
IV. FINAL REMARKS
This special exception use application met the requirements set on Section 78-368 notice of
hearing. The notice of hearing will be advertised in the Palm Beach Post on August 2, 2021. The
notice of hearing will be mailed to all property owners located within a 300-foot radius of the
subject property. Per Code Section 78-367, a special exception shall commence within 12 months
from approval date and only one extension shall be permitted by the Village Council up to six
months.
The Applicant is requesting Special Exception Use modification (Place of Assembly) to install a new
32 ft. high freestanding cross structure in the front yard. The height of the proposed free standing
cross is in compliance with the Village code: the Mixed Use district maximum allowable high is 50
ft. The Village code is mute regarding the number or type of sculptures that can be installed on
front yards facing a right-of-way.
5
Page 171 of 475
Agenda Item #14.
Per the Village Code, once a the Special Exception Use is approved by the Village Council; then,
the subject application is required to be reviewed under the Site Plan Review process. Per Article
IX, Division 2, Site Plan Review, the subject application will be heard by the Planning and Zoning
Board at the August 19, 2021 public hearing.
V. EXISTING BUILDING CONDITION
VI. PROPOSED FREESTANDING CROSS FACING US HWY ONE
0
Page 172 of 475
Agenda Item #14.
ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR SPECIAL EXCEPTION AND SITE PLAN MODIFICATION APPROVAL
CASE NO.: SEU 2-19, and FILED: Village of Tequesta
SPM 5-19 Date:
Time: nM ..—
IN RE: Gerald M. Barbarito DD JCL Bishop, Diocese of Palm Beach, Owner
REG Architects, Inc., Applicant
PROPERTY LOCATION: 204 N. U.S. Highway 1, Tequesta, FL 33469
LEGAL DESCRIPTION: 30-40-43, SLY 695.54 FT OF WLY 371.33 FT OF ELY 11.17.97 FT
OF GOV LT 2 LYG WLY OF & ADJ TO N US HIGHWAY 1, N 400 FT OF GOV LT 3 LYG
W:I_Y OF & ADJ TO N US HIGHWAY 1 & N 400 FT OF SW 1/4 I..,YG E OF & ADJ TO
LIGI I"I'IIOUSE COVE AT TEQ[.JF.,S-1"A CONDO'
PARCEL CONTROL NUMBER: 60-43-40-30-00-002-0120
REQUEST: Special Exception and Site Plan Modification to Remove Existing Cross From
Existing Front Roof Line and Install New Cross Below Existing Front Roof Line
ORDER GRANTING SPECIAL EXCEPTION AND SITE PLAN
MODIFICATION
These causes came on to be heard upon the above application and the Tequesta Village
Council having considered the evidence presented by the applicant and other interested persons at a
hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly
advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS:
The subject property is located in the MU Mixed Use zoning district in the Village of
Tequesta
2. The applicant submitted all documents required by the Village's Code of Ordinances for
Special Exception and Site Plan modification review and final action.
3. The application and all supporting documentation and presentation materials as reviewed
by the Village Council at its July 11, 2019 meeting, and as kept on file by the Village, are
made a part hereof and are hereby incorporated by reference.
4. According to sections 78-334 and 78-177(d)(14) of the Official Zoning Ordinance of the
Village of Tequesta, approval for special exception modification and site plan modifica-
tion by the Village Council is required.
Page 1 of 2
Page 173 of 475
Agenda Item #14.
5. The applicant has applied for approval of a special exception modification and a site
plan modification to remove the existing cross from the existing front roof line of the
church and install a new cross below the existing front roof line of the church, all as de-
scribed in the supporting documentation and presentation materials.
6. Under the Village Code of Ordinances, the Village Council has the right, power and
authority to act upon the Applicant's request.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The applications to remove the existing cross from the existing front roof line of the church and
install a new cross below the existing front roof line of the church, all as described in the supporting
documentation and presentation materials at the above -referenced property in the Village of Tequesta,
Palm Beach County, Florida, in accordance with the application and other materials reviewed and
considered by the Village Council and attached to this order as Exhibit A is hereby APPROVED.
Please note:
■ The term applicant(s) as used here shall include all successors and assigns.
■ The applicant's approval shall expire in twelve (12) months unless a building permit has been
obtained in accordance with Sec. 78-334(9). If the building permit expires or is voided, the site
plan approval also expires or becomes void.
DONE AND ORDERED THIS DAY OF JULY, 2019.
"pFTFQ•,,,,,, AYO ABIGAI BRENNAN,
�'Q�?n P0R,gj;G -VILLA E OF TEQUESTA
SEAL
LORI McWILLIAMS, MMC :,INCORPORATED
VILLAGE CLERK
Page 2 of 2
Page 174 of 475
Agenda Item #14.
av'ot o` rEOG��A
RCN COUNS{
VILLAGE OF TEQUESTA
Department of Community Development
345 Tequesta Drive
Tequesta, Florida 33469
Pla: 561-768-0451 / Fax: 561-768-0698
Nvww.tequesta.org
SPECIAL EXCEPTION USE APPLICATION
ADMINISTRATIVE APPROVAL
VILLAGE COUNCIL
HMeeting Date:
----------------------
DEPARTMENTAL USE ONLY
Ck. #
Fee:
Intake Date:
PROJECT #
i
----------------------'
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it is understood that
it shall only authorize that particular use described in this application and any conditions or safeguards required by the Village of
Tequesta.
PROJECT NAME: St. Jude Catholic Church - Cross Installation
PROJECT ADDRESS:204 N US Highway 1, Tequesta, Florida 33469
Applicant Name: Philip E Johnson Inc., Philip E Johnson - President
Applicant Address:14181 69th Dr N, West Palm Beach, FL 33418
Applicant Phone No:561-366-1034
Fax No:
Existing Use: Catholic Church
Cell No:561-662-8656
E-Mail Address: philjohnson73@hotmail.com
Description of Special Exception Use: �Nc' G/���i'C/f �� fxV X %5i i"Vrr �i� =%H 4 c Sr�c'/'!)vh/ <JS A A
a1'
The applicant will submit to the Village of Tequesta Department of Community Development the following documents for Planning
& Zoning Board review, forty-five business (45) days prior to the meeting date:
1. Current survey or site plan of property showing structures and setbacks.
2. Drawings to scale of proposed improvements requiring special exception use approval.
3. Written authorization from property owner if other than applicant.
4. All documentation required by Code: Chapter 78—Zoning, Division 3 — Special Exception Uses
S. Three (3) 11x17 size and one (1) 2436 size hard copies of all submittals and one (1) CD with PDF files and completed application.
6. List of all owners of property within a 300-foot radius of the boundary lines of the property for which a special exception is requested. The list
shall be provided by the applicant from the most recent tax roll information as provided by the county appraiser's office. The applicant must
furnish a n affidavit signed by the person responsible for providing the list. Stamped, self-sealing envelopes with a Village of Tequesta return
address label and the property owner label is required. Note: this is not required for requests which are reviewed administratively by the
Community Development Director.
7. Special Exception Use Application Fee:
a) Village Council: $500.00 PLUS Application Review Fee of $300.00 = $800.00
b) Administrative Review by Community Development Director: Application Review fee = $300.00
'J • cf �Q�Gyui Ut✓ 1/ Y, I L o Z 1
Applicant's Signat6re Date
To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and
special studies, the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30
days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be
grounds for not issuing a building or zoning permit, certificate of occupancy or completion. Costs associated with advertising for public
hearings and other public notice requirements are the responsibility of the applicant. The fee shall be paid prior to such application
being scheduled for a public hearing requiring notice.
175 of 475
Agenda Item #14.
PHILIP E JOHNSON INC
14181 69TH DR N
WEST PALM BEACH, FL 33418
July 13, 2021
Village Board
Planning & Zoning Board
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Re: Justification letter for St. Jude Catholic Church — Cross Renovation, Tequesta, Florida
To whom it may concern,
St. Jude Catholic Church is requesting approval to install a Cross on the East lawn of the church
facing US 1.
A welcome addition to St. Jude.
Please do not hesitate to contact us with any questions or comments.
Sincerely
Philip E Johnson Inc
Philip E Johnson
President
Page 176 of 475
Agenda Item #14.
PHILIP E JOHNSON INC
1410clow-1 IK
14181 69TH DR N
WEST PALM BEACH, FL 33418
Department of Community Development
Village of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
RE: Special Exception Use Application Criteria Responses for St. Jude Catholic Church — Cross
Renovation, Tequesta, Florida
REG #18025 Sec. 78-363. - Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall be permitted
only upon authorization of the village council provided that such uses shall be found by the village
council to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
Response: Yes, the existing Catholic Church is a permitted special exception use as a place of
assembly (1,515 SF or more) under the mixed -use zoning district, which the property is located in.
(2) The use is so designed, located and proposed to be operated so that the public health, safety,
welfare and morals will be protected.
Response: St. Jude Catholic Church shall continue to be operated so that the public health, safety,
welfare, and morals will be protected.
(3) The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
Response: There is no change to the property's existing use as a place of assembly (Catholic Church)
and therefore it will not cause substantial injury to the value of the other property in the
neighborhood where it is located.
(4) The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
Response: St. Jude Catholic Church is existing and therefore has no impact on the existing
compatibility with the adjoining development(s) and the proposed character of the district.
Page 177 of 475
Agenda Item #14.
(5) Adequate landscaping and screening is provided as required in this chapter.
Response: No site work is proposed; the scope of work is limited to the installation of a Cross on the
lawn at the east entrance. The existing landscaping and screening shall remain, any landscaping
disturbed as a result of the scope of work shall be returned to its original state to be in compliance
with the requirements of this chapter.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to
cause minimum interference with traffic on abutting streets.
Response: No site work is proposed; the existing off-street parking, loading, and ingress and
egress shall remain as is. Note the existing off-street parking is a combination of asphalt and
grass spaces, which increases the open green/permeable space. Additionally, there is more than
one point of ingress and egress from the site facilitating the dispersal of traffic before and after
mass. The main point of ingress and egress is from US1 and the secondary is from Village Blvd.
Sec. 78-364. - Findings required for approval.
Before any special exception to which this division applies as set forth in section 78-362 is
granted, the village council shall apply the standards set forth in this division and shall
determine that satisfactory provision and arrangement of the following factors have been met
by the petitioner, where applicable:
(1) Compliance with all elements of the village comprehensive plan.
Response: St. Jude Catholic Church is existing; it is a permitted special exception use as a place
of assembly (1,515 SF or more) under the mixed -use zoning district. It is also designated as
mixed -used as per the future land use map. This existing facility is consistent with the intent of
the current village comprehensive plan (2017).
(2) Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in
case of fire or catastrophe.
Response: No site work is proposed; the existing ingress and egress components are to remain.
The main point of ingress and egress is from US1 and the secondary is from Village Blvd. These
two points of ingress and egress increase the accessibility of the site and facilitates the dispersal
of traffic. There is an interconnected series of existing sidewalks ioining the site and parking with
the existing building structures promoting pedestrian safety and convenience. Additionally,
Police Officers facilitate the flow of traffic and control at holiday mass and other special events,
which have higher attendance rates than Sunday Mass; at the same time providing additional
pedestrian safety. Lastly, the existing buildings are easily accessed by fire rescue vehicles using
the existing looped roads within the site.
(3) Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
Page 178 of 475
Agenda Item #14.
Response: No site work is proposed; the existing off-street parking and loading area is to remain.
The existing parking is dispersed throughout the site, with asphalt spaces immediately adjacent
to the buildings for convenience and accessibility. The bulk of the parking is to the rear of the
site concealed from both US1 and Village Blvd. These grassy spaces are laid out to align with the
site loop roads around the exiting buildings and site perimeter facilitating the safety, flow, and
control of traffic; as well as pedestrian safety. The clear delineation of parking aisles and site
loop roads also supports the easy access of fire rescue vehicles.
(4) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
Response: Nuisance factors including but not limited to noise, odor, smoke, glare, electrical
interference and/or mechanical vibrations are negligible or not applicable based on the existing
site plan, use, and function of St. Jude Catholic Church. As part of the permitted special
exception use for places of assembly all presentations and events shall be conducted entirely
within the building resulting in minimal noise during mass and other activities. Odor and smoke
are more prevalent issues with restaurants, these nuisances are not applicable to this use. The
existing site lighting and equipment locations appear to have been designed to eliminate /
minimize glare and electrical interference and/or mechanical vibrations. The existing building
setbacks from the property line positively contribute to mitigating any potential nuisance factor.
(5) Utilities, with reference to location, availability and compatibility.
Response: No site or utility work is proposed with the proposed cross modification work. The
existing utilities to remain.
(6) Screening and buffering, with reference to type, dimensions and character.
Response: No site work is proposed; the existing mature oak trees (+/-20 ft height) spaced +/-30
ft o.c. and a continuous hedge of Eugenia shrubs (+/-6 ft height) along the perimeter of the
property provide screening and buffering from the adjacent properties. Note there are some
existing site walls and fences on the subject and adjacent properties that add additional
screening to the landscaping.
(7) General compatibility with adjacent properties and other property in the district.
Response: There is no change to the existing use and function of St. Jude Catholic Church
therefore the existing compatibility between the church and the adjacent properties shall be
maintained.
(8) Whether the change suggested is out of scale with the needs of the neighborhood or the
village.
Response: The scope of work is to install a cross on the east lawn facing US1.The proposed
scope of work is congruent with the existing massing and scale of the church structure and
therefore consistent with the needs of the neighborhood or the village.
Page 179 of 475
Agenda Item #14.
(9) Any special requirements set out in the schedule of site regulations in section 78-143 for the
particular use involved.
Response: The schedule of site requirements for the mixed -use district is set forth by section 78-
180 MU mixed -use district. There are no special requirements listed for places of assembly in
schedule of site regulations found in section 78-180.
Please do not hesitate to contact us with any questions or comments.
Sincerely,
Philip E Johnson Inc
�14 E ;i'�
Philip E Johnson
President
Page 180 of 475
Agenda Item #14.
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. -SITE PLAN REVIEW
DIVISION 3. - SPECIAL EXCEPTION USES
DIVISION 3. - SPECIAL EXCEPTION USES
Sec. 78-361. - Purpose.
Sec. 78-362. - Applicability.
Sec. 78-363. - Criteria.
Sec. 78-364. - Findings required for approval.
Sec. 78-365. - Imposition of additional conditions and safeguards.
Sec. 78-366. - Denial.
Sec. 78-367. - Reapplication after denial.
Sec. 78-368. - Time limit for commencement of use.
Sec. 78-369. - Optional pre -application review process.
Sec. 78-370. - Application; notice of hearing.
Sec. 78-371. - Filing fee.
Secs. 78-372-78-390. - Reserved.
Sec. 78-361. - Purpose.
The development and execution of a zoning ordinance is based upon the division of the village into districts, within which the
use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized,
however, that there are certain uses and features which, because of their unique characteristics, cannot be distinctly classified or
regulated in a particular district without consideration in each case of the impact of such uses and features upon neighboring uses
and the surrounding area, compared with the public need for them at particular locations. Such uses and features are therefore
treated as special exceptions. A special exception is not the automatic right of any applicant.
(Code 1977, app. A, § X(J)(1))
Sec. 78-362. -Applicability.
All initial requests for special exception uses as listed in this chapter, along with their related accessory uses shall be subject to
the requirements of this division. In addition, any modification to the use of a previously granted special exception, except for a
modification that changes said use to a permitted use as listed in this chapter, shall be subject to the requirements of this division.
Requests to expand, enlarge or revise the site of an existing special exception use shall be classified and processed pursuant to the
following three categories;
(1) Small scale, interior - interior expansion, enlargement or revision of less than ten percent of the originally approved special
exception site square footage and having construction costs of less than $100,00.00, once within any eighteen month
period (this category contemplates uses located in existing shopping centers or similar structures, where no change to the
overall building footprint is required).
Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in
the village clerk's office.
b. Review and approval is provided by the community development director, following which, the applicant may apply
for building permits.
Page 181 of 475
Agenda Item #14.
(2) Small scale, exterior - exterior expansion, enlargement or revision of less than ten percent of the originally approved
special exception site square footage and having construction costs of less than $100,00.00 once within any eighteen
month period (this category contemplates a change to the existing structure's footprint, and other site related revisions
that flow therefrom).
a. Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in
the village clerk's office.
b. Review and approval regarding the continuing special exception use is provided by the community development
director, following which, the applicant shall submit an application for site plan modification.
When reviewing small scale expansion, enlargement or revision, the community development director shall make a
determination that such expansion, enlargement or revision does not result in a violation of the requirements of sections
78-363 or 78-364, or a violation of any previously imposed condition of approval.
(3) Large scale - any expansion, enlargement or revision to the site of an existing special exception use that does not qualify
as either small scale interior or small scale exterior. Such expansion, enlargement or revision is subject to the
requirements of this division.
(Ord. No. 19-11, § 1, 11-10-2011)
Sec. 78-363. - Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall be permitted only upon authorization of
the village council provided that such uses shall be found by the village council to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
(2) The use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be
protected.
(3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(4) The use will be compatible with adjoining development and the proposed character of the district where it is to be
located.
(5) Adequate landscaping and screening is provided as required in this chapter.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
(Code 1977, app. A, § X(J)(2); Ord. No. 19-11, § 1, 11-10-2011)
Sec. 78-364. - Findings required for approval.
Before any special exception to which this division applies as set forth in section 78-362 is granted, the village council shall
apply the standards set forth in this division and shall determine that satisfactory provision and arrangement of the following factors
have been met by the petitioner, where applicable:
(1) Compliance with all elements of the village comprehensive plan.
(2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fire or catastrophe.
(3) Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this
section.
(4) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include
but not necessarily be limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations.
(5) Utilities, with reference to location, availability and compatibility.
(6) Screening and buffering, with reference to type, dimensions and character.
(7) General compatibility with adjacent properties and other property in the district.
4 Page 182 of 475
Agenda Item #14.
(8) Whether the change suggested is out of scale with the needs of the neighborhood or the village.
(9) Any special requirements set out in the schedule of site regulations in section 78-143 for the particular use involved.
(Code 1977, app. A, § X(J)(3); Ord. No. 19-11, § 1, 11-10-2011)
Sec. 78-365. - Imposition of additional conditions and safeguards.
(a) In addition to the criteria listed in section 78-363, the required approval findings listed in section 78-364 and specific conditions
for the particular special exception use listed within the applicable zoning district regulations, the village council may impose
other such conditions and safeguards as it deems appropriate in conformity with this chapter for the protection of the
surrounding properties and the neighborhood or general welfare of the public.
(b) If the special exception use is granted by the village council, the use must conform to all the applicable regulations governing
the district where it is located, except as may otherwise be determined for planned developments. Failure to comply with all
the applicable regulations governing the district as required by the site plan approval process will void the granted special
exception use.
(Code 1977, app. A, § X(J)(4); Ord. No. 19-11, § 1, 11-10-2011)
Sec. 78-366. - Denial.
Should the village council deny a special exception, it shall state fully for the record the reasons for doing so. Such reasons shall
take into account the factors under section 78-363 and all other conditions and particular regulations relating to the specific special
exception requested.
(Code 1977, app. A, § X(J)(5))
Formerly, § 78-365
Sec. 78-367. - Reapplication after denial.
(a) Whenever the village council has denied an application for a special exception, the village shall not thereafter consider any
further application for special exception on any part of or all of the same property for a period of 12 months from the date of
such action.
(b) The time limits of subsection (a) of this section may be waived by three affirmative votes of the village council when such
action is deemed necessary to prevent injustice or to facilitate the proper development of the village.
(Code 1977, app. A, § X(J)(6))
Formerly, § 78-366
Sec. 78-368. - Time limit for commencement of use.
(a) A special exception shall commence within 12 months from the date of grant of the special exception unless extended by
action of the village council; otherwise it is automatically rendered null and void.
(b) Commencement of a special exception occurs upon the issuance of a building permit, preliminary plat or site plan, or upon the
initiation of significant action to satisfy requirements for improvements contained in a development order or other regulatory
documents relating to the special exception.
(c) Only one extension shall be permitted by the village council and the extension shall not exceed six months. A written request
for such extension of time must be received by the village prior to the expiration of the grant of approval.
(d) Special exceptions granted to any governmental unit shall be exempt from the provisions of this section unless a time limitation
is made a specific condition of the special exception.
(Code 1977, app. A, § X(J)(7); Ord. No. 7-08, § 4, 4-10-2008)
Formerly, § 78-367
Page 183 of 475
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