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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_01/14/2010No Text After that realization, and with the understanding, that the criteria listed in 78-368 and 78-363 would have to be met, would move forward with the additional expenditures for compliance. There appears to me to be a simple solution that protects the Village and encourages individuals to come to Tequesta. That solution is to simply add and additional item to Sec. 78-362 that now contains seven (7) criteria, it could read something like this: I also believe the Village should make it abundantly clear to applicants that Sec.78-367 (time constraints) becomes affective immediately upon approval. As Sec. 78-368, Application: notice of hearing (a) is the guiding document for the application and could simply state the following; A written petition for special exception shall be submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested, with particular reference to the written findings under section 78-362 and other specific conditions, if applicable, which the Village Council shall address. Case in point would be the Council's recent approval for a Special Exception Use for Hanna's Home on County Line Road. Council granted them a Special Exception Use for the concept they provided under 78-362, items 1 thru 7. They will now have to move forward and satisfy the conditions listed under 78-363 and 78-368. This allows them time to secure the donations or funding to make that possible. I believe this is the correct and 21 sc century approach. The Village and Council will still have the opportunity to address all the necessary requirements during site plan review. By using the methods I have suggested, applicants will have a better feel for what they can accomplish and what they must accomplish. The Village still remains in control of every project brought forward. Jrh Page 1 of 1 Subj: draft special exception code revisions Date: 12/15/2009 4:38:59 P.M. Eastern Standard Time From: To: CC: Mr. Humpage: Attached please find our suggested revised language, incorporating the provision that you have created relative to making a connection between SE approval and site plan requirements. I suggest incorporating that language at Sec. 78-364. Written as attached, this would be a mandatory condition of any SE approval granted by the Village Council. The other revisions that I have drafted as attached move the "technical' requirements out of 78-363 and 78-368 and put them into 78-333 under the site plan application process. By doing this, we accomplish the goal of making the SE process more "use" driven and conceptual, while still requiring that the applicant ultimately comply with each and every technical requirement that currently exists in our code. I look forward to your further comments Keith W. Davis, Esq. Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Fax: (561) 586-9611 Board Certified by the Florida Bar in City, County and Local Government Law NOTICE: This e-mail and attachments transmitted with it may contain privileged and confidential information that is solely for the use of the named addressee. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or other use of this message or its contents and attachments is prohibited. If you received this in error, please notify the sender by reply e-mail and delete this message and destroy any copies or backups thereof. Thank you for your assistance. Wednesday, December 16, 2009 America Online: JRH33469 December 8th, 2009 RECONSIDERING SPECIAL EXCEPTION USE You know me, just trying to make things a bit easier and a bit more simplified. Believe me, my intentions for the Village are honorable, we just seem resistant to change even when it seems obvious. Many things have changed since our special Exception Code was first written in 1977 and the Village, in my opinion, needs to move into the 21St century. We have amended many of our codes for the better and to me; this seems to be in the same category. Here is an overview of my thoughts regarding: DIVISION 2. SITE PLAN REVIEW............Sec. 78-331 Sec. 78-362 CRITERIA Sec. 78-363 FINDINGS REQUIRED FOR APPROVAL Sec. 78-368 APPLICATION; NOTICE OF HEARING It should be noted that the Village has in the past years granted a "Special Exception Use" to other applicants by following the guidelines set forth in only Sec. 78-362. Granting a Special Exception "Use" under the guide lines of Sec. 78-362, in this writer's opinion is merely just that. It means the Village approves the property in question is suitable for that use, PROVIDED it meets with all the other criteria set forth in Site Plan Review, Sec. 78-363, Sec. 78-368 and Division 2 Site Plan Review, Sec. 78-331 thru Sec. 78-334. In reviewing DIVISION 2., SITE PLAN REVIEW it expressly addresses every item mentioned in 78-363 and 78-368. It is repetition in its finest form and in need of an overhaul. It is my belief that we are creating a burden to those individuals considering development in the Village. I for one would not initially expend large sums of money to find out if the Village would or would not allow a project to be approved. I would however expend the necessary funds required to see if the "USE" would be permitted. After that realization, and with the understanding, that the criteria listed in 78-368 and 78-363 would have to be met, would move forward with the additional expenditures for compliance. There appears to me to be a simple solution that protects the Village and encourages individuals to come to Tequesta. That solution is to simply add and additional item to Sec. 78-362 that now contains seven (7) criteria, it could read something like this: I also believe the Village should make it abundantly clear to applicants that Sec.78-367 (time constraints) becomes affective immediately upon approval. As Sec. 78-368, Application: notice of hearing (a) is the guiding document for the application and could simply state the following; A written petition for special exception shall be submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested, with particular reference to the written findings under section 78-362 and other specific conditions, if applicable, which the Village Council shall address. Case in point would be the Council's recent approval for a Special Exception Use for Hanna's Home on County Line Road. Council granted them a Special Exception Use for the concept they provided under 78-362, items 1 thru 7. They will now have to move forward and satisfy the conditions listed under 78-363 and 78-368. This allows them time to secure the donations or funding to make that possible. I believe this is the correct and 21St century approach. The Village and Council will still have the opportunity to address all the necessary requirements during site plan review. By using the methods I have suggested, applicants will have a better feel for what they can accomplish and what they must accomplish. The Village still remains in control of every project brought forward. Jrh Yage 1 of 1 Subj: draft special exception code revisions Date: 12/15/2009 4:38:59 P.M. Eastern Standard Time From: To: CC: Mr. Humpage: Attached please find our suggested revised language, incorporating the provision that you have created relative to making a connection between SE approval and site plan requirements. I suggest incorporating that language at Sec. 78-364. Written as attached, this would be a mandatory condition of any SE approval granted by the Village Council. The other revisions that I have drafted as attached move the "technical" requirements out of 78-363 and 78-368 and put them into 78-333 under the site plan application process. By doing this, we accomplish the goal of making the SE process more "use" driven and conceptual, while still requiring that the applicant ultimately comply with each and every technical requirement that currently exists in our code. I look forward to your further comments. Keith W. Davis, Esq. Corbett and White, P.A. 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Fax: (561) 586-9611 Board Certified by the Florida Bar in City, County and Local Government Law NOTICE: This a-mail and attachments transmitted with it may contain privileged and confidential information that is solely for the use of the named addressee. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or other use of this message or its contents and attachments is prohibited. If you received this in error, please notify the sender by reply e-mail and delete this message and destroy any copies or backups thereof. Thank you for your assistance. Wednesday, December 16, 2009 America Online: JRH33469 DIVISION 2. SITE PLAN REVIEW Sec. 78-331. Required; development standards; required facilities and infrastructure. By the terms of this chapter, all permitted uses in all zoning districts except R-lA and R- 1, all special exception uses as approved by the village council, all planned residential development (PRD), planned commercial development (PCD), and planned mixed-use development (PMUD), all miscellaneous development and redevelopment, all subdivisions, and all uses or construction lying partially or entirely in special flood hazard areas shall comply with the following: (a) Site plan review is required. (b) Conceptual review of the overall development, if phased, is required. (c) The development shall conform to all minimum requirements of this chapter and any other applicable laws and regulations. (d) The development shall be compatible with the intent of the zoning district wherein it is proposed to be located and compatible with adjacent land uses. (e) No building permit shall be issued for the purpose of erecting any structure or building, or for structural alterations in any existing structure or building, until after the planning and zoning advisory board has reviewed and made recommendations to the village council, and the village council shall have finally approved the site plan in accordance with this section. (f) No building permits or development orders shall be issued unless public facilities and services which meet or exceed the adopted level of service standards are available concurrent with the development impacts. Compliance with this requirement may be accomplished through one or more or a combination of the following processes: (1) Installation of all required public facilities/infrastructure/services prior to or concurrent with the development impacts. (2) Phasing of all required public facilities/infrastructure/services: a. By local government (capital improvements element). b. By the developer (development agreements). (3) Phasing of the development. (g) All proposed development and or redevelopment shall be coordinated with and/or obtain approvals and/or permits from the following agencies: (1) Palm Beach County Health Department (2) Palm Beach County Fire/Rescue (Fire Marshal). (3) Loxahatchee River Environmental Control District (ENCON). (4) Department of Environmental Resources Management (DERM). (5) South Florida Water Management District (SFWMD). (6) Florida Department of Transportation (FDOT). (7) West Palm Beach Urban Area Transportation Study (WPBUATS). (8) Metropolitan Planning Organization of Palm Beach County (MPO). (9) Palm Beach County Traffic Engineering Division. (10) Martin County Metropolitan Planning Organization. (11) Martin County Traffic Engineering Department. (12) Florida Power & Light Company. (13) Telephone service purveyor. (14) Solid waste purveyor. (15) Tequesta Water Department. (16) Other municipal, county, state and/or federal agencies as may be applicable. Evidence of final acceptance by agencies listed in this subsection of the development or redevelopment project must be submitted to the village prior to the issuance of certificates of occupancy or of final acceptance by the village. (h) All new development and/or redevelopment must provide the necessary infrastructure to meet the following level of service standards. Each application submitted pursuant to this section shall be required to provide a certification from a licensed engineer in the state that the proposed development and/or redevelopment meets or exceeds the level of service standards for the listed infrastructure as follows: (1) Traffic (roads and rights-of--way). TABLE INSET: Roadway Type (LOS) Standard (LOS) Peak Collector C D (Except for Country Club Drive and Seabrook Road, which shall be) C C Urban minor arterials C D Principal arterials C D (2) Sanitary sewer. TABLE INSET: Category Maximum Monthly Daily Flow Maximum Daily Flow (MSF) (MMDF) Residential 93 gallons/capita day 100 gallons/capita/day Nonresidential 478 gallons/acre/day 516 gallons/acre/day (3) Drainage. A public drainage facilities level of service standard of a three-year frequency, 24-hour duration storm event is hereby adopted, and shall be used as the basis of estimating the availability of capacity and demand generated by a proposed development project. As a general drainage requirement, each proposed project and/or site must maintain 95 percent of all stormwater runoff on-site. (4) Potable water. The following potable water level of service standards are hereby adopted and shall be used as the basis for estimating the availability of facility capacity and demand generated by a proposed development project: a. Average day water consumption rate: TABLE INSET: Residential 120 gallons/capita/day Nonresidential* 2020 gallons/acre/day *includes irrigation. b. Maximum day water consumption: TABLE INSET: Residential 180 gallons/capita/day Nonresidential* 3030 gallons/acre/day *includes irrigation. (5) Recreation level of service standards table. TABLE INSET: Area activity (unit/population Classification standard Neighborhood parks 2 acres/1,000 Community parks 2 acres/1,000 Beaches 1 mile/31,250 Golf courses 9 holes/30,000 Tennis 1 court/2,500 Basketball 1 court/2,500 BasebalUsoftball 1 field/7,200 FootbalUsoccer 1 field/4,800 Playground areas 1 acre/3,600 Beach access easements 1 per 1/2 mile of developed or redeveloped beach frontage (i) The development shall meet the requirements of the Year 2015 Cost Feasible Transportation Plan (WPBUATS). (j) The development shall project for the reservation and preservation of existing and future rights-of--way as may be determined by the village and in conformance with the county and village right-of--way protection plan. (k) Site plans shall be required which incorporate innovative urban, architectural, and/or engineering design of impervious areas (e.g., parking lots) to maximize the retention of rainfall to these areas which will increase the recharge of groundwater while reducing stormwater runoff. (1) All new developments shall be required to limit post-development surface water runoff rates and volumes to predevelopment conditions. (m) All proposed new development and major redevelopment within the coastal building zone of the village must provide for the dedication of public access easements meeting the adopted level of service standards. (n) All proposed new development and major redevelopment, as part of the site plan review and subdivision review process, shall submit adrainage/environmental statement describing how the proposed development will affect the estuarine water quality of the class III waters of the village, and also an environmental impact assessment study prepared by a qualified ecologist or other professional qualified to do such an assessment. The study shall meet the requirements of chapter 50, article II, pertaining to environmentally sensitive lands. (o) New development and redevelopment shall not be permitted within the coastal high- hazard area of the village as defined in section 78-773 except in accordance with the mandates of section 78-789. (p) Notification of neighboring jurisdictions of any external impacts that a proposed project might have within those jurisdictions and assessment and mitigation of those impacts shall be required. (q) Determination of needed public facility improvements shall be made during the site plan and/or subdivision review process and prior to the issuance of a development order and building permit. (r) Stormwater management facilities including curbs, gutters, piping, culverts, ditches, etc., shall be provided based on engineering calculations and design standards to ensure that all drainage improvements are in conformance with chapter 74, article IV. Sec. 78-332. Preapplication meeting. A preapplication meeting called by the building official between appropriate village officials, the landowner or representative, and other entity representatives deemed appropriate shall be required prior to application submittal for site plan review to ensure proper coordination, intention and understanding in the development of land and buildings and to consider compliance with applicable village regulations. See section 78- 331(g) for a list of possible preapplication meeting attendees. The applicant is responsible for properly notifying the various affected agencies in the list of the time, place and subject of the preapplication meeting. Sec. 78-333. Contents of application. (a) Applications for site plan review shall be filed with the building official and shall include those of the following information items that are applicable: (1) Statements of unity of title, warranty deed, or purchase contract of the subject property. (2) Statement describing in detail the character and intended use of the property. (3) General location map, showing relation of the site for which site plan approval is sought to major streets, schools, existing utilities, shopping areas, important physical features in and adjoining the project, and the like. (4) Fifteen copies of a site plan containing the title of the project and names of the architect, engineer, project planner and/or developer, date, and north arrow, and based on an exact survey of the property drawn to a scale of sufficient size to show: a. Boundaries of the project, any existing streets, buildings, watercourses, and easements, and section lines. b. Exact location, use, height, and bulk of all buildings and structures. c. A comprehensive traffic study, which shall be provided by an engineering firm mutually agreed upon by both the village and the applicant. The study shall include but not be limited to access and traffic flow and volume, and how vehicular traffic will be separated from pedestrian and other types of traffic. The cost of this study shall be paid by the applicant. d. Off-street parking and off-street loading areas, including refuse and service areas. e. Recreation facilities locations. f. All screens and buffers. g. Refuse collection areas. h. Location, availability and compatibility of utility service. including access z4ssess to utilities and points of utilities hookups and location of all fire hydrants close enough for fire protection. i. Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various uses, ground coverage by structures and impervious surface coverage. j. Tabulations showing the derivation of numbers of off-street parking and off-street loading spaces and total project density in dwelling units per acre, if applicable. (5) If common facilities (such as recreation areas or structures, common open space, etc.) are to be provided for the development, statements as to how such common facilities are to be provided and permanently maintained. Such statements may take the form of proposed deed restrictions, deeds of trust, surety arrangements, or other legal instruments providing adequate guarantee to the village that such common facilities will not become a future liability for the village. (6) Preliminary storm drainage and sanitary sewage plans or statements. (7) Architectural elevations for buildings in the development, and exact number of units, sizes and types, together with typical floor plans of each type. (8) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation systems. (9) Plans for signs and exterior lighting. including reference to Aare. traffic safety and neighborhood compatibilitv~y. (10) Plans for recreation facilities, if any, including buildings and structures for such use. (11) Plans for the extraction of fill and mineral resources and alterations or modifications to the slope, elevation, drainage pattern, natural vegetation and accessibility of the development. (12) Such additional data, maps, plans or statements as may be required by the village for the particular use or activity involved, including impacts on affected community facilities and services created by the development. For commercial uses. office uses and es other than residential. this shall include. as applicable. the estimated square footage of the structure. the number of employees. the estimated seating. the estimated number of users of the facility. such as members. students and patients. and the proposed hours of operation. (13) Such additional data as the applicant may believe is pertinent to the site plan. (14) If development is to occur in phases, those phases should be clearly delineated on the site plan and identified in the plans and requirements appurtenant to that site plan, and each development phase shall be subject to site plan review by the village. (15) The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structures, including proposed easements or grants for public utilities, if applicable. (16) A statement from the applicant .that the submitted site plan is consistent with the goals, objectives, and all other provisions of the village comprehensive development plan, and further that the projected use is specifically authorized by development ordinances and regulations. The statement shall include, but not be limited to, specific references to those sections of the comprehensive plan relating to the proposed development. (17) A statement from the applicant or landowner that all pertinent permits are concurrently being sought from the applicable county, state, and federal agencies. Such permits shall be secured prior to the issuance of a building permit for any development on property included within the site plan. (b) Items listed in subsection (a) of this section in the application content which require the preparation of architectural or engineering drawings shall be prepared and certified by an engineer or architect registered in the state. Land surveys, site plans and plans and requirements appurtenant to site plans shall be prepared and certified by a registered surveyor, engineer, architect or landscape architect, or a practicing land planner, as may be appropriate to the particular item. (c) Any item submitted as part of the application content which requires modification at any time during the site plan review process by the village may be so modified without resubmittal of an entirely new application; provided, however, that the modification is approved by the building official and village council and is determined to be consistent with the terms and intent of this section and the zoning district in which the site is located. Sec. 78-334. Application and review process. Applications for site plan review shall adhere to the following procedures and requirements: (a) Preapplication meeting. A preapplication submittal meeting shall be held with the applicant and his design team and the building official and his development staff. (b) Review by community development director. The community development director or designee shall review the submitted site plan, and plans and requirements pertinent to the site plan, to ensure compliance with the applicable site regulations, use regulations, parking regulations and all other technical requirements. If the application is deemed by the community development director or designee to be at variance with such regulations and requirements, further action on the site plan review shall be stayed until such variance is resolved or appropriate application is made to the board of adjustment or the village council, as appropriate, and the necessary variance is granted in accordance with article III of this zoning ordinance. If the application is deemed by the community development director or designee to be in compliance with such regulations and requirements, the application and all .exhibits and any additional comments of the community development director or designee and the development review staff concerning such application shall be submitted by the community development director or designee to the planning and zoning advisory board. The community development director or designee shall submit such application for planning and zoning advisory board review within 45 days of receipt of a completed application. Within 45 days of review by the planning and zoning advisory board, the community development director or designee shall then submit such application, including the recommendations of the planning and zoning advisory board, for village council review. (c) Review by planning and zoning advisory board. Upon receipt of all required plans, exhibits and support documents from the building official, including but not limited to 15 copies of a current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits deemed appropriate by the community development director or designee and the development staff, the planning and zoning advisory board shall hold a public hearing to review, consider and make recommendations to the village council regarding the application. Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which site plan review is sought or his agent or attorney designated by him on the submitted application shall be notified by mail of the date and time of the hearing. (d) Review by village council. Upon receipt of all required plans, exhibits and support documents from the building official, including but not limited to 15 copies of a current survey, proposed site plan, landscape plan, site lighting plan, building elevations, color renderings, color samples, roof material sample and any other exhibits deemed appropriate by the community development director or designee and his development staff, the village council shall hold a public hearing to review, consider and act upon the application. Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the properly for which site plan review is sought or his agent or attorney designated by him on the submitted application shall be notified by mail of the date and time of the hearing. (e) Action by village council. After review, the village council shall grant approval, with conditions, or deny the application and direct the building official to approve or withhold approval of the building permit. (f) Approval granted with conditions. When certain conditions are attached to the site plan review, the conditions shall be stated in writing on the order granting site plan review and shall become a part of the approved site plan. (g) Developer's agreement. The village council may require an applicant to enter into a developer's agreement with the village if the village council deems such agreement appropriate. If a developer's agreement is required of an applicant, it shall be set forth in a recordable form, acceptable to the village attorney. (h) Time limit for application for building permit. A building permit must be issued within one year of the date of the site plan approval or the approval shall be nullified. In the case of a site plan which provides for development phases over a period of years, the village council shall set forth time within which application for building permit on each phase shall be filed. If applications for building permits are not issued within these times, the approval shall terminate and be deemed null and void unless such time period is extended for one more year only by the village council upon written request of the applicant, submitted to the village, prior to expiration of the site plan. (i) Application fee. (1) Administrative costs. To cover all administrative costs incurred by the village in the site plan review process, the applicant shall, upon submittal of the application for site plan review, pay a fee in an amount as established by resolution of the village council and on file in the village clerk's office. (2) Additional costs. To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consulting fees, attorneys' fees, advertising costs and special studies, the applicant shall compensate the village for all such costs prior to the processing of the application, not later than 30 days after final application approval, whichever is determined as appropriate by the community development director or designee. Secs.78-335--78-360. Reserved. DIVISION 3. SPECIAL EXCEPTION USES 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. Sec. 78-362. Criteria: Findings required for approval. Special exception uses and their related accessory uses or any expansion, enlargement, or modification of an existing special exception use shall be permitted only upon authorization of the village council. Before anv special exception is eranted. however. the village council shall determine that the applicant has met and complied ~e ^'' ~ °''^"'~° ~ •~^a''° +''° t,:"^^° ^ ^~' +° ^ ^'~~ with the following requirements and other applicable requirements as set forth in this chapter: (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, welfaze and morals will be protected. (3) The use will not generate nuisance factors including but not limited to noise. odor s oke. glaze. electrical interference and/or mechanical vibrations detrimental to adiacent and neazbv properties and the village as a whole. Moreover. 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 open space. landscaping. buffering and screening is provided as required in this chapter. (6) Adequate off-street pazking and loading is provided and ingress and egress is so designed as to cause minimum interference with pedestrian and vehiculaz traffic provide for appropriate emergency access • ets. (7) The use conforms #~ w all applicable regulations governing the district where located, except as may otherwise be determined for planned developments. Sec. 78-363. Reserved . cxn-ivrivvrmg-tcsccrnTazccw .......a .....~ ..,~ ....~ t.....,,..,....~, .. ~~......,."Z..1..~~......,~.,. /1 \ (''......,1;^,,..° ..~+1..,17 °t°.,~.°„+~ .,F+1,° ,r;ll^.~° .,.,~,~,.,r°l,°„~;.~° „1_.~ > > • E ~vzazrc !7\ C..«oo ico~ `v'iicari°c .,;..,......1 1.., rcr~cnc°c-cv-rvc ,~F ,-:,,., ,;+1. ~~ ucro"s,-u`v'z"murn «oF ..o.,..o +., +.~„o .i; ~ .,,o.~~;. crorm7: ,..~ .,...a ..1. ~t~~.+o,- > > > > ~~~ @: Sec. 78-364. Imposition of additional conditions and safeguards. In addition to the standards listed in section 7g-362 78-~ and specific conditions listed for each particular special exception listed within any particular zoning district, villa>7e council shall require. as a condition of approval for anv special exception. that the a plicant comply with all applicable requirements of Division 1. Generallv.. and with all requirements of Division 2. Site Plan Review. as set forth in this Article.. In addition. 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. Sec. 78-365. 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- 362 ~ and all other conditions and particular regulations relating to the specific special exception requested. Sec. 78-366. 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. Sec. 78-367. 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. Sec. 78-368. Application; notice of hearing. (a) A written petition for special exception shall be submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested, with particular reference to the written findings under section 78_362 ~S- ~3 and other specific conditions, if applicable, which the village council shall address. The petition shall include all material necessary to meet the requirements of the development concept plan listed in subsection (b) of this section and any additional information that will demonstrate that the grant of special exception will be in harmony with general intent and purpose of this chapter. (b) A petitioner seeking special exception approval shall submit a development concept plan on one or more sheets of paper measuring not more than 24 by 36 inches and drawn to a scale not smaller than 100 feet to the inch. The following shall be provided on the development concept plan: (1) Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage. (2) The boundaries and dimensions of the property and its relationship to the surrounding road system, including the width of the existing travelway (pavement). > > bezcinvPC~ 3~ ~) Identification of surrounding land use, zoning and existing buildings within 100 feet of the petitioned site, as well as the zoning of the petitioned site. ~4 (~ A layout of the proposed lots and/or building sites including the following conceptual information ~: ~;..;..~,oa ~,,,,,,. ono.,,,+;~.. ~ r~ ~. ° . a. ~: Generalized buffer areas. b. ~: Internal circulation patterns including off-street parking and loading facilities. c. ~ Proposed Tetal project density or intensity of use, as applicable. 1}: Persen~tge~€epen Open space areas. e. ~ The shape, size, location and height of all structures ~- -/ - -- --------~+~ -~-~ ~..-.., v+++vv w/v/ KLaK MUV U Vl1iV , i t j l ~ ~ f jai 't' 1 7 • rr-n r~r m~m vic E~,t nncracLag ~1 1) Rr~ , - ~ ~~ ~ o +' .~ + .. ~n , ., ~ ,,...t..,.,. +, a + a + t r r V1 V 1 uvn ° ° n,o ~~ Z1 C' t 4' 1 .t 4 4• .C ~5 (~ A legal description of the land proposed for especial exception use de~ep~ext. (c) The application shall be reviewed by the land development staff within 30 days of the submission deadline. Upon land development staff review and analysis of all submitted materials, the building official shall forward a recommendation to the village council. (d) A public hearing shall be held by the village council. The property owner may appear personally or by agent or attorney. (e) Notice of public hearing shall be advertised a minimum often days in advance of the public hearing in a newspaper of general circulation in the area. The owner of the property for which special exception is sought or his agent or attorney designated by him on the submitted petition shall be notified by mail of the date and time of the hearing. Notice shall be given by mail to 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 of property owners within the stated radius 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 an affidavit signed by the person responsible for providing the list. Notwithstanding any other provision contained in this section, failure to provide written notice to any adjacent property owners shall not constitute a jurisdictional defect provided that proper legal notice has been published. Sec. 78-369. Filing fee. Upon filing an application for special exception, the applicant shall pay a fee to the village at the time of filing of such application. The fee shall be in an amount as established by resolution of the village council and on file in the village clerk's office, shall not be reimbursable, and is intended to defray costs of administering, processing, and reviewing the application. Additionally, to cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consulting fees, attorneys' 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 community development director. Secs. 78-370--78-390. Reserved.