HomeMy WebLinkAboutMinutes_Workshop_02/22/2010 MINUTES
VILLAGE OF TEQUESTA
WORKSHOP MINUTES
FEBRUARY 22, 2010
CALL TO ORDER AND ROLL CALL
The meeting was called to order by Mayor Pat Watkins at 2:03 p.m. A roll call was taken by
Village Clerk Lori McWilliams. Present were: Mayor Pat Watkins, Vice -Mayor Tom Paterno,
Council Member Vince Arena, Council Member Jim Humpage, and Council Member Calvin
Turnquest. Also in attendance were: Village Manager Michael R. Couzzo Jr., Attorney Trela
White, Village Clerk Lori McWilliams and Department Heads.
1. Discussion on Special Exceptions and Proposed Ordinance 1 -10 — Amending The
Village Code Of Ordinances At Chapter 78 Zoning. Article IX. Supplemental
Regulations. Division 2. Site Plan Review. And Division 3. Special Exception
Uses. By Amending These Divisions To Relocate Certain Approval Criteria From
The Special exception Approval Process To The Site Plan Review Process
Council Member Humpage offered his opinion and explained his proposal. He noted Council
would not lose any authority in changes to property and the contractor would have to go
through a rigorous process before a special exception would be given. He pointed out the
change was only to save money and time in the beginning of the process.
Mayor Watkins commented on the safeguards in Section 78 -364, and advised that the Village
was working with the Village Attorney to fine tune the Village Code. Vice Mayor Paterno
referenced Section 78 -362 and his concerns with not getting all the information up front and
things getting by Council. Mayor Watkins expressed her opinion that Council would have
sufficient information to make a determination. Council Member Humpage stated that the
applicant would be advised that all criteria must be met in the beginning.
Attorney White explained the special exception approval procedures. She pointed out the
individual would then need to go through site plan approval with similar actions and Council
could impose reasonable conditions of approval at that time.
Vice Mayor Paterno voiced his concerns. Council Member Humpage concurred with the Vice
Mayor and offered another Village property as an example where Council would deny if they
were not comfortable with what was being offered. He stated the special exception afforded
the developer the opportunity to know if what they proposed would be obtainable while
maintaining the ability for Council to say no.
Council Member Arena confirmed with Attorney White that Council could impose additional
conditions to the first seven requirements, so long as they were reasonably related to the
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impact. Attorney White explained general limiting conditions and special limiting conditions.
Council Member Turnquest felt it would be in a developer's best interest to consult those in the
area that would be impacted by his project first and going through the seven steps before
coming before the Council.
Frank Harding, 1 Bunker Place, made comments on behalf of his wife, Catherine, who was in
the hospital. Ms. Harding was opposed to the proposed changes being contemplated in
proposed Ordinance 1 -10.
Ms. Russell expressed her opinion there was no compelling reason to change the ordinance
and without all the facts up front an informed decision could not be made.
Lewis Lowawski, Riverside Oaks, felt there was a lot of zeal to alter the ordinances when it
would not affect much else in the Village, and felt there was no sense in making a change at
this point.
Mayor Watkins felt it came down to whether the Council believed there would be enough
information with the first seven requirements. Council Member Arena used as examples the
old train station property where someone might want to put in a water park, and someone who
might want to purchase a restaurant and put in a business there not zoned for that area, to
show this was not just about developers, but could be any applicant. Council Member
Humpage indicated the Bourassa purchase had been the catalyst for this and he had initially
been opposed, but then canvassed the neighbors that would be impacted and learned their
preference. He also made the point that additional ad valorem would assist the Village in
reducing taxes and maintain the quality of Village life, and felt that due diligence and talking
with people in the affected areas, the Village could keep moving forward.
Mr. Lowawski indicated Riverside Oaks was concerned with what they could not see; Council
Member Humpage explained there was a deed restriction that went with the land. Council
Member Turnquest indicated he was not against Mr. Bourassa getting his special exception to
allow doing the ALF but was against changing the ordinance to make it easier to go around the
existing requirements to get what they wanted. The Village Attorney clarified the proposal was
a two -step process and the seven criteria were quite extensive. Vice Mayor Paterno agreed
with Council Member Turnquest, described what had happened with the Bourassa project, and
indicated he did not understand why a change should be made now.
Frank D'Ambra commented on the importance of consistency in applying zoning, and indicated
he did not see the need for a change.
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Attorney White advised that this was either asking for everything up front or a portion up front
and the rest within 12 months, and that was all this was about. Both were valid philosophies,
so it was just a matter of deciding which the Council felt was more appropriate for the code.
During ensuing discussion, Frank D'Ambra expressed his opinion that once a special
exception had been granted, the Council's ability to say no later on was restricted. Mayor
Watkins reviewed the changes that were proposed and Attorney White indicated that with the
changes the first seven items had more teeth and now included most of 78 -363 except the
exact layout of parking lots, which would be done at site plan review. Vice Mayor Paterno
commented he felt the existing process had worked for Mr. Bourassa. Mayor Watkins asked
to look more globally than the Bourassa project.
Abby Brennan, 23 Tradewinds Circle, posed questions regarding selling the property, and what
would happen if a developer did not do what he was supposed to do. She expressed her
opinion that staff could handle the application and if something was not done that was
supposed to be done then it would never need to go to Council. She also asked about selling
to a not for profit, and was advised the Village could not control who a resident sold their
property to.
Frank Harding commented a lot of towns solved this by allowing a developer to be heard by
the Planning Board for waiver of certain requirements, which put the burden on the developer
to come forward and state what unreasonable things he was being asked to do and why
certain items were not needed. Many municipalities had a formal concept review procedure
where for a minor fee a developer could present limited documents to the appropriate agency.
Mr. Harding also commented the developer was putting the covenant on record, with no
consideration.
Council Member Humpage thanked everyone for their participation in this matter.
2. Any Other Matters
Mayor Watkins announced the first informal bridge session would be held on March 1 at 4:30
p.m.
Vice Mayor Paterno suggested the businesses have something like a green market/business
expo at Paradise Park, possibly once a month. He also expressed his opinion that the sign
ordinance needed to be considered next. Mayor Watkins advised that the business owner
representatives would be meeting the next day to draft language for Council to consider with
the sign ordinance. Council Member Humpage noted the sod needed to be rolled at Paradise
Park, as people were having trouble walking there.
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Village Manager Couzzo received Consensus of Council to move forward with formulating a
plan for a green market or a forum where businesses could advertise and the Village could
waive sign restrictions so people could do something creative.
ADJOURNMENT
Upon motion by Council Member Turnquest, seconded by Council Member Arena, and
unanimously carried, the meeting was adjourned at 3:52 p.m.
Respectfully submitted,
Lori McWilliams, McWilliams, CMC
Village Clerk