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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 Minutes — Workshop 2/22/10 Page 2 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. Minutes —Workshop 2/22/10 Page 3 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. Minutes —Workshop 2/22/10 Page 4 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