HomeMy WebLinkAboutDocumentation_Special Meeting_Tab 01 _02/22/2011 Memorandum
To: Mayor, Vice Mayor and Village Council
Michael Couzzo, Village Manager �°�
� ¢
�`
From: James M. Weinand, Dir. of Community Dev./Fir
�
Date: February 15, 2011 �
Subject: Processing a Special Exception applicatio,�i"le
zoning is in progress.
We have had a request to start processing GMH's Special
Exception application, in the event that the zoning text
amendment is granted. The first reading was passed on January
13, 2011 and it is proposed for second reading consideration on
March 10, 2011. Normally we do not accept an applications
without the proper zoning in place. The Village Code of
Ordinances Sec. 78-368(c}, states that "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."
The land development staff may not be able to comply with 30 day
submission deadline standard. As a department director l do not
have the authority to deviate from the Code.
If the Village Council wishes to grant this request, my staff
with complete the process in an expeditious and through manner.
m:\administration documents\village manager\agenda item gmh special exception process.doc
aGSItW O�IC7sd
�a�, eL1�tr�c� �' ��an
PRQ�'�SSIOIVAL ASSOC[ATMO(Y
JOHN W. GARY, IY! RICHARD G DYTRYCH
3AMES B. RYAIV �92$,. �gp�
ll�ONALD R. 81C1C1VELL, JR.
LAWREi+10E W. SMl'TH
a4YS NnGL�R �ANigLS 7et U.S. HIGHwaY ONE, SU17'E a0i
PETfiR M. ARMOLD NORTH PALM BEACti, Ft,ORIDA 334Q8
GREGOIkY C. AICKSM T�t6PHON� (561}8{4-3700
F.4X {36l}804-2;88
February 14, 2011
�a E-Mail OnCv
James M. Weinand
Fire Chief
VilIage of Teyuesta
357 Tequesta Drive
Tequesta, FL 33469
Re: GMH Application for Special Exception and Site Plan Approval
Dear Chief Weinand:
As a foliow up ta our discussian: Thursday evening with the Village Manager and further
discussions tlxat both he and I have had with Village attorney, Trela White, it is my understanding
that the Viilage will accept GMH's application for special exception and site plan approval
notwithstanding that the proposed text amendments for the rehabilitation facility have y�t to be '
adopted. 4ur client fuliy understands that the �llage's acceptance of these applications and no �
way obligates the Village wit.� respect to the proposad text amendments and that GMH is �
submitting the applications with the understanding that it bears all of the risks, casts and ,
e�cpenses of review of the applica#ion since the prirnary request for the text amendmer�fi has yet to I
be approved by the �llage Council. '�
i
Thank you very much for your con#inued assistance with this znatter. 'I
Sincerely,
G Y, DYTRYCH & RYAN, P.A.
��T.awrence W. Smith, Esquire '
James M. Weinand
Fire Chief
. February 14, 2411
Page �2
LWS/rnd
Enclosures
cc: Client
Michael Couzzo, Jr., Village Manager
T'rela White, Viliage Attarney
Keith Davis, V'zllage Attorney
Nilsa Zacarias
Joanne Burnsed
Janice Cabrera-Frias
Weinand, James
From: Couzzo, Michael
Sent: Tuesday, February 15, 2011 2:58 PM
To: Weinand, James
Subject: FW: Concurrent Processing
From: Trela White [mailto:trelaCa�corbettandwhite.com]
Sent: Friday, February 11, 2011 2:16 PM
To: Couuo, Michael
Subject: Concurrent Processing
HI Michael,
With regard to whether or not a municipalities shoutd allow concurrent processing of applications for development orders,
such as text amendments, special exception requests, site plan application, etc, I offer the following:
1. I have found nothing in the Tequesta code that would prohibit concurrent processing.
2. State Law was recently amended at 163.3184 (3)(e) to re uire concurrent processing of comp plan amendments
and zoning amendments upon the applicant's request.
3. Many municipalities allow such processing as a matter of course.
4. If multiple applications are accepted by the Village, it should be clear to the applicant that if some of the requests
are dependant upon a favorable outcome of the first request, then the applicant bears all the risks, costs and expenses of
the processing since it could be unnecessary if the primary request is denied by the Council.
If you need further information regarding this issue, please advise.
Thanks,
Trela
I
,
i
