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Home My WebLink AboutDocumentation_Special Meeting_Tab 03_09/15/2011 �, VILLAGE OF TEQUESTA � AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Special Ordinance #: �iick here ta snter t�xt. 9/1511 Consent Agenda: No Resolution #: �lick her� tc� enfier t�x�. Originating Departrnent: Council Member Humpage 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) Council Discussion Regarding Special Exceptions for Permitted Use Requirements on Existing Properties and the Site Plan Review Process 3. BUDGET / FINANCIAL IMPACT: Account #: Glick �er� to ent�r t�xt. Amount of this item: �li�k �a�re �o en#er t�xfi. Current Budgeted Amount Available: Amount Remaining after item: �IF�:� h�r� ta �ra�er te��. Ci9cK h�re to enfier t�xt. Budget Transfer Required: G�o�s� �r� Appropriate Fund Balance: Gh�o�� ar� �tern. i��. 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: • SUBMIT FOR COUNCIL DISCUSSION: ❑ • APPROVE ITEM: ❑ • DENY ITEM: � Form amended 08/26/08 McWilliams, Lori From: Keith Davis [Keith@corbettandwhite.com] Sent: Friday, September 09, 2011 2:14 PM To: Weinand, James Cc: Couzzo, Michael; Telfrin, Debra; McWilliams, Lori Subject: revisions to special exception code Attachments: Special Exception Uses 2011 pre-application process.docx Chief: See my revised code changes attached. I re-arranged a few things as you will see. Also, I changed the threshold for enlargements to a$ figure, based on comments made to me by Michael last evening. I picked $100,000.00 as the threshold based on the church plan that just came through and was heard last night which listed $175,000.00 on its application. Also, I simplified the process even more than you did. I took out the fee and added language that the fee would be set by resolution as opposed to listing it in the code. Note that the regular fee for a special exception is only $500.00, therefore, I don't think that a$1,000.00 fee for this informal process should be $1,000.00, prob. More like $100.00. The Village Council can decide that though. I made the document submission requirements a bit more general too. Let me know what you think. The other thing to be aware of is that if we want to have this on a September 15 agenda, we need to have an agenda for a special meeting separate from the budget hearing agenda. I mentioned this to Lori and Michael yesterday. Keith W. Davis, Esquire �E�assa�iJ'� �JdG 1111 Hypoluxo Road, Suite 207 Lantana, Florida 33462 Tel: (561) 586-7116 Fax: (561) 586-9611 Email: keith�a,corbettandwhite.com Incoming e-mails are filtered which may delay receipt. This e-mail is personal to the named recipient(s) and may be privileged and confidential. If you are not the inte�ded recipient, you received this in error. If so, any review, dissemination, or copying of this e-mail is prohibited. Please notify us immediately by e-mail and delete the original message. *** eSaf.e scanned this ema.il for maliciou� conten� *** *** IMPORTANT: Do rot open attachments from unrecogriized senders *** 1 DTVISION 3. SPECIAL EXCEPTION USES Sec. 78-361. Purpose. [This section sha11 remain in full force and effect as previously adopted.] Sec. 78-362. An�licabilitv. All snecial excention uses as listed in this ChaAter, alon� with their related accessorv uses shall be subiect to the reauirements of this Division. In addition. anv modification to the use of a reviouslv �ranted snecial excention. excent for a modification that chan�es said use to a nermitted use as listed in this Cha.nter. shall be subiect to the reauirements of this Division. Finallv, anv exnansion. enlar�ement or revision to the site of an existin� snecial excention use with an estimated nroiect cost in excess of $100.000.00 shall be subiect to the reauirements of this Division. Sec. 78-� �3. Criteria. Special exception uses to which this Division annlies as set forth in Sec. 78-362 °^a +'�°�r r°'�+°a � �tse 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 and other applicable requirements as set forth in this chapter: (1) The proposed use is a pernutted special exception use. (2) The use is so designed, located and proposed to be operated so that the public health, safetq, 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. (7) The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned developments. Sec. 78-� �. Findings required for approval. [The text of this section shall remain in full force and effect as previously adopted.] Sec. 78-� �64. Imposition of additional conditions and safeguards. [The text of this section shall remain in full force and effect as previously adopted.] Sec. 78-� �6-5. Denial. [The text of this section shall remain in full force and effect as previously adopted.] Sec. 78-�7 �. Reapplication after denial. [The text of this section shall remain in full force and effect as previously adopted.] Sec. 78-�8 �. Time limit for commencement of use. [The text of this section shall remain in full force and effect as previously adopted.] Sec. 78-369. Ontional nre-annlication review �rocess. Prior to submittin� a snecial excention annlication and committin� the resources reauired to proceed throu�h the special excention annlication nrocess as reauired by Sec. 78-370, an annlicant mav choose to narticinate in the following nre-annlication nrocess in order to �auge interest in his nronosed nroiect. (1) Preannlication meetin�. A nreannlication submittal meetin� shall be held with the a nlicant and his desim team and the communitv develonment director and develonment sta.ff. The annlicant's nronosed use shall be reviewed and discussed in order to identifv anv issues with the nronosed use, the annlicable use reeulations and/or other annlicable reauirements. (21 Concentual tiresentation. Based on the outcome of the nreannlication meeting. the applicant mav reauest to nresent his snecial ex cention use concevt to the Vill age Council in order to receive further innut. This concentual nresentation is not a auasi-iudicial nroceedins, and no action shall be taken bv the Villa�e Council bevond discussion with the annlicant. Neither the outcome of this concentual nresentation. nor anv comments made durin� this concentual bresentation bv anv Villa�e Council member or Villa�e staff is a euarantee or assurance in anv wav of the final action to be taken bv the Villa�e Council nursuant to a formal annlication for s ecial excention use as nrovided in Sec. 78-370. (31 Prior to bein� nlaced on a Village Council agenda for a concentual nresentation, the annlicant shall submit the followin�: a. Proce ssin� fee in an amount as established bv resolution of the Villa�e Council and on file in the Villa�e Clerk's office. [**amend fee s�h�dule accoxdingly**] b. Seven conies of sketches and dia�rams sufficient to convev the concentual use to the Village Council. This mav include site nlans, floor nlans and/or survevs. c. Seven conies of a brief exnlanation that the nronosed snecial excention use is comnatible with the surrounding uses and the nei�hborhood in �eneral. Sec. 78-3� �68. Application; notice of hearing. [The te� of this section shall remain in full force and effect as previously adopted.] Sec. 78-� 1�1. Filing fee. [The text of this section sha.11 remain in full force and effect as previously adopted.] Secs. 78-372 �A --78-390. Reserved.