HomeMy WebLinkAboutOrders_Special Exceptions_02/08/2018_SEU 02-18_Ministerio Internacional Dios Sobrenatur ORDER OF THE ViLLAGE COUNCIL
VILLAGE OF TEQUESTA F�LED: Village of Tequesta
REQUEST FOR SPECIAL EXCEPTION ��; � ��J�
Time:
U:� 4.�►
CASE NO.: SEU-02-18
IN RE: Ministerio Internacional Dios Sobrenatural Corp., Applicant; SLO ML LLC, Owner.
PROPERTY LOCATION:
130 N. U.S. Highway 1 (Fashion Mall Outparcel), Tequesta, FL 33469
LEGAL DESCRIPTION:
30-40-43, SLY 7 l 8.76 FT OF NLYI l (8.76 FT OF ELY 2i4.83 FT OF GOV LT 3 LYG
W O}= & �1DJ �I�O US f��WY I
PARCEL CONTROL NUMBER:
60-43-40-30-00-003-0070
SPECIAL EXCEPTION REQUESTED:
Modification of existing commercial building to allow place of assembly use in excess
of 1,500 square feet, in currently vacant outparcel building.
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Tequesta Village Council
having considered the evidence presented by the applicant and other interested persons at a hearing
called and properly noticed, and the Tequesta Village Council,being otherwise duly advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS:
l. The subject property is located in the MU Mixed Use Zoning District in the Village of
Tequesta.
2. The applicant has submitted all documents required by the Village's Code of Ordinances
for special exception review.
3. The application and all supporting documentation and presentation materials as reviewed
by the Village Council at its February 8, 2018 meeting, and as kept on file by the
Village, are made a part hereof and are hereby incorporated by reference.
4. According to Section 78-180 of the Village Code of Ordinances, a place of assembly
facility in excess of 1,500 square feet is permitted as a special exception in the MU
Mixed Use Zoning District upon approval by the Village Council.
5. The applicant has applied for a special exception to operate a place of assembly in
excess of 1,500 square feet at the above referenced location.
Page 1
6. Under the provisions of the Village Code of Ordinances, the Village Council has the
right,power and authority to act upon the request herein made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The application for Special Exception, Case No. SEU-02-18 with reference to the above
described property within the Village of Tequesta, Palm Beach County, Florida, to permit the following:
a place of assembly in excess of 1,500 square feet, in accordance with the special
exception application attached hereto as E�ibit"A"
is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards
set forth in Sections 78-362 and 78-363 of the Tequesta Zoning Code for special exception approval.
The following conditions of approval apply:
* The term applicant(s) as used herein shall include all successors and assigns.
* The applicant's special exception approval shall expire in twelve (12) months unless a building
permit has been obtained, preliminary site plan or plat approval has occurred, or other significant action
to satisfy the requirements of this approval have occurred in accordance with Sec. 78-367.
DONE AND ORDERED THIS g DAY OF FEB��TARY, 2018.
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MAYO ABIGAIL RENNAN,
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Page 2
VILLAGE OF TEQUESTA
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`� DEPARTMENT OF COMMUNITY DEVELOPMENT
Staff Report— Village Council Hearing—February 8, 2018
1. PETITION DESCRIPTION-SEU 2-18
APPLICANT: Mario Guillen
Ministerio Internacional Dios Sobrenatural Corp.
OWNER: SLO ML LLC. (Fashion Mall Shopping Plaza Owner)
REQUEST: Application from Ministerio Internacional Dios Sobrenatural for a Special
Exception Use pursuant to Section 78-180. MU District (i) (4) Special Exception
Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting
Special Exception Use (Place of Assembly) approval for an existing 4,200 square
foot building in the Mixed-Use Zoning District. The subject property is located at
130 N. US Hwy. 1,Tequesta, FL 33469.
LOCATION: 130 N US Highway 1
Tequesta Fashion Mall, Freestanding Builing
Tequesta, FL 33469
LOCATION MAP
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1
Department of Community Development-Stoff Report—Ministerio Internacional Dios Sobrenatural
Section 78-361 of the Village Code states that certain uses because their unique characteristics cannot
be classified or regulated in a particular zoning district without consideration in each case of the impact
of such uses upon neighboring uses and the surrounding area,compared with the public need for them
at particular locations. Such uses and features are treated as special exceptions, and the application
needs to comply with a set of criteria and standards.
CRITERIA FOR GRANTING SPECIAL EXCEPTION
Per Section 78-362 of Village Code, special exception use shall be permitted only upon authorization
of the Village Council provided that such uses comply with the following requirements:
1. The proposed use is a permitted special exception use.
The proposed use "Ministerio/nternaciona/Dios Sobrenatural"will be located on the Mixed Use
district (Fashion Mall Shopping Plaza), at the freestanding building that has 4,200 sq. ft. In
comnliance with Section 78-180(i) (4J Special Exception Uses permitted in the Mixed Use zoninq
district of the Village of Tequesto Code of Ordinances. "Places of assemb/y(1,515 square feet or
more),subject to ihe following conditions:
a.AI!presentations and events shall be conducted entirely wiihin a building.
b.Allowed accessory uses are:preschool and school facilities;assemb/y halls,sanctuaries orsimilar
meeting rooms;community centers or fellowship halls;administrative offices re/ared to the facility;
gift shops for merchandise related to the facility;p/aygrounds and athletic fields; and rectory or
similar residence for facility officials or on-siie caretakers,limited to one dwelling unit."
2. The use is so designated,located and proposed to be operated so that the public health,safety,
welfare and morals will be protected.
ln comnliance. The proposed use encompasses religious services: such as preaching the gospel and
providing bible study. The facility will be open to the public.
The proposed use "Ministerio Internaciona/ Dios Sobrenatural" will be located in an existing
freestanding building of the Tequesta Fashion Mall shopping plaza. The proposed use is compatible
with the character of the surrounding area,and will not impose a threat to the public hea/th,safety,
welfare and morals.
The previous tenant was approved for a speciol exception use as a gym/fitness studio (Topper
FitnessJ in 2012.
3. The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
In compliance. The proposed use will not cause injury to the value of other property in the
neighborhood where it is to be located as no change in use(place of assemblyJ nor outside design
change is requested.
4. The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
3
Department of Community Development-Sraff Report—Ministerio Internacional Dios Sobrenatural
In compliance. The proposed use is compatible with adjoining deve/opment and the character of
the district where it is located.
5. Adequate landscaping and screening is provided as required in this chapter.
In compliance. The subject property is located in an existing Shopping Plaza outparcel that complies
with this provision. Also, the proposed use does not add or modify the existing square footage of
the facility.
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.
In compliance. The application does not involve increasing square footage; required parking and
loading and ingress and egress are provided in an existing Shopping P/aza.
FINDINGS REQUIRED FOR APPROVAL
Per Section 78-364 of Viilage Code, before any special exception is granted, the Village Council shall
apply the standards set forth in this division and shall determine that satisfactory provision and
arrangement of the following factors have been met with the applicant,where applicable:
1. Compliance with all elements of the vllage Comprehensive Plan
The subject property is located in the Mixed-Use future land use district. The proposed use complies
with Policy 1.1.2"the Village's Land Development Regulations shall conform to,and implement,the
use,density and intensity standards as outlined on Table FLU-1"
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience,traffic flow and control,and access in case of
fire or catastrophe.
The subject property is located in an existing Shopping PJaza,ingress and egress to the property with
particular reference to automotive and pedestrian safety, and access in case of fire or catastrophe
are factors that are met. The proposed use "place of assemb/y"meets this provision.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection(2)of this section.
The proposed use is located in an existing Shopping Plaza and the applicarion does not involve
increasing square footage, required parking is provided. In addiiion, since the proposed use is
located in an existing Shopping Plaza a loading area is provided. The proposed use meets this
provision.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but necessarily be limited to noise, odor, smoke,glare, electrical
interference and/or mechanicat vibrations.
The proposed use will not be detrimental to adjacent and nearby properties and the Village as a
whole.
5. Utilities,with reference to location,availability and compatibility.
Since the subject property is located in an existing building, utilities, with reference to location,
availability and compatibility requirements are mei.
4
Department of Community Development-Staff Report—Ministerio Internacional Dios Sobrenatural
6. Screening and buffering,with reference,to type,dimensions and chararter.
The proposed use does not add or modify the existing square footage of the facility. This standard
is not applicable io this application.
7. General compatibility with adjacent properties and other property in the district.
The proposed use is compatible with its surrounding area. The previous tenani was approved for a
specia!exception use as a gym/fitness studio(Topper FitnessJ in 2012.
8. Whether the change suggested is out of scale with the needs of the neighborhood or the Village.
The proposed use is compatible with fhe Village as whole.
9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular
use involved.
The proposed use is located in an existing building in compliance with the regulations
requirements presented in 78-143. This application does not involve special requirements.
FINAL REMARKS
This special exception use application met the requirements set on Section 78-368 notice of
hearing. The notice of hearing was advertised in the Palm Beach Post on January 29, 2018. The
notice of hearing was mailed to all property owners located within a 300-foot radius of the subject
property.
Per Code Section 78-367,a special exception shall commence within 12 months from approval date
and only one extension shall be permitted by the Village Council up to six months.
Department of Community Development-Staff Report—Ministerio Internacional Dios Sobrenatural S
1/16/2018 Detail by Endty Name
DIVISION Of CORPORATIONS
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De�artrnent of State / Division of Comorations / Search Records / Qetail By Document Number/
Detail by Entity Name
Florida Not For Profit Corporation
MINISTERIO INTERNACIONAL DIOS SOBRENATURAL, CORP.
Filing Information
Document Number N17000009090
FEUEIN Number NONE
Date Filed 09/01/2017
Effective Date 09/01/2017
State FL
Status ACTIVE
Princi�al Address
110 MAJORCA WAY
APT 201
JUPITER, FL 33458
Changed: 11/06/2017
Mailing Address
612 N.ORANGE AVE. STE D-1
JUPITER, FL 33458
Registered Agent Name 8 Address
ORBIGOSO, FE M
6145 UNGERER ST.
JUPITER, FL 33458
Officer/Director Detail
Name 8 Address
Title P
GUILLEN, MARIO V
612 N.ORANGE AVE STE D-1
JUPITER, FL 33458
Title VP
GUILLEN,OLGA L
612 N.ORANGE AVE STE D-1
JUPITER, FL 33458
r�+io rQ�n
httpJ/search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EnUtyName&directionType=1 nitial&searchNameOrder-MIN ISTERI... 1/2
1h6/2018 Detail by Entlty Name
I INV 1 I\�\
MADRID,ALEX
612 N.ORANGE AVE STE D-1
JUPITER, FL 33458
Title SEC
MADRID, MARLEN
612 N.ORANGE AVE STE D-1
JUPITER, FL 33458
Annual ReDO1f5
No Annuai Reports Filed
Document Images
09/01I2017—Domestic Non-Profit Vfew image in PDF fortnat I
httpJlsearch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityNameBdirectionType=lnitial8searchNameOrder—MIN ISTERI... 2/2
1/16/2018 DetaU by Er►tirty Name
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MADRID,ALEX
612 N.ORANGE AVE STE D-1
JUPITER,FL 33458
Title SEC
MADRID,MARLEN
612 N.ORANGE AVE S7E D-1
JUPITER, FL 33458
Annual Renor�a
No Mnual Reports Filed
Document Images
09/01/2017—Domestic Non-Profit vew image in PDF format I
FIorIGa DeOartmer[c(5>a[a,Division of CorperaUons
1
http:!/search.sunbiz.org/Inquiry/CorporaGonSearch/SearchResultDetail?inquiryrype=EntityNameBdirectionType=1 nitial&searchNameOrder—AAINI STERI... 2/2
Electronic Articles of Incorporation N17000009090
FILED
For September 01, 2017
Sec. Of State
tscott
MINISTERIO INTERNACIONAL DIOS SOBRENATURAL, CORP.
The undersigned incorporator, for the purpose of fonning a Florida not-for-
profit corporation, hereby adopts the following Articles of Incorporation:
Article I
The name of the corporation is:
MINISTERIO INTERNACIONAL DIOS SOBRENATURAL, CORP.
Article II
The principal place of business address:
612 N. ORANGE AVE. STE D-1
JUPITER, FL. US 33458
The mailing address of the corporation is:
612 N. ORANGE AVE. STE D-1
JLIPITER, FL. US 33458
Article III
The specific purpose for which this corporation is organized is:
WE BELIEVE ALL HUMAN BEINGS ARE BORN, AND A PURPOSE WAS
CREATED BY GOD; AND THAT WHEN HE DISCOVERS IT AND IF HE
DEVELOPS IT, HE LEAVES A LEGACY HERE ON EARTH. THEN, IT CAN
BE SAID THAT A PERSON HAS OR HAD SUCCESS. ECCLESIASTES
3:11.
Article IV
The manner in which directors are elected or appointed is:
AS PROVIDED FOR IN THE BYLAWS.
Article V
The name and Florida street address of the registered agent is:
FE M ORBIGOSO
6145 UNGERER ST.
JLTPITER, FL. 33458
I certify that I am familiar with and accept the responsibilities of
registered agent.
Registered Agent Signature: FE M. ORBIGOSO
N17000009090
FILED
Article VI September 01, 2017
Sec. Of State
The name and address of the incorporator is: tscott
MARIO V. GUILLEN
110 MAJORCA WAY
#201
JLJPI'TER, FL 33458
Electronic Signature of Incorporator: MARIO V. GUILLEN
I am the incorpora.tor submitting these ArticIes of Incorporation and af�um that the facts stated herein are
true. I am aware t�at false information submitted in a document to the Deparlment of State consritutes a
third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report
Uetween January 1 st and May 1 st in the calendar year following formation of this corporation and every
year thereafter to maintain"achve" status.
Article VII
The initial officer(s) and/or director(s) of the corporation is/are:
Title: P
MARIO V GUILLEN
612 N. ORANGE AVE STE D-1
JUPITER, FL. 33458 US
Title: VP
OLGA L GUILLEN
612 N. ORANGE AVE STE D-1
JUPITER, FL. 33458 US
Title: TREA
ALEX MADRID
612 N. ORANGE AVE STE D-1
JLJPITER, FL. 33458 US
Title: SEC
MARLEN MADRID
612 N. ORANGE AVE STE D-1
JCJPITER, FL. 33458 US
Article VIII
The effective date for this corporation shall be:
09/O 1/2017
�----------------------•
VILLAGE OF TEQUESTA i CkPitRTMENTALUSEONLY '
Departinent of Community Development � �
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SPECIAL EXCEPTION USE APPLICATION
ADMINISTRATIVE APPROVAL Q
VILLAGE COUNCIL � Meeting Date:
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved,it is understood that
it shall only authorize that particular use described in this application and any conditions or safeguards required by the Village of
Tequesta.
PROJECTNAME: �`I ( �1 c5 1 `.�I(� sn-t-ernc�Gona.Q f-�1� c�U�Dr�-I�LIrW/ .
PROJECTADDRESS: �3� N ._ us }"�IQhI(I�GZi.1� 1 Tf'�iuf'S� '�L ��'l ��
Applicant Name:_ �a V((� � u l ��"e11
Applicant Address: � � � M��v r�a V V Q�l.�/ i ilt'�}- zQ� �fu p�-�r -�1 �3�f
Applicant Phone No: /J �� Cell No:__ 'JrlO � �' �Q�I `�I — �q � 0
Fax No: N ��4 E-Mail Address: �.�1 U.I � I�YYlLL Y I D��QYYIU.( � . �rn
Existing Use: V QC��'�' �Yi." �C(S�1 na q�I�VI
Description of Special Exception Use: �Y ll,�.l�i..v ` S�1rV �C-"�.S (�n p�( c� p lace ��
a��e rn bl:w � I-�r,n ---1 D�1 �0 rol.
The applicant will submit to the Village of Tequesta Department of Community Development the following documents for Planning
&Zoning Board review,forty-five business(45)days prior to the meeting date:
1. Current survey or site plan of property showing structures and setbacks.
2. Drawings to scale of proposed improvements requiring special exception use approval.
3. Written authorization from property owner if other than applicant.
4. All documentation required by Code: Chapter 78—Zoning,Division 3—Special Exception Uses
5. Three(3)11x17 size and one(1)24x36 size hard copies of all submittals and one(1)CD with PDF files and completed application.
6. List of 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
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. Stamped,self-sealing envebpes with a Village of Tequesta return
address label and the property owner label is required. Note:this is not required for requests which are reviewed administratively by the
Community Development Director.
7. Special Exception Use Application Fee:
a) Village Council:$500.00 PLUS Application Review Fee of$300.00=$800.00
b) Administr ive eview by mmunity Development Director: Application Review fee=$300.00
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Applicant's Signature Date
To cover all additional administretive costs,actual or anticipated,including,but not limited to,engineering fees,consuftant fees and
special studies,the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30
days after final application approval whichever is determined as appropriate by the village. Failure to make such payment rnay be
grounds for not issuing a building or zoning permit,certificate of occupancy or completion.Costs associated with advertising for public
hearings and other public notice requirements are the responsibility of the applicant,The fee shall be paid prior to such application
being scheduled for a public hearing requiring notice.
1
Sec. 78-363.-Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall be permitted only upon authorization of
the village council provided that such uses shall be found by the village council to comply with the following requirements:
(1)The proposed use is a permitted special exception use.
Response:_ � �r���S{'� uS� O'�- �"YCe, � � zQ� csa � w( �I
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(2) The use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be
protected.
Response: �� 1��1/�l t''e.nLl-Vl'�" `4,$ Cl (�S'�31r I�eLLU'l j �'1-e
05 ctnd t� i n b i b�-e si-u a-�l.el � !-c e l.v�
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(3)The use will not cause substantial injury to the value of other property in the neighborhood where it i,s to be located.
Response: "e 1 w��l (}� Q, -�, C�u `
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(4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located.
Response: (� A/C,h �I'e 1N l� � �, Ca �.l Y'�""e SIJI_� Yl l��U� �
I�r i�-�n a c� � 0� n'm a O�-e v�, l o p rrie.Y�,rt--� W-e, w I �.I,.�-
Vv � � c��(' .t c Q�ol r�q u-1 a.t�.c,+�S -I-vt a�t-- c�.re,. r-c u.�r-e��
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(5) Adequate landscaping and screening is provided as required in this chapter.
Response: �"�l ��1V1�C� 11(l� �� �-.��.{��LC.,1� �h CUWl P �I�3L(/l C,Q,
��� ��— V � I I CLG�. COG�. GU�1O� VLG �GI/1.C(,�G1J.t, w- �
�b� �c�c�-�. �v ,P r�p�e-�fi`.� .
(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.
Response: V V� w l �� 1(\� � 'e, Q,r�,�, G�, l � �'J-� Y'Q V l pt�CCil
U � �ro I�.-e-�ao p-e d�S fiY�av�C -ev sccf-e
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Sec.78-364. -Findings required for approval ( A�Iswers)
1. The place of assembly will confonn a.nd follow all elements of the village
comprehensive plan.
2. The building was previously a gym and was designed for traffic volume ingress
and egress.
3. The building is adherence with village code and no cha�lge will be made.
4. As the previous tenant was a gym a place of work-out, there will be no change in
regards to noise, odor, smoke, glare, electrical interference and or mechanical
vibrations, in establishing this location as a place of assembly(church.)
5. No change axe requested to any utilities with reference to location.
6. No changes are requested to screening and buffering with regarding dimension
and character of the building.
7. The building is similar with all adjacent properties and other properties in the
district, so no changes will be made.
8. No exterior changes to the building are requested.
9. No special requirements set out in the schedule of site regulations in Section
78-143. The proposed used of building for a place of assembly.
Dear Council Members,
I, Mario Guillen am a Pastor of the church Ministerio Internacional Dios
Sobrenatural /International Ministry Supernatural God. I am asking for a special
exception use of the 130 U.S. 1 (4,200 sq. ft) building in Tequesta. We would like
to use this building as a church or a place of assembly. We are a bilingual
multicultural church that is growing and currently renting in Harbor Side in Jupiter.
We would like to use this building for our Sunday service, hours would be l la.m.-
2p.m. and 6 p.m.- 9p.m. on Sunday, Mon. tabernacle (prayer night) 6 p.m.- 8p.m.
and Tues. bible study 6p.m.- 9p.m. The vision of our church is to Evangelize a11
who wan to hear, Firm in the Word of God, Disciple the purpose of God in them
and Send to do God's work. Thank you for taking the time to read this letter,
looking forward to hearing from you.
Thank you,
Pastor Mario Guillen
� »
December 15,2017
To whom it may concern:
This letter is intended to serve as confirmation that SLO-ML dba The Tequesta Fashion Mall will be
pleased to rent the Fashion Mall Out Parcel to the Ministerios Internationale for use as a Place of
Worship and for other Church related activities.
Shouid you have any further questions,please do not hesitate to contact me.
Sincerely,
Michael Luetkemeyer-Partner
415-509-1368
mike102549@aol.com
PART II-CODE OF ORDINANCES
Chapter 78-ZONING
DIVISION 2.-SITE PLAN REVIEW
DIVISION 3.-SPECIAL EXCEPTION USES
DIVISION 3. -SPECIAL EXCEPTION USES
Sec. 78-361.-Puroose.
Sec. 78-362 -A�olicabilitv
Sec. 78-363.-Criteria.
Sec. 78-364.-Findines reauired for aooroval
Sec. 78-365.-Imposition of additional conditions and safe¢uards
Sec.78-366.-Deniaf.
Sec. 78-367.-Reaoqlication after denial
Sec. 78-368.-Time limit for commencement of use
Sec. 78-369.-Ontional ore-aaalication review orocess
Sec. 78-370.-A9plication•notice of hearine
Sec. 78-371.-Filins fee.
Secs. 78-372-78-390.-Reserved.
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.
(C�,�1e 1977, a��p. Fl, §X(J}(1))
Sec. 78-362.-Applicability.
All initial requests for special exception uses as listed in this chapter,along with their related accessory uses shall be subject to
the requirements of this division. In addition, any modification to the use of a previously granted special exception, except for a
modification that changes said use to a permitted use as listed in this chapter, shali be subject to the requirements of this division.
Requests to expand, enlarge or revise the site of an existing special exception use shall be classified and processed pursuant to the
following three categories;
(1) Small scale, interior-interior expansion, enlargement or revision of less than ten percent of the originally approved special
exception site square footage and having construction costs of less than $100,00.00, once within any eighteen month
period (this category contemplates uses located in existing shopping centers or similar structures,where no change to the
overall building footprint is required).
a. Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in
the village clerk's office.
b. Review and approval is provided by the community development director,following which, the applicant may apply
for building permits,
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(2) Small scale, exterior - exterior expansion, enlargement or revision of less than ten percent of the originally approved
special exception site square footage and having construction costs of less than $100,00.00 once within any eighteen
month period (this category contemplates a change to the existing structure's footprint, and other site related revisions
that flow therefrom).
a. Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in
the village cierk's office.
b. Review and approval regarding the continuing special exception use is provided by the community development
director,following which,the applicant shall submit an application for site plan modification.
When reviewing small scale expansion, enlargement or revision, the community development director shall make a
determination that such expansion,enlargement or revision does not result in a violation of the requirements of sections
78-363 or 78-364, or a violation of any previously imposed condition of approval.
(3) Large scale-any expansion, enlargement or revision to the site of an existing special exception use that does not qualify
as either small scale interior or small scale exterior. Such expansion, enlargement or revision is subject to the
requirements of this division.
�c;���i. ���o, l�-��i, § i, li-la�olil
Sec.78-363. -Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall be permitted only upon authorization of
the village council provided that such uses shal�be found by the village council to comply with the following requirements:
(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, 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.
�co;+�� �_�.i�, a���,. ��, §xU)(�);o���. No. ���-.li, � 1, ii-io-��oii�
Sec. 78-364.-Findi�gs required for approval.
Before any special exception to which this division applies as set forth in section 78-362 is granted, the village council shall
apply the standards set forth in this division and shail determine that satisfactory provision and arrangement of the following factors
have been met by the petitioner,where applicable:
(1) Compliance with all elements of the village comprehensive plan.
(2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian
safety and convenience,traffic flow and control,and access in case of fire or catastrophe.
(3) Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this
section.
(4) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include
but not necessarily be limited to noise,odor,smoke,glare,electrical interference and/or mechanical vibrations.
(5) Utilities,with reference to location,availability and compatibility.
(6) Screening and buffering,with reference to type,dimensions and character.
(7) General compatibility with adjacent properties and other property in the district.
4
(8) Whether the change suggested is out of scale with the needs of the neighborhood or the village.
(9) Any special requirements set out in the schedule of site regulations in section 78-143 for the particular use involved.
(Cocfe 1971, app.A, §X(J)�3); Ord. No. 1°-1�, § 1, ll 10-<01.1 j
Sec. 78-365.-Imposition of additional conditions and safeguards.
(a) In addition to the criteria listed in section 78363.the required approval findings listed in section 78-364 and specific conditions
for the particular special exception use listed within the applicable zoning district regulations, 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.
(b) If the special exception use is granted by the village council, the use must conform to all the applicable regulations governing
the district where it is located, except as may otherwise be determined for planned developments. Failure to comply with all
the applicable regulations governing the district as required by the site plan approval process will void the granted special
exception use.
(Cod,:, 1g77, app.F\, §Xf�)(�l); Ord.No. 19-11, § 1, 11-10-<0ll)
Sec. 78-366.-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 78-363 and all other conditions and particular regulations relating to the specific special
exception requested.
(c�ae i���, a��. ��, § xUl(s)�
Formerly, 78-365
Sec. 78-367.-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.
(cod� i9», auF�. A, § xUN�)1
Formerly, 78-366
Sec. 78-368.-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.
(�ode 7.977, app. A, §\�.I)(7);<7r�1. i�lo. ?-0�;, ti�1.4-1�.")-�>Or_�.�,'�
Formerly, 78-367
5
Sec. 78-369.-Optionai pre-application review process.
Prior to submitting a special exception application and committing the resources required to proceed through the special
exception application process as required by section 78-370. an applicant may choose to participate in the following pre-application
process in order to gauge interest in his proposed project.
(1) Pre-application meeting. A pre-application submittal meeting shall be held with the applicant and his design team and the
community development director and development staff.The app�icant's proposed use shall be reviewed and discussed in
order to identify any issues with the proposed use,the applicable use regulations and/or other applicable requirements.
(2) Conceptuol presentation. Based on the outcome of the pre-application meeting,the applicant may request to present his
special exception use concept to the village council in order to receive further input.This conceptual presentation is not a
quasi-judicial proceeding,and no action shall be taken by the village council beyond discussion with the applicant. Neither
the outcome of this conceptual presentation, nor any comments made during this conceptual presentation by any village
council member or village staff is a guarantee or assurance in any way of the final action that may be taken by the village
council pursuant to a formal application for special exception use as provided in section 78-370
(3) Prior to being placed on a village council agenda for a conceptual presentation,the applicant shall submit the following:
a. Processing fee in an amount as established by resolution of the village council and on file in the village clerk's office.
b. Twelve copies of sketches and diagrams sufficient to convey the conceptual use to the village council. This may
include site plans,floor plans and/or surveys.
c. Twelve copies of a brief explanation that the proposed special exception use is compatible with the surrounding uses
and the neighborhood in general.
(Ord. No. :9-:11, § l, li 10-2011j
Sec. 7&370.-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 criteria under section 78-
363, the written findings under section 78-364, 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).
(3) The location and dimension of existing manmade features such as existing roads and structures, with indication as to
which are to be removed,renovated or altered.
(4) Identification of surrounding land use, zoning and existing buildings within 300 feet of the petitioned site, as well as the
zoning of the petitioned site.
(5) A layout of the proposed lots and/or building sites including the following site data:
a. Finished floor e�evation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading facilities.
e. Total project density.
f. The shape,size, location and height of all structures.
6
(6) The proposed phasing of construction for the project if applicable.
(7) For commercial uses, office uses and uses other than residential, the estimated square footage of the structure, the
number of empioyees, the estimated seating, and the estimated number of users of the facility, such as members,
students and patients.
(8) Proposed hours of operation for commercial uses.
(9) Twelve aerial maps at a minimum scale of one-inch equals 300 feet, showing the site in question with paved boundaries
superimposed.
(10) A legal description of the land proposed for development.
(11) Current survey of the subject property.
(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 counci�.The property owner may appear personally or by agent or attorney.
(e) 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 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
pu blished.
(Code 1977,app•A, §X(J)(�); Orcl. i�1o. 7-Oa, �j 4,4-10-2008;Grd. No. 19-1!, § 1, 1i-10-?011}
Formerly, 78-368
Sec. 78-371.-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 cierk'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.
(Code 1�17, aNp. A, § ;((�)(9); Ord. No. I���S. §4,4-"I.0-7_OOfiI
Formerly, 78-369
Secs. 78-372-78-390.-Reserved.
7
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