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HomeMy WebLinkAboutDocumentation_Regular Council_Tab 15_07/11/2019Agenda Item #15. Regular Council STAFF MEMO Meeting: Regular Council - 11 Jul 2019 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development SEU 2-19: Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a Special Exception Use modification 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 modification (Place of Assembly) to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. The subject property is located at 204 N. US Hwy. 1, Tequesta, FL 33469. Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a Special Exception Use modification 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 modification (Place of Assembly) to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. The subject property is located at 204 N. US Hwy. 1, Tequesta, FL 33469. SEU 2-19 St Jude Cross Staff Rer)ort 19-0529 SJT SpecialExceptionUse App -2015 19-0528 SJT Owner Consent Letter 19-0503 St. Jude Cross Promect Minor SPR Drawings Page 112 of 537 Agenda Item #15. co VILLAGE OF TEQUESTA Department of Community Development Staff Report — Village Council Hearing — July 11, 2019 Petition No. — SELI 2-19 APPLICANT: REG Architects, Inc. 300 Clematis Street, 3rd Floor West Palm Beach, FL 33401 OWNER: Gerald M. Barbarito DD JCL Bishop of Diocese of Palm Beach REQUEST: Application from BARBARITO GERALD M DD JCL BISHOP OF DIOCESE OF PALM BEACH for a Special Exception Use modification 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 modification (Place of Assembly) to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. The subject property is located at 204 N. US Highway- 1, Tequesta, FL 33469. LOCATION: 204 N. US Highway 1 Tequesta, FL 33469 1. PETITION FACTS a. Total Gross Site Area: 652,215 Sq. Ft. (14.97 Acres) b. Total Building Footprint Area: 46,978 sq. ft. Location Map 1 Page 113 of 537 Agenda Item #15. Page 114 of 537 Agenda Item #15. Land Use and Zoning 11. STAFF ANALYSIS St. Jude Catholic Church is an existing structure and place of assembly in the Mixed Use Zoning District, in compliance with Section 78-180 (i) (4) Special Exception Uses. 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 if such uses comply with the following requirements: The Applicant is requesting approval to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. 1. The proposed use is a permitted special exception use. In compliance with Section 78-180 (i) (4) Special exception uses. Special exception uses in the M -U district are as follows: "Places of Assembly" "Yes, the existing Catholic Church is a permitted special exception use as a place of assembly (1,515 SF or more) under the mixed-use zoning district, which the property is located in." 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. 3 Page 115 of 537 EXISTING LAND FUTURE LAND ZONING USE USE SUBJECT Mixed Use Mixed Use MU — Mixed Use PROPERTY North Mixed Use Mixed Use MU — Mixed Use Keyes Realty South Mixed Use Mixed Use MU — Mixed Use Fashion Mail East Commercial (C) Commercial (C) C-2 American Legion (Community Commercial District) West Mixed Use Mixed Use MU -Mixed Use Lighthouse Cove 11. STAFF ANALYSIS St. Jude Catholic Church is an existing structure and place of assembly in the Mixed Use Zoning District, in compliance with Section 78-180 (i) (4) Special Exception Uses. 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 if such uses comply with the following requirements: The Applicant is requesting approval to demolish and replace an existing cross structure with a new 29 ft. high cross at the east elevation. 1. The proposed use is a permitted special exception use. In compliance with Section 78-180 (i) (4) Special exception uses. Special exception uses in the M -U district are as follows: "Places of Assembly" "Yes, the existing Catholic Church is a permitted special exception use as a place of assembly (1,515 SF or more) under the mixed-use zoning district, which the property is located in." 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. 3 Page 115 of 537 Agenda Item #15. In compliance. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not impact the public health, safety, welfare and morals. 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. There is no change to the property's existing use as a place of assembly (Catholic Church) and therefore it will not cause injury to the value of the other property in the neighborhood where it is located. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. In compliance. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not impact the compatibility with the adjoining development(s) and the proposed character of the district. S. Adequate landscaping and screening is provided as required in this chapter. In compliance. The subject application will not impact the existing landscaping and screening. In case any landscape is disturbed, the applicant will return it to the original state, to comply with the requirements of the landscape 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. In compliance. The subject application is not intending to impact the off street parking and loading. FINDINGS REQUIRED FOR APPROVAL Per Section 78-364 of Village 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 Village Comprehensive Plan The subject property is located in. the mixed-use future land use district. The proposed place of assembly 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" St. Jude Catholic Church is existing structure and a permitted special exception use (Place of Assembly (1,515 SF or more) under the mixed-use zoning district. 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. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject applicant is not impact the ingress and egress. 3. Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. 4 Page 116 of 537 Agenda Item #15. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not impact the off street parking and loading area. 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 mechanical vibrations. The subject application will comply with the hours of operations from the Village Code. The application's nuisance factors will be necessarily limited to noise, odor, smoke, glare, electrical interference andlor mechanical vibrations. Utilities, with reference to location, availability and compatibility. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not impact the utilities, with reference to location, availability or compatibility. 6. Screening and buffering, with reference, to type, dimensions and character. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not impact the screening and buffering of the existing site. 7. General compatibility with adjacent properties and other property in the district. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will be compatible with adjacent properties and other property in the district. 8. Whether the change subjected is out of scale with the needs for the neighborhood or Village. St. Jude Catholic Church is an existing place of assembly in the Mixed Use Zoning District. The subject application will not be out of scale with the needs of the neighborhood or Village. 9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular use involved. The subject application will comply with the site regulations of Section 78-143. Ill. FINAL REMARKS This special exception use application met the requirements set on Section 78-368 notice of hearing. The notice of hearing will be advertised in the Palm Beach Post on July 1, 2019. The notice of hearing will be 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. Page 117 of 537 Agenda Item #15. IV. EXISTING CONDITIONS V. PROPOSED CONDITIONS R Page 118 of 537 Agenda Item #15. VILLAGE OF TEQUESTA Departnient of Coriiiiiunity Developnient 345 Te(lucsta Drive TCC[Uesta, Florid -a 33469 11h: 561-768-0451 / Fax: 561-768-0698 '1.()r(, w%%Acquest. SPECIAL EXCEPTION USE APPLICATION ADMINISTRATIVE APPROVAL D VILLAGE COUNCIL El Meeting Date: --------------------- I DEPARTMENTAL USE ONLY Ck. # Fee: Intake Date: PROJECT # L------- 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. PROJECT NAME: St. Jude Catholic Church - Cross Modification PROJECT ADDRESS: 204 N. US Highway 1, Tequesta, Florida 33469 Applicant Name: REG Architects Inc,, Rick Gonzalez AIA, President Applicant Address: 300 Clematis Street, 3rd Floor, West Palm Beach, Florida 33401 Applicant Phone No: 561-659-2383 Fax No: 561-659-5546 Existing Use: Catholic Church Description of Special Exception Cell No: E -Mail Address: Rick@regarchitects.com The Church is an existing special exception use as a place of assembly (1.515 SF or more) and is Or000sina to modifv it so as to remove the cross above roof line and construct a new cross at the same East elevation below the roof line; the design nearly matches the original. The applicant will submit to the Village ot Tequesta Department ot Community Development the tollowing documents tor 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 envelopes 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 Cqundl: $500.9P PLUS Application Review Fee of $300.00 = $800.00 b) Adm munity Development Director: Application Review fee = $300.00 Applicant's jrgDafure Z / Date Lc�o ef'all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant 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 may 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. Page 119 of 537 Agenda Item #15. Sec. 78-363. - Criteria See attached for the responses to Sec. 78-363 Criteria and Sec. 78-364 Findings Required for Approval 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: (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: (3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. Response: (4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located. Response: (5) Adequate landscaping and screening is provided as required in this chapter. Response: (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: 2 Page 120 of 537 Agenda Item #15. .---REG ARCHITECTS_,_ INC. ARCHITECTURE * INTERIOR DESIGN * PLANNING May 03, 2019 Planning & Zoning Board Village of Tequesta 3 .345 Tequesta Drive Tequesta, FL 33469 RE: Justification Letter for St. Jude Catholic Church — Cross Renovation, Tequesta, Florida REG #18025 To Whom It May Concern, St. Jude Catholic Church is requesting approval to remove the existing cross above the roofline of the East (front) church facade facing USL The Church has had ongoing issues with water intrusion where the cross intersects the roof resulting in multiple repairs that over time has cost them a substantial sum of money. Additionally, there is a real concern that severe damage could potentially occur to the roof and church interior if a hurricane were to damage the existing cross. The Church is proposing to replace the existing cross with a new cross similar in design below the roofline of the same East church fagade. The proposed design maintains the presence of the cross at the front fagade of the church facing US I and is sensitive to the existing church architecture. At the same time removing the existing cross will rectify the ongoing water intrusion issues and alleviate their concerns regarding potential hurricane damage. Please do not hesitate to contact us with any questions or comments. Sincerely, REG Architectsd Inc. ULAI 300 Clematis SEreet, 3;,,d-.-FTqoT- Palm Beach, FL 33401 Phone: (561) 659-213 3 F., (561) 659-5546 w�w, egarchitcic-f 'A. 1C 0'M AA 0002447 EST. 1988 Page 121 of 537 Agenda Item #15. REG ARCHITECTS, INC. ARCHITECTURE INTERIOR DESIGN * PLANNING May 31, 2019 Department of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 RE: Special Exception Use Application Criteria Responses for St. Jude Catholic Church — Cross Renovation, Tequesta, Florida REG #18025 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: Yes, the existing Catholic Church is a permitted special exception use as a place of assembly (1,515 SF or more) under the mixed-use zoning district, which the property is located in. (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: St. Jude Catholic Church shall continue 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. Response: There is no change to the property's existing use as a place of assembly (Catholic Church) and therefore it will not cause substantial injury to the value of the other property in the neighborhood where it is located. 300 Clematis Street, 3-d F I o X ;-West Palm Beach, Fl, 33401 Phone: (561) 659-2393 - Fax: (561) 659-5546 www.regarchitects.�pm AA 0002447 ES'F. 1988 Page 122 of 537 Agenda Item #15. St. Jude Catholic Church — Tequesta FL Special Exception Use Application Responses 05-31-19 Page 2 of 5 REG# 18025 (4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located. Response: St. Jude Catholic Church is existing and therefore has no impact on the existing coLnpatibility with the adjoining development(s) and the proposed character of the district. (5) Adequate landscaping and screening is provided as required in this chapter. Response: No site work is proposed; the scope of work is limited to the removal of the church cross above the roofline at the East church fa�ade and the construction of a new cross below the roofline of the church at the same fagade and similar in design. The existing landscaping and screening shall remain, aLiy landscgping disturbed as a result of the scope of work shall be returned to its original stat�j to be in compliance with the requirements of this chgpter. (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: No site work is proposed; the existing off-street parking, loading, and ingress and egress shall remain as is. Note the existing off-street parking is a combination of asphalt and grass spaces, which increases the open green�permeable space. Additionally, there is more than one point of ingress and egress from the site facilitating the dispersal of traffic before and after mass. The main point of ingress and egress is from US I and the secondary is from Village Blvd. Sec. 78-364. - Findings 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 shall 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. Response: St. Jude Catholic Church is existing, it is a permitted special exception use as a place of assembly (1,515 SF or more) under the mixed-use zoning district. It is also designated as mixed -used as per the future land use mqp. This existing facility is consistent with the intent of the current village coMprehensive plan (20UI 300 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 Phone: (561) 659-2383 * Fax: (561) 659-5546 ww—regarchitects-com AA 0002447 EST. MN Page 123 of 537 Agenda Item #15. St. Jude Catholic Church — Tequesta FL Special Excep6on Use Application Responses 05-31-19 Page 3 of 5 REG# 18025 (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. Response: No site work is proposed; the existing ingress and egress coMponents are to remain. The main point of ingress and egress is from US I and the secondary is from Village Blvd. These two points of ingress and egress increase the accessibility of the site and facilitates the dispersal of traffic. There is an interconnected series of existing sidewalks -joining the site and parking with the existing building structures promoting pedestrian safety and convenience. Additionally, Police Officers facilitate the flow of traffic and control at holiday mass and other special events, which have higher attendance rates than Sundqy Mass; at the same time providing additional pedestrian safety. Lastly the existing buildings are easily accessed by fire rescue vehicles using the existing looped roads within the site. (3) Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. Response: No site work is proposed; the existing off-street parking and loading area is to remain. The existing parking is dispersed throughout the site, with asphalt spaces immediately adjacent to the buildings for convenience and accessibility. The bulk of the parking is to the rear of the site concealed from both US I and Village Blvd. These grassy spaces are laid out to align with the site loop roads around the exiting buildings and site perimeter facilitating the safety, flow, and control of traffic-, as well as pedestrian safety. The clear delineation of parking aisles and site loop roads also sppports the easy access of fire rescue vehicles. (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. Response: Nuisance factors including but not limited to noise, odor, smoke, glare, electrical interference and/or mechanical vibrations are negligible or not qpplicable based on the existing site plan, use, and function of St. Jude Catholic Church. As part of the permitted special exception use for places of assembly all presentations and events shall be conducted entirely within the building, 300 Clentatis Street, 3rd Floor, West Palm Beach, FL 33401 Phone: (561) 659-'23U Fax: (561) 659-5546 W_ regarchitects.-com AA 0002447 EST VJKK Page 124 of 537 Agenda Item #15. St. Jude Catholic Church — Tequesta FL Special Exception Use Application Responses 05-31-19 Page 4 of 5 REG# 18025 resulting in minimal noise during mass and other activities. Odor and smoke are more prevalent issues with restaurants, these nuisances are not gpplicable to this use. The existing site lighting and equipment locations gppear to have been designed to eliminate / minimize glare and electrical interference and/or mechanical vibrations. The existing building setbacks from the property line positively contribute to mitigating any potential nuisance factor. (5) Utilities, with reference to location, availability and compatibility. Response: No site or utility work is proposed with the proposed cross modification work. The existing utilities to remain. (6) Screening and buffering, with reference to type, dimensions and character. Response: No site work is proposed-, the existing mature oak trees (+/-20 ft height) spaced +/-30 ft o.c. and a continuous hedge of Eugenia shrubs (+/-6 ft height) along the perimeter of the property provide screening and buffering from the adjacent properties. Note there are some existing site walls and fences on the subject and adjacent properties that add additional screening to the landscgping. (7) General compatibility with adjacent properties and other property in the district. Response: There is no change to the existing use and function of St. Jude Catholic Church therefore the existing compatibility between the church and the adjacent properties shall be maintained. (8) Whether the change suggested is out of scale with the needs of the neighborhood or the village. Response: The scope of work to remove the existing cross above the roofline of the church at the East fagade will not change the overall massing and scale of the church structure. The top of the existing cross is about I 10'-0" from grade and the peak of the high church roof is about 68'-0" from grade. The visual prominence of the church from far distances will be reduced with the removal of the cross above the roofline. The proposed scope of work is congruent with the existing massing and scale of the church structure and therefore consistent with the needs of the neighborhood or the village. 300 Clematis Street, 3rd Floor; West Palm Beach, FL 33401 Phone: (561) 659-23U - Fax: (561) 659-5546 W W:w- re��s-- �co mL AA 0002447 ES1. 1118h Page 125 of 537 Agenda Item #15. St. - I ude Catholic Church — Tequesta FL. Special Exception Use Application Responses 05-31-19 Page 5 of 5 REG# 18025 (9) Any special requirements set out in the schedule of site regulations in scotion '78- 141 for the particular use involved. Response: The schedule of site requirements for the mixed -use -district is set forth by section 78-180 MU mixed-use district. There are no special requirements listed for places of assembly in schedule of site rejaulations found in section 78-180. Please do not hesitate to contact us with any questions or corriments. 300 Clematis Street, 3rd Floor, West Palm Beach, FL 33401 Phone: (561) 659-2383 - Fax: (561) 639-5346 --regarchitec , AA 0002447 E�l '111's Page 126 of 537 Agenda Item #15. Dioce,-,.- of Pc-Afn bcach OWNER'S CONSENT The Diocese of Palm Beach, Bishop Gerald M. Barbarito ("Owner") certifies that it is the owner of the property located at 204 N. US Highway 1, Tequesta, FL 33469 ("Subject Property") and expressly consents to the use of the Subject Property as described in this special exception application and to all conditions that may be agreed to as a part of the approval of this special exception application, which may be imposed by the decision making board. Owner hereby authorizes REG Architects, Inc., as agent, to file this special exception application and represe ,pt Owner at any and all meetings and hearings required for the approval of this specikif exreption applicatid Owner's Signature�l Date: Name/Title of Signatory: Bishop Gerald M. Barbarito of the Diocese of Palm Beach STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this 29th day of May, 2019, by Bishop Gerald M. Barbarito who is personally known to me or who produced a as identification, He/she did not take an oath. f (Notary Signature) My Commission Expires on: March 31, 2021 NOTARY, S SEAL OR STAMP a$ 0 :0M7 MJ Cwv"w$0627024 E*M M" 31, V0-8WAdVnT91F*1 Page 127 of 537 No Text AOW lop Ne I No Text No Text +/-22'-6" LIlilT OF CROSS DEMOLITION CHURCH WEST li-