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HomeMy WebLinkAboutDocumentation_Regular_Tab 09_6/11/2020Agenda Item #9. Regular Council STAFF MEMO � Meeting: Regular Council -Jun 11 2020 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Application from Nancy Burke Harvey, PLLC, for a Special Exception Use pursuant to Section 78- 180. MU District (i) (5) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting approval for a Special Exception Use Modification (Private School) for an additional 1,750 square foot building space in the Mixed -Use Zoning District. The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. Application from Nancy Burke Harvey, PLLC, for a Special Exception Use pursuant to Section 78-180. MU District (i) (5) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting approval for a Special Exception Use Modification (Private School) for an additional 1,750 square foot building space in the Mixed -Use Zoning District. The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. SEU 2-20 Harvey Academy Staff Report special exception use application - HARVEY SCHOOL Section 78-364, #1-9 Responses Village of Tequesta Approved Development Order Village of Tequesta Council Members Itr 5-27-20 J Mz approval Itr for expansion Department of Health Permit Nancy Burke Harvey Teaching Certificate Sunbiz Nancy Harvey 2020-2021 Harvey Academy Calendar 1 Main Street Current Floor Plan Proposed Floor Plan for Stes. 207 & 208 at 1 Main St. IMG 20200527 135525 1 Main St. S u rve Page 99 of 152 Agenda Item #9. VILLAGE OF TEQU ESTA Department of Community Development Staff Report —Village Council Hearing —June 11, 2020 Petition No. — SEU 2-20 APPLICANT: The Harvey Academy c/c Nancy Harvey 1 Main Street, Suite 206 Tequesta, FL 33469 OWNER: JMZ TEQUESTA PROPERTIES INC (Plaza Owner) REQUEST: SEU 2-20: Application from Nancy Burke Harvey, PLLC, for a Special Exception Use pursuant to Section 78-180. MU District (i) (5) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is requesting approval for a Special Exception Use Modification (Private School) for an additional 1,750 square foot building space in the Mixed -Use Zoning District. The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. LOCATION: One Main Street, Suite 207 & 208 Tequesta, FL 33469 Location Map 1 Page 100 of 152 Agenda Item #9. PETITION FACTS a. Total Gross Site Area: 83,343 sq. ft. (1.91 Acres) b. Total Plaza Footprint Area: 26,558 sq. ft. c. Harvey Academy Area: • Existing Square Footage: 1,347 sq. ft. • Proposed Square Footage: 1,750 sq. ft. • Total Square Footage: 3,097 sq. ft. Land Use and Zoning EXISTING LAND FUTURE LAND USE ZONING USE Mixed Use Mixed Use MU (Mixed Use SUBJECT PROPERTY Zoning District) North PNC Bank Mixed Use Mixed Use MU -Mixed Use 171 Tequesta Dr. South Paradise Park Mixed Use Mixed Use MU -Mixed Use One Main St. East Bank of America Mixed Use Mixed Use MU -Mixed Use 150 Tequesta Dr. West Mixed Use Mixed Use MU -Mixed Use Vacant 1. BACKGROUND The Harvey Academy has two (2) educational institutions in Tequesta; 198 Seabrook Road and 1 Main Street, Suite 206. The facility located at 198 Seabrook Road offers tutoring services for students in kindergarten through the 4t" grade. The private school located at One Main Street, Suite 206, currently provides classes for 5t" through 8t" grades. The applicant has occupied a portion of the second floor at 1 Main Street shopping plaza since May 2019. In February 2020, the Harvey Academy previously received a special exception use approval (private school) for a 1,347 square foot building space in the Mixed -Use Zoning District (see attached development order). The applicant would like to add an additional 1,750 square feet (Suite 207 & 208) to an existing 1,347 square feet (Suite 206) building space at One Main Street. The total area will be 3,097 square foot (Suites 206 through 208). 2 Page 101 of 152 Agenda Item #9. The proposed addition at Suites 207 & 208 would add two middle school classrooms (6tn through 8t" grade), one high school classroom (9t" through 12t" grade), one all purpose room with lockers, and two half baths: one for girls and one for boys. With the additional space, the Harvey Academy will have five classrooms and a maximum of 35 students at the One Main Street location. The applicant is not increasing the square footage of the building site plan, and it is not modifying the exterior of the building. STAFF ANALYSIS 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: 1. The proposed use is a permitted special exception use. In compliance with Section 78-180 (i) (5) Special Exception Uses permitted in the Mixed Use zoning district of the Village of Tequesta Code of Ordinances. "(5) Schools." The proposed use, school, is a permitted special exception use in the Mixed -Use district. 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. The applicant has been providing educational services at the subject location (1 Main Street) since May 2019. The proposed addition "Harvey Academy" (private school 5t" to 8t" grade) is compatible with the character of the surrounding area, and will not impose a threat to 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. The applicant has been providing educational services at the subject location (1 Main Street) since 2019. The proposed 1,750 addition will not change the value of the other property in the neighborhood. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. The proposed 1,750 sq. ft. addition to the existing private school is compatible with adjoining development and the character of the district where it is located. 5. Adequate landscaping and screening is provided as required in this chapter. The proposed 1, 750 sq. ft. addition is located in an existing shopping plaza and is not adding or modifying 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. 3 Page 102 of 152 Agenda Item #9. The application does not involve increasing square footage of the building; required parking and loading and ingress and egress are provided in the existing shopping plaza. 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 school 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 FL U-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. After the special exception process, the Applicant needs to apply for a Building permit to comply with all Building Codes and Fire Safety codes. 3. Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. The Harvey Academy is located in an existing shopping center and is currently in compliance with the Village Code. The subject application is proposing to have a max of 35 students and will not impact the existing parking. The applicant has indicated, "At dismissal, the students and teachers wait at the upstairs outside balcony for parents to arrive. Once the teacher sees the parent, she releases the student so the exchange is seamless since the parent simple pulls -up, makes eye contact with the teacher, and waits for the student to come down the stairs or elevator and into the car." Currently, the shopping plaza located at 1 Main Street has 99 parking spaces. 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 proposed addition is compatible with the overall character of the shopping plaza. The proposed use will not be detrimental to adjacent and nearby properties and the Village as a whole. S. Utilities, with reference to location, availability and compatibility. The Harvey Academy has been located in the existing shopping plaza (1 Main Street) since May 2019 and the proposed addition will not change utilities, with reference to location, availability and compatibility requirements are met. 6. Screening and buffering, with reference, to type, dimensions and character. The Harvey Academy has been located in the existing shopping plaza (1 Main Street) since May 2019. The proposed addition will not add or modify the existing square footage of the facility. This standard is not applicable to this application. 0 Page 103 of 152 Agenda Item #9. 7. General compatibility with adjacent properties and other property in the district. The Harvey Academy is located in the existing shopping center (1 Main Street) since May 2019. The building and space is compatible with adjacent properties and other properties in the district. In February 2020, the Harvey Academy received a special exception use approval (private school) fora 1,347 square foot building space in the Mixed -Use Zoning District. The proposed 1,750 square feet addition 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. The Harvey Academy has been located in the existing shopping plaza (1 Main Street) since May 2019. The proposed use (private school) will not be out of scale with the needs of the neighborhood or the village. In February 2020, the Harvey Academy received a special exception use approval (private school) fora 1,347 square foot building space in the Mixed -Use Zoning District. The proposed 1,750 square feet addition will be compatible with the neighborhood. 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. II. FINAL REMARKS This subject 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 June 1, 2020. 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. Since the subject application is not increasing the square footage of the building site plan, and it is not modifying the exterior of the building, then a site plan review is not required per Section. 7R-qq1 5 Page 104 of 152 Agenda Item #9. -- -- f VILLAGE OF TEQUESTA ; DEPARTMENTAL USE ONLY Ck. # ' Department of Community Development ' Fee: 345 Tequesta Drive ' Tequesta, Florida 33469 Intake Date: Ph: 561-768-0451 / Fax: 561-768-0698 ' www.tequesta.org PROJECT # F----------------------' SPECIAL EXCEPTION USE APPLICATION ADMINISTRATIVE APPROVAL 0 VILLAGE COUNCIL ❑ g Meetin 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. PROJECT NAME: The Harvey Academy PROJECT ADDRESS: 1 Main Street, Suite 207 & 208 Applicant Name: Nancy Burke Harvey Applicant Address: 165 Citadel Circle, Jupiter FL 33458 Applicant Phone No: 561-768-9250 Cell No: 561-827-8810 Fax No: E-Mail Address: info@theharveyacademy.com Existing Use: Professional Office Description of Special Exception Use: The applicant is requesting an expansion of 1,750 square feet to an approved special exception use of a private school. 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 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 Council: $500.00 PLUS Application Review Fee of $300.00 = $800.00 b) Administrative Review by Community Development Director: Application Review fee = $300.00 Applicant's Signature Date To cover 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 105 of 152 Agenda Item #9. 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: See attached (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: See attached (3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. Response: See attached (4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located. Response: See attached (5) Adequate landscaping and screening is provided as required in this chapter. Response: See attached (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: See attached 2 Page 106 of 152 Agenda Item #9. 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. - Purpose. Sec. 78-362. - Applicability. Sec. 78-363. - Criteria. Sec. 78-364. - Findings required for approval. Sec. 78-365. - Imposition of additional conditions and safeguards. Sec. 78-366. - Denial. Sec. 78-367. - Reapplication after denial. Sec. 78-368. - Time limit for commencement of use. Sec. 78-369. - Optional pre -application review process. Sec. 78-370. - Application; notice of hearing. Sec. 78-371. - Filing 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. (Code 1977, app. A, § 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, shall 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. V Page 107 of 152 Agenda Item #9. (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 clerk'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. (Ord. wcd _9-11, 9 _L, 11-10-2011) 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. (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. (Code 191/, app. A, § X(J)(2); Ord. No. 19-11, § 11 11-10-2011) 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. (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 Page 108 of 152 Agenda Item #9. (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. (Code 19® j, app. A, 9 X(J)(3); urea. vo. 19-11, § 11 11-10-2011) Sec. 78-365. - Imposition of additional conditions and safeguards. (a) In addition to the criteria listed in section 78-363, 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. (Code 1977, app. A, § X(J)(4); Ord. No. 19-11, § 1, 11-10-2011) 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. (Code 1977, app. A, § X(J)(5)) 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. (Code 1977, app. A, § X(J)(6)) 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. (Code 197'/, dpp. A, § X(J)(7); Ord. No. 7-08, § 4, 4-10-2008) Formerly, § 78-367 5 Page 109 of 152 Agenda Item #9. Sec. 78-369. - Optional 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 applicant'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) Conceptual 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. 19-11, § 1, 11-10-2011) Sec. 78-370. - 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 100 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 elevation. 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. I,l Page 110 of 152 Agenda Item #9. (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 employees, 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 council. 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 published. (Code 1977, app. A, § X(J)(8); Ord. No. 7-08, § 4, 4-10-2008; Ord. No. 19-11, § 1, 11-10-2011) 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 clerk'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. kwae lto®, app. A, § X(J)(9); Ord. No. 7-08, § 4, 4-10-2008) Formerly, § 78-369 Secs. 78-372-78-390. - Reserved. 7 Page 111 of 152 Agenda Item #9. Responses to Sec. 78-363. - Criteria. 1) The proposed use is for a 5t" through 9t" grade private school. All subjects will be taught between the hours of 8:30-2:00, Monday through Friday. The maximum number of students will be 35 between suites 206, 207, & 208. At present, we have 23 registered students. All classroom teachers have a Florida teacher's certificate. The ratio of teacher to student will not exceed 1:6. 2) The new tenant use of suites 207 & 208's exterior space will have an awning covering the south and west balconies. 3) The use by the tenant will not change the value of the other property in the neighborhood. 4) The private school use of the existing space will remain unchanged. The existing use is compatible with neighboring tenants in the same building and surrounding area. 5) The existing landscaping will remain undisturbed. No change to the landscaping is requested by the applicant. 6) There are adequate spaces in the parking lot to accommodate parents dropping off and picking up students. Responses to Sec. 78-364. - Findings required for approval. 1) The Harvey Academy will be in complete compliance will all elements of the Village's comprehensive plan. 2) The Harvey Academy has both a Fire Drill Plan and Code Red Plan in place which is practiced on a monthly basis. The Fire Drill Exit Plan is posted by the entrance to the classroom and within the classroom. 3) At arrival and dismissal, a teacher will be posted at the south balcony for parents to arrive. The teacher either retrieves (arrival) or escorts (dismissal) the students to and from the parent's car. 4) The Harvey Academy does not create any nuisance factors. 5) Use of utilities will not be changed. 6) Screening and buffering will not be changed. 7) The Harvey Academy will not change the general compatibility with adjacent properties. 8) The Harvey Academy does not detrimentally affect the needs of the neighborhood or village. 9) The Harvey Academy does not possess any special requirements detailed in section 78-143. Page 112 of 152 Agenda Item #9. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SEU 1-20 FILED : Village of Tequesta Date: � ''" IN RE: JMZ TEQUESTA PROPERTIES, INC., Owner Time-. Nancy Burke Harvey, PLLC, Applicant W PROPERTY LOCATION: I Main Street, Suite .2,06, Tequesta,, FL 3.3469 LEGAL DESCRIPTION: TEQUESTA VILLAGE CENTER PAR 4 PARCEL CONTROL NUMBER: 6043-40-30-47-004-0000 REQUEST: Special Exception Use (Private School) approval, to change the use of the existing 1,247 square foot building space located at I Main Street, Suite 206, which is located in the Mixed -Use Zoning District. Specifically, the Applicant would like to chanue the use of the building space from a tutoring facility to a private school 2!� - (5111 through 81h grade). ORDER GRANTING SPECIAL EXCEPTION These causes 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: I The subject property is located in the MU (Mixed -Use) Zoning District in the Village of Tequesta. The applicant submitted all documents required by the Village's Code of Ordinances for Special Exception review and final action. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its February 13, 2020 meetincy, and as kept on file by the Village, are C� made a part hereof and are hereby incorporated by reference. 4. According to sections 78-180(1) of the Official Zoning Ordinatice of the Village of Tequesta, schools are pern-i1tted as a special exception use in the MU Zoning District upon approval by Z7 the Village Council. Page I of 2 Page 113 of 152 Agenda Item #9. The applicant has applied for a special exception use approval to change the use of the building space at I Main Street, Suite 206 from a tutoring facility to a private school for children in 5 )t" through 8th grade, all as described in the supporting documentation and presentation materials. 6. Under the Village Code of Ordinances the Village Council has the right, power and authority ta to act upon the Applicant" s request. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Special Exception No. SE U 1-20, to change the use of the existing 1,247 square foot building space located at I Main Street, Suite 206, from a tutoring facility to a private school for children 5th through 8th grade, all as described in the supporting documentation and presentation materials at the above -referenced property in the Village of Tequesta, Palm each County, Florida, in accordance with the application and other materials reviewed and considered by the Villacyt�e Council and attached to this order as Exhibit A is hereby APPROVED. Please note: z The term applicant(s) as used here 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. 78-368. DONE AND ORDERED THIS 13 DAY OF FEBRUARY 2020. LORI MeWILLIAMS, MMC VILLAGE CLERK �VOR BIGAIL BRENN VILLAGE OF TEQUESTA >: CA. 41 OF Page 2 of 2 Page 114 of 152 Agenda Item #9. Concierge Education May 24, 2020 Dear Village of Tequesta Council Members, Last February you approved The Harvey Academy as a private school. We offer a unique learning environment for students with dyslexia, ADHD, anxiety, highly competitive student athletes with limited time for school, or any student who needs a smaller setting and more one-on-one instruction. We accomplish this using multi -sensory instruction, one-on-one tutoring by certified Wilson, Lindamood-Bell, and Orton Gillingham reading specialists, and a 6:1 student to teacher ratio that guarantees each student the attention he or she needs to succeed. Currently we teach all subjects from 8:30 am — 2:00 pm. We keep a year-round schedule, which is broken down into four, 9-week sessions divided by a 2 or 3-week break and a 7-week summer. The reason for my need to expand from 1,360 square feet (Suite 206) to an additional 1,750 square feet (Suite 207 & 208) is the increasing demand to accommodate new students. At this time, we have 16 middle school and high school students registered for the 2020-2021 school year. This leaves only two more openings, hence the need for more space. With the additional space, the Harvey Academy will have a maximum of 35 students at the 1 Main Street campus. Suites 207 & 208 will have two middle school classrooms, one high school classroom, one all purpose room with lockers, and two half baths: one for girls and one for boys. The 5-member female staff will use the existing bathroom in Suite 206. Arrival and dismissal will be conducted at the south stairwell. As parents drive up, a teacher will retrieve the student (arrival) from the car or escort the student (dismissal) from the upstairs balcony to the car. Thank you for your time and consideration. Sincerely, Nancy Burke Harvey, M. Ed. The Harvey Academy 1 Main Street, Ste. 206 Tequesta, FL 33469 www.TheHarveyAcademy.com 561-827-8810 Page 115 of 152 Agenda Item #9. JMZ TEQUESTA PROPERTIES INC* c/o 18903 SE Federal Hwy., Tequesta, FL 33469 Phone: (561} 748-8883 Fax: (561} 222-2030 jmzprop@aol.corn May 22, 2020 To whom it may concern, Ms. Nancy Harvey/The Harvey Home School entered into an agreement with us on May 21 st, 2020 for lease of our premise located at One Main Street, Suite 207/208 Tequesta, Florida 33469. Ms, Harvey has our permission to expand her use of the space to include operations as a school. Please feel free to contact one if you would like to discuss this further. Sincerely, Elizab Minelli Page 116 of 152 Agenda Item #9. ffo"na._.'- HEALTH 50=51 =2050598 Issued To: The Harvey Academy 1 Main Street, Suite 206 Tequesta, FL 33469 Mail To: The Harvey Academy 165 Citadel Circle Jupiter, FL 33458 Owner: The Harvey Academy Capacity (Max): 17.00 STATE OF FLORIDA DEPARTMENT OF HEALTH Receipt Group Care - Private School Original Customer: The Harvey Academy (NON -TRANSFERABLE) FISH HEALTH 50=51 =2050598 Issued To: The Harvey Academy 1 Main Street, Suite 206 Tequesta, FL 33469 Mail To: The Harvey Academy 165 Citadel Circle Jupiter, FL 33458 Owner: The Harvey Academy 50-B I D-4623577 County: Palm Beach Amount Paid: $175.00 Date Paid: 04/29/2020 Issued Date: 04/29/2020 Expires On: 09/30/2020 Issued By: Department of Health in Palm Beach County P.O. Box 29 West Palm Beach, FL 33402-0029 (561) 837-5900 STATE OF FLORIDA DEPARTMENT OF HEALTH Receipt Group Care - Private School Issued By: 50-B I D-4623577 County: Palm Beach Amount Paid: $175.00 Date Paid: 04/29/2020 Issued Date: 04/29/2020 Expires On: 09/30/2020 Department of Health in Palm Beach County P.O. Box 29 West Palm Beach, FL 33402-0029 (561) 837-5900 Page 117 of 152 Agenda Item #9. uj um cc ui 0 U) cc 0 w z 0 C/) Cl) LU LL 0 cc am Page 118 of 152 Agenda Item #9. DIVISION OF CORPORATIONS i i D. r �jl dill 01firial _ r�x flle of Porida websil? Department of State / Division of Corporations / Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company NANCY BURKE HARVEY, PLLC Filing Information Document Number L15000076993 FEI/EIN Number 47-3935928 Date Filed 04/30/2015 State FL Status ACTIVE Principal Address 1 Main Street Suite 206 Tequesta, FL 33469 Changed: 01 /12/2020 Mailing Address 1 Main Street Suite 206 Tequesta, FL 33469 Changed: 01 /12/2020 Registered Agent Name & Address Denine M. Ward Accounting, LLC 609 North Hepburn St. SUITE 101 Jupiter, FL 33458 Name Changed: 04/19/2016 Address Changed: 01/12/2020 Authorized Person(s) Detail Name & Address Title AMBR HARVEY, NANCY BURKE 165 CITADEL CIRCLE JUPITER, FL 33458 Page 119 6f 152 Agenda Item #9. Annual Reports Report Year Filed Date 2018 03/12/2018 2019 02/20/2019 2020 01 /12/2020 Document Images 01/12/2020 --ANNUAL REPORT 02/20/2019 -- ANNUAL REPORT 03/12/2018 -- ANNUAL REPORT 03/13/2017 -- ANNUAL REPORT 04/19/2016 -- ANNUAL REPORT 04/30/2015 -- Florida Limited Liability. View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Florida Department of State, Division of Corporations Page 120 of 152 Agenda Item #9. The 2020-2021 Harvey Academy Calendar First 9 Weeks Labor Day Fall Break Second 9 Weeks Thanksgiving Break Holiday Break Third 9 weeks Martin Luther King Day Spring Break Final 10 weeks Good Friday Memorial Day 7/27 — 9/zs/zozo 9/7/2020, No School 9/28-10/09/2020 10/12— 12/18/2020 11/23 — 11/27/2020 12/21 — 1/08/2021 1/11 - 3/12/2021 1/18/2021, No School 3/15 — 3/26/2021 3/29 — 6/4/2021 4/2/2021, No School 5/31/2021, No School Page 121 of 152 Agenda Item #9. 3 I v....a 0 sect i~ d f 1,--, c r ncr: L e -Z e a and soutl- %- 1 Harvey Academy — Suite 206 Layout �J r � t 5" G rad . C la ssioom sL c -a cm 3ath -oori ::oyer Study Nook _ntrc- nce Study Nook 1 t U C I I9_CS� 14t11. i"4.''&a t, u b [D i es ,,%..Ith Couch and Book Shelf lrl. Kitchen wit h _ �1:°'�"�- -er cooler. Ass i Sta nt, refrigerator a Office I - c 11.. .5ve MicldEe choo I Classi-corn tGrades 61" through 8t') Page 122 of 152 No Text Agenda Item #9. U 0) a �,j M !1 Q w Q < G V-- r wu 555 `L � � W Z z% ! 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