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HomeMy WebLinkAboutDocumentation_Planning and Zoning_Tab 01_10/15/2020 Agenda Item #1. Planning and Zoning Board STAFF MEMO � Meeting: Planning and Zoning Board - Oct 15 2020 Staff Contact: Nilsa Zacarias, Director of Department: Community Development Community Development SPM 2-20: Application from Nancy Burke Harvey, PLLC, for a Site Plan Modification to install an 842 square foot awning to cover the south and west balcony of the building. The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. SUMMARY-�-� SPM 2-20: Application from Nancy Burke Harvey, PLLC, for a Site Plan Modification to install an 842 square foot awning to cover the south and west balcony of the building. The subject property is located at One Main Street, Suites 207 & 208 Tequesta, FL 33469. ATTACHMENTS:. FINAL - SPM 2-20 Harvey Academy Staff Report Owner Consent D00092120 Page 3 of 26 Agenda Item #1. r� VILLAGE OF TEQU ESTA Department of Community Development Staff Report—Planning and Zoning Board Meeting— October 15, 2020 Petition No.—SPM 2-20 APPLICANT: The Harvey Academy c/c Nancy Harvey 1 Main Street, Suite 207 &208 Tequesta, FL 33469 OWNER: JMZ TEQUESTA PROPERTIES INC (Plaza Owner) REQUEST: SPM 2-20: Application from Nancy Burke Harvey, PLLC, for a Site Plan Modification to install an 842 square foot awning to cover the south and west balcony of the building. 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 . .,," •,,.,rat71 - yusta f + y IL fISM r Harvey Academy One Main Street 1 Page 4 of 26 Agenda Item #1. 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: 3,097 sq. ft.; Proposed Awning Square Footage: 842 sq. ft. Land Use and Zoning EXISTING LAND FUTURE LAND USE ZONING USE SUBJECT PROPERTY Mixed Use Mixed Use MU (Mixed Use 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 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 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). In June 2020,the applicant was approved 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 (see attached development order). The addition of Suites 207 & 208 added 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. In total, the Harvey Academy is 3,097 square feet with five classrooms and a will include a maximum of 35 students at the One Main Street location. 2 Page 5 of 26 Agenda Item #1. In October 2020, the applicant requested a Special Exception Use Modification per the Village Code Section 78-362,to install an 842 square foot awning to cover the south and west balcony of the building. The subject application was heard and approved by the Village Council on October 8, 2020. STAFF ANALYSIS Per Code Section 78-362 (2) (b),special exception use modifications are required to be processed as a Site Plan Review. The applicant is requesting a site plan modification to install an 842 square foot awning to cover the south and west balcony of the building. The applicant is proposing to paint the canopy 565 Reef Blue and the columns will match the canopy (565 Reef Blue). The proposed improvement does not increase lot coverage or footprint of the existing building, please see attached complete application.The below graphic shows the proposed modification: PROPOSED AWNING LOCATION • r ti ~ ► - - goo ago wow - �a"°Py:rab��c S"Patio 5 0o V inyl° - •.I•I1M...M• H � I�VI•NM Y�.'.�.IY �a,.• co'►ar'�s 5�5 tree B w.••....._. .. 1 l r J Y MI ♦ J •.IM.• by.. . i TY&TyMtl A'- - r Date--202C V 1 V•I•N Per the applicant statement, the awning "will provide a fresh air "brain break'; lunch break, and quiet reading time for the students. No furniture will be permanently set up. Students will sit on beach chairs that they bring out with them and immediately return to the classroom when they go back inside. An adult will be supervising at all times but not instructing. Students will only be allowed to sit to the west of the exit door by the staircase, thereby avoiding any safety issues with our approved fire escape plan." 3 Page 6 of 26 Agenda Item #1. FINAL REMARKS This development application met the requirements set on Section 78-334 notice of hearing.The notice of hearing was published on October S, 2020. The proposed improvement does not increase lot coverage or footprint of the existing building. The applicant has provided elevations, surveys and other associated drawings, to highlights proposed modifications, please see attached application. The applicant is required to apply for a building permit prior to installing the awning to comply with building and fire codes. EXISTING CONDITIONS 41 1. . f tiF e m 4 Page 7 of 26 1 sY••,�r: '' ''ss i Y if 3 � I 4 � f Page 8 of26 y� - :� .'.1 Tom...• 'c'. ��'°' � ,1 - • w - .d y� • � °F d ! - Y'k i � 1 �� • � r �� . �, Jam' i1 .ram. � •r �. 111 I 1 • Agenda Item #1. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SEU 1-20 FILED: Village of Tequesta Date:. 1/glao IN RE: XMZ TEQUESTA PROPERTIES, INC.,., Owner Time: POP' Nancy Burke Harvey, PLLC,Applicant PROPERTY LOCATION: I Main Street, Suite '2,06, Tequesta, FL_33469 LEGAL DESCRIPTION. TEQUESTA VILLAGE CENTER PAR 4 PARCEL CONTROL NUMBER: 60-43-40-30-47-004-0000 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 change the use of the building space from a tutoring facility to a private school (5til through 8' grade). ORDER GRANTING SPECIAL EXCEPTION These causes came on to be heard upon the above application and the Tequesta Village Council hay in 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, THERE,UPON., 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 meetiner, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to sections 78-180(i) of the Official Zoning Ordinance of tfie Village of Tequesta, schools are permitted as a special exception use in the MU Zoning District upon approval by the Villaae Council. Pacre I of 2 Page 10 of 26 Agenda Item #1. 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 5t" through 8'h 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 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. SEU 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 Beach County, Florida, in accordance with the application and other materials reviewed and considered by the Village Council and attached to this order as Exhibit A is hereby APPROVED. Please note: ■ The teen applicant(s) as used here shall include all successors and assigns. 1 ing The applicant's special exception approval shall expire in twelve (12) months tmiess a bu'ld* 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 DAY OF FEBRUARY 20200 fi ■ R BI AICBI�ENNAN, VIL A E OF TEQUESTA Tg do LORI MeWILLIAMS, MMC > VILLAGE CLERK S Loa Page 2 of 2 Page 11 of 26 Agenda Item #1. ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION I LED: Village of Tequesta F g CASE NO.: SEU 2-20 Date: Time: IN RE: JMZ TEQUESTA PROPERTIES, INC., Owner Nancy Burke Harvey, PLLC,Applicant PROPERTY LOCATION: 1 Main Street, Suites 207 & 208, Tequesta, FL 33469 LEGAL DESCRIPTION: TEQUESTA VILLAGE CENTER PAR 4 PARCEL CONTROL NUMBER: 60-43-40-30-47-004-0000 REQUEST: Special Exception Use (Private School) approval, to allow for a 1,750 square foot expansion of an existing private school in the Mixed-Use Zoning District. The subject property is located at 1 Main Street,Suites 207&208 Tequesta, FL 33469. 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: 1. The subject property is located in the MU (Mixed-Use) Zoning District in the Village of Tequesta. 2. The applicant submitted all documents required by the Village's Code of Ordinances for Special Exception review and final action. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its June 11, 2020 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to sections 78-180(i)(5) of the Official Zoning Ordinance of the Village of Tequesta, schools are permitted as a special exception use in the MU Zoning District upon approval by the Village Council. 5. The applicant has applied for a special exception use approval, to change the use of the existing building spaces at 1 Main Street, Suites 207 and 208 from professional office to private school, allowing for a 1,750 square foot expansion (Suites 207 and 208)of the current Page 1 of 2 Page 12 of 26 Agenda Item #1. 1.347 square foot private school that exists at Suite 206, 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 to act upon the Applicant's request. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE ('(WNC I L OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Special Exception No. SEU 2-20, for the expansion of an additional 1,750 square foot building space (Suite 207 and 208)to the existing 1,347 square foot private school at One Main Street, Suite 206 to increase classroom facilities for children 5th through 12th grade, all as described in the supporting documentation and presentation materials at the above-referenced property in the Village of Tequesta, Palm Beach County, Florida, in accordance with the application and other materials reviewed and considered by the Village Council and attached to this order as Exhibit is hereby APPROVED. Please note: ■ 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 DAY OF JUNE 2020. L:M yAV4O_ A' BIGAI B ENNAN, VILL E OF TEQUESTA Pof?".. LORI McWILLIAMS, MMC =j:' ' _ SEAL VILLAGE CLERK � I.INCORPORATED _ RPORATED IF 1,111111111,101%, Page 2 of 2 Page 13 of 26 Agenda Item #1. Lance Lilly From: jmzprop@aol.com Sent: Tuesday, September 29, 2020 3:09 PM To: Lance Lilly Subject: [EXTERNAL] Re: confirmation - HARVEY ACADEMY **This Email was sent from an external source. Please be mindful of its content** Hi Lance, am aware of the awning and approve it. Regards, Elizabeth 'Betsy' MinelIi -----Original Message----- From: Lance Lilly<Ililly@tequesta.org> To:jmzprop@aol.com <jmzprop@aol.com> Cc: Nilsa Zacarias <nzacarias@tequesta.org> Sent: Tue, Sep 29, 2020 3:03 pm Subject: confirmation - HARVEY ACADEMY Good Afternoon Betsy/Donna, Thank you both for taking my call. Please note, Mrs. Harvey has submitted a special exception use and a site plan modification application for the installation of an awning. We would greatly appreciate it, if you could confirm that you are aware of the awning and the modifications to your property. Please see attached applications as a reference. Thank you, Lance Lilly Planner Department of Community Development Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 (561)401-9459 This email has been scanned for email related threats and delivered safely by Mimecast. For more information please visit http://www.mimecast.com Page 14 of 26 Agenda Item #1. ------------------------ VILLAGE OF TEQUESTA ; DEPARTMENTAL USE ONLY Department of Community DevelopmentF Ck.# p , Fee: r i 345 Tequesta Drive ' Date: Tequesta,Florida 33469 ; r Ph:561--768-0451/Fax:561•-768--0698 r ;i PROJECT#: { www.tequesta.org r , r r , r ------------------------ APPLICATION FOR MINOR SITE PLAN REVIEW PLANNING &ZONING BOARD Meeting Date: VILLAGE COUNCIL Meeting Date: INSTRUCTIONS TO APPLICANTS: 1. Please complete all sections of this application. If not applicable, indicate with N/A. 2. Provide all required documents as shown on the attached checklist. If not applicable indicate with N/A. All construction, additions, andlor alterations within the Village, except in districts R-1A and R-1, must be reviewed by the Planning& Zoning Board. The Planning & Zoning Board meets the third Thursday of every month at 5:30 p.m., as needed in the Village Hall Council Chambers, 345 Tequesta Drive. The applicant will be informed by letter of their scheduled meeting date. The Planning and Zoning Board shall have general authority as outlined in Sec.22.53. I. PROJECT DESCRIPTION AND OWNER&AGENT INFORMATION PROJECT NAME: Canopy over the second floor balcony that covers the south and west side of 1 Main St. PROJECT ADDRESS: 1 Main St. Tequesta, FI. 33469 DESCRIPTION OF WORK/MODIFICATION: To install a 842 square foot canopy that will cover the second floor balcony on the south and west side of 1 Main St. Property size in acres and square feet: .9250 acres or 40,293 sf Estimated project cost: $17,500 Property Owner(s) of Record: J MZ Properties Address: 209 Tequesta Drive Jupiter Florida Phone No.: 561-748-8883 Fax No.: E-mail Address:JMZProperties@aol.com Applicant/Agent(if other than owner complete consent section on next page): Name: Nancy Burke Harvey, LLC Address: 155 Citadel Circle, Jupiter, FI 33458 Phone No.: 561-827-8810 Fax No.: E-mail Address:nancytheharveyacademy.com Page 15 of 26 Agenda Item #1. 1 11. LAND USE&ZONING A) ZONING DESIGNATION Mixed Use B) FUTURE LAND USE DESIGNATION Mixed Use C) Existing Uses) Private school D) Proposed Uses), as applicable Private school III. OWNER/APPLICANT ACKNOWLEDGEMENT AND CONSENT Consent statement(to be completed if owner is using an ages I/we, the owners, hereby give consent to —&4 Laj to act on my/our behalf to submit this application, all required material-an4 documents, a attend and represent me/us at all meetings and public hearings pertaining to the application and property I/we own escribed in the application. By signing this document, I/we affirm that I/we understand and will comply with the provisions and regulations of the Village of Tequesta, Florida Code of Ordinances. I/we further certify that all of the information contained in this application and all the documentation submitted is true to the best of my/our knowledge. Owner's Barn (please print) A li nt/Agent'j Name ease print} % a A AA %me V I " � 9 Owner's Signature A licant/A e s ign Lure I Date Date IV. APPLICATION FEES (1) Review by the Planning and Zoning Board. The Community Development Director or designee shall submit such application for Planning and Zoning Board review within 45 days of receipt of a completed application. Fee; E] A)$300.00 (final approval) OR 0 B)$500.00 (recommendation to Village Council) (Z) Review by Village Council. within 45 days of review by the Planning and Zoning Board, the Community Development Director or designee shall then submit such application, including the recommendations of the Planning and Zoning Board,for Village Council review. Fee; a $300.00 fee plus an additional fee based on the estimated cost of work applies. 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 ublic hearing requiring notice. +Owner' Signature to Acknowledge 2 Page 16 of 26 Agenda Item #1. A {'/omcerQeEduoe(on September Z2, 2OZO Dear Tequesta Council Members, The Harvey Academy caters to students that need a smaller environment that includes one-on-one instruction. My commitment to our families is not to exceed a 1:6 ratio of teaching staff to student body. Currently, vve have 2l students and 5 teachers at2 Main St. In February 2020,The Harvey Academy appeared at a Village Council meeting to request a special exception use asa private school atl Main Street. After Council approval, vve applied for aspecial exception use to expend across the hall from my existing space, suite 206. Once approved, | began the process of building-out the 1,500square feet unit, suites 207 & 208. The Harvey Academy is now requesting a special exception use modification to install a canopy to cover the 842 square feet that wraps around our classrooms, This would provide outdoor space for brain breaks, snack time, lunch timel and independent reading, for our 23 students in grades 6 through 10. Thank you )n advance for your consideration. The Harvey A emy l Main Street — Tcuuertu Florida 33469 tnenurvey academy.oorn (561) 768'9250 Page 17Of 26 Agenda Item #1. James Trube Sep 1, 2020, 4A2 PM (8 days ago) to Tessa. Zachary, William, me, Lance, Nilsa, rob@frankel-realty,com Our concern was the establishment of a permanent foot print in the fire exit that would create a life safety hazard and that you were looking for a potential increase in your occupant load. If it is temporary use, supervised by staff; then it would not be a fire code issue or increase occupant load. Please maintain fire exits at all times and as always stay safe. As there are no changes, you do not need to submit a revised exit plan or life safety evaluation,, Thank You. James B. Trube Fire Chief Tequesta Fire Rescue 561-768-0550 Strube@tequesta.org Page 18 of 26 Agenda Item #10 . � . ......... VFW M. VF sV F �F p i _ r s " _a trig -,IOU 7 ems. f INA } t - s $ 3 Jr. <. r twu 4, oft virm 10 41 SA 4 " t { . " of F •F.: f a ` s a - i�V �P ._ t- l Department of Community Development 3 Page 19 of 26 ME nda t ; V` _. W-1 k w AR" W-1 yr y r a • or R 40 .4oW .... 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