HomeMy WebLinkAboutDocumentation_Regular_Tab 09_4/08/2021Agenda Item #9.
Regular Council
STAFF MEMO
Meeting: Regular Council -Apr 08 2021
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
SEU 1-21: 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 Special Exception Use (Private School) approval for an
additional 2,563 square foot building space to an existing private school use in the Mixed -Use Zoning
District. The subject property is located at One Main Street, Suite 200 & 201, Tequesta, FL 33469.
SEU 1-21: 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 Special Exception Use (Private School) approval for an
additional 2,563 square foot building space to an existing private school use in the Mixed -Use Zoning
District. The subject property is located at One Main Street, Suite 200 & 201, Tequesta, FL 33469.
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SEU 1-21 Harvey Academy Staff Report w attach
The Harvey Academy SEU Application
Page 82 of 406
Agenda Item #9.
VILLAGE OF TEQUESTA
Department of Community Development
Staff Report —Village Council Hearing — April 8, 2021
Petition No. — SEU 1-21
APPLICANT: The Harvey Academy
c/c Nancy Harvey
One Main Street, Suite 207 & 208
Tequesta, FL 33469
OWNER: JMZ TEQUESTA PROPERTIES INC (Plaza Owner)
REQUEST: SEU 1-21: 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 Special
Exception Use (Private School) approval for an additional 2,563 sq. ft. building
space (Suite 200 & 201) to an existing private school use (Suite 206-208) in the
Mixed -Use Zoning District. The subject property is located at One Main Street,
Tequesta, FL 33469.
LOCATION: One Main Street, Suite 200 & 201
Tequesta, FL 33469
Location Map
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Page 83 of 406
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. Existing Harvey Academy Area at One Main Street:
• 3,097 sq. ft. (Suite 206 through 208); 842 sq. ft. (Awning)
d. Proposed Harvey Academy Area:
• 2,563 sq. ft. (Suite 200 & 201) - If the subject application is approved, the total school
floor area will be 5,660 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
Tequesta Business
Assoc.
250 Tequesta Dr.
I. BACKGROUND
The Harvey Academy has two (2) educational institutions in Tequesta; 198 Seabrook Road and
One Main Street, Suite 206 through 208. The facility located at 198 Seabrook Road offers tutoring
services for students in kindergarten through the 5t" grade. The private school located at One
Main Street, Suite 206 through 208, currently provides classes for 6t" through 10th grades.
The applicant has occupied a portion of the second floor at One 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 sq. ft. building space in the Mixed -Use Zoning District (see attached
development order).
2
Page 84 of 406
Agenda Item #9.
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. The total area
was 3,097 sq. ft. (Suites 206 through 208), see attached development order.
The addition of Suites 207 & 208 added two middle school classrooms (6t" through 8t" grade), one
high school classroom (9th through 12' grade), one all purpose room with lockers, and two half
baths: one for girls and one for boys. In total, the Harvey Academy has five classrooms and
included a maximum of 35 students at the One Main Street location.
In October 2020, the applicant requested a Special Exception Use Modification per the Village
Code Section 78-362, to install the subject 842 sq. ft. awning to the building. The subject
application was heard and approved by the Village Council on October 8, 2020 (see attached
development order).
Subsequently, the applicant requested a Site Plan Modification to install an 842 sq. ft. awning to
cover the south and west balcony of the building. The subject application was heard and approved
by the Planning and Zoning Board on October 15, 2020 (see attached development order).
STAFF ANALYSIS
The Applicant is requesting a Special Exception Use (Private School) approval for an additional
2,563 sq. ft. building space (Suite 200 & 201) to an existing private school use (Suite 206-208) in
the Mixed -Use Zoning District.
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 (One Main
Street) since May 2019. The proposed space is compatible with the character of the
surrounding area.
In terms of safety, after the special exception use application process, the Harvey
Academy is required to apply for a building permit including a fire plan review. The Fire
Safety department will ensure that the application meets fire safety codes since there is a
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Page 85 of 406
Agenda Item #9.
change in occupancy classification. The current use of the subject suites is changing from
office space to school.
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 (One Main
Street) since 2019. The proposed 2,563 sq. ft. space will not change the value of the other
property in the neighborhood. If the subject application is approved, the total school floor
area will be 5,660 sp. ft.
4. The use will be compatible with adjoining development and the proposed character of
the district where it is to be located.
The proposed 2,563 sq. ft. space is compatible with adjoining development and the
character of the district where it is located. The applicant has been providing educational
services at the subject location (One Main Street) since 2019. If the subject application is
improved, the total school floor area will be 5,660 sp. ft.
S. Adequate landscaping and screening is provided as required in this chapter.
The proposed space does not affect the existing landscaping or screening. The subject
application is not adding or modifying the existing footprint of the commercial plaza.
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.
The application does not involve increasing square footage of the building; required
parking and loading and ingress and egress are provided in the existing commercial plaza.
In terms of parking, the commercial plaza has a total of 110 parking spaces. The subject
application will have a total of three (3) administrative offices and seven (7) classrooms,
which requires a total of 16 parking spaces per the Village Code Sec. 78-705 (30) (b),
"Elementary and junior high: Three spaces per room used for administrative offices, plus
one space per room used for class instruction, plus one space for each six seats in the
auditorium and other places of assembly or facilities available to the public."
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.
Page 86 of 406
Agenda Item #9.
In terms of safety, after the special exception use application process, the Harvey Academy
is required to apply for a building permit including a fire plan review. The Fire Safety
department will ensure that the application meets fire safety codes since there is a change
in occupancy classification. The current use of the subject suites is changing from office
space to school.
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 commercial plaza that has a total of 110
parking spaces. The subject application does not affect the existing parking of the plaza
since the building foot print is not increasing.
The subject application will have a total of three (3) administrative offices and seven (7)
classrooms, which requires a total of 16 parking spaces per Village Code Sec. 78-705 (30)
(b), "Elementary and junior high: Three spaces per room used for administrative offices,
plus one space per room used for class instruction, plus one space for each six seats in the
auditorium and other places of assembly or facilities available to the public."
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 space is compatible with the overall character of the commercial plaza. The
proposed use will not be detrimental to adjacent and nearby properties and the Village as
a whole. In terms of safety, after the special exception use application process, the Harvey
Academy is required to apply for a building permit including a fire plan review. The Fire
Safety department will ensure that the application meets fire safety codes since there is a
change in occupancy classification. The current use of the subject suites is changing from
office space to school.
S. Utilities, with reference to location, availability and compatibility.
The Harvey Academy has been located in the existing shopping plaza (One Main Street)
since May 2019 and the proposed space 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 (One Main Street)
since May 2019. The proposed space will not add or modify the existing square footage of
the building. This standard is not applicable to this application.
7. General compatibility with adjacent properties and other property in the district.
The Harvey Academy is located in the existing commercial plaza (One 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 three (3) special
exception use approvals (private school) for One Main Street, which is in the Mixed -Use
Zoning District. The proposed Z563 square feet space will be compatible with adjacent
properties and other property in the district. If the subject application is approved, the
total school sq. ft. will be 5,660 sq. ft.
5
Page 87 of 406
Agenda Item #9.
8. Whether the change subjected is out of scale with the needs for the neighborhood or
Village.
The applicant has been providing educational services at the subject location (One Main
Street) since 2019. The proposed use (private school) will not be out of scale with the needs
of the neighborhood or the village. The proposed additional 2,563 square feet space will
be compatible with the neighborhood. If the subject application is approved, the total
school floor area will be 5,660 sp. ft.
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 March 28, 2021.
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 commercial plaza; then,
it does not require a site plan review per Section. 78-331.
In terms of safety, after the special exception use application process, the Harvey Academy is
required to apply for a building permit including a fire plan review. The Fire Safety department will
ensure that the application meets fire safety codes since there is a change in occupancy
classification. The current use of the subject suites is changing from office space to school.
III. EXISTING CONDITIONS
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Agenda Item #9.
Page 90 of 406
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: 411L2'>A0
IN RE: JMZ TEQUESTA PROPERTIES, INC., Owner TIM,9- pile,
Nancy Burke Harvey, PLLC, Applicant
PROPERTY LOCATION: I Main Street, Suite 2_006, Tequesta, FL 13469
LEGAII, 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
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to chanue the use of the building space from a tutoring facility to a private school
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(5111 through 8thgrade).
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 aid 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
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made a part hereof and are hereby incorporated by reference.
4. According to sections 78-180(1) of the Official Zoning Ordinance of the Village, of Tequesta",
schools are pem-iltted as a special exception use in the MU Zoning District upon approval by
the Village Council.
page I of 2
Page 91 of 406
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 25th
through 8th grade, all as described in the SLIPport ing documentation and presentation materials.
6
Under the illCode ordinances, the Village Council has the right, power and authority . Vage of
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 1,2.47
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 docurnentation 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.
C)
Please note:
R The term applicant(s) as used here shall include all successors and assigns.
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The applicant's special exception approval shall expire in twelve (12) months unless a bu'ldi
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permit has been obtained, preliminary site plan or plat approval has occurred, or other sI"gnif cant
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
MAY RMIGAIL BRENN
VILL J&E OF TEQUESTA
Page 2 of 2
Page 92 of 406
Agenda Item #9.
ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR SPECIAL EXCEPTION FILED: Village of Tequesta
CASE NO.: SEU 2-20 Date: I � laic
Time:
IN RE: JMZ TEQUESTA PROPERTIES, INC., Owner
Nancy Burke Harvey, PLLC, Applicant
PROPERTY LOCATION: I 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 Nlixed-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 I 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 I of 2
Page 93 of 406
Agenda Item #9.
1.147 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
COt *NCIL 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 A is hereby APPROVED.
Please note:
0 The term applicant(s) as used here shall include all successors and assigns.
N 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.
AYO ABIGAlfBIZENNA N-'4,'-
VILLZE OF TEQUESTA
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Page 2 of 2
Page 94 of 406
Agenda Item #9.
ORDER OF THE VILLAGE COUNCIL
VILLAGE OF TEQUESTA
REQUEST FOR SPECIAL EXCEPTION MODIFICATION
CASE NO.. SEU 4-20
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 Modification (Private School), to install an 842 square foot
awning to cover the south and west balcony of the building. The subject property
is located at 1 Main Street, Suites 207 & 208 Tequesta, FL 33469.
ORDER GRANTING SPECIAL EXCEPTION USE MODIFICATION
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 has submitted all documents required by the Village's Code of Ordinances for
Special Exception review.
3. The application and all supporting documentation and presentation materials as reviewed by
the Village Council at its October 8, 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 site previously received special exception approval and the current applicant now seeks
a modification of that approval, to install an 842 square foot awning to cover the south and
west second -floor balcony of the building for supervised reading and non -instructional time
Page 1 of 2
Page 95 of 406
Agenda Item #9.
for the school"s students, 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
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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 Use Modification in Case No. SEU 4-20, regarding the
above -referenced property in the Village of Tequesta, Palm Beach County, Florida, to permit the
following:
installation 842 square foot awning to cover the south and west balcony of the building
space at One Main Street, Suite 207 and 208, all as described in the supporting
documentation and presentation materials re-\,-iewed and considered by the Village Council
and attached to this order as Exhibit A
is hereby APPROVED since Village Council hereby finds that the applicants have met the standards
set forth in sections 78-180(1)(5)), 78-363, and 78-364 of the Official Zoning Code of the Village of
Tequesta for special exception use modification approval.
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 5' DAY OF OCTOBER 2020.
MAI A GAIL BRENNAN,
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L L GE OF TEQUESTA
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LORI MeWILLIAMS, MMC
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Page 2 of 2
Page 96 of 406
Agenda Item #9.
ORDER OF THE PLANNING AND ZONING BOARD
VILLAGE OF TEQUESTA
REQUEST FOR SITE PLAN MODIFICATION APPROVAL
ILED: Vill7 ge of Teq u esta
CASE NO.: SPM 2-20
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Date: J 11 1 91
IN RE: Nancy Burke Harvey, PLLC, Applicant Time:.
JMZ TEQUESTA PROPERTIES, INC., Owner
PROPERTY LOCATION: I Main Street, Suites 207 & 208, Tequesta, FL 33469
LEGAL DESCRIL P T ION: T 1E- U 13S '- T AVIT T 'GE 0E_11NJT1uR PAR 4 I-A-arl CENTER 14 .1-1
PARCEL CONTROL NUMBER: 60-43-40-30-47-004-0000
REQUEST: Approval of 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 I Main
Street, Suites 207 & 208 Tequesta, FL 33469.
ORDER APPROVING SITE PLAN APPLICATION
This cause came on to be heard upon the above application and the Planning and Zoning
Board of the Village of Tequesta having considered the evidence presented by the Applicant and
other interested persons at a hearing called and properly noticed, and the Planning and Zoning
Board of the Village of Tequesta being otherwise duly advised,
THEREUPON, THE PLANNING AND ZONING BOARD OF THE VILLAGE OF
TEQUESTA FINDS AS FOLLOWS:
The subject property is located in the MU (Mixed -Use) Zoning District in the Village
of Tequesta.
2. The Applicant has submitted all documents required by the Village's Code of
Ordinances for Planning and Zoning site plan modification review and final action.
3. The application and all supporting documentation and presentation materials as
reviewed by the Planning and Zoning Board at its October 15, 2020 meeting, and as
kept on file by the Village, are made a part hereof and are hereby incorporated by
reference.
4. According to Village Code Sections 22-53, and 78-331 through 78-333, site plan
approval by the Village Planning and Zoning Board is required.
5. The Applicant has applied for Site Plan Modification approval to install an 842
square foot awning to cover the south and west balcony of the subject property's
Page I
Page 97 of 406
Agenda Item #9.
building, located at I Main Street, Suites 207 & 208 Tequesta, FL 33469.
6. Under the provisions of the Village Code of Ordinances, the Planning and Zoning
Board has the right, power and authority to act upon the request herein made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE
PLANNING AND ZONING BOARD OF THE VILLAGE OF TEQUESTA5 FLORIDA, AS
FOLLOWS:
The application for Site Plan Modification approval, Case No. SPM 2-20 with reference to
the above described property within the Village offequesta, Palm Beach County, Florida, to install
an 842 square foot awning to cover the south and west balcony of the building, in accordance with
the application and all supporting documentation and presentation materials attached hereto as
Exhibit "A" is hereby APPROVED, with the following condition of approval applied hereto:
1. The Applicant shall ensure that the awning poles installed are the same color as the
existing columns to which the poles will attach.
Please note,,.
cai2, The term Applicant(s) shall include all successors and assigns.
LL� The Applicant's site plan approval shall expire in twelve (12) months unless a building permit
has been obtained in accordance with Sec. 78-334(h). If the building permit, expires or is voided,
the site plan approval also expires or becomes void.
DONE AND ORDERED THIS I q DAY OF OCTOBER, 2020.
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By: STEVEN EAGEN U
BOARD VICE -CHAIR
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Page 2
Page 98 of 406
Agenda Item #9.
OF
VILLAGE OF UESA
Department of Community Development
345 Tequesta Drive
Tequesta, Florida 33469
Ph: 561-768-0451 / Fax: 561-768-0698
www.tequesta.org
SPECIAL EXCEPTION USE APPLICATION
ADMINISTRATIVE APPROVAL
VILLAGE COUNCIL F. I Meeting Date:
DEPA TMENTAL USE ONLY
Ck. #
Fee:
Intake Date:
PROJECT #
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----------------------
T - he 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
Tecluesta.
PROJECT NAME: The Harvey Academy
PROJECT ADDRESS: 1 Main Street, Suites 200-201
Applicant Name: Nancy Harvey
Applicant Address: 165 Citadel Circle Jupiter, Fl, 33458
.561-768-9250
Applicant Phone No
Fax No:
Existing Use: office
Cell No: 561-827-8810
E-Mail Address: nancy@theharveyacademy.com
Description of Special Exception Use: -180
Applicant is reque . sting speciai exception use for a private school in the mixed -use zoni.ng district per section 78
The applicant will submit to the Village of Tecluesta 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.
I Written aut ho rizatio n from proper ,r owner if other than applicant.
4. All documentation required by Code: Chapter 78 — Zoning, Division 3 — Special Exception Uses
5. Three (3) j1x17 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 300400t 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 Exceptio n Ilse Application Fee:
a) Village Council: $500.00 PLUS Application Review Fee of $3 00.00 = $800-00
Administrative iew by mmuni Y evelopment Director: Application Review fee $300-00
00,00 _AAA?V j
v I Date
A licant's Sig re . u
t D 0
ra
To c v r all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, rmnsultant fees and
specia 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 99 of 406
Agenda Item #9.
Responses to Sec. 7&363~-Criteria,
1) The proposed u-se is for a kindergarten through 5th grade private school. All subjects will be taught
between the hours of8:3U' :OC\yNondayLhmughFriday. The maximum number ofstudents will be5S
between suites 2O0 I01,208,207^&208. Atpresent, wehave 34students atlMain Street. All class
teachers have aFlorida teacher's certificate. The ratio ofteacher tostudent vvU6/notexceedz�room
2> The new tenant LAse of suites 200 & 201 will protect the health, safety, welfare, and morals of the public.
3) The use by the teriant will not change the value of the other property in the nei9 hborhood.
4)i�e������������U��in�ee��use��m���h
neighboring tenamsinthe same buUdingand aunound)ngarea.
unchanged. e
5) The existing landscaping will remain undisturbed. Nochange tothe landscaping isrequested bythe
016) There are adequate spaces in the parking lot to accommodate parents dropping Off and picking up
Responses to Sec. 78-364~-Findings required for approval.
- z) The Harvey Academy will be in Complete compliance will all elements of the Village's
comprehensive plan.
J) 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 isposted bythe entrance toeach classroom.
3) Atarrival and dismissal, ateacher will beposted atthe south balcony for parents toarrive The
teacher either retrieves
4) The Harvey Academy does not create any nuisance factors.
5) Use ofutilities will not bechanged.
a) Screening and buffering will not bechanged.
7) The Harvey Academy will not change the general compatibility with adjacent properties,
@} 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 100 of 406
Agenda Item #9.
'
Dear Village of Tequesta Council Members,
During my first Council Meeting inMarch of 2020, you approved The Harvey Academy asaprivate
school. In June of the same year, you approved a 1,750 square foot expansion of The Harvey Academy
at1Main Street which brought rnytotal square footage to3,O97. |amonce again asking for an
additional 2,563 square feet (suites 200 & 201) which will bring my total square footage toS,56O. Suite
200 & 201 would accommodate my kindergarten through fifth grade students who currently reside at
Gallery Square South. Moving the lower school to 1 Main Street will benefit both my students and staff.
With the entire school under one'roof, my response time to any issue will be momentary, thereby
increasing productivity and strengtheningour positive nurturing environment.
The new space will have 3 classrooms 2half bathrooms for students, and offices for administration.
The entire school will hold nomore than GOstudents. Currently, vvehave 42kindergar-tenthrough IOtL
grade students enrolled and 10 staff members.
VVeoffer aunique learning environment for students with Dyslexia, ADHC\anxiety, orany student who
needstheattendonofferedbvaG:1studcnttoteacherratiuVVeteachaUsuNect onadaUybasisfnorn
O-]Oam—Z-ODpmandadheretoayear-roundschedu|eLhai[uur9-�eekses�ion�c�vY�ed�u
With the increased student body, | will bedirectng2separate arrival and dbrnissa|procedures atthe
south stairwell. Kindergarten through fifLhgrade will arrive at 83Qarnand dismiss at2:ODprn. Sixth
through eleventh �rode wiUhave anextended schedu}e�arri�ngatD�OOan,and d�mu��ngai3J]Oprn.
We will al5a be offering Space Club, Spanish Club, and Aftercare which will diSO)i5s at4;OOarid S:3Dpm
Thank you |nadvance for your time and consideration.
YSin rely,
Nancy Bur OHarvey, M. Ed.
The Harvey Academy
1 Main Street', Tequesta,, F1 33469
561'827-�5z,I7
Agenda Item #9.
JMZ TEOUESTA PROPERTIES INC
e
C/o 18903 SE Federal Hwy., Tequesta, FL 33469
Phone: (561) 748-8883 Fax: (561) 222-2030
jmzprop@aol.com
3/23/21
Village of Tequesta
Dear Village Representative,
Let this letter serve as our written notice that Nancy Harvey has ourapproval for the of
suites 200 & 201 at our One Main Street building for The Harvey Academy.
Sincerely,
Elizabeth Minell'
JMZ Tequesta Properties, Inc.
Page 102 of 406
Agenda Item #9.
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Page 103 of 406
Agenda Item #9.
The 2021 m2022 Harvey Academy Calendar
.-M
First 9 Weeks
Labor Day
Fall Break
Second 91Neeks
Thanksgiving Break
Holiday Break
Third 9 Weeks
Markin Luther King Day
Presidents' Day
Spring Break
Final 10 Weeks
Good Friday
Memorial Day
812/21 in 10/8121
9/6/21, No School
10/2/21 - 10/17/21, No School
10/18/21 m 12/17/21
11/22/21 - 11/26/21 No School
12/18/21 - 1/9/22, No School
1/10/22 - 3/11/22
1/17/22, No School
2/21/22, No School
3/12/22 - 3/27/22, No School
3/28/22 - 6/3/22
4/15/22, No School
5/30/22, No School
Page 104 of 406
Agenda Item #9.
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—cument Number
Detail by FEI/EIN Number
Florida Limited Liability Company
NANCY BURKE HARVEY, PLLC
Filing Information
Document NumberL15000076993 FEI/ElN Number47�3935928 Date Filed04/3
Sta0/2015 StateFL
tusACTIVE
Principal Address
198 Seabrook Road
Tequesta, FL 33469
Changed: 02/20/2019
Mailing Address
165 CITADEL CIRCLE
JUPITER, FL 33458
Registered Agent Name & Address Derain
e M. Ward Accounting, LLC
5575 S. SEMORAN BLVD
SUITE 36
ORLANDO, FL 32822
Name Changed: 04/19/2016
Address Changed: 07/12/2019
Authorized Person(s) Detail Name & Address
Title AMBR
HARVEY, NANCY BURKE
165 CITADEL CIRCLE
JUPITER, FL 33458
Annual Reports
Report Year Filed Date
2017 03/13/2017
2018 03/12/2018
2019 02/2012019
Page 105 of 406
Agerda Item #9.
u0cument Images
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