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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. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-768-0443. 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 dn �r i� �s l 9 � 1 x 4% Harvey Academy 0 0 ire Strt 1 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 3 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 0 ',•-ii• �10 r ' '4f Iwo f. S 1 iq°I WIN _ a *�N 1l Ilk? � �rh Man— — Yo.— 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 L05 to chanue the use of the building space from a tutoring facility to a private school 1!� - (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 r" I C" 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. E 1 1 ng The applicant's special exception approval shall expire in twelve (12) months unless a bu'ldi i 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 N1. 0 F . ....... . N .. N\ VNN 4L PO 0 LORI McWILLIAMS, MMC SEAL. VILLAGE CLERK INCOnpORAT tp fir4 1 9' F 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 Z= 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, C L L GE OF TEQUESTA NN, ........ OF ..... r -0 Cj -SEAL:�_= LORI MeWILLIAMS, MMC INCORPORATED' VILLAGE CLERK 4 ...... ON '\\N II11110F 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 " Me) 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. Ile G)FAV) By: STEVEN EAGEN U BOARD VICE -CHAIR g"\1 OF T ..... .... . 0 nt ALO LORI McWI IAMS, MMC %4Y VILLAGE CLERK 'A >;= SEAL INCORPORATED.*' Ilk OF F 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 # t ---------------------- 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. to C*4 (D CD Lo� LU Ln cl LU LU LU uj U. 0 Q� CL 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. ik�.3, _� f ea .P-wfP-qM9EtD-L$1@tQ s . ra ai9q2-jqf —00rp - _Qt�j o n Sear .-sh -Records • Detail Bye e —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 02/20/.g n 1 Q -- ANC UAL REPORT I- YIQ�ge in PDT' Wmat 03/12/9n 1 R =.At qNUAL RPPORT Maw Mrs in PDF format 03/13/qn1 7 111,11111 I Via ge in PDF Mnal 041-1912-018 ANNANNUAL EP PT UALRE2Q r�r Mew age in PDF Wmat 04/30120 1 s Ja Li )d L=Lability View im Florida Department of State, Division of Corporations ^A.. fin Florida D-e aartment of 4. g a > •DL ivi.sio.n of �Crporafions Page 106 of 406 No Text No Text Agenda Item #9. Page 109 of 406 Li Q U) dO Agenda Item #9. CN cm Cn i{ s {1S AR # CD y f{{lylj Z y- �'Z k.- (4 r: mt I,- LijQ F � y �1 ,{pr sq it ,� R y x'a `a]�i� Cu" rsR rS * ,K _K may, C) Q IL�7 € �.' I {..! 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