HomeMy WebLinkAboutDocumentation_Regular_Tab 13_5/12/2022Agenda Item #13.
Regular Council
STAFF MEMO
Meeting: Regular Council - May 12 2022
Staff Contact: Nilsa Zacarias, Director of
Community Development
Department: Community Development
SEU 02-22: Application from TAMWEST REALTY INC for a Special Exception Use approval pursuant
to Section 78-177(d)(17) of the Village of Tequesta Code of Ordinances. The Applicant is requesting
Special Exception Use approval for a 2,544 square foot fast food restaurant with a drive-thru
(Starbucks) in the C-2 Zoning District. The application includes a landscaping plan, wall signs, a menu
board, monument sign, clearance poles and other signage. The subject property is located at 710 N
US Highway 1, Tequesta, FL 33469.
Application from TAMWEST REALTY INC for a Special Exception Use approval pursuant to Section 78-
177(d)(17) of the Village of Tequesta Code of Ordinances. The Applicant is requesting Special Exception
Use approval for a 2,544 square foot fast food restaurant with a drive-thru (Starbucks) in the C-2 Zoning
District. The application includes a landscaping plan, wall signs, a menu board, monument sign,
clearance poles and other signage. The subject property is located at 710 N US Highway 1, 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.
BUDGETED AMOUNT: N/A AVAILABLE AMOUNT: N/A EXPENDITURE AMOUNT: N/A
Additional Budgetary Information: Funding Source(s):
N/A
SEU 2-22 Starbucks Staff Report
SE App
Warranty Deed
SBUX SE Justification 3-25-2022
SP-1
S P-2
Survey 21-122 SIGNED
N/A
Page 174 of 254
Agenda Item #13.
VILLAGE OF TEQU ESTA
Department of Community Development
Staff Report — Village Council Hearing — May 1Z 2022
Petition No. — SEU 2-22
APPLICANT: 2GHO
c.c Troy Holloway
1907 Commerce Lane, Suite 101
Jupiter, FL 33458
OWNER: TAMWEST REALTY INC (Plaza Owner)
REQUEST: SEU 2-22: Application from TAMWEST REALTY INC for a Special Exception Use
approval pursuant to Section 78-177(d)(17) of the Village of Tequesta Code of
Ordinances. The Applicant is requesting Special Exception Use approval for a
2,544 square foot fast food restaurant with a drive-thru (Starbucks) in the C-2
Zoning District. The application includes a landscaping plan, wall signs, a menu
board, monument sign, clearance poles and other signage. The subject property
is located at 710 N US Highway 1, Tequesta, FL 33469.
LOCATION: 710 N US Highway 1
Tequesta, FL 33469
Location Map
1
Page 175 of 254
Agenda Item #13.
PETITION FACTS
a. Total Gross Site Area: 42,253 sq. ft. (0.97 Acres)
b. Total Building Square Footage: 13,295 sq. ft.
c. Building Height: 16'0"
Land Use and Zoning
EXISTING LAND
FUTURE LAND USE
ZONING
USE
C-2 (Community
SUBJECT PROPERTY
Commercial
Commercial
Commercial
District)
North
C-2 (Community
County Line
Commercial (C)
Commercial (C)
Commercial
Plaza
District)
South
Tequesta
Mixed Use (M-U)
Mixed Use (M-U)
M-U (Mixed Use)
Terrace (ALF)
East
C-2 (Community
Commercial (C)
Commercial (C)
Commercial
District)
West
G2 (Community
County Line Plaza
Commercial (C)
Commercial (C)
Commercial
District)
1. BACKGROUND
In 1987, the subject site was purchased to build a Seacoast Bank. The Seacoast Bank occupied
the parcel until 2017 when the branch was closed. Since the closure of the bank, the parcel has
been unoccupied, thus leaving a vacant building within the plaza. After years of remaining
vacant, the current property owner of County Line Plaza, Tamwest Realty, was approached by
Starbucks to construct a location within the Village of Tequesta.
In March 2022, the Village received applications for a Special Exception Use and Site Plan
Review. Per the Village Code, a food establishment such as Starbucks is reviewed and processed
as a "fast food restaurant." Fast food restaurants are a permitted special exception use in the C-
2 Zoning District. The Applicant is requesting a Special Exception Use (fast food restaurant) to
build a one (1) story, 2,544 square foot fast food restaurant with a drive-thru. The application
includes a landscaping plan, wall signs, a menu board, monument sign, clearance poles and
other signage. Currently, the shopping plaza includes various food establishments such as
Subway, Dominos, and Dunkin Donuts.
STAFF ANALYSIS
Section 78-361 of the Village Code states that certain uses because their unique characteristics
cannot be classified or regulated in a particular zoning district without consideration in each
2
Page 176 of 254
Agenda Item #13.
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.
The Applicant is requesting Special Exception Use approval to allow a 2,544 square foot fast
food restaurant with a drive-thru (Starbucks) in the C-2 Zoning District. The application includes
a landscaping plan, wall signs, a menu board, monument sign, clearance poles and other
signage.
The proposed Starbucks building will be located in an outparcel within an existing Shopping
Plaza (County Line Plaza) in the C-2 Commercial Zoning District. Per Section 78-177 (d)(17), fast
food restaurants are considered Special Exception Uses in the C-2 zoning district.
Per the Village Code, once a the Special Exception Use is approved by the Village Council; then,
the subject application is required to be reviewed under the Site Plan Review process. The Site
Plan Review process include compliance with Article IX, Division 2, Site Plan Review. In addition,
the subject application will be heard by the Planning and Zoning Board and Village Council. The
Site Plan Review process includes compliance with zoning code, aesthetics considerations and
overall compatibility with the surrounding.
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 78-177 (d) (17) Special Exception Uses permitted in the
Community Commercial zoning district of the Village of Tequesta Code of
Ordinances"(17) Fast Food Restaurant." The proposed restaurant use is a permitted
special exception use as allowed by Section 78-177(d) (17).
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 proposed use does not present a detriment to the established public health, safety,
welfare, and moral standards. The proposed development is undergoing the Site Plan
Review process, which includes a detail review by the Development Review Committee
(DRC) including Fire Safety, Law Enforcement, Engineering, Building, Landscaping and
Planning.
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 is proposing a fast food restaurant with adrive-thru within an existing
commercial shopping plaza that will not cause substantial injury to the value of other
properties in the neighborhood.
4. The use will be compatible with adjoining development and the proposed character of
the district where it is to be located.
3
Page 177 of 254
Agenda Item #13.
The proposed fast food restaurant use will be compatible with the surrounding
commercial uses within the corridor. The subject plaza includes various food
establishments such as Domino's Pizza, Subway, and Dunkin Donuts.
S. Adequate landscaping and screening is provided as required in this chapter.
The proposed development is undergoing the Site Plan Review process, which includes a
detail review by the Development Review Committee (DRC) including Fire Safety, Law
Enforcement, Engineering, Building, Landscaping and Planning. The proposed
landscaping and screening will be in compliance with the zoning code standards as
required in this chapter. The development will provide the required landscape buffers, as
required by code, and will aid in creating a development that is cohesive within the US 1
corridor.
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 proposed development is undergoing the Site Plan Review process, which includes a
detail review by the Development Review Committee (DRC) including Fire Safety, Law
Enforcement, Engineering, Building, Landscaping and Planning.
The proposed application meets the requirements of off street parking and loading area
per the Village Code.
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 Commercial future land use district. The proposed
fast food restaurant use complies with Policy 1.1.2 "the Village's Land Development
Regulations shall conform to, and implement, the use, density and intensity standards as
outlined on Table FLU-1"
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.
The proposed development is undergoing the Site Plan Review process, which includes a
detail review by the Development Review Committee (DRC) including Fire Safety, Law
Enforcement, Engineering, Building, Landscaping and Planning. The ingress and egress
to the proposed development will comply with Village codes in terms of traffic flow and
access in case of fire or catastrophe.
The proposed application includes sidewalks and connectivity to the existing shopping
plaza.
3. Off-street parking and loading area, where required, with particular attention to the
items in subsection (2) of this section.
The proposed development provides for 33 parking spaces, which is four (4) over the
required 29 spaces per Village Code Sec. 78-705 (30): Restaurants: One space per three
0
Page 178 of 254
Agenda Item #13.
seating accommodations, or one space per 100 square feet of gross floor area,
whichever is greater, including permitted outdoor seating areas." The applicant complies
with the necessary number of parking spaces and loading area as required by the Village
Code.
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 use 'fast food restaurant" does not present a detriment to the established
public health, safety, welfare, and moral standards.
The proposed development is undergoing the Site Plan Review process, which includes a
detail review by the Development Review Committee (DRC) including Fire Safety, Law
Enforcement, Engineering, Building, Landscaping and Planning.
The subject plaza includes various food establishments such as Domino's Pizza, Subway,
and Dunkin Donuts.
5. Utilities, with reference to location, availability and compatibility.
The proposed development will have the appropriate needed utilities. With the
concurrent site plan request for this project, the applicant has requested confirmation
of service availability letters from the applicable utility providers.
6. Screening and buffering, with reference, to type, dimensions and character.
The proposed development is undergoing the Site Plan Review process, which includes a
detail review by the Development Review Committee (DRC) including Fire Safety, Law
Enforcement, Engineering, Building, Landscaping and Planning. The proposed
landscaping and screening will be in compliance with the zoning code standards as
required in this chapter. The development will provide the required landscape buffers,
as required by code, and will aid in creating a development that is cohesive within the
US 1 corridor.
7. General compatibility with adjacent properties and other property in the district.
The proposed fast food restaurant use will be compatible with the surrounding
commercial uses within the corridor. The subject plaza includes various food
establishments such as Domino-s Pizza, Subway, and Dunkin Donuts.
8. Whether the change subjected is out of scale with the needs for the neighborhood or
Village.
The proposed use `fast food restaurant" is consistent with the Village needs in terms of
food establishments.
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.
5
Page 179 of 254
Agenda Item #13.
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 May 2,
2022. 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 modifying the site plan of the existing commercial plaza; then, it
requires a site plan review per Section 78-331. The site plan review application will be heard by
the Planning and Zoning Board at the May 19, 2022 meeting.
III. EXISTING CONDITIONS
0
Page 180 of 254
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Agenda Item #13.
IV. PROPOSED CONDITIONS
33'- 6" 1 M-=TALI�ANOPY
DER TO
MMUFACTURER
EQ
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WALL
------ - --- ----------
NORTHWEST ELEVATION
Sea ia: 3/16" — 1'.(r
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-SOUTHWEST ELEVATION
Sc a e: -,' 1 ---,
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Page 182 of 254
Agenda Item #13.
VILLAGE OF TEQUESTA
Department of Community Development
345 Tequesta Drive
Tequesta, Florida 33469
Ph: 561-768-0451 / Fax: 561-768-0698
xNrww.teques ta.org
SPECIAL EXCEPTION USE APPLICATION
ADMINISTRATIVE APPROVAL
VILLAGE COUNCIL Meeting Date:
DEPARTMENTAL USE ONLY
Ck. #
Fee:
Intake Date:
PROJECT #
L----------------------�
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it is understood that
it shall only authorize that particular use described in this application and any conditions or safeguards required by the Village of
Tequesta.
PROJECT NAME: Starbucks Tequesta
PROJECT ADDRESS: 710 N. US Highway 1, Tequesta FL, 33469
Applicant Name: 2GHO, Inc. on behalf of Starbucks Corporation
Applicant Address:_1907 Commerce Lane, Suite 101, Jupiter, FL 33458
Applicant Phone No: 551-575-9557
Fax No: 561-575-5260
Existing Use: vacant bank
Cell No:
E-Mail Address: george 2gho-com, troy 2gho-com
Description of Special Exception Use: _
Proposed fast food restaurant use
The applicant will submit to the Village of Tequesta Department of Community Development the following documents for Planning
& Zoning Board review, forty-five business (45) days prior to the meeting date:
1. Current survey or site plan of property showing structures and setbacks.
Z. Drawings to scale of proposed improvements requiring special exception use approval.
3. Written authorization from property owner if other than applicant.
4. All documentation required by Code: Chapter 78— Zoning, Division 3 -- Special Exception Uses
5. Three (3) 11x17 size and one (1) 2436 size hard copies of all submittals and one (1) CD with PDF files and completed application.
6. List of all owners of property within a 300-foot radius of the boundary lines of the property for which a special exception is requested. The list
shall be provided by the applicant from the most recent tax roll information as provided by the county appraiser's office. The applicant must
furnish an affidavit signed by the person responsible for providing the list. Stamped, self-sealing envelopes with a Village of Tequesta return
address label aad the property owner label is required. Note: this is not required for requests which are reviewed administratively by the
Community Devir!opment Director.
7. Special Exceptwis+riplication Fee:
aj WAErEe C° -(.'-,ur cil: $500.00 PLUS Application Review Fee of $300.00 = $800.00
b a..-" Admini_ktrative Revte-w by Community Development Director: Application Review fee = $300.00
21712022
Applicant s Sign a 41 e _ Date
To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and
special studies, the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30
days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be
grounds for not issuing a building or zoning permit, certificate of occupancy or completion. Costs associated with advertising for public
hearings and other public notice requirements are the responsibility of the applicant. The fee shall be paid prior to such application
being scheduled for a public hearing requiring notice.
Page 183 of 254
Agend tem #13.
4
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THIS INSTRUMENT D BY:
PETER S. HOLTON# q.
JOKES, FOSTER, JOHNS & STUBBS, P.A.
505 south Flagler suite 1100
Post Office Drawer
West Palm Beach, F1 33402 -3475
WILL ALL � 85�� w L c
KAY-19-1"2 0t:08PM 92-154497
�NUMBER:
imadd" DENTIFICAT
ORB 7250 N 899
Con 718501000. 00 Doc 47110(1 a0
PROPERTY CONTROL NUMBERS:(0
60-43-40-30-00-001-00
CLEW OF THE COURT PB #+1TYs FL
- - - - --0190
60- 43-40-30--00-002-0041
THIS SPECIAL WARRANTY DEED a 18th day of May, A.D. 1992, by
TEQUESTA PLAZA COR.P` . , a car r
n existing under the laws of
Florida, and having its pr'
10 place of business at c/o
MidLantic Corporation, 499 T
Street, Metro Park Plaza
Edison, New Jersey 08818 (he i
called the grantor), to
TAMWEST REALTY, INC,, a Florida
a ation, whose post office
address is 1 -01 '"4
N . (hereinafter
called the grantee):
(Wherever used herein the terms "grantor"
and r e" include all the parties
to this instrument and the heirs, legal sentatives and assigns of
individuals, and the successors and assigns
o orporations)
Witmesseth: That the grantor, o and in consideration
of the sum of Ten Dollars
($10.0 d other valuable
considerations, receipt whereof is
hereby c owledged, by these
presents does grant, bargain, self.,
alien, , release, convey
and confirm unto the grantee. a l l that cent d situate in Palm
Beach County, Florida, viz:
SEE LEGAL DESCRIPTION
ATTACHED AS
EXHIBIT "All
Together with all the tenements, hereditaments and
appurtenances thereto belonging or in anywise appertaining.
To Have arLd to Hold, the same in fee simple forever.
Subject, however, to restrictions, reservations,
conditions, limitations, easements of record; matters which would
be disclosed on an accurate survey; taxes for the current year and
all subsequent years; and all matters listed on Exhibit "B"
attached hereto and made a part hereof.
And the grantor hereby covenants with said grantee that
it is lawfully seized of said land in fee simple; that it has good
4 of 254
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i _L' x 't t ei 1 _,• - [ 7'- rr ..Y�' �• }i_: Si--'1.rT'., 4„'': ;.i�ri{«��i��i�a��•�1X��L�'R'�V1�L""�YTiRR►K i�4iC7�=
fp ORB 7250 Ps 900
right and 1 authority to sell and convey said land; that it
will defend a same against the lawful claims of all persons
claiming by, thr h or under the said grantor.
In Witness f the grantor has caused these presents to be
executed in its a , and its corporate seal to be hereunto
affixed, by its p f i cers thereunto duly authorized, the day
and year first abov itten.
Signed, sealed and de ed
in our es ce: TEQUESTA ZA C , a Florida
corporat o
By:
rin me A BRADLEY A. SCHERER
Its: Vice President
r nt Name (Corporate Seal)
STATE OF FLORIDA
COUNTY OF PALM BEACH
r
The foregoing instrument was ack ged before me this
day of May, 1992 by Bradley A. Sc er as Vice President of
TEQUESTA PLAZA CORP., a Florida corpo ion on behalf of the
corporation. He is personally known o e or has produced a
driver's license as identification and ke an oath.
(NOTARY SEAL)
ARR:\11721.119\tequeeta.swd
q
NotaYy r4 N
Print Name: IrPx
My commission expires:
"' °t
44ro COMM. Eyp AUG- 3. 1993
..r- BONDED SA�yYNAR
BaNDiNG
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5of254
AgendF Item #130
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PARCEL 1
That pa
n of the south of Government Lot 1. Section 30, Township 40 South, t the
ange
43 East, Palm Beach C orida lying west o1 a tine which 4s 51 feet westerly
line of curveCCOrdI to the right of way map for State Road too 5, Secti ed afol]a��+s�
04
vase y
prepared by the Florida ❑epartm t of Transportation more particularly descry
Beginning at the southwest of Government Lot 1. Section 30. Township 40 South,
gi 9 thence north 0Cr12'12* west, along the west
Range 43 East, Palm Beach County, Florida: turn,
he sOijth
line of said Government Lot i ,ads of 450.01 feet to a point in the earth lane of t distance
450 of said Government Lot 1; th uth 89°57 D9 east, along said north line,
of
.77 feel. more or less, to a pain rke,
is parallel with and 51 feet westerly
ast fo y State
measured at right angles to the base$ cording tnment the Hof T ansponatron, thence
Road No. 5, Section 930~40-2503 preparida I]epa
te of 471,42 feet, more or less. to a point
south 17"17'07" east, along said parallel rth 89"5I'08` west. along said parallel
in the south line of sand Government Lottine, a distance o1 948.24 lest, moreor lepornz of beginning
PARCW-A'K
Highway No 1 (SR No 5� with the
Commencing at the intersection of 1h40 centerSouth,ne Rang 9 Palm Beach County. Florida;
noun line of Section 30. Township parallel
thence southeasterly along sand centertne +distant ! 9 feet;
thethence
westeeste rly ht-ai-way
with the north line of Section 30, a distance of 53.49 feNooje
a point own on Florida Department
line of the i 02-foot wide right-ol•way tar U.S Highway
f Trans citation right-ol-way map section g3040.2503, annt of Beginning
f the
e herein
a p of Section
described parcel; thence continue westerly parade! with [h$ ht-of wa tine, a distance
of 451.27 feet, thence southeasterly parallel with the sal
eaWO crit�ed n parcel one o1
of100 feel to the north line of a 54-foci "'ride rca a cords of Palm Beach
property described rn O ficial Record Book 4258, P 9and parallel with the
County, Florida. thence westerly along then757 1laetofta cornea of property
north line of Section 30, a distance o
described ,n Deed Boots 1097, page 379. Pubttc Records of l County, Florida',
Flor nd
thence northwesterly parallel with the westerly rig#it-at-+�►raY� line
@oakH1097, page 379, a
running along the east line of said property wdns;fie north line of Section 30, a distance o1
distance of 250 feet, thence westerly pa
56 feet thence northwesterly, parallel with the westerly sight -of -way of U.S. Highway
NW
1, a distance of 345.f35 #set, more of less, to the Southeast carnebof th�h� �prtl�Mrest cornet of
,A) of the northwest quarter (NW 'I.) of said Section 30; also g
Government Lot 2 of said Section 30; thence South ST57'W east, along the north line of said
Government Lot 2, a distance of 948.24 feet,
mQse or less, to the said westerly right-of-way line
of U.S. Highway No_ 1; thence southeasterly along said westerly right-of-way line, a distance
of 499.71 feet to the point of beginning.
TOGETHER yv A parcel of land in
ith an easernen# over the following described property:Florida, 50 feet in width,
5eclion 30, Township 40 South, Range 43 East, Palrn 13eaCh County,
for road right of way purposes and hxiuding a strip of laird twenty -fie feet in Meter line;
parallel lines, measured at right angles, on each side of the toll R � 5e ter2001,41 e
Commencing at a paint in the tenter line of U.S. Highway No. (State � the Intersection of the
}set southerly (measured along the center line of U.S. Highway Highway Flo. 1, as It Is now laid out
north fine of said Section 30 with the center line of U.S
parallel with the north line of said Section 30, a distance of 53.49
and In use, thence westerly, p thence
feet to the point of beginning and the westerly right of way line of vg hway Nohs easterly
continue westerly, along the same course, a distance of i OW feet,
moreright of way line of the Old Dixie Highway.
pacje 1 of 3
d6 of 254
Agend tem #13.
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ORB 7250 Ps 902
PARCEL 3
Commencing at the ion of the center line of U.S. Highway No 1 (S. R. No 5) with the
worth line ❑f Section T nsh+p 40 South, Lange 43 East, Palm Beach County, Florida;
thence southeasterly a enterline a distance of 1975.19 feet; thence westerly parallel
with the North line of Sect' ,r
distance of 907.33 feet, to the Southwest cornet of property
described in peed Book 7, Page 379, Public Records of Palm Beach County. Florida and
the Point of Beginning; thenc westerly parallel with the westerly right-of-way line of U.S.
Highway No. 1, and runnin the Vilest line of said property described in Deed Book
1097, Page 379, a distance of feet. thence westerly parallel with the North lime of Section
30. a distance of 83.91 feet; thence easterly, parallel with the wresterty right-of-way of U.S.
Highway No. 1, a distance of 250. fe thence easterly parallel with the North fine of Section
30 a distance of 83.91 feet to the eginning.
17A 4
Beginning at the Southeast corner of the t"Lamer (NW vs) of the Northwest Quarter
(NW v.) of Section 30, Township 40 South, a 1, Palm Beach County, Florida; thence
South 1 r17'0r Fast and running parallel wit ly right-of-way line of U.S. Highway
No. 1, as said right-of-way is shown on the A d partment of Transportation right-ol-way
map Section 93040-2503, a distance of 345.85 line parallel with the North line of
Section 30 also being the westerly extension of the ne of that certain property described
in Deed Book 1097, page 379, Public Records of County, Florida; thence North
89" 43Ar West along said line a distance of 26.22 feet a onh I ri 7'07" Vilest a distance
of 345.74 feet to the South line of the said Northwest Q r (NVV 14) of the Northwest Quarter
(NW 1/4) of Section 30; thence South 89°57'09i' East along sa' 0�1th line a distance of 26.19
feet to the point of beginning.
PARCEL 5
Commencing at the intersection of the centerline of U.S High aR No. 5) with the
North line of Section 30, Township 40 South, Range 43 East, P County, Florida;
thence southeasterly along said centerline a distance of 1875.19 fee);, n westerly parallel with
the North line of Section 30, a distance of 53.49 feet to a point in the westerly right-of-way line
of the 102-foot wide right-of-way for U.S. Highway No. 1, as shown on Florida department of
Transportation right-of-way map section 93040.2503, and the Point of Beginning of the herein
described parcel; then continue westerly parallel with the North line of Section 30, a distance
of 451.27 feet; then southeasterly parallel with the said westerly right-of-way line, a distance of
100 feet to the North line of a 50-tool wide road easement, described in peed Book 1066,
page 364, Public Records of Palm Beach County, Florida; then easterly along the North line
of said easement; and parallel with the North line of Section 30, a distance of 451.27 feet to
the said westerly right-ol-way line of U.S Highway No. 1; then northwesterly along said right-of-
way line, a distance of 100 feet to the Point of Beginning.
Less, however the road right-ol-way as described in the official Records Book 6098, Page
1005, being more particularly described as follows:
Commencing at the intersection of the centerline of U.S. Highway No. 1 (SR No. 5) with the
North line of Section 30, Township 40 South, Range 43 East, Palm Beach County, Florida; as
said centerline is shown on Florida Department of Transportation right-of-way reap Section
93040-2503; thence South 1 r1l 7,or East along said centerline, a distance of 1834.06 feet;
thence South 72°42'53" West, a distance of 51.00 feet to a point in the westerly right-ol-way
line of U.S. Highway No. 1 as shown on said right-of-way map and the Point of Beginning;
wage 2 of 3
87 of 254
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ORB 7250 P9 90
thence South 2r st, a distance of 35.35 feet; thence South 7'2"42'4T West, a distance
of 183.00 feet to 01 Curvature of a curve concave northwestetly hawing a radius of
700.00 feet; themeN terly and westady along the arc of said curve through a central
angle of 17' 33'20", a 214.48 ieet to a paint on the North line of a 60.00 loot wide
easement as recorded 1066, page 3 ; thence North W43'4r West along the
said North line, a distan f 414.22 feat; thanes South 1 r17'0-r East, a distance of 52.44 feet
to a paint On the South line of aid 50.00 loot wide easement; thence South 8W43'4T East
along the said South line, ce of 398.40 legit to the Point of Curvature of a curve
concave northwesterly having dius of 750.00 feet; there easterty and northeasterly along
Me arc of said curve through a oe angle of 17°33'20�', a distance of 229.8 feet; thence
North M42'53" East, a distance 1 .00 leet; thence South W 17"Or East, a distance of
35.35 feet to a point on the said r ht-ot•way litre of U.S. Highway No. 1, thence north
I rI 7'07" West along said westerly r' ay line, a distance of 100.00 feet to the Point of
Beginning.
Page 3 of 3
} 8 of 254
Agend
ORB 7250 P9 904
EXHIBIT 11B11
1. Notice of rights in favor of Loxahatchee River
Environmenta C trol District recorded in Official Record
Book 4984, p 4, Public Records of Palm Beach County,
Florida.
2. Terms, conditions covenants, including but not limited to
Lease attached a�hibit "B" thereto, contained in that
certain Terminatio Agreement recorded in Official Record Book
6289, page 137, Publ' cords of Palm Beach County, Florida.
3. Landscaping Maintenanc rantee recorded in official Record
Book 6022, page 554, u "c Records of Palm Beach County,
Florida.
4. Lease with T.B.I.S. Corp a La evidenced by Memorandum of
Lease recorded in Offic ord Book 6289, page 125,
together with UCC--1 Financ t ement with TCF Commercial
Leasing Corporation, record fficial Record Book 6189,
page 1265, and Non -Disturb and Attornment Agreement
recorded in official Record 6226, page 1988, Public
Records of Palm Beach County, a
•
5. Eas`ement(s) in favor of Villag f Tequesta, recorded in
Official Record Book 6096, page 1 57 together with Bill of
Sale in official Record Book 6096, g 1068, Public Records
of Palm Beach County, Florida.
6. Developer Agreement with Tequesta Wate rtment recorded in
Official Record Book 6096, page 1069, P Records of Palm
Beach County, Florida.
7. Resolution fixing set -back requirements, d in Deed Book
1045, page 327, Public Records of Palm Beach County, Florida.
8. Agreement with Loxahatchee River Environmental Control
District recorded in official Record Book 5563, page 1354,
Public Records of Palm Beach County, Florida.
9. Right of Way Easement(s) in favor of Southern Bell Telephone
and Telegraph Company recorded in official Record Book 2708,
page 753, Public Records of Palm Beach County, Florida.
10. Removal Agreement recorded in official Record Book 2862, page
1155, Public Records of Palm Beach County, Florida.
11. Agreement with Loxahatchee River Environmental Control
District recorded in Official Record Book 3984, page 884, as
assigned in Official Record Book 4517, page 1992, and in
Official Record Book 5415, page 1122, Public Records of Palm
Beach County, Florida.
89 of 254
Agend tem #13.
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0 ORB 7250 Ps 905
12. Lease w inn -Dixie Stores, Inc., evidenced by Short Form
Lease r rded in official Record Book 5632, page 1327,
together wi Subordination, Non -Disturbance and Attornment
Agreement ded in official Record Book 5632, page 1333,
and Consent 'nn-Dixie Stores, Inc., recorded in official
Record Book 4 , page 1597, Public Records of Palm Beach
County, Flori
13. Unity of Title Agr ement recorded in official Record Book
5767, page 1174, ' c Records of Palm Beach County, Florida.
14. Lease with BankAtl tic, a Federal Savings Bank, evidenced by
Short Form Lease rec d in Official Record Book 5943, page
15821 Public Record Palm Beach County, Florida,
15. Restrictive covenants, 'tions, stipulations, easements and
reservations as set for that certain instrument recorded
in Deed Book 777, pag ublic Records of Palm Beach
County, Florida • includi not limited to o r more of
y one o
the following: provisions ate charges or assessments;
liens for liquidated damag or option, right of first
refusal or prior approval o ture purchaser or occupant.
16. Sewer Easement in favor of L e River Environmental
Control District, recorded in 'a Record Book 5913, page
931, Public Records of Palm Bea ty, Florida.
17. Net Ground Lease ( including option t❑ rchase) dated July 17,
1989 , as modified by an Amendment o f e e dated September 19,
1989, between NCNB National Bank o ida (as lessee) and
Tequesta Associates, Limited Partner i (as lessor).
18. Non --Disturbance and Attornment Agreem a d March 13, 1992 ,
by and between NCNB National Bank a 'da and Tequesta
Plaza Corp,
19. Memorandum of Lease dated March 13, 1992, executed by NCNB
National Bank of Florida and Tequesta Plaza Corp.
20. Rights or claims of parties in possession not shown by the
public records.
21. Encroachments, overlaps, boundary line disputes, and any other
matters which would be disclosed by an accurate survey and
inspection of the premises.
22. Easements or claims of easements not shown by the public
records.
23. Any lien, or right to a lien, for services, labor, or material
heretofore or hereafter furnished, imposed by law and not
shown by the public records.
0 of 254
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24. Taxes eciail assessments which are not shown as existing
liens the public records.
25. Any clai, any portion of said lands are sovereignty lands
of the S of Florida, including submerged, filled or
artificial 8 osed lands and lands accreted to such lands.
26. Taxes and ass nts for the year 1992 and subsequent years.
PSWIT21.119Wtle.ex
Pa of 254
Agend
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ORB 7250 P9 907
gmtTIFIGUl
V-y
I he certify that I am Secretary of TEQUESTA
PLAZA CO Florida corporation, and that the
resolution t hed hereto as Exhibit "Al' were duly
adopted by us written consent of the Board of
Directors of T e to Plaza Corp. , a Florida corporation,
dated May , 992 and that the said resolutions have
not been amende scinded or modified and remain in
full force and e
IN WITNESS WH I have hereunto set my hand and
affixed the corpora a,1 of Tequesta Plaza Corp. this
14fh,,. day of May, 1.9
TEQUES PLAZA CO
Fl.ori orpor t ' , n'
By:
11RRX11721.119\CERF
a a
2 of 254
Agend
em.#13.
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ORS 7250 P9 908
DIRECTORS' CONSENT
Pursuant da Statutes, Section 607.0821 we, the
undersigned, cong all of the directors of Tequesta Plaza
Corp., a Florida-Etion, hereby waive all written notice of a
meeting of the dire(
ire of this corporation, and, we hereby
consent to, adopt and ap a the following resolution:
RESOLVED, th he execution by this
corporation of a certain Purchase and Sale
Agreement and to Purchase and Sale
Agreement, both arch 26, 1992, with
Tamwest Realty, In (51orida corporation,
as amended by Amen to Purchase and Sale
Agreement dated Apr' 992 (the Purchase
and Sale Agreement a to Purchase and
Sale Agreement, as ame by the Amendment to
Purchase and Sale Agre are hereinafter
called the "Agreement") reby ratified and
approved in all respects, it
FURTHER RESOLVED, that Bra y A. Scherer, as
Vice President, of this oration is
authorized to: (i) execute n deliver, on
behalf of this corporation, su cuments as
he may deem necessary or gas may a squired to
consummate the sale of the real ersonal
property described in the Agree cluding
without limitation, the executio;Zsn
ivery
of any and all deeds, affidavits, ents,
closing statements, agreementsother
instruments as outlined in the Agreement; and
(ii) take such other actions as he may deem
necessary or as may be required to consummate
r
the sale of the real and personal property
described in the Agreement.
Dated this day of May, 1992.
n
f ■
A ED CHIAV , irector
(Corporate Seal)
AN SIWLE Director
DENNIS S R. SASSAMA 1, Direct r
ARRtt o 72i .1 1 WOMent AECOR4 VERIF19
PAIN``-,,cK COUN
CLERK CIRCU OUXT
3 of 254
Agenda Item #13.
Landscape Architects Planners - Env rotimental Consultants
GENTILE HOLLOWAY O'MAHONEYI Awid a I vs, I ric.
Starbucks Teguesta
Justification Statement
Special Exception
Village of Tequesta
February 16, 2022
Revised March 25, 2022
rge G. G eliti le FASLA
M. Troy F-IoIlaway ASLA
Emily M. O'Maholley FASLA
INTRODUCTION/REQUEST:
On behalf of the Applicant, Starbucks Corporation, 2GHO, Inc. respectfully requests review and
approval of the special exception application to redevelop an existing vacant bank into an
approximately 2,544 square foot drive through fast food restaurant. The subject property is
situated as an outparcel within Countyline Plaza and is .97 acres. Further, the subject site has an
existing future land use designation of Commercial, and a zoning designation of C-2; Community
Commercial District. Per the Community Development Department's interpretation of the
Village's zoning code, the proposed use is considered a Special Exception.
PROPERTY OVERVIEW
According to the Palm Beach Property Appraiser, the existing financial institution was
constructed in 1988, and has remained in place since.
After review of current market trends, Starbucks has entered a lease with the property owner to
redevelop the existing building into a 2,544 square foot Starbucks Coffee restaurant. The proposed
use will meet consistency not only with the general purpose of the C-2 zoning district, but be
compatible with the surrounding context of the existing US -1 commercial/urban corridor.
Site Plan:
The proposed redevelopment consists of a single structure situated on the 0.97 acre parcel. The
site will use the existing ingress/egress points from US Highway One, and Village Boulevard. The
2,544 sf building will feature a 385 sf covered outdoor seating area.
Similar to the function of the previous bank, the drive through window will be on the east of the
building, with a queue lane that can accommodate approximately 18 cars within the parcel. The
property provides 33 parking spaces (4 over the required) on the property, and proposes a
crosswalk and 4' concrete walk to the west portion of the shopping center.
Finally, the site will provide for 15,538 sf or 36.9% of landscaped open space on the property.
Well over the 25% minimum requirement.
1907 Commerce Lane, Suite 101 Jupiter, Fim-ida 33438 1-575- 557 561-575-5260 Fax www.2 h(,)_c(im
Page 194 of 254
Agenda Item #13.
Starbucks Tequesta
Special Exception
February 16, 2022
Based on the established definitions in the Village's zoning code, the use is considered a fast-food
restaurant. It is important to note that while Starbucks commit to getting their patrons their desired
products within a certain timeframe, they intend to be more than a typical fast food restaurant, as
evidenced on the company website (an excerpt of which is provided below).
"From the beginning, Starbucks set out to be a different kind of company. One that not only
celebrated coffee but also connection. We're a neighborhood gathering place, apart of your
daily routine. Get to know us and you'll see: we are so much more than what we brew. We make
sure everything we do is through the lens of humanity —from our commitment to the highest -
quality coffee in the world, to the way we engage with our customers and communities to do
business responsibly. "
COMPATABILITY WITH SURROUNDING PROPERTIES:
The site of the proposed redevelopment is situated in a commercial corridor on US Highway 1, at
the intersection of Village Boulevard. The subject site is surrounded by Commercial/or Mixed
Use land uses on all sides, therefore the proposed use is compatible with the surrounding areas.
Below is a chart showing the surrounding land use and zoning.
Property
Existing Zoning
Existing Future Land Use
Subject Property
C-2; Community Commercial
Commercial
Former Bank)
North
G2; Community Commercial
Commercial
Plaza
_(Countyline
South
M-U; Mixed Use
Mixed Use
(Tequesta Terrace
East
G2; Community Commercial
Commercial
(Office/Restaurant)
West
C-2; Community Commercial
Commercial
_(Countyline Plaza)
SPECIAL EXCEPTION FOR FAST FOOD RESTAURANT
As previously stated, the proposed fast food restaurant use is designated as a Special Exception
Use in the C-2; Community Commercial zoning district. The required criteria, as stipulated in
Section 78-363 is addressed below:
1. The proposed use is a permitted special exception use.
Response: The proposed restaurant use is a permitted special exception use as allowed by
Section 78-177(d)(17).
2. The use is so designed, located and proposed to be operated so that the public health, safety,
welfare and morals will be protected.
Response: The proposed use does not present a detriment to the established public health,
safety, welfare standards. The proposed project is designed with proper planning ideals to
promote a development considerate of the surrounding area.
P:\Starbucks Tequesta\Applications\Special Exception 2021\Application Materials\Starbucks Special Exception 3-25-22.docx
Page 195 of 254
Agenda Item #13.
Starbucks Tequesta
Special Exception
February 16, 2022
3. The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
Response: The proposed use will positively affect the adjacent property values. The subject
proposal will redevelop the existing vacant structure, adding an infill use that will be valued
by users of the shopping center and Village residents alike.
4. The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
Response: The site of the proposed redevelopment is an outparcel in Countyline Plaza. As such,
no impact will be created with the existing shopping center.
5. Adequate landscaping and screening is provided as required in this chapter.
Response: Appropriate landscaping, consistent with the zoning code standards are provided
for with the proposed redevelopment.
6. Adequate off-street parking and loading is provided and ingress and egress is so designed as to
cause minimum interference with traffic on abutting streets.
Response: The ingress and egress to the site have been designed to provide minimal impact to
the adjacent roadways (access is provided on US Highway 1 and Village Boulevard).
Additionally, the development provides for 33 spaces, 4 over the required 29 spaces.
Further, the Applicant will demonstrate compliance with the following requirements required
for approval as listed in Section 7 8 -3 64.
1. Compliance with all elements of the village comprehensive plan.
Response: The Owner's proposal supports the applicable goals, objectives, and policies within
the Village's Comprehensive Plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case
of fire or catastrophe.
Response: As shown on the site plan, the project will provide for appropriate sidewalk
connections to encourage pedestrian mobility adjacent to the property, as well as internal to
the shopping center via a proposed pedestrian connection from north side of the development
west into the shopping center.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
Response: The required parking spaces are placed in an area that pose no adverse impact on
vehicular circulation on the site. The proposed development provides for 33 parking spaces,
inclusive of 2 handicap accessible spaces.
P:\Starbucks Tequesta\Applications\Special Exception 2021\Application Materials\Starbucks Special Exception 3-25-22.docx
Page 196 of 254
Agenda Item #13.
Starbucks Tequesta
Special Exception
February 16, 2022
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare,
electrical interference and/or mechanical vibrations.
Response: There will be no nuisance factors presented with this project. The project is
considered infll redevelopment and will work in conjunction with the existing shopping center,
as well as be a valuable use for the nearby residents, and community.
5. Utilities, with reference to location, availability and compatibility.
Response: The development will have the appropriate needed utilities. With the concurrent
site plan request for this project the Applicant has requested confirmation of service
availability lettersfrom the applicable utility providers.
6. Screening and buffering, with reference to type, dimensions and character.
Response: The development will provide the required landscape buffers, as required by code,
and will aid in creating a development that is cohesive within the US I corridor.
7. General compatibility with adjacent properties and other property in the district.
Response: The site is within a commercial corridor, therefore will be generally compatible
with the surrounding uses. Moreover, the proposed walk on the north end of the property will
lead to US4, and is the safest and shortest route for pedestrians to access the site and bldg.
from the surrounding ROW; an ADA pedestrian connection has also been provided to the
existing commercial center
8. Whether the change suggested is out of scale with the needs of the neighborhood or the village.
Response: This proposed fast food restaurant use is not out of scale with the surrounding
properties, or Village. It is awell-designed development that will aid in further establishing
the redesigned US -1 corridor, and become an asset for Village residents.
9. Any special requirements set out in the schedule of site regulations in section 78-143 for the
particular use involved.
Response: As previous stated, all other requirements of the C-2 zoning district are met, as
shown in the site data portion of Sheet SP-1.
CONCLUSION
To recap, the Owner is proposing a fast food restaurant on a 0.97 acre property. As stipulated by
Section 78-177 of the Village's zoning code, restaurant use is deemed a special exception use.
The final product will be a tremendous asset to the Village, and overall character of the area. The
project is consistent with particular goals, objectives, and policies of the Village Comprehensive
Plan. Additionally, the submitted site plan shows compliance with the C-2 zoning district, and
Special exception criteria.
2GHO, Inc., respectfully request review and approval of the submitted application package. The
project team at 2GHO, Inc. consists of M. Troy Holloway, ASLA, Ben Dolan, and Alec
Dickerson.
P:\Starbucks Tequesta\Applications\Special Exception 2021\Application Materials\Starbucks Special Exception 3-25-22.docx
Page 197 of 254
Agenda Item #13.
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