HomeMy WebLinkAboutDocumentation_Regular_Tab 5B_12/8/1987 ~~-
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BUILDING DEPARTMENT
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Tequesta, Florida 33469'0273 ~ (305) 746-7515
NOTICE OF MEETING
PUBLIC HEARING
DECEMBER 8 , 1987
7:00 P .M.
The Village Council of the Village of Tequesta ,
Florida , will hold a Public Hearing on an app} icatioo for
a Special Exception use (shopping center) within the C-2 ,
General Commercial District of the Village of Tequesta.
The application for Special Exception use is submitted by
Alan M . Strassler for Pantlin Associates "
This application is an alteration to a
previously approved Soecia] Exception for the same project
and is being submitted because the project has increased
in land area, building area , parking requirements and a
change in the project name.
Respectfully,
J61t4t =~ , ^Y°._^_.
Scott D. Ladd
Building Official
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cc : Village Council
Village Attorney
Village Manager
Posted : November 19 , 1987
ce., , VILLAGE OF TE UESTA
Q BUILDING DEPARTMENT
- Post Office Box 3273 • 357 Tequesta Drive
Tequesta, Florida 33469-0273 • (305) 746-7515
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
VILLAGE OF TEQUESTA
PUBLIC NOTICE IS HEREBY GIVEN THAT THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, WILL HOLD A PUBLIC HEARING AT 7: 00
P. M. , TUESDAY. DECEMBER 8, 1987, IN THE VILLAGE HALL, 357 TEQUESTA
DRIVE, TEQUESTA. FLORIDA, TO CONSIDER:
THE APPLICATION OF ALAN M. STRASSLER FOR PANTLIN
ASSOCIATES FOR A SPECIAL EXCEPTION AS PROVIDED BY SECTION
X( J) OF THE OFFICIAL COMPREHENSIVE ZONING ORDINANCE OF
THE VILLAGE OF TEQUESTA, ORDINANCE NO. 355, TO ALLOW THE
CONSTRUCTION OF A 194,686± SQUARE FOOT SHOPPING .CENTER
( COUNTY LINE PLAZA) LOCATED AT 500 U. S. HWY. ONE NORTH, A
PARCEL OF LAND LYING WITHIN A C-2, GENERAL COMMERCIAL
DISTRICT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 1
( SEE ATTACHED)
PARCEL 2
( SEE ATTACHED)
AT SUCH TIME AND PLACE, THE VILLAGE COUNCIL WILL HEAR ALL EVIDENCE
IN SUPPORT OF OR IN OPPOSITION TO THIS APPLICATION.
YOU ARE ADVISED THAT IF ANY PERSON DECIDES TO APPEAL ANY DECISION
MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS HEARING, HE WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR
SUCH PURPOSE HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND
EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
PLEASE GOVERN YOURSELVES ACCORDINGLY.
VILLAGE OF TEQUESTA
FOR THE VILLAGE COUNCIL
CARLTON D. STODDARD, MAYOR
Jegt actd
BY: SCOTT D. LADD
BUILDING OFFICIAL
POST: NOV . 19 , 1987
PUBLISH: NOVEMBER 22, 1987
DECEMBER 4, 1987
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PARCEL 1
That part of the south 450 feet of Government Lot 1, Section 30, Township 40 South,
Range 43 East, Palm Beach County, Florida, lying west of a line which is 51 feet westerly
of the baseline of survey according to the right of way map for State Road No. 5, Section
93040-2503 prepared by the Florida Department of Transportation more particularly
described as follows:
Beginning at the southwest corner of Government Lot 1, Section 30, Township 40 South,
• Range 43 East, Palm Beach County, Florida; run thence north 00°12'12" west, along the
west line of said Government Lpt 1, a distance of 450.01 feet to a point in the north
line of the south 450 feet of said Government Lot 1; thence south 89°57 '08" east, along
said north line, a distance of 809.77 feet, more or less, to a point in a line which
is parallel with and 51 feet westerly from measured at right angles to the baseline
of survey according to the right-of-way map for State Road No. 5, Section 93040-2503
prepared by the Florida Department of Transportation; thence south 17°17 '07" east, along
said parallel line, a distance of 471.42 feet, more or less, to a point in the south
line of said Government Lot 1 ; thence north 89°57'08" west, along said parallel line,
• a distance of 948.24 feet, more or less, to the point of beginning.
•
PARCEL 2
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; thence southeasterly along said centerline a distance of 1875.19 feet; thence
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; thence continue •
westerly parallel with the north line of Section 30, a distance of 451.27 feet; thence'
southeasterly parallel with the said westerly right-of-way line; a distance of 100 feet
to the north line of a 50-foot wide road easement described in Deed Book 1066, Page
364, of the Public Records. of Palm Beach County, Florida; thence westerly along the
north line of said easement; and parallel with • the north line of Section 30, a distance
of 27.7.57 feet, to the southeast corner of property described in Deed Book 1097, Page
379, of the Public Records of Palm Beach County, Florida; thence northwesterly parallel
with the westerly right-of-way line of U.S. Highway No. 1,. and running along the east
line of said property described in Deed Book 1097, Page 379, a distance of 250 feet;•
thence westerly parallel with the north line of Section 30, and running along the north
line of parcel described in Deed Book 1097, Page 379, a distance of 125.00 feet; thence
southeasterly, parallel with the westerly right-of-way of U.S. Highway No. 1 a distance
of 250.00 feet to the southwest corner of parcel described in Deed Book 1097, Page 379 ;
thence westerly , along the westerly extension of the south line of parcel described in
Deed Book 1097, Page 379, a distance of 83.91 feet to a line parallel with and 80 feet
westerly from, as measured at right angles to, the west line of parcel described in
Deed Book 1079, Page 379; thence northwesterly along said parallel line, a distance
. of 250.00 feet to the westerly extension of the northerly line of parcel described in
Deed Book 1097, Page 379; thence westerly along said northerly line ' a distance of 37.87
feet; thence northwesterly parallel with the westerly right of way line of U.S. Highway
No. 1, a distance of 345.74 feet, more or less, to the South line of the northwest quarter
(NA) of the northwest quarter (NW;) of said Section 30; thence south 89°57'O8" east
along said south line, a distance of 26. 19 feet to the southeast corner of the northwest
quarter (NW;) of the northwest quarter (NW;) of said Section 30; also being the northwest
corner-of Government Lot 2 of said Section 30; thence easterly along the north line
of said Government Lot 2, a distance of 948.24 feet, more 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 with a 50-foot wide easement for road purposes as described in. Deed Book 1066,
Page 364, Public Records of Palm Beach County, Florida. '
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PROPERTY CONTROL NUMBERS FOR COUNTY LINE PLAZA:
60-43-40-30-00-001-0080
60-43-40-30-00-001-0100
60-43-40-30-00-001-0110
60-43-40-30-00-001-0180
60-43-40-30-00-001-0090
60-43-40-30-00-002-0010
60-43-40-30-00-002-0020
60-43-40-30-00-002-0040
60-43-40-30-00-002-0110
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BROADVIEW
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VILLAGE OF TEQUESTA //-/6-8 7
APPLICATION FOR SPECIAL EXCEPTION
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.
NAME OF APPLICANT: Alan M. Strassler DATE: 11-9-87
MAILING ADDRESS: 8895 N. . Military Tr. , Suite 201D, Palm Beach Gardens, FL 33410
PHONE NUMBER: ( HOME) ( BUSINESS) (305) 627-0336
LOT/PARCEL ADDRESS: See Attached Legal Description
LOT: ' BLOCK: SUBDIVISION:
PROPERTY CONTROL NUMBER: See Attached
. EXIST,ING USE: Vacant Land
DESCRIPTION OF SPECIAL EXCEPTION: New Shopping Center consisting of
194 , 686 sq. ft. The major tenants are a department store of 92, 599 sq. ft. ,
• a .supermarket of 35, 922 sq. ft. and a drugstore of 7, 975 sq. ft. 17, 340 sq.ft.
is devoted to four "landlease" buildings and the remainder square feet is
local retail space. 1675 Palm Beach Lakes Blvd. , #1010
Forum III, Tower B
PROPERTY OWNER: Pantlin Associates West Palm Beach, FL 33401
NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION:
1. CURRENT SURVEY OR SITE PLAN OF PROPERTY SHOWING STRUCTURES AND
SETBACKS.
2. DRAWINGS TO . SCALE OF PROPOSED IMPROVEMENTS REQUIRING SPECIAL
EXCEPTION USE.
3. WRITTEN APPROVAL FROM PROPERTY OWNER.
4. • ANY OTHER DOCUMENTATION PERTINENT TO THIS APPLICATION.
5. APPLICATION FEE . OF TWO HUNDRED FIFTY ( $250. 00) DOLLARS. ( ALSO
APPROPRIATE SITE PLAN REVIEW FEE. )
APPLICANT' S SIGNATURE: /" / ��./4 -
DATE
(5) All landscaped areas and plantings shall be provided with automatic
irrigation facilities.
(6) In cases where hedges or continuous screening or a structure already
exists on the front property line to a height of at least four (4) feet
no planting strip nor trees shall be required.
(7) In all commercial parking areas there shall be one (1) tree planting
area, of not less than one-hundred (100) square feet, protected by a
raised curb, for each twenty (20) parking spaces. Such planting area
shall be located within the parking area in a manner acceptable to the
Village. Trees of the species designated by the building official
shall be planted in each planting area and shall meet the landscaping
requirements of the Village.
(8) In commercial parking areas where one (1) off-street parking area
adjoins or abuts another such parking area under different ownership or
use, a landscaped planting strip not less than five (5) feet wide main-
tained in good condition shall be required.
(9) The village shall require the use of native vegetation, wherever
possible, in landscaped areas.
( 10) Whenever appropriate, existing trees shall be conserved and integrated
into the landscaping design plan.
(I) Establishments Selling Intoxicating Beverages
(1) All places of business selling intoxicating liquors, wines and bevera-
ges for consumption on the premises shall not be located within a one-
thousand-foot (1 ,000) radius of any church, school or youth center.
The one thousand (1 ,000) feet shall be measured in a straight line from
main entrance door to main entrance door.
;(J)y Special Except ion Uses
(1) Statement of Purpose
The development and execution of a zoning ordinance is based upon the
division of the village into districts, within which the use of land
and structures and the bulk and location of structures in relation to
the land are substantially uniform. It is recognized, however, that
there are certain uses and features which because of their unique
characteristics, cannot be distinctly classified or regulated in a par-
ticular district or districts, without consideration in each case, of
the impact of such uses and features upon neighboring uses and the
surrounding area, compared with the public need for them at particular
locations. Such uses and features are therefore treated as special
exceptions. A special exception is not the automatic right of any
applicant.
(2) Criteria
Special exception uses and their related accessory uses or any expan-
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sion, enlargement, or modification of an existing special exception use
shall be permitted only upon authorization of the village council pro-
vided that such uses shall be found by the village council to comply
with the following requirements and other applicable requirements as
set forth in this ordinance:
(a) That the proposed use is a permitted special exception use.
(b) That the use is so designed, located and proposed to be operated
so that the public health, safety, welfare and morals will be
protected.
(c) That the use will not cause substantial injury to the value of
other property in the neighborhood where it is to be located.
(d) That the use will be compatible with adjoining development and the
proposed character of the district where it is to be located.
(e) That adequate landscaping and screening is provided as required
herein.
(f) That 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.
(g) That the use conforms with all applicable regulations governing
the district where located, except as may otherwise be determined
for planned developments.
(3) Findings
Before any special exception is granted, village council shall apply
the standards set forth herein and shall determine that satisfactory
provision and arrangement of the following factors have been met by the
petitioner, where applicable:
(a) Compliance with all elements of the Village of Tequesta
Comprehensive Plan;
(b) 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;
(a) Offstreet parking and loading area where required with particular
attention to the items in (b) above;
(d) Refuse and service areas with particular reference to items (b)
and (c) above;
(e) 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;
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(f) Utilities, with reference to location, availability and
compatibility;
(g) Screening and buffering with reference to type, dimensions and.
character;
(h) Signs and proposed exterior lighting with reference to glare,
traffic safety, economic effect and compatibility and harmony with
properties in the district;
(i) Required yards and other open space;
(j) General compatibility with adjacent properties and other property
in the district;
(k) Whether the change suggested is out of scale with the needs of the
neighborhood or the village;
(1) Any special requirements set out in the Schedule of Site
Regulations for the particular use involved.
(4) Conditions and Safeguards
In addition to the standards listed above and specific conditions
listed for each particular special exception listed within any par-
ticular zoning district, the village council may impose other such con-
ditions and safeguards as it deems appropriate in conformity with these
zoning regulations for the protection of the surrounding properties and
the neighborhood or general welfare of the public..
(5) Denial
Should the village council deny a special exception, it shall state
fully for the record the reasons for doing so. Such reasons shall take
into account the factors under subsection (3) above and all other con-
ditions and particular regulation relating to the specific special
exception requested.
(6) Limitations on the Filing of a Special Exception
(a) Whenever village council has denied an application for a special
exception, the village shall not thereafter consider any further
application for special exception on any part of all or the same
property for a period of twelve (12) months from the date of such
action.
(b) The time limits of subsection (a) above may be waived by three (3)
affirmative votes of village council when such action is deemed
necessary to prevent injustice or to facilitate the proper deve-
lopment of the village.
(7) Time Limits for Special Exceptions
A special exception shall commence within twelve (12) months from the
date of grant of the special exception unless extended by action of
village council.
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• (a) Commencement of a special exception occurs upon the filing of an
application for a building permit, preliminary plat or site plan,
or upon the initiation of significant action to satisfy require-
ments for improvements contained in a development order or other
regulatory documents relating to said special exception.
(b) Only one extension shall be permitted and shall not exceed six (6)
months.
(c) Special exceptions granted to any governmental unit shall be
exempt from the provisions of this subsection (7), unless a time
limitation is made a specific condition of the special exception.
(8) Special Exception Application Process
(a) A written petition for special exception shall be submitted by
noon on the 15th of the month or previous regular business day
indicating the section of these zoning regulations under which the
special exception is sought and stating the grounds on which it is
requested, with particular reference to the written findings in
subsection (3) above and other specific condition(s) if applicable
which village council shall address. The petition shall include
all material necessary to meet the requirements of the development
concept plan listed below and any additional information that will
demonstrate that the grant of special exception will be in harmony
with general intent and purpose of these zoning regulations.
(b) A petitioner seeking special exception approval shall submit a
development concept plan on one or more sheets of paper measuring
not more than 24" x 36" and drawn to a scale not smaller than 100
feet to the inch. The following shall be provided on the
Development Concept Plan:
1 . Scale, date, north arrow, vicinity sketch, title of the pro-
ject and total gross acreage.
2. The boundaries and dimensions of the property and its rela-
tionship to the surrounding road system including the width
of the existing travelway (pavement).
3. The location and dimension of existing man-made features such
as existing roads and structures with indication as to which
are to be removed, renovated or altered.
4. The location of existing easements, water courses, section
lines, water and sewer lines, well and septic tank location,
and other existing important physical features in and
adjoining the project.
5. The location and delineation of existing trees and infor-
mation as to which trees will be removed.
6. Identification of surrounding land use, zoning and existing
buildings within 100 feet of the petitioned site, as well as
the zoning of the petitioned site.
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7. A layout of the proposed lots and/or building sites including
the following site data:
a. Finished floor elevation
b. Common open areas
c. Generalized landscaping and buffer areas
d. Internal circulation patterns including offstreet
parking and loading facilities
e. Total project density
f. Percentage of building coverage
g. Percentage of impervious surface coverage
h. Percentage of open space areas
i. The shape, size, location and height of all structures
8. A traffic impact analysis as may be required by the village
or its designated engineer including the following:
a. Future right-of-way dedications
b. Intersection improvements
c. Traffic control devices
d. Traffic generation analysis
e. Distribution and assignment of traffic
f. Additional roadway needs
9. The proposed phasing of construction for the project if
applicable.
10. Commercial, office and uses_ other than residential shall pro-
vide the estimated square footage of the structure(s), the
number of employees, estimated seating, and the estimated
number of users of the facility, such as members, students
and patients.
11 . Proposed hours of operation for commercial uses.
12. A drainage statement or drainage plan as may be required by
the village or its designated engineer.
13. Size, location and orientation of signs.
14. Proposed lighting of the premises.
15. Ten (10) aerial maps at a minimum scale of 1'" = 300, , showing
the site in question with paved boundaries superimposed.
16. A legal description of the land proposed for development.
(c) The application shall be reviewed by the Land Development staff
within 30 days of the submission deadline. Upon Land Development
staff review and analysis of all submitted materials, the building
official shall forward a recommendation to the village council.
(d) A public hearing shall be held by the village council. The pro-
perty owner may appear personally or by agent or attorney.
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(e) Notice of public hearing shall be advertised fifteen (15) and five
(5) days in advance of the public hearing in a newspaper of
general circulation in the area. The owner of the property for
which special exception is sought or his agent or attorney
designated by him on the submitted petition shall be notified by
mail. Notice shall be given by mail to all owners of property .
within a 300 foot radius of the boundary lines of the property for
which a special exception is requested. The list of property
owners within the stated radius shall be provided by the applicant
from the most recent tax roll information as provided by the Palm
Beach County Appraiser's Office. The applicant must furnish an
affidavit signed by the person responsible for providing the
aforementioned list. Notice of the public hearing shall be promi-
nently posted on the property by the applicant for which a special
exception is sought. Notwithstanding any other provision herein
contained, failure to provide written notice to any adjacent pro-
perty owners shall not constitute a jurisdictional defect provided
that proper legal notice has been published.
(9) Filing Fee
Upon filing an application for special exception, the applicant shall
pay a fee to the village at the time of filing of such application.
Said fee shall be in an amount as established in Chapter 16 of the
Village of Tequesta Code of Ordinances, shall not be reimbursable and
is intended to defray costs of administering, processing, and reviewing
the application.
(K) Trailers or Temporary Structures or Vehicles
( 1) On construction sites trailers, or temporary structures, or vehicles
used for construction offices on a construction site or in a sub-
division shall be permitted during the period of construction only
after a building permit for the construction job has been issued; such
trailer or trailers, or temporary structures, or vehicles, must be
removed from the building site or subdivision within thirty (30) days
following the issuance of the final certificate of occupancy.
Extension periods of an additional thirty (30) days may be granted by
the building official for good cause shown. Such permitted trailers,
structures, or vehicles shall be used for sales habitation or promo-
tional purposes only upon permission of the village council, and shall
be permitted only after receiving a permit from the building official
for each such trailer.
(2) The intermittent or continual placement or utilization of any trailer,
temporary structure, or vehicle for the use, such as but not limited
to, storage, shall be prohibited in all zoning districts.
(L) Commercial Vehicles and Trucks, Recreational Vehicles on Private Lots
(1) No commercial vehicles or trucks over three-quarter ton rated capacity,
may be parked on any property or right-of-way within a residential
area.
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