HomeMy WebLinkAboutDocumentation_Regular_Tab 9A1_1/14/1993 . J•i!{.1�� r� oil, �,1
VILLAGE OF TEQUESTA �t-F.l~^�nf 2 Q
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. .�� ,ore 11 BUILDING DEPARTMENT JAN O 61993'
1�.. 4.° Post Office Box 3273 • 357 Tequesta Drive '3
f Ch'C�'.104 Tequesta, Florida 33469-0273 • (407) 575-6220 c._
FAX: (407) 575-6203 iru. ..� /
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MEMORANDUM:
TO: Thomas G. Bradford, Village Manager
FROM: Scott D. Ladd, Building Official aQY-
DATE: January 6, 1993
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SUBJECT: St. Jude'.s Catholic Church. - Priest Residence
204 U. S. Hwy. One North
Special Exception and Modified Site Plan Review
Tom, attached are ten ( 10) sets of packets for the above
referenced project. Please place this proposed project on the
. agenda, under development matters, of the January 14, 1993 Council
meeting. Thank you.
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�� VILLAGE OF TEQUESTA
� `.�',. t BUILDING DEPARTMENT
�1�Nz .° Post Office Box 3273 • 357 Tequesta Drive
0f'fC,y�C0.004 Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
MEMORANDUM:
TO: Village Manager
Village Council
FROM: Scott D. Ladd, Building Official 1°
DATE: January 5, 1993
SUBJECT: Petition for Special Exception Use
St. Jude' s Catholic Church
204 U. S. Hwy. One North
New Priest Residence
Per the requirements of the Special Exception use section of the
Zoning Code, I hereby submit my recommendation to the Village Council
with regard to the above subject petition as follows:
1. The proposed addition ( priest residence) to the previously
approved special exception use ( church) is appropriate and is a
customary use for said special exception use.
2. The applicant is aware of the special State concerns and
regulations regarding the property < ecosite) surrounding this
proposed addition.
3. The applicant has assured the Village that they will comply with
all the various regulatory agency requirements and safeguards for
the operation of this proposed special exception use.
The special exception request is in order and, therefore, should be
considered for review and approval by the Village Council .
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VILLAGE OF TEQUESTA
.41,
; ,"ae".�� a BUILDING DEPARTMENT
;mlaty ':t' 4° Post Office Box 3273 • 357 Tequesta Drive
�,; �o K 4 Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
LEGAL NOTICE
• NOTICE OF PUBLIC HEARING
SPECIAL EXCEPTION USE
VILLAGE OF TEQUESTA
Public Notice is hereby given that the Village Council of the Village
of Tequesta, Florida, will hold a Public Hearing during the regularly
scheduled Village Council meeting beginning at 7: 00 P. M. , Thursday,
January 14, 1993 in the Village Hall, 357 Tequesta Drive, Tequesta,
Florida, to consider:
1. The application of St. Jude' s Catholic Church, 204 U. S. Hwy. One
North, for a Special Exception as provided by Section X ( J) of the
Village of Tequesta Zoning Ordinance, Ordinance No. 355, as
amended, for the construction of a new priest residence.
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
Earl L. Collings, Mayor
,h1.2-1/Z i_d, 0(6-eller s.,4_ .
By: Scott D. Ladd, C. B. O.
Building Official
Post: December 23, 1992
Publish: . December 30, 1992 and
January 10, 1993
„aut.
VILLAGE OF TEQUESTA
lbw t BUILDING DEPARTMENT
,1,1 1 Post Office Box 3273 • 357 Tequesta Drive
+�o �cc;.14 44
Tequesta, Florida 33469-0273 • (407) 575-6220
FAX: (407) 575-6203
NOTICE
OF
SPECIAL EXCEPTION
PUBLIC HEARING
JANUARY 14, 1993
7: 00 P. M.
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The Village Council of the Village of Tequesta, Florida, will
hold a Public Hearing during the regularly scheduled Council
meeting on Thursday, January 14, 1993 beginning at 7: 00 P. M. in
the Village Hall Council Chambers, 357 Tequesta Drive, Tequesta,
Florida, to review an application for Special Exception Use
within the C-2, Community Commercial District of /the Village of
Tequesta.
PLEASE TAKE NOTICE AND BE ADVISED, "If any person decides to
appeal any decision made by the Village Council with respect to
any matter considered at this meeting or hearing, he/she will
need a record of the proceedings, and that, for such purpose,
he/she may need •to insure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Respectfully,
)6(64 co. ACkt
Scott D. Ladd, C. B. O.
Building Official
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Posted: January, 4, 1993
, I O Rc-�c.5572
• • VILLAGE OF TEQUESTA . :•'` eK. 90/6
APPLICATION FOR SPECIAL EXCEPTION / s..2$0.60
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THE UNDERSIGNED REQUESTS A SPECIAL EXCEPTION FOR THE USE
SPECIFIED BELOW. SHOULD THIS APPLICATION BE APPROVED. IT IS
NDETHISOD THAT IT SHALL ANYY AUTHORIZE THAT CONDITIONS OR SAFEGUTCULAR USE ARDS REQUIRED BY TBED
HEIN
THIS APPLI ATION ,
VILLAGE OF TEQU TA.
NAME OF APPLICANT: St. Jude's Catholic Church DATE: November 2, 1992
MAILING ADDRESS: 204 U.S. Highway One , Tequesta, Florida 33469
PHONE NUMBER: ( HOME) ( BUSINESS) 407/746-7974
LOT/PARCEL ADDRESS: See Legal.Description attached hereto marked Exhibit "A"_
LOT: BLOCK: SUBDIVISION:
PROPERTY CONTROL NUMBER:60-43-40-30-00002-0120
EXISTING USE: Church (under construction) and Parish Hall
DESCRIPTION OF SPECIAL EXCEPTION: The Village is requested to allow construction
of a new Priest Residence (6,750 s.f.) with the C-2 Coumurty ('.cxmiercial nistrirf
A Special Exception to construct a new Church was previously requested and approve
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PROPERTY OWNER: Father Thomas Vengayil, Administrator, St. Jude's Parish of behalf of
Most Reverend J. Keith Symons, Bishop of the Palm Beach Diocese.
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.
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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. RJ2. 4 DATE
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EXHIBIT "A"
A parcel of land in Cov' t Lot Two (2) of Sec . 30, Twp, 40S, Range
43E, palm Beach County, Florida, more particularly described as
follows ;
Beginning at a point in the south line of said Gov' t. Lot 2, being
800' west of the center line of the right of way of State Road No.
. 5 (U.s . Highway No. 1) according to the Florida State Road Right of
Way map thereof on file in the office of the Clerk of the Circuit
Court, in and for Palm Beach County, Fla . , recorded in Road Plat
' Book 2, pp. 43 through 56, inclusive; thence northerly, making an
angle with the preceding course, measured from east to north of
107°05 '45" a distance of 223.05 ' ; thence northerly making an angle
with the preceding course measured from south through east to north,
of 162°26 ' a distance of 479.84' , more or less, to a point in a line
parallel to and 50' south of the south line of land described in
Deed recorded in Deed Rook 1097, p. 379, Palm Beach County Records
on file in the office of the Clerk of the Circuit Court, in and for
Palm Beach Co. , Fla ; thence westerly at right angles to the
preceding course and along said parallel line a distance of 304 ' ; then
southerly, at right angles to the preceding course, a distance of
695.54' , more or less, to the South line of Cov' t Lot 2; thence
easterly along said south line of Gov't. Lot 2, a distance of 371 .33 '
to the point of beginning.
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ST. JUDE'S CHURCH
JUPITER-TEQUESTA, FLORIDA
P.O. BOX 3726 PHONE 746-7974
204 U.S. 1
TEQUESTA, FLORIDA 33458
December 10, 1992
Mr. Scott Ladd
Bu.i,eding O66.iciae
Vi t ge oti Tequesta.
P.O.BOX 3273
Tequesta., FLon,ida 33469
HAND DELIVERED
Dean. MA. Ladd:
On behae6 oti Most Rev. J. Keith Symons, Bishop o6 the Diocese Patm Beach, and
as Adminizttatot. o6 St. Jude Parish, Tequesta, the undersigned hereby authon,izes
Mn-. W.i teiarn E. Shannon on. Mr. James H. Howe l to act as OWL agent .in connection
with:
A. An Apptica Lon to the Community Appearance Board,
B. An App!icatLon tiox the Speci.ae Exception Use,
C. An Application ISox Site Pat Review,
D. Such othex application on, mattex, .inceud.i.ng without Limitation, such •
van ia.n.ces ox adjubtinent6 as may be xequi red on appropriate .in
connection .herewith,
Thanking you .in anticipation,
S.ince'te!y,
Rev. Thomas Veng4
2
Adm.in , cator
TV/ts
cc: Mr. W-i,Pti.am E. Shannon
Mr. James H. Howe l
Fite
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Sec.X TEQUESTA CODE Sec.X Sec.X APPENDIX A—ZONING Sec.X
ance plus accrued interest at ten (10) percent per annum from stantially uniform. It is recognized, however, that there are cer-
date of the completion of the work.Alternatively,failure to comply tain uses and features which because of their unique characteris-
shall cause the violation to be considered by the code enforcement tics, cannot be distinctly classified or regulated in a particular
board pursuant to the procedures prescribed by law and a fine district or districts, without consideration in each case, of the
imposed accordingly. Nothing herein shall preclude the village impact of such uses and features upon.neighboring uses and the
seeking relief by civil action through mandatory injunctive relief surrounding area, compared with the public need for them at
or other relief available through the courts. particular locations. Such uses and features are therefore treated
(5) Assessment to constitute a lien against the property. The as special exceptions. A special exception.is not the automatic
bill referenced above shall be assessed to the owner of the prop-
right of any applicant.
erty and,if remaining unpaid for a period of sixty(60) days after (2) Criteria. Special exception uses and their related accessory
issuance,the village manager shall cause a lien to be filed against ' uses or any expansion, enlargement, or modification of an exist-
the property, to be recorded in the public records of Palm Beach ing special exception use shall be permitted only upon authoriza- .
County. tion of the village.council provided that such uses shall be found
(6) Performance surety. In the event that the landscaping re- by the village council to comply with the following requirements
quirements of this ordinance have not been met at the time that and other applicable requirements as set forth in this ordinance.
a certificate of occupancy, or certificate of use is requested, the (a) That the proposed use is a permitted special exception use.
village may approve such request provided the village enters into (b) That the use is so designed, located and proposed to be
an agreement with the owner or his/her agent that the provisions
and requirements of this ordinance will be complied with. The - operated so that the public health, safety, welfare and
owner or his/her agent shall post a performance bond or other morals will be protected.
approved surety in an amount equal to one hundred ten (110) (c) That the use will not cause substantial injury to the value
percent of the cost of materials and labor and other attendant of other property in the neighborhood where it is to be
costs incidental to the installation of the required landscaping. located.
This surety shall run to the Village of Tequesta, and shall be in (d) That the use will be compatible with adjoining develop•
a form satisfactory and acceptable to the village, specifying the went and the proposed character of the.district where it is
time for the completion of the landscape requirements. to be located.
(I) Establishments Selling Intoxicating Beverages. (e) That adequate landscaping and screening is provided as .
(1) All places of business selling intoxicating liquors, wines required herein.
and beverages for consumption on the premises shall not be (f) That adequate off-street parking and loading is provided
located within a one-thousand-foot radius of any church,school orand ingress and egress is so designed as to cause minimum
youth center. The one thousand(1,000)feet shall be measured in interference with traffic on abutting streets.
a straight line from main entrance door to main entrance door.
(J) Special Exception Uses. (g) That the use conforms with all applicable regulations gov-
erning the district where located,except as may otherwise
(1) Statement of Purpose. The development and execution of a be determined for planned developments.
zoning ordinance is based upon the division of the village into districts, within which the use of land and structures and the (3) Findings. Before any special exception is granted, the vi)
lage council shall apply the standards set forth herein and shall
bulk and location of structures in relation to the land are sub-
Supp.No.21 1178.8 Supp.No.21 1178.9
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Sec X TEQUESTA CODE X Sec.X APPENDIX A—ZONING Sec.X
determine that satisfactory provision and arrangement of the (fl Utilities, with reference to location, availability and
following factors have been met by the petitioner,where applicable. compatibility;
(a) Compliance with all elements of the Village of Tequesta (g) Screening and buffering with reference to type, dimensions
and character;
Comprehensive Plan;
(b) Ingress and egress to property and proposed structures (h) Signs and proposed exterior lighting with reference to glare,
thereon with particular reference to automotive and pe- traffic safety, economic effect and compatibility and har-
destrian safety and convenience, traffic flow and control,
mony with properties in the district;
and access in case of fire or catastrophe; (i) Required yards and other open space;
(c) Off-street parking and loading area where•required with .(j)• General compatibility with adjacent properties and other
particular attention to the items in(b)above; property in the district;
(d) Refuse and service areas with particular reference to items (k). Whether the change suggested is out of scale with the
(b) and(c)above; needs-of the neighborhood or the village;
(e) Nuisance factors detrimental to adjacent and nearby prop- (1) Any special requirements set out in the Schedule of Site
erties and the village as a whole. Nuisance•factors shall -Regulations for the particular use involved. • •
include but not necessarily be limited to noise, odor,smoke, (4) Conditions and safeguards. In addition to the standards
glare,electrical interference and/or mechanical vibrations; listed above and specific conditions listed for each particular
special exception listed within any particular zoning district,the
village council may impose other such conditions and safeguards
as it deems appropriate in conformity with these zoning regula-
tions for the protection of the surrounding properties and the
neighborhood or general welfare of the public.
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(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 conditions and particular regulations relat-
ing 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
or all of 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
Supp.No.17
Supp.No.21 1179
1178.10
Sec.X TEQUESTA CODE Sec.X
Sec.X APPENDIX A—ZONING Sec.X
action is deemed necessary to prevent injustice or to facili- ,
tate the proper development of the village. 1. Scale, date, north arrow, vicinity sketch, title of the
(7) Time limits for special exceptions.A special exception shall 2. projecboundaries t and total and nrods acreage.
The dimensions of the property and its
commence within twelve (12) months from the date of grant of relationship to the surrounding road system including
the special exception unless extended by action of village council. the width of the existing travelway(pavement).
(a) Commencement of a special exception occurs upon the fil- 3. The location and dimension of existing man-made fea-
ing of an application for a building permit, preliminary tures such as existing roads and structures with indi-
plat or site plan,or upon the initiation of significant action cation as to which are to be removed, renovated or
to satisfy requirements for improvements contained in a altered.
development order or other regulatory documents relating 4. The location of existing easements,water courses;sec-
to said special exception. tion lines, water and sewer lines, well and septic tank
location, and other existing important physical fea-
(b) Only one (1) extension shall be permitted and shall not tures in and adjoining the project.
exceed six(6)months. 5. The location and delineation of existing trees and in-
(c) Special exceptions granted to any governmental unit shall formation as to which trees will be removed.
be exempt from the provisions of this subsection(7),unless 6. Identification of surrounding land use, zoning and ex-
a time limitation is made a specific condition of the special isting buildings within one hundred (100) feet of the
exception. petitioned site, as well as the zoning of the petitioned
site.
(8) Special exception application process. 7. A layout of the proposed lots and/or building sites
(a) A written petition for special exception shall be submitted including the following site data:
by noon on the 15th of the month or previous regular a. Finished floor elevation;
business day indicating the section of these zoning regula- b. Common open area;
tions under which the special exception is sought and stat- c. Generalized landscaping and buffer areas;
ing the grounds on which it is requested, with particular d. Internal circulation patterns including off-street
reference to the written findings in subsection (3) above parking and loading facilities;
and other specific condition(s) if applicable which the vil- . e. Total project density;
lage council shall address. The petition shall include all f. Percentage of building coverage;
material necessary to meet the requirements of the devel- g. Percentage of impervious surface coverage;
opment concept plan listed below and any additional in- h. Percentage of open space areas;
formation that will demonstrate that the grant of special • i. The shape,size,location and height of all structures.
exception will be in harmony with general intent and pur- 8. A traffic impact analysis as may be required by the
pose of these zoning regulations. village or its designated engineer including the following:
a. Future right-of-way dedications;
(b) A petitioner seeking special exception approval shall sub- • b. Intersection improvements;
mit a development concept plan on one (1) or more sheets c. Traffic control devices;
of paper measuring not more than twenty-four by thirty- d. Traffic generation analysis;
six (24 x 36) inches and drawn to a scale not smaller than e. Distribution and assignment of traffic;
one hundred (100) feet to the inch. The following shall be f. Additional roadway needs.
provided on the development concept plan.
Supp.No.17 1180 Supp.No.17
1181
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Sec.X APPENDIX A—ZONING Sec.X
Sec.X TEQUESTA CODE Sec.X
standing any other provision herein contained, failure to
• 7.- provide written notice to anyproperty
9. The proposed phasing of construction for the project if � adjacentowners
applicable. shall not constitute a jurisdictional defect provided that
10. Commercial,office and uses other than residential shall proper legal notice has been published.
.3. provide the estimated square footage of the structure(s), (9) .Filing fee. Upon filing an application for special exception,
the number of employees, estimated seating, and the the applicant shall pay a fee to the village at the time of filing of
estimated number of users of the facility,such as mem- such application. Said fee shall be in an amount as established in
bers, students and patients. Chapter 16 of the Village of Tequesta Code of Ordinances, shall
11. Proposed hours of operation for commercial uses. not be reimbursable and is intended to defray costs of administer-
12. A drainage statement or drainage plan as may be ing, processing, and reviewing the application.
required by the village or its designated engineer.
13. Size, location and orientation of signs. (K) Trailers or Temporary Structures or Vehicles.
14. Proposed lighting of the premises. (1) On construction sites,trailers,temporary structures,or vehi-
15. Ten (10) aerial maps at a minimum scale of one (1) des used for construction offices on a construction site or in a
inch equals three hundred(300)feet, showing the site subdivision shall be permitted during the period of construction
in question with paved boundaries superimposed. only after a building permit for the construction job has been
16. A legal description of the land proposed for development. issued.
(c) The application shall be reviewed by the land development (a) Such trailers, temporary structures, or vehicles, must be
staff within thirty (30) days of the submission deadline. removed from the building site or subdivision in accord-
Upon land development staff review and analysis of all ance with the provisions Chapter 5, Section 501 of the
submitted materials, the building official shall forward a Standard Building Code/1985, and Section 103.6.1 of the
recommendation to the village council. = Palm Beach County Uniform Countywide Amendments to
(d) A public hearing shall be held by the village council. The' the Standard Building Code.
property owner may.appear personally or by agent or attorney. (b) Such permitted trailers, structures, or vehicles, may be
(e) Notice of public hearing shall be advertised fifteen(15)and used for sales habitation or promotional purposes, only
five(5)days in advance of the public hearing in a newspa- upon permission of the village council and shall be per-
per of general circulation in the area. The owner of the mitted only after receiving a permit from the building
property for which special exception is sought or his agent official for each such trailer.
or attorney designated by him on the submitted petition (c) A trailer, or temporary structure, or vehicle used for a
shall be notified by mail. Notice shall be given by mail to construction office on a construction site located within a
all owners of property within a three hundred (300) foot residentially zoned district of the village shall not have an
radius of the boundary lines of the property for which a interior dimension greater than ninety-six(96)square feet.
• special exception is requested. The list of property owners The interior dimension restriction shall not apply to trail-
within the stated radius shall be provided by the applicant ers, or temporary structures, or vehicles which may be
from the most recent tax roll information as provided by permitted for subdivision infrastructure construction. Only
the Palm Beach County Appraiser's Office. The applicant one(1)such trailer,or temporary structure,or vehicle used
must furnish an affidavit signed by the person responsible for a construction office on a construction site shall be
for providing the aforementioned list. Notice of the public permitted for each owner-builder or prime contractor within
hearing shall be prominently posted on the property by the
applicant for which a special exception is sought. Notwith- Supp.No. 18 1183
Supp.No.17 1182
• Sec.X TEQUESTA CODE Sec.X
any given subdivision for which the village has previously
' accepted the tangible improvements required prior to the
granting of approval of the final plat. (Ord. No. 363, § 1, •
4-28-88)
(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-quarters(3/4)ton
rated capacity, may be parked on any property or right-of-way
within a residential area.
(a) Residential areas include all areas within the village other
• than C-1, C-2, C-3, and R/OP.
• (b) This restriction shall not apply to the temporary parking
of such vehicles on private property in residential districts
whereon construction is underway for which a current and
valid building permit has been issued by the Village of
Tequesta and said permit is properly displayed on the
premises.
(c) This restriction shall not apply to routine deliveries by
tradesmen or the use of trucks in making service calls,
providing that such time period is actually in the course of
• business.deliveries or servicing, as the case may be.
• (d) This restriction shall not apply to the parking of emer-
gency vehicles, provided that the time parked is actually
necessary for the emergency. Further,the restriction shall
not apply to volunteer emergency vehicles driven by resi-
dents of the Village of Tequesta and parked on their property.
(e). This restriction shall not apply to a situation where such
vehicle becomes disabled and, as a result of such emergen-
cy, is required to be parked within a residential district for
longer than the time allowed herein. However, any such
vehicle shall be removed from the residential district within
twenty-four (24) hours by wrecker towing, if necessary,
• Supp.No. 18 1184