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Documentation_Planning and Zoning_Tab 02_08/20/2009
DEPARTMENT OF COMMUNITY DEVELOP~~IENT 345 Tequesta Drive ~ Tequesta, Florida 33469-027 3 (561) 575-6220 ~ Fax: (561) 575-6224 August 6, 2009 Messrs: Keith Davis, Esq. Corbett & White Attorneys at Law 1111 Hypoluxo Road, Suite 207 Lantana, FL 33462 Scott Baruch Authorized Agent Tequesta Towers Condo Apartments 178 Beacon Lane Jupiter, FL. 334F,9 Gentlemen: 1~ axed e~ 1St Class 1l~ail Conrad Damon Attorney at Law Ward-Damon & Posner 4420 Beacon Circle West Palm Beach, FL 33407 Hassan Ghalam Facility Manager Tequesta Towers Condo Apartments 400 Beach Road Tequesta, FL 33Q69 Our office has reviewed your plans submitted at our meeting on July 31, 2009, with Keith Davis Esq., Corbett and White, P.A., Catherine Harding, Community Development Director, Village of Tequesta, Conrad Damon, Attorney at Law, Law Offices of Ward-Damon & Posner, Scott Baruch, Architect, Tequesta Towers Condo Apartments and Hassan Ghalam, Facility Manager, Tequesta Towers Condo Apartments. The survey shows the footprint of the existing structure not previously submitted to our office. As we discussed, this will require a revised application because it clearly shows an increase in lot coverage uThich was not addressed in your original application (see letter dated 4/2/09). Further, the survey must be sealed by the surveyor. Please provide the following information prior to the August 20, 2009 Planning & Advisory Board Meeting in time for our office to review and submit our report to the P&Z Advisory Board. The Board will need adequate time for review prior to the meeting. 1) A Zoning Data Block on the cover sheet showing both existing and proposed data for the following: a) Lot coverage b) Rear and side yard setbacks c) Open space d) Height of structure from the highest roof line of all roof areas e) Impervious surface Also, please provide the following details: a) Elevation of grades on all corners of the existing and proposed structure b) Square footage of basement and all floors in the existing and proposed structure August 6; 2009 Page 2 - c) Exact measurement from basement ceiling to grade on all four elevations d) Landscaping details for proposed structure e) Show brick pavers method of installation on the plan f) Show all structures, walls, etc., to be demolished g) Show location of elevator and shaft on elevations h) Show exact height of elevator shaft from grade to mean elevation of the roof. (If a waiver for height for the elevator shaft is required, a letter requesting same must be submitted with this application) . i) Show details of roof sections on the plans j) Provide revised height of structures on all elevations from finished grade to mean height of the highest roof line k) Review and present other options for roof lines (see letter dated 4/2/09) 1) All drawings and elevations to be presented in the same scale. Shover line of site on plan from the surrounding buildings, both with existing structure and highest roof line of proposed structure. (see letter dated 4/2/09) The setback for the existing structure is 10 feet from the side line. The proposed 2-story structure is required to have a 12 foot setback. Please show detail on. the plan that allows for art additional 2-feet setback over the existing basement at grade. Section 78-93 of the Village of 1~egriesta Code of Ordinances addresses previously approved construction, as follows: "Nothing in this Chapter shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently carried on within six months of the date of such permit." Our office is considering the existing structure as conforming. The proposed structure is subject to the zoning requirements for an accessory structure in the R-3, Multiple Family Dwelling District. Enclosed, please find the definition of Basement, Grade, Lot Coverage, Highest Adjacent Grade, Building Height, and District R-3 setbacks. Also, please find Sec. 78-282, Structures exempt from height limitations for your review. If you have any questions or if we can be of any assistance, please do not hesitate to call. Yours truly, ~°~~~-~ ~~a2~c Catherine A. Harding Community Development Director CAH/mk Encl. a/s c: Plamling & Zoning Advisory Board Filet CAHCorrespondence_6.6.09 ~ %~-? TEQUESTA CODE Area of shallow flooding means a desig-Hated AO or VO zone on a community's flood insurance rate map (FIRM] with base flood depths from one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredict- able and indeterminate, and where velocity flow may be evident. Area of special flood hazard means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Automobile sales (leasing). See Motor vehicle dealer. Automotive repair establishment. (1) Major repair means a retail sales and service establishment which provides for the painting, repainting, or retouching and/or major mechanical repairs and ad- justments of motor vehicles such as en- gine overhauls, transmission overhauls, and the like which usually require more than one working day for service. No outdoor sales, repair or service work shall be allowed. Outdoor storage or display of vehicles, parts, equipment or tires shall be prohibited. No body damaged vehicle or vehicle components exposed to view from a public roadway shall be permitted. (2) Minor repair means a retail sales and service establishment which shall include only those repairs able to be effected within one working day, such as brake repair, engine tune-ups, oil changes, lubrica- tions, front end alignments, and the like. No outdoor sales, repair or service work shall be allowed. Repair services of a major nature, including but not limited to engine overhauls, transmission overhauls, or body work, shall be prohibited. Outdoor storage or display of vehicles, parts, equip- ment or tires shall be prohibited. The service or repair of trucks or other similar vehicles which exceed a one-ton rated capacity shall be prohibited. No body dam- aged vehicle or vehicle components ex- posed to view from a public roadway shall be permitted. (3) Paint or body shop means a building or other structure used for painting, repaint- ing, or retouching and/or major nonmechanical repairs and adjustments of motor vehicles. Awning means any movable roof-like structure cantilevered or otherwise entirely supported from a building, so constructed and erected as to per- mit its being readily and easily moved within a few minutes time to close an opening, or rolled or folded back to a position flat against the building or a cantilevered projection thereof, or which is detachable. Bakery means an establishment engaged solely in the retail sale directly to the consumer of products such as breads, cakes, pies, pastries, etc., which are based or produced and sold on- nremises. Base flood means the flood having a one per- cent chance of being equaled or exceeded in any given year. Base flood elevation means the height above mean sea level expected to be reached by the 100-year flood. Basement means a story situated under a build- ing, the ceiling of which is entirely below natural grade or less than four feet six inches above grade. The basement is not considered a part of any living area and shall not be used as living area. Any portion of a basement that is below natural grade shall not be considered as part of the overall building height/story; however, that portion of any basement which exceeds natural grade shall be used in calculating the overall building height. Beach means the zone of unconsolidated mate- rial that extends landward from the mean low- water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. "Beach" is alterna- tively termed "shore." Bed and breakfast. Most traditional neighbor- hood ordinances provide a site for the location of a small hotel under "lodging." These are buildings providing food services and rooms for shortterm Supp. No. 3 CD 78:10 ZONING Garage; private means a building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any wav conducted. Gas station means a retail establishment which sells automotive fuels, oils and lubricants only, with no sale or installation of tires, batteries or similar accessories. A gasoline station is not a full-service fuel station or a convenience store. (For additional reference, see also Full-service fuel station). Governmental use means public land areas and facilities which are utilized for daily administra- tion and operation of government business which house personnel, records, equipment and the like belonging to the local, county state, or federal government, or special district or agency. Grade means a reference plane representing the average finished ground level adjoining the building at all exterior walls. Grade, highest adjacent. See Highest adjacent grade. Greenhouse means an enclosed building, per- manent or portable, which is used for the growth of small plants. Gross acre. See Acre, gross. Gross floor area means the sum ;nf the total areas taken on a horizontal plane of a floor or several floors of a building measured between the outside face of the exterior walls, exclusive of areas open and unobstructed to the sky Gress doer-are evil ~ltrati~~o Gross leasable area (GLA) means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and mea- sured from the centerline of joint partitions and from outside wall faces. GLA is all that area on which the tenants pay rent; it is the area produc- ing income, and is the square footage amount used by the village for determining required park- ing area- GLA includes all areas less common areas (see Common area). Ground coverage. See Lot coverage. § r8-4 Ground floor area means the square foot area of a building within its largest outside dimen- sions, exclusive of open porches, breezeways, ter- races, garages, exterior stairways, secondary stair- ways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total area used by the village in determining the percentage of lot coverage. Group home means a dwelling unit licensed by the state department of health and rehabilitative services which provides a living environment for six or fewer residents, which may be unrelated, who function as a family living unit, including such supervision and care with supportive staff necessary to meet physical, emotional and social needs of the residents. Health care facility means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services. Height of building or structure. See Building, height of. Highest adjacent grade means the highest nat- ural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, if the finished grade is level. If the finished grade is not entirely level, the grade shall be determined by averaging the elevation of the ground at each face of the building, or as other- wise determined by the building official. Highway means a major arterial roadway or thoroughfare with intersections at grade and di- rect access to abutting propert3; primarily de- signed for through traffic, on a continuous route, and not having access control (example: U.S. #1). Hospital means a facility licensed by the state providing primary health services and medical or surgical care to persons, primarily inpatients suf- fering from illness, disease, injury, deformity, other abnormal physical or mental conditions, chemical or substance dependency or abuse, and including, Supp. No. 3 CD78:17 ZONING four or more children from ages two to five years, and operated on a regular basis for the purpose of serving as an orientation for school by accustom- ing them to a new social en~~ronment through varied experiences planned to develop manipula- tive skills, motor coordination, and social aware- ness. Kitchen means a space used or designed to be used for the preparation of food. Kitchen, central, means a common space used or designed to be used for the preparation of a large quantity of food to the tenant population of the establishment in which such common kitchen is located. Landscape plan means a detailed sketch to scale illustrating the type, size, location and num- ber of plants to be placed in a development. Landscape strip means a strip of land along the perimeter of the site containing trees, barriers, ground cover and/or other plant material. Landscaping shall consist of any of the follow- ing or a combination thereof: material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and nonliving du- rable material commonly used in the landscape, such as, but not limited to, rocks, pebbles, mulch, sand,- walls or fences, benches, fountains, pa~~ing for pedestrian use (but excluding paving for vehi- cles), exterior landscape accent lighting fixtures and any other item of exterior landscape furni- ture. Laundromat means an establishment provid- ing washing, drying or dry cleaning machines on the premises for rental use to the general public for family laundering or dry cleaning purposes- . Laundry means a retail sales and service es- tablishment-which provides for the drop-off of clothing, linens, and the like to be washed, dry cleaned, ironed, mended, or repaired with no machines or equipment for the dyeing of same, and specifically no machines or equipment avail- able for self-service directly by the consumer. Loading space, off-street, means an off-street loading space not less than 12 feet wide and 50 feet long, and having a minimum vertical clear- ance height of 14 feet, exclusive of access aisles § .s-4 and drives, for the shortterm parking of a vehicle while loading or unloading merchandise or mate- rials. Lot means a parcel of land occupied or to be occupied by one main building or buildings and their accessory buildings with such open and parking spaces as may be required by provisions of this chapter, and having their principal front- age upon a public or private street. Lot area means the area contained within the boundary lines of a lot. Lot, building, means land occupied or to be occupied by a building and its accessory build- ings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accor- dance with the provisions of the law to be ade- quate as a condition of the issuance of a building permit for a building on such land. Lot, corner, means a lot abutting two or more streets at their intersection. Lot coverage means that portion of the area of a lot, plot, or building site, expressed as a percent- age, occupied by all buildings or structures which are roofed or are otherwise covered, exclusive of its eaves, and any portion of such building cov- ered by a roof which qualifies as open space or any covered terrace, balcony, breezeway or porch or portion thereof not included in the floor area of a building shall be included in lot coverage. For example, a lot containing 10,000 square feet has principal and accessory buildings planned or ex- isting whose ground-floor area (footprint) is 2,500 square feet; thus lot coverage is 25 percent. Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened-in pools or patios shall be considered in computing lot coverage, but shall be computed as only 50 percent of their actual coverage. Lot depth means the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the-lot boundaries. For the CD 78:19 ZO~I'~~G Garage, private means a building or space used as an accessory to or a part of a main building permitted in any residence district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is in any way conducted. Gas station means a retail establishment which sells automotive fuels, oils and lubricants only, with no sale or installation. of tires, batteries or similar accessories. A gasoline station is not a full-service fuel station or a convenience store. (For additional reference, see also Full-serui.ce fuel station). Governmental use means public land areas and facilities which are utilized for daily administra- tion and operation of government business which house personnel, records, equipment and the like bel~n TnK to ~-~n ~i-.n.i~ 4.. 4..4.. ,7 .- 1 ++S+++b ~atc LV~al, Colin l.y', j1.A.l,C, or feLLCral government, or special district or agency. Grade means a reference plane representing the average finished ground level adjoining the building at all exterior walls. Grade, highest adjacent. See Highest adjacent grade. Greenhouse means an enclosed building, per- manent or portable, which is used for the growth of small plants. Gross acre. See Acre, gross. Gross floor area means the sum of the total areas taken on a horizontal plane of a floor or several floors of a building measured between the outside face of the exterior walls, exclusive of areas open and unobstructed to the sky. Cress Iffier--a~rpe~~a-his-u,~{ly-the vil ~luat+~izzv~IC.`2~5TL0.11~,G VL 0. IJ Gross leasable area (GLA) means the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet and mea- sured from the centerline of joint partitions and from outside wall faces. GLA is all that area on which the tenants pay rent; it is the area produc- ing income, and is the square footage amount used by the village for determining required park- ing area. GLA includes all areas less common areas (see Common area). Ground coverage. See Lot coverage. ~ 75-4 Ground floor area means the square foot area of a building within its largest outside dimen- sions, exclusive of open porches, breezeways, ter- races, garages, exterior stairways, secondary stair- ways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total area used by the village in determining the percentage of lot coverage. Group home means a dwelling unit licensed by the state department of health and rehabilitative services which provides a living environment for six or fewer residents, which may be unrelated, who function as a family living unit, including such supervision and care with supportive staff necessary to meet physical, emotional and social needs of the residents. Health care facility means an establishment primarily engaged in furnishing medical, surgical or other services to individuals, including the offices of physicians, dentists and other health practitioners, medical and dental laboratories, outpatient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services. Height of building or structure. See Building, height of. Highest adjacent grade means the highest nat- ural elevation of the ground surface, prior to construction, next to the proposed walls of a structure, if the finished grade is level. If the finished grade is not entirely level, the grade shall be determined by averaging the elevation of the ground at each face of the building, or as other- wise determined by the building official. Highway means a major arterial roadway or thoroughfare with intersections at grade and di- rect access to abutting property, primarily de- signed for through traffic, on a continuous route, and not having access control (example: U.S. #1). Hospital means a facility licensed by-the state providing primary health services and medical or surgical care to persons, primarily inpatients suf- feringfrom illness, disease, injury, deformity, other abnormal physical or mental conditions, chemical or substance dependency or abuse, and including, Supp. No. 3 CD78:17 zorrl~rc § ~s-4 letting. It is not intended as a large strip motel or support, shelter, or enclosure for any occupancy or urban luxury hotel, but rather as a small town storage. Carports and garages which are not an inn of the kind enjoying resurgence all over the integral part of the main building will be consid- country. eyed accessory buildings. Bedroom means a room other than a kitchen, dining room, living room, bathroom, or closet, which is marketed, designed, or otherwise likely to function primarily for sleeping. Block means a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of--way, bulkhead lines, or shorelines of waterways, or corporate boundary lines of the village. Board of adjustment means the village board of adjustment as set forth under the terms of this chapter. Bookstore mearl.c an establishr.:ent engaged i.a the retail sale of new books, magazines and ac- cessory supplies. Brealzaway wall and frangible wall mean a partition independent of supporting structural members that will withstand design wind forces, but which will fail under hydrodynamic, wave, and run-up forces associated with the design storm surge. Under such conditions, the wall shall fail in a manner such that it breaks up into components which minimize the potential for damage to life or adjacent property It shall be a characteristic of a breakaway or frangible wall that it shall have a horizontal design loading resistance of no less than ten and no more than 20 pounds per foot. Breezeway means a roofed, open-sided passage- way connecting two separate structures, or two separate portions of the same structure. Buildable area means the portion of a lot remaining after required setbacks have been pro- vided. Building means a single structure which is permanently affixed to the land, and has one or more floors and a room. A building may, for example, consist of aone-family residence, a se- ries of townhouses, a row of apartments with individual entrances, or an apartment house, a single store or a row of stores (depending on location of lot lines), or any structure built for Building, accessory. See Accessory building. Building code, state minimum. See State min- imum building code. Building, detached, means a building having no party walls in common with another building. Building, elevated. See Elevated building. Building front means that exterior wall of a building which faces a front lot line of the lot. Building, height of, means the vertical distance measured from the existing average elevation of the highest adjacent grade, at the base of the building to the highest point of the building or roof. Height shall be measured to the highest point of the following: (1) The coping of a flat roof; (2) The average height level between the eaves and roof ridge or peak with gable, hip, or gambrel roofs; (3) Deck lines on a mansard roof; (4) For a roof with equipment which exceeds more than four feet above the highest point of the roof. Stairways, elevator pent- houses, and accessory operating equip- ment enclosed within the roofline are ex- cluded, as are screens to conceal facilities on the roof provided that the screen is not under roof and is less than ten feet in height. Building line means a line on a lot, generally, but not necessarily, parallel to a lot line or road right-of--way line, located a sufficient distance therefrom to provide the minimum yards required by this chapter. The building line delimits the area in which buildings are permitted subject to all applicable provisions of this chapter. Building, nonconforming, means a legally ex- isting building which fails to comply with the regulations (for height, number of stories, size, Supp. No. 3 CD78:11 ~~ t7 w N Minirrzum Setb¢chs NliraimurnLot MlnimumLot Maximum Distriirt Size Widtla Lot Coverage Front Yard Side Y¢rd Re¢r Y¢rd R-3 10,000 sq. ft. fm' the first 80 ft. 35% 20 ft. 20 ft. plus 2 20 ft. plus. 2 multifamily dwelling trait, 200 ft.s 0 ft. for an ac- ft. for each additional 10 ft. for each additional 10 plus 3,356 sq. cessory struc- ft. or portion ft. or portion ft. for each tore not ex- thereof over thereof over additional ceeding one 50 ft. in 50 ft. in dwelling unit story/10 ft. in height of the height of the to a maxi- height used for the park- main building t main building mum of 12 dwelling uigofvehicles or s ructure. 10 ft. for any or structure. 10 ft. for any units per only (covered parking) and accessory accessory acre, provided that one-story building or y one-stor building or the design of structure. structure the front of Plus 2 ft. for . Plus 2 ft for the covered each addi- . each addi- parking tional story of tional story of structure in- the accessory the accessory eludes fully building or building or landscaped structure. structure grade and/or . raised plant- ers that pro- vide a mini- mum of 10 ft. of landscaped width along the full front- age of the cov- ered parking structure. t}-1 7,50U sq. ft. 75 ft. 40% 15 ft. None, except 10 ft. from 10 ft. at any property line intersecting or 10 ft, from street and if center of rear contiguous alley if appli- with any non- cable commercial district Maximum Building Height 11 stories/101 ft. measured from the av- erage height of the crest of the sand dune line, for main building or structure east of Beach Road, and measured from grade west of Beach Road.4 2 sto- ries/20 ft. for any accessory building or structure. Minimum Lining Area Require- ments 1,500 sq. ft. for first 2 bed- rooms, plus 225 sq, ft. for each addi- tional bed- room. Minimum Landsc¢ped Open Space 30% 2 stories/35 ft. Not applica- 25% ble w trJ ' a n O b CJ %t-~~~ `I'EQUES`I~~ CODE i;2 j v~%atchmen mobile home. Use of this facil- ity allows overnight habitation if in com- pliance with the following: a. The mobility of the vehicle used as a mobile home or house trailer shall be maintained. b. Sanitary facilities must have ap- proval of all governmental agencies having appropriate jurisdiction and permits and inspections for neces- sary electric and water supply and sewage disposal facilities must be obtained from the village depart- ment of community development. c. The temporary permit shall be valid for a period of one year. d. Requests for extensions of time be- yond the initial one-year approval shall be made to the village council on forms prescribed by the village. In no case shall the total time exceed a maximum of two years for the initial approval and subsequent ex- tensions. e. Execution of notarized mobile home removal agreement is required. £ No additions or adjuncts shall be permitted to the mobile home except approved awnings and demountable screen panels. (Code 1977, app. A, § IX-A(H)) ~ e cs. 78-259-78-280. I~ eserved. ARTICLE IX. SUPPLEMENTAL REGULATIONS DIVISION 1. GENERALLY Sec. 78-281. Applicability. The district regulations of this chapter shall be subject to the provisions and exemptions in this article. (Code 1977, app. A, § X) Sec, 78-282, Structures exempt from height limitations. Chimneys, water tanks, elevator lofts, church spires; flagpoles, parapet walls and turrets may, at the discretion of the village council, be erected above the height limits established by this chap- ter. (Code 1977, app. A, § X(A)(1){a); Ord. No. 605, § 6, 5-18-2006) Supp_ No. 3 CD 78.76.4 78-4 TLQtiESTA CODD the sky for eventual removal not expected within 72 hours; or for continuous replacement by same or similar goods or products. Story means that portion of a building included between the upper surface of any floor and the upper surface of the floor or roof next above. or if there is no floor above it, the space between the floor and the ceiling above it. Street means any public or private thorough- fare which affords the principal means of access to abutting property. It may be designated on the map as a street, avenue, boulevard, drive, place, court, road, terrace, way, circle, lane, walk, path or otherwise. Street centerline means the line midway be- tween the street right-of--way lines of the sur- veyed and platted centerline of a street, which may v. ...ay a.Ct b2 tiic irrie iuid"v~aj% between ti1C existing right-of--way lines or pavement. Street centerline setbacla means the minimum distance measured from the street centerline re- quired for the preservation of existing right-of- way and future right-of--way expansion. Street intersection. See Intersection. Street line means the line between the street and abutting property, also referred to as right- of-way line. Street tree means landscape plantings located along or within rights-of--way, which are condu- cive to the aesthetics and safety of the right-of- way. Structural alteration means any change in the supporting members of a building, such as bear- ing walls or partitions, columns, beams, or gird- ers, or any substantial change in the roof or in the exterior walls, excepting such repairs or replace- ments as may be required for the safety of the building. Structural trim means the molding, battens, capping, nailing strips, latticing, and platforms which are attached to the sign structure. Structure means a walled and roofed building that is principally above ground, a manufactured home, a gas or liquid storage tank, or other manmade facility or infrastructure, or that which is built or constructed; or an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite rnanner. This includes but is not limited to platforms, radio towers, sheds, storage bins, tents and display signs. Fences and walls of less than three feet in height and walkways and other landscaping elements such as birdbaths, foun- tains and like items of less than three feet in height, flagpoles, lampposts, basketball backboards, statues and mailboxes shall not be considered as structures. Structure, accessory. See Accessory structure. Structure, :major, includes but is not limited to residential buildings, commercial, institutional, industrial, and other construction having the po- tential for substantial impact on coastal zones. Structure, minor, includes but is not limited to pile-supported elevated dune and beach walkover structures; beach access ramps and walkways; stairways; pile-supported, elevated viewing plat- forms, gazebos, and boardwalks; lifeguard sup- port stands; public and private bathhouses; side- walks, driveways, parking areas, shuffleboard courts, tennis courts, handball courts, racquetball courts, and other uncovered paved areas; earth retaining walls; and sand fences, privacy fences, ornamental walls, ornamental garden structures, aviaries, and other ornamental construction. It shall be a characteristic of minor structures that they are considered to be expendable under de- sign wind, wave, and storm forces. Structure, nonhabitable major, includes but is not limited to swimming pools; parking garages; pipelines; piers; canals, lakes, ditches, drainage structures, and other water retention structures; water and sewage treatment plants; electrical power plants, transmission and distribution lines, transformer pads, vaults and substations; roads, bridges, streets, and highways; and underground storage tanks. Subdivision means the division of a parcel of land into three or more lots or parcels either by plat into lots and blocks or by metes and bounds description for the purpose of transfer of owner- ship or development, or, if a new street is in- volved, any division of a parcel of land. A lot split Supp. No. 3 CD78:28 f;~~~\, . April 2, 2009 ". ~l:~ll~rl`,~1~'i~7 (jT ~~n~Vi'`,ll_ !~i] 11 LiE'~'FLc.I''~.~IE~JT 34> Tequesta Bri~~e ~~ Teques~a, Florida 3469-02~~, ~>>'~~ 1; ~%5-622C ~ F~.,. l = ~ ~ ~ '~-6:24 Mr. Hassan Ghalam - 2- ~ 2 - - ~ ~ Facility Manager Tequesta Towers 400 Beach Road Jupiter Island, FL 33469 Mr. Scott Baruch AiitiioriZcd Agclit 178 Beacon Lane Jupiter, FL 33469 Dear Messrs Ghalam & Baruch: We are in receipt of your correspondence and plans submitted to our office on 3/18/09. We find that the submittal is not complete. Our office has reviewed the tape of the 1/8/09 meeting of the Planning & Zoning Board and confirms the following requirements in preparation for your next meeting: 1) Review and present other options for the roofline. 2) Show the line of site on plan from all the surrounding buildings, both with the existing structure and the highest roof line of the proposed structure (All drawings and elevations to be drawn to the same scale.) " 3) Show footprints and setbacks of existing buildings and proposed structure. 4) Photos of the sites to be set up on boards for-the next meeting. 5) Samples of materials, paint chips, roof, etc., be supplied to the Planning c~. Zoning Board along with a color rendition of the proposed structure. 6) Property owners' at Tequesta Towers and neighbors to meet and discuss issues and plans_ These meetings area "policy" of the Planning & Zonilig Board. 7) Provide Catherine Harding, Community Development Director with a notice of the meeting «~ith neighbors. 8) The Village Attoniey will be in attendance at the next meeting. T l~ ~ss~°~~ ~~~s~ ~ E~h~~~en ~ S~dta ls~~~cl~ A~ P"P~ ! s ~~'~'~t li1'~~~ ~ - die hope this letter will further clarify the recommends-bons made to you by the Planning & Zoning Board at the 1/8/09 meeting. Please submit the required information at your convenience. After you have. completed these requirements, you will be placed on the agenda of the neat available meeting of the Planning & Zoning Board. If you have any questions or if we can be of assistance, please. do not hesitate to call. Yours truly, Catherine A. Harding CO111111U111tV LevCIC)pCflefll. Z/lYe(',IQT c: Planning & Zoning Board CHCorrespondencc ~V f.2111C iLVULS~ LtrL 1GI, j~i5%.i6~~~ P.o~~e ~7~b9~I0 i~ac~es 1 Stars Tine ~ OS-G6 IS ; 1 Elapsed dime i,6`07" mode ECM Pesuit Ok 442o Beacon Circle West Palm Beach, Florida 33407 Tel: 561.842.3000 • Fax: 561.842.3626 Conrad Damon E-mail: cdamon(a~warddamon.com August 11, 2009 Via hand delivery Catherine A. Harding Community Development Director Village of Tequesta 345 Tequesta Drive Tequesta, FL 33469 Re: Tequesta Towers Pool cabana/fitness building Dear Ms. Harding: Enclosed please find an Amended Site Plan Review Application & Checklist for Tequesta Towers Condominium Association. As discussed at the time of our July 31, 2009 meeting, the previous Application's recitation of Lot Coverage and Open Space was not based upon the actual definitions of such items in the Village of Tequesta's Land Development Code. As a result, the previous Application substantially overstated Lot Coverage at 41 %, creating the incorrect impression that the existing improvements on the property were non-conforming. The R-3 zoning district permits a maximum Lot Coverage of 35%. In fact, the actual existing Lot Coverage is ~~ ~5 %, and the proposed Lot Coverage with the reconstructed pool cabana/fitness building will be I a . ( %. Also, please note that the height of the proposed reconstructed building is ~ 9 ~- ~" feet, based upon the average height level between the eaves and the peak of the roof in accordance with the Land Development Code's definition of building height. This is less than the 20' height limitation set forth in the Code for two story accessory structures. The peak of the roof is 2~ '-~'~ feet. The peak of the roof above the elevator loft of the building is 24'- -" feet. Thus the peak of the elevator loft is slightly higher than the peak of the rest of the roof by 2'-7" feet. This elevator loft roof height is exempt from height limitations in accordance with Village of Tequesta Land Development Code Section 78-282. Request is made that the Village council approve the height of the elevator loft, the peak of which is slightly higher than the peak of the main roof, which is August 11, 2009 Page 2 otherwise conforming and Code compliant. Otherwise, the Amended Application by Tequesta Towers Condominium Association reflects a request to construct a two story accessory structure which will result in the entire property having Lot Coverage of only 4 S ~ l . %, well below the maximum permitted Lot Coverage of 35% and which proposed accessory structure will be conforming and otherwise compliant with all of the requirements of the Village of Tequesta Land Development Code. The submitted Site Plan is consistent with the goals, objectives and all other provisions of the Village Comprehensive Development Plan. Moreover, the projected use of the structure is similar to the use of the existing structure which is being replaced and is specifically authorized by development ordinances and regulations. Thank you for your attention to and cooperation in this matter. Very truly yours, Conrad Damon cdamon .warddamon.com CD:ss Enc. cc: Tequesta Towers Condominium Association, Attn: Hassan Ghalam via email: hghalam .aol.com Scott Berush via email: jbaruch(a~fau.edu ,_ ~~1 ,• ,- r t^'; `fir, ~ ,,, ._..... __._... __. ~, 1 ~+~~ ~~~ ~ ~ .zrt~,~ I .:_.__~._ --- - - t t`'~~~~~~~I~/ ~lr~',~I~Tt~~~i"~'}- (.)J~ C:O,ll~~}C~~~"}'~" I)~t~LI~.,C~IPIVIi~`~'T `+~~"~~,~ ~~15 `,1'ct}t1~~FS+ ~~1•i~'e, let}ttc~s#;t. lf~s 3;~~ti~ ~_ _._..._ ____._-.._.._.._._._ .__._.._..___~____. ~_..__..__ __... _.T._ ____~ __~._...___~__. ____~._... _._._ __ _ I I3,A'I':[.~;: 8 • I ! • 09 t`~~"I ~)1+`+C.~)°r'4'TItI,~-}'IC)~: ~ ~' 45v,~6 ~ _~_. _._~._.,~,_~._.,.._.v .. ~_ _.~._..._._~_.._.______..._....__.....w_..._.._.....___.__..._.__..__..__________._~._...__...-.__....____...x._..__....___._._.___r.._~_..._._.... 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Base I~lculd t~14~ atiell 10 ~j P,oposed Fillislted Floor I~.leMfatiQll - t ~ „~:z~<' __ N...~_m.~ ! dj ~.oastal ~Hi~ll l~ai*,ard Dsi~lrt ~:o~usiacratiol~. _ l5. ~i~na~e: i~~IastcrSirrn Plan f~ecluired: Include a sutlllt~an znd rendering c~fall on-site suns in~ltidiklf directii~ltal si~na~~e, ~~~all siesls and free-stand`utp suns. i t~rumberC~fl~ret-~tarldin~Si+Tns: n/a 4i~n Uis lay Arc,a Size {S : Ft-) ~/` I 1 Ivultiber and Description of I~ire~tional Suns; ,.,_ dumber of ~;?4'all Suns: n/=~ .~-~----..__.,~.__~_.~ t. -_. Sr,~rl Site (Sq. l=t,~ ;1/'a. 1 ~. L~nd~capil~g I'~equirements: I'erce.ut ©f Natit~c Flalztin~s: i i l- SI/CT101\ 2 - C11I/CK LIST' ~7I+ Ii.Lf~tIII:I~.:T9 i?O~I31~~T~~'7~S A. Letters of:lpproval. Permits an.dfor Level of Scr~~iee L~aculrlentatiolt fi-cnl-all applicable a~~ns:ics. A contact list (nnt all inclusit~e~ is inclUdeci «-itl~ this application for`-(~ur con~~el~ience. 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L.. c. i .. il.e .7 '_L~f/ L1 } p`... k.. fll...t}E t1.- _ i?f~ l 'earth 1'~~era[ ~#ts~;o;~av~ F~~rar;~~ ~~2,irsra, Hee€r~° :k, l}n~}:i: t ~ ~ ,r _~st 1~0(:xi 1~C2t1)iT.; ['~ ~~~~f s `T7rJ~^tl"llllii)ll 2 1'i1X_ 3C7f-~l~a•~~SeJ~1 z<i?Ctt a ~ ~t2pervisor ~ I r t itt~:if i'7.irl;ir[?e', azi''3'srt?~ti ?fir--C:`Iti ;tb,l~.!77 f~ jAf ~ P `` 1~1; TEQUESTA UTILITIES DEPARTMENT MEMORANDUM TO: CATHERINE HARDING, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: RUSSELL K. WHITE, PUBLIC SERVICES MANAGER SUBJECT: DRC / 400 BEACH RD. DATE: 12/29/2008 After review of the above subject, I have the following comments: • Due to additional capacity reservation there will be an additional ERC (Equivalent residential connection) at this address. • The cost is $2,510.36, due prior to the CO. Please feel free to contact me with any questions you may have. 5 ~~a ¢s ~t ,~ y w.~E, -E~}„ ~,., Memorandum To: Catherine Harding, Community Development Director From: James M. Weinand, Fire Chief Date: December 29, 2008 Subject: DRC review comments for the proposed project at 1~ ~~~; Beach Road. I have reviewed the proposed new pool and fitness building at ~00 Beach Road and offer the following comments: 1. Fire hydrant must be spaced with a maximum distance of 300 feet and no more than 300 feet from the furthest portion of the most remote entrance to the building. 2. Mechanical ventilation shall be provided in the basement area. 3. The building must be equipped with automatic fire sprinkler system in accordance with NFPA 13. This automatic fire sprinkler system will have sectional control valves on each floor. A freestanding fire department connection shall be provided to the fire protection systems, a location to be determined by the fire department. 4. Fire alarm shall be provided in accordance with NFPA 72. 5. As-built drawings will be provided to the fire department in the following format: one full size set, one 11" by 17" set and by electronic AutoCAD format. 6. Key access box needs to be provided for the building. 7. Elevator needs to be sized to accommodate an ambulance stretcher, eight (8) feet minimum. If you have any further questions, please do not hesitate to ask. ~ _.. ~,. ,~,tROrvr~ f~ ~4 ~~~~C~~~ ~~~ ~~~~~~~ ~ ~~~~~ .~. n ¢~ `~ O •~ 2500 Jupiter Park Drive. Jupiter, Florida 33458-8964 ~ `' ~~ Telephone (561) 747-5700 Fax (561) 747-9929 ~ _ ~` ~ e-mail: osprey@loxahatcheeri-ver.org '~Q_ ~~-° .. .O~ v~~ebsite: www.loxahatcheem~er.org. tib~-s~~~ ~y' of ~ ~ 7 l y~ Richard C. Dent, Exectutve Director Preserviug Nature by Design • Award Winning Wastewater Program • WildPine Ecological Lab • Busch Wildlife Sanctuar} • The Ricer Center • Friends of the Loxahatchee Ricer, lnc. November 14, 2008 J. Scott Baruch J. Scott Baruch & Assoc. 178 Beacon Lane Jupiter, Florida 33469 Re: Tequesta Towers Pool /Fitness Building 400 Beach Road Dear Mr. Baruch: This letter is provided in response to your recent request concerning sanitary sewer service availability for the subject project. Please be advised that, as of this date, sanitary sewer service can be made available to the subject property upon the payment of certain costs in accordance with the District Rules. Consistent with District policy, the Developer will be responsible for all costs associated with connecting to the existing wastewater system of the District. Should you require additional information on this matter, please contact me. Sincerely, Clinton R. rk Deputy Exe >ve Director q:\dev\ptoj\TequestaTowerslavailltr.doc Mark R. Ciarfella Joseph O. Ellis SaKyer Thompson, Jr. Loring E. "Snag" Holmes Paul J• Whalen Board Member Board Member Chairman Board Member Board Member L~ t r Yage 1 of "l Scott Baruch From: Jacey Biery [JBiery@pbcgov.org] Sent: Monday, iovember 17, 2008 3:38 F'IVI To: Scott Baruch Subject: RE: Tequesta Towers Scott, { appreciate the Village of Tequesta's cooperation with this matter. Awareness of what is required to comply with Palm Beach County's sea turtle lighting ordinance enables the permitting process to run smoothly and efficiently. As long as the applicant is informed of the County's ordinance and that a Sea Turtle Lighting Permit is required in the site plan review phase, we will accept the application and drawings when available or in this case, concurrent with the construction permit process. Pre- application meetings are encouraged. Please contact me with any questions. Best Regards, Jacey Biery 561-233-2461 __ From: Scott Baruch [mailto:jbaruch@fau.edu] Sent: Monday, November 17, 2008 11:48 AM To: Jacey Biery Subject: RE: Tequesta Towers Jacey, Thank you for the information regarding the Sea Turtle Lighting Plan Approval process. The project is currently in the Site Plan Review phase and when it is submitted for a construction permit the drawings will be submitted to the Department of Environmental Resources Management per its approval process. For the purposes of Site Plan Approval with the Village of Tequesta, Tequesta requires a statement indicating requirements or action from ERM. I believe an a-mail will suffice, if you could respond indicating the requirement of a Sea Turtle Lighting Plan Permit concurrent with the construction permit process. Thank you, Scott Baruch 561 799 8631 From: Jacey Biery [mailto:JBiery@pbcgov.org] Sent: Friday, November 14, 2008 1:42 PM To: jbaruch@fau.edu Subject: Tequesta Towers Hello Scot, , Please contact me with any questions! Best Regards, Jacey please consider the environment before printing this emaN 11/17/2008 ~, FLORfD,A DEP;IRT\9E~T OF _~~..---~ ~..---~.~..-~•aa ~. HEALTH ~~~~ Charlie Crist Governor November 14, 2008 J. Scott Baruch J. Scott Baruch & Associates, Inc. 178 Beacon Lane Jupiter, FL 33469 Re: Tequesta Towers Pool/Fitness Building replacement File: SV~'P 23+4 Dear Mr. Baruch: Ana M. Viamonte Ros, M.D., M.P.H. State Surgeon General We have reviewed your plans and letter request for this project dated November 4, 2008 and received this date and have the following comments: 1. The men's restroom for the pool will require a urinal. 2. The restrooms must comply with the design requirements of Florida Administrative Code (F.A.C.) 64E-9.006(2)(f)3. 3. If the pool equipment is to be relocated to the "pump room" the equipment room must comply with the requirements of F.A.C. 64E-9.006(2)(e). A modification permit for a public pool will be required if the plumbing for the pool and/or equipment is to be changed or relocated. This will require submission of plans and an application by a professional engineer registered in Florida and a fee of $150 payable to this office. Information regarding permit requirements is available at the DOH website: http://www.doh.state.fl. us/environment/water/swim/index. html If you have any questions, please call the undersigned at (561) 355-3070, extension 1136. Sincere) , CJ- L''~-~-- T. D. LeFevre Engr. III-Supervisor Plan Review & Permit Section Environmental Health ~ Engineering TDL/ ~'~ ' ~, <_'; PALM BEACH COUNTY HEALTH DEPARTMENT ~/ Post Office Box 29 / 901 Evernia Street, West Palm Beach, FL 33402 '~---~=~"- Jean M. Malecki, MD, MPH, FACPM, Director vvww.pbchd.com TELEPHONE (561) 355-3070 FAX (561) 355-2442 ~ ~~ Gecember 1, 208 Ms, Caral Lux Planner village of Taqupsta 250 TegL~t$ta Drive Tequesta, FL 33469 Deparca+enr of EnII3xteerirtg ; RE; Tequesta Towers pool & FItT1C3S Building arm Pabhe works i Projost,~: 081106 P.0 Dec 21224 TRAFFIC PERFORMANCE STANDARDS RE191EW W=s[ ?Y,+Irn Beac!~ F 33616-12.39 Dear Ivts. Lux; (661 6$4.4000 wwuspbcgov.wm ! The palm Beach County Traffic Divis!or? ttas reviewed me traffic stateme tt for the . proposed residential improvement project entitled; Teuesta Towers, purse;3r~t to the I Traffic Performance Standards in Article 12 of the Palm Beach Cou it r Land Dovelopment-Code, The protect is summarized as Follows; i I.,ocatlort; 400 Beach Ftcad. Municipality; V11aBe of Teruestz ry,n cearACy PCN #~ Ea-as-4aa2~4-DO ~ ~p000 goa-ra o: C.anncy ! EXI641ng uses: 44 MF residential Units, and $30 SF Pool & Fitness carom (to Oosami~lcm®rs j be demolished). ! NeW Propasal; Addition Of 2,800 SF Pool & Fitr-e55 Room Addle G r+7eene, Chauper6on New Daily Trips: Nona Jed Mvons Vico Ehair II New PH Trips: iVane 8uiid•aut: Year End 2009 ttaren 7, Marcus I Bssed on our review, file Traffic Division has determined that the proposed deti ai aprnent Rober<~ Iicnjtao will not generate new traffic, since the proposed plan does net include addit~+r~ of new ~$,~, p,~~y residential units. Therefore, the prnpased plan which Is a seMce for pries to use of current residents only, mee#a the Traffic Perform~lnce Standards of Palm Beach ;aunty. 9urr Aaronson i No buUding permits arQ to be issued by the City, alter ft1®buld-out date, speafi 3t above, J®sa R 6sautimaria ; The Cor.~rrty traffic concurrency approval is subject to the Project A®gregation R :lea set i forkh in the Traffic Performance Standards Qrdinance. !i`you have any questions regarding this determination, please contact me at 6!§ ~~ 4030 or e-mall meat matefiCa~pbcoov.com, tb+aaey Admirtiprraeor Sincerely, Robert Weisman I` ' ~ /' Masoud efi - M E TPS Adm istr r, MunlclpalRles - Traffic Engineering Divlsiorl lutA:sf cc: J. Scott, f aruch & Associates File: ve~eral •TPS - hlun -Traffic Study Reviews F:~7Ft,4FF~C~mA~Admi~lApprcv51ai~0~10891 ~ie.doo 'ifrt Bqu~ Oppprrvrtrfy ~ f.,~j vmvtiw A'ee~cn Em~y~ I ednrsm on ragroi~ asp~r °~ ~r_ Yage t of 1 Scott Baruch From: Angela Usher [usher@palmbeach.k12.fl.us] Sent: Friday, November 14, 2008 4:57 PM To: jbaruch@fau.edu Subject: Tequesta Towers Mr. Baruch: This email is a follow up to our conversation regarding changes to Tequesta Towers in the Village of Tequesta. You stated that you have submitted a request to the Village to demolish an existing fitness building and replace it with a new Fitness Center building. The School District of Palm Beach County has no objection to this request. The new fitness building will not have any impact on the public school system /school concurrency system. Thank you so much for checking with us. I also appreciate the Village of Tequesta asking you to contact us for our input. .Angela D. 1lsher, .~IICP Intergovernmental Relations Manager Planning Department School District of Palm Beach County (561) 434-8800 phone (561) 434-8187 fax website: www.pbcschoolplanning.info usher(a~palmbeach.k12.fl.us Under Florida law, a-mail addresses are public records. If you do not want your a-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 11/14/2008 '' ~~-~ ~. To: From: Waste Managea~ent Fax:llaste Mzna4emant tioPCa_L at;~-12-03-13:45 Doc:709 Page:002 1 I ill 7700 SE Bridge Road Hobe Sound, FL 3355 December 3, 2008 J. Scott Baruch J. Scott Baruch & Associates 1?8 Beacon Ln Jupiter, FL 33469 RE: Tequesta Towers Pool /Fitness Building Dear Scott: Thank you for the opportunity to revievr your site plan for the proposed Tequesta Towers Pool /Fitness Building project located at 4~J0 Beach Rd in Tequesta., Florida. Waste Management finds the allocated space and access adequate for the safe and efficient removal of solid waste by means of commercial containers. Please be advised- ±hat Tequesto proactively advocates all recycling activities that will minimize the vraste stream and promote a cleaner environment. Businesses are encouraged to participate in recycling, primarily office paper, corrugated cardboard and co~~mingled recyciables {aluminum, glass and plastics 1 7). ~,dditionQl opaoo for tho:~c notivitioo io auggootcd ao wall ao tomporary storage for bulk items. If I can be of further assistance, please fee! free to contact me at 7? 2-546-7?00 and again, thank you for submitting your plar~:~ for revie4v. Sincerely, Mark Naumovitz Craig Ahal Waste Management i~ .-, Yage l of l Scott Baruch From: Conmy, Barbara [bconmy@sfwmd.gov] Sent: Tuesday, November 18, 2008 3:50 PM To: Scott Baruch Cc: Hanes, Caroline; de Rojas, Carlos Subject: Tequesta Towers - Scott - It appears that the project meets some of the criteria for a No Notice General Permit, including having less than 10 acres total project area, less than 2 acres impervious surface and no work in wetlands or other surface waters. However, the criteria also require no impacts (direct impacts, secondary impacts, or otherwise) to wetlands or other surface waters. Before we could determine whether the project meets that part of the criteria for a No Notice GP, we would need to review the lighting associated with the new building to determine whether there will be any secondary impacts to sea turtles. Barb Conmy Barbara J. Conmy Section Leader Natural Resource Management Section Environmental Resource Permitting Division South Florida Water Management District (561) 682-6937 bconmy~a sfwmd.gov For SFWMD permit information, forms and other application resources go to Permitting From: Scott Baruch [mailto:jbaruch@fau.edu] Sent: Friday, November 14, 2008 1:42 PM To: Conmy, Barbara Subject: Barbara, I spoke with you yesterday about the small fitness building @ the Tequesta Towers Condominium. Below is the information you requested. Total acreage of Tequesta Towers site parcel 2.31 acres Total impervious surface 41,071 SF Total pervious surface 59,729 SF Thank you for your assistance with this. Let me know if you require additional information or if I can assist you further. Scott Baruch 799 8631 799 8601 fax 11/18/2008 ~~ II~ ~"'r ~.~. November 10, 2008 J. Scott Baruch & Associates 178 Beacon Ln. Jupiter, 33469 Re: New Pool/Fitness Building at 400 Beach Rd. Dear Mr. Baruch: Florida Power & Light Company 100 S. Delaware Boulevard Jupiter, FL 334>8 Electric service will be supplied by FPL to the customer based on terms and conditions outlined in the General Rule and Regulations for Electric Service as approved by the Florida Public Service Commission. I received your plans for the proposed Pool/ fitness building at Tequesta Towers, 400 Beach Rd. According to our records the existing pool building is being sub fed from the house service of the tower. Unless the proposed pool/fitness building will need to be separately metered, FPL will not be required to perform any work. If you have any questions or concerns please contact me at (561) 575-6346. Sincerely, Alan Boaz Project Manager an FPL Group Company 1' ~~F Yage 1 of 1 Scott Baruch From: Drouin, Brett [Brett.Drouin@dot.state.fl.usj Sent: Wednesday, November 26, 2008 10:30 AM To: Scott Baruch Cc: Evert, Rosie Subject: RE: Tequesta Towers, 400 Beach Road Scott: Please be advised that the above referenced location is not located on the state road system, therefore, we (FDOT) have no jurisdictional authority for reviewing and/or approving any action(s) associated along the C-707 corridor. I apologize for any inconvenience or delay to your project that you may have incurred if you were inadvertently instructed by someone from this office to submit the proposed site plan for my review. If you need to discuss this issue any further please do not hesitate to contact me. Regards, Brett Drouin Permits Manager Palm Beach Operations 7900 Forest Hill Boulevard West Palm Beach, Florida 33413 Phone: 561.432.4966 ext 1134 Fax: 561.432.4231 email: brett.drouin@dot.state.fl.us Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your a-mail communications may be subject to public disclosure. (Chapter 119, Florida Statutes) From: Scott Baruch [mailto:jbaruch@fau.edu] Sent: Wednesday, November 26, 2008 10:05 AM To: Drouin, Brett Subject: Tequesta Towers, 400 Beach Road Brett, As discussed, for the purpose of the Village of Tequesta's Site Plan review process for the Tequesta Towers project, please provide a response stating requirements or action to be taken. Thank you, Scott Baruch 11/26/2008 ~ FW: Tequesta "towers/Pool/fitness Building Scott Baruch From: Jagnarine, Indarjit [Indarjit.Jagnarine@dep.state.fl.us] Sent: Monday, November 24, 2008 1:39 PM To: jbaruch@fau.edu Subject: FW: Tequesta Towers/Pool/fitness Building Dear Scott: Page 1 of 1 This is to acknowledge receipt of your November 4th 2008 submittal with a proposal to demolish the existing pool building and construct a 2-story building at the Tequesta Towers. Based on our review of the preliminary drawings, the FDEP has determined that an Environmental Resource Permit (ERP) will be required to address proposed exterior lighting and possibly stormwater runoff. Sincerely, Indarjit Jagnarine Professional Engineer III DEP Southeast District Environmental Resources Program tel: 561-681-6640 Fax: 561-681-6740 ".?4.fore Protection, Less Process" The Department of Environmental Protection values your feedback as a customer. DEP Secretary Michael W. Sole is committed fo continuously assessing and improving fhe level and quality of services provided to you. Please take a few minutes to comment on the quality of service you received. Simply click on this link to the DEP Customer Survey. Thank you in advance for completing the survey. 11/24/2008 ~ ~ ~COmcast. ~~gi€~~~rir~q ~~part~°i~~t 1401 Northpoint Parkway West Palm Beach, Fl 33047 Monday, December O1, 2008 J. Scott Baruch & Associates 178 Beacon Lane Jupiter, Fl 33469 RE :Tequesta Towers PooU Fitness Building 400 Beach Rd., Tequesta, Fl 33469 Mr. J. Scott Baruch, In reviewing your request on the above referenced project, Comcast Cable Communications has no objections or conflicts with your proposed plans and it does not encroach onto our easements or otherwise interfere with the provision of service to our customers. Should you have any other questions, please feel free to call me at 561-227-3492 Since~,y, ~~'G~G~~~~ ~- Donald Stephens Sr. Field Coordinator !l McGuinniss, Maureen From: Amy Shepard [ashepard@Ilw-law.com] Sent: Monday, July 06, 2009 1:38 PM To: McGuinniss, Maureen Cc: Erin Deady; keith@corbettandwhite.com Subject: Tequesta Towers Attachments: VOT_PZAB_070609.pdf Importance: High Maureen -Please find attached a corrected version of the correspondence we provided to the Village of Tequesta on Thursday, July 2, 2009. We had to make a correction regarding the names of the condo associations we represent. As such, please replace the previous version with this updated version for your records. Additionally, please distribute this to the Board members. For your convenience, we are also copying Keith Davis, who attended the meeting as counsel on behalf of the Village. Thank you for all of your help. If you have any questions, please do not hesitate to contact me. Amy M. Shepard Legal Assistant to John J. Fumero, Erin L. Deady &Keri-Ann C. Baker Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, Florida 33401 Phone: 561-640-0820 X160 Fax: 561-640-8202 ashepardt~llw-law.com www.llw-law.com Lewis, Longman & Walker, P.A. is proud to be an ABA-EPA Law Office Climate Challenge Partner. Think before you print! The information contained in this transmission may be legally privileged and confidential. It is intended only for the use of the recipient(s) named above. If the reader of this message is not the intended recipient, you are hereby notified that you received this communication in error, and that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by reply email and delete the message and all copies of it. From: Amy Shepard Sent: Thursday, July 02, 2009 3:50 PM To: 'mmcguinniss@tequesta.org' Cc: Erin Deady Subject: Tequesta Towers Maureen - As discussed, please see the attached correspondence to be discussed at the Planning & Zoning Hearing this evening. If you require any additional assistance, please do not hesitate to contact me. Thank you for your assistance in this matter. Amy M. Shepard Legal Assistant to John J. Fumero, Erin L. Deady &Keri-Ann C. Baker Lewis, Longman & Walker, P.A. 1700 Palm Beach Lakes Boulevard Suite 1000 West Palm Beach, Florida 33401 Phone: 561-640-0820 X160 Fax: 561-640-8202 ashepard(c~llw-law.com www.llw-law.com Lewis, Longman & Walker, P.A. is proud to be an ABA-EPA Law Office Climate Challenge Partner. Think before you print! ,arm ~~~ \a~~~ ~~ ~~~ s~~ ~~„~' 4 ~ _~ ~1`~ 1\\ LEWIS, L4NGMAN & WALKER, P.A. A 1` 7` Q R N E Y S t T L A :"e` Reply To: West Palm Beach July 6, 2009 Elizabeth Schauer, Chair Village of Tequesta Planning & Zoning Advisory Board 345 Tequesta Drive Jupiter, FL 33458 Re: Tequesta Tower's Proposed Site Plau 400 Beach Road Dear Ms. Schauer: Lewis, Longman & Walker, P.A., has been retained by Cliveden Jupiter Island Condominium Association, Inc.; Island House Southwest Condominium Association, Inc.; Island House Northeast Condominium Association, Inc.; and, LaMar Condominium Association, Inc., ("the Associations") to address the significant procedural and substantive deficiencies raised by Tequesta Tower's (the "Applicant") Site Plan Review Application for 400 Beach Road Tequesta, Florida 33469 (the "Property"). The Site Plan Review Application is for the demolition of the current pool building and the expansion and reconstruction of a new 2,904 square foot, two story pool and fitness building (the proposed "Project"). The Associations are comprised of residents living in adjacent buildings and they will be adversely affected by this proposed Project. Because of the impacts to the Associations we are providing these comments and objections regarding the proposed Project. We respectfully request that this correspondence be included as part of the record for this agency action. The Associations have participated in meetings with the Applicant, but those meetings have not been productive due to the lack of details that have been forthcoming with this proposed Project. The Associations have also attempted to meet with the Applicant about a compromise design for the proposed Project, but the response from the Applicant has been that the proposed Project will, in no uncertain terms, consist of two stories. The Associations remain open to working with the Applicant to resolve this matter, but in order to do so, the Applicant must provide more detailed information about the proposed Project so that the Associations can determine potential impacts stemming from its construction. Finally, we appreciate the ability to address the Planning and Zoning Advisory Board ("the Board") regarding this pending Site Plan Review Application. BRADENTON 1001 Third Avenue West Suite 670 Bradenton, Florida 34205 p ~ 441-708-4040 • f f 947-708:4024 Helping Shape Florida's Future JACKSONVILLE TALLAHASSEE 245 Riverside Avenue 2600 Centennial Place Suite 150 Suite 100 Jacksonville, Florida 32202 Tallahassee, Florida 3230$ p ~ 904-353-6410 • f ~ 904-353-7619 p ~ 850-2225702 • f ~ 850-224-9242 www-Ilw•law.com WEST PALM BEACH 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 p ~ 561-640-0820 f ~ 561-54C-8202 Planning & Zoning Advisory Board Letter July 6, 2009 Page 2 I. Submittal Requirements to Review the Site Plan Have Not Been Met The Site Plan Review Application & Checklist submittal package must include a basic, but complete, site plan "containing the title of the project and names of the architect, engineer, project planner and/or developer, date, and north arrow, and based on an exact survey of the property drawn to a scale of sufficient size."~ This requirement is found in § 78-333(a)(4) of the Village's Land Development Code ("LDC"). In the application review process, pursuant to the LDC, the Applicant must also include other required information to demonstrate that a proposed Project complies with local government regulations and all applicable laws.2 ~ Pwsuant to § 78-333, LDC the survey must show: a. Boundaries of the project, any existing streets, buildings, watercowses, and easements, and section lines. b. Exact location, use, height, and bulk of all buildings and structwes. c. A comprehensive traffic study, which shall be provided by an engineering fuze mutually agreed upon by both the village and the applicant. The study shall include but not be limited to access and traffic flow and volume, and how vehicular traffic will be separated from pedestrian and other types of traffic. The cost of this study shall be paid by the applicant. d. Off-street parking and off-street loading areas. e. Recreation facilities locations. f. All screens and buffers. g. Refuse collection areas. h. Access to utilities and points of utilities hookups and location of all fire hydrants close enough for fire protection. i. Tabulations of total gross acreage in the project and the percentages thereof proposed to be devoted to the various uses, ground coverage by structures and impervious surface coverage. j. Tabulations showing the derivation of numbers of off-street parking and off-street loading spaces and total project density in dwelling units per acre, if applicable. See § 78-333, LDC. z Local Village of Tequesta regulations also require submittal of the following for the application for site plan review: (1) Preliminary storm drainage and sanitary sewage plans or statements; (2) Architectwal elevations for buildings in the development; (3) Landscaping plan, including types, sizes and locations of vegetation and decorative shrubbery, and showing provisions for irrigation systems; (4) Plans for recreation facilities, if any, including buildings and structwes for such use; (5) Plans for the extraction of fill and mineral resowces and alterations or modifications to the slope, elevation, drainage pattern, natural vegetation and accessibility of the development; (5) Such additional data, maps, plans or statements as may be required by the village for the particular use or activity involved, including impacts on affected community facilities and services created by the development; (6) The substance of covenants, grants of easements or other restrictions proposed to be imposed upon the use of the land, buildings and structwes, including proposed easements or grants for public utilities, if applicable; (7) A statement from the applicant that the submitted site plan is consistent with the goals, objectives, and all other provisions of the village comprehensive development plan, and further that the projected use is specifically authorized by development ordinances and regulations. The statement shall include, but not be limited to, specific references to those sections of the comprehensive plan relating to the proposed development; (8) A statement from the applicant or landowner that all pertinent permits are concurrently Planning & Zoning Advisory Board Letter July 6, 2009 Page 3 Additionally, the Board identified other requirements and specifications the Applicant needed to provide for its proposed Project to be considered, which the Applicant failed to submit in a timely and complete manner. On January 8, 2009, the Boazd first met to consider the Applicant's site plan review application to demolish the current pool building and replace it with a higher, pool and fitness building. The Board made multiple recommendations, and requests for additional information, to the Applicant as outlined in a letter from the Village dated April 2, 2009. The Applicant was required to submit the additional, and clazified, information prior to being considered on the Board's next Agenda. The requested submittal information included: "(1) A review and presentation of other options for the roofline; (2) depiction of the line of sight for the Project from all of the surrounding buildings together with the existing structure and the highest roofline of the proposed structure; (3) make sure all drawings and the elevations are depicted to the same scale; (4) identify the existing and proposed footprint and setbacks for the Project; and, (5) provide a color rendition and paint chips of the building and the roof." Only portion's of the listed documents and analyses were submitted in response to this January 8, 2009 request. The requested analyses that were completed were not provided to the Village, or the Associations, with the level of detail requested nor were many of them submitted in conformance with standard planning principles and practice. At a minimum, all of the aforementioned documentation should have been submitted prior to the application being considered for discussion and presentation on the July 2, 2009 Agenda. Pursuant to the April 2, 2009 request, the Applicant was asked to meet with neighboring landowners to discuss alternative design options. While the Applicant has met with neighboring landowners, it is clear that the Applicant had already predetermined the number of stories of the ~,:,_~ proposed Project by explaining that the addition had "already been voted on once and wot~d.-net~be~`"~'~~j,~ voted on again". The Applicant claimed in a letter that "during the design process, a single story ` building solution for the fitness center was pursued, but due to the site setbacks, parking garage and other site constraints, a building footprint of 1,000 square feet is the maximum allowed by code, and too small to serve its desired function as a single story building". No other alternatives were being sought from the applicable county, state, and federal agencies. The entire list of requirements can be found in § 78-333, LDC. Planning & Zoning Advisory Board Letter July 6, 2009 Page 4 presented in those discussions which included a single story structure. The Associations would be open to discussions involving a variance for a single story structure. Clearly, the Applicant made no genuine attempt to work towards a mutually beneficial alternative for the proposed Project that would involve any design other than atwo-story building. Finally, the Applicant must comply with all of the relevant development standazds and provisions contained within the LDC. Section 78-331, LDC, among other criterion, requires a development proposed in a site plan review to comply with appropriate levels of service, concurrency, all applicable laws and regulations, and a site plan that maximizes ground water and surface water retention. There aze some serious deficiencies pertaining to the proposed site plan as listed in greater detail below. Overall, the Site Plan Review Application & Checklist submittal package for the proposed Project falls far short of meeting all of the requirements outlined in the LDC and the Village's Apri12, 20091etter. II. Standards of Review For the Board's Advisory Decision The record for this decision3 consists of the Site Plan Review Application, three depictions of the proposed Project, a memo from staff pertaining to appropriate levels of service, a letter from the Fire Chief, a letter from the Public Services Manager, a few miscellaneous letters from staff, a few letters from the Applicant, and multiple letters in opposition to the proposed Project from neighboring landowners. The recommendation of the Board is an advisory decision that will be used by the Village Council to render a quasi judicial decision requiring competent substantial evidence in the record. The ultimate decision and recommendation by this Board is advisory in nature leading to an agency " Section 22-55, LDC details the proper procedure for the Boazd's decision stating that "(a) Advisory only. Recommended actions of the planning and zoning advisory boazd shall be recorded in written form for transmittal to the village council. Prior to adoption of a recommendation with respect to any matter brought before it for consideration, the planning and zoning advisory board shall consider the following: (1) The information submitted by the applicant, including all exhibits, studies or other information presented or used for review of the application. (2) A written staff report indicating the recommendation of the department of community development or any other appropriate governmental agency regarding the ability of the application to meet the standards and regulations affecting the application; the ability of the proposed development to meet level of service standards adopted in the Village of Tequesta Comprehensive Development Plan; the application's impact on the general public's health, safety and welfare; as well as, any other items that are considered appropriate by the department of community development. (3) Comments, if any, from the applicant, staff or the public. (b) Notice. Notice of public hearing shall be advertised a minimum of ten days in advance of al] planning and zoning advisory board public hearings in a newspaper of general circulation in the area." Planning & Zoning Advisory Board Letter July 6, 2009 Page 5 action by the Village Council that will be based on the record. If the record is incomplete, then the decision by the Board, and finally the Village Council, will be arbitrary and capricious. Pursuant to Section 62-125 of the LDC, the burden of showing compliance with the LDC is on the Applicant. In order for this Project to be approved, the application for development must provide sufficient information to demonstrate compliance with the applicable LDC standards. For the reasons set forth herein, the submitted site plan application, supporting documents and file do not show that this burden has been met, and as such, the Board should recommend a denial of the proposed Project or in the alternative should defer the matter until a more complete site plan review application and supporting documents are submitted by the Applicant. III. The Applicant Failed to Provide the Necessary Information for the Village and the Associations to Review the Project's Impacts A. VisualImpacts The actual height and the elevation of the proposed Project cannot be determined from the documents provided by the Applicant. The site plan simply does not provide the necessary information to analyze the impacts of the proposed Project or compliance with the LDC. For example, the Applicant has not provided information pertaining to the existing and proposed footprint and setbacks for the proposed Project. It has merely identified a north elevation scale of/e equal 1'-0. Based on that "scale" it is difficult to interpret the actual magnitude of the proposed Project in relation to the site plan or the surrounding structures. Moreover, the site section graphic that is attached to the Agenda does not comport with a professionally accepted "line of sight" elevation analysis which traditionally depicts the existing view and a projection of the proposed Project against that view to determine visual impacts to affected interests.4 The goal of the line of sight evaluation is to compare the pre- and post-project Merriam Webster Dictionary defines "line of sight" to mean "a line from an observer's eye to a distant point" Visual impacts include changes in appearance of the landscape as a result of developments, and they can be "positive (improvement) or negative (detraction), direct or indirect, temporary or permanent, single or cumulative and can vary in magnitude and significance". (IEATLI 1945). Factors to consider include extent of potential visibility of the proposed development, views and viewers affected, resultant impacts on quality of views, and magnitude of visual impact as determined by duration, nature, scale and other criteria. Institute of Environmental Assessment and the Landscape Institute (IEATLI), 1995 Guidelines for Landscape and Visual Impact Assessment. First Edition. Finally, "The most important stage of a VIA is the identification of potential impacts, prediction of their magnitude and the assessment of their signifcance. The main requirements in predicting visual impacts as described by IEATLI (1995) and are: the extent of potential visibility, the views and viewers affected, the degree of visual intrusion or obstruction that will occur, Planning & Zoning Advisory Board Letter July 6, 2009 Page 6 conditions to determine visual impacts resulting from the new project. In the record, there is single drawing from one side depicting what the side view is if the proposed Project is constructed. The Applicant has also provided a "Site Section" document with a line depicting the general line of sight. Both documents fall far short of the Board's request to "show the line of sight from all the surrounding buildings, both with the existing structure and the highest roof line of the proposed structure." The Applicant has not complied with the Board's request. Based on the record for the proposed Project, the public cannot adequately determine the proposed building height, elevations and other measurements because the information the Applicant provided is deficient. Unfortunately, the public cannot even determine the full extent of the impacts of the proposed Project because there is not enough information to determine the points at which the height measurement of 20 feet (identified in the Site Plan Review Application & Checklist) were taken. B. Nonconforming Lot Impacts The Applicant's lot coverage is 41% which is 6% higher than the maximum lot coverage percentage allowed in the R-3 Zoning District. The submitted Site Plan Review Application & Checklist and record do not provide the rationale as to why the nonconforming lot coverages can be continued upon the demolition and reconstruction of the building. Allowing the lot coverage requirements to continue to be exceeded creates an impact to the Associations. The prior approvals establishing this nonconfotmitys with the LDC do not seem to be available. There may be additional issues pertaining to lot depth but those also cannot be determined at this time because there is no updated site plan showing the building placements, dimensions and/or setbacks on the parcel.6 the distance of view, the resultant impacts upon the quality of views, whether the view is transient or one of a sequence of views, as from a moving vehicle or footpath and the timing and duration of impacts. Id. s Courts will consider if the change in nonconformity is substantially different from the original nonconformity. Miller v. Bera, 104 So. 2d 65 8 (Fla. 2d DCA 1958). 6 Lot depth is defined in the "R-3 Zoning District" as follows: A minimum lot depth of 200 feet, existing on that portion of a lot where a foundation for primary or accessory structures is to be constructed, is required before building permits will be issued in the R-3 District. Lot depth is defined as "the mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries." The term primary or accessory structure shall not include walls, paved parking or decorative features. The determination of minimum lot depth shall not include submerged lands, conservation easement areas, protected wetlands or similar environmentally protected areas. Planning & Zoning Advisory Boazd Letter July 6, 2009 Page 7 I. Substantive Issues of Concern A. Building Height Does not Comply With the LDC In the R-3 zoning district an accessory building is limited to two stories not to exceed 20 feet.g The Applicant states its project is only two stories. However, the Applicant's proposed Project is a two story building that will sit on top of a one story covered garage. Additionally, it is unclear what the actual design and shape of the roof will be, and what is required under the LDC; therefore, the total building height based on the roof style is unknown. Accordingly, the proposed Project is actually much higher than the 20' limitation required in the LDC. There is insufficient information to determine how the building height9 calculations were derived because there is no clear "base of the building" as defined in the LDC serving as a reference point from which to measure the building's height. Based upon this insufficiency, there is no reason to not believe the building exceeds the 20 foot height limitation and is therefore inconsistent with the LDC. B. The Project exceeds the allowable Lot Coverage Percentages for the R-3 District Accessory structures not exceeding ten feet in height may be constructed on lots with less than the minimum lot depth with approval of the Village Council. See 78-4, LDC. Section 78-4, LDC defines accessory structure to be "a detached, subordinate structure, the use of which is clearly incidental and related to that of the principal structure or use of the land, and which is located on the same lot as that of the principal structure or use" Accessory use is defined as "a use customazily incident and accessory to the principal use of land or building located on the same lot." a See § 78-143, LDC. v Building height is defined as "the vertical distance measured from the existing average elevation of the highest adjacent grade at the base of the building to the highest point of the building or roof. Height shall be measured to the highest point of the following: the coping of a flat roof; the average height level between the eaves and the ridge or peak with gable, hip, or gambrel roof; deck lines on a mansard roof,• for a roof with equipment which exceeds more than 4 feet above the highest point of the roof. Stairways, elevator, penthouses and accessory equipment enclosed within the roofline are included as are screens to conceal facilities on the roof provided that the screen is not under roof and is less than ten feet in height." See § 78-4, LDC. There is some ambiguity as to how to calculate building height in this instance specifically as it applies to the "base of the building." Surely the Applicant would not be permitted to erect a garage consisting of three levels and then build its proposed Project and comply with the two stories, twenty feet limits mandated in the R-3 Zoning District. Planning & Zoning Advisory Board Letter July 6, 2009 Page 8 It is clear that the proposed Project exceeds the lot coverage thresholds allowable for the R-3 Zoning District.10 As indicated on the application, the Property is zoned R-3 which allows a maximum lot coverage" of 35%. Based on the information submitted by the Applicant in the Site Plan Review Application & Checklist, the Applicant proposes to demolish and reconstruct the pool house in the same building footprint thereby maintaining a lot coverage rate of 41%.12 Thus, the proposed lot coverage is still 6% higher than the percentage of lot coverage allowed under the LDC and the building is now taller.13 There is no documentation establishing the basis for the extension or perpetuation of this nonconformity. The lot coverage nonconformity is not grandfathered and will be extinguished when the Applicant demolishes the current pool building. Generally, such nonconformities cannot be extended or enlarged.14 Accordingly, the Applicant is limited to only 10 The zoning district of the proposed Project can be found in Article 1, chapter 78, LDC. '~ Lot coverage is defined as "means that portion of the area of a plot, or building site, expressed as a percentage, occupied by all buildings or structures which are roofed or are otherwise covered exclusive of its eve, and any portion of such building covered by a roof which qualifies as open space or any covered terrace, balcony, breezeway or porch or portion thereof not included in the floor area of a building shall be included in lot coverage. For example, a lot containing 10,000 square feet has principal and accessory buildings planned or existing whose ground floor area (footprint) is 25,000 square feet. Thus, lot coverage is twenty-five percent. Unscreened patios or swimming pools shall not be considered in computing lot coverage. Screened-in pools or patios shall be considered in computing lot coverage, but shall be computed as only fifty percent of their actual coverage." Section 78-4, LDC defines ground floor area as "the square foot area of a building within its largest outside dimensions, exclusive of open porches, breezeways, terraces, garages, exterior stairways, secondary stairways, and drive-through teller lanes or walk-up windows of financial institutions only. Ground floor area is the total area used by the village in determining the percentage of lot coverage." is There is some ambiguity to how lot coverage is calculated. The defmition of lot coverage implies that the garages should be included in the lot coverage calculation because the garages are covered. However, the defmition of ground floor, which is used to calculate lot coverage percentages, exempts garages from the lot coverage calculation. Clearly the Village would not allow the applicant to construct a large garage on 100u~ of the Property and then calculate the lot coverage as 0°lo based on some ambiguous language that garages are excluded from the lot coverage calculation. 13 A helpful analysis on extensions of non-conformities states, "Determination of what constitutes a change or substantial extension of a prior nonconformity requires a landowner that formerly enjoyed an exemption to a zoning by-law to obtain a special permit by a planning board is based on a three-part test: (1) whether the use reflects the nature and purpose of the use prevailing when the zoning by-law took effect; (2) whether there is a difference in the quality or character, as well as the degree, of use; and/or (3) whether the current use is different in kind in its effect on the neighborhood." Oakham Sarrd & Grave! Corp v. Town of Oakham, 54 Mass. App. Ct. 80, 763 N.E.2d 529 (2002) review denied, 437 Mass 1109, 774 N.E.2d 1099 (2002). "See generally, § 78-95, LDC, Buildings or structures or uses of land which are nonconforming shall not be extended or enlarged. Planning & Zoning Advisory Board Letter July 6, 2009 Page 9 reconstruct the pool fitness building in such a way that the overall site plan complies with the 35% maximum lot coverage limitation in the LDC. C. There has not been an adequate Concurrency Determination This development will have to meet the concurrency requirements found in Chapter 62, LDC because the available exemption from those requirements only applies to residential redevelopment that does not increase the square footage.~s In these circumstances, the demolition and reconstruction of this particular (larger) structure is not entitled to the residential exemption because this is an accessory use and the proposed Project seeks to increase the square footage of the Property; therefore, the concurrency requirements apply.16 On December 12, 2008, staff sent a memorandum to the Board explaining that the Applicant had submitted documents establishing the required level of service. However, we cannot locate any backup documentation verifying this conclusion in the public records.t~ For example, the memorandum identifies the need to provide 11 agency authorizations; however, as stated, we cannot locate any of those requested authorizations. The file does contain a memo from the Fire Chief and the Tequesta Utilities Department. However, neither of these departments is listed as required agency authorizations in the December 12, 2008 memorandum. D. The Project is not appropriate to the surroundings Section 22-82, LDC provides the Board the authority to require that all projects in the R-3 zoning district comply with Division 3, Chapter 22 and requires that all site development and building structures and alterations within the Village be appropriate to the surroundings. Section 22-81, LDC defines appropriate to the surroundings and applies to bringing new buildings "into an orderly relationship with landscape and nature, other buildings and open areas." In this instance, 15 Section 62-91, LDC defines concurrency as "the necessary public facilities and service to maintain the adopted level of service standards are available when the impacts of development occur. Section 62-95, LDC. allows an exemption from a concurrency determination relative to transportation, sanitary sewer, solid waste, potable water and recreation/open space. 16 See § 62-95, LDC. " The agencies that were identified in the memorandum as consulted, or thew existing permit authorizations verified, include: the Loxahatchee River District, the Palm Beach County Environmental Resource Management, the Florida Department of Health, the Palm Beach County Department of Engineering and Public Works, the Palm Beach County School District, the South Florida Water Management District, Florida Power and Light, the Florida Department of Transportation, the Florida Department of Environmental Protection, Comcast and Waste Management. Planning & Zoning Advisory Board Letter July 6, 2009 Page 10 the proposed Project as a two-story building should found to be "not appropriate" to the surroundings because it is not designed to provide an orderly relationship to the surrounding impacted buildings and exceeds the lot coverage thresholds mandated in the R-3 Zoning District. The Associations are not opposed to the renovation of the Tequesta Towers pool and fitness facility with a design that makes sense for all concerned. The Associations have undertaken great efforts to analyze all available information and the information submitted by the Applicant to the Village. Based on our review, we do not believe that the Board has enough information upon which to base a decision on the proposed Project. The Associations have met with the Applicant and are willing to continue discussions on finding a compromise for the design of the proposed Project that meets everyone's needs and complies with the LDC. The Associations are willing to support the possibility of a variance to facilitate a compromise design. We respectfully request that the Board deny, or in the alternative, defer this item for action until it has sufficient information upon which to base a decision. Again, we appreciate the willingness of the Board to listen to our issues, for any additional information regarding this application, please do not hesitate to call me. Sincerely, ,~ Erin L. Deady c. Keith Davis, Corbett & White Steve Okum James Hackett Michael Schmidt John Terzakis MEMORANDUM TO: Planning & Zoning Board Members Keith Davis, P.A., Corbett and White Law Office Lori McWilliams, Village Clerk FROM: Catherine A. Harding, Community Development Director Cc: Lori McWilliams, Village Clerk c DATE: August 18, 2009 SUB JECT: Tequesta Towers j'" Enclosed, please find the following for the August 20, 2009 Planning & Zoning Advisory Board Special Meeting: 1) Additional line of site views 2) Landscaping plan showing existing landscaping If you have any questions, please do not hesitate to contact us. CAH/mk Encls. . • ~. ~.` ~e ~v~ ~" ~°~~ :. ~ ~_~ ~~\~ LEWIS, LONGMAN & WALKER, P.A. A T T O R N E Y S A T L A W Reply to: West Palm Beach Via Facsimile (561) 842-3626 & Regular U.S. Mail August 17, 2009 Conrad Damon Ward & Damon 4420 Beacon Circle West Palm Beach, FL 33407 Re: Tequesta Towers Condominium Association Two Story Accessory Structure 400 Beach Road, Jupiter Island, FL Dear Mr. Damon: I am receipt of your August 12, 2009 letter requesting a meeting with myself and other representatives from the neighboring condominiums to review the Amended Application and updated Plans, including some of the depictions of the view impact as a result of the construction of the new pool cabana facility. While I, and I am sure our clients, appreciate the attempt at a meeting before the August 20, 2009 public hearing on this application, I believe this is not enough time for the neighboring communities to review the information your client has, and is still in the process of submitting to the Village of Tequesta ("the Village"). Only by reviewing the Amended Application, site plan, calculations (particularly with regard to height), and other supporting analysis (such as line of sight depictions and alternative roof designs), among other information, can the neighboring communities truly understand what the impact is to them and whether or not they can support your Amended Application. While we believe Tequesta Towers considers its request for such a meeting to be positive, the end result is that this does not facilitate effective outreach to those affected by this request. Factually, we have not been provided a copy of any of the information that was previously requested of your client by the Village including both existing "baseline" information about the site and information about the future of the site with the project. These requests were made of the Applicant on August 6, 2009 and April 2, 2009. Some of this information was specifically itemized in the August 6, 2009 letter from Catherine Harding to the Applicant. That information includes, but is not limited to, the following: Helping Shape Florida's Future BRADENTON 1001 Third Avenue West Suite 670 Bradenton, Florida 34205 p ~ 941-708-4040 f ~ 941-708-4024 JACKSONVILLE TALLAHASSEE 245 Riverside Avenue 2600 Centennial Place Suite 150 Suite 100 Jacksonville, Florida 32202 Tallahassee, Florida 32308 p ~ 904-353-6410 f ~ 904-353-7619 p ~ 850-222-5702 f ~ 850-224-9242 www.llw-law.com WEST PALM BEACH 1700 Palm Beach Lakes Blvd. Suite 1000 West Palm Beach, Florida 33401 p ~ 561-640-0820 f ~ 561-640-8202 1) Zoning Data Block on the cover sheet with existing and proposed data for: a. Lot coverage b. Rear and side yard setbacks c. Open space d. Height of structure from the highest roof line of all roof areas e. Impervious surface That request also includes the following "details": a. Elevation of grades on all corners of the existing and proposed structure b. Square footage of basement and all floors in the existing and proposed structure c. Exact measurement from basement ceiling to grade on all four elevations d. Landscaping details for proposed structure e. Show brick pavers method of installation on site plan f. Show all structures, walls, etc., to be demolished g. Show location of elevator and shaft on elevations h. Show exact height of elevator shaft from grade to mean elevation of roof. (If a waiver for height for the elevator shaft is required a letter requesting same must be submitted with this application). i. Show details of roof sections on plans j. Provide revised height of structures on all elevations from finished grade to mean height of the highest roof line k. Review and present other options for roof lines (see letter dated 4/2/09) 1. All drawings and elevations to be presented in the same scale. Show line of site on plan from the surrounding buildings, both with existing structure and highest roof line of proposed structure. (see letter dated 4/2/09). Also the correspondence stated that the existing structure is 10 feet from the side line and the proposed structure is required to have a 12 foot setback. The correspondence requested that the detail on the plans allow for additional 2-feet of setback over the existing basement at grade. It is my understanding that not all of this information has been submitted to the Village. Additionally, we do not believe this encompasses everything the Village has previously requested when this matter was heard in April. For example, from the April 2, 2009 letter, the Applicant was required to submit: 1. "A review and presentation of other options for the roofline; 2. depiction of the line of sight for the Project from all of the surrounding buildings together with the existing structure and the highest roofline of the proposed structure; 3. make sure all drawings and the elevations are depicted to the same scale; 4, identify the existing and proposed footprint and setbacks for the Project; and, 5. provide a color rendition and paint chips of the building and the roof" 2 5. provide a color rendition and paint chips of the building and the roof." This requested information was discussed in January and specifically requested of the Applicant in the April 2, 2009 correspondence from the Village. Pursuant to that April 2, 2009 request, the Applicant was asked to meet with neighboring landowners to discuss alternative design options. However, no meaningful collaboration has occurred. This is now the third time that this item has been requested to be placed onto the agenda without collaborating with the neighboring communities despite the numerous instructions of the Planning and Zoning Advisory Board. What I was provided after hours on August 12, 2009 by you was a copy of the Amended Major Site Plan Review Application & Checklist. None of the existing baseline or supporting information on the future condition of the site after the project is constructed has been provided to us. Your meeting request of August 12, 2009 would have provided me, and my clients, 5 working days. to review the complete submittal even if we had even been provided with a complete submittal. When we visited the Village on Friday August 14, 2009 we could not be provided with a copy of what the Applicant submitted, so we couldn't even begin to determine if the submittal was complete. We were only provided with a copy of the submittal today, leaving 3 days to review the information under the best circumstances and -meet with you about it. I believe that since these information requests have been pending since April 2, 2009, it is unreasonable to expect an effective meeting can occur before the August 20, 2009 public hearing. Amore effective approach would be to compile a complete application with existing and future condition information and submit it to the Village. This would provide me and the neighboring communities with a complete package to review well in advance of the Planning & Zoning Advisory Board public hearing. To have a meaningful dialogue, we need to see it, review it and determine if we have questions that can be answered by the Applicant, his representatives, the Village or yourself or any other necessary professional such as another architect, engineer or planner. To make broad statements that the project complies with the Village's Code and is "conforming" are premature at best. While your correspondence also depicts the neighboring communities' concerns as solely related to the impact on their view, and this is obviously an issue of concern, there is also a legitimate concern that this process complies with the law and is based on the required level of review, both pursuant to the Village's Code and Florida law. Only until we receive a complete application, all of the information requested by the Village, and a staff report analyzing the submittal can we make that determination. At this juncture we cannot determine if this meets all of the requirements of the Village's Code or not. In the spirit of cooperation, I am available to meet on Tuesday after 11 am. I offer my office as a central meeting place and have placed calls into my clients to determine their availability. Because of the late date of this request, it has been difficult to organize available 3 To be clear, even with this meeting, I do not believe that this allows enough time for our review of the completed application and all of the information requested by the Village. I would respectfully suggest that my clients would support moving this item off of the August 20, 2009 agenda and placing it on the next agenda. Even with moving the item to the next agenda, we would have to be supplied the complete submittal package, drawings, calculations, site plan and everything the Village has requested of the Applicant at a minimum. I believe that if Tequesta Towers were truly trying to be a "good neighbor" as you suggest in your letter, this would be the best course of action for both the applicant and the residents and result in saving the time of the Planning & Zoning Advisory Board as well. I believe that this is the best hope in reaching any compromise. Proceeding with the application on the August agenda is leaving the neighboring communities few options and little faith that Tequesta Towers truly wants to work with them. Please contact me so we can discuss how best to proceed. Si cerely, Erin L. Deady ELD/aa c: Catherine Harding, Community Development Director Keith Davis, Esq. Planning & Zoning Advisory Board 4 ISLAND HOUSE 304 ~~ t°f f y. ~ ~,, -::,, 1~~II r ' ~. ~: at . .. ,tea aFe~~e. _ -- - ~~ ~ ~ ,~~ ~r~;~.11 ~l ~~ ,~ w~. irs~s..• azs fr ~(~ ~j .o ~ ~, ,K„ ~ l _, ~. 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I 1 ~~ ,,~ :: .;: ,_ . _, ~~~ ~~~ ~~~~. y, ~ I a • ~ N•~; i ~ ~~ i~ - i ~ ~ t o ~ ~~g 'o ~, ~ ~ ~ r~ ~~ ~ i r ~ ~.'~~ ~~ '~ F Q c . y iro ~ lr p ~ ~ I~ ~ ~ - ~~ ~ ~ !~ ~ s~ ~ '~ 87~ S p ~p z 4 O' ~ I~ o~ ~~~~ Z~gm ~~ , C G rri~uv. ~ 113.38' Z ~ aa~ I * ~ o I -I,____, i Z ~ ~ '''_,,, , P ~ ~ '' -~~T 520.00' ~' C~~ ~' I ~y.~ gyA1.S I ~ •r~ ~~ o~ e~ `~ -~ LL~'~ --4 ~,_~,; I I 8 I~ ,~~ ~~ ~~~ ~~ ~,~ ~~~ ,~.-~ "° .~~ Noy s ,°Nn~s:~ so°~ ~N1o~\ 9,~ ~~Ol 0 -{~ ~~ ~~ ~I~~ N.y~~o ~' / !1 ^~ =+ Z W s 8~g i y~9 i •eg i s t~l~ ~ I' i ~ a I ~ I ~ I "_ B I ~S x i a ~ ga ~ ~`" ~~ HORTA f m w ~ ~ ~ ~ ~ ~ I~kE~ P`OdL/ FIT'I+~ESS BLtILDIN~ ~ ~ ~ ~ .> c FoR TEQUESTA TOWERS CONDOIVIINIUM ~ ~ ~ ~ ~ ~. ~ ~ 404 BEAGH GOAD, TEQUESTA P ~ m FLQRIDA 7 ~