HomeMy WebLinkAboutOrders_Special Exceptions_05/12/2011_GMH FILED: Village of Tequesta
Date: x - 7 -11
ORDER OF THE VILLAGE COUNCIL Time:
VILLAGE OF TEQUESTA
REQUEST FOR SPECIAL EXCEPTION
CASE NO.: SE -02 -11
IN RE: GMH Tequesta Holdings, LLC, Owner
DeRose Design Consultants, Inc., Applicant
PROPERTY LOCATION:
217 Village Boulevard, Tequesta, FL 33469
LEGAL DESCRIPTION:
ALS PLAT OF VILLAGE OF TEQUESTA PT OF TR A LYG W OF & ADJ TO
PAR 1, TRS K THRU M & NOT LABELED AREAS A/K/A PAR 2
PARCEL CONTROL NUMBERS:
60- 43- 40- 30 -46- 002 -0000
SPECIAL EXCEPTION REQUESTED:
Rehabilitation Facility use in the MU Mixed Use Zoning District in accordance with
Sec. 78 -180 of the Village Code of Ordinances.
ORDER APPROVING APPLICATION
This cause came on to be heard upon the above application and the Tequesta Village
Council having considered the evidence presented by the applicant and other interested persons at a
hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly
advised,
THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS:
1. The subject property is located in the MU Mixed Use Zoning District in the Village
of Tequesta.
2. The applicant has submitted all documents required by the Village's Code of
Ordinances for special exception review.
3. The application, the staff report and all other supporting documentation and
presentation materials as reviewed by the Village Council at its May 12, 2011
meeting, and as kept on file by the Village, are made a part hereof and are hereby
incorporated by reference.
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4. According to Section 78 -180 of the Village Code of Ordinances, a Rehabilitation
Facility is permitted as a special exception in the MU Mixed Use Zoning District
upon approval by the Village Council.
5. The applicants have applied for a special exception to allow a Rehabilitation Facility
use on the subject property.
6. Under the provisions of the Village Code of Ordinances, the Village Council has the
right, power and authority to act upon the request herein made.
IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE
COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS:
The application for Special Exception, Case No. 5E -02 -11 with reference to the above
described property within the Village of Tequesta, Palm Beach County, Florida, to permit the
following:
Rehabilitation Facility use, in accordance with the special exception
application attached hereto as Exhibit "A"
is hereby APPROVED since the Village Council hereby finds that the applicants have met the
standards set forth in Sections 78 -362, 78 -363 and 78- 180(i)(16) of the Tequesta Zoning Code for
rehabilitation facility special exception approval. The following waivers and conditions of approval are
imposed by the Village Council for this application:
1. The applicant shall be permitted to utilize the existing fence located on the Village's
water plant property adjacent to the north side of the subject property to comply with
the requirements of Sec. 78 -180 (i)(16)h. The applicant shall not be required to
place landscaping on the north side of said fence; however, the Applicant shall
install and maintain landscaping on the south side of said fence in a quantity that
results in a minimum of two times the landscaping that would be required to meet
the intent of the Village's codes. Said landscaping shall be installed and maintained
such that a five foot (5') fence maintenance access way is maintained adjacent to the
fence. The applicant shall work with the Village's landscaping consultant in order to
accomplish this waiver /approval condition and the proposed landscaping shall meet
with the approval of the Village's landscaping consultant in terms of quality,
quantity and location.
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2. The applicant shall be permitted to utilize all existing fencing material surrounding
the subject property, despite the fact that the fence height in some locations is
between five feet (5') and six feet (6') tall. The applicant shall provide sufficient
landscaping to conceal the fence. The applicant shall work with the Village's
landscaping consultant in order to accomplish this waiver /approval condition and the
proposed landscaping shall meet with the approval of the Village's landscaping
consultant in terms of quality, quantity and location.
3. The applicant shall be permitted to use the existing monument sign for the
rehabilitation facility use, and shall further be permitted to place code compliant
copy material on both sides of said monument sign.
4. It is understood that the applicant is working with Palm Beach County regarding
landscaping and landscape maintenance along Old Dixie Highway. In the event that
the applicant fails to secure county approval for said landscaping and landscape
maintenance, then the applicant shall be solely responsible to install and maintain
additional landscaping on their property adjacent to Old Dixie Highway without
county assistance; such maintenance shall NOT be the responsibility of the Village
of Tequesta. The applicant shall work with the Village's landscaping consultant in
order to accomplish this waiver /approval condition and the proposed landscaping
shall meet with the approval of the Village's landscaping consultant in terms of
quality, quantity and location.
5. The applicant shall not be permitted to sublease any space whatsoever on the
rehabilitation facility site.
6. The applicant has agreed to each and every one of the aforesaid waivers /conditions
of approval during the special exception public hearing.
* The term applicant(s) as used herein shall include all successors and assigns.
* The applicant's special exception approval shall expire in twelve (12) months unless a building
permit has been obtained, preliminary site plan or plat approval has occurred, or other
significant action to satisfy the requirements of this approval have occurred in accordance with
Sec. 78 -367.
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DONE AND ORDERED THIS / ot- DAY OF MAY, 2011.
MAYOR TOM PATERNO,
VILLAGE OF TEQUESTA
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LORI McWILLIAMS, MMC
VILLAGE CLERK
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