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Home My WebLink AboutDocumentation_Regular_Tab 12_06/09/2011 � , � VILLAGE OF TEQUESTA � AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: N/A June 9, 2011 Consent Agenda: No Resolution #: N/A Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) VARIANCE CASE # VAR 01-11. Application of the Good Shepherd Episcopal Church, 400 Seabrook Road, Tequesta, FL 33469, for a Variance from Code Section 78-705 (28) (b) Required number of parking spaces. The Applicant proposes to construct a 1,997 square foot addition to the existing school, which includes two (2) resource rooms and two (2) offices. Per Code, the proposed addition also requires the provision of an additional 8 parking spaces. The Applicant is seeking a variance so that it does not have to provide the required additional parking. 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) The applicant proposes to construct a 1,997 square foot addition to the existing school, which includes two (2) resource rooms and two (2) offices. Per Village's Code Section 78-705 (28) (b) Required number of parking spaces, the proposed addition also requires the provision of an additional eight (8) parking spaces. The applicant is seekin a variance so that it does not have to rovide the re uired additional arkin . 5. APPROVALS: , � Dept. Head: ��'�� L� �.-�� Finance Director: ❑ Reviewed for Financial �� '�} ` ;.�r� ,.-�;� ufficiency �� No Financial Impact �� Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: �— • SUBMIT FOR COUNCIL DISCUSSION: � � • APPROVE ITEM: ❑ • DENY ITEM: � VILLAGE OF TEQUESTA �- ':� DEPARTMENT OF COMMUNITY DEVELOPMENT Staff Report — Village Council Meeting —06.9.11 1. PETITION DESCRIPTION APPLICANT: James M. Stergas, AIA Stergas & Associates, AIA 1940 Riverside Drive Tequesta, FL 33469 Owner: Good Shepherd Episcopal Church and School 402 Seabrook Road Tequesta, FL 33469 REQUEST: The applicant is requesting a Variance from the Village's Code Section 78-705 (28) (b) Required number of parking spaces. 2. LAND USE AND ZONING EXISTING LAND USE FUTURE LAND USE ZONING SUBJECT Residential Low Density Residential Low Density R-1 Single Family Dwelling PROPERTY North Residential Low Density Residential Low Density R-15ingle Family Dwelling South Commercial Commercial G1 Commercial Public Buildings and Public Buildings and Grounds Grounds East Residential Low Density Residential Low Density R-15ingle Family Dwelling Public Buildings and Public Buildings and C-1 Commercial Grounds Grounds West Recreation and Open Recreation and Open C-1 Commercial Space Space R-OP Recreation and Open Commercial Commercial Space 3. BACKGROUND The applicant proposes to construct a 1,997 square foot addition to the existing school which includes two (2) resource rooms and two (2) offices. Per Village's Code Section 78-705 (28) (b) Required number of parking spaces, the proposed addition requires the provision of an additional eight (8) parking spaces. The applicant is seeking a variance so that it does not have to provide the 1 Department of Community Development - Staff Report — Variance Application — Good Shepherd Episcopal Church and School required additional parking. In this case, the code requires three (3) spaces per each administrative office (2 offices x 3 spaces= 6 spaces); and 1(one) space per room used for class instruction (2 resource rooms x 1 space= 2 spaces). Total required parking is eight (8) parking spaces. 4. STAFF ANALYSIS Section 78-65 (a) (2) of the Village Code authorizes upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the Village Council that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Good Shepherd Episcopal Church has previously required Variances from the Village's Code Section 78-705 Required number of parking spaces: 1. Initial Development Approval to allow a Church affiliated elementarv school in 1996: a variance was granted to provide 79 parking spaces for all Church uses in lieu of providing 131 spaces as required by the Village Code. In case of mixed uses, the total requirement of off- street parking shall be the sum of the requirements of the various uses computed separately. 2. Church Sanctuarv Expansion in 2002: a variance was granted to provide 35 parking spaces in lieu of providing 233 spaces that would be required for a 7,000 square foot expansion of the sanctuary. b. The special conditions and circumstance do not result from the actions of the applicant. The Church and school (K-5` grade) were approved as a special exception within the R-1 Single- Family Residential District of the Village in 1996. The Church and school were not able to meet parking Code requirements since its initial approval. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Granting this variance will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Any other property owner could apply for a variance of the Village code. d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. The applicant proposes to construct a 1,997 square foot addition to the existing school which includes two (2) resource rooms and two (2) offices. The applicant states that the addition will 2 Department of Community Development - Staff Report—Variance Application — Good Shepherd Episcopal Church and School not add more personnel to the existing school. According to the applicant, the intent of the addition is to better accommodate uses that are currently shared by the school personnel. Per Village's Code Section 78-705 (28) (b) and (32) the proposed addition requires the provision of an additional eight (8) parking spaces. The Village code requires to calculate parking spaces based on the sum of the requirements of the various uses computed separately. In this case, the code requires three (3) spaces per each administrative office (2 offices x 3 spaces= 6 spaces); and 1(one) space per room used for class instruction (2 resource rooms x 1 space= 2 spaces). Total required parking is eight (8) parking spaces. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. The requested variance is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Good Shepherd Episcopal Church has been part of the Village since 1963 and the existing school was built in 1997. Shortage of parking space has been critical throughout the Church continuous expansion up to this point. Notice of this variance application was mailed to all property owners 300-foot radius to communicate the applicant intent, and most importantly to have the opportunity to express their concerns, if any, about this petition. 5. FINAL REMARKS This variance application met the requirements set on Section 78-63 notice of hearing. The notice of hearing was advertised in the Jupiter Courier on 05.01.11; and, it was also mailed to all property owners located within a 300-foot radius of the property for which a variance is requested. Per Code Section 78-68, if no time limit is specified by the Village Council, the variance shall expire within six months for the date of grant, unless a building permit based upon and incorporating the variance is issued within the six month period and construction has begun thereunder. This report was prepared by Nilsa Zacarias, AICP, and; approved by ChiefJames M. Weinand � �—`"- V Date �� n�'� 3 Department of Community Development - Staff Report — Variance Application — Good Shepherd Episcopal Church and School � .�. ,_ �,. , � , �� : =� a � �� , � °, � � + �i� : -y � � , " '°`�, � ,� � *n �. � �� t x<... ws �`�'��,��'�'��.�� ».. s v:,e y. �ts� �a�� «a"+nc. �,�ey� , � � „�. _ � � ��' � � - - " �� µ � �`�� .� § 4 . =�e�rr� � , . d* �� ` . � . ?�� °y ` r^ , � � nv . i ' K .��," � �y II t . 1 ' °� r� � � �' � 1 ,„�'�, � � � ` x � ° � y '��' �" ` EXISTING CONDITIONS OF GOOD „ ��;_ � �"��^� � � SHEPHERD EPISCOPAL CHURCH AND SCHOOL PARKING AREA � ��,�� `�� °��. .�,*' �`��,�:,.`� � � , �3 � �� :� �� . �_.. - , ,� � ":=4 ,�; � t ��, � � � �y� � �1 � - .<. rs : � �„-�� +k.�� ,`� �� ,�_ ; � �� . .v. . ;. . .. . , . � , �e� x r :� t � , �� r tify. h�_ - s. � � � �� .a _ ,. . -� . � , ; �, � � � � �:i � � �� '�� : , . , k � , : �..,...._r ... ... „�'k'f b'rv '. . . . . _.:.. � . ... . .,..: .�. . . ...... . . a � — � ,>-' � � � . .. � ... . . . �� . �.e& . st • _'" • + ; ";.., x,�.,. , �. _ ` r A'}y� �_ _ v.° � _ �.._ �?"��, s.`ry��'';`a'�... �"`�4,.•r� v..,,�,' `� 4 Department of Community Development - Staff Report — Variance Application — Good Shepherd Episcopal Church and School • { • - .. � . . / V�LAGE OF TEQUES°TA , � � DEPARTMENT OF COIV�VIUNITY DEVELOPMENT � � � . 345 Tequesta Drive � Tequesta, FL 33469 � o . (561) 768-0450 Fa.z: (561) 768-0698 �3 - � s � �y �� APPLICATION �OR VARIANCE �: �t�� ,, � : �� NAMEOFAPPLICAl��' GOOD SHEPHERD EPISCOPAL CHURCH & scxooL DATE 4/7/2011 (revised) � NiAII,ING ADDRESS :402 , SEABROOK ROAD, TEQUESTA, FL 33469 PHQ� __.756-5507 . .. PARCEL ADDRESS 402 SEABROOK ROAD, TEQUESTA, FL LOT 25 B��CK: 40 SUBDIVISION 42 PCN 60-42-40-25-00-000-5110 NATURE OF VARIANCE Village of Tequesta Code o£ Ordinances Section 78-705 subsection (28) (b) , and subsection (32), requires additional parking for our proposed Elementary 8chool Resource Room &� � Offices addition; and we are requesting a variance from the literal application of these code sections. JUS7'IF'ICATION OF VARIANCE: Please address the siz criteria of the Zoning Code; Ref: Ar� III, Sec. 78-65(2)A-F. If yonr variance reqnest is related to the public waters of the State of Florida, comprising the Loxahatchee River and the Intracoastal Waterway including creeks, canals or tributaries therewith, you must aiso address the ten criteria � listed in the attached Zonin Code; Ref: Att. IIIII, Sec. 78-837 , 1 10 . SEE ATTACHED ' FEE: Si,000.00 - � NOTE: APPLICANT SHALL INCLUDE THE FOLLOWING INTEMS WITH TffiS APPLICATION: 1) Current sealed survey of properly showing all structures and setbacks. � 2) Drawings to scale of proposed improvements. � . 3) Written approval from pzoperty owner, if other than applicant. 4) Any other"documentation pertinent to this application. . ' 5) Copies of aIl submittals as follows: - Board of Adjuslment Variance Request: 15 copies � � Village Council Variance Request:�23 copies � 6) Application Fee of , ;A) Single Family: $ 3UU:U0 B) Duplex: SUO.UO �) :.1Vlultiple Family: 750.40 • D) Commercial: 10U0.00 � SIGNATI,�RE OF APPLICANT: DATE: C3 L� p �( . � . � , GOOD SHEPHERD EPISCOPAL SCHOOL AND CHURCH PARKING VARIANCE REQUEST May 24, 2011(revised) 1J That the special conditions and circumstances exist which are peculiar to the land. Good Shepherd Episcopal School and Church has required variances to the literal application of the Village Code of Ordinances, Section 78-705 Subsections (28) (b) and (32) since the inception and initial approval of the School by the Village in 1996 due to special conditions. Further, Good Shepherd is the only mixed-use site in the Village containing a Church function and an Elementary School function; and thus is the only property of its mixed-use type that requires accumulative parking for Church and School. .. 2) The special conditions and circumstances do not result from the actions of the applicant. Good Shepherd had no say relative to the requirements of Section 78-705 Subsections (28) (b) and (32) of the Village Code, and this project cannot meet the literal interpretation of these code sections. Further this code does not address non-concurrent use of parking on the same property, and thus literal interpretation of this section of the code will require redundant/over parking (see attached Traffic Summary addressing analysis for non-concurrent parking). 3) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. As this is the only property in the Village with a Church and School mixed-use functions, as well as the only R-1 zoned property with Church and School mixed use, granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Page 1 of 3 4) Literal interpretation of the provisions of this chapter. Good Shepherd has required variances to the literal interpretation of the Village Code of Ordinances, Section 78-705 Subsections (28) (b) and (32) since the inception of the School. And as the two major uses on the site, the Church and the School, are non-concurrent uses, applying the literal interpretation of the code which requires calculation of parking for each use on a accumulative basis, versus allowing non-concurrent use of parking count, creates an undue and unnecessary hardship on the School as well as the Church. It likewise creates a waste of natural resources and unnecessary additional impact on the local ecology. 5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Granting the requested variance is the minimum that will achieve proper parking requirements for the unique use conditions of this site. 6) The grant of the variance will be in harmony with the general intent and purpose of this chapter - and such variance will nof be injurious to the area invol�ed or otherwise detrimental to .the - public welfare. Since its inception in 1963, Good Shepherd Church, and added School component in 1997, have been a positive influence on the community. And with the Good Shepherd's proximity to the Central Business District and residential areas, it provides a transitional element, or buffer. Likewise, the school was approved, under this Chapter, on this site with the expectation that the Village and the school would be allowed to grow in parallel; much as the Village Municipal Facilities have expanded with the growth of the village. Currently the School's student population is around 40% village residents. Thus the proposed school expansion program is not inconsistent with what was anticipated when originally approved on this site. Additionally, to effectuate efficient student pick-up in the afternoons, Good Shepherd School has staggered release times, which includes a recent reinitiation of tiered elementary school pickup. The pickup times are: Early Learning dismissal at 11:30, Pre-School dismissal at 2:10, and the tiered Elementary School dismissal with 1 tier at 2:55 and 2" tier at 3:05. Further, should enrollment increase above 150 students, a 3` tier dismissal of 3:15 will be implemented. Also, Good Shepherd School is going to upgrade (fill in missing shrubs) the existing hedge along the south property line as part of this variance approval. Page 2 of 3 { Upon approval of the variance allowing for non-concurrent parking calculation of the School and Church functions, the 1-story, 1,997 square foot addition will be able to be built with the minimum use of natural resources and impact on the ecology. To enforce the strict interpretation of the parking code would in fact be what would cause a negative impact on the area, as literal interpretation would require installation of unused and/or underused parking for the school with its resultant negative impact on the environment and ecology. END Page 3 of 3 � Kimley-Horn � and Associates, Inc. •��e zoo Aprl I 11, 2011 1920 Wekiva Way West Palm Beach, Florida James M. Stergas, AIA, LEEDO AP 33a„ Stergas & Associates, AIA 19540 Riverside Drive Tequesta, Florida 33469 Re: Good Shepherd Episcopal Church and School Site Plan Modification — Traffic and Parking Summary Tequesta, Florida KHA # 144071001 Dear Mr. Stergas: Kimley-Horn and Associates, Inc. has prepared the following statement to address traffic and parking requirements for the proposed site plan modification at the existing Good Shepherd Episcopal Church and School. The site is located on the east side of Seabrook Road north of Tequesta Drive in Tequesta, Florida. Background Currently, the site includes the following: Church: 12,500 s.f. sanctuary 5,200 s.f. offices 4,700 s.f. parish hall Thrift Shop: 2,600 s.f. retail store School: 13,622 s.f. school 1,140 s.f. covered area It is proposed to remove the 1,140 s.f. covered area that is connected to the school building and replace it with a 1,997 s.f. building addition. The building will house two resource rooms and two offices. Section 78-705 of the Village of Tequesta Code provides the parking requirements for uses within the Village. Following are the requirements outlined in the code for the uses on this site: Church/House of worship: 1 space per 4 seats, or 1 space per 30 square feet of auditorium area, whichever is greater. Retail sales and service: 1 space per 250 square feet of area which is devoted to sales, display and customer service. ■ TEL 561 845 0665 FAX 561 863 8175 C � � Kimley-Horn � and Associates �C1C. James M. Stergas, AIA, LEEDO AP, April 11, 2011, Page 2 Auditorium, stadium, assembly hall, cultural and civic center, gymnasium, theater, community recreation center: One space per four fixed seats in largest assembly room or area, or for each 40 square feet of floor area available for the accommodation of movable seats in the largest assembly room, or one space per 150 square feet of gross floor area, whichever is applicable to the facility. Schools, Elementary and junior high: Three spaces per room used for administrative offices, plus one space per room used for class instruction, plus one space for each six seats in the auditorium and other places of assembly or facilities available to the public. Parking Calculations Previously, a variance was granted to allow the sanctuary to be parked at a lesser rate than the maximum rate (1 space per 30 square feet of auditorium area) that would have normally been required by code. Based upon the variance granted, the parking supply designated for the church use is 78 parking spaces. Based upon the code requirements for office use, it was previously determined that the church offices would require 16 parking spaces. Similarly, previous calculations performed for the parish hall (place of assembly) and the thrift store (retail use) indicated that these uses would require a supply of 19 and 7 parking spaces, respectively. The school has an approval for 169 students and includes 7 classrooms and 2 resource rooms for grades 1 through 5, a day care facility with 6 teachers/staff members, 1 office and a media center. Based upon this current allocation of uses, the school has a current parking requirement of 17 parking spaces. Based upon the code, the addition of two resource rooms (classrooms) and two offices, the school parking requirement will increase by 8 spaces to 25 spaces. Therefore, on a cumulative basis, the parking requirements for the site would be: 78 spaces (church, based upon variance) + 16 spaces (church office) + 19 spaces (parish hall) + 7 spaces (thrift store) + 25 spaces (school) 145 parking spaces Currently, the site includes a total supply of 83 parking spaces, which is less than the cumulative site parking requirement. However, it is important to note that the church and school components of the site, which comprise the bulk of the site parking requirements, operate on non-concurrent schedules. Typically, the thrift store use and school use are open during weekdays, representing a total of 32 required parking . , G � � Kimley-Horn � and Associates �t1C. James M. Stergas, AIA, LEEDOAP, April 11, 2011, Page 3 spaces. During this time, only the church offices will typically be in use. However, on occasion, the parish hall might also be used on a weekday; therefore, a conservative analysis was performed assuming 100% use of the parish hall on a weekday during school and thrift store hours. Conversely, on Sundays, the church sanctuary will be in use for worship services; however, during the same time that worship services are occurring, the church offices and parish hall will not be in use. Instead, those facilities may be in use before or after worship services. Additionally, the thrift store and school uses will not be in operation on Sundays. Table 1 summarizes a comparison of the parking requirements based upon actual site usage during weekday and Sunday conditions. Table 1 Summa of Parkin Utilization - Weekda and Sunda Conditions Use Parking Weekday Sunday Supply Allocated Per Use Church 78 0% 0 100% 78 Church 16 100% 16 0% 0 Office Parish 19 100% 19 0% 0 Hall Thrift 7 100% 7 0% 0 Store School 25 100% 25 0% 0 Total 67 78 Therefore, as shown in Table 1, the parking supply is expected to adequately accommodate the site requirements because of the non- concurrent nature of uses on site. Traffic Generation The Palm Beach County Traffic Division publishes trip generation rates to calculate the anticipated traffic volumes generated by different types of land use. For school uses, the trip generation rates are calculated based upon the number of students at the school facility. In this case, the approved school enrollment is not proposed to be changed; instead, the proposed replacement of the 1,140 square foot covered area with a 1,997 square foot permanent addition will serve the currently-approved enrollment of the school. Therefore, based upon the County standards, because the school enrollment is not proposed to change, the anticipated volume of trips generated by this facility is not expected to change. G � � Kimley-Horn � and Associates �IIC. James M. Stergas, AIA, LEEDOAP, April 11, 2011, Page 4 Summary Based upon the information contained herein, the proposed site plan modification is not anticipated to create any new traffic impacts. Furthermore, the parking supply provided is anticipated to adequately accommodate the parking requirements for the site. Should you have any questions, please contact me via phone at (561) 845-0665 or via e- mail at chris.heg„aen�kimley-horn.com. Sincerely, _ ,�;��,�II,l1AL,�Y-HOE�N AND ASSOCIATES, INC. __' �.. � `' w .. . f � ' .:� ,�•� � �'� - r � ,. � . � �_ ,,g , • C;�r��topl1�r V"J: F!eggen, P.E. % �%- °. rai��porc�tion Engineer � , Flonda R�c�istration ` �Jum�e� 5�63ri �ertificate �f Authorization Nurnber 696 /cwh K:IWPB TPT0114401144071001 - Good Shepherd Episcopallreport1041111js-goodshep.doc Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.