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HomeMy WebLinkAboutOrders_Special Exceptions_06/09/2011_Good Shepherd ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SE -01 -11 FILED: Vi llage of Tequesta Data: 4,/ /& // IN RE: Good Shepherd Episcopal Church & School, Owner /Applicantr _ 14; X a. y PROPERTY LOCATION: 400 Seabrook Road, Tequesta, FL 33469 LEGAL DESCRIPTION: 25- 40 -42, E 620 FT OF S 275 FT(LESS S 15 FT RD R/W) OF NE 1/4 OF SE 1 /, PARCEL CONTROL NUMBER: 60- 42- 40- 25 -00- 000 -5110 SPECIAL EXCEPTION REQUESTED: Modification of a previously approved special exception to allow the construction of a 1,997 s.f. single story addition onto the existing school in the R -1 Single Family Dwelling Zoning District in accordance with Sec. 78 -173 and Sec. 78 -362 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 R -1 Single Family Dwelling 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 June 9, 2011 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Section 78 -173 of the Village Code of Ordinances, churches with Page 1 accessory schools are permitted as a special exception in the R -1 Single Family Dwelling Zoning District upon approval by the Village Council. According to Section 78 -362 of the Village Code of Ordinances, modification of an existing special exception is allowed only upon a finding that the Village's special exception criteria have been met. 5. The applicant is requesting modification of a previously approved special exception to allow the construction of a 1,997 s.£ single story addition onto the existing school. 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 -01 -11 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to permit the following: Modification of a previously approved special exception to allow the construction of a 1,997 s.f. single story addition onto the existing school, 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 and 78 -363 of the Tequesta Zoning Code for special exception approval. The following conditions of approval are imposed by the Village Council for this application: 1. In the event that the applicant's student enrollment reaches 169 students, the applicant shall immediately implement a three (3) tiered system for student pick -up. 2. The applicant shall enhance the hedge line on the south property line so that it is code compliant; the applicant shall also install, operate and maintain an irrigation system for said hedges so that they receive sufficient watering. 3. The applicant shall provide the Village with its student enrollment and faculty numbers on an annual basis. This shall be coordinated with the Community Development Department and the Village Clerk's Office. 4. The applicant has agreed to each and every one of the aforesaid conditions of Page 2 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. DONE AND ORDERED THIS DAY OF JUNE, 2011. MAYOR TOM P TERNO, VILLAGE OF QUESTA 6 o LORI McWILLIAMS, m 1�I1V�� m VILLAGE CLERK : No 0,9 o0 0 FLOR��`'�,. Page 3 ATTORNEYS AT LAW 11 I 1 Hypoluzo Road, Suite 207 oral �� 33/t6,2 JOHN CORBETT TELEPHONE (561) 586-7116 TRELA J. WHITE TELECOPIER (561) 586 -9611 BRADLEY W. BIGGS•^ KEITH W. DAVIS* R. MAX LOHMAN ABIGAIL FORRESTER JORANDBY " Board Certified in City, County and Local Government Law JENNIFER GARDNER ASHTON ^ State Certified County and Circuit Court Mediator MEMORANDUM TO: Mayor Paterno, Vice Mayor Arena and Council members Brennan, Humpage & Turnquest; Village Manager Couzzo FROM: Keith W. Davis, Esq. DATE: June 6, 2011 RE: Special Exception Use; Process and Legal Issues Good Shepherd Episcopal Church has applied for a Special Exception Use, which application will be heard by the Village Council on June 9, 2011. This Memorandum will briefly outline the special exception process as well as the legal issues relevant to that process. Special exceptions are uses which although are allowed to exist and operate, have unique characteristics and require case -by -case analysis of their impacts on neighboring areas and Village infrastructure. Sec. 78 -361. In order for the Good Shepherd special exception use to exist and operate, the Village Council must find that the proposed use complies with the seven (7) requirements of Sec. 78- 362. In addition, the Village Council must find that the proposed special exception use has made adequate provision for the twelve (12) factors set forth in Sec. 78 -363. The Staff Report prepared by the Community Development Department discusses these requirements and factors in more detail. Special exception applications are heard by the Village Council at a quasi judicial public hearing. It is the burden of the applicant to establish, through the presentation of competent, I �e,m 1 3 1 substantial evidence, that they have met each of the above referenced seven (7) requirements and sufficiently provided for each of the above referenced twelve (12) factors. Competent, substantial evidence can be in the form of sworn testimony, the development application as required by Sec. 78 -368, or other documents and materials presented to the Village Council at the public hearing. Once the applicant has provided competent, substantial evidence that the proposed special exception use complies with the above referenced criteria (7 requirements and 12 factors), the burden shifts to the Village to establish that the criteria have not been met and that granting the special exception would be adverse to the public interest in order to properly deny the request. The Village is likewise required to provide competent, substantial evidence at the public hearing in order to meet this burden. Such evidence can come from sworn testimony or other documents and materials presented to the Village Council at the public hearing. Redner v. City Council of City of Tampa, 827 So.2d 1056 (Fla. 2 nd DCA 2002). Competent substantial evidence has been defined by the Florida Supreme Court as evidence that is sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. DeGroot v. Sheffield, 95 So.2d 912, 916 (Fla. 1957). In simple terms, competent, substantial evidence amounts to any valid reason supported by the record. Orange County v. Butler, 877 So.2d 810, 813 (Fla. 5th DCA 2004). Based on the competent, substantial evidence presented at the public hearing, the Village Council may grant the request, deny the request or grant the request with the imposition of special conditions designed to protect the surrounding property and neighborhood or the overall public health, safety and welfare of the Village. Sec. 78 -364. In the event that the request is denied, the Village Council must state the reasons for the denial by way of explaining which requirement(s) or factor(s) have not been met. Sec. 78 -365. A failure to make such findings is considered a departure from the essential requirements of law. Redner v City Council of City of Tampa, 827 So.2d 1056 (Fla. 2 nd DCA 2002). Following a denial, the applicant is foreclosed from re- applying for twelve (12) months from the date of such action. Sec. 78 -366. 2 VILLAGE OF TEQUESTA 1 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 I Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the S UBJEC T line of your staff report) CASE # SE 01 -11 Application of the Good Shepherd Episcopal Church, 400 Seabrook Road, Tequesta, FL 33469, for a Special Exception per Code Section 78 -173. R -1 Single — Family Dwelling District (d) Special Exception Uses. The Applicant is requesting modification of a previously approved special exception by constructing a 1,997 square foot addition to the existing school, which includes two (2) resource rooms, two (2) offices, a storage room, a rest room, and mechanical rooms. The application includes a proposed landscape plan. 3. BUD GET / 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. EXE CUTIVE SUMMARY OF M ISSUES: (This is a snap shot description of the age item) The Applicant is requesting a modification of a previously approved special exception by constructing a 1,997 square foot addition to the existing school, which includes two (2) resource rooms, two (2) offices, a storage room, a rest room, and mechanical rooms. The application includes a proposed landscape plan. 5. APPROVALS: Dept. Head: � Y 1 ) (VU ��` Finance Director: ❑ Reviewed for Financial /Y"1Gc Sufficiency i *lt No Financial Impact 1 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 Special Exception Use to allow a modification of a previously approved Special Exception in R -1 Single Family Dwelling district. 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 -1 Single Family Dwelling South Commercial Commercial C -1 Commercial Public Buildings and Public Buildings and Grounds Grounds East Residential Low Density Residential Low Density R -1 Single 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 1 Department of Community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School 3. BACKGROUND The Applicant is requesting a modification of a previously approved special exception by constructing a 1,997 square foot addition to the existing school which includes two (2) resource rooms, two (2) offices, a storage room, a rest room, and mechanical rooms. The application includes a proposed landscape plan. The existing elementary school (K -5 grade) located at the Good Shepherd Episcopal Church site was approved as a Special Exception Use in 1996. As part of the 1997 Development Agreement, Good Shepherd Episcopal Church agreed to construct an eight foot high masonry wall on the East side of proposed new school building. The intent was to screen the landscaped courtyard, while also minimizing any noise that might affect the adjacent properties. As presented in the attached photos, the masonry wall is part of the existing conditions of the site. Also, the photos indicate current location of playground area, and proximity to residential neighborhood and commercial development. The current school capacity approved by the State of Florida is 169 students. The following table presents total students enrolled in the last five years: 2005/06 2006/07 2007/08 2008/09 2009/10 2010/11 Total Students 138 136 148 142 133 123 Enrolled 4. STAFF ANALYSIS Section 78 -361 of the Village Code states that certain uses because their unique characteristics can not be classified or regulated in a particular zoning district without consideration in each case of the impact of such uses upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are treated as special exceptions, and the application needs to comply with a set of criteria and standards. CRITERIA FOR GRANTING SPECIAL EXCEPTION Per Section 78 -362 of the Village Code, Special Exception Use shall be permitted only upon authorization of the Village Council provided that such uses comply with the following requirements: I. The proposed use is a permitted special exception use. In compliance with Section 78 -173 (d) Special Exception Uses permitted in the R -1 Single - Family Dwelling district. 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. In compliance The proposed use is compatible with the character of the previously approved special exception use. To further provide a safe environment at dismissal time, the elementary school recently implemented (5.19.11) a "tiered" dismissal schedule with 1 St tier release at 2:55 pm and 2'"' tier release at 3:05 pm. This strategy has improved the negative stacking situation at dismissal time (see attached pictures). 2 Department of Community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School 3. The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. In compliance The proposed use will not cause injury to the value of other property in the neighborhood where the subject property is located. The school was build in 1997, and this is an addition to an existing structure. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. The proposed use is compatible with adjoining development and the character of the district. Further considerations should be done regarding screening toward adjacent properties. 5. Adequate landscaping and screening is provided as required in this chapter. As part of the 1997 Development Agreement, Good Shepherd Episcopal Church agreed to construct an eight foot high masonry wall on the East side of proposed new school building. The intent was to screen the landscaped courtyard, while also minimizing any noise that might affect the adjacent properties. As presented in the attached photos, the masonry wall is part of the existing condition of the site. Also, the photos indicate current location of playground area, and existing landscaping. Proposed landscape plan meets Code standards. Further considerations should be done regarding screening toward adjacent properties. Also, the applicant is proposing to upgrade and improve the existing hedge located on the south property line (see existing condition pictures). 6. Adequate off -street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. 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; and 1(one) space per room used for class instruction. The applicant is requesting a Variance from the Village's Code Section 78 -705 (28) (bl Required number of parking spaces. To further provide a safe environment, the elementary school recently implemented (5.19.11) a "tiered" dismissal schedule with 1 tier release at 2:55 pm and 2 "d tier release at 3:05 pm. This strategy has improved the negative stacking situation at elementary school dismissal time (see attached pictures). Additionally, the school has staggered releases times as follows: Early Learning dismissal at 11:30 am Pre - School dismissal at 2:10 pm 7. The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned developments. The applicant is requesting a Variance from the Village's Code Section 78 -705 (28) (b) Required number of Parking spaces. 3 Department of Community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School FINDINGS REQUIRED FOR APPROVAL Per Section 78 -363 of Village Code, before any special exception is granted, the Village Council shall apply the standards set forth in this division and shall determine that satisfactory provision and arrangement of the following factors have been met with the applicant, where applicable: 1. Compliance with all elements of the Village Comprehensive Plan The subject property is located on Residential Low Density future land use district. Policy 1.1.2 of the Village Comprehensive Plan states that The Village's Land Development Regulations shall conform to, and implement, the use, density and intensity standards as outlined on Table FLU -1. The proposed use is a permitted Special Exception Use in the R1 Single - Family Dwelling district. The applicant meets this provision of the Comprehensive Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject property is located in an existing development, ingress and egress to the property with particular reference to automotive and pedestrian safety, and access in case of fire or catastrophe are factors that are met. The proposed use meets this provision. To further provide a safe environment, the elementary school recently implemented (5.19.11) a "tiered" dismissal schedule with 1' tier release at 2:55 pm and 2 nd tier release at 3:05 pm. This strategy has improved the negative stacking situation at elementary school dismissal time (see attached pictures). Additionally, the school has staggered releases times as follows: Early Learning dismissal at 11:30 am Pre - School dismissal at 2:10 pm 3. Off - street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. The applicant meets requirement for loading area. 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; and 1 (one) space per room used for class instruction. The applicant is requesting a Variance from the Village's Cade Section 78 -705 (28) (b) Required number of parking spaces. 4. Refuse and service areas, with particular reference to subsections (2) and (3) of this section. The proposed use meets this provision. S. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical interference and /or mechanical vibrations. The proposed use is compatible with the character of the surrounding neighborhood, and it will not be detrimental to adjacent and nearby properties and the village as a whole. This application is a modification of a previously approved Special Exception Use. 4 Department of Community Development - Staff Report— Special Exception Use — Good Shepherd Episcopal Church and School 6. Utilities, with reference to location, availability and compatibility. The subject property is located in an existing development, and further review will be conducted before site plan approval. 7. Screening and buffering, with reference, to type, dimensions and character. As part of the 1997 Development Agreement, Good Shepherd Episcopal Church agreed to construct an eight foot high masonry wall on the East side of proposed new school building. The intent was to screen the landscaped courtyard, while also minimizing any noise that might affect the adjacent properties. As presented in the attached photos, the masonry wall is part of the existing condition of the site. Also, the photos indicate current location of playground area, and proximity to residential neighborhood. Further considerations should be done regarding screening toward adjacent residential neighborhood. Also, the applicant is proposing to upgrade and improve the existing hedge located on the south property line (see existing condition pictures). S. Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. Since the subject property is located in an existing development, signs and proposed exterior lighting will be in compliance with Code requirements and aesthetics provisions. 9. Required yard and other open space. The proposed use is in compliance with this provision. 10. General compatibility with adjacent properties and other property in the district. The proposed use is compatible with adjoining residential and commercial districts. 11. Whether the change suggested is out of scale with the needs of the neighborhood or the village. The proposed use is compatible with the character and uses of the neighborhood and the Village. 12. Any special requirements set out in the schedule of site regulations in 78 -143 for the particular use involved. 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; and 1 (one) space per room used for class instruction. The applicant is requesting a Variance from the Village's Code Section 78 -705 (28) (b) Required number of parking spaces. 8. FINAL REMARKS This special exception use application met the requirements set on Section 78 -368 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 radios of the property for which a special exception is requested. 5 Department of community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School Per Code Section 78 -367, a special exception shall commence with 12 months from approval date; and only one extension shall be permitted by the Village Council up to six months. This report was prepared by Niisa Zacarias, AICP, and; approved by Chief James M. Weinand J �� �� �L'� �__.,o Date 31 Existing School Conditions and Parking Area w � 8 6 Department of Community Development -Staff Report— Special Exception Use — Good Shepherd Episcopal Church and School } Existing School Conditions and g Playground Area f 1� t i fi 2 ` FIB 1 M +M 7 Department of Community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School a .. 7 s, r BEFORE TIER DISMISSAL - Stacking tac situation g s tuat on at dismissal time. JU a ` W pF C. AFTER TIER DISMISSAL — Stacking situation improved since the school implemented I" tier release at 2:55 pm and 2 nd tier release at 3:05 pm. 1 Existing conditions of hedge located on the south property line 8 Department of Community Development - Staff Report — Special Exception Use — Good Shepherd Episcopal Church and School F DEPARTMENT OF COMMUNITY DEVELOPMENT 345 Tequesta Drive, Tequesta, FL 33469 a Phone: 561 - 768 -0450; Fax: 561- 768 -0698 - 4v Date: Ma rch 14, 2011 P4c� co y SPECIAL EXCEPTION APPLICATION The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it is understood that it shall only authorize that particular use described in this application and any conditions or safeguards required by the Village of Tequesta. Name of Applicant: Good shepherd Episcopal Church & School Mailing Address: 402 Seabrook Road, Tequesta, FL 33469 Phone No. (Home) 747 -9357 (Business) 7 - 5507 Lot/Parcel Address: 402 Seabrook Road, Tequesta, FL Lot: 25 Block: 40 Subdivision: 42 Property Control Number: 60-42-40- 25-00-000-5110 - Existing Use: church + Accessory Private School Description of Special Exception: A 1, 997 square foot 1 -story addition to exist school (13,500sf) containing 2 resource rooms, 2 offices and toilet & mechanical /storage support space Addition does not increase student population or school staff. Property Owner Good Shepherd Episcopal School -- — NOTE: Applicant shall include the following with the application: 1) Current survey or site plan of property showing structures and setbacks. 2) Drawings to scale of proposed improvements requiring special exception use. 3) Written approval from property owner if other than applicant. 4) Any other documentation pertinent to this application. 5) Fifteen (15) copies of all submittals. 6) Application Fee of Five Hundred ($500.00) Dollars. v 1 1 2a/1 Applicant's Signatu bate OWNER'S (ARCHITECT STERGAS & ASSOCIATES) STATEMENT OF REQUEST FOR SPECIAL EXCEPTION USE FOR A PROPOSED SMALL RESOURCE AND SUPPORT ROOMS ADDITION TO EXISTING GOOD SHEPHERD SCHOOL AND CHURCH 5/24/2011 (revised) Good Shepherd Episcopal School is a K- 5"' grade private school with a current student capacity of 169 students. As the only Elementary school in the Village, Good Shepherd is the only provider for a 'close to home' school option for children of village residents. Currently, some 40% of the student population is village residents. Good Shepherd is requesting a 1,997 square foot addition to the existing school to house two resource rooms, two offices, and support space. In the school's current configuration the Art, Music (integral parts of their curriculum), Science Lab and Computer Lab share two Resource Rooms. Currently in order to accommodate these four functions, the existing two Resource Rooms have to be constantly broken down and set back up. The proposed addition with two additional Resource Rooms, will allow the school to have a dedicated room for each of the four curriculum activities requiring resource rooms. Similarly, the Financial administrative staff person shares the small Librarian's office, and the Director of Admissions shares a corner in the dual use Computer /Music Resource Room. The two offices in the proposed addition will allow these current faculty members to have dedicated offices to meet with students and parents of students and prospective parents. The other miscellaneous /support spaces in the proposed addition serve the function of providing a local toilet facility at the addition, and to house mechanical and storage functions. As stated above, the proposed addition will not add any students or staff, nor will it affect the School's current operation hours which are: 1) 8:10am- 8:20am start, 2) Early Learning dismissal at 11:30am, 3) Pre - School dismissal at 2:10pm, and 4) Elementary School tiered dismissal with V tier dismissal at 2:55pm and 2 nd tier dismissal at 3:05pm. OWNESR's (ARCHITECT STERGAS & ASSOCIATES) RESPONSE TO SECTION 78 -362 CRITERIA 5/24/2011 (revised) 1) The proposed use is a special exception use. This proposed School small Resource and Support Rooms addition is a listed special exception use in an R -1 zoning district, Section 78 -173 of the Village Code, with paragraph (d) Special Exception Uses, subparagraph (1) Churches with or without accessory .... schools, and .... 2) The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. The proposed School small Resource and Support Rooms addition to the existing school meets the criteria of the front 25' setback, the 20' rear setback, and the 7.5' side setbacks, having a front setback of 368 +', rear setback of 25 +', and closest side setback of 4(Y. And the manner in which the addition is designed within the existing courtyard and on the inside(school building side) of the existing 8' high rear privacy wall, the addition will protect public health, safety, welfare and morals of the public and surrounding properties. 3) The use will not cause substantial injury to the value of other property in the neighborhood where it is located. The proposed School small Resource and Support Rooms addition will add to the quality of the curriculum and thus the quality of the school is enhanced, and reflect only a positive influence on the surrounding property, community and beyond; thus causing no substantial injury to the value of the neighborhood. 4) The use will be compatible with adjoining development and the proposed character of the district where it is located. The proposed School small Resource and Support Rooms addition is designed with the intent of minimum impact on the surrounding property and to be in keeping with the existing project style. 5) Adequate landscaping and screening is provided as required by this chapter. We will be providing additional landscape to buffer the small addition, along with existing mature trees and vegetation being relocated, which will not only maintain the established look and feel, but will in fact add to it. As well, Good Shepherd School is going to upgrade (fill in missing shrubs) the existing hedge along the south property line as part of this Special Exception approval. page 1 of 2 6) Adequate off - street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. Section 78 -705, subsection (28)(b) requires additional parking spaces for the proposed addition, thus Good Shepherd obtained a variance for the parking based on non - concurrent /non- cumulative parking between the School and the Church. 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 rd tier dismissal of 3:15 will be implemented. 7) The use conforms with all applicable regulations governing the district where located, except as may otherwise be determined for planned developments. To the best of our knowledge and belief, the design of the proposed School small Resource and Support Rooms addition complies with all of the applicable regulations governing R -1 district. (End of response to Section 78 -362 criteria) page 2 of 2 OWNER's (ARCHITECT STERGAS & ASSOCIATES) RESPONSE TO SECTION 78 -363 CRITERIA 5/24/2011 (revised) 1) Compliance with all elements of the village comprehensive plan. To the best of our knowledge and belief, the proposed small Resource and Support Rooms addition complies with all elements of the Village comprehensive plan. 2) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. As the proposed School small Resource and Support Rooms addition is in the existing rear courtyard and is connected integral with the existing school, there will be no impact on automotive and pedestrian safety and convenience, and no impact on traffic flow and control, and will provide code required access in case of fire or catastrophe. 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. 3) Off - street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. Section 78 -705, subsection (28)(b) requires additional parking spaces for the proposed addition, thus Good Shepherd obtained a variance to add no parking based on non- concurrent /non- cumulative parking between the School and the Church. 4) Refuse and service areas, with particular reference to subsection (2) and (3) of this section. As the proposed School small Resource and Support Rooms addition adds no students, faculty, or functions there will be no appreciable increase in refuse, and thus no effect with existing refuse and service areas. And likewise the proposed addition triggers no code increase requirements. 5) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke, glare, electrical interference and /or mechanical vibrations. As the proposed School small Resource and Support Rooms addition is all interior space there will be no additional outside noise added. Further the addition adds no students or faculty. Based on the above no nuisance factors should be generated by this proposed addition. page 1 of 3 6) Utilities, with reference to location, availability and compatibility. As the proposed School small Resource and Support Rooms addition ties into the existing building utilities in the immediate area of the addition, there will be no new utilities needed. 7) Screening and buffering, with reference to type, dimensions and character. The site is established and thus contains a lot of mature vegetation, including in the courtyard area where the proposed School small Resource and Support Rooms addition is located. This vegetation includes two medium sized oak trees and some mature shrubs and plants; and these will be relocated and additional landscaping is being added resulting in a net add of landscape . Also, there is an existing 8'+ high wall at the rear of the courtyard, whose rear and the south side sections will remain in total, and this will screen the bulk of the new 24' wide proposed addition; leaving only some new roofline (which will match the existing) to be seen. 8) Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. No new exterior signage will be added. And new exterior lighting will be limited to soffit lighting and building mounted wall packs with cut-off shields to control spill -over light onto the neighboring properties. 9) Required yards and other open space. The proposed School small Resource and Support Rooms addition to the existing school meets all the setback criteria, which includes the 25' front setback, the 20' rear setback, and the 7.S' side setbacks; having a front setback of 368 +'to the front of the existing school, having a rear setback of 25 +' to the back of the proposed addition, and having the closest side setback of 40' (at the south side of the existing school). And the proposed 1,997 square foot addition will occupy some 1 /100 of the site and reduce the existing open space by less than 2 %; and results in an open space that is 2 times what the code requires. 10) General compatibility with adjacent properties and other property in the district. The proposed small Resource and Support Rooms addition to the existing school, is very much in keeping with the existing school. Both the existing and the new have low roof lines and pitched roofs which are in keeping with the primarily residential character of the surrounding properties in the district. page 2 of 3 11) Whether the change suggested is out of scale with the needs of the neighborhood or the village. The proposed small Resource and Support Rooms addition to the existing school, is very much in keeping with the design style of the existing school with both having lower style roof lines and pitched roofs, and as the narrow dimension of the addition (24') is what faces the perimeter, the massing of the addition is smaller than the existing massing, and thus will help to reduce the scale of the project to the exposures where it can be seen from adjacent properties. 12) Any special requirements set out in the schedule of site regulations in section 78 =143 for the particular use involved. The project as submitted meets all the requirements of section 78 -143 (Schedule of Site Requirements). (End of response to Section 78 -363 criteria) page 3 of 3 ❑ � � Kimley -Horn and Associates, Inc. Good Shepherd Episcopal School Expansion Palm Beach County Drainage Statement The existing site of the Good Shepherd Episcopal School is located at 402 Seabrook Road in Tequesta, Florida. The 3.91 acre parcel is currently developed with two parking lots, a 12,500 SF church sanctuary, a 2,600 SF thrift shop, a 5,200 SF church office building, a 4,700 parish hall, and a 13,622 SF school building. There is an expansion proposed for the site that will include a 1,997 SF addition to the existing school building, approximately 1,130 SF of additional sidewalk, and approximately 221 SF of covered walkway. The proposed expansion will replace approximately 1140 SF of existing covered patio area. The existing stormwater management system is permitted under a 2004 South Florida Water Management District No- Notice General Permit (Application Number 031118 -17). As part of this permit application, the existing stormwater management design was certified to be in accordance with the Village of Tequesta's stormwater criteria for retention of the runoff from the 3- year /24 -hour storm event. Surface runoff from the site and parking areas currently drains into the onsite drainage system and is routed to an onsite dry detention pond, and ultimately discharges offsite through a control structure at the northeast corner of the site. No changes are proposed to the site drainage system or parking lot layout. The proposed building expansion will add an additional 1,078 SF of roof area and an additional 1,130 SF of sidewalk to the site. Based on the calculated required and provided retention capacity in permitted drainage calculations for the site, the existing stormwater management system has sufficient capacity to retain the increased runoff from the additional impervious development for the 3 -year, 24 -hour storm event without negatively impacting the site. The total increase in impervious area on the site is less than 1.3 0 /6 of the total site area. Therefore, no negative drainage impacts are anticipated as a result of this proposed expansion. Kimley -Hom and Associates, Inc. An'uli� J se P.E. 5/26/2011 PE #: 71504 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 (561) -845 -0665 CA 00000696 KAWPB_001 \144071001 \Drainage Statement \Drainage statement -201 t.doc i ; r- I A 1. Large scale plans on file in Village Clerk's Office 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.