HomeMy WebLinkAboutDocumentation_Regular_Tab 15_11/08/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: NA
November 8, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
A{3ENDA ITEM TI7�: {�tording form the SUBJECT line of You�,_ report)
SE 01-12: Application of Randolph Hansen, Inter Plan Inc., for a Special Exception Use pursuant to Section 78-174.
R-2 Multiple-Family Dwelling District (d) (11) Special Exception Uses, of the Viltage of Tequesta Code of Ordinances. The
Applicant is requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at Tequesta, a 96 unit
assisted living/memory care facility. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469.
BUDGET ! FINANCIAL tMPACT:
Account #: N/A Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
EXECUTIVE SUMM1kRY �F MAJOR lSSUES: (This is a snap shot descript'wn of the ag e»da item)
� pplication of Randolph Hansen, Inter Plan Inc., for a Special Exception Use pursuant to Section 78-174. R-2 Multiple-
amily Dwelling District (d) (11) Special Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is
requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at Tequesta, a 96 unit assisted
living/memory care facility. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469.
: �_{ s�-
Departrnent Head-- ---- -- ---- - - -- -----�----- '� -LZ.
Financ� Director � •
Reviewed for Financial Sufficiency [� 1',
No Fi�iaricial Impact ■; .; �; _�%
Attc�r�ie�: (for legal sufiiciency)
Village Manager: �
�.__--___
5ubmit for Council Discussion:
Approve item: ❑
� Deny Item: �
�PECIAL (NSTRUCTIiJMS FOR GLERK: �i� ys�u wish to have agc��rnents signed, be s �fl include ths
num of copies you want signed and pl�c� "S'rgn Here" st c�rt t�
orm Amended: 10/20/11
�"` VILLAGE OF TEQUESTA
• DEPARTMENT OF COMMUNITY DEVELOPMENT
;� t
� Staff Comments — Special Exception Use
t
1. PETITION DESCRIPTION
APPLICANT: Randolph Hansen
Inter Plan Inc., 399 N. Cypress Dr., Tequesta
For Contract Purchaser/Developer: James Hall, Managing Partner
Tequesta SL, LLC, 1001 N. Hwy. One, Suite 500, Jupiter, FL 33477
REQUEST: The applicant is requesting a Special Exception Use approval for Tuscan Gardens at
Tequesta, a 96 Unit Assisted Living/Memory Care Facility in the R-2 Multiple-family
Dwelling District, pursuant to Sec. 78-174 R-2 multiple-family dwelling district (d)(11)
of the Village of Tequesta Code of Ordinances.
LOCATION: 4534-4546 County Line Road
Tequesta, FL 33469
• 2. LAND USE AND ZONING
EXISTING LAN1� USE FUTURE LAND USE ZONING
SUBJECT PROPERTY Medium Density Medium D�nsity R-2
(5.4 —12.0 DdJ/Aj (5.4-12.0 DU/A) Multi{�le-family Us�
North �
C�ur,ty Line Road Low Density Low Density R.-2B
S/� �Ininc�rporated- (IVlax 5 UPA) �Max 5 11�A) S/F Residential
Martin zounty
South
�iversi�e Oaks Lo�v Density �c���r Density R-1
Subdivision (Max. 5/4 DlJ/A) (Max. 5.4 JU/A} SF Resider�tial
East ,
S/F Home Low Density Low Density R-1
Hannah's Home (Max. 5/4 DU/A) (Max. 5.4 DU/A) SF Residential
West LR-3 LR-3 RS Residential
S/F Subdivision Low Density Max 3 Low Density Max 3 DU/A)
. Unincorporated PBC DU/A) i
I 1
Department of Community Development - Staff Commznts- Special Exception Use Application - 4534-4546 County Line Rd.
� 1. STAFF ANALY515
Section 78-361 of the Village Code states that certain uses because their unique characteristics
cannot 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 Village Code, special exception use shall be permitted only upon authorization
of the Village Council provided that such uses comply with the following requirements:
1. The proposed use is a permitted special exception use.
In compliance with Section 78-174 (dJ(11J Special Exception Uses permitted in the R-2 Multiple-
Family Dwelling District of the Village of Tequesta Code of Ordinances - Adult livinq facilities
(including assisted living facilities as defined at F.S. Ch. 429J is a permitted special exceprion use.
2. Tl�e use is so designated, located and proposed to be operated so that the publid health, safety,
welfare and morals will be protected.
In comaliance. Tequesta SL, LLC, the owner/developer is under contract the property from TD
eank. The proposed project is bordered by low-density sing/e family residential subdivisions and a
� special exception boarding school for unwed mothers.
The proposed use is compatib/e with the overall character of the R-2 multiple fami/y dwelling
distri�t and is so designed, located and proposed to be operated so that all public health, safety,
welfare and morals will be protected. The proposed tenants are men and women who are at a
stage of life requiring additional help in performing normaf activities of daily life.
3. The use will not cause substantial inJury to the value of other property in t�� neighborhoor�
where it is ta b� IoeatecE.
!n comuliance. The proposed use will not cause injury to the va/ue of other properties in the
nPighborhood. The use is a high quality facility with Tuscan style architecfure w6th tile roofs,
earfh tone colors, use af stone accent.� and maxirnum twa story height. The faciiity far exceeas
the required seibacks from adjacent residential areas. Approx�mately 65 percent of the site is
devoted to landscaped areas. There is buffer landscaping and a wall separating the adjacent
properties.
4. The use will be compatible with adjoining development �nd the proposed character of the
district where i# is �o be loc�ted.
!n. compliance. The proposed use is compatible with the overall character of the R-2 multiple-
famify dwelling district. The proposed project is bordered by low-density single family rzsidentia!
subdivisions and a special exception boarding school for unwed mothers within the R-1 single-
�'amily dwelling district.
� 5. Adequate landscaping and screening is provided as required in this chapter.
In compliance. Approximately 60� of the site is devoted to landscape area.
I 2
Department of Community Development - Staff Comments—Special Exception Use Application — 4534-4546 County Line Rd.
Village Code Sec. 78-402. - Landscaping abutting residentia/ areas; single family and duplex lots
+ requires:
(aJ In the planting strip of commercial properties abutting and/or immediately adjacent to
residential areas there shall be erected a living hedge not more than six feet from the
residential property line. The hedge must be p/anted prior to issuance of a certificate of
occupancy and must be planted not more than two feet on center and must be
maintained at a height of not less than six feet and not more than ten feet. Addirionally, a
solid opaque fence and/or wall of not less than five feet but not more than six feet shall
be required.
VAR 09-12: The applicant proposes a six foot high wal/ on all three sides of the property and
around the properties bounded within the property. Additional/y, landscapinq is provided, the
specifics of which will be reviewed at Site Plan Review.
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.
The application has provided for four 12' X 60' loading bays at the service entrance in compliance
with Sec. 78-696 — Off-street loading space requirements.
Sec. 78-705 - Required number of parking spaces has no off-street parkinq criteria specific to the
Specia/ Exception Use of Adult Living Facilities. Sec. 78-705(31) provides for "Uses not specifica/ly
menrioned: For any use not specifically mentioned, off-streer parking requirements for a use
which is mentioned and to which such use is similar shall apply".
The applicant proposed use, by definition, is similar to VOT Sec. 78-4. Definition for Adult
conqregate living facility (ACLFJ. Therefore, parking calculations are based on Sec. 78-705(1J as
follows:
� 1J Adult congregate living facilities:
a. Adult congregate living facility: Two spaces for each dinrelling unit or equivalent.
b. Exrended care facility: Two spaces per four patient beds.
The proposed facility has 78 assisted living unii�s and 18 memory care beds/units; per Code, the
proposed project requires 165 parking spaces. The applicant is seeking a variance to provide 100
parking spaces. (VAR 09-12) ,
FINDINGS REQUIRED FOR APPROVAL
Per Section 78-363 af Village Co�e, before any special exception is granted, the Village� Council shali
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. Corr�pliance with all elerrvents of the Village Comprehensive Plar+
TF�G subject property is located in the M�dium Density Res;dential District. The proposed �se
complies with Policy 1.1.2 "the Village"s Land Development Regulations shall conform to, and
implement, the use, density and intensity standards as outlined on Table FLU-1"
Table FLU-1 states residential units, maximum 12 dwelling units per acre are considered part of
this district. The proposed use "assisted living/memory care" meets this pr:;vision of the
Comprehensive P/an.
�
I 3
Department of Community Development - Staff Comments—Special Exception Use Application — 4534-4546 County Line Rd.
� 2. Ingress and egress to property and proposed structures thereon with particutar reference to
automotive and pedestrian safety and convenience, traffic flow and control, and access in case
of fire or catastrophe.
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.
3. OfF-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
A concurrent variance for a reduction in the required number of parking spaces to 100 spaces is
being requested with the Special Exception application. Four 12' X 60' loading bays at the service
entrance are provided in comp/iance with Sec. 78-696 — Off-street loading space requirements.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include b�t necessarily be fimited to noise, odor, smoke, glare, electrical
interference and/or mechanical vibrations.
The proposed use is compatible with the overall character of the district. The facility is designed
to provide an environment whereby noise, odor, smoke, glare, electrical interFerence and/or
mechanical vibrations are nonexistent or controlled through proper screening. The proposed use
will not be detrimental to adjacent and nearby properties and the viUage as a whole.
5. Utilities, with reference to location, availability and compatibility.
It is believed that all required utilities are available or will be available for the site. Approvals and
/or permits will be required as part of the Site Plan Review process.
� 6. Screening and bufFering, with reference, to type, dimensions and character.
The required buffering will meet or exceed the requirements of the Village code for landscaping,
walls and setbacks. The proposed use meets this repuirement.
7. General compatibility with adjacent properties and other property in the district.
The proposed project is a two story residential facility which is compatible with the adjacent
properties other properties in the R-2 zoning district. The �r+�posed 1.rse is compatibie with the
overa��l character of the surrouRding areas.
8. 1R/h�ther the change su�gested is o�t of scale with the ne�ds c�f tha neighborh�ad or the
village.
The proposed use is compatible with the neighborhood and the Vil/age as whole.
9. Any special requirements set out in the schedule of sit� regulations in 78-143 for the
parti�ular use involvesl.
There are no special requirements set out in the schedu/e of site regulations for this application.
7. 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 10.29.12; and, it was also mailed to all
property owners located within a 300-foot radius of the property for which a special exception is
�
I 4
Department of Community Development - Stoff Comments— Special Exception Use Application — 4534-4546 County Line Rd.
7. 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 10.29.12; and, it was also mailed to all
property owners located within a 300-foot radius of the property for which a special exception is
requested. 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.
_ � �� i -,
This report was prepared by: i;-�,; �.kl z _-��-ti-�
� Jo nne Burnsed, Asst. Director of Coriim tinu y Development
�
/ S ��
Reviewed and approved by: J ��'�^ `
Nilsa Zacarias, AICP, Director of Community Development
�
�
I 5
Department of Coinmunity Development - Staff Commenis—Special Exception Use Application —4534-4546 Courty Line Rd.
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE VI. - SCHEDULE OF DISTRICT REGULATIONS
� DIVISION 2. - SCHEDULE OF USE REGULATIONS
Sec. 78-174. - R-2 multiple-family dwelling district.
(a) Purpose. It is the purpose and intent of the R-2 multiple-family dwelling district to provide lands within
the village for a range of residential multiple-family uses that should be applied within the medium
density designated areas of the village comprehensive development plan. In no event shall density
exceed 12 dwelling units per gross acre.
(b) Permitted uses. Permitted uses in the R-2 district are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Places of assembly (750 square feet or less), subject to the following conditions:
a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities, assembly halls, sanctuaries or
similar meeting rooms, community centers or fellowship halls, administrative offices related
to the facility, gift shops for merchandise related to the facility, playgrounds and athletic
fields, and rzctory or similar residence for religious officials or on-site caretakers, limited to
one dwelling unit.
(c) Accessory uses. Accessory uses allowed in the R-2 district are as foltows:
� Private garages, swimming pools, spas and hot tubs, cabanas and saunas, greenhouses, tennis
courts, clubhouses, private docks, utility buildings, gazebos and any other similar use deemed
appropriate by the building official.
(d) Specia! exception uses. Special exception uses in the R-2 district are as follows:
(1) Marina facilities.
(2) Public utility structures and buildings such as water p�mping plants, electric substations, and
pofice and fire stations.
(3) Nurseries, private kindergartens, day care centers and scho�is.
(4; Publicly owned and operated community buildings.
(5) Two-family or rnultiple-family dwellings iri excess uf !wo sfiories or 30 �eet in height �o a
maximum of three stories or 35 feet.
(6) Planned residential developmenis (PRD).
(7) Community antenna systems.
(8) F'arks and recreation facilities owned and operated by tne village.
(�) Foster care fac����ies, as may be req _,irer�, regulateci �nd !icensec by appli�^ble state statutes
and agencies.
(10) Group homes, as may be required, regulated and licensed by appiicable state statutes and
- agencies.
(11) Adult living facilities (includes assisted living facilities as defined at F.S. ch. 429). Evidence that
all regulations set forth in the state law concerning such facilities have been met must be
• submitted to the village prior to the issuance of a certificate of occupancy; maximum number of
units shall not exceed 12 units per acre.
Tequesta, Florida, Code of Ordinances Page 5
� PART II - COD�F ORDINANCES �
Chapter 78 - ZONING
ARTICLE VI. - SCHEDULE OF DISTRICT REGULATIONS
DIVISION 1. - GENERALLY
��c:. e'�;-:i�l:�. �c������ �� sii�� ueqi����men�i�.
The following schedule sstabiishes the minimum property and building regulations for development within the village:
SCHEDULE OF SITE REQUIREMENTS
Minimum Setbacks
District Minimum Lot Size Minimum Maximum Front Yard Side Yard Rear Yard Maximum Minimum Minimum
Lot Width Lot Building Height Living Area Landscaped
Coverage Requirements Open
- Space
� :�
R-2 8,000 sq. ft. for a 8G ft. 37% 25 ft. 7% ft. for rnain 20 ft. for main 2 stories/30 ft. 1,100 sq. ft. 30%
single-family dweliing building and building or main building or for first 2
accessory structure structure bedrooms
10,000 sq. ft. for a 2- building lus 225 s
p q•
family dwelling 10 ft. for any 1 story/15 ft. for ft. for each
10,000 s��. ft. for f�rst 20 ft. for ar�y accessory any accessory additional
2 multifamily corner lot building or building or bedroom.
dwelling units plus structure structure
3,356 sq. ft. for each
additional dwellin�
unit not to exceed a
maximum density of
12 dwelling units per
gross acre
Tequesta, Florida, Code of Ordinances Page 2
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
� ARTICLE I. - IN GENERAL
`��''� Adult congregate living facilify (ACLF) means an establishment, institution, building, residence,
private home, boardinghouse, home for the elderly, or other place, having some or all of the
characteristics of homes for the elderly, or other place, whether operated for profit or not, which through
its operation provides one or more personal services for four or more persons not related by blood or
marriage to the owner or operator, for a period exceeding 24 hours. Personal services are in addition to
housing and food service and include but are not limited to facilities which meet the physical, recreational,
emotional, and social life needs of the residents of the facility, personal assistance with bathing, dressing,
housekeeping, supervision, eating, and supervision of self-administered medication, and assistance in
securing health care from appropriate sources. This term shall also include extended care facilities.
Adult entertainment establishment means any commercial activity, whether conducted intermittently
or full-time, which primarily involves the sa�e, rental, display, advertisement, exhibition, entertainment or
viewing of persons, books, magazines, films, photographs or other materials which are distinguished or
characterized by an emphasis on stressing matter that depicts, displays, describes or relates to human
sex acts, or by an emphasis that accents male or female genitals, buttocks or female breasts. For the
purpose of this definition the term "adulY' shall include any person who is defined as an adult by
applicable state statute. The operation of an adult entertainment establishment shall be prohibited within
the village.
Advertising structure means any structure installed for advertising purposes, with or without any
advertisement display thereon, situated upon ar attached to real property, upon which any poster, bill,
printing, pain�ing, device or other advertisement of any kind whatsoever may be placed, posted, painted,
tacked, nailed, or otherwise fastened, affixed, or displayed; provided, however, that such term shall not
include buildings.
Alley means a dedicated public right-of-way other than a street which provides only a secondary
• means of access to abutting property, is not over 20 feet in width and is not intended for general traffic
circulation.
Alteratio,n means any modifications, additions, deletions, or change in construction, or change and
arrangement in the structural parts of a building, whether by extending a side or by increasing or
decreasing in heignt, or the moving from one location to another.
Amusement device, coin-operated or token-operated. means any amusement machine or device
operated by means of insertion of a coin, token, or sim�la!� object for tF�� purpose of amusement or skill, or
for the playirg of whicr a fee is charged. This d�finition �oes not include vending machines which de not
incorporate gaming, amusement or skilled features, nor does this definition include any coin-operated or
token-operated �r�echanical musical devices.
Anchor ctore/te.nant means the largest retail establisnment or major tenant within a shopping center,
which draws customers, and thereby generates bus�ness for surroundinc� stores or tenants.
Antenna.
(1) Antenna means a device for radiating and/or receiving television or radio sigrals.
(2) Ar:ienna array structur� m��ns an antenn2 corsisting of t����� or more radiat�ng elements,
�snerally similar which are arranged in such a manner as te obtain direction radiation patterns.
It °�:cludes any structural ;�embers v,hich are necessary tc maintain the proper efectrical
relationships between ti�re ��adiating elements, including the mast or other structure used to
support the array as a whole, but do�s not include th� transmi�sion line which supp!ies energy
to or receives energy from the array as a whole.
(3) Broadcast receiving anienna means an outside antenna used for the reception of signals
transmitted by stations licensed by the Federal Communications Commission in the Radio
� Broadcast Services, including AM, FM, N and shortwave.
Tequesta, Florida, Code of Ordinances Page 3
o r
,.�" � `��� VILLAGE OF TEQUESTA
,
� DEPARTMENT OF COMMUNITY DEVELOPMENT
9 •%� e 345 Tequesta Drive • Tequesta, Florida 33469-0273
� `3 _' o � (561) 768-0450 • Fax: (5G1) 768-0G98
d1 , 4 v
�
�0
� Octcber 29, 2U12
Mr. Randy Hans�n, P�esident
Inter Plan Inc.
399 N. Cypress Drive
Tequ�sta, FL 33469
Subject: Request for Variance and Special ExcepNon Use
Tascan G�rdens at Tequesta
5634 — 4546 County Line Road, Tequesta FI.
Dear Randy:
Enclosed is a copy of the Village Council of the Village of Tequesta Notice of Public Hearing to
be held on Thurslay, November 8, 2012, at 6:00 P.M. in the Village Council Chambers located
� at 345 Tequesta Drive, Tequesta, Florida, to act upon your applications for variance and special
exception use to the terms of the Code of Ordinances of the Village of Tequesta.
You and,�or your representa.tive must be in attendance at the hearing to present your applica.tion.
Sincerely,
J anne M. Burnsed
sst. Director of Community Development
Eiicl.
Cc: James Hall
Legacy Group
100� North U.S. Hwy. Orr�, Suite 500
Jupiter, FL 33477
�
�
PUBLIC NOTICE
The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday,
November 8, 2012, at 6:00 p.m. or as soon thereafter as possible in the Village Council
Chambers located at 345 Tequesta Drive, Tequesta, Florida 33469. A hearing will be held to
consider and make final determinations regarding the following:
SE O1-12: Applica#ion of Randolph Hansen, Inter Plan Inc., for a Special Exception
Use pursuant to Section 78-174. R-2 Multiple-Family Dwelling District (d) (11) Special
Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is
requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at
Tequesta, a 96 unit assisted living/memory care facility. The subject property is located at
. 4534-4546 County Line Road, Tequesta, FL 33469.
VAR 9-12: Application of Randolph Hansen, Inter Plan Inc. for a Variance from Code
Sec. 78-705.- Required number of parking spaces, (1) &(31). and Sec. 78-284.-Walls
and Fences. The proposed project is Tuscan Gardens at Tequesta, a 96 unit assisted
living/memory care facility (Adult living facility). Per Code, the proposed project
requires 165 parking spaces. The applicant is seeking a varianc� t� provide 100 parking
spaces. Further, per Code, walls/fences may not be �onstructed forwaxd of the front
building line. The applicant is seeking a vaxiance to a.11ow the construction of a
walUfence .forwaxd of th� front building line. The subject property is located at 4534-
4546 Coi.uity Line Road, Tequesta, FL 33469.
The above applications and a11 related documents are available for public examina.tion and
copying in the Office of the Village Clerk, Monday through Priday, between the hours of 8:30
a.m. and 5:00 p.i�;. The Public Hearing may be continued fror�i time to time, as necessary. All
interested persons are encouragecl to come to the Public Hearing and be heaxd.
PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision
made with respect to any matter considered at these he�xings, he or she will need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence
upon which the appeal is based. The Village of Tequesta does not provide such a record.
�
AFFIDAVIT
STATE OF FLORIDA
� COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED RANDOLPH HANSEN, WHO,
BEING DULY SWORN, DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best of his knowledge, a
complete and accurate list of all property owners, mailing addresses and property
control numbers as recorded in the latest official tax rolls in the Palm Beach County
Courthouse for all properly within three hundred (300) feet of the below described
parcel of land.
The properry in question is legally described as follows:
SEE LEGAL DESCRIPTION
SUBMITTED AS PART OF
THIS APPLICATION REQUEST
STATE OF FLORIDA
COUNTY OF PALM BEACH
� The foregoing instrument was acknowledged before me on this � day of ���,
2012, by RANDOLPH HANSEN, who is personally known to me, and who did not take an
oath.
Signature of rson aking Applicant's ignatur
Acknowledgement/Notary InterPlan Inc
�c,,� I Randol�h Hansen
Printed Name of Acknow dger Printed Applic�nt's Name
�o�n,� 399 North Cypress Drive
Title or R.ank Street Addres�
\\ \ � � � � � � a i � � � u � q, � �'�
�`��°��A;��M'°e�''�% Tequesta, Florida 33469 _
� : � � �,��•� ' City, State, Zip Code
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Seal =��; ���s�s, : �; 561-744-0445
� :;�,; ;�,��,.� oQ�` Telephone Number
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PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
• �: • � , ,, ,; �.
d1�"i. .��.`�. d'3��*.�,3� ���. ,, � .�
Sec. 78-361. - Pur ose.
Sec. 78-362. - A licabilit .
Sec. 78-363. - Criteria.
Sec. 78-364. - Findinr�s required for approval.
Sec. 78-365. - Imposition of additionai conditions and safe ug ards.
Sec. 76-366. - Deniai.
Se�. 78-367. - Reapplication after denial.
Sec. 78-368. - Time iimit for commencement of use.
Sec. 78-369. - Opti�nai pre-application review process.
Sec. 78-370. - Application; notice of hearing.
Sec. 78-371. - Filinq fee.
Secs. 78-372�-78-390. - Reserved.
•
Sec. 78-3G1. � Purpose.
The development and execution of a zoning ordinance is based upon the division of the village into
districts, within which tf�e use of land and structures and the bulk and location of structures in relation to
the land are substantially uniform. It is recognized, however, that there are certain uses and features
which, because of their unique characteristics, cannot be distinctly classified or regulated in a particular
district witliout consideration irs each case of ►h� impact of such us�s and featu�es upon neighbcring uses
and the surro�nding area, compared with the p�blic need for them at particular locations. Such uses and
features are therefore treated as special exceptions. A special exception is not the automatic right of any
applicant.
. ; � ,
Sec, 78-362, - Applicability.
Ali initial requests for special exception uses as listed in Ch�s chapter, alnng with their related
accessory uses shall be subject to the requirements of this division. In addition, any modification to the
use of a�reviously gran►ed 5pecial excepti��i, except for a modif;cation that changes said use to a
permitted �se as listed in this chapter, shall be subject to the requirements of this division. Requests to
expand, enlarge or revise the site of an existing special exception use shall be classified and processed
pursuant to the folfowing three categories;
(1) Small scale, interior - interior expansion, enlargement or revision of less than ten percent of the
originally approved special exception site square footage and having construction costs of less
than $100,00.00, once within any eighteen month period (this category contemplates uses
� located in existing shopping centers or similar structures, where no change to the overall
building footprint is required).
Tequesta, Florida, Code of Ordinances Page 1
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
� DIVISIOIV 3. - SPECIAL EXCEPTION USES
a. Applicant shall submit the processing fee in an amount established by resolution of the
village council and on file in the village clerk's office.
b. Review and approval is provided by the community development director, following which,
the applicant may apply for building permits.
(2) Small scale, exterior - exterior expansion, enlargement or revision of less than ten percent of
the originally approved special exception site square footage and having construction costs of
less than $100,00.00 once within any eighteen month period (this category contemplates a
change to the existing structure's footprint, and other site related revisions that flow therefrom).
a. Applicant shall submit the processing fee in an amount established by resolution of the
village council and on file in the village clerk's office.
b. Review and approval regarding the continuing special exception use is provided by the
community development director, following which, the applicant shall submit an application
for site plan modification.
When reviewing small scale expansion, enlargement or revision, the community development
director shall make a determination that such expansion, enlargement or revision does not
result in a violation of the requirements of sections 78-363 or 78-364, or a violation of any
previously imposed condition of approval.
(3) Large scale - any expansion, enlargement or revision to the site of an existing special exception
use that does not qualify as either small scale interior or small scale exterior. Such expansion,
• enlargement or revision is subject to the requirements of this division.
^�-� ��� :� �,
Sec. 78 - Criteria.
Special exception uses to which this division applies as set forth in section 78-362 shall be permitted
only upon authorization of the village council provided that such uses shall be found by the viHage council
to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
(2) The use �s so designed, loeated and proposed to be operated so that the public health, safety,
welfare and morals wiil be protected.
(3) The use will not cause substantial injury to the value of other property in the neighborhood
where it is ta be located.
(4) The use wil! be compatible with adjoining _development a�d the proposed char�cter of the
district where it is to be located.
(5) Adequate landscaping and screening is provided as require�± in this chapter.
(6) Adequate off-street parKing and loading is provided and ingress and egress is so designed as to
cause minimum inter�erence with traffic on abutting streets.
, � 1. , ± , , , _ � ; ;' i : + �� � , � � . _ ° ,
�
Tequesta, Florida, Code of Ordinances Page 2
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
• DIVISION 3. - SPECIAL EXCEPTION USES
Sec. 78-364. - Findings required far approval.
Before any special exception to which this division applies as set forth in �ection 78-362 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 by the petitioner, where applicable:
(1) Compliance 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.
(3) Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
(4) 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.
(5) Utilities, with reference to location, availability and compatibility.
(6) Screening and buffering, with reference to type, dimensions and character.
(7) General compatibi�ity with adjacent properties and other property in the district.
(8) Whether the change suggested is out of scale with the needs of the neighborhood or the village.
• (9) Any special requirements set out in the schedule of site regulations in section 78-1�3 for the
particular use involved.
�. ��� � . �, � � , � �� �, ;
Sec. 78-365. - Impositian of additiana! conditions and safeguards.
(a) In addition to the criteria listed in section 78-363, the required appraval findings listed i� section 78-
364 and specific conditions for the particular special exception use listed within the app{icabie zaning
district regulations, the village coun�il may impose ather such conditions and safeguards as it deems
appropriate �n �onformity with this chapter for the protection of the surro�nding properties and the
neighborhood or general weifare of the public.
{b) If the special exception use is granted by the village council, the use must conform to all the
applicable regulations governing the district where it is located, except as may otherwise be
detsrmined for planned developments. Failure to comply with all the applicable regulations governing
the district as required by the site plae� approval pr�cess wrill void the granted special exception use.
- ;.. . �
Sec. 7$-366. - Denial.
Should the village council deny a special exception, it shall state fully for the record the reasons for
doing so. Such reasons shall take into account the factors under section 78-363 and all other conditions
and particular regulations relating to the specific special exception requested.
� rr � �r (� _ 78-365
Tequesta, Florida, Code of Ordinances Page 3
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
• DIVISION 3. - SPECIAL EXCEPTION USES
Sec. 78-367. - Reapplication after denial.
(a) Whenever the village council has denied an application for a special exception, the village shall not
thereafter consider any further application for special exception on any part of or all of the same
property for a period of 12 months from the date of such action.
(b) The time limits of subsection (a) of this section may be waived by three affirmative votes of the
village council when such action is deemed necessary to prevent injustice or to facilitate the proper
development of the village.
��'� � � � �. .
t���rr��t��� {y, 7� $-366
Sec. 78 - Time limit for commencement of use.
(a) A special exception shall commence within 12 months fr�m the date of grant of the special exception
unless extended by action of the village council; otherwise it is automatically rendered null and void.
(b) Commencement of a special exception occurs upon the issuance of a building permit, preliminary
plat or site plan, or upon the initiation of significant action to satisfy requirements for improvements
contained in a development order or other regulatory documents relating to the special exception.
(c) Only one extension shall be permitted by the village council and the extension shall not exceed six
• months. A written request for such extension of time must be received by the village prior to the
expiration of the grant of approval.
(d) Special exceptions granted to any governmental unit shall be exempt from the provisions of this
section unless a time limitation is made a specific condition of the special exception.
e _.: . � . � �. , � j . .
���r�r��ri�: 7$ 8-367
Sec. 78-369. - Optional pre-application review process. �
Prior to submitting a special exception application and committing the resources require� to proceed
through the specia! exception application process a� required by sectian 78-370, an applicant may
choase to participate in the following pre-application process in order to gauge interest in his proposed
project.
(1) Pre-app(ication meefing. A pre-application submittal meeting shall b� held with the applicanf
and his design team and the communiry development director and development staff. The
applican� s proposed use shaCl bE reviewed and discussed in order to identify any issues with
the pro��used use, the applicable use regulatiar,s and/or otlier applicable requirements.
(2) Conceptc.�al presenfafion. Based on the outcorpe of the pre-applicatian meeting, the applicant
may request to present his special exception use concept to the village council in order to
receive further input. This conceptual presentation is not a quasi judicial proceeding, and no
action shall be taken by the village council beyond discussion with the applicant. Neither the
outcome of this conceptual presentation, nor any comments made during this conceptual
presentation by any village council member or village staff is a guarantee or assurance in any
� way of the final action that may be taken by the village council pursuant to a format application
for special exception use as provided in section 78-370
Tequesta, Florida, Code of Ordinances Page 4
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
� DIVISION 3. - SPECIAL EXCEPTION USES
(3) Prior to being placed on a village council agenda for a conceptual presentation, the applicant
shall submit the following:
a. Processing fee in an amount as established by resolution of the village council and on file
in the village clerk's office.
b. Twelve copies of sketches and diagrams sufficient to convey the conceptual use to the
village council. This may include site plans, floor plans and/or surveys.
c. Twelve copies of a brief explanation that the proposed special exception use is compatible
with the surrounding uses and the neighborhood in general.
Sec. 78 - Application; notice of hearing.
(a) A written petition for special exception shall be submitted indicating the section of this chapter under
which the special exception is sought and stating the grounds on which it is requested, with particular
reference to the criteria under section 78-363, the written findings under section 78-364, and other
specific conditions, if applicable, which the village council shall address. The petition shall include all
material necessary to meet the requirements of the development concept plan listed in subsection
(b) of this section and any additional information that will demonstrate that the grant of special
exception will be in harmony with general intent and purpose of this chapter.
(b) A petitioner seeking special exception approval shall submit a development concept plan on one or
• more sheets of paper measuring not more than 24 by 36 inches and drawn to a scale not smaller
than 100 feet to the inch. The following shall be provided on the development concept plan:
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage.
(2) The boundaries and dimensions of the property and its relationship to the s�arrounding road
system, including the width of the existing travelway (pavement).
(3) The locati�n and dimension of existing manmade features such as exisfing roads and
structures, with indication as to which are ta be rernuved, rennvated �� alter2d.
(4) Identification of surrounding land use, zoning and existing buildings within 100 feet of the
petitioned site, as well as the zoning of the petitioned site.
(5) A layout of the propr�sed lots and/or building sites incl�uding the following site data:
a. Finished floor elevation.
b. Common open area.
c. Generalized landscaping and buffer areas.
d. Internal circulation patterns including off-street parking and loading facilities.
e. Totaf projec� dens�ty.
f. The sfiape, size, location and height of all structures.
(6) The proposed phasing of construction for the project if applicable.
(7) For commercial uses, office uses and uses other than residential, the estimated square footage
of the structure, the number of employees, the estimated seating, and the estimated number of
• users of the facility, such as members, students and patients.
(8) Proposed hours of operation for commercial uses.
Tequesta, Florida, Code of Ordinances Page 5
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
� DIVISION 3. - SPECIAL EXCEPTION USES
(9) Twelve aerial maps at a minimum scale of one-inch equals 300 feet, showing the site in
question with paved boundaries superimposed.
(10) A legal description of the land proposed for development.
(11) Current survey of the subject property.
(c) The application shall be reviewed by the land development staff within 30 days of the submission
deadline. Upon land development staff review and analysis of all submitted materials, the building
official shall forward a recommendation to the village council.
(d) A public hearing shall be held by the village council. The property owner may appear personally or
by agent or attorney.
(e) Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing
in a newspaper of general circulation in the area. The owner of the property for which special
exception is sought or his agent or attorney designated by him on the submitted petition shall be
notified by mail of the date and time of the hearing. Notice shall be given by mail to all owners of
property within a 300-foot radius of the boundary lines of the property for which a special exception is
requested. The list of property owners within the stated radius shall be provided by the applicant
from the most recent tax roll information as provided by the county appraiser's office. The applicant
must furnish an affidavit signed by the person responsible for providing the list. Nofinrithstanding any
other provision contained in this section, failure to provide written notice to any adjacent property
owners shall not constitute a jurisdictional defect provided that proper legal notice has been
published.
� , , ,
���trt����{�• 78-36$
Sec. T� - FiNng fee.
�1pon filing an application for special exception, the applicant shall pay a fee to the village at the time
of filir�g of such application. 1"he fee shal! be in an amount as esta�ilished by resof«tion af the villag�:
council and on fiie in the village clerk's office, shail not be reimbursable, and is intended to defray costs �f
administering, processing, and reviewing the application. Additionally, to cover all additional
administrative costs, actual or anticipated, including, but not limited to engineering feeS, consulting fe�s,
attorneys' fees and special studies, the a�plicant shall compensate the village for all such costs priar to
the processing of the appiication, or not later than 30 days after fnal application approval, whichever is
determined as appropriate by the community development director.
� ' � " , . : , :; ,
�`��trt��riy. 7 8
Secs. 78-372-78-39Q. - Reserved.
�
Tequesta, Florida, Code of Ordinances Page 6
yPG OF T f G �
,� a
9 DEPARTMENT OF COMMUN[TY DEVELOPMENT
� 345 Tequesta Drive, Tequesta, FL 33469
q '� ; Phone: 561-768-0450 Fax: 5G 1-768-0698
�, `• ; o
� � '' ; 4� L
�� C UN'� , Date:
SPECIAL EXCEPTI�ON APPLI�ATION
PROJECT NO:
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it
is un�erstood that it �hafl only autl�orize that pa: usP ��s�r's�ed in this application and any conditscns or
safeguards required by the Village of Tequesta.
Na�ne of Applicant: ��WL.� ��'��N/� �\� ( l�l� � l Ll� v�J�l� '
Mailing Address: ���� C���'�S ��, ���j �� ��..,. �7�'�' '�j 1
Phone No. (Home) (Business) �� • �� . �/`7'"1"7
Lodt'arcel Address: ��� '� � W�� l L� NG ��,p���V ,� /�, � 7 �7U J
�ot: ���T1� G��1 PrT�c�1�J �
Sub ivision:
-� •� � Z � • [.�
Pcoperty Control Number: Z• •Z • .• �Q Q�
Existing Use: V1��I�r �.�D
Description of Special Exception: `'` ���UG� � VIv �� /�77� ��l Vl� l.-� V�1`�.C�/
i�Y �i� T"i�G1 Ll`fY IIJ 1�•Z. 7'D1JI �•l.C� �.
- --- _ _
Propei�ty Owner: � ��/ 1 � K � , ��V� ��, `L�L.J i �-�I��'�v + i cil _
NOTE: Applicant shall include the following with the application: ��� r `�"` �'
I) 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 ofall submittals. �
6) Application Fee of Five Hundred ($500.00) Dollars. * .
• Additional Costs: To cover all additional adininistrative costs, actual or anticipated, including, but not iimited to,
engineering fees, consultant fees and special studies, the applicant shail compensate the village for all sucl� costs
prior to the processing of the application or not later than thi��ty (30) days after final application appcoval whichever
is determined as appropriate by the village.
�
/ V '{J, � I �
pl� anYs ignatui Date
L EGA L DESCR 1 P T I ON
PARCEL 1:
THE EAST 60.00 FEET OF LOT i AND THE WEST 20.00 FEET OF LOT
2 OF REPLAT OF RIVEA CREST, ACCORDING TO THE MAP OR P�AT
THEREOF AS RECDRDED IN PLAT BOOK 2i. PAGE 97. PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA.
PARCEL 2:
A PARCEL OF LAND LYING IN SECTION 25. TOWNSHIP 40 SOUTH,
. RANGE 42 EAST. PALM BEACH COUNTY. FLORIDA, BEING MORE
PARTICULARLY DESCRfSED AS FOLLOWS:
�THE EAST 280.00 FEET OF THE NORTHEAST i/4 OF THE NORTHWEST
i/4 OF THE SAID SEGTION 25; (LESS.7HE NORTH 190.0 FEET OF
THE EAST i50.00 FEET OF SA.ID:NORTHEAST 1/4 OF THE NOFi7HW�ST
i/4; ALSO LESS THE WEST• 65. 0� FEET OF THE EAST Pl5. 00 FEET OF
THE NORTH 140.0 FEET OF SAID'.NOR.THEAST i/4 OF THE NORTHWEST
i/4) AND THE EAST 299.6i FEET OF THE NORTH 400 FEET OF THE
GOVERNMEN� LOT 3(LESS THE SbUTH 125.FEET� OF THE WEST 100
FEET l .
PARCEL 3:
THE WEST 420 FEET OF THE WES1' i/2 OF THE NORTHWEST if4 OF
THE NOATHEAST i/4 OF SECTION_�5. TOWNSHIP 4Q SOUTFf. RANGE 42
EAST. �
;
LESS AND EXCEPT FRDM PARCELS 1.,2 AND 3 THE PROPERTY
DESCRIBED ON THE FOLLOWING:
A PARCEL OF LAND.IN SECTION 25. TOWNSHIP 40 SOUTH. RANGE 42
EAST, PALM BEACH GOUNTY, FLORIDA. MORE�PARTICULARLY
DESCRIBED AS FOLLOWS: �
FROM THE NORTHEAST CORNER Of;THE NORTHEAST �U.A.RTER OF THE
NORTHWEST OUARTER OF SAID SECTION 26 PROCEED N89"43'59"W.
ALONG THE NORTH LINE OF SAID NO.RTHWE3T OUARTEfl� 260..02 FEET;
THENCE SOQ° 28' 07" E, PARALL�L ; TO THE EAST L I NE 0� SA I D
NORTHWEST �UAATER.. 562.98 FEET TO THE PQINT OF BEGINNING;... .
THENCE CONT I NUE S00° 28' 07" E. . 779. 66 FEET TO THE SUUTH L I NE
OF SAID NORTHEAST OUARTER OF,THE.NORTHWES� QUARTER; THENCE
N89° 58' DO' W. ALONG .SA I D SOUTH L I NE.. i9.. 60 FEET; THEWCE
S00° 28' U7' E, 276. 77 FEET TO A L I NE PARALLEL TO:::l1ND 1�5. 00
FEET NORTH OF,THE�NORTH LINE.OF THE REPL�4T OF RIVER CREST AS
RECORDED I N PLAT BOOK 2i. PAGE 97,. PALM BE�kCH CQUNTY, -
FLOR f DA. PUBL I C RECORDS; 7HENCE N89° �8' 40u E. ALQNG SA I D
PARALLEL. L I NE. 99. 77 FEET; THENGE S00° 28' 07" E. . i25. 00 FEET
TO THE NORTHWEST CORNER OF LOT 2 OF SAID REPLA7 OF RIVER
CREST; THENCE S00° 2i' 20" E. ALONG THE WEST L I NE OF SA I D LOT
' 2. 124.77 FEET TO THE SOUTH LINE OF SAID REPLAT OF RIVER
CREST; THENCE N89° 38' 40" E. ALONG SA I D SOUTH L I NE. 20. 00 .
FEET; THENCE N00°_21' 20" W. i24. 77 FEET TO THE NORTH L I NE OF
SAID LOT 2; THENCE N89°37'2i"E, ALONG THE NO,RTH LINE OF LOTS
i AND 2 OF SA I D R FVER CREST. ; ii9. 83 FEET TO A L I NE 6Q. 00
FEET WEST.OF AND PAFIALLEL TO:SAiD EAST LINE OF THE NORTHWEST
OUARTER; THENCE S00° 28' 07" E. ; 424. 82 FEET TD SA I D SOUTH L I NE
OF R I VER CREST; THENCE N89° 38' 40" E. ALONG SA f D SOUTH L I NE
60. 00 FEET TO SA I D.EAS7 L I NE OF THE NORTHWEST GtUARTER:
THENCE N00° 28' 07" W. . 524. 50 F�ET. TO �"HE SOUTHWEST GORNER OF
THE NORTHWEST �UART�R OF THE:NOFiTHE,4ST (iUARTER OF SAfD �
SECT I ON 25; THENCE S69° �7' 25" E, ALONG 1'HE SOU7H L I NE QF SA I D
NORTHWEST OUARTER OF THE NOA1"HEAST �UAATER. 420.02 FEET TO _
THE EAST LINE OF THE WEST 420.00 FEET OF SIIID NORTH�AST
�UARTEA; THENCE N00° 26' 07" W. ALONG SA I D EAST L I NE, 779. 63
FEET; THENCE N89° 57' 25W. PARALLEL TO SA I D SOUTH L I NE OF THE
NORTHWEST �UARTER OF THE NORTHEAST QUARTEFI, 700.03 FEET TO
THE POINT OF BEGINNING.
APPROVAL OF PROPERTY OWNER
The undersigned, TD Bank, N.A., by its Authorized Representative, having its principal piace of business
at Go TD Bank, N.A., P.O. Box 9450, Portland, ME 04112, the Owner of the property described in Exhibit
A attached hereto, located at 4354-4546 Counry Line Road, Tequesta, FL 33469, having executed a
Purchasz and Sale Agreement to s�l! said praperty to Tequesta 8L, LLC, a Florida limlt�d liabillty
company, does hereby approve and consent to the filing by Tequesta SL, LLC, of an Application for a
Special Exemption in the form attached hereto relating to said property.
Dated: �a rJa , 2012
TD BANK, N.A.
By:
Printed Name �..� �.
Authorized Repres�enta'ti`v� ��� �� �` Gs V • P
STATE OF . -Cj �� � o I� �f �
COUNTYOF � r� g- � IG-
On this 1� day of ����eX' , 2012, before me, personally appeared the above-named,
known to me, or satisfactorily proven to be the person whose name is subscribed to the within instrument,
and acknowledged that he/she executed the same for the purposes therein .
� -
Notary Public
,`��� �u������
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TEQ,UESTA SL, LLC
c/o LEGACY GROUP
1Q01 N�RTH HIGHWAY ON�, SUITE 500
]UPITER, FLORIDA 33477
Phone: 561436 6952
September 27, 2012
Ms. Nilsa Zacarias, AICP
Department of Community Deveiopment
Village of Tequesta
345 Tequesta Drive
Tequesta, Florida 33469
RE: Tuscan Gardens at Tequesta Assisted Living/Memary Care Facility
Special Exception Appfication
Dear Ms. Zacarias:
As the Confract Purchaser/Developer of �e above referenced project, I hereby approve
and appoint Randolph Hansen of InterPlan Inc to act in the capacity as applicant for the
above referenced project.
Sincerely,
TEQUESTA SL, LLC
James all
Managing Partner
INTER •PLAN INc
399 North Cypress Drive
Tec�uesta, Florida 33469
Phone: 561 744 0445
Fax: 56 I 744 72 I 9
Emad: architect@mterplanarchitects.com
AAC , 390
Owner/Developer: Tequesta SL, LLC
c/o Legacy Group
1001 North US Highway One, Suite 500
)upiter, Florida 33477
Re: Tuscan Gardens of Tequesta
Assisted Living Facility
The applicant is requesting approval for a Special Exception Use in the R2 zoning
district. Per Village Code, Assisted Living Facilities need to apply for a Special
Exception Use in the R2 zoning district.
The assisted living residence is designed for seniors who are no longer able to live on
their own safely but do not require the high level of health care provided in a nursing
home. Assistance with medications, activities of daily living, meals and housekeeping
are routinely provided. Three meals a day are served waiter-style in a common dining
room. Residents live in their own apartments, which typically have a small pantry or
"tea kitchen" with a sink, small refrigerator, and microwave. Staff is available 24 hours
a day for additionaf safety. The ages can vary, depending on the capabilities of the
individual, but typically are in there 80's and 90's. As the daily living activities have been
supplemented by a support staff it is rare when reaches the point where they need
assisted living are they still able to drive. For this reason it is extremely rare for a
resident to still have a vehicle and drive. The facility will provide transportation for the
residents to go to local doctors, shopping, special events, etc.
The memory care units/beds are to serve the residents with Alzheimer's and other
forms of dementia. There is perhaps no more diverse a population among the aging
than those with Alzheimer's and dementia. Alzheimer's disease is one of the most
common causes of the loss of inental function known broadly as dementia. This type of
dementia proceeds in stages, gradually destroying memory, reason, judgment,
language and eventually the ability to carry out even the simplest of tasks. While the
effects of the disease can vary greatly with the individual, even from day to day, the
goal of the specialized housing is to maximize what residents with Alzheimer's or other
memory problems can do, so they can live in a dignified residential (rather than
institutional) environment. Once an individual is living in a memory care unit they
obviously are not driving and do not own a vehicle.
The need to provide any parking for the actual residents of an assisted living and
memory care facility is extremely limited for the above reasons.
Village of Tequesta - Special Exception Application
Tuscan Gardens of Tequesta
Page 2 of 5
Tuscan Gardens at Tequesta provides a home-like environment for those needing
assistance to maintain a quality life style. The individual assisted living and memory
care units within the Tuscan Gardens community provide high quality finishes, while at
the same time providing all of the safety features one needs and to feel assured that
they do not have to worry about their needs being met by a caring staff.
Tuscan Gardens is located on an eight acre site that is more than 75 percent open
space for the 96 residences. The residents are surrounded by beautiful landscaping,
bubbling fountains, shaded and open seating, walking areas and outdoor game areas.
The following are the Owner, Tequesta SL, LLC responses to questions posed under
Sections 78-362 and 78-363 of the Village of Tequesta code:
Sec. 78-362, Criteria.
(1) The proposed use is a permitted special exception use. - The proposed use,
an Assisted Living/Memory Care Facility, is a permitted special exception use.
(2) The use is so designed, located and proposed to be operated so that the
public health, safety, welfare and morals will be protected. - The use (assisted
living/memory care) is so designed, located and proposed to be operated so that all
public health, safety, welfare and morals will be protected. The proposed tenants are
men and women who are at a stage of life requiring additional help in performing
normal activities of daily living.
(3) The use will not cause substantial injury to the value of other property in
the neighborhood where it is located. - The use will not cause any injury to the
value of other properly in the neighborhood where it is located as it is a high quality
facility with a Tuscan style architecture with tile roofs, earth tone colors, use of stone
accents and a maximum two story height. The facility far exceeds the required setbacks
from adjacent residential areas. Approximately 65 percent of the site is devoted to
landscaped areas. There is buffer landscaping and a wall separating the adjacent
properties.
(4) The use will be compatible with adjoining development and the proposed
character of the district where it is to be located. - The development is
compatible as it is a high quality residential (assisted living/memory care) development
with a Tuscan style architecture with tile roofs, earth tone colors, use of stone accents
and a maximum two story height. Materials, height and architectural character are all
consistent with the character of Tequesta.
(5) Adequate landscaping and screening is provided as required in this
chapter. - Approximately 60 percent of the site is devoted to landscaped areas. There
is bufFer landscaping and a wall separating the adjacent properties. The landscaping
and screening will exceed the requirements of the Village Code.
Village of Tequesta - Special Exception Application
Tuscan Gardens of Tequesta
Page 3 of 5
(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. - The property fronts on County Line Road and has two entrances
and exits. One entrance/exit is to the main entrance to the facility for residents, family
and guests. There are 46 guest/resident parking spaces in front of the facility. Since all
of the residents are in need of assisted living, very few, if any have a vehicle as
previously discussed. The other entrance/exit is for employees and service and 54
parking spaces are provided. A total of 100 spaces are provided. The Village Code does
not have a specific parking requirement for assisted living facilities, however, using the
requirements in the �Ilage Code the most equivalent type of facility in the Village Code
is an adult congregate living facility which requires two spaces for each dwelling unit or
equivalent and for the memory care considered an extended care facility which requires
two spaces for every four beds. This facility has 78 assisted living units and 18 memory
care beds/units. This would require (78x2=156 + 18/4x2+9) a total of 165 parking
spaces.
A concurrent variance for a reduction in the required number of parking spaces to 100
spaces is being requested with this Special Exception application. As a part of the
variance request supporting data provided by the Institute of Transportation Engineers
(copy attached) will indicate that the peak parking demand at most senior facilities
occurred midday with an average peak demand of 0.40 vehicles per dwelling unit for
residents, employees and visitors. This would indicate for a facility of this size that the
peak demand can be met with 48 parking spaces. Our request is for more than double
that amount while still requesting a 40 percent reduction from the current Village Code.
The separate entrances for public and employees/service minimizes the interference on
County Line Road.
Sec. 78-363. Findings required for approval.
(1) Compliance with all elements of the village comprehensive plan. - The
assisted living/memory care residential use conforms with all elements of the village
comprehensive plan.
(2) Ingress and egress to properly 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. - This facility
is designed for use by those needing assistance in daily life activities and is designed for
their safety and well being. All service and employee traffic is away from the residents
areas. There are two vehicular means of access to the facility for emergencies and fire.
There is a sidewalk access connecting the facility to County Line Road. There is a vast
internal site walkway system for use by the residents separated from any vehicular
traffic.
Village of Tequesta - Special Exception Application
Tuscan Gardens of Tequesta
Page 4 of 5
(3) Off-street parking and loading area, where required, with particular
attention to the items in subsection (2) of this section. - There are 46
guest/resident parking spaces in front of the facility. Since all of the residents are in
need of assisted living, very few, if any have a vehicle as previously discussed. The
other entrance/exit is for employees and service and 54 parking spaces are provided. A
total of 100 spaces are provided. The Village Code does not have a specific parking
requirement for assisted living facilities, however, using the requirements in the Village
Code the most equivalent type of facility in the Village Code is an adult congregate
living facility which requires two spaces for each dwelling unit or equivalent and for the
memory care considered an extended care facility which requires two spaces for every
four beds. This facility has 78 assisted living units and 18 memory care beds/units. This
would require (78x2=156 + 18/4x2+9) a total of 165 parking spaces.
A concurrent variance for a reduction in the required number of parking spaces to 100
spaces is being requested with this Special Exception application. As a part of the
variance request supporting data provided by the Institute of Transportation Engineers
(copy attached) will indicate that the peak parking demand at most senior facilities
occurred midday with an average peak demand of 0.40 vehicles per dwelling unit for
residents, employees and visitors. This would indicate for a facility of this size that the
peak demand can be met with 48 parking spaces. Our request is for more than double
that amount while still requesting a 40 percent reduction from the current Village Code.
Parking is in compliance with all ADA requirements.
Four loading bays are provided.
Parking should be based on the premise that assisted living and memory care is not
congregate living for the reasons previously discussed.
(4) Nuisance factors detrimental to adjacent and nearby properties and the
village as a whole. Nuisance factors shall include but not necessarity be
limited to noise, odor, smoke, glare, electrical interference and/or
mechanical vibrations. - The facility is to be designed to provide an environment
whereby all noise, odor, smoke, glare, electrical interference and/or mechanical
vibrations are nonexistent or controlled through proper screening.
(5) Utilities, with reference to location, availability and compatitsility. - It is
believed that all required utilities are available or will be available for the site.
(6) Screening and buffering, with reference to type, dimensions, and
character. - The required buffering will meet or exceed the requirements of the Village
Code for landscaping, walls and setbacks.
(7) General compatibility with adjacent properties and other property in the
district. - The proposed project is a two story residential facility which is compatible
with the adjacent properties other properties in the R2 zoning district,
Village of Tequesta - Special Exception Application
Tuscan Gardens of Tequesta
Page 5 of 5
(8) Whether the change suggested is out of scale with the needs of the
neighborhood or the village. - This is a new facility and is in scale with the
neighborhood and the Village.
(9) Any special requirements set out in the schedule of site regulations in
section 78-143 for the particular use involved. - There are no special
requirements set out in the schedule of site regulations in section 78-143. The proposed
use for an assisted living/memory care facility is requested.
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME THIS DAY PERSONALLY APPEARED RANDOLPH HANSEN, WHO,
BEING DULY SWORN, DEPOSES AND SAYS:
That the accompanying Property Owners List is, to the best of his knowledge, a
complete and accurate list of all property owners, mailing addresse.s and property
control numbers as recorded in the latest official tax rolls in the Palm Beach County
Courthouse for all property within three hundred (300) feet of the below described
parcel of land.
The property in question is legally described as follows:
SEE LEGAL DESCRIPTION
SUBMITTED AS PART OF
THIS APPLICATION REQUEST
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me on this � day of ��,
2012, by RANDOLPH HAN�EN, who is personally known to me, and who did not take an
oath.
Signature of son aking Applicant's ignatur
Acknowledgement/Notary InterPlan Inc
�c,� I Randolph Hansen
Printed Name of Acknow dger Printed Applicant's Name
�c� 399 North Cypress Drive
Title or Rank Street Address
���` � �p � � A 1 � ' ' � A ,� � � � ��.
�� �,.•••"'••••. �F�%, Tequesta, Florida 33469
� Q� ���,���;� ' City, State, Zip Code
_*• �'• _
_ ; �.� •��
Seal =��; ��2�s�, ; Q; 561-744-0445
o�
��,� ;�,��,.�,oQ: Telephone Number
' ��� ' '��iriii ii��` �``\.
L EGA L DESCR 1 P T I ON
PARCEL 1:
TNE EAST 60.D0 FEET OF LOT i AND THE WEST 20.00 FEET OF LOT
2 OF REPLAT OF RIVER CREST, ACCORDING TO THE MAP OR PLAT
THEREOF AS AECDRDED IN PLAT BOOK 2i. PAGE 97. PUBLIC RECORDS
OF PALM BEACH COUNTY. FLORIDA.
PARCEL 2:
A PARCEL OF LAND LYING IN SEGTION 25. TQWNSHIP 40 SOUTH.
. RANGE 42 EAST. PALM BEACH COUNTY, FLORIDA, BEIKG MORE
PARTiCULARLY DESCi�IBEfJ AS �OLLOW5:
� THE EAST 280.00 FEET OF THE NORTHEAST i/4 OF THE NORTHWEST
i/4 OF THE SAID SEGTION 25; (LESS.THE NORTH i90.0 FEET OF •
THE EA9T i50.00 FEET OF SA.ID�NORTHEAST i/4 OF THE NORTNWEST
i/4; ALSO LESS THE WEST. 65. 0� FEET OF THE EAST 21.5. 00 FE:ET OF
THE NORTH i40.0 FEET OF SAID'NOFI.THEAST i/4 OF THE NORTHWEST
i/4l AND THE EAST 299.6i FEET OF THE NORTH 400 FEET_OF THE
GOVERNMENT LOT 3 f LESS . THE SOUTFi 125 FEET� OF THE WEST 100
FEET).
� PARCEL 3:
THE WEST 420 FEET OF THE WESt i/2 OF THE NORTHWEST i/4 OF
THE NORTHEAST 1/4 OF SECTIDN:25. 70WNSHIP 4Q SOUTFf. RANGE 42
EAST. �
LESS AND EXCEPT FROM PARCELS�1..2 AND 3 THE PROPERTY
DESCRIBED ON THE FOLLOWING:
A PARCEL OF LAND.IN SECTION 25. TOWNSHIP 40 SOUTH. RANGE 42
EAST. PALM BEACH COUNTY. FLOR I DA. MORE� PART l CULAFILY �.
DESCRIBED AS FDLLOWS: � . �
FROM THE NORTHEAST CORNER OF:THE NORTHEAST QUARTER OF THE
NORTHWEST �UARTER OF SA I D SECT I ON 25 PROCEED N89° 43' 58" W.
ALONG THE NORTH LINE OF SAID NO.RTHWEST �UARTER� 280_02 FEET;
THENCE S00°28'07"E, PARALL�L;TO THE EAST LINE D� SAID
NORTHWEST OUARTER. 562.98 FEET TO THE POINT OF BEGINNING;,..
THENCE CONT I NUE S00° 28' 07" E. � 779. 68 FEET TO THE SOUTH l� f NE
OF SAID NORTHEAST QUARTER OF,THE.NDRTHW�S7.OUARTER; 7�fENCE
N89° 58' 00' W. ALONG .SA I D SOUTH L I NE,. i9. 60 FEET; T
S00° 28' Q7' E, 276. 77 FEET TO A L I NE PARALLEL TO 125. 00
F.EET NORTH OF.THE�}JORTH LINE OF THE R�PLAT OF ptVER CREST A5
RECORDED IN P4AT BOOK 2i. PA�E 97. PALM BEACH CQUNTY, -
FLOR I DA. PUBL t C RECORDS; THENCE N89° 38' 40u E.. ALONG SA I D
PARALLEL. L I NE, 99. 77 FEET; THENGE S00° 29' 07" E, . i25. 00 FE�7
TO THE NORTHWEST COANER OF LpT 2 OF SAID REPLAT OF RIVER
CREST; THENCE 600°2i'20"E, ALONG THE .WEST LINE OF SA1D LOT
` 2. 124.77 FEET TO THE SOUTH LINE OF SAID REPLAT OF RIVE.R
CREST; THENCE N89° 38' 4Q" E. A�ONG SA I D SOUTH L I NE. 20. OQ .
FEET; THENCE N00° 20� W. i24. 77 FEET TO TH.E NORTH L I NE OF
SAID LQT �; 7HENCE N89°37'2i°E, ALONG THE NO.RTH LINE OF LOTS
i AND 2 OF SA I D R F VER CREST. : 1 i9. 83 FEET TO A L I NE 60. 00
FEET WEST OF AND PARALLEL TO:SAID EAST LINE OF THE NORTHWEST
�UARTER; THENCE SQO° 28' 07" E. ; i24. B2 FEET TD SA I D SOUTH L I NE
OF R I VER CRE5T; THENCE K89° 38' 40p E. ALONG SA I Q SOt1TH. L I NE
60.00 FEET TO SAID.EAST LINE OF THE .NORTHWEST DUARTER;
THENCE N00° 26' 07" W, 524. b0 F�ET. TO THE SOUTHWEST CORNER OF
THE NORTHWEST DUARTEq OF THE N6RTHEAST dUARTER OF SA�D �
SECT I ON 25; THENCE S89° 57' 25" E, ALONG THE 50UTH L I NE OF SA I D
NORTHWEST �UARTER OF THE NORfiHEAST QUAl�TER, 420.02 FEET TO
THE EAST LINE �F THE WEST 420.00 FEET OF SAID NQRTHEAST
OUAFITER; THENCE N00° 28' 07" W. : ALONG 5A I D EAST L I NE. 779. 63
FEET; THENCE N69°57'25W. PARALLEL TO SAID SOUTH LINE OF THE
NORTHWEST �UARTER OF THE NORTHEAST QUARTER. 700.03 FEET TO
THE PO{NT OF BEGINNING. .
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