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HomeMy WebLinkAboutDocumentation_Regular_Tab 16_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 �T l�tre e�f ycxt�' 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 variance to provide 100 parking spaces. Further, per Code, walls/fences may not be constructed forward of the front building line. The applicant is seeking a variance to allow the construction of a wall/fence forward of the front building line. The subject property is located at 4534-4546 County Line Road, Tequesta, FL 33469. 'u Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No � -- -- — - -- - - ------ - �EXECUTIVE SUMMARY OF �IIAJOR ISSU�S: (This is a snap shot description of th� agenda item) Application of Rando±ph Hansen, Inter Plan irc. 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 variance to provide 100 parking spaces. Further, per Code, walls/fences may not be constructed `orward of the front building line. The applicant is seeking a variance to allow the construction of a wall/fence forward of the front building line. The su bject pro is located at 4534-4546 County Line Road, Tequesta, F 33469. D epartment Head �� Z Finance Director Reviewed for Financial Sufficiency (J % �; No Financial Impact ■ ,' / ��� Attorney: (for legal sufficiency) ViUage Manager: '� Submit for Council Discussion: � Approve Item: ❑ Deny Item: � ' SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place " Sign Here" sticker on them) • ' '�� VILLAGE OF TEQUESTA a_ ' DEPARTMENT OF COMMUNITY DEVELOPMENT ,, `�'s, Staff Report — Village Council Meeting 11.8.2012 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 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 LOCATION: 4534-454E Cour.ty Line Road Tequesta, FL 33469 • 2. LAND USE AND ZONING EXISTING LAND USE FUTURE LAND USE ZONING i � SU�JECT PROPERTY Medium Density Medium D�nsity R-2 � �(5.4 -- Z�.fl �Lf � d�./�-12.� L��i!/�) � M�9tiple-fam9sy Us� i � North County Line Road Low Density Low Density R-26 � S/F l!nincorporated- (Max 5 UNA) (Max 5!�PA) S/F Residential M artin Cou South j Riversi�e Uaks Low �ensity Low Uersity R-1 � Subdi��sion (Max. 5/4 DU/A) (Max. 5.4 �U/Aj SF Residential � � -- ---- ------ --- — --- -- --I � East � 5/F Home Low Density Low Density R-1 Hannah's Home (Max. 5/4 DU/A) (Max. 5.4 UU/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 1 Department of Community Development - Staff Comments— Variance Application —4534-4546 County Line Rd. • STAFF ANALYSIS Variance Request #1: Sec. 78-705 - Required number of parking spaces has no off-street parking criteria specific to the . Special Exception Use of Adult Living Facilities. Sec. 78-705(31) provides for "Uses not specifically mentioned: For any use not specifically mentioned, off-street 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 congregate living facility (ACLF). Therefore, parking calculations are based on Sec. 78-705(1) as follows: 1) Adult congregate living facilities: a. Adult congregate living facility: Two spaces for each dwelling unit or equivalent. b. Extended care facility: Two spaces per four patient beds. The proposed facility has 78 assisted living units 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. VarEa�ce Request #2: Sec. 78-284.-Walls and Fences - walls/fences may not be constructed forward of the front buitding line. The applicant is seeking a variance to allow the construction of a wall/fence (including entry • walls) forward of the front building line. Village Code Sec. 78-402. - Landscaping abutting residential areas; single-family and duplex lots requires: (a) in the planting strip of commercial properties abutting and/or immediately adjacent to residential areas there sh�ll be erected a living hedge not more thar� six feet from the residential property line. The hedge must be planted pr9or to issuance of a certificate of occupancy and must be planted not more than two fee�t on �enter and must be maintained at a height of nct less than six feet and not more t�han te�a feet. Add�tion�llv, a soli� opar�uP fence and/or wall of not less than five feet but not more than six feet shall be reauired. The applicant proposes a six foot high wail on all sides af the proPerty and around the properties bounded within the property, to meet Sec. 78-4a2. This wall includes an eritry feature w�ll. CRITEitIA FOR GRANTING VARiANCE Section %8-65 of the Village Code states the Board af Adjustment and the Village Counril sf�all have the power to authorize upon application in specific cases such variance from the terms of Chapter 78 - Zoning as will not �e contrary to the p�blic interest, where, owing to special �.onditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the board or council that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and udhich are not applicable to other lands, structures or buildings in the • same zoning district. I 2 Department of Community Development - Staff Comments— Variance Application —4534-4546 County Line Rd. • b. The special conditions and circumstances do not result from the actions of the applicant. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The applicant has addressed each of the required criteria in the attached application packet. FINDINGS REQUIRED FOR APPROVAL Per Section 78-65 of Village Code, before any variance 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: (b) In granting any variance, the board of adjustment or village council may prescribe � appropriate conditions and safeguards in conformity with this chapter and any other ordinance enacted by the village council. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. (c) In reviewing matters brought before it pursuant to the pro�isior�s of this articl�, neither the board of adjustment nor the village cauncil shall exercise authority or jurisdiction over matters which are speLifically rese�ed to other officers, boards or a�encies �f the village. Where site pla� review is necessitated pursuant to the provisions of this chapter, no decision of the board of adjustment or the village councii with respect to a variance, or other matter, pertaining to the property in questions shall obviate the necessity for such site plan review. Where a requested building permit has been withheld by the building ofFicial for want of comnliance with applicable laws and ordinances beyond the jurisdiction of the board of adjustment or the village council, no building permit shall be issued regardless of any decision of t�e board or village co�or�cil until the requirements of such laws and ordinances have been met. (d) Under no circumstances shall the board of adjustment or the viilage council grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts • shall be considered grounds for the authorization of a variance. I 3 Department of Community Development - Staff Comments—Variance Application —4534-4546 County Line Rd. • (e) Notice of public hearing of the board of adjustment shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. FINAL REMARKS This variance application met the requirements set on Section 78-63 Appeal procedure. The notice of hearing was advertised in the Palm Beach Post on 10.24.12; and, it was also mailed to all property owners located within a 300-foot radius of the property for which a variance is requested. Per Code Section 78-68, if no time limit is specified by the board of adjustment or the village council, then the variance shall expire within six months from the date of grant, unless a building permit based upon and incorporating the variance is issued within the six-month period and construction has begun there under. i . ,� This report was prepared by: � �v � an e Burnsed, Asst. Director of Communi'ty-9�ueloprrSent ����, � 1 f ,� Reviewed and approved by: '�—�'—'�'"`+'`=! '-`—� --- -- - l i a��! � Nilsa Zacarias, AICP, Director of Community Development • • I 4 Department of Community Development - Staff Comments— Variance Application —4534-4546 County Line Rd. PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE I. - IN GENERAL Adjoining means that which is joined or united, actually touching. Adult congregate living facility (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 sale, 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 "adult" 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 nr without any advertisement display thereon, situated upon or attached to real property, upon which any poster, bill, printing, painting, 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. Aiteration means any modifications, additions, deletions, or change in construction, or change and arrar�gement in the structural parts of a building, whether by extending a side or by increasing or decreasing in height, or the moving from one location to another. Amusemen.t deti�ice, ccin••�perate�� or foken-operated, mearrs ary amusement machin� ar c�ev�ce operated by means of insertion of a coin, token, or similar object for the purpose of arnusement or ski�i, or for the playing of which a fee is charged. This definition does not include vending machines which ao not �ncorporate g�ming, amusement or ski!led �Patures, nor does this definition include �ny c�in-eperaxed or t�ken-operated ��echan�cal musical de��ices. Anchor stor�/tenant rr�eans the largest retail esta�blishment or major tenant within a syopping cPnter, which draws customers, and thereby generates business for surrounding stores or tenants. Antenna. (1) Antenna means a device for r�diating and!or receiving television or radio signals. (2) Antenna array s�ructu�e means an anter.na consisting of two or more radiating eiements, generally simiiar which are ar�dnged in such a mar���er as to obtair� directiun radiation pati�rns. It includes any structural members which are necessary to maintain the proper electrical relafionships between the radiating Elements, including the mast or ofher structure used to support the array as a whole, but does not include the transmission line which supplies energy to or receives energy from the array as a whole. (3) Broadcast receiving antenna means an outside antenna used for the reception of signals • transmitted by stations licensed by the Federal Commur,ications Commission in the Radio Broadcast Services, including AM, FM, TV and shortwave. Tequesta, Florida, Code of Ordinances Page 3 facilities, and other community agencies. To the maximum extent possible, appropriate community- based programs must be available to state-supported residents to augment the services provided in � assisted living facilities. The Legislature recognizes that assisted living facitities are an important part of the continuum of long-term care in the state. In support of the goal of aging in place, the Legislature further recognizes that assisted living facilities should be operated and regulated as residential environments with supportive services and not as medical or nursing facilities. The services available in these facilities, either directly or through contract or agreement, are intended to help residents remain as independent as possible. Regulations governing these facilities must be sufficiently flexible to allow facilities to adopt policies that enable residents to age in place when resources are available to meet their needs and accommodate their preferences. (3) The principle that a license issued under this part is a public trust and a privilege and is not an entitlement should guide the finder of fact or trier of law at any administrative proceeding or in a court action initiated by the Agency for Health Care Administration to enforce this part. History.—ss. 1, 2, ch. 75-233; ss. 12, 13, ch. 80•198; s. 2, ch. 81-318; ss. 79, 83, ch. 83-181; s. 2, ch. 87-371; s. 2, ch. 91- 263; s. 28, ch. 92-33; ss. 1, 38, 39, ch. 93-216; s. 6, ch. 95-210; s. 46, ch. 95-418; s. 122, ch. 99-8; s. 2, ch. 2006-197. Note.—Former s. 400.401. 429.02 Definitions. -- When used in this part, the term: (1) "Activities of daily living" means functions and tasks for self-care, including ambulation, bathing, dressing, eating, groomir�g, and toileting, and other similar tasks. (2) "Administrator" rneans an individual at least 21 years of age who is responsible for the operation and maintenance of an assisted living facility. (3) "Agency" means the Agency for Health Care Administration. � (4) "Aging in ptace" or "age in place" means the process of providing increased or adjusted services to a person to compensate for the physical or mental decline that may occur with the aging process, in order to maximize the person's ciignity and independence and permit them fio remain in a famiiiar, noninstitutional, residential environment for as long as possible. Such services may be provided by facility staff, volunteers fami! or friencis, o� throu h contractual arran�ements with a kfiird party. Y,. , , _ _ , .. _. _ _ (5) "Assisted living facitity" means any building or buitdings, section or d�stmct-part-of a•building, , 1 _ ,.._ _ : privatie,harr�e,_bcardin� home, hom�.for tk�e �,e�i, �r other.res��ential facitity, whetheroperat��i f�rr .. , „ , , profit or not, vlh��h`undertakes througti``its ownership Qr rriana�ement ta prov�de housing, rneals, arid _..; .. :. one or rtiore persor�al sen�ices f�i�`a period exceeding 24.liou�s, t� .or�e or more. adutts whQ ar� r�ot �elatives �f"the "awne'r: nr adm3nistrator. (6) "Chemical restraint" means a pharmacologic drug that physically limits, restricts, or deprives an individual of movement cr mobility, and is used for discipline or convenience and not required for the treatment of inedical syrriptonis. (71 "Community living support plan" means a writt�n document preparEd by a me�ta[ health resident and the resident's mental health case manager in consultation with the administrator of an assis_�d living facility witti a±smited mer,tal hea!"r.h license or th? admir:istrator's desi�nee. A copy must be provided to the administrator. The plan must include informa�tion about the suppoi ts, services, and special needs of the resident which enable the resident to live in the assisted living facility and a method by which facility staff can recognize and respond to the signs and symptoms particular to that resident which indicate the need for professional services. . (8) "Cooperative agreement" means a written statement of understandirig between a m2ntal health care provider and the administrator of the assisted living facility with a limited mental health license in http://www.leg. state. tl. us,�Statutes/index.cfm?App_mode=Display_Statute&URL=0400-04... 9/ 17/2012 which a mental health resident is living. The agreement must specify directions for accessing emergency and after-hours care for the mental health resident. A single cooperative agreement may service all • mental health residents who are clients of the same mental health care provider. (9) "Department" means the Department of Elderly Affairs. (10) "Emergency" means a situation, physical condition, or method of operation which presents imminent danger of death or serious physical or mental harm to facility residents. (11) "Exterrded congregate care" means acts beyond those authorized in subsection (16) that may be performed pursuant to part I of chapter 464 by persons licensed thereunder while carrying out their professional duties, and other supportive services which may be specified by rule. The purpose of such services is to enable residents to age in place in a residential environment despite mental or physical limitations that might otherwise disqualify them from residency in a facility licensed under this part. (12) "Guardian" means a person to whom the law has entrusted the custody and controt of the person or property, or both, of a person who has been legally adjudged incapacitated. (13) "Limited nursing services" means acts that may be performed pursuant to part I of chapter 464 by persons licensed thereunder while carrying out their professional duties but limited to those acts which the department specifies by rule. Acts which may be specified by rule as allowable limited nursing services shall be for persons who meet the admission criteria established by the department for assisted living facilities and shall not be complex enough to require 24-hour nursing supervision and may include such services as the application and care of routine dressings, and care of casts, braces, and splints. (14) "Managed risk" mea�s the process by which the facility staff discuss the service plan and the needs of the resident with the resident and, if applicable, the resident's representative or designee or the resident's surrogate, guardian, or attorney in fact, in such a way that the consequences of a decision, including any inherent risk, are explained to all parties and reviewed periodically in �, conjunction with the service plan, taking into account changes in the resident's status and the ability of the facility to respond accordingly. (15) "Mental health resident" means an individual who receives so�ial security disability income due to a mental disorder as determined by the Social Security Administration or receives supplementa� securir.y income due to a mental dis�rder as determined by the Social Security Administration and receives optional state supplementation. (1&) "Personal services" nieans �irect physical assistance wilh or supervision oi t�ie a�tivitzes o� daily living and the self-administralion r,f inedication ai�d other simila+� services whieh the departmznt may define by rule. "Personal services" shal[ not be construed to mean the provision of inedical, nursing, dental, or mental health services. (17) "Physicat restraint" means a device which physicatly limits, restricts, or deprives an individual of movement or mobility, including, but not limited to, a half-bed rail, a full-bed rail, a geriatric chair, and a posey restraint. The term "physical restraint" shall also include any de��ice which r�as not specifically man�afactured as a restraint but wi�ich has been altered, arranged, or otherwise used fo+� this purpose. The term shall not include ba�e�age material used for the purpose of binding a wound or ir.jury. (18j °Relative" rneans ar. ;ndivydua! who is the father, mothe+, stE�pfafiher, stepmoth.:,, son, daughYer, brather, sister, grandmother, grandfather, great-grandmother, great-grandfather, grandson, granddaughter, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister of an owner or administrator. � (19) "Resident" means a person 18 years of age or older, residing in and receiving care from a facility. http://www.leg.state.fl. us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-04... 9/ 17/2012 PART II - CODE OF ORDINANCES Chapter 78 - ZONING • ARTICLE X. - OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS Right Turn Radius** (feet) Minimum 10 Maximum 30 "One side of driveway exposed to entry or exit by right-turning vehicles. ��'i .. r ti R . �., i , . . .. _ . . . .. .. (a) Intent. It is the intent of this section to provide control of access to streets in order to facilitate safe and efficient movements of traffic while affordi�g reasonabie access to abutting properties. (b) Standards for access drivewiays. Access driveways shall be permitted by the village in accordance with the following guidelines: (1) Corner /ots. a. Along local streets, access driveways to corner lots shall be located a minimum of 35 feet from the intersection of the projection of the right-of-way lines to the centerline of the driveway, except as provided in this section. b. Along arterial and collector streets, access driveways to corner lots shall be located a minimum of 50 feet from the intersection of the � projection of the right-of-way lines to the centerline of the driveway, except as provided in this section. � (2) Interior lots. a. Except in townhouse clusters and planned unit developments, access driveways along local streets at interior locations shall be permitted not closer than four feet from a side or rear prope�ty line to the edg2 of the driveway. Th2re shall be no more than h�vo driveways per lot. b. Along art2rial and collector streets, the first access driveway for interior lots shall be located a minimuri cf 150 feat from the intersection of the projection of the right-of-way lines to the cer.terline of the driveway. i�hereafter, ac.^,ess driveways shall be spaced a minirrium of 100 feet apart. (c) Construction staridards. Access driveways which intersect or abut r.ghts-uf-way under the cuntru� or jurisdiction of thE vliage shall be construct�d in accordance with the construction standards and details as available from the village department of community development and public works department. _.. �� i��-; �etr�� . _ �.. � - , ,. , � �.� Cartain o� these requiremEnts may be in conflict with t�e special parking requirements se' f�rth in the preperty development standards for use within the MU mixed-u�e district. Where a confiic4 exisfs, the property development star.dards of t,ie MU district shail apply. Thare shall be provided at the tin�e of tha erection of ar�y ma+n builoiry ur strurture, o� at tne time that any il�ain b:;iiding ur structure is enlarged by more than 25 percent of the square footage of the existinr builCing or struciure, o� increased in capa�ity by adding dwelling units, guestrooms, floor area or seats. minimum off-s�r�et motor ��?hicle parking space with adequate provis�ons for ingress and egress by a motor vehicle, in accordanr.e with the followinc�: ; t; Adult congragate livir.g facilrties a. Adult congregate lrving facility: Two spaces for each dwelling uni; or equivafent b Extended care facility. Two spaces per four patient beds. (2) Place of assembly: One space per 50 square feet of floor area. Shared parking can be applied to a maximum of 30 percent of the total parking requirement. • (3) Automotive repair. Three spaces per service bay, if any, or one space per 100 square fe�t of gross floor area, whichever is greater. (4) Bar and lounge: One space for each two seats provided for patron use as established by the fire occupancy rating for the size and capacity of the establishment. Tequesta, Florida, Code of Ordinances Page 4 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE X. - OFF-STREET AND ON-STREET PARKING AND LOADING REGULATIONS (29) Shopping centers: One space per 250 square feet of gross Ieasable area (GLA). (30) Wholesale establishments: One space per 100 square feet of customer area plus one space per 400 square feet of noncustomer area. (31) Uses not specihcaily menfroned For any use not specifica{!y mentioned, off-street parking requlrements for a use which is mentioned and to which the such use is similar shail appiy (32) Mixed uses: In the case of mixed uses (exclusive of shopping centers), the total requirement for off-street parking shall be the sum of the requirements of the various uses computed separately. (33) Rehabilitation facilities: One space per patient bed. _�.. , •�� � � t� :, �� a ��: , ,.� The following schematic is made a part of this chapter and is designed solely to illustrate the requirements for aisles in off-street parking areas as regulated in this division. For additional regulations governing setbacks, minimum dimensions for parking spaces, and other requirements, see the other sections in this division. PARKING LOT DIMENSIONS TABLE q B C Parking Angle (degrees) A B C 21 ft. 30 ft. 30 ft. 0 33 ft. 42 ft. 4?. ft. 27 ft. 43 ft. 34 f[. 20 39 ft. 58 ft. 50 ft. � ft. 48 ft. 39 ft. 30 41 ft. 61 ft. 53 ft. 32 ft. 52 ft. 44 ft. 40 43 ft. 63 ft. 55 ft. 34 ft. 54 ft. 47 ft. 45 45 ft. 66 ft. 59 ft. 34 ft. 54 ft. 48 ft. 50 45 ft. 66 ft. 6Q ft. 40 ft. 61 ft. SG ft. 60 50 ft. 73 ft. 68 ft. 40 ft. Gl ft. 57 ft. 70 50 ft. ?3 ft. 69 ft. 45 ft. 65 ft. 64 ft. 80 45 ft. 65 ft. 65 ft. 45 ft. 65 ft. 65 ft. 90 45 ft. 65 tt. 65 ft. PARKIiVG LOT SCHEMAT�� ONE-WAY TRAFFIC TWO-WAY TRAFFIC • Tequesta, Florida, Code of Ordinances Page 6 � Sec. 78-284. - Walls and fences. (a) Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed buiiding setback line, on any lot or parcel (see Fig. a), except for lots or parcels located along and fronting upon County Club Drive, where walls not exceeding five feet in height may be located forward of the front building line. Fences associated only with accessory structures may be permitted if such fences are screened from public view with a hedge of not less than six feet in height nor more than eight feet in height. However, if a wall, fence, or living hedge is erected or located on a corner lot or a double frontage lot, a vehicular and pedestrian visibility triangle of a size and dimension which complies with the current traffic engineering standards of the American Association of State Highway and Transportation Officials (AASHTO) and the county shall be provided for in both directions from the intersecting point of property lines. The maximum height of any wall, fence or hedge within the visibility triangle shall be two and one-half feet. (b) Notwithstanding the above, entry features consisting of masonry columns not exceeding six feet in height, with or without gates, are not deemed to be walls or fences and are specifically allowed in the F�-1A and R-1 zoning districts and in the residential areas within a mixed use development located in the NiU zoning district. Such entry features must be compatible with the �rchitecture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must provide a minimum clear width of 12 feet for access by emergency � vehicles, and shall not be located in the village right-of-way. Gates, if any, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning board in accordance with these regulations is required prior to the commencement of construction. _ , i � �:. f; � I f' f � . , r>:. ,., � . . . . . . . .. . . . . � � r , . . , . � Figure aa �(Code 1977, app. A, § X(A)(1)(c); Ord. No. 4-08, § 1, 4-10-2008; Ord. No. 2-11, § 1, 3-10-2011) • Sec. 78-402. - Landscaping abutting residential areas; single-family and duplex lots. (A) 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 planted 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. Additionally, a solid opaque fence and/or wall of not less than five feet but not more than six feet shall be required. (B) All single-family lots and duplex lots located within R-1, R-lA or R-2 zoning districts shall comply with the following landscape requirements: 1. All single-family and duplex lots proposed for development within the village shall be required to comply with the Florida friendly landscape concept as set forth in the South Florida Water Management District Waterwise Guide, as amended, with a minimum of 60 percent native landscaping required, by submitting landscaping and irrigation plans to the department of community development for review and consideration for approval prior to issuance Qf a certificate of occupancy. This provision shall also apply to any renovation, restoration or construction activity to an existing structure or existing landscaped area wherein the renovation, restoration or construction activity • value is greater than 50 percent of the assessed value of the existing structure, or 50 percent of the estimated value of the existing landscaped areas determined by the department of community development. 2. Each single-family and duplex lot within the village shall be required to r,omply with the Florida friendly larYdscape concept as set forth in ttie South Florida Water 1Vlanagement District Waterwise Guide, as amended, in accordance witl� the pravisions of t�is diE�isian. 3. All Iaridscape� areas �r� single-farr.ily and duplex lots ��vithin the vi�lage shall t�e provided with sufficient automatic irrigaticn facilities and rnoisture cor�trol devices, both of which shall be maintain;.d in ;�°orking or�ier at all �irnes in accordance �vith this division. If good cause is shown that there is not a need for automatic irrigation facilities, this requirement may be waived by action of the =✓illage council. 4. All single-family and duplex lots �Nithin the village sl�all be required t� remove any prohibited landscaping from the property as set forth in this division. This subsevtion shall be Pnforced by the village by requiring th� removal of any prohibited landscaning prior to granting any landscaping, irrigation or well permit. Sec. 78-403. - Perimeter planting strip required for parking areas. � 20 PART II - CODE OF ORDINANCES Chapter 78 - ZONING • ARTICLE III. - APPEALS AND VARIANCES sa Sec. 78-61. - Generallv. Sec. 78-62. - Board of adjustment established; membership rules of procedure. Sec. 78-63. - Appeal procedure. Sec. 78-64. - Stav of proceedinqs pendinq decision on appeal. Sec. 78-65. - Powers and duties of board of adjustment and villa4e council public notice. Sec. 78-66. - Decisions; required vote; resubmission after denial. Sec. 78-67. - Appeal to circuit court. Sec. 78-68. - Time limitation on variances. Sec. 78-69. - Filinq fee. Secs. 78-70-78-90. - Reserved. �eG, 78-61, - Generally. • Appeals and variances described in this article shall be considered by either the board of adjustment or the village cauncil. The board of adjustment shall consider appeals and variances reiating to single- family properties and structures located within the R-1A and R-1 single-family dwelling districts of the village. The village council s�all consider appeals and variances relating to all other prope!ties not withir. the jurisdiction of the board of adjustment, including properties within the R-1A and R-1 single-family dwellir�g districts which are not single-family, and structures and properties in all ot�er z�ning districts in the village, and appeais and varianees relating to subdivisior�s in any �or�ing district. Sec, 78-62 Board of adjustment established; mernbership; rules of procedure, (a) f� board af adjustment is herebv established which shali }�erinrn� its ciuties �s prov+dec� k+y law in such a �Nay that the objectives of this cha�ter shall be obsenre�+, public heal!h, safety, and welfare secured, and substantial justice done. (b) TI board of adjustment shai! consist �Jf five ��egular members aE:,poi�ited by tl�e villac,�e coi;n�.il, who shall serve witho!.i± compensa#ion and for a term of three years. In addition to the regu!ar board members, two ac?�'itionai members, tc+ be designated as alter!iate #1 and ��ternate #2, shall b� appointed to serve in that order at meetings of the board when necessary on the board as a quorum. In the c,�se of on+y three mem�ers present, all present sh,aH hav� to vote in `�vor of a variance to make it effective. rlternate members shall serve for finro years, but of the firsi appointed alternate members, one shall serve for one year, and one shall serve for rivo years. Thereafter, alternate members shall be appointed for two-year terms. (c) Vacancies in the board membership by resignation, illness o� other causes shall be filled by the village council for the unexpired term of the member involved. Members of the board of adjustment � may be removed from office by the village council upon written charges and after public hearing. The board shall select its own chair and vice-chair annually at the first meeting of the calendar year. The Tequesta, Florida, Code of Ordinances Page 1 PART II - CODE OF ORDINANCES Chapter 78 - ZONING • ARTICLE III. - APPEALS AND VARIANCES community development director or a designated representative shall serve as clerk and advisor to the board. (d) All members of the board of adjustment shall be qualified electors of the village. (e) The board of adjustment shall adopt rutes of procedure for the conduct of its business, consistent with the provisions of this chapter. Meetings of the board shall be held at the call of the chair, and at such time as the board may determine. AI� meetings of the board and its files or records shall be open to the public. (f) The board of adjustment shall also keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the village clerk and shall be a public record. Cross reference— Administration, ch. 2. ��,,:= '� ��?':� �\ad����� ���t�����r�<- (a) Appeals to the board of adjustment or the village council, as appropriate, may be taken by an applicant aggrieved by administrative action of the village manager, the community development director or the building official, or their designees, relating to the powers and duties of the board of • adjustment or the village council under this chapter, as appropriate. For purposes of this section, the preparation or submittal of a staff report or its equivalent shall not be considered administrative action subject to appellate review. Such appeal shall be taken within 15 days of receipt the written decision being appealed, by filing with the village clerk a notice of appeal specifying the grounds thereof. The person(s) from whom the appeal is taken shall forthwith transmit to the village clerk all of the papers constituting the record upon which the action was taken. (b) The board or the village council, as appropriate, shaii fix a reasoiiable time ior the h�aring of the appeal, give public notice thereof by sending notice through regular mail t� property owners of record within a 300-fo�t radiu5 af the outFrmost perim�ter of the subject property and by publication in a newspaper of gP�era! circulation within the community, a minimum of ten days in advance of the public hearing and decide the same within a reasanable time. Upan the hearing, any party may appear in persor, ay a�erit or by at�orney. (c) The owner of the property far vuhich the ap�eal is sau�ht or the agent or attoi�ey designat�d �y the owner on the submitted notice of appeal shall be notified by mail ofi the date and �ime of tiie hearing. Sec. 78-64. � Stay of �aroceedings ��nding decision an appeal. Ari apaeal stays a!I �roceedings in furtP.::rance of the action appealed from, unless the person�s) from wnom the appeai is taken certifies to the board of adjustment or the village council, as appropriate, after the notice of appeal shall have �een filed with him, that, by reason of facts stated in the cert±ficate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be grarted by a court of record on application, on notice to the officer from whom the appeal is taken and on due cause shown. � Tequesta, Florida, Code of Ordinances Page 2 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE III. - APPEALS AND VARIANCES �;�:.; '� YS:�* ���;��J',+ � �#ad� �;i�9�.�5°;� t`S� �l.pe"�� i� .➢s �i�)�9:`ski���; V�V� ���1�"9 FOBR�dd�� ':;�l�Ar"b6:�E�� ;J�9k`ad�(; V3�7$1�:"c' (a) The board of adjustment and the village council shall have the following powers in regard to appeals and variances within their jurisdiction as defined under ,�ect���� � i 8 i (1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter or of any ordinance adopted pursuant thereto. (2) Authorize upon application in specific cases such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. The power to grant any such variance shall be limited by and contingent upon a finding by the board or council that: a. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. The special conditions and circumstances do not result from the actions of the applicant. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter ta other lands, buildings or structures in the same zoning d�strict. d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. • e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise d2trimental to the public welfare. (b) In granting any variance, the board of adjustment or village council may prescribe appropriate conditions and safeguards in conformity with fihis chapter and any other ordinance enacted by the villa�e caurcil. Violation of such conditi�ns and safeguards, when made a part of the terms under whirh the variance is granted, shall be deemed a violation of �his chapter. (c) In reviewing matters brou�ht before it pursuant to thP �rovisions of this article, neither the bnar� of adj«stment nor the village council shall exercise authority or jurisdiction over matters which are specifically reserved to other officers, boards or agencies of tr�e village. Wf �erz site plan review is necessitated pursuant to the provisions of this chapzer, no decision of tne board of adjustment or the village council w�th respec;t to a variance, or other matter, pertaining to the property in questions shall obviate the r;ece�sity for 5uch site plan review. Where a requested building perrnit has been uvithheld by the building official for wani of com�liance with applicable laws and ordina�ces beyond the juris-:I�ction uf the board of adjus�ment or the village council, no bui�uing permit shall be issued regardless of any decision of the board or village council until the requirements of such laws and ordir, �nces � �ave been met. (d) Under no circumstances shall the board of adjustment or the village council grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds • for the authorization of a variance. Tequesta, Florida, Code of Ordinances Page 3 PART II - CODE OF ORDiNANCES Chapter 78 - ZONING M AR7ICLE III. - APPEALS AND VARIANCES (e) Notice of public hearing of the board of adjustment shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general circulation in the area. In exercising the powers mentioned in � � i?-65, the board of adjustment or the village council may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have ail the powers of the officer from whom the appeal is taken. The concurring vote of three members of the board of adjustment or the village council shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. Any request denied by the board of adjustment or the village council shali not be resubmitted for a period of 90 days after the date of denial. Any person or persons aggrieved by any decision of the board of adjustment or the village council under this article, may appeal such decision in accordance with state law. � The board of adjustment or the village council m�y prescribe a reasonable time limit within which the action far which thE variance is required sha!! be begun or completed or both. However, if no iime limit is specified by the board of adjustment or the village council, then the variance shall expire within six months frr�rr� the daie of urant, �;nless � buiiding permit based upor: and ir�carporating th? variance is i5suec� wiiliirt tne six-month periuu and construc+ion has beg:.�n there:�r.der. (a) Upon filing an application with the board of adjustment or the vi�lage council un�er this article. the applicant shali pay a fee to tne village at 4he tim�: of riling of suc� ap�licati�n. The fee ;;�ail be in an amount as set by resolutiori of the villag� council anci on file in the vi!lar�e clerk's office, shall rat be reimbursable, and is inten�fed to defray the co�ts of adminis�ering, pr�cessing and r��,iewing the applicatian. Additionall}�, to cover a�� additional administi costs, �r,tual or anticipated, incl���iing, but not limiied to, advertisi��g costs, engineeriny fe�;s, consuliii��g f4es, att�rneys' fee� �nd �pe.ial studies, the applicant shall compensate the village for all such costs prior to the processing of the application, or not later thari 30 days after final appl�cation approval, whichever is de±ermined as appropriate by the community development director, or designee. (b) The building official may waive the filing fee wnen the applicant seeks a variance to repface an existing screened swimming pool enclosure with a new screened swimming paol enclosure having . the same dimensions but a greaier height than the existing screened swimming poo! enclosure. Tequesta, Florida, Code of Ordinances Page 4 OF Tf �°' G �',r�, VILLAGE OF TEQUESTA ,� � DEPARTIIIIENT OF COMMUNITY DEVELOPMENT � 345 Tequesta Drive � � � Tequesta, FL 33469 ° (561) 768-0450 Fax: (561) 768-0698 � .�, a � 1�� � � i 0 � 4+ 1 � v "��~ �o q�� i4PI�LIC�4TION FOI� i/ARIAt�ICE Var. # U�_l 2. P120JECT NAME: � S � �✓� PROJ€GT ADDRESS: ° l�� O S Applicant Name: Applicant Address: ~ � � � —� Applicant Phone No.: I°� Fax No.: ° 1 Cell Phone IVo.: • �� . E-mail Address: �c�� 1 Pro�ide wriE�en approval from the prope�ty ow�ner, if other than the applicanf� � � s' Property Owner's i�ame: Property Owner's Address: c�(.� > �` �3��! Property Owner's ?hone fVo.� � �.�ax N� �• ��� E-mail Address: ��� � 4� Y��• NATfl9�E O� !/ARIi4NCE: � C � 1C�5 �' � � ,, . � l�U � �(1.1� l� �..� I� � � -� �IJSTIFICATIOIV OF iOARl/�tdC�: Please address the six (6) criteria of the Zoning Code Sec. 78-65 (2) a.-f. attached Por your reference. If your variance request is related to the public waters of the state com�rising the Loxahatchee River 3nd the lntracoastal V�laterway an� all creeks, canals or waterways or tributaries connected therewith, located within the �eographica! boundaries of the Village, you must also address the ten criteria listed in the Sec.7�-7. C ril....a - .� ! ��I � C/1 ►l.J.� .---_�____ JOTE: APPLICANT SHALL IfVCLUDE THE FOLLOWIfVG ITEMS WITH THIS Af'PLICATIUN: 1) �urre�t sPa!e�.i survey of pr�aperty sho�r��i�g all st�uctures and setbacks. 2) D; awings to seale of Fropo�ed improvements. 3) i�ry oiher documentaiiar, rertinent tc this applica�ion. 4) 15 Copies of all submittals 5) l.�pliCai:or Fee of: fi.; Single Famill�: � $ 3U�� OQ B} Duplex: 500.00 C) Multiple Family: 750.00 D) Commercial: 1000.00 --� IO`� �/�� � K� � *To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special st�adies, the applicant shall compensate the Village for all such costs prior to the processing application or not later ihan thirty (30) days after final application approval, whichever is determined as appropriate b e Village. �IGNATURE OF APPLICAiVT;� DATE: �O ��• I� ,� / � � INTER •PLAN INc 399 North Cypress Drwe � Tec�uesta, Florida 33469 Phone: 56 I 744 0445 Fax: 56 I 744 72 I 9 Emad: architect@interplanarchitects.com AAC 390 Owner/Developer: Tequesta SL, LLC c/o Legacy Group 1001 North US Highway One, Suite 500 Jupiter, Florida 33477 Re: Tuscan Gardens of Tequesta Assisted Living Facility The applicant is requesting approval for two variances in the R2 zoning district. These are being requested concurrent with the request for a Special Exception for an Assisted Living/Memory Care facility. The firstrequestis for relief from Section 78-705 (1): Parking Requirements 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 faciiity has 78 assisted living units and 18 memory care beds/units. This would require (78x2=156 + i8/4x2+9) a total of 165 parking spaces. This request is for a reduetior� in this requlrement to 100 parking spaces. The literal enforcement of the provisions of this chapter will result in an unnecessary hardship based �n the fallowing: a. Special conditions and circum�tances �xist which are pecuiiar to the land, structure or lauifding inv�lved and which �r�e not applicabie tcr other lands� structures or buildings in the same zoning district. Response: There are no other Assisted Living facilities in the Villag� in the R2 zoning district. The code does not take into consideration the realistic parking demand for such facilities. Based on studies and recommendations by the Institute of Transportation Engineers (copZ� attached) indicate that the peak parking demand �t most senior facilities occurred midday with an average peak demand of 0.40 vehicles per dwelling unit for residents, emp�ees 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. Requiring the applicant to provide the 165 spaces is not consistent with the demand and the current code requirement does not address the speciflc nature of an assisted living facility. 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 additional 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 memo�y problems can do, so they can live in a dignifled residential (rather than institutional) environment. Once an individual is tiving 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. This request is for speciFc parking for this particular type of facility that does not exist in the same zoning district. b. Th� special conditions and circumstances do not result from the actions of the applicant. Response: The existing Village Code does not recognize the specific parking demand for this type of faciiity, and therefore is not a resuit of the actions of the applicant. c. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Response: The existing Village Code does not recognize the specific parking demand for this type of facility, and this is the only facility of its type in the Village in the R2 zoning district and would not confer any special privilege. d. Literal interpretation of the provisions of this chapter would deprive the • applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. Response: The existing Village Code does not recognize the specific parking demand for this type of facility, and has not been previously addressed accurately in the R2 zoning district parking requirements, therefore deprives the applicant rights that should be available to the applicant and other properties in the R2 zoning district. Providing • excessive parking not only provides an unnecessary and undue hardship on the applicant it also affects the quality of life for the future residents by replacing green space with unused asphalt. e. The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response: The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response: The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The second request is for relief from Section 78-284: Walls and Fences � (a). Walls and fences may be erected or maintained within or adjacent to a property line to a height not exceeding six feet. No wall or fence shall be permitted to extend forward of the adjacent or nearest portion of the building front, regardless of the actual, allowed building setback line, on any lot or parcel... (b). Notwithstanding the above, entry features consisting of masonry columns not exceeding six feet in height, with or without gat�s, are not deemed to be walls �r fences and are specifically allowed in the R-1A and R-1 zoning districts and in the residentiai areas within a mixed use developmer�t located in the MU zoning district. Such �ntry feature� must be compati�le with th� archite�ture of the residence and the streetscape, must be set back a minimum of ten feet from the edge of the road pavement or the lot side of any sidewalk, must provide a minimum clear width of 12 feet for access by emergency vehicles, and shall not be located in the village right-of-way. Gates, if �r�y, must swing inward or slide to the side to prevent obstructions to the roadway or sidewalk. A building permit and approval by the planning and zoning t�oard in accordance with these regulations is required prior to the commencement of construction. The literal enforcement of the provisions of this chapter wil! result in an unnecessary hardship based on the following: � a. Special conditions and circumstances exist which are peculiar i� the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Response: The Village staff states the project is required to have a buffer wall between this project and all adjacent residential development. Also, in earlier meetings with the neighbors it was stated that there would be a wall or fence around the entire project. • Entry feature walls are requested which would be no different than other residential zoning districts. b. The special conditions and circumstances do not result from the actions of the applicant. Response: The Village stafF states the project is required to have a bufFer wall between this project and all adjacent residential development. Also, in earlier meetings with the neighbors it was stated that there would be a wall or fence around the entire project. Entry feature walls are requested which would be no different than other residential zoning districts. c. Granting the variance requested will not con#er on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. Response: The Village stafF states the project is required to have a buffer wall between this project and all adjacent residential development. Also, in earlier meetings with the neighbors it was stated that there would be a wall or fence around the entire project. • Entry feature walls are requested which would be no different than other residential zoning districts. This does not grant any special privilege to the applicant. d. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning distt�ict under the te�°ms of this chapter and would wark unnecessary and undue hardship on the applicant. Response: The Village staf� states the project is required to have a buffer �vali betwee� this project and all adjacent residential development. Also, in earlier meetings with the neighbors it was stated that there would be a wall or fence around the entire project. Entry feature walls are r�quested which v�►auld be no different than other r�sidential zoning districts. By not constructing the walls, the hardship is that it is a requirement of the Village and a request of the neighbors. e. The variance granted is the minimum variance that will make possible the � reasonable use of the land, building or structure. Response: The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f. The grant of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. • Response: The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. � � • SENIOR HOUSING TRIP GENERATION AND PARKING DEMAND CHARACTERISTICS by Stephen B. Corcoran, P.E. (M) presented at the Institute of Transportation Engineers 66th Annual Meeting INTRODUCTION As the baby boomer generation ages, special housing projects have been developed for them in lieu of the traditional single-family home or apartment. Congregate care facilities, independent living apartments, assisted-care units, and senior apartments are being marketed, developed, and built to handle the needs of older adults. The changing lifestyle of older adults affects their transportation needs and usage as well. Trip generation and parking demand within this age group vary significantly from traditional residential uses because residents no longer have to be at work, pick up their children, or do their shopping at specific times. Also many senior communities provide on-site services to meet their residents' needs. This paper will present the author's experiences with senior housing and its trip and parking characteristics along with data on � projects in suburban Chicago, Illinois and around the United States. SENIOR HOUSING TYPES Older adults have many special needs that change ovet time. Many Seniors are clearly independent and need little assistance other than help with major chores or rep�irs. They are generally active and healthy. As time goes by, however, their need� change and grab bars become important, as well as, other features such as higher electrical outlets, emergenc,y response systems, and lower reach cabinets. Good nutrition, socialization, an� access to medical and supportive care alsc� becomes mare important. Several distinct t�rpes of housing nave been developed to a�commoda4E thes� needs: �enior Single Family Homes are senior-only subdivisions which have be�n developed for retirees ages 55 and up in the southeast and southwest sections ofi tlie United States. Th�se developments typically include recreational facilities. Many of the residents are retired. Senior Apartments are traditional apartment complexes with a minimum age requirement of 55 years o1d. Some amenities include recreational facilities, security, and special design featurss. Residents are independent and may still be working. Andep+�ndent L��ing Units are cottages ar apartm�nts were older adults live independently but without the worries of maintenance or housekeeping. Medical care can be available at the facility or by visiting medical staff. A variety of amenities are provided for the residents depending on the size of the community. � a Senior Transportation Consultant, Metro Transportation Group, Inc, Hanover Park, Illinois Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 1 • Assisted-Care Units are for older adults having difficulty managing in an independent living arrangement but who do not need nursing home care. Assisted-care is usually apartment living with additional staff to help with normal daily activities. Congregate Care Facilities contain a full spectrum of housing types in one development with town homes or cottages, independent living units, assisted-care units, and nursing care. Congregate Care Facilities (CCF) allow the elderly to age in one place with nursing care available if they need it. This is particularly important for elderly couples wishing to stay together with one spouse needing special care. CCFs are in essence self-contained communities. Table 1 lists the amenities that are typically available at a CCF. Table 1 Typical Congregate Care Facility On-Site Services and Facilities Standard Services Extra Services Common Faciliti • Main Meal of the Day • Breakfast and Lunch • Lounge Area • 24Hour Nursing • Extended Room Service � Dining Room • Daily Check-In • Specialized Diets • Library • Weekly Laundry • Guest Meals • Chapel o Utilities • Catering • Recreation Room • Housecleaning • Physician • Country Store • Organized Programs • Podiatrist • Pharmacy • In Room Food Service • PhysicaUSpeech Therapy • Arts and Crafts Room . • Bus Shuttle • Insurance • Workshop • 24-Hour Security • Chauffeur Service • Cafe • Complete Maintenance • Garages • Exercise Room • Free Parking • Telephone • Beauty/Barber Shop • Garbage Collection • Cable N • Bank Branch Office • Notary Public Service • 6'hotocopying • Solarium • Supportive Care Nurse • Whirlpoo! • Chaplain • Outsi�ie Patio • Garden Plots Source: Milwaukee, Wisconsin CCF Brnchure L.ITERATURE R�VIEW P, review was made of available data o� senior trip gener�tion and parkbng dera Informat�on was obtained from the Institute of Transportation Engineers Trip and Parkinq Generation Manuals, the authors fil�es, data from ather ronsultants, as wEi? as, information fror~i California, Arizona, and Flo�ida Depa�ments of Transportation. After reviewing the data, it became clear that the amount of data is small and that the definition of senior housing w�s not consistent among each source. The data did not distinguish befinreen the five categories mentioned previously. � Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 2 • FACTORS AFFECTING TRIP GENERATION AND PARKING Several factors affect the trip generation and parking demand at any particular facility. These include the number of dwelling units, nursing beds, average age of residents, resident's afftuence, number of employees, and available bus shuttle/chauffeur service. More data needs to be collected in order to properly analyze their relationship to trip generation and parking demand. The trip generation rates for individual facilities varied. Insu�cient information on all the survey locations made it difficult to statistically draw conclusions on individual impact of those factors. However, experience has indicated that as the average age of residents increases, the numl�r of trips and parking demand decreases. This is an obvious affect of the aging process. Nursing beds require more staff to service a patient needs than a more independent resident. When the proportion of nursing beds to residential units increases, the amount of traffic and parking generally increase. The economic well being of residents increases the likelihood that they own a car and thus drive and park. Lastly, bus shuttle%hauffeur service will provide an option to the auto for residents keeping traffic and parking rates lower. DAILY TRAFFIC GENERATION Information on daily trip ends was obtained from surveys by the California Department of Transportation (Caltrans) and the Florida and Arizona Departments of Transportation. This data generally categorized the facilities as retirement communities but included CCFs, senior apartment complexes, and may have nursing beds. The autho�'s data consisted of one CCF in Pennsylvania. Table 2 summarizes the trip data and rates. The average trip rate daily varied between 2.78 and 8.91 trips per unit. The variation in rates supports the conclusion that the number of units/beds is not the only variable influencing trip production. • The weighted average trip ends were 4.52 trips per unit which included one large development of 3,122 units. Without the 3,122 unit project, the weighted average rate was 5.64 trips per units. The weighted daily trip generation rate, was 5.64 trip ends a day for senior housing developments. Senior housing generates two-thirds the amount of traffic compared to a typical single-family development. It's closer to other multi-family categories, including apartments (6.47 trips/unit) and condominiums or townhouses (5.86 trips/units). Table 3 shows the weekly variation 9n volumss based on one facility. The weekday volumes were consistent. Weekend traf.�'ic volumes were slightly lower. Tabfe 4 illustrates the hourly distribution of trafFic throughout ar� average u�eekday, Saturday, and Sunday. The peak-hour volumes of the facility occurred at lunch time and mid-afternoon (2:00 to 4:00 PM). Caltrans data indicated that the peak-hour occurred betweer� 11:04 AM and 4:00 PM, depending on the facility. These peak-hour times do not coincide with the peak-hour �of adjacent street traffic becat�se the residents do r�ot have or want to travel during the rush hour. Also, the employee shifts are generally off peak. Most facilities are staffed 24 hours a day with a 7:00 AM-3:00 PM, 3:00 PM -11:00 PM, 11:00 PM- 7:00 AM shift schedule. Some administrative staff follow a typical 9:00 AM to 5:00 PM shift. PEAK-HOUR TRIP GENERATION RATES Tak�te 5 shows the trip generation rates for eight facilities durin� the morning and ev�ning peak-hour of the adjacent street system. The weighted average trip rate was 0.222 trips per unit/bed in the morning peak and 0.247 trips per unit/bed in the evening peak. Trip rates ranged from 0.085 to 0.450 per unit. The directional splits were 65% inbound and 35% outbound in the moming and 40% inbound and 60% outbound in the evening. Compared to other residential land-uses, senior developments generate significantly less traffic on a per unit basis. � Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 3 � Table 2 Table 3 Daily Trip Generation Rates for Senior Housing Weekly Volume Distribution Number of Daily Trip Day of the Week Percentage Source Dwelling Units Trips Rates Monday 15% Tuesday 15% Caltrans 3122 9630 3.09 Wednesday 16% 300 830 2.78 Thursday 17% 108 310 2.87 Friday 15% 76 260 3.42 Saturday 12% 460 2252 4.90 Sunday 10% Florida 366 3262 8.91 DOT 560 1985 3.55 Total 100% 187 1449 7.75 120 901 7.51 127 561 4.42 Table 4 Arizona 125 972 7.78 Hourly Traffic Distribut DOT 176 855 4.86 Start Average 74 447 6.04 Hour Weekday S�turday Sunday 60 285 4.75 12:00 AM 1.46% 1.45% 2.76% 216 1386 6.42 1:00 AM 0.07% 0.12% 0.26% • 175 1058 6.05 2:00 AM 0% 0.00% 0.26% 129 941 7.30 3:00 AM 0.12% 0.00% 0.00% 112 922 8.23 4:00 AM 0.46% 0.00% 0.66% 106 820 7.74 5:00 AM 0.41 % 0.60% 0.39% 89 538 6.05 6:00 AM 1.94% 2.05% 1.71 % 81 529 6.53 7:00 AM 5.74% 5.06% 3.94% 60 494 823 8:Q0 AM 6.70% 5.06"/0 4.99% 59 432 7.30 9:00 AM 6.19% 5.78% 6.17% Perlrt. CCF 247 1163 4.71 10:00 AM 7.20% 9.40% 7.74% Weighted 11:00 AM 9.33% 9.04°.'0 8.53% Aver'dge 7135 322$2 4.52 12:Q� PM 7.Q5% 8.07% 8.01% 1:00 PM 7.44% 6.27% 4.86% Witf�out 4013 22652 5.64 2:00 PM 9.76% 7.59% 8.40% 3,122 units 3:00 PM 9.54% 10.24% 9.84% 4:00 PM 8.39% 9.40% 9.32% ITE Average Weekday Daiiy Rates 5:00 PM 5.26% 6.14% 6.96% 6:00 PM 3.14% 3.25% 3.54% Single-Famify (Code 210) 9.55 7:00 PM 2.90% 2.89% 4.20% Ap�rtment (Code 220) 6.47 8:Q0 PM 2.59% 2..05% 2.49% Condo/townhouse (Code 230) 5.86 9:00 PM 1.10% �.57% 1.31 % Congregate Care Facility (Code 251) 2.15 10:00 PM 1.24% 1.33% 1.05% 11:00 PM 1.96% 2.65% 2.62% • Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 4 � Table 5 Peak-Hour Trip Generation Rates Occupied Units Dwelling Nursing AM Peak PM Peak Facility Location Units Beds Total Volume Rate Volume Covenant Village Northbrook, IL 220 151 371 86 .231 133 Friendship Village Lombard, IL 620 100 720 86 .120 180 Presbyterian Home Evanston, IL 312 166 478 92 .193 139 Glenview Terrace Glenview, IL 243 243 2� Good Shephard Manor Barrington, IL 102 102 18 .180 17 Mayslake Oakbrook, IL 630 630 67 .106 75 Leisure Village New Jersey 200 200 65 .325 62 Pennsylvania CCF 210 37 247 78 .316 111 Totals 2537 454 2991 492 738 Weighted Average Trip Rate .164 .247 Inbound Percentage 65% 40% • Outbound Percentage 35% 60% Comparison to other ITE Residential Rates Single Family Homes (Land Use Code 26) 0.74 1.01 Apartments (Land Use Code 220) 0.51 0.63 Condominiums/Townhouses (Land Use Gode 230) 0.44 0.55 • Senior Housing Trip Generation and Parking Characteristics Institute of Trans�rtation Engineers 66th Annual Meeting Page 5 i PARKING DEMAND SURVEYS Parking demand characteristics were obtained from a number of surveys conducted in the Chicago metropolitan area The peak parking demand occurred during the mid-day befinreen 11:00 AM to 3:00 PM corresponding, in part, with the largest employee shift on-site. Table 6 summarizes those surveys. The peak day of the year is Mother's Day when many facilities run out of visitor parking, according to the on-site staff. The peak parking demand rates varied between 0.214 and 0.579 vehicles per uniUbed with a weighted average rate of 0.404 vehicles per uniUbed. Employee, resident, and visitor parking is included. This rate is one third to one half the parking rate of other residential uses. Readers should note that the survey sites with the higher parking rates generally have more nursing beds which requires more employees than the residential units. Table 6 Peak Parking Demand Surveys Peak Peak Dwelling Nursing Total Parking Parking Development Location Units Beds Units/Beds Rate Demand Covenant �Ilage Northbrook, IL 220 151 371 0.490 182 • Beacon Hill Lombard. IL 235 23 258 0.565 146 Friendship Village Schaumburg, IL 620 100 720 0.390 281 Presbyterian Home Evanston, IL 312 166 478 0.579 277 Glenview Terrace Glenview, IL 243 243 0.214 52 Mayslake Oakbrook, IL 630 630 0.408 257 EJM Enaineering Sfudies Lilac Lodge Waukegan, IL 203 203 0.315 64 Deerfield Place Deerfield. IL 98 98 0.230 23 ITE Parkina Manual. 2nd Ed Retirement Community (Land Use Code 250) 500 500 0.270 135 3061 440 3501 1417 VUeighted Average 0.404 ITE Parkina Manual. 2nd Edition Low/Mid-F�ise Apartments (Land Use Code 221) 1.21 High-Rise Apartments (Land Use Code 222) 0•88 Resideniial Condominium (La��d Use Code 230) 1.11 � Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 6 • Conclusions Based on the analyses and studies for this paper, the following findings were made: 1. The overall category of senior housing should be broken down into at least five categories for trip generation and parking demand purposes. These categories could be: • Senior Single-Family Housing • Senior Apartments • Independent Living Units • Assisted-Care Units • Congregate Care Facility 2. Several factors affect the trip generation and parking demand at any particular facility. Any new survey should include the number of dwelling units, nursing beds, average age of residents, resident's afFluence, number of employees, and available bus shuttle%hauffeur service. More data needs to be collected in order to properly analyze their relationship to trip generation and parking demand. 3. Daily trip generation rates were found to be 4.52 to 5.64 trip ends a day for senior housing developments. Senior housing generates finrathirds the amount of traffic compared to a typical single- family development. It's daily rates are similar to other multi-family categories, inciuding apartments (6.47 trips/unit) and condominiums/townhouses (5.86 trips/units). 4. Trip generation rates during the peak hour of adjacent street traffic are sign�cantly less because • most employees arrive/depart during off-peak periods and residents avoid the peak-hour congestion. The peak hour rates are one-half to one-fourth that of other residential land-uses. 5. The peak-hours of site traffic occurs in the late-moming or early aftemoon. f. The peak parking demand ax most senior facilities occurred midday with an average peak demand of 0.40 vehicles per dwelling unit for residents, employees, and visito.rs. Mothe�'s Day is the highest parking day of the year with many facilities short of spaces for that one day. References 1. Trip Generation Manual, 5th Ed�tion; Institute of Transportation Engineers; January, 1991 2. Parkina Generation Manual 2nd Edition; Institute of Transportation E��gineers; Au;gust, 1987 �. Parkina Reauirements for Retirement Centers Reauirements and Demands; EJM Engineering; May, 1987 4. 6th Proaress Reaort of Trip Ends Generation Research Counts; Califomia Department of Transportation; 1965-1970 5. Florida Denartment of Transportation Tria Generation Data 6. Arizona Department of Transaortation Tria Generation Data • Senior Housing Trip Generation and Parking Characteristics Institute of Transportation Engineers 66th Annual Meeting Page 7 • APPROVAL OF PR�PERTY OWNER The undersigned, TD Bank, N.A., by its Authorized Representative, having its principal place of business at c/o TD Bank, N.A., P.O. Box 9450, Portland, ME 04112, the Owner of the properry described in Exhibit A attached hereto, located at 4354-4546 County Line Road, Tequesta, FL 33469, having executed a Purchase and Sale Agre�m�rt to �€I! �aid property to Tequesta SL, LLC, a Florida limited l;abillty company, does hereby approve and consent to the filing by Tequesta SL, LLC, of an Application for a Spec(al Exemption In the form attached hereto relating to said property. Dated: 't a ►7a , 2012 TD BANK, N.A. By: � Printed Name � �. Authorized Repres�e,ntati`v� �'�� ��` �` � V • �• • STATE OF ` j �� � O�� `,,, �. COUNTY OF � r G�-,.t .� � I �— On this 1� day of ����eX' , 2012, before me, personally appeared the above-named, known to me, ar satisfactorily proven to be the person whose name is subscribed to the within instn.�ment, and acknowledged that he/she executec! the same for the purposes thsrein . � `�� Notary Public ``�� �tt����i �`� �l S• FR ��i � ���',�P� PU B ���9�: � � � � :� MY C�• � ' z Commtsslon — � � Explres : � s ,r ; 0 811 612 01 5 a Q-�� 'i0� •.....•'�\ r� �ti ;A �p` �� • TE(�UESTA 5L, LLC % LEGACY GROUP • 1QQ1 NORTH HIGHWAY ON�, SUITE 5QQ )UPITER, FL�RIDA 33477 Phone: 561436 6952 September 27, 2012 Ms. Nilsa Zacarias, AICP Department of Community Development Village af Tequesta 345 Tequesta Drive Tequesta, Florida 33469 RE: Tuscan Gardens at Tequesta Assisted LivingJMemory Care Facility Special Exception Application Dear Ms. Zacarias: � As the Contract Purchaser/Deveioper of the above referenced project, I hereby approve and appoint Randolph Hansen of InterPlan Inc to act in the capacity as applicant for the ai�ove referenced project. Sincerefy, TEQUESTA SL, LLC James ail � Managing Partner � • MEETING NOTICE The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursda.y, 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: 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 Village of Tequesta Code of Ordinances. The Applicant is requesting a Special Exception Use (adult living fac;ility) 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 variance to provide 100 parking spaces. Further, per Code, walls/fences may not be constructed forward of the front building 1ine. The applica;nt is sPekuig a varia�ce to allo�uv the constniction of a vvalU£enc� forward of the front bwiiding line. The subject pxaperty is lacated at 4534- 4546 County Line Road, Tequesta, FL 33469. "I`he above applications and a11 related documents are available for public examinatian and copyin; in the Office of the Village Clerk, Monclay throu�h Friday, between the hours of 8:30 a.m. a.nd 5:00 p.m. The Public Hearing may be continued from time to time, a.s necessary. All interested persons are encouraged to come to the Public Hearing and be heard. PLFASE TAK1+, NOTICE AND BE ADVISED, that if a person decides to appeal any decisiar� made with respect to any mat�er considered at these hearings, hr or she will need tm er�sure that a verhatim 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. PUBLISH: October 28, 2012 � � rE 9 VILLAGE OF TEQUESTA � ,. '�a � � � DEPARTMENT OF COMMUNITY DEVELOPMENT 9 ':.� � 345 Tequesta Drive • Tequesta, Florida 33469-0273 � 9 ` o . `3 0 �' (561) 7G8-0450 • Fax: (5G1) 7G8-0G98 ; 4 v � � Octcber 29, 2U12 Mr. Randy Hansen, President Inter Plan Inc. 399 N. Cypress Drive Tequesta, FL 33469 Subject: Request for V�xiance and Special Egception Use Tuscan G�rd�ns at Tequesta 5634 — 4546 County Line Road, Teqnest� 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 apglica.tions 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 heanng to present your application. Sincerely, ,- � J anne M. �urnsed sst. Director of Cammuni�ty Development Encl. Cc: James Hall Legacy Group :�O1 North U.S. Hw�. Cyne, Stute 500 Jupiter, FL 33477 � A � 23 0 24 . _. .., 24 79 �� " PALM _PG! i� � . C�UNTY LltiE ROAO � NT RpAO Cfr.� [�m- _��, �� ( �<,. # • � 2 30 ;` �. , F *. ._� '�' . O I I � � � { + ,� rtaaK srrsEEi s¢ ��� �. S � ! 1 i j i '� � 0 � P •f�.' == _ . a a > > > I ! � � � �t .� �y � r � • � � � � . � q . t9 ROBERT STitEET 0 _ .� o a o� `;--„— = W a sse'�'s •-- a I � s a • I +��. 3 a �` ` �a� � , , n � a e � a �+ a • �, �G� q . � i� ' . � f �'• y ♦ �. 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