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Home My WebLink AboutDocumentation_Regular_Tab 19_11/14/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: November 14, 2013 Consent Agenda: No Resolution #: Originating Department: Planning & Zoning AGENDQ ITEM TITLE: (Wording form the SUBJECT line of your staff report) � SE 02-13: Application of Tequesta Shoppes Shopping Center, for a special exception modification. The Applicant is requesting to modify a previously approved special exception by constructing new building fa�ades, constructing internal tenant upgrades, and making parking lot improvemPnts. The address of the proposed application is 105-185 U.S. One North. � . . .. Account #: N/A Amount of this item: � Current Budgeted Amount Available: Amount Remaining after item: � i Budget Transfer Required: No Appropriate Fund Balance: No � EYECUT�VE StlIY�IAARY OF t1AAJ4R tS$13ES: (This is � snap sltat descr'iption of the aQe�da its�) I Application of Tequesta Shoppes Shopping Center, for a special exception modification. The Applicant is i to modifj� a previously approved special exception by constructing new building facades, j constructing internal tenant upgrades, and making parking lot improvements. The address of the prop�sed i � application is 105-] 85 U.S. One North. I �'his Special Exception Use application is concurrent with SPR 09-] 3, which is part of the Nov. 14, 2013, Coun agenda. � Af'PitOVA SIGNAT ------ Departme�t Head -------------- _----- --�-- ---- ---- ---- � __ _.. — I Finance Director � ___` -------- _______-_-----___ �n � Reviewed for Financial Sufficiency � �` � No Financial Impact � _ '�i�� t — � Attorney: (for legal sufficiency) Village Manager: �-�� Submit for Council Discussion: � � � � Approve Item: ❑ / � Deny Item: � �-- - ---- �— ------- - i �SPECIAL lNSTRUCTIONS FOR CLERK: (if yo:� wish to have agreements signed, be sGre to include the —; � number of copies you want signed and piace "Sign Here" s#ick�r on them) � i I Form Amended: 10/20/11 VILLAGE OF TEQUESTA DEPARTMENT OF PLANNING AND ZONING '°�� Staff Report — Special Exception Use - Village Council Meeting -11-14-13 1. PETITION DESCRIPTION SE 02-13 APPLICANT: Brian M. Seymour, Esq. Gunster Law Firm 777 South Flager Drive, Suite 500 East West Palm Beach, FL 33401 OWNER: DDR Southeast Tequesta, LLC 3300 Enterprise Parkway Beac.hwood, Ohio 44122 PROJECT LOCATION: Tequesta Shoppes Shopping Center 105 US Highway One Tequesta, FL 33469 REQUEST: Application of Tequesta Shoppes Shopping CPnter, for a special exception modification. The Applicant is requesting to modi*y a previously approved speciai exception by constructing new building facades, constructing internal tenant upgrades, and making parking lot improvements. 2. LANQ llSE AND ZONING fX15TtNG �1ND USE FUTURE LAND US� zONtIVG ;} - � _ , . .:.; , i 5U8JECT ! C�rnrriercial j Commerci�l , C-2 Community Commercial � PROPERTY ; I ; � N�r#h � Residential Low Density Commercial TC-2 Community Commercial j Residential Low 7ensity ; R-2 Multifamily Dwelling i i � i South � Commercial Commercial C-2 Community Commercial Unincorporated County � Unincorporated County i ' East Residential Lo4v Density Residential Low Density ! R-2 Multifamily Dwelling � Residential Medium Density Max 5.4� DU'S per acre I � ;-------- - V'Jest M-U Mixed Use M-U Mixed L'se M-U Mixed Use i tUS Hwy One) (US Fiwy One) (US Hwy One) � _ --�-- I I 1 Department of Planning and Zoning - Staff Report -Special Exception Use Application — Village Councif —11.14.13. s VILLAGE OF TEQUESTA DEPARTMENT OF PLANNING AND ZONING Stoff Report — Special Exception Use - Village Council Meeting -11-14-13 1. PETITION DESCRIPTION SE 02-13 APPLICANT: Brian M. Seymour, Esq. Gunster Law Firm 777 South Flager Drive, Suite 500 East West Palm Beach, FL 33401 OWNER: DDR Southeast Tequesta, LLC 3300 Enterprise Parkway Beachwood, Ohio 44122 PROJECT LOCATION: Tequesta Shoppes Shopping Center 105 US Highway One Tequesta, FL 33469 REQUEST: Application of Tequesta Shoppes Shopping Center, for a special exception modification. The Applicant is requesting to modifiy a previously approved special exception by constructing new building fa�ad�s, constructing internal tenant upgrades, and making parking lot improvements. 2. LAND USE AND ZONING 'x y - , i � ,�tix :*�Yl��..p. y SUBJECT Commercial ' Commercial G2 Community Commercial 5 PROPERTIf North Residential Low Density Commercial C-2 Community Commercial Residential Low Density R-2 Multifamily Dwelling South Commercial Commercial C-2 Community Commercial Unincorporated County Unincorporated County East Residential Low Density Residential low Density R-2 Multifamily Dwelling Residential Medium Density Max 5.4� DU'S per acre West M-U Mixed Use M-U Mixed Use M-U Mixed Use (US Hwy One) (US Hwy Onej � (US Hwy One) ( 1 Department of Planning and Zoning - Staff Report -Special Exception Use Application — Village Council —11.14.13. . 1. BACKGROUND The subject application is requesting a Speciat Exception Use Modification to an existing Shopping Plaza pursuant to Section 78-362 (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". Tequesta Shoppes is located on the C-2 zoning district. "Shopping Plaza" is a Special Exception Use per Sec. 78-177 (d) (14) of the Village of Tequesta Code of Ordinances. Tequesta Shoppes development process started in 1985 as a commercial plaza named "Pride Ptaza". Throughout the years, the shopping plaza experienced modifications such as the addition of Stain Mart which was approved for development in 2007. The proposed application does not increase the sauare foota�e of the buildin� footprint. However. the subiect application includes new columns on the walkwav area in front of previous Stain Mart. and an increase of the roof covera�e area. An internal renovation will convert the previous Stain Mart area into two (2j ne�.� retail tenants. The subject application includes the foflowing modifications to the site plan which is concurrent to this approval process: A- Architectural modifications to upgrade all shopping center fa�ades. B- Aesthetic modifications to the Uniform Sign Format including monument and wall signs. C- Upgrade existing landscape throughout the plaza. D- Handicap parking will be modified to comply with ADA requirements. Along with relocation of the ADA spaces, there will be changes to the locations of the handicap ramps. Parking area will be resurfaced also. E- Upgrade of dumpsters. F- Reconfiguration of the previous Stain Mart docks. Currently the two loading docks are located one on the south and the other north side. The loading dock an the south side wil! be closed off with bollards and reiocated on the north side. This wi{I provide a singie loading dock area fior two trucks that will be used jointly by the two new tenants. 2. STAFF ANALYSIS The following staff analysis inc{udes a review and compliance with Criteria for Granting Special Exception (Section 78-363), ar�d Findings Required for Approval (Section 78-364j regard�ng Special Exception Use. CRITERIA FOR GRANTING SPECIAL EXCEPTION Per Section 78-363 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 Sec. 78-177 (dJ(14) Speciat Exception Uses permitted in the C-2 Community Commercial District of the Vil(age of Tequesta Code of Ordinances — Shopping Plaza is a permitred special exception use. I 2 Department of Planning and Zoning - Staff Report -Special Exception Use App(ication — Village Council —11.14.13. 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morais will be protected. Tequesta Shoppes development process started in 1985 as a commercial plaza named "Pride Plaza". Throughout the years, the shopping plaza experlenced modifications such as the addrtion of Stain Mart which was approved for development in 2007. The proposed modi�cation is compatible with the overall character of the C-2 district and is so designed, located and proposed to be operated so that al/ pub/ic health, safety, welfare and marals will be protected. 3. The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. The proposed modification will not cause injury to the value of other properties in the neighborhood. Tequesta Shoppes complies with the reguired setbacks from adjacent residential areas. There is landscape buffer 1 and a wall separating the adjacent residential neighborhood. The applicant intent is to upgrade the existing shopping plaza by constructing new building fa�ades, constructing internal tenan� upgrades, and making parking lot improvements. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. The proposed use modi�cation is compatible with the overall character of the C-2 zoning district. The proposed project is bordered by residential subdivisions. Tequesta Shoppes comp/ies with the required setbacks from adjacent residential are�s. There is landscape buffer 1 and a wall separating the adjacent residentia! neighborhood. The applicant met with residents of Key West Vil/age on October 3, 2013. It was an informational meeting to convey the upcoming shopping plaza upgrade project and related features. 5. Adequate landscaping and screening is provided as required in this chapter. Village Code requires a Min. 2S percent landscaped open space. Existing open space is 14.8 percent since this shopping p/aza received waivers in terms of /andscaping open space thorough previous development approvals. The applicant is proposing 14.9 percent Iandscaped open space. The applicant met requirement regarding native plants: 60 percent proposed plant material are natives. 6. Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interfarence with traffic on abutting streets. Village Code requires 438 parking spaces (Shopping Plazas: 1 space per250 sq. ft.J. The applicant is proposing a tai�a/ of 589 off-street parking spaces from which 575 spaces are standard and 14 spaces comply with ADA requirements. FINDINGS REQUIRED FOR APPROVAL Per Section 78-364 of Viliage Code, before any special exception is granted, the Viilage Council shal! apply the standards set forth in this division and shali determine that satisfactory provision and arrangement of the fallowing factors have been met with the applicant, where applicable: I 3 Department of Planning and Zoning - Staff Report -Specia! Exception Use Application — Village Council —11.14.13. 1. Compliance with all elements of the Village Comprehensive Plan The subject property is located in the Commercial Future Land Use designation. The proposed modification complies with Policy 1.1.2 "the Village's Land Development Regulations shall conform to, and implement, the use, density and intensitystandards as outlined on Table FLU-1". In terms of the Commercial designation Table FLU-1 states "Activities related to the sale, lease or distribution of products and/or the provision of services". The subject application meets this provision of the Comprehensive Plan. Tequesta Shoppes development process started in 1985 as a commercial plaza named "Pride Plaza': Throughout the years, the shopping plaza experienced modifications such as the addition of Stain Mart which was approved for development in 2007. 2. Ingress and egress to property and proposed structures thereon with particular reference to automoti�e and pedestrian safety and convenience, traffic fiow 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 in place at the existinA shoppinp plaza. 3. Off-street parking and loading area, where required, with particular attentian to the items in subsection (2) of this section. A concurrent site plan modification is being requested with this Special Exception application. The applicant is in compliance with Section 78-705. Required Number of Parking Spaces. Village Code requires 438 parking spaces (Shopping Plazas: 1 space per 250 sq. ft.). The applicant is proposing a totat of 589 off-street parking spaces from which 575 spaces are standard and 14 spaces comply with ADA requiremenfs. 4. Nuisance factors detrimentai to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but necessarily be limited to noise, ador, srrzoke, glare, electrical in#erFerence and/or mechanical vibrations. The proposed modification is compatible with the overal! character of the district. The facility is designed to provide an environment whereby noise, odor, smoke, glare, electrica! interference and/or mechanicai vibrations are controlled through proper screening. Teguesta Shoppes has been at the Village of Tequesta far over 2a years; its development process started in 1985 as a commercia/ plaza named "Pride Piaza". 5. Utilities, with reference to location, availability and compatibility. A concurrent site p/an modi�cation is being requested with this Special Exception application. The applicant provided reguired agency letters. 6. Screening and buffering, with reference, to type, dimensions and character. T.he existing buffering meets the Village code requireme,�t for landscaping, wails and setbacks. The proposed modification meets this requirement. 7. Generai compatibility with adjacent properties and other property in the district. Teguesta Shoppes has been at the Village of Tequesta for over 20 years; its development process started in 1985 as a commercia/ plaza named "Pride P/aza". The commercfai p/aza is compat+ble I 4 Department of Pianning and Zoning - Staff Report -Speciai Exception Use Application — Viliage Council —11.14.13. with adjacent properties and surrounding neighborhood. The proposed modification is compatible with the overall character of the C-2 zoning district and surrounding residential areas. 8. Whether the change suggested is out af scaie with the needs of the neighborhood or the village. The proposed modi�cation is compatible with the neighborhood and the Village as whole. 9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular use invoived. There are no special requirements set out in the schedule 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 on 11.3.2013; 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. r �� This report was prepared by Nilsa Zacarias, AICP, I 5 Department of Planni�g and Zoning - Staff Report -Special Exception Use Application — Village Council —11.14.13. . � F Tf VILLAGE OF TEQUESTA . � � • s ' - DEPA.RTMENT OF COMMUNITY DEVELOPMENT � `� a 345 Tequesta Drive • Tequesta, Florida 33469-0273 �3 '� ,� (561) 7G8-0450 • Fax: (561) 7G8-0G98 ; �� h y co PUBLIC NOTICE VII�LAGE OF TEOUESTA Public Notice is hereby given that fihe Village Council of the Village of Tequesta, will conduct a public hearing on Thursday, November 14, 2013, at 6:00 p.m., or as soon thereafter as possible, continuing from time to time and place to ptace as the said meeting(s) may be adjourned, in tlie Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida; the Tequesta Village Co�incil will hear public comments and make final decision on the following request: SE 02-13: Application of Tequesta Shoppes Shopping Center, for a special exception modification. The Applicant is requesting to modify a previously approved special exception by constructing new buildin.g fa�ades, constructing internal tenant upgrades, and making parking Iot impravements. The address of the proposed application is 105- 185 U,S. One North. , Related documents are avaitable for inspection and copying in the office of the Village Clerk in. the Village Hall, Monday through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may submit written or oral comments befare or at the pubiic hearing. ' If a person decides to appeal any decision ma.de by the Village Council with respect to any matter considered at such meeting or hearin.g, that person will need a record of the proceedings, • and for. such piupose, that persoi� may need to ensur� that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Village of Tequesta does not provide such a record. Posted: November 4, 20l 3 � � DEPARTMENT OF COMMIJI�IITY DEVELOPMENT 345 Tequesta Drive, Tequesta, FL 33469 Phone: 561-?68-U450 Fax: 561-768-0698 Date: R�CEIVED OCT�29 201� SPECIAL EXCEPTION APPLICATION PROJECT NO: � �� " / � The undersigned requests a Special Exception far the Use Specified below. Should this agplication be approved, it is understood that it sha11 only authorize that particular use described in this application and any conditions or safeguards required by the Village of Tequesta. PROJECT NAME: Tequesta Shoppes PRO�CT ADDRESS: 105 North US Highway 1 PROPERTY CONTROL NO: 60-43-40-30-00-003-0050 Applir.ant Name: Brian M. Seymour Esq. Applicant Address: 777 South Fiagler Drive, Suite 500E, West Palm Beach, FL 33401 Applicant Phone No: `�6 9-650-0621 Cell No: 561-379-6865 FAX No: 561-655-5677 E-Mail Address: bseymourC�gunster.com E�isting Use: Shopping Center Descriptian of Special Exceprion: Shopping Center consistent with existin use. Request coordinates with concurrently filed App(ication for Site Plan Review Property Owner: DDR Southeast Tequesta� L.L.C. APPLICANT SHALL INCLUDE THE FOLLOWING WITH THE APPLICATION: 1. Current svrvey or site plan of properry showing structures and setbacks. 2. Drawings to scale of proposed improvements requiring special excepteon use. 3. Wriiten approval from property owner if other than applica.n.t. 4. All documentation required. by Code: Chapter 78 — Zoning, Division 3— Special Excegtion Uses 5. Fifteen (15) copies of all submittals. 6. List of all owners of property within a 3(JO-foot radius of the boundary lines of the property for which a special exceptian is requested. The list shall be provided by the applicant fram the most recent tax roll iuformation as provided by the caunty appraiser's office. The applicant must furnish an affidavit signed by the person responsible f�r providing the list. Stamped enveloges for each required. 7. Speciai Exception Agplicaiion Fee f$504.00) PLUS Application Review Fee(�300.1)0) = T07'AL: �800.0� *To cover all additirrnal administrative costs, actual or anticipa#ed, including, but not {irr�ited to, engineering fees, consultant fees and special studies, the applicant shalf compensate the Village for alf such costs prior to the precessing of the appiication or not later than thirty (30} days after finai appiication approval, whichever is determined as appropriate by the Village. � �3 p icanx's Si e Da e AGENT AUTHORIZATION Date: S�ro� Village of Tequesta Department of Community Development 345 Tequesta Drive Tequesta, Florida 33469 Re: Agent Authorization You are r�ereby advised that the undersigned is the authorized representative of the owner of the property described in Exhibit 1 attached hereto. Said owner hereby authorizes and empowers Brian M. Seymour, Esq. and the Gunster law firm to act as agent to file application(s) for Special Exceptions and Site Plan Reviews for the above referenced property and in connection with such authorization to make presentations and �le such applications, papers, documents, requests and other matters necessary for such request. DDR Sout ast T esta, L.L.C. $y: . o�� Its: � � STATE UF {,� I O COUNTY OF �Ul,l�[�l(,,�► The foregoing affidavit was sworn , and subscribed before me this �� day of • , , 2013 by � � •��i , who is personally kno to me or has rroduced N� as identi�cation. . . .�� t - v-..,.., ,.2 riiA� ��1�11�1i1 `- - ,,`�� j"� �� ,'� �� r ��aN��, rui. �a�t�� .�°� '°� s N��►�Y P��bl� �� ° Notary Public / rE : � �T�T� �� c�� _ �� My Cornrnission Expires: / "'':'. �',��`r�i..6P a. \ e ,� ��`� : °��c 1�� , �a� 4 / ��%i� �� WPB_ACTNE 5593707.1 � M:. 4 � ..� : 3 I �� .'�A� 4 3_tl'. 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GUNSTER FLORIDA'S LAW FIRM FOR BUSINESS Our File Number: 36749.1 Writer's Direct Dial Number: (561) 655-1980 Writer's E-Mail Address: bseymour@gunster.com August 27, 2013 Nilsa Zacarias, Director Village of Tequesta Department of Community Development 345 Tequesta Drive Tequesta, FL 33469 Re: Tequesta Shoppes — Special Exception Petition Dear Nilsa: It is our pleasure to submit on behalf of our client DDR Southeast Tequesta, L.L.C. ("Owner"), a Special Exception Petition ("Petition") for the Tequesta Shoppes Shopping Center ("Shopping Center") located at 105 North US Highway l, Tequesta, Florida. Our Petition does not modify the existing Shopping Center use or Shopping Center footprint. It is being provided only due to the nature of the Village Code that requires a petition in conjunction with certain upgrades that are proposed for the Shopping Centex by a concurrent Application for Site Plan Review. The Petition is being filed in conjunction with an Application for Site Plan Review ("Site Plan") that provides for a fa�ade upgrade for the entire Shopping Center as part of an upgrade to bring a fresh new look to the Shopping Center. The Site Plan will improve the parki.ng lot aesthetics and efficiency by adding a fresh asphalt overlay, improve ADA accessibility (including resolution of pending code enforcement matters), and upgrade and improve signage, including fa�ade signage, parking lot signage, and the main pylon sign, and pavement markings. The Site Pian w�ill also provide internal tenant upgrades to convert the old Steinmart anchor into new space for two (2) nationally recognized retail tenants. The Shopping Center is an existing use that remains a permitted special exception in the zoning district. The use and design of the Shopping Center, including ingress and egress, landscaping, screening, parking and loading, and provisions for utilities remain unchanged by the Site Plan and the Petition. The Shopping Center has ?�een a vital asset for the Village of Tequesta for iiearly u0 years, and is in need of a face lift to maintain the high level of quaiity Tequesta deser��es, The new axchitectural fa�ade improvements and new anchor tenants will provide Village residents with a first class shopping center. The owners are proud to be a part of a vibrant community like Phillips Point 777 South F!agler Drive, Suit2 500 East West Palm Beach, FL 33401 p 561-655-1980 f 561-655-5677 GUNSTER.COM Fort Lauderdale � Jacksonville I. Miami � Palm Beach � Stuart � Tallahassee I Tampa I Vero Beach � West Palm Beach ; Nilsa Zacarias, Director . August 27, 2013 Page 2 Tequesta. The upgrades and new tenants will improve the quality of life and aesthetics for the entire town as the Shopping Center is an established and well known Shopping Center located along Tequesta.'s main commercial corridor, US Highway 1. Pursuant to Section 78-370(a), this Petition seeks approval under Section 78-362(3), large scale. It is important to note that the Petition does not request nor require an expansion or enlargement to the Shopping Center use or Shopping Center footprint. We are not seeking even one square foot of expanded retail space, changing points of ingress or egress, impacting traffic, nor decreasing the approved parking or landscaping/open space that presently exists on the property. However, because the Village considers the Site Plan request a"revision" in accordance with Section 78-362, this Petition is being made to accommodate this interpretation. The Shopping Center is an existing, approved commercial facility which received all required Village of Tequesta approvals prior to being built in the mid 1980's. The Shopping Center has been a vital part of the community since 1986. The Shopping Center is located on US Highway 1, which is the major commercial corridor in Tequesta. Providing these commercial retail uses along US Highway 1 complies with the Village's Comprehensive Plan and Zoning and Land Development Regulations. The Shopping Center was approved and built according to the standards in place during the time of its constructions. The Shopping Center complies with the intent of the review standards faund in Sections 78-363 and 78-364. Due to the legal nonconforming staius of the Shopping Center, the Shopping Center is exempt from review under Sections 78-363 and 78-364. When no change to use on building footprint occurs, the Owners have the right to provide improvements to the property. The current Petition is being processed because no other Village of Tequesta application is available for the type of improvement sought by the Owner. We look forward to working with the Village of Tequesta to provide for these improvements. Si er y, � Br' M. Se m BMS/lmc cc: Client Heidi Henderson, P.E. WPB_ACTIVE 5599013.2 a . ,� � � � . , � �� _ �-_ _ � : �;: ,!� � � �� '� �.� - _; ' ��' � E� � � . . . �_ � '� r �r y v. 'w � . r � .�� . . : �' �' ..� . .� � I�i �'` .-. ��r ~ . � � , �. � ,� �� zj^ ` ' . } � fl �. ; ¢ �� ,�„` . __ _ � `' �, � . _ . � R.� �� ti � . ? - wT'. y � �• ,r� � ��'� - 1 ' r �� . � . 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