HomeMy WebLinkAboutDocumentation_Regular_Tab 14_09/11/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
September 11, 2014
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SEU 01-14. SApplication of Bogland Taverns, Inc., 187 Tequesta Drive, Tequesta, FL 33469, for a Special
Exception Use per Code Section 78-180 Mixed-Use District (i) Special Exception Uses (1) Restaurants (including
carryout).
.
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 MAJOR ISSUES: (This is a snap shot description of the agenda item)
SEU 01-14 Application of Bogland Taverns, Inc., 187 Tequesta Drive, Tequesta, FL 33469, for a Special
Exception Use per Code Section 78-180 Mixed-Use District (i) Special Exception Uses (1) Restaurants (including
carryout).
APPROVALS: SIGNATURE:
Department Head ( �� g Z Z/��f
�����1 e,� Z.LG�� �f
Finance Director: — '
Reviewed for Financial Sufficiency ���� p��� ���
No Financial Impact � �.__... _. . � �'! �
Attorney: (for legal sufficiency)
Village 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)
Form Amended: 10/20/11
� � VILLAGE OF TEQUESTA
� �
�:� DEPARTMENT OF COMMUNITY DEVELOPMENT
Staff Report — Village Council Meeting — 09.11.14
1. PETITION DESCRIPTION
OWNER: Mr. Francis Gillespie
Bogland Taverns, Inc.
187 Tequesta Drive
REQUEST: The Applicant is requesting approval for a Special Exception Use for a restaurant on an
existing 6,224 sq. ft. building per Code Section 78-180 "Mixed-Use District (i) Special
Exception Uses (1) Restaurants (including carryout)".
2. LAND USE AND ZONING
EXISTING LAND USE FUTURE LAND USE ZONING
SUBJECT Mixed Use Mixed Use Mixed Use
PROPERTY
North Mixed Use Mixed Use Mixed Use
South Mixed Use Mixed Use Mixed Use
East Mixed Use Mixed Use Mixed Use
West Mixed Use Mixed Use Mixed Use
3. BACKGROUND
The subject property located on 187 Tequesta Drive was approved as a restaurant along with the
Tequesta Oaks Development in 1996 (see attached approval letter). Required parking space for the
restaurant was provided by combining onsite parking spaces and additional parking spaces located
across Tequesta Oaks Drive to the east and abutting the bank site.
Once the restaurant parcel was sold by the original developer and owner, Divosta, the new restaurant
site owner signed an agreement with Divosta to continue using the parking located across Tequesta
Oaks Drive to the east and abutting the bank site. The subject agreement was discontinued years ago,
and currently the restaurant site lacks sufficient parking spaces.
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Department of Community Development - Staff Report 8.22.2014 — Special Exception Use — 187 Tequesta Drive
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The restaurant has been for vacant and for sale for a number of years. During this time, the Village has
been approached by different potential buyers. The fact that the restaurant site does not comply with
required parking for a restaurant use is a critical constraint for potential buyers.
4. STAFF ANALYSIS
Per Code Section 78-363 and 78-364 of the Village Code, Special Exception Use shall be permitted only
upon authorization of the Village Council provided that such uses comply with the following
requirements:
Section 78-363. Criteria
(1) The proposed use is a permitted special exception use.
Per Code Section 78-180 "Mixed-Use District (iJ (1) Restaurants (induding carryout)" is a
permitted special exception use. The subject application is requesting approval for a Special
Exception Use for a restaurant usin� the existin� 6,224 sa. ft. buildin�.
(2) The use is so designed, located and proposed to be operated so that the public health, safety,
welfare and morals will be protected.
The subject property located on 187 Tequesta Drive was approved as a restaurant along with the
Tequesta Oaks Development in 1996. A number of restaurants have been located on the subject
site previously. The subject application will not impose harm to the public health, safety, welfare
and morals.
(3) The use will not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
The subject application will not will not cause substantial injury to the value of other property in
the neighborhood where it is to be located. The subject property located on 187 Tequesta Drive
was approved as a restaurant along with the Tequesta Oaks Development in 1996. A number of
restaurants have been located on the subject site previously.
(4) The use will be compatible with adjoining development and the proposed character of the
district where it is to be located.
The subject application for a"Restaurant" will be compatible with adjoining development and the
proposed character of the Mixed Use district.
(5) Adequate landscaping and screening is provided as required in this chapter.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The P&Z Board might request additional landscaping and screening.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to
cause minimum interFerence with traffic on abutting streets.
The applicant is reyuesting a Variance from the Village's Code Section 78-705 (29J Reyuired number
of parking spaces for a restaurant use. The applicant is seeking approval to reduce required parking
spaces from 62 to 38 spaces.
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Department of Community Development - Staff Report 8.22.2014 — Special Exception Use —187 Tequesta Drive
Section 78-364. Findinas Reauired for Aaproval
1. Compliance with all elements of the Village Comprehensive Plan
The subject property is located on Mixed Use future land use district. Policy 1.1.2 of the Village
Comprehensive Plan states that The Village's Land Development Regulations shall conform to, and
implement, the use, density and intensity standards as outlined on Table FLU-1. The subject
application is a permitted Special Exception Use in the Mixed-Use district. A Restaurant use is in
compliance with this provision of the Comprehensive P/an.
2. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenience, trafFic flow and control, and access in case of
fire or catastrophe.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The Development Review Committee (DRC) will review safety , traffic flow and
control, and access in case of fire or catastrophe.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
The applicant is requesting a Variance from the Village's Code Section 78-705 (29J Reyuired number
of parking spaces for a restaurant use. The applicant is seeking approval to reduce required parking
spaces from 62 to 38 spaces.
4. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole.
Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical
interFerence and/or mechanical vibrations.
The subject application is compatible with the character of the surrounding neighborhood, and it
will not be detrimental to adjacent and nearby properties and the village as a whole. The subject
property located on 187 Tequesta Drive was approved as a restaurant along with the Tequesta Oaks
Development in 1996. A number of restaurants have been located on the subject site previously.
5. Utilities, with reference to location, availability and compatibility.
The subject application will not have an impact on the utilities.
6. Screening and buffering, with reference, to type, dimensions and character.
The subject application will be submitted for site plan review and it will be heard by the Planning
and Zoning Board. The P&Z Board might request additional landscaping and screening.
7. General compatibility with adjacent properties and other property in the district.
The subject application is compatible with the character of the surrounding neighborhood, and it
will not be detrimental to adjacent and nearby properties and the village as a whole. The subject
properly located on 187 Tequesta Drive was approved as a restaurant along with the Tequesta Oaks
Development in 1996. A number of restaurants have been located on the subject site previously.
8. Whether the change suggested is out of scale with the needs of the neighborhood or the village.
The subject application is compatible with the character and uses of the neighborhood and the
Village.
9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular
use involved.
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Department of Community Development - Staff Report 8.22.2014 — Special Exception Use —187 Tequesta Drive
The applicant is requesting a Variance from the Village's Code Section 78-705 (29J Required number
of parking spaces for a restaurant use. The applicant is seeking approva! to reduce required parking
spaces from 62 to 38 spaces.
5. 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 8.31.14 ; and, it was also mailed to all property owners located
within a 300-foot radios of the property for which a special exception is requested.
Per Code Section 78-367, a special exception shall commence with 12 months from approval date; and
only one extension shatl be permitted by the Village Council up to six months.
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Department of Community Development - Staff Report 8.22.2014 — Special Exception Use —187 Tequesta Drive
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~ �TILL.AG� �� TEQ�TESTA, �
, � DEPARTIu�NT OF C0�'fY DEVEL(?PMENi'
:_ " a Post Offlce B�x 3273 � 357 Tequesta Drive
' �} Tequesta, Ploxida 33469-0273 e(4Q�575-6220 �
� ` Fax: (40� 575-6239
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�ctaber 8, 1�996
11r�-. Donaldsor� E. Hearing �
Cotleur Heari�� Inc.
1D70 E. Indiatrtown Road, Ste. 402
Jtzpiter, � 33477
Subject: ViIlage Co�ncil Action �
. Tequesta Oaks Developmen� �'equ�a Drive
R�aurant and 16t? Duplex Townho�n.es
Public I�earing for Special Exception Use (Resta�ara.nt in M-U Dist�ict}
Site Pla.� Review (In.cluding Signage), aad Lan,dscape Waiver '
Dear Mr. Hearing. .
. This lette� is to confum the action of the Viliage Counci� of the Villa.ge of Tequesta at #heir JuIy
. 2, 1996 meet�g acting �pon youx applica�ions for the above s�bject �s fallows:
"Approved the Special Exceptio�z, Site Plan Review an�I the Iandscape waive�s as
� submitted. Tt was fi.�.e consensus of'the Village Council that Ehe Homeovmers Associatian
, vvould maintain the dry retention areas only and the remair�der of the drainage systems
� wQUld be ma.intained and operated 6y the Village through its stormwater utility.
� �
� If you i�ave any questions regarding this rr�atter, please feel€ree to c.ontact rne. .
Very truly youxs,
� �i�f �• �?C��
; Scott D. Ladd, C.B.O.
' Buitding �Qfficial
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Recyded Paper
DEPARTMENT OF GQMMUNITY UEV�i�OPN[EPIT
34S Tequesta Qrive, Tequesta, FL 33469
Phone: 561-768-0450 Fax: 561-768-0698 �
Date:
1, r
�' �PECIAL EXCEPTION.�PPLICA'IZO�i
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PRU.�CT I�U: �� LI $� �''�u
The undersigned requests a Spe�ial Exception for the Use Specified bctlow. Should this application ba approved,
it is understood that it sf�ali only authorize that particular use described in this application and a�y conditions or
safeguards required 6y the Village ofTequasta.
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PROJBCT NAM�: �� � J � T � 5.�. ��1 � 1 ��t O� �" �- � °`'� d � �
f'ROJECT ADDRESS: ���.U�€%�i� ��, f r,C��� ��' � ��� �
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PROPER7`Y CONTROL N�: `'� ° � �i° 7 � ' �� ' � � " � � " �
Applicant Name: � t��.7 l../�+� � � �1� � � � 5 � � � • . •'
Applicant Address:. � � `� � f �C� �S � � �� � J G � � �=-->7 ��C— � � `� � �
Applicant Fhane Nv: ,���ol�� ��r ���� Cel1 Pdo: • r a,
F,AX Nv (+l�t� E-Mail Address: ���c��P`S �'�"/�
� Existing Use• ��f;-���' �� i,��.' f�.�'�'
Description of Special Excep#ion: ��� � � �c� �� ��� %�� •� ``�� , g�� �'�
�i'�a�►� �� 1��� � lfA� i�%%�Pr�da� 90r'�� � ��° �'�i eG� �-- �scG� i� r.t o�� � �
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�t �'l� a G i -
� �eoperty Qwner:� � �` 4 ' ��',1 r`� ��� t 9�� � �,�i,��� �:�1 lrl, o � %
� .A.PPLICAI� S�IALI. ][1�TCI.UDE THE FOLI�OWING �V�'I'�I 7f`H� AP]PLI�,A�'gt)�1: .. ,
q 1, Current survey ar siEe pfan of proper[y showing structures and sethacks.
� 2. Drawrings to scale of praposed improvernents reyuirirtg special ExcepLion use.
� 3. Written approval from gropet�y owner if other than appiicant. . - �
4. Ali documentation required by Code: Chapt�er 78 - Zoning, Division 3- S�ial ExeeptlUn Usss _
' S. Fifteen (IS) copies of alI sttbmittats. �
' 6. List of afl owners of property wxfhin a 300 radit�s of the �uruiaty lin�s of the �for whicl� a
3 speciat exception is requesYed. The list shall be provided 6y tl�e applicant fram th� recerrE Yax roll
', information as provided by the county apAraiser's office. The applicant must furnish an a�davit sigrted by the .
'; person respoi�ible far providing tha list. Stamped envelopes for each e�ui�t.
; T. Special Exception Applicatian Fee ($SOQ.00) PLUS Applic�tion �Revi�w Pee{$300.Q0) _ �'1��'_�be $8�D,OQ
!
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i �*To eover all additional adminiserative costs, actua4 or indudin�, but nat Ilrr�fted to, engineer(ng fees, consultant
; fees and special studles, t�►e applicant shail compensate the viilage for all su�h co�ts prioK to the processing of the applicatlon
', or rrot later than thirty (34� days after €tnal applicatlan approval, whichever is determined a9 eppropriate by #he Vlllage. �
; ----_---�.�._._w.�,__....__��._... -- --�..�,�_.._.W_�.�a.� - -.,._,_..... �e..�.�,,.
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� ' f � plicant' Signature ��� _- .
SPECIAL EXCEPTION APPLICATION
PROJECT NO: � U, � I I�
PROJECT NAME: 187 Tequesta Dr, Tequesta, FL 33469
PROJECT ADDRESS: 187 Tequesta Dr, Tequesta., FL 33469
Sec. 78-363. Criteria.
' Special exception uses to which this division applies as set forth in section 78-362 shal.l
be permitted only upon authorization of the village council provided that such uses shall
be found by the village council to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
- The proposed restaurant use is a permitted use and the site is currently built out
as a restau.rant a.nd has been previously been operating as a resta,urant.
(2) The use is so designed, located and proposed to be operated so that the public health,
safety, welfare and morals will be protected.
- The proposed restaurant use will protect and benefit the neighboring residences
and businesses and the village as a whole.
� (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 restaurant use will not have a negative effecf on neighboring
properties, it will allow the site to operate again as it has been built out and will benefit
neighboring properties with a new user.
(4) The use will be compatible with adjoining development and the proposed character
of the district where it is to be located.
� - The use will be compatible with all developments and the character of the
� district. With an abundance of nearby residences and businesses the site is ideal for the
� proposed restaurant use.
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(5) Adequate landscaping and screening is provided as required in this chapter.
� - There is adequate landscaping and screening on site.
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� (6) Adequate off-street parking and loading is provided and ingress and egress is so
;{ designed as to cause minimum interference with traffic on abutting streets.
;
;� - There is adequa.te off-street parking and loading and ingress and egress on
; Tequesta. Oaks Dr is designed so that minimal interference will be caused with traffic on
� abutting streets.
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AttorneY$ p Paral
-- Philip G. Thomp�n Thompson 1'homas PA Candice M. Redman _.
Chazles D. Thomas Sassy Rodriquez
—�'�
August 22, �014
Deparhnent Of Community Development
345 Tequesta Drive
Tequesta, Florida 33469 .
RE: 187 Tec�uesta. drive
Current Owner Bogland Taverns
To Whom it 1lliay Concem:
My name is attorney Ch�le.s Thomas mid I have the pleasure of representing Francis
i C'rillespie and his company Bogland Taverns as it relates to the property located at 187 Tequesta
Drive. The Bogland organization endured very difficult financial times several years ago and was
forced to close their business operations as a restaurant at the above location. The property was
� financed through a local crnnaiunity driven bank known as Anchor Commercial Bank.
�
The requirement to close the restaurant by Bogland left the property at 187 Tequesta Drive
vacant, and the property has been marke�ted for sale through the cooperation of Francis Gillespie
� a.nd Anchor Commercial Bank since March of 2011. Tloe proper[y since being mazketed has
� elicited incredible interest and several contra.cts to purchase the �iroperty have been executed since
the property initially went on the market. A majority of the contracting parties wished fio operate
I the property as a restaurant, which was the intended use for the property from the time the Village
of Tequesta Community Development Department initially approved the Tequesta Oaks Mixed
Use Project located on Tequesta Drive in the Village. The contracts have all been terminated and
; the property has remained vacant for almost four years.
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� As the Department is aware, The Village of Tequesta Special Village Council Meeting
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Minutes dated July 2, 1996, reveal fihat the inatial approval of the Village Oaks Development was
� premised upon the iaclusion of the restaurant that was to be loca.ted at 187 Tequesta Drive. The
� fulfillment of that desire was to be effectuated through the use of pazking spaces available not only
,� on the property, but also through the use of 30 parking spaces loca.t�l on an adjacent properiy to
� the restaurant which was always part of the original approval. The adjacent spaces are owned. by an
' entity that extended an easement for the use of those spaces to the restaurant properly, whom has
' recently terminate�l that easemen�
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�: 1801 Indian Road, Su'rte 100 • West Palm Beach, FL 33409 • Phone:561.651 A�150 • Fa�c561.651.4151 • lawyers@TNTlegal.com
' Satellite Offices: Bonita Springs • Davie • Fort Lauderdale • Miamf Lakes • Pembrpke Pines • Stuart
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,� . , .
The highest and best use for the praperty is that of a restaurant, the Village Council
respectfully recognized that as eviden�ed by their notes from the meeting approving the �roject
inlitially. The inat�iliry to gua.=antee that use to a prospective buyers Iias rendered the properiy
vacant, arid become responsible for the multitude of failed efforts to sell the property to
prospective business owners. The propert.y has remained vacant, is currently serving no nse to the
community and oaused great financial hardship to fihe parties involved.
The Parties involved. with this property have gone throngh pai.nstaking efforts to mainta.in
the property �.nd market the property effectively to prospective commeroial enterprises, in an effort
for tl�e property to once again become a functioning asset to the commuuity in. which it stands.
Unforiunately, that goal can not �e'realized without the assistance of the Village. A very well
respeetecl business owner in a neighboring community is cuirently under contract to purcliase the
property, and return the properiy back to its intended use �s a r�s�taurant. The variance currently
being considered by this committee is a quintessential element to the suECess of this iransaction. It
is for that reason, we implore the committee to consider the variance in reiation to the reality of this
properiy remaining vacant �nd offering no benefit to the community and serving only as a
detriment
The Parties involved in the current ownership to include Anchor Commercial Bank, have
tenta.tively agreed to take a tremendous financial loss in order to allow this transaction to be
completed.. The commitment is present from the current owner and the prospective purchaser to
make this deal happen. Mr. Gillespie would request that tl�is Honorable Tribunal approve the
requested variance and return this property to its intended and beneficial use.
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a�azles� I�. Tho'mas on behalf of
�` Francis Gill
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j August 8, 2014 .
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. Town of Tequesta . '
3�45 Tequesta Drive
, Tequesta, FL 33469
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Re: 187 Tequesta Drive
' To Whom It May Concem:
! This is to confirm that the undersigned has retained the services of Gary J. Nagle, Esq. to
represent Sogland Taverns, Inc. in regazd to an applicarion for a variance to be heard on
September 11, 2014 regarding the property located at 187 Tequesta Drive. �
Thank you for your considera.tion in this matter.
Sincerely,
�� � .���
Cr cis Gillespie
ident, Bogland 'ms, Inc.
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Attorney at Law
14255 U.S. Highway One, Suite 203
Juno Beach, FI,. 334p8
Phone: (561) 626-0270 Fax: (561) 626-1244
Email: Garv@na�lela.wIl.com
August 8, 2014
Town. of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Re: 187 Tequesta. Drive
To Whom It May Concern,
This is to confirm that the u.ndersigned has been retai.ned to represent the Owner of 187
Tequesta Drive in regard to an application for a variance at the September 1 l, 2014
� hearin.g that has been scheduled. in this matter. �
In the event you need additional information please do not hesita.te to contact my office at
(561) 626-0270.
Thank you.
Sincerely,
Gary J. Nagle
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€lepartment Of Commun[ty Development
345 7equesta Drive
Tequesta, Flarida 33469
7o wEtiam it may can�em:
My nam�e is Erancis Gif�espie and 1 am the current ovwner of Boglancf TaWer�as whieh ovvns the
property lacated at 167 Tequesta Drive. The prflperty has been and is c�rren#ly under cantract to be
sofd. I hereby authorize attorney Gary Nagte and the purchaser Bacia, Inc., to appiy for and seek a
var�ance with the �Elage of Tequesta, ta campfete and subrnit ail necessary doct�men#s fnciderrtal ta
tteat request a�d attend any and all necessary hearings which rnay 6e required for the rec�uested
va�iance #o be cansidered and r�led upon by the Village of Tequesta. The authoriza�ion shall include any
and al! req�� far a Special Exception Use approval.
My currenfi legal caunset ts Charl�s D. Thomas of fihe law firm of ThompsoE� �c TNomas, P.A.,
shouid my presence be �+equired far any hearing and/ormeeting, iWEr: Thomas has my authorityto ack
completely and fully o� my heha�f as it relates to the afarementioned acfion as weil.
truly rs,
nci ille ie
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