Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 18_10/13/2011 '���� � VILLAGE OF TEQUESTA � �'' AGENDA ITEM TRANSMITTAL FORM �. 1. VILLAGE COUNCIL MEETING: eeting Date: Meeting Type: Regular Ordinance #: N/A October 13, 2011 Consent Agenda: No Resolution #: N/A Originating Department: Community Development 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) SE 04-11, Special Exception, Application of Corner Cafe of Tequesta, LLC, 289 N US Highway 1, Village Square Shopping Center, 221 N US Highway 1, Tequesta, FL 33469, for a Special Exception Use pursuant to Section 78-177. C- 2 District (d) (14) Special Exception Uses of the Village of Tequesta Code of Ordinances. The Applicant is requesting an expansion of a previously approved special exception by constructing a 500 square foot outdoor deck addition to the existing shopping center. The application includes a landscaped perimeter area. 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A udget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Application of Corner Cafe of Tequesta, LLC, 289 N US Highway 1, Village Square Shopping Center, 221 N US Highway 1, Tequesta, FL 33469, for a Special Exception Use pursuant to Section 78-177. C-2 District (d) (14) Special Exception Uses of the Village of Tequesta Code of Ordinances. The Applicant is requesting an expansion of a previously approved special exception by constructing a 500 square foot outdoor deck addition to the existing shopping center. The application includes a landsca ed perimeter area. 5. APPROVALS: i Dept. Head: �� �� !rt°�7 Finance Director: ❑ Reviewed for Financial 1 ;' � Sufficiency � � ��' �',--�No Financial Impact ._ . ; ��",$' Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: --�-°-"����� � � • SUBMIT FOR COUNCIL DISCUSSION: ❑ • • APPROVE ITEM: ❑ • DENY ITEM: ❑ VILLAGE OF TEQUESTA � ha _ � `�, DEPARTMENT OF COMMUNITY DEVELOPMENT � Staff Report — Village Council Hearing —10.13.11 10 PETITION DESCRIPT'10�! APPLICANT: Gentile Holloway 0'Mahoney & Associates, Inc. 1907 Commerce Lane, Suite 101 Jupiter, FL 33458 OWIVER: Corner Cafe of Tequesta, LLC 289 US Highway 1 Tequesta, FL 33469 REQUEST: The Applicant is requesting an expansion of a previously approved Special Exception Use to construct a 500 Sq. Ft. outdoor deck addition to the existing shopping center. The application includes a landscaped perimeter area. LOCATION: Village Square Shopping Center 289 US Highway 1 • Tequesta, FL 33469 �, �,4ND US� AfVD ZO�llf�� EXISTING LAND USE FUTURE LAND USE ZONING SUBJECT PROPERTY Commercial Commercial C-2 Community Village Square Commercial Use Shopping Center NORTH Commercial Commercial C-2 Community Bank Atlantic Commercial Use SOUTH Commercial Commercial C-2 Community TD Bank Commercial Use EAST Unincorporated Palm Unincorporated Palm Unincorporated Palm Waterway Village Beach County Beach County Beach County WEST Mixed Use Mixed Use M-U Mixed Use Bank of America • 1 Department of Community Development - Staff Report — Special Exception Application — Council Hearing 10.13.11 3. STAFF AfVALYSIS • Section 78-361 of the Village Code states that certain uses because their unique characteristics can not be classified or regulated in a particular zoning district without consideration in each case of the impact of such uses upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are treated as special exceptions, and the application needs to comply with a set of criteria and standards. Pursuant to Section 78-177 (d) (14) Shopping Center is a Special Exception Use in the C-2 zoning district. The proposed expansion of the existing Village Square Shopping Center consists of a 500 square foot outdoor deck addition to the current use (Corner Cafe). CRITERIA FOR GRANTING SPECIAL EXCEPTION Per Section 78-362 of Village Code, expansion or modification of an existing special exception use shall be permitted only upon authorization of the Village Council provided that such use comply with the following requirements: 1. The proposed use is a permitted special exception use. In compliance. Per Section 78-177. C-2 District (d) (14) Special Exception Uses of the Code of Ordinances Shopping Center use is permitted as special exception use. 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare awd morals will be protected. !n compliance. The proposed use expansion is compatible with the character of the Shopping Center and its adjacent commercial uses. The proposed outdoor deck will not impact the public � health, safety, welfare and morals. The applicant was notified that if alcoho/ wil! be serve at the proposed expansion; then, the existing Liquor License needs to be modified to reflect the change. With regard to music, the current use (Corner Cafe) uses Pandora to play music throughout the restaurant and outside. The proposed outdoor deck wil! have extra speakers consistent with rhe current use. The current use (Corner Cafe) closes at 10:00 PM per Village's noise Ordinance. 3. The use will not cause substantial injury to the value ofi other property in the neighborhood where it is to be located. In compliance. The proposed use expansion will not cause injury to the value of other properties located in the surrounding neighborhood. The proposed use expansion is consistent with the urban character of the Shopping Center and its surrounding area. The Village Square Shopping Center has been part of this urban area since 1957. Additional square footage was added to the center in 1960, 1980 and 2010. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. In compliance. The proposed use expansion is compatible with commercial properties located in the Village Square Shopping Center; and it is consistent with the commercial character of US Highway 1. � 2 Department of Community Development - Staff Report — Special Exception Application — Council Hearing 10.13.11 5. Adequate landscaping and screening is provided as required in this chapter • Pursuant to Section 78-394. Nonconforming Areas, the subject property was granted previous waivers by Village Council. Even tough the Village Code requires the minimum percentage of landscaped open space to be 25 percent in the C-2 district, existing open landscaped area is 6.8 percent because of previous approved waivers. Since the proposed outdoor deck will be located on an existing open /andscaped area, there will be a decrease of 0.2 percent or 500 sq, ft. of the total current open /andscaped area. The applicant is reauestina a waiver of 0.2 percent of open /andscaped area. The applicant is also proposing a perimeter planter area with irrigation and 75 percent of native plants. 6. Adequate off-street parking and loading is provided and ingress and egeess is so designed as to cause minimum interference with traffic on abutting streets. In compliance. The proposed use expansion meets the required number of parking spaces and loading areas. FINDINGS REQUIRED FOR APPROVAL Per Section 78-363 of Village Code, before any special exception is granted, the Village Council shall apply the standards set forth in this division and shall determine that satisfactory provision and arrangement of the following factors have been met with the applicant, where applicable: 1. Compliance with all elements of the Village Comprehensive Plan The subject property is an established Shopping Plaza in a Commercial future land use district. Policy 1.1.2 of the Village Comprehensive Plan states that Commercial district uses shall conform � to "Activities related to the sale, lease or distribution of products/and/or the provision of services". The proposed use expansion "Shopping Center" meets this provision of the Comprehensive Plan. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic ftow and control, and access in case of fire or catastrophe. The subject property is an existing Shopping Center, ingress and egress to the property with particular reference to automotive and pedestrian safety, and access in case of fire or catastrophe are factors that are met. Village staff recommended a pedesrrian walkway to be in place to connect the existing Corner Cafe sidewalk to the current Tequesia Brewing Company walkway. The applicant provided a"New Striping for Pedestrian Walkway" (See attached site plan). 3. Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. Per Code Section 78-705 (29) Shopping Centers (one space per 250 square feet of gross leasable area) required number of parking space should be 301 spaces. The proposed use expansion is in compliance with this code provision. Pursuant to previously approved Site Plan Modification (2/16/2010), the Village Square Shopping Center was required to reconfigure parking area, loading and dumpster spaces. Per attached Order, the Shopping Center has 12 month to comply with this provision. The Villaqe Square • Shoppinq Cenfer met this reQUirement (See attached picture). 3 Department of Community Development - Staff Report— Special Exception Application — Council Hearing 10.13.11 4. Refuse and service areas, with particular reference to subsections (2) and (3) of this section. � As stated in subsections (2) and (3), the proposed use expansion meets this provision. 5. Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical interFerence and/or mechanical vibrations. The proposed use expansion is compatible with the character of the Village Square Shopping Plaza, and it will not be detrimental to adjacent and nearby properties and the Village as a whole. 6. Utilities, with reference to location, availability and compatibility. Since the proposed use expansion is an existing Shopping Center, utilities, with reference to location, availability and compatibility requirements are met. 7. Screening and buf#ering, with reference, to type, dimensions and character. The adjacent residential area is screened from the Shopping Center by existing landscaping and a wa�l fence (See attached photos). The applicant is proposing a perimeter planter area with irrigation and 75 percent of native plants to screen/buffer the proposed outdoor deck from the parking area. �. Signs and proposed exterior lighting, with reference to glare, tra�c safety, economic effect and compatibility and harmony with properties in the district. This application does Not include additional signs. With regard to lighting, the applicant is proposing 10 fixtures that will be attached to the vertical posts of the outdoor deck (See fixture � detail in SP-1). 9. Required yards and other open space. Pursuant to Section 78-394. Nonconforming Areas, the subject property was granted previous waivers by Village Council. Even tough the Village Code requires the minimum percentage of landscaped open space to be 25 percent in the C-2 district, existing open landscaped area is 6.8 percent because of previous approved waivers. Since the proposed outdoor deck will be located on an existing open landscaped area, there wil! be a decrease of 0.2 percent or 500 sq. ft. of the total current open landscaped area. The applicant is reguestinp a waiver of 0.2 percent of open /andscaped area. The applicant is also proposing a perimeter planter area with irrigation and 75 percent of native plants. 10. General compatibility with adjacent properties and other property in the district. The proposed use expansion is compatible with commercial properties located in the Village Square Shopping Center; and it is consistent with the commercial character of US Highway 1. 11. Whether the change suggested is out of scale with the needs of the neighborhood or the village. The proposed use expansion is compatible w9th the character and uses of the Village Square Shopping Center. • 4 Department of Community Development - Staff Report — Special Exception Application — Council Hearing 10.13.11 12. Any special requirements set out in the schedule of site regulations in 78-143 for the particular � use involved. Since the proposed outdoor deck will be located on an existing open landscaped area, there will be a decrease of 0.2 percent or 500 sq. ft. of the total current open landscaped area. The applicant is reauestin� a waiver of 0.2 percent of open landscaped area. 4. FIfVAL REMARKS This special exception use application met the requirements set on,Section 78-368 notice of hearing. The notice of hearing will be advertised in the Jupiter Courier on October 2, 2011; 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 5ection 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. The following is a summary of facts based on the previous analysis: ■ The applicant was notified that if alcohol will be serve at the proposed expansion; then, the existing Liquor License needs to be modified to reflect the change. With regard to music, the current use (Corner Cafe) uses Pandora to play music throughout the restaurant and outside. The proposed outdoor deck will have extra speakers consistent with the current use. The current use (Corner Cafe) closes at 10:00 PM per Village's noise Ordinance. � ■ Pursuant to Section 78-394. Nonconforming Areas, the subject property was granted previous waivers by Village Council. Even tough the Village Code requires the minimum percentage of landscaped open space to be 25 percent in the C-2 district, existing open landscaped area is 6.8 percent because of previous approved waivers. ■ Since the proposed outdoor deck will be located on an existing open landscaped area, there will be a decrease of 0.2 percent or 500 sq. ft. of the total current open landscaped area. The aqplicant is requestin� a waiver of 0.2 percent of open landscaped area. ■ Village staff recommended a pedestrian walkway to be in place to connect the existing Corner Cafe sidewalk to the current Tequesta Brewing Company walkway. The applicant provided a"New Striping for Pedestrian Walkway" (See attached site plan). ■ Pursuant to previously approved Site Plan Modification (2/16/2010), the Village Square Shopping Center was required to reconfigure parking area, loading and dumpster spaces. Per attached Order, the 5hopping Center has 12 month to comply with this provision. The Villaqe Sauare Shoppinq Center met this re4uirement (See attached picture). This report was prepared by Nilsa Zacarias , d; � approved by Chief James M. Weinand Date /� ��J� 5 Dapartment of Community Development - Staff Report — Special Exception Application — Council Nearing 10.13.11 . , . ,, rp � i 1 , '��'ii' i�� �', � — _ ., � a �� � �� _ ;�� ��:: � -� ��1 ' _.. � � � �' � 5 . ' �' � t ,. . . �'� I, � "' .. �.._ ��� � .• � �, <-< � ��� � .. ; �r ��x' ��,, � fi I. , s ` � ,� � : � � , -- � . � . __. ` } s � ���' ; Y �� r � � �. �' , ,,:� , � 4f : � , _�. ;. �, � Y,. .� � . : ���� 6 - �. . �� ° ` , r � � '�� � , , �, . �: , ,_ a - .: � - t �:. = � .� , � �'� `I \ �.3 �# ,-; �. � ;, � � � , � �` — � �:� � - � I -, � � �. �;� _ n � �-; � ,; .; � � , �` �,.� _..��,--�'- _" ., � >,.� �. � __._ _�-- �� _ `_ . �.I � _._ `-� ,� � '� 5 y 1 PROPOSED OUTDOOR DECK LOCATION ,:� A: ,; �� ;��� :� � -�_ i ` _ �: �. . � � ' `:: �� : �.! , -r . _ , , <� d _ . . _. � . ,,. � , „ _ _. . � , � _. � µ _. � ����� � �„ � � .:.. ..: ;, , .' �. �. . SCREENING AND BUFFER AREA EXISTING DUMPSYER AREA TOWARD RESIDENTIAL DISTRICT � F � w m , �. � " � ,, =;A _ �+_ .. � . , # ,, , n_ . �, .�, o- i �� , g � � �. f � , . � { � .�... ,� � ..;: . �� �.... t t� � s = 3 s ' '�' �k� ,�}� � - ' �. . . r; , _ y �� s= i � - � � ' � � �`'' � � �. ,.�.. _ � " - �, il�� , � � ' ; p9���j����ili � � � � �'�'�'� �� � � ` S .. : � -- _ - i .., � r. , . . �- _ _ . _:_ __ ` �� , � � E�� � �, � G � �3�,:,' �_ - - � .�� � = -��, �- : 6 Department of Community Development - Staff Report — Special Exception Application — Council Hearing 10.13.11 , , , , � ORDER OF THE VILLAGE COLJNCI[. VILLAGE OF TEQUESTA SITE PI.,AN MODIFICAT�O1�1 t'ASF. NO.: SPM-10-I iN RE: Tequesta Investors, LP (Owner); Gentile, H<�Iloway, n'Niahoney 8c Associates, [nc. (Applicant) PROPERTI' LOC:A7'ION: 28 l 11. S. 1-f i ghway # I,'I'eq uesta, F lorida 3 3469 .�+�_�.�: Village of Tequesta LF.G.�►�, D�SCRTP'i'I�l�l: WA"I'�RWAY VII.,LAGE L,UT A ��ate: �"ime: . I'Al2CEI., C'C1i�ITROIL 1VL�MBFR: 6�- �3-�0-30-0.5-000-090 I (DRDEYt :�PPIdO�IN(II APP[,ICATI�f�1 T'his cause came on to be heard uprn� f.he above a��plication and the Tequesta Villaee C��uncil havi»�� consiaered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the "Tequesta Village Council, hein� otherwise duly advised, � TFiF�:REUPON, I'HE' '1'EQI.JESTA VlLI,ACJE COUNCIL FTNDS AS F'OLLOWS: I. "The sut!ject property is located in the G2 7onin� District in the Villa�e of Teyuesta. Z. The applicant has suMnitted all documents required by the Villa�e's Code of Ordinances. 3. The application and all supporting documentation and presentation materials as revie�ved by the Village C'ouncil at its Februaiy I l, 2010 meeting, and as kept on file hy the Village. are made a part hereof and are hereby incorporated by refcrence. 4. According to Section 78-33 I, site plan approval is required prior to issuance ot a building permit since the proposed pr�ject is not located in an R-1 or R-I r1 zoning district. �. The applicants have applied for a site plan modifiication to const��uct a 2,C 71 sq. ft. addition onto the rear of an existing retzi I sales bay and to increase the overal I height of the sale� bay to 2� feet, recontigure the esisting parking, loading and dumpster spaces to the rear of the bnilding and to add tive palm trees and foundation plantings to the approved landscape plan. 6. lJnder the provisions oPthe V illage Code of Ordinances, the Village Council has the ri�ht, power and authority to act upon the reqiiest herein made. IT [S THEREUPON CONSIDERED, ORDERED AND ADJt1DGED BY TH.E VEC,LAGF COUNCII, � Page 1 � OF THE VILLACiE OF TEQLJES"CA, FLORIDA, AS FOLL:OWS: The application for Site Plan Modification, Case No. SPM 1 �-I with reference to the above described property within the Village ofTequesta, Palm Beach County, Florida, to permitthe following: construction of a 2,671 sq. ft. addition onto the rear of an existing retail sales bay and to increase the overall height ofthe sales bay to 23 feet, reconfigure the e,�isting parking, ioading and diimpster spaces to the rear of the building anci to acid five palm trees and fotmdation plantings to tlie approved landscape plan is hereby APPROVED since the Village Council hereby finds that the appliclnts have met the standard� set forth in Section 78-33 I of the l'equesta loning Code for site plan modification, �vith the following special I;OIIdItIO11S: I. '�he Applicant has agreed to �rant the Village an easement For the placentent, use and maintenance of a water main for the purpose of' installin� fir�; hydrants. Such easement, in x fbnn acceptable to the Village �ttorney, Fire ('hief and Lltilitiet Director shall be granted to the Village prior to the issuance by the �"illage of any Certificate ot'Oci;upancy or its equivalent. ' ?. "Che Applicant shall be allo�ved up to I 2 months firom the rendering of'this Ordei� to complete construct ion ��f the dumpster �nclosure(s). �` 7he tei•m �applicant(s)@ cr.c usec�! hercin shall incdarrle crll st.+ccessors and a.t•sigrz+•. ''` The applicant's— site plan modification approval shall expire in twelve (12) months unless a bi�ilding • permit has been obtained in accordance with ' 7R-3;4(h). Ifthe buiiding permit expires or is voided, the site plan approval also expires or becomes �oid. 1�OUF. �1ND ORDERF�'D fHIS DAY nF '_ , 2010. — � —'=--- � 4 ' L � ---- MAYOR I'nT WATKT?�JS, ,. .,�;��,,,, VILI,AGF, OF T'F.,QIJESTA ; TE(� '``'��, ,. , ..... .... (� '��, --� ; �� (,ORf 1�1cWiI,LIAMS, CMC ; v ��� �,,� `•.�' "� VII_,LnGE CLERK '�' } `�� ' �a: PpP.P�ED ., = Y'�doc\iequec4�lOrders\2UI0\SPM i0-I drn: '. 11V`� � j 1 . Q� :. � �.�d ; ,�`,q�, �.._..�e:� ... F���F � • Pa �� ' • � Corner Cafe Special Exception — Outdoor Seating and Site Plan Review June 7, 2011 Revised September 6` 2011 . Revised September 22, 2011 Rec�uest: Gentile Holloway O'Mahoney & Associates, Inc. on behalf of the Corner Cafe is requesting approval of a special exception for expansion of the shopping center to permit outdoor seating at the Cafe. A companion site plan is also submitted for approval to allow up to a 500 square foot outdoor deck. This narrative serves for both applications as the information is relevant to both requests and it is meant to facilitate understanding of the requests. Separate applications have been filed and will be reviewed as code requires. It is the intent of the applicant upon approval of the special exceprion, to continue with the companion site plan approval and construct a deck along the front fa�ade of the e�sting restaurant. The outdoor deck amenity is within an existing landscape area on the site. A minor adjustment of .2 %. to the e�sting landscaped open space area requires a waiver request as a part of our site plan application. The e�sting shopping center comprises appro�mately 5.55 acres and is located at 281 US Highway 1(southeast corner of US-1 and Waterway Road.) • Historv: The Village Square Shopping Center was originally constructed in 1957. Additional square footage was added to the plaza in 1960, again in 1980, and more recendy in 2010. The Village Council in 2010 approved a small expansion for West Marine The request was to add only 3,574 SF to the rear of the existing center for inventory storage space. In 2008, an application was submitted to xepaint the building. At that time the Village Staff requested some additional landscape improvements to be within the site. Three additional landscape islands were constructed within the parking area per the Staff's direction. On March 6, 1997 the Village Council granted multiple waiver requests consistent with sections 78- 394(b) and 78-645 (identified as Ordinances No. 355 Section VII F.1.r and No. 377(I�(2)(C)1, 3, 10, and 11, on Cotleur Hearing Landscape Plan dated 12/12/96) which permits relief to the Village's Parking and Landscape Requirements. Sections 78-394(b) and 78-645 encourage waivers for existing development that would otherwise be negatively impacted by having to meet current parking and landscape regulations. Please note with this application, it was found that there was an incorrect landscape area square footage number on the Site Data table and it has been corrected with this submittal. Consistency with Land Use and Zoning for the rec�uests: The site has not experienced any major changes in over 53 years, and is currendy going through a • period of great success as most of the bays are occupied. The surrounding community developed N:\Comer Cafe 70-1202\Applicarions & Approvals\Special Excepdon & Si[e Plan\Application Materials\Descripdon of Special Excepdon SP092211.doc Corner Cafe Specral Exception/Site Alan Page 2 • around the same time or shortly after the development of the shopping center. Compatibiliry with the surrounding community has not been an issue in the 53 year history of the site. The subject site has a Future and E�sting Land Use designarion of Commercial and is zoned C-2 Community Commercial. The e�sting shopping center is consistent with the intent of the C-2 district which is intended to locate a mix of goods and services that will service the community at large within pro�mity to US-1. The requests are simply an extension of the current use by an e�sting tenant to provide customers with an outdoor dining experience. The proposed outdoor seating will not project into the setback and will have little impact on the existing site or surrounding area. It serves to add an amenity to the property and help engage the site with activiry that further relates to the street and larger community. Surrounding Uses: E�sting Zonin� and Land Use Designations EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: G2 Communiry Commercial Commercial Existing Village Square Shopping Center TO THENORTH• �-2 Community Commercial Commercial Bank Adantic/Publix • Shopping Center, TO THE SOUTH: C-2 Community Commercial Commercial TD Bank TO THE EAST : RS- Single Family Residential Medium-Density 5 units per Waterway Village (Unincorporated PBC) acre (MR-5) TO THE WEST: �xed Use (M-i�/G2 Community Faciliues Multiple Commercial Community Commercial Businesses S�ecial Exce�rion The primary use of the property is considered Shopping Center, and Shopping Center is a Special Exception use within C-2 district. As the proposal, to offer outdoor seating, is considered an expansion of the e�sting shopping center, this application is thus an expansion of the Special Exception. Per Section 78-361, special exceptions must meet the following criteria: 1. The �ro�osed use is a�ermitted s�ecial exce�tion use: Shopping Center is a permitted special exception use within the C-2 district. This is an existing center. The special exception is being requested as we are proposing to expand an existing restaurant, within the shopping center in order to develop an outdoor seating area along the front of the existing building. It should be noted that restaurant is a permitted use • within the C-2 zoning district. Corner Cafe Special Exception/Site Pla� Page 3 • 2. The use is so designed, located and �ro�osed to be o�erated so that the �ublic health, safetv. welfare and morals will be �rotected: The proposed expansion is to be constructed as a wood deck along the front fa�ade of the e�sting building. The area currently comprises a landscape island. We are proposing to provide a small planter along the perimeter of the deck with shrubs and at the western edge two additional palm trees consistent with the existing palms along the entry. It is not anticipated that the outdoor seating facing US-1 will have an adverse impact on public health, safety or welfare of the surrounding communiry. The restaurant currently closes at 10:00 PM, which is consistent with the Village's noise ordinance (Section 30-361 b 2). The expansion of the e�sting shopping center for outdoor seating should not have any moral implications on the surrounding community. The outdoor dining enhances public safety as it provides additional eyes on the parking lot and adjacent road. 3. The use will not cause substantial injury to the value of other �ro�ert� in the neighborhood where it is located. The proposed outdoor seating is situated along the front fa�ade of the buildir�g facing US-1 and the commercial uses west of the site. Any perceived visual or noise impacts would only impact US-1 or the commercial property west of the site. The existing building will provide visual and sound abatement to the residential area east of the site. By providing more people oriented uses, the properry is actually improving its value to the neighborhood by � encouraging more human interaction. 4. The use will be com�atible with ad�oining develo�ment and the �ro�osed character of the district where it is to be located. 'The existing shopping center and the proposed expansion for outdoor seating will continue to be compatible with the adjoining development and the e�sting character of the district. The outdoor seating is to accommodate an e�sting restaurant within the existing shopping center. Restaurant is a permitted use within the C-2 district. The character of the corridor is improved with more people oriented uses which promotes CEPTED principles of design. 5. Adec�uate landsca�in� and screening is �rovided as rec�uired in this cha�ter. As stated above the e�sting landscaping is generally consistent with the last approval through the 377 plan. There is a slight decrease in landscaped open space area of .2 % but a greater people ameniry is created. Pursuant to Sec.78-393 the Council may waiver the requirement. In this case, the applicant is proposing an upgrade to the exisring condirion to permit a more active use of the open space for outdoor seating. Also there is still landscaping provided that further compliments the deck experience and maintains the intent to have an added aesthetic, a landscaped area. Additional trees, two triple trunk Alexander palms, will join what has been a single coconut palm to this landscape • area. Furthermore, the deck, like landscaping, is to be maintained as pervious material in this area. Corner Cafe Special Exception/Site Plan Page 4 • 6. Adec�uate off-street �arking and loadin�is �rovided and ingress and egress is so desi�ned to as to cause minimum interference with traffic on abutting streets. Currently the site meets all parking and loading requirements. The outdoor seating/expansion will not require any additional parking. The access is consistent with the current design of the area. 7. The use conforms with all a�licable re�ulauons governing the district where located, exce�t as may otherwise be determined for �lanned develo�ments. The e�sting use and the requested expansion will conform to all applicable regulations and will maintain consistency with the previous approvals on the site. This request provides for additional upgrading of the site in terms of outdoor pedestrian oriented amenity. Per Section 78-363. Findings rec�uired for a�broval must meet the following criteria: 1. Com�liance with all elements of the village com�rehensive �lan: The proposed outdoor seating is an expansion of an existing use which is in compliance with the Village Comprehensive Plan. • 2. Ingress and egress to �ro�erty and �ro�osed structures thereon with �axticular reference to automotive and �edestrian safety and convenience, traffic flow and control, and access in case of fire or catastro�he: The proposed outdoor seating is within an e�sting shopping center. The location of the outdoor seating will be along the front of the existing building and will not require changes to the existing circulation system. In fact, a minor improvement to the pedestrian circularion is being made to provide a more complete connection of a handicap accessible route west of the current entry and handicap stall to the existing sidewalk. Ingress and egress to the site shall remain unchanged. Pedestrian access will be via the restaurant through a set of double doors or by a set of stairs adjacent to the existing entry but outside of the Handicap ramp along the north side of the proposed deck. 3. Off-street �arking and loading area, where rec�uired, with �articular attention to the items in subsection (2� of this section: The additional square footage for the outdoor seating will not exceed the existing parking required on site. Currently, there are 301 spaces provided and with the addition to the exisung shopping center for outdoor seating, 301 spaces will be required. In addition, the proposed locarion of the outdoor seating will have no impact on the e�sting ingress and egress into the site. The loading remains unchanged. � 4. Refuse and service areas, with �articular reference to subsections (2 and � of this section: Corner Cafe Special Exception/Site Plan Page 5 • Pursuant to the last approval, several improvements were made to the refuse area along the rear of the project. The addition to the shopping center will not create an impact on those areas and they will continue to function per the last approval. Again, based on the locarion of the proposed addition, the circulation system, parking, loading, and ingress and egress will remain unchanged. 5. Nuisance factors detrimental to ad�acent and nearby bro�erties and the village as a whole. Nuisance factors shall include but not necessarily be limited to noise, odor, smoke�glare, electrical interference and/or mechanical vibrations: The outdoor seating is located along the shopping plaza's frontage adjacent to US-1. Any perceived impacts from this request to the neighborhood east of this site will be obscured by the e�sting shopping center. This improvement only compliments pedestrian orientation of the use. This request is also consistent with CPTED principles. 6. Utiliries, with reference to location, availabilit� and com�atibilit� T'he request is a minor expansion to the existing shopping center for outdoor seating. Infrastructure to the site is e�sting and the proposed outdoor seating will not require additional changes to the utilities. The request actually promotes more efficient use of e�sting infrastructure. • 7. Screenin� and buffering, with reference to t�e dimensions and character. The e�sting shopping center has existing and approved landscape buffers. The proposed expansion will include more trees and a planting area around the perimeter of the outdoor deck area.. Those specific details will be provided during the site plan review process which will follow the processing of this request. The remainder of the site will remain as approved. 8. Signs and �ro�osed exterior lighting, with reference to glare, traffic safet economic effect and com�atibilit� and harmony with �ro�erties in the district: No additional signage is being proposed at this time. Details of the exterior lighting of the outdoor seating area will be provided during the site plan review process, however all lighring will be concentrated on the seating area which is adjacent to the parking lot and blocked by the shopping center to the residential area to the east. By providing more people oriented uses, the property is actually improving its value to the neighborhood by encouraging more human interaction. 9. Rec�uired vards and other o�en s�ace: As noted above, the project received waivers to the required buffers and open space and/or landscaped area per the Ordinance 355 and 377 in 1997. The outdoor dining area is proposed in an open space landscape area. Though pervious open space remains, some • landscape material is lost. In exchange the area is being redesigned to compliment the new deck.. More trees are being included. Specifically, the existing coconut palm tree will remain . • Corner Cafe Special Exception/Site Plan Page 6 • and 2 triple trunk Alexander palms will be added along with shrubs and ground cover around the deck. 10. General com�atibilitv with adjacent �ro�erties and other �ro�erty in the district: This is an e�sting shopping center with history of this use in this location. Both the restaurant use and outdoor seating are permitted uses in the C-2 District. Thus the use is compatible both within the center and with the adjacent commercial corridor. The request for outdoor seating is consistent with and compliments the e�sting character of the area. 11. Whether the change suggested is out of scale with the needs of the nei�hborhood or the vill�a�e: As noted, this is a minor expansion of e�cisting use in character with its surroundings. The outdoor searing serves as an amenity for the center and encourages pedestrian acrivity. 12. Any s�ecial rec�uirements set out in the schedule of site re�ulations in section 78-143 for the �articular use involved. This request does not create any new previously un-reviewed impacts under Section 78-143. � Site Plan The request for the companion site plan includes the revision to the plan for the inclusion of the 500 square foot deck, landscape area waiver for the displaced .2% of landscaped open space area (6.8% to 6.6%) along with the revised landscape plan. Relatively speaking, the landscaped open space area remains approximately the same for the site. A waiver is requested as required and pursuant to Sec 78-393. The proposed site plan shows the new proposed outdoor seating area with the deck and landscape areas. The entire area will be pervious and the location is within the e�sting landscape area and therefore does not impact the current circulation system of the site. Consistent with Section 78-393 Renovation of existing properties, the e�sting occupied shopping center was not able to fulfill the current landscaping requirements and has a reduced landscaped open space area. The deck will displace some landscape material with the proposed wooden structure. However, the remaining plantings are being supplemented with additional trees to accent both tl�e new amenity and aesthetic of the center. Two triple trunk Alexander palms, will join what has been a single coconut palm to this landscape area. The reduction is minor and in terms of the center will not negatively impact the amount of pervious area, the fa�ade treatment and only serves to improve the overall "curb appeal" of the center. � , Corner Cafe Special Exception/Site Plan Page 7 • Conclusion As stated above the Shopping Center is a permitted special exception within the G2 district. A restaurant and the associated outdoor dining is a permitted use by right within the G2 district. The overall additional of the deck as it relates to the site plan and subsequent changes that it will have on the existing shopping center will only serve to provide more amenity and visual appeal to the overall property. At this time we would respectfully request approval of the special exception application and the site plan application with the landscape waiver and landscape plan revisions. N:\Comer Cafe 10-1202\Applications & Approvals\Special Exception & Site Plan\Applicadon Materials\Descripuon of Special Exception SP 090611.doc i • � '� %�: F,. `� � - 4,� ��• � � ` � � .� � .f � � ; � �- ��� Ty_ � . � � `�, � . . _ ,. ,�, �. � �� � ��` � � ���%���, � _� �`���� . , _, � �'` ,� ° � :. � �.?�� - ' � a-�,, '.� ,� . ��.'� � �., Tl " �.,�� g=� � `��`f � �, , � s;� � � " � . ��� . �� ��} � � � �� �� � � � � ' ��� �` ��,�� I � ,�� � � �1: �^�/ '�r ,t �'�� I�� �� �."k r ,u; ��. e' � �.°� . � M1 . . , , . . . . - . �' ��. � 1� n / �.. � . �z � _ . I , ''' •� 1 .l �� A, V�` lli, ���I �� i. I} � i] � � � �..,�j � � t�" , � ` `�,: / � 1� � �n '� � � � � � ofr . � ° � � � � � ��=.A � - �' �'�` ��� 2i. ` a I - `� N" i ! i � ` �, �, ,..��.� t � — A�V�, ( - °� --- � „� — _ �' - — .� ` ,: Corner Caf e �C reuv�rY . � , ; ��: ��� � � . � � :1���..�� - � 1' $ , . . $� �� � , � ,, � � , � � '� (�� �;i I� � i �,�; r �, i,il� . �� �� � ' � �� � " � �� �,G l s�+�'+;�z� i .��, d �;� ��: � `'��i t' � "�� . t F , � �,n ��, �Y �,.� � .. . , '� �l ��t ..,,^��. Corner Cafe - Outdoor Seatin Deck View From US-1 N.T.S. . N39� Gommerce Lene, °,n,ite 101 � �� t� � Jupitar, Flor�da 33458 � 567-515-9S51 � 561-5'15316m FAx � � �� � aww.�n�espa-n�ucuean LG 066mt1� Gentile Holloway O'Mahoney & Assoc. Ler�dacape bchltecte - Plamme and Envirormental Coneu!tente Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR. Page is too large to OCR.