Loading...
HomeMy WebLinkAboutOrders_Special Exceptions_10/13/2011_Corner Cafe' ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: 5E-04-11 IN RE: Corner Cafe of Tequesta, LLC, Applicant; Tequesta Investors, LP, Owner PROPERTY LOCATION: 221 US 1, Tequesta, FL 33469 FILED Village �fi `��questa LEGAL DESCRIPTION: Date: ��y� �� WATERWAY VILLAGE LOT A Time: ��_. PARCEL CONTROL NUMBERS: 60-43-40-30-OS-000-0901 SPECIAL EXCEPTION REQUESTED: Modification of existing shopping center to allow a 500 s.f. outdoor deck, including a .02°/o landscape waiver. ORDER APPROVING APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS: 1. The subject property is located in the C-2 Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for special exception review. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its October 13, 2011 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Section 78-177 of the Village Code of Ordinances, a shopping center is permitted as a special exception in the C-2 Zoning District upon approval by the Village Council. 5. The applicants have applied for a special exception to modify the existing shopping center to allow a 500 s.f. outdoor deck on the subject property, including a.02% Page 1 landscape waiver. 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right, power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Special Exception, Case No. 5E-04-11 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to permit the following: Modification of the existing shopping center to allow a 500 s.f. outdoor deck on the subject property, including a.02% landscape waiver, in accordance with the special exception application attached hereto as Exhibit "A" is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards set forth in Sections 78-362 and 78-363 of the Tequesta Zoning Code for special exception approval. * The term applicant(s) as used herein shall include all successors and assigns. * The applicant's special exception approval shall expire in twelve (12) months unless a building permit has been obtained, preliminary site plan or plat approval has occurred, or other significant action to satisfy the requirements of this approval have occurred in accordance with ' 78-367. ,=,.. DONE AND ORDERED THIS %�' DAY OF OCTOBER, 201 l. e .. ,� /� � --=� MAYOR TO PATERNO, ��`�,,,. ,. VILLAGE OF TEQUESTA �-- � /J �' l ' �d� PCa� . �!� T' °�,, �' 1-i . �� /�-�'e��-�-!.;�ly : �'�.�•�,����.9,9QG�, LORI McWILLIAMS, CMC��� ' ;� �c ��= N� VILLAGE CLERK ��i lNC pR : y_ ; ,,, ATED . ; �`'���'�� 4 19�••'Q �•����- ,f y �� F �� F �"� O � \O,`,`. Page 2 w . . Corner Cafe Specia.l Exception — Outdoor Seating and Site Plan Review June 7, 2011 Revised September 6`�, 2011 . Revised September 22 2011 R ec�uest• Gentile Hollowaq 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 subrnitted for approval to allow up to a 500 square foot outdoor deck. This narrative serves for both applic.ations as the inforniation is relevant to both requests and it is meant to facilitate understanding of the requests. Separate applications have been filed and wilI be reviewed as code requires. . It is the intent of the applicant upon approval of the special exception, to continue with the companion site plan approval and construct a deck along the front fa�ade of the e�cisting restaurant. The outdoor deck amenity is within an e�usting landscape area on the site. A minor adjustment of .2 %. to the existing landscaped open space area requires a waiver request as a part of our site plan � application. The existing shopping center .comprises approximately 5.55 acres and is located at 281 US Highway 1(southeast corner of US-1 and Waterway Road.) His� . � The Village Square Shopping Center was originally constructed in 1957. Additional square footage was added to the plaza in 19b0, 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 e�sting center for inventory storage space. In 2008, an application was submitted to xepairit the building. At that rime the Village Staff requested some additional landscape improvements to be within the site. Tfiree additional landscape islands were constructed within the parking area per the Staffls direction. On March 6, 1997 the Village Council granted multiple waiver requesrs corisistent with sections 78- 394{6} 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 12/12/9G) which permits relief to the Village's Parking and Laixdscape Requirernents. Sections 7$-394(b) and 78-645 encourage waivers for existing development that would otherwise be negatively impacted by having to meet current parking and Iandscape regulations. Please note with this application, it was found that rhere 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 cha.nges in over 53 years, and is currendy going through a period of great success as most of the bays are occupied. The suxxounding community developed N:\Comer Cafe ]0-1202\Applicarions & Approvals\Specfal Excepdon & Si[e Plan\Applicauon Materials\Descripaon of Special Excepdon SP092211.doc Corner Cafe Special F�rception/Site Plat: Page 2 arouz�d the same time or shortly after the development of the skxopping center. Campatibility with the surrounding community has not been an issue in the 53 yeax history of the site. The subject site has a Future and Existing Land Use designation of Commercial and is zoned C-2 Community Commercial. The e�risting shopping center is consistent with the intent of the C-2 district which is intended to locate a mix of goads and services that will service the community at large within proximity to US-1. The requests are simply an extension of the current use by an e3cisting tenant to provide customers with an outdoor dining experience. The proposed outdoor seating wil! 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 activity that further relates to the street and larger community. Surrounding Uses: Existing Zoning and Land Use Designations EXISTING USE ZONING FUTURE LAND USE SU�JEC?'PROPERTY: G2 Community Commercial Commercial Existing Village Squaxe Shopping Center TO THENORTH• � Community Commercial Commercial Bank AtlanticJPublix Shopping Center, TO THESOUTH• C-2 Com,munity Commercial Commercial TD Bank TO THE EAST : �- Single Family Residential Medium-Densiry 5 units per Waterway Village (Unincorporated P$C) acre (MR-5) TO THE WEST : Mixed Use (M-LJ)/G2 Community Facilities Multiple Commercial Community Commercial Businesses S�ecial Exce�tion The primary use of the property is considexed Shopping Center, and Shopping Center is a Special Exception use within G2 district. As the proposal, to offer outdoor seating, is considexed an expansion of the e�usting shopping center, this application is thus an expansion of the Special Exception. Per Section 78-3G1, 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 e�sting center. The special exception is being requested as we are proposing to expa.nd an e�sting restaurant, within the shopping center in order to develop an outdoor seating area along the front of the e�usting bu,ilding. It should be noted that restaurant is a permitted use within the G2 zoning district. Corner Cafe Special Exception/Site Platl Page 3 2. The use is so designed, located and �ro�osed to be o�erated so that the �ublic health. sa_f� welfaxe and morals will be �rotected: The proposed expansion is to be constructed as a wood deck along the fxont fa�ade of the e�isting bui.lcling. 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 currendy closes at 10:00 PM, which is consistent with the Village's noise ordinance (Section 30-361 b 2). The expansion of the e�usting 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 ad}acent road. 3. The use will not cause substanti.at 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 a£ the site. Any perceived visual or noise impacts wauld only impact US-1 or the cornmercial property west of the site. The existing building will provide visual and sound abatement to the residentia.l 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 wi11 be com�atible with adjoinin� develogment and the �ro�osed character of the district where it is to be located. The existing shopping center and the pxoposed expansion for outdoor seating will continue to be compatible with the adjoining development and the e�sring character of the district. The outdoor seating is to accommodate an existing restaurant within the e�sting shopping center. Restaurant is a permitted use within the C-2 district. The character of rhe corridor is improved with more people ariented uses which promotes CEPTED principles of design. 5. Adec�uate landsca�ing and screenin� 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 p1an. There is a slight decrease in landscaped open space area of .2 % but a greater people amenity is created. Pursuant to Sec.78-393 tlie Council may waiver the requirement. In tt�is case, the app�icant is praposing an upgrade to the existing condition to permit a more active use of the open space far outdoor seating. Also there is still landscaping provided that fizrther compliments the deck experience and maintains the intent to have an added aesthetic, a landscaped axea. 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 axea. Cottrer Cafe Special Exceptio�a/Site Plan Page 4 6. Adec�uate off-street �arking a.nd loading is �rovided and ingress and egress is so designed to as to cause minimum interference with traffic on abutting streets. � Currently rhe site meets a11 pa,rking 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.g�ulations governing the district where located�exce�t as may otherwise be determined for �alanned develo�ments. The existing use and the requested expansion will conform to all applicable regulations and will mainta.in consistency with . the previous approvals on the site. This request provides for - adclitional upgrading of the site in terms of outdoor pedestrian oriented amenity. Per Section 78-363, Findings rec�uired .for a��roval must meet the following criteria: 1. Comt�liance with all elements of the viilage com�rehensive �lan: The proposed outdoor seating is an expansion-of an existing use which is iiti compliance with the Village Comprehensive Plan. 2, Ingress and e�ress to �ro�ert�and pro�osed structures thereon with �articular reference to automotive and �edestrian safety and convenience, traffic flow and control�and access in case of fire or cata,stro�he: The pxoposed outdoor seating is within an existing shopping center. The location of the outdoor seating will be along the front of the existing building and wi1.l not require changes to the existing circulation system. In fact, a minor improvement to the pedestrian circulation is being made to provide a more complete connection of a handicap accessible route west of the current entry and handicap stall to the e�sting 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 e�cisting entry but outside of the Handicap ramp alorig the no:rth side of the proposed deck. � 3. Off-street �arkin,g and laadi�� area, where rec�uired, with �articular attention to the items in subsection (2) of tl�is section: The additional square footage for the outdoor seating will not exceed the e�usting parking xec�uired on site. Currently, there are 301 spaces provided and with the addition to the existing shopping center for outdoor seating, 301 spaces will be required. In addition, the proposed location of the outdoor seating will have no impact on the existing ingress and egress into the site. The loading remains unchanged. 4. Refuse and service areas, with �articular reference to subsections (2} and !3) of this section: Corner eafe Special Exceptiou/Site Plan Page 5 Pursuant to the last approval, several. improvements were made to the refuse area along the rear of the project. T'he 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 an the location of the proposed addition, the circulation system, parking, loading, and ingress and egress will remain unchanged. 5. Nuisance factors detrimentai to ad�cent and nearb�rTq�erties and the village as a whole. Nuisance factors shall include but not necessaxil� be iimited to noise. odor. smoke�,�lare, electrical interference andlor mechanical vibrations: The outdoor seating is located along the shapping plaza's fronta.ge adjacent to US-1. Any perceived impacts from this request to rhe neighborhood east of this site will be obscured by the existing shopping centez. 'This improvement only compliments pedestrian orienta.tion of the use. This request is also consistent with CP'I'ED principles. 6. Utilities, with ref�rence to locarion, availabilit� and com�atibilit� The 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 requixe . additional changes to the utilities. The request actually promotes more efficient use of e�sting infrastructure. 7. Screening 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.. 'I�ose specific details will be provided during the site plan review process which wil.l follow the processing of this request. The remainder of rhe site will remain as approved. � $. Signs and �ro�osed exterior lighting. with reference to �lare, traffic safet�, economic effect and com.�atibility and harmonv with �ro�erties in the district: No additional signage is heing proposed at this time. Details of the exterior kghting o£ the outdoor seating area will be p�rovided during the site plan review process, however all lighting will be concentrated on tlie seating area which is adjacent to the parking lot and blocked by the shopping cezxter 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 ouen 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. Thaugh pervious open space remains, some landscape material is lost. In exchange the area is being redesigned to compliment the new deck.. Mare 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 �alms will be added along with shrubs and ground cover around the deck. 10. General com�atibility with ad�acent �xo�erties and other �ro�erty in the district: This is an e�isting shopping center with history of this use in this location. Both the restaurant use and outdoor seating are permitted uses in the C-2 Distxi.ct. 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�risting character of the area. 11. Whether the change suggested is out of scale with the needs of the neighborhood or the ��a,e: As noted, this is a minor expansion of existing use in character with its surroundings. The outdoor seating serves as an amenity for the center and encourages pedestrian activity. 12. An� s�ecial rec�uirements set out in the schedule of site regulations in section 78-143 for the ga.rticular use involved. � This request does not create any new previously un-reviewed impacts under Section 78-143. Site Plan The reqnest for the companion site plan includes the revision to the plan for the inclusion of the 500 square foot deck, iandscape area waiver for the displaced .2% of landscaped open space area (6.8% to G.6°lo) 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. T�ze 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 wirhin the existing landscape area and therefore does not impact the curreat circulation system of the site. Consistent with Sectian 78-393 Renovadon of existing properties, the existing 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 the new amenity and aesthetic of the center. Two triple trunk Alexander palms, will join what has been a single coconut palm ta this landscape area. The reduction is rninor and in terms of the center wil! not negatively impact the amount of pervious axea, the fa�ade treatment and only serves to improve rhe overall "curb appeal" of the center. • Corner Cafe . SpecialExceptron/Site Plan Page 7 Conclusion As stated above the Shopping Center is a permitted special exception within the C-2 district. A restaurant and the associated outdoar clining is a permitted use by right within. the C-2 district.l"he overall additional of the deck as it relates to the site plan and subsequent changes that it wiIl have on the existing shopping center wi].1 only serve to provide more amenity and visual appeal to the overall property. At this time we wou.ld respectfully request approval of the spec.ial exception application and rhe site plan application with the landscape waiver and landscape plan revisions. N:\Comer Cafe 10.1202\Applications & Approvals\Speual Excepdon & Site Plan\Applicaaon Materials\Descriprion of Special Exception SP 090611.doc I {�, � � �� „� � ,. �'� , -- � � � � � ' ''w._ � t �.;.. -' I y � 1."�. n ' � ' x '� � \ \ � e� , r � : � Y r � � ���a, ,���/�°-� � �`�. ', ` ���� �r , ,i,r � . _ f �d� � �,/ � r /�� " r � "` � � f� . � .. � y � a � 5� � � `t � ��� '�!� � � � - � � ��r���� �� g�,;�.�, ��t ._, � , � �-���'' . - � �. • 1 �, i�� � . r� �: � , 1 � `� k � � v ,;�r' �..�(� , � �?' '�ee' . � ,5( i ,rl ` � . ' I � . - �� i �� r �j 'j! i 11r ;►�/�f 1�,.;.:, '/�i 'y ,,. ��x f � r •' `�, T � ,,, :' ���` ti . a . ,. _,. �, � �`�• ,� � _ ;, � � � �/��� � � � � i` � � � , � � ;,i����, },`�� '� .�� { ��` �� '' Y «�i� � ' �.�,:, ��,rl �. �k� ����^,�'� J r `�` '�f..try� I'� _ �1� .� .. ,,` 'f1 4 . . r. ' s � N,' ,t� "� � ."�...��::� �� ..� �� !�' . _ C�rrrer Ca�e d� �rewerY , , . - ���' €.� �;, � °, � �+�� i=� � I . I- �' �, � r � �� � I ti , � � l� r,l�,�' ���i �' � , I i, i � q a. � y �' , d �� 0.� a II � � ,, � � ' ��f / d� ,�� J � y, �'; ,' � �4�/�4�I.'.�' �t�4t �d� i (' �N 1/ i �t�`�,���/�„ . '�� Z�1 � 1 ,�. �,��� ,� Corner Cafe - Outdoor Seatin Deck View From US-1 N.T.s.