HomeMy WebLinkAboutDocumentation_Regular_Tab 13_11/10/2011 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
November 10, 2011
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SE 05-11 Request for a Special Exception in accordance with the Village Zoning Code to allow a
restaurant (including carry out) use in the MU zoning district as provided in Sec. 78-180. The applicant
is Cafe' Heidelberg, Petra Willers. The subject property is located at 150 U.S. Highway #1, Tequesta,
Florida 33469.
BUDGET / FINANCIAL IMPACT:
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)
The applicant is requesting a Special Exception Use approval for a restaurant (including carry out) use in the
Mixed Use zoning district pursuant to Sec. 78-180 (i) (1) of the Village of Tequesta Code of Ordinances. Cafe
Heidelberg will be located in an existing shopping plaza (Tequesta Fashion Mall). Even though the space is
currently vacant, it was previously occupied by a restaurant under the same name "Cafe Heidelberg". When
the restaurant opened in 1986, the zoning district was Commercial, and restaurant was a permitted use.
APPROVALS: �SIGNATURE: =-
Department Head � � � � , ' �'
J / I.
Finance Director ; !
Reviewed for Financial Sufficiency ❑ �
No Financial Impact ■ ;
Attorney: (for legal sufficiency)
Village Manager: �,r
�j.. _,._:�__. �
Submit for Council biscussion:
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 —11.10.11
1. PETITION DESCRIPTION
APPLICANT: Petra Willers
Cafe Heidelberg
REQUEST: The applicant is requesting a Special Exception Use approval for a restaurant
(including carry out) use in the Mixed Use zoning district pursuant to Sec. 78-180 (i)
(1) of the Village of Tequesta Code of Ordinances.
LOCATION: 150 N US Hwy. 1, Suite 11-13
Tequesta Fashion Mall
Tequesta, FL 33469
2. LAND USE AND ZONING
EXISTING LAND USE FUTURE LAND USE ZONING
SUBJECT PROPERTY Mixed Use Mixed Use MU-Mixed Use
North
St. Jude Church Mixed Use Mixed Use MU-Mixed Use
South
112 N. U.S. Hwy. 1 Mixed Use Mixed Use MU-Mixed Use
East
US Hwy No. 1 Commercial Commercial C-2 Commercial
Tequesta Shoppes
West Mixed Use Mixed Use MU-Mixed Use
Tequesta Oaks -
Multi Family
Residential
1
Department of Community Development - Staff Report—Special Exception Application — Cafe Heidelberg.
3. STAFF ANALYSIS
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.
CRITERIA FOR GRANTING SPECIA4 EXCEPTION
Per Section 78-362 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 78-180 (iJ (1J Special Exception Uses permitted in the Mixed Use
zoning district of the Village of Tequesta Code of Ordinances. "Restaurant (including carry outJ" is
a permitted special exception use. Please see attached proposed restaurant lay-out.
2. The use is so designated, located and proposed to be operated so that the public health, safety,
welfare and morals will be protected.
In compliance. The proposed use "Cafe Heidelberg" will be located on an existing shopping plaza
(Tequesta Fashion Mall). Even though the place is currently vacant, it used to be occupied by a
restaurant under the same name "Cafe Heidelberg". At the time the previous restaurant opened
(1986J, the zoning district was Commercial, and restaurant was a permitted use. The proposed
use is compatible with the character of the surrounding area, and will not impose a threat to the
public health, safety, welfare and morals.
3. The use wilf not cause substantial injury to the value of other property in the neighborhood
where it is to be located.
In compliance. The proposed use will not cause injury to the value of the other property in the
Shopping Plaza where the subject property will be located.
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 is compatible with properties located at the Tequesta Fashion
Mall and the overall character of the Plaza.
5. Adequate landscaping and screening is provided as required in this chapter.
In compliance. The subject property is located in an existing Shopping Plaza that complies with
this provision. Also, the proposed use does not add or modify the existing square footage of the
facility.
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.
In compliance. The application does not involve increasing square footage; the proposed use
meets the required parking. Also, since the subject property is located in an existing Shopping
Plaza loading area is provided.
2
Department of Community Development - Staff Report—Special Exception Application — Caf� Heidelberg.
7. The use conforms with all applicable regulations governing the district where located, except as
may otherwise be determined for planned developments.
In compliance. The proposed use is located on the MU Mixed Use district at an existing Shopping
Plaza, and conforms with applicable regulations governing the district.
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
l'he subject property is located on Mixed-Use future land use district. The proposed restaurant
use complies with Policy 1.1.2 "the Village's Land Development Regulations shall conform to, and
implement, the use, density and intensity standards as outlined on Table FLU-1"
Table FLU-1 states small scale retail services, business services and professional services are
considered part of this district. The proposed use "restaurant" 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 flow and control, and access in case
of fire or catastrophe.
Also, the subject property is located in an existing Shopping Plaza, ingress and egress to the
property with particular reference to automotive and pedestrian safety, and access in case of fire
or catastrophe are factors rhat are met. The proposed use "restaurant" meets this provision.
3. Off-street parking and loading area, where required, with particular attention to the items in
subsection (2) of this section.
Since the proposed use is located in an existing Shopping Plaza, and the application does not
involve increasing square footage, this application meets the required parking. Also, since the
proposed use is located in an existing Shopping Plaza a loading area is provided. The proposed use
meets this provision.
4. Refuse and service areas, with particular reference to subsections (2) and (3) of this section.
As stated in subsections (2J and (3J, the proposed use "restaurant (including carry outJ" 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 is compatible with the overall character of the Shopping Plaza. Even though the
place is currently vacant, it use to be occupied by a restaurant under the same name "Cafe
Heidelberg". The proposed use will not be detrimental to adjacent and nearby properties and the
Village as a whole.
3
Department of Community Development - Staff Report—Special Exception Application — Cafe Heidelberg.
6. Utilities, with reference to location, availability and compatibifity.
Since the subject property is located in an existing building, utilities, with reference to location,
availability and compatibility requirements are met.
7. Screening and buffering, with reference, to type, dimensions and character.
This standard is not applicable to this application. Also, the proposed use does not add or modify
the existing square footage of the facility.
8. Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect and
compatibility and harmony with properties in the district.
Since the proposed use is located on an existing Shopping Plaza, exterior lighting is in compliance
with Code requirements and aesthetics provisions. The subiect propertv will use the siranape that is
part of the current property.
9. Required yards and other open space.
Since the proposed use does not add or modify the existing square footage of the facility, this
standard does not apply to this application.
10. General compatibility with adjacent properties and other property in the district.
The proposed use is compatible with the overall character of the Shopping Plaza and its
surrounding area. Even though the place is currently vacant, it used to be occupied by a
restaurant under the same name "Cafe Heidelberg".
11. Whether the change suggested is out of scale with the needs of the neighborhood or the
village.
The proposed use is compatible with the neighborhood and the Village as whole.
12. Any special requirements set out in the schedule of site regulations in 78-143 for the
particular use involved.
The proposed use is located in an existing building in compliance with the regulations
requirements presented in 78-143. This application does not involve special requirements.
8. FINAL REMARKS
The appiicant is proposing outside seating, per Viliage Code the total number of outside seating
needs to be 20� of the restaurant total capacity.
This special exception use application met the requirements set on Section 78-368 notice of
hearing. The notice of hearing was advertised in the Jupiter Courier on 10.30.11; 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.
This report was prepared by Nilsa Zacarias, AICP, and;
Approved by Chief James M. Weinan _ Date f �
4
Department of Community Development -Staff Report—Special Excep 'o Application — Caf� Heidelberg.
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$ 75-180 TEQUESTA CODG 7.ONING § 78-180
tions, and facilities as are not to be (5) That carefuily placed buildings delineate (7) Persona] services.Amaximum 3,500 square b. A bypass traffic ]ane shall be pro-
provided, operated or maintained at and define public spaces and lots and feet of gross leasable area is allowed for vided if a one-way traffic flow pat-
general public expense. blocks. each tenant area or individually owned tern is utilized in the parking lot
unit. design.
c. Bind his development successors in (6) That streets are designed and act as ame-
title to any commitments made un- nities to the development and as quality (S) Bakeries. A maximum 3,500 square feet of c. All restaurants, fast food, shall be !
der subsections (d)(3)a. and b. of this public space. gross leasable area is allowed for each restricted to U.S. Highway 1 front-
section. tenant area or individually owned unit. age.
(g) Urb¢n design objectives. The following ur- d. A minimum 15-foot landsca e buffer
(4) Density. For the purpose of this section, if ban design objectives shall be considered as guide- (9) Recreation/open space. P
dwelling units are to be developed as part �9nes in all development proposals of the mixed- � shall be provided at all public road
of a proposed development within the (i) Speci¢l exception uses. Special exception rights-of-way, in addition to the, re-
use district: uses in the mixed-use district are as follows: uirements set forth in artic]e 1X,
mixed-use district, the total number of q
dwelling units permitted in the mixed-use (1) To bring many of the activities of daily (1) Restaurants (including carryout). division 4 of this chapter.
district shall be computed on the basis of living, including dwelling, shopping and (16) Rehabilitation facilities, subject to the fol-
1S dwelling units per gross acre for all other activities, within walking distance. ' (2) Public buildings and facilities. ]owing conditions:
residential uses, with the following excep-
tions: ACLFs shall be computed on the �2) To reduce the number and length of auto- (3) Church/house of worship. a. Rehabilitation facilities shall be pro-
basis of 13 dwelling units per gross acre; mobile trips to relieve traff'ic congestion. (¢) Civic/culturaUinstitutional uses. hibited from being located within a
and rehabilitation facilities shall be com- (3) To provide internal vehicular circulation one halFmile radius ofanother reha-
puted on the basis of eight dwelling units to relieve traffic impact on arterial roads. (5) Private schools/schools of instruction. bilitation facility.
per gross acre. (6) Bed and breakfast. b. Ninety percent of the dwelling units
(4) To provide defined public spaces and streets shall have a minimum of 575 square
(5) Brailding height. The maximum building that allow the citizens to observe and (7) Hotel. feet. The remaining ten percent of
height allowed shall be six stories or 84 watch over the collective security. the dwelling units may ha��e a min-
feet above average finish grade. (S) Adult congregate living facility (ACLF)
(5) To provide sites for civic buildings. subject to the provisions of section 78- imum of 500 square feet.
(e) Site plan reuiew. In adherence to Policy 177(d)(4). c. A ma�cimum of 40 percent of the
1.12.1 of the village comprehensive development (6) To provide flexibility for the development dwelling units shall be permitted to
plan Future Land Use F.lement, all proposed strateb es that evolve over time. (9) Gasoline service station (only fronting on have two bedrooms. In no case shall
U.S. Highway 1).
development plans for the mixed-use district shall a dwelling unit have more than two
be sub�ect to review and a roval b the villa e �h) Permitted uses. Permitted uses in the mviced-
J PP Y g (10) Private clubs. bedrooms. 'I�vo bedroom dwelling
council. use district are as follows: units shall have a minimum of 750
(1) Single-family dwellings. (11) Railway station. square feet.
(fl Urban design priazciples. The following ur-
ban design principles shall be considered as guide- (2) 'IWo-family dwellings. (12) Planned residential development (PRD). d. Occupant load for individuals receiv-
lines in all development proposals of the mixed- (13) Planned commercial development (PCD). �ng treatment shall not exceed the
use district: (3) Multiple-family dwellings. number of bedrooms. Bedrooms and
(14) Permitted uses under subsections (h)(4), studio dwelling units shall be for
(1) That mixed use promotes economic and � Small-scale retail sales and service. A (5), (6), (7) and (8) of this section in excess single occupancy only. Overall den-
social well-being. maximum 3,500 square feet of gross leas- of 3,500 square feet parge scale retail sity for a rehabilitation facility shall
able area is allowed for each tenant area sales and seroice) which are in conformity not exceed eight dwelling units per
(2) That streets serve the needs of the pedes- or individually owned unit. with the intent and integrity of the dis- gross acre.
trian and the automobile. trict.
(5) Business services. A maximum 3,500 e. Dwelling units shall be configured
(3) That proposed squares and plazas provide square feet of gross leasable area is al- (15) Restaurants, fast food, subject to the fol- as follows:
collective identity and a place for social lowed for each tenant area or individually lowing conditions: 1. Studio units, if provided, shall
activity and recreation. owned unit.
a. Each drive-up window stacking lane have a one combination bed-
(4) That public bui]dings, facilities, and spaces (6) Professional services. A maximum 3,500 must be clearly designed and marked roomQiving area/ kitchen, and
are symbols of the community and convey square feet of gross leasable area is al- so as not to conflict or interfere with a private bathroom.
identity and pride through their architec- lowed for each tenant area or individually other vehicle or pedestrian traffic 2. One-bedroom units, ifprovided,
tural clarity and civic functions. owned unit. utiliaing the site. shall have one private bed-
Supp. No. 12 CD78:60 Supp. No. 72 CD78:61
§ 78-4 TEQUESTA CODE
of their substance abuse. Medical or emer- such use, and shall not exceed 20
gency detoxification is performed under percent of the establishment's per-
the direct supervision of inedical doctors mitted seating capacity, shall be in
and medical support staff, and may in- keeping with the exterior architec-
clude the administration of inedication or tural theme of the building, and in
tranquilizers in order to ease the with- no way shall permit the consump-
drawal process. tion of food or beverages within au-
Residence. See Dwelling. tomobiles.
d. Food and beverages are regularly
Residential use means use of land or structures served to patrons while seated at
thereon, or a portion thereof, as a dwelling place their table by an employee of the
for one or more families or households, including establishment.
residential rehabilitation facilities in the MU
mixed-use district, but not otherwise including (2) Fast food restaurant ineans any establish-
occupancy of a transient nature such as hotels, ment whose principal business is sale of
motels, or timesharing rentals. foods, frozen desserts, or beverages to the
customer in a ready-to-consume state for
Restaura�zt. See Retail food establishment. consumption either within the restaurant
Restrictive, fnore (less). A regulation imposed building or for carryout with consumption
by this chapter is more (less) restrictive than off the premises, and whose design or
another if it prohibits or limits development to a principal method of operation includes
greater (lesser) extent or by means of more (less) any of the following characteristics:
detailed specifications. a. Food and beverages are ordered fi�oin
Retail food establishme�zt means any fixed or a limited menu posted in sign forin
mobile place or facility at or in which food or within the primary food service build-
beverage is offered or prepared for retail sale or ing or on the premises.
for service. The definition includes restaurants, b. Foods, frozen desserts, or beverages
fast food restaurants, carryout restaurants and are usually seived in edible contain-
drive-in restaurants. A cafeteria shall be deemed ers or in paper, plastic, or other
a restaurant for purposes of this chapter. disposable containers.
�u �(1) Restaurant means an establishinentwhose c. The consumption offoods, frozen des-
�-. priinary business is the sale of food and serts, or beverages within a motor
beverages to patrons for consumption on vehicle parked upon the premises, or
the premises and whose design and method at other facilities on the preinises
of operation includes any of the following: outside the restaurant building, is
a. Patrons place their order at their posted as being prohibited and such
table from an individual hand-held prohibition is strictly enforced by the
menu, which displays or describes restaurateur.
the food and beverages available to d. The kitchen is in excess of 50 percent
them. of the total floor area.
b. Preparation, service and consump- (3) Drive-in restaurant means any establish-
tion of food and beverages takes place
i within a completely enclosed build- ment where provision is made on the
�- premises for the sale of foods frozen des-
� ' ing, accommodating at least 80 per- serts or beverages to the consumer in
cent of the establishment's permit- automobiles or primarily within a com-
ted seating capacity. pletely enclosed building accoinmodating
c. Outside table dining is perinitted in at least 90 percent of the establishment's
areas permanently designated for permitted seating capacity and whose de-
Supp. No. 12 CD78:26
v �
�~ ' DEPARTMENT OF COMMUNITY DEVELOPMENT
�� 345 Tequesta Drive, Tequesta, I'L 33469
� '� Q Phone: 561-768-0450; Fax: 561-768-0698
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SPECIAL EXCEPTION APPLICATION
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it
is understood that it shall only authorize that particular use described in this application and any conditions or
safeguards required by the Village of Tequesta.
n � , u
Name of Applicant: �Y � T Q �� �v � � t--� ��� �_�_t'C }-}�E ��C �� �-' G
Mailing Address: ��_� C� Qv Ul�• S-1 �-�-}- ��(s� ��d �S...ti 1 T� � I �� ��.� �-t L-`-S j1�-'
Phone No, (Home) �� �s� � - '-i (� � - � � � �- (Business) � G I — l–I (`� I -- �' �� � �'
Lot/Parcel Addt•ess: 'I ;� [�� '�v l' _� .��'� � � � �L� � . '_Si.,�. � �T� I l — � � T��i� C.4 E �J T��--
Lot: Block: Subdivision:
Property Control Numbe�° �� �j -- �� " � � �-- �� — �� .- (�� � -- � � �?�- C ?
Existing Use: � i.� �-���i T�L�-� �}� \/� �-} �� C� ► +Sf,`�;-� C.� �.
Desci•iption of Special Exception :
VL�'C ( s -{�-�.. `�� �%� ��a� �' �C °-J � 6r�1.:��f �� 1 �S� � L__
��_���f�-�� 1( C���,�� f���- �� A�=t �1�11 �F.:�� ��- C���( �-�� � 5� � SY��r' �,
Property Owner: F�S� 1)C� � c ,« T� �. �—� 6Yl �. (,1 � � �� � 5 T�F= h,' L� � � C_._���-} � �Kl
NOTE: Applicant shall include the following with the application:
1) Current survey or site plan of property showing structures and setbacks.
2) Drawings to scale of proposed improvements requiring special exception use.
3) Written approval from property owner if other than applicant.
4) Any other documentation pertinent to this application.
5) Fifteen (15) copies of all submittals.
6) Application Fee of Fiva Hundred ($500.00) Dollars.
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TEQUESTA FASHION MALL P : 561:248,95 8`-� �61.7a7.3054 E; info@dixieplumbinginc.com
A: P.O.' Box 4332, Tequesta, FL 33469
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Village of Tequesta
Cammunity Develop�nent Department
346 Tequesta Drive �
Teq�esta, FL 334b9
RE: 15Q N. IJS Hi�hwav l, Unit 11,12,13 Tequesta, FL 33469 for Leased Premises
bv �nd between SLO-ML, LLC fTequesta Fashion Mall) and PJW German
Restaurants, LLC (Tenant}.
Dear Village af Tequesta:
As Landlard, we are asl�ir�g for Special Exemptic�n frorn the �illage of Tequesta. We are
submittin�; �11is reque�t by Monci�y, �ctober 17, 2011 to campiy with th� special
exemption requirements for the Village's requirement frorn Landlord advising the Village
of Tequesta that the LandLc�rd has ap�roved a res�aurant ir� our cur�ent vacant spaee as
identified abave at Taquesta Fas�iion Ma11.
Please call me at 561-248-9528 if yau have any questions. Thank y�au for your attention
to this matter.
Sincerel �
SLQ-l�� �C an lard ?
,+ �- /' �
� ery�01dham , :
Owner
cc. Engel & Voelkers Jupiter Real Estate :
�.r �— I �.
��, .�ir�a�i�• '��5� e�i� � ��i�■�s�;�_i�■, �
� ,
Division 3. Special Exception Uses
Sec. 78-361. Purpose.
The development and execution of a zoning ordinance is based upon the division of the village into
districts, within which the use of land and structures and the bulk and Iocation of structures in relation
of the land are substantially uniform. It is recognized, however, that there are certain uses and features
which, because of their unique characteristics, cannot be distinctly classified or regulated in a particular
district without consideration in each case of the impact of such uses and features upon neighboring
uses and the surrounding area, compared with the public need for them at particular locations. Such
uses and features are therefore treated as special exceptions. A special exception is not the automatic
right of any applicant.
Sec. 78-362. Criteria.
Special exception uses and their related accessory uses or any expansion, enlargement, or modification
of an existing special exception use shall 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
and other applicable requirements as set forth in this chapter:
1. The proposed use is a permitted special exception use.
• Restaurant is a permitted special exception use.
2. The use is so designed, located and proposed to be operated so that the public health,
safety, welfare and morals will be protected.
• Yes. The proposed use is part of an existing shopping center. '
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 use will not cause substantial injury to the value of other property in
the neighborhood as it is an existing shopping center.
4. The use will be compatible with adjoining development and the proposed character of
the district where it is to be located.
• This is an existing shopping center with previous restaurant.
5. Adequate landscaping and screening is provided as required in this chapter.
• The proposed use is located within an existing shopping center containing
landscaping approved by the vil/age.
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 existing shopping center contains adequate parking along with ingress and
egress previously approved by the village.
7. The use conforms with all applicable regulations governing the district where located,
except as may otherwise be determined for planned developments.
• The proposed use conforms with existing regulations within the Mixed-Use district.
1�Page
Sec. 78-363. Findin�s required for aparoval.
Before any special exception is granted, the village council shali apply the standards set forth in
this division and shall determine that satisfactory provision and arrangement of the following
factors have been met by the petitioner, where applicable:
1. Compliance with all elements of the village comprehensive plan.
• Meets requirements of comprehensive plan as it is located in an established
approved shopping center.
2. Ingress and egress ta 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.
• Meets all the above requirements as it is located within a village approved shopping
center.
3. Off-street parking and loading area, where required, with particular attention to the
items in subsection (2) of this section.
• The proposed use is located within an existing shopping center with adequate
parking a/ong with ingress and egress. See attached survey.
4. Refuse and service areas, with particular reference to subsections (2) and (3) of this
section.
• Existing refuse area at rear of building, approved by village.
5. Nuisance factors detrimental to adjacent and nearby properties 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.
• No nuisance factors related to this business. �
6. Utilities, with reference to location, availability and compatibility.
• Existing shopping center, all utilities presently exist.
7. Screening and buffering, with reference to type, dimensions and character.
• Not required, part of existing approved shopping center.
8. Signs are proposed exterior lighting, with reference to glare, traffic safety, economic
effect and compatibility and harmony with properties in the district.
• After the special exception approval the existing sign will be permitted in
accordance with the building department regulation.
9. Required yards and other open space.
• Existing shopping center
10. General compatibility with adjacent properties and other property in the district.
� Use is compatible with other properties in the Mu/ti-Use district and area.
11. Whether the change suggested is out of scale with the needs of the neighbarhood or
the village.
� Use is consistent with existing shopping center and not out of scale.
12. Any special requirements set out in the schedule of site regulations in section 78-143 for
the particular use involved.
• Proposed use meets section 78-143 in the Mixed-Use district.
2�Page
Sec. 78-368. Application; notice of hearin�.
(a) A written petition for special exception shall be submitted indicating the section of this
chapter under which the special exception is sought and stating the grounds on which it
is required, with particular reference to the written findings under section 78-363 and
other specific conditions, if applicable, which the village council shall address. The
petition shall include all material necessary to meet the requirements of the
development concept plan listed in subsection (b) of this section and any additional
information that will demonstrate that the grant of special exception will be in harmony
with general intent and purpose of this chapter.
(b) A petitioner seeking special exception approval shall submit a development concept
plan on one or more sheets of paper measuring not more than 24 by 36 inches and
drawn to a scale not smaller than 100 feet to the inch. The following shall be provided
on the development concept plan:
This is not a development concept. It is a business within an existing shopping center.
1. Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage.
• Not required, existing shopping center.
2. The boundaries and dimensions of the property and its relationship to the surrounding
road system, including the width of the existing travel way (pavement).
• Not required, existing shopping center.
3. The location and dimension of existing manmade features such as existing roads and
structures, with indication as to which are to be removed, renovated or altered.
• Not required, existing shopping center.
4. The location of existing easements, watercourses, section {ines, and water and sewer
lines, well and septic tank location, and other existing important physical features in and
adjoining the project.
• Not required, existing shopping center.
5. The location and delineation of existing trees and information as to which trees will be
removed.
• Not required, existing shopping center.
6. Identification of surrounding land use, zoning and existing buildings within 100 feet of
the petitioned site, as well as the zoning of the petitioned site.
� Not required, existing shopping center.
7. A layout of the proposed lots and/or building sites including the following site data:
- Finished floor elevation.
- Common open area.
- Generalized landscaping and buffer areas.
- Internal circulation patterns including off-street parking and loading facilities.
- Total project density.
- Percentage of building coverage.
- Percentage of impervious surface coverage.
3�Page
- Percentage of open space areas.
- The shape, size, location and height of all structures.
• Not required, existing shopping center.
8. A traffic impact analysis as may be required by the village or its designated engineer
inciuding the following:
- Future right-of-way dedications.
- Intersection improvements.
- Traffic control devices.
- Traffic generation analysis.
- Distribution and assignment of traffic.
- Additional roadway needs.
• Not required, existing shopping center.
9. The proposed phasing of construction for the project is applicable.
• No construction.
10. For commercial uses, office use and uses other than residential, the estimated square
footage of the structure, the number of employees, the estimated seating, and the
estimated number of users of the facility, such as member, students and patients.
• Estimated square footage ................4,000
• Estimated number of emp/oyees....5
• Estimated seating ..............................122 (up to 20% will be outside seatingJ
• Estimated number of user ................30 per day
11. Proposed hours of operation for commercial uses.
� Monday ................................................closed
• Tuesday to Thursday ...........................11 a.m. to 10 p.m.
• Friday ....................................................11 a.m. to 11 p.m.
• Saturday .................................................5 p.m. to 11 p.m.
• Sunday ....................................................5 p.m. to 10 p.m.
12. A drainage statement or drainage plan as may be required by the village or its
designated engineer.
• Not required, existing shopping center.
13. Size, location and orientation of premises.
• No signs at juncture.
14. Proposed lighting of the premises.
• Not required, existing shopping center.
15. Ten aerial maps at a minimum scale of one inch equals 300 feet, showing the site
16. A legal description of the proposed for development.
• Not required, existing shopping center.
4�Page
(c) The application shall be reviewed by the land development staff within 30 days of the
submission deadline. Upon land development staff review and analysis of all submitted
materials, the building official shall forward a recommendation to the village council.
(d) A public hearing shall be held by the village council. The property owner may appear
personally or by agent or attorney.
(e) Notice of public hearing shall be advertised a minimum of ten days in advance of the
public hearing in a newspaper of general circulation in the area. The owner of the
property for which special exception is sought or his agent or attorney designated by
him on the submitted petition shall be notified by mail of the date and time of the
hearing. Notice shall be given by mail to all owners of property within a 300-foot radius
of the boundary lines of the property for which a special exception is requested. The list
of property owners within the stated radius shall be provided by the applicant from the
most recent tax roll information as provided by the county appraiser's office. The
applicant must furnish an affidavit signed by the person responsible for providing the
list. Notwithstanding any other provision contained in this section, failure to provide
written notice to any adjacent property owners shall not constitute a jurisdictional
defect provided that proper legal notice has been published.
S�Page
MU-MIXEO-VSE �ISiRICiS �
SCH'eOVLE OF SIiE FEG�LAiIONS � n � In � I 2 /l /^. 1 ^` `
1. MINIHUH LOT SIZE 3200 SOUAPE FEET �� 1 II 1 U I �\\ �� �/ A 1 \\ M� O�Y � p��
2. MININEH lOT HIOTH d0 FEET I II I I i \ 1 I I 1� 1 I I �� 1 \ 1 I II I 1� 1
l_� L� lJ LJ L1L� LJ ��J LJ LJ LJU
3. MAXIMUH LOT COVEPA6c' ��t
CO 30 20 1� 0 d0 90 IZO
n. MINIHU4 r-AONT YnRO SET-BACK 0 FEET GRAPHIC SCALE IN FEET
t' - 40'
�. MIN14U4 SIDE-YARO SET-BACK 0 FEET
(ABUTTING PESIOENTIALJ 1 FEET
6. MINIMUM REAF YARD SET-9ACK 0 FE`T
( ABUTTING RESI�ENiIAI] f0 FEET
]. MININl1H LANDSCAPEO/ OPEN SPACE 25T
0. MA%1�411H BUIL�ING HEIGHT 6 STORIES
(�A FEEi)
UTILITY AUTNORITY
f) SANIiARY SEHE(7 - IOXAHATC4EE ENVIRON4ENTAL COtlTROI [11STRICi.
2] HAiER - TEOIlESTA HATEH �EPAFTMENT.
31 ELECTRIC SUPPLIER - FLOfliOA PONER 6 LIGHT.
4) CnBLE Sl1PP�lER - A�ELPHIA CABIE.
`� --- - - 5J FlHONE SUPP�IER - AELI SQUTH.
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IIlV. INVEHT I _ v��vE (TVPic��Li ,__ ' F9EO�ILOIZ�G o ' SURVEYOR S NOTES:
GPA59 ,
CONC. C�NCPETE � j_- I � � � ' ' - �.___ y -
H. C. HAN�ICAP PARKING � _ ���F�'�n en�ix � covEF c e n e. --- m ep^5 F o�o � - ? ~_ �'',
' J __ I( � �bo.5' - - p - 11 OEARINGS SHOWN HEREON ARE BASEO UPON THE HEST 91GHT-OF-HAY
I I--- � 1 ��((��,, r \I a LINE OF Il. S, HIGHNAY .40. 1, BEING N 03' 53'33' E.
FP6L FLOFIOA POHER 6 LIGNi --' jj I I � -° „�� -_��"� 5 i � R_ E
CONC. C�NCl1ETE m I-- -� p -" �saxA�r - 9. 3' _ � 3 , , , " - � 21 [LEVAT I ONS SHO'AN NEREON Af1E BASEO lIPON N. G. 4. �. 1929.
m I .I _- u� � � B G V I I� 1 I I � 10.0' CdV.
�.L1.B. OFFICIAL RECOf��S �OOK - j�- �N EXIST �BIII ��INGEACIAL I ¢ � 3; UiILIilES SHOi1N HE47EON AFE VISI�LE ABOVE GRal1�0
�rc�lOASix i FEATURES. iHEPEFOFE. AOOITIONAL SUB-SIIRFACE UTILIilES
P.O.B. POINT Of BEGINNING - e( �� carc 2 FIN. FLOOfl ELEV. - 22.85 � orrev c-a�siy a u - � �R STAUCTUFES 4nY E%IST.
P. O. C. POINT aF CQ4HENCF.HENT � �srx��i �a 3 oF e�9ix � - � ' �snn��� 5g �5� , b �
N a -_.�Ww AI AOORESS: 150 U.5 HIGHHAY No f
HEAS. NEASURED � � � TEOt1ESTA, FLORIOA 334fi9
� r-o X0�0 FENCE ' I n `�. IrEai ��I � t6a.5' '���c �xc I I I I � ' '� fi 5� FL00� ZOIJE 'C' COMNIINITY PANEL Na. 120228 000f C
I _� HC COVE11fU CL1.'A. � �I�� l � o�
II � _ ;; _ � e _ _ _ _ e -� � - RFVISEO SEPTEH6ER 30. 19B2.
. . . . . DUPIE� HAiEa NAIN \ � WI � , p�� 55 � +�=� - --° - ' � TYPIfA �µTEq p� _ - - a m >i C
cavEaco coxc. 63.5' 127.3' bl TNE HEST LINE OF THIS PARCEL NAS ESiABLISHE� FPOM PHYSICAL
_ CHAINLINK FENCE m� --- 4 - c�icn a�s rv o� o".�� ,� 9 NONU4ENTAi ION SET BY LAN�NARK SURVEYING 6 NAPPING. �NC
� 00' 95.2' NC ap.0' 209. 1' eRICM 192. B' s a�siH - uLL_F0 �j
�� _I � m O f � ,,,(((��� �= �_ ' � o _ �� 1/ il- PEOESTRIAN EASE4ENT (O.R.B. 9<20. PAGE �f4)
I EXISTING CONMEPCIAL E%ISTING CO4HEpCIAL e 0 � � � � ( L= - 1J �
BUIL�ING Q DUILDING I �i� a `� � ��rI � BI �- PAPCE� 2- POPTION OF THE INGPESS S EGPE55 EASENENT
J � FIN. FLOOF ELEV. • 22.71 FIN. FLaOR ELE4. - 22.83 _ -
Z m� � COVEREO eaicHBO -.�_ � o � �1GREEHENT(U.P.B. 9423, PAGE tlfi7] APPUpTENANT i0
I-- ta' uTILIiY EpSENEHT i �0.0', u TO PAqCEL 1.
¢ �' S 209.1' 192. B' '" � I0. .9. 20d99. AGE 121
qo.b `° p� ° 9) 9 HANOICAP SPACES, 224 PAPKING SPACES, 232 TOTAL PARKING SPACES
C65 WA L-� �� 6 - � ^I0.6'e eA5 �_ FEnsc innas. •' �aHi[n ��a , 51 OUMPSTEP FAExcn Canix ��EiEV�siz � f5. �' � m y .. � rfi i - MORE
4 � ,,; ,��„ � '��P 2 _� y . I01 PAqCEL 1, CONTAINING 193.259 S0 FEEi Ofl 4207 ACRES,
Z r _ COHCRETE ie rrE�v. •�xi � p s€ � �- A cnE�s� rn PA � � �e 9 eorrox�oF e�si�x �_� Ofl LESS.
FOUN� •4 IFON R00 \ DUNPSTER � F easix F ��. cr on�iH s N F. P 6L. ' �;\ _ j ''
aYP BOX m :1) � HEPEBY GERTIFY iNAi N� �TRl1CTUFlE ON AOJACENT PFlOPERTY ENCROAC4E5
C,1P R. E. 0. SURVEYING PAD I � � I �_� �- - P " i � � � � s N I FP �I� � - ON iHE Pl�OPEFTY SURVEYEO AND iNAi NO SiFUCiUPE ON THE PROPERTY
� I SURVEVEO ENCROACHES ON ANY ADJACENT PPaPEFlTY.
t�" �TILITY'cASEHENT -"�"" "� � L ��I L��� 6{iA55 ` f1
lOAB 13969 PG t9371 '�� � .�---- - os CBS-NALL __ 393.04 o "��� EA Y7 . . �,�°, a '
4. B2' _ � � -d
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�
'� E EY.' I ICEEO A00'48'la'EI IFa v�l��s =�E[ epY � � � ]a --- -
I m FASi I.INE OF TE�UESiA OAKS / x. ixv. c�EV.• i5.o3n �in_ -' s c55kn� -��� a
^� u5 ,'AL` \ PARCEI. 1:
\\ fP6L EASEXENTS \° w� FOUNO 5/B IRON R0� p oppC[L OF LANO �YING IN SECTION 30, 70HNSHIP 40 SOIIiH. HANGE 43 EAST,
[OR� 3008, PG 1225J 10' HATER HAIN EASEMENT � � PALH 6EACH COIINiV, FLORIf]A. F]EING MOGE PARTICIILAfiLY �ESLRIBEO ��5
VSO' HATER MAIN EASEMENT �Oi]9 1962, PG a971 ��
(OFB f962. PG 497] IRRIGATION HELL FOUN� CONCRETE MONUHENT FOLLONS:
PSH• 5019 C04MENCING Ai THE INTEflSECiION OF iHE CENTEflLINE OF L'.S. HIGkIHAY N0. 1
7EOUESTA OAKS '�ITH iHE SOViN LINE OF SAI� SECTION 30; THENCE NOPTH 43 [AST
fBEARI,YG BASE] �1L0.�'G SA10 CENTEflLINE OF I1.5. HIGNHAY N0. t. A pISTANCE
[PLAT 000K 79, PGS 93-97) �F 1507.3� FEET: LHENCE SOIITH B9'45'59' XESi. ALONG A ll1lE PARALIEL i0
SA1� SQUTH LINE OF SECiION 30; A OISTANCE CF 60.1fi FEEi TO THE INTEFi
SECiIGN HITH iHE HEST AIGHT LINE OF SAID 11.5. HIGH'�iAY N0. ! ANO
THE P^INT OF BEGINNING; TNENCE CONTINUE SOUiH 89°45'59' NEST, ALONG
SA10 PAflALIEL LINE, A OISTA4CE OF 234.85 FFET i0 iHE INTENSECTION HITH
iHE EhST LINE �F THE PLAT OF TEOIJESiA OnKS, AS RECOR�E� IN PL0.f 900K
]9, PAGES 93 TO 97, PIIBLIC aECOFDS �f PAI.4 OEACH COVNTY, FLaR1�A'.
iHENCE HOflTH 00•OB't0" EASi, AIONG SA10 EASi LINE OF TEOVESTA OANS,
� rJ MARTIN OUN A OISTANCE OF %lB.7fi FEET i0 fHE INTERSECiION HIiH A LIN[ 400.00 FEET
N l '_ ___ _ SOUiH OF AN� PAPALLEL TO iHE NO(iTH LINE OF THE SOUTHHEST t/4 OF SA10
P,ALM BEAC N SECT I ON 70; iHENCE SOUTH B9• d6' 23' EAST, ALONC SA 10 PAqALLEL L I NE, A
OISTAY:CE OF 25d.B3 FEET TO THE INTEPSECTION HI7H SA10 NEST FlIGHT-OF-HTY
�� S ioN P N `BR9A�VIEW C idge o IINE CF U.S. HIGHHAY 40. (. BEING A CURVE CONCAVE T� THE NEST, HAV14G
x�LL �'-. 9Tp eflch S und A PAOIUS OF I050.08 FEET. ANO HHOSE RA01115 POINi BEAPS OUTH 23•29"10'
/� NEST �HENCE SOUTHERLY Af.ONG SAI� CIIRVE. THROIIGH A CENLRAL ANGLE OF
� V Q 'I U 1 E� TA-' �F��� A 707 `'� 40•2�4'2d' A OISTANCE OF 33fi.03 FEET TO THE POINi OF CUPYAiUflE OF SA10
�� I;'' n II / �1 ( \�\ 0 � \ µ \ ]n II n I I � M �� � Couury'� � ceen Sound � CIIPVE; .HENCE SOUTH 03'53'33' NEST, AL�I:G SA10 HESTERLY RIGHT-OF-HAY
I n �� LS W L°J � D�J ��, � C' 1�.l � LI � Ll PoPURRO � ���f. eqY LIHE, A OISTANCE OF 302. 19 FEET TO THE POINT Oi' 6EGINNING.
; Line ', � 9 Bawin Ror.k � PARCEI 2:
SLO-ML, LLC, A FLOR I DA L I M I TED L I AB I L I TY COMPANY � ; P �� �, GPITER r e � rnar FORiION oF rHe ir+caess-ecaESS EASEMENT, AS oescaieEO IN THE
C EIQHTS p n Bs�uveaarccln
ANCHOR COMMERC I AL BANK, I TS SUCCESSORS AND/OR ASS I GNS ; a v��°E` �* *^LL�^K��a
E �N� ` P 7 .� aaHUnocr CONSTFJCTION/EASEMEHT AGPEEHENT RECOROEO IN O.P. BOOK 9d23. PAGE Stfi7.
DOUGLAS FIAWLS G I GV I N, P. A. - en� A P� - - �LAtI3ELONNOGq Pli]LIC FECOflDS OF PALH 9EACH LQUt7TY, fLORI�A, '/HICN IS APPUPTENANT TO
� PAPCEL t
ATTOGNEYS' T I TLE I NSURANCE FUND, I NC. E ��'�� a '°e. n c v� °�' °^";°"
� oau °s� a � _ �
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I HERE9Y CEPTIFY TO EACN OF THE ABOVE THAi A SUHVEY OF THE P(10PEPTY OESLPIBEO �� 4 � y �� C O LO N Y aEV�SEO Nai£5 2 JANUAaY 2GO6.
HEREON NAS HAOE UNOER NY SUPERVISION AN� LHAi THE SURVEY .NEETS 7HE ((� �_ �gy�, „ ` cEariF�cArlc.v cH.tNCE z] oECEHaEN zoos.
HINIXUM iECNNICAL SiAN�AF05 SET FOf1TH 8Y iHE FLO(110A 90AR0 OF PROFESSIONAL � � Eg ij ��, q y„� �
LANO SUqVEY0q5 IN CHAPiEP 6LG17-6. FlORIOA AONINISTqATIVE COOE, PUflSUANT 70 I �
SECTION d72.027, FLOPIOA STA7UTES. '�j_�� ?pA��'s`�. o cann�y � ����A
��}.�`nr °} ' P va � �_' p� � 1 Y p ' � OA iE: NOVENBEF 22. 2006
NOVEI48ER zz� ? 006 . . _� �,�m�� ,��� ���m.����
OATE OF FIELD SIIRVEY pAN H. DAILEY SCALE: 1• • aa'
�AILEY AND ASSa��ATES, ��,�. LOCATION MAP oHAMN9Y: �.N.o.
r-�aaion �neo SUPVEYOR N0, 2439 SURVEY I NG 6 MAPP I NG FIELO BOOK: 132
112 N 115 HIGHXAY 1 -
TE�IlESTA. FLOPIOA 33469 LIBflARY� BH-056N
THE PFOPERTY OESCRIBE� HEFEON IS AS FU{iNISHE� A`ID NO SEARCM OF THE Pt18LIC PHONE (56t) 7dfi-9424 xORK aROEH NO.: Be-056-I)
47ECOp05 OR OEVELaPXENT l7EGULATIONS 4A5 BEEN HAOE BY THIS OFFICE. THIS SURVEY
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