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Home My WebLink AboutDocumentation_Regular_Tab 11_06/14/2012 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: June 14, 2012 Consent Agenda: No Resolution #: Originating Department: Community Development tl�e `�: SE 01-12 Request for a Special Exception in accordance with the Village Zoning Code to allow a restaurant use (including carry out) in the MU zoning district as provided in Sec. 78-180. The applicant is David Hanes. The subject property is located at 150 N. U.S. Hwy. # 1, #11-13, Tequesta, Florida. Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: No Appropriate Fund Balance: No EXECt�7'IVE �ItMl#RY OF MA.10R t3SUES: (This is a� shot description of the agenda item) The applicant is proposing to open a restaurant at the previously known Cafe Heidelberg place. The proposed restaurant will offer a full menu and accessory live music and minor dance area. The applicant is also modifying the interior by relocating restroom area; and, expanding and relocating existing bar area (see attached floor plan). Anticipated operating hours will be 11:00 am to 11:00 pm. � Department Head , Finance Director � Reviewed for Financial S iciency ❑ No Financial Impact Attorney: (for legal sufficiency) Village Manager: ,_,,.�---�� " ._.__...__ .._. Submit for Council Discussion: �/''�� Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to i�clude 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 — 06-14.12. 1. PETITION DESCRIPTION APPLICANT: David Hanes 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 • I 1 Department of Community Development - Staff Report — Speciaf Exception Application — David Hanes. • 3. STAFF ANALY515 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 SPECIAL 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 (includinq carry outJ" is a permitted special exception use. The aaplicant is proposinA a ful/ menu restaurant with accessorv live music and a minor dance area. The applicant is also nroposina to modifv the interior bv relocatina restroom area; and, expandina and relocatinp existin4 bar area. Please see attached existinp and proposed restaurant layout. • 2. The use is so designated, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. The proposed restaurant use will be located on an existinq shopping plaza (Tequesta Fashion Mal1J. Even thouqh the place is currently vacant, it was previous/y occupied by a restaurant known as "Cafe Heidelberg". The app/icant is anticipating to open five to six days a week from 11:00 AM to 11:00 PM The proposed use is compatible with the character of the surrounding area. Other restaurants similar in character ore currently part of the Village such as Hog Snappers, and Conch and Crab. 3. The use will not cause substantial injury to the value of other p�operty in the neighborhood where it is to be located. The proposed use wil/ 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 compa#ible with adjoining development and the proposed character of the district where it is to be located. The proposed use is compatible wi.*h 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. The subject property is located in an existing Shopping Plaza thpt complies with this provision. Also, the proposed use does not add or modify the existing square footage of the existing facility. � I 2 Department of Community Development - Staff Report — Special Exception Application — David Hanes. • 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 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 P/azp /oading area is provided. FINDIIVGS 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 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. . The subject property is located in an existing Shopping Plaza, ingress and egress to the pcoperty with particu/ar reference to automotive and pedestrian safety, and access in case of fire or catastrophe are factors that 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. 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 inte�ference and/or mechanical vibrations. The proposed use is compatible with the overall character of the Shopping Plaza. Even though the place is current/y vacant, it was previously occupied by a restaurant under the name of "Cafe Heidelberg". The proposed use will not be detrimenral to adjacent and nearby properties and the Village as a who/e since it is compatible with the character of the Shoppinq Plaza. Other restaurants similar in character are currently part of the Village such as Hoq Snappers, and Conch and Crab. The applicant is anticipating to open five to six days a week from 11:00 AM to 11:00 PM. • I 3 Department of Community Development - Staff Report — Special Exception Application — David Hanes. � 5. Utilities, with reference to location, availability and compatibility. Since the subject property is locared in an existing building, utilities, with reference to location, availability and compatibi/ity requirements are met. 6. 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. 7. 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 was previous/y occupied by a restaurant under the same name "Cafe Heidelberg". 8. 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. 9. 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. 7. FINAL REMARKS � The applicant is proposing outside seatinq, per Village Code the total number of outside seating needs to be 20% of the resraurant to�a! capacity. This special exception use application met the requirements set on Section 78-368 notice of hearing. The notice of hearing was advertised on June 3, 2012; 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, on June 4, 2012. • I 4 Department of Community Development - Staff Report — Special Exception Application — David Hanes. , e � .. �. -� .� �se ��e � 3„ :�' � .. �, �� ' - "`�� I �� ,� s `�. �. ' � ��'`� r� r _x"�.�� ,. - �� -, K,'.�" `'" ' ��-. ,�� - z "a'.� r `::�., � a ;� : � ��L.r»s� . 1 �.. � aR .. ��_.� , � .. - _ �.°-:� . . . _ ' ,. .. ._. _ .�'_ ...,i.: �. _ . -' .. � �� x� �I`�F i�� '��R -,-_'„� . . .. - r � � � . 1- Ji _/� � ,li ,e �.- - : ^ i .. �f � I �xistin� �on the Subject P P � _ , , -. - : � ,� �-�� ii� � ;:.. � � J �� i� �� .�° � °;;, s - - - -- � �. ,� ';, �' � A � � ,,� r � w � ��` �� ,,, ,_ � ' � .�� t � �� t� �`� t�' '�-� K �" � "�^� .;,� ' 1 � .� -°'S9YF 3d�- � �.�t YC,+.,`.�- {A , _ . __- - - � '-` � v � �j r 'fr'•fa' " .. � Y�S`«,: ,. i Iication—�a��d Hanes. � Report—Special Exception pPP I nit+/ Development - Stoff DePa�n'ent °f Commu a� . DEPARTN�NT UF CO1�M�IUNITY DEVELOPMSNT � 345 Tequest�. Drive, Tequesm, FL 33469 Phone: 561-768-0450; F�c: 561768-0698 1)ete: J �i� �� EXCEPT.�ON APPIdCA,TIOAT The undersigaed r�uests a Specia! �rcepti� for the Use 3pacified 6elow Should this applic8tion be �rov�, it is understood t�at it shel! only autnoriae t�at �ticular ase desc�'1� in tlus applicatton and any cAnditions or safe�uands requined by the Village of Te��. PROJECT NUMBER (for o�c� use o�j►) �� q A ��Z - l� PROJECT NAME: 1 w� �t.� 2�5'�Aw�q �� '—' C�L �'�� .1.�� PROJECT ADDRESS �� IO�! ry �S. (+� �� , � I � '" ��a��;� ��: � �:� � ,� �� -�� d� P�I �`� — APPticantNa�e: � AU1� ��1��•!� Applicaet'sAddress: I 0 �Q� � , ��(��. � �� x�`; �� '�F�b . �PPti�t's P6oae Na: �� ' �� (�I[ Na: 5 � $ � �� ' �1�� F�.: E-�a�U Addre�: � 'rovide wr��l+eir a�vproval,rro�n tl�e pr�p�y .�'e�lrer tl�i tlie a� ► '��'s�: S'i�V� �� 'M 11�� 1.� I � �iV1� �� ► o�e�� Aaa�: l7. �'°E Z. �'Q�. � • F �. �' `�� roperty Owner's Phone Na: 2� � ' �J � C�Q ATa: �� - � �� `° � �` �� No.: �l1 ° �� b �-�Aaa�: l��=a ��E�t�8��V61 �C •eoM �sc�rrox orwoRx: ��1 � iU �.u�1 �S � �I� �1 � l N _ I� I X� � s �►S i�� ?MP U� l Il� � I�fL40 (l, i'LDC�'r� i��` t2�o�S -- �� i9Z A� �� v�: �i ��T� �1��' � � � s�riptbe ofSpecisl Ezc�ption : , � �►��N 1 _ _ _ ..._ TE: Applicant sbaU inctude the follawing wii� the application: - 1) Current survey or site plan of progeriy showing structirres and setbeoks• t) Drawings to scale of proposed improvemer�ts requiring speaisi exceptiun use. � - 3) Written approval from properiy owner if other than applicant. 4) Any other documentation pertinent to this application. � 5) Fifteen (15) copies ofall submittals. 6) Application Fee of Five Hundred ($500.00) Dollars. *To cover all additional administrative cos�s, actual or aaticipated, including, but not limited to, engineering fees, consultant fees and special studies, the applicant shall compensate the Vi}lage for a!I such costs prior to the processing of the licaxion or not later than thirty (30) days after final application approval, whichever is determined ap priste by the Village. . �...� � z� �� Applicant's Signature �� • • �.. � � �� , � � � 'p � ��(�j��;`� ��{� �,A� P: �'i1;24$.��i�� 5�PS'i.74?_3�54 E: � � timbutgirtG.t�m A: P.O� Sex 44�� , �L 3�� y 2a, �0�� Village of Teques�ta Comm�nitY-Deveto�t Deparlmertt 346 Teques4. Drive Tequesta, FL. 334+b9 RE• 1S0 N US �w�v 1, Unit 11, lZ, ].3 Teaee�is, FL 33469 fot Lea�ed Premi�es bv and 1�tw� SI.O-1�. �,I.0 fTeueesta 1�I� a�d Hide��vav�Re�t�# {`I'�e�Yl. I�ar Village of Tequesta�: • As Landlord, we are asking for Special Exemption from Village of Tequests. We are submittiag this requ�st by May 24, 20i2 to +eompiy with � spe�ial exemptian �+em�nts for fi� i��iage's requirement firom Landlord advising the Village of Tequesta that the Landlord l�as approved a restaurant in our currenL v�cant s�Ce �s id�tifi�l above at T� Fashion Mall. Ple�ase call me at 56I-307-1853 if you have any qu�ion�. Thank y�u fur y�ur attsntian ta this matt.er. Since�ely, SLO-ML, LL ,�' C7 �� Step .Oldham �� General Description and Hours of Operation I want to create a dinning environment of the late 50's and 60's. Upscale enough to have character but with pricing that would allow multiple visits of two maybe three time a week with light fare such as appetizer, taps and bar entries. This could make a mid-week visit attractive. Full dinners would be more like a dining experience or night out. Entertainment is designed to compliment both experiences. Piano music after work, a round of golf or just meeting friends. Combo's playing for dinner and a night cap. The atmosphere/music should be about memories. Our target patrons, 50 to 70 years old, should relate to earlier times, dating what would become their wives or husbands. A song by Sinatra, Elvis, Tom Jones, Ricky Nelson, Otis Redding or Aretha will certainly bring back smiles and a few tears. My anticipated operating hours are 11:00 AM to 11:00 PM, five to six days a week. We may be overly optimistic about lunch, Tequesta being very much a bedroom/retirement community. Dinner, after work or a round of golf should be the staple of our business. 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 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 us is part of an exis#ing 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 va/ue 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 IocaterJ. • This is an existing shopping center with previous restaurant. 5. Adequate landscaping and screening is provided as required in the chapter. • The proposed use is located within an existinq shopping center containing landscaping approved by the village. 6. Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic and 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 my otherwise be determined for planned developments. • The proposed use conforms with existing regulations within the Mixed-Use district. • • • Sec.78-363. Findin�s reauired for aaproval 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 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 to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, t�affic flow and control, and access in case of fire or catastrophe. • Meets a/l the a6ove requirements as it is located within a vil/age 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 if located within an existing shopping center with adequate parking along with ingress and egress. See attached survey. 4. Refuse and service areas, with particular reference to subsection (2) and (3) of this section. • Existing refuse area at rear of building, approued 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 fadors related to this business. 6. Utilities, with reference to location, availability and compatibility. • Existing shopping center, all utiliiies presen#ly 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 specia/ exception approval the existing sign will be permitted in accordance with building department regulations. 9. Required yards and other open spaces. • Existing shopping center 10. General compatibility with adjacent properties and other property in the district. • Use is compatib/e with other properties in the Multi-Use district and area. 11. Whether the change suggested is out of scale with the needs of the neighborhood or the village. • Use is consistent with existing shopping center and not out of scale. 12. 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U.S. Hwy. 1#11-13, Tequesta, Florida., to sell intoxicating liquors, wines and beverages for consumption on the premises within a 523 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property is located in the M-U Zoning District. The applicant is David Hanes. SE 01-12 Request for a Special Exception in accordance with the Village Zoning Code to a11ow a • restaurant use (including carry out) in the MU zoning district as provided in Sec. 78-180. The applicant is David Hanes. The subject property is located at 150 N. U.S. Hwy. # 1, #11-13, Tequesta, Florida. Related documents are available for inspection and copying in the office of the Village Clerk in the Village Hall, Monday through Friday, from 8:30 a.m. to 5:00 p.m. All interested parties may submit written or oral comments before or at the public hearing. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings, and for such purpose, that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Village of Tequesta does nat provide such a record. PUBLISH: June 3, 2012 • $ 7 G � rf VILLAGE OF TEQUESTA � P - ` �s �, � a �� 9 DEPARTMENT OF COMMUNITY DEVELOPMENT ��;; � - 9 r •%� 345 Tequesta Drive • Tequesta, Florida 33469-0273 f .� O a "� o (561) 768-0450 • Fax: (561) 768-0G98 • � ` � ' � COUN� May 30, 2012 Mr. David Hanes 18896 Point Drive . Tequesta FL 33469 Subject: Request for Variance and Special Ezception Restaurant Space 150 N US Hwy. l#11-13, Tequesta FL Dear Mr. Hanes: Enclosed is a copy of the Village Council of the Village of Tequesta Notice of Public Hearing to • be held on Thursday, June 14, 2012, at 6:00 P.M. in the Village Council Chambers located at 345 Tequesta Drive, Tequesta, Florida, to act upon your applications for variance and special exception to the terms of the Code of Ordinances of the Village of Tequesta. You andlor your representative must be in attendance at the hearing to present your application. Sincerely, � �G�.ZG�t.trf/� _ � 3 Nilsa Zacarias, AICP Dir. of Community Development . EncL �c: Tequesta Fashion Mall . P.O. Box 4332 Tequesta, FL 33469 • yPGF �` `F VILLAGE OF TEQUESTA - v - J' � p - DEPARTMENT OF COMMUNITY DEVELOPMENT ' �� ' ,�- %� ' Q 345 Tequesta Drive • Tequesta, Florida 33469-0273 3 �� o (5G1) 768-0450 • Fax: (561) 768-0698 � ��. � � CoUN � May 30, 2012 RE: 150 N US Nwy.1, #11-13 Tequesta, FL Dear Property Owner: , As the owner of property located within 300 feet of the above-referenced property, Public Notice Is hereby given that the Viilage Council ofi the Viliage of Tequesta will conduct a Public Nearing on Thursday, June 14, 2012, at 6:OO�p.m. or as soon thereafter as possible, continuing from time to time and place to place as the said meeting(s) may be adjourned, in the Vilfage Council Chambers located at 345 Tequesta Drive, Tequesta, Florida; the Tequesta Village Council will consider and make final decision on the foflowing request: VAR 4-12 "onsideration of request for variance from the requirement of Sec. 78-298 to allow the restaurant located at � N. U.S. Hwy. 1#11-53, Tequesta, Florida., to sell intoxicating liquors, wines and beverages for umption on the premises within a 523 +/- foot radius of any church, school or youth center, where Sec. 78-298 currently allows for such sale only at a 1,000 foot radius or greater from any church, school or youth center. The property is located in the M-U Zoning District. The applicant is David Nanes. SE 01-12 Request for a Special Exception in accordance with the Village Zoning Code to allow a restaurant use (including carry out) in the MU zoning district as provided in Sec. 78-180. The applicant is David Nanes. The subject property is located at 150 N. U.S. Hwy. # 1, #11-13, Tequesta, �lorida. Related documents are available for inspertion and capying in the office of the Village Clerk in the Village Hall, Monday through Friday, from 830 a.m. to 5:00 p.m. All interested parties may submit written or oral comments before or at the public hearing. If a person decides to appeal any decision made by the Village Council with respect to any matter considered at such meeting or hearing, that person will need a record of the proceedings, and for such purpose, that person may need to ensure that a verbatim record ofi the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The Village of Tequesta does not provide such a record. Respectfully, .� � r �� -�� t acarias, ACIP •' Dir. of Community Development