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HomeMy WebLinkAboutDocumentation_Regular_Tab 13_06/12/2014 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: June 12, 2014 Consent Agenda: No Resolution #: Originating Department: Planning and Zoning AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) SE 01-14 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 Oceana Coffee, Scott & Amy Angelo. The subject property is located at 150 N. U.S. Hwy. 1, #1 & 2, Tequesta, Florida 33469. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: Choose an Appropriate Fund Balance: Choose an item. item. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 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's, Scott & Amy Angelo, own Oceana Coffee located at 221 Old Dixie Hwy. in the C-3 Zoning District. The subject application will allow to expand their business by opening a new cafe in the Fashion Mall at 150 N. U.S. Hwy. 1, #1 & 2, in the M-U Zoning District. APPROVALS: SIGNATURE: Department Head ' �`'"?- ; a . . � Finance Director ______W` �-_-______.___..____--_.__-,� Reviewed for Financial Sufficiency ❑ � ��� - No Financial Impact � Attorney: (for legal sufficiency) Village Manager: �'`"- Submit for Council Discussion: [�� Approve Item: ❑ Deny Item: � SPECIAL INSTRUCTIONS FOR CLERK: (if you wish to have agreements signed, be sure to include the number of copies you want signed and place "Sign Here" sticker on them) Form Amended: 10/20/11 • , PUBLIC NOTICE The Village Council of the Village of Tequesta. will conduct a Public Hearing on Thursday, June 12, 2014, at 6:00 p.m. or as soon thereafter as possible in the Village Council Chambers located at 345 Tequesta. Drive, Tequesta, Florida 33469. A hearing will be held to consider and make final determination regarding the followi.ng: SE O1-14 Request for a Special Exception in accorda.nce with the Village Zoning Code to allow a restaurant (including caxrryy out) use in the MU zoni.ng district as provided in Sec. 78-180. The applicant is Oceana Coffee, Scott & Amy Angelo. The subject properiy is located at 150 N. U.S. Hwy. 1, #1 & 2, Tequesta, Florida 33469. The above application for special exception and a11 related documents are available for public � examination and copying in the O�ce of the Village Clerk, Monda.y through Friday, between the hours of 8:30 a.m. and 5:00 p.m. The Public Hearing may be continued from ti.me to ti.me, as necessary. All interested persons are encouraged to come to the Public Hearing and be heard. PLEASE TAKE NOTICE AND BE ADVISED, that if a person decides to appeal any decision made with respect to any matter considered at these heari.ngs, he or she will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. The Village of Tequesta. does not provide such a record. PUBLISH: June 1, 2014 • � "���`=�;�, VILLAGE OF TEQUESTA � _ = ' � PLANNING AND ZONING DEPARTMENT �� �.' �- Staff Report — Village Council Meeting - 6.12.14 1. PETITION DESCRIPTION: SE 01-14 APPLICANT: Scott and Amy Angelo Oceana Coffee REQUEST: 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. LOCATION: 150 N US Hwy.1, Suite 1& 2 Tequesta Fashion Mall Tequesta, FL 33469 2. LAND USE AND ZOIVIMG • - "� � EXdSTINGLAND':USE ; FCJT�I�RE't�ND USE - ZO�I�ING' : 'k _ _ � _ � � _- - , - ��€�. , 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 I 1 Planning and Zoning Department - Stajf Report—Special Exceptian Application — Oceana Coffee I , � 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 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 (1) 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 specia/ 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, wrelfare and morals will be protected. The proposed use "Oceana Coffee" will be located in an existing shopping p/aza (Tequesta Fashion � Mal1J. 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. The app�icant's, Scott & Amy Angelo, own Oceana Coffee located at 221 Old Dixie Hwy. in the C-3 Zoning District. The subject application is to expand their business and to open a new cafe in the Fashion Mall at 150 N. U.S. Hwy. 1, #1 & 2, in the M-U Zoning District. The subject application does not include a kitchen facility and outside seating. In case they would like to offer outside seating, it will be reguired not to exceed 20°a of the establishmeni's permitted seating capacity. 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 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. The proposed use is compatib/e with properties located at the Teguesta Fashion Mal/ 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 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 parktng and loading is provided and ingress and egress is so designed as to cause minimum interference with traffic on abutting streets. I I I � I 2 I Planning and Zoning Department - Staff Report— Special Exceptlon Appliption — Oceana Coffee � • The application does not involve increasing square footage; the proposed use meets the reguired parking. Also, since the subject property is /ocated in an existing Shopping P/aza, loading area is provided. 7. The use conforms with all applicable regulations governing the distrtct where located, except as may otherwlse be determined for planned developments. The proposed use is located in the MU Mixed Use district at an existing Shopping P/aza and conforms with applicab/e regulations governing the districi: 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 fdllowing factors have been met with the applicant, where applicable: 1. Compliance with all elements of the Village Comprehensi�e 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, trafFc flow and control, and access in case of fire or catastrophe. Also, the subject property is located in an existing Shopping P/aza, 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 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. The proposed use is located in an existing Shopping Plaza and the application does not involve increasing syuare footage; this application meets the required parking. Also, since the proposed use is /ocated in an existing Shopping P/aza a/oading area is provided. The proposed use meets this provision. � 4. Refuse and seroice 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 compatib/e with the overall choracter of the Shopping P/aza. The proposed • use wil! not be detrimental to adjacent and nearby properties and the Village as a who/e. 6. Utilities, with reference to location, availability and compatibility. I 3 9 Planning and Zoning Department-Staff Report—Special Exception Application—OCeana CofFee i 8. Signs and proposed exterior lighting, with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. The proposed use is located in an existing Shopping Plaza; exterior lighting is in compliance with Code requirements and aesthetics provisions. 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. 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 This special exception use application met the requirements set on Section 78-368 notice of hearing. The notice of hearing was advertised in the Palm Beach Post on June 1, 2014; 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. t� ; ' -�. .,,� � . ,.. _ . _� �. .. ._� . .... :. _ � � . ���� � � � '� � , _ ��� . . _ �,,�� ; ; �� ��. , .t , , :�� � ' �� ,��, ��. ... ... ,.� .... . _. ' �� _, . � . I 4 Planning and Zoning Department - Stoff Report— Special Exception Application — Oceana Coffee ; ��. , k}M= �:�,, =�y-.._ � �� "�� � �, � '� � /` - �__Sec..78-180. MU mixed-use district. . (a) Purpose. The purpose and intent of the MU mixed-use district is to establish a village center which creates a vital, diverse core for the principles which utilize mixed-use development concepts and which permit a combination of usually separated uses within a unified development district area. � Natural features should be enhanced and environmental conditions carefully assessed. Commercial ! uses are intended to be limited to specialty small scale retail sales and services, business services and professional services primarily designed to serve residential neighborhoods of the village. Orientation to and compatibility with neighborhoods to be served are essential. Residential uses are intended to encourage the accomplishment of a more complete residential living environment through the application of imaginative approaches to community development which establish neighborhood identity and focus consistent with values of the village. It is further the purpose and intent of this area to provide lands for a range of residential uses from lower density single-family to higher density residential uses. Traffic circulation should not only accommodate vehicular traffic, but provide for the efficient movement of pedestrian and bicycle traffic. (b) Applicability of development regulations to mixed-use development. Although mixed-use development produced in compliance with the provisions and requirements of this section and other regulations as set forth and detailed in this chapter may depart from the strict application of property development regulations expressed in this chapter, such developments are to be in compliance with the village comprehensive development plan and platted of record in accordance with the procedures for approval of subdivision plats in chapter 66. The mixed-use development provisions set forth in this section shall be utilized in the review of all future development proposals for the special planning area as identified in Policy 1.12.1 of the Future Land Use Element, as designated on the future land use map contained in the village comprehensive development plan and as � identified on the village comprehensive zoning map as district MU. (c) Conflicts with other regulations. Where conflicts exist between the mixed-use district special regulations in this section and general zoning, subdivision and other applic�ble ordinance provisions, the special regulations in this section shall apply. (d) General requirements and special regulations. The following general requirements and special regulations shall apply to planned mixed-use development within the muced-use district: (1) Location. A planned mixed-use development is permitted only in the special planning district identified by Policy 1.12.1 of the Future Land Use Element, as designated on the future land use map contained within the village comprehensive development plan and as identified on the village comprehensive zoning map as district MU. (2) Configuration of site. Any tract of land for which a planned mixed-use development application is made shall contain sufficient width, depth, and frontage on a publicly dedicated arterial or major street or appropriate access thereto to adequately accommodate its proposed use and design. (3) Unity of title. All land included for purpose of development within a planned mixed-use development shall be under unity of title of the petitioner for such zoning designation, whether that petitioner be an individual, partnership or corporation, or a group of individuals, partnerships or corporations. The petitioner shall present firm evidence of the unity of title of the entire area within the proposed planned mixed-use development and shall state agreement that, if he proceeds with the proposed development, he will: a. Do so in accord with the officially approved site plan of the development, and such other conditions or modifications as may be attached to the approval. � � b. Provide agreements, covenants, contracts, deed restrictions or sureties acceptable to the village for completion of the undertaking in accordance with the approved site plan as well - as for the continuing operafiion and maintenance of such areas, functions, and facilities as are not to be provided, operated or maintained at general public expense. � c. Bind his development successors in title to any commitments made under subsections (d)(3)a. and b. of this section. I (4) Density. For the purpose of this section, if dwelling units are to be developed as part of a proposed development within the mixed-use district, the total number of dwelling units permitted in the mixed-use district shall be computed on the basis of 18 dwelling units per gross acre for �� all residential uses, with the following exceptions: ACLFs shall be computed on the basis of 18 ', � dwelling units per gross acre; and rehabilitation facilities shall be computed on the basis of eight dwelling units per gross acre. (5) Building height. The maximum building height allowed shall be six stories or 84 feet above average finish grade. (e) Site plan review. In adherence to Policy 1.12.1 of the village comprehensive development plan Future Land Use Element, all proposed development plans for the mixed-use district shall be subject to review and approval by the village council. (fl Urban design principles. The following urban design principles shall be considered as guidelines in all development proposals of the mixed-use district: (1) That mixed use promotes economic and social well-being. (2) That streets serve the needs of the pedestrian and the automobile. (3) That proposed squares and plazas provide collective identity and a place for social activity and recreation. (4) That public buildings, facilities, and spaces are symbols of the community and convey identity and pride through their architectural clarity and civic functions. � (5) That carefully placed buildings delineate and define public spaces and lots and blocks. (6) That streets are designed and act as amenities to the development and as quality public space. (g) Urban design objectives. The following urban design objectives shall be considered as guidelines in all development proposals of the mixed-use district: (1) To bring many of the activities of daily living, including dwelling, shopping and other activities, within walking distance. (2) To reduce the number and length of automobile trips to relieve traffic congestion. (3) To provide internal vehicular circulation to relieve traffic impact on arterial roads. (4) To provide defined public spaces and streets that allow the citizens to observe and watch over the collective security. (5) To provide sites for civic buildings. (6) To provide flexibility for the development strategies that evolve over time. (h) Permiited uses. Permitted uses in the mixed-use district are as followrs: (1) Single-family dwellings. (2) Two-family dwellings. ', (3) Multiple-family dwellings. ', (4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is ' allowed for each tenant area or individually owned unit. � (5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each ;' � tenant area or individually owned unit. (6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each � tenant area or individually owned unit. � i � (7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. (S) Bakeries. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area or individually owned unit. � ° (9) RecreatioNopen space. (10) Places of assembly (1,500 square feet or less), subject to the following conditions: a. All presentations and events shall be conducted entirely within a building. b. Allowed accessory uses are: preschool and school facilities, assembly halls, sanctuaries or similar meeting rooms, community centers or fellowship halls, administrative offices related ��. to the facility, gift shops for merchandise related to the facility, playgrounds and athletic -.� ,. ; fields, and rectory or similar residence for religious officials or on-site caretakers, limited to -;:;:�_ one dwelling unit. ' (i) Special exception uses. Special exception uses in the mixed-use district are as follows: ' , (1) Restaurants (including carryout). � � i - -"";"`tP:2d � j ��;'t�<t: s � ��-.� _— - --- ' � � -- . -- - _ -- Reta�l food establishment means any fixed or mobile place or facility at or in which food or beverage is` offered or prepared for retail sale or for service. The definition includes restaurants, fast food restaurants, carryout restaurants and drive-in restaurants. A cafeteria shall be deemed a restaurant for purposes of this chapter. (1) Restaurant means an establishment whose primary business is the sale of food and beverages to patrons for consumption on the premises and whose design and method of operation includes any of the following: a. Patrons place their order at their table from an individual hantl-held menu, which displays or describes the food and beverages available to them. b. Preparation, service and consumption of food and beverages takes place writhin a completely enclosed building, accommodating at least 80 percent of the esta6lishment's permitted seating capacity. c. Outside table dining is permitted in areas permanently designated for such use, and shall not exceed 20 percent of the establishmenYs permitted seating capacity, shall be in keeping with the exterior architectural theme of the building, and in no way shall permit the consumption of food or beverages within automobiles. d. Food and beverages are regularly served to patrons while seated at their table by an employee of the establishment. (2) Fast food restaurant means any establishment whose principal business is sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state for consumption either within the restaurant building or for carryout with consumption off the premises, and whose design or principal method of operation includes any of the following characteristics: � a. Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises. b. Foods, frozen desserts, or beverages are usually senred in edible containers or in paper, plastic, or other disposable containers. c, The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur. d. The kitchen is in excess of 50 percent of the total floor area. (3) Drive-in restaurant means any establishment where provision is made on the premises for the sale of foods, frozen desserts or beverages to the consumer in automobiles or primarily within a completely enclosed building accommodating at least 90 percent of the establishmenYs permitted seating capacity and whose design, method of operation or any portion of whose business includes any of the following characteristics: a. Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises. b. Foods, frozen desserts, or beverages may be served directly to the customer in a motor vehicle either by a carhop or by other means which eliminate the need for the customer to exit the motor vehicle. c. The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is permitted. d. The kitchen is in excess of 50 percent of the total floor area. e A restaurant which provides drive-in facilitiesof any kind in connection with regular restaurant activities shall be deemed a drive-in restaurant for purposes of this chapter. � _(4) Carryout restaurant means any establishment whose principal business is the sale of foods, frozen desserts, or beverages to the customer in a ready-to-consume state, and whose design or method of operation includes any of the following characteristics: a. Food and beverages are ordered from a limited menu posted in sign form within the primary food service building or on the premises. b. Foods, frozen desserts, or beverages are usually served in edible containers or in paper, plastic, or other disposable containers. c. The consumption of foods, frozen desserts, or beverages within a motor vehicle parked upon the premises, or at other facilities on the premises outside the restaurant building, is posted as being prohibited and such prohibition is strictly enforced by the restaurateur. d. The kitchen is in excess of 50 percent of the total floor area. � � � � P� ` F ���„ � G �� DEPARTMENT OF COMMUNITY DEVELOPMENT R E C E i V E D MAY �. � Z014 345 Tequesta Drive, Tequesta, FL 33469 Phone: 561-768-0450 Fax: 56l -768-0698 � '� Date: � �`' / � m �� � , � � � � ���C� �XCE��1� A��g,YCA��I� co � ���.�c� ��o �C�� L ° 1 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 particulaz use described in this application and any conditions or � safeguards required by the Village of Tequesta. � � � PROJECT NAME; II PROJECT ADDRESS: l'�O 0� C�� �I�J � �V �?� I � Z '�� �g . � 33 �' � � , PROPERTY CONTROL NO: Applicant Name: ��A � ��� ( �� P�►�� �,� ��� A licant Address: �� ( �� � ' PP T � l�� � �e��� .� � V �4- �f Applicant Phone No: � 1 . �cy' . � %03 Cell No: .� t5� � • �� � . '� 1 � FAX No: E-Mail Address: ��� ,� o-a.o,,e.� (� c��� t3 �, o� � Existing Use: �'�. Description of Special Exception: �� Oc� �,���"� ` �'G�� � � � T�� . � �-�`�i..�� �v �� A ����1 � �C�� �'.�C��� � Property Qwner: ( l�IPE�H��TT ���,�, Hl���,�� �� �'�����T� �� �.'� �����7TH�I�T: 1. Current survey or site plan of progerty showing structures and setbacks. 2. Dra,wings to scale of proposed improvements requiring special exception use. 3. Written approval from property owner if other than applicant. 4. All documentation required by Code: Chapter 78 — Zoning, Division 3— Special Exception Uses 5. Fifteen (I S) copies of all submittals. 6. List of 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 sha11 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 a�davit signed by the person responsible for providing the lis�t. Staraped' envelopes for each required. 7 Special Exception Applica.tion Fee ($500.00) PLUS Application Review Fee($300.00) _�'��'�e $���.�� '�To cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consultant fees and special studies, the applicant shall compensate the Village for all such costs prlor to the processing of the application � or not later than thirty (30) days after final application approval, whichever (s determined as appropriate by the �Ilage. i, I � � �' � 7 � � . Applicant's Signature Date � Sec. 78-363. - Criteria. Special exception uses to which this division applies as set forth in section 78-362 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: (1) The proposed use is a permitted special exception use. Response: /�� 5��� fS �o � F,�Sc�J � �' ' _ / � ��4U���' , .�M/t�A� �m �c�s+�i.�4 �A�� ��6 0�..� -0rx.o� �.-��-1 (2) The use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals will be protected. � Response: ��� ���� +�1� ��B � 1,.! d�.�, C�,��.�u� � i � • � O ��.�c� �- �9�d es ��� �� ,- , (3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. Response: ��� r`� �t � n/�°r. � (4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located. Response: ��'C �-�� �c� G� ��c�c. � ° �va� ��l a 6�E W�T� �,t 4 i•av.� � C,' q�' 0'��uter� �� T� �0 b� ��ed �- o P s� t�� _ (5) Adequate landscaping and screening is provided as required in this chapter. Response: '°"�i�/� (6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interterence writh traffic on abutting streets. Response: ' c �'LcJ� . �i� �'�g /S � ��'nOD�vG� C�� ���•v4 `�"G� r�� � s�'� � Pg. 2/2 -- � May 23, 2014 Subject Property: ` Fashion Mall 150 N. US Highway One, Suite 1&2 Tequesta, FL 33469 Dear Town of Tequesta, This letter shali serve as my approval for Oceana Logistics Int., LLC to submit an application with the Town of Tequesta for a special exception for the subject property. Sincerely, � Sign: � ' BY�Print): i�t.��{ � � �wt �, � c��� Owner / SL� ML, LLC � �� �.,����= �.�r� � ���. ����� ��`��'Y���� �,�. ����.��coffee ROASTED �XCLU5[VELY FOR Y6U Oceana Coffee Artisan Coffee Roaster 221 Old Dbde Hwy Suite 1 T�u�ta, Fl. 33469 T 561.4012453 M 561.3392913 (Amy Angelo dUect) amy.angelo�oceanacoffee.com Hn�wv.or.aana ffee.com To whom it may concern, We appreciate your time and attention to our request for a special use excep�tlon in the Fashion Mall in the �Ilage of Tequesta We have been roasting specialty grade coffee in the �Ilage of Tequesta for over two years now at ` our address on Old D'ode Hwy. We have enjoy� much success here and vve are loo{dng to expand our e�asting business � to include a new cafe in the fashion mall. Our plan is to maintain our currerrt location as our wholesale place of business and open a new retail location on US1. We have enjoyed operating our business in the �Ilage of Tequesta and look forward to worldng with VoT with our new proj�t and expansion of our business. Respecifully and Sincerely Scott and Amy Angelo Oceana Coffee � 6 , .an=� 4 '��- , ��"` , � " -� � Jf.,;� _ _ _ .: � � ������COffee R�A$TED �X�L.USIVELY FC9R Y4U Artisan Coffee Roaster O�eana Coffee Arbsan Cofi� Roaster Profile 221 Old Dbde Hwy Suite 1 Specialty coffee roaster. Our focus is on small batch roasting to enhance and highlight the array of TequaSta, R. 33469 T 561.4012453 flavor possibilities in premium grade, properly roasted coffee. We strive to educ�ate our customers M 561.3392913 (Amy Angelo about the coffee itself and the geographical location of origin as well as how to properly prepare, store, �� and taste our fine product. This is all accomplished with the highest level of customer service possible, amy.angelo�oceanacoff�.com �:,.o �flneroffee nm provided in a comfortable yet sophisticated atmosphere. Experience � Smali batch artisan roaster since May 20� Roasting started small for personal enjoymerrt and quickiy grew to accommodate family, iriends, friends of family, and then the website retail experience was realized. Word quickly spread by word of . mouth from our local customers and our local foliowing was bom. Frst retail space ln Tequesta FI. November 2011 We first opened our doors to our locally unique retail roassting house and cafe, November 2011. Wrth our Grand opening January 12, 2012 we have not looked back since. With our strong local and community minded presence our market grows everyday and our customers are very supporlive of our locally, family owned operation. Recent articles in the Palm Beach Post have helped to encourage dramatic growth to our business. �SIOrI The vision for the future of our company involves multiple local retail locations vvhere we can expose a high concentration of the local population to the specialty coffee industry and trade. This will provide for local jobs, artisan barista training, and opportunities to work with intemship, apprentice, and mentoring programs to help educate our local youth on business development and s{dll building to create a better life through educational work programs. Through the continuing success of Oceana Coffee we will reach our long term goal of direct trade relationships with the farmers and their families. This will allow us to ensure the farmers are paid fairly for their product and we can help enrich their communiiy directJy. � ��1; .�, � - �ux�.�� \:'r - ��"���o-:r��r n�;,c� ��������t�ffee ROASTED EX�LIlSEVEI.Y F�R VOU Artisan Coffee Roaster Referrals & Current Customers Coolinary Cafe- Palm Beach Gardens Rybovich- M/Y Cafe, Riviera Beach Newsworthy Cafe, Ft. Lauderdale Food Shack, Jupiter Leftover's, Jupiter 221 Old Dbde Hwy Sufte 1 T��. Fl• � Terra Verde Farm Club, Jupiter T 561.4012453 M 561.339.2913 (Amy Mgelo Valerie's Market, Jupiter a�rect) emy.angelo�oceanacoff�.com Tequesta Brewing Company, Tequesta (For special small batch brews of Porter using Oceana Coffee) A .nn eofl^COffE� f;OSY� Tri Running Sports, Juno, Fl. • District Table & Bar Stuart, FI. • Nikld Beach, Miami Fl. - Fit Body Bisiro, Palm Beach Gardens, FI. " Rooney's Gastro Pub, Abocoa, FI. Lost Tree Club, North Palm Beach, FI. 3 Naiives, Tequesta, FI. Oceana Reef Club Gourmet Market, Key Largo, FI. Brewhouse, Lake Park, FI. Terebinth, Art Gallery & Cafe, West Palm Beach, FI. Cheese and Wine Cafe, Lantana, FI. Sunset Cigars, Jupiter, R. Jupiter ponut Factory, Jupiter, R. Yachts M/Y Apnrodite M/Y Aviva M/Y Laurel � M/Y Lime Light M/Y Cocoa Bean i I � i ; , , - ����, �� ,. ��� _ � � s` ����� F _ • �F _ � � �. � � C���E�� ROA5TED �X�LUS(VELY F6R YOU Artisan Coffee Roaster Current Local Vendors We support the local community by enlisting the talents and premium locally made fresh products, free of preservaiives or any ariificial ingredients. The health ot our customers is important to us, we wrill not serve any products containing man made chemicals or preservatives of any Idnd. Maria's Healthy Breakfast Cooldes Chunky Dunldes, West Palm Beach, FI. 221 Old Dbde Nwy Sufte 1 Teau�re, Fl. a�s Castronovo's Chocolate, Stuart, FI. 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' ��r � s ' • , � », .,, . >...� �;`,�� � . �. �, , � _ __ . �-;—�::.,�;;�,— � '�� � � �� ; �, � `� . _-,� " , , ; �� ,, , !!� :� ,<<. ,# ,, � � - � ��., � , `=r � ' � j� �.� � ,•..► ;�"`.� , � ~ yy � , i `� � ; � f ' ` � . . ,� + "�✓'! '� _ � '� �� 7 r `� `h 1*"°`� • .'�Cit �+:: ,f,�� Y � :L�. ;`r � � � 1. .,� �.. �`����,r �� :tt�r: � . � � , ,� . z � i � t 'f�� �Y:�'S �v ,�. '� ��1 t . { - f � � �, °�. �� :y� * � *��� _ � t� � � C � � � � � � � � v .� � � .. � � � � � � � C.S Z �- 1� �� � � � � O O � � . � � � �� PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES D/VISION 3. SPECIAL EXCEPTION USES Sec. 78-361. Purqose. Sec. 78-362. Aqplicability_ Sec. 78-363. Criteria. Sec. 78-364. Findings required for approval. Sec. 78-365. Imposition of additional conditions and safequards. Sec. 78-366. Denial. Sec. 78-367. Reapplication after denial. Sec. 78-368. Time limit for commencement of use. Sec. 78-369. Optional pre-application review qrocess. Sec. 78-370. Application; notice of hearinq. Sec. 78-371. Filinq fee. Secs. 78-372-78-390. Reserved. � Sec. 78 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 location of structures in relation to 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. (Code 1977, app. A, § X(Jj(1)) Sec. 78 Applicability. All initial requests for special exception uses as listed in this chapter, along with their related accessory uses shall be subject to the requirements of this division. In addition, any modification to the use of a previously granted special exception, except for a modification that changes said use to a permitted use as listed in this chapter, shall be subject to the requirements of this division. Requests to expand, enlarge or revise the site of an existing special exception use shall be classified and processed pursuant to the following three categories; (1) Small scale, interior - interior expansion, enlargement or revision of less than ten percent of the � originally approved special exception site square footage and having construction costs of less than $10,000.00, once within any eighteen month period (this category contemplates uses located in existing shopping centers or similar structures, where no change to the overall building footprint is required). Tequesta, Florida, Code of Ordinances Page 1 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES a. Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in the village clerk's office. b. Review and approval is provided by the community development director, following which, the applicant may apply for building permits. (2) Small scale, exterior - exterior expansion, enlargement or revision of less than ten percent of the originally approved special exception site square footage and having construction costs of less than $10,000.00 once within any eighteen month period (this category contemplates a change to the existing structure's footprint, and other site related revisions that flow therefrom). a. Applicant shall submit the processing fee in an amount established by resolution of the village council and on file in the village clerk's office. b. Review and approval regarding the continuing special exception use is provided by the community development director, following which, the applicant shall submit an application for site plan modification. When reviewing small scale expansion, enlargement or revision, the community development director shall make a determination that such expansion, enlargement or revision does not result in a violation of the requirements of sections 78-363 or 78-364, or a violation of any previously imposed condition of approval. � (3) Large scale - any expansion, enlargement or revision to the site of an existing special exception use that does not qualify as either small scale interior or small scale exterior. Such expansion, enlargement or revision is subject to the requirements of this division. (Ord. No. 19-11, § 1, 11-10-2011) Sec. 78-363. Criteria. Special exception uses to which this division applies as set forth in section 78-362 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: (1) The proposed use 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. (3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. (4) The use will be compatible with adjoining development and the proposed character of the district where it is to be located. (5) Adequate landscaping and screening is provided as required in this chapter. (6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum interterence with traffic on abutting streets. (Code 1977, app. A, § X(J)(2); Ord. No. 19-11, § 1, 11-10-2011) • Tequesta, Florida, Code of Ordinances Page 2 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES Sec. 78 Findings required for approval. Before any special exception to which this division applies as set forth in section 78-362 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. (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. (3) Off-street parking and loading area, where required, with particular attention to the items in subsection (2) of this section. (4) 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 interterence and/or mechanical vibrations. (5) Utilities, with reference to location, availability and compatibility. (6) Screening and buffering, with reference to type, dimensions and character. (7) General compatibility with adjacent properties and other property in the district. � (8) Whether the change suggested is out of scale with the needs of the neighborhood or the village. (9) Any special requirements set out in the schedule of site regulations in section 78-143 for the particular use involved. (Code 1977, app. A, § X(J)(3); Ord. No. 19-11, § 1, 11-10-2011) Sec. 78 Imposition of additional conditions and safeguards. (a) In addition to the criteria listed in section 78-363, the required approval findings listed in section 78- 364 and specific conditions for the particular special exception use listed within the applicable zoning district regulations, the village council may impose other such conditions and safeguards as it deems appropriate in conformity with this chapter for the protection of the surrounding properties and the neighborhood or general welfare of the public. Conditions of approval shall be related to the proposed development and shall be roughly proportional to the anticipated impacts of the proposed development. (b) If the special exception use is granted by the village council, the use must conform to all the applicable regulations goveming the district where it is located, except as may otherwise be determined for planned developments. Failure to comply with all the applicable regulations governing the district as required by the site plan approval process will void the granted special exception use. (Code 1977, app. A, § X(J)(4); Ord. No. 19-11, § 1, 11-10-2011; Ord. No. 42-13, § 2, 2-13-2014) Sec. 78 Denial. Should the village council deny a special exception, it shall state fully for the record the reasons for � doing so. Such reasons shall take into account the factors under section 78-363 and all other conditions and particular regulations relating to the specific special exception requested. (Code 1977, app. A, § X(J)(5)) Tequesta, Florida, Code of Ordinances Page 3 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES Formerly, § 78-365. Sec. 78-367. Reapplication after denial. (a) Whenever the village council has denied an application for a special exception, the village shall not thereafter consider any further application for special exception on any part of or all of the same property for a period of 12 months from the date of such action. (b) The time limits of subsection (a) of this section may be waived by three affirmative votes of the village council when such action is deemed necessary to prevent injustice or to facilitate the proper development of the village. (Code 1977, app. A, § X(J)(6)) Formerly, § 78-366. Sec. 78-368. Time limit for commencement of use. (a) A special exception shall commence within 12 months from the date of grant of the special exception unless extended by action of the village council; otherwise it is automatically rendered null and void. (b) Commencement of a special exception occurs upon the issuance of a building permit, preliminary � plat or site plan, or upon the initiation of significant action to satisfy requirements for improvements contained in a development order or other regulatory documents relating to the special exception. (c) Only one extension shall be permitted by the village council and the extension shall not exceed six months. A written request for such extension of time must be received by the village prior to the expiration of the grant of approval. (d) Special exceptions granted to any governmental unit shall be exempt from the provisions of this section unless a time limitation is made a specific condition of the special exception. (Code 1977, app. A, § X(J)(7); Ord. No. 7-08, § 4, 4-10-2008) Formerly, § 78-367. Sec. 78-369. Optional pre-application review process. Prior to submitting a special exception application and committing the resources required to proceed through the special exception application process as required by section 78-370, an applicant may choose to participate in the following pre-application process in order to gauge interest in his proposed project. (1) Pre-application meeting. A pre-application submittal meeting shall be held with the applicant and his design team and the development review committee. The applicant's proposed use shall be reviewed and discussed in order to identify any issues with the proposed use, the applicable use regulations and/or other applicable requirements. (2) Conceptual presentation. Based on the outcome of the pre-application meeting, the applicant may request to present his special exception use concept to the village council in order to � receive further input. This conceptual presentation is not a quasi judicial proceeding, and no action shall be taken by the village council beyond discussion with the applicant. Neither the outcome of this conceptual presentation, nor any comments made during this conceptual presentation by any village council member or village staff is a guarantee or assurance in any Tequesta, Florida, Code of Ordinances Page 4 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES way of the final action that may be taken by the village council pursuant to a formal application for special exception use as provided in section 78-370. (3) Prior to being placed on a village council agenda for a conceptual presentation, the applicant shall submit the following: a. Processing fee in an amount as established by resolution of the village council and on file in the village clerk's office. b. Seven copies of sketches and diagrams sufficient to convey the conceptual use to the village council. This may include site plans, floor plans and/or surveys. c. Seven copies of a brief explanation that the proposed special exception use is compatible with the surrounding uses and the neighborhood in general. (Ord. No. 19-11, § 1, 11-10-2011; Ord. No. 42-13, § 2, 2-13-2014) Sec. 78-370. Application; notice of hearing. (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 requested, with particular reference to the criteria under section 78-363, the written findings under section 78-364, 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: (1) Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage. (2) The boundaries and dimensions of the property and its relationship to the surrounding road system, including the width of the existing travelway (pavement). (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. (4) 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. (5) A layout of the proposed lots and/or building sites including the following site data: a. Finished floor elevation. b. Common open area. c. Generalized landscaping and buffer areas. d. Internal circulation pattems including off-street parking and loading facilities. e. Total project density. f. The shape, size, location and height of all structures. � (6) The proposed phasing of construction for the project if applicable. Tequesta, Florida, Code of Ordinances Page 5 PART II - CODE OF ORDINANCES Chapter 78 - ZONING � ARTICLE IX. - SUPPLEMENTAL REGULATIONS DIVISION 3. SPECIAL EXCEPTION USES (7) For commercial uses, office uses 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 members, students and patients. (8) Proposed hours of operation for commercial uses. (9) Twelve aerial maps at a minimum scale of one-inch equals 300 feet, showing the site in question with paved boundaries superimposed. (10) A legal description of the land proposed for development. (11) Current survey of the subject property. (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 fumish 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. (Code 1977, app. A, § X(J)(8); Ord. No. 7-08, § 4, 4-10-2008; Ord. No. 19-11, § 1, 11-10-2011) Formerly, § 78-368. Sec. 78-371. Filing fee. Upon filing an application for special exception, the applicant shall pay a fee to the village at the time of filing of such application. The fee shall be in an amount as established by resolution of the village council and on file in the village clerk's office, shall not be reimbursable, and is intended to defray costs of administering, processing, and reviewing the application. Additionally, to cover all additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consulting fees, attomeys' fees and special studies, the applicant shall compensate the village for all such costs prior to the processing of the application, or not later than 30 days after final application approval, whichever is determined as appropriate by the community development director. (Code 1977, app. A, § X(J)(9); Ord. No. 7 § 4, 4 Formerly, § 78-369. � Secs. 78-372-78-390. Reserved. Tequesta, Florida, Code of Ordinances Page 6