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02-09-2012 Special Use Permit - The Urban Tea Room VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council FROM: Jimmy Knight, Interim Village Manager BY: Chuck Huff, Community Development D' ector Jodi Nentwick, Village Planner DATE: February 9, 2012 SUBJECT: MOTION — Issuance of Special Permit for Establishment of a Similar Use within CC Transitional Commercial Zoning District(The Urban Tea Room) The Village Administration received a request for a Special Use Permit from Thomas Karras ("Applicant"), owner of The Urban Tea Room, seeking to operate a commercial establishment for the retail sale of tea and tea related merchandise. The Applicant also wishes to serve tea and pastries at the establishment, with all pastries prepared off-site. The property is located at 9080 Alternate AlA, within the same plaza formally known as the Far East Market. This property is within the CC Transitional Commercial Zoning District. Staff has reviewed the application for compliance based on the guidelines set forth in Section 45- 16.1 of the Village Code. The proposed use is no more intense than the existing uses and other permitted retail uses, such as clothing stores, candy shops and gift shops. Consequently, the proposed use is compatible with the existing character of the neighborhood and will not have an adverse impact upon, or interfere with the use of, adjacent properties. Upon Village Council approval, the applicant will be required to obtain the necessary building permits for minor repairs to the property (if needed) prior to the Village's issuance of a Business Tax Receipt for the retail establishment. The outdoor display or sale of merchandise, as well as the cooking or preparation of foods on-site, shall be prohibited. Recommendation: The Administration requests Council consideration and approval by Motion of the Application for a Special Use Permit to establish a Similar Use filed by The Urban Tea Room to authorize the operation of a commercial establishment for the retail sale of tea and tea related merchandise at 9080 Alternate AIA in accordance with Village Polices and Procedures. �LGAPE, PALM VILLAGE OF NORTH PALM BEACH ORDER ON APPLICATION FOR SPECIAL USE PERMIT Applicant: The Urban Tea Room Location: 9080 Alternate AlA Parcel ("Premises") Legal Description: Lot 8, Rivard Subdivision(Less SR A-1-A R/W) PCN: 68-43-42-17-06-000-0080 Zoning District: CC Transitional Commercial District Request: Special Use Permit for a Similar Use to operate a commercial establishment for the retail of tea and tea related merchandise and services. This matter came before the Village Council for public hearing on February 9, 2012. Upon consideration of the recommendation of Community Development Director and the statements presented by the Applicant, members of the public and other interested persons during the course of the public hearing,the Village Council hereby finds as follows: The Applicant's request satisfies the criteria and requirements set forth in Section 45-16.1 of the Village Code of Ordinances for the grant of a special use permit for the establishment of similar use within the CC transitional commercial zoning district. Based on the foregoing, it is hereby ORDERED by the Village Council that: 1. The Applicant's request to operate a commercial establishment for the retail sale of tea and tea related merchandise on the Premises is GRANTED subject to the following conditions: A. The Applicant shall apply for and obtain the necessary building permits and inspections for minor repairs (if needed) to the Premises prior to applying for a Business Tax Receipt. B. All foods shall be prepared of-site (on-site cooking is prohibited). C. The outdoor sale and display of merchandise on the Premises shall be prohibited (indoor display and sale only). Page 1 of 2 D. The Applicant shall secure and maintain, at all times, a valid Business Tax Receipt issued by the Village of North Palm Beach. 2. Should the Applicant fail to meet each of the conditions outlined above, the Community Development Director may revoke this Special Use Permit in accordance with the provisions of Section 45-16.1(f) of the Village Code of Ordinances DONE AND ORDERED this day of February, 2012. VILLAGE OF NORTH PALM BEACH By: Daryl Aubrey,Mayor ATTEST: Melissa Teal,Village Clerk Page 2 of 2 RTR 11 oI Village of North Palm Beach Department of Community Development SIMILAR USE REQUEST APPLICATION DATE RECEIVED: ( 14 ZONING DISTRICT ey_ Contact Name: Name: Address: x Address: WSW AIA Cit}jfStatetZip: I� ,,` City/State/dip: mzgri, 191 Phone: Phone: Fax: Fax: Email Address: ' I e fief-& Email Address: -1 `r4k ` Summary of Similar Use Request: )" rl Completed Business_T_ ax Receipt Application(BTR)included. By signing,I have read and understand the conditions set forth in Ordinance 2007-1b of the Villages Code Ordinances. i also authorize the Village of North Palm Beach Community Development staff,Fire Department,Public Safety and Public Works Department(if applicable)to enter the property for inspection on site. Applicant r � t Owner DaeDa e Date Print Name u�hse z 1gg4s- Print Name .� v-4-''< 3 � � .��r � ��x fiCi`c11;�,SCart Itl �xvs - 4 x$ ' Department Date Approved Not Approved Comments (Signature) Si nature) Planning Building Fire Public Safety_ Public Works Village Council Please submit application to: 50`1 U.S.Highway One North Palm Beach,FL 33408 Phone:(561)841-3365 Fax:(561)841-8242 THE VILULGHUNORTH PALM DFACH t nt Cf3k MUWrIT DEVELOPMENT DEPART&JEN1' �I R '+01U.S HIGHWAY y-NOR_rH PALM BEACH,FLORIDA 33403 3_ PHONE 1561)941-336,5 0 FAX:,56I)R41,434:4'NW .VILL2GE•NPSoRG BUSINESS TAX RECEIPT APPLICATION D NEW Lt CHANGE OF ADDRESS Q CHANGE OF NAME tl CHANGE OF OWNERSHIP 0 NEW PROFESSIONAL APPROtTAL F APPLICATION REQUIRES A M1NIMUNj OF FIVE(5)BUSINESS DAYS Business Name. Individual Name: Primary Address: ' 41A -� Mailing Address: Irl lz I tr Phone Number: 4,11,ft Fix Number: 'f Cell Number:. E=Mail Address: t C�_ 1LI , . 11 t Website Address: V/' Federal ID#or Social Security Number(Required): Start of Business Date: t R_N Type of Business(Please be speczfrc. Vicar rarive of Business is also required). � t� � ;�� y ic-1 446 141817'e f4 IJr Number of Employees; Square Footage of Occupancy: t Z 0 0 Previous Usdoccupancy: Q(�ZA t � 6 t Are there any renovations required and/or planned in order to occupy the proposed space? © Ye "0 Do you store hazardous materials or flammable materials? ❑ Yes Q`No State License Professionals Name --fession License Number L4ltach copy o license Emergency Contacts(Afler hours eantact infarination,commercial businesses only) Name Address Tait hone Number Specialty License Information(If applicable) Cosmetology/Barber Shop-No of Persons: Restaurant-No of Seats: Hotel/Apartments-No of Units: Stock Brokerage-No of Brokers: Coin Operated or Vending-No of Machines: Boat Spaces-No of Spaces: Fuel Dispensers-No of Pumps: Real:Estate Broker: Real Estate Agents. Bowling-No of Lanes: Retail&Wholesale Merchants-Average Yearly Inventory at your cost: $ . Z2 Tam/Transportation: No of Vehicles: Adult Entertainment Does the proposed business usage constitute an adult dancing establishment as defined in the Palm Beach Cty Adult Entertainment Code? ❑Yes Wi a Does the proposed business usage constitute an adult theatre as defined in the Palm Beach Cty Adult Entertainment Code? 0 Yes er,No ,� Does the proposed business usage constitute an adult boot storelvideo store as defined inthePalm Beach Cty Adult Code? 0 Yes L No Does the proposed business usage con5itute an adult activity that would require an adult entertainment license in accordance with the Palm Beach County Adult Entertainment Code? ❑Yes V No Describe the live entertainment that will be performed using die Narrative for Business form on Page 2 of this application. if live entertainment includes dancing of any type,you must specify the type ofdancing and the state of dress or undress of the dancers. I certify that I have read this application and that the statements contained herein and on Page 2(Narrative of Business) are true and correct to the best of my knowledge. I understand that the notarization of my signature of Page 2 applies to the entire application, l also understand that failure to complete the entire application including Page 2(Narrative of Business)will result in processing delays to my application, A - i4q t Prirced Tfant ,,y t ,-._— Td. ,+ S�marlrce Bete BTR2008-01.5 Rev 0104 10 In addition to the Village of North Palm.Beach Business Tax Receipt Application,please provide the following documentation: Completed Palm Beach County Business Tax Receipt Application s Articles of Incorporation and/or Fictitious Lazne Registration State-License(ifapplicabte) Narrative of Business(Required) o Home Business Affidavit{ifapplicablej - � NARRATIVE OF BUSINESS Business Name: t'3?9 -MC A R it' Individual's Name: Please provide a detailed narrative of what your business is: 7—WE / O-C ,, f� f -.- a e t me aze aiLj t, 7e/,i- Sea yzee rziod Pke -�e e f - STATE OF FLORIDA,COUNTY OF (W W, The forgoing instrument was acknowledged before me this 2-.Q day of UC3 20_L,-1 by -Tho Qt 7Mt'l YY x (Name of person making statement)- ,,,nr iiGASHMNON .iyGOWISStON Do9W526 Who is personally known to me or has produced identification ° - S tpip g;January)'2014 Type of Identification produced: Yi'S� �15 - 7 apuied Chsu Notary PutiAc Undenvntcr Who did I did not take and oath. > ` ignature ofNotary) FOR OFFICE USE ONLY 0 Completed iVPB Application 0 Completed PB County Application: 0 Articles of Incorp(F ctitious Name Q Copy of State Licensing 0 Home Business Affidavit D Payment Rec'd: Check,# Zoning Classification: Signature/Zoning Compliance officer Bate: IS Sgiona ire/Code Compliance Officer: Date: Signature/Fire Dept Inspector: Date: Fee:$ Penalty: S Fire Fee: Transfer: S Unpaid Fees: $ Advance Fee: TOTAL DUE S -R2008-01.5 Rev 01 04 10 ANNE M G AN N O N [County Ordinance 72-1 and FS 205:0535(5)1 r'. r No business tax recelpt shall be issued until applicable l.• CONSTITUTIONAL TAX COLLECTOR ctauntr and state laces are complied with incluclin out Seruirtn Pnttar C3eniDt CotrrtEjj not limited to,buildin zoning construction industry ww,.v,laxc(Alecttat'pbc.com licensing,fire control and healtli. � ! # s i • � ♦ tires • a i s BUSINESS INFORMATM a be completed by applicant): �A *"'Instructions&checklist an reverse side*# t Check Business C3 Transfer afAddress ❑Transfer nfOwnership ©Business Name Change III 0 New Business Tax Receipt ©Other Current Business Tax Receipt#(if applicable): Business/DBA/Trade Name: E (Divisionof Corporations requiresaegistiationofafictitiousname.Copy orregistmeon mostaccompany this application) Corporatfon/Business Name: Owners Name: ( " [ Federal Employer ID#: "OR"* Social Security M. Business Address: >> City: State:E ZIP• Date in business at this location: BusipAss Phone Number ...._..�"1 - r Mailing Address(rdiffarerttabove): } X, , alt / City ? t State: ZIP: € _ E-Mail address.=it (L t` ' I > 1 Nature of Business: rr tt C am. **OR'* Profession: (landscaper,CleaningService„etc.j (Doctor,laveyer,etc.) jMaximum Number of Employees Machines Rooms: Restaurant seating: Were you issued a Notice of Non-Compliance? Yes No I certify,under penalty of lace,that the above infonnaticn is true and correct,and t understand that any false statements could result in penalties as provided by law; Signature. __ s (Agent,Owner,Rep.) f PLEASE NOTE.ZONING APPROVAL MUST BE COMPLETED PRIOR TO APPLICATION SUBMITTAL **See reverse side fordetails on zoning—Municipal/CityZoningApproval: Title: *'OR'* Unincorporated Zoning Approval/ Planning Zoning&Building Approval. Title: i PZ&B-Place initials in box if approval from department is required- Regulator Signature required on line,when approval has been meet Zoning(U No,) 7 Fire Marshall r compliance Q Health Department Building F—j Hotel&Restaurant 1 [ Code NAILS 1 [� Friar Use afBay/Bldg. . Other Cnty Home Based Affidavit t FOR TCO OFFICE USE ONLY(Signature and title designates approval) r LSTR#/Account#: Branch office ?CURREN[Yit 1 'rill number. State/County License Cert#._ yYlty [ NAICSCode: Receipt#: ( �YR�. } Cust Relations Gufdef CRA: # Date. Field SerriceAppruirai: 4YIt TOTAL FEE'DUE: Page �rell�i mom -UWISMMWMM ® ® armal ryryy� i45,(r 17 y. tR. Municude http:l ltibrary.iilunicode.corlilprint.asps?clienti:D-l.0263&H.TMRequest=,.. Sec.45-16.1. -Similar uses. (a) Ause within a commercial zoning district not specifically listed as a permitted use,but possessing characteristics similar to a permitted use,may established upon written application to the community development director for a special use permit. (b) In evaluating an application for special use permit for the establishment of a similar use,the community development director shall,in consultation with other village departments,consider the characteristics of the proposed use,including,but not limited to,size,intensity,density,operating hours,demands for public facilities, traffic impacts and business practices. (c) Upon review and evaluation of the application,the community development director shall present his or her recommendation to the village council for final consideration on the next available council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection(b)above.The village council shall grant or deny the application by written order. (e) In granting a special use permit,the village council may impose conditions necessary to ensure that the proposed use: (1) is compatible with the existing or planned character of the neighborhood in which it would be located;. (2) Will not have an adverse impact upon adjacent properties;and (3) Will not interfere with the use of adjacent properties, Such conditions may include restrictions on the size and operating hours of the proposed use. (f) if the conditions imposed by the special use permit are not met,the community development director may revoke the permit.A permit holder may appeal the revocation of a special use permit by filing an appeal,in writing,to the Zoning Board of Adjustment within thirty(30)days of receipt of written notice of revocation. (Ord No 2007-16, §Z 10-25-07) I o(l: 1/24/2012 4:30 13M Municode llttp:lllibrarymunicode.com/print.aspx`?clientl.D=1}263&ElTii'vlRequest=... �; Se 432.'1. CG Tramfia�n�t;ctat:�rTtercia!dtstrtct� �� A. General description.This residential/commercial transitional district is to provide for the development of low-intensity business offices and other complementary uses.The CC district shall serve as a transition between residential areas and intense commercial development. B. Uses permitted.The following uses are permitted in the CC transitional commercial district: 1. Financial institutions 2. Professional offices 3. Florists iq 4loth�ngstres 5. Stationary[stationery]stores 6. Photo studiostcamera shops 7. Sporting goods stores t3 7Gift shops 10. Seamstress/tailor shop 11. Barber shops 12. Nair salons 13. Nail salons 14, instructional dance/music studios C. Conditions for permitted uses: 1. All activities,sales and storage of goods must be conducted entirely within completely enclosed buildings with permanent nonmoving outside walls. 2. No outside sidewalk of parking lot storage(or)display of merchandise will be permitted. 3. No manufacturing or production of products for retail or wholesale will be permitted. D. Building height regulations. No building or structure shall exceed two(2)stories or twenty five(25)feet. E. Building site area regulations: 1. Maximum lot coverage.Main and accessory buildings shall cover no more than thirty-five(35)percent of the total lot area. 2. Reserved. F. Yards. 1. Front yards.All buildings shall be constructed from the Alternate A-1-A or Prosperity Farms Road right- of-way to provide a front yard of not less than thirty(30)feet.All buildings shall be set back from the eight- of-way of streets which intersect with Alternate A 1-A or Prosperity Farms Road providing a yard of not less than twenty-five(25)feet. I Side yards.All buildings shall be set back from side lot lines so as to provide side yards of not less than fifteen(15)feet. 3. Rear yards.All buildings shall be set back from rear tot lines so as to provide a rear yard of not less than fifteen(15)feet. G. Off-street parking regulations.Off-street parking shall be provided the same as for the CA commercial district. H. Off-streetparking layout; construction and maintenance shall be the same as for the CA commercial district (Ord No 31-97§i(Exhibit A), 7-10-97,-Ord.No. 23-99,§1, 5-10-99,Ord. No. 15-2000,§1, 5-25-00) 1 of 1 1/24/20 t2 4:29 PM I i � ~ � STRATEGIC REALTY SERVICES , LLC COMMERCIAL REAL ESTATE 901 Northpoint Parkway,Suite 200 West Palm Beach,FL 33407 i Tel:(561)471-5353 a Fax(561)471-5355 www.strategierealty.com January 30,2012 Village of North Palm Beach Building Department Re: 9084-9092 Alternate A1A,North Palm Beach,Florida To Whom It May Concern: This letter will serve as consent by the Owner of the above referenced property to allow within the premises at 9092 Alternate AIA,North Palm Beach,Florida the use"tea house" If you should have any questions please do not hesitate to contact me at 561-471-5353. Sincerely, PAN JAU CHI,Owner BY: STRATEGIC REALTY SERVICES,LLC Authorized M ' t Agent GLEN ALEXANDER Partner/Real Estate Manager Member of ®� International Council IadiddualMembers ' CERTirIED PROPERTY MANAGER® of Shopping Centers YourPmfessional Commercial-lore[meatAml EnaM Sawc