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Memo - Special Use Permit Cod & Capers SeafoodVILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council FROM: Jimmy Knight, Village Manager Q BY: Chuck Huff, Community Develo ment Director Jodi Nentwick, Village Planner DATE: September 11, 2010 SUBJECT: MOTION -Issuance of Special Permit for Similar Uses (Cod & Capers Seafood Inc.) The Village has received a request from Steve Gyland, President of Cod & Capers Seafood, seeking approval to operate both a retail and wholesale seafood market with arestaurant/bar component, located at the Crystal Tree Plaza, 1201 U.S. Highway One, formerly the DJ Hayashi Restaurant. Cod & Capers Seafood incorporated in the State of Florida in 1983 and has operated out of its current location at the Loehmann's Plaza in Palm Beach Gardens since 1984. The Crystal Tree Plaza property is zoned as C-1 Neighborhood Commercial District (General Commercial). Based on the submitted business narrative from Cod & Capers Seafood, the operation is divided into two separate divisions, with the first being a retail market open to the public. The market would provide both take-out and in-restaurant dining with beer and wine sales. Additionally, nautical gifts and trinkets would be available for retail purchase. The second division is a wholesale seafood repackaging and distribution component that services a broad spectrum of food service operations from Vero Beach to Miami. Its customers are caterers, country clubs, hotels, resorts, schools, businesses, banks, restaurants, grocery stores and other retail markets. Although the majority of the uses pose absolutely no issues, Staff was concerned that the wholesale seafood component, which requires the repackaging or "processing" of seafood for distribution, did not fall within the list of permitted uses set forth in Section 45-33 of the Village Code. In listing the permitted uses within the C-1 zoning district, that section authorizes "any retail or commercial use including neighborhood commercial use that meets the daily living needs of village residents and which does not involve the manufacturing or processing of products. " The Village Attorney has indicated that he believes that the intent of the Code was to prohibit the type of "processing" that is more akin to light manufacturing than the type of processing contemplated by the applicant. However, your Administration, in an abundance of caution and in the interests of full disclosure, felt it best to advance this application as a Similar Use Special Permit application wherein the Council could impose appropriate conditions to ensure that the use proposed by the applicant is compatible with the existing character of Crystal Tree Plaza and would not have any adverse impacts upon, or interfere with the use of, adjacent properties. Staff has reviewed the attached application for compliance based on the guidelines set forth in Section 45-16.1 of the Village Code and the proposed use does not appear to be more intense than the existing and permitted uses within the C-1 zoning district. Staff does recommend that the following conditions be made a part of the Special Permit should Council elect to approve this application: 1. The subject property shall maintain a minimum of 2,000 square feet of retail market space at all times. 2. Company owned/operated delivery trucks are to be parked in the designated parking area to the rear of the subject property as designated by the leasing office. 3. All waste is to be removed off site daily so as to minimize any foul odors associated with discarded seafood packaging materials or products. 4. All organic waste is to be stored in designated "refrigerated" waste receptacle [inside the building) until pick up by the sanitation company. S. Applicant to be allowed to install the wall sign as amended by the Crystal Tree Property Owner, LLC letter dated July 20, 2010. This item was presented to Council during their August 26th workshop session where it was moved to "re ulg ar" by consensus. Recommendation: The Administration requests Council consideration and approval by Motion of the Similar Use -Special Permit application by Cod and Capers Seafood allowing for the operation of a retail and wholesale seafood market with arestaurant/bar in the Crystal Tree Plaza and incorporating the above recommended conditions in accordance with Village Policies. V ~~~~ r ~~~~~~ ~~~4§~ ~PAL~~ VILLAGE OF NORTH PALM BEACH ORDER ON APPLICATION FOR SPECIAL USE PERMIT Applicant: Cod and Capers Seafood Corp. Location: 1201 U. S. Highway One Parcel (Suite 47) ("Premises") Legal Description: 68-43-42-09-10-000-0010 LOTS 1 & 2, GOLFVIEW ADDITION TO THE VILLAGE OF NORTH PALM BEACH, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 28, PAGE 199, IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA Zoning District: G 1 Neighborhood Commercial District Request: Special Use Permit for a Similar use to operate a retail business and commercial use divided into two separate divisions: (1) a retail market open to the public which provides both take-out and in-restaurant dining with beer and wine sales; and (2) a wholesale seafood repackaging and distribution component that services a broad spectrum of food service operations. This matter came before the Village Council for public hearing on September 16, 2010. 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 G 1 Neighborhood Commercial zoning district. Based on the foregoing, it is hereby ORDERED by the Village Council that 1. The Applicant's request to operate a retail business and commercial use consisting of a retail market and dining establishment (including beer and wine sales) and a wholesale seafood repackaging and distribution component on the Premises is GRANTED subject to the following conditions: Page 1 of 2 A. The applicant shall maintain a minimum of two thousand (2,000) square feet of retail space at all times. B. The applicant's company owned or operated delivery trucks shall be parked in the designated parking area to the rear of the subject property as designated by the leasing office. C. All waste shall be removed off-site daily so as to minimize any foul odors associated with discarded seafood packaging materials or products. D. All organic waste shall be stored in a designated refrigerated waste receptacle inside the building until pick up by the sanitation company. E. Applicant shall be permitted to install the wall sign depicted in the drawing attached to the letter dated July 20, 2010, from the owner of the Premises, Crystal Tree Property Owner, LLC. 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 45-161(f) of the Village Code of Ordinances DONE AND ORDERED this day of September, 2010. VILLAGE OF NORTH PALM BEACH By: William L. Manuel, Mayor ATTEST: Melissa Teal, Village Clerk Page 2 of 2 Zoning Similar Uses Issuance of a Special Permit Council Request Form Date Submitting official: Jodi Nentwick,'Villa~e Planner Subject: Cad gapers eafac~d corporation Location: 1201 U.S. Highway 1 Request: Stephen Gyland, applicant, requesting to obtain business tax receipt t~ operate both a retail and wholesale seafood market with ~ restaurant cor~pynent located crystal Tree Plaza. Zoning District 4-~ .~ Neighborhood commercial District the fo!!©wrrrg +~c~r~d~~ion~ reed tv be met error ~~ req~es~r'ncd fc~r a ~pecl~! Use 1'erml~ der (~rdfrrar~ce x'047-~6~ [X] The Business is compatible with the existing or planned character of the neighborhood in which it would be located. ~~C] The Business will not have an adverse impact upon adjacent properties [~] The Business will not interfere with use of adjacent properties.. [] Fire Department Approval. Staff Recommendation: ~ . Tile subject property shall maintain ~ m%nimum of o thousand ~~,ODO~ square feet of retail market space at all times. ~. The applicant's company ownerfoperated delivery trucks are to parked in the designated parking area to the rear of the subject property as designated ~y the leasing office. A I was is to be removed off site daily so as to minimize any foul odors associated with discarded seafood packaging materials or products. 4. All organic waste is to be stored in designated refrigerated.. waste receptacle inside the building until pick up ~y the sanitation company. ~, Applicant to be allowed to install the wal sign as amended by the crystal Tree Property owner, LLC letter dated J u ly Zo, X010. ~~ ~- ,: ~~ or~~nunit Dvelo ~' ~ C~irotor Date ~ ~ ~~~'I~ 1'?~~t~