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09-16-2010 Special Use Permit - Cod & Capers SeafoodF~~G~~ ~~ PgLtA~Q r 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: C-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 C-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 45-16.1(f) ofthe Village Code of Ordinances DONE AND ORDERED this day of September, 2010. VILLAGE OF NORTH PALM BEACH P ' By. ' William L. Manuel, ayor ATTEST: ~~ ~ ~ Melissa Teal, Village Clerk Page 2 of 2