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01-27-2011 WS Application for Special Permit for Similar UseVILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council FROM: Jimmy Knight, Village Manager BY: Chuck Huff, Community Development Director Jodi Nentwick, Village Planner DATE: January 27, 2011 SUBJECT: WORKSHOP -Issuance of Special Permit for Similar Uses for (Nino Pastry Factory) The Village Administration received a Similar Uses Special Permit request from Giuseppe Cangialosi, president of Nino Pastry Factory, LLC seeking approval to operate atwenty-four hour retail bakery, wholesale pastry repackaging and distributor, located at the Live Oak Plaza 9249 Alternate AIA, #14 in North Palm Beach. This property is zoned as C-2 Commercial District. Although the majority of the uses pose no issues, the wholesale bakery, repackaging (processor) and distributor use is problematic due to language of Section 45-34 of the Village Code which states: "any retail business or commercial use which does not involve the manufacturing or processing of products." The Village Code does not define the terms manufacturing or processing. Based on Nino's business narrative dated January 17, 2011, the primary use will be the wholesale department of bakery goods with repackaging and distributing to local restaurants and catering operations and deliveries would be to entities such as cruise ships, country clubs, grocery stores, hotels, etc. The secondary component to the business will be retail that would comprise of approximately ten (10) percent of the company's total sales. They would sell items such as gourmet cakes, pastries and desserts as well as Italian specialty items such as oils and vinegars, spices and herbs. The Village Attorney believes that the intent of the code is to prohibit the type of "processing" that is more akin to light manufacturing than the type of processing contemplated by the applicant. 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 does not appear mare intense than existing and permitted uses such as; retail furniture sales/distribution, restaurant and retail bakery. However, dependant upon the type and size of delivery vehicles} associated with the distribution component of the business, parking could pose an issue. Recommendation: The Administration requests Council consideration and discussion on the "similar use" application as submitted, allowing Nino's Pastry Factory to operate a retail and repackagingJdistribution business in the Live Oak Plaza located at 9249 Alternate AIA. C t3TR tt ,,/:'lLtIIA k C k' P~t3A~ Village ~~ Ncartla Palau Bt~acl~ Depaa•fanea~t of Coanaaauaaaty I?eva~lopanent SIMXLAR USE REQUEST APPLI~'ATXOI'~i DATE RECEIVED: ~ • ZONING DISTRICT. 1,.~' ,- - ~, z-, C'o~xtRlct,I,l~fo~'~i?l~taoni~~ ~ % 9 .,.a , _~~~,.. ~ ~ ` ._ ` titu[sz>~c~~~nt .- t~ii<~a~?~~ {r: _ ..~,. Contact Name: Native: ' Address: ~" Address: City/State/Zip: City/State/Zip: 1'11QIle: ,.+ .r ,.__......M. .._.,~ T-m,,,..,~. f ~17QnC: ~w~~~~i[ _._,.,__ ....__._ _. Fay: r. .-. Fay: ,.. Email Address:1~~,a~!~ _~ Email Address ' :_~ __ Sutumary of Similar Use Request: ~__ ^ Completed Business Taa Receipt Application (BTR) included _ - - - - . ~ S~~atu ~~ J' By signing, 1 have read and understand the eonditians set forth Ott Ordinance 2007-I6 of the Villages Code Ordinances. I also authorize ttte Village ofNortlt Palnt Beach Community Development staff, Fire Department, Publ' Safety and Public Works Department (if ap icable) to rtes the property for inspection on site. Applicant Owner ate Date Print Name f Print Nam ,~ Department Date Approved Not Approved Comments {Si nature} Si nature) Planning _ ___ Building _ _ Fire _ Pubic Safety _ __ Public Works Village Council Please submit application to: 501 U.S. Highway One North Palm Beach, FL 3,1408 Phone: (561) 841-3365 Pax: (561) 841-$242 .January 17, 2011 Business Narrative for Village of North Palm Beach Nino Pastry Factory, LLG is a newly incorporated business in the State of Florida. Named after the owner's father, Nino, the business will carry on the namesakes' reputation for quality and service. It has recently leased a space in the Live Oaks Plaza at 9339 Alternate A1A, in North Palm Beach. Nino Pastry Factory, LLG .is a company that will specialize in two separate divisions. The first division is our retail store that wilt be open to the public from 9:00 am to 3:00 pm Monday thru Friday. Our retail department will carry not only our freshly made gourmet cakes, pastries, and desserts, but imported Italian specialty items like pastas, extra virgin olive oils, vinegars, vegetables in oil, spices and herbs, snacks, cookies, and more. Our retail annual sales goal will be approximately 1 A% of the company's total sales. The second division is our wholesale department. Our wholesale customer base will be a broad spectrum, manufacturing gourmet cakes, pastries, and desserts, not only for local merchants, but for nationwide distribution. Our customers will be caterers, restaurants, cruise ships, hotels and resorts, .country clubs, grocery stores, other retail markets, exporters, etc. We will offer a Jimited number of gourmet cakes, emphasizing unmistaken in quality and appearance. Sysco Southeast Florida, LLG, which is one of the largest food distributors in the United States, will be distributing our cakes starting Spring of this year. Specialty importers, as well as our own seasoned sales representatives, will be selling and distributing our product in Florida and beyond. Initial operations for the wholesale department will be the manufacturing of goods from 5:00 am to 9:00 pm. It is the hope that the products will be received so well, that the manufacturing of Nino Pastry Factory products will be a 24 hour a day business, Refrigerated trucks will be used to move the products, and will range in size. Trucks will make deliveries, and return to the location throughout the day. Initially the business will employ between 10 and 92 employees, as well as outside salespeople, With the anticipated growth, this number will .increase as the demand increases. The building we are moving info is 1,~~0 square feet. The greater majority will be for the manufacturing and wholesale department. The owner and President of Nino -Pastry Factory, t,LC, ~uiseppe Cangialosi, presently owns and operates several upscale restaurants throughout the State of Florida. The success of these businesses can be traced back to the hard work and dedication insti(!ed into him by his father Nino. This new operation venture will be something that not only will be a success for the company, but for the community and Village of North Palm Beach as well. This is just a short .narrative of our planned operation. i would be more than happy to make myself available for any questions you may have. Thank you. l remain Sincerely yours, se Cangialosi, President in astry Factory, (~LC 8841 \. ltilitaryi'eail, Suite l4(1 Palm (leach Gardens, FI4t5da 33414 tiGl}.t7$-4440, Fa ti6l} f?8~4~12 ~•uumcreictrelrealtp.com ,TrtIlUaT}' I~i, `1()I I rl'o: ~~Icmbcrs of [Ile. ~tillagc Council ~~illag~c oC ~ortlt I'Fthu I3cacly, I~`lex'iela Httncl I~clivcred l~car ~Icmbcrs oC the ~'illagc Council: ~I'bis axTtpatty is the ~~ana[,~n~ rlgcnt Ior dye o~i~ner aI` the hive C)rtlc Pl~-r~a kacated at ~?~~'~~) ~I[. t-1 f A, ity \lorth Paltry I3cacb, T'lorida. ~~re believe tha( tlye oty~ncrs of Lit~c t}ttl Playa b~tvc beery ~t t;'cyocl ccyrporatc citiien oC tlyc '~'ill<tgc (yl` 1'~ICyrtlt Pahyl I3(~ztcly. \~~1c tstlce pl°iclc ilt tlyc C.."c~tyt~t• rtnd holyc: 5'ou ~~;rec that the Center is tuy asset [o the Village. `1'lyey are also the: oyvucrs of 'I'hc ~~Iet-c~dcs I~calersbip and Teel tlyis is a great asset [o yotu` c.onynyttni[yy. Kecentl}~ y~4~c signed a (case t~y~ith Niuo's Pas[ry Factory ~ync~rcby the} ui[cnd [o open a small l,~Ot) s<luarc Ii>o[ Iacilit}~ ily tltc° hidden cc>rtie.r of [be Cclxter. 1~rc tuydcrst~tttd tlyc \itlcy°;; is rcflucstityt;. Ii•om dte ~`illage a use. pcrnyi[ cvbich ~F~ould enable then} tcy open in north Palm 13cacb. ~~'c straugl}~ sttppor[ this applirt[ion. `I'lyc nyctrb~uyts in this Cclytcr s[rongly believes tltttt Wino's will be st lanlas[ic adcli[ioty to [bc tcnattt nyix. Cttrrcn[ cconontic conditions Itavc caused attr nyerch~uy[s to strtt€;gle. t~ nuty~lycr lyave closc;cl (lycir doors. ~~'~ ha~~c sided the lc;ase tivitlt \yinc}'s. ~~~c pcrsotially have seen every tyspcct oI~ iyis cyperatioty. «~c have Iound i\?ino's to be an cxccptional operator. I-Ie is extretncly~ cotiscicntiotts ity tertns ol• cleanliness raid general alapcarsuyce caf his store;. T It' b.4ts been ity business li>r rl. 1c>tl~; lalyye, dire strongly urge yott to aplyrovc his application ~uxl allow hits to open ltis opcralion in I~ivc C)al. Plfyra. Rcspec ~ t ~~ Subtui[ ~cl ~~° tuts ny~ I3. Rcicly I President Kriebel Kcalt~r ~ Itt~~estlyyctyts, Ity<•. \~lanat,~iug• :1g'eut for (h~lncr oC Live t)alt Plazft ,R e ~ I t y ~ .l ra u ~ s t rte ~ ra t s I rt ~ ..