Motion - Special Permit - Nino Pastry FactoryVILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT
TO: Honorable Mayor and Council
FROM: Jimmy Knight, Village Manager °
BY: Chuck Huff, Community Develop nt Director
Jodi Nentwick, Village Planner
DATE: February 10, 2011
SUBJECT: MOTION — 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 a twenty -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. The 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 more intense than existing and
permitted uses and such as; retail furniture sales /distribution, restaurant and retail bakery.
However, dependant upon-the type and size of delivery vehicle(s) associated with the distribution
component of the business, parking could pose an issue.
This item was presented to Council during their January 27th workshop session where it was
moved to "regular" by consensus with the following conditions:
1. The hours of operation for the bakery establishment are limited to 5:00 A.M. to
9:00 P.M., seven days a week.
2. All deliveries and wholesale distribution of products shall be made to the rear of
the Premises and shall be limited to the hours of 7.00 A.M. to 7.00 P.M.
3. No overnight delivery truck parking.
Recommendation:
The Administration requests Council consideration and approval by Motion the
Similar Use — Special Permit application by Nino Pastry Factory, LLC allowing for
the operate a retail and repackaging/distribution business in the Live Oak Plaza
located at 9249 Alternate AlA and incorporating the above recommended
conditions in accordance with Village Polices.
VILLAGE OF NORTH PALM BEACH
ORDER ON APPLICATION FOR SPECIAL USE PERMIT
Applicant:
Location:
Legal Description:
Zoning District:
Nino Pastry Factory, LLC
9249 Alternate AIA, Suite 14 ( "Premises ")
68- 43- 42- 17 -00- 000 -7021
17- 42 -43, TH PT OF NW '/ OF SW % OF SW OF RICHARD ROAD,
EAST OF FEC RAILROAD OF SR AIA
C -2 Commercial District
Request: Special Use Permit for a Similar Use to operate a bakery establishment
with two components: (1) wholesale packaging, distribution and sale to
broad spectrum of food service providers; and (2) retail sale to the general
public; and
This matter came before the Village Council for public hearing on February 10, 2011.
Upon consideration of the application materials, 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 -2 Commercial Zoning District.
Based on the foregoing, it is hereby ORDERED by the Village Council that:
1. The Applicant's request to establish a wholesale and retail bakery establishment
on the Premises is GRANTED subject to the following conditions:
A. The hours of operation for the bakery establishment are limited to 5:00 A.M. to
9:00 P.M., seven days a week.
B. All deliveries and wholesale distribution of products shall be made to the rear of
the Premises and shall be limited to the hours of 7:00 A.M. to 7:00 P.M.
C. No overnight delivery truck parking.
Page 1 of 2
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, 2011.
ATTEST:
Melissa Teal, Village Clerk
VILLAGE OF NORTH PALM BEACH
Page 2 of 2
William Manuel, Mayor
Zoning Similar Uses
Issuance of a Special Permit
Council Request Form
Date Submitted: January 17, 2011
Submitting Official: Jodi Nentwick, Village Planner
Subject: Nino Pastry Factory, LLC
Location: 9249 Alternate A1A, Suite 14
Request: Giuseppe Cangialosi requesting to operate a retail and
repackaging /distribution business in the Live Oak Plaza.
Zoning District C -2 Commercial District
The following conditions need to be met prior to requesting for a Special Use Permit per
(Ordinance 2007 -16)
[X] The Business is compatible with the existing or planned character of the neighborhood in
which it would be located.
[X] The Business will not have an adverse impact upon adjacent properties.
[X] The Business will not interfere with use of adjacent properties.
[X] Fire Department Approval.
Staff Recommendation:
Staff reviewed the application for compliance based on the guidelines set forth in Section 45 -16.1 of the
Village Code, the proposed does not appear more intense than existing and permitted uses and such as,
retail furniture sales /distribution, restaurant and retail bakery. However, dependant upon the type and
size of delivery vehicle(s) associated with the distribution component of the business, parking could pose
an issue.
During the Council January 27th workshop session, the item was moved to regular by consensus with
conditions addressing the delivery trucks and time of operation.
�- - so Director
ZSUTSP 112008
-7/
SIMILAR USE REQUEST APPLICATION
DATE RECEIVED: + -
BTR q
ZONING DISTRICT:
Please submit application to: 501 U.S. Highway One
North Palm Beach, FL 33408
Phone: (561) 841 -3365
Fax: (56 1) 841 -8242
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Summary of Similar Use Request:
o Completed Business Tax Recei
t A plication (BTR) included
10 a1wres
By signing, I have read and understand the conditions set forth in Ordinance 2007 -16 of the Villages Code Ordinances. I also
authorize the Village of North Palm Beach Community Development staff, Fire Department, Publ' Safety and Public Works
Department (if ap icable) to ter the property for inspection on site.
Applicant • Owner
ate Date
Print Name f Print Nam
Department
Date
Approved
(Sig nature )
Not Approved
(Sign ture
Comments
Planning
Building
Fire
Public Safety
Public Works
Village Council
Please submit application to: 501 U.S. Highway One
North Palm Beach, FL 33408
Phone: (561) 841 -3365
Fax: (56 1) 841 -8242
January 17, 2011
Business Narrative for Village of North Palm Beach
Nino Pastry Factory, LLC 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, LLC is
a company that will specialize in two separate divisions.
The first division is our retail store that will 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 ail, spices and herbs,
snacks, cookies, and more. Our retail annual sales goal will be approximately
10% 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 limited number of
gourmet cakes, emphasizing unmistaken in quality and appearance. Sysco
Southeast. Florida, LLC, 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 12 employees, as well as
outside salespeople. With the anticipated growth, this number will increase as
the demand increases. The building we are moving into is 1,554 square feet.
The greater majority will be for the manufacturing and wholesale department
The owner and President of Nino Pastry Factory, LLC, Guiseppe Cangialos,
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 instilled 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. I remain
Sincerely yours,
angialosi, President
Factory, LLC
R e a d t y & I n v e s t m e n t s, I n c.
MA5;N. Military Trail, suite 100
Palm Beach Gardens, Florida 33410
(561) 4784440, Fax (561) 478 -4442
www.reichelrealty.com
,January 18, 2011
To:
Members of the Village Council
Village of North Palm Beach, Florida
Hanel Delivered
Dear Members of the Village Council:
'Plus company is the Managing Agent for the owner of the Live Oak Plana located at 9339 Alt.
AIA, in North Palm Beach, Florida. We believe that the owners of Live Oak Plaza have been a
good corporate citizen of the Village of North Palm Beach. We take pride in the {.'enter and hope
you agree that the Center is an asset to the Village. They are also the owners of The Mercedes
Dealership and tcel this is a ,great asset to your community.
Recently we signed a lease with Nino's Pastry Factory whereby they intend to open a small 1,500
square root facility in the, hidden corner of the Center. We understand the Nino's is requesting
from the Village a use permit which would enable them to open in North Patin Beach. We
strongly support this application.
'17lie merchants III. this Center strongly believes that Nino's will be a I'antastic addition to the tenant
Inlx. Current economic conditions have caused our Inerch nts to struggle,. A number have closed
their doors.
t'tre have signed the lease with Nino's. We personally have seen every aspect of his operation.
We have found Nino's to be an exceptional operator. He is extremely conscientious in terms of
cleanliness and general appearance of his store. He has been In business for a long time. We
strongly urge you to approve his application and allow hint to open his operation in Live Oak-
Plaza.
Respcc }? Submit d
tN, 11, i2 I3. Reich �I
President
Reichel Realty & Investiuents, Inc.
Managing Agent for Owncr of Live Oak Plaza
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LIVE OAK PLAZA
9339 Alternate A1A
Lake Park, Florida
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