TOWN OF JUPITER STAFF REPORT FOR ANGELO’S PIZZA EXPANSION TOWN MANAGER’S OFFICE

DATE: November 5, 2019

TO: Honorable Mayor and Members of Town Council

THRU: Matt Benoit, Town Manager

FROM: John Sickler, Director of Planning and Zoning

SUBJECT: ANGELO’S PIZZA EXPANSION – Special exception and site plan amendment applications to expand an existing restaurant and a request for shared parking, on a 1.8± acre property, located at 155 Toney Penna Drive.

Resolution # 111-19 PZ 19-3835 and 3836 GW

Meeting dates: PZ TC

11/12/19 12/17/19 (quasi-judicial)

Project name: Angelo’s Pizza Expansion Owner/Applicant: 155 Amadeus, LLC (Roger Frank) Agent: Cotleur and Hearing, Inc. Location: 155 Toney Penna Drive Acreage: 1.8 +/- acres Existing Square footage: Proposed Square footage:

2,450 sf. 3,700 square feet (sf) of a 24,272 sf Commercial Development

Present land use designation: Commercial Present zoning: Commercial, Restricted (C-4) Request: A special exception use application to expand an existing

restaurant by 1,250 sf. for a total of 3,700 sf and a request for shared parking within an existing shopping plaza (see Attachment A)

Staff Recommendation.

The Department of Planning and Zoning recommends approval of the applicant’s request, subject to Town Council’s approval of the applicant’s concurrent Zoning Text Amendment1 to remove the maximum number of seats for restaurants in the Commercial Restricted, C-4 zoning district, and subject to the conditions of approval listed in Exhibit 1.

1 File path to Zoning Text Amendment agenda item https://www.jupiter.fl.us/DocumentCenter/View/24169/05?bidId=

3-1

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 2

Project data. Please find listed below pertinent site plan data and information in reference to the application. The information is as follows: Table 1. Surrounding Property Data Location Existing land use Future land use/zoning designations

North Residential (Single Family) and Retail

High Density Residential / R-3 Residential, Multi-Family in the Toney Penna Redevelopment Overlay Area (ROA) and Commercial / C-4 Commercial Restricted zoning in the Toney Penna ROA

South Industrial

Industrial in the Bioscience Research Protection Overlay / I-2, General Industrial zoning in the Toney Penna ROA

East Road (South Old Dixie Highway) and Residential (PBC)

No Future Land Use / Not zoned and Residential Low (PBC) / RM zoning

West

Retail

Commercial / C-4 Commercial Restricted zoning in the Toney Penna ROA

Table 2. Building Square Footage Data Uses Existing Uses (square feet) Proposed Uses (square feet) Change

Medical 15,156 square feet 15,156 square feet 0 SF Retail 6,666 square feet 5,416 square feet -1,250 SF Restaurant 2,450 square feet 3,700 square feet +1,250 SF Total 24,272 square feet 24,272 square feet 0 SF

Table 3. Landscaping Buffers

Location Minimum requirements Owner’s proposal

North buffer (8th Street) 10 feet 10 feet South buffer (Toney Penna) 10 feet 5 feet 2 (Non-conforming) East buffer (S Old Dixie) 10 feet 5 feet (Non-conforming) West buffer (S Orange Ave) 10 feet 5 feet (Non-conforming)

Table 4. Landscaping details

Category Minimum requirements Owner’s proposal Number of total trees 72 353 Perimeter trees 54 253 Interior trees 18 11 Percentage of native plant material 50 percent 77.6 percent

2 Staff is recommending conditions of approval to allow for an increase to the Toney Penna landscape buffer. 3 Staff is recommending a condition of approval to increase the number of perimeter trees

3-2

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 3 Table 5. Traffic (see Attachment B)

Satisfies PBC/Town of Jupiter TPS Yes

Average daily trips - Roadway link of Toney Penna Drive from Military Trail to Alternate A1A

Current ADT (2019): 8,862 ADT at LOS D: 9,600

Average daily trips 20 ADT increase (from 989 to 1,009 trips) Peak hour trips - Roadway link of Toney Penna Drive from Military Trail to Alternate A1A

Current 2-way Peak Hour (2019): 682 2-way Peak Hour at LOS D: 1,120 Peak Hour

Peak hour trips 7 AM net peak hour trips decrease 3 PM net peak hour trips increase

Background/history. The following list is a history of the development approvals related to the existing restaurant in the commercial plaza.

1988 – Approval of a 1,400 square foot take out restaurant with 15 seats in Bay 5, known as Angelo’s Chicken and Pizza.

1992 – Approval of a restaurant with 24 seats in Bay 4. Restaurants were to share a kitchen; however, they were not to be connected in the dining area.

While the restaurant functions as a single tenant space today, at the time of original approval the tenant spaces were required to be separate because the code limited restaurants to a maximum of 25 seats in the C-4 zoning district. The maximum number of seats is requested to be removed with the concurrent zoning text amendment application. If approved, the existing restaurant will be allowed to expand to take up three tenant spaces as requested by the applicant. In addition to removing the seat cap in the code, a seat cap is also contained within the special exception approval for the first Angelo’s expansion in 1992. The applicant has proposed modifications to the existing conditions of approval as analyzed in the Special Exception section in the Analysis below.

Analysis.

This section analyzes the land development regulations and notes the application’s inability or ability to satisfy all applicable development provisions of the Town Code and Comprehensive Plan. The analysis is as follows: Comprehensive Plan consistency. The proposed development is generally in conformance with the Future Land Use element of the Comprehensive Plan. Policy 1.13.2 allows for greater flexibility for infill, redevelopment and upgrading of existing properties so long as existing nonconformities are reduced. Policy 1.13.3 states that infill, redevelopment and upgrading of existing properties shall meet certain criteria including ensuring that the development addresses or reduces existing nonconformities or demonstrates that the proposal will not create adverse impacts by allowing alternative solutions. The proposal reduces some of the site’s existing nonconformities and staff has recommended conditions of approval to further reduce other nonconformities, especially to landscaping buffer requirements, as detailed in the following analysis sections.

3-3

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 4 Commercial Restricted (C-4) Zoning District. Pursuant to Section 27-639, entitled “Use regulations”, a restaurant is a special exception use within the Commercial Restricted (C-4) zoning district. As stated in the concurrent Zoning Text Amendment application to remove the maximum number of seats for restaurants, the use of a restaurant will remain a special exception use. Special exception uses typically have unique characteristics that could affect the character and use of the surrounding properties and undergo an additional review process (see Special exception criteria section below). Site Plan. The existing site has nonconformities, which are being addressed by staff’s recommended conditions of approval in the Landscaping and Parking sections below. While the property contains pedestrian connections to Toney Penna, a connection to 8th Street does not exist today. The applicant is proposing a small sidewalk connection to 8th street as recommended by the Town Engineer; however, the terminus location is not safe for the shown crosswalk connection. As a result, staff is recommending a condition of approval that the applicant construct a raised sidewalk along 8th Street from the northeast corner of Building B, west approximately 60 feet to the west to line up with the western side of the T-intersection. The sidewalk shall be constructed, inspected, and approved by the Town’s Engineering Department prior to the issuance of a Certificate of Completion for the restaurant expansion. Corner Clip Easement. Per Section 27-1830, entitled “Incentives for Redevelopment” existing nonconformities must be reduced and easements are required to be dedicated if the redevelopment, upgrade or renovation is less than ten percent. Additional right-of-way may be needed to accommodate a future traffic circle, or other roadway improvements, to improve connectivity envisioned for the Toney Penna Redevelopment Area. An easement for additional right-of-way along the intersection of Orange Avenue and Toney Penna Drive is recommended to accommodate future transportation goals at this location. Staff informed the applicant that a corner clip may be requested on the southwest corner of the property to facilitate future right-of-way projects. The applicant responded that if a condition requiring the corner clip was proposed, that the timing not be tied to the building permit due to the time needed to process the corner clip. Therefore a condition is recommended that prior to issuance of development permit, a draft corner clip right-of-way easement located at the southwest corner of the subject property (the intersection of Orange and Toney Penna Drive) be submitted for review by the Town Engineer. The corner clip shall be a minimum of 25’ x 25’, as determined by the Town Engineer. The Owner shall record the easement in the public records of Palm Beach County prior to issuance of the first Certificate of Completion for the expansion. Landscaping. The proposed special exception is not in conformance with Chapter 23 of the Town code as it relates to landscape buffer widths and numbers of perimeter trees. The existing plaza has extensive nonconformities due to failure to maintain and replace expired and removed material, some of which was never replaced by the owner after the recent expansion of the Toney Penna right of way. Pursuant to Section 27-1830(b)(3), properties proposing to redevelop with less than 10 percent increase shall reduce existing nonconformities. The applicant is proposing to reduce the existing nonconformities on the property by increasing the landscape buffers along Toney Penna, Orange Avenue, and Old Dixie from approximately three feet to five feet and expanding and creating new landscape islands throughout the parking lot. Staff has addressed each below.

3-4

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 5

Toney Penna Landscape Buffer – The applicant is increasing the width of this buffer from approximately three feet to five feet; however, the code requires a 10 foot landscape buffer. When the property was originally approved, the landscape code required a 5 foot landscape buffer abutting all rights-of-way. While a 10 foot buffer is not possible without losing foundation planting or parking, a slightly larger landscape buffer along Toney Penna is possible by reducing the drive aisle from its varying widths of 24.8 feet and 26.5 feet down to the minimum of 24 feet and adding the space along the buffer. The spaces along the north side of the east-west drive aisle could be reduced to 17 foot deep with 2 foot of overhang to gain an additional foot of landscape buffer along Toney Penna, and the spaces abutting Toney Penna should be reduced to 17 feet deep to the wheel stops and a two foot overhang (with a foot in asphalt pavement and the second foot in landscape area). Staff is recommending a condition of approval that the northern spaces be reduced to 17 feet with wheel stops and two foot of overhang and the drive aisle be reduced to 24 foot in order to provide a larger landscape buffer along Toney Penna. The proposed condition of approval will allow for an additional increase of at least three feet along the Toney Penna buffer for a total of approximately eight feet.

Number of Perimeter Trees – The applicant is proposing to plant some additional perimeter trees and hedge material around the property; however, the plan contains less than half of the required trees per Town Code. Perimeter trees are required every 25 feet. In order to reduce the existing nonconformity, staff is recommending a condition of approval to add 10 native shade trees distributed along the east, south, and west landscape buffers, and two clusters of Sabal palms (with three palms in each cluster) along the northern landscape buffer, subject to review and approval by the Natural Resources Division.

Entry Islands – The existing islands denoting the project entry points are difficult for vehicular traffic to distinguish and have spotty Cocoplum hedge materials. Staff is recommending a condition of approval that the landscape plan be updated to fill in the existing hedge material and add groundcover within the entry landscape islands, subject to review and approval by the Natural Resources Division.

Rear (north) buffer – There are gaps in the landscape materials along the north side of the property and the landscaping along the north side that does not match the approved landscape plan for the Amadeus Plaza. Also, there is a concrete pad at the rear door to Angelo’s. While a concrete pad is reasonable near the rear door and over the grease trap, additional concrete was added on either side of the sidewalk leading to 8th Street. This additional concrete can be removed and planted with materials to re-establish the rear landscape buffer. Staff is recommending a condition that the excess concrete on either side of the sidewalk leading from the rear door to 8th Street be removed. Approved landscape plan- The landscape plan shown in Attachment D shows the perimeter buffers, interior landscaping and some foundation planting. The rear landscape buffer needs to be put back to the original approved plan. Also, the foundation planting that exists is not consistent with the approved plan and there are other inconsistencies. Staff has recommended a condition of approval to update the landscape plan to show the existing foundation planting and infill with native hedge material where appropriate and where not in conflict with pedestrian access. Staff has also recommended a condition that the applicant must demonstrate compliance with the approved plan from 1987, except for the changes to the landscaping as required in the conditions of approval in the subject resolution.

3-5

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 6 Parking. The proposed special exception is in conformance with Article X, Division 11, entitled "Off-street parking" contingent upon Town Council approval of shared parking. The applicant has proposed to revise the site plan to restripe the existing parking spaces throughout the site. Many of the existing spaces are wider or narrower than a standard parking space. Restriping the entire parking lot will provide additional room for code compliant terminal landscape islands to reduce the existing nonconformity. The changes in striping and addition of disabled parking spaces causes a slight reduction in parking from 128 to 117 spaces. Along with making changes to the parking lot, the applicant is requesting the use of shared parking with the increase in restaurant square footage. Pursuant to Section 27-2830(3), properties requesting shared parking with less than 250 parking spaces must be reviewed and approved by the Town Council. The below table shows the plazas parking demand with the changes in use and shared parking reduction. Table 6. Shared parking calculations. Weekday Weekend Uses (square footage) Minimum

code requirements

12:00 am - 6:00 am

9:00 am - 4:00 pm

6:00 pm - 12:00 am

9:00 am - 4:00 pm

6:00 pm - 12:00 am

Retail (5,416 SF) 22 (1 per 250)

1 (5%)

15 (70%)

20 (90%)

22 (100%)

15 (70%)

Medical (15,156 SF) 76 (1 per 200)

4 (5%)

76 (100%)

8 (10%)

8 (10%)

4 (5%)

Restaurant (3,700 SF) 44 (1 per 85)

4 (10%)

22 (50%)

44 (100%)

22 (50%)

44 (100%)

Total Req. (24,272 SF) 142 9 113 72 52 63 Parking Provided 117 (17.7% reduction, 25% is maximum allowed)

The total reduction granted by shared parking is 17.7 percent. Early in the review process, staff had concerns that Angelo’s produced a higher weekday, lunch time demand than that of a typical restaurant which the code allows a reduction of 50 percent during weekday daytime hours. To address staff’s concern on heavy lunch time use, the applicant performed a parking study to ensure that adequate parking would be provided (see Attachment C). The results of the study indicate that during peak times, only 83 parking spaces were used on site, leaving 34 spaces vacant. Because the study was completed out of season, staff applied seasonal multiplier of four percent based on information from the Urban Land Institute, for a total of 86 cars on site during peak hours. Based on the adjustment, the impact of Angelo’s Pizza being open for lunch does not significantly impact the availability of parking at the plaza. Traffic. The proposed application is in conformance with Palm Beach County and the Town’s traffic performance standards. The applicant submitted a traffic study, revised June 4, 2019, which demonstrates the anticipated traffic generation, provides a signalized intersection analysis, and indicates the projected driveway volumes (Attachment B). Special exception criteria. Section 27-177, contains minimum criteria for review of special exception applications. Upon review of the criteria in Section 27-177, staff finds that the Owner will satisfy all criteria with the conditions of approval recommended by staff. Staff Comment: The original approval for Angelo’s Pizza contained conditions related to the number of seats, hours of operation, exhaust venting, and delivery location. The applicant has

3-6

Angelo’s Pizza - Special Exception for Restaurant Expansion Staff Report (PZ 19-3835 and 3836) Page 7 requested that the number of seats and hours of operation not be restricted with the current expansion. The hours of operation were originally restricted from 4:00 PM to 11:00 PM to align with the traffic study. The restaurant currently operates outside of the originally restricted hours. Staff is supportive of the applicant’s request to remove the seat cap and remove the hours of operation limit based on the information in the shared parking analysis and traffic analysis provided by the applicant. In addition, the current hours of operation have not lead to any calls for service from the Police Department over the past 12 months. The remaining conditions of approval for exhaust venting restrictions and delivery location restrictions have been incorporated as conditions of approval. Site plan criteria. Town Code, Section 27-175, contains minimum criteria for review of all development application processed. Upon review of Section 27-175, staff finds that the Owner has satisfied 11 of the 12 criteria. The criterion that is not satisfied is:

3. The proposed development is consistent with all applicable land development regulations and all other portions of this Code.

Staff Comment: As indicated in this analysis, staff has provided conditions of approval that will ensure the development complies with all sections of the Town Code and Comprehensive Plan.

Attachments. Attachment A – Statement of use Attachment B – Traffic Study Attachment C – Shared parking study Attachment D - Approved Landscape plan File Path. V:\PlanningZoning\Staff\WP51\PROJECTS\Amadeus Plaza (The Crossings)\PZ 19-3836 - Angelo's Pizza Expansion (2019)\PZC Meeting\PZ 19-3835 and 3836_Staff Report.docx

3-7

Exhibit 1

Staff’s Recommended Conditions of Approval The recommendation for approval is subject to the following conditions: 1) The Owner shall install and maintain all improvements in compliance with the following:

a. Site Plan and details, referenced as “Sheet 1 of 2 and 2 of 2”, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/28/19.

b. Landscape Plan and details, referenced as “Sheet 1 of 2 and 1 of 2”, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/25/19

c. Traffic statement, revised 06/04/19, prepared by Simmons and White, received and dated by the Department of Planning and Zoning on 06/28/19.

d. Shared Parking Study, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/01/19.

e. Justification Statement, revised 10/28/19, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/28/19.

2) The uses conducted on the subject property shall conform to the representations in the Statement of use, revised 10/28/19, prepared by Cotleur and Hearing, Inc., received and dated by the Department of Planning and Zoning on 10/28/19.

3) Any revisions to the site plan, statement of use, or other details submitted as part of the Application, including but not limited to the location of the proposed improvements or additional, revised or deleted colors, materials, or structures, or changes to how the business operates, shall be submitted to the Department of Planning and Zoning (hereinafter the Department) and shall be subject to review and approval.

4) The conditions of approval herein shall apply to the Owner, Applicant and their successors and assigns.

5) Site Plan. Upon the submission of the final plans, and prior to the issuance of any development permits, the applicant shall: a. Revise the site plan to indicate the construction of a raised sidewalk along 8th Street

from the northeast corner of Building B, west approximately 60 feet to the west to line up with the western side of the T-intersection. The sidewalk shall be constructed, inspected, and approved by the Town’s Engineering Department prior to the issuance of a Certificate of Completion for the restaurant expansion.

b. Draft a corner clip right-of-way easement located at the southwest corner of the subject property (the intersection of Orange and Toney Penna Drive) be submitted for review by the Town Engineer. The corner clip shall be a minimum of 25’ x 25’, as determined by the Town Engineer. The Owner shall record the easement in the public records of Palm Beach County prior to issuance of the first Certificate of Completion for the expansion.

6) Landscape Plan. Upon the submission of the final plans, and prior to the issuance of any development permits, the applicant shall revise the landscape plan (and site plan to match) to: a. Reduce the length of the northern row of spaces adjacent to the building to 17 feet, with

wheel stops and a two foot overhang; b. Reduce the width of all of the east/west drive aisle to 24 feet and shift the southern row

of spaces northward to add a minimum of 2.8 to 4.5 feet to the landscape buffer along Toney Penna. This can be accommodated by placing the wheel stop at 17 feet with a two foot overhang (one foot paved and one foot grass or groundcover); Add 10 native shade trees along the east, south, and west perimeter landscape buffer, and two clusters of Sabal palms (three palms in each cluster) along the northern landscape buffer abutting the residential, subject to review and approval by the Natural Resources Division

3-8

Exhibit 1

c. Fill in the existing hedge materials along the project entries and add ground cover, subject to review and approval by the Natural Resources Division;

d. Remove the excess concrete on either side of the sidewalk leading from the rear door to 8th Street;

e. Show the location of the existing foundation material and infill native hedges where appropriate and not in conflict with pedestrian access.

f. Demonstrate compliance with the approved plan from 1987, except for the changes to the landscaping as required in the conditions of approval in the subject resolution.

7) The exhaust odors from the proposed restaurant shall be vented through the top of the building. 8) The delivery/pickup of goods for the restaurant shall occur from the parking lot only. No

temporary or permanent parking of delivery vehicles shall occur on 8th Street. 9) Miscellaneous. The placement of any type of vending machines or units which dispense food,

beverages, candy, merchandise, products, goods, handbills, or advertising magazines on the exterior portions of the subject property within public view, is prohibited.

3-9

Angelo’s Restaurant Special Exception and Site Plan Review

Justification Statement June 10, 2019

October 1, 2019 Updated October 28, 2019

INTRODUCTION On behalf of the Applicant, 155 Amadeus, LLC. Cotleur & Hearing is requesting a special exception and amendment to site plan and the conditions of approval by the Town of Jupiter in 1992. The existing 2450 SF restaurant will add 1250 SF for a total of 3700 SF. The subject petition is in relation to property that is located on the NW corner of Toney Penna Drive and N. Dixie Hwy. The property is zoned Commercial, restricted (C-4) and is located in the Toney Penna Redevelopment Overlay (ROA). PROJECT CONTACT Cotleur & Hearing Attn: Donaldson Hearing/Alexander Ahrenholz 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Office (561) 747-6336 Direct (561) 406-1002 Fax (561) 747-1377

155 Amadeus, LLC Attn: Roger Frank 155 Toney Penna, Dr. Jupiter, FL 33458 Cell: 510-305-1821

Email: dhearing@cotleur-hearing.com; aahrenholz@cotleur-hearing.com HISTORY Originally called Angelo’s Chicken and Pizzeria, the restaurant opened in Bay 5 of the Crossings plaza in 1988. It had approvals from the Town of Jupiter as a 1,400 SF take away restaurant with a maximum of 15 seats. In 1992, the opportunity to expand the restaurant into bay 4 of the plaza was pursued, but the seat cap for the C-4 district did not allow the request to go above 25 seats. A compromise was achieved where the restaurant in bay 4 would be called “Angelo’s Restaurant” and have a maximum of 24 seats. The kitchens could be shared in the back, but they would be considered two separate uses with different entrances. The 1,050 SF expansion created the 2,450 SF restaurant that exists today as simply Angelo’s Pizza for both bays. REQUEST The existing 39 seat, 2,450 SF restaurant within bays 4 and 5 is proposed to expand into bay 3, increase the SF to 3,700 SF with a maximum of 100 seats. The text amendment to remove the seat requirement of the C-4 zoning district allows each proposed restaurant to apply for approval as a special exception by the Town Council based on compatibility and traffic of their specific area. This restaurant will be approved under the new C-4 regulations without a seat cap, having

3-10

somewhere between 75 and 100 seats at full build out. As an existing restaurant in an old, operating shopping center, the increase in traffic and parking demands are minimal. The restaurant will only require 10 additional parking spaces compared to the existing retail user and add 20 daily trips to the site. The impact is minimal to a well-functioning center and will fill a bay that is would otherwise be vacant when the Bay 3 lease expires. The approval of the special exception use will result in the update of the previous conditions of approval. The special exception (198-SE-92) was approved by the Town of Jupiter unanimously with the following conditions of approval. The proposed amendment to the condition are shown below in strike through format.

1. The restaurant seating shall be limited to no more than twenty-four (24) seats. 2. The hours of operation for the proposed restaurant shall be limited to Monday through

Friday, from 4:00 p.m. until 11:00 p.m. The petitioner may open the proposed restaurant from 7:00 a.m. to 11:00 p.m. on Saturdays and Sundays. The proposed restaurant space may not be utilized in any manner for the purpose of dining or serving of food, beverages, etc., to restaurant patrons, private parties, general public, etc., prior to 4:00 p.m., Monday through Friday.

3. Any change in hours of operation of the proposed restaurant by the petitioner, owner, successors or assigns shall require the resubmission of a traffic statement and Town Council approval.

4. The exhaust odors from the proposed restaurant shall be vented through the top of the building; therefore, no vent system shall be installed to the rear of the structure (Eight Street side).

5. The delivery/pickup of goods for the restaurant should occur from the parking lot only. No temporary or permanent parking of delivery vehicles may occur on Eight Street.

Sec. 27-175. - Criteria for site plan review. The criteria listed below shall apply to all site plan applications, including small-scale developments, large-scale developments, planned unit developments, developments of regional impact, and modifications of existing approved development orders.

a) The proposed development is consistent with the goals, objectives and policies of the town comprehensive plan.

Response: Yes, the restaurant does not adversely affect the neighboring community, it maintains the commercial land use designation, meeting all policies and objectives of the comprehensive plan.

b) The proposed development is consistent with any applicable, countywide land development regulations.

Response: There are no county wide land development regulations that apply to this parcel.

c) The proposed development is consistent with all applicable land development regulations and all other portions of this Code.

Response: Yes, the current land-use designation is commercial-restricted, and the future land-use is commercial.

d) The proposed development is compatible and/or consistent with the established or proposed character of a neighborhood or area.

3-11

Response: Angelo’s Pizza is located in a C4 commercial-restricted district within a shopping center. It is neighbored by high-density residential and industrial designations. Both neighboring uses are not currently impacted by the restaurant and would not be adversely impacted by the potential expansion of seating provided by Angelo’s. The other parcels in commercial-restricted districts in town, as shown in Exhibit B are consistent with this level of development. Because a restaurant in C-4 district is a special exception, each individual proposed use in a C-4 location would be considered separately for approval.

e) The proposed development does not create or excessively increase traffic congestion or otherwise affect public safety.

Response: The restaurant is currently serving beyond capacity and effectively shares parking with neighboring businesses, per the shared traffic study. Therefore, the restaurant will not increase traffic congestion.

f) There are adequate levels of service for public facilities, including, but not limited to, transportation, water supply, drainage and sanitation, available concurrent with the impacts of the development proposed by the application.

Response: Yes, the external structure will not be altered. g) The proposed development does not significantly reduce light and air to adjacent

properties. Response: Yes, the capacity to serve has no impact on air or light to adjacent properties.

h) The proposed development does not adversely affect property values in adjacent areas. Response: Yes, the external structure will not be changed so there will be no impact on property values.

i) The proposed development would not be a deterrent to the improvement or development of adjacent property in accordance with existing regulations.

Response: Yes, expanding the restaurant will not degrade the integrity of the area. As shown in Exhibit C, the adjacent properties are currently developed and consistent with their land use designation. Because the existing structure will not be altered, there will be no impact on the neighboring parcels.

j) The proposed development does not create noise or visual pollution. Response: Noise or visual pollution is not expected to change with this amendment.

k) The proposed development does not negatively impact adjacent natural systems or public facilities, such as parks.

Response: Yes, the external structure will not be altered. l) The proposed development provides pedestrian amenities, including, but not limited to,

benches, trash receptacles, and/or bicycle parking. Response: Yes, the external structure will not be altered so existing infrastructure meets the standard.

Because Angelo’s Pizza, and any restaurant in a C-4 district, is a special exception, the criteria for approval must be met.

Sec. 27-177. - Criteria for special exceptions. (a) A special exception use shall not be approved unless all of the following criteria are met:

3-12

(1) The proposed special exception use shall be compatible with the character and use (existing and future) of the surrounding property in its function; hours of operation; type and amount of traffic to be generated; building location, mass, height and setback; and other relevant factors peculiar to the proposed special exception use and the surrounding property.

Response: A large-scale restaurant can successfully operate in a commercial restricted district without negatively impacting the surrounding property. In these cases, the districts are surrounded by industrial, residential, and major roadways. Future land use is expected to remain the same. If the commercial restricted districts maintain the limitation to external emissions of pollution and potential nuisances, then the businesses will have little impact on the neighboring residential areas or surrounding property values.

(2) The proposed special exception use shall not have a detrimental impact on surrounding properties based on:

a. The number of persons anticipated to be using, residing, or working on the property as a result of the special exception use; Response: In general, this would be on a case-by-case basis. But, should have

little impact on the industrial areas. For Angelo’s Pizza, the number of shops that the business occupies would be increasing to accommodate an increase in customers. This would not directly increase the number of customers which patron the business.

b. The degree of noise, odor or other potential nuisance factors generated by the special exception use; and Response: An indoor restaurant has little impact on noise or odor in the area.

c. The effect on the amount and flow of traffic within the vicinity of the proposed special exception use. Response: A parking study has been conducted and an increase in the size of

the restaurant will not lead to an influx in vehicle traffic. This is ideal in shared parking situations where surrounding businesses have different peak hours.

(Code 1992, § 27-98; Ord. No. 37-99, § 4, 10-19-1999; Ord. No. 49-10, § 1, 12-21-2010)

Sections 27-1804 and 27-1805- Toney Penna Redevelopment Overlay Area

The proposed development is proposing to remain as existing with a few non-conformities remaining in place. The general site design will remain, but pedestrian connections and landscaping have been added where possible to meet current code requirements.

1. Setbacks- The existing buildings meet the required setbacks from the road ways. There is not proposed development on the second floor that will dictate the need for a waiver from this requirement.

2. The existing street buffer is proposed to be expanded to become 5 feet wide and the addition of trees and a hedge along the entire ROW is proposed.

3. The green space for the C-4 zoning district is supposed to be 25%. The site is currently 17.5% green space. This meets the minimum requirement of 10% green space within the overlay as a non-conformity.

4. The building is not proposing any exterior development. All changes will be interior to the existing structure.

5. Parking is fully provided on site.

3-13

Section 27-1830- Incentives for Redevelopment (b) Property owners who propose to redevelop, upgrade or renovate existing property by

increasing the intensity ten percent or less of its existing gross floor area shall provide the following:

(1) Dedicate required easements, including, but not limited to, vehicular and/or pedestrian cross access, sidewalks for abutting public rights-of-way, ultimate rights-of-way, and all utilities, including those for undergrounding; Response: The required easements are provided. (2) Property owners proposing an increase in the percentage of impervious area or making improvements exceeding 50 percent of the value of the property shall improve stormwater quality and quantity to the more stringent of the South Florida Water Management District requirements or the town stormwater level of service standards of the town's current stormwater master plan. The value of the property shall be based on the greater of the county property appraiser's total market value or the value of the property as determined by the total purchase price paid for the property, provided a sale of the property occurred within one year of the date of determination; Response: The improvements will not exceed 50 percent of the value of the property. (3) Reduce existing non-conformities on a property. Response: The renovation will reduce existing non-conformities by planting trees and hedges, expanding the buffer along Toney Penna and expanding non-conforming parking islands in a few areas where there was room without losing parking spaces. Palm trees were filled in on the island for a minimum of three per the code requirement.

Town staff, Planning and Zoning Commission, and Town Council will still have the opportunity to review the proposed restaurant through the Site Plan Review and Special Exception process. Therefore, the current parcels within the C4 district neighboring residential districts, could be denied this use. The amendment would not increase the total number of parking spaces currently provided since the restaurant parking is shared between the businesses within the shopping center. Because the other businesses are retail and medical, the peak demand hours overlap with the lunch restaurant. An analysis of shared parking conditions is included with this application. Per the code requirements for the shared parking analysis, 135 parking spaces are needed during the peak usage but the study found significantly fewer vehicles were actually on site. 117 parking spaces are provided, there is adequate parking available on site. Within the peak hour between 12-1pm on weekdays (83 filled spaces), there were still 30% or 36 spaces open for use. The proposed restaurant will require an additional 10 parking spaces which are easily accommodated within the current development (93 required during the peak with 117 proposed to be provided). CONCLUSION The Applicant is requesting an amendment to the condition of approval and site plan to the existing Special Exception approval of Angelo’s Pizza within the Commercial, restricted (C-4) zoning district. Additionally, the limit to number of seats for the restaurant will be removed to allow

3-14

for current and future expansion. This will enable Angelo’s to comply with the conditions for approval in its current form and accommodate the Applicant’s growing business.

3-15

S I M M O N S & W H I T E 2581 Metrocentre Blvd, Suite 3, West Palm Beach, Florida 33407 O 561.478.7848 | F 561.478.3738 w w w . s i m m o n s a n d w h i t e . c o m C e r t i f i c a t e o f A u t h o r i z a t i o n N u m b e r 3 4 5 2

TRAFFIC GENERATION STATEMENT

ANGELO’S PIZZA EXPANSION TOWN OF JUPITER, FLORIDA

Prepared for: Angelo’s Pizza 155 Toney Penna Drive Jupiter, Florida 33458 Job No. 19-068 Date: 06/04/2019

Bryan G. Kelley, P.E. FL Registration No. 74006

3-16

TABLE OF CONTENTS

1.0 SITE DATA .......................................................................................................... 2

2.0 TRAFFIC GENERATION ..................................................................................... 2

3.0 CONCLUSION ..................................................................................................... 3

3-17

Angelo’s Pizza Expansion Job No. 19-068 Page | 2

1.0 SITE DATA

The subject parcel is located in the northwest corner of Toney Penna Drive and Old Dixie Highway in the Town of Jupiter, Florida and contains approximately 1.75 acres. The Property Control Number for the subject parcel is 30-42-41-01-00-000-5040. The existing development consists of 2450 S.F. restaurant, 6483 S.F. retail, and 16,700 S.F. medical office. The proposed redevelopment consists of converting 1225 S.F. of retail to restaurant. Therefore, the total proposed development is to consist of 3675 S.F. restaurant, 5258 S.F. retail, and 16,700 S.F. medical office with a buildout year of 2022. Site access is not proposed to change and consists of a full access and right in, right out driveway connection to Toney Penna Drive and a full access driveway connection to 8th Street. For additional information concerning site location and layout, please refer to the Site Plan prepared by Cotleur Hearing.

2.0 TRAFFIC GENERATION The Palm Beach County Unified Land Development Code Article 12 requires that for any application for a site specific development order on property on which there are existing/vested uses shall be subject to the Palm Beach County Traffic Performance Standards to the extent the traffic generation projected for the site specific development order exceeds the traffic generation of the vested uses. The generation rates and capture rates of the vested uses shall be updated to current pro forma traffic generation and passer-by rates and shall be used to calculate vested uses/existing traffic. The traffic currently vested to the parcel has been calculated in accordance with the ITE Trip Generation Manual, 10th Edition and published Palm Beach County Trip Generation Rates as shown in Tables 1, 2 and 3. Table 1 shows the daily traffic generation associated with the existing/vested development in trips per day (tpd). Tables 2 and 3 show the AM and PM peak hour traffic generation rates, respectively, in peak hour trips (pht). The traffic generated by the existing/vested development may be summarized as follows:

Existing/Vested Development

Daily Traffic Generation = 989 tpd AM Peak Hour Traffic Generation (In/Out) = 57 pht (41 In/16 Out) PM Peak Hour Traffic Generation (In/Out) = 90 pht (35 In/55 Out)

The traffic to be generated by the proposed site modifications has also been calculated in accordance with the ITE Trip Generation Manual, 10th Edition and the Palm Beach County Trip Generation Rates as shown in Tables 4, 5 and 6. Table 4 shows the daily traffic generation associated with the proposed plan of development. Tables 5 and 6 show the AM and PM peak hour traffic generation, respectively. The traffic to be generated by the proposed plan of development may be summarized as follows:

3-18

Angelo’s Pizza Expansion Job No. 19-068 Page | 3

2.0 TRAFFIC GENERATION (CONTINUED)

Proposed Development

Daily Traffic Generation = 1009 tpd AM Peak Hour Traffic Generation (In/Out) = 64 pht (44 In/20 Out) PM Peak Hour Traffic Generation (In/Out) = 93 pht (37 In/56 Out)

The increase in traffic generation as a result of the proposed site modifications is shown in Table 7 and may be summarized as follows:

Change in Traffic Generation

Daily Traffic Generation = 20 tpd AM Peak Hour Traffic Generation (In/Out) = 7 pht (3 In/4 Out) PM Peak Hour Traffic Generation (In/Out) = 3 pht (2 In/1 Out)

3.0 CONCLUSION

As shown in Table 7, the proposed modification will result in an increase of 20 daily trips, an increase of 7 AM peak hour trips, and an increase of 3 PM peak hour trips at project build out of 2022. The change in peak hour trips is negligible and will have an insignificant impact on the surrounding roadways and is therefore approvable with regard to the Palm Beach County Traffic Performance Standards. Based on the findings of this report, the proposed development will generate less than 20 peak hour trips and therefore no additional traffic analysis is required and the project is therefore approvable with regard to the Palm Beach County Traffic Performance Standards.

BGK: x:/docs/trafficdrainage/tgs.19068

3-19

FIGURE 1 – Site Location MapAngelo’s PizzaProject # 19‐068

Site

N

A1A

Toney Penna Dr

Orang

e Av

e

8th St

Old Dixie Hwy

3-20

ANGELO'S PIZZA 06/04/19

TABLE 1 - Daily Traffic GenerationITE

Landuse Code Rate/Equation In Out % % TripsMedical Office 720 16,700 S.F. 34.8 10% 58

Gen. Commerciale 820 6,483 S.F. Ln(T) = 0.68 Ln(X) + 5.57d 62% 505

High Turnover Sit-Down Rest. 932 2,450 S.F. 112.18 43% 118

Grand Totals: 0.0% 41% 681

TABLE 2 - AM Peak Hour Traffic GenerationITE

Landuse Code Rate/Equation In Out In Out Total % In Out Total In Out Total % Trips In Out TotalMedical Office 720 16,700 S.F. 2.78 0.78 0.22 36 10 46 0.0% 0 0 0 36 10 46 10% 5 32 9 41

Gen. Commerciale 820 6,483 S.F. 0.94 0.62 0.38 4 2 6 0.0% 0 0 0 4 2 6 62% 4 2 0 2

High Turnover Sit-Down Rest. 932 2,450 S.F. 9.94 0.55 0.45 13 11 24 0.0% 0 0 0 13 11 24 43% 10 7 7 14

Grand Totals: 53 23 76 0.0% 0 0 0 53 23 76 25% 19 41 16 57

TABLE 3 - PM Peak Hour Traffic GenerationITE

Landuse Code Rate/Equation In Out In Out Total % In Out Total In Out Total % Trips In Out TotalMedical Office 720 16,700 S.F. 3.46 0.28 0.72 16 42 58 0.0% 0 0 0 16 42 58 10% 6 14 38 52

Gen. Commerciale 820 6,483 S.F. Ln(T) = 0.74 Ln(X) + 2.89f 0.48 0.52 31 33 64 0.0% 0 0 0 31 33 64 62% 40 12 12 24

High Turnover Sit-Down Rest. 932 2,450 S.F. 9.77 0.62 0.38 15 9 24 0.0% 0 0 0 15 9 24 43% 10 9 5 14

Grand Totals: 62 84 146 0.0% 0 0 0 62 84 146 38% 56 35 55 90

Net TripsIntensity

Dir Split Gross Trips Internalization External Trips Pass-by

Net TripsIntensity

Dir Split Gross Trips Internalization External Trips Pass-by

1,670 0 1,670 989

275 0 275 157

814 0 814 309

581 0 581 523

Intensity Gross Trips Total External Trips Net Trips

EXISTING DEVELOPMENT

Dir Split Internalization Pass-by

X:\Documents\PROJECTS\2019\19-068 Angelo's Pizza\Trip Gen.xlsxAL

3-21

ANGELO'S PIZZA 06/04/19

TABLE 4 - Daily Traffic GenerationITE

Landuse Code Rate/Equation In Out % % TripsMedical Office 720 16,700 S.F. 34.8 10% 58

Gen. Commerciale 820 5,258 S.F. Ln(T) = 0.68 Ln(X) + 5.57d 62% 409

High Turnover Sit-Down Rest. 932 3,675 S.F. 112.18 43% 177

Grand Totals: 0.0% 39% 644

TABLE 5 - AM Peak Hour Traffic GenerationITE

Landuse Code Rate/Equation In Out In Out Total % In Out Total In Out Total % Trips In Out TotalMedical Office 720 16,700 S.F. 2.78 0.78 0.22 36 10 46 0.0% 0 0 0 36 10 46 10% 5 32 9 41

Gen. Commerciale 820 5,258 S.F. 0.94 0.62 0.38 3 2 5 0.0% 0 0 0 3 2 5 62% 3 1 1 2

High Turnover Sit-Down Rest. 932 3,675 S.F. 9.94 0.55 0.45 20 17 37 0.0% 0 0 0 20 17 37 43% 16 11 10 21

Grand Totals: 59 29 88 0.0% 0 0 0 59 29 88 27% 24 44 20 64

TABLE 6 - PM Peak Hour Traffic GenerationITE

Landuse Code Rate/Equation In Out In Out Total % In Out Total In Out Total % Trips In Out TotalMedical Office 720 16,700 S.F. 3.46 0.28 0.72 16 42 58 0.0% 0 0 0 16 42 58 10% 6 14 38 52

Gen. Commerciale 820 5,258 S.F. Ln(T) = 0.74 Ln(X) + 2.89f 0.48 0.52 25 27 52 0.0% 0 0 0 25 27 52 62% 32 10 10 20

High Turnover Sit-Down Rest. 932 3,675 S.F. 9.77 0.62 0.38 22 14 36 0.0% 0 0 0 22 14 36 43% 15 13 8 21

Grand Totals: 63 83 146 0.0% 0 0 0 63 83 146 36% 53 37 56 93

Net TripsIntensity

Dir Split Gross Trips Internalization External Trips Pass-by

Net TripsIntensity

Dir Split Gross Trips Internalization External Trips Pass-by

1,653 0 1,653 1,009

412 0 412 235

660 0 660 251

581 0 581 523

Intensity Gross Trips Total External Trips Net Trips

PROPOSED DEVELOPMENT

Dir Split Internalization Pass-by

X:\Documents\PROJECTS\2019\19-068 Angelo's Pizza\Trip Gen.xlsxAL

3-22

ANGELO'S PIZZA 06/04/19

DAILY TOTAL IN OUT TOTAL IN OUTEXISTING/VESTED DEVELOPMENT = 989 57 41 16 90 35 55

PROPOSED DEVELOPMENT = 1,009 64 44 20 93 37 56

20 7 3 4 3 2 1

TABLE 7TRAFFIC GENERATION DIFFERENCE

AM PEAK HOUR PM PEAK HOUR

DIFFERENCE =

X:\Documents\PROJECTS\2019\19-068 Angelo's Pizza\Trip Gen.xlsxAL

3-23

N

Toney Penna Drive

6 (6)

Legend

XX     AM Peak Hour (XX) PM Peak Hour

ADT              

SITE

FIGURE 2 ‐ Driveway VolumesAngelo’s PizzaProject # 19‐068

(8)3

744

XX

(19) 18

2(8)

413

24 (25)

(17)6

(25)9

9(25)

9 (9)

(4) 2

8th Street

496

3-24

Angelo’s Pizza Shared Parking Study

155 Toney Penna Dr. 10.1.2019

3-25

Objective: On behalf of the applicant, 155 Amadeus LLC., Cotleur & Hearing prepared this parking study to determine if the existing conditions can support the applicant’s proposal of expanding into a neighboring 1250SF Bay. Angelo's Pizza is an existing 2,450SF restaurant which is located on the north side of Toney Penna Drive and south side of 8th street and between Old Dixie Hwy and Orange Avenue in a commercial complex called "The crossings". The Crossings consist of two existing buildings with the total area of 24,272SF. Overview and Process: The study was completed using drone aerial photographs taken at various locations to determine the utilization of the parking lot (see exhibits A-I). The counts were taken at seven (7) different times on a weekday and six (6) different times during a weekend in September 2019. The weekday peak times were taken at: 10:30am, 12:15pm, 12:25pm, 12:50pm and 1:00pm to adequately depict the peak usage of the parking lots. During the weekend there were no signs of heavy activity during any hours of the day. The number of cars present during each visit are included in Table 1. Analysis: Table 1 shows the results broken out between West Building (W), East Building (E), West Parking (W), and East Parking (E) quadrants of the development. The study specifically focuses on the East quadrant, which currently has Angelo’s Pizza restaurant. There are 62 existing parking spaces within this quadrant out of the 119 total for the site. The analysis has shown that the overall peak usage for the development was during the week around lunch time. As shown on Table 1, more people used the East side of the property which is the side that Angelo’s Pizza is located. During the busiest hour there was a total of 83 parking spots out of 119 occupied throughout the entire site. With 30% parking still available the restaurant will still have sufficient parking during lunch hours with the remaining 36 spots still available. During the weekend the West portion of the parking area was nearly empty. There was total of nine (9) cars parked throughout the whole day. Parking will not be an issue because there is a sufficient of amount of parking in addition to the West parking area. As shown on the proposed site plan, there are 116 parking spaces provided. This is because of the re-striping that will take place around the site to help make the spaces more uniform and code compliant. Results: In accordance with the shared parking study, the proposed restaurant expansion totaling 3,700SF requires 44 spaces at the highest demand. Currently a 2,450SF restaurant requires 20 spaces. The 1250 SF retail space requires 5 parking spaces today, but with that space becoming a restaurant 15 parking spaces are required. 10 additional spaces are needed, but with the current unused parking spaces on the West portion of the lot there will be adequate parking. During the week 12:25pm was the busiest time throughout the day, only 83 spaces of the 119 spaces were counted in the entire site leaving 36 open spaces. On the East side specifically, there are 62 spaces with 15 vacant at the highest demand. When the number of spaces decreases to 116, 33 spaces would be open and available to use. The 10 needed parking spaces for the restaurant will adequately use the open spaces with 23 left open on site. Conclusion: We have thus concluded that the addition to the Angelo’s Pizza will have adequate on-site parking currently available. As a restaurant with shared uses, these numbers are subject to change based on peak demand for special events, circumstances and individual tenants, but a buffer of 20% open parking spaces at peak hour, there is plenty of extra space for vehicles to park.

3-26

Table 1. Shared Parking Analysis Day Quadrant Time Count Provided %

Empty Weekday West

Building 8:30 AM 14 27 48% 10:30 AM

24 27 11%

12:15 PM

19 27 30%

12:25 PM

20 27 26%

12:50 PM

18 27 33%

1:00 PM 19 27 30% 4:00 PM 18 27 33%

East Building

8:30 AM 3 30 90% 10:30 AM

15 30 50%

12:15 PM

23 30 23%

12:25 PM

21 30 30%

12:50 PM

20 30 33%

1:00 PM 20 30 33% 4:00 PM 15 30 50%

West Parking

8:30 AM 13 30 57% 10:30 AM

18 30 40%

12:15 PM

16 30 47%

12:25 PM

20 30 33%

12:50 PM

17 30 43%

1:00 PM 15 30 50% 4:00 PM 13 30 57%

East Parking

8:30 AM 7 32 78% 10:30 AM

13 32 59%

3-27

12:15 PM

23 32 28%

12:25 PM

22 32 31%

12:50 PM

20 32 38%

1:00 PM 15 32 53% 4:00 PM 12 32 63%

Day Quadrant Time Count Provided % Empty

Weekend West Building

9:00 AM 1 27 96% 10:00 AM

0 27 100%

1:00 PM 0 27 100% 1:20 PM 1 27 96% 1:40 PM 1 27 96% 5:00 PM 2 27 93%

East Building

9:00 AM 3 30 90% 10:00 AM

6 30 80%

1:00 PM 10 30 67% 1:20 PM 12 30 60% 1:40 PM 8 30 73% 5:00 PM 16 30 47%

West Parking

9:00 AM 0 30 100% 10:00 AM

1 30 97%

1:00 PM 0 30 100% 1:20 PM 0 30 100% 1:40 PM 1 30 97% 5:00 PM 2 30 93%

East Parking

9:00 AM 6 32 81% 10:00 AM

11 32 66%

1:00 PM 9 32 72% 1:20 PM 9 32 72% 1:40 PM 9 32 72% 5:00 PM 8 32 75%

Weekday TOTAL

8:30 AM 34 119 71% 10:30

AM 70 119 41%

3-28

12:15 PM

81 119 32%

12:25 PM

83 119 30%

12:50 PM

75 119 37%

1:00 PM 69 119 42% 4:00 PM 58 119 51%

Weekend TOTAL

9:00 AM 10 119 92% 10:00

AM 18 119 85%

1:00 PM 19 119 84% 1:20 PM 22 119 82% 5:00 PM 28 119 76%

3-29

Exhibit A- Weekday 8:30am

Exibit B- Weekday 10:30am

Exhibit C- Weekday 12:15pm

3-30

Exhibit D- Weekday 12:25pm

Exhibit E- Weekday 12:50pm

Exhibit F- Weekday 1pm

3-31

Exhibit G- Weekday 4pm

Exhibit D- Weekend 9am

Exhibit E- Weekend 10am

3-32

Exhibit F- Weekend 1pm

Exhibit G- Weekend 1:20pm

Exhibit H- 1:40pm

3-33

Exhibit I- 5pm

3-34

3-35