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10-08-2015_Public Hearing and Motion - Special Permit for Similar Use - Florida FreediversVILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council FROM: James P. Kelly, Village Manag 44 DATE: October 8, 2015 SUBJECT: MOTION — Issuance of Special Use Permit for Establishment of a Similar Use within the C -1 Neighborhood Commercial Zoning District and Northlake Boulevard Overlay Zoning District (Florida Freedivers, LLC) The Village Administration has received an application for a Special Use Permit for the establishment of a Similar Use from Ryan Johnson, Johnson Group Development, on behalf of Florida Freedivers, LLC (proposed property owner). The request seeks Council approval of a similar use permit for retail sales, instructional classrooms and an above ground outdoor training pool on property located at 633 Northlake Boulevard, currently occupied by The Camera Shop. Florida Freedivers, LLC was founded in 1999 and is currently located in Lake Park, Florida. The company sells dive equipment and apparel and provides freedive instruction and certification for all levels. The applicant is under contract to purchase the property and intends to make building and site renovations to allow for instructional classrooms and the construction of an above ground outdoor training pool 12 to 15 feet in height located along the northeast side of the building where parking currently exists. The proposed use is similar to personal services uses, which are permitted by right within the Northlake Boulevard Overlay Zoning District (NBOZ) and the underlying C -1 Zoning District. The NBOZ regulations include the following uses within the definition of personal services: barber shops, beauty salons, nail salons, tanning salons, and art and music schools. The ability to construct the proposed training pool is a prerequisite to the company's interest in the subject property. Staff has reviewed the attached application for compliance based on the guidelines set forth in Section 45 -16.1 of the Village Code. The proposed use is no more intense than existing uses within the C -1 Neighborhood Commercial Zoning District. Consequently, the proposed use is compatible with the existing character of the neighborhood and will not have an adverse impact upon, or interfere with, the use of adjacent properties. This item was discussed at the Council Workshop Session held on September 24, 2015 where it was unanimously moved to the next regular lar a eg nda. There is no fiscal impact. Contact person: Chuck Huff, Community Development Recommendation: Village Administration seeks Council approval of the Special Use Permit for establishment of a freedive facility incorporating retail sales, instructional classrooms and an above ground training pool within the C -1 Neighborhood Commercial Zoning District in accordance with Village Policies and Procedures. 1C► •� C t � �' • VILLAGE OF NORTH PALM BEACH ORDER ON APPLICATION FOR SPECIAL USE PERMIT Applicant: Florida Freedivers, LLC Location: 633 Northlake Boulevard Parcel ( "Premises ") Legal Description: 68- 43- 42- 16 -04- 037 -0151 Lot 15, Block 37 of Plat 3 (Less TRGLR PAR IN OR909P690) Zoning District: C -1 Neighborhood Zoning District and Northlake Boulevard Overlay Zoning District Request: Special Use Permit for a Similar Use to operate retail sales, instructional classrooms and an above ground outdoor training pool on property. This matter came before the Village Council for public hearing on October 8, 2015. 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 that 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 a similar use within the C -1 neighborhood commercial zoning district and Northlake Boulevard Overlay Zoning District. Based on the foregoing, it is hereby ORDERED by the Village Council that the application for Special Permit is hereby GRANTED subject to the following condition: The Applicant shall secure and maintain, at all times, a valid Business Tax Receipt issued by the Village of North Palm Beach. Should the Applicant fail to meet the condition 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 ATTEST: Melissa Teal, Village Clerk day of October, 2015. VILLAGE OF NORTH PALM BEACH I� Robert A. Gebbia, Mayor Please submit application to: 420 U.S. Highway One, Suite 21 North Palm Beach, FL 33408 Phone: (561) 841-3365 Fax: (561) 841 -8242 G� x�Li Zoning Similar Uses Issuance of a Special Permit Council Request Form Date Submitted: September 15, 2015 Submitting Official: Jodi Nentwick, Village Planner Subject: Florida Freedivers, LLC Location: 633 Northlake Boulevard Request: This request is for the approval of instructional classroom and a training pool at the property located at 633 Northlake Boulevard which Florida Freedivers, LLC is under contract to purchase. These uses are an integral part of Florida Freedivers' business model and are accessory to the proposed primary retail use which is a permitted use within the C -1 Neighborhood Commercial zoning district. Zoning District: C -1 Neighborhood Commercial District and Northlake Boulevard Overlay Zoning 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. D- .. T> ZSUISP 1/2008 Dat Page 1 of 1 Gary R. Nikolits, CFA Homestead Exemption Ap rker o s Property a P�lrTe �e C unit' Location Address 633 NORTHLAKE BLVD Municipality NORTH PALM BEACH i Parcel Control Number 68- 43- 42- 16 -04- 037 -01 51 Subdivision NORTH PALM BEACH VILLAGE OF PL 3 IN PB 25 PGS 175 & 176 Official Records Book 26469 Page 144 I Sale Date NOV -2013 Legal Description NORTH PALM BEACH VILLAGE OF PL 3 LT 15 (LESS TRGLR PAR IN OR909P690) BLK 37 Mailing address j Owners 752 CINNAMON RD WETTERMANN PHYLLIS TR NORTH PALM BEACH FL 33408 4026 i Sales Date Price OR Book /Page Sale Type Owner NOV -2013 $10 26469/0144 WARRANTY DEED WETTERMANN PHYLLIS TR No Exemption Information Available. J — - - -- Number of Units 0 °Total Square 6927 Acres 0.6281 Feet — — Use Code 1 100 STORES Zoning C1 - Neighborhood Commercial ( 68 -NORTH PALM BEACH ) Tax Year 2015 P 2014 2013 i Improvement Value $294,047 $272,194 I $250,503' Land Value $328,606 $328,660 $313,010 Total Market Value $622,653 $600,854 $563,513 P – All values are as of January 1 st each year Preliminary Tax Year 2015 P 2014 2013 Assessed Value $622,653 $600,854 $563,513 j Exemption Amount $0 $o $0 Taxable Value $622,653 $600,854 $563,51 3 -- — Tax Year —201-5 P - - -- - -- 2014 --- - - - - -- 2013-- - Ad Valorem $13,777 $13,261 $12,213 Non Ad Valorem $1,385 $1,475 $1,482 tax $15,162 $14,736 _ $13,695 -- -Total _ http: / /www, pbcgov. com /papalAsps /PropertyDetai 1 /PropertyD etail. aspx ?parcel= 684342160... 9/29/2015 9/17/2015 North Palm Beach, FL Code of Ordinances Sec. 45 -16.1. - Similar uses. (a) A use within a commercial zoning district not specifically listed as a permitted use, but possessing characteristics similar to a permitted use, may be established upon written application to the community development director for a special use permit. (b) In evaluating an application for a special use permit for the establishment of a similar use, the community development director shall, in consultation with other village departments, consider the characteristics of the proposed use, including, but not limited to, size, intensity, density, operating hours demands for public facilities, traffic impacts and business practices (c) Upon review and evaluation of the application, the community development director shall present his or her recommendation to the village council for final consideration on the next available council agenda. (d) The village council shall conduct a public hearing on the application for special use permit and determine whether the application meets the criteria set forth in subsection (b) above. The village council shall grant or deny the application by written order. (e) In granting a special use permit, the village council may impose conditions necessary to ensure that the proposed use: (1) Is compatible with the existing or planned character of the neighborhood in which it would be located; (2) Will not have an adverse impact upon adjacent properties; and (3) Will not interfere with the use of adjacent properties. Such conditions may include restrictions on the size and operating hours of the proposed use. (f) If the conditions imposed by the special use permit are not met, the community development director may revoke the permit. A permit holder may appeal the revocation of a special use permit by filing an appeal, in writing, to the Zoning Board of Adjustment within thirty (30) days of receipt of written notice of revocation. (Ord. No. 2007 -16, § 2,10-25-07) 1/1 about:blank Detail by Entity Name Page 1 of 3 http: / /search. sunbiz.org /Inquiry/ CorporationSearch /SearchResultDetail ?inquirytype= Entity... 9/29/2015 JOHNSTON GROUP D E V E L O P M E N T FLORIDA FREEDIVERS 633 Northlake Boulevard COUNCIL WORKSHOP PROJECT NARRATIVE September 14, 2015 ABOUT FLORIDA FREEDIVERS Florida Freedivers (www.fIf reed ivers.com) was founded in 1999 and has grown to become the nation's largest dive shop dedicated specifically to the rapidly developing sport of freediving. Currently located in Lake Park, the company sells dive equipment and apparel, and provides freedive instruction and certification for all levels. Florida Freedivers is under contract to purchase the property located at 633 Northlake Boulevard (currently occupied by The Camera Shop) and intends to make building and site renovations to create a premier destination property. PROPOSED SITE & BUILDING RENOVATIONS Site Renovations Site improvements will include additional landscaping, the formalization of parking spaces and drive aisles, and the addition of a freedive training pool. The proposed pool is for instructional use only and is an integral part of Florida Freedivers' courses. The ability to construct the proposed training pool is a prerequisite to the company's interest in the subject property. The enclosed preliminary site plan shows a pool of approximately 38' x 24' located along the northeast side of the building where parking currently exists. The proposed training pool will be approximately 12 feet in height above ground and approximately three (3) feet in- ground for a total depth of 15 feet as appropriate for free dive training. Constructing the pool partially above ground will lessen the excavation depth required which would reduce impacts to the existing built and natural environment. The raised pool also affords an ability to have viewing windows along the sides which are beneficial for training exercises and provide spectators with a unique opportunity to observe the freediving action. This unique pool which is neither associated with a private residence nor intended for commercial recreation as defined by the Village's zoning code (the proposed training pool is merely accessory to the proposed principal use of the building). The pool will generally only be used on Saturday afternoons between fpm and 5pm with classes of approximately eight (8) students. Florida Freedivers is open only from 10AM to 6PM daily and so there will be no nighttime use of the training pool. The pool will be fully screened with landscaping and secured in accordance with all applicable Village regulations. Access to the pool will be provided via a staircase which leads to an elevated deck alongside the pool. For compliance with the Americans with Disabilities Act and the Florida Accessibility Code, handicap access will be provided via an automatic chair lift adjacent to the elevated deck. Parking displaced by the proposed pool will be reestablished within a reconfigured parking lot on the north side of the building. The required number of parking spaces for the project is 25 and twenty -five spaces are provided. A new five (5) foot landscape buffer is provided along the north property line where no such landscape buffer currently exists. Given the position of the northwest corner of the 5090 PGA BOULEVARD. SUITE 212 -PALM BEACH GARDENS. FL 3.418 - 561.69 1.4652 P • 561.691.4553 F WWW.I0 FINSTONG(ROUP1NC.C_OM existing building, the proposed landscape buffer has been tapered down to zero (0) feet between the proposed dumpster and Lake Circle in order to provide ample access for vehicular traffic to the rear parking lot. The existing asphalt along the west side of the building will be cut and replaced with a new landscape area and three (3) formalized parking spaces. A 5 -foot landscape buffer will be added along the west property line abutting Lake Circle. Currently, there is no landscape buffer along the west property line. The main parking lot in front of the building will be reconfigured in an effort to bring the site closer into compliance with C -1 and NBOZ district requirements. The existing access point along Lake Circle will be modified to ingress only and the existing access point along Northlake Boulevard will be modified for egress only to allow a slight angling of the required parking spaces. In addition, the small landscape strip along the south property line will be widened to seven (7) feet in order to provide a more significant buffer and area within which new landscape materials that meet the code requirements can be installed. Terminal landscape islands will be installed to frame the parking row and providing a separated area for the existing monument sign which is proposed to remain. Building Renovations The proposed building renovations will include a complete interior demolition and renovation to allow for retail and office spaces, instructional classrooms, and accessory spaces such as bathrooms, storage closets and lavatories. The exterior of the building will receive a facelift and new covered entry areas along the south side of the building, Preliminary architectural elevations depicting all proposed building modifications will be submitted with the site plan amendment application. SITE DRAINAGE The existing stormwater management system is accomplished with a combination of overland sheet flow and drainage inlets that directs flow to the existing point(s) of legal positive outfall. The proposed site plan modification does not propose any changes to the function of the existing stormwater management system. Only minor modifications to the existing drainage system layout may be required as a result of the proposed improvements. COMPLIANCE WITH ZONING REGULATIONS Development of the subject property is governed by the C -1 Neighborhood Commercial Zoning District regulations and the requirements of the Northlake Boulevard Overlay Zoning District (NBOZ). While we are confident that we will not be able to meet all of the development standards applicable to the site, we feel that significant improvements can be made to bring the site further into compliance while maintaining the property as a viable commercial business. A small number of waivers will be requested to allow for deviations from the code requirements given existing site constraints. A complete code compliance analysis will be submitted as part of the formal site plan amendment application. CLOSING Florida Freedivers is extremely excited about the opportunity to revitalize the subject property and make it a vibrant and functional use within the Northlake Boulevard corridor. We believe that Florida Freedivers will be a great addition to the community and a good neighbor to the surrounding properties. NORTHLAKE CONDOMINIUM (R-3 —THEMT — DlSIIYCr) I Lul —11 ul u LL11 NORTFi LAKE (TIDAL) ---------- LOTT BROTHERS — — — — — — — — — — — — — — 1-90*0" '00JI- A-39.27 R=25.00'_ NORTHLAKE BLVD. LOCATION MAP F3 of 15 �& 37. WLIAX OF NORTH PAM SF�, PLAT NO. 4 ft., 6— C—y, F�. LFSS . P—f more porlkWw!v tlexerNrtl a_ wil. IMM av�'. F., W. J. ND al Me I,,. . - Wlwe of Inc 0,4 01 IM al�, C.— 9— F-a, P. f3- 25, Pwplbl 0ilanee e! ATE. )0 leef. mw to pp;nl Black 3; e �.id A.1 X.. 3. ft .1—` 2 of LO 16. of 103.91 feN. mae w .1. 1. lib POIN, Of 8[Gnwn'G, SITE DATA: B=NG ZONING: C-1; NEIGHBORHOOD COMMERCIAL DISTRICT 8=2 LAND USE: COMMERCIAL TOTAL LOT AREA: 0.63 ACRES (27,241 S.F.) TOTAL GROSS FLOOR AREA: 6,458 S.F. PARKING REQUIRED: 25 SPACES (SEE CHART BELOW) PARKING PROVIDED: ZS SPACES HANDICAP PARKING REQ'D.: 1 SPACE HANDICAP PARIGNG PROVIDED: 1 SPACE A- � V-. VEHICULAR USE AREA I= IMPERVIOUS AREA: I= PERVIOUS AREA: RJILDINq-SEFISAgg FRONT (NORTHLAKE BLVD.): 49.9' REAR (NORTH): SIDE-ODRNER (LAKE CIR.): 20.5' SIDE (EAST): 0.01 Site Plan i Litterick Landscape Architecture (D z C4. = Z> _0 fA LL 0 z S,.[.. I"= 20i r SP-1 MINUTES OF THE WORKSHOP SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA C SEPTEMBER 24, 2015 Present: Robert A. Gebbia, Mayor David B. Norris, Vice Mayor Doug Bush, President Pro Tern Darryl C. Aubrey, Sc.D., Councilmember Mark Mullinix, Councilmember James P. Kelly, Village Manager Len Rubin, Village Attorney Melissa Teal, Village Clerk ROLL CALL Mayor Gebbia called the meeting to order at 9:01 p.m. All members of Council were present. All members of staff were present. SPECIAL USE PERMIT — FLORIDA FREEDIVERS LLC Discussion took place regarding the application for a Special Use Permit for the establishment of a Similar Use from Ryan Johnston, Johnston Group Development, on behalf of Florida Freedivers, LLC for retail sales, instructional classrooms and an above ground outdoor training pool on property located at 633 Northlake Boulevard, currently occupied by The Camera Shop. Brian Cheguis of Johnston Group Development gave a presentation on the Special Use Permit application and the proposed use of the property. Florida Freedivers owner Jonathan Dickinson, and Craig Mason, President, Mason Group addressed Council questions concerning the project. By consensus, the Council forwarded this item to the next Regular Session agenda. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 9:25 p.m. Melissa Teal, CMC, Village Cl rk