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08-25-2011 Motion Special Use Permit - Village Beauty Supply VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council FROM: Jamie Titcomb, er - Villa e Manager g g BY: Chuck Huff, Community Development Director Jodi Nentwick, Village Planner DATE: August 25, 2011 SUBJECT: MOTION — Issuance of Special Permit for Establishment of a Similar Use within CC Transitional Commercial Zoning District (Village Beauty Supply) The Village Administration received a request for a Special Permit for the establishment of a Similar Use from Wyslaine Hertilien, president of Village Beauty Supply, seeking approval to operate a retail beauty supply store at 9267 Prosperity Farms Road, located within the same plaza as the Village Grocer convenience store. This property is zoned CC Transitional Commercial District. 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 is no more intense than existing uses and other permitted retail uses, such as clothing stores and sporting goods stores. 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. Upon Village Council approval, the applicant will be required to obtain the necessary building permits and inspections for minor repairs to the property prior to the Village's issuance of a Business Tax Receipt for the retail beauty supply store. Recommendation: The Administration requests Council consideration and approval by Motion of the Application for a Special Use Permit to establish a Similar Use filed by Village Beauty Supply to authorize the operation of a retail beauty supply store located at 9269 Prosperity Farms Road in accordance with Village Polices and Procedures. MNi - A PP Ta ,' VILLAGE OF NORTH PALM BEACH ORDER ON APPLICATION FOR SPECIAL USE PERMIT Applicant: Village Beauty Supply Location: 9267 Prosperity Farms Road ("Premises") Legal Description: Lot 30 (less the Prosperity Farms Road right-of-way) of Kelsey Acres, according to the plat thereof recorded in Plat Book 22, Page 16 of the public records of Palm Beach County, Florida. PCN: 68-43-42-17-03-000-0300 Zoning District: CC Transitional Commercial District Request: Special Use Permit for the establishment of a Similar Use to operate a retail beauty supply store This matter came before the Village Council for public hearing on August 25, 2011. Upon consideration of the recommendation of the 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 CC transitional commercial zoning district. Based on the foregoing, it is hereby ORDERED by the Village Council that: 1. The Applicant's request to establish a retail beauty supply store on the Premises is GRANTED subject to the following conditions: A. The Applicant shall apply for and obtain the necessary building permits and inspections for minor repairs to the Premises prior to applying for a Business Tax Receipt. B. Outdoor sale and/or display of merchandise shall be prohibited (indoor display and sale only). C. The Applicant shall secure and maintain, at all times, a valid Business Tax Receipt issued by the Village of North Palm Beach. 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 August, 2011. VILLAGE OF NORTH PALM BEACH By: Daryl Aubrey, Mayor ATTEST: Melissa Teal, Village Clerk Page 2 of 2 1 t;•rtt e 1 Village of North Palm Beach Department of Community Development SIMILAR USE REQUEST APPLICATION DATE RECEIVED: 41.4,t ZONING DISTRICT: 0 6 1)t E t t I t - �o I� ! �i t �� �':=vim =.:.:.: :_.�._:,' a Contact Name: ►. , Irmo . Name: am"; ; _'► , Address: 0 , • / . r: �r Address: q . .• .r at@.:. ,:. . ... City/State/Zip:. / City/State/Zip: p N. ktivt 60/1 tn. 331403 Phone: t [_ 331- n O t, Phone: ct01— Si—S f O L a Fax: Fax: Email Address Email Address:s• tar . r • Summary of Similar Use Re hest: A _-- geC' - - Iri Sda r. 1 Y ../ Are-..v- re A.e,., .-moo c•a.� Cal,ga�..tie; r r'6i-c. srt COST` f4S 1 Fv4tif"Cr. ) —04 is. C ilr t.) (41-4S, j h.v.y �o(4-em VI-11. "Comileted Business Tax Receipt A, •lication B_TR included By signing,I have read and understand the conditions set forth in Ordinance 2007-16 of the Villages Code Ordinances. 1 also authorize the Village of North Palm Beach Community Development staff,Fire Department,Public Safety and Public Works Department(if a licable)to enter the property for inspection on site. - , . 1. • Applicant A c I ' Owner 441 ' RM4•2 1� r '� Date WI*l Ir �,Date Print Name ,�, r yt,Q Qa(• .. i Q� Print Name LY.U+LR. QX 1 QM, , _ _rte�._.y.S_ 'RL -_�-.��_-�?;=c . �-='�=..s.'..-�- =�_ —.—:=r==`r•�'=a. -u;—.=.– _ - Departnient Date Approved Not Approved Comments (Signature) (Signature) Planning Building Fire Public Safety Public Works Village Council - _ Please submit application to: 501 U.S.Highway One North Palm Beach,FL 33408 (q�i r Phone:(561)841-3365 Fax:(561)841-8242 1.14 r .�,�iteA t,. 3 i3 Q...,51/14;1 ,dorn Zoning Similar Uses Issuance of a Special Permit Council Request Form Date Submitted: August 4, 2011 Submitting Official: Jodi Nentwick, Village Planner Subject: Village Beauty Supply Location: 9269 Prosperity Farms Road Request: Mr. Hertilieu has applied for a "Special Use Permit" to operate an retail Beauty Supply Store; similar to the permitted uses the CC- Transitional such as a retail clothing store or sporting goods store. Zoning District: CC-Transitional Commercial District The following conditions need to be met prior to requesting for a Special Use Permit per(Section 45-16.1) [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: 1. Must obtain the necessary building permit and final inspections for minor repairs prior to issuance of the business tax receipt. 2. No outdoor display of merchandise, indoor only Ar6/ ti2/01 ommunity _I ev •men—,ec• ctor Dat ZSUISP 1!2008 Palm Beach County Property Appraiser Property Search System Page 1 of 1 .._ 41 t°`-i (ropesiy fiprars spa 11c Acc"sS , Ytem ti-.r— }'1 c)_ '_ fe J ,1 r� r ti�� �fi t t FT" t r r t, r r r, r f, '• - Property Information Location Address: 9267 PROSPERITY FARMS RD til eltit l lap. _- Municipality: NORTH PALM BEACH .:.:.. aculat•_ atitirAdlingt.4g, Parcel Control Number: 68-43-42-17-03-000-0300 • Subdivision: KELSEY ACRES IN S#1 Reverse Side Official Records Book: 18054 Page: 1593 Sale Date: Jan-2005 Help Legal Description: KELSEY ACRES LT 30 (LESS TRGLE PAR PROSPERITY FARMS RD R/W) Owner Information Name: NASSER THARWAT& I- 1 Mailing Address: 9271 PROSPERITY FARMS RD LAKE PARK FL 33403 1457 - Sales Information Sales Date Book/Page Price Sale Time Owner Jan-2005 18054/1593 $755,000 WARRANTY DEED NASSER THARWAT& Jun-1997 09843/1338 $220,000 WARRANTY DEED Dec-1994 08569/1155 $100 WARRANTY DEED Exemptions Exemption Information Unavailable. - Appraisals Tax Year: 2010 2009 2008 - Property Information — Improvement Value: $146,695 $174,771 $199,535 Number of Units: 0 Land Value: $255,843 $299,211 $308,369 *Total Square Feet: 3936 Total Market Value: $402,538 $473,982 $507,904 Acres: 0.43 * May indicate living area in Use Code: 1100-STORES residential properties. All values are as of January 1st each year Assessed and Taxable Value Tax Year: 2010, 200_9_ 2008, Assessed Value: $402,538 $473,982 $507,904 Exemption Amount: $0 $0 $0 , Taxable Value: $402,53 $473,982 $507,904 - Taxes _ Tax Year: 2010 2009 2008 - Ad Valorem: $9,128 $10,398 $10,245 ' __`"`' - := " ' : Non Ad Valorem: $1,97 $1,936 $1,794 f- __ • Total Tax: $11,104 $12,334 $12,039 Tax Collector WebSite NOTE; Lower the top and bottom margins to 0.25 on File->Page Setup menu option In the browser to print the detail on one page. http://www.pbcgov.com/papa/aspx/web/detail info.aspx?p_entity=68434217030000300&geonav=... 8/11/2011 Legal Description Page 1 of 1 -Legal Description Owner Name: NASSER THARWAT PCN Number: 68-43-42-17-03-000-0300 Legal Description KELSEY ACRES LT 30 (LESS TRGLE PAR PROSPERITY FARMS RD R/W) httpi/www.pbcgov.connlpapa/aspx/web/LegalDetail.aspx?entity_id°68434217030000300&Owner ... 8/11/2011 _ke!r r cOMvItit.A.cf,DDE N.OPHMEN M BELCI Nr BTR#: '" 501 U.S.HIGHWAY I•NORTH PALM BEACH.FLORIDA 33405 " - PHONE 1561)841.3365•FAX(561)841.8242•W W W.V1LLAOE44PB.ORG BUSINESS TAX RECEIPT APPLICATION I NEW I CHANGE OF ADDRESS I CHANGE OF NAME I CHANGE OF OWNERSHIP f NEW PROFESSIONAL APPROVAL OF_APPLICATION `REQUIRES A MINIMUM OF FIVE(5)BUSINESS DAYS Business Name: \4 j arse- FKL49 qu?-Q . individual Name: 9S tQ�t.,v�Q .I✓✓'t t i I t. Primary Address: C1Z eit r 1 1 Mailing Address: `Z([QS1 fraspe_rskii vcitt,rms 52.,01 i9ttm i2,eadA Wit• ° u®3 N1.• 42114-tm Rear. . f- 334.3 Phone Number: 'fp1-- '.. C"1-r10to Fax Number: cell Number: E-Mail Address: h i x vJhqC e'- kvn •Cow) Website Address: Federal ID#or Social Security Number(Required): tl ^ 09'4346 52- Start of Business Date: A U5u. t zo m Type of Business(Please be specific. Narrative of Business is also required): r 1- 171 a.c.,-sfr_ ..s(7,1,/,, r]4 Number of Employees: -ired0 Square Footage of Occupancy: 12.00 SA Previous Use/Occupancy: C-I o`fhiri0 1%,)a re.. Are there any renovations required and/or planned in order to occupy the proposed space? I Yes I l Do you store hazardous materials or flammable materials? I! Yes I State License Professionals Name Profession License Number(Attach cane of license) Emergency Contacts(After hours contact information,commercial businesses only) Name Address Telephone Number I. • 2. Specialty License Information(If applicable) Cosmetology/Barber Shop-No of Persons _ Restaurant-No of Seats: - Hotel/Apartments-No of Units: Stock Brokerage-No of Brokers: Coin Operated or Vending-No of Machines: Boat Spaces-No of Spaces: Fuel Dispensers-No of Pumps: Real Estate Broker: Real Estate Agents: Bowling-No of Lanes: Retail&Wholesale Merchants-Average Yearly Inventory at your cost: $ 41O.0 ad Taxi/Transportation: No of Vehicles: Adult Entertainment Does the proposed business usage constitute an adult dancing establishment as defined in the Palm Beach Cty Adult Entertainment Code? I-Yes I c) Does the proposed business usage constitute an adult theatre as defined in the Palm Beach Cty Adult Entertainment Code? I Yes I Does the proposed business usage constitute an adult bookstorelvideo store as defined in the Palm Beach Cty Adult Entertainment Code? I Yes I Does the proposed business usage co to an adult activity that would require an adult entertainment license in accordance with the Palm Beach County Adult Entertainment Code? I'Yes I Describe the live entertainment that will be performed using the Narrative for Business form on Page 2 of this application. If live entertainment includes dancing of any type,you must specify the type of dancing and the state of dress or undress of the dancers. /1//14- I certify that I have read this application and that the statements contained herein and on Page 2(Narrative of Business) are true and correct to the best of my knowledge. I understand that the notarization of my signature of Page 2 applies to the entire application. I also understand that failure to complete the entire((application including Page 2(Narrative of Business)will result in processing delays to my application. Sys It-k.14., �l� k/i? pW n-e t Primal Noe Th6 ffirPr a Uwe - BTR2008-01.5 Rev 01 04 10 www.sunbiz.org -Department of State Page 1 of 1 'FLORIDA DEPARTMENT OP STATE -1 CORPORATIONS � DIVISION (��' 11 .f�fl per' Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return to List Fictitious Name Search 3 C No Filing History Fictitious Name Detail Fictitious Name VILLAGE BEAUTY SUPPLY Filing Information Registration Number G11000075219 Status ACTIVE Filed Date 07/28/2011 Expiration Date 12/31/2016 Current Owners 1 County PALM BEACH Total Pages 1 Events Filed NONE FEI/EIN Number 45-2846732 Mailing Address 9269 PROSPERITY FARMS ROAD NORTH PALM BEACH, FL 33403 Owner Information HERTILIEN,WYSLAINE 9269 PROSPERITY FARMS ROAD NORTH PALM BEACH, FL 33403 FEI/EIN Number: NONE Document Number: NONE Document Images 07/28/2011 —Fictitious Name Filing -?:1-,fplitIPJAIN a_ � Note:This is not official record. See documents if question or conflict. Previous on List Next on List Return to List Fictitious Name Search No Filing History �CLVi6[`=y%=1 I Home I Contact us I Document Searches I E-Filing Services I Forms I Help I Copvriahty and Privacy Policies State of Florida,Department of State http://www.sunbiz.org/scripts/ficidet.exe?action=DETREG&docnum=611000075219&rdocnum=... 8/11/2011 TAX COLLECTOR,PALM BEACH COUNTY APPLICATION FOR PALM BEACH COUNTY BUSINESS TAX RECEIPT (COUNTY ORDINANCE 72-1) Account# Receipt# No business tax receipt shalt be issued until applicable county and state laws are complied with including,but not limited to,building,zoning,construction industry licensing,fire control and health. FICTITIOUS NAME REGISTRATION MUST ACCOMPANY THIS APPLICATION BUSINESS INFORMAT ON: `` Start of Business Date A1k5 2-C) i1 Business Name 1 Cl -- �:_t U. .._+f 4 Applicant Name 1,04clat. }�e 42\I teat✓ Business Address ° ►,: r ;i?:.s I. .. rtt& Corporation Name City/State}1, ' fed w% ',v!► Mailing Address(If Different) Business Phone Q` - .6s1- 1"1 o to City/State Zip *Federal Employer I.D..# -OR- *Social Security# Nature of Business Re."-et-a- ge-a. Crstplr_/ Sr 4-,� 2- r Prdc1as S-ul -f✓c 1.2■4 I I I . Maximum Number of Employees 4-14.41 Machines ! - Rooms _ Restaurant Seating Were you issued a Notice of Non-Compliance? Yes No I certify that the above information is true and correct,and I understand that any false statements could result in penalties as provided b law. . ) a l Signature h. �t Gte Qfi-ttlP�t . Title 01'`Js'"e'v PLEASE NOTE:ZONING APPROVAL MUST BE COMPLETED PRIOR TO RECEIPT ISSUANCE ***See reverse side of this application for instructions*** MUNICIPAL/CITY ZONING APPROVAL Title k UNINCORPORATED/COUNTY ZONING APPROVAL Legal Description of property(Property Appraiser 355-2866) Section Township Range _Zoning This business is presently served by: Public Water Public Sewer Onsite Well Septic Tank I)Planning Building and Zoning A.Zoning(U No.) 2)Fire Marshall B.Compliance 3)Health Department _ C. Building 4)Hotel &Restaurant D.Zoning 5)Prior Use of baylbldg. E.Other SIC Code ***Signature and Title Designates Approval*** OFFICE USE ONLY: Class Code Branch Office Clerk State License# Field Service Approval Date *Per FS 205.0535(5) PBCTC Form 65(01/08) • • NORTH PALM BEACH FIRE DEPARTMENT 560 U.S. Highway 1,North Palm Beach, Florida 33408 Phone (561) 848.2525 Fax(561) 881-5708 • FIRE smeary INSPECTION REPORT • Occupant '\: �.. .. Date • Address: ; Suite: Phone No_. ;L• Emergency Contact: Title: Phone No.: [ j Means of Egress: ()obstructed ()locked O improper locking devise. Location(s): • [ ] Emergency Lighting: () inoperative ()not provided Location(s): [ ] Illuminated Exit Sign: ()inoperative ()not provided ()battery back-up inoperative. • Location(s): [ ] Fire Sprinkler System: ()required clearance(18 inches)not maintained for fire sprinkler heads • ()not monitored by fire alarm system ( )no maintenance contract NFPA 25 • Fire Department Connection: ()obstructed ()damaged ()missing caps Fire Sprinkler Riser.()valves not chained and/or locked ()spare heads not provided I I Fire Alarm System: ()non-functional ( )no current inspection tag ()no central station monitoring [ ] Dangerous accumulation of waste or combustible material. Location(s): [ ] Fire Extinguisher(s): ()not provided ()not accessible ( )not mounted ()requires maintenance Minimum classification is 2A-1O8C rated extinguisher inspected and tagged by a licensed technician Location(s): [ j Electrical Hazards: 0)improper use of extension cord ()missing blanks in electrical panel ()use of outlet multiplier ()combustible material too close to a heat producing appliance 0)electrical panel obstructed- minimum 30"clearance ()circuits not marked Location(s): t ] Address not visible from roadway: O Front- O Rear [ I Knox Box: 0)requires maintenance ()missing/improper keys tL [ 1 - - tI tl , f - Auth•ri :Cha.ter 12 Code of Ordinances Villa!e of North Palm Beach NO VIOLATIONS NOTED THIS DATE FORWARD TO FIRE CHIEF • ALL VIOLATION CORRECTED FORWARD TO CODE ENFORCEMENT Your immediate attention is required on the above listed items. You have(14)days to correct any and all violations unless otherwise noted. Failure to correct violations on or before the re-inspection date will result in further action by the Fire Department. Please contact the North Palm Beach Fire Department if you have any questions. (561)848-2525. Date: . t Occupant' Inspected by: , ` , I.D. No. �� ` �'�, � p Re-inspected by: , I.D. No. .Date:, - Occupant: Remarks: • Whits copy-Occupant Yellow copy-Occupant after violations corrected Pink copy-Fire Prevention 46-32 NORTH PALM BEACH CODE triikts,„ minimum floor area of seven hundred other complementary uses:'The CC district shall fifty(750) square feet; an additional one serve as a transition between residential areas hundred fifty (150) square feet of floor and intense commercial development. area shall be required for each additional B. Uses permitted. The following uses are per- bedroom provided. matted in the CC transitional commercial district: G. Conditions for permitted uses: 1. Financial'institutions L All activities, sales and storage of goods 2. Professional offices must be conducted entirely within com- pletely enclosed buildings with perma- 3. Florists • nent nonmoving outside walls.The follow- 4. Clothing stores ing exceptions apply: 5. Stationary [stationery] stores (a) Restaurants that qualify under out- door seating provisions of Appendix 6. Photo studios/camera shops C- Zoning. 7. Sporting goods stores • (b) Marinas with enclosed new boat re- •8. Gift shops tail display area may utilize outdoor rear and side yard site area for ground 9 Candy shops level new boat storage, rigging, mi 10: Seamstresaltailor shop nor repair and display subject to the 11. Barber shops following conditions: - - -- -- - - (i) Outdoor storage, rigging, ml- Hair salons , .nor repair and display areas 13. Nail salons . shall be completely screened from the view of the street-right- 14. Instructional dance/music studios of-way and adjacent properties C. Conditions for permitted uses: with an opaque wall or fence to 1. All activities, sales and storage of a height of six(6)feet. goods must be conducted entirely (ii) The area of outdoor storage, within completely enclosed build- rigging and display area shall ings with permanent nonmoving out- .not exceed the enclosed retail side walls. display floor area,including re- 2. No outside sidewalk of parking lot tail display area office space,or storage (or) display of merchandise fifteen (15)percent of the total will be permitted. site area,whichever is less. (Ord. No. 10-72, § 2; Ord. No. 4-73; Ord. No. 3. No manufacturing or production of 10-73, § 7, 9-13-73; Ord.._No. 14-74; Ord. No. products for retail or wholesale will 14-76, § 1, 7-8-76; Ord. No. 22-82, §§ 6, 7, 9, • be permitted. 12-9-82; Ord. No. 9-87, § 1, 5-28-87; Ord. No. D. Building height regulations. No building or 17-90, §4, 6-28-90; Ord. No. 23-90, § 3, 6-28-90; structure shall exceed two (2) stories or twenty Ord. No. 27-99, § 5, 8-12-99; Ord. No. 03-2001, five(25)feet. §§ 1,2,2-8-01;Ord.No. 2006-06, § 1, 4-13-06) E. Building site area regulations: Sec. 45-32.1. CC Transitional commercial dis- 1. •Maximum lot coverage. Main and acces- trict. sory buildings shall cover no more than A. General description. This residential/corn- thirty-five (35) percent of the total lot mercial transitional district is to provide for the arm' . development of low-intensity business offices and 2. Reserved. Supp.No.32 2500