09-24-2015_WS Special Use Permit - Florida Freedivers LLCVILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
FROM: James P. Kelly, Village Manage 1
DATE: September 24, 2015
SUBJECT: WORKSHOP— 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 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 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 includes the following types of 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.
There is no fiscal impact.
Contact person: Chuck Huff, Community Development
Recommendation:
Village Administration seeks Council discussion, input and guidance on the attached
application for Issuance of Special Use Permit for Similar Uses within C -1 Neighborhood
Commercial Zoning District in accordance with Village Policies and Procedures.
BTR#
Village of North Palm Beach
Department of Community Development
SIMILAR USE REQUEST APPLICATION
DATE RECEIVED: (`�� ZONING DISTRICT: C -1, Neighborhood Commercial
Contact Name: Ryan Johnston / Johnston Group Development Name: Florida Freedivers LLC
Address: 5090 PGA Boulevard Suite 212 Address: 905 US Highway One, Suite A
City /State /Zip: City /State /Zip:
Palm Beach Gardens FL 33418 Lake Park FL 33403
Phone: 561 691 -4552 Phone: 561 848 -0678
Fax: 561 691 -4553 Fax:
Email Address: ryan @johnstongroupinc.com Email Address: jonathan @floridafreedivers.com
Summary of Similar Use Request:
_ This request is for the a rroval of instructional classrooms and a traioing pool at the probe- located at 633 Northlake -----
Boulevard which Florida Freedivers, LLC is under contract to purchase. These uses are an intergral _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. _
o Completed Business Tax Receipt A lication (BTR) included
By signing, I have read and understand the conditions set forth in Ordinance 2007 -16 of the Villages Code Ordinances. I also
authorize the Village of North Palm Beach Community Development staff, Fire Department, Public Safety and Public Works
Department (if applicable) to enter the property for inspection on site.
Applicant 9/15/2015 Owner 9/15/2015 _
Date Date
Print Name Ryan Johnston Print Name Jonathan Dickinson
Department Date 7Approved Not Approved Comments
e (Signature)
Planning
Building
Fire
Public Safety
Public Works
Village Council
Please submit application to: 420 U.S. Highway One, Suite 21
North Palm Beach, FL 33408
Phone: (561) 841 -3365
Fax: (561) 841-8242
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)
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JOHNSTON GROUP
D E V E L o P M E Li ,r
FLORIDA FREEDIVERS
633 Northiake Boulevard
COUNCIL WORKSHOP PROJECT NARRATIVE
September 14, 2015
ABOUT FLORIDA FREEDIVERS
Florida Freedivers (www.flfreedivers.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 33415. 561.6411.4552 P • 561.691.4553 F
WWW.J0E- IN51- 0NGRO UPI NC.COIV1
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 neighborto the surrounding properties.
NORTH LAKE (TIDAL)
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SITE DATA:
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EXISTING LAND USE: COMMERCIAL
TOTAL LOT AREA: 0.63 ACRES (27,241 S.F.)
TOTAL GROSS FLOOR AREA: 6,456 S.F.
PARKING REQUIRED: 25 SPACES (SEE CHART BELOM
PARKING PROVIDED: 25 SPACES
HANDICAP PARKING REQ'D.: 1 SPACE
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REAR (NORTH): 20'
SIDE -CORNER (LAKE CNQ: 20.5
SIDE (EAST): 0.0'
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SITE DATA:
EXISTING ZONING: C -1; NEIL SMOOD COMMERCIAL DISTRICT
EXISTING LAND USE: COMMERCIAL
TOTAL LOT AREA: 0.63 ACRES (27,241 S.F.)
TOTAL GROSS FLOOR AREA: 6,456 S.F.
PARKING REQUIRED: 25 SPACES (SEE CHART BELOM
PARKING PROVIDED: 25 SPACES
HANDICAP PARKING REQ'D.: 1 SPACE
HANDICAP PARKING PROVIDED: 1 SPAM
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IMPERVIOUS AREA: XXX
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BLDING
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FRONT(NORTHLAKE BLVD.: 49.9'
REAR (NORTH): 20'
SIDE -CORNER (LAKE CNQ: 20.5
SIDE (EAST): 0.0'
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