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.
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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.
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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)
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Detail by Entity Name
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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)
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LOCATION MAP
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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
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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