10-08-2015_Public Hearing and Motion - Special Permit for Similar Use - Village Produce MarketTO:
FROM:
DATE:
VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
Honorable Mayor and Council
Village Manager t-
James P. Kelly,
October 8, 2015
SUBJECT: MOTION — Issuance of Special Use Permit for Establishment of a Similar Use
within the CC Transitional Commercial Zoning District (Village Produce Market)
The Village Administration received a request for a Special Permit for a Similar Use from
Luis Ortiz Andrade seeking approval to operate an indoor retail produce market located in the same
plaza as the Village Grocer convenience store at 9269 Prosperity Farms Road, North Palm Beach.
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 similar to a candy shop, gift shop and
florist, which are permitted by right within the CC Transitional Commercial Zoning District, and is
therefore no more intense than existing uses within the 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.
Upon Village Council approval of the Similar Use Permit, the applicant will be required to obtain
approval by the Florida Department of Business and Professional Regulation, Division of Hotels
and Restaurants and /or the Florida Department of Agriculture, Division of Fruits and Vegetables,
and obtain a Village Business Tax Receipt for the indoor retail produce market. Additionally, no
outdoor display of merchandise shall be permitted.
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
an indoor produce market within the CC Transitional Neighborhood Commercial Zoning
District in accordance with Village Policies and Procedures.
VILLAGE OF NORTH PALM BEACH
ORDER ON APPLICATION FOR SPECIAL USE PERMIT
Applicant: Village Produce Market
Location: 9267 Prosperity Farms Road Parcel ( "Premises ")
Legal Description: 68- 43- 42- 17 -03- 000 -0300
Lot 30, Kelsey Acres (Less TRGLE PAR Prosperity Farms Road R/W
Zoning District: CC Transitional Commercial District
Request: Special Use Permit for a Similar Use to operate an indoor retail produce market
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
CC Transitional Commercial Zoning District.
Based on the foregoing, it is hereby ORDERED by the Village Council that that
application for Special Permit is hereby GRANTED subject to the following conditions:
1. Applicant must obtain approval from the Florida Department of Business and
Professional Regulation, Division of Hotels and Restaurants, and /or the Florida
Department of Agriculture, Division of Fruits and Vegetables.
2. Applicant shall secure and maintain, at all times a valid Business Tax Receipt
issued by the Village of North Palm Beach.
3. Not outdoor display of merchandise shall be permitted (indoor only).
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 October, 2015.
VILLAGE OF NORTH PALM BEACH
IN
ATTEST:
Melissa Teal, Village Clerk
Robert A. Gebbia, Mayor
J
Zoning Similar Uses
Issuance of a Special Permit
Council Request Form
Date Submitted: September 23, 2016
Submitting Official: Jodi Nentwick, Village Planner
Subject: Village Produce Market
Location: 9267 Prosperity Farms Road
Request: Village Produce has applied for a "Special Use Permit" to operate an
indoor retail produce market; similar to the permitted uses the CC-
Transitional such as a candy shop, gift shop or florist
Zoning District CC- Transitional Commercial 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.
Staff Recommendation:
1. Must obtain approval by Florida Department of Agriculture and Division
Hotel and Restaurant.
2. No outdoor display of merchandise, indoor only
/zllf,laz W4&
Community Develop t Director
ZSUISP 1/2008
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Page 1 of 1
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Apo Gard R 1V Q l 1s ;A H+illsted Exel'nption
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Location Address 9267 PROSPERITY FARMS RD j
Municipality NORTH PALM BEACH
Parcel Control Number 68- 43- 42- 17 -03- 000 -0300
Subdivision KELSEY ACRES IN
Official Records Book 18054 Page 1593
Sale Date JAN -2005
Legal Description KELSEY ACRES LT 30 (LESS TRGLE PAR PROSPERITY FARMS RD R/M
— - -- Owners — Mailing address
NASSER DIANA 9271 PROSPERITY FARMS RD
NASSER THARWAT & -- LAKE PARK FL 33403 1457 -
Sales Date Price — OR Book /Page Sale Type Owner
JAN -2005 $755,000 18054 / 1593 WARRANTY DEED NASSER THARWAT &
JUN -1997 $220,000 09843 /1338 WARRANTY DEED
DEC-1994 $100 08569/ 1155 WARRANTY DEED
No Exemption Information Available.
Number of Units 0 *Total Square Feet 3936 Acres 0.4290
Use Code 1 100 - STORES Zoning SE /3 - (68 -NORTH PALM BEACH)
—
i
Tax Year 2015 P �- - - - - -- 2014 —_ —_ -_- 2013 - -_ --
Improvement Value $175,995 $163,205 $151,129
Land Value $234,547 $234,500 $223,334
Total Market Value $410,542 — $397,705 - - - - -- $374,463
-
P= All values are as of January 1 st each year
Preliminary
-- -2014 --- - - -_ -- -- - - - - -�
Tax Year 2015 P - - -
2013
Assessed Value $410,542 $397,705 $374,463
Exemption Amount $0 $0 $0
Taxable Value $410,542 $397,705 $374,463
— - -- - - - - - -- ... -- - .... - - -- -- -- ------------- - ----I
1
Tax Year 2015 P 2014 2013
Ad Valorem $9,084 $8,777 $8,1151
Non Ad Valorem $1,994 $2,118 $2,126
Total tax $11,078 $10,895 $10,241
,
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Village of North Palm Beach
Department of Community Development
SIMILAR USE REQUEST APPLICATION
DATE RECEIVED: V°
BTR #
ZONING DISTRICT: 0 G.
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Summary of Request:
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o Completed Business Tax Receipt Application (BTR) included
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By signing, I have read and understand the conditions 1 • 1 2007-16 of 11 Ordinances. I also
authorize the Village of North Palm Beach Community Development staff, Fire Dtepartment, Public Safety and Public Works
Department (if applie le) to enter the property for inspection on site.
Applicant Owner t„
1.
Name
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Please submit application to: 501 U.S. Highway One
North Palm Beach, FL 33408
Phone: (561) 841 -3365
Fax: (561) 841 -8242
THE VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT BTR #:
420 U.S. HWY 1 • SUITE 21 • NORTH PALM BEACH, FLORIDA 33408
�$ PHONE 561.841.3365 • FAX 561.841.8242 • WWW.VILLAGE- NPB.ORG
BUSINESS TAX RECEIPT APPLICATION
❑ NEW 0o CHANGE OF ADDRESS Oo CHANGE OF NAME On CHANGE OF OWNERSHIP 00 NEW PROFESSIONAL
APPROVAL OF APPLICATION REQUIRES A MINIMUM OF FIVE (5) BUSINESS DAYS
Business Name: 11 j I ICt di -e t�, (c^ K e —e Individual Name:
Primary Address: 12.67 f
Phone Number:
Fax Number:
Mailing Address: _
E -Mail Address: a wA �& a v 111 tl Q b(a; ( J ' -, Website Address:
Federal ID# or Social Security Number (Requireco:
Start of Business Date in North Palm Beach: _,Q 4:," - ( . L$"
Cell Number: -"I ?q9 '?!:S—_i
Type of Business (Please be specific. Narrative of Business on reverse side is also required):
Number of Employees: ef> Square Footage of Occupancy: 1194-1 Previous Use /Occupancy: _('
Are there any renovations required and/or planned in order to occupy the proposed space? Oo Yes oX No
Do you store hazardous materials or flammable materials? 130 Yes i3A No
State License Professionals
Name Profession License Number /Attach copy of license)
Emergency Contacts (After hours contact information, commercial businesses only)
Name Address Telephone Number
2. .
Specialty License Information of 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: S 1,1 y,L'`v� e Taxi/Transportation: No of Vehicles:
Adult Entertainment (THIS SECTION MUST BE COMPLETED BY ALL APPLICANTS!)
Does the proposed business usage constitute an adult dancing establishment as defined in the Palm Beach County Adult Entertainment Code? ❑ Yes ras'No
Does the proposed business usage constitute an adult theatre as defined in the Palm Beach County Adult Entertainment Code? ❑ Yes 0td'No
Does the proposed business usage constitute an adult bookstore /video store as defined in the Palm Beach County Adult Entertainment Code? oOYes u(No
Does the proposed business usage constitute an adult activity that would require an adult entertainment license in accordance with the Palm Beach County
Adult Entertainment Code? ciOYes rm/No
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.
I certify that I have read this application and that the statements contained herein and on Page 2 (including the Narrative of Business) are true
and correct to the best of my knowledge. I understand that the notarization of my signature on Page 2 applies to the entire application. I also
acknowledge that a renewal notice from the Village of North Palm Beach will be sent as a courtesy but is not required. Failure to pay the
renewal prior to September 301" of each year will result in late penalties as prescribed in the Village Code of Ordinances and Florida
Statute 205 wheth o not a renewal notice was received.
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SiQnoluro TiVe
Printed Nome
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ANNE M. G AN N O_N Sec. 17-17 of PBC Ordinance No, 72 -7.
COLLECTOR No business tax receipt shall be issued until applicable county and
CONSTITUTIONAL TAX C
' Serving Palm Bench O LLECy state laws are complied with including, but not limited to, building,
zoning; construction industry licensing, fire control and health.
Serving you. www.pbctax,com
#1 BUSINESS INFORMATION (To be completed by applicant): * *Instructions & checklist on reverse side* *
Check Applicable Box: W1ewBusiness ❑ Transfer ofAddress ❑ Transfer ofOwnership ❑ Business Name Change
❑ Other
Existing PBC LBTR # (if applicable):
Corporation /Business Name:
Fictitious /DBA/Trade Name:
requires registration of a fictitious name,
application.
Owner /Applicant Name: : -
Federal Employer ID #: * *OR ** Social Security #:
Business Address: 7 h�-aS I j its ter. City: X41 . _ State: ZIP: INe
Applicant /Business Start Date at Location: ,- (ia". Ls-:- Business Phone Number: 7{ 225'!/
Mailing Address (if different above):g City: State: ZIP:
E -Mail address:
Tall!,
Nature of Business: -Pry h 1 '*'*OR ** Profession:
(Landscaper, Cleaning Service, etc.) (Doctor, Lawyer, etc.)
Maximum Number of: Employees: �_ Machines: D Rooms: a Restaurant seating: 0
Were you issued a Notice of Non - Compliance? Yes i No
1 certify, under penalty of I w that the above information is true and correct, and I understand that any false statements could resultinpenalties as provided bylaw.
Signature• � Title:
(Agent, Owner, Rep.)
#2: PLEASE NOTE: ZONING APPROVAL MUST BE COMPLETED PRIOR TO APPLICATION SUBMITTAL **See reverse'side for details on zoning **
Municipal /City Zoning Approval:
Additional Fees MayApply
Unincorporated Zoning Approval /PlanningZoning & Building Approval:
PCN: ePZB Application Number:
Control Number:
Resolution Number:,
Title:
Title:
Date:
PZ &B - Check box if approval from department is required*** Regulator Signature required on line, when approval has been granted***
Q Zoning (U No.) Q Fire Marshall
Q Compliance Q Health Department
Q Building Q Hotel & Restaurant
Q NAICS Code Q Prior Use of Bay /Bldg.
Q Other 0 Cnty Home Based Affidavit
FOR TCO OFFICE USE ONLY
LBTR# /Account #: State /County License Cert #:
CSS / SCSS: Date: Field Service Approval:
NAICS Code TOTAL FEE DUE: $ Receipt #:
Revised 7.11 -2013 Page 2
9/25/2015
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VILLAGE PRODUCE MARKET
Filing Information
Registration Number G15000098260
Status ACTIVE
Filed Date 09/24/2015
Expiration Date 12/31/2020
Current Owners 1
County MULTIPLE
Total Pages 1
Events Filed NONE
FEI►EIN Number NONE
Mailing Address
9267 PROSPERITY FARM
NORTH PALM BEACH, FL 33403
Owner Information
NAJJAR, SAMIR
5560 CYPRESS TREE CT
PALM BEACH GARDEN, FL 33418
FEI /EIN Number: NONE
Document Number: NONE
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9/30/2015
Sec. 45 -16,1. - Similar uses.
North Palm Beach, FL Code of Ordinances
(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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9/30/2015
North Palm Beach, FL Code of Ordinances
Sec. 45 -32.1. - CC Transitional commercial district.
A. General description. This residential /commercial transitional district is to provide for the
development of low- intensity business offices and other complementary uses. The CC district shall
serve as a transition between residential areas and intense commercial development.
B. Uses permitted. The following uses are permitted in the CC transitional commercial district:
1. Financial institutions
2. Professional offices
3. Florists
4. Clothing stores
5. Stationary [stationery] stores
6. Photo studios /camera shops
7. Sporting goods stores
8. Gift shops
9. Candy shops
10. Seamstress /tailor shop
11. Barbershops
12. Hair salons
13. Nail salons
14. Instructional dance /music studios
C. Conditions for permitted uses:
1. All activities, sales and storage of goods must be conducted entirely within completely
enclosed buildings with permanent nonmoving outside walls.
2. No outside sidewalk of parking lot storage (or) display of merchandise will be permitted.
3. No manufacturing or production of products for retail or wholesale will be permitted.
D. Buildingheight regulations. No building or structure shall exceed two (2) stories or twenty five (25)
feet.
E. Buildingsite area regulations:
1. Maximum lot coverage. Main and accessory buildings shall cover no more than thirty -five (35)
percent of the total lot area.
2. Reserved.
F. Yards.
1. Front yards. All buildings shall be constructed from the Alternate A-1 -A or Prosperity Farms
Road right -of -way to provide a front yard of not less than thirty (30) feet. All buildings shall be
set back from the right -of -way of streets which intersect with Alternate A -1 -A or Prosperity
Farms Road providing a yard of not less than twenty -five (25) feet.
2. Side yards. All buildings shall be set back from side lot lines so as to provide side yards of not
less than fifteen (15) feet.
3. Rear yards. All buildings shall be set back from rear lot lines so as to provide a rear yard of not
less than fifteen (15) feet.
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9/30/2015
North Palm Beach, FL Code of Ordinances
G. Off- street parking regulations. Off - street parking shall be provided the same as forth e CA
commercial district.
H. Off- street parking layout, construction and maintenance shall be the same as for the CA commercial
district.
(Ord. No. 31 -97, § 1(Exhibit A), 7- 10 -97; Ord. No. 23 -99, § 1, 6- 10 -99; Ord. No. 15 -2000, § 1, 5- 25 -00)
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