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2019-08-22 Motion_Special Permit for Similar Use - Fazlul & Zarna Investment LLCZ:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 2 II. SUMMARY The Applicant is requesting a Similar Use determination that a tobacco pipe smoke shop with accessory beer and wine sales is a similar use to a gift, candy, or stationary store. The location of the proposed similar use request is within the Village Grocery shopping center, which is located in the CC Transitional Commercial Zoning District. The Village Grocery shopping center is located in the center of an area zoned R1 Single-Family Dwelling. This parcel was annexed into the Village in 1996 via Ordinance 33-96. This multi-tenant plaza currently has a grocery store (Village Grocery) and personal training business (Fit2Go). The proposed business will take the place of a recently closed consignment shop, which is located in the middle bay of the building. The Applicant has submitted a request for a Similar Use determination for both the tobacco pipe smoke shop and the accessory beer and wine sales use. III. SIMILAR USE PROCESS Per Section 45-16.1 (a), a Similar Use, is “a use within a commercial zoning district not specifically listed as a permitted use, but possessing characteristics similar to a permitted use”. Regarding the similar use process, “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.” IV. STAFF REVIEW Staff has reviewed the attached application for compliance based on the guidelines set forth in Section 45- 16.1 of the Village Code and has determined that the use is not appropriate for this location or this zoning district. Section 45-32.1 (a) states that the intent of the CC Transitional Commercial 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.” The permitted uses listed in the CC District are as follows: 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. Barber shops 12. Hair salons 13. Nail salons 14. Instructional dance/music studios The permitted uses in the CC District are generally low-intensity, essential services that serve and complement adjacent residential communities. The proposed site directly abuts two single-family homes and is located within an area that is primarily comprised of single-family homes. Other nearby uses include: the Academy of North Palm Beach Daycare, First Unitarian Universalist Church, and multi-family residential along Hummingbird Way. Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 3 The permitted uses in the CC District are generally low-intensity, essential services that serve and complement adjacent residential communities. The proposed site directly abuts two single-family homes and is located within an area that is primarily comprised of single-family homes. Other nearby uses include: the Academy of North Palm Beach Daycare, First Unitarian Universalist Church, and multi-family residential along Hummingbird Way. The Applicant has provided staff with a list of items that will be sold at the proposed business. These include, but are not limited to: Tobacco pipe, cigarette tubes, top rolling machine, Craft beer/cigars, Vapor products, CBD products, E-Cigarette/Liquid, Juul, craft beer, cigars, vitamins/over the counter medicine, and energy drinks. Both Planning Staff and the North Palm Beach Police Department have concerns about the sale of some of these products. Per Captain Angela Dallesandro of the NPB PD, “The Police Department is concerned with the application for Prosperity Tobacco Store’s selection of 9269 Prosperity Farms Road. We request a close examination of the impact on safety for the surrounding community. This is due to the close proximity of a school, several high school bus stops, places of sober living and a local community church that regularly hosts organizations that provide treatment for people in recovery. We believe that this area exposes this vulnerable population to potentially dangerous risk.” North Palm Beach staff and Village Council had similar concerns about a similar use that was proposed at 9080 Alternate A1A in 2012. An Applicant sought to open a tobacco shop within the CC Zoning District. The Village Council approved the use, but expressly prohibited: The sale of any type of artificial or natural spices or herbs and the sale of any type of item designed or intended for use as drug paraphernalia or similar types of items affiliated with a “head shop”. In addition to concerns about compatibility with the adjacent neighborhood, the proposed smoke shop with accessory beer and wine sales use is more intense than existing uses within the CC Transitional Commercial Zoning District as it is a use that would add additional customer trips and create additional parking demand. The current tenant mix of the commercial plaza includes a grocery store, a personal trainer business, and the vacant consignment space. In accordance with section 45-31, parking for the grocery and tobacco store would be calculated at 1/200 sq. ft. (including the accessory beer and wine sales, provided the consumption is off-premises), and parking for the personal trainer would be calculated at 1/3 guests based on maximum occupancy of the space. If the total area of the building is 3,936 sq. ft. and the parking calculations for the personal trainer are calculated for 75% of the space, Staff projects a total of 31 parking spaces will be required for all of the tenants (1290sq. ft. for the grocery—7 spaces, 1800 sq. ft. for the tobacco pipe store—9 spaces, and 846 sq. ft. for the personal trainer—15 spaces). The site currently has 17 parking spaces, which is well below the parking required within the zoning code. Finally, the current zoning district is very specific to the types of low-intensity neighborhood uses that are permitted. Staff has determined that a tobacco pipe store is not similar to a gift, candy, or stationary store such as a Hallmark or an Edible Arrangements Store. The uses are so different, in fact that a tobacco pipe store is specifically permitted in the CB Zoning District as listed within section 45-31.1. In the CB district, a cigar/tobacco shop is permitted, along with a “personal gift shop”, a “candy shop, retail”, and stationery stores, bookstores, and/or art supply shops”. Since tobacco shops are specifically listed as a permitted use in the CB District and not in the CC District, Staff presumes that the Village Council did not intend to allow tobacco shops in the CC District. Municipal zoning codes commonly provide that if a use is included in the list of permitted uses in any zoning district, it is prohibited in any district in which it is not listed. The current Future Land Use (FLU) and current Zoning designations for the property are summarized in the table below. Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 4 Future Land Use (FLU) Designation Zoning Designation Commercial CC Transitional Commercial The following table summarizes the uses, FLU designations, and zoning districts of the subject parcels and surrounding properties: Existing Use FLU Zoning North Honey Road N/A N/A East Prosperity Farms Road N/A N/A South Residential Low Density Residential R-1 Single-Family Dwelling District West Residential Low Density Residential R-1 Single-Family Dwelling District V. CRITERIA AND FINDINGS FOR SIMILAR USE 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. The applicant’s response to the criteria is located in Attachment A of this staff report. As per code section 45-16.1, 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 following characteristics of the proposed use including, but not limited to: 1. Size- Staff has no concerns about the size of the proposed use. 2. Intensity- Staff has concerns about the parking demand that will be added to a site with limited parking; as well as potential loitering and criminal elements that would be attracted to the proposed use, which is located in the middle of a single-family zoning district and is also located near a daycare. 3. Density- The proposed use is not residential, therefore density is not applicable. 4. Operating Hours- Staff has no concerns about hours of operation. 5. Demands for Public Facilities- Staff has concerns about the need for additional policing of the site. 6. Traffic Impacts- The applicant states the projected customer traffic will be 75 persons per day. 7. Business Practices- The applicant states the use is no different than a gift, candy, or stationary store. Both the tobacco and accessory beer and wine sales will require a license from the state (Division of Alcoholic Beverages and Tobacco). In consultation with the Village Police Department, safety is also a concern. The Police Department requests a close examination of the impact on Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 5 safety for the surrounding community. This is due to the close proximity of a school, several high school bus stops, places of sober living, and a local community church that regularly hosts organizations that provide treatment for people in recovery. The Police Department further believes that this area exposes this vulnerable population to potentially dangerous risk. VI. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Village’s Comprehensive Plan addresses the land use at this location to be Commercial. Special Policy 5.16 states, “The 0.43 acre lot located at the southwest corner of Prosperity Farms Road and Honey Road (Map 5 of the Future Land Use Map Atlas) shall be assigned a Commercial Future Land Use Map designation in order to support its current use. The current use may be maintained consistent with the provisions of Sections 45-63 (non-conforming uses) and 45-64 (non-conforming structures) of the Village Code; however, any future change in use shall be consistent with those uses permitted in the CC-Transitional Commercial District.” VII. CONCLUSION & FINDING OF FACT It is Staff’s analysis that the use proposed—a tobacco pipe store with accessory beer and wine sales—is not a similar use to a gift, candy, or stationary store. Should the Village Council determine that the tobacco pipe store use with accessory beer and wine sales is a similar use to a gift, candy, or stationary store in accordance with the uses permitted in the CC Transitional Commercial district, Staff requests the following conditions be included: 1. A Zoning Code text amendment or a Comprehensive Plan text amendment is to be initiated by either the Village or by the Applicant. Currently, the Comprehensive Plan states that “any future change in use [of this lot] shall be consistent with those uses permitted in the CC-Transitional Commercial District”. A tobacco pipe store or a cigar/tobacco shop is not currently permitted use in the CC zoning district. 2. Applicant is to submit an impact analysis regarding the safety for the surrounding community. The impact analysis should include first response demand projected. 3. Applicant shall submit a parking demand analysis that shows that the parking spaces provided meet the demand of the proposed and existing tenants at all times of day. 4. No business tax receipt or permit is to be issued until the above items 1-3 are submitted and approved. VIII. ATTACHMENTS A. Applicant’s Justification B. Applicant’s Supporting Documents C. Staff’s Supporting Documents D. Site Photographs Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 6 ATTACHMENT A: Applicant’s Justification Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 7 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 8 ATTACHMENT B: Applicant’s Supporting Documents Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 9 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 10 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 11 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 12 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 13 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 14 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 15 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 16 ATTACHMENT C: Staff’s Supporting Documents Adjacent Properties Subject Parcel Daycare Park Place of Worship Village Limits R1 - Single Family Dwelling Zoning R2 - Multiple Family Dwelling Zoning R3 - Apartment Dwelling Zoning CC - Transitional Commercial Zoning P – Public Zoning C2 – Automotive Commercial Zoning 17 Adjacent Properties Subject Parcel - 9269 Prosperity Farms Rd. Daycare Park Place of Worship Village Limits 18 Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 19 ATTACHMENT D: Site Photographs Looking northwest on Prosperity Farms Road. Looking west on Prosperity Farms Road. Looking southwest on Prosperity Farms Road. Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 20 Looking south on Honey Road. Looking southeast on Honey Road. Context: looking north on Prosperity Farms Road. Z:\PLANNING AND ZONING DIVISION\Projects\9267-9269 Prosperity Farms Rd Village Market\Conditional Use 2019-1139\VC Staff Report.docx 21 Context: Looking west on Honey Road Context: Looking south on Prosperity Farms Road.