2019-08-22_Presentation_Special Permit for Similar Use_Fazlul & Zarna Investment LLCVillage of North Palm Beach
Community Development
Similar Use Request
Fazul & Zarna Investment
9269 Prosperity Farms Road
August 22, 2019
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 proposed business is located in the same shopping
center as the Village Grocery Store and a personal
training business (Fit2Go)
• The property is located in the CC Transitional
Commercial Zoning District.
9269 Prosperity Farms Road
9269 Prosperity Farms Road_
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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. "
CC Transition Zoning District
Per Section 45-32.1 (a), the intent of the CC Transitional
Zoning District is, "to provide for the development of low
intensity business offices and other complementa[y uses.
The CC district shall serve as a transition between
residential areas and intense commercial development."
Permitted Uses in CC Include:
Financial Institutions, Professional offices, Florists,
Clothing stores, Stationary stores, Photo studios/camera
shops, Sporting goods stores, gift shops, candy shops,
seamstress/tailor shop, barber shops, hair salons, nail
salons, instructional dance/music studios.
CC Transition Zoning District
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
• Energy drinks.
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NPB Concerns
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. "
Previous Request
North Palm Beach staff and Village Council had similar
concerns about a similar use that was proposed at 9080
Alternate AM 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".
Parking Concerns
Staff also has concerns that the proposed use will result in
parking issues at the existing shopping plaza.
Staff calculates that 31 parking spaces will be required for
the center by code. However, the site only provides 17
spaces.
If the Village Council does approve the use, Staff
recommends that the applicant be required to provide a
parking demand analysis that shows that number of
existing spaces meet demand of the proposed and existing
tenants at all times of the day.
CC Transition Zoning District
The permitted uses in the CC District are generally low
intensity, essential services that serve and complement the
adjacent residential communities in the Prosperity Farms
Corridor.
Staff does not believe the proposed use is a
complementa[y use for a primarily single family area, that
also comprises a day care, community park, and places of
worship.
Staff recommends denial of the proposed Similar Use.
CC Transition Zoning District
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:
Size- Staff has no concerns about the size of the proposed use.
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.
Density- The proposed use is not residential, therefore density is not applicable.
Operating Hours- Staff has no concerns about hours of operation.
Demands for Public Facilities- Staff has concerns about the need for additional policing
of the site.
Traffic Impacts- The applicant states the projected
customer traffic will be 75 persons per day.
Business Practices- Staff has concerns with the type of products being sold
CC Transition Zoning District
If the Village Council does vote to approve the similar use,
staff suggests the following conditions:
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.
Thank You!
Community Development Department
Planning & Zoning Division
420 U.S. Highway 1, STE 21
North Palm Beach, FL 33408