HomeMy WebLinkAboutDocumentation_Regular_Tab 14_11/08/2012 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #: NA
November 8, 2012
Consent Agenda: No Resolution #:
Originating Department: Community Development
AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
SE 02-12: Application of Cinde Topper, Topper Fitness & Health, LLC, for a Special Exception Use
pursuant to Section 78-180. MU District (i) (14) Special Exception Uses, of the Village of Tequesta Code of
Ordinances. The Applicant is requesting Special Exception Use (personal services) approval for an existing
4,200 square foot building in the Mixed-Use Zoning District. The subject property is located at 130 N. US Hwy.
1, Tequesta, FL 33469.
BUDGET / FINANCIAL IMPACT:
Account #: N/A Amount of this item:
Gurrent Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
�fE�UT�1/E SU �
Application of Cinde Topper, Topper Fitness & Health, LLC, for a Special Exception Use (personal services)
approval to open a health studio in an existing 4,200 square foot building in the Mixed-Use Zoning District.
The M-U District allows as a permitted use Personal Services to a maximum 3,500 square feet of gross
leasable area. Personal Services in excess of 3,500 square feet require Special Exception Use approval. - fhe
subject property is located at 130 N. US Hwy. 1, Tequesta, FL 33469.
� �i�: "
Departme Head
Finance Director •
Reviewed for Financial Sufficiency ❑
No Finan cial Im ■
Attorney: (for legal sufficiency)
Village IWfanager: �
Submit for Council Discussion:
Approve Item: ❑
Deny Item: �
SPECIAL INSTRtJCTIONS FOR CLERK; (if you wish to have agreements signec�, be sure ta include the
numb of copie you wa signed and place "Sign Here" stic ker on them
'"� ' VILLa4GE OF TEQUESTA
�
'� DEPAR7MENT OF COMMUNITY DEi/ELOPMENT
• ,,,,; -�� Sfcaff Reporf — Village Council Meeting —11.08.12
1. PE71TIOf1! DESCRIPTIOi�
APPLICANT: Cinde Topper
Topper Fitness and Health, LLC
REQUEST: The applicant is requesting a Special Exception Use approval for an existing 4,200 Sq. Ft.
Building in the Mixed-Use Zoning District pursuant to Sec. 78-180 MU District (i) (14) of the
Village of Tequesta Code of Ordinances.
LOCATION: 130 N US Hwy. 1
Tequesta Fashion Mall, Outparcel
Tequesta, FL 33469
�. �.Aft�D d.DSE e�aft�D ZOfVYRl�
E)(ISTING LAfVD USE FUTURE LAiVD USE ZOfVIf�G
• SU�JECY PROPERIV Mixe� lDse fViiued Use flliU-fl�ixed Use
f�oa�h
Si. Jude Church Mixed Use Mixed Use MU-Mixed Use
South
12Q r�. �J.S. Hvvy. 1 Rllir.e� Use M„�e�i lJse MEJ-�nixe� Use
I I
East i I
US Htivy� !�e. 1 I �omrner�ial �emmerciai G2 Ccmmercia!
Tequesta Sh�p�es
West Mixed Use N9ixed Use MU-Mixed Use
Teqtaesta Oa�s - �
�
Multi F�rnily Residential i
3. STAF� ,�,�a,4LYyl5
Section 78-361 of the Village Code states that certain uses because their unique characteristics cannot be
classified or regulated in a particular zoning district without consideration in each case of the impact of such
uses upon neighboring uses and the surrounding area, compared Uiith the public need for them at particular
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Department of Community Development - Staff Report —Special Exception Application — Topper Fitness and Health, LLC
locations. Such uses and features are treated as special exceptions, and the application needs to comply with a
set of criteria and standards.
CRITERIA FOR GRANTING SPECIAL EXCEPTION
• Per Section 78-362 of Village Code, special exception use shall be permitted only upon authorization of the
Village Council provided that such uses comply with the following requirements:
1. The proposed use is a permitted special exception use.
In compliance with Section 78-180 (iJ (14J Special Exception Uses permitted in the Mixed Use zoning district
of the Villaqe of Tequesta Code of Ordinances. "Permitted uses under subsections (hJ (4J, (5J, (6J, &7J and (8J
of this section in excess of 3,500 square feet (larqe scale retail sales and serviceJ which are in conformity with
the intent and integrity of the district." The proposed use, persona/ services, is a permitted use in the mixed-
use district to a maximum 3,500 square feet of qross leasabJe area for each tenant area or individual/y
owned unit Please see attached proposed health studio lay-out.
2. The use is so designated, located and proposed to be operated so that the public health, safety, uvelfare
and morals wiill be protected.
The new tenant is a fitness club specializing in personal training, small group classes, and limited
membership gym.
In compliance. The proposed use "Topper Fitness and Health" wil! be located in an existing outparcel
building of the Tequesta Fashion Mall shopping plaza. The proposed use is compatible with the character of
the surrounding area, and will not impose a threat to the public health, safecy, welfare and morals.
3. Yhe use �vill not cause substantial injury to the value of other property in the neighborhood where it is to
be located.
This location was previously used as a dance studio, and its design wi/l not change.
� In compliance. The proposed use �n�il/ not cause injury to the value of other property in the neighborhood
where it is to be located as no change in use (persona! servicesJ nor outside design change is requested.
4. The use will be compatible with adjoining development and the proposed charactQr of th� district uvher�
et is to b� located.
fn com lip ance. The personal services use is cornpatitrle with adjoining development and tf�e character of the
district where it is located. Also {ocated within. the shopping cenr�r are a ynga si�udia, rnassuge therapy
studia, Tcae Kwando studio rrnd a diabetes educarion an� supply store,
5. Adequate fandscaping and screening is provided as required in this e:hapte�.
!n com lu iance. The subject �roperty is locafed in an Pxisting Shop�aing Plaza outparcel thafi cumplies wi�h thls
provision. Also, the proposed use does nat add or modify the exisiinq sguare footage of the facility.
6. �adeqaaate off-street parkin� and lo�ding 6s provided and in�ress arad egress is so designed as fio ca�s�
minioveur� in�:erference u�ifih traffi� on abutting stree�ts.
In comaliance. The c�pplicati�r� does not involve incre�sing square foatage; req�!;red parkirrg and loading and
ingress a.�d egress are pr�ovi�a�d in an existing Si;v�ping Plaza.
FINDINGS REQUIRED FOR A►PPROVAl.
Per Section 78-364 of Village Code, before any special exception is granted, the Village Council shall apply the
standards set forth in this division and shall determine that satisfactory provision and arrangement of the
following factors have been met with the applicant, where applicable:
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Department of Community Development - Staff Report — Special Exception Application — Topper Fitness and Health, LLC
1. Compliance with all elements of the Village Comprehensive Plan
• The subject property is located in the Mixed-Use future land use district. The proposed personal services use
complies with Policy 1.1.2 "the Village's Land Development Regulations shall conform to, and implement, the
use, density and intensity standards as outlined on Table FLU-1"
Table FLU-1 states small scale retail services, business services and professional services are considered part
of this district. The proposed use "personal services" meets this provision of the Comprehensive Plan.
2. Ingress and egress to property and proposed structures thereon with particular reference to automotive
and pedestrian safety and convenience, tra�c floenr and control, and access in case of �re or catastrophe.
The subject property is located in an existing Shopping Plaza outparcel, ingress and egress to the property
with particular reference to automotive and pedestrian safety, and access in case of �re or catastrophe are
factors that are met. The proposed use "personal services" meets this provision.
3. Off-street parking and loading area, e�rhere required, vuith particular attention to the items in subsection (2)
of this section.
The proposed use is located in an existing Shopping Plaza outparcel and the application does not involve
increasing square footage, required parkinq is provided. Also, since the proposed use is located in an existing
Shopping Plaza a loading area is provided. The proposed use meets this provision.
4. (Vuisance faetors detrimentai to adjacent and nearby properties and the village as a vuhole. Nuisance
factors shall include but necessarily be limited to noise, odor, smoke, glare, electrical interferer�ce and/or
mechanical vibrations.
The proposed use is compatible with the overall character of the Shoppinq Plaza. The proposed use will not be
detrimental to adjacent and nearby properties and the Village as a who/e.
• 5. Utilities, with reference to location, availability and compatibility.
Since the subject property is locat�d in an existing buildinq, utilities, with reference to location, availability
and compatibility requirements are met.
6. Screening and bufiFering, vrrith re�fierence, to type, dimensions and character.
The proposed use does not add or modify the existing squ�re footage of the jacility. 1'his standard is nc�t
applicable to this applica�ion.
�. General cornpatibil6'ty with adjac�nt properties and ��h�r property in the ¢listri�.
The proposed use is co�►�►patible wi�h the overall character of the Shopping Plaza and its surro;.rnding area.
The existing t�uildinq was approved and constructed in 2005, with previous use as a dance studio.
8. 1Nhether thn change suggested i� o�at of scale �nrith �he n�eds of the neighbo�0�ood or th� �/iBla��e.
The propos��i use is compatible orvith the neighborhood c�nd the Village cr� who4e.
�. N,ny specia� requiremen4s set a�ut 9n the s��ed�l� crf site regulati�ris in i'8-1�43 fer th� pa�ticular use
invalved.
The proposed use is located in an existing building in compliance with the regulations requirements
presented in 78-143. This application does not involve special requirements.
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Department of Community Development - Staff Report — Special Exception Application — Topper Fitness and Health, LLC
FINAL REfdiARKS
• This outparcel building received Site Plan approval by Council in 2005. No special exception use approval was
required since the 4,200 square foot building was proposed for three tenant spaces and not for a single
occupant.
This special exception use application met the requirements set on Section 78-368 notice of hearing. The notice
of hearing was advertised in the Palm Beach Post on 10/28/12; and, it was also mailed to all property owners
located within a 300-foot radius of the property for which a special exception is requested. Per Code Section 78-
367, a special exception shall commence within 12 months from approval date and only one extension shall be
permitted by the Village Council up to six months.
, � � ,% ,
This report was prepared by: .: _ ,. , : - .,_�.--:� .��-".- ` `_. , , __.,
Joanne Burnsed, Asst. Director of Community Development
';� �
Reviewed and approved by: �` � - � � '' �,� �,,t !�; -,� =�
,
_ � , :v.
, ..:_. ,
___ _ __-_- -. �
Nilsa Zacarias, AICP Director of Community Development
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Department of Community Development - Staff Report — Special Exception Application — Topper FitnesS and Health, LLC
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE I. - IN GENERAL
• 100-year storm means a shore incident hurricane or any other storm with accompanying wind, wave,
and storm surge intensity having a one percent chance of being equaled or exceeded in any given year,
during any 100-year interval.
On-site means located on the lot in question, except in the context of on-site detention, when the
term means within the boundaries of the development site as a whole.
Open space means that part of a lot, including courts or yards, which is open and unobstructed and
is available for entry and use from its Iowest level to the sky, and is available for entry and use by the
occupants of the buildings on the premises and may include space located and treated to enhance the
amenity of the development by providing landscaping and/or screening for the benefit of the occupants or
neighboring areas. Open space may include water surfaces that comprise not more than ten percent of
total open space; however, buffer areas, required setbacks or required parking shall not be computed as
required open space.
Open storage. See Storage, open.
Outbuilding means a separate building or accessory structure not physically connected to the
principal building.
Outdoor sale means the selling of any goods, material, merchandise, or vehicles, for more than 24
hours, in an area open to the sky and/or visible from adjacent properties or rights-of-way.
Outparcel means a tract of land of any size or dimension which is not included in a land development
pro�osal or site plan and is specifically indicated as such on the proposal or plan.
Parking lot means an off-street facility used for the storage or parking of motor vehicles to provide an
accessory service to a commercial, industrial, or residential use.
• Party wall means a wall used or adapted for joint service between two buildings or units.
Performance guarantee means a financial guarantee to ensure that all improvements, facilities, or
wark required by this crapter will be completed in compliance with this chapter, other regulations, and the
approved plans and specifications of a development.
Personaf sen�rces m�ans establishments primanl� engaged in providing seR�ices that involve the
£ r..are of a pers�n ar his appearance Such servic�s may include, but are nct necessarily limited to, beauty
parlors, shoFs or salons, barbershops, massaye parlors, or any simifar use that �iaes not invoive the sale
af «ny retail product.
Pier means a fiixed ar fiaatinc� struciure, on ar over submerged lands, which �s usad primarily far
fishing, swimming, or ��i���ring the waterv�ray. A pier shall not inciude a docfc.
Place of assembly means a building, portion of a building or other site in or at vrhich facilities are
prc+�ided for �ivic, fraternat, educational, political, �•eligious, cultural or social purposes. As set forth mere
fully ;n articl� Vi, schedule of distric± regulaiions, division 2, schedule of use regulations, places of
�s�embly are aenerally perrnissibie thrnughnut trie village purs�ant �o th� fioElow�rg ia�l�:
Places of Assembly T�ble
Use Buil�+ing R-1A R-1 R-2 R-3 C-1 C-� C-3 MU R/OP
�apacity Sq. Ft.
A Places of assembly �l/iax. 7S0 sq. ft. SE SE P P P' P P' P SE
B Places of assembly Max. 1,500 sq. ft. SE SE SE SE SE P F P SE
•
Tequesta, Florida, Code of Ordinances Page 19
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE VI. - SCHEDULE OF DISTRICT REGULATIONS
• DIVISIOIV 2. - SCHEDULE OF USE REGULATIONS
(h) Permitted uses. Permitled uses in the mixed-use distri�t are as follows:
(1) Single-family dwellings.
(2) Two-family dwellings.
(3) Multiple-family dwellings.
(4) Small-scale retail sales and service. A maximum 3,500 square feet of gross leasable area is
allowed for each tenant area or individually owned unit.
(5) Business services. A maximum 3,500 square feet of gross leasable area is allowed for each
tenant area or individually owned unit.
(6) Professional services. A maximum 3,500 square feet of gross leasable area is allowed for each
tenant area or individually owned unit.
� wz ����*��= (7) Personal services. A maximum 3,500 square feet of gross leasable area is allowed for each
tenant area or individually awned unit.
(8) Bakeries. A maximum 3,500 square feet of gross leasable area is allowed for each tenant area
or individually oevned unit.
(9) Recreation/open space.
(10) Places of assembly (1,500 square feet or less), subject to the following conditions:
� a. All presentations and events shall be conducted entirely within a building.
b. Allowed accessory uses are: preschool and school facilities, assembly halls, sanctuaries or
similar meeting rooms, community centers or fellowship halls, administrative offices related
to the facility, gift shops for rnerchandise related to the facility, playgrounds and athletic
fields, and recto�y or similar residence for religious offic�als or on-site �aretakers, !im�ted to
one dwelling unit.
�''~ Speciaf exception uses Special �xception uses in the mix�;d-use district are as follows
j �, ) Rastaurants (i�ic:fucli�y ca� r�out}.
(21 Public I�uildinys and fa�ilities
(3) Peserved.
(4) Places ot assembly (1,515 square feet or more), subjacT to the following cor,ditions:
a. �II preser,tatiors and eve�ts shall be conducted entirely with�n a building.
b. Atlawed accesscry uses �re: pre5cf�ool and school facilities, assembly halls, sanctuaries or
sim;IGr mesting rooms, community cer,ters or fellov��ship halls, a�+ministra�ive ^ffices related
to the facility, gift shop� for merch�ndise rel�ted fa the faciiity, playgre�anc�s and athlekic
fields, an� ;ectory or similar residen4e for religious affitiials or on-site c�retak�rs, limited to
one dwellin,� unit.
(5) Private schoolsi5choois of instruction.
(6) Bed and breakfast.
(7) Hotel.
(8) Adult congregats living facility (ACLF� subject to the provisions of (d)(4).
i
Tequesta, Florida, Code of Ordinances Page 25
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
ARTICLE VI. - SCHEDULE OF DISTRICT REGULATIONS
• DIVISION 2. - SCHEDULE OF USE REGULATIOIVS
(9) Gasoline service station (only fronting on U.S. Highway 1).
(10) Reserved.
(11) Railway station.
(12) Planned residential development (PRD). .
(13) Planned commercial development (PCD).
�` '� \' 7 and 81 of this s�ction in excess of 3,50d
, (14) Perniitted uses under subsections (h)(4), (5), (6), ( ) ( ' -
square feet (large scale retail sales and service) which are in conformity �vith the intenk and
integrity of the district
(15j Restaurants, fast food, subject to the following conditions:
a. Each drive-up window stacking lane must be clearly designed and marked so as not to
conflict or interfere with other vehicle or pedestrian traffic utilizing the site.
b. A bypass traffic lane shall be provided if a one-way traffic flow pattern is utilized in the
parking lot design.
c. All restaurants, fast food, shall be restricted to U.S. Highway 1 frontage.
d. A minimum 15-foot landscape buffier shali be provided at all public road rights-of-way, in
addition to the requirements set forth in article IX, division 4 of this chapter.
(16) Rehabilitation facilities, subject to the following conditions:
a. Rehabilitation facilities shall be prohibited from being located within a one half mile radius
• of another rehabilita±ion facility.
b. Ninety percent of the dwelling units shall have a minimum of 575 square feet. The
remaining ten percent of the dwelling units may h�ve a minimum of 500 square feet.
c. A maximum of 40 percent of the d�velling units shall be permitted to have two bedrooms. In
no case shall a dw�lling unit have more than two bedrooms. Two bedroom dwelling units
shall have a minimum of 750 squar� feet.
d. Occupant I��a fer individuals receiving .reatment sl��:il not exce�d the number of
bedrooms. Bearooms and studio dwreliiny units shafi be for single occupani;y on�y. O�erall
density for a rehabilitation facility shaii not exceed eight dwelling units per gross a�re.
e. b�velling units sh�li �+e r,onfigured as follaws:
1. Studio units, if provided, shall have a one combination bedroom/liv;r.g area/ kitchen,
and a private bathroom.
2. One-bedraom units, if prav;�ed, shali have c�nP pri��ate bedroom, ane private
bathroom, private living areas and a private kitchen.
3. Two-bed�c,om unifis, if pravided, shall hwv� tvr� private bedroar��s, two priv�te
bathroom�, commcn living aras and a common kitchen.
f. Dwelling units shall not have separate individual mailing addresses. Rather, the
rehabilitatinn f�cility shall maintain one master address which all residents shall reside
under during their stay at the rehabilitation facility.
g. REhabilitation facilities must be equipped with a controlled space, effectively screened from
p�blic view, for arrivals and departures of patients. This space shall be large enough to
• accommodate an ambulance for transporting patients in and out of the facility.
Tequesta, Florida, Code of Ordinances Page 26
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DEPARTMENT OF COMMUNITY DEVELOPMENT
345 Tequesta Drive, Tequesta, FL 33469
��� o Phone: 561-768-0450 Fax: 561-768-0698
� � Date: 11 � � f � ! I .� �
0
SPECY�L, EXCEPTIOtV' �PI,ICr�TI01�1
��to.��� �o:_ c� C U � ' 1 �
The undersigned requests a Special Exception for the Use Specified below. Should this application be approved, it
is understood that it shall only authorize that particular use described in this application a.nd any conditions or
safeguards required by the Village of Tequesta.
..� �
Name of Appiicant: � '����� � ��`�,��, �- �
Mailing Address: � `�.,� ��� � { � a ��`? � � �� � ,� �`� � � `'�.e I ( ��� i %-x � �t{ , �� I _ � �� �t � �
Phone No. (I�`� ne� ' ;� ��� �`� �- 1 � `i�r.��� � (Business)
Lot/Parcel Address: -- �" � �'�.�' � #'� � � � 4 � ..�- ± �' �,'� � ° ,�r"�. �-� �� < G=', �° �
t
Lot: Block: Subc[ivision:
Property Control Number: � � ,, - � : �-�, .� : �� � � :��,. ,_ t a,� ��,� e .� - e. a� .• � �. .�
Existing Use:
�escription of Specia! Exception: #�� ��� t �,.,� �1�=, f ���`-� t� �; � t�° `� .. � �"� `�-��',�, ; ` � � �� —
' 1�r t� =� C;� Y� _ � � !``f � � � 1 i } � � � =-1 � � !�,14-�.-1� "� � d ! `� � �`'1 f `�
� � �a{-�s, .
m�� d
Properry Owner: , �' Gt =� � � i��? � �� � , � _�i ' , ---. .
NOTE: Applicant shalt include the foiiowing with the application:
1) Cwrent s�rvey or site plan �f pr�perty showing structures and setbacks.
2 j Drawings �o scale of propased improvements rec�airing special exception use.
3} `JVritten approva] from property awner if other than applicant.
4) Any other doc�un�nta.tion pertin�nt tc this applieation.
5) Fifteen (15) copies of all submittals.
6) Applicatio:� Pee of Five Hundred ($Sa0.00) Dollars. * io/�`�.�� 2
C�PC'�£ � c�� 3
` � Additional Los9:s: To cover all addi�iona.l administratrve costs, actual or ant�cinated, ine[uding, but nat timited ta,
engineering fees, consultant fees and special studies, the applicant shall compensate the village for atl such costs
prior to the processing of the application or not later than thirty (30) da.ys after fiiial application approval whichever
is determined as appropriate by the village.
� � �' �°� � � ,
�� Applicant s�ignature Date � � � ��
TOPPER FITNESS AND HEALTH, LLC
� 130 NORTH US HIGHWAY 1
TEQUESTA FL 33469
RE: 130 North US Highway 1, Tequesta , FL 33469
The applicant is requesting approval for a Special Exception Use in the mixed-use zoning district. Per
village code, permitted uses in excess of 3500 ft. need to apply for a special exception use.
This application for a grant of special exception to the single tenant 3,500 ft. rule does not contemplate
nor request any change in the use, design, outside appearance or footprint of the building whatsoever.
There is only a minor change to the purpose of the business. The change is to take it from a dance
studio to a personal fitness club. The club will offer personal training, small group training, and limited
gym membership. The club is upscale and service oriented. Two of the three partners are certified
personal trainees one of which is also a registered nurse and the third partner is a personal training
client and Tequesta home owner.
• The following are Topper Fitness and Health, LLC responses to questions posed under sections 78-362
and 78-363 of the Village of the Tequesta Code:
SEC. 7�-362. Criteria.
(1) The proposer� use is a permitt�d special excepfiion use.
The proposed use, personal services, is a permitted s�►ecial excepti�n use.
(2) The a�s� i� �� designed, located arsd propc��ed ta� b� operated su t��t tE�� p�ablic health, safety,
welfare and mor�ls will be pro�ected.
The new tenant is a fitness ciub specializing in personal training and small group classes with a
limited gym membership.
(3) The use will not cause substantial injury to the value of other property in the neighborhood
where it is loc�ted.
This location was previously used as a dance stu�io, and its design �vill not change. ThE u�e wil�
not caiese any injury to the value of other property in the neighborhood where it is located as no
change in use nor outside c�asign change is requested.
(4) The use will be compatible with adjoining deveiopment and the proposed character of the
district uuhere it is to be located.
The personal services use is compatible with adjoining development and the character of the
district where it is located. Aiso located within the shopping complex are a yoga studio, massage
therapy studio, Taekwondo studio and a ciiabetes education and supply store.
�
� (5) Adequate landscaping and screening is provided as required in this chapter.
All landscaping and screening is currently in compliance with village code and no change is
requested or contemplated by this application.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as
to cause minimum interference with traffic on abutting streefs.
The building is currently in compliance with village code and no change is requested or
contemplated by this application.
Sec. 78-363 findings required fior approval.
(1) Compliance writh all elements of the village comprehensive plan.
The personal services use has been and continues to conform with all elements of the village
comprehensive plan.
(2) Ingress and egress to property and proposed structures thereon, with particular reference to
automotive and pedestrian safety and convenience, traffic flowr and control, and access in
case of fire or catastrophe.
This building was previously a dance studio and was designed for traffic volume ingress and
egress.
(3) Off-street parking and loading area, where required, with particular attention to the items in
• subsection (2) of this section.
The building is currently in compliance with Village code and no change is contemplated with
this application.
(4) Nuisance factors detrimental t� adjacent and nearby proper4ies and the �ai6lage as a whole.
Nuisance factors shall include but n�t necessarily be limited to noase, odor, �moke, glare,
electrical iraterf�rence and���r mech�ni�al dibrati��s.
As the �revious tenant wa� a dance studio, there will bz no changes ir� regards to nuise, nvor,
smoke, glare, eleci�rical interference, and or mechanical vibrations, in establishing this iocation
as a fitness club.
(5) UtBl�ties, with reference �o la�cation availabilitj+ and compatibiiity.
No changes are requested to any utilities with reference to location, availab9lity or compatibility.
(6) S�r�ening ��d is�i'fering with rsference to type, �r�d dBrnensio��, and �har�cfer.
No changes are r�quested to screening and buffering with reference to type dirrsension or
character.
�7) General compatiibility with ad��cent properties anc� otlrer proper�� in t�e district.
The building is compatible with all adjacent properties and all other proaerty in the district. The
building was built in 2006. No outside changes to the building are requested.
•
(8) Whether the change suggested is out of scale with the needs of the neighborhood or the
� village.
No outside changes to the building are requested.
(9) Any special requirements set out in the schedule of site regulations in section. 78-143 for the
particular use involved.
There are no special requirements set out in the schedule of site regulations in section 78-143.
The proposed continuation of use for personal services is requested.
�
�
,� �-�.
TEQUESTA FA►SH14N MALL P: 561.248.95� �, a�1:747.3054 E: inf�(c�d�ieptumbinginc.com
• A: P.O. Box 44�2�, Tequesta, FL 33469
October 16, ?Ol?
Village of Tequesta
Communiiy De�elopment Depa�fiment
3�E6 Tequesta. Driv�
Tequesta, FL 33469
1�: 1�0 N LTS Hi�h� atr 1, Outaarc T�uesta, FL, 33469 for Le�sed Premises bv �nd bet�cveen
SLO-�Y., I.I�C CI'equesta Fashion 1VIali1 and Toaaea- Fitasess di I�ealth ('I'e��nt1
Dear �lillage of Tequesta.:
As Landlord, v�-e are asking for Special Exemption from Village of Tequesta.11Ve are subn�aitting tl�is
• request by October 16 2012 to comply with the special exemption requirements for th.e Village's
requirement from Landlord advising the Village of Tequesta that the La�ndlord has approved a Fitness
Cemter in our current vacant space as identified above at Tequesta Fashion Ma.tl.
Please cal] m� at 561- i�D7- i 853 if. you have any ques#ion.s. Thank yoa for your atte�rtion t.� this ma.tter.
Sincereiy,
SL0-11�TL, LLC. {Landlort!} `
..� �.�-
.. , ��� _
Steph�n L. Olc�ham and iVfichael Luetkemeyer
O�uners
•
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� � DEPARTMENT OF COMMUNITY DEVELOPMENT
y r ;`.� ' 345 Tequesta Drive � Tequesta, Florida 33469-0273
3 a � (561) 768-0450 � Fax: (561) 768-0698
• � � ��
� CDUb
October 29, 21;� 12
�inde T��pper
Topper Fitness 8c Health, LLC
130 N. US Hwy. 1
Tequesta, FL 33469
Suhject: ��e�g�fl ��t�¢�gno� �Ig� �an�9n�c ����°u��
ll�� I�1e �J� gg�ay�o fl, 'g'�a�aac���� �'IL
I�ear Ms. Topper:
Enclosed is a copy of the Village Council of the �Iillage of Teques�z No:ic� of Public Ilearing to
be held on Thursday, November �, 2012, at 6:00 P.M. in the Village Council Chambers tocated
at 345 Tequesta Drive, Tequesta, Florida, to act upon your application for Special Exception Use
• to the terms of the Code of Ordinances of the Village of Tequesta.
You and/or your representative must be in attendance at the hearing to present your application.
�incerely,
�i�t�� � �
.`�����'
J a e Burnsed ---.
st. T�:r. o�f CQtr�rnUnity I3e��el�p?r�ent
En�l.
�'i: T��uesta Tashic�n Mall
P.�. Box 4332
Tequ�sta, FL 33469
•
.
•
.f -
W .
I�[EETII�G 1�i0'I'ICE
The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday,
November 8, 2012, at 6:00 p.m. or as soon thereafter as possible in the Village Council
Chambers located at 345 Tequesta Drive, Tequesta, Florida 33469. A hearing will be held to
consider and make final determinations regarding the following:
�E ��-fl�e Application of Cinde Topper, Topp�r Fitness �c Health, LLC., for a
Special Exception Use pursuant to Section 78-180. MU �istrict (i) (14) Special
Exception Uses, of the Viilage of Tequesta Code of Ordinanc�s. The Applicant is
requestir�g Special Exception Use (personal services) approval for an existing 4,200
square foot building in the Mixed-Use Zoning District. The subject property is located at
130 N. US Hwy. l, Tequesta, FL 33469.
•
The above applicatic�ns and all related documents are available for public examination and
copying in the Office of the Village Clerk, Manday througll Friday, between the haurs of �:30
a.rn. and 5:00 p.rri. Tlie Public Hearing iiYay be continued from time to �ime, as necessary. All
interested persons are encol�raged to come to the Public Hearing arzd be heard.
�g,� ��E Z'AKE t�10T'�C� �,1�� �� �`�I�EIA, tha� if � p�rson decides to ���eal a:ny de�,isio�
made wiih respect ta a.ry matter eunsidex�d at these hearings, he or she will nee� to ensure that a
`✓�.I �batim record of th .°. �'IOCe��131�5 1� rr�sdP, wizicl� re�ar:� incl�ade5 the testimany �d evid�nce
up�n which the appeal is base�. 'T.'h� ��i�lage af Teq�!esta �.oes n�t pravide surh � record.
•
�gJ�LgC I�1�TgC�
• The Village Council of the Village of Tequesta will conduct a Public Hearing on Thursday,
November 8, 2012, at 6:00 p.m. or as soon thereafter as possible in the Village Council
Chambers located at 345 Tequesta Drive, Tequesta, Florida 33469. A hearing will be held to
consider and make final determinations regarding the following:
��E ��-Il�e Application of Cinde Topper, Topper Fitness � Health, LLC., for a
Special Exception Use pursuant to Section 78-180. MLJ District (i) (14) Special
Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is
requesting Special Exception Use (personal services) approval for an existing 4,200
square foot building in the Mixed-Use Zoning District. The subject property is located at
130 N. US Hwy. 1, Tequesta, FL 33469.
�� Og-fl�: Application of Randolph Hansen, Inter Plan Inc., for a Special Exception
Use pursuant to Section 78-174. R-2 Multiple-Family Dwelling I)istrict (d) (11) Special
Exception Uses, of the Village of Tequesta Code of Ordinances. The Applicant is
requesting a Special Exception Use (adult living facility) approval for Tuscan Gardens at
Tequesta, a 96 unit assisted living/memory care facility. The subject property is located at
4534-4546 Caunty Line Roa�, Tequesta, FL 33469.
�� �-fl�o Application of Randolph Harzsen, Inter Plan Inc. for a Variance from Code
Sec. 78-705.- Required number of parking spaces, (1) &(31). and Sec. 78-284.-Walls
and Fences. The proposed project is Tuscan Gardens at Tequesta, a 96 unit assisted
• Iiving/mernory care faciliiy (Adult living facility). Per Code, the proposed project
requires 165 parking spaces. The applicant is seeking a variance to provide lOQ parking
spaces. Fiar�her, per Code, wal)s/fences may not be constructed forward of the front
building line. The applicant is seeking a vaxiance to allaw the construction �f a
wall/fenc� forward of the front building line. The sabject propert.Y is ,�cated at 453�-
4546 County Line Raad, Tequesta, FL 33469.
TI�e above applicat�or�s and a11 rel���d do�,tune7ts are availa6ie for �,ubiic e�ca�riiriatior� a��d
copying in the �ffice of the Village Cl�rk, Manday through Friday �etween the hours of 8:30
a.m. and 5:00 �.m. The Public F-rearing may be continue� from time ta time, as necessary. All
interested persans a.r� encouraged to came to the Aublic Hearin� and be heard.
1��,F�.SE Z'AI� I�T�T'IC'E �1IJ► �E A��SE�, that if a p�rson dec�des tc� a��eal any decision
made with respect to any matter considered at tl�ese hearings, he or she wilt ne�d to ensure that a
ver�atini record of the proceedings i� made which record includes thc test�m�ny and evidence
u�►on which the appeal is based. The Village of Tequesta does not provide such a record.
l��T��,II��: October 28, 2012
•
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAIV REVIEW
• DIVISION 3. - SPECIAL EXCEPTION USES
��� ;, �� - ,
Sec. 7II-362 -�plicabddy
Sec. 78-363 - Crit
Sec 78-364 - Fintlir�s required fvr approval
Sec. 78-365. -_Imposition of additional condltions and_s_afequar�s
Sec. 78-366. - Denial
Sec 78-367 - Reappl�cation after demal
Sec 78-368 - Time limit for commencement of use
Sea 78-369. - Optional pre-apphcation review proce�s
Sec 78-370 _ Application,. noUce of hearin�
Sec, 78-3%1 - Filin _fee
Sers 78-372 Reserved
_- + -.-
The development and execution of a zoning ordinance is based upon the division of the village into districts, within which the use
of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however,
that there are certain uses and features which, because of their unique characteristics, cannot be distinctly classified or regulated in a .
rticular district without consideration in each case of the impact of such uses and features upon neighboring uses and the
rounding area, compared with the public need for them at particular iocations. Such uses and features are therefore treated as
� ecial exceptions. A special exception is not the automatic right of any applicant.
���- �'_ ;o< �. , .=;,;�i�,:
All initial r�quests for special exceptian �:ses as IistecJ in this chapter, along with 4heir related accessary uses shall �p subjei;t to
the requiremenis of this �ivision. in addition, any rrio�ificption to the use oi a previously granted s�acia� exceptiun, ExccNi for a
modification tha: charges said uss to a�ermitted use as listed �n this chapter, shal! be subject to the requirements of this division.
Qequests to expand, enlarge or revise the site of an existing special exception use shall be classified a�d processed pursuant to tha
following three cateqorie�;
(1 j Sma{! scale, interior - ir�terior expansion, enlargement or revisian of less than ten �eresnt ef the erigi�ally approvec� special
exce�tion site square footage and having construction costs of less thar. $100,00.00, once w�thin any eighteen mon±� period
(this category contemplat2s uses locatzd in existing shopp�ng centers or similar structures, whera no change to the overafl
building footprint �s required).
a. Applicant shail submit the processing fee in an amount established by resolution of the viliage council and on fiie i�� the
�illa��e clerk's office.
b. Review and approval :s provided ay the community developmen; �irector, following which, tha applicant �nay apply for
�uilcJing permits.
(2) Smai! scale, exterior - exterEor expansion, enlargement or re��ision of less than ten percent of the originally approved special
exception site square footage and havmg construction costs of less than $10U,00.00 once witi�in any eighieen month period
(this category contemplates a change to the existing structure's footprint, and other site related revisions that flow therefrom).
a. Applicant shall submit the processing fee in an amount established by resolution of the village counc+l and on file in the
village c!erk's office.
• b. Review and approval regarding the continuing special exception use is provided by the community developmsnt
director, following which, the applicant shall submit an application for site plan modification.
Tequesta, Florida, Code of Ordinances Page 1
PART II - CODE OF ORDiiVANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
• DIVISION 3. - SPECIAL EXCEPTION USES
When reviewing small scale expansion, enlargement or revision, the community development director shall make a
determination fhat such expansion, enlargement or revision does not result in a violation of the requirements of sections
or ,, or a violation of any previously imposed condition of approval.
(3) Large scale - any expansion, enlargement or revision to the site of an existing special exception use that does not qualify as
either sma(i scale interior or small scale exterior. Such expansion, enlargement or revision is subject to the requirements of
this division.
Special exception uses to which this division applies as set forth in shall be permitted only upon authorization of
the village council provided that such uses shall be found by the village council to comply with the following requirements:
(1) The proposed use is a permitted special exception use.
(2) The use is so designed, located and proposed to be operated so that the public health, safety, welfare and morals wiil be
protected.
(3) The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located.
(4) The use will be compafiib(e with adjaining development and the proposed character of the district Nihere it is to be located.
(5) Adequate landscaping and screening is provided as required in this chapter.
(6) Adequate off-street parking and loading is provided and ingress and egress is so designed as to cause minimum
interference with traffic on abutting streets.
•
Before any speciai exception to wnirh this division applies as set forth in is granted, the village council shall apply
the standards set forth ir� tFiis division and shal� deterrnine that satisfactory provisior� and arrangement of the �ol(owing factors ha+�e
b�en met by the petitione;, where applicable:
(1) Compfiance wi2h aA elements of the �iillage com�reh��si�Je F�lan.
(2} Ingress and eyress to property a�d proposed structurss the�eon with ;�articular refsrence to a�atomot�ve and pedestrian
safe(y and r,onvenience, traKc flow and cnntrol, and access in case of fir�e or catastrophe.
(3) Off-street parking and loading area Nihere required, with particular attention to ihe items in subsection (2) of this section.
(4) Nuisance factors detrimental to adjacsnt and nearby properties and the village as a wi�ole. Nuisance factors shali include but
not necessarily be limited to noise, odor, smoke, giare, electrical interterence and/or mechanical vibrations.
(5) Utilities, 4vith reierence to locat:on, availability and compatibility.
(6) Screening and buffering, with r�ference to type, dimensions and character.
l7) General compatibility with adjacent properties and other property in the district.
�8; Wheth�: the change suggesteci ;s o!�i of scale ��^th th� needs oY the neighl �� �rhoaQ ��r the viilage.
(9) Any special requirements set out in the schedule of site regulations in for the particuiar use involved.
� In addition to the criteria listed in , the required approval Fndings iisted in and specifrc cond+tions for
the particular special exception use listed within the applicable zoning district regulations, the village council may impose oiher
Tequesta, Florida, Code of Ordinances Page 2
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
� DIVISION 3. - SPECIAL EXCEPTION USES
such conditions and safeguards as it deems appropriate in conformity with this chapter for the protection of the surrounding
properties and the neighborhood or general welfare of the public.
(b) If the special exception use is granted by the village council, the use must conform to all the applicable regulations governing the
district where it is located, except as may otherwise be determined for planned developments. Failure to comply with all the
appl+cable regulations governing the district as required by the site pfan approval process wi(I void the granted special exception
use.
Should the village council deny a special exception, it shall state fully for the record the reasons for doing so. Such reasons shall
take into account the factors under and all other conditions and particular regulations relating to the specific special
excepfion requested.
(a) Whenever the village council has denied an application for a special exception, the village shall not thereafter consider any further
application for special exception on any part of or all of the same property for a period of 12 months from the date of such action.
(b) The time limits of subsection (a) of this section may be waived by three affirmative votes of the village council when such action is
� deemed necessary to prevent injustice or to facilitate the proper development of fhe village.
(a) A special excepfion shall commence wiYt�in 1 Z months from the date of grant of the spe�ial exception unless ext�r.ded by action of
iha �iillage cuur+cil; �theruvise it is auioma'ricafly rendered nuli ar3d vai�.
(b) Commencement of a 5pecial exceptioi� �ccurs upon the issua�ce of G buildirtg permit, preliminary plat or site plan, or uoon the
initiation of significant action to satisfy requiraments for improvements contained ;n a development order or other regulatory
documents relating to the speeia! exception.
(c) On1y one extension shal! be permitterJ by the village council and t�e e;ctension s� �all no; axc�ed six months. A wr�tten request for
such extension of time must be received by the village prior to the expiration of the grant of a�proval.
(ci) 5pecial exceptions granted to any govemmentai unit shall be exempt from the prev;sions of :his section ur.less a!ime iimitat�on +s
made a speci�ic cariditiori of the special excep4i��.
Prior to submitting a special exception application and commiitir.g the resources required to proceed through 4he special exception
a�plication process as required 'qy , an applicant may choose Yo participata in the following pre-applicati�r� process in
order to gauge interest in his proposed project.
.(1) Pre-application meeting. A pre-applicatior submittal meeting shall be held with the applicant and his design team and the
community development director and development staff. The applicant's propo�ed use shall be reviewed and discussed in
order to identify any issues with the proposed use, the applicable use regulations and/or other applicable requirements.
Tequesta, Florida, Code of Ordinances Page 3
PART II - CODE OF ORDiNANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
+ DIVISIOIV 3. - SPECIAL EXCEPTION USES
(2) Conceptual presentation. Based on the outcome of the pre-application meeting, the applicant may request to present his
special exception use concept to the village council in order to receive further input. This conceptual presentation is not a
quasi-judicial proceeding, and no action shall be taken by the village council beyond discussion with the appiicant. Neither
the outcome of this conceptual presentation, nor any comments made during this conceptual presentation by any village
council member or village staff is a guarantee or assurance in any way of the final action that may be taken by the village
council pursuanf to a formal application for special exception use as provided in
(3) Prior to being placed on a village council agenda for a conceptual presentation, the applicant shall submit the following:
a. Processing fee in an amount as established by resolution of the village council and on file in the village clerk's office.
b. Twelve copies of sketches and diagrams sufficient to convey the conceptual use to the v+llage council. This may
include site plans, floor plans and/or surveys.
c. Twelve copies of a brief explanation that the proposed specia! exception use is compatible with the surrounding uses
and the neighborhood in general.
(a) A written petition for special exception shall be submitted indicating the section of this chapter under which the special exception is
sought and stating the grounds on which it is reyuested, with particular reference to the criteria under , the written
findings under ;- , and other specif•c conditions, if applicable, which the village council shall address. The petition
shall include all material necessary to meet the requirements of the development concept plan listed in subsection (b) of this
section and any additional information that will demonstrate that the grant of special exception will be in harmony with general
infenf and purpose of this chapter.
� ) A pe4itioner seeking special exception approval shall submit a development concept plan on one or more sheets of paper
measuring not more than 24 by 36 inches and drawn to a scale not smaller than 100 feet to the inch. The following shall be
provided on the development concept plan:
(1) Scale, date, north arrow, vicinity sketch, title of the project and total gross acreage.
(2) The boundaries and dimensicns of th2 property and its rela±ionship to the surround�ng road system, including the wid4h of tha
existing traveivray (pavement}.
(3) The location and dimension of existinq manmade features such as existing roads and structures, with �ndication as to which
are to be remo��ed, ren�vated ar a6(eE��d.
(4) Identitication ot surrounding iana use, zoniny and existing bui�ui��gs within �00 feet of the petitioncd site, as wall as the
zoning of the �etitioned site.
(5} A layout of the �roposed lots and;�r hu;ldirg sit�s inclu�+?ng ±h� follewing s�te data:
a. F�nished ,`loor elevation.
b. Common open area.
c. Generalized landscaping and buk�er areas.
d. Internal �+rculation patterns includ�ng off-street pa��cing a��d !r�ading facilities.
- e. Total prc�act density.
f. The shape, size, location and height of all struc4ures.
(6) The proposed phasing of construction for the project if appli�able.
(7) For commercial uses, office uses and uses other than residential, the estimated square feotage of the structure, the �umber
of employees, 4he estimated seating, and th� sstimated number of users of the facility, such as members, st��dents and
patients.
• (8; Proposed hours of operation for commerc�al uses.
Tequesta, Fforida, Code of Ordinances Page 4
PART II - CODE OF ORDINANCES
Chapter 78 - ZONING
DIVISION 2. - SITE PLAN REVIEW
• DIVISION 3. - SPECIAL EXCEPTIOIV USES
(9) Twelve aerial maps at a minimum scale of one-inch equals 300 feet, showing the site in question with paved boundaries
superimposed.
(10) A legal description of the land proposed for development.
(11) Current survey of the subject property.
(c) The application shall be reviewed by the land development staff within 30 days of the submission deadline. Upon land
development staff review and analysis of all submitted materials, the building official shall forward a recommendation to the village
council.
(d) A public hearing shall be held by the village council. The property owner may appear personally or by agent or attorney.
(e) Notice of public hearing shall be advertised a minimum of ten days in advance of the public hearing in a newspaper of general
circulation in the area. The owner of the property for which special exception is sought or his agent or attorney designated by him
on the submitted petition shall be notified by mail of the date and time of the hearing. Notice shall be given by mail to all owners of
property within a 300-foot radius of the boundary lines of the property for which a special exception is requested. The list of
property owners within the stated radius shall be provided by the applicant from the most recent tax roll information as provided by
the county appraiser's office. The applicant must furnish an affidavit signed by the person responsible for providing the list.
Notwithstanding any other provision contained in this section, failure to provide written notice to any adjacent property owners
shall not constitute a jurisdictional defect provided that proper legal notice has been published.
�_, :, .;�c}
�
Upon filing an application for special exception, the applicant shall pay a fee to tre village at the time of filing of such application.
e fee shall be in an amount as established by resolution of the village council and on file in the village clerk's office, shall not be
eimbursable, and is intended to defray costs of administering, processing, and revi�wing the application. Additionally, to cover all
additional administrative costs, actual or anticipated, including, but not limited to, engineering fees, consulting fees, attorneys' fees and
special studies, the applicant shall compensate the village for all such costs prior to the processii�g oi �ha application, or not later than
30 days aker final applica#ion approval, whichever is determined as appropriate by the eommunity development director.
�78-369
Secs 78 372- -78-390 12eserved
•
Tequesta, Florida, Code of Ordinances Page 5