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Home My WebLink AboutOrders_Special Exceptions_02/08/2018_SEU 01-18_Topper Fitness and Health, LLC ORDER OF THE VILLAGE COUNCIL VILLAGE OF TEQUESTA REQUEST FOR SPECIAL EXCEPTION CASE NO.: SEU-01-18 IN RE: Topper Fitness and Health, LLC, Applicant; JMZ Tequesta Properties, Inc., Owner. PROPERTY LOCATION: 1 Main Street 100, (Suite 205), Tequesta,FL 33469 LEGAL DESCRIPTION: FILED: Village of Tequesta TEQL'ES"CA VILLAUE CENTER PAR 4 Date: a"�"�a PARCEL CONTROL NUMBERS: Time: �'•�n►•� 60-43-40-3 0-47-004-0000 SPECIAL EXCEPTION REQUESTED: Modification of existing commercial building to allow personal fitness and training services in excess of 5,000 square feet, in currently vacant tenant bay. ORDER APPROVING APPLICATION This cause came on to be heard upon the above application and the Tequesta Village Council having considered the evidence presented by the applicant and other interested persons at a hearing called and properly noticed, and the Tequesta Village Council, being otherwise duly advised, THEREUPON, THE TEQUESTA VILLAGE COUNCIL FINDS AS FOLLOWS: 1. The subject property is located in the MU Mixed Use Zoning District in the Village of Tequesta. 2. The applicant has submitted all documents required by the Village's Code of Ordinances for special exception review. 3. The application and all supporting documentation and presentation materials as reviewed by the Village Council at its February 8, 2018 meeting, and as kept on file by the Village, are made a part hereof and are hereby incorporated by reference. 4. According to Section 78-180 of the Village Code of Ordinances, a personal fitness and training services facility in excess of 5,000 square feet is permitted as a special exception in the MU Mixed Use Zoning District upon approval by the Village Council. 5. The applicant has applied for a special exception to operate a personal fitness and training services facility in excess of 5,000 square feet at the above referenced location. Page 1 6. Under the provisions of the Village Code of Ordinances, the Village Council has the right,power and authority to act upon the request herein made. IT IS THEREUPON CONSIDERED, ORDERED AND ADJUDGED BY THE VILLAGE COUNCiL OF THE VILLAGE OF TEQUESTA, FLORIDA, AS FOLLOWS: The application for Special Exception, Case No. SEU-01-18 with reference to the above described property within the Village of Tequesta, Palm Beach County, Florida, to permit the following: a personal fitness and training services facility in excess of 5,000 square feet, in accordance with the special exception application attached hereto as Exhibit"A" is hereby APPROVED since the Village Council hereby finds that the applicants have met the standards set forth in Sections 78-362 and 78-363 of the Tequesta Zoning Code for special exception approval. The following conditions of approval apply: * The term applicant(s) as used herein shall include all successors and assigns. * The applicant's special exception approval shall expire in twelve (12) months unless a building permit has been obtained, preliminary site plan or plat approval has occurred, or other significant action to satisfy the requirements of this approval have occurred in accordance with Sec. 78-367. DONE AND ORDERED THIS S' DAY OF FEBRUARY, 2018. � i'. � �� /� A OR IGAIL NNAN, ``�,,,,��„"„�„��„�,,,,,,,,,,,,,,, VILLA OF TEQUESTA .�� 'oR oTFpG--.. �� 1��.c.J u,�,ti— �'� P�� '�� = L ;v''G ��`. F •.N� LORI McWILLIAMS, MMC =,�� S�'A� ;D� VILLAGE CLERK _ ':INCORPpRqTEp:� ; =N9� �,:'�� . ,, � ��O�\OQ,`,,s �,,,,,,,�„��„�,,,,,,,,� Page 2 VILLAGE OF TEQUESTA � � DEPARTMENT OF COMMUNITY DEVELOPMENT Staff Report— Village Council Hearing—February 8, 2018 1. PETITION DESCRIPTION—SEU 1-IS APPLICANT: Cinde Topper Topper Fitness and Health, LLC OWNER: JMZ TEqUESTA PROPERTIES INC(Plaza Owner) REQUEST: Application from 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 Training and Fitness Studio)approval for an existing 5,453 square foot building space in the Mixed-Use Zoning District. The subject property is located at One Main Street,Suite 105 Tequesta, FL 33469. LOCATION: 1 Main Street Suite 105 Tequesta, FL 33469 LOCATION MAP � '`-.-'� ` , ,, ��,�-9 t ,. , • :�_ --� � .� ',� c' a:�:• �� `�` y ,`l, �•�' �i � _"�� .,� ,� �� —«:�� . . ��.,��: . ! ,a•,�.�J°',��.._ 4�I.::i.::.:��:.�; ...,4. -�- .?"r:;• ..t�� . 1 1 C .!!�t'.S' f :. .' 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K +�(3 .1r�d• � � f� . . i �L �a ��4� «�'. � � � ..1�` r. = �. .�� '�; �,�:, . .� � W ` .... .� t. �'::v ° �E�'* g�.n_ �,r Y,—,.'T�r„ � n.:.:�;' �'.�� .. .�:- 'i c' � �, . � *.. ��= t�:,� � .. �. _, +r� \ � �- �I '.�,g.;�,�._ � -� •��•••• t$. �•�"`��_` i"' � ��'.., +��- 1." . ---- . �=.r �� • .• � /��r��........ t.. ._ .. ^ r "`0__ C .'. . �.—.- � �: Topper Fitness'� ,�` ,�y��'� �,�' '"�E' � ..i �` T- r � ,m ' One Main Street �' �"�' " ' �r�•� `a ..................... �� ..._,. ��` ,� M, � .��' \�idh1;~�� ,�.� �. � �l� -; �,� �. ym. � � �� ; � ��_..�'�� 4,:--r `�---� �� . �; �.. - ,�' .�_ - - --- 1 Department of Community Development-Staff Report—Topper Fitness Land Use and Zoning EXISTING LAND USE FUTURE LAND USE ZONING SUBJECT PROPERTY Mixed Use Mixed Use MU-Mixed Use North PNC Bank Mixed Use Mixed Use MU-Mixed Use 171 Tequesta Dr. South Paradise Park Mixed Use Mixed Use MU-Mixed Use One Main St. East Bank of America Mixed Use Mixed Use MU- Mixed Use 150 Tequesta Dr. West Mixed Use Mixed Use MU-Mixed Use Vacant 2. Staff Analysis 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 with the public need for them at particular 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 Village of Tequesta Code of Ordinances. "Permitted uses under subsections (hJ(4), (5), (6), (7), (8) and (10) of this section in excess of 5,000 square feet (including/arge scale retail sales and service) which are in conformity with the intent and integrity of the district.." The proposed use, personal services, is a permitted use in the mixed-use district to a maximum 5,000 square feet of gross IeasaBle area for each tenant area or individually owned unit. Please see attached life safety plan. 2 Department of Community Development-Staff Report—Topper Fitness 2. The use is so designated,located and proposed to be operated so that the public health,safety, welfare and morals will be protected. The new tenant is an existing fitness club specializing in personal training and small group classes with a limited gym membership,previously located in Tequesta for five years and expanding to new location. In comaliance. The proposed use"Topper Fitness and HealthN will be located in the One Main Street shopping plazo. The proposed use is compatible with the character of the surrounding area, and will not impose a threat to the public health,safety, we/fare ond morals. 3. The use will 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 an urgent care center and defunct fitness center. In comvliance. The proposed use wili not cause injury io the value of other property in the neighborhood where ir is to be/ocated as no change in use(personal services)nor outside design change is requested. 4. The use will be compatible with adjoining development and the proposed character of the district where it is to be located. In comnliance. The personol services use is compatible with adjoining deve/opment and the character of the district where it is located 5. Adequate landscaping and screening is provided as required in this chapter. ►n compliance. The subject property is located in an existing Shopping P/aza that comp/ies with this provision. Also,the proposed use does not add or modify the existing square footage of the facility. 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. In compliance. The application does not involve increasing square footage;required parking and loading and ingress and egress are provided in an existing Shopping Plaza. FINDINGS REQUIRED FOR APPROVAL 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: 1. Compliance with all elements of the wllage 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 "personol services�meets this provision of the Comprehensive P/an. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience,traffic flow and control,and access in case of fire or catastrophe. 3 Department of Community Development-Staff Report—Topper Fitness The sub}ect property is located in an existing Shopping Plaza,ingress ond egress to the property with particular reference to automotive and pedestrian safety, and occess in case of fire or catastrophe are foctors that are met. The proposed use "personol servicesn meets fi►is provision. 3. Off-street parking and loading area, where required, with particular attention to the items in subsection(2)of this section. The proposed use is located in an existing Shopping Plaza and the application does not invo/ve increasing square footage,required parking is provided.Also,since the proposed use is located in an existing Shopping Plaza o loading area is provided. Ti►e proposed use meets this provision. 4. Nuisance factors detrimental to adjacent and nearby properties and the viilage as a whole. Nuisance factors shall include but necessarily be limited to noise, odor,smoke,glare, electrical interference and/or mechanical vibrations. The proposed use is compatib/e with the overal/character of the Shopping Plaza. The proposed use will not be detrimental to adjacent and nearby properties ond the�llage as o whole. 5. Utilities,with reference to location,availability and compatibility. Since the subject property is located in an existing building, utilities, with reference to /ocation, avoilability and compatibility requirements are met. 6. Screening and bufFering,with reference,to type,dimensions and character. The proposed use does not add or modify the existing square footage of the facility. This standord is not applicable to this appliccrtion. 7. General compatibility with adjacent properties and other property in the district. The proposed use is compatible witi►the overall character of the Shopping Plaza and its surrounding area. 8. Whether the change suggested is out of scale with the needs of the neighborhood or the�Ilage. The proposed use is compatible with the neighborhood and the�llage as whole. 9. Any special requirements set out in the schedule of site regulations in 78-143 for the particular use involved. 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. 3. FINAL REMARKS 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 January 29,2018.The notice of hearing was mailed to all property owners located within a 300-foot radius of the subject property. 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�Ilage Council up to six months. 4 Department of Community Development-Staff Report—Topper Ftness 1/19/2018 Detail by Entity Name DIVISION OF CORPORATIONS '� �- �i';�(�IlJi, JI ��%��org r J)�!J�tJ�J r'_rS11 ✓� 1_J ;ip � r�. ..rl �.ir_�„f i�f.�ri.l.� ..- - I?eoartment of State / Division of Coroorations / Search Records / Detaii By Document Number/ Detail by Entity Name Florida Limited Liability Company TOPPER FITNESS&HEALTH, LLC Filing Infortnation Document Number �12000108094 FEI/EIN Number 46-0838547 Date Filed 08/22/2012 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/30/2016 Princioal Address 130 N. US Hwy 1 Tequesta, FL 33469 Changed:04/11/2013 Mailing Address 130 US Hwy 1 Tequesta,FL 33469 Changed:04/11/2013 Registered Agent Name 8�Address TOPPER,CINDE C 130USHwy1 Tequesta, FL 33469 Name Changed:09/30/2016 Address Changed:04/11/2013 Authorized Person(s)Detail Name 8 Address Tdle MGRM TOPPER,CINDE C 130N. USHwy1 Tequesta, FL 33469 r�_ •�i+ur� httpJ/search.sunbizorg/I nquiry/CorporetionSearch/Search ResultDetail?inqu irytype=EntityName&directionType=1 nitial&searchNameOrder-TOPPERFI... 1/2 1N9/2018 Detall by Entity Name I IU@ MI�MK TOPPER,KEVIN M 130 N. US Hwy 1 Tequesta, FL 33469 TiUe PRES TOPPER, KEVIN M 130 N. US Hwy 1 Tequesta, FL 33469 TiUe VP TOPPER,CINDE C 130 N. US Hwy 1 Tequesta,FL 33469 l�onual Reports Report Year Filed Date 2015 03/09/2015 2016 09/30/2016 2017 02/08/2017 Document Images 02/08/2017—ANNUAL REPORT Vfew image in PDF format j 09/30/2016—REINSTATEMENT �/�ew image in PDF format � 03/09/2015—ANNUAL REPORT vew image in PDF fortnat I 01/23/2014—ANNUAL REPORT �liew image in PDF format � D4111/2013—ANNUAL REPORT Yew image in PDF format � 08/22/2012—Florida Limited Liabilitv View image in PDF format � http:/lsearch.sunbiz.orgllnquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=lnitial&searchNameOrder-TOPPERFI... 2/2 VILLAGE OF TEQUESTA � DEPARTMENTAL USE ONLY � Department of Communitt�Development ; Ck.#� � 34�Tequesta Drive i Fee: � ,,z Tequesta,Florida 33-169 � Intake Date: � a Ph:5C1-7G8-Od51/Fas:561-768-0698 ; � nti��c.tequesta.org � PROJECT#�� ; � L________'_____________I SPECIAL EXCEPTION USE APPLICATION ADMINISTRATIVE APPROVAL 0 VILLAGE COUNCIL � Meeting Date: 2�9�2��8 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 and any conditions or safeguards required by the Village of Tequesta. PROJECT NAME: Topper Fitness and Health, LLC PROJECTADDRESS: 1 Main Street, Suite 105 Tequesta, FL 33469 Applicant Name: Cinde Topper Applicant Address: Applicant Phone No: Cell No: 561-371-7060 Fax No: E-Mail,4ddress: toppe�tness@gmail.com Existing Use: Urgent Care Center Description of Special Exception Use: The applicant is requesting approval for a Special Exception Use in the mixed-use zoning district. Per village code,permitted use in excess of 5000 fit need to apply for a special exception use.The proposed exception is 5453 sq ft. The applicant will submit to the Village of Tequesta Department of Community Development the following documents for Planning &Zoning Board review,forty-five business(45)days prior to the meeting date: 1. Current survey or site plan of property showing structures and setbacks. 2. Drawings to scale of proposed improvements requiring special exception use approval. 3. Written authorization from property owner if other than applicant. 4. All documentation required by Code: Chapter 78—Zoning,Division 3—Special Exception Uses 5. Three(3)11x17 size and one(1)24x36 size hard copies of all submittals and one(1)CD with PDF files and completed application. 6. List of 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 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. Stamped,self-sealing envelopes with a�Ilage of Tequesta return address label and the property owner label is required. Note:this is not required for requests which are reviewed administratively by the Community Development Director. 7. Special Exception Use Application Fee: a) Village Council:$500.00 PLUS Application Review Fee of$300.00=$800.00 b) Administrative Review by Community Development Director: Application Review fee=$300.00 � � l� Applicant's Signatu Date To cover all additional administrative costs,actual or anticipated, including, but not limited to,engineering fees,consultant fees and special studies,the applicant shall compensate the village for all such costs prior to the processing of the application or not later than 30 days after final application approval whichever is determined as appropriate by the village. Failure to make such payment may be grounds for not issuing a building or zoning permit,certificate of occupancy or completion.Costs associated with advertising for public hearings and other public notice requirements are the responsibility of the applicant.The fee shall be paid prior to such application being scheduled for a public hearing requiring notice. 1 Sec.78-363.-Criteria. Special exception uses to which this division applies as set forth in section 7&362 shall be permitted only upon authorization of the village counal provided that such uses shall be found by the village council to comply with the following requirements: (1)The proposed use is a permltted speclal exception use. Response: The proposed use, personal services, is a permitted special exception use. The business is currently occupying 5453 sq ft and may expand an addidonal 1300 sq ft ln the future. (2)The use is so designed, located and proposed to be operated so that the public health,safety,welfare and morals will be protected. Response: The new tenant is an existing fttness club speaalizing in personai training and small group classes with a limited gym membership, previoushr located in Tequesta for five years and expandin4 to new location (3)The use will not cause substantial injury to the value of other property in the neighborhood where it is to be located. Response:_ This location was previously used as an urgent care cente�and defunct fitness center. The use will not cause any injury to the value of other prope in the neighborhood where it is located as no change in outside design change is requested. (4)The use will be compatible with adJolning development and the proposed character of the district where it is to be located. Response:_ The personal services use is compatible with adjoining development and the character of the district where it is located. (5) Adequate landscaping and screening is provided as required in this chapter. Response: ��landscaping and screening is 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 streets. Response:__ The building is currentiy in compliance with village code and no change is requested or contempiated by this application. 2 TOPPER FITNESS AND HEALTH, LLC 1 MAIN STREEf TEQUESTA FL 33469 To:Village of Tequesta Council RE:1 Main Street,Tequesta, FL,33469 Topper Fitness and Health is requesting approval for a Special Exception Use in the mixed-use zoning district.Per village code,permitted uses in excess of 5,000 ft. need to apply for the special exception use.The proposed exception is 5453 square feet. This app{ication for a grant of special exception to the single tenant of 5,000 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 has taken it from an urgent care center to a personal fitness club.The club offers personal training,group training,and limited gym membership.The club is upscale and service oriented.Two of the partners are certified personal trainers,one of which is also a registered nurse. The business moved from the previous Tequesta location for the purpose of expansion.The applicant has already expanded to the third floor of the building,a 1950 square foot area,in order to hold group classes.The business coutd potentially expand in the future by adding Suite 101 in the current building, which is an additional 1300 square feet,if an increase in membership numbers warranted expansion. The following are Topper Fitness and Health,LLC responses to requirements posed under section 78-363 of the Village of Tequesta Code: Sec.7&363 findings required for approval (1) Compliance with 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 flow and control,and access in case of fire or catastrophe. This building was previously an urgent care and was designed for traffic volume ingress and egress. (3) OfF street parWng and loading area,where required,with particular atterrtion to the items in subsection(2)of this section. The building is currentiy in compliance with Village code and no change is contemplated with this application. (4) Nuisance factors detrimental to adjacent and nearby properties and the village as a whole. Nuisance factors shall include but not necessarily be limited to noise,odor,smoke,glare, electrical interference and/or mechanical vibrations. There will be no changes in regards to noise,odor,smoke,glare,electricai interference,and/or mechanical vibrations,in establishing this location as a fitness club. (5) Utilities,with reference to location availability and compatibility. No changes are requested to any utilities with reference to location,availability,or compatibility. (6) Screening and buffering with reference to type,and dimensions,and character. No changes are requested to screening and buffering with reference to type dimension or character. (7) General compatibility with adjacerrt properties and other property in the district The building is compatible with all adjacent properties and other property in the district.The building was built in 1998. 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 viltage. 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. ,��I�1.� 2'equ�esta �rope��ies, Inc. %18903 S E �'ed�era.l.9fzvy. 2'e��uest� F� 33469 (561� 748— 8883 .jmzprop@ao�com January 8�',2018 Topper Fitness c/o One Main Street 3uite 105 Tequesta,Florida 33469 Dear Cinde, This letter serves as JMZ Tequesta.Properties,Inc. [I.andlord's] written authorization to apply for the special exception use for Topper Fitness at 1 Main Street for Suite 102- 105.As we understand it this is necessary as the space is greater than 5000 sq ft.The exact square footage of the suite(suites 102-105)is 5453 square feet Additionally,Topper Fitness has expressed.interest in renting the adjoining suite(suite 101)in the fimxre.That space is 1300 square feet and is currently unoccupied.We are willing to lease that space to Topper Fitness.That would put Topper's total square footage for Suites 101 -105 to 6753 square feet. Sincerely, �`..`"'� Donna Krammer JMZ Tequesta Properties,Inc. , _1 . L! , � , �I. - g� _r � - .. 1. 1 .. ---a---- � , -- �r_— _ .Q.__,_ I E.a . '� i/ l� X-��-d—X-�IE_.�� _ �•.�] � .r, �: �;. a�1> =�; �'� ,--.,�`;�' � �y�, c��pm�� ' � �u� ' . :. 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