HomeMy WebLinkAbout2018 06 06 Public Hearings 400 Special Exception request to allow licensed massage therapy at the proposed Brassfield Spa in the Town Center
PLANNING & ZONING BOARD
AGENDA
ITEM 400
Consent
Information
Public Hearing X
Regular
June 6, 2018
Meeting
REQUEST:
The Community Development Department requests that the Local Planning
Agency/Planning & Zoning Board hold a Public Hearing to consider one special exception request to
the Town Center District Code to permit licensed massage therapy services within a proposed spa salon
in the T5 Transect of the Town Center.
SYNOPSIS:
Victoria Edward Spa & Wellness Center, LLC submitted a special exception application to permit
massage therapy services within a proposed spa salon located at the old Wendy’s building in the Town
Center. Licensed massage therapy services are not currently listed in the City of Winter Springs Town
Center Code Sec. 20-323 list of permitted uses at any location in the Town Center District.
CONSIDERATIONS:
APPLICANT AND PROPERTY INFORMATION:
Applicant/Property owner’s name(s): Victoria Edward Spa & Wellness Center, LLC;
Reg. Agent: Robert Brassfield II
Property Owner: Winter Springs Station, LLC (Phillips Edison & Co.)
Property addresses: 1186 Tree Swallow Drive
Property Parcel ID numbers: 36-20-30-5RF-0000-0020
Current FLUM Designation: Town Center District
Current Zoning Designations: Town Center T5 (Urban Center Zone)
June 6, 2018
Planning & Zoning Board Agenda, Item 400
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Previously Approved Development permits such as conditional use, waiver, or variance (if any):
Not applicable
Pending Code Enforcement Actions (if any): Not applicable
City Liens (if any): Not applicable
APPLICABLE LAW, PUBLIC POLICY, AND EVENTS:
Home Rule Powers
Winter Springs Code of Ordinances
City of Winter Springs Comprehensive Plan
Winter Springs Town Center District Code, Section 20-321(b) (2)
Winter Springs Town Center District Code, Section 20-321(c)
DISCUSSION:
Victoria Edward Spa & Wellness Center, LLC, is seeking to open a new spa and wellness center (the
“Brassfield Spa”) in the Town Center at the old Wendy’s building, located at 1186 Tree Swallow Drive.
The proposed spa is planning to offer a range of wellness and cosmetic services including: hair care,
nail care, skin/facial care, acupuncture, and fitness. The spa uses all natural and organic products, many
of which will be offered for sale.
In addition, the Brassfield Spa is seeking to offer licensed massage therapy as an accessory use at the
spa. The land use of “licensed massage therapy” is not currently allowed in any zoning district in the
City of Winter Springs, including the Town Center. The applicant requests that licensed massage
therapy be allowed at the subject property based on the “similar retail store or business enterprise”
provision in the Town Center Land Use Matrix (“Matrix”), which is stated as follows:
[[300,1942,408,1999][12][B,I,][Times New Roman]]“Any [[408,1942,418,1999][12][B,I,][Times New Roman]] [[418,1942,527,1999][12][B,I,][Times New Roman]]other [[526,1942,536,1999][12][B,I,][Times
New Roman]] [[536,1942,682,1999][12][B,I,][Times New Roman]]similar [[681,1942,691,1999][12][B,I,][Times New Roman]] [[691,1942,801,1999][12][B,I,][Times New Roman]]retail [[799,1942,809,1999][12][
B,I,][Times New Roman]] [[809,1942,908,1999][12][B,I,][Times New Roman]]store [[908,1942,918,1999][12][B,I,][Times New Roman]] [[918,1942,963,1999][12][B,I,][Times New Roman]]or [[962,1942,972,1999
][12][B,I,][Times New Roman]] [[972,1942,1146,1999][12][B,I,][Times New Roman]]business [[1146,1942,1156,1999][12][B,I,][Times New Roman]] [[1156,1942,1360,1999][12][B,I,][Times New
Roman]]enterprise [[1360,1942,1370,1999][12][B,I,][Times New Roman]] [[1364,1942,1568,1999][12][B,I,][Times New Roman]]permitted [[1565,1942,1575,1999][12][B,I,][Times New Roman]]
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New Roman]] [[1701,1942,1800,1999][12][B,I,][Times New Roman]]relev [[1800,1942,1866,1999][12][B,I,][Times New Roman]]ant [[1864,1942,1873,1999][12][B,I,][Times New Roman]] [[1873,1942,2040,1999][1
2][B,I,][Times New Roman]]transect, [[2040,1942,2049,1999][12][B,I,][Times New Roman]] [[2043,1942,2222,1999][12][B,I,][Times New Roman]]provided [[2218,1942,2227,1999][12][B,I,][Times
New Roman]] [[2227,1942,2289,1999][12][B,I,][Times New Roman]]the [[2288,1942,2301,1999][12][B,I,][Times New Roman]]
[[294,2001,488,2058][12][B,I,][Times New Roman]]proposed [[485,2001,499,2058][12][B,I,][Times New Roman]] [[499,2001,568,2058][12][B,I,][Times New Roman]]use [[568,2001,582,2058][12][B,I,][Times
New Roman]] [[582,2001,615,2058][12][B,I,][Times New Roman]]is [[615,2001,629,2058][12][B,I,][Times New Roman]] [[629,2001,697,2058][12][B,I,][Times New Roman]]not [[696,2001,710,2058][12][B,I,][Ti
mes New Roman]] [[710,2001,940,2058][12][B,I,][Times New Roman]]specifically [[940,2001,954,2058][12][B,I,][Times New Roman]] [[954,2001,1100,2058][12][B,I,][Times New Roman]]limited
[[1097,2001,1111,2058][12][B,I,][Times New Roman]] [[1111,2001,1150,2058][12][B,I,][Times New Roman]]to [[1150,2001,1164,2058][12][B,I,][Times New Roman]] [[1164,2001,1189,2058][12][B,I,][Times
New Roman]]a [[1189,2001,1203,2058][12][B,I,][Times New Roman]] [[1203,2001,1382,2058][12][B,I,][Times New Roman]]different [[1381,2001,1395,2058][12][B,I,][Times New Roman]] [[1395,2001,1512,2058]
[12][B,I,][Times New Roman]]Town [[1512,2001,1525,2058][12][B,I,][Times New Roman]] [[1525,2001,1664,2058][12][B,I,][Times New Roman]]Center [[1663,2001,1676,2058][12][B,I,][Times New
Roman]] [[1676,2001,1840,2058][12][B,I,][Times New Roman]]transect [[1839,2001,1852,2058][12][B,I,][Times New Roman]] [[1852,2001,1897,2058][12][B,I,][Times New Roman]]or [[1896,2001,1909,2058][12]
[B,I,][Times New Roman]] [[1909,2001,2015,2058][12][B,I,][Times New Roman]]some [[2015,2001,2028,2058][12][B,I,][Times New Roman]] [[2028,2001,2137,2058][12][B,I,][Times New Roman]]other
[[2136,2001,2149,2058][12][B,I,][Times New Roman]] [[2147,2001,2288,2058][12][B,I,][Times New Roman]]zoning [[2288,2001,2301,2058][12][B,I,][Times New Roman]]
[[300,2060,442,2117][12][B,I,][Times New Roman]]district [[441,2060,454,2117][12][B,I,][Times New Roman]] [[454,2060,585,2117][12][B,I,][Times New Roman]]within [[585,2060,598,2117][12][B,I,][Times
New Roman]] [[598,2060,662,2117][12][B,I,][Times New Roman]]the [[662,2060,675,2117][12][B,I,][Times New Roman]] [[675,2060,747,2117][12][B,I,][Times New Roman]]city [[747,2060,760,2117][12][B,I,][
Times New Roman]] [[760,2060,841,2117][12][B,I,][Times New Roman]]and [[838,2060,851,2117][12][B,I,][Times New Roman]] [[845,2060,1031,2117][12][B,I,][Times New Roman]]provided [[1028,2060,1041,211
7][12][B,I,][Times New Roman]] [[1041,2060,1066,2117][12][B,I,][Times New Roman]]a [[1066,2060,1079,2117][12][B,I,][Times New Roman]] [[1079,2060,1222,2117][12][B,I,][Times New Roman]]special
[[1220,2060,1233,2117][12][B,I,][Times New Roman]] [[1233,2060,1430,2117][12][B,I,][Times New Roman]]exception [[1430,2060,1443,2117][12][B,I,][Times New Roman]] [[1443,2060,1476,2117][12][B,I,][Ti
mes New Roman]]is [[1476,2060,1489,2117][12][B,I,][Times New Roman]] [[1489,2060,1680,2117][12][B,I,][Times New Roman]]approved [[1677,2060,1690,2117][12][B,I,][Times New Roman]] [[1690,2060,1737,2
117][12][B,I,][Times New Roman]]by [[1737,2060,1750,2117][12][B,I,][Times New Roman]] [[1750,2060,1814,2117][12][B,I,][Times New Roman]]the [[1814,2060,1827,2117][12][B,I,][Times New
Roman]] [[1827,2060,1899,2117][12][B,I,][Times New Roman]]city [[1899,2060,1912,2117][12][B,I,][Times New Roman]] [[1912,2060,2197,2117][12][B,I,][Times New Roman]]commission.” [[2196,2060,2221,211
7][12][B,I,][Times New Roman]]
Currently, arguably similar wellness services, such as hair, nail and tanning salons, are expressly listed as
a permitted use in the Matrix for properties that have a T-4 transect designation. Staff recommends
that the City Commission consider approving the proposed licensed massage therapy use at the subject
property as a conditional accessory use to a holistic health and wellness spa that offers a range of other
wellness-related services expressly authorized by the Town Center Code, such as skin care, hair care,
nail care, acupuncture, and fitness. As a conditional accessory use, the approval shall be limited to the
subject property and subject to Section 20-36(a) of the City Code:
Sec. 20-36. - Expiration of conditional use, variance and waiver approvals.
(a) Any conditional use, variance or waiver approved by the city commission under this
Division shall expire two (2) years after the effective date of such approval by the city
commission, unless a building permit based upon and incorporating the conditional use,
variance, or waiver is issued by the city within said time period. Upon written request of the
property owner, the city commission may extend the expiration date, without public hearing, an
additional six months, provided the property owner demonstrates good cause for the extension.
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Planning & Zoning Board Agenda, Item 400
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In addition, if the aforementioned building permit is timely issued, and the building permit
subsequently expires and the subject development project is abandoned or discontinued for a
period of six months, the conditional use, variance or waiver shall be deemed expired and null
and void.
The applicant has applied for the interior buildout permits and has filed a change of use form for the
Brassfield Spa.
Per the Winter Springs Town Center District Code, Section 20-321(c), special exceptions in the Town
Center District must meet the following criteria:
(1) The city commission may by special exception waive strict compliance with provisions of this code
in furtherance of promoting the town center policies adopted by the city. In granting a special
exception, the city commission must find by substantial competent evidence that:
a. The proposed development contributes to, promotes and encourages the improvement of the Winter
Springs Town Center and catalyzes other development as envisioned in the Winter Springs Town
The proposed development will be designed to implement the goals and
Center regulations.
policies of the Comprehensive Plan as they relate to the Town Center, and to continue a
harmonious land use pattern with existing development. The Special Exception use is compatible
with the adjacent land uses- including small specialty stores and service providers and medical
offices.
b. The proposed development will not have an unfavorable effect on the economy of the Winter Springs
Town Center and complies with the economic fiscal impact requirements set forth in the City's
Health-related massage therapy and spas are not expected to have
Comprehensive Plan and Code.
adverse impacts on the Town Center and surrounding areas. Massage therapy services are
typical in spas and nail salons, and a common service use. There are no expected unfavorable
effects on the economy of the Town Center or surrounding areas.
c. The proposed development abides by all rules in this code other than those specially excepted.
Special limitations apply to large footprint buildings (greater than twenty thousand (20,000) square
The Special Exception will be located in an
feet); see subsection 20-324(9) for these limitations.
existing building in the Town Center.
d. The proposed development meets any reasonable additional conditions, restrictions or limitations
deemed necessary by the city commission in order to preserve and promote the intent of the Winter
Springs Town Center District Code.
e. With respect to each waiver requested, the specific waiver shall comply with all of the following:
1. Is a result of special conditions and circumstances which are peculiar to the land, site plan,
structure or building involved and which justify granting the waiver in the context of the overall
The proposed Special
proposed development being successful within the town center;
Exception seeks the special exception for licensed massage therapy services in order to be
in compliance with the permitted uses of the Winter Springs Town Center Code.
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2. Is the minimum waiver from the town center regulations necessary to make possible the
The minimum waiver is being requested in
reasonable use of the land, building or structure;
order to allow the licensed massage therapy use as a conditional accessory use to a holistic
health and wellness spa.
The
3. Is in harmony with the general intent and purpose of the town center regulations;
proposed special exception for licensed massage therapy is in harmony with the Town
Center regulations, provided the massage services are provided as part of a holistic health
and wellness spa.
4. Will not be injurious or incompatible to the town center and any surrounding neighborhood
The proposed special exception will operate in harmony with land use
or property; and
activities in the immediate vicinity. The projected traffic and parking demand from the
spa is considerably less than the demand from the previous building occupant – a fast-
food restaurant with a drive through. The licensed massage therapy services will
complement existing services, and meet a possible need that is not served in the Town
Center currently.
5. Will not create a public nuisance or be detrimental to the public health, safety, and welfare
relative to public services including water, sewer, surface water management, police, fire, parks
and recreation, streets and traffic patterns, public transportation, marina and water ways, bicycle
and pedestrian facilities. The proposed development was designed with the above taken into
The proposed Special Exception has no foreseen detrimental effects on any
consideration.
of the public services listed above.
FISCAL IMPACT:
The special exception will allow the proposed Brassfield Spa to offer licensed massage therapy in
addition to the range of wellness services planned at this facility. The special exception has no direct or
immediate fiscal impact; however, it does enhance the ability for the Brassfield Spa to be successful at
this location as well as offering a service that is not currently available in the Town Center and
surrounding areas.
:
COMMUNICATION EFFORTS
The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board
members and are available on the City’s Website, LaserFiche, and the City’s Server. The Agenda has
been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff.
Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner’s
Associations on file with the City, all individuals who have requested Agenda information, Department
Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for
the general public.
STAFF RECOMMENDATION:
Staff recommends that the Local Planning Agency/Planning & Zoning Board forward a
recommendation of approval to the City Commission for a special exception to allow licensed massage
therapy use at the subject property as a conditional accessory use to a holistic health and wellness spa
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Planning & Zoning Board Agenda, Item 400
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that offers a range of other wellness-related services expressly authorized by the Town Center Code
ATTACHMENTS:
1.Vicinity Map
2.Special Exception Application