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HomeMy WebLinkAbout2018 06 11 Public Hearings 400 Special Exception for Licensed Massage Therapy in Town CenterCOMMISSION AGENDA ITEM 400 REQUEST: Informational Consent Public Hearings X Regular June 11, 2018 KS BF Regular Meeting City Manager Department The Community Development Department requests that the City Commission 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 licensed massage therapy services within a proposed spa salon located at the building previously occupied by Wendy's 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 Public Hearings 400 PAGE 1 OF 5 - June 11, 2018 . Property Parcel ID numbers: 3 6-20-3 0-5RF-0000-0020 . Current FLUM Designation: Town Center District . Current Zoning Designations: Town Center T5 (Urban Center Zone) . 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 building previously occupied by Wendy's, 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: "Any other similar retail store or business enterprise permitted in the relevant transect, provided the proposed use is not specifically limited to a different Town Center transect or some other zoning district within the city and provided a special exception is approved by the city commission. " Currently, 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: Public Hearings 400 PAGE 2 OF 5 - June 11, 2018 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. 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 Center regulations. The proposed development will be designed to implement the goals and 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 Comprehensive Plan and Code. Health-related massage therapy and spas are not expected to have 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 feet); see subsection 20-324(9) for these limitations. The Special Exception will be located in an 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 Public Hearings 400 PAGE 3 OF 5 - June 11, 2018 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 proposed development being successful within the town center; The proposed Special 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. 2. Is the minimum waiver from the town center regulations necessary to make possible the reasonable use of the land, building or structure; The minimum waiver is being requested in order to allow the licensed massage therapy use as a conditional accessory use to a holistic health and wellness spa. 3. Is in harmony with the general intent and purpose of the town center regulations; The 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 or property; and The proposed special exception will operate in harmony with land use 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 consideration. The proposed Special Exception has no foreseen detrimental effects on any 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: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Public Hearings 400 PAGE 4 OF 5 - June 11, 2018 Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at six (6) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Staff recommends that the City Commission approve 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 that offers a range of other wellness -related services expressly authorized by the Town Center Code. ATTACHMENTS: 1. Vicinity Map 2. Special Exception Application Public Hearings 400 PAGE 5 OF 5 - June 11, 2018 � B V Proposed Brassfield Spa" Vie;- ' •_ d-f v .4 ' # _� g '� \ r° _ N'�'�. fi IN % j..00, ,t 150 0004,_-v r r IF �� kgs AN 00 °F r, f ti.� �� � imp. r.� . ♦ a +. ;�.. � � y ' �K ��' JAS y� � - � '"���"' '� ♦_ . ' � ^�'N ` � ~ � W N E S S CONDITIONAL USE PERMIT REQUEST Taken from Winter Springs Code of Ordinances, Section 20-33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: o What is the Conditional/Special Exception Use you are requesting? Massage therapy as defined in Florida Statutes Sections 456 and 480 (2017), and Rule 6487 in the Florida Administrative Code Massage Practice Act. o How is the Conditional Use (including its proposed scale and intensity, traffic - generating characteristics, and offsite impacts) compatible and harmonious with adjacent land uses? The conditional or special exception use is compatible with the city's adjacent land uses with no greater impacts than a tanning salon, or small specialty stores, or medical offices, or Publix, and in that the Spa attracts families like the adjacent land uses. (See Location map for location within the Town Center). The proposed use's scale and intensity remains lower (in) impacts than the former use, Wendy's fast food. The space formerly housed a fast food restaurant. Fast food restaurants create greater impacts to the city's infrastructure than Spa services such as a nail and a massage therapy salon. The fast food restaurant use was already in the city's code notwithstanding its greater impacts. The current code may reflect an oversight in its omission of the (health-related) massage therapy use because massage therapy services in spas and nail salons are popular with families and a common service use. Physicians often prescribe massage therapy for car accidents, sports injuries, other iniuries and overall wellness. When an individual sees the ad for a "Spa" often it is expected that massage therapy will be a service available in the Spa, not must nail salon services. Health-related massage therapy and the spas where this use is commonly offered provide the benefit of a clean business use in that there are no added adverse road impacts or environmental impacts. The massage therapy use will generate positive economic impacts on the Winter Springs community and nearby businesses as it has in other Florida cities like the City of Lauderdale Lakes. The positive economic impacts are compatible with the city's and county's growth management plans and economic development plans. o Will the Conditional Use adversely impact land use activities in the immediate vicinity? If no, why not? No. The conditional use operates in harmony with land use activities in the immediate vicinity. Current similar land use activities in the immediate vicinity such as tanning bed services, gyms, and medical wellness services, all serve the immediate vicinity in the same way as the special exception use of massage therapy services. The massage therapy spa use complements the current land use activities in the immediate vicinity. The impacts of both the current land use activities and the conditional land use activities are positive for the economic growth and health of the community' and for the intended character of the town center in attracting productive citizens health conscious tourists, and clean businesses. o Demonstrate how the size and shape of the site, the proposed access and internal circulation, and the design enhancements are adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The fonner use of a fast food restaurant established the size and shape of the lot with free-flowing access and internal circulation, design enhancements such as sitting areas and exterior beauty. The basic size and shape in the already developed lot will not change. The Spa will refresh the exterior appearance of the former fast food restaurant and provide a more appealing aesthetic design. The interior changes will be both functional and pleasing to the eve. The site already meets the required sufficient size to accommodate design amenities such as screening buffers, landscaping, open space, off-street parking and other site plan improvements needed to mitigate against potential adverse impacts of the proposed use. The Spa (nail services, massage therapy services) uses create less impacts than the fast food restaurant uses. E3 Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values? If no, why not? No, the Spa uses will have positive impacts on the local economy; including (but not limited to) the attraction of tourists, individuals and families to visit and settle in the community which creates positive economic growth, contributes to local government fiscal goals, provides increased available iob opportunities, and supports sustained growth in property values because the Victoria Edward Spa & Wellness Center, LLC business model establishes a clean operating and in demand business as reflected from the examples of similar businesses in Florida and throughout the world. o Will the proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards? If no, why not? No, the proposed use (Spa) will have minimal to negligible impacts on the natural environment, open space, vegetation or flood hazards because the business operates clean preserving the natural environment, the open space has previously been established and preserved, the vegetation has already been enhanced by previous development by the fast food chain and other surrounding businesses, and flood hazards have been previously considered when establishing the Town Center and the fast food business previously located at 1186 Tree Swallow Dr., Winter Springs, FL 32708 (Lot 2 on legal description). o Will the proposed use have an adverse impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources? If no, why not? No, the spa massage therapy use does not adversely impact the already approved and set aside historic, scenic and cultural resources of the planned community. The spa massage therapy use does not request any change or amendment to the current plan that would impact historic scenic or cultural resources but merely adds the common use within a nail salon and spa of massage therapy. The spa use of massage therapy, as clearly defined and regulated by Florida law, is such a common use within a modern spa for nail salon services that it is apparent that the lack of inclusion in the current code was an oversight. Florida law ensures what massage therapy entails by a clear definition in its law and regulations. Florida law oversees the professional regulation of massage therapy because it provides a well-established health- related therapeutic benefit. o Will the proposed use have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities? If no, why not? No, the proposed use will not adversely impact any of the above-listed public services in that the previous use of a fast food restaurant carried with it greater foreseeable adverse impacts; and the Spa and healthcare related massage therapy use carries with its use a reduced adverse impact from the lots previous use, a clean use and multiple positive economic impacts o Will the proposed use have an adverse impact on housing and social conditions, including a variety of housing unit types and prices, and neighborhood quality? If no, why not? No. The proposed use is commercial and business in relationship to the city's Town Center District area It does not involve housing and social conditions except that it improves the area economically so that its citizens may afford nicer houses better social relationships, and an improved overall quality of life. Am 1111106 PHILLIPS EDISON & COMPANY May 9, 2018 City of Winter Springs Community Development Department 1126 State Road 434 Winter Springs, FL 32708 RE: Amended Authorization for the following site location in Winter Springs, Florida: Address: 1186 Tree Swallow Drive, Winter Springs, FL 32708 Dear Mr. Fields: The undersigned Winter Springs Station LLC ("Owner") is the Owner of the property located at 1186 Tree Swallow Drive, Winter Springs, FL 32708 (the "Property"), as such Property is described in Exhibit A, and is currently undergoing lease negotiations for a portion of said Property known as OUTLO, containing approximately 2,968 square feet, with Victoria Edward Spa & Wellness Center, LLC, a Florida limited liability company ("Tenant") for the operation of a Victoria Edward Spa & Wellness Center offering day spa services such as nail services and hair styling, teeth whitening, eyebrow threading, waxing and hair removal, massages, and facials. Owner acknowledges, consents to, and supports Tenant submitting to the City of Winter Springs Community Development Department (the "City") an application for a zoning variance ("Application"), which will allow Tenant to operate a day spa offering the above -referenced day spa services out of OUTLO, provided however that Owner's acknowledgment, consent to, and support of the Application is conditioned upon the following stipulations: (1) Owner makes no representations, warranties, covenants or certifications in connection with the Application. (2) Owner does not agree to incur any cost or expense in connection with the Application. (3) In the event that a lease agreement between Tenant and the Owner is not executed, the Application and the City approval(s) granted in connection therewith shall be null and void and Owner and the Property shall not be bound by, or liable in any way under, the Application or such approvals. 1501 NORTHLAKE DRIVE CINCINNATI. OH 45249 T 513. SSU , 10 T 89u.a75.&5 5 F 513.539 i 920 PHILLIPSEDISON.COM CINCINNATI SALT LAKE CITY NEW YORK ATLANTA jmLlwiL. PHILLIPS EDISON & COMPANY Sincerely, Winter Springs Station LLC a Delaware limited liability company By: Phillips Edison Grocery Center Operating Partnership I L.P., a Delaware limited partnership, its sole member By: Phillips Edison Grocery Center OP GP I LLC, a Delaware limited liability company, its;_Qoffeiral Partner NAME: Robert F. Myers TITLE: Vice President COUNTY OF HAMILTON STATE OF OHIO 2• Be it remembered that on this I day of fidam 2018, before me, a Notary Public in and for the said county and state, personally appeared Robert yers, the Vice President of Phillips Edison Grocery Center OP GP I LLC, the General Partner of Phillips Edison Grocery Center Operating Partnership I L.P., the sole member of Winter Springs Station LLC, who is personally known to me and who acknowledged that he did sign the foregoing instrument and that the same is his free and voluntary act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by notarial seal on the date and year above mentioned. 141- ' /CO IRATI l} r J� s N DATE KR�TY B13WELl PUbiG, 81A19dONO EON 03 -ISM ISOI NORTHLAKE DRIVE I CINCINNATI. OH 45?,:4 T 513.554 ; l 10 T 800.875.5585 F 513.$54 1820 PHILLIPSEDISOM.GOM SALT LAKE CITY ATLANTA /10 ~ Aiie;.. PHILLIPS EDISON & COMPANY EXHIBIT A Lot 2, Winter Springs Town Center, according to the plat thereof, as recorded in Plat Book 64, Pages 63 & 64, Publix Records of Seminole County, Florida I 1501 NORi HLAKL ©RIVE CINCINNATI, OH 45244 T 513. 555.; i 10 T 8000-75.6585 t 513.554.!820 PHILLIPSEDISON.COM CINCINNATI SAY !-AKE CITY NEW YORK ATLANTA LOCATION MAP FOR SPECIAL EXCEPTION APPLICATION VICTORIA EDWARD SPA & WELLNESS CENTER, LLC EXHIBIT A–SITE PLAN P0 .IP ave ¢G0 eek 6� to /1—\ See highlighted area: Lot 2 from Parcel 4 1186 Tree Swallow Dr. ,--]Demised Premise -sl s i B:M!!IDAT �N TREE SWALLOW DRIVE _ tf:�i1 �` a �/ .. Op ' f/Cweac Publlx \` aarac_ El : V — T5 •. J E STATE ROM1411 {37,000 VPp D6CL.1ME14' TAa vu Plan:i h. y<rera::X:rmaes pvpvasi wYl axs a rqt .cMx� as cmeue reprnenabeni ac] .+..vasa H WMe.e a: m Ae e.xMP cane rt.� CrMarM1 IWsss! Mm o+ ire Ec•ic+a' e. nsave M arty ec:veanis ?: rc:l ------------ .--__AL3___.__e i .mIIIIIIIIILJNML PHILLIPS EDISON 6 COMPANY DISCLAIMER - This Site Plan is for general information purposes only and is not intended to constitute representations and warranties by Landlord as to the ownership of the real property depicted herein or the identity or nature of any occupants thereof, excluding the areas specifically identified in the legend of this Site Plan and except as otherwise expressly provided for in body of this Lease to the contrary.