City of Parkland Planning and Zoning Department 6600 University Drive, Parkland, FL Phone (954) Fax (954)

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1 City of Parkland Planning and Zoning Department 6600 University Drive, Parkland, FL Phone (954) Fax (954) INSTRUCTIONS TO APPLICANTS: SPECIAL EXCEPTION USE APPLICATION 1.Please complete all questions on the application. If not applicable, indicate with N/A. 2.Provide required attachments as shown on the attached checklist. STAFF USE ONLY Intake Date: By: Fee Paid: Receipt: Petition #: 3.Filing Fees required to be paid: a. Special Exception Use Application - a filing fee in the amount of two thousand five hundred dollars ($2,500) for a filing fee, one thousand nine hundred dollars ($1,900.00) for advertising fees, engineering fees in the amount of one thousand dollars ($1,000.00) and an initial escrow in the amount of one thousand dollars ($1,000) for professional fees. (Please note that the escrow must maintain a minimum balance of $ at all times.) Since advertising and professional costs vary, the final amount due will be reconciled upon receipt of newspaper and professional contractor invoices. I. PROPERTY OWNER AND AGENT INFORMATION Property Owner(s) of BARCLAY MILLENNIUM LLC Record: 101 Marietta St., Ste Address: City: Atlanta ST: GA Zip: Phone: Address: Applicant (if other than owner): Address: City: ST: Zip: Phone: Address: Steven S. Wherry, Esq., Greenspoon Marder, P.A. Mazeltof@aol.com Agent & Company Name: 100 W. Cypress Creek Road, Suite 700 Fort Lauderdale FL Address: City: ST: Zip: (754) steven.wherry@gmlaw.com Phone: Address: Consultants: If applicable to your request, please attach a separate list of all consultants that will provide information on this request. You should include the name, address, telephone number, and fax number as well as the type of professional service provided. II. PROPERTY LOCATION A. Is the subject property located within one mile of another municipality? [ X ] yes [ ] no If yes please specify: Coconut Creek, Unincorporated Broward County, Palm Beach County B. Folio Number: If additional folios, list on a separate sheet and attach to the application. Folio: [ 4 ] [ 7 ] -- [ 4 ] [ 1 ] -- [ 3 ] [ 6 ] -- [ 0 ] [ 2] [ 0 ] [ 0 ] [ 5] [ 0] [ ] [ ] [ ] [ ] [ ] C. Section: Township: Range: Total Acreage of Subject Property D. Project Name: Riverstone Shoppes Commercial Center 02/05/2009 Page 1 of v1

2 E. Project Address: North State Road 7 F. General Location Description (proximity to closest major intersection in miles or fractions thereof): LocatedonthewestsideofStateRoad7,1/4milenorthoftheintersectionofW.HillsboroBlvd.andStateRoad7 III. PROJECT HISTORY (List in sequence from first application to most recent attach additional page if necessary): Petition Number Request Action Date Resolution Number Site Plan for acre commercial site Approved 12/13/2000 R Site Plan Amendment- relocate monument sign Approved R Site Plan Amendment- shared parking study Approved 4/20/2005 R Case 01-SE-05 Special Exception Use Approved 8/17/2005 R IV. ADJACENT PROPERTIES Adjacent Property to the: SUBJECT SITE NORTH SOUTH EAST WEST Land Use Designation Zoning Designation Existing Use(s) of Property Approved Use(s) of Property* C Commercial B-2 Comm. Business Dist. Commercial Commercial C Commercial B-2 Comm. Business Dist. Commercial Commercial C Commercial BCB-3 and B-2 Commercial Commercial LM10(Coconut Creek) PUD Dist.(Coconut Creek) Residential Residential Resid. Irreg. 3.3 du/ac PUD District Residential Residential Petition & Resolution Number If adjacent land supports a previous approval by the City of Parkland, please include a brief description of the approved use(s) and the approved square footage or number of dwelling units. V. COMPLIANCE A. Is property in compliance with all previous conditions of approval and/or applicable Code requirements? [ X ] yes [ ] no List conditions and explain how the property is now in compliance. B. Code Enforcement Case Number(s): n/a 02/05/2009 Page 2 of v1

3 VI. APPLICANT S STATEMENT OF JUSTIFICATION (Attach additional sheets if necessary) The applicant is to explain how the request conforms to the following findings: A. The positive and negative effects the proposed use will have on the neighborhood or area and the community in general and the design of the proposed use will minimize adverse effects, including visual impact and intensity of the proposed use on adjacent lands. See attached justification statement. B. How does the proposed use affect the design capacity of the adjacent roadways, what are the particular traffic generation characteristics of the proposed use, including the type of vehicular traffic associated with such use, and what are the traffic generation characteristics of other uses permitted in the particular zoning district. See attached justification statement. C. What is the availability of and impacts upon the capacity of utilities, community facilities and public services such as police and fire protection, water and sewer service, etc. See attached justification statement. D. How does the proposed use conform to the stated goals, objectives, policies and land uses established by the City s Comprehensive Plan. See attached justification statement. 02/05/2009 Page 3 of v1

4 E. That the proposed request will ensure general compatibility with adjacent properties and other property in the district (use and character). See attached justification statement. F. That the proposed request complies with all Code of Ordinance standards for use, layout, function and general development characteristics. See attached justification statement. G. That the proposed request is not out of scale with the needs of the neighborhood or City. See attached justification statement. OWNER ACKNOWLEDGEMENT 02/05/2009 Page 4 of v1

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6 City of Parkland Planning and Zoning Department 6600 University Drive, Parkland, FL Phone (954) Fax (954) SPECIAL EXCEPTION USE SUBMITTAL CHECKLIST PLEASE CHECK YES NO N/A X X X X X X X I. GENERAL a. A completed application signed by owner, agent and/or applicant. Agent s authorization or power of attorney must be attached if applicant is other than owner. b. Required application fee. c. Copy of Warranty Deed including property control number or folio number and legal description of the property. d. Recent aerial photograph of the site and adjacent properties with a minimum scale of 1 =300. e. Ten (10) copies of a survey (not more than a year old) including any and all easements of record (referenced by OR Book and page, signed and sealed by a surveyor registered in the State of Florida.) f. An impact analysis report in accordance with Section of the Code of Ordinances g. A Site Plan in accordance with subsection 13-65(d) of the Code of Ordinances except for 13-65(d)(10), (15), (16), (19), (21) and (23) 02/05/2009 Page 6 of v1

7 City of Parkland Planning and Zoning Department 6600 University Drive, Parkland, FL Phone (954) Fax (954) SPECIAL EXCEPTION USE PROCESS Total time approximately 3 to 4 months 3-5 days Complete Application Submission Project Sufficiency (Exact date of DRC Meeting determined by sufficiency date) 5 weeks 3 to 5 weeks Development Review Committee (DRC) 2 nd or 4 th Tuesday of each month Public Hearing *Mail Out Development Review Committee Certification Planning and Zoning Board/Public Hearing 2nd Thursday of the month days prior to public hearing 300 radius *Posting days prior to public hearing *Advertise 3 to 5 weeks City Commission Public Hearing 1st Wednesday of the following month (If necessary) Public Hearing Mail Out days prior to public hearing 300 radius Posting 15 days prior to public hearing Advertise days prior to public hearing 02/05/2009 Page 7 of 7

8 Barclay Millennium LLC/Crunch Fitness Special Exception Use Application Supplement VI. Applicant s Statement of Justification Barclay Millennium LLC (the Applicant ) is the owner of Riverstone Shoppes at Parkland, a property located northwest of the intersection of North State Road 7 and West Hillsboro Boulevard at North State Rd. 7 in the City of Parkland (the Property ). The Applicant has executed a lease with a prospective tenant to operate a 17,448 square foot fitness center to be marketed as Crunch Fitness, and Applicant proposes to make improvements to the Property to allow the fitness center to begin doing business. Crunch Fitness will offer community residents fitness center services that include pressure free enrollment, personal training, online fitness and nutrition, and a mix of bootcamp, yoga, body sculpting, pilates, and other classic training classes led by personal trainers with certifications in a variety of specialties. Crunch Fitness embraces a nurturing and inclusive No Judgments philosophy that encourages exercise to be fun and attracts a spectrum of people with widely varying fitness goals. Crunch Fitness gyms feature cardio equipment, selectorized machines and free weights, and specialty personal training and group fitness equipment. Crunch Fitness gyms typically operate from 5:00 a.m. to 11:00 p.m. on weekdays and 8:00 a.m. to 7:00 p.m. on weekends. The Property is located within a B-2 Commercial Business Zoning District. The proposed use is most similar to the Gym, health club use indicated by the Sec Master Business List Table of the City of Parkland Code of Ordinances (the Code ) as an allowable special exception use within the City s B-2 zoning districts pursuant to Sec (7) of the Code. At this time, the Applicant is requesting special exception use approval to operate a 17,448 square foot fitness center on the Property pursuant to the review criteria set forth in Section of the Code as follows: A. The positive and negative effects the proposed use will have on the neighborhood or area and the community in general and the design of the proposed use will minimize adverse effects, including visual impact and intensity of the proposed use on adjacent lands. This is a request to permit a 17,448 square foot fitness center gymnasium (the Gym ) within the Property. The Property is zoned B-2. According to Section 22-83(B) of the City s Code, the B-2 District is intended to meet the shopping and personal service needs of several neighborhoods or a substantial territory. To that end, the Code permits a gymnasium as a special exception use. The proposed use will appeal to and draw from residents living in an expanded market area consisting of several neighborhoods. A positive effect of the proposed Gym will be to allow a use in the area that meets the needs v1

9 of the Parkland community. The fact that the Gym will be located within the Riverstone Shoppes of Parkland makes it a convenient location for residents. In addition, the proposed hours of operation will also satisfy the needs of the residents who desire to workout at various times of the day or evening. The design of the Gym will be consistent with the Property and will provide a positive visual impact to the area. The negative impacts, if any, will be confined within a building that is part of a previously approved site plan. Thus, buffers and visual impacts were considered when the shopping center was first approved. Moreover, the Applicant s standard lease terms prohibit tenants from interfering in the quiet enjoyment of other tenants within the shopping center. Other than appropriate signage, Applicant is not proposing to make any changes to the exterior of the building. Any noise generated by the proposed use will be mitigated by sound attenuation material that will be installed on the interior of the leasing space. B. How does the proposed use affect the design capacity of the adjacent roadways, what are the particular traffic general characteristics of the proposed use, including the type of vehicular traffic associated with such use, and what are the traffic generation characteristics of other uses permitted in the particular zoning district. As stated above, the Gym will operate within the existing Riverstone Shoppes of Parkland shopping center. The traffic associated with the Gym will not have a negative impact on the surrounding roadways, as many of the visitors will likely be customers who utilize the existing commercial establishments. Furthermore, considering the proposed hours operation of the Gym and the natural ebb and flow of traffic volume at particular times of day, it is not likely that any later evening or early morning patrons will have a negative impact on the roadways. Any increased vehicular traffic resulting from the proposed use is likely to be de minimus in nature. As to parking impacts within the shopping center, the Applicant has provided a parking study report included as a part of this application. The report, prepared by Thomas A. Hall, Inc., provides the observations, analysis, and conclusions regarding the likely parking impacts of the proposed use on the parking conditions at the shopping center. The report concluded that future total peakseason parking demand at this location (194 parking spaces), including parking impacts generated by proposed use, will be substantially less than the number of parking spaces provided (367 parking spaces), finding that the existing provided parking to be adequate to the needs of the shopping center, including the proposed gymnasium use. C. What is the availability of and impacts upon the capacity of utilities, community facilities and public services such as police and fire protection, water and sewer. The proposed Gym will not have a negative impact on the utilities, community facilities or public services of the City of Parkland. The Applicant will work closely with the City to insure that all services are provided as needed and capacity is sufficient to service the needs of the Property. The existence and availability of, together with the impacts upon capacity of utilities, community facilities, and public services was considered and v1

10 approved originally during the site plan approval process, and no significant changes to these issues are likely as a result of the proposed Gym. D. How does the proposed use conform to the stated goals, objectives, policies and land uses established by the City s Comprehensive Plan. The proposed Gym is consistent with the goals, objectives and policies of the City s Comprehensive Plan. Specifically, the proposed use is consistent with Goal 1, which provides in relevant part that growth and development in Parkland should be planned to achieve a quality community sensitive to the uniqueness of the City s environment and provide for the full needs of the residents. Consistent with that goal, it is the Applicant s objective to attend to the health needs of the community. Additional availability of and access to the proposed Gym will enable residents to exercise at times that are convenient for them, thereby improving and increasing overall mental and physical wellbeing. Also, Policy of the Land Use Element states that the City should require commercial developments to emphasize planning of the total site as a whole in a cohesive form, require the site to be consistent with all architectural standards adopted by the City and be designed so as to be compatible with neighboring uses, development, land uses and zoning. The Gym is located within one building of three so the site is not a strip center. Further, the proposed site will not result in a change in the architectural style or design of the existing building. E. That the proposed request will ensure general compatibility with adjacent properties and other property in the district (use and character). The proposed Gym is generally compatible with adjacent properties and other properties within the district. Specifically, the proposed Gym will serve the nearby residential properties and will be consistent with existing nearby retail uses. Furthermore, as the Gym will be located within the Riverstone Shoppes of Parkland shopping center, obviously it will be compatible in appearance with the existing Riverstone Shoppes of Parkland shopping center. Moreover, to the south and north are commercial shopping centers. To the immediate east is State Road 7 and to the west is Parkwood IX residential subdivision, which will not be adversely impacted by the proposed use due to the fact that all impacts by the use will occur on the east side of the building where the building and perimeter landscape buffers will minimize any negative impacts to surrounding land uses. F. That the proposed request complies with all Code of Ordinances standards for use, layout, function, and general development characteristics. As required, the proposed Gym will comply with layout, function, and general development characteristics of the existing Riverstone Shoppes of Parkland shopping center. The Code prescribes development standards for commercial uses including setbacks, fencing, and screening. The proposed use will be consistent with these requirements v1

11 G. That the proposed request is not out of scale with the needs of the neighborhood or City. The proposed request is in scale with the needs of the neighborhood and the City. Furthermore, given the proposed hours of operation, it is expected that the needs of the neighborhood will be met because the gymnasium will be open from early morning until late night for the convenience of the residents. Attachments: Exhibit A Riverstone Shoppes Parking Study v1

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