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HomeMy WebLinkAboutDRC - Downtown at the Gardens 082010Pamas CITY OF PALM BEACH GARDENS E MEMORANDUM TO: Officer Julius Barone, Police Scott Fetterman, Fire Marshall Mark Hendrickson, Forestry Steven Kennedy, Building Official David Reyes, Code Enforcement Via PBG Email: Bahareh Wolfs, Development Compliance Jack Doughney, Community Services Charlotte Presensky, Public Works Ray Ellis, City Clerk Todd Engle, Construction Services Ross Gilmore, GIS Mike Kelly, Parks Division Donna Cannon, City Clerk Max Lohman, City Attorney Angela Wong, Operations DATE: August 03, 2010 FROM: Richard Marrero, Senior Planner rmarrero(c,pbgfl.com 561- 799 -4219 (direct line) 561- 799 -4281 (fax) SUBJECT: Downtown at the Gardens — Requesting approval of a major conditional use to allow for a lounge to be located within Building B/C of the shopping center Please provide your comments on the subject DRC petitions to the Growth Management Department no later than 5:00 p.m. on Wednesday, August 18, 2010. Your comments must be forwarded to our office (attn: Richard Marrero (rmarreroLpbSfl.com) in order to provide written comments to the applicant in accordance with the timeframes established in the City's Land Development Regulations. Your comments must be provided by the deadline stated above. Should you have no comments, please indicate so next to your name on the second page and forward this memo to our office. Additional copies of the application are available in the Growth Management Department. Thank you for your attention to this matter. MEETING DATE: A Development Review Committee meeting will be held on Friday, August 20, 2010 at 11:00 a.m. in the City Council Chambers to review the following development applications: PALM BEACH GARDENS PETITION NUMBER CUMJ- 10 -08- 000018 A request by Donaldson Hearing and Alessandria Kalfin, agent for the applicant, for a approval of a major conditional use to allow for a lounge to be located within the first floor of Building B/C (formerly where the Strip House and City Kitchen were located). "Please note that this is a request for a conditional use approval, which means that the use is not permitted by right, but may be allowed if City Council approval is obtained. The applicant has provided responses to the conditional use criteria in their project narrative. Please review the criteria and associated site plan. Additional copies can be made. Please let me know if you require additional copies and I will provide them to you. The applicant will be in attendance at this meeting. Our office requests your participation in the review of this project. Please review this request and attend the meeting if possible. Receiving your comments prior to the meeting will provide staff with the ability to give proper direction to the applicant. Thank you for your ongoing cooperation and assistance. Please contact me at 799 -4219 should you have any questions or comments. Officer Julius Barone, Police Scott Fetterman, Fire Marshall Mark Hendrickson, City Forester Steven Kennedy, Building Official Jack Doughney, Community Services Todd Engle, Construction Services Charlotte Presensky, Public Works Mike Kelly, Parks David Reyes, Code Enforcement Max Lohman, City Attorney Angela Wong, Operations Attachment: Complete Project Submittal by the applicant received by the City on 07.30.2010. cc: Natalie M. Wong, AICP, Director of Planning and Zoning Ray Caranci, Forestry Division Patricia Snider, City Clerk Stephen Stepp, Police Chief Donaldson Hearing, Cotleur & Hearing Alessandria Kalfin, Cotleur & Hearing 2 Cotleur& HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic# LC- C000239 July 30, 2010 Ms. Natalie Wong, Growth Management Administrator City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Subject: Downtown at the Gardens Conditional Use Request CH# 00- 1003.03 Dear Ms. Wong, Please find herein a major conditional use application for the approval of a tapas bar /lounge to be located at Downtown at the Gardens. After considerable time, research and effort (not to mention countless prospects), Downtown has found an entertainment group with myriad operational experience, an excellent, upscale concept and very strong financial backing that can be trusted to run the type of lounge where residents and visitors can enjoy appetizers/ light fare and premium cocktails in a luxurious environment. It is the belief of Downtown's management that that this use will fill a major "void" at the center as well as in the City. Currently an upscale lounge designed for the mature population of Palm Beach Gardens (and north county) does not exist.. Downtown would like to bring this use to the City and to its center. To ensure the success of this new operator, it is imperative for Downtown to attain conditional use approval and receive a building permit by November 2010 so that the operator can open their doors in January 2011, when the heart of the season is upon us. Opening any later than January may have a significant impact on the success of this new business. We hope that City staff will work with us to accomplish this goal and we thank you in advance for your assistance and cooperation in this matter. To expedite this process, if you have any questions regarding this application please contact me directly at 561 - 747 -6336 x128 so we can resolve issue right away. Sincerely, 4&Au� Alessandria Kalfin Land Use Planner r8C�I Cc: Kevin Berman Jeff Berman Cotleur& HearingLandscape Architects I Land Planners I Environmental Consultants 1934 Commerce Lane • Suite 1 • Jupiter, Florida • 33458 • Ph 561.747.6336 • Fax 561.747.1377 • www.cotleurhearing.com • Lic# LC- C000239 Downtown at the Gardens Major Conditional Use Justification Statement Introduction On behalf of the applicant and property owner, Downtown at the Gardens Associates, LTD, we are requesting approval of a major conditional use for Downtown at the Gardens. The applicant is requesting a lounge use to be permitted within Downtown. Per Resolution 212 -200 Exhibit E "Downtown at the Gardens Permitted Uses ", a nightclub /bar /lounge is an approved conditional use requiring City Council approval. Specific Requests and Fees Major Conditional Use Legal Review Escrow TOTAL Project Team PROPERTY OWNER /APPLICANT Downtown at the Gardens Associates, LTD 5410 Edson Lane, Suite 220. Rockville, MD 20852 (321) 816 -1555 Contact: Kevin Berman $3,300.00 $1,000.00 $4,300.00 AGENT/ PLANNER / LANDSCAPE ARCH. Cotleur & Hearing, Inc. 1934 Commerce Lane, S. 1 Jupiter, FL 33458 (561) 747 -6336 x 128 Contact: Donaldson Hearing/ Alessandria Kalfin Background Downtown at the Gardens changed ownership in July of last year to Berman Enterprises, a 50 year old family owned real estate development corporation based in Maryland. Berman Enterprises began managing the center with an eye towards reversing the trends that lead to the Center's decline. Since taking over operations, they have done just that. Their primary focus has been introducing improvements geared towards pedestrian movement in and around the center where the action should be taking place. The Berman's have initiated excellent entertainment programming to attract people to the Center and center court specifically. From talent shows to live local bands, the center court is finally being operated to its highest and best use. These activities provide entertainment for many Palm Beach Gardens residents but the key concept in reviving the center court is to provide something for everyone. The next step to this revival is to provide a use that is attractive for the mature audience. The Berman's feel that a sophisticated lounge linked to the center court is the answer. pC�C/TY F e Cy GQ �t 30?410 q NNING 4 1NING Downtown at the Gardens Conditional Use — Lounge CH 00- 1003.03 July 30, 2010 The proposed use will be located on the central court of Downtown where there is a direct pedestrian connection to all areas of the center, in addition to all of the parking areas. b. Providing for a safe and effective means of vehicular ingress and egress; Vehicular ingress and egress from roads exterior to the site has been approved in previous applications. c. Providing for an adequate roadway system adjacent to and in front of the site; The roadway system adjacent to and in front of the site was found acceptable and approved in previous applications. d. Providing for safe and efficient onsite traffic circulation, parking, and overall control; The proposed use will be located directly adjacent to the east valet providing for efficient onsite traffic circulation, parking and overall control. The use will also be within a very short walking distance of the main parking garage. e. Providing adequate access for public safety purposes, including fire and police protection. As approved in previous petitions, adequate access for public safety has been provided for the subject use. All roadways internal to the site are wide enough for emergency vehicles. Fire lanes have been provided as well as sufficient turning radii. (5) Screening and buffering. The proposed use utilizes such techniques as landscaping, screening, buffering, site or building design, or business operation procedures to mitigate impacts on surrounding properties, including such impacts as: a. Noise; b. Glare; c. Odor; d. Ground -, wall -, or roof - mounted mechanical equipment; e. Perimeter, interior, and security lighting; f. Signs;. g. Waste disposal and recycling; h. Outdoor storage of merchandise and vehicles; i. Visual impact; and j. Hours of operation. 3 Downtown at the Gardens Conditional Use — Lounge CH 00- 1003.03 July 30, 2010 The applicant is not proposing new development due to this request. The use will be located within an existing building. (11) Purpose and intent. The proposed use will be in harmony with the general purpose and intent of this chapter and the goals, objectives, and policies of the city. The proposed use is a permitted conditional use for commercial districts per the Land Development chapter of the Code of Ordinances. Although the subject site is zoned PCD, the DRI in which it is located is intended to be a commercial regional center with a broad mix of uses including retail, restaurant, office, medical, and high- density residential /hotel. The proposed use is consistent with the purpose and intent of the DRI and this chapter. Downtown is the ideal place for this type of use as it is a regional attraction where visitors would expect and desire to find such a use. (12) Adverse impact. The design of the proposed use and structures will minimize any adverse visual impacts or impacts caused by the intensity of the use. The proposed use will be located within an existing, city approved structure; there will not be any adverse impacts due to the structure. The structure is currently designated and approved by the City as restaurant and was previously functioning as two restaurants for several years. Both restaurants had a lounge as an accessory use and neither posed an adverse impact to the Regional Center. The proposed lounge will be no more intense then the two previous restaurants; the traffic and parking rates compare. (13) Environmental impact. The design of the proposed use minimizes any adverse impacts that may be created, including impacts on environmental and natural resources including air, water, stormwater management, wildlife, vegetation, and wetlands. The proposed use will not have any adverse impacts to the environment. The use is proposed to be located within an existing, approved center. No development is required to accommodate this use. Conclusion The applicant is requesting a major conditional use for Downtown at the Gardens. The request is to add a new lounge use for Building B /C, on the central court. The requested modifications are consistent with the City Land Development Regulations, the Comprehensive Plan of Palm Beach Gardens, and the Regional Center DRI. We are looking forward to working closely with staff throughout the review process for this request. 5