HomeMy WebLinkAboutDRC - Downtown at the Gardens 082511Pamas CITY OF PALM BEACH GARDENS
E MEMORANDUM
TO: Officer Julius Barone, Police
Scott Fetterman, Fire Marshall
Mark Hendrickson, Forestry
Scott Danielski, Building Official
David Reyes, Code Enforcement
Aries Page, GIS
Via PBG Email:
Bahareh Wolfs, Development Compliance
Jack Doughney, Community Services
Charlotte Presensky, Public Facilities
Ray Ellis, City Clerk
Max Lohman, City Attorney
Angela Wong, Operations
DATE: August 12, 2011
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 FJ of the shopping center.
MEETING DATE:
A Development Review Committee (DRC) meeting will be held on Thursday, August 25, 2011 at
10:00 a.m., in the City Council Chambers to review the following development applications:
• PALM BEACH GARDENS PETITION NUMBER CUMJ- 11 -08- 000020
A request by Stephen S. Mathison, agent for the applicant, for approval of a major conditional use to
allow for a lounge to be located within the Building FJ of the shopping center. The proposed lounge
use will be located within the existing Cabo Flats restaurant tenant space. The applicant is requesting
approval of a lounge use in order to comply with City and State of Florida regulations pertaining to
alcoholic beverages and gross revenue. The applicant indicates that no change to the existing restaurant
operations will occur as a result of the lounge use approval (please see project narrative and
justification for a more detailed explanation of the subject request).
"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. Please let me know if you require additional copies and I will provide them to
you.
Please provide your comments on the subject DRC petition to the Planning & Zoning Department no
later than 5:00 p.m. on Thursday, August 18, 2011. Your comments must be forwarded to our office
(attn: Richard Marrero (rmarrerogpb .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 comment, 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 Planning & Zoning Department. Thank you for your
attention to this matter.
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
Scott Danielski, Building Department
Jack Doughney, Community Services
Charlotte Presensky, Public Facilities
David Reyes, Code Enforcement
Max Lohman, City Attorney
Angela Wong, Operations
Attachment: Complete Project Submittal by the applicant and received by the City on 08.10.2011.
cc: Natalie M. Crowley, AICP, Director of Planning and Zoning
Ray Caranci, Forestry Division
Patricia Snider, City Clerk
Stephen Stepp, Police Chief
Stephen S. Mathison, Agent
2
CITY OF PALM BEACH GARDENS
DEVELOPMENT APPLICATION
Planning and Zoning Department
CITY OF PALM BEACH GARDENS
10500 North Military Trail
Palm Beach Gardens, FL 33410
(561) 799 -4243 Fax (561) 799 -4281
Request:
F–Planned Community Development (PCD)
F_';Planned Unit Development (PUD)
Amendment to PCD, PUD or Site Plan
(✓ Conditional Use
[— Amendment to the Comprehensive Plan
;Administrative Approval
F_ Administrative Appeal
Project Name: CABO FLATS
Owner: Downtown At The Gardens Associates, Ltd.
Applicant (if notOwner): PGA Mexx, LLC
Applicant's Address:11701 Lake Victoria Gardens
Agent: Stephen S. Mathison, P.A.
f7Annexation
rRezoning
f-Site Plan Review
LConcurrency Certificate
Time Extension
Miscellaneous
j- Other I
Date Submitted:
TelephoneNo. (561) 624 -0029
Contact Person: Stephen S. Mathison E -Mail: steve @mathisonlaw.org
Agent's Mailing Address: 5606 PGA Boulevard, Ste. 211, Palm Beach Gardens, FL 33418
Agent's TelephoneNumber: (561) 624 -2001
Petition Number:
Fees Received
(Application $
Receipt Number:
E_
Date & Time Received:
Engineering$
Architect: N/A
Engineer: N/A
Planner: N/A
LandscapeArchitect: N/A
Site Information: Note: Petitioner shall submit electronic digital files of
approved projects. See attachment for details.
General Location: Corner of Lake Victoria Gardens Avenue and Alternate A-1 -A
Address: 11701 Lake Victoria Gardens Ave., Suite 5101, Palm Beach Gardens, FL 33410
Section: 52 Township: 43 Range: 42
PropertyControl Number(s): 52- 43- 42- 06 -14- 001 -0000
Acreage: N/A Current Zoning: DRI /PCD RequestedZoning: No Change
Flood Zone N/A Base Flood Elevation (BFE) -to be indicated on site plan
Current Comprehensive Plan Land Use Designation: PO
Existing Land Use: Restaurant/Lounge Requested Land Use: Restaurant/Lounge
Proposed Use(s) i.e. hotel, single family residence,etc.: Rest. /Lounge
Proposed Square Footageby Use: No Change
Proposed NumberandType of Dwelling Unit(s) i.e. singlefamily, multifamily, etc. (if applicable):
N/A
2
Justification
Information concerning all requests (attach additional sheets if needed.)
(Section 78 -46, Application Procedures, Land Development Regulations.)
1. Explain the nature of the request: See Attached Narrative.
2. What will be the impact of the proposed change on the surrounding area?
N/A - No Change
3. Describe how the rezoning request complies with the City's Vision Plan and the following elements
of the City's Comprehensive Plan - Future Land Use, Transportation, Housing, Infrastructure,
Coastal Management, Conservations, Recreation and Open space, Intergovernmental Coordination
and Capital Improvement.
N/A - Existing Project
3
4. How does the proposed project comply with City requirements for preservation of natural
resources and native vegetation (Section 78 -301, Land Development Regulations)?
N/A - Existing Project
5• How will the proposed project comply with City requirements for Art in Public Places (Chapter
78 -261, Land Development Regulations)?
N/A - Existing Project
6. Has project received concurrency certification?
Existing Project
Date Received:
Legal Descriptionof the5ubject Property
(Attach additional sheets if needed)
Or see attached deed for legal description.
Location
The subject property is located approximately miles) from the intersectionof
, on the north,[:[east,F-Isouth,IIwest side of
(street /road).
0
2.
Statementof Ownershipand Designationof AuthorizedAgmt
Before me, the undersigned authority, personally appeared KEVIN BERMAN
who, being by me first duly sworn, on oath deposed and says:
That he /she is the fee simple title owner of the property described in the attached
Legal Description.
That he /she is requesting Major Conditional Use
City of Palm Beach Gardens, Florida.
in the
3. That he /she has appointed Stephen S. Mathison, P.A. to act
as authorized agent on his/her behalf to accomplish the above project.
Downtown At The Gardens Associates, Ltd. -
Name of Owner: _
? Kevin Berman, Vice President
Signattuureof Owner By: Name/Title
5410 Edison Lane, Ste. 220 Rockville MD 20852
Street Address
• :..
(561) 747 -1550
City, State, Zip Code
City, State, Zip Code
TelephoneNumber Fax Number
E -mail Address
-1-
Sworn and subscribed before me this `' dayof��t;sff)
fC�
Notary Public
My Commission expires:
03111
5
NOTARY P;"1 i .; ,_,,>!'ATE OF FLORIDA
Ber°ilu:<sana Parsons
Commission #DD973856
MAR. 23, 2014
BONDED'rHRU ,1ri.A\71c BQ�DMG co, INN_
Applicant's Certification
I /We affirm and certify that I /we understand and will comply with the land development regulations of
the City of Palm Beach Gardens, Florida. I We further certify that the statements or diagrams made on
any paper or plans submitted here with are true to the best of my /our knowledge and belief. Further,
I /we understand that this application, attachments, and application filing fees become a part of the
official records of the City of Palm Beach Gardens, Florida, and are not returnable.
Applicant is:�
Signatureof Applicant
F-1 Owner PGA Mexx, LLC
Print Name of Applicant
F_ Optionee
F Lessee
F Agent
11701 Lake Victoria Gardens Ave., Suite 5101
Street Address
Palm Beach Gardens, FL 33410
City, State, Zip Code
(561) 624 -0024
TelephoneNumber
Contract Purchaser (561) 624 -7273
Fax Number
ssommer @caboflats.com
E -Mail Address
I.
Palm Beach Gardens Planning and Zoning Department
10500 North Military Trail, Palm Beach Gardens, FL 33410
561- 799 -4230
Permit
Financial Responsibility Form
The owner understands that all City- incurred professional fees and expenses associated with the
processing of this application request are ultimately the responsibility of the owner. A security
deposit shall be deposited in an interest - bearing account with any accrued interest to be retained by the
City of Palm Beach Gardens.
The owner and /or designee shall be invoiced on a monthly basis for professional fees such as, but not
limited to, consultant engineering services, legal services, advertising costs, and /or any other costs
attributable to the processing of the permit for which the City incurred during the previous month. The
owner and /or designee shall reimburse the City within thirty (30) days from date of invoice. If payment is
not received, the City may utilize the security deposit for re- imbursement purposes. All activities related
to the pending permit(s) will cease until any outstanding invoices are paid.
The owner /designee further understands that transfer of this responsibility shall require a
completed form, signed and notarized by the responsible party, and delivered to the City Planning
and Zoning Department if the name and /or address of the responsible party changes at anytime
during the application review process.
Owner signature Date
PGA MEXX, LLC 52- 43- 42- 06 -14- 001 -0000
Owner printed name
DESIGNEE /BILL TO:
A. Delgado Realty & Construction
1255 NW 105th Terrace
Ocala, FL 34482
STATE OF FLORIDA
COUNTY OF PALM BEACH
Property Control Number
NOTARY ACKNOWLEDGEMENT
I hereby certify that the foregoing instrument was acknowledged before me this day of
v�tS 1 2011 , by ! _0,06'S a (-% C� o He or she is persQll ly known
to me orrh s produced as identification.,
Commission M DD 794995
Notary public signature 'e* *= MV Commission Expires 06.05 -2Q72
`I p� �° Bonded Through
?orn� Florld
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Printed name
State of f (OCA 4CG„ at -large My Commission expires: 61SI 2- 017—
Location Map
August 12, 2011
PROJECT NARRATIVE
Applicant, Stephen S. Mathison, Esquire of Stephen S. Mathison, P.A. is requesting a Major
Conditional Use Approval for Cabo Flats restaurant for issuance of a 4COP license pursuant to
the requirements of the City of Palm Beach Gardens Ordinances, including Chapter 6,
ALCOHOLIC BEVERAGES.
Cabo Flats is an upscale Mexican restaurant and cantina located at 11701 Lake Victoria Gardens
Avenue, Suite 51, within Downtown At The Gardens. Cabo Flats caters to singles, young
married couples, and entire families. The restaurant specializes in authentic Mexican foods and
related specialty drinks. Due to the pricing structure of food and beverages served at Cabo Flats,
more than 51% of its gross revenues are generated from alcoholic beverage sales.
The Application complies with requirements of Chapter 6, and particularly Chapter 6 -4
pertaining to required distances between vendors. The premises, which are the subject of this
Application, is located in excess of 500 feet from any other place of business for which there is
already issued a license for the retail sale of alcoholic beverage consumption on or off premises.
Cabo Flats is in conformance with all other requirements of the Code of Ordinances and existing
Approvals for Downtown At The Gardens, including but not limited to the Restaurant Allocation
Plan approved by the .City of Palm Beach Gardens.
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JUSTIFICATION
The Applicant is requesting a Major Conditional Use Approval for CABO FLATS restaurant for
issuance of a 4 COP license pursuant to the requirements of the City of Palm Beach Gardens
Ordinances, including Chapter 6, ALCOHOLIC BEVERAGES.
CABO FLATS is an upscale Mexican restaurant and cantina located at 1 1701 Lake Victoria
Gardens Avenue, Suite 51, within the Downtown At The Gardens PCD. CABO FLATS caters to
singles, young married couples, and families. The restaurant specializes in authentic Mexican
food and related specialty drinks. Due to the pricing structure of food and beverages served at
CABO FLATS, more than 51% of its gross revenue is derived from alcoholic beverage sales.
The Applicant's request complies with Chapter 6, ALCOHOLIC BEVERAGES, of the Palm
Beach Gardens Code of Ordinances, and particularly Section 6. 1, "Distance Limitations between
Vendors, Places of Worship, and Schools ". Particularly, CABO FLATS is well in excess
(approximately 740 feet) of the 500 -foot distance requirement from another place of business for
which there is already issued a license for retail sale of alcoholic beverages for consumption on
or off the premises. In addition, there are no places of worship or schools in the vicinity of the
proposed use.
CABO FLATS is in conformance with all of the requirements of the Code of Ordinances and
existing approvals for Downtown At The Gardens, including, but not limited to the Restaurant
Allocation Plan approved by the City of Palm Beach Gardens. The proposed Major Conditional
Use is a permitted use under Exhibit E of the Development Order for Downtown At The
Gardens. CABO FLATS complies with Section 58.52(d), "Criteria ", for conditional use as
follows:
1. Comprehensive Plan: The proposed use is consistent with the Comprehensive Plan
designation of Professional Office (PO). The zoning designation for the proposed use is a
Planned Community Development (PCD) overlay, with an underlying zoning of Professional
Office (PO) and General Commercial (CG -1) which is consistent with the Comprehensive Plan
Designation for the Regional Center Development of Regional Impact (DRI). The proposed use
as a restaurant and lounge is a conditional use within the General Commercial (CG -1) Zoning
District. As such, the proposed use is consistent with the City's Comprehensive Plan.
2. Chapter Requirements: The Major Conditional Use proposed is consistent with all
applicable requirements of the Chapter.
3. Standards: The proposed use is consistent with standards listed in Section 78.159, Table
21: Permitted, Conditional, and Prohibited Use Chart: "nightclub, bar, or lounge ".
4. Public Welfare: The proposed use provides for the public health, safety, and welfare.
CABO FLATS is located at the western end of the central court of the shopping center where
there are multiple pedestrian connections to all areas of the shopping center and adjacent parking
areas. There will be no changes to vehicular access points as a result of the Petition. There will
z: \docs \CaboFlats\Justif cation.07182011
be no changes to points of ingress and egress as a result of the Petition, and the existing roadway
network around the shopping center provides for an adequate roadway system adjacent to.and in
front of the site.
CABO FLATS is located directly adjacent to the southern valet parking for the shopping
center, thus promoting efficient use of on -site traffic circulation, parking, and overall traffic.
Finally, there is adequate access for public safety to the Project. All roadways which are
internal to the Project are wide enough for emergency vehicles. Fire lanes have been provided as
a part of the original shopping center approval.
5. Screening and Buffering: CABO FLATS will not generate glare or odor. The operation
of CABO FLATS will not change and will still focus on food service, as well as service of
specialty drinks to patrons. No modifications to CABO FLATS' operation are proposed at this
time.
There will be no change as to the square footage of CABO FLATS or the mix of square
footage between indoor and outdoor areas as currently approved.
The Applicant has not requested any change to existing music or entertainment provided
by CABO FLATS and will submit a Sound Management Plan in accordance with applicable
regulations. In the event music is to be provided after 11:00 P.M., the Sound Management Plan
will be certified as required by Ordinance. CABO FLATS is not proposing to change its current
hours of operation which are consistent with all requirements of Chapter 6 of the City's Alcohol
Ordinance.
6. Utilities: All utilities have been installed on site and no change will be needed, for this
request.
7. Dimensional Standards: CABO FLATS is located within an existing building (Building
B /C) which means all dimensional requirements required by the Chapter.
8. Neighborhood Plans: The use is consistent with the goals, objectives, and policy of the
Regional Center Development of Regional Impact (DRI).
9. Compatibility: CABO FLATS is compatible with the uses located in the shopping center
and the overall Regional Center DRI. No change is planned as to the existing operation of
CABO FLATS and a lounge was contemplated as a potential use that may be located within the
Project as approved by the City Council in 2003. CABO FLATS is compatible with the
Regional Center Development Order which promotes additional uses within walking distance
between businesses and residences. The use is consistent with the Downtown At The Gardens
Development Order Restaurant Allocation Plan as approved by the City Council.
10. Patterns of Development: CABO FLATS does not require any additional development
and thus will have no impact on logical, timely, and orderly development patterns.
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11. Purpose and Intent: CABO FLATS is consistent with the harmony and general purpose
and intent of Chapter 78 -52 and the goals, objectives, and policies of the City as the proposed
use is a permitted use within commercial zoning districts, and is consistent with the Regional
Center DRI and City Land Development Regulations.
12. Adverse Impact: There will be no adverse impact as a result of approval of the
Application. No change to the existing.operation of CABO FLATS is requested.
13. Environmental Impact: Finally, there will be no environmental impact as a result of
approval of the Application as CABO FLATS has not requested any change to any existing
element of its operations.
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