2017-07-13_ Motion Special Permit for Similar Use_420 US 1VILLAGE OF NORTH PALM BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
TO: Honorable Mayor and Council
THRU: Andrew D. Lukasik, Village Manage
FROM: Denise Malone, CDD Director
DATE: July 13, 2017
SUBJECT: MOTION — Issuance of Special Use Permit for Establishment of a Similar Use
within the CB Commercial District (420 U.S. Highway One — Suites 10 & 17)
The Village Administration has received an application for a Special Use Permit for the establishment
of a Similar Use filed by Gary Brandenburg, Esq. on behalf of Bruce Kodner of Bruce Kodner
Galleries, Inc. requesting a similar use determination that an accessory on-line auction and an
accessory live/in-person auction associated with an art/jewelry/collectible retail store is similar to the
uses Jewelry Store and Personal Gift Store permitted in the CB Commercial Zoning District. The
application for similar use is for the accessory auction uses only. Please see attached staff report for
full project details and staff analysis.
Staff has reviewed the attached application for compliance based on the guidelines set forth in Section
45-16.1 of the Village's Code of Ordinances both accessory auction types.
The proposed on-line auction use is no more intense than existing uses within the CB Commercial
Zoning District as it is an accessory use that would neither add additional customer trips nor create
additional parking demand. Consequently, the proposed accessory on-line auction use is compatible
with the existing character of the neighborhood and will not have an adverse impact upon, or interfere
with, the use of adjacent properties.
While the live auction use has some similar characteristic to retail and is accessory to a retail business,
it will function similarly to a special event for that business by attracting cliental within a specific
timeframe. Per the Applicant's Justification Statement, the proposed associated live auctions are held
Friday evenings, and Saturday and Sunday afternoon with a preview period before each auction. The
business states that the live auction typically attracts 25-30 people per event. The current tenant mix
includes several office users and restaurants serving breakfast and lunch. Assuming the maximum of
30 people, staff believes the number of parking spaces needed to support this . use would roughly be
between 20 and 30 spaces (1 - 1.5 people per car/parking space). The code requires 5.5 spaces (1
space per 200 sf) and the approved site plan allocated 5.5 spaces in the plaza for 1,100 sf of retail use
where the auction will be held. While the plaza was constructed with 11 spaces more than the code
required, the tenant mix has changed over time. A shared parking study is needed to fully determine
that there will be 20-30 spaces available in the plaza during the planned auction hours to accommodate
the maximum of 30 people.
While the proposed accessory live/in-person auction use is generally compatible with the existing
character of the neighborhood, a full analysis is required to determine if the proposed use will have an
adverse impact on the adjacent properties with regards to parking. Further, staff is concerned that
should the live/in-person events exceed the anticipated number of attendees, that there would be
inadequate parking and fire code issues. Section 45-16.1 Similar Uses of the Village's Code of
Ordinances, allows for Village Council to impose conditions of approval to ensure that a proposed use
"will not have an adverse impact upon adjacent properties." Staff is recommending approval with
conditions (Page 3, Staff Report) of the proposed live auction use based upon staff concerns identified
in the staff report. These conditions include limits on the auction hours, maximum number of
attendees and a requirement to provide a parking study prior to the issuance of a Business Tax Receipt.
There is no fiscal impact.
Contact person: Denise Malone, Community Development
Recommendation:
Village Administration seeks Council consideration of a Special Use Permit for Similar Uses
within the CB Commercial Zoning District in accordance with Village policies and procedures.
Staff is recommending approval of the on-line auction accessory use and approval with
conditions of the live/in-person auction accessory use.
Application
VILLAGE COUNCIL
SIMILAR USE REQUEST
MEETING: JULY 13, 2017 VILLAGE COUNCIL
Project:
420 US Highway 1, Suites 10 & 17 (2017-0970)
Location:
420 US Highway 1 - Generally located on the east side of US Highway 1
approximately .14 miles north of the intersection of US Highway 1 and Northlake
Boulevard.
PCN:
68-43-42-16-00-004-0011
Request:
An application filed by Gary Bradenberg, Esq. on behalf of Bruce Kodner of Bruce
Kodner Galleries, Inc. requesting a similar use determination that an accessory
on-line auction and an accessory live/in-person auction associated with an
art/jewelry/collectible retail store are similar to the uses Jewelry Store and
Personal Gift Store permitted in the CB Commercial Zoning District. The
application for similar use is for the accessory auction uses.
Recommendation
Approval of the On-line Accessory Auction; and
Approval with Conditions of the Live/In-person Accessory Auction
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I. SUMMARY
An application filed by Gary Bradenberg, Esq. on behalf of Bruce Kodner of Bruce Kodner
Galleries, Inc. requesting a similar use determination that an accessory on-line auction and
live/in-person auction associated with an art/jewelry/collectible retail store (approx.. 1,200 sf) are
similar to the uses Jewelry Store and Personal Gift Store permitted in the CB Commercial
Zoning District. The location of the proposed similar use request is within the Village Shoppes
commercial development, which is located in the CB Commercial Zoning District. This
commercial multi -tenant plaza has a mix of office, retail, gym and restaurant uses, including the
Village's Community Development Department. The applicant has submitted a request for a
similar use determination for the accessory on-line and live/in-person auction component of his
business. The application for similar use is for the associated auction uses only.
II. STAFF REVIEW
Per Section 45-16 regarding the similar use process, "the community development director
shall, in consultation with other village departments, consider the characteristics of the proposed
use, including, but not limited to, size, intensity, density, operating hours, demands for public
facilities, traffic impacts and business practices."
Staff has reviewed the attached application for compliance based on the guidelines set forth in
Section 45-16.1 of the Village Code. The proposed on-line auction use is no more intense than
existing uses within the CB Commercial Zoning District as it is an accessory use that would not
add additional customer trips and create additional parking demand. Consequently, the
proposed accessory on-line auction use is compatible with the existing character of the
neighborhood; and will not have an adverse impact upon or interfere with the use of adjacent
properties.
While the live auction use has some similar characteristic to retail and is accessory to a retail
business; it will also function similarly to a special event for that business by attracting cliental
within a specific timeframe. Per the Applicant's Justification Statement, the proposed
associated live auctions are held Friday evenings, and Saturday and Sunday afternoon with a
preview period before each auction. The business states that the live auction typically attracts
25-30 people per event. The 2014 Florida Fire Prevention Code allows a maximum of 30 sf per
person for retail uses. The space where the auction will be held is 1,100 sf, which would allow
no more than 36 people may be in the space at one time.
The current tenant mix of the commercial plaza includes several office users and restaurants
serving breakfast and lunch. Assuming the maximum of 30 people, staff believes the number of
parking spaces needed to support this use would roughly be between 20 and 30 spaces (1 - 1.5
people per car/parking space). The code requires 5.5 spaces (1 space per 200 sf) and the
approved site plan allocated 5.5 spaces in the plaza for 1,100 sf of retail use where the auction
will be held. While the plaza was constructed with 11 spaces more than the code required, the
tenant mix has changed over time. A shared parking study is needed to fully determine that
there will be 20-30 spaces available in the plaza during the planned auction hours to
accommodate the maximum of 30 people. During the pre -application process, staff
recommended to the applicant that they should provide a parking study to support their request
and demonstrate that existing tenants would not be impacted.
The applicant stated in the Justification Statement (Attachment B) that "If, however, the Village
believes a parking issue exists after the store is in operation, the applicant agrees to conduct a
parking study and will further agree to additional conditions to be imposed as a result of the
study." This request to conduct a parking study after a business is operational and a Business
Tax Receipt (BTR) has been issued by the Village is not consistent with Section 45.16 of the
Similar Use 2
Village Code of Ordinances, which requires staff to review impacts of application prior to a
similar use being granted.
While the proposed accessory live/in-person auction use is generally compatible with the
existing character of the neighborhood, a full analysis is required to determine if the proposed
use will have an adverse impact on the adjacent properties with regards to parking. Section 45-
16.1 Similar Uses of the Village's Code of Ordinances, allows for Village Council to impose
conditions of approval to ensure that a proposed use "will not have an adverse impact upon
adjacent properties." Further, staff is concerned that should the live/in-person events exceed
the anticipated 30 people, that there would be inadequate parking and fire code issues. Staff is
recommending approval with conditions of the proposed live auction use based upon staff
concerns identified in this report. These conditions include limits on the auction hours,
maximum number of attendees and a requirement to provide a parking study prior to the
issuance of a Business Tax Receipt.
IV. CONCLUSION & STAFF RECOMMENDATION
Staff is recommending approval of the accessory on-line auction use based on the findings in
this staff report. Based on staff concerns identified in this report, including a consistent size of
the auctions over time and adequate parking, staff is recommending approval with conditions for
the live/in-person auction use as consistent with Section 45.16.1:
1. The use of live auction shall be permitted only on Saturday and Sunday between 1 and
4pm and on Friday between 4 pm and 7 pm.
2. The live auction use shall be limited to 30 patrons. The Applicant shall require all
attendees to complete a sign -in sheet, which shall be made available for inspection by
Village personnel during normal business hours.
3. The applicant shall provide a life safety plan and a parking study prior to the issuance of
a Business Tax Receipt (BTR) that demonstrates that adequate parking is available for
the proposed use (1 — 1.5 attendees per parking space).
4. Should the Applicant fail to meet each of the conditions outlined above, the Community
Development Director may revoke this Special Use Permit in accordance with the
provisions of Section 45-16.1(f) of the Village Code of Ordinances.
Attachments
A. Similar Use Criteria
B. Applicant's Justification Statement & Back-up documentation
Similar Use
ATTACHMENT A: Similar Use Review Criteria
Sec. 45-16.1. - Similar uses.
(a) A use within a commercial zoning district not specifically listed as a permitted use, but
possessing characteristics similar to a permitted use, may be established upon written
application to the community development director for a special use permit.
(b) In evaluating an application for a special use permit for the establishment of a similar
use, the community development director shall, in consultation with other village
departments, consider the characteristics of the proposed use, including, but not limited
to, size, intensity, density, operating hours, demands for public facilities, traffic impacts
and business practices.
(c) Upon review and evaluation of the application, the community development director shall
present his or her recommendation to the village council for final consideration on the
next available council agenda.
(d) The village council shall conduct a public hearing on the application for special use
permit and determine whether the application meets the criteria set forth in subsection
(b) above. The village council shall grant or deny the application by written order.
(e) In granting a special use permit, the village council may impose conditions necessary to
ensure that the proposed use:
(1) Is compatible with the existing or planned character of the neighborhood in which it
would be located;
(2) Will not have an adverse impact upon adjacent properties; and
(3) Will not interfere with the use of adjacent properties.
(4) Such conditions may include restrictions on the size and operating hours of the
proposed use.
(f) If the conditions imposed by the special use permit are not met, the community
development director may revoke the permit. A permit holder may appeal the revocation
of a special use permit by filing an appeal, in writing, to the Zoning Board of Adjustment
within thirty (30) days of receipt of written notice of revocation.
Similar Use 4
ATTACHMENT B: Applicant's Justification and Back-up
Property Aciclf-ess;, 420, U.5. Highway One, Suites in, and 17
PCN No.: 68-43-42-1 6-00-004-0011
Business Name: Bruce Kodrier Galleries, Inc,
AgentGary M. Araaclembur g, Esql
Brandenburg & Aq5ociates, PA
11,891 ILI,& Highway One, Suite 101
North PalrnSeach, FL 33408
(561) 799-14,14
&?Ly2brandenburUa,corn,
Summary of Similar Use Requost,.
Druce Kcidner Galleries, Inc,, retails fine art and, Colleectables using a combination of stare -front facilities,
where retail sales, auctions, and on-line purchases occur, They have proposed to rent two suites at 420
U.S. Highway 0 Re (Suites 10 and 17). Suite 10 will display the items for sale in a gallery fashion and have
limited-particip-atio,,n live auctions. It is 1, 1_00 square feet. Suite 17 will be for off ice use only- The office
will keep the accounts of the bu5iness, and make sure that all items, purchased by on-line bidders or live
auction bidders occur at the buyer's direction,
The business advertises for the purchasQ of high quality iterns in local pulalications- Persons who wish to
sell, come tothe.stare and conduct the transaction, In turn, a few People corneeach day to Preview
items that will be auctioned, and also to view and possi'bly purchase items that have not been listed for
auction, This also may bring, in 2 to 3 people each day,.
L[ve auctions are advertised for Friday evening (time), and Saturdays and Sundays between land 4 p,.m.
Most auction sales are, transacted on-line,, 'The auctians draw about 25 to 30altendees in person, Tfie
purchases that are made by those present are picked up at the end of the auction,. On-line purchases
are picked up o r mailed aut lwy the company from the office area,
Retall 5ales, are an allowed use, and auctions are just, a form of retail sales. The, proprietor does not loan
money to clients. I have encliowd some brochures from activiryal the proprietor's, other sites- TWy are
high end a rt ga Ile ry collecti ble, itsern 5.
The business is, amena ble, to reasonable restriction s as long as t I he care bosiness is riotaffected.
Because the auctions are off -hours Of many activities on the parcel, we do not anticipate a parking issue.
If, . however, the Village, believes a parking Issue exists after the Store Is in operation, ifie, applicant agrees
to conduct a parking study and will further agree to additional conditions to be imposed as a result of
the study.
Similar Use
EXHIBIT A-1
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Similar Use
EXHIBIT A-2
THE "PREMISES" SUITE 10
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BRUCE KODNER GALLERIES
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SUNDAY, JUNE 8th, 2014 at 1:00 PM
ESTATE OF ROGER MONROE KING -FORMER CEO OF CBS ENTERPRISES &KING WORLD PRODUCTIONS
Lot 129 - Celestin Francois Nanteuil-Lebocuf
(French, 1813-1873) Oil Painting
Lot 13 - Large Daum Pate
de Verre Jonqiuilles Vase
Lot 18 - Impressive
Lalique France Macao
Frosted Glass Vase
Lot 132 -
Rare Vien-
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Silver &
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Precious
Stone Clock
& Music Box
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Lot 174 - Pair of Very Fine French Empire Gilt
& Bronze Candelabras
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Lot 196 - 4 Pc. European 800 Silver & Ivory
Handled Tea Set
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Lot 19 - Daum Pate de Verre Rose Bowl
— Lot 75 -Antique
Chinese Jade
Quan Yen
Lot 227 - 4 Pc. Tiffany & Co. New York
Sterling Coffee & Tea Set
Lot 216 - L;dique Crystal Le Champs Elyses Centerpiece
1-800-3KODNER / 561-585-9999
www.brucekodner.com
Lot 84 -
Antique
French
Dore
Bronze
& Lapis
Inlaid
Wall
Clock
Lot 82 - John Francis Murphy (American
1853-1921) Oil Painting
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Lot 6 - Lladro Spain
Farewell of the Samu-
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Lot 158 - Early 19th C.
Napoleon Equestrian Bronze
Figure
Lot 18 - Impressive
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Stone Clock
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Lot 174 - Pair of Very Fine French Empire Gilt
& Bronze Candelabras
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Handled Tea Set
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Lot 19 - Daum Pate de Verre Rose Bowl
— Lot 75 -Antique
Chinese Jade
Quan Yen
Lot 227 - 4 Pc. Tiffany & Co. New York
Sterling Coffee & Tea Set
Lot 216 - L;dique Crystal Le Champs Elyses Centerpiece
1-800-3KODNER / 561-585-9999
www.brucekodner.com
Lot 84 -
Antique
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Lot 82 - John Francis Murphy (American
1853-1921) Oil Painting
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VILLAGE OF NORTH PALM BEACH
ORDER ON APPLICATION FOR SPECIAL USE PERMIT
Applicant: Gary Brandenburg, Esquire (Agent) on behalf of Bruce Kodner Galleries, Inc. (Tenant)
Location: 420 U.S. Highway One, Suites 10 and 17 ("Property")
Legal Description: Parcel of Land in Section 16, Township 42 South, Range 43 East (Metes and Bounds)
PCN: 68-43-42-16-00-004-0011
Zoning District: CB Commercial District
Request: Special Use Permit for a Similar Use to allow accessory on-line auction and live/in-person
actions as accessory uses within an art/jewelry/collectible retail store located on the Property.
This matter came before the Village Council for public hearing on July 13, 2017. Upon consideration
of the recommendation of Community Development Director and the statements presented by the Applicant,
members of the public and other interested persons during the course of the public hearing, the Village Council
hereby finds that the Applicant's request satisfies the criteria and requirements set forth in Section 45-16.1
of the Village Code of Ordinances for the grant of a special use permit for the establishment of a similar use
within the CC Transitional Commercial District.
Based on the foregoing, it is hereby ORDERED by the Village Council that the application for
Special Permit is hereby GRANTED subject to the following conditions:
The live auction use shall be permitted only on Fridays, between the hours of 4:00 p.m. and
7:00 p.m. and on Saturdays and Sundays, between the hours of 1:00 p.m. and 4:00 p.m.
2. The live auction use shall be limited to 30 patrons. The Applicant shall require all
attendees to complete a sign -in sheet, which shall be made available for inspection by
Village personnel during normal business hours.
3. The Applicant shall provide a life safety plan and parking study prior to the issuance of a
Business Tax Receipt demonstrating that adequate parking is available for the live auction use.
Should the Applicant fail to meet each of the conditions outlined above, the Community Development
Director may revoke this Special Use Permit in accordance with the provisions of Section 45-16.1(0 of
the Village Code of Ordinances
DONE AND ORDERED this
ATTEST:
Melissa Teal, Village Clerk
day of July, 2017.
Page 1 of 1
VILLAGE OF NORTH PALM BEACH
an
Darryl C. Aubrey, Mayor