2. ZON-23-019 (COA-23-002) 363 COCOANUT ROW—THE VINETA HOTEL (COMBO)—SPECIAL EXCEPTION WITH SITE PLAN REVIEW AND VARIANCES  - Declaration of Use Agreement  & Seating Chart Review
2:00 PM TIME CERTAIN
Public Comment, Town of Palm Beach Admin
admin
over 1 year ago
Received via email on 8/7/23:
Dear Palm Beach Town Council:
As you are aware, the Vineta will be coming back once again to the Town Council on Wednesday, August 9th with a 2pm Time Certain.
The Town Council on April 4th, 2023 granted a variance to expand the restaurant/bar/nightclub/pool lounge from 113 to 172 seats. It will come as no surprise, I maintain that this largess was an unnecessary assault on the Town’s Comprehensive Plan by increasing a non-conforming use in a residential area and potentially negatively impacting area and island residents; however, a Declaration of Use currently being negotiated will offer some controls. On the positive side, those mitigation measures include:
1. Employees will not be allowed to park in the residential areas around the hotel and will be transported via a bus from a location in WPB
2. No valet parking will occur on residential streets and all vehicles will be taken to two garages located along Royal Palm Way
3. Interior refrigerated trash storage
4. Out of the 172 permitted seats, no more than 135 seats may be used at any given time. Note that the restaurant, pool lounge and front courtyard all close at 10pm as identified in the chart included as part of the agenda which is a most reasonable and appreciated to balance the needs of the adjacent residents.
Now that being said, many challenges remain and I ask you to please reflect on my comments/questions and incorporate safeguards going forward to protect the quality of life of the neighborhood (attached below). Remember on Page 8 of the agreement, each town council member must sign, so each of you need to be 100% sure the Declaration of Use will work for the nearby residents.
1. How will code enforcement keep track of which seats are used and at what times? Will this burden fall on the residents to report violations? How will all these restrictions, seat maps and fire egress diagrams be posted for all to see? It is imperative to have a clear method to check if the operator is complying with the agreement of no more than 135 seats in use at any given time. Will the seat charts and seat counts be posted in the establishment so that both employees, customers and town officials know quickly what are the legal limits? This must be a requirement to avoid the issue we are experiencing with many other restaurants in town.
2. One section of the agreement as currently written cannot reasonable be enforced as indicated in the last sentence of Section 6 which tries to carve out exceptions for hotel guests, guests of guests, owners, and employees! This sentence must be stricken in its entirety. This request should raise a red flag as it really a loophole to increase capacity late at night when it is more problematic and it must be removed from the agreement. If hotel guests want service after hours they could order room service without impacting the residents and not entangle our Town Code Enforcement with identifying different types of patrons late at night. This is not negotiable and the Town Council should hold the line and think about the residents first.
3. Any “vested” future expansion for the hotel is non-negotiable. If the operator is acting in good faith they should remove the request to come back in a couple of years to request more seats as they already got an increase in seats to 172 (with 135 max at any one time) which was opposed by many residents in the area.
By taking a strong stand on the Declaration of Use, you will be supporting and protecting Residents First and preserving our quality of life. Thank you in advance for your help.
Thank you!
JDC
Received via email on 8/8/23:
Dear Council Members,
Please carefully consider the Declaration of Use items which Vineta will present for your sign-off. Control factors on the seating and operation hours indicated could be difficult to gauge and enforce. Keeping a tight rein on these issues is critical to ensuring a safe, peaceful and appropriate neighborhood environment.
Thank you for all you do for our Town.
Susan Watts
Received via email on 8/7/23:
Dear Members Of Town Council
Please follow the suggestions of fellow resident and member of ARCOM--John Corey -- who has made some excellent suggestions for the Vineta Declaration of Use Agreement.
The variances which were granted were , in my opinion,illegal but now you have an opportunity to limit, to some extent, the damage to our town if you are determined to insist the use agreement be a help and not a further element impacting the quality of life in Palm Beach.
Thank you for your consideration.
Leigh Dunston
282 Monterey Rd.
Palm Beach
Since 1977
Received via email on 8/7/23
Dear Town Council:
Thank you for your close and ongoing attention to the proposed Vineta Hotel project, an historic commercial site fully enclosed in a neighborhood of residences.
Grateful support is given to the public comment from resident John David Corey, most recently via email of 7 Aug 2023 with his diligent redline commentary thereto. I have added two tweaks on pp. 4, 13.
Please continue to exercise your cautious wisdom in balancing entreaties of business interests with the equanimity of residents, first.
Best Wishes,
John C. Dotterrer
1470 N. Ocean Blvd.
Palm Beach, FL 33480
Received via email on 8/7/23:
Dear Palm Beach Town Council:
As you are aware, the Vineta will be coming back once again to the Town Council on Wednesday, August 9th with a 2pm Time Certain.
The Town Council on April 4th, 2023 granted a variance to expand the restaurant/bar/nightclub/pool lounge from 113 to 172 seats. It will come as no surprise, I maintain that this largess was an unnecessary assault on the Town’s Comprehensive Plan by increasing a non-conforming use in a residential area and potentially negatively impacting area and island residents; however, a Declaration of Use currently being negotiated will offer some controls. On the positive side, those mitigation measures include:
1. Employees will not be allowed to park in the residential areas around the hotel and will be transported via a bus from a location in WPB
2. No valet parking will occur on residential streets and all vehicles will be taken to two garages located along Royal Palm Way
3. Interior refrigerated trash storage
4. Out of the 172 permitted seats, no more than 135 seats may be used at any given time. Note that the restaurant, pool lounge and front courtyard all close at 10pm as identified in the chart included as part of the agenda which is a most reasonable and appreciated to balance the needs of the adjacent residents.
Now that being said, many challenges remain and I ask you to please reflect on my comments/questions and incorporate safeguards going forward to protect the quality of life of the neighborhood (attached below). Remember on Page 8 of the agreement, each town council member must sign, so each of you need to be 100% sure the Declaration of Use will work for the nearby residents.
1. How will code enforcement keep track of which seats are used and at what times? Will this burden fall on the residents to report violations? How will all these restrictions, seat maps and fire egress diagrams be posted for all to see? It is imperative to have a clear method to check if the operator is complying with the agreement of no more than 135 seats in use at any given time. Will the seat charts and seat counts be posted in the establishment so that both employees, customers and town officials know quickly what are the legal limits? This must be a requirement to avoid the issue we are experiencing with many other restaurants in town.
2. One section of the agreement as currently written cannot reasonable be enforced as indicated in the last sentence of Section 6 which tries to carve out exceptions for hotel guests, guests of guests, owners, and employees! This sentence must be stricken in its entirety. This request should raise a red flag as it really a loophole to increase capacity late at night when it is more problematic and it must be removed from the agreement. If hotel guests want service after hours they could order room service without impacting the residents and not entangle our Town Code Enforcement with identifying different types of patrons late at night. This is not negotiable and the Town Council should hold the line and think about the residents first.
3. Any “vested” future expansion for the hotel is non-negotiable. If the operator is acting in good faith they should remove the request to come back in a couple of years to request more seats as they already got an increase in seats to 172 (with 135 max at any one time) which was opposed by many residents in the area.
By taking a strong stand on the Declaration of Use, you will be supporting and protecting Residents First and preserving our quality of life. Thank you in advance for your help.
Thank you!
JDC
Received via email on 8/8/23:
Dear Council Members,
Please carefully consider the Declaration of Use items which Vineta will present for your sign-off. Control factors on the seating and operation hours indicated could be difficult to gauge and enforce. Keeping a tight rein on these issues is critical to ensuring a safe, peaceful and appropriate neighborhood environment.
Thank you for all you do for our Town.
Susan Watts
Received via email on 8/7/23:
Dear Members Of Town Council
Please follow the suggestions of fellow resident and member of ARCOM--John Corey -- who has made some excellent suggestions for the Vineta Declaration of Use Agreement.
The variances which were granted were , in my opinion,illegal but now you have an opportunity to limit, to some extent, the damage to our town if you are determined to insist the use agreement be a help and not a further element impacting the quality of life in Palm Beach.
Thank you for your consideration.
Leigh Dunston
282 Monterey Rd.
Palm Beach
Since 1977
Received via email on 8/7/23
Dear Town Council:
Thank you for your close and ongoing attention to the proposed Vineta Hotel project, an historic commercial site fully enclosed in a neighborhood of residences.
Grateful support is given to the public comment from resident John David Corey, most recently via email of 7 Aug 2023 with his diligent redline commentary thereto. I have added two tweaks on pp. 4, 13.
Please continue to exercise your cautious wisdom in balancing entreaties of business interests with the equanimity of residents, first.
Best Wishes,
John C. Dotterrer
1470 N. Ocean Blvd.
Palm Beach, FL 33480