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PRELIMINARY AND FINAL
SITE PLAN APPLICATION
BET RETAIL FACILITY
FLORIDA AVENUE AND THE BOARDWALK
ATLANTIC CITY, ATLANTIC COUNTY, NEW JERSEY
Submitted to:
CASINO REINVESTMENT DEVELOPMENT AUTHORITY
DIVISION OF LAND USE AND REGULATORY ENFORCEMENT
Submitted by:
BET INVESTMENTS, INC.
200 Witmer Road, Suite 200
Horsham, Pennsylvania 19044
FEBRUARY 2013
Prepared by:
PAULUS, SOKOLOWSKI AND SARTOR, LLC.
Consulting Engineers and Environmental Planners
319 E. Jimmie Leeds Road
Galloway, NJ 08205
and
67A Mountain Boulevard Extension
Warren, New Jersey 07059
PRELIMINARY AND FINAL SITE PLAN APPLICATION
BET RETAIL FACILITY
PROJECT TEAM
BET Investments, Inc. Developer/Applicant
Cornerstone Consulting Engineers
& Architectural, Inc. Building Designer
Paulus, Sokolowski and Sartor, LLC Civil Engineers, Planners
and Land Surveyors
Fox, Rothschild, LLP Legal Counsel
Submitted to:
Casino Reinvestment Development Authority
Division of Land Use and Regulatory Enforcement
15 South Pennsylvania Avenue
Atlantic City, New Jersey 08401
Submitted on behalf of:
BET Investments, Inc.
200 Witmer Road, Suite 200
Horsham, Pennsylvania 19044
February 2013
Prepared by:
PAULUS, SOKOLOWSKI & SARTOR, LLC
319 East Jimmie Leeds Road, Suite 701
Galloway, New Jersey 08205
and
67A Mountain Boulevard Extension
Warren, New Jersey 07059
i
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TABLE OF CONTENTS
Page No.
1.0 EXECUTIVE SUMMARY .................................................................................................1
2.0 APPLICATION FOR SITE PLAN APPROVAL REVIEW ...............................................2
3.0 PROJECT DESCRIPTION ..................................................................................................3
4.0 REDEVELOPMENT PLAN REQUIREMENTS................................................................4
5.0 PRELIMINARY SITE PLAN APPLICATION REQUIREMENTS PURSUANT TO
SECTION 163-97 OF THE LAND USE DEVELOPMENT CHAPTER FROM THE
CODE OF THE CITY OF ATLANTIC CITY ..................................................................15
6.0 FINAL SITE PLAN APPLICATION REQUIREMENTS PURSUANT TO SECTION
163-111 OF THE LAND USE DEVELOPMENT CHAPTER FROM THE CODE OF
THE CITY OF ATLANTIC CITY ....................................................................................34
ii
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TABLE OF CONTENTS (CONT’D)
TABLES
Table 1 Bulk and Yard Standards Analysis Page 9
Table 2 Compliance with Performance Standards Page 10
Table 3 Compliance with Urban Design Standards Page 12
Table 4 Compliance with Parking Requirements Page 13
FIGURES
Figure 1 USGS Location Map follows Page 3
Figure 2 Tax Map follows Page 3
Figure 3 Street Map follows Page 3
Figure 4 Zoning Map follows Page 3
ATTACHMENTS
Attachment A Site Plans
Attachment B Building Design Drawings
Attachment C CRDA Application Attachment D Legal Description of Property and Property Survey Attachment E Property Owners within 200 Feet
Attachment F Evidence of Deed Control
Attachment G Energy Impact Statement
Attachment H Surface Water Management Report
Attachment I Certification of Paid Taxes
Attachment J Pre-construction Permits and Approvals
1
1.0 EXECUTIVE SUMMARY
BET Investments proposes to construct a retail facility of approximately 16,000 square feet on the
0.781-acre parcel designated Block 38, Lot 2 that fronts The Boardwalk. The site is currently vacant
but was previously occupied by the Trump World’s Fair Hotel and Casino. The maximum proposed
building height is approximately 43 feet. The location, arrangement and height of the proposed
improvements are shown on plans prepared by Paulus, Sokolowski and Sartor, LLC (PS&S) in
Attachment A and Cornerstone Consulting Engineers & Architectural, Inc. (Cornerstone Consulting)
in Attachment B.
The proposed retail development will provide benefits to Atlantic City consistent with the 2008
Atlantic City Master Plan. The BET Retail Facility substantially conforms to and is consistent with
applicable provisions of Chapter 163 (Land Use Development) of the Code of the City of Atlantic
City. Retail development is one of the objectives of the Redevelopment Plan for the South Florida
Avenue Redevelopment Area.
A successful BET Retail Facility will enhance the economic viability of Atlantic City initially
through the creation of construction jobs and subsequently through the creation of service jobs. The
project will increase benefits to the City of Atlantic City and the State of New Jersey consistent with
statewide and local planning and economic redevelopment initiatives.
2
2.0 APPLICATION FOR SITE PLAN APPROVAL REVIEW
Pursuant to the provisions of P.L. 2011, c 18 (C.5:12-220.6.a), as the Casino Reinvestment
Development Authority (CRDA) has not yet adopted development and design guidelines and land
use regulations for the Atlantic City Tourism District, this application will be reviewed by the
CRDA Division of Land Use and Regulatory Enforcement for compliance with the 2008 Atlantic
City Master Plan (Master Plan), applicable provisions of Chapter 163 (Land Use Development) of
the Code of the City of Atlantic City (Land Use Ordinance), and the 2007 Redevelopment Plan for
the South Florida Avenue Redevelopment Area (Redevelopment Plan).
The following site plans by PS&S and building design drawings by Cornerstone Consulting are
provided in Attachment A and Attachment B, respectively, of this site plan application document.
Attachment A - Site Plans Date
C-1 Cover Sheet December 14, 2012
C-2 General Notes and Legend December 14, 2012
C-3 Existing Conditions and 200’ Radius Plan December 14, 2012
C-4 Site Layout and Dimension Plan December 14, 2012
C-5 Grading and Utility Plan December 14, 2012
C-6 Soil Erosion and Sediment Control Plan December 14, 2012
C-7 Landscape Plan December 14, 2012
C-8 Details December 14, 2012
Attachment B - Building Design Drawings Date
A1.0 Construction Floor Plan & Wall Type Details August 21, 2012
A1.1 Dimensional Column Layout Plan, Door & Glazing Details August 21, 2012
A2.0 Northern, Southern, Eastern & Western Elevations August 21, 2012
A5.0 Enlarged Partial Floor Plan & Column Details August 21, 2012
3
3.0 PROJECT DESCRIPTION
BET Investments proposes to construct a retail facility of approximately 16,000 square feet on the
0.781-acre parcel designated Block 38, Lot 2 that fronts The Boardwalk. The site is currently vacant
but was previously occupied by the Trump World’s Fair Hotel and Casino. The maximum proposed
building height is approximately 43 feet above mean sea level (msl). A paved service vehicle access
area is provided behind the retail buildings. The location, arrangement and height of the proposed
improvements are shown on plans prepared by Paulus, Sokolowski and Sartor, LLC (PS&S) in
Attachment A and Cornerstone Consulting Engineers & Architectural, Inc. (Cornerstone Consulting)
in Attachment B.
The proposed project site is shown on Figures 1 through 4. The site lies within the South Florida
Avenue Redevelopment Area (Redevelopment Area) and is identified as Block 38, Lot 2 on the
Atlantic City Tax Map. The Redevelopment Area, which includes Block 38, Lot 2, encompasses
approximately 2.5 acres.
Respecting the tradition and history of the Atlantic City Boardwalk, the objective of this project is to
construct retail uses fronting The Boardwalk in a location between Midtown and Downbeach. Such
use will promote the continuity, unity and functionality of The Boardwalk as an active pedestrian
way.
Building design drawings prepared by Cornerstone Consulting are included in Attachment B of this
application. A plan of the retail buildings is provided on Sheet A1.0. Building elevations are shown
on Sheet A2.0.
The façade materials of the building are identified on Sheet A2.0. The BET Retail Facility will
complement the existing standard of design on the Atlantic City Boardwalk.
The landscaping is designed in accordance with the City of Atlantic City and Coastal Area Facility
Review Act (CAFRA) standards. The proposed landscaping plan, as depicted on Sheet C-7, will
utilize native and well-adapted grass and shrub species of the coastal plain capable of thriving in the
seaside environment of the site. The landscape plantings are proposed along the three sides of the
site that do not adjoin The Boardwalk.
Construction is planned to commence following receipt of all required approvals. By agreement
with CRDA, construction lay down and staging areas are proposed to be located on part of the
Florida Avenue pavement. Construction traffic will access the site from Florida Avenue. The
schedule anticipates a 10 to 12 month construction period with an opening in May 2014.
4
4.0 REDEVELOPMENT PLAN REQUIREMENTS
The Redevelopment Plan imposes land use controls on development proposed within the
Redevelopment Area through the Land Use Plan (Chapter 6.1). The controls relevant to the BET
Retail Facility include Land Use Provisions, Building Controls, Utility Controls and Additional
Controls. Section 4.1 of this Application summarizes compliance of the BET Retail Facility with the
Land Use Plan; Section 4.2 summarizes compliance with Building Controls; Section 4.3 summarizes
compliance with Utility Controls, and Section 4.4 summarizes compliance with the Additional
Controls of the Redevelopment Plan. Evaluation of the Preliminary and Final Site Plan application
requirements is provided in Sections 5.0 and 6.0, respectively, of this application.
4.1 Land Use Provisions
The Land Use Provisions of the Redevelopment Plan designate permitted uses to include
multi-family dwellings, a variety of shops, hotels, condo hotels, retail, restaurants, bars, night
clubs, spas, active/passive recreation facilities, surface and structured parking, cultural
facilities and other like and similar attractions; and support uses. The proposed retail use is
consistent with the Land Use Provisions of the Redevelopment Plan.
4.2 Building Controls
4.2.1 Lot Requirements
Block 38, Lot 2, which has an area of 0.781 acre, complies with the minimum lot
size requirement of the Redevelopment Plan.
4.2.2 Building Setbacks
No setback from The Boardwalk is permitted up to a height of 65 feet. The proposed
retail façade is flush with The Boardwalk right-of-way line to its maximum height of
43 feet with the exception of certain retail entrance areas, which are set back as much
as 6 feet. The overall design of the retail façade, which is shown on Sheet A2.0 in
Attachment B, does not detract from the continuity, unity and functionality of The
Boardwalk as an active pedestrian way. To the contrary, the proposed retail
storefronts will enliven The Boardwalk in comparison to the currently vacant space.
The Applicant requests a variance from strict compliance with The Boardwalk zero
setback requirement set forth in Subsection 6.1.4A.ii.a of the Redevelopment Plan.
4.2.3 Building Height
The maximum height of the proposed retail buildings, at approximately 43 feet above
mean sea level (msl) as shown on Sheet A2.0 in Attachment B, is less than the 130-
5
foot maximum building height for Block 38, Lot 2 allowed by the Redevelopment
Plan.
4.2.4 Floor Area Ratio
The proposed floor area ratio of 0.47 (the 34,000 square foot area of Block 38, Lot 2
divided by the proposed 16,000 square feet of building area) is less than the
maximum floor area ratio of 9.0 established by the Redevelopment Plan.
4.2.5 Stepped Sun Control Angle along The Boardwalk
The first step of the sun control angle along The Boardwalk required by the
Redevelopment Plan begins at a height of 50 feet above The Boardwalk deck. The
proposed retail buildings, which have a maximum height of 43 feet above msl, are
not subject to this requirement.
4.2.6 Signage
Signage in the Redevelopment Area is subject to the requirements for the Resort
Commercial (RS-C) District set forth in §163-71 of the Land Use Development
Code. The signs proposed for the BET Retail Facility, which are shown on Sheet
A2.0, comply with the requirements of §163-71.
4.2.7 Parking
Off-street parking in the Redevelopment Area is subject to the requirements of §163-
70 and Schedule IV (Required Off-Street Parking Spaces) of the Land Use
Ordinance. The Schedule IV parking requirement for retail uses is one space for
each 300 square feet of floor area, which results in 54 parking spaces for the 16,000
square feet of proposed retail floor area. The Applicant requests a variance from the
parking requirement in recognition of the location of the proposed retail uses on The
Boardwalk.
4.3 Utility Controls
As shown on Sheet C-5 (Grading and Utility Plan) in Attachment A, except for an
electric transformer all utility connections for the BET Retail Facility will be
underground, in compliance with this requirement of the Redevelopment Plan. No
utility easements will be required.
6
4.4 Additional Controls
4.4.1 Signage Requirements
Compliance of the signs proposed for the BET Retail Facility with applicable
requirements is addressed in Subsection 4.2.6 herein.
4.4.2 Parking Requirements
Parking requirements for the BET Retail Facility are addressed in Subsection 4.2.7
herein.
4.4.3 Loading Requirements
The proposed access for loading and deliveries from Florida Avenue to the rear of
the retail buildings, which is shown on Sheet C-4 (Site Layout and Dimension Plan)
in Attachment A, will provide safe and efficient circulation for delivery vehicles. The
BET Retail Facility complies with this requirement of the Redevelopment Plan.
4.4.4 Performance Standards
The proposed retail development is subject to the following performance standards
set forth in §163-73 of the Land Use Ordinance.
4.4.4.1 Electromagnetic Radiation
Operation of the BET Retail Facility will not result in emission of electromagnetic
radiation that does not comply with applicable regulations of the Federal
Communications Commission and will not cause abnormal degradation of other
electromagnetic radiators or receivers. The BET Retail Facility complies with this
performance standard.
4.4.4.2 Fire and Explosive Hazards
The proposed retail operations will not involve use, storage or handling of flammable
or explosive matter in a manner that does not comply with the fire protection
regulations of the City of Atlantic City. The BET Retail Facility meets this
performance standard.
4.4.4.3 Glare
7
The proposed lighting design is shown on Sheet A2.0. All exterior light fixtures will
be aimed and shielded to avoid any glare that would detract from the enjoyment of
The Boardwalk.
The Boardwalk façade of the retail buildings, shown on Sheet A2.0, will be
fabricated of materials that will not reflect light onto The Boardwalk in a manner that
would create a nuisance. The BET Retail Facility complies with this performance
standard.
4.4.4.4 Heat
The proposed retail operations will not transmit heat or heated air across adjoining
property lines. The BET Retail Facility complies with this performance standard.
4.4.4.5 Noise
The proposed retail establishments will not produce sounds that exceed the
maximum levels established in §163-73.H of the Land Use Ordinance. The BET
Retail Facility complies with this performance standard.
4.4.4.6 Odorous Matter
As is typical for retail operations, the proposed retail establishments will not produce
odors of an intensity or character to be detrimental to the health and welfare of the
public or interfere unreasonably with the comfort of the public. The BET Retail
Facility complies with this performance standard.
4.4.4.7 Radioactive Materials
No handling or storage of radioactive materials, discharge of such materials into the
air or water, or disposal of radioactive wastes is proposed for the BET Retail Facility,
which therefore complies with this performance standard.
4.4.4.8 Air Contaminants
The proposed retail operations will not produce smoke, particulate matter, or other
air contaminants. No open storage or processing of materials that could produce
windborne dust or air contaminants that could be transported across property lines
will occur. Any emissions to the atmosphere resulting from normal operations will
be authorized in accordance with applicable regulations. Construction will be
performed with procedures appropriate to ensure that these standards are met. The
BET Retail Facility complies with this performance standard.
8
4.4.4.9 Vibration
As is typical for retail operations, the proposed retail establishments will not produce
vibrations that exceed the maximum levels established in §163-73.L of the Land Use
Ordinance. The BET Retail Facility complies with this performance standard.
4.4.5 Urban Design Standards
The BET Retail Facility is either in substantial compliance with or not subject to the
following six urban design standards of Redevelopment Plan Subsection 6.1.6.E.
4.4.5.1 Screening
All storage and loading areas will be located on the opposite side of (that is, behind)
the retail buildings from The Boardwalk, and therefore will not be visible from The
Boardwalk. Partial visibility of the loading area from Florida Avenue is unavoidable
due to the location of the access driveway to the site. All mechanical equipment will
be located in enclosures behind the retail buildings or on the roof, and will not be
visible from The Boardwalk or Florida Avenue.
4.4.5.2 Boardwalk Frontage
The entire Boardwalk frontage of the proposed development will consist of retail
uses and architectural elements.
4.4.5.3 Bellevue Avenue Frontage
The BET Retail Facility will not have frontage on Bellevue Avenue. Therefore, this
urban design standard is not applicable.
4.4.5.4 Horizontal Flat Roof Surfaces
The horizontal flat roof surfaces of the BET Retail Facility will be surfaced with a
white EPDM membrane to optimize energy efficiency.
4.4.5.5 Vertical Surfaces
The vertical surface materials of the BET Retail Facility are shown on Sheet A2.0.
4.4.5.6 Orientation of Structures
The proposed retail buildings will have a maximum height of 43 feet above msl.
9
Therefore, this urban design standard is not applicable.
Tables 1 through 4 on the following pages evaluate the compliance of the BET Retail
Facility with regulatory requirements.
10
TABLE 1
BULK AND YARD STANDARDS ANALYSIS FOR THE
SOUTH FLORIDA AVENUE REDEVELOPMENT AREA
BET RETAIL FACILITY
Standard Required Proposed Compliance
Maximum Height:
Block 37, Lots 2 through 27
and 29
Block 38, Lot 2
700 feet
130 feet
N.A.
43 feet
N.A.
Yes
Lot Requirements
Minimum Lot Area
0.781 Acres
0.781 acres
(Block 38, Lot 2)
Yes
Maximum Lot Coverage
90%
91.7%
Variance
Requested
Minimum Yard & Setback
Boardwalk
Bellevue Avenue
Florida Avenue (front yards)
Pacific Avenue
Georgia Avenue
Block 37, Rear Yard
Block 38, Rear Yard
Zero ft, up to 65 feet
1 foot
10 feet, and zero feet in
Air Rights Vacation Area.
10 feet to a height of 35
feet. Beyond 35 feet, an
additional 20 foot setback
is required.
Zero feet to a height of 55
feet. Above 55 feet, a 20
foot setback is required.
Zero feet to a height of 35
feet. Above 35 feet, a rear
yard of 25 feet is required.
No rear yard is required
Except for store entries,
Zero feet, up to 43 feet
N.A.
N.A.
N.A.
Zero feet to a height of
approximately 20 feet.
N.A.
N.A.
Variance
Requested
for Entries
N.A.
N.A.
N.A.
Yes
N.A.
N.A.
Maximum Floor Area Ratio 9.0 0.47 Yes
11
TABLE 2
COMPLIANCE WITH PERFORMANCE STANDARDS (§163-73)
BET RETAIL FACILITY
Control Requirements Proposed Compliance
D. Electromagnetic
Radiation
The project must meet the Federal
Communications Commission regulations
relating to electromagnetic radiation.
No devices that would produce electromagnetic
radiation or that would cause abnormal
degradation of other electromagnetic radiators or
receptors are proposed.
Yes
E. Fire and Explosive
Hazards
All uses and operations involving the use,
storage or handling of explosive or flammable
matter shall be in compliance with the fire
protection regulations of the City of Atlantic
City. No activities, other than approved
demolition, involving explosives shall be
permitted. Storage or use of flammable
liquids or materials shall be authorized only
by the approval of the Fire Chief.
No use involving explosive or flammable matter,
storage thereof or storage or use of flammable
materials shall occur on the site without
authorization from the Fire Chief.
Yes
F. Glare
No use shall be operated so as to produce
direct or sky-reflected glare or direct
illumination across any lot line from a visible
source of illumination of such intensity as to
create a nuisance or traffic hazard or detract
from the use or enjoyment of adjacent
property. Exterior lighting fixtures shall be
directed and shaded to prevent intensity of
light from exceeding one footcandle as
measured at any lot line.
The Boardwalk façade of the retail buildings will
be fabricated of materials that will not reflect
light onto The Boardwalk in a manner that would
create a nuisance. All exterior light fixtures will
be aimed and shielded to avoid any glare that
would detract from the enjoyment of The
Boardwalk.
Yes
G. Heat
No use or activity shall be so operated that it
emits heat or heated air beyond the property
line.
No heat or heated air will be emitted beyond the
property line. Yes
H. Noise
The sound pressure levels of noise radiated
continuously shall not exceed, at the property
line, the maximum sound levels provided for
in the City Land Use Ordinance.
The proposed development would generate no
significant noise; and allowable sound pressure
levels would not be exceeded.
Yes
I. Odorous Matter
Any condition or operation resulting in the
creation of odors of such intensity and
character as to be detrimental to the health
and welfare of the public or which interferes
unreasonably with the comfort of the public
shall be removed, stopped or so modified as
to remove the odor.
The proposed development will not generate any
odors of such character as to be detrimental to the
health and welfare of the public.
Yes
12
TABLE 2
COMPLIANCE WITH PERFORMANCE STANDARDS (§163-73)
BET RETAIL FACILITY
Control Requirements Proposed Compliance
J. Handling, discharge
and disposal of
radioactive materials
The handling of radioactive materials, the
discharge of such material into air and water
and the disposal of radioactive wastes shall be
in conformance with the regulations of the
Nuclear Regulatory Commission and
applicable regulations of any instrumentality
of the State of New Jersey.
The proposed project does not involve the
handling or discharge of any radioactive
materials.
Yes
K. Smoke, Particulate
Matter and other
Air Contaminants
No use or activity shall cause, create or allow
the emission of air contaminants for more
than 3 minutes in any hour, which at or
beyond the emission point, are as dark or
darker shade as that designated No. 1 on the
Ringelmann Smoke Chart. Open storage and
open processing operations, including on-site
transportation movements which are the
source of windborne dust and other
particulate matter, shall be conducted so that
no dust or particulate air contaminants are
transported across the property line.
Any emissions to the atmosphere resulting from
normal operations will be in compliance with
applicable regulations. Construction will be
performed with procedures appropriate to ensure
that these standards are met.
Yes
L. Vibration
At no point on or beyond the property line
shall the ground-transmitted, steady-state
vibration caused by any use or activity on that
tract exceed the limits established by the City
Land Use Ordinance.
Operation of the project will not result in the
vibration standards being exceeded. Construction
equipment, methods and procedures will be
selected to minimize vibrations during
construction.
Yes
13
TABLE 3
COMPLIANCE WITH URBAN DESIGN STANDARDS* BET RETAIL FACILITY
Control
Requirements
Proposed Compliance
1. Placement of
Structures
All mechanical equipment, storage and loading
areas shall not be visible from The Boardwalk or
streets.
Mechanical equipment and the
loading area will be behind the
retail buildings and will not be
visible from The Boardwalk.
Yes
2. Boardwalk
Frontage
The Boardwalk frontage of the structures with the
exception of entrance lobbies shall be designed
predominantly for Boardwalk oriented uses such as
restaurants, bars, retail uses and architectural
elements.
The entire Boardwalk frontage of
the proposed development will
consist of retail uses and
architectural elements.
Yes
3. Bellevue Avenue
Frontage
The Bellevue Avenue frontage of the structures,
with the exception of entrance lobbies, shall be
designed predominantly for Boardwalk oriented uses
such as restaurants, bars, retail uses and architectural
elements.
The proposed development has no
frontage on Bellevue Avenue.
N.A.
4. Roof Surfaces
All horizontal flat roof surfaces shall be developed
in such a manner as to be aesthetically acceptable
in order to secure agreeable visual conditions in
the roofscaping of the City, provided however,
that this standard shall not apply above a height of
385 feet above grade.
The horizontal flat roof surfaces of
the BET Retail Facility will be
surfaced with a white EPDM
membrane to optimize energy
efficiency.
Yes
5. Vertical
Surfaces
Vertical surfaces may be treated with reflective
surfaces provided that they do not have an adverse
impact on the surrounding uses causing visual
discomfort or any other adverse impacts.
The vertical surfaces of the BET
Retail Facility, shown on Sheet A2.0
in Attachment B, will not have an
adverse impact their surroundings.
Yes
6. Orientation
The floor level of the structures abutting The
Boardwalk shall be at the same level as The
Boardwalk or not more than 2 steps above or below
The Boardwalk.
The floor level of the proposed
structure abutting The Boardwalk
will be at the same level as The
Boardwalk.
Yes
* Redevelopment Plan for the South Florida Avenue Redevelopment Area, Subsection 6.1.6.E
14
TABLE 4
SUMMARY OF AND
COMPLIANCE WITH PARKING REQUIREMENTS (§163-70 A)
BET RETAIL FACILITY
Use
Parking Requirement* Required Parking
Residential
N.A.
Commercial
Retail (16,000 sq ft)
Restaurants**
1 space/ 300 square feet
15 square feet / person
53
0
53 spaces
1 space for each 1.5 employees on premises
TBD***
Total Spaces Required by Code
53+ spaces
Total Proposed Residential Parking
N.A.
Total Proposed Commercial Parking***
Zero spaces
Total Parking Surplus***
Zero spaces
* Based on parking requirements of the Code of Atlantic City
** Assumes 70% of proposed restaurant space is patron space and occupancy factor of 15
square feet per patron.
*** Parking variance requested in recognition of location of the site along The Boardwalk.
15
5.0 PRELIMINARY SITE PLAN APPLICATION REQUIREMENTS
PURSUANT TO SECTION 163-97 OF THE LAND USE DEVELOPMENT
CHAPTER FROM THE CODE OF THE CITY OF ATLANTIC CITY
163-97 Preliminary Site Plan Application
The following narrative addresses each requirement for preliminary site plan approval as
specified in Section 163-97 of the Ordinance.
163-97A At any time within one hundred eighty (180) days following the entry of the
preapplication conference order pursuant to Article XX hereof, the applicant may
submit an application for preliminary site plan/subdivision plat approval.
A pre-application conference was held with the Executive Director of the Casino
Reinvestment Development Authority on June 22, 2012.
163-97B Applications for approval of a preliminary site plan/subdivision plat shall be
submitted to the Land Use Administrator in such number of duplicate copies as he
may from time to time require. A nonrefundable application fee and, where required,
an escrow fee, as established pursuant to Part 1, Article III, of this chapter to help
defray administrative costs, shall accompany each application.
BET Investments is requesting Preliminary and Final Site Plan Approval for the BET
Retail Facility. Five paper copies and two digital copies (on CDs) of application
materials are submitted herewith. Separate checks for the application fee and the
professional review escrow are also enclosed.
163-97C.(1) The applicant's name and address and his interest in the subject property.
The Applicant is:
BET Investments, Inc.
200 Witmer Road, Suite 200
Horsham, Pennsylvania 19044
A disclosure statement is provided herein as Item (3) of the CRDA Application Form
in Attachment C.
163-97C.(2) The owner's name and address, if different than the applicant, and the owner's signed
consent to the filing of the application.
16
The Applicant is Boardwalk Florida Enterprises, LLC, c/o the Applicant. The
Owner’s signed consent to the filing of this application is provided on the completed
CRDA Application Form provided herein as Attachment C.
163-97C.(3) The names and addresses of all professional consultants advising the applicant with
respect to the proposed development.
ATTORNEY:
Jack Plackter, Esquire
Fox Rothschild, LLP
Midtown Building
1301 Atlantic Avenue, Suite 400
Atlantic City, New Jersey 08401
CIVIL ENGINEERS, PLANNERS
and LAND SURVEYORS:
Nicholas M. Largent, P.E.
Paulus, Sokolowski and Sartor, LLC.
Risley Square, Building 701
319 East Jimmie Leeds Road
Galloway, New Jersey 08205
and
David McInerney, P.P., AICP
Paulus, Sokolowski and Sartor, LLC.
67 Mountain Boulevard Extension
Warren, New Jersey 07059
OTHER CONSULTANT:
Tina R. Gahagan, P.E.
Cornerstone Consulting Engineers & Architectural, Inc.
1176 N. Irving Street
Allentown, PA 18109
163-97C.(4) The street address and legal description of the subject property.
The site, designated as Block 38, Lot 2 on the Atlantic City Tax Map (see Figure 2),
is bounded by the Atlantic City Convention Hall to the north, Georgia Avenue to the
east, The Boardwalk to the south and Florida Avenue to the west. A legal
description and property survey are provided in Attachment D. The legal description
17
for Block 38, Lot 2 is captioned “Trump World Fair,” which was a former use for the
site.
163-97C.(5) The names and addresses of all owners of property located within two hundred (200)
feet of the Site as shown in the latest property tax records.
This information, received from CRDA in a certified list of property owners dated
February 12, 2013 is presented as Attachment E.
163-97C.(6) The zoning classification and present use of the property.
The project site is located in the Tourism District established by CRDA. The site is
also in the South Florida Avenue Redevelopment Area for which a Redevelopment
Plan was adopted by the City of Atlantic City. The underlying City of Atlantic City
zoning designation is the Resort Commercial (RS-C) District. Presently the
development site is vacant.
163-97C.(7) (Reserved)
163-97C.(8) Evidence that the applicant has sufficient control over the subject property to
effectuate the proposed development, including a statement of all legal, beneficial,
tenancy and contractual interests held in or affecting the subject property and
including an up-to-date certified abstract of title or commitment for title insurance.
Evidence of control over the subject property is provided herein as Attachment F.
163-97C.(9) A written statement generally describing the proposed development and the market
which it is intended to serve; its relationship to the Master Plan, the capital
improvements program and the Official Map; and how the proposed development is
to be designed, arranged and operated in order to permit the development and use of
neighboring property in accordance with the applicable regulations of this chapter.
The statement shall include a description of the applicant's planning objectives, the
approaches to be followed in achieving those objectives and the rationale governing
the applicant's choices of objectives and approaches.
BET Investments proposes to construct a retail development of approximately 16,000
square feet on the 0.781-acre parcel designated Block 38, Lot 2 that fronts The
Boardwalk. The site is currently vacant but was previously occupied by the Trump
World’s Fair Hotel and Casino.
Retail establishments are permitted in the Redevelopment Area. The BET Retail
Facility is oriented towards The Boardwalk and is intended to serve a market
comprised primarily of Boardwalk pedestrians. The retail buildings will adjoin the
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Atlantic City Convention Hall, but will not impede access to or affect the use of that
facility.
The development would support the goals of the Master Plan. Through the creation
of construction and operational jobs, implementation of the project will enhance the
economic vitality of Atlantic City and provide social and economic benefits to its
residents.
Section 6.1 of the Redevelopment Plan adopts controls from the Land Use Ordinance
including the Performance Standards, and Urban Design Standards. Tables 2
through 4, respectively, describe the compliance of the BET Retail Facility with
these requirements. With the exception of deviations from The Boardwalk zero
setback requirement, the maximum coverage limitation, and the parking requirement
for retail uses, for which variances are requested, the proposed development has been
designed to comply with all of these standards and requirements.
Planning for the BET Retail Facility has been accomplished by incorporating the
Redevelopment Plan provisions with other local and state land use and land
development requirements to formulate a project that will further implement the
Redevelopment Plan. The overall objective of this planning process was to design a
project that will provide a productive use for underdeveloped space fronting The
Boardwalk, thereby helping the City achieve the goals and objectives set forth in the
Redevelopment Plan, namely to redevelop the vacant parts of the Redevelopment
Area and thereby increase the assessed value of underdeveloped lands.
163-97C.(10) A written statement addressing each of the standards set forth in 163-127 through
163-133 of this Part 5 and stating specifically how the proposed development relates
to or meets each such standard:
163-127 Consistency with other standards and regulations.
The BET Retail Facility will be consistent with all other applicable standards and
regulations. In addition to the City requirements addressed herein, the proposed
development has satisfied or will satisfy all requirements necessary to secure all
applicable permits and approvals including the following:
1. NJDEP Coastal Area Facility Review Act (CAFRA) Permit Modification;
2. CASCD Soil Erosion and Sediment Control Plan Certification;
3. NJDEP Stormwater Discharge General Permit for Construction; and
163-128 Adequacy of public improvements.
The existing public improvements previously served the Trump World’s Fair
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Casino Hotel which formerly occupied the site. These public improvements are
adequate to serve the proposed retail development.
163-129 Elimination of impacts of specified developments.
The BET Retail Facility is in compliance with Atlantic City and State master plans.
Through the creation of construction and operational jobs, implementation of the
project will enhance the economic vitality of Atlantic City and provide social and
economic benefits to its residents.
163-130 Installation of public improvements, sites and rights-of-way.
The proposed street improvements, consisting of a curb cut near the end of Florida
Avenue, have been designed with provisions for drainage, signage, pavement,
striping, curbing, landscaping and lighting in accordance with specifications of the
City Engineer and as applicable to a private development. All proposed utility-related
improvements will be performed in accordance with the specifications of the utility
provider and City Engineer.
163-131 Standards for visibility at street corners.
Florida Avenue ends in a turning bulb at The Boardwalk, so there is no true “street
corner” at the site. Adequate provisions have been made for sight distances, as
shown on Sheet C-4 (Site Layout and Dimension Plan) in Attachment A.
163-132 Energy efficiency standards.
The proposed project has been designed to comply with all aspects of the Building
Officials and Code Administrators (BOCA) code standards and other applicable
standards as indicated in the Energy Impact Statement provided in Attachment G.
163-133 Negative standards.
Negative standards are met as follows:
1. The application is incomplete in specified particulars or contains or reveals
violations of this chapter or other applicable development regulations, which
the applicant has, after written request, failed or refused to supply or correct.
Variances are requested for deviations from certain regulatory requirements
pursuant to this standard. Should CRDA require additional information, the
Applicant will supply such information in a timely manner.
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2. In the case of a site plan/subdivision plat submitted in conjunction with an
application for a planned development, a conditional use or a use variance,
the site plan fails to adequately meet specified standards required by this
chapter with respect to such development or use.
This application does not involve a planned development, a conditional use
or a use variance.
3. The proposed development interferes unnecessarily, and in specified
particulars, with easements, roadways, rail lines, utilities and public or
private rights-of-way.
The proposed development has been designed with particular attention to the
protection and preservation of easements, roadways, rail lines, utilities and
public or private right-of-way.
4. The proposed development unnecessarily, and in specified particulars,
destroys, damages, detrimentally modifies or interferes with the enjoyment of
significant natural, topographic or physical features of the site.
The project site, which is the former site of the Trump World’s Fair Casino
Hotel, has been an underutilized site of low environmental sensitivity for
many years. It lacks significant natural, topographic or physical features.
Implementing the BET Retail Facility on this site offers the potential for
benefits resulting from the reuse of a previously developed tract of land.
5. The proposed development unnecessarily, and in specified particulars, is
injurious or detrimental to the use and enjoyment of surrounding property.
The proposed development will not be injurious or detrimental to the use and
enjoyment of surrounding properties. To the contrary, the project site was
selected by the City of Atlantic City, through the adoption of the
Redevelopment Plan, as a site particularly suitable for development. The
Boardwalk frontage property is currently underutilized and the proposed
project will increase use and enjoyment of the property. The development is
not anticipated to produce any significant negative impacts to surrounding
properties. The development of this site is expected to result in overall
benefits to the site, surrounding properties and the City as a whole.
6. The circulation elements of the proposed site plan unnecessarily, and in
specified particulars, create hazards to safety on or off tract, disjointed
pedestrian or vehicular circulation paths on or off tract, undue dependence
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on automobile travel or undue interferences and inconveniences to
pedestrian travel.
The BET Retail Facility will be accessed from the Atlantic City Expressway
Connector via Pacific Avenue and Florida Avenue. The vehicular circulation
design includes a new curb cut at Florida Avenue to provide access to the
rear of the proposed retail buildings for delivery vehicles. The site adjoins
The Boardwalk, which provides access to the Atlantic Ocean beach. The
pedestrian access point to The Boardwalk from the terminus of Florida
Avenue will not be affected by construction or operation of the BET Retail
Facility.
7. The screening of the site does not provide adequate shielding from or for
nearby uses which may be incompatible with the proposed use.
The BET Retail Facility is compatible with the adjoining Atlantic City
Convention Hall and is similar in nature to the nearby shops and restaurants
that line The Boardwalk. Screening from or for nearby uses will not be
required.
8. The proposed structures or landscaping unnecessarily, and in specified
particulars, is lacking amenity in relation to or is incompatible with nearby
structures and uses.
The BET Retail Facility is compatible with the adjoining Atlantic City
Convention Hall and is similar in nature to the nearby shops and restaurants
that line The Boardwalk.
9. The proposed development unnecessarily, and in specified particulars,
creates drainage or erosion problems.
Soil erosion and sediment control measures, including the use of hay bale
dams, silt fencing and inlet sediment filters, will be implemented to minimize
any potential short-term disturbance to water quality during construction, in
accordance with a Soil Erosion and Sediment Control Plan to be certified by
the Cape-Atlantic Soil Conservation District. All federal, State and local
water quality standards will be met by the proposed stormwater management
design.
163-97C.(11) For any proposed development subject to special standards or conditions beyond
those set forth in 163-127 through 163-133 of this Part 5, a written statement
addressing each such standard or condition and stating specifically how the
proposed development relates to or meets each such standard.
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This development proposal is also subject to standards set forth in the South Florida
Avenue Redevelopment Area Redevelopment Plan, NJDEP Permit Programs
including CAFRA, and State Soil Erosion and Sediment Control Plan Certification.
The project is in general and specific compliance with the Redevelopment Plan,
subject to granting of certain variances, as described in Section 4.0 of this
application. Construction and operation of the proposed development is anticipated
to contribute to revitalization of The Boardwalk and the City of Atlantic City.
The site lies entirely within the zone regulated under the Coastal Area Facility
Review Act (CAFRA). Substantial compliance with CAFRA rules has been
demonstrated in the CAFRA Permit Modification Application dated December 2012
that has been submitted to the NJDEP.
Soil erosion and sediment control plan certification is required from the Cape-
Atlantic Soil Conservation District. An application for certification has been
submitted and is pending.
163-97C.(12) A statement of the applicant's intent with respect to the ownership, sale and leasing
of the various completed units, structures, spaces and areas within the proposed
development.
The applicant intends to develop, own and operate the project as described in this
application. The retail spaces will be leased.
163-97C.(13) If the development is proposed for construction in stages or units during a period
extending beyond a single construction season, a schedule for the development of
such stages or units, stating the approximate beginning and completion date for
each such stage or unit; the proportion of the total public and private open space
and the proportion of each type of proposed land use to be provided or
constructed during each such stage; and the overall chronology of development to
be followed from stage to stage.
The Applicant anticipates a construction period for the project of 10 to 12 months
with the retail spaces opening in May 2014.
163-97C.(14) If any stage or unit is proposed to contain a proportion of open space or other public
or private recreation or service facilities less than its proportion of other proposed
land uses, a statement of what bond, credit, escrow or other assurance is proposed to
ensure the development or provision of such open space or other facility.
This requirement is not applicable to the proposed development.
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163-97C.(15) Evidence of the financing plan the applicant proposes to use to complete the
proposed development. Evidence of the applicant's prior successful completion of
projects of similar scope may if found sufficient by the Planning Board, be accepted
in satisfaction of this requirement.
Boardwalk Florida Enterprises, LLC c/o BET Investments is the owner of the
property, and will finance this project internally.
163-97C.(16) Traffic, transit and pedestrian circulation studies indicating the relationship of the
proposed development to existing and projected transit, vehicular and pedestrian
traffic volumes and use in the immediate area, based upon both existing and
proposed or planned traffic, transit and pedestrian systems and use and indicating
any proposals of the applicant for upgrading those systems.
The volume of delivery traffic that would be generated by 16 stores with a total area
of approximately 16,000 square feet could be accommodated by the existing local
street network. The pedestrian access point to The Boardwalk from the terminus of
Florida Avenue will not be affected by construction or operation of the BET Retail
Facility. The Boardwalk has sufficient pedestrian capacity to accommodate the
movement of the project retail customers. Quantitative traffic, transit and pedestrian
circulation studies are not necessary for the scale of development proposed.
163-97C.(17) Studies including the adequacy of existing or proposed public improvements, public
sites and rights-of-way and essential public or quasi-public facilities and services,
such as transportation, police and fire protection, social and health services,
education, recreation, sanitation and energy facilities and supplies, and indicating
any proposals of the applicant for upgrading those improvements, sites, services and
facilities. Such studies shall, when required by the Planning Board, include a full
energy impact assessment prepared in accordance with the Board's regulations
pertaining thereto.
The City's Redevelopment Plan anticipates development of the South Florida Avenue
Redevelopment Area, including new retail establishments. The City adopted the
Redevelopment Plan to pursue specific public policy goals to provide land for, and
consequently promote growth and new private sector development which will
stimulate new markets and strengthen the diversity of the City's economic base.
163-97C.(18) (Reserved)
163-97C.(19) An analysis of dislocations of either residences or business establishments that will
result from the proposed development, together with any proposals the applicant may
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have for ameliorating the impacts of its development upon those whom it will
displace.
No residential or business dislocations would result from implementation of the
proposed development and local business establishments are expected to benefit as a
result of positive secondary impacts associated with the operation of the BET Retail
Facility.
163-97C.(20) A summary of the public improvements, public sites and rights-of-way and public or
quasi-public facilities, if any, which the applicant proposes to construct, contribute
or dedicate to the public in light of the impact of its proposed development upon
existing improvements and facilities and the general health, safety and welfare of the
community.
The BET Retail Facility will have a net positive effect on the general health, safety
and welfare of the community through a combination of direct and secondary
impacts associated with the creation of construction and permanent jobs and the
return of an underutilized property to the tax rolls.
163-97C.(21) A preliminary site plan or subdivision plat based on the latest Tax Map information
and of a standard size not less than fifteen by twenty-one (15 x 21) inches as required
by the Map Filing Act, drawn to a scale of not more than one hundred (100) feet to
the inch, on one (1) or more sheets, illustrating the proposed development and use
and including the following:
163-97C.(21)(a) Key map. The plan or plat shall include a key map showing the entire
proposed development and the proposed street pattern, if any, within it and
the relationship of the tract to the surrounding area, with the proposed
development shown in place.
A Key Map is found on Sheet C-1 (Cover Sheet) in Attachment A of this
application.
163-97C.(21)(b) Identification and Tax Map information. The plan or plat shall have clearly
indicated on it the following information:
163-97C.(21)(b) [1] The name and address of the applicant and, if different, the owner.
The name and address of the Applicant and Owner are found on Sheet C-1
(Cover Sheet) in Attachment A of this application.
163-97C.(21)(b) [2] The name of the proposed development.
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The name of the proposed development is found on Sheet C-1 (Cover Sheet)
in Attachment A of this application.
163-97C.(21)(b) [3] The date of preparation of the plan or plat.
Site development plans are dated as indicated on each sheet, including
revision dates.
163-97C.(21)(b) [4] Scale, reference meridian and North point.
Scale, reference meridian and north point are provided, as necessary, on the
various plan sheets provided in Attachment A.
163-97C.(21)(b) [5] The name and address of the person who prepared the plan or plat.
The names and addresses of the professionals who prepared the site
development plans are shown on specific sheets of the plans provided in
Attachment A.
163-97C.(21)(b) [6] The name, address and phone number of the person to be contacted
concerning any questions on the proposed development.
Questions regarding the proposed development should be directed to:
Timothy Edmunds, P.E., of Paulus, Sokolowski and Sartor, LLC, Risley
Square Building 701, 319 East Jimmie Leeds Road, Galloway, New Jersey
08205; Telephone number (609) 404-3990.
163-97C.(21)(b) [7] The area of the subject property in square feet and in acres to the nearest
tenth of an acre.
As shown on Sheet C-1 (Cover Sheet) of the plans provided in Attachment A,
the proposed project includes the development of Block 38, Lot 2. The
project area encompasses 0.781 acre, which equals 34,020 square feet.
163-97C.(21)(b) [8] The Municipal Tax Map plat, block and lot numbers of the existing lots, if
any, on or within two hundred (200) feet of the subject property and of
proposed lots, if any, and the number of new lots or parcels, if any, to be
created, tabulated by each separate use as proposed.
The 200' Radius Plan is found on Sheet C-3 (Existing Conditions & 200’
Radius Plan) in Attachment A.
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163-97C.(21)(b) [9] Existing zoning classifications of the subject property and properties within
two hundred (200) feet of the subject property and any proposed changes in
such classifications.
The zoning classifications of the subject property and properties within 200
feet of the Project are presented on Sheet C-3 (Existing Conditions & 200’
Radius Plan) in Attachment A.
163-97C.(21)(b)[10] The location of existing and proposed property lines and existing and
proposed building setback lines from streets or roads.
This information is included on Sheet C-4 (Site Layout and Dimension Plan)
in Attachment A.
163-97C.(21)(b)[11] Substantially accurate measurements of each lot or parcel showing front,
side and rear lot dimensions.
Such measurements are shown on Sheet C-4 (Site Layout and Dimension
Plan) in Attachment A.
163-97C.(21)(c) Survey. The plan or plat shall include a survey, certified by a registered land
surveyor, showing the property boundary lines and dimensions, available
utilities and easements, roadways, rail lines and public rights-of-way
crossing and adjacent to the subject property.
The survey for the proposed project is provided as Attachment D; this survey
indicates all property lines and dimensions, utilities and easements,
roadways, rail lines and public rights-of-way and rail lines.
163-97C.(21)(d) Natural features. The plan or plat shall show any significant natural,
topographical or physical features of the property. [Amended 6-15-88 by
Ord. No. 1-1988]
Information regarding the limited natural features of the property is provided
on Sheet C-3 (Existing Conditions & 200’ Radius Plan) in Attachment A.
163-97C.(21)(e) Circulation layout and planting strips. The plan or plat shall show:
163-97C.(21)(e)[1] The location, dimensions and number of all existing and proposed vehicular
and pedestrian circulation elements within or abutting the proposed
development, including streets and roadways, driveways, entrances, curbs,
curb radii, curb cuts, parking stalls, loading spaces and access aisles; sight
triangles at all intersections; and sidewalks, walkways and pathways. Slope
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and gradient of vehicular elements shall be known. [Amended 6-15-88 by
Ord. No. 1-1988]
Locations, dimensions and quantities of existing and proposed vehicular
circulation elements associated with this project are shown on Sheet C-4 (Site
Layout and Dimension Plan) in Attachment A.
163-97C.(21)(e)[2] Typical cross sections of all new streets and roads shall clearly indicate the
type and width of pavement and the location of curbs, sidewalks, shade trees
and noise abatement planting strips to be provided.
Locations of curbs, sidewalks, and landscaping features are shown on Sheet
C-4 (Site Layout and Dimension Plan) and Sheet C-7 (Landscape Plan) in
Attachment A.
163-97C.(21)(f) Contours. Existing contours, referenced to United States Geological Survey
datum, shall be shown at two-foot intervals, except that in areas where the
slope exceeds five percent (5%), contour intervals may be (5) feet. Any
proposed regrading shall be shown.
Sheet C-3 (Existing Conditions & 200’ Radius Plan) and Sheet C-5 (Grading
and Utility Plan) in Attachment A provide contours at one-foot intervals.
163-97C.(21)(g) (Reserved)
163-97C.(21)(h) Soil erosion. A soil erosion and sedimentation control plan, pursuant to the
requirements of N.J.S.A. 4:24-39 et seq., and the standards for Soil Erosion
and Sediment Control in New Jersey adopted by the Cape-Atlantic Soil
Conservation District.
Sheet C-6 in Attachment A is a Soil Erosion and Sediment Control Plan.
Associated details are provided on Sheet C-8.
163-97C.(21)(i) (Reserved)
163-97C.(21)(j) Easements. The location and extent of existing and proposed drainage and
conservation easements, stream encroachment lines and utility easements.
No easements are proposed.
163-97C.(21)(k) Existing water bodies. The plan or plat shall show location, extent and
normal high, normal low and mean water level elevation of all existing or
proposed water bodies on or within two hundred (200) feet of the subject
28
property. Swamps or swampy areas, whether permanent or seasonal,
marshes and wetlands are to be designated. [Amended 6-15-88 by Ord. No.
1-1988]
No components of the development will impact or infringe upon coastal
wetland areas. The Atlantic Ocean shoreline is shown on the USGS
Topographic Survey Key Map on Sheet C-1 (Cover Sheet) in Attachment A.
The mean high water elevation for the Atlantic Ocean is 2.9 feet relative to
the National Geodetic Vertical Datum of 1929 (”NGVD 29”).
163-97C.(21)(l)[1] Drainage patterns: existing and proposed overland drainage patterns.
Drainage improvements presently exist on the site. No new surface drainage
patterns will be introduced as part of the proposed project. Grading,
proposed surface flows and drainage system inlets proximate to the proposed
expansion are shown on Sheet C-5 (Grading and Utility Plan) in Attachment
A. The Surface Water Management Report prepared for the project is
provided in Attachment H.
163-97C.(21)(l)[2] Storm sewer details: all existing or proposed storm sewer lines on or within
two hundred (200) feet of the subject property, showing size of lines,
direction of flow, slope and the location of each catch basin, inlet and
manhole, if any.
Sheet C-5 (Grading and Utility Plan) of the site development plans shows the
existing and proposed storm sewer details.
163-97C.(21)(l)[3] Dry wells and water control: the location and extent of any existing or
proposed dry wells, groundwater recharge basins, retention or detention
basins or other water control or conservation divides. Percolation test
results for the area of any proposed dry well shall be submitted.
No such features are contemplated in the BET Retail Facility application.
163-97C.(21)(m) Sanitary facilities. The plan or plat shall show or be accompanied by plans
showing existing and proposed sanitary sewerage facilities serving the
proposed development, including the following:
163-97C.(21)(m)[1] Sanitary sewer distributor: the location, size, direction of flow and slope of
all existing and proposed sanitary sewer lines and pumping stations serving
the proposed development and all existing and proposed connections to
existing facilities.
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Existing sanitary sewer lines are shown on Sheet C-3 (Existing Conditions &
200’ Radius Plan) in Attachment A.
163-97C.(21)(m)[2] On-site treatment or holding facilities: the location, size, type and capacity of
any proposed on-site sanitary sewage treatment or holding facilities.
No such features are contemplated in the BET Retail Facility application.
163-97C.(21)(m)[3] Percolation tests: if on-site sewage disposal is contemplated, results of
percolation tests at suitable locations within the tract showing location, logs
and elevations of all test holes.
On-site sewage disposal is not proposed for the BET Retail Facility.
163-97C.(21)(n) Water supply. The plan or plat shall show existing and proposed connections
to the public water system and existing and proposed water mains serving the
proposed development and distribution lines on the subject property.
Existing and proposed connections to the public water system are shown on
Sheet C-5 (Grading and Utility Plan) in Attachment A.
163-97C.(21)(o) Public utilities. The plan or plat shall show all existing and proposed gas,
electric and telephone lines, mains and related facilities serving the proposed
development.
Sheet C-3 (Existing Conditions & 200’ Radius Plan) and Sheet C-5 (Grading
and Utility Plan) in Attachment A identify the limits of all existing and
proposed utility services.
163-97C.(21)(p) Proposed development. The plan or plat shall contain at least the following
details with respect to the proposed development:
163-97C.(21)(p)[1] The location, size, use and arrangement of proposed buildings and existing
buildings which will remain, if any, including outside dimensions, height in
stories and feet, floor area ratio, total floor area, total square feet and
percent of ground area coverage and the number and size of dwelling units,
rooming units and individual commercial, resort or industrial units.
The site does not contain existing buildings. Proposed buildings are described
on Sheet C-4 (Site Layout and Dimension Plan) in Attachment A and Sheet
A1.0 (Construction Floor Plan & Wall Type Details) and Sheet A2.0
(Northern, Southern, Eastern & Western Elevations) in Attachment B.
30
163-97C.(21)(p)[2] Minimum yard dimensions and, where relevant, relation of yard dimensions
to the height of any building or structure.
This information is depicted on the engineering and architectural site
development drawings included as part of this application.
163-97C.(21)(p)[3] The location, size and arrangement of all outdoor signs, lighting and refuse
storage areas. Lighting details shall include the type of standards, location,
radius of light and intensity in footcandles.
The location, size and arrangement of all proposed outdoor lighting are
indicated on the development plans submitted herewith. All lighting has
been designed to prevent glare into any public or private property or street as
required by the Land Use Ordinance.
163-97C.(21)(p)[4] The location and height of fences or screen plantings and the type or kind of
building materials or plantings to be used for fencing or screening.
This information is presented on Sheet C-7 (Landscape Plan) in Attachment
A.
163-97C.(21)(p)[5] Preliminary sketches of proposed structures.
Elevation drawings of the proposed BET Retail Facility structures are
provided on Sheet A2.0 (Northern, Southern, Eastern & Western Elevations)
in Attachment B.
163-97C.(21)(p)[6] A preliminary landscaping plan.
This information is presented on Sheet C-7 (Landscape Plan) in Attachment
A.
163-97C.(21)(p)[7] A preliminary plan of the proposed treatment of the perimeter of the
proposed development, including materials and techniques to be used.
This information is presented on Sheet C-4 (Site Layout and Dimension
Plan), Sheet C-5 (Grading and Utility Plan) and Sheet C-7 (Landscape Plan)
in Attachment A.
163-97C.(21)(p)[8] The location and total area of all usable open space, designated as public or
private.
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The areas shown on Sheet C-7 (Landscape Plan) in Attachment A comprise
the private open space proposed for the BET Retail Facility.
163-97C.(21)(p)[9] The location, designation and total area of all land to be dedicated or
reserved for public use.
No such dedication is proposed for the BET Retail Facility.
163-97C.(21)(q) Surrounding development. The plan or plat shall show the location, use, size
and height, in stories and feet, of structures and other land uses on properties
within two hundred (200) feet of the subject property and all access points to
such uses.
The 200' Radius Plan is provided on Sheet C-3 (Existing Conditions & 200’
Radius Plan) in Attachment A.
163-97C.(21)(r) Development summary. The plan or plat shall include a tabulation of the
following information:
163-97C.(21)(r)[1] The total number of dwelling units and rooming units proposed by type of
structure and number of bedrooms.
Residential use is not proposed for the BET Retail Facility.
163-97C.(21)(r)[2] The total square feet of building floor area proposed for commercial uses, for
resort uses and for industrial uses by general type of use.
Approximately 16,000 square feet of retail building floor area is proposed.
163-97C.(21)(r)[3] The proposed number of off-street parking and loading spaces for each
proposed type of land use.
As shown on Sheet C-4 (Site Layout and Dimension Plan) in Attachment A,
8 loading spaces are proposed.
163-97C.(21)(r)[4] The total land area, expressed in square feet and as a percent of the total
development area, proposed to be devoted to residential uses, by type of
structure; commercial uses; resort uses; industrial uses; public and private
open space; streets; off-street parking and loading areas; pedestrian
circulation elements and miscellaneous impervious areas.
The total proposed development area consists of approximately 14,660
square feet of roof area above approximately 16,000 square feet of retail
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space, approximately 16,500 square feet of paved off-street vehicular
circulation and loading space and paved pedestrian circulation area, and
approximately 2,900 square feet of landscaped area.
163-97C.(21)(r)[5] Copies of any easements, declarations or covenants that are to be recorded
in connection with the approval of the preliminary plan or plat.
No easements, declarations or covenants are proposed.
163-97C.(21)(r)[6] A statement summarizing all changes which have been made in any
document, plan, data or information previously submitted, together with
revised copies of any such document, plan or data.
This requirement is not applicable, as the BET Retail Facility has not
previously been submitted to the CRDA.
163-97C.(21)(r)[7] Such other and further information or documentation as the Planning Board
may deem necessary or appropriate to a full and proper consideration and
disposition of the particular application.
Additional information requested by CRDA will be submitted by the
Applicant.
163-97C.(22) Energy impact statement. Such statement shall include the following:
(a) An analysis, with documentation, of the annual energy demand
anticipated to be generated by the proposed development in terms of BTUs,
the type and quantity of fuels and the energy systems which would meet this
demand
(b) Information on energy conservation measures which the proposed
project would employ and other pertinent data as needed for the assessment
of the energy-conserving potential of the project.
(c) Identification of the constraints, if any, which would restrict the
energy conservation potential of the development.
An energy impact statement, prepared by Cornerstone Consulting, is
provided as Attachment G.
163-97C.(23) A certificate from the City Tax Collector certifying that no taxes or assessments are
due or delinquent on the subject property. [Added 6-15-88 by Ord. No. 1-1988].
33
Information from the City Tax Collector certifying that no taxes or assessments are
due or delinquent on the subject property is provided as Attachment I.
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6.0 FINAL SITE PLAN APPLICATION REQUIREMENTS PURSUANT TO
SECTION 163-111 OF THE LAND USE DEVELOPMENT CHAPTER
FROM THE CODE OF THE CITY OF ATLANTIC CITY
163-111 Final Site Plan Application
The following narrative addresses each requirement for final site plan approval as specified
in Section 163-111 of the Ordinance. Where appropriate, responses reference the
specifications provided for the previous Section 163-97.
163-111A. Upon approval of the preliminary site plan or subdivision plat and within the time
limits established in 163-107 above, the applicant may submit an application for
final plan or plat approval.
BET Investments, Inc. is requesting Preliminary and Final Site Plan Approval for
the BET Retail Facility.
163-111B. Applications for approval of a final site plan/subdivision plat shall be submitted to
the Land Use Administrator in such number of duplicate copies as he may from time
to time require. A nonrefundable application fee and, when required, an escrow fee,
as established pursuant to Part 1, Article III, of this chapter to help defray
administrative costs, shall accompany each application [Amended 6/15/88 by Ord.
No. 1-1988].
Five paper copies and two digital copies (on CDs) of application materials are
submitted herewith. Separate checks for the application fee and the professional
review escrow are also enclosed.
163-111C. The application may include the entire area included in the approved preliminary
plan or plat or one (1) or more stages or units thereof in accordance with a staging
plan approved as part of the preliminary plan or plat. The application shall add
necessary detail to and put in final form the information contained in the approved
preliminary plan or plat and shall conform to the approved preliminary plan or plat
and all conditions imposed on such approval in all respects.
The site plans in Attachment A and building design drawings in Attachment B
provide information about the proposed project in sufficient detail to meet this
requirement.
163-111D. The application shall be in such form and shall contain such information and
documentation as shall be prescribed from time to time by the Land Use
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Administrator, but shall in all instances contain at least the following information
and documentation, which information and documentation, taken together, shall
constitute a final site plan/subdivision plat.
163-111D.(1) The applicant's name and address and his interest in the subject property.
The Applicant is:
BET Investments, Inc.
200 Witmer Road, Suite 200
Horsham, Pennsylvania 19044
A disclosure statement is provided herein as Item (3) of the CRDA Application
Form in Attachment C.
163-111D.(2) The owner's name and address, if different than the applicant, and the owner's signed
consent to the filing of the application.
Boardwalk Florida Enterprises, LLC c/o the Applicant is the owner of the subject
property. The Owner’s signed consent to the filing of this application is provided
on the completed CRDA Application Form provided herein as Attachment C.
163-111D.(3) The street address and legal description and a location map of the property for
which final plan or plat approval is sought.
The site, designated as Block 38, Lot 2 on the Atlantic City Tax Map (see Figure 2),
is bounded by the Atlantic City Convention Hall to the north, Georgia Avenue to the
east, The Boardwalk to the south and Florida Avenue to the west. A legal
description and property survey is provided in Attachment D.
163-111D.(4) The date on which preliminary approval was granted by the city and, if required, by
Atlantic County and a copy of the resolution or resolutions granting such approval
or approvals.
Both preliminary and final site plan approval are requested by this application for the
BET Retail Facility.
163-111D.(5) A final version of the preliminary plan or plat required in 163-97C(21) above, and
containing any revisions required as a condition of preliminary plan or plat
approval. In addition to the blue or black line paper prints of such plan or plat
required to be included as part of the application, the applicant shall submit either
an original black ink drawing or a good quality reproduction copy on translucent
tracing cloth or its equivalent and a cloth print duplicate thereof. Such cloth copies
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shall be suitable for recording, shall comply in all respects with the New Jersey Map
Filing Law and shall contain all signatures, seals, certificates and acknowledgments,
other than those to be affixed by the city and county as a result of final approval,
necessary to effect dedications and to permit recording.
The required information and annotations are provided on the various project
drawings, which have been prepared in conformance with 163-97C(21). Five paper
copies and two digital copies (on CDs) of application materials are submitted herein.
163-111D.(6) Engineering plans, specifications and cost estimates. [Amended 6/15/88 by Ord. No.
1-1988].
Engineering plans are provided in Attachment A. Engineering cost estimates will be
provided as requested by CRDA and its reviewing consultants.
163-111D.(7) (Reserved)
163-111D.(8) A tabulation for the stage or unit of the development being proposed for final
approval of the following information:
163-111D.(8)(a) The total number of dwelling units and rooming units proposed, by type of
structure and number of bedrooms.
No dwelling units are proposed as part of the BET Retail Facility.
163-111D.(8)(b) The total square feet of building floor area proposed for commercial uses, for
resort uses and for industrial uses, by general type of use.
Approximately 16,000 square feet of retail building floor area is proposed.
163-111D.(8)(c) The proposed number of off-street parking and loading spaces for each
proposed type of land use.
As shown on Sheet C-4 (Site Layout and Dimension Plan) in Attachment A,
8 loading spaces are proposed for the BET Retail Facility.
163-111D.(8)(d) The total land area, expressed in square feet and as a percent of the total
development area, proposed to be devoted to residential uses, by type of
structure, commercial uses, resort uses; industrial uses; public and private
open space; streets off-street parking and loading areas; pedestrian
circulation elements; and miscellaneous impervious areas.
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The total proposed development area consists of approximately 14,660
square feet of roof area above approximately 16,000 square feet of retail
space, approximately 16,500 square feet of paved off-street vehicular
circulation and loading space and paved pedestrian circulation area, and
approximately 2,900 square feet of landscaped area.
163-111D.(9) Copies of all required easements, declarations and covenants to be recorded
upon final approval.
No easements, declarations or covenants are proposed.
163-111D.(10) Copies of all declarations, covenants and bylaws necessary to establish,
activate and govern any entity that is to be responsible for the management
and maintenance of any private common open space or facility.
This section is not applicable as no recorded declarations pertaining to the
management and maintenance of open space facilities are anticipated for the
BET Retail Facility.
163-111D.(11) Copies of all preconstruction permits and approvals required from any
federal or state agency or, for any required permit not yet secured, a copy of
the application as filed and a statement of its current status or a statement
explaining why an application has not been filed and indicating when it will
be filed.
A copy of the transmittal letter and LURP-2 Form for the Coastal Area
Facility Review Act (CAFRA) Major Modification Request to the New
Jersey Department of Environmental Protection (NJDEP) for the BET Retail
Facility are provided in Attachment J. The NJDEP response to the Major
Modification Request is pending. CRDA received a complete copy of the
CAFRA document in early January 2013, as evidenced by the transmittal
included in Attachment J.
163-111D.(12) Detailed landscaping plans and cost estimates.
Detailed landscaping plans are provided on sheet C-7 in Attachment A. Cost
estimates for landscaping will be provided at the request of CRDA.
163-111D.(13) Elevation drawings of all structures.
Elevation drawings are included on Sheet A2.0 (Northern, Southern, Eastern
& Western Elevations) in Attachment B.
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163-111D.(14) A statement summarizing all changes which have been made in or have
occurred with respect to any document, plan, data or information previously
submitted, together with revised copies of any such document, plan or data.
This requirement is not applicable, as the BET Retail Facility has not
previously been submitted to the CRDA.
163-111D.(15) Forms of easements and deeds to be executed upon final plan approval
necessary to convey any easements, rights-of-way or other lands or interests
in lands to be conveyed or dedicated to any governmental agency or public
utility.
No easements are proposed.
163-111D.(16) Forms of the performance guaranty and maintenance guaranty to be
submitted pursuant to 163-136 of this Part 5, upon final plan approval and of
any other performance or maintenance guaranties required to ensure
installation and completion of the entire development or any specific portion
of it or the future provision and improvement of common open space or
facilities.
A performance bond will be provided..
163-111D.(17) A certificate signed by the City Tax Collector certifying that no taxes or
assessments are due or delinquent on the subject property. [Amended
6/15/88 by Ord. No. 1-1988].
Information certifying that no taxes or assessments are due or delinquent on
the subject property is provided in Attachment I.
163-111D.(18) Such other and further information as the Planning Board shall find
necessary to a full consideration of the entire proposed development or any
stage or unit thereof.
Additional information requested by CRDA will be submitted by the
Applicant.
