Cafe La Notte DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Caf~ La Notte
APPLICANT'S AGENT: Lisa Collumb
APPLICANT'S ADDRESS: 2280 North Federal Highway, Boynton Beach, FL 334
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 16, 2002
TYPE OF RELIEF SOUGHT: Request for Conditional Use Approval for a nightclub in a C-3 zoning
district.
LOCATION OF PROPERTY: 2280 North Federal Highway, Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of BoyntonBeach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby a¢opts the
findings and recommendation of the Planning and Development Board, which Board fdund as follows:
OR
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city ~administrative
staff and the public finds as follows:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~ HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
The conditions for development requested by the Applicant, administrati~ve staff, or
suggested by the public and supported by substantial competent evidenbe are as set
forth on Exhibit "C" with notation "Included".
The Applicant's application for relief is hereby
~ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
DATED: .~- I0 - ¢::)o~ ~ ~,
S:\Planning\SHARED\WP\PROJECTS\Cafe La N~tte~Develop. Order Form-2~/~:~
All further development on the ::)ro~dv shall be made in accordance with the terms
and conditions of this order..~
....
Other
_ ~ ~ '"
Location Map
cafe. La Notte
EXH IBIT "A"
800 0 800 1600 2400
Feet
Caf&'La Notte
'1
o~
EXHiBiT'"E
EXHIBIT "C"
Revised Conditions of Approval
Project name: Caf6 La Notte
File number: COUS 02-002
Reference: 2~a review plans identified as Conditional Use Site Plan with a March 19, 2002 Plannin~ & Zoning
Department date stamp marking.
DEPARTMENTS I INCLUDE REJECT
PUBLIC WORKS- General I
Comments: None , X
PUBLIC WORKS- Traffic
i i~
Comments: None : X
UTILITIES
Comments: None , X
FIRE
Comments: None ~ X
POLICE ;
I
Comments:
I
I
1. In the event that the Watch Commander is required to hold over personnel
on overtime or call personnel in on o~ertime in order to resolve any X
extraordinary situation at Caf6 La Notte, the applicant shall be responsible
for reimbursement to the Ci_ty for tho~e overtime expenses incurred.
Extraordinary situations will be defined as:
· Those situations occurring on the prbmises of Caf6 La Notte (inside the
establishment, or anywhere within the curtilage thereof) that cannot be or
-i
are not anticipated to be resolved w~th the use of the officers assigned to
the off du_ty detail at that location, and are reasonably anticipated to
require the additional assistance of more than just one zone officer for
more than a minimal amount oft~m¢, and that are a direct result of
activities and/or events taking place !on the premises thereof, or:
· Those situations occurring on the prbmises of Caf6 La Notte (inside the
establishment, or anywhere within tl~e curtilage thereof) when no off duty
detail officers have been contracted ~['or, that ~annot be Or are not
reasonably anticipated t° be resolved with the use of not more than three
shift officers for more than a minimal amount of time, and that are a direct
result of activities and/or events taking place on the premises thereof.
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ENGINEERING DIVISION
Comments:
2. Provide location of site lighting prior to CRA meeting. X
3.
Provide photometrics to assure safet//and demonstrate no "bleeding" of
light onto adjacent propertieS (north ~ide). A certification letter showing that
this site meets minimum regulation i~ adequate.
Complete conditional use applicationl analysis for requirement #13 (sound)
prior to approval for iSsuance or modlficafion of occupational license.
Replace the bent and faded "no left tam" sign exiting the northerly drive
onto Federal Highway. Stripe and prdvide signage within the parking lot to
direct one-way traffi~ movement eaStbound in the southerly aisle and
westbound in the northerly aiSle.
X
X
X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
X
PLANNING AND ZONING
The nightclub use shall be limited
structure.
to only the 2nd floor of the existing
prevent nuisances caused by odor and sound from the existing dumpster a~-~
its proximiW 1o adjacent si-ngle-famil~ homes, the practice of ba¢¢ing, and
double bagging if necessary, all poter~tially putrescible (rotting) waste shall
continue, and clean-up ~om a nightclub activity shall not involve the
dumpster before 8:00a.m.
X
X
X
I
DEPARTMENTS INCLUDE REJECT
(Friday_ ,,,,,~n-'~ o,,,~,,,~,¢~*"-'~"~r ~. ~ere possible, speakers shall be oriented eas~d
to prevent sold ~om being emtted directly at nearby residences. No
amplified sound shall be e~tted from the upper outside deck.
9. No music, other amplified sounds, or vibration generated from the interior
of the building, whether ~om the restaur~t, lounge or nightclub shall be
audible from adjacent prope~ies except for that generated during the X
occasional opening or closing, of doors, during operation (no exterior doors
shall be left open except dunng periods when no amplified music or noise is
generated kom the propeay).
10. No project lighting shall produce glare onto adjacent residential X
prope~.
11 xr~ ~;_~,~,,~ ~, ~' ~w- ~' *'an a.m. Nightclub shall be operated X
to discontinue actih~ by 2:00 a.m. and to ensure that all pa~ons leave the
prope~ by 2:30 a.m..
12. Special events should be scheduled with ending times that would not
coincide ~th weekday, afternoon peak ~affic periods (i.e. between 4:00
p.m. and 6:00 p.m.). If this is ~avoidable, a ~affic management plansha]l X
be required and coordinated Mth, and to the satisfaction of the Boston
Beach Police Depament.
13. For special events that have spemfic ending times, o~er or operator shall
be required to have a traffic management plan to avoid ~affic congestion at X
the nearby intersectio~roadwav network which shall be coordinated with
and accepted by the Boston Beach Police Depa~ment.
14. The operator shall allocate a mnimum of three personnel to pa~o~affic
management ~thin the parhng area during closing periods to expedite the
vacating of the parking lot, prevent nmsances, and to prevent ~affic/patrons X
~om entering the residential neighborhood of Las Palmas.
15. Nightclub operation shall be limted t0 Fridays and Saturdays (and X
Sunday's until 2:00 a.m.).
Conditions of Approval
4
DEPARTMENTS INCLUDE REJECT
16. The nightclub operator shall present when applying for an occupational X
license, a notarized affidavit agreeir~g to the operational requirements that
become conditions of approval.
17. For special events, the owner/management shall close the parking area once X
filled preventing overcrowding and congestion of site.
h
18. Nightclub/special event attendance s all be counted at all times to prevent
occupancy from exceeding fire/safet~ capacity. X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS
Comments:
17. Site lighting details and photometric details shall be added to the plan X
drawings to the satisfaction of staffp~ior to review by the City Commission
(see comment #3).
18. Amplified outdoor music and sound Shall be limited to Fridays and
Saturdays. The acceptable magnitude and decibels of outdoor sound shall be
established by staff taking into account types of anticipated events and X
possibility of compatibility with adjacent residences, and the close proximity
to adjacent residences.
19. If/when regular attendance at the proposed nightclub meets or exceeds X
capacity, or when special events are anticipated to attract same, the Police
Department shall be consulted to determine optimal policing/security to
prepare for and avoid potential noise arid other related problems, and to
ensure that special events meet parking requirements. Special events that
would not meet parking requirements on site or off site as represented by a
special parking plan for the event, shall not be permitted. Recommendations
from Police Department shall be adhered to.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
20. Outdoor activities are approved for a l)eriod of 90 days, limited as follows: X
Hours of operation, Noon to 8:00 p.m, Monday through Thursday, Noon to
10:00 p.m. on Friday and Saturday, N~on to 9:00 p.m. on Sunday.
DEPARTMENTS INCLUDE REJECT
21. Temporary approval of outdoor activ!ties is to allow applicant to test period X
to demonstrate that outdoor use of thc property, during the hours applicant
has proposed, can be conducted without creating a disturbance to
surrounding residential properties.
22. The City's temporary approval of outdoor use shall be considered X
provisional and is subject to reviewed by the City Commission at a public
hearing to be held on 8/20/02. At the 8/20/02 Commission meeting, the
Commission shall reconsider only thd outdoor use provisions of the
conditional use applicant. The City Commission shall thereafter complete
the conditional use process, in accordance with the conditional use review
process set forth in the City's LDR, imposing conditions it deems necessary
to protect the interest of the public. ~
23. Applicant shall reimburse the City thei costs of providing notice of the X
8/20/02 public hearing, i
23. With the exception of the outdoor usc issue, the approval of application for X
conditional use is a final developmenI order when issued by the City Clerk. I
With respect to the outdoor use, no development order shall be considered
final until the CommiSsion concludesiits review on 8/20/02 and the City
Clerk issues a final development order.
S:\Planning\SHARED\WP\PROJECTS\Cafe La Notre\Revised Condition of Approval 5-6-02.doc