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Jerry's Cigar Lounge DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Jerry's Cigar Lounge Development P&Z Building Engineering Occ. License Deputy City Clerk APPLICANT I AGENT: Mr. Jerry Pearson II 4772 NW 90th Way, Coral Springs, FL 33067 AGENT'S ADDRESS: DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20, 2007 TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,200 square foot "cigar lounge" that proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a strip mall development located on the north side of Boynton Beach Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3301 W. Boynton Beach Blvd. (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT liB" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant -JHAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The APp,l~nt'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. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: :3-.(13-07 p~ ~/n. City Clerk S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001\DO.doc Exhibit "A" - Jerry's Cigar Lounge (of Paz Plaza) Location Map J: I- ::l Z :>:: CI) ~ ..~ 00....0 .- .. '- ~ .- CI) e ~E ~ I Cl)E () . . '1-.. ~ ~ 0>0 >- 00:0 190 95 0 I 190 380 570 N 760 + I FeetW E s ,~ ~ l' EXHIBIT B ~ :;" &'- dI D "_'9;11 :;" ~D 11'-"''' 'f ill N IS'-'" \ "- '-- Exhibit C - Conditions of Approval Project name: Jeny' Cigar Lounge File number: CODS 07-001 DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: 1. The existing landscape trees, bushes, plants and sod for the entire site should X be located in accordance with the original City approved landscape plans on file in the Planning Department as MMSP 03-101, Paz Plaza. Any existing landscape trees, bushes, plants and sod throughout the site that are dead, missing or in poor health, must be replaced in conjunction with the use of the parking lot for the conditional use. [Environmental Regulations, Chapter 7.5, Article II Sec. 7.C.] CODS 07-001 - Jerry's Cigar Lounge - Conditions of Approval 02/23/07 2 DEPARTMENTS INCLUDE k' PLANNING AND ZONING Comments: 2. Staff recommends that the owner of Paz Plaza execute a cross-access X easement agreement in order to provide interconnectivity with the doctor's office project immediately to the east. 3. The subject approval excludes amplified music or entertainment, which would X require separate conditional use approval. This excludes accessory music, television or other video entertainment played at volumes that are equal to or lower than normal conversation levels within the establishment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge CODS 07-001 \COA.doc