Agenda 06-26-12
CITY OF BOYNTON BEACH
PLANNING & DEVELOPMENT BOARD
MEETING AGENDA
DATE: Tuesday, June 26, 2012 TIME: 6:30 P.M.
PLACE:Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida
___________________________________________ __________________________ ___________
1. Pledge of Allegiance
2. Introduction of the Board
3. Agenda Approval
4. Approval of Minutes from May 22, 2012 meeting
5. Communications and Announcements: Report from Staff
6. New Business:
Boynton Village & Town Center (MPMD 12-003)
A.1. – Approve Master Plan Modification to
the Boynton Village & Town Center development to re-design the Cortina portion of the site
from 458 townhomes to 34 townhomes, 348 apartments and 80 single-family homes,
including the relocation and re-sizing of the park land dedication on a site zoned SMU
(Suburban Mixed Use) and located at the NE corner of Old Boynton Road and Congress
Avenue. Applicant: Michael Covelli.
Cuthill’s Backyard (COUS 12-003)
B.1.–Approve Conditional Use to allow a bar / nightclub at
an existing restaurant on a 0.66-acre site zoned C-4 (General Commercial) located at 511
th
Northeast 4 Street. Applicant: Bradley Miller.
7. Other
8. Comments by members
9. Adjournment
The Board (Committee) may only conduct public business after a quorum has been established. If no
quorum is established within twenty minutes of the noticed start time of the meeting the City Clerk or
her designee will so note the failure to establish a quorum and the meeting shall be concluded. Board
members may not participate further even when purportedly acting in an informal capacity.
NOTICE
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION OF THE PLANNING AND DEVELOPMENT
BOARD WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF
THE PROCEEDINGS AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON
WHICH THE APPEAL IS TO BE BASED. (F.S. 286.0105) THE CITY SHALL FURNISH APPROPRIATE
AUXILIARY AIDS AND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL WITH A
DISABILITY AN EQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OF A
SERVICE, PROGRAM, OR ACTIVITY CONDUCTED BY THE CITY. PLEASE CONTACT THE CITY
CLERK’S OFFICE, (561) 742-6060 AT LEAST TWENTY (24) HOURS PRIOR TO THE PROGRAM OR
ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST.
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NEW BUSINESS
6.A.1
Boynton Village & Town Center
(MPMD 12-003)
MASTER PLAN MODIFICATION
Boynton Village & Town Center MPMD 12-003 Staff Report
Memorandum No. 12-024
Page 2
Adjacent Uses:
North: Right-of-way for the Boynton Canal (C-16), then farther north is the
Renaissance Commons mixed use development, zoned SMU (Suburban
Mixed Use);
South: Right-of-way for Old Boynton Road, then farther south is a mix of multi-
family and single-family residential, zoned R-3 and R1-AA and
commercial development (Oakwood Square shopping center), zoned C-3
(Community Commercial);
East: Right-of-way for the Lake Worth Drainage District (E-4) Canal, then
farther east is single-family residential (Sky Lake), zoned R1-AA (Single-
Family Residential); and
West: Right-of-way for Congress Avenue, then farther west are developed
commercial properties, zoned C-3 (Community Commercial).
BACKGROUND
BR Cortina Acquisitions, LLC is requesting a Master Plan Modification to the Boynton Village &
Town Center Master Plan to re-design the Cortina portion of the site from 458 townhomes to 34
townhomes, 348 apartments and 80 single-family homes, including the relocation and re-sizing
of the park land dedication. Property located at the NE corner of Congress Avenue and Old
Boynton Road (see “Exhibit A” – Location Map).
The property is a former dairy farm that received land use amendment and rezoning approval in
2005. The portion of the property containing the Target and Best Buy stores was zoned C-3,
Community Commercial, and the balance of the site was zoned SMU, Suburban Mixed Use,
and approved with a corresponding master plan for development. Staff requested a master plan
for the entire site, as the interconnectivity and shared amenities warranted a comprehensive
view of the 106 acres. This original master plan depicted 405,328 square feet of commercial
space (retail, restaurant, & office) plus 1,120 dwelling units, 458 of which were townhomes
proposed in the Cortina portion of the project (see “Exhibit B” – Existing Master Plan).
Chapter 2, Article II, Section 2. D. 6., Master Plans, of the City Land Development Regulations
states that changes in planned developments shall be processed through the Planning and
Development Board and the City Commission.
ANALYSIS
The applicant is proposing to increase the number of dwelling units within the master plan from
1,120 to 1,124, with the additional four (4) units being added to the Cortina portion of the site.
The proposal would also modify the housing types from 458 townhomes to 34 townhomes, 348
apartments and 80 detached single-family homes in an effort to provide a variety of housing
options. The proposed increase in dwelling units would represent a density of 13.77 du/ac, well
under the maximum of 20 dwelling units per acre allowed under the SMU zoning and below the
density cap of 14 du/ac set by Palm Beach County as a condition of approval of the CRALLS
(Constrained Roadway At Lower Level of Service) designation for the Congress Avenue and
Old Boynton Road intersection. A CRALLS designation is a tool utilized by Palm Beach County
Boynton Village & Town Center MPMD 12-003 Staff Report
Memorandum No. 12-024
Page 3
under their Traffic Performance Standards (TPS) review of projects, when there is not adequate
right-of-way for intersection expansion to accommodate additional turn lanes and/or longer
vehicle stacking for those turn lanes. The County required other on and off-site improvements to
assist with improved vehicle, bicycle and pedestrian movement facilitation, including the
construction of the 3 and 5 lane segments of Old Boynton Road from Congress Avenue to
Boynton Beach Boulevard, the continuation of Renaissance Commons Boulevard across the C-
16 Canal and connecting with Old Boynton Road, the widening of Gateway Boulevard from
Congress to High Ridge Road to 6 lanes, and the construction of the greenway path along the
E-4 and C-16 canals. All of these improvements have been completed with the exception of the
greenway path, which is to be constructed during the development of the Cortina site.
The proposed master plan modification also depicts the relocation of the park site dedication
from the Old Boynton Road frontage to a more central and focal location along Renaissance
Commons Boulevard, at the terminus of the main east/west street through the center of the
development. The original park dedication required the previous developer to dedicate 2.195
acres as park, which was combined with the 2.528 acres of required useable open space to
total 4.723 acres of undeveloped land at the southern end of the site. The City was then
responsible for the development and maintenance of this new park site. As part of the revised
master plan, the applicant proposes to relocate the park site to a more central location,
immediately adjacent to the large lake feature, and increase the acreage from 2.195 to 3.0
acres, while dispersing the useable open space throughout the site. Additionally, the applicant
proposes to develop the site as a passive park and maintain it at his expense, saving the City
considerable expense. Staff has reviewed the proposal for the park site and supports its
relocation. A formal agreement for its relocation is being prepared and will be presented to the
City Commission for approval.
The proposed master plan modification depicts three (3)-story townhomes along the north
perimeter of the Cortina site, abutting the C-16 Canal. There are a total of 34 townhomes
proposed, with five buildings containing six (6) units each and one building containing four (4). A
total of 348 apartment units are proposed within ten (10), three (3)-story buildings surrounding
the centrally-located lake amenity. Lastly, 80 detached single-family homes are proposed at the
south end of the site (see “Exhibit C” – Proposed Master Plan).
Additionally, there are no changes proposed to the commercial portion of the master plan, other
than to update the plan with those slight modifications that have occurred since original
approval, such as minor shifts in square footage allocations between bank, restaurant, office
and retail space and driveway re-alignments required by Palm Beach County Engineering.
Staff considers the modifications to the approved master plan to be non-substantial and
believes the mix of residential unit types will enhance the overall project. Should the master plan
modification be approved, the applicant will then submit a site plan for formal review and
approval and replat the Cortina portion of the site prior to issuance of any building permits.
RECOMMENDATION
The Planning and Zoning Division recommends that this request for Master Plan Modification be
considered non-substantial, and approved subject to the comments included in “Exhibit D” -
Conditions of Approval. Any additional conditions recommended by the Board or City
Commission shall be documented accordingly in the Conditions of Approval.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\ Master Plan\Staff Report MPMD 12-003.doc
EXHIBIT "A" - SITE LOCATION MAP
BOYNTON VILLAGE & TOWN CENTER (MPMD 12-003)
C-3
SMU
PID
R1-AA
SMU
C-3
CORTINA SITE
SMU
C-3
R1-AA
OLD BOYNTON RD
R-3
C-3
R1-AA
PCD
63031506301,2601,890
EXHIBIT “D”
CONDITIONS OF APPROVAL
Project Name: Boynton Village & Town Center
File number: MPMD 12-003
nd
Reference: 2review plans identified as a Master Plan Modification with a May 24, 2012
Planning and Zoning Department date stamp marking.
INCLUDEREJECT
DEPARTMENTS
ENGINEERING / PUBLIC WORKS / UTILITIES
Comments: None, previous comments addressed.
FIRE
Comments: None.
POLICE
Comments: None.
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
Comments: None.
PLANNING AND ZONING
Comments:
1. Approval of the Master Plan modification is subject to City
Commission approval of a revised Park Conveyance
Agreement and park improvement/maintenance agreement.
2. The recorded Plat will need to be revised to reflect all changes
resulting from any approval of the new Master Plan.
3. As part of the re-plat process, the Limited Access Easement will
need to be revised to reflect the new driveway openings on the
east side of Renaissance Commons Boulevard.
4. It is the applicant’s responsibility to ensure that the application
request is publicly advertised in accordance with Ordinance 04-
007 and Ordinance 05-004 and an affidavit provided to the City
Clerk.
Subway Headquarters MSPM 12-001
ST
1 Review Comments
Page 2 of 2
INCLUDEREJECT
DEPARTMENTS
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Boynton Village & Town Center\Master Plan\MPMD 12-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Boynton Village & Town Center (MPMD 12-003)
APPLICANT’S AGENT: Michael Covelli, Covelli Design Associates, Inc.
AGENT’S ADDRESS: 2295 NW Corporate Blvd., Suite 213, Boca Raton, FL 33431
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2012
TYPE OF RELIEF SOUGHT: Master Plan Modification to the Boynton Village & Town Center
development to re-design the Cortina portion of the site from 458
townhomes to 34 townhomes, 348 apartments and 80 single-
family homes, including the relocation and re-sizing of the park
land dedication.
LOCATION OF PROPERTY: NE corner of Congress Avenue and Old Boynton Road
DRAWING(S): SEE EXHIBIT “C” ATTACHED HERETO.
________ 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
___ HAS
___ 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 “D” with notation “Included”.
4. 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.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ __________________________________________
City Clerk
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NEW BUSINESS
6.B.1
Cuthill’s Backyard (COUS 12-003)
CONDITIONAL USE
Cuthill’s Backyard (COUS 12-003)
Page 2
Memorandum No. PZ 12-026
BACKGROUND
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The subject site is located on Northeast 4 Street, approximately 625 feet north of Boynton Beach
Boulevard within the Federal Highway Corridor Community Redevelopment Plan Study Area III. The lot
is 0.668-acre, and the floor plan (see Exhibit “B”) shows there is an existing 1,867 square foot building,
located near the south property line Patrons utilize the existing off-street parking area located north of
the building. A minor site plan modification was approved earlier this year allowing for interior
renovations of the existing building, as well as for the construction of a tiki bar and installation of a self-
contained “mobile kitchen.” The tiki bar and kitchen are both located near the building and within the
fenced-in courtyard south of the parking area. A search into Business tax records revealed the
building/site has been operating as a restaurant for the last 10 years, and a live entertainment permit was
issued on February 28, 2012. Restaurants are permitted uses in the C-4 zoning district. The attached
floor plan and site plan (see Exhibit “B”) are provided to depict the existing site conditions and for
informational purposes.
PROPOSAL
Mr. Bradley D. Miller, AICP, agent for Cuthills Backyard, LLC is proposing to convert an existing
restaurant to a bar/nightclub. In the C-4 district, bars/nightclubs require Conditional Use approval. Staff
understands the property owner intends to continue operating the business as a restaurant, but desires
to have more flexibility with respect to the serving of alcohol.
As previously mentioned, the subject request (for conditional use) is not in connection with a site plan
modification (major or minor), and as a result, this application was only reviewed based on its
conformance with the standards for evaluating conditional uses. According to Part III (LDR), Chapter 1,
Article II, a conditional use is a use that that would not be appropriate generally, or without restriction,
throughout a zoning district, however, if controlled as to area, location, number or relation to the
neighborhood, would promote public appearance, comfort, convenience, general welfare, good order,
health, morals, prosperity and safety of the City. The LDR defines a bar / nightclub as the following:
BAR AND NIGHTCLUB –
Any licensed premises that is devoted predominately or totally, to the
serving of alcoholic and / or intoxicating beverages or any combination thereof, for consumption
at the licensed establishment. Leisurely dancing may occur or patrons may be entertained by live
or recorded performers who dance, sing, play instruments, or perform other acts of entertainment
(excluding adult entertainment). The service of food may be incidental to the service of the
aforementioned beverages, activities, and entertainment. These establishments are known as
but are not limited to the following: bars, cigar bars, cabarets, cocktail lounges, comedy clubs,
dance clubs, discothèques, night clubs, piano bars, pubs, and saloons.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Part III (LDR), Chapter 3, Article IV, Section 4.C contains the following standards to which conditional
uses are required to conform. Following each of these standards is the Planning and Zoning Division’s
evaluation of the application as it pertains to each of the standards.
The Planning & Development Board and City Commission shall consider only such conditional uses as
are authorized under the terms of these zoning regulations and, in connection therewith, may grant
conditional uses absolutely or conditioned upon the conditions including, but not limited to, the dedication
of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the
protection of the surrounding area and the citizens’ general welfare, or deny conditional uses when not in
harmony with the intent and purpose of this section. In evaluating an application for conditional use
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Cuthill’s Backyard (COUS 12-003)
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Memorandum No. PZ 12-026
approval, the Board and Commission shall consider the effect of the proposed use on the general health,
safety and welfare of the community and make written findings certifying that satisfactory provisions have
been made concerning the following standards, where applicable:
1. Ingress and egress to the subject property and proposed structures thereon, with particular
reference to automobile and pedestrian safety and convenience, traffic flow and control, and access
in case of fire or catastrophe.
th
The subject site contains two existing points of ingress/egress located along Northeast 4 Street.
The first existing access point is located at the southeast corner of the property; the second is
located at the northeast corner of the property. These access points adequately address the need
for typical vehicular circulation as well as for emergency and sanitation vehicles/equipment. The
operation of a bar/nightclub would not require any alteration to the driveway openings or parking
areas. The site, like the other older properties within this isolated enclave, does not contain a
sidewalk for pedestrians. Normally with older properties, staff looks for opportunities to improve
such non-conformities; however, such an improvement is not suggested at this time due to the lack
of an existing sidewalk network in the vicinity, the low volume and speed of traffic, site constraints,
and anticipated interim nature of, and ultimate redevelopment with adjacent properties.
2. Off-street parking and loading areas where required, with particular attention to the items in standard
1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent
and nearby properties, and the city as a whole.
Pursuant to Part III (LDR), Chapter 4, Article IV, Section 2.C, restaurants and bars/nightclubs require
the same amount of parking- one (1) parking space per 100 square feet, but no less than 1 space
per 2.5 seats. No additional parking spaces are required as a result of this request for conditional
use approval. The off-street parking area is deficient due to its lack of hard/finished surface, striping,
and curb stops. However, the parking lot does not have to comply with current code since the
proposed conditional use request 1) does not represent an intensification of use; and 2) no new
buildings or seating areas are being constructed. The bar/nightclub use would utilize the existing
parking area, which staff estimates can accommodate +/- 40 spaces. A hard paved surface has
been constructed near the pedestrian front entrance in order to comply with federal/state handicap
accessibility requirements.
3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above.
Consistent with Comprehensive Plan policies and city regulations, existing refuse and service areas
are provided and currently in use for this location.
4. Utilities, with reference to locations, availability, and compatibility.
Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable
water and sanitary sewer are available and would be unaffected by the use change. Any required
interior plumbing fixtures, sanitary drains, or other utility-related upgrades would be/have been
addressed through the building permit process.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
The proposed use would have no effect on the existing landscaping, which was recently upgraded
after the minor site plan modification was approved earlier this year. Large trees are located along
the west property line, and they effectively buffer the site from the railroad tracks. A newly installed
landscape berm consisting of palm trees, cactus, and other ground cover is now in place along
3
Cuthill’s Backyard (COUS 12-003)
Page 4
Memorandum No. PZ 12-026
th
Northeast 4 Street. No additional screening and buffering is warranted, due to proximity of the site
to the railroad tracks and relatively low visibility from any major thoroughfares and residential areas.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and
compatibility and harmony with adjacent and nearby properties.
No new signage is proposed in connection with this application. Any future signage, including that
which was approved in connection with the minor site plan modification application will comply with
Chapter 4, Article IV of the Land Development Regulations. A site inspection was recently
conducted which revealed the presence of a prohibited type of freestanding sign located off-
premises on a neighboring property (417 North Federal Highway), which was approved last year for
a bar/restaurant. This off-premises sign is not allowed and it is required to be removed (see Exhibit
“C” – Conditions of Approval).
7. Required setbacks and other open spaces.
The proposed use would have no effect on the existing building footprint and setbacks.
8. General compatibility with adjacent properties and other property in the zoning district.
In general, the proposed use would be compatible with adjacent properties and other existing
businesses in the C-4 district. Staff is hopeful the proposed use will motivate continued interest,
investment, and entertainment/activity into the immediate vicinity.
9. Height of building and structures, with reference to compatibility and harmony with adjacent and
nearby properties, and the city as a whole.
The existing single-story building and all other structures comply with the maximum height
allowed in the C-4 district. No change to the height is being proposed in connection with this
application.
10. Economic effects on adjacent and nearby properties, and the city as a whole.
From the perspective of collecting taxes and user fees, the economic effect/benefit resulting from the
addition of a bar/nightclub to an existing restaurant would be nominal. The applicant states that,
“Cuthill’s Backyard has already proven to be an economic asset to the area and the City as a whole.
It has renovated a dilapidated property and had brought life to a blighted area.” Additionally, the
applicant states the existing establishment, “created an attraction that has been needed for the
downtown area.” Staff concurs and is hopeful that the proposed business will help to create more
opportunities for entertainment/activity in this area of the City.
11. Conformance to the standards and requirements, which apply to site plans, as set forth in Part III,
Chapter 4. Site Plan Review, of the City’s Land Development Regulations.
The above referenced code shall not be applicable to this application because the application
merely represents a change of use without any proposal to modify the site plan.
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Cuthill’s Backyard (COUS 12-003)
Page 5
Memorandum No. PZ 12-026
12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance
standards of Chapter 2, Section 4.N. of the City’s Land Development Regulations and conformance
to the City of Boynton Beach Noise Control Ordinance.
Since March of this year, the Police Department has responded to numerous complaints regarding
this property. The Police data log shows that an overwhelming majority of these calls were noise
related disturbances. Staff has concerns regarding the noise emanating from this site and
anticipates that converting the restaurant to a bar may potentially increase the number of
complaints. Therefore, as a conditional of approval (see Exhibit “C”), staff recommends the
applicant collaborate with the Police Department to discuss, and assist with implementing options for
addressing many nuisances documented in the call records. Options could include using on-site
security or police officers, in order to increase a police/security presence and prevent avoidable
nuisances. It also should be noted that the City reserves the right to revoke the Live Entertainment
Permit if staff determines the establishment is not in compliance. With respect to hazard
performance standards, staff feels the project would not create smoke, odors, fumes, or toxic matter
that would negatively impact the neighboring properties.
13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments
shall include the following analysis:
a. Data on the sound emitting devices/equipment and the methods and materials to be used to
assure that the acoustic level of the City Code will be met.
b. The analysis shall specify the authority and/or basis for determination of the acoustic level of
the sound emitting devices/ equipment.
c. The analysis of any sound retention, reduction or reflection shall include information such as
the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used,
coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used.
d. It shall also verify that sound standards shall be met during the normal opening of doors for
people entering and exiting the establishment.
In accordance with the LDR, Chapter 3, Article IV, Section 4, a sound study certified by an
acoustical engineer, is required with the submittal of a Conditional Use application for a bar/nightclub
establishment. However, various factors justify the reconsideration of the effectiveness and benefit
of such a requirement. Such factors include the equity of the submittal requirements and varying
operational characteristics of each business (e.g., music source, form of entertainment, audio
system layout, and associated noise levels); the intent of the City’s new Live Entertainment permit
process; the City’s longstanding sound regulations that were updated in concert with adoption of the
Live Entertainment Ordinance; and most importantly, the financial burden associated with the sound
study requirement. Furthermore, the scrutiny associated with such a technical sound analysis may
be contrary to the City’s desire to attract businesses, promote a vibrant atmosphere, and to avoid
having an image of over-regulating local businesses. A Live Entertainment Permit was issued
earlier this year for the current restaurant establishment, since they proposed to have musical
entertainment outdoors. With their proposed upgrade to a bar/nightclub license, no additional
analysis would be required in connection with this application, as no change in the establishment’s
provision of musical entertainment would occur as a result of the conversion. Should violations of
the City’s sound ordinance occur on the premises, the Live Entertainment permit may be revoked.
Based on these findings, and in particular, the recent establishment of the live entertainment
approval process, staff anticipates bringing forth a code amendment in the near future to address
the issues described above.
5
Cuthill’s Backyard (COUS 12-003)
Page 6
Memorandum No. PZ 12-026
RECOMMENDATION
Based on the information contained herein, compliance with development regulations and conditional
use standards, and consistency with the Comprehensive Plan, staff recommends that this request for
conditional use be approved. Furthermore, pursuant to Chapter 2, Article II, Section 2.C.5, a time limit is
to be set within which the proposed project is to be developed. Staff recommends that a period of 18
months be allowed to obtain an additional Business Tax Receipt for the bar/nightclub component to the
establishment (see Exhibit “C” – Conditions of Approval). Any conditions of approval recommended by
the Board and required by the City Commission will be placed in Exhibit “C” accordingly.
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6
EXHIBIT “C”
CONDITIONS OF APPROVAL
Conditional Use
Project Name: Cuthill’s Backyard
File number: COUS 12-003
Reference: N/A
INCLUDEREJECT
DEPARTMENTS
ENGINEERING DIVISION
Comments: None
FIRE
Comments: None
POLICE
Comments:
1.Due to the relatively large volume of police calls to the site, staff
recommends the applicant collaborate with the police department for
options to address the problems, such as the use of police officers to
both discourage and quickly remedy preventable nuisances.
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None.
FORESTER/ENVIRONMENTALIST
Comments: None
Cuthill’s Bar - COUS 12-003
COA
Page 2 of 2
PLANNING AND ZONING
Comments:
2.Staff recommends that a period of 18 months be allowed for the
applicant to successfully obtain an additional Business Tax Receipt for
the bar/nightclub component of the establishment.
3.The sign for this establishment, located off-premises at 417 North
Federal Highway is not allowed and is required to be removed.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
CITY COMMISSION CONDITIONS
Comments: To be determined.
S:\Planning\SHARED\WP\PROJECTS\Cuthill's Backyard - 511 NE 4th St\COUS 12-003\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: Cuthill’s Backyard (COUS 12-003)
APPLICANT’S AGENT: Bradley D. Miller, AICP, Miller Land Planning Consultants, Inc.
APPLICANT’S ADDRESS: 508 East Boynton Beach Boulevard, Boynton Beach, FL 33435
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 17, 2012
TYPE OF RELIEF SOUGHT: Request Conditional Use approval to allow an existing restaurant
to also operate as a bar / nightclub establishment in the C-4
General Commercial.
LOCATION OF PROPERTY: 511 Northeast 4th Street, Boynton Beach, FL 33435
DRAWING(S): SEE EXHIBIT “B” ATTACHED HERETO.
________ 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
___ HAS
___ 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 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.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other ____________________________________________________________
DATED:__________________________ ______________________________________
City Clerk
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