LEGAL APPROVAL
Internal
Property site for Cafe LaNoUe is closed and fenced in as of February 10, 2003
due to the building of next door property, The Harbors for new townhomes, and
the business, Cafe LaNoUe is closed and until further notice not to open. Note is
being made to the file of this happening.
S:\Planning\SHARED\WP\PROJECTS\Cafe La Notte\lnternal Note for Cafe LaNotte,doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF T~ /\ _. _ ,
CITY OF BOYNTON BEACH, FLORIDA ~
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DATE OF HEARING RATIFICATIOffi BEFORE CITY COMMISSION: April 16, 2002 !
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TYPE OF RELIEF SOUGHT: R~q~~st for Conditional Use Approval for a nightclub in ~ C-3 zoning
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PROJECT NAME: Cafe La Notte
APPLICANT'S AGENT: Usa Collumb
APPLICANT'S ADDRESS: 2280 Ndrth Federal Highway, Boynton Beach, FL 334
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 Boynton! Beach, Florida
appearing on the Consent Agenda o~ the date above. The City Commission hereby a~opts the
findings and recommendation of the Planning and Development Board, which Board fl!Jnd as follows: .
OR '
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X THIS MATTER came on to be heard before the City Commission Ofthe!Cityof Boynton
Beach, Florida on the date of hearin~ stated above, The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city ~dministrative
staff and the public finds as follows: I
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
KHAS
HAS NOT
established by substa~tial competent evidence a basis for the relief req ested.
3, The conditions for development requested by the Applicant, administrati i e staff, or
suggested by the publIc and supported by substantial competent eviden : e are as set
forth on Exhibit "C" with notation "Included". '
5.
The Applicant's application for relief is hereby ,
X GRANTEq subject to the conditions referenced in paragrapt 3 hereof,
_DENIED'
This Order shall take effect immediately upon issuance by the City Cle~.
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All further development on the ~(~ shall be made in accordance witr the terms
and conditions of this order ....~\\...'I\...'TOA/"I',I/.. II
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Location. Map
Cafe La Notte
, EXH 181T "A"
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2400 Feet
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08/01/2002 15:54
4835477
ALL STAR LOCATIONS N
PAGE 05
AFFID.<\ VIT
I, LISA COLLO:MB, being sworn, certify that I have reviewed the requirements imposed
in the Development Order by the Boynton Beach City Commission regarding the
property at 2280 North Federal Highway and I am in agreement with these requirements,
Dated this _ day ofMa-y, 2002.
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LISA[~;~.g.2:J IJt I-
STATE OF FLORIDA
COUNTY OF PALM BEACH
Sworn to DT affirmed and signed before me on this 4- day of May, 2002 by LISA
COLLOMB.
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BETZ: C. RESCH
NOJ:. Y PVBLIC-ST ATE OF FLORIDA
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_X_ Personally known
Produced identification
Type of identification produced
My commission expires:
IJj'" ~ 8eItV C ReICh
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EXHIBIT.IIB
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Cafe' La Notte
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EXHIBIT "e"
Revised Conditions of Approval
Project name: Cafe La Notte
File number: COUS 02-002
Reference: 2nd review plans identified as Conditional Use Site Plan with a March 19, 2002 Planning & Zoning
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ep~ en aes Ip mar ng. ;
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS- General . l
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Comments: None X :1;
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PUBLIC WORKS- Traffic I ~
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Comments: None X i ~ I
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UTILITIES i
Comments: None ; X i
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FIRE I'
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Comments: None , X I"
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POLICE , :1,
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Comments: Ii,;
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1. In the event that the Watch Commander is reauired to hold over personnel I
on overtime or call personnel in on o~ertime in order to resolve any X
extraordinary situation at Cafe La Notte. the applicant shall be responsible
for reimbursement to the City for those overtime expenses incurred,
Extraordinary situations will be defined as: I
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Those situations occurring on the premises of Cafe La Notte (inside the I
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establishment, or anvwhere \vithin the curtilage thereof) that cannot be or I
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are not anticipated to be resolved wlth the use of the officers assigned to I
the off duty detail at that location. and are reasonably anticipated to I
require the additional assistance oftnore than just one zone officer for
more than a minimal amount of time. and that are a direct result of I
activities and/or events taking place ion the premises thereof. or: I
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. Those situations occurring on the nriemises of Cafe La Notte (inside the I
establishment or anYWhere within f e curtilaQ'e thereof) when no off duty
detail officers have been contracted or. that cannot be or are not
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reasonably anticipated to be resolveqi with the use of not more than three
shift officers for more than a mini~l amount of time and that are a direct
result of activities and/or events takibl!' nlace on the nremises thereof.
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Conditions of Approval
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DEPARTMENTS INCLUDE REJECT
ENGINEERING DNISION
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Comments:
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2. Provide location of site lighting priOT!tO CRA meeting, ; X
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3, Provide photometries to assure safe~ and demonstrate no .'bleeding" of X
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light onto adjacent properties (north side), A certification letter showing that 1'\ e{Z(. I
this site meets minimum r , is adeouate_
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4. Complete conditional use application analysis for requirement #13 (sound) X ~(U. P'
prior to approval for issuance OT modification of occupational license, /
5, Replace the bent and faded "no left tUrn" sign exiting the northerlv drive "- ~
onto Federal Highwav, Strine and nrdvide silma!!e within the narkin!! lot to X f\~(~ ?(
direct one-way traffic movement eastbound in the southerlv aisle and
westbound in the northerlv aisle. I (
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BUILDING DIVISION ; ,
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Comments: None X I
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PARKS AND RECREATION
Comments: None X
FORESTERlENVIRONMENTALIST !
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Comments: None i X
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PLANNING AND ZONING ! !
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6, The nightclub use shall be limited ito only the 2nd floor of the existing X
structure,
7, PTmide additional sereenin& C1",':egetfltive or other) on the north side of X
the GWB}3ster to redl:we sounds and odom from earrying northward, To i
prevent nuisances caused by odor and sound from the existing dumpster and
its proximity to adiacent single-familv homes, the practice of bagging, and
double bagging if necessary, alll'oteritially putrescible (rotting) waste shall
continue and clean-un from a nilrhtclub activitv shall not involve the
dumpster before 8:00a,m, I
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8, Ol:itaeor events .....hich would incl1:1d~l lR1:1sie, iB:tereems, lead speak-ers, eto. X
_1. .11 1.. ,- ....T. . _' .11 1- ' -"- .1-
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DEPARTMENTS INCLUDE REJECT
eKtenor ef the building e-xeept between the hoars of 4:00 p.m, and 8:00
p,m. (Sl:lftcle-'[ tbrell~ Thursday) aad eetweeH ~ :00 13.m. and 9:00 p.m.
(friday and Satut'da','). Where -possiBle. speakers shall be oriented eastward
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to prevent sound from being emitted directlv at nearby residences, No
amplified sound shall be emitted frorb the upper outside deck. ,
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No music, other amplified sounds, ~r vibration generated from the interior i
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of the building, whether from the r~staurant, lounge or nightclub shall be I
audible from adjacent properties qxcept for that generated during the X
occasional opening or closing of do@rs during operation (no exterior doors
shall be left open except during periqds when no amplified music or noise is
generated from the property). !
10. No project lighting shall produce glare onto adjacent residential X
property, I
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11. No nighteklb altall remain open after 2:00 a.m. Nightclub shall be operated X
to discontinue activity bv 2:00 a.m. and to ensure that all patrons leave the
property bv 2:30 a,m,
12. Special events should be scheduled with ending times that would not
coincide with weekday. afternoon peak traffic periods (i,e, between 4:00
p.m. and 6:00 p,m.). If this is unavoidable. a traffic management planshall X
be required and coordinated with. and to the satisfaction of the Bovnton ,
Beach Police Department. i
13. For special events that have specific ending times. owner or operator shall II
be required to have a traffic management plan to avoid traffic congestion at X I
the nearby intersection/roadway netWork which shall be coordinated "vith ;
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and accepted bv the Bovnton Beach Police Department. i
14, The operator shall allocate a minimJm of three personnel to patron/traffic
management within the parking arealduring closing periods to expedite the X
vacatinl! of the narkinl! lot nrevent nuisances and to nrevent traffic/natrons
from entering the residential neighbOJJhood of Las Palmas,
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15. Nightclub operation shall be limited tp Fridays and Saturdays (and X
Sunday's until 2:00 a,m.). I !
Conditions of Approval
4
DEP ART:MENTS INCLUDE i REJECT
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16, The nightclub operator shall present when applying for an occupational X "
license, a notarized affidavit agreeiIw to the operational requirements that
become conditions of approval.
17. For special events. the owner/manag~ment shall close the parkin!! area once X
filled preventing overcrowding and con!!estion of site,
18. Nightclub/special event attendance shall be counted at all times to prevent
occupancy from exceedim! fire/safetv capacitv, X
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ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY CONDITIONS
Comments: ;
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17, Site lighting details and photometric t.etailS shall be added to the plan X
drawings to the satisfaction of staff pIrior to review by the City Commission
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(see comment #3), !
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18, Amplified outdoor music and sound ~all be limited to Fridays and
Saturdays. The acceptable magnitude fd decibels of outdoor sound shall be X
established by staff taking into account!types of anticipated events and
possibility of compatibility with adjacent residences, and the close proximity
to adj acent residences.
19, If/when regular attendance at the proposed nightclub meets or exceeds X
capacity, or when special events are an~cipated to attract same, the Police !
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Department shall be consulted to deterrPine optimal policing/security to I
prepare for and avoid potential noise and other related problems, and to I
ensure that special events meet parking requirements. Special events that
would not meet parking requirements or. site or off site as represented by a
special parking plan for the event, shall! not be permitted, Recommendations
from Police Department shall be adher~d to,
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ADDITIONAL CITY COMMISSION COlimITIONS f.
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Comments: 'il
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20, Outdoor activities are approved for a ~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, Noon to 9:00 p.m. on Sunday. ,
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DEPARTMENTS INCLUDE REJhl T
21. Temporary approval of outdoor acti'ities is to allow applicant to test period X
to demonstrate that outdoor use ofth~ property, during the hours applicant
has proposed, can be conducted with~ut creating a disturbance to
surrounding residential properties,
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22, The City's temporary approval of outdoor use shall be considered X
provisional and is subject to revieweq. 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 the outdoor use provisions of the
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conditional use applicant. The City (j:ommission shall thereafter complete
the conditional use process, in accor~ce with the conditional use review
process set forth in the City's LDR, *posing conditions it deems necessary
to protect the interest of the public, , i
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23, Applicant shall reimburse the City the costs of providing notice of the X
8/20/02 public hearing,
23, With the exception of the outdoor us~ issue, the approval of application for I
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conditional use is a fInal development order when issued by the City Clerk.
With respect to the outdoor use, no d6velopment order shall be considered
fInal until the Commission concludes,its review on 8/20/02 and the City
Clerk issues a final development order,
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S:\Planning\SHARED\WP\PROJECTS\Cafe La Notte\R~ViSed Condition of Approval 5-6-02,doc