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AGENDA DOCUMENTS ~ .o(~J; "v1"ON \} CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to City Clerk's Office D August 6, 2002 July 17,2002 (5:00 p.m.) D October I, 2002 September 16,2002 (Noon) ~ August 20, 2002 August 5, 2002 (Noon) D October 15,2002 September 30, 2002 (Noon) D September 3, 2002 August 19,2002 (Noon) D November 6, 2002 October 14,2002 (Noon) D September 17,2002 September 3, 2002 (8:00 a.m.) D November 19,2002 November 5, 2002 (Noon) D Administrati ve D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM ~ Public Hearing D Legal D Bids D Unfmished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION: Please place this request on the August 20,2002 City Commission Agenda under Public Hearing. The City Commission, on May 10, 2002, approved the nightclub conditional use conditioned upon the impacts of outdoor activities being reviewed after the close of a 90-day trial period. This trial period would be reviewed on August 20, 2002. Staff recommends that this fmal approval be granted ifno evidence of nuisance is provided during this public hearing. EXPLANA nON: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Cafe La Notte Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval for items 20 to 24 on the Revised Conditions of Approval "Exhibit C". No occupational license has been issued for a night club; however, outdoor activities could have continued during the trial period as ancillary to the restaurant and bar/lounge uses. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A Extend the trial period for another 90 days to allow further time to obtain nightclub license and operate accordingly.. Aft~v~ ~ Depa nt Rea. s Signature ~~~ Department e City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Cafe La Notte\Agenda Item Request Cafe LaNotte 8-20-02.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM. DOC .?!t1t ~~ 'rON ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form :'vtust be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to Citv Clerk's Office Meeting Dates in to Citv Clerk's Office 0 August 6, 2002 July 17,2002 (5:00 p.m.) 0 October I, 2002 September 16,2002 (Noon) 12] August 20, 2002 August 5, 2002 (Noon) 0 October 15,2001 September 30, 2002 (Noon) 0 September 3, 2002 August 19, 2002 (Noon) 0 ]\;ovember 6. 2002 October 14,2002 G'loon) 0 September 17,2002 September 3,2002 (8:00 a.m.) 0 :-iovember 19.2002 November 5, 2002 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM I2J Public Hearing 0 Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the August 20,2002 City Commission Agenda under Public Hearing. The City Commission, on May 10, 2002, approved the nightclub conditional use conditioned upon the impacts of outdoor activities being reviewed after the close of a 90-day trial period. This trial period would be reviewed on August 20, 2002. Staff recommends that this fmal approval be granted if no evidence of nuisance is provided during this public hearing. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Cafe La Notte Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval for items 20 to 24 on the Revised Conditions of Approval "Exhibit (", No occupational license has been issued for a night club; however, outdoor activities could have continued during the trial period as ancillary to the restaurant and bar/lounge uses. PROGRAM IMPACT: FISCAL IMPACT: AL TERNA TIVES: N/A N/A Extend the trial period for another 90 days to allow further time to obtain nightclub license and operate accordingly.. Department Head's Signature City Manager's Signature 17.- c.) -z,/Z. L Departme~e City Attorney i Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Cafe La Notte\Agenda Item Request Cafe LaNotte 8-20-02.dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC EXHIBIT "C" 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 D d ki epartment ate stamp mar ng. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments: None X I PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: l. In the event that the Watch Commander is required to hold over personnel on overtime or call personnel in on overtime in order to resolve any X extraordinary situation at Cafe La Notte. the applicant shall be resoonsible for reimbursement to the City for those overtime expenses incurred. Extraordinary situations will be defined as: . Those situations occurring: on the premises of Cafe La Notte (inside the establishment. or anywhere within the curtilag:e thereof) that cannot be or are not anticipated to be resolved with the use of the officers assigned to the off duty detail at that location. and are reasonablv anticipated to I require the additional assistance of more than iust one zone officer 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. or: . Those situations occurring: on the premises of Cafe La Notte (inside the establishment. or anywhere within the curtilag:e thereof) when no off duty detail officers have been contracted for, that cannot be or are not reasonably anticipated to 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 DEP ARTMENTS INCLlTDE REJECT ENGINEERING DIVISION I Comments: 2. Provide location of site lighting prior to CRA meeting. X 3. Provide photometries to assure safety and demonstrate no "bleeding" of X light onto adjacent properties (north side). A certification letter showing that thi c; <::;TP' mP'P't<:: ;<:: I 4. Comolete conditional use aoolication analvsis for requirement #13 (sound) X prior to approval for issuance or modification of occuoationallicense. 5. Replace the bent and faded "no left turn" sign exitinlZ the northerly drive onto Federal HilZhway. Stripe and provide signag-e within the parking lot to X direct one-way traffic movement eastbound in the southerly aisle and westbound in the northerly aisle. BUILDING DMSION Comments: None X PARKS AND RECREA nON Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING 6. The nightclub use shall be limited to only the 2nd floor of the existing X I I structure. I , 7. Pre\iae aaaiti0nal sereeaiag (vegetative or other) 8R ~e Rerth side of X I the a1::llBflster te reduce S81::lReS aae edors frsm earrying RertW:lard. To prevent nuisances caused bv odor and sound from the existinlZ dumoster and i its oroximity to adiacent sinlZle-family homes. the practice of balZlrinlZ. and double baelrinlz if necessary. all potentially putrescible (rottine) waste shall continue. and clean-uo from a nilZhtclub activity shall not involve the dumoster before 8:00a.m. 8. 01:ltaeer eveRts whieh v:eala iaehuie masie, iater~oms, lenul spealEers, ete. X _ t. _ 11 t. . ... . ... T. . . ~. . . _'..11 ,. ...t!.. ~L DEP ARTMENTS INCLUDE REJECT eKterier ef the euildiRe: eKeeet eePNeea the he1:1rs of 4:00 a.m. aRd 8:00 a.m. (SHReaV tnrol:lefl TIuH'sday) aRd eetweeR 1:00 a,m. afl.e 9:00 a.m. (Friaav aRa SaRirdav). Where possible. speakers shall be oriented eastward to prevent sound from bein2 emitted directly at nearby residences. No amplified sound shall be emitted from the upper outside deck. 9, No music, other amplified sounds, or vibration generated from the interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the X occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the property). 10. No project lighting shall produce glare onto adjacent residential X property. 11. Ne Righteh:lB shall remaia of'ea after 1:00 a.m. NilZhtclub shall be operated X to discontinue activity by 2:00 a.m. and to ensure that all patrons leave the propertY by 2:30 a.m.. 12. Special events should be scheduled with ending times that would not coincide with weekday. afternoon peak traffic periods (Le. between 4:00 p.m. and 6:00 p.m.). If this is unavoidable. a traffic mana2ement planshall X be reauired and coordinated with. and to the satisfaction of the Bovnton Beach Police Department. 13. For special events that have specific ending times. owner or operator shall be reauired to have a traffic management plan to avoid traffic congestion at X the nearby intersection/roadway network which shall be coordinated with and accepted by the Bovnton Beach Police Department. 14. The operator shall allocate a minimum of three personnel to patron/traffic manaszement within the parking area durinsz closinsz periods to exuedite the vacating of the parkimz lot. prevent nuisances. and to prevent traffic/patrons X from enterinsz the residential neilZhborhood of Las Palmas. 15. Nightclub operation shall be limited to 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 agreeing to the operational requirements that become conditions of approval. 17. For soecial events. the owner/management shall close the 9arking area once X filled oreventing overcrowding and congestion of site. 18. Nightclub/soecial event attendance shall be counted at all times to orevent occuoancy from exceeding fire/safety caoacity. 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 staff prior 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. li7when 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 and 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 period 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. CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Deadline for Submittal to City Pit D/CRA Requests Deadline Commission Meeting Clerk's Office Dates Au ust 20 2002 Se tember 3 2002 Se tember 17 2002 October 1 2002 October 15 2002 DNovember 6 2002 October 14, 2002 *Due to holiday on September 2nd Departments are responsible for securing the following si natures on attached A enda Ruest Form: De artment Head Wilfred Hawkins for de artments under Administrative Services Finance De artment for items that involve ex enditure of funds All back u material is attached All exhibits are attached & marked e. . Exhibit "A' ...J:>~ 0v-'~ Department Head's i,nitials: ~J--! _ _ C+ L-=- ;GI:.-f-'~c- - Cj;;:2..Q.5 - Z- .)tC-C.", Please do not write in the shaded area below. of /m Cb.c-$- 0 ('. t')~Cx:-___ , . I If:-/, / O-C.-n v 'm . Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason: Person contacted to pick up rejected request by on (Date) bg - 7/19/02 S:\Planning\Planning Templates\AGENDA ITEM COVER SHEET CHECKUST.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 March 19.2002 March 6, 2002 (5:00 p.m.) 0 May 21, 2002 May 8, 2002 (5:00 p.rn,) 0 April 2, 2002 March 20, 2002 (5:00 p.m.) 0 June 4, 2002 May 22, 2002 (5:00 p.m.) 0 April 16,2002 April 3. 2002 (5:00 p.m.) 0 June 18,2002 June 5, 2002 (5:00 p,m,) ~ May 7, 2002 April 17,2002 (5:00 p.m,) 0 July 2,2002 June 19,2002 (5:00 p,rn,) 0 Administrative 0 Development Plans NATlJRE OF 0 Consent Agenda 0 New Business AGENDA ITEM ~ Public Hearing 0 Legal 0 Bids 0 UnfInished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION: Please place this request on the May 7,2002 City Commission Agenda under Public Hearing. The City Commission tabled this item on April 16, 2002 to allow further time for the applicant and staff to generate alternative conditions that properly address both project impacts and operational objectives. Certain proposed conditions have been revised and new conditions added, in part, to minimize impacts generated at closing time through minimum staffmg and traffic circulation requirem'lents, to set the time period for outdoor activities to be 4:00 p.m. to 8:00 p.m., to prevent congestion and unsafe conditions through regular counting of patrons and the monitoring of parking capacity (closing the parking lot once filled), and to require reimbursement for overtime expenses incurred by the Police Department. The applicant currently agrees to all conditions except requests that outdoor activities be allowed from noon to 8:00 p.m. on weekdays, and from noon to 10:00 pm. on weekends including Friday. The Community Redevelopment Agency Board with a 4 to 2 vote, recommended that the subject request be approved subject to changes to staff comments as indicated in the original conditions of approval. For further details pertaining to the request, see Department of Development Memorandum No. PZ 02-061 and the attached set of revised conditions. EXPLANATION: PROJECT NAME: AGENT: OWNER: LOCATION: DESCRIPTION: CAFE LA NOTTE Lisa Collomb Schgai, Inc. 2280 North Federal Highway Request Conditional Use Approval to allow a nightclub in a C-3 zoning district. PROGRAM 11\1P ACT: FISCAL IMP ACT: ALTERNAT De City Manager's Signature ~{.l-u -"/A~ Planning and Zoning ir ctor City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Cafe La Notte\Agenda Item Request Cafe La Notte tabled 5-7-02,dot S:\BULLETIN\FOR..'vIS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-061 TO: Chairman and Members Community Redevelopment Agency FROM: Michael Rumpf Director of Planning and Zoning DATE: March 26, 2002 SUBJECT: Cafe La Notte - COUS 02-002 Conditional Use Approval - Nightclub/Restaurant PROPOSAL SUMMARY Contained herein is a description of the subject project. The applicant is requesting conditional use approval to operate a nightclub in a restaurant under the name of "Cafe La Notte". The use is proposed for the existing 14,099 square foot, two-story building located at 2280 North Federal Highway. The current zoning of the property is C-3 requiring conditional use approval for the nightclub. The site is situated on the east side of Federal Highway at the foot of Gateway Boulevard just south of Las Palmas. It has approximately 124 feet of frontage along the Intracoastal Waterway. Boat docking facilities are also available at the site. The entertainment proposed by the applicant includes amplified music provided by live entertainment or by a Disk Jockey. The hours of operation will be from 9:00 PM to 2:00 AM. Alcoholic beverages will be served. Prior to 1988, bars and coctail lounges were permitted uses within the C-3 zoning district. A nightclub has been intermittently operated at this location for many years. The city had licensed the nightclub use prior to 1988, as well as for several years after 1988 based on its legal-nonconforming status. It was in 1988 when city regulations were amended to require that bars and cocktail lounges be conditional use if within 600 feet of a residential zoning district. In December, 2000, city regulations were again amended to specifically establish the "Nightclub" as a conditional use, regardless of distance from a residential zoning district. Under current regulations a "nightclub" is defined as "a restaurant, bar, lounge or similar establishment serving alcoholic beverages, that feature dancing, theatrical, cabaret, or similar entertainment and lor electronically amplified music". It is understood that a nightclub use on the property was ultimately discontinued and no longer licensed for over 6 months, consequently losing its legal-nonconforming status. Current regulations now apply to the property including the requirement for conditional use approval. Applicant/Agent: Lisa Collomb Project name: Cafe La Notte General description: Conditional use approval for Restaurant with Nightclub Property size: Total Site: 4.159 acre Parcel on North US-1 at Gateway Boulevard/181 ,166 square feet Land use: Local Retail Commercial (LRC) Current Zoning: Community Commercial C-3 . Cafe La Notte - COUS 02-002 Page 2 Memorandum No. PZ 02-061 Location: 2280 North Federal Highway (See Exhibit "A"-Location Map). Building area: 14,099 square foot existing, two-story building (See Exhibit "B" - Site Plan). Surrounding land uses/zoning: North - Texaco Gas Station zoned C-3 and single-family homes within Las Palmas zoned R-1-M; South - Vacant parcel (future Intracoastal Park) zoned REC; East - Intracoastal Waterway/Lake Worth; West - U.S.-1 and FEC railroad right'-of-way, and farther west a convenience store zoned C-2. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations 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 standards. The Planning and 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, 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. Adequate access exists on site. The parcel has access from Federal Highway to the west and Las Palmas to the north. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection 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. A restaurant/nightclub use is required to have one (1) parking space per two and one-half (2.5) seats, but not less than one (1) space per one hundred (100) square feet of gross floor area. Using that methodology the proposed use requires a total of 232 spaces. This is based on the nightclub capacity of 580 seats ('L'd floor only). The site has 244 off-street parking spaces. Therefore, parking requirements are met, based in part, on the assumption that use of both the restaurant and proposed nightclub would have offsetting hours of peak operation. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. . Cafe La Notte - COUS 02-002 Page 3 Memorandum No. PZ 02-061 Dumpsters are located on site and waste is removed by the City of Boynton Beach. See conditions of approval for recommendations relative to added screening. 4. Utilities, with reference to locations. availability, and compatibility. The Utility Department has indicated that utility serviceslcapacity are available for this new tenant use. 5. Screening, buffering and landscaping with reference to type. dimensions, and character. No new site improvements are proposed. A six (6) foot high wall and 10 to 12 foot hedge extends along the north side of the property where the property abuts those single-family homes located west of the adjacent canal. This wall separates the adjacent homes from the parking lot and a portion of the existing structure. However, the hedge stops prior to the dumpster enclosure, and the wall stops midway along the building, at the easternmost terminus of the finger canal from the Intracoastal Waterway. The remainder of the northern perimeter has limited landscaping, some apparently within planter boxes or pots, and is naturally limited by lack of adequate space to allow the continuation of the buffer wall along the entire length of the property (the code requires a CBS wall, painted to match the structure, where a commercial district abuts a residential district). This buffer wall would have limited affect as a sound buffer due to the close proximity to the adjacent residential properties, and due to the fact that the commercial building is two stories in height. Staff was unable to determine if a variance or relief against this segment of the wall was ever approve or determined unnecessary possibly due to separation by the canal. Although there also exists several mature canopy trees spotted along the perimeter wall, but not dense enough to form a continuous buffer or screen above the wall, the mature hedge is very tall and therefore likely blocks the majority of light, and some sound generated from the parking lot. With respect to the south property line, where the property abuts the planned city park, there exists a six (6) foot hedge along the first half of the parking lot, which increases to approximately 10 feet for the remainder of the distance to the building. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The parking lot contains lighting. No new lighting is proposed. The Engineering Division has requested a certification letter stating that the site meets the minimum lighting regulations (See Exhibit "Cn - Conditions of Approval ). Error! Not a valid link. No new signs have been submitted with this conditional use application. One freestanding pole sign is located at the Federal Highway entrance. 7. Required setbacks and other open spaces. The proposed use does not affect setbacks or open space requirements. 8. General compatibility with adjacent property and other property in the zoning district. The subject property has been used as a restaurant and lounge for over 20 years. Occupational License information indicates that since 1983, the property has been occupied by 17 restaurant businesses, some of which simultaneously operated nightclubs. The current code requires the conditional use application for the nightclub. Cafe La Notte - COUS 02-002 Page 4 Memorandum No. PZ 02-061 The proposed use and the adjacent, waterfront single-family homes are not typically compatible uses, particularly in locations with lower density housing or outside the immediate downtown core. It should be noted that the property is currently under contract for purchase by a residential development company, and staff has met with two developers (residential) in the past 2 months to discuss development scenarios and allowable densities on the site. Staff reviewed police records that document calls on the subject property, and determined that in 1992 there were 105 complaints onlcalls to the subject property. This total included categories such as "disturbance" (including "disturbance-noise)': "suspicious incident': "burglary~ "unwanted guest': "vandalism': "narcotics': "assault': and "trespassing". It should be noted that this list contains 22 calls for noise disturbances, and that this list is not all inclusive as it excludes other categories including "accidents': "civil': and "larceny". Calls from an earlier period, 1989, were also tabulated and revealed that a total of 39 calls to the subject property related to noise. It is also noteworthy that the majority of police calls occurred on Sundays, during the afternoon or early evening periods. Staff is unable to determine the total days the nightclub operated during the two-year periods for which police records were reviewed. The subject commercial property basically represents an isolated district or spot zone, unrelated to adjacent land uses (excluding those land uses on the opposite side of Federal Highway). Despite its current existence, and that it was originally developed for a restaurant and nightclub, the proposed use, at minimum, should not generate nuisances within this residential neighborhood. 9. Height of building and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. The existing two-story building meets the code requirements for the C-3 Commercial zoning district. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The restaurant use is operational. Approval of this conditional use application will allow the addition of the nightclub operation. One lot immediately adjacent to the existing building remains vacant, however, the adjacent neighborhood is nearly built-out with upscale, waterfront, single- family homes, some of which are new or under construction. Due to the existence of the waterfront amenity, the negative characteristics generated from the nightclub or restaurant may be offset (staff did not review nor compare comparable residential property value records). Otherwise, given the current characteristics of new homes within the adjacent neighborhood, it is difficult to determine the potential local and city-wide economic impacts from the past operation of the nightclub. 11. Conformance to the standards and requirements that apply to site plans. as set forth in City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review. With incorporation of staff comments, the site will comply with most requirements of applicable sections of city code. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4 of the zoning regulations; also, conformance to the City of Boynton Beach Noise Control Ordinance Cafe La Notte - COUS 02-002 Page 5 Memorandum No. PZ 02-061 With incorporation of the site lighting, landscaping, and specific operational requirements as indicated herein, the use would likely operate in a manner that is in compliance with the above- referenced codes and ordinances of the City of Boynton Beach. Of course, strict enforcement and policing are necessary to minimize or eliminate associated nuisances. CONCLUSIONS/RECOMMENDA TION Given that the structure was built for a waterfront restaurant and nightclub. its prior licensed use as a nightclub. and the possibility for compatibility if the aforementioned restrictions are followed, staff recommends that this request be approved, subject to the following site improvements and operational restrictions which are also included within Exhibit "C"-Conditions of Approval: 1 ) The nightclub use shall be limited to only the 2nd floor of the existing structure; 2) Provide additional screening (vegetative or other) on the north side of the dumpster to reduce sounds and odors from carrying northward; 3) Outdoor events which would include music, intercoms, loud speakers, etc. shall be prohibited; 4) No music, other amplified sounds, or vibration generated from the interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the property); 5) No project lighting shall produce glare onto adjacent residential property; 6) No nightclub shall remain open after 2:00 a.m.; 7) Nightclub operation shall be limited to Fridays and Saturdays (and Sunday's until 2:00 a.m.); and 8) If/when regular attendance at the proposed nightclub meets or exceeds capacity, or when special events are anticipated to attract same, the Police Department shall be consulted with to determine optimal policing/security to prepare for and avoid potential noise and other related problems. Recommendations from Police Department shall be adhered to. 9) The nightclub operator shall present when applying for an occupational license, a notarized affidavit agreeing to the operational requirements that become conditions of approval. MR/lg Attachments \\CH\MAIN\SHRDA T A\Planning\SHARED\WP\PROJECTS\Cafe La Notte\Slaff Report-COUS 02-002.doc Location Map ca1e La Notte EY.n \8\1 ",t.:,' O ^"" 1600 2400 Feet sro~ ~-- ~ l& -~' $ -------- .------------- .--------.. EXH\B\T HI Cafe La Notte 1 & \ T \ ... 1 <"l ! r- , r <r .. t/l ..... '! \ <:> \ , t61 '- ~ ~ or '~ :r ~ Q l' 03 '\ '" " ';q~ ~o :;, \ I \~ " o~ . ;r:r 1_~ I ~ .-.. ,.- .. ~ 8 YO '" I \f :t t 11 ~ '" \ 1--\ tll .. ~ ~ -D"I\j 0.').% -l:. ." ~ i ... 1 "1 .. o ,. Co i \ ... <I\~ J ' l'" ..a _ ~ ~ .,~.l \> , ~ .. ~ \0- ... 1~= .~ ~~~ ~ ~ ~... ~. , . <:', , .......,..-. 'v" 1l _'; _. .~~.~:.:._.....;..::.....,~: 0'-:;' ~ , ,~t. j" . '.. ;J , .r~ ......f )::~~{.~ "\. ~ . ...., '0' ~~'. . : "'';;-:'' .: .~:~:~::: .~ ~::. \'.~:. '::, ~, ;;;~'~~ ~ . '.~ ':,:' .........,.... .... . '1i l~ 11 .~ ,. . ~::" .'J >...~.. ~ l!-" . .1', i !t'l' , h'.~ ~~~\' lti~1 \h 11 i\~ !,',' ~J~ I," ! , ,,'~I ,~IIJ ,-1 ' .1.1~ ,15.1 .::... ., /~: i::\~"'~~'! ~~~.i~ ;.:- /(,~;j-!/ .-~;,:-'t :~ ...~.":";, ~... ., .....':"..~. z- -.------.-- ----------- EXHIBIT "C" 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 D d b epartment ate stamp mar ng. DEP ARTMENTS INCLlJDE REJECT PUBLIC WORKS- General Comments: None X PUBLIC WORKS- Traffic Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: 1. In the event that the Watch Commander is required to hold over personnel on overtime or call personnel in on overtime in order to resolve any X extraordinary situation at Cafe La Notte. the al'plicant shall be responsible for reimbursement to the City for those overtime expenses incurred. Extraordinary situations will be defined as: . Those situations occurring on the premises of Cafe La Notte (inside the establishment. or anywhere within the curtilage thereof) that cannot be or are not anticipated to be resolved with the use of the officers assigned to the off duty detail at that location. and are reasonably anticipated to require the additional assistance of more than iust one zone officer 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. or; . Those situations occurring on the premises of Cafe La Notte (inside the establishment. or anywhere within the curtilage thereof) when no off duty detail officers have been contracted for. that cannot be or are not reasonably anticipated to 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 DEP ARTMENTS INCLUDE REJECT ENGINEERING DNISION Comments: 2. Provide location of site lighting prior to CR.A. meeting. X 3. Provide photometries to assure safety and demonstrate no "bleeding" of X light onto adjacent properties (north side). A certification letter showing that this site meets m TPl7ulation i" arlpouate. 4. Complete conditional use application analysis for requirement # 13 (sound) X prior to approval for issuance or modification of occupational license. 5. Replace the bent and faded "no left turn" sign exiting the northerly drive onto Federal Highway. Stripe and provide signage within the parking lot to X direct one-way traffic movement eastbound in the southerly aisle and westbound in the northerly aisle. BUILDING DNISION Comments: None X P ARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND Z01'l1NG 6. The nightclub use shall be limited to only the 2nd floor of the existing X structure. 7. Pro';ide additional screening (yegetative or other) on the north side of X the dumpster to reduce sounds and odors from carrying north'Nard. To I prevent nuisances caused bv odor and sound from the existing dumpster and I its proximity to adiacent single-familv homes, the practice of bagging, and ! double bagging if necessary, all potentially putrescible (rotting;) waste shall continue, and clean-up from a nightclub activity shall not involve the dumpster before 8:00a.m. 8. Outdoor e';ents '.vhich y;ould include music, intercoms, loud speakers, etc. X .t .11 t. 'T' . No amnlified music/sound shall be emitted from the DEP ARTMENTS ~/'" ~- .......... -7 '()-' '\ / \<1, ~CLUDE exterior of the buildinl! excent between the hours of 4:00 n.m. lmd 8:00 ) n.m. (Sundav throul!h Thursdav) and between 4:00 n.m. \anct H :mrn.m~ (Fridav and Saturdav), Where nossible sneakers shall be or~~d eas~~ to prevent sound from being emitted directly at nearbv residences. No amplified sound shall be emitted from the upper outside deck. REJECT 9. No music, other amplified sounds, or vibration generated from the interior of the building, whether from the restaurant, lounge or nightclub shall be audible from adjacent properties except for that generated during the occasional opening or closing of doors during operation (no exterior doors shall be left open except during periods when no amplified music or noise is generated from the property). x 10. No project lighting shall produce glare onto adjacent residential X property. 11. No nightolub shall remain open after 2:00 a.m. Nightclub shall be operated X to discontinue activity by 2:00 a.m. and to ensure that all l'atrons leave the monertv 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. 13. F or special events that have specific ending times, owner or operator shall be required to have a traffic management plan to avoid traffic congestion at X the nearby intersection/roadway network which shall be coordinated with and accepted by the Bovnton Beach Police Department. 14. The operator shall allocate a minimum of three personnel to patron/traffic management within the parking area during closing periods to expedite the vacating of the parking lot, prevent nuisances, and to prevent traffic/patrons X from entering the residential neighborhood of Las Palmas. 15. Nightclub operation shall be limited to Fridays and Saturdays (and X Sunday's until 2:00 a.m.). Conditions of Approval 4 I DEPARTMENTS I INCLUDE I REJECT I 16. The nightclub operator shall present when applying for an occupational X license, a notarized affidavit agreeing to the operational requirements that become conditions of approval. 17. For special events. the O\vner/management shall close the parking area once X filled preventing overcrowding and congestion of site. 18. Nightclub/special event attendance shall be counted at all times to prevent occupancy from exceeding fire/safety 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 staff prior 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 :rolice Department shall be consulted to determine optimal policing/security to prepare for and avoid potential noise and 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. .WDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S:\Planning\SHARED\V\IP\PROJECTS\Cafe La Notte\Revised Condition of Approval 5-6-02.doc DEVELOr- 'ENT ORDER OF THE CITY COIV -'SSION OF THE CITY OF BOYNTON BEACH, FLur<IDA PROJECT NAME: Cafe 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 Boynton Beach, Florida appearing on the Consent Agenda on the date above. The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found 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: 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 S:IPlannlng'.SHAREDIWPIPROJECTSICafe La NottelDevelop.Order Form-2002.ReVlsed.doc