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CORRESPONDENCE DEPARTMENT OF DEVELOPMENT, MEMORANDUM NO. PZ 02-052 TO: Janet Prainito City Clerk f'1t.1Z-- FROM: Michael W. Rumpf Director of Planning and Zoning DATE: March 6, 2002 SUBJECT: Cafe La Notte Conditional Use - CO US 02-002 Accompanying this memorandum you will find an application and supporting documentation for the above-referenced case. A check in the amount of $1000.00 to cover the review and processing of this application has been forwarded to the Finance Department. The legal advertisement for this request will be forwarded to your office after review by the City Attorney. This request is scheduled for the April 9, 2002 Community Redevelopment Agency Board meeting and the April 16, 2002 City Commission meeting. Please advertise in the newspaper and notice property owners accordingly. MRlLG Attachments S:IPlanningISHAREDlWPlPROJECTSICafe La NoltellegalNotice.doc REQUEST FOR PUBLISHING lEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a legal Notice or legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Plannino and Zonino Division PREPARED BY: Michael Rumpf DATE PREPARED: March 6.2002 BRIEF DESCRIPTION OF NOTICE OR AD: Reouest for Conditional Use approval to allow Cafe la Notte to operate a niohtclub in a C-3 zonino district. April 9. 2002 - Community Redevelopment Aoency Board meetino and April 16. 2002 - City Commission meetino. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD lEGAL AD SEND COPIES OF AD TO: Property owners (postmarked March 31. 2002) within a 400 foot radius of the subiect property. applicant and the Plannino and Zonina Director. NEWSPAPER(S) TO PUBLISH: The Post DATE(S) TO BE PUBLISHED: March 31. 2002 APPROVED BY: 3~~~ (Date) #/~ (~t:) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING .- Lisa Collomb has requested the following parcel located at 2280 North Federal Highway, to be considered for Conditional Use approval. legal Description: lot 6, and the west 326.01 feet of the south 67.29 feet of lot 5, and the south 1.5 feet of the north 70.00 feet of the west 245.39 feet of lot 5, less the west 94.00 feet for right of way of State Road NO.5 of Sam Brown Jr.'s Hypoluxo Subdivision as recorded in Plat Book 1, at Page 81, of the Public Records of Palm Beach County, Florida. Proposed Use: Night Club A PUBLIC HEARING TO CONSIDER THE REQUEST IS SCHEDULED BEFORE THE COMMUNITY REDEVELOPMENT AGENCY BOARD ON TUESDAY APRIL 9, 2002, AT THE CITY HALL COMMISSION CHAMBERS, 100 E. BOYNTON BEACH BOULEVARD, BOYNTON BEACH, AT 6:30 P. M. AND ON TUESDAY APRIL 16, 2002 BEFORE THE CITY COMMISSION AT CITRUS COVE COMMUNITY ELEMENTARY SCHOOL, 8400 LAWRENCE ROAD, BOYNTON BEACH AT 6:30 P.M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability and equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate ~ur request. CITY OF BOYNTON BEACH PLANNING AND ZONING (561) 742-6260 DIVISION PUBLISH: March 31, 2002 The Post NOTICE OF PUBLIC HEARING Lisa Collomb received conditional use approval for a night club at the following parcel located at 2280 North Federal Highway. As a condition of approval, the approval of outdoor use shall be considered temporary until reviewed after 90 days by the City Commission to determine if outdoor activities can be conducted without creating a disturbance to surrounding residential properties. . legal Description: lot 6, and the west 326.01 feet of the south 67.29 feet of lot 5, and the south 1.5 feet of the north 70.00 feet of the west 245.39 feet of lot 5, less the west 94.00 feet for right of way of State Road No.5 of Sam Brown Jr.'s Hypoluxo Subdivision as recorded in Plat Book 1, at Page 81, of the Public Records of Palm Beach County, Florida. Use: Night Club (Cafe la Notte) & Outdoor Noise A PUBLIC HEARING TO CONSIDER THIS CONDITION OF THE CONDITIONAL USE APPROVAL IS SCHEDULED BEFORE THE CITY COMMISSION AT THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 20, 2002 AT 6:30 P.M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability and equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate ~ur request. CITY OF BOYNTON BEACH PLANNING AND ZONING (561) 742-6260 DIVISION PUBLISH: August 10, 2002 The Post AUG - 8 2iJ~;. DEPARTMENT OF DEVELOPMENT MEMORANDUM NO. PZ 02-160 TO: Janet Prainito City Clerk IVI ~'R- FROM: Michael W. Rumpf Director of Planning and Zoning DATE: August20,2002 SUBJECT: Cafe La Notte Conditional Use (COUS 02-002) Review of outdoor activities (test period) Accompanying this memorandum you will find a legal advertisement for this review which has also been forwarded to the City Attorney. This review is scheduled for the August 20, 2002 City Commission meeting, which is the review of the impact of outdoor activities on adjacent neighborhoods, as required as a condition of original approval. Please provide with the ad cost which I'll forward to the applicant to initiate reimbursement. Please advertise in the newspaper and notice property owners accordingly. MRllG Attachments S:IPlanning\SHAREDlWPlPROJECTSICafe La NoltelLegalNotice 90 days.doc REQUEST FOR PUBLISHING LEGAL NOTICES AND/OR LEGAL ADVERTISEMENTS A completed copy of this routing slip must accompany any request to have a legal Notice or legal Advertisement published and must be submitted to the Office of the City Attorney two (2) working days prior to the first publishing date requested below. ORIGINATOR: Planninq and Zonino Division PREPARED BY: Michael Rumpf DATE PREPARED: Auoust 2,2002 BRIEF DESCRIPTION OF NOTICE OR AD: Ad for Commission's review of the impact of outdoor activities of Cafe La Notte on adiacent neiohborhoods. as required as a condition of oriqinal approval.. Auqust 20,2002 -City Commission meetino. SPECIAL INSTRUCTIONS AND REQUIREMENTS: (Size of Headline, Type Size, Section Placement, Black Border, etc.) STANDARD lEGAL AD SEND COPIES OF AD TO: Property owners (postmarked Auoust 10. 2002) within a 400 foot radius of the subiect property. applicant and the Plannino and Zonino Director. NEWSPAPER(S) TO PUBLISH: The Post DA TE(S) TO BE PUBLISHED: Auoust 10, 2002 APPROVED BY: (1) ~ (.)~ (Originator) . 7-h -o~ (Date) (2) (City Attorney) (Date) RECEIVED BY CITY CLERK: COMPLETED: NOTICE OF PUBLIC HEARING Lisa Collomb received conditional use approval for a night club at the following parcel located at 2280 North Federal Highway. As a condition of approval, the approval of outdoor use shall be considered temporary until reviewed after 90 days by the City Commission to determine if outdoor activities can be conducted without creating a disturbance to surrounding residential properties. legal Description: Lot 6, and the west 326.01 feet of the south 67.29 feet of lot 5. and the south 1.5 feet of the north 70.00 feet of the west 245.39 feet of lot 5, less the west 94.00 feet for right of way of State Road No. 5 of Sam Brown Jr.'s Hypoluxo Subdivision as recorded in Plat Book 1, at Page 81, of the Public Records of Palm Beach County, Florida. Use: Night Club (Cafe la Notte) & Outdoor Noise A PUBLIC HEARING TO CONSIDER THIS CONDITION OF THE CONDITIONAL USE APPROVAL IS SCHEDULED BEFORE THE CITY COMMISSION AT THE COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD., BOYNTON BEACH, FLORIDA ON TUESDAY, AUGUST 20,2002 AT 6:30 P.M. All interested parties are notified to appear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates. Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability and equal opportunity to participate in and enjoy the benefits of a service, program or activity conducted by the City. Please contact Patricia Tucker (561) 742-6268 at least twenty-four hours prior to the program or activity in order for the City to reasonably accommodate your request. CITY OF BOYNTON BEACH PLANNING AND ZONING (561) 742-6260 DIVISION PUBLISH: August10,2002 The Post - ~ . ,---J ~ 30 Time and Date of Meeting 7/f.//, 73 '0 *..z, Those attending mee~~ . / pU ~ L~4 ~ Aa~y-- Applicant's Name: PRE-APPLICATION CONTACT QUESTIONS C/}d, ~L;;u~ Phone: 1ft lIN-103;:: 1. HAVE YOU SPOKEN TO M'Y STAFF MEMBER ABOUT THE PROJECT? Yes / No (IF YES, HAVE THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: 2. LOCATION OF PROPERTY ROSS STREETSIINTERSECTIONS) 3. WHAT WOULD YOU LIKE TO DO? NEW PROJECT BUILDING EXPANSION OR MODIFICATION. L/ ~ ~ CHANGE IN PRIOR USE? fIl-o d-trL?::'7 (/c, k-c /~r-t-l '-- IS THE STRUCTURE CURRJiNTL Y VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? RESIDENTIAL PROPERTY? ~TIUSTRIAL PROPERTY? DO YOU KNO\V THE ZONING CODE DESIGNATION? l/ c, 4. TIME AND DATE PREFERRED a ~7'/'/ ;;7;;., "'c~4- r; I- j, ).- HO\V MANY PEOPLE WILL BE AT THE PRE-APP l\t1EETING? 5. Note: Tell the person that someone from the Department will call them to confirm the meeting. .................................................................................. . Pre-application meetings should be scheduled for a minimum of one (I) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. If urgency is sensed, discuss with Mike or Lusia. . l\Ieetines may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Lusia is not available for Tuesday a.m. meetings, and Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m. S:\P I ann j ng\Planning\Pre-app I icationcontactquestions.doc 1C Cg.o~'4 bl~fl--i'* PRE-APPLICATION MEETING LOG IHEETING DATE: ft.,-- i~ -0 Z APPLICATIONS: ffirtl'P ZOl'l'lNG DISTRICT: C B PROJECT NAl'\1E: I TI1\'1E: l CJ I- ~o' I' .' ~D ATTENDING STAFF: ATTENDING AS APPLIC. PHONE: Ctl-est~ 5;'} Vi h FA....X: NAl'\1E OF APPLICAl~T/CONT ACT: ADDRESS: PHO~'"E: fV'M.A'ct I FA_X: PROJECT ADDRESS: 101 S F~ PROPOSED TYPE OF USE/OCCUP A.:.""i DATE SUBIHITTAL RECEIVED: COlVl1\1ENTS: J:'.sHRDATA\PI:!nning\SHARED\WP\PROJECTS\PRE APPUCATIO","S :\IEETI."G LOGS\Pre-Applic:![ion ~[ce[i,,~ Log.doc PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT l\tIEETING DATE: TThIE : ATTE~1)ING FOR APPLICA1~T: NOTICE: The purpose of this conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes ass related to the proposed development and to discuss site plan review procedures. Opinions express at the pre-application conference are not . binding for formal review purposes. Additional staff comments may be forth coming based on actual lans submitted for review. City of Boynton Beach Attending for Applicant Attending Staff L p-.V2G. I I IcL~ I I I I I i ::;) ERtc.- ;:yo h ).)S~ C~\jJ v:>... ~ l-. ~ J:\.SHRDA T A\PLA'INL.....C',sHARED\ WP\FOR.\IS\PRE-APPL :'rIEETf.'iG-SIG:'t' L"i SHEET.DOC Page 1 of2 Tucker, Patricia ----------- ---- ------- --.-.. --- .- ------- -------_. . - - To: Johnson, Eric Subject: RE: Cafe La Notte COA ~~ ~'1~ 0Vw ~ ~~ "b ~~~ -----Original Message----- From: Johnson, Eric Sent: Monday, June 10, 2002 3:08 PM To: Tucker, Patricia Subject: Cafe La Notte COA Pat, Below, Jason Mankoff from Michael Weiner's office is requesting the conditions of approval for the Cafe La Notte project. I think it was tabled from the City Commission and never approved. I know that some documents can be faxed and some can't (our policy). Would you respond to his request or delegate to your support staff? Thanks. ~ -----Original Message----- ~ t.A..J "- From: Jason S. Mankoff [mailto:jsmdelraylaw@bellsouth.net] I Sent: Monday, June 10, 2002 3:00 PM . ^ "1A.J...A~ L -.AAA ~ of.- To: Johnson, Eric - --IT---~ (J'"' r-r_ Subject: Re: Noise ordinance L.... V ~ ~ ~ ~ ~ /i"""'~ ~ ~ ~ Eric, Could you also fax or email me the conditions of approval from Cafe la notte. Thahh. - ~~~ ~~ ti ~ Jason S. Mankoff, Esq. Weiner & Aronson, P.A. 561-2652666 x 3 ----- Original Message ----- From: ~ohnson, Eric To: 'Jason S. Manls91f' Sent: Monday, June 10,20022:37 PM Subject: RE: Noise ordinance Jason, I will forward you email to Mike Rumpf. -----Original Message----- From: Jason S. Mankoff [mailto:jsmdelraylaw@bellsouth.net] Sent: Monday, June 10, 2002 2:40 PM To: rumQbm..@ci.boynton-beach.fl.us Cc: Johnson, Eric Subject: Noise ordinance Mike/Eric: In the minutes of the April 9 CRA meeting, there is a reference to a new noise ordinance distance/decibel type regulation. 6/11/2002 6/11/2002 Could you email me or fax (272-6831) me a copy at your earliest convenience. Thanks. Jason S. Mankoff, Esq. Weiner & Aronson, P.A. 561-2652666 x 3 Page 2 of2 d~3 /i, 'sl.J(Lv{hl -- A' r J .' ,';jo" ' 'J .,< f1 v~.J''};e,d..... y.l' r - fll/t (tAf ._~ ~c ./ me;? J.. '"\ . L..--,;M/.li!T'PL (; Jr' ') 1,__ -:u <;y r.JJ .- I J I " .LA ..j,,? ::;fA"'!' /l,:,Jf , ,..2.' 'f V' -,..'1'" ' (" " ~:L ;:(;-yu:'J - t'," >.'N. .... "'_ ,..'i:,~'J J \ ---... 2 ,/ i.O 9 q I 5' ~ )0 I / I I 10 Y r- 2> -----qz/ t'R ~ _ 0-At ~ "J Iftr''>(x,J'-'j / "'- ) ,'""' I'r /,,' ',.f c' /..tjo>J\ ..- . ,.'! .~_. t . ' C--3 !J cr:t ~ (' J I...' fA IJ < / <.... t,...J -~. f " ~.,< (' f,1Jt : ~ c; ,r I ji {~~~ e:. ,__~..,_.._.,.~_. .'_' ,,_~,"_' f . .~ I f 9 ID I J ~ J~ ! 9 g L/ I L-j o 02 2 s- . \ , , Cp /' (L) :; - /]~ AtA--/ CJft ( &J) d'r'A-b /' f'iJ ..oJ '1 y G g J' ; '-f ..J.--- Q..(o .",' \ \ 'J v l FROM: Panasonic FAX SYS~l PHOt..JE NO. Apt.. 15 20102 04: 52Pf'1 F2 ,i,t r,~ u~ '1"'''' J7.":'1 1.\': ~.;." ",,\:~ '.!_'~'..' i \!(.. .~~ {Ii,; 2 /1/$. Kn:rrte Jr.~bb 723 ~~'iunti.al Dri:.:J€" Boynton B~".c1r:, FL 33495 Ar1rH 15,2002 l/fJ;i:o~-: 'LIllI.t^- ---.~ fr f / I APR I 6.' " -- :!.~ ,; ~---- !; I; j. r !i; Tv \Vhom It May COlll,;em: ,...-.-..~-- . /c. .- . y~ . . An, P~eage accept r:1)' ]ett~ <ls an opposing vote to the chang.:Ag of Care la l-.;"ott.;l (located at 22BO ~'orth l:'fjderal Higl-:vva;') !h"l'~l a rSStai.U'9~'1t into :1 nlglr; club and extending the hours 1;01. a.Tn The outside Tr.L1.W~ wc'!...ld bl!l a di;!11r"ttn~:e!o my!.!~lf and a IN .)fthe <.)th~T {esident& in the neighborhooc. ~ '. ~ SinC~/ A ~~9>f ,. 'I ~ '/ :~ f ~ , ~: \ i I ! I I j I , I !. I I i I -. ~.~r[t The Palms, 630 lakeside Harbor, Boynton Beach, Florida 33435 U.S.A. Tel/Fax: 561-740-3311 " Cellulan 954-614-8334 E-maU: Barc1aysLTD@cs.com Barclay Hotise, '1.7 Barn Close, Albourne, Sussex BN6 9DG U.K. Tel: 01'1.73 835940 01'1.73 834'1.46 Dear Sir or Madam: In reference to the zoning application submitted by Cafe La Notte, I wish to register my complaint against this application. I was present at the meeting that took place on April 09,2002. I listened to the various complaints made by several of the local residents, as to which I agree. Unfortunately, it is my opinion that the committee was disinterested with our complaints. I reside just two blocks away from Cafe La Notte, and every Sunday afternoon the noise from the reggae band (and various other talents) that Cafe La Notte present, is just overwhelming. Not to mention very disturbing to our neighborhood. I ask you to please consider yourself in this situation, living in this respectable neighborhood. Would you tolerate such a late-night disturbance? Therefore, it is my sincere request that you deny Cafe La Notte their request to extend their business hours. If you would like to discuss this matter further, with myself or other neighborhood residents, please feel free to contact me at any time. '----- 'ill rn '@ rn .u w ~ (~~.- E-~-~'~l' I ' , ': Mn I 5 Ij.-.~,' ; ! '1'W"ft f..lJ~L , , -3~~' ~~- " r;. ~ ,. I . ~ '''''' /'. ' . fLAl\j';li'~:':' r\l~O ZONING DEPT. " " Registered in England Corporation Registration Number: 1494040 ,J) [ ~ ('c-V Sl) 0 i(j' . 6'G~' ~~ rr. (( ~v )\~ ~;/ (.r^' "\ '. { /( (j- llr-o i / "=:"/-./>1 8' G 0 - 7 f'" s- - 3""'-~ C h '-' c.~ft :13_5 - /0 00 'i's- r/;?J C~/Y't("~s:c~C".r .J- .4'1('5 k- ~ cv-.-fJ--=-v-S f;,e.- 5~,,",L7' ft-1.:t2 t'" b"~-"'o6 "Y) c~ "=~-(,c.,, v:;( M~C-y hoC:'co.y / I y'-,> .5,/l~<' Io"-.s -r- 6; L':-., /c,.J=-r -/--:=f~ CCA.,-..,c.= r ()e.L!.d/71 <2--1Ie-'M a /9~J> u ?~I';. fv<c:-Ic;~~,fJ fr;.fc-rry ..:....-/10 cd::: (?Ic--fo Y'1efr;c p r:..Y\S ;)'(1 no,; ? 5-,r;r7 n~e:cO c<=-r-fi fi'c\C"--h~. {~-r-r"c.-r .r-? (; ~ 'Fro-':: Ji-.JJ 4 71,;<. C L Y--f1H c<>---(-tCh {€- -f".f?r MINUTES OF THE COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, APRIL 9, 2002 AT 6:30 P.M. Present larry Finkelstein, Chairman Jose Aguila Alexander DeMarco Don Fenton Jeanne Heavilin, Vice Chair Michelle Hoyland Henderson Tillman Quintus Greene, Director of DevelopmenVCRA Lindsey Payne, Board Attorney Mike Rumpf, Planning & Zoning Director I. Call to Order Chairman Finkelstein called the meeting to order at 6:30 p.m. and introduced the Board members. Mr. Greene introduced the Planning & Zoning staff. II. Roll Call The roll was called and all Board members were present. III. Agenda Approval There were no additions, deletions, or corrections to the agenda. Motion Mr. Aguila moved to approve the agenda, seconded by Vice Chair Heavilin, and carried 7-0. IV. Minutes of March 12,2002 Meeting Motion Mr. DeMarco moved to approve the March 12, 2002 minutes, seconded by Vice Chair Heavilin, and carried 7-0. V. Director's Report A. Financial 1) March 2002 Financial Statement Meeting Minutes Community Redevelo~nt Agency Boynton Beach, Florida ..., April 9. 2002 Quintus Greene pointed out that the beginning balance was $6,202,173. The CRA earned $446 in interest during March and the ending balance after expenses of $162,679 was $6,039,940. The $468 for copy machine rental should be $300 and will be back-charged and corrected. The $218 for advertising was for the web advertising for the CRA Director's position. The $1049 for business meetings included travel reimbursement and lunches for the interviews. The $914 for office supplies covered such expenses as paper, ink, and so forth, which the City has been bearing and will begin to transfer to the CRA. The CRA paid $59,702 and $98.947 for principal and interest, respectively, on its $3M loan. Pursuant to the Board's direction, $5.5M was transferred to a new account at Sun Trust Bank that is currently paying 2.18% versus the 1.9% the money was earning in the State Pool. Mr. Greene and Diane Reese, the Finance Director, made a decision to hold back $750,000 of the fund in the existing Pool because the Sun Trust account charges a fee for over three withdrawals a month. The $750K represents the operating budget as well as the anticipated requirements for property acquisition. Mr. Greene reported that staff costs for the month of March had been $2,256.40 plus $519.60 in expenses. From October 1, 2001 through March 31, 2002, the staff costs have been $22,304.82, plus expenses of $2,351.05. The City has been careful to include direct staff costs for CRA work only. B. Project Updates 1) Federal Highway: Staff is continuing to work to finalize the standards and criteria for Mixed Use and Mixed-Use light Zoning Districts authorized by the City Commission. They are also considering a new infill PUD Zoning District for the Federal Highway Corridor and expect that this will be brought to the CRA at its May 14 meeting. 2) Heart of Boynton: Staff is continuing to work on the Comprehensive Plan Amendment for submission to the Department of Community Affairs. The City Manager's office has had ongoing discussions with the County regarding a possible land swap that would facilitate the transfer of the Cherry Hills Public Housing site to the City. 3) Ocean District: Phase II of the Ocean District Planning process continues with a community visioning session scheduled for Thursday, April 11 at 6:00 p.m. in the library Program Room. The purpose is to solicit input from residents and businesses in the area regarding the future of the District. 4) Marina/Promenade/Rlverwalk: A revised Marina Development Agreement is tentatively scheduled for City Commission action on April 16. The Resolution of Necessity authorizing the use of Eminent Domain to acquire property for the Promenade and the Riverwalk is scheduled for the May 7 City Commission meeting. 5) Wayflndlng Slgnage Program: Public Works Staff has provided a Scope of Work to the City of Hollywood and is scheduled to meet with them this week to discuss this. 2 Meeting Minutes Community Redevelop.. .~nt Agency Boynton Beach, Florida April 9, 2002 6) Property ~cquisition: Mr. Greene introduced Jim Nardi, Vice President of The Urban Group, to give a brief update on property acquisition. Mr. Nardi stated that his company had received authorization to proceed with property acquisition for seven parcels identified by the Board. The seven parcels are owned by six people. To date they have contacted five of the owners. Of those five, there is one unwilling seller and a willing but unreasonable seller for two other parcels. They are still pursuing two agreements and attempting to make contact with the sixth seller. Mr. Tillman asked if there were a timeframe when the deals could be concluded with the two willing sellers. Mr. Nardi stated they were pursuing an option agreement and once they were negotiated, they would meet with the Board and identify the parcels that the CRA could acquire and at what expense. At this time a determination could be made about whether the Board wished to pursue the option or have them do further due diligence. In order to get the option agreements signed, they need to do a little more research on the value and, should have something on paper within two to four weeks. Mr. Tillman asked whether the Board would be informed by its next Board meeting and Mr. Nardi said yes. Mr. Nardi also commented that they were dealing with some individuals and some corporations and that some decision-making was still going on by the sellers, which also takes time. Mr. DeMarco asked Mr. Nardi if they were getting appraisals done on the property. Mr. Nardi said some appraisals were available and his company was doing market value analyses. Mr. DeMarco asked if they would continue to try to work with the unreasonable willing sellers and Mr. Nardi stated they would. Mr. Tillman asked for an explanation about a motion made at the previous meeting about a parking change in the MlK Overlay Zone. He did not think that the Heart of Boynton plan was fully set yet. Chair Finkelstein stated that staff had brought this item before the Board as a means of loosening the parking requirements as an initial step to allow more development on Martin luther King, Jr. Boulevard until the Heart of Boynton Plan was finalized. C) Future Agenda Items Mr. Greene advised the Board that it would have six items to consider at its May 14 meeting - three Zoning Code variances, two new Site Plans, and a Height Exception. D) City Commission Action None VI. Unfinished Business None VII. Public Hearings Chair Finkelstein advised the audience about the procedures to be followed for Public Audience. 3 Meeting Minutes Community Redevelo-..ent Agency Boynton Beach, Florida -' April 9, 2002 Attorney Payne administered the Oath to all persons who would be testifying. Zoning Code Variance A. Project Name: Agent: Owner: location: Description: Boynton Hills Block CLot 152 Ash Bullard P.B. Horizons, Inc. Boynton Hills, Block C, lot 152 Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum front setback of 25 feet for a single-family home within the R-1-A zoning district, to allow for a variance of 8.7 feet, and a front setback of 16.3 feet. Request relief from Chapter 2, Zoning, Section 5.D.2.a, requiring a minimum rear setback of 25 feet for a single-family home within the R-1-A zoning district, too allow for a variance of 17.5 feet. and a rear setback of 7.5 feet. Michael Rumpf, Planning & Zoning Director, gave the Board some background on this request. Staff's research revealed that a hardship exists as a basis for granting this variance and recommended approval. Ash Bullard, Lorraine Court, North Palm Beach, agent for the owner, stated that the owner has agreed to all the Conditions of Approval. Since no one wished to speak on this subject, Chair Finkelstein closed the Public Audience. Mr. Tillman asked about the reaction of the neighbors. Mr. Rumpf replied that notices had been sent out to all homes within 450 feet of this property and the City had not received any negative comments. Motion Mr. Aguila moved to approve the request for relief from Chapter 2, Zoning, Section 5.D.2.a, allowing for the requested front and rear setback variances, subject to all staff Conditions of Approval. Mr. DeMarco seconded the motion that passed 7-0. Annexation B. - Project Name: Agent: Owner: location: Description: OfflcelWarehouse Condominiums, CKS, Inc. Jeffrey Smith, JMS Design, Inc. CKS, Inc. lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request for annexation of 0.67 acre of vacant land located in unincorporated Palm Beach County 4 Meeting Minutes Community Redevelop., .dnt Agency Boynton Beach, Florida April 9, 2002 Dick Hudson, Senior Planner, presented the request for Annexation and the land Use Amendment/Rezoning simultaneously. The Conclusion and Recommendations portion of Memorandum PZ 02-065 dated April 1, 2002 relate that this request is consistent with the intent of the Comprehensive Plan, will not create additional impacts on infrastructure that have not been anticipated in the Comprehensive Plan, will be compatible with adjacent land uses, and will contribute to the overall economic development of the City. Staff recommended approval of all three actions: annexation, land use amendment, and rezoning. Jeffrey Smith, JMS Designs, Inc., 211 South Federal Highway, offered to answer questions from the public. Since there was no one that wished to speak, Chair Finkelstein closed the Public Audience. Mr. Tillman asked who would pay for the wastewater hookup to CKS and Mr. Hudson replied that CKS would. Chair Finkelstein asked if the extension of wastewater to this area were in any of the City's plans and Mr. Hudson replied that it was not. Motion Mr. DeMarco moved to approve the request for annexation of 0.67 acre of vacant land in unincorporated Palm Beach County. Mr. Tillman seconded the motion that carried 7-0. Land Use Amendment/Rezoning Description: CKS, Inc. JMS Designs, Inc., Jeffrey Smith CKS, Inc. lot 44 of Tradewinds Estates - South of Miller Road, East of FEC Railroad Request to amend the Comprehensive Plan Future land Use Map from Commercial (Palm Beach County) to General Commercial (GC) for 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard C. Project Name: Agent: Owner: location: Request to Rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) on 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. Chair Finkelstein opened the Public Audience but closed it when no one wished to speak. 5 Meeting Minutes Community Redevel~ent Agency Boynton Beach, Florida ..., April 9, 2002 Motion Ms. Hoyland moved to approve the request to amend the Comprehensive Plan Future land Use Map. Mr. Tillman seconded the motion that passed 7-0. Motion Ms. Hoyland moved to approve the request to Rezone General Commercial (CG-Palm Beach County) to General Commercial (C-4) on 0.67 acres of vacant land located on the east side of Old Dixie Highway between Miller Road and Gulfstream Boulevard. Mr. Aguila seconded the motion that passed 7-0. Conditional Use/Site Plan D. Project Name: Agent: Owner: location: Description: Wendy's @ Riverwalk Jennifer liszak, land Design South Riverwalk Plaza Joint Venture SE corner Woolbright Road and Federal Highway/US1 Request Conditional Use Approval for a fast-food restaurant with a drive-through facility. Eric Johnson, Planner, gave the Board some background on the project, which is a Major Site Plan Modification for the Riverwalk Shopping Center. A restaurant is a permitted use in the C-3 zoning district. The Conditional Use is only required for the drive-through feature proposed for the east side of the building. Mr. Johnson explained the standards used to evaluate this Conditional Use and a detailed analysis is contained in Memorandum No. PZ 02-066, attached to the original minutes on file in the City Clerk's Office. Based on their analysis of the project, compliance with development regulations, and consistency with the Comprehensive Plan, staff recommended that this request be approved subject to satisfaction of all Conditions of Approval. Also, staff recommended that a one-year time period be allowed to initiate the project. Joe Lalonek, of Land Design South, 1280 North Congress Avenue, West Palm Beach, appeared for the property owner and Wendy's. He stated that the owners agree with all the Conditions of Approval. Chair Finkelstein opened the Public Audience. Michael Weiner, appeared on behalf of Gulfstream Harbor Apartments, the property across the street from the proposed project. Mr. Weiner commented that the apartment complex has 160 units and so the development in the shopping center would have a major impact on them. They did not wish to stop the development, but wanted to make some suggestions and ask some questions. 6 Meeting Minutes Community Redevelo(.. .ant Agency Boynton Beach, Florida April 9, 2002 ./ How short_ are the 457 parking spaces from the requirements of the present Code? _ ./ Are there any other non-conforming standards, especially with respect to landscaping, that might be addressed if future development plans for the shopping center come through? ./ Does the lack of an "X" next to Traffic Concurrency in the Staff Conditions of Approval mean that no study was done? ./ The neighbors are concerned about potential noise from the drive-through and Mr. Weiner inquired about the use of directional speakers and state-of-the-art menu boards. ./ What are the exact hours of operation at Wendy's? ./ Will the signs be standard Wendy's signs or are there any waivers or variances for signs? In Mr. Weiner's words, "They hoped to see the project go up; they hoped to see it pretty; and they hoped they would not be able to hear anyone ordering hamburgers.8 Since no one else wished to speak, Chair Finkelstein closed the Public Audience. Joe lalonek responded to Mr. Weiner's comments and questions. The parking originally vested was based on 457 parking spaces for the site. The current Code requires much more than that; however, they are proposing 532 spaces, which is more than the original vesting, so they would be helping to alleviate that problem. They will meet all Code requirements along Woolbright for landscaping. They are not addressing the entire Riverwalk Shopping Center, only the area that is being redeveloped for Wendy's. It is not Wendy's intent to produce any noise pollution and they will work with the neighborhoods and with the Code requirements to make sure that noise is not a problem. Wendy's operates from lunch to just after midnight. Most of its deliveries would come during normal business hours. Ms. Hoyland inquired if the east and west designations were reversed on the elevation drawings and Mr. Lalonek replied that the north and south designations were correct, but that the east and west had been reversed. Ms. Hoyland inquired of staff what requirements had to be met if the Board made a condition that the project must begin within one year. Mr. Johnson responded that the applicant must poll a permit within one year and that they would be inspected six months later. Mr. DeMarco inquired about the seating capacity at Wendy's. Chair Finkelstein stated that the staff report stated 80 seats and the plans said 77. Mr. Lalonek believed that 77 was the correct number, with 80 being the maximum at anyone given time. Mr. DeMarco asked the question because it would have an effect on the parking situation. 7 Meeting Minutes Community Redeve~ent Agency Boynton Beach, Florida .., April 9, 2002 The issue of lighting came up and Mr. lalonek stated that the engineer was not present but that the standards for this facility were similar to the lighting standards in the rest of the shopping center with the same intensity being used throughout. Mr. Aguila asked if there were a maximum height on light poles in the Boynton Beach Code. Mr. Johnson responded that there was not and that it was only addressed in the design criteria. Mr. Aguila suggested that staff might wish to look into this issue since if they become too tall, they could become a problem for the neighborhood. Mr. Aguila noted that there was no rooftop equipment shown on the drawing. He added a Condition of Approval that the screening would be such that the top of the screen is no lower than the height of the tallest piece of equipment to be covered. Mr. Aguila observed that Wendy's had a tendency to trim their landscaping hedges down to about six inches from the ground. He added a condition that the hedges are not to be trimmed down below 30 inches during normal maintenance procedures. Also, along Woolbright Road there are four live oaks and two of them appear to be sick. He added a Condition of Approval that if the City Forester deemed that these two trees would not meet the City's standards, they be replaced with the same plant material. At the drive going into and out of the Wendy's property, there is only one tree on a length of more than 100 feet. He wanted to see three trees, evenly spaced, in this area with one at the north and south ends. Mr. Lalonek stated that the applicant needed to retain visibility to the Wendy's signage but that they understood the requirements. Motion Mr. Aguila moved to approve the Conditional Use of Wendy's @ Riverwalk SUbject to all staff Conditions of Approval and with the additional comments from the Board: 1) that future maintenance include a provision that the hedges never be cut below 30 inches; 2) that all rooftop equipment be shielded from view so that the top of the screening material be no lower than the top of the highest piece of equipment; 3) that the two trees on the northern property line on Woolbright Road that do not look healthy be replaced, to be determined by the City Forester; and that two additional trees be added on the western boundary of the leased parcel, one north and one south of the existing oak, equal in size and appearance; and that Condition of Approval #6 be changed to read "to meet current Code" versus the 110 MPH wind load. Ms. Hoyland seconded the motion that passed unanimously. - - Conditional Use E. Project Name: Agent: Owner: location: Cafe La Notte Lisa Collomb Schgai, Inc. 2280 North Federal Highway 8 Meeting Minutes Community Redevelop.. .:lnt Agency Boynton Beach, Florida April 9. 2002 Descri ption: Request Conditional Use Approval to allow operation of a nightclub in a C-3 zoning district. Mr. AI DeMarco stated that the City Attorney advised that he should refrain from discussing or voting on this matter due to former dealings with this particular property. He filled out a Form 8B and gave it to the Recording Secretary to be attached to the original minutes on file in the city Clerk's office. Michael Rumpf, Planning & Zoning Director, reported that Cafe la Notte was an existing restaurant in a 14,099 square foot, two story building, with on-site parking and outdoor amenities. It is located on the Intracoastal Waterway and includes boat docks. Occupational License records indicate that since 1983, seventeen different restaurants and businesses have occupied the property, some of which simultaneously operated a lounge on the second floor. A lounge was opened up and licensed by the City prior to the City having any particular review process for lounges, nightclubs, or bars. In 1988 City regulations were modified to require that bars and lounges be reviewed for Conditional Use Approval if they were within six hundred feet of a residential zoning district. In December of 2000, City regulations were again amended to specifically establish a "nightclub" as a Conditional Use, regardless of distance from a residential zoning district. It is understood that a nightclub use on the property was ultimately discontinued and not licensed for over six months, consequently losing its legal, nonconforming status. Current regulations now apply to the property including the requirement for Conditional Use approval. Mr. Rumpf read the Conditions of Approval. The property has been reviewed for general conformance with Codes including buffering, landscaping, and parking. Staff Report Memorandum No. PZ 02-061 summarizes the conditions. Staff acknowledges that if this use were reviewed as a new issue, it would probably not recommend approval, given its close proximity to residential property or, within its Site Plan review process, would have recommended extensive buffering, separation, and landscape requirements. Staff concluded that since the structure was built for a waterfront restaurant and nightclub, had prior licensed use as a nightclub, and could be compatible if the site improvements and operational restrictions contained in the Conditions of Approval were followed, that the request be approved, subject to those conditions. Peter Gondolfo, 6921 Glralda Circle, Boca Raton, owner and landlord for the property, stated that he had built the restaurant and nightclub twenty years ago. There was a period when he leased it to someone who ran a nightclub called the Bay Club that admitted teenagers and there were many problems. He wanted it to be understood that if the City permitted this use now, no person under the age of 21 would be allowed in the nightclub. Chair Finkelstein asked Mr. Gondolfo if he had any problems with the Conditions of Approval. Mr. Gondolfo had never seen them. Mr. Rumpf responded that they had been sent to the agent, Lisa Collomb, who came to the podium to join Mr. Gondolfo. Ms. Lisa 9 Meeting Minutes Community Redevel~ent Agency ." Boynton Beach, Florida April 9, 2002 Collomb, 6921 Giralda Circle, Boca Raton, responded that she was not really the agent, and that th_e Conditions of Approval had been sent to the agent, Christina Auer. Mr. Greene clarified that Christina Auer was a professional expediter. Mr. Rumpf provided a copy of the Conditions of Approval to the respondents and they were given time to read them. Chair Finkelstein opened the Public Hearing. Sally Dalton, 650 Las Palmas Park, Boynton Beach, referred to the problems she experienced when the property was leased to the Bay Club and questioned the Police call statistics in the staff report. believing that many more calls were made than the report indicated. When a big-name entertainer made an appearance, people parked in her driveway and all over the place. When she moved there in 1971 the property had been a marina and then a fire burned the marina down. She was there when the City bought the property to the south for a park. She asked, "Do you really want to have a nightclub next to your park?" Sandra Bailey, 644 Las Palmas Park, Boynton Beach, stated that her backyard abuts the parking lot of the property. Through the years she had made at least 500 calls to the Police Department complaining about noise. There have been times when she was unable to go to work because the noise would run until 2 or 3:00 a.m. and then the staff had race contests. She had to replace the liner in her pool at a cost of $3,000 due to damage caused by a bottle being thrown over to her property. The owner or lessee of the property never returned her calls. The Police told her, "We can't prove where the bottles are coming from", even when a policeman was standing in her yard one evening and nearly missed being hit by a thrown bottle. She did not mind who had a business there as long as she did not know they were there. She wants to be able to sleep at night, even with her windows open. She stated that if something could be done about the noise and the garbage and bottles being thrown into her yard, she would not object to the nightclub. She had a nice house and lived in a nice neighborhood, but it was not nice to have a nightclub next door. Julie Szymkowskl, 655 Las Palmas Park, Boynton Beach, had been in the neighborhood since 1972 so she remembered how nice it had been at that time. She was against the proposal because she remembered the previous nightclubs as noisy during operating hours. She also recalled all of the problems that occurred after closing. She made about 400 calls to the Police, usually after midnight. She recalled the traffic on their road and picking up the beer cans and empty alcoholic beverage bottles from her lawn and from the vacant lots. She was opposed to the project because nightclubs are not good neighbors and it did not seem appropriate. Grover Jones; 728 Manatee Drive, stated that he was building a house two streets from the property in question. He approved of what the City was doing with the Intracoastal Park area but said it was for young kids. He could not conceive of having a bar and restaurant right next to a City Park. He had been in a rock and roll band and did not understand how they could control the noise from the nightclub. He realized the City was trying to make a family area and believed that the nightclub did not belong there. 10 Meeting Minutes Community Redevelo~.. lent Agency Boynton Beach, Florida April 9, 2002 - Shelley Parpard, 631 Lakeside Harbor, two blocks north of la Notte, stated that she had been in the area since la Notte originally opened. They were concerned about the noise. Even though they are two blocks away, there is a condominium behind them, and on Saturdays and Sundays when la Notte has its pool parties, the noise travels and bounces off the condominium and comes back to them. They can't sit in their backyards by their pool area or even in the house without hearing every single word the DJ's in the bikini contests utter. She was concerned about the Saturday and Sunday hooting and hollering that goes on. When they were inside during the evening hours, there was not that much noise. She hoped that if this use were approved, that the City would take this problem into account. Michael Singer, 695 Lakeside Harbour, stated that his home was on the Intracoastal and that he had used the restaurant facilities a few times and appreciated the fact that it was there. He added credence to his neighbors' comments about the outdoor parties. He has a loudspeaker at his home at his pool area, and is not able to hear his own music over the music coming from the club. He thought it was not good for the children of the community or for the park. This caters to an adult, hooting crowd, and in another location, it would be fine. He did not think this was a good location for outdoor parties. He suggested that the restaurant makes sense and adds to the community well being. However, a total ban on outdoor parties with a speaker system should be applied to this property. Saturdays and Sundays were the only days that many people had to enjoy their properties and the loud outdoor music was definitely a nuisance. Mr. Fenton noted that in Condition #5, outdoor events including music, intercoms, loud speakers, and so forth would be prohibited. Condition #6 extends this by saying, "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." Mr. Singer thought they could do a better job of soundproofing than they have so far and if they turned the volume down some and restricted music strictly to the second floor, there might not be a problem. Board Attorney Payne advised the Board that David Teltsma of 656 Las Palmas Park had submitted a letter with a number of questions and concerns about this proposed use. His letter was against having a nightclub on the property for the same reasons mentioned by his neighbors - noise, fights, drugs and so on. He was concerned about night boat traffic for reasons of danger to manatees and as a cover for drug running operations when the nightclub closed for the evening. His letter was circulated for the Board members to read and is attached to the original minutes on file in the City Clerk's Office. . Lisa Collomb, agent for the property, asked whether weddings would be allowed outside as this was something they definitely wanted to do. They had two tiki huts in which they desired to perform wedding ceremonies and offer receptions that would entail some music, which could be controlled with a volume level. If they decided to have a bikini contest, they could have it indoors to avoid problems with the neighbors. She could not 11 Meeting Minutes Community Redevelo~nt Agency Boynton Beach, Florida .., April 9. 2002 agree with the stip-ulation of no outdoor music whatsoever because they would be limited as to what they could offer for entertainment. Mr. Gondolfo stated that they never have a band on Saturdays (in response to a comment from the neighbors). Ms. Collomb stated that the problems of the past had no bearing on the way the facility was being operated today as a restaurant and banquet hall. They would only operate the nightclub on weekend nights, and would close at 2:00 a.m. Ms. Collomb referred to Condition #4 for providing additional screening (vegetative or other) on the south side of the dumpster to reduce sounds and odors from carrying southward. She stated there was a concrete wall that acted as separation between the properties near the dumpster. She did not see how they could put any more screening at that location. Mr. Rumpf advanced several theories about how it could be done but further discussions would have to take place between staff and the applicant on this issue. Mr. Aguila remarked that if the request were for a restaurant, he would have asked that the dumpster be kept inside and air-conditioned. Ms. Collomb inquired about Condition #10, which concerns optimal policing for special events to avoid noise and other related problems. She stated that if they were to have a special event that would entail having a lot of people in attendance, they anticipate hiring at least two Boynton Beach police officers. She asked for an explanation of the wording on this condition. She asked if they would have an obligation to the Police Department and Mr. Rumpf replied that they would. He stated that they would have to discuss the event with the Police Department and if they decided that the event would require four policemen, they would have to abide by the Police Department's decision. Mr. Gondolfo explained that in the nightclub area he has double-glazed windows that muffle noise. He invited the City to come out and measure the decibel levels that come from the proposed nightclub area while music is playing. If they had music outside, it could be on Sundays from 3:00 to 7:30 p.m. only. He also commented that they had only two major, big-name entertainers in twenty years and would not have one again because of the disturbance to the neighbors. He stated that if they had outdoor music, they would use the volume control to avoid disturbing the neighbors. Mr. Aguila asked staff what would happen if this use were approved and did not work out and became a public nuisance. He asked if the approval could be rescinded or could a condition be added that if, in fact, they had an excessive amount of police calls, that the approval could be rescinded. Ms. Hoyland did not think it would be wise to put a limitation of a certain number of police calls. -1v1r-:. Tillman said if this were the case, they would have to put similar stipulations on all projects that came before them. Ms. Hoyland asked if the Police or Engineering Departments had a way of measuring decibels and that this might be the best way to handle this. If it became an out-of-control issue, it would become a Code Enforcement violation. She believed that once the CRA approved it, it would be out of their hands. Enforcement would be up to the Police and Code Enforcement Departments. 12 Meeting Minutes Community Redevelo~. ,lent Agency Boynton Beach, Florida April 9, 2002 - Vice Chair Heavilin thought the City had just passed a noise ordinance and Mr. Rumpf agreed. and stated that the current regulations would be in place and continue - it was a distance/decibel type of regulation. She did not believe the Board could judge the project based on the bad history of the past. If all the Conditions of Approval were to be met, it could work. She agreed with the applicant on the use of the outdoor tiki bar and pool area and to not allow any music out there would basically shut them down, especially for weddings and receptions. She believed there had to be a compromise on Condition #5 which bans all outdoor amplified music. Mr. Fenton stated that the operator could not control what the people do in the parking lot. Would it be feasible to put in a Golf Course-type netting up from the wall to stop them from throwing beer bottles into the yard? Mr. Rumpf did not believe there was a Code to address that. Mr. Aguila thought this might be something staff would want to look at. Mr. Fenton stated he had been to la Notte many times and had not found conditions to be too bad but that parking was a problem. He did not feel that parking was adequate for special events. He referred to boxing events that had been held upstairs in the past and noted that cars had been parked all over north Boynton Beach. He thought the issue needed to be addressed. Mr. Rumpf thought that Condition #10 could handle this. Parking standards are not based on the extreme. This type of facility has the potential of exceeding that demand. Mr. Rumpf suggested that Condition #10 could possibly require that in the event of special events, they be required to provide a shuttle to another parking lot in the City. Board Attorney Payne suggested that if this were of interest, the Board should put more definitive language in this Condition because it seemed to relate only to Police and noise and security. If desired, it should be expanded to include additional parking if necessary depending on the projected number of attendees. Mr. Aguila said that the applicant has to demonstrate that during special events, they can meet all of the requirements for life safety, fire, parking, and other necessary safeguards. . Motion Mr. Fenton moved to table the issue until the next meeting. He thought Condition #1 or 2 had been resolved. On Condition #5, the applicant disagreed and will not go along with it. It needs to be reworded in such a way that the applicant and staff can be satisfied. There is a question about Condition #6 and he thought Condition #10 had to be reworded pertaining to special event parking. He thought staff and the applicant needed to rework the issues. Mr. Rumpf advised that the recommendation to table would be forwarded to the City Commission and that the City Commission had the option of accepting that and allowing the case to come back before the CRA or not. Mr. Tillman seconded the motion. Mr. Aguila believed they would be putting off something unnecessarily. He believed that the Board has enough experience and knowledge to act on this. Ms. Hoyland agreed. 13 Meeting Minutes Community Redevelo)lill$nt Agency ""'" Boynton Beach, Florida April 9,2002 A roll call vote was polled by the Recording Secretary and the motion to table failed 4-2 (Mr. Aguila, Chai,--Finkelstein, Vice Chair Heavilin, and Ms. Hoyland against, Mr. Fenton and Mr. Tillman in favor.) Motion Ms. Hoyland made a motion to approve Cafe la Notte's Conditional Use request with an added condition that the applicant provide a site lighting plan to show compliance with the Site lighting Code in photometrics and lighting, Comments #1 and 2. On Comment #10, that language is included that if parking requirements cannot be met for special events, the special event shall not be approved, and to include all other Conditions as specified by Staff. Chair Finkelstein asked if she wished Staff to add the language prior to going to the City Commission and Ms. Hoyland replied that she did. Mr. Aguila seconded the motion. Ms. Hoyland stated that if the project came to the Board as a banquet hall and it was specifically designed and oriented towards special events such as weddings, retirement and anniversary parties, then she would support allowing some kind of outdoor music, keyed to a decibel rating. Since this request was for a nightclub, she did not think it was appropriate to have outdoor, amplified music at all. The Recording Secretary polled a vote that resulted in the motion failing 3-3 (Messrs. Aguila, Fenton, and Vice Chair. Heavilin against and Chairman Finkelstein, Ms. Hoyland and Mr. Tillman in favor.) Vice Chair Heavilin had a problem with the restriction on outdoor music. Mr. Aguila did not want to see the use continued at this location. He believed that while they might state that they would control the volume, it would continue to be a mess and a nuisance to the neighborhood and he did not support it, even if all the conditions were met. He did not think this was a proper use and wanted to see the property used as a restaurant and for banquets. Motion Mr. Aguila moved to deny the Conditional Use request for Cafe la Notte. The motion died for lack of a second. Motion Ms. Hoyland moved (including conditions she stated in her previous motion) that a reasonable decibel level for outdoor music be defined by Engineering, staff, and the Police Department, to allow outdoor music at a reduced decibel level and only on Friday and Saturday. Vice Chair Heavilin seconded the motion. Mr. Rumpf thought that staff needed more time to come up with something. If he went to staff with this request, they would say that a noise ordinance already exists. He was not sure that the existing ordinance was good enough for this location and use. 14 Meeting Minutes Community Redevelopll,ent Agency Boynton Beach, Florida April 9, 2002 Chair Finkelstein stated that Ms. Hoyland had been willing to allow Staff to be in charge of resolving Condifions of Approval #1 and 2 and inquired if she would be willing to leave Condition #5 about outdoor amplified music up to Staff as well. Ms. Hoyland replied that she would. Ms. Hoyland suggested, however, allowing outdoor music only on Saturday and Sunday and reducing the allowed decibel levels to half of the decibels allowed by Code. The Recording Secretary polled the vote and the motion passed 4-2 (Messrs Aguila and Fenton dissenting.) Chair Finkelstein advised the applicant that the request would be forwarded to the City Commission who would have it on their agenda for their April 16, 2002 meeting, which was to be held at the Citrus Cove Elementary School. He also advised the applicant that the City Commission would make a final determination on the matter. VIII. New Business A. Impact Fees Mr. Greene explained that the City imposes a park and recreation facilities impact fee in order to provide the City with revenue to fund the construction or improvement of the City's park system. The Comprehensive Plan requires a review of the Parks Impact fees every five years and the proposal changes the way the fee was determined in the past, which was by the land value, to one that is based on an established flat fee per dwelling unit, depending on the type of dwelling unit. Mr. Greene introduced Hannah Matras, Economic Research Analyst, to elaborate on the proposed change. The Board members were given copies of the proposed Ordinance with their agenda packets and it is attached to the original minutes on file in the City Clerk's Office. Attachment A gives the Parks and Recreation Facilities Impact Fee Formula with Cost per Capita Calculations and Cost per Dwelling Unit (Impact Fee) Formula. Vice Chair Heavilin inquired about how many units constitute a multi-family dwelling and the reply was four or more units. Mr. Fenton asked how much of an increase these rates were over the previous ones and Ms. Matras could not say - the previous formula was not a flat rate. The first formula was completely dependent on the price of the land for a particular project. On average, a developer would pay less with the proposed formula than the older one but they could, conceivably, pay more. Ms. Hoyland asked if the formula were based only on residential and Ms. Matras replied that this was correct, although she believed Dade County was considering charging commercial developers as well. She also said that some cities do not charge impact fees at all. Delray Beach charges a flat $500 fee, independent of what kind of development is involved. Boca Raton has a very complex formula but since there is a ceiling, they all pay a flat fee of $1 K. Ms. Matras believed that the Boynton Beach fees would be in the middle of the wide range of fees charged in the area. 15 Meeting Minutes Community Redevel~ent Agency ."., Boynton Beach, Florida April 9, 2002 Ms. Hoyland asked if this item were informational only for the CRA Mr. Greene replied that it was a discussion item. When the City Commission asked if the CRA had seen it and it was determined that they had not, the proposal was forwarded to the CRA for discussion, comments and recommendations. Ms. Hoyland had no problem with the proposal. Chair Finkelstein said it mentioned charging fees but that someone could request a refund if the fee were not used. Are the fees accounted for by. the developer? Ms. Matras stated that the Department of Finance keeps a Developer Trust Fund and tracks which developer's money has been spent. A reasonable time for the money to stay in the Fund and not be used by the City is considered to be six years. Mr. Tillman stated that since the CRA had no authority to act on this issue, he wondered why the City Commission had sent the matter to them for review. Mr. Greene stated that the issue would have citywide impact and the City Commission felt that both the Planning & Development and CRA Boards needed to have an opportunity to review and make comments on it prior to the City Commission taking any action. Chair Finkelstein wanted verification from Ms. Matras that these fees were fairly assessed based on the cost of park purchases and her investigations surrounding other municipalities and how they operate. Or, was it just a matrix? Ms. Matras said that the City had not been developing parks for quite some time now. The land values vary significantly among the cities so the question was difficult to answer. Chair Finkelstein thought it was not based on land values and Ms. Matras said that it was but that the City is small and they took an average land value in the City. Mr. Fenton thought it was anti-growth and another form of taxation, and if he were on the City Commission, he would vote against it. Chair Finkelstein would have liked to see some kind of relationship to the money that has been collected in the past and the parks that had been bought with the money. To his knowledge, the City had not bought a park in a long time. Mr. Aguila said that there were some priorities outlined in the Comprehensive Plan for small parks, medium parks, and so forth but he did not know what the record had been. Chair Finkelstein had not seen anyone acquiring parcels of land for a park. He did not know what the Parks Department was doing in this area. The general consensus of the Board was that the proposal should be fOlWarded to the City Commission. IX. Public Audience Enrico Rossi, 625 Whispering Pines Road, spoke about the time in December of 2000 when the City Commission voted to relieve Quantum Park from paying any recreation impact fees, which amounted to about $180K. He said there was no provision in the new scheme for any additional credits, regardless of what they put up to establish credits. He asked if his understanding was correct on that. 16 Meeting Minutes Community Redevelopl.,ent Agency Boynton Beach, Florida April 9, 2002 Ms. Matras asked what he meant by credits. Mr. Rossi said that on Ms. Matras' breakdown, some.- of the figures were per capita and unit. He gave an example of the $656 Ms. Matras had related for apartments and asked if that would give rise to someone coming in and saying, "I'll pay that, but I want credit for all these other things?" Ms. Matras stated that if a project were built on a site where other units were built previously and then demolished, a developer could have credit for the impact fee paid for the units that were demolished. Mr. Rossi wondered how the new fees would be related to Quantum Park. He heard that at a TRC meeting when the subject of impact fees came up, Quantum Park stated "Don't worry about that, we'll work it out." Chair Finkelstein stated that this issue would have to go to the Planning & Development Board first and would then go back to the City Commission, probably at its May 7 meeting. X. Adjournment Since there was no further business before the Board, the meeting was duly adjourned at 9:00 p.m. Respectfully submitted, ~~C ~t(,~ Susan Collins Recording Secretary (three tapes) 04I10102S:\CC\wp\MtNUTES\cRA\040902REGULARMTG.dOC 17 4/15/2002 Mann, Cynthia From: Sent: To: Subject: Bressner, Kurt Monday, April 15, 2002 8:20 AM Byrne. Nancy; Greene, Quintus Stella Chavez's Column 4/14 Nancy and Quintus, Stella's Boynton Beat column contained a short piece on the Cafe' La Notte. The article was in the Boynton Beach section of the Sun-Sentinel yesterday and quoted Ms. Collomb as being miffed about not knowing the item was on the agenda for CRA. The author of the article also noted Ms. Collomb was advised of the meeting by the reporter. The article went on to say that Mike Rumpf did not return press calls. This item will come up at the pre-agenda meeting today, I expect. What type of notification do we provide petitioners that their item is on the agenda for an advisory board? What notification was provided to the petitioner in this case. I told the Mayor this morning that I expected that the petitioner does routinely receive the meeting notice, but that I would check. I have the hard copy of the article at home and will bring it in, if you need. I don't think this section of the paper is available on the web. Kurt Bressner ~~vt ~~~~ rlA-'" ~. '1110.1 /~L. Uv.- ~~ ~ ~ r ,L- C/)'\~ ~ ~ ~ '1IJ) cd' / / ::30~ sA.-.. ~ ~ ~ p~L- ~ ~ ~ ~ ~ llt,f)O ~~/i3o.~ ~~~ ~~~. ~~'i--~ V\r0A ~ ~ ~ d.d- ~. 1 April 15, 2002 Answer to the question of advising petitioners of a board meeting. Any petitioner that will be going to either Community Redevelopment Agency Board or the Planning and Development Board is faxed a copy of the petitioner's packet (staff report, Conditions of Approval form, all exhibits) along with an agenda if available. The only agenda that is faxed is the City Commission Agenda and the Planning and Development Agenda. On the fax sheet it is brought to their attention that they are on the agenda for such and such date and the time and what is being faxed to them. We wait to get confirmation from the facsimile machine and it is stapled to the cover sheet and put in the project file. If there is no fax number to do this, we call them and they normally come in and pick it up. This is done always on Friday before the meetings or on Monday depending on circumstances. Due to not getting the final City Commission Agenda until late Monday or Tuesday of the City Commission meeting, we now fax a "final draft" of the agenda letting them know it is just a "draft" but so they know where they are listed on the agenda Patricia Tucker. Planning and Zoning 4/15/2002 Mann, Cynthia From: Sent: To: Subject: Bressner, Kurt Monday, April 15, 2002 8:20 AM Byrne, Nancy; Greene, Quintus Stella Chavez's Column 4/14 Nancy and Quintus, Stella's Boynton Beat column contained a short piece on the Cafe' La Notte. The article was in the Boynton Beach section of the Sun-Sentinel yesterday and quoted Ms. Collomb as being miffed about not knowing the item was on the agenda for CRA. The author of the article also noted Ms. Collomb was advised of the meeting by the reporter. The article went on to say that Mike Rumpf did not return press calls. This item will come up at the pre-agenda meeting today, I expect. What type of notification do we provide petitioners that their item is on the agenda for an advisory board? What notification was provided to the petitioner in this case. I told the Mayor this morning that I expected that the petitioner does routinely receive the meeting notice, but that I would check. I have the hard copy of the article at home and will bring it in, if you need. I don't think this section of the paper is available on the web. Kurt Bressner 1 ~iew<1 .'. Deteteibu~in~!;'" Business Name Address ~o~ n THE BLUE LAGOON/MICHAEL'S HARB 2288 N FEDERAL WAHOO'S 2288 N FEDERAL JIM'S VALET 2288 N FEDERAL BAY CLUB 2288 N FEDERAL SHIAWASSEE V- CHARTER BOAT 2288 N FEDERAL SHOOTERS OF BOYNTON BEACH, INC 2288 N FEDERAL SHOOTERS 2288 N FEDERAL TROPICS 54 2288 N FEDERAL RUMBOTTOMS RESTAURANT & LOUNGE 2288 N FEDERAL CITY SLICKERS DANCE HALL & SAL 2288 N FEDERAL to&1J"f1tV"~ tUf~~:~'.~ -Nc.- :Sf'\~~(;~ '-.'#I..~'~fC.. ..~za;..... . ~Ji. ""1""~., ~~t.c..-',. . " c. -"8.3 - f" C, HWY tJ C - t1f 1_ HWY HWY HWY #I C -f~- HWY HWY ~- ,v- "I. HWY ~ -9' HWY 'ZIW- 1.1" HWY lie - ., -"0 HWY ~ - .- ~. .-. . OK. 1 lSubseued~ · Exit t}' Subset. I ...... Addbuslness I View 21 CD Q) - -.r cO L{') II .5 CD ~ ~ o Z CO .....J ~ CO () z.~ ~ Q5 Q) - '<t C"> II .5 ..... CD ~ ~ o Z CO ....J ~ CO o o ~ CD > .- ~ CO CD e::: en CD E o ..c ..0 ..0 CD S 06 ::J >- l'I z '" ~ Cafe La Notte I met briefly with Peter Gandolfo and Lisa Collumb the last week in December 2001 along with Maxime. They brought a blank Conditional Use Application with them and requested that we assist them in completing the form so they could submit that day. Since they had previously attended a pre-application meeting we assumed that the application would be complete. We reminded them that they needed to meet the notification requirements for Conditional Use which includes postage, envelopes, labels for a 400' radius around the subject property. Also missing were site plans, current survey and a completed application. Mr. Gandolfo believed he could have everything ready for a January 2,2002 submittal date. The application once again appeared on my desk in the same condition (uncompleted) in January. This time it had a note to Jose Alfaro to process the application. Jose does not process caus. The note was from Mr. Gandolfo. The application was once again rejected as incomplete. At this point in time, Christina Auer presented herself as the agent for the project. Christina arrived in P&Z to find out what was needed to complete the process. She returned the required documents and the application was accepted on February 6,2002. Christina was asked to provide proof that she was the authorized agent. She did so. Christina stated that her intent was to provide necessary documents, make corrections per 1 st review comments and represent the applicants for the TRC, which she did. She repeated several times that the applicant and Mr. Gandolfo would have to represent themselves at CRA & City Commission meetings as they knew the history of the property and could best represent their intentions. She said she would attend if they asked but preferred not to speak. I faxed the !st Review comments to Ms. Auer which were received and addressed accordingly in time for TRC. And as was evidenced by her appearance at TRC she also received notification via facsimile of her place on that agenda. The only time Ms. Collumb was seen in P&Z was in December and again after CRA. Sherie Coale April 15,2002 ~I ~\~ /)~~~ ~ ~ Q~4 /%-A Cafe la Notte, Inc. LIsa Collomb ... 2280 North Federal Highway. Address Line 2 . Boynton Beach, FL 33425 . Country Phone (561)721-2111 . Fax (561) 752-8551 . Email cafelanotte@aoI.com March 13, 2002 City of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425-0310 Attention: Planning & Zoning Division Re: Meeting on March 19,2002 @ 9:00 am. for Technical Review Committee Meeting on Cafe La Notte Inc. & Schgai Inc. To Whom It May Concern: I am writing to you in response to the above mentioned meeting and I am announcing that Christina Auer, President of The Permit Specialist, Inc. will be acting as our agent in regards to this matter. I am also the agent for Cafe La Notte, Inc. and Pete Gandolfo will be present who is the President ofSchgai, Inc. who is the property and marina owner. The three ofus will be present for the meeting if you should have any questions. Sincerely, >*?JA IJ // /) . /~~ Lisa Collomb President of Cafe La Notte, Inc. cc:/ Christina Auer ,- _ ',..'.' M~R I 5 2002 i L-_h I -' .~ ~ April 15, 2002 Re: Cafe La Notte - Conditional Use - COUS 02-002 Sequence of Events 1. On April 5th I was asked, by Pat Tucker to send our standard fax to Cafe La Notte's contact person, advising them of the Community Redevelopment Board's meeting April 9, 2002 at 6:30 pm in the Commission Chambers, together with the packet. 2. I was told to send the fax to Lisa Collomb, fax (561) 477-1184. 3. I sent the fax repeatedly and it would not go through. 4. I then called the telephone number (561) 966-0056 and spoke to Christina Auer. 5. Ms. Auer gave me her fax number (561) 966-0056 which is obviously the same as her telephone number. The fax did not go through when using that fax number either, because it was constantly busy. 6. I called Ms. Auer back, and she advised me to hold on to the packet, and she would come by the office on Monday, April 8, 2002, and personally pick up the packet. 7. I then placed informa~ion (copy of fax, and packet) in our pick-up slot. From what I understand, as of this date, it was never picked up. Ar1e~lIDCan Attached please find a copy of a March 13, 2002 letter from Lisa Collomb indicating she and Christina Auer, will be acting as agents. FACSIMILE CITY OF BOYNTON BEACH City Hall, West Wing 100 E. Boynton Beach Blvd. P.O. Box 310 Boynton Beach, Florida 33425 (561) 742-6260 (561) 742-6259 Fax From the office of Planning & Zoning ~ ~~e.Jt'Y TO: Lisa Collomb FAX: (561)477-1184o{C; 9 (p (p-CJO~~ FROM: Patricia Tucker, Administrative Assistant NUMBER OF PAGES: (including cover) 4/5/02 12 DATE: RE: Cafe La Notte You are on the Community Redevelopment Board agenda on April 9, 2002 which will meet at 6:30 p.m. in the City Commission Chambers. Fax'd: Packet fH ( S UJA':J N8/8/U (A-x87) - '5rf (If A ~<J~{I.; C!fff2t nj P f+ULG-r lAJl~ r U a I\J "^- () 1J Ifl ~ - (eoN i ~ P!t.{ sur) J:\SHRDATA\Plannlng\Planning Templates\P&Z Fax\P & D Board Agenda Fax.dot If you receive this fax in error, or experience trouble with transmission, please notify our office Immediately, at (561) 742-6260. Thank you. ~. .' , .. . - \ i \~ \' \ \ \ i ~ '>l aal )(. ..~ tl1 !\\l ;;: ~ NOON 0 i~A c: <~ 2a z N ..oW N N~ .. t ' " "'~ NO :z ~~ 2 \ i '5 .. ~ \ ("400M . i .4. /, .1 'C I I , , \ N .... 1ft o o .. ,......:. - .. ....;,~ '. r . ._.__._-~--_._--_.----------- '*~~S~ * * Boch~~~ ~1DlI"'-~~ c.r.m,; to tIIc Pm; . ioa. ~1dCo, LOCATION~ ~~ ~-""~K<< (561)483-0477 Boca .... FL 33433 &gu: C56'/)941.OO79 Where the Best Locati~i'~' ce({ ~D cafe La'lJOtte 2280 N. Federal Highway Boynton Beach, Florida 33435 Restaurant: (561) 721-2111 Fax: (561) 752-8551 Lisa Collomb - Proprietor Tuesday to Fridav 4:00 pm ro C1o,ing Saturday & Sundav 12:00 pm ro Closing LilJe Entertaimnenr Nightly 6- Poo/sitk South Florida's Full Service Location Scouting and Management Company Catering to the Film, Television, Video, Catalog and Fashion Industl}r. 6921 Giralda Circle Boca Raton, Fl33433 Toll Free (877)231-Star (7827) local (561)483-0477 fax: (561) 477-1184 1"(;(, /002 C>ri L~ ~~5S-~ CV- I-f~&'t- ,r; r C<.F: L.:o.. /lh f'-r~- Co uS '- 1-/'./ . . .--! w/ r ;.<;-trl t3c..-'Y~ _c.-. , _ ~ I ~ ~ p 'f1. 4, 1tPI.. ( "'4-- f -.. -r\w '- i <:-I'-'?-~ ~ '5 <0/ f f or--n;...~ ~ 'S:. #";:' Cc~ ; -n c~ :> P6 ,-,t; c:...uIvr ,/ c. ~ '" ,,::5 ~ lI'I .... cV I,;<l, - f'p +L ",...i/\r~5 -fz....., 14/J '--ts -S 0 ~~ Iz. c- c:f) 'C- (; V'<- '<' ; 0" ~ Q ~~-t 0 e.~~ 'l(\ ~eJC:<(' - () uf?(oCY(' 5()~,g c~ fs,t.- Ccy..,-(y:. ((~ ' . file "FC:5~5 6 vTdb<'rC c)l/-rL~ 60S- Lc:u. f&.(_........ ~C!- yt J/) j t.. ft(--' ct'- "5 ~<f., ~ c.& ci....... up fl'... ~ ~ )'\ -'., ~ ~ J'bfJ<5~.Q by P~k; ~ /-t;: (~t - tfl/c. ~ce..f r ..5uf' i<::c.o...,..... '""-<:''1\ D~.,4 ~S' 1\ ('~ -;;r~p <>f ~J2 Ec;~ -w/)) e '" c::: /. .../ ,Z)..t:Y~ t1C: 'L)c?-~n<:l - t("/,r'-L.. 4- P..~rr""'''''''' ~ bus,j,c::ss ,J- ..s<ff~13 I>S~ ./" / // - I (;) ;ju((tic..5/l'11/:!c>~l<-'i -t,..S5 L~~ Ic:;.(l-r',,-.:J - O-ppo..sc: 5;,i/(il "jL f<-~' ~ Ie. ('1 (Jd.-' Y\..t..G - 6 f'fG.5 C- l~ 7:<";'~::' T ;U &it C(.vbl'lo:;,ise i!!l, ~ ~ ~ l5 ft q,. 'n ~ .{;.~c a"5 - G:S<L- ~l.>lc,t;c.. : 2et r; (? -tv .D""'T'; ~ ill ~c...f/v/?, ~ rJ"''' ,,-.,...0 in +~<-(Y1$" ~ C' '-'('"50 4 ~> f cTC-.c c-.f1~ T~ r c... ~ :J.-t - ~.r {'C Co .' 1 ' 6b"f Y""l n0 C,\tL eke' ~G:.>5 ~ CG-/'(". pef f ce. ofli~q- Y'a'5 f Ot-\"Q ~"'O (~ 10-. (' K<<-~ _- ~c::J f-t; ~c:-J /-:1;"'?~ _..~ c~r ~;~~ /~ ~~ '" ,,<=-6. /~ C'0v0..,5 ~ ~ '","If C ~ ~ be.. 1ft' r;e..o ~f, Michael From: Sent: To: Cc: Subject: Rumpf, Michael Thursday, April 18, 2002 11:47 AM Bressner, Kurt Gage, Marshall; Greene, Quintus RE: Cafe La Notte Kurt, timing couldn't be better. We have already set up the meeting between staff and Ms. Collomb for next Wed. at 11 :00. This initial arrangement only included Scott for code and police but included Jim, Quintus and myself. By this e- mail, Marshall is now notified of this follow-up meeting. Hopefully he or an acceptable replacement will be available. Mike -----Original Message----- From: Bressner, Kurt Sent: Thursday, April 18, 2002 11:37 AM To: Cherof, James; Greene, Quintus; Hawkins, Wilfred; Gage, Marshall Cc: Immler, Matt; Rumpf, Michael; Byrne, Nancy; Costello, Joyce Subject: Cafe La Notte Importance: High Next Monday at approximately 10 AM (following CML T) I would appreciate your assembling in my absence to discuss the 9 staff conditions for the special use. I would like you to explore how these conditions can be translated into a specific action plan for follow-up by staff. Joyce will additional copies of the CRA's review of the project which included the 9 conditions. These will be provided to those persons who may not have a complete copy. If you need the set, please advise her ASAP. This essentially was the item in the Commission agenda packet. This weekend, I expect that the residents who reside in the area of the property will be calling the Police Department and requesting enforcement of the current noise ordinance. This was alluded to at the Commission meeting on Tuesday night. The Police Department should be prepared to discuss "how it went" at the meeting on Monday. Also, you should discuss several options related to the special use permit. 1. Can the special use permit be vested in the hands of the current night club operator only. A subsequent tenant would need to apply for their own special use permit. 2. Can the special use permit have a specific review period of six months with a review and revocation process in place in the event of problems? I sensed from the discussion on Tuesday night that the petitioner is not willing to accept some of the staff conditions. We need to identify those issues and arrange a meeting with the petitioner before the end of next week to confirm these issues. That way the subsequent report from staff to the Commission can identify the: a. Refined standards -- with enforcement procedures identified. b. Additional standards that may develop c. Notation as to which standards the petitioner does not agree with. Quintus and Mike Rumpf will have the responsibility to coordinate the follow-through on the meeting Monday. would appreciate a follow-up e-mail on the results achieved. Thanks, Kurt 1 .J- ~~~~T~~~s?f~~r~~~~-~~r__ -~:~---~~ -~:~~~~-~~~- -:.:~=~ 1.~~-,--~;-. ~:~~,- ~~':~ ==, (q) ~ 1ju;9 r'("'. s.. .....-t ~ ~ --- :...--- 1#3 f~ .b> 1 ~ I l( \y\,~, (p Arc ;). \ 1"\0'( (;) '1 ...rI' e-- 3- ).. jVt! J. .3 t \ 1)t" C . .:3 t t I .~ --;;- ---- - d-1- 3. "2- liT Lg'j ~~ (' "'- v< -r.r:. ~ .-:.-- - J;.",- l J fcb I 't'\>- -(' rJ-- A'V~- ;).. ~ t ;\-'5' .3 '.l l se-?t. 1 t( \ l / oc.1' - 10 \ ). ( .t :J- ). tJo v . ~ ,). \ ;z ;2- p.,.c... 5 ( .3 -- - - - - L( - ( 102 s- :>1' L{ /6 ~ t (?~ t c ~ (qo J <t.-"" fS 1- j :L f€-b to S t( 1"\.... ~ .3 ;l.. l'i~~. to l (, 2- L)(~ 9{? .--,1 fI\ ()Ii; J sS ~ 1c,'t8 6c'Y~ ,f~ cou.5 b'Cf.-- . ------------------- .~-- .----- -"----- ,/'" I' r'..( C- o, I :,..., . _J~ ~~./~r::.. ~f, Michael From: Sent: To: Cc: Subject: Logan, Laurinda Tuesday, October 01,20022:14 PM Rumpf, Michael Kelley, David; Livergood, Jeffrey Cafe La Notte Conditional Use MLrze, As yequestecl LV\, tVie 3/30/02 tOyyes-pov\'cleV'vce fyoV\A. LLs~ CoLLOV\A.b of cC1fe LC{ Nottel:ll.ode i? sLte LV'vs-pectlov'v of tlr1e sto-p tWYS LV\, tVle pC1yrzLV\,g Lot C1t tVle cC1fe LC1 Notte. I fO:,A.V\,d tltlo.t LLV\,es h9.ve beeV\, pL9.ced, v,owevey tltletj OV'vLtj il'AWSUye 5 LV\,c!r:es LV\, wLd.tVi. The MvtTCD (MClV\,uC{L OV'v vtV\,L-t:'or,,",v TYC1ff, Lc. c.oV'vtyoL DevLces), sectLov\' 31S.:Lb, I , yeq uLyes sto"p LLV'ves be :L2 to 24 Lvv~.!r:e.:; 'v'JLd.e. Tt-,e CLttj of 1S0~ V'vtoV'v 1SeC{cv: de.:;Lres C1 .:;top tiC1 y wLd.tlr. of:24 LV\,cv.e.:; be used.. Tv.e MvtTCD L.:; LV'vtO~OYC1ted. blJ yefeveV'vte LV'v to tlt1e LDR. C1V'vd CLt~ of 1SCtjV'vtoV'v 1SeC1c./1 stCl Vlvdo. rc;{S. PLw.:;e Let V\A.e f<.vvow wv.eV\, tv;e WOyf<. hC1S beevv C1cc.oV\A.'PLL.:;!r:ed sc ! WV'v So out ClV\, ye-Lv\'spect tltle WOyf<. for to""'.pLLClVlvce. If tjOiA Oy tVie o.ppLLwV'vt ;"'Clve ClV'vtJ que.:;tLoV\,.:; Or V'veed fuytv,ey cLo.rLfl.CC1tLoV'v pLeClse feeL fyee to gLve V\A.e C{ CC1LL. L._:? v~ ('~~"...~:A 1 C{<- lL fl{ / ORDINANCE No. 63-23 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING ORDINANCE No. 62-9 OF SAID CITY, AUTHORIZING CONDITIONAL USE OF PORTION OF LOT 6, SAM' BROWN JR. 'S HYPOLUXO SUBDIVISION AS A YACHTEL AND MARINA; REPEALING ALL . ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the Planning Board of the CITY OF BOYNTON BEACH, FLORIDA, has heretofore considered a certain application for conditional use of that portion of Lot 6, SAM BROWN JR. 'S HYPOLUXO SU BDIVISION of the City of Boynton Be ach, Florida, which is presently zoned ZONE R-3, as a yachtel and marina, and said Board has unanimously recommended the granting of said conditional use application; and WHEREAS, the City Council of the CITY OF BOYNTON BEACH FLORIDA, after having conducted a properly advertised public hearing relative the granting of subject application, deems it in the best interest of the public, and in accordance with the general master plan of the City, that said conditional use be pe rmitted, NOW, THEREFORE, be it ordained by the City Council of the CITY OF BOYNTON BEACH, FLORIDA: SECTION 1: That in accordance with provisi.ons of Section 7(B) of Ordinance No. 62-9 of the CITY OF BOYNTON BEACH, FLORIDA, a conditional use of that portion of Lot 6, SAM BROWN JR. 'S HYPOLUXO SUBDIVISION, recorded in Plat Book 1, Page 81, public records of Palm Beach County, Florida, which is presently zoned ZONE R--3, is hereby granted for the purpose of constructing and operating a yachtel and marina, includingJhe operation of a restaurant and dockage, marine petroleum and gasoline sales, parking, and minor boat repairs. Subject proje.ct is to be completed in accordance with plans therefor now on file in the office of lhe City Director of Planning and Inspection, and in the event subject project has not been commenced within 6 months from the date hereof and completed within 12 months from the date hereof, this permit shall be deemed null and void. The official zoning map of the City shall be amended accordingl SECTION 2: Separability. Each of the provisions of this ordinance are separable, including word, clause, phrase, or sentence, and if any portion hereof shall be declared invalid, the remaining portion shall not be affected but shall remain in full force and effect. SECTION 3: Repealing Provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: Effective Date. This ordinance shall become effective in the manner and at the time provided by the charter and ordinance of the CITY OF BOYNTON BEACH, FLORIDA. First reading this 15th day of July, A. D. 1963. Second, final reading and passage this .51:h day ofl1Jj.:"u..S-r ' A. D. 1963. fi .' (CORPORATE SEAL) CITY"OF}_~~YNTOr B~.ACH;, FLORIDA By , " .,/: ticf ./ / ~.( ( /VJ ('--'y:'>~ "" Mayor Xcl/k-?'7/,,?4U#r '/ j' '-- Vice Mayor I ~ i/ i \) (eL G'1 (l 1 ~Cl J.\J-i:>C" , ouncilman "-.,. I -.-. ,. ! ; .j " -2- ,- ~f, Michael From: Sent: To: Subject: Rumpf, Michael Tuesday, September 03, 2002 4:35 PM 'ALLST ARLOCA TIONS@aol.com' RE: Conditions of approval for nightclub Lisa, I came across your e-mail address and decided to confirm with you that you had received from Ms. Resche the latest note on our review of the conditions of approval for the nightclub. The note indicated that all the comments on sound and parking area improvements had been satisfied except that Engineering needs stop bars painted at all stop signs. I had subsequently email Mr. Alfaro in Occupational Licenses indicating that I had reviewed for the remaining conditions and concluded that all had been met. Please inform me when the stop bars have been painted copying Laurinda Logan at "loganl" with the same city address as above and an inspection will take place to confirm. Please contact me should you have questions. Mike -----Original Message----- From: ALLSTARLOCATIONS@aol.com [mailto:ALLSTARLOCATIONS@aol.com] Sent: Monday, August 19, 2002 1:14 PM To: Rumpf, Michael 1 Cafe La Notte - Conditional Use Permit i i0AR I 9 2002 Agent: Christina Auer 561.966.0056 The Conditional Use is being generated only to obtaining Occupational License ill the said new name. The l'~ightclublMarina is"Existing" and wishes to use the name, Cafe LaNotte.. No new construction is being proposed with this subject request. No modifications to the property is being proposed. To address the comments: 1. Public Works Unable to review 2. Utilities Unable to review 3. Fire: Show Hydrants-Existing fire hydrant added to existing approved site plan. 4. Engineering: Plans illegible-Existing approved Site Plans ...Same drawing resubmitted clearer 5. Building: Door size on existing approved Floor Plans 6. Building: Handicap parking - Noted as "H" on existing Site Plans 7. Building: Accessible route as per existing approved Site Plans. 8. Building: Property Line noted on existing approved Site Plans 9. Building: Survey provided at submitted; applicant will provide another to Building 1 O. Building: Construction proposed - No construction is proposed ---~--------- j 1. Planning and Zoning Map provided wI address' at time of submittal 12. Planning and Zoning Entenainment will be Live or Disk Jockey Amplified music will be offered Hours of Operations 9pm-2am 13. Pianning and Zoning-----,- Property Appraiser list this property as two lots - 2300 ari~\Jorth Fedcrai Hwy. 14. Planning and Zoning: Total seating for Nightclub is 580 / Total seating for restaurant is 420 ~ 15. Planning and Zoning: Square footage for First Floor = 7.099 Square footage for Second Floor ~ l"1,o<1Q 16. Planning and Zoning: Formula for calculating required parking spaces: City of Boynton in 1989 provided the calculation and approved accordingly. \~\) // .....:.f{ '/-f 00;:1 ) i ! 17. Planning and Zoning: 244 number of parking spaces. 18. Planning and Zoning Parking clarified on drawings to match original approved site plan. Galav, Lusia From: Sent: To: Subject: Galav, Lusia Thursday, February 28, 2002 1 :29 PM 'theperm itspecial ist @hotmail.com' Cafe La Notte (Our No. CO US 02-002) Christina, I am reviewing the above referenced application and need clarification as to who the official agent is for the project. The application states Lisa Collomb but you submitted the packet. If you are the agent, you must provide written authorization from Mr. Gondolfo as well as revising the applications to reflect same. The agent will represent the project in all dealings with the city and at all meetings regarding this project. Please clarify this situation as soon as possible. My number is 561-742-6262. Thank you for your cooperation. Lusia Galav Principal Planner 1 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING DIVISION . Building . Planning & Zoning . Occupational Licenses . Community Redevelopment January 10,2002 Ms. Lisa Collomb 2280 N. Federal Highway Boynton Beach, FL. 33435 RE: Cafe La Notte Inc. Conditional Use Application-Nightclub Dear Ms. Collomb, This letter is in response to your application submittal for conditional use approval for the business kno\vn as Cafe La Notte. The application, which was submitted and received on Thursday, January 3,2002, is incomplete. The following items are missing: 1. Signed Rider to Site Plan Application to acknowledge the accuracy of all plans, specifications, drav.i.ngs, engineering and other data submitted for review by the City of Boynton Beach; 2. Two (2) fully completed Conditional Use Applications (i.e. pages 8 to12 are not completed); 3. Fee for the application-$750; 4. Postage and envelopes for the number of labels provided (328 x $0.34= $111.52); 5. 12 copies of the Site Plan (one (1) copy submitted) providing tabular data (i.e. existing building square footage, number of parking spaces); 6. Current signed sealed survey not older than six (6) months. Please be advised that this application cannot be processed until we are in receipt of all the required items. In addition, the Conditional Use process involves public hearings and ~ legal notification, and must follow the formal schedule in order to meet board and City Commission meeting deadlines. This schedule cannot commence until the application is complete and accepted. Sincerely, -/1 - /'~~~ Michael W. Rumpf Planning and Zoning Director Cc: Maxime Ducoste-A., Planner Chron 5:\Planning\SHARED\\\'P\CORRESP\Corresp A thru L\Lisa Collomb Cafe La Notte.doc City of Boynton Beach. 100 East Boynton Beach Blvd., P.O. Box 310 . Boynton Beach, Florida 33425-0310 Phone: (561) 742-6350 . www.ci.boynton-beach.f1.us