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LEGAL APPROVAL The City of Boynton Beach DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISON 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 TEL: 561-742-6260 FAX: 561-742-6259 www.boynton-beach.org April 6, 2007 Mr. Jerry Pearson II 4772 NW 90th Way Coral Springs, FL 33067 RE: File No.: Location: Jerry's Cigar Lounge CODS 07-001 3301 W. Boynton Beach Blvd. Dear Mr. Pearson: Enclosed is the Development Order granted by the City Commission on March 20, 2007. The conditional use/site plan approval is valid for eighteen months from the date of final approval. In order to maintain vested status, a building permit must be secured or an extension granted within this approval period. To continue this project through the development process, please revise relevant pages of your approved site plan to incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must accompany the submission of the fully amended site plan set. The person managing your permit applications should be made aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with your permit package. The Building Division is committed to speedy and efficient completion of the building permit process for your project. However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC member for additional clarification of comments. Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval, please contact our staff for a review before submitting a permit package to the Building Division. A copy of the complete Development Order and Amended Site Plans reflecting the "Conditions of Approval" must be submitted to the Building Department along with the first permit request to avoid any delays in the processing of your permit. Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~;/ J)U we. _ Michael W. Rumpf Director of Planning & Zoning Ene. Development Order w/COA S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jeny's Cigar Lounge CO US 07-001\Approval Letter.doe " DEVELOPIV'~ 1T ORDER OF THE CITY COMML ,ION OF THE \". fY OF BOYNTON BEACH, FLORIDA APPLICANT/AGENT: Mr. Jerry Pearson II Development paz Building Engineering Occ. LIcense Deputy City Clerk PROJECT NAME: Jerry's Cigar Lounge AGENT'S ADDRESS: 4772 NW 90th Way, Coral Springs, FL 33067 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 20,2007 TYPE OF RELIEF SOUGHT: Request conditional use approval for a 1,200 square foot "cigar lounge" that proposes to serve beer and wine in conjunction with the sale of, and on-site smoking of, cigars in a strip mall development located on the north side of Boynton Beach Avenue in the C-3 (Community Commercial) zoning district. LOCATION OF PROPERTY: 3301 W. Boynton Beach Blvd. (see Exhibit "A" - Location Map) DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. X TH IS 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 AP~11nt's application for relief is hereby GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other DATED: 3-d. 3-07 p~ ~In. City Clerk S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge CO US 07-001\DO.doc Exhibit "An - J rry's Cigar Loun&,e (of Paz Plaza) Location Map I f- ::> z :.::: ~T:i.',:/;:/; :'~) 190 95 0 I 190 380 570 N 760 + I FeetW 7/: E S EXHIBIT B ",'- '~4'-1I"= d\ D &" "_,:\" 11'-&" ~D r;- S!: 11'-"'11 1 ill N 1~'_'1t \ \. '- Exhibit C - Conditions of Approval Project name: Jerry' Cigar Lounge File number: CODS 07-001 DEP ARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: NONE X PUBLIC WORKS - Traffic Comments: NONE X ENGINEERING DIVISION Comments: NONE X UTILITIES Comments: NONE X FIRE Comments: NONE X POLICE Comments: NONE X BUILDING DIVISION Comments: NONE X PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: 1, The existing landscape trees, bushes, plants and sod for the entire site should X be located in accordance with the original City approved landscape plans on file in the Planning Department as MMSP 03-101, Paz Plaza. Any existing landscape trees, bushes, plants and sod throughout the site that are dead, missing or in poor health, must be replaced in conjunction with the use of the parking lot for the conditional use. [Environmental Regulations, Chapter 7.5, Article II Sec. 7.C.] CODS 07-001 - Jerry's Cigar Lounge - Conditions of Approval 02/23/07 2 DEP ARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 2. Staff recommends that the owner of Paz Plaza execute a cross-access X easement agreement in order to provide interconnectivity with the doctor's office project immediately to the east. 3. The subject approval excludes amplified music or entertainment, which would X require separate conditional use approval. This excludes accessory music, television or other video entertainment played at volumes that are equal to or lower than normal conversation levels within the establishment. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 1. None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. ~ S:\P1anning\SHARED\WP\PROJECTS\Paz P1aza\Jerry's Cigar Lounge CODS 07-001\COA,doc