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REVIEW COMMENTS 7.A.l JERRY'S CIGAR LOUNGE (COUS 07-001) CONDITIONAL USE DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 07-007 FROM: Chair and Members Planning & Development Board ~~ Michael Rumpf Director of Planning and Zoning \LV r; Gabriel wuebbe~ \c( Planner TO: THRU: DATE: February 20, 2007 PROJECT: Jerry's Cigar Lounge / COUS 07-001 REQUEST: Conditional Use for bar/lounge (Beer and Wine) PROJECT DESCRIPTION Property Owner: Paz Plaza, Inc. Applicant/Agent: Mr. Jerry Pearson II Location: 3301 W. Boynton Beach Blvd. (see Location Map - Exhibit "A') Existing Land Use/Zoning: Local Retail Commercial (LRC) / Community Commercial (C-3) Proposed Land Use/Zoning: No change proposed Proposed Use: Bar/Lounge Acreage: 1.18 acres Adjacent Uses: North: Right-of-way for the LWDD L-24 Canal and further north, developed commercial property (Walmart) zoned C-3 (Community Commercial); South: Right-of-way for Boynton Beach Boulevard, and farther south, a planned residential development (Stonehaven) zoned PUD; to the southwest, commercial office building zoned C-1 (Official Professional); East: Vacant property zoned C-3 (Community Commercial); and West: Developed commercial property (Greentree Plaza) zoned C-3 (Community Commercial. Jerry's Cigar Lounge - COUS 07-001 Page 2 Memorandum No. PZ 07-007 BACKGROUND Mr. Jerry Pearson is seeking 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 small commerce plaza) located on the north side of Boynton Beach Boulevard about one-half mile west of Congress Avenue. The lounge will seat eleven patrons around a bar, and will provide assorted seating (lounge chairs, sofas) for approximately six to eight more patrons. A large humidor (a container or room where the humidity is controlled for storage and display of cigars) will occupy the wall at the west portion of the space. An office and a new restroom for patrons will be constructed, and an existing restroom will be preserved for employee use. Jerry's Cigar Lounge will be located in a bay at Paz Plaza, on a 1.1B-acre parcel in the C-3 (Community Commercial) zoning district. Per Chapter 1, Article II. Definitions, of the Land Development Regulations, a "bar or cocktail lounge" is defined as follows: "An establishment devoted primarily to the serving of beer, wine, or liquor, or any combination thereof, for on site consumption. The service of food shall be incidental to the service of alcoholic beverages." A bar is a conditional use in the C-3 zoning district when located within six hundred (600) feet of property lying within a residential zoning district as measured by direct distance between property lines. A conditional use requires greater scrutiny in reviewing site design, operational characteristics and potential impacts on surrounding properties. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.0 of the Land Development Regulations contains the following standards to which conditional uses are required to conform. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. Per Section 11.2.D., the Planning & Development Board and City Commission shall consider only such conditional uses as are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon the faithful adherence to and fulfillment of such restrictions and conditions including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. According to a current survey of the subject property, there are two (2) existing points of ingress/egress. The first existing access point is located at the southeast corner of the property, and provides direct vehicular access from Boynton Beach Boulevard. The second existing access point is located at the southwest corner of the subject property, and also provides direct vehicular access from Boynton Beach Boulevard. Both driveway widths appear to meet code requirements. These access points adequately address the needs of typical vehicular circulation, as well as that of emergency vehicles and sanitation equipment. However, during reviews involving older developments, staff looks for opportunities to improve non-conformities or other site deficiencies. In this instance, staff recognizes the opportunity to provide cross-access between properties in an effort Jerry's Cigar Lounge - COUS 07-001 Page 3 Memorandum No. PZ 07-007 to reduce the number of vehicles accessing a roadway link to only turn into the next property. Coincidently, the vacant parcel to the east is undergoing staff review for the development of a doctor's office. Staff has placed a Condition of Approval on the doctor's project to provide access up to the property line for the subject project (Paz Plaza) and recommends as a part of this conditional use approval, that the owner of Paz Plaza agree to this interconnection of properties through a cross- access easement agreement. Repeated attempts to reach the plaza owner have been unsuccessful, therefore we do not have their perspective on this request. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. The proposed use will utilize currently vacant space in an already approved shopping center which fulfills current parking requirements per its original approval. One (1) parking space is provided per two hundred (200) square feet of gross leasable floor area. 3. Refuse and service areas, with particular reference to the items in subsection 1 and 2 above. Consistent with Comprehensive Plan policies and city regulations, existing refuse and service areas are already provided and currently in use for this location. 4. Utilities, with reference to locations, availability, and compatibility. Consistent with Comprehensive Plan policies and city regulations, all utilities, including potable water and sanitary sewer are already available and currently in use for this location. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed use will have no effect on the existing landscaping, which has already been approved and found satisfactory through the original shopping center's site plan approval process. With the new permit application, the entire site (Paz Plaza) may be re-evaluated to assure conformance with existing landscape regulations, as noted in Exhibit C - Conditions of Approval. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The existing shopping center sign is located on at the southeast corner of the parcel adjacent to Boynton Beach Avenue and will remain with the provided, required landscaping. All existing signage will remain, and no new signage is proposed on site. The addition of Jerry's Cigar Lounge will not alter the site's exterior lighting, which has already been approved and found satisfactory through the original shopping center's site plan approval process. With the new permit application, the entire site (Paz Plaza) may be re-evaluated to assure conformance with existing signage and lighting regulations, as noted in Exhibit C - Conditions of Approval. 7. Required setbacks and other open spaces. The proposed use will have no effect on the existing building footprint, which remains compliant with setback requirements per the original shopping center's site plan approval. 8. General compatibility with adjacent property and other property in the zoning district. Jerry's Cigar Lounge - COUS 07-001 Page 4 Memorandum No. PZ 07-007 In general, the proposed tenant would be compatible with other existing businesses in the C-3 zoning district within the Boynton Beach Boulevard corridor. The general design of the building will not be altered as a result of the introduction of this use into the shopping center. The proposed use entails the sale of cigars, beer and wine in a lounge environment. There is no request for amplified sound. Staff thus opines that a noise nuisance will be not created for neighboring commercial nor residential uses. 9. Economic effects on adjacent and nearby properties, and the city as a whole. Based on its distance to nearby residential properties, and existing site buffering and landscaping, staff opines that there would be no negative effect on nearby properties. 10. Conformance to the standards and requirements, which apply to site, plans, as set forth in Chapter 19, Article II of the City of Boynton Beach Code of Ordinances. (Part III Chapter 4 Site Plan Review). With incorporation of staff comments, the proposed project would comply with all requirements of applicable sections of city code. 11. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards within Section 4.N. of the Land Development Regulations, Chapter 2; also, conformance to the City of Boynton Beach Noise Control Ordinance. With incorporation of all conditions and staff recommendations contained herein, the proposed project should operate in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. RECOMMENDATION Based on the information contained herein, staff recommends that this request for conditional use be approved subject to satisfying all comments indicated in Exhibit "CIf - Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Conditions of Approval. It should be noted that the future addition of any amplified sound or entertainment, would exceed the scope of this request approval. Any such changes or additions would require approval through the conditional use process including commission approval. However, the playing of music, televisions or other video entertainment at volumes that are equal to or lower than normal conversation levels within the establishment, is construed to be accessory to the subject approval. S:\Planning\SHARED\WP\PROJECTS\Paz Plaza\Jerry's Cigar Lounge COUS 07-001 \STAFF REPORT COUS MSPM.doc Exhibit "A" - ~_lry's Cigar Lounb~ (of Paz Plaza) Location Map I f- ::l Z :.:: I i i BOYNTON BEACH -- "" CO CO '" ,.. .- o .... 0 .- 0 s... ~ .- CD O-~-E ~ I CD E l) ...... ~ ~ 0 0 ~ o a: O~ . PIDD, .... 1 Z f ..' Plan~ned 'U1 ~l.t . nl . Devel6pment' ." N 7f~eet+' s 190 95 0 I 190 380 570 EXHIBIT B 0 1'_<a11 !;" 11\ 0 , ~ r;- :! UMIDOR POS 11'-12>" 'f ii;\ '" lca'-l" \ "- '--. Exhibit C - Conditions of Annroval Project name: Jerry' Cigar Lounge File number: COUS 07-001 ~ ,. REJECT DEPARTMENTS 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 RECREA nON 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 04/18/07 2 DEPARTMENTS 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: None X ADDITIONAL CITY COMMISSION CONDITIONS Comments: 4. Condition #2 was rejected by staff at the City Commission meeting on 4-17- X 07. S:\P1anning\SHARED\WP\PROJECTS\Paz P1aza\Jerry's Cigar Lounge CODS 07-001\COA.doc