Loading...
HPB-03-20-13 ____ AGENDA `�,4r 040P HISTORIC PRESERVATION BOARD Meeting Date: March 20, 2013 Time: 6:00 P.M. Type of Meeting: Regular Meeting Location: Commission Chambers, City Hall The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the City. Please contact Doug Smith at 243-7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Historic Preservation Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings,and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners may be in attendance. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF AGENDA IV. ACTION ITEMS A. Conditional Use (2013-103) 401 West Atlantic Avenue, "Breathe", West Settlers Historic District Authorized Agent: HSQ Group, Inc., Jay Huebner Applicant: 401 West Atlantic LLC., Amjad Hammad Conditional use request to permit an existing restaurant ("Breathe") to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. within the Atlantic Grove mixed-use development, located on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. Quasi-judicial Hearing V. REPORTS AND COMMENTS :• Public Comments ❖ Board Members Staff o HPB Awards 2013— Discussion on eligible projects. Ballot to be reviewed at April 3, 2013 meeting. VII. ADJOURN Amy E. Alvarez Historic Preservation Planner Posted on: March 13, 2013 III IV.A HPB MEETING ATTEND HELD: Approval of 401 W. March 20, 2013 Agenda Atlantic Avenue Breathe Rest. NAME Conditional Use VOTE to VOTE to Approve Approve 7-0 7-0 Annie Adkins Roof P Y Y Annette Smith P Y Y Samuel Spear P Y Y Anna Maria Aponte P Y Y Ronald Brito P Y Y Iris McDonald P Y Y Reginald Cox P Y Y Adjourned: 6:45 p.m.PM DELRAY BEACH All-America City ' I 1993 1 200 SIGN IN SHEET ?oo Historic Preservation Board March 20, 2013 PRINT FULL NAME ADDRESS OR ITEM NO. ORGANIZATION tr. J n k cc.0 cis Avg C1i •� . MINUTES OF THE HISTORIC PRESERVATION BOARD PUBLIC HEARING/REGULAR MEETING CITY OF DELRAY BEACH DELRAY BEACH, FLORIDA MEETING DATE: March 20, 2013 LOCATION: CITY COMMISSION CHAMBERS MEMBERS PRESENT: Annie Adkins Roof, Annette Smith, Samuel Spear, Ana Maria Aponte, Ronald Brito, Iris McDonald, and Reginald Cox MEMBERS ABSENT: None STAFF PRESENT: Amy Alvarez, Janice Rustin (Asst. City Attorney), Diane Miller I. CALL TO ORDER: The meeting was called to order by the Chair, Ms. Annie Adkins Roof at 6:00 p.m. II. ROLL CALL: Upon roll call by Ms. Miller it was determined that a quorum was present. III APPROVAL OF AGENDA: Motion made by Reginald Cox, seconded by Annette Smith, and approved 7-0. Chair Ms. Roof read the Quasi-Judicial Rules for the City of Delray Beach and Ms. Miller swore in all who wished to give testimony on any agenda item. IV. ACTION ITEMS: A. Conditional Use (2013-103) 401 West Atlantic Avenue, "Breathe", West Settlers Historic District Authorized Agent: HSQ Group, Inc., Jay Huebner Applicant: 401 West Atlantic LLC., Amjad Hammad Exparte Communications Reginald Cox— I have seen this project when it came before the WARC Board. Samuel Spear— I have been on WARC and have seen this project before. This is a conditional use request to permit Breathe, located at 401 West Atlantic Avenue, to operate past the hour of 12:00 am and no later than 2:00 am. The restaurant is located on the ground floor within Atlantic Grove, a mixed-use development on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. Historic Preservation Board Meeting March 20, 2013 The conditional use approval would be required in order to operate past midnight as the property was determined to be within 300' of residentially. Part of the conditional use is to also make sure that a security plan, sufficient buffering and that you can make positive findings regarding the housing element from the comprehensive plan. Also, they have submitted a statement stating that "the restaurant currently has four security personal (sic) roaming the premise and two security persons at the front door checking IDs. For busy events the owner has hired local off duty police officers to work security detail. This security plan is currently in use and has been sufficient to protect the health and safety of the restaurant patrons." This security plan would appear unusual for a restaurant operation and is more for a night club operation which is prohibited at this location. In regards to the buffering, while the property is within 300' of the residentially-zoned property, the tenant space is farther from those properties, and is contained within a building which faces West Atlantic Avenue. Therefore, a buffer of the use space is already provided. The housing element requirements we are reviewing are if this is a restaurant, and if they were in fact operating as a stand-alone bar, which they are not permitted to because of the distance requirement. As a night club we cannot make positive findings but as a restaurant we can make that finding as long as they comply with the definition of restaurant part of which is a full menu at all hours of operation. Other review boards that have seen this request is as follows: The Downtown Development Authority (DDA) considered the subject request at its March 11, 2013 meeting, when a recommendation of approval was made noting that tenants in the building have raised concerns that the rear parking lot is too dim, and should be addressed to provide lighting levels that are perceived to create a safer feel. The West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting; the Board did not express any specific concerns with the request. The Community Redevelopment Agency (CRA) considered the subject request at its March 14, 2013 meeting, when the consensus was to recommend approval subject to a vote of approval by the Condo Board and meeting the conditions of approval in the P&Z Board Staff Report, including they show that they are a restaurant. The Planning and Zoning Board considered the subject request at its March 18, 2013 meeting, when a recommendation to the City Commission was made. The recommendation will be provided to the Board during presentation of the subject item. Courtesy notices were sent to the Neighborhood Advisory Council, Delray Citizen's Coalition, and the West Settlers HOA. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection submitted prior to Board packet 2 Historic Preservation Board Meeting March 20, 2013 distribution are attached; all others submitted thereafter will be presented at the meeting. APPLICANT PRESENTATION Jay Huebner, HSQ Group, Inc. for the applicant The owner has many properties, lives in the City of Delray Beach and works closely with the police department. He has bought out this property and changed it to a eat in restaurant and has been a difficult property to market as a lot of people like to go to East Atlantic. They are trying to change that and incorporate different ideas. Unfortunately they thought they had approved to 2a.m. and as Ms. Alvarez pointed out the only reason that we are here tonight is because we barely clipped the residential zone district. The condo association of the building has their own security personnel and they have approved our request. (a letter from the Condo Board has been submitted to the record). Any further questions that the Board has for us tonight, we are here to answer. PUBLIC COMMENTS— None BOARD DISUSSION Ms. Aponte asked Ms. Alvarez how were the townhouses zoned and they are zoned CBD. Also, Ms. Aponte wanted to know what kind of alcohol license do they have? I am with the understanding that they have a 4COP which they are able to sell full alcohol. Ms. Alvarez said that they have the 2COP which is cheaper which is beer and wine. Ms. Roof asked if the applicant could explain what kind of license they hold. Jay Huebner said that he was not sure but we have a full service bar. Ms. Alvarez read that they have a 4COP active until March 31, 2013. Ms. Aponte asked if they have a 4COP SRX, and Ms. Alvarez said that they only have a 4COP and this information is from "MyFloridalicense.com". Another question that Ms. Aponte had was if the approval goes through and they get the license to operate till 2 a.m. and they stop serving food at 11p.m. and only have alcohol, can the license be revoked? Ms. Alvarez answered and said that yes it can be revoked because it is only a conditional use and it could go back before the commission because they need to comply with all the conditions. Ms. Aponte said one more question and that is if there are 112 police calls in 15 months and they are not for the restaurant, than what is causing all these calls. Ms. Alvarez said that some of the calls are for the residents upstairs. 3 Historic Preservation Board Meeting March 20, 2013 Mr. Spear interjected and said that if there is an accident or traffic violation and it is in front of the restaurant or close by, they might use the address of the restaurant as where the police were called. Ms. Aponte remarked that the police call list is very misleading and hard to understand. Ms. Smith wanted to have clarification on the hours of operation. Is the hour of 2 a.m. only for the weekend and not for the whole week? Jay Huebner replied that she was correct. Ms. Aponte asked for clarification that they cannot operate as a nightclub. Ms. Alvarez said that was correct, because as a nightclub we have a 750' radius requirement. Mr. Cox commented that West Atlantic is a challenge and he hoped that this restaurant will be successful. Ms. Roof said that her concerns would be the letters that are reflected to the residence on the 3rd floor. Mr. Cox said that would be the concern for the HOA of the building. Mr. Brito was concerned that they might be having a hard time in season, what is going to happen when the seasonal people leave. Staying open till 2 a.m. might not bring in the people that we are looking for in Delray. When the season is over, is this the place where after 12 midnight that you want to go. Mr. Spear commented that the restaurant has been open for a year and only had 5 calls come in, and they didn't have any trouble. Second, if they are operating till 2 a.m. this is a conditional use and we have inspectors that come in and check and if he is not complying he will be cited. I think the protection is in place. Mr. Cox asked if Mr. Huebner is in favor of the 6 conditions that are noted in the report and he is fine but did ask about the music and Planning and Zoning did ask for definition of "live music". We do not have bands or DJ just music. MOTION Recommend approval to the City Commission of the conditional use request for a 24- hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-11.3, subject to conditions: 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3:00am be provided; 3. That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4 Historic Preservation Board Meeting March 20, 2013 4. That no music or outdoor speakers will be allowed outside the building or tenant space; 5. That any live music will stop by midnight, on all nights of the week. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation, prior to consideration of the request by the City Commission Motion by Mr. Cox, seconded by Mr. Spear. Said motion passed with a 7-0 vote. REPORTS AND COMMENTS PUBLIC COMMENTS—NONE BOARD MEMBERS COMMENTS—NONE STAFF— Hold off the HPB Awards 2013. V I I. ADJOURN The meeting adjourned at 6:45pm The undersigned is the Secretary of the Historic Preservation Board and the information provided herein is the Minutes of the meeting of said body for March 20, 2013 which were formally adopted and approved by the Board on August 7, 2013. D Cane/Ma/ r Diane Miller, Executive Assistant If the Minutes that you have received are not completed as indicated above, then this means that these are not the official Minutes. They will become so after review and approval, which may involve some changes. 5 Historic Preservation Board 4d' AGENDA cd SIGN IN SHEET ❑ FORM 8B Ed BOARD ORDER 21/ VOTING SHEET Er MINUTES 1 HISTORIC PRESERVATION BOARD =ITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 20, 2013 ITEM: I V. A. Conditional use request to allow an existing restaurant ("Breathe") located at 401 West Atlantic Avenue, Atlantic Grove to operate past the hour of 12:00 am and no later than 2:00 am, pursuant to LDR Section 4.3.3(W)(2). ``4i -- N.i I 3RD ST. GENERAL DATA: t `rqv _ Applicant 401 West Atlantic, LLC., Amjad Hammad _ Agent HSQ Group, Inc., Jay Huebner MARTIN LUTHER KING JR. DRIVE _ Location 401 West Atlantic Avenue I�a s 1 --1 Existing FLUM CC (Commercial Core) 1 — Current Zoning CBD (Central Business District) I L Jacent Zoning North: CBD (Central Business District) 'ST - i �i1i1 �1i and CF (Community Facility) aFE- East: CBD (Central Business District) — ....° — = u1u1 _ South: CBD (Central Business District) — u_3 West: CF (Community Facility) ATLANTIC AVENUE Existing Land Use Mixed-Use Illll (Commercial, Office, Residential) Proposed Land Use Mixed-Use (Commercial, Office, Residential) E S.W.— 1ST ST. 3 �1 N N N 0 I K H I > S.WI. 2ND ST. I '- `-'Lj 'r: — - - N f ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a conditional use request to permit Breathe, located at 401 West Atlantic Avenue, to operate past the hour of 12:00 am and no later than 2:00 am, pursuant to Land Development Regulations (LDR) Section 2.4.5(E). The subject restaurant is located on the ground floor within Atlantic Grove, a mixed-use development on the north side of West Atlantic Avenue between NW 4th and 5th Avenues. BACKGROUND & PROJECT DESCRIPTION Atlantic Grove is a mixed-use development completed in 2003 which includes commercial, office, residential, and townhouse uses within the entire development. The commercial uses are located on the ground floor of the three-story buildings fronting West Atlantic Avenue from NW 3rd Avenue to NW 5th Avenue. The subject commercial space for "Breathe" is centrally located on the ground floor within the building spanning from NW 4th Avenue to NW 5th Avenue. Located within the CBD (Central Business District) zoning district, the property is also located within the West Settlers Historic District which was established in 1997. Regarding the subject tenant space, a letter was sent to the business owner or representative of "Saki Room" in October 2005 to indicate that Conditional Use approval would be required in order to operate past midnight as the property was determined to be within 300' of residentially zoned property. In July 2006, a Conditional Use request was submitted to the Planning and Zoning Department for the "Saki Room" restaurant for the aforenoted reason. However, the application materials were insufficient and the application was not further processed. In October 2011, "Breathe" was established in the "Saki Room" space when a Business Tax Receipt was granted by the City. The use listed on the license was "restaurant." It was recently discovered that the "restaurant" was operating until 2am without Conditional Use approval which was required since the property is within 300' of residentially-zoned property, as required by LDR Section 4.3.3(W)(2)(a). A map which illustrates the 300' radius from both the property line and tenant space is attached. Therefore, the item before the Board is a conditional use request to allow Breathe to operate past the hour of 12:00 a.m. and no later than 2:00 a.m. "on busy nights of the week." The "restaurant" would like to extend the operating hours to 2:00 a.m. seven days per week. No modifications to the foot print of the existing space or alterations to the exterior architectural elevations of the building are proposed. The Conditional Use request for "Breathe" to operate past midnight and until 2am is now before the Board for consideration. NOTE: "Breathe" is licensed and approved to operate as a restaurant. However, research of both the business website and social media page, shows an emphasis on the "bar" use, as opposed to dining (see attachments). In addition, an employee of the business recently indicated that food is not served past 10pm, "but is limited to a few items after the dinner rush" as stated on the social media page. Further, an event flier for Saturday, March 9, 2012, posted on the business website indicates that the "doors open at 8pm — 4am." While stand-alone bars are permitted as a Conditional Use, when located within 300' of residentially zoned property, they are not permitted within 750' of an established stand-alone bar. The attached stand-alone bar map illustrates that the subject location is within 750' of the "Clearview Lounge", located at 524 West Atlantic Avenue. Therefore, sufficient evidence that "Breathe" operates as a Historic Preservation Board Staff Report;March 20,2013 • Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 2 restaurant and meets the definition of restaurant (See Appendix A), during all hours of operation shall be provided prior to consideration of the Conditional Use request by the City Commission. CONDITIONAL USE ANALYSIS Pursuant to LDR Section 4.3.3(VV)(1), 24-Hour or Late Night Businesses, the purpose and intent of the regulations of this section are: (a) To promote the health, safety and general welfare of the citizenry; (b) To provide conditions upon the use of 24-Hour or late night businesses in order to minimize impacts upon residentially-zoned properties from such uses. Pursuant to LDR Section 4.3.3(VV)(2), 24-Hour or Late Night Businesses, Requirements, unless otherwise specified, the following regulations shall apply to 24-Hour or late night businesses: (a) Conditional Use:Any 24-Hour or late night business located or proposed to be located within a three hundred foot (300) straight line route from any residentially-zoned property shall obtain a conditional use permit from the City for the operation of such use. The distance shall be measured from the nearest point of the property on which the 24- Hour or late night business is or will be located to the nearest point of a residentially- zoned property. The subject property is within 300' of residentially-zoned properties (R-1-A) located on NW 6th Avenue, thereby requiring the subject request to extend the hours of operation past midnight, to 2am. The attached "Location Map" illustrates the proximity of the property to those on NW 6th Avenue, as well as the 300' radius of the tenant space of the subject business, which is not located within 300' of residentially zoned property. (b) Conditions: In addition to complying with Section 2.4.5(E) of the Land Development Regulations, all other applicable regulations, and with any conditions imposed through the conditional use process, the following conditions shall apply to all 24-Hour or late night businesses which meet the requirements of subsection (2)(a): 1. Security Plan: A 24-Hour or late night business shall submit a security plan detailing the manner in which the business intends to address the security of the establishment, its patrons, employees and nearby residents. A security plan shall include, at a minimum, a detailed description of the following: a. External lighting; and, b. Other external security measures, such as security cameras or other similar measures; and, c. Internal security measures, such as drop safes, silent alarms, security personnel or other similar measures. The submitted Security Plan states that "the restaurant currently has four security personal (sic) roaming the premise and two security persons at the front door checking IDs. The restaurant serves alcoholic beverages and provides either hand stamps or wrist bands to monitor patrons under the age of 21. For busy events the owner hires local off duty police officers to work security detail. This security plan is currently in use and has been sufficient to protect the health and safety of the restaurant patrons."This security plan would appear unusual for a restaurant operation and is more akin to a night club operation which is prohibited at this location. Historic Preservation Board Staff Report; March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue • Page 3 Regarding safety and security, the CPTED (Crime Prevention Through Environmental Design) review conducted by the City's Police Department indicated that "It is important to include some sort of CCTV or camera security device. In the event of a crime, the cameras will aid with identification of the suspect, preventing repeat incidents. There is a security guard that patrols the Atlantic Grove Plaza, but it is unknown when the patrol ends. Security should remain until at least 230am to ensure all patrons have safely left the area." However, due to concerns for the safety of both the patrons and employees of the "restaurant", security should remain until at least 3:00am. The CPTED review also indicated that "there appears to be adequate natural surveillance for the area in question. Windows should provide a clear view of the parking lots, sidewalks and bike racks from inside the building. In addition, they should not be obstructed by signage or plant life."Further, the existing external lighting on the site was found to be sufficient. Given the above, it is recommended that if the approval is granted, it should be subject to the installation of either a CCTV or camera, and that confirmation that security will patrol until 3:00am be provided. The CCTV or camera should be installed both inside the tenant space, as well as outside to ensure adequate coverage of the tenant space exterior and adjacent parking area. These items have been added as recommended conditions of the request. 2. Buffering: A 24-Hour or late night business shall provide adequate buffering to minimize the effects of noise and to act as a visual buffer to the property from nearby residential districts. While the property is within 300' of the residentially-zoned property, the tenant space is farther from those properties, and is contained within a building which faces West Atlantic Avenue. Therefore, a buffer of the use space is already provided. (c)Findings: In addition to any findings required by Section 2.4.5(E) of the Land Development Regulations, and any other required findings, the following specific findings shall be made in order for any 24-Hour or late night business to be approved for a conditional use: 1. That the use will be consistent with Housing Element A-11.3 of the Comprehensive Plan of the City of Delray Beach. Housing Element Policy A-11.3 — In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. 2. That the submitted security plan contains measures adequate to reasonably protect the safety of patrons, employees and nearby residents. 3. That the amount and type of proposed buffering is adequate to minimize the effects of noise impacts upon surrounding uses and nearby residential properties and to act as a visual buffer to the property from surrounding uses and nearby residential properties. Historic Preservation Board Staff Report;March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 4 In review of the aforenoted Housing Element Policy, the stability of the neighborhood should not be impacted by a "restaurant" extending its hours of operation until 2am. However, there is question as to whether the business meets the definition of restaurant, which is cause for concern; a stand-alone bar would not be appropriate due to the likelihood of a negative effect on the "stability of nearby neighborhoods." The traffic volumes and circulation patterns of a "restaurant" should not impact the neighborhood during the extended hours as all traffic would have easy access to West Atlantic Avenue without utilizing local streets. As previously indicated, the security plan is insufficient with respect to cameras and a detailed security patrol area. However, the buffering is deemed to be adequate solely due to the spacing between the tenant space and the residentially-zoned properties. However, it should be noted that the parking lot for Atlantic Grove (including Breathe) is within 300' of the residentially-zoned property on NW 6th Avenue. Further, residential properties within the building (3`d floor) should not be subjected to night club aspects of the current use (i.e., loud music). Given the above review of the applicable Housing Element Policy, security plan, and buffering, positive findings can be made for the extended hours until 2am of the "restaurant", subject to the indicated conditions. Additionally, the condition that the operation be modified to eliminate those aspects which lend themselves to a nightclub (i.e., loud music, limited menu, etc.) is recommended, as well. Pursuant to LDR Section 2.4.5(E)(5), Findings, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. As a nightclub, this required finding cannot be made. However, as a restaurant, which does not play loud music and provides a full menu during all hours of operation, the impacts are minimal given the proximity to residential uses. It is noted that a "Calls for Service" report for 401 West Atlantic Avenue indicates 112 calls since January 1, 2012 through March 11, 2013. However, the Police Department has indicated that of the 112 calls, "there are only 12 potential crimes at the entire plaza. It will be less than that for the entire plaza because some can be civil matters and other incidents..." It was also indicated that Breathe was recently cited for serving alcohol at 4AM, a time of day when Breathe is neither permitted to be open nor to serve alcohol. The following zoning designations and uses border the property: Direction Zoning Use North CF (Community Facilities) Parking Lots (Public and Private: Associated with a developed parcel) South CBD (Central Business District) Commercial Uses (Retail, Office, Restaurant) West CF (Community Facilities) Fire Station East CBD (Central Business District) Atlantic Grove Development (Mixed-Use: Residential, office, commercial) The chart above provides the zoning districts and uses immediately adjacent to the subject property. In consideration of this information, the extended hours until 2am of the "restaurant" Historic Preservation Board Staff Report; March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 5 should not have a "significantly detrimental effect upon the stability of the neighborhood" which includes the City's main fire station, parking lots, and other commercial uses. While there are residential units on the upper floor of the subject building as well as the building to the east, these units are located within the CBD, which is intended to provide a lively atmosphere, as opposed to the residentially zoned districts. Additionally, nearby development or redevelopment will not be hindered by the extended "restaurant" hours. Based upon the above, positive findings can be made with respect to the subject Section. It should be noted that given the upper-story residential units, the extended hours would not be appropriate for a night club or stand-alone bar. Pursuant to LDR Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to consistency with the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the LDR. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD). The CBD zoning district is consistent with the FLUM designation of CC. As previously stated, the existing "restaurant" is an allowed use in the CBD zoning district, as is a 24-hour or late night business, subject to conditional use approval. Based upon the above, positive findings with respect to the FLUM designation of the subject property can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal involves an existing "restaurant", and the conditional use request to allow the extension of operating hours from midnight until 2:00 a.m. will not affect the ability of the site to maintain concurrency. No significant increase in traffic demand, solid waste services or water and sewer will be created by this development proposal as a "restaurant." Therefore, positive findings with respect to Concurrency for the subject proposal can be made. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. The applicable Housing Element Policy was reviewed above, and the proposal was found to be consistent with its intent. Further, the required findings of Chapter 3, and those of LDR Section 2.4.5(E)(5), were also found to be consistent. Therefore, positive findings with respect to Consistency of the subject proposal can be made. REVIEW BY OTHERS The Downtown Development Authority (DDA) considered the subject request at its March 11, 2013 meeting, when a recommendation of approval was made noting that tenants in the building have raised concerns that the rear parking lot is too dim, and should be addressed to provide lighting levels that are perceived to create a safer feel. Historic Preservation Board Staff Report;March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 6 The West Atlantic Redevelopment Coalition (WARC) considered the subject request at its March 13, 2013 meeting; the Board did not express any specific concerns with the request. The Community Redevelopment Agency (CRA) considered the subject request at its March 14, 2013 meeting, when the consensus was to recommend approval subject to a vote of approval by the Condo Board and meeting the conditions of approval in the P&Z Board Staff Report, including they show that they are a restaurant. The Planning and Zoning Board considered the subject request at its March 18, 2013 meeting, when a recommendation to the City Commission was made. The recommendation will be provided to the Board during presentation of the subject item. Courtesy notices were sent to the Neighborhood Advisory Council, Delray Citizen's Coalition, and the West Settlers HOA. Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection submitted prior to Board packet distribution are attached; all others submitted thereafter will be presented at the meeting. ASSESSMENT AND CONCLUSION The proposed conditional use for "Breathe", an existing approved and established "restaurant" use, to extend its hours of operation past midnight to 2am, should not negatively affect the surrounding neighborhood or adjacent businesses and developed properties, if it does in fact operate as such. There is a sufficient buffer and distance between the residentially-zoned properties and the subject tenant space. The CPTED review proved to be sufficient with respect to surveillance and lighting. However, the review pointed out that security cameras or a CCTV system should be provided in the case that a crime should occur, it can be recorded. Additionally, security should patrol the property until at least 3:00am in order to secure that all patrons and employees vacating the premises will be able to do so in a safe manner. Based on the above and provided that the conditions of approval are addressed, positive findings can be made with respect to LDR Section 2.4.7(B)(5), to recommend approval to the City Commission of the conditional use request to allow "Breathe" to operate as a restaurant past the hour of midnight and no later than 2:00 a.m., pursuant to LDR Section 4.3.3(W)(2)(c). However, based on concerns previously stated, confirmation that the business meets the definition of restaurant and is not operating as a stand-alone bar will be required prior to further consideration of the request by the City Commission. ALTERNATIVE ACTIONS A. Recommend denial to the City Commission of the conditional use request for a 24-hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon a failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(W)(2)(c) (24-Hour or Late Night Business Findings), of the Land Development Regulations, and consistency with Housing Element Policy A-11.3. (Motion to be phrased in the affirmative. See above.) Historic Preservation Board Staff Report;March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 7 B. Recommend approval to the City Commission of the conditional use request for a 24-hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(VV)(2)(c) (24-Hour or Late Night Business Findings) of the Land Development Regulations, and consistency with Housing Element Policy A-11.3, subject to conditions: 1. That a CCTV or camera is installed both outside and inside, with a revised floor plan and site plan indicating their locations; 2. That confirmation that security will patrol until 3:00am be provided; 3. That confirmation be provided by the applicant that the consumption of alcoholic beverages on the premises after 2:00 a.m. is prohibited; 4. That no music or outdoor speakers will be allowed outside the building or tenant space; 5. That any live music will stop by midnight, on all nights of the week; and, 6. That the owner provide sufficient evidence that "Breathe" operates as a restaurant and meets the definition of restaurant, during all hours of operation, prior to consideration of the request by the City Commission. C. Continue with direction. D. Find that the facility appears to operate a night club, which is prohibited at this location, and as such, recommend denial to the City Commission of the conditional use request for a 24- hour or late night business to operate at Breathe, 401 West Atlantic Avenue, based upon failure to make positive findings with respect to Chapter 3 (Performance Standards), Section 2.4.5(E)(5) (Required Findings), and Section 4.3.3(V)(2)(a) (Uses Involving Alcoholic Beverages, Prohibitions by Frequency), of the Land Development Regulations, and consistency with Housing Element Policy A-11.3. (Motion to be phrased in the affirmative. See above.) RECOMMENDATION At the Board's Discretion Staff Report Prepared by:Amy E.Alvarez. Historic Preservation Planner Attachments: • Site Plan • Floor Plan • Security Plan Historic Preservation Board Staff Report;March 20,2013 Conditional Use Request for Breathe Restaurant,401 West Atlantic Avenue Page 8 APPENDIX A LDR DEFINITIONS The definition of Restaurant, as adopted by the City Commission via Ordinance 42-05 on 6/21/05, is as follows: RESTAURANT (BONA FIDE): A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast food establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other establishments must meet the following criteria: 1. A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full course meals; a. Full course meals shall include a salad or vegetable, entrée and dessert. 2. A bona fide restaurant must have full kitchen facilities, which are located in a completely enclosed room, under roof of the main structure, or in an interior court and food preparation staff capable of preparing and serving full course meals during all hours of operation. 3. A bona fide restaurant must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer service area must be of adequate size to accommodate the service of full course meals. 4. In order for tables, chairs or customer counters to be included in the customer service area, the service of full course meals must be available at each seat or chair at each table or customer counter in accordance with the following: a. The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate the maximum occupant load of the restaurant; b. The full occupant load shall be determined in accordance with the provisions of the standard Florida Building Code or its successor code. 5. A bona fide restaurant must have the appropriate license issued by the state as well as all municipal or county permits required by law, and must meet all local zoning requirements. The definition of Stand-Alone Bar, as adopted by the City Commission via Ordinance 42-03 on November 18, 2003, is as follows: STAND ALONE BAR: Any licensed premises, including but not limited to, cocktail lounges, bars, nightclubs, dance clubs, piano bars and cigar bars, devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises, in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. A place of business constitutes a stand alone bar in which the service of food is merely incidental in accordance with this definition if the licensed premises derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the licensed premises. MARTIN LU KING JR. hi wMI< w w IN ., > > Q' t Q : D IIIIIm him,eLIl 1111 imi Ifia 4111, : I z N.W. 1ST ST. RI= 1 NA 'PI m I III 1— Ci us ... CF - LIB _ Cr § § z z z z Z r ATLANTIC AVENUE w I. > > Q Q Q CBE,- 111.---'4" I ' l — — CF MI S.W. 1ST ST. F.,_F § ./ I I vi • ■ IL 1 _ .(A [ P ! • N SUBJECT RADIUSc[ 1_ RESTURANT 401 W. ATLANTIC AVENUE I:: I ANNIMI(_ AMD 7(MIIN1(_ -- , _ .;. F c f DEPARTMENT vl ® ` ," I LOCH I ION MHF' I lammi -- DIGITAL ROSE MAP SYSTEM -- MAP REF: U:\AutoCAD\Mork\401 West Atlantic Avenue • I I ED „.. F a MARTIN LUTHER KING JR. DRIVE _ o N S O) I o'A . II 1 _ 11111111/ _ zMI \ — / z z -4$'1- " Lill" AVE.-.-- ►~ z ill A T L A 1 T I C AVENUE - .` s I f I L., w ,_ _ .. w EW O aG _ • --- L =-1C AVE. �= Q`F ST. x 1ST '_ 41 > AM ` s m a w, O N0 1 8 N L ro 2ND ST. ri . _ r, in .., _ ._ i t —� S.W. 2N� vi i N BREATHE RESTAURANT --411111111Mr` STAND ALONE BAR AREAS CITY OF DELRAY BEACH. FL (750' RADIUS FROM PROPERTY CORNERS) PLANNING&ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- SA Planning &Zoning\DBMS\PROJECTS\STANDALONE BARS 2012 • . BREATIIF FC3 017U .fx — RANHIGOZOI.]NO •_1__c�-tom- E ATLANTIC GROVE—UNIT R8—R9 .. 401 WEST ATLANTIC AVENUE GENERAL NOTES QQ� Q CITY OF DELRAY BEACH ALL AA w NAND p[�QORr TRWA°444�LCCRLCND[0, [K ALL l LCO Y Dwo BE a mono°BE0 Al Y rue Oyu 2(Y aPfLlLddl NSW KL CItY CP DELRPIPOIaCY,FLpuOd 4•PLIC.VL[.YIENDn'Wtl. Z u 1.ALL_COMPACTORS L Va11 TN!lOD 111 A11D CCM!P AA L I wTH Tu! Ill Q ea�TeawnlarQ um rue LSD n rua xaif a uGRx ouoRe euenlnw A IYY.. ,Q J AL PALM BEACH COUNTY, FLORIDA • 'C•"MICGI ` "R �� �° QW IL .�..,[MD1e.[t Nh .ti 1: i1a,MMIT ref L. ro D eCR[PANCI[0 CCM.CTCrnP'CWG uGRC Oi1-0.[e Ili CCNTRALI°P/DULD[R }- !NALL IIwT[ELL R6MMSIDILItY FOR Y ERROR/°R.11631 w.ADO NOT SCALE V 1- 1 CqI RACTOw EMSLL 1V 0KN[1OL[rp11 6 OIb 1N1N]LP f.L LE-- 1 I-1 Z UP4.7 Pane A![LIW cN0,w0 lOTWI.�,I ���p14L iFO Pqt l lV 11 0 tln IA RCCYotl t KID YR{tiCJULLL Did ItEO 1 ■WLLR . UPON CGT'PLliION P}1!WDIRC Q U O OCCUPANCY CALCULATIONS e•a '°L ce74 x PtLY DcrllmwerzD wrN DTUER orr ro Awlo �1 U c=—_—_—_—_—_—_—_—_.���T �iweTT>eBP--•_—_—_—_� awru n.[Pw R[es or caurfa+erlw.ao ro Au+lEw dancon)uo � F- T• . m PER TABLE I0me.L1 PBG 7001 RJR.'2009 SJPPLEFIENT F.1 a W=EL. Q Di 1 td. s'�jti■ r ' i I]I �pS pL� �%Eq ' °[� uei 'aea nwvw ctae•e•LA z x uAD FIFE RArwD. �J sai PW EIM bdiT-��L —vEOPLE�. WI� EEm � rmQ•,�pDpJ�]FONT PIED SlAill' 1 CONCENtRe EO---- ! BiOOrei PECL[) •I / 7(I,GHF3y SPACER-J. I TOTAL OCDIPANDY•10.PEOPLE[ RETRWtC:LaC�rQA OLLNb�M ca1��nla]YO fR Y[ pL��pt aR.:• WY.II 1 ��• I •� .uofdL FIXTU E COUNT [O H1[i•�LO;�DP{Olw+s lffr�pq [1�p1[ HOE rt+COUCr DArd ArOA MTe)AND PEN �_ [ 30'J.iRB FEET•..JnDm GROS&•3 PEOPLE �1[?I merc9 TO TPA AFACWi[CT AND/WI EGUQER Fon APFROVAL O8tlF2 Q U S xnxn x.nn / ,Or is[wvx �{�. RaWO':eLY .1�la 111!ia1 BATHROOM R s.�u cmATRALT e L e PPSro+e PCP ra1R LP.ENEMA L`• [li- PER TABLE 4031 P.B.C.2001 NFU 7009 SUPPLEMENT•PLLEIBI4Y Ate O D e*f �r[»ev:Ara nr AND '�I IrPwOf 011e 4P.D LEVEL(Y - i0,,xu N �� QlPAHCTT® NOI AeiRe1LT'To 23 0020.T NUTiue![CJP[LT ANc r1140.iui POMnCN '��� 1 �Ja 1 NQ�m•{.LA$$IFIG4TION1 1A59EMBLYI-S7G A- 1.D m•1[DW n+a ORAu1G0 AND dPI•POYED eHC1•DRAWYA. AI _ P `I LL'47 LOS AVATORI1S DR'NHIN{Fd1N1A1N n.ALL Cm NUCTORS!NALL e[.0OPcw GL[KS.R[fu0AL CV ALL CONSTRACTIo1 __...___-�-_ .■� � R� DEDWO FCOt1IM PReet iu[RIAACW IS DApA r __ _ q MAL PFM E I PERT LF, N/A•PER SECTION{Im1 D.ceP�e Re Q N!4L LL R H•IaPALTtIt.R I I GTl--i I-1--P�T-� I ,I ,oI a..m s. '�k� ��' M {II I PER l! I PER 700 wtu�iow Rr if �rmeli rito�alouirz •h•ae [ArD w AeeoA$AIc[ U I l�I frl I �ri 7 tl .'.± i e .•d 000D caiTwcr»n FR..cT ce. 1 �I AV IL RAP Al iimi 1 [OCCUPANCY PER FLORIDA BUILDING CODE.BUILDING.10Z.PEOPLE! B.rLLL unm w COITACT wTu MASONRY,ccNCRert DR erzcL aNAll m [OAE �1I IP PER SECTION A0J3 F B4O,}00T tHRU)009 SI:PPLE71EN1-PLIY•IBWG c qa-OigR CEHErtrlwa MaRRULO'ero iu!WOO.RealliaD Ae MI 11 • ww n I O ---`I• I I urn.w>.-- t '�' ����1 I m6 PeOPLe i•] r1m3 nEN I Im3 LLGHEl+) �Pn1UaL.ccD[. I4 —_ -_-_-_I ( or PAP x nI µy eFINyA%.11.CALCULATIONS PER coos ABOVE EQIAL9 x I r �1 �� II 1 Iyta L°�O•E'I P ' ,PERSe"o'AxT,'REAc« n3 {,%3mo?r""Ntv"°�,allP. CODE TABULATION I I ♦e I L / ORE THIS PROJECT IS TO BE BUILT W ACCORDANCE WITH THE JEr�'.{�g 'u R • Q 1 I raGil�%NPPS RtmUIRED Md1CLd P PEEP:Eli.Iv�'1 r'RCPOf4D eU¢ZNi EDITION W THE BTANOARD BUILDING CODE 11[iH ii LAVATCRIEa•1•f LAVE�wNt COWLEB A 7 ALL ID APPLICABLE REOJIREPENTS A11D AMENDMENTS. xRPn a'•'n _•- IvyJit�— ^r4 ) ,� - A !• ------ FLORIDA PLORIDA BOLDOG CODE-1001 LNRU 70m9 SUPPLEMENT �_• '18AIF'�� .`r FLORIDA MECHANICAL CODE•7001 TJ 0 009 SUF'PLO-ENT :l. ;�/: �� � CONSTRLGTION TYPE FLORIDA PUMISING CODE•2001 THR)7009 SUPPLEMENT . �� I�, __._._ - __-_ -I. ���I fr I TTP81`WTIR80PRDXLfR$ T iE �,n �' I I REQUIRED EGRESS GRTQUPAA rdlDEHDLYE-10OB �� e �• I I RESTAURANT•-OCCUPANCY A-f • Y Illl \ • I I i ' .... I.Rr±�.T FIN P1RE E%ITO VIDED ED•f SQUARE FOOTAGE CR ENTIRE N3DANm0 SOFT.wI FIRE E%It$PROVIDED•J - r illy", ' �. � .� ,�;�(�` I P nA%e1H REaIPD TRAVEL TO SUIT.260 FEET E%ISTWG BIlILD4G, B x I;sI .... y• ' N � • L amisir,oj L; WIOERVIC OOR$OPEOF UJ 3e7Tam 3001. I -! 14A L. ORK ut ,� p, EwNTi�Ee • R91N 3 •.•••• ..•.. I II MO i COMPLETE TE:AIIT IMPROVEMENT FOR RESTAURANT AT 401 t1.EST ATLANTIC AVE.! THC rLOOR TNAi UVFOC I A is t —_e_—b — ��1� I ODE DONE P I i ;fir 1 - _ I SANITY.HOOD t0 REMAIN.S I I - I III — .. I . O7 • 11111 i r� i!iiI�JAA91. `—il N INDEX OF DRAWINGS • u o I I _—_ _ _-._ I M III FLOOmuirillres R SHEET 4-I OF li 1 �v1. I % A I I I FLOOR PLAN A-3 3 G0r'13 I IT•IT CrIPST {€� �_—_—_—_ Iru-1 !{ EGRESS PLAN r1 Il ° a �' I — s e _ �,1 . tee I 1 ■p PCUfER PLAN E-14 9 OF li • +4:lc-7,.!.,,,ai.^•e^c.�gyo,,22 w-Oriiirly I .rt T'�11.^.. �"[✓. .:�-�� Ily F7 � ��©, BATHROOM PLAN F E-7 6 GF li Still rilillatir1111111111Nn ! y ��, • I ' 1"' 11 ` .. PANEL bOH_DULEb_E E-3 1OFli ,r a�,,o a•�,. L711 1 1Jc ■p�`` �F11 ��1r1 ® r■ v _,f � li.1 I I I h • . `� a111 � 1111 11�l1��� , MECHANICAL PLAN ... .. M•L....._. B OF li• ,�.. .� 11d• A_ )13.1 t }, � �� I MECHANICAL DETAILSM•i9 OF 17 41T •�sINRa .•' 'LIP,^.N. ESAL I II.�!e)e:,•HIES?A0,,,NNEAAAR AN ,1...,R.a uE.n m1..,E.,.Al ,' ,u, ,� � ' , SANITARY PLAN .._ ........ ..... _ P._I _._....10 OF 11 •...,... II I � ' WATER PLAN P-7 II OF 17 i I f I I I 1 1 I I I _ I. BOPIETRIC RISERS P-3 17 OF 11 O. .01,1I : I I^9•q_,,,. ME)fAi[M91mAR3EG --------------] ml 1 AiV FI11 A F..I• a..... • ._—__.-- �� ----- SUBJECT PROPERTY I L RAN P.Ilt.A4 N SUBJECT PROPERTY N :f x's • SITE PLAN /IIk SITE LOCATION MAP Al) 10 A-1 -1TTT33-ACE- „ NOT TO SCALE II XG N L INO 41111 EL.'N 1f11 • SCHEDULE """"'• ITEMITEM ITEM ITEM TEH NVIDER DESCRIPTION OTT REMAFK6 MA'IBER DESCRIPTION OTY REHAFK9 NdiBER DESCRIPTION OTT REMApCS 1JU'1D[R DESCRIPTION CITY REMARKS IJliBER I DESCRIPTION OTl' REMARKS , - 1 FRYER.G49 FULL rot NMI PIICO FRIALATOR 15C•! IT--WOW.TABLE AT'LOW 1♦� � fl AenD,..IIP0-1015 it.45 STORAGE RACK —0 1_SEE NTIRIOR PLA., _ 7 _ 0 TOOIOEND 0l6A IO DIRMADLE,CLEAN AERO!CO-L•40 34 BACKDSR CABINET.REF, me PCOG ] •tl 50 Slat WALL WIT •EE INTERIOR PLANS 66 CUSTOM LOTAGE D00T11 SEE INTERIOR PLANS Q IMPERIAL ISD-!6 19 DISMABLE.SOILED A!�!9D-R-10 35 WATER NEATER GDV 001'SWIG 5 SHELVNG ABOVE bl CUDIa'I10002 BOOtH DEC 05651CJR BANS - INICNARBROIL!'GAS.CCINIER o 0 DISIRAB E- 0 TYPE�AM, favrue 6r 55 DRAFT DEAR COOLER IURDO AIR 550.75D 57 LvkG ADO+[ bD CUSIOr1 VIP.50014 SEE INTERIOR RAMS REF CaNi[R GRIODL!Siam ��TRW moo TRCO•!b DINT CASKET ERO 00.1650 l 505115 COOLER 1URDO AIR 10G•5o5D 5 EIIELVSO ABOK ,. 6' CLSiCM CdDNE Id OJ TEE INTERIOR PLACE ,C"-,L �.r v?�� DERV.CO VIER„OT f000 GAe 5465066 LLD.)O.NAT-5S REP.CQNICR SANDWICH TOP NROO AIR MO.. GLASS(44SHER.I540350 R TTPC NS. ER GW..O ELVIW AbOVC 10 OAR DTC0.D ... .>CE w1IRIOR PLANS ':•A.'�.���'k'iiC�L.ST F.CDTIIER DNDLL,041P• El TURBO AIR ISi-6090.74 NEAT LAMP 61RIP TYPE MCO SRI.60ii EXISTING 11000 ®aIDICH CADINE10 Af50VE BEE wiERIOR PLANS ll 76.A]•LEB517 >FE w1551cR PLANS .1 ! S. _6_ FRCE4ER CCWTER CORK-Top 0 TURBO AIR NP•105D 0 REF COW1ER WORE TOP TCR->650 • I-;41T>T:1t- ,f1116 WOO"SS.HIGNCA°0ETb SEE RTERIOR PLANS 1.. CUB t TOE NiCRIOR PLaN> ; •tom RO COWTE YON%10P 0 11R30 AIR TLLR•.E50 LL0IRC IABL!60'LPG 0 0...V.G,$11. 0 Luza 1=!0''!0'TABL! F'33tIP7�ii+nT] l NME1•1'IrrTILIIj:f4j.A SEE NIE RIOR PLANS G. REF•REACN.N Q TURBO AIR 63R1].! ESPRESSO CAPFVONO.TACH n�f WOCRRAN CLA U t7&.' 0'TAP! �S 1EFIIOR' ®CUSTOM RECEPIIW DESK SCE INTERIOR Pt•S To II IREEEER REACR-N TURBO AC JLNI]•! COFFEE ORWOER ��•••• '-r1'Frl•T'J �_.___ __..._ !D'..°•TABLE D S TEE IERIOR PLANS ]••.6.•.,'.MGU TABLE SEE INTERIOR PLANS I? ICE MAKE-CUBE•STTLE OOSUIIAKI KM-6-IRRH �'COFFEE DRETIRR U)005FlAIS Lt.,N'I_t,L[i{�i,..1-R.Nt.=!]•.Fl•BOOM �>EE N1fR GR P-ANS IM1 I♦.'. i RE•RIOCRAIO REAACHHAM ■m IIIRDO AIR PRO.16R �•V0 1'000 SASSIER EO I CHILI t� •5 -T'QIM TP S 5'L l SAD 1.11. Im��l=61ELvun ABOVE Q . RI—yOfdC iAp�[ I 6GOA ICE T BEV OIEPENSER 1 ANCER b-lu°°..°••1 A6 TEA OBEYER 8.0...1.106 RA reee E0•.!0•LOU I.BLEL SE!INTERIOR PL 10 LGHIED DON WTLa-TIC PAryE� `EE W TERIOR PLANS p� isWORK TABLE.ee•LP,G ■��� I I• DN 3`!c(IERIOR rt.'7 .._ SEE wr 1E- 7 0 I6 COly SINK 7 4ER0 x 5S 37 1000 SLICER I GENERAL WOG AS POT STATION I SA N'i ROOM CHAIR N1CRICR P.AN5 .60 CUSIC,SENCHERIOR PLANS a n/ zoo It �� a r..I,,,,LR''1 p'pp 67 Rf'E'IPZ 5_8 _- y- I- coILI u IIIIm u11IIII II t 71 IIII'' IIIIIIIIIWI -� t' -- 1Ij1W mlmmlmnmmlmnWWIIIIIIiEEBEISllamlmilmnmlonIIIWI r �MIl1 T1h11. - g IJm�- EImII6II IIIIIIIII'EE 2� /111fifo111u11i111� Im7! ® OI=9L Im �� IiDiST --_ b.- -� I �I 1! I mIm mliii! 4 t. ro EPs„ ` I I a - U:49NMG �Ql , D cD ,..°ID 2 •52..._....451 --IN _ fA, i I • l r'.. 1, �w Ij _c .ij4U !4F _= _0^ : y i - i ti l II.e..Lli'_d tit„ Ji -®q I �LWO I ;it I F L ,r d .m.'_}1z,=g1^ r.• =-T W T.yy1. L- r .�► I__I A•• I • J ©UZ - O --I1 � ——.— I I - y I l .... r -'7 - TIRO 0 f.° Oy IV I14'�'4- .. '' _ �u °kv' Y..c•nb R E '1_F �_ �" I -(II I1tg�II • 1 ,L1.�� }; 8` 11 1•�1I p 4�1'•jT• j 1 Tl•p 4 �+( I IYILIIIle ,L'a i. I 1`" K1k r C. 4 ,S p[fb R .iY,♦C'�i�; .. 7R, �_ 1.1. ,p,..�_-r— i II. __ !I II i�..0 LlITCHEN I La�17T!115.�.•, � i.Y .�.•�• 'IYT •—. 67 J I iI Im 1u��� R•f° .I a3 t I a '� n111 "� ° I .L J e�}}�1D f F710 t9�Zt•O �-� - . a: .2,7ee°O— i' I rF•aA jet- - t- I ____ I}Q-t a 'e.t.a' -BYiE� S� �.- . F�� ' © fe fKEr A.• FTER ' - - I I I 1'I ,, '6ya II' P �-L h� '1 f ° ,� I ". I 1 I I .TIR�R� XI9TING T HR MET IImmO® ..__Sler W•�ionau ,LEA 7 , IL�. 111m r.J S°as J r'''kfi------- EFIRE RATED I 1 _ r+u°�• �y �r"('LI 4 _-= TENANT -!�� -- .- ��'"'Y( IY ° (''{ H� t G / ® f y c�°°_M_'1-�,ou+aE AREA , `=;�� eEPARATTCNRI; I. ® l®� J'I L..1'}_ LFSf..; _— _...__. -._�___L•.2- C-_—_ -I TO VEIR FT_ ... il I CONr -1 .,. ,.°.- r A. ,.y -e• ..� E . { - i -}_—�- -- -I—'`4 1�'- •.1 e'�iI U © II�T Ell �J -W. .', I I `\ I L I 1 -_ Ic---.• _I L- rJll®1L}'`� I FJI �,®I-x r -L I id� ST ) I �11 £ I I 1 i I II -_._ J rl I i,�y"--`--2�I I I� s, I._.jN °. Y�i�l i I1 i i l0 i p .I f��I F '-I I-! 7•i! . $ iI D Do ! ,.•'I. .� • �D I. I I I i' A I LF-S.. I h —AIM'1 %, T _._ , �iI �P 14 T-L------_ —''I L It.�'IIItI '.' II I TTP'� '-°, ° - Fbr"rPu`. PSI. ri °=1 I11__.{� I L 1 __1 nKE7` J I _ '136. nK�DgI ..• 11111111 ' li 11I� t.... 9.1km, ; p.,•aA -T • I1 ICI ,� .- �� DID' ...__ ��` R.ELD� �l' ��= III —._. • ca• IIW _i�_r rI I I r I �[COMtIV!6100 O0ppLLUYJS -, 1 ,ARCHmmpEAHS DFE IRERIpyIR PLANS ���,,� f 4 uRtR!G I DaonD WE'EFK'irlR I L J I- I J L J I u15•."43:a1iWIrt F'L` I NOTE: FINI5HE5 LEGEND L BATHROOM FLOORS TO BE CONSTRUCTED 3 500'70 GA.STEEL STUDS°I6"O.C.ONE LAYER O`r IA"GIUD. ®.50I315G 014(1411 TOR or SHALL WAVE O0 OTHERUP RESISTANT F MATERIALS, ON EACH SIDE,6"ABOVE CLG.FIT.BLOCKING•MID P INTS __ HAVE A TOILETSH°LIP RE61BTA1T FINISH.SEE MR WATER DRAWINGS. rvtW IRANE WALL 041..-2.114101 7,ALL WALLS IN SHALL BE CC6ICRETE BLOCK OR 3-WS"CONY TOP I BOTI TRACK ��T " 11• RESISTANT GYPSUM BOARD AND READY To APPLY FINISH MATERIAL. I S�Sv R,Ty'�*N - 1S"rcg•IT iZI PM I4iR A"r SEE INTERIOR ALLS. pc rReN'"c LS"t . 3,CLEAN AND PRIME ALL SURFACES PRIOR TO PANTO• IN ACCORDANCE A-PRTEPRIA'iE .Y) e E ' WITH PAINTIDYa MANUFACTURER'°RECOMIENDATICN9,PAINT ALL SIX 1100 cMJ uuLl Yv TE AU µ IC't'CRT Al ALL OSf.L Bu"...r1,w ALOGI �\ It. SURFACES DOORS AS SELL, I 41R1N7qp1p•10 SCFEIWg •711111111111111811111.'Y°„xjq•DRrW+LL cwRMCfSRBBSTMY I a �A. EER 4.METAL ACCESS PANELS AND ELECTRICAL PANEL LOUVERS SHALL NOT OR PE!ale, S� .TY ® TO�l5 II"q II°u n cei pF.AN OCANab. N OE PAINTED WITH LATEX PANT,PANT PANELS WTH OIL BASED GLOSS FF'LN�i�S'R trilfC r ///•��� ENAMELS HATCHING MANUFACTURER'S RECOMMENDATIONS. I APPROVAL BEe ETTLE,. PLAN �_" 6.INTERIOR FLOOR SLABS ARE TO BE FINISHED TO RECEIVE FLOOR FLOOR f LF"1N G FN15HE5 A5 NOTED IN THE PINISH SCHEDULE.SEE INTERIOR OFA1L7N59. ]p��� 6.ALL WALLS AND DRYWALL CEILING'TH@I.OUi KITCHEN RECEIVING, P6_11yIlpb�-R 11 f�,pµ.I,yl_F. '�dy lyp�NT P t0 SCALE,1/A". '•0" DRY STORAGE.OFFICE.PREP AREA,WARE WASHING SALADS,FUCK-UP Q NON-RATcE-D I�ARTITION Vtg-IW D.Y FF„ Ew,,d�, E', TTT KOIT ° /J�.. 0 AND BEVERAGE TO NAVE MINIMUM WASHABLE PAINT(MID). / (NON BEARING).rA NOT TO SCALE) iso t"e APPMYMa re /= ACOUSTICAL TILE CEILING TO BE MINIMUM VINYL COVERED 1UN0.1 e` EC.NGSIIIl Truxell, Rebecca From: Marzia M <marziuccia3@hotmail.com> Sent: Monday, March 11, 2013 7:50 PM To: PZmail@MyDelrayBeach.com Subject: Public notice#2013-103 Re: Public Notice # 2013-103 Notice of conditinal use. The Planning and Zoning Board. My whole family is against allowing Breathe Restaurant and Lounge to extend its operating hours to 2:00 a.m. As loud music is played already till 2:00 disturbing the sleep of the people on the third floor. The vibrations and the sound are so loud that it makes it impossible for anyone to sleep. Even though the subject properly is zoned CBD, the third floor of the same building is zoned residential. Please take the necessary steps to ensure that no loud noise is made in the parking lot on the premices after 12:00 p.m. Thanking you for your consideration in this matter, greetings, Mrs. Marzia Balestrieri 1 OFAIRFAX FAMILY MEDICINE F+nY i r u£nX A Virginia Commonwealth University Residency Program D ( L' I [ pJoseph Siewick Drive,4th Floor f� lijil x Virginia MAR 2 , � 013 703)391-2020 ������ Fax:(703)391-1211C� 11l� March 6, 2013 Planning and Zoning Board c/o Planning and Zoning Department Office City of Delray Beach City Hall 100 NW 1s`Avenue Delray Beach, FL 33444 RE: Breathe Restaurant Conditional Use Request To whom it may concern: I am writing to comment negatively on the request by Breathe Restaurant to extend its operating hours from midnight to 2am seven days a week. I own one of the condominium units on the 3`d floor of that same building, Unit L-19. I have a tenant in my unit who has lived there for almost two years. Suffice to say,this building was always meant to be mixed use and,as such,all tenants are aware of the give-and-take required in that setting. However having businesses open until 2 am with residents trying to sleep with just one floor between the bar and their bedrooms is unacceptable. Described on one website as having a "sizzling late night crowd," I feel certain this will negatively affect the quality of life for the residents on the 3`d floor of 401 W.Atlantic Ave. Sincerely, - LAGG 20 in7 Maura J.Sughrue, MD User:BELTRAN CITY OF DELRAY BEACH 03/14/2013 09:1.8:03 CALLS FOR SERVICE @ 401 W ATLANTIC AVE i . 1/1/2012-3/14/2013 Prime Ceport# Date Time Nature Location Unit Disp. Close Time • 01/03/2012 16:20 AUDIBLE ALARM 401 W ATLANTIC AVE A35 Al 01/03/2012 16:32:38 01/03/2012 16:42 AUDIBLE ALARM 401 W ATLANTIC AVE C36 Al 01/03/2012 16:55:27 01/08/2012 21:24 TRAFFIC STOP 401 W ATLANTIC AVE D29 CIT 01/08/2012 21:50:38 01/13/2012 22:38 SUSPICIOUS 401 W ATLANTIC AVE C36 CAD 01/13/2012 23:00:33 01/16/2012 07:30 RECKLESS 401 W ATLANTIC AVE BOLO 01/16/2012 07:36:21 1001115 02/01/2012 15:06 ELEVATOR 401 W ATLANTIC AVE BAT IR 02/01/2012 15:16:51 02/02/2012 16:31 ANIMAL 401 W ATLANTIC AVE A46 CAD 02/02/2012 16:47:06 . 02/09/2012 23:20 DISTURBANCE P3 401 W ATLANTIC AVE C36 CAD 02/09/2012 23:28:47 1002060 02/14/2012 17:24 ACCIDENT P2 401 W ATLANTIC AVE A86 IR 02/14/2012 21:51:40 1001535 02/14/2012 18:31 PUBLIC ASSIST 401 W ATLANTIC AVE CAN 02/14/2012 18:35:10 1001537 02/14/2012 19:10 PUBLIC ASSIST 401 W ATLANTIC AVE SQI IR 02/14/2012 19:23:11 1002237 02/18/2012 13:58 BURGLARY 401 W ATLANTIC AVE A34 IR 02/18/2012 15:45:23 1001680 02/18/2012 14:36 BOX ALARM 401 W ATLANTIC AVE E2 IR 02/18/2012 14:57:27 02/18/2012 15:18 NEED CRIME 401 W ATLANTIC AVE CAN 02/18/2012 17:27:11 02/18/2012 15:43 NEED CRIME 401 W ATLANTIC AVE DUP 02/18/2012 15:44:36 1,002455 02/23/2012 08:12 ASSAULT P3 401 W ATLANTIC AVE N35 1R 02/23/2012 10:27:03 2001902 02/24/2012 17:54 MEDICAL 401 W ATLANTIC AVE BAT IR 02/24/2012 18:59:07 • 1002551 02/24/2012 17:54 SUSPICIOUS 401 W ATLANTIC AVE A36 IR 02/24/2012 19:42:33 03/06/2012 23:57 DISTURBANCE P2 401 W ATLANTIC AVE D27 NR 03/07/2012 00:06:15 2003479 03/14/2012 16:46 LARCENY P3 401 W ATLANTIC AVE C34 IR 03/14/2012 20:18:33 ' 2003556 03/16/2012 13:12 SUSPICIOUS 401 W ATLANTIC AVE A45 FIR 03/16/2012 13:29:50 03/1.6/2012 19:24 DISTURBANCE P2 401 W ATLANTIC AVE C35 CAD 03/16/2012 19:49:10 2003679 03/19/2012 08:18 DOMESTIC 401 W ATLANTIC AVE N35 IR 03/19/2012 09:22:06 03/19/2012 10:55 SILENT ALARM P1 401 W ATLANTIC AVE A34 Al 03/19/2012 11:08:12 2004131 03/28/2012 12:13 ASSAULT P3 401 W ATLANTIC AVE A35 IR 03/28/2012 13:53:50 2005575 04/27/2012 17:28 HIT AND RUN P3 401 W ATLANTIC AVE F61 IR 04/27/2012 18:24:27 05/05/2012 09:03 AUDIBLE ALARM 401.W ATLANTIC AVE A36 A4 05/05/2012 09:19:08 2006434 05/18/2012 12:19 DISTURBANCE P2 401 W ATLANTIC AVE A35 IR 05/18/2012 13:00:50 05/24/2012 15:59 TRAFFIC STOP 401 W ATLANTIC AVE C42 CIT 05/24/2012 16:09:22 05/25/2012 01:48 CIVIL MA.I 1.ER P3 401 W ATLANTIC AVE C33 CAD 05/25/2012 02:11:41 05/30/2012 18:04 ANIMAL 401 W ATLANTIC AVE C32 CAD 05/30/2012 18:39:00 06/10/2012 01:11 TRAFFIC STOP 401 W ATLANTIC AVE F63 VW 06/10/2012 01:16:54 06/15/2012 14:01 FOLLOW UP 401 W ATLANTIC AVE A35 SUPP 06/15/2012 15:12:16 06/19/2012 20:11 ACCIDENT P3 401 W ATLANTIC AVE C34 CAD 06/19/2012 21:41:32 07/01/2012 21:41 SUSPICIOUS 401 W ATLANTIC AVE C35 CAD 07/01/2012 21:51:20 07/01/2012 23:26 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 07/01/2012 23:30:07 2008532 07/05/2012 17:43 POLICE SERVICE 401 W ATLANTIC AVE F62 FIR 07/05/2012 18:20:42 08/02/2012 03:08 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 08/02/2012 03:20:51 08/18/2012 12:57 ABANDONED 401 W ATLANTIC AVE A36 CAD 08/18/2012 13:20:25 08/18/2012 13:20 EXTRA PATROL 401 W ATLANTIC AVE A36 CAD 08/18/2012 13:27:26 08/21/2012 07:33 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 08/21/2012 07:40:55 2010701 08/25/2012 17:34 DISTURBANCE PI 401 W ATLANTIC AVE C34 IR 08/25/2012 18:02:17 08/30/2012 08:14 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 08/30/2012 08:20:27 09/01/2012 09:22 EXTRA PATROL 401 W ATLANTIC AVE • A35 S79 09/01/2012 09:41:00 09/11/2012 12:00 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 09/11/2012 12:04:09 09/11/2012 20:02 AUDIBLE ALARM 401 W ATLANTIC AVE F61 Al 09/11/2012 20:28:31 2011568 09/14/2012 15:44 LOST AND FOUND 401 W ATLANTIC AVE G5 IR 09/14/2012 15:47:07 evlst3 Page 1 i Prime :. Report# Date Time Nature Location Unit Disp. Close Time ` 12008994 09/17/2012 10:25 BOX ALARM 401 W ATLANTIC AVE SQ 1 IR 09/17/2012 10:36:34 !. 10/03/2012 01:12 DISTURBANCE P2 401 W ATLANTIC AVE K92 CAD 10/03/2012 01:25:14 10/03/2012 01:27 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 10/03/2012 01:35:08 10/03/2012 03:04 CIVIL MATTER P3 401 W ATLANTIC AVE C36 CAD 10/03/2012 03:20:30 12012741 10/10/2012 01:15 EXTRA PATROL 401 W ATLANTIC AVE C35 ARR 10/10/2012 02:53:16 12012743 10/10/2012 01:45 DISTURBANCE P3 401 W ATLANTIC AVE N36 IR 10/10/2012 03:49:07 N:: 12012744 10/10/2012 02:35 DISTURBANCE P3 401 W ATLANTIC AVE C32 IR 10/10/2012 02:35:32 10/12/2012 17:07 EXTRA PATROL 401 W ATLANTIC AVE F65 CAD 10/12/2012 17:39:22 10/12/2012 21:48 EXTRA PATROL 401 W ATLANTIC AVE F21 S79 10/12/2012 22:29:09 10/12/2012 22:17 DISTURBANCE P3 401 W ATLANTIC AVE F61 CAD 10/12/2012 22:46:59 is 10/14/2012 23:10 DISTURBANCE P3 401 W ATLANTIC AVE F65 CAD 10/14/2012 23:59:43 12012959 10/15/2012 02:29 DISTURBANCE P2 401 W ATLANTIC AVE F65 ARR 10/15/2012 03:29:13 ,-3 10/15/2012 15:20 FOLLOW UP 401 W ATLANTIC AVE F21 NR 10/15/2012 15:53:47 I.. 10/16/2012 02:01 EXTRA PATROL 401 W ATLANTIC AVE X39 S79 10/16/2012 02:17:55 10/19/2012 02:29 EXTRA PATROL 401 W ATLANTIC AVE F65 CAD 10/19/2012 02:30:52 12013275 10/22/2012 01:51 VANDALISM P3 401 W ATLANTIC AVE C45 IR 10/22/2012 02:54:56 10/28/2012 02:17 STOLEN VEHICLE 401 W ATLANTIC AVE CAN 10/28/2012 02:21:39 10/28/2012 19:48 DISTURBANCE P3 401 W ATLANTIC AVE F65 CAD 10/28/2012 20:16:12 i 10/28/2012 22:30 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 10/28/2012 22:34:51 11/02/2012 12:56 EXTRA.PATROL 401 W ATLANTIC AVE A35 S79 " 11/02/2012 12:57:54 12010556 11/03/2012 08:59 BOX ALARM 401 W ATLANTIC AVE MI IR 11/03/2012 09:23:08 : 12013930 11/06/2012 16:51 H1T AND RUN P3 401 W ATLANTIC AVE X52 ACC 11/06/2012 18:53:10 11/08/2012 07:00 EXTRA PATROL 401 W ATLANTIC AVE A35 S79 11/08/2012 07:15:24 11/11/2012 21:46 DISTURBANCE P3 401 W ATLANTIC AVE C35 CAD 11/11/2012 22:58:45 11/12/2012 02:20 POLICE SERVICE 401 W ATLANTIC AVE C45 CAD 11/12/2012 02:28:27 1:: --556 11/21/2012 02:04 VANDALISM P3 401 W ATLANTIC AVE C46 IR 11/21/2012 03:09:36 IIUI005 12/01/2012 01:02 TRESPASS P2 401 W ATLANTIC AVE W1037 ARR 12/01/2012 04:29:15 • 12/03/2012 20:19 AUDIBLE ALARM 401 W ATLANTIC AVE C45 A4 12/03/2012 20:34:13 12015210 12/05/2012 20:27 FORGERY/COUNT 401 W ATLANTIC AVE C35 IR 12/05/2012 21:31:21 • 12011659 12/05/2012 21:26 MEDICAL 401 W ATLANTIC AVE Ml 1R 12/05/2012 22:13:03 12/11/2012 21:46 CIVIL MATTER P3 401 W ATLANTIC AVE C35 CAD 12/11/2012 22:07:31 i:• 12015694 12/16/2012 19:12 DRUNK 401 W ATLANTIC AVE C38 IR 12/16/2012 20:05:44 12/24/2012 00:44 SUSPICIOUS 401 W ATLANTIC AVE W1008 CAD 12/24/2012 00:53:40 13000071 01/02/2013 15:17 LOST AND FOUND 401 W ATLANTIC AVE G17 IR 01/02/2013 15:19:13 01/03/2013 20:49 DISTURBANCE P2 401 W ATLANTIC AVE C35 GOA 01/03/2013 21:01:49 • i! 01/14/2013 02:26 POLICE SERVICE 401 W ATLANTIC AVE C46 NR 01/14/2013 02:41:01 • 01/18/2013 23:52 DISTURBANCE P3 401 W ATLANTIC AVE C45 CAD 01/19/2013 00:21:35 01/19/2013 01:35 EXTRA PATROL 401 W ATLANTIC AVE C45 S79 01/19/2013 02:22:10 01/20/2013 01:56 EXTRA PATROL 401 W ATLANTIC AVE C45 S79 01/20/2013 02:31:23 1. 01/23/2013 21:12 EXTRA PATROL 401 W ATLANTIC AVE X36 S79 01/23/2013 22:09:32 ii 01/24/2013 11:16 FOLLOW UP 401 W ATLANTIC AVE A34 NR 01/24/2013 11:39:52 01/24/2013 14:19 EXTRA PATROL 401 W ATLANTIC AVE X35 S79 01/24/2013 14:44:16 01/29/2013 02:38 DISTURBANCE P3 401 W ATLANTIC AVE C35 CAD 01/29/2013 02:42:14 01/29/2013 03:07 DISTURBANCE P3 401 W ATLANTIC AVE C35 CAD 01/29/2013 03:19:27 13001458 01/31/2013 17:18 VANDALISM P3 401 W ATLANTIC AVE C34 IR 01/31/2013 18:06:16 • 02/01/2013 16:19 LARCENY P3 401 W ATLANTIC AVE CAN 02/01/2013 16:43:20 02/01/2013 22:36 EXTRA PATROL 401 W ATLANTIC AVE X36 S79 02/01/2013 23:01:27 02/01/2013 23:58 EXTRA PATROL 401 W ATLANTIC AVE F64 CAD 02/02/2013 00:27:47 -: 02/03/2013 02:14 SUSPICIOUS 401 W ATLANTIC AVE C35 VW 02/03/2013 02:23:41 . II IIII IIII02/04/2013 401 W ATLANTIC AVE F62 IR 02/04/2013 I t ti1691 02/05/2013 09:23 LARCENY P3�CE 401 W ATLANTIC AVE A35 IR 02/05/2013 10:05:22 CALLS FOR SERVICE @ 401 W ATLANTIC AVE Page 2 ': Prime report# Date Time Nature Location Unit Disp. Close Time 02/07/2013 16:52 SUSPICIOUS 401 W ATLANTIC AVE C34 CAD 02/07/2013 17:11:10 02/14/2013 19:29 EXTRA PATROL 401 W ATLANTIC AVE C45 CAD 02/14/2013 19:52:19 02/18/2013 06:37 EXTRA PATROL 401 W ATLANTIC AVE X35 S79 02/18/2013 06:50:00 "I 02/18/2013 09:51 EXTRA PATROL 401 W ATLANTIC AVE X3.5 S79 02/18/2013 09:58:05 02/20/2013 13:41 TRAFFIC 401 W ATLANTIC AVE X35 CAD 02/20/2013 13:59:45 03/01/2013 15:20 TRAFFIC STOP 401 W ATLANTIC AVE A34 CIT 03/01/2013 15:37:46 03/03/2013 09:50 401 W ATLANTIC AVE DUP 03/03/2013 09:51:41 03/05/2013 04:45 EXTRA PATROL 401 W ATLANTIC AVE C35 CAD 03/05/2013 04:59:05 03/05/2013 18:09 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 03/05/2013 18:22:10 03/09/2013 04:15 EXTRA PATROL 401 W ATLANTIC AVE C35 CAD 03/09/2013 04:21:53 03/09/2013 18:16 EXTRA PATROL 401 W ATLANTIC AVE C35 S79 03/09/2013 1.8:17:21 03/10/2013 03:19 DISTURBANCE P2 401 W ATLANTIC AVE X36 CAD 03/10/2013 03:26:31 03/11/2013 02:37 EXTRA PATROL 401 W ATLANTIC AVE X36 CAD 03/11/2013 02:50:16 3003435 03/11/2013 14:24 ASSAULT P3 401 W ATLANTIC AVE A35 IR 03/11/2013 15:34:36 Total Number of Events Listed: 112 II ix :.4LLSFORSERVICE@401 W ATLANTIC AVE Page 3 . • it log Archive.Gaileryz-,_ ,net Explorer.optimized for bing and M5N , _ , , ,.,, -...11 '14111.?‹,1,4--- ' I, 1 E.,,,, \4. Ta,,,,,,,-..t. T.,,,it, rialp, - , 5vcotesc.,•' .4 ,,, pr,.,µdrnai c.,-, ' •,., ., q, 0 - _-_!, .,;,-,. - Page w Safety w Tools w ti). Gallery •••• ammennomb Gallery-2 • - ins.ft*ors 401,'N'''': ' , . ... — ......_ .... "'"'"•-•-— ;:,' t;'," ., ' , P' ......0.„,!-••*". ' , 4 ." •• . A A . ,...., 39‘ — r'1443 ' r'PrI$Hit4 t.'. I . , ..• ;/4 t' : : • •• 40'.'t ' ' P ' . . . . . .. . ., . f " ' 1 . ,A -,. fit .,, i• 0 1 1/' 1 '1; al, ' ,,,,^' ''.-3 . . .4314!,"' ' i ''',. ill A18,41, ' • a 1 ir''... ...,, 1011- . •:,.. ,k;„.:- . , ,,,,,, .. 4icemeemir.; . ', ' ". , ,,,,441%, rt ,44 , 6 :" .1'1. ' ' ' ' '., Ni,- 1: . .6- ":"'.._1 ; 7"'""6 ". 1,., • ! ‘'^'•'" • .s• 1 " ,..1.1: ^ , 4 •-t-.7 •;, ..--1 ' 1 '!J " 1'''ll't 1 }tietr'. - ••---- ..... ,,A4 ',,f' ' - _,• • " i Return to all albums .• — * '7""- . ' "— "- - 1 f 1 1,..1 1 1...,. . "-1::., - 14,1,q. . • plug/210,-.1•iw•••6.11pro,-inbe.rppe Explorpr,optimised for E•ing and 11.1,5N ' ;' • ' ''' ' .::.'"•''" '':1:'-'''''','7'4:77,,,'M'ZtrIMIleZet,71-.:1'...f:74,,,,,7;i771.:',..,:f;,,„‘,,T::H.:,,i1,7.7,::-:::IT ,1.1---[—,,,i .,,T,. ,p1-77—•;•.farearthedelrarcan.1,,•.-.,,,-:..,., L'LL 2114/ X 11.- . :: • 1. E:.,-, v.,,,, f luo•:-.pp Tzzlp 111,'E.• avontes, i;,i,p pm..r,p.a..2-.,,-. ,,,,-..,V sa.Free Hama 0:: ,.- - -.-- V . 51::..5.,-1,.r.:,,,,..j:a;1•Ar..., a.. E3 . .:-_-:. 2;,;..,. P39P•• Safety'r Tools'," ON, Home a ery •• Menu events About us AMI GEery ... 74"67....' V..:. I , .t,'J -1 7....', , g.',',4.1.1.1!:;.,,:rt :4; ..,:!. 'i '''.,, : t '' "', r'! , • •: 'IA . . : -..S 1 1 ("1-E.:4'•:! •:11, :11: — °'''...- • .? ,' ' : :i:, •.-;,k. , ,, • , . - _,.. ...- —7-: ...... "L-- t ;','• -•14.' '-". • . .. ...: _ , . ..- :.- . . . .. 1, ....., . -• . ',, • -t-1 4.1 . . _ a ,;"'" Off 0 ", I I . T.•Se''. i -' ''Its7::.-------0:' I ...4 ?a:)ii, . : .. ' 40 .•s 1.2 r I , . , , r ty . . . . ' . ,,e,I r',..,lottner.M i;./ w !'.' 125% • -ALoet -internee)_.pte.,r.optiAice41 for bine and MSN k..Ar..IFJ";...'.brcathedehw corn^� _. ... .. .. ..... J�.nl�t X.�If Eir_ Fa ':e. Tool. 11•Ip _ _. .... 'evatee i3 P Pmervaveda V' :i?.,• Li Free Ho:mai. e 0 V G L Ne Page• Seery• Toole• • Home Gallery • Menu Events About us About us BREATHE New restaurant.Nightclub and Lounge opens in Delray BeachThe dish on food,Wine&RestaurantThe latest new downtown,Delray BEACH SPOT CATERING TO FOODIES AND NIGHTCRAWLERS IS breathe,A Mediterranean-fusion restaurant,lounge and nightclub.Located on Atlantic Avenue just west of Swinton, owners tour a"funky new twist on Mediterranean region fare in a chic,stylish and intimate atmosphere."Our authentic cuisine coupled with a sexy and alluring atmosphere is sure to make BREATHE one of the hottest dining and late-night destinations on Atlantic"Breathe offers a creative and diverse menu with dishes such as Aubergine Salad,with roasted eggplant,her goar cheese,toasted sunflower seeds and fresh plum tomatoes, Mediterranean Ivlezze,an assortment of hummus,olive tapenade baba ganoush and tabolueh with fresh mint served on grilled pita points;Snapper Beurre Blanc in lemon butter,served with garlic smashed potatoes; and a 14 oz.Filet Mignon served with a burgundy reduction,caramelized pearl onions and Parmesan potato gratin.Other option include 48 lemon infused Chicken Kabobs in a tzatziki sauce with grilled pita,and Scallops Tres Colores,which are pan-seared with crunchy asparagus and fire roasted pepper coulis.And for dessert,a must try the Seven Layer red Velvet tower with cream cheese frosting and a light dusting of powdered sugar.For libation,there's an extensive wine list and a array of specialty cocktails such as the watermelon sting.Cucumber Punch,Lychee Martini and Mediterranean Mirage.There's an exotic lounge for late night soirees and a private VIP room offering butler and bottle service.The outside patio features alfresco dining and resident deejays and parties going into the wee hours.Breathe is located at 401 W. Atlantic Avenue,Delray Beach For more information cal 561 330 4526 or visit breathdelray.com ` Internet 5, Kt Al lit 1.1,,.-i t_xpl.,-,.op"..,,P.1 C.'t5'ne.n4 M5N 'r ,:'-' :' ' , .:',' ._11.4t1X 1'3: ... i; nt'.E, avontet I,-i4.p Preeecvapeda:2-;..;,,.., ,,•• g Free Hamad e ....': .•,7,- a V =a...L....Vv. I I a. 0 , L, rt!..1 V Page'4, Safety 1.• Tools•• Or, Ill, ..-..,..u.,r,: f.t,r,, ''.'...: '..-. :•-..*:-, 0 EREATFE Wes this. 111 Nishad Rarnasar BREATHE TONIGHT WILL.BE PACKED WITH THE SEXIEST PARTY FEATLRING TFE cgxIFST DJ(me)(; we have docomted dirks all night 8,CF13,1 BAR TILL 11 FCR EVER11XE! 18 to party shake dat ass 16 2 people Ike this. • in Ryan Wildboy Waiter Lon-.Rcbtrcon WI, 1,..tzu a v:::.-.^.7 17,-.4,1•id.e iq FL 7',47,R,2th:".7 7.4.7,,,,,,, ., •I.,ke Fiitli'Ante 1 C01S,znt., III Nishad Ranlasar tonight is club BREATHE(401W Atlantic Avenue)where we will have otr weekly*clay party!always packed with the sexiest people!we have reduced ctrik prices all night,VIP service,hookah specials,and amazrig music! 18+venue/21+to dirk and we head to OASIS fix the afterparty(; OPEN BAR FOR EVERY0tE TILL 111!1 r.)7 oc.plo Maths. 'Ante 3,r.,,,r.r.',.-r:t.. 11.11.1 Nisbet]Rarriasar . . • Illp7-77%&v Igi t. beathPdelrag.curt =„ J(e)i_____ I?4 Lp Tree � r \:yia96 rat zrizas I:ants tielF g:Favcnles 11/4 p Preseraapedia : "r . )Free Hc1ma8 J '=- 1 W ia513E.4',rchive�iNiost",,Yanted n j I I 1r iJ ail N' Page Safety Tools N' Ow 7 .ri4 .✓.: • `AF3FaEl" Ilk TIfUN ',rk4OS.EDr �i TOSPor.SaPS �14, NO `VER ENTRY NY S MARKET, F MY GODS "' DJ MOST ""' GUYSB+ Ialj`+ I CC�� PRR"1ETI�AE&OASI CREATING LADIES ",7 1N1�1D BARBER SHOP y &DRINIC� �` ��I° q"u " �d HAGWOODS �'00B L J L i' COMPLEMEaTARY + DJ EV SALON ON THE AVE, . e"rxt rl• SUPER IPHONF r .r i +� FRO M BPM TO 12AtA ' DJ rm.. ,"A i S". ICY "� Lb NIGHT'"PALM BEACH " f GUYS $5 B4 MIDNIG DJ EDDY$4Y' I� REHABILITATION . '',,�,, $100 BOTTLES SPECIAL fi"DJ RICHIEmall i w,, CENTER, �' OPEN FROM 1QI "�� ' ' I Lill b` LAF TAX B n� I ACCOUNTING - 8 � J bC4k3ttki1LRoiii) 1Ci" I r IX _ BREwARtl.1 D HMIP:o • E � ,,, °" t � Anwuirewve ; .t r,as,.w.lma�, d i ILAWI A.VE, Nt VI OEIRAwACNFI r 4r /�¢ �+. 4x - r=cs[nr/.7.1. C 0.n cocas'4�rc,.� a00a.1rDl,.ay,�,�1„ t R yy iQ p i° 4�i i.�C�� �i +4� L 1 pw r f C1U1 A0005:i➢Cld CNfG110! ,,�� iqidzonibc '�^'1"!.� �' iIINI�i�NQ L:, • I a f� .Iy cause►3.1 as a' k 4 1 u''11 " lye, °4.. tam .t PR M C CM�1 " 4 " 9$d•S3d 1280 Most Wanted DJ � we. 1 Fc�.f�•.cr��ctcte�.r 1�.,c:D1;;.in: '�I�n�.�.�i!.. .-...A.- 1 t-E_ckt_.CsLr.nr ' E. March 10.2O13w"5.00pm-600pm _,-:__.,- 'PA''eekly on Sunda;•.forever • ; -1 7 f • '','OUR IENtlOt :LADIES &GENTS: n,*.:, °'' 't a SLIND 'OCTOBER. 147H CRA�r'-CH ILL 3.GLIi ER .i I PRESEN T S:JBE.ATZ LIVE ALONG Yvli H PRINCEr'i rwwr[o t , ,. B06B1. L-.DIES Ill FREE .-LL NIGH7,AND GUYS SE 6- 12:4.M MOS7',V.At1TED'+•iILL SHOT THE Uri'DOVI a"w Ti V"iITH ZOUK. KOMP.A. RAGC-E, HIPHOP. KIZOM6A., ETC.- FULL BLAST c BRE-C HE REST.A.LIR-.NT&. :y.��,.4'la: "...4. LOUNGE 401 V,,.ATLA.t•ITIG.AVE. QO;uF170Wt'J DELRA:'i'DOORS OPEN G8PM TO 4 AM DO NOT t"31.,,,7F _$1,:: SPECIAL EVENT AND BRING YOUR FRIENDS TO HAVE.A GREAT TIME i IiHLIS....'DRESSTOIt,3PRESSE Licst Wanted DJ every Sunday et E:CC P11 YOUR A.i�EH i IOt'l LADIES S.GENTS: SUNDA.`r'OCTOBER.14TH CRAZY-CHILL&GLFTERATI PRESENTS:JBE.A7Z LIVE ALONG WITH PRINCE BOBBI.LADIES IN FREE ALL NIGHT.AND GUYS SE.B 12AL1 LIOST WANTED WILL SHOT THE CT'DOWN WITH ZOUK.KOIIP.A.RAGGAE,HIPHOP.KIZOIdBA.ETC..FULL BLAST ig BREATHE RESTAURANT& LOUNGE 1-01 W.A.TLA.FITIC AVE.DOWNTOWN DELRA.I DOORS CPFN aF.pti Tr,e.Al, DO NOT MISS THIS SPECIAL EVENT A.IID BRING YOUR FRIENDS TO HAVE A GREAT'TIME WITH US....`DRESS TO IMPRESSED' , }. cl c3r�, rye i Basic Info hU1 Cza ` 1,.eglonar / Share Some •- — 3-).;r�'3 - { Goodness • Opened November 24, 2011 , • b . ' W i Food Styles American(Me';;') +" 401 Atlantic Avenue AI•;:'ays open Greek and Mediterranean ili 'I Deiray Beach,Florida 33444 { Middle Eastern Give someone a FREE Sandwiches salad,and enter to win Phone (561)330-4526 Seafood FREE salad for a year and more! Email admin breathedelray.com Website htt '_4,502 people likeP:il';r,;riq breathedelray.com Price Range SS(10-30) Salad Creations. - Parents Return to Specialties Lunch School y�8eacli k Dinner . r f Coffee . , • V s Drinks • 1 •1 F f: • 1 ra(ncj 4, I a gt3 Microsgilt+Corporation @ 2012 Nokia y Services Takes Reservations - r_. Walk-Ins Welcome People can get$5550 • Good For Groups grants to go back to About Take Out School in 2013!See if Waiter Service you qualify. Hookah Lounge,Mediterranean-Fusion Restaurant,Ultra Lounge and Night-Club Outdoor Seating Chic Home& Description Garden Finds • Parking Street s_ BREATHE Restaurant&Hookah Lounge is Delray Beach's hottest spot for a full Parking Lot • entertainment complex experience. Located on Atlantic Avenue just west of • Swinton,it is a"must'for diners looking to try a funky new twist on ., Mediterranean region fare in a chic,stylish and intimate atmosphere. Payment VISA t'^t;i3EA 044 aso_vFA =—''ti' The staff is renowned for their attentiveness,courtesyand skill behind the bar Options °a RE'S Shop Joss&Main for and on the floor,We offer a wide variety of mixed cocktails,beer &•;,,ine..Mth an chic home&garden average price of"is,Music ranges from House.Arabic,Top-'J,Dance,And to finds at up to 70%off! Hip Hop 1R&Es depending on the night:,Our kitchen stays open late but:is limited History by Year 57,455 people like to a few items after the dinner rush, Joss and Main. Perfect for happy hour,enjoying a Hookah,or a full dining experience. 2012 \r ufc UFC ufc UFC ufc UFC ufc UFC Weeknights offer a more intimate setting where as weekends typically provide a jw NOCHE DE MUJERES Seminole Classic bustling club atmosphere. Casino -->:G3iCtI'r.rCa:S1:ir+i...:41 of a 17., el `r-c, :51:24.sr-z:.;:-a w.-::T3--:t;C :Srsr s'�.`r C. y ' . •F l '...,.... .. .. • Tr:,t,1 '1�,.` t lrs.r".t :-r. r,. r1;,1' t.r.nll.4a".'Iti, r.,:.x� +° "tir:e$ •.f' `P....i C,•iti:f:d the. r • •i. i :_if °1 41.a - . .3elF«1 1 IS.'.. it .. '11C 1.. i`11i ! 4. ,.i, Y S f., ..FL, ^t. ... -i.: .i ./ .• � r• ! ' About Create an Ad Create a 7 - ,:_ L.3 -1r `'w f !. �. Y'l.:f.;'.1.,1. ,�, ,• yT. I ,s,.. :�7 r r... r ., r e: .. c r .,: :?;S LIKE Seminole Casino Facebeok c`2013•English(US) ,,I a L7i,.:1,ti a ._ ,:) ; .- '; - . i'.."r . ",?i i r '.1 T ..`. . Hollywood today-it rat:y`rr' I�i � >I'I cf ' , -r. might just be your lucky { L _ day! r ti-I e"r..L for(-2_,pTl.'1! ,-x:i �1•�'4:� • ti=:1. -t 74" '.i,. ,y,_ . �'ij-�_ n.J , . .;•.yi i. C�: .J iL- ' +; r::1.:-� -C• [e.5 Like • 20,525 people -.r. •s. -,t a- -,a. ,,a. ..re.f'3• 2c3 • Cei!..`1" t-.rp42. ,ri ';0'.. at like ri-K41:....1'Acf trS:,:k-°llf t 17;k: ft.:i .,.rn nnl... _, nn to Chat(21)c Historic Preservation Board Li AGENDA g" SIGN IN SHEET El FORM 8B 12( BOARD ORDER M" VOTING SHEET Ll MINUTES