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The GrandAMENDED DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: THE GRAND (A.K.A OZONE/ORBIT) APPLICANT'S AGENT: Cai Brockdorff APPLICANT'S ADDRESS: 5520 Pennington Avenue, Baltimore, MD 21226 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 3, 2001 TYPE OF RELIEF SOUGHT: Conditional Use - Amended Development Order - Conditions of Approval 'LOCATION OF PROPERTY: 3637 S. Federal Highway, Boynton Beach, Florida 33435 DRAWING(S): N/A THIS MATTER came before the City Commission of the City of Boynton Beach, Florida appearing on the Consent Agenda on the date above The City Commission hereby adopts the findings and recommendation of the Planning and Development Board, which Board found as follows: OR X THIS MATTER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 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". The Applicant's application for relief is hereby X GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. Alt further development on the property shall be made in accordance with the terms and conditions of this order. Other [ City Clerk ~,~ 4&lO ~ J:~SHRDATA~Planning~SHARED~W~PROJECTS~The Grand aka Ozone~CC 4-3-~ded DevelaomentOrder.doc ....~l#ilillIllit~ EXHIBIT "C" Conditions of Approval AMENDED Project name: The Grand (a.k.a. OZONE/ORBIT) File number: COUS 00-005 ReferenCe: 1st review plans identified as Conditional Use Site Plan. File # COUS 00-005 with a September 14, 2000 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS Comments: NONE X UTILITIES Comments: 1. The Utility Department has no objection to the proposed change of use in the X Gulfstream Plaza (Fontana Plaza Ltd.) for the above noted project. Utility services are available to the tenant change. If the ~vater meter is separate for this tenant unit, a capacity reservation fee will be required, based upon final meter size, or expected demand. FIRE Comments: 2. Please provide detailed description of use to include interior changes to X accommodate the new use. 3. If the possibility of increasing the occupant load is desired, descr/be how this X increase could be approved. POLICE Comments: 4. A review of the interior layout (i.e., exits, storage rooms, etc.) will occur at X permit stage. 5. Show valet parking area and signage. X ENGINEERING DIVISION Comments: 6. Valet parking requires an application for an occupational license processed X through the Department of Development. Include a sketch with your application to show the drop-off and pick-up area(s) not being located in the Page 2 of 3 The Grand (a.k.a. OZONE) COUS 00-005 DEPARTMENTS INCLUDE REJECT exiSting fire lane. BUILDING DIVISION Comments: 7. At time of permit review, submit a current survey of the subject site. X 8. At time of permit review, submit signed and sealed working drawings of the X proposed construction. 9. At ~ime of permit review, specify (in tabular form) on the site plan and/or X floor plan the proposed use of the facility, type of construction and occupancy classification proposed for the tenant space. The tenant building area, occupancy classification and type of construction shall comply with the specifications identified in the 1997 edition of the Standard Building Code, including the City of Boynton Beach amendments to the Standard Building Code. Work/ng drawings of the building shall comply with the codes spegified in Chapter 20 of the Land Development Regulations. 10. Co~npliance with the Building Codes will be evaluated at time of permit X review. The permit fee, water and sewer facility fees, Fire and Life Safety fee~, County fees and State fees will be determined at time of permit review. ! perm/ts are required to construct the improvements that are proposed for the X 1 1. ten--mt space. Permit application forms are available in the Building Division oft he Development department. A permit subm/tted checklist is available in theBuilding Division. The list identifies the basic documents that the Plan Re,Sew Analyst/Permit Application Technician checks for ~vhen an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENTALIST Comments: NONE X PLANNING AND ZONING Commertts: 12. Buil~ling fagade (front and west side walls) must be painted in colors X corhpatible with the established color scheme for the shopping center. Pr'r~vide proposed color chips for staffrevie~v prior to project completion. (Ch.9 Sec. 11) Page 3 of 3 The Grand (a.k.a. OZONE) COUS 00-005 DEPARTMENTS INCLLrDE REJECT 13. Tenant wall sign must be in conformance with Chapter 21 - Signs and be X consistent with site signage for the shopping center. A separate sign permit is required for the wall sign. 14. Ail 440 parking spaces in the shopping center should be properly striped. X Restripe the remaining 59 spaces. (Ch. 23, Art. II. L.) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. The building shall be designed with soundproofing measures including, at a X nummum, the addition of a double set of doors at each entrance to the establishment. The doors shall be kept closed at all times to ensure that ~ounds are buffered as patrons ingress and egress. Any "Bouncers" located at the entryways shall ensure that doors are not held open by waiting patrons or while checking ~dentaficat~on. 16. Qn-site uniformed security to patrol the parking areas and'perimeter of the X site shall be provided at the at the owner's expense during all hours of operation. Wherever possible, uniformed off-duty detail Boynton officers Will be used. 17. The approval is limited to the footprint of the current 23,000 square foot lease X space. Any expansion in area or into other bays to enlarge the nightclub, will r.tquire a new conditional use request and approval. Expansions to provide for service of food only are excluded from this condition. · · ADDITIONP~L CITY COMMISSION CONDITIONs 18. Ftr 6-months following issuance of C.O., a minimum of six (6) uniformed, X off-duty police officers will be hired for on-site security for all scheduled shows and performances. 19. Fgllowlng the first szx (6) months of operation the operator shall meet no less X th~n monthly with Policy Department representatives to consult with the Police Department to determine and maintain adequate levels of security for alI shows and performances. AMENDED CONDITIONS 20. Omit condition No. 18. X 21. Amend Condition No. 19 to read as follows, "The operator shall meet no less X th~n monthly with Police Department representatives to determine minimum security~ needs for all shows or performances. When an agreement cannot be re~ched between Police Department representatives and business operators, thcn subject activity will require a minimum of six (6) uniformed off-duty police officers for on-site security, MWR/patJYxSHRDATA\Planning\SHARED\WP~PROJECTS\The Grand aka Ozone\CC 4-3-01 Amended Conditions of Approval.doc