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REVIEW COMMENTS 7.A.4 PRIVATE MEMBERS ONLY CLUB CONDITIONAL USE ___~.______.___- _ .. _ _ __.__._.__~m___~_"_____'__'_'''_"'~_~_'_-_'' .. ____n_ ----.-~.. .-. --...----...-.-....---.---.- reb-04-99 02:11P GATOR-ENGINEERING SERVICE 561-841 9991 P.02 L:WATOR ENGINEERING SERVICES, INC. 7289 Garden Road. Sulle 104 West Palm Beach. Florida 33404 (561) 84 1 -9990 Fax (561 ) 84 1-9991 E-mail: gatoreng@ao1.com February 4, 1999 City of Boynton Beach Planning Dept. 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Attention: Mike Rumpf RE: Request for Tabling conditional Use Approval Process for Private Members Club at 1107-1109 N. Federal Highway in Boynton Beach, FL. Dear Mr. Rumpf: This letter is being written requesting tabling of Conditional Use Approval Process for Private Members Club at 1107-1109 N. Federal Highway in Boynton Beach, FL. The conditional use process is scheduled for the Planning & Development Board meeting on February 9th, 1999 and the City Commission meeting on February 16th, 1999. This request is being made so that both the variance and conditional use approval process can runn run concurrent. We are requesting to have our application scheduled for the March 23rd, 1999 Planning and Development Board meeting and the April 6th, 1999 City commission meeting. If you have any questions in regards to this letter, please feel free to contact me. ---- ./..-i. r I .,.....;. ...... ......... . .~. .. Department of Engineering and Public Works P.O. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.co.palm-beach.fl.us . Palm Beach County Board of County Commissioners Maude Ford Lee. Chair Warren H. Newell. Vice Chairman Karen T Marcus Carol A. Roberts Mary McCarty Burr Aaronson Tony Masilotti County Administrator Robert Weisman -An Equal Opportuniry Affirmative Action Employer- @ printed on recycled paper December 9, 1998 7\'--~--::;~-:;~--:-;;--::.-- . ., 0 I .2 '" ,~ " ," . ~ 'Ii J -.;;,;,- - " , .iI '.~ . . _. I i 11 '--~. i~~i DEe I I j I -G-~~-'._,-;,,}'::~'~-J ~.~..:..~=,:T____~~.-, .J : . Mr. Michael Rumpf City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: BOYNTON PRIVATE CLUB TRAFFIC PERFORMANCE STANDARDS REVIEW Mr. Rumpf: The Palm. Beach County Traffic Division has reviewed the traffic study for the project entitled Boynton Private Club pursuant to the Traffic Performance Standards in Article 15 of the Palm. Beach County Land Development Code. The project is summarized as follows: Location: Municipality: Existing Use: Proposed Use: Trip Rate: Federal Highway, south of Gateway Boulevard Boynton Beach Electrical Supply (4,066 sf) Private Club (4,253 sf) 38.6 trips per 1,000 sf This rate was established based on the assumption that a private club will generate 40% of the traffic of a quality restaurant. New Trips: Buildout: 85 trips per day 1999 Based on our review the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm. Beach County. If you have any questions regarding this review, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER ~r Senior Traffic Engineer cc: Andrea Troutman, P.E. - Pinder Troutman Consulting, Inc. File: General - TPS - Mun - Traffic Study Review h:'\traffic'\apf\tps'\98057app.wpd - TAZ 505 O'BRIEN, SUITER & O'BRIEN, INC. Land Surveyors 2601 N. FEDERAL HIGHWAY DELRAY BEACH. flORIDA 33~83 DELRAY 276-4501 BOYNTON 732.3279 July 24, 1998 Gator Bngineering Services, Inc. 7289 Garden Road, Suite 104 West Palm Beach, Florida 33404 Attention: Greg Re: Showtime Dear Greg: This letter is to certify that the distance from the intersection of a line 185 feet north of and parallel to the south line of Government Lot 3 of Section 22, Township 45 South, Range 43 Bast, Palm Beach County, Florida, and the west right of way line of u.S. Highway No.1 to the intersection of the south line of Lot 15, Wilms Way, according to the plat thereof recorded in Plat Book 23, page 100, Public Records of Palm Beach County, Florida, and the east right of way line of u.S. Highway No.1 is 237.4 feet, more or less. Sincerely, O'BRIEN, SUITBR & O'BRIEN, INC. C;:~ D.~ Paul D. Bngle Fl. Surveyor & Mapper #5708 NUTTING ENGINEERS OF FLORIDA INC. ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing j August 12, 1998 Gator Engineering Services, Inc. 7289 Garden Rd. Suite 104 West Palm Beach, Florida 33404 Attn: Mr. Greg Ruhl Subject: Report ofExfiltration Test Lot 15 Drainage Test Northeast Corner of US-l and NE 12th Avenue Boynton Beach, Florida Dear Mr. Ruhl: Nutting Engineers of Florida, Inc. has performed one exfiltration test for the proposed drainage improvements at Lot 15 in Boynton Beach, Florida This report presents a brief description of the field procedures, and provides the results of the exfiltration test. One exfiltration test was conducted at the site and was located by representatives of Gator Engineering Services, Inc. This test was conducted to a depth of six feet below existing grade in accordance with South Florida Water Management District (SFWNID) criteria for 'Usual Open-Hole' conditions. Prior to starting each test, an 8-inch diameter hole was augered to the test depth to determine the depth to groundwater and to examine sub grade soils. After establishing the above parameters, the hole was stabilized by a full-length perforated PVC pipe in accordance with South Florida Water Management District specifications. Water was then pumped into the hole maintaining a constant water level at the ground surface. The stabilized flow rates were recorded in one minute intervals for a total of 10 minutes. The exfiltration test revealed a hydraulic conductivity (K'-value) of 3 .9X 10-3 cfs/ft2 - ft of head. Soil descriptions and flow rates for the test are shown on the attached exfiltration summary sheet. We note that the water table was below a depth of six feet at the time of the test. 1310 NEPTUNE DRIVE · BOYNTON BEACH, FLORIDA 33426 Boynton Beach (561) 736-4900 · Pompano Beach (954) 941-8700 · Fax (561) 737-9975 We appreciate the opportunity to provide these services for you. Should you have any questions, or if we can be of further assistance, please feel free to contact us. j Respectfully Submitted: NUTTING ENGINEERS OF FLORIDA, INC. r)'>/9? -- '. /J/~l.J.JI. ~ (.,"V'77~ Z;/J)/iF Richard Wohlfarth, P.E. #50858 Senior Engineer ~ Dennis H. Jones Project Engineer GATORENGlDHJ @NUTTING ~ ENGINEERS OF FLORIDA, INC. ESTABLISHED 1967 NUTTING ENGINEERS OF FLORIDA INC. ESTABLISHED 1967 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing ~ CLIENT: PROJECT: LOCATION: Gator Engineering Services, Inc. Lot I5 Drainage Test NE comer of US I & NE 12th Ave. Boynton Beach, FL ORDER NO: REPORT NO: DATE: 7462.3 1 08/07/98 TEST: Usual Type Open Hole Exfiltration Test SURFACE ELEVATION: Approx. 6" above road crown CASING DIAMETER: 6" TUBE DEPTH: 6' Water table from ground surface Below 6' ONE MINUTE INCREMENT PUMPING RATE IN GAL/MIN LOCATION: Approx. 90' W & 70' S ofNE property comer 1 2 3 4 6 7 8 9 10 5.3 5.2 5.2 5.2 5.2 5.2 5.2 5.2 5.2 MATERIAL DESCRIPTION: 0-1 ' Gray quartz fine SAND l' -4.5' Lt. tan quartz fine SAND 4.5'-6' Brown quartz fine SAND K = 3.9 X 10 -4 cfs/ft2 ft. head GA TOR. me ~ RiCh~arth, P.E. #50858 1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33426 Boynton Beach (561) 736-4900. Pompano Beach (954) 941-8700 · Fax (561) 737-9975 November 16, 1998 Robert E. Fetrow Gator Engineering Services, Inc. 7289 Garden Road, Suite 104 West Palm Beach, FI. 33404 Re: Private Members Only Club ("Club") Dear Mr. Fetrow: This is in partial response to Michael Rumpf s letter to you dated September 11, 1998 regarding the Club. There will be no fimctional relationship between the Club and Showtime Lounge. The Club will be operated by one owner; Showtime LoWlge is and will continue to be operated by a different owner. There will be a six foot wall separating the two businesses. Admission to the Club will be membership only. (Showtime will be open to the public.) Access for the Club's delivery traffic will be on Showtime property in order to minimize affects on traffic and hazards on US 1. The operator of Showtime LOWlge will attest that there will be absolutely no expansion of adult entertainment at Showtime Lounge. Further, because Showtime Lounge operates on premises regulated by the Division of Alcohol Beverages and Tobacco, any links between the two premises are regulated by state law and therefore state law preempts the City from further regulating any links between the two premises. In any event, the wall at issue will be constructed solely on Club property and will have absolutely no connection with Showtime Lounge. In fact, it will serve as a physical and paItial visual barrier, further separating the two businesses. As noted above, the incidental use of the Showtime driveway for Club deliveries will in no way expand its nonconforming use. If anything, it will diminish any nonconforming use. Further, joint usage of the driveway will advance the City's interest in reducing traffic and hazards. Please call me if you have any further questions. Sincerely, (1,,~}~d/; tl- ~~MES K. GREEN M _ JKG/sI (SJgned in Mr. Green's absence to oxpedite delivery.) DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent l. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment September 11, 1998 Robert E. Fetrow Gator Engineering Services, Inc. 7289 Garden Road, Suite 104 West Palm Beach, Florida 33404 Re: Private Members Only Club Dear Robert Fetrow: Staffhas reviewed the petitions submitted to this office and entitled "Private Members Only Club", and have the following comments regarding the deficiencies and organization of the applications: 1) The applications should be combined into a single conditional use application (the site plan application and fee will be returned to you); 2) The application lacks a traffic study which is required for all site plan and conditional use applications; 3) The application lacks colored renderings showing the color codes and other details of materials for each different side or architectural feature of the building; 4) The application lacks a survey for the portion of the property located on the east side of U.S. 1. 5) The application lacks the Palm Beach County tax map used to show the location of the 400 foot boundary drawn around the site (which should be drawn around the parking lot portion of the site as consistent with comment # 1 above, and include the respective property owners); and 6) The application lacks a warrantee deed for the subject property, or a contract for sale if sales transaction is pending; 7) The application lacks postage required for mailing property owner notices; 8) The application lacks the unity of title document necessary to join the separate subject parcels through agreement so as to prevent any future separation of the two portions of the project; and 9) Lastly, I would suggest that you include in your application an explanation of the proposed use including the relationship with or distinction from the adjacent Showtime Lounge. You are currently showing access in the wall located between the Showtime Lounge and your subject property, and are not providing any direct vehicular access for at minimum, delivery traffic. If you are relying on the Showtime Lounge for support in this way we are potentially involving a legal nonconforming use which must remain unaltered, and according to our regulations, no additional structures or buildings shall be erected in connection with such nonconforming uses of land. Because of this limitation in our code (Chapter 2.zoning, Section 11.1. Nonconforming uses and structures), staff may recommend that this gate opening be eliminated to avoid any relationship with the adjacent nonconforming use. America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 Page 2 Robert E. Fetrow Gator Engineering Services, Inc. RE: Private Members Only Club Application Lastly, I should also state that the proposed use cannot have any functional relatinoship with the adjacent adult entertainment establishment, as this could constitute the unlawful expansion of a legally non- conforming use. At this time, your application is not reasonably complete, and cannot be processed until the deficiencies described herein are sufficiently addressed. If you feel this review is inaccurate, please contact me to point out where in the applications these items are located, or provide this office with an additional copy of the missing item. Please contact me should you have any questions or need assistance with correcting these deficiencies. Sincerely yours, j2'fc,O-- {e C<('Y 0'1.)/... (n" Sj-7r;~J.:)) Michael W. Rumpf Acting Director of Planning and Zoning MWR:bme cc: Bulent Kastarlak, Director of Development J :\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Private Members Only\Application deficiencies letter,doc LAW OFFICE OF BRUCE G. KALlGlTA, PA. 100 AU8TRALlAN AVBNUE SOUTH. SUITE 800 WEST PALM BEACH. I'L 81401 TELa (I8U 111-8170 .... FAX: (18U ..800810 ill ~@~UW~ ill DEe ., 11993 PLANNING AND ZONING DEPT. TO. December 1~ 1998 RUSH FACSIMILB COVER SRlST Mr. Michael Rumpf Actin9 Direotor, Oop4%tment of Planning and Zonin9 Department of Development 742-6259. BRUCE G. ~ITA, ESQ. PAX NO. rROMe RB I "Private Member. Only Club" NO. OF PAGUS, ~ inoluding oover .heet Pleal. forward the attaohed information immediately to the individual noted above. If this tran.mi..ion i. defeotive, ple... ~otify U8 at the above number and we will re-tran.mit the documents. If there are any que.tiona, ple..e call. NOTICII THB INFORMATION CONl'AINBD HURBIN IS CONPXDBNTIAL AND SUBJEC'1' 'l'0 THE AT'rORllBY CLIENT PRIVILEGE AND TaB WORR PRODUCT PRIVILEGI. It i. in~.nd.d only for the u.e of the individual or entity to whom it 1. speoifically adelr....d. If you are not the intended reoipient, or an avent de.i9nat.d to deliver it to the recipient, you are hereby notifi.d that your review, u.e or dis.emination of this matter i. prohibited. If you have received this facsimile in .rror, plea.. notify UI by telephone and return the matter to U8 by United Stat.. Kail and we will r.1~ur.. you for your coat.. Additional M....9... !JUSlNBSS. UTIOATlON AND LAND DBVILOPMBNT lAW LAW omes Of' Baua: G. K.umA, P.A. SOO AVSTRALlAN AYINt1B IOUTN CLEAR1.AXB PLAZA. SUI'ra 600 WBST PALM IBACH. Pl.OJuDA 3MOI OffICB (551) 655-\1270 PAX ('61) 659.0850 @~~~~ DEe :.tI8B ~ Deoember 7, 1998 ... BY FACSIMILE TRANSMISSION ... ... omOINAL TO FOLLOW BY V.S. MAIL ... Mr. Miohael Rumpf Actin; Direotor, Department of Planning ana Zoning Dep&rt~nt of Development 100 I..t Boynton Beaoh Blvd. Boynton Beach, Florida 33425-0310 R.. "Private Member. Only Club" Dear Mr. Rumpf. The unaer.igned law fira i. en;a;ed a. a aonaultant. by Jam.. Gr.en, a.quire, P.A., for lonini and regulatory i..uI. in general, inoluding tho.e pertaining to the .Private Member. Only Club", propo..d by Mr. Or.en'. alient for a .ite in the City of Boynton Beaoh (referred to herein aa the "Principal Site"}. At Mr. Gr..n'. J:equeat, we explored preliminarily with youI:' aeeiatant, Dan De Carlo, a concern of mine ari.ing from the city's reque.t for a Unity of Title to link the Prinoipal ait. for this u.e with the lot upon whioh acme of the required parkin; for thia u.. shall be looated (referred to her.in a. the "Sub.idiary Site") . We have the City'. for.m for thia Unity of Title, and this letter reque.t. approval by your offioe of a slight modification to the Unity of Title form, to addre.. c.~tain title oonaerna arising from its u... w. obaerved that the City'. Unity of !itle form lacka a mean. for r.lea.e of the Unity of Title, if the u.. of the prinoipal Site ohang.., at aome future point, to a u.e whoae parkin9 requirements no lon9.~ require linkage of that .ite with the Subsidiary Site, B.oau.e the Unity of Title will appear in the chain of title to both lot., it i. a re.triction on future u... Should the Principal Sit.'. u.e change at 80me future point to one not requiring the parking furnished on the Sublidiary Site, the Unity of Title would prevent any reasonable U.8 of the Subsidiary Si~., unl.aa it were Mr. Michael Rumpf Aoting Directo~, Department of ilanning and Zoning Department of Development December 7, 19ge Page Two oap.ble of being released from the Unity of Title upon a proper showing, none of which i. provided for in the ourrent fo~. Therefor., a olaus. permitting r.l.... of the two lots from the Unity of Title is needed, since the linkage of the two .it.. by Unity of Titl. i. not intended to b. perp.tu.l, but only for so long a. it as.ure. ne.ded parking und.r the Boynton Beaoh Cod. to the frino1pal Site. To require linkage of title for long.r than this would be to impo.e a ban on re..onable u.e of the Subsidiary Site, whioh would not b. ~.a.onabl. if the Prinoipal Sit. 0..... to be u..d for au.. whioh requir.s the parking on the Subsidiary Site. It has been our experienoe that the Palm Beach County Department of Planning, Building and lonin; will p.rmit u.e of a procedure whereby a Unity of Title, impos.d by oondition of approval on . land u.. in order to link two lots, . prinoipal and a aubsidiary lot, together for the duration of the u.e permitted by the approval, may b. r.le...d in the future. 'l'he standard aotion taken i. to utilize a Unity of Titl. that inolud.a a right of r.1e... by the City, if the Exeoutiv. Direotor, or hi. de.ignee, determine. at a future point that the u.. of the principal lot hal ohanged, .uch that it no longer require. the Unity of Title linking it to the eubsidiary .lte. Therefor., I oonferred with Dan necarlo, one of your planner. and a friend of mine from churoh, and propo..d that I lubmlt a revi.ed Unity of ~itle which oontaina propo..d language to aooompli.h this as to the "private olub" sit.. Mr. DeCarlo .ugge.t.d that I draft the propos.d unity of Title with the r.l.... language and submit it to you for oonaid.ration. Therefore, enolo.ed pl.a.e find a slight rewrite of your unity of Title .tandard form, providing for a right of r.l...., upon lubmittal of evidenoe to the Direotor of the City of Boynton aeaoh Department of Planning and Zoning, or hi. .uoo...or in int.~..t, that the principal lite .hall no longer be utiliz.d for a u.e whioh it.elf require. the eatellite parking furni.hed on the subsidiary site, under the Land D.velopment Codes of the City of Boynton Beaoh. . The languaq. to be add.d il underlined in the form. Pleas. indioate to me whether the form i. acoeptable a. r.vi.ed. If it is, I would appr.ciate the placement of it upon the .ame City letterhead .. i. u.ed in the original, and return of one to us tor Mr. Miohael Rumpf Aoting Direotor, Department of Planning ond zoning Department of Development Deoember 7, 1~98 Paq8 Three exeoution and 8ubmittal to the City. I look forward to hearing from you. A. alway., I look forward to working with you in the future. UNIT!' OF TXTLB In ooneideration of the i..uano. of a permit to for the construction of in the City of Boynton Beaoh, t.he Under.19n.a hereby agre.. to re.triot tn. u.. of Lot(.) ____, Block(.) , SUbdivl.ion(.) , or property being otherwi.. d..orio.d by mete. and bound. addre...d a. follow.. , in the followinv manner. 1. Said properti.. Bhall be conaidered a. one plot or parc.l of land, and that no portion of .aid plot and parcel of land shall be aold, tran8ferred, devi.ed, or a..igned separately, exoept in ita entirety.. one plot or parcel of land. 2. The Under.igned further agree. th.t this oondi tion, r..triotion and limitation ahall be deemed a oovenant running with the land, and .h.ll remain iD full foroe .nd effect, and be binding upon the und.rsigned, their heirs and a..ig-ne. R.l.... of this Unity of Title mU8t be approved by the administrative head of the Boynton Beach Ilepart...nt of Ilevdo_nt, and ratUi~_ tha City ~i~~~;~~~i~~a1 3. The Under.igned further .9r... to record this instrument in the Public aecords at hi. (her) expen... Signed, .ealed, executed .nd acknowl.dqed on this ~, 19 , at Boynton Beaoh, Florida. day of _ Owne~J Witn.s,e. (1.) STA'r1 OJ' FLORIDA, COUNTY OF PALM SBACH The foregoing instrument was aoknowledged before .e this (elate) by , who 1. personally known to IRe or who produced (type of identification) al identIfication and who (did) (did not) take an oath. SB~ Signature of per.on taking aoknowl.dqment. ~.. ) LAW OFFICE OF BaUOE o. KALBITA, P.A. 100 AUSTRALIAN AVBNUB SOUTH, SUITE 800 WBST PALM BEAOH, FL 88401 TEL' (661) 851-"'70 ... Jl'AXa (111) "8-0810 FAX NO. FROM a Oeoember 7, 1998 RUSH rACSIMI~! COVlR SalIT Mr. Michael Rumpf Acting Direotor, Department of Planning and Zoning Department of Development 742-6259. BRUCB G. KALEITA, ISQ. TO. RB' "Private Member, Only Club" NO. OF PAGBS, ~ inoluding oover oheet Ple.a. forward the attaohed information immedla~ely to the individual noted above. If thi, tran.mi..ion i. def.otive, pl.... notify U8 at the above number and we will re~tran.nit the dooument.. If there are any qua.tion., plea.. call. NOTICI. 'rUE :mFORMA'l'ION CONTAINED BHRIIN IS CONFXDENTIAL MD SUBJIC'r TO 'rUB ATTORNBY CLIENT PRIVILEGE AND THB WOR!( PRODUCT PRIVILBGI. It i. intended only for the u.. of tbe individual or entity to whom it i. apeaifioally adar....d. If you are not the intended recipient, or an agent d..i9nated to deliver it to the reoipient, you are hereby notified that your review, u.e or d1..emination of thi. matter i. prohibited. Xf you have reoeived thie faoeimile in error, plea.e notify UI by telephone and return the matter to u. by United states Mail and we will reimburse you for your co.t.. A~d~tiQnal M"'.9.'. ---...------------------------- - DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent I. Kastarlak, NCARB Director Building Planning & Zoning EngiMering Occupational License Community Redevelopment November 25, 1998 Robert E. Fetrow Gator Engineering Services, Inc. 7289 Garden Road, Suite 104 West Palm Beach, Florida 33404 Re: Private Members Only Club Revised application submitted November 24, 1998 Completeness Review Dear Robert Fetrow: Staff has reviewed the revised petitions submitted to this office and entitled "Private Members Only Club", and have the following requirements regarding the deficiencies and organization of the applications: 1) Revise application data to reflect both portions of project (e.g. built portion and parking site); 2) Provide survey for built portion which is not older than six (6) months (the survey submitted is dated July 6, 1996; as stated in the application, surveys must be sealed by a surveyor registered in the State of Florida, and not older than six (6) months); 3) Submit a traffic impact analysis for the proposed project; 4) Submit colored photographs of the surrounding buildings (Item 29.e within the application); 5) Identify existing and rear setbacks to determine possible necessity for variance application if non- conforming (C-4 Zoning District currently requires 25 feet front, 15 feet side and 20 feet rear setbacks); 6) Postage for 117 envelopes/property owners (staff added the three labels determined to be missing). At this time, your application remains incomplete, and cannot be processed until the deficiencies described herein are sufficiently addressed. If you feel this review is inaccurate, please contact me to point out where in the applications these items are located, or provide this office with an additional copy of the missing item. Please contact me should you have any questions or need assistance with correcting these deficiencies. Sincerely yours, ~~-rpV Michael W. Rumpf Acting Planning and Zoning Manager MWR:bme CC: Bulent Kastarlak, Director of Development J:\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Private Members Only\Application resubmittal deficiencies.doc America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 PI"DER TROUTH"., COHSULTIHQ. I"c. men::; ;~J' II~~ I PlM.)trfJG MH5~"J J L ZON:t{GrDE~l a _t 2324 South Congress Avenue, Suite 1 H West Palm Beach, Fl 33406 (561) 434-1644 Fax 434-1663 Email ;pindertroutman@msn.com Transportation Planners and Engineers December 3,1998 Mr. AI Federico, P.E. Palm Beach County Traffic Division 160 Australian Avenue Su ite 303 West Palm Beach, FL 33406 RE: Boynton Private Club - #PTC98-58 Dear Mr. Federico: Pinder Troutman Consulting loe. has been retained to prepare a traffic analysis for the proposed redevelopment of an existing 4,066 SF building and converting it into a Private Club with an additional 167 SF for a pool house. Total building area at completion will be 4253 Sf. The existing facility is located on the west side of Federal Highway (US 1) between Martin Luther King Boulevard and NE 121ft Avenue in the City of Boynton Beadl. The site, although currently vacant, was occupied within the last two years. Therefore, it is considered an existing use for purposes of calculating Project Traffic and determining compliance with Artide 15-Traffic Performance Standards of the Palm Beach County UlOC. Information provided to this office is that the buildings most recently contained an electric supply and a welding business of which 2746 SF was a general office use and 1320 SF was a warehouse use. For traffic analysis, General Office and Warehouse trip generation rates will be applied to the existing uses and the trip generation for the proposed use will be calculated based on 2/5 of the Quality Restaurant rate. Daily, AM peak hour and PM peak hour trip generation for the existing uses and the proposed use are shown on Attachment 1. The proposed use generates 85 more daily and 7 more PM peak hour trips than the existing uses. Therefore, a Test 1 and a Test 2 analysis are required. The 85 additional daily trips requires an analysis of the directJy accessed link for both Test 1 and Test 2. The directly accessed link of Federal Highway had a 1997 MDT of 18,363 and a yearly historic growth rate of 0.78% compounded. Assuming the project will be completed prior to the end of 1999 the estimated MDT on this link of Federal Highway will be 18,736 including the 85 net new project trips. This projected volume is well below the adopted service volume of 31,100 daily trips and also below the adopted peak hour service volume for LOS "0". The Test 1 standards are met. This link of Federal Highway is not a Test 2 deficiency. This project meets all the requirements of Artide 15 of the UlDC. Please provide a letter to Mr. Michael Rumpf at the Oty of Boynton Beach indicating that the project meets the requirements of Artide 15.Traffic Performance Standards of the UlDC and should receive a certificate of cona.mency. If you have any questions do not hesitate to contact me. I look forward to receiving your letter of concurrency for tf:Us project. "....:- ~...... . .. ~ R .~,.. 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"""" - ~ g ~ i121 ! -i g ] .5 .~ J .g ~ .~ ~ ! .... f ! co ... = ~ '0 i jji .. .. 6- ~ ~ '0 .Sl ~ ~ E a B i ~~".......,.,,,,__ , "no~c:;9fl , J!Jj BUSINESS, LITI~ATio~'~~~IG ' . t:L'~~i~ LAND DE ~ !JfPT. LAW OFFICE OF BRUCE G. KALEITA, P.A. 500 AUSTRALIAN AVENUE SOUTH CLEARLAKE PLAZA, SUITE 600 WEST PALM BEACH, FLORIDA 33401 OFFICE (561) 655-9270 FAX (561) 659-0850 GOVERNMENTAL, ADMINISTRATIVE, ZONING AND LAND USE LAW December 7, 1998 "''''''' BY FACSIMILE TRANSMISSION ..'" "''''''' ORIGINAL TO FOLLOW BY U.S. MAIL "'.. Mr. Michael Rumpf Acting Director, Department of Planning and Zoning Department of Development 100 East Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 Re: "Private Members Only Club" Dear Mr. Rumpf: The undersigned law firm is engaged as a consultant by James Green, Esquire, P.A., for zoning and regulatory issues in general, including those pertaining to the "Private Members Only Club", proposed by Mr. Green's client for a site in the City of Boynton Beach (referred to herein as the "Principal Site"). At Mr. Green's request, we explored preliminarily with your assistant, Dan De Carlo, a concern of mine arising from the City's request for a Unity of Title to link the Principal site for this use with the lot upon which some of the required parking for this use shall be located (referred to herein as the "Subsidiary Site") . We have the City's form for this Unity of Title, and this letter requests approval by your office of a slight modification to the Unity of Title form, to address certain title concerns arising from its use. We observed that the City's Unity of Title form lacks a means for release of the Unity of Title, if the use of the Principal Site changes, at some future point, to a use whose parking requirements no longer require linkage of that site with the Subsidiary Site. Because the Unity of Title will appear in the chain of title to both lots, it is a restriction on future use. Should the Principal Site's use change at some future point to one not requiring the parking furnished on the Subsidiary Site, the Unity of Title would prevent any reasonable use of the Subsidiary Site, unless it were Mr. Michael Rumpf Acting Director, Department of Planning and Zoning Department of Development December 7, 1998 Page Two capable of being released from the unity of Title upon a proper showing, none of which is provided for in the current form. Therefore, a clause permitting release of the two lots from the Unity of Title is needed, since the linkage of the two sites by Unity of Title is not intended to be perpetual, but only for so long as it assures needed parking under the Boynton Beach Code to the Principal Site. To require linkage of title for longer than this would be to impose a ban on reasonable use of the Subsidiary Site, which would not be reasonable if the Principal Site ceases to be used for a use which requires the parking on the Subsidiary site. It has been our experience that the Palm Beach County Department of Planning, Building and Zoning will permit use of a procedure whereby a Unity of Title, imposed by condition of approval on a land use in order to link two lots, a principal and a subsidiary lot, together for the duration of the use permitted by the approval, may be released in the future. The standard action taken is to utilize a Unity of Title that includes a right of release by the City, if the Executive Director, or his designee, determines at a future point that the use of the principal lot has changed, such that it no longer requires the Unity of Title linking it to the subsidiary site. Therefore, I conferred with Dan DeCarlo, one of your planners and a friend of mine from church, and proposed that I submit a revised Unity of Title which contains proposed language to accomplish this as to the "private club" site. Mr. DeCarlo suggested that I draft the proposed Unity of Title with the release language and submit it to you for consideration. Therefore, enclosed please find a slight rewrite of your Unity of Title standard form, providing for a right of release, upon submittal of evidence to the Director of the City of Boynton Beach Department of Planning and Zoning, or his successor in interest, that the principal site shall no longer be utilized for a use which itself requires the satellite parking furnished on the subsidiary site, under the Land Development Codes of the City of Boynton Beach. The language to be added is underlined in the form. Please indicate to me whether the form is acceptable as revised. If it is, I would appreciate the placement of it upon the same City letterhead as is used in the original, and return of one to us for Mr. Michael Rumpf Acting Director, Department of Planning and zoning Department of Development December 7, 1998 Page Three execution and submittal to the city. I look forward to hearing from you. As always, I look forward to working with you in the future. ----_._---~_..._--_._._~--~-- ------_._---~_._.~---- -~.._--- UNITY OF TITLE In consideration of the issuance of a permit to for the construction of in the City of Boynton Beach, the Undersigned hereby agrees to restrict the use of Lot(s) ____, Block(s) , Subdivision(s) , or property being otherwise described by metes and bounds addressed as follows: , in the following manner: 1. Said properties shall be considered as one plot or parcel of land, and that no portion of said plot and parcel of land shall be sold, transferred, devised, or assigned separately, except in its entirety as one plot or parcel of land. 2. The Undersigned further agrees that this condition, restriction and limitation shall be deemed a covenant running with the land, and shall remain in full force and effect, and be binding upon the undersigned, their heirs and assigns. Release of this unity of Title must be approved by the administrative head of the Boynton Beach Department of Development, and ratified by the City Commission, upon a determination by said parties that the linkage of the titles of the two properties is no lonqer required in order for the use of the properties to complY wi th the Code of Ordinances of the City of Boynton Beach. 3. The Undersigned further agrees to record this instrument in the Public Records at his (her) expense. Signed, sealed, executed and acknowledged on this , 19 , at Boynton Beach, Florida. day of _ Owners witnesses (2) STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before (date) by , who is to me or who produced identification) as identification and who oath. me this personally known (type of (did) (did not) take an SEAL Signature of person taking acknowledgment. From: Sent: To: Cc: Subject: Lamanna, Rosemarie Thursday, December 10, 19983:34 PM Rumpf, Michael Cherof, James Private Members Only Club Jim reviewed the documentation you provided us and said the re-write is okay. If you need anything further, please advise. Department of Engineering and Public Works P.O. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.co.patm-beach.fl.us . Palm Beach County Board of County Commissioners Maude Ford Lee, Chair Warren H. Newell. Vice Chairman Karen T. Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Masilotti County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper December 9, 1998 ~~-- Jwf rOO) ..fJfTiTiT-,;:.::^,.,;..., I I .. ". 5" n j J I L,' d '1(' " , L' DEe, I 1998,' iJJi I --...,.,.----..-.",.,_. l I' "''''.f.'l..';",-:,,~ P';"i"'''''S'1<:i) J " ~""'I '~';U't ~;, '-!l\i..,. ,~--- l'-"'jH'" !,!:DT. -------....-..~~-..:.. - Mr. Michael Rumpf City of Boynton Beach Planning and Zoning Department 100 East Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 RE: BOYNTON PRIVATE CLUB TRAFFIC PERFORMANCE STANDARDS REVIEW Mr. Rumpf: The Pahn Beach County Traffic Division has reviewed the traffic study for the project entitled Bovnton Private Club pursuant to the Traffic Performance Standards in Article 15 of the Palm Beach County Land Development Code. The project is summarized as follows: Location: Municipality: Existing Use: Proposed Use: Trip Rate: Federal Highway, south of Gateway Boulevard Boynton Beach Electrical Supply (4,066 sf) Private Club (4,253 sf) 38.6 trips per 1,000 sf This rate was established based on the assumption that a private club will generate 40% of the traffic of a quality restaurant. New Trips: Buildout: 85 trips per day 1999 Based on our review the Traffic Division has determined that the project meets the Traffic Performance Standards of Pahn Beach County. If you have any questions regarding this review, please contact me at 684-4030. Sincerely, OFFICE OF THE COUNTY ENGINEER ~ Senior Traffic Engineer cc: Andrea Troutman, P.E. . Pinder Troutman Consulting, Inc. File: General. TPS - Mun ' Traffic Study Review h:\traffic\apf\tps\98057app.wpd - TAZ 505 P/~.( .;{~..t1~ ~ (/tr:55i.t;:~). 117fct<S<C r~"icw (J "~) .1<- C~ /' 1'e- / ~ r / r-:.--fr Ci-G-. IA<;-c'. fe. sf:; tf &- n:! . (Cd t<::'~ d1-<O"__C~._J ~ CC"'r--{;rV11 Rf b.~ F{r,,"l~A~ c:l....r~ U'0gc:-< <::'---ff l c. ,.'- y"(-s,. c.H.ld^.e.'v5 C-~f c'" co""...J...,I"-"-+ . - 113 - C(};, " l(j- - 2 f - .zo - 0 i 0 - 00 't 0 - og ~.l.fS.-tfS -L';~Jo' (')1:::::>,- ()c.'<?D A [nl2-.- - O'O~-l(.>. Y)'-21.- 32'- 00;; .. )1'1 '-') 1"0 r <~ .- ~~G-~ I I] ,,- /(/~_.- I n.,r^s~ /{ t/c f-~. -1--. )c,s;. C2- ~' h111>C-~ ~.l?~ -r l-\2 ~ \-o~vJ''') \) ~v\+-=> l~",,''''l>I\o.J ~ ~.....c>€- c~~b..-r'c>u ~~ '. ~l>-\,,~ \~dlG 0d'J"~6'O ~.A. d.e'1\\Jb.,-,4~vA</f"'-' 4 ~-,? \Jt~ 1 ~1J<A1\otJA,- ~ ~(?~.,;. ~e- ~~\4 lrr ~ \J~~p...V\/~~ ~ ~ze ~t-J --W~ c..~{?7 '\P 't-r~ Q. \J\\bZt. \) ~ e..eP -Co 'y(>JOu ~1 ~ ~<YfP1:;; / \. ~ ~ ~ ~'--'-' UJc9 ~.J e( \ " 8 \:'f\~ j.)r ~C D. ~~~uG ~ ~\&J ~&~&J gJr\~~D --------------. - .. "------------- DEP ARTMENT OF DEVELOPMENT Division of Planning and Zoning Bulent J. Kastarlak, NCARB Director Building Planning & Zoning Engineering Occupational License Community Redevelopment September 11, 1998 Robert E. Fetrow Gator Engineering Services, Inc. 7289 Garden Road, Suite 104 West Palm Beach, Florida 33404 Re: Private Members Only Club Dear Robert Fetrow: Staff has reviewed the petitions submitted to this office and entitled "Private Members Only Club", and have the following comments regarding the deficiencies and organization of the applications: 1) The applications should be combined into a single conditional use application (the site plan application and fee will be returned to you); 2) The application lacks a traffic study which is required for all site plan and conditional use applications; . 3) The application lacks colored renderings showing the color codes and other details of materials for each different side or architectural feature of the building; 4) The application lacks a survey for the portion of the property located on the east side of U.S. 1. 5) The application lacks the Palm Beach County tax map used to show the location of the 400 foot boundary drawn around the site (which should be drawn around the parking lot portion of the site as consistent with comment #1 above, and include the respective property owners); and 6) The application lacks a warrantee deed for the subject property, or a contract for sale if sales transaction is pending; 7) The application lacks postage required for mailing property owner notices; 8) The application lacks the unity of title document necessary to join the separate subject parcels through agreement so as to prevent any future separation of the two portions of the project; and 9) Lastly, I would suggest that you include in your application an explanation of the proposed use including the relationship with or distinction from the adjacent Showtime Lounge. You are currently showing access in the wall located between the Showtime Lounge and your subject property, and are not providing any direct vehicular access for at minimum, delivery traffic. If you are relying on the Showtime Lounge for support in this way we are potentially involving a legal nonconforming use which must remain unaltered, and according to our regulations, no additional structures or buildings shall be erected in connection with such nonconforming uses of land. Because of this limitation in our code (Chapter 2.Zoning, Section 11.1. Nonconforming uses and structures), staff may recommend that this gate opening be eliminated to avoid any relationship with the adjacent nonconforming use. America's Gateway to the Gulfstream 100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 Page 2 Robert E. Fetrow Gator Engineering Services, Inc. RE: Private Members Only Club Application Lastly, I should also state that the proposed use cannot have any functional relatinoship with the adjacent adult entertainment establishment, as this could constitute the unlawful expansion of a legally non- conforming use. At this time, your application is not reasonably complete, and cannot be processed until the deficiencies described herein are sufficiently addressed. If you feel this review is inaccurate, please contact me to point out where in the applications these items are located, or provide this office with an additional copy of the missing item. Please contact me should you have any questions or need assistance with correcting these deficiencies. Sincerely yours, -fvL/.C: ~ Michael W. Rumpf Acting Director of Planning and Zoning MWR:bme cc: Bulent Kastarlak, Director of Development J :\SHRDA T A\Planning\SHARED\ WP\PROJECTS\Private Members Only\Application deficiencies letter-doc