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LEGAL APPROVAL u...-J ORDINANCE NO. 01-.:::19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 2, "ZONING", SECTION 11.2, "CONDITIONAL USES" CREATING PARAGRAPH 13, TO PROVIDE THAT APPLICATIONS FOR NIGHTCLUBS, BARS, AND OTHER SIMILAR ESTABLISHMENTS SHALL INCLUDE ACOUSTIC SOUND ANAL YSIS TO DEMONSTRATE THAT SOUNTI SHALL NOT ESCAPE ESTABLISHMENTS; PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. .-=:-~-'-~ ~~-:;; -::- , ~ l I ~.. . . . . - , ~ U J j;:;_.....;...... -..-", :.-..,..~.- Uu j F EB - 9 l ~ )~~ J~ j .. __....1 '---..-.- WHEREAS, staff has recommended an amendment to the Conditional Uses section of the City's Code of Ordinances to ensure that sound emitting from nightclubs, bars and similar establishments would not interfere with quiet enjoyment of adjacent property owners; \VHEREAS, upon recommendation of staff, the City Commission of the City of Boynton -Beach has deemed it to be in the best interests of the citizens and residents of the City of Boynton Beach to amend the Conditional Uses section of the Code to provide that all conditional use applications for nightclubs, bars and similar establishments shall provide acoustic sound analysis to ensure compliance with City's Acoustic Code, Part II, Chapter 15, section 15-8.8 and performance standards established under Part III, Chapter 2, Zoning, section 4 (N). NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing whereas clauses are true and correct and are now ratified and confinned by the City Commission. Section 2. Creating paragraph 13, Chapter 2, amending the Conditional Uses section of the Code, in underline type as follows: 13. REQUIRED ANALYSIS All conditional use applications for bars. nightclubs and similar establishments shall include the following analvsis: A. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. B. The analysis shall specify the authority and/or basis for determination of the acoustic level orthe sound emitting devices/equipment. ~..,.." .,...,- C. The analysis of any sound retention. reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound- ret1ecting materials to be used, coatings of the surfaces of ceilings, walls. windows. and floors' and insulation to be used. D. It shall also verify that sound standards shall be met during the normal openimr of doors for people entering and exiting the establishment. Section 3. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 4. Authority is hereby given to codify this Ordinance. Section 5. This Ordinance shall become effective immediately. FIRST READING this ~ day of January, 2001. SECOND, FINAL READING AND PASSAGE this ~ day of Pe$" e ,2001. Z:~LO~A . /~ , --- -;" ~ // &a~) "~'~/_//" . '/~' '...- ./ - - ..?/ - _ .r ~r.:.--/. " <--~?"/ '- /v~3U- Co . ssioner --.. ~~S- Ch::- €_ ~ ~ommissioner ' ATTEST: ~~~~~ Ci Clerk s:ca\ord\Acousti~ ~~~ t!>H1il1:lJ1l:e 120600 ,,\ {"711}/ ~.., "00' N.,. /~ .' ('. 0 'l. ::c:: ::)' ,'~_::?O."" "V ~ >:.~ A ...r\.)1\ ^,,-r.. ~ ,. ...~ /..:.::..V . !..).~" '~-::::. ~ ........ :...~ (','\ \. :;:: ~ ..- : c: l' -:: -=:0: :(")= -. ..- %. \. 1 O?O /:J: ~ ~ ..... v ~_ .... .$" ~... J::. ........... ~ .~/ .( ORIO p.. \~' //1, \\\'\ . !/JI!/fl!\I\\\\ AMENDED DEVELOF-- ..,ENT ORDER OF THE CITY COML.3SION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: THE GRAND (A.K.A OZONE/ORBIT) APPLICANT'S AGENT: Cal 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 MA TIER 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 MA TIER came on to be heard before the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the relief sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant L- HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby L- GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. DATED: -4 -fc -01 \\ \ \ \\\111/1/1///1. ~"~p.C H ../~ ~"~ " ~ l~/~(j) ~~% == I- f~ ~ \ ~ ~ :: Z :0 ~ : 0 :: - ,.. ~Q." '"".- ~ 0 ~o... .../'~: it ~ -;, ~ ';:9"" ~ ~...- ~ ~.1 -:S" 1'/1/1. " .L I 0 \\~ 1'////1" II n\ \\\\'\ 7. Other J '.SHRDATAIPlann,ngISHAREDIWPIPROJECTS\The Grand aka O:cr~'CC ..3.. DEPARTMENT OF DEVELOPMENT Division of Planning and Zoning October 23, 2000 Buildin, PI'lnnlng " Zonin, En,lnurin, (keupatiQn,,' Lie~lIse I Community Redevtlopm1" Cal Brockdorff 5520 Pennington Avenue Baltimore, MD 21226 Re: File 1\0: Location: The Grand aka Ozone COUS 00-005 3637 S. Federal Highway-Gulfstream Mall Dear Mr. Brockdorff: .~ Enclosed is the City of BOyTIton Beach Development Order for conditional use approval:granted on October 17,2000, Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260. Sincerely, ~()c Michael W. Rumpf Director of Planning & Zoning MWRlnI J ISHRDA T A\Planninl\SHARED\ WI" PROJECTSIThe Orand alt. Ozone\De'eicpmen' Order leller coe America's Gateway to ti,e GII/ffJream 100 EUI Boynlon Beach Blvd., P.O. Bo. 310 Bo~'n'on Beach, t'lorlda 330125.0310 Phone: (561l37~-6260 FAX: (501)375-6259 ;"-,, c"'" '. DEVELOPMf r ORDER OF THE CITY COMMI.C'~.ON OF THE CII" OF BOYNTON BEACH, FLORt~.<\ PROJECT NAME: THE GRAND (A.K.A OZONE) APPLICANT'S AGENT: Cal Brockdorff APPLICANT'S ADDRESS: 5520 Pennington Avenue, Baltimore, MD 21226 ~--- -==--- _ .. DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: Oelober 1 !m~~ IE ~.. .fiJ7 TYPE OF RELIEF SOUGHT: Conditional Use i JL ref 2 0 3lII : I.!!JI LOCATION OF PROPERTY: 3637 S. Federal Highway, Boynton Beach, Florid~ 33435 PL?~~(~!~JGJND .J ' '~-...- Z'..h"'i.u utPT. j _1 DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. 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: 1. Application for the relief sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant L- HAS HAS NOT established by substantial competent evidence a basis for the relief requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included". 4. The Applicant's application for relief is hereby L- GRANTED subject to the conditions referenced in paragraph 3 hereof. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 10-/).0-00 ~\\\\\"II"IJ"'ll ~~'\ crfV O,c:-:fl/~ $' \9~ ~ .......- INca'" 0 ~ ~ ~.:L~ :."I-J,. \~S = r- : c.Q o} -I = ~ 0 ~ ~ ~: 0 :: ~ -;sl \... 0 At; ~ ~ .::::, -A O~. ^" ;::: ~ V' h"V ~ ;.-: -.I." ~ ~ LlO"i ~ ~/I/, p ~\\" :fllllllllll\\\\\\'\ 7. Other DATED: J:\SHRDATA\Planning\SHAREDlWPIPROJECTS\The Grand aka Ozone\CC 10- .' ""'" EXHIBIT "C" Conditions of Awroval ~". '.. Project name: The Grand (a.k.a. OZONE) File number: COUS 00-005 Reference: 151 review plans identified as Conditional Use Site Plan. File # COUS 00-005 with a September 14, .., " . ! .000 PlanninlZ anciZoninl! Denartment date stamp markinlZ. ,..- , ~ART~S 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 water 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, describe 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 existing fire lane. .. Page 2 of3 The Grand (a.k.a. OZONE) co US 00-005 DEP ARTMENTS INCLUDE REJECT 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 time 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. Working drawings of the building shall comply with the codes specified in Chapter 20 of the Land Development Regulations. 10. Compliance 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 fees, County fees and State fees will be determined at time of permit review. 11. Permits are required to construct the improvements that are proposed for the X tenant space. Permit application forms are available in the Building Division of the Development department. A permit submitted checklist is available in the Building Division. The list identifies the basic documents that the Plan Review AnalystlPermit Application Technician checks for when an applicant submits for permit review. PARKS AND RECREATION Comments: NONE X FORESTER/ENVIRONMENT ALIST Comments: NONE X PLANNING AND ZONING Comments: 12. Building fayade (front and west side walls) must be painted in colors X compatible with the established color scheme for the shopping center. Provide proposed color chips for staff review prior to project completion. (Ch.9 Sec. 11) 13. Tenant wall sign must be in conformance with Chapter 21 - Signs and be X ; - ....":- " Page 3 of3 The Grand (a.k.a. OZONE) COUS 00-005 DEP ARTMENTS INCLUDE REJECT consistent with site signage for the shopping center. A separate sign permit is required for the wall sign. 14. All 440 parking spaces in the shopping center should be properly striped. X Restripe the remaining 59 spaces. (Ch. 23, Art.!L L.) ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS 15. The building shall be designed with soundproofing measures including, at a X minimum, 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 sounds 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 identification. 16. On-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 require a new conditional use request and approval. Expansions to provide for service of food only are excluded from this condition. ADDITIONAL CITY COMMISSION CONDITIONS 18. For 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. Following the first six (6) months of operation the operator shall meet no less X than monthly with Policy Department representatives to consult with the Police Department to determine and maintain adequate levels of security for all shows and performances. MWR/dim J:ISHRDATAIPLANNINGISHAREOIWPIPROJECTSITHE GRAND AKA OZONE\1 0-17-00 CC CONDITIONS OF APPROVAl.DOC Meeting Minutes Regular City Commission Boynton Beach, Florida ~( ;J14IIfc~ ~. 7)% €,RAtJ b I ~~1J, October 4, 2000 the height issue be addressed. 2. Proposed Ordinance N1J1JWlilt Re: Amending Chapter 26 entitled "Water, Sewer .and City Utilities", amending Section 26- 8.1 to provide for commencement date for utility services billing cycle, and to provide a definition of base facility charge; amending Section 26-9, Schedule II (B) to provide billing formula for multi- family buildings in which several dwelling units are serviced by one meter; by amending Section 26-406 to provide billing formula for the "Fee in-lieu of" capital contribution for properties redeveloping within the downtown stormwater improvement watershed Attorney Cherof read Proposed Ordinance No. 000-54 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-54. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 3. Proposed Ordinance No. 000-55 Re: Amending Development Regulations to include nightclubs Land Attorney Cherof read Proposed Ordinance No. 000-55 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-55. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 4. Proposed Ordinance No. 000-56 Re: Approving the abandonment of a portion of East Railroad Avenue between SE 10th Avenue and SE 8th Avenue Attorney Cherof read Proposed Ordinance No. 000-56 by title only. Motion Commissioner Black moved to approve Proposed Ordnance No. 000-56. Commissioner Fisher seconded the motion. City Clerk Sue Kruse polled the vote. The vote was unanimous. 19 Meeting Minutes Regular City Commission Boynton Beach, Florida October 4, 2000 issuance of Notices of Intent by the Commission to study and possibly change Land Development Regulations On issuance of a Notice of Intent, applications for development permits inconsistent with the change under study will not be accepted. Attorney Cherof read Proposed Ordinance No~3 by title only. Commissioner Fisher said he would like to extend this to the City line instead of ending at the Canal. Attorney Cherof stated this is merely the implementing ordinance and discussion should be held over until reading of the Resolution. Mayor Broening announced the Public Hearing. Since no one wished to speak, Mayor Broening called for a motion. Motion Commissioner Black moved to approve Ordinance 000-53. Motion seconded by Commissioner Fisher. City Clerk Sue Kruse polled the vote. The vote was unanimous. B. Ordinances - 1st Reading 1. Proposed Ordinance No. 000-52 Re: Amending Chapter 2 of the Land Development Regulations, Section 7, Planned Industrial Development Districts, to allow mixed use pods of commercial, retail, multi-family residential and office/professional use in Planned Industrial Development Districts, providing for design guidelines, providing submission requirements, providing procedures for review (TABLED ON 9/.19/00) Attorney Cherof read Proposed Ordinance No. 000-52 by title only. Motion Commissioner Fisher moved to remove 000-52 from the table. Motion seconded by Commissioner Black. City Clerk Sue Kruse polled the vote. The vote was 4-0. (Wee Mayor Weiland had left the dais.) Commissioner Fisher asked staff if this was the Final version. Mr. Rumpf confirmed this was the Final version and it does contain most of the provisions that staff requested. The only provision not included is the height limitation of 45'. The applicant would like to see this extended. Therefore, staff is recommending that this be addressed separately from this Ordinance. 17