CORRESPONDENCE
DEPARTMENT OF QEVELOPMENT
PLANNING AND ZONING DIVISION
. Building . Planning & Zoning . Occupational Licenses . Community Redevelopment
March 21,2002
Mr. Harvey McClintock
Mr. John Gracey
Club Ovation
3637 S Federal Highway
Boynton Beach, Florida 33425
RE: Club Ovation
Dear John:
As per our telephone conversation the conditions below need to be satisfied prior to the issuance of an
Occupational License for the legal operation ofthe business known as "Club Ovation" at 3637 S
Federal Highway in the City of Boynton Beach:
1. Provide a copy of the appropriate liquor license issued by the State of Florida permitting on site
. consumption of alcoholic beverages;
2. Apply to the City of Boynton Beach for the necessary building permit to construct additional
parking spaces outlined in the approved Conditional Use Application for the entertainment
business previously located at the same location;
3. Approval of the site life safety and building code inspections required by the Occupational
License process.
It is understood that once the Occupational License is issued, the management of "Club Ovation" will
not allow customers into the area subject of interior renovations as identified on the building permit
02-1030 until such permit final inspection is approved.
Also, please be advised that the "Club Ovation" has been granted the right to utilize a portion of the
parking area as 'valet' parking. In order to guarantee adequate parking for other uses located in the
shopping center, the Planning & Zoning Division has determined that the total of parking spaces to be
selected as valet should not exceed 270 parking spaces allocated to the entertainment business as
approved by the City Commission on October 17,2000, of the above-referenced Conditional Use. A
separate Occupational License is required for the valet service company.
City of Boynton Beach - 100 East Boynton Beach Blvd., P.O. Box 310 - Boynton Beach, Florida 33425-0310
Phone: (561) 742-6350 - www.ci.boynton-beach.or
Page 2
March 21, 2002
I trust I have adequately covered the outstanding issues regarding "Club Ovation" Occupational
License. Should you need to contact me, please feel free to do it at your convenience by calling 742-
6360.
JA/jdc
cc: Don Johnson, Building Official
Scott Blaise, Code Compliance Administrator
James Cherof, City Attorney
Quintas Greene, Director of Development
Nancy Byrne, Assistant Development Director
Marshall Gage, Chief of Police
Mike Rumpf, Planning & Zoning Director
Lusia Galav, Principal Planner
Occupational License File
S:\Planning\ALFARO\OL Club Ovation License Conditions.doc
ATTORNEYS AT LAW
SUITE 200
3099 EAST COMMERCIAL BOULEVARD
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JOSIAS, GOREN, CHEROF, DOODY & EZROL, P.A.
FORT LAUDERDALE, FLORIDA 33308
STEVEN L. JOSIAS
SAMUEL S. GOREN
JAMES A. CHEROF
DONALD J. DOODY
KERRY l. EZROl
TELEPHONE (954) 771-4500
FACSIMilE (954) 771-4923
MICHAEL D. CIRULlO, JR.
JULIE F. KLAHR
STACY B. WilLIAMS
LINDSEY A. PAYNE
NANCY R. KRAMER
DAVID N. TOlCES
June 15,2001
Mr. Cal Brockdorff
5520 Pennington Avenue
Baltimore, MD 21226
RE: Orbit - 3637 South Federal Highway, Boynton Beach, FL.
Dear Mr. Brockdorff:
The Police Department has advised the City Attorney's office that the Orbit has not paid for police off
duty security services beginning in December 31, 2000 through May 10,2001. The total amount due is
$4550.00. The City is requesting payment immediately for these services.
Also, please be advised that the development order approving your conditional use requires you to have
off duty police as security at shows and performances. If we cannot resolve this payment issue quickly
your business will no longer be provided with the required off duty police security services and therefore
if performances or shows occur without the off duty police presence, your business will be in violation
of the requirements of the conditional use approval. In other words you are jeopardizing that approval.
Please govern yourself accordingly. Thank you for your anticipated cooperation regarding this matter.
Sincerely,
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LINDSEY A. PAYNE
CC: Police Chief Gage
~{I"l'l>irector of Planning and Zoning
Orbit, Manager
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TELEPHONE: (56 I) 832- I 90 I
FACSIMILE: (56 I) 832-2249
February 7, 2001
City of Boynton Beach
Building Department
Attn: Mr. Michael Rumpf
100 East Boynton Beach Boulevard
Boynton Beach, FL 33435
Re: Withdrawal of Contractor's Permit (Pavement Re-stripping) - Palm Beach
Repair Services, Inc., Permit No.: 00-5181, November 3, 1999
Dear Mr. Rumpf:
Please be advised that my client, Mr. Dwayne Cornelius, on behalf of his corporation, Palm
Beach Repair Services, Inc., is seeking the withdrawal of the above application for permit. The
permit was being sought for the purpose of re-stripping the parking lot for the Gulfstream Mall in the
City of Boynton Beach.
The above action is being taken because the obligor, Calvin BrockdorfT, Kimmico of
Florida, L.L.c., D/B/A ORBIT, to the renovation contract has breached the agreement. If you
have questions or comments regarding the application withdrawal please feel free to contact my office
directly.
KRAlsrb
The Ci!y of
Bovnton Beach
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Boynton Beaeh. Florida 33425-0310
Office of the City Attorney
(561) 742-6050
FAX: (561) 742-6054
January 9,2001
VIA FACSIMILE (410) 379- 5735 AND (240) 568- 0084 AND CERTIFIED MAIL
Mr. Carl Brokdoff
C/o National Fitness Network
14059 Vista Drive
#140B
Laurel, Maryland, 20707
Re: Notice of noncompliance with Orbits conditional use approval
Dear Mr. Brockdoff:
As you are aware, the Orbit operates under a conditional use approval that was granted by
the City Commission on October 17, 2000. The conditional use was granted based, in
part, on representations by you regarding the type of business activities which would be
occurring and, following opening, operational controls that would be put in place and
maintained during all scheduled events.
After a few short months of operations it appears that either the representations were
inaccurate or that the Orbit is unable or unwilling to maintain the operational controls
mandated by the conditional use approval. Either event, in and of itself is grounds for
revocation of the conditional use approval and the occupational license that was issued,
based on the approved conditional use.
By way of example, the Orbit nightclub has on several occasions failed to comply with
conditions imposed by the City Commission, requiring it to provide a minimum of six
off-duty police officers during all scheduled shows and performances.
It is the City's intent to fully enforce the conditions imposed by the conditional use
approval and to hold the Orbit to representations made to obtain that approval. Please be
advised any further violation would result in the City commencing a proceeding to
revoke the conditional use approval and your occupational license as outlined ~der .
Chapter 13 of the Code.
'~ Equal Opporlunity/A/f;rmati~e Action/ADA Employer"
Please contact me, or the Police Chief, Marshall Gage, if you require additional
assistance on event control is needed.
cc: Honorable Mayor and the City Commission
Kurt Bressner, City Manager ./'
Marshall Gage, Police Chief
S:ca\depts\citymanager\Orbit ltr.
DEPARTMENT OF DEVELOPMENT
Division of Planning and Zoning
Building
Planning & Zoning
Occupational License
Community Redevelopment
November 13, 2000
Mr. David Hawke, President
Hawke & Associates, Architects, LLC
3030 S.W. 13th Place
Boynton Beach, Florida 33426
Subject:
Orbit Nightclub (a.k.a. The Grand/Ozone) CODS 00-005
Dear Mr. Hawke:
In response to your letter dated November 7, 2000, please be informed that any spaces
added to the above-referenced plan must comply with the development regulations of the
city (e.g. Chapter 24. Parking Lots). Specifically, new spaces must meet required
dimensions, and allow for the minimum required aisles as indicated in the code and as may
be needed by the City's Fire Marshall.
In accordance with the approved development order, please modify the drawings and
submit them showing, at minimum, the required number of spaces and dimensions to
verify that spaces and aisles are code compliant. This action is required to properly rectify
the plans. Please contact this office if you have any questions.
Very truly yours,
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Michael W. Rumpf
Planning & Zoning Director
MR
CC: Mr. Cal Brockdorff
subject file
Chron. File
J:\SHRDATA\Planning\SHARED\WP\PROJECTS\The Grand aka Ozone\Hawke 11-13-00.doc
100 East Boynton Beach Blvd., P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259
November 7,2000
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Mr. Michael Rumpf, Director of Planning and Zoning
City of Boynton Beach
100 East Boynton Beach Blvd.
Suite 200
Boynton Beach, Florida 33426
Reference:
Orbit Nightclub Commercial Project - Gulfstream Mall - Parking Capacity, Permit
# 00 - 4043
Dear Mr. Rumpf:
Pursuant to your conversation with Mr. Cal Brockdorff, Director ofKimmico of Florida,
LLC, we have inspected the parking capacity of the Gulfstream Mall property. The nightclub
club within the subject property is called Orbit Nightclub, located at 3637 South Federal
Highway, in Boynton Beach, Florida 33435. The maximum occupant load for the nightclub is
1,284 persons. We have determined that the existing parking space count is 399. These spaces
are code compliant, and are reflected on the asphalt pavement. The owner and landlord have
identified additional areas to be striped for at least 41 additional parking spaces which raises the
total number of parking space to 440. We have estimated the construction costs to stripe the 41
addition parking spaces to be approximately $ 275.-- dollars by a local, licensed painter/ pavement
marker.
Thank you again for your assistance on this issue. Please contact us @ (561) 740 - 4440,
if you have and questions.
Respectfully submitted,
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Mr. David M. Hawke, President
Hawke & Associates, Architects, LLC
cc: file
Mr. Cal Brockdorff, Director, Kimmico of Florida, LLC.
Mr. Dwayne Cornelius, Palm Beach Repair
Orbit Entertainment Nightclub
City of Boynton Beach, Building Permit, Plan Review Department
3030 S. W_ 13th Place Boynton Beac~ Florida 33426 Tel (561) 740 4440 Fax (561) 7404435
CouS -C()-{)O <-
.J
lE AX Cover She~
I Date; lOIfr/2000
~umber of pages including cover sheet: 3
To:
Mike Rumpf
Kris Ga--rison
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream. FL 33483
From:
Re:
Phone:
Phone:
561-276-5116
Fax Phone: ~ 742-6259 Fax Phone. 561-737-0188
D REMARKS; c Time Sensitive oFY[ 0 For Your Review 0 As Requested
Mike,
Thank you for all the information you have provided.
Please let me know it you notice any factual errors (e.g" size of lease space) and I
will send a corrected letter.
Originals to Follow by Mail: Yes
No_X_
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EXHIBIT "0"
TOWN OF GULF STREAM
PALM BEACH COUNTY. FLORiDA
COMMISSIONERS
WllL!AM F. KOCH. JR.. Map
JOAN K ORTHINE/N. VIC<lIA~
FRED B. OEVrrT III
ROBERT W HOPKINS II
WILLIAM A. LYNCH
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KRISTiN KERN GARRISON
Town CI"'~
RrTAL lAYLOA
October 3. 20(10
City of Boynton Reach Piar,",in;:: al~j Z )ni:l:;. D '/i ;icn
Ann: J\:like Rumpf
100 E. Boynton Beach Bhcl,
P.O. Box 3JO
Boynton Beach, FL 33425
~.e: Conditipnal Csc R~quC"st for ~i)~7 S Federal
Dear J\..fJ. R.l1npf:
Tlank y::m for the time )OJ h1'.<:; spent ar.s'.yering ou: t;L~;;ti()l1S .lbOI~l the rcfere:lcec
application. Your ,espcln5ive:1es,; and :wc)\\,ledge ha,,~ beeu great;y a.nreciatcc.
The To\.vn of Guif STeJn1's bound;::.ries in:ILde t1:e Place Au Sol~i: subdi,-ision, a sing::=-
tbn;::; vfaferfront neighb.Jrr.Qod :h2t is locakc directly acre.55 Federal Eigll'Nl) [101'1 the
proposed bai/entc:-:ainmem e5:Jbli~lL"11ent. \Vi:ile Fed~r2] Highway :::oes p:--evidc SOlT:e
physiccl sep-",l'a:ion. the Town (It l.:J:Jlf Strean: dot'S no! SU:JPL,~.t all:Jther r:i{Jtr iub
es:arJishi,lcm in t:lc Gdlf Stream ~,'~J.1I L1u: te its P"OX11:1iiY Lo a resdential co:mHl:lity.
Trthe City of BOY1:t0:1 Beach a~p:-')\'es thi:: 2.prlicatlon. 51gnifi;:::'::"1:t rl'~aSL.res shOt~ld. be
taken to mitigate aJ:ticipated SOU:1G aC'd securily i:;lpacts OTl this quic: :ommlm:ty of 0-+
ItcJlnes.
In order to t=mpcr the proj!ems experienced by Town resice:1ts when a pre'/iou5 nig:ll
club estab;ishrr:ent ......2.S ope:-ating <:t tillS 1oca:io~:, the T 0\\'[: afOulf Stre.:ur: rcspectLdly
requests that the folh.vLlg re~u~T::::Le'!1t::. be ~1<~decoDdl::0;jS of the Co:1diriocal Cst:
appre.val:
::J The' bu; lding S~l;;tlI be designed with sOLlndproofiI:g measures me lllcing, .It J
m;ntmum, the adcitil)O elf;:. dOlIble se: of doors at e..cl: entrance t(l the ~stabli:;hmell:
The do::rs shall ~e k;;;pi: closel: at 2.1; times tC' enSl:re that sounds 2Je bl!ff~rcd as
patrons ingress ~:ld e~re:>s. :\ny "BC>l:1:eer5" loc2.ted at the entry'\vays shaJ tnsure ~b!.t
dears are not held (Ipen by "vai::r:; p:ttrc.ns cr \\.hi:,' cl:e.::king identificaton.
::J On-site u:liformed secun:y to patrol i:he p.lrkillg 3.re::i~ 2.!1C periE:c'.i~r (1f tl:e S~lc s~al1
be provided at the c.t :he o\vnt~,'s -.:x:ceme dL:ring ::.ll hO:Jrs of op<:;f<.~ti0n. \\'herevc:-
p(lssi~k. uniformed 0ff.ClIty detail Soynton ofjice:'s \vii' be LIse:.
100 SEA ROAD. GULF STREAM, FLORIDA 33483
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EXHIBIT "0"
c The approva: is Iimiteo to he fo\.)tprmt o:the 2!1rrent 23,000 S.F. lease space. Any
~xpansion in area 0:- into other 'Jays will require a Hey condit;onal use request ane
approval.
\Ve thank you in advance {;)r YOL!" City's ef-~:-:ts to protect our resid'~nts fr2m .lc:vc,se
impacts, Please call me if you need additio:1a! information or ifyo"..l nave ~nj qu::;sti,)ns.
Kristin Garnsor:, AICP
Town 1\'Ianager
cc: TO\\T. Commissiol1
TO\vn Attorney
BSID LCL I9S
waa~~s ~In~ ~c umol
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO. PZ 00-292
TO:
Chairman and Members
Planning and Development Board
FROM:
.' .~
Michael Rumpf '
Director of Planning and Zoning
DATE:
September 27, 2000
SUBJECT:
The Grand (a.k.a. Ozone) - CO US 00-005
Conditional Use Approval - Bar/Cocktail Lounge
Within 600 Feet of a Residential Zone
PROPOSAL SUMMARY
Contained herein is a description of the subject project. The applicant is requesting a conditional
use to operate a bar/cocktail lounge and entertainment center under the name of "Ozone". The
proposed project will be located in a 22,672 square foot bay in the northwest corner of the
Gulfstream Mall. This bay was previously occupied by a Winn-Dixie grocery store. A conditional
use is required for a bar/cocktail lounge in a C-3 zoning district if the use is located within six
hundred (600) feet of property lying within a residential zoning district as measured by direct
distance between property lines. The subject site is located approximately 150 feet from an
existing residential single-family development located northwest of the Gulfstream Mall. In their
letter of request, the applicant indicates that it is their intent to use the space for "a live venue
facility similar to the Sunrise Musical Theatre in Sunrise, Florida. Top name acts in the music
and entertainment field will be showcased ..". No fixed seating will be provided, as is the case
with the Sunrise Musical Theatre. Alcoholic beverages will be served.
Under the current code the proposed use is classified as a bar/cocktail lounge and is subject to
the regulations for that use. The City is currently processing a code amendment to add a
specific definition for "nightclub" to the Land Development Code and provide for that use to be a
conditional use in C-3, C-4 and CBD zoning regardless of the distance from a residential zoning
district. A nightclub would be defined as "a restaurant, bar, lounge or similar establishment
serving alcoholic beverages, that feature dancing, theatrical, cabaret, or similar entertainment
and lor electronically amplified music". The Ozone would fall under the category of nightclub and
as such would still require the conditional use procedure,
ApplicanUAgent: Cal Brockdorff/Harv~y H. McClintock
Project name: The Grand (a.k.a. Ozone)
General description: Conditional use approval for baricocktaillounge entertainment
complex in the Gulfstream Mall
Property size: Total Site: 8.303 acres/31 ,678 square feet
The Grand (Ozone) - COUS 00-0lJ5
Page 2
Memorandum No. PZ 00-292
Land use:
Local Retail Commercial (LRC)
Current Zoning:
Community Commercial C-3
Proposed Zoning:
Community Commercial C-3
Location:
Gulfstream Mall, 3637 S. Federal Highway
North of Gulfstream Boulevard between Old Dixie Highway and
Federal Highway IUS 1.
(See Exhibit "A'-Location Map).
Building area:
22,672 square foot existing bay (See Exhibit "B" - Proposed Floor
Plan).
Surrounding land uses/zoning:
North - Paint and body shop, zoned C-4 and a self -storage facility, zoned C-3/C-4;
South - Gulfstream Boulevard and farther south, a Dunkin Donut shop and an office building,
zoned C-3;
East - U.S. 1 and farther east, vacant property in the Town of Gulfstream, zoned Outdoor
Recreation - OR;
West - Old Dixie Highway right-of-way, F.E.C. railroad tracks and farther west unincorporated
vacant land zoned RS - Residential Single-Family.
STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS
Section 11.2.0 of the Land Development Regulations contains the following standards to which
conditional uses are required to conform. Following each of these standards is the Planning
and Zoning Division's evaluation of the application as it pertains to standards.
The Planning and Development Board and City Commission shall consider only such
conditional uses as are authorized under the terms of these zoning regulations and, in
connection therewith, may grant conditional uses absolutely or conditioned upon the conditions
including, but not limited to, the dedication of property for streets, alleys, recreation space and
sidewalks, as shall be determined necessary for the protection of the surrounding area and the
citizens' general welfare, or deny conditional uses when not in harmony with the intent and
purpose of this section. In evaluating an application for conditional use, the Board and
Commission shall consider the effect of the proposed use on the general health, safety and
welfare of the community and make written findings certifying that satisfactory provisions have
been made concerning the following standards. where applicable:
The Grand (Ozone) - COUS 00-uu5
Page 3
Memorandum No. PZ 00-292
1. Ingress and egress to the subject property and proposed structures thereon, with
particular reference to automobile and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
Adequate access exists on site. The Gulfstream Mall has access from: Federal Highway,
two driveways; Gulfstream Boulevard, two driveways and Old Dixie Highway, one
driveway that provides access to the back of the mall buildings along the north and west
sides of the property
2. Off-street parking and loading areas where required, with particular attention to the items
in subsection 1 above, and the economic, glare, noise, and odor effects the conditional
use will have on adjacent and nearby properties, and the city as a whole.
Required parking for the Gulfstream Mall as a shopping center use is calculated at one
space for every 200 square feet of gross leasable floor area. The parking requirement
for shopping centers takes into consideration a variety of uses and is intended to be an
average of parking requirements for these uses. Total square footage for the Gulfstream
Mall is shown as 74,290 requiring a minimum of 372 parking spaces. The shopping
center currently has approximately 440 spaces available. Of these, 381 spaces are
currently striped for the Gulfstream Mall. A bar/cocktaillounge use is required to have
one (1) park;,:g space per two and one-half (2.5) seats, but not less than one (1) space
per one hundred (100) square feet or gross floor area. Using that methodology the
proposed use requires a total of 227 spaces. The space that Ozone will occupy was a
22,672 square foot Winn-Dixie grocery store. That use required one space for every 200
square feet consistent with a shopping center calculation. The parking required for
Ozone plus the parking required for the balan~cf the square footage in the shopping
center adds up to 484 spaces. This number is '44 paces more than currently available
in the shopping center. ~~
This proposed entertainment establishment would operate after 7:00 PM. Valet parking
is proposed to be provided for the patrons. Most of the businesses in the mall operate
during regular business hours between 8:00 AM and 6:00PM except for two small
restaurants, which are open until 10:00 PM and a dinner theatre that operates in the
evening one day a week. Staff conducted a field check of the Gulfstream Mallon two
occasions during the hours of noon and 1 :30PM observing that the parking lot was
approximately 15 percent occupied. Given that the Ozone will operate in the evening
when other business are closed, and the observed under utilization of the existing
parking spaces, there should be enough parking available to accommodate the 227
spaces theoretically required for this entertainment establishment.
3. Refuse and service areas, with particular reference to the items in subsection 1 and 2
above.
The Grand (Ozone) - COUS 0,-, vu5
Page 4
Memorandum No. PZ 00-292
Refuse containers will be provided by the city, and waste will be removed on the standard
schedule established for the Gulfstream Mall shopping center.
4. Utilities, with reference to locations, availability, and compatibility.
The Utility Department has indicated that utility services are available for this new tenant
use.
5. Screening, buffering and landscaping with reference to type, dimensions, and character.
No new site improvements are required for a change of use in the shopping center.
6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic
effect, and compatibility and harmony with adjacent and nearby properties.
The shopping center parking lot contains lighting. No new lighting is proposed.
No new signs have been submitted with this conditional use application. A wall sign
exists on the building located over the entrance and advertises "The Grand" a former
proposed project. New signage for this tenant must meet code and be compatible with
the other signc:ge in the shopping center. A building permit is required for site signage.
7. Required setbacks and other open spaces.
The proposed use does not affect setbacks or open space requirements.
8. General compatibility with adjacent property and other property in the zoning district.
The proposed facility, in its current condition, is not compatible with the rest of the
shopping center. The front of the bay is painted a deep blue and the west wall, visible
only from Old Dixie Highway, was painted deep red during recent renovations. This was
done by the applicant prior to realizing the need for conditional use approval. The
residential development is located in this area to the northwest of the site. The
Gulfstream Shopping Center has an established color scheme of peach with aqua
accents. The only deviation from this is the fac;ade of the dinner theatre that is painted as
a mural. This mural is located on the wall under the walkway canopy and uses colors that
blend into the general color scheme. The balance of the bay front matches the rest of the
shopping center. Staff recommends that the applicant revise the color scheme to be
compatible with the established colors for the shopping center.
9. Height of building and structures, with reference to compatibility and harmony to adjacent
and nearby properties, and the city as a whole.
The Gulfstream Mall is an existing building that meets the code requirements for the C-3
Commercial zoning district.
The Grand (Ozone) - COUS 0C;-uu5
Page 5
Memorandum No. PZ 00-292
10. Economic effects on adjacent and nearby properties, and the city as a whole.
An entertainment complex will take the place of what was the anchor tenant for the
Gulfstream Mall. The tenant space for the Ozone is 30 percent of the gross leasable
space in the shopping center. As this space is currently vacant, leasing it for the Ozone
project will have a positive economic impact on the fiscal viability of the Gulfstream Mall.
The two restaurants in the shopping center may benefit from increased patronage by
people going to dinner before going to the show at Ozone. This will be minimal given the
small size of these restaurants. It is not evident at this time what the overall economic
impacts are for the city.
11. Conformance to the standards and requirements that apply to site plans, as set forth in
City of Boynton Beach Land Development Regulations, Chapter 4 Site Plan Review.
With incorporation of staff comments, the proposed project will comply with all
requirements of applicable sections of city code.
12. Compliance with, and abatement of nuisances and hazards in accordance with the
performance s~andards within Section 4 of the zoning regulations; also, conformance to
the City of Boynton Beach Noise Control Ordinance
With incorporation of all conditions contained herein, the use would operate in a manner
that is in compliance with the above-referenced codes and ordinances of the City of
Boynton Beach.
RECOMMENDATION
Staff recommends approval of this conditional use subject to the comments listed in Exhibit C -
Conditions of Approval. On October 3, 2000, staff received a letter from the City Manager for the
Town of Gulf Stream indicating that they do not support another nightclub establishment in the
Gulf Stream Mall. However, if the City of Boynton Beach approves such a use the Town of Gulf
Stream is requesting that certain conditions be added to the Conditional Use approval. The
letter is included as Exhibit D of this report. Staff views the comments as reasonable and would
support the Planning and Development Board adding them to the Conditions of Approval for this
project.
Staff notes that the proposed large nightclub use is new to the City of Boynton Beach and that
the actual impacts, both positive and negative, will not be known until after the subject use has
established itself and the magnitude of patronage is realized. Most negative impacts will be
controlled with proper police enforcement. Although this use may form the basis of further code
amendments, the subject property and location should be appropriate for the proposed
nightclub.
The Grand (Ozone) - COUS Oli-v\J5
Page 6
Memorandum No. PZ 00-292
Furthermore, pursuant to Chapter 2 - Zoning, Section 11.2 Conditional Uses, a time limit is to
be set within which the proposed project is to be developed. Staff recommends that a period of
one (1) year be allowed to initiate this project. As long as 25% or more of the total cost of the
improvements are completed within one (1) year, this condition is met.
M R/bw
Attachments
\\CH\MAIN\SHRDATA\Planning\SHARED\WP"'PROJECiS\The Grand\Staff Report-ihe Grar.d COGS 00-005.coe
~ Palm Beach County Property Ar - "tiser Property Search System
Page 1 of2
Palm Beach COUllty Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Owner Information
1 Owner Name
IFEBLOWlTZ G S & ELIZABETH J TR
II Situs Address II Parcel Control Number
1112515 WEBB AVE 1112-43-46-04-10-003-0010
Confirmation Information
Subdivision: GULFSTREAM ESTS REPL I BOOk:II09299II page:111687 II D~~~~] yfay-
OF BLKS 2 & 5 INC 1996
l\'lailing 150 EAST RD # 10A I~ GULF STREAM ESTATES REPLAT
OF BLKS 2 TO 5 1KC
Address:
1 I ILTS 1 TO 10 11\C BLK C I
IDELRA Y BEACH FL 33483 7030 I I I
2000 Certified Appraisal
I Improvement value:11 5159,40111 Number of units:11
I Land value:11 $52,50011 Total Sq. Ft:11
I Market value:11 5211,90111 Acres:11
I Use Code:11 0800 II Description:llJ\fFR <10 UNITS
1111 Structural. Detail... . HIIII II
6,453111 Extra Features... IiI II
.001
II Petition No:lloooooo
2000 Certified Tax
2000 Assessed & Taxable values
I Ad valorem:11 55,099.8511 Assessed value:11 5211,901.0011 I More.
I Non ad valorem:11 5740.3211 Exemption amount:11 501
I Total:11 55.840.1711 Taxable:1I S2L 1.901.001
2000 Exemption
I DeSCriPtion:11
I Exemption Holder:11
II cOde:IDI I More... !II I
II Percentage:1
http://www.co.pa1m-beach.f1.us/papa/detail_info.asp?p _ entity= 124346041 000300 10
3/7/01
_ Palm Beach County Property AT"'~'aiser Property Search System
Page 1 of2
Palm Beach COUllty Property Appraiser
Public Access System
GARY R. NIKOLITS, CFA
Owner Information
I Owner Name II Situs Address II Parcel Control Number I
InNER SAUL L & L M MOYROUD TRS 11400 GULFSTREA.:.vI DR 1112-43-46-04-10-005-0010 1
Confirmation Information
Subdivision: GULFSTREAM ESTS REPL B85jEJ~~
OF BLKS 2 & 5 mc Book: 03698 Page: 08-,1 Date: 1982
l\iIailing I 7 TOZER RD I~ GULF STREAM ESTS REPL OF
BLKS 2 TO 5 TNCL
Address:
I I ILTS 1 TO 18 It\C BLK E I
IBEVERLY MA 01915 1047 I I I
2000 Certified Appraisal
I Improvement value:11 S148,263/1 ~umber of units:11
I Land value:/I S130,62511 Total Sq. Ft:11
I IVlarket value:11 S278,888/1 Acres:/I
I Use Code:11 4800 II Description:IIWAREH/DIST TERM
01/1 Structural Detail...
III Extra Features...
.001
II Petition No:lloooooo
2000 Certified Tax
2000 Assessed & Taxable values
I Ad vaIOl-em:11 S6,712.0511 Assessed value:11 S278,888.0011 I More.
I Non ad valorem:1I 51.439.8211 Exemption amount:1I $01
1 Total:1I 58.151.8711 Taxable:11 5278.888.001
2000 Exemption
I DescriPtion:11
1 Exemption Holder:11
II cOde:IDI I More... S t
II Percentage:1
http://www.co.pa1m-beach.fl.us/papa/detai1_info.asp?p _ entity= 12434604100050010
3/7/01
'(19/12/00
11:13
U~61 ZH 4995
PO I~TI BA.~
~0003/0017
3
QQNDITIONAL USE APPROVAL APPLICATION
L
I . GENERAL INFORr."'1ATION:
a. All property owners located within (400) tour hundred
feet surrounding the subject parcel shall be nQt:ified.
b. The ownership of all surrounding propert ies as
submitted by the applicant, shall be reviewed by the
City Clerk, who shall notify the owners by regular mail
of the date and purpose of the public hearing held in
co~junction with the conditional use application.
c. tiotice of the public hearing shall also be ad.vertised
in a newspaper published in the City at least ten (~O;
days in advance of the hearing.
d.
At the public hearing held by
Development Board, evidence ::or
p~esent:ed.
t.he Planning
or against may
a:ld
be
e_ The Pl~~ng and De7elopillen~ Board Qay recommend
approval, approval ~ith modification or denial of the
application subject to the standards provided in
OrdLnance No. 76-46. A written report of the Board's
findings shall be fOr'".4arded co the City Commission.
f. At.a regular meeting, the City Commission may approve,
approve w~th modification or deny the applicacion
subject to the st~dards provided in Ordinance No. 7G-
46.
g. Each new ap~lication for conditional use approval shall
be accompanied by a fee payable to Che City of Boynto~
Beach as per the. attachec fee schedule I as well as
labels and postag~ for property o~~ers to be notified.
h. Each application f.l;:)r an extension in tiu<e of a
conditional use approval shall be accompanied by a fee
payable to the Cicy of BOYI"tor: Beach for one hundred
and twenty-five {$l25} dollars. Such application shall
by submitted to the Pla~ing Di~ector not less than 45
days prior to the expiration of the approval.
~. ReRre~entati-:;"e of the proiect m.ust be present at a.u.
Technical Review committee, Planr..inc: and Development
and city COIDmissio~ Meet;nas held to review chis
orciect:..
09/12./00
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'US61 27-1 4g9lJ
POli\'TE fHI\'K
!{lJ OOO~/ 0017
4
CONTENTS OF THE CONDITIONAL USE APPLICATfON
II.
CONTENTS OF TF..E
for condi~ional
f<:Jllowing i t.erns :
CONDITIONAL USE APPLICATION. Application
use shall,. contain. two (2j copies of the
iI. Scat.ament of the applicant's interest in the proper.ty
to be developed, including a copy of the last recorded
Warranty Deed< and a certificate f=om an attorney-at-
law or a title insurance company certifying who the
current fee simple title holders of record of the
subject property are, and the nature and extent of
their interest therein, and:
1. If joint and several ownership, a written consent
to the developnent proposal by all owners of
record. OT
2 - If a contract purchase, a copy of t.h= pUl'chase
contract and written consent of the selle~;cwner,
or
3. If an authorized agent, a copy of the agency
agreement and written consent of the
principal/owner, or
4. If a lessee, a copy of the lease agreeme.nt and
written consent of the owner, or
S. If a corporation or other business entity, the
name of the officer or person ~esponsible for the
application, and written proof that said
representatives have the delegated authority to
represent the corporation or ot.her business
entity, or in lieu thereof, written proof that he
ie ~u fa~t an officer of ~he corporation.
b - Legal sur.rey, prepared by a surveyoJ:.' l;-egistered in the
State of Florida, showing an accurate legal description
or the subject prope~y, and t~e to~al acreage computed
to the nearest one-hundredth (lilOO) of an acre (these
twe sU~feys are in addition to the surveys required on
page 6 of this application, Sec. III.l9.}.
~.
Vicinity map, shewing the loca~ion of ~he
p~operty in relation to the surrounding street
subject
system.
d. Drawing showing the location of all property lying four
hundred feet {400} adjacent to the subject parcel, and
a complete ~ist of the property owners' names, maLling
addresses and legal descriptions _ The owners of
property shall be t~~se recorded on the latest official
Coun~y tax rolls. Such list shal: be accompanied by an
affidavit seating that ~o the best of the applicant's
knowledge, said list is complete and accurate.
Centact: Palm Beach County, Propert:y Appraisers O:=fice,
A~tn: Mapping Division, 301 NQrth Olive Av~., WPB, FL.
09/12/00
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PO I!\LE BANK
~O(105/001i
5
III_ SITE PLAN REQUIREMENTS
Twelve (1.2) complete, a.ssembled and stapled sets of plans
sp..all be submitted. All drawir.:gs shall be scaled and the
maximum size sheet Eha~l ~e 2~" x 35". The following site
lnformation shall be shown on the sabmitted plans or where
applicable, separately submitted, Inccmplete site plans will
not be processed.
(Please check)
~1. Boundaries and dimensions cf the parcel.
~ 2.
~4.
~
~.
10.
~
Scale, graphic scale, north arrow, and date.
3.
Adjacent properties or land uses.
Pavement edge a..J.djor right.-cf-v/ay lines for all
streets, alleys, sidewalks, turn l~nes, driveways
and u..'1..iroprov';d z:ight:s-,~f -way within ~ne-hundred
(lOO} feet of the site. Also, names of ad;acenL
streets ~~d rights-of-way- J
Location
existing
.site.
of all proposed
st=uctures that
and
ar~y
tho:
structures,
are :'0 remain
on
Setbacks of all scructur@s (over 3 ft. lD height)
from property li~es_
7. Use of each structure, indicated on the site plan.
8 _ Nm:lber of efficiency-; l-bedroom, 2: bedroom,
etc.,dwelling uni~s in each residential
structure, to be indicated on site plan.
9. Indication of hei.-;ht and cumber of stories of each
structure.
Indicati.on of scruct:ures,
45 foot height, iLcluciing
ft.
eguip~nt I etc.,
height. in excess
above
of ';'5
Floor plans or typical
structures.
floor plans for
all
~~
...- .
~2. Finish floor elevations of all structure.
14.
1.5.
Uses within each strcctu~e, indicated on floor
plans.
Elevations or typi~al
structures; including
includinS rcofs.
elevations
matez:-ials,
of all
surfaces .'
Indication
cf
the
numbers
ar,d
of
t }<p€:s
recreational facilities
~ residential development$.
~6. Indication cn site plan of location, orientation,
-~-- and height of a~l freestanding signs a::1d wall
signs.
09/12/00
11:13
17.
1.8.
~
~
~ /~
.~:i...L_
22_
23.
ft56~ 274 UgS
POI::>.TE BA:\X
~ 0006 "0017
6
to
be
for
p:t:ovided
Location of walls and
their height, materials,
fences, and
and color.
indication of
A landscape plan, showing conformance
Landscape Code and Tree Preservation
showing adequate watering facilicies.
must be keyed out according to species,
quantity.
W1th the
Code, and
Plants
size and
A sealed survey, by a surveyor registered in the
State of Florida, and not older than six (6 j
months, showing property lines, including
bearings and dimensions, north arrow, date, scale,
existing structures and paving] existing
elevations on site, rights-of-way a~d easements
or~ or adjacent tc the site, utilities on or
adjacent to t~e site, legal description, acreage
to tha llear€st one-hu~~edth (l/lOO) of ~~ acre,
location sketch, and surveyor's certification.
Also I sizes and lecat.ions of existing t.rees and
~hrubs, including common and bot~~ical names, and
indication as to which are to be retained,
removed, and relocated, or replaced.
Location of existing utility lines on or adjacent
to the property to be indicated on the site plan.
in addition to beinq shoW"!: on the survey _ Al so,
location of exiating fire hydrants Q~ or adjacent
to the site.
Location of additional fire hydrarlts, t.o meet
standards set rort:h in Article X, Sect ion 16 of
the Subdivision and Plattin~ Reculations.
Fire flow calculations justifying
both on/off site water lines.
, .
-L~ne
size
for
Sealed engineering drawings for
utilities, as per City specifications,
proposed
~4. Dlformat.ion regarolng ferm of c~~ersnip
(condominium, fee simple, lease, etc.).
25.
L~ation ~~d oriehtation of garbage
c~S'
or
.09/1.2/00
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US6! 214 4995
PO I:-<TE BA.""K
~ 0007/(lOl i
"";
l
dumpster facilities. All garbage dumpsters must
be so located to provide direct access for the
City front-end loaders, and the dumpster area must
be provided with ade.::ruate width and height
clearance. The~ site must be so designed to
eliminate t.he necessitv for the front -end loader
to back into any street.. If .:1ny use requires
the disposal of wet crarbace t a ten foot by ten
foot {la' x 10" conc;ete slab shall be provided.
All durapsters must be screened and landscaped in
accordance with the City Landscape COd9 (s~e Sec.
7.5-35(1)). A minimum lO-foot wide opening is
required for dumpste~ enclosures.
A parking lot design and construction plan showing
conformance ta the Ci ty parking Lot: Regulations,
and including the follo>"iing information. Any
exceptiorw to the Pa~k~~g Lot Regulations that arc
proposed for that are to continued will require a~
application for variance to the Parking Lot
Regulations~
a.
Location of
facilities.
~ ~
al.L
and
loading
parking
b _ A parking let layout pla.""l t includirLg curbs,
car stops, and double striping.
C. A cross-section of materials to be used ~!1
the ccnscruc~ion of the parking let.
d. A lighting plan ter the building exterior and
site, including exterior security ligt~t:ing,
and lighting fer driveways and parking lot.s;
to include the loc3tio~ of liqhtinq
st~~dardE. direccion of lighting, fixture
types, l.am,p types and sizes, and average
illumination lev~l{s} in foot candles.
e. Information showing corrformacce with <:.he Cit:.y
Street and Sidewalk Ordinance, including
construction of sidewalks along adjace~t
public street:s.
f. Locatlon of existing and proposed public and
private streets, im:::luaing ultimate rights-
of-way.
g. On-site traffic pla.~, inCluding arrows and
other pavement markings, traffic SlgnS, and
stop signs at exits.
h.
Location
of
nandica?
carkincr
...- .~
sf:aCE:!S,
plus
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'5"561 274 4995
PO I;..lE M..J\,'K
~l)008/0017
8
signs and access ramps, consistent with the
State Hand~cap Code.
p~ drai~age plan for the entire site,
including parking area; to include finish
gra.de a:1.d pavement elevations, drai.nage
calculations, and details of the drainaqe
system. If the total impervious area on-
site exc~eds tw~nty-five thousand (25,000)
square feet, then drainage plans and
calculations must be prepared by an engineer
registered in the State of Florida, and must
be sealed- Percolation tests must by provided
with drainage calculations.
.J .
Existing eleva<:'-io:1.s on adjacent properties,
and on adjacent rights-of-way.
27.
Where conformance with the County's
&~vironmentally Sensitive Lands O~dinance is
req-.lired, au Applic.acion f01' Alteration of
Environmen~ally Sensi~ive Lands
(En~...ironmentally Impact Study) must be
s~ilimitted to the Palm Beach CO~ttty Depar~ment
of Environment.al Resources Management (copy
to City) prior to or concurrent with the
submittal of the site plan to the City.
28.
Submit a traffic impact ar~lY8i9 for the
proposed use. The ~~alysis shall comply with
the Palm Beach County Traffic Performance
Stcu::.dards Ordinance. Six (6) copies of the
analysis shall be submitted with all
conditional use applications.
Failure to submit traffic impact analysis in the rranner
described above Fay delay approval or the site plan
applicati.on.
29. In addition ~o the above requirements, the following
items shall be suOmitte~ to the Planning Division
~ later than the site ~lan deadline:
a. One copy of colored elevations for all
buildir:gs a..."fld signage to be cor:structed on
site. T~ese elevations must be must be of
all sides of each type c.f building ar.d
signage proposed ~nd the colors proposed must
be accompanieci by a numerical code from an
established chart of colors-
09/12/00
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ti'$61 27 4 41U~5
POIYrE BA..'fK
ial 0009/0017
9
b. Elevations must also include information
related to building materials. All
elevatio-cs must be subrr..itted On 24" x 36lJ
drawings. Buildings const~~cted will b~
inspected orr the basis of the elevations
submitted to the City and approved by the
City Commission. Failure t<:i construct
buildings consistent with elevaLions
submitted will result in the Certificate of
Occupancy being withheld.
c. A transparency of the site plan (maximum size
of 8-~/2" x ~1"). At: the discretion oi the
applicant, the Planning Division will prepar.;::
transparencies from the site plan document.
Howeve~ I the Planning Division will not be
responsible for poor q:uality transpaTenciea
which res~lt from the sub~ission of poor
qoiality site pla:1. blueprints. and poor
quality t:::-a.:nsparencies ..rill not be presE!l':ed
to the Planning and Developoent Board or City
Commission.
d. Colored phot.ographs of surrounding buildings
{minimum size a- x lOR} -
30. Any other engineering and/or technic~l data, as
may be required by the Technical Review Comoittee
to determine cc~liance with the provisions of Ehe
City's Code of Ordinances.
Any of the above requirements may be waived by thE:
Technical Review Commi~tee, if such information is
deewed to be non-essential by the Con~ittee.
09/12/00
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'lt561 27.t {tiS
POI:-.i"E B.!I'1r
~ oOHj/OOli
10
IV. SITE D~2\TA
The following information mus!: be fill~d out
below and must appeal', where applicable. on
all copies of the site plan.
1. Land Use Categor}' shown in the Comprehensive
?lan;
.:..
Zoning Discrict:
C-~
3.
Area or Site acres sq_ ft.
~ r~ ?-
4. Land Use -- Acreage Breakdown:
a. Residential, including acres
% of site surrounding lot ~ea or grounds
b. Recreation Are~s *
(eY~luding water area? acres
si.te
c. Jalat:e.r .1.T'"ea acres
~ of
%- of site
% of site
% of site
% of site
d. Commercial acres
e. Industrial acres
f. Public/Ins=:it.uticmi:il aeTas
g _ P.~}:'lic, Privac.e. ~'"'ld Ca.71al Rights-af-Way
acres ~ OI s~te
h. Other (specify) a.~res % of site
i. Other (specify} acres % of. sit.e
J . Total area of Site acres 100% of site
rncll.ldin~ open SDace suit.abl~ for outdoor l.-ecreation. and
r~ving a minimum dimension of 50 ft. by 50 f~
S. Surzace Cove~
a.
Ground Floor Buildi~g
Area (<<building fcotprL~~Rt
% of sit:!:
~~
1......
sq.
09/12/00
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'Z:361 274 .tt95
PO DE BANK
~ 0(111/0017
11
b.
Water Area
sq . ft..
% of site
c. Other Imper~ious Areas, including paved area of public
& private streets, pave area of parking lots &
driveways (excluding I'landscaped areas}and sidewalks,
patios, decks, and athletic courts sq. ft. ~
of site
d.
Total Impervious Area
site
sq.
% of
e. Landscaped Area Inside of Parking Lot.a {20 sw. ft..
per interior parking space required--see Sec. 7.5-35{g}
of Landscape Code} . sq. ft. % of site
f.
Other Landscaped p....reas I
excluding Water Area
sq. ft_
% of site
51.
Ocher
areas,
Pervious Areas, including Golf Courses, Natur~l
Yards, and Swales, but excludina Water Areas
sq. ft. % of siCe ~
h.
Total Pervious Areas
site
sq.
r_
~I...
%- of
i.
Total Area of Si~e
sq. ft. 100% of site
E. Floor Area
a. Residential sq. ~..
-\.. .
b. Commercial/Office 7!? \.1ftA::) sq. ~1-
.......
c. Ir~us~~ial/Warehouse ~----'-- sq. ft.
d. Recreational sq. ft.
€. PublicI
Inst.itutional sq. ft..
.t; Other (specify) sq. ft.
- .
g. Other {specify} sq. ft.
h. Total Floor 11-~rea sq. It: ..
7. Number of Residential Dwellina Units
a.
Single-Family Detach~d
dwelli:n.c uni,:s
O. Duplex d~elling units
c. ~11ti-farnily {3 + att.ached dwelling units
'09/1Z/00
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'Zf561 2H t995
PO I\lE BA..""'K
14l00l2/00li
1.2
(l) Efficiency
(2' l Bedroom
{3J 2 Bedroom I.
{4J 3+ Bed,room
dwelling unics
dwelling un.its
dwelling units
d~'lelling units
d.
Total Multi-Family
dwelling ul"iits
e. Total Number of Dwelling Units
8.
Gross Density
Dwelling units per Acre
<:0
.. .
~~ximum Heicrht or Structures on Site
st.ories
teet:.
10. Required Off-Street Park;nq
a. Calculation of Required Parking Spaces
b. Off-Street Parking Spaces
c_ Number of Off-Street Parking Spaces
Provided on Site Plan
RIDER TO SiTE PLAN APPLICATiON
The undersigned as applicant for Final Site: Plan Approval does
hereby acknowledge. represent and agree that all plans,
specifications, draw~gs. engineering, and other aata submitted
with this appli.caticn to:: review by che Ciey of Boynton Beach
shall be reviewed by the ~-arious boaros, commissions, staff"
personnel and other parties designated, appointed or employed by
the City of Boynton Beach, and any such party reviewing the same
shall rely u~~ the accura~f thereof, and ~~y change in any item
submitted shall be deemed ~~terial and substantial.
The undersigned hereby agrees t:hat. all plans, specifications,
drawings, engineering and other data which may be approved by the
City of Boynton Beach, or its ooards, commissions, starf or
designees shall be constructed. in strict compliance wit.h the .I:orm
in which they are approved, and ~~y change to the same sr~ll be
deemed !na.t.erial and shall place t.he applicant in violatior- of
this application and al.l approyal.s and permits \<lhich may be
granted.
T}1..e applicant agrees t.o allow the City of Boynton Beach. all
rights and remedies as provided for by the applicable codes and
ordinances of t~e City of 3oy"TIton Beach to bring any violat ion
into compliance, ~,d the applicant shall inde~~ify, reimburse and
save the City of Boynton Beach harmless from any cOSt, exp~~s~,
claim, liability or any acticllwhich may arise due to their
en! orcement of the same. f _
RBAD, ACKNOWLEDGED AND AGREED TO this _~_ day Of~~
09/12100
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U'561 2]4 .utS
PO Ii'<"TE BAt~
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13
Applicar:t
wit.ness
Witness
NOTICE TO APPLI~J~S
FOR
REZONING MDloR LA.:."W USE ELE[l-1ENT AM&'IDMENT
CONDITIONAL USE l>.PPROVAL
BOARD OF ZONING APP~~S VARIANCE
All applications received by t.he Cit.y of Boynton Beach afr:er
August 1, 1985 shall be acc'...;ut.fanied by cailing labels with t.he
names .:L1d addresses of all proper:;y owners witr..in four hundred
{40C} feet: of the subject property. Applications will not bB
accepted without these mailing labels.
ca~ACT:
P.A.LM BEACH COUNTY
PROPERTf APPR-.~ISERS OFFICE
ATTN: MAPPING DIVISION
301 North Olive Avenue
West Palm Beach, Florida
(Sol} 355-3881.
- If
~~\1- · I
09 12/(10
11: 13
"lt561 H4 4995
PO Il-I"TE IH."ij{
llJ0014/00li
l4
A F F I D A V I T
STATE OF FLORIDA
)
}
S.'6.
COUNTY OF PALM BE..~CH)
I WHO BEING
ct-
BEFORE ME THIS DAY PERSONALLY APPEARED
DEPOSES AND SAYS:
That the accompanying Property Owners List is, co the
best of his knowledae, a complete and accurate list cf
all property owners, mailing addresses and legal
descriptions as recorded in the latest official ta.x
rolls in the County Courthouse for all property with
Four g~~dred {400} feet of the below described parcel
of land.
The property ~n q~estion is legally described as follows:
SEE ATTACHED RXHIEIT hAlt
FmTF..E...l< A..VFIAttf""'T SAYETH NOT.
Sworn to and subscribed before me this -f ~
day of
A.D..
2o(J-)
- ~~ ~i1:--
Notary Public
State of Florida aL Large
~''';:::'''' Christine ContlNn
* l;1{ * My Commission CC679267
--"',n,i' Expires September 10. 2001
~f Commission Expir~s;
20_
09/12/00
11:13
U561 274 4995
PO L'\""'I'E BANK
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1.5
NOTICE TO APPLI~..NTS FOR APPROVAL OF L];l'.l)
D.E:VBLOPMENT OF.JJERS OR PERMITS ..
Please be advised that all applicat ions for t.he following land
development orders and permits which are submit.ted on Or after
June 1, 1990 will be subject to the City'S Conc~xrency Management
Ordinance, and cannot be approved unless public faciliti~s
(potable water, sanit.ary sewer, drainage, solid waste,
recreation, park, and road facilities> woulci be available to
serve the project. consistent with the levels of service which
are adopted in the City's Comprehensive plan:
Building permit applications for the construction of
improvements which, in a.'"'ld by themselves, would create
demand for public facilities.
Applications for site plan approval.
Applications for condi~ional use approv.al.
Applications for s~bdivision master plau approval.
Applications for preliminary plat app~oval.
Applications for final plat approval-
AFplications for rezoning to planned zoning districts.
Applications for revisions to any of the applications
above I which woul.d increase the demand for a.:.-:.y
facility.
listed
publ ic
Any other application which, in and by
establish the density or intensity of use
maximum density or intensity of use of land.
itself,
of land,
would
or a
* Aoolicacions for develooment orders and perm~ts submitted
after February 1, 1990 and which aenerate more than 500 net
vehicle triOS per day, must comoly with the Palm Beach
Co~mty Aratfic Performance Standards Ordinance. unless
exemot -From t:hat ordinance.
09/12 100
11 ; 13
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Please be advised, however, that the following applications will
be e.xemot from the ConcuL-rency Management Ordinance, pending
final approval of this ordinance by the City Commission:
Applications for the development of property which was
plattec on or after J~~uary 13, 1978 and either the final
plat. or the preliminary plat and Palm Beach County Health
Deparement permit applications were submitted or approved
prior to June 1, 1990, and the use of the property is
consistent with the general use whtch was intended for the
?TOperty at the time of platting.
Applications
platt.ed prior
lots does not
generate more
for the development of property which was
to January 13, 1978, the area of the platted
exceed 2 acres, and the proposed use would not
th~~ 500 net vehicle trips per day_
Applications for build1ng permit. if a site plan or
conditional use application was submitted prior to June 1,
1990 and subsequently approved and the site plan or
conditional use has not expired.
Applications for the development
approved Development O~ Regional
ccr~istent with the app~~~ed DR!.
of property
Impact. , and
within an
which are
Applications ror approval of final plats, if the preliminary
p~at ~ application ror Palm Beach county Health Department
permits for utilities ha~~ been submitted prior to June 11
2.990.
Applications fer revisions
development orders or permitss
demand for any public facility.
to previously approv@d
which do not increase the
PJ.ease be advi.sed that these exemption rules are t.ntative and
will be subject to final approval. by the City Commission. If you
have any queations concar.ning the proposed Boynton Beach
Concurrency Miulageaent Ord:lnance.. p1ease contact the Boynton
Beach Pl.anning D~vis~on at (551) 742-6260
Rev. June 5, 2000
',,<5I....:>...._"''"''...>~_in9. ll3.Vor.>\....._Vd..;>L~~OW\COO!<\~-""'"
FONTANA PLAZA LTD dba GULFSTREAM MALL
3631 SOUTH FEDERAL HWY, BOYNTON BEACH, FL 33435
TEL: (561) 735-4512 FAX: (561) 735-0332
September 14,2000
City of Boynton Beach,
100 E. Boynton Beach Blvd.
Boynton Beach, F133425
Mr. Mike Rumph
Dear Mr. Rumph,
This letter is to advise you that the Gulfstream Mall is owned by Fontana Plaza Ltd. I am the main
principal and managing partner for this company. I am authorized to act and sign on its' behalf
Please let me know if I can be of any assistance to you with regard to any matters relating to this
property.
a y .McClintock
Managing Partner
KIMMICO FLORIDA INC
5520 PENNINGTON A VENUE BALTIMORE, MD 21226
TEL:(410)354-1217 FAX:(410)379-5735
/ '/\/&r /I:!!J _ ff~L~ (lr;<.:/E,,./1:I/
S mb 13 2000 r: - 1,ltJ5Poo- //0 tis
epte er , r!U~ No. fJ ?('
City of Boynton Beach
100 E. Boynton Beach,
Boynton Beach, Fl33425
Mr. Mike Rumph
Re: Conditional Use Application
Dear Mr. Rumph,
I would like to take this opportunity to thank you for your help and guidance in
completing the conditional use application.
Firstly, let me address the adjacent uses; The Gulfstream Mall is on Federal Highway,
which is our east boundary. South, of course is the infamous Aphrodite Night Club
and across from that is Dunkin Donuts. To our west is DiYie Highway, the railway
tracks and to the west of that is vacant. Northwest is an automobile Body Shop and
Northeast is a self-storagefacility.
The new use for the "old Winn Di'de"j The Grand space will primarily be used as a
live venue facility, similar to the Sunrise Musical Theater in Sunrise Florida. Top
name acts in the music and entertainment field will be showcased in this Boynton
Beachfacility. I believe that this location on Federal Highway is the "Gateway" to
Boynton. Furthermore, just north of Atlantic Avenue is afabulous locationfor this
type of exciting entertainment facility.
It is our intention to have this operate as a first class entertainment complex. kly
associates who have previous experience in the entertainment freld have enclosed a
few letters of recommendation for you to read. Therefore, our intention is to work with
the City of Boynton Beach Police Department in handling all of our traffic and
security requirements.
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Also, enclosed are 12 copies of our parking layout of the Gulfstream Mall showing
that we have adequate parking and will also offer Valet Parking. The parking and
trafflc should not have any impact on the area as it was previously a 1f7nn Dixie Store,
which certainly required more parking than we will, and less trafflc to the area.
I have also enclosed a map to better show where the shopping center is in relationship
to any residential areas. We are for the most part surrounded by commercial
establishments. The only area that might be within the area you require are to the
North West, across Db-de and the railroad tracks is SE 34 A ve and 4 St.
I sincerely hope that this has addressed all the issues you mentioned to me. Please
don't hesitate to let me know if there is anything else I can do to get this expedited as
quickly as possible.
DEPARTMENT OF DEVELOPl\IENT
Division of Planning and Zonin~
Build/".
PI"""llfl & ZD"j".
OceupllrlDlfll1 Llcr"u
CD"''''Ulllry R.dn'llIDp"'''''
September 12, 2000
Harvey McClintock
Fontana Plaza Limited
VIA FACSIMILE 561-735-0332
Re: The Grand-Requirement for Conditional Use Approval
Dear Mr. McClintock:
Pursuant to our telephone conversation on September 11, 2000, I am writing to document my
commitment to assist you with processing the above-referenced project through the City's conditional
use process. As discussed, the City will strive to expedite this process in an attempt to attain final
review by the City Commission prior to November 3rd. Although the hearing dates for the Planning
and Development Board and City Commission are fixed, a shorter review process can be achieved by
reducing the staff review and plan modification processes to match the simplicity of the
project/application.
However, it is imperative that your application and plans be submitted as soon as possible in order to
meet the critical dates such as the September 191h or September 26th meetings of the Technical
Review Committee. The second critical date is Tuesday, September 191h, by which time a legal notice
must be prepared by staff. The deadlines can only be met if you file the application with this office no
later than September 14th, 2000. My ability to properly process this request will, in part, rely on the
timeliness and completeness of your application, including labels, and list of property owners within
400 feet of the subject shopping center parce! (supplied no later than September 21sl, 2000).
Lastly, although a staff recommendation will not be generated until after all the facts are reviewed, at
this time, I do not have reason to believe that a negative recommendation will be produced. However,
factors that can influence a review could include a parking deficiency, unanticipated negative factors
about the proposed use, or significant public opposition based on issues that cannot be resolved
through site plan modifications or operational limitations.
Despite the time limitations, and uncertainties, I am optimistic that this project can be processed as
described herein if your application is submitted timely. Please contact me if you have any questions
on this process, application, or commitments stated herein.
Sincerely,
---rr-- t.J zL-
Michael W. Rumpf
Director of Planning and Zoning
MWRlnl
J:SHRDATAIPlannlngISHAREOIWP\CORRESPlCorresp A Ihru L\n,e Grand.Condi:'onal Use2.doc
America's Gateway to tile GlllfttreQIII
100 Ea.t Boynton Beach Blvd.. P.O, 80.310 Boynton Beach. Florid~ 33425-0310 Phon.: (561) 37S-6Z60 FAX: (561) 37S-6Z59