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AGENDA DOCUMENTS /~,\-nor~ , r'\ . . >~ CO,. \ - (}, / U J- '_ //.;-.. i ' ,.. " , /y -. -,-'--..~ '.;/ 7C n ,. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 April 1 2003 March 17 2003 (Noon.) 0 June 3, 2003 May 19 2003 (Noon) 0 April 15, 2003 March 31 2003 (Noon) l2J June 17 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14 2003 (Noon) 0 July I 2003 June 16,2003 (Noon) 0 May 20, 2003 May 5 2003 (Noon) 0 July 15,2003 June 30, 2003 (Noon) .. 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda l2J Public Hearing 0 Code Comphance/Legal Settlements 0 Unftmshed Business RECOMMENDATION Please place tlus request on the June 17, 2003 agenda under Public Hearing, which was tabled at the May 20th meeting. Staff has received a letter from a representative of the property owner that endorses the application, authonzes the applicant (Mr Randy Grinter) to represent the application, and speciftcally states that all previous letters to the city are superceded. For further details pertaining to the request, see attached Department of Development Memorandum No PZ 03-113 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Club Ovation (COUS 03-002) Randy Gnnter Randy Gnnter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for CondItional Use approval to allow athletic competitions in a C-3 zoning district. PROGRAM IMPACT FISCAL IMP ACT ALTERNATIVES: N/A N/A N/A City Manager's Signature City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Club Ovation (flea The Grand, Ozone, Orbit)\Agenda Item Request Club Ovation COUS 03-002 6-17-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC FROM r il -) .,1 ~'" ?HONE NO. 41217279912169 Jun. 1213 21211213 1213 t .F!" F0-J / I I -:r I .., (" ..;_ .l....:r " ~)(' 7C/.:~ ~'.,5 'j ~nlrm ~ eft ~YLo/ N,:le 7(ck7n/;JJr;{.oj ,tJ./..".;r,"rlJ (2~ 1: wlcnn J m~ ao'1')(j.e/lA?) l'~~_..tfL ~i'J, ItJ 1f,..4_J~/7 i~.r/n M - ~~ ~q &"~~ b ~<l>?1~1A'~~l t.r1J.. t.Jh,c;oh Q" f/. 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A 1'1 . ?l~e~ 'jj' //7.A() .It? - . - ~ .~~..9t .~~ ..~~"]... ~1 ~ -~~ --~ 'r-"'; --,' --"""!-.- .,/ DEPARTMENT OF DEVELOPMENT MEMORANDUiv1 NO PZ 03-113 FROM Chairman and Members Community Redevelopment Agency Board M(..JL Michael Rumpf \ Director of Planning and Zoning TO DATE May 6, 2003 SUBJECT Club Ovation (f k.a The Grand) - COUS 03-002 ConditIonal Use Approval - Athletic Competitions PROPOSAL SUMMARY Contained herein is a description of the subject request. The applicant IS requesting conditional use approval for "athletic competitions at 3637 South Federal Highway (see Exhibit "A) The proposed use would be located in a 22 672 square foot bay at the northwest corner or the Gulfstream Mall ThiS bay was previously occupied by a Wlnn-Dlxle grocery store and then In October of 2000, conditional use approval was granted to former tenants to operate a nightclub under the name Ozone Due to the lack of code provisions at that time, Nightclubs were added to the C-3, Community CommerCial zoning district, as a conditional use The subject request is in connection with the pending amendment to the city's Land Development Regulations Chapter 2 Zonmg Section 6 C 1 ThiS code amendment. scheduled for adoption on May 20, 2003, is intended to create separate use categories for indoor and outdoor recreation, and specifically add new indoor uses as described below' m. Recreational facilities. I. Indoor recreational facilities, includina nightclubs"', bowlinq a!levs, biiliard halls, health c1ubs/gvmnasiums, shooting ranges (indoor onlv), skating rinks. and amusement arcades. Bars/lounoes, musical entertainment and athletic comoetitions* shall also be accessory to the principal uses described in this section. Indoor recreation facilities other than those which are listed above shall be conditional uses(*). The use "athletic competitions" is new to the City's zoning code, and therefore must be defined In addition, Staff has found that other terms used in this amendment are not Included in the zoning code and therefore, must also be defined within the Land Development Regulations, Chapter 1, Article II Definitions. n'e definitIon for athletic competitions IS currently being proposed as follows ATHLmc COr'1PETITIONS - Amateur and orofessional 2'/':::-[5 to include but not be limited to boxing, cheerleading. dance. avmnastics. martial arts. and wrestlina. Club Ovation - COUS 03-002 Page 2 Of all the uses lIsted In the definition for Athletic Competitions the principal purpose of this request by the applicant IS to obtain approval for boxing competitions If granted any use listed above in the definition for "Athletic Competitions wculc be allowed under the conditional use approval Also, this corresponding code amendment IS a prerequIsite to approval of the subject application Applicant/Agent. Randy Gnnter for Club OvatIon Inc Project name Club Ovation General description Conditional use approval for athletic competitions at Club OvatIon nightclub within the Gulfstream Mall Property size Total Site 8 303 acres/31 ,678 square feet 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 Building area 22 672 square foot eXisting bay (See Exhibit "B ) Surrourdiig land uses and zoning North - Paint and body shop, zoned C-4 and a self -storage facility, zoned C-3/C-L1. 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 nght-of-way F E C railroac tracks and farther west unlncor;Jorated vacant land zoned RS - Residential Single-Family STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11 2 D of the land Development Regulations contains the follOWing standards to which conditional uses are required to conform Followmg each of these standards IS the Planning and Zonmg DIvIsion s evaluation of the application as It pertains to standards Club Ovation - COUS 03-002 Page 3 The Community Redevelopment Agency 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 necessarj 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 wntten findings certifYing that satIsfactory provIsions have been made concerning the following standards where applicable 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 /vlall 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 vanety 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 square feet requiring a minimum of 372 parking spaces However, gIven the potential or likelihood for the mghtclub to attract patrons that would exceed the total, or ItS share of the parking supply, staff, during the review of the previous request for mghtclub approval, recommended that the nightclub tenant space be reviewed separately under the more restrictive (place of assembly) ratio of 1 space per every 100 square feet. This hybrid parking methodology (combining the assembly ratio of 1 space/100 square feet with the shopping center ratio of 1 space/200 square feet) generated the need for 487spaces (possibly miscalculated and documented at 484 spaces in the previous staff analysis) As there were a total of 440 spaces at that time this represented an increase of 47 spaces ThiS origmal condition of approval was satisfied through permit number 02-1237, which ultimately mcreased total parking spaces by 49, or to a total of 489 This parking ratio for the mghtclub is the same ratio applicable to a sporting event or other assembly use ThIS proposed use along with the existing mghtclub, would operate after 700 P m Most of the bUSinesses in the mall operate during daytime hours except for two small restaurants which may serve until approximately 10 00 PM Staff has conducted field checks of the Gulfstream Mall on previous occasIOns during daytIme hours to observe Club Ovation - COUS 03-002 Page 4 that the parking lot was approxImately 15 percent occupied Given that the club and competItIOn events will not operate sImultaneously, will operate In the evening when other business are closed, will represent a reductIon In overall capacity of the building when retrofitted with a boxing arena and fixed seating arrangement, and given the apparent under utilization of the existing parkIng spaces there IS theoretically sufficient space to serve the proposed use However, similar to peak shopping periods that tYPically cause parking shortages, such special events such as a concert with a popular band or a Golden Gloves boxing tournament could attract patrons which would exceed the capacity of the shopping center Although not tabulated within this analYSIS, there eXIsts an estImated 30 to 40 additional on-street parking spaces, and several handicap-accessible spaces, located along the north and south sides of U5-1, south of Gulfstream Boulevard within one-half mile from the subject property It IS reasonable to assume that an event that would attract "capacityJl crowds would Include Involve Willing to walk the one-quarter to one-half mile distance if necessary However, since the on-site and off-site parkIng resources would not accommodate crowds estImated based on fire-rated bUIlding capacity (approximately 2,000), to accommodate crowds antiCipated with any future major event, the applicant should consider parking strategies to include other off-site resources 3 Refuse and service areas, with particular reference to the items in subsection 1 and 2 above Refuse will continue to be removed on the standard schedule established for the Gulfstream Mall shopping center Although It is not anticipated that waste will be significantly increased if athletic competitions are held at this location, any increase would be reviewed at that time for needed additional services. 4 Utilities, with reference to locations, availability and compatibility It IS not anticipated that additional utility services will be required for the proposed use, above that installed as part of the previous approval for a nightclub 5 Screening, buffering and landscaping with reference to type, dimensions, and character No new site improvements are required to support the additional indoor competitions use 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 The slgnage for the prevIous nightcfub bUSiness has been removed leaVing the existing nightcfub currently without any building or site signage The only slgnage is provided above the several front doors that identify the correct door to use depending on ticket status No new signs have been submitted as part of thiS conditional use application Club Ovation - COUS 03-002 Page 5 New slgnage for this tenant must meet code and be compatible with the other slgnage In the shopping center A bUIlding permtt IS required for new Slgnage 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. When the previous conditional use application was reVIewed, the subject tenant space was not compatible wIth the remainder of the shopping center The front of the bay was painted a deep blue and the west wall, vIsible only from Old DIxie HIghway, was painted deep red Subsequently, the entire shopping center was umformly repainted two yellow or orange color tones 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 10 Economic effects on adjacent and nearby properties, and the city as a whole Prior to the previous approval for a nightcfub, this space remained vacant following the cfosing of the principal tenant, a Winn Dixie grocery store The tenant space for the subject nightclub represents approximately 30 percent of the gross leasable space in the shopping center Obviously, the continued operation of a use in this space wil! have a positive economic impact on the viability of the Gulfstream Mall The restaurants in the shopping center may benefit from Increased patronage attnbuted to people attending athletic competItions, however, the ultimate sIze of the competitions held WIll determine the real and overall economIc or fiscal benefits to the area and the city As for whether an event could be held that is construed as undesirable by the city, the definition for "athletic competitions" IS broad and could allow events that are principally more for entertainment purposes than for competition purposes Such uses could Incfude "tough-man" or other contests whIch are more tYPIcal to the bar or mghtcfub environment than an athletic or OlympIc arena In response to thIs uncertainty staff recommends that this approval be limIted to officIal sports which are sanctioned or ruled by an official regulatory authority, or be a recognized collegIate or OlympIc activity This would exclude those events primarily promoted for entertainment purposes and whIch are typically assocIated with a nightclub or bar venue (see conditions of approval) ThIS would also require that other competitions excluded herein would require additional conditional use approval, or and review on a case-by-case basis 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 Club Ovation - COUS 03-002 Page 6 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 standards 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 Based on the analysis documented herein, staff recommends approval of thiS conditional use request subject to the comments listed in Exhibit C - Conditions of Approval 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, which would be accomplished by pulling a building permit or obtaining the appropriate occupational license within that time penod Staff notes that the proposed 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 Significant benefit to the city could be realized including that attributed to the nationally televised sporting events Most negative impacts will be controlled with proper police or security enforcement. Although thiS use may form the basIs of future review and code amendments, the subject property and location should be appropriate for the proposed use MR Attachments S Planning\SHARED\WP\PROJECTS\C:uo Cvation (fr<a The Grand Ozone Orbit)\Staff Report-Club Cvatcn COUS 03-C02.dcc .,- , ( LOCATION MAP CLUB OVATION EX.--iIBIT A ~III ~! :/ ~I ~ '- ~ ~ : I ~ I I! ~ Ii -, I' Iii ~ ii ...:..;,1 - I I I "l ----; l - -- I~ ..-J ~ I I i --! - fR . J ~ t J I ~ ~ ~I ~I ~~ i I i I I I I ~ --- ---I j ! , r - Jt 1 F- - --:j ~ ,:. { l' .--:.:L-a.. ---=-r 1[ _~, r-~; -J . I G~~' '~~ . -t:- :J ~r, ''IT, ~I __I . .:... 1 t. , : l hR AiiJ ~~ -, i . t~-' I . 1 . ~ ,~ ! :0-, ..l -...,'- -~ --1 r- ....,.. ---~- ct:,1 ! III : I : : i I I!, III l.L : i I' , I I ! I LI / ; I r /1 ! r- ~ r ::> 1/ .J 1/ r-::: r ! '-'.l L '- } f - '> I Ra' , ~ 7/ !.Ii i d L , <..J ~ 2 i-- Z .-l I ~ -- , E , I , ! I~ 1 I L I I I I I 'I !:t pm 11 tlnlLJ'~' I! bf-Ulu.LWO~f- j 1;/ r-fPT1\TII1 Ow! j./// ,<!. I/r-- i I ! . f I ! 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'" ,;.-- --,;,;.- ------.---...1 ~ -.. . ;.. -i i' i " I ~ ~~' f l.;.,~ '" r' [.~ ~l ~ "~1 I i I ! i I , i I / I , J EXHIBIT "e" CondItIOnS of Approval PrOject name' Club Ovatlon FIle number' COUS 03-002 Reference I DEPARTMENTS I INCUJDE I REJECT I , PUBLIC WORKS- General I Comments None X I PUBLIC \VORKS- Traffic I Comments None X I UTILITIES I I I I Comments None X I FIRE I I Comments I 1 A scaled draWIng of the seatmg & stage (nng) layout for each indIVIdual X event must be subrmtted to the Fire Marshal s office for approval prior to tIcket sales for any event over 1000 patrons. POLICE I Comments None X I , ! ENGINEERING DIVISIO~ Comments None X I I B1JILDING DI\''1SION I i Comments I 2, Subrmt a clear and legible floor plan of the nng and seatmg areas, AIsles, X aIsle width seatmg, aIsle access ways, etc. shall comply WIth the reqUIrements ofSectlon 1019 10 of the 2001 Flonda Buildmg Code where apphcable All dlrnensIOns shal1 be clearlv shown on the floor plan. 3 A floor plan and seatlng chart shOWIng the construction of the nng and the X locatIon of temporary seatmg shall be requIred to be subrmtted to the BUIldmg DIVISIon for reVIew by the FIre Department and Buildmg DIviSIOn personnel for aophcable code reqUIrements. 4 An occupancy load calculatIon "VIl1 be reqUIred to calculate allowable X occupancy load, as Club OvatIOn was bUIlt WIth an open concert floor 5 AddItIOnal electncal reqUIrernents such as generators, hghtmg, etc, WIll be X ConditIOns of Approval 2 DEPARTMENTS INCLUDE REJECT reqUIred to be subtmtted along WIth the floor plan, and electrIcal pernuts shall be secured by lIcensed contractors who will receive apphcable mspectiOns. 6 Dependmg on the occupancy load, the athletIc events floor plan and X occupancy load will have to be checked to ensure that restroom facilIties are adequate for the proposed occupancy load 7 HandIcapped accessibility shall be rnaintamed at all tImes, X 8 Any necessary pernuts shall be requested and issued, and mspectlOns held X and aooroved, pnor to holdmg any athletIc competItIons. 9 LIcensed contractors shall file applIcations, secure permIts and receIve all X applicable mspectlOns. PARKS AND RECREATION Comments, None X FORESTER/ENVIRONMENT ALIST Comments. None X PLANNING AND ZONING Comments 10 Provide confirmatiOn that project meets, or is exempt from reView for X county traffic performance standards ordmance. 11 ApplIcation (SIte plan) reflects old park1ng space data, reVise and subtmt X updated version showmg and tabulatmg current Improved parkmg spaces. 12. CompetItIve or exhibitIon events held should be lImIted to eIther X actIVIties/events sanctioned or permitted by a recognized regulanty authonty, and be recognized as a collegiate and/or OlympiC actiVity, competItIon, or event. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments. 1 None X ADDITIONAL CITY COMMISSION CONDITIONS Comments 1 Condltlon #12 not needed as superseded by new defimtlOn m code for X AthletIc CompetltlOn" S'\Plannmg\SHARED\WP\PROJECTS\Club Ovation (flea The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form.doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit original agenda request (with back up) and one CODY of agenda reauest (with back UD) to the City Clerk's office Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office Department Head's initials Club Ovation COUS 03- ~ ~ All back u material is attached All exhibits are attached & marked e Please do not write in the shaded area below Legal Department signature D City Manager's signature D ITEM RETURNED FOR THE FOLLOWING REASON(S) Signature(s) missing D Incomplete submittal D Missed deadline D Other D Reason Person contacted to pick up rejected request by bg 7/19/02 S,\Planning\Planning Templates\Agenda Item Cover CHECKUST Apr 1 July 15, 2003.doc on (Date) .~\"YO;, i,_",! :-. ,".'.1- ._..... 'l ..... 0\ /u '- J-', / '. . '\; "'" ..-/: <v 'Y' "'ON \.' CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 April 1 2003 March 17 2003 (Noon,) l2J June 3, 2003 May 19 2003 (Noon) 0 April 15,2003 March 31 2003 (Noon) 0 June 17 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14 2003 (Noon) 0 July I 2003 June 16, 2003 (Noon) 0 May 20, 2003 May 5 2003 (Noon) 0 July 15, 2003 June 30, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation 0 Consent Agenda l2J Public Hearing 0 Code Compliance/Legal Settlements 0 UnfInished Bus10ess RECOMMENDATION Please maintain this item on the June 3, 2003 agenda under Public Hearing, which was tabled at the May 20th meeting due to uncertainty regarding application completeness. The applicant will be notified that the consent of the respective property owner will be required prior to consideration by the City Commission. For further details pertaining to the request, see attached Department of Development Memorandum No, PZ 03-113 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Club Ovation (COUS 03-002) Randy Grinter Randy Grinter, Tommy Pauletti, Tommy Kansler 3637 South Federal Highway Request for CondItional Use approval to allow athletic competitions 10 a C-3 zoning district PROGRAM IMPACT N/A FISCAL IMP ACT N/ A ALTERNATIVES: ~ N/A i LP21l () Developme Depa ent D~or City Manager's SIgnature ~~~ Planning and Zo' rrector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\Club Ovation (flea The Grand, Ozone, Orbit)\Agenda Item Request Club Ovation CO US 03-002 5-20-03,dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DOC DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 03-113 FROM Chairman and Members Community Redevelopment Agency Board f\L fL- Michael Rumpf Director of Planning and Zoning TO DATE May 6, 2003 SUBJECT Club Ovation (f k.a The Grand) - COUS 03-002 Conditional Use Approval - Athletic Competitions PROPOSAL SUMMARY Contained herem is a description of the subject request. The applicant is requesting conditIonal use approval for "athletic competitions" at 3637 South Federal Highway (see Exhibit "A) The proposed use would be located in a 22 672 square foot bay at the northwest corner of the Gulfstream Mall This bay was previously occupied by a Winn-DIXle grocery store and then in October of 2000, conditional use approval was granted to former tenants to operate a nightclub under the name "Ozone" Due to the lack of code provisions at that time, 'Nightclubs" were added to the C-3, Community Commercial zoning district, as a conditional use The subject request is in connection with the pending amendment to the city's Land Development Regulations, Chapter 2 Zomng, Section 6 C 1 This code amendment, scheduled for adoption on May 20, 2003, is intended to create separate use categones for indoor and outdoor recreation, and specifically add new indoor uses as described below' m. Recreational facilities. i. Indoor recreational facilities, including nightclubs*, bowling allevs, billiard halls, health c1ubs/gvmnasiums, shooting ranges (indoor only), skating rinks, and amusement arcades. Bars/lounges, musical entertainment and athletic comoetitions* shall also be accessory to the prinCipal uses described in this section. Indoor recreation facilities other than those which are listed above shall be conditional uses(*). The use "athletic competitions" is new to the City's zoning code, and therefore must be defined In addition, Staff has found that other terms used in this amendment are not included in the zoning code and therefore, must also be defined within the Land Development Regulations, Chapter 1, Article II Definitions. The definition for "athletic competitions" is currently bemg proposed as follows ATHLETIC CO~""PETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, aymnastics, martial arts, and wrestling. Club Ovation - COUS 03-002 Page 2 Of all the uses listed In the definition for "Athletic Competitions, the principal purpose of this request by the applicant is to obtain approval for boxing competitions If granted, any use listed above in the definition for "Athletic Competitions would be allowed under the conditional use approval Also this corresponding code amendment IS a prerequisite to approval of the subject application Applicant! Agent: Randy Gnnter for Club Ovation Inc. Project name Club Ovation General description Conditional use approval for athletic competitIons at Club Ovation nightclub within the Gulfstream Mall Property size Total Site 8303 acres/31 ,678 square feet 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 Building area 22,672 square foot existing bay (See Exhibit "B") Surrounding land uses and 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 nght-of-way F E C railroad tracks and farther west unmcorporated vacant land zoned RS - Residential Single-Family STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2 D of the Land Development Regulations contains the following standards to which conditional uses are required to conform Following each of these standards is the Plannmg and Zonmg Division s evaluation of the application as it pertains to standards Club Ovation - COUS 03-002 Page 3 The Community Redevelopment Agency 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 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 Oixie 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 square feet requiring a minimum of 372 parking spaces However, given the potential or likelihood for the nightclub to attract patrons that would exceed the total, or its share of the parking supply, staff, during the review of the previous request for nightclub approval, recommended that the nightclub tenant space be reviewed separately under the more restrictive (place of assembly) ratio of 1 space per every 100 square feet. This hybrid parking methodology (combining the assembly ratio of 1 space/100 square feet with the shopping center ratio of 1 space/200 square feet) generated the need for 487spaces (possibly miscalculated and documented at 484 spaces in the previous staff analysis) As there were a total of 440 spaces at that time, this represented an increase of 47 spaces This original condition of approval was satisfied through permit number 02-1237, which ultimately increased total parking spaces by 49, or to a total of 489 This parking ratio for the nightclub is the same ratio applicable to a sporting event or other assembly use This proposed use, along with the existing mghtclub, would operate after 700 P m Most of the businesses in the mall operate during daytime hours except for two small restaurants, whIch may serve until approximately 10'00 PM Staff has conducted field checks of the Gulfstream Mall on previous occasions during daytime hours to observe Club Ovation - COUS 03-002 Page 4 that the parking lot was approxImately 15 percent occupied Given that the club and competitIon events will not operate sImultaneously, will operate in the evening when other business are closed, will represent a reduction in overall capacity of the building when retrofitted with a boxing arena and fixed seating arrangement, and given the apparent under utilization of the existing parking spaces, there IS, theoretically sufficient space to serve the proposed use However, SImilar to peak shopping periods that typically cause parking shortages, such speCIal events such as a concert with a popular band or a Golden Gloves boxing tournament could attract patrons which would exceed the capacity of the shopping center Although not tabulated within this analysis, there exists an estimated 30 to 40 additional on-street parking spaces, and several handicap-accessible spaces, located along the north and south sides of US-1, south of Gulfstream Boulevard, within one-half mile from the subject property It is reasonable to assume that an event that would attract "capacity" crowds would include involve willing to walk the one-quarter to one-half mile distance if necessary However, since the on-site and off-site parking resources would not accommodate crowds estimated based on fire-rated building capacity (approximately 2,000), to accommodate crowds anticipated with any future major event, the applicant should conSIder parking strategies to include other off-site resources 3 Refuse and service areas, with particular reference to the items in subsection 1 and 2 above Refuse will continue to be removed on the standard schedule established for the Gulfstream Mall shopping center Although it is not anticipated that waste will be significantly increased if athletic competitions are held at this location, any increase would be reviewed at that time for needed additional services 4 Utilities, with reference to locations, availability, and compatibility It is not anticipated that additional utility services will be required for the proposed use, above that installed as part of the previous approval for a nightcfub 5 Screening, buffering and landscaping with reference to type, dimensions, and character No new site improvements are required to support the additional indoor competitions use 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 The signage for the previous nightclub business has been removed leaving the existing nightclub currently WIthout any building or site signage The only signage is provided above the several front doors that identify the correct door to use depending on tIcket status No new signs have been submitted as part of this conditional use application Club Ovation - COUS 03-002 Page 5 New signage for this tenant must meet code and be compatible with the other signage m the shopping center A buildmg permit IS required for new 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. When the previous conditional use application was reviewed, the subject tenant space was not compatible with the remainder of the shoppmg center The front of the bay was painted a deep blue and the west wall, visible only from Old Dixie Highway, was painted deep red Subsequently, the entire shopping center was uniformly repainted two yellow or orange color tones 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. 10 Economic effects on adjacent and nearby properties, and the city as a whole Prior to the previous approval for a nightclub, this space remained vacant followmg the closing of the principal tenant, a Winn Dixie grocery store The tenant space for the subject nightclub represents approximately 30 percent of the gross leasable space in the shopping center Obviously, the continued operation of a use in this space will have a positive economic impact on the viability of the Gulfstream Mall The restaurants in the shopping center may benefit from increased patronage attributed to people attending athletic competitions, however, the ultimate size of the competitions held will determine the real and overall economic or fiscal benefits to the area and the city As for whether an event could be held that is construed as undesirable by the city, the definition for "athletic competitions" is broad and could allow events that are principally more for entertainment purposes than for competition purposes Such uses could include "tough-man" or other contests which are more typical to the bar or nightclub environment than an athletic or Olympic arena In response to this uncertainty, staff recommends that this approval be limited to official sports which are sanctioned or ruled by an official regulatory authority, or be a recognized collegiate or Olympic activity This would exclude those events primarily promoted for entertainment purposes and which are typically associated with a nightclub or bar venue (see conditions of approval) This would also require that other competitions excluded herein would require additional conditional use approval, or and review on a case-by-case basis. 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 Club Ovation - COUS 03-002 Page 6 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 standards 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 Based on the analysis documented herein, staff recommends approval of this conditional use request subject to the comments listed in Exhibit C - Conditions of Approval 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, which would be accomplished by pulling a building permit or obtaining the appropriate occupational license within that time period Staff notes that the proposed 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 Significant benefit to the city could be realized, including that attributed to the nationally televised sporting events Most negative impacts will be controlled with proper police or security enforcement. Although this use may form the basis of future review and code amendments, the subject property and location should be appropriate for the proposed use MR Attachments S'IPlanningISHARED\WP\PROJECTSIClub Ovation (fka The Grand Ozone, Orbit)\Staff Report-Club Ovation COUS 03-002,doc ,.... ~ ( LOCATION MAP CLUB OVATION EXHIBIT A" L .J l........ '= ..;' - :;:03. ' ! : '.. .-: .: ": .', " t~ : ... ..,.. -{. -r-e " '" ;. '" :1. p1.:!,r; S1"."!i&1V'l .l.d ::- ____ T 41 II 'I I~rn~ I \ L I tt1 , In: J11@ , ~,' B ~ u ~~o~!j/~1 ~ ..1 ~:~-H'l=!TTD I i dO~! I II ~ I 1 I "- ,--'-- . II ~Il -/1 I n ! j"11 -0 II I l ~: II/ -'/ :J'~ I F I I '/ ,~~-i i r- / ~ _ ;/ I / '/ , , I I _ :li ~ I .- I 'I I I r- --- -'--1 I I ~ - J ~. ~- . =j ~ A t= lL=b( ~ r~ ~ " 1~~ I ~f L.G- i j IF' o ~tR?i At! ~::fl 1 ~ '. -u- _. _, ~. ___ .......J r cti1 ,II': ; I I II III! I E 1 '/ / / 'j II I ' I / ! i , I I ~ , ~ /~ Ie ,- I i ! \ " 1- / / ,-. 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None X UTILITIES Comments None X FIRE j Comments I A scaled draWing of the seatmg & stage (nng) layout for each indIVIdual X event rnust be subrmtted to the FIre Marshal's office for approval pnor to tIcket sales for any event over 1000 patrons. POLICE Comments None X ENGINEERING DIVISION Comments. None X BUILDING DlVISION Comments 2. Subrmt a clear and legible floor plan of the nng and seatmg areas, AIsles, X aIsle Width seatmg, aIsle access ways, etc shall comply With the reqUlrernents of SectIOn 1019 10 of the 200 I Florida Buildmg Code where apphcable All dimensions shall be clearly shown on the floor plan. 3 A floor plan and seatmg chart shOWing the construction of the nng and the X locatIon of temporary seatmg shall be required to be submitted to the BUlldmg DIVIsIon for reVIew by the FIre Department and Buildmg DIVIsIOn personnel for apphcable code reqUlrernents. 4 An occupancy load calculatIOn Will be reqUlred to calculate allowable X occupancv load, as Club OvatIon was built WIth an open concert floor 5 AddItIonal electncal requirements such as generators, lllzhtmg, etc. will be X CondItIOns of Approval 2 I DEPARTMENTS I INCLUDE ] REJECT ] reqUIred to be subrmtted along WIth the floor plan, and electncal permIts shall be secured by lIcensed contractors who will receIve applIcable mspectIOns. 6 Dependmg on the occupancy load, the athletIc events floor plan and X occupancy load WIll have to be checked to ensure that restroom facilItIes are adequate for the proposed occupancy load 7 Handicapped accessibilIty shall be mamtamed at all tIrnes. X 8 Any necessary penmts shall be requested and Issued, and mspectIOns held X and approved, pnor to holding any athletIC competItIons, 9 LIcensed contractors shall file applicatIOns, secure penmts and receIve all X applIcable inspectIons. PARKS AND RECREATION Comments, None X FORESTER/ENVIRONMENT ALIST Comments None X PLA1"1"NING AND ZONING Comments 10 PrOVIde confirmatIOn that project meets, or IS exempt from review for X county traffic performance standards ordinance. 11 ApplIcatIOn (SIte plan) reflects old parkmg space data, reVIse and subrmt X updated verSIOn shoWIng and tabulatmg current irnproved parking spaces. 12 CompetItIve or exhibition events held should be lIrmted to eIther X aCtIVItIes/events sanctIOned or penmtted by a recognIzed regulanty authonty, and be recognized as a collegiate and/or OlympIC actIVIty, competItIOn, or event. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY BOARD COMMENTS Comments 1 None X ADDITIONAL CITY COMMISSION CONDITIONS Comments 1 To be detenmned. S'\Planning\SHARED\WP\PROJECTS\Club Ovation (flea The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form,doc CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests Please place check marks in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit original agenda request (with back up) and one CODV of aqenda reauest (with back UD) to the City Clerk's office Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DA rill, 2003 DA ril 15, 2003 DMa 6 2003 DMa 20 2003 cg]June 3 2003 DJune 17, 2003 DJul 1, 2003 DJul 15, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached cg] All exhibits are attached & marked e ,Exhibit "A' cg] rt\ \rY Department Head's initials Club Ovation (CaUS 03-002) Please do not write in the shaded area below Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S) Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason Person contacted to pick up rejected request by bg 7/19/02 S,\Planning\Planning Templates\Agenda Item Cover CHECKLIST Apr 1 July 15, 2003,doc on (Date) ~'"~o. c:> J:r o (J ~ ~ "'7'ON Co'" CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetine Dates in to City Clerk's Office Meetine Dates in to City Clerk's Office 0 April I 2003 March 17 2003 (Noon,) 0 June 2, 2003 May 19 2003 (Noon) 0 April 15 2003 March 31 2003 (Noon) 0 June 17 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14 2003 (Noon) 0 July I 2003 June 16,2003 (Noon) l2J May 20. 2003 May 5, 2003 (Noon) 0 July 15 2003 June 30, 2003 (Noon) 0 AdmInIstratIve 0 Legal NATURE OF 0 Announcement 0 New Busmess AGENDA ITEM 0 CIty Manager's Report 0 Presentation 0 Consent Agenda l2J Pubhc Heanng 0 Code Compliance/Legal Settlements 0 Unftmshed Busmess RECOMMENDATION Please place tlus request on the May 20 2003 City Commission Agenda under Public Hearing. The Community Redevelopment Agency Board with a 6 to 1 vote, recommended that the subject request be approved, subject to all staff comments, includmg the staff recommendatIon that the project have a maximum of one (1) year to pull a permIt or modIfy the occupational hcense, Please note that condItion #12 would not be necessary if the pendmg ordinance is revised to address unofficial events or activities, Separate from the approval of the subject request, the Board requested that staff report back With information on the adequacy of site hghting. For further details pertaining to the request, see attached Department of Development Memorandum No PZ 03-115 EXPLANATION PROJECT AGENT OWNER, LOCATION DESCRIPTION Club Ovation (COUS 03-002) Randy Grinter Randy Grinter, Tommy Paulettl, Tommy Kansler 3637 South Federal HIghway Request for CondItional Use approval to allow athletic competitions in a C-3 zonmg distrICt. PROGRAi'\-'1 IMP ACT FISCAL IMPACT ALTERNATIVES: N/A N/A N/A Devel ~-IJ~ Planmng and Zo ector CIty Attorney / Fmance / Human Resources S,\!'lanning\SHARED\WP\PROJECTS\Club Ovation (flea The Grand, Ozone, Orbit)\Agenda Item Request Club Ovation COUS 03-002 5-20-03,dot S'\BULLETIMFORMS\AGENDA ITEM REQUEST FOR..\1,DOC CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests Please place check marks in the boxes as indicated Initiating department must prepare Agenda Item Request Form Submit original agenda request (with back up) and one CODY of agenda reauest (with back up) to the City Clerk's office Items must be submitted by the deadlines indicated below Incomplete or late items will be returned to originating department. Deadline for Submittal to City P &. D/CRA Requests Deadline Clerk's Office o o o rgJ rgJ All back u material is attached All exhibits are attached & marked e. ,Exhibit "A' ~wP Department Head's initials Club Ovation (COUS 03-002) Please do not write in the shaded area below Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S) Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason Person contacted to pick up rejected request by bg - 7/19/02 5, \Planning\Planning Templates\Agenda Item Cover CHECKUST Apr 1 July 15, 2003.doc on (Date)