CORRESPONDENCE
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~f, Michael
From
Sent:
To
Subject:
Gage Marshall
Friday May 16 20038.31 AM
Rumpf Michael
RE Club Ovation - Light levels in parking area
Re the lighting Going through building design at NMB, I recall there was a considerable amount of controversy and
disagreement between architects over exactly how the lighting should be measured This department (to include Code)
has no experience in this area. I have asked senior staff for input regarding their subjective analysis of the lighting at
Ovation and how it mayor may not impact crime I will have a response from them for you on Monday
-----Original Message-----
From Rumpf, Michael
Sent: Thursday, May 15 2003 3:28 PM
To Gage, Marshall Blasie Scott
Subject: Club Ovation - Light levels in parking area
On Tuesday the CRA reviewed the conditional use request for "athletic competitions" (intended to allow boxing
events), and one member was very concerned of that light levels in the parking area. Although they almost
added it to the set of conditions thereby making it a burden of the applicant (tenant), other members of the
Board sympathized with him and kept the request from the conditions as just a separate request of staff to
confirm
I told them I would use the best available resources and technology to review the light levels I told them I would
get feedback from Police (from their experience there) and I would also visually compare it to other shopping
centers in the area or city
I understand that you may not want to accept any responsibility in responding to a very quantifiable issue in a
subjective way however I can always ask. Perhaps if I word it this way "Do feel that light levels in the
Gulfstream Mall parking lot contribute to crime or perhaps prevent security from properly monitoring the lot and
discouraging unlawful activity?" Or is it safe to say that the light levels provided by existing fixtures is typical of
the average shopping center parking lot? From your records, is it safe to assume that the light levels do not
influence or relate to the types of calls that are generated by the nightclub use?
Any input is greatly appreciated which will be combined with my findings and ultimately relayed back to the CRA.
Scott, do you have a light meter? If so does your staff have experience in using it to determine conformance
with minimum lighting standard of one foot candle?
Mike
1
~f, Michael
From
Sent:
To
Subject:
Blasie,Scott
Friday May 16 2003 7 35 AM
Rumpf, Michael Gage, Marshall
RE. Club Ovation - Light levels in parking area
My office does not have a light meter or the experience with one Most of our activity concerns non-working fixtures
Scott
-Original Message-----
From: Rumpf, Michael
Sent: Thursday, May 15, 2003 3.28 PM
To: Gage, Marshall, Blasie,Scott
Subject: Club Ovation Light levels in parking area
On Tuesday the CRA reviewed the conditional use request for "athletic competitions" (intended to allow boxing
events) and one member was very concerned of that light levels in the parking area. Although they almost added it
to the set of conditions, thereby making it a burden of the applicant (tenant) other members of the Board
sympathized with him and kept the request from the conditions as just a separate request of staff to confirm
I told them I would use the best available resources and technology to review the light levels I told them I would get
feedback from Police (from their experience there), and I would also visually compare it to other shopping centers in
the area or city
I understand that you may not want to accept any responsibility in responding to a very quantifiable issue in a
subjective way however, I can always ask. Perhaps if I word it this way "Do feel that light levels in the Gulfstream
Mall parking lot contribute to crime or perhaps prevent security from properly monitoring the lot and discouraging
unlawful activity?" Or is it safe to say that the light levels provided by existing fixtures is typical of the average
shopping center parking lot? From your records is it safe to assume that the light levels do not influence or relate to
the types of calls that are generated by the nightclub use?
Any input is greatly appreciated which will be combined with my findings and ultimately relayed back to the CRA.
Scott, do you have a light meter? If so does your staff have experience in using it to determine conformance with
minimum lighting standard of one foot candle?
Mike
1
Second Avenue Streetscape South (5)
I Garage structure's architecture is too ngld, (symmetncal, square)
Addmg different types of wmdow treatments to the openmgs will break the
current bonng rhythm, Bmldmg is too maSSlVe and looks like the typical
garage structure.
2 Include rooftop gardens m elevations (trees, hghtmg fixtures, roof structures,)
3 Match all metal screens proposed. Screens should only be used on garage
structure not adjacent to Motor court openmgs or pedestnan arcades.
4 Enhance motor court entrance The Simple archway does not mdlcate what is
happemng mSIde (interestmg open space)
5 Add architectural element to bmldmg frontmg Federal to mark importance of
corner, (round wall, round canopy to corner or Similar feature to the one m
Ocean Avenue)
6 Match pattern on stucco on above ground floors m the base ofbmldmg.
Parkmg Deck ElevatlOns (6)
I The archItecture on thIS bmldmg begms to look very dIfferent from the rest of
the proJect. The style is too formal and ngld, perhaps breakmg it further
2 Include roof top garden m elevatlOn.
3 Contmue with textured stucco on base and upper floors as m other Sides of the
bmldmgs.
4 Add floral planters to some wmdow treatment, to lessen the effect of garage
structure,
5 Match Pre fin. Metal canopy on the other block corner
I st Avenue Streetscape (7)
Refer to comments of Second Avenue Streetscape South (5) smce they are the
same
5 Story Residential Bmldmg- East (8)
I Include archItectural element m fayade that becomes a termmatmg focal pomt
seen from Federal Highway and Plaza. Stone columns flankmg an arch is not
a focal pomt
ATHLETIC COMPETITIONS - Any (1) amateur and professional
cheerleading, dance and gymnastics event, or (2) any amateur or
professional event which involves physical contact between the
participants provided the event is within a class of sporting event
recognized as a Summer Olympic sport by the United States Olympic
Committee
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The City ofBoYT.. v_lBeach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
POBox 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
www.boynton-beach.org
June 6, 2003
Mr Randy Grinter
3637 South Federal Highway
Boynton Beach, FL 33435
RE Club Ovation (COUS 03-003)
Dear Mr Grinter"
The above subject needs to be advertised in order to be put on the City Commission
Agenda on June 17, 2003 The cost of the ad and postage combined is $229 82
including tax,
Please send us your check or bring it in by Tuesday, June 10, 2003 in the amount of
$229 82, so we can proceed with your position on the City Commission Agenda
Sincerely,
Jt~t..JC
Michael W Rumpf
Director of Planning and Zoning
MWR.pat
S:\Planning\SHARED\WP\PROJECTS\Club Ovation (fka The Grand Ozone, Orbit)\Club Ovation 6-6-03 letter.rtf
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CITY OF BOYNTON
BEACH
City Hall, West Wing
100 E Boynton Beach Blvd
POBox 310
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
From the office of
Planning & Zoning
FACSIMILE
~ J) oLf
IMPORTANT
TO Mitchell Pasin, Fontana Plaza Ltd
FAX. 561-735-0332
DATE
Michael W Rumpf, Director of Planning and Zoning
NUMBER OF PAGES (including
cover)
~3
FROM
June 4,2003
Club Ovation
RE
Mr Pasin enclosed is the letter that was faxed to Michael Rumpf in Planning and Zoning regarding
authorization letter for Club Ovation on June 3, 2003 at 03 51 PM
The letter needs to be notarized and returned to our department (Planning and Zoning) no later than
2 00 PM on Thursday, June 5, 2003 It will have to be brought in since the notary stamp will not
show up in a faxed copy We would need the original
If you have any questions please do not hesitate to call us
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If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260 Thank you
..,1
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PHONE NO. 4072799069
Jun. 03 2003 03 5.F~ F0~
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Palm Beach County - Property .lo oprmser - Property Search System
Page 1 of 1
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Gary R. Nikolits, CFA
Palm Beach County Appraiser
Public Access System
Back to Search
Rows 1 to 2 displayed
Click on row to see more information
Owner Name
FONTANA PLAZA LLC
FONTANA PLAZA L TO
Situs Address
9045 LA FONTANA BLV
3629 S FEDERAL HWY
Parcel Control Number
00424707170000010
08434604000001060
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6/4/2003
Palm Beach County Property t- 1')ralSer Property Search System
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Gary R. Nikolits, CFA
Palm Beach County Appraiser
Public Access System
Home
Sea ~roperty Information
Location Address 3629 S FEDERAL HWY
Sea h Result
Municipality' CITY OF BOYNTON BEACH
Pro erty IB~;cTe,t~gntrol Number' 08-43-46-04-00-000-1060
Ow r InfOrmation
Subdivision
Stru tural Detail.
oniclal Records Book, 09615 Page 0559
Extr Features
Legal Description
Lan Detail
Tax etail
Print Information
Property Appraiser
O~J!1formation
Name FONTANA PLAZA L TO
Mailing Address 3629 S FEDERAL HWY
BOYNTON BEACH FL 33435 8656
Sale Date Dec-1996
~ owners..i
2002 Certified Appraisal
Improvement Value
$2,300 000
Number of
Units
Total Sq. Ft:
Acres
3
~ Sttucturat...)
I Extnt...
r land...
Land Value
Market Value
Use Code
$0
$2,300 000
1600
815
Description SH CTR CMMITY
2002 Certified Tax
Ad Valorem
Non ad valorem
Total
$55,362.61
$29 108.00
$84470.61
~ Detail... )
2002 Certified Assessed & Taxable Values
Assessed Value $2,300,000 00
Exemption amount: $0
Taxable $2,300,00000
Exemption Information Unavailable.
Sales Information
Sales Date Book
Dec-1996 09615
Feb-1993 07587
Au -1982 03777
Page
0559
0683
0383
Pric~ lnstr_ument OWr::!~1"
1 050000 WD
100 CT
3950000 WD
Print Information I
http.l/www co palm-beach. fl. us/papalmam/detail_mfo.asp?p _ entlty=0843460400000 1 060
6/3/2003
BPI00101
- CITY OF BOYNTON BEACH
~and Master File Inquiry
PCN
08-43-46-04-00-000-1060
Lot Number
Location ID nbr
Street address
47219
3647 S FEDERAL HWY
BOYNTON BEACH
FL
33435
Current owner
FONTANA PLAZA LTD
3629 S FEDERAL HWY
BOYNTON BEACH
FL 334358656
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Fire zone
C3
COMMUNITY COMMERCIAL
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F3=Exit F4=Appl inq F8=Misc info
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6/03/03
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05/L9/2003 02 05
5617407 1
OVATION
Ife
PAGI- [; liB
CLUB OVATION
3637 South Federal Highway, Boynton Beach ,Florida 33435
561-740-7076/ www ClubOvation.com
May 27, 2003
City of Boynton Beach
Kurt Bressner. City Manager
100 E Boynton Beach Boulevard
Boynton Beach. Fl33425
Dear Mr Bressner,
Your probably not aware oftbe long term property management problem we have at
the Gulfstream Plaza. Literally all the currant and many of the former Plaza tenants ha'le
either expressed numerous complaints about or have been advertently a victim of the
owner/ managers (Harvey McClintock &, Mitch Pasin) harassment or lack of
management.
I have personally been assaulted by Mr McClintock for which he was arrested and
prosecuted, which even further complicates and already convoluted landlord-tenant
relationship (I know of at least two other tenants who complain that Nlr.McClintock h2s
threatened them and has been verbally abusive.) While this is not th~ base for my
complaint, the histot)" of the situation is relevant to your comprehending the scope of6e
problem.
Mr McCtintok's business stra:tegy seems to be a lack of one. He ha~ bc:en sited
frequently for code violations during tbe history of his management OfthEl facility
(Gulfstream Plan). It appears that he actually has city liens on the property for fililure to
pay code citations and taxes. It's 11so common knowledge that the Plaza has been in
foreclosure for many months, which seems to additionally underscore the efforts
performed by Venture Realty as property manager We feel that McClintook and Pasin
are deliberately not upholding the bare minimum code requirements. 1" appears that many
other tenants have been forced to leave the property due to crrcumst.'ln::es directly C8usxl
by the landloros. It's almost like they prefer to rent tbe propertv, tak,:: the lnoney up frol1t.
and then do everything possible 1t1) help the busmess fail via the levem,~ every landlord
has over a tenant. Either through uncontested eviction or just by wearL1g down a
struggling small business, the potential scam is the same. One husjneSH fa:ls. another
comes in and so on and so forth.
That being said, ( would like to point out some ongoing important issues llave been
impactIng my business and the entire plaza for a year or more.
[D) ~ @ ~ U W ~- ~
lli) MAY 21. ~
PL~NIIIING AND
7 'in,G DEPT
05/29/2003 02 05
5617407r"1
OVATION
PAGlc e/./03
Page 2
1) The roof of the entire Plaza needs to be replaced. We have so far endured 11 months of
consistent leaks. Time after time McClintock bas hired freelance or non-licensed, lew
budget, gypsy contractors to patchwork sling tar across the plaza fTmn one end to th e
other , always claiming that e";"erything is finally repaired. He has even been cited :hr
trying to repair leaks to Renzo's Restaurant by tarring a home depot ta1' to the roof
Tenants like the small coffee shop and a computer business next to Renzo's had so
many roof problems they just gave up and left (sadly many small business owners
cannot afford to defend themselves and are forced out of business). Wbile some leaks
have slowed from time to time the next heavy rain simply brings new ones. Four
different times in 11 months w: have seen various workers patch a huge leak in the
overhang directly in front of our lobby entrance. During the last heavy T~ once again
the water came pouring through (I recently pointed this out to a code enforcement
officer). Needless to say this is a huge concern for us regarding the :me:ty of our clients
and or anyone walking by for that matter. The entire oVI:rhang, from one end of the
plaza to the other has been COSlnetically repaired only, which any ht'..&:\T'; rain proves
again and again. After a visual! review of the area inside the overharcg it appears to h we
some structural damage influenced by years of un-repaired leakage. We are cc'ncerJjed
that the en1ire overhang is in nl~d of a complete safety inspection ill order to protect the
safety of all the visitors to the I)1aza. [ Via our attorney we have filed sc:veral
complaints with the landlord(s ~ concerning all the problems mentioned in this letter. ]
2) The overhead lighting in the s:une area. as the front overhang leak bas .mly worked
once, very briefly, since we rented the club. Aside'foon the safet:'f issue this ligbtinl; is
necessary to help project the impression of our business being operl in the evening. We
are also very concerned that the leaks in the same area are in some way electrically
shorting that string of built-in ,overhead lights and could create a :pctential fire hazatd.
We have expressed this concern to Mr.McClintok and Mr Pasin or. numerous
occasions to no avail.
3) On at least a dozen different occasions over the last 11 months the front parking lot
lights (during events) has either been off in part or Dot come on at flit. Additionally
some of the lights in the rear of the building by the backstage and office door also d;)
not work. This is a major problem in general and becomes especially hazardous durng
events when foot and vehicle traffic in the area is at peak. We also ,!I1"e concerned about
the added risk of crime in this poorly lighted area. Additionally, tmllac:k of lighting
encourages :frequently illegal dumping behind the club. which is now ,311 ongoing
problem.
4) Ever since the City cancelled the Plaza's dumpster account ( due tc. payment problems)
each tenant has been forced to maintain their own dumpster (which McClintock use1
to charge $750.00 a month to provide, almost 3 times what it now (:ost;). The :Plaza
frequently dumps it's trash into 0Ul' dumpster which quickly fills it up making it un~
useable to WI during peak periods. Numerous warnings to the Plaza. h:Vle been ignor:d.
05/29/2003 02 05
5617407 1
OVATION
PAGE: e::/03
Page 3
5) Recently! otherwise vacant bays jn the Plaza (next to Renzo's) app"'..ar to be getting
used for various reasons. Meetings similar to the ones at the Central House
are taking place on a scheduled basis in a bay that does not appear to have an
occupational license for that purpose.
6) For weeks, in the parking area next to and in the rear of the Club, Lygc auto transpcrt
trucks have been using the area to store and subsequently load cars for shipment. TIley
block our access to the rear of the club and are a general nuisance. The drivers
maintain they pay Mr. McClintock for the privi1eg~ to do this. We have not
been able to get an answer one way or the other. We smpect that the Plaza does not
have a license to conduct this type of business.
From an embattled Oulfstream Plaza tenant and Boynton Beach business owner!s pdnt
ofvicws it ~ that the owne::s and manager of the P1a.za consist.ently ignore City
building code requirements, frequently do coDStruction/ demolition work without pem nts.
operate side businesses without license control and generally act like they are above tbe
law and without repercussion.. It js certainly questionable that the grey area they daily
operate in is even legal and does not merit a criminal investigation. Mr. McClintock has
proven that he IS not afraid to as~ult or verbally abuse 8 tenant or use his landlord
leverage to have a coercive control over the business environment bis tenants are fOl'Cfd
to work in. We depend on rigOt'(Il1S code enforcement and appropriate follow up from ib.e
city to protect us (and our investment) from any deliberate attempts b:y a property
manager/owner to put us out oH'l\lSiness (which Mr.McClintok has threatened to do on
several occasions). While other ,problems with the landlord/manager do exist these are
our main concerns. We (and on 'behalf of several intimidated Gulfstrew Plaza tenants)
respectfully request that the city review all the concerns addressed in .this letter and aC'
accordingly
Su-d ~
Cc James Cberof, City Attorney
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The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
POBox 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
www.boynton-beach.org
May 21,2003
Mr Randy Gnnter
3637 South Federal Highway
Boynton Beach, FL 33435
RE Club OvatIOn (CaDS 03-003)
Dear Mr Gnnter
As you know, reView of the above-referenced apphcatIOn was tabled by the City ComnllssIOn to
theIr regular meetmg to be held on June 3, 2003 ThiS postponement was due to the defiCIent
status of your apphcatIOn. Although it has been processed up to thiS pomt, it is reqmred that you
obtam consent from the respective property owner(s) pnor to final reView by the CIty
CommiSSIOn on June 3rd.
Please provide thIS office with eIther wntten consent from, or a revised SIgnature page mcludmg
endorsement by, the legal property owners. Please provIde thiS outstandmg mformatIOn at your
earlIest convemence to ensure the contmued timely processmg of your apphcatIOn.
Should you have any questIOns on thiS matter, do not heSItate to contact me
Smcerely,
~ .---:::>
/--UC
Michael W Rumpf
Plannmg and Zomng DIrector
Cc Qumtus Greene, DIrector of Development
James Cherof, City Attorney
MWR:pat
DE~ARTMENT OF DEVELOPlvlENT
Memorandum
DO 03-014
TO
Kurt Bressner, City Manager
James Cherot, City Attorney
Janet Pranito, City Clerk
Quintus L. Greene, Development Director
5/20/03
CLUB OVATION REQUEST FOR CONDITIONAL USE (COUS 03-002)
FROM
DATE
RE
Staff requests that Item VIII F Club Ovation (CO US 03-002), Request tor Conditional Use, be pulled
trom tonight's City Commission agenda due to an error in the application
OS/20/2003 13 29 5617426,....1
a~/2a/2ee3 ee as 156173L .32
'v'ENTUR~ REAL Tv I"
PAGE: e
P~GE 11
FONTANA JlI.AZA L TD
_ I!IUU'STMIfM IIA/.I.
362J S. r-eEIlAL. HWV
IO'INTON IEAOf. FL 334_
TB.! .1.7sa.<<512 'AX 561.73ei-0332
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OS/20/2003 13 29 5617426~1
e~/~e/2ee~ 08 08 156173~ 32
IlENTURE RE~ TV 11\
PA(j[ er
~~6E :12
FONTANA PLAZA, L T/)
J',l $OUTH FEDEIIAI. HW'I . 'OJlNTDN 6EACN FLORI/)A . 334;'6
"H<'N~: .'1.?~5.."~1' . FAX 6dl-?36-()~32
E-MAZL 8UL'STREAMMAL.L.AQL CDM
May 20, 2003
The ~ of Boynton Badl
Of6ce of the City At.tonwy
100 E. Boynton Bcaeh 8O\Ilevard
P.O Box 310
Boynton BelIch, FL 3342S..0301
Re: Conditional Use eoftSlderation-BoJUng Events at Club Ovation
DeIr Mr. Tolen:
Pleese be advised that the owners of the GulfstreallJ, Mall (Fontana Plua, L 11>)
ha"ve received notificatilJO of a request for zonina cMnge by Mr. Randy Grinler from
Club OvatiOD, our tenlftL First, it is disturbing that a telUmt may requtSt. WIling change
without the OWDCI"S WQSenl Seoond. ~ are opposed to 8I1Y zoDina c:hat1ge at this time.
Club Ovation has been IIODOOttIpli8Dt with the zcming mtrictions as Ibc)t preeently exist
by routinely II:I!'IctinK dements or people dlat are not positive for the shopping center or
for the City of Boyntoa Beach. During the time that Club Ovation. holds concats and
shows, we have problems with young people eonsmniag akohol ill tIN JlWking lot
without club s1af1' intervention or maintenance oftbc aml after the event Consequently,
1he Club Ovation and its lrivtties sigDificanlly tarnish tile image ofthc Plaza, and would
CODrinuc: to do 10 with the proposed zoning chansc.
Club Ovatioa IS a tenant: r:.s gone oqt of ita way to uu.d.ermine the owners IIIId. the
tenaQts of the PIIrza. They are pnsently four months bebind 00 their tall: totalina almost
"0,000.00. We are C11tl'eIltly in the process of eviotina Club Ovation ,as a tenant-a
~ of .mOD we believe woul.d be much better tor both the cmtcr 1\Dl1 the City of
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~f, Michael
From
Sent:
To
Cc:
Subject:
Blasie,Scott
Tuesday May 20 20034'00 PM
Rumpf Michael
Gage, Marshall
RE Club Ovation - Light levels in parking area
I instructed the Police Department Senior Staff at today's meeting to inform me of any lights that either do not work or
have fixtures that need repair We cite non-working lights for "site maintenance and use the building code for faulty/non-
working fixtures under the maintenance provision
Scott
-Original Message-----
From: Rumpf, Michael
Sent: Tuesday, May 20, 2003 2:49 PM
To: Blasie,Scott
Subject: FW' Club Ovation Light levels in parking area
Scott, what is your experience with dealing with potentially deficient lighting? Say if the rear of a building is without
light or if fixtures are inoperable? MR.
-Original Message-----
From: Gage, Marshall
Sent: Tuesday, May 20, 2003 2:00 PM
To: Rumpf, Michael
Subject: RE: Club Ovation Light levels in parking area
I got a response from a single staff member' We have known for years that the lighting at that location is not
optimal however we have managed to take care of business there If we had input, we would recommend that the
lighting be improved This is a subjective evaluation based on experience not objective data
-----Original Message-----
From Rumpf, Michael
Sent: Friday May 16 2003 9'04 AM
To Gage, Marshall
Subject: RE. Club Ovation - Light levels in parking area
Monday is fine particularly in case the Commission were to ask. But really I have until the next CRA meeting
to prepare a response to them Thanks again MR.
-Original Message-----
From: Gage, Marshall
Sent: Friday, May 16, 2003 8:31 AM
To: Rumpf, Michael
Subject: RE. Club Ovation Light levels in parking area
Re the lighting: Going through building design at NMB I recall there was a considerable amount of
controversy and disagreement between architects over exactly how the lighting should be measured
This department (to include Code) has no experience in this area. I have asked senior staff for input
regarding their subjective analysis of the lighting at Ovation and how it mayor may not impact crime. I
will have a response from them for you on Monday
-----Original Message-----
From Rumpf, Michael
Sent: Thursday, May 15 2003 3:28 PM
To Gage, Marshall; Blasie,Scott
Subject: Club Ovation - Light levels in parking area
On Tuesday the CRA reviewed the conditional use request for "athletic competitions" (intended
to allow boxing events), and one member was very concerned of that light levels in the parking
1
area. Although they almost added it to the set of conditions thereby making it a burden of the
applicant (tenant), other members of the Board sympathized with him and kept the request from
the conditions as just a separate request of staff to confirm
I told them I would use the best available resources and technology to review the light levels
told them I would get feedback from Police (from their experience there), and I would also
visually compare it to other shopping centers in the area or city
I understand that you may not want to accept any responsibility in responding to a very
quantifiable issue in a subjective way however I can always ask. Perhaps if I word it this way,
"Do feel that light levels in the Gulfstream Mall parking lot contribute to crime or perhaps prevent
security from properly monitoring the lot and discouraging unlawful activity?" Or is it safe to say
that the light levels provided by existing fixtures is typical of the average shopping center parking
lot? From your records, is it safe to assume that the light levels do not influence or relate to the
types of calls that are generated by the nightclub use?
Any input is greatly appreciated which will be combined with my findings and ultimately relayed
back to the eRA.
Scott, do you have a light meter? If so, does your staff have experience in using it to determine
conformance with minimum lighting standard of one foot candle?
Mike
2
--...
CLUB OVATION, INC.
3637 South Federal Hwy , Boynton Beach, Florida 33433
Phone (561) 740-7076 Fax (561) 740-7479
May 20,2003
TIle City of Boynton Beath
Office of the CIty Attorney
100 E Boynton Beach Boulevard
p a.Box 310
Boynton Beach, FL 33425-0301
Re Conditional Use consideratIon ~ Boxing Events at Club Ovation
Dear Mr Tolces'
Please allow thIs to serve as an 11lltIal cursory response to the correspondence delivered to
you by Harvey McClintock, purportedly on behalf of Fontana Plaza Ltd. upon Information and belief
the owner of Gulfstream Mall and the landlord to Club Ovation. Unfortunately It appears that the
filmg of tlus correspondence has resulted in elimination of consideration of the requested zoning
variance for boxing for today's agenda, thus delaymg consideration of this Issue until reset on a
subsequent agenda. We beheve that thIS was the intent ofMr McClmtock and involves motives
other than those as set forth In his correspondence
UltImately we have no doubt that the zoning variance will be granted. BOXIng through venues
such as ESPN brings posItIve attention to a community and generates interest, revenues and
enhanced community reputatIOn. No doubt you have seen how nationally and regionally televised
boxmg shows have lughlighted the communities that have been featured. Properly balanced and with
the planning and precautions required these types of events will enhance the fabric of an ever
growmg and drvers~fytng Boynton Beach.
Mr McChntock s motives in sending this correspondence become apparent when reviewing
the facts. The representatIon that there exists four months arrearage In rent totaling $40.000.00 and
that we are in the process of being evicted as a tenant are simply untrue In fact. counsel for Club
Ovation has repeatedly and in accordance WIth law adVIsed landlord of problems with the property
and we have accordmgly withheld certain rent as statutorily authorized. The landlord's
representations repeatedly made that repaIrs would be effected has not matenahzed.
Further comphcating tlus IS what we understand to be a pending foreclosure by one or more
of the mortgagees upon Gulfstream Mall and possibly an emergmg buyer who would prefer to be in
a position to release the center without being encumbered by eJustmg leases. We are also advised
that the center's cun'ent principals would stand to personally benefit by forestalling the foreclosure
and effectuating a sale and simultaneously eliminating Club Ovation a tenant. We are requesting that
our counsel investigate this and advise us as to our legal remedies If thiS proves to be true.
Additionally, we purchased this club a year ago from parties that have either a direct or
mdirect connection to the landlord. Many promises were made~ very few kept and we have continued
to invest our own capital in building what we beheve is an exciting busmess model.
Finally, Mr. McChntock' s representations concerning attracting elements not positive for the
City of Boynton Beach couldn't be further from the truth. In fact, parents typically drop then
YOUllgsters at the door for our yoWlg people's concerts and often themselves come in and enjoy the
music. Part of our concept lS to give these yOlUlgsters a healthy enviromnent to freely enjoy music
and give the parents the security of knowing that their children are housed In a. safe and secure
facdity and not out makmg mischief, Our secunty IS strong and we beheve our fellow tenants largely
support much of what we are doing.
Similarly boxmg typically attracts a sporting crowd with disposable Income who tend to
patronize sWTounding restaurants and other businesses both before and after events. We ask you not
to be misled by any self motivated comments that are contained in Mr McClintock~s
correspondence.
Smcerely yours,
Randy Grinter
Department of Engineering
and Public Works
PO, Box 21229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.pbcgov.com
.
Palm Beach County
Board of County
Commissioners
Karen T. Marcus. Chair
Tony Masilotti, Vice Chairman
Jeff Koons
Warren H, Newell
Mary McCarty
Burt Aaronson
Addie L. Greene
County Administrator
Robert Weisman
An Equal Opportunity
Affirmative Action Employer"
@ printed on recycled paper
May 15 2003
Mr Michael W Rumpf
Director of Planning & Zoning
Department of Development
City of Boynton Beach
POBox 310
Boynton Beach FL 34425-0310
RE Club Ovation
TRAFrlC F'ERFC'1MANCE STANDARDS ~E\;iEW
Dear Mr Rumpf'
The Palm Beach County Traffic Division has reviewed the traffic statement for the project
entitled Club Ovation, pursuant to the Traffic Performance Standards in Article 15 of the
Palm Beach County Land Development Code This project is summarized as follows.
Location
Municipality.
Existing Uses
Proposed Uses
New Daily Trips
Build-out Year'
3637 South Federal Highway
Boynton Beach
22 672 SF Nightclub
To Ho!d Boxing events for 500 seats once a week.
Generates about the same as the existing night club
2004
Based on our review the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County It is however suggested for the
city to monitor adequacy of parking spaces and the traffic operations in the vicinity of the
club during the events
If you have any questions regarding this determination, please contact me at 684-4030
Sincerely
INEER
,,/ v"l
Masoud Atefi,
Sr Engineer-
cc: Randy Grinler
File, General TPS Mun Trafic Study Review
v, 9'003
F \TRAFFIC\ma\Admin\Approvals\030405 doc
~f, Michael
From
Sent:
To
Subject:
Alfaro, Jose
Tuesday May 13 2003 2 44 PM
Rum f Michael
Club Ovation
Mike, I hope it is not too late. I researched the Ovation OL files and found that the Club capacity has been fixed at 1284
occupants as per building code requirements It appears that Fire code would allow up to 2160 occupants
Jose
1
~,(:.'-..~",O',,'.,... _
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rON '0
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
PO. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
www.boynton-beach.org
April 25/ 2003
Mr Randy Grinter
3637 South Federal Highway
Boynton Beach, FL 33435
Dear Mr Grinter'
The intent of this letter is to provide you with a status of the city/s progress in
considering code amendments and other requests related to indoor recreation and
"amateur and professional competitions" The City Commission is currently scheduled
to review the prerequisite code amendment on May 6/ 2003/ with final reading of the
ordinance scheduled for May 20/ 2003 The conditional use application for property at
3637 South Federal Highway, more specifically known as Club Ovation, has been
received in part, and is scheduled for review by the Community Redevelopment Agency
Board on May 13/ 2003 and by the City Commission on May 20/ 2003 As previously
discussed with you/ mailing labels and postage for conditional use review must be
received in time for processing and mailing on or by Friday, May 2nd If labels are not
received in time to meet this critical deadline, minimum legal advertisement
requirements cannot be met, and it would therefore be rescheduled for subsequent
hearing dates.
The review of these two items are currently scheduled for completion on May 20th/
however, the scheduling of any competitions at the subject property, prior to the dates
explained herein, would be at your own risk. Please understand that there is no
certainty that the items will be approved by the City Commission, or that the items will
not be tabled or postponed to future dates. Please also understand that no competition
can be held at the subject property until all approvals are granted
Please contact me should you have any questions on this matter
Sincerely,
A;~/l~
Michael W Rumpf
Director of Planning and Zoning
Cc James Cherof, City Attorney
MWR,pat
FACSIMILE
CITY OF BOYNTON BEACH
City Hall, West Wing
100 E Boynton Beach Blvd
POBox 31 0
Boynton Beach, Florida 33425
(561) 742-6260
(561) 742-6259 Fax
Planning & Zoning
DIVISion
FAX ~ 684-4123
TO Mr Msoud Atefi
FROM Sherie Coale
DA TE 4/30/03
NUMBER OF PAGES (including
cover)
J
RE Traffic Statement for Club Ovation
This is at the Gulfstream Mall on South Federal Highway, Boynton Beach
If you receive this fax in error, or experience trouble with transmission, please notify our office
immediately, at (561) 742-6260. Thank you
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DMSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL. 561 742-6260
FAX. 561 742-6259
www.boynton-beach.org
April 30, 2003
Mr Masoud Atefi MSCE, Senior Traffic Engineer
Palm Beach County Traffic Division
Department of Engineering and Public Works
POBox 21229
West Palm Beach, Florida 33416
Re Traffic Study Club Ovation
CODS 03-002
Dear Mr Atefi
The enclosed traffic generation statement, prepared by Randy Grinter,
was recently received by Planning and Zoning for the above-referenced
application Please review the enclosed information for conformance
with the County's Traffic Performance Standards Ordinance, and provide
Tim Large, Building Code Administrator and me with your written
response
If you have questions regarding this matter, please call me at (561)
742-6260
Sincerely,
~r!-Rit#tAfZ
Director of Planning and Zoning
MWR/sc
Docurrent1
April 21 ,03
Palm Beach County
Palm Beach County DIVISIon of Engmeenng and PublIc Works
Palm Beach County Traffic Performance
Attn - Mr Moussoud Atoueffi
RE - ApplIcation for change m "CondItional Use / Zoning"
Club OvatlOn, 3637 South Federal Highway, Boynton Beach,
FI ,33435 - currently operatmg business.
As per applIcation in and for the CIty of Boynton Beach, FI, Conditional Use and
Zornng Change / Vanance.
Leased space 22,672 sf / requrred spaces 227 / spaces available and approved 227
Requested new use conforms to eXIstmg traffic concurrency reqUIrement and is
a lower rmpact use.
Club Ovation as an Entertamment Complex seeks to change our current condItional use
as a "'Nightclub" to mclude mdoor ( amateur & professlOnal ) sportmg events /
competitIons of all kinds. Additionally Club Ovation seeks to get the Zoning in C3
modified to accommodate the requested modification in condItlOnal use.
Currently the Club is operatlOnal and enJoys a useful occupancy load m excess of what
the requested type of events would generally reqUIre. Essentially we are estimating that
our occupancy load will be reduced for most sportmg events / competitions by at least
10% For example after a "Boxmg Rmg", temporary seating, and appropriate Isles are
set up m the existing standmg room area of the main room, a SIgnificant percentage of
the available room has been expended and m turn reduces the occupancy of that room
and m turn the entrre facilIty We respectfully contend that the requested new use has a
reduced rmpact on all areas of the already approved use of the facility ( occupancy,
parkmg, traffic etc ) and therefore does not require any addItional study regardmg traffic
and parkmg. The facility currently meets a lugher standard dunng normal execution of ItS
approved use.
andy nter
Managmg Partner
Club Ovation Inc
3637 South Federal Highway
Boynton Beach, FI
561-740-7076
~K?c5
~f, Michael
From
Sent:
To
Cc:
Subject:
Rumpf Michael
Friday, May 09 2003 11 44 AM
Lamanna, Rosemarie
Greene Quintus
RE boxing ordinance
Jim, it looks good I wish I'd had it yesterday when finishing the conditional use
report for club ovation
I thought quick to get something down for discussion purposes and arrived at the
following for the report and conditions
1 Competitive or exhibition events held should be limited to either
activities/events sanctioned or permitted by a recognized regulatory
authority, and be recognized as a collegiate and/or Olympic activity,
competition, or event
This would cover us if the text did not get changed but of course would not be necessary
if the code is modified as you recommend The second part of is rather similar Mike
-----Original Message-----
From Lamanna, Rosemarie
Sent Friday, May 09, 2003 10 59 AM
To Rumpf, Michael
Subject FW boxing ordinance
-----Original Message-----
From Cherof, James [mailto jcherof@cityatty com]
Sent Friday, May 09, 2003 10 55 AM
To Lamanna, Rosemarie
Subject RE boxing ordinance
What did you think of the revised definition?
> -----Original Message-----
> From Lamanna, Rosemarie [SMTP LamannaR@ci boynton-beach fl us]
> Sent Friday, May 09, 2003 10 51 AM
> To 'jcherof@cityatty com'
> Subject FW boxing ordinance
>
>
>
> > -----Original Message-----
> > From Rumpf, Michael
> > Sent Friday, May 09, 2003 10 51 AM
> > To Cherof, James
> > Cc Lamanna, Rosemarie Greene, Quintus
> > Subject boxing ordinance
> >
> > Jim, disregard the previous message questioning
> > the athletic competitions use I'm fine with it
> have
> > been too tight MR
accessory use aspect of
The knee brace must
1
Coale, Sherie
From
Sent:
To
Cc:
Subject:
Rumpf, Michael
Tuesday April 22, 2003 12 40 PM
Coale, Sherie
Byrne, Nancy; Johnson Eric
COUS at Club Ovation
Sherie please do a timeline and draft an ad for this approval I would word the request on the ad for "Athletic
Competitions" Recommend that you use the previous one as a guide.
I anticipate the application that is being processed expeditiously per Kurt, will be submitted today by Randy Grintner less
the labels, etc. Let him know the last day they could be accepted to meet the legal deadline giving us as lease a day or
two to breath
I met with him this a.m to direct him one last time before submittal MR.
1