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CORRESPONDENCE c. (tJb. o "L;f[""" ~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 ~,\~.Yor- -.~'.'......'~U-- -........ <:0-" ---::. o - (; J- ,,' 7 IV . \;,.' 10;'" 0 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 K~t3~~ 1o{61 03 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 \Ql6' alA/\- ~;O~ ~ ~ ~ ~ -r:L-A.,~_I1_ l~ ~ '-~) Q'~ ft.L.-~ ---:~- Pl~ If you receive this fax in error, or experience trouble with transmission, please notify our office immediately, at (561) 742-6260 Thank you ..,1 ~" FROM r PHONE NO. 4072799069 Jun. 03 2003 03 5.F~ F0~ I I (' ;" I .., , " .w J_C",..:r " ~)(' 7C/.:l .'"1' ~.S If ~rr/rm ~ e,t a:t?'inYlP/ ,AI,:Je llk7nn'"f; .])11. 1 fJj~YIJ (.z~ -:;;; wAum J m~ (J01?(Je/Vl?) r~~_.6~ ~I'd /tal- /f,'~.Je,~~ I~.j/n M - ~~ .,to &"'n/r ~~~1A-~.... t.,A.. t.Jh/ch Q. $7 ~ ~e1 ;( ?h.e G~~un wad ~ea;/d? .. l~ 3'0/ ~o~ ?!l~~~ '1~:Ja~J' ~,(;~-~J n:;,,,:.r~. 33~SS-. . / 1 . J/ V - ifm.fap<2. ~"._ l.I'/) k!Jo rue.l.iMn .-.In'n , .i at a,.~'em ~'U47c! on ";1Mo ~~~~ ~l11.<'~, I J:uye_ 3)_ ;;003 ~ 7.~ to a.?J?en,R~: &J,1A?-1l::._.. C( ~~. ~ Jt,e ~~/1~ ~ 'JA~~~' j'hoVldr'7J ~ a<~~~:!9J1A . . rMn~d!l:hcf c?.hY'~ .Q. Zon,'!J SI'-'''-1fcm G..C/..>>) ,. cJ!z:~~~~;,,,).. I "'. 6r' . ?Ifrl ~. ~~ ~<'.; . ." . _ ~= 1ArJ:""""'// ~J:~:;~7 /h;o.-oj;:l.':J<n7~~ ~~. !; ;z:;~~~ ~&;>a.. I. ~7" 11 · c2~~r.. . ., I'm.' .A." ~l.Q..flf ~;t"t<AX .d~~~~"',. <lV:Y..1- -~~ ._~ ,....; -," --"""'!--:'.. ....... .,I Palm Beach County - Property .lo oprmser - Property Search System Page 1 of 1 ~("'" 0 if<<-~ ?J,,'.~~ ~' II. 'w ~ 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 I Home! I Back! I Search I ~~ Please send us your feedback Copyright @ 2002 by Palm Beach County Property Appraiser All Rights Reserved http.l/www.copalm-beach.fl.us/papa/mam/papa _search Jesult.asp 6/4/2003 Palm Beach County Property t- 1')ralSer Property Search System Page I of2 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 Plat/Book/Page Zoning Variance Fire zone C3 COMMUNITY COMMERCIAL Press Enter to continue F3=Exit F4=Appl inq F8=Misc info F13=Disp sections F15=Valuations F10=Legal desc 6/03/03 11 34 49 Person/Company P Phone 561 735-4512 More F12=Cancel F17=User defined FROM ,... t t , To .. M.I"kr;: ht!m7 ..M /.,.0/7' (e..: t I ,~ i - I ! \ I /..,.. ; .;' PHONE NO. 4072799069 Jun. 03 200:3 03 ';lFIV P) Kvrnp.f" RiB. /r/ OVA7/"^, / (;UffsTIe'':Am.. fI)A// ~ "\ ! i I I .-.... .:.~-_._--:--..._.~ 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 ~..\,rY or, ..:. :7'::: ~. <:0 =:,,',',,', : ~22'...,=, ,~,....~ ::. o .. c ).- "'" 'V '" \;,.' 10," e 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 E-MAD.: IVI..FSTAEAMM~~AOL.CO"~ "roM thB .. at -..... HARVEY H MauNTtX'K \'Al! 1. f/(L#f( rJMU/ v~ h/ facsimile transmittal . . . . . . . . . ~~ )-;:~ ----- .- T.: IIr ,.... N. T.... f91: 742.60U PNIII; r.ta: Mtay 20. 2003 ...: .... ct.,. .....; 2 . ~: --~."_Ir:ar~". --Au'"' . . . C]~ [],.. .... [J ..... ~ 0 ..... .....' c "- ..,.. RECEIVED MAY 20m ellY MANAGER'S OFFICE ,,,"eI'I""" .. ... ........... .... ....40 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 Boynton Beach. ~ ever, 'M: wh~ . cootinuecl positive re1ation..lllhip v.i,th th~ City of Boyn.Wn. h and fo~ yOm" consider.ti0l11n thi, JUtter r' I l .i . J-" . c tr'--; Property MIIDIgW, Gulfstram M:all Vental'e Realty me. A FontmaPlau, Ltd. Cc: Mayor Oa8ld Broadna MembeJ:s of the City Conunillion Kurt 8ressaa', City ~ Mae Rump Mitch Pain l;:;1Il __ ~.~Vll'tUlNJWIn~V15Y\1'QJtTI\M.I\\Ctt, ~~.... ')jlQS -"..100 06/05/2003 00 54 156173~-~32 .. F~ T" ~ ~ ~ .~ ,I , ill ~ , '. '1'- .il VENTURE REALTY T~~ PACiI e'. ]Ioln, m 2ee'3 ~3:S'J:1 '~!l ~ I t P1iD'E NO. : 4672,-s_9 ...,.-' I ~ I _ ">> I A.,t ;o.J.J. _ ,:.b',/ ;;:.1 /i!l/,*:;;;:;);~. ~J ;' .J~' .,hile 71i~*'~!'~ .1.i "',(Q'I11 3',.,.,~ (}.t)"U,1eM'7 J ' ~ ., ~"-,... .ufk,~ .,KJ- If,'IJ;;;.r '/fI.r..n IA - - . ~;;;;.J) -to tt./' . ~~~.~~l&l t.;f'A.. .... 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I.; _ MV COMMIS'SION , DO 208518 . . . - EXPIRES: Seplamber'1, PfJfl . I!cIMIId fhru NaIGIy FIllil~ IJrrlllwlllln , . III". ~ II r , I ~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',,'.,... _ <:0 - -t)-, ,~ o " 0 r- t>- I" ' (.' 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