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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO PZ 03-078 :5- / f", , v-? .j II // ~ '\ fI" / t!.- r^-U? {)-r/J TO Chairman and Members Community Redevelopment Agency Board, and Planning and Development Board FROM Michael W Rumpf Director of Planning and Zoning DATE April 2, 2003 SUBJECf CODE REVIEW (CDRV) 03-002 Indoor Recreation Facilities REQUEST To amend the Land Development Regulations 1 Chapter 1 Definitions, by adding definitions for' "Athletic Competitions", "Amusement Arcade", "Billiard Hall", "Bowling Alley", "Gymnasium/Health Club", "Shooting Range, Indoor", "Skating Rink", and, 2 Chapter 2 Zoning, Section 6 C.1 m, by adding "Athletic Competitions" as a conditional use and creating separate use groups for indoor recreation uses and outdoor recreation uses NATURE OF REOUEST This request is staff-generated in response to a Commission directive The proposed amendment to the Land Development Regulations, Chapter 1 and Chapter 2 is intended to add a definition, including a list of uses, for "Athletic Competitions", and to insert "Athletic Competitions" as a conditional use into the list of permitted uses within the C- 3, Community Commercial Zoning district (Chapter 2, Section 6 C.1 m) The effect of the subject code amendment would be to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District (see Exhibit "A"- Locations for all C-3 and C-4 Zoning Districts with the City of Boynton Beach) BACKGROUND In January of this year, the City was requested to allow/permit professional boxing events at the Club Ovation nightclub located at the Gulfstream Plaza Shopping Center Page 2 CDRV 03-002 Indoor Recreation Facilities (3637 S. Federal Highway) The original nightclub approval, under the name of The Grand (a k.a Ozone), was granted by the City on October 17, 2000 The conditional use approval, however, was only for a nightclub, and since the City's Land Development Regulations do not currently allow professional boxing as a permitted use, the request was denied In presenting this request to the City, it was claimed that the Cities of Delray Beach and West Palm Beach both allow the subject boxing use This report includes suggested code language if the Commission desires to accommodate such uses, as well as information collected on these two other cities. Since the Boynton Beach zoning code currently does not specifically allow boxing as an allowed use, and taking into consideration the zoning of the proposed location, staff reviewed the C-3, Community Commercial Zoning District for possible changes. Chapter 2 Zoning, Section 6 Commercial district regulations and use provisions. Section C.1 (Uses permitted), item "m" currently reads as follows m Recreational facilities, including bowling lanes, billiard halls, health clubs, gymnasiums, tennis clubs, golf courses, miniature golf courses, shooting ranges (indoor only), skating rinks, and amusement halls Recreation facilities other than those which are listed above shall be conditional uses(*) Racetracks, go- cart tracks, and water slides shall be prohibited For clarity and simplicity, paragraph "m" is rewritten below to 1) create a separate group of uses to differentiate between indoor recreation facilities and outdoor facilities, 2) insert the new use called "athletic competitions", 3) add provisions for bars, lounges and musical entertainment and 3) add the conditional use mark represented by the asterisk ("*") ~ ii. Outdoor recreational facilities, including golf courses, miniature golf courses, tennis clubs and the like. Racetracks, go-cart tracks, and water slides shall be prohibited. 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 Page 3 CDRV 03-002 Indoor Recreation Facilities included in the zoning code and therefore, would also recommend that the following definitions be added to the Land Development Regulations, Chapter 1, Article II Definitions. ATHLETIC COMPETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. AMUSEMENT ARCADE - A commercial establishment containing four (4) or more video, pinball, or similar player-operated amusement devices, in any combination. BILLIARD HALL - A commercial establishment containing more than two pool or billiard tables for the use of patrons. BOWLING ALLEY - A commercial establishment that devotes more than fifty percent (50 %) of its gross floor area to bowling lanes, equipment and playing area. GYMNASIUM/HEALTH CLUB - An establishment designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities and operated either for profit or not-for-profit. SHOOTING RANGE, INDOOR - A facility designed or used for shooting at targets with rifles, pistols, or shotguns, and which is completely enclosed within a building or structure. SKATING RINK - A commercial establishment that provides facilities for participant skating which is completelY enclosed within a building or structure. ANALYSIS Entertainment-type uses are currently limited to "nightclubs" and "theaters and auditoriums" within the C-3, Community Commercial Zoning District, and "Arenas, stadiums, frontons, convention and exhibitions halls, and racetracks provided that all such uses have a minimum frontage of two hundred (200) feet on a collector or arterial road "within the M-1, Industrial District. Except for "theaters and auditoriums" within the C-3 district, all other uses listed above require conditional use approval Chapter 2 Zoning, Section 11 2 Conditional uses, defines a conditional use as " a use that would not be appropriate generally, or without restriction, throughout a zoning classification or district. Such uses however, if controlled as to area, location, number, or relation to the neighborhood, would promote public appearance, comfort, convenience, general welfare, good order, health morals, prosperity, and safety of the Page 4 CDRV 03-002 Indoor Recreation Facilities city " Conditional uses are reviewed against the twelve criteria listed in this same section, and facilitate the application of special conditions or requirements to ensure that any external impacts from the proposed use are considered and ameliorated For comparison, staff surveyed local governments to obtain their respective regulations. Delray Beach The City allows boxing events in privately operated stadiums and arenas, which are permitted as a conditional use in the Community Facilities (CF) zoning district. This district also allows governmental facilities and buildings, civic centers, cultural facilities, tennis centers, museum and swimming centers. (City staff could recall one boxing match being held at the City's Tennis Center) West Palm Beach Occasional competitions require a "Special Events" permit. Permanent structures housing those competitions are classified as Recreation, Indoor, which is not defined in the code The use is "permitted with extra requirements (PXP)" in the Professional Office/ Residential zoning district, and "permitted" in the Airport Commercial, Neighborhood Commercial, General Commercial and Industrial zoning districts. Neither of the cities cited by the applicant and contacted by staff, specifically address boxing as a permitted or conditional use Each considers the permitted facilities, which would be expected to host a variety of events that may include boxing, to be sufficient. RECOMMENDATION Staff recommends the adoption of the proposed amendments to the land development regulations as the minimum changes necessary to allow amateur and professional competitions, such as boxing, martial arts, and wrestling, subject to conditional use approval, within the C-3, Community Commercial Zoning District. By virtue of standard zoning structure, such uses would also be construed as conditional uses within the C-4, General Commercial Zoning District. Exhibits S. \Planning\SHARED\WP\SPECPROJ\CODE REVIEW\Indoor Recreation Facilities-Athletic Competitions\CDRV Staff Report.doc ~f, Michael /'jdl ~! -q (,1 ~~ From Sent: To Subject: Alfaro, Jose Thursday May 08 2003 11 57 AM Rumpf Michael RE. Club Ovation parking spaces Mike, I visited the Ovation site today and counted the spaces I found that indeed 54 new spaces were created at the rear but on the west side 5 spaces were deleted as a result of bringing the spaces up to code, all of that included in same permit 02-1237 Thus, the total of parking spaces is reduced from~~4 (less 5 spaces) to 489 as grand total still 2 spaces in surplus from the minimum required of 487 by the conditional use. -- Jose -Original Message----- From: Rumpf, Michael Sent: Wednesday, May 07,200311.26 AM To: Alfaro, Jose Subject: RE: Club Ovation parking spaces. Thanks much for the research assistance Do you know if the permit is closed following inspection and finals? MR. -Original Message----- From: Alfaro, Jose Sent: Wednesday, May 07,200310:53 AM To: Rumpf, Michael Subject: RE: Club Ovation parking spaces. The development order recognized the existence of 440 spaces 47 new spaces were required to satisfy the nightclub needs for a grand total of 487 spaces Permit 02-1237 created a total of 54 new spaces so the new grand total is (440 plus 54) 494 spaces Jose -Original Message----- From: Rumpf, Michael Sent: Wednesday, May 07,200310:37 AM To: Alfaro, Jose Subject: RE. Club Ovation parking spaces. Importance: High So the additional 47 is from the development order? And to bring the total count to how many 484?So they now have 491 (484 plus 7 = 491) Please confirm my understanding and math Thanks Jose MR. ----Original Message----- From: Alfaro, Jose Sent: Wednesday, May 07,20039'18 AM To: Rumpf, Michael Subject: Club Ovation parking spaces, Mike I reviewed the parking permit 02-1237 for Club Ovation The total number of new spaces created at the rear was 54 seven more than the required number of 47 Jose 1 DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 03-113 FROM Chairman and Members Community Redevelopment Agency Board (\~ fL Michael Rumpf Director of Planning and Zoning TO DATE May 6, 2003 Club Ovation (f k.a The Grand) - COUS 03-002 Conditional Use Approval - Athletic Competitions SUBJECT 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 of the Gulfstream Mall This bay was previously occupied by a Winn-Dixie 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 Zoning, 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, including nightclubs*, bowling alleys, billiard halls. health clubs/gymnasiums, shooting ranges (indoor only), skating rinks. and amusement arcades. Bars/lounges, musical entertainment and athletic comDetitions* 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 being proposed as follows ATHLETIC COMPETITIONS - Amateur and professional events to include but not be limited to boxing, cheerleading, dance, gymnastics, martial arts, and wrestling. elub 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 Grinter 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 right-of-way, F E C railroad tracks and farther west unincorporated vacant land zoned RS - Residential Single-Family STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11 2 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 Planning and Zoning 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 Dixie Highway, one driveway that provides access to the back of the mall buildings along the north and west sides of the property 2 Off-street parking and loading areas where required, with particular attention to the items in subsection 1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole Required parking for the Gulfstream Mall as a shopping center use is calculated at one space for every 200 square feet of gross leasable floor area The parking requirement for shopping centers takes into consideration a variety of uses and is intended to be an average of parking requirements for these uses. Total square footage for the Gulfstream Mall is shown as 74,290 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 nightclub, would operate after 7"00 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 retrofiNed 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 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 signage for the previous nightclub business has been removed leaving the existing nightclub currently without any building or site signage The only sign age 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 in the shopping center A building 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 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 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 following 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:\Planning\SHARED\WP\PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)\Staff Report-Club Ovation COUS 03-002.doc LOCATION MAP CLUB OVATION EXHIBIT "A" ~~-A I r- "I':: :s ':t: r L .. :J 5.0 E II / / , , I , I " ., / I / I / / , I / " ! / / / / ! n , 1---- r / I~ ;~~' I .~~~-- L.l____1 ~ / I I r~,- , i ~~,.---' 7 I iL \, ! 'j'--__,' i I~~,l , ~ LJ'_~-_\ --q... 'f~/I~J / ~- -4 / -- 'j' r -,..., 'c "1~=:::::1 \ r - . , I) J r-! ~~L I " I - i, i lnJ,! I--'-i I I~" '. ,T~L __! pL-_1-LL_, _---' L-- -__, u r '~ , , I I , I I I , I ! I I I ) r \ //- , rn -_0 , I .-.~" C\ I, :7_..... J - I .r'i = ; -.. , <:i I " I { ~i ~I <: ..... r. '-' ;:L >.., kJ "'-- -- ~ ~ z VJ >.... Q <: :::::, () ~ I .hJ;".., ~ I --.:. . ,e,. ~.._, II: ;[~~. 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"'''"." -".-, ~ ~ ", "" :' !-f'~-'-'~~~~~.~ "i :., "_ ~.. ~.~_ .. .. ~,~_ _ _----.,. ~ , '" ! - --- -.. --- -".... ,..-".- .. '- - - .. - .. 0_ , 'v --.:.. ......,.. ~, ~ gJO l~ I, I:; /" :n>\J),lU.. :s.,,;,~; . '..... (' Fji~ Z = 5 9Jo.. ~~ -(/) roc:> I~ x..- w~ w -.... ~ T ':: I ( !. ~ J0~ L ~ &;~~=, ><:--=-, i~:j i ~; ~~ ----:-"l .=-~ i ! I" 1! : ~i ! ~:, I ( I iH' !, I ..tl i: : ... If 'I ! i j ~l ' ~.. 1~ t t.... ; Z i ffH.i ~ J "1. l~ ; 1 ! l LJ i ~ ni; . '"t( t · li.h I ! ii{~ i i ~ j: i ~: r i~l i ), ":i. r 'W!1 ~ ini;' J ~! r . i j i ~ \ '- .. .) 'I II ' , ....<i c.~ ;'f~~l f' I' : . ~ "'::. \:, -:-~..J '\ .., ~ e ~~:~iE~ " ",' '1... ::'::' _ _ ~ ----- - -:[: =;:;~.l.~t \I~~~~:'", ., \ I :; -- ~.J . C , CJ "'~~HL,~ Ji ~~~ ~~~~ ~~ ... ,.... ~ ~ ~i~; :; ~ ~ Ht;; ""J ...."' ..... i-~7~s ! '" J" S~ ~ ~'~ ;;~:O ~ ; i ~ t IiI ~H, I :n~ 1 1: I t 1 fit ~ ~.1 !; -(i '1 ti , ~ ~ ! ~\ ~! l~ ~ I i .....~ t ~ J i ." ,.. I " r--- I ! I, llJ; t! ' " Ii i Illi \ . I~ .1 U Ii !I i ! I ! lL , , I' I 'j , /, ~ .~ ij"; ,~i ,?"'" I I 'e.1? I ';;-" "-"'_________ .---:-------- i ..-........, , , ~ i :i " .. ~ " 1: Q .. ,~ ~ I I i , I I i I I ,. '.. ; J .:l.i : i I: .i r g '!!;;lii:~:~:::~~::~,i!::::!~:':'j: I~:b,:m~i!:m~:~,::;:,';i;i !~.. - EXHIBIT "C" CondItIons of Approval PrOject name. Club Ovatlon File number CaDS 03-002 Reference' DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None PUBLIC WORKS- Traffic Comments. None UTILITIES Comments. None FIRE Comments. 1 A scaled drawmg of the seating & stage (ring) layout for each mdiVIdual event must be subrmtted to the FIre Marshal's office for approval pnor to tlcket sales for any event over 1000 patrons. POLICE Comments. None ENGINEERING DIVISION Comments. None BUILDING DIVISION Comments. 2. Submit a clear and legible floor plan of the nng and seatmg areas. AIsles, aIsle wIdth seating, aisle access ways, etc. shall comply WIth the requirements of Sectlon 1019 10 of the 2001 Flonda Buildmg Code where applIcable. All dImensIOns shall be clearly shown on the floor plan. 3 A floor plan and seatmg chart showmg the constructIOn of the nng and the locatIOn of temporary seating shall be reqUIred to be submItted to the Buildmg DIVIsion for review by the FIre Department and Buildmg DIvision personnel for applIcable code reqUIrements. 4 An occupancy load calculatlon will be requIred to calculate allowable occupancy load, as Club Ovatlon was built Wlth an open concert floor 5 AddItlonal electncal reqUIrements such as generators, lIghtmg, etc will be Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT reqUIred to be subrmtted along with the floor plan, and electrical penmts shall be secured by lIcensed contractors who will receIve applIcable mspections, 6 Dependmg on the occupancy load, the athletIc events floor plan and occupancy load will have to be checked to ensure that restroom facilItIes are adequate for the proposed occupancy load 7 HandIcapped accessibilIty shall be maintamed at all tImes, 8 Any necessary penmts shall be requested and Issued, and mspectIOns held and approved, pnor to holdmg any athletIc competItIOns. 9 LIcensed contractors shall file applIcatIOns, secure penmts and receIve all applicable mspectIons. PARKS AND RECREATION Comments. None FORESTERJENVIRONMENT ALIST Comments. None PLANNING AND ZONING Comments. 10 PrOVIde confirmatIOn that project meets, or IS exempt from revIew for county traffic performance standards ordmance 11 ApplIcatIOn (sIte plan) reflects old parkmg space data, revise and submit updated verSIOn showmg and tabulatmg current Improved parkmg spaces. 12. CompetitIve or exhibItIon events held should be lImIted to eIther actIVItIes/events sanctIOned or penmtted by a recognIzed regulanty authonty, and be recognIzed as a collegIate and/or Olympic activity, competitIOn, or event. ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments. 1 To be determmed. ADDITIONAL CITY COMMISSION CONDITIONS Comments. 1 To be determmed. S:\Planning\SHARED\WP\PROJECTS\Club Ovation (fka The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form,doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO 03-075 TO Mike Rumpf, DIrector of Planmn1\ ~ Zonmg Don Johnson, Buildmg OfficIal f'Y9 April 29, 2003 FROM. DATE SUBJECT CONDITIONAL USE OF CLUB OVATION FOR ATHLETIC COMPETITIONS- 3637 S FEDERAL HWY For the Buildmg DIVISIOn to support conditIOnal use approval for athletlc competltlons at thIS locatIOn the followmg will need to apply' I A floor plan and seatmg chart shoWIng the constructlon of the nng and the locatIOn of temporary seatmg shall be reqUIred to be submItted to the Buildmg DIVISIOn for reVIew by the FIre Department and Buildmg DIVISIon personnel for apphcable code reqUIrements. 2 An occupancy load calculatlon will be reqUIred to calculate allowable occupancy load, as Club OvatIOn was bUIlt wIth an open concert floor 3 Addltlonal electrIcal reqUIrements such as generators, hghtmg, etc will be reqUIred to be submItted along WIth the floor plan, and electncal permIts shall be secured by hcensed contractors who will receIve apphcable mspectlons. 4 Dependmg on the occupancy load, the athletlc events floor plan and occupancy load will have to be checked to ensure that restroom facihtles are adequate for the proposed occupancy load. 5 HandIcapped accessiblhty shall be mamtamed at all tlmes. 6 Buildmg, fire and electncal mspectlons shall be requested and approved pnor to holdmg any athletlc competltlons. 7 LIcensed contractors shall file apphcatlons, secure permIts and receIve all applIcable mspectIOns. DJ:rs XC Timothy Large, Buildmg Code Adtmmstrator Rodger Kemmer, FIre Plans Exammer/Inspector Steve Gale, DEP ChIef & FIre Marshal S'\Development\BUILDING\TRC\TRC 2003\Club Ovation-Conditional Use for Athletic Competitions. doc DEPARTMENT OF DEVELOPMENT BUILDING DIVISION MEMORANDUM NO 03-074 TO Michael W Rumpf Director of Planning and Zoning FROM Timothy K, Large ~ TRC Member/Buildi~ DATE April 25, 2003 SUBJECT Project - Club Ovation File No - COUS 03-002 151 review Buildina Division (Site Specific and Permit Comments) - Timothy K. Larae (561) 742-6352 1 Submit a clear and legible floor plan of the ring and seating areas Aisles, aisle width seating, aisle access ways, etc, shall comply with the requirements of Section 1019 10 of the 2001 Florida Building Code where applicable All dimensions shall be clearly shown on the floor plan rs S:IDevelopmentIBUILDINGITRCITRC 20031Club Ovation COUS 03-002 1st Revw doc Page 1 of 1 TRC Memorandum Page 1 of 1 --- Coale, Sherie From Hallahan, Kevin Sent: Friday, April 25 2003 11 17 AM To Coale Sherie Cc: Johnson, Eric Subject: 03-Club Ovation doc Planning Memorandum. Forester / Environmentalist To Michael Rumpf, Director ofPlannmg and Zonmg From, Kevm J Hallahan, Forester / Envlronmentahst Subject: Club OvatlOn Condltlonal Use - 1st ReView CODS 03-002 Date' Apnl 25, 2003 I have no comments on the proposed condItlonal use of the Club OvatlOn Site wlthm the Fontana Plaza. 1 At the tlme ofpemuts, the apphcant should show all of the approved landscape and lmgatlOn Improvements for the Fontana Plaza (prevlOus Gulfstream Mall) and restore mlssmg or dead trees / vegetatlOn, [EnVIronmental. RegulatlOns, Chapter 75, Artlc1e II Sec 7 C ] kjh Flle 4/25/2003 Coale, Sherie From Sent: To Subject: Johnson, Eric Tuesday April 29 2003847 AM Coale, Sherie FW TRC - Club Ovation Sherie, Please start a project Conditions of Approval Mike will appreciate your help Thanks Eric -Original Message----- From: Wildner, John Sent: Tuesday, April 29, 2003 8:44 AM To: Johnson, Eric Subject: RE: TRC Club Ovation Eric - The Recreation and Parks Department has no comments on Club Ovation at this time. John -----Original Message----- From. Johnson, Eric Sent: Tuesday, April 29, 2003 8 37 AM To Hallahan, Kevin, Wildner, John, Hall, Ken, Kelley, David, Kemmer, Rodger; Large, Tim, Byrne, Nancy, Logan, Laurinda Cc: Huntington, John Subject: TRC - Club Ovation TRC Members, Today at 11am we are going to review Mr Ginter's conditional use request for indoor entertainment (boxing) at Club Ovation As you know Club Ovation is located in an existing strip commercial center in the southeast portion of the City The City Commission has determined that the use (boxing) would be allowed as a conditional use This request is on a fast-track and will be going before the Community Redevelopment Agency and City Commission in very short time (politics) I believe Sherie Coale (Planning & Zoning) distributed the plans to you late last week. At today's TRC if you have not already please submit any comments that you may have regarding the conditional use I would anticipate that most of you won't have any comments But, I would suspect that Building, Fire, or Police may have concerns with the project. If you do have an issue please write it down submit it to Planning & Zoning and your comments will be included as project condition of approval at the public hearings This will be the only time for We are going to review this project at 11 am even if the applicant, Mr Ginter fails to show up We are sorry for the short notice Thank you very much for your consideration in this matter Eric Johnson, Planner 1 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO 03-076 TO Michael W Rumpf, Director of Planning and Zoning FROM, Laurinda Logan, P E, eivil Engineer DATE April 29, 2003 RE Club Ovation Standard Review Comments Conditional Use - 1 st Review File No. COUS 03-002 The above referenced Site Plans, forwarded on July 24, 2002, were reviewed against the appropriate requirements outlined in the City of Boynton Beach eode of Ordinances and Land Development Regulations This Department has no comment or objection to this application LUck Cc: Jeffrey R. Livergood, P E, Director, Public Works (via e-mail) Peter V Mazzella, Deputy Utility Director, Utilities H David Kelley, Jr , P E./ P S M , City Engineer, Public Works/Engineering (via e-mail) Glenda Hall, Maintenance Supervisor, Public Works/Forestry & Grounds Division Larry Quinn, Solid Waste Manager, Public Works/Solid Waste Ken Hall, Engineering Plans Analyst, Public Works/Engineering (via e-mail) File /-... '-- - 'D / ' 1 '~~-"- __. uD / ni 2 9 2c , " ;L.... ! PLANNINr AIm --1 / Z0"1IN'r n"'" J " , d,t!:..!..... S:\Engineering\Kribs\Club Ovation Conditional Use, 1st Review Comments. doc ,---- C.1'Y OF BOYNTON BEACH, FLORIDA INTER-OFFICE MEMORANDUM TO Michael W Rumpf DATE 4/28/03 Dlr of Planmng & Zomng SUBJECT Club OvatlOn FROM. Off. John Huntmgton REFERENCES Site Plan Pollee Department CPTED PractItlOner ENCLOSURES FILE COUS 03-002 I have viewed the above bmldmg plans and have the followmg comments No Comments CITY OF BOYNTON BEACH Fire and Life Safety Division 100 East Boynton Beach Blvd POBox 31 0 Boynton Beach, Florida 33425-0310 PLAN REVIEW COMMENTS For review of' COUS 03-002 15t review-fire Project Name and Address Club Ovation 3637 S. Federal Hwy. d-- ---,-,~ Reviewed by' Department: Phone (561) 742-6753 Comments to Sherie Coale by email on 4/23/03 CODE REQUIREMENTS We are m agreement wIth the proposed zonmg changes subject to the followmg: A scaled drawmg of the seatmg & stage (nng) layout for each mdlvIdual event must be submItted to the FIre Marshal's office for approval pnor to ticket sales for any event over 1000 patrons CondItIOns of Approval r yi~v ;/ JJ3. f!P1{.s EXHIBIT "C" PrOject name Club OvatIOn FIle number' CODS 03-002 Reference DEPARTMENTS INCLUDE REJECT PUBLIC WORKS- General Comments. None PL'BLIC WORKS- Traffic Comments. None UTILITIES Comments. None FIRE Comments. A scaled draWIng of the seatIng & stage (nng) layout for each IndIVIdual event /' must be subrrutted to the Fire Marshal's office for approval pnor to tIcket sales for any event over 1000 patrons. POLICE Comments. None ENGINEERING DIVISIOl' Comments. None BUILDING DIVISION Comments SubmIt a clear and legible floor plan of the nng and seatIng areas. AIsles, aIsle width seatIng, aIsle access ways, etc shall comply WIth the reqUIrements of SectIOn 1019 10 of the 2001 Flonda BuIldIng Code where applIcable. All dImensIOns shall be clearly shown on the floor plan. PARKS A~D RECREATIO~ Comments None FORESTER/ENVIRONMENT ALIST CondItions of Approval 2 I DEP ART"IENTS I INCLUDE I REJECT I Comments. At the tIme of permIts, the applIcant should show all of the approved landscape and ImgatlOn Improvements for the Fontana Plaza (prevIOus Gulfstream Mall) and restore mISSIng or dead trees I vegetatIon. [EnVIronmental. RegulatIOns, Chapter 7 5, ArtIcle II Sec 7 C ] PLANNING AND ZONING Comments. None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Comments, 1 To be determIned. ADDITIONAL CITY COMMISSIO,," CONDITIONS Comments 1 To be determIned. S:\Planning\SHARED\WP\PROJECTS\Club Ovation (tka The Grand, Ozone, Orbit)\Condition of Approval 2 page -P&D ORA 2003 form.doc