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APPLICATION .. . of PROJECT NAME: Bru's Koom LOCATION: 1333 N. Congress A1"enue PCN: 08-43-45-19-05-015-0020 I FILE NO.: MSPM 06-004 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Bru's Wings Inc. Charles Putman ADDRESS: 5476 West Sample Road ADDRESS: 4722 NW Boca Raton Blvd Margate, FL 33073 Suite CI06 Boca Raton, FL 33431 FAX: 954-935-5600 FAX: 561-994-0447 PHONE: 954-968-1050 - PHONE: 561-994-6411 E-Mail: chasputman@aol.com SUBMITTAL / RESUBMITT AL 8/16/06 1 ST REVIEW COMMENTS DUE: 9/1/06 PUBLIC NOTICE/ SIGNS 30 days /10 days IPARC: TART MEETING: 9/19/06 LEGAL AD 10/14/06 PLANNING & DEVELOPMENT BOARD 10/24/06 MEETING: COMMUNITY REDEVELOPMENT AGENCY BOARD CITY COMMISSION MEETING: 11/21/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Bru's Room\New Applications\MSPM 06-004\2006 PROJECT TRACKING INFO.doc rr'~- ---, I' 11 \'1' re' r-~,l 'WI .'" 'I ~~I '- ,'--..--Ll!;"',: AUGI67') 1:- !.. . Dat: ~ fILilNNII~I., kND ZONING DEPT City Codes Accessed via Web site www.bovnton-beach.org www.amlega1.comlboynton_beach_fl.us Has applicant attended a pre-application meeting? CITY OF BOYNTON BEACH, FLORI PLANNING & ZONING DIVISION CONDITIONAL USE APPLICATION NOTE: This form must be filled out completely and accurately and must accompany all applications submitted to the Planning Division (two (2) copies of application required). 8ru~ ,.(.00()1 5PoR..T5 GJ:< ILL C HA 'R.LE:,S PUTmO tJ 4'l~d... NW BOCQ RA1DlV BLVD. SlL C-/O~ Boca RATON I FLOR./ DA 331./3/ (SG.I) 9qlJ~(pl.fll (5~I) 994- OLf4'7 chaspu-rmA tV e ;\0(.. c.orY) . PROJECT NAME: AGENT'S NAME: ADDRESS: PHONE: FAX: E-MAIL: OWNER'S NAME: (or trustee) ADDRESS: PHONE: FAX: PROJECT LOCATION: Bru'5 WINGS ::rrJC. 5J.f'7C, WE-ST sAmPLt,;., R.OAD, MAR..Gf4~ I PL 33073 (95ij) 9Ct,f)- /050 CQS4) q35- 5~OO /333 NOR-TH CGAiGR.E55 AVGNUr.;; R> oyrJ70tJ BeOc..J-l, r L 3'3 i..f ~(p (not legal description) PCN NUMBER: Ofj-J..j3 -45 -/9 -os -0/5 -ooao CORRESPONDENCE ADDRESS: * ( see A (;E/J T A 0 () ~ c SS ) (if different than agent or owner) *This is the only address to which all agendas, letters and other materials will be forwarded. Applicant's Name: Auc..u ST /(" ~OOG. 60 b B Q U D2 ) 1\) SKI Date Submitted: Applicant's Address: 5LJ?(P WEST SAmPLE ~O^ D MAR.GA~ I FL 330'73 Fax: ( 954) c q ~ Lf) 9to8- 1050 Q3S- SCoOO Phone: Legal Description: SGG /..JrrHCH G D Project Description: Gx/snNG f<.E'5/AuI2.ANT 70 HA-V!:::.. LIVE:, GN~TA/NMGNT "~ ~\2k- Agent Signature The Owner has hereby designated the above-signed person to act as his agent in regard to this petition. (To be executed when Owner designates another to act on his behalf.) 2 5. If a corporation or other business entity, the name of the officer or person responsible for the application, and written proof that said representatives have the delegated authority to represent the corporation or other business entity, or in lieu thereof, written proof that he is in fact an officer of the corporation. b. Legal survey, prepared by a surveyor registered in the State of Florida, showing an accurate legal description of the subject property, and the total acreage computed to the nearest one- hundredth (11100) of an acre (these two surveys are in addition to the surveys required on page 6 of this application, Sec. III. 19.). c. Vicinity map, showing the location of the subject property in relation to the surrounding street system. ill. SITE PLAN REQUIREMENTS v' v v v v -../ V f\JIA , v tV/A I Twelve (12) complete, assembled and stapled sets of plans shall be submitted. All drawings shall be scaled and the maximum size sheet shall be 24" x 36". The following site information shall be shown on the submitted plans or where applicable, separately submitted. Incomplete site plans will not be processed. (Please check) 1. Boundaries and dimensions of the parcel. 2. Scale, graphic scale, north arrow, and date. 3. Adjacent properties or land uses. 4. Pavement edge and/or right-of-way lines for all streets, alleys, sidewalks, turn lanes, driveways and unimproved rights-of-way within one-hundred (100) feet ofthe site. Also, names of adjacent streets and rights-of-way. 5. Location of all proposed structures, and any existing structures that are to remain on the site. 6. Setbacks of all structures (over 3 ft. in height) from property lines. 7. Use of each structure, indicated on the site plan. 8. Number of efficiency, I-bedroom, 2 bedroom, etc, dwelling units in each residential structure, to be indicated on site plan. 9. Indication of height and number of stories of each structure. 10. Indication of structures, equipment, etc., above 45 foot height, including height in excess of 45 ft. 4 v ./ \/' -/ tV/A v" (\/ fA . v v v v NjA N1A V V 11. Floor plans or typical floor plans for all structures. 12. Finish floor elevations of all structure. 13. Uses within each structure, indicated on floor plans. 14. Elevations or typical elevations of all structures; including materials, surfaces, including roofs. 15. Indication of the numbers and types of recreational facilities to be provided for residential developments. 16. Indication on site plan of location, orientation, and height of all freestanding signs and wall signs. 17. Location of walls and fences, and indication of their height, materials, and color. 18. A landscape plan, showing conformance with the Landscape Code and Tree Preservation Code, and showing adequate watering facilities. Plants must be keyed out according to species, size and quantity. 19. A sealed survey, by a surveyor registered in the State of Florida, and not older than six (6) months, showing property lines, including bearings and dimensions, north arrow, date, scale, existing structures and paving, existing elevations on site, rights- of-way and easements on or adjacent to the site, utilities on or adjacent to the site, legal description, acreage to the nearest one-hundredth (1/100) of an acre, location sketch, and surveyor's certification. Also, sizes and locations of existing trees and shrubs, including common and botanical names, and indication as to which are to be retained, removed, and relocated, or replaced. 20. Location of existing utility lines on or adjacent to the property to be indicated on the site plan, in addition to being shown on the survey. Also, location of existing fIre hydrants on or adjacent to the site. 21. Location of additional fIre hydrants, to meet standards set forth in Article X, Section 16 of the Subdivision and Platting Regulations. 22. Fire flow calculations justifying line size for both on/off site water lines. 23. Sealed engineering drawings for proposed utilities, as per City specifIcations. 24. Information regarding form of ownership (condominium, fee simple, lease, etc.). 25. Location and orientation of garbage cans or dumpster facilities. All garbage dumpsters must be so located to provide direct access for the City front-endloaders, and the dumpster area must be provided with adequate width and height clearance. The site must be so designed to eliminate the necessity for the front-end loader to back into any street. If any use requires the disposal of wet garbage, a ten foot by ten foot (10' x 10') concrete slab shall be provided. All dumpsters must be screened and 5 ~ ~ ~ landscaped in accordance with the City Landscape Code (see Sec. 7.5-35(1)). A minimum 10- foot wide opening is required for dumpster enclosures. 26. A parking lot design and construction plan showing conformance to the City Parking Lot Regulations, and including the following information. Any exceptions to the Parking Lot Regulations that are proposed for that are continued will require an application for variance to the Parking Lot Regulations. a. Location of all parking and loading facilities. b. A parking lot layout plan, including curbs, car stops, and double striping. c. A cross-section of materials to be used in the construction of the parking lot. d. A lighting plan for the building exterior and site, including exterior security lighting, and lighting for driveways and parking lots; to include the location of lighting standards, direction of lighting, fixture types, lamp types and sizes, and average illumination level(s) in foot candles. e. Information showing conformance with the City Street and Sidewalk Ordinance, including construction of sidewalks along adjacent public streets. f. Location of existing and proposed public and private streets, including ultimate rights-of-way. g. On-site traffic plan, including arrows and other pavement markings, traffic signs, and stop signs at exits. h. Location of handicap parking spaces, plus signs and access ramps, consistent with the State Handicap Code. 1. A drainage plan for the entire site, including parking area; to include finish grade and pavement elevations, drainage calculations, and details of the drainage system. If the total impervious area on site exceeds twenty-five thousand (25,000) square feet, then drainage plans and calculations must be prepared by an engineer registered in the State of Florida, and must be sealed. Percolation tests must by provided with drainage calculations. J. Existing elevations on adjacent properties, and on adjacent rights-of-way. 27. Where conformance with the County's Environmentally Sensitive Lands Ordinance is required, an Application for Alteration of Environmentally Sensitive Lands (Environmentally Impact Study) must be submitted to the Palm Beach County Department of Environmental Resources Management (copy to City) prior to or concurrent with the submittal of the site plan to the City. 28. Submit a traffic impact analysis for the proposed use. The analysis shall comply with the Palm Beach County Traffic Performance Standards Ordinance. Six (6) copies of the analysis shall be submitted with all conditional use applications. 6 NOTE: Failure to submit traffic impact analysis in the manner described above may delay approval of the site plan application. ~ 29. In addition to the above requirements, the following items shall be submitted to the Planning and Zoning Division no later than the site plan deadline: a. One copy of colored elevations, not mounted, for all buildings and signage to be constructed on site. These elevations must be of all sides of each type of building and signage proposed and the colors proposed must be accompanied by a numerical code from an established chart of colors. b. Elevations must also include information related to building materials. All elevations must be submitted on 24" x 36" drawings. Buildings constructed will be inspected on the basis of the elevations submitted to the City and approved by the City Commission. Failure to construct buildings consistent with elevations submitted will result in the Certificate of Occupancy being withheld. c. A transparency of the site plan (maximum size of 8-112" x 11 ") or 8-112" x 11" reductions of submitted plans to be used at public hearings. However, the Planning and Zoning Division will not be responsible for poor quality transparencies which result from the submission of poor quality site plan blueprints, and poor quality transparencies will not be presented to the Planning and Development Board or CRA and City Commission. d. Colored photographs of surrounding buildings (minimum size 8" x 10") in digital format (JPEG). / 30. Any other engineering and/or technical data, as may be required by the Technical Review Committee to determine compliance with the provisions of the City's Code of Ordinances. Any of the above requirements may be waived by the Technical Review Committee, if such information is deemed to be non-essential by the Committee. IV SITE DATA The following information must be filled out below and must appear, where applicable, on all copies of the site plan . 1. Land Use Cates!:Orv shown on the Comprehensive Plan Future Land Use Map: L oca L RSrA / L (J0rr70) E.lJ2LO l ( I- R. L ') 2. Zonin~ District Commun 11'1 Co c:mlfneA,ci Q L (C.3'1 7 3. Area of Site 4. Land Use - Acreaee Breakdown: a. Residential, including rJ)A acres Iv A % of site surrounding lot area or grounds b. Recreation Areas · (excluding water area) + acres + % of site c. Water Area acres % of site d. Commercial KesmuronT acres tJ };~ acres 100 NA % of site e. Industrial % of site f. PubliclInstitutional acres % of site g. Public, Private, and Canal Rights-of-Way acres % of site h. Other ( specify) acres % of site 1. Total area of Site J. Co 3 acres 100% of site Including open space suitable for outdoor recreation. and having a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover a. Ground Floor Building ("building footprint") 9,(p93 sq. ft. 13 % of site Area b. Water Area r\/JA sq. ft. NJA . % of site c. Other Impervious Areas, including paved area of public & private streets, paved area of parking lots and driveways (excluding landscaped areas ) and sidewalks, patios, decks, and athletic S ~ I '1 '3 5 courts sq. ft. % 7 ~ of site. d. Total Impervious Area Co ~ '11 8 , sq. ft. '8.S % of site e. Landscaped Area Inside of Parking Lots (20 sq. ft. per interior parking space required--see Sec. 7.5- 35(g) of Landscape Code). ~J 4 (p '-I _ sq. ft 4 ( ;La sF y. " '3 s pac.es ::: I, 3 Go 0 s ~ RE:fS) U I f<.E.-O) f. Other Landscaped Areas, excluding Water Area ;2. ~ ?s 4 sq. ft. 3 8 % of site % of site g. Other Pervious Areas, including Golf Courses, Natural areas, Yards, and Swales, but excluding Water Areas 5, q, 8- sq. ft. <B' % of site h. Total Pervious Areas /OJ "~(p sq. ft. IS % of site 1. Total Area of Site '73, / 'i J...f sq. ft. 100% of site 6. Floor Area a. Residential rJA sq. ft. b. CommerciaVOffice sq. ft. c. IndusniaVVVarehouse sq. ft. d. Recreational sq. ft. e. PubliclInstitutional sq. ft. f. Other (specify) K~5rnutAtJ7 '6/ 953 sq. ft. g. Other (specify) ACCe ssOR.\j BLDG. ?l.jO sq. ft. h. Total Floor Area 9, C. q 3 sq. ft. 7. Number of Residential Dwelling Units a. Single-Family Residential f\J JA dwelling units b. Duplex dwelling units c. Multi-family (3 + attached dwelling units 1) Efficiency dwelling units 2) 1 Bedroom dwelling units 3) 2 Bedroom dwelling units 4) 3+ Bedroom dwelling units d. Total Multi-Family dwelling units V' e. Total Number of Dwelling Units 8. Gross Densitv to/A dwelling units per acre 9. Maximum Heieht of Structures on Site J 8 / If 4eet- I stories 9 10. Required Off-Street Parkin I! Calculation of Required Parking Spaces Off-Street Parking Spaces Number of Off-Street Parking Spaces Provided on Site Plan / SPAC6 / ~,5 seOTS J10 I<-€-G; UJ~ED J 3'-1 PR.OV I DE- D RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings, engineering, and other data submitted with this application for review by the City of Boynton Beach shall be reviewed by the various boards, commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications, drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in violation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance, and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim, liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this -;:I1:uYu'OV Q. JuAAfft Witness < V,v-:;e~ W' ess 10 City of Boynton Beach Building Division RESIDENTIAL & COMMERCIAL PROPOSED BUILDING PROJECTS Name of Project: BA.U6 f<.()()/YI SpOR\ 5 GA..i LL Type of Project (Residential/Commercial): C.om meR.C.;L G. L Description (town homes, condos, single-family, etc.) Ke ~TA L-\.rQ\,n T (office, retail, warehouse, restaurant, office, etc.) Number of Dwelling Units/Bays tV I A Number of Buildings (estimated) I Square footage: 1'] 5 Valuation: Ij. ~ do 0 J 0 0 0 Building Permit Application Submittal Prior to October I, 20_? (Yes or No)_ Proposed Construction Start Date ;:; A tV LA Q,Q, y) ~ 0 0 'J City/State/Zip Code: -:SOH N L J N K EI'<.. ::SOtJAT7-fAN THomaS D~VE:.LDPE.!r<.S P.O. BOy.. seX:)'7 0 L1Gt+THOU:5 E- PO/N T F L 3'3D7/...f . CJ:3 [- 'f5 '87 'J (cell) Name of Agent: Address: Phone: C95 'f ) Bru'5 WINGS :INC.. J Bob BR,UDZIN sK i . 51../7 (p WE.ST SArY1PLS R.ood 3'30'73 q fs, ~ -) 0 50 (cell) (95 L/) 9 J 'f - 9 d. 90 MAR.GA~ I ~L Name of Owner: Address: City/State/Zip Code: Phone: (qS4) 14 Bru's Room Sport's Grill LEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE NORTH 00' 59' 39" WEST, A DISTANCE OF 1242.20 FEET TO A POINT; THENCE NORTH 89' 46' 34" WEST A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00' 59' 39" WEST ALONG SAID WEST LINE A DISTANCE OF 2145.01 FEET TO A POINT; THENCE SOUTH 88' OS' 26" WEST A DISTANCE OF 10.00 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: THENCE CONTINUE SOUTH 88' OS' 26" WEST A DISTANCE OF 328.87 FEET TO A POINT; THENCE NORTH 00" 59' 39" WEST A DISTANCE OF 472.86 FEET TO A POINT ON THE SOUTH LINE OF BOYNTON CANAL; THENCE NORTH 88" 05' 26" EAST ALONG SAID SOUTH LINE A DISTANCE OF 328.87 FEET TO A POINT; THENCE SOUTH 00" 59' 39" EAST A DISTANCE OF 472.86 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL OF LAND: A PARCEL OF LAND IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 00' 59' 39" WEST, ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 1242.20 FEET; THENce NORTH 89' 46' 34" WEsr A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00.59' 39" WEST, ALONG SAID WEST LINE A DISTANCE OF 2145.01 FEET; THENCE SOUTH 88' OS' 26" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00' 59' 39" WEST A DISTANCE OF 257.50 FEET, THENCE SOUTH 88' OS' 26" WEST A DISTANCE OF 291.87 FEET; THENCE SOUTH 00' 59' 39" EAST A DISTANCE OF 62.67 FEET; THENCE SOUTH 88' OS' 26" WEST A DISTANCE OF 37.00 FEET; THENCE SOUTH 00" 59' 39" EAST A DISTANCE OF 194.83 FEET; THENCE NORTH 88' OS' 26" EAST A DISTANCE OF 328.87 FEET TO THE POINT OF BEGINNING. PARCEL 2: TOGETHER WITH THE PERPETUAL, NON-EXCLUSIVE RIGHT, PRIVILEGE AND EASEMENT FOR THE BENEFIT OF PARCEL 1, TO USE THE PARCEL OF LAND DESCRIBED BELOW FOR THE PURPOSE OF VEHICULAR INGRESS TO AND .EGRESS FROM THE PROPERTY DESCRIBED IN PARCEL 1, SUBJECT TO THE TERMS, PROVISIONS AND CONDITIONS SET FORTH IN THE INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 3489, PAGE 59, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, AND ACCESS EASEMENT DESCRIBED AS: A PARCEL OF LAND LYING IN SECTIN 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE NORTH 00. 59' 39" WEST, A DISTANCE OF 1242.20 FEET TO A POINT; THENCE NORTH 89.46' 34" WEST, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00' 59' 39" WEST ALONG SAID WEST LINE A DISTANCE OF 2055.00 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING EASEMENT DESCRIPTION: THENCE SOUTH 88' OS' 26" WEST A DISTANCE OF 338.87 FEET TO A POINT; THENCE NORTH 00' 59' 39" WEST A DISTANCE OF 90.01 FEET TO A POINT; THENCE NORTH 88' 05' 26" EAST A DISTANCE OF 338.87 FEET TO A POINT ON THE AFOREMENTIONED WEST LINE; THENCE SOUTH 00' 59' 39" EAST ALONG SAID WEST LINE A DISTANCE OF 90.01 FEET TO THE POINT OF BEGINNING PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCEL 1, AS CREATED BY THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT DATED SEPTEMBER 22,1988, IN OFFICIAL RECORDS BOOK 5821, PAGE 1318, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SUBJECT TO THE TERMS, PROVISIONS AND CONDITINS SET FORTH IN SAID INSTRUMENT. '" CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSULTANTS PLANNING I ZONING I PERMITTING Boca Raton I (561) 994-6411 Fax I (561) 994-0447 August 16, 2006 Kathy Zeitler City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 ill AlJG I 6 2006 ~oo .,J,i\ PLANNING AND ONING DEPT RE: CONDITIONAL USE/SITE PLAN APPLICATION BRU'S ROOM PROPERTY - FILE #: COUS 05-009 Dear Kathy: Pursuant to our various meetings and conversations, we are herein transmitting 12 copies of the updated Conditional Use/Site Plan applications for the Bru's Room property on Congress Avenue. As you will recall, this petition was initiated several months ago and the package is in response to the City's request for additional information and project details. As presented in the initial project application, we are asking for approval of: . A Conditional Use to allow live entertainment in the Bru's Room restaurant. Per Staff's request, all entertainment will be indoors in the "New Lounge" area. . A Site Plan Modification to allow an additional 775 quare feet to be added to the current restaurant building and to replace an existing awning with a more permanent roof structure on the outdoor bar. The outdoor bar will not be fully enclosed. As part of this re-submission we are including a Traffic Analysis and a Noise Study both confirming that no negative impacts will be generated from the proposed project. Also, included is a statement from the project engineer confirming that there will be no negative impacts on utility service or drainage resulting from the proposed building expansion. This transmittal also includes our specific responses to the issues raised in the September 16th, 2005 Staff Report as well as our compliance responses to the Conditional Use Criteria. I hope this submission gives you the information you need to complete your review. Please let us know if you will require anything further. Sincerely, CHARLES PUTMAN & ASSOCIATES, INC. Ci~~tv \{ ~ Charles Putman ZeitterLtr.wpd 4722 N.W. Boca Raton Boulevard I Suite C1 06 I Boca Raton, Florida 33431 COMPLIANCE WITH CONDITIONAL USE CRITE BRU'S ROOM PROJECT - COUS -05-009 r r--.-~ -:::--,c --. ! I; ~'J7 'ID)r~ ---.- ; Ii i : Urll', ~J j - L_<_<________ PI ,t,t~:~1~1(; AND ZONING DE!'f st 15, 2006 Page 1 .. -., STANDARDS FOR EVALUATING CONDITIONAL USES: Satisfactory provisions have been in the project relative to the following criteria: 1. Ingress and egress to the subject property and proposed structures theron, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The subject properly is an existing use with excellent access and circulation. The approval of the Conditional Use request will have no negative impacts on existing conditions. See enclosed Traffic Analysis and Noise Analysis. 2. Off-street parking and loading areas where required, with particular attention to the items in subsection D.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. The project is existing and has sufficient parking and loading. It is part of a commercial corridor. A separate Noise Analysis and Traffic Analysis is provided herein confirming no negative noise impacts. 3. Refuse and service areas, with particular reference to the items in subsection D.1 and D.3 above. Service is currently provided. No change is proposed. 4. Utilities, with reference to locations, availability and compatibility. No negative impacts on existing utility services. See enclosed letter from the project engineer providing this confirmation. 5. Screening, buffering and landscaping with reference to type, dimensions and character. No changes or impacts. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. No signage or lighting changes are proposed. CHARLES PUTMAN & ASSOCIATES PLANNERS I LAND DEVELOPMENT CONSULTANTS Boca Raton, Florida I (561) 994-6411 .. ~" COMPLIANCE WITH CONDITIONAL USE CRITERIA BRU'S ROOM PROJECT - COUS -05-009 August 15, 2006 Page 2 STANDARDS FOR EVALUATING CONDITIONAL USES: (con't) 7. Required setbacks and other open spaces. The proposed project addition is compliant with required setbacks. 8. General compatibility with adjacent properties and other property in the zoning district. The existing project is compatible with other uses in this commercial corridor. 9. Height of buildings and structures with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole. Not applicable - no change. The existing building is one story. 10. Economic effects on adjacent and nearby properties and the city as a whole. The approval of this request will allow 775 square feet to be added to the existing restaurantfacility. This increase will result in a small increase in tax revenues to the City. Other than this minor impact, it is not anticipated that there will be any significant economic impacts. 11. Conformance to the standards and requirements which apply to site plans, as set forth in Chapter 4 of the City of Boynton Beach Land Development Regulations. The project currently exists. The minor plan change is compliant with the City's site plan criteria. 12. Compliance with, and abatement of nuisances and hazards in accordance with the performance standards, Section 4.N of Chapter 2; also, conformance to the City of Boynton Beach noise Control Ordinance, Chapter 15, Section 15.8 of the Boynton Beach Code of Ordinances. See noise study included herein. CHARLES PUTMAN & ASSOCIATES PLANNERS I LAND DEVELOPMENT CONSULTANTS Boca Raton, Florida I (561) 994-6411 t' '-~ COMPLIANCE WITH CONDITIONAL USE CRITERIA BRU'S ROOM PROJECT - COUS -05-009 August 15, 2006 Page 3 STANDARDS FOR EVALUATING CONDITIONAL USES: (con't) 13. Required analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis: a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met. See Noise Study. b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment. See Noise Study. c. The analysis of any sound retention, reduction or reflection shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used. See Noise Study. d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. See Noise Study. CHARLES PUTMAN & ASSOCIATES PLANNERS I LAND DEVELOPMENT CONSULTANTS Boca Raton, Florida I (561) 994-6411 uW;pSY v(i) /v ~ ;,'1 AMEllico ~.-l> ~ '-- First American Title Insurance Company National Division 13450 Wut Sunrisi Boulevard, Suite 300 Sunrise, Florida 33323 Tel: (954) 839.2900 (800) 327.1018 lax: (954) 838-8663 Facsimile Cover Sheet Dllt~ : 3-/~"02 H,. ChLJI~ To: Company: FilX Numberl -r 5<j ) q 3~- 5b 00 No. of pages: ~ (including cover page) From: Ixoril Artstlguetil, National Division, Iilrst American Title Ins. Co. R.eference: NI Ail: () For your information () Per our conversation () Far your review () In Lieu of Originals () Please contact upon receipt () Other () Original to follow vIa overnight delivery - upon receipt Addition.1 Comments: {'~DV\e .~ 0(, ~\ ()() .Q1-l ~ii~ ti-. OO~/39~CI.3 710 ~ ,,\ \( (') t;;.. t~\('(..\ P f . C (~ If yau have any questions concerning this fax, please do not hesitate to contact me at 800-327-1018. :. ..-t r"'Tn.....r-, I J -, II-UI '-)T I J.....l..i 1,IH<=:= ~ "AT ?'A ,"""T \.JUI ~ ~"I;i;cvn{,b ......VA,l}J\l11 \~~..l" ~ui *+...*7~W~~~t~*.,.~t**~t*****..**~~*+~t~***~~t*~*...*~~~~..;~..~~~~**.~~~~t~~t~~~~*~*~****~*** WARMNTYDEED [Boynton Beach, Palm Beach County, Florida] TlDS W ARR.AJ."lTY DEED, is executed. and delivered by CGR MANAGEMENT CORPORATION, a Florida corporation having its principal office at 2609 West End Avenue, Nashville, TN 37203 (hereinafter referred to as "Grantor"), to BRU'S MNGS, INC., a Florida corporation having its principal office a.t 5466 West Sample Road, Margate, FL 33073 (hereinafter referred to as "Grantee"). WITNESSETH: For and in consideration of the sum of One Million Nine Hundred Thousand Dollars ($1,900,000) paid to and received by Grantor from Grantee, Grantor hereby Grants, Bargains, Sell!!, Aliens, Remises, Releases, Conveys and Confirms unto the Grantee and its successors and assigns forever, the real property situated in the CITY OF BOYNTON BEACH, COUNTY OF PALM BEACH, and STATE OF FLORIDA more particularly described in EXHIBIT A consisting of two (2) sheets, which exhibit is attached hereto and by this reference incorporated herein. TOGETHER WITH all of the tenements, heridatments, appurtenances and improvements thereunto belonging or in any way appertaining thereto, including, but not limited to, any and all leases and rents inuring therefrom, all of which shall be deemed part ofthe reat property herein sold and conveyed. TO HA VE A..'1D TO BOLD the Same unto the Grantee and its successors and assigns in fee simple forever. AND the Grantor hereby covenants with the Grantee and Grantee's successors and assigns that (a) Grantor is lawfully seized of said real property in fee simple; and (b) Grantor has good right and lawful authority to sell and convey said real property and shall defend same against the lawful claims of all persons whomsoever, except for (i) real estate taxes and public and privatI: assessments noW or hereafter a lien, none ofwmch being either due or delinquent on the date hereof, and (ii) conditions, restrictions, covenants and easements of prior public record, if any. Address of Real FrODerty: 1333 North Congress Avenue Boynton Beach, FL 33426-3312 Grantee1s Tax Mailing Address: Bru's Wings, Inc. 5466 West Sample Road Margate, FL 33073 Ann: Robert L. Brodzinski, Vice President & Secretary Parcel Control No.: 08-43-45-19-05-015-0020 Sollrce of Title: Volume 9826, Page 876, Official Records ofPalrn Beach County, Florida IN WITNESS WHEREOF, Grantor, CCR MANAGEMENT CORPORATION, has caused this Warranty Deed to be e~ecuted and delivered by its duly authorized und~rsigned officer in Nashville, Tennessee this 15th day of November 2001, to be effective up on tecord;n~, 8 ~dM .u IfJ~ lJJ~ I!~J ;> '.-1 Page 1 of2 .-T:jU-' I J ,lUll .,TIW I IILJr",-.TT ...."..... ,-...,. ',,,.. VLlH- ..u,,,_. llt'fl(~ l~ I ~~..<- .~W~V4;T+- . Chief Executive Officer STATE OF TEl'~'ESSEE COUNTY OF DA VInSON, SS: BEFORE ME~ Linda B. DeVault, a Notary Public in and for said State and County) personally appeared Henry R. Hillenmeyer known by me to be said individual who was sworn on his oath by me according to law and having been so sworn he acknowledged that he is the duly elected and acting Chainnan & Chief Executive Officer of CGR MA.. ~AGMENT CORPORA nON, a Florida corporation and by duly adopted and currently effective resolution of said corporation's Board of Directors, he has been authorized to execute and deliver the foregoing "Warranty Deed'! on behalf of said corporation) and that he has executed and delivered said instrument for and on behalf of said corporation for the uses and purposes therein set forth . IN TESTIMONY WHEREOF, I have hereunto signed my name and affixed my of5cial sea.l in Nashville, Tennessee, this 15th day ofNovemher 2001. \\~~;UUI'S....,. 'H". ~:;':" O~'\."'J .....'!... .~~ ,vt ............It'ath,,, '''~. ~t~ '. ~~'.. ,lit. t...4 .~ ~.,. "~', ...:~." ~.' c. -".." d' ~\~. . '" ~ ',~, :i ..",- ~O'~' .1;<, q~' ~'.~ ~~," .~ Je<<h~ .",\..\0. 1 ~ ll' ' x' ~ i ~\\~~ ; :!!~. . .. ..... .,.'(.. ~'" . " ....1:: ~ ,;~, \~~:J \"ii4.~..'~' Y" '~J~ " . (.:,'. '. t'. I'l~~.'.. ~~' .S~E.AL] l~..:'~'. %. ~~. .... 1 " ....I~ I! of. ..' . -. ......."\. .,,'" "'. .... ~,... ,)'\1>\ ,. . , .~~ ,. ., ...... 'r .'.. .. . ':;;('! l ~"I '...... F. ~y~....' ."; ~:;.,~~"'t.':,".(/~, IS n ~ n 1\ \ l' \ I'.' . :'~::'t.~,. ,k)~> '.' &f~cJlJ.- .[;, ~V~ Notary Public Print/Stamp Name: U f\.r1o. B. ~~ lllf- My Cornmissicn Expires: .;l-~~-<)Y CookerDlspusitioiliBoyntonBeachBrus W llrDcai C"..-J Page 2 of2 .'"T...,u-, I .J -, I WI I .-, T I W I I IU.... - _ T T .....,-. -. T ',,,., Prepared By' (j) ~ " * OeJ.JA · James F. Hadley, Esq. . FL Bllr No 003~650 N . .,gj James F. Hadley Co., L P A t:\ 0 )1 Qa> · 65515 Carnc:towne La:1.e Ease "0. A. , T . 1 . Toledo, OH 4361S-!767 II H) !J3t)..J!).. · J Recol'd _ncl Retul'n To~ .a" First Ameriean 'Title 1nllUrallce Company fi,/ 13450 West SUllIt~e Sh;i - Suite 300 Sl.lr.rise, FL 33323 + Attn: Mr. Ieffrev S. LcckiL National · 1.............11111.1. le/j~JcteJ J]:~':59 2811~136 OR It( 13283 P6 MlI8 Palm Beaeh County, Florida AMT 1.i0a,El08.1il0 Doc Stsmp 11,900.~g Signed and acknowledged ;Jio " CGR MANAGEMENT CORPORATION, a Florida corporation ("Grantor'') By: Mt~ ) .. A parcel of land lyU'1i!1 in Section 1.9, TOWtlsmP 4:5 South, Ranl !3 Bait, Palm Beach County. Florida. bemll:nore partic.ularly described as ioll"""l: Cotnll1elcc.ing at th~ Soutb<lut COnl- or laid Section 19; thmce North 00059'39" WClt, a di.stance of 1242,20 feet to a point; thence Nortl189'46'34" West a diJtmce of 50.01 teet to a. point on the West right of'way line ofCongreaI Avl!111lC (5. R. 807); t.h.ence NorJt OOG 59'39" West along said West line a diatanCC oC21 A.S,Ol feet to a point; ~ South 88 oosr16~' W sit a dilltanoe of 10.00 f:ct to 1he principal point and place of beainning of the following dc8Crlption: Thence oontin'.1C South 880CS':61t Weft a dilt.anCC Of 328.87 feet to a point; tho~e North 00' 59'39" Weft .. distance of 472.86 feet to . point on the South-line of Boynton Cmal; ther.r.e North 88005'26'1 Bast iloUS said South lino a distattee of 328.87 f!ct to a point; thence South 00"59'39" East a distanCe of 472.86 feet to the Poin.t of'Beginning, LESS ths following described pa1'Col ofland: A parcel ofland in Section 19, To\\'1lShip 45 South, Range 43 Eu~ Palm Beacb County, Florid&, being more particularly described as follows: Com.mea.ce at the SOl1thealt comer of said Sccti01119; thence North OOG 59'39" West, along the Saat liM of .aid Section 19, a ~e of 1 Z42.20 feet; theDoe North 89. 46'34" W efJt a distlnCe of 50,01 feet to a point on the WeIlt right ofWIY lirA of Con&tUI AvolWG (8. R. 807); thence North OO~S9139" Welt, aloni laid West tin:, a. ciistance 0(214'.01 feet; thence South 88*05 26" West a distance ot 10.00.feet to th" Point ofBcpnningj thence North 00059'39" Welt I distante of 257.50 fcc=t; thc:1Ce South 88 QQ5'2S" West a dist8nCt of291.87 feet; thence South 001159'39" Bait a distance of 62.67 feet; thence South 88005'26" Welrt a diltanee of 37.00 f1Nt; thence South ooD59'39" Bdt a distanoe of 194.83 feet~ tbenoo North 88 ~05'26" Eut a distance of 328.87 'eet to the Point ofBc&ilming. rARCm. 2.: TOGETHBR. with the Potpetual, Non-Exc1U1ivc Right, Privilege and Balem:mt for the benofit ofPa:rcel1,1O '\l.e1be pared ofland Ql!lscribod below far the purpose ofvehieular ingreo to and CIfCN frOIIl the prapony duc:ribed in pareell, subject to the terms. pravisiQnl and conditions sct forth in the m.tnlmen1 reccrded in Official Rocords Book 3489, Pag~ 59l Public R.ecord.l of Pdm .Beach County, Florida, said access easement described M; Page 1 of2 __............,;, .... .-.---, --......c:J ......... Commencing at the _~utheast comer of.aid Section 19, thence frtl1 00"59'3911 West, a di.t&1'lce of 1242.20 feet to a peint; thence North 89046'34" Wilt, .. distance of SO.Ol feet to 8. point . ao. tI:1o Watt right otway line of Congress Avenue (S, R.. 807); thence North OO~59'39" West along said Weft liD.e a distance of 2055,00 teet to the principu point and place of M:ginning o! the following eaaement dellcription: Theuce South 88 .~'26" W~t a. QistBl1ce ot338.S7 feet to a point; tbence North 00",9'39" West a distance ol90.0l feet to apointj thence North 88"0"26" Bait a dista1:.ce of338.87 feet to a point au the aforementioned West linej thence South OO~S9'39" Baat dong said Welt line I di.tance of 90.01 feet to the Point of Beginning, 'PAR.C;m. 3: Bastmcnt far the benefit of 'Parcel 1, as created by that Qcrtlin R.8eil'1'Ooa.l BUlment AgreenlCnt dated September 22, 19U} recorded Septe.11oer 2!, 1~88 in Of1icial Rccord! Bock 5821, Page 1318, Public Iboords of Pall):l Bw.h County, Florida, subjeot to the tonnsl proviliona m:1 oonditions set forth in said butrument. f:\u.ut.judy\:lUe\t(!'CIItz2. LgH. 11.97: DLA Page 2 of2 . . 8OOl< lJ l8J PF&: MU Dorothy H. WLlken. Clerk " RYRJB1T 'A' LBGAL DBBCIUPTION CONTINUBD A parcel of land l.yjng in Scotian 19. Townahip 45 South, Range 43 Eut, Palm Beach - .. fit ~ Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Page 1 of 1 search l)drc~i (_~\{::': "-;\' ..,,' t! _r '- ~ ,__ " 08434519050150020 Relum to PAPA BRUS WINGS INC > 1333 N CONGRESS AVE , 5466 W SAMPLE RD POMPANO BEACH R. 33073 3454 $1,450,000 $1,450,000 $0 $1,450,000 Nov-2001 May-1997 Aug-1993 lan-1992 lun-1985 lun-1985 Jan-1983 Palm Beach County Property Map Map Scale 1:4305 Legend D Parcel Bomdary I 0128 I Lot nurrber Map produced on 8/812006 from PAPA http://www.pbcgov.comlpapa htto://cisweb.co.palm-beach.f1.us/ipapagis/presentationlmapping/printnew.asp?MAPURL=h... 8/8/2006 CHARLES PUTMAN & ASSOCIATES1 INC. LAND DEVElOPMENT CONSULTANTS PLANNING I ZONING I PERMITTING Boca Raton I (561) 994-6411 Fax I (561) 994-0447 August 16, 2006 Kathy Zeitler City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425 RE: CONDITIONAL USE/SITE PLAN APPLICATION BRU'S ROOM PROPERTY - FILE #: COUS 05-009 Dear Kathy: Pursuant to our various meetings and conversations, we are herein transmitting 12 copies of the updated Conditional Use/Site Plan applications for the Bm's Room property on Congress Avenue. As you will recall, this petition was initiated several months ago and the package is in response to the City's request for additional information and project details. As presented in the initial project application, we are asking for approval of: · A Conditional Use to allow live entertainment in the Bm's Room restaurant. Per Staff's request, all entertainment will be indoors in the "New Lounge" area. · A Site Plan Modification to allow an additional 775 quare feet to be added to the current restaurant building and to replace an existing awning with a more permanent roof structure on the outdoor bar. The outdoor bar will not be fully enclosed. As part of this re-submission we are including a Traffic Analysis and a Noise Study both confirming that no negative impacts will be generated from the proposed project. Also, included is a statement from the project engineer confirming that there will be no negative impacts on utility service or drainage resulting from the proposed building expansion. This transmittal also includes our specific responses to the issues raised in the September 16th, 2005 Staff Report as well as our compliance responses to the Conditional Use Criteria. I hope this submission gives you the information you need to complete your review. Please let us know if you will require anything further. Sincerely, CHARLES PUTMAN & ASSOCIATES, INC. /VI! /! V . lAu,(te/ . \,.- ~ Charles Putman ZeitterLtr. wpd 4722 ,~ ,Iv' Bo::c blot, boulevard I SuitE- Cl (it I So:::a Poto:', Florida 33431 The C_ _y of Boynton Beach Arts Commission 129 East Ocean Avenue Boynton Beach, Florida 33435 561. 742.6784 PUBLIC ART INFORMATION FORM THIS APPLICATION MUST BE SUBMITTED ALONG WITH THE SITE PLAN APPLICATION Project Name ~ru '6 R oarn 6 y:JR.. TS GI2.; cL Project location J '3 ~ 3 Ai ( ()~ ~ 55 A- ve..n u e, bO t () .1(y)Beuc H , fL Company Namebt1..l i'5 W ING.:J J IN C/ Company Address . '54'7(,., WE...:;;,/ SL!.m/kE- ;food/ /1/1 ARG/::!JTE...., FL. 3XJ73 Company Phone (9-5~) 9t: B - /C)E3C) Web site Contact Person 8(~ b 13 k. ud Z. illJ .5 1'( I Phone (9!3 '-I ) c; (e 8 - IDS 0 Email Project contact name . C i-J RI2I r 'S PUl/nCln) Phone ($& I ) 99 '1-(, Y II Emall Project description (include the projects design/image intent, special features/amenities, special construction materials) (i1 ,,_ - "\. v -- .. ~;., '. f . 'v ,,~,.... . ~ . \ .." Project markets to Art Location/s Is the Art Location accessible to the public? Yes No Developer/Architect/designers concept for art Will artist be hired by developer (yes or no) If yes, artist resume must be submitted to Arts Commission for approval Call to Artists required through the Arts Commission (yes or no) .Construction (preliminary) value for the project .J!1 C2 01.0 l.':DO 1-4 Public Art Fee 1% = / % budget for the Art element/s of the project 70% = Elect to Dav Dublic Art Fee in lieu of Public Art in Proiect Site plan date Estimated completion date Arts Commission meet date Date received ordinance with recommendations and guidelines [;:x/EJ'YlP r *Official construction valuation to be submitted with permit application. S t \Plar.r.inq\Planninq Templates\Public Art :nformation\bla:llcart~crrr.2 .doc 13 City Codes Accessed Via Website , www.bovnton-beach.ofl! www.amJegal.comlboynton_beach_fl.us CITY OF BOYNTON BEACH, FLORIDA PLANNING & ZONING DIVISION SITE PLAN REVIEW APPLICATION FOR NEW SITE PLANS & MAJOR MODIFICATIONS TO EXISTING SITE PLAN Has applicant attended a pre-application meeting? ,Date This application must be filled out completely, accurately and submitted as an original to the Planning and Zoning Division. 1WEL VE COMPLETE, sequentially numbered, ASSEMBLED AND STAPLED sets of plans including a recent survey and appropriate fee shall be submitted v.rith the application for the initial process of the Site Plan Review procedure, AN INCOMPLETE SUBMITTAL WILL, NOT BE PROCESSED, Please print legibly (in ink) or type all information. I. GENERAL INFORMATION 1. Project Name: Br( /5 f<OO;Y\ SFO~TS Gk ILL 2, Property Owner's (or Trustee's) Name: eru'S Volt NGS :I l\JC ' Address: 5'-17(P W€-5T SAmPLE., R.ood) MARGAn=: . FL 330'13 lip Code) Phone: (95'-1) 9tos- /050 Fax: (95'1) 9'?JS~ .5(,.,00 3. Applicant's name (person or business entity in whose name this application is made ~ Bob 'Bp-.uDziNSKY Address: 5'-1 'J (p WE.ST sAm P LE Phone: (95 9) 9~~ -/050 t<.cD d) MA~r;;;A TE-, fL 330'73 (Zip Code) Fax: (954) 935 - SfaOD If contract purchaser, please attach contract for sale and purchase. 4. Agent's Name (person, if any, representing applicant): C H/tRLSS PUTMAN CNfN?.LGS PUTn1AA) 9' A ssoe-/r:iTGS Address: '-I,!-;J. -;;t, N W 8 oeD R.A TOM B I V D. J Su I rt: C -I O~ Boca lQ.1'~YTD^-l I F L (Zip Code) 33~3 J Phone: (~U) qqi.j-t:.l..J1I Fax:(s~/) qq,q-(J,-/LJ'7 E-Mail: ChOSPUTYYI AN (1 00/. CDrn 5. Correspondence to be mailed to agent only; if no agent, then to applicant unless a substitute is specified below:. *This is the one address to which all agendas; letters and other materials will be mailed. 6. What is applicant's interest in the premises affected? (owner, buyer, lessee, builder, developer, contract purchaser, etc.) OJJN6.1<. 7. Street address of location of site: 1333 NOR..n-J CotVCf(655 AVE-'J 80YNTON BeaCH, FL 8. Property Control #(PCN) O'B -'-1'3 - '7 S - / 9 - 0 5 - 0 /5 ~ 00 ao 9. Legal description of site: SEE:. Fi7mCJ-JED 10. Intended use(s) of site: 6X.lsn NG l<E..srn Uflt411l T 70 ~A-/N 11. Architect: H !1t<.OLD 7U Tnb 12. Landscape Architect: NJA 15. Surveyor: C HHI<2L6S ?uTn1QN M.AR.K 5n1/LGy KeN N~, BurG!; 55 I .:Tille. . 13. Site Planner. 14. Engineer: 16. Traffic Engineer. Wf1LfeF<. BEI<TSCh INGER. 17. Has a site plan been previously approved by the City Commission for this property? '16.5 II. SITE PLAN The following information must be filled out below and must appear, where applicable. on all copies of the site plan. 1. Land Use Category shown in the Comprehensive Plan: .L8.J2 (Lo"-lIL RETF)/L CC/t}J}/EJ:<.c.JOL ') 2. Zoning District: c.:3 (Commun iTV comlYJG:J<C il1 L ~ 3. Area of Site I. (p S I acres '13, / '14 sq. ft. 4. Land Use - Acreage Breakdown: a. Residential, including NJA acres N/A % of site surrounding lot area of grounds b. Recreation Areas * acres % of site (excluding water area) c. Water Area acres % of site d. Commercial acres % of site e. Industrial acres % of site f. Public/Institutional \1 acres % of site g. Public, Private and Canal rights-of-way -t acres ~ % of site h. Other (specify) R G:. f>'YjUf' 0/1) T / . G" 8 acres /00 % of site i. Other (specify) /'VIA acres ,'0 lA % of site 2 J. Total area of site /. ~ 8 acres '00 % of site *including open s~ce suitable for outdoor recreation, and ha~ng a minimum dimension of 50 ft. by 50 ft. 5. Surface Cover Ground floor building , a -;). area ("building footprint') a. acres /3 % of site b. Water area AI I A acres /VIA % of site c. Other impervious areas, including paved area of public & private streets, paved area of parking lots & driveways (excluding landscaped areas), and sidewalks, patios, decks, and athletic courts. I . a J acres '7 ;;) % of site d. Total impervious area l,i.j3 acres ~5 % of site e. Landscaped area . 0 (p acres 4 % of site inside of parking lots (20 sq.ft. per interior parking space required - see Sec. 7.5-35(g) of Landscape Code). f. Other landscaped areas, .05 acres 3 % of site g. Other pervious areas, including golf course, natural areas, yards, and swales, but excluding water areas . / 1 acres '6 % of site h. Total pervious areas . O? 5 acres I 5 % of site i. Total area of site /. (p 8 acres /00 % of site 6. Floor Area a. Residential rJA sq. ft. b. Commercial/Office sq. ft. c. IndustriallWarehouse sq. ft. d. Recreational sq. ft. e. Public/Institutional sq. ft. f. Other (specify) t<E. SmUfQt)T 8',953 sq. ft. g. Other (specify) Aace.s. 8ldgs. 140 sq. ft. h. Total floor area 9, (p 93 sq. ft. 7. Number of Residential Dwellina Units N/A a. Single-family detached sq. ft. b. Duplex sq. ft. c. Multi-Family (3 + attached dwelling units) (1) Efficiency dwelling units (2) 1 Bedroom dwelling units (3) 2 Bedroom dwelling units 3 -.--. (4) 3+ Bedroom dwelling units d. Total multi-family e. Total number of dwelling units dwelling units 8. Gross Density dwelling units per acre II I Q I LJ f'......... Maximum height of structures on site <..J l---=n- J stories 9. 10. Reauired off-street Darkina a, Calculation of required # of off-street parking spaces. Off-street parking spaces provided on site plan If 0 ~~QU/~6[L -----L / '5 P Q CE ~ ;:), S 6BA T.s _0 6<~\ 5EOT:5)_ 1 34 rA!<-KING SpACES ?A..OV \(.) b D b. Calculation of required # of handicap parking spaces 5" ....ea-p(.J/~6CJ FoR. 10 I - 1'00 SpAC.E'5 Number of handicap spaces provided on site plan 5 p tQ..() \JL D E:. 0 - - REPRESENTATIVE OF THE PROJECT MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMlnEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 4 III. CERTIFICATION (I) rNe) understand that this application and all papelS and plans submitted herewith become a part of the permanent records of the Planning and Zoning Division (I) rNe) hereby certify that the above statements and any statements or showings in any papers or plans submitted herewith are true to the best of (my) (our) knowledge and b~; :This application will not be accepted unless signed accordin to the i . ns bel~ / / ... ' 8-/ro-o~ Date OR Signature of contract purchaser (if applicant) Date IV. AUTHOR ZA TION OF AG (~~ ~ ~ Signature of Authorized Agent 8. I ~ . 0 t, Date (I) rNe) hereby designate the abow-signed person as (my) (our) authorized agent in regard to this application. Signature of Owner{s) or Trustee, or Authorized Principal if property is owned by a corporation or other business entity. Date OR Signature of contract purchaser (if applicant) Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 8 City of Boynton Beach Building Division RESIDENTIAL & COMMERCIAL PROPOSED BUILDING PROJECTS Name of Project: brU''5 P.oom SpGkT5 G~I LL Type of Project (Residential/Commercial): Q.om m e..~c in L Description (town homes, condos, single-family, etc.) R.es mu.p.o.n T (office, retail, warehouse, restaurant, office, etc. ) Number of Dwelling Units/Bays N 1 A Number of Buildings (estimated) \ Square footage: '775 '5+ Valuation: L. iI d-d-O, 000 Building Permit Application Submittal Prior to October 1, 20 or No) ? (Yes Proposed Construction Start Date J01lUa~'i. ;:)...Cf::) '7 Name of Agent: J'ohV'l Lp'VKE.tZ. w~n-\ ;::SOlCtmanm()YY)Ors DeVelOp€R.S Address: P.O. 80)( ~070 City/State/Zip Code: LI c;l-tT HoltS~ POirlT I ~L 3301<"; 9S.Lf - 93/ - 'V8 17 (cell) / Bob BlQunziN 6 K i . Roo d 330'73 (cell) 9 S 'j - 91 Y - 90\ 9 D Phone: Name of Owner: BrQ..u 15 WINGS :r N C. - J Address: 5'-1?(P WE sr sA mfJLS City/State/Zip Code: N\Af<GA /'b I F L Phone: (95J.f) 9roca - /050 Revised 9/15/05 l!:> Bru's Room Sport's Grill lEGAL DESCRIPTION PARCEL 1: A PARCEL OF LAND LYING IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE NORTH 00' 59' 39" WEST, A DISTANCE OF 1242.20 FEET TO A POINT; THENCE NORTH 89' 46' 34" WEST A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00' 59' 39" WEST ALONG SAID WEST LINE A DISTANCE OF 2145.01 FEET TO A POINT; THENCE SOUTH 88' 05' 26" WEST A DISTANCE OF 10.00 FEET TO THE PRINCIPAL POINT. AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION: THENCE CONTINUE SOUTH 88' 05' 26" WEST A DISTANCE OF 328.87 FEET TO A POINT; THENCE NORTH 00' 59' 39" WEST A DISTANCE OF 472.86 FEET TO A POINT ON THE SOUTH LINE OF BOYNTON CANAL; THENCE NORTH 88' 05' 26" EAST ALONG SAID SOUTH LINE A DISTANCE OF 328.87 FEET TO A POINT; THENCE SOUTH 00' 59' 39" EAST A DISTANCE OF 472.86 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING DESCRIBED PARCEL OF lAND: A PARCEL OF LAND IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE NORTH 00' 59' 39" WEST, ALONG THE EAST LINE OF SAID SECTION 19. A DISTANCE OF 1242.20 FEET; THENce NURTH 89' 46'. 34" WEST A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00' 59' 39" WEST, ALONG SAfD WEST LINE A DISTANCE OF 2145.01 FEET; THENCE SOUTH 88' 05' 26" WEST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00' 59' 39" WEST A DISTANCE OF 257.50 FEET, THENCE SOUTH 88' 05' 26" WEST A DISTANCE OF 291.87 FEET; THENCE SOUTH 00' 59' 39" EAST A DISTANCE OF 62.67 FEET; THENCE SOUTH 88' 05' 26" WEST A DISTANCE OF 37.00 FEET; THENCE SOUTH 00' 59' 39" EAST A DISTANCE OF 194.83 FEET; THENCE NORTH 88' 05' 26" EAST A DISTANCE OF 328.87 FEET TO THE POINT OF BEGINNING. PARCEL 2: TOGETHER WITH THE PERPETUAL, NON-EXCLUSIVE RIGHT, PRIVILEGE AND EASEMENT FOR THE BENEFIT OF PARCEL 1, TO USE THE PARCEL OF LAND DESCRIBED BELOW FOR THE PURPOSE OF VEHICULAR INGRESS TO AND EGRESS FROM THE PROPERTY DESCRIBED IN PARCEL 1, SUBJECT TO THE TERMS, PROVISIONS AND CONDITIONS SET FORTH IN THE INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 3489, PAGE 59, PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA, AND ACCESS EASEMENT DESCRIBED AS: A PARCEL OF LAND LYING IN SECTIN 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19, THENCE NORTH 00' 59' 39" WEST, A DISTANCE OF 1242.20 FEET TO A POINT; THENCE NORTH 89' 46' 34" WEST, A DISTANCE OF 50.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONGRESS AVENUE (S.R. 807); THENCE NORTH 00' 59' 39" WEST ALONG SAID WEST LINE A DISTANCE OF 2055.00 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING EASEMENT DESCRIPTION: THENCE SOUTH 88' 05' 26" WEST A DISTANCE OF 338.87 FEET TO A POINT; THENCE NORTH 00' 59' 39" WEST A DISTANCE OF 90.01 FEET TO A POINT; THENCE NORTH 88' 05' 26" EAST A DISTANCE OF 338.87 FEET TO A POINT ON THE AFOREMENTIONED WEST LINE; THENCE SOUTH 00' 59' 39" EAST ALONG SAID WEST LINE A DISTANCE OF 90.01 FEET TO THE POINT OF BEGINNING PARCEL 3: EASEMENT FOR THE BENEFIT OF PARCEL 1, AS CREATED BY THAT CERTAIN RECIPROCAL EASEMENT AGREEMENT DATED SEPTEMBER 22,1988, IN OFFICIAL RECORDS BOOK 5821, PAGE 1318, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SUBJECT TO THE TERMS, PROVISIONS AND CONDITINS SET FORTH IN SAID INSTRUMENT. RIDER TO SITE PLAN APPLICATION The undersigned as applicant for Final Site Plan Approval does hereby acknowledge, represent and agree that all plans, specifications, drawings. engineering, and other data submitted Vlt1th this application for review by the City of Boynton Beach shall be reviewed by the various boards. commissions, staff personnel and other parties designated, appointed or employed by the City of Boynton Beach, and any such party reviewing the same shall rely upon the accuracy thereof, and any change in any item submitted shall be deemed material and substantial. The undersigned hereby agrees that all plans, specifications. drawings, engineering and other data which may be approved by the City of Boynton Beach, or its boards, commissions, staff or designees shall be constructed in strict compliance with the form in which they are approved, and any change to the same shall be deemed material and shall place the applicant in ~olation of this application and all approvals and permits which may be granted. The applicant agrees to allow the City of Boynton Beach all rights and remedies as provided for by the applicable codes and ordinances of the City of Boynton Beach to bring any violation into compliance. and the applicant shall indemnify, reimburse and save the City of Boynton Beach harmless from any cost, expense, claim. liability or any action which may arise due to their enforcement of the same. READ, ACKNOWLEDGED AND AGREED TO this 7)j A'~Ju>>-! f-.L ~ltn~s. . -I~ : '? /p<../- ( " VVftness . , 9 III. CERTIFICATION (I) (y'/e) understand that this application and all papelS and plans submitted hel9with become a part of the pennanent records of the Planning and Zoning Division (I) (y'/e) hereby certify that the above statements and any statements or showings in any papers or plans submitted hel9with are true to the best of (my) (our) knowledge an 'f. I application will not be accepted unless sig a /~ inst 'on~. o. - " Au~ fA 57 / (p , 0tCl::')&, Date Signature of Owner(s) or rus ee, Authorized Principal if property is d by a corporation or other business entity. OR Signature of contract purchaser (if applicant) Date IV. AUTHORIZATION OF AGENT . _ '..,i_...:;:,~< (, ( '-,J'"L Signature of Authorized Agent /' . / (I) (y'/e) hereby deSignate the abo this ap . f . I ~q. /~, ,:f:-'_'_ / .' '/ .-.... Date ' ~;,) authorized agent in regard to r AU(;U51 /&, C10~ Date Ignatulltl3f Owner(s) r Trustee, or Authorized Principal if property(s by a corporation or other business entity. OR Signature of contract purchaser (if applicant) Date A REPRESENTATIVE MUST BE PRESENT AT ALL TECHNICAL REVIEW COMMITTEE, PLANNING AND DEVELOPMENT BOARD OR COMMUNITY REDEVELOPMENT AGENCY (CRA) AND CITY COMMISSION MEETINGS HELD TO REVIEW THIS PROJECT. 8 ., -- ttW 'i)S)' v([;) /(j ~ _ 'I: ... M Ell / ~ '-~ First American Title Insurance Company National Division 13450 WlSt Sunrise BOlll.vardl Suite 300 Sunrise, Florida 333:13 Tel: (954) 839-2900 (800) 327.1018 Fax: (954) 838-8663 Facsimile Cover Sheet D.t.: f>~/~"02 !-It c.hLjle.. To: Company: Fit'" Numberl rq 5<j ) q 3~- Sb 00 No. of pages: f5 --+ (including coyer page) From: Ixora Arlstlgueta, National Division, talrst American Title Ins. Co. Reference: N/A'iI: () Pot your information () Per our conversation () Far your review () Please contact upon receipt () In Lieu of Originals () Other () Original to follow via overnight delivery - upon receipt Addition.1 Comments: ~~ 00:\ e .t:\=- 0 Co ~, n () t11.:l ~i \-- H-. 003,3>9jCt3 710 .~(\,( O~ ~\IY1ef~L~ '\ :'~i-' If you have any questions concerning this fax, please do not hesitate to contact me lit 800-327-1018, t'd lTnH, I ~ ,I HU '-IT I H oj WH<:F :Vlt ?vL c:t >-l ftl;~C;v.n.[li VIVJ.5JCHl \~>:;... ,,'Cui *+.~.*.w.w..t**_~.~*~*7****~~****~**~.****~~.**.~.*w.*.**~~**.~w.**~ .~*..*.*~.*~.~.~******** .. WARRANTY DEED [Boynton Beach. Palm Beach County, Florida] .. TinS WARRANTY DEED, is executed. and delivered by CGR MANAGEMENT CORPORATION, a Florida corporation having its principal office at 2609 West End Avenue, Nashville. TN 37203 (hereinafter referred to as "Grantor"), to BRU'S WINGS, INC., a Florida corporation having its principal office at 5466 West Sample Road, Margate, FL 33073 (hereinafter referred to as "Grantee"). WITNESSETH: For and in consideration of the sum of One Million Nine Hundre<i Thousand Dollars ($1,900,000) paid to and received by Grantor from Grantee. Grantor hereby Grants, Bargains. Sells, Aliens, Remises, Releases, Conveys and Confirms unto the Grantee and its successors and assigns forever, the real property situated in the CITY OF BOYNTON BEACH~ COUNTY OF PALM BEACH, and STATE OF FLORIDA more particularly described in EXlIlBIT A consisting of two (2) sheets, which exhibit is attached hereto and by this reference incorporated herein, TOGETHER WITH all of the tenements, heridatments, appurtenances and improvements thereunto belonging or in any way appertaining thereto. including, but not limited to, any and all leases and rents inuring therefrom, all of which shall be deemed part ofthe real property herein sold and conveyed. TO HAVE AND TO HOLD the same unto the Grantee and its successors and assigns in fee simple forever. AND the Grantor hereby covenants with the Grantee and Grantee's successors and assigns that (a) Grantor is lawfully seized of said real property in fee simple; and (b) Grantor has good right and lawful authority to sell and convey said real property and shall defend same against the lawful claims of all persons whomsoever, except for (i) real estate taxes and public and private assessments now or hereafter a lien, none ofwmch being either due 'or delinquent on the date hereo~ and (ii) conditions, restrictions, covenants and easements of prior public record, if any. Address of Real FrODertv: 1333 North Congress Avenue Boynton Beach, FL 33426-3312 Grantte'~ Tax Mailing Address: Bru's Wings, Inc. 5466 West Sample Road Margate, FL 33073 Attn: Robert L. Brodzinski, Vice President & Secretary Parcel Control No.: 08-43-45-19-05-015-0020 Source of Title: Volume 9826, Page 876, Official Records of Palm Beach COU:lty, Florida IN WITNESS WHEREOF, Grantor, CGR MANAGEMENT CORPORATION, has caused this Warranty Deed to be e:IC:ecuted and delivered by its duly authorized undersigned officer in Nashville, Tennessee this 15lb day of November 20tH, to be effective upon recording, J ~ ~a,* ~JJ I~b la. B~ IJii i!~J 2'd Page 1 of 2 !'Tnl-l., 1 J ., II-IL 1 -,T 11-1 J 1."_"-'(0.. T T .Prepllred By: (]) f<..cc." If p(J j;J). .. James F. Hadley, Esq. . FL Bllr No, QOn650 N '.m" James F. Hadley Co" J,.}'A. e j II 9(1) .. 6556 Carrtc:towne La:1e East .. . } . 1 .. Toledo, OH 43615-1767 II J() (iaO. A : J Record and Return I(l~ -dJl First Ameriean Title lnSU.rall.<< Company 'J,/ 134~O W~&t S\lnIi~e Ehd. - Suite 300 .. Stlnrlse, FL 33323 .. Attn: Mr, Jeffrey S. L.ockti, National .. 1............11..1111. 1f/j~/cteJ 12:41:59 281J~136 OR 1Q( 13283 P6 eN8 P~lm ~each County, FIQrid~ AMT 1,70~,e01i}.00 Ooc St~mp 11,900.~0 prL1...,......u~. ll'.M1{4, '--ll"~<- ~:ftt~.vQ" If- Chief Executive Officer STATE OF TENNESSEE COUNTY OF DAVIDSON, 85: BEFORE ME, Linda B. DeVault, a Notary Public in and for said State and COuntyl personally appeared Henry R. Hillenmeyer known by me to be said individual who was sworn on his oath by me according to law and having been so sworn he acknowledged that he is the duly elected and acting Chainnan & Chief Executive Officer of CGR MA.."lAGMENT CORPORA nON, a Florida corporation and by duly adopted and CWTently effective resolution of said corporation's Board of Directors, he has been authorized to eXeGute and deliver the foregoing "Warranty Deed'! on behalf of said corporation, and that he has executed and delivered said instrument for and on behalf of said corporation for the uses and purposes therein set forth . IN TESTIMONY WHEREOF, I have hereunto signed my name and affixed my official seal in Nashville, Tennessee, this 15th day of November 2001. \\~l,.nl':ll':""";il ~::", 'DU'~lj;"'''J '~"'I.. :,~.. ~ ~,,"l"'."."ra~ ~';J! '~4''''~~~'''.l ~' .~ ,....J r., /l!l.<;' ....."., " ,:,~ .5::',l' ;I.... (!j~.... ;.,....O/il..!:~:.,'''''-':., 'I ,~ 'oJ. ...." ~.., .. ~ ' ' ~.. , .f;' "'!"I~~"" ",,-' \Q ~ .~, .i, " J- ~ .:tv~ ,t ~ ",' .. .. ~ .,..! .,f~ ~ ) I, i ~}. . , u ,(". ,.""-,,,.. 1.\..~ .}v., ' ......: t;. ~ .~',~ ~r~tt:.'~i\l'. r l~"':;. .'~:': ::'~:c. .t,".r1\rn f"ALSEAL] tl 'i'I., A'r./. -r 'U':; ""...... ..~ .. ~--:.. "'.".;\~, ~" ~~"'l."""""\';'l. ,.... . , "1:,f.<;.", ~ '....,:,lr n ""'.',/' ;: . ';;"(:"fo~" l/, Ii ~"", ,.'. ,". tV;':~;'l"'t"'II"'lll'~~\"\' , i~~~,t~.:\ (t'i~~I'.~ &~tltJ.- 13, f:1,v~ Notary Public Print/Stamp Name: L1 f\.da 8_ ~~ l.L if- My Commission Expires: ;J.-~"7-o'1 CookerDispo&itiou5BoyntonBeach13rus WllrDem c'd Page 2 of2 an~l Ij ll~N JI1~j W~SE:TT 20, ST d~~ Signed and acknowledged i~lli;? CGR MANAGEMENT CORPORATION, a Florida corporation ("Grantor") By: Jg~., .. A parcel of land l~ in Section 1.9, Township 43 So~ R& 43 But. Palm Beacb ,County, Florida, bem.more parti~\ulilfly described u follow.: CO%ll1nenams at the Southeast CQ~" of laid Seoti.on 19; theDCe North 00059'39" Weat. a dtstanee of 1242.20 teet to a point; thence Nartb. 89' 46'34" West l diltmce of SOfOl feet to II. point en th~ West ri&ht ofwa.y line o.fConpaI Ave11.1JC (8. if 807); tnence North 00059139" West along !aid Weatllne a distance ot214S,0l feet 10 a point; thence Sovth 8800S'~6!! Welt adiltanoc of 10,00 feet to 1he prinoipal point and place of beJinning of the f'oUowing ~on: Thence oontinue South 88005'26" West a diltanee of g28.87 feet to a poiftt; thol.'lCI North 00.59'39" Welt a. distance of 472.86 feet to . point on the South-line of Boynton. Canal; them~e North 88005'26" Ballt a10ns .aid South lino a ctisU4ee of 328,87 fetet to a point; th~ South OD 059'39" Hast a distauCe or 472.86 feet to tho Point of Beginning, LESS tha following described. pa1'Cel ofland: A parcel ofllU1d in Section 19, TOVrllShip 4S Soutb. Range 43 B&st, Palm Beach County, Florida, being more particularly described. u fallows: CommeQCe at the Southeallf: comer of said ScctiOl1 19; thence North 00059'39" West, along the Slit lin.e of.aid Scotion 19. a dJatlnce of1242.20 feet; theDoe North 8g.46'34" W~ a distance of 50,01 ftlcrt to a point on the Welt right ofway 1m. of eonpl AVODLlG (S. R. 807); thence North 001159'39" W..t, along said Welt line, a. disumce of2145.01 feet; thence South 88*05 26" West a distance at 10.00 feet to th~ Point ofBcpuungi thence North 00059'3911 Welt II distanee of 257,SO fed; thence South 88.05'26" West a distance of291.87 feet; thence South 00.59'39" East a distl11Ce of 62.67 feet; thence South 88005'26" West a di.ta:nee of 37,00 tett; thence South 00059'39" Salt a distance of 194.83 feet; thenoe North &8 a 05'26" Rut a distance of 328.87 feet to the Point ofBcciMmg. PARC~ 1: TOOETHBR. with the Po:pltua1, Non-Bxc1U1ivc Rilht, Privilege and Ea.em=nt for the benofit ofPa:rcell, to u,e1he PI1'c.el ofla:nd Ql!lliCrlbod below fi:1r the purpOlle of vehicular ingreu to and cJICN venn the property deiclrtbec1 in Parce111 IIUbject to the tCn:DS, previsiQl1lll1d conditions set forth. in the muument recarded in Offioial R.ccords Book 3489, Page 59, Public Records of Palm Beach County, Plorida. 5idd acoess easd1'1ent dClCribed B5: Page 1 of2 ....,_.....~.~, ... --..-, --.......e -....~ ~ ~ Commencing at ~uthCllt con1er of laid $ection 19, thtnct. 1'6rth 00'59'3911 Welt, a distance of 1242.20 feet to a point; thence North 8904834" Wilt, a4!ltance of 50.01 feet to a poillt , . 011 tb.e Weat right of way line or eon,.. AV!ltt\Ul (5, R.. 807)~ th01200 North 0011159'39" West along said West liD.e a distance of' 2055.00 feet to the principal point and place of beginning of the followins easement description: Thcuce SotUh 88 -05'26" We8t s. distlllce of338.87 feet to a point; tbcnce North. OO"S9'3!1l" West a distance ol90.0t feet to a point; thlilnce North 88005'26" BAit a distanoo of338.87 Ceet to a point au thl aforomClltianod West linej thence South 00"59'39" Bast dong said Welt line adi.tance of 90.01 feet to the Point of Beginning, 'p A:R.(;'FiL 3l Basement far the beneiit of Parcel 1, IS Ctsated by that certain Reciprooa.! Bailment Agrce%l1entdlted September 22, 198&J racofded September 28~ 1~88 in OtiicialRc:com, Book 5821, Pqe 1318, Public Records of PallP Beach. Countyt Florida, subJeot to the tennel previlious and oonditions set forth in .aid iUltrument. f':\uurfl\judy\:itJe\1(~jlZ1.LSU.l1.97~DLA Page 2 of2 c....J . .. , - . BOOl< LJ l8J PFEE..ll Dorothy H. Wtlken. Clerk RYRJRlT 'A.' LBGAL DBSCIUPTION CONTINUBD A parcel of land lying in Section 19. 'l'ownJhip 45 South, Range 43 East, Palm Beach ,.. ____"'-. 'Pl1_~...I_ L.-..!__ _....._... _.....~......,.._,.. A_A":"'.dA tile '^t1MUal 08/18/2006 10:55 5614176~r~ ROSE & ROSE PA PAGE 02/05 BRU'S WINGS, INC. f:"1L.~D 9S NAI(.. S Ttfffi:tl~11"';";' '. Af.~ 8-' 26 4N4S"J:r._ ,/ ~ i ..J /"0" ~Vf':',_'. /( Ot;Vt r J 1.1 ARTICLES OF INCORPORATION OF The undersigned incorporator hereby forms a corporation under Chapter 607 of the laws of the State of Florida. ARTICLE I. NAMS The name of the corporation shall be: BRU'S WINGS, INC. The address of the principal office of this cOrporation shall he 5466 West Sample Road, Margate, Florida 33073, and the mailing address of the corporation shall be the same. ARTICLE II. NATURE OF BUSINESS This corporation may engage or transact in any or all lawful activities or business permitted under the laws of the United States, the State of Florida or any other state, country, territory or nation. ARTICLE III. CAPITAL STOCK The maximum number of shares of stock that this corporation is authorized to have outstanding at anyone time is 5,000 shares of common stock having $1.00 par value per share. 08/18/2005 10:55 5514175F ROSE & ROSE PA PAGE 03/05 ARTICLE IV. REGISTERED AGENT The street address of the initial ~eqistered office of the corporation shall be 1201 Hays Street, Tallahassee, Florida 32301, and the name of the initial registered agent of the cOrporation at that address is Corporation Information Services, Inc. ARTICLE V. TERM or EXISTENCE This corporation is to exist perpetually. ARTICLE VI. DIRECTORS All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of its Board of Directors, subject to any limitation set forth in these Articles of Incorporation. This corporation shall have t1rO Directors, initially. The names and addresses of the initial members of the Board of Directors are; Edmond J. Hauck, Jr. Dir. 5466 West Sample Road Margate, Florida 33073 Robert Brudzinski Dir. Same 08/18/2006 10:55 56141761=~- ROSE & ROSE PA ARTICLE VII. OFFICERS The name and addxesses of the initial officers of the corporation who shall hold office for the first year of the Corporation, or until their successors are elected or appointed are: Edmond J. Hauck, Jr. Pres. 5466 West Sample Road Marqate, Florida 33073 Robert Brud~inski Sec./Treas. Same ARTICLE VIII. INCORPORATOR The name and street address of the incorporator to these Articles of Incorporation: Corporation Information Services, Inc. 1201 Hays Street Tallahassee, Florida 32301 IN WITNESS WHEREOF, the undersigned agent of Corporation Information Services, Inc., has hereunto set their hand and seal of Corporation Information Services, Inc., on March 9, 1995. TIOD INFORMATION SERVICES, INC. PAGE 04/05 08/18/2006 10:55 5614176F'--' ROSE & ROSE PA PAGE 05/05 Os f:"11... ~ D HAlT ....9 11fC~t'li-.i.),' , 4lf fj. ACCEPTANCE OF REGISTERED AGENT DESIGNATBD ll4f!4f'!',~. !~'/ 1./ 21) III ARTICLBS OF IIICORPOIlATIOII '~<t; r:!o;tt$ COrporation Info4mation Services, Inc., a Florida corporation authorized to transact business in this State, having a business office identical with the registered office of the Corporation named above, and having been designated as the Registered Agent in the above and foregoing Articles, is familiar with and accepts the obligations of the position of Registered Agent under Section 607.0505, Florida Statutes. CORPORATION INFORMATION SBRVICES, INC. KBR/dks I PR ..PPLlCA TION CONFERENCE REV N FORM Date 6/.:UR Ie (p Time Started ) 0 " () 0 Time Finished .Jf'- . · Attendin~ as AE('licanl (t W~~li.r:d f-t Yl tLN J e iJ::t fJ;, fVJ V ~'5t Phone (S&J-} qtj4-- ~ __~{ ax 6 l q-q -' _ Lf q 7 Applicant Must Initial for Receipt of Art in Public Places Ordinance 05-060_ and Art Program Info Sheet: Proposed Project Information Proposed Project Name and -h .' TypelUse f~..tA. f ~ Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use. Density Anticipated Submittal Date 200 VVl d ()US cJ.. (] () /Jib re~) A,1/'e fYL~p t/Y\. Proposed Zoning Proposed Land Use/Density / Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements Landscaping/Buffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material tvJ-~ () ; ttifJ. NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc ''; . t PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: NOTICE: The purpose oCthis conference shall be for the staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual I b'tt d ~ ' Plans su IDl e or reVIew. City of Boynton Beach Attending for Applicant Attendine Staff 1< td~ lJtl ~Z0t-~ ~, Cltm Ie,> ?{W\'/l-I--, b b~€. J~ . 1Y'f'i, ('.., , S:\Planning\Planning\Pre-App Form pp 1-3\Pre-applieation Form p3,doe '. 'l . 'tf . .,. Time and Date OfMeetinift.-5 / 0 Co / d ~ ~:,'~~ /76 , , Applicant's Name: PRE-APPLICATION CONTACT QUESTIONS ~rdd~ Phone: ~JI f/'7-/(PR 1. HA VB YOU SPOKEN TO ANY STAFF MEMBER ABOUT THE PROJECT? Yes No (IF YES, HA VB THOSE STAFF MEMBERS BEEN SCHEDULED FOR THE PRE- APPLICATION MEETING? STAFF MEMBERS NAME: 2. LOCATION OF PROPERTY (CROSS STREETS/lNTERSECTIONS) > . M"_" ~ ' 3. WHAT WOULD YOU LIKE TO DO? NEW PROJECT (/ BUILDING EXPANSION OR MODIFICATION L j-G?c:: CHANGE IN PRIOR USE? IS THE STRUCTURE CURRENTLY VACANT? VARIANCE TYPE: POOL OR SCREEN ENCLOSURE COMMERCIAL PROPERTY? . . -------- ff RESIDENTIAL PROPERTY? c~ ~/ ~~:J- . ') INDUSTRIAL PROPERTY? P C2'%Y /~/7 q /4 .4_/zLf DO YOU KNOW THE ZONING CODEDESIGNA.TION? c2/Z;;:!, 0 C~~~\ ctdc{ /;tJft.--r::.1 {/n"-::J ~- ..~:. 1 y~o (;t}~'r;.~v~y~ .~.--- 4. TIME AND DATE PREFERRED 5. HOW MANY PEOPLE WILL BE AT THE PRE-APP MEETING? Note: Tell the person that someone from the Department will call them to confirm the meeting. .................................................................................. · Pre-application meetings should be scheduled for a minimum of one (1) hour time module, and should be scheduled no less than two (2) days prior to date/time of meeting. Ifurgency is sensed, discuss with Mike. · Meetinlls may be scheduled: Monday afternoons Tuesday all day Wednesday all day Thursday mornings Note: Mike is not available on Mondays between 11 :30 a.m. and 2:30 p.m. S:\Planning\Planning\Pre-App Fonn pp 1-3\Pre-application Fonn p I.doc ~~~ PK_ APPLICATION CONFERENCE RE\ -" W FORM ~ Date 6/ ~I ota Attending as Applicant Phone S' { Applicant Must Initial for Receipt of f ~ .l1-r Art in Public Places Ordinance 05-060-e-\ and Art Program Info Sheet:~ Proposed Project Information Proposed Project Name and .n ' TypelUse J --ort1. 0 Site Location (Address if Available) Site PCN Existing Zoning Existing Land Use.Density Anticipated Submittal Date [t II (I if, ~ AJ Proposed Zoning Proposed Land Use/Density / Vacant Notes and Comments Lot Area Lot Frontage Lot Depth Setback Height Parking Requirements or Improvements Landscaping/Buffering Non-conforming Use or Change in Use Other Zoning Changes Required Hazardous Material NOTICE: The purpose of this conference shall be for staff and applicant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual plans submitted for review. S:\Planning\Planning\Pre-App Form pp 1-3\Pre-application Form p2.doc , ~. , ' i,.' " PRE-APPLICATION MEETING SIGN IN SHEET PLEASE PRINT MEETING DATE: TIME: ATTENDING FOR APPLICANT: NonCE: The purpose of this conference shaD be for the staff and appUcant to discuss overall community goals, objectives, policies and codes as related to the proposed development and to discuss site plan review procedures. Opinions expressed at the pre-application conference are not binding for formal review purposes. Additional staff comments may be forthcoming based on actual lans submitted for review. City of Boynton Beach Attending for Applicant Attendin Staff G> cf(rr:tlt74 2Q tf~ S:\Plannlng\Plannlng\Pre-App Form pp 1-3\Pre-appllcatlon Form p3.doc Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Search Owner Information peN: 08434519050150020 Return to PAPA Page 1 of 1 Parcel Details Name: BRUS WINGS INC location: 1333 N CONGRESS AVE Mailing: 5466 W SAMPLE RD POMPANO BEACH FL 33073 3454 2005 Preliminary Assessment Market Value: $1,450,000 Assessed Value: $1,450,000 Exempt Amnt: $0 Taxable: $1,450,000 2005 Estimated Tax Ad Valorem: Non ad valorem: Total: Sales Information Sales Date Nov-2001 May-1997 Aug-1993 lun-1992 lun-1985 lun-1985 lan-1983 Palm Beach County Property Map Map Scale 1:4305 Legend D Parcel Bo...dary I 0120 I Lot nun'ber Map produced on 8/8/2006 from PAPA http://www.pbcgov.comlpapa http://gisweb.co.palm-beach.fl. us/ipapagis/presentation/mapping/printnew .asp?MAPURL=h... 8/8/2006 Palm Beach County Property Apprais,;,~ Property Search System Page 1 of 1 Location Address: 1333 N CONGRESS AVE l~ar;L.';'+il Municipality: Parcel Control Number: Subdivision: Official Records Book: Legall.>e$(;;!:iption: BOYNTON BEACH 08-43-45-19-05-015-0020 SUB OF 19-45-43 13183 Page: 8 Sale Date: Noy-2001 19-45-43, N 215.36 FT OF TR 15(LESS SR 807 R/W) &. N 278.03 FT OF E 37 FT OF TR 16 Owner Information Name: BRUS WINGS INC [.,,)~I.n;"".~1 Mailing Address: 5466 W SAMPLE RD POMPANO BEACH FL 33073 3454 Sales Information Sales Date Book/Page Price Sale~e Owner [~-""'.-I Noy-2001 :1,318310008 $1,700,000 WARRANTY DEED BRUS WINGS INC May-1997 09826/0876 $925,000 WARRANTY DEED CGR MGMT CORP Aug-19930Z890/073_9 $340,000 QUITCLAIM Exemptions Exemption Information Unavailable. Appraisals Tax Year: Improvement Value: Land Value: Total Market Value: Use Code: 2100 Tax Year 2006 Number of Units: 0 *Total Square Feet: 7824 Acres: 1.73 Description: RESTAURANT * in residential properties may indicate living area. P = Preliminary Values Tax Year: Assessed Value: Exemption Amount: Taxable Value: Tax Values Tax Year: Ad Valorem: Non Ad Valorem: Total Tax: l(i,Stl!.i.l~1 l~caJ~~1 [~?I...JJetajw~+0,__1 [~.~ '~-!.~l l;d.,"jj@Ji!"!"'iiiP~i'!!"!!!ioiiiii;,J NOTE: Lower the top and bottom margins to 0.25 on File->Page Setup menu option in the browser to print the detail on one page. RecOLcJSeilLch I Inforrniltion I ExemptionS I CommUnity I EmploYment I NeW HOme Buyer I Qffice LociltiQns VilJueAcljus1:mentBoard I SilYeQULHomes I Senior corner I Pisclilimer Home IllnKs I Glossary I fAQ I fQrms I COntactlls I PAPA @ 2004 Palm Beach County Property Appraiser. http://www.co.palm-beach.fl.us/papa/aspx/web/detail_info.aspx?p _ entity=08434519050150020&geonav=... 9/7/2006 Structural Detail Page 1 of 1 Building Structural Data and Drawing are for the Current Tax Roll. BUILDING 1 nULDiNG 2 BlJIUJING 3 HI IUHNG 4 Structural Element for Building 1 1. YEAR BUILT 2. RESTAURANT 1997 7824 Subarea and Sq. Footage for Building 1 No. Code Description Sq. Footage 1. RESTAURANT 7824 Total Square Footage: 7824 r~0m~iiliiii"ii'1 Extra Feature Description UTILITY BUILDING UTILITY BUILDING PAVING- ASPHALT PAVING- ASPHALT WALL WALKWAY-CONCRETE Year Built Units 546 154 39655 884 343 2920 Unit may represent the perimeter, square footage, linear footage, total number or other measurement of the feature depending on the feature described, Detailed Land Information Land Line # Description 1. COMMERCIAL Zoning C3 Sq. Footage Acres 75358 1.73 ~tti:&_.hAi:t1 r~iiI i"i'i"0,iiI.l~1 [~,I'i"'i.iil!irlbt_gii'iiii&1 R~<::orqS~<:tr<::h I InfOUD<:ttiOIJ I E)(~mptiolJ$ L<::ommqDjl:y I r;mploYm~lJt I N~wJ::Iorn~J3qyer I Office Locations ';Ialqe8IDqJ;tIJ1BJ1J:[kJard I Save QJ![JiQflJe$ I SenLQr<::Qmel I Disclaim~r Home I Links I GIQssilry I F8Q I Forms I CoDtactLJs I PAP8 (f) 2004 Palm Beach Counl:y Property Appraiser, http://www.co.palm-beach.fl.us/papa/aspx/web/detail_inf02.aspx?p _ entity=08434519050 150020&Owner _'" 9/7/2006 Gary R. Nikolits,CF A Palm Beach County Property Appraiser Property Mapping System Legend D Parcel Bo.....dary ~ Lot nuITber Page I of I Owner Information peN: 08434519050150020 Name: BRUS WINGS INC Location: 1333 N CONGRESS AVE Mailing: 5466 W SAMPLE RD POMPANO BEACH FL 33073 3454 Appraisal Value Market Value: Assessed Value: Exempt Amnt: Taxable: 2006 Preliminary Tax Ad Valorem: Non ad valorem: Total: Sales Information ~lesJ)ate NaY-2001 May-1997 Aug-1993 Jun-1992 Jun-1985 Jun-1985 Jan-1983 Palm Beach County Property Map Map Scale 1:1569 Map produced on 917/2006 from PAPA http://www.pbcgov.com/papa $2,727,397 $2,727,397 $0 $2,727,397 $59,988.8 $6,042.3 $66,031.1 price $1,700,000 $925,00 $340,00 $570,00 $10 $1,200,000 1 757 300 http://gisweb.co.palm-beach.fl.us/ipapagis/presentation/mapping/printnew.asD?MAPURL=httn://Q"i sweh.co _ _ _ 9/7 nOOn