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LLP
Gary S. Dunay Bonnie Miske\
Scott Bacl~man David l<. Blattner
Dwayne L. Dickerson
Christina Bilenki
JUSTIFICATION NARRATIVE REGARDING PETITION FOR UNIVERSAL CONDITIONAL MODIFICATION. SITE PLAN APPROVAL AND PARKING TECHNICAL DEVIATION
REQUEST FOR PROPERTY LOCATED AT 2595 NW ZND AVENUE
PB Holdings ofSouth Florida, LLC ("PB Holdings") is the current owner of the property located at 2595 NW 2nd Avenue ("Property") in Boca Raton ("City"). The Property consists of approximately 0.85+1- acres and is zoned B-1 (Local Business) with a future land use designation of Commercial. The Property currently houses a 1 story professional office building consisting of approximately 9,538 +1- square feet PB Holdings is proposing to repurpose the existing office building to accommodate a physical therapy practice with the remaining portions of the building utilized as a medical office. The physical therapy portion of the building will consist of approximately 6,2 77 +I- square feet with the remaining 3,261 +I- square feet being occupied by the medical office. The medical office use is intended to provide complimentary services to the physical therapy practice. In order to accommodate the proposed physical therapy and medical office uses, PB Holdings respectfully requests approval of its application for a universal conditional modification, site plan approval and parking technical deviation approval from the offstreet parking and loading provisions of Chapter 28 (Zoning Code) to allow for a total of 40 parking spaces on the Property where Code requires a total of 4 7 parking spaces. As part of the required approvals, PB Holdings is requesting to amend Ordinance No. 4554 (and the supporting Declaration of Covenants and Restrictions) where necessary the accommodate the proposed uses.
The proposed physical therapy use requires the same number of parking spaces as the professional office use currently occupying the same space (1 parking space per 200 square feet, up to 4,000 square feet, and 1 parking space per 300 square feet in excess of 4,000 square feet); however, the proposed medical office use requires more parking than the professional office use currently occupying the same space (1 parking space per 175 square feet). The Property presently has 40 parking spaces on site; however, the proposed mix of uses discussed above requires 47 parking spaces pursuant to the City's Code of Ordinances C'Code").
Pursuant to the Code Section 28-1659 entitled "Special considerations and expectations;" requests for parking technical deviations must be based on a detailed parking study. In support of PB Holdings' request, enclosed please find the required Parking Study ("Study") prepared by KBP Consulting, Inc. dated February 2014. Based upon the Study's analysis, the total peak number of required parking spaces for the
14 S.E. 4th Street, Suite 36, Boca Raton, FL 33432 Tel: [561)405-3300 Fax: (5b1l409·2341 www.dmbblaw.corn
proposed physical therapy and medical office uses is projected to be 39 parking spaces. As typically requested by the City's traffic engineer, PB Holdings' traffic engineer included a factor of 15% for the orderly turnover of parking spaces. In sum, the Study concluded the following:
Given the actual parking supply of 40 spaces and several characteristics of the operations such as the increased sizes of the treatment areas for greater comfort and privacy, complementary services between the physical therapy and the medical office spaces that will likely result in a "shared parking" phenomenon, and the inclusion of an aquatic treatment area, we believe that the available parking supply at the proposed location will be more than adequate to satisfy the actual parking demand.
The Study further demonstrates that the required standards listed in Code Section 28-1659(2)(a) for technical deviation approval have been satisfied as follows:
1. The technical deviation will provide adequate parking for the development and any reasonably foreseeable future user(s) of the development. In determining the adequacy of the parking, any potential short term or long term changes of uses or conditions, which may affect the adequacy of the parking, shall be considered.
During the time that Study was conducted, Premier Therapy Solutions, as predecessor to PB Holdings, was an existing physical therapy facility located in the City at 33 SE 8th Street ("Existing Facility"). Upon purchasing the Property, PB Holdings will be relocating their business accordingly. Due to the fact that the physical therapy practice was already in use at the Existing Facility, PB Holdings' traffic engineer had the unique opportunity to study the actual parking demand (not proposed or speculated) for the same physical therapy use that will take place on the Property once relocated. The Study concluded that the existing parking supply on the Property is adequate to satisfy the actual parking demand for the proposed physical therapy and medical uses. Please note that the traffic engineer utilized the Code's required 1 parking space per 175 square feet for the entire square footage of the Property that will be utilize for medical office (3,261+/- square feet). Also, the Property's existing building (except for interior renovations) and the adjacent parking field will remain in their current conditions and will not be modified.
2. The technical deviation results in preferable environmental impacts or parking design.
The requested technical deviation will not negatively affect the environment. Further, the existing parking design, as approved by the original site plan, will not be modified. As a result, all potential environmental impacts and parking design issues have already been addressed during the initial site plan approval process; therefore, the requested technical deviation will continue to maintain the preferable environmental impacts and parking design as approved by the original site plan.
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3. The technical deviation is the mm1mum deviation necessary for the petitioner to make reasonable use of the property.
As discussed above, PB Holdings is repurposing the existing building to accommodate the new physical therapy and medical office uses. The existing parking field has a parking supply of 40 parking spaces. The Property's existing building (except· for interior renovations) and the parking field will remain in their current conditions and will not be modified. PB Holdings' request allows for the reasonable use of the existing building's
·square footage without expanding outside of the footprint approved by the original site plan; therefore, the requested technical deviation is the minimum deviation necessary for the PB Holdings to reasonably use the existing square footage of the building.
4. The technical deviation is not detrimental to the public welfare, or injurious to property or improvements in the surrounding area or neighborhood.
The requested technical deviation is not detrimental to the public welfare, or injurious to property or improvements in the surrounding area or neighborhood. As evidenced by the Study, the supply of 40 parking spaces will be more than adequate to satisfy the actual peak parking demand generated by the physical therapy and medical office uses; therefore, all parking activities will be contained within the boundary of the Property.
5. Special and unique conditions exist, which are not directly attributable to the actions ofPBHoldings.
Based on the operation of PB Holdings' business, special and unique circumstances exist that are not typical with other properties, specifically other physical therapy or medical offices. One of the primary reasons for moving to a larger facility is to provide more room for their existing treatments and procedures. While the physical therapy practice is likely to grow, the overall intent of the additional space is to provide a more comfortable experience for their existing and new clients, including greater privacy.
The intent of the medical office that is to be co-located within the building on the Property is to be able to share patients between the medical and physical therapy practices. In other words, the medical doctors and physical therapists will be able to work closely with one another as they administer their services. As discussed in the Study, and from a parking standpoint, this is likely to result in a type of "shared parking" characteristic that is frequently seen in other multiuse facilities. Additionally, a key component of the expanded facilities will be a planned indoor aquatic treatment area that is projected to encompass between 5% and 10% of the overall area. While this element will occupy a large portion of the overall internal space, it is expected to have a lower patient demand than the remaining space (on a per square foot basis) and, consequently, a lower parking demand. As with redeveloping and/ or repurposing most existing sites, PB Holdings is required to work within the confines and restraints of the Property's existing infrastructure to realize the
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DECLARANT AGREES AS FOLLOWS:
1. Recitals: The above recitals are true and correct and by this reference are incorporated as fully set forth herein.
2. Restrictions and Covenant:
A. Declarant agrees that no structure or structures to be built on the Property shall exceed 9,538 square feet of building floor area.
B. Declarant agrees that the medical office portions of the existing building shall be limited to a maximum of 3,261 square feet, as described in the attached Exhibit "B" hereinafter referred to as the "Restricted Areas". The Restricted Areas shall further be prohibited from being utilized as an urgent care center, pediatrician's office or ophthalmologist's office and the medical office uses shall compliment the professional office and/or physical therapy practice.
C. Declarant agrees that the physical therapy tenant on the Property shall be limited to Premier Therapy Solutions. Declarant further agrees that any change of tenant for the 6,277+/- physical therapy space will require a new site plan approval by the City, pursuant to a new parking study supporting the proposed tenant change.
D. Declarant agrees that no structure or structures to be built on the Property shall exceed one (1) story or twenty-five (25) feet in height.
E. Declarant represents and warrants that there are no mortgages, liens or other encumbrances upon the Propetiy described on Exhibit "A".
3. Miscellaneous:
A. This Declaration shall run with the land and be binding upon and shall inure to the benefit of the parties hereto, their heirs, successors, assigns, administrators and personal representatives and is enforceable by the City of Boca Raton, and, except as provided in Paragraph B, below, shall be in perpetuity.
B. This Declaration may not be amended, changed, modified, in whole or in part, canceled <;>r tetminated (collectively "Amendment") without the written consent of the City of Boca Raton according to the procedures set out in the applicable provision of the Code.
C. The City of Boca Raton shall be the only third party beneficiary of this Declaration and shall be entitled to enforce this Declaration as if it were a party hereto.
D. Binding Effect. This Declaration and the restriction and covenant granted hereunder shall constitute a restriction and covenant running with the land and shall bind, and the benefit thereof shall inure to, the Declarant and any owner of the Property, and their respective successors and assigns, and the City of Boca Raton (collectively, "Beneficiaries"). A violation of any provision of this Declaration shall constitute a violation of the Approvals and shall be
Declaration of Covenants and Restrictions Page 2 of?
subject to enforcement through a suit in equity, or through any enforcement mechanism provided by the Code.
E. Invalidation of any of the provisions contained in this Declaration or of the application thereof to any person by judgment or court order shall be in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in force and effect.
F. This Declaration shall become effective upon its recordation m the Public Records of Palm Beach, County, Florida.
[Signature page to follow]
Declaration of Covenants and Restrictions Page 3 of7
tETURN TO: , j ''.YNN !3P~CJ:R,,LAND RECORDS ::ITY OF BOCA RATON !01 w PALMETTO PARK RD . 30CA RATON, FL 33432
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ORDINANCE NO. 4554
FINAL 1/9/2001
Mar-02-2001 01:06pm 01-077720 ORB 1. iS:~4 7 Pg 460
IIIII II llD IIIII 1111111118 II IIIII III U BIIIUII II 11111111
AN ORDINANCE OF THE CITY OF BOCA RATON
AMENDING THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN BY REDESIGNATING CERTAIN
PROPERTY CONSISTING OF 0.85 ACRES, MORE OR
LESS, LOCATED AT 2595 NW BOCA RATON
BOULEVARD, AS MORE SPECIFICALLY DESCRIBED
HEREIN, FROM RL (RESIDENTIAL LOW) TO C
(COMMERCIAL); PROVIDING FOR THE APPROPRIATE
REVISIONS OF THE FUTURE LAND USE ELEMENT MAP;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEALER; PROVIDING AN EFFECTIVE DATE
(U C-00-03SC/00-50000004)
16 WHEREAS, the Planning and Zoning Board, after notice and public hearings, has
17 . considered the appropriateness of the existing and proposed land use designation in the
18 Comprehensive Plan of the City for the property which is the subject of this ordinance, and has
19 submitted its recommendation to the City Council; and
20 WHEREAS, the notice and hearing requirements for Comprehensive Plan
21 amendments, as set forth in the Florida Statutes and the Code of Ordinances, have been
22 satisfied; and
23 WHEREAS, the City Council has taken the recommendation of the Planning and
24 Zoning Board and the comments from the public into consideration, and has also considered the
25 appropriateness of the existing and proposed land use designation for the property which is the
26 subject of this ordinance: now therefore
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ORB. 1. e34 7 Pg 4.61 1
2 THE CITY OF BOCA RATON HEREBY ORDAINS:
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4 Section 1. The future land use designation of the following-described property is
5 changed, effective upon this ordinance taking effect pursuant to Section 5 and compliance with
6 the conditions set forth in Exhibit "A", from RL (Residential Low) to 0 (Commercial) on the
7 Future Land Use Element Map of the Comprehensive Plan of the City:
8 LAND DESCRIPTION: 9
10 All that part of Lot 20, of Block 22, of BOCA RATON HILLS, as recorded 11 in Plat Book 23 at Page 77, Palm Beach County records, described as 12 follows;. 13 14 Being a strip of land 160 feet in width and 1 00 feet in length measured 15 along the westerly right-of-way line of 91
h Avenue according to said above 16 described plat, which strip of land is bounded as follows: Bounded on the 17 east by the Westerly right-of-way line of said 9th Avenue. Bounded on 18 the west by a line running parallel with and 160 feet westerly, measured 19 at right angles from the said westerly right-of-way line of 9th Avenue. 20 Bounded on the south by a line at right angles to said westerly right-of-21 way line of 9th Avenue ahd located 1 ,250 feet northeasterly at right 22 angles from the northeasterly line of Lot 19, Block 21, Plat Book 23, Page 23 65, described above. Bounded on the north by a line at right angles to the 24 said westerly right-of-way line of 9th Avenue, and located 1 ,350 feet 25 northeasterly of the northeasterly line of said Lot 19, Block 21, described 26 above, said 1 ,350 feet being measured along and coincident with the said 27 westerly right-of-way line of 9th Avenue. 28 29 TOGETHER. WITH 30 31 All that part of Lot 20, of Block 22, of BOCA RATON HILLS, as recorded 32 in Plat Book 23 at Page 77, Palm Beach County records,· described as 33 follows: 34 35 Being a strip of land 160 feet in width and 150 feet in length measured 36 along the westerly right-of-way line of 91
h Avenue according to said above 37 described plat, which strip of land is bounded as follows: Bounded on the 38 · east by the Westerly right-of-way line of said 9th Avenue. Bounded on 39 the west by a line running parallel with and 160 feet westerly, measured 40 at right angles from the said westerly right-of-way line of ~th Avenue. 41 Bounded on the south by a line at right angles to said westerly right-of-42 way line of 9th Avenue and located 1 ,350 feet northeasterly at right 43 angles from the northeasterly line of Lot 19, Block 21, Plat Book 23, Page 44 65, described above. Bounded on the north by a line at right angles to the 45 said westerly right-of-way line of 9th Avenue, and located 1 ,500 feet
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ORB :1. 234 7 Pg 46,2
1 northeasterly of the northeasterly line of said Lot 19, Block 21, described 2 above, said 1,500 feet being measured along and coincident with the said 3 westerly right-of-way line of 9th Avenue. 4 5 LESS 6 7 A portion of land lying in Lot 20, Block 22, Section 3, BOCA RATON 8 HILLS, according to the plat thereof as recorded in Plat Book 23, Page 9 77, of the Public Records of Palm Beach County, Florida, said portion
1 0 also lying in the property described in the Official Records Book 2201, 11 . Page 1637, of the Public Records of Palm Beach County, Florida, being 12 more particularly described as follows: 13 14 BEGINNING at the most southerly corner of said property; .thence 15 N43853'23"W, -along the south line of said property, a distance of 19.69 16 feet to a point on the westerly right-of-way line of proposed N.W. Boca 17 Raton Blvd. (aka N.W. 2nd Avenue, aka Ninth Avenue); thence 18 · N48851'24"E, along said right-of-way line, a distance of 179.80 feet to a 19 point on the existing westerly right-of-way line of said N.W. Boca Raton 20 Blvd. and a point of cusp; thence S41846'23"W, along said existing right-21 of-way line, a distance of 112.90 feet to a point of curvature of a curve 22 concave to the northwest, having a radius ·of 886.09 feet; thence 23 southwesterly along the arc of said curve, and along said existing right-of-24 way line, through a central angle of 4820'14", a distance of 67.08 feet to 25 the POINT OF BEGINNING. 26 27 Said lands situate in the City of Boca Raton, Palm Beach County, Florida 28 and containing 37,091 square feet (0.85 acres) more or less. 29 30 31 Section 2. The granting· of this land use is subject to this ordinance taking effect
32 pursuant to Section 5 and compliarrceiY.fith· ·11.; ( 1 ), (2), (3) and ( 4) set forth in Exhibit "A". Upon
33 determining that this ordinance has taken effect and the petitioner has complied with the
34 requirements set forth in II. (1 ), (2), (3) and (4) of Exhibit "A" to this ordinance, the City Manager
35 is hereby directed to cause the Future Land Use Element Map of the Comprehensive Plan to be
36 amended in accordance with this ordinance.
37 Section 3. If any section, subsection, clause or provision of this ordinance is held
38 invalid, the remainder shall not be affected by such invalidity.
39 Section 4. All ordinances and resolutions or parts of ordinances and resolutions and
40 all sections and parts of sections in conflict herewith shall be and hereby are repealed.
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ORB 1. 234 7 Pg 4E.3
Section 5. This ordinance· shall take effect upon the later of: (1) the recording of legal
instruments, acceptable to the City Attorney, imposing conditions II. (1 ), (2), (3) and (4) set forth
in Exhibit "A" on the property, and (2) the expiration of 31 days after adoption or, if challenged,
upon the Department of Community Affairs or the Administration Commission issuing an order
determining the amendment to be in compliance in accordance with Section 163.3187, Florida
Statutes.
PASSED AND ADOPTED by the City Council of the City of Boca Raton ~day of
~LlL.!.."'--"~~,t:....--' 2001.
CITY OF BOCA RATON, FLORIDA 1 t.. .~· 12 I) ITEST: · · ..... 13 ....
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15 - ... ~ 16-::·,·_ - ?t/1~ 17 . . narma Carannante, City Clerk 18 19 20 21 22 23 24 25 26 27 28 29
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Approved as to form:
City Attorney
000374
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ORB l. 234 7 Pg 464 EXHIBIT A
CONDITIONS APPLICABLE TO FUTURE LAND USE ELEMENT AMENDMENT
CASE NO. 00-50000004, UC-00-03/SC ORDINANCE NO. 4554
I. General Conditions. The special conditions contained herein shall apply to the
development and use of the property described in Section 1 of this ordinance (the "propertl).
This petition has been processed pursuant to and is subject to the provisions of Article VI of
Chapter 23, Code of Ordinances, City of Bo.ca Raton. Each of these conditions has been
offered by the petitioner for this future land use element amendment, who has represented to
the City Council of the City of Boca Raton that it is the express intent of the petitioner to be
governed by the conditions contained in Article VI of Chapter 23, Code of Ordinances, and that
the , conditions contained therein shall govern development of the property, and that said
conditions ·shall bind the successors in title to the petitioner. These conditions are adopted
pursuant to the authority contained in the Charter of the City of Boca Raton, Article VI of
Chapter 23, Code of Ordinances, and applicable provisions of the United States and Florida
Constitutions, and the Florida Statutes, including, but not limited to, Chapters 163 and 166,
Florida Statutes. Adherence by the petitioner and successors in title to the petitioner to these
conditions is deemed by the City Council to be an integral part of its determination that adoption
of this ordinance is an appropriate exercise of its power to amend the future land use element of
the City's Comprehensive Plan with respect to the property described in Section I of this
ordinance. If any condition set forth herein is declared invalid or unenforceable for any reason,
the City Council expresses its intent that it would not have enacted this ordinance without said
condition. Future compilations of the Comprehensive Plan shall include these conditions and
shall give notice of the applicability of these conditions to the pro"perty.
II. Specific Conditions. The specific conditions offered by the petitioner. and
29 applicable to the development and use of the property are as follows:
30 (1) This approval is based on, and all development on the property shall be
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1 consistent with, a site plan entitled "Office Building For DGS Properties" submitted by Slattery
2 and Associates, Inc. received by the Development Services Department, August 2, 2000.
3 (2) The only permitted uses shall be general, professional and governmental offices,
4 except medical offices. Medical offices are prohibited.
5 (3) No structure(s) to be built on the land shall exceed in the aggregate more than
6 9,400 square feet of building floor area.
7 (4) No structure(s) to be built on the land shall exceed one story and twenty five feet
8 (25') in height.
9 (5) Approval from the Public Works Review Committee (PWRC) shall be obtained
10 prior to the issuance of a building permit. Plans are to be prepared, signed, and sealed ~y a
11 Florida registered professional engineer.
12 (6) The petitioner shall obtain all building permits by the date specified in Section
13 23-359, Code of Ordinances, or December 3~, 2001, (the latest date for which background
14 traffic was analyzed), whichever is earlier. Failure to comply by this date shall subject this
15 · approval to all remedies pursuant to the above.-described code section and require the applicant
16 to provide a revised traffic study to· i~~lude .the then existing background traffic and to retest for
17 concurrency and consistency. If the::sJ~:.~dy ~haws a failure of any test or the property is returned
18 to its former designation pursuant to the above-described code section, then this approval shall
19 be null and void.
20. (7). Any upgrade(s) required for water and sewer utilities shall be done at the owner's
21 expense.
22. (8) Compliance with the Palm Beach county "Fair Share Contribution for Road
23 Improvements" ordinance is required and either $22,302.96 or an amount to be determined at
24 the time of permitting shall be due.
25 (9) A jurisdictional wetland determination from the South Florida Management district
26 and Army Corps of Engineers shall be obtained prior to the issuance of a building permit.
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ORB ;J. 234 7 Pg 466 DOROTHY H. WI~KEN, CLERK PB COUNTY, FL
1 (1 0) The applicant shall provide a vegetative survey at the time of tree survey
2 submittal to determine of. a~y listed species, such as leather fern, are located on the subject
3 site.
4 (11) Recordation of a final plat of the subject property shall be required prior to the
5 issuance of a building permit.
6 (12) It shall be the responsibility of the petitioner to apply for and receive all necessary
7 permits and approvals from other governmental authorities and regulatory agencies prior to
8 receiving any building permits from the City of Boca Raton unless specifically provided for in this
9 development order.
10 (13) The applicant shall landscape the median to the satisfaction of the Recreation
11 Services Department, or the applicant shall participate in the area's Beautification Program in a
12 manner acceptable to the Recreation Services department. This condition shall be complied
13 with prior to the issuance of a building permit.
14 · (14) Development orders and permits shall be issued for the property only if
15 consistent with the provisions of this ordinance, provided, however, that no such development
16 orders and permits shall be issued until the recording of legal instruments, acceptable to the
17 City Attorney, imposing conditions II. (1), (2), (3) and (4) on the property~ Furthermore, no
18 development orders or permits shall be issued until this ordinance becomes effective.
19 (15) The landscape buffer to be provided along the western perimeter of this parcel
20 shall be similar to the landscape buffer proposed at the western boundary of the project directly
21 adjacent to the north, namely shown on the site plan for the Boca Raton Office Park pursuant to
22 UC-00-01.
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