First American Bank Office Complex MSMP
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA Dovelopment
P&Z
Building
Engineering
Oce. License
PROJECT NAME: First American Bank Office Complex Oeputy City Clerk
----------------
APPLICANT'S AGENT: Brian Cheguis - Cotleur & Hearing Inc.
APPLICANT'S ADDRESS: 1934 Commerce Lane Suite 1, Jupiter, FL 33458
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 20,2009
TYPE OF RELIEF SOUGHT: Request to convert 15,000 square feet of an existing 40,000 square
foot office building to medical uses.
LOCATION OF PROPERTY: 1301 N Congress Avenue
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The APPI~
~HAS
- HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The AP~t'S application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
- DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
C~7J /1 . ,,~~
DATED: ft.' - 9..9.-cc1 r'/u.l0.-'l "'r: .,
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City Clerk I ~ ,
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EXHIBIT "E"
Conditions of Approval
Project name: First American Bank Office Complex
File number: MSPM 09-008
Reference: I" review plans identified with an AUQ1lst 19, 2009 Planning & Zoning date stamp marking.
I DEPARTMENTS I INCLUDE I REJECT I
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. A Traffic Concurrency approval letter from Palm Beach County Traffic X
Engineering will be required prior to issuance of any permits for the interior
build-out.
2. The applicant is responsible for compliance with Ordinance 05-060, the "Art X
in Public Places" program. Should the permit value exceed the threshold of
$250,000, the applicant shall be subject to said regulations.
3. Since only 15,000 square feet of the building would be approved for medical X
office use, the property owner/leasing agent will be required to monitor the
tenants and their respective parking requirements, using a spreadsheet. Each
tenant lease would require a copy of the spreadsheet and that document
would be submitted with each tenant's anplication for an occunational
Conditions of Approval
2
I DEPARTMENTS I INCLUDE I REJECT I
license. This spreadsheet would be maintained and continuously updated by
the property owner/leasing agent.
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments:
None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
To be determined. '1k"1'l.;; _
S:\Planmng\SHARED\WP\PROJECTS\lst Amencan Bank 1301 N. Congress Ave\COA.doc
.
EXHIBIT IIA'I . SITE LOCATION MAP
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PrDi.iSOnaI OIal1rJOO 13<1 135 North NOT TO SCALE
266 268 ...",1 Of 1
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EXHIBIT C
ilCotleur&
Hearing Landscape Architects I Land Planners I Environmental Consultants
19:14 Commerce lane' Suite 1 . jupiter, Florida' 3:\458 . Ph 561.747.6336 . Fax 561.747,\377 ' www.cotleurhearing,com . lic#lC-COO0239
Tuesday, Augusl 18, 2009
1301 N. Congress Avenue (First American Bank Office Complex) Site Plan Amendment
Approval Request - Shared Parking Approval
CH project #09-0524
JUSTIFICATION STATEMENT
Cotleur & Hearing, Inc., on behalf of TP Eleven LLC, (the 'Owner') of the office building located
at 1301 N. Congress Avenue, (a.k.a, First American Bank Office Complex) is pleased to submit
a Site Plan Amendment application for review and approval by the City of Boynton Beach City
Council. Approval of the request would allow for the introduction of up to 15,000 square feet of
Medical Office use within the existing office building. The owners of both 1301 N, Congress
Avenue (a.k.a. First American Bank Office Complex) and the neighboring 1333 N. Congress
Avenue (a,k.a. Bru's Room) currently agree to share an entrance and access to parking
between the joined properties by way of a reciprocal easement agreement in effect as of
September 22"d 1988. This Site Plan Amendment request requires !!Q exterior building
modifications or site improvements/modifications including additional parking spaces or
modifications to existing greenspace or vehicular circulation area.
This request is being made as the City of Boynton Beach does not acknowledge third party
shared parking agreements and this is the only recognized method to approve said parking
arrangement as permitted and outlined in the City's zoning code, specifically Ch. 2. Sec.
11.H.13.
The sharing of parking for Medical Office, Professional Office and Restaurant uses is extremely
efficient based on the peak patronage periods for the various uses. Both office uses have a
constant patronage period spread evenly throughout the day for each week day, By, the end of
each weekday, patronage begins to drop off dramatically through the dinner hours (beginning at
4 pmal1d el'lding at 6pmj, The restaurant use ~s not open in the mornings through the week
and begins to have patronage from lunch through to the end of the day. At the dinner hour the
restaurant use has the highest amount of patronage and into the evening hours. There is no
parking demand for the office use through the weekdays after 5 pm. Further, there is no parking
conflict between the various uses on the weekend as only the restaurant is open and requires
parking for patrons.
Table one within the Shared. Parking Exhibit (attached herein) indicates the amount of parking
that is available on-site (268 parking spaces), It indicates that with Professional Office parked at
1 space per 300 square feet; Medical Office parked at 1 space per 200 square feet and
Restaurant parked at 1 space per every 2,5 seats, that the following ratio of uses would require
up to 290 parking spaces as outlined in zoning code Chapter 2, Section 11 H, 1:
.ProfessionalOffice 25,000 s.f. 83 parking spaces
.Medical Office 15,000 s.f. 75 parking spaces
.Restaurant 329 seats 132 parking spaces
290 total parking spaces req'd
1
F:\Project Documents\09-0524 1301 N. Congress Ave\Applications and Submittals\JustificationStatement9-09-2009.doc
1301 N, Congress A venue EXHIBIT C
Site Plan Amendment - Shared Parking
9/9/2009
Table 2 of the Shared Parking Exhibit which reflects a more realistic utilization of the parking
area given the specific mix of uses at this location indicates that at no time is there a conflict in
the availability of parking for all of the existing and proposed uses at their peak hours of
operation, throughout the day or on weekends. The highest parking demand between the two
properties would be 247 parking spaces during the week between 9 am and 4 pm. It should be
noted that the above figure includes the City's standard 10% parking buffer for additional
assurance that no conflicts shall arise as a result of the shared parking arrangement.
The existing agreement between the two property owners (see attached document) indicates
that perpetual nonexclusive easement rights have been granted in favor of both parties on each
respective property (Section 5 and 6), Further, the agreement clearly indicates that as long as
the parking meets "zoning, platting and subdivision ordinances of any governmental authorities
having jurisdiction over the property" that the agreement remains valid (Section 8). The
previous analysis outlines that all required parking for all proposed uses would meet the
standards of (Ch. 2 Section 11.H.1.d) of the Boynton Beach Land Development Regulations,
The Applicant is anxious to finalize the formal approval of this request as tenant agreements are
tied to a December delivery date for the Medical Use, Should Staff have any questions or
should additional information be required please do not hesitate to contact Brian Cheguis at
Cotleur & Hearing, direct: (561) 718-4512.
~~\g~~'W@.ig)
SEP - 1 2009
~NiNG AND
AFFECTED PROPERTY OWNER CERTIFICATION AND CONSENT AFFNG DEPT.
The undersigned hereby acknowledges that TP Eleven, LLC (owners of 1301 N.
Congress Avenue - a.k.a. First American Bank Office Complex) are submitting to the
City of Boynton Beach Planning and Zoning Division a petition for Site Plan Review for
Major Modifications to Existing Site Plan for the approval of a Shared Parking Analysis
for their site and to include the adjacent property located at 1333 N, Congress Avenue
(a.k.a. Bru's Room Sports Grill).
The undersigned is the owner of the affected property located at 1333 N, Congress
Avenue (a.k,a. Bru's Room Sports Grill).
The undersigned has reviewed the above referenced application material and plans
associated with the request for approval of a Shared Parking Analysis and consents to
the filing of said application by Brian Cheguis of Cotleur & Hearing, Inc..
The undersigned hereby acknowledges the continued existence of the reciprocal
easement agreement executed on September 22, 1988 (as recorded in Offical Record
Book 5821 Page 1318) and mutual covenants contained within said agreement binding
the properties. (Attached herein)
The undersigned does hereby acknowledge, represent and agree that all plans,
specifications, drawings, engineering, and other data submitted with this Site P1an
Review for Major Modifications to Existing Site Plan application for review and approval
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 will become part of the permanent public records of the Planning
and Zoning Division.
FURTHER AFFIANT SAYETH NOT.
The foregoing instrument was acknowledged before me this '2~y of August, 2009,
by Bob Brudzinski who is personallv known to me or who has ProdUCJ/~
.(type ofldentification) as identifi on a . 0 ' aid not) ,
take an oath. . .
t1 eb " I
.
I ~_ '-f\. '---(LP. 2Jl... . ,f
ignature-of Person Taking Acknowledgement) I
~ '{'
- >,v,.. (nl I I ../-z..( ( (,) . Robert Brudzinski
(Name of ACknowledger Typed, Printed or Stamped) Applicant's Name
(Print) (for Brus Wings Inc.)
5460 W. Hillsboro Blvd
(Title or Rank) Street Address
Coconut Creek. Florida33073
(Serial Number, if any) City, State, Zip Code
.....-.nw.o .. ( 561 ) 968-1050
-.....-.....
.,C . -__L Telephone
. -..-
EXHIBIT "0"