CORRESPONDENCE
A~G 9 2001 8 29AM
KTL~AY & ASSOClATES
NO. 427
p 2
Kilday & Associates
Landscape Architects I Planners
1551 Forum Place, Suite 100A
West Farm Beach, Florida 33401
(561) 889-5522 Fax (561) 689-2592
wvwv.kilday; no.com
fiLE COpy
r. :tAf{l-V tJ/- 0/1-
August 8, 2001
Lusia Galav, Senior Plarmer
100 E. BO}l1ton Beach Blvd., Box 310
Boynton Beach, FL 33425
RE Code Review request for Boynton Beach l\tIedlcal Pavilion :N'VSSP 01-004
Our~le!i63.2S r ~ ,_ ~
DearMrr- ~'
Our office has SIte plan, variance, and bwldmg height exceptlon apphcatHms under
review by the City for the referenced petItion. Among these applications is a variance
from the building heIght reqUlIements (3 ' variance) and a request for a height e :tception
(to accommodate the parapet screemng) Based on comments from our TRC meetmg
and staff's recoromendatlons, we would like to rescmd these two specIfic ap:~Ucations
and request that the CIty undertake a 'Code Re....i.ew' as follows
. Amend Chapter 2, Section 16 AJ of the Zoning Code to allow buildin:~ heights
up to 30' in the C-l DIStrict.
. Amend Chapter 2, Section 4(f) of the Zonmg Code to mclude parapet screenmg
on the list of Items wluch can potentially be except from the bwldmg helght
Imutatlon.
Oo.ly the two speCIfic apphcatlons above are to be WIthdrawn from our peti'i,)n. Our
va.'1ance from the parking requirements and a building heIght exceptlon for a smgle
entry feature should contInue to be reviev{ed by staff.
AS we discussed, I will also be providing you VlIth addItIOnal details regal:hng the
uruque heIght requirements ror me&cal buildmgs. Please call me WIth any qu:~ ltions on
this matter.
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Kilday & AsSOCIates
Cc Leonard Mass, Sen:or Vice PresIdent. Rend.ma Comparues
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DEPARTMENT OF DEVELOPMENT
MEMORANDUM NO PZ 01-143
FROM
Janet Pralmto
CIty Clerk
MIchael W Rumpf - ~
DIrector ofPlanmn
TO
DATE
July 19, 2001
SUBJECT
East Boynton MedIcal Arts PavIhon
(Bethesda Healthcare System, Inc )
Zomng Code Vanances 01-017
Accompanymg thIS memorandum you WIll find an apphcatIOn and supportmg documentatIOn for
the above-referenced case. A check m the amount of $500 00 to cover the reVIew and processmg
of thIS apphcatIOn has been forwarded to the Fmance Department.
The legal advertIsement for thIS request WIll be forwarded to your office after reVIew by the CIty
Attorney The requested vanance IS scheduled for the August 28, 2001, Planmng and
Development Board meetmg. Please advertIse m the newspaper and notIce to property owners
accordmgly
I\CH\MAJN\SHRDATAIPlanningISHARED\WP'.PROJECTSIEast Boynton Medical Arts Pa>illion\DIC\flLegal notice doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the followmg apphcatIOn has been made to the
PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH,
FLORIDA, for a heanng as mdIcated, under and pursuant to the provlSlons of the zonmg code of
said CItY"
Owner
Bethesda Healthcare System, Inc
Apphcant:
Boynton East MedIcal Investors, L TD
Request:
Request a vanance from the CIty of Boynton Beach Land
Development RegulatIOns, Chapter 2, Zonmg, SectIOn 6 A.3, to
allow a three (3) foot vanance above the maXImum bUIldmg heIght
of 25 feet allowed by code for a bUIldmg on a parcel zoned C-l
Request:
Request a vanance from the CIty of Boynton Beach Land
Development RegulatIons, Chapter 2, Zonmg, SectIOn 11, H. 16
D (19), to allow one (1) parkmg space per 210 square feet of gross
floor area mstead of the reqUIred ratIo of one (1) parkmg space per
200 square feet of gross floor area resultmg m 139 spaces m heu of
146 spaces, a reductIon of seven (7) spaces for a medIcal office
bUIldmg on a parcel zoned C-l
LocatIOn.
2800 Seacrest Boulevard.
Legal
A parcel of land m SectIOn 33, TownshIp 45 South, Range 43 East,
Palm Beach County, Flonda.
(Full legal descnptIon IS on file m the Plannmg & Zonmg
DIvlSlon)
A PUBLIC HEARING BEFORE THE PLANNING AND DEVELOPMENT BOARD
WILL BE HELD RELATIVE TO THE ABOVE APPLICATION AT THE
COMMISSION CHAMBERS, CITY HALL, 100 E. BOYNTON BEACH BLVD
BOYNTON BEACH, FLORIDA, ON TUESDAY, AUGUST 28, 2001, AT 7.00 P.M.
All mterested partIes are notIfied to appear at saId heanngs m person or by attorney and be heard
or file any wntten comments pnor to the heanng date. Any person who deCIdes to appeal any
declSlon of the Plannmg and Development Board WIth respect to any matter conSIdered at these
meetmgs WIll need a record of the proceedmgs and for such purpose may need to ensure that a
verbatIm record of the proceedmgs IS made, WhICh record mcludes the testImony and eVIdence
upon WhICh the appeal IS to be based.
The CIty shall furnIsh appropnate auxIhary aids and servIces where necessary to afford an
mdIvIdual WIth a dIsabIhty an equal opportumty to partIcIpate m and enJoy the benefits of a
servIce, program, or actIvIty conducted by the City Please contact Patncla Tucker (561) 742-
6268, at least twenty-four (24) hours pnor to the program or actIvIty m order for the City to
reasonably accommodate your request.
PUBLISH THE POST August 13,2001
CITY OF BOYNTON BEACH
PLANNING AND ZONING DIVISION
(561) 742-6260
Kilday & Associates
Landscape Architects I Planners
1551 Forum Place, Suite 100A
West Palm Beach, Florida 33401
(561) 689-5522 Fax (561) 689-2592
www kildayinc.com
Variance Request for Bethesda Medical Arts Pavilion
Prepared by Kilday & Associates, Inc.
June 13, 2001
On behalf of the petItioner, Boynton East Medical Investors, LID, please accept thIS
variance applicatIon for relIef from two sections of the CIty's Land Development
Regulations.
1 Chapter 2, SectIon 11 H. 16.d (19) reqUIres medIcal offices to park at 1
space per 200 sf of gross floor area. Our SIte plan wIll park the medical
office at a rate of 1 space per 210 sf of gross floor area. A variance of
5 %, or 7 spaces, is requested.
2. Chapter 2, Section 16 A.3 Includes bUIlding heIght limItation of 25' on
structures m the C-l ZOnIng Distnct. Our proposed office bUIldmg is 28'
m heIght. A variance of 12%, or 3 feet is requested.
ThIS request wIll be revIewed concurrently WIth our applIcation for site plan approval
whIch was submitted on June 6, 2001 The property IS m the C-l Zoning District, whIch
limits building heights to 25' The proposed height variance will not affect the overall
square footage, a two story building is proposed. ThIS proposal is necessary to
accommodate the hIgher ceIlIngs and additional equipment that IS reqUIred by the state
for the uses proposed in the medical offices. The parkIng variance is necessary due to the
unusual dImenSIOns of the property
The SIte plan approval is for a 29,173 sf medIcal office bUIlding. Part of the amenIty
package offered to the future tenants of the building wIll be unusually high ceilings
wIthm the offices. ThIS amenity, whIle vIsually appealIng, IS also a functIOnal necessity
Because of the unusual nature of many the medical uses proposed for this bUIlding,
including ambulatory surgery, higher ceilings are required by state law In addItIon,
technologIcal advances in surgIcal procedure have made It possible for more outpatIent
surgeries to be possible at specialIzed offices, such as those that will be located m this
building. The need for superior aIr circulatIon and ventilation is reqUIred when even
mmor surgenes are performed. In order to provide thIS augmented level of aIr CIrculatIOn
and ventIlatIon, a mInImUm of 4 feet is required for each floor Combined WIth the
hIgher ceiling heights, a total of 28 feet will be required for the two story building.
The subject property IS located at the southeast corner of Seacrest Blvd. and SE 27th Ave.
This area of the City is predominately medical, hospital and ancillary uses. This stretch
of Seacrest Blvd. mcludes vanous types of medIcal office buildings, most of WhICh were
constructed over 30 years ago and whIch have subsequently began to fall mto disrepair
However, the redevelopment of the Bethesda Memorial HospItal, which is located
directly across the street from the subject property, has acted as an Impetus for the
redevelopment of the surroundmg propertIes. These new medIcal bUIldmgs are more
modem and include a greater level of amenities for the customer, both practical and
aesthetic ConsIstent WIth thIS renaissance to the area, the petitioner IS proposmg to
redevelop the subject property to these same modem standards. As a raze and
redevelopment project and as IS typIcally the case wIth mfill redevelopments, there are
vanous mherent problems for the developer to overcome.
Attachment 'A' mcludes pictures of the current development on the property Please note
the decrepit condItion of the buildings, the madequate/nonexistent penmeter and parkIng
lot landscapmg, as well as the extremely dangerous dIrect access that currently eXIsts into
the site from Seacrest Blvd. The petitioner IS attemptmg to redevelop a property that, as
it's currently used, fails to meet the current LDR reqUirements for setbacks, landscaping,
parkIng, handicap accessibIlIty, buffers, and numerous other Code requirements. Also,
from the survey, note the unusual dImensIOns of the site and the current parking layout on
the property The shape is approxImately a narrow rectangle WIth a sharp angled triangle
to the rear Among other problems, thIS makes It partIcularly dIfficult to provIde ingress
and egress onto the SIte. The current use on the site was able to overcame this obstacle
by not providmg any curbmg or landscapmg along half of ItS Seacrest frontage, and
penmttmg cars to park along the property frontage. ThIS has created a SItuation whereby
cars must back onto Seacrest Blvd. to exit theIr parking spaces. In addition, the existmg
use on the property provIdes 108 spaces for 23,149 sf of medIcal office. This is a rate of
one space per 214 square feet. The current LDR's reqUire one space per 200 sf The
proposed plan, even WIth the addItIOnal burden of provIdmg all of the landscapmg Islands
within the parkIng area, provIdmg all of the setbacks and landscape buffers of the LDR's,
and elimmating the hazardous parkIng along Seacrest Blvd. provIdes more parking per
square foot than currently eXIsts on the SIte.
The eXIstmg buildings on the site are defiCIent m terms of the current Code reqUirements
and m terms of what the CIty would envision for thIS property In spite of these problems,
the petitIoner has created a SIte plan which meets all of the current requirements except
for the two minor vanances requested with this applIcatIOn. Whether reviewed
individually or in conjunction WIth the entire plan, the proposed vanances WIll radically
improve upon the current situation and wIll have only a positive effect on the surrounding
community As further described below, the reasons that have made these variances
necessary are not the fault of the petitIoner, but rather they are the result of the unusual
lot configuratIOn and the peculiar uses proposed for the medIcal buIlding.
a. That special condItions and circumstances exist which are peculiar to the
land, structure or building involved and whIch are not applicable to other
lands, structures, or buildings in the same zoning district.
There are special circumstances that are the peculiar to the land and building
involved. The land is of a peculIar shape that significantly effects the way the
bUIldmg and parking lot must be deSIgned. ThIS unusual site configuratIon has
effectively lImited the land available for parkIng. The current building parks the
minimum required for the use proposed. Any less wIll not permIt the applicant to
provIde adequate room and ventIlatIOn for the offices. A vanance of seven (7)
parkIng spaces IS the mmimum necessary to make redevelopment of thIS site
possible.
f That the granting of the variance will be in harmony wlth the general
intent and purpose of this chapter and that such variance will not be
injurwus to the area involved or otherwise detrimental to the public
welfare.
The vanances requested are consistent wIth the general mtent and purpose of each
chapter of the LDR and WIll not be detrimental to the public welfare. It IS not
uncommon for minor vanances such as these to be necessary m order to redevelop
infill SItes such as thIS one. The ultimate redevelopment of the site IS contingent
upon the approval of these variances and WIll result in a vast improvement for the
commumty as a whole The Code estabhshes buIlding heIght limItations m each
zonmg distnct for two pnmary purposes. First, lnmtations on buildmg heights
ensure vIsual compatibIhty between buildmgs. Second, height limitations restnct
the intenSIty of square footage that can be attained on a property This proposal will
not compromise eIther of these purposes. The proposed 28 foot bUIldmg heIght is
the same as the adjacent office bUIldmg, and the overall square footage IS not
affected by the grantmg of this vanance. As for the parking vanance, smce the
current office bUIldmg use on the SIte provides less parkIng than IS proposed,
grantmg the vanance will not be detrimental to the public welfare, but rather, it WIll
benefiCial to It.
Considering the benefit to the pubhc welfare, the special circumstances that exist on the
site and with the proposed uses, as well as the lack of any negatIve impacts to the
surroundings, we respectfully request that you grant the requested vanances.
ATTACHMENT 'A'
'J~~
Adjacent buildil12 is 28' in heiKht ~
REQUEST FOR PUBLISHING
LEGAL NuTICES AND/OR LEGAL ADVERT1~EMENTS
A completed copy of thIS routmg slIp must accompany any request to have a Legal NotIce or
Legal AdvertIsement publIshed and must be submItted to the Office of the CIty Attorney two (2)
workmg days pnor to the first publIshmg date requested below
ORIGINATOR. Planmng and Zomng
PREPARED BY Michael Rumpf DATE PREPARED July 19, 2001
BRIEF DESCRIPTION OF NOTICE OR AD Zomng Code Vanances for Bethesda Healthcare
System, Inc. to allow a three (3) foot heIght vanance above the maXImum bUIldmg heIght of25
feet and to allow a seven (7) space reductIOn m parkmg reqUIred for a C-I zoned parcel.
Planmng and Development Board meetmg to be held on August 28,2001. at 7.00 p.m. at the
CIty Hall ComrmssIOn Chambers, 100 E. Bovnton Beach Blvd., Bovnton Beach, Flonda.
SPECIAL INSTRUCTIONS AND REQUIREMENTS (SIze of Headlme, Type SIze,
SectIOn Placement, Black Boarder, etc ) STANDARD LEGAL AD
SEND COPIES OF AD TO All property owners (postmarked August 13, 2001) wIthm 400 foot
radIUS of the sublect property, applIcant and DIrector ofPlannmg and Zomng.
NEWSP APER(S) TO PUBLISH. The Post
PUBLISHED August 13,2001
LAST DAY TO FAX TO THE PAPER BY 3.00 P.M. August 9,2001
(Date)
(2)
(CIty Attorney)
(Date)
RECEIVED BY CITY CLERK.
COMPLETED
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(I) rNe) understand that this appItcatlon and all papers and plans submitted
herewith become a part at the permanent records of the Planning and Zoning
DMsion (I) rNe) hereby certtfy that the above statements and any statements or
showings In any papers or plana submitted herewith are true to the beet of (my)
(our) knowledge and belief. This appl1cation wiD not. be accepted unless signed
according to the Instructions below.
By' BOYNTON EAST MEDICAL EQUITY
INVESTORS, L m , a Florida limited
partnership, its sole general partner
J/~/ a(
Date
SIgnature of Applicant
BOYNTON EAST MEDICAL INVESTORS,
L TD , a Florida limited partnership
By' BOYNTON EAST MEDICAL EQUITY
CORPORA , a Florida corporation, its
sole gene r
By'
Name: Patrick J nj~ah'8
Title: Vice President
IV. Al(I"HORIZATlON OF' AGENT
KIlday ~ me.
Signature of Authorized Agent - C~t\ > ~r
6 J 1J:C1
Date
(I) (We) hereby designate Klldav It Associates. Inc. as (my) (our) authorized
agent In regard to this application.
fa IS/ol
BOYNTON EAST MEDICAL INVESTORS,
L Tn , a Florida limited partnership
Date
By' BOYNTON EAST MEDICAL EQUITY
INVESTORS, LTD , a Florida limited
partnership, its sole general partner
By' BOYNTON EAST MEDICAL EQUITY
CORPORA nON, a Florida corporation, its
:~g~
y a i11Vo
Name "I p 'de t
v (,;c leal I.
Title:
Sent By RENOINA COMPANIES,
~ MRI f" ,." ~ jjAM
I'
I.
'.
6551208,
~llnAY & A~~U~!Alt~
Jun_5-01 9 05AM,
NO. 262
Page 3/3
f. 2
Boynton East Medical
gIve:oonsent to Il\ve.R tor II. Lt.d _ . and their authorJad agent
to act on my behalf, to submit this application and all required
~ documents. and to attend and rep....ent me at an meeting. and public
:hearin pe~ning to the .ubJect property located in the CIty of Boynton Beach. I hereby
:gIve CO ~YJ1t.on. E,ut. M.d. TnVIlf: l."..to agree to all terms or conditions that may
:arlle as part ., the approval of this application.
:1 here certifY that I have fun knOwledge that the property I have an ownership interest in
:fa the. ;ect Of this appRcatJon. I further c:erttfy the sta.mem. or information made In any
;paper 0 plane eubmltttd herewith are true and correct to the best of my knowledge.
~
(sW J!/ltl/
~\~,"T 0-0 bzAcJI\ Fd ~ rlS
(City, tee Zip)
"SooT~ ~tAC ~T
P) l.. f:J) ·
I~otary .
The foo oingImnwu acI<nowIedged before 1119111l8.lit.. day of ~.
[20 D by ~ * till (name of person .cknowledgln~
l~pelSon Iy kn~ to me or has produced (type of identification)
:..Iden tlOn and did/dId not take an oath. (circle correct response)
~e~
"gnature)
3Jro.IOA.
Notary'. Seal or Stamp
I
I'
IIMM'I PUBLIC inTI QII 'LcmlD~
KAREN I ioOT~KV
COMMISSION' CCT2.t1072
I;lCPIRES 311~
IONOEO THRU ASA ,:aIl8-NOTARV'
\.
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..
RIDER!p SITE PLAN APPUCATlON
The undersigned as applicant for Final Site Plan Approval does hereby aoknowledge,
represent and agree that all plans, specifications, drawings, engineering, and other data
submitted with this appncation for review by the CIty of Boynton Beach shall be reviewed
by the various boards, commissions, staff personnel and other parUes 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 undel'8lgned 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 Shaff place the applicant In violation of this application and all approvals and
permits which may be granted.
The applicant agrees to aUow the CIty of Boynton Beach all rights and remedies
as proVided for by the applicable codes and ordInances of the City of Boynton Beaoh to
bring any violation Into compliance, and the applicant shall Indemnify, reImburse and
eave the CIty of Boynton Beach harmless from any oost. expense, claim, liability or any
action which may arise due to their enforcement of the same.
S daYOfJdne.2~
~~F!DANDAGREF!DT01hie
W oa1J .~~
n.tU..L,... .
BOYNTON EAST MEDICAL INVESTORS
L TD , a Florida limited partnership
Witness
By BOYNTON EAST MEDICAL EQUITY
INVESTORS, L TD , a Florida limited
partnership, its sole general partner
By' BOYNTON EAST MEDICAL EQUITY
CORPORA nON, a Florida corporation, its
sole gener er
BY'
Name:
Title.