The Promenade (2)DEVELOPMEN=' ORDER OF THE CITY COMMISSJ'"N OF THE
Cl'b. OF BOYNTON BEACH, FLORID/-,
PROJECT NAME:
APPLICANT'S AGENT:
APPLICANT'S ADDRESS:
The Promenade
Mr. Michael Weiner / Weiner & Aronson, P.A.
102 North Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 20, 2004
TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 3.975-
acre parcel in the Mixed Use High Intensity (MU-H) zoning district.
LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway
and Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
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:
Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
The Applicant
~' HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
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".
The Applicant'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.
and conditions of this order.
7. Other
All further development on the property shall be made in accordance with the terms
DATED:~
S:~,Planning~HARED\WP'~PRO JECTS',,Promenadc~TE*.,DO. doc
City Clerk
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0 50 100
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EXHIBIT "B"
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EXHIBIT "C"
Conditions of Approval
Project name: The Promenade
File number: HTEX 04-002
Reference: Elevations dated June 22, 2004
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
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/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS: ~
Comments: ~
Page 2
The Promenade
File No.: HTEX 04-002
DEPARTMENTS INCLUDE REJECT
2. To be determined. [ ]
S:~Planning'~S HARED\WPX, F'ROJECTS'~th-omenade~rI'EXkCOA.doc
MICHAEL S. WEINER
CAROLE J. ARONSON
JASON S. MANKOFF
WEINER & ARONSON, P.A.
ATrQRNEYS AT LAW
The Clark House
North Swinton Avenue
Delray Beach, Flodda 33444
Telephone: (563.) 265-2666
Telecopier: (56.1.) 272-683'1
E-mail: jmankoff@zonelaw.com
EXHIBIT "D"
OF COUNSEL:
ROBERT MARC SCHWARIZ, P.A.
Flodda Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
LLM. (In T~tion)
April 28, 2004
Mr. Mike Rumpf
Director and Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Flodda 33425
Via Hand Delivery
Re:
Height Exception Request
Our File No.: BWIA002
Dear Mike:
Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for a Height Exception
for 17 feet as depicted in our site plan being submitted simultaneously to the City.
The proposed building is fourteen (14) stodes, which normally would not be over 150 feet
in height. However, so that the building remains aesthetically attractive, there are certain
mechanical functions and design elements that exceed150 feet in height.
Section 4 (F) (3) lists several items to be answered by an.applicant for a height exception.
The responses are as follows:
(a)
Whether the height exception will have an adverse effect on the existing and
proposed land use.
Answer: The requested height exception will not have an adverse effect on the
existing and proposed land uses since the proposed building is only slightly higher
than permitted by the Mixed Use (High Intensity)Zoning District, which allows for a
height of 150 feet.
(b) Whether the height exception is necessary.
Answer: The height exception is necessary to hide mechanical equipment, elevator
shafts and stair shafts. In addition, the roof treatment provides articulation to give the
buildings a more desirable aesthetic appearance.
(c) Whether the height exception will severely reduce light and air in adjacent
Mr. Michael Rumpf
April 28, 2004
Page 2
(d)
(e)
(g)
(h)
areas.
Answer: The requested height exceptions will not severely reduce the light and air
in adjacent areas. The property is bordered by Boynton Beach Blvd. and Federal
Highway and the Intracoastal waterway, which is open.
Whether the height exception will be a deterrent to the Improvement
development of adjacent property in accord with existing regulations.
Answer: The requested height exception will not be a deterrent to the improvement
or development of adjacent property within the Mixed Use (High Intensity) Zoning
District. To the contrary, the project will act as a catalyst for the redevelopment of
other properties in the adjacent area.
INhether the height exception will adversely affect property values in
adjacent areas.
Answer: Not only will the requested height exception not adversely affect property
values in adjacent areas, it will serve to increase surrounding property values, and
act as a catalyst to improving property values in the area.
Whether the height exception will adversely Influence living conditions in the
neighborhood.
Answer:. The requested height exception will not adversely influence living conditions
in the neighborhood. The additional height will provide for a more aesthetically
pleasing view and neighborhood appearance, compatible with the surrounding area.
Whether the hei.qht exception will constitute a grant of a special privile;le to
an Individual owner as contrasted with the pubic welfare.
Answer: The requested height exception will not constitute a grant of special
.privilege, particularly since without the height exception and the enhanced
architectural features, the appearance would not provide for as much "architectural"
vadety. Past projects have received approval for this height exception and future
developments within the Mixed Use (High Intensity) District will have the dght to apply
for such exceptions.
Whether sufficient evidence has been presented to justify the need for a
height exception.
Answer:. For the reasons set forth herein, sufficient evidence has been presented to
justify the need for the requested height exception for the functional, mechanical, and
architectural features of the project.
Mr. Michael Rumpf
Apdl 28, 2004
Page 3
Please also see the attached architect's letter concerning this Height Exception Request.
Please let me know if you would like us to provide any other additional information.
~' iSM:vf
/,//~son S. Mankoff
O:~BWIA00L:~Form letterJ~ori119.wpd