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The Arches (2) DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA Development paz Building Engineering Occ, License Deputy City Clerk PROJECT NAME: The Arches AGENT: Bonnie Miskel and Kim Glas-Castro with Ruden McClosky AGENTS ADDRESS: 222 Lakeview Avenue, Suite 800 West Palm Beach, FL 33401 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: September 6, 2005 TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 4.688-acre parcel in the Mixed Use High Intensity (MU-H) zoning district. LOCATION OF PROPERTY: Southwest corner of the intersection of Federal Highway and East Ocean Avenue 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: 7. DATED: 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 APPlix~nt 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 Applicant's application for relief is hereby -X- 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. S,IPlanningISHAREDlWPIPROJECTSIARCHES @BBIHTEXOS.Q06\DO,doc -I -()$.- Exhibit 'A' - Location Map I o 100 200 I 400 600 800 1 Feet w.' < t- 3:: () -I i~ ::T 15' 3 CD ~~ )> OJ "0 .., -m 0 Ir d-, ::T I>> [g CD ~~ en a. c y 5" p " CD i c.. ~ CD .., z m o lii ~m I llJ- -. ,Ill (0 ~i ::T =, ~ rn m ~'< !m c _ !l!. CD < I D> ~ o :J i. ~ OJ o '< :J 0 ra+ - o ~ ::x: :J ~. OJ ::T CD ~ ~ m ~ ~. g. lii - ~" F> r;; . . q - ~ ~ ~ I ~ I 00000 ;~;;W=o--on_~ - -_t~N- . I 11111 1'1 t II I 1" II. ;lj~!ii!I!!lliiiIJlil : ~:i!i '~I!!!!~!I!~II! i -~~! I i ~ii!llli. !I I ~ -I~J!!!I~ !e i & n ; 1-- e ~, !i!!iUijiijui t- I 3:0 -; ~ ~ :::r ~i CD ~~ )> III U ..., m~ (') III -, :::r Iii g: CD ~~ en a' c :c 5" p ~ ~ q ,.... z :::r la- C/) '-~ ~m ,.... Ill- ..., , CD CD H~ C!: CD 0 ,.... :;, iii' m 0 - 0 CD :;, 8 < 1a. Q) c !!t ~ I 0 :J f. t OJ o '< :J '" ,.... - o q I :J :ii' OJ g. ~ CD '" g ~ q ~. :::r f - j-'" h r- <; . . q ... ~ EXHIBI .....' I~ 000 000 o 0 0 0 EElEE EEl EBfB EElEEIm EEm EEl J J I ~ EElIEE "'.J J :f 0 " I J ;;;;; EEl'EE 0 "- 1 I I 0 EEEl IEB Iio= I r il J ~ [] EElEE J J EEl EE I I 0 BEEl iEE I- EEEl EE 0 [ J 0 fEEl EE r I J ' I ;;;;; lIE 0 m [ I I g IBIII3I1E I [ I1II1 g llEEIEI T ~nIDtt !;; ~ E!BEIlIIElII ~ rum ~ !=i S ~ 0 :a EBIEE ~ ej I II II I - JlEEl lEE EElEB EHEBEE HHE EBEB g o 0 000 o 0 o 0 ~ dii!!!id!U! r : TB tii fri1 s:: () -; Q)m ~::l :::T ~i CD ::u 1) )> lll~ -, -m (') m::+ :::T &-~. CD ~~ en a' c: ~ 5" p I'\) :J 0.. )> < CD :J ~ C ~ CD z m 0 iD (I) ~m < ~- , m 0) ~a tt ci" 0 ::::J iii' :J 0 --- 0 ::::J () S la ~ c: !!!. 0 () ~ 0 3 "0 0) :J (') CD CD J. ~ OJ o '< :J 0 ..... - 0"'- :r :J ~. OJ g. ~ m ~ o (') ~. :::T Ii" .. ~T1 h r-_ . . q ... EXHIBIT B B t 6 . E ~ ~ " I ~ ~ s . g , g ~ mmrn w CUDESIGIlGUlDUHES-MIOSOfCOWI"OSmOH BAS( IIOSEC"IKIM ~!";,.:; jj_ ~j~j:ij.jiilj~!!!~j' j!~j ~ 6 Q ~ ~~ ~ ~ ~ - ~ ~ a ~ .. ~ ;; q ~ qj '~ ' J.~ H j,~ J. j, J. Ii j, : tril 3:0 -I Dl(l) ~::J ::T ~~ CD ~~ }> ~~ ~ m ~ (") ~m' ~ ~~ en a' I:: ~ 5" !=1 0 I (") rl CD e, Q) z ::J 0 ~~ }> ~m l;l- < ' III ~~ CD o' ::J ::J (i)' C 0 CD 0 ::J m g '0 i! CD !!!. < ~ Q) l'! !:!: 0 ::J r ~ OJ o '< ::J 0 ,.... - o q ::I: ::J ~. OJ ::T CD '" ~ Q) q o 0 ~. ::T li" ~ ~-n r r-- EXHIBIT B EXHIBIT "e" Conditions of Approval Project name: File number: Reference: The Promenade HTEX 05-006 Elevations dated August 2, 2005 DEPARTMENTS INCLUDE REJECT I Comments: None PUBLIC WORKS I I I 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/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: 1. At the time of permitting, the elevations shall be revised to indicate by note X that the roof profiles (proposed at 161 feet - 8 inches in height) are non- habitable soaces and are decorative elements, ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: 2. None X Page 2 The Promenade File No.: HTEX 05-006 I DEPARTMENTS I INCLUDE I REJECT I ADDITIONAL CITY COMMISSION COMMENTS: Comments: 3. To be determined. ScIPlanninglSHAREDlWPIPROJECTSIARCHES @ BB\HTEX 05,OO6\COAdoc EXHIBIT 0 'Ruden ~, McClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE. FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIE. MISKEL@RUDEN,COM June 20, 2005 The Arches at Boynton Beach Height Exception Boynton Ventures I, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach downtown area is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the northwest comer of Ocean Avenue and Federal Highway, and comprises two city blocks (Block 7 and 12 of the original Town of Boynton Florida plat) between Ocean Avenue and SE 2nd Avenue (the "Property"), within the Community Redevelopment Area. The general use and zoning pattern in the area can be described as follows: The Arches at Boynton Beach North: East: South: West: MU-H (proposed) CBD MU-H CBD CBD CommerciallRetail CommerciallRetail Mixed Use CommerciallRetail City public parking lot Section 4.F of the City's Zoning Code ("Code") provides for height limitations and exceptions, Electrical and mechanical support systems, as well as parapets and similar structures may be erected on top of a structure, above the district height limitations with City Commission approval. The Mixed Use-High ("MU-H") zoning district limits heights along arterial roadways, such as Federal Highway, to 150 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. The Petitioner is proposing fourteen residential floors, above a floor of ground level retaiVcommercial uses, for a total of fifteen (15) stories or 150' roofline. The proposed project is within the CRA. The City's Code provides for a height of 150' for mixed use projects zoned with the MU-H district to provide intensities within the downtown area that wilI provide synergy between uses and enhance economic viability of downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and similar structures are permissible, subject to City Commission approval. The Petitioner is requesting an exception of (up to) 17' for a total of 167' maximum height to accommodate WPB:206268:2 CARACAS' IT. LAUDERDALE ' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McClOSKY, SMITH, SCHUSTER & RUSSEll, P.A. EXHIBIT D Page 2 rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on the proposed tower buildings. As discussed below, approval of the height exception will adhere to the standards set forth in Section 4.F of the Code. The Petitioner will demonstrate that the height exception: . Will not have adverse effect on surrounding land uses; Is necessary; Will not severely reduce light and air in adjacent areas; Will not be a deterrent to the redevelopment of adjacent properties; Will not adversely affect property values; Will not adversely influence living conditions in the neighborhood; Will not constitute a grant of special privilege; and Is needed for the proposed redevelopment project. . . . . . . . (1) land uses. Whether the height exception will have an adverse effect on the existing and proposed The proposed Arches at Boynton Beach project is located within the City's downtown and CRA. A general objective of the CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-H zoning district is applicable only within the downtown area. This district provides for buildings to attain 150' in height. The requested exception is not applicable to the entire building, Roof-mounted equipment located within the central portions of the tower elements extend approximately IT above the roofline. Roofprofiles on the glass tower elements extend approximately 5'8" above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than The Arches, The requested IT exception will not have an adverse effect on existing or proposed land uses, (2) Whether the height exception is necessary. . Conformance with the height provisions would limit the size of the mixed-use project, require the ground floor of retail to be lowered from just under IS' to 9', and would require a floor of condominium units to be eliminated from the redevelopment plans. The downtown area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, The Arches at Boynton Beach proposes a 15th floor, containing 26 condominium units, The requested height is necessary to accommodate the units necessary to allow an economically feasible and well- balanced redevelopment project, while providing pedestrian-oriented amenities (plaza) on the ground level. WPB:206268:2 CARACAS. FT. LAUDERDALE' MIAMI' NAPLES. ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG. TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. EXHIBIT 0 Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The proposed exception of 17' will not affect adjacent properties. The mechanical equipment, elevator shafts and stairwells ("equipment areas") are centralized on the rooftop. The subject equipment areas comprise approximately 2,600 s.f. of the roof area, which is just over 1 % of the total site. The equipment areas are setback 40' from Ocean Avenue and SE 2nd Avenue, 31 '6" from Federal Highway, and 44' from SE 4th Street. ill addition to the location of the equipment areas, the roof profiles on the glass tower elements (parapet), which extend 5 '8" above the top of roof, will also shield the equipment areas from viewpoints. The requested building height exception will not create shadows or affect air circulation in a manner that negatively impacts adjacent properties. (4) Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. The requested height exception does not affect or impact the redevelopment potential of adjacent properties. The requested exception (up to 17') will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the downtown redevelopment area. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the equipment areas and roof profiles will not adversely affect property values. Rather, The Arches at Boynton Beach redevelopment project will have a positive impact on property values in the area. This project along with other redevelopment efforts in the immediate area may spur other property owners to redevelop their parcels with structures and uses that are more consistent with the downtown vision the City has established for this portion of the Federal Highway corridor. (6) Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. The requested building height is not applicable to lands outside the downtown redevelopment area, and therefore is peculiar to the Property. The proposed 15-story structure is consistent with another mixed-use project in the downtown area that is currently under construction (which has been granted a similar exception greater than 17'in height). The exception (up to 17') will not impact other properties and is consistent with the public welfare. WPB:206268:2 CARACAS. FT. LAUDERDALE. MIAMI' NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE' TAMPA. WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. EXHIBIT 0 Page 4 (7) Whether sufficient evidence has been presented to justify the need for a height exception. The requested height exception is in keeping with the spirit of the height provisions for mixed use, high density projects in the downtown area, and is permissible pursuant to Section 4,F. The requested building height will accommodate 378 residential units, and commercial/retail uses, in the City's Downtown area. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's Downtown to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:206268:2 CARACAS' FT.lAUDERDALE . MIAMI' NAPLES' ORlANDO' PORT ST. LUCIE' SARASOTA' ST, PETERSBURG' TALlAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSEll, P.A.