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The Pierce HTEX 23-001 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: The Pierce (HTEX 23-001) SCANNED APPLICANT: Jeffrey Burns, BB QOZ LLC. APPLICANT'S ADDRESS: 613 NW 3RD AVENUE, SUITE 104, FORT LAUDERDALE, FLORIDA 33311 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: March 9, 2023 APPROVAL SOUGHT: Approval of a Height Exception (HTEX 23-001) for Chapter 4, Article III, Section 6.F.2.c to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for an egress staircase. LOCATION OF PROPERTY: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one- half block north of Ocean Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval 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 approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval 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 "D" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. 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. " � �O�(NTO/ye�111 7. Other: j �pORA7E ` '•. ; EXHIBIT "D" Conditions of Approval Project Name: The Pierce File number: HTEX 23-001 Reference: 4th review of plans identified as a New Malor Site Plan and New Master Plan with a January 10, 2023 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT PLANNING AND ZONING Comments: 1. Approval of the height exception request is contingent upon the approval of all concurrent application for The Pierce Development. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: No comments. CITY COMMISSION CONDITIONS Comments: No comments. DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 23-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Amanda B. Radigan, AICP, LEED AP Planning and Zoning Director FROM: Craig Pinder, Planner II DATE: January 18, 2023 PROJECT NAME: The Pierce Height Exception (HTEX 23-001) REQUEST: Approval of a Height Exception (HTEX 23-001)for Chapter 4, Article III, Section 6.F.2.c to exceed the maximum height of 75 feet for a freestanding parking garage to allow for a height of 77 feet 11 inches for an egress staircase. Property Owner: Boynton Beach CRA, BB QOZ LLC, & City of Boynton Beach Applicant: BB QOZ, LLC Agent: Jeffery Burns, Affiliated Development Rebecca Zissel, Sachs Sax Caplan, P.L. Location: Generally located at northwest corner of Ocean Avenue and Federal Highway, extending north to Boynton Beach Boulevard and Federal Highway, extending west to NE 4th Street and Federal Highway, and south to approximately one- half block north of Ocean Avenue (see Exhibit A: Location Map) Site Details: The applicant has submitted development applications for a Rezoning, New Major Site Plan, and Master Plan, four (4) Community Design Appeals, one Height Exception, and three (3)Abandonments for a mixed-use project known as The Pierce, which proposes an eight-story mixed-use building with 300 multi- family units, approximately 17,089 square feet of commercial space, recreational amenities, parking, and other related site improvements. The total area of the subject properties is 3.04 acres BACKGROUND AND ANALYSIS The application submitted for a Height Exception (HTEX 23-001) pursuant to Chapter 4, Article III, Section 6.F.2.c, Freestanding Parking Garages of the Land Development Regulations (LDR), which restricts the maximum height of the freestanding parking garage to 75 feet. The applicant is requesting approval of the proposed freestanding parking garage to be 77 feet 11 inches in height rather than a maximum of 75 feet, as required in Chapter 4, Article III, Section 6.F.2.c. The purpose of C. Height Exception (Chapter 2, Article II, Section. Relief) is to The Pierce Height Exception (HTEX 23-001) Memorandum No PZ 23-010 Page 2 allow for certain eligible building appurtenances and structures, erected or located on top of or within a building, to exceed the maximum building height allowed by the respective zoning district upon demonstrating compliance with the review criteria. The applicant is proposing the egress staircase to be at 77 feet and 11 inches, extending 2 feet and 11 inches above the maximum allowed height of 75 feet. The applicant has submitted a Justification Statement for the height exception (See Exhibit B — Justification Statement) addressing each of the following review criteria: a) On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; b) Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; c) Whether the height exception would contribute to the architectural character and form of the proposed project; d) Whether the height exception would positively contribute to the city's desired image, streetscape design, or recommendation of any applicable redevelopment plan; e) Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; t) Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and g) Whether sufficient evidence has been presented to justify the need for a height exception. The requested height exception will allow for the required egress staircase, located at the northwest corner of the building, to extend 2 feet above the maximum allowed height of 75 feet for a total structure height of 77 feet 11 inches, and is not intended to circumvent the maximum height allowed for the freestanding parking garage. The remainder of the freestanding parking garage complies with the maximum allowable height (See Exhibit C — Parking Garage Elevations). In addition, the maximum allowed building height within the Mixed Use-Core zoning district is 150 feet, therefore, the proposed height of the egress staircase would not have any negative impacts on surrounding properties. RECOMMENDATION Staff has reviewed the requests for the Height Exception and recommends DENIAL based on the recommendation of denial for the associated variance request ZNCV 23-002. However, should the City Commission approve the applicant's request for a variance for relief from Part III, Chapter 4, Article II, Section 4.B.3.c Urban Landscape Buffer (Type 2); then staff recommends APPROVAL of the Height Exception request contingent upon City Commission approval of concurrent requests for the New Major Site Plan, New Master Plan, Rezoning, and Abandonment applications, and satisfying all comments indicated in Exhibit D — Conditions of Approval. Any additional conditions recommended by the Board or City Commission shall be documented accordingly in the Exhibit D. S:\Planning\SHARED\WP\PROJECTS\The Pierce-101 N Federal(fka 115 N Federal Hwy)\HTEX 23-0011HTEX 23-001 Staff Report-Final dock Z = NE 6th Ct - +.. ` o o U M ' ,1..:m I ar __< _~z , �.•. $.1 �«y 1 �1 r,z ,— ZQ bear ' • ' t• .`! , . �TJR`+ v.yt t�.ASi lit • 1 ` • - m.ir _ A U 0 W it • .e 'Z.._.,.• r; CO m •.' I �• 4 , •cg:: .,.!f •. •' x �' 1�..•r: �f t �.a eld Si 41'.fir at ID, &..0.4 \ _AL .. .� *. I ., . nom•,- s la 'or • i . Nla - - — n - - _ _ - _ r lLL-. [ - -- - IIM e.18 e _ _ a_ nnH leaapaA , .30 rs. fAr H IELIP. A.N...--- . ,�.,,, y r'- 1011r . 7 �"' - - L f i fW,n..e - -- r 4i - . .I.!,-4 jr,,, .1 ,i, . , , ,,,tot,„„„,,,,,r,,,,,,,,,„_ , ... , . ," ,, _, „,. .. . . - -p.,.,,„... ,,,- _. .,.. , ....,„ • ..„ or i_.,,. .„...... ....; ,,,,,,,..,.., ... ...... , , _ . ,,,,,„,.. , --- ,,,,: 4,-,„:17- --- J ,r, .. ,...._. ,. %, ... , , _ _ . ., ..,,, ,, /„.-„,„ 1 -44 > 4 . i • • �., 1 , 116,Nmp. � ' �: • QW ai • ,7.. m - .. .- .111.4 •4/' iltiIi.•Allki f .1\,„ 6111aVIIN — fr. •L Y�4�'fii 1� +iya A'� ('� "�'4._ �rIt I I I C © � � • . � S. >I 4._ ? •��I �t •, a t1 .. .•'.,I _ '.1: .I ,: aid ": tll syr � `A' ,, 44.' �'e R Litt,3N � S Ulb 3 ,- cw� f Ls O _ r- �. --any d 0 9 , �. o Peoa�lea �: 1 r ,I. N •• LL a II li L K'a � a ,. tifiltrIll ire -...1011•.,:-- c-' �*9� �M rm.. �_ Ii L 1L 11;. tb �1 V y. Altda •Ems IL ' .� y r Il If f a (-a l. _ . . . ro _ v ;� � :` cam+` i,... d, t • 42 ,,,, .„. ' '•-•13. 'e.`"; - m--.-1.-.....' •;,0; ' Ill' -. '`...Pr 1 4,, R vsCI- 4. Fi(�". ,� - +�� 0)'- ash 4 r. it r ':. ,F fy ' t 3 _t +r t� r ' f. E Exhibit B.5 Page 11 Project Narrative-The Pierce, Height Exception This application for Height Exception is submitted on behalf of BB QOZ,LLC(the"Applicant") for the project known as The Pierce. Applications for Rezoning,New Master Plan,New Major Site Plan, Abandonments, and Community Design Appeals are being submitted concurrently. Pursuant to Section 2.D of the Boynton Beach,FL Code of Ordinances, Part III Land Development Regulations(the"Land Development Regulations") Chapter 2,Article II,this application would seek approval to allow for the staircase and parapet as shown on the enclosed West elevation of the parking garage. The request is a deviation from the maximum allowable height requirement in the MU-C zoning district for building appurtenances and architectural features. This is for the parking garage building. At its maximum,the proposed building is 8 stories,and the height of the building is 72'-11"to parking level 8 from parking level 1 (the lowest floor elevation of the garage) with a parapet that varies in height,but stays under the allowable 5'-0"over the highest parking level,and the height of the required egress staircase is set to be exactly 5'-0"above the highest floor level, at an overall height from parking level 1 of 77'-11". The resident elevators are inside the multi-family building to the south. There is a parking garage public elevator which goes up to level 2.5 for public parking while the resident building is connected at every level. Under the Land Development Regulations, a Height Exception is intended to provide an efficient relief process to allow for certain eligible building appurtenances and structures to exceed the maximum building height allowed by the zoning district upon demonstrating compliance with the applicable review criteria. This application is not intended to circumvent the maximum height allowed for buildings. The Height Exception would allow for the required egress stair to extend greater than five feet above the 75'-0" permitted building for parking structures within the development district. This fits within the purpose and intent of the Land Development Regulations. The design flexibility would allow for the proposed design to proceed. This design provides visual interest and enhancement to the building façade without negatively impacting the subject site and surrounding properties. The application meets the review criteria specified in Section 4 of Chapter 2,Article II of the Land Development Regulations as follows: a. Granting of the Height Exception would not adversely affect any of the following: 1) light and air; 2)property values; 3)the living conditions; or 4) existing or proposed land uses. The location of the proposed parking garage, and specifically the staircase and parapet at issue in this height exception request,ensures that there will be minimal impact on light and air to adjacent properties. The parking garage is located on the western part of the property towards the north. This is furthest from existing residential buildings to the south and east of the property. To the west of the western façade of the parking garage is the railroad tracks. Given this choice of location, as well as the fact that the total height of the parapet and staircase will remain under the 80' maximum allowable for a building of 75' in height,the height exception will not have any adverse impact on any light and air quality. The proposed project replaces underutilized property at a prime location at the corner of Boynton Beach Boulevard and Federal Highway. The Pierce will improve the existing site and add 300 residential units whose tenants will support local commercial uses. The project will also activate the street frontage and add additional commercial tenants to revitalize the area. The additional public parking spaces will also The Pierce-Height Exception Narrative Page 12 add to the desirability of future projects in the neighborhood. Accordingly,property values in the area are expected to increase not decrease. Living conditions in the area will also not be adversely affected by the granting of the height exception. As mentioned above,the total height will remain below the maximum permissible in the zoning district. The minor increase for the parapet and/or staircase on the western façade of the parking garage already located on the western side of the property adjacent to the railroad tracks will not directly contribute to any decrease in the living conditions of the area,which will be improved by the overall project and its addition of additional residences,parking, and commercial spaces. The total height and the placement are compatible with existing and potential future buildings in the area. The actual height exception request is minimal, and the location minimizes any potential impact. Accordingly,there will not be adverse impacts on existing or proposed land uses. Based on the above reasoning,the proposed height exception meets the criteria related to lack of adverse impact on 1) light and air; 2)property values; 3) living conditions; and 4)existing or proposed land uses. b. Granting of the Height Exception would not be a deterrent to the development or improvement of adjacent properties in accord with existing regulations. The height exception is requested for the western façade of the parking garage located on the western side of the property. This is the area adjacent to the railroad tracks. The requested height exception is also minimal and involves a total height under what could be built in the area under the land development regulations. Accordingly,the height exception itself would not be a deterrent to the development or improvement of adjacent properties. By contrast,the overall project,which is made possible by the location of the parking garage in the area proposed on the drawings with the maximum parking possible provided,will spur development and improvement of adjacent properties in accord with existing regulations. This new mixed-use development with 300 additional residential units,additional commercial spaces,and public parking,will contribute to the neighborhood and is expected to encourage revitalization of neighboring properties. The new residents will patronize local commercial businesses and provide demand for additional commercial uses. The property will also increase property values and tax revenue,thereby also adding the potential for additional redevelopment. c. Granting of the Height Exception would contribute to the architectural character and form of the proposed project. The height exception request specifically relates to features that are designed in order to improve the design of the building,not detract from it. The parking garage has been designed to blend into the property and contribute to the architectural character and form of the proposed project. By allowing the design as proposed to move forward with the grant of the height exception,the overall visual appeal of the project will be increased. d. Granting of the Height Exception would positively contribute to the city's desired image; streetscape design; or recommendation of any applicable redevelopment plan. The height exception would allow for the development as detailed in the enclosed additional narratives for The Pierce. In addition,after the first submittal and receipt of comments, our team met with staff to redesign the parking garage to further meet the requested design changes and integrate the garage seamlessly into the overall development. The resulting design contributes to the City's desired image and streetscape design. The Pierce-Height Exception Narrative Page 13 e. Granting of the Height Exception would contribute,incentive,and/or serve as a catalyst for sustainable development and other green initiatives. The project design incorporates a number of design elements that contribute to a sustainable development. The enclosed master plan and site plan narratives detail the various sustainable development standards in place for this project. The project also adds a residential component to an existing commercial development that is largely underutilized. It also adds commercial space to an area with several existing large residential properties in the vicinity. These factors both will increase the walkability of the area. f. The Height Exception is necessary and not proposed in a manner with which the objective is to maximize project visibility without concern for architectural or aesthetic integrity. The height exception is necessary to support the mix of uses for the development,which includes public amenities,as well as to provide adequate public parking. It allows for the placement of the parking garage in the area that is the only location to best meet these goals. 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