AGENDA DOCUMENTS
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Planning and Zoning Department Memorandum No. 96-349
Agenda Memorandum for
July 16, 1996 City Commission Meeting
To:
Carrie Parker
City Manager
Tambri J. Heyden, AICP'~~
Planning and Zoning Director
Through:
From:
Jerzy Lewicki
Assistant Planner
Date:
June 27, 1996
Re:
Boynton Beach Mall, Department Store IIF" - HTEX 96-002
(Height exception for an additinal 10'6")
Please place the above-referenced request on the July 16, 1996
City Commission agenda for Commission action under, Development
Plans.
NATURE OF REQUEST
Mr. Roderick C. Vosper, of DeBartolo Properties Management, Inc.,
has requested an exception to the city's 45 foot height limit for
the construction of a 55'-611 (measured from the approximated
average grade level, as opposed to finished floor elevation) high
Department Store IIFII at the Boynton Beach Mall. The mall is
zoned C-3, Community Commercial, and is located at 801 North
Congress Avenue. The proposed department store, will be located
in the northern part of the mall between two other department
stores; Mervyns to the south and Sears to the north. Immediately
to the south of Department Store IIFII will be a two-story parking
structure constructed over the existing, on-grade parking, as
recently approved through the site plan process. The third level
of the parking structure will be connected with the second story
of the department store by an' off-grade skywalk, (see Exhibit 11 All
for location map) .
The additional 10.5 feet of height is requested to construct
rooftop mechanical units eight (8) inches above the 45 foot
height limit, a satellite dish three (3) feet above the height
limit and covered archways 10.5 feet above the height limit at
the north, south and west entrances of the department store. The
maximum height of the roof, which is a flat roof with a one foot
variation in height for roof drainage purposes, is 35.75 feet. A
ten (10) foot high parapet wall to contain roof drainage, wraps
around the building and reaches a height of 45 feet.
BACKGROUND
Chapter 2 - Zoning, Section 4.F. HEIGHT LIMITATIONS AND
EXCEPTIONS, of the Boynton Beach Land Development Regulations
requires, in part, that structures exceeding 45 feet in height
are not allowed, except that IIwater, cooling and fire towers,
radio and television towers of commercial nature, church spires,
domes, cupolas, flagpoles, electrical and mechanical support
systems, and similar structures, and their necessary mechanical
appurtenances may be erected within a structure or on top of the
structurell, above the district height limitations after obtaining
approval of the City Commission based on their consideration of
the standards for evaluating exceptions to district height
regulations. In considering an application for exception to the
district height regulation, the City Commission shall make
findings indicating the proposed exception has been studied and
considered in relation to the standards below, where applicable.
The City Commission may, in conjunction with processing of the
Page 2
Boynton Beach Mall, Department Store IIFII
Memorandum No. 96-349
application for exception, refer same to the Planning and
Development Board. Furthermore, no advertising or special notice
requirements are required.
At the time the site plan was considered by the Commission for
approval (May 17, 1996), the issue of whether the building
elevations could be approved, was discussed. This was due to the
archways not being a structure that is referenced in the code as
one that is eligible for applying for a height exception, since
they are not a mechanical appurtenance or support, i.e. -
structures that are necessary for a building's function or
customarily associated with a particular use, as are cupolas,
church spires and flagpoles. It was concluded that the
elevations could be approved, subject to the applicant
subsequently filing and receiving a height exception.
Although, generally, an exception to any code requirement or
limitation is evaluated on its own merits to conclude that it is
the minimum necessary given the particulars of the situation (see
standard h below), the following list is provided which
represents the height exceptions that have been granted, to date,
for the mall:
Lord and Taylor (now Mervyn's) - 4 additional feet
Jordan Marsh (now Sears) - 5.5 additional feet
J.C. Penney - 7 additional feet
Burdines - 15 additional feet
Macy's - 20 additional feet, although only 6 additional feet
were constructed due to a third floor that was
never built and can no longer be added under the
current square footage limitations of the amended
DRI.
ANALYSIS
The proposed archways will be made out of glass supported in a
steel frame and will be focal points of the architecture of the
department store. The archways serve to draw attention and
demarcate the store's entrances from the bulky appearance of the
shell of the store and introduce a circular shape to contrast and
soften the blocky shape of the store (see attached Exhibit I'BII -
Building Elevations) .
The height exception .tand~rds are listed below, including the
applicant's response (Exhibit IIC" contains a copy of the
applicant's submitted response). Staff response is also included
as follows:
Standard a.
Whether the height exception will have an adverse
effect on the existing and proposed land uses.
The applicant states that the proposed department store
will not have an adverse effect on the existing and
proposed land uses. The new store will be an addition
to the .xi_ting Boynton Be.oh MAll .nd will bo
compatible in size and character with the other already
existing department stores.
Standard b.
Whether the height exception is necessary.
The applicant states three (3) reasons to justify this
height exception:
Page 3
Boynton Beach Mall, Department Store IIFII
Memorandum No. 96-349
1. it is necessary to screen the roof-top
equipment,
2. it is necessary to allow for a significant
architectural entrance feature - a focal
point to break up the expansiveness of the
IIboxy naturell of the structure,
3. it is important to provide future customers
with an orientation clue, as the archways
will spatially organize the circulation
pattern of the building.
However, with respect to reason 1 above, as previously
mentioned, there is a parapet wall which extends above
the roof elevation to a height of 45 feet. The rooftop
equipment reaches a height of 45.66 feet. Therefore,
the archway, which extends another 10 feet, is only
screening .66 feet of the rooftop equipment. It is
believed that design adjustments could be made to lower
the roof elevation .66 feet, so that all rooftop
equipment is fully screened by the parapet wall (see
also standard h below) .
Standard c.
Whether the height exception will severely reduce
light and air in adjacent areas.
This building, as an addition to the already existing
shopping mall, will have no effect on light or air in
the area.
Standard d.
Whether the exception will be a deterrent to the
improvement or development of adjacent property in
accordance wit~ existing regulations.
This approval will not impact the ability to develop or
improve the adjacent properties due to the distance of
about 420 feet from the archways to the nearest
adjacent property - the Javert Street right-of-way. A
landscape buffer, in addition to an existing tree
preserve, between the mall and properties located along
Javert Street, will be installed with construction of
the store. The buffer will partially screen view of
the store.
Standard e.
Whether the height exception will adversely affect
property values in adjacent areas.
Any adverse affect on adjacent property values would
have occurred when the mall was constructed, if such an
affect did occur. Therefore, it is not anticipated
that the construction of Department Store IIF" will have
any impact on the adjacent property values.
Standard f.
Whether the height exception will adversely
influence living conditions in the neighborhood.
Same response is provided to Standard d and e above.
Standard g.
Whether the height exception will constitute a
grant of a special privilege to an individual
owner as contrasted with the public welfare.
As previously stated, height exceptions have been
granted for each of the department stores at the mall.
Page 4
Boynton Beach Mall, Department Store "F"
Memorandum No. 96-349
These exceptions have resulted in an existing mall
height of 60 feet; 15 feet above the city's 45 foot
height limit. This request is for a type of
architectural accent. Domes and cupolas are structures
that are a type of architectural accent that are
permitted to apply for exception to the height limit.
Standard h.
Whether sufficient evidence has been presented to
justify the need for a height exception.
The distance separating the mall from any existing
residential development adjacent to the new department
store's central location on the property, and existing
and new landscaping, constitute sufficient safeguards
to minimize any anticipated negative effects of this
height exception on residences in the vicinity of the
mall. However, it should be pointed out, as
illustrated in standard b above, the desire for the
archways is aesthetic and not a necessity. In order
for the archways to be distinguishable from the highest
horizontal element (the parapet wall), the height of
the archways is a ratio related to the parapet height.
The parapet wall height proposed is taller than needed
to serve its purpose of containing drainage. Lowering
of the roof elevation would allow lowering of the
parapet wall, if the full parapet height proposed is
needed for screening of rooftop equipment. This in
turn would lower the archways without flattening the
arch, which is also a possibility.
Standard i.
The request for a height exception may be referred
to the Planning and Development Board for further
study.
No response is necessary.
RECOMMENDATION
The height exception procedure set forth in the code does not
require a recommendation from staff. However, as a general rule,
department policy requires providing some direction to the
Commission with respect to any request processed by the
department. The lack of architectural integrity of the "super
store" block design is a much written about issue recently given
the domination of "super stores" in the retail market.
Therefore, any measures that can be taken to improve the
appearance of these types of buildings should be required.
However, it is believed that the degree of th<< exception (the
amount of additional height requested) could be reduced without
comprising function and aesthetics.
JL:DIM
xc: Central File
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LOCAT\ON MAP
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E){HIBIT
"B"
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DeBartolo
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DI'f3~rl()lo rro,wlil's Managcmcnt, Inc.
76'5'5 Morkct 81. . PO, Box 321l . y(
216175H-72'J2. FAX 2161758-35' '!
ill
JII. - 61006
, June 4, 1996
OVERNIGHT DELIVERY
Ms. Tambri 1. Heyden
Planning & Zoning Director
CITY OF BOYNTON BEACH
100 East Boynton Beach Boulevard
Boynton Beach, FL 33425-0310
RE: BOYNTON BEACH MALL EXPANSION
DEPARTMENT STORE "F"
Dear Tambri:
This letter is to serve as formal request for a height exception for the proposed department store "F"
pursuant to Section 4F.3 of the Boynton Beach Code. This request specifically pertains to the
proposed entrance archway as shown on the attached building elevation. The archway peaks
approximately nine feet (9') above the allowable 45' height. Enclosed are sketches showing the
relationship of the proposed department store to adjacent properties and the landscaping and buffer
areas as approved by the City Commission. In response to Section F .3, Items a - g, please note the
following:
(a) The proposed height exception shall not impact the existing or proposed land use.
(b) The height exception is necessary to assist with screening rooftop equipment while
maintaining a sianature architectural feat1.lf4il of the proPQ...d depll11mont !ftore. 'rhe arch
provides visual relief from the boxy nature of the structure and provides the customer
orientation to the building entries.
(c) The request shall not impact light or air in adjacent areas.
(d) The height exception is proposed to be located central to what will be a fully developed site
upon completion of department store "P". The archway will be approximately 420' to the
nearest adjacent property, that being the Javert Street right-of-way. Landscape buffering and
a tree preserve is located along this property line.
(e) The addition of department store "F" shall significantly increase the property value of the
mall without negative impact to adjacent property values.
DeBartolo
Ms. Tambri J. Heyden
Boynton Beach Mall Expansion
June 4, 1996
Page 2
(f) As noted above, the height exception shall occur 420' from the nearest adjacent property.
A 5.2 acre pine preserve shall separate the store from the adjacent property. In addition to
the preserve, a vegetative screen will be installed along Javert Street.
(g) The City of Boynton Beach had previously approved a three-level, 51' tall Macy's
department store on the subject tract although only two levels have been constructed. This
request is limited to a small architectural feature over each of three building entrances. The
feature shall not include occupied space and is similar in function to a decorative dome or
cupola permissible by code.
Enclosed is a check in the amount of$250.00 for processing the height exception request. If there
are any questions or additional information is necessary, please call me.
RodericK C. V osper
Senior Project Director
ReV/jls
enclosures
cc: Cormac C. Conahan, Esq. (1)
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JUN-28-9S WED 13:19
HODGSON 0JSS
FAX NO, 9544274303
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FAX NO, 9544274303
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ANDREWS
WOODS &
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June 26, 1996
VIA TELECOPY and CERTIFIED
RETURN-RECEIPT REQUESTED:
(407) 375-6090
Mayor and City Commission
City of Boynton Beach
100 E. Boynton Beach Boulevard
Boynton Beach, Florida 33425
Oe~r Mayor and City Commis5ioners:
RE: Boynton Bedch Mall, Department Store F
ftei~ht Exception
This firm 15 the authorized agent for Boynton-JCP
Associates, Ltd. cormac conahan, the attorney familiar with the
project will be out of town on July 2, 1996. In conversation with
Tambri Heyden today, we requested that the Height Exception request
be tabled to the next Commission meeting, July 16, 1996. MS.
Heyden agreed to table the Height Exception request to toe July 16,
1996 City COIIlI1\ission meeting and has agreed to reschedule the
Height Exception request on the Agenda for the July 16, 1996 City
Commission meeting.
If you have any questions, please contact the undersigned
iromediat@ly. Thank you very much for your courtesy in this matter.
Very truly yours,
/I.iJ-
~/~ Pu-(y--
Mary Fritze
Legal Assistan"t
copy to: Tambr1 Heyden (via ~AX)
Director, Planning 0. Zoning Department
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