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AGENDA DOCUMENTS ~1,._)_,\I,,).~), 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 A:BMAL_HGT.REP LOCAT\ON MAP BOYNTON BEACH MALL 9E~ART~EN!, ~T9~- , "~','j ':IIU\\ 4\ \ \k! '" ~ /)~\.21:" (- " .r .;-"-- ", ~ II' \ '"',' -, ".;, \ ~ . .' 7i ::;D:::.J u r .' : '\. _ ~ "111 ,f" . ~ .. .... ~.....,~ '. \ ..1 , " ~ 1/ I f ~ ; j.... ,,,,', \ \ J' ~ I :\ ' 1';: ,/-' -.\ /-\ \ ~ II -' I ," \ . .!ll'~~ . ~, '. \ ~ '. i .Js... C .~.. . "- [ __ f"-" \ a"""I , 0 ~ ,,,_. "..,_ ,,_ __ .-::-, ,.... I" - . .. ""OTORO LA)' ~ - \ ' t I \. l :;:.~... t,- . I ' ~,.'i,.',L ' . . . '.. ' '"'- }, -~ \, ,/ - - ......;_.~...., ..-- II I' \~ \' r- \\ / ~'1 A A -' E){HIBIT "B" I DeBartolo .. ill 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$250.00 for processing the height exception request. If there are any questions or additional information is necessary, please call me. RodericK C. V osper Senior Project Director ReV/jls enclosures cc: Cormac C. Conahan, Esq. (1) )t )4. j5~Y/JIz,AJ {!;yeN ;JI)e-LL Lb. ? Iv I . {~(~ !/.JI./ s' 0DR-6/.fk..l - 1111<12:S H /StARs - --) // o ~' 11 ft/LrJYt..0 ~ ~ 7 - 9 S- 1J/4?~) C',?\ 1 c>(v f/AVtf.:,A.>> i~:::4 ",hi~I?E,: ()J-!. ~l'l"iW~L I) , "\ ,-- !)e;: NIl/C v} <--.,) .' ~,r~ I ,I " ~' 1 ....-, / / ./ " " .- L:o i~fj! J:d l/~/t '-I' J I ~l H IJ If "c ~~ ..n=- ft-vv ~V!/{JII.\'/){7VI..-' M~I"~i-&) :5 -), a - e'l Si/eJeC rTO dr 6x.ccf'fJDj1.J !",>. K 'J n /'\ ',A fiol!:. \' ~ \ I-_~' 'v--) I <:;........, (, J /5' 7-/ff- g1 :,~l~~ctrs ~ ( /O~. s loW~ JUN-28-9S WED 13:19 HODGSON 0JSS FAX NO, 9544274303 P, 03 HODGSON. RUSS, ANDREWS, WOODS & GOODYEAR (A PARTNERSHIP INClUVING PROFESSIONAL ASSOCIATION$~ 1800 On.. M & T Plaz8 BUffalo, NY 14203.2:391 171 61 856-4000 Fax; One M& T PIau 17 t 51 949.0349 fax: Guarsntv Bldg. 171 Gl 852-5185 ATTonNEVS AT lAW 2000 Glades Road Suite 400 Boca Raton. 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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 \ '(n...'JHjirr"/~ !.r'''II'.1I t' 1/t/"it" 1"II',;w~d:I:' j"f/!H/:H( II'rlj.-nr,uud .~, ,rJf 'U(!,..H\