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AGENDA DOCUMENTS \ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetins Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office 0 AprilS, 2005 March 14 2005 (Noon.) D June 7 2005 May 16, 2005 (Noon) 0 April 19,2005 April 4 2005 (Noon) D June 21 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 181 July 5, 2005 June 20, 2005 (Noon) D May 17 2005 May 2, 2005 (Noon) D July 19 2005 July 5, 2005 (Noon) D Administrative D Development Plans NATURE OF D Consent Agenda D New Business AGENDA ITEM D Public Hearing 181 Legal D Bids D UnfInished Business D Announcement D Presentation D City Manager's Report RECOMMENDATION Please place this request on the July 5,2005 City Commission Agenda under Legal, Ordinance - Second Reading. The City Commission approved this item on June 21,2005 under Legal, Ordinance - First Reading. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05- 040 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Quantum Park MU Height (CDRV 05-006) Eugene Gerlica, P.E., Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: Developme t City Manager's Signature P?::::~ ~c"" City Attorney I Firumce I Human Re,o""",, S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 7 5- 0S 2nd reading-back.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-040 TO: Chair and Members Planning and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM Ed Breese ~ Principal Planner DATE: March 4, 2005 SUBJECT: CODE REVIEW (CDRV 05-006) Quantum Park PID (Maximum BuDding Height In Mixed Use Pods) NATURE OF REOUEST Mr. Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45- foot limitation contained within the Quantum Park Planned Industrial District (PID). The request is specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement). BACKGROUND The City's Land Development Regulations Chapter 2, Section 1.H.14 establishes the maximum building height within Planned Industrial Districts (PID). According to the current regulations, UNo building or appurtenances thereof shall exceed forty-five (45) feet in height" To date, the residential construction occurring within Quantum Park has been primarily townhomes and apartments, which complied with the 45-foot height limitation. & a result of the most recent Quantum Park DR! amendment (NOPC #15), approved by the City Commission on February 15, 2005, providing for an increase in the allowable number of dwelling units by 105, the Quantum Group would like to make provision for a vertical condominium residential option. ANALYSIS The requested amendment would affect only those properties within a Planned Industrial District (PID) designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID Staff reviewed the Quantum Park Master Plan (see Exhibit cCB" - Quantum Park Master Plan), and the only lots containing the uMixed Use (MU)" designation are noted as follows: Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast & West (now called Parkside). This project is nearly built-out. rago ~ CDRV 05-006 Lots S 9-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This project is complete. Lots 62-67 & 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South. The rental apartment component of this project is under construction. Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for <CMixed Use (MU)" within Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally, only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential. First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is zoned single-family Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out and which abuts the L WOD E-4 Canal to the west and across the canal is the Dos Lagos residential community It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Connnission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff has had with Olen Development, and their recent submittal for a Master Plan Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. As justification for the request for additional height, Quantum states that <CAn increase in height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height development" During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban Mixed Use (SMU) regulations to understand how the City previously addressed a similar request As a result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations: Revise Section 7 .H.14 - Maximum BuDding Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereofwithin the PID zoning district shall exceedforty-five (45) feet in height. with the exception ofbuildines in a Mixed Use POD pursuant to Section 7.P.J.e.I. Renumber and revise Section 7.P l.e - Maximum Structure Height, as follows: soo#en '/.P.1.e JltvehHlIlH SWllemre Ihlght. }'leehaltiotll 8(Nip1Helft wltieh seelwoi-.'eIy 8er'f'6fi lite wuetw'e sltall Net be IHelfHi<<l IN the salIMlsHeN e,f'lIelgltt. Section l.P.J.e.n Maximum BuUdln, Hel8ht. The maximum building hetfht within a Mixed Page 3 CDRV 05-006 Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code thresholds for a high-rise classification. Add two (2) new subsections, as follows: Section 7.P.J.e.]) BuildlnE HelEht Measurement BuildinE heiEht shall be measured from the lowest finish floor slab elevation of the proposed building to the Deak of the structure. including Qnv architectural details. stairwells. elevator shafts. etc. Section 7.P.J.e.3) Helfht Sethack EnvewD. Minimum buildinE setbacks shall be based on building heights for buildings weater than forty-five (45) feet in hei,hl. The het~ht setback envelop is a.,pplicable where the Mixed Use development is ad(acent to an existing developed stngle-familv residential zoning district outside the pm. This minimum setback shall be three (3) times the building heiEht for anv multifamilv or nonresidential structure. The setback shall be measured from the common boundary of the pm and the existing sinftle-familv residential zoning district or the midpoint q,f any intervening rig-ht-of -way. As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which allow mixed use in a vertical configuration, allow a height comparable to that being requested by the applicant, make provisions to safeguard adjacent single family residential communities, and is being utilized in the immediate vicinity in conjunction with the Renaissance Conunons project. SUMMARY As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the existing SMU regulations, staff recommends the following amendments to the PID district regulations, which vary slightly from those suggested by the applicant: Revise Section 7.H.14 - Maximum Building Helght, as follows: Section 7.H.14 - Maximum Building Height No building or appurtenances thereof within the PID zoning district shall exceedforty-five (45) fiet in height."with ,the exceDtion of buildings in a Mixed Use Pod pursuant to Section 7.P.J.e. Amend Section 7.P 1.e. - Maximum Structure Height, as follows. SectioH 7.P.!.e Msximllllf StNletul'e Height. Afeehanie<<l cquipment whieh exeluoil'sly aG1"feS the omroture sh<<ll "Gt be {"eluded fit the ealsfllat:i6" efheigltt. Section 7.P.J.e - Maximum Buildilff Height The Mixed Use pods within the pm shall allow for Q hei,ht of fifty-five (55) feet for mixed use and residential buildinrs. Buildinu heiuhts between ({fly-five (55) feet and the maximum of seventy-five (75) feet shall be processed as a Conditional Use. No excqJtions to the maximum heiCht shall be allowed. Additionallv. the (ollowing regulations shall apply: (J) The buildin$! hetEht shall be metpured from the lowest finish floor slab elevation qf the proDoSed building or from the minimum base flood elevation as established 4l! Page 4 CDRV 05-006 FEMA-. whichever is hifhest, to the peak q,f the structure. including anv architectural details. roofioD equipment. stairwells. elevator shq,fts. etc. (2) Helllht Setback EnveloDe. Minimum buildine setbackr shall be based on buildin~ heights for buildines greater than forty-five (4$) teet in heirht. The height setback envelope is applicable where the Mixed Use development is a4lacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for anv residential or mixed use structure. The setback shall be measured from the common boundary of the PID and the existing- single-familv residential zoning district or the midpoint of anv intervening- rig-ht-of-wav. The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)- the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU language in requiring structures between SS and 7S feet in height to be treated as a Conditional Use and denoting that height exceptions are not allowed; (three) - the addition ofFEMA floodplain criteria as an additional option in determining the base of measurement for height. RECOMMENDATION Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of the SubW'ban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola site), and similar regulations appear appropriate. 1:\SHRDATA\PUNNING\SHAJU!D\WP\I'1l0mCI'S\QU.ANTUM'AIUrooIU POD HEllGHI' (DR.V.DOC -:!I~ QUAN- .-UIV\ ~~ G R 0 U p 0 F COM PAN I E S EXHIBIT A January 18, 2005 Mr Michael W Rump~ Director City of Boynton Beach Department of Development Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Quantum Park DRI CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT Dear Mr Rumpf: Pursuant to a proposed development order condition for the pending NOPC for the above referenced project we are requesting a code review, or more precisely a zoning code text change, to accommodate the intended development. Provided with this request are the following items. 1 Code Review Application Fee of $250 00, Check No. 1331, made payable to The City of Boynton Beach. 2. Quantum Park PID Code Review Request Justification Statement and Discussion, dated Janumy 2005 Please review the enclosed Justification Statement and schedule this Request for consideration at the earliest possible date by the Planning and Development Board and subsequently by the City Commission. Final consideration of this Request by the City Commission on or before February 15, 2005 will not adversely impact the Project development schedule. If you should have any further questions, please feel free to contact me at any time. Sincerely, Eugene A. Gerlic&, P .E. 00: Doug MacDonald David Noms, Esq. Cohen, Noms, et. aI., (w/encl) Igor Olenico~ Olen Development, (w/encl) Steve Fike, Olen Development, (w/encl) F:\Quantum LlmttUWOPCI S CODE REnEW Bla, HtlRMmp/-Itr-CDRP100s-/ -IO.doc 2500 Quantum lakes Drive, SuIte 101 Boynton Beach. R. 33426 (581)74G-2447 · Fax: (5611 74G-2429 lHII8l1: quantgrpOqgc.cc QUANTUM PARK PID CODE REVIEW REQUEST JUSTFICATION STATEMENT AND DISCUSSION INTRODUCTION AND PURPOSE Quantum Park IS zoned PID, it is greater than 500 acres in size and contains a Mixed Use POD consisting of four (4) locations. This Code Review is requested to propose a zoning text change that will allow building heights in excess of the current maximum building height of 45 feet within the Mixed Use POD of Quantum Park PID This Code Review request is submitted pursuant to a proposed development order condition of the pending DR! - NOpe) and Master Site Development Plan amendment currently under consideration by the City JUSTIFICATION STATEMENT AND DISCUSSION A maximum building height greater than 45 feet will allow Quantum Park to optimize the stated intent and purpose of the PID distnct as set forth in the Code. Please consider the following. An increased buIldmg height will better satisfy current demands for Mixed Use lands by encouraging development whIch reflect changes in land development trends relating to the topographic variety of the Quantum Park SIte. An increased building height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height developments. An increased building height will permit economies in providing public services I DRI - Development of Regional Impact, NOpe - Notice ofPtoposed Change QUANTUM PARK pm - CODE REVIEW REQUEST January 2005 P~l0<<mtum LlmltedWOPC15 CODE RBYlEW BIdg Ht\CODB RBJ'IBJf.RvJ.4oc Page 1 of4 An increased building setback is proposed for buildings greater than 45 feet in height. The height setback envelope criteria will eliminate adverse impacts to existing adjacent single-family zoned lands. Over the years Quantum Park has evolved into a complex Mixed Use development. Please consider the following historical perspective. In 1984, Quantum Park was envisioned to be an emulation of the Silicon Valley type development in California. Quantum Park with over 4 0 million square feet of building area proposed for research and development companies would compliment the newly constructed Motorola Plant and the ffiM campus in Boca Raton. In 2005, the Motorola Plant is gone, mM is gone and the development in Quantum Park includes nearly 2.0 Mil square feet of warehouse/distribution space, a High School, a commuter train station, a City Park, a private drug and alcohol rehabilitation facility, 1,000 residential units and a proposed police and fire station. Quantum Park and the City of Boynton Beach have evolved to include these desirable Mixed Use pockets of development complete with high-density residential and commercial space in close proxmrity The high density and close proximity are key to promote the pedestrian use of connectivity facilitIes. Other examples of the mIXed-use developments are the marina project, the CRA and the Rennisance proJect. These mixed-use projects include building heights In excess of 45 feet, some as great as 75 feet. Quantum Park may well be the most umque sIte topographically in Palm Beach County The water management tracts are some of the lowest in the County at elevation 8.00, while the natural grades are some of the highest at elevations in excess of 40 00 The constructed finish floor elevations vary from elevation 14.50 to in excess of elevation 35 00 An increased maximum building height, particularly at the lower elevations, is not only appropriate, but also desirable. The proposed text amendment regarding the increased maximum building height will provide the Code criteria that will allow taller multifamily residential buildings The individual homes may be a single floor product in contrast to the multistory residential units now existing in Quantum Park. An additional housing product of this nature can be offered consuming less land area provided the maximum building height is increased. QUANTUM PARK PID - CODB REVIEW REQUEST 1anuary 2005 F~\Qutmtum LlmltdlNOPC1S CODE REJ'lEW BIdg HtlCODE REJ'/EW-RvJ.doc Page 2 of4 CODE SECTION REFERENCE Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code. Section Seven (7) is the Planned Industrial Development District Code. Text amendments to the following subsections of this Section are proposed to address the maximum building height request. Section 7 .H.14 - Maximum Building Height Section 7.P 1 b - Definitions Section 7.P 1 e - Maximum Structure Height [This area left intentionally blank] QUANTUM PARK PID - CODE RBVIBW REQUEST 1anuary 2005 P:\Qualltum LlmttedWOPCl5 CODE REf'lEW Bldg HtICODE REY1EW-ItvJ.doll Page 3 of4 PROPOSED ZONING TExT CHANGES Revise Section 7.H.14 - Maximum Building Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.1.e.l). Renumber and revise Section 7.P 1 e - Maximum Stmcture Height, as follows Section 7.P.l.e.l) Maximum Building Height. The .maximum building height within a Mixed Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code thresholds for a high-rise classification. Two (2) new subsections are proposed, as follows Section 7.P.l.e.2). Building Height Measurement. Building height s.hall he measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any architectural details, stainvells, elevator shafts ete. Section7.P.1.e.3). Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than 45 feet in height. The height setback envelope is applicable where the JrlXed Use development is adjacent to an existing developed single-lamily residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for any multifamily or nonresidential structure. The set back shall be measured/rom the common boundary of the PID and the existing single-famiiy residential zoning district or the midpoint 0/ any intervening right-of-way. QUANTUM PARK PID -CODB RBVIBW REQUEST January 2005 F~\Qua1ItwrI LlmltedWOPC/5 CODE R1MBW BIdg HtlCODE RE~WJlvJ.4oc Page 4 of4 ~II I'!I ilJ! ~I-S , !~ i I I I~: 1ii2 I f i Ili~III!!! II iUJII ill ! III. J II i I! . I I f<< I (I III -,' .,, I ~ 1 I ." . ~ ! I .. I. f II~ l l ~I I ~ I Jr ! ~ EXH',r E OOIIOIlDS t\\4EIIUf: ... . I.....~ "Q I -Ii "i f !a ~ . 11 . I i I ~ ilX~ il'~~iflQO;~~ ~ it ~ Wljl e ~ ~~i'G;GI;e~g I ~ 8~~IIUIIIII ~ "(,1 ieiRQ O:~~B _~ f I UJJ~~IIIII ~ ~.1I5 . I 511 ,1 III' ii 'I I... , lIII\" . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO. 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 AND 7 PIe. TO ALLOW A MAXIMUM BUILDING HEIGHT EXCEEDING FORTY-FIVE FEET IN HEIGHT BUT NOT EXCEEDING SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID MIXED USE POD, PROVIDING APPLICATION FOR BUILDING WITH A HEIGHT EXCEEDING FORTY-FIVE (45) FEET SHALL BE PROCESSED AS A CONDITIONAL USE, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CIty's PID Land Development Regulations limit building height to forty-five (45) feet; and WHEREAS, the City CommIssion has considered recommendations from City staff that buildings in PID mixed use PODS be permitted to a height of seventy-five (75) feet subject to conditIOnal use review/approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COl\fMISSION OF THE CITY OF BOYNTON BEACH, THAT Section 1. Each Whereas clause set forth above IS true and correct and herein incorporated by this reference. Section 2. That Chapter 2. Section 7 H. 14 of the LDR is hereby amended by as follows: 14 Maximum Building Height. No buildmg or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exceptIon of buildings m a Mixed Use POD pursuant to Section 7.P .I.e.I. Section 7.P.I.e Maximum Stnleture Height. Meohanieal equipment \vhieh exclUSively serves the structure shall not be included in the calculation of height. e.l Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be greater than five (5) stades 8fld shall be below the Flerial;\ Building Code thresholds for a high rise elassification.75 feet. Any building exceeding 45 feet In heIght shall be processed as a conditional use. C:\Documents and Settinl1s\ireeneQ.CITY\Local Settin~s\ Temoorarv Internet Files\OLK I E\Ouantum Park Height.docS!\C^\ONfiRaRee9\PlaRRiR~aAliitiaRlll Use MalulMeAt M I Q411QS.liee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3. That Chapter 2. Section 7 PIe of the LDR is hereby amended by creating new sections as follows eo2. Building Height Measurement. Building heIght shall be measured from the lowest fimsh floor slab elevatIon of the proposed buildmg to the peak of the structure. including: any architectural details. stairwells. elevator shafts. etc. e.3. Height Setback Envelop. MInImUm bUIldmg setbacks shall be based on buildmg heights for buildings greater than forty-five (45) feet in height. The height setback envelop is applicable where the Mixed Use development is adiacent to an eXisting develooed single-family residential zoning district outSide the Pill. This minimum setback shall be three (3) times the buildmg height for any multifamily or nonreSIdential structure. The setback shall be measured from the common boundary of the PID and the existing single- family residential zomng district of the midpomt of any intervenmg right-of- way. Section 4. Each and every other provision of Chapter 2, Section 7 of the Land Development Regulations, not herein specifically amended shall remam in full force and effect as prevIously enacted. Section 5. All ordinances or parts of ordinances m conflict hereWIth be and the same are hereby repealed. Section 6. Should any sectIOn or proviSIOn of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent jUrIsdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 7. Section 8. Authority is hereby granted to codIfy said ordinance This ordinance shall become effective immediately upon passage. FIRST READING this _ day of , 2005 SECOND, FINAL READING AND PASSAGE this day of 2005 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner C:\Documents and Settine:s\2reeneq.CITY\Local Settine:s\Temponuy Internet Files\OLKlE\Ouantum Park Hei2ht.doc8!\CNDr4iRllftees\PlllftRiRg\CsRtlilieRallJse AiHeRlImeRt M I g~ 119j,tlee 1 2 3 ATTEST 4 5 6 City Clerk 7 8 (CORPORATE SEAL) 9 10 11 12 Commissioner Commissioner C:\Documents and Settin~s\2reeneQ.CITY\Local Settings\Temnonuy Internet Files\OLKIE\Ouantum Park Height.doc8!\Cl.\0F4iRaRee&\PlaRRiftg\CelulilieRal Use AfReRllMeRt M 1 941 UlS.~ee Development staff response to Issues related to Code Review CDRV 05-006 April 5, 2005 1 Definition of five-story building -- without a companion height limitation, how high theoretically can the building be? There is nothing in the staff report to indicate how high a five-story building would be. Assuming a 12' ceiling height, a five-story building, exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the maximum building height by right is SS feet. The petitioner in this instance has requested authorization of "five-story buildings" as opposed to the underlying PID allowance of bundings having a maximum height of 4S feet. Further, the SMU code as referenced in the staff report does allow for increased height of buildings in the SMU district between SS feet and 75 feet subject to special review and setback regulations. In summary, I am concerned that the petitioner's request for authorization of a five-story building lacks specificity and will result in interpretive problems for the staff and Commission. The building height should be expressed in feet not stories. That said the visual impact of five-story buildings along Gateway must be addressed by staff. This was not done in the staff report. The Staff Report Summary recommends revising Section 7.P 1 e of the Planned Industrial District (PID) regulations to read as follows. Section 7.P.1.e - Max/mum Build/no He/uhf. The Mixed Use Dods within the PID shall aI/ow for a heiaht of frfty-fiye (55) feet for mixed use and residential buildinas. Buildina heiahts between fifty-five (55) feet and a maximum of seventy-five (75) feet shall be Drocessed as a Conditional Use. No excelJtions to the maximum heiaht shall be allowed. Staff does not consider the 10 foot difference, between the currently allowed 45 foot height to the midpoint of a pitched roof with the possibility of being granted an undetermined height exception and the maximum 55 foot height to the top of a roof with no exceptions, to be significant. The 75-foot height limit can only be achieved by going through the conditional use process. As a result staff does not consider the visual impact along Gateway to differ significantly from what can be built now 2. What does "shall fall below the Florida Building Code thresholds for a high-rise classification" mean? This is not explained in the staff report. H this is an exception to any fire code provisions, the FD may have objections to the proposed language. Will the new high-rise regulations to our fire code apply to the PID? The staff report needs to address this matter ThIs statement should more correctly reference Ordinance No. 04-005 which amended Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which defines "High Rise" as six stories or 75 feet. - ------ .------ -~ ~ 3 The staff report recommends deploying the set-back provisions of the SMU in the Quaatum PID - however, as noted above, this may be a moot point as there is no contiguous single family property for vacant lots, I believe. The only area which I saw adjacent to single-family Is the MU lots 23-31, which have been developed. As land use policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that the SMU designation is a special case with limitations The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is possible that future single-family adjacencies could occur at parcels 83,87 and 88 The recommendation by staff is based on a vision for the future, which would allow intensification, by height based on subsequent and required NOPC applications and/or substantial deviations to the DRI To add additional units or square footage above the current threshold of the ORI, formal applications would be required and reviewed accordingly Rather than creating a new system, based on the similarities in location and use with the SMU, the general components of the SMU were applied 4. I did not see any language that would seek to evaluate the SMU provisions for usable open space at the Quantum PIn Your staff needs to address whether such requirements are appropriate or beneficial to the MU area of Quantum PID. This is an important and integral element of balancing increased height and density How would and should the SMU Building and Site Regulations apply to the Quantum Site? I ask this because it appears that the staff report only addressed setback requirements associated with higher buildings. The Quantum Park PIO has it's own open space requirements which it had originally met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer, right-of-way plantings, and multiple retention ponds with littoral plantings. The subject and preceding NOPC amendments have not represented intensifications of the DRl/Master Plan, but a shifting of uses under the maximum thresholds The additional height allowed should not be viewed as an intensification but as a vertical use of capacity Therefore, this should not necessarily be viewed as the opportunity to apply more restrictions disproportional to the request. S. What is the basis for the developer's desire to increase the DU's by 10S units? What is the hardship imposed that would allow such an increase in density? The only item I could see in the developer's presentation package is that the topography of the area is low (See page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the final number and distribution of residential units in the area depicted as Exhibit B to the staff report? What is the density for the proposal? The question as to the basis for the developer's desIre to increase DU's by 105 units would appear to be academic in light of the City Commission's Approval of Ordinance No 05-013 on February, 152005, which approved the NOPC allowing the additional 105 dwelling units The DRI application does not state any hardship, nor is the applicant required to provide that type of justification. From day one, when residential units were Initially allowed into the PID via the prerequisite amendments, resIdential units have been allowed consistent with the Comprehensive Plan subject only to a FAR and not a density limit. 6. What impact will this petition have, if granted, on the Mixed Use designated parcels in the Quantum PID? Based on what has been constructed and what is vacant In these areas, what can we expect? Also, could the commercial/office area on the north side of Gateway (Lots 83-88) be converted to residential, or has the development of these parcels been assured as non-residential? More residential development on Lots 83-88 could occur but would likely trigger a formal process to amend the master site plan for that mixed-use pod A certain level of additional units, if vertical or well integrated would be generally supported by staff ----_._------~-------~- ----- ~(''/ "\( ~'''''' ( CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetinl!: Dates in to City Clerk's Office Meetinl!: Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) ~ June 7 2005 May 16, 2005 (Noon) 0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17 2005 May 2, 2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing ~ Legal 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION Please place this request on the June 7,2005 City Connnission Agenda under Legal, Ordinance - First Reading. The City Connnission/Local Planning Agency denied the subject request under Consent and Legal, Ordinance - First Reading on April 19, 2005 At the May 3,2005 meeting, the City Connnission acted to have this item reconsidered at its May 17th meeting. Following further consultation and pursuant to the approval by the Planning Board, staff recommends that any height above 45 feet should be treated as a conditional use. (See attached Ordinance). For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040 EXPLANATION PROJECf AGENT OWNER. LOCATION DESCRIPTION Quantum Park MU Height (CDRV 05-006) Eugene Gerlica, P.E., Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. PROGRAM IMPACT FISCAL IMPACT ALTERNATIVES: N/A N/A N/A City Manager's Signature 'hd~ Planning and Z g rrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-006 6-7 05 Is reading-back.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05..040 TO: Chair and Members Plannlng and Development Board THROUGH: Michael W. Rumpf Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: March 4, 2005 SUBJECT: CODE REVIEW (CDRV 05-006) Quantum Park PID (Maximum BuDding Height In Mixed Use Pods) NATURE OF REOUEST Mr. Eugene Gertica, representing Quantum Group of Companies, is requesting an amendment to the City's Land Development Regulations to anow an increase in the maximum anowed height in excess of the 45- foot Hmitation contained within the Quantum Park Planned Ind~a1 District (PID). The request is specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "At> -Justification Statement). BACKGROUND The City"s Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building height within Planned Industrial Districts (PID). According to the current regulations, "No building or czppurtenances thereof shall exceed forty-five (45) feet in height" To date, the residential construction occwring within Quantum Park has been primarily townhomes and apartments, which complied with the 4S-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOPC #15), approved by the City Commission on February 15, 2005, providing for an increase in the allowable number of dwelling units by 105, the Quantum Group would like to make provision for a vertical condominium residential option. ANALYSIS The requested amendment would affect only those properties within a Planned Industrial Distriot (PlD) designated with a Mixed Use (MU) land use. Mixed Use podS only exist within the Quantum Park PID Staff reviewed the Quantum Park Master Plan (see Exhibit cC)31t - Quantum Park Master Plan), and the only lots containing the c~ed Use {MU)u designation are noted as follows: Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 mown as Quantum Townhomes Bast & W cst (now called Parkside). This projeot is nearly built-out. .-eve. CDRV 05-006 Lots S9-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for 8 rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This projeot is complete. Lots 62-67 &. 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South. The rental apartment oomponent of this project is under oonstruotion. Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse projeot (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for c~ed Use (MU)" within Quantum Park is 94.86 acres, which is approximately 17% of the total acreage of the DR! (553.13 aores). Additionally, only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential. First is the Quantum Park and Village North project, whioh abuts a vacant tract of land to the west that is zoned single-family Second is the Parkside townhouse project, whioh, as stated earlier, is nearly built-out and which abuts the L WDD E-4 Canal to the west and across the canal is the Dos Lagos residential comnnmity It would appear, at the present time, the only '~ed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects bas not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Commission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staff bas had with Olen Development, and their recent submittal for a Master Plan Modification and Major Site Plan Modifioation, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. As justification for the request for additional height, Quantum states that "An increase in height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height development" During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations: Revise Scotion 7.H.14 - Maximum Bulldtng Height, as follows: Section 7.H.I4 - Maximum BuUding Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in II Mixed Use POD pursuant to Section 7.P.I.e.I. Renumber and revise Section 7.P I.e - Maximum Structure Height, as follows: SesHSH 7....1)..1.6 MaiM"'" Strfleture 1hlght }'leeha,tteal epipIHeltt whish 961wi'/ely (JefWJ(J ,lte Itrwsttwe Mall "8t be l"elfMiSflift the ealewl"Heft ellteigltt. Section 7.P.I.e.n MtlXlmum BuU4tng Height. 11Ie maximum building hei,ht within a Mixed Page 3 CDRV OS..oo6 Use Pod shall "ot be veater tha" five (5) stories and shall be below the Florida Buildin1 Code thresholds (or a IIii'll-rise classification. Add two (2) new subsections, as follows: Section 7.P.l.e.l) Building Helllht Measurement. Buildin~ heill"t shall be measured from the lowest finish floor slab elevation Qfthe proposed building to the veal Q.fthe structure. including anv architectural details. stairwells. elevator shafts. etc. Section 7.P.l.e.3J Helllht Setbllck Envelop. Minimum building setbac/rs shall be based on buildinf heights for buildings veater than forty-five (45) feet in height. The het"ht setback envelop is applicable where the Mixed Use development is ail/acelli to an existing develQPed single-familv residential zoning district outside the PID. This minimum setback shall be three (3' times the building height for a,.y multifamilv or nonresidential structure. The setback shall be measured from the common boundary ill the PID and the existing single-family residential zoning district or the midpoint of any intervening rlght-of -way. As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which allow mixed use in a vertical configuration, allow a height comparable to that being requested by the applicant, make provisions to safeguard adjacent single family residential communities, and is being utilized in the immediate vicinity in conjunction with the Renaissance Commons project. SUMMARY As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the existing SMU regulations, staff reconunends the following amendments to the PID district regulations, which vary slightly from those suggested by the applicant: Revise Section 7.H.14 - Maximum Building Height, as follows: Section 7.H.14 - Maximum Building Height No building or appurtenances thereof within the PID zoning district shall exceed/arty-five (45) feet in height.. with, the exceotion Q.fbuildings in a Mixed Use Pod pursuant to Section 7.P.l.e. Amend Section 7.P I.e. - Maximum Structure Height, as follows: Soo#6n 'l.P.J.e JlllXi,IU'", SWIIMl"e HeIght. }'/eeh81fie<<l.ipmMt whieh ~lftBi'..ely oervea #Ie struetur<e o1lallltGt be inehldei ilt tfte eekNlati8Pl efheight. Section 7.P.l.e - Maximum Bulldin~ He/,ht. The Mixed Use pods within the PlD shall allow for a height q,f fi,fty-ftve (55' feet for mixed use and residential buildings. Building helfhts between filty-ftve (55) (eet and the maximum Q.fseventy-ftve (7~) (eet shall be processed as a Conditional Use. No exc~tions to the maximum height shall be allowed. Additionally. the (ollowing regulations shall apJ1ly: (1) The buildiml lIe~ht shall be meqsured from the lowest finish floor slab elevation qf the PrQposed building or from the minimum base flood elevation as established bY. --------------- -'-- Page 4 CDR-V 05-006 FEMA. whichever Is hi,hest. to the peak qf the structure. includin, anv architectural details. rooflQp eqJ4lpment. stairwells. elevator shqfts. etc. (2) Hel,ht Setback Enllelty'e. Minimum buildinlt setbacks shall be based on buildin, heights for buildings ,reater than fortY-live (4~) feet in height. The height setback envelope is aJlJ1licable where the Mixed Use development is aqlacent to an existing develoj1ed sinrle-familv residential zoninr district outside the PID. This minimum setback shall be three (3) times the building height for anv residential or mixed use structure. The setback shall be measured from the common boundary of the PlD and the existing single-familv residential zoning district or the midpoint Q,f anv intervening right-of-wav. The slight changes recommended by staff, from the language proposed by the applicant, involve: (one) - the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU language in requiring stlUctures between SS and 75 feet in height to be treated as a Conditional Use and denoting that height exceptions are not allowed; (three) - the addition ofFBMA floodplain criteria as an additional option in determining the base of measurement for height. RECOMMENDATION Staffrecommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola site), and similar regulations appear appropriate. 1:ISImDATAIPUNNINGISRAlU!IJWP\PllOJl!CtSlQUANIUM PAlWKU POD IIElGRr COllY.DOC ----------------.._~- -41~ QUAN, .-Ulv\ -iiltlr- G R 0 U P 0 F COM PAN I E S EXHIBIT A January 18,2005 Mr Miohael W Rwnpf, Director City of Boynton Beach Department of Development Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE: Quantum Park DRI CODE REVIEW - PID - MAXI1\1UM: BUILDING HEIGHT Dear Me Rumpf: Pursuant to a proposed development order condition for the pending NOPC for the above referenced project we are requesting a code review, or more precisely a zoning code text change, to accommodate the intended development Provided with this request are the following items. 1 Code Review Application Fee of $250 00, Check No 1331, made payable to The City of Boynton Beach. 2. Quantum Park PID Code Review Request Justification Statement and Discussion, dated January 2005 Please review the enclosed Justification Statement and schedule this Request for consideration at the earliest possible date by the Planning and Development Board and subsequently by the City Commission. Final consideration of this Request by the City CQmmission on or before February is, 2005 will not adversely impact the Project development schedule. If you should have any further questions, please feel free to contact me at any time Sincerely, Eugene A. Oerlica, P .E. cc: Doug MacDonald David Noms, Esq. Cohen, Noms, et. aI., (w/encl) Igor OlenieotT, Olen Development, (w/enel) Steve Pike, Olen Development, (w/encl) F:\QIwltum LlmttedWOPCl S CODB REP1Bff' Bldg HtlRMmpf-ltr-CDRY200S.1.10.doc 2600 Quantum lakes Drive, Suite 101 Boynton Beach. R. 33426 (561)740-2447 · Fax: (561)740-2429 e-mail: quantgrpGqgc.cc QUANTUM PARK PID CODE REVIEW REQUEST JUSTFICATION STATEMENT AND DISCUSSION INTRODUCTION AND PURPOSE Quantum Park IS zoned PID, it is greater than 500 acres in size and contains a Mixed Use POD consisting of four (4) locations. This Code Review is requested to propose a zoning text change that will allow building heights in excess of the current maximum building height of 45 feet within the Mixed Use POD of Quantum Park PID This Code Review request is submitted pursuant to a proposed development order condition of the pending DR!- NOPC. and Master Site Development Plan amendment currently under consideration by the City JUSTIFICATION STATEMENT AND DISCUSSION A maximum building height greater than 45 feet will allow Quantum Park to optimize the stated intent and pmpose of the PID distnct as set forth m the Code. Please consider the following. An increased building heIght will better satisfy current demands for Mixed Use lands by encouraging development which reflect changes in land development trends relating to the topographic variety of the Quantum. Park SIte. An increased building height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height developments. An increased building height will permit economies in providing public services I DR! - Development of Regional Impact, NOpe - Notice of Proposed Change QUANTUM PARK PID - CODE REVIEW REQUEST 1anuary 2005 F:\Qu<rntum Llmlted\NOPCI5 CODE REVIEW Bldg HtlCODB RBJflBW.RvUoc Page 1 of4 An increased building setback is proposed for buildings greater than 45 feet in height. The height setback envelope criteria will eliminate adverse impacts to existing adjacent single..family zoned lands. Over the years Quantum Park has evolved into a complex Mixed Use development. Please consider the following historical perspective. In 1984, Quantum Park was envisioned to be an emulation of the Silicon Valley type development in California. Quantum Park with over 4 0 million square feet of building area proposed for research and development companies would compliment the newly constructed Motorola Plant and the mM campus in Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the development in Quantum Park includes nearly 2.0 Mil square feet of warehouse/distribution space, a High School, a commuter train station, a City Park, a private drug and alcohol rehabilitation facility, 1,000 residential units and a proposed police and fire station. Quantum Park and the City of Boynton Beach have evolved to include these desirable Mixed Use pockets of development complete with high-density residential and commercial space in close proximity The high density and close proximity are key to promote the pedestrian use of connectivity facilities. Other examples of the mixed-use developments are the marina project, the CRA and the Rennisance project. These mixed-use projects include buildIng heights In excess of 45 feet, some as great as 75 feet. Quantum Park may well be the most umque site topographically in Palm Beach County The water management tracts are some of the lowest in the County at elevation 800, while the natural grades are some of the highest at elevations in excess of 40 00 The constructed finish floor elevations vary from elevation 14.50 to in excess of elevation 35 00 An increased maximum building height, particularly at the lower elevations, is not only appropriate, but also desirable. The proposed text amendment regarding the increased maximum building height will provide the Code cnteria that will allow taller multifamily residential buildings The individual homes may be a single floor product in contrast to the multistory residential units now existing in Quantum Park. An additional housing product of this nature can be offered consuming less land area provided the maximum building height is increased. QUANTUM PARK PID - CODB REVIEW REQUEST 1anuary 2005 FI\Qwcrntum LlntttedWOPC15 CODE REVIEW Bldg HtlCODE REJ'lEW-RvJ.doc Page 2of4 CODE SECTION REFERENCE Chapter Two of the Code of Ordinances is the Boynton Beach Zoning Code Section Seven (7) is the Planned Industrial Development District Code Text amendments to the following subsections of this Section are proposed to address the maximum building height request. Section 7 .H.14 - Maximum Building Height Section 7.P 1 b - Definitions Section 7.P 1 e - Maximum Structure Height [This area left Intentionally blank] QUANI'UM PARK. PID - CODE RBVmW REQUEST January200S P~\Qua1ctum L#mItMWOPC/J CODE REJl1EW Bldg HtlCODE RlMEW-RvJ.doc Page 3 of4 -----"- ------ PROPOSED ZONING TExT CHANGES Revise Section 7.H.14 - Maximum Building Height, as follows' Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.I.e.1). Renumber and revise Section 7.P 1 e - Maximum Structure Height, as follows Section 7.P.I.e.1) Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code thresholds for a high-rise classification. Two (2) new subsections are proposed, as follows Section 7.P.1.e.2). Building Height Measurement. Building height shall he measuredfrom the lowestfinishfloor slab elevation afthe proposed building to the peak of the structure, including any architectural details, stairwells, elevator shafts etc. Section7.P.1.e.3). Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than 45 feet in height The height setback envelope is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the pm. This minimum setback shall be three (3) times the building height for any multifamily or nonresidential structure. The set back shall be measuredfrom tlte common boundary of the pm and the existing single-family residential zoning district or the midpoint of any intervening right-of-way. QUANTUM PARK PID - CODE RBVIBW REQUEST January 2005 F:1Quantum LlmlwlWOPC15 CODE RBJl'IEW Bl4g HtlCODE RE~W..RvJ.doc Page 4 of4 ~~ J,li ld LJ " !~ i I I III I, I f i i 11~1I1!!! I ! -!Iii Ij II ! IIII J 1,1 i I! ! ~ ; P I I ii I I i I J I.~ . ~ I .. I. I II~ I I i, f ~ I J1 ~ ~ OOIIGl\US ~YlHUI: I "'.--cl .." I -R wi I i i ~ ~i~~ ~1~e~i~gO;5i tgll! ~ I lW1~ I ~ ~~i,g~GI;e~g I I IluaUllll1 ~ei~Q OQUB ...g 0 !~ f ~ UIUUil1 ~ I ~i1l5 I~ I ul 5t Ii AI I' · EXHI IT E ~ . ~ . , . ~ - "" - ------- --' ---~-----_............----. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 AND 7 PIe. TO ALLOW A l\1AXIMUM BUILDING HEIGHT EXCEEDING FORTY -FIVE FEET IN HEIGHT BUT NOT EXCEEDING SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID :L\fIXED USE POD, PROVIDING APPLICATION FOR BUILDING 'VITH A HEIGHT EXCEEDING FORTY-FIVE (45) FEET SHALL BE PROCESSED AS A CONDITIONAL USE, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the CIty'S PID Land Development Regulations linut building height to forty-five (45) feet; and WHEREAS, the City Comnussion has considered recommendations from City staff that bUildings m PID mixed use PODS be permitted to a height of seventy-five (75) feet subject to conditional use review/approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT Section I. Each Whereas clause set forth above IS true and correct and herem incorporated by this reference. Section 2. That Chapter 2. SectIOn 7 H. 14 of the LDR is hereby amended by as follows. 14 MaxllllUm Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet m height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P .I.e. I. Section 7.P.l.e Maximum Structure Height. Meehanieal equipment whteh exclusively serves the structure shall not be included in the oaloulation of height. e.1 Maximum Buildmg Height. The maximum building height within a MIxed Use Pod shall not be greater than five (5) stories and shall be Below the Florida Building Code thresholds for a kigh rise elassifioation.75 feet. Any building exceeding 45 feet In height shall be processed as a conditional use. ~:\Documents and Settin~s~reeneQ.CITY\Local Settinl!:s\Temporary Internet Files\OLKI E\Ouantum Park Height.docg:\CA\O~iRaRees\PlanRiRglCendjtjeRal Use Amendment 1\1 1 Q411 QS,dee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3. That Chapter 2. Section 7 P t.e of the LDR is hereby amended by creating new sections as follows co2. Building Height Measurement. Building height shall be measured from the lowest finish floor slab elevatIon of the proposed building to the peak of the structure. includIng any architectural details. stairwells. elevator shafts. etc. e.}. HeIght Setback Envelop. MInImUm buIlding setbacks shall be based on bUIldIng heights for bUildings greater than forty-five (45) feet in height. The heIght setback envelop is applIcable where the Mixed Use development is adlacent to an existmg developed smgle-family residential zOning district outside the Pill. This mInImUm setback shall be three (3) times the building heIght for any multifamily or nonresidential structure. The setback shall be measured from the common boundary of the PID and the existing sinele- fanulv reSIdential zonmf!: distrIct of the midpomt of any intervening right-of- way. Section 4. Each and every other provision of Chapter 2, Section 7 of the Land Development Regulations, not herein specifically amended shall remam III full force and effect as previously enacted. Section 5. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6. Should any section or prOVIsion of this ordinance or portion hereof, any paragraph, sentence or word be declared by a court of competent JUrIsdictIOn to be invalid, such decision shall not affect the remainder of this ordinance. SectIon 7. Section 8. Authority is hereby granted to codify said ordinance This ordinance shall become effective immediately upon passage. FIRST READING this _ day of 2005 SECOND, FINAL READING AND PASSAGE this day of 2005 CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner C:\Documents and Settin2s~reeneq.CITY\Local Settings\Temporarv Internet Files\OLKIE\Ouantum Park Height.docS!\.cAl,{)rdiatlf\ae5\PI&t\ftiag\Cel\di~ef\1l1 Use Aft\eRdmeat M 1 Q111 QS.llea 1 2 3 ATTEST 4 5 6 City Clerk 7 8 (CORPORATE SEAL) 9 10 11 12 Commissioner Commissioner C:\Documents and Settings\greenea.ClTY\Local Settinqs\Temporary Internet Files\OLKlE\Quantum Park Heillht.doc8t\CA\OrdtA8I\aes\Plal\l\iftg\Ceaditiel\aI Use AMeRlImel\t M llH IIQS.dee Development staff response to Issues related to Code Review CDRV 05-006 April 5, 2005 1 Definition of five-story building -- without a companion height limitation, how high theoretically can the building be? There is nothing in the staff report to indicate how high a five-story building would be. Assuming a 12' ceiling height, a five-story building, exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the maximum building height by right is 55 feet. The petitioner in this instance has requested authorization of "five-story buildings" as opposed to the underlying PID allowance of buildings ha'\ing a maximum height of 45 feet. Further, the SMU code as referenced in the staff report does allow for increased height of buildings in the SMU district between SS feet and 75 feet subject to special review and setback regulations. In summary, I am concerned that the petitioner's request for authorization of a five-story building lacks specificity and will result in interpretive problems for the staff and Commission. The building height should be expressed in feet not stories. That said the visual impact of five-story buildings along Gateway must be addressed by staff. This was not done in the staff report. The Staff Report Summary recommends revising Section 7 P 1 e of the Planned Industrial District (PID) regulations to read as follows. Section 7.P.1.e - Maximum Bulldina Heiaht. The Mixed Use Dods within the PID shall allow for a heiaht of fifty-five (55) feet for mixed use and residential buildinas. Buildina heiahts between fifty-five (55) feet and a maximum of seventv-fwe {75J feet shall be processed as a Conditional Use. No exceDtions to the maximum heiaht shall be allowed. Staff does not consider the 10 foot difference, between the currently allowed 45 foot height to the midpoint of a pitched roof with the possibility of being granted an undetermined height exception and the maximum 55 foot height to the top of a roof with no exceptions, to be significant. The 75-foot height limit can only be achieved by going through the conditional use process. As a result staff does not consider the visual impact along Gateway to differ significantly from what can be built now 2. What does "shall fall below the Florida Building Code thresholds for a high-rise classification" mean? This is not explained in the staff report. H this is an exception to any rue code provisions, the FD may have objections to the proposed language. Will the new high-rise regulations to our fire code apply to the PID? The staff report needs to address this matter This statement should more correctly reference Ordinance No. 04-005 which amended Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which defines "High Rise" as six stories or 75 feet. 3 The staff report recommends deploying the set-back provisions of the SMU in the Quaatum PIO - however, as noted above, this may be a moot point as there is no contiguous single family property for vacant lots, I believe. The only area which I saw adjacent to single-family is the MU lots 23-31, which have been developed. As land use policy, tbe provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that tbe SMU designation is a special case with limitations The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is possible that future single-family adjacencies could occur at parcels 83, 87 and 88 The recommendation by staff is based on a vision for the future, which would allow intensification, by height based on subsequent and required NOPC applications and/or substantial deviations to the DRI To add additional units or square footage above the current threshold of the DR', formal applications would be required and reviewed accordingly Rather than creating a new system, based on the similarities in location and use with the SMU, the general components of the SMU were applied 4. I did not see any language tbat would seek to evaluate the SMU provisions for usable open space at tbe Quantum PID. Your staff needs to address whether such requirements are appropriate or beneficial to the MU area of Quantum PID. This is an important and integral element of balancing increased height and density How would and should the SMU Building and Site Regulations apply to the Quantum Site? I ask this because it appears that the staff report only addressed setback requirements associated l\ith higher buildings. The Quantum Park PID has it's own open space requirements which it had originally met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer, right-of-way plantings, and multiple retention ponds with littoral plantings The subject and preceding NOpe amendments have not represented intensifications of the DRI/Master Plan, but a shifting of uses under the maximum thresholds The additional height allowed should not be viewed as an intensification but as a vertical use of capacity Therefore, this should not necessarily be viewed as the opportunity to apply more restrictions disproportional to the request. S. What is the basis for the developer's desire to increase the DU's by 105 units? What is the hardship imposed that would allow such an increase in density? The only item I could see in the developer's presentation package is that the topography of the area is low (See page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the final number and distribution of residential units in the area depicted as Exhibit B to the staff report? What is the density for the proposal? The question as to the basis for the developer's desire to increase DU's by 105 units would appear to be academic in light of the City Commission's Approval of Ordinance No 05-013 on February, 152005, which approved the NOPC allowing the additional 105 dwelling units. The DRI application does not state any hardship, nor is the applicant required to provide that type of justification. From day one, when residential units were Initially allowed into the PID via the prerequisite amendments, residential units have been allowed consistent with the Comprehensive Plan subject only to a FAR and not a density limit. .-------------- 6 What impact will this petition have, if granted, on the Mixed Use designated parcels in the Quantum PID? Based on what has been constructed and what is vacant in these areas, what can we expect? Also, could the commercial/office area on the north side of Gateway (Lots 83-88) be converted to residential, or has the development of these parcels been assured as non-residential? More residential development on Lots 83-88 could occur but would likely trigger a formal process to amend the master site plan for that mixed-use pod A certain level of additional units, if vertical or well integrated would be generally supported by staff Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Description Request for Height Exception approval of 19 feet-six (6) Inches to allow decorative rooftop statues at a height of 64 feet-six (6) Inches In lieu of the maximum of 45-feet allowed In the C-3 zoning district. Chairman Wische stated that there was only one staff comment and Mr Marsicano agreed with the staff comment. Chairman Wische opened the public hearing Since no one wished to speak, the public hearing was closed Motion Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the (-3 zoning district. Mr Hay seconded the motion that passed unanimously o Code Review 1 Project. Agent. Owner Location Description Quantum Park MU Height (CORV 05-006) Eugene Gerlica, P E., Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mined Use (MU) PODs of the Planned Industrial District (PIO) regulations. Chairman Wische stated that Staff approved it with slight recommendations to the Planned Industrial District regulations David Norris, 712 US Highway 1, attorney for the applicant, assumed the podium and stated that they accept the staff recommendations. Ed Bresse, Principal Planner stated that the City Manager requested that Staff recommend that the Item be tabled so he can have more time to review the Information submitted Chairman Wische stated it was not on the agenda to table, and he was only Interested In whether the request was approved. 7 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Mr Saberson moved to table the request for one month until the next Planning and Development meeting Ms. Jaskiewicz seconded the motion Chairman Wische objected to tabling and stated the item was already held back from the February meeting Mr Breese informed the Board that the City Manager had been ill and has not had a lot to time to spend on those types of Items. Vice Chair Casaine stated he did not believe that enough reason had been presented to table the item He stated that motions must be presented in an order, and you have to give the opportunity for it to be presented to the public and the Board for discussion before a motion can be presented Mr Hay stated that based on the City Manager's illness he felt the City Manager should have the opportunity to review the item Mr Nora pointed out that the item was originally part of the request for NOPC #15, and staff requested them to remove it from that request so that they would have more time to review They gave staff the additional month and a half to review the item, which Staff gave their recommendation that they agree with. He did not think it was fair for them to ask for more time at the last minute He stated that it is a big project and every request is time sensitive Mr Broening pointed out that after the Board makes its recommendations that the item then goes to the City Commission for approval, which will provide sufficient time for any further review that may be necessary Mr. Breese pointed out that Mr Nora stated Staff asked them to remove the item from the NOPC #15 to give them more time to review, and that was not a factual statement. He stated that it is not a part of the NOPC and Is not something that is reviewed by the State He stated that they did ask him to remove the item because it would not be appropriate to deal with it within an NOPC and suggested they move it to tonight's meeting Vote The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr Cwynar, Mr Hay, Mr Broening dissenting) 8 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 ~Qtion Vice Chair Sergio moved that the request to amend the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PID) request and following staff's recommendations be approved Motion seconded by Mr Cwynar Vote The motion carried 5-2 (Mr Saberson and Ms Jaskiewicz dissenting) 8. Other None 9. Comments by members Mr Hay inquired if it was okay for them to have the meeting without an Attorney present. Mr Breese responded that Staff was told that it would not be a problem running the meeting without the Attorney present. Mr Fitzpatrick, Alternate, inquired from Staff about a list of questions he had given out to Staff two months ago and has not had any reply Mr Breese stated that he was not sure what those requests were, that they were not directed to him, but he will find out. 10. Adjournment There being no further business, the meeting properly adjourned at 7 19p m Respectfully submitted, Catherine Wharton Recording Secretary (March 24, 2005) 9 y .f' I '::I' r; I 1 i I -...,.. r}"'\r^-.Q..c. . ."'--. ~ \\-- I CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meetin~ Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 AprilS, 2005 March 14,2005 (Noon.) 0 June 7 2005 May 16, 2005 (Noon) 0 April 19,2005 April 4, 2005 (Noon) 0 June 21 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) IZI May 17 2005 May 2, 2005 (Noon) 0 July 19 2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF 0 Consent Agenda 0 New Business AGENDA ITEM 0 Public Hearing IZI Legal 0 Bids 0 Unftnished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION Please place this request on the May 17,2005 City Commission Agenda under Legal, Ordinance - First Reading. The City CommissionILocal Planning Agency denied the subject request under Consent and Legal, Ordinance - First Reading on April 19, 2005 At the May 3,2005 meeting, the City Commission acted to have this item reconsidered at its May 17th meeting. Pursuant to the approval by the Planning Board and, following further consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be treated as a conditional use. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040 EXPLANATION PROJECT AGENT OWNER. LOCATION DESCRIPTION Quantum Park MU Height (CDRV 05-006) Eugene Gerlica, P .E., Quantum Group of Companies Quantum Group of Companies QuantumParkPID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (PID) regulations. PROGRAM IMPACT N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A DevelOP~ City Manager's Signature pk ~d ?~"'r Diy Attorney I Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0065- 17 -05 Is reading. dot S:\BULLETlN\FORMS\AGENDA ITEM REQUEST FORM.DOC ~ CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Fonn Must be Turned Requested City Commission Date Final Fonn Must be Turned Meetim! Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 April 5, 2005 March 14,2005 (Noon.) 0 June 7 2005 May 16,2005 (Noon) [gI April 19 2005 April 4, 2005 (Noon) D June 21 2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon) 0 May 17 2005 May 2, 2005 (Noon) D July 19 2005 July 5, 2005 (Noon) 0 Administrative D Development Plans NATURE OF [gI Consent Agenda D New Business AGENDA ITEM D Public Hearing [gI Legal 0 Bids D Unfinished Business 0 Announcement D Presentation 0 City Manager's Report RECOMMENDATION Please place this request on the April 19, 2005 City Commission Agenda under Consent, and Legal, Ordinance - First Reading. The Planning and Development Board, on March 22, 2005, forwarded this item to the Commission with a recommendation for approval. Pursuant to the approval by the Planning Board and, following further consultation, staff recommends, and the attached ordinance reflects, that any height above 45 feet should be treated as a conditional use. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040 51!. -o-e JJ I € d t\l '\;\ \C\\()5"lV\~-a-L u-q fu...t~ l EXPLANATION PROJECT AGENT OWNER. LOCATION. DESCRIPTION Quantum Park MU Height (CDRV 05-006) Eugene Gerlica, P .E., Quantum Group of Companies Quantum Group of Companies Quantum Park Pill Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 75 feet, with conditional use approval, in Mixed Use (MU) PODs of the Planned Industrial District (Pill) regulations. PROGRAM IMP ACT: N/A FISCAL IMPACT N/ A ALTERNATIVES: N/A ~vel~ City Manager's Signature Z-c1~ Planning an g Drrector CIty Attorney / Fmance / Human Resources S:\Planning\SHARED\WP\SPEC OJ\CODE REVIEw\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRV 05-0064-19- 05 2nd.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DMSION MEMORANDUM NO. PZ 05-040 TO: Chair and Members Planning and Development Board THROUGH: Michael W Rumpf Director of Planning and Zoning FROM: Ed Breese ~ Principal Planner DATE: March 4, 2005 SUBJECT CODE REVIEW (CDRV 05-006) Quantum Park PID (Maximum BuUdlng Height In MlJ::ed Use Pods) NATURE OF REOUEST Mr Eugene Gerlica, representing Quantum Group of Companies, is requesting an amendment to the City's Land Development Regulations to allow an increase in the maximum allowed height in excess of the 45- foot limitation contained within the Quantum Park Planned Industrial District (pID). The request is specific to the Mixed Use (MU) pods in Quantum Park (see Exhibit "A" - Justification Statement). BACKGROUND The City's Land Development Regulations Chapter 2, Section 7.H.14 establishes the maximum building height within Planned Industrial Districts (PID). According to the current regulations, "No building or appurtenances thereof shall exceed forty-five (45) feet in height" To elate, the residential construction occurring within Quantum Park has been primarily townhomes and apartments, which complied with the 45-foot height limitation. As a result of the most recent Quantum Park DR! amendment (NOpe #15), approved by the City Commission on February 15, 2005, providing for an increase in the allowable number of dwelling units by 105, the Quantum Group would like to make provision for a vertical condominium residential option. ANALYSIS The requested amendment would affect only those properties within a Planned Industrial District (PID) designated with a Mixed Use (MU) land use. Mixed Use pods only exist within the Quantum Park PID Staff reviewed the Quantum Park Master Plan (see Exhibit "B" - Quantum Park Master Plan), and the only lots containing the "Mixed Use (MU)" designation are noted as follows. Lots 7-11 & 23-31 These lots are located on Quantum Boulevard, north of Gateway Boulevard and were approved for a townhouse development by DR Horton in 2002 known as Quantum Townhomes East & West (now called Parkside). This project is nearlybuilt-out. Page 2 CORV 05-006 Lots 59-61 & 101 These lots are located on Quantum Lakes Drive, south of Gateway Boulevard and were approved for a rental apartment development by Olen Development in 2000 known as Quantum Lakes Villas. This project is complete. Lots 62-67 & 100' These lots are located on the south side of Gateway Boulevard, just west of High Ridge Road and were approved for an office, retail and rental apartment development by Olen Development in 2002 known as Quantum Park and Village South. The rental apartment component of this project is under construction. Lots 83-88 & 89-B These lots are located on the north side of Gateway Boulevard, abutting High Ridge Road and were approved for an office, retail and townhouse development in 2002. The townhouse project (now called Canterbury) is actually on both sides of High Ridge Road, north of Gateway Boulevard and is currently under construction by Westbrooke Homes. The total acreage of the above-noted projects and designated for "Mixed Use (MU)" within Quantum Park is 94 86 acres, which is approximately 17% of the total acreage of the DR! (553.13 acres). Additionally, only two of the "Mixed Use (MU)" pods are near the fringe of the PID, abutting single-family residential. First is the Quantum Park and Village North project, which abuts a vacant tract of land to the west that is zoned single-family Second is the Parkside townhouse project, which, as stated earlier, is nearly built-out and which abuts the LWDD E-4 Canal to the west and across the canal is the Dos Lagos residential community It would appear, at the present time, the only "Mixed Use (MU)" designated parcels that may be able to take advantage of the additional 105 dwelling units would be either Quantum Park and Village South or Quantum Park and Village North, since the office and retail components of these projects has not begun construction. The subdivision master plan for either of these sites would require a formal modification and review in front of the Board and City Commission to incorporate the additional units while reducing other approved uses on the site. Based upon discussions staffhas had with Olen Development, and their recent submittal for a Master Plan Modification and Major Site Plan Modification, they would intend to amend the plans for Quantum Park and Village South to accommodate the additional dwelling units, while redesigning the office and retail components. As justification for the request for additional height, Quantum states that "An increase in height will encourage the conservation of natural amenities by accomplishing the vested development intensities in a vertical manner in contrast to the land sprawl of lower height development" During discussions with The Quantum Group of Companies, they were encouraged to review the Suburban Mixed Use (SMU) regulations to understand how the City previously addressed a similar request. As a result, Quantum proposes the following changes to the Planned Industrial Development (PID) regulations: Revise Section 7.H.14 - Maximum BuRdlng Height, as follows: Section 7.H.14 - Maximum Building Height. No building or appurtenances thereofwithin the PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.I.e.I. Renumber and revise Section 7.P l.e - Maximum Structure Height, as follows: Seeti6'1t 7.P.f.e JfailH"". Stl'uetUI'e Height. Akehs'ltietll efJfdp1H8Itt whieh eaeelwoi'.'ely serves the 8Ruettlre shall 'ltst be i"elfHied ilt Ihe 8lI1Btlls1i81f ej'height. Section 7.P.I.e.I) Maximum BuildinJ! Height. The maximum buildinJ! heiJ!ht within a Mixed Page 3 CDRV 05-006 Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code thresholds for a high-rise classification. Add two (2) new subsections, as follows: Section 7.P.J.e.]) BuildinE Heil!ht Measurement BuildinJ! heiJ!ht shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure. includinv anv architectural details. stairwells. elevator shafts. etc. Section 7.P.J.e.3) Heieht Setback Envelop. Minimum buildinv setbacks shall be based on buildinv heivhts for buildings greater than forty-five (45) feet in height. The height setback envelop is applicable where the Mixed Use development is adiacent to an existing developed sinflle-familv residential zoning district outside the PID. This minimum setback shall be three (3) times the buildinfl heivht for anv multifamilv or nonresidential structure. The setback shall be measured from the common boundary of the PID and the existinfl single-fam/lv residential zoning district or the midpoint of anv interveninJ! right-of -wav. As part of the requested code review, staff studied the Suburban Mixed Use (SMU) regulations, which allow mixed use in a vertical configuration, allow a height comparable to that being requested by the applicant, make provisions to safeguard adjacent single family residential communities, and is being utilized in the immediate vicinity in conjunction with the Renaissance Commons project. SUMMARY As a result of staff's analysis of the proposed changes submitted by the applicant and staff's review of the existing SMU regulations, staff recommends the following amendments to the PID district regulations, which vary slightly from those suggested by the applicant: Revise Section 7.H.14 - Maximum BuRding Height, as follows: Section 7.H.14 - Maximum BuUding Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height. with the exception of buildings in a Mixed Use Pod pursuant to Section 7.P.J.e. Amend Section 7.P I.e. - Maximum Structure Height, as follows. Seeti6n 7.P.f.e Jlted',UHIf StlweUlI'e Height. l.kehsnieal eljfJtip",e'ltt which sehtoi';ely fJen'e9 the st1'f:lemre shall net be inelfJtdetl in the ea!efJt1a#8n of height. Section 7.P.J.e - Maximum BuUdinfl Heil!ht The Mixed Use pods within the PID shall allow for a heiflht of fifty-five (55) feet for mixed use and residential buildinfls. Building heights between fifty-five (55) feet and the maximum of seven(y-five (75) feet shall be processed as a Conditional Use. No exceptions to the maximum height shall be allowed. Additionallv. the following regulations shall aPDlv: (1) The building height shall be measured from the lowest finish floor slab elevation of the proposed buildinv or from the minimum base flood elevation as established bv Page 4 CORV 05-006 FEMA. whichever is highest. to the peak of the structure. including anv architectural details. rooftoD equipment. stairwells. elevator shafts. etc. (2) Height Setback EnveloDe. Minimum buildinl! setbacks shall be based on building heights for buildinlls greater than forty-five (45) feet in height. The height setback envelope is applicable where the Mixed Use development is adiacent to an existing developed single-familv residential zoning district outside the PID. This minimum setback shall be three (3) times the buildin~ height for anv residential or mixed use structure. The setback shall be measured from the common boundary of the PID and the existin~ single-familv residential zoning district or the midpoint of anv intervening right-of-wav. The slight changes recommended by staff, from the language proposed by the applicant, involve: (one)- the further defining (clarifying) of height in feet, rather than in stories; (two) - the utilization of SMU language in requiring structures between 55 and 75 feet in height to be treated as a Conditional Use and denoting that height exceptions are not allowed; (three) - the addition of FEMA floodplain criteria as an additional option in determining the base of measurement for height. RECOMMENDATION Staff recommends that staff's proposed amendments to Chapter 2. Zoning of the City's Land Development Regulations, specific to height regulations within the Mixed Use pods of PID zoning districts, be approved. It is staff's opinion that the Mixed Use components of Quantum Park share many of the traits of the Suburban Mixed Use (SMU) zoning district being utilized at Renaissance Commons (former Motorola site), and similar regulations appear appropriate. 1:\SHRDATAIPLANNlNGlSHARED\WPlPROJECTS\QUANTUM pARK\M{J POD IIEIGHT CDRV.DOC ~~ QUAN .-UIv\ -iil1fr. G R 0 U P 0 F COM PAN I E S EXHIBIT A January 18, 2005 Mr Michael W Rumpf, Director City of Boynton Beach Department of Development Planning & Zoning Division 100 East Boynton Beach Boulevard Boynton Beach, FL 33425 RE. Quantum Park DR! CODE REVIEW - PID - MAXIMUM BUILDING HEIGHT Dear Me Rumpf: Pursuant to a proposed development order condition for the pending NOPC for the above referenced project we are requesting a code review, or more precisely a zoning code text change, to accommodate the intended development. Provided with this request are the following items. 1 Code Review Application Fee of $250 00, Check No 1331, made payable to The City of Boynton Beach. 2. Quantum Park PID Code Review Request Justification Statement and Discussion, dated January 2005 Please review the enclosed Justification Statement and schedule this Request for consideration at the earliest possible date by the Plannmg and Development Board and subsequently by the City Commission. Final consideration of this Request by the City Commission on or before February 15, 2005 will not adversely impact the Project development schedule. If you should have any further questions, please feel free to contact me at any trme. Sincerely, Eugene A. Gerlica, P.E. cc: Doug MacDonald David Norris, Esq. Cohen, Norris, et. aI., (w/encl) Igor Olenicofl: Olen Development, (w/encl) Steve Fike, Olen Development, (w/encl) F~\Quontum LlmltedWOPCl S CODE REVIEW BIdg HtlRMmpl-ltr-CDRV200S-1-10.doc 2500 Quantum lakes Drive. Suite 101 Boynton Beach. FL 33426 (561) 740-2447 · Fax: (561) 740-2429 e-mail: QuantgrpCqgc.cc QUANTUM PARK PID CODE REVIEW REQUEST JUSTFICATION STATEMENT AND DISCUSSION INTRODUCTION AND PURPOSE Quantum Park IS zoned Pill, It is greater than 500 acres In SIze and contains a Mixed Use POD consistmg of four (4) locatIOns. This Code ReVIew is requested to propose a zonmg text change that will allow buIldIng heights in excess of the current maximum building height of 45 feet witlnn the Mixed Use POD of Quantum Park PID This Code ReVIew request is submItted pursuant to a proposed development order condItIon of the pending DR! - NOPC1 and Master SIte Development Plan amendment currently under consideration by the CIty JUSTIFICATION STATEMENT AND DISCUSSION A maxImum building heIght greater than 45 feet WIll allow Quantum Park to optimize the stated Intent and purpose of the PID distnct as set forth In the Code. Please consIder the follOWIng. An Increased buildIng heIght WIll better satIsfy current demands for Mixed Use lands by encouragIng development wInch reflect changes in land development trends relating to the topographIc vanety of the Quantum Park SIte. An increased building heIght will encourage the conservation of natural amenItIes by accomplishing the vested development mtensities In a vertIcal manner In contrast to the land sprawl of lower heIght developments. An increased budding heIght will penmt econ01l11es In providing public . servIces. I DRI - Development of Regional Impact, NOPC - Notice of Proposed Change QUANTUM PARK. PID - CODE REVIEW REQUEST 1anuary 2005 F-\Quantum LlmltedWOPC15 CODE REVIEW Bldg HtlCODE REVIEW-Rv3.doc Page 1 of4 An Increased budding setback is proposed for buildings greater than 45 feet in height. The height setback envelope critena w1l1 elinnnate adverse impacts to existing adjacent sIngle-family zoned lands Over the years Quantum Park has evolved into a complex Mixed Use development. Please consider the followIng hIstorical perspective. In 1984, Quantum Park was envIsIoned to be an emulation of the Silicon Valley type development III CalIfornia. Quantum Park wIth over 4 0 millIon square feet of building area proposed for research and development companIes would compliment the newly constructed Motorola Plant and the ffiM campus in Boca Raton. In 2005, the Motorola Plant is gone, ffiM is gone and the development In Quantum Park includes nearly 2.0 Mil square feet of warehouse/dIstribution space, a High School, a commuter tram station, a CIty Park, a pnvate drug and alcohol rehabilItation facIlity, 1,000 residential units and a proposed police and fire statIOn. Quantum Park and the City of Boynton Beach have evolved to include these desrrable Mixed Use pockets of development complete With htgh-density reSIdential and commercial space In close proxunity The high denSity and close proxImIty are key to promote the pedestrian use of connectivIty facIlIties. Other examples of the nnxed-use developments are the manna proJect, the CRA and the Renmsance project. These mixed-use projects Include buIldmg heIghts In excess of 45 feet, some as great as 75 feet. Quantum Park may well be the most umque sIte topograplucally In Palm Beach County The water management tracts are some of the lowest ill the County at elevation 8 00, whlle the natural grades are some of the highest at elevations In excess of 40 00 The constructed fimsh floor elevations vary from elevatIon 14.50 to In excess of elevatIOn 35 00 An Increased maximum buildIng heIght, particularly at the lower elevations, is not only appropnate, but also desirable. The proposed text amendment regarding the Increased maximum building heIght will provide the Code cntena that will allow taller multifamily residential buIldIngs. The mdlvidual homes may be a sIngle floor product m contrast to the multistory residential units now existIng in Quantum Park. An additIOnal housmg product of thIS nature can be offered consuming less land area provided the maximum buIlding height is mcreased. QUANTUM PARK PID - CODE REVIEW REQUEST January 2005 F'\Quantum LimltedWOPC15 CODE REVIEW Bldg HtlCODE REVlEW-RvJ.doc Page 2 of 4 CODE SECTION REFERENCE Chapter Two of the Code of OrdInances IS the Boynton Beach Zoning Code. Section Seven (7) IS the Planned Industnal Development Distnct Code. Text amendments to the folloWIng subsections of thIS Section are proposed to address the maxImum budding height request. Section 7 .H.14 - Maximum BuIlding Height Section 7.P 1 b - DefinItIons Section 7.P 1 e - Maximum Structure Height [ThIS area left IntentIonally blank] QUANfUM PARK PID - CODE REVIEW REQUEST January 2005 F'\Quantum LtmitedWOPC15 CODE REVIEW Bldg HtlCODE REVIEW-Rv3.doc Page 3 of4 PROPOSED ZONING TEXT CHANGES ReVIse SectIon 7 .H.14 - Maximum BuIldIng HeIght, as follows Section 7.H.14 - Maximum Building Height. No building or appurtenances thereof within the PID zoning district shall exceed forty-five (45) feet in height, with the exception of buildings in a Mixed Use POD pursuant to Section 7.P.I.e.1). Renumber and revIse SectIon 7.P 1 e - Maximum Structure Height, as follows Section 7.P.I.e.1) Maximum Building Height. The maximum building height within a Mixed Use Pod shall not be greater than five (5) stories and shall be below the Florida Building Code thresholds for a high-rise classification. Two (2) new subsections are proposed, as follows Section 7.P. I. e.2). Building Height Measurement. Building height shall be measured from the lowest finish floor slab elevation of the proposed building to the peak of the structure, including any architectural details, stairwells, elevator shafts etc. Section7.P.I.e.3). Height Setback Envelop. Minimum building setbacks shall be based on building heights for buildings greater than 45 feet in height. The height setback envelope is applicable where the Mixed Use development is adjacent to an existing developed single-family residential zoning district outside the PID. This minimum setback shall be three (3) times the building height for any multifamily or nonresidential structure. The set back shall be measuredfrom the common boundary of the PID and the existing single-family residential zoning district or the midpoint of any intervening right-of-way. QUANTUM PARK PID - CODE REVIEW REQUEST January 2005 P'IQuantum UmitedWOPClS CODE REYlEW Bldg HtlCODE REVlEW.lM.doc Page 4 of4 t:^rUH 1. - \ h\~\' \\\f h ,"\\',t, , · \ \ ' J \ \ i ~~ H 'II \1 \ \\\ ., 1 1 \,!i \ U \ \ \ ,~ t ~ \ l \ \i ~ ~ \ \ \ ~ ~ --- -----....-- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ORDINANCE NO 05- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, CHAPTER 2., SECTIONS 7 H. 14 AND 7 Pie. TO ALLOW A MAXIMUM BUILDING HEIGHT EXCEEDING FORTY -FIVE FEET IN HEIGHT BUT NOT EXCEEDING SEVENTY-FIVE (75) FEET IN HEIGHT IN A PID MIXED USE POD, PROVIDING APPLICATION FOR BUILDING WITH A HEIGHT EXCEEDING FORTY-FIVE (45) FEET SHALL BE PROCESSED AS A CONDITIONAL USE, PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICA TION AND AN EFFECTIVE DATE. WHEREAS, the CIty'S PID Land Development RegulatIOns Inmt bUIldmg heIght to forty-five (45) feet; and WHEREAS, the CIty CormmssIOn has consIdered recommendatIOns from CIty staff that buildmgs m PID mIXed use PODS be permItted to a heIght of seventy-five (75) feet subject to condItional use revIew/approval, NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, THAT Section 1. Each Whereas clause set forth above IS true and correct and herem mcorporated by thIS reference. SectIOn 2. That Chapter 2 SectIOn 7 H. 14 of the LDR IS hereby amended by as follows 14 Maxnnum Building HeIght. No bUIldmg or appurtenances thereof withm the PID ZOnIng dlstnct shall exceed forty-five (45) feet m heIght, WIth the exceptIOn o[bUIldmgs m a MIxed Use POD pursuant to SectIOn 7.P.l.e.1. Section 7.P .1.e MaXlml:lm Structure Height. MeeRaFlleal eql:llpmeFlt v,'RleR exclUSively serves the structl:lre sRall not be meluded m the caloulatlOn ofhetgRt. e.l MaXImum BUIldmg Height. The maXimum bUIldmg heIght wlthm a MIxed Use Pod shall not be greater than five (5) stones and shall be below the Flonda BUIldmg Code thresholds [Dr a hIgh nse classificatIOn.75 feet. Anv bUlldmg exceedmg 45 feet 111 heIght shall be processed as a conditIOnal use. C.\Documents and Settin~s\greeneq.ClTY\Local Settings\Temoorarv Internet Files\OLK I E\Ouantum Park Height.doc~:'.C.\\DraiRaRees'.PlaRRiRg'.CeRElitieRal Use :\lfieRalfieRt M I Q111 Q).aee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Section 3. That Chapter 2 SectIOn 7 PIe of the LDR IS hereby amended by creatmg new sections as follows e.2. BUlldmg HeIght Measurement. BUIldmg heIght shall be measured from the lowest fimsh floor slab elevatIOn of the proposed bUlldmg to the peak of the structure, mcludmg any archItectural detaIls, stairwells, elevator shafts, etc. e.3. HeIght Setback Envelop. MmImum bUlldmg setbacks shall be based on bUIldmg heIghts for bUIldmgs greater than forty-five (45) feet m heIght. The heIght setback envelop IS applIcable where the MIxed Use development IS adJacent to an eXIstmg developed smgle-famIly resIdential zonmg dIstnct outsIde the PID. ThIS mImmum setback shall be three (3) times the bUIldmg heIght for any multIfamIly or nonreSIdentIal structure. The setback shall be measured from the common boundary of the PID and the eXIstmg smgle- famIly resIdential zonmg dIstnct of the mIdpomt of any mtervenmg nght-of- way. SectIon 4. Each and every other prOVlSlon of Chapter 2, Section 7 of the Land Development RegulatIOns, not herem specIfically amended shall remam m full force and effect as prevIously enacted. SectIon 5. All ordmances or parts of ordmances m conflIct herewith be and the same are hereby repealed. SectIOn 6. Should any sectIon or proVISIon of thIS ordmance or portIOn hereof, any paragraph, sentence or word be declared by a court of competent JunsdIctIOn to be InvalId, such deCISIon shall not affect the remamder OfthIS ordmance SectIOn 7. Section 8. Authonty IS hereby granted to COdIfy Said ordmance. ThIS ordmance shall become effectIve lITllnedIately upon passage FIRST READING thIS _ day of 2005 SECOND, FINAL READING AND PASSAGE thIS day of 2005 CITY OF BOYNTON BEACH, FLORIDA Mayor VICe Mayor CommiSSIOner C.\Documents and Settings\greeneq.C1TY\Local Settings\Temporarv Internet Files\OLKIE\Ouantum Park Hei~ht.docS:\CA\Of8iRBRees\PlttARiRg\C9R8itieRBI Use f.ffieR8ffieRt M I IH 1195.896 -' 1 2 3 4 5 6 7 8 9 10 11 12 ATTEST COlmmSSlOner CIty Clerk ConumSSlOner (CORPORATE SEAL) C:\Documents and Settings\greeneq.CITY\Local Settings\Temoorarv Internet Files\OLKIE\Ouantum Park Height.docS:'.C.'\\OraiR8Rees\PlaRRiRg\CeRaitieR81 Use f.meR8mi!Rt M I 9411 g).Elee .. Development staff response to issues related to Code Review CORY 05-006 April 5, 2005 1. Definition of five-story building -- without a companion height limitation, how high theoretically can the building be? There is nothing in the staff report to indicate how high a five-story building would be. Assuming a 12' ceiling height, a five-story building, exclusive of elevator and AC equipment would be 60 feet. Per the SMU code, the maximum building height by right is 55 feet. The petitioner in this instance has requested authorization of "five-story buildings" as opposed to the underlying PID allowance of buildings having a maximum height of 45 feet. Further, the SMU code as referenced in the staff report does allow for increased height of buildings in the SMU district between 55 feet and 75 feet subject to special review and setback regulations. In summary, I am concerned that the petitioner's request for authorization of a five-story building lacks specificity and will result in interpretive problems for the staff and Commission. The building height should be expressed in feet not stories. That said the visual impact of five-story buildings along Gateway must be addressed by staff. This was not done in the staff report. The Staff Report Summary recommends revising Section 7 P 1 e of the Planned Industrial District (PID) regulations to read as follows Section 7.P. t.e - Maximum Buildina Heiaht. The Mixed Use oods within the PID shall allow for a heiaht of fiftv-five (55) feet for mixed use and residential buildinas. Buildina heiahts between fiftv-five (55) feet and a maximum of seventv-five (75) feet shall be orocessed as a Conditional Use. No exceotions to the maximum heiaht shall be allowed. Staff does not consider the 10 foot difference, between the currently allowed 45 foot height to the midpoint of a pitched roof with the possibility of being granted an undetermined height exception and the maximum 55 foot height to the top of a roof with no exceptions, to be significant. The 75-foot height limit can only be achieved by going through the conditional use process. As a result staff does not consider the visual impact along Gateway to differ significantly from what can be built now 2. What does "shall fall below the Florida Building Code thresholds for a high-rise classification" mean? This is not explained in the staff report. If this is an exception to any fire code provisions, the FD may have objections to the proposed language. Will the new high-rise regulations to our fire code apply to the PID? The staff report needs to address this matter This statement should more correctly reference Ordinance No 04-005 which amended Chapter 9, Article 2 of the City Code concerning Fire Protection and Prevention, which defines "High Rise" as six stories or 75 feet. 3 The staff report recommends deploying the set-back provisions of the SMU in the Quantum PID - however, as noted above, this may be a moot point as there is no contiguous single family property for vacant lots, I believe. The only area which I saw adjacent to single-family is the MU lots 23-31, which have been developed. As land use policy, the provisions of the SMU Code per Ordinance 04-011 are clear as to the intent that the SMU designation is a special case with limitations The only existina single family is Dos Lagos adjacent to lots 23 -31 However, it is possible that future single-family adjacencies could occur at parcels 83, 87 and 88 The recommendation by staff is based on a vision for the future, which would allow intensification, by height based on subsequent and required NOPC applications and/or substantial deviations to the DRI To add additional units or square footage above the current threshold of the DRI, formal applications would be required and reviewed accordingly Rather than creating a new system, based on the similarities in location and use with the SMU, the general components of the SMU were applied 4. I did not see any language that would seek to evaluate the SMU provisions for usable open space at the Quantum PID Your staff needs to address whether such requirements are appropriate or beneficial to the MU area of Quantum PID. This is an important and integral element of balancing increased height and density How would and should the SMU Building and Site Regulations apply to the Quantum Site? I ask this because it appears that the staff report only addressed setback requirements associated with higher buildings. The Quantum Park PID has it's own open space requirements which it had originally met, including setting aside 40 acres of preserve, a 25' and 40' foot perimeter buffer, right-of-way plantings, and multiple retention ponds with littoral plantings The subject and preceding NOPC amendments have not represented intensifications of the DRI/Master Plan, but a shifting of uses under the maximum thresholds The additional height allowed should not be viewed as an intensification but as a vertical use of capacity Therefore, this should not necessarily be viewed as the opportunity to apply more restrictions disproportional to the request. 5. What is the basis for the developer's desire to increase the DU's by 105 units? What is the hardship imposed that would allow such an increase in density? The only item I could see in the developer's presentation package is that the topography of the area is low (See page 2 of 4 of the Developer's justification statement.) With this proposal, what will be the final number and distribution of residential units in the area depicted as Exhibit B to the staff report? What is the density for the proposal? The question as to the basis for the developer's desire to increase DU's by 105 units would appear to be academic in light of the City Commission's Approval of Ordinance No 05-013 on February, 152005, which approved the NOPC allowing the additional 105 dwelling units The DRI application does not state any hardship, nor is the applicant required to provide that type of justification. From day one, when residential units were initially allowed into the PID via the prerequisite amendments, residential units have been allowed consistent with the Comprehensive Plan subject only to a FAR and not a density limit. .1 6. What impact will this petition have, if granted, on the Mixed Use designated parcels in the Quantum PID? Based on what has been constructed and what is vacant in these areas, what can we expect? Also, could the commercial/office area on the north side of Gateway (Lots 83-88) be converted to residential, or has the development of these parcels been assured as non-residential? More residential development on Lots 83-88 could occur but would likely trigger a formal process to amend the master site plan for that mixed-use pod A certain level of additional units, if vertical or well integrated would be generally supported by staff Ir.,l~\_"""'..I"r/ \((/ ~I \-, \'" :)(9- CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meetinl! Dates in to City Clerk's Office ~ April 5,2005 March 14,2005 (Noon.) 0 June 7 2005 May 16, 2005 (Noon) r j April 19, 2005 April4 2005 (Noon) 0 June 21,2005 June 6, 2005 (Noon) 0 May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon) 0 May 17 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon) 0 Administrative 0 Development Plans NATURE OF ~ Consent Agenda 0 New Business AGENDA ITEM Public Hearing Legal I 0 Bids 0 Unfinished Business 0 Announcement 0 Presentation 0 City Manager's Report RECOMMENDATION Please place this request on the April 5, 2005 City Commission Agenda under Consent Agenda The Planning and Development Board recommended that staff's re\;onnnendal1uns regarding the subject ~t:quest be approved on March 22,2005 For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-040 EXPLANATION PROJECf AGENT OWNER. LOCATION DESCRIPTION Quantum Park MU Height (CDR' Eugene Gerlica, P.E., Quantum GrOl Quantum Group of Companies Quantum Park PID Request amendment to the Land De, building height from 45 feet to 5 sto Industrial District (PID) regulations. PROGRAM IMPACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A Lil ~l O~ ~~~ Cdj ~/ ~ ~/~ ~~ ~ c-r;~-i ~~ r~r~ City Manager's Signature ~ Planning and Zoning D' ctor City Attorney I Finance I Human Resources S:\Planning\SHARED\WP\SPECPROJ\C REVIEW\CDRV 05-006 QP MU Height\Agenda Item Request Quantum Pk MU Height CDRY 05-006 4- 19-Q5.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC MINUTES OF THE REGULAR MEETING OF THE PLANNING &. DEVELOPMENT BOARD HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA, ON TUESDAY, MARCH 22, 2005 AT 6.30P.M. Present: Lee Wische, Chairman Sergio Casaine, Vice Chair William Cwynar Woodrow Hay Shirley Jaskiewicz Roger G Saberson Gerald Broening, non-voting Alternate Mike Fitzpatrick, Alternate Ed Breese, Principal Planner Eric Johnson, Planner Absent: Absent: Jose Rodriguez David Tolces, Assistant City Attorney 1 Call to Order and Pledge of Allegiance Chairman Wische called the meeting to order at 6 32 P m and the Pledge of Allegiance to the Flag was recited Chairman Wische announced that David Tolces, Assistant City Attorney was absent. 2. Introduction of Board Chairman Wische decided to proceed without introduction of the Board 3. Agenda Approval Motion Mr Hay moved that one more board member was needed and Mr Wische stated that Gerald Broening, non-voting Alternate would become a regular until the regular arrives. Motion seconded by Mr Saberson and unanimously carried Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 4. Approval of Minutes Motion Mr Hay moved to approve the minutes. Motion seconded by Mr Saberson and unanimously carried Mr Saberson administered the oath to all persons who would be testifying 5. Communications and Announcements A. Planning and Zoning Report 1 Final disposition of the February 22, 2005 Planning and Development Board meeting Agenda items. Ed Breese, Principal Planner, reported on the actions taken by the City Commission at their meeting on March 1, 2005 of the Board He stated the following items were approved . The Neptune Commerce Center request for New Site Plan for a 16,482 square foot industrial building on a 0 969-acre parcel in a M-1 zoning district. . Verizon Wireless at Boynton Space Plus request for conditional use to allow construction of a 135-foot high telecommunication tower on a 2,000 square foot leased parcel on the site of the Boynton Space Plus Storage Center . Live/Work Code Review in SMU Request for an amendment to the Land Development Regulations, Chapter 2 Zoning, Section 6 H Suburban Mixed Use zoning district to allow Live/Work units as a permissible use. . Boynton Beach Mall NOPC #5 Request for Master Plan Modification approval for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi- screen movie theatre with 3,650 seats. . Boynton Beach Mall NOPC #5 Request for Development of Regional Impact Amendment for the conversion of 90,010 square feet of existing leasable retail space to a 79,500 square foot multi-screen movie theatre with 3,650 seats. 6. Old Business: None 2 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Description Request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Chairman Wische stated that there was only one staff comment and Mr Marsicano agreed with the staff comment. Chairman Wische opened the public hearing Since no one wished to speakl the public hearing was closed Motion Ms. Jaskiewicz moved to approve the request for Height Exception approval of 19 feet-six (6) inches to allow decorative rooftop statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed in the C-3 zoning district. Mr Hay seconded the motion that passed unanimously D Code Review 1 Project: Agent: Owner Location Description Quantum Park MU Height (CDRV 05-006) Eugene Gerlical PE.l Quantum Group of Companies Quantum Group of Companies Quantum Park PID Request amendment to the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mined Use (MU) PODs of the Planned Industrial District (PID) regulations. Chairman Wische stated that Staff approved it with slight recommendations to the Planned Industrial District regulations. David Norris, 712 US Highway 11 attorney for the applicantl assumed the podium and stated that they accept the staff recommendations. Ed Bressel Principal Planner stated that the City Manager requested that Staff recommend that the item be tabled so he can have more time to review the information submitted Chairman Wische stated it was not on the agenda to tablel and he was only interested in whether the request was approved 7 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Mr Saberson moved to table the request for one month until the next Planning and Development meeting Ms. Jaskiewicz seconded the motion Chairman Wische objected to tabling and stated the item was already held back from the February meeting Mr Breese informed the Board that the City Manager had been ill and has not had a lot to time to spend on those types of Items. Vice Chair Casaine stated he did not believe that enough reason had been presented to table the item He stated that motions must be presented in an order, and you have to give the opportunity for it to be presented to the public and the Board for discussion before a motion can be presented Mr Hay stated that based on the City Manager's illness he felt the City Manager should have the opportunity to review the item Mr Nora pointed out that the item was originally part of the request for NOPC #15, and staff requested them to remove it from that request so that they would have more time to review They gave staff the additional month and a half to review the item, which Staff gave their recommendation that they agree with He did not think it was fair for them to ask for more time at the last minute He stated that it is a big project and every request is time sensitive Mr Broening pointed out that after the Board makes its recommendations that the item then goes to the City Commission for approval, which will provide sufficient time for any further review that may be necessary Mr Breese pointed out that Mr Nora stated Staff asked them to remove the item from the NOPC #15 to give them more time to review, and that was not a factual statement. He stated that it is not a part of the NOPC and is not something that is reviewed by the State. He stated that they did ask him to remove the item because it would not be appropriate to deal with it within an NOPC and suggested they move it to tonight's meeting Vote The motion failed 2-5 (Chairman Wische, Vice Chair Casaine, Mr Cwynar, Mr Hay, Mr Broening dissenting) 8 Meeting Minutes Planning and Development Board Meeting Boynton Beach, Florida March 22, 2005 Motion Vice Chair Sergio moved that the request to amend the Land Development Regulations to increase the allowable building height from 45 feet to 5 stories in Mixed Use (MU) PODs of the Planned Industrial District (PID) request and following staff's recommendations be approved Motion seconded by Mr Cwynar Vote The motion carried 5-2 (Mr Saberson and Ms Jaskiewicz dissenting) 8. Other None 9 Comments by members Mr Hay inquired if it was okay for them to have the meeting without an Attorney present. Mr Breese responded that Staff was told that it would not be a problem running the meeting without the Attorney present. Mr Fitzpatrick, Alternate, inquired from Staff about a list of questions he had given out to Staff two months ago and has not had any reply Mr Breese stated that he was not sure what those requests were, that they were not directed to him, but he will find out. 10. Adjournment There being no further business, the meeting properly adjourned at 7 19p m Respectfully submitted, Catherine Wharton Recording Secretary (March 24, 2005) 9