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REVIEW COMMENTS 6.A.l DEFINITION OF HEIGHT/HEIGHT EXCEPTION CODE REVIEW DEPARTMENT OF DEVELOPMENT MEMORANDUM NO PZ 02-015 FROM Chairman and Members Planning and Development Board , >((;..C Michael Rumpf Planning and Zoning Director Lusia Galav, AICP ~l~ Principal Planner CJl5 January 16, 2002 TO THROUGH DATE, SUBJECT First Baptist Church - Height CDRV 01-005 Addendum to Staff Report ADDENDUM This report is the addendum to the Department of Development Memorandum No PZ 01-274 to the Planning and Development Board dated December 13, 2001 Updated information is provided regarding the above referenced project. At the December 26, 2001 meeting the Board voted (4-3) to approve the two code amendments regarding building height. Upon further review by planning and legal staff, substitute language is proposed regarding the height exception portion of the code review The term "places of assembly" replaces the originally proposed "church height" in the height exception list. This language is being brought before the Board for a recommendation, It will proceed to the CRA Board then to the City Commission for final approval The substitute language is proposed below Amend Chapter 2 - Zoning Section 4, F 2 As follows "Water, cooling and fire towers, radio and television towers of commercial nature, church spires, places of assemblv, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be erected within a structure or on top of a structure, above the district height limitations provided herein, after obtaining approval of the city commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below.' In conjunction with this revision, "Places of Assembly" will be added to Chapter 1, Article II - Definitions as follows Places of Assembly - Buildings and facilities on a lot or parcel of land specifically designed for assembly which may include churches. temples. and other places of worship; theatres, auditoriums. conference centers. clubs, lodges. and fraternal oraanizations." Attached is a copy of Chapter 2, Section 4, F, Height Limitations and Exceptions Please note the procedure for granting an exception and the criteria that must be addressed before the City Commission grants approval of the request. Attached is the original staff report, Memorandum No PZ 01-274, containing documentation for the first code revision proposal to change the definition of Building Height. No change is being made to that request. Staff continues to recommend approval of both proposed code revisions 2 4 Boynton Beach Code where the buildmg is to be located, provided, however: 1, All accessory buildings shall be located only in the side or rear yard at least twelve (12) feet from the principal building; and 2, Detached storage structures of any type construction not exceeding one hundred (100) square feet in floor area and seven (7) feet in height may be erected to a point at least three (3) feet from the side property line and/or at least three (3) feet from the rear property line providing no easement rights are abridged, C BUILDING FRONTAGE. Every principal building shall be located on a lot or a publicly dedicated, accepted and maintained street or private street which conforms to accepted street standards of this city. D THROUGH LOTS (DOUBLE FRONTAGE). On through lots, the required front yard shall be provided on each street. E. VISUAL OBSTRUCTIONS, No fence, sign, planting, hedge, shrubbery, wall or other visual obstruction shall be created or maintained with a height greater than two feet six inches above the street level, within twenty-five (25) feet of the intersection of the right-of-way lines of two (2) streets, in any zone, except that open chain-link type fences may be a maximum of four (4) feet and kept visually clear F. HEIGHT LIMITATIONS AND EXCEPTIONS 1. No portion of any structure intended to be utilized for residential, conunercial or industrial purposes within the municipal limits of the City of Boynton Beach, Florida, shall exceed the height of forty-five (45) feet above the final grade level of such structure, except as noted below. 2, Water, cooling and fire towers, radio and television towers of conunercial nature, church spires, domes, cupolas, flagpoles, electrical and mechanical support systems, and similar structures, and their necessary mechanical appurtenances may be 1997 S-5 erected within a structure or on top of the structure, above the district height limitations provided herein, after obtaining approval of the City Commission based on their consideration of the standards for evaluating exceptions to district height regulations set forth in paragraph 3 below. /" 3, In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to the following standards, where applicable: a. Whether the height exception will have an adverse effect on the existing and proposed land uses. b. Whether the height exception is necessary. c, Whether the height exception will severely reduce light and air in adjacent areas. d. Whether the height exception will be a deterrent to the improvement or development of adjacent property in accord with existing regulations. e. Whether the height exception will adversely affect property values in adjacent areas. f. Whether the height exception will adversely influence living conditions in the neighborhood. g. Whether the height exception will constitute a grant of a special privilege to an individual owner as contrasted with the public welfare. h, Whether sufficient evidence has been presented to justify the need for a height exception. i. The City Commission may, in connection with processing of application for exception hereunder, refer same to the planning and development board for reconunendation. 4. In residential zones, freestanding television and citizens' band broadcasting antennae f \ 4 In residential zones, freestanding television and citizens' band broadcasting antennae may not exceed twenty-five (25) feet in height, and no freestanding antenna may be constructed within the building setback lines. Roof-mounted or wall- supported antennae may exceed the maximum district height regulation by ten (10) feet; but in no instance, may an antennae exceed the roof line height by more than fifteen (15) feet. a, With respect to private community antenna systems as defmed in this code, the aforesaid twenty-five (25) feet height regulation shall not apply. In the instance of private community antenna systems, a receiving antenna may not exceed forty-five (45) feet in height unless an exception is granted by the City Commission, and no part of any receiving antenna may encroach in any setback, 5. In residential zones, freestanding transmitting antennae are subject to the following limitations, a, No freestanding base tower and antenna shall exceed forty-five (45) feet in height. b No freestanding base tower with or without an antenna shall be constructed within the building setback lines c. No freestanding base tower shall be constructed without having first secured a permit from the city development director. Roof-mounted transmitting antennae shall not exceed the roof line height by more than twenty (20) feet. 6, An application fee shall be payable to the city as adopted by resolution of the City Commission. 7. Notwithstanding any other provision of the Land Development Regulations, including the provisions of this section, telecommunication towers shall only be permitted as a conditional use in the PU Public Usage District and REC Recreation District. 2000 S-14 Zoning 5 G, CUL-DE-SAC. The allowed frontage of a lot when shaped by a cul-de-sac or the frontage of any other irregular shaped lot, shall be measured at the setback or building line, and shall be not less than seventy-five percent (75 %) of the required lot frontage in the applicable zoning district. H. TEMPORARY BUILDINGS. Temporary buildings such as models, offices and tool sheds used in conjunction with construction work only, may be permitted in any district after approval of the building inspection department and the removal of which is accomplished within thirty (30) days after construction ceases or is completed. 1. PUBLIC BUILDINGS All buildings and properties city owned and operated and engaged in the performance of a public function may be permitted in any district as defined herein, J. OTHER STRUCTURES, To further clarify the definition of structure as applied to all districts and boundaries, the following shall apply except that corner lots shall be regulated by other parts of this ordinance. The following structures shall be permitted in front, rear or side setbacks as provided in this ordinance, in any zone, except where so noted; taking into consideration existing easements 1. Fences, hedges and walls shall not exceed six (6) feet in height, above finished grade, in residential zones, except that from the building line to the front line the maximum height shall be four (4) feet. In Multi-family zones, the maximum height within the front yard setback shall be six (6) feet (chain link fences shall be used only in combination with hedge that shall be maintained at height offence). Hedges situated adjacent to golf courses, golf dnving ranges, interstate highways or parcels supporting railroad tracks shall not exceed ten (10) feet in height, above fmished grade, When walls or fences are constructed as a part of a subdivision or site plan approval adjacent to a public right-of-way, consistent with this section, a setback of a minimum of eighteen (18) inches must be maintained for landscaping purposes, DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-274 TO: Chairman and Members Planning and Development Board (Y/~L MIchael W. Rumpf DIrector of Planning and Zomng Lusia Galav, AICP Dt Pnncipal Planner ~ December 13, 200l THROUGH: FROM: DATE: SUBJECT: CODE REVIEW CDRV 01-005 l) Definition of Building Height 2) Height ExceptIOn - Church Building Height NATURE OF REOUEST Mr. Bradley Miller, AICP, of MIller Land Consultants, Inc. representmg the First Baptist Church of Boynton Beach is requesting a code review regardmg changing the definition of building height and allowing a height exception for church height. The request was presented as follows: . Amend Chapter l- General ProvIsions, Article II - Definitions as follows: "Building Height means the vertical distance in feet from finished grade to the highest point of the roof for flat roofs: to the deck line for mansard roofs: and to the average height between eaves and the ridge of l?able. hip and gambrel roofs. measured from the grade." . Amend Chapter 2- Zoning, Section 4, F. 2. as follows' "Water, cooling and fire towers, radIO and television towers of commercial nature, church spires and church height, domes, cupolas, flagpoles, electrical and mechanical support systems, and simIlar structures, and their necessary mechanical appurtenances may be erected WIthin a structure or on top of a structure, above the dIstrict height limitations provided herem, after obtaining approval of the CIty commission based on their conSIderatIOn of the standards for evaluating exceptIOns to distnct height regulations set forth in paragraph 3 below." Page 2 Buildmg HeIght - CDR V 01-003 Memorandum No PZ 01-171 BACKGROUND In conjunction with this code review, the applicant has submitted a site plan application, The site plan proposal is for the expansIOn of the First Baptist church at the northwest comer of Boynton Beach Boulevard and Seacrest Boulevard. The church mtends to buIld a new 600-seat sanctuary. The new sanctuary will have a mean height (between eave and peak) of 44 feet. A structural component known as "the fly" is 52 feet high, The church steeple will reach a maximum height of 72 feet. The First Baptlst Church property is located in C-3 and R-l-A zoning districts. The new bUIlding will be located in the C-3 zoned portion of the site allowmg a maXimum height of 45 feet. This request for code review regarding height affects development citywide. There are two advisory boards providing recommendatIOns to the CommissIOn regarding development in the City of Boynton Beach. The Planning and Development Board and the Community Redevelopment Agency will both review thIS request. ANALYSIS Definition of Building Height The current definition ofbuildmg height is as follows: BUILDING HEIGHT - The vertical distance between a point on the minimum finished floor as required by the building code, or that prevailing minimum elevation established by FEMA and other agencies, such as the South Florida Water Management District, and the apex of the highest roof. The city's definition of building height has been questioned by several applIcants/developers in the past. The complaint is that the measurement of height to the peak of roof is far too restrictive asserting that the type or style of roof should be taken into consideration. Staff reviewed the defimtIOn of building height used by three municipalities: City of Delray Beach, City of West Palm Beach and City of Pompano Beach and for Palm Beach County. All four definitions use finished grade as the starting point but they all differentiate between roof style to determine the highest pomt of measurement. Table 1, provides the text for these definitions. The text of the definition as proposed by the applIcant is identical to the Palm Beach County version. Staff is amenable to amendmg the definition of building height to accommodate differences in roof type, The research verifies that this is a more practical approach and accepted standard practice. Page 3 Buildmg HeIght - CDRV 01-003 Memorandum No PZ 01-171 TABLE 1 Definitions of Building Height Jurisdiction Definition The vertIcal dIstance from grade to the hIghest fimshed roof surface of a flat roof or to the mean level between eaves and rIdge for gable, hIp, or gambrel roofs, The vertIcal dIstance from the mean grade of a lot at the frontage of the buildmg to the hIghest pomt of the top of structure of a flat roof, or to the deck lme of a mansard roof, or to the mId-heIght level between eaves and rIdge for gable, hIp and gambrel roofs. The vertIcal dIstance measured from the average elevatIOn of the proposed fimshed grade at the front of the buildmg, to the hIghest pomt of the roof for flat roofs; to the deck lme of mansard roofs; and to the mean heIght between eaves and rIdge for gable, hIp and gambrel roofs. However, the permIssible buildmg dImensIOn shall be decreased or mcreased one foot for each foot or fractIOn thereof m excess of five feet that the average elevatIon of the proposed fimshed grade IS hIgher or lower respectIvely, than the curb level of the establIshed grade of the street upon which the proposed buildmg fronts, The vertIcal dIstance m feet from fimshed grade to the hIghest pomt of roof for flat roofs, to the deck lme for mansard roofs; and to the average heIght between eaves and the rIdge for gable, hIp and gambrel roofs, measured from the grade. CIty of Delray Beach CIty of West Palm Beach CIty of Pompano Beach Palm Beach County Church Height The current regulatIOns for height limitations and exceptIOns include church spires m the list of items considered for an exception. There IS an application procedure and list of criteria that must be considered in order for the City Commission to grant a heIght exception. Applications are reviewed on a case by case basis in determining the appropriateness of allowmg additional height beyond the district regulations. In the case of the First Baptist Church, the proposed expansion will include an application for a height exception for the 72-foot church spire feature. The building design also includes provisions for a "fly" or space over a theater stage where scenery and equipment can be hung. To accommodate the fly a portion of the roof must be designed at a height of 57 feet. This prompted .Page 4 Buddmg HeIght - CDRV 01-003 Memorandum No PZ 01-171 the request for "church heIght" to be added to the lIst of Items WhIch may be considered for a heIght exception. When reVIewing the code, staff must not only consIder the CIrcumstances of the specIfic request but how a change m the code WIll affect development throughout the city. Churches are umque structures havmg archItectural features specIfic to that type of use, namely to worshIp. These archItectural features can be symbolic or specIfic to the type of actlvItles going on in the building, like dramatlc or musical presentatIOns and pageants. Churches are a permItted use m all resIdentlal and commercIal zomng distncts m the City of Boynton Beach. One of the purposes of heIght controls IS to encourage development that IS harmonious in scale and compatible wIth eXIstmg development. The heIght exceptIOn review process outlined in Chapter 2, SectIOn 4, F.3. provides eight (8) criteria that must be satisfactorily addressed before approval IS consIdered. As written, these criteria proVIde a reasonable basis with WhICh to reVIew church heIghts on a case by case basIs for neceSSIty and neighborhood compatibIlIty RECOMMENDATION Based on the previous analYSIS, staff supports both code review requests submitted by the applIcant. Staff recommends that the CIty of Boynton Beach Land Development Regulations be amended as requested. It should be noted that staff support of this code amendment does not represent automatic support of the proposed sIte plan as submitted. The site plan and height exception for the First Baptist Church WIll be consIdered for approval as separate applIcatIOns at a later date. 19 Exhibits S:\PLANNING\SHARED\WP\PROJECTS\FIRST BAPTIST CHURCH OF BB\CDRV OI-005\CDRV Ol-005.STAFF REPORT.DOC ROOF TYPES ga.bla "ga-b,,!\ n [ME, fr MF, of Gmc origin; akin to ON gafl gable - more at CEPHALIC] 1 a the vertical triangular 1 end of a building from cornice or eaves to ridge b the similar end of a gam- brel roof c' the end wall of a building 2 : a triangular furniture or building part ga.bled \-b"ld\ ad}: built with a gable gable roof n a double-sloping roof that forms a gable at each end 1. gables 1 a gam-brei -rOOf -,; :"~";;~rb roof of the same section in all parts with a lower steeper slope and an upper f1atte~ ?ne Q'=.~:ti~.. .,-", . I _. , ~ '_ _I_c ...---::- gambrel roof man.sard \'man~.sard\ n [F man- sarde. fr. Fran~ois Mansan tl666 F architect] : a roof having two slopes on all sides with the lower slope steepcr than the upper one - man- sard.ed \-:><1) ,ariJ .. ._ mansard roof 7.E.l DEFINITION OF HEIGHT/HEIGHT EXCEPTION CODE REVIEW DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 01-274 DATE: Chairman and Members Planmng and Development Board (l1 (.l,t:._- MIchael W, Rumpf Director ofPlanmng and Zoning Lusia Galav, AICP Dt PnncIpal Planner cY) December 13, 200l TO: THROUGH: FROM: SUBJECT: CODE REVIEW CDRV Ol-005 l) DefimtIon of Buildmg HeIght 2) Height ExceptIOn - Church Buildmg Height NATURE OF REOUEST Mr. Bradley Miller, AICP, of Miller Land Consultants, Inc. representing the First BaptIst Church of Boynton Beach is requesting a code reVIew regardmg changing the definition of buildmg height and allowing a height exceptIon for church heIght. The request was presented as follows: . Amend Chapter l- General PrOVISIOns, ArtIcle II - DefimtIOns as follows: "Building Height means the vertIcal dIstance m feet from fimshed grade to the hIghest pomt of the roof for flat roofs: to the deck hne for mansard roofs: and to the average heIght between eaves and the ndge of gable. hIp and gambrel roofs. measured from the grade." . Amend Chapter 2- Zonmg, SectIOn 4, F. 2. as follows: "Water, coohng and fire towers, radIO and televiSIOn towers of commercIal nature, church spires and church height, domes, cupolas, flagpoles, electrical and mechamcal support systems, and simIlar structures, and theIr necessary mechanical appurtenances may be erected wIthm a structure or on top of a structure, above the distnct height limItatIOns proVIded herem, after obtainmg approval of the city commiSSIOn based on theIr consideratIOn of the standards for evaluating exceptions to distnct height regulatIOns set forth m paragraph 3 below." Page 2 Buildmg Helght- CDRV 01-003 Memorandum No PZ 01-171 BACKGROUND In conjunctIon with this code review, the apphcant has submItted a site plan applicatIOn, The site plan proposal IS for the expansion of the FIrst BaptIst church at the northwest comer of Boynton Beach Boulevard and Seacrest Boulevard. The church intends to buIld a new 600-seat sanctuary. The new sanctuary wIll have a mean height (between eave and peak) of 44 feet. A structural component known as "the fly" IS 52 feet hIgh, The church steeple will reach a maximum heIght of 72 feet. The FIrst BaptIst Church property IS located m C-3 and R-l-A zoning districts, The new buildmg WIll be located in the C-3 zoned portion of the site allowmg a maximum heIght of 45 feet. This request for code reVIew regarding heIght affects development citywide. There are two advisory boards provIdmg recommendatIOns to the CommIsSIon regardmg development in the CIty of Boynton Beach. The Planning and Development Board and the Commumty Redevelopment Agency WIll both review this request. ANALYSIS DefimtIOn of BUIlding Height The current defimtIOn of bUIlding height IS as follows: BUILDING HEIGHT - The vertical distance between a point on the mmimum finished floor as reqUIred by the bUIlding code, or that prevmlmg mmImum elevatIon estabhshed by FEMA and other agenCIeS, such as the South Florida Water Management DIStrict, and the apex of the hIghest roof. The city's definition of bUIlding heIght has been questIOned by several apphcants/developers in the past. The complamt IS that the measurement of heIght to the peak of roof is far too restnctive asserting that the type or style of roof should be taken mto consideration, Staff reVIewed the defimtion of bUIlding heIght used by three mumcipahtIes: CIty of Delray Beach, City of West Palm Beach and CIty of Pompano Beach and for Palm Beach County, All four defimtIOns use finished grade as the starting point but they all dIfferentiate between roof style to determine the hIghest pomt of measurement. Table 1, prOVIdes the text for these definitions. The text of the definitIOn as proposed by the apphcant is IdentIcal to the Palm Beach County verSIOn. Staff IS amenable to amending the defimtIOn of bUIlding height to accommodate differences m roof type. The research verifies that thIS is a more practIcal approach and accepted standard practIce. Page 3 Buildmg HeIght - CDRV 01-003 Memorandum No PZ 01-171 TABLE 1 Definitions of Building Height Jurisdiction Definition The vertIcal dIstance from grade to the hIghest fimshed roof surface of a flat roof or to the mean level between eaves and ndge for gable, hIp, or gambrel roofs. The vertIcal dIstance from the mean grade of a lot at the frontage of the buildmg to the hIghest pomt of the top of structure of a flat roof, or to the deck lIne of a mansard roof, or to the mId-heIght level between eaves and ndge for gable, hIp and gambrel roofs. The vertIcal dIstance measured from the average elevatIOn of the proposed fimshed grade at the front of the buildmg, to the hIghest pomt of the roof for flat roofs, to the deck lme of mansard roofs, and to the mean heIght between eaves and ndge for gable, hIp and gambrel roofs. However, the penmssible buildmg dImenSIOn shall be decreased or mcreased one foot for each foot or fractIon thereof m excess of five feet that the average elevatIOn of the proposed fimshed grade IS hIgher or lower respectIvely, than the curb level of the establIshed grade of the street upon WhICh the proposed buildmg fronts. The vertIcal dIstance m feet from fimshed grade to the hIghest pomt of roof for flat roofs; to the deck lIne for mansard roofs, and to the average heIght between eaves and the ndge for gable, hIp and gambrel roofs, measured from the grade CIty of Delray Beach CIty of West Palm Beach CIty of Pompano Beach Palm Beach County Church Height The current regulations for height limItations and exceptions mclude church spIres in the list of Items consIdered for an exceptIOn, There is an applIcation procedure and lIst of cnteria that must be consIdered in order for the City CommIssIOn to grant a height exceptIon. ApplicatIOns are reviewed on a case by case basis in determmmg the appropriateness of allowing addItional height beyond the dIstnct regulations. In the case of the FIrst BaptIst Church, the proposed expansion WIll mclude an applIcatIOn for a heIght exceptIOn for the 72-foot church spIre feature. The bUIlding deSIgn also includes prOVIsions for a "fly" or space over a theater stage where scenery and eqUIpment can be hung. To accommodate the fly a portIOn of the roof must be designed at a height of 57 feet. ThIS prompted Page 4 Bui1dmg HeIght - CDR V 01-003 Memorandum No PZ 01-171 the request for "church heIght" to be added to the lIst of Items whIch may be consIdered for a heIght exception. When revlewmg the code, staff must not only consIder the CIrcumstances of the specIfic request but how a change m the code will affect development throughout the CIty. Churches are umque structures havmg archItectural features specIfic to that type of use, namely to worshIp. These archItectural features can be symbolIc or specIfic to the type of actIvItIes going on m the bUIlding, like dramatIc or musIcal presentatIOns and pageants. Churches are a permItted use m all resIdentIal and commercIal zonmg dIstncts m the CIty of Boynton Beach, One of the purposes of heIght controls IS to encourage development that IS harmomous m scale and compatible wIth eXIstmg development. The heIght exceptIOn review process outlmed m Chapter 2, SectIOn 4. F.3, provIdes eIght (8) cntena that must be satIsfactonly addressed before approval is consIdered. As wntten, these cntena provIde a reasonable basIs wIth whIch to reVIew church heIghts on a case by case basIs for necessIty and neIghborhood compatibIlIty RECOMMENDATION Based on the prevIOUS analysIs, staff supports both code review requests submItted by the applIcant. Staff recommends that the CIty of Boynton Beach Land Development RegulatIOns be amended as requested. It should be noted that staff support of thIS code amendment does not represent automatic support of the proposed site plan as submitted. The sIte plan and heIght exceptIOn for the FIrst BaptIst Church WIll be considered for approval as separate applicatIOns at a later date. 19 ExhibIts S'\PLANNING\SHARED\WP\PROJECTS\FIRST BAPTIST CHURCH OF BB\CDRV OI-005\CDRV OI-005.STAFF REPORT.DOC