LEGAL APPROVAL
The City of Boynton Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
April 21, 2003
www.boynton-beach.org
Mr. Lawrence Justiz
TRG - Boynton Beach, Ltd.
2828 Coral Way
Penthouse One
Miami, FL 33145
Re:
For:
File No.
Location:
Dear Mr. Justiz:
Height Exception
Boynton Beach Marina (f.k.a. The Residences @ Marina Village)
HTEX 03-002
743 N.E. 1st Avenue
Enclosed is the City of Boynton Beach Development Order for application item HTEX 03-002, which
represents approval for a request for height exception of 18 feet above the MU-H district limitation of 150
feet, for the Boynton Beach Marina. This was approved by the City Commission on April 15, 2003.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-
6260.
Sincerely,
;juj4k( It/Ii/7'lllj .#-
Michael W. Rumpf
Director of Planning & Zoning
MWR:ad
Attachment:
Development Order
Conditions of Approval
S:\Planning\SHARED\WP\PROJECTS\BOYNTON BEACH MARINA\HTEX 03-002\Approval form letter after CC new.rtf
DEVELOP~....,.~T ORDER OF THE CITY COMMI...."..ION OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME:
The Residences @ Marina Village
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Lawrence Justiz - The Related Group, Ltd.
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APPLICANT'S AGENT:
APPLICANT'S ADDRESS: 2828 Coral Way Penthouse One Miami, FL 33145
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 15, 2003
TYPE OF RELIEF SOUGHT: Height Exception for "The Marina", a mixed-use high density commercial
/ retail/residential project on a 7.349 acre site. ~ R ~~ ~; n ~y7 ~. . ~ I
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LOCATION OF PROPERTY: 743 NE 1st Avenue Boynton Beach, FL ,1 I:' :
rU I APR i ~ 2003 j.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. I '
DU'ARTMF" T CF>C'. .
X THIS MATTER came before the City Commission of the City of oynton Beach, FTOi1aa---'"
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Community Redevelopment Agency Board, which Board found
as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
/HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
~RANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
7.
Other
6.
DATED:
J./ -/ a -0 '3
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Location Map
Marina
EXHIBIT "A"
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EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Reference:
Boynton Beach Marina
HTEX 03-002
Site plan dated March 23,2003
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
CONDITIONS
Comments:
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
Page 2
Boynton Beach Marina
File No.: HTEX 03-002
DEP ARTMENTS INCLUDE REJECT
2. To be determined. ~
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The Related Group of Florida
2828 Coral Way, PenthoUSe Suite
Miami. Florida 33145
Tel. (305) 460-9900. Fax (305) 460-9911
March 3, 2003
Mr. Mike Rumph
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
RE: Marina VilIal!e at Bovnton Beach Heil!ht Exception ReQuest
Dear Mr. Rumph:
Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for Height
Exceptions for two IS-story buildings as depicted in our site plan submission to the City
on February 5,2003.
Two of our proposed buildings are 15 stories, which normally would not be over 150 feet
in height. However, so that the buildings remain esthetically attractive there are certain
mechanical functions and design elements and that need to exceed the 150 foot height.
These include the elevator machine rooms, and roof-top air conditioning equipment
(which is screened from view through the use of perimeter mansard type roofing which
exceeds the 150 foot height to the top of the mansard).
Section 4 (F) (3) states several questions to be answered by an applicant for a height
exception, as follows:
(a) Whether the heil!ht exception will have an adverse effect on the
existinl! and proposed land use.
Answer: The requested height exceptions will not have an adverse
effect on the existing and proposed land uses since the proposed
buildings are consistent with the Mixed Use (High Intensity) Zoning
District, which allows for a height of 150 feet.
(b) Whether the heil!ht exception is necessary.
Answer: The height exception is necessary to hide roof top air
conditioning equipment and to provide for rooftop elevator machine
rooms. In addition, the roof treatment provides articulation to give
the buildings a more desirable aesthetic appearance - not horizontal
flat parapets.
Page lof3
I
EXHIBIT "0'1
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(h) Whether sufficient evidence has been presented to iustifv the
need for a hei2ht exception.
Answer: We believe that for all the reasons set forth herein,
sufficient evidence has been presented to justify the need for the
requested height exceptions for the functional, mechanical, and
architectural features of the Marina Village project.
Please let me know if you would like us to provide any other additional information.
Sincerely,
THE RELATED GROUP OF FLORIDA
L
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LBJ:eb
Page 3 of3
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(c) Whether the heif!ht exception will severelv reduce lif!ht and air in
adiacent areas.
Answer: The requested height exceptions will not severely reduce
the light and air in adjacent areas. Marina Village is bordered by
Boynton Beach Blvd. on the North and Ocean Avenue on the South,
and therefore will not impact any properties to the North and South.
The marina and the Intracoastal waterway is on the East side, and the
Financial Tower building is on the West side. The closest part
Marina Village to the Financial Tower is the parking garage and the
seven story element of the site plan.
(d) Whether the heif!ht exception will be a deterrent to the
improvement or development of adiacent property in accord with
existinf! ref!ulations.
Answer: The requested height exceptions will not be a deterrent to
the improvement or development of adjacent property within the
Mixed Use (High Intensity) Zoning District. To the contrary, we
believe that the Marina Village project will act as a catalyst for the
redevelopment of other properties in the adjacent Mixed Use (High
Intensity) area.
(e) Whether the heif!ht exceptions will adverselv affect property
values in adiacent areas.
Answer: The requested height exceptions will not adversely affect
property values in adjacent areas, but will make for more interesting
architecture that will only increase surrounding property values, and
act as a catalyst to improving property values in the area.
(t) Whether the heif!ht exception will adverselv influence livin~
conditions in the neif!hborhood.
Answer: The requested height exceptions will not adversely
influence the living conditions in the neighborhood, but we believe
will provide for a more aesthetically pleasing view and neighborhood.
(g) Whether the heif!ht exception will constitute a f!rant of a special
privilef!e to an individual owner as contrasted with the public
welfare.
Answer: The requested height exceptions will not con$titute a
grant of special privilege as contrasted with the public welfare,
particularly since without the height exceptions for the mechanical
and functional elements of our buildings (e.g., elevator machine
rooms, roof top air conditioning equipment) and the enhanced
architectural features that will be the public "identity" for the project,
the appearance would not provide for as much "architectural" variety.
Future developments within the Mixed Use (High Intensity) District
will have the right to apply for such exceptions. The architectural
uniqueness which this allows will enhance the esthetics of Marina
Village and the public welfare.
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