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AGENDA DOCUMENTS !\ 1" ~,o;, . ",- < '< / ~\ , ; , i \ I \ 01 \ }:r: 0\ / I.J J- " /<' " -V l' -, -<I'. <V ON ~ 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 Meeting Dates in to City Clerk's Office 0 April I, 2003 March 17,2003 (Noon.) 0 June 2, 2003 May 19,2003 (Noon) ~ April 15, 2003 March 31, 2003 (Noon) 0 June 17, 2003 June 2, 2003 (Noon) 0 May 6, 2003 April 14, 2003 (Noon) 0 July 1,2003 June 16,2003 (Noon) 0 May 20, 2003 May 5, 2003 (Noon) 0 July 15,2003 June 30, 2003 (Noon) 0 Administrative 0 Legal NATURE OF 0 Announcement 0 New Business AGENDA ITEM 0 City Manager's Report 0 Presentation ~ Consent Agenda 0 Public Hearing 0 Code Compliance/Legal Settlements 0 UnfInished Business RECOMMENDATION: Please place this request on the April 15, 2003 City Corrunission Agenda under Consent Agenda. The Community Redevelopment Agency Board with a failed motion to deny (with a 3 to 3 vote), forwards this item to the Corrunission without a recommendation. The City Corrunission may review and act upon this request, or defer it back to the CRA providing the opportunity to arrive at a recommendation after further discussion. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 03-075. EXPLANATION: PROJECT: AGENT: OWNER: LOCATION: DESCRIPTION: Boynton Beach Marina (HTEX 03-002) Lawrence Justiz, TRG-Boynton Beach, Ltd. TRG-Boynton Beach, Ltd. 743 NE 1st Avenue Request for height exception of 18 feet above the MU-H district limitation of 150 feet. PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: N/A N/A N/A De City Manager's Signature ~) t/L ~ Planning and Zo~ irector City Attorney / Finance / Human Resources S:\Planning\SHARED\WP\PROJECTS\MARINA\HTEX 03-002\Agenda Item Request Boynton Beach Marina HTEX 03-002 4-15-03.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 03-075 TO: Chairman and Members Community Redevelopment Agency Board THRU: FROM: Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP qy Planner 11 J DATE: April 3, 2003 PROJECT: Boynton Beach Marina / HTEX 03-002 REQUEST: Height Exception PROJECT DESCRIPTION Property Owner: TRG - Boynton Beach, Ltd. Applicant! Agent: TRG - Boynton Beach, Ltd. / Lawrence Justiz Location: 743 Northwest 1st Avenue (see Exhibit "A" - Location Map) Existing Land Use/Zoning: Mixed Use (MU) / Mixed Use High (MU-H) Proposed Land Use/Zoning: Mixed Use Core (MXC) / N/A Proposed Use: Mixed Use including Residential Multi-family, Townhomes, and Commercial Acreage: N/A Adjacent Uses: North: Right-of-way for Boynton Beach Boulevard and farther north is the City lift station and undeveloped land, zoned Central Business District (CBD); South: Right-of-way for Ocean Avenue and farther south is the Ocean Plaza shopping center, zoned CBD; East: Right-of-way for Northeast 6th Street (a.k.a. Marina Drive) and the Intracoastal Watervvay; and West: Developed property (First Financial Plaza), zoned CBD. Page 2 Memorandum No. PZ 03-075 BACKGROUND The City Commission approved a new site plan for the subject project in 1997. The project included an eight (8)-story building containing 220 rental apartments with over 8,000 square feet of commercial. The commercial portion was relegated to the first floor only. A restaurant was also proposed for the subject site. In November 2000, the property ownership changed to AERC of Virginia, Incorporated. The City Commission subsequently approved a major site plan modification (MSPM 02-005) in September 2002. The project, known as the Residences at Marina Village was approved for two (2) mixed-use buildings and a parking garage. The mixed-use buildings were nine (9) stories tall and the parking garage was seven (7) stories tall. In this project as compared to the 1997 plan, the number of apartment units increased from 220 to 282 units. The proposed parking garage would have accommodated up to 751 parked vehicles. The area of the first floor office / commercial uses increased from 8,262 square feet to 10,000 square feet. According to public records, the property ownership changed again in December 2002. The current owners (TRG - Boynton) propose another major site plan modification (MSPM 03-001). This project proposes three (3) mixed-use buildings, a restaurant, and a parking garage. The location of the office / commercial uses remain on the first floor of all three (3) mixed use buildings. However, compared with the 2002 project, the number of stories has increased from nine (9) stories to 15 stories (Building #1 and Building #2), the number of residential units increased from 282 to 338 units, and the area for the office / commercial uses has increased from 10,000 square feet to 17,591 square feet. In addition, the proposed project includes 12 townhouse units. The height exception would only be required for the two (2) identical, 15-story buildings (see Exhibit "B"). ANALYSIS Prior to October 2002, the subject property was zoned Central Business District (CBD). The CBD zoning district allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings), which as a conditional use, may not exceed 100 feet. In October 2002, the subject property was successfully rezoned from CBD to Mixed Use High (MU-H) pursuant to Ordinance 02-051. The MU-H zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU- H was to provide developers with greater options for development and redevelopment projects in the downtown area. Before the property was rezoned from CBD to MU-H, the City Commission approved a new method for measuring building height based on roof type. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. Ordinance 02-010, adopted on March 19, 2002, provided that the building height for a mansard roof is measured (in feet) from the finished grade to the top of the deck line. It should be noted that the nine (9)-story building approved in the September 2002 Major Site Plan Modification (MSPM 02-005) proposed a mean building height of 98 feet. The tallest portion of the roof for that project was the peak of the decorative cupola. It reached as high as 111 feet. The nine (9) story buildings complied with both the CBD and MU-H zoning district limitations due to the change in the method for measuring building height. The proposed elevations for the new plan (see Exhibit "B'') show that the deck line (a.k.a. the top of the roof deck for the mansard roof) will be 144 feet in height. This is the point of the structure where the building height is measured according to the definition of building height in the City's Land Development Regulations. This point on the building is proposed six (6) feet below the maximum allowable height of 150 feet. However, according to the drawing of the proposed Page 3 Memorandum No. PZ 03-075 mixed-use buildings (see Exhibit "s" - Sheet A-16), the top of the highest mansard will be 168 feet in height. The top of the mid-height mansard will be 163 feet in height. According to the applicant, the portion of the roof that will require the height exceptions consist of the following elements: . A decorative pitched mansard on top of a raised parapet, designed to provide screening of rooftop equipment. It will provide an architectural element with traditional roofing shapes, appropriate to the scale of the building. The top of this "typical" mansard is 158 feet in height. . An additional raised parapet and mansard at the east end of the building to provide variety in the roof shape to prevent the roof mansard from becoming boring and repetitive. The top of this "mid-height" mansard is 163 feet from grade. . An elevator machine room projects above the main roof approximately 16 feet with a height of 160 feet above grade. On top of the machine room roof a mansard is proposed to connect the architecture of the raised machine room roof with the main roof mansard. This projection above the roof creates a centerpiece for the main fa<;ade of the building at both the street elevation and the pool elevation. It centers above the main lobby entrance. This mansard travels across the center of the roof from north to south to create a distinctive architectural element when the building is seen from a distance. The top of this "high" mansard is 168 feet. The objective of the CSD and mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that 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 minimum standards, where applicable. The applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "D" - Applicant Letter). However, the premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CSO and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CSD zoning district allows for a maximum building height by right at 45 feet. However, building heights in the CSD may be increased to 100 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set of standards and require public notice. The Mixed-Use Low zoning district allows for a maximum building height of 75 feet by right. Only the Mixed-Use High zoning district allows for a maximum building height of 150 feet by right. The proposed buildings (see Exhibit "s'') show that the deck line will be 144 feet in height, or six (6) feet below the maximum allowed by the MU-H zoning district. Theoretically, roof top equipment, stairs, and elevator towers could have been placed within this six (6) foot area. However, the peak of the tallest portion of the roof is 168 feet in height. This is 18 feet over the maximum allowed by the MU-H zoning district. No existing buildings in the CSD or citywide are 100 feet tall. In general, the "spirit" of the height exception process was intended to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances that would incidentally (due to Suilding Code related issues) exceed the 45- foot maximum height limitation. This request for an 18-foot height exception does not meet the intent of the height exception. Page 4 Memorandum No. PZ 03-075 RECOMMENDATION As previously mentioned, staff is generally in favor of the redevelopment efforts proposed in the accompanying request for major site plan modification (MSPM 03-001). The City has made every effort to change and create zoning districts (CBD, MU-L, MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. However, staff cannot support a height exception for any portions of the proposed buildings that will exceed the 1S0-foot limit. Staff recommends that Building #1 and Building #2 be redesigned to stay within the lSD-foot height limitation. S:IPlanninglSharedlWplProjectslMARINAIHTEX 03-002IS1311 Report.doc Location Map Mari na EXHIBIT "A" I I , , I " ; , I I I I ! - .~, I i 'I \'-1 , I I I , KE wORTH' Icwwi I I , / I/~ r i III ! I . I i I i \ 1 ! \ i i \ I! ' I I I' I ill :z m '0] ~ ;t o i71 Ii! i ! ! I , ! , , , i RE i I: ,! r--" \" / , i I I I, , ' , I' iI i' I! i' . I' I, I ! I Iii i i I II I W,'f'T"fTT1rm n; r=;::;-I ,r , I I WL;L:.. I R3 ~! I i 11 1\ I'r' I II \ ~,----- I ~\ ~ ' " ! b-- \B~ \ . I' ill i Ii ! i: 'Ii i I I\! ~~Ii \ \ I!!i H\!! I ii i! i I \ i \ \ i i I :Tl1 , : h Ii, ::1 ~ i i ==-' 400 o 400 800 1200 Feet N .-<r. s IIII i~ I I Q · i i I S II · II i~ I ! II ! i ;,;: OJ i'll i 9 i 3 S~ Illllj I I ~ .. i ~i I II I Ii Ii q ! q Ii I; I I ~ !!!!!H!UU!!!!!i S I! S ! ~ ~ ; 31llii;;;iSliii Iii ~I ~I~I ~: g:l:i>O ! ~!~I~ 5 h ~!~III ii~~ ~~I~ ilil~ ~II m I I I I I' I 21 {l ~ ~i~~~~~~~~!{~~~i~ i~ _... I _... ' ,.,. I ..... f ..... I .... _.. l __ ' ..... t ...... L ".... (_. ,.. 1 ,P'. ! _.. l~.... ____-'2.L___,_ ---..-.---..- I 1 __....J.aI........ --.....""".....- EXHIBIT "B" llli ~]~~ I ~~~I~i~~~ I I i ~<d~~< WO~ ~o~ a; j I i Cil ?:~3 3 g~= ~;~ I ! I !: a:ll~ ~ ",<0 ~~ ~ <Hl <l!= ~-i r: olj~ 9 P ~I ~I - ~ '1 :c II ~~! dll<n :! ~t z z II~i d~~ ~ ~I.< ~ ~ ~hl~ ~ Gi ~.. ~lii ::::l .J ~a.. CllI~ - ~ EXHIBIT "e" Conditions of Approval Project name: File number: Reference: Boynton Beach Marina HTEX 03-002 Site plan dated March 23,2003 I DEPARTMENTS INCLUDE REJECT I I Comments: None PUBLIC WORKS I X I Comments: None UTILITIES I X I Comments: None FIRE I 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. S. \PlanningISHARED\ WP\PROJECTSIMARINA \HTEX 03.002\COA.doc i.. { EXHIBIT "0" Cd The Related Group of Florida 2828 Coral Way, Penthouse Suite Miami. Florida 33145 Tel. (305) 460-9900, Fax (305) 460-9911 March 3, 2003 PZLOANNING AND NING DEPr Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: Marina Villa2e at Bovnton Beach Hei2ht 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 hei2ht exception will have an adverse effect on the existin2 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 hei2ht 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 Cd JO 7' ,.. EXHIBIT "0" (c) Whether the heil!ht exception will severelv reduce Iil!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 heil!ht exception will be a deterrent to the improvement or development of adiacent property in accord with existine: ree: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 heil!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 heie:ht exception will adverselv influence Iivine: conditions in the neil!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 heie:ht exception will constitute a e:rant of a special privilel!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. Page 2 of3 /: . EXHIBIT "0" Cd (h) Whether sufficient evidence has been presented to iustifv the need for a heieht 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 LMry J:{ LBJ:eb Page 3 of3 CITY OF BOYNTON BEACH AGENDA ITEM COVER SHEET AND CHECKLIST This completed cover sheet must accompany all agenda item requests. Please place check marks in the boxes as indicated. Initiating department must prepare Agenda Item Request Form. Submit original agenda request (with back up) and one CODY of aaenda reauest (with back UD) to the City Clerk's office. Items must be submitted by the deadlines indicated below. Incomplete or late items will be returned to originating department. Requested City Commission Meeting Dates DA rjl 1, 2003 [8JA rillS, 2003 DMa 6, 2003 DMa 20 2003 DJune 2, 2003 DJune 17, 2003 DJul 1, 2003 DJul 15, 2003 Deadline for Submittal to City P & D/CRA Requests Deadline Clerk's Office Departments are responsible for securing the following si natures on attached A enda Re uest Form: De artment Head 0 Wilfred Hawkins for de artments under Administrative Services 0 Finance De artment for items that involve ex enditure of funds 0 All back u material is attached [8J All exhibits are attached & marked e. ., Exhibit "A' [8J uf?- Department Head's initials: f'l. Boynton Beach Marina (HTEX 03-002) Please do not write in the shaded area below. Legal Department signature 0 City Manager's signature o ITEM RETURNED FOR THE FOLLOWING REASON(S): Signature(s) missing 0 Incomplete submittal 0 Missed deadline 0 Other 0 Reason: Person contacted to pick up rejected request by bg - 7/19/02 S:\Planning\Planning Templates\Agenda Item Cover CHECKUST Apr I-July 15, 2003.doc on (Date)