REVIEW COMMENTS
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 03-075
TO:
Chairman and Members
Community Redevelopment Agency Board
FROM:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP q,k'.
Planner U
THRU:
DATE:
April 3, 2003
PROJECT:
Boynton Beach Marina / HTEX 03-002
Height Exception
REQUEST:
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;
Right-of-way for Northeast 6th Street (a.k.a. Marina Drive) and the
Intracoastal Waterway; and
East:
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 (CBO). The CBO 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 CBO 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 CBO 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 CBO 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 "B" - 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 traditionai 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 fac;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 CBD 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 CBD and Mixed-Use zoning districts. The citywide maximum
height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the CBD zoning
district allows for a maximum building height by right at 45 feet. However, building heights in the CBD
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 "B") 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 CBD 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 Building 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 wili 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 wili exceed the 150-foot limit. Staff recommends that Building #1 and
Building #2 be redesigned to stay within the lS0-foot height limitation.
S:IPlanninglSharedlWplPrOjectslMARINAIHTEX 03.0021Staff Report.doc
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EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Reference:
DEP ARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
CONDITIONS
Comments:
1. To be determined.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
Boynton Beach Marina
HTEX 03-002
Site plan dated March 23,2003
Page 2
Boynton Beach Marina
File No.: HTEX 03-002
DEP ARTMENTS
INCLUDE REJECT
r 2. To be determined.
S:IPlanningISHAREDI WPIPROJECTS\MARINA IHTEX 03.002ICOA.doc
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EXHlBlT "0"
en
The Related Group of Florida
2828 Coral Way, Penthouse Suite
Miami, Florida 33145
Tel. (305) 460-9900, Fax (305) 460-9911
Mr. Mike Rumph
Director of Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425-0310
March 3, 2003
Dear Mr. Rumph:
Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for Height
Exceptions for two 15-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 ofthe 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 1 of3
[d
EXHIBIT "0"
(c) Whether the hei ht exce tion will severel reduce Ii ht and air in
adjacent 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 hei1!ht exception will be a deterrent to the
im rovement or develo ment of ad'acent ro er in ~ccord with
existin1! re1!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 hei ht exce tions will adversel affect ro e
values in adjacent areas.
Answer: The requested height exceptions will not adversely affect
property values in adj acent 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.
(1) Whether the hei ht exce tion will adversel influence livin
conditions in the nei1!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 hei ht exce tion will constitute a rant of a s ecial
rivile e to an individual owner as contrasted with the ublic
welfare.
Answer: The requested height exceptions will not constitute 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, rooftop 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"
[d
(h) Whether sufficient evidence has heen resented to 'uslif 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 ofthe Marina Village project.
Please let me knoW if you would like us to provide any other additional information.
S incerel y,
THE RELATED GROUP OF FLORIDA
L
LMry:{
LBJ:eb
Page 3 of3
DEVELOP~ )T ORDER OF THE CITY COMMI.....iON OF THE
CITY OF BOYNTON BEACH, FLORIDA
PROJECT NAME: The Residences @ Marina Village
APPLICANT'S AGENT: Lawrence Justiz - The Related Group, Ltd.
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.
LOCATION OF PROPERTY: 743 NE 1 st Avenue Boynton Beach, FL
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the dale 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
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7 . Other
City Clerk
DATED:
S:\Planning\SHARED\WP\PROJECTS\MARINA\HTEX 03-002\DO.doc