LEGAL APPROVAL
The City of BoyntlJn Beach
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVlSON
100 E. Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, Florida 33425-0310
TEL: 561-742-6260
FAX: 561-742-6259
www.boynton-beach.org
July 26, 2004
Mr. Michael Weiner
Weiner & Aronson, P.A.
102 North Swinton Avenue
Delray Beach, Florida 33444
RE:
File No.:
Location:
The Promenade
HTEX 04-002
416 N. Federal Highway, N.E. comer ofN. Federal Highway and Boynton Beach Blvd.
Dear Mr. Weiner:
Enclosed is the Development Order granted by the City Commission on July 20,2004. This approval is for a 17-foot height
exception for a mixed use project on a 3.975 acre parcel in the Mixed Use High Intensity (MU-H) zoning district pursuant to
the City's Land Development regulations, Chapter 2, Zoning, Section 4.F.2. and is co-joined with your site plan approval.
Like the site plan approval, it is valid for one year from the date of final site plan approval. In order to maintain vested status,
a building permit must be secured or an extension granted within one year of final approval.
To continue this project through the development process, please revise relevant pages of your approved site plan to
incorporate all conditions of approval as applicable. A copy of the Development Order, including these conditions, must
accompany the submission of the fully amended site plan set. The person managing your permit applications should be made
aware of any additional documents and third party letters listed in the conditions of approval that need to be submitted with
your permit package.
The Building Division is committed to speedy and efficient completion of the building permit process for your project.
However, please note that failure to meet all applicable Development Order conditions in the submitted plan set may produce
unnecessary delays in permit issuance. A thorough review will be conducted by the Plan Review Analyst and if the necessary
documentation is not attached and/or the plans are not amended to reflect all of the approval conditions, the plans will be
returned to the applicant for correction and re-submittal before the permit is further processed. Feel free to contact any TRC
member for additional clarification of comments.
Important: If you plan to introduce any changes to your approved site plan beyond those required by conditions of approval,
please contact our staff for a review before submitting a permit package to the Building Division.
A copy of the complete Development Order and Amended Site Plans reflecting the UConditions of Approval" must be
submitted to the Building Department along with the first permit request to avoid any delays in the processing of your
permit.
Should you have any questions regarding this matter, please feel free to contact this office at (561) 742-6260.
Sincerely,
r Michael W. Rumpf
Director of Planning & Zoning
S :\Planning\SHARED\ WP\PROJECTS\Promenade\HTEX\appvlltr after CC.doc
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DEVELOPMI;.NT ORDER OF THE CITY COMMIS~ON OF THE
~ I OF BOYNTON BEACH, FLORIIl )
PROJECT NAME: The Promenade
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APPLICANT'S AGENT: Mr. Michael Weiner / Weiner & Aronson, P.A.
APPLICANT'S ADDRESS: 102 North Swinton Avenue, Delray Beach, FL 33444
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 20, 2004
TYPE OF RELIEF SOUGHT: Request a 17-foot height exception for a mixed-use project on a 3.975-
acre parcel in the Mixed Use High Intensity (MU-H) zoning district.
LOCATION OF PROPERTY: 416 North Federal Highway, northeast corner of North Federal Highway
and Boynton Beach Boulevard
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
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 mf'fl,!ler-.GOrlsistenLwlth,.
the requirements of the City's Land Development Regulations. :1; 'r:!, , ..','
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2.
The Applicant
KHAS
HAS NOT
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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
K 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
DATED: 7-
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EXHIBIT "e"
Conditions of Approval
Project name:
File number:
Reference:
The Promenade
HTEX 04-002
Elevations dated June 22 2004
.
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 DMSION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments: ~
Page 2
The Promenade
File No.: HTEX 04-002
DEPARTMENTS INCLUDE REJECT
2. To be determined.
S:\PlanningISHARED\ WPlPROJECfS\Promcnadc\HTEX\COA,doc
WEINER & ARONSON, P.A.
ATTORNEYS AT LAW
ThI3 Clark House
102 North Swinton Avenue
Delray Beach, Aorida 33444
.
EXHIBIT i'D"
Telephone: (561) 265-2666
Telecopler: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLE J.. ARONSON
JASON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARJZ, P.A.
AoIida Bar Board Certified
Real Estate. LaW)'er
MICHAEL R. HARRIS
LLM. (In Taxauon)
April 28, 2004
Mr. Mike Rumpf
Director and Planning and Zoning
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Height Exception Request
Our File No.: BWIA002
Via Hand Delivery
Dear Mike:
Pursuant to Chapter 2, Section 4 (F) of the City Code, we are applying for a Height Exception
for 17 feet as depicted in our site plan being submitted simultaneously to the City.
The proposed building is fourteen (14) stories, which normally would not be over 150 feet
in height. However, so that the building remains aesthetically attractive, there are certain
mechanical functions and design elements that exceed150 feet in height. .
Section 4 (F) (3) lists several items to be answered by an .applicant for a height exception.
The responses are as follows:
(a) Whether the height exception will have an adverse effect on the existing and
proposed land use. '.
Answer: The requested height exception will not have an adverse effect on the
existing and proposed land uses since the proposed building is only slightly higher
than permitted by the Mixed Use (High Intensity) Zoning District, which allows for a
height of 150 feet.
Whether the height exception Is necessary.
(b)
.' Answer: The height exception is necessa~to hide mech~nical e~uip":,ent. el~vator
. shafts ana stalrsnans. In addition, the roo treatment proVIdes articulation to gIve the
buildings a more desirable aesthetic appearance.
(c)
Whether the height exceDtlon will severely reduce light and air In adlacent
:
Mr. Michael Rumpf
April 28, 2004
Page 2
areas.
Answer: The requested height exceptions will not severely reduce the light and air
in adjacent areas. The property is bordered by Boynton Beach Blvd. and Federal
Highway and the Intracoastal waterway, which is open.
(d) Whether the height exception will be a deterrent to the Improvement or
development of adlacent Droperty In accord with exlstlno requlatlons.
Answer: The requested height exception will not be a deterrent to the improvement
or development of adjacent property within the Mixed Use (High Intensity) Zoning
District. To the contrary, the project will act as a catalyst for the redevelopment of
other properties in the adjacent area.
(e) Whether the height exception will adverselv affect proDertv values In
adlacent areas.
Answer. Not only will the requested height exception not adversely affect property
values in adjacent areas, it will serve to increase surrounding property values, and
act as a catalyst to improving property values in the area.
(f) Whetherthe height exceDtlon will adversely Influence IIvina conditions In the
, neighborhood.
Answer. The requested height exception will not adversely Influence living conditions
In the neighborhood. The additional height will provide for a more aesthetically
pleasing view and neighborhood appearance, compatible with the surrounding area.
(g) Whether the heloht exceDtlon will constitute a grant of a sDeclal Drivllege to
an Individual owner as contrasted with the pubic welfare. .
Answer: The requested height exception will not constitute a grant of special
,privilege, particularly since without the height exception and the enhanced
architectural features, the appearance would not provide for as much "architectural"
variety. Past projects have received approval for this height exception and Mure
developments within the Mixed Use (High Intensity) District will have the right to apply
for such exceptions.
(h) Whether sufficient evidence has been Dresented to lustitv the need for a
helaht exception.
Answer. For the reasons set forth herein, sufficient evidence has been presented to
justify the need for the requested height exception forthe functional, mechanical, and
. .....00 aFGl:liteelt:JFe1 feetl::Jres of the projecl..~~-._'-
,- .
/ '.
Mr. Michael Rumpf
April 28, 2004
Page 3
Please also see the attached architect's letter concerning this Height Exception Request.
Please let me know if you would like us to provide any other additional information.
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