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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 -it DEVELOPMI;.NT ORDER OF THE CITY COMMIS~ON OF THE ~ I OF BOYNTON BEACH, FLORIIl ) PROJECT NAME: The Promenade o,."IOl)lI\ln\ , 'l eund\nll &1\11\11..'11\11 ~:;ut;c~~;'c,- ~ 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:!, , ..',' i! r'" 2. The Applicant KHAS HAS NOT L. ji. ~ (', " ~ I ", 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- S:\PlanningISHARED\ WPlPROJECTS\Promenade\lITEX\DO.doc '0 PROnNADE LOCATION:)tAP C-4 CBD CB CBD BOYNTON BEACH BLVD i I CBD I I \ €1<Ja,'h.T "A" caD NE 4TH AVE CBD z CBD MX-H en -t :J:. n -t w*. ...--.-....-..... ._........_---~,..-.__._.._-,_......._,--_.."..,,_.~-,~-~- . ..-_.~--_._-~_..._., ---.:. ~ 5.2.,. 100 200 300 40Peet . EXHIBIT "B" . '. Ft f!!!! P' p'J ..... ~J J '. ';II' ~ .7 r" ... &'" , d .,." ~ ," ," ~ ~~ 't l.\ ~ 't I I I , I I I I I I I I ~ > ~ ~ ...... > t""'4 ~ ~ r:n ~ t%j t""1 t%j <:: > -3 ....... o Z ... 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. O:\BWIAOO2\Form Ietler.AprB 19,wpd