AGENDA DOCUMENTS
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 7, 2004 March 15,2004 (Noon.) D June 1, 2004 May 17, 2004 (Noon)
D April 20, 2004 AprilS, 2004 (Noon) D June 15,2004 May 31, 2004 (Noon)
D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon)
0 May 18, 2004 May 3, 2004 (Noon) [gJ July 20, 2004 July 5, 2004 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
[gJ Consent Agenda D Public Hearing
D Code compliance/Legal Settlements D Unfinished Business
RECOMMENDATION: Please place this request on the July 20,2004 City Commission Agenda under Consent
Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ
04-146.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Promenade (HTEX 04-002)
Weiner & Aronson, P .A.
Boynton Beach Waterways Investment Associates, LLC
Northeast comer of North Federal Highway and Boynton Beach Boulevard
Request for a height exception of 17 feet to allow the peak of a decorative tower to extend
above the 150-foot maximum height provision in the Mixed Use High Intensity (MU-H)
zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Developme
City Manager's Signature
Z{)~
Planning and Z g DIrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Prornenade\HTEX\The Promenade HTEX 04-002 7-20-04Form April 6 - July 20, 2004.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
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
D Apri17,2004 March 15,2004 (Noon.) D June 1, 2004 May 17, 2004 (Noon)
D April 20,2004 AprilS, 2004 (Noon) D June 15,2004 May 31, 2004 (Noon)
D May 4, 2004 April 19, 2004 (Noon) D July 6, 2004 June 14,2004 (Noon)
D May 18, 2004 May 3, 2004 (Noon) [gJ July 20, 2004 July 5, 2004 (Noon)
D Administrative D Legal
NATURE OF D Announcement D New Business
AGENDA ITEM D City Manager's Report D Presentation
[gJ Consent Agenda D Public Hearing
D Code compliancelLegal Settlements D Unftnished Business
RECOMMENDATION: Please place this request on the July 20, 2004 City Commission Agenda under Consent
Agenda. The Community Redevelopment Agency Board with a unanimous vote, recommended that the subject request be
approved. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ
04-146.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
The Promenade (HTEX 04-002)
Weiner & Aronson, P.A.
Boynton Beach Waterways Investment Associates, LLC
Northeast corner of North Federal Highway and Boynton Beach Boulevard
Request for a height exception of 17 feet to allow the peak of a decorative tower to extend
above the 150-foot maximum height provision in the Mixed Use High Intensity (MU-H)
zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Development Department Director
City Manager's Signature
Z{)~
Planning and Z g DIrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Prornenade\HTEX\The Promenade HTEX 04-002 7-20-04Form April 6 - July 20, 2004.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04.146
TO:
Chair and Members
Community Redevelopment Agency Board
Michael RumPf\\..Q~
Director of Planning and Zoning
THRU:
FROM:
Eric Lee Johnson, AICP
Planner
DATE:
June 29, 2004
PROJECT:
The Promenade I HTEX 04-002
REQUEST:
Height Exception
PROJECT DESCRIPTION
Property Owner: Boynton Beach Waterways Investment Associates, LLC
Applicant: Boynton Beach Waterways Investment Associates, LLC
Agent: Mr. Michael Weiner I Weiner & Aronson P.A.
Location: Northeast corner of N. Federal Highway and Boynton Beach Boulevard
Existing Land Use: Mixed Use (MX)
Existing Zoning: Central Business District (CBD)
Proposed Land Use: Mixed Use Core (MXC)
Proposed Zoning: Mixed Use-High (MU-H)
Restaurant 3,000 square feet
Proposed Use: Retail 19,200 square feet
Hotel 68 units
Residential 318 Condominium Units
Acreage: 173,151 square feet (3.975 acres)
Adjacent Uses:
North:
Right-of-way for Northeast 4th Avenue, then farther north is
developed commercial property, with a Mixed Use (MX)
land use classification, zoned Central Business District (CBD);
South:
Right-of-way for future Boynton Beach Boulevard improvement, then
farther south is a vacant lot with a Mixed Use Core (MXC)
land use classification, zoned Central Business District (CBD);
Mangrove Walk at the Marina
East:
Page 2
Memorandum No. PZ 04-146
West:
Right-of-way for Federal Highway, then farther west is developed
commercial (Eckerd's Drug Store) with a Mixed Use (MX)
land use classification, zoned Central Business District (CBD).
BACKGROUND
Mr. Michael Weiner, agent for the property owner (Boynton Beach Waterways Investment Associates, LLC
is requesting to develop a large-scale mixed-use project. The property is currently developed as a one
(l)-story shopping center. The applicant is simultaneously requesting to rezone (REZN 04-002) the
property from Central Business District (CBD) to Mixed Use-High (MU-H). The intent is to raze the
existing shopping center building in order to construct three (3) separate buildings ranging from two (2)
stories to 14 stories tall. On the site plan and elevations, the buildings are shown as one (1) large mixed
use building (parking garage, retail, restaurant, dwelling units, hotel units) while the other two (2)
buildings that are proposed along Federal Highway would primarily consist of just retail users. The
request for height exception is made because as proposed, portions of the 14-story building would
exceed the Mixed Use Core maximum allowable height. As of today, this project represents the third
major "mixed-use" type of development for the City within the newly created MU-H zoning district. The
project is to be built within one (1) phase with an anticipated completion date of December of 2006.
ANALYSIS
The property is currently zoned CBD. The CBD zoning district allows for a maximum building height of 45
feet, except for mixed-use projects (buildings), which as a conditional use, may not exceed 100 feet. As
previously mentioned, the applicant is concurrently requesting to rezone the property to MU-H in order to
achieve taller buildings The MU-H zoning district allows for a maximum building height of 150 feet. Part
of the justification to rezone to MU-H is to provide developers with greater options for development and
redevelopment projects in the downtown area. 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 mixture of different uses with higher residential densities
and varying but reasonable building heights.
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height Umitations 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). 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 would 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, which
is being requested by the petitioner under application REZN 04-002, allows for a maximum building
height of 150 feet by right.
For comparison purposes, this analysis will summarize the facts and results of the Boynton Beach Marina
project's request for height exception (HTEX 03-002). The Boynton Beach Marina summary is reviewed
in this analysis because it represents the best example of a similar mixed-use development recently
approved by the City Commission for height exception. The Boynton Beach Marina has evolved over time
Page 3
Memorandum No. PZ 04-146
and sustained many different changes to its uses, building configuration, height, and overall site layout.
In 2002, the Marina project (MSPM 02-005) was proposed with buildings that were nine (9) stories in
height. The City Commission approved a new method for measuring building height based on roof type.
Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard roofs as
measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was
to be consistent with current standards and to allow more fiexlbility in building design. Pursuant to
Ordinance 02-010, the nine (9)-story project complied with both the CBD and MU-H zoning district height
limitations. In 2003, the project known as "The Residences at Marina Village", the project's most recent
site plan modification (MSPM 03-001), proposed building elevations with the deck line dimensioned at 144
feet in height. In this particular project, the deck line was considered to be the top of the roof deck, or in
other words, the point of the building at which height was measured. The deck line was actually six (6)
feet below the maximum allowable height of 150 feet and therefore, the building met the height
restriction of the MU-H zoning district. However, portions of the mansard roof exceeded 150 feet. Many
portions of the Boynton Beach Marina's roofline reached as high as 168 feet in height, which in turn,
necessitated the need for a height exception.
Staff reviewed the Boynton Beach Marina request in accordance with standards prescribed by Chapter 2,
Zoning, Section 4.F.3, Height Umitatlons and Exceptions. Staff argued that the origin of the height
exception was predicated on the fact that 45 feet was the maximum allowable height for all zoning
districts, excluding the CBD and Mixed-Use zoning districts, and that the intent of the height exception
process was 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. Staff felt that the Boynton Beach Marina project's request for an 18-foot height exception did
not meet the intent of -the height exception standards. Staff recommended denial of their request. The
CRA Board reviewed the request but failed to reach consensus on a motion to deny (with a 3 to 3 vote),
resulting in a non-recommendation to the City Commission. The City Commission, however, approved
the applicant's 18-foot height exception request on April 15, 2003.
Mr. Michael Weiner's request for height exception is similar in many respects to the Boynton Beach
Marina. The elevations (see Exhibit "B") show that the deck line of the Promenade project would be 142
feet in height, placing it eight (8) feet below the maximum allowed by the MU-H zoning district. Mr.
Weiner affirmatively addressed all standards for evaluating height exceptions (see Exhibit "D" - Letter).
In the letter, the applicant indicates that the portions of the buildings (that exceed the 142 foot roofline)
are necessary to hide mechanical equipment, elevator shafts, and stair shafts. In addition, the roof
treatment is necessary to provide articulation to give the buildings a more desirable aesthetic appearance.
Staff concurs that these building elements are eligible to be considered for height exceptions. The peak of
the tallest portion of the roof is 167 feet in height. This is 17 feet over the maximum allowed by the MU-
H zoning district. No existing buildings in the CBD or citywide are 100 feet tall. It should be noted
however, that this request for height exception is one (1) foot less than what was already approved for
the Boynton Beach Marina.
Regardless, the building as proposed qualifies for the height exception. Staff reviewed the request
against the criteria listed in the Land Development Regulations and determined that it would not have an
adverse effect on existing and proposed land uses and would not reduce light and air in adjacent areas.
Past projects have received approval for this height exception and future developments within the MU-H
zoning district would have the right to apply for such exceptions.
Page 4
Memorandum No. PZ 04-146
RECOMMENDAll0N
As previously mentioned, staff is generally In favor of the redevelopment efforts proposed In the
accompanying request for new site plan (NWSP 04-009). 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. Staff recommends approval of the request for a 17-foot height exception to the
maximum building height of the MU-H zoning district.
S:\Plannlng\Shared\Wp\ProjectsIMARINAIHTEX 03-<102\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Reference'
The Promenade
HTEX 04-002
Elevations dated June 22. 2004
I
I Comments: None
DEPARTMENTS
PUBLIC WORKS
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
COMMENTS:
Comments:
1. None
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
I INCLUDE I REJECT I
I X I I
x
x
x
x
x
x
x
x
x
Page 2
The Promenade
File No.: HTEX 04-002
DEPARTMENTS INCLUDE REJECT
2. To be determined.
S:\PlanningISHARED\ WPlPROJECfSlPromenade\HTBX\COA.doc
WEINER Be ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Aorida 33444
EXHIBIT "0"
Telephone: (561) 265-2666
Telecopier: (561) 272-6831
E-mail: jmankoff@zonelaw.com
MICHAEL S. WEINER
CAROLEJ.ARONSON
JASON S. MANKOFF
OF COUNSEl:
ROBERT MARC. SCHWARTZ, P.A.
Aorida Bar Board Certified
Real Estate Lawyer
MICHAEL R. HARRIS
LLM. (In Taxation)
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.
(b) Whether the height exception Is necessary.
Answer: The height exception is necessary to hide mechanical equipment, elevator
shafts and stair shafts. In addition, the roof treatment provides articulation to give the
buildings a more desirable aesthetic appearance.
(c) Whether the height exception 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 exceDtlon will be a deterrent to the Improvement Qr
development of adlacent DroDerty In accord with existing reaulatlons.
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 adversely affect DroDerty 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) Whether the height exceDtlon will adverse Iv Influence living conditions In the
. nelc;lhborhood.
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 helaht exception will constitute a grant of a special privilege 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 future
developments within the Mixed Use (High Intensity) District will have the right to apply
for such exceptions.
(h) Whether sufficient evidence has been presented to lustily the need for a
height exception.
Answer: For the reasons set forth herein, sufficient evidence has been presented to
justify the need for the requested height exception for the functional, mechanical, and
architectural features of the project.
,/ '.
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\Fonn Ietter.AprlI19.wpd
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 COPy of agenda request (with back up) 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 Deadline for Submittal to City P & D/CRA Requests Deadline
Commission Meeting Clerk's Office
Dates
o A ril 7 2004
o A ril 20 2004
o Ma 4 2004
o Ma 18 2004
June 1 2004
June 15 2004
Jul 6 2004
IZIJul 20 2004
o
o
o
~
~
All back u material is attached
All exhibits are attached & marked e. . Exhibit "A'
Department Head's initials: '1 ~
The Promenade (HTEX 04-002)
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
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on
(Date)