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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 PROh^..eNADE LOCATION'1fIAP C-4 CBD o CB CBD BOYNTON BEACH BLVD ~ I caD II E1f.J.,'J,:T It A II CBD NE 4TH AVE CBD CBD MX-H z ~ :E: n ... o 50 100 - - w*. s 200 300 40~eet EXHIBIT "B" 1;[ ;;[ ~; J!!" ~, P' "1 ~, ~J P' !!l>'4 . i : .7 . ~.. ~i ~... ~ .. iii IS... ~ Ii! i(i II! ,. ~~ , ~~ ,. ~ ~ ~ I\~ ~ ~ '-'" l~ I I "J IV f I I I I ~ > ~ ~ t-4 > r-c =s ~ en "-3 tfj t'""4 t:z:j < > ~ t-4 o Z 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 S:\Planning\Planning Templates\Agenda Item Cover Checklist April 6 - July 20, 2004.doc on (Date)