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APPLICATION PROJECT NAME: Prol:Jenade . LOCATION: 416 N. Federal Highway PCN: 08-43-45-22-01-000-0241 I FILE NO.: HTEX 04-002 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: OWNER: Boynton Beach Waterways Weiner & Aronson, P .A. Investment Associates, LLC ADDRESS: 102 N. Swinton Avenue ADDRESS: 155 S. Miami A venue Penthouse Delray Beach, FL 33444 2A Miami, FL 33130 FAX: 272-6831 FAX: 305-374-5051 - PHONE: 265-2666 PHONE: 305-374-5455 Date of submittal/Proiected meeting: dates: SUBMITTAL / RESUBMITTAL 4/28/04 1 ST REVIEW COMMENTS DUE: N/A PUBLIC NOTICE: N/A TRC MEETING: N/A LAND DEVELOPMENT SIGNS POSTED N/A (SITE PLANS): PLANNING & DEVELOPMENT BOARD N/A MEETING: COMMUNITY REDEVELOPMENT 7/13/04 AGENCY BOARD CITY COMMISSION MEETING: 7/20/04 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Promenade\HTEX\2004 PROJECT TRACKING INFO.doc WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLE J. ARONSON JASON S. MANKOFF OF COUNSEL: ROBERT MARC SCHWARTZ, P.A. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (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 Via Hand Delivery Re: Height Exception Request Our File No.: BWIA002 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 rooftreatment provides articulation to give the buildings a more desirable aesthetic appearance. (c) Whether the heiaht exception will severely reduce light and air in adiacent 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 heiaht exception will be a deterrent to the improvement or development of adiacent property in accord with existing regulations. 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 property values in adiacent 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 exception will adverse Iv influence Iivina conditions in the neiahborhood. 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 height exception will constitute a arant of a special privileae 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 iustify the need for a heiaht exception. Answer: Forthe 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. Very ~r,l1yY yours, ~. ~/ /"0'~ , )ason S. Mankoff ./ JSM:vf O:\BWIA002\Form letter.April19.wpd ~ >- ~ ~ ~ > ~ ~ ~ UJ. ~ t%j ~ ~ ~ >- ~ """"'" o Z ~. '.1 .. .. '.eo '." '.1 I.., -*'.' ~~~- l!!~ ~~ jD!! ~5 ~e: 1!!~ ~~ J:!ll: P'~ ...." ',,3" ....7..:5"' ..'T ..~ ..:'I" ~~.:.~ .:.. ~-n ~~ Lif~ ~G ~;, ir" :;~ ~f! ~~~ ~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ ~~ r- I~ I I I I I I I I I~ I I I I 1 I I 18 I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I GJ!)1. "'-< ,:"b ~.... ~~ ~7D :~ :ij: ~~ ~~ ~,:' 6 ~ ~ ~ ?' v.~ ~~ ~~ ~ ~ I I I I I I I I , I I I I I I I I " I 1 I I I I I I I I April 26, 2004 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33425-0310 RE: The Promenade Height Exemption Request Dear Mike: As per your request this letter is to describe in greater detail the areas of the building requiring height exceptions at the above-mentioned project. Both towers are the same and require the same exception. The attached drawing entitled "Partial West Elevation" shows the required exceptions in detail. The bUilding has a flat roof which has an elevation of 142' -0" from grade. This is below the maximum height of 150'-0" allowed by code, The areas of the building, which require a height exception, serve mait.ly as decorative elements and provide interest and architectural detail to the fayade of the building. The highest portion ofthesc elements is at the comers of the building and is at an elevation of 167' -0" from grade, requiring an exception of 1 T -0". These areas provide a focal point to the overall design of the project. Additionally, the various roof elements provide spaces to shield rooftop equipment from public view. If you have any questions or need additional information please feel free to contact me. /-- S2l1dy Peaceman Cohen Freedman Encinosa & Associates Archhects WEINER & ARONSON, P.A. ATTORNEYS AT LAW The Clark House 102 North Swinton Avenue Delray Beach, Florida 33444 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. Florida Bar Board Certified Real Estate Lawyer MICHAEL R. HARRIS L.L.M. (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 Via Hand Delivery Re: Height Exception Request Our File No.: BWIA002 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 exceed 150 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 adjacent 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 adjacent property in accord with existing reaulations. 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 property values in adjacent 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 exception will adversely influence living conditions in the neiahborhood. 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 height exception will constitute a arant 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 iustify 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. Very ~ yours, ;1 // O:\BWIA002\Form letter. April 19.wpd April 26, 2004 Mr. Mike Rumph Director of Planning and Zoning City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach~ Florida 33425-0310 RE: The Promenade Height Exemption Request Dear Mike: As per your request this letter is to describe in greater detail the areas of the building req~iring height exceptions at the above-mentioned project. Both towers are the same and require the same exception. The attached drawing entitled "Partial West Elevation" shows the required exceptions in detail. The bUilding has a flat roof which has an elevation of 142'.0" from grade. This is below the maximum height of 150'-0" allowed by code. The areas of the building, which require a height exception, serve maitily as decorative elements and provide interest and architectural detail to the fayade of the building. The highest portion ofthesc elements is at the Comers of the building and is at an elevation of 167' -0" from grade, requiring an exception of 17' _ou. These areas provide a focal point to the overall design of the project. Additionally, the various roof elements provide spaces to shield rooftop equipment from public view. If you have any questions or need additional infonnation please feel free to contact me. /~ S2f1dy Peaceman Cohen Freedman Encinosa & Associates Archhects ~ >- ~ ~ 1--4 > ~ ~ ~ en ~ t%j t'-1 t%:1 -< > ~ l-ot o Z r '.:A' m:.. ....t.,) r :&. &i!! "'." ~~ ~8 ~ IU ~ ~ I~ I~ ~ ., I~ 1 '. ~~(( ~ ~ ~~ ~f;; .~ ~~ .- I ... ~ ~~ o t:I.' '. I \ t.", ~~. 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