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
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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
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