REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 04-191
Chairman and Members
Community Redevelopment Agency
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP
Planner
;:f
August 4, 2004
Waterside I HTEX 04-003
Height Exception of Seven (7) feet - five (5) inches
PROJECT DESCRIPTION
Property Owner: Southern Homes of Palm Beach, LLC
Applicant: Mr. Charles Robertson I Southern Homes
Location: East side of Federal Highway, south of Palmer Road and north of Chukker
Road (see Location Map - Exhibit "Aft)
Existing Land Use: Special High Density Residential (SHDR - 20 du/ac)
Existing Zoning: Infill Planned Unit Development (IPUD - 20 du/ac)
Proposed Use: 113 fee-simple townhouses
Acreage: 317,676 square feet (7.2928 acres)
Adjacent Uses:
North:
South:
Beginning at Federal Highway extending easterly 150 feet is developed commercial
property, with an unincorporated Palm Beach County Commercial High (CHIS) land
use classification and unincorporated Palm Beach County General Commercial (CG)
zoning. The majority of the use to the north is comprised of the Palmer Road right-
of-way, then farther north is developed residential property with an unincorporated
Palm Beach County Medium Density Residential (MR-5) land use classification, and
unincorporated Palm Beach County Residential Multi-family (RM) zoning.
Right-of-way for Chukker Road, then farther south beginning at Federal Highway
extending easterly 150 feet is vacant commercial, with an unincorporated Palm Beach
County Commercial High (CHIS) land use classification, and unincorporated Palm
Beach County General Commercial (CG) zoning. The majority of the use to the south
is developed residential with an unincorporated Palm Beach County Medium
Residential (MR-5) land use classification, and unincorporated Palm Beach County
Residential Multi-family (RM) zoning.
Page 2
Memorandum No. PZ 04-191
East:
A majority of the use to the east is right-of-way for the Intracoastal Waterway.
However, a portion of the use is comprised of a finger canal of the Intracoastal
Waterway as well as developed residential with an unincorporated Palm Beach
County Medium Density Residential (MR-5) land use classification, and
unincorporated Palm Beach County Residential Multi-family (RM) zoning.
West:
Right-of-way for Federal Highway, then further west is undeveloped residential
(approved for Oceanside NWSP 04-004) with a Special High Density Residential
(SHDR) land use classification, zoned Infill Planned Unit Development (IPUD)
BACKGROUND
The applicant submitted a request for new site plan (NWSP 04-003) approval for the construction of 113
townhouses. The City Commission approved the site plan on July 20, 2004, contingent upon the review and
approval of a height exception for the clubhouse. This application represents the request for height
exception. The maximum building height in the IPUD zoning district is 45 feet and the building cannot exceed
four (4) stories. All the townhouse buildings proposed within the Waterside development were under four (4)
stories tall and less than 45 feet in height, and therefore, met the district's height limitation. Likewise, the
mean building height of the three (3)-story clubhouse building was proposed at 39 feet - four (4) inches and
also met the district's height limitation. However, the decorative cupola proposed on top of the clubhouse
exceeds 45 feet and therefore, would require the approval of a height exception. The elevations (see - Exhibit
"B'') show that the most prominent feature of the first floor of the clubhouse would be its hollow cavity, which
would allow an unobstructed view from Federal Highway to the Intracoastal Waterway. The actual air-
conditioned areas of the building would occur only on the second and third floors.
ANALYSIS
Except for within the Central Business District (CBD), Mixed-Use Low (MU-L), and Mixed-Use High (MU-H)
zoning districts, the standard citywide maximum building height is 45 feet. The subject property lies within
the IPUD zoning district and therefore, the maximum building height is 45 feet. The Land Development
Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in considering
an application for an 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 building as shown on the elevations (see Exhibit "B'') is proposed at 39 feet - four (4) inches in height.
Therefore, the proposed building complies with the maximum allowable building height in the IPUD zoning
district. However, the peak of the pitched roof (of the decorative cupola) would be 52 feet - five (5) inches
in height and therefore, would require a height exception of seven (7) feet - five (5)-inches. Typically, roofs
and parapet walls that conceal electrical and mechanical support systems are eligible to be considered for
height exceptions. Likewise, decorative cupolas are structures eligible for height exceptions. In considering
an application for exception to district height regulations, the City Commission shall make findings indicating
that the proposed exception has been studied and considered in relation to speCific standards. One of these
standards is measuring the effect or perceived impact, if any, the structure would have on neighboring
properties.
The exception would not have an adverse effect on the existing and proposed land uses. When evaluating
potential negative impacts, among other criteria, staff is concerned with the distance of the spire to the
nearest single-family zoning district. However, this is not an issue with this project. The subject property
borders Federal Highway to the west and the Intracoastal Waterway to the east. Also, the properties to the
Page 3
Memorandum No. PZ 04-191
north and south are zoned Palm Beach County Residential Multi-family (RM). The site plan (see Exhibit "B"
- sheet SP1 of 2) shows that the clubhouse building would be approximately 115 feet away from the north
property line and nearly 160 feet from the south property line. Therefore, the decorative cupola would not
negatively impact adjacent properties in terms of reducing light or air. The height exception would not
adversely effect property values in adjacent areas or adversely influence the living conditions in neighboring
communities. The decorative cupola would serve no other purpose aside from aesthetic value and appeal.
The building could function without the cupola, however, it would be more plain and not in keeping with the
high quality of the Waterside development. Granting of this height exception does not constitute a special
privilege to the current property owner. Staff feels that the decorative cupola would enhance the overall
project dynamic and its exclusion would be detrimental to the clubhouse design. Therefore, staff
determined that the project meets the intent of all criteria itemized in Chapter 2, Section 4.F.3. of the Land
Development Regulations.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of seven
(7) feet - (5) inches be approved for the proposed cupola. No conditions of approval are recommended;
however, any conditions of approval recommended by the Board or required by the City Commission will be
placed in Exhibit "C" - Conditions of Approval accordingly.
S:\Planning\5HARED\WP\PROJECfS\Southern Homes of Palm Beach\Waterside\HTEX 04-003\Staff Report.doc
WATERSIDE: LOCATION MAP
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EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Waterside
HTEX 04-003
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18 2004 d
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Reference: E evation drawmgs wit a une I. ate stamD mar mg.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
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 BOARD
CONDITIONS
Comments:
1. None.
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
2. To be determined.
S: \Planning\SHAREDI WP\PROJECTS\Southem Homes of Palm Beach\ Waterside\HTEX 04-003\COA.doc