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
D April 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
~ April 19,2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
D May 3, 2005 April 18,2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
D May 17,2005 May 2,2005 (Noon) 0 July 19, 2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF ~ Consent Agenda D New Business
AGENDA ITEM D Public Hearing D Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
,
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Consent
Agenda. The Planning and Development Board recommended that the subject request be approved on March 22,2005.
For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Mall I Muvico (HTEX 05-003)
Thomas Marsicano, AICP, URS Corporation Southern
Boynton, JCP Associates, L TD
Boynton Beach Mall, Macy's Leased Parcel
Request for Height Exception approval of 19 feet-six (6) inches to allow decorative roof-
top statues at a height of 64 feet-six (6) inches in lieu of the maximum of 45-feet allowed
in the C-3 zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo
City Manager's Signature
~ '-~
/' Planning and Zoning D&ctor
City Attorney I Finance I Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\HTEX 05-003\Agenda Item Request Boynton Beach
Mall.Muvico HTEX 05-003 4-19-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-009
TO:
Chairman and Members
Planning & Development Board
THRU:
FROM:
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP ~~
Planner (J
DATE:
March 16, 2005
PROJECT:
Muvico Theatre at Boynton Beach Mall / HTEX 05-003
REQUEST:
Height Exception of 19 feet - six (6) inches
PROJECT DESCRIPTION
Property
Owners:
Boynton JCP Associates, LTD and Macy's East, Incorporated
Applicant:
Mr. Thomas A. Marsicano, AICP / URS Corporation
Location:
301 North Congress Avenue - Macy's leased parcel at the Boynton Beach Mall, located on
the north of Old Boynton Road, just west of Congress Avenue (see Location Map - Exhibit
"A ")
Existing Land
Use:
Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Uses: 79,500 square foot movie theatre (3,646 seats)
17,528 square feet of retail
Acreage: 11.64 acres (Macy's leased parcel)
Adjacent Uses:
North: Immediately north is right-of-way for Boynton C-16 Canal, then further northeast is
developed commercial property with a local Retail Commercial (LRC) land use
classification and zoned Community Commercial (C-3); to the northwest is developed
residential properties with a High Density Residential (HDR) land use classification and
zoned Planned Unit Development (PUD);
South: Immediately south is right-of-way for Old Boynton Road, then further south is developed
commercial properties (Wal-Mart Supercenter) with a Local Retail Commercial (LRC) land
use classification and zoned Community Commercial (C-3);
East: Immediately east are developed commercial properties with a local Retail Commercial
Page 2
Memorandum No. PZ 05-009
(LRC) land use classification and zoned Community Commercial (C-3), then further east
is right-of-way for Congress Avenue, still farther east is undeveloped property with a
Mixed-Use Suburban (MX-S) land use classification and zoned Suburban Mixed-Use
(SMU), to the southeast is undeveloped property with a Local Retail Commercial (LRC)
land use classification zoned Community Commercial (C-3);
West: Developed residential properties with an Palm Beach County Medium Residential (5-units
per acre) land use classification and zoned Residential Single-family (RS).
BACKGROUND
The applicant submitted a request for major site plan modification (MSPM 05-001) approval for the
construction of a stand-alone movie theater and 17,528 square feet of additional commercial space to the
Boynton Beach Mall. The maximum building height in the C-3 zoning district is 45 feet and the building
cannot exceed four (4) stories. The movie theater is proposed as a two (2) story structure and the additional
retail space to the Boynton Beach Mall is proposed as a one (1) story structure. Both the stand-alone movie
theatre and the Boynton Beach Mall expansion areas are under four (4) stories and less than 45 feet in
height, and therefore, meet the C-3 zoning district's height limitation. However, there are some elements
proposed on the movie theatre building that would exceed the 45 foot limitation, and therefore, require the
approval of a height exception.
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 C-3 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 elevation drawings and a note on the floor plan (see "Floor Plan" on accompanying request for major
site plan modification MSPM 05-001) indicates that the movie theatre would be two (2) stories tall.
However, the elevation drawings do not indicate the dimension of the roofline. Regardless, the height of the
roofline must be less than 45 feet (see Exhibit "C" - Conditions of Approval). The applicant has indicated to
staff that the majority of the lower portion of the roofline would be 35 feet - eight (8) inches in height and
the roofline (at the second story) would be 44 feet - four (4) inches in height. Therefore, the proposed
building complies with the maximum allowable building height in the C-3 zoning district. It should be noted
that according to Chapter 2, Section 4.F., "places of assembly" such as movie theatres, are eligible to be
considered for height exceptions. Additionally, the building is proposed with lower and upper level parapet
walls. The dimension at the peak of the lower parapet wall is proposed at 38 feet - eight (8) inches in
height. The height at the peak of the upper parapet wall would be 47 feet - four (4) inches in height.
Parapet walls are not factored into measuring building height as long as said parapet walls are less than five
(5) feet in height and do not reach as high as 50 feet. As such, these parapet walls are not factored into
building height.
However, the elevation drawings show that certain architectural enhancements would exceed the 45-foot
height limitation. These elements would include the pediment and gable roof feature proposed over the
entrance and two (2) decorative statues proposed on the roof. The upper parapet wall on top of the
pediment would reach 59 feet in height. This would exceed the district's height limitation by 14 feet. The
Page 3
Memorandum No. PZ 05-009
top portion of the two (2) decorative statues proposed on the roof (to further the Greek-revival design)
would be 64 feet - six (6) inches in height, or 19 feet - six (6) inches above the district height limitation.
Therefore, if approved, the request for height exception for the decorative statues would also cover the need
for height exception approval of the entrance feature. All aforementioned architectural elements are eligible
to be considered for height exception on places of assembly.
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 to measure the effect or perceived impact, if any that the structure
would have on neighboring properties. When evaluating potential negative impacts, among other criteria,
staff is concerned with the distance of the statues to the nearest single-family zoning district. However, this
is not an issue with this project. The Muvico building would be located on the Macy's leased parcel within
the Boynton Beach Mall site. It is nestled between commercial properties with limited visibility from the
adjacent Congress Avenue corridor and distant from any residential property. In fact, the nearest residential
property is over 500 feet away. Therefore, the decorative statues and parapet wall (proposed on the
pediment) 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 features would serve no other purpose aside from
aesthetic value and appeal. The building could function without the statues or pediment; however, it would
be less interesting and not in keeping with the Greek-revival/Roman theme. Furthermore, granting of this
height exception does not constitute a special privilege to the current property owner. Finally, the exception
would not have an adverse effect on the existing and proposed land uses. It is staff's opinion that the
statues and parapet walls would enhance the overall project dynamic and its exclusion would be detrimental
to the building 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. It should be noted that the subject
application is not the first request for a height exception at the mall. In 1996, the city approved a height
exception request to allow the ultimate Dillard's store to have entrance features at 55 feet - six (6) inches.
Other requests have been approved, that allowed Macy's to be constructed to 51 feet, JC Penny's to have a
cooling tower at 52 feet, and Burdines to have mechanical equipment at 47 feet - six (6) inches.
RECOMMENDATION
Based on the analysis contained herein, staff recommends that this request for a height exception of 19 feet
- six (6) inches be approved for the proposed statues. The height exception for the statues would satisfy
the need for a height exception for the parapet wall of the pediment / porte-cochere on the west elevation
of the theatre. One (1) condition of approval is recommended by staff and any other conditions of approval
recommended by the Board or City Commission will be placed in Exhibit "CIf - Conditions of Approval
accordingly.
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\MSPM 05-001 Muvico Theatre\HTEX OS-003\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name:
File number:
Reference:
Muvico Theatre at Boynton Beach Mall
HTEX 05-003
Elevation drawings with a January 31. 2005 date stamp marking.
I DEP ARTMENTS I INCLUDE I REJECT I
I PUBLIC WORKS I I I
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments:
1. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, X
Section 6.C.). At the time of permitting, the elevations shall indicate the
building height, ensuring compliance with aforementioned code.
ADDITIONAL PLANNING & DEVELOPMENT BOARD COMMENTS:
Comments:
2. None X
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
Page 2
Muvico at Boynton Beach Mall
Height Exception (HTEX 05-003)
DEPARTMENTS INCLUDE REJECT
13, To be determined, I I I
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