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REVIEW COMMENTS DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 05-009 TO: Chairman and Members Planning & Development Board FROM: Michael Rumpf Director of Planning and Zoning Eric Lee Johnson, AICP ~ t-. Planner (J THRU: 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, L TD 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 "c" - Conditions of Approval accordingly. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall\M5PM 05-001 Muvico Theatre\HTEX OS-003\Staff Report.doc BOYNTON BEACH MALL LOCATION MAP Exhibit A ~- []1L- ~ l....../ ~ C 2]"\ I ill Gj ~,. t ~! I I T II JE I I .I .... 'I 11. I- III f1i III I frJ il ~ J r- :'( ..... ., l...- I II L T ot_.... 'II - l ~ If L C U.. I- ~III/JVj rff. ..... 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[~[~; ~ ~ ~r ~...~: ;~,,", ~n I";!!]' H.!'l L.~, 01_ !i11! ji11 ~ !j;l. gp rnaH 1ft ~ a M ~ ~ u.. . ! ~ ~.. ~: = , I 2/2/2005 1:5g:03 PM \ \BUO\PLOT -NT\CADNET _8308\OLJFI JF\PR1NTFR~ rt('f' ''''"'''''' ,,>>m P'\ 0IL17s:lC:0I01 M, .... __D __~ u \ (' ^"", ^ ~ EXHIBIT "e" 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. 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 FORESTERJENVIRONMENT ALIST Comments: None PLANNING AND ZONING Comments: 1. The maximum height allowed in the C-3 zoning district is 45 feet (Chapter 2, 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. To be determined. ADDITIONAL CITY COMMISSION COMMENTS: Comments: Page 2 Muvico at Boynton Beach Mall Height Exception (HTEX 05-003) DEPARTMENTS INCLUDE REJECT 3. To be determined. S:lPlanningISHAREDlWPIPROJECTSlBoynton Beach MalllMSPM 05-001 Muvico TheatrelHTEX 05-0031COAdoc Department of Engineering and Public WOrks p,o. Box 21229 West Palm Beach. FL 33416-1229 (561) 684-4000 www.pbcgov.com . Palm Beach County Board of County Commissioners Tony Masilotti. Chairman Addie L Greene. Vice Chairperson Karen T. Marcus Jeff Koons Warren H, Newell Mary McCarty Burt Aaronson County Administrator Robert Weisman "An Equal Opportunity Affirmative Action Employer" @ printed on recycled paper March 9,2005 Mr. Michael W. Rumpf Director of Planning & Zoning Department of Development City of Boynton Beach P,O. Box 310 Boynton Beach, FL 34425-0310 RE: Muvico Theater Addition - Boynton Beach Mall TRAFFIC PERFORMANCE STANDARDS REVIEW Dear Mr. Rumpf: The Palm Beach County Traffic Division has reviewed the traffic study for the redevelopment project entitled; Muvico Theater Addition - Boynton Beach Mall, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach County Land Development Code. This project is summarized as follows: Location: Municipality: Existing Uses: Proposed Uses: NW Quadrant of Congress Avenue and Old Boynton Road Boynton Beach 1,244,449 SF general Retail Demolishing Existing Macy's (169,510 SF General Retail) and replace it with 79,500 SF (3,650 seats) Movie Theater. 1,603 Trip Reduction Trip Reduction New Daily Trips: New PH Trips: Build-out Year: Based on our review, the Traffic Division has determined that the proposed re- development project generates less peak hour trips than the existing uses, and therefore, meets the Traffic Performance Standards of Palm Beach County, No building permits are to be issued by the City, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. The following is also suggested to the City of Boynton Beach: , · Consider implementation of traffic circulation mitigation measures for the links and intersections in the vicinity of the project site, currently being identified and evaluated in the "Central Boynton Beach Regional Traffic Circulation Study", by Kimly-Horn Associates, Potential mitigations include providing new turn-lanes, or extension of storage lengths at exclusive turn lanes at major intersections. If you have any questions regarding this determination, please contact me at 684-4030. Sincerely, ~T~EC Masoud Atefi, MS Sr. Engineer - Traffic Division EER rnl ~ ~ ~B ~ ~ rn " cc: URS Corporation File: General - TPS - Mun - Traffic Study Review F :\TRAFFIC\ma\Admin\Appreovals\D50 133,doc DEPARTMENT OF OEVELOPME Nl I