APPLICATION
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Muvico - Boynton Beach
REQUEST FOR HEIGHT EXCEPTION
There are two features at the theater entry area for which a height exception is
requested.
The first is the pitched roof form of the porte cochere which, at its highest point
is 59'-0".
The second is the two statues flanking the entrance, each at a height of 64'-6".
We are requesting an exception on the following basis:
1) The above features are architectural elements similar to a dome, cupola or
flagpole, which are building elements allowed to exceed the height limit per
paragraph 2 of Section F "HEIGHT LIMITATIONS AND EXCEPTIONS" of
the zoning ordinance.
2) The area of the elements projecting above the 45' height limit is a small
proportion of the total roof area (approximately 7%).
3) These elements face the existing mall and are internally oriented to the
environment of the mall.
4) There will be no adverse effect on the adjacent mall.
5) There will not be a reduction in light and air for the adjacent areas.
6) The height exception will not be detrimental to future development or
adjacent property values.
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P:I CURRENT PROJECTSI0478600 - MUVICO - BOYNTON BEACHIGENERALIREQUEST FOR HEIGHT EXCEPTION,DOC
URS
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12004536.00000
November 30, 2004
- ------------, -,-
Mr. Ed Breese
Principal Planner
City of Boynton Beach
Planning and Zoning Division
100 E. Boynton Beach Blvd.
P.O. Box 310
Boynton Beach, FL 33425-0310
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ZONING DEPT
Re: Boynton Beach Mall - Muvico Addition
Application for Major Modification to Existing Site Plan
Dear Mr. Breese,
Enclosed herewith is our application and site plan submittal as referenced above. This
submittal includes the following:
I. APPLICATION PACKAGE
1. Completed City of Boynton Beach application form - 1 original signed copy.
2. Application fee - check in the amount of $1 ,500.00
3. Twelve sets of 24"x 36" plans, 10 sheets, stapled and folded
4. Colored rendering of Muvico building elevations (not mounted)
5. Letter from Development Design Group, Inc. addressing building height, color
and sign issues.
6. Traffic Analysis per Palm Beach County Traffic Performance Standards, Article
12.
Please note that the Site Plan package includes both an Overall Site Plan, Sheet C-3 and
Muvico Site Plan, Sheet C-4. the overall plan is included to document the reduction in
project size associated with the elimination of Macy's and to demonstrate that the overall
site has sufficient parking to satisfy the combined demand of the remaining retail and the
theater based on their individual Code criteria. Sheet C-4 is the primary site plan for the
areas being changed to accommodate Muvico. It includes sufficient area to encompass
all building, parking area, landscape, grading, drainage, and utility adjustments.
II. HEIGHT EXCEPTION REQUEST
In addition to the items listed above, this application includes a request for a height
exception as provided for in Chapter 2, Section 4.F of the City of Boynton Beach Land
Development Code.. The proposed Muvico building will have an architectural feature
that will exceed 45 feet as discussed in the letter from Muvico's architect, item 5., above.
This architectural feature is consistent with the exception criteria listed in Chapter 2,
Section 4.F.2. It is similar to a dome or cupola as referenced in this section. Further, the
URS Corporation
7650 West Courtney
Campbell Causeway
Tampa, FL 33607-1462
Tel: 813,286,1711
Fax: 813,287,8591
URS
$
Mr. Ed Breese
November 30,2004
Page 2 of3
theater is a "PLACE OF ASSEMBLY" as that term is defined in Chapter 1, Article II.
DEFINITIONS and as such is eligible for consideration under this section. We also
believe that it meets the standards set forth in Chapter 2, Section 4.F.3 a. through i.,
inclusive, as follows:
a. The height exception will not have an adverse effect on the eXlstmg and
proposed land uses. It is located in a landscaped parking lot over 150 ft. from
the nearest adjacent structure.
b. The height exception is integral to the architectural design of the building and
necessary to convey the overall theme. The parapet walls above the 45 foot
elevation provide necessary screening of roof mounted mechanical equipment.
c. As indicated in a., above, the building is over 150 feet from the nearest
adjacent structure and will not "severely reduce light and air in adjacent
areas."
d. If granted, the exception will not be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
More that adequate setbacks will exist on all sides.
e. The exception will not adversely affect property values in adjacent areas.
Property values should be unaffected or increased due to the presence of the
theater in an area that is currently underserved.
f. The exception will not adversely influence living conditions in the
neighborhood. The building's location is substantially screened from all
adjacent neighborhoods by the surrounding commercial development and
landscaped parking areas and retention ponds.
g. The exception would not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare. To the contrary, the
Code anticipates the potential need for height exceptions for structures of this
specific type, i.e., "places of assembly".
h. It is our belief that this application includes sufficient evidence to justify the
need for the exception. Additional information or clarification will be
provided upon request.
i. We understand that this application may be referred to the planning and
development board for recommendation. We will follow the recommendation
of the City Commission in this regard.
III. TRANSPORT ATION AND UTILITIES CONCURRENCY
This submittal also includes a transportation analysis that has been completed in
accordance with the requirements of Article 12, Traffic Performance Standards, of the
Palm Beach County Unified Land Development Code. This replaces the preliminary
traffic concurrency information previously submitted. It also is intended to satisfy
Condition No. 13 (condition number 2 of Resolution number R98-123) of the amended
Boynton Beach Mall DR! Development Order. The study uses the same basic
URS
Mr. Ed Breese
November 30, 2004
Page 3 of3
methodology (Palm Beach County TPS) as the most recently approved update, which
was submitted in 1998.
The results of this analysis indicate that the proposed demolition of the existing Macy's
building and replacement with the Muvico theater and minor retail addition to the mall
will result in less peak hour traffic than the approved project. As such, it should qualify
for exemption from the Traffic Performance Standards in accordance with the criteria set
forth at Chapter A, Section 3 C.5.b. However, as stated above, in response to the
Development Order requirement a complete analysis has been prepared.
Our request for a concurrency exemption for public utilities that was submitted to you
office with our letter of November 4, 2004 remains unchanged.
Based on the City's published review schedule we understand that a Technical Review
Committee Meeting will be scheduled for February 1, 2004 and that comments on this
application will be provided approximately two weeks prior to that date, barring
unforeseen delay and that the Planning and Development Board and City commission
meetings would be on February 22, 2005 and March 1, 2005, respectively. This, again,
assumes no unforeseen delay.
We appreciate the assistance and cooperation we have received from you and all City
staff members we have been in contact with as we prepared this application. Please do
not hesitate to contact us with any questions or additional information requests to assist in
your reVIew.
Sincerely,
URS Corporation Southern
-di:-..4. ~
Thomas A. Marsicano, AICP
Vice President
Development and Planning Services
CC: John Albright, Simon
Bill Ranek, Simon
Marty Mazany, Simon
Bill Boose, Esq.
Margaret Ray Kemper, Esq.
Jim Andreone, DDG, Inc.
PROJECT NAME: Boynton Beach Muvico
LOCATION: Boynton Beach Mall
PCN:
I FILE NO.: HTEX 05-003 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER: Boynton-JCP Associates, L TD>
Thomas Marsciano, AICP ADDRESS: 115 W. Washington St
Vice-President URS Corporation Southern Indianapolis, Indiana 46204
ADDRESS: 7650 West Courtney Campbell FAX: 317-685-7255
Causeway Tampa, FL 33607 PHONE: 317-263-7953
FAX: - 813-287-8591
PHONE: 813-286-1711
SUB MITT AL / RESUBMITT AL 12/1/04
1 ST REVIEW COMMENTS DUE:
PUBLIC NOTICE:
TRC MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
PLANNING & DEVELOPMENT BOARD 2/22/05
MEETING:
COMMUNITY REDEVELOPMENT
AGENCY BOARD
CITY COMMISSION MEETING: 3/1/05
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mal1\MSPM 05-001 Muvico Theatre\HTEX\2004 PROJECT TRACKING INFO,doc