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APPLICATION DEVELOPMENT 8. INCORPORATED HEAD OFFICE 7 St.Paul Street Baltimore, Maryland 21202 USA Tel: 410962 0505 Fax: 4107830816 www.ddg-usa.com E-mail: ddg@ddg-usa.com RETAIL ENTERTAINMENT TOWN CENTERS MIXED USE GRAPHICS PLANNING RESIDENTIAL HOSPITALITY 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. FFR - 4 I.Ulb P:I CURRENT PROJECTSI0478600 - MUVICO - BOYNTON BEACHIGENERALIREQUEST FOR HEIGHT EXCEPTION,DOC URS " 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 " : ._; ~..,. iA::L I /_U'~-r " ~---'-Pi.A'N.N I N GANO--.l 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