REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-146
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael Rumpf
Director of Planning and Zoning
Eric Lee Johnson, AICP r
Planner
August 4/ 2005 .
The Arches / HTEX 05-006
Height Exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Uses:
Acreage:
Adjacent Uses:
North:
South:
East:
Boynton Ventures 1/ LLC
Boynton Ventures 1/ LLC
Ms. Bonnie Miskel and Ms. Kim Glas-Castro with Ruden McClosky
Southwest corner of Ocean Avenue and Federal Highway(Exhibit "A")
Mixed Use (MX)
Mixed Use Core (MX-C)
Central Business District (CBD)
Mixed Use High (MU-H)
Mixed Use Core (MX-C)
Mixed Use High (MU-H)
Retail: 40/596 square feet
Residential: 1 bedroom (240 units)
2 bedroom (138 units)
4.688 acres (204/208 square feet)
Right-of-way for Ocean Avenue and farther north are developed propertie~
zoned Central Business District (CBD);
Right-of-way for Southeast 2nd Avenue and farther south is a developec
commercial plaza zoned Community Commercial (C-3);
Right-of-way for Federal Highway and father east is developed commercia
properties zoned CBD; and
Page 2
Memorandum No, PZ 05-146
West:
Right-of-way for Southeast 4th Street and still farther west is developec
commercial properties zoned CBO.
BACKGROUND
Boynton Ventures I, LLC has assembled many lots within two city blocks in order to develop a large scale
mixed use project. The subject property is located within Study Area III of the Federal Highway Corridor
Community Redevelopment Plan and a portion was previously rezoned (LUAR 03-003) from Central
Business Oistrict (CBO) to Mixed-Use High (MU-H). In addition, the property was also approved for a site
plan (NWSP 03-002) consisting of three (3) buildings ranging from three (3) stories to 10 stories in height.
The previously approved site plan contained 276 dwelling units, 24,296 square feet of retail, 18,169
square feet of office, and 12,699 square feet of restaurant. It should be noted that a portion of an alley on
Block 7 (ABAN 03-002) was also approved to accommodate the aforementioned uses. The project
represented the second "mixed-use" type of development within the MU-H zoning district at the time of its
approval. Since then, Boynton Ventures I, LLC acquired additional property on Block 7 on the Original
Town of Boynton plat. As such, the applicant is now requesting a major site plan modification in order to
construct a total of 378 dwelling units and 40,596 square feet of retail space (combining retail, office, and
restaurant space). The total "commercial" area has been reduced by 14,568 square feet. Approval of the
site plan will be contingent upon the approval of the accompanying request for land use amendment /
rezoning (LUAR 05-008). The modifications now propose two (2) residential towers that are 15 stories tall.
Although the buildings comply with the maximum height as permitted under the MU-H zoning district,
there a certain elements of the building that exceed the 150-foot threshold. Those elements are the
subject of this request for height exception. The height exception would only be required for the two (2)
identical, 15-story buildings (see Exhibit "B").
ANALYSIS
The objective of the CBO and mixed use zoning districts, in part, is to support and stimulate revitalization
efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a
mix of uses with higher residential densities and reasonable building heights. Land Oevelopment
Regulations, Chapter 2, Zoning, Section 4.F.3, Height Limitations and Exceptions, states that in
considering an application for 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 applicant has responded affirmatively to all standards for evaluating
height exceptions (see Exhibit "0" - Applicant Letter). The premise for the height exception was
predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45
feet, excluding the CBO and Mixed-Use zoning districts. The citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. Similarly, the CBO zoning district allows for a
maximum building height by right at 45 feet. However, building heights in the CBO may be increased to
100 feet, but only as a conditional use. As a conditional use, it would be evaluated against a different set
of standards and require public notice. The Mixed-Use Low (MU-L) zoning district allows for a maximum
building height of 75 feet by right. Only the MU-H zoning district allows for a maximum building height of
150 feet by right.
In 2002, the Marina project (MSPM 02-005) was proposed with buildings that were nine (9) stories in
height. The City Commission approved a new method for measuring building height based on roof type.
Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard roofs as
measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was
to be consistent with current standards and to allow more flexibility in building design. Pursuant to
Ordinance 02-010, the nine (9)-story project complied with both the CBO and MU-H zoning district height
Page 3
Memorandum No, PZ 05-146
limitations. In 2003, the project known as "The Residences at Marina Village", the project's most recent
site plan modification (MSPM 03-001), proposed building elevations with the deck line dimensioned at 144
feet in height. In this particular project, the deck line was considered to be the top of the roof deck, or in
other words, the point of the building at which height was measured. The deck line was actually six (6)
feet below the maximum allowable height of 150 feet and therefore, the building met the height
restriction of the MU-H zoning district. However, portions of the mansard roof exceeded 150 feet. Many
portions of the Boynton Beach Marina's roofline reached as high as 168 feet in height, which in turn,
necessitated the need for a height exception.
Staff reviewed the Boynton Beach Marina request in accordance with standards prescribed by Chapter 2,
Zoning, Section 4.F.3, Height Limitations, and Exceptions. Staff argued that the origin of the height
exception was predicated on the fact that 45 feet was the maximum allowable height for all zoning
districts, excluding the CBD and Mixed-Use zoning districts, and that the intent of the height exception
process was to allow for mechanical equipment, elevator towers, and other minor rooftop appurtenances
that would incidentally (due to Building Code related issues) exceed the 45-foot maximum height
limitation. Staff felt that the Boynton Beach Marina project's request for an 18-foot height exception did
not meet the intent of the height exception standards. Staff recommended denial of their request. The
CRA Board reviewed the request but failed to reach consensus on a motion to deny (with a 3 to 3 vote),
resulting in a non-recommendation to the City Commission. The City Commission, however, approved
the applicant's 18-foot height exception request on April 15, 2003.
In June of 2004, a similar mixed-use project known as The Promenade (NWSP 04-009) was proposed in
another area of the MU-H zoning district. The site plan for The Promenade proposed 318 dwelling units,
68 hotel units, 19,200 square feet of retail, and 3,000 square feet of restaurant. All were proposed
within three (3) separate buildings ranging from two (2) stories to 14 stories tall. The Promenade project
requested a 17-foot height exception. Staff reviewed The Promenade height exception request the
Boynton Beach Marina project (HTEX 03-002). Both projects represented similar mixed-use
developments that were recently approved by the City Commission for height exceptions.
The Promenade's request for height exception was similar in many respects to the Boynton Beach Marina.
The elevations showed that the deck line of the Promenade project was 142 feet in height, placing it
eight (8) feet below the maximum allowed by the MU-H zoning district. The applicant affirmatively
addressed all standards for evaluating height exceptions. In the letter, the applicant indicated that the
portions of the buildings (that exceeded the 142 foot roofline) were necessary to hide mechanical
equipment, elevator shafts, and stair shafts. In addition, the roof treatment was necessary to provide
articulation to give the buildings a more desirable aesthetic appearance. Staff concurred that those
building elements were eligible to be considered for height exceptions. The peak of the tallest portion of
the roof was 167 feet in height. This was 17 feet over the maximum allowed by the MU-H zoning district.
No existing buildings in the CBD or citywide were 100 feet tall. The Promenade's request for height
exception was one (1) foot less than what was already approved for the Boynton Beach Marina. Staff
reviewed the Promenade request against the criteria listed in the Land Development Regulations and
determined that it would not have had an adverse effect on existing and proposed land uses and that it
would not have reduced light and air in adjacent areas. Staff recommended approval of the Promenade's
request for height exception. The height exception was subsequently approved by the City Commission
on July 20, 2004. The approval of the Boynton Beach Marina height exception request (HTEX 03-002) set
the precedence upon which subsequent height exception requests have been reviewed.
Prior to 2003, the subject property was zoned Central Business District (CBD). The CBD zoning district
allows for a maximum building height of 45 feet, except for mixed-use type of developments (buildings),
which as a conditional use, may not exceed 100 feet. In June of 2003, the subject property was
Page 4
Memorandum No, PZ 05-146
successfully rezoned from CBD to Mixed Use High (MU-H) pursuant to Ordinance 03-020. The MU-H
zoning district allows for a maximum building height of 150 feet. Part of the justification to rezone to MU-
H was to provide developers with greater options for development and redevelopment projects in the
downtown area.
The elevations show the building would be 150 feet in height and that the top of the parapet wall would
be 154 feet - eight (B) inches in height. This complies with the maximum allowable building height of
the MU-H zoning district. However, certain rooftop elements reach as high as 167 feet, or 17 feet above
the maximum height threshold. According to the applicant, the portion of the roof that would require the
height exception consists of rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles,
all of which are uninhabitable space.
The elevations show the top of the roof profiles are proposed at 161 feet - eight (B) inches in height.
According to the applicant, these architectural enhancements proposed above the main roof area are
decorative in nature and are considered non-habitable space. Roof profiles are eligible for height
exceptions and would provide for better roof articulation that is encouraged by the Urban Design
Guidelines. The applicant also states that roof-mounted equipment would be located within the central
portions of the tower elements (at 167 feet in height). The centralized location of the equipment, as well
as the shielding that would be provided by the roof profiles would prevent them from being obvious from
adjacent properties. The top of elevator shafts and stairwells are the types of roof appurtenances that
should be hidden from public view. Furthermore, the applicant states that the height exception is
necessary to accommodate the units to allow an economically feasible and well-balance redevelopment
project. According to the applicant, the elements that require the height exception would comprise 2,600
square feet in area and would account for approximately one percent (1%) of the total site. The
equipment would be setback 40 feet from East Ocean Avenue and Southeast 2nd Avenue, and 31 feet -
six (6) inches from Federal Highway, and 44 feet from Southeast 4th Street. The proposed height would
be compatible with the building heights envisioned for the MU-H zoning district. As evidenced by
previous approvals, this request for height exception would not constitute a grant of special privilege.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying
request for major site plan modification (MSPM 05-00B). The applicant meets the criteria as set forth in
the Land Development Regulations. Therefore, staff recommends approval of the request for a 17-foot
height exception contingent upon satisfying all comments noted in Exhibit "c" - Conditions of Approval.
Should the Board or City Commission have any additional comments, they will be placed accordingly within
Exhibit "C".
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Conditions of Approval
Project name:
File number:
Reference:
The Promenade
HTEX 05-006
Elevations dated August 2, 2005
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/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments:
1. At the time of permitting, the elevations shall be revised to indicate by note
that the roof profiles (proposed at 161 feet - 8 inches in height) are non-
habitable spaces and are decorative elements,
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
2, To be determined,
Page 2
The Promenade
File No,: HTEX 05-006
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
3, To be determined.
S:IPlanninglSHAREDI WPIPROJECTS\ARCHES @ BBIHTEX 05-0061COAdoc
FVHIBIT 0
~ Ruden
~b McClosky
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 527-2476
FAX: (954) 333-4076
BONN IE. MISKEL@RUDEN.COM
June 20, 2005
The Arches at Boynton Beach
Height Exception
Boynton Ventures I, LLC (the "Petitioner"), in conjunction with a proposed mixed-use
(retail and condominium) project within the City of Boynton Beach downtown area is requesting
an exception from Chapter 2, Section 6.F.5 pertaining to building height.
The property is located at the northwest comer of Ocean Avenue and Federal Highway,
and comprises two city blocks (Block 7 and 12 of the original Town of Boynton Florida plat)
between Ocean Avenue and SE 2nd Avenue (the "Property"), within the Community
Redevelopment Area. The general use and zoning pattern in the area can be described as
follows:
The Arches at Boynton Beach
North:
East:
South:
West:
MU-H (proposed)
CBD
MU-H
CBD
CBD
CommerciallRetail
CommerciallRetail
Mixed Use
CommerciallRetail
City public parking lot
Section 4.F of the City's Zoning Code ("Code") provides for height limitations and
exceptions. Electrical and mechanical support systems, as well as parapets and similar structures
may be erected on top of a structure, above the district height limitations with City Commission
approval. The Mixed Use-High ("MU-H") zoning district limits heights along arterial roadways,
such as Federal Highway, to 150 feet.
The Petitioner is seeking a height exception that would allow a proposed mixed-use
project to exceed the aforementioned provisions. The Petitioner is proposing fourteen residential
floors, above a floor of ground level retail/commercial uses, for a total of fifteen (15) stories or
150' roofline. The proposed project is within the CRA, The City's Code provides for a height of
150' for mixed use projects zoned with the MU-H district to provide intensities within the
downtown area that will provide synergy between uses and enhance economic viability of
downtown businesses. Height exceptions for rooftop mechanical equipment, parapets and
similar structures are permissible, subject to City Commission approval. The Petitioner is
requesting an exception of (up to) 17' for a total of 167' maximum height to accommodate
WPB:206268:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT,LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
EXHIBIT 0
Page 2
rooftop mechanical equipment, elevator shafts, stailWells and roof profiles on the proposed tower
buildings.
As discussed below, approval of the height exception will adhere to the standards set
forth in Section 4.F of the Code. The Petitioner will demonstrate that the height exception:
.
Will not have adverse effect on surrounding land uses;
Is necessary;
Will not severely reduce light and air in adjacent areas;
Will not be a deterrent to the redevelopment of adjacent properties;
Will not adversely affect property values;
Will not adversely influence living conditions in the neighborhood;
Will not constitute a grant of special privilege; and
Is needed for the proposed redevelopment project.
.
.
.
.
.
.
.
(1)
[and uses.
Whether the height exception will have an adverse effect on the existing and proposed
The proposed Arches at Boynton Beach project is located within the City's downtown
and CRA. A general objective of the CRA is to create a critical mass of upscale development that
establishes a pedestrian environment and promotes the local economy. The MU-H zoning
district is applicable only within the downtown area. This district provides for buildings to attain
150' in height. The requested exception is not applicable to the entire building. Roof-mounted
equipment located within the central portions of the tower elements extend approximately 17'
above the roofline. Roofprofiles on the glass tower elements extend approximately 5'8" above
the roofline. The centralized location of the equipment, as well as the shielding that will be
provided by the roof profiles, will prevent it from being obvious from adjacent properties, which
are lower in height than The Arches. The requested 17' exception will not have an adverse effect
on existing or proposed land uses.
(2) Whether the height exception is necessary. .
Conformance with the height provisions would limit the size of the mixed-use project,
require the ground floor of retail to be lowered from just under 15' to 9', and would require a
floor of condominium units to be eliminated from the redevelopment plans. The downtown area
allows high-rise structures in order allow densities and intensities designed to create synergy
between permitted uses. In order to promote quality redevelopment, The Arches at Boynton
Beach proposes a 15th floor, containing 26 condominium units. The requested height is
necessary to accommodate the units necessary to allow an economically feasible and well-
balanced redevelopment project, while providing pedestrian-oriented amenities (plaza) on the
ground level.
WPB:206268:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT,LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST, PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
EXHIBIT 0
Page 3
(3) Whether the height exception will severely reduce light and air in adjacent areas.
The proposed exception of 17' will not affect adjacent properties. The mechanical
equipment, elevator shafts and stairwells ("equipment areas") are centralized on the rooftop. The
subject equipment areas comprise approximately 2,600 s.f. of the roof area, which is just over
1 % of the total site. The equipment areas are setback 40' from Ocean Avenue and SE 2nd
Avenue, 31 '6" from Federal Highway, and 44' from SE 4th Street. In addition to the location of
the equipment areas, the roof profiles on the glass tower elements (parapet), which extend 5'8"
above the top of roof, will also shield the equipment areas from viewpoints.
The requested building height exception will not create shadows or affect air circulation
in a manner that negatively impacts adjacent properties.
(4) Whether the height exception will be a deterrent to the improvement or development
of adjacent property in accord with existing regulations,
The requested height exception does not affect or impact the redevelopment potential of
adjacent properties. The requested exception (up to 17') will not be injurious to the
surrounding properties or public welfare. The proposed height is compatible with the building
heights envisioned for the downtown redevelopment area.
(5) Whether the height exception will adversely affect property values in adjacent areas.
The requested height of the equipment areas and roof profiles will not adversely affect
property values. Rather, The Arches at Boynton Beach redevelopment project will have a
positive impact on property values in the area. This project along with other redevelopment
efforts in the immediate area may spur other property owners to redevelop their parcels with
structures and uses that are more consistent with the downtown vision the City has established
for this portion of the Federal Highway corridor.
(6) Whether the height exception will constitute a grant of a special privilege to an
individual owner as contrasted with the public welfare.
The requested building height is not applicable to lands outside the downtown
redevelopment area, and therefore is peculiar to the Property. The proposed IS-story structure is
consistent with another mixed-use project in the downtown area that is currently under
construction (which has been granted a similar exception greater than 17'in height). The
exception (up to 17') will not impact other properties and is consistent with the public welfare.
WPB:206268:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT, LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
ExHiBIT 0
Page 4
(7) Whether sufficient evidence has been presented to justify the need for a height
exception.
The requested height exception is in keeping with the spirit of the height provisions for
mixed use, high density projects in the downtown area, and is permissible pursuant to Section
4.F.
The requested building height will accommodate 378 residential units, and
commercial/retail uses, in the City's Downtown area. The Property is conveniently located in
proximity to Downtown businesses and employers; and the proposed project introduces new
residents into the City's Downtown to foster patronage of its businesses and additional economic
support for the redevelopment area.
Therefore, the requested Height Exception is consistent with the criteria contained
in Section 4.F.
WPB:206268:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST, LUCIE. SARASOTA. ST, PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH