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
0 April 4, 2006 March 20,2006 (Noon,) D June 6, 2006 May 15,2006 (Noon)
0 April 18,2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
0 May 2, 2006 April 17,2006 (Noon) D July 5, 2006 June 19,2006 (Noon)
0 May 16, 2006 May I, 2006 (Noon) [8J July 18, 2006 July 3, 2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM D Public Hearing [8J Legal
D Bids D UnfInished Business
D Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the July 18,2006 City Commission Agenda under Legal,
Ordinance - Second Reading to follow review of the corresponding ordinances for land use amendment and rezoning. The
City Commission tabled this request on July 5, 2006 to allow for fmal action on the corresponding ordinances prior to review
of this height exception item. For further details pertaining to the request, see attached Department Memorandum No. 06-
117.
EXPLANATION:
PROJECT:
AGENT:
Casa del Mar (HTEX 06-007)
Bonnie Miske!, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P .A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request for a height exception of approximately nine (9) feet to allow a mansard roof to
exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53-6") at
its highest point.
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Developmen epartm: nt Director City Manager's Signature
-~ rrl ~
Planning lmd~ctor City Attomey / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\HTEX\Agenda Item Request Casa del Mar HTEX 06-007 7-18-06.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM ,DOC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06.117
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael RU~~
Director of Planning and Zoning
Kathleen Zeitler 1(2-
Planner .
June 6, 2006
Casa Del Mar / HTEX 06-007
Height exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Ocean Boulevard Properties, llC (Dirk Ziff, Managing Member)
lancore Nursery, LLC (Merv McDonald, Managing Member)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith,
Schuster & Russell, P.A.
2632 North Federal Highway (see Location Map - Exhibit "A')
Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density
Residential (LOR)
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family
Residential (R-1AA)
Proposed Land Use: Special High Density Residential (SHDR - max. 20 du/ac)
Proposed Zoning:
Proposed Use:
Aaeage:
Adjacent Uses:
North:
South:
Intill Planned Unit Development (IPUD)
42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre)
4.11 acres (179,130 sf)
To the north, property designated Special High Density Residential (SHDR) and
zoned Infill Planned Unit Development (IPUD), approved tor 30 town homes and
40 condominiums at a density of 19.94 dwelling units per acre (Peninsula at
Boynton Beach);
Rlght-ot-way for Dimick Road, and farther south at the Intersection, a vacant
parcel designated Local Retail Commerdal (LRC) and zoned CommunIty
Commercial (C-3), and several single-family residences on the south side ot
Dimick Road that are designated Low Density Residential (LOR) and zoned
Single-Family Residential (R-1AA);
Page 2
Casa del Mar HTEX 06-007
Memorandum No. PZ 06-117
East:
The Intracoastal WatelWay (ICWW) to the northeast, and to the southeast right-
of-way for lake Drive, and sIngle-family residences on the east side of lake
Drive that are designated Low Density Residential (LOR) and zoned Slngle-
Family Residential (R-1AA); and,
Right-of-way for Federal Highway, and farther west across Federal Highway, the
Crossings PUD designated High Density Residential (HDR) and zoned Planned
Unit Development (PUD).
West:
BACKGROUND
The applicant Is proposing a multi-family residential redevelopment project consisting of 42 fee-slmple
townhouses and 40 condominium units located on the east sIde of Federal Highway near DimIck Road.
The project Is currently pending a land use amendment request (LUAR 06-018) from Local Retail
Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LOR), to the Special
High Density Residential (SHDR) land use classification, and a rezoning request (LUAR 06-018) from
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA), to
the Infill Planned Unit Development (IPUD) zoning district. In addition, the subject property Is also
pending approval of a new site plan (NWSP 06-015) for the townhouse and condominium project.
Approval of the site plan will be contingent upon the approval of the accompanying request for land use
amendment / rezoning (LUAR 06-018).
The Casa del Mar Master Plan / Site Plan proposes a total of 42 townhouses in 11 buildings and a
separate condominium building with 40 units. The requested height exception is applicable only to the
condominium building (see Exhibit "B"). The proposed condominium building is four (4) stories with an
under-story parking garage. The exterior elevations for the condo building indicate the top of the fourth
floor is 45 feet In height. However, above this point the four (4) story condo building will have a flat roof
with a parapet wall of less than five (5) feet to screen rooftop mechanical equipment, as well as pitched
roof profiles. The roof profiles are located only on portions of the building, mainly to accommodate
elevator shafts and stallWells.
Article II. Definitions, Building / Structure Height states that building height for gable or hip roofs Is
measured to the midpoint between the eaves and the ridge. The front building elevation for the condo
building indicates the highest roof profile located above the main entrance will have a. roof height of 53
feet 6-inches measured at the midpoint of the roof. The applicant therefore is requesting a height
exception of nine (9) feet above the maximum building height of 45 feet ailowed in the IPUD zonIng
district.
ANALYSIS
ArtIcle II. Definitions, Building I Structure Height states rooftop penthouses, stallWells, and mechanical
and electrical equipment shall be concealed by or constructed of exterior architectural materials or
features of the same type or quality used on the exterior walls of the main building and may only exceed
the maximum building height pursuant to the provisions of Chapter 2, Section 4.F. of the Land
Development Regulations.
Page 3
Casa del Mar HTEX 06-007
Memorandum No. PZ 06-117
land Development Regulations, Chapter 2, Zoning, Sect/on 4.F.3, Height limitations and exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height Include noncommercial towers, church spires,
domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
In considering an application for exception to the district height regulation, the Oty Commission shall
make findings Indicating the proposed exception has been studied and considered In relation to minimum
standards, where applicable.
The City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
with current standards and to allow more flexibility In building design. Plans Indicate the requested
height exception Is not applicable to the entire roof of the proposed condominium building, only the
portions above the upper balconies and where elevator shafts and stairwells will exist. Building height
for pitched gable or hip roofs Is measured from the finished grade to the midpoint between the eaves and
the ridge. The front building elevation Indicates the highest roof profile loCated above the main entrance
will have a roof height of 53 feet 6-lnches at the midpoint of the pitched roof. Therefore, the applicant Is
requesting a nine (9) foot height exception to the maximum building height of 45 feet.
The objective of the CRA, In part, Is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that Infill residential development along Federal Highway Is desirable, and creates a
transition in intensity from the downtown to single-family neighborhoods. As evidenced by previous
approvals, this request for height exception would not constitute a grant of special privilege, nor would it
impact adjacent properties, due to the small percentage of the overall roof area that is subject to the
height exception. In addition, the building setback from the property line adjacent to Lake Drive coupled
with the actual step-back of the second through fourth floors of the condominium building, and the
landscaping to the south will serve to mitigate the additional height and provide for compatibility with
adjacent properties.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed In the
accompanying requests for land use amendment and rezoning (LUAR 06-018) and the new site plan
(NWSP 06-015) for the Casa del Mar project. Staff is recommending approval of these application
requests and recommends approval of the request for a 9-foot height exception.
Should this request be approved, approval should be contingent upon satisfying all staff 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".
S:\PtannlngISHAREDlWPlPROJECTS\Casa del Mar\HTEX O6-OO7IStafI Report.doc
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EXHIBIT "A" - CASA DEL MAR LOCATION MAP
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EXHIBIT "C"
Conditions of Approval
Project name: Casa del Mar
File number: HTEX 06-007
Reference: Sheets A-3.4. A-3.5. A-2.11 on 3rd review plans identified as a New Site Plan with a May 30. 2006
Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
CONDITIONS OF APPROVAL
Casa del Mar (HTEX 06-007)
PAGE 2
DEPARTMENTS INCLUDE REJECT
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWRIkz
S:\Planning\Shared\WP\PROJECTS\Casa del Mar\HTEX 06-007\COA.doc
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
( Y OF BOYNTON BEACH, FLORI.
PROJECT NAME:
APPLICANT:
APPLICANT'S AGENT:
Cas a del Mar
AGENT'S ADDRESS:
Lancore Nursery, LLC (Merv McDonald, Managing Member)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky,
Smith, Schuster & Russell, P.A.
222 Lakeview Avenue, #800, West Palm Beach, FL 33401
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION:
July 5, 2006
TYPE RELIEF SOUGHT: Request for a height exception of nine (9) feet above the maximum
building height of 45 feet to allow pitched roof profiles to accommodate
elevator shafts and stairwells on a proposed condominium building on
4.11 acres zoned Infill Planned Unit Development (IPUD).
LOCATION OF PROPERTY: 2632 North Federal Highway (east side of Federal Hwy, north of Dimick
Road).
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X THIS MATTER came on to be heard before the City Commission of the "City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief sought by the applicant and heard testimony from the applicant, members of city administrative
staff and the public finds as follows:
1. Application for the relief sought was made by the Applicant in a manner consistent with
the requirements of the City's Land Development Regulations.
2. The Applicant
HAS
HAS NOT
established by substantial competent evidence a basis for the relief requested.
3. The conditions for development requested by the Applicant, administrative staff, or
suggested by the public and supported by substantial competent evidence are as set
forth on Exhibit "C" with notation "Included".
4. The Applicant's application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof.
DENIED
5. This Order shall take effect immediately upon issuance by the City Clerk.
6. All further development on the property shall be made in accordance with the terms
and conditions of this order.
7. Other
DATED:
City Clerk
S:\PIannlngl\SHAREDlWPlPROJECTS\ Casa del Mar\HTEX 06-007\00 .doc
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 4, 2006 March 20, 2006 (Noon,) D June 6, 2006 May 15, 2006 (Noon)
D April 18, 2006 April 3, 2006 (Noon) D June 20, 2006 June 5, 2006 (Noon)
D May 2, 2006 April 17,2006 (Noon) ~ July 5,2006 June 19,2006 (Noon)
D May 16,2006 May 1,2006 (Noon) D July 18, 2006 July 3,2006 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ 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 July 5,2006 City Commission Agenda under Public
Hearing with the corresponding items for land use amendment and rezoning and site plan approval. The Community
Redevelopment Agency Board recommended that the subject request be approved on June 13,2006. Staff recommends that
this item be heard in conjunction with the land use amendment and rezoning and site plan but tabled to the July 18th meeting
for fmal action to follow ordinance approval. For further details pertaining to the request, see attached Department
Memorandum No. 06-117.
EXPLANATION:
PROJECT:
AGENT:
Casa del Mar (HTEX 06-007)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith, Schuster
& Russell, P.A.
Ocean Boulevard Properties, LLC
2632 North Federal Highway (east of Federal Highway, north of Dimick Road)
Request for a height exception of approximately nine (9) feet to allow a mansard roof to
exceed the maximum building height of 45 feet, for a total of 53 feet 6 inches (53-6") at
its highest point.
OWNER:
LOCATION:
DESCRIPTION:
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
City Manager's Signature
ftO ~~
, Planning and Zoning ~ector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Casa del Mar\HTEX\Agenda Item Request Casa del Mar HTEX 06-007 7-5-06,dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM,DQC
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 06-117
Chair and Members
Community Redevelopment Agency Board and City Commission
Michael RU;;tv~
Director of Planning and Zoning
Kathleen Zeitler 'c2..
Planner
June 6, 2006
Casa Del Mar / HTEX 06-007
Height Exception
Property Owner:
Applicant:
Agent:
Location:
Existing Land Use:
Existing Zoning:
Proposed Land Use:
Proposed Zoning:
Proposed Use:
Acreage:
Adjacent Uses:
North:
South:
Ocean Boulevard Properties, LLC (Dirk Zift, Managing Member)
Lancore Nursery, LLC (Merv McDonald, Managing Member)
Bonnie Miskel, Esq., and Kim Glas-Castro, AICP of Ruden, McClosky, Smith,
Schuster & Russell, P.A.
2632 North Federal Highway (see Location Map - Exhibit "A'j
Local Retail Commercial (LRC), High Density Residential (HDR), and Low Density
Residential (LDR)
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family
Residential (R-1AA)
Special High Density Residential (SHDR - max. 20 du/ac)
Infill Planned Unit Development (IPUD)
42 fee-simple townhouse units and 40 condominiums (19.95 dwelling units/acre)
4.11 acres (179,130 sf)
To the north, property designated Special High Density Residential (SHDR) and
zoned Infill Planned Unit Development (IPUD), approved for 30 town homes and
40 condominiums at a density of 19.94 dwelling units per acre (Peninsula at
Boynton Beach);
Right-of-way for Dimick Road, and farther south at the intersection, a vacant
parcel designated Local Retail Commercial (LRC) and zoned Community
Commercial (C-3), and several single-family residences on the south side of
Dimick Road that are designated Low Density Residential (LDR) and zoned
Single-Family Residential (R-1AA);
Page 2
Casa del Mar HTEX 06-007
Memorandum No. PZ 06-117
East:
The Intracoastal Waterway (ICWW) to the northeast, and to the southeast right-
of-way for Lake Drive, and single-family residences on the east side of Lake
Drive that are designated Low Density Residential (LDR) and zoned Single-
Family Residential (R-1AA); and,
West:
Right-of-way for Federal Highway, and farther west across Federal Highway, the
Crossings PUD designated High Density Residential (HDR) and zoned Planned
Unit Development (PUD).
BACKGROUND
The applicant is proposing a multi-family residential redevelopment project consisting of 42 fee-simple
townhouses and 40 condominium units located on the east side of Federal Highway near Dimick Road.
The project is currently pending a land use amendment request (LUAR 06-018) from Local Retail
Commercial (LRC), High Density Residential (HDR), and Low Density Residential (LOR), to the Special
High Density Residential (SHDR) land use classification, and a rezoning request (LUAR 06-018) from
Community Commercial (C-3), Multi-Family Residential (R-3), and Single-Family Residential (R-1AA), to
the Infill Planned Unit Development (IPUD) zoning district. In addition, the subject property is also
pending approval of a new site plan (NWSP 06-015) for the townhouse and condominium project.
Approval of the site plan will be contingent upon the approval of the accompanying request for land use
amendment / rezoning (LUAR 06-018).
The Casa del Mar Master Plan / Site Plan proposes a total of 42 townhouses in 11 buildings and a
separate condominium building with 40 units. The requested height exception is applicable only to the
condominium building (see Exhibit "B"). The proposed condominium building is four (4) stories with an
under-story parking garage. The exterior elevations for the condo building indicate the top of the fourth
floor is 45 feet in height. However, above this point the four (4) story condo building will have a flat roof
with a parapet wall of less than five (5) feet to screen rooftop mechanical equipment, as well as pitched
roof profiles. The roof profiles are located only on portions of the building, mainly to accommodate
elevator shafts and stairwells.
Article II. Definitions, Building / Structure Height states that building height for gable or hip roofs is
measured to the midpoint between the eaves and the ridge. The front building elevation for the condo
building indicates the highest roof profile located above the main entrance will have a roof height of 53
feet 6-inches measured at the midpoint of the roof. The applicant therefore is requesting a height
exception of nine (9) feet above the maximum building height of 45 feet allowed in the IPUD zoning
district.
ANALYSIS
Article II. Definitions, Building / Structure Height states rooftop penthouses, stairwells, and mechanical
and electrical equipment shall be concealed by or constructed of exterior architectural materials or
features of the same type or quality used on the exterior walls of the main building and may only exceed
the maximum building height pursuant to the provisions of Chapter 2, Section 4.F. of the land
Development Regulations.
Page 3
Cas a del Mar HTEX 06-007
Memorandum No. PZ 06-117
Land Development Regulations, Chapter 2, Zoning, Section 4.F.3, Height limitations and Exceptions,
limits all portions of structures to a maximum height of forty-five (45) feet above the minimum finished
floor. Noted exceptions to the maximum building height include noncommercial towers, church spires,
domes, cupolas, flagpoles, electrical and mechanical support systems, parapets, and similar structures.
However, the noted exceptions are allowed only through obtaining approval from the City Commission.
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 City Commission approved a new method for measuring building height based on roof type
(Ordinance 02-010, adopted on March 19, 2002). The goal of the new definition was to be consistent
with current standards and to allow more flexibility in building design. Plans indicate the requested
height exception is not applicable to the entire roof of the proposed condominium building, only the
portions above the upper balconies and where elevator shafts and stairwells will exist. Building height
for pitched gable or hip roofs is measured from the finished grade to the midpoint between the eaves and
the ridge. The front building elevation indicates the highest roof profile located above the main entrance
will have a roof height of 53 feet 6-inches at the midpoint of the pitched roof. Therefore, the applicant is
requesting a nine (9) foot height exception to the maximum building height of 45 feet.
The objective of the CRA, in part, is to support and stimulate revitalization efforts in the heart of the City.
Staff recognizes that infill residential development along Federal Highway is desirable, and creates a
transition in intensity from the downtown to single-family neighborhoods. As evidenced by previous
approvals, this request for height exception would not constitute a grant of special privilege, nor would it
impact adjacent properties, due to the small percentage of the overall roof area that is subject to the
height exception. In addition, the building setback from the property line adjacent to Lake Drive coupled
with the actual step-back of the second through fourth floors of the condominium building, and the
landscaping to the south will serve to mitigate the additional height and provide for compatibility with
adjacent properties.
RECOMMENDATION
As previously mentioned, staff generally supports the redevelopment efforts proposed in the
accompanying requests for land use amendment and rezoning (LUAR 06-018) and the new site plan
(NWSP 06-015) for the Casa del Mar project. Staff is recommending approval of these application
requests and recommends approval of the request for a 9-foot height exception.
Should this request be approved, approval should be contingent upon satisfying all staff 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".
S:IPlanning\sHAREDlWPIPROJECTSICasa del MarIHTEX 06-007\Staff Report.doc
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EXHIBIT "C"
Conditions of Approval
Project name: Casa del Mar
File number: HTEX 06-007
Reference: Sheets A-3.4, A-3.5, A-2.11 on 3rd review plans identified as a New Site Plan with a May 30, 2006
Planning & Zoning date stamp marking.
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None X
PUBLIC WORKS - Traffic
Comments: None X
ENGINEERING DIVISION
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTERJENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
CONDITIONS OF APPROVAL
Cas a del Mar (HTEX 06-007)
PAGE 2
DEPARTMENTS INCLUDE REJECT
COMMUNITY REDEVELOPMENT AGENCY COMMENTS:
Comments:
None X
CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWRIkz
S:\Planning\Shared\WP\PROJECTS\Casa del Mar\HTEX 06-007\COA.doc