APPLICATION
I
PROJECT NAME: Casa del Mar
LOCA TION: 2632 N. Federal Hwy.
PCN:
I FILE NO.: HTEX 06-007 II TYPE OF APPLICATION: I
AGENT/CONTACT PERSON: OWNER:
Kim Glas-Castro ADDRESS:
Ruden, McClosky, Smith, Schuster &
Russell, P. A. FAX:
ADDRESS: 222 Lakeview Avenue PHONE:
Suite 800 West Palm Beach, FL 33401
FAX: 561-514-3442
-
PHONE: 561-838-4542
E-Mail: kim.2:lascastrola),ruden.com
SUBMITT AL / RESUBMITT AL 4/19/06
1 ST REVIEW COMMENTS DUE:
PUBLIC /IP ARC NOTICE:
TART MEETING:
LAND DEVELOPMENT SIGNS POSTED
(SITE PLANS):
LEGAL AD:
PLANNING & DEVELOPMENT BOARD
MEETING:
COMMUNITY REDEVELOPMENT 6/13/05
AGENCY BOARD
CITY COMMISSION MEETING: 7/5/06
COMMENTS:
S:\Planning\SHARED\WP\PROJECTS\Casa del Lago\HTEX\2006 PROJECT TRACKING INFO.doc
~I Ruden
~I 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
May 22, 2006
Casa del Mar
Height Exception
Lancore Nursery, LLC (the "Petitioner"), in conjunction with a townhome and
condominium project within the City of Boynton Beach community redevelopment area IS
requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height.
The property is located at the northeast comer of Dimick Road and Federal Highway, and
comprises 4.12 acres, within Planning Area 1. The general use and zoning pattern in the area can
be described as follows:
Casa del Mar
North:
West:
IPUD(proposed)
IPUD
C3 and PUD
Multi-Family Residential
Multi-Family Residential
Commercial and Multi-
Family Residential
Single Family Residential
Water and Single Family
Residential
South:
East:
R1AA
ICWW and RIAA
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 Infill Planned Unit Development ("IPUD") zoning district limits heights to 45
feet.
The Petitioner is seeking a height exception that would allow a proposed four-story
condominium to exceed the aforementioned provisions. The Petitioner is proposing one four-
story building with a pitched, mansard roof that measures 53'6" at the mid-point of stair and
elevator roof and mid-pont of balcony roof. The proposed project is within the CRA. The
City's Code provides for a height of 45' for projects zoned with the IPUD to provide residential
uses in proximity to the downtown area that will provide synergy between downtown 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) 8' 6" for a total of 53' 6" height (at midpoint
of peaked roof) to accommodate rooftop mechanical equipment, elevator shafts, stairwells and
roof profiles on the proposed condominium building. The 3-story townhome buildings are
consistent with height limitations and do not require an exception.
WPB:242218:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES' ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
Page 2
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)
land uses.
Whether the height exception will have an adverse effect on the existing and proposed
The proposed Casa del Mar project is located within the City's CRA. A general objective
of the CRA is to create a transition in intensity from the downtown to single-family
neighborhoods. The proposed condominium building fulfills these objectives and represents the
logical progression of uses that are less intense than the central business district but greater than
surrounding properties. The proposed building will blend well with existing and proposed uses.
Special care has been given to encompass function, style and urban appeal, which makes for a
more harmonious elevation.
The requested exception is not applicable to the entire building. Roof-mounted equipment
located within the central portions of the flat roof will be screened by the parapet. Roof profiles
over the balconies provide shelter and architectural interest on what would otherwise be a flat
fa9ade. The centralized stairs and elevators on the front and rear of the building extend above
the parapet and the gabled roof provides the necessary height to protect these from the elements.
Balcony roofs provide shelter and roofline variation. The requested 8'6" 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 aesthetic quality of the
condominium building. The proposed roof heights are necessary provisions to grant access to
the roof and room to the building's stairwells and elevator shafts, as well as provide cover for the
proposed balcony towers, all of which are important elements of the building elevation in terms
of functionality and aesthetics. A minimal parapet could be provided to screen roof-mounted
equipment, however, the result would be a flat, uninteresting elevation. The proposed gabled-
WPB:242218:2
RU DEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE . SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
Page 3
roof profiles have aesthetic purpose and increase the compatibility of the four-story building with
the surrounding three-story townhomes and nearby two-story single family homes.
(3) Whether the height exception will severely reduce light and air in adjacent areas.
The proposed exception of 8'6" will not affect adjacent properties. The highest points
over the elevator shafts and stairwells are centralized on the rooftop, and not immediately
adjacent to abutting properties. The balcony roofs which are lower in height, similarly, will not
pose a barrier to reduce light or air - they represent subtle changes in the elevation which only
enhance the geometry and spatial appeal of the project. The parapet screens roof-mounted
equipment from view, but will not affect other properties.
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 8'6") will not be injurious to the
surrounding properties or public welfare. The proposed height is compatible with the building
heights envisioned for the Special High Density Residential land use category.
(5) Whether the height exception will adversely affect property values in adjacent areas.
The requested height of the elevator/stairwell areas, parapet, and balcony roof profiles
will not adversely affect property values. Rather, the Casa del Mar 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 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 does not establish a substantial mass increase and is not
applicable to the entire building. The maximum height is located at the elevator/stairwell areas
in the central portions of the building. The balcony roof profiles are only 51' in height and only
located over the balcony elements. The gabled roof elements provide a better, more
WPB:242218:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Page 4
aesthetically-pleasing architectural solution to screening elevator/stairwell areas and providing
protection from weather.
The exception (up to 8'6") will not impact other properties and is consistent with the public
welfare.
(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
infill redevelopment projects in the eRA, and is permissible pursuant to Section 4.F.
The requested building height will accommodate the elevator/stairwell areas, screen
mechanical equipment, and provide shelter for ten (10) fourth-story balconies. The result is an
aesthetic, varied roofline that provides interest to each building fa<;ade. The requested height
exception will promote function, style and urban appeal, and increase the four-story building's
compatibility and harmonious relationship to abutting buildings.
Therefore, the requested Height Exception is consistent with the criteria contained
in Section 4.F.
WPB:242218:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
~I Ruden
~I McClosky
222 LAKEVIEW AVENUE
SUITE 800
WEST PALM BEACH. FLORIDA 33401
(561) 838-4542
FAX: (561) 514-3442
KIM.GLASCASTRO@RUDEN.COM
"1
April 18, 2006
To:
Ed Breese, AICP
l_j ~ '
APR I 9 ,~
From: Kim Glas-Castro, AICP
L_
'" ~;, ~ ~' :' .': r
\-, \-
r "
RE: Casa del Lago - Height Exception
Enclosed you will find twelve (12) copies of revised building elevations for the
condominium building that depicts the height measured to the mid-point of the pitched roof
elements. Also enclosed you will find a check for $250 and a justification for a height exception.
~
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST.LUClE . SARASOTA. ST. PETERSBURG. TAllAHASSEE. TAMPA. WEST PALM BEACH
.. '
;
~I Ruden
~I McClosky
200 EAST BROWARD BOULEVARD
FORT LAUDERDALE. FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE. FLORIDA 33302
(954) 527-2476
FAX: (954) 333-4076
BONNIE,MISKEL@RUDEN,COM
April 18,2006
Casa del Lago
Height Exception
Lancore Nursery, LLC (the "Petitioner"), in conjunction with a townhome and
condominium project within the City of Boynton Beach community redevelopment area IS
requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height.
The property is located at the northeast comer of Dimick Road and Federal Highway, and
comprises 4.12 acres, within Planning Area 1. The general use and zoning pattern in the area can
be described as follows:
South:
East:
RlAA
ICWW and RIAA
Multi-Family Residential
Multi-Family Residential
Commercial and Multi-
Family Residential
Single Family Residential
Water and Single Family
Residential
Casa del Lago
North:
West:
IPUD(proposed)
IPUD
C3 and PUD
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 Infill Planned Unit Development ("IPUD") zoning district limits heights to 45
feet.
The Petitioner is seeking a height exception that would allow a proposed four-story
condominium to exceed the aforementioned provisions. The Petitioner is p~ing one four-
story building with a pitched, mansard roof that measures 53 '6" at its ~ point. The
proposed project is within the CRA. The City's Code provides for a height of 45' for projects
zoned with the IPUD to provide residential uses in proximity to the downtown area that will
provide synergy between downtown 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) 8'6" for a total of 53'6" maximum height to accommodate rooftop mechanical
equipment, elevator shafts, stairwells and roof profiles on the proposed condominium building.
The 3-story townhome buildings are consistent with height limitations and do not require an
exception.
WPB:242218:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS' FT. LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT ST. LUCIE . SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
Page 2
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)
land uses.
Whether the height exception will have an adverse effect on the existing and proposed
The proposed Casa del Lago project is located within the City's CRA. A general
objective of the CRA is to create a transition in intensity from the downtown to single-family
neighborhoods. The proposed condominium building fulfills these objectives and represents the
logical progression of uses that are less intense than the central business district but greater than
surrounding properties. The proposed building will blend well with existing and proposed uses.
Special care has been given to encompass function, style and urban appeal, which makes for a
more harmonious elevation.
The requested exception is not applicable to the entire building. Roof-mounted equipment
located within the central portions of the flat roof will be screened by the parapet. Roof profiles
over the balconies provide shelter and architectural interest on what would otherwise be a flat
fa<;ade. The centralized stairs and elevators on the front and rear of the building extend above
the parapet and the gabled roof provides the necessary height to protect these from the elements.
Balcony roofs provide shelter and roofline variation. The requested 8'6" 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 aesthetic quality of the
condominium building. The proposed roof heights are necessary provisions to grant access to
the roof and room to the building's stairwells and elevator shafts, as well as provide cover for the
proposed balcony towers, all of which are important elements of the building elevation in terms
of functionality and aesthetics. A minimal parapet could be provided to screen roof-mounted
equipment, however, the result would be a flat, uninteresting elevation. The proposed gabled-
WPB:242218:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
r
Page 3
roof profiles have aesthetic purpose and increase the compatibility of the four-story building with
the surrounding three-story townhomes and nearby two-story single family homes.
(3) Whether the height exception will severely reduce light and air in adjacent areas.
The proposed exception of 8'6" will not affect adjacent properties. The highest points
over the elevator shafts and stairwells are centralized on the rooftop, and not immediately
adjacent to abutting properties. The balcony roofs which are lower in height, similarly, will not
pose a barrier to reduce light or air - they represent subtle changes in the elevation which only
enhance the geometry and spatial appeal of the project. The parapet screens roof-mounted
equipment from view, but will not affect other properties.
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 8'6") will not be injurious to the
surrounding properties or public welfare. The proposed height is compatible with the building
heights envisioned for the Special High Density Residential land use category.
(5) Whether the height exception will adversely affect property values in adjacent areas.
The requested height of the elevator/stairwell areas, parapet, and balcony roof profiles
will not adversely affect property values. Rather, the Casa del Lago 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 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 does not establish a substantial mass increase and is not
applicable to the entire building. The maximum height is located at the elevator/stairwell areas
in the central portions of the building. The balcony roof profiles are only 51' in height and only
located over the balcony elements. The gabled roof elements provide a better, more
WPB:242218:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
r
Page 4
aesthetically-pleasing architectural solution to screening elevator/stairwell areas and providing
protection from weather.
The exception (up to 8'6") will not impact other properties and is consistent with the public
welfare.
(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
infill redevelopment projects in the eRA, and is permissible pursuant to Section 4.F.
The requested building height will accommodate the elevator/stairwell areas, screen
mechanical equipment, and provide shelter for ten (10) fourth-story balconies. The result is an
aesthetic, varied roofline that provides interest to each building fa9ade. The requested height
exception will promote function, style and urban appeal, and increase the four-story building's
compatibility and harmonious relationship to abutting buildings.
Therefore, the requested Height Exception is consistent with the criteria contained
in Section 4.F.
WPB:242218:1
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. ST. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH
Statement of Interest in Property and Authorization to File Petitions
OCEAN BOULEVARD PROPERTIES, LLC certifies that it is the Owner of the subject
property and authorizes LANCORE NURSERY, LLC, as contract purchaser, and/or RUDEN,
McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A to act as applicant/agent and submit
petitions for land use amendment, rezoning, and site plan approval to the City of Boynton Beach.
This authorization includes all related site plan and permitting considerations, including
necessary variances or technical deviations, concurrency applications and platting requirements.
OCEAN BOULEV ARD PROPERTIES, LLC understands how the proposed land use
amendment and rezoning may affect the subject property.
OCEAN BOULEVARD PROPERTIES, LLC
Signature:
Printed Name:
Address:
2000 S. Ocean Boulevard
ManaIapan, FL 33462
Phone:
State of Florida
County of Palm Beach
The foregoing instrument was acknowledged before me this ~ day of Y11.A'1 ,2006,
by Dirk Ziff, as Managing Member of Ocean Boulevard Properties, LLC and is personally known to me
or who has produced as identification and who did take an oath.
MARY H. KALIL
ftaIuy Public, State of New1blt
Ito. 01KA6115251
Qudfted In Kings County
My Commission Expires Aps;111 , 2001
NOTARY PUBLIC:
Sign: ~\.\ W
Print: (Y)~V) W /(.oC,\,-,
My Commission Expires:
~tt.<l" \l, 200"
Property: 08-43-45-15-01-000-0010, 08-43-45-15-02-000-0080, 08-43-45-15-02-000-0120,
08-43-45-15-02-000-0140, 08-43-45-15-02-000-0160, 08-43-45-15-02-000-0200,
08-43-45-15-02-000-0220
WPB:230497:2