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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