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 5, 2005 March 14,2005 (Noon.) D June 7, 2005 May 16,2005 (Noon)
~ April 19, 2005 April 4, 2005 (Noon) D June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18,2005 (Noon) D July 5, 2005 June 20, 2005 (Noon)
0 May 17,2005 May 2, 2005 (Noon) D July 19,2005 July 5, 2005 (Noon)
D Administrative D Development Plans
NATURE OF D Consent Agenda D New Business
AGENDA ITEM ~ Public Hearing D Legal
D Bids D Unftnished Business
0 Announcement D Presentation
D City Manager's Report
RECOMMENDATION: Please place this request on the April 19, 2005 City Commission Agenda under Public
Hearing to be combined with the corresponding items for Land Use Amendment and Rezoning. The Conununity
Redevelopment Agency Board reviewed this request on April 12, 2005, and forwards this item with a reconunendation for
approval. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two 2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
N/A
N/A
N/A
Deve10 ment De artment Di City Manager's Signature
.J-~t')~
Planning an Zomng DIrector CIty Attorney / Fmance / Human Resources
S:\Planning\SHARED\ WP\PROJECTS\Boynton Lofts\HTEX 05-001 \Agenda Item Request Boynton Beach Lofts HTEX 05-001 4-l9-05.dot
S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
~LANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05.009
TO:
Chair and Members
Community Redevelopment Agency Board
MIchael Rumpf
Director of PlannIng and Zoning
THRU:
FROM:
Eric Lee Johnson, AICP
Planner
11
DATE:
PROJECT:
February 2,2005
Boynton Beach Lofts I HTEX 05-001
HeIght exception of three (3) feet - two (2) Inches
REQUEST:
PROJECT DESCRlPnON
Property Owner: Mr. LouIs F. MascIa I Boynton Motel, LLC
Applicant: Mr. James A. SeIfert I AddIson Properties of South florida, Incorporated
Agent: Mr. Bradley D. Miller, AICP I Miller Land Planning Consultants, Incorporated
Location: 623 South Federal Highway
ExIsting Land Use: Local Retail Commercial (LRC)
ExIsting Zoning:
CommunIty CommercIal (C-3)
Proposed Land Use: MIxed Use (MX)
Proposed Zoning: Mixed Use-Low IntensIty (MU-L)
Proposed Use:
OffIce
Retail
ResIdential
13,354 square feet
5,364 square feet
48 condomInium unIts
Acreage:
Adjacent Uses:
North: Vacant commercial property dasslfied Local Retail Commercial (LRC) land use and
zoned Community Commercial (C-3);
52,542 square feet (1.21 acres)
South: Developed commercial properties (offices) dasslfled Local Retail Commercial (LRC)
land use and zoned Community Commercial (C-3);
East: Right-Of-way for Federal Highway, then further east Is developed mUlti-family
resIdential (Sterilng Village) dasslfted High DensIty ResIdential (HDR) land use and
zoned Multi-family Residential (R-3);
Page 2
Memorandum No. PZ 05-009
West:
Right-of-way for Southeast 4th Street, then further west is an active park (Pence
Park) classified Recreational (R) land use and zoned Recreation (REe).
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a
mixed-use project. The survey shows that the subject property is currently developed with a one (1)-
story motel building and related parking areas. The intent is to raze the existing building and redevelop
the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At
the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be
five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six
(6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent
upon the approval of this request for height exception and accompanying request to rezone (LUAR 05-
003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L). The district
allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units
per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001)
because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is
to be built within one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45
feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L.
Part of the justification to rezone to MU-L is to provide developers with greater options for development
and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning
districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment
Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of
uses with higher residential densities.
The MU-L zoning district is appropriate for low to mid-rise development that provides for medium density
residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right.
Except as described herein, building heights may exceed that threshold but only as approved via
conditional use. The standards for evaluating a conditional use are different from the standards for
evaluating a height exception.
Land Development 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 citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum
building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot
threshold. However, this project will not be reviewed as a conditional use because the height of the
building (according to the definition of building height) would actually range between 68 feet - eight (8)
Inches and 75 feet, which Is below the 75-foot threshold. Only the top portion of the stairwell would be
higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances
that may exceed the zoning district's height limitation and be eligible for heIght exception review. In this
easel the top of the stairwell is proposed at 78 feet - two (2) Inches In height. The top of the elevator
core would be 76 feet In height. Approval of the height exception request for the stairwell would cover
Page 3
Memorandum No. PZ 05-009
the elevator tower, both of which occur on the east tower. The aforementioned structures would account
for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof
area of the east tower would be 11,416 square feet In area. The size of the roof of the stairwell would be
207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both
appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower.
The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the
operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the
adjacent areas. The applicant claims that the height exception would not adversely effect property values
in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs.
Granting of this height exception does not constitute a special privilege to the current property owner.
RECOMMENDATION
In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the
MU-L zoning district. The City has made every effort to change and create zoning districts (CSD, MU-L,
MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable
residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As
to the issue of height, staff recommends approval of the height exception request of three (3) feet - two
(2) inches. This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height.
Any conditions recommended by the Soard or City Commission would be placed in Exhibit "c" - Conditions
of Approval.
S:IPlanningISHAREOIWPIPROJECTSIBoynton LoftslHTEX OS.001IStaff Repor1.doc
exhibit 'A' - Location Map
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BOYNTON BEACH LOFTS
623 SOUTH rEDERAL HIGHWAY
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BOYNTON BEACH LOFT8
623 SOUTH F'EtlERAL HIOHWA Y
BO'l'NTOll BEACH - FL 33<43&-4935
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: HTEX 05-00 I
Reference: Elevations dated January 18, 2005
I
I Comments: None
DEP ARTMENTS
PUBLIC WORKS
UTILITIES
Comments: None
I Comments
FIRE
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: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None
I INCLUDE I REJECT I
I X I I
x
x
x
x
x
x
x
x
x
Page 2
Boynton Beach Lofts
File No.: HTEX 05-001
I DEP ARTMENTS I INCLUDE I REJECT I
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
1. To be determined.
S:IPlanningISHAREDlWPIPROJECTS\Bo)11ton LoftslHTEX 05-0011COAdoc
MINUTES OF THE REGULAR MEETING OF THE COMMUNITY REDEVELOPMENT
AGENCY, HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH,
FLORIDA, ON THURSDAY, MARCH 17,2005 AT 6:30 P.M
Present:
Jeanne Heavilin, Chairperson
Henderson Tillman, Vice Chair
James Barretta
Alexander DeMarco
Don Fenton
Marie Horenburger
Steve Myott
I. Call to Order
Doug Hutchinson, CRA Director
Ken Spillias, Board Attorney
Susan Vielhauer, Controller
Chairperson Heavilin called the meeting to order at 6:32 p.m.
II. Roll Call
The Recording Secretary called the roll and declared all members were present.
III. Agenda Approval
A. Additions, Deletions, Corrections to the Agenda
Motion
Vice Chair Tillman moved to approve the agenda. Motion seconded by Mr. DeMarco
and unanimously carried.
B. Financial Report
IV. Consent Agenda
C. Consideration of Increasing the Travel Mileage Reimbursement from $.29
per mile to $.405 per mile
D. Consideration of Budget Transfer Request for the 2004-2005 Fiscal Year
Chairperson Heavilin pulled Item IV. D. from the Consent Agenda for discussion
E. Consideration of Fa98de Grant Reimbursement Request for Colonial
Condo Association
F. Consideration of Fa~ade Grant Request for the Boynton Women's Club
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Eric Johnson, Planner, requested that the three items for this project (land use
amendment and rezoning, new site plan and height exception) be heard together.
Motion
Vice Chair Tillman moved to remove the items from the table. Motion seconded by Ms.
Horenburger and unanimously carried.
Land Use Plan Amendment/Rezonino (Tabled to March 17, 2005)
2. Project:
Owner:
Location:
Description:
Boynton Beach Lofts (LUAR 05-003)
(Tabled to March 17,2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Mr. Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request to amend the Future Land Use
designation from Local Retail Commercial
(LRC) to Mixed Use (MX); and
Agent:
Request to rezone from Community
Commercial (C-3) to Mixed-Use Low (MU-L)
Eric Johnson, Planner, presented the items on behalf of staff and displayed the location
of the project on the location map. Staff reviewed the request for the land use and
rezoning and is recommending approval based upon the fact the requested land use
and rezoning is consistent with the Comprehensive Plan and the Federal Highway
Corridor Redevelopment Plan. Policy 1.13.3 of the Comprehensive Plan states that the
City shall continue to encourage infill development and redevelopment by implementing
actions of the Boynton Beach 20/20 Master Plan and the policies contained in the
Coastal Management Element.
Staff reviews Land Use Amendment/rezoning requests based on eight criteria and the
applicant has adequately addressed the eight criteria. The project is located within the
boundaries of the Federal Highway Corridor Study Area #4 that allows for mixed use
land use designations and mixed use low zoning category. They reviewed the project to
insure that adequate public facilities are in place to support the development and the
project has been reviewed for traffic concurrency, utilities, police and fire service,
drainage and school concurrency and the project will comply with all those components
at the time of permitting.
24
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
B. New Site Plan (Tabled to March 17.2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (NWSP 05-008)
(Tabled to March 17, 2005)
Mr. Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for new site plan approval to construct
a mixed-use project consisting of 48 multi-
family dwelling units, 5,364 square feet of retail
and 13,354 square feet of office on a 1.21 acre
parcel in a MU-L zoning district
Mr. Johnson displayed the site plan on the screen and noted the project consisted of
one building, comprised of two towers. There would be a five-story tower on the west
side, fronting on SE 4th Street and a six-story tower on the east side fronting on Federal
Highway. A two-story parking garage would be in the center of the two towers.
C. Heiqht Exception (Tabled to March 17.2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F.2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
The MUL zoning district allows for a maximum height of 75'. The building complies with
the height, but there is a portion of the building that exceeds the 75', which is an
elevator tower. The building itself is less than 75', but the portion that exceeds the 75' is
eligible for a height exception. The applicant is requesting a height exception of 3'2" and
staff has found the request reasonable and is recommending approval.
The project will have two points of ingress and one point of egress. One ingress would
be along Federal Highway and would be an entrance only. Egress would be only on SE
4th Street.
25
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
The project will have 48 dwelling units that would be comprised of one and two bedroom
units that require 85 parking spaces. The project will have 5,364 square feet of retail
space on the bottom floor along Federal Highway and there will be 13,354 square feet
of ground-floor office space fronting SE 4th Street.
Under normal circumstances, 156 parking spaces would be required and the project
would have a deficit of 37 spaces. However, in the mixed use-low zoning district, they
can avail themselves of the Urban Land Institute's shared parking table methodology to
determine how many parking spaces are required. Using this methodology, the project
would require 116 parking spaces. The applicant will be providing 116 parking spaces,
plus three additional ones.
The project complies with the 20% pervious area. The applicant has proposed a large
area of landscaping along Federal Highway and Mr. Johnson displayed the landscape
plan. Staff is recommending that the previous area be decreased in order to create
more of a gathering place that would provide more walking and meeting areas.
Next displayed were the elevations of the project and photos were presented to the
Board. Mr. Johnson reviewed the elevations and stated that the building did comply with
MUL zoning district in terms of height. The building meets all the setback requirements
and requested that the architect discuss the architecture of the building itself. Mr.
Johnson pointed out that in the immediate area there is no "theme" and therefore
compatibility is not an issue.
There are 56 conditions of approval and Mr. Johnson stated the applicant agreed to all
56 conditions. There are no conditions of approval for the height exception and staff is
recommending approval of the land use amendment/rezoning. Mr. Johnson concluded
that the project would provide an economic contribution to the neighborhood and the
City.
Bradley Miller, of Miller Land Planning Consultants, represented the applicant,
Addison Properties of South Florida. Mr. Miller will address the three items
simultaneously. Also present with Mr. Miller was Francesco Perez, the architect of the
project, along with James Seifert of Addison Properties. Mr. Miller reviewed the project
as previously presented by staff. He explained that on top of the second story of the
garage there would be a recreational area for the residents of the community. The
recreational area would include a pool, cabana and landscaping that will provide a nice
area for the residents of the residential units.
Mr. Miller reviewed the colors of the building. The need for the height exception is due
to the elevator shaft and stairwells and is only required in one area. Only 2% % of the
entire roof area would exceed the 75' height limit. This would provide access for fire
apparatus to the roofline.
26
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Mr. Miller reviewed the architecture of the buildings and noted the project has been
modified as a result of receiving input from staff and some of the Board members.
Features that have been added to the elevations include a cornice at the top of the
building, awnings above the balconies on the top floor of the building, some balconies
have been opened up, and they used more railing. Additional windows have been
introduced and the solid wall on the side of the building has been opened up to expose
the stairwell for visual relief on that side.
Similar features have been introduced on the Federal Highway side that Mr. Miller
reviewed. They have opened up the project to make it more visual.
Mr. Miller concurred with all 56 staff conditions and comments included in the staff
report. He noted a great majority of the comments relate to permit issues or are required
by another agency.
Mr. Myott inquired why comment #56 was still in the staff report that reads, "staff
recommends adding more architectural elements and accents to all facades to enhance
the overall appearance of the building." Mr. Myott inquired if this comment should be
removed from the comments.
Mr. Johnson responded that the applicant has not formally resubmitted revised plans.
Therefore, for the record, the plans being reviewed tonight reflect what the project is.
What Mr. Miller has presented and what he has shown staff are some enhancements
that will satisfy the Board's demands. Mr. Johnson was of the opinion that what the
applicant presented would satisfy condition #56, but he recommended it remain in the
conditions of approval until the plans are submitted to staff.
Mr. Barretta did not think that the enhancements addressed comment #56 because
comment #56 states architectural elements should be added to all facades and this has
not been presented for the two long facades where the garage is located. Mr. Barretta
felt comment #56 left the project open to a staff negotiated design that mayor may not
look like what was being presented tonight.
Mr. Barretta noted staff comment #55 states that aluminum framework inside the
"window" openings of the parking garage in order to enhance their appearance be
added. If the Board approves the project tonight, they will have no way to know what
the parking garage would look like. Recommendation #54 recommends installing more
brick pavers in the front to increase the size of the pedestrian/public gathering space,
which means the site plan would change. Mr. Barretta was opposed to approving a site
plan they would not know how it would look since this is negotiated with staff and
referred to several other staff conditions that would change the look of the project.
Mr. Barretta felt comment #47 appeared that staff wants the applicant to match the
quantities of the landscaping plan with the tabular data, which he equated to mean that
staff had some doubt what was presented would meet what was on the tabular data.
27
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
To Mr. Barretta, there were too many open-ended conditions for this Board to approve
the project tonight. He noted he had requested that the Board have an opportunity to
meet with staff to discuss these kind of open-ended conditions and he would
recommend the project be tabled and sent back to staff to readdress the conditions of
approval. Mr. Barretta will withhold his motion to table to allow the other members to
speak.
Mr. Francesco Perez, the architect, disagreed with Mr. Barretta comments and
requested he be allowed to address them. He met with Mr. Barretta and specifically
addressed his concerns and Mr. Barretta told him he was agreeable with the way they
were approaching the project. With regard to Comment #42 addressing the revised
massing model was made because the massing model showed that the two towers
exceeded the 75', which is not the case. Staff is requesting that they accurately show
that only one tower exceeds 75'. Mr. Perez did not consider staff comments to be loose
ends.
Regarding the tabular data for the landscape plan, this does not change the project and
he did not feel that the project should not be approved because of some tabular data.
With regard to comment #54 regarding staff's recommendation to install more brick
pavers, this has been reviewed with staff. He does not feel that adding some brick
pavers would significantly change the site plan, nor the look of the project. They have
done a good job with the project and have agreed to all staff conditions.
With regard to comment #55, the aluminum framing, this has been provided and is
included in the drawings submitted. In comment #56 where staff recommends more
architectural elements, they have also complied with this comment.
Mr. Barretta disagreed with Mr. Perez's comment that he met with him and addressed
his comments. Mr. Barretta stated that he met with Mr. Perez twice and felt that Mr.
Perez ignored his comments. He never told Mr. Perez that his comments were
addressed. Mr. Barretta would vote against the project because his comments
regarding the parking garage have been ignored. Mr. Barretta is recommending the
project be sent back to address the open-ended comments.
Discussion ensued regarding comment #43 dealing with the massing model. Mr. Miller
stated that the plans were prepared in accordance with the step back. Mr. Johnson
stated that this comment merely means that the dimensions of the step back need to be
shown on the massing model, which does not change the design of the building. Mr.
Johnson further stated if the dimensions meet code, there should be no problem and it
appears that the dimensions do meet code.
Mr. Miller stated the grillwork for the parking garage has been submitted and they have
addressed the sides of the building by opening up the stairwells and have provided
more windows on the north and south sides.
28
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Members offered their individual views of the project and several members felt that the
windows needed more treatment.
Mr. DeMarco inquired if the applicant was complying with staff recommendations. Mr.
Johnson responded that staff recommendations are not required by code and the
applicant and staff have had discussions and stated that they agreed with all
recommendations. Mr. Johnson explained that when a project goes through the
Technical Review Committee that is when these issues are addressed. Staff makes
recommendations to make a better project and staff feels that the recommendations
would make the project better. He pointed out that the applicant is in agreement with
those recommendations.
Motion
Mr. Barretta moved to table the site plan approval to allow the applicant to address staff
conditions and that the site plan come back to the Board without any conditions
because they would have been addressed. Motion seconded by Mr. Fenton
The Recording Secretary called the roll and the motion to table the site plan carried 4-3
(Chairperson Heavilin, Mr. DeMarco and Mr. Myott dissenting).
Mike Rumpf, Planning and Zoning Director, explained that staff brings the items to the
Board with full knowledge that some of the comments are open-ended. The purpose of
this is to keep a "hook" on the project and it allows the members to interject and
participate in the process. What the Board just did was not provide staff with specific
comments and direction, but sent everything back to the drawing board to begin all over
again.
Mr. Barretta stated that at the CRA retreat they discussed the availability of a petitioner
being able to come before the CRA Board for preliminary review for specific comments.
Mr. Miller requested that they be provided with some specific direction and Chairperson
Heavilin explained that the item has been tabled and therefore it cannot be discussed
any further. Individual Board members, however, could convey their concerns to the
applicant.
Chairperson Heavilin opened the public hearing on the Future Land Use designation for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request to rezone from
Community Commercial (C-3) to Mixed-Use Low (MU-L) for Boynton Beach Lofts.
Since no one wished to speak, the public hearing was closed.
Chairperson Heavilin opened the public hearing on the request for height exception for
Boynton Beach Lofts. Since no one wished to speak, the public hearing was closed.
29
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
Motion
Ms. Horenburger moved to approve the request to amend the Future Land Use
designation from Local Retail Commercial (LRC) to Mixed Use (MX). Motion seconded
by Mr. Barretta and unanimously carried.
Motion
Ms. Horenburger moved to approve the request to rezone from Community Commercial
(C-3) to Mixed-Used Low (MU-L) with the restriction on retail uses. Motion seconded by
Vice Chair Tillman and unanimously carried.
Motion
Ms. Horenburger moved to approve the request for a height exception for three (3) feet-
two (2) inches. Motion seconded by Mr. Barretta.
Chairperson Heavilin questioned if the height exception should be approved without site
plan approval.
Mr. Hutchinson stated that the remainder of the meeting would have to be continued.
He recommended that the height exception, along with the site plan, be tabled to a
future date and perhaps the items could be brought back to the continued meeting
along with the site plan. It was noted that the site plan had already been tabled.
After discussion, it was determined to continue the meeting to Wednesday, March
23, 2005 at 6:30 p.m. in Commission Chambers.
Motion
Ms. Horenburger withdrew her motion to approve the request for a height exception and
Mr. Barretta withdrew his second of the motion.
Motion
Ms. Horenburger moved to table the height exception for consideration with the site
plan. Motion seconded by Vice Chair Tillman and unanimously carried.
Attorney Spillias noted that Mr. Barretta's motion was to table the site plan and send it
back to staff. Therefore, it needs to be determined if staff and the applicant could get
together before Wednesday to address the issues that were raised.
Mr. Rumpf stated that staff needed direction. It was just stated that the applicant would
be given time to meet with the individual Board members for their direction regarding
the site plan. He did not think there was enough time between now and Wednesday for
30
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
staff to meet with the applicant to review revisions and reformulate the site plan in
writing.
Attorney Spillias noted that since Wednesday is a continued meeting, the site plan
would appropriately be on the Board's next regular agenda for April and on Wednesday
the Board would deal with the remainder of the agenda.
2.
Project:
Agent:
Owner:
Location:
Description:
Barr Property (NWSP 04-013 (Tabled to
March 17, 2005 (Addressed previously)
John Barr, Cornerstone Premier Communities
BMVFL-1, Inc.
1801 NE 4th Street
Request new site plan approval for a 180-unit
townhome development on a 9.88 acre parcel
in a proposed PUD zoning district
C. Heiaht Exception (Tabled to March 17,2005)
1.
Project:
Agent:
Owner:
Location:
Description:
Motion
VII. Old Business
Boynton Beach Lofts (HTEX 05-001)
(Tabled to March 17, 2005) (Moved up on
the Agenda)
Bradley Miller, AICP, Miller Land Planning
Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet
- two (2) inches pursuant to the City's Land
Development Regulations, Chapter 2, Zoning,
Section 4.F.2, to allow the mechanical room
housing elevator/stair tower to be 78 feet - two
(2) inches above the 75-foot maximum height
allowed in the Mixed-Use Low (MU-L) zoning
district.
A. Consideration of Direct Incentive Program for Cornerstone Development's
Barr Property Project (Tabled to March 17, 2005) (moved up on the
agenda)
Mr. Barretta moved to continue the meeting to Wednesday, March 23, 2005 at 6:30 p.m.
Motion seconded by Ms. Horenburger and unanimously carried.
31
Meeting Minutes
Community Redevelopment Agency
Boynton Beach, Florida
March 17, 2005
There being no further business the meeting adjourned at 10:50 p.m. and the remainder
of the agenda was continued to March 23, 2005 at 6:30 p.m.
Respectfully submitted,
~H.#~
Barbara M. Madden
Recording Secretary
(March 22, 2005)
32
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
[8j April 5, 2005 March 14,2005 (Noon.) 0 June 7, 2005 May 16, 2005 (Noon)
0 April 19, 2005 April 4, 2005 (Noon) 0 June 21, 2005 June 6, 2005 (Noon)
0 May 3, 2005 April 18, 2005 (Noon) 0 July 5, 2005 June 20, 2005 (Noon)
0 May 17, 2005 May 2, 2005 (Noon) 0 July 19,2005 July 5, 2005 (Noon)
0 Administrative 0 Development Plans
NATURE OF 0 Consent Agenda 0 New Business
AGENDA ITEM [8j Public Hearing 0 Legal
0 Bids 0 UnfInished Business
0 Announcement 0 Presentation
0 City Manager's Report
RECOMMENDATION: Please place this request on the April 5, 2005 City Commission Agenda under Public
Hearing to be combined with the corresponding items for Land Use Amendment and Rezoning. The Conununity
Redevelopment Agency Board forwards this item with the reconunendation for tabling to the City Commission April 19,
2005 meeting, to allow further review and addressing of staff conditions. For further details pertaining to the request, see
attached Department of Development Memorandum No. PZ 05-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two 2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
Develo
City Manager's Signature
~ - .A- IU.L
./ Planning and Zoning Dir~or City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\HTEX 05-00l\Agenda Item Request Boynton Beach Lofts HTEX 05-001 4-5-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING DIVISION
MEMORANDUM NO. PZ 05-009
TO:
ChaIr and Members
CommunIty Redevelopment Agency Board
THRU:
MIchael Rumpf
Director of Planning and Zoning
FROM:
Eric Lee Johnson, AICP
Planner
rf
DATE:
February 2, 2005
PROJECT:
Boynton Beach Lofts / HTEX 05-001
Height exception of three (3) feet - two (2) Inches
REQUEST:
PROJECT DESCRIPTION
Property Owner: Mr. Louis F. Mascia / Boynton Motel, LLC
Applicant: Mr. James A. Seifert / Addison Properties of South Florida, Incorporated
Agent: Mr. Bradley D. Miller, AICP / Miller Land Planning Consultants, Incorporated
Location: 623 South Federal Highway
Existing Land Use: Local Retail Commercial (LRC)
Existing Zoning: Community Commercial (C-3)
Proposed Land Use: Mixed Use (MX)
Proposed Zoning: Mixed Use-Low Intensity (MU-L)
Proposed Use:
Office
Retail
Residential
13,354 square feet
5,364 square feet
48 condominium units
Acreage:
52,542 square feet (1.21 acres)
Adjacent Uses:
North:
Vacant commercial property classified Local Retail Commercial (LRC) land use and
zoned Community Commercial (C-3);
Developed commercial properties (offices) classified Local Retail Commercial (LRC)
land use and zoned Community Commercial (C-3);
Right-Of-way for Federal Highway, then further east Is developed multi-family
residential (Sterling Village) classified High Density Residential (HDR) land use and
zoned Multi-family Residential (R-3);
South:
East:
Page 2
Memorandum No. PZ 05-009
West:
Right-of-way for Southeast 4th Street, then further west is an active park (Pence
Park) classified Recreational (R) land use and zoned Recreation (REC).
BACKGROUND
Mr. Bradley Miller, AICP, agent for the property owner (Boynton Motel, LLC) is requesting to develop a
mixed-use project. The survey shows that the subject property is currently developed with a one (1)-
story motel building and related parking areas. The intent is to raze the existing building and redevelop
the site with a single mixed-use building consisting of two (2) towers and an interior parking garage. At
the roofline, the parking garage would be two (2) stories at 24 feet in height, the west tower would be
five (5) stories at 58 feet in height, and the east tower, proposed along Federal Highway, would be six
(6) stories at 68 feet - eight (8) inches in height. Approval of the site plan, as proposed, is contingent
upon the approval of this request for height exception and accompanying request to rezone (LUAR 05-
003) the property from Community Commercial (C-3) to Mixed-Use Low Intensity (MU-L). The district
allows a maximum height of 75 feet (as a permitted use) and a residential density of 40 dwelling units
per acre for mixed-use projects. The applicant submitted a request for height exception (HTEX 05-001)
because as proposed, a portion of the building would exceed the 75-foot height threshold. The project is
to be built within one (1) phase with an anticipated completion date of January of 2007.
ANALYSIS
The property is currently zoned C-3. The C-3 zoning district allows for a maximum building height of 45
feet. As previously mentioned, the applicant is concurrently requesting to rezone the property to MU-L.
Part of the justification to rezone to MU-L is to provide developers with greater options for development
and redevelopment projects in and around the downtown area. The objective of the mixed-use zoning
districts, in part, is to support and stimulate revitalization efforts in the city's Community Redevelopment
Agency area. Staff recognizes that a viable downtown and surrounding areas would have a mixture of
uses with higher residential densities.
The MU-L zoning district is appropriate for low to mid-rise development that provides for medium density
residential uses. The MU-L zoning district allows for a maximum building height of 75 feet, by right.
Except as described herein, building heights may exceed that threshold but only as approved via
conditional use. The standards for evaluating a conditional use are different from the standards for
evaluating a height exception.
land Development 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 citywide maximum height of 45 feet would
generally limit a typical building to four (4) stories. The MU-L zoning district allows for a maximum
building height by right at 75 feet. The elevations show that a portion of the building exceeds the 75-foot
threshold. However, this project will not be reviewed as a conditional use because the height of the
building (according to the definition of building height) would actually range between 68 feet - eight (8)
Inches and 75 feet, which is below the 75-foot threshold. Only the top portion of the stairwell would be
higher than 75 feet. An emergency stairwell and elevator shaft are the types of building appurtenances
that may exceed the zoning district's height limitation and be eligible for height exception review. In this
case, the top of the stairwell is proposed at 78 feet - two (2) Inches in height. The top of the elevator
core would be 76 feet In height. Approval of the height exception request for the stairwell would cover
Page 3
Memorandum No. PZ 05-009
the elevator tower, both of which occur on the east tower. The aforementioned structures would account
for only a small percentage of the entire roof. In fact, the roof plan (sheet A216) shows that the roof
area of the east tower would be 11,416 square feet in area. The size of the roof of the stairwell would be
207 square feet in area. Likewise, the roof of the elevator core would be 86 square feet in area. Both
appurtenances would be a combined total of 293 square feet or 2.5% of the entire roof of the east tower.
The stairwell would be necessary to provide access to the roof. The elevator core is necessary for the
operation of the elevator. Allowance of these heights would not severely reduce light and / or air in the
adjacent areas. The applicant claims that the height exception would not adversely effect property values
in adjacent areas or adversely influence the living conditions in neighboring communities. Staff concurs.
Granting of this height exception does not constitute a special privilege to the current property owner.
RECOMMENDATION
In the accompanying reports, staff is recommending approval of the site plan and request to rezone to the
MU-L zoning district. The City has made every effort to change and create zoning districts (CBD, MU-L,
MU-H) that will accommodate a mix of uses, innovative and attractive building designs, and viable
residential densities (as determined by the market) to act as a catalyst for downtown redevelopment. As
to the issue of height, staff recommends approval of the height exception request of three (3) feet - two
(2) inches. This would allow the top of the stairwell to be designed at 78 feet - two (2) inches in height.
Any conditions recommended by the Board or City Commission would be placed in Exhibit "c" - Conditions
of Approval.
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623 SOUTH FEDERAL HIGHWAY
BO\'NTON BEACH - FL 33435-<4935
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EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: HTEX 05-001
Reference: Elevations dated January 18. 2005
I DEP ARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS
Comments: None X
UTILITIES
Comments: None X
FIRE
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
Comments: None X
FORESTER/ENVIRONMENTALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. None X
Page 2
Boynton Beach Lofts
File No.: HTEX 05-001
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
1. To be determined.
S. \Planning\SHAREDI WPIPROJECTSIBoynton LoftslHTEX 05.001 \COA.doc
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CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Conunission Date Final Fonn Must be Turned
Meetina: Dates in to City Clerk's Office
Requested City Commission Date Final Form Must be Turned
Meetina: Dates in to City Clerk's Office
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18,2005
November 15,2004 (Noon.)
o February 1,2005
o February 15, 2005
181 March 1,2005
181 March 15,2005
January 17, 2005 (Noon)
December 6, 2004 (Noon)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
February 28,2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
181 Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o Unfinished Business
o Presentation
RECOMMENDATION: Please maintain this request on the March 1, 2005 and March IS, 200S City Connnission
Agendas under Public Hearing to be combined with the corresponding ordinances for Land Use Amendment and Rezoning, as
tabled to the AprilS, 200S meeting. The Community Redevelopment Agency Board postponed review of this item to its
March 17, 2005 meeting, to allow for corrections in required site signage which provides public notification for the public
hearings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ OS-
009.
EXPLANATION:
PROmer:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-(01)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. MascialBoynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator I stair tower to be 78 feet - two (2) inches in height, a
distance oftbree (3) feet - two (2) inches above the 7S-foot maxinnun height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMPACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop t t Dir City Manager's Signature
JuJ G.-./ I
Planning and ~irector City Attomey I Finance I Human Resources
S:\P1annbtg\SHARBD\WP\PROJECTS\Boynton Lofts\HTBX 05-OO1\Agenda Item Request Boiynton Beach Lofts HTBX OS-OOI 3-1 & 3-IS-05.dot
S:\BUUJmN\FoRMS\AOBNDA 1TBM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
D December 7, 2004
D December 21, 2004
D January 4, 2005
D January 18,2005
December 6, 2004 (Noon)
D February 1,2005
D February 15,2005
[gI March 1, 2005
[gI March 15,2005
January 17, 2005 (Noon)
November 15,2004 (Noon.)
January 31,2005 (Noon)
December 20, 2004 (Noon)
February 14, 2005 (Noon)
January 3, 2005 (Noon)
February 28,2005 (Noon)
NATURE OF
AGENDA ITEM
D Administrative
D Consent Agenda
[gI Public Hearing
D Bids
D Announcement
D City Manager's Report
D Development Plans
D New Business
D Legal
D UnfInished Business
D Presentation
RECOMMENDATION: Please maintain this request on the March 1, 2005 and March 15, 2005 City Connnission
Agendas under Public Hearing to be combined with the corresponding ordinances for Land Use Amendment and Rezoning, as
tabled to the April 5, 2005 meeting. The Community Redevelopment Agency Board postponed review of this item to its
March 17, 2005 meeting, to allow for corrections in required site signage which provides public notifIcation for the public
hearings. For further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-
009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMP ACT:
FISCAL IMPACT:
ALTERNATIVES:
Develop t City Manager's Signature
~(J ~,
Planning and g rrector City Attorney / Finance / Human Resources
S:\Planning\SHARED\WP\PROJECTS\Boynton Lofts\HTEX 05-00 1 \Agenda Item Request Boiynton Beach Lofts HTEX 05~01 3-1 & 3-l5-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC
CITY OF BOYNTON BEACH
AGENDA ITEM REQUEST FORM
Requested City Commission Date Final Form Must be Turned
Meeting Dates in to City Clerk's Office
Requested City Commission
Meeting Dates
Date Final Form Must be Turned
in to City Clerk's Office
0 December 7, 2004
0 December 21, 2004
0 January 4, 2005
0 January 18, 2005
December 6, 2004 (Noon)
o February 1, 2005
~ February 15,2005
o March I, 2005
o March 15,2005
January 17, 2005 (Noon)
November 15, 2004 (Noon.)
January 31, 2005 (Noon)
December 20, 2004 (Noon)
February 14,2005 (Noon)
January 3, 2005 (Noon)
February 28, 2005 (Noon)
NATURE OF
AGENDA ITEM
o Administrative
o Consent Agenda
~ Public Hearing
o Bids
o Announcement
o City Manager's Report
o Development Plans
o New Business
o Legal
o UnfInished Business
o Presentation
RECOMMENDATION: Please place this request on the February 15, 2005 City Commission Agenda under
Public Hearing. The Community Redevelopment Agency Board postponed review of this item to its March 17, 2005
meeting, to allow for corrections in required site signage which provides public notification for the public hearings. This item
should be placed on the Commission agenda as advertised, allowing for date certain postponement to AprilS, 2005. For
further details pertaining to the request, see attached Department of Development Memorandum No. PZ 05-009.
EXPLANATION:
PROJECT:
AGENT:
OWNER:
LOCATION:
DESCRIPTION:
Boynton Beach Lofts (HTEX 05-001)
Bradley Miller, AICP, Miller Land Planning Consultants, Inc.
Louis F. Mascia/Boynton Motel LLC
623 South Federal Highway
Request for a height exception of three (3) feet - two (2) inches pursuant to the City's
Land Development Regulations, Chapter 2, Zoning, Section 4.F.2, to allow the
mechanical room housing elevator / stair tower to be 78 feet - two (2) inches in height, a
distance of three (3) feet - two (2) inches above the 75-foot maximum height allowed in
the Mixed-Use Low (MU-L) zoning district.
PROGRAM IMPACT:
FISCAL IMP ACT:
ALTERNATIVES:
N/A
N/A
N/A
City Manager's Signature
Planning and Zoning
S:\Planning\SHARED\ WP\PROJECTS
~
ector City Attorney / Finance / Human Resources
ton Lofts\HTEX 05-00 1 \Agenda Item Request Boiynton Beach Lofts HTEX 05~01 2-l5-05.dot
S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC