REVIEW COMMENTS
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
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DATE:
February 2, 2005
PROJECT:
Boynton Beach Lofts / HTEX 05-001
REQUEST:
Height Exception of three (3) feet - two (2) inches
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);
South:
Developed commercial properties (offices) classified 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 (Sterling Village) classified 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 (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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BOYNTON BEACH LOFTS
623 SOUTH FEDERAL HIGHWAY
BOYNTON BEACH - Fl 33435-4935
EXHIBIT "e"
Conditions of Approval
Project name: Boynton Beach Lofts
File number: HTEX 05-001
Reference: Elevations dated January 18, 2005
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
ENGINEERING DIVISION
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENTALIST
Comments: None
PLANNING AND ZONING
Comments: None
ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY
COMMENTS:
Comments:
1. To be determined.
Page 2
Boynton Beach Lofts
File No.: HTEX 05-001
DEPARTMENTS INCLUDE REJECT
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
2. To be determined.
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