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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 ~ December 5, 2006 November 20,2006 (Noon.) 0 February 20, 2007 February 5,2007 (Noon) 0 January 2, 2007 December 18, 2006 (Noon) 0 March 6, 2007 February 20, 2007 (Noon) 0 January 16, 2007 January 2,2007 (Noon) 0 March 20, 2007 March 5, 2007 (Noon) 0 February 6, 2007 January 16, 2007 (Noon) 0 April 3, 2007 March 19,2007 (Noon) 0 AnnouncementsfPresentations 0 City Manager's Report NATURE OF 0 Administrative 0 New Business AGENDA ITEM 0 Consent Agenda 0 Legal 0 Code Compliance & Legal Settlements 0 UnfInished Business ~ Public Hearing 0 RECOMMENDATION: Please place this tabled item on the December 5,2006 City Commission Agenda under Legal, Ordinance - Second Reading, to follow fmal consideration of the corresponding ordinances for land use amendment and rezoning. For further details pertaining to the request, see attached Department Memorandum No. 06-199. EXPLANATION: PROJECT: AGENT: Ellipse (Sunshine Square) (HTEX 07-001) Bonnie Miskel, Esq. And Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest comer of Federal Highway and Woolbright Road Request for a height exception of 19 feet to allow for a total height of94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roofprof11es, to exceed the maximum building height of75 feet on the MU-L3 zoning district, for a total of 94 feet. OWNERS: LOCATION: DESCRIPTION: PROGRAM IMP ACT: FISCAL IMPACT: ALTERNATIVES: City Manager's Signature j Assistant to City Manager p~ ~ ~tor City Attorney I Fmance S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\HTEX\Agenda Item Request Ellipse (Sunshine Sq) HTEX 07-001 12-5-06.doc S:\BULLET1N\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: bEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06.199 Chair and Members Community Redevelopment Agency Board and City Commission Michael Rump~~ Director of Planning and Zoning Kathleen Zeitler fa Planner November 7,2006 Ellipse / HTEX 07-001 Height Exception Property Owner: Sunshine Square CRP, LLC Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Sunshine Square CRP, LLC Bonnie Miskel, Esq., Kim Glas-Castro, AICP / Ruden McClosky Southwest corner of Woolbright Road and Federal Highway(Exhibit "A") Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use Low-3 (MU-L3) Retail : Office: Residential: 140,449 square feet 13,490 square feet 576 units (18 live/work townhomes) (558 condominiums) 14.42 acres (628,135 square feet) Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not Included in the Ellipse project. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 2 commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental/ Institutional and zoned PU Public Use. BACKGROUND Sunshine Square CRP, LLC proposes to develop a large-scale mixed-use project to replace the dated Sunshine Square shopping center. The subject property is located within Study Area 5 of the Federal Highway Corridor Community Redevelopment Plan, and is currently zoned Mixed Use Low Intensity (MU-L). The applicant is requesting a rezoning from MU-L to the newly adopted Mixed Use Low Intensity-3 (MU-L3) zoning district, and requesting a new site plan in order to construct a mixed use development with the following: 140,449 square feet of retail space (including 20,000 square feet of restaurants), 13,490 square feet of office space, and 576 dwelling units (18 live/work townhouses and 558 condominiums). Approval of this request for height exception will be contingent upon the approval of the accompanying request for a new site plan (NWSP 06-021). PROPOSAL The proposed mixed-use project consists of buildings with six (6) residential floors above a floor of ground- level retail, commercial, and office uses, for a total of seven (7) stories. The proposed buildings would wrap around multi-story parking structures with a minimum clearance of 17 feet. The building elevations submitted indicate a roofline height which varies from 77 feet (all Phases) to 80 feet (Phase nB South only). However, the MU-L3 district allows a maximum building height of 75 feet at the roofline. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.1., Height Umitations and Exceptions, notes that no portion of any structure shall exceed the height except for certain appurtenances on top of a structure such as parapets, cupolas, domes, and electrical and mechanical support systems which may be excepted. Therefore, staff is recommending a condition of approval which requires the building elevations to be revised prior to permitting to comply with the maximum height of 75 feet at the roofline (see Exhibit "C"- COnditions of Approval). The applicant has indicated to staff that they are in agreement with the recommended condition of approval related to building height, and have submitted reduced elevations which revise the roofline height to 75 feet (see Exhibit "B''). The applicant is requesting a height exception of 19 feet to allow for a total of 94 feet of building height to accommodate the additional two (2) to five (5) feet of building, as well as the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B''). The requested height exception will allow architectural variation in the roofline and also conceal elevator shafts and stairwell enclosures. The actual height exception needed upon compliance with the recommended condition of approval would be 14 feet, rather than 19 feet, to allow a total of 89 feet of building height. However, some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting, therefore staff supports the height exception for the requested amount of 19 feet. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 3 ANALYSIS The objective of the mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. 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 premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the MU-L3 zoning district allows for a maximum building height by right at 75 feet. However, building heights in the MU-L3 may be increased to 100 feet, but only as a conditional use, and when located adjacent to MU-H zoning. As a conditional use, it would be evaluated against a different set of standards. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19,2002 defined the building height for mansard and parapet roofs with parapets less than five (5) feet in height, as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. The south building elevation for Phase nB proposes the tallest building within the development, and shows the building would be 80 feet in height at the top of the flat roof. All of the other building elevations (all phases) show the buildings would be 77 feet in height at the top of the flat roof (roofline). This does not comply with the maximum allowable building height of 75 feet in the MU-L3 zoning district. The applicant has demonstrated how the elevations will be revised to comply with the condition of approval prior to permitting (see Exhibit "B"). Certain rooftop elements reach as high as 94 feet or 19 feet above the maximum height threshold. The portions of the roof that require the height exception should consist of parapets, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. Upon compliance with the recommended condition of approval to revise the building height from 80 feet to 75 feet at the roofline, the proposed height would be compatible with the building heights envisioned for the MU-L3 zoning district. The height exception is required to adhere to the standards set forth in Chapter 2, Section 4.F of the Land Development Regulations. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B" - Applicant Letter). The requested height exception will not have an adverse effect on the existing and proposed land uses in the area. The roofline variation provides more of an aesthetic profile than a flat roof. The highest tower elements (at 94 feet) comprise approximately nine (9) percent of the roofline. The lower tower elements (at 85 feet) comprise approximately 17 percent of the roofline. Therefore, the highest points of the building roofs total approximately one- quarter (1/4) of the overall roofline. In addition, the roof profiles (parapets), will shield the centralized equipment areas from viewpoints of adjacent properties. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. Staff feels that the additional height requested would enhance the overall project dynamic, and the exclusion of the additional height would be detrimental to the design of the proposed buildings. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 4 RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for new site plan (NWSP 06-021). The proposed Ellipse project would meet an objective of the CRA by creating a critical mass of upscale development in the downtown area that establishes a pedestrian environment and promotes the local economy. The applicant has demonstrated that the proposed project would meet the criteria as set forth in the Land Development Regulations related to height. The applicant has also agreed to staff's recommended condition of approval to revise building elevations at the time of permitting to reduce the building roofline to 75 feet. Some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting therefore staff supports the height exception for the requested amount of 19 feet. Staff recommends approval of the request for a 19-foot height exception contingent upon satisfying all comments noted in Exhibit "c" _ Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:lPlanningISHAREDlWPIPROJECTSISUNSHINE SQUARElHTEX\Slaff Report.doc LO'CATION MAP, Sunshine Square IMHt:.'T "AlA I I JJl r I III ilLJ,'l.JFI I I 1 IT .; I {O~'...JWU'1 r 1r7 I _ I .' _~.I . Eil~l~nl I' ~J - I Ii I lli!1 . .tjU-~fL__L I .1 I I~ I: ./ -1~~ . ~ ~'t~"i -~~WM ,!l~~ I ~. . i " ,JL <- . . ' 1 I~.' I, - "m '1: "- I I I 'j: ,/ 1I .' SITE . I! I LEr' ~ i : i .! , I. I e--.~ I T'1 --- - 1 ~ ~ . I II .f L'/; , 1'1 -~ ~'l ~ .. I I ' I { == , 110 I ~/ rfr f1Jl1J) 'I I I : I /'e= I 'I J~[hJ!!D-:::- J I I I I I If /'-{./ {1 rut II J ~ Mnl // ! 7'~ II I I!I I!; ~/ ~H ,....,I:..L' i=:= >--, ,-" I I'{ ~ I-.r-{ I ;-'r--- ., I Ifti / " , 'b:L, .'. ! I I JIilllJJJJm I~ ~, I I Ii' .JWUIJI[Lf If! H~ i JT IJ]O) i il ! I I II f~ ~II I w?/ 1Ir- l I ~ ~ ! I I I / .~(;;-~>'\ f, i . ' ,- "'l>~:<" 960 480 o ..:;;:;;:;;:: 1- "1 --- -- ~numrm ~-Ul] III r= (/P l~bc '~=11 L.*=:~-1[ --=::: i[ IL ~M.__, '---I'I\UHR- J - I ~.. rm .......I._lU '-- .--- t-- 960 Feet N A EXHIBIT "B" .. Ruden ~II McClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE. FLORIDA 33302 (954) 527-2476 FAX: (954) 333-4076 BONNIEMISKEL@RUDEN.COM October 12, 2006 Ellipse Height Exception Sunshine Square CRP, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach Community Redevelopment Area ("CRA") is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the southwest comer of Woolbright Road and Federal Highway, and comprises over 14.42 acres (the "Property"), within the CRA. The general use and zoning pattern in the area can be described as follows: Ellipse North: East: South: West: MU-L3 (proposed) C-3 C-3 C-3 PU CommerciallRetail Vacant CommerciallRetail CommerciallRetail Commercial and Residential City utility plant 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 Mixed Use-Low 3 ("MU-L3") zoning district limits heights along arterial roadways, such as Federal Highway, to 75 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. ill general, the Petitioner is proposing six residential floors, above a floor of ground level retail/commercial/office uses, for a total of seven (7) stories or 77' roofline. The City's Code provides for a height of 75' for mixed use projects zoned with the MU-L3 district to provide intensities within the downtown area that will provide synergy between 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) 19' for a total of 94' maximum height to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on tower-like elements. A portion of this height is a result of accommodating sufficient height (17') at the first floor parking deck to accommodate fire truck circulation. The maximum requested height (94') will allow architectural variation in the roofline as well as accommodate elevator shafts and stairwell enclosures. WPB:271880:3 CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA 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 Ellipse project is located within the City's CRA. A general objective of the CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-L3 zoning district is applicable only within the downtown area. This district provides for buildings to attain 75' in height. The requested exception is not applicable to the entire building. Roofline variation and tower elements extend approximately 19' above the roofline. Roof profiles (parapet) extend approximately 4-6' above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than Ellipse. The requested 19' 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 size of the mixed-use project, require the ceilings of the ground floor retail to be lowered and the parking structures to be established as separate, freestanding buildings versus internalized and "wrapped" by screening retail uses, and/or would require a floor of condominium units to be eliminated from each of the buildings. The CRA area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, Ellipse proposes 7-story buildings with the top floor being comprised of condominium units. The requested height is necessary to accommodate the units necessary to allow an economically feasible and well-balanced redevelopment project, while providing pedestrian-oriented amenities (commons) on the ground level. WPB:271880:3 CARACAS. fT. LAUDERDALE . MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE' SARASOTA' ST. PETERSBURG. TALLAHASSEE. TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Page 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The roofline variation provides more aesthetic profile than a flat roof. The proposed exception of 19' will not affect adjacent properties. The highest tower elements (at 94') comprise approximately 9% of the roofline, the lower tower elements (at 85') represent 17% of the roofline; therefore the highest points of the building roofs total approximately a quarter of the overall roofline. The roof profiles (parapet), which extend 4 - 6' above the top of roof, will shield the equipment areas from viewpoints. 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 19') will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the mixed use node at the Woolbright/Federal intersection. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the roofline variations will not adversely affect property values. Rather, the Ellipse 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 downtown 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 is not applicable to lands outside the redevelopment area, and therefore is peculiar to the Property. The proposed 7-story structure is consistent with the vision for mixed-use projects at this gateway intersection. The exception (up to 19') will not impact other properties and is consistent with the public welfare. WPB:271880:3 CARACAS' FT. LAUDERDALE . MIAMI' NAPLES' ORLANDO' PORT Sf. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. Page 4 (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 mixed use, high density projects in the City's redevelopment area, and is permissible pursuant to Section 4.F. The requested building height will accommodate 576 residential units, and commerciaVretaiVoffice uses, at a major mixed use node. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's business core to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WP8:271880:3 CARACAS' fT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT Sf. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSElL, P.A. Ii I I I I , I ! 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I "JJ i f::XHIBIT"B' zo to Ou (::= < .- ::::.: UJ ....J UJ :r: b2 o z <( UJ U) <( :r: tL <( a >- ~- zo oq o~ ~~ ~~ <~ ~a z Qin o Ifll!) ~ ~~ uj t;j!!2 l1.l ~~ t: ~~ m~l-!z ~~~(5 ~Z~ll... ~83:~ <C\!3i: ~+~~ <lImm fg~! ::;<0 ~fIlft: z~!!i i ~ 1----- - !;> ",' I I I I I I I I , I I I I I I I I I I I ~+ ~I :1. "', .0-1; .I)-il a (5 zo oq OlD 'fi';; ><:><: ~~ wa I-Z Qiji ~g lJ)~ ~~ ~~ WW i=ln ffi~ ~~ ad:: ~~ ~lJ)a I- l:1~6~~ z~z~~ g~~~i5 ~<~..JI: ~~+t:!!t:!! w<uijiiji EXHIBIT"B" 9 .... I !" f. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I D (; zo aQ a~ ~-;; ~>.L ;i~ t1Ja 1-6 D- ZI= \fill) 0< ~~ lI..jh ZZ UJ-J I=fii ~W ~x UJ~ ~UJ ~\fi ~~ LLW~I-f- ~~~~~ z~z!2!2 ~~~~~ > _...JI ~~+~~ W<II\fi\1) I::XHIBIT"B" S> ..- (:C + t ~I ~I ~j J 1/ J J ~t ~ ~ jj t J ~ i I , 1+ ,g, I~I If. D ::> ~- ZCl oq O~ ~" ,,~ ~~ ~UJ IUD D- -<I) <I)~ ~Z ;;:;i= IUUJ 1-<1) U"'" <1)- zUJ ~l.'l ::l~ ~~ lU<I)a I- ILIU::>I-Z 1U~~;;:;6 ~~Z~fl.. g~~~~ < < '" -' I fija+~~ .....z __ UJ<U\J)\J) {!: => a (f) !@ UJ ~ :::c lL I::^H'~f r"8" (u EXHIBIT "C" Conditions of Approval Project name: Ellipse File number: HTEX 07-001 Reference: Sheets Al.06 IA. Al.06 IIA. Al.06 m. Al.061IB on 2nd review plans identified as a New Site Plan with an October 17. 2006 Planning & Zoning date stamp marking. DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENTALIST Comments: None X PLANNING AND ZONING Comments: CONDITIONS OF AFPROV AL Ellipse (HTEX 07-001) PAGE 2 DEPARTMENTS INCLUDE REJECT 1. Revise all proposed building elevations prior to permitting to comply with the X maximum building height of 75 feet as measured at the roof line. Site plan approval is contingent upon the approval of a height exception for elements above a roofline height of 75 feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. MWRfkz S :\PlanningISharedl WP\PROJECTS\Sunshine SquareIHTEX ICOA.doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office 0 August I, 2006 July 17,2006 (Noon.) D October 3, 2006 September 18,2006 (Noon) 0 August 15, 2006 July 31,2006 (Noon) D October 17,2006 October 2, 2006 (Noon) 0 September 6, 2006 August 14,2006 (Noon) D November 8, 2006 October 16,2006 (Noon) 0 September 19,2006 September 5, 2006 (Noon) l:8J November 21,2006 November 6,2006 (Noon) 0 Announcements/Presentations D City Manager's Report NATURE OF D Administrative D New Business AGENDA ITEM D Consent Agenda l:8J Legal D Code Compliance & Legal Settlements D UnfInished Business l:8J Public Hearing D RECOMMENDATION: Please place this request on the November 21,2006 City Commission Agenda under Public Hearing, under the corresponding item for rezoning. So that [mal approval of the rezoning changes precedes consideration of this request, staff recommends that this item be heard in conjunction with the public hearing for the rezoning item, but tabled to the December 5, 2006 meeting to follow [mal ordinance consideration. This expeditious process is recommended to allow it to be reviewed in conjunction with the corresponding rezoning item which is being timed for adoption on December 5,2006. The Community Redevelopment Agency Board on November 14,2006, recommended that the subject request be approved. For further details pertaining to the request, see attached Department Memorandum No. 06- 199. EXPLANATION: PROJECT: AGENT: Ellipse (Sunshine Square) (HTEX 07-001) Bonnie Miskel, Esq. And Kim Glas-Castro, AICP, of Ruden McClosky, Smith, Schuster & Russell, P.A. Sunshine Square CRP LLC Southwest corner of Federal Highway and Woolbright Road Request for a height exception of 19 feet to allow for a total height of 94 feet to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profIles, to exceed the maximum building height of75 feet on the MU-L3 zoning district, for a total of 94 feet. OWNERS: LOCATION: DESCRIPTION: PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: N/A Deve?::!ltD~r City Manager's Signature / Assistant to City Manager p?::i:! anf ~ecto' Oty Attorney / Fffiance S:\Planning\SHARED\ WP\PROJECTS\Sunshine Square\HTEX\Agenda Item Request E\1ipse,Sunshine Sq, HTEX 07-00 I 11-21-06.dot S:\BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC TO: THRU: FROM: DATE: PROJECT: REQUEST: bEVELOPMENTDEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 06-199 Chair and Members Community Redevelopment Agency Board and City Commission Michael Rump~~ Director of Planning and Zoning Kathleen Zeitler fa Planner November 7,2006 Ellipse / HTEX 07-001 Height Exception Sunshine Square CRP, LLC Property Owner: Applicant: Agent: Location: Existing Land Use: Existing Zoning: Proposed Land Use: Proposed Zoning: Proposed Uses: Acreage: Adjacent Uses: North: South: Sunshine Square CRP, LLC Bonnie Miskel, Esq., Kim Glas-Castro, AICP / Ruden McClosky Southwest corner of Woolbright Road and Federal Highway(Exhibit "AfT) Local Retail Commercial (LRC) Community Commercial (C-3) Mixed Use (MX) Mixed Use Low-3 (MU-L3) Retail: Office: Residential: 140,449 square feet 13,490 square feet 576 units (18 live/work town homes) (558 condominiums) 14.42 acres (628,135 square feet) Right-of-way of Woolbright Road, then property designated Mixed Use and zoned MU-L Mixed Use-Low Intensity, currently being developed as Uptown Lofts. Approximately 0.48 of an acre of property located at the southwest corner of the intersection of Federal Highway and Woolbright Road contains a gas station and is classified Local Retail Commercial and zoned C-3 Community Commercial. It is not included in the Ellipse project. To the southeast, a parcel of approximately 1 acre classified Local Retail Commercial and zoned C-3 Community Commercial and containing a small strip Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 2 commercial shopping plaza, south of this, the right-of-way of SE 18th Avenue, then developed property classified Local Retail Commercial and zoned C-3 Community Commercial. East: Right-of-way of Federal Highway, then property classified Local Retail Commercial and zoned C-3 Community Commercial and developed as the Riverwalk shopping center. West: Right-of-way of the Florida East Coast railroad, then the City's Utilities Department facilities designated Public and Private Governmental! Institutional and zoned PU Public Use. BACKGROUND Sunshine Square CRP, LLC proposes to develop a large-scale mixed-use project to replace the dated Sunshine Square shopping center. The subject property is located within Study Area 5 of the Federal Highway Corridor Community Redevelopment Plan, and is currently zoned Mixed Use Low Intensity (MU-L). The applicant is requesting a rezoning from MU-L to the newly adopted Mixed Use Low Intensity-3 (MU-L3) zoning district, and requesting a new site plan in order to construct a mixed use development with the following: 140,449 square feet of retail space (including 20,000 square feet of restaurants), 13,490 square feet of office space, and 576 dwelling units (18 live/work townhouses and 558 condominiums). Approval of this request for height exception will be contingent upon the approval of the accompanying request for a new site plan (NWSP 06-021). PROPOSAL The proposed mixed-use project consists of buildings with six (6) residential floors above a floor of ground- level retail, commercial, and office uses, for a total of seven (7) stories. The proposed buildings would wrap around multi-story parking structures with a minimum clearance of 17 feet. The building elevations submitted indicate a roofline height which varies from 77 feet (all Phases) to 80 feet (Phase nB South only). However, the MU-L3 district allows a maximum building height of 75 feet at the roofline. The Land Development Regulations, Chapter 2, Zoning, Section 4.F.1., Height Limitations and Exceptions, notes that no portion of any structure shall exceed the height except for certain appurtenances on top of a structure such as parapets, cupolas, domes, and electrical and mechanical support systems which may be excepted. Therefore, staff is recommending a condition of approval which requires the building elevations to be revised prior to permitting to comply with the maximum height of 75 feet at the roofline (see Exhibit "C" - Conditions of Approval). The applicant has indicated to staff that they are in agreement with the recommended condition of approval related to building height, and have submitted reduced elevations which revise the roofline height to 75 feet (see Exhibit "B''). The applicant is requesting a height exception of 19 feet to allow for a total of 94 feet of building height to accommodate the additional two (2) to five (5) feet of building, as well as the parapet, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B''). The requested height exception will allow architectural variation in the roofline and also conceal elevator shafts and stairwell enclosures. The actual height exception needed upon compliance with the recommended condition of approval would be 14 feet, rather than 19 feet, to allow a total of 89 feet of building height. However, some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting, therefore staff supports the height exception for the requested amount of 19 feet. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 3 ANALYSIS The objective of the mixed use zoning districts, in part, is to support and stimulate revitalization efforts in the city's traditional downtown core area. Staff recognizes that a viable downtown will have a mix of uses with higher residential densities and reasonable building heights. 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 premise for the height exception was predicated on the fact that the maximum allowable height for all zoning districts in the City would be 45 feet, excluding the CBD and Mixed-Use zoning districts. The citywide maximum height of 45 feet would generally limit a typical building to four (4) stories. Similarly, the MU-L3 zoning district allows for a maximum building height by right at 75 feet. However, building heights in the MU-L3 may be increased to 100 feet, but only as a conditional use, and when located adjacent to MU-H zoning. As a conditional use, it would be evaluated against a different set of standards. The City Commission approved a new method for measuring building height based on roof type. Ordinance 02-010, adopted on March 19, 2002 defined the building height for mansard and parapet roofs with parapets less than five (5) feet in height, as measured (in feet) from the finished grade to the top of the deck line. The goal of the new definition was to be consistent with current standards and to allow more flexibility in building design. The south building elevation for Phase lIB proposes the tallest building within the development, and shows the building would be 80 feet in height at the top of the flat roof. All of the other building elevations (all phases) show the buildings would be 77 feet in height at the top of the flat roof (roofline). This does not comply with the maximum allowable building height of 75 feet in the MU-L3 zoning district. The applicant has demonstrated how the elevations will be revised to comply with the condition of approval prior to permitting (see Exhibit "B''). Certain rooftop elements reach as high as 94 feet or 19 feet above the maximum height threshold. The portions of the roof that require the height exception should consist of parapets, rooftop mechanical equipment, elevator shafts, stairwells, and roof profiles, all of which are uninhabitable space. Upon compliance with the recommended condition of approval to revise the building height from 80 feet to 75 feet at the roofline, the proposed height would be compatible with the building heights envisioned for the MU-L3 zoning district. The height exception is required to adhere to the standards set forth in Chapter 2, Section 4.F of the Land Development Regulations. The Applicant has responded affirmatively to all standards for evaluating height exceptions (see Exhibit "B" - Applicant Letter). The requested height exception will not have an adverse effect on the existing and proposed land uses in the area. The roofline variation provides more of an aesthetic profile than a flat roof. The highest tower elements (at 94 feet) comprise approximately nine (9) percent of the roofline. The lower tower elements (at 85 feet) comprise approximately 17 percent of the roofline. Therefore, the highest points of the building roofs total approximately one- quarter (1/4) of the overall roofline. In addition, the roof profiles (parapets), will shield the centralized equipment areas from viewpoints of adjacent properties. As evidenced by previous approvals, this request for height exception would not constitute a grant of special privilege. Staff feels that the additional height requested would enhance the overall project dynamic, and the exclusion of the additional height would be detrimental to the design of the proposed buildings. Memorandum No. PZ 06-199 Ellipse Height Exception HTEX 07-001 Page 4 RECOMMENDATION As previously mentioned, staff generally supports the redevelopment efforts proposed in the accompanying request for new site plan (NWSP 06-021). The proposed Ellipse project would meet an objective of the CRA by creating a critical mass of upscale development in the downtown area that establishes a pedestrian environment and promotes the local economy. The applicant has demonstrated that the proposed project would meet the criteria as set forth in the Land Development Regulations related to height. The applicant has also agreed to staff's recommended condition of approval to revise building elevations at the time of permitting to reduce the building roofline to 75 feet. Some additional height could be needed to accommodate the building redesign for the revised elevations at the time of permitting therefore staff supports the height exception for the requested amount of 19 feet. Staff recommends approval of the request for a 19-foot height exception contingent upon satisfying all comments noted in Exhibit "e" _ Conditions of Approval. Should the Board or City Commission have any additional comments, they will be placed accordingly within Exhibit "C". S:IPlanningISHARED\ WPIPROJ ECTSISUNSH INE SQUARElHTEXlStaff Report.doc LOCATION MAP Sunshine Square 1t*H1I14T "A" I I+,j! ! I iT L!c~1: ~~~FP ii" .ll.1 (;IIMl~-Dp/ ",,'. " I i III' !I .t3~'~fUfV! , 111111: I /--- . . I ~ -'-"i~ --I-~ y~~ ~ i! f ;<,: , Ii',', "IW J ~! ~~IITE l 1 I! I i"'/ I~ II J.! !~l I. I - . ------r-----H'f' .b' " I ~ I 1'1 I III I: _J ~ t I I . I , j I I -~.~ \ /f ! I j Iii I ,I -~,/;! RU - -. !iR i -0 / I /,l j II ' III I I / I [IJ1J1J1JIl' / j I : / /1liJ}!}JJJ) L : : ", :' I rl_~r:o~-- II I. I, I, TI Iff I . [Jj1J]]f. II I II, Ii 1/,1/ I 7r ~ I! i I !I , r I j I: Ifi I i~fr::J :" I "f=- <- >-l:TIlt 'I '::) ~ I 1.--:--1 I I- It!. J I . Yj I _ f-1~ ;- . f- ~. i I ; ( / , ,..I ~ I I / I ::1:;. i I _ . " . tJ J 8, - _! ! I .; I JITillJInm f~ ~'I! JmuIIIIlf I I' I !H~ f1" IT Ji j co . IT10J i i II! I , II r~ \-lllll \'("..)/ ! j i '\ I 11 _ r I i ....;..;;;;:c "{ :3 7J ~ L -- - -:::: ~QrrtD1IIY ~UlIDUi III r:= :> v lr:f I ,~ c=JL .~~[ ~==:-1[ . --=:::: t [ !l-D ~'- j-~== J I I I I - r DtIML-W L I ! j- r-- - 480 o 960 Feet N A 960 EXHIBIT "B" ~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 October 12, 2006 Ellipse Height Exception Sunshine Square CRP, LLC (the "Petitioner"), in conjunction with a proposed mixed-use (retail and condominium) project within the City of Boynton Beach Community Redevelopment Area ("CRA") is requesting an exception from Chapter 2, Section 6.F.5 pertaining to building height. The property is located at the southwest comer of Woolbright Road and Federal Highway, and comprises over 14.42 acres (the "Property"), within the CRA. The general use and zoning pattern in the area can be described as follows: Ellipse North: East: South: West: MU-L3 (proposed) C-3 C-3 C-3 PU CommerciaVRetail Vacant CommerciaVRetail CommerciaVRetail Commercial and Residential City utility plant 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 Mixed Use-Low 3 ("MU-L3") zoning district limits heights along arterial roadways, such as Federal Highway, to 75 feet. The Petitioner is seeking a height exception that would allow a proposed mixed-use project to exceed the aforementioned provisions. In general, the Petitioner is proposing six residential floors, above a floor of ground level retail/commercial/office uses, for a total of seven (7) stories or 77' roofline. The City's Code provides for a height of 75' for mixed use projects zoned with the MU- L3 district to provide intensities within the downtown area that will provide synergy between 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) 19' for a total of 94' maximum height to accommodate the parapet, rooftop mechanical equipment, elevator shafts, stairwells and roof profiles on tower-like elements. A portion of this height is a result of accommodating sufficient height (17') at the first floor parking deck to accommodate fire truck circulation. The maximum requested height (94') will allow architectural variation in the roofline as well as accommodate elevator shafts and stairwell enclosures. WPB:271880:3 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 Ellipse project is located within the City's CRA. A general objective of the CRA is to create a critical mass of upscale development that establishes a pedestrian environment and promotes the local economy. The MU-L3 zoning district is applicable only within the downtown area. This district provides for buildings to attain 75' in height. The requested exception is not applicable to the entire building. Roofline variation and tower elements extend approximately 19' above the roofline. Roof profiles (parapet) extend approximately 4-6' above the roofline. The centralized location of the equipment, as well as the shielding that will be provided by the roof profiles, will prevent it from being obvious from adjacent properties, which are lower in height than Ellipse. The requested 19' 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 size of the mixed-use project, require the ceilings of the ground floor retail to be lowered and the parking structures to be established as separate, freestanding buildings versus internalized and "wrapped" by screening retail uses, and/or would require a floor of condominium units to be eliminated from each of the buildings. The CRA area allows high-rise structures in order allow densities and intensities designed to create synergy between permitted uses. In order to promote quality redevelopment, Ellipse proposes 7 -story buildings with the top floor being comprised of condominium units. The requested height is necessary to accommodate the units necessary to allow an economically feasible and well-balanced redevelopment project, while providing pedestrian-oriented amenities (commons) on the ground level. WPB:271880:3 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 3 (3) Whether the height exception will severely reduce light and air in adjacent areas. The roofline variation provides more aesthetic profile than a flat roof. The proposed exception of 19' will not affect adjacent properties. The highest tower elements (at 94') comprise approximately 9% of the roofline, the lower tower elements (at 85') represent 17% of the roofline; therefore the highest points of the building roofs total approximately a quarter of the overall roofline. The roof profiles (parapet), which extend 4 - 6' above the top of roof, will shield the equipment areas from viewpoints. 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 19') will not be injurious to the surrounding properties or public welfare. The proposed height is compatible with the building heights envisioned for the mixed use node at the Woolbright/Federa1 intersection. (5) Whether the height exception will adversely affect property values in adjacent areas. The requested height of the roofline variations will not adversely affect property values. Rather, the Ellipse 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 downtown 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 is not applicable to lands outside the redevelopment area, and therefore is peculiar to the Property. The proposed 7 -story structure is consistent with the vision for mixed-use projects at this gateway intersection. The exception (up to 19') will not impact other properties and is consistent with the public welfare. WPB:271880:3 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 (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 mixed use, high density projects in the City's redevelopment area, and is permissible pursuant to Section 4.F. The requested building height will accommodate 576 residential units, and commerciaVretail/office uses, at a major mixed use node. The Property is conveniently located in proximity to Downtown businesses and employers; and the proposed project introduces new residents into the City's business core to foster patronage of its businesses and additional economic support for the redevelopment area. Therefore, the requested Height Exception is consistent with the criteria contained in Section 4.F. WPB:271880:3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. fT. LAUDERDALE . MIAMI' NAPLES. ORLANDO' PORT Sf. LUCIE. SARASOTA' ST. 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DEPARTMENTS INCLUDE REJECT PUBLIC WORKS - General Comments: None X PUBLIC WORKS - Traffic Comments: None X ENGINEERING DIVISION Comments: None X UTILITIES Comments: None X FIRE Comments: None X POLICE Comments: None X BUILDING DIVISION Comments: None X PARKS AND RECREATION Comments: None X FORESTER/ENVIRONMENT ALIST Comments: None X PLANNING AND ZONING Comments: CONDITIONS OF APPROVAL Ellipse (HTEX 07-001) PAGE 2 DEPARTMENTS INCLUDE REJECT 1. Revise all proposed building elevations prior to permitting to comply with the X maximum building height of 75 feet as measured at the roof line. Site plan approval is contingent upon the approval of a height exception for elements above a roofline height of 75 feet. ADDITIONAL COMMUNITY REDEVELOPMENT AGENCY COMMENTS: Comments: None X ADDITIONAL CITY COMMISSION COMMENTS: Comments: To be determined. MWR!kz S :\Planning\Shared\ WP\PROJECTS\Sunshine Square\HTEX \COA.doc