REVIEW COMMENTS
TO:
THRU:
FROM:
DATE:
PROJECT:
REQUEST:
DEVELOPMENT 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 [.(2,
Planner
November 7, 2006
Ellipse / HTEX 07-001
Height Exception
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
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 Governmentalj 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 lIB 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 "C" -
Conditions of Approval. Should the Board or City Commission have any additional comments, they will be
placed accordingly within Exhibit "C".
S:IPlanningISHAREDlWPIPROJECTSISUNSHINE SQUARElHTEXlStaff Report.doc
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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
BONN IE. 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
CommerciallRetail
Vacant CommerciallRetail
Commercial/Retail
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.
("AU("A~ . FT I AI JnFRnAI F . MIAMI. NAPI ES . 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/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 ofthe 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
commercial/retail/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 S1. LUCIE' SARASOTA' ST. PETERSBURG' TALLAHASSEE' TAMPA' WEST PALM BEACH
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EXHIBIT"B"
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EXHIBIT "C"
Conditions of Approval
Project name: Ellipse
File number: HTEX 07-001
Reference: Sheets A1.06 IA, A1.06 rIA, A1.06 ill, A1.06 rill on 2nd review plans identified as a New Site Plan
with an October 17, 2006 Planning & Zoning date stamp marking,
I II
DEPARTMENTS INCLUDE REJECT
PUBLIC WORKS - General
Comments: None
PUBLIC WORKS - Traffic
Comments: None
ENGINEERING DIVISION
Comments: None
UTILITIES
Comments: None
FIRE
Comments: None
POLICE
Comments: None
BUILDING DIVISION
Comments: None
PARKS AND RECREATION
Comments: None
FORESTER/ENVIRONMENT ALIST
Comments: None
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
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:
To be determined.
ADDITIONAL CITY COMMISSION COMMENTS:
Comments:
To be determined.
MWR/kz
S:\Planning\Shared\ WP\PROJECTS\Sunshine Square\HTEX \COA.doc