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APPLICATION 1=.d~ ! () I ( I ! 0')1.:- I Ruden ~~ McClosky 200 EAST BROWARD BOULEVARD FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLORIDA 33302 (954) 527-2476 FAX. (954) 333-4076 BONNJE.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 Commercial/Retail 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) 16' for a total of 91' 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 (91') will allow architectural variation in the roofline as well as accommodate elevator shafts and stainwell enclosures. WPB:271880:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS' FT. LAUDERDALE' MIAMI' NAPLES' ORLANDO' PORT ST.LUClE . 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 16' 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 16' 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:271880:2 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 16' will not affect adjacent properties. The highest tower elements (at 91') 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 16') 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 WoolbrightlFederal 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 16') will not impact other properties and is consistent with the public welfare. WPB:271880:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT Sf. 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:271880:2 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. CARACAS. FT. LAUDERDALE. MIAMI. NAPLES. ORLANDO. PORT ST. LUCIE. SARASOTA. Sf. PETERSBURG. TALLAHASSEE. TAMPA. WEST PALM BEACH '" PROJECT NAME: Ellipse (Sunshine Square) LOCATION: SW corner of Woolbright Road & Federal Hwy PCN: 08-43-45-33-00-000-1010; 08-43-45-33-14-000-0014; 08-43-45-33-00-000-1500 I FILE NO.: HTEX 07-001 II TYPE OF APPLICATION: I AGENT/CONTACT PERSON: Owner: Sunshine Square CRP LLC Kim Glas-Castro, AICP ADDRESS: 3399 PGA Boulevard, # 800 Ruden McClosky Palm Beach Gardens, FL 33410 ADDRESS: 222 Lakeview Drive # 800 West Palm Beach, FL 33401 FAX: 561-514-3442 PHONE: 561-838-4342 E-Mail: on file SUBMITTAL / RESUBMITTAL 10/17/06 1 ST REVIEW COMMENTS DUE: PUBLIC NOTICE/ SIGNS 30 days / 10 days IPARC: TART MEETING: LEGAL AD PLANNING & DEVELOPMENT BOARD MEETING: COMMUNITY REDEVELOPMENT 11/14/06 AGENCY BOARD CITY COMMISSION MEETING: 12/5/06 COMMENTS: S:\Planning\SHARED\WP\PROJECTS\Sunshine Square\HTEX\2006 PROJECT TRACKING INFO.doc