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