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601 S. Federal (HTEX 16-001)DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME APPLICANT: 601 S. Federal Mixed Use (HTEX 16 -001) Michael Bertino, 601 S. Federal LLC & 601 SE 4`" Street LLC Development P&Z Building Engineerinj Occ. License Deputy City Clerk APPLICANT'S ADDRESS PO Box 945, Boynton Beach, FL 33425 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: July 5, 2016 APPROVAL SOUGHT: Request for Height Exception approval to allow the elevator tower and mechanical equipment enclosure for the residential portion of the mixed use project to be constructed 10 feet above the maximum allowable height of 65 feet in the MU -1_2 (Mixed Use -Low Intensity 2) zoning district. LOCATION OF PROPERTY: 601 S. Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _/F1AS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby RANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: 7 y Ljw/ Ci ty Clerk S: \Planning \SHARED \wP \PROJECTS \601 S. Federal Mixed Use \HTEX 1'6- 001 \DO.doc EXHIBIT "D" CONDITIONS OF APPROVAL Project Name: 601 S. Federal Mixed Use File number: HTEX 16 -001 Reference: 2nd review plans identified as a New Site Plan with a March 15, 2016 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY / UTILITIES Comments: None. X FIRE Comments: None. X POLICE Comments: None. X BUILDING DIVISION Comments: None. X PARKS AND RECREATION Comments: None. X PLANNING AND ZONING Comments: 1. Approval is subject to approval of the concurrent applications for Land Use & Rezoning and New Site Plan. X COMMUNITY REDEVELOPMENT AGENCY Comments: None. X PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. X 601 S. Federal Mixed Use (HTEX 16 -001) Conditions of Approval Paae 2 of 2 DEPARTMENTS INCLUDE I REJECT CITY COMMISSION CONDITIONS Comments: To be determined. S:\ Planning \SHARED \WP \PROJECTS \601 S. Federal Mixed Use \HTEX 16- 001 \COA after P &D.doc SITE LOCATION MAP 601 S. 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Boynton Beach Boulevard Boynton Beach, FL 33435 Phone ■ (561)736.8838 Fax ■ (561)736.8079 Email ■ millerlandplanning.com Original: March 15, 2016 Pursuant to Chapter 2, Arctic II, Sec. 4.C., this application requests approval of a height exception for the parapet and screening of mechanical equipment that exceed the maximum allowed MU -1-2 zoning district height of 65 feet for Building A of the proposed 601 Federal Highway mixed use project. The building is designed with a flat roof at 65 feet with an elevator shafts that extend above that are screened by the parapet and an architectural element. The maximum height of the parapet that surrounds the building is 4' -3" above the roof line and the architectural element is 9' -7" above the roof line. Accordingly, this application requests the approval of the height exception based on the review criteria and responses to subsection 4.C. outlined below. 3. Review Criteria. 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 the following standards, where applicable: a. On the subject site or surrounding properties, whether the height exception would adversely affect any of the following: 1) light and air; 2) property values; 3) the living conditions; or 4) existing or proposed land uses; The parapet and architectural element are provided as a "finish" to the top of the building and screening of the elevator shafts that extend above the roof line. The architectural element is located in the center portion of the roof. These proposed architectural features enhance the look of the building and will not have adverse affect on the subject site or surrounding properties. b. Whether the height exception would be a deterrent to the development or improvement of adjacent properties in accord with existing regulations; The height exception will allow for the development of this vacant parcel in an area that is promoted by the City for redevelopment. The proposed development will be complimentary to the assisted living facility that is being constructed immediately to the south with a building with similar height. The height exception will not be a deterrent to development or improvement of adjacent properties. 601 S. Federal Highway 2 Height Exception y= Wrch 15, 2016 c. Whether the height exception would contribute to the architectural character and form of the proposed project; As indicated above, the parapet and architectural element provide a "finish" to the top of the building and provide screening to the elevator shafts. These features certainly do contribute to the architectural character of the building and project. d. Whether the height exception would positively contribute to the city's desired image, street scape design, or recommendation of any applicable redevelopment plan; The project is designed based on the design standards and guidelines of the City and CRA. The height exception assists in that design. e. Whether the height exception would contribute, incentivize, or serve as a catalyst for sustainable development and other green initiatives; The height exception specifically has no affect on sustainable development or green initiatives, however the proposed development includes sustainable developments and green initiative features including compact parking with charging stations, covered storage areas for bikes and scooters, motorcycle parking and a bus shelter for public transit use. Whether the height exception is necessary and not proposed in a manner with which the principle objective is to maximize project visibility without concern for architectural or aesthetic integrity; and This project is directly contrary to the review criteria. The purpose of this height exception is to provide for better architecture and aesthetics of the building and overall project. g. Whether sufficient evidence has been presented to justify the need for a height exception. This application is reviewed by staff to make that determination; however, the applicant fully believes that there is sufficient justification for the height exception approval. M: \M L P C \PROJECTS \601 S. Federal Hgwy (Francois) \4 - Submittals \4 - Height exception & Design Appeal 03.15.16 \Height exception justlfication.wpd