Riverwalk Plaza (HTEX 16-002)DEVELOPMENT ORDER OF THEE C. '17 COMhUSSION OF THE
Cir( OF BOYINITOIN BEACH, FLORIDA
PROJECT NAME
APPLICANT:
APPLICANT'S ADDRESS
Riverwalk Plaza (HTEX 15-002)
Shaul Rikman / Isram Riverwalk, LLC
506 S. Dixie Highway, Hallandale, FL 33009
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 17, 2017
APPROVAL SOUGHT: Request for Height Exception approval to allow the stair towers and decorative
architectural features of the Riverwalk Plaza mixed use project to be
constructed at 105 feet, 5 feet above the maximum allowable height of 100
feet in the MU -4 (Mixed Use -4) zoning district.
LOCATION OF PROPERTY: 1532 S. f=ederal 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
HAS
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
b_ "his Order shall take effect immediately upon issuance by the City Gierk.
6. All further development on the property shall be made in accordance with the terms and
conditions of this order.
7. Other:
DATED: _. ' ,;L2/J7
City Clerk
S:1Planning\SHAREDIWPIPROJECTS1Riverwalk Plaza\HTEX 16-00200.doc
CONDITIONS OF APPROVAL
Project Name: Riverwalk Plaza
File number: HTEX 16-002
Reference: 2nd review plans identified as a Maior Site Plan Modification with a December 1,
2016 Planning and Zoning Department date stamp marking_
DEPARTMENTS
INCLUDE
REJECT
ENGINEERING / PUBLIC WORKS 1 FORESTRY / UTILITIES
Comments: None.
FIRE
Comments: None.
i
POLICE
Comments: None.
r
BUILDING DIVISION
Comments: None.
PARKS AND RECREATION
i
Comments: None.
PLANNING AND ZONING
i
Comments:
1. Approval is subject to approval of the concurrent applications for
Land Use & Rezoning, Major Site Plan Modification, and Community
Design Plan Appeal.
COMMUNITY REDEVELOPMENT AGENCY
Comments: None.
PLANNING & DEVELOPMENT BOARD CONDITIONS
Comments: To be determined.
Riverwalk Plaza (HTEX 16-002)
Conditions of Approval
Pana 9 of 9
DEPARTMENTS
INCLUDE
REJECT
CITY COMMISSION CONDITIONS
I
Comments: To be determined.
r
S:1Planning\SHAREDIWPIPROJECTS\Riverwalk Plaza\HTEX 16-0021COA.doc
Exhibit A: Location Map
RIVERWALK LOCATION MAP
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AS -203
April 26, 2016
Revised
November 3, 2016
From the desk of:
Steven S, Wherry, Esq.
200 East Broward Boulevard, Suite 1800
Fort Lauderdale, Florida 33301
Direct Phone: 754.200.7017
Direct Fax: 954.333.4157
Email: steven.wherry@gmlaw.com
Height Exception Request: The Applicant is requesting a deviation from the maximum
allowable height requirement in the MU -4 zoning district for building appurtenances and
architectural features. At its maximum, the proposed building is 10 stories, and the roof of the
roof level of the building is 95'. The Applicant is requesting that the appurtenances and
architectural features extend to a maximum height of 105'.
Review Criteria Chapter 2, Article II, Section 4.C.3 of the Land Development Regulations.
The Applicant's request is consistent with the Community Design Appeal Review Criteria as
documented below.
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 location of the new proposed residential building on the Property ensures that there
will be minimal impact on light and air to adjacent properties. The new structure sits to
the east end of the Property thereby shadowing primarily the Property during the morning
hours and not adjacent properties. To the north is a parking area and Woolbright Road.
To the east is the Intracoastal Waterway and the properties across the waterway are
approximately 400 feet away. A shadow study provided with the site plan application
documents that the shadows created by the residential building during the equinoxes do
not impact adjacent properties. Further, the residential building is designed to stepback
from the Intracoastal Waterway to minimize the shadows to the east.
The proposed redevelopment plan replaces a dilapidated commercial structure with an
attractive residential building. By improving the Property and adding new a residential
component that will help support the nearby commercial uses and activate the street
frontage, the redevelopment plan supports the CRA plan and all surrounding property
values in the area will increase as a result of the redevelopment.
The Intracoastal Waterway is the Property's greatest asset and the existing development
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38710.0001
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April 26, 2016
Page No. 2
turns its back to the Intracoastal and prohibits public access. It is natural that the proposed
redevelopment is located such that it will provide the future residents and public visitors
with the best views of the Intracoastal to help increase the viability of the residential
component and enhance the quality of public space. This amenity will help attract new
residents to the project and will activate a waterway that is currently the service area of
the existing building. This will also allow residents across the waterway to view an
active, pedestrian populated edge versus an inactive trash and loading area.
The placement of the residential building will be compatible with the scale of buildings in
the immediate vicinity by its placement on the site. Though taller, the project is separated
from adjacent sites to minimize any potential impacts. To the north, the project is
setback from the property line and is adjacent to the Woolbright Boulevard bridge. To the
east, the nearest properties are across an approximate 400 foot wide waterway. In
addition, the residential building design is stepped back to reduce the impact along the
Intracoastal. To the south is an existing wetlands area and to the west the project is
approximately 450 feet away from the right-of-way, Federal Highway.
For the reasons described above, the proposed height exception would not adversely
affect light and air; property values; the living conditions; or existing or proposed land
uses in the area.
b. Whether the height exception would be a deterrent to the development or
improvement of adjacent properties in accord with existing regulations;
Due to the positive aspects of the proposed development described above and the limited
impact on adjacent properties, the proposed height exception would not be a deterrent to
the development or improvement of adjacent properties. In fact, the proposed residential
structure and the resulting future residents will help to support the struggling commercial
tenants in the area provide demand for additional commercial uses, and contribute to
property values and tax revenue to the City and its CRA, thereby adding to the funds
available for development and improvement of adjacent and surrounding properties
within the CRA.
c. Whether the height exception would contribute to the architectural character and
form of the proposed project;
The height exception is requested for those building appurtenances and architectural
features above the habitable areas in the building. These are decorative features that
conceal stairwells and HVAC equipment. These decorative features help to add to the
urban form and architectural character of the proposed project.
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d. Whether the height exception would positively contribute to the city's desired image,
streetscape design, or recommendation of any applicable redevelopment plan;
The project design, including the height exception, provides for not only an improved
streetscape design along Federal Highway but also provides for an inviting pedestrian
plaza and boardwalk along the Intracoastal Waterway. This plaza and boardwalk is not a
requirement of the City Code but an enhancement added by the Applicant as a result of
staff's request. Public access to the plaza will be provided to the plaza which results in a
loss of development rights for the Applicant. However, the loss of the Applicant's
development rights is outweighed by enhanced public access to the Intracoastal
Waterway which is not provided on any other private property in the City.
e. Whether the height exception would contribute, incentivize, or serve as a catalyst
for sustainable development and other green initiatives;
The project design and site plan incorporates a number of design elements that contribute
to a sustainable development. The project adds a residential component to an existing
commercial development located at a major intersection in the CRA. This horizontal
mixed use development creates a project where residents can walk to a number of
locations in the area that provide recreation and commercial opportunities. Parking
spaces have been provided for alternative forms of transportation including bicycles, low -
powered mopeds and scooters, motorcycles and electric vehicles. Green walls are
incorporated into the building design for natural cooling and increased oxygen
production. The height island impact of the Property will be reduced due to the addition
of landscape materials and heat reflective materials.
f. 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
The proposed building is designed with a significant amount of architectural
enhancements that provide visual interest. The color, materials and embellishments
create additional cost for the development as well as aesthetic integrity. For these
reasons, the additional height is not requested only to maximize the mass and visibility of
the development.
g. Whether sufficient evidence has been presented to justify the need for a height
exception.
The City has rigorous design standards that add considerable cost to building
construction, especially in this case where the Applicant must account for the existing
development on the Property. The Applicant has long term leases with several tenants
which prevent the Applicant from demolishing all existing buildings on the Property and
starting with a clear development site. In addition, the Applicant must maintain portions
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Page No. 4
of the existing parking field for the existing tenants. These factors necessitate that the
residential development be constructed on only a portion of the site rather than being
spread over the entire Property which adds to the height of the proposed residential
building. The Applicant's architect has designed a building that accounts for these
constraints but at the same time provides for a design that is contemporary and creates a
sense of place for this Property. The design is one that will advance the CRA's
redevelopment plans for the area and provide a number of public benefits for the City
residents.
38710.0001
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