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LEGAL APPROVAL '11ie City of 'Boynton 13eac/i April 4, 1997 George F. White A.I.A. & Associates, Inc. 5455 N.Federal HWY't Suite F Boca Raton, Florida 33487 Re: Hampton Inn Board of Zoning Appeals Case #231 - increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre Dear George White: Your request for a variance regarding the above referenced case was approved by the Board of Zoning Appeals at its March 17, 1997 meeting. If I can be of further assistance, please contact me. Sincerely, ;; 'V' I .~I ,( I)) \' I ", , ' 1"-._11 J..}..\"/ ~&{, ,ilk , . f j .,.. ,\ i ~t~Ii;I~f. Heyden, AICP Planning and Zoning Director TJH:bme XC: Development Department Case File Central File d:\projectslhempton\legal\apprhamp. wpd Jlme,uas qateway to tIU qulfstream Prepared by: Michael J. Pawelczyk, Esq. Assistant City Attorney, City of Boynton Beach P,O, Box 310 Boynton Beach, FL 33425 w I? ':ll G j~l II; Ii ",', , _ 1i.,..;l_.L i:;..,,/ .I"U ~.l-~: 4 - 'L/; I PLANNING ANO ZONING DEPT. CITY OF BOYNTON BEACH BOARD OF ZONING APPEALS ORDER GRANTING RELIEF IN RE: Case No, 231 Project Hampton Inn at Quantum Park Location: Northwest corner of the E-4 Canal and Gateway Boulevard Owner: Quantum Associates Requested Variance: Relief from Section 7.HA., Chapter 2 - Zoning of the Land Development Regulations for an increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre. IT IS ORDERED THAT: The request for variance of Ha of Boynton Beach Land Devel ?,HA., is granted, DATED: ~/tf'7' Park for relief from the City hapter 2- Zoning, Section ATTEST: ~~'~~<<2< Cit Clerk ;!_"'''''''''lil. l o~l,Q/V :l/~ ~~~~.IIV! t:I ~ % "- .6'o~O" r~. t "J: '% =0 CJ ~::; = Z : = = ~ :- a: = fIIIII!!!. #':.... ~ '=- \ ('\' ~, ;:: ,::!\J'o.4"::1 ..' ;! ~ '.. '\ .' '" IS: ~ ........... ,0 ~ ,~ FLO~ ~., """11111"\\\\\~ MINUTES OF THE BOARD OF ZONING APPEALS MEETING:,\ IT ~ ~ U ~J ~ HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, F,L;ORI~-l ON MONDAY, MARCH 17, 1997, AT 7:00 P.M.' i 1 PRESENT . ._ i...-. ~ , j i-..._____ f. _;J,;:~ ;~/; i~ND ":":;':j;'::-' ':"jIT Mike Pawelczyk, Asst. City Attorney-:O.- Tambri Heyden, Director of Planning & Zoning Jerzy Lewicki, Assistant Planner Patti Hammer, Chairwoman James Miriana, Vice Chairman Agnes Hollingshead Howard Rappoport Ben Uleck ABSENT Herman Gold 1. ACKNOWLEDGEMENT OF MEMBERS AND VISITORS Chairwoman Hammer called the meeting to order at 7:02 p.m., and introduced the board members, 2. APPROVAL OF AGENDA Mr, Rappoport moved to approve the agenda as presented, Ms, Hollingshead seconded the motion which carried unanimously, 3. APPROVAL OF MINUTES Ms, Hollingshead moved approval of the minutes as stated, Mr, Rappoport seconded the motion which carried unanimously. 4. COMMUNICATIONS AND ANNOUNCEMENTS None 5. OLD BUSINESS None 6. NEW BUSINESS PUBLIC HEARING Case No. 231 Project: Location: Owner: Requested Variance: Hampton Inn at Quantum Park Northwest corner of the E-4 Canal and Gateway Boulevard Quantum Associates Relief from Section 7,H,4. Chapter 2 - Zoning of the Land Development Regulations for an increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre MEETING MINUTES BOARD OF ZONING APPEALS BOYNTON BEACH, FLORIDA MARCH 17, 1997 Chip Carlson, representing Boynton Hospitality, Inc., the contract purchaser of the property, and George White, the architect, were present. Immediately west of this property is a Water Management tract which is 4+ acres. This tract of land will never be developed, To the west of that tract is the Shoppes of Boynton. To the east is a 150' wide canal easement that will never be used, The applicant is proposing an increase in density which is supported by the openness on both sides of the property. The density needed is 107 units. This facility is intended to cater to the Motorola plant to the south, and to Quantum Park as it is developed. Vacant Lot #2 is located immediately to the north. and Motorola and their day care center is located to the south, The height of the building will be 45' which is in accordance with the Land Development Regulations. This will be a four-story facility. There will be no lounge, restaurant or large meeting rooms in this facility, This will be a business-oriented hotel. Parking requirements will be met entirely on site. The applicant is reserving an area to the east of the facility for a pOSSible future restaurant use, The restaurant will not be proposed until the owner of Quantum Associates brings forth an amendment to the DRI to allow a restaurant on the site. Jerzy Lewicki, Assistant Planner, advised that staff has no concerns with this request. Vice Chairman Miriana pointed out that the density is greater than what is allowable. This is a PJD and Quantum Park was created as a special taxing district. In his opinion, this proposed facility is a motel -- not a hotel. Mr. Carlson advised that the Code defines a hotel as having internal access. A motel is a facility with access that is external to each room, This proposed facility is a hotel. It does not have convention facilities or a lounge. but it is a limited-service hotel. Ms, Heyden explained that the staff report clarified the differences between a hotel and a motel. By our zoning code definitions, the only thing that distinguishes the two is the entrances. A hotel does not have separate entrances to the rooms from outside, Typically, hotels have facilities such as conference space, meeting rooms, etc, This facility will not provide those amenities, In addition, the master plan for Quantum Park shows a couple of lots with this hotel designation, The City always envisioned that Quantum Park would need and attract hotel use. There is another parcel in the Park on the comer of High Ridge Road and Gateway Boulevard that is slated for a hotel use, Ms, Heyden originally had a concern that if this proposed project was approved with the increased density, the remaining parcel would not be able to attract the upscale type of hotel we would like in the Park, However, these will be two different types of hotels, and Ms, Heyden does not believe they will compete against one another, Vice Chairman Miriana reiterated that in his opinion, this is not a hotel. In addition, he is concerned because this is a special taxing district. Ms, Hollingshead confirmed with Mr, Carlson that this proposed facility is the type of structure which would be considered a business hotel. This is not meant to be a resort facility, It is geared toward business and professional travelers coming to this area. 2 j/~ 1'1 54-b1' ~ rn@~~ rn FFR 2 7 PLANNING AND ZONING DEPT. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following application has been made to the BOARD OF ZONING APPEALS of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated, under and pursuant to the provisions of the zoning code of said City: Case #231 Owner: Quantum Associates Applicant: Boynton Beach Hospitality, Inc. (contract purchaser) Requested Variance: Relief from Section 7.H.4, Chapter 2 - Zoning of the Land Development Regulations for an increase in density from the allowable twenty (20) units per acre to thirty (30) units per acre, Location: Northwest corner of the E-4 Canal and Gateway Boulevard within Quantum Park Legal Description: Quantum Park at Boynton Beach, Plat 1, Lot 1 as recorded in Plat Book 57, Page 182 of the public records of Palm Beach County, Florida. Use: Proposed motel A PUBLIC HEARING before the Board of Zoning Appeals will be held relative to the above application at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Monday, March 17, 1997, at 7:00 P.M. All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date. Any person who decides to appeal any decision of the Board of Zoning Appeals with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH SUZANNE M. KRUSE, CMC/AAE CITY CLERK (407) 375-6062 PUBLISH: PALM BEACH POST MARCH 6, 1997 d:\share\projects\hampton\legaI231. wpd c: City Manager, City Attorney, City Commission, Planning, Files Richard W. Carlson, Jr., Esq. 2377 Crawford Court Lantana, FL 33462-2511 Phone (561) 433-0172 Telecopier (561) 433-0874 !oJ ~ @ U \VI ~Jn11 ln1~ I I mr I~I PLANNING ANO ZONING DEPT. March 11, 1997 Hand Delivery Tambri Heyden, AICP, Planning & Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435-0310 Re: Quantum Park, Lot 1 - Hampton Inn Boynton Beach, Florida - Density Variance Dear Tambri: Enclosed is a supplement to the justification for the density variance on the Hampton Inn, Lot 1, Quantum Park. Please distribute this to the board members in advance of the meeting for their review. The meeting is scheduled for March 17, 1997, at 7:00 PM. I included ten copies for your convenience. Please advise if you need more. If you have any questions or wish to discuss anything on this variance, please contact me. I appreciate your and your staff's attention to this variance and the project application generally. I look forward to working with you on this project. Si~1Y' ~ ?~II~ Richard W. Carlson, Jr., Esq. c: Boynton Beach Hospitality, Inc. George F. White, AlA & Associates Ted Lainge James Willard, Esq. tL 6:.zAV-'~ Richard W. Carlson, Jr., Esq. 2377 Crawford Court Lantana, FL 33462-2511 Phone (561) 433-0172 Telecopier (561) 433-0874 00 In PLANtllI":C ' ..' WNW'. . February 14, 1997 Tambri Heyden, AICP, Planning & Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435-0310 Re: Quantum Park, Lot 1 - Hampton Inn Boynton Beach, Florida - Density Calculation Dear Tambri: I represent Boynton Hospitality, Inc., in its applications to the City of Boynton Beach for the Hampton Inn to be located on Lot 1, Quantum Park. I appreciate your time last week answering questions and providing information. I write you concerning the density calculation of the Hampton Inn. You indicated in our conversation that the Planning Department's customary method for calculating density is to use the lot on which the facility is located. That is, as applied in this case, the calculation is on net acreage using only the geographic area owned by my client. 1 This area is Lot 1 of the Quantum Park at Boynton Beach, P.I.D, Plat No.1, Plat Book 57, Page 182, et seq ("Plat"). I have reviewed the Land Development Regulations, Boynton Beach, Florida ("LDR's") and find nothing dispositive on this issue. The definition of 'density' is not helpful. The provision setting forth the density for hotel uses at twenty units per acre is not helpful. Neither provides how density is calculated, and I have not found any provision explicitly establishing the means for calculating density. The definition of 'Premises' for site plan approval is helpful. It provides: A parcel of land comprised of one (1) or more lots for which a site plan has 1 Boynton Hospitality, Inc., is presently the contract purchaser of Lot 1. The purchase is contingent on obtaining all necessary development approvals in a timely manner. For ease of reference Boynton Hospitality, Inc., is referred to as the owner. 1 been approved, if required, by the appropriate governmental body. If site plan approval is not required, the word 'premises,' for the purpose of these regulations, shall mean a parcel of land, with its appurtenances and buildings, comprised of one (1) or more lots having a unity of use. Article II. (emphasis added). 'Parcel' is not defined. What is important is that for purposes of a site plan, a premises may include more than one lot and includes appurtenances to the lot. Note that this does _ not require a unity of title, or common ownership. We deal here with a Planned Industrial Development("PID"). The PID is, of course, a planned development subject to unity of control and a programmed series of development operations, comprised of comprehensive and detailed plans for streets, utilities, lots, building sites, etc. Finally, it provides a program for full provision, maintenance, and operation of such areas, improvements, facilities and services for common use by the occupants of the PID. ~~_~~~:,~~~<ec:'~~ltA.!("';~' <-lliJf ,j u-&f /'/6 --- As a result of the su'bject property being part of a PID, not all the necessary requirements for development are on the lot, per se. The most important requirement being met off the lot is the drainage. The drainage for this site is adjacent to the lot, but is an integral part of the premises. 1ir- '~~ JP' ( 'Iir \ J~~1 ;;>5" ~'~ C~ It is clear that the LDR's support the interpretation that density calculations should be based on more than just the individual lot, per se. They are based on the premises, which, again, may include more than one lot and includes all the appurtenances to a lot. . t , ---- ~~ - cJ./t.L What is dispositive of this issue is the language set forth on the Plat. Adjacent to Sfru<11. Lot 1 is Lot I-A. Lot I-A provides the drainage for only Lots 1, 2, and 3 given that they are separated from the remainder of Quantum Park by the LWDD L-21 Canal and LWDD E-4 Canal. The reference on Lot 1-A of the Plat states: Lot I-A, Water Management Tract A, Drainage easement being an integral part of Lot 1, See Paragraph No. 6 of the dedication in Sheet 1 of 2 Sheets. (emphasis added). Paragraph 6 provides: The perpetual drainage easement canal granted to the Lake Worth Drainage District, per Official Record Book 4545, Page 1296 and Page 1297 is an integral part of Lot No.1 as shown hereon. The water management Tract "A" is a Drainage Easement and is also and integral part of said Lot 1. Tract "A" may include submerged land. (emphasis added). It is obvious from this language that the intent of the parties to this Plat was to 2 r. I ^ .,..<f ~~b , , :(1) LJ \I"v I')!D~i}J ~nsu~e that the calculations of density for Lot 1 is to include both the LWDD canal \>..,n'J conveyances and LotlA. The City approved this languagdn recoEnition of the fact that .,\~ -, the density should be calculated including the water management tract and canals. Assuming only the portion of Lot lA west of Lot 1 is used, the number of units proposed for the property falls below the density allowed in Chapter 2, Section 7H4. The proposed Hampton Inn has 107 units. Lot 1 is 3.58 acres. Lot 1A lying south of the western prolongation of the north boundary of Lot 1 is 2.1 acres. Together, these amount to 5.68 acres. At 20 units per acre the allowable number of units using only this portion of Lot 1A together with Lot 1 is 113. If the remaining acreage of Lot 1A and the LWDD conveyance were included as allowed by the language of the Plat, even more than the 107 units proposed could be built. I trust this resolves the issue as to whether a variance is needed. I realize a variance application has been filed by George F. White, AlA & Associates. That was done before I met with George's office. I apologize for my not having resolved this issue prior to that filing. Please contact me at your earliest convenience to discuss how to proceed. What is paramount in this process is getting this hotel under construction in April of this year. Because of the nature of the hotel business in this seasonal area, my client cannot afford any delay in any application with the City. If the hotel is not under way in April, it will almost certainly not proceed. I look forward to working with you on the successful approval of this project. I will see you at the TRC meeting of Tuesday, February 18. Zt;ince ely, J " W~ Ichard W. Carlson, Jr., Esq. c: Boynton Beach Hospitality, Inc. George F. White, AlA James Cheroff, City Attorney 3 George F. White A.I.A., and Associates Inc. TRANSMITTAL To:vrf1 or ~ ~ Date: t2-.4.t:1"1 Attention: eo",OO <=f ~ (\.)v A~~~ Regarding: HAMf1"otJ VU~ i ?...:;JOJ]0faJ~ Project Number: q~-1,11 WE ARE SENDING YOU: ~ATTACHED - UNDER SEPERATE COVER VIA [J Pick up %- Delivery [J U.S. Mail Fax ~ Federal Express :IS- Bluelines [J Sepia [J Mylar [] Original :~ Xerox ~ ~e~ ~(lIV\ot7 _ Preliminary Plans Construction Documents _1 Shop Drawings Date I Sheet / Set. Sets I '1...4PIl ~Arvo Of "2bt-\\:U(,p APf/eA~7 VA~AlJ~ ,.(}ppl--~UJ)~ AVO A'P~\c--;tr\7Vd'0 1'"~ \f)/tjff~/ ~l-J\ p~t7fj' ~1~ ~veo ~~ Of p(l,()~@~ LW~ ytXlL-1!~ ~~''1 Ab([e:~~ \ ~"1 m~~ 61 ~~;l\(JL,.. C,~)ih~ ~"? ~ ?tJ~ AVYJ '41f\~ \('~~ THESE ARE TRANSMITTED AS CHECKED BELOW: [J For Approval D For Your Use D As Requested ~ For Review & Comment II Approved As Submitted :-J Approved As Noted -J Returned For Corrections :] Resubmit _ Copies For Approval Submit _ Copies For Distribution Return Corrected Prints For B ids Due REMARKS: Copy To, .fl~ Signed, ~ 5455 North Federal Highway Boca Raton, Florida 33487 (561) 997 6698