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