REVIEW COMMENTS
7.C.l
HOTEL APARTMENT
DEFINITION/CANDLEWOOD TOWER
PLAZA
CODE REVIEW
DEVELOPMENT DEPARTMENT
MEMORANDUM NO. PZ 01-147
FROM:
Chairman and Members
Planning and Development Board
Michael W Rump(1(j!Z
Director of Planning and Zoning
Jose R. Alfaro )t
Planner
TO'
DATE.
July 17, 2001
SUBJECT
Candlewood Tower Plaza - CDRV #99-003
Request to amend Code definition for HOTEL APARTMENT
NATURE OF REQUEST
William G. Thomas, President of Congress Properties, LLC, owner of a property located at the northeast corner
of Congress Avenue and SW 30th Avenue (see Exhibit "A" -location map), is requesting a change to the City's
Land Development Regulations, Chapter 1, Article II. Definitions. to eliminate the maximum percentage of, and
minimum size of, apartment suites allowed within a "Hotel Apartment" The proposed definition would read as
follows:
HOTEL APARTMENT Any hotel building containing a mixture of sleeping rooms and apartment suites for
transient guests only, and which (i) shall not serve as the primary or permanent residence of the occupants;
and (ii) be leased on intervals of no longer than seven (7) days. Dining rooms and lounges shall be permitted
as accessory uses." See Exhibit "B" - statement of request.
BACKGROUND
Concurrently with this code review application, the applicant is also requesting that a parcel currently zoned M-
1, Manufacturing Industrial. be rezoned to C-3, Community Commercial. The original intent of the rezoning was
to allow for the development of a hotel apartment, officelretail building, and restaurant. This proposed plan was
represented on a site plan application that was also being processed concurrently with this application. The
site plan application was withdrawn by the applicant for revisions and ultimate re-submiUal.
The C-3 zoning district allows for hotel apartments as currently defined by the code which reads as follows:
HOTEL APARTMENTS: Any hotel building containing a mixture of sleeping rooms and apartment suites for
transient guests only, and which shall not serve as the primary or permanent residence of the occupants.
Buildings designed as hotel apartments shall have not more than one-third of the total units devoted to
apartment suites. Dining rooms and lounges shall be permitted as accessory uses. Hotel apartment suites shall
have a minimum gross floor area of five hundred (500) square feet."
The applicant needs the proposed change to allow a hotel with cooking facilities in every room.
ANALYSIS
There currently exist 4 hotels within the City, all of them on properties zoned for commercial uses, and
according to City records, none of which offer cooking facilities in every room. The proposed project is the type
known as an "extended stay" facility As per the applicant, over the past few years it has been one of the fastest
growing new products in the hotel industry, being essentially a hybrid of a full-service hotel and a rental
apartment complex. This type of facility can be used as a temporary residence as well as for short-term
lodging.
Furthermore, the Federal Highway Corridor Community Redevelopment Plan Study recently prepared for the
Page 2
CDRV #99-003
City of Boynton Beach, supports the need not only for more hotels within the City, but also suggest the need for
new hotels to diversify the services provided to the customers.
For comparison, staff surveyed six (6) local governments to obtain their respective code definitions. All six (6)
entities surveyed allow hotel uses on commercial zoning districts. Similar to the City's definition. these other
local governments allow dining rooms as accessory uses; however, kitchen facilities are not allowed. Palm
Beach County and Oelray Beach allow kitchen facilities in some variation of lodging accommodations, thus
becoming a type of suite. Comparable definitions for these respective jurisdictions are as follows:
Oelray Beach:
Hotel:
A facility offering a transient lodging accommodations to the general public
(open to the public at large), usually at a daily rate. A hotel may also
contain accessory uses as otherwise permitted within the underlying zone
district.
Residential-type inns: A facility offering transient lodging accommodations on a
daily, weekly, or monthly rate to the general public (open to the public at
large). It may consist of one building which contains the principal and
accessory uses, or group of buildings. Suites mayor may not include
kitchens or kitchenettes.
West Palm Beach: Hotel: A public lodging establishment licensed by the State of Florida which offers
transient or permanent lodging accommodations to the general public,
and may provide additional services, such as restaurants, meeting rooms,
and recreation facilities.
Greenacres:
Hotel: Shall mean any building principally containing sleeping rooms in which
transient guests are lodged with or without meals, with no provisions
made for cooking in any individual room or suite.
Palm Beach County. Hotel, motel, boarding and rooming house, SRO (single room occupancy)
means a commercial establishment used, maintained or advertised as a
place where sleeping accommodations are supplied for short term rent to
tenants, in which rooms are furnished for the accommodation of such
guests, which may have as an accessory use one or more dining room.
SROs are permitted only in the CHO (commercial high office) and CG (commercial
general) districts, and the following supplementary standards shall apply
to a single room occupancy use. An SRO establishment shall be used or
maintained for occupancy as an alternative to primary type housing. The
facility will customarily include one kitchen. sleeping and bath facility per
person, or shared bath or kitchen facilities.
Lake Worth:
Hotel: A building in which lodging or boarding and lodging are provided and offered
to the public for compensation and in which ingress and egress to and
from all rooms is made through an inside lobby or office supervised by a
person in charge at all hours.
Motel: A series of attached or semi-attached sleeping rooms where each unit has
convenient access to parking space for the use of the unit's occupants.
The units. with the exception of the apartment of the manager or
caretaker, are designed to provide sleeping accommodations for
automobile transients or overnight guests and no kitchen facilities are
offered.
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CDRV #99-003
Boca Raton:
Hotel:
shall mean a building, or part thereof. in which sleeping accommodations
are offered to the public with no cooking facilities for use by the
occupants, and in which there is a public dining room for the convenience
of the guests. Access to the sleeping rooms shall be through an inside
lobby or office.
As previously mentioned, Palm Beach County and the City of Delray Beach are the only jurisdictions that offer
some type of "suite" accommodations within residential-type inns and SROs, to possibly accommodate current
market/travel trends, and special housing needs. However, based on the low number of existing hotel
apartments allowed within nearby jurisdictions, and the lack of sufficient justification for the subject amendment,
staff questions whether there exists the justifiable demand for such a hotel product. Furthermore, without
existing and/or additional restrictions within the subject definition. the proposed amendment contains
uncertainty with regards to ultimate housing uses that would be allowed, and the possibility of future
conversions of such uses to alternative types of housing. The potential alternative housing allowed by this
definition and current regulations could perform differently, have less value, and impact the area differently than
the proposed hotel.
RECOMMENDATION
Based on the analysis contained herein. and the applicant's lack of demonstrated need for the proposed
amendment, staff recommends that this request to amend the definition for hotel apartments to eliminate the
maximum percentage of, and minimum living area within, apartment suites. No conditions of approval are
recommended at this time. Any conditions recommended or required by the Board or City Commission will be
indicated in Exhibit "C" - Conditions of Approval.
Exhibits
JA:MR
S:IPLANN INGISHAREDlWPIPROJECTSICANDLEWOOD TOWER PLAZAICDRVlST AFFREPORT.DOC
LOCATION MAP
EXHIB.lT "A"
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WEINER & ARONSON PA
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PAGE 82
WEINER Be ARONSON, P.A.
ATTORNEYS AT LAW
The Clark House
102 North Swinton Avenue
Delray Beach, Florida 33444
EXHIBIT "B"
Telephone: (561) 265.2666
Telecopier. (561) 272-6831
E-mail: delraylaw@bellsoU1h.net
MICHAEL S. WEINI!R
CAROLE J. ARONSON
JMON S. MANKOFF
OF COUNSEL:
ROBERT MARC SCHWARTZ, P.A.
Florida Bar Board Certified
Reed Estete Lawyer
July 17. 2001
Via TelecoDler
Ms. Lusia Galav
City of Boynton Beach
Planning & Zoning Department
100 E. Boynton Beach Blvd.
Boynton Beach, Florida 33425
Re: Text Change Amendment
Our File No.: THOW001
Dear Lusia:
Enclosed are copies of my correspondence on the suggested revised definition of Hotel
Apartment.
If you should need anything further in order to process the application, please let me know
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Enclosures
cc: Mr William Thomas (via telecopier) (w/enclosures)
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WEINER & ARO~FQN PA
PAGE 64
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EXHIBIT "B"
HOTEL APARTMENT - Any hotel building containing a mooure of sleeping rooms and
apartment suites for transient gueets only, and which (I) shall not serve as the primary or
penmanent residence of the occupants; and (Ii) be leased on intervals of no longer than
seven (7) days. Dining rooms and lounges shall be permitted as accessory uses.
.
o:mofOWOO1\il\Hr1,holel,wpd
EXHIBIT "e"
Conditions of Approval
Project name: Candlewood Tower Plaza
File number: CDRV 99-003
Reference: File # CDRV 99-003 with a December 30, 1999 Planning & Zoning Denartment date stamn mar mg.
I DEPARTMENTS I INCLUDE I REJECT I
I PUBLIC WORKS I I I
Comments: NONE
UTILITIES
Comments: NONE
FIRE
Comments: NONE
POLICE
Comments: NONE
ENGINEERING DIVISION
Comments: NONE
BUILDING DIVISION
Comments: NONE
PARKS AND RECREATION
Comments: NONE
FORESTER/ENVIRONMENTALIST
Comments: NONE
PLANNING AND ZONING
Comments: NONE
ADDITIONAL PLANNING AND DEVELOPMENT BOARD CONDITIONS
Comments: To be determined. X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments: To be determined.
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$:\PlANNINGI$HARED\WPIPROJECTS\CANDlEWQOD TOWER PLAZAICORV\COND. OF APPROVAL.DOC
DEVELOPIV 'T ORDER OF THE CITY COMMI~ ON OF THE
1,1IY OF BOYNTON BEACH, FLORIL.lA
PROJECT NAME. CANDLEWOOD TOWER PLAZA
APPLICANT'S AGENT
William G. Thomas
APPLICANT'S ADDRESS: 2951 SW 14th Place
Boynton Beach, FI 33426
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: August 7,2001
TYPE OF RELIEF SOUGHT Code Review to amend code definition for Hotel Apartment
LOCATION OF PROPERTY NE corner Congress Avenue and SW 30th Avenue
THIS MATTER came before the City Commission of the City of Boynton Beach, Florida
appearing on the Consent Agenda on the date above. The City Commission hereby adopts the
findings and recommendation of the Planning and Development Board, which Board found as follows:
OR
THIS MATTER came on to be heard before the City Commission of the City of Boynton
Beach, Florida on the date of hearing stated above. The City Commission having considered the
relief 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 relief 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 relief 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 application for relief is hereby
_ GRANTED subject to the conditions referenced in paragraph 3 hereof
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'
City Clerk
S:\Planning\SHARED\WPIPROJECTS\CANDLEWOOD TOWER PLAZA\CDRV\Development Order.doc
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