Ocean Drive Hotel
DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA
Development
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Building
Engineering
Occ. License
i""ettw Clerk
PROJECT NAME:
Ocean Drive Hotel
APPLICANT'S AGENT:
Bonnie Miskel
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APPLICANT'S ADDRESS:
5355 Town Center Road, Suite 801, Boca Raton, FL 33486
DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: December 18, 2007
TYPE OF RELIEF SOUGHT: Request for relief from the City of Boynton Beach Land Development
Regulations, Chapter 2, Zoning, Section 6.C.3, establishing a maximum height of 45 feet in the
Community Commercial (C-3) zoning district, to allow a variance of 19 feet, and a building
height of 64 feet.
LOCATION OF PROPERTY: North side of Ocean Drive, approximately 500 feet east of Congress
Avenue.
DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO.
X 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 APP~t
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:
I c9. - 8./-08
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S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\DO.doc
EXHIBIT "D"
Conditions of Approval
Project name: Ocean Drive ZNCV
File number: ZNCV 08-001
Reference:
I DEPARTMENTS I INCLUDE I REJECT I
PUBLIC WORKS- General
Comments: None X
PUBLIC WORKS- Traffic
Comments: None X
UTILITIES
Comments: None X
FIRE I
I
Comments: None X
POLICE
Comments: None X
ENGINEERING DIVISION
Comments: None X
BUILDING DIVISION
Comments: None X
PARKS AND RECREATION
I
Comments: None X
FORESTER/ENVIRONMENT ALIST
Comments: None X
PLANNING AND ZONING
Comments: None X
Conditions of Approval
2
DEPARTMENTS INCLUDE REJECT
ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS
1. None X
ADDITIONAL CITY COMMISSION CONDITIONS
Comments:
I 1. To be determined. ~ I I I
S:\Planning\SHARED\WP\PROJECTS\Ocean Drive ZNCV\COA.doc
S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc
. Ocean Drive Variance
EXHIBIT A
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EXHIBIT B
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IPROIP'OSIED HOTIEIL
BOYNTON BEACH
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George F. White
S4SS North Federal ~ISh.ua~ Sult.e F.
A.l.A. and Associates. loe.
60"" R.o'on, Florida 33461 (&",1) '3'31 ",,,,-.6 _______
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IPIROIPOSIED HOTIEIL
BOYNTON BEACH
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George F. White
:;'4:':' North Federlll I4lgNh!l!:j Suite F.
A.l.A. and Associates. Inc.
Boea ~lon, Florida 33481 (SE>l) ~~l e:.E>~
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IP'ROIPOSIED HOTlEIL
BOYNTON BEACI-I
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_George F. White A.l.A. and Associates, Inc.
&4&5> Nco"th Fed....1 I4lgi'Wl~ :1l. F. 60"" ~t.On. Fiori'" 33481 IShI) ~1 6"'~
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EXHIBIT lie"
Zoning Code Variance Application
A. That special conditions and circumstances exist which are peculiar to the land, structure
or building involved and which are not applicable to other lands, structures or buildings
in the same zoning district;
The applicant wishes to apply for a variance to allow a structure higher than the City's
maximum height of 45 feet for the purposes of developing a hotel. The subject site is
located directly behind a commercial shopping plaza with no frontage on either Boynton
Beach Boulevard or Congress A venue. A height variance is necessary to ensure that
the proposed use has adequate visibility from the streets. The existing retail in front of
the site severely limits the visibility of the proposed use. The height increase will allow
for the construction of one additional floor. The applicant believes that this requested
height increase will enable potential customers to better locate a much needed service
in this area.
B. That the special conditions and circumstances do not result from the actions of the
applicant;
The City of Boynton Beach previously approved the development of commercial on the
property to the north and west of the subject site Without. the consideration of the
subject site. A key component to commercial and retail development is good visibility.
The subject site does not have this good visibility because of the previously approved
deveTopmenfs along Congress Avenue and Biiyiiton. Beach. BiJlJlevaid. The proposed
variance will allow for the development of one additional floor and enable those people
traversing on Boynton Beach Boulevard or Congress Avenue to see the proposed use.
C. That granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, buildings or structures in the
same zoning district;
The granting of the proposed variance to the subject site will not confer any special
privileges to the applicant. The subject site is unique in its configuration, limited
roadway access, and location behind existing commercial development. The applicant
believes that the subject site is distinctive because of the retail that has developed
along the roadways of Congress Avenue and Boynton Beach Boulevard which would
screen the proposed use if developed at the 45 foot height limitation currently imposed
on the property.
D. That literal interpretation of the provisions of this chapter would deprive the applicant of
rights commonly enjoyed by other properties in the same zoning district under the terms
of the Ordinance and would work unnecessary and undue hardship on the applicant;
The existing zoning on the subject site allows for the development of commercial and
retail. Without the variance, an undue hardship has been placed on the applicant
because of the lack of visibility and roadway frontage. The commercial shopping plaza
which has developed along Congress A venue and Boynton Beach Boulevard would
block all views of any development on the subject site that would be developed at the
4
Zoning Code Variance Application
City's current 45 foot height limitation. The applicant believes that the proposed
additional height will enable those traversing the roadways to see the proposed use and
allow for the proper use of the commercially designated parcel.
E. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
The proposed variance is the minimum variance that will make possible reasonable use
of the land. The proposed variance to allow a 64 foot tall structure will allow for the
development of a hotel. The only portion of the hotel that is proposed to be at a height
of 64 feet is the tower element of the building, the remaining building is proposed to be
at a height of 50 feet. The area of the tower is only 19% of the entire floor below it. The
applicant feels that this tower will provide for varying heights and architecturally
interesting elevations.
F. That the granting of the variance will be in harmony with the general intent and purpose
of this chapter and that such variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
The granting of the proposed variance will be in harmony with the general intent of the
Code. The applicant only requests the variance in order to allow for the development of
anaadifiOnalfloiifiiffcraTsiiensure-the-visibI7if}ioffheifiiiposedi.ise. fiOiiftne-iie-iiroy'
major roadways. The applicant believes that the adjacent residents would not be
negatively impacted by the development of the proposed use including the additional
height. The property will be adequately screened and landscaped in order to mitigate
any potential negative impacts.
G. Variances to minimum lot area or lot frontage requirements, that property is not
available from adjacent properties in order to meet these requirements, or that the
acquisition of such property would cause the adjacent property or structures to become
nonconforming. Applicant shall provide an affidavit with the application for variance
stating that the above mentioned conditions exist with respect to the acquisition of
additional property.
Not Applicable.
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