SUBJECT/RECOMMENDATION:
Title
Approve a second amendment to the first amended and restated Development Agreement between K and P Clearwater Estate, LLC (the property owner) and the City of Clearwater, adopt Resolution 14-30, and authorize the appropriate officials to execute same. (DVA2014-07005)
Body
SUMMARY:
Development Proposal:
The proposal remains consistent with that as included with FLD2008-05013 and DVA2008-00001A. A resort hotel containing 250 overnight accommodation rooms and 200 interval ownership/ timeshare rooms; a total of 450 rooms (163.6 rooms/acre on total site) with 250 rooms being granted to the project from the Destination Resort Density Pool, and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck).
The owners propose a second amendment to the first amended and restated Development Agreement.
Consistency with the Community Development Code:
The Site Plan continues to appear to be consistent with the CDC with regard to:
§ Minimum Lot Area and Width
§ Minimum Setbacks
§ Maximum Height
§ Minimum Off-Street Parking
§ Landscaping
Consistency with Beach by Design:
The site plan associated with FLD2008-05013 and DVA2008-00001A and substantially unchanged although a minor amendment was approved on November 13, 2013 by the Community Development Coordinator pursuant to CDC Section 4-406. The minor revisions included the following:
§ Ballroom/Banquet Facility: The ballroom remains in the same location, but the height of has been reduced by 22 feet. The spa that was previously located above the ballroom has been relocated to the Connecting Element that connects the two towers.
§ Connecting Element: This building massing has been setback approximately 30 feet from Coronado Drive. This building component was also reduced in height by 47 feet.
§ Building Podium: The building podium between the towers in the approved design is four levels above Beach Walk, at a height of approximately 38 feet - with the pool deck located on top of the raised platform. The proposed design has reduced the podium structure between the towers in height. The top of the podium/pool deck is now approximated five feet above Beach Walk. The half level separation from Beach Walk to the pool/amenity deck and restaurant is accessible by way of flanking sets of steps as well as a set of flanking ADA compliant ramps.
The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to:
§ Design Guidelines
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten years and includes the following main provisions and amendments:
Ø Section 1.01
· Paragraph 14: Reverses the deletion of this paragraph in the most recent amended Development Agreement (DVA2008-00001A) to reinstate the applicant's intent to establish a maximum of 200 time share units. The most recent amendment provided that the Applicant was no longer interested in interval ownership/timeshare usage;
· Paragraph 16: provides a clarification differentiating between the 250 hotel units allocated from the Destination Resort Density Pool and those units designated as Interval Ownership;
· Paragraph 29: Adds a specific unit count of 450 units to the sentence, "Resort Hotel Units means both Interval Ownership Units and Hotel Units."
· Paragraph 34: Adds a new paragraph which clarifies what a "Timeshare Interest" is, allows that such units may be created and sold, the timeframes in which such units may be used, specifies that the creation of such units requires no further City approval and that a mixed use project (consisting of both hotel and timeshare units) is permitted.
Ø Section 2.03
· Paragraph 1
o Subparagraph c: The specific number of allotted units (250) is deleted and adds the inclusion of an Exhibit O which provides detailed descriptions of the amounts and types of provided amenities.
o Subparagraph d: This clarifies that the area of the building labeled as "Timeshare" is where the Interval Ownership units are located.
Ø Exhibit C: Relates to Sec. 2.03 Paragraph 2 and basically adds a section to the beginning of the exhibit which provides that as long as the Resort Hotel is operated in accordance with the standards of the Wyndham Grand Resort that the requirements of Exhibit C are met. It also provides that the Interval Ownership Units will meet those same standards.
Ø Commencement Date: the Commencement Date throughout the document is moved to February 15, 2015.
Ø Section 3.03
· Paragraph 2: This section was amended in the last version of the DVA and is amended again here to reference the fact that this is the second amendment, to provide a date certain (September 12, 2018) that the City agrees to reserve required capacity (the most recent version simply provided a three year time frame where this version is for three years seven months - February 15, 2015 to September 12, 2018) and the effective date is deleted since an effective date is provided elsewhere.
Ø Section 5.03
· Paragraph 10: This is a new paragraph and provides that a Quit Claim Deed, held in escrow, will be provided to the Developer when construction starts. It also provides that, provided within the Development Agreement, an acknowledgement will state that all condition with regard to right-of-way vacations have been met.
Ø Preliminary Plans/Exhibit B
· The applicant proposes to substitute the site plans previously attached to the Development Agreement with the site plans approved by the CDB (FLD2008-05013) and subsequently amended through a minor revision on November 13, 2013 (outlined in the Site History section of this report, above).
Ø Section 5.04
· Paragraph 7: This section was deleted in the last amendment and is largely, although not exactly, reinstated here. It provides that there will be shared use agreement with regard to various spaces, amenities and common areas which may be jointly used by occupants of the hotel units and timeshare units. It also provides that the Hotel and Timeshare components may be operated by more than one operator.
· Paragraph 10. This provides an acknowledgement from the City that the Developer has met the requirements of the Performance Assurance Milestones.
· Paragraph 11: This is a new paragraph and adds the aforementioned new Commencement Date of February 12, 2015.
Ø Section 16.01
· Paragraph 1
o Subparagraph f: this is a new subparagraph and it provides that a transfer of ownership to any mortgage lien holder due to a foreclosure or similar event does not require the consent of or notice to the City.
Changes to Development Agreements:
Pursuant to Section 4-606.I., CDC, a Development Agreement may be amended by mutual consent of the parties, provided the notice and public hearing requirements of Section 4-206 are followed. Revisions to conceptual site plans and/or architectural elevations attached as exhibits to this Development Agreement shall be governed by the provisions of Section 4-406, CDC. Minor revisions to such plans may be approved by the Community Development Coordinator. Other revisions not specified as minor shall require an amendment to this Development Agreement.
The Community Development Board will review this second amendment to the first amended and restated Development Agreement at its public hearing on September 16, 2014, and the Planning and Development Department is recommending that the Community Development recommend approval of the request.