SUBJECT/RECOMMENDATION:
Title
Approve a Development Agreement between Mainstream Partners VIII, LTD (the property owner) and the City of Clearwater, providing for the allocation of 100 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 14-25, and authorize the appropriate officials to execute same. (HDA2013-08006)
Body
SUMMARY:
Development Proposal:
No changes have been made to the Development Proposal, Agreement, Conceptual Site Plan or Conceptual Elevations presented at the September 4, 2014 Council meeting.
The owners propose to utilize the otherwise permitted density of 50 units per acre or 66 units and incorporate an additional 100 units from the Hotel Density Reserve through Beach by Design resulting in a total of 166 units (126 units per acre).
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual 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:
No changes have been made to the Conceptual Site Plan presented at the September 4, 2014 Council meeting. The Conceptual Site Plan continues to appear to be consistent with the Beach by Design with regard to:
§ Design Guidelines
§ Hotel Density Reserve
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, meets the criteria for the allocation of rooms from the Hotel Density Reserve under Beach by Design and includes the following main provisions:
§ Provides for the allocation of up to 100 units from the Hotel Density Reserve or a maximum density of 126 units per acre;
§ Requires the developer to obtain building permits and certificates of occupancy in accordance with (CDC) Section 4-407;
§ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
§ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and
§ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center.
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 Planning and Development Department is recommending approval of this Development Agreement for the allocation of up to 100 units from the Hotel Density Reserve under Beach by Design.