SUBJECT/RECOMMENDATION:
Title
Approve a Development Agreement between Decade Sea Captain LLC. (the property owner) and the City of Clearwater, providing for the allocation of 66 units from the Hotel Density Reserve established in Beach by Design; adopt Resolution 14-32, and authorize the appropriate officials to execute same. (HDA2014-07004 - 40 Devon Drive)
Body
SUMMARY:
Development Proposal:
Following the City Council meeting of October 2, 2014, the applicant revised the proposal to include sidewalks along Devon Drive to match the existing and have included a bicycle rack on the first floor of the hotel.
The owners propose to utilize the otherwise permitted density of 32 units and incorporate 66 units from the Hotel Density Reserve through Beach by Design resulting in a total of 98 units (149 units per acre). It should be reiterated that the only portion of the site which provides intensity of use is the 0.659 acre portion within the T District.
This proposal terminates DVA2010-08001 and allocates a total of 66 units to the project from the Hotel Density Reserve pursuant to Beach by Design.
Consistency with the Community Development Code (CDC):
No changes have been made to the Conceptual Site Plan presented at the October 2, 2014 City 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 October 2, 2014 City 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 66 units from the Hotel Density Reserve or a maximum density of 148.7 units per acre;
§ Requires the developer to obtain building permits and certificates of occupancy in accordance with Section 4-407, CDC;
§ 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 66 units from the Hotel Density Reserve under Beach by Design.