SUBJECT/RECOMMENDATION:
Title
Provide direction on the proposed 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 and confirm a second public hearing in City Council Chambers before City Council on October 15, 2014 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-07004 - 40 Devon Drive)
Body
SUMMARY:
Site Location and Existing Conditions:
The 0.831-acre subject property is located on the north side of Devon Drive approximately 150 feet east of Coronado Drive with 278.68 feet of frontage along Devon Drive. The property spans two zoning districts including Tourist (T) and Low Medium Density Residential (LMDR) and two Future Land Use Plan (FLUP) classifications, Resort Facilities High (RFH) and Residential Urban (RU). The subject property is also located within the Small Motel District of Beach by Design. The portion of the site within the T District is 0.659 acres and remainder of the site within the LMDR District constitutes 0.172 acres. Only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density.
The immediate area is characterized by a variety of uses including overnight accommodations, a surface parking lot, and detached dwellings. The property to the west is currently developed with a 108-room 89-foot hotel (Pier House 60), the property on the west side of Coronado Drive has been approved for a 450-room hotel (Wyndham Grand) for which a foundation permit has been approved, the property to the south is developed with a surface parking lot and the properties to the southeast are developed with detached dwellings.
The property is used as a 27-unit overnight accommodation use and has a valid Business Tax Receipt (BTR-9029071). The hotel units are located within four two-story buildings. The buildings are located on the western half of the site. The majority of the surface parking is provided on the portion of property zoned LMDR with the remainder on the portion of property zoned T. A landscape buffer approximately 20 feet in width is provided along the south property line adjacent to Devon Drive. Access to the site is provided from Devon Drive via one two-way driveway generally centered along the south property line.
Site History:
Ø On December 21, 2010, the Community Development Board (CDB) approved Case FLD2010-08001 which permitted an 85-unit overnight accommodation use using 53 units from the Hotel Density Reserve created pursuant to Beach by Design.
Ø On January 13, 2011 the City Council approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design.
Ø The associated development order for FLD2010-08001 expired on December 12, 2012.
Ø On May 21, 2013 the CDB approved Case FLD2013-02007 which authorized an 85-unit overnight accommodation use (hotel) including 53 units from the Hotel Density Reserve created pursuant to Beach by Design.
Ø On June 19, 2013 the City Council approved Case DVA2010-08001A amending the previously approved Case DVA2010-08001 allocating 53 units from the Hotel Density Reserve pursuant to Beach by Design. This was required as the site plan exhibit associated with the aforementioned FLD2010-08001 expired. DVA2010-08001A also allocated 53 overnight accommodation units from the Hotel Density Reserve.
Ø On March 31, 2013 a one-year development order extension for the FLD2013-02007 was granted by the Community Development Coordinator until May 21, 2015.
Ø On August 05, 2014 a two-year development order extension for the FLD2013-02007 was granted until May 21, 2017 pursuant to House Bill 7023.
In summary, there exists an approved site plan valid until May 21, 2017 for the construction of an 85-unit overnight accommodation use at a density of 128.98 rooms per acre based only on the lot acreage zoned T District.
Development Proposal:
This proposal terminates DVA2010-08001A which previously allocated 53 hotel units from the Reserve. The owners now 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.
The building will be 100 feet (from Base Flood Elevation) to flat roof with the parking on the first four levels. The proposed building design is described as Contemporary Tropical, which is consistent with and complements the tropical vernacular envisioned in Beach by Design.
The site will be accessed via a single two-way driveway located at the southeast corner of the building along Devon Drive. There is also access to the trash staging area at the southwest corner of the building.
The first four floors of the building will contain a parking garage as well as miscellaneous back-of-house components such as elevator lobby and trash holding area. In addition to parking, floors two through four also include hotel rooms (nine per floor).The fifth floor will include a pool and pool deck (over parking at the southeast quadrant of the building. Various other outdoor patios are located on the east and west sides of the building at the 5th floor. Amenities such as dining area, lounge and exercise room totaling 6,915 square feet (12.5 percent of the total floor area of the building) are also located on the fifth floor. The remainder of the floor will be dedicated to an upper lobby, three hotel rooms and miscellaneous back-of-house components. Floors six through nine will be dedicated almost entirely to hotel rooms (17 per floor).
On the portion of property zoned LMDR District, one detached dwelling is shown on the floor plans and building elevations. The 0.172 acre property supports one dwelling unit. The dwelling unit is proposed to have a common wall with the east façade of the hotel.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to Table 2-803, CDC, the minimum required lot area for overnight accommodations is between 10,000 and 20,000 square feet. The portion of the subject property in the Tourist District is 28,688 square feet in area. Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 and 150 feet. The lot width of this site for the portion of the property zoned T District along Devon Drive is 4175 feet. The proposal is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of 15 feet along the front (south) to building; five feet to building along the rear (north) and 10 feet to building along the side (west). The proposed setbacks may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section B of the Design Guidelines within Beach by Design specifically addresses height. This section requires specific requirements for buildings which exceed 100 feet in height.
Pursuant to Table 2-803, CDC, the maximum height for overnight accommodations is between 35 and 100 feet. Pursuant to the Code definition of building height, elevator equipment rooms and like mechanical equipment enclosures are permitted to project up to 16 feet higher than the maximum building height. The proposed building height of 100 feet to the top of the roof deck (112 feet to top of flat roof for elevator and other mechanical equipment) is consistent with this CDC section, definition of building height and with the guidelines of Beach by Design.
Minimum Off-street Parking:
The 98-room overnight accommodation use requires a minimum of 118 off-street parking spaces. A parking garage located on the first four levels of the building will provide 118 spaces. This is consistent with the applicable Sections of the CDC.
Landscaping:
While a formal landscape plan is not required to be submitted for review at this time, the conceptual landscape areas depicted on the site plan show that adequate spaces for foundation landscaping will be provided along all sides of the building. Since no perimeter landscape buffers are required in the Tourist (T) District, the proposed landscape areas meet or exceed what is required. It is noted, however, that flexibility may be requested/necessary as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Design Guidelines:
A review of the provided architectural elevations and massing study was conducted and the proposed building does appear to be generally consistent with the applicable Design Guidelines established in Beach by Design. It is noted, however, that a more formal review of these Guidelines will need to be conducted as part of the final site plan approval process.
Hotel Density Reserve:
The project has been reviewed for compliance with those criteria established within Beach by Design concerning the allocation of hotel rooms from the Reserve. The project appears to be generally consistent with those criteria, including that the development comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of traffic concurrency management for transportation facilities. The submitted Traffic Impact Study concludes that traffic operations at nearby intersections and on adjacent roadways would continue to operate at acceptable levels of service.
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.