SUBJECT/RECOMMENDATION:
Title
Approve a Development Agreement between East Shore International Enterprises, LLC and 411 E S (property owner) and the City of Clearwater, providing for the allocation of eight units from the Hotel Density Reserve pursuant to Beach by Design, adopt Resolution 19-06, and authorize the appropriate officials to execute same. (HDA2019-03001; 400/405/408/409/411 East Shore Drive)
Body
SUMMARY:
Development Proposal:
No changes have been made to the Development Proposal, Agreement, Conceptual Site Plan or Conceptual Elevations presented at the June 20, 2019 city ouncil meeting.
The owners propose to utilize the otherwise permitted density of 50 units per acre or 55 units and incorporate an additional eight units from the Hotel Density Reserve through Beach by Design and an additional 11 units which the applicant intends to transfer to the site through a Level Two Transfer of Development Rights application resulting in a total of 74 units (66.367 units per acre).
The building will be 65 feet in height (from Base Flood Elevation) to roof as otherwise permitted utilizing the Height Bonus Schedule for the Marina District of Beach by Design for property totaling one acre or more on both sides of East Shore Drive and the provision of a publicly accessible boardwalk. In addition to the proposed boardwalk, the applicant is also providing a publically-accessible seating pavilion on the hotel property and adjacent to the proposed boardwalk further adding to the pedestrian experience.
All existing docks will be removed and replaced with two docks containing a total of 57 slips of which 35 will be for the exclusive use of hotel guests and 22 will be for public use. This will result in two uses being established on the property; a hotel and a marina facility. The Development Agreement includes specific language to limit the specific activities which may take place on the site ensuring that the “marina facility” component of the site will be compatible with the overnight accommodations component of the site as well as adjacent and surrounding uses. Specifically, activities such as servicing, fueling, pumping-out, commercial chartering and/or and dry-storage of boats and boating equipment be strictly prohibited and that the marina slips shall be limited to sale and/or lease to privately-owned boats rather than commercial vessels for hire.
Consistency with the Community Development Code:
No changes have been made to the Conceptual Site Plan and Elevations presented at the June 20, 2019 council meeting. The Conceptual Site Plan and Elevations continue 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 and Elevations presented at the June 20, 2019 council meeting. The Conceptual Site Plan and Elevations continue to appear to be consistent with the Beach by Design with regard to:
§ Design Guidelines.
§ Height.
§ The provision of a publicly accessible boardwalk and walkway to access the boardwalk.
§ Hotel Density Reserve.
Standards for Development Agreements:
The proposal is in compliance with the standards for development agreements and is consistent with the Comprehensive Plan.
The proposed Development Agreement would 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 eight units from the Hotel Density Reserve;
§ Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407;
§ Requires the developer to provide a publically accessible boardwalk to utilize the Height Bonus in accordance with Beach by Design;
§ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed;
§ Prohibits the conversion of any hotel unit allocated from the Hotel Density Reserve to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage;
§ Provides evidence that the development complies with the Metropolitan Planning Organization’s (MPO) countywide approach to the application of concurrency management for transportation facilities, and includes a transportation analysis conducted for the development;
§ Provides that all units in a hotel receiving units from the Reserve shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system;
§ That no hotel room in a hotel allocated units from the Reserve will have a full kitchen;
§ That a reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated; 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 eight units from the Hotel Density Reserve under Beach by Design.