SUBJECT/RECOMMENDATION:
Title
Provide direction on the proposed Development Agreement between North Clearwater Beach Development, LLC (the property owner) and the City of Clearwater, providing for the allocation of 10 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on September 6, 2018 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2018-04001; 657 Bay Esplanade).
Body
SUMMARY:
Site History:
The City Council approved a Development Agreement along with a concept plan and elevations on March 2, 2017 as part of application HDA2016-09001. That approval was valid until March 9, 2018 by which time site plan approval was supposed to have been obtained pursuant to Development Agreement Section 6.1.3.2. Unfortunately, the applicant allowed the extension deadline to pass without submitting for building permit and the approval of the Development Agreement expired.
Development Proposal:
The current proposal is to demolish all structures on the site and build a single seven-floor hotel with 27 hotel rooms (78 units per acre). The 27 proposed units include 17 units otherwise permitted by the Resort Facilities High Future Land Use classification and an additional 10 units from the Hotel Density Reserve through Beach by Design. The building will be 75 feet (from Base Flood Elevation) to roof with the parking on the first floor. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design.
The site will be accessed via two driveways with one two-way driveway located at the northeast corner of the property and the second driveway (an ingress-only) located at the northwest corner. The primary entrance and lobby of the building will be located along Bay Esplanade on the second floor.
The first (ground) floor of the building will contain all 32 required parking spaces as well as a solid waste component. The second through fourth floors contain five hotel units each with the remaining three floors containing four rooms each. The fifth floor also includes an open veranda. The roof level (available for guests only) includes a pool, dog run, fitness room, restroom, a small bar and a variety of seating and lounging areas.
The existing dock is proposed to remain and will function as an accessory use to the proposed hotel and will be available only for hotel guests.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
The subject property is 15,175 square feet in area and approximately 130 feet wide. The proposed lot area and width may be approved as part of a Level Two (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of 16 feet along the front (north) along Bay Esplanade and five feet along all other remaining sides of the site. The conceptual site plan depicts setbacks to pavement of 10 feet along the front (north) along Bay Esplanade and zero feet along all other remaining sides of the site. The proposed setbacks may be approved as part of a site plan application, subject to meeting the applicable flexibility criteria of the Community Development Code.
Maximum Height:
Section A.1.c of the Old Florida District within Beach by Design specifically addresses height. The proposal provides for a building 75 feet in height as measured from BFE where a height of up to 75 feet is permitted for overnight accommodations. The proposed height is also permitted by the CDC subject to meeting the applicable flexibility criteria of the CDC and as approved as part of a Level II Flexible Development application and as otherwise limited by Beach by Design.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 27-room overnight accommodation use requires a minimum of 32 off-street parking spaces. A parking garage located on the first levels of the building will provide a minimum of 32 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 the street frontage as required by Section A.6 of the Old Florida District within Beach by Design. Since no perimeter landscape buffers are otherwise 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:
Old Florida District
Section A.1 specifies that overnight accommodations may be permitted up to a height of 75 feet (except for those properties located along Somerset Street). The property is not located along Somerset Street and a height of 75 feet is proposed.
Section A.2 specifies that a 15-foot front setback is required as are 10 foot side and rear setbacks. All setbacks are specifically to building. Section A.4 provides that a maximum reduction of five feet from any required setback (to building) may be possible if the decreased setback results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance, unimpaired access to mechanical features of a building is maintained and applicable required stepbacks are increased. The proposal includes a front setback of 16 feet and five foot setback on all other sides (to building).
Section A.3 provides requirements for stepbacks and setbacks for building exceeding 35 feet in height. Any development exceeding 35 feet in height shall be required to incorporate a building stepback on at least one side of the building (at a point of 35 feet). In the case of the subject property, the stepback is required along the north side of the building along Bay Esplanade. This section also specifies that a stepback/setback ratio, for this property is one foot for every 2.5 feet in building height above 35 feet. Based on the height of the building (75 feet), the required stepback is 16 feet. The total required stepback/setback distance for this project as submitted from the front (north) property line is 31 feet. The applicant has provided a 16 foot setback (to building) and a 15 foot stepback at 35 feet for a total stepback/setback distance of 31 feet as required.
Section A.6 requires a 10 foot landscape buffer is along all street frontages where the proposal includes a landscape buffer area of 10 feet along Bay Esplanade.
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 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 10 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 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.