SUBJECT/RECOMMENDATION:
Title
Provide direction on the proposed Development Agreement between East Shore International Enterprises, LLC and 411 E S (the property owner) and the City of Clearwater, providing for the allocation of eight units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on July 18, 2019 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2019-03001; 400/405/408/409/411 East Shore Drive).
Body
Development Proposal:
The current proposal is to demolish all structures on the 1.115-acre site and build a single, six-floor hotel with 74 hotel rooms (66.367 units per acre) and a 57-slip marina facility with 22 slips available to the public and 35 slips available only to guests of the hotel. The 74 proposed units include 55 units otherwise permitted by the Resort Facilities High Future Land Use classification, 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. 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. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design.
The site consists of four parcels three of which are located on the east side of East Shore Drive with one on the west side. All four parcels will need to be joined together through a unity of title and lot combination request prior to the issuance of any permits. The parcels on the east side of East Shore will contain the hotel and 22-slip marina facility component as well as 35 slips reserved for guests of the hotel only. The parcel on the west side of East Shore Drive will contain a 43-space surface parking lot accessed via a single driveway along East Shore Drive. The parcels on the east side of East Shore Drive containing the hotel will be accessed via four driveways from East Shore Drive. An egress-only driveway will be located at the north side of the site, a two-way driveway at the south and a short, northbound, drop-off area constitute the remaining two driveways. The primary pedestrian entrance and lobby of the building will be centrally located along East Shore Drive on the ground floor.
The ground floor of the building will also include bike racks, a solid waste component, storage space and an additional 57 parking spaces. Overall, parking will be split between self-service (44 spaces) and valet (56 spaces). The ground floor will also include a patio and pool at the southeast corner of the site. A publicly-accessible boardwalk consistent with Beach by Design is proposed along the entire length of the property along Clearwater Harbor. A walkway between East Shore Drive and the boardwalk will be provided along the south side of the site. The Development Agreement includes specific language for the inclusion of the boardwalk and walkway. The second floor will contain 14 hotel units as well as an office, clubrooms, bar and assorted back-of-house components. Floors three through six will include 15 hotel units each. No additional amenities are proposed. It should be noted that pursuant to the Marina District provisions of Beach by Design a property located on Clearwater Harbor providing a 15-foot wide publicly accessible boardwalk may request a height bonus of up to 80 feet where the proposal, providing such a boardwalk, is proposed at 65 feet in height. 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 adding further 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. A marina facility is defined in the Community Development Code (Article 8) as a use of land involved in the operation of a marina including structures and activities normally integral to the operation of a marina, such as servicing, fueling, pumping-out, chartering, launching, and dry-storage of boats and boating equipment. A marina is defined as any structure constructed on pilings over open water or supported by flotation on the water which provides three or more boat slips for the purpose of sale or lease. 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 (CDC):
Minimum Lot Area and Width:
The subject property is 48,553 square feet in area (uplands) and approximately 300 feet wide. The proposed lot area and width exceed the requirements of the Community Development Code.
Minimum Setbacks:
The conceptual site plan depicts setbacks to building of five feet along the front (west) along East Shore Drive, side (north and south) setbacks of 42 and 27 feet, respectively and a rear (east) setback of 18 feet. The proposed setbacks may be approved as part of a Level Two Flexible Development (FLD) application, subject to meeting the applicable flexibility criteria of the Community Development Code. The Marina District of Beach by Design specifically permits front setbacks as low as zero feet for overnight accommodation uses.
Maximum Height:
Section II.C. Height Bonus Schedule for the Marina District within Beach by Design specifically addresses height. The proposal provides for a building 65 feet in height as measured from BFE where a height of up to 80 feet is permitted for overnight accommodations on properties of at least one acre on both sides of East Shore Drive within the Marina District and which also provide a publicly accessible boardwalk as consistent with the Marina District of Beach by Design. 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 Two Flexible Development (FLD) application and as otherwise limited by Beach by Design.
The height of the proposed building is consistent with the design guidelines as well as the specific requirements pertaining to height contained within the Marina District section of Beach by Design.
Minimum Off-Street Parking:
The 74-room overnight accommodation use with a 22-slip marina facility requires a minimum of 100 off-street parking spaces with 1.2 spaces per unit (89 spaces) for the hotel component and one space per two slips (11 spaces) for the 22-slip marina facility component. A total of 100 parking spaces are provided where 100 spaces are required with 57 spaces located on the ground floor of the hotel building and 43 spaces located within a surface parking lot on the west side of East Shore Drive. 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 and along the rights-of-way facing sides of the surface parking lot as required by Section VII.F of the Design Guidelines 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, if necessary, may be requested as part of a Comprehensive Landscape Program which would be reviewed at time of formal site plan approval.
Consistency with Beach by Design:
Marina District
Specific development parameters provided within the Marina District section of Beach by Design address a range of items including a maximum height (80 feet for properties spanning both side of East Shore Drive and at least one acre in size), minimum building setbacks (zero feet along front property lines for overnight accommodation uses and at least 25 percent of the building height along sides), pavement setbacks (at least five feet).
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 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.