SUBJECT/RECOMMENDATION:
Title
Termination of the Development Agreement between Bayway Hotel Holdings, LLC (the property owner) and the City of Clearwater, providing for the allocation of 15 units from the Hotel Density Reserve under Beach by Design and confirm a second public hearing in City Council Chambers before City Council on August 3, 2017 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-08006, 706 Bayway Boulevard)
Body
SUMMARY:
On December 2, 2014, a Development Agreement was made effective between the property owner and the City of Clearwater which provided 15 units from the Hotel Density Reserve (HDA2014-08006/Resolution 14-35).
Section 6.1.3.1 of the Development Agreement required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement.
Section 6.1.6 provides that all units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one month or thirty-one consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence.
After receiving approval of HDA2014-08006 the applicant submitted the associated site plan for approval as part of a Level II Flexible Development application (FLD2015-06025). This application was approved by the Community Development Board on September 15, 2015. Permits (BCP2015-12534 and BCP2016-03372) for site and building construction were submitted on December 19, 2015 and March 15, 2016, respectively. Pursuant to CDC Section 4-407 building permits were to have been obtained within six months of the initial permit application. As of February 9, 2017 both permits have been voided due to lack of response from the applicant.
On March 14, 2017, an application (FLD2016-12039) for a Resort Attached Dwellings development on the subject site was approved by the Community Development Board (CDB). On April 3, 2017 a permit (BCP2017-04049) was submitted consistent with this more recent site plan approval. The City has determined that the Property Owner has abandoned development of the Property consistent with conceptual site plans that were part of the Agreement, and the Property Owner sought approval for entirely new site plans, which were approved by the Community Development Board on March 21, 2017 as part of a Level II Flexible Development application (FLD2016-12039) for Resort Attached Dwellings.
The applicant has submitted a request to terminate the Development Agreement thus returning the allotted 15 units back to the reserve. Once returned to the Reserve these units would be available for application.
Pursuant to Section 13 of the Agreement notices have been provided to:
Bayway Hotel Holdings, LLC
20001 Gulf Blvd., Suite 5
Indian Shores, FL 33785
E.D. Armstrong III
Hill Ward Henderson
101 E. Kennedy Blvd., Suite 3700
Tampa, FL 33602