SUBJECT/RECOMMENDATION:
Title
Provide direction on the proposed third amendment to an existing Development Agreement between Triprop Clearwater, LLC (as assigned by Alanik Properties; Anco Holdings, LLC; Nikana Holdings, LLC) and the City of Clearwater for property located at 400 Coronado Drive, formerly addressed as 421 and 431 South Gulfview Boulevard, which adds Exhibit A-2 to provide an updated legal description to include 0.1837 acres of the adjacent proposed to be vacated South Gulfview Boulevard right-of-way to the subject site and replaces Exhibit B with Exhibit B-2 to provide new conceptual site plans, and sets a new date by which time site plan approval must be obtained and confirm a second public hearing in City Council Chambers before City Council on February 16, 2023 at 6:00 p.m., or as soon thereafter as may be heard. (HDA2014-06004B)
Body
SUMMARY:
Site Location and Existing Conditions:
The 2.5997-acre site is bound by South Gulfview Boulevard (west), Coronado Drive (east), and Fifth Street (north). The subject property is comprised of one parcel with a frontage of approximately 540 feet along South Gulfview Boulevard, 450 feet along Coronado Drive and 213 feet of frontage along Fifth Street. The site is currently under construction with the hotel approved as part of case numbers HDA2014-06004 (as amended) and FLD2015-09036 (as amended). The subject property is zoned Tourist (T) District with an underlying Future Land Use designation of Resort Facilities High (RFH). The subject property is also located within the Beach Walk District of Beach by Design.
The prior improvements have been demolished through the active construction of the approved hotel. The surrounding area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses with heights ranging from one to 15 stories. The immediate area is characterized by low to high-rise hotels. A five-story attached dwelling is located at the northeast corner of Bayside Drive and Hamden Drive. Detached dwellings are located farther along the length of Bayside Drive. The properties located along Hamden Drive are developed with attached dwellings and overnight accommodation uses. The City’s Beach Walk project, adjacent to the west, has transformed South Gulfview Boulevard to the north and south of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. Coronado Drive has largely been improved as envisioned in Beach by Design.
Site History:
Multiple applications have been approved for the property going back to 2005, including site plans and hotel development agreements that have been amended several times. Currently, the property is governed by HDA2014-06004A and FLD2015-09036A which authorizes a 248-unit hotel which results in a density of 103 units per acre. It includes 298 parking spaces and a pedestrian overpass bridge connecting to the Opal Sands resort to the west across South Gulfview Boulevard. The site is currently under construction.
Development Proposal:
The current proposal, attached to the resolution as Exhibit 4, includes the construction of a 248-unit hotel including the incorporation 100 units allocated from the Hotel Density Reserve through Beach by Design as currently approved through HDA2014-06004 and amended by HDA2015-06001 and HDA2014-06004A. The primary change to the proposal is the addition of 0.1837 acres of the adjacent South Gulfview Boulevard right-of-way bringing the total site area to 2.5997 acres. No additional units are proposed therefore the density will decrease from 103 units per acre to 96 units per acre. The current request includes a new conceptual site plan which reflects the added property, changes to the building footprint to occupy the additional property, conceptual utility and infrastructure reconstruction, and appropriate changes to the Development Agreement. No other changes are proposed.
The building continues to be proposed at 150 feet in height as measured from the point at which minimum floor elevations have been established by law with structured parking on the first floor of the hotel building. A ten-floor parking garage component will be attached to the hotel building (as provided in the prior approved conceptual plans), primarily on the south side of the site. The parking spaces on the tenth floor of the parking garage are uncovered and open to the public. The proposal includes a tropical modern architecture, which is consistent with and complements the tropical vernacular envisioned in Beach by Design. Please note that while the floor plans appear to list 16 floors, there are only 15 as the hotel will not have a “13th” floor.
The site will be accessed via a total of seven driveways. Four driveways along Coronado Drive provide access to the parking component of the project with a one-way driveway system (ingress-only/egress-only) and a pair of driveways located at the southeast corner of the building which provide a single ingress point and two egress points (northbound only and southbound only). A two-way driveway along South Gulfview Boulevard at the southwest corner of the site and a second egress-only driveway centrally located along the north side of the along Fifth Street round out the six driveways providing access for guests of the hotel. The seventh driveway is located along Fifth Street at the northeast corner of the site and is a dedicated service driveway provided access to a loading zone and solid waste component both under the building.
The primary entrance and lobby of the building will be located along South Gulfview Boulevard on the second floor. Much of the ground floor of the hotel along Gulfview Boulevard and Beach Walk will consist of storefronts (a proposed mix of retail and restaurant although the exact tenants have not yet been secured) directly connected to Beach Walk in the area of the proposed to be vacated South Gulfview Boulevard right-of-way.
The proposal continues to include a pedestrian overpass over South Gulfview Boulevard. The proposed pedestrian bridge will be located at the southwest quadrant of the site and will stretch from the second floor along the west façade of the building across South Gulfview Boulevard to connect to the second floor of 430 South Gulfview Boulevard (The Opal Sands Resort).
The changes to the Development Agreement are listed below; however, the conceptual site plan have been updated to reflect the addition of the 0.1837-acres of South Gulfview Boulevard right-of-way.
Development Agreement
• Section 3 updates the legal description in Exhibit “A-2” to include the vacated right-of-way
• Section 4.3. updates conceptual plan in Exhibit “B-2” and is consistent with Beach by Design
• Section 4.4: Decreases the proposed density of units from 103 units per acre to 96 units per acre
• Section 6.1.3.1. references “B-2” as the conceptual site plan.
• Section 6.1.11 is added to address right-of-way utilities relocation.
• Section 6.1.3.3 is amended to reflect the new legal description in the hurricane evacuation plan
• Section 6.1.4 is amended to reflect the area of the vacated right-of-way.
• Section 8 updates the date by which the development agreement will expire.
Exhibit A-2
• Exhibit A-2 is added to provide the legal description for the additional property at the southwest quadrant of the site.
Exhibit B-2
• Exhibit B-2 replaces Exhibit B and provides updated conceptual site plans, architectural drawings, elevations, perspectives, floor plans and utility relocation plans
Exhibits C and D
While existing Exhibits C and D are not technically part of this amendment, the amendment requires these covenants to be updated to reflect the new legal description and updated signature blocks. These updated Exhibits have been included in the materials for this agenda item.
Consistency with the Community Development Code (CDC):
Minimum Lot Area and Width:
Pursuant to CDC Table 2-802, the minimum required lot area and width for an Overnight Accommodation use is 20,000 square feet and between 100 and 150 feet, respectively. The subject property is 113,242 square feet in area and approximately 540 feet wide. The site is consistent with these Code provisions.
Minimum Setbacks:
The conceptual site plan depicts setbacks of zero feet along the front (west) along South Gulfview Boulevard/Beach Walk, 15 feet along the front (north and east) along Fifth Street and Coronado Drive, respectively, side (south) setbacks of a minimum of five feet. 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. The proposal provides for a building 150 feet in height as measured from BFE where a height of up to 150 feet is permitted as prescribed 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 limited by Beach by Design as pertaining to buildings which exceed 100 feet in height.
The proposal provides for a building which exceeds 100 feet in height. The applicant has previously demonstrated that portions of any structures which exceed 100 feet in height are spaced at least 100 feet apart) and that there are no more than four structures which exceed 100 feet within 800 feet (Sheet A-0.25) thereby fulfilling the height requirements of Option 2 of Beach by Design section VII.B.2.
The height of the proposed building is consistent with the guidelines of Beach by Design.
Minimum Off-Street Parking:
The 248-room overnight accommodation use requires a minimum of 298 off-street parking spaces. A parking garage located on the ground level of the hotel building and within a ten-floor parking garage component attached to the south side of the hotel will provide a minimum of 298 spaces. No changes are proposed to the proposal which includes up to a maximum of 528 parking spaces (a mix of valet and self-parking spaces to be finalized through the FLD approval process) where 298 spaces are required which provides 230 parking spaces above that as otherwise required. The applicant has provided, as previously approved, that any spaces in excess of the minimum required will be available for use to the public. 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 street frontages. 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. It is expected that minimal changes will be made to the landscape plan approved as part of an amended Flexible Development application submittal. The proposal also includes improvements and reworking the landscaping in the public right-of-way including Beach Walk. This is generally shown in Exhibit B-2 and will be detailed as part of a resubmitted Flexible Development application submittal.
Consistency with Beach by Design:
Design Guidelines:
No significant changes to the building approved as part of FLD2015-09036A and HDA2014-06004A are proposed. 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. Staff has noted that there are instances where the tower component of the project exceeds 100 linear feet without an offset of greater than five feet contrary to Section C.2 of the Beach by Design Design Guidelines. Two instances occur on the east façade facing Coronado Drive with one on the ground floor and one on the tower component. One other instance occurs along the west façade of the tower. The Design Guidelines provide that they are intended to be administered in a flexible manner to achieve the high-quality built environment for the beach. Staff believes that the design solution is acceptable because the portions of the building which directly relate to the pedestrian realms surrounding the site include an extensive use of windows, doors and landscaping providing a great deal of articulation and/or visual interest, that the tower incorporates a curve which, over its entirety, constitutes a deviation of at least five feet and finally, that the tower will be mostly viewed and appreciated from a greater distance than the base where the longer building planes associated with the tower are proportionally appropriate.
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. Beach by Design Hotel Density Reserve provides that a maximum of 100 hotel rooms may be allocated to a resort located on less than 2.5 acres. The addition of the vacated right-of-way will increase the project acreage above this threshold; however, the rooms were allocated from the Hotel Density Reserve initially when the Property was less than 2.5 acres. The subsequent amendments to the Agreement reduce the effective density without impacting the initial grant of density compliance. The proposed vacation of the right-of-way is specifically contemplated in Beach by Design to allow for coordinated design with Beach Walk as comparted to the existing stub roadway. Staff considers this generally consistent with the intent of Beach by Design.
Standards for Development Agreements:
The proposal is compliant 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 third amended and restated amendment to the existing 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 no change in the number of units (100 units) allocated from the Hotel Density Reserve (previously approved as part of HDA2014-06004/Resolution No. 14-29 and amended by HDA2015-06001/Resolution No. 15-19 and HDA2014-06004A/Resolution 19-23);
• Adds Exhibit A-2 to provide an updated legal description for the inclusion of the vacated right-of-way;
• Revises Exhibit B-2 which includes new conceptual site plans, architectural drawings, elevations, perspectives, floor plans and utility relocation plans and renames that exhibit to “Exhibit B-2”;
• Exhibits C and D, while not part of the amendment, have been included to reflect the updated legal description and signature lines;
• Requires the developer to obtain building permits within one year of approval of the amended and restated Development Agreement 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;
• 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.