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AMENDMENTS TO BEACH BY DESIGN, ORDINANCE 7967-08 - June 17, 2008AMENDMENTS TO BEACH BY DESIGN ORDINANCE: 7967-08 AGENDA ITEM: E- 7 CDB Meeting Date: Case Number: Ordinance No.: Agenda Item: June 17.2008 Amendments to Beach bv Design 7967-08 E.7. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines INITIATED BY: City of Clearwater Planning Department BACKGROUND: At its meeting of March 31, 2008, the City Council approved on first reading amendments to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines (Ordinance No. 7925-08) that, among other things, established the Hotel Density Reserve (Reserve). The Reserve consists of 1,385 hotel rooms that are intended to assist developers in overcoming the constraints upon hotel development on Clearwater Beach due to the recognized economic disparity with condominium development as well as to facilitate the restoration of lost mid-size, mid-priced hotels. As a part of its discussions on the amendments, the City Council recognized that additional height might, in fact, be needed in certain circumstances in order to accommodate the additional density that may be allocated from the Reserve to a project. As such, the City Council provided direction to further amend Beach by Design to allow for increased height for hotels being allocated additional density from the Reserve, but only in limited locations. In addition to the above, the City Council made note of an existing design guideline within Beach by Design that could prevent hotels from being able to accommodate in its design all of the hotel rooms that it may otherwise be able to have allocated from the Reserve. Following further review of this provision, revisions are proposed that would alleviate the negative potential of this provision. ANALYSIS: The proposal amends Beach by Design Section VII, Design Guidelines; Subsection B. Height, to allow for the maximum height to be increased to 150 feet if additional density is allocated to the development via the Reserve, but only for those properties located between South Gulfview Boulevard and the Gulf of Mexico or located on the west side of Coronado Drive. The proposal also amends Subsection C. Design, Scale and Mass of Buildings, to allow for 75% (instead of 60%) of the theoretical maximum building envelope to be occupied by a building for those hotels on less then 2.0 acres that have been allocated additional density via the Reserve. Attached with this staff report is the proposed Ordinance No. 7967-08, which amends Beach by Design as per the above. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. CRITERIA FOR TEXT AMENDMENTS: Community Development Code (CDC) Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development Board - June 17,2008 Amendments to Beach by Design - Page 1 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to Beach by Design: Goal 2 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective 2.1 The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy 2.1.1 Redevelopment shall be encouraged, where appropriate, by providing development incentives such as density bonuses for significant lot consolidation and/or catalytic projects, as well as the use of transfer of developments rights pursuant to approved special area plans and redevelopment plans. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed amendment to Beach by Design will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103 : o Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103.B.1). o Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1- 103.B.3). SUMMARY AND RECOMMENDATION: The proposed amendment to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines are consistent with and furthers the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Further, the proposed amendment will assist in overcoming the constraints upon hotel development on Clearwater Beach by helping to facilitate the restoration of lost mid-size, mid-priced hotels. The Planning Department recommends APPROVAL of Ordinance No. 7967-08 that amends Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Prepared by Planning Department Staff~-/ /4-- Robert G. Tefft, Planner III ATTACHMENT: o Ordinance No. 7967-08 S;IPlanning DepartmentlBEACH BY DESIGNlAMENDMENTS TO BEACH BY DESIGM2008 Increased Heightfor Hotel Reserve AmendmentlOrdinance No 7967-08200806-17 CDB Staff Report.doc Community Development Board - June 17, 2008 Amendments to Beach by Design - Page 2 Robert G. Tefft 100 South Myrtle Avenue Clearwater, Florida 33756 (727) 562-4539 robert.tefft@mvcleanvater.com PROFESSIONAL EXPERIENCE · Planner III City of Clearwater, Clearwater, Florida June 2005 to Present Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports, and making presentations to various City Boards and Committees. · Planner II City of Clearwater, Clearwater, Florida May 2005 to June 2005 Duties include performing technical review of and preparation of staff reports for various land development applications, the organization of data and its display in order to track information and provide status reports. · Senior Planner City of Delray Beach, Delray Beach, Florida October 2003 to May 2005 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional uses, rezonings, land use amendments, and text amendments. Organized data and its display in order to track information and provide status reports. Make presentations to various City Boards. . Planner City of Del ray Beach, Delray Beach, Florida March 2001 to October 2003 Performed technical review of and prepared staff reports for land development applications such as, but not limited to: site plans, conditional use and text amendments. Organization of data and its display in order to track information and provide status reports. Provided in-depth training to the Assistant Planner position with respect to essential job functions and continuous guidance. . Assistant Planner City of Delray Beach, Delray Beach, Florida October 1999 to March 2001 Performed technical review of and prepared staff reports for site plan development applications. Performed reviews of building permit applications. Provided information on land use applications, ordinances, land development regulations, codes, and related planning programs/services to other professionals and the public. EDUCATION · Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999 LICENSES & CERTIFICATES · American Planning Association ORDINANCE NO. 7967-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION B. HEIGHT, ALLOWING FOR INCREASED HEIGHT FOR OVERNIGHT ACCOMMODATION USES BEING ALLOCATED ADDITIONAL DENSITY VIA THE HOTEL DENSITY RESERVE IN LIMITED LOCATIONS; AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION C. DESIGN, SCALE AND MASS OF BUILDINGS, MODIFYING THE DESIGN GUIDELINE GOVERNING THE THEORETICAL MAXIMUM BUILDING ENVELOPE AS IT PERTAINS TO OVERNIGHT ACCOMMODATION USES BEING ALLOCATED ADDITIONAL DENSITY VIA THE HOTEL DENSITY RESERVE; AND MAKING MINOR EDITORIAL CHANGES; PROVIDING THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER COMMUNITY DEVELOPMENT CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall and the City desires to support the tourism industry; and WHEREAS, the City of Clearwater desires to restore those mid-priced overnight accommodation units that were lost to redevelopment on Clearwater Beach and foresees that increases in height may be necessary to accommodate those additional overnight accommodation units; and WHEREAS, the City of Clearwater recognizes that existing regulations within Beach by Design are potentially restrictive as they pertain to the actual design and construction of a project that accommodates additional overnight accommodation units; and , WHEREAS, the proposed amendments to Beach by Design have been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendments to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, Beach by Design was originally adopted on February 15, 2001, and subsequently amended, now therefore, 1 Ordinance No. 7967-08 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Amendments 1 - 2 to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines attached hereto as Exhibit "A" are hereby adopted. Section 2. This ordinance shall become effective when the Department of Community Affairs (DCA) issues a final order determining the adopted amendment to be in compliance, or the Administration Commission issues a final order determining the adopted amendments to be in compliance, in accordance with Section 163.3184, 163.3187, or 163.3189, F.S., as amended. Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same; and Section 4. It is the intention of the City Council that this ordinance and plan and every provision thereof, shall be considered severable; and the invalidity of any section or provision of this ordinance shall not affect the validity of any other provision of this ordinance and plan; and Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank Hibbard Mayor-Councilmember Approved as to form: Attest: Cynthia E. Goudeau City Clerk Leslie Dougall-Sides Assistant City Attorney 2 Ordinance No. 7967-08 EXHIBIT A ATTACHMENT TO ORDINANCE 7967-08 AMENDMENT 1 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection B. Height on page 65 as follows: ***** Maximum height is prescribed by the respective zoning districts in the Community Development Code unless otherwise restricted by Beach by Design. The height may be increased, however, to one hundred fifty feet (150') if: 1. additional density is allocated to the development either by transferred development rights, or via the Destination Resort Density Pool pursuant to the CRD designation, or vi::! the Hotel Density Reserve where the suhject property is lor.::!ted hetween SOllth GlIlfview ROlllevnnl and the Gulf of Mexico or on the west sioe of l-oronado Drive; 2. portions of any structures which exceed one hundred feet (100') are spaced at least one hundred feet (100') apart (with no more than two (2) structures which exceed one hundred feet (100') within five hundred feet (500'); or four (4) structures which exceed one hundred feet (100') within eight hundred feet (800') so long as the elevations of all structures which exceed one hundred feet (100') when such structures are viewed from the east do not occupy a total of forty percent (40%) of a north south vertical plane which is parallel to the alignment of Coronado and North Mandalay of the building envelope above one hundred feet (100'); and 3. the floorplate of any portion of a building that exceeds forty-five feet (45') in height is limited as follows: a) between forty-five feet (45') and one hundred feet (100'), the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; b) between one hundred feet (100') and one hundred fifty feet (150'), the floorplate will be no greater than 10,000 square feet; and c) deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45' as described in section C. 1.4 below. ***** Ordinance 7967-08, Exhibit "A" AMENDMENT 2 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection C Design, Scale and Mass of Buildings starting from page 68 as follows: ***** 4. No more than sixty percent (60%) of the theoretical maximum building envelope located above forty-two-fi~.Xeet (z$2-l-~) will be occupied by a building. How~ver, in thos~ inst;mces wh~r~ an overnight accommofi;"-ltions nse on less than) 0 acres that h;")s heen allocMed additional density via th~ Hotel DensityR~serv~J no mor~ than sev~nty-fiv~ percent (7.')%) of the theoretic;")l m;")ximnm hnildine enve'op~ located ;")hove forty-five fe~t (4'; ') may he occupied hya hnildine For the purpose of this standard, theoretical maximum building envelope is the maximum permitted building volume that could be theoretically occupied by a building and occupied by a building includes any portion of the maximum possible building envelope that is not visible from a public street. THEORETICAL fVlAXlMUM BUILDING ENVELOPE fVlAXlMUM HEIGHT ~ 45' Application of quantifiable architectural standard (4) ***** - 2 - Ordinance 7925-08, Exhibit "A"