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7925-08 MOTION TO AMEND ORDINANCE NO. 7925-08 ON SECOND READING On page 4, amend Exhibit A to change maximum density from 175 units to 150 units as follows: A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size less than 2.5 acres. Those developments with a lot size greater than or equal to 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no instance shall the density of a parcel of land exceed 150 ~ units per acre regardless of whether it has received benefit of transfers of development rights in addition to the Reserve, or not; i4~i Pamela K. Akin City Attorney July 17, 2008 ORDINANCE NO. 7925-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY ESTABLISHING EDITORIAL CONSISTENCY WITH REGARD TO THE NAME OF THE EXISTING 600-UNIT DENSITY POOL AS THE "DESTINATION RESORT DENSITY POOL"; AMENDING SECTION V. CATALYTIC PROJECTS; SUBSECTION B. COMMUNITY REDEVELOPMENT DISTRICT DESIGNATION, ORGANIZING THE EXISTING TEXT OF THIS SUBSECTION INTO A NEW SUBSECTION B. 1. ENTITLED "DESTINATION RESORT DENSITY POOL"; CREATING A NEW SUBSECTION B. 2. ENTITLED "HOTEL DENSITY RESERVE," ESTABLISHING A HOTEL DENSITY RESERVE AND PROVIDING CRITERIA FOR ALLOCATING THE RESERVE; AMENDING SECTION VII. DESIGN GUIDELINES; SUBSECTION A. DENSITY, CLARIFYING DENSITY LIMITS OF 50 UNITS PER ACRE MAY ONLY BE EXCEEDED THROUGH THE DESTINATION RESORT DENSITY POOL OR 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, increases in overnight accommodation density do not result in permanent populations increases; and WHEREAS, the City of Clearwater desires to achieve economic parity between the overnight accommodation and the attached dwelling uses; and WHEREAS, the City of Clearwater desires to restore those mid-priced overnight accommodation units that were lost to redevelopment on Clearwater Beach; and WHEREAS, there is a maximum number of vehicular trips that can be accommodated on the existing transportation network, and the City of Clearwater desires to remain within the established Level of Service (LOS) standards for that transportation network; 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 Ordinance No. 7925-08 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, 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 Apri 1 17, ?OOR PASSED ON SECOND AND FINAL READING AND ADOPTED July 17. 2008 Approved as to form: 2 Ordinance No. 7925-08 EXHIBIT A ATTACHMENT TO ORDINANCE 7925-08 AMENDMENT 1 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION V. CATALYTIC PROJECTS Amend Subsection B. Community Redevelopment District Designation starting from page 48 as follows: * * * * * DestinMion Resort Density Pool The situation on Clearwater Beach is complicated by a number of additional factors. The existing regulatory regime limits density on the Beach to 40 hotel units per acre. In order to justifY the cost of demolishing income producing improvements (no matter how modest), new resort development would require a significant increase in density above 40 hotel units per acre. Depending on the discount rate and the current economic performance of the existing product, the gross cost of acquisition and demolition of existing units ranges from 2 to 4 times the per room cost which a quality resort hotel developer could afford to pay. Finally, much of the obsolescence of Clearwater Beach is attributable to the lack of resort facilities with a full range of on-site amenities. Several of the better hotels on Sand Key and Clearwater Beach operate as "destination resorts," however, even those resorts lack many of the amenities that are available at better hotels in other markets with which Clearwater Beach competes. * * * * * In order to stimulate the desired catalytic resort projects, Beach by Design establishes a limited pout Destinntion Resort Density Pool of 600 additional hotel rooms which would be available for use at one or more sites within designated priority redevelopment areas for a period of ten (10) years. This period would run from the date that the Community Redevelopment District is approved by the County and accepted by the State. In the event that the units were not allocated pursuant to Beach by Design within ten (10) years, the pool of units would cease to exist. Although Beach by Design creates a pool of additional clestinntion resort hotel rooms which are not currently authorized under the existing planning and regulatory regime, Beach by Design foresees that the additional units will not in fact have any adverse impact on Clearwater Beach, the City of Clearwater, Pinellas County, the Tampa Bay Region or the State of Florida. That is so because the way in which the units would be made available ensures that the nominal externalities of additional barrier island development will be eliminated or mitigated. For example, the reason d'etre of a destination resort is to have guests travel to the resort and spend most of their time (and money) at the resort. This fact is reflected in the Institute of Traffic Engineer's 6th Edition of the Trip Generation Manual which shows that destination resorts generate somewhere between 50% and 12% of the number of trips generated by traditional Ordinance 7925-08, Exhibit "A" motels and hotels. Experience from around the State of Florida - from Sanibel to Miami to Boca Raton to the Florida Keys -- demonstrates that guests at destination resorts generate a fraction of the number of daily trips which are projected by the Institute of Traffic Engineers for the occupants of an ordinary hotel room. Equally important, the availability of on-site amenities means that when guests leave the resort, their trips are highly discretionary and unlikely to occur during peak travel periods. A critical concern under Florida law involves increased residential densities on the State's barrier islands. Although the primary concern relates to hurricane evacuation, environmental issues are also implicated in undeveloped areas. Historically, Florida planning and zoning has treated hotel units as a type of residential dwelling, even though hotels are commercial operations and hotel guests do not generate school children or regularly require social and health services. As a result, an increase in hotel units on a barrier island, as a matter of law, constituted an increase in residential intensities - directly, where hotel units are defined as a residential use, or indirectly, as in the case of the Pinellas County Planning Rules and the City's land development regulations where hotel and residential units are interchangeable subject only a density ratio. For the purposes of the adJitional hotel units pool Oestination Resort Density Pool, Beach by Design provides that such units are not interchangeable with residential units and that hotel rooms will be limited to tenancies of 30 days or less. In addition, Beach by Design provides that any hotel room which is allocated from the additiolial hotel 100m pool Destination Resort Density Pool will be subject to a legally enforceable deed restriction that the hotel which contains an additional hotel room will be closed as soon as practicable after the National Hurricane Center posts a hurricane watch for an area which includes Clearwater Beach. As a result, no occupants of destination resorts would remain to be evacuated when and if a hurricane warning is posted. Recent experience reveals that most hotel reservations are cancelled when a hurricane watch is posted and that most hotel operators close as soon as possible because of the cost of maintaining staff and operations with only a few stalwart guests. In contrast, residents are likely to wait until the last minute or until they are ordered to evacuate. For Clearwater Beach, resort hotel units are an obvious advantage over residential units, that is, 0 persons required to evacuate from one acre of land improved with a destination resort hotel when a hurricane warning is posted, as opposed to 69 persons from one acre of land developed at current residential densities. * * * * * The allocation of units from the pool Destination Resort Density Pool to a particular project would be strictly controlled and would require that the proposed resort be of a character that it will serve as a catalyst for the revitalization of Clearwater Beach. In order to be eligible for additional resort hotel units, a project would have to have the following characteristics: * * * * * The allocation of additional hotel rooms from the pool Destinntion Resort Density Pool would be made by approval by the City Commission. The land areas which are eligible for additional hotel rooms from the additional hold wOHl poulDestinntion Resort Oensity Pool are highlighted on the adjacent aerial photograph. - 2 - Ordinance 7925-08, Exhibit "A" * * * * * ? Hotel Den~ity Re~erve (?007lJpdate) Since ?001, rlenrwater Rench hn~ ~lIffered n lo~~ of nlImerolI~ mid-~ize, mid-priced hotel room~ to what hnd heen n thrivine condominilIm mnrket lIntil ?00h/07 The lo~~ ofthe~e room~ hn~ hecome n ~ienificnnt i~~lIe for hoth rlenrwnter Rench nnd the rity n~ n whole A ~tlldy prepnred hy Dr Owen Reit~ch in Octoher ?OOh, nnnlyzed the mnrket nnd noted the exi~tence of n erent economic di~pnrity hetween hotel~ nnd condominilIm~ The di~pnrity wn~ ~o lnree dmine thi~ time thnt hotel~ reqlIired rOllehly five to ~even room~ per condominilIm lInit jlI~t to compete with potentinl condominilIm development in term~ of economic vinhility Rn~ed lIpon the exi~tine den~ity for condominilIm~ of 10 lmit~ per ncre, hotel~ wOlIld reqlIire n den~ity of hetween 1S0 nnd '7.10 room~ per ncre to he nn economicnlly vinhle nltemative to condominilIm~ The ClIrrent reelIlatory ~tmctlIre permit~ SO hotel room~ per ncre The lo~~ of hotel room~ nnd the formation of nn economic di~pnrity hetween hotel~ nnd condominillm~ were not limited to (;Jenrwater Rench nlone The ppr nl~o recoenized the i~~lIe n~ hnvine impnct~ cOlmtywide nnd propo~ed nn nmendment to the "RlIle~ roncemine the Admini~tration of the rOlIntywide FlItme l,nnd 1 J~e Plnn" (rOlmtywide Plnn RlIle~) that wOlIld ennhle mlInicipnlitie~ the opportllnity to ndopt nltemative den~ity nnd inten~ity ~tnndnrd~ for hotel~ in certnin flItme InndlI~e cnteeorie~ Followine exten~ive di~clI~~ion~ nnd modificntion~, the rOlIntywide Plnnnine AlIthority ((;PA) eventlInlly npproved the nltemntive den~ity propo~nl on Octoher 1 h, '7.007, vin Pinelln~ rOlmty Ordinnnce No 07-S0 The nllownhle den~itie~/inten~itie~, however, did not nchieve tme economic pnrity nnd encomneed re~ort~ nnd not the mid-~ize, mid-priced hotel~ that (;Jenrwnter Rench hn~ lo~t While the De~tinntion Re~ort Den~ity Pool crented hy Rearh hy ne\!ign hn~ he en ~lIcce~~flll in incentivizine re~ort~ ~lIch n~ the Snnd Penrl, the AqlInlen nnd the Kirnn Grnnde, the rity need~ to nttrnct other type~ of hotel~ in order to provide n vnriety of tomi~t fncilitie~ nnd remnin competitive in the tomi~t mnrket Since the Pinelln~ Plnnnine rOlIncil'~ rOlIntywide Flltme 1 ,nndl J~e Mnp de~iennte~ (;Jenrwnter Rench n~ n rommlInity Redevelopment f)i~trict, the rity hn~ the option to hnve den~ity provi~ion~ that nre different thnt tho~e ~et forth in The Rule\! Cnnrerning the Admini\!tratinn nfthe Cnuntywide Future "and rr\!e Plan The rity hn~ opted to pm~lIe density incren~e~ thnt wOlIld enin economic pnrity in hope~ of fncilitntine new mid-~ize, mid-priced hotel~ The rity hired DKS & A~~ociate~ to condllct n trnffic nnnly~i~ in order to determine whnt den~ity cOllld he nchieved on (;Jenrwater Rench while mnintninine the e~tnhli~hed l,evel of Service (InS) for trnn~portntion concllrrency The ~tlldy determined thnt the den~itie~ needed to nchieve tme economic pnrity wOllld deernde the Ins for the trnn~portntion network helow thnt nllowed hy the rlenrwater romprehen~ive Plnn Therefore, ndditionnl ~cennrio~ were IIndertnken nnd it wn~ ~lIh~eqlIently determined that rlenrwnter Rench cOlIld ~lIppOrt nn ndditionn I 1, 1R'::; hotel room~ or nn ncro~~-the-honrd den~ity of 90 hotel room~ per ncre However, ~ince thi~ den~ity fell ~hort creatine the economic pnrity de~ired, the rity determined that it cOlIld hetter meet it~ eonl of fncilitntine the mid-~i7e, mid-priced hotel hy cnptmine thi~ - 3 - Ordinance 7925-08, Exhibit "A" development potentiHl into H reserve Hnd HllocHtine; those reserved hotel rooms on H pHrcel-hy- pHrcel hHSis This HpproHCh wOllld Hlso Hllow the typicHl 170-room mid-size, mid-price hotel to he constmcted on smHller properties Hotel indllstry sources hHve indicHted thHt 170 is H prHcticHl minimllm for the nllmher of hotel rooms thM wOllld he reqllired in oreler to creHte H sllccessflll Hnd profitHhle mid-size, mid- priceel hotel For CleHrwHter ReHch thHt wOlllel meHn Hn Hssemhly ofrolle:hly 7 4 Hcres IInder the cllrrent ree;IIIHtory stmctllre Given the IIrhHn nHtllre of CleHrwHter ReHch HS well HS the extent to which the existine: pHrcels of IHnd Hre confie:ureel or "hroken-IIp", the Hssemhbge of H pHrcel of IHnd IHre:e enolle:h to e:enerHte 170 rooms Ht the cllrrent hHse density or IIneler the CP A Hpproved HltemMives, is very IInlikely On HverHe;e, hetween three Hnd five sepHmte pHrcels wOllld need to he Hcqllired to HmHSS jllst one Hcre of IHnd, Hnel M leHst ten pHrcels wOllld need to he Hcqllired to HmHSS three Hcres of IHnd, Hnd in most scenHrios some see;ment of those ten pHrcels wOllld he sepHmted from the hHIHnce hy H rie;ht-of-wHY; therehy mHkine: the development ofH hotel difficlllt Ht hest Tn order to overcome the constrHints IIpon hotel development on CleHrwMer ReHch dlle to the economic elispHrity with conelominillm elevelopment, HS well HS to fHcilitHte the restorHtion of those lost mid-size, mid-priced hotels, ReHch hy Desie:n estHhlishes H Hotel Density Reserve (Reserve) of 1 ,1R'5 hotel rooms The HllocHtion of hotel rooms from the Reserve shHll he mHde throlle:h the HpproVHI of H development He:reement with the City of CleHrwMer with sHiel HllocMion heine; strictly controlled Tn order to he elie:ihle to elmw IInits from the Hotel Density Reserve, H development wOllld hHve to incorpomte, meet, Hnd/or Hhide hy eHch of the followine:' .:. Those properties Hnd/or developments thHt hHve Hcqllired density from the DestinMion Resort Density Pool Hre not elie:ihle to hHve rooms HllocHteel from the Reserve; .:. Those properties Hnd/or developments thHt hHve hHd density trHnsferred off to Hnother property Hnd/or development(s) throlle:h Hn Hpproved TrHnsfer of Development Rie;hts (TDR) HpplicMion hy the City Hfter Decem her 11, 2007, Hre not elie;ihle to hHve rooms HllocMed from the Reserve; .:. A mHximllm of 100 hotel rooms mHY he HllocHted from the Reserve to Hny elevelopment with H lot size less thHn 2 '5 Hcres Those developments with H lot size e:reHter thHn or eqllH I to 7 '; Hcres mHY IIse the Reserve to Hchieve H density of 90 hotel rooms per Hcre However, in no instHnce shH 11 the elensity of H pHrcel of IHnel exceed 1 '50 IInits per Hcre ree:Hrdless of whether it hHS received henefit oftrHnsfers of development rie:hts in Hddition to the Reserve, or not; .:. Accessory IIses inconsistent with Hmenities typiCHI of H miel-priced hotel shHll reqllire compliHnce with the hHse FAR reqllirements of the Resort FHcilities Hie:h (RFH) Fllture LHnd 1 Tse cHtee:ory; .:. No hotel room HllocMed from the Reserve mHY he converted to H residentiHI IIse (i e HttHched dwelline:); - 4 - Ordinance 7925-08, Exhibit "A" .:. The m::lximum huildine heiehts of the v::lrious ch::lr::lcter districts c::lnnot he incre::lsed to ::Iccommod::Jte hotel rooms ::I11oc::lted from the Reserve; .:. When hoth the ::I 11 oc::Jti on of hotel rooms from the Reserve ::Ind the tr::lnsfer of development riehts (TDR) ::Ire utilized ::IS p::lrt of::l development, only hotel rooms hroueht in to the project throueh the TDR process ::Ire elieihle to he constmcted ::Ihove the otherwise m::lximum huildine heieht, hut only provided th::Jt::l11 TDR criteri::l ::Ire met; .:. A lee::llly enforce::lhle m::lnd::ltory eV::lcu::ltion/closure coven::lnt th::lt the overnieht ::Iccommod::Jtion use will he closed ::IS soon ::IS pr::lctic::lhle ::Ifter ::I hurric::lne w::Jtch th::Jt includes Cle::lrw::Jter Re::lch is posted hy the N::Ition::l1 Hurric::lne Center; .:. Access to overnieht ::Iccommod::ltion units must he provided throueh ::I lohhy ::Ind intern::ll corridors; .:. A 11 hotel rooms oht::lined from the Reserve th::lt ::Ire not constmcted sh::l11 he refllrned to the Reserve; .:. The development sh::l11 comply with the Metropolit::ln Pl::lnnine Ore::lniz::ltion's (MPO) cOlmtywide ::Ippro::lch to the ::Ipplic::ltion of concurrency m::ln::leement for tr::lnsport::ltion f::lcilities, ::Ind the tr::lnsport::Jtion ::In::llysis conducted for the development sh::l11 include the fo11owine" · Recoenition of st::lnd::lrd d::lt::l sources ::IS est::lhlished hy the MPO; · Tdentific::Jtion of level of service (LOS) st::lnd::lrds for st::lte ::Ind county ro::lds ::IS est::lhlished hy the MPO; · 1 Jtiliz::Jtion of proportion::lI f::lir-sh::lre requirements consistent with Florid::l St::Jtues ::Ind the MPO model ordin::lnce; · 1 Jtiliz::Jtion of the MPO Tmffic Tmp::lct Study Methodoloey; ::Ind · Recoenition of the MPO desien::Jtion of "Constr::lined F::Icilities" ::IS set forth in the most current MPO A nnu::ll Level of Service Report .:. A reserv::Jtion system sh::l11 he required ::IS ::In inteeml p::lrt of the hotel use ::Ind there sh::l11 he ::I lohhy/front desk ::Ire::l th::lt must he oper::lted ::IS ::I typiC::lI lohhy/front desk ::Ire::l for ::I hotel woul d he oper::Jted; ::Ind .:. The hooks ::Ind records pert::linine to use of e::lch hotel room sh::l11 he open for inspection hy ::Iuthorized represent::ltives of the City, upon re::lson::lhle notice, in order to confirm comp1i::lnce with these reeul::Jtions ::IS ::I11owed hyeener::lll::lw AMENDMENT 2 - BEACH BY DESIGN: A PRELIMINARY DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES, SECTION VII. DESIGN GUIDELINES Amend Subsection A. Density on page 64 as follows: - 5 - Ordinance 7925-08, Exhibit "A" * * * * * Historically the maximum permitted density for overnight accommodation uses has been 40 units per acre. In order to assist in the redevelopment of Clearwater Beach, the maximum permitted density in Beach by Design shall be 50 units per acre. * It also allows this maximum density of 50 units per acre to be exceeded through the flllocfltion of lInits from the Destinfltion Resort Density Pool, the flllocfltion ofllnits from the Hotel Density Reserve, flnd the use ofTDRs from other properties located within the Clearwater Beach Community Redevelopment District in compliance with the following provisions: * * * * * Beach by Design also supports the allocation of additional density for resort development through the density pool Destinfltion Resort Density Pool established in Section V.B~ of this plan, flS well flS the flllocfltion of fldditionfll density for mid-price hotels throlleh the Hotel Density Reserve estflhlished in Section V R ? of this plfln. The maximum permitted floor area ratio for nonresident development is limited to 1.0 pursuant to the Pinellas County Planning Council intensity standards. * * * * * Amend Subsection B. Height on page 65 asfollows: * * * * * 1. additional density is allocated to the development either by transferred development rights or Vifl the Destinfltion Resort Density Pool with IJ(JlIUS h(Jtel uuits pursuant to the CRD designation; * * * * * - 6 - Ordinance 7925-08, Exhibit "A"