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FLD2008-02002 - 1590 Gulf Blvd CDB Meeting Date: August 19, 2008 Case Number: FLD2008-02002 Agenda Item: D2 Owner/Applicant: Belleview Biltmore Owner, LLC Representative: Richard Heisenbottle, R. J. Heisenbottle Architects, P.A. Address: 1590 Gulf Boulevard CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Flexible Development approval to permit a 38-unit overnight accommodation use with a 125-seat accessory restaurant in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G. CURRENT ZONING: Commercial (C) District CURRENT FUTURE LAND Commercial General (CG) USE CATEGORY: PROPERTY USE: Current Use:Restaurant Proposed Use: Overnight accommodation use with accessory restaurant EXISTING North: High Density Residential Attached dwellings (Cabana Club SURROUNDING ZONING (HDR) District Condos) AND USES: South: High Density Residential Attached dwellings (Dan’s Island (HDR) District Condos) East: High Density Residential Attached dwellings (The Harbour (HDR) District Condos) West: Preservation (P) District Gulf of Mexico ANALYSIS: Site Location and Existing Conditions: The 1.38 total acres (0.96 acres zoned Commercial District; 0.42 acres zoned Open Space/Recreation and Preservation Districts) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the Community Development Board – August 19, 2008 FLD2008-02002 – Page 1 of 15 City limits line between Clearwater and Belleair. The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and “members only” restaurant for the condominiums, built in the early 1980’s. This parcel was conveyed separately in the early 1990’s, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed. The site was the subject of a land use plan map amendment and rezoning application in year 2000, proposed for Residential High (RH) land use and High Density Residential (HDR) District (Case No. LUZ 00-05-08). That case was denied by the City Council on September 21, 2000. A Flexible Development application (Case No. FL 00-05-19) in conjunction with the land use plan map amendment and rezoning application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was withdrawn due to the denial of the land use plan map amendment and rezoning application. On November 19, 2002, the Community Development Board (CDB) approved a Flexible Development application (Case No. FLD2002-09029) with seven conditions to permit the re-establish of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public. The site is a total of 1.38 acres, where 0.96 acres is zoned Commercial District (landward of the Coastal Construction Control Line [CCCL]) and 0.42 acres is zoned Open Space/Recreation and Preservation Districts (seaward of the CCCL). There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 – 60 feet. The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Sand Key with commercial land use. Residential land uses dominate parcels fronting on either side of Gulf Boulevard. There are portions of property to the north zoned Business (B) District, as a result of a settlement agreement with U.S. Steel on February 4, 1987, but with a Residential High (RH) land use (currently those sites are being requested to be appropriately rezoned by the City since the settlement agreement has expired). The only other commercial uses are on the northern portion of Sand Key. The site is presently developed with a 10,502 square-foot building, which are two stories over an open ground floor. The restaurant on the second and third floor is 7,054 square feet of enclosed floor area. There is an outdoor café on the third floor of 1,916 square feet overlooking the beach. A pool is adjacent to the restaurant building. The restaurant building has separate restrooms and lockers for the pool and beach that have been used for guests of the Belleview Biltmore Hotel only. The current Business Tax Receipt (occupational license) for this restaurant is for a maximum of 305 seats. Surrounding properties are zoned High Density Residential (HDR) District and are developed with attached dwelling condominium buildings. Development Proposal: The proposal is to redevelop the site with a 38-room/unit, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men and women’s locker rooms, exercise room and beachfront cabanas. The proposed hotel will be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience. The hotel will be fully staffed 24 hours a day as is typical for hotel operations. The proposed building design situates building entrances, storage and parking on the ground floor and the hotel lobby, restaurant and the other accessory uses (pool, men’s and women’s locker rooms and exercise room), as well Community Development Board – August 19, 2008 FLD2008-02002 – Page 2 of 15 as other back-of-house areas of the hotel on the first floor. The swimming pool is proposed elevated above parking on the ground floor of the building. The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The proposed restaurant, approximately 4,986 square feet in floor area, includes the kitchen (952 square feet), seating area (2,938 square feet) and the pool bar and grill (1,096 square feet). The restaurant will be open to the public, like at most other hotels. The hours of operation of the accessory restaurant portion have not yet been determined. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from a property/building corner of the Cabana Club condominiums and 10 feet from the south property line. The fifth floor includes two-level suites that have the bedroom areas on the sixth (attic) floor. The existing parking lot for the Dan’s Island condominiums is adjacent to the south property line of this site. It is important to note that this property is zoned Commercial District and an overnight accommodation use is permitted by the underlying Commercial General (CG) land use category. Overnight accommodation uses are listed as a Minimum Standard, Flexible Standard and Flexible Development use in the Commercial District. The surrounding area is dominated by residential development in a built-out condition. Since the entire surrounding area is built-out and redevelopment of these surrounding residential properties is not anticipated in the foreseeable future, the redevelopment of this property will not impede or restrict this surrounding developed circumstance, nor impede the ability of these surrounding properties to enhance their developments in accordance with Code provisions. From a use standpoint, the proposed overnight accommodation use with its site and building design is more compatible with this surrounding residential character than other permissible commercial uses in the Commercial District. The principal activity of the hotel guests will be to enjoy the beach, much like the existing residents. This hotel, with only 38 rooms/units, may not make economic sense as a freestanding hotel. The economic viability of this hotel, with its accessory restaurant, only makes sense in association with the Belleview Biltmore Hotel, where the identification, operation and marketing of this hotel is by a common operator. Other commercial uses, albeit their approval would need to be through the Flexible Development public hearing process, would most likely be designed as a commercial building dissimilar to the surrounding residential character. Use characteristics of other permissible commercial uses may produce more negative impacts than this proposed hotel, including vehicle trip generation. Other commercial uses could produce substantially more noise and a peak activity period much later in the evening than the proposed hotel. The applicant has blended this proposed hotel well into the fabric of this area through location and architecture of the building. As designed, the proposed hotel building will appear to be an extension of the Cabana Club condominiums rather than totally “different” use. Existing residential developments that front on the Gulf of Mexico are situated with the longest dimension of the building on a north/south axis to maximize the number of residential units facing the water. The proposed hotel design is consistent with the bulk, coverage, density and character of Sand Key, but with a building substantially lower in height than all existing buildings that front on the Gulf of Mexico. It is noted that there are no adopted design guidelines for this area of the City. This hotel will not have any meeting rooms, maintaining a closer characteristic compatibility with the surrounding residential uses. While the hotel will have an accessory restaurant that will be open to the general public, the size of this restaurant is significantly less than the existing freestanding restaurant with banquet facilities. The development of a hotel on this property is not anticipated to increase crime in this area of Sand Key, in part due to the association with the Belleview Biltmore Hotel, where the health and safety of the residents of this surrounding area is not anticipated to be diminished. The ability of this hotel design to blend in with the residential uses, as well as the enhanced landscaping of the site, is not viewed as a detriment to the adjoining properties, nor substantially affecting the value of the adjacent properties. The existing assessed value of this property is over $4 million. Redevelopment of this property with the proposed hotel is anticipated to substantially increase the value of this property. Community Development Board – August 19, 2008 FLD2008-02002 – Page 3 of 15 The site is irregularly shaped and the site boundaries on the north side reflect the location of and proximity of the existing buildings (restaurant and condominium). This irregular shape of the property, as well as the location of the condominium building, creates design challenges for the applicant. The proposed building has been designed on the site with the northern portion of the building in the same location as the existing building with a zero-foot setback. The proposed building will be located adjacent to the CCCL at a zero- foot setback, much like the adjacent Cabana Club condominium building. Based on aerial maps indicating the location of the CCCL, it also appears that the adjacent Dan’s Island buildings are at or close to the CCCL. As mentioned previously, the northwest corner of the existing building is also located at the CCCL. It is also noted that the adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. The proposed parking has been designed at a five-foot front setback, similar to that which currently exists, which aligns the eastern drive aisle with that on the adjacent Cabana Club condominium property. The proposed building and parking lot have been designed meeting the required side (south) setback of 10 feet. There exists a concrete sidewalk providing pedestrian beach access within an access easement adjacent to the south side of this site on the Dan’s Island condominium property, which will not change with this proposal. The western portion of this public access sidewalk actually is partially located on the subject property without the benefit of an access easement. Unless relocated to be within the existing access easement on the Dan’s Island condominium property, a public access easement for that portion of the encroaching sidewalk needs to be recorded prior to the issuance of the Certificate of Occupancy for this project. Based on this irregular shape of the property, the size of the property, the location of the CCCL, the location of adjacent buildings at or close to the CCCL, the location of the adjacent Cabana Club condominium building being located at or close to a zero-foot setback to the common property line, a shared driveway and the location of drive aisles in the parking areas of the Cabana Club condominium property, deviations from the development standards are appropriate and compatible with the surrounding properties. It is important to the applicant for the Cabana Club to reflect the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes. While the Belleview Biltmore Hotel is located within the Town of Belleair, the building’s design reflects architectural features of both the historic hotel as well as the Cabana Club condominium buildings located to the immediate north of the site. These similar features include the building and roof colors, the exterior siding material, the fenestration and the steeply pitched rooflines with multiple dormers. The building will be primarily white in color, green shutters, natural terracotta brick on the ground level and green roof shingles. The proposed project has been oriented to take advantage of the Gulf of Mexico view, much like the orientation of the adjacent condominium buildings, but the building’s length and width have been designed to minimize the footprint of the building (being smaller than all adjacent buildings). The location of the proposed building has been designed to be generally consistent with the adjacent residential buildings to the north and south. The front of the building does not extend closer to Gulf Boulevard than either residential building to maintain a consistent view from the street. The location of the proposed hotel has been designed to minimize view impairment from adjoining properties. The distance from the closest point of the Dan’s Island building is approximately 100 feet from this site’s southern property line. The hotel building location and orientation is such that it will not impair the view through windows and balconies of the adjacent Dan’s Island units. The hotel room portion of the building has been moved eastward to minimize view impairment by units in the adjacent Cabana Club. The Harbour and The Isle of Sand Key condominium buildings are located across Gulf Boulevard from this site. The Harbour condominium building is located more to the east of the Cabana Club condominium buildings, while The Isle of Sand Key condominium building is located more than 300 feet to the south of Community Development Board – August 19, 2008 FLD2008-02002 – Page 4 of 15 the subject property. The design of the project has minimized any adverse visual effects to the greatest degree possible while allowing a reasonable use of the property. The applicant is also proposing eight, 10 feet x 10 feet, temporary cabana structures approximately 25 feet seaward (west) of the CCCL. In accordance with the provisions of Section 3-905.B, the Florida Department of Environmental Protection (FDEP) must approve of these structures being seaward of the CCCL. These temporary cabanas will be on the subject property between the CCCL and the seawall (presently buried below the sand) and will be constructed with a foundation that permits the metal poles of the cabana to be slipped in and bolted. The cabanas will be fabric covered to provide shade. The proposal includes adding a 2.1-foot cap to the existing seawall. There exists a five-foot wide pedestrian access easement just inside (landward) of the seawall, where the temporary cabanas will not encroach into this easement, and continued pedestrian access will not be impaired. The applicant proposes to plant this sandy area between the CCCL and the seawall with seashore paspalum, which is a salt-tolerant beach plant. The applicant is not proposing any hardscape (concrete or pavers) within the area for the temporary cabanas west of the CCCL. It is noted that the placement of lounge chairs and eyebrow umbrellas to provide shade similar to that found on Clearwater Beach does not require any permits from the City. Density: Pursuant to the Section 2-701.1, the maximum density for properties with a designation of Commercial General (CG) land use for overnight accommodation uses is 40 rooms/units per acre. Based on the land area of 41,963 square feet (0.96 acre) zoned Commercial (C) District (the land area above the CCCL), the proposed number of units is limited to 38 rooms/units, which is consistent with the Countywide Future Land Use Plan with regard to the maximum allowable density. Impervious Surface Ratio (I.S.R.): Pursuant to Section 2-701.1 of the Community Development Code, the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.78 (based on the land area zoned Commercial District), which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to Table 2-704 of the Community Development Code, the minimum lot area and width for overnight accommodation uses ranges between 20,000 – 40,000 square feet and 100 – 200 feet respectively. The subject property is 41,965 square feet in area and has 88.41 feet of frontage along Gulf Boulevard. The lot area for this proposal is consistent with these Code provisions. The proposal includes a reduction to the minimum lot width to that which exists. This lot was previously part of the Cabana Club condominiums property, was split off in the early 1990’s, litigated and determined to be a legal parcel. There are no Minimum Standard Development uses in the Commercial District that permit a lot width less than 100 feet, therefore, any use will require flexibility for a reduction to lot width. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of required lot width. This lot width can be viewed as a nonconformity. There are no provisions regarding nonconforming lots for commercial property under Article 6 of the Code. This proposal’s lot width reduction appears consistent when considering all potential uses and where the Minimum Standard Development lot width requirements for any of these uses cannot be met. Minimum Setbacks: Pursuant to Table 2-704 of the Community Development Code, the minimum front setback for overnight accommodation uses ranges between 15 – 25 feet (setbacks for parking lots can be reduced to a minimum of 15 feet), the side setback can range between 0 – 10 feet and the rear setback can range between 10 – 20 feet (measured from the CCCL). The proposal includes a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero Community Development Board – August 19, 2008 FLD2008-02002 – Page 5 of 15 feet (to building), a reduction to the rear (west) setback from the CCCL from 20 to zero feet and to allow proposed temporary cabanas up to 25 feet west of the CCCL. This application must be processed as a Comprehensive Infill Redevelopment Project due to the proposed reductions to the proposed building or pavement to the front, side (north) and rear setbacks, as well as the proposed height increase. The Community Development Code defines the coastal construction control line (CCCL) as “a boundary established by the State of Florida pursuant to F.S. § 161.053 to regulate how close structures can be constructed to certain coastal waters.” Section 3-905 of the Code sets out the regulations for the CCCL. Required setbacks are measured from the CCCL, as set out in Section 3-905.A. Section 3-905.B states that “no building or structure shall be located seaward of the coastal construction control line unless approved by the State of Florida.” The site is irregularly shaped, since this site was previously part of the Cabana Club condominium property, and the site boundaries on the north side reflect the location of and proximity of the existing buildings (restaurant and condominium). This irregular shape of the property, as well as the location of the condominium building, creates design challenges for the applicant. The proposed building has been designed on the site with the northern portion of the building in the same location as the existing building with a zero-foot setback due to site constraints and lot configuration. This northern edge of the building will abut the side of the adjacent Cabana Club condominiums in an area where there are no balconies on this building. The Cabana Club condominium building also has ground level parking, similar to the proposed hotel. While the northern portion of the building with the hotel lobby and restaurant is designed only two stories in height, due to the higher first floor elevation in order to meet FEMA regulations, this northern portion will be only slightly shorter than the existing restaurant building. The proposed building will be located adjacent to the CCCL at a zero-foot setback, much like the adjacent Cabana Club condominium building. Based on aerial maps indicating the location of the CCCL, it also appears that the adjacent Dan’s Island buildings are at or close to the CCCL. As mentioned previously, the northwest corner of the existing restaurant building is also located at the CCCL. It is also noted that the adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. The proposed parking has been designed at a five-foot front setback, similar to that which currently exists, which aligns the eastern drive aisle with that on the adjacent Cabana Club condominium property. The proposed building and parking lot have been designed meeting the required side (south) setback of 10 feet. Based on this irregular shape of the property, the size of the property, the location of the CCCL, the location of adjacent buildings at or close to the CCCL, the location of the adjacent Cabana Club condominium building being located at or close to a zero-foot setback to the common property line, a shared driveway, the location of drive aisles in the parking areas of the Cabana Club condominium property, deviations from the development standards are appropriate and compatible with the surrounding properties. The applicant is also proposing eight, 10 feet x 10 feet, temporary cabana structures approximately 25 feet seaward (west) of the CCCL. In accordance with the provisions of Section 3-905.B, the State Department of Environment Protection (FDEP) must approve of these structures being seaward of the CCCL. These temporary cabanas will be on the subject property between the CCCL and the seawall (presently buried below the sand) and will be constructed with a foundation that permits the metal poles of the cabana to be slipped in and bolted. The cabanas will be fabric covered to provide shade. The proposal includes adding a 2.1-foot cap to the existing seawall. There exists a five-foot wide pedestrian access easement just inside (landward) of the seawall, where the temporary cabanas will not encroach into this easement, and continued pedestrian access will not be impaired. The applicant is not proposing any hardscape (concrete or pavers) Community Development Board – August 19, 2008 FLD2008-02002 – Page 6 of 15 within the area for the temporary cabanas west of the CCCL. The City retains jurisdiction over the area west of the CCCL, subject to the approval by the FDEP of these temporary cabanas. It is noted that the placement of lounge chairs and an eyebrow umbrella to provide shade similar to that found on Clearwater Beach does not require any permits from the City. Maximum Building Height: Pursuant to Table 2-704 of the Community Development Code, the allowable height range for overnight accommodation uses is 25 – 50 feet. The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. Under the Code definition of “height, building or structure,” height “means for buildings…the vertical distance from the existing grade to a point representing the midpoint of the peak and eave heights of the main roof structure of the roof of a building having a pitched roof….Where minimum floor elevations in flood prone areas have been established by law, the building height may be measured as though the required minimum floor elevations constitute existing grade.” Since the building design incorporates a pitched roof and since the site is located within a Velocity Flood Zone (elevation 14 required), the building height is measured from the Base Flood Elevation (BFE) of 14 feet to the midpoint of the pitched roof. Since the swimming pool is located over ground-level parking and due to FEMA rules requiring the bottom structural members to be above the BFE, the first floor of the building is elevated five feet above the BFE of 14 feet to comply with these regulations. The proposed building is six habitable floors over ground-level parking, with the sixth floor located within the pitch of the roof, similar to the adjacent Cabana Club condominium buildings. The adjacent Cabana Club condominium buildings to the north are also designed with a pitched roof and are eight habitable floors over ground-level parking. The adjacent Dan’s Island condominium building to the south is designed with a flat roof (building height for flat roof buildings is measured from BFE to the top of the flat roof deck) and is 11 habitable floors over ground-level parking. The Harbour condominium building to the east across Gulf Boulevard is designed with a flat roof and has seven habitable floors over ground-level parking. The Isle of Sand Key condominium building located over 300 feet to the southeast across Gulf Boulevard is 16 habitable floors. The proposed project has reduced the restaurant portion of the building to one floor over the ground-level parking, even though the height of this portion is less than the existing restaurant height, due to the higher first floor elevation above BFE and a taller ceiling height. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings. Building heights on Sand Key are some of the highest on the barrier islands in Pinellas County, with many buildings taller than presently permitted by Code (maximum of 80 feet in the HDR District, unless proposed through a Residential Infill Project). The last remaining vacant parcels on Sand Key zoned HDR District were developed in 2003/2004 with attached dwelling condominium buildings complying with the maximum height of 80 feet (1350 and 1370 Gulf Boulevard). Minimum Off-Street Parking: Pursuant to Table 2-704 of the Community Development Code, the minimum required parking for overnight accommodation uses is one parking space per room/unit. As such, the minimum number of required parking spaces is 38 parking spaces. The proposal includes 56 spaces. While associated with the Belleview Biltmore Hotel, guests arriving at the Cabana Club will come via personal car, taxi or hotel-provided shuttle and will check in at the Cabana Club for their stay. It is expected that some of the guests at the Belleview Biltmore Hotel would desire to visit the beach for part of the day. These guests will be transported by the hotel operator to the Cabana Club via a van shuttle. It is also expected that guests of the Cabana Club would desire to travel to the Belleview Biltmore Hotel to attend functions or eat at restaurants there. The same van shuttle will provide such transportation to the guests at the Cabana Club. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location. A porte cochere is provided at the hotel entrance, designed to be of sufficient width and height to accommodate fire, trash and delivery trucks. A required loading space is provided along the southern portion of the site within the surface parking lot for the delivery of Community Development Board – August 19, 2008 FLD2008-02002 – Page 7 of 15 goods and supplies for this hotel. A required handicap accessible path is provided from the building entrance to the public access sidewalk along the south property line. The proposal includes several accessory uses to the hotel, including a restaurant, swimming pool, men and women’s locker rooms and an exercise room. No additional parking is required by the Code for such accessory uses. The Planning Department has determined the restaurant of 4,981 square feet to be accessory to the hotel. This determination is based on the relationship of the Cabana Club with the Belleview Biltmore Hotel, where operation and marketing will be by a common hotel operator. This restaurant will be open to the public, much like other hotel restaurants, but its operation will give priority to Cabana Club and Belleview Biltmore Hotel guests. The applicant has submitted a Parking Demand Study, prepared by Timothy Haahs & Associates, Inc., which analyzed the parking demand by the hotel and the accessory restaurant (attached). This analysis concludes that the on-site 56 parking spaces provided will meet the demand needs on the highest peak days. This Study has been reviewed by the City’s Traffic Operations Section of the Engineering Department and been found acceptable. In the event the demand for parking increases, the hotel is intending to employ valet parking in the garage portion of the parking area to provide additional stacking of parked vehicles. To ensure the maintenance of the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, acceptable to and enforceable by the City, should be recorded in the public records requiring common operation and management by the same hotel operator prior to the issuance of any permits. Should this common operation and management be discontinued, this site should be required to reduce the size of the accessory restaurant to a square footage more in line with a 38-room/unit hotel. The site fronts on and takes access to Gulf Boulevard. The trip generation expected from this proposed hotel with its accessory uses will not degrade the traffic carrying capacity of, nor create traffic congestion on, Gulf Boulevard. Mechanical Equipment: Pursuant to Section 3-201.D.1 of the Community Development Code, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. The applicant is proposing mechanical equipment to be located on the flat roof of the hotel lobby and restaurant portion of the building and will be screened by the parapet roofing surrounding this lower portion of the building. Based upon the above, the development proposal is consistent with the Code with regard to screening of outdoor mechanical equipment. Sight Visibility Triangles: Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards at the driveway intersection with Gulf Boulevard, no structures or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within 20- foot sight visibility triangles. The proposed site and landscape design meet this requirement. Utilities: Pursuant to Section 3-911 of the Community Development Code, for development that does not involve a subdivision, all utilities including individual distribution lines shall be installed underground unless such undergrounding is not practicable. The civil site plan for this proposal indicates that all on-site electric and communication lines for this new building will be placed underground in conformance with this Code requirement. Landscaping: Pursuant to Section 3-1202.D.1 of the Community Development Code, this site is required a 15-foot wide landscape buffer along Gulf Boulevard. This proposal includes a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing. Community Development Board – August 19, 2008 FLD2008-02002 – Page 8 of 15 The existing restaurant parking lot design is similar to that proposed for the hotel. The existing landscape buffer along Gulf Boulevard is five feet in width. The applicant desires to retain the parking lot at its present five-foot setback, which is consistent with the setback/landscape buffer provided on the adjacent Cabana Club and Dan’s Island condominium properties. The proposed site design provides the required 10-foot wide landscape buffer along the south side of the property. The interior of the new parking lot will be landscaped to meet Code requirements. The proposal also provides the required five-foot wide foundation landscaping on the east side of the building. Existing sabal palms will be relocated from areas of the site affected by construction to the southern landscape buffer. Live oak, magnolia, thornless honeylocust, sabal palm, medjool date palm and maypan coconut palm trees are being planted on-site as part of the landscape design. The coconut palm trees will be planted in the area between the west side of the building and the seawall. Besides the proposed trees, glossy abelia, cocoplum and wax myrtle shrubs will be planted in the perimeter and interior landscape areas. Beach sunflower and confederate jasmine groundcover will also be planted in the foundation, interior landscape areas and perimeter buffers. Two interior landscape islands in the parking lot are not designed to meet the eight-foot width inside curbing requirement. One island is 4.6 feet inside curbing located adjacent to the entrance drive south of the north property line, planned to be planted with a cluster of sabal palm trees. The reduction requested for this island appears acceptable, based on the parking lot design and proposed shade tree locations within adjacent interior landscape areas. The other island is designed seven feet wide inside curbing and is located adjacent to the southern landscape buffer adjacent to the loading space. This island should be widened to meet the required eight-foot width inside curbing by reducing the pavement area to the west of this island by the necessary one-foot. A live oak tree will be planted in this island. The site and landscape plans should be amended to meet this requirement prior to the issuance of the site development permit. The proposed on-site landscaping otherwise complies with Code requirements. Solid Waste: The applicant is proposing a solid waste dumpster enclosure under the building. On trash days hotel staff will roll the dumpster(s) to a trash staging area outside within the surface parking area adjacent to a loading space. Hotel staff will then relocate the dumpster(s) back under the building after the trash truck dumps the trash. The proposal has been found to be acceptable by the City’s Solid Waste Department. Signage: The proposal indicates a freestanding sign within the landscape island adjacent to the site driveway, located outside of the visibility triangle as required by Code. This freestanding sign should be limited to a monument-style sign at a maximum height of six feet, designed to match the exterior materials and color of the building. While this is a nonresidential establishment, a sign of this size would blend in better and be consistent with signage for surrounding residential developments. Any approval of this request should be conditioned on such signage limitation. Attached signage will need to meet Code provisions. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board – August 19, 2008 FLD2008-02002 – Page 9 of 15 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the overnight accommodation use proposal with the standards as per Section 2-701.1 and Table 2-704 of the Community Development Code: Standard Proposed Consistent Inconsistent 1 Density 40 rooms/units per acre 38 rooms/units X 1 I.S.R. 0.95 0.78 X 2 Lot Area 20,000 – 40,000 sf 1.38 total acres (0.96 acres X [41,963 sf] zoned Commercial District; 0.42 acres zoned Open Space/Recreation and Preservation Districts) 23 Lot Width 100 – 200 feet 88.41 feet X 23 Setbacks Front: 15 – 25 feet Five feet (to pavement) X 23 Side: Zero – 10 feet North – zero feet (to X building) South – 10 feet (to building and pavement) Rear: 10 – 20 feet (from the Coastal Zero feet (to building) 2 Construction Control Line) 23 Height 25 – 50 feet 67 feet (midpoint of X pitched roof) 3 Off-Street One space per room/unit (38 spaces 56 spaces X 2 Parking required) 1 Based only on the Commercial (C) District 2 Based on Overnight Accommodation use in the Commercial (C) District 3 See analysis in Staff Report Community Development Board – August 19, 2008 FLD2008-02002 – Page 10 of 15 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-704.C of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1 1. The development or redevelopment is otherwise impractical without deviations X from the use and/or development standards set forth in this zoning district. 1 2. The development or redevelopment will be consistent with the goals and policies of X the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district. 1 3. The development or redevelopment will not impede the normal and orderly X development and improvement of surrounding properties. 1 4. Adjoining properties will not suffer substantial detriment as a result of the X proposed development 1 5. The proposed use shall otherwise be permitted by the underlying future land use X category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City’s economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working waterfront use. Community Development Board – August 19, 2008 FLD2008-02002 – Page 11 of 15 Consistent Inconsistent 1 6. Flexibility with regard to use, lot width, required setbacks, height and off-street X parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: Changes in horizontal building planes; ?? Use of architectural details such as columns, cornices, stringcourses, ?? pilasters, porticos, balconies, railings, awnings, etc.; Variety in materials, colors and textures; ?? Distinctive fenestration patterns; ?? Building stepbacks; and ?? Distinctive roofs forms. ?? e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 1 See analysis in Staff Report COMPLIANCE WITH GENERAL STANDARDS FOR LEVEL TWO APPROVALS: The following table depicts the consistency of the development proposal with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code: Consistent Inconsistent 1 1. The proposed development of the land will be in harmony with the scale, bulk, X coverage, density and character of adjacent properties in which it is located. 1 2. The proposed development will not hinder or discourage development and use of X adjacent land and buildings or significantly impair the value thereof. 1 3. The proposed development will not adversely affect the health or safety of persons X residing or working in the neighborhood. 1 4. The proposed development is designed to minimize traffic congestion. X 1 5. The proposed development is consistent with the community character of the X immediate vicinity. 1 6. The design of the proposed development minimizes adverse effects, including X visual, acoustic and olfactory and hours of operation impacts on adjacent properties. 1 See analysis in Staff Report SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of May 1, 2008, and July 3, 2008, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Community Development Board – August 19, 2008 FLD2008-02002 – Page 12 of 15 Findings of Fact: 1. The 1.38 total acres (0.96 acres zoned Commercial District landward of the Coastal Construction Control Line [CCCL]; 0.42 acres zoned Open Space/Recreation and Preservation Districts seaward of the CCCL) is located on the west side of Gulf Boulevard, approximately 1,100 feet north of the City limits line between Clearwater and Belleair; 2. The site is irregularly shaped, having previously been part of the Cabana Club residential property to the north as its clubhouse and “members only” restaurant for the condominiums, built in the early 1980’s; 3. This parcel was conveyed separately in the early 1990’s, litigated and determined to be a legal parcel, and has been operated as a public restaurant with no association to any hotel and with only 49 existing parking spaces until 1998 when it closed; 4. The City Council on September 21, 2000, denied a land use plan map amendment to change the land use category from Commercial General (CG) to Residential High (RH) and to rezone from Commercial (C) District to High Density Residential (HDR) District. A companion Flexible Development application to permit a 10-story (99-foot tall), 20-unit attached dwelling condominium project with the swimming pool located seaward of the Coastal Construction Control Line was subsequently withdrawn; 5. On November 19, 2002, the CDB approved a Flexible Development application to permit the re- establish of the restaurant use on this property, utilizing the existing setbacks to building and pavement, not only for guests of the hotel but open to the general public; 6. The site is presently developed with a two-story over an open ground floor restaurant of 7,054 square feet of enclosed floor area and an outdoor café on the third floor of 1,916 square feet, with a current Business Tax Receipt (occupational license) permitting a maximum of 305 seats; 7. The upland portion of the site east of the CCCL has historically been zoned commercial (until the Shoppes at Sand Key was recently rezoned to Commercial District) and is the only parcel on Sand Key with commercial land use; 8. There is an existing seawall, presently buried beneath the sand, located approximately 25 feet west of the northwest corner of the existing building/CCCL and approximately 50 feet from the CCCL in the southwest corner of the site. There is an existing perpetual easement for pedestrian passage located adjacent to the east side of the seawall. The subject property extends onto the beach area west of the seawall between 50 – 60 feet; 9. The proposal is to redevelop the site with a 38-room/unit, 67-foot tall, boutique overnight accommodation use with accessory uses including a restaurant, pool, men’s and women’s locker rooms, exercise room and beachfront cabanas; 10. The proposed hotel will be operated by the same hotel operator as the Belleview Biltmore Hotel in the Town of Belleair, providing guests of the Belleview Biltmore Hotel with a beachfront experience; 11. The proposal includes a reduction to the minimum lot width to that which exists today of 88.41 feet. Since the adjacent properties are developed with residential condominiums, it is highly unlikely, if not impossible, that additional land can be added to the subject property to attain even the 100 feet of lot width required for permissible uses in the Commercial District; 12. The site design locates the proposed building on the northern portion of the site basically in the same location as the existing building. The taller portion of the building for the 38 hotel rooms is located approximately 30 feet from a property/building corner of the Cabana Club condominiums and 10 feet from the south property line; 13. The surrounding area is dominated by residential development in a built-out condition; 14. The proposed building will be located adjacent to the CCCL at a zero-foot setback, much like the adjacent Cabana Club condominium building; Community Development Board – August 19, 2008 FLD2008-02002 – Page 13 of 15 15. The adjacent Cabana Club condominium building is located at a zero-foot setback on two sides with this site (a third boundary is less than required setbacks) and the condominium building roof eaves overhang the subject site; 16. This site shares a common driveway with the Cabana Club condominiums, which will be maintained in its present location; 17. The proposed structure setbacks are consistent with existing setbacks on adjacent residential properties; 18. The proposed design of the Cabana Club reflects the architecture of the historic Belleview Biltmore Hotel for identification and marketing purposes, as well as the Cabana Club condominium buildings located to the immediate north of the site; 19. Eight, 10 feet x 10 feet, temporary cabana structures are proposed approximately 25 feet seaward (west) of the CCCL. The Florida Department of Environmental Protection must approve of these structures being seaward of the CCCL; 20. The proposal includes an increase to the building height to 67 feet, measured to the midpoint of the pitched roof. The proposed building height is lower than, but consistent with, the majority of the building heights of the surrounding residential buildings; 21. The minimum number of required parking spaces is 38 parking spaces, while 56 parking spaces are proposed for this hotel. Accessory uses are not required additional parking by Code; 22. There is no outstanding Code Enforcement issue associated with the subject property. Conclusions of Law: 1. That the development proposal is consistent with the Standards as per Section 2-701.1 and Table 2-704 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-704.C of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-913 of the Community Development Code; and 4. The proposal is compatible with the adjacent land uses. APPROVAL Based upon the above, the Planning Department recommends of the Flexible Development application to permit a 38-unit overnight accommodation use with a 125-seat accessory restaurant in the Commercial (C) District with a reduction to the required lot width from 200 to 88.41 feet, a reduction to the front (east) setback from 25 to five feet (to pavement), a reduction to the side (north) setback from 10 to zero feet (to building), a reduction to the rear (west) setback from the Coastal Construction Control Line (CCCL) from 20 to zero feet, to allow proposed temporary cabanas up to 25 feet west of the CCCL and an increase to building height from 25 to 67 feet, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-704.C; and a reduction to the front (east) perimeter buffer from 15 to five feet (to pavement), a reduction to the side (north) perimeter buffer from 10 to zero feet (to building and pavement) and a reduction to the width of interior landscape islands from eight to 4.6 feet inside curbing, as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G, with the following conditions: Conditions of Approval: 1. That the final design and color of the building be consistent with the conceptual elevations approved by the CDB; 2. That, prior to the issuance of any permits, in order to maintain the operational, management and marketing characteristics with the Belleview Biltmore Hotel in the Town of Belleair, a deed restriction, acceptable to and enforceable by the City, be recorded in the public records requiring common operation and management by the same hotel operator. Should this common operation and Community Development Board – August 19, 2008 FLD2008-02002 – Page 14 of 15 management be discontinued, this site shall be required to reduce the size of the accessory restaurant to a square footage more in line with a 38-room/unit hotel, acceptable to the Planning Department; 3. That a copy of the approved Florida Department of Environmental Protection (FDEP) permit or approval letter be submitted prior to the issuance of any building permit or installation of any temporary cabana structures seaward (west) of the Coastal Construction Control Line; 4. That, either the site plan reflect the relocation of the public access sidewalk to be within the existing access easement on the Dan’s Island condominium property prior to the issuance of any permits, or a public access easement for that portion of the encroaching sidewalk onto the western portion of this property be recorded prior to the issuance of the Certificate of Occupancy for this project; 5. That no structure, landscaping, or other site improvement block, obstruct or impede pedestrian access within the Perpetual Public Easement Area for Pedestrian Passage adjacent to the seawall; 6. That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 7. That, prior to the issuance of any permits, the condition rating of the existing trees be shown on the spreadsheet; 8. That, prior to the issuance of any permits, the civil and landscape plans be amended to widen the landscape island east of the loading space to be eight feet wide inside curbing; 9. That any future freestanding sign be a monument-style sign, designed to match the exterior materials and color of the building, at a maximum height of six feet; 10. That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; 11. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 12. That all Parks and Recreation fees be paid prior to the issuance of any permits. Prepared by Planning Department Staff: __________________________________________ Wayne M. Wells, AICP, Planner III ATTACHMENTS: Location Map ?? Aerial Map ?? Zoning Map ?? Existing Surrounding Uses Map ?? Photographs of Site and Vicinity ?? Email from Cyndi Tarapani 8/6/08 ?? Parking Demand Study by Timothy Haahs & Associates, Inc. 8/5/08 ?? Community Development Board – August 19, 2008 FLD2008-02002 – Page 15 of 15 S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\Gulf 1590 Belleview Biltmore Cabana Club (C) - 8.19.08 CDB - WW\Gulf 1590 Staff Report.doc Community Development Board – August 19, 2008 FLD2008-02002 – Page 16 of 15