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FLD2008-05013, 100 CORONADO DR, 201, 215,219 S GULFVIEW BLVD - October 21, 2008 - AMENDED STAFF REPORTCDB Meeting Date Case Number: Agenda Item: Owner: Applicant: Representative: Address: October 21, 2008 FLD2008-05013 (Related to DVA2008-00001) E 1 (Related to F 1) K & P Clearwater Estate, LLC Clearwater Beach Resort Hotel, LLC E. D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LP 100 Coronado Drive, 201, 215 and 219 S. Gulfview Blvd. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Flexible Development approval to Terminate the Status of a Nonconformity for density (200 overnight accommodation units; where 137 overnight accommodation units are permitted today) within the Tourist District, under the provisions of Section 6-109.C; (2) Flexible Development approval to permit a 450-unit Overnight Accommodation use (through an increase of the permitted density of 250 overnight accommodation units from the density pool created pursuant to Beach by Design), with a lot area of 119,856 square feet (2.75 acres), a lot width of approximately 545 feet along Coronado Drive and 227 feet along proposed Second Street, a front (east along Coronado Drive) setback of zero feet (to building and pavement), a front (south along proposed Second Street) setback of 18.83 feet (to building), a front (west and north along South Gulfview Boulevard) setback of zero feet (to building), a building height of 150 feet (to roof deck) and either 463 valet-only parking spaces or 455 valet-only parking spaces with eight public parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively, as well as the allowance of a two-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) To reduce the required foundation landscaping along Coronado Drive and S. Gulfview Boulevard from five to zero feet (to building and pavement), as a Comprehensive Landscape Program, under the provisions of Section 3- 1202.G; and (4) Vacation of a portion of S. Gulfview Boulevard (former bridge landing). CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: PROPERTY USE: Current Use: Vacant (temporary City public parking lot) Proposed Use: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). Community Development Board - October 21, 2008 FLD2008-05013 - Page 1 of 14 EXISTING SURROUNDING ZONING AND USES: North: Open Space/Recreation (OS/R) District South: Tourist (T) District East: Tourist (T) District West: Open Space/Recreation (OS/R) District Pier 60 Overnight Accommodations (Aqualea/Hyatt - under construction) Vacant, Retail Sales and Overnight Accommodations Beach and Gulf of Mexico ANALYSIS: Site Location and Existing Conditions: The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary City public parking lot. The properties were previously developed with various motels/hotels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses. The overall property includes several vacated and dedicated rights-of-way (see next paragraph for description). On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-00001). These development approvals authorized the following: ¦ Use of 250 hotel rooms from the Beach by Design density pool; ¦ Maximum building height of 150 feet; ¦ Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; ¦ Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; ¦ Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and ¦ Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004- 02013A). On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-0000IA), which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1St Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street. Pier 60 and the public parking lot is to the north of this property and is zoned Open Space/Recreation (OS/R) District. Properties to the east across Coronado Drive are zoned Tourist (T) District and are (or were) developed with overnight accommodation uses and retail sales and service uses. At least two of the properties are currently vacant, as the former overnight accommodation uses have been demolished, but presently contain temporary construction trailers for the Aqualea/Hyatt project. The Aqualea/Hyatt Community Development Board - October 21, 2008 FLD2008-05013 - Page 2 of 14 project, which is a 250-room hotel with 18 attached dwellings, is located to the south across proposed Second Street and is zoned Tourist (T) District. Development Proposal: The proposal is to redevelop the site with a 450-unit/room destination resort hotel, consisting of 250 traditional hotel units and 200 vacation/interval ownership (timeshare) units. The proposed resort will include amenities accessory to the hotel, including a restaurant, lounge, retail sales, pool, spa, ballroom and meeting space. The proposal changes the architectural style from the prior approved project to a tropical modern architecture, which is appropriate and aesthetically pleasing for this beachfront property and complements the tropical vernacular envisioned in Beach by Design, and incorporates pedestrian access components to Beach Walk. The proposal eliminates the approved pedestrian bridge to Clearwater Beach, instead providing for the construction of a loggia and a palm court pedestrian area on the west side. The building mass consists of a four-story base, two 150-foot towers and a 95-foot tall connecting element that links the towers and base together. The building design incorporates a curved facade on the north side where public meeting space, ballroom and spa softens and transitions the visual appearance moving east to west. On the north end, the curved mass of the base is reinforced by one of the two 150-foot towers (hotel tower). The towers incorporate a similar design where the towers are oriented on an east-west axis with the tower units angled to give occupants unimpeded views of the Gulf. Timeshare units are located in the southern tower. A 95-foot tall connecting element is aligned on a north-south axis and includes timeshare units, providing a transition between the vertical towers and the horizontal base. Smaller scale decorative trellises, awnings, louvered panels and translucent railings soften the mass of the building. On the west side of the building the mass of the base is carved back to create a curved public palm court. The palm court is a landscaped focal point for the hotel, located both on the subject property and within the S. Gulfview Boulevard right-of-way that will be a walkable part of Beach Walk. A covered loggia is located along the west side of the building on the subject property, providing pedestrian access to the resort hotel, the retail shops and restaurant. The palm court and covered loggia are slightly elevated providing a viewing platform toward the Gulf of Mexico for public use. The building is designed with the porte cochere and the lower lobby on the grade level. This lowest level provides building entrance areas on the east side, storage areas and 218 parking spaces. Level 1 is the main lobby level and includes hotel administrative offices, restaurant, bar, retail sales areas and a 10,500 square- foot grand ballroom. Level 2 provides an employee office area, 149 parking spaces and eight timeshare units. Level 3 provides a back of house area, a 5,000 square-foot junior ballroom, meeting rooms, 96 parking spaces and 17 timeshare units. The amenity Level 4 provides a 13,890 square-foot spa, 3,890 square-foot fitness center, 17 timeshare units, the main pool between the two towers and a small timeshare pool in the southwest portion of the amenity deck south of the timeshare tower. Levels 5 - 9 have 24 hotel rooms and 22 timeshare units per floor. Level 10 provides 24 hotel rooms and eight timeshare units, as well as providing access to the rooftop recreation deck on the top of the connector portion of the building between the two towers. Levels 11 - 14 provide 24 hotel rooms and eight timeshare units for each floor. The Penthouse Level 15 provides 10 hotel rooms and eight timeshare units. The proposed hotel consists of four rooftop levels - the amenity deck at 38.67 feet accessible to the guests; the spa roof (inaccessible to guests) on the north end of the hotel tower at a height of 48.17 feet; the third being the connector element between the two towers at a height of 95 feet that includes a recreation area for guests; and the fourth being the roofs of the hotel and timeshare towers having a height of a maximum of 150 feet to the flat roof deck (inaccessible to guests). That portion of the building exceeding 100 feet in height is separated from the Aqualea/Hyatt building to the south by 140.67 feet, exceeding the Beach by Design minimum requirement of a 100-foot separation. The materials and color of the building will support the tropical modern architecture and its natural surroundings. The building will be painted sand dollar white, accented by honed gray granite stone veneer. The window mullions, railing caps, louvered panels and trellises will be Community Development Board - October 21, 2008 FLD2008-05013 - Page 3 of 14 arcadia silver. Balcony railings will be clear glass. The main pool area is located between the two towers in the west center of the building to minimize noise and visual distractions to the Aqualea/Hyatt resort hotel to the south. With the height and location of the adjacent Aqualea/Hyatt resort hotel and condominiums, the proposed hotel design is compatible with the surrounding uses. Parking for the hotel guests and employees is provided in a parking garage on three levels containing 463 valet-only parking spaces or 455 valet-only parking spaces with eight public parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively. The parking plan provides the two parking options, showing the eight public parking spaces should City Council decide to retain the spaces within this garage or to remove the eight public spaces and all parking in the garage would be private spaces. The Development Agreement provides an option for the eight public parking spaces to be eliminated from the parking garage for a payment in lieu of to be placed off-site. The two upper parking levels are accessed by a ramp located just inside the building on the south side of the building, which is accessed from Second Street. No guests or other public will access the parking garage; only valet employees will park and retrieve vehicles from the parking garage. The parking garage will include stacked or tandem spaces, where another car must be moved to get the stacked or tandem car out, and will employ the stacking of vehicles in drive aisles to create additional valet spaces when necessary, resulting in a total of 568 parking spaces in a worst case scenario (full occupancy and a large banquet). The site is designed with two driveways on Coronado Drive. The northern driveway will be an entrance only, providing access to the porte cochere for the valet service. A loading area is provided on the south side of the site off Second Street, providing three loading spaces and access to the compactor for solid waste trucks. Valet drivers will access the parking garage by a driveway provided off Second Street on the southwest portion of the site. The applicant is requesting a two-year development order due to market conditions. Section 4-407 specifies that an application for a building permit must be submitted within one year of the date the CDB approves the project, unless otherwise specified under this approval. The proposal includes the proposed vacation of the former pedestrian bridge landing at the northwest corner of the property. This right-of-way is no longer necessary. While action on this vacation request is solely a decision by the City Council, the request has been included with this application to show the relationship of the proposal to street rights-of-way and to include the land area into the overall site area for calculation purposes. Density: Pursuant to the Countywide Future Land Use Plan, the maximum density for properties with a designation of Resort Facilities High is 50 overnight accommodation units per acre. Based on the 2.75 acres zoned Tourist District, a maximum of 137 overnight accommodation units are permissible under current regulations. The overall site was formerly developed with a total of 200 units, which was nonconforming to current regulations. The applicant is requesting Termination of Status of Nonconformity for density to maintain the same number of overnight accommodation units in a conforming manner (see discussion below). Additionally, this site was originally granted 250 hotel rooms from the hotel density pool created by Beach by Design under Case Nos. FLD2004-02013/DVA2004-00001. The overall density for this project is 163.6 overnight accommodation units/rooms per acre. Termination of Status of Nonconformity: The development proposal includes a request for Termination of Status of Nonconformity for density (200 overnight accommodation units; where 137 overnight accommodation units are permitted today). The nonconforming status of the prior hotel density has been determined to still be valid, even though all motels/hotels on the overall property have been demolished, due Community Development Board - October 21, 2008 FLD2008-05013 - Page 4 of 14 to the status of the approval of Case Nos. FLD2004-02013/DVA2004-0000 L An important factor in this case is the ability to retain an overnight accommodation use on the beach where many hotels/motels have been lost to condominium (attached dwelling) construction. The criteria for Termination of Status of Nonconformity, as per Section 6-109 of the Community Development Code and outlined in the table below, including compliance with perimeter buffer requirements, the provision of required landscaping for off- street parking lots and bringing nonconforming signs, lighting and accessory uses/structures into compliance with the Code will be met with this development proposal. Consistent I Inconsistent 1. Perimeter buffers conforming to the requirements of Section 3-1202.1) of the N/A Community Development Code shall be installed. 2. Off-street parking lots shall be improved to meet the landscaping standards N/A established in Section 3-1202.E of the Community Development Code. 3. Any nonconforming sign, outdoor lighting or other accessory structure or accessory X use located on the lot shall be terminated, removed or brought into conformity with this development code. 4. The comprehensive landscaping and comprehensive sign programs may be used to X satisfv the requirements of this section. Pursuant to Section 3-1202.1), there are no perimeter buffers required in the Tourist District. The temporary City public parking lot will be removed upon construction of this proposal. All proposed parking will be within a parking garage, where landscaping is not required. Any prior nonconforming signs, outdoor lighting or other accessory structures/uses have already been removed with the demolition of the motels/hotels from the overall property. A Comprehensive Landscape Program has been submitted for this proposal, as the foundation landscaping requirement is not met and reductions are requested. Should the applicant desire attached or freestanding signage in excess of minimum Code requirements, the Comprehensive Sign Program may be used for proposed signage. Impervious Surface Ratio (LS.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 0.92, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to Table 2-803 of the Community Development Code, the minimum lot area and width for overnight accommodation uses ranges between 10,000 - 20,000 square feet and 100 - 150 feet respectively. The subject property is 119,856 square feet (2.75 acres) in area and has approximately 545 feet of frontage along Coronado Drive and approximately 227 feet of frontage along proposed Second Street. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to Table 2-803 of the Community Development Code, the minimum front setback for overnight accommodations can range between zero - 15 feet, the minimum side setback can range between zero - 10 feet and the minimum rear setback can range between zero - 20 feet. This site encompasses an entire block of property, therefore only front setback requirements are applicable. The proposal includes a front (east along Coronado Drive) setback of zero feet (to building and pavement), a front (south along proposed Second Street) setback of 18.83 feet (to building) and a front (west and north along South Gulfview Boulevard) setback of zero feet (to building). There are no required setbacks for a Comprehensive Infill Redevelopment Project use. While the proposal has been advertised with setback reductions to zero feet along Coronado Drive on the east and along S. Gulfview Boulevard on the north and west, the building does not extend fully to the zero- Community Development Board - October 21, 2008 FLD2008-05013 - Page 5 of 14 foot setback for the entire street frontages. Along Coronado Drive, the structural fins for the two towers are located at a zero-foot setback. Actual floor area between these structural fins is located approximately five feet from the property line. Balconies for units between these structural fins for the amenity Level 4 through Level 15 extend, however, to the property line. The facade of the building north and south of these towers varies 6 - 16 feet in distance to the property line. At the porte cochere, the facade of the lobby is approximately 46 feet from the property line, although pavement for the porte cochere is located at a zero- foot setback. Along the north side adjacent to S. Gulfview Boulevard, only the northwest corner of the building is located at the advertised zero-foot setback. The curved wall of the ballroom, junior ballroom/meeting room and spa terrace is located approximately six feet to the north property line. The building is located at a zero-foot setback along S. Gulfview Boulevard on the west side. Along the south side adjacent to Second Street, the building is located 18.83 feet from the property line, exceeding the required front setback of 15 feet. The previously approved project under FLD2004-02013 also included setback reductions to zero feet along all frontage to the building. Setback reductions sought are a result of right-of-way dedications for street relocations, provision of a dedicated turn lane on Coronado Drive and incorporation of the project into Beach Walk. Landscaping improvements within the rights-of-way and on- site will reduce impacts due to the reduced setbacks. Along the west side, the travel lanes for S. Gulfview Boulevard curve away from the subject property, creating the large Beach Walk promenade area west of the subject property, such that the setback reduction will not be visually apparent. Maximum Building Heim Pursuant to Table 2-803 of the Community Development Code, the maximum allowable height for overnight accommodation uses is 100 feet. Beach by Design permits buildings up to a maximum of 150 feet through the use of bonus hotel units from the density pool, which this proposal has been previously awarded. The proposed hotel consists of two towers at a height of 150 feet (a hotel tower on the north side and a timeshare tower on the south side). A timeshare connector between the two towers, which also extends south of timeshare tower, has been designed at a height of 95 feet. The amenity deck, which includes the two swimming pools, is at a height of 38.67 feet. The height of the roof of the spa on the north side of the hotel tower is 48.17 feet. That portion of the building exceeding 100 feet in height is separated from the Aqualea/Hyatt building to the south by 140.67 feet, exceeding the Beach by Design minimum requirement of a 100-foot separation. The proposed height of the lower and taller portions of the tower is consistent and compatible with the height of the Aqualea/Hyatt project. This site is located within the Beach Walk District of Beach by Design, which is the primary "beachfront" destination on Clearwater Beach. The applicant has submitted documentation indicating compliance with the Beach by Design criteria for no more than two buildings more than 100 feet in height within 500 feet of each other. The proposal also complies with the Code requirements under the definition of "Height, Building or Structure" for elevator and stair overruns and mechanical rooms, which are permitted to extend a maximum of 16 feet above the otherwise permitted height. The timeshare connector between the two towers is designed to provide a recreation area for guests. The definition of "Height, Building or Structure" permits structures permanently affixed to the roof that permit rooftop occupancy only if such structures are within the maximum allowable height of 100 feet. Since this timeshare connector is designed at a roof height of 95 feet and provides rooftop occupancy by guests, such structures can only be five feet in height. To ensure any such structures envisioned with this proposal or in the future after construction is completed, any approval of this application should be conditioned on such a structure height limitation. The design of this project creates a form and function that will be consistent with and enhance the character of this area. Minimum Off-Street Parking: Pursuant to Table 2-803 of the Community Development Code, the minimum required parking is one parking space per unit, or 450 parking spaces. Parking for the hotel guests and employees is provided in an on-site parking garage on three levels containing either 463 valet- only parking spaces 1.028 parking spaces per unit/room) or 455 valet-only parking spaces (1.011 parking spaces per unit/room) with eight public parking spaces, which will be 100 percent valet parked. Full valet Community Development Board - October 21, 2008 FLD2008-05013 - Page 6 of 14 service will be provided so that guests and overnight visitors will not have to wait for spaces or circle the garage looking for a parking space, therefore allowing traffic to flow smoothly into the parking garage off the public street. The 463 parking spaces will be provided on the various parking levels as follows: Grade Level - 218 spaces; Level 2 - 149 spaces; and Level 3 - 96 spaces. On the Grade Level, one option is to provide eight public parking spaces, located in the southwest corner of the parking garage. Depending on a decision by City Council, and set out in the Development Agreement, the public parking spaces could be eliminated from the parking garage under a payment in lieu of providing the spaces. Of the 463 parking spaces provided, 162 spaces are designed as stacked or tandem spaces where another car must be moved to get the stacked or tandem car out. The submitted Parking Study demonstrates that stacking of vehicles in drive aisles to create additional valet spaces when necessary will result in an additional 105 parking spaces for a total of 568 parking spaces in a worst case scenario (full occupancy and a large banquet). The submitted Parking Study also demonstrates that adequate parking will be available for guests, visitors and employees. The companion Development Agreement sets out a parking protocol in Exhibit M to ensure adequate parking is available and to minimize traffic backups at the porte cochere. The owner will also record a covenant (Development Agreement, Exhibit F) to implement a trip generation management program prior to the issuance of the Certificate of Occupancy to reduce trips to and from the site to ensure adequate on-site parking is available for guests and employees. The parking garage must comply with the Building Code and have a vertical clear height for all parking garage levels of not less than seven feet including the entrance and exit. This clear height includes any structural beams, fire sprinkler pipes and heads, electrical conduits and lighting, drainage pipes and any other building elements. The site is designed with two driveways on Coronado Drive. The northern driveway will be an entrance only, providing access to the porte cochere. The porte cochere drive will be one-way only travel (north to south), two lanes wide with a separate additional lane for buses and be serviced by valet only. Airport shuttles, taxis and limousines will use the drop-off area under the porte cochere on Coronado Drive. A total of 21 vehicles can be stacked within the porte cochere area. There is a valet exit from the grade level parking garage on the north side of the porte cochere, designed to minimize vehicular movement on the public streets. Instead of a turn lane the entire length of the project along Coronado Drive, the turn lane starts south of the drop-off area to provide access to Second Street for both this project and the Aqualea/Hyatt project to the south. A landscape island with public sidewalk projects into the Coronado Drive right-of-way to the travel lanes, providing a turn lane into the porte cochere. A loading area is provided on the south side of the site off Second Street, providing three loading spaces and access to the compactor for solid waste trucks. This loading area is across Second Street from a similar loading area for the Aqualea/Hyatt project on the south side of Second Street. Valet drivers will access the parking garage by a driveway provided off Second Street on the southwest portion of the site. The applicant will construct sidewalks of a width and material within the adjacent rights-of-way according to that specified by Beach Walk. The sidewalk along Second Street will be partially on the subject property and an access easement will need to be recorded for this sidewalk prior to the issuance of the Certificate of Occupancy. 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 within mechanical enclosures on top of the towers or on top of the flat roofs of the timeshare connector or spa, where the building parapets will screen views of such mechanical equipment. 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 and street intersections on S. Gulfview Boulevard, Coronado Drive and Second Street, no structures or landscaping may be installed which will obstruct views at a level between 30 inches Community Development Board - October 21, 2008 FLD2008-05013 - Page 7 of 14 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 3-1202.1) of the Community Development Code, there are no perimeter buffers required in the Tourist District for this site. This proposal includes a reduction to the required foundation landscaping along Coronado Drive and S. Gulfview Boulevard from five to zero feet (to building and pavement) through the Comprehensive Landscape Program. The foundation landscaping reductions occur at the structural fins on Coronado Drive and at the northwest corner of the building on S. Gulfview Boulevard. The reduction to the on-site foundation landscaping requirement is most evident along the west side of the proposed building and its loggia. However, Beach Walk promenade landscaping adjacent to the building will act as the foundation landscaping along this building edge. The site along the north, east and south otherwise complies with the five-foot wide foundation landscaping requirement. The applicant has worked with City Staff to ensure proposed landscaping and sidewalk improvements both within the City's rights-of-way and on-site work together with the landscape design for Beach Walk to ensure a seamless interface between this project and Beach Walk features reinforcing the pedestrian oriented beach community. Medjool date palms will be installed along Coronado Drive and to the west along S. Gulfview Boulevard, including the proposed palm court. Cabbage and Washington palms and other salt-tolerant landscaping will be planted within the rights-of-way and on-site. Landscaping assists with softening and reducing building massing to both pedestrians and motorists. Solid Waste: The proposal will utilize hotel housekeeping staff to remove trash from units and transport the trash to the trash compactor located on the south side of the property. Trash trucks will back in from Second Street to access the compactor dumpster. The proposal has been found to be acceptable by the City's Solid Waste Department. Signage: No freestanding or attached signage is proposed at this time for this overnight accommodation use. Freestanding signage in the Tourist District is restricted to a maximum height of four feet, or six feet through a Comprehensive Sign Program. Any approval of this application should include a condition allowing for freestanding signage, where such future freestanding signage must be a monument-style sign meeting Code requirements and be designed to match the exterior materials and color of the building. Additional Beach by Design Guidelines: Section B.3 requires the floorplate of any building exceeding 45 feet in height to be limited to a maximum of 25,000 square feet between 45 - 100 feet and a maximum of 10,000 square feet between 100 - 150 feet, but allows deviations to these floorplate requirements provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45 feet. The largest floorplate between 45 - 100 feet is approximately 48,212 square feet and between 100 - 150 feet it is approximately 27,292 square feet. The applicant requests such deviations to the floorplate restrictions. The Design Guidelines provide that no more than 60 percent of the theoretical maximum building envelop located above 45 feet be occupied by a building. The applicant has calculated the overall building mass between 45 - 150 feet at 38.0 percent, approximately two-thirds of the maximum permissible. Community Development Board - October 21, 2008 FLD2008-05013 - Page 8 of 14 Section C.1 requires buildings with a footprint of greater than 5,000 square feet to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is approximately 96,110 square feet. The project's overall horizontal plane dimensions are approximately 447 feet along South Gulfview Boulevard and 237 feet along the north side, while the vertical plane is approximately 158 - 159 feet from grade to the top of the tallest roof. None of these dimensions are equal. Modulation of the building massing also provides considerable dimensional variation. Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. Although the base extends nearly the length of the property, it is highly articulated. Within 50 feet of the north and south ends of the building, the towers interface with the lower structure as they reach the ground. To the east, the center of the base has structural fins that extend up from the ground to support the building above the drop-off porte cochere and continue up to the roof of the timeshare connector. To the west, the base is carved back to create the public palm court. The north side is curved, creating a continuously curving facade and therefore, no plane is continuous for more than 30 feet. The two towers are oriented on an east-west axis, with the tower units angled for the occupants with balconies to view the gulf, creating a saw tooth edge on both sides of the towers. Section C.3 requires at least 60 percent of any elevation to be covered with windows or architectural decoration. The applicant has calculated that the north elevation is at 65 percent, the east elevation at 68 percent, the south elevation at 60 percent and the west elevation at 71 percent. Code Enforcement Analysis: There are no outstanding Code Enforcement issues associated with the subject property. Community Development Board - October 21, 2008 FLD2008-05013 - Page 9 of 14 COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the overnight accommodation use proposal with the standards as per Section Tables 2-801.1 and 2-803 of the Community Development Code: Standard Proposed Consistent Inconsistent Density 50 overnight accommodation units per 450 overnight X acre (maximum of 137 units) accommodation units (163.6 OVU/acre)i I. S.R. 0.95 0.92 X Lot Area 10,000 - 20,000 se 119,856 square feet (2.75 X acres) Lot Width 100 - 150 feet 545 feet along Coronado X Dr.; 227 feet along proposed 2nd St. Setbacks Front: Zero - 15 feet East (along Coronado Dr): X3 Zero feet (to building and pavement) South (along proposed 2nd St): 18.83 feet (to building) North and West (along South Gulfview Blvd): Zero feet (to building) Height 35 - 100 feet 150 feet (to roof deck) X3 Off-Street One space per room/unit (450 spaces Either 463 valet-only X3 Parking required) parking spaces (1.028 parking spaces per hotel room) or 455 valet-only parking spaces with eight public parking spaces (1.011 parking spaces per hotel room) i Per Termination of Status of Nonconformity of 200 units/rooms and 250 units/rooms from the Beach by Design density pool 2 Based on Overnight Accommodation use in the Tourist (T) District 3 See analysis in Staff Report Community Development Board - October 21, 2008 FLD2008-05013 - Page 10 of 14 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per Section 2-803.C of the Community Development Code (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations X1 from the use and/or development standards set forth in this zoning district. 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. 3. The development or redevelopment will not impede the normal and orderly X' development and improvement of surrounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the X1 proposed development 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 - October 21, 2008 FLD2008-05013 -Page 11 of 14 Consistent I Inconsistent 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 I Inconsistent 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. 2. The proposed development will not hinder or discourage development and use of X' adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons X1 residing or working in the neighborhood. 4. The proposed development is designed to minimize traffic congestion. X' 5. The proposed development is consistent with the community character of the X1 immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X' visual, acoustic and olfactory and hours of operation impacts on adjacent 1 See analysis in Staff Report SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of June 5, 2008, and September 4, 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: Findings of Fact: Community Development Board - October 21, 2008 FLD2008-05013 - Page 12 of 14 I . The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street; 2. On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004-00001); 3. On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004- 02013A); 4. On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1St Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street; 5. The properties were previously developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses. All of the buildings containing these uses have been demolished; 6. The subject property is currently vacant, but used as a temporary City public parking lot; 7. The nonconforming status of the prior 200-unit hotel density has been determined to still be valid, even though all of the motels/hotels have been demolished, due to the status of the approval of Case Nos. FLD2004-02013/DVA2004-00001; 8. The proposal is to redevelop the site with a 450-unit/room destination resort hotel, consisting of 250 traditional hotel units and 200 vacation/interval ownership (timeshare) units and including amenities accessory to the hotel of a restaurant, lounge, retail sales, pool, spa, ballroom and meeting space; 9. The proposal eliminates the approved pedestrian bridge to Clearwater Beach, instead providing for the construction of a loggia and a palm court pedestrian area on the west side; 10. The building mass consists of a four-story base, two 150-foot towers and a 95-foot tall connecting element that links the towers and base together; 11. The proposed hotel consists of four rooftop levels - one being the amenity deck at 38.67 feet; the spa on the north end of the hotel tower at a height of 48.17 feet; the third being the connector element between the two towers at a height of 95 feet; and the fourth being the hotel and timeshare towers having a height of a maximum of 150 feet to the flat roof deck; 12. That portion of the building exceeding 100 feet in height is separated from the Aqualea/Hyatt building to the south by 140.67 feet, exceeding the Beach by Design minimum requirement of a 100-foot separation; 13. Parking for the hotel guests and employees is provided in a parking garage on three levels containing 463 valet-only parking spaces or 455 valet-only parking spaces with eight public parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively, which will be 100 percent valet parked; 14. Of the 463 parking spaces provided, 162 spaces are designed as stacked or tandem spaces where another car must be moved to get the stacked or tandem car out; 15. This site was originally granted 250 hotel rooms from the hotel density pool created by Beach by Design under Case Nos. FLD2004-02013/DVA2004-00001; 16. The proposal includes a front (east along Coronado Drive) setback of zero feet (to building and pavement), a front (south along proposed Second Street) setback of 18.83 feet (to building) and a front (west and north along South Gulfview Boulevard) setback of zero feet (to building); 17. The application includes a request for deviations to the floorplate restrictions; 18. There are no outstanding Code Enforcement issues associated with the subject property. Conclusions of Law: Community Development Board - October 21, 2008 FLD2008-05013 - Page 13 of 14 1. That the development proposal is consistent with the Standards as per Section 2-801.1 and Table 2-803 of the Community Development Code; 2. That the development proposal is consistent with the Flexibility criteria as per Section 2-803.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; 4. That the development proposal is consistent with the Design Guidelines of Beach by Design; and 5. The proposal is compatible with the adjacent land uses. Based upon the above, the Planning Department recommends APPROVAL of the (1) Flexible Development application to Terminate the Status of a Nonconformity for density (200 overnight accommodation units; where 137 overnight accommodation units are permitted today) within the Tourist District, under the provisions of Section 6-109.C; (2) Flexible Development approval to permit a 450-unit Overnight Accommodation use (through an increase of the permitted density of 250 overnight accommodation units from the density pool created pursuant to Beach by Design), with a lot area of 119,856 square feet (2.75 acres), a lot width of approximately 545 feet along Coronado Drive and 227 feet along proposed Second Street, a front (east along Coronado Drive) setback of zero feet (to building and pavement), a front (south along proposed Second Street) setback of 18.83 feet (to building), a front (west and north along South Gulfview Boulevard) setback of zero feet (to building), a building height of 150 feet (to roof deck) and either 463 valet-only parking spaces or 455 valet-only parking spaces with eight public parking spaces at 1.028 or 1.011 parking spaces per hotel room, respectively, as well as the allowance of a two-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C; (3) To reduce the required foundation landscaping along Coronado Drive and S. Gulfview Boulevard from five to zero feet (to building and pavement), as a Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and (4) Vacation of a portion of S. Gulfview Boulevard (former bridge landing), with the following conditions: Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of an amended Development Agreement with the City (Case DVA2008-00001); 2. That approval of this Flexible Development case is subject to the vacation of the pedestrian bridge landing right-of-way by the City prior to the issuance of any permits; 3. That the final design and color of the building be consistent with the conceptual elevations approved by the CDB; 4. That application for a building permit to construct the approved project be submitted no later than October 21, 2010, unless time extensions are granted pursuant to Section 4-407; 5. That a Declaration of Unity of Title for Condominiums be recorded in the public records prior to the issuance of any permits; 6. That any structures permanently affixed to the roof of the timeshare connector between the two towers or south of the timeshare tower that permit rooftop occupancy be only permitted if such structures are within the maximum allowable height of 100 feet above BFE (five feet above the designed 95-foot height of the roof of the timeshare connector); 7. 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; 8. That, prior to the issuance of the building permit, the vertical clear height of all the parking garage levels be not less than 7 feet including entrance and exit (Florida Building Code 2004, Section 406.2.2); Community Development Board - October 21, 2008 FLD2008-05013 - Page 14 of 14 9. That any future freestanding sign be a monument-style sign and be designed to match the exterior materials and color of the building. The maximum height shall be four feet, unless approved at six feet high through a Comprehensive Sign Program; 10. That, prior to the issuance of the Certificate of Occupancy, an easement be recorded in the public records for the sidewalk along Second Street partially on the subject property; 11. That, prior to the issuance of any permits, compliance with all requirements of General Engineering, Traffic Engineering and Stormwater Engineering be met; 12. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; and 13. 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 S: )Planning DepartmentlC D BIFLEX (FLD) )Pending cases) Up for the next CDBICoronado 0100 Clearwater Beach Resort & Hotel (T) - 10.21.08 CDB - WWICoronado 0100 StaffReport - 10.21.08 CDB. doc Community Development Board - October 21, 2008 FLD2008-05013 - Page 15 of 14