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FLD2009-08027 - 316 Hamden Dr - Tropicana Resort - Hotel BFLD2009-08027 316 HAMDEN DR ROPICANA RESORT -HOTEL PLANNER OF RECORD : WW ATLAS # 276A ZONING: T LAND USE: RFH RECEIVED: 08/03/2009 INCOMPLETE: COMPLETE: MAPS PHOTOS STAFF REPORT: DRC: CDB: Good Afternoon, I will be sending the Staff report to these documents on Thursday, November 12, 2009 before SPM. Thank you, Sherry Watkins Administrative Analyst Planning and Development Department 727-562-4582 CDB Meeting Date: November 17, 2009 Case Number: FLD2009-08027 (Related to DVA2009-00003; and FLD2009- 08026/DVA2009-00002 and FLD2009-09036) Agenda Item: D.2. (Related to E.2.; and D.1., D.3. and E.1.) Owners: John Conti Francesco Carriera Agostino DeGiovanni as Co-Trustees of Tropicana Resort Land Trust• and Flamingo Bay Condominium Developers, LLC Applicant: Tropicana Resort Motels, LLC Representative: E.D. Armstrong III Esquire Johnson Pope, Bokor, Ruppel & Burns, LLP Address: 316 Hamden Drive (including a portion of 316 Hamden Drive and 326 and 330 Hamden Drive) CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: (1) Flexible Development approval to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District with a lot area of 35,730.06 square feet (0.82 acres), a lot width of 312 feet along Hamden Drive, a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement), a side (south) setback of 10 feet (to building), a side (north) setback of zero feet (to building adjacent to proposed Hotel A), a rear (west) setback of zero feet (to building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building), a building height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments) and 120 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of CDC Section 2- 803.C, and approval of a two-year development order; and (2) Increase the permitted density by the allocation of 79 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND USE CATEGORY: Resort Facilities High (RFH) BEACH BY DESIGN Small Motel CHARACTER DISTRICT: Community Development Board -November 17, 2009 FLD2009-08027 -Page 1 of 14 PROPERTY USE: Current Use: 18-room motel and temporary parking lot Proposed Use: Overnight accommodation use of a total of 118 rooms (149.44 rooms/acre on net lot acreage, including the allocation of 79 units from the Hotel Density Reserve), retail sales use of 1,335 square feet (0.037 FAR based on original lot square footage) and approximately 1,060 square feet of accessory uses to the hotel at a height of 84 feet (to flat roof deck) EXISTING North:Tourist (T) District Overnight accommodations SURROUNDING South:Tourist (T) District Overnight accommodations ZONING AND USES: East: Preservation (P) District Clearwater Harbor West: Tourist (T) District Retail sales, Offices and Overnight accommodations ANALYSIS: Site Location and Existing Conditions: The 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street. The subject property is currently developed with an 18-room motel. This site was previously developed with a 12-unit motel at 326 Hamden Drive and a 20-unit motel at 330 Hamden Drive. These two motels were demolished in early 2009 and this area is currently used as a temporary parking lot. The subject property is being modified from its platted and developed property lines to accommodate the proposed development and will have approximately 312 feet of frontage along Hamden Drive. There are also four waterfront lots on the east side of Hamden Drive that are attached to the properties on the west side of Hamden Drive and are 10-foot in depth from Hamden Drive to the water. The waterfront lots are also being modified to coincide with this proposed hotel (Hotel B) and the adjacent hotel under FLD2009-08026 at 300 Hamden Drive (Hotel A). There are existing docks in varying conditions of deterioration for approximately 20 boats. On January 16, 2007, the Community Development Board (CDB) approved Case FLD2006- 10054 with eight conditions of approval for the same subject property, permitting a commercial dock for 20 slips totaling 2,734 square feet to be used in conjunction with the existing motels. The applicant complied with conditions of approval to record Declarations of Unity of Title, record drainage easements and apply for an upland permit to construct fire risers for the docks (BCP2007-08185). This building permit for the fire risers was not pursued and the permit was voided, placing this approval in an expired status. Other overnight accommodation uses exist to the north of the subject property (part of Hotel A property). Properties to the west of this subject property along the east side of Coronado Drive are developed with retail sales, offices and overnight accommodation uses. Existing overnight accommodation uses exist directly to the south and southeast across Hamden Drive. Clearwater Harbor exists to the east of the subject property. Community Development Board -November 17, 2009 FLD2009-08027 -Page 2 of 14 Development Proposal: The proposal is to construct a 118-unit overnight accommodation use at a density of 149.44 rooms/acre (based on net lot acreage), which includes the allocation of 79 units from the Hotel Density Reserve under Beach by Design. Besides the hotel, a 1,335 square-foot retail sales use is proposed as a primary use (0.037 FAR based on original lot square footage). Aland use intensity calculation has been performed for this proposal to ensure the gross floor area of commercial floor area and the number of hotel rooms complies with the maximum allowable intensity through the future land use category and Beach by Design. The proposal also includes approximately 1,060 square feet of accessory use to the hotel (exercise room), which represents approximately 1.33 percent of the gross floor area of the hotel, in compliance with recently adopted Code provisions. This is the fourth hotel to be placed on the Community Development Board agenda since the amendment of Beach by Design in July 2008 creating the Hotel Density Reserve as a means to encourage the construction of new mid-size hotels on the beach in response to the loss of hotel. rooms since 2002. Also on this CDB agenda is a companion Development Agreement (DVA2009-00003) that must be approved by City Council, which provides for the allocation of the 79 units from the Hotel Density Reserve. This Development Agreement provides for mandatory evacuation/closure of the hotel in the event of the posting of a hurricane watch including Clearwater Beach by the National Hurricane Center, which also complies with Beach by Design criteria. The applicant indicates room rates for this hotel will be reasonably priced for a family beach vacation contrasted with the Sandpearl and Aqualea/Hyatt resorts. This proposal complies with the Beach by Design criteria to access all rooms through a lobby and internal corridors. This proposal is also related to a proposed overnight accommodation use at 300 Hamden Drive (FLD2009-08026/DVA2009-00002, Hotel A). These two hotels are joined through the parking garage and amenity levels at the northwest portion of this subject property. The proposal includes redefining or modifying lot lines from that existing. The proposed Hotel B parcel is made up of one existing parcel and a portion of a second parcel. A recommended condition of approval will require the recording of a Minor Lot Adjustment prior to the issuance of any permits, so that the new lot line locations will be corrected in accordance with this application. In compliance with the conditions of approval for Case FLD2006-10054 for the docks (now expired), the applicant recorded three Declaration of Unity of Title documents, tying the water lots to the main lots on the west side of Hamden Drive. As part of the Minor Lot Adjustment process, Staff will prepare Release of Unity of Title documents for the prior recorded documents, as well as new Declaration of .Unity of Title documents corresponding to the new parcels for Hotels A and B. The proposed 118-room hotel is proposed on 0.82 acres with frontage along Hamden Drive. The hotel is proposed at a height of 84 feet from Base Flood Elevation (BFE) to the flat roof deck and at a height of 99.5 feet to the top of architectural embellishments that gives visual interest to the top of the building. The hotel will take access from Hamden Drive on the Hotel A property as its main drive access to the parking garage. An entry portico and drop-off area off Hamden Drive is designed directly north of the hotel lobby (south of the retail sales use). The ground level of this hotel provides the hotel lobby, storage and back-of--house areas. The retail sales use of 1,335 square feet is also located on the ground floor oriented to Hamden Drive. While located within Community Development Board -November 17, 2009 FLD2009-08027 -Page 3 of 14 the hotel building, the retail sales use is designed as a primary use, not an accessory use to the hotel, and it will serve the needs of beach customers as well as hotel guests. The ground through third floors of this hotel on this subject property provide a total of 120 parking spaces of the total 302 spaces in the overall parking garage between Hotels A and B. The fourth level provides an outdoor amenity deck for a swimming pool. The fourth level of the hotel also has 22 rooms and the exercise room. The fifth, sixth, seventh and eighth floors provide 24 rooms per floor. All parking garage levels will be open for natural ventilation. Balconies are provided for many guest rooms on all sides of the hotel building. The proposed 84-foot building height for this project transitions building height generally from the highest on the west side of Coronado Drive (Aqualea/Hyatt - 150-foot maximum height) to the maximum allowable height of four stories over ground-level parking for attached dwellings and overnight accommodation uses on Brightwater Drive (per Beach by Design). The exterior base and body colors of the building will be primarily Roman Column, Welcome White and Compatible Cream. Wall accents will be Copper Mountain at the base and white trim. Roof tiles will be Spanish the of reds and gray-browns, while metal awnings will be a burgundy color. All areas within the setbacks provided will be landscaped to enhance the site and building. The proposal includes setback reductions to various structures around the perimeter of the proposed parcel, except to the south property line. The minimum required front setback for overnight accommodation and retail sales uses under the Tourist (T) District is 15 feet. The building is proposed with a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement). The front building setback is to the parking garage area (Levels 1 - 4) at the northeast corner adjacent to Hotel A, whereas the actual hotel tower will be set back 10.4 feet (all levels). Minimum side setbacks for overnight accommodation and retail sales uses are 10 feet. The proposal includes a side (north) setback of zero feet, where the building and pavement are adiacent to the proposed Hotel A. The building is proposed at a side (south) setback of 10 feet adjacent to the common property line of 332 Hamden Drive. Minimum rear setbacks for overnight accommodation and retail sales uses are 20 feet. The proposal includes a rear (west) setback of zero feet (to the building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building from the common property line for those properties fronting on Coronado Drive. A retention vault is proposed under the ramp in the parking garage from the first to the second floor on the Hotel A property, serving the needs of this property. There is also a retention pond for water quality purposes proposed along the south side of the Hotel A building adjacent to 317 Coronado Drive. The outfall structure at this retention pond will allow overflow water to flow through pipes traversing this Hotel B property, joining up to an existing drainage pipe crossing Hamden Drive and through the seawall on the east side of Hamden Drive. Docks that will be accessory to and serve both Hotels A and B are also being processed on this same CDB agenda under Case No. FLD2009-09036. These docks will be accessible to the guests of the hotels by a sidewalk from the public sidewalk along the east side of Hamden Drive. The existing paved areas on the water lots will be removed and the water lots landscaped as an enhancement to the hotels. Existing overhead utility lines running along the east side of Hamden Community Development Board -November 17, 2009 FLD2009-08027 -Page 4 of 14 Drive will be placed underground with this proposal. The proposal includes seven-foot wide sidewalks along both sides of Hamden Drive. The applicant is requesting atwo-year development order due to market conditions. Community Development Code (CDC) 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. Density/Intensity: Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the maximum density for properties with a designation of Resort Facilities High is 50 overnight accommodation rooms per acre and the maximum Floor Area Ratio (FAR) is 1.0. The applicant and Planning and Development Department Staff have prepared a "mixed use" calculation to ensure the maximum allowable intensity is not exceeded. Based on the 1,335 square feet of commercial floor area proposed as a primary use along Hamden Drive, this floor area was subtracted from the proposed lot area of 35,730.06 square feet (0.82 acres) to determine the net lot acreage for the purposes of determining the maximum number of hotel rooms allowable (both for the base density and the maximum permissible for the Hotel Density Reserve under Beach by Design [adopted as an amendment to Beach by Design under Ordinance 7925-08]). Based on the net lot acreage of 0.7896 acres and the base density of 50 rooms/acre, a maximum of 39 rooms is permitted. Based on the same net lot acreage and the maximum density under the Hotel Density Reserve of 150 rooms per acre, a maximum of 118 rooms is permissible. When the base density number of rooms is subtracted from the overall maximum under the Hotel Density Reserve, the maximum number of rooms the applicant could request from the Hotel Density Reserve is 79 rooms. As such, the proposed FAR, based on the original lot square footage) is 0.037 and the proposed density is 149.44 rooms/acre, based on the net lot acreage, which meets the maximum intensity established in Beach b_y Design for proiects that have acquired units from the Hotel Density Reserve. Impervious Surface Ratio (ISR): Pursuant to CDC Section 2-801.1, the maximum allowable I.S.R. is 0.95. The overall proposed I.S.R. is 0.752, which is consistent with the Code provisions. Minimum Lot Area and Width: Pursuant to CDC Table 2-803, the minimum lot area for overnight accommodations can range between 10,000 - 20,000 square feet and for retail sales uses the range is 5,000 - 10,000 square feet. The overall proposed site is 35,730.06 square feet of lot area. Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 - 150 feet and for retail sales uses the range is 50 - 100 feet. The subject property is being modified from its platted and developed property lines to accommodate the proposed development and will have approximately 312 feet of frontage along Hamden Drive. The proposal exceeds these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, the minimum front setback for overnight accommodations, restaurants and retail sales uses can range between 0 - 15 feet, the minimum side setback can range between 0 - 10 feet and the minimum rear setback for overnight accommodations can range between 0 - 20 feet, while for retail sales uses the range is 10 - 20 Community Development Board -November 17, 2009 FLD2009-08027 -Page 5 of 14 feet. The proposal includes setback reductions to various structures around the perimeter of the proposed parcel, except to the south property line. The building is proposed with a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement). The front building setback is to the parking garage area (Levels 1 - 4) at the northeast corner adjacent to Hotel A, whereas the actual hotel tower will be set back 10.4 feet (all levels). While the proposal includes a 9.3-foot front setback from the Hamden Drive property line, this setback is to two portions of the building on either side of the entry court. There are other portions of the building set back approximately 14-foot or greater. The building at the entry court is set back approximately 31 feet. The fact that the building faces water across the roadway mitigates the front setback reduction along Hamden Drive. Minimum side setbacks for overnight accommodation and retail sales uses are 10 feet. The proposal includes a side (north) setback of zero feet, where the building and pavement are adjacent to the proposed Hotel A. The building is proposed at a side (south) setback of 10 feet adjacent to the common property line of 332 Hamden Drive, complying with the required setback. Minimum rear setbacks for overnight accommodation and retail sales uses are 20 feet. The proposal includes a rear (west) setback of zero feet (to the building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building from the common property line for those properties fronting on Coronado Drive). The minimum rear setback range for an overnight accommodation use at a Flexible Standard (FLS},Staff level is 10 - 20 feet (but at a maximum height of 50 feet). The proposed rear setback for the building is consistent with the proposed side (south) setback. Maximum Building Height: Pursuant to CDC Table 2-803, the maximum allowable height for overnight accommodation uses can range between 35 - 100 feet. The proposed building is 84 feet in height from Base Flood Elevation (BFE) to the flat roof, which is below .the Code maximum. The request has also been advertised to reflect the proposed height of 99.5_ feet to the top of architectural embellishments, where such features give visual interest to .the top of the building. This site is located within the Small Motel character district of Beach by Design, which does not prescribe any maximum heights for this area. Good planning practice is to transition building heights from a compatibility standpoint. The Aqualea/Hyatt overnight accommodation project at 301 S. Gulfview Boulevard (across Coronado Drive from the Hotel A property) was approved with a 150-foot building height (Case Nos. FL 01-01-01 and FLD2004- 07052). The proposed 84-foot building height for this project transitions building height generally from the highest on the west side of Coronado Drive (Aqualea/Hyatt) to the maximum allowable height of four stories over ground-level parking for attached dwellings and overnight accommodation uses on Brightwater Drive (per Beach by Design). Minimum Off-Street Parking: Pursuant to CDC Table 2-803, the minimum required parking for overnight accommodations is 1.2 parking spaces per room. Additionally, parking for retail sales uses can range between 4 - 5 spaces per 1,000 square feet. This proposal has been designed with a parking garage shared with the proposed Hotel A at 300 Hamden Drive (FLD2009-08026). Hotel A is proposed with 142 rooms, a restaurant of 2,750 square feet and 3,900 square feet of retail sales use. CDC Section 3-1405 requires two or more uses to calculate parking based on a Shared Parking basis. When taking all uses into account for both Hotels A and B and the Shared Parking calculation, the required parking totals 376 parking spaces. The shared parking garage proposes a total of 302 parking spaces. On the Hotel B site there will be 120 parking spaces, Community Development Board -November 17, 2009 FLD2009-08027 -Page 6 of 14 while 182 parking spaces are proposed on the Hotel A site. The proposal includes a reduction to required parking from 376 to 302 spaces. A Parking Reduction Study has been submitted as part of the application material, which has analyzed the parking demand against the proposed parking supply. This study concludes that adequate parking will be available on-site to service the proposed uses of both sites for guests, employees and customers. A minority of the customers (40%) for the restaurant and retail sales uses will need to park on-site, where many of the customers will be from the on-site Hotels A and B or as walk-up customers that have parked or are staying elsewhere on the beach. Eighty percent (80%) of the employees are presumed to need to park on-site. Hotel B is not self-sufficient for parking (with its 120 spaces, whereas 142 spaces are required based on 1.2 spaces per room) or access without the construction of Hotel A and its attendant parking garage. As such, Hotel B should not be issued a Certificate of Occupancy prior to the issuance of a Certificate of Occupancy for Hotel A and appropriate cross easements serving the Hotel B property are recorded in the public records. From an amenities standpoint accessory to the hotel, the proposal includes an exercise room of approximately 1,060 square feet (1.33 % of the gross floor area of Hotel B). With such minimal amenities, the overall provided parking appears adequate for guests, employees and customers. This proposal will take primary driveway access from Hamden Drive, where such driveway access and ramps to parking on Level 2 and 3 is located on the Hotel A property. A secondary driveway is proposed on Coronado Drive on the Hotel A property, which will be available for guests of this Hotel B. Existing driveways on Hamden Drive, including all back-out parking, will be removed. Seven-foot wide sidewalks will be constructed for the site frontages along both sides of Hamden Drive. Mechanical Equipment: Pursuant to CDC Section 3-201.D.1, all outside mechanical equipment must be screened so as not to be visible from public streets and/or abutting properties. There will be mechanical equipment located on top of the flat roof of the building. The parapets surrounding the roof may be insufficient to screen the mechanical equipment and additional screening may be required. This will be reviewed at time of the building permit submission. Access to the roof for maintenance of these rooftop units will be by the building's stairwells. Sight Visibility Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the proposed driveways on Hamden Drive, 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. Shrubbery planted within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-911, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. Electric and communication lines for this hotel will be installed underground on-site in compliance with this requirement. There exist overhead utility lines within the right-of--way along the east side of Hamden Drive. The proposal will underground these existing overhead lines along the site frontage on Hamden Drive. It is unknown of the location of proposed electric panels, boxes and meters for this Hotel B. If located exterior to the building, to ensure views are minimized, this electrical equipment should Community Development Board -November 17, 2009 FLD2009-08027 -Page 7 of 14 be painted the same color as the building. The location and potential views of such electrical equipment will be addressed at the building permit stage. Landscaping: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District for this overall site. This proposal meets or exceeds the required minimum five- foot wide building foundation landscape area along Hamden Drive. Along Hamden Drive, the landscaping is provided between the property line and the building and the drop-off zone pavement. The overall site for both Hotels A and B will be planted with a various palm trees (Florida royal, coconut, pigmy date, Senegal date and medjool date), buttonwood trees, shrubs (Indian hawthorn, schefflera, ixora, podocarpus and petite pink oleander) and ground covers (jasmine, green carpet natal plum, variegated flax lily and gold mound duranta). Landscaping assists with softening and reducing building massing to both pedestrians and motorists. Since the sidewalks planned in the Hamden Drive rights-of--way will be adjacent to the street curb, landscaping is also planned within the rights-of--way, which will require aRight-of--Way Use Permit. The waterfront lots on the east side of Hamden Drive are also planned to be planted for beautification of the site. Solid Waste: A compactor dumpster is proposed for both Hotels A and B, to be located in a trash and compactor room on this Hotel B property. Hotel housekeeping staff will remove trash from hotel units. It is presumed that the retail sales employees will transport their trash to the compactor dumpster. The proposal has been found to be acceptable by the City's Solid Waste Department. Sig_nage: The proposal does not include a freestanding sign at this time. However, any future freestanding sign should be designed as a monument-style sign, match the exterior materials and color of the building and be a maximum height of four feet, unless approved at six-foot height thrrntoh a (~'nm rehencive Lion Prnoram in arrnrrlanra with the flexihility criteria of (vTl('' Section 2-803.I.3. Attached signage must meet Code requirements. Additional Beach by Des~n Guidelines: 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 hotel building footprint is approximately 8,555 square feet. The project's overall horizontal plane dimensions are approximately 242 feet along Hamden Drive, 89 feet east to west, while the vertical plane is approximately 89 feet from grade to the top of the flat roof. While the depth and height of the building are equal, the provisions of the Guidelines are not intended to serve as regulations requiring specific relief (except with regard to building height and spacing between buildings exceeding 100 feet in height). Modulation of the building massing also provides considerable dimensional variation. Section C.2 requires rio plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. All facades of the building have been designed in compliance with this requirement, with the largest linear dimensions of approximately 92 and 84 feet along the rear or west side of the building. All other portions of the building facade are modulated with at least afive-foot deviation. Community Development Board -November 17, 2009 FLD2009-08027 -Page 8 of 14 Section C.3 requires at least 60 percent of any elevation to be covered with windows or architectural decoration. The applicant has calculated the east elevation along Hamden Drive at 67 percent, the north elevation at least 61 percent, the west elevation at 67 percent and the south elevation at 61 percent. Code Enforcement Analysis: There is an active Code Enforcement case at 301 and 305 Coronado Drive for pennants at the restaurant (BIZ2009-00413). COMPLIANCE WITH STANDARDS AND CRITERIA: The following table depicts the consistency of the development proposal with the standards as per CDC Tables 2-801.1 and 2- 803: Standard Pro osed Consistent Inconsistent Density 50 units/rooms per acre 118 units/rooms (149.44 XZ units/rooms er net acre)' Floor Area Ratio (FAR) I.0 1,335 square feet (0.037 XZ based on original lot square foota e) Im ervious Surface Ratio 0.95 0.765 X3 Minimum Lot Area Ovemight accommodations: 35,730.06 sq. ft. X3 10,000 - 20,000 sf Retail Sales: 5,000 - ] 0,000 sf Minimum Lot Width Overnight accommodations: 312 feet X3 100 - 150 feet Retail Sales: 50 - 100 feet Minimum.Setbacks Front: 0- 15 feet East: 9.3 feet (to building); X3 6.5 feet (to upper level balconies); 1 1 feet (to avement) Side: 0 - 10 feet South: ] 0 feet (to building) X3 North: 0 feet (to building and pavement adjacent to ro osed Hotel A) Rear 0 - 20 feet West: 0 feet (to building X3 adjacent to proposed Hotel A); 10.7 feet (to Hotel B buildin ) Maximum Height 35 - 100 feet 84 feet (from BFE to flat X3 roof) and 99.5 feet (to top of architectural embellishments) Minimum Ovemight accommodations: 1.2 302 total parking spaces X° Off-Street Parking parking spaces per unit/room (376 spaces required per Retail Sales: 4 - 5 spaces per Shared Parking calculation; 1,000 square feet 120 spaces on Hotel B ro erty) ' Includes 95 units/rooms allocated from the Hotel Density Reserve pursuant to Bench by Design '- Based on a "mixed use° calculation; See nnnlysis in StnffReport a See nnnlysis in StnffReport ~ Bnsed on Perking Reduction Stud}': See nnnlysis in Staff Report Community Development Board -November 17, 2009 FLD2009-08027 -Page 9 of 14 COMPLIANCE WITH FLEXIBILITY CRITERIA: The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.C (Comprehensive Infill Redevelopment Project): Consistent Inconsistent 1. The development or redevelopment is otherwise impractical without deviations from X~ 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 proposed X' 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 a. The proposed use provides for the development of a new and/or preservation of a wnrkino watPrfrnnt iicP .. ...._._.~ .. ~__. _. __._ ___. I 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. See analysis in StnffReport Community Development Board -November 17, 2009 FLD2009-08027 -Page 10 of 14 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 CDC Section 3-913: Consistent 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 X 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 X~ immediate vicinity. 6. The design of the proposed development minimizes adverse effects, including X~ visual. acoustic and olfactory and hours of operation impacts on adiacent properties. ~ See nnnlysis in StnffReport. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of September 3, 2009, and October 1, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact. The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: 1. The 0.82 acres is located on the west side of Hamden Drive approximately 200 feet south of Third Street; 2. The proposed Hotel B parcel is made up of one existing parcel and a portion of a second parcel, which will be modified through a Minor Lot Adjustment so that the property lines will coincide with the new lot line locations proposed with this application; 3. The proposal is to construct a 118-unit overnight accommodation use at a density of 149.44 rooms/acre, which includes the allocation of 79 units from the Hotel Density Reserve under Beach by Design; 4. A companion Development Agreement (DVA2009-00003) that must be approved by City Council is also on this CDB agenda, providing for the allocation of the 79 units from the Hotel Density Reserve; 5. In addition to the hotel, this proposal includes 1,335 square feet of retail uses as a primary use (0.037 FAR based on original lot square footage); 6. The proposal also includes approximately 1,060 square feet of accessory use to the hotel (exercise room), which represents approximately 1.33 percent of the gross floor area of the hotel; 7. The hotel is proposed at a height of 84 feet from the Base Flood Elevation (BFE) to the roof deck and 99.5 feet (to the top of architectural embellishments); Community Development Board -November 17, 2009 FLD2009-08027 -Page 11 of 14 8. The proposed 84-foot building height transitions building height generally from the highest on the west side of Coronado Drive (Aqualea/Hyatt - 150-foot maximum height) to the maximum height of four stories over ground-level parking for attached dwellings and overnight accommodation uses on Brightwater Drive; 9. The ground through third floors of this hotel on this subject property provide a total of 120 parking spaces of the tota1302 spaces in the overall parking garage between Hotels A and B; 10. The proposal includes setback reductions to various structures around the perimeter of the proposed parcel, except to the south property line; 11. The building is proposed with a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement). The front building setback is to the parking garage area (Levels 1 - 4) at the northeast corner adjacent to Hotel A, whereas the actual hotel tower will be set back 10.4 feet (all levels); 12. The proposal includes a side (north) setback of zero feet, where the building and pavement are adjacent to the proposed Hotel A; 13. The proposal includes a rear (west) setback of zero feet (to the building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building from the common property line for those properties fronting on Coronado Drive); and 14. The active Code Enforcement issue associated with this subject property does not affect the development proposal. Conclusions of Law. The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the development proposal is consistent with the Standards as per Tables 2-801.1 and 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 Communiiy Deveiapmeni 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. That the development proposal is consistent with the Design Guidelines of Beach by Design. Based upon the above, the Planning and Development Department recommends APPROVAL of the (1) Flexible Development application to permit a 118-unit overnight accommodation use and 1,335 square feet of retail sales floor area in the Tourist (T) District with a lot area of 35,730.06 square feet (0.82 acres), a lot width of 312 feet along Hamden Drive, a front (east) setback along Hamden Drive of 9.3 feet (to building), 6.5 feet (to upper level balconies) and 11 feet (to pavement), a side (south) setback of 10 feet (to building), a side (north) setback of zero feet (to building adjacent to proposed Hotel A), a rear (west) setback of zero feet (to building adjacent to proposed Hotel A) and 10.7 feet (to Hotel B building), a building height of 84 feet (from BFE to flat roof) and 99.5 feet (to top of architectural embellishments) and 120 parking spaces, as a Comprehensive Infill Redevelopment Project, under the provisions of CDC Section 2-803.C, and approval of a two-year development order; and (2) Increase the permitted density by the allocation of 79 overnight accommodation units from the Hotel Density Reserve created pursuant to Beach by Design, with the following conditions: Community Development Board -November 17, 2009 FLD2009-08027 -Page 12 of 14 Conditions of Approval: 1. That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00003); 2. That application for a building permit to construct the approved project be submitted no later than November 17, 2011, unless time extensions are granted pursuant to CDC Section 4-407; 3. That, prior to the issuance of any permit, a Minor Lot Adjustment, Releases of Unity of Title and new Declarations of Unity of Title be recorded in the public records; 4. That the final design and color of the building be consistent with the elevations approved by the CDB; 5. That no permits for Hotel B be issued prior to the issuance of permits for Hotel A and no Certificate of Occupancy be issued for this Hotel B at 316 Hamden Drive prior to the issuance of a Certificate of Occupancy for Hotel A at 300 Hamden Drive under FLD2009- 08026/DVA2009-00002, nor until appropriate cross easements serving the Hotel. B property are recorded in the public records; 6. That any freestanding sign be a monument-style sign, be designed to match the exterior materials and color of the building and be a maximum height of four feet, unless approved at six-foot height through a Comprehensive Sign Program; 7. That the books and records pertaining to use of each hotel room be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by general law; 8. That, prior to issuance of a Certificate of Occupancy, a humcane evacuation plan for the hotel and accessory docks be submitted and approved by the City for all guests of the hotel; 9. That, prior to the issuance of the building permit, plans be revised to show mirrors and/or other devices to aid motorists with blind spots in the parking garage; 10. That; prior to the issuance of a Cert_fi_c~te of Occtlpanc_.y; cross easements for parking, drainage, fire systems, maintenance, etc. be recorded in the public records; 11. That, prior to the issuance of the Certificate of Occupancy, existing overhead utility lines within the right-of--way along the east side of Hamden Drive be placed underground; 12. That, prior to the issuance of the building permit, the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from adjacent roadways, be painted the same color as the building; 13. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits; 14. That all Parks and Recreation fees be paid prior to the issuance of any permits; 15. That, prior to the issuance of any permit, plans be revised to: a. clearly indicate seven-foot sidewalks to be constructed along Hamden Drive; and b. show visibility triangles on Sheet L1.1; and 16. That, prior to the issuance of any permit, all requirements of General Engineering, Stormwater Engineering, Traffic Engineering and the Fire Departments be addressed. Prepared by Planning and Development Department Staff: vV Wayne .Wells, AICP, Planner III Community Development Board -November 17, 2009 FLD2009-08027 -Page 13 of 14 ATTACHMENTS: ^ Location Map ^ Aerial Map ^ Zoning Map ^ Existing Surrounding Uses Map ^ Photographs of Site and Vicinity S: IPlnnning DepnrtmentlC D BIFLEX (FLD)IPending cnsesl Up for the nest CDBIHmnden 316 Tropicnnn Reso~9 Hotel B (T) 2009 rs - 1 /.17.09 CDB - WWIHnmden 316 Hote lB FLD Staff Report.doc Community Development Board -November 17, 2009 FLD2009-08027 -Page 14 of 14 Wayne M. Wells, AICP 100 South Myrtle Avenue, Clearwater, FL 33756 Phone: 727-562-4504 (Email: ~~~ayne.~iells~;mvclearwater.com PROFESSIONAL EXPERIENCE ^ Planner III Planning and Development Department, City of Clearwater, FL November 2001 to Present As part of the Development Review Division, prepared and presented staff reports for Flexible Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats before the Development Review Committee and the Community Development Board and Development Agreements before the City Council; Reviewed building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, email, zoning counter or predevelopment meetings). Zoning Coordinator Zoning Division, City of Pinellas Park, FL March 1989 to November 2001 Acting Zoning Director; Represented the Zoning Division on cases and issues before the City Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of Adjustment and outside agencies; Prepared and presented staff reports for land use plan amendments, rezoned, planned unit developments, conditional uses, variances and site plans; Reviewed final site plans and building permits for Code conformance; Prepared and/or assisted preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Program Manager, Zoning Branch Manatee County Dept. of Planning and Development, Bradenton, FL June 1984 to March 1989 Trained and supervised three employees; Prepared and presented variances and appeals to the Board of Zoning Appeals; Coordinated final site plan and building permit review for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement Manager- Managed the Code Enforcement Section; Supervised six employees; Prosecuted cases before the Code Enforcement Board; Investigated and prepared cases of alleged violations of land use and building codes. Planner II, Current Planning Section -Prepared and presented staff reports for rezones, planned developments, special permits, plats and mobile home parks to Planning Commission and Board of County Commissioners; Reviewed final site plans and building permits for Code enforcement; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). ^ Planner I Alachua County Dept. of Planning and Development, Gainesville, FL June 1980 to June 1984 Prepared and presented staff reports for rezones and special permits to Planning Commission and Board of County Commissioners; Reviewed site plans and plats for Code conformance; Assisted in preparation of Code amendments; Provided public information (via telephone, mail, zoning counter or predevelopment meetings). Intern -Compiled and coordinated the Alachua County Information and Data Book; Drafted ordinance revisions; General research. Graduate Assistant University of Florida Dept. of Urban and Regional Planning, Gainesville, FL 1979 to 1981 Coordinated downtown study for Mayo, FL; Coordinated graphics for Jefferson County Comprehensive Plan. ^ Planning Technician Planning Division, City of St. Petersburg, FL 1977 to 1979 Primarily prepared graphics, for both publication and presentation; Division photographer for 1 years; Worked on historic survey and report. EDUCATION Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed, thesis not completed), University of Florida, 1981 Bachelor of Design in Architecture, University of Florida, 1976 LICENSES & CERTIFICATES American Institute of Certified Planners American Planning Association, Suncoast Section °~fEr ~ a C~.s2kvay 6hrd ~ ~, 13 2 2 2 PROJECT a ~rRSr SITE ~; sr Z SECONp DF~4hr ST [3R Txrr~e 3 _~ ~ ~ z¢ o g ~ s~,.v~rl=~ Q€z ~aFTy sr ~' g B~AYSIQE ~~ ~ R \_ B ~---'~_~_~ ~ ~ ~ _~ $L } C~J~j _ ELF J~/ J~' ~~ay ~~~ ~ ~ / j ~~ / ~~~ -~. r ' o j S u~ ~~ ~ LOCATION MAP Owners: Agostino DiGiovanni, Francesco Carriera and John Conti, co-trustees of the Tropicana Resort Land Trust; Cases: FLD2009-08027 DVA2009-00003 and Flamingo Bay Condominium Developers, LLC Site: 316 Hamden Drive (Hotel B) Property Size: 0.819 acres PINS: 08-29-15-17604-000-0020 (Portion of) Atlas Page: 276A 08-29-15-17604-000-0030 2 209LDCTR 215 213 ^^O d ~, 2>7 ry o ~ ~ ^^ `' z1a ^~ ~ z>a ~ ^ ~ z ry~ ^rya SECOND ST Q 221 o~ ^ Q ?24 ^h ,~ O ^ry ^ O ~ 225 ^^ ^^°j ^ ry 229 230 ~ 229 228 R ^ n ry A 230 1 ` ^ ^ ~ , ^ h 301 300 251 301 300 30 305 305 O~ 309 309 /lD` 3» 312 315 316 315 319LOCTR 3>7 B 320 319 326 321 323 325 3 332 ~ 377 T 325 r 331 333 332 333 333 o a ~ ^ 347 ^ ^ o 341 BR/Gy~A TER pR 34~ 343 342 345 345 ~ ~° o ^ 351 ^ ^ ^ ^ ~ ^ 34a 346 w ~ M h N t j M n ~ 347 355 353 348 5 F/FTy ST 350 0 401 401 P ZONING MAP Owners: Agostino DiGiovanni, Francesco Carriera and John Cases: FLD2009-08027 Conti, co-trustees of the Tropicana Resort Land Trust; DVA2009-00003 and Flamingo Bay Condominium Developers, LLC Site: 316 Hamden Drive (Hotel B) Property Size: 0.819 acres PINS: 08-29-15-17604-000-0020 (Portion of) Atlas Page: 276A 08-29-15-17604-000-0030 -' - 1 sa ?07 1 B ~ s A 212 V ~air}t~ De ch d ~ _ _ _ 2~¢ . 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A ` ~ 117 341 ' -~ „ BR/GyT " ~ , a ^ I ~ 347 i t 342 w'4 TER D/Q 7 _118 _ 345 ^ °j ~ c o s O 3 ~' ^ °' V r i ~ 5170 119 348 9'1~ 346 1 3 ~ ~ ~ ~ n t 8$ LINF6 . ~° AC t~SS n . . ~I1THO~t1 S 353 13 9 so 45 4 I 6 1 g 10 1 14 A 1 IN g 10 350 _ 401 / ~ ~° FIFTH ST A 06445* r ~ r ~ 72 121 i- 1 ~ ~ 04932 65980` EXISTING SURROUNDING USES MAP Owners: Agostino DiGiovanni, Francesco Carriera and John Cases: FLD2009-08027 Conti, co-trustees of the Tropicana Resort Land Trust; DVA2009-00003 and Flamingo Bay Condominium Developers, LLC Site: 316 Hamden Drive (Hotel B) Property Size: 0.819 acres PINS: 08-29-15-17604-000-0020 (Portion of) Atlas Page: 276A 08-29-15-17604-000-0030 t a .,:° ~ ,,:+ i "A y : k ` t Z , yy~ ~ ~ ~ ~~ , J } ~ (, '~ ~~ ~ t ~ _J n G> ~ n ~ ! ~ `F '~ ~~~ "''J ~.~,,, ~ ~ ,f ar., ; _ ~., ,~ 1J ~ ~ ~ I ~ a ~ ~ s; ~: ~~' , ,,~ ~ ' ~ .: ~ . ~ ' / ~~~~. 7.i r.~~r~-~ ~ r?.~~ i i f Q~ ~a ~~ ~ 't _.- ,, ys~ y~~~ (' ., Y ).u ~' S 'fir ~ I#' ~ ~ / .. f 4q `dl. ~. _. ~ 1 '~ ~ ~ ' ' ~ I~ ~• ~ T'~ , ~I ~ ~ µ ~ } 9 r n ._r A $I.i - ! ~ ., !~ ~- l ~ ! 5 ~~ 1 4 ~ i . J ~ . . ~ ~ ; i ~r .~ ~l~~~~ I ~ ~ _ ~ ~ ~ ~ ~ t ,` r ~ y,. y ~ ~~y ,moo` e ~I K -t r~, '!''~"p ' 111 ,' ~~ " ~' ~ ~' s ~~' .. , t 1~s ~ ~ " ~' I ~ ~ - - ~~. ~~ r 1 t - 1 i ~. l t I - ~~ l - ~' ~ , ~h. ~ ~~. ~- , I ,~ ~-N ~ ;; ~ ~ ~, ~ ~~4 1 ~ .' v ~:a . A,, v ~' , ~ r .. r. - , ; ~ ~ ~~ :~ ~ ~a ,' ~ . ~ ~ 'a vt' ~ ~~. ~... ~ ~ ' ...e:w,: ..j~JY. / ~, I~ ~ • ~ ~ al I I: ® ; r",qtr ~~ ~ ~ e~;-~r'Is;- I ~ 1 { ' ~ : . , ~ f~ t i~~rk~4 "1 ~ r. _~_'~ S. ` ~ ti f' ' ~ . ~ ~ r: _ { ~ ~ 'EiEy~F~ R *- r ~ ~ ~ ~ , ~~ ~te~ _ ,: ~ ~.~:: AERIAL MAP Owners: Agostino DiGiovanni, Francesco Carriera and John Cases: FLD2009-08027 Conti, co-trustees of the Tropicana Resort Land Trust; DVA2009-00003 and Flamingo Bay Condominium Developers, LLC Site: 316 Hamden Drive (Hotel B) Property Size: 0.819 acres PINS: 08-29-15-17604-000-0020 (Portion of) Atlas Page: 276A 08-29-15-17604-000-0030 View looking SW at subject property from intersection of Hamden Drive and Third Street (Hotel A) ~..>s~ ~. ~ , ,+~, ^ ~ ~~ / +~. r,c` ~ /~~. ' T- ^r r 1~ M r q ~r ~:. ~ ~ . .. .._ r r ~~~ y n ~t _ ~~ 4rr ' #7Gr~ .: x "__~_ 4- ~ ~-~I _. ._ J View looking SW at subject property along W side of Hamden Drive (Hotels A and B) -;,:~ ,, Drive (Hotel A) 300 - 316 Hamden Drive FLD2009-08026/DVA2009-00002 and FLD2009-08027/DVA2009-00003 Page 1 of 2 View looking NW at subject property along W side of Hamden Drive (Hotels A and B) View looking NW at subject property along W side of Hamden Drive (Hotel B; Aqualea/Hyatt in background) View looking NE at subject property along E side of Coronado Drive (Hotel A) -_. 1---.----• C o _ ^ ~~ r w rrw r - ~:a n nn a u ~ n n------~ ~ w w a n n wlr r. n n nn a ~e ~.~ en ea ~e e~ va ., v eu a -;: a ar t ,.:~. n ~Y~~ ` Iliia io ~ ~ F .+~!~ awe . ' re~a . w X31 - ~ i - 7 1 .nr:. !~!~ ~ ~~! , - - !f !'1 ~t.~r s s ~~ - ,~ .~ - .~: .. -s:=_... View looking SE at motel at 333 Hamden Drive (S/SE of subject property -Hotel B) r. ,r. .4}aa... -~.y - > -_.~ ~. ...nom ~.H _~. W .. __. .~. .. 300 - 316 Hamden Drive FLD2009-08026/DVA2009-00002 and FLD2009-08027/DVA2009-00003 Page 2 of 2 View looking W from Hamden Drive along S side of Third Street (subject property on left; Aqualea/Hyatt in background) View looking NW along W side of Hamden Drive N of Third Street at existing development (N of Hotel A) ~'~ , ~` -; View looking NE at motel at 229 Coronado Drive N of subject property (Hotel A) View looking NE along E side of Coronado Drive at existing development W of subject property (Hotel B) RESPONSES TO 10/1/09 DRC COMMENTS FLD2009-08027 - 316 Hamden Drive (Hotel B) GENERAL ENGINEERING: Prior to the issuance of a Building Permit: Comment No. 1: The 6-inch water line to which tap is proposed on Sheet C5.1 (Coronado Drive side of property) is an abandoned water main. Tap will need to be made to the existing 6-inch water main located on the west side of Coronado Drive. Response No. 1: NES -Acknowledged, required prior to issuance of Building Permit. Comment No. 2: After utility cut is made across Coronado Dr. applicant shall mill and resurface a minimum 25-feet either side of the utility cut for the full width of the roadway due to Coronado Dr. being a newly resurfaced road. Response No. 2: NES -Acknowledged, required prior to issuance of Building Permit. Comment No. 3: Clarify how sanitary sewer is to be connected to City system. If a new connection is to be made to City manhole, provide rim and invert information. Response No. 3: NES -Acknowledged, required prior to issuance of Building Permit. Comment No. 4: Parking meters are shown as being removed on the demolition plan and then installed on the site plan. Depict on a plan the number and location of the existing public parking spaces and the number and location of the proposed public parking spaces. Response No. 4: NES -Acknowledged, required prior to issuance of Building Permit Prior to the issuance of Certificate of Occupancy: Applicant shall submit 5 sets of as-built drawings that are signed and sealed by a State of Florida Registered Professional Engineer. The Construction Services Inspector will field inspect as-built drawings for accuracy. General Note: If the proposed project necessitates infrastructure modifications to satisfy site-specific water capacity and pressure requirements and/or wastewater capacity requirements, the modifications shall be completed by the applicant and at their expense. If underground water mains and hydrants are to be installed, the installation shall be completed and in service prior to construction in accordance with Fire Department requirements. General Note: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. ENVIRONMENTAL: No issues. Please note: An Asbestos Survey is usually required prior.to conducting any demolition or renovations. Please contact Pinellas County Air Quality (464-4422) for further information. FIRE: Comment No. 1: 9/22/2009 Fire Flow calculations are incorrect and incomplete. Spoke with Jeff at Griner Engineering. Advised building "A" will require a 1,000 GPM fire pump and building "B" will require a 750 GPM fire pump. Individual calculation forms are to be submitted to address each building with proper identification. 9/22/2009 Response to comments under Fire comment # 5 Acknowledged. Each Hotel is to stand as independent with respect to fire. The plans do not indicate two (2) fire pumps and they do not show the location of each room. Provide details. ACKNOWLEDGE PRIOR TO CDB. Response No. 1: Acknowledged. Fire Flow Calcs completed, See attached Calculation sheets. Each hotel contains a fire command room as well as a fire pump room. Each hotel also has its independent generator room. 2 Comment No. 2: 9/17/2009 Response to comments under Fire comment #5 Acknowledged. Each Hotel is to stand as independent with respect to fire. The plan indicates 2 Hotels, Hotel "A" and Hotel "B" will share one fire pump, or will two (2) pumps be used? Show the location of the room/rooms if the hotels each have their own fire pump they will need to be 750 G.P.M fire pumps or if one pump is to be used a minimum of 1,000 G.P.M, will be required. Also if buildings are separate systems then EACH building will require 2 separate Fire Department Connections. ACKNOWLEDGE PRIOR TO CDB Response No. 2: Acknowledged. Each Hotel is to stand as independent with respect to fire, however, fire sprinkler and fire alarm systems shall be inter-connected so as to operate as a single system with respect to operation and maintenance. Comment No. 3: 9/22/2009 We consider these buildings as one building as they sit on one foundation. If they are separate buildings how do you propose to separate the garages? ACKNOWLEDGE PRIOR TO CDB. Response No. 3: Acknowledged. We have not drawn the foundations at this time. When the structure is ultimately designed each building and garage shall be structurally independent. Comment No. 4: Page 7, Line L. under Fire Flow Calculations/water study in the Flexible Development Application states that the fire flow calculations have been provided, the incorrect form has been provided. A Copy of the correct form is available from the Clearwater Fire & Rescue Fire Prevention Division. ACKNOWLEDGE PRIOR TO CDB. Response No. 4: Acknowledged. See attached Fire Flow calculations. Comment No. 5: Sheet Al shows FCR (Fire Command Room). On Sheet A2 the room is not shown. Provide details--is this above the BFE? Is it in a mezzanine area? ACKNOWLEDGE PRIOR TO CDB. Response No. 5: Acknowledged. There are stairs within the fire command rooms to get the equipment and attending personnel to the correct height above BFE. The first floor has sufficient height to allow min. 7'6 ceiling height in upper level of the fire command rooms. Same is also true of the generator in Building B. 3 Comment No. 6: Provide a Life Safety Evaluation as to the operation of each system's capabilities to be zoned and identify alarm location. ACKNOWLEDGE PRIOR TO BUILDING PERMIT. Response No. 6: Acknowledged. HARBOR MASTER: LEGAL: LAND RESOURCES: LANDSCAPING: No issues. No issues. No issues. No issues. PARKS AND RECREATION: Comment No. 1: The Public Art and Design Impact Fee is due and payable on this project prior to issuance of a building permit. This fee could be substantial and it is recommended that you contact Chris Hubbard at 727-562-4837 to calculate the assessment. Response No. 1: Acknowledged. Comment No. 2: Open space/recreation impact fees are due prior to the issuance of building permits or final plat (if applicable) whichever occurs first. These fees could be substantial and it is recommended that you contact Debbie Reid at 727- 562-4818 to calculate the assessment. Response No. 2 STORMWATER: Acknowledged. The following shall be addressed prior to Community Development Board: Comment No. 1: Actual length of the vault on the plan appears to be 35', not 65' as the vault plan view indicates. Please revise plans to show the correct dimension of the proposed vault. Response No. 1: NES - 65' is correct dimension. Please see revised Sheet C4.1. 4 SOLID WASTE: No comments. TRAFFIC ENGINEERING: Comment No. 1: Turning template shows vehicle encroaching into opposing lane and hitting curb, re-design to eliminate these situations. Response No. 1: NES -Revised turning diagram submitted to Traffic Engineering and found to be satisfactory. Comment No. 2: In order to prevent vehicles such as passenger, bus and limousine from stacking into Hamden Drive re-design drop off zone to accommodate such queuing. Response No. 2: NES -Comment deleted per City Staff at DRC. Comment No. 3: Crosswalk shall be "ladder style" markings along Hamden Drive in front of the driveways. Add two parallel lines connecting the rungs. Response No. 3: NES -Marking adjusted per your request, please see revised Sheet C3.1 Comment No. 4: The proposed driveway along Coronado Drive is highly discouraged due to degradation of level of service. Response No. 4: NES - During discussions at DRC City Staff stated both Coronado and Hamden will most likely become one way, making this second point of ingress/egress even more necessary to the appropriate function of this development. The above to be addressed prior to a Community Development Board (CDB) hearing. General Note 1: Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). Response: Acknowledged. 5 General Note 2: DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Response: Acknowledged. PLANNING: Comment No. 1: 9/22/09-VWV Did not find Beach by Design Sheet 1. Provide. 8/31109-WW Show compliance with Section C.1 of the Design Guidelines of Beach by Design: "Buildings with a footprint of greater than 5,000 square feet or a single dimension of greater than one hundred (100) feet will be constructed so that no more than two (2) of the three (3) building dimensions in the vertical or horizontal planes are equal in length. For this purpose, equal in length means that the two lengths vary by less than forty percent (40%) of the shorter of the two (2) lengths. The horizontal plane measurements relate to the footprint of the building." Response No. 1: Acknowledged. See sheets A3 & A4 for Beach by Design exhibits. Comment No. 2: 9/22/09-VW11 Need to sit down and go over where walls exist versus balconies. Floor plans and elevations are misleading as to locations of such. Need to properly show such in order to properly advertise the request. 8/7/09-VW11 Floor plans and elevations -Floor plans need to show the exterior wall openings on all floors so that they can be coordinated with the door and window openings shown on the elevations. Balconies need to be similarly shown/coordinated between the floor plans and elevations. For rooms on Level 4 that are adjacent to the amenity deck (pool), will there be some "fencing" to delineate private "balcony" from common deck area? Operationally, does it make sense that people desiring to go to the pool must travel through the exercise room? Response No. 2: Acknowledged. Plans have been refined to properly indicate balcony /building wall locations. Comment No. 3: Sheets C3.1, C3.2, C4.2, C5.1, L1.1 and Al -Parking row numbers need to reflect those spaces being attributed to Hotel A and to Hotel B. There are discrepancies in the 6 number of spaces between civil and architectural plans and the double doors to the trash room for Hotel A. Revise. Response No. 3: Acknowledged. See Sheets Al and A2. NES -Please see revised parking space counts which reflect the spaces attributed to each hotel. The discrepancies between civil and architectural plans have been resolved. Comment No. 4: 9/26/09 - WW While the square footages of the meeting rooms (hotel A) and pool and exercise rooms (Hotels A and B) were provided, the other information was not. Need to address the comment below. If the percentage of accessory uses is less than 10% of the total floor area, then no additional parking spaces are required and no reduction to the number of rooms from the Reserve is necessary. 8/28/09-WW Sheet A2 -Need to provide the square footage of the "pool and exercise room" on Level 4, as this is an accessory use to the hotel. For Hotel A, need to provide a total accessory use square footage of the "hotel meeting rooms" and the "pool and exercise room". Need to provide the gross floor area of the hotel (total square footage). Need to indicate the percentage of accessory use square footage (see above) to the gross floor area. With the pending Code amendment for accessory uses for hotels under Ordinance No. 8044-09, need to address the following: b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. c. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density 7 Reserve established in Beach by Design and whose interior accessory uses are between 5% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density; ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design; iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site; iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the project site; v. Determine the total floor area of all interior accessory uses exceeding 5% of the gross floor area of the proposed building; vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage; vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. a. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the project as determined in vii. Response No. 4: Acknowledged. See attached Building area/Accessory area calculation sheet and Civil engineering site data tables. Comment No. 5: Sheet C1.1 and Exhibit A to the application - Legal description needs to change for the waterfront lots, due to the transfer from Hotel A parcel to Hotel B parcel of approximately 113 square feet to correct land area needs to provide for the 118 hotel room density. Response No. 5: See revised legal descriptions. Comment No. 6: Exhibit B -Description of Request -Revise the Request for the following: a. Revise lot area to 35,715.74 square feet; and 8 b. Unclear where the front setback of 8.8 feet to column is (at the NE corner there is a dimension of 9.3 feet to a column). Response No. 6: NES -Please see revised plans, setbacks and site data table. Comment No. 7: Sheet C2.1 -Add Note 17 to the southernmost dock. Response No. 7: NES -Note added to revised sheet C2.1 Comment No. 8: Sheet C1.1 -Site Data -Front setback to building is indicated as 10.4' and to column of 8.8'. Unclear where the column is (can't find). There is the edge of the garage entry on Hotel A parcel (on onto Hotel B parcel) at 9.3 feet. Also, unclear of the 0' front setback to pavement. Response No. 8: NES -Please see revised plans, setbacks and site data table. Comment No. 9: Sheets A2 and A4 -Plans have been redesigned to comply with the Beach by Design provision of a maximum 100-foot length of a linear facade before there is a deviation of at least five feet. In order to meet such provision, balconies on the west side of Hotel B have been removed to provide a facade deviation of approximately 10 feet. Question/suggestion: If balconies are desired, which I would think they would be desired, and the deviation of at least five feet could be provided, then add balconies to the four indents on the west side (show on Sheets A2 and A4) and provide the dimension of indent to the balcony and to the exterior wall of the unit. Response No. 9: Acknowledged. See Sheet A4 for Beach by Design facade proportion exhibits. Comment No. 10: Response to General Applicability criteria #4 -Revise in Paragraph 2 the number of parking spaces proposed (not 317 spaces). Response No. 10: See revised Exhibit "B" which correctly states 302 parking spaces. Comment No. 11: 9/20/09-VWU Include as a condition of approval in the Staff Report. 8/7/09 - WW Lot lines are proposed to be modified/relocated from that as platted (main hotel areas for Hotels A and B between Coronado Drive and Hamden Drive), as well as possibly for the waterfront lots on the east side of Hamden Drive. As such, a Minor Lot 9 Adjustment will be required to be approved prior to the submission of any building permits. Additionally, since Declaration of Unity of Titles have been recorded tying waterfront lots to the main lots between Coronado Drive and Hamden Drive, a Release of Unity of Title(s) will also be approved prior to the submission of any permits. The Staff Report will include an appropriate condition of approval for such. Response No. 11: Acknowledged. Comment No. 12: Parking Study by Robert Pergolizzi - Revise for the following: a. Introduction, Paragraph 1, Line 10 -Revise from 42 to 41 for the restaurant (to be consistent with calculation on Sheet C1.1); b. Introductions, Paragraph 2, Line 1 - It appears the total number of spaces will not be 301. Revise to the proper number of spaces. c. Parking supply, Line 1 - it appears the total number of spaces will not be 301. Revise to the proper number of spaces; and d. Conclusion, Line 6 - It appears the total number of spaces will not be 301. Revise to the property number of spaces. Response No. 12: a. See the revised Parking Reduction Study, dated October, 2009. b., c. & d.The study was revised to indicate 302 parking spaces. Comment No. 13: Sheet Al -Remove the word "marina" from the "retail commercial unit. Response No. 13: Acknowledged. Comment No. 14: 9/22/09-WW Will include a condition of approval in the Staff Report to require there be no issuance of any TCO or CO for Hotel B prior to the issuance of a CO for Hotel A and the recording of cross easements for parking, drainage, fire systems, maintenance, etc. 8/3/09-WW The design of these two hotels are intermingled with parking and support facilities, such that it appears that one hotel cannot be constructed independent of the other hotel, or at least the first 3-4 floors. The written material needs to address this 10 interdependence and how such will be constructed and operated. Examples are, but are not limited to: a. Hotel B is dependent upon Hotel A for the driveway to Hamden and the ramps to Levels 2 & 3 parking; b. Hotel A is dependent upon Hotel B for the driveway to Coronado Drive; c. Hotels A and B are interdependent on the number of parking spaces (?) between the two hotels; d. Hotel A is dependent upon Hotel B for trash disposal (see Solid Waste comments) for pickup on Hamden Drive; e. There are pools on Level 4 for both Hotels A and B, however, only Hotel B is shown to have a pool mechanical room (unclear if this single pool equipment room has equipment for -both pools or only for Hotel B); and f. Storage and equipment rooms on Levels 2 & 3 are only shown for Hotel B (there are no similar storage and equipment rooms shown for Hotel A, such as for fire command, fire pump and generator). Provide such discussion in the written material and there will need to be some type of condition of approval in the Staff Report requiring the submission of a certain portion of the other hotel to be submitted for construction at the same time as the construction of the other hotel and for agreements or easements for cross access, fire sprinklers (?), trash, etc. Response No. 14: We suggest a condition of approval for Hotel B requiring the following before issuing a C.O. for Hotel B: (i) a C.O. be issued on Hotel A and (ii) recording of cross easements between Hotel A property and Hotel B property. Hotel A is self-sufficient with the exception of the trash enclosure described above. We suggest a condition of approval for Hotel A requiring an easement for the trash enclosure prior to C.O. Comment No. 15: Sheet C1.1 -Mixed Use Calculation table -Information is fuzzy and unreadable in areas (letters are dotted, not full letters). Replace this table with the table being provided to you (attached to email with Draft DRC comments). Response No. 15: NES -Please see revised Sheet C1.1 for the Mixed. Use Calculation Table as per your direction. Comment No. 16: 9/19/09 & 8/30/09 - WW Sheets A3 & A4 -Black and white elevations need to provide the following: a. Hotels A & B -Exterior wall, roof and awning materials; 11 b. Hotels A & B -Exterior colors indicated, such as through a legend (Color 1, Color 2, etc.); c. Hotels A & B -Dimension to midpoint of architectural embellishments unnecessary (remove); d. Hotels A & B - Provide a dimension from top of flat roof to top of architectural embellishments; e. Hotels A & B -Assumed that no stairwell or elevator overrun extends above the flat roof (??). If there is such, need to show; f. Need to indicate garage openings (typical); g. East elevation of Hotel B on A3 - Is there a parapet missing from either side of the center vertical wall architectural embellishment (above the drop-off zone)? and h. East elevation of Hotel B on A3 -Show the roll-up door for the trash room. Response No. 16: Acknowledged. Comment No. 17: 9/22/09-WW Need to sit down and go over where walls exist versus balconies. Floor plans and elevations are misleading as to locations of such. Need to properly show such in order to properly advertise the request. 8/26/09-WW Section 3-908.D only permits balconies to project a maximum of 24-inches from the face of the building (into a required setback). Dimension the depth of the balconies on the east, north and west sides of the building (based on architectural drawings on Sheet A2, it appears to be 5 and 6 feet in depth). Need to show such balcony projections on the site plan Sheet C3.1, with dimensions to the property lines. Will need to include in request for setback reductions if greater than Code maximums. Response No. 17: Acknowledged. Balconies on building B extend a maximum of 1'-8". Building A balconies are in line with the most distant portion of the building at the ground floor. Comment No. 18: 9/22/09-WW Case FLD2009-09036 has been submitted for the docks. Plans for this project need to show the fire risers. 8/26/09 - WW Reconstruction of docks for the existing hotels (as accessory to the hotels) approved under FLD2006-10054 has expired. When such redesigned docks are desired in the future, a new FLD application will be required to be submitted for CDB review. However, fire 12 risers for, and sidewalk access to, the existing and/or future docks are necessary to be shown on site plans for this application. Response No. 18: NES -Please see revised Sheet C5.1. Comment No. 19: 9/19/09 - WW Provide Shared Parking table on Sheet C1.1. 8/28/09-WW Sheet C1.1 -Need to provide a Shared Parking calculation table for combined Hotels A and B, per Section 3-1405. For calculation purposes, need to use the high numbers for Retail and Restaurant. Table will need to look like the table in Section 3-1405, but with the actual required number of parking spaces based on the number of required spaces for Hotel, Retail (high number) and Restaurant (high number). The highest number of spaces required, based on the Shared Parking calculation, should be 377 spaces for the Weekday, 6 pm to midnight column. Based on this Shared Parking calculation producing a total required parking for Hotels A and B of 377 spaces, and since provided parking is only 324 spaces (based on the architectural plans), a Parking Reduction Study is required (see comments on Parking Study). Response No. 19: NES -Please see Shared Parking table on Civil Sheet C1.1. Comment No. 20: 9122/09-WW Include as a condition of approval in the Staff Report. 8/30/09-WW There are blind spots for motorists traveling the garage and backing out of spaces. Need to address how conflicts will be addressed to aid motorists, such as mirrors, and show such on the plans. Locations include, but may not be limited to, the following: a. Level 1 -Potentially on both sides at the ramp for motorists on the ramp, for motorists crossing in front of the ramp and at the entrance; b. Levels 1, 2 & 3 -Both sides of the stairwell on the north side; and c. Levels 1, 2 & 3 -Both sides of the stairwell and elevators on the south side. Response No. 20: NES -Please see Civil sheet C3.2 Sight Triangle and Safety Traffic Plan for added safety features as per your direction; any additional features required will be provided prior to issuance of permit as per condition of approval. 13 Comment No. 21: Sheet C1.1 -Parking for Hotel B -Revise the Site Data for Parking Required - Should be "Per Shared Parking Calculation". Include the Shared Parking calculation table on Sheet C1.1. Response No. 21: NES -Please see revised Sheet C1.1. Comment No. 22: 9/22/09-WW Include as a condition of approval in the Staff Report: 8/7/09-WW Per CDC Section 3-911, must underground the existing overhead utilities along the east side of Hamden Drive for the site frontage. Response No. 22: Acknowledged. Comment No. 23: Case FLD2009-00036 has been submitted for the docks. Plans for this project need to show the fire risers for the docks. Response No. 23: NES -Please see revised Sheet C5.1. Comment No. 24: 9/22/09-WW The architect has provided calculations and percentages on Sheets A5 & A6 (not Sheet 12). However, the following does not comply with the provision below. Revise the elevations. to comply with the provision and revise the calculations: a. Hotel A -North - 57% b. Hotel A -West - 57% c. Hotel B -North -Provide calculations and percentages based on Levels 4-8 (not 0%); d. Hotel B -West - 54%; and e. Hotel B -South - 58%. Written material in Comprehensive Infill Redevelopment Project #6b indicates at least 60% is provided (not correct). Need to expound on HOW this proposal complies with this provision. 8/31109-WW Show compliance with Section C.3 of the Design Guidelines of Beach by Design: "At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. For the purpose of this standard, an elevation is that portion of a building that is visible from a particular point outside the parcel proposed for development." Provide the percentages on the elevations on Sheets A3 and A4 and a discussion of 14 such under Comprehensive Infill Redevelopment Project criteria #6b. Response No. 24: Acknowledged. Building elevations have been revised to achieve the minimum 60% requirement. See Sheet A5 and revised Exhibit "B". Comment No. 25: 9/22/09 & 8/7/9 - WW Show or indicate the location of all outdoor lighting fixtures. Response No. 25 Acknowledged. All Lighting fixtures shall be building mounted or installed in such a manner as to minimize or eliminate light spillage on to adjacent properties. NES -Note added to plans indicating all outdoor lighting to be attached to building. Comment No. 26: 9/21/09 & 8/31/09 - WW In accordance with the Development Agreement (see Planning comments for the DVA), "no more than 25% of overnight accommodation units shall have full kitchens. Such kitchens shall be limited to those units identified on the plans in Exhibit "B" as "suites" and shall not be located in any unit received from the Hotel Density Reserve." Indicate on the floor plans the units that will have full kitchens as "suites". Response No. 26: This requirement does not apply to the project as the project is not receiving units from the Destination Resort pool. Comment No. 27: Response to Comprehensive Infill Redevelopment Project criteria #4 -South -Need to address what is actually south of this proposed Hotel B. First sentence does not read properly. Response No. 27: See revised Exhibit "B." Comment No. 28: Response to Comprehensive Infill Redevelopment Project criteria #1 - a. Height -Include in the discussion the requested 84' to top of the flat roof; and b. Parking -Ensure the 301 spaces proposed is correct. Response No. 28: See revised Exhibit "B." There are 302 proposed parking spaces. Comment No. 29: Sheet A2 -Plans indicate balconies on three sides of the building where two units share a "common" balcony (most 15 likely separated by a wall or other barrier). The floor plans should show the separating wall or other barrier. The west elevation on Sheet A4 could have shorter balconies; so long as there is a minimum five-foot deviation in the linear facade (see other Planning comments). Revise the west elevation on Sheet A4 if balconies are proposed. Response No. 29: Acknowledged. Drawings refined and coordinated. See Architectural sheets. Comment No. 30: Sheets Al and A2 -Darken parking stripes (too light to read). Response No. 30: Acknowledged. Drawings refined and coordinated. See Architectural sheets. Comment No. 31: Sheets C3.1, C3.2, C4.1, C5.1 and L1.1 -Verbiage for the turn around areas for Hotels A and B are illegible. Can you make it readable? Response No. 31: NES -Acknowledged, see revised plans. Comment No. 32: Unclear if the parking garage will need to be mechanically ventilated. If required, need to show such ventilation on the elevation drawings. May need to include a condition of approval in the Staff Report to address such prior to issuance of the building permit. Response No. 32: Acknowledged. The parking garages are designed as an "open" parking structure and do not need mechanical ventilation. Comment No. 33: Civil Sheets C1.1 and C3.1 and architectural Sheets A.1 and A.2 are inconsistent regarding depicting the number of parking spaces in rows and in the total number of parking spaces attributable to Hotels A and B. Civil plans show/indicate a total of 301 spaces, whereas the architectural plans show/indicate a total of 302 spaces. Revise to show the parking spaces in a row consistently between plans and the number of spaces in each row, as well as the parking counts for each floor and the total number for each hotel. Ensure all written material in the application exhibits and .the Parking Demand Study are correct. 16 Response No. 33: NES -Please see revised documentation from Civil, Architect and Traffic Engineer, all information is now consistent. Comment No. 34 Sheets C2.1, C3.1, C3.2, C4.1, C5.1 and L.1.1 -Information within the rights-of-way and on adjacent property is unreadable (dots, not full letters and numbers). Make readable. Response No. 34: NES -Acknowledged. Please see revised plans. Comment No. 35: Reduced scale (8.5"x11") landscape plan Sheet L1.1 - Suggest black and white rather than colored, as the colors do not read. Response No. 35: Acknowledged. Comment No. 36: Condition of approval to be included in the Staff Report: That, prior to issuance of a Certificate of Occupancy, a hurricane evacuation plan for all guests be submitted and approved by the City. Response No. 36: The proposed development agreement includes a provision requiring the hurricane evacuation plan. Comment No. 37: Condition of approval to be included in the Staff Report: That application fora building permit to construct the approved project be submitted no later than xx, 2011, unless time extensions are granted pursuant to CDC Section 4-407. Response No. 37: Acknowledged. Comment No. 38: Condition of approval to be included in the Staff Report: That the final design and color of the buildings be consistent with the elevations approved by the CDB. Response No. 38: Acknowledged. Comment No. 39: Condition of approval to be included in the Staff Report: That any freestanding sign be a monument-style sign, be designed to match the exterior materials and color of the building and be a maximum height of four feet, unless approved at six feet high through a Comprehensive Sign Program. 17 Response No. 39: Acknowledged. Comment No. 40: Condition of approval to be included in the Staff Report: The books and records pertaining to use of each hotel room be open for inspection by authorized representative of the City, upon reasonable notice, in order to confirm compliance with the Hotel Density Reserve criteria of Beach by Design as allowed by general law. Response No. 40: Acknowledged. Comment No. 41: Condition of approval to be included in the Staff Report: That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits. Response No. 41: Acknowledged. Comment No. 42: Condition of approval to be included in the Staff Report: That all Parks and Recreation fees be paid prior to the issuance of any permits. Response No. 42: Acknowledged. Comment No. 43: Condition of approval to be included in the Staff Report: That prior to issuance of any permit, all requirements of General Engineering, Stormwater Engineering, Traffic Engineering and the Fire Department be addressed. Response No. 43: Acknowledged. Comment No. 44: Condition of approval to be included in the Staff Report: That approval of this Flexible Development case is subject to the approval of a Development Agreement with the City (Case DVA2009-00002). Response No. 44: Acknowledged. Comment No. 45: Condition of approval to be included in the Staff Report: That, prior to issuance of a Certificate of Occupancy, a hurricane evacuation plan for the hotel and accessory docks be submitted and approved by the City for all guests of the hotel. Response No. 45: The proposed development agreement includes a provision requiring the hurricane evacuation plan. It is not necessary to add a condition of approval to the development order. 18 Comment No. 46: Colored Sheet A3 -Area for the compactor dumpster is different than the black and white version of Sheet A3. Revise to be consistent. Response No. 46: Acknowledged. OTHER: No Comments 10/16/2009 10:42 AM 50593.117498 #504071 v1 - DiGiovanni/HotelB/Resp. to 10/1 DRC 19 Tropicanna Resort Motels Building Area /Accessory Uses Comparison Accessory Area Ratios for Tropicana Hotel Ground Floor Parking L2 Parking L3 Level 4 Level 5 Level 6 Level 7 Level 8 Total Accessory Percentage. Building A Hotel 7,354 449 5491 14,869; 14,869 14,869 14,869 14,869 82,697 Accessory Uses 4,520 1,060 5,580 6.7% Building B Hotel 7,220 3,530 3,973 16,239 16,239 16,239 16,239 79,679 Accessory Uses 1,335 670 2,005 2.5% 10/15/2009 ,~ Clearwater Fire & Rescue ' Clearwater 610 Franklin Street- Clearwater, Florida 33756 Public Works Administration -Engineering Department ~ 100 S. Myrtle Avenue, Suite 200-Clearwater, Florida 33756 FIRE FLOW & HYDRANT WORKSHEET (Revised 03/29/2006) This worksheet is required to be submitted to and approved by the Authority Having Jurisdiction (AHJ) priorto DRC meeting for any project that is more than 3 stories or more than 30 feet in height above the lowest Fire Dept vehicle access point or for any other project that will require an Automatic Wet Standpipe System and/or Fre Pump before any permitsfor new building construction, building expanson or fire hydrantswill beissued by the City of Clearwater. Information and design must comply with Florida Building Code, Chapter 9 -Fire Protection Systems, Florida Fire Prevention Code to indude applicable NFPA Code (NFPA 1, 13, 13D, 13E, 13R, 14, 15, 20, 291 and 1142 Annex H) and AVWVA M-17 -Installation, Field Testing and Maintenance of Fre Hydrants. PROJECT INFORMATION Project Name: Tropicana Resort Hotels - Hotel Building "B" Project Address: Coronado Ave. & 3rd Street, Clearwater Beach, FL GENERAL WATER SYSTEM INFORMATION Location of Nearest Fire Hydrant Coronado Drive & 3rd Street Hydrant#: 32 Size of WaterMain Supplying Flre Flow: 6" Looped System or Dead End WaterMain? Looped Static: 74 psi Residual: 56 psi Pitot: Distance of Test Gauges Relative to the Base of the Poser: Horizontal Hydrant Test Conducted by: City of Clearwater (Include/Attach Copy of Actual Test Sheet) NFPA HAZARDCLASSIFICATION Ari?a # 1-Parking Garage 2-Retail 3-Restaurant 4-Hotel Classification Ordinary, Grp.l Light Light Light Attac h A dditio na! Sheets i(Necess ary 47 psi Flow: 1160 gpm 100 Ft. Vertical Elevation 2 Ft. Description of Hazard Protected (ComrradityDescription, Storage Height andArrangemenf, ifapplicabre) N/A N/A N/A N/A o--~. _--, , .-- ~ DESIGN PARAM ETERS Area # System Type Area (sq. ft.) Density (gpm'ft) Inside Hose (gpm) Outside Hose (gpm) 1 Wet Pipe 1,500 0.15 100 250 2 Wet Pipe 1,500 0.10 100 100 3 Wet Pipe 1,500 0.10 100 100 4 Wet Pipe 1,500 0.10 100 100 Standpipes (2 Stair to wers; 500 gpm for 1st stair plus 250 gpm each additional) Attach Additional She ets if Necessary Total Needed Fre Row (N.F.F.) 750 gpm (Standpipes) Is Existing System Supply Suffident to Meet N.F.F. Above? No x Yes CODES AND STANDARDS System Cotrponent Applicable NFPA Standard /Year Edition and OtherApplicable Codes or Statutes Wet Pipe Spklr. System NFPA 13 / 2002 Class 1 Standpipe NFPA 14 / 2003 Fire Service Main NFPA 24 / 2002 Fire Pump _ NFPA 20 / 2003 Attach Additional Sheets if Necessary If Project IndudesFire Pump, Supply the Following: Fire Pump Information: Pump Capacty: 750 gpm Chum Pressure 180 psi Rated Pressure: 15o p~ Pressure @ 150% Flow: 97.5 py On-Site Storage Tank Capacity (?): N/A PREPARER/ SPECIFIERINFORMATION PreparerName: Joseph H. Griner, III Company Name: Griner Engineering, Inc . Mailing Address: 1628 First Avenue North City: St . Petersburg State: Florida Zip: 33713 Phone: 727-822-2335 Fax: 727-821-3361 ~,~- _ ~. ADDITIONAL INFORMATION REQUIRED Fire Prevention Itemsto be Addressed Prior to DRC Approval: 1. Provide Fire Flow Ca~ulations /Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water suppy 's available and to determine ~ arry upgrades are required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/orf ire pump. If a fire pump is required, the water supply must be able to suppy 150% of ds rated capacity. Compliance with the 2004 Florida Fire Prevention Code to include NFPA 13, NFPA 14, NFPA 20: NFPA 291, and NFPA 1147_ (Annex H) 's required 2. When an FDC 's required, ~ shall be a mininum aF 15 feetfrom building and shall have a fire hydrarR within 40 feet This hydrant shall not be located on the same main as the Fire Sprinkler and must be on the supply side of a double detector check valve. This hydrant is in addition to the hydrant that 's required for fir~ighting purposes that is to be within 300 feet of building, as the hose lays, and on the same side d the street as the project 3. Provide and show on the plan a minimtxn 30~fioot turning radius for emergency vehicle ingress and egress at all entrances and exits. 4. Provide and show on the s'te plan 24 feet of width at drrveways /drive aisles for emergency vehicle ingress and egress for front and rear parking lots. Where driveway s are split by an island with one-way traffic, each side d the Bland shall prw ide and show on the site plan 20feet of width at the driveways on each side of the island 5. Provide a Fire Department access roadway (with turn-around, Y, T or cuI-de~ac) in accordance with NFPA 1. A Fire Department access roadway must have 24-foot clear width and 14-foot veriical clearance, and be capable of supporting the weight of Fire Departmer# vehicles (80,OOOIbs). r> „.~ -~ °,_~ c•. ,' o Planning. Department #~~ 100 South Myrtle Avenue _ 4 Clearwater, Florida 33756 ~, Telephone: 727-562-4567 Fax: 727-562-4865 O SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ^ SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION -Plans and application are required to be collated, stapled, and folded into sets ^ SUBMIT FIRE PRELIMARY SITE PLAN: 5200.00 ^ SUBMIT APPLICATION FEE CASE #: RECEIVED BY (staff initials): DATE RECEIVED: * NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED__((A~PPLICATIONS PLUS SITE PLAN SETS) HC~i'EZ B - 316 HANIDEN FLEXIBLE DEVELOPMENT APPLICATION Comprehensive Infill Redevelopment Project (Revised 07/11/2008) PLEASE TYPE OR PRINT A. APPLICANT, AGENT (Code Section APPUCANTNAME: Tropinana Res:ort•Motels, L.L.C., a Fla. limited liability company MAILING ADDRESS: 2245.Nortli McMullen Booth. Road, Clearwater, FL 33759 PHONE NUMBER: 72 7- 79 7-89 72. FAX NUMBER: 72 7- 79 7-89 2 8 CELL NUMBER. EMAIL: PROPERTY OWNER(S): -----~ ----------- ---_____._. _... .,.,.. (:o-Trustees of the Tropicana Resort Land Trust; UstALLownersonthedeed Flamingo Bay Condominium Developers,. LLC AGENT NAME- °` '"` v"~ '~ 'i +' u.~a ii • ohnson, ope, Bo off, ppe urns, LLP MAILING ADDRESS: 911 Chestnut Street, Clearwater, FL 33756 PHONE NUMBER: 727-461-1818 FAX NUMBER: 727-462-0365 CELL NUMBER: EMAIL: PROJECT NAME: STREET ADDRESS PARCEL NUMBER(S): PARCEL SIZE (acres): LEGAL DESCRIPTION: PROPOSED USE(S): Tropicana•Resort Motels, L.L.C. Hotel B PROJECT VALUATION: $8,500,000 See Exhibit "A" attached for street address, parcel numbers and legal description. 0.820 acre PARCEL SIZE (square feet): 35,730.06 sq, ft. See Exhibit "A" attached. 118 overnight accommodation units and. 1,335 sq. ft. retail ~ DESCRIPTION OF REQUEST: Spedfically identify the request ~ (indude number of units or square footage of non-residential use and all requested code deviations; e.g. reduction in required number of parking spaces, spedfic use, etc.) See Exhibit "B" attached. C:\Documents and Settings\derek.fergusonlDesktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 1 of 8 DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RI~HTS (TDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable documents) C. PROOF OF OWNERSHIP: (Code Section 4-202.A.5) ^ SUBMIT A COPY OF THE TITLE INSURANCE POLICY, DEED TO THE PROPERTY OR SIGN AFFIDAVIT ATTESTING OWNERSHIP (see Page ~ D. ^ 1. WRITTEN SUBMITTAL REQUIREMENTS: (Code Section 3-913.A) Provide complete responses to the six (6) GENERAL APPLICABILITY CRITERIA -Explain how each criteria is achieved, in detail: The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. See Exhibit "B" attached for responses to General Applicability Criteria 1 through 6. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, inGuding visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. C:\Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc ' Page 2 of 8 WRITTEN SUBMITTAL REQUIREMENTS: (Comprehensive Infill Redevelopment Project Criteria) ^ Provide complete responses to the six (6) COMPREHENSIVE INFILL REDEVELOPMENT PROJECT CRITERIA -Explain how each criteria is achieved, in detail: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. See Exhibit "B" attached for responses to .Comprehensive Infill Redevelopment Project Criteria t roug 2. The development or redevelopment will be consistent with the goals and policies of 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 development and improvement of surcounding properties. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighbofiood; 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. . 6. Flexibility with regard to use, lot width, required setbacks, height" and off-street 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, visualty 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 textun:s; ^ Distinctive fenesVation patterns; ^ Building stepbadks; and ^ Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. C:1Documents and Set6ngs\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 3 of 8 E. STORMWATER PLAN SUBMITTAL REQUIREMENTS: (City of Clearwater Storm Drainage Design Criteria Manual and 4-202.A.21) ^ A STORMWATER NARRATIVE MUST BE SUBMITTED WITH ALL APPLICATIONS. All applications that involve addition or modification of impervious surface, including .buildings,. must include a stormwater plan that demonstrates compliance with the City of Clearwater Storm Drainage Design Criteria manual. A reduction in impervious surface-area does not qualify as an exemption to this requirement. ^ If a plan is not required, the narrative shall provide an explanation as to why the site is exempt. ^ At a minimum, the STORMWATER PLAN shall include the following; ^ Existing topography extending 50 feet beyond all property lines; ^ Proposed grading including finished floor elevations of all structures; ^ All adjacent streets and munidpal storm systems; ^ Proposed stormwater detention/retention area including top of bank, tce of slope and outlet control structure; ^ A narrative describing the proposed stormwater control plan including all calculations and. data necessary to demonstrate compliance with the City manual ^ Proposed stormwater detention/retention area including top of bank, toe of slope and outlet control structure; ^ Signature and seal of Florida Registered Professional Engineer on all plans and calculations. ^ COPY OF PERMIT INQUIRY LETTER OR SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (SWFWMD) PERMIT SUBMITTAL (SWFWMD approval is required prior to issuance of City Building Permit), if applicable ^ ACKNOWLEDGEMENT OF STORMWATER PLAN REQUIREMENTS (Applicant must initial one of the following): X Stormwater plan as noted above is included Stormwater plan is not required and explanation narrative is attached. At a minimum, a grading plan and finished floor elevations shall be provided. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A STORMWATER PLAN AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562-4750. . F. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Code Section 4202.A) ^ SIGNED AND SEALED SURVEY (including legal description of property) -One original and 14 copies; ^ TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by spedes, size (DBH 4` or greater), and location, including drip lines and indicating trees to be removed) -please design around the existing trees; ^ TREE INVENTORY; prepared by a "certified arborist`, of all trees 4° DBH or greater, reflecting size, canopy (drip lines) and condition of such trees; ^ LOCATION MAP OF THE PROPERTY; ^ PARKING DEMAND STUDY in conjunction with a request to make deviations to the parking standards (ie. Reduce number of spaces). Prior to the submittal of this application, the methodology of such study shall be approved by the Community Development Coordinator and shall be in accordance with accepted traffic engineering prindples. The findings of the study will be used in determining whether or not deviations to the parking standards are approved; ^ GRADING PLAN, as applicable; ^ PRELIMINARY PLAT, as required (Note: Building permits will not be issued until evidence of recording a final plat is provided); ^ COPY OF RECORDED PLAT, as applicable; C:\Documents and Settingslderek.ferguson\Desktoplplanning dept forms 07081Comprehensive Infill Project (FLD) 2008 07-11.doc Page 4 of 8 G. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) ^ SITE PLAN with the following information (not to exceed 24" x 36'x: Index sheet referencng individual sheets incuded in package; North arrow; Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; All dimensions; Footprint and size of all EXISTING buildings and structures; Footprint and size of all PROPOSED buildings and structures; All required setbacks, All existing and proposed points of access; All required sight triangles; Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and spedmen trees, inducting description and location of understory, ground cover vegetation and wildlife habitats, etc; Location of all public and private easements; Location of all street rights-of--way within and adjacent to the site; Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas and water lines; All parking spaces, driveways, loading areas and vehicular use areas; Depiction by shading or crosshatching of all required parking tot interior landscaped areas; Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per Section 3-201(D)(i) and Index #701 }; Locaton of all landscape material; Location of all onsite and offsite storm-water management faclitfes; Location of all outdoor lighting fixtures; Location of all existing and proposed sidewalks; and Floor plan typicals of buildings for all Level Two approvals. A floor plan of each floor is required for any parking garage requiring a Level Two approval: ^ SITE DATA TABLE for existing, required, and proposed development, in writtenttabular form: EXISTING REQUIRED PROPOSED Land area in square feet and acres, _ Number of EXISTING dwelling units; Number of PROPOSED dwelling units; . Gross floor area devoted to each use; Parking spaces: total number, presented in tabular form with the number of required spaces; Total paved area, including all paved parking spaces 8 driveways., expressed in square feet & percentage of the paved vehicular area; Offical records book and page numbers of all existing utility easement; Building and stNcture heights; Impermeable surtace ratio (I.S.R.); and Floor area ratio (F.A.R.) for all nonresidential uses. ^ REDUCED COLOR SITE PLAN to scale (8'/z X 11); ^ FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: One-foot contours or spot elevations on site; Offsite elevations if required to evaluate the proposed stormwater management for the parcel; All open space areas; Location of all earth or water retaining walls and earth berms; Lot lines and building lines (dimensioned); Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs, C:1Documents and Settingslderek.ferguson~Desktoplplanning dept forms 07081Comprehensive Infill Project (FLD) 2008 07-11.doc Page 5 of 8 H. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ^ LANDSCAPE PLAN with the following information (not to exceed 24' x 36'x: All existing and proposed structures; Names of abutting streets; Drainage and retention areas inGuding swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas inGuding landscaping islands and curbing; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including driplines (as indicated on required tree survey); Location, size, and quantities of all existing and proposed landscape materials, indicated by a key relating- to the plant schedule; Plant schedule with a key (symbol or label) indicating the size, description, specifications, quantities, and spaang requirements of all existing and proposed landscape materials, inGuding botanical and common names; Typical planting details for trees, palms, shrubs and ground cover plants inGuding instructions, soil mixes, backfilling, mulching and _ protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and percentage covered; Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board); Irrigation notes. ^ REDUCED COLOR LANDSCAPE PLAN to scale (8 %: X 11); ^ COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. Landscape assoaated with the Comprehensive Landscape Program shall exceed minimum Code requirements to offset the areas where minimum Code will not be met. I. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23) O BUILDING ELEVATION DRAWINGS -with the following information: All sides of all buildings Dimensioned Colors (provide one full sized set of colored elevations) Materials ^ REDUCED BUILDING ELEVATIONS -same as above to scale on 8'/, X 11 J. SIGNAGE: (Division 19. SIGNS /Section 3-1806) ^ All EXISTING freestanding and attached signs; Provide photographs and dimensions (area, height, etc.), indicate whether they will be removed or to remain. O All PROPOSED freestanding and attached signs; Provide details including location, size, height, colors, materials and drawing; freestanding signs shall inGude the street address (numerals) ^ Comprehensive Sign Program application, as applicable (separate application and fee required). ^ Reduced signage proposal (8'/~ X 11) (color), if submitting Comprehensive Sign Program application. C:\Documents and Settings\derek.fergusonlDesktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 6 of 8 K. TRAFFIC IMPACT STUDY: (Section 4-202.A.13 and 4801.C) ^ Included required by the Traffic Operations Manager or his/her designee or if the proposed development: Will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan. Will generate 100 or more new vehice directional trips per hour and/or 1000 or more new vehicle trips per day. Will affect a nearby roadway segment and/or intersection with five (5) reportable accidents within the prior twelve (12) month period or that is on the City's annual list of most hazardous intersections. Trip generation shall be based on the most recent edition of the Institute of Transportation Engineers (ITE) Trip General Manual. The Traffic Impact Study must be prepared in accordance with a "Scoping Meeting" held with the Traffic Operations Manager and the Planning Department's Development Review Manager or their designee (727-562-4750) Refer to Section 4-801 C of the Community Development Code for exceptions to this requirement. ^ Acknowledgement of traffic impact study requirements (Applicant must initial one of the following): X Traffic Impact Study is incuded. The study must incude a summary table of pre- and post-development levels of service for all roadway legs and each fuming movement at all intersections identified in the Scoping Meeting. Traffic Impact Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FOR A TRAFFIC IMPACT STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Public Works Administration Engineering Department at (727) 562- 4750. L. FIRE FLOW CALCULATIONS/ WATER STUDY: Provide Fire Flow Calculations. Water Study by a FIRE PROTECTION ENGINEER to assure an adequate water supply is available and to determine if any upgrades an: required by the developer due to the impact of this project. The water supply must be able to support the needs of any required fire sprinkler, standpipe and/or fire pump. If a fire pump is required the water supply must be able to supply 150°k of its rated capacty. Compliance with the 2004 Florida Fire Prevention Code to incude NFPA 13, MFPA 14, NFPA 20, NFPA 291, and MFPA 1142 (Annex H) is required. ^ Acknowledgement of fire flow calculations/water study requirements (Applicant must initial one of the following): G~~ X Fire Flow Calculations/Vllater Study is incuded. ~ Fire Flow Calculations/Vllater Study is not required. CAUTION - IF APPLICATION REVIEW RESULTS IN THE REQUIREMENT FORA FIRE FLOW CALCULATIONS/ WATER STUDY AND NONE HAS BEEN SUBMITTED, APPLICATION MUST BE RESUBMITTED AND SIGNIFICANT DELAY MAY OCCUR. If you have questions regarding these requirements, contact the City Fire Prevention Department at (727) 562-4.334. M. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photogra the property described in this application. E Sig~atur~of property owne~~r fepresentative rms r ng STATE OF FLORIDA, COUNTY OF PINELLAS Swom to and subscribed before me this r?^'8ay of July , A.D. 20 to me and/or by E. D. Armstrong III. ,who is personallyknown» ~Q017~IC8IIfCXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ~/~ ~~~ Q I /ten w„ ~r tee/ Ci , expires: ~- ~ -;* Commission # DD448633"~ Oonera Trov r<rgi • Inwrenea Mt 9odo~rbsn~~ C:1Documents and Settings\derek.ferguson\Desktop\planning dept forms 0708\Comprehensive Infill Project (FLD) 2008 07-11.doc Page 7 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provide names of all property owners on deed -PRINT full names: FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida. limited liability company 2. That (1 am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): Parcel No. 08/29/15/17604/000/0030 3. That this property constitutes the property for which a request for a: (describe request) Flexible development application for comprehensive infill rP~ievelQ~,~t project 4. That the undersigned (has/have) appointed and (does/do) appoint: E, D. ARMSTRONG IZI, ESQUIRE and JOHNSON, POPE, BOKOR, RUPPEL~& BURNS, LIP,` 911 Chestnut Street, Cleazwater, FL..33756 as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to~induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (Ihve), the undersigned authority, hereby certify that the foregoing is ~ e ~~t.~Y ~~ D~OP~S , LLC a Fla. Std liabilit c an Property Owner ~ P erty Owner , ., - By: R , r............~. er Property Owner s _r1~~ ~,~r~osals~~ Agostino DiGiovanni, Pre ident Expiresy18f2011 STATE OF FLORIDA, COUNTY OF PINELLAS 'a~` i":."..:t~c'i<ryAssn..lrc i r--.'~\ '9'199999999t99999999tT~ -- Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of Jul_~_ , 2009 personally appeared ~~jnp Dl i OV rnii ~ ~` who having been first duly sworn Deposes and says that he/she fully understands the contents of the affidavit that he/she signed. *as Px'esa.dent .of FI~AM7N(~ BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company Notary Public Siyna~t/~re Notary Seal/Stamp Commission Expires: ~ "` ~ O ~f C:1Documents and Settingslderek.ferguson\Desktoplplanning dept forms 07081Comprehensive Infill Project (FLD) 2008 07-11.doc Page 8 of 8 N. AFFIDAVIT TO AUTHORIZE AGENT: 1. Provitle names of all property owners on deed -PRINT foil names: AGOSTINO Di~IOVANNI, JOHN OONTI and FRANCESCO GPRRIERA, CO-TRUSTEES OF 7HE 2. That (I am/we are) the owners and record title holders of the following described property (address or general location): Parcel Nos. 08/~~/15/i7604/000~0010 08/29/15/17604/000/0020 3. That this property constitutes the property for which a request for a: (describe request) Flexible development application far comprehensive infill redevelot~ment project 4. That the undersigned (hasRiave) appointed and (does/do) appoint: E. D. ARMSTRONG III, ESQUIRE and JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP, 9.ll Chestrnit Street, Clearwater, FL 3375b as (his/their) agent(s) to execute any petitions or other documents necessary io affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. ~_. That e), unde 'gned authority, hereby certify that the foregoing is true and correct. ! , GO , ~ GI~ ;r0eb0- USTEE* JOi~? NTH P(X~eT~iUSTEE~ .. .4.....^. ~-^~ . . ...... O~ pgr~_s~US~y~ Property Owner 551°' _~~Y _= Explres?J18/Z011 .STATE OF FLORIDA, r ry. ~~~ Flcd,.s Kota psi„ q,c : COUNTY OF PtNELLAS ~ 41~q~~ ry w w^^.....^.^^^..^.^^.^^^^^^^~^numouun ~ Before me the undersigned; an officer duly commissioned by the laws of the State of Florida,.on this ~ day of July 2009 Agostino DiGiovaz>ni, John ~it~ end ll a d ppeare _ persona y ~ r...Y,,., ,.~ n_ m._N! aw een first duly sworn ~r-~teecc., .~..~~~~zu5~eesr~& Deposes and says that he/she fully understands the wntents of the affidavit that he/she signed. ^~DF `II3E TROPICANA RESORT LAND TRUST Notary Pubiic Signature Notary Seal/Stamp My Commission F~cpires: p`~ - / g - l r C:\Documents and Settings\derek.ferguson\Desktoplplanning dept forms 0708\Comprehensive infill Project (FLD) 2008 07-11.doc Page 8 of 8 ' EXHIBIT "A" Page 1 of 2 (Hotel B) Parcel No. Street Address Portion of 08/29/15/17604/000/0020 316 Hamden Drive 08/29/15/17604/000/0030 326 Hamden Drive EXHIBIT "A" Page 2 of 2 HOTEL "B" Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot lA, COLUMBIA SUBDIVISION NO. 3, according to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of--way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06°45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06°57'14" W, 61.00 feet; thence S 09°04'50" W, 23.34 feet; thence N 81°44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07°08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84°27'30" E, along the North boundary of said Lot 1, said line also being the South right-of--way line of Third Street, 110.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECT Tropicana Resort Motels, L.L.C. 316 Hamden -Hotel B Section B. Description of Request Request The Applicant, Tropicana Resort Motels, L.L.C., proposes to redevelop the property with a 118-unit hotel, including 79 units from the Beach by Design Hotel Density Reserve, with 1,335 square feet of retail area. The subject property is an aggregate of 0.820 acre comprised of several lots located on the west side of Hamden Drive south of Third Street. Specifically, the Applicant requests flexible development approval to permit (i) 118 overnight accommodation units and (ii) 1,335 square feet of retail use in the Tourist (T) District, which includes an increase in density of 79 overnight accommodation units from the Beach by Design Hotel Density Reserve, with a. a Lot Area of 35,730.06 square feet; b. a Lot Width of 312 feet on Hamden Drive; c. a maximum height (above BFE) of 84' to roof deck and 99.5' to top of architectural embellishments; d. a front (east) setback along Hamden Drive of 10.4' to building, 9.3' to column and 11' from property line to drop-off zone; e. aside (south) setback of 10' to building; f. aside (north) setback (adjoining parking garage) of 0' to building; g. a rear (west) setback of 0' (to adjoining Hotel A Building) and10.7' to building (Hotel B); h. Flexibility to minimum standards for sight visibility triangles on Hamden Drive; i. 120 parking spaces; and j. Approval of a two-year development order; as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C of the Code. Simultaneously with this request, the applicant has submitted (i) a Development Agreement application seeking approval of a proposed Development Agreement setting forth the terms of the project's use of 79 rooms from the Beach by Design Hotel Density Reserve; and (ii) a flexible development application for a comprehensive infill redevelopment project and development agreement application seeking approval of a 142-unit hotel ("Hotel A") which is proposed to be located adjacent to the northerly boundary of the subject property and to share a parking garage with the proposed project, as shown on the site plan. Hotel A and Hotel B share certain support facilities which are located on the Hotel A property, including: (i) driveway to Hamden Drive; (ii) ramps to Levels 2 and 3 parking; and (iii) access to Hotel B parking. This can be addressed by a condition of approval that prior to issuance of a certificate of occupancy for Hotel B, (i) Hotel A must be issued a certificate of occupancy and (ii) appropriate cross-easements serving the Hotel B property must be recorded. HistOrV The property was the former site of 50 overnight accommodation units, some of which are located at the Sandman Motel and some of which have previously been demolished to accommodate a parking lot. The subject property and the parcel on which Hotel A is proposed are under the same ownership control. The applicant proposes to demolish all existing structures on the site. The property is located within the area designated by Beach by Design as the "Small Motel District." Proposed Use The proposed 118-unit hotel will be amid-priced hotel operated by a nationally known chain which- will be an extended-stay or suite hotel. At this time, the Applicant cannot disclose the hotel flag as negotiations are not completed; however, the term "mid- priced" is intended to indicate that this will be a reasonably priced hotel for a family beach vacation-one with a more affordable pricing than a resort hotel such as the Sandpearl or the Hyatt. The proposed 1,335 square feet of retail space will be located on the ground floor facing Hamden Drive and easily accessible to pedestrians. 2 Section D. Written Submittal Requirements General Applicability Criteria: 1) The proposed development of the land will be in harmony with the scale, bulk, coverage, density and character of adjacent properties in which it is located. The subject property includes small "water lots" on the easterly side of Hamden which provide docks that will serve the property, so the easterly frontage is open to the water. The bulk, coverage and density of other properties in the neighborhood located to the west, north and south are varied. The new Hyatt Aqualea at 150' in height and with minimal setbacks is located across Coronado Drive immediately west of the Hotel A property. North of the Aqualea and northwest of the subject property is the site of the proposed 450-unit hotel at 100 Coronado (Kiran Patel project), which is approved at 150' in height, and is currently a parking lot. South of the Aqualea, are Britt's restaurant and shops (two stories) and the Beachview Inn (4 stories), both of which are .significantly set back from Coronado. Immediately north of the Hotel A property across Third Street is the Sunrise Motel, an older two-story motel. The southerly portion of the same block on which the subject property is located is a mixture of older motels, efficiencies, retail and office uses, none of which exceed two stories. Amid these varying uses and sizes, the proposed 7-story Hotel A and 8-story Hotel B will be an appropriate transition stepping down toward Hamden and the water from the 150' high Hyatt Aqualea on Coronado. The subject hotel and Hotel A both will have adequate setbacks from the rights-of--way, some greater than other existing buildings in the neighborhood. The closest residential area to the site is located on Devon Drive, which is to the northwest, approximately one block north off Hamden. Devon Drive is a residential street which is occupied by various size and age one and two-story homes. Devon is a finger which runs perpendicular to Hamden and as such, all residences on the north side of Devon enjoy a northerly waterfront view and view of the causeway and will not view the proposed project. From the residences on the south side of Devon Drive, the proposed hotel will be viewed across the waterway, which will lessen the impact, as will the tiered effect when viewing the proposed 82' hotel with the 150' Hyatt Aqualea in the background. 2) The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. The proposed project will enhance this area of the beach in a number of ways, including: 3 (1) Family-affordable hotel accommodations on Clearwater Beach, which include adequate parking, will meet a current need of the City. (2) Updated architectural design and landscaping will significantly enhance this block between Coronado and Hamden, which currently has no newly renovated structures and very little landscaping on the entire block. (3) New construction will meet current building codes. (4) The property value will significantly increase. (5) A nationally-recognized hotel chain will attract guests who become clientele for Beach restaurants, concessions and retail businesses. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. With regard to health, safety and .welfare, the proposed development and structure will comply as required with applicable codes including the Florida Building Code, the Life Safety Code and the Florida Fire Prevention Code. The provision of adequate parking for the entire project on the site, including adequate stacking space and loading area, will eliminate possible traffic congestion at the site and eliminate potential off-site parking in public lots. The parking is designed to accommodate guests and employees, as well as provide adequate space for taxis and airport shuttles. Street level retail, as well as new sidewalk installation and appropriate buffered trash collection areas will improve current conditions and pedestrian flow on the westerly side. of Hamden. Through the shared parking garage and cross easements with Hotel A, the proposed hotel will have access to Coronado Drive. 4) The proposed development is designed to minimize traffic congestion. A traffic impact study prepared by Gulf Coast Consulting, Inc. ("Traffic Study") is included in this submittal. The Traffic Study confirms that acceptable levels of service will be maintained on all adjacent roadways and at nearby intersections. The Applicant proposes a parking garage which will be shared with Hotel A and will contain a total of 302 parking spaces. A Parking Reduction Study prepared by Gulf Coast Consulting, Inc. ("Parking Study") is included in this submittal. The Parking Study concludes that the proposed 302 parking spaces will easily accommodate the needs of employees and guests of the proposed hotels at full occupancy. Adequate parking will insure that traffic will flow smoothly at the entry portico on Hamden Drive and the secondary parking garage entrance/exit on Coronado. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 4 The proposed hotel project is an appropriate transition for this location, as the site is located amid the larger resort hotels to the west, marina area to the north, water to the east and smaller motels to the south. As the proposed project is intended to be a nationally known chain with mid- range prices it will meet the needs of the City to provide affordable family accommodations on the beach. 6) The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The proposed redevelopment project will improve the visual appeal of the property as viewed from the causeway and the roundabout entrance to the beach. The architectural style integrates a Mediterranean design which is appropriate and aesthetically pleasing for this waterfront property. As previously discussed, adequate parking on the site will keep vehicles off of the street, which will minimize congestion and encourage pedestrian traffic to and from the proposed hotel to the beach, the Pier 60 district to the north and/or other retail uses to the south. The proposed trash collection area is screened at the grade level so as not to impact passersby. Comprehensive Infill Redevelopment Project Criteria: 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district. The proposed deviations from Code, which are discussed in detail below, are necessary and minimal in order to redevelop the site with the Hotel Density Reserve units. Certain site deviations are necessary in order to accommodate the restoration of mid-priced hotel rooms as envisioned by Clearwater Ordinance No. 7925-08. The Applicant has designed the proposed redevelopment project to comply with Beach by Design guidelines to the fullest extent possible, including breaks in the facade with balconies, variations in color and Mediterranean details, as well as tropical landscape buffers. The proposed hotel redevelopment of this site meets the City's vision of adding mid-priced hotel rooms to Clearwater Beach. Setbacks The project is designed to provide a minimum of 10' building setbacks on all sides except for the north which is to adjoin Hotel A. The relief sought from setbacks is required to accommodate a zero setback on the north in order to connect the project to Hotel A to allow a shared parking garage. A shared 5 parking garage enables the applicant to provide a greater number of parking spaces than two garages as fewer driveways and ramps are necessary. The shared parking also eliminates congestion with shared ingress/egress drives on Coronado and Hamden. Height The Tourist District allows a minimum standard height of 35' (approximately 3 stories). The proposed height of 84' to the top of the flat roof allows the building to be set back from the right-of--way and the provision of landscaping creating a pedestrian friendly environment which does not currently exist at this location. The proposed project will have a base element of three stories which includes retail, restaurant, lobby and parking. An additional 5-story tower element will be above the base pedestal. The property to the west of Hotel A is the new Aqualea, which is 150' in height. The requested height of 99.5' to top of the architectural embellishment for enhanced parapets for visual interest is an appropriate step down as you move east across Coronado and as the beach skyline is viewed from the causeway and roundabout. Parking As previously discussed, the Parking Reduction. Study confirms that the proposed 302 parking spaces will accommodate the needs of employees and guests of both hotels at full occupancy. Adequate parking will insure that traffic will flow smoothly at the entry portico on Hamden Drive and the secondary parking garage entrance/exit on Coronado. Sight Visibility Triangles As to the applicant's request for flexibility with regard to sight visibility triangles on Hamden, the applicant proposes to install safety measures (such as mirrors and signage) to insure adequate visibility for the safety of motorists and pedestrians entering and exiting the garage. Two-Year Development Order The Applicant requests atwo-year development order due to market conditions. 2. The development or redevelopment will be consistent with the goals and policies of 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. Overnight accommodations are allowed in the "Tourist" zoning district. Primary uses in the "Resort Facilities High" land use category are "high density residential/overnight accommodation." 6 3. The. development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. The proposed .project is compatible with the neighborhood, as is more particularly discussed in General Applicability Criteria 1 and Comprehensive Infill Criteria 4 below, and will not impede other development. The improvement of the site may encourage renovation or redevelopment of some of the smaller sites on the block. The portion of the building adjoining the neighboring parcel to the south is set back 10' and the entire setback area is landscaped. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. East. The easterly boundary of the property adjoins the water. West. The adjacent parcels located to the west of the Hotel A property, across Coronado Drive are the existing Aqualea, which is 150' in height, and the proposed 450-unit hotel at 100 Coronado (Kiran Patel project), which is approved at 150' in height . These projects are already built or approved and will not be impeded by this application. The proposed 7-story and 8-story hotels will create an appropriate step down toward the water. Immediately adjacent parcels to the west of Hotel B are a mixture of one-story residences, retail and offices located on Coronado. Hotel B will be separated from these neighbors by a 10.7' landscape buffer. North. The adjacent property to the north of proposed Hotel A across Third Street is an area of older, smaller beach motels, which could be expected to undergo renovation or redevelopment in the future. The proposed building is set back from Third Street and neighboring parcels to the north across Third Street will view lush landscaping on all frontages. The proposed building has a minimum of 10' setback on the street frontage. South. Located on the south side of the subject property are a mixture of small motels, efficiencies, retail and office. The immediately adjacent parcel to the south of the Hotel B property is The New Yorker Motel, containing 15 rental units located in 2 stories. The New Yorker faces the intersection of Brightwater and Hamden and the rear of The New Yorker building faces the Hotel B site. The proposed southerly setback of 10' from the Hotel B building to The New Yorker property line is fully landscaped. 5. The proposed use shall otherwise k land use category, be compatible substantially alter the essential use and shall demonstrate compliance objectives: e permitted by the underlying future with adjacent land uses, will not characteristics of the neighborhood; with one or more of the following 7 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. Overnight accommodations are permitted by the "Resort Facilities High" land use category and in the "Tourist" zoning district as a minimum standard, flexible standard and flexible use. Adding mid-priced hotel accommodations to Clearwater Beach is a significant economic contributor to the City. New jobs will be generated by the proposed hotels. As previously discussed in General Applicability Criteria 1 and Comprehensive Infill Criteria 4 the proposed project is compatible with the surrounding uses. 6. Flexibility with regard to use, lot width, required setbacks, height and off- street 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. The proposed use as overnight accommodations are a use permitted in the Tourist zoning district without this approval. As previously discussed in detail in General Applicability Criteria 1, the proposed hotels will not impede the surrounding properties which are of varying size and use. The proposed project could stimulate additional tourist-related uses in this area which may encourage redevelopment of the remainder of this block. b. The proposed development complies with applicable design guidelines adopted by the City. The proposed project is designed to meet the requirements of Beach by Design in scale, bulk, coverage, density and character. The architectural 8 design is as prescribed by Beach by Design with breaks in the facade such as balconies and variations in color and Mediterranean details, including the roof, as well as tropical landscape buffers on all street frontages. Parking is internal to the project site to reduce noise transmission and visual distraction to adjacent properties. This project furthers the City's objective of revitalizing the beach and creating additional hotel rooms. The project has been designed such that the maximum dimension of uninterrupted building planes does .not exceed 100 feet. Please refer to building elevations, schematic floor plans, and rendering. As shown on architectural plans, at least 60 percent of the building is covered with either architectural decoration (as described in 6.d) or windows. The proposed 8-story hotel has an architectural delineation between the 3- story base element containing retail, parking and amenities and the 5- story tower element containing the guest rooms, which gives the pedestal base a pedestrian scale. The proposed retail uses and lobby on Hamden will be inviting to pedestrians. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; The emerging character of the area is that it is a transition between the new resort hotels existing and proposed between South Gulfview and Coronado and residential areas further to the south. In order to promote redevelopment with mid-priced hotels, it can be expected that there will mixed neighborhoods where the older, smaller motels and businesses adjoin newer mid-priced hotels. Please see Comp. Infill Criteria 4 for discussion of compatibility with the neighborhood. 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. These elements are incorporated into the design as shown on the building elevations. There are changes in the horizontal plane through alternating 9 balconies and windows with alternating roof parapets and variations in color, all creating more of a townscape or village appearance rather than appearing to be one building. Metal awnings on the ground floor retail and Spanish the on the roof add visual interest. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Landscaping The landscape plan is in accordance with design guidelines set forth in Beach by Design creating a pedestrian friendly environment with palm-lined sidewalks, beach (tropical) plantings and use of flowering plants. Sylvesters and Medjool palms line Hamden, providing a lush landscape that will benefit the surrounding hotels and residents. Granting of Hotel Density Reserve Units In connection with the Applicant's request for hotel density reserve units, the following indicate how the Applicant meets Beach by Design requirements for such additional units. 1. Those properties and/or developments that have acquired density from the Destination Resort Density Pool are not eligible to have rooms allocated from the Reserve. The subject property has not received units from the Destination Resort Density Pool, making this project eligible for units from the Hotel Density Reserve. 2. Those properties and/or developments that have had density transferred off to another property and/or development(s) through an approved Transfer of Development Rights (TDR) application by the City after December 31, 2007, are not eligible to have rooms allocated from the Reserve. There has been no transfer of density off of the subject property. 3. A maximum of 100 hotel rooms may be allocated from the Reserve to any development with a lot size of less than 2.5 acres. Those development with a lot size greater than or equal to 2.5 acres may use the Reserve to achieve a density of 90 hotel rooms per acre. However, in no instance shall the density of a parcel of land exceed 150 units per acre regardless of whether 10 it has received benefit of transfers of development rights in addition to the Reserve, or not. The subject property contains 35,730.06 square feet. The request for 95 rooms from the Hotel Density Reserve complies with this requirement. See the Mixed Use Calculation on Sheet C.1.1. 4. Accessory uses inconsistent with amenities typical of amid-priced hotel shall require compliance with the base FAR requirements of the Resort Facilities High (RFH) Future Land Use category. As shown on the site data table, the applicant proposes 1,335 square feet of retail use which will be located on the ground floor on Hamden. This retail use is including in the density calculation as shown on the Mixed Use Calculation on Sheet C.1.1 and in the Shared Parking calculation. In addition, an accessory use serving Hotel B is the pool and exercise room of 1,060 sq. ft., which is appropriate for amid-priced hotel. 5. No hotel room allocated from the Reserve may be converted to a residential use (i.e. attached dwelling). Acknowledged. 6. The maximum building heights of the various character districts cannot be increased to accommodate hotel rooms allocated from the Reserve. The project is located in the Small Motel District which does not have a height limitation imposed. 7. A legally enforceable mandatory evacuation/closure covenant that the overnight accommodation use will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. Acknowledged. Such covenant is included in the associated proposed Development Agreement. 8. Access to overnight accommodation units must be provided through a lobby and internal corridors. This requirement is met as shown on proposed architectural plans. 11 9. All hotel rooms obtained from the Reserve that are not constructed shall be returned to the Reserve. Acknowledged. Such covenant is included in the associated proposed Development Agreement. 10.The development shall comply with the MPO's countywide approach to the application of concurrency management for transportation facilities, and the transportation analysis conducted for the development shall include [criteria stated in Ordinance 7925-08]. As previously described, the Traffic Study is included with this submittal. 11.A reservation system shall be required as an integral part of the hotel use and there shall be a lobby/front desk area that must be operated as a typical lobby/front desk area for a hotel would be operated. Acknowledged. 12. The books and records pertaining to use of each hotel room, shall be open for inspection by authorized representatives of the City, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law. Acknowledged. 10/16/2009 10:54 AM 050593.117498 #497529 v3 - DiGiovanni/Ex to Comp Infill (Hotel B) 12 J I#: 2005019858 BK: 14067 PG: 1895, 01/18/2005 at 03:14 PM, RECORDING 2 PAGES $18.50 D DOC STAMP COLLECTION $15400.00 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC3 WARRANTY DEED THIS IfVQRRANTY DEED made the ~ day of January, 2005, by SEACOVE PARTNERSHtP -an Illinois General Partnership, hereinafter called the grantor, to AGOSTINO•..bIG~IOVANNI and FRANCESCO CARRIERA and JOHN CONTI, as Co- Trustees'sf`the Tropicana Resort Land Trust, with full power and authority to deal in and with the property or any interest therein including full power and authority to protect, conserve; sell, lease, encumber, develop, manage or dispose of the property, including all ~~ powers under FS689.071(1), whose mailing address is 163 Bayway Drive, Clearwater, FL 33Z67'hereinaftercolled the grantees: ~'':WITNESSETH: That the grantor, for and in consideration of the sum of TEN ($1`U,00) DOLLARS and other valuable considerations, receipt whereof is hereby ~~; acknowledged, hereby grants, bargains, sells, alienss, remises, releases, conveys and ` ~: Confirms unto the grantees, all that certain land situate in Pinellas County, Florida, to-wit: FOR LEGAL SEE EXHIBIT "A" ATTACHED HERETO TOGETHER with all the tenaments, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantees that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2004. IN WITNESS WHEREOF, the said grantor has caused these presents to be signed and sealed the day and year first above written. Signed, sealed and delivered in our presence: SEACOVE PARTNERSHIP, an Illinois General Partnership By: Print: ~ e L. oberson, eneral Partner Print: P- aul~J.b abscheid, General Partner STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgments, personally appeared EARLE L. ROBERSON and PAUL J. HOBSCHEID, General Partners of SEACOVE PARTNERSHIP, an Illinois General Partnership, who are personally known to me or who produced driver's licenses as identification. They acknowledge that they executed the foregoing Warranty Deed for an on behalf of said partnership. /9 WITNESS my hand and seal in the County and State last aforesaid this ~_ day of January, 2005. n / ~, /A RET[R2N ~: // Prepared by: E ilIRE / // 2Y"~ 7ert CC bb JgtRY C. COBB, S(2 501 S. Ft. Harrison Ave., #206 U y o ~ ~~~~ oQttaui DDS ~~.....~ ~ rn: b ~~ ~ ~ Clearwater, FL 33756 „ , x,rr N, inw x~ cEMc ~ PINELLAS COUNTY FL OFF. REC: BK 14067 PG 1896 Lot 4 in Block A :ofCOLUMBIA SUBDNISION N0.2, according to the map or plat thereof recorded.iri Plat Book 21, Page 74, of the Public Records of Pinellas County, Florida. PARC1vL'IVO.2: ;, ._ LBts,2~and 2-A, COLUMBIA SUBDIVISION N0.3, LESS the Southerly 45 feet thereof; :arid-fhaf part of Lot 1 in CODUUMBIA SUBDNISION NO.3, described as follows: Begin `~ ;at ~ point in the Wcst boundary of said lot, which said point is located 24.87 feet North along ~, """said line from the Southwest corner of said !ot for a Point of Beginning; and from the Point ~" °; Q~Beginning thus established, run thence South a distance of 24.87 feet to the Southwest ' ~ - 'corner of said lot; run thence East along the South boundary of said Iot a distance of I L 0 feet `~ ~~` , .~--` to the Southeast comer of said lot; run thence North along the East boundary of said lot a ~~ distance of 26.5 feet; run thence West in a straight line to the established Point of Beginning. ~~ Together with the South 26.5 fcet of Lot 1-Ain said COLUIvIBIA SUBDIVISION N0.3, according to the map or plat thereof recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. F~iIBIT "A" I#: 2005300871 BK: 14494 PG: 2393, 08/01/2005 $18.50 D DOC STAMP COLLECTION $27300.00 KEN COUNTY, FL BY DEPUTY CLERK: CLKDMCI at 03:34 PM, RECORDING 2 PAGES BURKE, CLERK OF COURT PINELLAS /(~ S a S D E E D THIS WARRANTY DEED is given this NSF day ofC~t'!~, 2005, by MANNA 7. SHAH, an unremaixietl'widow, Individually, and as Surviving Tru~sJtee of the Shah Family Trust dated July 16,_1993; ~~s well as in her capacity as Trustee of the Marital Trust "A" and Decedent's Trust "B" un .der tlie`Shah Family Trust Agreement dated July 16,1993 ("Grantor") to FLAMINGO BAY CONDQNIIIVIUM DEVELOPERS, LLC, a Florida Limited Liability Company ("Grantee") whose matang;address is 163 Bayside Drive, Clearwater, FL 33767 WY`TNESSETH, that the Grantor, for and in consideration of Ten Dollars ($10.00) and other good. ~nd'~aluable consideration to Grantor in hand paid by Grantees, the receipt and sufficiency of whicl~ate-tlereby acknowledged, has granted, bargained, and sold to the Grantees, and Grantees' heirs; •Successors and assigns forever, the following real property, in Pinellas County, Florida, ;.d~s~r%ted as follows: ```~`~z ,' The Southerly 45 feet of Lots 2 and 2A, and all of Lots 3, 3A, 4 and 4A, Columbia .., Subdivision No. 3, recorded in Plat Book 27, page 46, Public Records of Pinellas County, Florida Parcel No. 08/29/15/17604/000/0030 Together with, but without warranty, all riparian rights, rights of accretion and reliction and other water rights appurtenant to said property. TOGETHER with all of the tenements, hereditaments, and appurtenances thereto belonging or in any way appertaining, subject only to all easements, covenants, conditions, restrictions, reservations, and Like matters of record, if any (provided, however, that this reference shall not serve to reimpose same) and ad valorem taxes for the current year and all subsequent years; AND, the Grantor does hereby covenant with the Grantees that the Grantor is fully seized of the described real property in fee simple; that the Grantor has good right and lawful authority to sell and convey the described real property; that the described real property is free from encumbrances, except as indicated herein; that the Grantees shall have quiet possession of the described real property; that the Grantor will execute or procure any further necessary assurances of title to the described real property; and that the Grantor hereby fully warrants the title to &pGrrrnie: Douglas N. Menchise, P.A. 300 Turner Street Clearwater, FL 33756 PINELLAS COUNTY FL OFF. REC. BK 14494 PG 2394 the described real property atld, will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WI-IEI~OF, the Grantor has executed this deed as of the day and year first above written. Signed, sealed & c. ! in the presence of: Mich~1 .A.~rr_on Ma a J. Shah, an unr married widow, I ividually and as Surviving Trustee of The Shah Family Trust dated 7/16/1993, and Trustee of Marital Trust "A" and Decedent's Trust "B" Underthe Shah FamilyTrust dated 7!16/1993 I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared MANNA J. SHAH, ^ who is know to me or Q"who produced ~- ~ ~~ u ~ ,uw~, Q,~•°-r.-kgz_ as identification and who executed the foregoing instrument and acknowledged before me the execution of the same. WITNESS my hand and official seal in the County d State last aforesaid this ~_ day of ~_, 2005. NOTARY PUBLIC My Commission Expires: ~,.R~ R.c Notary Public State of Florida `F, Sandra L Servidp R:\wp51\CL[ENTS\SHAH\WARRANTY DEED TO FLAMINGO BAY CONDOMINIUM .w ~+r~ ~ M pConnnission DD431918 P a n Ex Tres 0812512009 .+ I#: 2004470137 BK: 13977 PG: 909, 12/02/2009 at 05:35 PM, RECORDING 3 PAGES ~' $27.00 D DOC STAMP COLLECTION $24850.00 KARLEEN F. DE BEAKER, CLERK OF COURT ' PZNELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 '~ ~ PREPARED BY AND RETUR21, T0' ,. ~U~~ Stephen 0. Cole, Esgvir2 ~ ~~ Macfarlane Ferguson",&'McMullen ~~~ 625 Court Street, Sure 200 Post Office Box 166,9,;-('33757) Clearwater, Florida"!33756 WARRANTY DEED THIS,,,INDENTURE made this of December 2004, between JEDE ;CORPORATION INC., a Florida corporation, of the County of Pinellas, and the State of Florida, Party of the First Part, whose m~iti,Trig address is 2919 West Bay Drive, Belleair Bluffs, Florida ..33770, and JOHN CONTI, FRANCESCO CARRIERA and AGOSTINO DIGIOVANNI, ~.~`.a-s Co-Trustees of TROPICANA RESORT LAND TRUST, with full power and ,authority either to protect, conserve and to sell, lease, encumber, including all powers as setforth in F.S.689.071, or otherwise dispose of the real property described herein, Party of the Second Part, whose mailing address is ~~ ~ %~S/ ~ b ~. ~iG E,Q~2~~~ ~L 3 37 ~ 7 . W I T N E S S E T H: That the said Party of the First Part, for and in consid- eration of the sum of Ten Dollars ($10.00) to it in hand paid by the said Party of the Second Part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, unto the said Party of the Second Part and its successors and assigns forever, all that certain parcel of land lying and being in the County of Pinellas, and State of Florida, more particularly described as follows: SEE EXI3IBZT "A" ATTACHED HERETO AND MADE A PART HEREOF. Subject to 2005 real estate taxes; and restrictions, reservations and easements of record. Parcel I.D. No. 08/29/15/17609/000/0010 Together with all the. tenements, hereditaments and appur- tenances, with every privilege, right, title, interest and estate, ~ay -1- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 910 v reversion, remainder and easement thereto belonging. or in anywise appertaining. TO HAV~:;,AND TO HOLD the same in fee simple forever. And ttie'said Party of the First Part does covenant with the said Party~_`o.f the Second Part that it is lawfully seized of the said premises, that it are free of all encumbrance, and that it has,'godd'right and lawful authority to sell the same; and that sa-id ;party of the First Part doth hereby fully warrant the title tti,said land, and will defend the same against the lawful claims ,af-all persons whomsoever. IN WITNESS WHEREOF, the said Party of the First Part has hereunto set its hand and seal the day and year first above writ- ten. Signed, Sealed and Delivered in Our Presence: Pr'/Name ~. INS ,,•y, ~-~/v Print Name ~; Q, ['~ STATE OF FLORIDA COUNTY OF PINELLAS JEDE CORPORATION, INC., a Florid corporation Deborah Well', as President I HEREBY CERTIFY that before me personally appeared DEBORAH WELLS, as President of JEDE CORPORATION, INC., a Florida corporation, ~ to me personally known, [ ] or who has produced a current/valid driver's license as identification and who did take an oath, known to me to be the persons described in and who executed the foregoing instrument, and severally acknowledged the execution thereof to their free act and deed as such officers, for the uses and purposes therein expressed, and the said instrument is the act and deed of said corporation. WITNESS my hand offi 1 seal at Clearwater, said County and State, this ___~__ day of ~.~ ~ 2004. Not r Public Print Name: My Commission Expires: [SEAL ] ~.~ ~ Paul n,yma,e ~y Conv,~4rm oo~a~s ~y ~ E:piros AupuN 10,2008 -2- PINELLAS COUNTY FL OFF. REC. BK 13977 PG 911 L:i1116 LI PARCEL 1: Lot9 1 and 1T, COLpH.D IT SUDDIVISION NO. 1, according to plat thareo[ recorded in P1aC Dook 27, page in, Public Accords of Pinellas County, Florida; LE5§,..th'e South x6.5 feet of said i.ot 1T; and also lass th• following described portion oC Lot 1: Deqia at a point in the west Doundary ot`~sa:id Lot :, which said point is locatod 24.a7 feet NortD along the`~.sa~id'line from the 6outhvest corner of said Lot for a Point of 8@ginningi,~`PAd from the Point o[ Deginninq thus established, run :hence South s_~d, i~s fence of 24.87 feet to the Southwest corner of said Lot 1; run tlienc.e,East along the 6outh boundary of said Lot i, a distance of 110 L~eet~,[o the 6outheest corner of said Lot; run thence North along the Easf~-boUhdary of said lot a distance of 26.5 feet; run thence was: in a scta34ht'`_ine to the established point of beginning. pARCEL~2: i~yoc"Three (71 in Dlo ck T oC COLUHDIT llo. 2 accotdinq to the nap or plat `~.t h"@reot as recorded in Plat Dook 21 Page 79 of the Public Records of ~'Rinellas Coun [~+, Florida. •..,T , :~ I#: 2004487953 BK: 14004 PG: 577, 12/15/2004 at 02:16 PM, RECORDING 5 PAGES ~ $94.00 D DOC STAMP COLLECTION $4433.80 KARLEEN F. DE BEAKER, CLERK OF COURT - PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKRD25 Recording: ; 4400 Doc. stamps: ; ; ~ Int. tax: TOTAL: e~~~~ THIS INSTRUMENT WAS PREPARED BY AND, AFTER RECORDING, RETUttN T0:' David R. Punzak, Esquire ' CARLTON FIELDS, P.A:, 200 Central Avenue, Suite 2300 ; St. Petersburg, Florida'3370t,, ,' (727)821-7000 (727) 822-3768 (Facsimil'e) ~ ! Grantee's TIN'-~ ~ '~-~ ~ Parcel Nos.:,48= -i5.-175586-001-0010 'b8-29.15-175586-OOI-0020 WARRANTY DEED ,,'','T'HIS WARRANTY DEED is given this ~ day of December, 2004, by ,• ALEJ~ANDROS GALTATSATOS, as Trustee of the ALEXANDROS GALIATSATOS IN'T'ER ~~\-~VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, and STAMO G. GALIATSATOS, -:: ,.as;Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED .,'~IviARCH 3, 1997, whose mailing address which is 305 Coronado Drive, Clearwater, Florida ~~ .33767 (collectively "Grantor") to AGOSTINO DIGIOVANNI, FRANCESCO CARRIERA, and ~' ~~ JOHN CONTI, as Co-Trustees of the TROPICANA RESORT LAND TRUST, together with full power and authority to conserve, preserve, protect, sell, lease, mortgage, develop, subdivide or otherwise manage and dispose of the real property described herein, including all those powers as set forth in Florida Statute section 689.071, whose mailing address is 163 Bayway Drive, Clearwater, Florida 33767 ("Grantee"). WITNESSETH: THAT GRANTOR, for and in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other good and valuable consideration, to Grantor in hand paid by Grantee, the receipt and legal sufficiency of which are hereby acknowledged by Grantor, has granted, bargained, and sold to Grantee, and Grantee's successors and assigns forever, all Grantor's undivided one third (1/3) interest (1/6 interest from each Grantor) in all of the real property in Pinellas County, Florida, described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Pro ert '); TOGETHER with: (i) alI of the right, title, interest, claim, and demand which Grantor has in and to, all and singular, the benefits, rights, privileges, easements, tenements, hereditaments, and other appurtenances pertaining to the Property, if any; and (ii) all improvements of whatever kind, character, or description to or on the Property, if any; SUBJECT TO ad valorem taxes for the year 2005 and any other taxes or assessments levied or assessed against the Property subsequent to the date hereof, and all of the matters described in Exhibit "B" which is attached hereto and by this reference made a part hereof (collectively, the "Permitted Exceptions"); STP#576982:1 1 PINELLAS COUNTY FL OFF. REC. BK 14004 PG 578 TO HAVE AND TO HOLD the same in fee simple forever; and GRANTOR hereby ~t;ovenants with Grantee that it is lawfully seized of the Property in fee simple; that it has ggod;right and lawful authority to sell and convey the Property; that it hereby fully warrants t11e~1itl~ to the Property and will defend the same against the lawful claims of all persons whomsoever; and that the Property is free of all encumbrances, except for the Permitted Exceptions. . This is corrjiireicial property and is not, nor has it ever been, the Homestead of the Grantor. IN WZTI~F~SS WHEREOF, Grantor has executed this Warranty Deed on the day and year first P.~. XAE~' IVDROS GALIATS~S, AS TRUSTEE OF THE ALEXANDROS GALIATSATOS INTER VNOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 STAMO G. GALIATSATOS, AS TRUSTEE OF THE STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997 305 Coronado Drive Clearwater, Florida 33767 (Print name legibly on this line) 57PN576982.I PZNELLAS COUNTY FL OFF. REC. BK 14004 PG 579 STATE OF FLORIDA ~.`.)' COUNTY OF PINELLAS; "~„T -.~ The foregoing insti'ikmerit was acknowledged before me this L day of 2004, by ALEXANDROS fiALIATSATOS, as Trustee of the ALEXANDROS GALIATSATOS INTER VNOS TRUST`AGREEMENT DATED MARCH 3, 1997 rin,d~ividua n ~ehal€n~ the Trust. He is personally known to me or has produced ~ re) dnver's license no. ~~- Q3~- (aCD "~S - 0~4 -t7 as identification. My Commissioitl;xpires: NOTARY PUBLIC (Sign e) r~rca~aaissaH, ou a+oooo ~'~-~E$PIAES:septemh9r29,2005 (Printed Name) ''nry~N(M, i , 9nr,AeOTw Nobry PuEkIMY~x~ (Title or Rank) (Serial Number; ~~ " STATE OF FLORIDA ) COUNTY OF PINELLAS if any) The foregoing instrument was acknowledged before me this _ day of 2004, by STAMO G. GALIATSATOS, as Trustee of the STAMO GALIATSATOS INTER VIVOS TRUST AGREEMENT DATED MARCH 3, 1997, individually a e a e Trust. She is personally known to me or has produced ~ tsta~ driver's license no ___(}~~", $p-3(~- Q6~- 0 as identification. My Commission Expires: TARY SEAL) ~~+~'`'+ oavturt PUS ~: ~'con+tiussrori~ono ~. , , r E%P1AES ~P~ember29 NOTARY P LIC (Sign ~~ U v~?fit (Printed Name) (Title or Rank) (Serial Number, if any) S7Pp576982.I PINELLAS COUNTY FL OFF. REC. BK 14004 PG 580 EXHIBIT "A" ~; ~Leeal Description of Property Lots 1 and 2, Block A, COLy iTMBIA SUB. N0.2, according to the map or plat thereof as recorded in Plat Book 2t; Fage 79, of the Public Records of Pinellas County, Florida. STPp576982.1 PINELLAS COUNTY FL OFF. REC. BK 14004 PG 581 EXHIBIT KB" ~,` Permitted Exceptions Taxes for the yeai`-2005, and all subsequent years, which are not yet due and payable. 2. Matters on Plat recorded in Plat Book 21, Page 79, of the Public Records of Pinellas County, Florida..., '- ,`' ,~' 3. Rights: bf tenants and possession under verbal leases. ., 4. DeF1aFaCidil~of Unity of Title recorded in Official Records Book 9849, beginning at Page 292, of the Fulilic Records of Pinellas County, Florida. 5. Rights of the United States Government and/or the State of Florida arising under the UnitedS.tafes Government control over navigable waters and the inalienable rights of the State of Floridatn the lands or water of similar character, as to any part of the Property which is submeged beneath navigable waters or maybe artificially filled in land in what was formerly xiavigalile waters, and any accretions thereto. ...~. .. S7PM576982.1 LETTER OT AUT~ORI~ATION This letter will serve as authorization for Housh Ghovaee (agent Name) with NorthSide Engineering Services,Inc. to act as an agent for .(Property Owner's Name) And to execute any and all documents related to securing permits and approvals for the construction on +,.he property generally located at (Property Location) Pinellas County, Sfiate of Ft-.O~=ZIDA. r. f,~ ~ /fit J , '!/ ___..__._....~. ~;gnafiure of Property Owns=~ ~'r~n~t Name of Property ~_>>Nner ~.,~ ~{~ l~-R.,~ i~f~ ~ ~ ~ ~ rr La r. r~ L Vin, l ~ . ;-3. ~~ddress of Property Owner City/State/Zip Code Titlr: ~ <~ Telephone Number ~z~-~ State of~ ~G`i~.~~ __ The foregoing instrument was acknowledge before me this _ ~~~ _~ day ~~ nC~ ~ ~\ uvc.,:c,~c~:. , asp.-~ County of ~_~~.~~5 of . ~L2~~-~._, ~-~~' ~_~, by ----W~~ ~' -- ------ who is persr.~nally knov~rr~ to me or who has produced ~t--~~., __ as identification and wfio did did not) take an oath: ~~~JP~ ~MtsSIOryF~T/GD .~ -- ~`. • ~ p ~~ ( , ~ ,~.. . ... _ =* • m.d, ~*_ ' `' _ Notary Public ~~ y o ~, ADD 722641 '~q (Sig _. ~) tr~*" ` . //~'~~iUB~~~~ SYA~~o+~~'~ Commission # ._ _ ~~..:_ t _?--~ ~~------- ~~~lllleflillilq'~~ ~, (51=.~,~~~ASDVE~)~ ~_~~~~~~['':~1~~,~C ~e~~~ ~~'t~, ~~ ~m~= of Notary Typed; t~:'r, `fir,' t~~ `~t,~rt~K7ed) FOR THE BENEFIT OF: DIGIOVANNI HOMES JOB No. 090026 SEC. 8, TWP. 29 S., RGE. 15 E. PINELLAS COUNTY, FLORIDA LEGAL DE,S'CRIP TIO1V - HOTEL B Lots 1, 2, 3, 4, 2A, 3A, 4A and the Southerly 8.60 feet of Lot 1A, COLUMBIA SUBDIVISION N0. 3, accordong to the plat thereof as recorded in Plat Book 27, Page 46, of the Public Records of Pinellas County, Florida. LESS AND EXCEPT That part of said Lots 1 and 2, described as follows: Commence at the Northeast corner of said Lot 1 for a Point of Beginning; thence Southerly along the Easterly boundary of said lot 1, said line also being the Westerly right-of-way line of Hamden Drive (Hamilton Drive per plat), 167.41 feet along the Arc of a curve concave to the West having a Radius of 6507.52 feet, Chord Bearing and Length being S 06'45'36" W, 167.41 feet; thence N 83°02'46" W, 99.73 feet; thence S 06'57'14" W, 61.00 feet; thence S 09'04'50" W, 23.34 feet; thence N 81 `44'25" W, 10.77 feet to a point on the Westerly boundary of aforesaid Lot 2; thence Northerly along the Westerly boundary of aforesaid Lots 2 and 1, 248.79 feet along the Arc of a curve concave to the West having a Radius of 6397.52 feet, Chord Bearing and Length being N 07'08'39" E, 248.77 feet to the Northwest corner of aforesaid Lot 1, thence S 84'27'30" E, along the North boundary of said Lot 1, said line also being the South right-of-way line of Third Street, 110.00 feet to the Point of Beginning. The parcel contains 35,730.06 square feet or 0.820 acres, more or less. ABBREVIATION LEGEND: F.I.R. =FOUND IRON ROD (SIZE INDICATED) SEC. =SECTION S.I.R. =SET IRON ROD 1/2" # 3983 TWP. =TOWNSHIP F.I.P. =FOUND IRON PIPE (SIZE INDICATED) RGE. =RANGE F.N.D. =FOUND NAIL & DISK D) =DEED S.N.D. =SET NAIL & DISK ~ 3983 P) =PLAT F.C.M. =FOUND CONCRETE MONUMENT M) =MEASURED P.R.M. =PERMANENT REFERENCE MONUMENT C) =CALCULATED P.C.P. =PERMANENT CONTROL POINT (F) =FIELD P.I. =POINT OF INTERSECTION (R) =RADIAL P. C. =POINT OF CURVE PB. =PLAT BOOK P.O.B. =POINT OF BEGINNING PG. =PAGE R/W =RIGHT-OF-WAY CONC . =CONCRETE TYP. =TYPICAL COV. =COVERED PP =POWER POLE ASPH . =ASPHALT O.R. =OFFICIAL RECORDS PVMT. =PAVEMENT P.S.M. =PROFESSIONAL SURVEYOR & MAPPER ELEV. =ELEVATION CERTIFIED AS A LEGAL DESCRIPTION DATE: 10/9 /2069 ,~ EDI~JARD C. LLLIOT~i, F.S.M. # 3983 UNLESS IT NEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PLANT SCh1EDULE O ~ BM .M V ~ s avaza. P,.n w z cx~vam a.va~ OO rrz z w9e ~~ n,.~ u.rt~,v. v wry a ~ e eoe~.x ~...x r r. oc ma tale wo.w n.~arta o~mr c~eaa soe na.ro _ s fl no o- i i ~~ ~ ~ .~, a ~.~ ~W w~ e.e ~nn~ z~ a :` ~ ,_ ~.< <.. ~~~.b~. ~.~oa.roe.,u~.m ~~,. 9 ~3e ~ .~ ® „ 5 _ ~..~.,a~~ ...~um2 ~~ o,~ ..~~.W..~e ~a~ .~ ~:~~_ ~ ~I w ~• m~ ~` ~° 3. _~ op € ~ °s~ Emm.: 0827 M.EA. ~r x.c. Irie: 0919109 gym;: C.7 0 J = J c H => a J o H g= oc ~a 'a° ~ o^ ~ o ,:, o H z°o 0 ~. p usi s V ~ U Z e'l S aW0 ~ W d jm; Q W J ~ SS, BUTLER DESIGN GROUP, IN .~ ~. ORNIE M AOM .GkO ~ ~ ~ ~~~~~. M 85;'©5/20D9 88:81 7275624961 PUBLIC UTILITIES ~.,~ ~ ~~; ~ `t,'~., U ~A)C ~1~1(~SSA~~ CITY OF CL,E,ARWATER !PUBLIC U1 1650-C ARCTURAS AVB. N. CLEARWATER~ FL. X3765 PHONE (727) 562-d6B0 FAX (727) 562663 LOCATiO1~: 300__ s. ~ ~-Ic.+~~c ~~ F'ROII~: ~ . t~~1 ~ r DATE: ~-~~ T&~E; REAr1A,Rl~B:. ~ c3© ~/_ ~ PAGE 81 N~IMBER (JF PACES tI/VCLU,D1~11G ~'ff~J~` COV~~ ~.~~~} ,____L_._ ©5/85/2©89 88: D1 7275624~~1 PUBLIC UTILITIES_~. b4/ 18/2809 15:47 '2756:'. '9 ~/ 0fi/13,~?,007 15;38 72x5624629 ~"o 'mom ~~ y ~~: Pl~~se ~ t~ f~o'mrii,~ a~~~~ '~~~, .€~ se~~u~~ a h~ ~'~ ~iow ~ ~~' K . ~ ~~r~ ~~ a ~ '~t ~a~a~ao~a i~l~o~es ' . +~~~~ ~~aar~: ~lza~~t~~ F So ~/2Q~5 ~~/~r PAGE 82 PAu~ 01/02 PA6t, 0t t gz ~ {AC ~ ~'9'C ,~~ A~ 4 ~' ~ ~~, ~ ,~ ~. 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