FLD2008-12033; 601 GULFVIEW BLVD S; SHEPHARD'S BEACH RESORTFLD2008-12033
601 S GULFVIEW BLVD
Date Received: 12/1/2008
SHEPHARD'S BEACH RESORT
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 285A
PLANNER OF RECORD: WW
PLANNER: Wayne Wells, Planner III
MEMORANDUM
TO: Community Development Board
~.---~-~
FROM: Robert G. Tefft, Development Review Manager ,:.n'om'
RE: Request for Time Extension
FLD2008-12033 - 619 South Gulfview Boulevard
DATE: April 19, 2011
Attached is information related to the request by Joe Burdette, Agent for Shephard's Beach
Resort (owner), for an extension of time relative to the above referenced project located at 619 S.
Gulfview Blvd. This application was originally approved by the Community Development
Board (CDB) at its meeting of November 17, 2009. It is noted that, pursuant to Community
Development Code (CDC) Section 4-407, the Planning & Development Director previously
granted asix-month time extension for this project on November 3, 2010 (expiring May 17,
2011). Presently, aone-year time extension is being requested for the project to expire on
November 17, 2012.
Pursuant to CDC Section 4-407, extensions of time "shall be for good cause shown and
documented in writing." The Code further delineates that good cause "may include but are not
limited to an unexpected national crisis (acts of war, significant downturn in the national
economy, etc.), excessive weather-related delays, and the like." In this particular case, the
applicant has indicated that the project is being delayed for economic reasons as it relates to the
downturn of the local and national economy.
The Code further directs that the CDB may consider whether significant progress on the project
is being made and whether or not there are any pending or approved code amendments that
would significantly affect the project. It is noted that this project was submitted prior to the
adoption of Code amendments for overnight accommodations (Ord. No. 8044-09). These
amendments have affected the project as follows:
^ Based on Code amendments for hotels and related to the Hotel Density Reserve, when the
percentage of accessory uses exceed 15 percent of the hotel gross floor area, the accessory
uses must be treated as primary uses for calculation of density/intensity. This application
was approved with accessory uses representing 19.94 percent of the overall hotel gross floor
area. Under a mixed use calculation, when subtracting the accessory use square footage from
the original lot area square footage zoned Tourist District to recalculate the net ,lot acreage
for calculating allowable density, the maximum base density is 75 rooms. The maximum
number of rooms available when the lot acreage is less than 2.5 acres is 100 rooms.
Therefore, the maximum number of rooms complying with the Hotel Density Reserve
provisions is 175 rooms (75 + 100). This application was approved for 186 rooms. Since
this application was submitted prior to the Code amendments moderating hotel densities
based on the amount of accessory uses, upon construction of this hotel, this site will become
a nonconforming use due to number of rooms. This determination does not prevent the
allocation of the 68 rooms requested.
• The required parking ratio for overnight accommodations was amended to 1.2 parking spaces
per unit. At this new parking ratio, 223 parking spaces would be required. From an
amenities standpoint accessory to the hotel, based on current Code provisions, when the
percentage of accessory uses exceed 15 percent of the overall hotel gross floor area, parking
for all uses must be calculated separately. Based on the accessory uses being 19.94 percent,
the recalculated required parking to be 522 spaces. This application was approved providing
a total of 384 parking spaces. Since this application was submitted prior to some of the Code
amendments moderating hotel densities and intensities based on the amount of accessory
uses, upon construction of this hotel, this site will become a nonconforming use due to the
number of parking spaces provided.
Attachments:
^ Letter of Request
^ Time Extension Development Order of November 3, 2010
S: (Planning DepartmentlC D BIFLEX (FLD)Ilnactive or Finished ApplicationslGu fiiew S 0619 Shephards (T) 2009.11 - ApprovedlCDB Time
Extension Memorandum 2011 04-19.docx
TefFt, Robert
Subject: FW: Joe Burdette -Request for Extension of FLD2008-12033 - 619 Gulfview
From: Hunraf@aol.com [mailto:Hunraf@aol.com]
Sent: Wednesday, February 02, 2011 9:50 AM
To: Delk, Michael
Cc: hsc@clw.macfar.com
Subject: Joe Burdette -Request for Extension of FLD2008-12033 - 619 Gulfview
Mr. Michael Delk
Planning Director
City of Clearwater
100 South Myrtle Avenue
Clearwater, Florida, 33756
Re: Shepard's Beach Resort FLD2008-12033- 619 Gulfview Boulevard
Dear iVlichael,
Please accept this letter as our request fora 1-year extension for the above referenced Development Order for
Shepl-ard's Beach Resort and place it on the May agenda assuming that works. The last extension was granted
on November 3, 2010 so if required, please place on the April CDB agenda.
This request is based on the land development code section 4.04 and the specific criteria for our request is as
follows:
1. Severe market conditions continue to exist whereby construction financing for hotels in Florida is
virtually non-existent despite our best efforts.
Should you require any additional information, please contact me and I will see that you receive whatever
information you may require.
Thanl~ you for your help in this matter.
Joe Burdette
Agent for Shephard's Beach Resort
ce: Harry Cline
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PT.ANNI\~G c~ DEVELOPMENT
Mr. Joe Burdette
618 Pineland Avenue
Belleair, FL 33756
CITY OF CLEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 3/7~8-~74c5'
MGNICIP.AL SERVICES BUILDING, lOO SOl1TH MYRTLE A\'ENUL, CLEARIX~ATER, FLORIDA ?J7~V
TELEPHONE (727) 562-4567 FA,I' (727) >62-4865
November 3, 2010
RE: FLD2008-12033 - 619 South Gulfview Boulevard
Time Extension Development Order
Dear Mr. Burdette:
On November 17, 2009, the Community Development Board (CDB) approved the above
application with 14 conditions for (1) Flexible Development approval to permit the
redevelopment of an existing 96-unit overnight accommodation use in the Tourist (T) District to
a 186-unit overnight accommodation use with a lot area of 2.37 acres (zoned T District), a lot
width of 243 feet along S. Gulfview Blvd. (north), a front (north) setback of 15 feet (to existing
wilding), 11.2 feet (to proposed building), 6.S feet (to proposed sidewalk) and 6.79 feet (to
proposed pavement), a side (east) setback of 9.58 feet (to existing waverunner accessory
building) and 15.44 feet (to proposed building and decking), a side (west) setback of zero feet (tr.:
existing building, pavement and decking), a rear (south) setback of 22 feet (to existing building),
59.25 feet (to proposed building) and zero feet (to existing/propo~ed patio decking), a .building
height of 134 feet (to top of roof deck) and a total of 384 parking spaces (self- park and valet in
existing garage; valet-only in new garage), as a Comprehensive Infill Redevelopment Project,
under the provisions of Section 2-803.C; and (2) Increase of the permitted density by the
allocation of 68 overnight accommodation units from the Hotel Density Reserve created pursuant
to Beach by Design.
Section 4-407 of the Community Development Code requires the application for a building
permit within one year of the date the CDB approved the request (November 17, 2010). This
same Section allows an extension of time to initiate a building permit, provided good cause is
shown and documented in writing within the original period of validity. The Planning Director
may also consider whether significant progress on the project is being made and whether or not
there are pending or approved Code amendments that would significantly affect the project.
On October 28, 2010, you submitted a request for aone-year time extension to apply for a
building permit to construct the improvements on this parcel. Your letter cited the problems of
the slaw market conditions that are also affected by tighter construction lending and tourism
issues related to the BP oil spill.
This proposal was submitted prior to the adoption of Code amendments for overnight
accommodations. The Code has been amended in the following that affect this project:
November 3, 2010
Burdette -Page Two
1. Based on Code amendments for hotels and related to the Hotel Density Reserve, when
the percentage of accessory uses exceed 15 percent of the hotel gross floor area, the
accessory uses must be treated as primary uses for calculation of density/intensity. This
application was approved with accessory uses representing 19.94 percent of the overall
hotel gross floor area. Under a mixed use calculation, when subtracting the accessory use
square footage from the original lot area square footage zoned Tourist District to
recalculate the net lot acreage for calculating allowable density, the maximum base
density is 75 rooms. The maximum number of rooms available when the lot acreage is
less than 2.5 acres is 100 rooms. Therefore, the maximum number of rooms complying
with the Hotel Density Reserve provisions is 175 rooms (75 + 100). This application
was approved for 186 rooms. Since this application was submitted prior to the Code
amendments moderating hotel densities based on the amount of accessory uses, upon
construction of this hotel, this site will become a nonconforming use due to number of
rooms. This determination does not prevent the allocation of the 68 rooms requested.
2. The required parking ratio for overnight accommodations was amended to 12 parking
spaces per unit. At this new parking ratio, 223 parking spaces would be required. From
an amenities standpoint accessory to the hotel, based on current Code provisions, when
the percentage of accessory uses exceed 15 percent of the overall hotel gross floor area,
parking for all uses must be calculated separately. Based on the accessory uses being
19.94 percent, the recalculated required parking to be 522 spaces. This application was
approved providing a total of 384 parking spaces. Since this application was submitted
prior to some of.the Code amendments moderating hotel densities and intensities based
on the amount of accessory uses, upon construction of this hotel, this site will 'oecome a
nonconforming use due to the number of parking spaces provided.
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of the, Community Development Code,. 1 fiPPRi~'vr, a six-month -time extension to May 1%,
2011, to submit an application for a building permit to construct the site improvements on the
property at 619 South Gulfview Boulevard.
In the event you are unable to proceed with the project by submitting for the building permit, the
CDB may approve one additional extension of time to initiate a building permit application. Such
extension shall not exceed one year, shall be for the project originally approved (or as approved
through the Minor Revision process) and shall be for good cause shown and documented in
writing. The CDB must receive the request for this extension within the time frame granted
by the Planning Director (period of validity after the original extension approved by the
Planning Director, which means that any time extension request must be submitted with
sufficient lead time to be placed on the CDB agenda that precedes the above expiration
date). Good causes may include, but are not limited to, an unexpected national crisis (acts of
war, significant downturn in the national economy, etc.), excessive weather-related delays, and
the like. The CDB may also consider these same Code amendments enumerated above, whether
significant progress on the project is being made and whether or not there are additional pending
or approved Code amendments that would further significantly affect the project.
Please be aware that the issuance of this Development Order does not relieve you of the necessity
to obtain any building permits or pay any impact fees that may be required. Irl order to facilitate
the issuance of any permit or license affected by this approval, please bring a copy of this letter
with you when applying for any permits or licenses that require this prior development approval.
November 3, 2010
Burdette -Page Three
If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III at
727-562-4504.
Sincerely,
~~ /
Michae Del CP
Planning and Development Director
S:IP/nnning DepnrnnentlCD BIFLEX (FLDjllnactive or Finished ApplicntionsiGulfvietiv S 06/9 Shepherds (T) ?009.1/ -Approved
- WWIG«lfvieiv S 0619 Time Extension Development Order 1 /.3./O.doc