FLD2008-12033 (4)LAND USE: RFH
RECEIVED: 12/01 /2008
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PLANNING DEPARTMENT
Alex Azan
Keith Zayac & Associates
P.O. Box 1156
Safety Harbor, FL 34695
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLoRIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 Som MYRTLE AvENUE, CLEARWATER, FLoMDA 33756
TELEPHONE (727) 562 -4567 FAx (727) 562 -4865
November 30, 2009
RE: Development. Order — Case No. FLD2008 -12033 (Related to DVA2008- 00002)
619 S. Gulfview Boulevard
Dear Mr. Azan:
This letter constitutes a Development Order pursuant to Section 4- 206.D.6 of the . Community
Development Code. On November 17, 2009, the Community Development Board reviewed your request
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 building), 11.2 feet (to proposed building), 6.5 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 (to 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/proposed 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.
The Community Development Board (CDB) APPROVED the application with the following Findings of
Fact, Conclusions of Law and Conditions of Approval:'
Findings of Fact:
1. The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation)
located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive;
2. The site is comprised of two parcels;
3. The proposal is to construct a 186 -unit overnight accommodation use at a density of 78.48
rooms /acre, which includes the allocation of 68 units from the Hotel Density Reserve under Beach by
Design;
4. A companion Development Agreement (DVA2008- 00002) that must be approved by City Council is
also on this CDB agenda is, providing for the allocation of the 68 units from the Hotel Density
Reserve;
°EQUAL EMPLOYMENT AND AFFIRMAnVE ACTION EMPLOYER"
November 30, 2009
Azan — Page 2
5. The proposal includes retaining the existing parking garage, restaurant, nightclub and 46 hotel rooms
in the existing buildings on the western portion of the site;
6. The proposal includes the construction of a new building on the east side of the property with 140
hotel rooms at a height of 134 feet (to the top of the flat roof deck)
7. This proposal complies with the maximum building height allowable under Beach by Design and
with approved and existing buildings between S. Gulfview Boulevard and the Gulf of Mexico;
8. On -site parking will be increased through the construction of a garage in the new building with 164
total parking spaces, in addition to the 220 parking spaces in the existing parking garage, for a total
of 384 parking spaces;
9. The proposal includes setback reductions from all property lines;
10. Since this proposal 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;
11. Since this proposal 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 due to the number of parking spaces provided; and
12. There is no outstanding Code Enforcement issues associated with the subject property.
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 -803.0 of the
Community Development Code;
3. That the development proposal is consistent with the General Standards for Level Two Approvals as
per Section 3 -913 of the Community Development Code; and
4. That the development proposal is consistent with the Design Guidelines of Beach by Design.
Conditions of Approval:
1. That approval of this Flexible Development case is subject to the approval "of a Development
Agreement with the City (Case DVA2008- 00002);
2. That, prior to the issuance of any permit, a Declaration of Unity of Title be recorded in the public
records. In addition, prior to the issuance of any permits, the owner shall request the two existing
parcels be combined into one parcel by the Pinellas County Property Appraisers office;
3. That the final design and color of the buildings be consistent with the elevations approved by the
CDB;
4. That the 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. All attached signage shall meet Code requirements, including the
signage indicated as part of the water feature;
5. That landscaping material on the metal mesh screening panels on the existing or proposed parking
garages be not trimmed to create any signage, unless such is approved through a Comprehensive Sign
Program;
6. That, prior to the issuance of any permit, the applicant demonstrate the proposed stormwater vaults
drawdown in 24 hours or less based on a double ring infiltration test result;
7. That, prior to the issuance of the building permit, the overhead door presently proposed on the
northeast side of the new building be eliminated, or relocated closer to the beach area and be reduced
November 30, 2009
Azan — Page 3
in size to not exceed 12 feet in width and height and the storage location of the beach equipment be
indicated on all appropriate plans;
8. That the cabanas on the ground floor be used for storage only, in compliance with all Federal
Emergency Management Administration (FEMA) rules and guidelines for velocity zones. Evidence
of this restriction of use, embodied in deed restrictions or like forms, shall be submitted to the
Building Official prior to the issuance of the Certificate of Occupancy;
9. That, should the existing waverunner but be relocated to install the drainage pipes in accordance with
the submitted plans, this structure be brought into compliance with FEMA regulations;
10. That, prior to the issuance of a Certificate of Occupancy for the new building, the existing carport-
type structure on the west side of the existing building be trimmed back to the west property line,
with documentation provided to the Planning and Development Department;
11. 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;
12. That any applicable Public Art and Design Impact Fee be paid prior to the issuance of any permits;
13. That all Parks and Recreation fees be paid prior to the issuance of any permits; and
14. That, prior to the issuance of any pen-nit, all requirements of General Engineering, Stormwater
Engineering, Traffic Engineering and the Fire Departments be addressed.
Pursuant to Section 4 -407, an application for a building permit shall be made within one year of Flexible
Development approval (November 17, 2010). All required certificates of occupancy shall be obtained
within two years of the date of issuance of the initial building permit. The building permit must be
obtained within six months of the initial permit application This timeframe to obtain the initial building
permit may be extended for an additional six months for cause by the Community Development
Coordinator. Time frames do not change with successive owners. The Community Development
Coordinator may grant an extension of time for the Flexible Development approval for a period not to
exceed one year and only within the original period of validity.
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. In 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.
Additionally, an appeal of a Level Two approval (Flexible Development) may be initiated pursuant to
Section 4 -502.13 by the applicant or by any person granted party status within 14 days of the date of the
CDB meeting. The filing of an application/notice of appeal shall stay the effect of the decision pending
the final determination of the case. The appeal period for your case expires on December 1, 2009 (14
days from the date of the CDB meeting).
If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727 -562 -4504.
You can access zoning information for parcels within the City through our website:
www.iiivclear\vater.COM/g.ov/del)ts/plaiinin T.
November 30, 2009
Azan — Page 4
Sincerely,
Michael De , AICP
Planning Director
S:IPlanning DepartmentlCD BIFLEX (FLD)Ibiactive or Finished ApplicatiornslGnlfview S 0619 Shephm•ds (T) 2009.11 -Approved -
WWIGulfview S 0619 FLD Development Order 11.30.09.doc