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FLD2013-04015 - STAFF REPORT� � � �������r ; MEETING DATE: AGENDA ITEM: CASE: COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT June 18, 2013 D.2. FLD2013-04015 REQUEST: Flexible Development approval to permit a 230-room overnight accommodation use (including eight dwelling units converted to 13 overnight accommodation units previously approved and transferred under TDR2005-05022 with four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units ftom 667 Bay Esplanade, under the provisions of Section 4-1402 and 124 units which were the subject of a Termination of Status of Non-conformity under FLD2005-01005, FLD2005-05047, FLD2007-11034 and FLD2008-08024) in the Tourist (T) District with a lot area of 2.45 acres (1.87 acres zoned T District and 0.58 acres zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 27 feet (to building), 22 feet (to edge of balcony), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet (to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation to top of roof deck and 335 valet-only parking spaces at 1.46 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.D; approval of a two-year development order; and to allow the floor plate of the building above 100 feet to be up to 13,000 square feet where the maximum area is 10,000 square feet as provided by Section VII.B3 of Beach by Design. GENERAL DATA: Agent ........................... E.D. Armstrong, III; Hill Ward Henderson Applicant / Owner . ............ Salt Block 75, LLC Location .......................... 430 S. Gulfview Boulevard; west side of S. Gulfview Boulevard approximately 500 feet northwest of Hamden Drive Property S►ze .................... 2.45 acres (1.87 acres Tourist District; 0.58 acres Open Space/Recreation District) Future Land Use Plan...... Resort Facilities High (RFH) and Water Zoning . ......................... Tourist (T) District and Open Space/Recreation (OS/R) District Special Ar'ea Plan .............. Beach by Design (South Beach/Clearwater Pass District) Adjacent Zoning.... No►th: Tourist (T) District South: Tourist (T) District East: Tourist (T) District West: Preservation (P) District Existing Land Use ............. Non-residential off-street parking � Proposed Land Use......... Overnight Accommodations (230 units) with associated accessory uses including restaurant, meeting space, ballroom, retail, spa and gym. � ' W\.(�� Ir alLt Level II Flexible Development Application Review J . . .e . Sx'^, < .,� � ANALYSIS: Location and Existing Conditions: The 2.45-acre subject property is located on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive and directly south of Clearwater Beach with 235 feet of frontage along Gulf Boulevard and 295 feet of frontage along the Gulf of Mexico. The property spans two zoning districts including Tourist (T) and Open Space/Recreation (OS/R) and two corresponding Future Land Use Plan (FLUP) classifications; Resort Facilities High (RFH) and Water, respectively. The portion of the site within the T District is 1.87 acres and mostly landward of the Coastal Construction Control Line (CCCL). The remainder of the site is 0.58 acres and is seaward of the CCCL. The site is bounded by the CCCL on the north and west sides. The western submerged portion of the property is the Gulf of Mexico. It should be noted that Section 3-905 provides that the CCCL is the line of reference from which setbacks shall be measured along the Gulf of Mexico for buildings and structures. It should also be noted that only the portion of the site within the T District is considered with regard to development potential such as Impervious Surface ratio (ISR), Gross Floor Area (GFA) and density. The subject property is also located within the South Beach/Clearwater Pass District of Beach by Design. The property is currently being used as a temporary parking lot as approved by the City. The immediate area is characterized by a variety of uses including overnight accommodation, retail, outdoor recreation and entertainment, restaurant and attached dwelling uses. The 440 and 450 West attached dwelling condominiums towers are located to the south of this subject property and are 157 feet in height (each tower). The properties directly east of this property are developed with retail sales and services and restaurant uses. The City's Beach Walk project has been constructed transforming South PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION �� � � � „� � � ` ' �,,. ti .,�� �� ,� � .P � , �"�,� N�° � 1 L,a� J � �',�°°° /:� ,�' �'� ., � �� ,y� `�, ,, �; „, , � 1, ov �C, �'; ��/;,' j `X ` ._ �O 3 ' a �'� �✓�" � � o o� � � � n"� L'ese_ _ �ti �m � � .. �- EXISTING SURROUNDING USES MAP Community Development Board - June 18, 2013 FLD2013-04015 — Page 1 aClb[�� 1'1' �ll.l Level II Flexible Develo ment A lication Review pL.arrrr�NG & naveLOrMENr p pP DEVELOPMENT REV�W DIVISION J . .. S ��'.,.�� .... . Gulfview Boulevard to the north of this site into a winding beachside promenade with lush landscaping, artistic touches and clear views to Clearwater's award-winning beach and the water beyond. A City public parking lot is located to the north of this property. Site History: The former Adam's Mark Hotel on this property closed and was subsequently demolished on October 8, 2005 (BCP2005-09027) due to damage sustained during Hurricane Jeanne in September 2004. The Community Development Board (CDB) has taken the following actions since the closing of the former Adam's Mark Hotel: ➢ On April 19, 2005, the Community Development Board (CDB) approved with 10 conditions Case Nos. FLD2005-01005/SGN2005-01016 for the (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217-room/unit hotel (where 74 rooms/units were permitted at that time) and for height to allow the existing 155- foot high building (where a maximum height of 150 feet is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use with reductions to setbacks, an increase to building height to 155 feet (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing), as a Comprehensive Infill Redevelopment Project; (3) Reduction to the required interior landscape area, as a Comprehensive Landscape Program; and (4) Comprehensive Sign Program approval (SGN2005-01016). ➢ On August 16, 2005, the CDB approved with 18 conditions Case Nos. FLD2005- 05047/TDR2005-05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted to 104 dwelling units; where 56 dwelling units were permitted at that time); (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units and 78 overnight accommodation rooms/units with reductions to setbacks, increases to building height to 100 feet for the overnight accommodation building tower and to 150 feet for the residential tower (to roof deck), a reduction to driveway spacing from 125 feet to 90 feet and a deviation to allow direct access to a arterial street, as a Comprehensive Infill Redevelopment Project; and (3) Transfer of Development Rights (TDR2005-05022) of four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade. ➢ On January 15, 2008, the CDB approved with 15 conditions Case Nos. FLD2007- 11034/TDR2005-05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units; where 93 overnight accommodation units are permitted today); (2) Flexible Development approval to permit 230 overnight accommodation units with reductions to setbacks, an increase to building height to 100 feet (to roof deck) and to 150 feet (to roof deck) for two portions of the building, a deviation to allow direct access to an arterial street and to allow a two-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project; and (3) Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and Community Development Board — June 18, 2013 FLD2013-040t5 — Page 2 } C1L[t� �1 �L�� Level II Flexible Develo ment A lication Review PLn�r�xG & nEVELOrMENT P PP DEVELOPMENT REVIEW DIVISION ��: -e , � 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade. ➢ On October 24, 2008, the CDB approved with 14 conditions Case Nos. FLD2008-08024 /TDR2005-05022 for the for (1) Termination of Status of Nonconformity for density (217 overnight accommodation units (as established by Cases FLD2005-01005, FLD2005-05047 and FLD2007-11034); where 93 overnight accommodation units are permitted today), under the provisions of Section 6-109; (2) Flexible Development approval to permit a 230-room overnight accommodation use (hotel) in the Tourist (T) District with a lot area of 81,450 square feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acres of total acreage zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 2.5 feet (to building) and zero feet (to pavement), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a sidewalk 10 feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building) from the CCCL and to permit concrete patios 13 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 296 valet-only parking spaces at 1.286 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and three driveways where the two northernmost driveways are spaced 110 feet apart and the two southernmost driveways are spaced 18 feet apart, where 125 feet is required by Section 3-102 and approval of a two-year development order; and (3) including the Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402. Each of the above site plan approvals have since expired. It is important to note that the Termination of Status of Nonconformity (TSN) request for density and the Transfer of Development Rights (TDR) run with the land irrespective of the status of any associated site plan approvals. In other words, the density has been approved and no further request for that density is required however, the method (or means) of using that density has expired and must be resubmitted for approval. Development Proposal: The proposal is to construct a new hotel building on the property consisting of 230 overnight accommodation units with a variety of accessory uses such as restaurants, retail, meeting and ballroom space and a gym and spa. As mentioned, the nonconforming status of the prior hotel density has been determined to be valid, even though the hotel was demolished, due to the status of the approval of aforementioned approved Flexible Development applications. It should be noted that on the index sheet of the submitted site plan set a data table lists the number of proposed rooms as both 230 room and as 261 rooms. This discrepancy is attributable to the architect's software which calculates the number of rooms literally by the number of actual guest rooms. It is important to note that suites may include more than one physical room and therefore are counted more than once by the project's architect. In addition, when tallied floor by floor, the counted number of rooms is 229. The applicant has reserved the right to make minor interior Community Development Board — June 18, 2013 FLD2013-04015 — Page 3 ° Clearwater PLANNING & DEVELOPMENT Level II Flexible Development Application Review DEVELOPMENT REVIEW DIV[SION ,� ;�~�~�• changes prior to the issuance of any permits to reconfigure the floor plans to result in a maximum of 230 rooms. Therefore, the applicant is, indeed, proposing 230 units. The existing parking lot and all other structures on site will be removed with the proposal. Setback reductions beyond that as otherwise permitted as a Level One Flexible Standard Development review are requested on the front (east) side with zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), side (south) with 1.5 feet (to pavement) and four feet (to trash compactor enclosure) and on the rear (west) with one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL. The request also requests flexibility from the CDC to permit encroachments past the CCCL on side (north) for a balcony and sundeck (one foot and eight feet, respectively) northward of the CCCL as well as concrete patios, sun and pool decks and like accessory structures up 28 feet seaward of the CCCL. In addition to the setback reductions and CCCL encroachments, the application also includes a height of 150 feet as measured from BFE. The submitted site plan also includes a"non-structural sand ramp" which would provide access for guests of the hotel to the beach area to the north of the site. The "ramp is not a part of this site plan and must be approved by others. The proposed hotel building has a distinctive contemporary design that will make it an attractive landmark at this location. From a bird's eye view, the 150-foot tall, tower portion of the building will look like a crescent or arc on top of a four-story base. The base of the building will contain three floors of parking as well as a variety of amenities including meeting rooms, a ballroom, bar, restaurant, fitness center and other support services. It should be reiterated that all parking will be located completely within the base of the building with no surface parking provided. The overall effect will provide for a stepped massing of the building with the bulk of the tower approximately 100 feet from the front (east) property line along Gulfview Boulevard. The nearest point of the tower will be approximately 26 feet from this property line. The building design provides all hotel units with water views and provides easy access for all guests to access the public beach and nearby businesses. The building's shape, a thin, tiered curve, will act as a focal point of views from the adjacent beach to the north visually linking the Beach Walk District and South Beach/Clearwater Pass Districts. Development of the proposed hotel on this property will not impede the future redevelopment of properties in the area. It is not anticipated that properties to the north (beach) and south (440 West condominiums) will be redeveloped in the near future. Properties across South Gulfview Boulevard to the east are developed a variety of uses including restaurant, overnight accommodations and retail. Community Development Board — June 18, 2013 FLD2013-04015 — Page 4 � Cl��l 1'1'aLel Level II Flexible Development Application Review u . . .. "v� f "� ` .; s .� . The following provides the use of space within the building by level: Use Parking Trash compactor Assorted back of house services PLANNING & DEVELOPMENT DEVELOPMENT REV�W DIVISION Details/Notes 176 spaces - 100 percent valet serviced; completely within the building Parking 130 spaces - 100 percent valet serviced; completely within the buildin Lower sundeck Extends northward and westward of the CCCL Fo er -- kr �„ ��;� 7 .3 � � r" i z ,�o-- y�" v;' p'�e,`',� 9t c a(3, � z t' �i �..+? . o.�r�M_' s �� � L�ti�'��' ,�;'�����.- ������ '�. �-,r�x�'�� <<3�.w,.4 ;.3r��' �� ��4��,.�.�.�, �,�'s � Parking 22 spaces - 100 percent valet serviced; completely within the buildin >s, bar lawn and sand areas Outside; west side of the site Restrooms -- T nhhv __ Restaurant Lobby Bar Retail Ballroom Restrooms ;d back of house services Guest rooms Assorted back of house services Guest rooms Assorted back of house services Guest rooms Assorted back of house services Guest rooms Assorted back of house services 3,468 square feet 650 square feet 662 square feet 1,687 square feet 2,086 square feet :�x �� z � � ��� �� r �—� 2 �` � � Nine rooms; 7,687 square feet 8,275 square feet 6,450 square feet 21 units each floor (126 units �� � , �� ,� � � �r�� t��;.'�' � �,. 19 units � �, f� � ���{,�� ,_ ���� ���� � �� a. .�« a��`��M+� '��,.�'��k�� °,.s 18 units each floor (36 units 16 units each floor (48 units The total amount of commercial square footage is 26,185 square feet which constitutes approximately 12 percent of the gross floor area of the building. The proposed hotel consists of four rooftop levels (with all heights as measured from BFE) ranging between approximately 48 feet (top of Ball Room) to 150 feet (top of the tower). The portion of the building exceeding 100 feet in height is separated from the 440 West condominium building by approximately 107 feet, exceeding the Beach by Design and the Community Development Board — June 18, 2013 FLD2013-04015 — Page 5 a lil�.i�l 1't RLI.l Level II Flexibie Devel ment A lication Review PLANNING & DEVELOPMENT OP PP DEVELOPMENT REVIEW DIVISION o . . .. r. . �.'fi+xsx�air . ... Transfer of Development Rights minimum requirement of a 100-foot separation. The materials and color of the building will support the streamline language of the architecture and its natural surroundings. The building will be painted linen ruffle white, accented by alabaster. The window mullions, railing caps and decorative grills will be arcadia silver. Balcony railings will be clear glass or cables. The pool area is located at the northwesterly portion of the site, adjacent to the beach, to minimize noise and visual distractions and impacts to the 440 West condominiums to the south. With the height and location of the adjacent 440 West condominiums, the proposed hotel design is compatible with the surrounding uses. As mentioned, all parking for the hotel guests and employees is provided within the first three floors of the building. A total of 335 spaces are provided which results in a ratio of 1.45 parking spaces per hotel room. All parking will be valet parked. While all three parking levels can be serviced via two hydraulically powered freight elevators the parking spaces located on Level 1/P-3 are solely accessed by these elevators. The parking spaces on Levels P-1 and 2 can also be accessed via ramps. As mentioned, no guests or other public will access the parking garage; valet employees will be only ones who will park and retrieve vehicles from the parking garage. The parking garage will include numerous stacked or tandem spaces, where at least one car must be moved to get the desired car out. The site is designed with three driveways on South Gulfview Boulevard. The northern driveway will be an entrance only, providing access to the porte cochere for the valet service, middle exit- only driveway for guests and a southern driveway for service and delivery vehicles as well as solid waste. The garage will be accessed by valet drivers on the south side of the building. The applicant anticipates the proposed hotel will create approximately 300 new jobs. The proposal also includes eliminating the provision of canopy trees on site and fulfilling this requirement through the provision of palm and understory trees. The site will include extensive landscaping along the north, south and east sides of the site as well as along the front (east) fa�ade of the building through the provision of a variety of plant material including specimen medjool date palms, silver buttonwood, sabal palms, plumbago, sea grape and sea oats. The site is designed to be pedestrian-friendly with the provision of a 10 foot wide sidewalk along South Gulfview Boulevard. The sidewalk will be connect to and match the existing sidewalk to the north with regard to materials, fit and finish. Bricker pavers will be used where the sidewalk crosses a driveway. Sabal palms will be located along the east side of the sidewalk as street tree plantings continuing the existing pattern of street tree plantings to the north and south of the site on either side of South Gulfview Boulevard. Where the sidewalk crosses a driveway the paving material and pattern will change. The applicant is requesting a two-year development order due to market conditions. Section 4- 407 specifies that an application for a building permit must be submitted within one year of the date the CDB approves the project, unless otherwise specified under this approval. Community Development Board — June 18, 2013 FLD2013-04015 — Page 6 � Cl\.11� t'� �6�� Level II Flexible Develo ment A lication Review pLnr�rr�G � DEV�LOPMENT p pp DEVELOPMENT REVIEW DIVISION � . ,... E�..-:"... Special Area Plan: Beach bv Design: South Beach/Clearwater Pass District The City has demonstrated through the creation of Beach by Design and subsequent amendments to this plan that it recognizes the need for pedestrian-friendly development in order to create a vibrant active resort and waterfront destination serving tourists and locals alike. It is understood that a broad range of uses including retail sales and service, hotels and motels and restaurants contribute to the creation of the unique character and atmosphere that is Clearwater Beach. The vision of the South Beach/Clearwater Pass District of Beach by Design recognizes that this district is a distinctive area of mixed use, high-rise condominiums, low- to mid-rise hotels, outdoor recreation and tourist- and neighborhood-serving retail uses. The document acknowledges that development within the District may be inhibited by though the lack of availability of off-street parking. This development would further the trend of quality redevelopment and/or improvements of properties along South Gulfview Boulevard within the District including the Harborview Grande, the Entrada and Shephard's. Beach bv Design: Section VII. Design Guidelines: Section A specifically addresses the issue of density. The proposal includes 230 overnight accommodation units. Based on the size of the portion of the site within the T district (1.87) 93 units would be typically permitted where the proposed density is 230 units. This figure includes 217 units which were provided by the previous development on the site (the Adam's mark Hotel) and were the subject of a Termination of Status of Nonconformity (case nos. FLD2005-01005, FLD2005-05047, FLD2007-11034 and FLD2008-08024). The request for Termination of Status of Nonconformity with regard to density was approved in each case. In addition, a request for a Transfer of Development Rights (TDR2005-05022) which included eight residential units (the equivalent of 13 overnight accommodation units) was approved and the transfer of these units was duly recorded. Therefore, the total permitted number of overnight accommodation units associated with the site is 230 units. In must be noted that the use of these units, some of which were the subject of the aforementioned TDR, is limited by a projects ability to demonstrate compliance with the provisions of this Plan, the Community Development Code and concurrency requirements. The analysis provided in this document will demonstrate compliance with this provision. Section B specifically addresses height. The proposal provides for a building 150 feet in height as measured from BFE where a height of up to 150 feet is permitted where additional density is allocated to the development either by TDRs, or via the Destination Resort Density Pool pursuant to the CRD designation, or via the Hotel Density Reserve where the subject property is located between South Gulfview Boulevard and the Gulf of Mexico or on the west side of Coronado Drive. Density, as discussed previously in this document, has been augmented through the use a TDR and the subject property is located between South Gulfview Boulevard and the Gulf of Mexico. This section also requires that portions of any structures which exceed 100 feet are spaced at least 100 feet apart. The portions of the 440 West condominiums to the south which exceed 100 feet in height are approximately 107 feet from the portion of the proposed building that exceeds 100 feet in height. This section also includes overall separation requirements for structures over Community Development Board — June 18, 2013 FLD2013-04015 — Page 7 Y 1i�bu1 ►Y[tl�l Level II Flexible Develo ment A lication Review PLANNING&DEVELOPMENT p PP DEVELOP[vtENT REVIEW DIVISION � �F�„�.,v� � � 100 feet in height as two options: (1) no more than two structures which exceed 100 feet within 500 feet; or (2) no more than four structures which exceed 100 feet within 800 feet. The proposal provides for a building which exceeds 100 feet in height. The applicant has demonstrated that there are no more than two structures which exceed 100 feet within 500 feet thereby fulfilling the requirements of Option 2, above. Finally, this section provides that the floorplate of any portion of a building that exceeds 45 feet in height is limited as follows: a) Between 45 feet and 100 feet the floorplate will be no greater than 25,000 square feet except for parking structures open to the public; and b) Between 100 feet and 150 feet, the floorplate will be no greater than 10,000 square feet; and c) Deviations to the above floorplate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45 feet as described in Section C. 1.4 of the Design Guidelines. The proposal does not meet this provision in that the floorplate above 100 feet is 12,837. This exceedance is mitigated by the fact that approximately 22 percent of the theoretical building envelope will be occupied by the building where the maximum amount is 60 percent. Therefore, this section is supported by the proposal. Section C addresses issues relating to design, scale and building mass. These topics are quantified in six parts as follows: Section C.1 requires buildings with a footprint of greater than 5,000 square feet or a single dimension greater than 100 feet to be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in length. The proposed building footprint is 57,480 square feet. Given the curvilinear shape of the tower and the variety of building stepbacks, no two building dimensions are equal in length. Therefore, this provision is supported by the proposal. Section C.2 requires no plane or elevation to continue uninterrupted for greater than 100 feet without an offset of more than five feet. No portion of the building fa�ade continues for more than 100 feet in length. The single largest feature of the building is the tower. This portion of the building is curvilinear in form resulting in a continuously curving fa�ade. The base of the building incorporates a series of articulations of the fenestration with the single longest fa�ade extending approximately 75 feet. Therefore, this provision is supported by the proposal. Section C.3 requires at least 60 percent of any elevation (with elevation being defined as that portion of a building that is visible from a particular point outside the parcel proposed for development) to be covered with windows or architectural decoration. The application indicates compliance with this requirement using windows, balconies and architectural details including decorative grilles, stucco reveals and similar deta.iling on all facades. Community Development Board — June 18, 2013 FLD2013-04015 — Page 8 ' V1bR1 f►'alel Level II Flexible Develo ment A IICatI0f1 R2VI@W PLANNING&DEVELOPMENT p pP DEVELOPMENT REVIEW DIVISION ������ �.:� - Coverage ranges between 61 and 70 percent of any given fa�ade. Therefore, this provision is supported by the proposal. Section C.4 provides that no more than 60 percent of the theoretical maximum building envelope located above 45 feet will be occupied by a building. The applicant has demonstrated that the overall building mass between 45 and 150 feet constitutes approximately 22 percent of the theoretical maximum building envelope. Therefore, this provision is supported by the proposal. Section C.S requires that the height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The adjacent South Gulfview Boulevard right-of-way is 70 feet in width. The closest point of the tower to the east (front) property line is 26 feet. This portion of the tower is also the narrowest. The bulk of the tower is 100 feet or more from the right- of-way. The four-story base of the building, consistent in height with many other buildings in the area is approximately 40 feet from the street right-of-way. The resulting effect is that the bulk of the mass of the building is setback approximately 100 feet from the street right- of-way. Therefore, this provision is supported by the proposal. Section C.6 permits buildings to be designed for a vertical or horizontal mix of permitted uses. The proposal is for a single use; overnight accommodations. Therefore, this guideline is not applicable to the development. Section D addresses the issues of sidewalk widths, setbacks and stepbacks. The distance between the edge of the right-of-way along arterials and a building should be a minimum of 28 feet where the proposal provides a distance of zero feet along South Gulfview Boulevard and the leading edge of the porte cochere and 26 feet to the building proper. As the porte cochere is open in design there is no inherent conflict between this provision and the submittal. In addition, pedestrian paths 10 feet in width are an important component of fostering a pedestrian-friendly environment. As such, the proposal includes a 10-foot wide sidewalk along South Gulfview Boulevard. The sidewalk will tie into the existing sidewalk to the north and south of the site matching the existing sidewalk with regard to fit, finish and materials. Therefore, this Guideline is met by this proposal. Section E addresses issues of street-level facades and the incorporation of human-scale features into the facades of buildings. The proposed building provides for a modern, streamlined building design with an extensive use of glass which mitigates the bulk of the building. In addition, the site plan includes an extensive use of landscaping as well as the provision of a human-scaled artlwater feature component directly along the proposed sidewalk along South Gulfview Boulevard. Therefore, this Guideline is met by this proposal. Section F addresses issues related to parking areas. Parking is addressed via three floors of structured parking completely integrated into the design of the building. Vehicular access and direction of flow will be clearly marked with the north driveway serving as an entrance-only drive and the center driveway serving as an exit-only drive. The southernmost driveway will Community Development Board — June 18, 2013 FLD2013-04015 — Page 9 ��QR��[�1�� Level II Flexible Develo ment A lication Review PLANNING & DEVELOPMENT p Pp DEVELOPMENT REVIEW DIVISION U , �� r provide access to the entrance to the parking facility. As mentioned, the parking garage component will be serviced solely by valets. Therefore, this Guideline is met by this proposal. Section G addresses issues related to signage. A sign package has not been included with the submittal. Any proposed signage will be required to meet the requirements of this section of Beach by Design and any applicable portions of the Community Development Code. Section H addresses issues related to sidewalks (also addressed in part by Section D, above) and provides that all sidewalks along arterials and retail streets should be at least 10 feet in width. The proposal includes a 10-foot wide sidewalk along South Gulfview Boulevard. The sidewalk will tie into the existing sidewalk to the north and south of the site matching the existing sidewalk with regard to fit, iinish and materials. Therefore, this Guideline is met by this proposal. Section 1 addresses issues related to street furniture and bicycle racks. Street furniture, bicycle racks and the like are not proposed with this development. However, the applicant will coordinate with City Staff with regard to the placement and installation methodology for any street furniture which may be proposed at time of permit submittal. Therefore, this Guideline is not� applicable to this proposal. Section J addresses issues related to street lighting. Street lighting is not proposed with this development. Therefore, this section is not applicable to the proposal. Section K addresses issues related to fountains. A fountain is not proposed with this development. Therefore, this section is not applicable to the proposal. Section L addresses issues related to materials and colors. Finish materials and building colors are required to reflect Florida or coastal vernacular themes. The proposed hotel building has a distinctive contemporary design that will make it an attractive landmark at this location. From a bird's eye view, the 150-foot tall, tower portion of the building will look like a crescent or arc on top of a four-story base. The building's shape, a thin, tiered curve, will act as a focal point of views from the adjacent beach to the north visually linking the Beach Wa1k District and South Beach/Clearwater Pass Districts. The building will be painted linen ruffle white, accented by alabaster. The window mullions, railing caps and decorative grills will be arcadia silver. Balcony railings will be clear glass or cables. The applicant may adjust the color scheme however any such adjustment would require Staff approval and must meet the requirements of this portion of the Design Guidelines. The proposed color scheme and material schedule meets the requirements of this section. Development Parameters Note: All development parameters are based only on the 1.87-acre portion of the site within the T district. Densi : 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 units per acre. Based on the 1.87 acres zoned T District, a maximum of 93 overnight accommodation units would normally be permissible under current regulations. The Community Development Board — June 18, 2013 FLD2013-04015 — Page l0 � (s��rt�� + {� PLANNING & DEVELOPMENT � C 1�.R1 �l'�lel Level II Flexible DevelopmentApplication Review nEVSLOrMENTxEV�wDrv[stox � ��� "<,., former Adam's Mark Hotel had 217 units, which was nonconforming to current regulations. The applicant requested, and was granted approval of, a Termination of Status of Nonconformity with regard to density. The applicant also received approval of a TDR that included the transfer of eight dwelling units to this property from three other properties on the beach. Based on a conversion factor of 1.67 (50 overnight accommodation units to 30 dwelling units), these eight dwelling units convert to 13 overnight accommodation units. Therefore, given the fact that the Tertnination of Status of Nonconformity and TDR requests have been approved, the proposed number of hotel units (230) is considered conforming. Impervious Sur�ace Ratio (ISR): Pursuant to the Countywide Future Land Use Plan and CDC Section 2-801.1, the maximum allowable ISR is 0.95. The overall proposed ISR is 0.91, which is consistent with the Plan and this Code provision. Minimum Lot Area and Width: Pursuant to CDC Table 2-803, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2-803 the minimum lot area for overnight accommodations is 20,000 square feet. The subject property is 81,450 square feet in area landward of the seawall (zoned Tourist District). Pursuant to the same Table, the minimum lot width for overnight accommodations can range between 100 — 150 feet. The lot width of this site along South Gulfview Boulevard is 236 feet. The proposal is consistent with these Code provisions. Minimum Setbacks: Pursuant to CDC Table 2-803, there are no minimum required setbacks for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to CDC Table 2- 803, the minimum front setback for overnight accommodation uses can range between zero and 15 feet, minimum side setback between zero and 10 feet and minimum rear setback between zero and 20 feet. The CCCL traverses the site along the north and west sides. Section 3-905.A requires setbacks to be measured from the CCCL. This CDC Section also provides that no building or structure shall be located seaward of the coastal construction control line unless approved by the State of Florida and that any request to modify the setback requirements contained in this section shall be considered as an application for a Level Two approval. The proposal includes a front (east) setback of 27 feet (to building), 22 feet (to edge of balcony), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet (to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL. The proposal does not meet the setback requirements of CDC Table 2-802 or 2-803 for overnight accommodations and must therefore be reviewed as a Comprehensive Infill Redevelopment Program as part of a Level II Flexible Development. Community Development Board — June 18, 2013 FLD2013-04015 — Page 11 � � Civul ��i�.t Level II Flexible Deveto ment A lication Review PLANNING & DEVELOPMENT p pP DEVELOPMENT REVIEW DIVISION �R° �, � The tower portion of the proposed building is set back 30 feet at its northeast corner from the front (east) property line along South Gulfview Boulevard. The southeast corner of the building is set back approximately 42 feet from the front property line. The porte cochere is setback 28 feet from the front property line. The drive aisle that runs under the port cochere is approximately 10 feet from the front property line. In response to past 440 West condominium resident requests in order to mitigate negative views and noise from the loading area, the applicant is proposing a six-foot high wall along a portion of the south property line as was proposed with the most recently approved site plan (FLD2008-08024). The CCCL along the north property line runs at an angle to, rather than parallel with, the north property line, being narrower at the front property line and wider towards the seawall at the rear of the building. Along the rear (west) side of the site the CCCL and the seawall diverge by approximately 10 feet. The proposed setback to the side (north) setback to zero feet to the building is at the western portion of the building where the CCCL extends the greatest distance onto the property. The tower will be set back approximately four feet from the north CCCL with the balconies at the northeast corner of the building encroaching one foot past the CCCL. Bearing in mind that the CCCL runs south of the north property line the tower will be approximately seven feet from the north property line at its closest point. On the west side of the property, the building footprint will be between one and 10 feet from the CCCL. The west property line extends another 96 feet west of the CCCL into the Gulf of Mexico. Concrete decking extends up to 28 feet past the CCCL and cantilevers up to 15 feet past the seawall. The purpose of cantilevering past the seawall is to simply cover the rip-rap which exists adjacent to the seawall. The proposed tower portion of the building is set back approximately 77 feet from the western CCCL. It must be mentioned that the Building Code requires an 18-foot setback from a seawall. Any approval of this application is conditioned, at least in part, on the applicant receiving approval from the State for any structure extending past the CCCL. Additionally, any approval should be conditioned on the applicant receiving a variance from the seawall setbacks according to the Building Code. Maximum Buildin� Height: Pursuant to CDC Table 2-803, there is no maximum height for a Comprehensive Infill Redevelopment Project. However, for a point of comparison, pursuant to the aforementioned CDC Table 2-802, the maximum allowable height for overnight accommodations can range between 35 and 50 feet. CDC Table 2-803 permits overnight accommodations at a height of between 100 and 150 feet. As examined in detail, above, Beach by Design provides further clarification as to the circumstances under which height may be increased to 150 feet. The proposed building height of 150 feet from Base Flood Elevation (BFE) to the highest roof structure is generally permitted as the site received density via a TDR and the building meets all applicable portions of the Design Guidelines. This site is located within the South Beach/Clearwater Pass District of Beach by Design, which is indicated as a distinctive area of mixed use, including high-rise condominiums and resort hotels. The applicant has submitted documentation indicating compliance with the Beach by Design criteria relating to minimum distanced between structures which exceed 100 feet in height and the number of buildings which exceed 100 feet in height within given distances of each other. The proposal also complies with the Code requirements under the definition of "Height, Building or Structure" for elevator and stair overruns and mechanical rooms, which are permitted to extend a maa�imum of 16 feet above the otherwise permitted height. Since both portions of the roof ineet the maximum height Community Development Board — June 18, 2013 FLD2013-04015 — Page 12 ' vibu� 1'YaLI.� Level II Flexible Develo ment A lication Review PLANNING & DEVELOPMENT P PP DEVELOPMENT REVIEW DIV[SION - � � �� ,: limitations of the Code and Beach by Design, the definition of "Height, Building or Structure" does not allow rooftop occupancy by the public or guests. Approval of this request should be conditioned prohibiting such rooftop use. The design of this project creates a form and function that will be consistent with and enhance the character of this area. Minimum O�f-street Parkin� Pursuant to CDC Table 2-803 and 2-803, there is no minimum off-street parking requirement for Comprehensive Infill Redevelopment Projects. However, as a point of references these two tables do require 1.2 and between one and 1.2 spaces per unit, respectively (between 230 and 276 spaces. Parking for the hotel guests and employees is provided within the frst three floors of the building and includes 335 spaces (1.44 spaces per unit), which will be 100 percent valet parked. Of the 335 parking spaces provided, 184 spaces are designed as stacked or tandem spaces where another car must be moved to get the stacked or tandem car out. The parking garage must comply with the Building Code and have a vertical clear height for all parking garage levels of not less than seven feet including the entrance and exit. This clear height includes any structural beams, fire sprinkler pipes and heads, electrical conduits and lighting, drainage pipes and any other building elements. The proposal is therefore consistent with the Code provisions of Article 2 Division 8 and Beach by Design and no flexibility from the Code is necessary. Mechanical Ec�uipment: Pursuant to CDC Sections 3-201.D.1 and 3-903.I, 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 within and on the roof of the building. The equipment on the roof area will be adequately screened from view from adjacent properties and rights-of-way by solid screening. This screening of the mechanical equipment will also be reviewed at time of the building permit submission. Sight Visibili , Triangles: Pursuant to CDC Section 3-904.A, to minimize hazards at the intersection of streets andlor driveways, 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. This proposal does not propose any structures within the required sight visibility triangles and landscaping within them will be limited to groundcovers and low shrubs, complying with this provision. This proposal has been reviewed by the City's Traffic Engineering Department and been found to be acceptable. Landscaping located within the sight visibility triangles will need to be maintained to meet the Code requirements. Utilities: Pursuant to CDC Section 3-912, for development that does not involve a subdivision, all utilities including individual distribution lines must be installed underground unless such undergrounding is not practicable. There are no existing overhead utility lines, serving this development, within the rights-of-way along the west side of South Gulfview Boulevard. All utilities that will serve the site will be placed underground. Community Development Board — June 18, 2013 FLD2013-04015 — Page 13 ��l.Rl 1'!'�l��l Level II Flexible Develo ment A lication Review PLnxrr�G&DEV�LOPMErrr p PP DEVELOPMENT REVIEW D[V[SION Y . . ..._ �i�`� ��:e::,-�... Landscapin�: Pursuant to CDC Section 3-1202.D, there are no perimeter buffers required in the Tourist District for this site. This proposal meets the required minimum five-foot wide foundation planting along the east side of the building. The proposal also includes perimeter landscape buffers approximately 10 feet in width along the east side of the site along South Gulfview Boulevard, between five and 120 feet in width along the north side of the site and between four and nine feet in width along most of the south side of the site. The landscape design incorporates plant material that is native andlor naturalized and salt tolerant, while providing visual interest. Medjool Date Palms are proposed along the front of the site to provide height and scale to the building. The pedestrian scale along South Gulfview Boulevard will be enhanced with accent shrubs and dense groundcover beds. The north and south sides of the building will be enhanced with Cabbage Palms and other salt tolerant vegetation to create a landscape that will contribute to the overall sense of place and be coordinated with Beach Walk improvements to provide a seamless feel between properties. The site will also be planted with silver buttonwood, plumbago, sea grape and sea oats. Solid Waste: The proposal will utilize hotel housekeeping staff to remove trash from units and transport the trash to the trash compactor located on the south side of the property. A storage room for recyclables is also provided adjacent to the loading area. The proposal has been found to be acceptable by the City's Solid Waste Department. Si�na�e: The proposal does not include a freestanding sign at this time. However, any future freestanding sign must be designed as a monument-style sign, maintain a setback of iive feet, match the exterior materials and color of the building and be a maximum height of six feet. Attached signage is not proposed at this time but must also meet Code requirements. All signage will be required to meet the applicable portions of the Community Development Code and the Design Guidelines of Beach by Design. Comprehensive Plan: The proposal is supported by applicable various Goals, Objectives and/or Policies of the City's Comprehensive Plan as follows: Future Land Use Plan Element Policy A.1.2.1 - The City shall require new or redeveloped overnight accommodations uses located within the City's coastal storm area to have a hurricane evacuation plan, approved by the City, for all guests. This plan shall require the commencement of evacuation of hotel guests as soon as a hurricane watch is posted for the City. A Hurricane Evacuation Plan will be submitted to and approved by the City prior to the issuance of any permits. Therefore, the proposal will support this Policy Policy A.3.2.1 - All new development or redevelopment of properry within the City of Clearwater shall meet all landscape requirements of the Community Development Code. Community Development Board — June 18, 2013 FLD2013-04015 — Page 14 � C�L�i�1T�LLl Level II Flexible Develo mentApplication Review PLnxrr�vG&DEV�LOPMENT P DEVELOP[vIENT REVIEW DIVISION ... . � :�a �r<� , . � . The proposal, as discussed, meets the requirements of the CDC providing foundation planting along the east fa�ade of the building and perimeter landscaping along the north, south and east sides of the site and supports this Policy. Objective A.5.5 - Promote high quality design standards that support Clearwater's image and contribute to its identity. The proposal includes the redevelopment of lot currently developed with a public parking lot. The prior use of the site was overnight accommodations (Adam's Mark Hotel). The proposal includes a new attractive overnight accommodations use. The proposed hotel meets the requirements of the Design Guidelines of Beach by Design, is supported by the vision of the South Beach/Clearwater Pass District and supports this Objective. Policy A. S. S.1 Development should be designed to maintain and support the existing or envisioned character of the neighborhood. As mentioned above, the proposal is consistent with the vision of Beach by Design, the South Beach/Clearwater Pass District and the Design Guidelines and supports this Policy. Objective A.6.1 - The redevelopment of blighted, substandard, inefficient and/or obsolete areas shall be a high priority and promoted through the implementation o�'redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. In adopting Beach by Design the City recognized that large portions of the Beach could be classified as blighted, substandard and suffered from "obsolescence and age". One of the goals of Beach by Design is to reverse this trend of disinvestment. This goal is well on the way to being met (perhaps even exceeded) in many areas of the Beach. The South Beach/Clearwater Pass District is one area that has seen a great deal of redevelopment activity. The proposed hotel should be seen as an important linchpin in tying the Beach Walk District with the South Beach/Clearwater Pass District and one more step in the revitalization of the Beach and supports this Objective. Policy A.6.1.2 - Renewal of the beach tourist district shall be encouraged through the establishment of distinct districts within Clearwater Beach, the establishment of a limited density pool of additional hotel rooms to be used in specified geographic areas of Clearwater Beach, enhancement of public rights-of-way, the vacation of public rights-of-way when appropriate, transportation improvements, inter-beach and intra-beach transit, transfer of development rights and the use of design guidelines, pursuant to Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. As explored previously in this document, the site was the subject of a Termination of Status of Nonconformity which allowed all 217 hotel units to remain on the site where the otherwise permitted density is 93 units. In addition, the site was the recipient of an approval of the transfer of eight dwelling units (13 overnight accommodation units) for a total of 230 permitted units. The redevelopment of this parcel with a hotel will play an important role in the renewal and revitalization of the Beach. Therefore, the proposal supports this Policy. Community Development Board — June 18, 2013 FLD2013-04015 — Page I S o p� t�� * PLANNING & DEVELOPMENT = C Lt1�� 1'1 �L�� Level II Flexible Development Application Review Davar.orMExT xEV�w nivisiox �, Objective A.6.6 - Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.6.1 - The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed redevelopment includes an overnight accommodation use which will serve tourists and locals alike contributing to a vibrant successful resort destination and supports this Objective and Policy. Policy A.6.8.3 - Where appropriate, development shall provide a sense of pedestrian scale on streets through minimal front setbacks, similar building heights, street trees and proportionality of building heights to street widths. The proposal includes a significant overnight accommodation use with an overall height of 150 feet. However, this height is mitigated in several ways: 1. The bulk of the building is a curvilinear tower setback on the west portion of the site; 2. The base of the building is four-stories which is similar in height to other buildings in the immediate vicinity; 3. Lush landscaping will be provided along the fa�ade of the building facing South Gulfview Boulevard as well as along the east property line; and 4. A sidewalk ten feet in width with street tree plantings will be located along South Gulfview Boulevard and will tie into and match with regard to fit, finish and materials the sidewalks to the north and south. The overall effect of the proposal will pedestrian-scale consistent with the goals and vision of Beach by Design and the South Beach/Clearwater Pass District and supports this Policy. Community Development Code: The proposal is supported by the general purpose, intent and basic planning objectives of this Code as follows: Section 1-103.B.1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment. The property owner will redevelop an underutilized property with a new attractive building, a vibrant use (overnight accommodations) and contribute to the public space with a sidewalk between 10 feet in width along South Gulfview Boulevard. The development is considered innovate by the use of a curvilinear tower and the use of density through a previously-approved TDRs and Termination of Status of Nonconformity. Therefore, the proposal supports this CDC Section. Section 1-103.B.2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties. Surrounding properties are generally developed with a myriad of uses indicative of a tourist destination including overnight accommodations, retail sales and services, bars, nightclubs, outdoor recreation and entertainment, restaurants and attached dwellings. The proposed hotel will constitute an appropriate use for the neighborhood and is a targeted desired use within the Community Development Board — June 18, 2013 FLD2013-04015 — Page l6 Y C��u�1'1ttLel Level II Flexible DevelopmentApplication Review PLANNING&DEVELOPMENT DEVELOPMENT REVIEW DIVISION u . . 1`�"�'�a"<e, :. �.. . South Beach/Clearwater Pass District of Beach by Design. Surrounding properties will be enhanced through the addition of a use which will contribute to an active and vibrant street life. Therefore, the proposal supports this CDC Section. Section 1-103.B.3. Strengthening the city's economy and increasing its tax base as a whole. The proposal includes the redevelopment of what is essentially a vacant parcel in one of the more valuable areas of the City vis-a-vis tourism. The new hotel is expected to create approximately 300 new jobs and will positively contributing to the City's economy and its tax base. Therefore, the proposal supports this CDC Section. Section 1-103. D. It is the further purpose of this Development Code to make the beautification of the city a matter of the highest priority and to require that existing and future uses and structures in the city are attractive and well-maintained to the maximum extent permitted by law. The proposal includes a new attractive building characterized by a modern style and crisp, clean lines. This proposal meets the required minimum five-foot wide building foundation landscape area along South Gulfview Boulevard. The applicant has provided perimeter plantings most of the north and south sides of the site as well as along South Gulfview Boulevard. The landscape design incorporates plant material that is native and/or naturalized and salt tolerant, while providing visual interest. Medjool Date Palms are proposed along the front of the site to provide height and scale to the building. The pedestrian scale along South Gulfview Boulevard will be enhanced with accent shrubs and dense groundcover beds. The north and south sides of the building will be enhanced with Cabbage Palms and other salt tolerant vegetation to create a landscape that will contribute to the overall sense of place and be coordinated with Beach Walk improvements to provide a seamless feel between properties. The site will also be planted with silver buttonwood, plumbago, sea grape and sea oats. Therefore, the proposal supports this CDC Section. Section 1-103. E. 5. Preserve the natural resources and aesthetic character of the community for both the resident and tourist population consistent with the city's economic underpinnings. The proposal will support both the resident and tourist populations with a new hotel and a 10- foot wide sidewalk along South Gulfview Boulevard. The proposal will be consistent with regard to the desired form and function of the South Beach/Clearwater Pass District of Beach by Design and meets the Design Guidelines of that document. Therefore, the proposal supports this CDC Section. The proposal supports the General Applicability requirements of this Code as follows: Section 3-914.A.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 proposal includes a 230-unit hotel within a single 14-story building with 10 floors of guest rooms/suites above four floors of parking and assorted accessory uses such as restaurants, bar, gym, spa, ballroom and meeting spaces. The proposed hotel building has a distinctive contemporary design that will make it an attractive landmark at this location. From a bird's eye view, the 150-foot tall, tower portion of the building will look like a crescent or arc on top of the four-story base. The subject site is surrounded by a myriad of uses indicative of a tourist Community Development Board — June 18, 2013 FLD2013-040] 5 — Page 17 � Cl\.R� 1'1' RLI.l Level II Flexible Development Application Review DEVELOPMENr a�VIEW DI¢VISION . . . . �i �,.., �;. . . , . . . . destination including overnight accommodations, retail sales and services, bars, nightclubs, outdoor recreation and entertainment, restaurants and attached dwellings. The proposed hotel will constitute an appropriate use for the neighborhood and is a targeted desired use within the South Beach/Clearwater Pass District of Beach by Design. The proposal includes lush landscaping which exceeds the intent of the CDC and will complement and enhance surrounding properties. The 440 and 450 West attached dwelling condominiums towers are located to the south of this subject property and are 157 feet in height (each tower). Otherwise, the immediate vicinity is typified by buildings between two and nine floors. Therefore, the proposal supports this Code section. Section 3-914.A.2. The proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposal is, as discussed in relation to CDC Section 3-914.A.1, above, consistent with the character of adjacent properties and with the intent and vision of Beach by Design, the South Beach/Clearwater Pass District and the Design Guidelines. The applicant has shown through substantial competent evidence that the proposal is similar in nature vis-a-vis form and function to adjacent and nearby properties. As mentioned, this site is one of the few undeveloped properties on the beach with all other properties and specifically adjacent properties fully developed with a myriad of uses including mixed use, high-rise condominiums, resort hotels, outdoor recreation and entertainment, retail uses and other uses indicative of a tourist destination. The proposal will not impair the value of adjacent properties. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.3. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The proposal will likely have no effect, negative or otherwise, on the health or safety of persons residing or working in the neighborhood. Therefore, the proposal is consistent with this CDC Section. Section 3-914.A.4. The proposed development is designed to minimize traffic congestion. The proposal has been designed to have a minimal effect on traffic congestion. Naturally, the development of a resort hotel will increase the amount of traffic in the area. However, this expected increase in traffic has been mitigated with valet service for parking, adequate on-site stacking space and two methods of delivering vehicles to the parking levels (ramps and freight elevators). Therefore, the proposal is consistent with this CDC Section. Section 3-914.A. S. The proposed development is consistent with the community character of the immediate vicinity. As previously discussed, the community character consists primarily of a variety of uses including attached dwellings, outdoor recreation and entertainment, retail sales and service, hotels and motels and restaurants within multi-story attached dwellings between two and 15 stories. The proposal is for a 230-unit hotel within a single 14-story building on a four-story base. The bulks of the building will be contained with a curvilinear tower setback on the western portion of the on top of the four-story base. The modern architectural style of the building combined with lush landscaping will complement and enhance adjacent properties. Therefore, the proposal is consistent with this CDC Section. Community Development Board — June 18, 2013 FLD2013-04015 — Page 18 o rT�' } r PLANNING & DEVELOPMENT � C�l 11' �l�l Level II Flexible Development Application Review DEVeLOrMErrr xFV¢w Divisiox U . . . :�r f. .:. . Section 3-914.A.6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts on adjacent properties. The design of the proposed development minimizes adverse visual and acoustic impacts on adjacent properties. There should be no olfactory impacts of any kind. The bulk of the building will be situated along the west side of the site with structured parking located on the first three floors of the building. The primary active use area of the proposal will be the pool and patio area located primarily within the northwest quadrant of the site. A six-foot masonry wall is proposed along the south side of the consistent with the previously approved site plan as desired by residents of the attached dwellings adjacent to the south. Therefore, the proposal is consistent with this CDC Section. The proposal supports the specific Comprehensive Infill Redevelopment Project criteria of this Code as follows: Section 2-803.D. Comprehensive infill redevelopment projects. 1. The development or redevelopment is othenvise impractical without deviations from the use and/or development standards set forth in this zoning district. The site has largely sat vacant for approximately eight years. There have been four prior proposals to redevelop the site as either a hotel or as a combination attached dwelling and hotel. All of these proposals were approved by the City through the Level II Flexible Development application review process. However, due to market conditions and other variables the approvals have expired in due course. The current proposal is very much the same as the most recently approved site (FLD2008-08024) with only minor changes in the design of the building. There are no changes in the proposed intensity of the development as compared to the most recent approved proposal. In order for the proposal to effectively compete in the marketplace, the full complement of 230 hotel units must be used on site. In fact, one of the strategies of Beach by Design is to "optimize project densities" on the Beach. The number of units directly affects the form of the building vis-a-vis height, setbacks and area of floorplate. In order to create a viable hotel the requested level of flexibility is needed. Therefore, the current proposal which includes a single, 14-story building with 230 hotel units with associated accessory uses is a reasonably expected design solution. The proposed use is consistent with established uses on adjacent properties. Therefore, a reasonable conclusion is that the redevelopment of the site is otherwise impractical without deviations from the development standards as otherwise provided in the T District. Therefore, the proposal is consistent with this CDC Section. 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. The redevelopment of the site will be consistent with a variety of Goals, Objectives and Policies of the City's Comprehensive Plan as well as with the general purpose, intent and basic planning objectives of the CDC as examined in detail previously in this document. Therefore, the proposal is consistent with this CDC Section. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties. Community Development Board — June 18, 2013 FLD2013-04015 — Page 19 � Ll�l 1'ti�LL.I Level II Flexible Deveiopment Application Review DEVELOP&IENT REVIEW DIVI ION . . l��at�.;,._ As mentioned, all surrounding properties are developed with a variety of destination resort uses including overnight accommodations, restaurants, recreation, retail and attached dwellings between two- and 15-stories. The proposal includes 230 hotel units within a 14- story building. The proposal should have no impact on the ability of adjacent properties to redevelop or otherwise be improved. Therefore, the proposal is consistent with this CDC Section. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development. As discussed in detail, the proposal is similar to and will support adjacent uses. The proposed height is similar to the buildings adjacent to the south and comparable to other buildings in the area. In addition, the placement of the building, accessory uses and parking is similar to adjacent properties. Therefore, the proposal is consistent with this CDC Section. 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 neighborhood; and shall demonstrate compliance with one or more of six 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; As mentioned previously, the T district permits overnight accommodations as a minimum development use and the proposed use would reestablish a hotel on a site that has been effectively vacant since 2005. Therefore, the proposal is consistent with this CDC Section. 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. As mentioned, surrounding properties are developed with a variety of uses typical of a tourist destination including hotels, retail, restaurants, outdoor recreation and entertainment and attached dwellings. The proposed hotel will support and complement surrounding uses with regard to form and function. The proposal will have no effect on the ability of surrounding properties to be redeveloped or otherwise improved. Therefore, the proposal is consistent with this CDC Section. b. The proposed development complies with applicable design guidelines adopted by the city. As discussed in detail in this document, the proposal is fully compliant with all applicable portions of the Design Guidelines of Beach by Design. Therefore, this CDC Section is not applicable to the proposal. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area. Community Development Board — June 18, 2013 FLD2013-04015 — Page 20 � i�T9 + PLANNING & DEVELOPMENT � C�� I1'ctle� Level II Flexible Development Application Review DEVELOPMENT REVIEW DIV[SION � �.., : ; . The proposal provides for a use similar in bulk to the attached dwellings immediately to the south and in scale with other lower buildings in the area. This is accomplished through a significant stepback of the hotel tower towards the west side of the site and the placement of the four-story base closer to the east side of the site. The proposed hotel is a desired use on the Beach and will support surrounding uses such as retail, restaurants and out-door recreation and entertainment. Therefore, the proposal is consistent with this CDC Section. 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.; ■ Ijariety in materials, colors and textures; ■ Distinctive fenestration patterns; ■ Building stepbacks; and ■ Distinctive roofs forms. The architecture of the building provides for substantial articulation of the fenestration through the use balconies, railings, windows and a significant building offset which essentially places the bulk of the building on the western portion of the site. The tower's shape, a thin, tiered curve, will act as a focal point of views from the adjacent beach to the north visually linking the Beach Walk District and South Beach/Clearwater Pass Districts. The single largest feature of the building is the tower. This portion of the building is curvilinear in form resulting in a continuously curving fa�ade. The base of the building incorporates a series of articulations of the fenestration with the single longest fa�ade extending approximately 75 feet. Therefore, the proposal is consistent with this CDC Section. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. The proposal provides for a building, the form of which whether the four-story base along South Gulfview Boulevard or the tower on the west site of the site supports and complements surrounding development. The proposal includes a lush landscape that exceeds the intent of the CDC. The proposed building will be approximately 100 feet away from the adjacent building to the south. Property to the north has been developed as a City-owned surface parking lot. Therefore, the proposal is consistent with this CDC Section. Section 4-206.D.4: Burden of proof. The burden of proof is upon the applicant to show by substantial competent evidence that he is entitled to the approval requested. The applicant has adequately demonstrated through the submittal of substantial competent evidence that the request is entitled to the approval requested as required by CDC Section 4- 206.D.4. Code Enforcement Analysis: There are no active Code Compliance cases for the subject property. Community Development Board — June l 8, 2013 FLD20l 3-04015 — Page 21 qLl�.(�l 1`l' �l.t�l Level II Flexible Development Application Review DEVELOPMENT REVIEW D�IV� S ON � . . . . �3�x;�`� :` :.- . 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 Proposed Consistent Inconsistent Density 50 overnight 230 ovemight accommodation units Xl accommodation units (122.99 units per acre based on that per acre (93 units) portion of the site within the C District) Impervious Surface Ratio 0.95 0.91 x Minimum Lot Area N/A 81,450 sf (T District) X 25,954 sf (OS/R District - submerged) Minimum Lot Width N/A 236 feet X Minimum Setbacks Front: N/A East: 26 feet (to building) XZ Zero feet (to poRe cochere) 3 feet (to pavement) Side: N/A' North: Zero feet (to building) from XZ the Coastal Construction Control Line (CCCL) Balconies and sundeck one foot and eight feet, respectively, northward of the CCCL South: 4 feet (to building) XZ 1.5 feet (to pavement) Rear: N/A3 West: 1 foot (to building from XZ CCCL) Concrete patios, sun and pool decks and like accessory structures up to 28 feet seawazd of the CCCL Maximum Height N/A 150 feet above BFE to top of roof XZ deck4 Minimum N/A 335 valet-only parking spaces at 1.46 Xz Off-Street Parkin arkin s aces er hotel room � Per Termination oJ Status of Nonconformity under FLD2005-01005, FLD2005-05047, FLD2007-11034, FLD2008-08024, conversion calculations and Transfer of Development Rights under TDR2005-05022 Z See analysis in Staff Report 3 Setbacks are measured from the Coastal Construction Contro[ Line (CCCL) 4 Increased height mailable pursuant to Transfer of Development Rights and Beach by Design guidelines Community Development Board — June 18, 2013 FLD2013-04015 — Page 22 � p� �Tn +p4. PLANNING & DEVELOPMENT = C�.ti� 1't [tLl.l Level II Flexible Development Application Review nEVELOrMErrr xFV�w nrv�siox � ��� _ COMPLIANCE WITH FLEXIBILITY CRITERIA The following table depicts the consistency of the development proposal with the Flexibility criteria as per CDC Section 2-803.0 (Comprehensive Iniill Redevelopment Project): Consistent I 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 £ 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 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 O Distinctive roofs forms. I e. The proposed development provides for appropriate buffers, enhanced landscane desien and avvrovriate distances between buildin s. � See analysis in Sta,ff Report. Community Development Board — June 18, 2013 FLD2013-04015 — Page 23 ��l\.t�l ►1�6�1 Level II Flexible Development Application Review � _ e�`c>�.....,_... . � PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION COMPLIANCE WITH GENERAL APPLICABILITY STANDARDS: The following table depicts the consistency of the development proposal with the General Standards for Level One Approvals as per CDC Section 3-914.A: 1. 2. 3. 4. 5. 6. � 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 proposed development will not hinder or discourage development and use of adjacent land and buildings or significantly impair the value thereof. The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood. The proposed development is designed to minimize traffic congestion. The proposed development is consistent with the community character of the immediate vicinity. The design of the proposed development minimizes adverse effects, including visual. acoustic and olfactory and hours of operation impacts on adjacent properties. See analysis in staff report. Consistent Inconsistent X' X� X� X1 X' X' COMPLIANCE WITH BEACHBYDESIGNDESIGN GUIDELINES l. Section A: Density. 2. Section B: Height. 3. Section C: Design, Scale and Mass of Buildings. 4. Section D: Setbacks. 5. Section: Street-Level Fa�ades. 6. Section F: Parking Areas. 7. Section G: Signage. 8. Section H: Sidewalks. 9. Section I: Street Furniture and Bicycle Racks. 10. Section J: Street Lighting. 11. Section K: Fountains. 12. Section L: Materials and Colors. _ � See analysis in Staff Report. Consistent I Inconsistent X� X' X' X1 X' X' N/A' X� N/A1 N/A' N/A� X' SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of May 2, 2013, 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: Findin�s 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: Community Development Board — June 18, 2013 FLD2013-04015 — Page 24 a p�r�T }p4. PLANNING & DEVELOPMENT ; C L�1 ►'1'�Ll.l Level II Flexible DevelopmentApplication Review nEVeLOrMExraF.v�wnivisiox �� �>�,.-_ 1. The 2.45 total acres (1.87 acres zoned Tourist District; 0.58 acres zoned Open Space/Recreation District) is located on the west side of South Gulfview Boulevard approximately 500 feet northwest of Hamden Drive and directly south of Clearwater Beach; 2. On April 19, 2005, the Community Development Board (CDB) approved with 10 conditions Case Nos. FLD2005-01005/SGN2005-01016 for the (1) Termination of Status of Nonconformity for density to allow the continuation of an existing 217-room/unit hotel (where 74 rooms/units were permitted at that time) and for height to allow the existing 155- foot high building (where a maximum height of 150 feet is permitted today); (2) Flexible Development approval to permit a 217-room/unit overnight accommodation use with reductions to setbacks, an increase to building height to 155 feet (to existing roof deck) and a reduction to required parking from 217 to 201 spaces (existing) as a Comprehensive Infill Redevelopment Project; (3) Reduction to the required interior landscape area, as a Comprehensive Landscape Program; and (4) Comprehensive Sign Program approval (SGN2005-01016); 3. On August 16, 2005, the CDB approved with 18 conditions Case Nos. FLD2005- 05047/TDR2005-05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units existing to be converted to 104 dwelling units; where 56 dwelling units were permitted at that time); (2) Flexible Development approval to permit a mixed use of 112 attached dwelling units and 78 overnight accommodation rooms/units with reductions to setbacks, increases to building height to 100 feet for the overnight accommodation building tower and to 150 feet for the residential tower (to roof deck), a reduction to driveway spacing from 125 feet to 90 feet and a deviation to allow direct access to a arterial street, as a Comprehensive Iniill Redevelopment Project; and (3) Transfer of Development Rights (TDR2005-05022) of four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade; 4. On January 15, 2008, the CDB approved with 15 conditions Case Nos. FLD2007- 11034/TDR2005-05022 for the (1) Termination of Status of Nonconformity for density (217 overnight accommodation units; where 93 overnight accommodation units are permitted today); (2) Flexible Development approval to permit 230 overnight accommodation units with reductions to setbacks, an increase to building height to 100 feet (to roof deck) and to 150 feet (to roof deck) for two portions of the building, a deviation to allow direct access to an arterial street and to allow a two-year time frame to submit for a building permit, as a Comprehensive Infill Redevelopment Project; and (3) Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade; 5. On October 24, 2008, the CDB approved with 14 conditions Case Nos. FLD2008-08024 /TDR2005-05022 for the for (1) Termination of Status of Nonconformity for density (217 overnight accommodation units (as established by Cases FLD2005-01005, FLD2005-05047 and FLD2007-11034); where 93 overnight accommodation units are permitted today), under the provisions of Section 6-109; (2) Flexible Development approval to permit a 230-room overnight accommodation use (hotel) in the Tourist (T) District with a lot area of 81,450 square feet/1.87 acres zoned Tourist District (2.45 total acres; 0.58 acres of total acreage zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 2.5 Community Development Board — June 18, 2013 FLD2013-04015 — Page 25 � (' pr� �rn +p PLANNING & DEVELOPMENT : L Ltt� 1'TRLI.� Level II Flexible Development Application Review DEVELOPMENT REV�.W DIVISION � _ � feet (to building) and zero feet (to pavement), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a sidewalk 10 feet seaward of the CCCL, a side (south) setback of 16 feet (to building), 1.5 feet (to pavement) and zero feet (to privacy wall), a rear (west) setback of two feet (to building) from the CCCL and to permit concrete patios 13 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation (BFE) to top of roof deck and 296 valet-only parking spaces at 1.286 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.C, and three driveways where the two northernmost driveways are spaced 110 feet apart and the two southernmost driveways are spaced 18 feet apart, where 125 feet is required by Section 3-102 and approval of a two-year development order; and (3) including the Transfer of Development Rights of eight total dwelling units (being converted to 13 overnight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402. 6. The hotel was damaged beyond repair during Hurricane Jeanne in September 2005, was not reopened and was demolished on October 8, 2005, under BCP2005-09027; 7. The property is currently being used as a temporary parking lot as approved by the City; 8. The nonconforming status of the prior hotel density (230 units) has been determined to still be valid, even though the hotel was demolished, due to the status of the approval of Case Nos. FLD2007-11034/TDR2005-05022; 9. That the subject property is located within the Tourist (T) and Open Space/Recreation (O/SR) Districts and the corresponding Resort Facilities High (RFH) and Water Future Land Use Plan categories; 10. That the subject property is located in the South Beach/Clearwater Pass District of Beach by Design; 11. The subject property is comprised of one parcel with approximately 236 feet of frontage along South Gulfview Boulevard and 295 feet of frontage along the Gulf of Mexico; 12. The proposal is to construct a new hotel building on the property consisting of 230 overnight accommodation units; 13. The proposal includes three floors of parking for a total of 335 valet-only parking spaces at 1.46 parking spaces per hotel room; 14. The proposed building height is 150 feet from the Base Flood Elevation (BFE) to the highest roof structure; 15. The proposal includes a front (east) setback of 27 feet (to building), 22 feet (to edge of balcony), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet (to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL; 16. That portion of the building taller than 100 feet is separated from the 440 West condominium tower to the south by approximately 107 feet, which is in compliance with the Beach by Community Development Board — June 18, 2013 FLD20l 3-04015 — Page 26 } Clbt�� ►l (tLel Level II Flexible Development Application Review DEVeLOPMErrr �v�w nME s oN � .q �� �� Design requirement to have a minimum spacing of 100 feet between towers exceeding 100 feet in height; 17. The proposal includes a request for deviation to Beach by Design guidelines which require the floorplate of any building exceeding 45 feet in height be limited to a m�imum of 25,000 square feet between 45 — 100 feet and a maximum of 10,000 square feet between 100 — 150 feet, as the largest floorplate between 45 — 100 feet is approximately 13,879 square feet and between 100 — 150 feet is approximately 12,837 square feet, but the guideline allows deviations to these floorplate requirements provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelop allowance above 45 feet 18. That the proposal is otherwise fully in compliance with all applicable portions of the Beach by Design guidelines; and 19. There are no active Code Compliance cases for the subject property. Conclusions of Law The Planning and Development Department, having made the above fndings of fact, reaches the following conclusions of law: l. 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.D of the Community Development Code; 3. That the development proposal is consistent with the General Standards for Level Two Approvals as per Section 3-914.A of the Community Development Code; 4. That the development is consistent with the General Purposes of the Community Development including Sections 1-103.B, D and E.S; 5. That the development is consistent with the City's Comprehensive Plan including Policies A.1.2.1, A.32.1, A.5.5.1, A.6.1.2 and A.6.8.3 and Objectives A.5.5, A.6.1 and A.6.6; 6. That the application is consistent with the requirement for the submittal of substantial competent evidence as per CDC Section 4-206.D.4; 7. That the development is consistent with the South Beach/Clearwater Pass District of Beach by Design; and 8. 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 Flexible Development approval to permit a 230-room overnight accommodation use (including eight total dwelling units as converted to 13 overnight accommodation units previously approved and transferred under TDR2005-05022 with four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402 and 124 units which were the subject of a Termination of Status of Non-conformity under FLD2005-01005, FLD2005- 05047, FLD2007-11034 and FLD2008-08024) in the Tourist (T) District with a lot area of 2.45 acres (1.87 acres zoned Tourist District and 0.58 acres zoned Open Space/Recreation District), a lot width of 236 feet, a front (east) setback of 27 feet (to building), 22 feet (to edge of balcony), zero feet (to porte cochere), three feet (to pavement) and zero feet (to planter/art/fountain feature), a side (north) setback of zero feet (to building) from the Coastal Construction Control Line (CCCL) and to permit a balcony and sundeck one foot and eight feet, respectively, northward of the CCCL, a side (south) setback of four feet (to building) and 1.5 feet (to pavement), a rear (west) setback of one foot (to building), four feet (to gazebo) and zero feet (to Community Development Board — June 18, 2013 FLD2013-04015 — Page 27 � C��.i�� 1'1' c�lel Level II Flexible Development Application Review DEVEL MENT REVIEW DI�VIS ON i concrete patios, sun and pool decks and like accessory structures) from the CCCL and to permit concrete patios, sun and pool decks and like accessory structures up to 28 feet seaward of the CCCL, a building height of 150 feet above Base Flood Elevation to top of roof deck and 335 valet-only parking spaces at 1.46 parking spaces per hotel room, as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.D; approval of a two-year development order; and to allow the floor plate of the building above 100 feet to be up to 13,000 square feet where the maximum area is 10,000 square feet as provided by Section VII.B.3 of Beach by Design subject to the following conditions: Conditions of A�proval: General/Miscellaneous Conditions 1. That the final design and color of the building be consistent with the elevations approved by the CDB; 2. That there be no public/guest use of any roof 100 feet or higher; 3. That any future freestanding sign be a monument-style sign and that all signs be designed to match the exterior materials and color of the building; 4. That any freestanding signs be limited to the minimum permitted by the CDC with regard to area, height and number; 5. That issuance of a development permit by the City of Clearwater does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law; 6. That all irrigation systems be connected to the City reclaimed water system where available per Clearwater Code of Ordinances, Article IX., Reclaimed Water System, Section 32.376. Reclaimed water lines are available in the Gulfview Blvd rights-of-way; 7. That all other applicable local, state and/or federal permits be obtained before commencement of the development; 8. That the "ramp is not a part of this site plan and must be approved by others"; Timing Conditions 9. That application for a building permit be submitted no later than June 18, 2015, unless time extensions are granted pursuant to CDC Section 4-407; 10. That prior to issuance of permits for any proposed structures north and west of the Coastal Construction Control Line (CCCL), the applicant submit a copy of the Florida Department of Environmental Protection approval for that construction north and west of the CCCL; 11. That all applicable requirements of Chapter 39 of the Building Code be met related to seawall setbacks or variances obtained prior to the issuance of any building permits; 12. That sea-turtle friendly light fixtures be employed with the site design, with compliance demonstrated on plans acceptable to the Environmental Engineering Division, prior to the issuance of building permits; 13. That prior to the issuance of a Certificate of Occupancy, the sidewalk and any associated sidewalk amenities be installed to the satisfaction of City Staff along S. Gulfview Boulevard; 14. That prior to the issuance of Certificate of Occupancy that all required Transportation Impact Fees be paid; 15. That prior to the issuance of any permits, any applicable Public Art and Design Program Impact Fees be paid; Community Development Board — June 18, 2013 FLD2013-04015 — Page 28 ° p��J +pN ' PLANNING & DEVELOPMENT r C bul 1'1'�Ll.l Level II Flexible Development Application Review DEVaLOrMErrr�v�wnrvisiox 16. That prior to the issuance of any building permits the location and visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if located exterior to the building where visible from any street frontage, be shown to be painted the same color as the portion of the building to which such features are attached; 17. That prior to the issuance of any permits, any applicable Parks and Recreation impact fees be paid; 18. That prior to the issuance of any building permits, the Fire Department may require the provision of a Water Study performed by a Fire Protection Engineer in order to ensure that an adequate water supply is available and to determine if any upgrades are required by the developer due to the impact of the 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, then the water supply must be able to supply 150 percent of its rated capacity; 19. That prior to the issuance of any building permits, evidence be submitted to and approved by Staff which indicates that the proposed dumpster will meet the requirements of NFPA-1, 2009 edition by providing a one-hour separation and a fire sprinkler system for the protection of the structure. Such evidence will be required to have been designed by a fire protection engineer in addition to the architect of record detailing the one hour rating of the area in question; 20. That prior to the issuance of any permits all sub-standard sidewalks and sidewalk ramps adjacent to or a part of the project shall be shown on plans to be improved to meet the requirement of Local, State andlor Federal standards including A.D.A. requirements (truncated domes per FDOT Index #304); 21. That prior to the issuance of any permits, a site plan, accompanied by a stormwater vault maintenance schedule, signed and accepted by the owner, which provides stormwater vault specifications indicating that the vault provides water quality benefits is submitted to and approved by City Staff; 22. That prior to the issuance of any permits a grading and drainage plan is submitted which provides for City Staff acceptable levels of stormwater attenuation and that the design of the on-site stormwater facility satisfactorily provides a six-inch vertical clearance between the seasonal high water table and the bottom of the structure and ensures that the entire quality and attenuation volume shall percolate within 24 hours or less; 23. That prior to the issuance of any permit, all requirements of the General Engineering, Stormwater Engineering, Traffic Engineering and Fire Departments be addressed; 24. That prior to the issuance of any Certiiicate of Occupancy, all service lines onto the property shall be installed underground; Sidewalk Conditions 25. That the final location of the sidewalk along South Gulfview Boulevard be consistent with the plans approved by the CDB or as otherwise determined/required by City Staff; and 26. That the fit, finish, materials, installation methodology of the sidewalk and any associated sidewalk amenities (such as benches, trash receptacles, trees, lighting), as the case may be, be coordinated with and approved by City Staff prior to the issuance y permits. Prepared by Planning and Development Department Staff: �� Mark T. Parry, AICP, Planner III ATTACHMENTS: Photographs Community Development Board — June 18, 2013 FLD2013-04015 — Page 29 I � . �. __ - . Looking NW at the SE corner of the site across Gulfview Bivd. � ' ; �i�► : !' �r S li - yr r �M r� 1 " : '�R � ,:_ � 11 ■ Y i = ; � j , �+i � ■ MII "1 ; � : ;� �� I ;�-:��; z _._ y � � _ , ._ .. ., � � �, � � �: _ ; ;� � '', � �' ` �i�,';'.- �� �h APR 6 �"013 � � . . _e . I I.00king S along the east side of the site. .,� A :> ,�, 'J ,� �v r! � � � � � � � i i i �� � �� � i r rr ' �i M j;; j MM �r � " �'� M ��� � � I�ii � � � �::.-��.. , t ;1� t,�$,��� . , . . . r�t c 7:i � �n r munuu Looking S along the west side of the site. Looking SW from the NE corner of the site across Gulfview Blvd.. n�. . � t�i�� APR 26 2013 Looking SE at the NW corner of the site. Looking S along the seawall along the west side of the site. 430 GULFVIEW BOULEVARD FLD2013-04015 MARK T. PARRY 1655 Linwood Drive Tei: (727) 742.2461 Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com SUMMARY OF QUAUF/CATIONS A dedicatec�, AICP certified professional Planner focus�d on contributing to the field of Urban Plar�ning experienced in public and private sector planning. An excellent communicator, able to effectively interact with clients, local government officials and business professionals at all levels. Experienced in various aspects of urban design and planning, zoning regulations and permitting. OBJECTIVE To secure a Planning position which will allow me to continue improving the built environment and my community through sound and innovative planning and design principals. EDUCATION COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ B.S. Landscape Architecture Major, Urban Planning Certification B.S. Environmental Planning and Design Certificate Urban Planning Golden Key National Honor Society; Sigma Lambda Alpha American Planning Association (Florida Chapter); member AICP #020597 40-hour OSHA (Hazwoper) Training PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present 08/98 — 04/05 • Responsible for nonresidential and single/multi-family site plan review and permitting. • Assist in the implementation and subsequent review of the Community Development Code. • Responsible for assessing and writing Community Development Code amendments. • Land Development Code development, interpretation and application. • Provide, inspect and direct landscape review/design. • Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05. • Manage and direct Associate Planners. • Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation applications at in-house and public review meetings. . Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines. Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan. Senior Planner DEVELOPMENT 8� ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12 . Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Belleair. • Responsible for nonresidential and single/multi-family site plan review and permitting. • Perform site design and inspections. • Provide technical planning support for engineering department. • Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments. . Research and write Evaluation and Appraisal Reports. • Create and update Special Area Plans/Form-based Codes. • Provide CADD support. • Assist with creating redevelopment marketing material. . Perform technical environmental services including soil and groundwater sampling. Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9�92 - 6�98 • Founded and estabiished a local garden and landscape business. • Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD and photo-manipulation programs. • Develop and impiement advertising programs, brochures and graphics. • Estimate, bid and negotiate jobs. • Source and negotiate purchase of materials and equipment. • Manage, train and schedule installation crews. Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM, HOLMDEL, NJ . Assisted in formulating and running children's summer program ("Hayseed"). • Created and coordinated daily programs and schedules for 6-9 year old groups. • Supervised several other programs throughout the year. • Created a demand which was finrice the program's capacity after the first year. COMPUTER SKILLS 6/87 - 8/93 Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan, Excel, Cornerstone, AutoCADD, PowerPoint, Publisher � 430 S GULFV►E�y gLVp FLD2p13_04015 1 Ocean Prope��es LL Zoning: Tourist o Atias #: Planning & Development Department . ' �t�11'`' A.t��,i le Development Application � � Attached Dwellings, Mixed-Uses or Nan-Residential Uses IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, 5TAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. FIRE DEPT PRELIMARY SITE PLAN REVIEW FEE: $200 APPLICATION FEE: $1,205 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: Salt Biock 57, L.L.C. 1000 Market Street, Building One, Portsmouth, NH 03801 (561)279-9900 AGENT OR REPRESENTATIVE: E. D. Armstrong III MAILING ADDRE55: 311 Park Place, Suite 240, Clearwater, FL 33759 PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: (727)724-3900 earmstrong @hwh law. com 430 S. Gulfview Blvd. PARCEL NUMBER(S): 07-29-15-52380-000-0330 LEGAL DESCRIPTION PROPOSED USE(S) DESCRIPTION OF REQUEST: Speci�cally identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height setbacks, lot size, lot width, specific use, etc.): See Exhibit "A" attached hereto 230 Overnight Accommodation Units See Exhibit "B" attached hereto Planning 8� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fa�c: 727-562-4865 Page 1 of 8 Revised 01H2 4 LL ° �a�rwater �� U Planning & Development Department Flexible Development Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPUCATION CYCLE. • i ; � FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): Tourist (T) & OS/R RFH & R/OS Demolished Hotel & existing public parking PROPOSED USE (new use, if any; plus existing, if to remain): Hotel SITE AREA: 106,504 sq. ft. 2.45 (1.87T) acres GROSS FLOOR AREA (total square footage of all buildings): Existing: 42,601 sq. ft. Proposed: 75,617 Maximum Allowable: 106,504 sq. ft. sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there wili be multiple uses): First use: 75.617 sq. ft. Second use: Third use: sq. ft. sq. ft. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: •40 Proposed: Maximum Allowable: 71 1.0 BUILDING COVERAGE/FOOTPRINT (15` floor square footage of all buildings): Existing: 37,729 sq. ft. ( 35 % of site) Pro osed: 57,480 s ft. P q, ( 53 % of site) Maximum Permitted: 106,504 s ft. q, ( 100 / of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: 4,105 sq. ft. ( 3•$ % of site) Proposed: 8,325 sq. ft. ( 7-$ % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: 12,463 sq. ft. ( 12 Proposed: 9,108 sq. ft. ( 8�5 % of site) % of site) Planning 8� Development Depar6nent, 700 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 8 Revised 07/12 , � IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: 95% (parking lot) Proposed: 90.5% Maximum Permitted: 95% DENSITY (units, rooms or beds per acre): BUILDING HEIGHT: Existing: 21 � Existing: Proposed: 230 Proposed: Maximum Permitted: 230(w/TDR) Maximum Permitted: OFF-STREET PARKING: Existing: 201 (Adams Mark)/150 existing Proposed: 333 Minimum Required: 263 WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: �S/R South: T East: T West: OS/R/P 145.5' 155 150 STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and . to me and/or by accurate to the best of my knowledge and authorize City representatives to visit and photograph the . who is personally known has property described in this application. produced as identification. Signature of property owner or representative Notary public, My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 8 Revised 01/12 o � ������� Planning & Development Department Flexible Development Application � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED FLEXIBLE DEVELOPMENT (FLD) APPLICATION, ALL FLD APPLICATIONS SHALL INCLUDE A SITE PLAN SUBMITTAL PACKAGE THAT INCLUDES THE FOLLOWING INFORMATION AND/OR PLANS: ❑ Responses to the flexibility criteria for the specific use(s) being requested as set forth in the Zoning District(s) in which the subject property is located. The attached Flexible Development Application Flexibility Criteria sheet shall be used to provide these responses. ❑ Responses to the General Applicability criteria set forth in Section 3-914.A. The attached Flexible Development Application General Applicability Criteria sheet shall be used to provide these responses. ❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. ❑ If the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide that information required by Section 4-202.A.5. 0 If this application is being submitted for the purpose of a boatlift, catwalk, davit, dock, marina, pier, seawall or other si milar marine structure, then the application must provide detailed plans and specifications prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks. ❑ A site plan prepared by a professional architect, engineer or landscape architect drawn to a minimum scale of one inch equals 50 feet on a sheet size not to exceed 24 inches by 36 inches that includes the following information: ❑ Index sheet of the same size shall be included with individual sheet numbers referenced thereon. ❑ North arrow, scale, location map and date prepared. ❑ Identification of the boundaries of phases, if development is proposed to be constructed in phases. ❑ Location of the Coastal Construction Control Line (CCCL), whether the property is located within a Special Flood Hazard Area, and the Base Flood Elevation (BFE) ofthe property, as applicable. 0 Location, footprint and size of all existing and proposed buildings and structures on the site. 0 Location and dimensions of vehicular and pedestrian circulation systems, both on-site and off-site, with proposed points of access. ❑ Location of all existing and proposed sidewalks, curbs, water lines, sanitary sewer lines, storm drains, fire hydrants and seawalls and any proposed utility easements. ❑ Location of onsite and offsite stormwater management facilities as well as a narrative describing the proposed stormwater control plan including calculations. Additional data necessary to demonstrate compliance with the City of Clearwater Storm Drainage Design Criteria manual may be required at time of building construction permit. ❑ Location of solid waste collection facilities, required screenMg and provisions for accessibility for collection. ❑ Location of off-street loading area, if required by Section 3-1406. ❑ All adjacent right(s)-of-way, with indication of centerline and width, paved width, existing median cuts and intersections and bus shelters. ❑ Dimensions of existing and proposed lot lines, streets, drives, building lines, setbacks, structural overhangs and building separations. 0 Building or structure elevation drawings that depict the proposed building height and building materials. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 8 Revised 01/12 ❑ Typical floor plans, including floor plans for each floor of any parking garage. ❑ Demolition plan. ❑ Identification and description of watercourses, wetlands, tree masses, specimen trees, and other environmentally sensitive areas. ❑ If a deviation from the parking standards is requested that is greater than 50% (excluding those standards where the difference between the top and bottom of the range is one parking space), then a parking demand study will need to be provided. The findings of the study will be used in determining whether or not deviations to the parking standards are approved. Please see the adopted Parking Demand Study Guidelines for further information. ❑ A tree survey showing the location, DBH and species of all existing trees with a DBH of four inches or more, and identifying those trees proposed to be removed, if any. ❑ A tree inventory, prepared by a certified arborist, of all trees four inches DBH or more that reflects the size, canopy, and condition of such trees may be required if deemed applicable by staff. Check with staff. ❑ A Traffic Impact Study shall be required for all proposed developments if the total generated net new trips meet one or more of the following conditions: ■ Proposal is expected to generate 100 or more new trips in any given hour (directional trips, inbound or outbound on the abutting streets) and/or 1,000 or more new trips per day; or ■ Anticipated new trip generation degrades the level of service as adopted in the City's Comprehensive Plan to unacceptable levels; or ■ The study area contains a segment of roadway and/or intersection with five reportable accidents within a prior twelve month period, or the segment and/or intersection exists on the City's annual list of most hazardous locations, provided by the City of Clearwater Police Department; or ■ The Traffic Operations Manager or their designee deems it necessary to require such assessment in the plan review process. Examples include developments that are expected to negatively impact a constrained roadway or developments with unknown trip generation and/or other unknown factors. ❑ A landscape plan shall be provided for any project where there is a new use or a change of use; or an existing use is improved or remodeled in a value of 25% or more of the valuation of the principal structure as reflected on the property appraiser's current records, or if an amendment is required to an existing approved site plan; or a parking lot requires additional landscaping pursuant to the provisions of Article 3, Division 14. The landscape plan shall include the following information, if not otherwise required in conjunction with the application for development approval: ❑ Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and common names. ❑ Existing trees on-site and immediately adjacent to the site, by species, size and location, including drip line. 0 Interior landscape areas hatched and/or shaded and labeled and interior landscape coverage, expressed both in square feet, exclusive of perimeter landscaped strips, and as a percentage of the paved area coverage of the parking lot and vehicular use areas. ❑ Location of existing and proposed structures and improvements, including but not limited to sidewalks, walls, fences, pools, patios, dumpster pads, pad mounted transformers, fire hydrants, overhead obstructions, curbs, water lines, sanitary sewer lines, storm drains, seawalls, utility easements, treatment of all ground surfaces, and any other features that may influence the proposed landscape. ❑ Location of parking areas and other vehicular use areas, including parking spaces, circulation aisles, interior landscape islands a�d curbing. ❑ Drainage and retention areas, including swales, side slopes and bottom elevations. ❑ Delineation and dimensions of all required perimeter landscaped buffers including sight triangles, if any. Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 5 of 8 Revised 01/12 LL ° � ��rwater � Planning & Development Department Flexible Development Application � General Applicability Criteria PROVIDE COMPLETE RESPONSES TO EACH OF THE SIX (6) GENERAL APPLICABILITY CRITERIA EXPLAINING HOW, IN DETAIL, THE CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL. 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. See Exhibit "B" attached hereto 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. See Exhibit "B" attached hereto 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. See Exhibit "B" attached hereto 4. The proposed development is designed to minimize traffic congestion. See Exhibit "B" attached hereto 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. See Exhibit "B" attached hereto 6. The design of the proposed development minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. See Exhibit "B" attached hereto Planning � Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 6 of 8 Revised 01/12 LL ° � �a�rwater � Planning & Development Department Flexible Development Application � Flexibility Criteria PROVIDE COMPLETE RESPONSES TO THE APPLICABLE FLEXIBILITY CRITERIA FOR THE SPECIFIC USE(S) BEING REQUESTED AS SET FORTH IN THE ZONING DISTRICT(S) IN WHICH THE SUBJECT PROPERTY IS LOCATED. EXPLAIN HOW, IN DETAIL, EACH CRITERION IS BEING COMPLIED WITH PER THIS DEVELOPMENT PROPOSAL (USE SEPARATE SHEETS AS NECESSARY). i. See Exhibit "6" attached hereto � � 4. 5. 6. 8. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 7 of 8 Revised 01/12 PINELLAS COUNTY FL QFF. REC. BK 16097 PG 1399 � . . .. EJ�IT "A" � ' LEGAL DESCRIPTTON �� `, _ ,', _ � -- , . A t�act of land consisting of Lots 33, 34 and 35 and part of Lot 36, of LLOYD-WI�q3`�-� �', �� ``'�' SKINIVFR SLTBDMSION, ac�ording to map or plai theroof rocorded in Plat 13, pages Is,Bnd ,;� 13, of the Public R�ca�rds of Piaellas Cowety, Florida, and lands and submcrgod lands.lyi�; batwcen and Southerly, Soutliwesterty ar Westerly of the mean higi� watar m�ik"ac�d �thd.'• Bulkhead Line descn'bed in aad aet farth in Trustoes of the IntGrnal Improv�cmenE +�nd of tjic '•; State of Flaricls Diselaimer No. 22310, as reeorded in Ufficial Records Book 765, ��ge 542„'0�' the Public Re�ords of PiaeJlas Cotmry, Flc�ida, �aid tract being descn'bed ag �oKowss. �F�om'�tie Northan most eamer of said Lot 33, nm South 77° 4i'16" West, along the N�hw%osterly boundary of said Lot 33 and the Southwesterly extd�eion thercof� a� of 400y0Q fat to a pomt on thc Bulkhead Line dtscribed above; nm th�nce Southeasberly eloug,sai�l $till�head Lino alang a curve to the left (radius -1?A7.00 fect), an arc distance of 296J9 fe� {cliord besring - South 19° 07'S1" East); nm thence North b8° 55'2�" East, a�Stance of 402.14 fcet to a point on the Northeasterly boundary of said Lot 36; nm thence Nathi�staly aloag the Nartheasterly bowidaries of said Lots 36, 35, 34 and 33, which line ia a�urve to t�esiglir�radius _ g47,pp feet), ; an arc distanct of 235.76 feet (chord - 235.00 fxt, chor���ie,ar�pg��or�h"2Q° 17'10" West) to the Point of Bcginning. , -, �� � •' �' � � _ � � ,. , ,� �� � , , -- •'• � � _ ,; . , . , .� �` `� BEING THE SAME PROPERTY AS: ;;� ' � , �'� �"' �, �� A tract of land consisting af Lots �3���•al� 35,�;nd part of I.ot 36, of LLOYD-WHlTE- SKIlVNER SUBDIVISION� AccgrSiilg tb. �e �s.oi plat �f, as rxorded in Plat Book 13, Pages 12 aad 13, of the Publie,' Reco� of.Finellas Cotmty, Florida, aad Ianda and �binerged lands lying 'bctw�en aad Soutli�ly, �efithwcsoeily or Waauxly of the mean bigh water mazk and the Bulkhead Line de�ed in amd'set farth in T:usttea of tho Iatemal I�n�provcmcnt Fund of the State of Florida Disclaiittcr lyo;�22�1.0; as rxorded in Ot�cial Records Book 765. Pagc 542, of tho Public Raco�cls of �iipel�s'County; Flo�ida, said tiact t�eiag desexi'bod a follows: Begin at aa iron pin at the �T� �ca�'ner of said Lot 33 aad tho West right of-way margin of Gulf Vicw Boulevard, said �ioint ti�d� the��'nu Point of Bewnnin� said point being the PC of a curve to the left, having a riaaius of 84JA0 fat, and an are di� of 235.76 fee� thence nui along sa;d curve to the Ict�,���ong tho'V�est right-of-way margin of tiulf View Boulevanl, a chord bearing of South 20° P��O"' �as%�id a cha�id distawce of 235.00 foet to an inon pin; th�acx nm South 68° 55'��';�V6�es4 }2� a�distancx of.402.14 feet to ea imn pin� said point being the PC of a curve to the r2glrt; �a�uig' a Tadius of 1,247.00 fect, and aa arc distanc� of 296.79 fe� th�nce nm along said cieNa to t8� right, a chozd bearing of North 19° 07'S 1" West, and a chord distanee of 296.09 feet ��� to mr�4n �iif; thence run North 77° 41'16" East, for a distance of 4pp,pp feet to a point and baek ,�, to the �'ijue Point of Begim�ing. � ., „ . _ �490039q0 - N 1141376 v3 EXHIBIT "B" TO FLEXIBLE DEVELOPMENT APPLICATION FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECT Salt Block 57, L.L.C. 430 South Gulfview Boulevard Section B. Description of Request Request The subject property is the former Adam's Mark hotel site, located at 430 South Gulfview Boulevard. The Applicant and property owner, Salt Block 57, L.L.C., proposes to redevelop the property with 230 overnight accommodation units. The applicant is an affiliate of Ocean Properties, Ltd., the owner and operator of numerous hotels and resorts in North America and Canada (www.oplhotels.com). Specifically, the Appticant requests: 1. Inclusion of the previous Termination of Status of Nonconformity for density, 217 overnight accommodation units (as established by FLD2005-01005, and restated in FLD2005-05047, FLD2007-11034, and FLD2008-08024) where 93 overnight accommodation units (1.87 acres at 50 units/acre) are allowed by the current �oning (Tourist) and land use designation (RFH), under the provisions of Section 6-109, Clearwater Community Development Code ("Code"); 2. Flexible Development approval to permit 230 overnight accommodation units in the Tourist (T) District, with a. a Lot Area (zoned T) of 81,450 square feet; b. a Lot Width of 236 feet; c. a maximum height of 155 feet (to flat roof deck); d. a front (east) setback of zero feet to building (porte cochere) and zero feet to driveway; e. a side (north) setback of zero feet to building and zero feet to sidewalk; a side (south) setback of 3 ft. 7 inches feet to building and zero feet to privacy wall; g. a rear (west) setback from the CCCL of 2 feet to building (stairs) and a side (north) setback from the CCCL of zero feet to building (raised pool); h. 333 valet parking spaces, consisting of 278 spaces conforming to Code specifications and 55 tandem spaces; two southerly driveways having a spacing of 50 feet, where 125 feet is required by Section 3-102; and approval of a two year development order; as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2-803.0 of the Code; and 3. including the use of the Transfer of Development Rights of eight total dwelling units (being converted to 13 avernight accommodation units) previously approved and transferred under TDR2005-05022, including four dwelling units from 557 and 579 Cyprus Avenue, one dwelling unit from 625-627 Bay Esplanade and three dwelling units from 667 Bay Esplanade, under the provisions of Section 4-1402. HiStOry The property is the site of the former Adam's Mark Hotel which was built in 1975 and was a landmark at the southerly end of Clearwater Beach for almost 30 years. The hotel closed its doors after sustaining damage from Hurricane Jeanne in September, 2004, and on April 19, 2005, the Community Development Board approved a termination of nonconforming status as to density and granted flexible development approval for height (155'), setbacks, reduced parking and other existing nonconformities in order to allow the hotel to be renovated (FLD2005-01005). The hotel renovation never occurred due to economic reasons and site was subsequently sold and was approved for finro new redevelopment scenarios. The first was for 112 residential condominium units and 78 condo hotel units (FLD2005-05047), followed by several minor revisions and extensions; then, the January 15, 2008 approval for 230 overnight accommodation units which were to be in the form of a vacation/interval ownership type of use (FLD2007-11034); followed by the approval of 230 overnight accommodation rooms after the purchase of the property by the Applicant (FLD2008-08024). Anticipating the approved redevelopment, the previous owner demolished the Adam's Mark on October 8, 2005. Changes in the real estate market and changes in ownership have caused the Applicant, which purchased the property in December, 2007, to modify the proposed use of the property to overnight accommodations in the format of traditional hotel accommodations (rather than a hotel-condo or timeshare) and to proceed with permitting a buildable hotel. The proposed project is substantially similar to that which was approved in 2008. Proposed Use 2 The Applicant proposes to redevelop the site with a 230-room hotel that will attract tourists to Clearwater Beach. The property will include amenities, such as meeting rooms, spa, pool, restaurant and bar, all accessory uses to the hotel use. Parking for hotel guests and employees will be in a 3-story on-site parking garage, containing 333 parking spaces, which will be 100 percent valet parked. 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. West: The property is bounded on the west by the Gulf of Mexico. North: The adjacent property to the north is the public beach and City-owned property, including a public parking lot, which was recently renovated with Beach Walk improvements. The proposed development incorporates and extends the Beach Walk improvements adjacent to the project, through extension of a 10'- wide shell finish concrete sidewalk, use of decorative pavers and planting of Medjool Date Palms along Gulfview Blvd. East: The adjacent property to the east is an area of smaller mixed uses, including hotel, condominium, retail and restaurants. It is anticipated that this area will also be undergoing renovations, as are encouraged by Beach by Design's vision of Beach Walk. The height of the four-story base of the building is compatible with and reflects the scale of the buildings to the east across Gulfview Boulevard as those buildings are generally 4 stories. The "tower" portion of the proposed hotel is in a curved shape, oriented to the Gulf, such that it is stepped back from S. Gulfview. South: The adjacent property to south is occupied by 440 West condominiums, which consists of two towers of 157' in height. The proposed design is approximately one-half the mass of what previous approvals and the former Adam's Mark and will allow the 440 property a less dense neighbor and broader view than what could be constructed on site. The scale, bulk, coverage and density of the proposed project are in keeping with the Design Guidelines set forth in Beach by Design for projects including approvals of transfers of density and increased building height. The building mass is 36.17 percent of what is permitted by Beach by Design on the site. Please see the more detailed discussion of these criteria in response to Comprehensive Infill Criteria No. 6.b. in this exhibit. 3 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 projecfi will enhance this area of the beach in a number of ways, including: (1) Superior architectural design and lush landscaping which will visually enhance the neighborhood; (2) Construction which meets current land development Codes and the goal of Beach by Design to provide luxury resorts in the Beach Walk area (3) Excess parking and adequate stacking space and loading area, in order to eliminate any traffic congestion at the site and eliminate potential off-site parking in public lots. The parking is designed to accommodate hotel guests and staff, as well as provide adequate holding space for taxis and airport shuttles awaiting fares; (4) Beach Walk improvements incorporated into the site provide for a better pedestrian flow along South Gulfview than what currently exists; (5) Property value will significantly increase, as the current taxable value of the vacant parcel is $16,414,800 and the estimated project valuation is $50,000,000; (6) A hotel operated by Ocean Properties, Ltd., a well-known and reputable company, will attract tourists; (7) The hotel guests are potential clientele of nearby restaurants and other Clearwater Beach businesses; and (8) Design locates guest activity portions of the hotel toward the public beach to increase activity around the site. 3) The proposed development will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use. The Applicant will connect to the recently constructed concrete sidewalk in front of the hotel, creating a southerly extension of the Beach Walk, which will improve the pedestrian flow and safety along the westerly side of South Gulfview. The sidewalk will be interrupted by brick paver driveways as to call pedestrians' attention to the crosswalks for safety purposes. Adequate driveway stacking space at the hotel entrance and a separate driveway for delivery vehicle provide that vehicles do not back up into S. Gulfview, thereby minimizing traffic congestion and not blocking the sidewalk. 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. Fire Department Access shall comply with NFPA 1 Chapter 18 with Gulf View Boulevard serving as the access road, and more specifically that the access road will extend to within 50' of a single exterior door per 18.2.2.2, an approved route around the exterior of the structure measures not more than 450' from the access road and the building is equipped with sprinklers per 18.2.2.2.3.1 and 18.2.2.3.2. 4 4) The proposed development is designed to minimize traffic congestion. The City previously determined that a traffic study should not be required based on the prior approvals on this site for a similar project. There are a number of ways in which the project has been designed to minimize traffic congestian on South Gulfview Boulevard: (1) The driveway under the porte cochere will have a one-way north to south traffic flow. Vehicles will enter the two-lane driveway on the north side and drive in front of the hotel. All vehicles are serviced by valet. From this location under the porte cochere, the valet will drive directly into the parking garage without exiting to S. Gulfview. When guests depart, the valet will bring the vehicle out of the garage directly into north side of the porte cochere without accessing S. Gulfview, after which the guests will proceed in a southerly direction and exit the property onto S. Gulfview. The porte cochere driveway provides stacking space for 14 vehicles, as shown on the diagram attached hereto as Exhibit "C" — Page 5. Service and delivery vehicles will use a separate service drive on the south side of the property so as not to interfere with the valet operation in front of the hotel. (2) The parking garage will contain 334 parking spaces, including 58 spaces in excess of the minimum Code requirement for overnight accommodation use and the actual demand (as stated in the parking study included with this application}, as the Applicant desires to insure that all parking demands of the project can be accommodated on site. The parking garage will be 100 percent valet parked and will be adequately staffed such that all vehicles are efficiently parked without excess back-up. (3) It is estimated the timing of emptying the entire parking garage through the use of the garage elevators, such as in an evacuation situation, would be consistent with the evacuation orders issued by emergency personnel. 5) The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. The property is located within and at the northern end of the "Clearwater Pass District" of Clearwater Beach giving it a very visible location at the south end "Beach Walk." The proposed hotel has a distinctive design that will make it an attractive landmark at this location. The project is also consistent with the community character of the "Clearwater Pass District" which Beach by Design describes as an area of mixed uses including high rise condos and resort hotels. As to the immediate vicinity, to the west is the Gulf of Mexico and the parcel to the north is the public beach, public parking area and Beach Walk improvements. 5 The Applicant will extend the Beach Walk sidewalk southerly in front of the property. The parcel to the south is occupied by 440 West Condominiums, having a height of 157'. This development was built in 1975 and co-existed for 30 years with the 155' high Adam's Mark hotel. The proposed project is the same use as the previous use of the Adam's Mark Hotel and therefore, is consistent with the historical development pattern in this area of the Beach. The proposed project is of a superior architectural design to the prior Adam's Mark building and incorporates Beach by Design guidelines; having a signature property as the terminus to Beach Walk provides redevelopment to the entire vicinity and surrounding properties. To the east are mixed retail and overnight accommodation uses. This area is also expected to be affected and improved by Beach Walk and this redevelopment. Guests of the proposed project are prospective clientele of the retail and restaurant uses to the east. 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 at this south end of the public beach. The architectural style is a contemporary design which is appropriate and aesthetically pleasing for this beachfront property. As described in detail in General Applicability Criteria 4, the entrance driveways and parking garage design will keep vehicles off of the Beach Walk area. This will enhance and encourage the flow of pedestrians from the beach to the site or other properties to the south. The pool area will be located at the northwesterly area of the site, such that noise or visual distraction will not be a factor to the adjoining residential condominiums to the south and it will instead appear interactive with the public beach as guests will overlook the beach from the pool deck. 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 city approved the termination of non-conforming status as to the density of 217 overnight accommodation units and the existing height of 155 ft. (FLD2005- 01005) in 2005. Since then, the owner has submitted additional applications with different variations of the proposed redevelopment of the site. The proposed deviations from Code, which are discussed in detail below, are necessary and minimal deviations to Code without which the project cannot be C constructed at this location. The Applicant has designed the proposed redevelopment project to comply with Beach by Design guidelines to the fullest extent possible. The proposed redevelopment of this site into a hotel use is highly visible from Beach Walk and is an integral part of the City's vision of Clearwater Beach as set forth in Beach by Design as it provides overnight accommodation units, a luxury resort in the Beach Walk district, and incorporates the design guidelines. It is identified as a primary location for redevelopment and has been underutilized as a temporary parking lot Height The request for 150' when 100' is allowed by Code is consistent with the Design Guidelines of Beach by Design which provide for increased height in the event of a transfer of development rights to the property. This application includes the use of the 13 overnight accommodation units which were previously transferred to the site pursuant TDR2005-05022. There is a reasonable relationship between the height increase for the condominium and the 13 transferred units based upon other cases recommended for approval by staff and actually approved by CDB consistent with Beach by Design. There are 104 units located above 100', many of which are the luxury suites, which are the larger, more upscale units. There are three stories of parking which increase the height where the rooms are located, consistent with the Adam's Mark Hotel previously located on the site. Attached hereto on page A-0.05 and in color as exhibit "C" is an exhibit which shows the consistency with Beach by Design. Setbacks As to South Gulfview, the 4-story base of the building is set back 30 feet and the 150' tower portion, taking into account a 6' balcony, is set back 26 feet from S. Gulfview at its closest point. The deviation requested is for the overhang of the porte cochere which extends to the right-of-way in order to cover the entrance, valet parking and drop-off area. The setback reductions along the northerly and westerly boundaries will not be visually apparent due to the proximity of the public beach and waterfront location of the property, making the property line invisible. To the extent that there are projections on higher levels that reduce the setbacks, those projections are permitted pursuant to Code section 3-908. Relief from CCCL Setback The property is unique in that the CCCL wraps around the site and affects both the westerly and northerly boundaries. The Applicant has designed the site such as to have the pool, pool deck and sun terrace oriented to the public beach at the northwesterly corner of the site, which area is traversed by the CCCL on finro sides. Locating the pool at this area makes an attractive step down to the beach and keeps the pool area buffered from the neighbors at 440 West. No part of any buildings are located seaward of the CCCL however the boardwalk and 7 sundeck to protrude seaward of the CCCL by approximately 15 ft. The Applicant acknowledges that a permit from Florida Department of Environmental Protection is required for these structures, and if this permit is not issued, the structures shall not be built. The northern setback is zero feet to the CCCL and zero feet to pavement. The zero feet to structure is specifically on the western half of the property where the pool is located. To incorporate this portion of the building to the public space, the applicant has provided screening and landscaping. (See landscape plan submitted with this application). Driveway Spacinq Code Section 3-1402.B limits parking garages to "one entrance and one exit... per street". Code Section 3-102 calls for a minimum spacing of 125 ft befinreen drives. The proposed plan meets the limitation of one garage entrance and one garage exit per street. The spacing between the entrance and exit drives is 150 ft(> 125 ft minimum). The proposed plan, however, calls for a two-way service drive in addition to the porte cochere entrance and exit drives. Code Section 3- 1402.6 provides for additional drives if "determined necessary by the traffic engineer to alleviate congestion and improve traffic flow". The proposed design alleviates congestion and improves traffic flow both on the site and on S. Gulfview. The vehicles using the service drive would not need to wait in the queue for valet parking, thus alleviating unnecessary congestion at the drop-off drive. Additionally, the service drive offers a more direct route to the loading area/trash pick-up area leading to improved traffic flow allowing these vehicles to quickly exit S. Gulfview. The low volume anticipated for the service drive (10-20 trips per day), and the fact that the exit drive is one-way traffic, lessen the chance for conflicts with the service drive located within 50 feet of the garage exit per Code Section 3-102. Two-Year Development Order The Applicant requests a two-year development order due to market conditions and the extensive amount of time necessary to complete detailed construction drawings for the hotel. 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." The site is located in the Clearwater Pass District of Beach by Design which is characterized as "mixed use — high rise condominiums, resort hotels, recreation and tourist and neighborhood serving 0 3. 4. E uses." The Comprehensive Plan specifically incorporates Beach by Design and as stated previously, this application is consistent with and advances the objectives of Beach by Design. 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 Applicant will be the developer and operator of the proposed hotel so unlike other projects that were approved and then stalled prior to development while the owner sought an operator or developer, that is not the case. Adjoining properties will not suffer substantial detriment as a result of the proposed development. West: The property is bounded on the west by the Gulf of Mexico. North: The adjacent property to the north is the public beach and City-owned property renovated with Beach Walk improvements including public parking. The proposed landscaping and extension of sidewalk to the front of the proposed development incorporates and extends the Beach Walk improvements into the hotel project. East: The adjacent property to the east is an area of smaller mixed uses, including retail and restaurants. It is anticipated that this area will also undergo renovations, as are encouraged by Beach by Design's vision of Beach Walk. The inclusion of a luxury resort will bring new tourists to the community that will frequent the existing businesses. South: The adjacent property to south is occupied by 440 West condominiums, which are 157' in height and of similar scale to the former Adam's Mark. 440 West condominiums co-existed with the Adam's Mark hotel for its entire existence of 30 years. The extension of Beach Walk in front of the property will give 440 West residents easy pedestrian access to the north and the public beach access. Elimination of traffic congestion as previously described will improve traffic flow along South Gulfview for 440 West residents. The Applicant has included a screen wall and landscaping buffer along the southerly property line in response to the requests of the 440 West residents. 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 with adjacent characteristics the underlying future land uses, will not of the neighborhood; w�th one or more of the following a. The proposed use is perrr�itted 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. The proposed use meets several of these criteria. Overnight accommodations are permitted by the "Resort Facilities High" land use category and in the "Tourist" zoning district. Redevelopment of Clearwater Beach is a significant economic contributor to the City. Since 2004, the property has not contributed to the economy as it was closed to guests while the chain of owners worked with the City to permit a feasible project. This proposed use is an economic contributor by increasing the number of tourists to Clearwater Beach and encouraging patronization of local businesses. The proposed project will generate new jobs in the City of Clearwater which will include service and management jobs. The proposed use as overnight accommodations is characteristic of the neighborhood, as the Adam's Mark Hotel located at this site was a focal point of the southerly end of Clearwater Beach for many years. 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 disfirict. The proposed use is < approval. Surrounding north is not impacted. 10 use permitted in the Tourist zoning district without this properties are already developed. Public property to the b. The proposed development complies with applicable design guidelines adopted by the City. The proposed hotel is designed to meet the requirements of Beach by Design in scale, bulk, coverage, density and character. The 155' tall section of the project is oriented to the westerly side of the site and curved, such that it is not entirely visible from one building plane. The tower sits on a five-story base to provide a stepped massing in accordance with the massing requirements of Beach by Design (see massing exhibit included as part of Exhibit C). The project layout preserves some view corridors of the neighbors to the South and places the pool/recreational area at the northwesterly corner of project site to reduce noise transmission and visual distraction to the adjacent residential condominiums. The location of the units on the site provides all units in the project with water views and provides easy access for all guests to the public beach and nearby businesses. This project furthers the City's beach revitalization objective by providing tourist accommodations. The project's architecture and landscaping compliments the tropical vernacular envisioned in Beach by Design. Beach bv Desiqn VII A. Density. The proposed hotel is consistent with the vested rights of density plus transferred development rights. All units, including the TDRs are overnight accommodation units. Beach by Desiqn VII, B Height and Tower Separation The project consists of a five-story base structure (58-6" in height) under one tower which is 150' high measured from FEMA to the top of the main roof deck. Per Beach by Design VII B: "...the height may be increased, however to one hundred fifty feet (150') if': • Additional density is allocated to the development by transferred development rights as discussed previously (See Item 1 page 6). • B.2 (a) Tower separation: No "portions of the building structures which exceed one hundred feet (100) (in height) are spaced at least 100' apart." The nearest structure to the southeast (440 S. Gulfview Boulevard) is separated from the 100' plus portion of the proposed building by approximately 107'-6". See Exhibit C, page 1. •"500' rule": The Applicant chooses this Option 1 of B2 as "...no more than two (2) structures which exceed one hundred feet (100 j are within five hundred (500')..."for this project. See Exhibit C,_page 2. The floor plate of any portion of a building that exceeds forty-�ve feet in height is limited as follows: a) befween 45' and 100; the floor plate will be no greater than 25,000 square feet except for parking structures open to the public; and 11 b) between 100' and 150; the floor plate will be no greater than 10,000 square feet; and c) deviations to the above floor plate requirements may be approved provided the mass and scale of the design creates a tiered effect and complies with the maximum building envelope allowance above 45' as described in Section C.1.4. The floor plate between 45' and 100' is 13,879 square feet; and the floor plate between 100' and 150' is 12,837 square feet. The Applicant requests minimal relief from the 10,000 sq. ft. requirement above 100' as is allowed per Beach by Design. The stepback of the crescent-shaped tower and the thin nature of the tower reduces the overall mass and scale of the building and complies with the maximum building envelope of 60 percent as only 22.6 percent is actually occupied by the tower. See also responses to follow. Beach bY Design VI I C Desiqn, Scale and Mass of Buildinqs The concept of the building design is generated by the site and the opportunity to maximize waterfront views to all the guestrooms. The building's shape is a thin poetic tiered curve that acts as a focal point to the views from the adjacent beach and waterway. The curve acts as a"hinge" element that links the Beach Walk district from the South Beach/Clearwater Pass district. The materials and color of the building will support the streamline language of the architecture and its natural surroundings. Lush landscaping is included at the entire project perimeter to soften the architecture, and to provide shade at pedestrian walkways and to enhance the beachfront character at all sides of the project. By placing all automobile parking internal to the project, automobiles are not seen and the Beach by Design goal of a pedestrian oriented beach community is realized. The quantifiable aspects of the architectural vocabulary are as follows per Beach by Design: • Buildings with a footprint of greater than 5, 000 square feet. .. will be constructed so that no more than two of the three building dimensions in the vertical or horizontal planes are equal in lengfh. The building footprint is approximately 57,480 square feet. The building dimensions vary considerably so that no more two of the three building dimensions in the vertical or horizontal planes are equal in length. The project's overall horizontal plane dimensions are approximately: 212' wide along Gulf View Blvd, 300' deep along the north side, and 160' high from grade to the flat roof deck of the tower; none of these dimensions are "equal" (or vary by /ess than 40% of the shorter two lengths). In 12 addition to these overall dimensions, the building's modulated massing provides considerable dimensional variation. • No plane (or elevation) of the project "...continue(s) uninterrupted for greater than one hundred (100'). The tower portion of the building is crescent shaped creating a continuously curving facade and therefore, no plane is continuous for more than 30 feet. • At least sixty percent (60%) of any elevation will be covered with windows or architectural decoration. All of the elevations are provided with large windows or architectural decoration including: decorative grilles, stucco reveals, concrete eyebrows. The percentages of decoration on each of the exterior elevations are as follows, all exceeding the minimum requirement of 60%: • North elevation - 68% • East elevation - 61 % • South elevation - 62% • West elevation - 70% These percentages are noted on the architectural plans. • No more than sixty percent (60%) of the theoretical maximum building envelope located above 45' will be occupied by a building. The overall building mass from 45' to 155' (above FEMA) calculates to 21.7% of the theoretical maximum allowed building envelope. This is significantly less than the 60% maximum allowed building envelope. • The height and mass of buildings will be correlated to: (1) the dimensional aspects of the parcel proposed for development and (2) adjacent public spaces such as streets and parks. The height and mass of the building are correlated to the parcel and adjacent public spaces as described above. • The guideline for mixed use is not applicable. 13 Beach by Design VII D. Setbacks. The proposed design, while requesting setback relief for the porte cochere supports, otherwise meets the goals to provide a pedestrian path. The applicant proposes to purchase the city's metered lots adjacent to the site to provide a landscaped sidewalk area for people to traverse south from Beach Walk to the new improvements created south of the property. The side and rear setbacks are consistent and provide fire access. Beach by Design VII E Street level Facades The site is nonresidential and the drop off aisle is street level with entry to the hotel The desian of the buildinq is meant to "see through" as it primarilY has glass accents throuphout. The proposed porte cochere provides coverage for pedestrians and those arriving at the propertLr. Beach by Design VII F Parkinq Areas. Theparking is internal to a parking garage and is not visible from the street. Parking is by valet only minimizinq confusion as to public parking or quest arkin . Beach by Design VII G. Siqnaqe. The applicant will present a siqn plan subsequent to this approval. Beach by Design VII H. Sidewalks. See response to setbacks, above. Beach by Design VII I Street Furniture. The luxury resort will provide appropriate furniture and streetscapinq for its guests. Beach by Design VII J. Street liqhtina. The plans do not currently include street lighting_ Beach by Desiqn VII K. Fountains. The plan does not include a fountain. Beach by Design VII L. Materials and Colors. The qroposed development reflects a modern Florida design and incorporates materials as defined in Beach by Design with shell sidewalks soft colors and larqe windows. 14 c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; The proposed project is of a scale consistent with that of the Adam's Mark, which was an established landmark at this location for 30 years. The architectural style and compliance with design guidelines will support the emerging character of the area as envisioned by Beach by Design. The project's "contemporary coastal architecture" compliments the tropical vernacular envisioned in Beach by Design. 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. Many of these elements have been incorporated into the design as discussed in detail in response to Criteria 6.b. above. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Landscapinq Overall Landscaping: The landscape plan is in accordance with design guidelines set forth in Beach by Design and also Division 12 of the Landscape Development Standards. A Comprehensive Landscape Program is not required as the proposed landscape plan meets or exceeds Code requirements. All sight triangles have been indicated and will only contain low shrubs or groundcover Gulfview Boulevard: Compliance with the Beach by Design criteria has been plan to include specialty paving and street furniture as Medjool Date Palms will be planted approximately 35' on 10' sidewalk. North Property Line: 15 noted on the planting requested. Preferred center adjacent to the The north property line is adjacent to the existing beach and also the public parking lot. All plantings consist of native species. A row of Sea Grape, clusters of Cabbage Palms, Silver Buttonwood and Sea Oats are proposed along this property line to soften the northern edge of the project and provide a natural experience. Seawall: A lower level sun terrace is proposed behind the seawall and will incorporate above-ground, decorative landscaping. South Property Line: A row of 14' Cabbage Palms on 12' centers combined with a hedge of native Sea Grapes, planted 4' on center, will provide screening of the service area along the south property line. Some additional clustered Cabbage Palms combined with Silver Buttonwood and Sea Oats have also been added where space allows along the western end of the south property line to soften that portion of the proposed building. Distances befinreen Buildinqs The distances beiween buildings have been discussed in response to Beach by Design guidelines as set forth in Criteria 6.b. ******���*********** The following are additional criteria: Termination of Non-conforminq Status The Applicant seeks to continue the termination of non-conforming status, in accordance with Section 6-109 of the Code, to allow the density of 217 hotel rooms at 155 feet in height on the site that was previously granted in 2005. The termination of nonconforming status of the use of 230 density units and structure, was granted by the City in 2005 pursuant to FLD2005-01005 prior to the demolition of the Adam's Mark Hotel. 5/10/2013 11:00 AM 49062.114967 1387840_1 16 -� �. � Response to Comments FLD2013-04015 -- 430 S GULFVIEW BLVD Engineering Review: Prior to Community Development Boaxd: 1. As per Section 3-1909, Easements, Section D, no permanent structures shall be located in an easement. Please show the easement on Sheet C3 of the civil site plan to demonstrate compliance. Structures are not proposed in the easement. The approximate location of the easement is shown on Sheet C-4. 2. On Sheet A0.01, the graphic labeled Beach Transition implies that a structure may be proposed for the public beach. Please provide more information. There is no structure proposed. The Applicant proposes to use a sloped sand approach from the beach Prior to Building Construction Permit: 1. 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. Acknowledged. 2. As per Clearwater Code of Ordinances, Article IX., Reclaimed Water System, Section 32.376, Use of potable water for irrigation is prohibited, no person shall use potable water for irrigation through a new or existing lawn meter on property where reclaimed water distribution facilities are available. Reclaimed water is available in Gulfview Blvd. Acknowledged. Available reclaimed water will be used for the irrigation source. Prior to Certificate of Occupancy: 1. The Owner shall submit one set of as-built drawings signed and sealed by a State of Florida Registered Professional 1 s . � Engineer for the installation of all water, sanitary sewer and storm strnctures installed at the site. These drawings shall be sent to the Engineering Department, Municipal Services Building, 100 South Myrtle Avenue, Room 220. The City inspector will field verify the submitted as-builts for accuracy. Once the Owner has a set of City approved as-builts, the Owner shall provide a total of five sets of as-builts to the City and a Certificate of Occupancy shall be issued. Acknawledged. General Notes: 1. Sheets C2-C3 and A0.01 were reviewed for General Engineering criteria. The additional details provided in the plan set may have been necessary for other departmental reviews to provide flexible development approval. Construction details shall be reviewed more thoroughly prior to receipt of the building permit. Acknowledged Environmental Review: General Note(s) 1. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged. 2. No light shall be visible or extend in areas identified as Sea Turtle Nesting Areas during the nesting season (May 1 to October 31). Those areas where security and public safety require lighting, alternative light management approaches shall be applied. Provide evidence of sea turtle-friendly lighting in accordance with City code and state laws prior to the issuance of building permits. Acknowledged. See note on Sheet C-3. 3. The property owner shall be advised that Florida Statute (Subsection 161.053) prohibits construction of structures seaward of the Coastal Construction Control Line (CCCL), excavation and removal of beach material, alteration of existing ground elevations, damaging sand dunes or vegetation growing on them. Any alteration seaward of the CCCL require approval from the City and a permit from the Florida 2 Department of Environmental Protection (FDEP). Please acknowledge prior to Development Order or Community Development Board. Acknowledged. 4. Prior to issuance of building permit, provide stormwater vault specifications showing the vault provides water quality benefits and provide a vault maintenance schedule that has been signed and accepted by the owner. Acknowledged. Fire Review: 1) Must meet the requirements of NFPA-1, 2009 edition Chapter 18 Fire Department Access and Water Supply 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). Must show on the plan how Fire Department Access around this facility including the deck area, no stairs are shown on the south side Sheet C3 has note to address condition incorrect year (2004) used to NFPA-1, show 2009 edition (Florida version) and show fire firefighter route around structure. I recommend a separate plan showing Fire Department Access as it also appears to have a zero lot line and plan indicates using other property for your Fire Department Access. Flexible Development Application under General Applicability Criteria: Note Property to the North is public beach and City- owned property; please provide documentation that this area has some cross access agreement with the City of Clearwater, same issue to the South with 440 West Condominiums. Please PROVIDE CLARITY & ACKNOWLEDGE PRIOR TO CDB. A fire access path is provided on Sheet C4. No cross easement — need to show where fire truck is sitting. 2) Sheet C3 shows the location of the Fire Hydrant marked as existing, must provide proper clearances around the Fire Hydrant to meet the requirements of NFPA-1, 2009 edition (Florida version) 18.3.4.1 Clearances of 7 1/2 feet in front of and to the sides of the fire hydrant, with a 4 foot clearance to 3 the rear of the hydrant are required to be maintained as per NFPA-1. This area is very busy with the double detector check valves ACKNOWLEDGE PRIOR TO CDB. Fire hydrants have been adjusted to provide the required clearances. 3) NFPA-1, 2009 edition (Florida) 18.3.4.2 First Protection Appliances — Clearances of 7'/: feet in front of and to the sides of the appliances, Appears no access to the Fire Department Connection as the double detector check valves are blocking access to the Fire Department Connection. ACKNOWLEDGE PRIOR TO CDB. The plans have been updated to meet the clearance requirements. 4) Sheet C3 shows new Fire Hydrant Assembly, as this building is constructed with a Standpipe System it will be required to install a minimum of two (2) Fire Department Connections. The area to the North of the New Fire Hydrant Assembly may be an area that a Free Standing Fire Department Connection as long as this is on your private property; one of the two Fire Department Connections may be a wall mount type. ACKNOWLEDGE PRIOR TO CDB A second FDC is included in the plans. Comment is acknowledged. See Sheet A-1.5 for wa11 mounted fire department connections. 5) Fire Department Connections shall be identified by a sign that states "No Parking, Fire Department Connection" and shall be designed in accordance with Florida Department of Transportation standards for information signage and be maintained with a clearance of 7 1/2 feet in front of and to the sides of appliance as per Florida Fire Prevention Code 2010 edition. ACKNOWLEDGE PRIOR TO CDB. Please see the notes on Sheet C-4. See Sheet A-1.5 for wall mounted fire department connections. 6) Where underground water mains and hydrants are to be installed, they shall be installed, completed, and in service prior to construction as per NFPA-241. � All underground fire lines and hydrants must be installed by a contractor with a class 1,11 or V license. ACKNOWLEDGE PRIOR TO CDB Acknowledged. Please see the notes on Sheet C-4. 7) Must Comply with Ordinance No. 7617-06 Radio System Regulations for buildings, install 911 Radio Repeater / Antenna Booster System ACKNOWLEDGE PRIOR TO CDB Acknowledged. Please see the notes on Sheet C-4. Radio System for building shall comply. More information to be provided during permitting. Fire Review 8) This building is determined to meet the criteria of a High Rise Building as defined by the Florida Fire Prevention Code, 2010 Edition; therefore the requirements of a High Rise structure must be met. These requirements include, but are not limited to Fire Code items such as: Fire Pump and generator if pump is electric, sprinkler system throughout with control valve and water flow device on each floor, Class I Standpipe System, Fire Alarm using voice/alarm communication, Central Fire Control Station, firefighter phone system, Emergency lighting, and Standby Power as per NFPA 70, Pressurized Stairwells, Stairwell marking and Elevator Lobbies. ACKNOWLEDGE PRIOR TO CDB. Acknowledged. Please see the notes on Sheet C-4. See Sheets A-2 and A-3 for location of Emergency Generator and Fire Pump Room and located above BFE. Building sha11 comply with Fire Protection Code and will provide more information during permitting. 9) Plan shows the Fire Command Room, Please show the location of the Fire Pump Room, must be in a separate two hour room above Base Flood Elevation..ACKNOWLEDGE PRIOR TO CDB Acknowledged. See Sheets A-2 and A-3 for location of Emergency Generator and Fire Pump Room and located above BFE. Building shall comply with Fire Protection Code and will provide more information during perrnitting. �., 10) Show the location of the Emergency Generator. An emergency generator is required as a backup source of power for elevators and fire pump. Must be located above BFE. Emergency lighting should also be connected. ACKNOWLEDGE PRIOR TO CDB Acknowledged. See Sheets A-2 and A-3 for location of Emergency Generator and Fire Pump Room and located above BFE. Building shall comply with Fire Protection Code and will provide more information during permitting. 11) 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 are required by the developer due to the impact of this project. Calculations / Water Study due ACKNOWLEDGE PRIOR TO D.O. Acknowledged. Fire flow calculations are included with this resubmittal. 12) Plan is unclear on parking structure, please show if this will be an open or closed parking structure meeting the requirements of NFPA 88A Standard for Parking Structures 2007 Edition Acknowledged. 13) Please add note to describe this structure as it appears to have limited access to the west side, see NFPA-101, 2009 edition (Florida) Chapter 11 Special Structures and High-Rise Buildings it is so noted to be a High Rise Building, 11.4 Water- Surrounded Structures./11.7 Underground and Limited Access Structures. Acknowledged. 14) Note: This is a D.R.C. approval only. Other issues may develop and will be addressed at building permit stage. Such as How will the cooking equipment for the kitchen be vented, exiting, signage Acknowledged. G Land Resource Review Parks and Recreation Review: Parks and Recreation Review: Prior to building permit: 1. A tree removal permit will be required for the removal or relocation of the seven Sabal Palms. Acknowledged. 2. Any and all erosion and siltation control measures must be shown on demo plan. Acknowledged. Erosion control measures are shown on the demo plan Notes: 1. If the Palms are removed, rather than relocated on the site the landscape plan proposes an excess of replacement inches. Acknowledged. Open space/recreation impact fees are due prior to 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. Acknowledged. Provide additional detailed construction information on proposed sand ramp from beach to deck level. No construction details are available as it is not a"structure". This will be permitted through the State as the creation of a sand structure in conjunction with the City Parks Department. Planning Review: General Site Plan and Application Comments 1. The application (page 2 of 8) provides that the site is within the T district and the RFH FLUP category when the site is within the T and OS/R districts and RFH and R/OS categories (1.87 and 0.58 acres, respectively). Please revise the application. Break this out in the site data table in the site plan set on Sheet A0.01 as well. See revised application and revised site data table. 7 2. The index sheet of the site plan set does not include Sheet A-0.05 in the list of contents although the sheet is included. Review the cover sheet accordingly. See revised index sheet. 3. Page 3 of 8 of the application provides that the existing height is 145.5 feet. The site does not have a building on it so the existing height is technically not applicable. The site is subject to the vested rights which were granted pursuant the termination of nonconforming sta.tus granted by FLD2005- 05047. See revised site data table which shows the vested rights, the existing conditions, and the proposed conditions. 4. The site data table on Sheet A0.01 provides that the density is 220 units plas 13 TDR units for a total of 230 units. That should be 217 units plus 13 TDR units for a total of 230 units. See revised site data table. 5. Clarify what the series of boxes are along the front of the site along the front east side of the site - some of them extend off the site into the public right-of-way. The portions which extend into the right-of-way need to be removed. These have been removed from the plans. Rather, this area is highlighted to show where the Applicant intends to locate public art. 6. Clarify the portion of the request (Exhibit B) which states that the front setback is to be reduced to zero feet to porte cochere. It appears that the porte cochere is at 15 feet which meets code, the driveway is at 10 feet which also meets code and whatever those boxes are at zero feet. Provide a dimension from the front (east) property line to the porte cochere. The plans have been revised to reflect that the porte-cochere has four columns located along the east properiy line with zero setback. See Sheet A-1.5. 7. Clarify what the object is at the northeast corner of the building - it extends slightly past the CCCL (which runs along the north and west sides of the site). 8 The objects are balcony projections which are 20'-0" above the CCCL. See Sheet A-0.01 for clarification between building envelope and balcony line. 8. The existing use is technically a non-residential off-street parking facility not a demolished hotel. The site is subject to the vested rights which were granted pursuant the termination of nonconforming status granted by FLD2005- 05047. See revised site data table and application which shows the vested rights, the existing conditions, and the proposed conditions. 9. Clarify how there is 42,601 square feet of existing floor area when there is no building on the site (page 2 of 8 of the application). The site is subject to the vested rights which were granted pursuant the termination of nonconforming status granted by FLD2005- 05047. See revised site data table and application which shows the vested rights, the existing conditions, and the proposed conditions. 10. Clarify if the amount of ISR is based on the portion of the site within the T district or the entire site (page 3 of 8 of the application). Keep in mind that only the portion of the site within the T really provides any intensity of use including ISR. The Site data table and application have been updated appropriately. 11. Clarify how the existing vehicular use area is only 12 percent of the site when it appears that the entire site (within the T district) or nearly so is a parking lot (page 2 of 8 of the application). The site is subject to the vested rights which were granted pursuant the termination of nonconforming status granted by FLD2005- 05047. See revised site data table and application which shows the vested rights, the existing conditions, and the proposed conditions. 12. Clarify if the proposed vehicular use area is shown on the application as a percentage of the entire site or just the portion of the site within the T district. The vehicular use axea is calculated based upon the entire site. 0 13. Clarify where employees are anticipated to park. Employee parking shall be located on Parking Level P3. 14. Provide elevations along all sides of the site. It was a bit surprising that front (east) elevations were not provided. See elevations included on Sheet A10 — A17. 15. Clarify the height of the building. The application states that the proposed height is 155 feet (Exhibit B) however, there is an additional 19 feet of some sort of building feature shown. Clarify what this portion of the building is. Bear in mind that the maximum height as measured from BFE to the top of the roof deck or midpoint of the peak of the roof, as the case may be, is limited to 150 feet per Beach by Design Section VII.B Design Guidelines. Height. In addition, please remember that an additional 16 feet may be provided for mechanical equipment and four feet for a parapet wall. Page 11 of the narrative is the only spot where a height of 150 feet is mentioned - elsewhere it is stated to be 155 feet. Please correct. The plans have been revised to reflect the height of the building to be 150 feet from the BFE which is taken from VE 16' NGVD flood zone. 16.On page 11 of the narrative, as well as elsewhere, references to Exhibit C are made but this exhibit does not seem to be included in the application. This needs to be provided. Exhibit C has been incorporated into the Architectural Plans in the Sheet series A-0.05 thru A-0.09. 17. Clarify the location of the porte cochere canopy. Several times in the application and narrative, it is mentioned that the canopy extends to the east (front) property line but the site plans show the canopy extending to the required setback line. It does not appear that the canopy will encroach into the required setback. The plans have been revised to reflect that the porte-cochere has four columns located along the east properly line with zero setback. See Sheet A-1.5. 18. Provide typical dimensions for the parking spaces on Sheets A-1 and 1.5. 10 Acknowledged. See revised plans Sheets A-1 and 1.5. 19. Clarify and dimension the one required loading space. See revised plans Sheet A-1. 20. Clarify the number of proposed parking spaces. Sheet A-1 shows a total of 168 spaces where I count 165 spaces, Sheet A- 1.5 provides 142 spaces and Sheet A-2 provides 24 spaces which totals 334 spaces where the application (page 3 of 8) provides that there are 370 spaces. I count a total of 331 spaces. See revised plans Sheet A-1, A-1.5, A-2. 21. Staff has determined that re-requesting the Termination of Status of Nonconformity and the TDR are not required therefore references to these requests and their accompanying criteria can be removed from the narrative. Acknowledged. See revised narrative and application. 22. Clarify if signage is proposed at this time. Please keep in mind that signage will have to meet the requirements of Code. There is no signage proposed at this time. The applicant will separately submit a sign application, as appropriate. 23. Provide required sight visibility triangles on the site plan. Triangles are shown on the landscape plan at the driveway entrances but not on the engineering site plans. They also need to be shown on the west side of the site at the seawall. It appears that structures encroach into the required sight visibility triangles at the northwest and southwest corners of the site as well as on the south side of the northernmost driveway. Clarify what the objects are within the sight visibility triangles and their height. See revised plans Sheet C3. 24. In the T zoning district, brick or other masonry walls or walls with masonry columns linked by substantial grillwork shall be permitted to a maximum height of six feet in a required front setback. Clarify the location, heights and materials of all proposed fences/walls. There was a comment in 11 a previous staff report which stated that in response to 440 West condominium resident requests in order to mitigate negative views and noise from the loading area, the applicant is proposing a siz-foot high wall along a portion of the south property line. Clarify if that is still the case. See sheet A-1 which ca11s out for a 6'-0" high masonzy wall located along the south side property line. 25. Clarify where mechanical equipment will be located and how it will be screened. See revised plans. 26. Provide a breakdown of floor area with regard to accessory uses such as restaurant, bar, meeting space, ballroom, etc. Bear in mind that the area that may be occupied by such accessory uses is limited to 15 percent of the gross floor area of the building (less parking garages, stairwells and elevator shafts). This amount may be increase to 20 percent; however, the parking required for any portion of accessory use over 15 percent will need to be provided on-site. See Sheet A-0.01 for breakdown of floor area with regards to accessory which shows that it is less than 15% of hotel gross area. 27. The architectural plan set appears to skip levels 0300, 0400 and 0600 through 0800, 1000 and 1100 and 1300 and 1400 (although it is assumed that, bending to superstition, there is no floor labeled 1300). Please clarify and amend as needed. Please also provide the room count per floor. Additional sheets have been added to clarify missing floors. 28. Sheet A-9 provides Section A although this section is not labeled on any of the site plans. Please revise accordingly. Section marks have been placed on a11 floor plan sheets. 29. Sheet A-10 provides a Pool Deck Section although this section is not labeled on any of the site plans. Please revise accordingly. See revised plans. Section marks have been placed on all floor plan sheets. 12 30. Clarify that Parking Level 0000 on Sheet A-1 is below grade. Parking Level P1 sha11 be at grade with an elevation of 3'-6" ngvd. 31. Clarify how the lower Sundeck (Sheet A-1.5) and the area labeled as Sand Bar Below (Sheet A-2) work. It appears that they occupy the same space. Plans have been coordinated to clarify this space to be Lower Sundeck. See Sheets A-1.5 and A-2. 32. Please provide a narrative regarding the architectural style of the building and details such as color, architectural details, materials, etc. See revised Exhibit B. 33. It appears as though the street trees (sabal palms) are to remain with the proposal. Please confirm this. There are sabal palms included in the landscape plan. 34. Clarify if the balconies extend out farther than the footprint of the building or if the shown footprint (as provided on various sheets) encompasses the balconies. If the balconies extend farther than the footprint and are not portrayed in the application, please provide an additional sheet that shows all building projections. The balconies project 6'-0" form the building footprint and have been clarified on sheets A-0.01. 35. Clarify what the Beach Transition feature is. If this is a physical structure, please keep in mind that is extending well off the property onto City property and will not be permitted. The beach transition is a way to incorporate the hotel into the public beach and provide amenities to both guests of the hotel and the general public. It is proposed to provide a sand ramp that will allow beach goers to seamlessly enter the property rather than have to use stairs which will separate the property from the public areas. 36. Clarify how the Sundeck and pool decks work - it is assumed that they are cantilevered out over the water. 13 Sundeck and pool deck to be cantilevered. More structural information to be provided at the time of permitting. 37. Clarify that all utilities serving the site will be located underground. It appears that there are no existing overhead utilities. Utilities serving the site will be underground as noted on Sheet C$. 38. Clarify how solid waste and recycling will be handled. A Trash chute system shall be provided within the building's service core. This will have a collector bin system on the Parking level one. See Trash Chute Room 002 on Sheet A-1. 39. Clarify how Policy A.1.2.1 of the Future Land Use Element of the Comprehensive Plan will be addressed. The operator of the hotel will implement a hurricane evacuation plan consistent with the intent to evacuate transient users pzior to mandatory evacuations. 40. There was a condition of approval of a prior application which inclnded that evidence of a filing of a Unity of Title be provided to the City. Clarify the status of this. It is unclear why a Unity of Title would be required or the intent of this prior condition. The site is one site — not subject to that Code section. 41. With regard to the 40-foot encroachment past the CCCL for the concrete decking, it is noted that the most recent site plan approval maintained development landward of the CCCL with the exception of what appears to be some landscape planters. The requested encroachment is not supported by Staff because there have been no recent permitted encroachments outside of narrow access boardwalks is association with single-family homes for the purposes of environmentally sensitively traversing existing sand dunes. The plans have been revised to minimize the encroachment; however, the CCCL by statute is not in a"no-build" line, but rather provides specific construction requirements. The Applicant proposes a Sundeck azea which is a necessary component of a lu�ury resort. 14 Planning Review: General Applicability Criteria Comrnents 42. Criterion 1- Clarify the floor at which the building steps back. The narrative (page 3) states that the building has a five- story base bat it appears that it is really a four-story base as the building steps back at the fifth floor. A reference is made regarding a currently approved project. There are no currently approved projects associated with the site - they are all expired. A more accurate phrase would be previously approved. Please clarify. See revised application. 43. Criterion 2- On page four of the narrative it is mentioned that one enhancement is constrnction which meets current building Codes. Clarify how that is a particular enhancement since all new construction mast meet current building codes. That may be the equivalent to stating that the project will include enhanced landscaping as all plants will be installed green side up. Now, if the building will exceed building code or be LEED certiited that would be something to mention. Acknowledged. 44. Criterion 3- No comments. 45. Criterion 4- No comments. 46. Criterion 5- Perhaps mention that the proposal meets the requirements of the Design Guidelines providing specific examples. Clarify how, exactly, the proposal will enhance the 440 West development. See revised Exhibit B. 4'7. Criterion 6- No comments. Planning Review: Comprehensive Infill Redevelopment Criteria Comments 48. Criterion 1- It is mentioned in the response to the criterion that the redevelopment of this site as a hotel is an integral part of the City's vision as set forth in Beach by Design. Clarify where exactly this is provided for in Beach by Design. On page 7 of the narrative it is mentioned that setback reductions are requested with regard to the CCCL but no mention is made of the distances of the requested encroachments past the CCCL. Please include such distances in your narrative. 15 See revised Exhibit B. 49. Criterion 2- Please provide any evidence that the proposal is consistent with applicable Goals, Objectives and Policies from the Comprehensive Plan. See revised Exhibit B. 50. Criterion 3- Clarify how mentioning that the applicant will be the developer and operator of the development addresses this criterion. See revised Exhibit B. 51. Criterion 4- It may be worthwhile to mention what effect the proposal will have on surrounding uses such as retail and restaurant as opposed to the effect that the current conditions may have. See revised Exhibit B. 52. Criterion 5- There are no Minimum Standard uses in the T district. Please revise your response accordingly. Clarify how many new jobs are expected to be created by the proposal. See revised Exhibit B. 53. Criterion 6- A complete narrative addressing each element of the Design Guidelines is required. See revised Exhibit B. Planning Review: Beach by Design Design Guidelines 54. Provide a section-by-section narrative addressing each part of the Design Guidelines Section A through L. If a particular section is not applicable, for example Section K Fonntains, because a fountain is not proposed, then this would simply be addressed as not applicable because fountains are not proposed with the development. See revised Exhibit B. 55. Provide a clear graphic depiction that indicates that the proposal complies with Section B of the Design Guidelines with � regard to the 100 foot minimum separation between any portions of building which exceed 100 feet in height and either Option 1 or 2. The graphic provided does show a 100 foot radius but it is not clear as to the height of the building at that 100 foot distance (it is assumed to be 99 feet) and it is not clear at what point the height of the building exceeds 100 feet. See revised plans. 56. Provide additional clarification with regard to Section C.S. See revised Exhibit B. 57. Clarify, specifically, how Section E is met with the proposal. The main massing of the building is setback back nnore than 30'-0" and will have the entry drive 10'-0" above the public sidewalk. Landscaping and a water feature at the porte-cochere shall be provided in order to make it a more pleasant experience at a human scale. Also the parking garage facade shall be architecturally enhanced as to include meta.l grillwork, recessed windows, etc. Disclaimer 58. Please note that additional comments may be generated at or subsequent to the DRC meeting based on responses to DRC comments. Acknowledged. Public Art Review: 04/22/2013 - Due to the valuation of this project at $50,000,000, the Public Art and Design Program fee will be due and payable on this project prior to the issuance of a Building Construction Permit. This fee may be substantial and it is recommended that you contact Christopher Hubbard at (727) 562-4837 to discuss the fee assessment. Acknowledged. Solid Waste Review: Trash service and location is unclear. One drawing says enclosed trash staging area and other says trash compactor. What is the level of trash anticipated and what are the dimensions of the room and opening? We need to know entrance clearance and width of opening. If inside needs to be sprinkled and drainage. 17 See revised Sheet A-1 which clarifies trash area as an outdoor space. Trash Room is located at grade of 3'-6" ngvd. See plan for dimensions. Stormwater Review: Prior to Building Permit: 1. The conceptual design of the stormwater system is acceptable. Detailed plans and drainage calculations shall be submitted for review at the Building Permit submittal. Detailed plans and drainage calculations will be submitted for review with the Building Permit submittal. Prior to Certificate of Occupancy: 1. A copy of the approved SWFWMD permit shall be provided. Acknowledged. 2. Prior to requesting the final Stormwater inspection, the Contractor shall submit a signed and sealed as-built certifying by the Engineer of Record that the stormwater system was built per design and meets all regulations. Acknowledged. General Comments: 1. All resubmittals shall be accompanied with a response letter addressing how each department condition has been met. Acknowledged. 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged. Traffic Eng Review: Prior to Community Development Board: The following criteria shall apply if the parking garage operates 100 percent as a valet service and no self-parking: 1. On page A-0.09, include the average size passenger vehicle of 17' long for stacking along the porte-cochere. The American Association of State Highway and Transportation Officials (AASHTO) standard length for a passenger vehicle is 19'. 18 Parking garage to be 100% valet. See revised plans that show 19' space for each vehicle. 2. Is there enough stacking room for vehicles along the porte- cochere in the event of a large conference or during spring break season? Vehicles shall not stack along City right-of-way especially on South Gulfview Blvd. Adequate vehicle stacking room has been provided not to encroach into public r.o.w. 3. The minimum clear height throughout the garage shall be seven feet zero inches and shall be eight feet two inches for van-accessible parking spaces including ingress and egress drive aisles to these spaces. A minimum clearance of 7'-0" in height shall be provided throughout garage and van-accessible parking spaces sha11 comply with 8'-2" height clearance. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as described in Section 3-1402.1.4 of Community Development Code. (Page A-0.09 space#:49;Page Al space#'s:54,55,56,59 &112; Page A1.5 space#'s:44,49,50) See revised plans for corrections. 5. On pages Al, A1.5 and A2, parking table numbers for both the tandem and regular stalls do not add up. See revised plans for corrections. 6. Are all the vehicles required to use the elevator or can they be driven up to the upper levels also? Elevator to be used only for employee vehicles and special events. 7. Whenever access control equipment or barrier gates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. � Barrier to be located within parking garage entry and shall be 40 feet away from sidewalk. The following criteria shall apply if self-parking is allowed with a valet service: 1. Maximum speed ramp slope shall not exceed 12 percent. A ten-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of ten percent or greater. There is no self-parking permitted. The entire garage will be valet parked. Traffic Eng Review: 2. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. There is no self-parking permitted. The entire garage will be valet parked. 3. Vehicles shall not park along the 24' wide drive aisle, which is the functional area for parked vehicles backing out of the 90 degree parking space. There is no self-parking permitted. The entire garage will be valet parked. 4. The required number of accessible parking spaces shall be pravided per current 2012 Florida Accessibility Code for Building Construction, Section 208.2. There is no self-parking permitted. The entire garage will be valet pazked. 5. On page A-0.09, include the average size passenger vehicle of 17' long for stacking along the porte-cochere. The American Association of State Highway and Transportation Officials (AASHTO) standard length for a passenger vehicle is 19'. There is no self-pazking permitted. The entire garage will be valet parked. 6. Is there enough stacking room for vehicles along the porte- cochere in the event of a large conference or during spring break season? Vehicles shall not stack along City right-of-way especially on South Gulfview Blvd. 20 There is no self-parking permitted. The entire garage will be valet parked. 7. The minimum clear height throughout the garage shall be seven feet zero inches and shall be eight feet two inches for van-accessible parking spaces including ingress and egress drive aisles to these spaces. There is no self-parking permitted. The entire garage will be valet parked. 8. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as described in Section 3-1402.1.4 of Community Development Code. (Page A-0.09 space#:49;Page Al space#'s:54,55,56,59 &112; Page A1.5 space#'s:44,49,50) There is no self-parking permitted. The entire garage will be valet parked. 9. On pages Al, A1.5 &A2, parking table numbers for both the tandem and regular stalls do not add up. There is no self-parking permitted. The entire gaxage will be valet parked. 10. Are all the vehicles required to use the elevator or can they be driven up to the upper levels also? There is no self-parking permitted. The entire garage will be valet parked. 11. Whenever access control equipment or barrier gates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided There is no self-parking permitted. The entire garage will be valet parked. Tr�c Eng Review: Prior to Building Permit: 21 :►�f:iya►.�i 1. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. Acknowledged. 2. Wheel stops shall not be used in parking garages. Acknowledged. These have been removed from all plans. 3. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Acknowledged. General Note(s): 1. Applicant shall comply with the current Transportation Impact Fee Ordinance and fee schedule and paid prior to a Certificate of Occupancy (C.O.). The estimated TIF is: $20,852.00 Acknowledged. 2. DRC review is a prerequisite for Building Permit Review; additional comments may be forthcoming upon submittal of a Building Permit Application. Acknowledged. �� I#: 20a7401796 BK: 16097 PG: 1397, 12/21/2007 at 04:54 PM, RECORDING 3 PAGES $27.00 D DOC STAMP COLLECTION $122500.00 KEN BURI�, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLi�MC9 Thia lnatrament Waa Prepared By And Sioald Be Retnrned To: Stepien L. Kuaaner GrayRobi�son, P.S. 201 N. Frsnklin Street Suite 2Z00 Tnmps, Flodda 3360Z Phoee: (813) Z73-5000 Property Appraiaers Parcel Identiflc.ation (Folb) Nember: 07/Z9/1 SJSZ380/000/0330 SPECIAL WARRANTY DEED ,� � ,� ,� ,� ,_ ,;, _ � -_ -�,', ,',--; � � �� ,� , , ,�, -- '.' ,', � , , ', �� ',, , „ �� ,. �� - - • �, � � _; ,; _ __ �, �-- �, , � ; ', � �� � ,� ., ,°. � THIS SPECIAL WARR,ANTY DEED, acecuted as of'th�.2lst day� of Decembtr, 2007, by IIYDIGO BEACH, L.I..C., a Florida limitod �iabiliry �oat�y� formerrly lrnown as TWBEACH Residdnces — Clearwaber, L.L.C., a I�onda; limitec� �'�iabilit3' comPanY (the "Grantor"), who� mailing addreas ia 877 F.accutiv�, �tcii �Dtive Weat, Suite 205, St. Peterebt� Florida 33702-2472 to SAI.T BLOCIC�'F,�L.E.C., a Utah limitod liability company, whose tnailing address is 1000 Market ��*eef,.%Buil�"u�g �+dpe, Stute 300, P�tsmouth, New H[ampshire 03801(the "Grantee"}. ; � � .� • � �� , �, „ W'I T'NFtS S,L �Y' H: , That Gzantor, for and ia;considFration,of th�e sum of 510.00 and other good and valuable conside.rration to Cirentor in �band �Safd by Y�ianta, the receipt and sufficiency of which is aclmowledged, has grantec��i�d, aad sold to Grantee and Graatee's successors and assigns forever, the following ��iescrilaad i�i .pmperty situate, lyin& end being in Pinellas County, Florida, (the "Prouertvt'� au� Qoscn'bd� on Exhibit "A" attachod hento. Toget}�r witb talr,ea�ei�ents, tenenxnts, hereditaments� and appurtenances belonging or in anYa'�Y$ �lPP��� Yo t� Property, and the revusion and reversions, nznamder and remaindec's; �,,issucs,'ai�d profits of the Property, and all the estate, right, tittc, interest, claims, and demarid�'vY� of the (`�tor, eithex in law or equity, o� in. and to the Property, with th�Fieroditau�c�is aud appiute�nces to the Proneity. . ,_ _ �^. � --. ��1'6qs conveyance is subject to: all easd�tsaits, condition9, restrictions, covenants, limi`taiion's;,�eservations aad mauets of record� provided, however, t�at this reference shall not �.�operaia to reimpose any of same; all ta�ces and assess�neats for the year 2008 and subsoquent �, y�ear�;��l laws, ordinances, govaiunental regulations and n,solutions, including, but not limitod t� aft' applicable building, zoning, land use uid environrnental omdinances and ngulations; aad matters wtuch would be dieclosed by an accurate s�m+cy. TO HAVE AND TO HOLD the same in fee eimple faever. And Orantar covenants with G=antee that, accept as above noted and as linnited by the next sentence, at the time of the delivery of this spocial watranty deed, Granton c�reby specially warrants th� dtic to the Property and will defead it agaiaet the lawful claims of all persons claimin8 by, througU, or under Grantor, but not otherwise. W90039170 - M 1141376 v3 R, PINELLAS COUNTY FL OFF. REC. BK 16097 PG 1398 .� � _ � . IIV WTTNESS VVFIEREOF, Grantor has executed this Special Warrsnty Deed as of the �; ; day aaa year first above wr;cces►. ;'� - _; � � ' ��. �, WITNESSES• iNDIGO BEACH, L.L.C., '��', �� ' �' a Florida limited liabilitY �Y -'�,'. �� ' . � ,' �' _ , � �-�.-- �� � , , ��� � ��„ , By. , , � , „ �- . Robort E. Glantz, Vica Presid�t ` ' _ _ � ' ,, �c. ��,' - - - [5��� ; , � �� , � „ -- , , STATE OF FLORIDA COiJNTY OF/�191Vf17"�E ''`. „ T'k�e foregoing insaurnent was aclrnowledged btfp�'me t1us;G��L �Y of Ikcember, 2007 by Robert E. Glantz as Vice President of �NDIQO, B�A�,'L.L. ., a Florida limitod liability company, on behalf of the limited liabiliEy;oQmp�a�►.' He is lmown to me or (_, has produced --.�s i ' cation. , , - � . `,. ` . �, , ,, � � , ` � � % OTARY PUBL �J � ..........�.. �M.»_.�_�"�r+�r» `� - - � �� Name;c��ANN� /'U� � (i�/��2! �Q+2 � ��R � ` � $CilB� NO. Cqnf� DDO�10. � My Commission expires: ,,�,�.�efjo+t • , � ; �leae. NaA�ip,A..a. lno �N/N�M��N�MUN�M����MM �`'���� � � � ♦ ' � .� � ♦ / �'' `� `� ` I I � \ 1 � ' � � ` � i �♦ __ ♦ � ` �. � � � � _ ` _ � ♦ �` • � _ �s < '� �` � �`�� � � � �� �♦ i i i u�oo�s��o � � � ���i6 V3 PINELLAS COUNTY FL OFF. REC. BK 16097 PG 1399 � E��1T nAn LEGAL DESCRIP7 �� �� ,� ,� _ ;, ' - - ', ' �, A tract of land consisting of Lots 33, 34 and 35 and part of Lot 36, of LLOYD-WH�3`E- '� �, � �' SKINNER SUBDMSION, according to map or plat thereof reco�ded in Plat 13, pages 1�s,8ad ,;,' 13, of the Public Records of Pinellas County, Florida, and lends and submerged landa lyiti� ; betwan and Southerly, Southwesterly or Westcrly of the mean lrigh water m�tk'ad�d `the' �; �, Bulkhcad Linc descn'bod in and set farth in Trustees of the Int�nsllmp�ovtn�enf �und of t�ie " State of Florida Disclaimer No. 22310, as recorded 'm Official Reca�ds Book T65, ��ge 542„'of the Publie Records of Pinellas Coanty, Flaida, said tract being descn'bed ��'oliows-r � FaNa'xhe Northan awst comer of said Lot 33, nm South 77° 41'16" West, aloi;� the Npr,tiivvesterty boundary of said Lot 33 and the Southwesterly actension t�f, a distaiu'o of 400,OQ fed to a point on the Bulkh�ad Line described above; run thence Southeasberly alorig,sai� �3rillthead Line along a curve to the left (radius -1247.00 feet), an arc distance of 296.79 fee� {cliord bearing - South 19° 07'S1" East); nm thence North b8° 55"27" East� a di8�ence of 402.14 fat to a point on the Northeasterly ba�undary of said Lot 36; nm thence Nathv�rdsterly al�g the Nartheasterly boundaries of said Lots 36, 35, 34 and 33, w}uch line ia a�eurve to thEsigtit'�radiva - 847.00 feet), an arc distaace of 235.76 feet (chord - 235.00 feet, chor���pg-��o��20° 1?'10" West) to the Point of Beginning. , �. �, `„ � ,' � - �- ,� -- , , _,; , � BEING THE SAME PROPERTY AS: ; ; � � ,� ' �;,� � � A tract of land consisting of Lots 33,;��4'�al� 35,��nd part of Lot 36, of LLOYD-WHTTE- SKINIVER SUBDIVI3ION� uccgrSii►g tb� the �or plat thercof. as rxorded in Plat Book 13, Pages 12 and 13, of the Publi�! Re�o� of.Pinellas Cotmty, Florida� and landa and subtnerrgod lands tying betvvicen and Soutl)er1y, �eirthwa�t'rly or weskrly of tlu mean mgh water mark and the Bulkhead Line descn'ikd in atid's�t forth in Tiustees of the Internal Impmvea�ent Fund of the State of Florida Discla�tter TJd, �22�1,0; as rocorded in Ot�ciai Reco�ds Book 765, Page 542, of the Public Records of �ioel�s'County; Florida. eaid hact being descn3ed a follows: Begin at an iron pin at the �3d�8s� co�'ntr of said Lot 33 and the West right-of•way mergin of Gulf View Boulevard, said �oirn lie�i� the� �nu Point of Be�innin� said paint being the PC of a curve to the left, having a ti�diva of 84�A0 fect„ and an erc distance of 235.76 fee� thence rua alang said curve to the leii, ��Ong the'V�est right-of-way margin of Oulf Viea► Boulevard, a chord bearing of South 20° 1'�20"' $ss%�id a cha�d distaace of 235.00 feat to an imn pin; thonce nm South 68° 55'�T'�1k'est� }�.i a,distanx of.402.14 fxi to an iran pin, said point being the PC of e ciuve to the right; �vaig' a radius of 1,247.00 feet. and aa arc distance of 296.79 fat; t}uace rim aloug said cwNg to tlYe right, a chord bearing of North 19° 07'S 1" West, snd a chord distance of 296.09 feet to air�t+qn �ii�; thcnce nm Narth 7T 41'16" East, for a distance of 400.00 feet to a point and back �, to the'�'rJue Point of Begi�ming. � „ 4i90039\70 - M 1194376 v3 Recap of TDRs to Receiver Site of 430 S. Gulfview � Number of Residential Seller Address of Sender Site Dwelling Units Recording Information Transferred BayEsplanade.com, LLC 625-627 Bay Esplanade 1 unit O,R 14634/Pg. 305 Pau1 Kelley and Tracey Kelley 667 Bay Esplanade 3 units O.R. 146061Pg.. 945 Teresa A. Kramer and Maxwell M. 557 Cyprus and 579 Cyprus 4 units O.R 14826/Pg. 1985 Radford n N42Z857 v 1- TW/TDR Tabte EXHIBIT �A� RECEiVER SITE -430 SOUTH GULFVIEW A TRACT OF LAND CONSISTING OF LOTS 33, 34 AND 35 AND PART OF LOT � OF LLOl'aWH1T'E-SKINNER SUBDIVISION, AGCORDING TO MAP OR PLAT THEREOF RECORDED fN PIAT BOOK 13, PAGES 12 /WD 13 � THE �PUBLIC RECORDS OF PINkL1AS COUNTI(. FLORtDA AND LANDS AND SUBMERGED LANDS LYIMG BETWEEN �1ND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULKHEAD LINE DESCRIBED W AND SET FORiH IN TRUSTEES � THE (NTERNAL IMPROVEMENT FUND OF TNE STATE OF FLORIDA DISCLAIMER N0. 71310, AS RECORDED IN OFFICIAL RECORDS BOOK 765, PAGE 542� OF THE PUBLIC RECORDS OF PINELLA� COUNTY, FLORIDA, SAID TRAC7 BEING DESCRIBED AS F�I.LOWS . FROM THE NORTHERN MOST CORNER OF SAID LOT 33, RUN SOUTH 77' 41' 1 G WEST, ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 33 AND THE SOUTHWESTERLY EXTENSION THEREOF, A DISTANCE OF 400.0 FEET TO A POINT ON THE BULKHFJ�ID LINE DESCRIBF� ABOVE; RUN THENCE SOUTHEASTERLY ALONG SAID BULbiEAD UNE/�LONG A CURVE TO THE LEFT (RADIUS -.1247.0 FEEn AN AR� DISTANCE OF 296J9 FEET. (CHORD BEARING - SOUTHI9' OT 51' EAS�; RUN THENCE NORTH 68' 55' 2T EAST A DISTANCE OF 40214 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF SAID LOT 36; RUN THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY BOUNDARIES OF SAID LOTS 36, 35� 34 AND 33, WHICH UNE IS A CURVE TO THE RIGHT (RADIUS - 84T.0 FEE� AN ARC DISTANCE OF 235.76 FEET (CNORD - 235.0 FEET, CHORD BEARING - NOR7N 20' 1T 10' UVES'� TO THE PpIN7 OF BEGINNING. BE1NG THE SAME PROPERTY AS: . . A TRACT OF LAND CONSISTING OF LOTS 33. 34 AND 35 AND PART OF LOT 36 OF LLOYD-WHITE-SKINNER SUBDMSION, ACCORDING TO THE MAP OR PLAT THEREOF� AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13 OF THE PUBLlC RECORDS OF PIN� 1 AR COI�NTY, FLORIDA, AND LANDS AND SUBMERGED LANDS LYING BETIIVEEN AND SOUTHERLY, SOUTHWESTERLY OR WESTERLY OF THE MEAN HIGH WATER MARK AND THE BULMiEAD LINE DESCRIBED IN AND SET FORTH IN TRUSTEES OF THE INTERNAL IMPFtOVEMENT FUND OF THE STATE OF FLORIDA DISCLAIMER N0. 22310. AS RECORDED IN OFFlCIAL" RECORDS BOOK 765, � PAGE 542, OF THE PUBLJC RECORDS OF PINELLAS COUNTY, FLORIDA, SAID TRACT BEING DESCRIBED AS FOLLOWS: BEGIN AT AN IRON PIN AT THE NORTHEAST CORNER OF SAID LOT 33 AND THE WEST RIGHT-OF WAY MARGIN OF GULF VIEW BOULEVARD, SAlD PDINT BEING THE TRUE POMT OF BEGINNING; SAfD POINT BEING T11E PC OF A CURVE TO THE LEFT HAVING A RADIUS OF 847.00 FEETAND AN ARC DISTANCE OF 235.76 FEET; THENCE RUN ALONG SAID CURVE TO THE LEFT AND AL•OMG THE WEST RIGHT-OF-WAY MARGIN OF GULF VIEW BOULEVARD A CHORD BEARING OF SOUTH ZO' 1T 10' EAST AND A CHORD DISTANCE OF 235.00 FEET TO AN IRON PIN; THENCE RI�N SOUTH 68' 55' 2T WEST FOR A DISTANCE OF 40214 FEET TO AN IRON PIN� SAID POINT BEING THE PC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1247.00 FEET AND AN ARC DISTANCE OF 296.79 FEET; 7HENCE RUN ALONG SAID CURVE TO THE RIGHT A CHORD BEARING OF NORTH 19' OT 51' WEST AND A CNORD DISTANCE OF 296.09 FEET TO AN IRON PIN; THENCE RUN NORTH 77' 41' 1 G EAST FOR A DISTANCE OF 400.00 FEET TO A POINT AND BACK TO THE TRUE POINT QF BEGINNING. I�: 2005368583 BR: 14634 PG: 305, 09/27/20D5 at 06:25 AM, RECORDING 7 PAGES $61.00 D DOC STA1� COLLECTION $560.00 I�N BURIQ�, CLERK OF COURT PINET•T�R COL7NTY, FL BY DEPUTY CLERIC: CL1mU13 . �� i-� ,�t � R i1 � t •`,,,� l� !"'� '� � ���"1� �' . � )v � r►,�a b,�►�►,r �d when ►econ Maro I. Spencxr� Eaq• �.,. gn Fx�vs Gtdx W.. 3ulbs 205 SL Petersburg� FL ��/ ..,`. �� �; t, � WARRANTY DEED ��- (o �� � � `f .��� V, . �•�,, �iIS WARRANTY DEED� exec:uted this �3 day of September� 2005� by ��SPLANADE.COM, LLC, a Fiofida iimited liability oompat�y� whose address '� Bay Esplanade� Clearwater Beach, FL 33767. Grantor� to TWBEACH S�DENCES-CLEARWA7ER� L.LC., a Florida limited liability oompany, a(se address Es 877 Execxrtive Center Drive West. Suite 205� S't. Pete�sburg. 33702, Grantee. � WITNESSETFI, that Grantor i�r and in considerati� of the sum of Ten and Nd100 Dollars (�10.00)� and cther valuable cansideration to said Grant�r in hand paid by Grantee� the recefpt and whereof Is hereby adcnowledged� has granted, bargained, end sold to the Grantee, and Gr�ntee's heirs and assigns forever. one (1) densRy unit development right from that certain �r�aperly lying situate in Pinellas County. and furth� desaibed as: � Lot 7, Block 78� Mandalay Unit �k5, accoMing to the plat thereof as reoorded in Plat Book 20, Page 27 of the Public Records of P(neaas County� Florida. and further desc�ibed as tollaws: From t�e Southeast oomer of Block T8 of a Replat of Mandalay Unit �RS, as recorded ln Piat Book 20. Page 48, public reoords of Pineqas County, Flo�ida� run North 7 degrees 19'30' West, 352.99 feet along the East boundary of said blodc; thenoe along a curve to the left of said boundary, c�ord bearing North 26 degrees 04'45'�West� a chord equals 70.73 f�et and radlus equals 110 feet for Polnt of Beginning; run thenoe South 43 degrees 21'34' West, 131.4 feet to the Northeasterly line of Bay Esplanade; thencs along a curve to the left and atong said line. chord bearing North 65 degrees 01'22'. West, choM equals 41.26 feet and radfus equals 64 fee� thenae North 4 degrees 13'05' East� 110.67 feet to the Northeriy boundary of Block 78; thence East� 41.29 feet along dwrd equals 84.48 feet and radius equals 110 feet. to the Point of Beginning; together with aU reparian rights and submerged land pertaining bo the above property and particularty induding any and ali submerged land lying between the East and West boundary line of said lot as - pINELLAB COL7NTY FL OFF: REC. BK 14634 PG 306 r� ��` � � i L..� �41� � � ( extended to County� Flo� for transfer to See Exh'i�#t' ti tn Clearwater Bay� public records of Pineilas 'Transferor Propert�). � properiy descxibed as: attached hereto (the 'Transt�eree Propert�'). TO �1`�1l�E.r?AND TO HOLD the same fiogether with ail and singular tenemeMs; 'e�itaments and appurbenanoes thereunto belongfng or In anywise appertai�f"'�i�d aN the privilege, right� title. interest, esrate, Iten; equtty and daim �rer of Granfior, either in law or equity, to the only proper use. benefi���ktehoof of Grantee for�ever, �ID said Grantor does hereby fully wanant the said density unit i�ent rights� and will defend the same against the lawful claims of all whomsoever. �';`•�''�;� IN WITNES8 WHEREOF� the said Grantor has hereunto set his hand and � ` � -- E~ X�al the day and year Tirst written ab�ve inbending hereby to restriCt, (n ��Z?�erpetuitY� t�e use of the property first described above. lti.,��; ` •�,, SlBned, sea/ed and delivered ln the presence ol: �/Li /`J4'� � , r ..�. - r. - � �'�ii� STATE O�FLO A � COUNTY OF _ ) GRANTOR: gp,YESPLANADE.COM� LLC. a Florida Ilmited liabtlity com By, �� William Bladcwood. �I', Manager The foregoing instrument was adcnowledged before me this C�'� day of �„hE�se� . 2006, by Wliliam Bl�ckwood. II. Manager on behaH of Bayesplanade.com, LLC a Florida Ifmfted Ilabillty company. HeJshe is personaly known to me or has praluced �� as identfficetlon. lad C�if ���'�� � �o■ee SYete of F/afda at Ler�e Printed Name: Go�mrNssio�n 1No. My � �: PINELII,S COiJNTY FL OFF: REC. BK 14634 PG 307 �, ('� . /"'-° i , i• Y� . � /� �4 7 ; �,� • . . i �1 � � (,� ��,-� Legal DeB�iption . � 1��, . p tisct of laad �S af �� 33, 34 and 35 aad part cf Lot 36 of LLUYD-WI��T,& �gR �gD aN. a�o�in8 to t�a �P � Ptet thereo� ea recorded 'm Plat Book 13� pggae 12 md �3 �� n�c R000Q+d� of Piaellae CountY. Flaaids and land� and eubmea�ged lsnd� lying be�a�� �O�Y. �0��7` °� w�y of tbe meen higb wat� ma� and the BuD�ea�: �'�'b� in aad s� faath iu Trustces of �e �tarnal Im�ov�m�nt Fnnd of ti�e Stato of ' a No. 2Z310, aa reoo�ded in Officsist R�oo�d� Book 765� Pagc 542 of , �e Pabli� � of Pme1L�e CotmtY� Fl�ids. said trad beia8 daanbod �s £allows:, ,. '� � e No:ti�Cn most oomer of atid Lot 33. tQn Sou� 77° 41' 16" West. aloa►B the N Y��' of aid Lot 33 amd the Srnrthwasbe�'ZY arte�a� thQ00� a�0° of 4pp � te a point on $u Hntld�ead Line descnbed abdve: rim �ancx SmrtheastalY alamg aaia . �� Liaa albn8 s oatve to the ldt (tadina — 1?A7.0 fat) an arc diatanco of 296.79 fed �-�— 269.09 �eat, ��8 — Soum 19° 07' S i" B�st); rm 9iaace Na� 68° i5' 27" Eaet f•� of 402.14 Scet to a po�i an the Northeesterly boa�*Y of s�id Lot 36; tva ti�mce #��'�,�� tba Na�ast�1Y bounduiae of said Iatt 36� 35� 34 tad 33� wbich line is t �•�amve to �e ag�t {radias — 847.0 %et) w arc distance of 235.76 Eeet (chord -- 235.0 feet, ci�d �; °��- Nazth 20° 1 T 10" Weet) bo the Point of Bep�in& ! ,ti 't b�g — � ,� ��. y, • t � t i 1-...�f � . . � Di],591l�4�2 � � ` �i-� PINELI.i�B COUNTY FL OE'F: REC. BK 14634 PG 30B F� ���0 i r � +....,.,. � �� � �� Ronrick H. Kem ���i�ean Kem, ae tfl 12.596, Ruth Geror, es to 5096, and H�b K�m and No�a K�em, `1a..3�7,'�96. (oolN�lwh► tl� 'Mortpap��)� ths twider af the AAoi�sBe ezecx�6ed by �n�d�.00m. LLC (`Ow�� h iwor af Mor�p�ee� da6ad January 29, 2004 at�d h Offiaal Rec�rds Book 13355, Pape 4Q2, r�reoorded in Olficid Re�or+ds �lc Y � Pa9e 2�2. and es modilied by MaAQape Modific�tion Apteeme� d� Ndioe of {F` � Advanoe da6ed Deoerr�6sr 27� 2004 reoordad 'm ORidal Reoords 800k 14D49; ����38 all of the Ph�hGc Reoords at P9nelles Courrty� Florida� wh�h Mo�age p����,ien end encurnbcanoe upon ali or e portion d ihs rs�l properh► desabed �Cfregdrg War�nty Deed Trar�r d Dens�r Unit D�vabpmard Ri�hts (the • . the Trar�faror Property� herebY oor�aents to Owr� tcans6arrir� one (1) �ensltY t1 ,, . pment Fti�lrt irom the Trar�feror Prvperty to 1he Trar�tenee Property desai'bed (' rg the e�aea�tion o► i�is oonsent, r�o��g neroin shan be oon�,ed io render r--� �esponsble or Gable for the perfcrmanoe ofi arq► o�F fhe oovenar�b or i�:-ti��tidertaldr�ps of Owrier taxler this Deecl. .1 �� `• `• �i; pated this � day nf �-�.�c� . 200� �t HHftrieas: Print 1 � � . :� . Prirrt name• �� L�� �_ � ' i / � /. / � � . . � `J_�� _ ,,, Ii% ' � � _�.�..� -� PINELI�i48 COI7NTif FL OFE': REC. BPC 14634 PG 309 . , . { � , �K� ' . . . 4�� . �� Prirrt n�me: N�' Chbfelo Print namf��. �� G�rr'sti�ea 6opsa ► �� 11 ., � � .. �I � t - — // �� r ti .� . ��, �. z .; , ` ��;:�i �.�a top�a . `� j P1111t n8fl1e: �- / / � ��._� ' / ► =.1i'� ' �' •'' - " �► �� �. , /:�, % ii PII�LI.AS COUNTY FL OFF: REC. BK 14634 PG 310 STATE OF FLC COUNTY OF �` The fon P � ��� S► ;`~�� �-�-- % - t,i�ishument was admowledged befag� me this �` day of by R�ridc H. Kem. He/she is e�,rson� known to me or hes � iderrtification. �i `, � �,�¢'• Sk�1r nl Fb110O' �'l, � ,�,.�s.zaa4 �� �, r o� arsv7z �A,.: MyNarncw� �""' �- = FLORIDA ) � . � ' S�ate of F�orid ►�e Printed N : Carr�ssinn A�a MY C.anrr�or► ExP�ie�s' 'OF't�c��'`c�i ) �e fvre8oin8 ir�rument was aciviowbciped betor�e me thia � day of �� 2005. bf► Susan K�em. HeJshe is �rsonelly known to me or haa as ident�ic�on. �� � � . � ,�„rior, # oc a�avn . St�te of at Large ��y�1onWNaQY� Prixed N�ne: C.onr�r� Ma. MY Qan►�n E�lYes STATE OF FLORIQA ) COUNTY OF ) The fonepanp instrument was adcnowledged before me this ��day af � 2005, by Rulh Ceror. He/she is �sanal�l r known to me or has uoed as idenm'�cation. � NANGY M. CHIOFAID Co11n11ron6pM.iQ+ � • Cqpn�lon I OD 3769M �aid�d N Na�aiar ►k+ay�.n 0 �, � � �re cr a ar c.e,�e P�hfed Name: Qornn�SiQR Afa . MY f:arixnrss�ar� ExpUe� PINEI.7�AS COUNTY FL OFF: REC . ffiC 14b34 PG 31I � . . .' t . � � �ti ► • L.. . j/ �� �/ • : Y i STATE OF FLORIDA COUNTY OF 2005; ' � as � � ient wes adcnowledged bet�re me this � day ot Kem. Ne/she ia �onally known to me or has produced � ,,,,. i . � • �.a+s.� . � � i o�s��r! �be of t Levge �� � � � w�°�0"`�� P�ted Name: , Y,,/ Gorr�ia�n Ma ) �� . MY Qa►►xr�r� 6�res: rf � FLORIDA ) OF ) � .-� - -• t�'J� Ths fore8oing Inatrurrbnt was adc�owlad�ed be�Fore me tfiia� day of 05, by Nona Kem. He/she is personall�r krkn�n to me a has produced `• as �. �1:�1 -�. �`y� ti L-�f � NMICY 1� CIYOFAW . L � �y��.�dfbddo � �pnY�Yon i OD�697� •� O/ i91�JA �aedbM���°Y�""' PlrsJted : C.ornmissfon Ma 1Ny Corrrn�sior� E��tp�res: � I#:. 2005370932 8K: 14606 PG: 945, 09/15/2005 at 05:09 PM, RECORDING 5 PAGES $44.00 D DOC STAI+� COLL�CTION $1660.00 E�:N SURI�, CLSRK OF COORT PINELI�AB COUNTY, FL BY DEPI7TY CLERFC: CLKDU08 �- ——• -- 1 �� . -�, �� �5�����►���� end when reconded retum+�i#.�� •� l�- Marc I. Spenoer, Ee4• ` S 8T7' Execu6ve Center ��.. Suite 205 S"t. Petersburg, FL 33702 ` `��r% w� G G� � �' � ` 2005, by PAUL DEED, execut� this 2wo day of KE�(,E1(�`�' CEY KELLEY. whose address is 667 Bay Esplanade. Clearvvater Beach, FL 33767.i'�I��� � 11NB�CH RESIDENCES – CLEARWATER. LLC., a Florlda Ilmlted IIsW11t��apanY. wtwae address is B77 Executive Center Drive West. Su�e 205, 5t aot�u�e�L 33702 Grar�tee. � i�t/ j�' F..4SETH, that Grentors for and In consideratbn of the sum of 510.00 and other abla consideration i� said Grentprs In hand paW by Grantee� fhe receipt and whereot is ed, has granted, bargained, and sold t� the Grantee, end Grantee's helrs and t iQnsefo�gr reeth (3) density unR development righfs from thet certain proPertY N��9 siWate �` `�n•Pinellas County, and furlher desaibed as: `'^' "� Lot 7, Blodc 77� UnR No. 5� accondMg to the map ar Plat thereof es recorded In l'�`t,'1 =�� � Plat Bodc 20, Pepe 27, Public Reo�rds of Pinellas CourriY. F��da (1� ��� ; 'Transferor ProPert�)• �' for transfer to GrantBe's real Pr'oPertY desaibed as: See E�d�ibit'A' a�achad hereto (tlte'Transferee Pmpert�l')- TO HAV'E AND TO HOLD tt�e seme bopether wAh aq and sfngular tenements, heroditaments end eppurtena�c� thereunto belonging or i� anywise aPPertatiing� and all the privpe9e. �9h� title. interest. estate� Ilen, equfty and dalm whatsoever of Grantors, elther In law or equtty. b tl�e only ProPer use� beneflt and behoof of Grantee Torever AND said Grantors do hereby fully wartant the said denslty unit development rieMs, and wflll defend �e same apalnst the lawful daims of ell persons whomsoever. IN WITNESS VI►NEREOF. ttre satd Grantots havs hereunb set thelr hands and seals 1he day and y�r flrst MrtiBen above lntending hereby b�aMd, in Pgrpeh�ity� the use of the property first described abrnre. Slgned� sealed and dellv�ered ►n !he p►ese►rce of. SES: dN! a Nama: on��� � u�.,. � Na� :t..�w. C.�� PINEI,LAS�COUNTY FL OE'F: REC. BK 14606 PG 946 �4� r--� � r� � 1� � � 1' �� STATE OF FLGRIDA � ;;; COUNTY OF PINEL1.1�8tr •.� Tha forepo(ng �sl�wnent was adcnowiedged before me thisl� d of September, ZQ05, by Paul KeUey. H she is personaity known to me or has produced ��L• as . iden 'bf'icatlon. �� Vl� �{ �oe- � �►o -1; �-yl.N -o . 1��•"Zyr t;,�„! �� �� �� � , e..... �,> Notary ', State o�Hviida at Leige . � ���� Printed Name: � ._.f CaruNsaJo�n No. - ,� t � My Cwnm�ssla�n /'!:, :ti` laia ` ' t W ��� � % ����.�? ��� � OF FLORIDA j �'"101''�";�1e � OF PINELLAS) � • . �i t � r . . ��-'� The foregoing Instr�xnent was acknowledged before me this �� day of September, (� � 2805, by Tracey Keliey. Helshe i� persanally Imown to me or has produced R- � � as� �'' � ,i�der�U�qtfon. j(1(cb- y 12- �� -lbz-a �ti .;� ,: . . .1.,,� . �-�! ,_. �--- Nota �!!c, SE�te of F-�oride at L.arBe Printed Name: C.a�►nr�lsmbn Na MY C.���arl Expkes: laaa Gidi i11�IM�qI �I@/I E1Q� ��; �s�c PINELIJ►8 COUNTY FL OFF: REC. BK 14606 PG 947 1� r-� �� �,w, . .� . tiU t�� � � ( `� j EXffiSTf �! � ��� �'�"� Lega1 Deerription A tcact of lend c nsistia8 of Lots 33� 34 end 35 and part of Lat 36 of LLOYD-WHIT& SKINNIiR SUBDI�IS�N• ��g to tho msp or plat therco� as recorded in Plat Book 13, Pe,ges 12 aad 13. �.�`f:� Public Rxorde,of Pinellas Coimty� Florida and lsads and snbmergod isctds lying bc�Bp�i d eoutharly, sonthwestarly or westuly of t�e me� hivam Fund of the t h e Bnikh �''$escn'bod in and set fozth ia Tiustees of tha Inta'n�I Impro State of �o f�ll�N ��F1orid�e� s�d tract bein8 desmbed as�follows: p� 5 4 2 o f the PubL . �,� a Northen most comer of asid L.ot 33� rua South 77° 41' 16" Weat. elong the N .,�.� Y bauadat7► of said Lot 33 and the Southwest�iy eactmsion the.t�o� a dist°nce of .�to' a poiat on the Bnllchead Liae descnbed abrn+a. raa thmce Southessta'ly along said �e �long a c�uvc to the lcft (redius — 1247.0 fieet) an e�c �s�a� of 796.74 fed r`r �` 269.09 foet, chozd beana8— Sonth 19° 07' S1" East); rtm thcnce North 68° 55' 2T' E�st ; i� " of 402.14 foet to s point on the Nactheestccly bounderY of said Lot 36; nm thenca t•'�k�lthvv�etedy along t�a Nott�easte�iy bouadaries cf said Lots 36, 35, 34 and 33� which liac is a � to the right (tadius — 84�.0 foet) aa arc distgnce of 235.76 feet (chord - 235.0 faet, cho�rd �`� bea�riag — North 20° 17' 10" Weat) ko tha P�int of Hepnning. �' t.� : • � , . .�,.�� Dv-s�i�v�� A 1 PII�LI.AS COi7NTY FL OFF: REC. BPC 14606 PG 948 I. • ' ���� . ) l� � �� ���K B� �osn c�e�..�r�:c, (m. '��p..�� ttw holder of the Mor�page etaecubed by Kelley Inueetrnent � CorP, a Florlda caporation, aAda IGeAey Investrnent and Marrepement corp. ('own "�n'i�r or Morfq�ee, dstE�d,4�,guat 2p, 2003 .nd reoo►ded In oAfam Reoondc eook 1�o3J, Pap�,�4.,, ��he PubUc Recards of Plnelles Counqr� Flwida, which Mor�ape oons6tu6e� a If�en and en upnn �II or a portlon of 1hs rod properey desexlbed wnhin the w�rraMy Dssd iiansMr � UnR Dswsbpm�t Riphb (the 'DNd7 ae fho Translbror Proper�r, hersbY . O°^�"d ��9 tAs 3 Dsnsky Unit Dev�ebpment Rfpht� from !ha Trens1ernr Property bo fhs T Properly de�saibsd In oaid Desd. t � • N � the axea�don ot tlW �� herain sh� be aonsBua� to rondar fha neR�le or aable for the porbrmancs of qry oT tha oo�nenant� or under�ldng� of the � OiNr�A�n�fer fhm bsed. 1';�`•• Y��,�, �u',-�31 e.y or �s �oos. . . {� �� �'� 1 � L' t 1,� � . s .��, �� 0 . PriM noma:�15� L . H►C,�z�a> suswsss �.orw c�nrr�x, t�c gy; ��.�r� PdM Narr�: '�b� ��•+�S Its'_ v•cF (�rtaS�ns.rr PhrR nama . 8TATE OF COUN1y OF �. �i�t �rspotr�y instrumsntw�n adcnow�sdped ba�vr� m. m�31s� a as \1lCo Qr�'a m-�r � Bwinea Loan Cenbar� LLC, a C„_cx �vs��tfic�,. H�I�s.� p�na�y � y��r It� PfOdllCOd ,j��v�n ,� C! �dW1�U011. y0 i.lCo!'�$ . / a _ � r N�� �. .rt I • Nbary Pr� $bb d� af . . � Rin�d Nsme: 'L�..+�r• �.�u `Iv�. � Con�misala► Ma . �� `�y, � uMi�Rr r, ier . J 1 +a � � t� e � PINBLIAS COUNTY FI, OFF: REC. BR 14606 PG 949 �� �� � , Rlphis by OMm�r Mortgage Elec:tronic Regi�on Systeme as rwtninee for Amertce's 5ervidnp Company, (ths 'AAcr�yl!e�j� the hoWer of the Morpga8s e�aeaibBd by Paul I�slby and Tracey Kelley, husband and wite. (`Owne� fn �r Mor�a�e, da�ed MsY 5� 2004 and rocorded In Olriael Records Baok 13562, Pape Z321 ��ubQc Rec�ds of PineMas County, Florida, which Mortaage oonsUtub� a lien and encum� a1 or a porHon of 1he real property de�ribed v►�lhin ths W�ra�riy Deed Tranafer of C�en�i,�'TnR �evelopm�t Right� (!he 'DNd� as the Transfaror Properiy� her�aby conae� b� sferring the 3 Density UnR Devebpment Rfghts from.the Ttm�sfercr Property to !he Tranite[�. rty desaibed in safd Deed. �e e�ae�udon of this consent,� nofhiny herein she� be construed to render the tisible or qable for ihe performance of any of the oo�u�r�ar� or undertakings of fhe Deed day of August, 2005. '^ ti•ti� it� f � � ��} � {� ��:� � � -� � , aN'dness: . �, � _ �. r . • � Pr� name: C�I�ri 5 fln Ad��,� PrM�t na►ne: STATE OF NARYLAND ) COUNTY OF �Frsdfriek MORTGAGE ELECTRONIC RE�iISTRATION SYST91A8 AS NOMNrEE FOR AMERICA'S SERNICING COMPANY � � Pr1nt Name: Teross A Naylor �: .�- Lc:.:• - �i The forepoinp instrument was edv�aMedged beiore me this ,� day vf Aupus� 2005, by Teresa A Naylor, as Vbe Prealdent ot M a e Elechonic Regls�raSon Sysbems aa nominee for Amsrica'a Servk;ing Compeny. He/she er�onaly tnown o ar has produced as identi�catbn. 4� . •�� �T!, A � IVo�Gsry Publb. SGa�of�Msiyland Prinbd Name: Vera 5ara Smllh �rnr�Cn llb. �'�Y � �p�: �C • �%� a005 � , t . � I#: 2005510738 SK: 14826 PG: 1985, 12/22/2005 at 12:53 P'M, RECORDT, �s ��"'-� '$35.50 D DOC STAt� COLLECTION $2240.00 F�N BUR�, CLERR OF COURT l cocn�rsr, � s3r nE�rr�r czE�x: cr�uos �% g . `� '� � 4 `�. � � �� ��., Thfs lnstrument prepered b�',� ti..,� and wHen recaded retum �\� Mer�c I. Spenoer, Esq. ,'4 877 ExecuNve Cer�ter �IjI., Suite 205 S� Petersburp, FL 33702 ° ' � i f� S�IARRANTY DEED. e7oea�t9d thfe / 9 s day pf .�e cw l+w. . 2005, by . TERESA� `'KI�iMER and MAXWELL M. RADFORD, wltose address is 55 lsurel Street, ' Clean�n�1��33T87� Grantors. io TWBEACH RESIDENCES — CLEARWATER� LLC., a. Florld��� Ilsb[tity ccmpury, whose address is 877 Execudve Csnter Drive West. Sutbe 205. StlP��er'sburg, FL 33702, Grantee. �•; �. r' J�'NESSETH� thet Grantiota for and in conslderallon of the sum �f 510.00 and ofher w�a�le considerafion to safd Grantors in hand paid by Grantee, fhe reaeipt and whereo�f is fi �cknowledged, has pranted� barpalned, and soid b the Gratttee, and Grantee's heiB and ���s forover� four (4) density unft developmerrt rphta Trom thet oertaln property lyln9 slh,ate in �iaeilas CauMy. and fu�ther described aa: ��tt �` That part of the unplattsd bbak 79, Unit No. 5, Mandalay replak acaordtng to the -', ,,• mep or plat thereof as recorded in Plat Book 20. PaDe 48� which was fom�iy `�� i Imown as l.ot 4. Blodc 79. Mandalay'ihe Isle of a Thousand Pahns" ClearwatBt '�..,� Beech UnR No. 5, according to the map or plat thereef as r�ec;orded in Piat Book Z0, page 27, Public Rec�ords of Pinelt� County. Florida (the 'Treu�sferor PropeA�. for transfer b Grantee's real property described as: See E�Ibit'A' attached hereto (the'Transferee Propert�l'). TO HAVE AND TO HOLD the same bpether wRh ali and slnpular tenemenls, hereditaments and appurtenenoes thereunt� bebr►ginp or In anywiss aPPertainine, and all the privilege, rigFd.litle. intarest. estete. lisn, equlty and clalm Mrt�atsoever cf Grantors. elther In I�w or equlty. to lhe only Proper use. benefit end behoaf of Grantee fonever AND said Granbrs do heneby iully warrant the seid denslty unft devebpment riphts, and wlil detend the same agaM�t the lawful dafms af all persons wFwmsoever. IN WITNESS WHEREOF, the said Granbrs have hereunb� set their hands and seals tho day and year ftrst written above inbendfng hereby b restric�, in perpetuRy, tha use af fhe properly flrst descxibed ebo�e. Sl�ned, sealed and de!!►�ered fi the preaence of. ����°� C���� Nam�: n� �. � Teresa A Knmer N ' R i+� T.,,� _.. w IlAaxwoY M. Ra rd . , , PINELI.AS COUNTY FL OFF: REC. HK 14826 PG 1986 i -'- r � 1 � STATE OF FLORiDA COUNTY OF PINELL The foregoing by Teresa,A. Kramer. �entific;atlon. t 1� : yOTARY 9D, 3008 ,r Co.. lae. �� '�- .. r.� ""�� Cf , {� snt was ackno�wledged before me this / t~day of November, 2005, i 0[ haS produced F �o R�.w . as Ow..1c+� LtG6+u � k, Sta[e of Fbride at Lerge d Name: � COI/lRIISSIQR /1�0. ��� � J� .L: S.�F FLORIDA ) �'C��t�R� OF PINELLAS) � t' �� The foregoinp instrument was acknowledged bei�re me this �4 day of November, 2005, �"'� b��. MaxweO M. Radford. Hel has produoed� as . �:.�ti�=��entificatlon. .uK. P�•+s*��:� � :L; - . � `� NO'fAAI' P�)BIIGSSAl� OF PW1tIDA Rita Jwe Iacino seats ofFlor�da et 1.a�e rp��ton lDD3767� �� �� gxplt�es� DTsC� 1D� � �onded'Jh*r Ad�ni. Aail�i � iw CD/11RIti810f1 ND. � r+OVlNI1�S�l E7�@� 0 t I � i � � PINELI�18 COUNTY FL OFF: REC. BK 14826 PG 1987 . � �� . , � � . r+K � �V� ' � , ��� - L �� . �� } .. E7�� �! �� { .;—f Laga1 Descrip�ion A hact of laad �bansistinB of Lota 33, 34 and 35 and part cf Lot 3b of LLOYD-Wi•IIT& � 3KINNSR SUBD �ON� according to the mep or plat tha�oo� as ncorded in Plat Book 13� P�gee 12 and 1�`�a�tha'P nblic Rocwrde of Pinelles County, i�lorida a nd lende and subma�gcd lsnds lying b��`;�id soutiierly� southwestcrly or wesbe�ly of the mean high wate�r rnark sad the BuUch z.d�ecn'bed ia �d set forth ia Tiueteec of tha Intoma] Iaip�ovement Ftmd of thc State of '�sclaim�r No. 22310�. as mca�dad in Offiaal R�eoords Book 765, Page 542 of tha Publi� � a of Pinellas County. Florida, said ttact boing descrtbed ae follows: � .: o�l���a��e Northem most comer of said Lot 33, nm 5outh 77° 41' 1S' West. slong the N�a �;r�► beimdarY of said Lot 33 and the Southweataly ext�ibn thereo� a diet�nce of 40�ly�teat to s point oai the Bnikhead Line des�ribed abaw; nm thence Souti�csaterly alamg said �� Lina sloqg a curve to tbe left (radius — 1247.0 fixt) m n� distancs of 296.79 foet 269.09 fast, chord bearing — Soudh 19° 07' S1" Bazt); nm 9�ence North 68° SS' 27" Eeat at ��� ' ce of 40Z.14 fo�t to a poiat on tlie Northeasterly boundary of said Lot 36; rua thence � t;l��wesberly elong the Nottireasterly boundaries of said Lots 36� 35, 34 ead 33� which line is a �-.,`�aave to the right (radius — 847.0 feCt) an � dist� of Z35.76 feat (chord -?35.0 feet, chord 1 z-��atiiu,g—Naath 20° 17' 10" West) to the Poiat ofBegi�ming � �.. °, �`�.�`� ti• . , : �--' - n�.�ssi��� A 1 PINELI�AS COUNTY FL OF'F: REC. BK 14B26 PG 1988 Mort�e 9ewonic Hottife Mof�1�p aoo A Krarr�er and Manp� reaorded in C� desabeal � 4� � �, �� � �r o�n�r isEr�oflon Syttierr�s,, ina � Delaware corpof�on, os riom�nae for Amsri� Y� � fths'Mor�g�.�, fhc holder dthe MoHpage �asd�led by Terese ��dtord ("4wr� b ta�ar af Nkxipepes, d��sd Novnn�bar 23. 2004 or�d fd� 800k 1898� Paga ?�09 oF Iha Pubic Re�s ad Plnelles Ca�ty� oned'�F� a Ym and ancu�rd�no� upar► ul or a po�lion aF the tea� proparty D�0 W�'+�b! Daed Trar�far ot Dene�r UNt Do�relopmerd R�hls (tl'�e P+'�P�Y� �bl► oon�erMs tio o�rr�ar trar�mp �e �ou� {a� Qer�ty w�t the 7r�ar Properqt io the Trar�hnee Pr�oper� de�t7lhed � said Desd. Ihe eoaecutlon ai this mr�enk rdhc�p hsroin ef�t bo consin�ad to rand�r ttx nsible er �able �or tl�e petl�rmanoe ot atry ef tf+� oovar�ts or und�taldr�gc af tl�e De�d. � :�.�� n���-�z�o� , � �;�. . ���f . /14 �� �4` � t•�.A ��, t• � .t , •� ! �. � rti� � •�,',r' a �i/ Print na�ne��( � L� � � -:._ � — - ��� /� �/ $ � P��: ��-� n�y� $�A,� � Tr�-s � COUMY OF �j� _ �.�4s i �-r_.���� /'1�`I��, ��` �� �Y a ._.-- P�ir�� Nartw� �/[.+t�r� �; !/ c.�- ?�ria�J: ' �� ������ ��� 200� by L�A[�n �. `�i� _.vnaL•� . as i• ri c? p d 1�Aat�a Elecfionic Rapt�tratfon syslerns. lnc., a Dal�wara oo�poretlon. HeJshe fs persor�ally Imwrn tn me ar h�t P�duced "' as Wer�tlAcatlolf. sW11�U0lJfAN. CU1F�( .�•*';. wpp�oN�w+e� „p.r...Im1 of.�i� �tlerp� G�armr� Ma.S hOt n i��a nl , t',�-k My C�xrbasb�n 6cpit�x 4Iq �� t! (o 430 S. GULFVIEW BOULEVARD PARKING STUDY (UPDATE) Submitted To• City of Clearwater Prepared For: Salt Block 57, LLC 1001 E. Atlantic Ave., Suite 202 Delray Beach, FL 33483 Date: May 9, 2013 CLEARWATER BEACH HOTEL lA INTRODUCTION The 430 S. Gulfview Boulevard project is an update of a proposed 230 room hotel originally submitted to the City in 2008. The current project incorporates many of the features and characteristics originally proposed. The methodology for the parking analysis is consistent with the previously submitted report. The primary differences between the previous submittal and the current plan are limited to items which do not affect the parking requirements of the facility. The differences include: the number of garage parking levels, modifications of the proposed ballroom size and the elimination of a ballroom. Although there is a minor reduction in the total number of parking spaces proposed, the following analysis demonstrates the parking is adequate for the facility The site is located between Gulf Boulevard and the Gulf of Mexico, north of Hamden Drive. Access to the site will come from three driveways connecting to S. Gulfview Boulevard as shown on Figure A1. This report which is based on a 2008 parking study prepared for submittal to the City has been updated to review the proposed on-site parking operation and provide the parking demand and expected operation of the parking plan. 2.0 PROPOSED PARKING CHARACTERISTICS All parking for hotel guests and employees will be within the hotel garage and provided by valet service. Vehicles arriving at the hotel will unload passengers and drivers at the hotel arrival court located off of S. Gulfview Boulevard. A valet will drive the vehicles to the parking garage without reentering S. Gulfview Boulevard. Parking will be provided on three parking levels. Access between floors will be provided by two freight elevators. Deliveries to the hotel will take place through a service drive from S. Gulfview Boulevard located near the south side of the property. See Figure Al for the proposed driveway connections to S. Gulfview Drive and the location of the service dock and drive. 3.0 FREIGHT ELEVATORS Freight elevators will be used to transport ve�icles between floors in the hotel. Under normal working conditions, a series of two elevators are proposed. Each elevator has the capacity to transport one vehicle at a time. An emergency generator is proposed for the project which would be capable of providing power to one elevator at a time in the event of a power outage. 4.0 PAR�NG DE1v�lvn The hotel will have 230 guest rooms and include a restaurant, bar, spa and fitness center, nine meeting rooms, and 8,188 square foot ballroom. To provide the expected demand for parking at the hotel, two conditions resulting in a significant demand for parking are reviewed. The conditions include: • 100% hotel occupancy and a peak overlap in employee shifts. • 100% hotel occupancy and a large banquet with 450 people attending. The hotel will be staffed 24 hours per day using three shifts. The shifts will run from 7:00 am to 3:00 pm, 3:00 pm to 11:00 pm and 11:00 pm to 7:00 am. Shift l, the day shift, will have 75 staff members on duty, Shift 2 will have 25 staff, and Shift 3 will have ten people. A large banquet will require an additional 25 persons to handle the expected guests. It is projected, based on the origina12008 report the parking requirement will be one parking space for every four employees (25% of the staffl. Additional staff are expected to arrive at the hotel using public transit, to be dropped off by others or to share a ride with an employee parking at the hotel. Tables 1 and 2 identify the various staff shifts, number of staff and parking requirements for each shift or staff required to handle a large banquet. 100% room occupancy is assumed for the analysis. The anticipated parking requirements are based on 60% of the occupied rooms requiring a parking space. Other means of arrivals to the hotel for guests include: airport shuttle, taxi, and charter bus. Some of the people arriving in a private vehicle may require more than one hotel room (families with children or business people coming to a convention). Based on the 230 rooms, the parking demand would be 138 vehicles. A conference with 450 attendees is included as part of the parking analysis. Of the conference attendees half are expected to stay at the hotel. Half would arrive at the banquet in personal vehicles with an auto occupancy of two people per car. As indicated in Table 1, a banquet with 450 attendees would require 113 parking spaces. The number of parking spaces required for the two operating conditions outlined above has been analyzed considering time of day for the various parking demands. Table 2 summarizes the demand for parking on an hourly basis throughout the day, assuming 100% occupancy in the hotel and no special event. As is indicated in Table 2, the highest demand comes in the period from 2:00 pm to 4:00 pm with 163 parking spaces required. 100% hotel room occupancy combined with a large banquet commands the largest number of parking spaces. The required parking for hotel guests, banquet attendees and staff are indicated by hour throughout the day in Table 3. As indicated in the Table, the greatest parking demand occurs from 6:00 pm to 10:00 pm as the banquet is in full attendance. The required parking for the condition is 263 parking spaces. 5.0 PARHING PROVIDED The hotel will provide parking in a three level garage on-site. The hotel will have 100% valet service, eliminating the need for handicapped spaces although one handicapped space is provided on the first parking level. There will be 279 marked spaces in the parking garage. Figures A1, A1.5 and A2.0 indicate the parking to be provided on the various levels. Some of the marked spaces will be two vehicles deep. Since all parking is provided by valet operation, access problems are not anticipated. If there is a greater demand for parking than is normally expected, additional cars could be stacked in the aisles of the garage. This potential overflow parking has been marked in red on Sheets A1, A1.5 and A2.0. The locations indicated assume an 8' wide by 20' long parking spot. This was done to allow maneuvering room for parking or retrieving a car. The number of valet spaces and marked spaces are summarized in Table 4, below. As indicated there will be 279 marked spaces, 8 handicapped and 46 valet spaces for a total of 333 parking spaces in the hotel garage. Level P1 P2 P3 Total Table 4. Parkin S aces Provided ADA Marked Spaces Valet Spaces 6.0 PARHING COMPARISON � 11 C 8 156 106 17 23 18 5 46 Subtotal 181 130 22 333 The number of parking spaces required has been compared to the number of spaces to be provided in the parking garage. At full occupancy, 163 parking spaces are necessary. At full occupancy with a large banquet, 263 parking spaces are indicated. As noted in Section 5 above, there will be 333 spaces available for parking within the garage. Since marked spaces exceed the parking demand, the proposed project will provide adequate parking for its needs. 7.0 CONCLUSION As demonstrated in this report, the hotel will have adequate capacity in its parking garage to handle most expected events and full occupancy of all its hotel rooms. The maximum need identified was for 263 parking spaces. The parking garage will have 333 spaces available, which exceeds the identified parking demand. Therefore, adequate parking provisions have been made available for the hotel. Table 1. 430 S. Gulfview Boulevard — Parking Demand Full Occu anc + Lar e Ban uet Spaces per Parking Spaces Function Variable Number Person/Room Re uired Hotel Staff — Shift 1 7:00 am to 3:00 m Persons 75 25% 19 Hotel Staff — Shift 2 3:00 m to 11:00 m Persons 25 25% 6 Hotel Staff — Shift 3 11:00 m to 7:00 am Persons 10 25% 3 Lar e Ballroom Staff Persons 25 25% 6 Hotel Rooms Occu ied Rooms 230 60% 138 Conference/Ban uet Attendees — Hotel Guests Persons 225 NA'' 0 Conference/Ban uet Attendees — Non-Guests Persons 225 2 113 Note: `Included in Hotel Rooms Occupied Amounts Tabie 2. 100°/a Occupancy — Time of Day Parking Needs Total Hotel Staff Hotel Parking Time Period Shift 1 Shift 2 Shift 3 Guests Needs 12 am to 1 am 3 138 141 1 am to 2 am 3 138 141 2 am to 3 am 3 138 141 3amto4am 3 138 141 4 am to 5 am 3 138 141 5 am to 6 am 3 138 141 6 am to 7 am 19 3 138 160 7 am to 8 am 19 3 138 160 8 am to 9 am 19 138 157 9 am to 10 am 19 138 157 10 am to 11 am 19 138 157 11 am to 12 m 19 138 157 12 m to 1 m 19 138 157 1 m to 2 m 19 138 157 2 m to 3 m 19 6 138 163 3 m to 4 m 19 6 138 163 4 m to 5 m 6 138 144 5 m to 6 m 6 138 144 6 m to 7 m 6 138 144 7 m to 8 m 6 138 144 8 m to 9 m 6 138 144 9 m to 10 m 6 138 144 10 m to 11 m 6 3 138 147 11 m to 12 am 6 3 138 147 Table 3. 100% Occupancy + Large Banquet Time of Day Parking Needs Conference/ Total Hotel Staff Hotel Ballroom Parking Time Period Shift 1 Shift 2 Shift 3 Ban uet Guests Non-Guest Needs 12 am to 1 am 3 138 141 1 am to 2 am 3 138 141 2 am to 3 am 3 138 141 3 am to 4 am 3 138 141 4amto5am 3 138 141 5amto6am 3 138 141 6 am to 7 am 19 3 138 160 7 am to 8 am 19 3 138 160 8 am to 9 am 19 138 157 9 am to 10 am 19 138 157 10 am to 11 am 19 138 157 11 am to 12 m 19 138 157 12 m to 1 m 19 138 157 1 m to 2 m 19 138 157 2 m to 3 m 19 6 138 163 3 m to 4 m 19 6 138 163 4 m to 5 m 6 6 138 150 5 m to 6 m 6 6 138 75 225 6 m to 7 m 6 6 138 113 263 7 m to 8 m 6 6 138 113 263 8 m to 9 m 6 6 138 113 263 9 m to 10 m 6 6 138 113 263 10 m to 11 m 6 3 6 138 75 228 11 m to 12 am 6 3 138 147