06/19/2007
COMMUNITY DEVELOPMENT BOARD MEETING MINUTES
CITY OF CLEARWATER
June 19, 2007
Present: Nicholas C. Fritsch Chair
Kathy Milam Vice-Chair
Thomas Coates Board Member
Dana K. Tallman Board Member
Frank L. Dame Board Member
Doreen DiPolito Board Member
Jordan Behar Board Member
Absent: Daniel Dennehy Alternate Board Member
Also Present: Gina Grimes Attorney for the Board
Michael Delk Planning Director
Gina Clayton Assistant Planning Director
Leslie Dougall-Sides Assistant City Attorney
Neil Thompson Development Review Manager
Brenda Moses Board Reporter
The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Pledge of
Allegiance.
To provide continuity for research, items are in agenda order although not
necessarily discussed in that order.
C. APPROVAL OF MINUTES OF PREVIOUS MEETING:
May 15, 2007
Member Coates moved to approve the minutes of the regular meeting of May 15, 2007,
motion
as submitted in written summation to each board member. The was duly seconded and
carried
unanimously.
D. LEVEL TWO APPLICATION (Item 1):
1.
Level Two Application
Case:
FLD2007-04012 – 445 Hamden Drive and 504 South Gulfview Boulevard
Owner/Applicant:
DiVello Land Trust, Fulvio DiVello Trustee.
Representative:
Renee Ruggiero, Northside Engineering Services, Inc. (601 Cleveland
Street, Suite 930, Clearwater, FL 33755; phone: 727-443-2869; fax: 727-446-8036; e-mail:
reneee@northsideengineering.com).
Location:
1.789 acres located at the northeast corner of Hamden Drive and South Gulfview
Boulevard.
Atlas Page:
276A.
Zoning District:
Tourist (T) District.
(1) Request:
Termination of Status of Nonconformity for density (existing 62-room hotel at
504 South Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are
permitted today), under the provisions of Section 6-109;
(2) Flexible Development approval to permit a Mixed Use of 31 attached dwellings at 445
Hamden Drive [Parcel A] and a 62-room hotel at 504 Gulfview Boulevard [Parcel B], with the
following:
Community Development 2007-06-19 1
Parcel A (445 Hamden Drive) –
a) Reductions to the front (west along Hamden Drive) setback from 15 feet to five feet (to
existing pavement) and to zero feet (to existing trash staging area);
b) A reduction to the side (north) from 10 feet to three feet (to existing pavement);
c) A reduction to the side (south) setback from 10 feet to zero feet (to patio deck);
d) A reduction to the rear (east) setback from 20 feet to seven feet (to existing pavement);
e) An increase to building height from 35 feet to 67 feet;
f) A reduction to the required interior landscape area from 10 percent to 3.7 percent of the
vehicular use area, as a Comprehensive Landscape Program, under the provisions of Section
3-1202.G; and
Parcel B (504 South Gulfview Boulevard) –
a) A reduction to the front (west along Hamden Drive) setback from 15 feet to zero feet (to
existing pavement);
b) A reduction to the front (south along South Gulfview Boulevard) from 15 feet to 8.5 feet (to
existing pavement);
c) A reduction to the side (north) setback from 10 feet to zero feet (to existing patio deck);
d) A reduction to the side (east) setback from 10 feet to 2.5 feet (to existing pavement);
e) An increase to building height from 35 feet to 62 feet, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C;
f) A reduction to the required interior landscape area from 10 percent to 2.6 percent of the
vehicular use area, a reduction to the foundation planting width along the west and south
sides of the hotel building on Parcel B from five feet to zero feet and to allow more than 10
parking spaces in a row without an intervening landscape island (three locations), as a
Comprehensive Landscape Program, under the provisions of Section 3-1202.G; and
(3) Flexible Development approval to permit a multi-use dock in conjunction with the attached
dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock
in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for two of the existing
slips (10 total existing slips), under the provisions of Section 3-601.C.3.
Proposed Use:
Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a
62-room hotel at 504 Gulfview Boulevard [Parcel B].
Neighborhood Associations:
Clearwater Beach Association (Jay Keyes, 100 Devon Drive,
Clearwater, FL 33767: phone: 727-443-2168; email: papamurphy@aol.com); and Clearwater
Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758).
Presenter:
Wayne M. Wells, AICP, Planner III.
Member Coates moved to accept Wayne Wells as an expert witness in the fields of
motion
zoning, site plan analysis, code administration, and planning in general. The was duly
carried
seconded and unanimously.
Senior Planner Wayne Wells reviewed the request. The 1.789 acres is located at the
northeast corner of Hamden Drive and South Gulfview Boulevard. The site basically is
rectangular and currently is developed with a 31-unit attached dwelling building (northern
building) and a 62-room hotel building (southern building). The following summarizes this
property’s recent past:
1. On August 17, 2004, the CDB (Community Development Board) approved Case
FLD2004-04023 for the Termination of Status of Nonconformity for density within the
Tourist District to permit the relocation of five overnight accommodation units from the
southern building (Building A) to the northern building (Building B) and the conversion of
five overnight accommodation units in the southern building (Building A) to accessory
storage and hotel office usage.
Community Development 2007-06-19 2
2. In May or June 2005, a storm (hurricane) did damage to both existing overnight
accommodation buildings on-site, with the northern building receiving the greater
damage.
3. A building permit (BCP2005-06826) to repair the top five floors due to hurricane damage
was submitted on June 22, 2005, and was issued on July 19, 2005, for the northern
existing overnight accommodation building (issued for a hotel building).
4. On August 16, 2005, the CDB approved Case FLD2005-05051 for 1) Termination of
Status of Nonconformity for density (111 overnight accommodation units existing to be
converted to 83 dwelling units, where 53 dwelling units are permitted today); and 2)
Flexible Development approval to permit 83 attached dwellings. This project entailed
retaining the northern building with its conversion to 31 attached dwellings, the
demolition of the southern building and the construction of a new southern building with
52 attached dwellings. The approval included the following 14 conditions: 1) That the
final design and color of the buildings be consistent with the conceptual elevations
submitted to, or as modified by, the CDB; 2) That a Unity of Title be recorded in the
public records prior to the issuance of any permits; 3) That, prior to the issuance of the
building permit for the new, southern building, building plans be revised to indicate the
height of the elevator and stair towers a maximum of 16 feet above the roof deck; 4)
That, prior to the issuance of any permits, cross sections of the stormwater treatment
pond and revised drainage calculations demonstrating compliance with City Design
Criteria be submitted, acceptable to the Engineering Department, and include the
SWFWMD permit; 5) That boats moored at the existing dock, lifts and/or slips be for the
exclusive use by the residents and/or guests of the condominiums and not be permitted
to be sub-leased separately from the condominiums; 6) That hedges and other
landscaping (not including trees) on the northern portion of the site be maintained to a
maximum height of three feet to provide continued views of the water by adjacent
property owners and tenants/guests. Landscape materials along the north and east
sides of the property shall be of a type that minimizes insect and maintenance debris
impacts on the neighbor to the north. Landscape plans shall show compliance with
these requirements prior to the issuance of building permits for the relocated units/rooms
in the northern building (Building B); 7) That revised site and landscape plans be
submitted showing all landscaped areas protected from vehicular traffic by curbing and
wheel stops, including the existing northern parking area, prior to the issuance of any
permits; 8) That the landscape plan be revised prior to the issuance of any permits to
indicate landscaping of that area at the intersection between the rights-of-way lines and
the main sidewalk from the new southern building; 9) That future signage meet the
requirements of the Code and any freestanding sign be a monument-style sign a
maximum four feet in height, designed to match the exterior materials and colors of the
building. Prior to the issuance of the first Certificate of Occupancy in the northern
building, existing signage must be brought into compliance with current Code
requirements; 10) That all applicable requirements of Chapter 39 of the Building Code
be met related to seawall setbacks; 11) That all proposed utilities (from the right-of-way
to the proposed buildings) be placed underground; 12) That a condominium plat be
recorded prior to the issuance of the first Certificate of Occupancy; 13) That all Parks
and Recreation fees be paid prior to the issuance of any permits; and 14) That all Fire
Department requirements be met prior to the issuance of any permits.
Community Development 2007-06-19 3
5. On July 25, 2006, a request was submitted to the Planning Director for a time extension
to submit for a building permit under the approval of FLD2005-05051. The Time
Extension Development Order, dated August 21, 2006, granted a six-month time
extension to February 16, 2007, based on the current use of the property being an
overnight accommodation use and that there has been no building permit request or
issuance to convert the use of the property to attached dwellings. Building Permit
#BCP2005-06826, applied for on June 22, 2005, and issued on July 19, 2005, was for
the interior repair of the top five floors due to hurricane damage for the existing overnight
accommodation use and predated the approval of FLD2005-05051 to convert the use of
the property to attached dwellings. It was noted that a conflict would occur with CDB
approvals for a request to convert the northern building to attached dwellings while the
southern building still operates as an overnight accommodation use (i.e. mixed use).
6. On January 16, 2007, the CDB granted a one-year time extension for FLD2005-05051 to
February 16, 2008, to submit a building permit to construct the site improvements.
7. Construction proceeded under BCP2005-06826 with no request to change the use under
the building permit from overnight accommodations to attached dwellings. The owners
desired a Certificate of Occupancy for the northern building under BCP2005-06826 to
occupy the building as 31 attached dwellings. With assistance from the City Attorney’s
office, the owner recorded a Declaration of Restrictions on February 22, 2007, in OR
Book 15648, Pages 809 – 818, to allow the issuance of Certificates of Occupancy as
attached dwellings, with the assurances the owner would file the subject Flexible
Development application to formally have a mixed use approved on the property and
deal with issues of the mixed use, including density and parking.
Properties to the north, west and south are currently developed with overnight
accommodation uses. The property to the east along South Gulfview Boulevard is developed
with a 55-unit, eight-story attached dwelling building.
The development proposal for this property is for mixed use of 31 attached dwellings in the
northern building/lot and a 62-room hotel in the southern building/lot. This proposal reflects the
resultant effect of the downturn of the condominium market on the redevelopment of the overall
site and the financial constraints of the owner. This is not the ideal situation anticipated through
prior approvals, but rather reflects existing conditions. This redevelopment proposal is a hybrid
between what was intended for the property of attached dwellings in the northern building through
the 2005 Flexible Development approval and the existing hotel on the property in the southern
building. An important factor in this case is the ability to retain an overnight accommodation use
on the beach where many hotels/motels have been lost to condominium (attached dwelling)
construction. Mixed use, however, is not a use provided for in the Tourist (T) District, and is the
reason such request must be processed as a Comprehensive Infill Redevelopment Project. The
31 attached dwellings in the northern building are a result of the approval under FLD2005-05051
and the remodeling of the prior hotel use in this building through the combination of rooms to
create dwelling units of marketable size. Seven attached dwellings were created on the first living
level above the ground-level parking garage, while six dwelling units were created on the second
through fifth living levels. The northern attached dwelling building is 67 feet tall (to the flat roof
deck). The southern building contains 62 hotel rooms on five levels. All business tenant units on
the west side of the ground floor of the southern hotel building have been discontinued or have
been converted to accessory storage for the hotel. A total of 125 parking spaces are proposed
on-site (see further discussion below under Minimum Off-Street Parking).
Community Development 2007-06-19 4
The overall property will have two lots. Condominium regulations require the attached
dwelling condominium building to be on its own lot separate from the hotel. Since the overall
property is numerous platted lots, the common lot line between the attached dwelling lot and the
hotel lot follows a platted lot line. A Declaration of Unity of Title (for condominium) will be
required for the attached dwelling lot, as well as a Declaration of Unity of Title for the hotel lot.
These Declarations of Unity of Title will be required to be recorded in the public records within
30 days of the CDB approval of this application.
The existing northern building was originally clad with vinyl siding but was resurfaced
with a stucco finish, painted white with blue accents. The southern hotel building also was clad
with gray vinyl siding. The siding has been removed for safety purposes from the south side of
the southern hotel building due to storm damage, showing the existing rock finish. It is the
owner’s intention to resurface the south side of the hotel building with gray vinyl siding to match
the rest of the building.
Lighting on the northern portion of the attached dwelling lot currently is in disrepair but
also intrudes onto the property to the north. Lighting on this northern area should be brought
into compliance with Code requirements and angled or shielded to eliminate the negative light
intrusion on the adjacent property.
A 10-slip dock was previously constructed for the hotel and is located on the east side of
the northern attached dwelling building. The owner has been renting these slips, which is not in
compliance with Code prohibitions to such rental. The application indicates these boats will be
removed with the approval of this case. This Flexible Development application has been
advertised to include approval to permit a multi-use dock in conjunction with the attached
dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a commercial dock
in conjunction with existing hotel at 504 South Gulfview Boulevard. [Parcel B] for two of the
existing slips (10 total existing slips). No construction of any docks or additional slips is part of
this application. This dock portion of the application reflects the change of use to the northern
building for attached dwellings and the desired dual usage of these slips by both the attached
dwellings and the hotel.
Since the original building permit was issued as a remodeling of the existing northern
hotel building due to storm damage, no Parks and Recreation Impact Fees were assessed.
During discussions with the owner’s attorney and Staff’s attempt to assist the owner under his
dire circumstances regarding the use of the northern building, the issuance of Certificates of
Occupancies as attached dwellings failed to assess these Parks and Recreation Impact Fees.
The ordinances for these fees have been in effect since 1983 and have been uniformly applied
since their adoption. These fees cannot be overlooked or waived. The total fee is $227,442.78
($68,724.03 open space; $154,968.75 recreation land; $3,750.00 recreation facility). Any
approval of this application will require payment of this $227,442.78 fee by October 30, 2007
(end of business day). If not paid by this date, the fees could change, as the fees would be
recalculated using the 2007 tax value.
The approval granted under FLD2005-05051 included the termination of nonconforming
hotel density (111 overnight accommodation units existing) and the conversion to 83 dwelling
units (where 53 dwelling units are permitted based on 30 dwelling units per acre). Pursuant to
the Countywide Future Land Use Plan, the maximum density for properties with a designation of
Resort Facilities High is 30 dwelling units per acre (attached dwellings) and 50 rooms per acre
(overnight accommodation uses). Since the Code has been amended to preclude the
termination of nonconforming density and converting it to a different use (such as overnight
Community Development 2007-06-19 5
accommodation units to attached dwellings), this proposal must meet these new rules. As such,
the density restrictions for the northern lot (attached dwellings) produce a maximum of 26
dwelling units. However, there have been 31 dwelling units constructed in the northern building
through the approvals granted under FLD2005-05051. Through the discussions with the
owner’s attorney and engineer, the Planning Department finds it acceptable to leave the 31
dwelling units in the northern building, even though it is five dwelling units greater than would be
currently allowed, so long as there is a commensurate reduction of five dwelling units for the
southern hotel lot should it ever be desired to be redeveloped for attached dwellings or other
residential use. Any approval of this request should include such a restriction for the southern
hotel lot. The proposal also includes a termination of status of nonconformity for density for the
hotel lot (see discussion below).
The development proposal includes a request for Termination of Status of
Nonconformity for density to permit the existing 62-room hotel at 504 South Gulfview Boulevard
to remain on the southern hotel lot [Parcel B], where 44 rooms are permitted today. An
important factor in this case is the ability to retain the overnight accommodation use on the
beach where many hotels/motels have been lost to condominium (attached dwelling)
construction. The criteria for Termination of Status of Nonconformity, as per Section 6-109 of
the Community Development Code and outlined in the table below, including compliance with
perimeter buffer requirements, the provision of required landscaping for off-street parking lots
and bringing nonconforming signs, lighting and accessory uses/structures into compliance with
the Code will be met with this development proposal. The discussion of these criteria will be
addressed under the appropriate sections of this Staff Report.
Pursuant to Section 2-801.1 of the Community Development Code, the maximum
allowable I.S.R. is 0.95. The attached dwelling lot proposed I.S.R. is 0.87 and the hotel lot
proposed I.S.R. is 0.94 (overall of 0.90 I.S.R.), which is consistent with the Code provisions.
Pursuant to Table 2-803 of the Community Development Code, the minimum front
setback for attached dwellings and overnight accommodation uses can range between 0 – 15
feet, the minimum side setback can range between 0 – 10 feet and the minimum rear setback
can range between 10 – 20 feet (0 – 20 feet for overnight accommodation uses). The proposal
includes setback reductions for the attached dwellings lot (445 Hamden Drive, Parcel A) to the
front (west along Hamden Drive) setback from 15 feet to five feet (to existing pavement) and to
zero feet (to existing trash staging area), a reduction to the side (north) from 10 feet to three feet
(to existing pavement), a reduction to the side (south) setback from 10 feet to zero feet (to patio
deck) and a reduction to the rear (east) setback from 20 feet to seven feet (to existing
pavement). The proposal includes setback reductions for the hotel lot (504 South Gulfview
Boulevard, Parcel B) to the front (west along Hamden Drive) setback from 15 feet to zero feet
(to existing pavement), a reduction to the front (south along South Gulfview Boulevard) from 15
feet to 8.5 feet (to existing pavement), a reduction to the side (north) setback from 10 feet to
zero feet (to existing patio deck) and a reduction to the side (east) setback from 10 feet to 2.5
feet (to existing pavement).
The setback reductions included with this proposal reflects the existing conditions of the
site. There were improvements made to the northern attached dwellings lot with some of the
remodeling construction and reflects the approvals under FLD2005-05051. The setback
reductions for the southern hotel lot are to existing structures. Side setback reductions to the
existing patio deck are due to the location of the common lot line running through the patio deck
that will serve both the attached dwelling lot and the hotel lot. Again, these are not ideal
circumstances but reflect existing conditions of the site. Setbacks cannot be increased due to
Community Development 2007-06-19 6
the Code dimensional requirements for parking lots. The northern attached dwelling building
has a refuse collection room on the ground floor parking level. Dumpsters will be rolled out to
the staging area on collection days. The location of the trash staging area at a zero setback
from the west property line adjacent to Hamden Drive is necessary to eliminate the necessity of
the trash truck coming on-site and is common with many newer developments. Proposed
setbacks are consistent with existing setbacks for other existing developments in close
proximity.
Pursuant to Table 2-803 of the Community Development Code, the maximum allowable
height for attached dwellings and overnight accommodations can range between 35 – 100 feet.
The attached dwelling building exists at a height of 67 feet (to roof deck) and the hotel building
exists at a height of 62 feet (to roof deck). These existing heights are consistent with the Tourist
District and the South Beach/Clearwater Pass District of Beach by Design. These existing
heights are also compatible with the height of buildings constructed, under construction or
approved within the surrounding area. The attached dwelling building at 530 South Gulfview
Boulevard (adjacent to the east) was approved/constructed at a height of 93 feet. The existing
overnight accommodation building at 521 South Gulfview Boulevard has two towers at a height
of 74 and 58 feet. A proposed attached dwelling building directly south at 521 South Gulfview
Boulevard has been approved at a height of 128 feet. These existing heights for this application
are also compatible with the two existing attached dwelling buildings at 440 and 450 South
Gulfview Boulevard that are 157 feet in height.
The site has one existing driveway on Hamden Drive for the attached dwelling building
and two existing driveways for the hotel building, one on Hamden Drive and one on South
Gulfview Boulevard. These driveways will be retained in their present locations. The sidewalks
along the site frontages of Hamden Drive and South Gulfview Boulevard have been
reconstructed as part of the City’s Beach Walk project.
Pursuant to Table 2-803 of the Community Development Code, the minimum required
parking for attached dwellings is two spaces per dwelling unit and required parking for overnight
accommodations is one space per room. Based on 31 dwelling units (62 required spaces) and
62 hotel rooms (62 required spaces), a minimum of 124 total parking spaces is required for this
development. A total of 125 spaces are proposed. Handicap parking at the hotel is being
upgraded to meet minimum requirements, including an accessible path to the sidewalk in
Hamden Drive. Not all of the required parking spaces for the hotel are on the hotel lot, but
some are on the attached dwelling lot. A cross parking agreement or easement between the
two lots/owners will need to be recorded in the public records.
Pursuant to Section 3-904.A of the Community Development Code, to minimize hazards
at street or driveway intersections, 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. The applicant is relocating the dumpster enclosure for the hotel
outside the visibility triangle for that hotel driveway on Hamden Drive. The existing
nonconforming freestanding sign at the intersection of Hamden Drive and South Gulfview
Boulevard is located within the visibility triangle. With the requirement to bring nonconforming
signage into compliance, any new freestanding sign cannot be located within any visibility
triangle. Proposed landscaping must also respect the visibility triangle requirements through
proper planting and maintenance.
The proposal includes a reduction to the required interior landscape area from 10
percent to 3.7 percent of the vehicular use area for the northern attached dwelling lot (Parcel A).
Community Development 2007-06-19 7
The proposal also includes a reduction to the required interior landscape area from 10 percent
to 2.6 percent of the vehicular use area, a reduction to the foundation planting width along the
west and south sides of the hotel building from five feet to zero feet and to allow more than 10
parking spaces in a row without an intervening landscape island (three locations) for the
southern hotel lot (Parcel B). Pursuant to Section 3-1202.D of the Community Development
Code, there are no perimeter buffers required in the Tourist District for this site. However, the
applicant has already landscaped the northern attached dwelling lot, including along Hamden
Drive, and proposes to landscape the area along the west side along South Gulfview Boulevard
and the east side of the southern hotel lot. Because both the northern attached dwelling lot
(Parcel A) and the southern hotel lot (Parcel B) have more than 4,000 square feet of paved
vehicular use area outside of the building footprint, each lot is required to provide 10 percent of
the vehicular use area in interior landscaping (Section 3-1202.E.1). Due to site constraints
primarily related to existing conditions and required parking, the required interior landscape area
cannot be placed on either lot.
Pursuant to Section 3-1202.E.2 and the Termination of Status of Nonconformity criteria
for the southern hotel lot, a foundation landscape area of a minimum five-foot width is required
along the west and south sides of the hotel building. The proposal includes a request to
eliminate the required foundation landscaping for the hotel lot along the west and south sides of
the building. The inability to provide foundation landscaping is due to a required vehicular drive
aisle on the south side of the building and the existing parking lot and sidewalk access on the
west side of the building. Staff would much rather retain and enhance the 8.5-foot landscape
area along South Gulfview Boulevard for the betterment of the site in lieu of the foundation
landscaping on the south side. The dimensional requirements for parking lots make it
impossible to provide the foundation landscaping on the west side.
Pursuant to Section 3-1202.E.1, interior landscape islands are required to be provided
so that no more than 10 parking spaces are in a row. The two parking rows on the west side of
the hotel have 11 parking spaces in a row, while there are 19 parking spaces in a row along the
east side of the hotel lot. Due to required parking requirements, compliance with this
requirement for intervening landscape islands in these three locations is not possible.
The landscape plan for the southern hotel lot includes the planting of tiered landscape
materials along South Gulfview Boulevard of viburnum, gold mound duranta and philodendron.
This landscape area will be enhanced with date palms and glossy privet ligustrum trees. The
area around the dumpster enclosure on Hamden Drive will also be enhanced with new
landscaping, including yew pine podocarpus, viburnam, philodendron and variegated flax lily
groundcover. Two glossy privet ligustrum trees will also be planted. The existence of overhead
utility lines along Hamden Drive restricts the planting of trees along this area to accent trees.
The area along the east property line will be planted with a viburnam hedge. The plan indicates
silver buttonwood trees to also be planted within this eastern landscape area, however, these
trees are subject to die back from freezing and should be replaced with clusters of palm trees.
The landscape plan will need to be amended to reflect this change prior to the issuance of the
site improvement permit.
Pursuant to Section 3-1202.G of the Community Development Code, the landscaping
requirements contained within the Code can be waived or modified if the application contains a
Comprehensive Landscape Program satisfying certain criteria.
The trash chute serves the attached dwellings on the northern lot, with a trash room on
the ground floor. Dumpsters are wheeled out to a staging area on Hamden Drive on trash
Community Development 2007-06-19 8
collection days. The existing hotel is served by an existing dumpster adjacent to the hotel
driveway on Hamden Drive. The proposal includes reconstructing the dumpster enclosure to
meet City requirements, relocating it outside of the sight visibility triangle. The proposal has
been found to be acceptable by the City’s Solid Waste Department.
There exists one freestanding sign in front of the attached dwelling building at 445
Hamden Drive approximately four-to-five feet in height. There is a freestanding sign for the
hotel building located on South Gulfview Boulevard at the intersection with Hamden Drive
approximately 10 feet in height. Code requirements for freestanding signs in the Tourist District
permit only monument signs at a maximum height of four feet (Section 3-1806.B.2). Under the
Comprehensive Sign Program the maximum sign height in the Tourist District may be six feet
(Section 3-1807.C.2). At least the hotel sign is nonconforming to current Code requirements.
Section 6-104.A requires nonconforming signs to be brought into compliance with Code
provisions when a building permit is required for the redevelopment of a principal use/structure.
Since building permits were required for the remodeling of the northern building, signage for the
overall site must be brought into compliance. Bringing signage into compliance with current
Code requirements was required under both Case FLD2004-04023 and FLD2005-05051.
Signage must still be brought into compliance with Code provisions for this now mixed use,
most likely through the Comprehensive Sign Program provisions. The approval of this request
should be conditioned on such compliance within a reasonable time frame, given the present
circumstances.
There are no outstanding Code Enforcement issues associated with the subject
property.
The DRC (Development Review Committee) reviewed the application and supporting
materials at its meeting of May 3, 2007, and deemed the development proposal to be sufficient
to move forward to the CDB, based upon the following findings of fact and conclusions of law:
Findings of Fact: 1) The subject 1.789 acres is located at the northeast corner of
Hamden Drive and South Gulfview Boulevard; 2) In May or June 2005, a storm (hurricane) did
damage to both existing overnight accommodation buildings on-site, with the northern building
receiving the greater damage; 3) A building permit (BCP2005-06826) to repair the top five floors
due to hurricane damage was submitted on June 22, 2005, and was issued on July 19, 2005,
for the northern existing overnight accommodation building (issued for a hotel building); 4) On
August 16, 2005, the CDB approved Case No. FLD2005-05051 for (1) Termination of Status of
Nonconformity for density (111 overnight accommodation units existing to be converted to 83
dwelling units, where 53 dwelling units are permitted today); and (2) Flexible Development
approval to permit 83 attached dwellings. This project entailed retaining of the northern building
with its conversion to 31 attached dwellings, the demolition of the southern building and the
construction of a new southern building with 52 attached dwellings; 5) Construction proceeded
under BCP2005-06826 with no request to change the use under the building permit from
overnight accommodations to attached dwellings; 6) The site is currently developed with a 31-
unit attached dwelling building (northern building) and a 62-room hotel building (southern
building); 7) The development proposal for this property is for mixed use of 31 attached
dwellings in the northern building/lot and a 62-room hotel in the southern building/lot; 8) This
redevelopment proposal is a hybrid between what was intended for the property of attached
dwellings in the northern building through the 2005 Flexible Development approval and the
existing hotel on the property in the southern building; 9) The proposal represents the ability to
retain an overnight accommodation use on the beach where many hotels/motels have been lost
to condominium (attached dwelling) construction; 10) The Code has been amended to preclude
Community Development 2007-06-19 9
the termination of nonconforming density and converting it to a different use (such as overnight
accommodation units to attached dwellings), requiring this proposal to meet these new rules;
11) The maximum density for the northern lot (attached dwellings) is 26 dwelling units.
However, 31 dwelling units were constructed in the northern building through the approvals
granted under FLD2005-05051; 12) The Planning Department finds it acceptable to leave the 31
dwelling units in the northern building, even though it is five dwelling units greater than currently
allowed, so long as there is a commensurate reduction of five dwelling units for the southern lot
should it ever be desired to be redeveloped for attached dwellings or other residential use; 13)
The development proposal includes a request for termination of status of nonconformity to
permit the existing 62- room hotel at 504 South Gulfview Boulevard to remain on the southern
lot (Parcel B), where 44 rooms are permitted today; 14) Setback reductions reflect existing
conditions, which are less than Code requirements, but are still consistent with existing setbacks
for other projects in close proximity; 15) Building heights of 67 feet for the attached dwelling
building and 62 feet for the overnight accommodation building reflect existing conditions, which
are consistent and compatible with the height of buildings constructed, under construction or
approved within the surrounding area; 16) A total of 125 parking spaces are proposed, where
124 spaces are required. Handicap parking improvements for the hotel lot are included in the
proposal; 17) The proposal includes reductions to the required interior landscape area for both
the attached dwelling lot and the hotel lot, a reduction to eliminate the foundation planting width
along the west and south sides of the hotel building and to allow more than 10 parking spaces in
a row without an intervening landscape island (three locations) on the hotel lot. These
reductions reflect existing site constraints due primarily to the amount of required parking and
the Code dimensional requirements for parking lots; 18) Existing signage of the overall site is
nonconforming and must be brought into compliance with current Code requirements. Most
likely the Comprehensive Sign Program will be utilized to provide signage for this overall site;
19) Parks and Recreation Impact Fees were not assessed previously for the remodeling of the
northern attached dwelling building and must be assessed and paid with this application; and
20) That there are no active Code Enforcement cases for this property.
Conclusions of Law: 1) That the development proposal is generally consistent with the
Standards as per Tables 2-801.1 and 2-803 of the Community Development Code; 2) That the
development proposal is consistent with the Flexibility criteria as per Section 2-803.C of the
Community Development Code; 3) That the development proposal is consistent with the
General Standards for Level Two Approvals as per Section 3-913 of the Community
Development Code; and 4) That the development proposal is consistent with the
Comprehensive Landscape Program criteria as per Section 3-1202.G of the Community
Development Code.
Based upon the above, the Planning Department recommends approval of: 1)
Termination of Status of Nonconformity for density (existing 62- room hotel at 504 South
Gulfview Boulevard to remain on the southern lot [Parcel B], where 44 rooms are permitted
today), under the provisions of Section 6-109, and 2) Flexible Development approval to permit a
Mixed Use of 31 attached dwellings at 445 Hamden Drive [Parcel A] and a 62-room hotel at 504
Gulfview Boulevard [Parcel B], with the following:
Parcel A (445 Hamden Drive) –
a) Reductions to the front (west along Hamden Drive) setback from 15 feet to five
feet (to existing pavement) and to zero feet (to existing trash staging area);
b) A reduction to the side (north) from 10 feet to three feet (to existing pavement);
c) A reduction to the side (south) setback from 10 feet to zero feet (to patio deck);
Community Development 2007-06-19 10
d) A reduction to the rear (east) setback from 20 feet to seven feet (to existing
pavement);
e) an increase to building height from 35 feet to 67 feet;
f) A reduction to the required interior landscape area from 10 percent to 3.7 percent
of the vehicular use area, as a Comprehensive Landscape Program, under the
provisions of Section 3-1202.G; and
Parcel B (504 South Gulfview Boulevard) –
a) A reduction to the front (west along Hamden Drive) setback from 15 feet to zero
feet (to existing pavement);
b) A reduction to the front (south along South Gulfview Boulevard) from 15 feet to
8.5 feet (to existing pavement);
c) A reduction to the side (north) setback from 10 feet to zero feet (to existing patio
deck);
d) A reduction to the side (east) setback from 10 feet to 2.5 feet (to existing
pavement);
e) An increase to building height from 35 feet to 62 feet, as a Comprehensive Infill
Redevelopment Project, under the provisions of Section 2-803.C;
f) A reduction to the required interior landscape area from 10 percent to 2.6 percent
of the vehicular use area, a reduction to the foundation planting width along the
west and south sides of the hotel building on Parcel B from five feet to zero feet
and to allow more than 10 parking spaces in a row without an intervening
landscape island (three locations), as a Comprehensive Landscape Program,
under the provisions of Section 3-1202.G; and
Flexible Development approval to permit a multi-use dock in conjunction with the
attached dwellings at 445 Hamden Drive [Parcel A] for eight of the existing slips and a
commercial dock in conjunction with existing hotel at 504 South Gulfview Blvd. [Parcel B] for
two of the existing slips (10 total existing slips), under the provisions of Section 3-601.C.3, with
the following conditions:
Conditions of Approval: 1) That the final design and color of the hotel building be
consistent with the owner’s intent as included in the application materials, or as modified by the
CDB; 2) That Declaration of Unity of Title documents each for the hotel lot and the attached
dwelling lot be recorded in the public records by July 19, 2007; 3) That any future change of use
to attached dwellings or other residential uses for the southern hotel lot (Parcel B) be developed
with five (5) less dwelling units (or residential equivalent) than permitted under maximum density
regulations. Such use/density restriction shall be recorded as a Deed Restriction, enforceable
by the City, or other legal instrument acceptable to the City Attorney by July 19, 2007; 4) That
there be a minimum 30-day length of stay by the unit owner or rental/lease tenant in any
dwelling in the northern building; 5) That cross access, parking, drainage and pool access
between the two lots/owners be recorded in the public records by October 19, 2007; 6) That the
Florida Department of Business and Professional Regulation, Division of Hotels and
Restaurants, license and the City's Business Tax Receipt be amended to reflect a maximum of
62 rooms for the hotel (504 South Gulfview Boulevard) by July 19, 2007; 7) That there be no
business tenant spaces on the west side of the hotel building; 8) That a building permit be
submitted by December 31, 2007, to resurface at least the south side of the hotel building with
gray vinyl siding to match the rest of the building; 9) That a building permit be submitted by
October 19, 2007, to construct the site and landscape improvements, with the landscape plan
for the hotel lot amended to replace the silver buttonwood trees with clusters of palm trees along
Community Development 2007-06-19 11
the east property line; 10) That existing freestanding and attached signage for both the attached
dwelling lot and the hotel lot be brought into compliance with Code requirements. Applications
for sign permits or a Comprehensive Sign Program must be submitted by October 19, 2007.
Freestanding signage shall be monument-style, designed to match the exterior materials and
color of the building; 11) That lighting on the northern area of the attached dwelling lot be
brought up to Code requirements and angled or shielded to eliminate negative light intrusion on
the adjacent property; 12) That hedges and other landscaping (not including trees) on the
northern portion of the site and along the northern 100 feet along the water of the attached
dwelling lot (Parcel A) be maintained to a maximum height of three feet to provide continued
views of the water by adjacent property owners and their tenants/guests. Landscape materials
along the north and east sides of the property shall be of a type that minimizes insect and
maintenance debris impacts on the neighbor to the north; 13) That use of the southern two slips
at the existing docks be for exclusive use for the mooring of boats by guests of the hotel at 504
South Gulfview Boulevard and are not permitted to be rented, leased or sold separately from
use by guests of the hotel; 14) That boats moored at the existing dock, lifts and/or slips for the
northern eight slips be for the exclusive use by the residents and/or guests of the attached
dwelling condominiums at 445 Hamden Drive and not be permitted to be sub-leased, rented or
sold separately from the attached dwelling condominiums; 15) That no liveaboards be allowed
in any of the slips at the existing dock; and 16) That all Parks and Recreation fees, totaling
$227,442.78, for the northern attached dwelling building be paid no later than October 30, 2007.
If not paid by this date, the fees could change, as the fees would be recalculated using the 2007
tax value.
Kent Runnels, representative, said he hopes the CDB will consider the value of the hotel
rooms to the community. He said except for the density, the project complies with Code. He
said the applicant feels this project is in their best interests, as condominiums are no longer
economical feasible. He said the applicant requests 62 hotel rooms where Code allows 44.
However, the project would be reduced by 30 condominium units.
In response to questions, Renee Ruggiero, Northside Engineering Services, said two
additional parking spaces are being added, landscaping will be increased along Gulfview
Boulevard, and handicapped accessibility to the sidewalk on the west side was added. She
said there is little space along Hamden for landscaping. The dumpster will be relocated to the
east and a new enclosure and landscaping will provide buffering. She said the drive aisles on
Hamden and Gulfview Boulevard are one way in and out. In response to a suggestion, Ms.
Ruggiero said the applicant would be happy to work with staff regarding angled parking. She
said the applicant feels additional on site parking is more desirable than additional interior
landscaping, especially near the beach.
In response to questions, Planning Director Michael Delk said if the CDB approves
removal of the nonconforming use, the project will conform to Code. Concern was expressed
that the project’s density is approximately 40% higher than permitted by Code and that it could
affect the area’s future development. Assistant City Attorney Leslie Dougall-Sides said if the
nonconforming status is terminated, the development thereafter can continue to expand as a
lawful use. Any modifications to the site plan would require staff and/or CDB review.
In response to a question, Mr. Runnels said the applicant prefers approval of termination
of the nonconforming use, as the applicant wishes to build 62 hotel units. He said the property
would be adversely affected economically should it be sold in the future.
Community Development 2007-06-19 12
Housh Ghovaee, Northside Engineering, said the applicant is applying density averaging
to the property to achieve the project. He said although this is one project, the parcels are being
subdivided. More land is being allocated for the condominium project than for the hotel. He
said there would be no more density on the property than both parcels can support. It was
remarked that the applicant cannot apply density averaging on two separate parcels.
Ms. Dougall-Sides said if the COB does not grant this application, the property owner
remains entitled to the rights granted under the previous approval. As indicated above, the COB
granted a one-year time extension to February 16, 2008, to submit a building permit to construct
the site improvements.
Member Coates moved to approve Case FLD2007-04012, based on the evidence and
testimony presented in the application, the Staff Report, and at today's hearing, and hereby
adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with conditions of
approval as listed. The motion was duly seconded. Members Milam, Coates, Tallman, Dame,
DiPolito, and Behar voted "Aye". Chair Fritsch voted "Nay". Motion carried.
E. DIRECTOR'S ITEM (Item 1)
1. Proposed Amendment to the Rules of Procedure
At the last meeting, it was requested that items pulled from the Consent Agenda be
heard as the next items after Consent Agenda approval. In response to a question, Attorney for
the Board Gina Grimes said it is not necessary to incorporate the procedure into the board's
policies.
Member Dame moved to approve the amendment to the COB Rules of Procedure that
the COB consider items pulled from the Consent Agenda immediately following Consent
Agenda approval. The motion was duly seconded and carried unanimously.
F. ADJOURNMENT
The meeting adjourned at 1:47 p.m.
~~ro
9JkIaJ}h;
Bo rd Reporter
Community Development 2007-06-19
13
COMMUNITY DEVELOPMENT BOARD
Meeting Date: June 19, 2007
I have conducted a personal investigation on the personal site visit to the following properties.
Level Two Applications (Item - 1)
1.
ca~1LD2007-04012 - 445 Harnden Drive and 504 South Gulfview Boulevard
Yes no
Signature: i
S:\Planning Depa
COMMUNITY DEVELOPMENT BOARD
Meeting Date: June 19, 2007
I have conducted a personal investigation on the personal site visit to the following properties.
Level Two Applications (Item - 1)
1.
Case:YLD2007-04012 - 445 Harnden Drive and 504 South Gulfview Boulevard
V Yes no
Signature: . Date: G. / /<( ~ '7
S:\Planning Depmiment\C D B\CDB, property investigatI n check list.doc
COMMUNITY DEVELOPMENT BOARD
Meeting Date: June 19, 2007
I have conducted a personal investigation on the personal site visit to the following properties.
1. Cas. FLD2007-04012 - 445 Harnden Drive and 504 South Gulfview Boulevard
Yes no
Signature:
S:\Planning De
y investigation check list. c