CITY OF TREASURE ISLAND

Transcription

1 CITY OF TREASURE ISLAND CITY COMMISSION 120-8th Avenue, Treasure Island, Florida Telephone (727) ; Fax (727) CASE NUMBERS: CC V, CC V, CC V, CC V STAFF REPORT OCTOBER 21, 2014; 6:00 P.M. CITY COMMISSION PROPERTY Treas Island, LLC OWNER: 01 E Atlantic Ave., Suite 202 Delray Beach, FL AGENT: Kenneth M. Kaleel, Esq. 54 NE 4 th Avenue Delray Beach, FL CASE DESCRIPTIONS: Variance CC V *A variance request to increase the maximum building height from 60 feet to 80 feet and 5 living levels to 7 living levels. Variance CC V A variance request to increase the height of the improvements located above the roof parapet from 7 feet to 15 feet, to erect an architectural feature to screen the mechanical equipment. The roof parapet is a short wall bordering the roof extending 3 feet in height. Variance CC V A variance request to decrease the distance from the swimming pool wall to the west waterfront property line from feet to 5 feet. Variance CC V A variance request to decrease the west waterfront building setback from 5 feet to zero feet. *Note: Building height is measured from base flood elevation plus 2 feet of freeboard. GENERAL INFORMATION: Location: Land Use: 800 Gulf Boulevard Resort Facilities High Zoning: RFH - 1

2 Adjacent Property (Use): North: West: South: East: Treasure Shores Condominium 100 Gulf Boulevard 148 feet in height 14 living levels above parking Gulf of Mexico Thunderbird Beach Resort 41 units (formerly known as the Best Western Sea Castle) On this site is Feola s Italian Ristorante This building previously was addressed 7 Gulf Blvd. and Thunderbird Beach Resort 64 units 700 Gulf Boulevard Gulf Boulevard Retail & Personal Service Uses 8 Gulf Boulevard Retail storefront 801 Gulf Boulevard Convenience Store with gas pumps 771 Gulf Boulevard McDonald s Site Area: Flood Zone: 1.56 acres VE 13 and AE 12, Flood Insurance Rate Map Community Panel No. 123C0194G, September 3, Site Legal: Lots 6,7,8,9, and, Block J, City of Treasure Island Blocks J and K, according to the map or plat thereof as recorded in Plat Book 27, Pages 16 and 17, Public Records of Pinellas County, FL. Parcel #s: BACKGROUND: Previously on the site was the Buccaneer Resort. It was demolished in The property remains vacant. The applicant purchased this property in OVERVIEW: The applicant proposes to build a boutique hotel with 77 transient lodging units. The project plans provide for 148 parking spaces, exceeding the minimum of 78 parking spaces required by the Land Development Regulations. The applicant s goal is have sufficient parking for all guests, hotel staff, and maintenance services necessary to operate the hotel. STAFF ANALYSIS 1. The variance is in fact a variance as set forth within the Land Development Regulations and within the province of the board or commission based upon the opinion of the City Manager or his designee. The variance shall be reviewed by the City Commission based on Section Procedure which states: 2

3 The power and authority to grant variances to parking requirements, building height, and waterfront yards abutting the Gulf of Mexico or public beach will be solely within the jurisdiction of the city commission. 2. Special conditions or circumstances exist which are peculiar to the building, structure, or land for which the variance is sought and do not apply generally to buildings, structures, or lands in the same district. Section , Schedule of lot and bulk regulations describes the dimensional requirements of the RFH -, Residential Medium District. District/Use Minimum Lot Width (Feet) Minimum Lot Depth (Feet) Minimum Lot Area (Square Feet) Maximum Density Dwelling Units (Per Acre) Maximum Building Height (Above BFE +2 feet of freeboard) Floor Area Ratio (%) RFH- Resort Facilities High Dwelling, Residential and Dwelling, Tourist Single-family , Two-family 90 6, Multiple-family , (5 living levels max.) Hotel/Motel ,000 (5 living levels max.) Public Administration Facilities , Commercial Use , Maximum lot coverage in all districts: % Impervious surface ratio RFH-: Multifamily residential: 70% Nonresidential uses: 95% The subject site meets the dimensional lot requirements for the development of a hotel / motel. The subject site is an irregular shape because it follows the contour of the Gulf Blvd. roadway. (See Plat) 3

4 North Subdivision Plat (S) (S) (S) GULF GULF GULF GULF GULF BLVD BLVD BLVD BLVD BLVD (S) GULF GULF GULF GULF GULF BLVD BLVD BLVD BLVD BLVD TR 7 LOT (S) (S) (S) 60 53(S) (S) 53(S) 0 0(S) (S) GULF GULF GULF GULF GULF BLVD BLVD BLVD BLVD BLVD 7 11A TH AVE TH AVE A T Subject Site - Outlined in Red Directly north of the subject property is a 14-story condominium building, Treasure Sands. This is the tallest building in the City. The original construction plans show the roof of the building at 148 feet above grade. There is mechanical equipment and antennas attached above this roofline. These improvements above the roofline of Treasure Sands are not screened from view. The applicant is requesting a variance to build 20 feet greater than the maximum building height of 60 feet and two living levels more than the 5 living levels presently allowed in the RFH- District with architecturally screening of the rooftop improvements. The proposed roof will be at 84 feet 8 inches above the ground, the parapet will be a 87 feet 8 inches and the top of the architectural screening is designed to reach a maximum height of 2 feet 8 inches. The additional height proposed by the applicant provides a step down in height from the Treasure Sands Condominium. At this time, the Treasure Sands Condominium s extreme building height sets it apart from all of the other structures along the beach. It should be noted that under Section Regulation of the City s Land Development Regulations any future reconstruction of the Treasure Sands Condominium will maintain its 4

5 current building height. It is unclear if reconstruction of that condominium in the future might result in an increase in height due to flood regulations. (6) Repair and reconstruction of existing commercial, residential, and hotel/motel structures and uses. a. Residential structures/uses and their permitted accessory uses are grandfathered in the RU-75, RM-15, RFM-30, RFH-, and CG districts. b. Hotel/motel structures/uses and their permitted accessory uses are grandfathered in the RFM-30, RFH-, and CG districts. 1. c. In the event that any residential or hotel/motel structure is damaged or destroyed by a hurricane, tornado, fire, flood, wind, storm or other natural disaster, it can be repaired or reconstructed in a manner which guarantees that each unit and all permitted accessory uses can be restored to the same square footage which existed as of September 19, Repairs and reconstruction shall adhere to all flood management regulations in effect. In the event that such flood regulations require the elevation of a structure, the city shall permit the height of the structure to be increased the minimum necessary to accommodate the required flood elevation. If the repairs or reconstruction cannot be made in accordance with these city Code provisions, the city shall grant the owners relief from such Code provisions to permit the grandfathered units and all existing legally permitted accessory uses to be restored without creating a greater nonconformity than existed prior to the disaster. 154 feet above ground level 148 feet above ground level 96 feet above ground level 5 Treasure Sands Condominium 100 Gulf Blvd.

6 Most residential and hotels developments in the City build the swimming pool at-grade level. The -foot setback from the waterside edge of the swimming pool to the property line establishes a distance for safety and an opportunity to place a safety barrier or fence around the pool. The proposed swimming pool has been designed to be 11 foot 8 inches above grade. While that is an architectural choice; the elevated swimming pool presents a better measure of safety for the general public along the beachfront and creates less opportunity for trespassing. Section , Setback classifications does not list a setback for the rear or waterside of this property. Section Alternate setback system procedures (b) Vertical setback ratio states Notwithstanding this provision, the minimum setback from the waterfront property line on properties bordering the Gulf of Mexico or the public beach shall be five feet. The applicant is not proposing to build a rectangular hotel building. The irregular shape of the property created the need for a unique building design for the hotel. The design provides for only the elevated pool deck to be at a zero setback rather than the 5-foot required rear yard setback. The proposed 5-foot encroachment is not anticipated to interfere or be injurious to any uses west of the waterfront property line because it is cantilevered. It should be further noted that staff requested the applicant to develop a plan to improve the public lands located between the west property line of the site and the Central Beach Trail. While a license agreement is a separate decision and action of the City Commission, the decreased setback will likely provide for a more unified plan for the site in conjunction with the proposed improvements in the no man s land. 3. Strict application of the provisions of the land development regulations would not permit the applicant reasonable use of the building; structure, or land. The Land Development Regulations establishes the following requirements for the development of this site: Section Setback classifications The building setbacks for Gulf Boulevard from section line between 3rd and 4th Avenues to south line St. Petersburg's Public Beach: West side: Street: 20 feet Side: 7½ feet Section Alternate setback system procedures (a) Application and exceptions. This article shall be the alternative methods of determining all building setback requirements. The section or subsection which results in the greatest amount of setback shall apply for any given property. (b) Vertical setback ratio. All buildings, not otherwise excepted from this article, shall be set back from all property lines 30 percent of the height of building above existing grade. Notwithstanding this provision, the minimum setback from the waterfront property line on properties bordering the Gulf of Mexico or the public beach shall be five feet. (c) Properties bordering on the Gulf of Mexico or public beach. For properties bordering on the Gulf of Mexico or public beach, the following additional building setback and open space requirements shall be applicable: 6

7 Section Swimming pools. (1) The minimum required setback shall be five feet from the waterfront property line. No construction shall be permitted seaward of the coastal construction control line except by permit from the state department of environmental protection and the city. (2) Total open space between side lot lines shall be not less than 30 percent of the width of the lot but no less than the minimum designated in the setback chart, article VIII of this chapter. Swimming pools may be constructed within yard areas except the front yard, provided however, that no part of the pool structure may protrude more than 12 inches above finished grade level and that the pool walls shall be at least ten feet from all lot lines except where a greater setback is required under the building code as set out in Chapter 64. In determining the percentage of coverage of a lot by buildings, swimming pools which are not enclosed shall not be counted in such computation. In calculating required pervious space swimming pools shall be considered impervious. Section Height regulations. (b) Permitted exceptions. No exceptions to height regulations shall be permitted except enclosed stairways and elevator machinery or shafts not including an elevator exit which shall not exceed a height of seven feet above the roof of the structure and one community television antenna per principal structure shall be allowed but in no instance shall such antenna extend more than 13 feet above the roof of the structure. 4. The peculiar conditions and circumstances existing are not the result of the actions of the applicant, the applicant s agents, or the applicant s predecessors in title. All of the lots of the subject site are platted lots of record. The unusual shape of the property is a result of the contour of the Gulf Blvd. roadway. City staff requested an ingress-egress on the northern portion of line of the property to provide vehicular access to the beach for public safety and maintenance by public works. City staff requested the property owner to enhance the area between the west property line and the Central Beach Trail. The design will be presented in a license agreement and require approval of the City Commission and a permit from the Florida Department of Environmental Protection. 5. The variance proposed to be granted is the minimum variance that will make possible the reasonable use of the building, structure, or land. The hotel is seeking two additional living floors and 20 feet of additional height. The property is constrained by its irregular shape along Gulf Blvd. and the request by the City staff to provide vehicular access from Gulf Blvd to the beach for public safety and maintenance of the beach. The applicant is not seeking any additional density for the hotel. The amenities in the hotel are for the hotel guests. No public use areas (restaurants, spa, or conference / meeting rooms) are proposed within the building. The proposed unit sizes are not in conflict with the requirements established under the Land Development Regulations. A swimming pool is a common amenity of a hotel / motel, but not a required element to enjoy use of the property. The proposed design of the swimming pool establishes an 11 foot 8 inch distance from grade. The vertical elevation of the proposed pool exceeds the horizontal setback permitted 7

8 for a swimming pool built at-grade by 1 foot 8 inches. The distance between the swimming pool wall and the west property line is not closer than the minimum building setback for properties bordering the Gulf of Mexico. The architectural screening of rooftop elements is only effective if it is built at or slightly taller than the items which it is established to block. For example the development of the Surf Beach Resort provided for architectural screening of the roof-top elements. This screening above the roofline exceeded the 7 foot maximum for a project with 30 transient lodging units. 12 foot architectural feature above the roof Surf Beach Resort Gulf Blvd. 6. Owing to special conditions, a literal enforcement would result in unnecessary hardship. Special conditions to be considered pursuant to this section of the land development regulations shall include, but not be limited to, the following circumstances: Comments: Redevelopment. If the proposed project involves the redevelopment or utilization of an existing developed or partially developed site. Substandard Lot(s). If the proposed project involves the utilization of an existing legal nonconforming lot(s). Neighborhood Character. If the proposed project promotes the established development pattern of a block face, including setbacks, building height, and other dimensional requirements. Public Facilities. If the proposed project involves the development of public parks, public facilities or public utilities. Architectural and/or engineering considerations. If the proposed project utilizes architectural and/or engineering features that would render the project more disasterresistant. Redevelopment The proposed project is located on a previously developed motel site, known as the Buccaneer Resort. Substandard Lot(s) - This is not a substandard lot size in the RFH- district. Neighborhood Character The variance request for additional height of this hotel project brings greater harmony to the hotel development along this portion of the beach. The design provides for a roof height of 84 feet 8 inches, is 63 feet 4 inches lower than the neighboring Treasure Sands Condominium. This design offers a gradual step down in height. 8

9 The variance request to have an architectural screen extend 15 feet in height above the roof parapet is consistent with the neighborhood character. The roof parapet is a short wall extending 3 feet above the roof. The proposed design shows the maximum height will reach 2 feet 8 inches. This is a decrease of 51 feet 4 inches from the 154 foot height of the unscreened improvements above grade existing on the Treasure Sands Condominium. This request offers a gradual decrease in height from the Treasure Sands Condo to the north. The proposed architectural screen reduces the visual impacts of rooftop improvements, such as antennas and mechanical equipment. The architectural screen can also reduce impacts of noise and vibration. The variance to extend the cantilevered pool deck to the west property line is in harmony with the resort development to the south of the site. This is clearly a similar block face to the existing resort structures along the beach, south of the site. The variance to allow the encroachment of the waterside edge of the pool within 5 foot of the west property line is consistent with the 5 foot building setback for properties along the Gulf of Mexico. While several variance hardships have been granted based on the pool setbacks being more stringent than the pool setback; this swimming pool design maintains the 5 foot horizontal setback and further provides for a vertical setback of 11 foot 8 inches for safety. Public Facilities The applicant will be discussing two public improvements in conjunction with the development of this site. Along the northern portion of the applicant s property will be a vehicular access for public safety and public maintenance of the beach. Between the west property line of the site and the Central Beach Trail, the applicant proposes public improvements in the area known as the no man s land. The two improvements will require approval of a license agreement with the City Commission. Architectural and/or engineering considerations The proposed 77-unit hotel will be built in accordance with current Floodplain Management regulations as well as 20 Florida Building Code. Compliance with these regulations provides for a more sustainable, disaster-resistant structure. The proposed project provides for architectural screening of the rooftop equipment. This screening minimizes the visual impacts of mechanical equipment for both the neighboring properties and the public s view from the beach and the street. It is important for architectural treatments, such as screening to be integrated into the design and form of the structure. Below are two examples of unscreened rooftops in the vicinity of the proposed project. 9

10 Unscreened Antenna Attachments Above the Roofline of the Treasure Sands Condominium 100 Gulf Blvd. Unscreened Antenna Attachments Above the Roofline of the Bilmar Beach Resort 6 Gulf Blvd. 7. The granting of the variance will be in harmony with the general purpose and intent of this chapter. The proposed swimming pool on the site will enhance the property. The proposed swimming pool design provides for greater separation than established in the Land Development Regulations. The proposed swimming pool will be elevated 11 foot 8 inches above grade for safety. The code only requires foot setback horizontally from property lines. The requested 5-foot setback from the swimming pool wall to the property line is the same as the 5-foot minimum setback for buildings along the Gulf of Mexico.

11 The architectural screening of mechanical equipment, elevator and stairwells above the roofline of the hotel is proposed to enhance the appearance of the rooftop improvements from Gulf Blvd., the beach and the adjacent properties. Below are two large mechanical units at the Thunderbird Beach Resort. The photograph illustrates the height of two existing mechanical units that serve multiple lodging units and/or common areas of the resort. Beneath each unit is a stand approximately 2 feet in height, as required by Florida Building Code for mechanical equipment on the roof of a structure. The photograph below offers a perspective to the size of mechanical units necessary to serve multiple motel rooms and suites and/or common areas. This photo also helps to understand how an architectural feature may screen the appearance of rooftop improvements from Gulf Blvd., the beach, and neighboring properties. Thunderbird Beach Resort Gulf Blvd. Unscreened Mechanical Equipment on the Roof 8. The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The granting of the Gulf of Mexico variance is not anticipated to be injurious to the neighboring properties to the north, south or east. As described in #2 of this report, the Treasure Sands condominium building on the north side of this site is considerably taller than the proposed project. Specifically, the Treasure Sands Condominium is 148 feet tall with unscreened improvements above the roof. The improvements 11

12 attached to the roof of the Treasure Sands Condominium building reach a height of 154 feet above the ground. To the east of the site is single-story commercial development (2 photographs below). No views will be blocked by the proposed height of the hotel or the improvements proposed to be screened above the parapet wall. Through redevelopment; these commercial properties may be rebuilt in the future however, flood-proofing construction methods will permit these non-residential uses to maintain their ground level activity and operation. One Story Commercial / Retail / Personal Service Development Gulf Blvd. Convenience Store with Gas Pumps 801 Gulf Blvd. It should further be noted that there are no residential structures directly east of these commercial establishments. These commercial properties along the east side of Gulf Blvd. abut the public facilities of the City Hall complex. To the south of the site is the Thunderbird Beach Resort. It is a tourist lodging facility with a restaurant open to the public and the Sunset Meeting Room which is available for social 12

13 GULF GULF GULF GULF BLVD BLVD BLVD BLVD GULF GULF GULF GULF GULF BLVD BLVD BLVD BLVD BLVD PARK PARK PL PL PARK PARK PARK PL PL PL gatherings. The Pinellas County Property Appraiser s database describes the resort as two buildings, 2 and 4 stories in height. The 2009 aerial photo below shows the position of the buildings located on the west side of Gulf Blvd., The black line delineates the property line of each parcel. It does not appear that these buildings have maintained a 5 foot setback from the west property line. In most cases these buildings are built on, over or less than one foot from the west line of the property at ground level. GULF GULF GULF GULF GULF BLVD BLVD BLVD BLVD BLVD 7TH AVE 6TH AVE GULF BLVD 6TH AVE 6TH AVE 2009 Aerial Photograph from Pinellas County GIS System Photograph of the area south of the subject parcel in the vicinity of 7 th Avenue and Gulf Blvd. Black line is the property line 13

14 STAFF RECOMMENDATIONS: Staff recommends APPROVAL of Variance CC V A variance request to increase the maximum building height from 60 feet to 80 feet and 5 living levels to 7 living levels. The subject property is an unusual shape due to the contour of Gulf Blvd. This is not a rectangular site and as such a more creative layout of the development project is required. City staff requested an ingress-egress easement along the north line of the property to provide vehicular access from Gulf Blvd. to the beach for public safety and public works. This request for vehicular access narrowed the usable width of the site for development. The subject site is situated in a unique location. It is next to the tallest building in the City. The 148 foot condominium building along the north line of the site towers over other structures along the beachfront. The proposed variance request to increase the height of the new hotel 20 feet and provide for an increase of two additional living levels offers a step-down in height from the Treasure Sands and greater harmony to this portion of the beach. Staff recommends APPROVAL of Variance CC V A variance request to increase the height of the improvements located above the roof parapet from 7 feet to 15 feet in order to erect an architectural feature to screen the rooftop mechanical equipment. The roof parapet is a short wall that borders the roof and is 3 feet in height. The screening enhances the building s appearance by minimizing the visual impact of the rooftop mechanical equipment necessary to serve a 77-unit hotel and its common areas. The proposed screening blocks the appearance of the improvements above the roof from neighboring properties, the beach and the street. Architectural screening is also effective in reducing noise and vibration which can be bothersome to neighboring properties. Staff recommends APPROVAL of Variance CC V A variance request to decrease the distance from the swimming pool wall to the west waterfront property line from feet to 5 feet The purpose of the -foot pool setback to the property lines is for safety, location to establish a safety barrier and be less of a disturbance to a neighboring property. The Land Development Regulations establishes a pool setback with only a horizontal measurement. The setback is feet. The proposed swimming pool has been designed to be on Level 2. The elevated swimming pool presents a greater measure of safety for the general public along the beachfront by providing a vertical distance of 11 feet 8 inches, which is greater than the minimum foot horizontal distance required for the development of an at-grade swimming pool. The pool is designed to be located toward the middle of the site to maintain sufficient distance from each neighboring property. The elevated pool design permits the installation of a safety barrier and creates less opportunity for trespassing by those who are not patrons of the hotel. The 5-foot horizontal distance from the water side edge of the pool to the property line is no closer than several at-grade swimming pools that have been granted variances along the beachfront. The variances were granted based on the foot swimming pool setback being more stringent than the 5-foot building setback for structure bordering the Gulf of Mexico. Staff recommends CONDITIONAL APPROVAL of Variance CC V A variance request to decrease the west waterfront building setback from 5 feet to zero feet. 14

15 The subject property is an irregular shape due to the contour of the Gulf Blvd. roadway. The property is not a rectangular in shape. Due to the odd-shape of the site, a more creative layout of the development project is required. City staff requested the property owner to design and enhance the area between the west property line and the Central Beach Trail. The design will be presented in a license agreement and requires approval of the City Commission and a permit from the Florida Department of Environmental Protection. To establish continuity between the development site and the proposed improvements to the no man s land the proposed zero setback will functionally unify the site. The subject site is situated in a unique location. The developed parcels south of the property do not maintain the 5-foot rear setback. Positioning the proposed hotel closer to the west property line is more in harmony with the existing hotel / motel development south of the property. Condition of Approval: Any activity or encroachment west of the Pinellas County Coastal Construction Control Line during construction shall require approval of the Florida Department of Environmental Protection. CC V: A variance request to increase the maximum building height from 60 feet to 80 feet and 5 living levels to 7 living levels. City Commission Action: [ ] Approved [ ] Denied [ ] Deferred [ ] Approved with Conditions CC V: A variance request to increase the height of improvements above the parapet from 7 feet to 15 feet to erect an architectural feature to screen the mechanical equipment. The roof parapet is the short wall 3 feet in height bordering the roof of the building. City Commission Action: [ ] Approved [ ] Denied [ ] Deferred [ ] Approved with Conditions CC V: A variance request to decrease the distance from the swimming pool wall to the west waterfront property line from feet to 5 feet. City Commission Action: [ ] Approved [ ] Denied [ ] Deferred [ ] Approved with Conditions CC V: A variance request to decrease the west waterfront building setback from 5 feet to zero feet. City Commission Action: [ ] Approved [ ] Denied [ ] Deferred [ ] Approved with Conditions 15

16 As described in Section , subsection (g) The granted variance shall be valid for one year. To remain in effect after one year, one of the following must have occurred: (1) An extension of time has been approved by the approving body; (2) Building permits relating to the requested variance have either been applied for or granted; or (3) A site plan review relating to the requested variance has been applied for or approved by the planning and zoning board. Any requests for an extension of time relating to a variance(s) must be in writing and received by the city manager or specified designee at least three weeks prior to its expiration date in order for the request to be placed on the approving body's agenda. Motion, Variance Requests Treas Island, LLC 800 Gulf Boulevard Staff Report