CITY OF NAPLES STAFF REPORT

Transcription

1 Meeting of 11/12/15 Agenda Item 15-SPD6 CITY OF NAPLES STAFF REPORT To: Planning Advisory Board From: Planning Department Subject: Site Plan with Deviations Petition 15-SPD6 Petitioner: The Bay Club of Naples, LLC, a Florida limited liability company Agent: Burt L. Saunders, Gray Robinson Date: November 4, 2015 REQUEST: Consider a request for approval of a Site Plan with Deviations for the construction of two new buildings containing transient lodging and residential units with deviations from Section , Maximum Height, to allow for rooftop amenities exceeding the allowable maximum height and for conditional use approval of an amendment to an existing parking nonconformity to increase the amount of net parking spaces available for use on the property and to allow for transient lodging, within the C2-A, Waterfront Commercial District, for property located at th Avenue South and th Street South. RECOMMENDATION: Staff recommends approval of Site Plan with Deviations Petition 15-SPD6, subject to the following conditions: 1. The petitioner will obtain a Right-of-Way permit from the Streets and Stormwater Department for all improvements in the right-of-way, including, but not limited to parking spaces, landscaping, sidewalks, etc. 2. Should the existing Royal Palms within the right-of-way be removed to accommodate the proposed on-street parking spaces, they will be relocated or replaced by the petitioner with trees of matching type and size. Should the on-street parking spaces be denied, the Royal palms shall not be removed. LOCATION: th Avenue South and th Street South SIZE OF PARCEL: Approximately 0.58 acres/25,264.8 square feet EXISTING LAND USE: Commercial space, office space and residential units CURRENT ZONING: C2-A, Waterfront Commercial BACKGROUND: This parcel is within the C2-A Waterfront Commercial district and currently contains 5 separate buildings, each containing a distinct and independent business within a condominium. This petition concerns the two buildings on the west boundary of the parcel, facing 8 th Street South. The building located at th Avenue South currently contains a mix of office space and residential units and is nonconforming to the current height limitation of 42 feet. The existing building exceeds the 42 foot maximum building height provided in the Code of Ordinances and the City Charter. The building located at th Street South currently contains multiple commercial units and is in compliance with the zoning regulations of the C2-A Waterfront Commercial district. The petitioner is proposing to demolish the existing buildings and construct two new buildings, each containing three stories over parking and a total of 16 units. The project received preliminary Design Review Board approval on June 24, 2015, subject to the petitioner

2 Page 2 adding markings on the street and on the entrance pergola for pedestrian entrances to the structure, addressing the façade on 12 th Avenue South to be more pedestrian friendly, playing down or relocating the entry to the garage, and evaluating the pedestrian movement on the entire site. The DRB stated for the record that, although preliminary design approval is granted, the Board believes the structures, although attractive, are inappropriate in scale, size, and context for the surrounding neighborhood. Subsequent to the DRB hearing, the petitioner has revised the design and lowered the southern building. All buildings in the condominium, including the two described structures, the Cove Inn and The Dock restaurant, are subject to a parking agreement defined by a parking needs analysis. City Council granted approval of the parking needs analysis for the entire parcel in 1992 by adoption of Resolution # A revised parking needs analysis was approved in on December 4, 2002 under Resolution # Section , Maximum Height, of the Code of Ordinances provides that in the C2-A district, the maximum height shall be limited to 3 stories and 42 feet, measured from the 1st-floor FEMA elevation to the peak of the roof or the highest point of any appurtenance attached to the roof. The petitioner has requested approval of a deviation from this section to allow for rooftop amenities, including stair and elevator towers and landscape planters exceeding the allowable maximum height of 42 feet by up to 7 feet. Section 56-39, Height requirements, exceptions thereto, of the Code of Ordinances provides that chimneys, elevator shafts or overruns, stair tower roofs, rooftop heating, ventilating and air conditioning equipment, ornamental screening for such equipment, energy producing devices such as solar panels and wind turbines and architectural embellishments may extend 7 feet above the peak of the building roof; however, in no case shall the maximum commercial building height limit of 42 feet as measured from the required 1st floor elevation be exceeded to accommodate such structure or equipment. Flat roof areas that are at or above the maximum allowable height or enclosed by a railing, parapet, architectural embellishment or ornamental screening that extends above the maximum allowable height may not be made accessible by means of a fixed ladder, stairway or elevator; however, hatches may be provided for maintenance purposes. Section 44-8 of the Code defines architectural embellishments as design elements surmounting a building's roof, including but not limited to minor cupolas, towers, and monitors, accessible only for maintenance purposes, intended as a decorative, nonfunctional feature. The Code specifies that elements that function as part of a roof over habitable space, such as a rotunda, are not considered architectural embellishments. Through approval of previous deviation requests, City Council has allowed for architectural embellishments and elevator/stair towers to extend above the 42 foot maximum commercial height limitation. However, these approvals were limited to 7 feet of additional height and were strictly for the elements described in Section The City s Charter limit of 42 feet applies to the top of the roof and does not address these amenities. Section , Conditional Uses, of the Code of Ordinances provides for transient lodging in the C2-A, Waterfront Commercial district through conditional use approval. The petitioner has requested conditional use approval to allow for 8 of the proposed 16 dwelling units to be transient lodging units. Section 44-8 of the Code of Ordinances provides that transient lodging facility as a hotel, motel, motor lodge, tourist court, or similar building or group of buildings in which sleeping accommodations and sanitary facilities are offered to the public and intended for rental to transients with daily, weekly or seasonal charge. A transient lodging facility includes a unit, group of units, dwelling, building, or group of buildings, within a single complex of buildings rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, whichever is less; or which is advertised or held out to the public as a place regularly rented to guests for periods of less than 30 days or one calendar month, whichever is less. It

3 Page 3 does not include condominium common elements. A transient lodging facility is distinguished from multifamily dwellings (such as apartments) where rentals are for periods of a month or longer and occupancy is by residents rather than transients. The petitioner is proposing to construct two buildings containing 4 residential units each and 4 transient lodging units each. The transient lodging units are located on the ground floor of each building and will be rented to guests more than three times in a calendar year for periods of less than 30 days or one calendar month, or advertised/held out to the public as units that are regularly rented to guests for periods of less than 30 days or one calendar month, whichever is less. Section , Parking Needs Analysis, of the Code of Ordinances provides that a parking needs analysis addressing an increase in building size shall be reviewed through and meet the criteria of the conditional use process. The parcel on which the subject buildings are located contains 5 separate buildings, each containing a distinct and independent business within a condominium. Approval was granted by City Council for a parking needs analysis to allow for a deficit in the number of parking spaces required for the entire Old Cove Condominium on June 3 rd, 1992 through adoption of Ordinance # and on December 4, 2002 through adoption of Ordinance # , copies of which are attached. The existing site contains 244 parking spaces to support the current developments. The existing buildings to be demolished as part of this petition contain 15,300 square feet of office space, 2 residential dwelling units, and 7,500 square feet of general commercial space. Pursuant to the parking standards in Section of the Code of Ordinances, these uses in combination require a total of 74 parking spaces. The petitioner proposes to replace the buildings with two buildings containing a total of 8 residential units and 8 transient lodging units. Section (18) requires the provision of 1.25 parking spaces for transient lodging (up to 100 units) within commercial districts, resulting in a requirement of 10 parking spaces to accommodate the proposed transient lodging units. Section (12) requires the provision of 2 parking spaces per unit, plus visitor parking calculated at one space per 10 units for multifamily dwelling units, resulting in the required provision of 18 parking spaces. The proposed development will create a net decrease in the number of required parking spaces on the site. The petitioner has requested conditional use approval of an amendment to the existing parking nonconformity to increase the amount of net parking spaces available for use on the property. PENDING AND/OR SUBSEQUENT ACTION: The Planning Advisory Board (PAB) will hold a public hearing to discuss the Site Plan petitions at its meeting on Thursday, November 12, It is anticipated that this item will be discussed by the City Council for final determination at its meeting which will begin at 8:30 a.m. on Wednesday, December 16, 2015 in the Council Chambers, City Hall located at th Street South. COMPREHENSIVE PLAN: This property is designated as Waterfront Mixed Use on the Future Land Use Map. Areas designated as Waterfront Mixed Use are provided for flexibility in allowing different types of land uses within close proximity to one another. The intent of this district is to guide the redevelopment of bayfront property to allow for water-related and dependent uses as well as innovative waterfront development which provides public benefits in the redevelopment of this area. This area circles the north bay area from the Thirteenth Avenue South bayfront to U.S. 41 and east to the City limits. Development and redevelopment in these areas should be reviewed through the Site Plan Review process. The primary factors for approval of waterfront areas should consider the degree of water dependent or related use, public waterfront access, and adequate parking. The ground floor of buildings in this district may only be used for commercial office or retail. All of the permitted uses within this district are allowed on the remaining stories.

4 Page 4 FUTURE LAND USE MAP The following objectives and policies found in the City s Comprehensive Plan are applicable to the proposed development: Vision Work Plan Objective 4: Maintain the high aesthetic standards of the community. The Site and Architectural plans submitted reflect a collaboration of local professional architects, engineers and landscape architects, and the creation of a modern transitional tropical design. The proposed design is of high quality and detail. Vision Work Plan Policy 4-6: Incentivize property improvements on commercial properties. The petitioner is proposing to demolish two existing buildings, one containing commercial space and one containing offices and two residential units. The mixed use Bay View building currently stands 63 feet tall, which is nonconforming as to the height limitations under the district regulations and the City Charter, greatly exceeding the 42 foot height limitation. The petitioner is proposing to construct a high end development containing transient lodging and residential dwelling units, increasing the value and aesthetic of a parcel currently containing two older commercial buildings in Crayton Cove. Vision Work Plan Objective 14: Maintain the viability of commercial areas of the City that provide services of value to residents. The proposed transient lodging element of the development will serve to enhance the commercial viability of the Crayton Cove area.

5 Page 5 FLUE Objective 1: Manage new development, redevelopment and reuse to ensure that it is orderly, balanced, and compatible with the City's desire to maintain and protect its existing residential character, to maintain the viability of its commercial areas, provide open/green space, encourage pedestrian/bicycle linkages, and protect environmentally sensitive lands. The proposed Site and Architectural plans depict a design for redevelopment of two existing buildings that is orderly and of high aesthetic quality. The proposed development will enhance the viability of the Crayton Cove commercial area and encourages pedestrian and bicycle linkages through sidewalk connections on both frontages. FLUE Objective 1, Policy 1-1: The permitted intensity/density in each land use designation is as follows: Waterfront Mixed Use Marinas or marine research, development and testing 50%; other 40% building coverage The petitioner is proposing to construct two buildings containing 8 transient lodging units and 8 residential units. There is no density limitation in either the Waterfront Mixed Use land use designation or the C2-A, Waterfront Commercial zoning district for transient lodging units. However, Section (13) provides for residential uses which are part of a mixed-use development and are not located on the ground floor, limited to 8 units per net acre. The upland area of the parcel is approximately acres and contains two restaurants and the Cove Inn, which is a transient lodging facility. Section (4) of the Code specifies that there is no density limitation for transient lodging facilities in the C2-A, Waterfront Commercial zoning district. Therefore, the existing acre site can accommodate 36 residential units, none of which have been allocated to the existing development. The existing site is compliant with the 40% lot coverage requirement, with the existing buildings occupying well under the 40% allowance. The footprint size of the proposed buildings will match that of the existing buildings to be demolished, resulting in no additional lot coverage on the site. The proposed construction of 8 transient lodging and 8 residential units on this site is consistent with the provisions in both the Waterfront Mixed Use land use designation and the C2-A, Waterfront Commercial zoning district. FLUE Objective 1, Policy 1-2: Unless otherwise permitted in the Comprehensive Plan, new development, redevelopment and reuse shall be consistent with the permitted use and density/intensity of each designation. The proposed residential use is permitted and the transient lodging use is provided as a conditional use within the C2-A, Waterfront Commercial zoning district and is consistent with the building coverage limitation in the Waterfront Mixed Use land use designation. FLUE Objective 1, Policy 1-2.1: Encourage professional standards of architectural and urban design, site planning, and landscaping for all new projects. The Site and Architectural plans submitted reflect a collaboration of local professional architects, engineers, and landscape architects. The proposed design is of high quality and detail.

6 Page 6 FLUE Policy 1-9: Commercial properties shall be properly screened, provide adequate parking, include orderly traffic circulation patterns, and integrate appropriate design features to enhance safety, efficiency, and site appearance. The proposed development provides enhanced streetscape design, appropriate landscaping, and appropriate design features to enhance safety and efficiency. The parking for all 5 buildings within this site is shared throughout the property and through the approval of a parking needs analysis, City Council confirmed the provision of 244 total parking spaces on the site to support the existing development. The petitioner has demonstrated how, through the change in use within the two buildings from commercial, office and residential to residential and transient lodging, the proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property. The plans submitted depict a Site design that provides orderly traffic circulation within the development and does not alter the traffic circulation routes on 8 th Street South or 12 th Avenue South. The plans submitted depict the addition of rooftop elements such as stairs and elevator towers and landscape planters extending up to 7 feet above the allowable maximum height of 42 feet. While the Code provides for an extension of 7 feet above the maximum height for chimneys, elevator shafts or overruns, stair tower roofs, rooftop heating, ventilating and air conditioning equipment, ornamental screening for such equipment, energy producing devices such as solar panels and wind turbines and architectural embellishments, the City s Charter limits the maximum height for commercial buildings to 42 feet. The City s Charter limit of 42 feet applies to the top of the roof and does not address these amenities. Through approval of previous deviation requests, City Council has allowed for architectural embellishments and elevator/stair towers to extend above the 42 foot maximum commercial height limitation. However, these approvals were limited to 7 feet of additional height and were strictly for the elements described in Section Policy : Support walkable community initiatives by insuring that on-site and off-site pedestrian connections are addressed in the development review process. The plans submitted depict the inclusion of sidewalk connections along both 12 th Avenue South and 8 th Street South to promote pedestrian activity and travel between the proposed development and the neighboring restaurants, retail shops and the City Dock. FLUE Objective 5: Future development will be directed as designated on the Future Land Use Map. Designations are established to protect residential neighborhoods, balance inconsistent land uses, provide opportunities for redevelopment and renewal of blighted areas, and encourage mixed use development. The redevelopment of commercial and residential buildings to high end residential and transient lodging units and the pedestrian connections to the sidewalks along the adjacent Avenues and Streets is consistent with the City s walkable community initiative and the permitted activities within the Waterfront Mixed Use district. FLUE Policy 5-1: Land uses shall be consistent with permitted activities as detailed in Objective 1 and the designation description section of this element. Residential units that are part of a mixed-use development and are not located on the ground floor are permitted uses in the C2-A, Waterfront Commercial district. Transient lodging is provided as a conditional use in the C2-A, Waterfront Commercial district and is consistent with the permitted activities detailed in the Waterfront Mixed Use land use designation, which encourages innovative waterfront development that provides public benefits in the redevelopment of this area. The proposed development is

7 Page 7 innovative in its design and will provide a unique option for high end rental units in the Crayton Cove area. The Waterfront Mixed Use designation requires that the ground floor of buildings in this district may only be used for commercial office or retail. The petitioner has demonstrated that the 4 ground floor units in each building will be transient lodging units, which is a commercial use, satisfying this requirement. SURROUNDING PROPERTIES: Zoning Existing Use of Land North South East West C2-A, Waterfront Naples Bay C1, Retail Commercial; PD, Shopping Planned Development C2-A, Waterfront Commercial Parking Lot; Coast Guard Auxiliary Commercial; Naples City Dock N/A Commercial ZONING MAP

8 Page 8 AERIAL th Street South th Avenue South DEPARTMENTAL REVIEW: Natural Resources: No comments. Utilities: 1. Water and sewer are available for the subject project. a. Potable water service is currently stubbed to the South Building off of a 2 service line on 12 th Ave S. Existing and proposed meter size will need to be identified with Utility Plan review. b. Potable water service is currently stubbed to the North Building off of a 3 service line that ties into the 6 water main on 8 th St S. Existing and proposed meter size will need to be identified with the Utility Plan review. c. The closest fire hydrant to the project is located on the northwest corner of 8 th St S and 12 th Ave S. d. Sanitary sewer is currently stubbed to the South Building off of a lateral that flows to the 8 sewer main on 12 th Ave S. Sanitary sewer is currently stubbed to the North Building off of a lateral that flows to the 12 sewer main on 8 th St S. The engineer must provide projected sanitary sewer flows for the new buildings for the City to determine if the existing downstream pump station has sufficient capacity as part of the Utility Plan review. 2. Utilities recommends an informal pre-application meeting prior to Utility Plan submittal. Contact Allyson Holland to set up meeting (amholland@naplesgov.com or )

9 Page 9 3. Only one dumpster is shown on the site plan. Is this dumpster intended for both buildings? The existing buildings each currently have their own dumpster. 4. Utilities has no concerns with the proposed Site Plan with Deviations as submitted, the comments above are general observations only. Below is an aerial showing the utilities provided to this site. Parks & Parkways Department: The landscaping plan is proposing the removal of two Royal palms on 8 th St. S. and the inclusion of roadside parking. Assuming that this roadside parking is approved and the Royal palms are being removed, they will either need to be relocated or replaced elsewhere with matching size. If the roadside parking is not approved then the Royal palm removal is denied. Streets & Stormwater Department: Traffic & Transportation Comments: 1. Please provide a site plan that provides dimensions for critical features to demonstrate adequate circulation throughout the site, parking space dimensions, landscaped islands, access driveway widths, etc. AutoTurn software may be used for this analysis. 2. The landscaping plan and plant selection within landscaped islands appears to potentially affect line of sight for parked vehicles and circulating vehicles. Please replace large plantings with low lying vegetation to preserve line of sight and safety.

10 Page The site plan shows 7 parking spaces within the right-of-way. There is insufficient space to create these parking spaces without narrowing the existing sidewalk and travel lanes. Please remove parking spaces from the right-of-way. 4. If damaged during construction, replacement of the sidewalk is expected to be at the same dimensions as is today. 5. Please describe how the site plan addresses parking for visitors and tenants. 6. Proper access for mail delivery is required. 7. Construction activity adjacent to and within public rights of way have been documented to adversely impact the condition of roads, sidewalks, swales, improved alleyways, and other public infrastructure, thereby generating serious concern among public users and neighbors. Construction activities associated with the proposed development, such as underground utility service installation, freight movement and staging may damage and degrade the existing condition of public infrastructure. In order to maintain public infrastructure condition and level of service, and in accordance with the City s ROW Standards Handbook (Ordinance ) Section 16, the Streets & Stormwater Department may require restoration or adequate repair of public infrastructure abutting the subject property prior to issuing a Certificate of Occupancy. Stormwater Comments: 1. Please provide signed and sealed drawings for the stormwater management plans. Submittal of electronically signed documents is acceptable. 2. Sheet 1 of 4, Paving, Grading & Drainage Plan shows a drainage system under the south building but not under the north building. Please explain the difference. Also, the grading plan does not show a consistent permiteter minimum grade. The site appears to short circuit in the southwest corner. 3. Please provide specific connection details for the stormwater discharge. 4. Please include the recreational areas on the roof in the water quality volume calculations. Recreational areas on rooftops cannot be excluded from the water quality volume calculations. Please revise. 5. Please include the calculations for stormwater attenuation in accordance with Section 58 of the Naples Code of Ordinances. 6. Please indicate the authority responsible for maintaining the stormwater management system. If the property owner s association, please provide language to be contained in the association documents that will demonstrate ownership and maintenance. 7. As with similar developments, the subject property shall be required to apply for the City s 30% Stormwater Utility Fee Credit and maintain credit status in accordance with Section of the Naples Code of Ordinances. 8. Please show a cross section of the driveway where it meets the alleyway. Please calculate the slope of the driveway from the alleyway to the garage entrance.

11 Page 11 ANALYSIS: The applicant has applied for approval of a Site Plan with Deviations petition. Section 46-33(g)(2) of the Land Development Code provides the standards for approval of a site plan with deviations. The applicant s response to each of the criteria is provided within the applicant s petition. (a) Land uses and densities within the development shall be consistent with the permitted and conditional uses in the zoning district. Conditional uses approved as part of this plan approval shall comply with the standards for approval in section The land uses and densities proposed are permitted in the zoning district. The petitioner is requesting conditional use approval to allow for transient lodging within the C2-A, Waterfront Commercial district, as provided in Section of the Code of Ordinances. The proposed residential and transient lodging development is consistent with the standards for approval in Section of the Code of Ordinances. Section (13) of the Code of Ordinances provides a density limitation of 8 units per net acre for residential units within the C2-A District. Section (4) of the Code of Ordinances specifies that there is no maximum density for transient lodging facilities in the C2-A District. The proposed development is consistent with the density regulations. (b) The development shall comply with applicable city plans and planning policies, and shall have a beneficial effect both upon the area of the city in which it is proposed to be established and upon the city as a whole. The C2-A, Waterfront Commercial district provides for a wide range of marine-oriented uses, limited office and commercial uses and limited residential uses intended to serve the residents and visiting public and enhance economic viability of the Naples Bay waterfront area. District regulations are especially designed to promote waterdependent and water-related activities, encourage the retention and development of marine service facilities and offer incentives for the provision of public access to Naples Bay. This project is consistent with this district purpose in providing rental opportunities to visitors who wish to enjoy lodging on the waterfront. The project includes sidewalk connections to the surrounding commercial businesses and to the City Dock, encouraging public access to the Bay. The project is consistent with the comprehensive planning policies listed above. (c) The total land area within the development and the area devoted to each functional portion of the development shall be adequate to serve its intended purpose. The proposed buildings are within an approximately acre (upland area) parcel containing 5 separate buildings. The proposed redevelopment of the two buildings is consistent with the setbacks and lot coverage within the underlying zoning district, as well as the Waterfront Mixed Use land use designation. The proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property, which is consistent with the previously approved parking needs analysis for this site. The total land area of the parcel is sufficient to support the proposed development and the area devoted to each building is adequate to serve the intended purpose of residential and transient lodging units.

12 Page 12 (d) Streets, utilities, drainage facilities, recreation areas, building heights, sizes and yards, and vehicular parking and loading facilities shall be appropriate for the particular use involved. The City s staff has confirmed that the streets, utilities and drainage facilities within this area and serving this parcel are adequate for the proposed development. This site is immediately adjacent to Naples Bay and the City Dock, providing access to abundant waterfront recreational opportunities. The proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property, which is consistent with the previously approved parking needs analysis for this site. The proposed buildings are compliant with the required setbacks and lot coverage requirements of the C2-A, Waterfront Commercial district. The petitioner is requesting approval of a deviation from Section , Maximum Height, of the Code of Ordinances to allow for functional and decorative rooftop amenities, including stairs and elevator towers and landscape planters exceeding the allowable maximum height of 42 feet by up to 7. City Council has approved the application of Section 56-39, Height requirements, exceptions thereto, to commercial development elsewhere in the City, allowing chimneys, elevator shafts or overruns, stair tower roofs, rooftop heating, ventilating and air conditioning equipment, ornamental screening for such equipment, energy producing devices such as solar panels and wind turbines and architectural embellishments to extend 7 feet above the peak of the building roof. (e) Visual character and community amenities shall be equal or better in quality than that required by the development standards for the district. The proposed design is of high quality. The Design Review Board approved the project on preliminary review with some recommended changes. The design has been modified and the project will return to the DRB for final review. (f) Areas proposed for common ownership shall be subject to a reliable and continuing maintenance guarantee. The proposed buildings are intended to be a condominium development. A condominium association with perpetual existence will provide a reliable and continuing maintenance guarantee for areas proposed for common ownership. (g) Deviations shall be clearly delineated in the petition and shall be the minimum required to achieve the goals of the project and comply with these standards. The requested deviations are clearly delineated in the petition. The requests for conditional use approval to allow for transient lodging in the C2-A, Waterfront Commercial district and to amend an existing parking nonconformity to increase the amount of net parking spaces available for use on the property are the minimum required to achieve the goals of the project. Section , Conditional Uses, of the Code of Ordinances provides for transient lodging in the C2-A, Waterfront Commercial district through conditional use approval and it is consistent with the permitted activities within the Waterfront Mixed Use land use designation. The parking for all 5 buildings within this site is shared throughout the property and City Council approved a parking needs analysis to allow for a deficit in the number of parking spaces required for the entire Old Cove Condominium on June 3 rd, 1992 through adoption of Ordinance # and on December 4, 2002 through adoption of Ordinance # , copies of which are attached. The existing site contains 244 parking spaces to support the current developments. The existing buildings to be demolished currently require a total

13 Page 13 of 74 parking spaces. The petitioner proposes to replace the existing buildings with two new buildings containing a total of 8 residential units and 8 transient lodging units, which requires the provision of 28 parking spaces. The proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property. The requested deviation from Section , Maximum Height, of the Code of Ordinances to allow for functional and decorative rooftop amenities, including stairs and elevator towers and landscape planters exceeding the allowable maximum height of 42 feet by up to 7 feet is consistent with height exceptions previously approved by City Council for other developments. City Council has approved the application of Section 56-39, Height requirements, exceptions thereto, to commercial development elsewhere in the City, allowing chimneys, elevator shafts or overruns, stair tower roofs, rooftop heating, ventilating and air conditioning equipment, ornamental screening for such equipment, energy producing devices such as solar panels and wind turbines and architectural embellishments to extend 7 feet above the peak of the building roof. (h) The proposed development is consistent with the comprehensive plan. The proposed development is consistent with the general purpose of the Waterfront Mixed Use land use designation and with the specific objectives and policies of the Future Land Use Element outlined above. Conditional Use: Transient lodging is a conditional use within the C2-A, Waterfront Commercial zoning district. The petition is subject to the standards for conditional use and residential impact criteria. Section 46-34(d) of the Land Development Code provides the standards for approval of a conditional use. The standards and staff analysis are as follows: (1) Ingress and egress to the subject property and the proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic generation flow and control, and access in case of fire or catastrophe, shall be adequate and not potentially detrimental to existing or anticipated uses in the vicinity and particularly not detrimental to property immediately adjacent to the subject site. Ingress and egress to the parcel is provided off of both 12 th Avenue South and 8 th Street South. Access to the site should be adequate and will not be impacted by the proposed use. (2) Off-street parking and loading areas, where required or requested by the property owner, shall be adequate and well-designed, and relate well, in terms of proximity, access and the like, to the uses intended to be serviced, with particular attention to the items listed in subsection (d)(1) of this section and the smoke, noise, glare, dust, vibrations, fumes, pollution or odor effects related to the vehicular use area or the conditional use, and such shall not be detrimental to the adjoining properties in the general area. The existing site contains 244 parking spaces to support the current developments. The existing buildings to be demolished currently require a total of 74 parking spaces. The petitioner proposes to replace the buildings with two buildings containing a total of 8 residential and 8 transient lodging units, which requires the provision of 28 parking spaces. The proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property. The parking and loading areas are adequate to support the proposed transient lodging units and are consistent with the previously approved parking needs analysis for the site. The parking areas are well designed and relate well to the buildings and to the site as a whole and will not create a detriment or

14 Page 14 nuisance to the adjoining properties or to the other developments within the Old Cove Condominium parcel. (3) Refuse and service areas, with particular reference to the items listed in subsections (d)(1) and (2) of this section, shall be adequately screened so as not to be visible from adjacent properties or a public right-of-way and shall be located in such a way as not to be a nuisance, by virtue of smoke, noise, glare and the like, to adjacent properties. A dumpster location is proposed at the north edge of the property. The dumpster enclosure will meet the requirements of Code Section with a minimum interior dimension of 12 feet by 12 feet and the height of the enclosure shall be no less than 5 feet nor more than 6 feet. (4) Utilities, whether public or private, shall be adequate and not detrimental with reference to location, availability, adequacy and compatibility. Public facilities and utilities are available and adequate to serve the site and the proposed use, as confirmed by the City s Utilities Department. (5) Screening, buffering or separation of any nuisance or hazardous feature, with reference to type, dimensions and character, shall be fully and clearly represented on the submitted plans and shall be adequate to protect adjacent properties. No nuisance or hazardous features are expected on the property as a result of the transient lodging use. However, the landscape plan shows extensive perimeter plantings with a variety of trees, palms, and shrubs. (6) Proposed signs and exterior lighting shall be considered with reference to glare, traffic safety and compatibility and harmony with surrounding properties and shall be determined to be adequate, safe and not detrimental or a nuisance to adjacent properties. The plans submitted do not depict the addition of signage. The applicant has indicated that all future signage will be consistent with the regulations in Chapter 50 of the Code of Ordinances. The exterior lighting depicted on the plans submitted is adequate, safe and compatible with surrounding properties and will not create a nuisance or detriment to the neighborhood. (7) A determination shall be made that the proposed development will not hinder development of the nearby vacant properties with a permitted use in the subject zone district. There are no qualities of the proposed use that would have a negative impact on adjacent uses or developments. (8) The land and buildings which are involved shall be adequate, in terms of size, shape, type of building and the like, to ensure compatibility with the proposed conditional use. The property and the proposed building are adequate, in terms of size, shape, and type of building, to provide compatibility with the proposed conditional use. The maximum lot coverage in the C2-A, Waterfront Commercial district is 40 percent and the applicant has indicated that the proposed buildings are consistent with this requirement. (9) The proposed development shall be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area. The subject buildings are within the Old Cove Condominium parcel which contains two restaurants and the Cove Inn, which is a transient lodging facility. The proposed project will be compatible and appropriate with respect to adjacent properties and other property in the district and geographic area.

15 Page 15 (10) The collective impact of similar non-residential conditional uses shall not result in a single service district or have a negative effect on adjacent property values. The proposed conditional use will not result in a single service district, nor will it have a negative effect on adjacent property values. Residential Impact Criteria Considering the criteria for residential impact statement from Section of the Code of Ordinances, staff finds the following: (1) Illumination. Illumination levels shall not exceed 0.5 footcandle at the lot lines of the subject property. In addition, the standards for illumination set forth in section shall also be met. It is not anticipated that the illumination levels will exceed 0.5 foot-candle at the lot lines of the subject property. (2) Noise. Physical barriers exist and operation plans are in place to insure that noise levels shall be consistent with those identified in section Businesses with external speakers such as outdoor live entertainment, drive-thru lanes and automotive dealerships, shall take measures to insure that speakers are pointed away from residences and sound is buffered. There will be no external speakers on the building and no live entertainment associated with the proposed conditional use. (3) Parking and access. Parking must meet the minimum requirements and be adequate to avoid any overflow into the residential area. Parking areas shall be situated and buffered to avoid impacting the residential areas. Primary vehicular ingress and egress shall, where possible, be located to avoid conflict with traffic in the residential area. Pedestrian connections with public sidewalks and residential areas are encouraged. The existing site contains 244 parking spaces to support the entire Old Cove Condominium and the existing 5 buildings. The existing buildings to be demolished currently require a total of 74 parking spaces. The petitioner proposes to replace the buildings with two buildings containing a total of 8 residential and 8 transient lodging units, which requires the provision of 28 parking spaces. The proposed development will create a net decrease in the number of required parking spaces on the site from 74 to 28, resulting in an increase in the amount of net parking spaces available for use on the property. The proposed parking is consistent with the previously approved parking needs analysis on the site. (4) Landscape buffer. Landscaping provides adequate screening between the commercial activity and the residential units including buffering noise and the glare from vehicular headlights. Based on the project design and surrounding development patterns, additional landscaping and screening may be required to provide adequate buffering as determined by the city council. Where possible, existing landscaping buffers shall be upgraded to meet or exceed the requirements of Chapter 50, Article III, landscaping and tree protection. The landscape plan shows extensive perimeter plantings, including a variety of trees, palms, and shrubs. The Design Review Board has granted preliminary approval of the project including the landscaping. (5) Mitigation of hazardous or adverse impacts. All hazardous or adverse impacts to adjacent residences in adjacent residential zoning shall be adequately addressed in a mitigation plan to minimize or eliminate such hazardous or adverse impacts. The city

16 Page 16 reserves the right to require additional mitigation when it finds the identified impacts are not adequately addressed. No hazardous or adverse impacts are anticipated to be created by the allowance of transient lodging units at this location. (6) Hours of operation. Where the proposed hours of operation extend to between 9:00 p.m. and 8:00 a.m., security measures shall be taken to insure monitoring of the premises including parking areas. There will be adequate lighting in the parking areas to ensure safety and security. PUBLIC NOTIFICATION: On September 28, 2015 a total of 238 letters were mailed to property owners within 500 feet of the site. As of the date of this report, Staff has received no responses to the mailing; however, this item was originally submitted for the September 9, 2015 Planning Advisory Board meeting and noticed on August 21, Staff received 8 written responses to the original mailing, copies of which are attached. It is important to note that the design has been revised since the original notice was mailed. Respectfully submitted, Erica J. Martin, MPA, AICP Senior Planner