COMMUNITY DEVELOPMENT DEPARTMENT

Staff Report:

Date: September 11, 2007

TO: Planning and Land Development Review Board

Meeting Date: September 19, 2007

FROM: Community Development Department

SUBJECT: Harborside Inn and Marina– Ordinance 2005-18/RZ-PUD-05-06

OWNER: Centex Homes (DBA Centex Destination Properties)

APPLICANT:Michael Chiumento III

1. FILE NO.

APPLICATION # RZ-PUD-05-06a

2.Requested Action:

The applicant is requesting to amend the PUD Development Agreement to provide a mechanism by which Centex Destination Properties may restate the adopted Development Agreement.

3. Existing Zoning and FutureLand Use Map Designation

  • Zoning - PUD
  • FLUMMixed Use

4. Surrounding Land Uses:

North: MFR-1 (PUD)

FLUM – Residential

South:MFR-3

FLUM –Mixed Use

East: MFR/Marina (County)

FLUM –Mixed Use (Low Intensity) (County)

West: MFR- 3

FLUM - Residential

5. Property Description and General Site Characteristics:

The property is comprised of 17.14 acres and is situated at the intersection of the Intracoastal Waterway and Clubhouse Waterway. The property is partially developed/redeveloped as a result of the PUD rezoning granted in 2005.

6. Background

The site was developed as a 154-unit hotel, an 84-boat slip marina, restaurant, conference/meeting space, fueling facility, harbor master/ship store, recreation facilities and associated parking.Development of the site commenced, and to date, site improvements include the construction of one (1) resort condominium building consisting of seventy-two units, parking garage structure and landscape/hardscape enhancements.

7. Development/Redevelopment Summary:

Current Development Entitlements

The rezoning in 2005 from C-2 to Planned Unit Development included:

  • Redevelopment of the existing 154-unit hotel into a 209-unit resort condominium hotel.
  • 47,000 square feet of accessory hotel uses to include, but not be limited to, ballrooms, restaurant, kitchen, fitness center, boardroom, conference/meeting space.
  • Development one hundred sixty-nine (169) resort condominium units in three (3) or four (4) buildings.
  • Maintain the existing 84-slip marina.
  • Maintain and resituate harbor master/ship store fueling facility.
  • Construct parking garage, surface parking pools, trails, outdoor leisure areas and other similar uses.
  • All construction on the site shall be completed within five (5) years of the execution date of the Agreement.

Proposed Development Agreement Modification

The requested amended development entitlements and modificationsare summarized as follows:

  • Development of a 209 unit resort hotel, resort condo/hotel
  • Developmentof ninety-seven (97) additional resort condominium units inasmuch as the developer has constructed an eight story building (Building "E" as depicted on the master development plan) comprised of 72 units and associated parking garage (Building "F"), thereby using 72 of the 169 condominium resort unit development entitlements.
  • Number of unit entitlements previously granted will NOT increase. However, development flexibility is incorporated to provided for the decrease in the number of condominium units and increase the number of hotel units as follows:

1.The Developer may convert Building "D" into two resort condominium buildings which buildings shall not exceed a maximum height of six stories with no additional unit entitlements being granted, but the Developer retaining the right to construct Building "B" and Building "C" to the extent of remaining unit entitlements.

  1. The Developer may convert the units entitled to be developed as resort condominium units and condominium hotel units into hotel units; with only Building "B" being constructed as the hotel at eight stories and the additional hotel units being constructed at six stories with no additional unit entitlements being granted.
  1. The Developer may convert portions of the resort condominium units and condominium hotel units into hotel units within the hotel building with the same height limitations as stated in (ii) with no additional unit entitlements being granted.
  • To ensure that waterway views from Palm Harbor Parkway is maintained, the hotel footprint, if reconfigured, shall not be extended within 150 feet from Palm Harbor Parkway and limited to six (6) stories in height.
  • Construction on the site shall commence within five (5) years of the execution date of the Agreement.
  • Language provided to accelerate the construction of the Resort Hotel.
  • Language provided to ensure Intracoastal walkway will remain open to the general public via open interconnectivity through St. Joe Walkway.
  • Criteria provided to enhance screening of construction and sales trailers.
  • On site lighting standards have been incorporated to minimize off site lighting glare.
  • Site Development Requirement standards remain unchanged as depicted in the Development Agreement.

8. Analysis of Proposed Amended PUD based on Land Development Regulations:

Ordinance No. 2000-39, adopted August 1, 2000, established a list of eight (8) items that the PLDRB shall consider in reviewing an application for rezoning. Although the area is zoned PUD as a result of the initial rezoning request of 2005, each of the Staff findings is enumerated and concert with the proposed amended request.

1.Whether it is consistent with all adopted elements of the comprehensive plan.

Staff Finding: One of the primary functions of the Comprehensive Plan and the Future Land Use Map (FLUM) is to direct more intensive development to areas identified as Planned Urban Service Areas where facilities and services are either currently available or planned for future development. In this instance, the FLUM designationis Mixed-Use with an accompanying Neighborhood Village Center Overlay. In keeping with this adopted development philosophy, staff also considered the following Comprehensive Plan Objectives and Policies in evaluating this proposal.

Policy 1.1.1.6 – Permitted Mixed Use Development Patterns - Staff believes the project meets the intent of this FLUM designation for Mixed Use as defined in Comprehensive Plan which permits commercial uses to be interspersed within or adjacent to multi-family parcels. It is noted that the project also offers a unified architectural theme although not a requirement of this policy.

Objective 1.4.1 –Diversification and expansion of the City’s employment base - Staff believes that the project supports this objective which calls for an economic strategy that addresses diversification and expansion of the economic base. Clearly this project provides a needed economic resource to the community, based on the Fishkind analysis summarized in (3) below. Additionally, it offers the City a major resort hotelthat can accommodate conferences and attract tourists to the community.

Objective 1.4.2 – Creation of Employment and Jobs - Staff believes the project is supportive of this objective by providing additional jobs to the community in close proximity to housing and traffic corridors thereby maximizing accessibility, and enhancing the economic climate of the City.

Objective 2.1.2.1 Requiring Concurrency for new development -The project is replacing and adding to an existing development whose traffic is currently included on the City’s Concurrency Spreadsheet. The project will add 122 new trips to City’s roadways. Currently Palm Harbor Parkway is operating at an LOS C with 520 Peak Hour Trips including trips from projects approved for development but not yet built. This project will add 52 trips south of the project and 33 trips north of the project on Palm Harbor Parkway. The project’s trips will not degrade the current LOS for either the northbound segment which is operating at 30.2% of capacity or southbound road segment which is operating at 38.3% of capacity. This project will also generate 37 peak hour trips west bound on Club House Drive which is currently operating at 57.8% capacity an LOS D. A traffic study indicated that the project will likely meet concurrency at site plan review. Turning lane construction requirements as well as Signalization Requirements will be determined at site plan review. If a signal is required to be constructed at the entrance of the hotel, the improvement will be considered to be site access improvements and will not be eligible for impact fee credits. Signalization at other intersections would be eligible for credits. It is noted that a traffic signal was installed at the intersection of Palm Harbor Parkway and Palm Coast Parkway.

Staff opines that the project is consistent with the City’s adopted Comprehensive Plan and supports the Plan’s goals and objectives.

2.Its impact upon the environment or natural resources.

Staff Finding: According to the Development Agreement, the general landscaping around roadways, entrances, residential buildings and common areas will be landscaped with ornamental and native plant materials and in accordance with the Land Development Regulations of the City. All ornamental landscaped beds and lawn areas will have supplemental irrigation. In addition, the project will provide for street tree plantings consistent with the provisions of the Comprehensive Plan. The project also provides for significant buffering including planting of hardwoods on the south and west adjacent to exiting residential development and public roadways. In addition, the project will preserve the many mature hardwoods along the Intracoastal and Club House Waterways and will move and replant hardwoods on the site that are of a size and species that are likely to survive transplanting. This will be done under the supervision of the City’s Landscape Architect.

No wetlands occur within the Project except for a ditch located at the southeast boundary of the Project. No impacts to this ditch are anticipated. The project will also utilize water conservation strategies which shall be included in the covenants and deed restrictions. A stormwater pollution prevention plan ("SWPPP”) is required to be incorporated into the construction and permit documents for the Project and dust control measures, are required during construction and demolition. In addition, all unit owners will be provided with educational materials regarding the vulnerability of their property to the impacts of hurricanes.

3.Its impact on the economy of any affected area.

Staff Finding: This proposed rezoning should have a positive economic impact on the PalmCoast community as a whole. This proposed development plan and associated support facilities should provide to the City a resource in its efforts to attract tourists and industry in the area. The economic impacts for the initial submittal were previously analyzed using the Florida Fiscal Impact Analysis Modeling System developed by Fishkind and Associates. The results were as follows:

  • $15 million in total ad Valorem revenues to the City in the next 20 years
  • Net Present Value Operating Benefit to the City of $2.2 million
  • Net Present Value Capital Benefit to the City of $552,000
  • Overall net Benefit to the City of $2.7 million
  • $20 million in total ad Valorem revenues to FlaglerCounty over next 20 years
  • $18 million in gross state sales tax receipts to the State over next 20 years
  • 457 jobs with 268 being permanent jobs and an additional 103 jobs based on indirect impacts and
  • $17 million in annual employee wages

Additionally, these units are not eligible for Homestead Exemption and in addition, generate tourist taxes from the rentals.

4.Notwithstanding any provisions of the land development regulations, its impact upon necessary governmental services such as schools, sewage disposal, potable water, drainage, fire and police protection, solid waste or transportation systems.

Staff Finding: The PUD Agreement addresses most of the aforementioned categories including utilities, parks and transportation impacts. The PUD Agreement states that this development is still subject to the City’s concurrency requirements at DRC Site Plan review. As for schools and parks, the project has little or no impact except that it may be required to contribute to the school impact fees because condominiums are assessed impact fees for both functions.

5.Any changes in circumstances or conditions affecting the area.

Staff Finding: While there are no immediate plans to widen Palm Harbor Parkway, there is a commitment by ITT to 4 lane a portion of the roadway when traffic reaches 10,000 daily trips. Counts on the roadway are currently less then 50% of that level and it will be some time before that requirement will be triggered. It is noted that in the prior submittal the need for a traffic signal at Palm Coast Parkway and Palm Harbor Parkway was stated. The signal has since been installed to include related intersection improvements. It is not anticipated that this project will have a significant impact on Palm Coast Parkway’s currently failing link.

6.Any mistakes in the original classification.

Staff Finding: There were no anomalies in the prior rezoning for this project as a C-2 Commercial Classification.

7.Its effect upon the use or value of the affected area.

Staff Finding: It is anticipated that the project will not have either a positive or negative impact on the surrounding properties as it is a continuation of its current use. It is anticipated that the project will have a positive economic impact on the community as a whole.

8.Its impact upon the public health, welfare, safety, or morals.

Staff Finding: The project does not change theland uses.Additional impacts, if any, are deemed de minimus and notdetrimental to the public health, safety or morals of the community.

9. Recommendation

Recommend that the Planning and Land Development Regulation Board recommend approval of Application No. RZ-PUD-05-06-A,amending the previously approved RZ-PUD-05-06 to City Council.

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