height variance request international palms october …

HEIGHT VARIANCE REQUEST INTERNATIONAL PALMS October 22, 2019

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SUMMARY

REQUEST: Height variance to exceed 45' on property with a Base Flood Elevation designated

per the Federal Emergency Management Agency Flood Insurance program

HEIGHT REQUESTED: 70 feet

BASE FLOOD ELEVATION: Zone VE- 14’7” per Boundary Survey

PROPERTY LOCATION: 1300 NORTH AIA COCOA BEACH, FLORIDA (See Map 1)

OWNER: Driftwood Acquisitions & Development, LP (DADLP)

255 Alhambra Circle Suite 760

Coral Gables, FL 33134

FUTURE LAND USE DESIGNATION: REDEVELOPMENT MID-TOWN

ZONING DESIGNATION: OCEANSIDE

JUSTIFICATION STATEMENT

INTRODUCTION

DADLP is petitioning the Cocoa Beach City Commission to consider and approve a variance

request under Section 4-40 of the City's Land Development Code. This application will address

the standards and conditions found in Section 4-40 (B) (a-d).

Figure 1 ZONING AND LAND USE as of September 27, 2019 as shown on the City's Website.

Justification Report

sr3101

Typewritten text



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History

The subject property has been a hotel or condominium since it was built in 1960, formerly

utilized as the Terrace Dunes Motel, a Holiday Inn, and condominiums until around 1980 (See

Map 1 Location Map). Current development consists of an aging and blighted hotel/resort,

containing multiple phases of development constructed in 1963, 1964, 1978, 1979, with some

internal renovations undertaken in 2004. The Brevard County Property appraiser's website

shows 11 buildings.

Map 1



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The property is used as a hotel resort, with a mix of 502 hotel rooms and +/- 39,000 square feet

of meeting space, beach front restaurant, 3 other restaurants/bars, business center and gift

shop. According to the property appraiser, buildings occupy 304,000 square feet or 45% of the

site. Other on-site amenities consist of a pool, 579 parking spaces, tennis court, recreational

and other amenities. Map 2 shows the existing site plan.

Map 2



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The site survey shows 15.584 acres (677,952 SQUARE FEET), and a flood hazard zone of VE with

a base flood elevation established by FEMA. This project is therefore requesting approval of 70'

in height, as measured from the BFE of 14'7", as shown on Map 3. Note complete survey is

provided in application package.

Map 3



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As seen in the location map aerial photo, the existing facilities were built prior to today's

stringent standards for environmental protection. The site is almost completely paved with a

few grass areas containing planters and/or plant beds with palms and some oaks. There are no

known or observed stormwater retention ponds or treatment management systems, other

than several inlets that deliver run-off into the FDOT’s AIA system. The rest is run-off that sheet

flows into the FDOT inlets on AIA.

Access is currently provided via a 2-way drive using the old Holly Lane roadway off AIA. The

parking spaces are spread over the site and currently accessed via Tulip and Holly Lane.

LAND DEVELOPMENT CODE SECTION 4-40 AND LEGAL STANDARDS

Section 4-40 (A)7 of the Land Development Code states: "The 70 feet referenced in Section 4-

40(A)(6) shall be measured from the crown of the abutting road and measured to the top of the

highest building element or attachment, except as set forth in this paragraph and as adjusted by

administrative waiver. Any such administrative waiver shall be limited to unoccupied building

elements and attachments only. Where a parcel or a portion thereof has been assigned a FEMA

Base Flood Elevation, or another minimum elevation for construction of habitable space has

been applied to a parcel pursuant to federal, state, or local law, the 70 feet referenced in

Section 4-40(A)(6) shall be measured from the height of the Base Flood Elevation or other

minimum elevation, rather than the crown of abutting road."

REQUEST: THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW A 70' STRUCTURE AS

MEASURED FROM THE BFE PER MAP 3. FIGURES 2 AND 3 SHOW THE TOP OF ROOF

DIMENSIONS AND ARCHITECTURAL ELEVATIONS RESPECTIVELY.



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Section 4-40 (B). Legal standards for variance for a building height to exceed 45 feet

1. In granting a variance governed by this section, the City Commission shall make findings of

fact based upon competent substantial evidence that the application for variance satisfies each

of the following legal standards, which shall exclusively govern and be required for approval of a

height variance by the City Commission:

a. Special conditions and circumstances (regardless of whether such special conditions and

circumstances result from the actions of the applicant) exist with respect to the land, structure

or building involved, including but not limited to unusual or extraordinary site conditions or

location, which are not applicable to a majority of other lands, structures, or buildings within

the City. Such special conditions and circumstances may include, but not be limited to:

i. Advanced age and deteriorating conditions of existing buildings and structures on

the land.

RESPONSE: Visual inspection of the structures and site clearly indicates aging and deteriorating

buildings, amenities, and infrastructure. Onsite inspections with the City of Cocoa Beach public

works revealed aging pipes that run under the swimming pool and buildings, making it difficult

to repair, replace and upgrade. Decaying clay vitreous pipes have corroded and crumbled in

certain areas, needing to be replaced with modern PVC.

Buildings constructed during that time frame often contained asbestos and lead based

materials. There is an environmental report from 2016 that indicated "BEST recommends that

the property develop an Asbestos Operations and Maintenance Program for the

wallboard/joint compound, thermal system insulation, spray-applied fireproofing, acoustic

ceiling tiles, roofing materials, and vinyl flooring and associated mastic to maintain them in

good condition, until a comprehensive asbestos survey and subsequent removal are

completed." BEST also recommended "that a Moisture Management Plan be developed in

order to address any current or future issues of water infiltration and to correct any current

mold issues at the property" because of the presence of mold and evidence of moisture in

areas reviewed during the inspection. BEST’s review of the property indicated several areas of

minor water infiltration and staining on the ceilings."

Information from the owner indicates that from January -September 2019, $61,000 in facade

repairs were made to surfside buildings and exterior hallway ceilings deteriorating from

moisture and rust. In the past 2 years, they have spent $166,814 on old roof repairs and

$45,530 on corroded doors. Their annual operating budget for maintenance is $550,000 a year.

In addition they have a number plumbing issues on a weekly basis from old vitreous clay pipes

that are eroding from age.



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By granting this variance, a new building can be built to modern standards using material, and

construction standards that will be safer for the public and environment and improve the

visual, aesthetic, and physical conditions of the site for City. By not allowing for the variance,

the dilapidation and blighted conditions will remain.

ii. Substandard stormwater management systems associated with the land and

existing buildings and structures on the land.

RESPONSE: Currently, the site appears to be meet no present day regulations, meaning there is

little pre-treatment of any run-off. Water appears to sheet flow into the FDOT inlets and likely,

into the Indian River Lagoon, contributing its share of problems with other older developments

in the City. New development will have to be permitted and a new project will have to meet all

current day standards. The following was provided by the current designers of the project,

AECOM:

"PERMITTING OVERVIEW: On-site drainage system to be designed per the requirements

of City of Cocoa Beach, Florida Department of Transportation (FDOT) and the St. Johns

River Water Management District (SJRWMD). Applicable design references in the

SJRWMD Applicant’s Handbook, Vol. I & II. City of Cocoa Beach and FDOT Drainage

Design Guide and Manual. Pre-permitting and permitting requirements include

stormwater calculations, grading plans, soils/geotechnical report, water table and

seasonal high groundwater table determination, retention pond design calculations, and

verification of SJRWMD permit approval. It is advisable to hold pre-application meetings

with each agency listed above before or at the onset of the engineering design phase to

establish and verify the civil and stormwater design requirements.

STORMWATER MANAGEMENT SYSTEM DESIGN: Due to the lack of available land area,

below grade stormwater vaults will be utilized to treat stormwater conveyance by

capturing contaminates such as foliage, trash, sediments and hydrocarbons to maximize

pollutant capture and minimize the discharge of contaminants. The stormwater vault

will discharge via a precast concrete control structure into a FDOT drainage structure on

the east right-of-way of US Highway A1A. Drainage design for the outfall into a FDOT

structure shall adhere to FDOT Drainage Connection Permit standards. Applicable design

references include the FDOT Drainage Design Guide and Manual and Standard Plans.

The proposed stormwater system will utilize low-impact development (LID) design

techniques including permeable pavement, vegetated swales, green roof systems, bio-

retention basins or rain gardens and stormwater harvesting or reuse when possible.



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The stormwater management plan shall contain maps, charts, graphs, tables,

calculations, photographs, narrative descriptions and explanations and citations to

supporting references, as appropriate to communicate the information required by this

City in its stormwater master plan. The plan shall meet the most recently adopted

submittal requirements of the City and SJRWMD including a written maintenance plan

that shall be submitted to the city containing documentation sufficient to name the legal

entity empowered and obligated to perpetually maintain the stormwater management

facilities.

EROSION AND SEDIMENT CONTROL: The site construction plans will include erosion and

sediment control details to minimize or eliminate sediment transport and deposition into

the air and/or water within the city and to ensure compliance with the city's NPDES MS4

stormwater permit. with references to the Florida Development Manual: A Guide to

Sound Land and Water Management and the State of Florida's Erosion and Sediment

Control Manual for Designer and Reviewers.

Throughout the life of the construction period, best management practices (BMPs) will

be in-place and inspected in accordance to the conditions of the NPDES generic

construction permit to minimize disturbed areas by phasing construction activities and

developing contingency plans for severe rain events and any approaching hurricanes."

Approving the variance will enable the site's

redevelopment, and complete site demolition

and re-construction meeting today's

environmental standards. This provides an over-

riding public benefit to not only the citizens of

Cocoa Beach, but users of the beautiful natural

resources of the Atlantic Ocean, Indian River

Lagoon, and nearby parks, such as Lori Wilson.

Upgraded environmental features will assist the

City in meeting some of their Sustainability

Goals, namely, Element #4.

iii. Substandard life safety systems associated with existing buildings and structures on

the land.

RESPONSE: The facility has older fire alarm systems that have had annual repairs of

approximately $8500. The old system does not currently tie into The 502 guest rooms;

however, there are smoke detectors and sprinklers in those rooms to meet life safety codes.

Figure 2 ELEMENT #4



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Approval of the requested variance will allow for a modern structure, built to modern standards

that will provide the latest in life safety systems. A new building will potentially also reduce the

number of false alarms from an upgraded modern system.

iv. Substandard energy conservation systems associated with existing buildings and

structures on the land.

RESPONSE: Buildings that were built in the 1960 and 1970's do not have any of the low-impact

sustainable design features built into modern structures. Whether going for Leadership in

Energy Efficient Design (LEED), green building coalition, or other energy/green building

certification, the proposed project will potentially have many other sustainable features

including: solar heating for pools, green roofs, high efficiency HVAC systems, low impact toilets,

low impact/emitting lighting, light pollution reduction, building lifecycle impact reduction

methods, enhanced energy performance building materials, better life safety, green roofs,

more pervious surface, water use reduction materials, hotel re-use/reduce/recycle programs,

among others.

v. Elevated incidence of crime associated with existing buildings and structures on the

land.

RESPONSE: According to the City of Cocoa Beach Police

Department, International Palms has had 2155 total

police call of varying types between September 2016 and

September 2019. Between 2014 and 2016, there were

1016 number of calls for service. The demands for

service for this property puts a strain on community

services and tends to have a degrading affect on the site.

Table 1 provides a comparison of the International Palms

with other hotels in the City.

vi. Elevated fire or emergency medical service

calls associated with existing buildings and

structures on the land.

RESPONSE: From February 2016 to August 2019, there

were 252 calls for a range of Fire or EMS service.

Documentation is provided in the Appendix.

2155

745

114

652

248

754

391

414

1563

Hampton

Westgate

Doubletree

Hilton

Source: City of Cocoa Beach Police

Department, 2019

Comparison Police Calls for

Service 9/2016 to 9/2019

International Palms

Best Western

Econo Lodge

Sheraton

Days Inn

TABLE 1

Table 1



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b. As a result of such special conditions and circumstances, the literal interpretation and strict

application of the 45-foot building height limit would result in an unnecessary hardship. Such

unnecessary hardship may include but not be limited to:

I. Depriving the applicant of rights commonly enjoyed by other properties within

proximity to the proposed site, including but not limited to other properties with

buildings exceeding 45 feet in height (regardless of when such buildings were

authorized).

RESPONSE: Figure 5 depicts the community and adjacent properties surrounding the

International Palms proposed project site. The proposed project would upgrade the entire

property, bringing it into compliance with current rules and regulations for buildings,

construction, environment, physical, economic and infrastructure elements.

This project is shorter than most of the existing high-rise structures and consistent with most of

the existing buildings proximate to the site. To deprive this applicant of the same rights that the

surrounding properties enjoy, would leave a derelict, economically draining, and unsustainable

project in its place. For Cocoa Beach to grow sustainably, proper redevelopment and

elimination of blighted structures must occur. The proposed project is consistent with the area

as shown on Map 4 and Figure 5. Figure 6, a view looking west from the Atlantic Ocean, clearly

shows a shoreline elevation where this building is consistent within the context with the

surrounding community.



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MAP 4



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ii. Impeding or disincentivizing the redevelopment of a parcel, where the

redevelopment of such parcel would foreseeably ameliorate any blighted condition

associated with the land and existing buildings and structures on the land, including

but not limited to those conditions enumerated in Section 4- 40(B)(1)(a)(i) through (vi),

and conditions similar thereto.

RESPONSE: A development or redevelopment project must be financially feasible for it to be

undertaken. If it is not financially feasible, an owner will continue to do the minimal necessary

to keep the building open. For a project like the proposed, a Westin Resort, the owner will

demolish everything that exists on the site and start over. With a completely clean slate (site) to

work on, the latest technologies, materials, best management practices, and design elements

can be integrated into completely upgrading the site. The variance is the single most important

component to impeding a new project on this site. Without the variance, the International

Palms and all its issues will remain.

iii. Impeding or disincentivizing the development or redevelopment of a parcel so as to

result in a substantial economic loss to both the property owner and the City.

RESPONSE: With an estimated construction/build out cost of over $250 million, a new Westin

will have no comparison, economically, socially, or physically to the current International Palms.

This will translate into almost $1.2 Million annually at today's millage rate and values. After a 2-



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3-year build-out, values and millage may change, resulting in more value to the City's tax base

and annual budget. Not approving this project, creates a huge economic loss for the City and

loss to the owner as the project becomes one of diminishing marginal returns. Without a

feasible project to provide a reasonable return on investment, the current site will sit derelict.

Additionally, environmental enhancements will be a baseline improvement just to meet today's

regulations; not to mention add-ons for sustainability. Approval of the variance will allow a

financially feasible redevelopment project to occur. Without the variance, a huge impediment

stands in the way of Cocoa Beach's sustainable future.

c. The granting of the variance (while not necessarily the minimum variance necessary to

make reasonable use of the land, building, or structure) is conditioned upon the restriction

that residential areas (RS-1 and RM-1) shall be buffered by tiered heights from higher

structures, with intervening rights of way or canals not considered buffers.

RESPONSE: NA

d. The granting of the variance will be in harmony with the general purpose and intent of the

LDC and will not be injurious to the neighborhood, or otherwise detrimental to the public

welfare, but rather enhances the public, economic, or social welfare of the community.

RESPONSE: Map 4 shows the adjacent developments consists of Lori Wilson Park, the Hilton,

the Marlins Condominium and several other long-standing condominium and resort projects to

the north and south. Many of those projects are taller than the International Palms proposed

redevelopment project. This project's proposed land uses are compatible and consistent with

the surrounding areas in style, type, and use. Figure 6 provides a view looking west from the

Atlantic Ocean to provide a shoreline view of the proposed building in context with the

surrounding community.

Additionally, the project itself will be huge addition to the social fabric of the community. If

allowed and permitted there will be several new retail shops, roof top bar, several upscale

onsite restaurants, a public fitness and tennis center, improved public beach access, new public

boardwalk along the beach front, much needed large conference center/meeting rooms,

potential park and open space improvements, extensive parking for onsite as well as

guest/public users, among other components. This site will become an architecturally

advanced, aesthetically improved gathering and destination location for the City and remove a

decaying, derelict property from the visual scene of the City. Economically, it will provide over

a 1000 construction jobs, hundreds of permanent and temporary jobs, infuse sales/hotel and

other taxes for community and tourism economic development, infrastructure, public safety,

and other social enhancements.



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CONCLUSION

The site is in a Redevelopment district due to the blighted conditions evident from the physical

deterioration of buildings and infrastructure, the social conditions from higher than average

public safety calls, and the economic outcomes of lost revenue and high service costs that an

aged structure has on the tax base of the city. The current site and use have been an over-user

of city services, and while its contributions into the tax base are over $200,000 per year, this

existing resort will continue to be a user unless allowed to be redeveloped. The site will only

become a positive contributor if the City grants the requested variance to enable complete

reconstruction of site into a financially feasible, environmentally sound, and sustainable

project.

A new project will reduce public safety calls and reduce the demand on public services. The

infusion of a new project worth several million dollars will infuse millions of dollars into the CRA

and/or city budget for other goods or services or infrastructure improvements needed

elsewhere. A new project will remove older building materials and aging decaying

infrastructure that will be replaced with new energy efficient, sustainable and low impact

design and construction methods and products. The environment will be improved due to

meeting current day requirements.

In my expert opinion, based upon the analysis and discussion herein, the proposed project

meets the requirements necessary for the City Commission to award a variance to 70' from the

base flood elevation.

Respectfully submitted,

___________________________

Rochelle W. Lawandales, FAICP


height variance request international palms october …

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