ACTION ITEM
SPONSOR: Teniade Broughton, Chairperson
SUBJECT:
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HAWKSHAW REDEVELOPMENT PROJECT PLAN SUBMITTAL
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RECOMMENDATION:
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That the Community Redevelopment Agency (CRA) accept the potential material deviations, enumerated herein, to the redevelopment plans for the Hawkshaw Redevelopment Project as outlined in the Declaration of Conditions, Covenants and Restrictions (CCRs).
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SUMMARY:
In June 2017, the Community Redevelopment Agency (CRA) issued a Request for Proposals (RFP) for redevelopment of the property at 9th Avenue and Romana Street (the Hawkshaw Redevelopment Project). Hawkshaw Development Group, LLC (“Hawkshaw”) was selected by the CRA to develop a mixed-use commercial and multifamily residential development in compliance with the February 2018 Declaration of Conditions, Covenants, and Restrictions (the “CCR”).
On October 11, 2021, the Community Redevelopment Agency (CRA) approved a revised design which included an apartment development with 195 to 210 units (4th Amendment to CCRs). A 5th Amendment was also approved on March 7th, 2022, which clarified the milestone provisions and order of sequence.
At the CRA’s September 12, 2022 meeting, the developer presented a revised proposal and requested a 6th Amendment to the CCRs to permit development of the site in accordance with the revised plan proposal. A 6th Amendment was approved on November 7, 2022. Pursuant to Section 2.01 of the CCR, as amended, no material deviation from the revised plan proposal elements included in the 6th Amendment are permitted without the prior written consent of the CRA, which consent shall not be unreasonably withheld, conditioned, or delayed. Pursuant to Section 2.01 of the CCRs, as amended, final plans for permitting were required to be submitted no later than June 30, 2023. Three permit applications were submitted on June 30, 2023 for three (3) buildings entitled “Building A” (S. 9th Avenue), “Building B” (E. Romana Street) and “Building C” (S. 10th Avenue).
Staff and legal review have identified the following potential material deviations which require CRA consent before the project may move forward.
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SIXTH AMENDMENT REQUIREMENTS |
HAWKSHAW SUBMITTAL |
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2.01(h) - Buildings must contain approximately 95,000 conditioned gross square feet. |
Per Mr. Spencer, buildings contain approximately 70,800 conditioned gross square feet. (CRA staff calculated 70,080 s.f.) |
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Section 2.01(h) - Buildings and structures must contain approximately 130,000 total gross square feet, including conditioned square feet, covered parking, exterior corridors, and balconies. |
Per Mr. Spencer, buildings and structures contain approximately 99,759 total gross square feet. |
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2.01(a) - 3 4-story buildings. |
3 3-story buildings. |
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2.01 (e) - The ground floor of each 4-story building shall be used for covered parking. |
No covered parking; ground floors of all three buildings are residential units. |
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2.01 (f) - Buildings shall be elevated to meet applicable flood elevations. |
Compliance cannot be determined without a pre-construction elevation certificate, which was not submitted as required. |
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2.01 (g) - Surface parking shall be a combination of concrete and semi-permeable pavers. |
Surface parking is asphalt. |
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Section 2.01(i) - Landscaping shall include (i) traditional streetscapes along S. 9th Avenue and Romana Street, (ii) “unique urban garden areas” fronting Admiral Mason Park, (iii) a mix of planted in-ground materials, and (iv) material set in architectural features such as planters, seating, and other urban elements. |
Landscaping is limited to street trees set in front of a wall, which arguably satisfies (i) (traditional streetscapes). Hawkshaw submittal does not show compliance with (ii), (iii), and (iv). |
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Section 2.01(h) - The outward appearance of the condominium buildings shall be substantially in accordance with the renderings presented to the CRA at its September 12, 2022, meeting. |
Admittedly, comparing the September 12, 2022, color renderings to the elevations included in the submittal proved difficult. Color renderings of the proposed outward appearance, similar to the September 12, 2022, renderings, would be very helpful. However, CRA staff believes that there are several significant changes to the outward appearance as presented on September 12, 2022, including: 1) The three buildings are no longer separate and distinct, but rather are now connected via elevated landscaped courtyards on the first floor and exterior breezeways on the second and third floors. (2) Floor-to-ceiling windows leading to balconies, as showcased in the September 2022 renderings, have been replaced by smaller, square casement windows, resulting in significantly less glazing. (3) Louvre screening of stairwells has been eliminated/stairways appear to be more enclosed (possibly a Code requirement). (4) In the September 2022 renderings, the North and South facades of Buildings A and C differ stylistically from one another, whereas in the submitted plans the façade designs for the North and South elevations appear to mirror each other. (5) The balconies in the September 2022 renderings appear to be higher above grade than in the submittal (10’+ vs. 6’). |
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2.01(g) - Parking must meet applicable regulations. |
The submittal shows 92 parking spaces, which satisfies the minimum requirement of 58 spaces but violates the maximum allowable of the greater of 10% more than the minimum or 10 additional spaces. So, the maximum allowable is 68 spaces, which means that the specific approval of the city engineer and planning services department will be required for the 24 excess spaces which approval must be “due to unique and peculiar circumstances or needs resulting from the size, configuration, or location of a site requiring a modification of the standards….” (City Code Section 12-3-121(c)). |
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2.01(b) - Building A (fronting S. 9th Ave.) shall contain “amenities [plural] benefitting the residents of all Project buildings.” |
A fitness center is in Building B (fronting E. Romana Street). Bike storage rooms are shown on the first floors of Buildings A and C. |
Section 2.01(l) of the CCRs required “final plans for permitting” to be submitted to the CRA by June 30, 2023. In the opinion of staff, the submittal does not qualify as “final plans for permitting” because:
(1) The submitted plans are marked “Not for Construction” which cannot be permitted.
(2) Hawkshaw’s plans were submitted without first obtaining Planning Board approval, which is a prerequisite to submitting plans for permitting.
(3) No pre-construction flood certificate was submitted as required (which is also required in order to determine compliance with the Sixth Amendment).
(4) As noted above, the CRA must give its “prior written consent” to material deviations. Because the CRA has not given its prior written consent (actually, no consent at all to date) to the material deviations, the submittal itself is premature and deficient.
The attached letter confirming the abovementioned deficiencies was issued to the Developer on July 27, 2023.
The Developer has submitted an application for Planning Board review of the plans at its August meeting. Action taken by the Planning Board remains contingent upon the CRA’s acceptance of the material deviations to the plan, as outlined in the CCRs.
Failure to meet the required final plan submittal deadline entitles the CRA to liquidated damages in the amount of $500 per day for each day elapsing after the June 30, 2023 deadline until the missed deadline is achieved, up to a total sum of $25,000. As of August 15, 2023, liquidated damages will be $15,500.
PRIOR ACTION:
November 6, 2017 - CRA approved the development agreement/contract for sale of the Hawkshaw property to Robert Montgomery, LLC.
February 26, 2018 - The deed for sale of Hawkshaw property to Hawkshaw Developers, LLC was filed in Escambia County Official Records.
June 10, 2019 - The CRA approved extension of the commencement deadline for the Hawkshaw redevelopment project at 9th Avenue and Romana Street to September 30, 2019 and granted extension of the construction commencement deadline.
August 5, 2019 - The CRA approved the revised design plans, revised construction timeline and changes to the Hawkshaw Redevelopment LLC Development Team.
May 10, 2021 - The CRA directed staff to send a letter to the developer requesting a presentation during the June meeting, as well as, written documentation of the developer’s diligent and continuous prosecution of construction on the project and previously requested items from the CRA chairman’s letter dated December 17, 2019.
June 14, 2021 - The development team made a presentation to the CRA.
July 12, 2021 - The CRA authorized negotiation of a 4th Amendment to Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
October 11, 2021 - The CRA approved the 4th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
March 7, 2022 - The CRA approved the 5th Amendment to the Declarations of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
September 12, 2022 - The CRA authorized staff to negotiate a 6th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
October 10, 2022 - The CRA tabled action on the 6th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project until the next scheduled CRA meeting.
November 7, 2022 - The CRA approved a 6th Amendment to the Declaration of Conditions, Covenants and Restrictions for the Hawkshaw Redevelopment Project.
FUNDING:
N/A
FINANCIAL IMPACT:
Failure to meet the required final plan submittal deadline entitles the CRA to liquidated damages in the amount of $500 per day for each day elapsing after the June 30, 2023 deadline until the missed deadline is achieved, up to a total sum of $25,000. As of August 15, 2023, liquidated damages will be $15,500.
LEGAL REVIEW ONLY BY CITY ATTORNEY: Yes
8/4/2023
STAFF CONTACT:
David Forte, Deputy City Administrator
Sherry Morris, Development Services Director
Victoria D’Angelo, CRA Manager
ATTACHMENTS:
1) 6th Amendment to CCRs
2) Project Renderings - Presented Sept 12, 2022
3) Building Plans - Building A
4) Building Plans - Building B
5) Building Plans - Building C
6) Civil Plans
7) Plan Submittal Deviation Letter - 7/27/23
PRESENTATION: Yes end