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03/12/2008 MARINE ADVISORY BOARD MEETING MINUTES CITY OF CLEARWATER March 12, 2008 Present: Paul J. Kelley Chair F. David Hemerick Board Member Mark A. Smith Board Member Donald O. McFarland Board Member Edward O’Brien, Jr. Board Member Tom Calhoun Board Member Absent: Tim Trager Board Member Also Present: Bill Morris Marine & Aviation Director Camilo Soto Assistant City Attorney –arrived 8:06 a.m. Brenda Moses Board Reporter The Chair called the meeting to order at 8:00 a.m. at the Marina. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 2 – Minutes Approval – February 13, 2008 Member O’Brien moved to approve the minutes of the Marine Advisory Board meeting of motion February 13, 2008, as submitted in written summation to each board member. The was carried duly seconded and unanimously. 3 – New Business East Shore Resort proposed dock Marine & Aviation Director Bill Morris said Billy Day, a property owner on East Shore Drive, is proposing new docks to replace the existing docks on the property. He said he had requested that Mr. Day provide drawings to the board depicting the location of required 25% width of the waterway for the project, including a line depicting the limitations for the existing docks. He said the application requires review by the DRC (Development Review Committee), and the CDB (Community Development Board). It was remarked that the line that Deuel & Associates drew on the schematics to depict the existing docks should be renamed, as it appears to be an official demarcation line in the waterway. Al Carrier, Deuel & Associates, reviewed the schematics of the proposed project. He stated he met with the DRC and Planning Staff, including the Planning Manager, who indicated that the proposal meets the intent of Beach by Design and complies with the City ordinance. He said although staff indicated their general support of the project during the meeting, they requested the applicant obtain the MAB’s (Marine Advisory Board) support prior to moving forward with the application process. In response to questions, Mr. Carrier said the total length of the proposed project is approximately 248 feet and the width meets the requirements in the Community Development Code. He said the project must meet a 30% required setback from the north property line and a 10% setback from the south property line. Mr. Morris said a commercial dock’s length is generally 75% of the width of the waterfront. Mr. Carrier said the Marine Advisory 2008-03-12 1 project is considered a marina. However, the project consists of single boat slips with boat lifts, except for four wet slips on the easternmost portion of the project, for use by private individuals. He said there are existing docks along the seawall. The project protects seagrasses by extending the docks farther into the waterway. Concern was expressed that the 18.5-foot wide slips are for mega-boats, that boat slips of this size may encroach on adjacent properties, that adjacent property owners may want to develop commercial docks if this project is approved, and that public interest and navigational access needs to be protected. Mr. Day said some of the existing docks cannot be used at low tide. He said the submerged lands he owns extend into the waterway 456 feet from shore. Mr. Day said there is sufficient space for larger boats to navigate to and from the proposed docks, that he does not want to increase the number of slips or reduce their size, that he prefers nicer boats to be docked in this area, and that he has no intention of selling the docks. He briefly reviewed the uses on the surrounding properties he owns. He said the adjacent property owners support the project. Mr. Carrier stated that Mr. Day’s project includes areas for fishing and sufficient on-site parking with 14 additional parking spaces across the street. Discussion ensued regarding ownership of adjacent properties and their potential future development. Member O’Brien moved to approve the proposed project. The motion was duly seconded. Discussion ensued. A remark was made that a recommendation regarding the project be postponed until board members have the opportunity to visit the property. In response to a question, Mr. Day said that boats no larger than 40 feet would use the slips. He said he plans to request boat lifts for all slips to avoid potential permitting problems in the future. Discussion ensued regarding potential conflicts for residential properties in areas zoned Commercial, and the uses in a Commercial zoning district. It was remarked that this project does not appear to affect navigation in the area, that the property is unique in that the property owner owns the submerged lands, that the property owner has adequate parking although the property is encumbered somewhat by width, and that adjacent land uses would not be adversely affected by this project. It was remarked that Mr. Day has indicated adjacent property owners support the project. A concern was expressed that as the City has no comprehensive dock ordinance, that this project sets a precedence for the southernmost property owner’s potential use of his property. Mr. Day said there is no other location in the City that is sufficient to accommodate the type of boats he prefers on this property. Upon the vote being taken, Members Hemerick, McFarland, O’Brien, Calhoun, and Chair Kelley voted “Aye”; Member Smith voted “Nay”. Motion carried. Mr. Carrier stated approximately six to eight months ago, the City’s Planning Manager attempted to work with property owners from Baymont Avenue to the Roundabout to implement an NCOD (Neighborhood Conservation Overlay District) to ensure the area is cohesive. He suggested the MAB could be the catalyst to revive the effort. 4 – Old Business Dock Ordinances Mr. Morris stated the MAB had recommended in previous meetings that the City Council direct someone to rewrite the existing dock ordinance to be more comprehensive. In response to a question, Mr. Morris said after receiving the MAB’s recommendation for a comprehensive Marine Advisory 2008-03-12 2 dock ordinance, Council requested that Mr. Morris obtain specific changes from the MAB regarding their recommendation. Mr. Morris said he had asked a former MAB member’s viewpoint on dock limitations. The former member suggested to Mr. Morris that when concerns arise regarding proposed dock applications, that dock lengths conform to the setbacks required by Code and that dock applications be reviewed on their own merits and according to their location in the waterway. Discussion ensued with comments: 1) Unless Council directs the MAB to proceed with a dock ordinance rewrite, the MAB’s efforts and recommendations may not be considered; 2) That as the MAB is an advisory board, not a quasi-judicial board as is the CDB (Community Development Board), it is the Council’s choice whether or not to consider the MAB’s opinions and recommendations; 3) That Council and staff do ask for the MAB’s input; 4) That the most powerful person in the planning process with respect to waterway issues is the Harbormaster; 5) That the processes in place are being followed and that Clearwater has more review levels than do most municipalities; 6) That stacking of properties needs to be considered during the dock application process; 7) That although this project does not impact navigation or public rights-of- way, all projects need to be carefully considered to find a compromise that works well for everyone; 8) That dock applications should be reviewed on an individual basis, as Section 3- 601 of the Community Development Code is subjective; 9) That applications that come before the MAB need to be carefully considered prior to the board making recommendations without visiting the project area and having all pertinent information; 10) That projects must adhere to Code; and 11) That MAB minutes or a transcript of the meetings should be available to CDB members prior to CDB meetings, as at the last CDB meeting, Mr. Morris did not exactly describe how the MAB voted. It was remarked that if a new dock ordinance prevents commercial revitalization of the waterfront, the result would be vacant, decaying properties. It was questioned if the dock ordinance should be rewritten, as it could have a shelf life due to the limited amount of developable waterfront property left in the City. Discussion ensued regarding opportunities for docks on Sand Key. It was remarked that seagrasses and water depths on Sand Key prohibit the construction of docks. Yacht Basin Project Mr. Morris said at their first meeting in April, Council will consider an ordinance to restrict overnight dockage at public docks. The ordinance would only allow dockage between 8:00 a.m. and 10:00 p.m. Security patrols would ticket boaters that violate the ordinance. Mr. Morris said he anticipates construction of the Yacht Basin Project to start in June. Advisory Board Appreciation Dinner The Chair requested that board members RSVP to the Clerk’s Office no later than today if they plan to attend this year’s Advisory Board Appreciation Dinner. Fuel Prices at Marina Mr. Morris said by 2010, only ultra low diesel fuel will be available for use at the Marina. Currently, the Marina provides boaters with low sulfur diesel fuel, which is not cost effective, as it reportedly can only be reliably obtained from Port Everglades by the Marina’s current vendor. He is working to lower the cost of the fuel provided at the Marina by negotiating with the current fuel vendor and talking to other local vendors. Mr. Morris said commercial boaters already receive a fuel discount. Marina tenants would be notified of any fuel changes. In response to a Marine Advisory 2008-03-12 3 .- , '. question, he said over half of the people that call the Marina ask if Valvtec fuel is available. He said the Marina benefits from marketing done by Valvtec and Boat US. In response to a question, Mr. Morris said efforts to more proactively advertise the Marina include attending more boat shows and providing a link to the Marina's web page on the City's web site. He said many Boat US members traverse a corridor from Mobile Bay to Clearwater. Hopes are that Clearwater can partner with some marinas in Mobile, Alabama to advertise all the marinas along the route. In response to a question, Mr. Morris estimated that construction on the Memorial Causeway pedestrian bridge adjacent to the Marina would be completed within the next 60 to 90 days. The Marina parking lot will lose a few spaces in the easternmost corner of the parking lot upon completion of the roadway project. Sailing Center In response to a question, Mr. Morris said the lowest bid for Sailing Center renovations is $269,000. Renovations do not include heating or air conditioning. The Council will review the proposal at their March 20,2008 meeting. The Sailing Center hopes to partner with Brighthouse Networks for advertising. Beach Ramp Mr. Morris said the beach ramp that had previously been damaged is not slated for repairs in the near future due to budget constraints. He said a private property owner has offered to purchase a parcel of land next to the beach ramp from Progress Energy. He would build boat slips and repair the damaged beach ramp. Mr. Morris said the City had tried several times to purchase the parcel from Progress Energy to no avail. 5 - Aoenda for next meetino on April 9, 2008 6 - Adiournment The meeting adjourned at 9: 18 a.m. ~ Chair,.. arine Advisory Board Marine Advisory 2008-03-12 4