APP2009-00001 - 1850 McMullen Booth Rd - Countryside Christian Church - April 21, 2009
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APP2009-00001
1850 MCMULLEN BOOTH RD
C UNTRYSIDE CHRISTIAN CHUR H
PLA NNER OF RECORD: MJJ
ATLft,S # 265A
ZON n.JCi: 0
LAN [) USE: RlOL
REC' EIVED: 03/23/2009
INCOMPLETE:
COTv[PLETE:
MAPS:
PHOTOS:
STAff REPORT:
DRC:
CDB'
CL W CoverSheet
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CDB Meeting Date:
Case Number:
Agenda Item:
Owner:
Appellant:
Agent:
Address:
April 21, 2009
APP2009-0000 1
G. l.
Countryside Christian Center
Pastor Glen Gannon
Michael 1. Gaylor, P.E., Gaylor Engineering
1850 McMullen Booth Road
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST:
CURRENT ZONING:
An appeal from a Level One (Flexible Standard Development) denial
decision pursuant to Community Development Code Section 4-50l.A.3,
that a requested basketball court within an existing grass off-street
parking area is inconsistent with the General Standards for Level One
Approvals as set forth in Community Development Code Section 3-
913.A.6; the standards for Off-Street Parking Spaces as set forth in
Community Development Code Sections 3-1404.B and C; and the
standards for Conformance to Uniform Traffic Control Devices as set
forth in Community Development Code Section 3-1410.A.
Institutional (I) and Office (0) Districts
CURRENT FUTURE LAND
USE CATEGORY:
PROPERTY USE:
Institutional (I) and Residential/Office Limited
Current Use: Place of Worship
Proposed Use: Place of Worship
BACKGROUND:
The 19.969-acre subject property is located on the west side of McMullen Booth Road, approximately 1,280
feet north of State Road 590. The property consists of an existing place of worship (Countryside
Christian Center) and its associated off-street parking.
On August 23,2005, a development order was issued approving a Flexible Standard Development (FLS)
application for the construction of a 22,659 square foot addition to the existing place of worship with a
reduction in the number of required off-street parking spaces from one space for every two seats to one
space for every three seats within the sanctuary, as per Community Development Code (CDe) Section 2-
1203.1. It was subsequently identified that this approval did not take into account that some of the
required off-street parking spaces were located on a parcel of land that was zoned Office (0) District,
which would technically require that the approving development order have included a referenced to an
additional Section of the CDC: 2-1003 .R. As the required public notice did not reference such, that
portion of the approving development order could have been considered to be invalid. Therefore, when
an amended building permit was being sought for site improvements associated with the construction of
the aforementioned addition, it was requested that the applicant submit a new application for specific
approval of the off-street parking spaces within the 0 District. Staff also directed the applicant to
include requests for two other issues that had more recently come to light: the installation of two 35 - foot
Community Development Board - April 21, 2009
APP2009-00001 - Page 1
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high light poles within the required off-street parking area; and the construction of a basketball court
within the required off-street parking area.
On February 2, 2009, an FLS application was submitted for the installation of 29 grass off-street parking
spaces, a basketball court within an existing grass off-street parking area, and an amendment to the
previously approved lighting plan to allow for the addition of two 35-foot high light poles within the I
District as per Community Development Code (CDC) Section 2-1203.1; and to allow 28 grass off-street
parking spaces within the 0 District with a reduction to the rear (west) setback from 20 feet to 10 feet (to
new grass parking) in association with the existing place of worship as per CDC Section 2-l003.R. It is
noted that the applicant later amended this request to no longer include the addition of the two 35-foot
high light poles. The light poles, which had previously been installed without the necessary permits,
were physically removed from the off-street parking area and the applicant has indicated that should the
church decide to consider a new lighting arrangement in the future, that plans would be submitted along
with the appropriate engineering report for review and permitting.
At its meeting of March 5, 2009, the Development Review Committee (DRC) reviewed the amended
application and found that the application was legally sufficient. The DRC also made a recommendation
to the Community Development Coordinator that the portion of the request pertaining to the installation
of new off-street parking within the I zoned property as well as the previously installed off-street parking
in the 0 zoned property be approved, while that portion of the application pertaining to the proposed
basketball court be denied. Subsequent to the DRC meeting the applicant met with the Community
Development Coordinator to discuss the issues. associated with the proposed basketball court and
submitted photographs of the basketball court, as it exists on the subject property.
On March 13, 2009, a development order was issued that approved, with conditions, the Flexible
Standard Development application for the installation of 29 grass off-street parking spaces within the
Institutional (I) zoned portion of the property and to allow 28 grass off-street parking spaces within the
Office (0) zoned portion of the property with a reduction to the rear (west) setback from 20 feet to 10
feet (to new grass parking) in association with the existing place of worship as per CDC Section 2-
1003 .R., based upon the following findings of fact and conclusions oflaw:
Findings of Fact:
1. That the 19.969 acre property is located on the west side of McMullen Booth Road approximately
1,280 feet north of the intersection of State Road 590 and McMullen Booth Road;
2. That the subject property is located within the Institutional (I) and Office (0) Zoning Districts and
the Institutional (I), and Residential/Office Limited (RiOL) Future Land Use Plan categories;
3. That the request to amend the previously approved lighting plan with the addition of two 35-foot
light poles was removed from the application through request by the applicant and removal of the
two 35-foot light poles from the property;
4. That the development proposal is compatible with the surrounding area with regard to the request for
29 grass off-street parking spaces within the Institutional (I) zoned portion of the property and 28 off-
street parking spaces and setback reduction within the Office (0) zoned portion of the property; and
5. That there are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law:
1. The setback proposal complies with the Place of Worship criteria under the provisions of CDC
Section 2-1003 .R;
2. The proposed basketball court does not comply with the noise General Applicability Criteria under
the provision ofCDC Section 3-9l3.A.6;
Community Development Board - April 21, 2009
APP2009-00001 - Page 2
.
3. The basketball court design does not comply with the off-street parking space striping standards of
CDC Section 3-1404.B;
4. The basketball court location in the center of a drive aisle and parking spaces does not comply with
the off-street parking space availability standards of CDC Section 3-1404.C; and
5. The basketball court design does not comply with the uniform traffic control devices standards of
CDC Section 3-1410.A.
As per the above conclusions, that portion of the original request pertaining to the installation of the
basketball court within the existing grass off-street parking area was denied.
An appeal from the above Level One (flexible standard development) decision was filed on behalf of the
property owner by Michael J. Gaylor, P.E., of Gaylor Engineering on March 23, 2009, consistent with
the timeframe established for an appeal to be initiated in CDC Section 4-502.A. Pursuant to CDC
Section 4-501.A.3, the Community Development Board (CDB) has the authority to hear appeals from
Level One (flexible standard development) decisions.
Pursuant to CDC Section 4-504.A, the CDB shall review the application, the recommendation of the
Community Development Coordinator, conduct a quasi-judicial public hearing on the application, and
render a decision in accordance with the provisions of CDC Section 4-206.D.5 granting the appeal,
granting the appeal subject to specified conditions, or denying the appeal.
It is noted that pursuant to CDC Section 4-504.B, in order to grant an appeal, overturning or modifying
the decision appealed from, the CDB shall find that based on substantial competent evidence presented
by the applicant or other party that each and every one of the following criteria are met:
1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this
development code; and
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code; and
3. The decision of the CDB will not be detrimental to the public health, safety and general welfare.
Prepared by Planning Department Staff~~
Robert G. Tefft, Development Review Manager
ATTACHMENTS:
o Development Order Issued on March 13, 2009
o Photographs of Site and Vicinity
S:\Planning Depar/mentlC D BlAppealslMcMullen Boo/h 1850 Countryside Christian (1 and 0) 2009.04 - MJlAppeal Staff Repor/ 2009 04-
21.doc
Community Development Board - April 21, 2009
APP2009-00001 - Page 3
Robert G. Tefft
100 South Myrtle Avenue
Clearwater, Florida 33756
(727) 562-4539
ro b ert. tefft(W,m V clearwater .co m
PROFESSIONAL EXPERIENCE
o Development Review Manager
City of Clearwater, Clearwater, Florida August 2008 to Present
Manage and supervise five planners and two Hmd resource specialists. Represent the department at
Community Development Board and City Council meetings, and the City at meetings of Pinellas
Planning Council and Countywide Planning Authority as well as other public bodies as needed.
o Planner III
City of Clearwater, Clearwater, Florida June 2005 to August 2008
Performed technical reviews and prepared of staff reports for various land development applications.
Organized data and its display in order to track information and provide status reports. Made
presentations to various City Boards and Committees.
o Planner II
City of Clearwater, Clearwater, Florida May 2005 to June 2005
Performed technical reviews and prepared of staff reports for various land development applications.
Organized data and its display in order to track information and provide status reports.
o Assistant Planner I Planner I Senior Planner
City of Delray Beach, Delray Beach, Florida October 1999 to May 2005
Performed technical reviews and prepared staff reports for land development applications such as,
but not limited to: site plans, conditional uses, rezonings, land use amendments, and text
amendments. Performed reviews of building permit applications. Organized data and its display in
order to track information and provide status reports. Made presentations to various City Boards.
Provided in-depth training to the Assistant Planner position with respect to essential job functions
and continuous guidance. Provided information on land use applications, ordinances, land
development regulations, codes, and related planning programs/services to other professionals and
the public.
EDUCATION
o Bachelor of Arts, Geography (Urban Studies), University of South Florida, 1999
LICENSES & CERTIFICATES
o American Planning Association
Community Development Board - April 21, 2009
FLD2008-04009 - Page 9
CITY OF CLEARWATER
POST OFFICE Box 4748, CLEARWATER, FLORJDA 33758-4748
MUNICIPAL SERVlCES BUILDING, 100 SOUTII MYRTLE AVENUE, CLEARWATER, FWRJDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
PL'\NNING DEPARTMENT
March 13,2009
Gaylor Engineering
21764 State Road 54
Lutz, FL 33549
RE: Development Order regarding case FLS2009-01002 at 1850 McMullen Booth Road
(Countryside Christian Center)
Dear Mr. Gaylor:
This letter constitutes a Development Order pursuant to Section 4-202.E of the Community
Development Code. On March 5, 2009 the Development Review Committee (DRC) reviewed your
application for Flexible Standard Development for the installation of 29 grass off-street parking spaces,
a basketball court within an existing grass off-street parking area, and an amendment to the previously
approved lighting plan to allow for the audition or two 35-root high light Doles as Der Communitv
........ _ -.... _ "-"......l. J
Development Code (CDe) Section 2-1203.1; and to allow 28 grass off-street parking spaces within the
Office (0) District with a reduction to the rear (west) setback from 20 feet to 10 feet (to new grass
parking) in association with the existing place of worship as per CDC Section 2-1003.H. The DRC
recommended approval of the applications with the following bases and conditions:
Findings of Fact:
1. That the 19.969 acre property is located on the west side of McMullen Booth Road approximately
1,280 feet north ofthe intersection of State Road 590 and McMullen Booth Road;
2. That the subject property is located within the Institutional (1) and Office (0) Zoning Districts and
the Institutional (I), and Residential/Office Limited (RiOL) Future Land Use Plan categories;
3. That the request to amend the previously approved lighting plan with the addition of two 35-foot
light poles was removed from the application through request by the applicant and removal of the
two 35-foot light poles from the property;
4. That the development proposal is compatible with the surrounding area with regard to the request
for 29 grass off-street parking spaces within the Institutional (1) zoned portion of the property and
28 off-street parking spaces and setback reduction within the Office (0) zoned portion of the
property; and
5. That there are no outstanding Code Enforcement issues associated with the subject property.
Conclusions of Law:
1. The setback proposal complies with the Place of Worship criteria under the provisions of CDC
Section 2-1003.H;
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Page 2
2. The proposed basketball court does not comply with the noise General Applicability Criteria under
the provision of CDC Section 3-913.A.6;
3. The basketball court design does not comply with the off-street parking space striping standards of
CDC Section 3-1404.B;
4. The basketball court location in the center of a drive aisle and parking spaces does not comply with
the off-street parking space availability standards of CDC Section 3-1404.C; and
5. The basketball court design does not comply with the uniform traffic control devices standards of
CDC Section 3-1410.A.
I concur with the above findings and, through this letter, approve your application for Flexible Standard
Development for the installation of 29 grass off-street parking spaces within the Institutional (I) zoned
portion of the property and to allow 28 grass off-street parking spaces within the Office (0) zoned
portion of the property with a reduction to the rear (west) setback from 20 feet to 10 feet (to new grass
parking) in association with the existing place of worship as per CDC Section 2-1003.R with the
following conditions.
Conditions of Approval:
1. That any future changes be reviewed and approved by the Planning Staff;
2. That the basketball court and goals be removed from the property; and
3. That the pavement associated with the basketball court area may remain as parking and drive aisle
use if the pavement is re-striped as per the provisions of CDC Sections 3-1404.B and 3-141 a.A.
Pursuant to CDC Section 4-502.A, an appeal of a Level One (flexible standard development)
application decision may be initiated by the applicant within seven days of the date the development
order is issued. The filing of an application/notice of appeal shall stay the effect of the decision
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March 23, 2009.
The issuance of this Development Order does not relieve you of the necessity to obtain building
permits or pay impact fees that may be required. In order to facilitate the issuance of any permit or
license affected by this approval, please bring a copy of this letter with you when applying for any
permits or licenses.
If you have any questions, please do not hesitate to contact Matthew Jackson, Planner II at 727-562-
4836 or via email atmatthew.jackson@myc1earwater.com.
Sincerely,
~~~~~~:I~
Planning Director
S:\P/anning DepartmentlC D BIF/ex Standard (FLS)\Pending Cases\2 - Reviewed and PendinglMcMullen Booth Road 1850 (1) 3-5-2009 DRC-
MJ\Development Order
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Existing basketball court as viewed from above.
Looking west across grass parking area and basketball court.
Single-family neighborhood in background.
Looking southwest across grass parking area and basketball
court with single-family neighborhood in background.
Looking west at existing basketball court.
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Looking west across grass parking area toward adjacent
single-family neighborhood.
Looking west across grass parking area and basketball court.
Single-family neighborhood in background.
1850 McMullen Booth Road
APP2009-00001