APP2009-00003 - 1850 McMullen Booth Rd - Countryside Christian Center - July 21, 2009
. .. I
APP2009-00003
1850 MCMULLEN BOOTH RD
COUNTRYSIDE CHRISTIAN CENT]~R,
PLANNER OF RECORD: NOT ENTERED
ATLAS # 265A
ZONING: 0
LAND USE: RlOL
RECEIVED: 06/16/2009
INCOMPLETE:
COMPLETE:
MAPS:
PHOTOS:
STAFF REPORT:
DRC:
CDB:
CL WCoverSheet
CDB Meeting Date:
Case Number:
Agenda Item:
Owner:
Appellant:
Agent:
Address:
July 21, 2009
APP2009-00003
F. 1.
Countryside Christian Center
Pastor Glen Gannon
Katherine E. Cole, Esquire
1850 McMullen Booth Road
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
CURRENT ZONING:
An appeal from a decision made by an administrative official in
the administration of the Community Development Code that a
revised parking plan submitted in response to action previously
taken by the Community Development Board (APP2009-00001)
does not comply with the provisions of the Code.
Institutional (1) and Office (0) Districts
REQUEST:
CURRENT FUTURE
LAND USE CATEGORY: Institutional (1) and Residential/Office Limited
PROPERTY USE:
Current Use: Place of Worship
Proposed Use: Place of Worship
BACKGROUND:
The 19. 969-acre subj ect 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 associated off-street parking.
On February 2, 2009, a Flexible Standard Development (FLS) application was submitted for,
among other items, the approval of a basketball court within an existing grass off-street parking
area. At its meeting of March 5,2009, the Development Review Committee (DRC) reviewed the
application and found that the application was legally sufficient; however the DRC also made a
recommendation to the Community Development Coordinator that the portion of the application
pertaining to the proposed basketball court be denied. On March 13, 2009, a development order
was issued that denied that portion of the FLS application pertaining to the installation of the
basketball court within the existing grass off-street parking area based upon the following
findings of fact and conclusions of law:
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;
Community Development Board - July 21, 2009
APP2009-00003 - Page 1
2. That the subject property is located within the Institutional (I) and Office (0) Zoning
Districts and the Institutional (I), and Residential/Office Limited (RlOL) 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 2-1 003.H;
2. The proposed basketball court does not comply with the noise General Applicability Criteria
under the provision ofCDC Section 3-913.A.6;
3. The basketball court design does not comply with the off-street parking space striping
standards ofCDC 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 ofCDC Section 3-1410.A.
An appeal from the above decision was filed on March 23, 2009, and at its meeting of May 19,
2009, the Community Development Board (CDB) upheld the denial based upon the conclusion
of law that 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 Community Development
Code (CDC) Section 3-1404.C, which states that "all required parking spaces, including
appropriate access thereto, shall remain unobstructed and available for use in accordance with
their purpose".
A revised site plan was submitted on June 4, 2009, in an effort to address this remammg
conclusion of law and obtain an approval for the basketball court. The site plan proposed the
elimination of the six off-street parking spaces immediately adjacent the basketball court and to
replace them elsewhere on-site. This revised site plan was denied by the Planning Director on
June 8, 2009, on the basis that it still does not result in compliance with CDC Section 3-1404.C.
This decision was based upon the knowledge that while adjacent off-street parking spaces were
relocated elsewhere on-site, access across the drive aisle and access to the remaining off-street
parking spaces via said drive aisle would still be obstructed by the proposed basketball court,
which is in direct conflict with the requirement of CDC Section 3-1404.C and the findings made
by the CDB at its meeting of May 19,2009.
An appeal from the above decision was filed on behalf of the property owner by Katherine E.
Cole, Esquire, of Johnson, Pope, Bokor, Ruppel & Bums, LLP on June 12,2009, consistent with
Community Development Board - July 21, 2009
APP2009-00003 - Page 2
the timeframe established for an appeal to be initiated in CDC Section 4-502.B. Pursuant to
CDC Section 4-501.A.2, the CDB has the authority to hear appeals from decisions made by an
administrative official in the administration of this development code.
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 everyone of the following
criteria are met:
1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this
development code; and
2. The decision of the CDB will be in harmony with the general intent and purpose of this
development 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: ~
Mich , ing Di . tor
ATTACHMENTS:
o Photographs of Site and Vicinity
S.IPlanning DepartmentlC D BIAppealslMcMu//en Booth J 850 Countryside Christian (1 and 0) 2009.07 - MDlAppeal Staff Report 2009 07-
21.docx
Community Development Board - July 21, 2009
APP2009-00003 - Page 3
Resume
Michael L. Delk, AICP
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4561
mich ael.delk(a),myclearwater .co m
PROFESSIONAL EXPERIENCE
o Planning Director
City of Clearwater
February 2005 to Present
o Community Development Director
City of Temple Terrace
1994 to 2005
o Planning Technician, Planner, Assistant Planner, Acting Community Development Director
City of Casselberry, FL 1985 to 1994
Over 20 years of experience as a practIcmg planner. Over ten years in a management position.
Management responsibility for Planning and Development, Building, Permitting, Code Enforcement,
Minimum Housing Code, Housing Rehabilitation Program, and Geographic Information System.
Experience in current planning, long range planning.
EDUCATION
Master of Public Administration, University of Central Florida, 1992
Bachelor of Science, Urban and Regional Planning, Missouri State University (Former Southwest Mo.
State Univ.), 1984
Pi Alpha Alpha - National Honor Society for Public Affairs and Administration
LICENSES/CERTIFICATES/MEMBERSHIPS
AICP (American Institute of Certified Planners)
American Planning Association
Urban Land Institute
Congress of New Urbanism
AP A City Planning and Management Division
AP A Economic Development Division
AP A New Urbanism Division
JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP
ATTORNEYS AND COUNSELLORS AT LAW
E.D.ARMSTRONG III
BRUCE H BOKOR
CHARLES A. BUFORD
GUY M. BURNS
KATHERINE E. COLE
JONATHAN S. COLEMAN
MICHAEL TCRONIN
ELIZABETH 1. DANIELS
COLLEEN M FL YNN
JOSEPH W. GA YNOR'
RYAN CGRIFFIN
MARION HALE
REBECCA L. HEIST
SCOTTe. ILGENFRITZ
FRANK R. JAKES
TIMOTHY A JOHNSON, JR.'
SHARON E. KRICK
ROGER A LARSON
ANGELINA E. LIM
MICHAEL G. LITTLE
MICHAEL e. MARKHAM
ZACHARY D. MESSA
F. WALLACE POPE,JR
ROBERT V POTTER, JR
JENNIFER A. REH
DARRYL R. RICHARDS
PETER A. RIVELUNI
DENNIS G. RUPPEL
CHARLES A SAMARKOS
SARA A. SCHIFINO
SCOTTE. SCHIL TZ'
KIMBERL Y L. SHARPE
JOAN M. VECCHIOU
STEVEN H. WEINBERGER
JOSEPH 1. WEISSMAN
STEVEN A. WILLIAMSON
'OF COUNSEL
911 CHESTNUT S1. 0 CLEARWATER, FLORIDA 33756
POST OFFICE BOX 1368'0 CLEARWATER, FLORIDA 33757.1368
TELEPHONE: (727) 461.1818 0 TELECOPIER: (727) 462.0365
June 12, 2009
Michael Delk, Director
City of Clearwater Planning Department
100 S, Myrtle Ave.
Clearwater, FL 33756
Dear ~rySide Christian Center, Inc., FLS 2009-01002
The Countryside Christian Center has submitted to the City, in conjunction with
its Certificate of Occupancy application, an updated parking plan. This parking plan
includes the basketball court located in one parking area, however the spaces
impacted by the court are no longer indicated as available for parking. The submitted
plan still meets the minimum required parking spaces as previously approved by the
City.
I respectfully request that the Community Development Board review your
decision not to approve the amended site plan as submitted.
Jf;;1
Katherine E. Cole, Esq.
Cc: Pastor Glen Gammon, Countryside Christian Center
Mike Gaylor, Gaylor Engineering
#492440 v1 - Countryside CC/appeal app.
CLEARWATER
.
TAMPA
Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
:::_~~-::::;
'~,_/'-".:.:/,~_r',/-............i'----""_./
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
o SUBMIT APPLICATION FEE $
APPEAL APPLICATION
Level One and Level Two Reviews (Revised 03!29!0 I)
~PLEASE TYPE OR PRINT ~
APPLICATION/NOTICE OF APPEAL (Code Section 4-502.A & B)
An appeal of a level one approval (flexible standard) may be initiated by a property owner abutting the property which is the subject of the approval
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
pending the final determination of the case.
An application! notice of appeal of appeal of any decision of the city, as provided in Section 4-501, may be initiated by the applicant or any person
granted party status within 14 days of the decision. Such application shall be filed with the city clerk in a form specified by the community
development coordinator identifying with specificity the basis for the appeal and accompanied by a fee as required by Section 4-202.E. The filing
of an application! notice of appeal shall stay the effect of the decision pending the final determination of the case.
A. APPELLANT AND AGENT INFORMATION:
Countryside Christian Center, Inc.
(Pastor Glen Garru:ron)
APPELLANT NAME:
MAILING ADDRESS:
1850 McMullen Booth Road, Clearwater, FL 33759
PHONE NUMBER:
(727)799-1618 Ext. 825 FAXNUMBER: (727)791-7573
Katherine E. Cole, Esquire
Johnson, Pope, Bokor, Ruppel & BULll::;, LLP
P. O. Box 1368, Clearwater, FL 33757-1368
AGENT NAME:
MAILING ADDRESS:
PHONE NUMBER:
(7?7) 4fil-1R1R
FAX NUMBER:
(727)462-0365
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL:
Appeals to the Communitv Development Board
o Orders, requirements, decisions or determinations made by
an administrative official in the administration of the
V development code, except for enforcement actions.
A Administrative interpretations of the development code
o Level One (Flexible and Minimum Standard) approval
decisions
o Denials of any permit or license issued under the provisions
of this Code
Appeals to a hearinq officer
o Decisions of the community development board regarding
level two approvals
o Decisions of the community development board regarding
level one approvals
o OTHER (as allowed by Code)
ADDRESS OF SUBJECT APPEAL (if applicable):
1850 McMullen Booth Road
SPECIFIC CASE NUMBER TO BE APPEALED (if applicable):
Administrative interpretation of D.O.
conditions of FLS2009-0l002
DATE OF DECISION: 6/08/09
Page 1 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
c. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
S2e Exhibit "A" attached to this application.
D. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this 12th day of
June . A.D. 20~ to me and/or by
Katheri np F.. rn 1 P.. who is personally known)l5l!(s
~ Xs
~
~~~
Signature of property owner or representative
Katherine E. Cole, Esqwxe
~~~
My commission expires:
t:7
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~
I\MS2\PDS\PJanning DepartmentlApplication FonnsldeveJopment reviewlAppeal Application. doc
,,~';L'f.*, Jayne E. Sears
g!(~ ."~ Commission # 00449633
~j'.~.~ Expires September 2, 2009
:!;st ~~ Bond9d Troy Fein .lnf,urMlIt., Iftllt, lSOO4I~10"
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
CITY OF CLEARWATER
AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
MUNIC1PAL SERVICES BUILDlNG, 100 SOUTH MYRTLE AVENUE, 2"d FLOOR
PHONE (727)-562-4567 FAX (727) 562-4576
Countryside Christian Center, Ine.
(Name of all property owners)
1, That (I am/we are) the owner(s) and record title holder(s) of the following described property:
1850 McMullen Booth Road
(Address or General Location)
2. That this property constitutes the property for which a request for a:
Administrative Appeal - lev~l one approval
(Nature of request)
3. That the undersigned (has/have) appointed and (does/do) appoint ~:
Katherine E. Cole, Esq., Johnson Pope Bokor Ruppel & Burns, LLP
as (hisltheir) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act
on the above described property;
5. That (lIwe), the undersigned authority, hereby ce
eV
STATE OF FLORIDA,
COUNTY OF PINELLAS /
- ct
~ore me the undersigned, an officer duly commissioned by the la~ of the State of Florida, on this / / - . day of
'-.,..U,/1\ {? ,2..Q{;l[, personally appeared KeN ~A .R..Sn AJ who having been first dvllt\sworn
deposes and says that he/~W$.:gme~!lt'PIt!l'!1fo~,affidavi~at/he/she signed. // )
I. -1 c::= I. ~1 /0~
\~- Notary PUbrC
My Commission Expires: :: "",,~:.,~'i' Florida NolIIyAan..1nc ::
ns........................................-.. \.
s: application formsldevelopment reviewlAffidavitto Authorize Agent
EXHIBIT "A"
TO APPEAL APPLICATION
(1850 McMullen Booth Road/FLS2009-01002)
C. Basis of Appeal
Request
Pursuant to the Conclusions of Law set forth in the Development Order ("D.O."), dated
March 13, 2009, as modified by the COB on April 21, 2009, the applicant and property
owner, Countryside Christian Center, Inc., submitted a revised parking plan to the
Community Development Director on June 8, 2009. The applicant is filing this appeal
application to challenge the Community Development Director's interpretation that the
revised parking plan does not comply with the intent of the D.O.
History
On March 13, 2009, the City issued a development order (Level 1 approval) approving
the applicant's installation of 29 grass off-street parking spaces within the Institutional
zoned portion of the property and the installation of 28 grass off-street parking spaces
within the Office 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, and setting forth three conditions of approval, one of which was that
any future changes be reviewed and approved by Planning Staff.
On April 21, 2009, the Community Development Board reviewed an appeal of the
Level 1 approval as to the administrative denial of a basketball court within an existing
off-street parking area; specifically, the COB reviewed four of the conclusions in the DO.
The COB granted the appeal as to three of the conclusions.
On June 8, 2009, in conjunction with the review of its certificate of occupancy
application, the applicant submitted a revised parking plan which includes the basketball
court within the off-street parking area but addresses the final conclusion in the D.O.
(that the plan does not comply with the parking space and drive aisle availability
standard of Sec. 3-1404.C of the Community Development Code). The Community
Development Director, however, has determined that the location of the basketball court
on the revised plan is not acceptable.
Criteria
. The City has incorrectly applied the off-street parking requirements to the area on
which the basketball court is located. This is an area which is part of non-
required, "excess" parking area. Furthermore, access to the drive aisle is not
limited because no one will play basketball while the parking lot is in use and the
applicant will restrict parking on the court.
· The existence of the basketball court on the Countryside Christian property for
the use by the church and school, where parking requirements have been met, is
in harmony with the general intent and purpose of the development code.
· The applicant has taken the appropriate steps to mitigate the impact of the
basketball court to neighbors, with regard to noise and lighting, such as to not be
detrimental to the health, safety and general welfare of the public.
#492655 v1 - CountrysideChristianCenter
2
;'. Clear\1ratef
j' ~~~~;:~':~?:-~~~~~~
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4576
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
SUBMIT APPLICATION FEE $
!;;:z~~
SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
APPEAL APPLICATION
Level One and Level Two Reviews (Revised 03/29/01)
~PLEASE TYPE OR PRINT ~
APPLICATION/NOTICE OF APPEAL (Code Section 4-502.A & B)
An appeal of a level one approval (flexible standard) may be initiated by a property owner abutting the property which is the subject of the approval
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
pending the final determination of the case.
An application! notice of appeal of appeal of any decision of the city, as provided in Section 4-501, may be initiated by the applicant or any person
granted party status within 14 days of the decision. Such application shall be filed with the city clerk in a form specified by the community
development coordinator identifying with specificity the basis for the appeal and accompanied by a fee as required by Section 4-202.E. The filing
of an application! notice of appeal shall stay the effect of the decision pending the final determination of the case.
A. APPELLANT AND AGENT INFORMATION:
APPELLANT NAME: Pastor Glen Gammon, Countryside Christian Center
MAILING ADDRESS: 1850 McMullen Booth Road, Clearwater, FL 33759
PHONE NUMBER: 727-799-1618 ext. 825
FAX NUMBER: 727-791-7573
AGENT NAME: Michael J. Gaylor, P.E. - Gaylor Enqineerinq
MAILING ADDRESS: 21764 S.R. 54, Lutz, FL 33549
PHONE NUMBER: 813-949-55'99
FAX NUMBER: 813-949-0818
B. APPEAL INFORMATION
CHECK THE SPECIFIC APPEAL:
Appeals to the Community Development Board
9 Orders, requirements, decisions or determinations made by
an administrative official in the administration of the
development code, except for enforcement actions.
9 Administrative interpretations of the development code
9 Level One (Flexible and Minimum Standard) approval
decisions
9 Denials of any pennit or license issued under the provisions
of this Code
Appeals jQ J1 hearinq officer
9 Decisions of the community development board regarding
level two approvals
9 Decisions of the community development board regarding
level one approvals
9 OTHER (as allowed by Code)
ADDRESS OF SUBJECT APPEAL (if applicable): 1850 McMullen Booth Road
SPECIFIC CASE NUMBER TO BE APPEALED (if applicable): FLS 2009-01002
DATE OF DECISION: March 13, 2009
Page 1 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
C. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets ,f necessary.
Part of the referenced case regarding Countryside Christian Center is for a proposed basketball court to be located
on an existing grassed parking area 'fiith paved driveways. The court has actually been constructed and the Church
is working with the City to gain site plan approval. The court is built in an existing parking lot but serves a school
during the week at which point in time the parking spaces are not utilized. Pictures had been provided and
justification given to the Development Review Committee but the court has been rejected. During meetings with DRC
as well as staff, it was determined that there are no codes that deal with dual purpose property. The code is, therefore,
silent as to accepting or prohibiting such dual use as is proposed with this basketball court. The code section citations
listed as reasons for denial speaks specifically to parking spaces and drive isles and do not address the dual purpose
use. The reference to noise is a generic out of the code and there are no standards with which to measure a
basketball court function.
It is a contention of the Church that the basketball court is totally separate from the parking spaces in that it is
utilized during the week at which point in time the spaces are not needed by the Church. The court is located in the
optimum position to be managed by the school at the Church and is a significant distance from any neighboring homes.
The court is utilized during Church services for parking and has been for the past two years. Spaces can be and are
being utilized, therefore, as dual purpose. Since the code does not discuss dual purpose uses, the Church feels that
the basketball court should be aliowed to remain as it creates no safety hazards and does comply with other standards
of City code.
D. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge.
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this
A.D. 20_ to
who is personally
produced
identification.
_ day of
me and/or by
known has
as
--
Signature of property owner or representative
Notary public,
Mt commission expires:
I\MS2IPDSIPlanning DepartmenMpplication FonmsldeveJopment reviewlAppeaJ Application.doc
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
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LOCATION
Owner: Countryside Christian Center, Inc.
Case: APP2009-00003
Site: 1850 McMullen Booth Road
Property Size: 19.96 acres
PIN: 04/29/16/00000/320/0500
04/29/16/00000/330/0300
Atlas Page: 265A
AERIAL
Owner: Countryside Christian Center, Inc.
Case:
APP2009-00003
Site: 1850 McMullen Booth Road
Property Size:
19.96 acres
PIN: 04/29/16/00000/320/0500
04/29/16/00000/330/0300
Atlas Page:
265A
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ZONING
Owner: Countryside Christian Center, Inc.
Case: APP2009-00003
Site: 1850 McMullen Booth Road
Property Size: 19.96 acres
PIN: 04/29/16/00000/320/0500
04/29/16/00000/330/0300
AflasPage: 265A
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EXISTING SURROUNDING USES
Owner: Countryside Christian Center, Inc.
Case: APP2009-00003
Site: 1850 McMullen Booth Road
Property Size: 19.96 acres
PIN: 04/29/16/00000/320/0500
04/29/16/00000/330/0300
Atlas Page: 265A
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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.
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Looking west across grass parking area and basketball court.
Single-family neighborhood in background.
1850 McMullen Booth Road
APP2009-00003