APP2011-00004; ASHLEY FURNITURE; TODD PRESSMANAPP2011-00004
Planner: Ellen Crandall
CDB Meeting Date: June 21, 2011
Case Number: APP2011-00004
Agenda Item: E. 1.
Appellant: Ashley Furniture
Agent: Todd Pressman
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
GENERAL INFORMATION:
REQUEST: An appeal of an administrative interpretation of Section 3-1806.B.1.h.,
Community Development Code, with regard to from where the 14-foot
measurement of a freestanding sign at an elevated intersection is to be
measured.
BACKGROUND:
A Comprehensive Sign Program application for Ashley Furniture (24244 US Highway 19 N.)
was submitted on February 11, 2011. Comments and responses with revised plans were
exchanged between Planning and Development Department staff (Staff) and the applicant and a
Development Order was prepared. However, at a meeting between Staff, the property owner,
and the owner representative, Todd Pressman, to discuss the Comprehensive Sign Program
application on Wednesday, May 4, 2011, Mr. Pressman requested that the height of the elevated
sign be measured from the guardrails rather than the crown of the road. At the meeting several of
the signs in the Comprehensive Sign Program were discussed, however conclusions were not
given at the end of the meeting. Subsequently, Staff met with the Department Director, Michael
Delk, to discuss Mr. Pressman's requested interpretation as presented at the meeting.
On May 6, 2011, an email was sent by Ellen Crandall to Mr. Pressman informing -him of
decisions made regarding the requested signs for the Comprehensive Sign Program. On a return
email Mr. Pressman asked if he should follow up with the Engineering Department in regard to; .
his interpretation of from where the height of freestanding signs at. elevated intersections should
be measured. In response, an email was sent by Mrs. Crandall which stated that the height of a
freestanding sign on an elevated roadway is measured from the crown. of the road and not.from
any other feature. A copy of the entire email conversation is attached to this staff report.
ANALYSIS:
A formal request for an interpretation of the Code was not. submitted, and the appeal is based
upon the email conversation from May 6th to May 9th, 2011. This appeal is not associated with
the Comprehensive Sign Program application submitted for Ashley Furniture, nor any specific
property or parcel of land.
Section 3-1806.B.1.h., Community Development Code (CDC), is applicable to this case as
follows:
3-1806.B.1.h. Freestanding signs at elevated intersections. Sites which front on an
elevated roadway (including US 19 and McMullen Booth Road) having
limited visibility are permitted one freestanding sign to a maximum of 14
feet in height above the crown of the road, as measured at the highest
point of the roadway within the property lines that are perpendicular and
adjacent to the elevated roadway excluding any service or frontage roads.
The point of disagreement between the appellant's agent and Staff is regarding from where the
14-foot measurement of a freestanding sign at an elevated intersection is to be measured. Staff
has measured the additional 14 feet from the crown of the road as shown in FDOT cross section
drawings while the appellant proposed to measure the 14 feet from the guardrail. The Code
specifically states that signs may be "a maximum of 14 feet in height above the crown of the
road, as measured at the highest point of the roadway within the property lines ....". Please see
Exhibit A for an example of a cross section of an elevated section of roadway. Roadway is not
defined in the Community Development Code; however Code Section 8-102.N states that any
words and terms not defined herein shall have the meaning indicated by common dictionary
definition. Merriam Webster defines roadway as the strip of land over which a road passes. The
Cambridge Dictionary defines roadway as the part of the road on which vehicles drive. Crown is
defined as "the highest part." Based on the clear Code provisions, the FDOT drawing and the
common dictionary meaning of roadway and crown, Staff appropriately construed the provisions
of the Code.
It is noted that Staff has approved numerous signs at elevated intersections in a manner consistent
with Staff's interpretation of the Code; all without any question as to from where the additional
14 feet of height was to be measured. These include CSP2010-07002 approved for Wal-Mart at
23106 US Highway 19, CSP2009-000014 approved for Lueken's Liquor at 23055 US Highway
19, CSP2004-12009 approved for Sam's Club at 2575 Gulf to Bay, CSP2008-04013 approved
for Harbor Square at 24139 US Highway 19, and CSP2006-07008 approved for LA Fitness at US
Highway 19.
APPEAL PROCESS:
An appeal from the above interpretation decision was filed on by Todd Pressman on May 10,
2011, consistent with the timeframe established for an appeal to be initiated in Section 4-502.B.,
CDC. Pursuant to Section 4-501.A.1., CDC, the Community Development Board (CDB) has the
authority to hear appeals from administrative interpretations
Pursuant to Section 4-504.A., CDC, 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 Section 4-206.D.5., CDC,
granting the appeal, granting the appeal subject to specified conditions, or denying the appeal.
It is noted that pursuant to Section 4-504.B., CDC, 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:
I
2
3.
The decision appealed from misconstrued or incorrectly interpreted the provisions of this
development code; and
The decision of the CDB will be in harmony with the general intent and purpose of this
development code; and
The decision of the CDB will not be detrimental to the public health, safety and general
welfare.
Prepared by Planning and Development Department Staff
Eel-?Q-
Ellen Crandall, Planner II
ATTACHMENTS:
Exhibit A
Resume
Exhibit "A"
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Ellen Crandall
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4836
elien.crandall(amyclearwater.com
PROFESSIONAL EXPERIENCE
¦ Planner II
City of Clearwater, Clearwater, Florida May 2010 to Present
Duties include performing the technical review and preparation of staff reports for various land
development applications, the organization of data and its display in order to track information and
provide status reports.
Planner I
City of Clearwater, Clearwater, Florida December 2009 to May 2010
Assist public customers at the Zoning Counter. Review Building Permits, Sign Permits, Business Tax
Receipts, and Landscape Plans as well as Comprehensive Sign Program Applications, and Flexible
Standard Developments. Regulate growth and development of the City in accordance with land
resource ordinances and regulations related to community development. Interdepartmental and
zoning assistance. Respond as a City representative to citizens, City officials, and businesses
concerning ordinances and regulations. Make recommendations and presentations at staff level at
various review committees, boards, and meetings.
¦ Community Planner
Bradford County, Towanda, Pennsylvania January 2008 to May 2009
Coordinates with the 51 municipalities in Bradford County and assisted them in writing
Comprehensive Plans, developing ordinances, and general public and municipal education on zoning,
land use, and ordinances. I developed a comprehensive Zoning Lexicon that included zoning maps,
districts and definitions for all municipalities with zoning ordinances. Assisted in the County Parks
Plan and in developing a comprehensive Park's book listing all the parks in Bradford County. I
assisted mapping the natural gas wells as well as printing maps and parcel- data for the gas companies:'
¦ Intern
Pennsylvania Geologic Survey, Middletown, Pennsylvania May 2006 to September 2006
Scanned geologic maps, updated documents and assisted in general office tasks.
EDUCATION
Bachelor of Science, - Major: Geography, - Minor: Art, - Certificate: Geographic Information System
SHIPPENSBURG UNIVERSITY, Shippensburg, Pennsylvania
ISA, International Society of Arboriculture, Certified Arborist
LEED Green Associate, Currently pursuing
<i
a
Planning Department
100 South Myrtle Avenue
4567
r Clearwater, Florida -33756
Cl j a Telephone: 727-562-4567
Fax: 727-562-4576
? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION
? SUBMIT APPLICATION FEE $
APPEAL APPLICATION - '-
Level One and Level Two Reviews (Revised 03/29/01)
~r1.I;t131; 1 I rD kim rm11V 1 ~
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
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:
Ashley Furniture
APPELLANT NAME:
MAILING ADDRESS: Please use agent
PHONE NUMBER: Please use agent FAX NUMBER: Please use agent
AGENT NAME: Todd Pressman, President, Pressman & Assoc., Inc.
MAILING ADDRESS: P.O. Box 6015, Palm Harbor, Florida 34677
PHONE NUMBER:
727-804-1760
FAX NUMBER:
1-888-977-1179
B. APPEAL INFORMATION
CHECK THE SPEC IC APPEAL:
Anneals to the Com Development Board
? Orders, requirements, decisions or determinations made by
an administrative official in the administration of the
?^ development code, except for enforcement actions.
"Ll Administrative interpretations of the development code
? Level One (Flexible and Minimum Standard) approval
decisions
? Denials of any permit or license issued under the provisions
of this Code
ADDRESS OF SUBJECT APPEAL (if applicable):
Appeals to a hearing officer
? Decisions of the community development board regarding
level two approvals
? Decisions of the community development board regarding
level one approvals
? OTHER (as allowed by Code)
SPECIFIC CASE NUMBER TO BE APPEALED (if applicable): AaDep ( i to J-,Ve ?a 4[fjf-t 0/) 1)(f art St's &-
DATE OF DECISION: 5/9/11 a414cen i` fo ' a-t e f e vaIrd "Agaa, u?d'Y .
Pane 1 of 9 - Anneal Annlication if PvPI Omn. anri I PvPI Two RPviPwcl- City of ('Iaarwatar
C. BASIS OF APPEAL:
Explain in detail the basis for the appeal. Use additional sheets if necessary.
The issue revolves around how high a sign can be when there is an elevated roadway adjacent to the property in
question. Section 3-1806.13. 11 reads: O'Sites iftat ftoni on an elevated vi fimited visibifity are
permii'4-ed one ffeesta-ading sign at a ma*ifnum of 14' in heigh4 above the efewn of the read, as fneasufed at the
highest 12oint of the roadway..." The main thrust and sole purpose of the code section is to allow sites that have
suffered a tremendous loss of visibility to the main arterial roadway be allowed to have signage that brings them
to par with other properties not suffering the same difficulty. The purpose of the code section is to make those
properties w o e as compare to o er non-affected sites. o, -when the code rea s an is specific to e:
'HIGHEST " that should inelud, the side roadway barriers or parapets, whieh r se
another 1 5' or ?Von either side of the road Withnnt recnuni?ing the 1 5' nr 2' additional height of Inc-, visibility
results in not allowing a "fix" for those sites that have been damaged - as compared to other sites that do not have
to rise above the additional height problem. The code section is specific to measuring to the "highest point" of the
roadway. erta> y e barriers or parapets must be a part o the roadway. The motorists or passer s- by a ong the
main or
parapets n.
D. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the be§LoLM LknQwlgd9g _
W! BHARTI PATRAWAI
Notary Public - State of
My Comm. Expires Oct 1
C mission # DO 93
STATE OF FLORIDA, COUNTY OF PINELLAS
Sworn to and subscribed before me this __m day of
a A. D. 20_LL to me and/or by
a DIP V&CA? W &Y1 who is personally known has
n;oduc ?L . { v cy 13 LA c t r -) 1- as
of prop caner r representative Notary public,
My commission expires:
DepartmenMpplication Formsldevelopment reviewlAppeal Application.doc
Original Receive
M RV 1 0 ?`111
planniq & Jeveicp-Ment
Page 2 of 2 - Appeal Application (Level One and Level Two Reviews)- City of Clearwater
., CITY OF CLEARWATER
l AFFIDAVIT TO AUTHORIZE AGENT
PLANNING & DEVELOPMENT SERVICES ADMINISTRATION
q??rEP MUNICIPAL SERVICES BUILDING. 100 SOUTH MYRTLE AVI<'NUE, 2" FLOOR
PHONE (727)-562-4561 FAX (727) 562-4576
Ashley Furniture Industries, Inc.
(Name of all property owners)
1. That (I am/we are) the owner(s) and record title holder(s) of the following described property:
See Exhibit A attached hereto
(Address or General Location)
2. That this property constitutes the property for which a request for a:
appeal of interpretation regarding signage
(Nature of request)
3. That the undersigned (has/have) appointed and (does/do) appoint
Todd Pressman of
Pressman & Associates
as (hisAheo agenas) to exrute any petitions or otter 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 (Itwe), the undersigned authority, hereby certify that the foregoing is true and correct.
Ashley rniture Industries, Inc.
proper Yr
Title: P...-IEAt. Ef:2L = ML e-,
STATE OF c 41c?l,
COUNTY OF
?,r?.X
Ut^ ,a cx
Before me the undersigned, an officer duly commission d by the taws o the State of on this day of
?: / / personally appeared }--- who having been first duly swom
poses and says that fie/she fully understands the content kbfthe affidav5 that he/she signed.
My Commission Expires: J / ?? /? t 3
Waf,j PubB
3: application fomWdevelopment review/Affidavit to Authorize Agent
From: <Ellen. Crandall 9 MyClearwater.com>
Subject: RE: 24244 US Hwy 19 - Ashley Furniture - CSP2011-02006
Date: May 9, 2011 10:58:49 AM EDT
To: <todd@pressmaninc.com>
Mr. Delk was included in the discussion that came to the resolution that freestanding signs on US 19 are to
be measures from the crown of the road.
From: todd@pressmaninc.com [mailto:todd@pressmaninc.com]
Sent: Monday, May 09, 2011 10:19 AM
To: Crandall, Ellen
Subject: Re: 24244 US Hwy 19 - Ashley Furniture - CSP2011-02006
Thanks. I assume I'd follow this up with Delk in regard to an interpretation?
Todd Pressman,
President,
Pressman & Associates, Inc.
T_odda,Pressmaninc.com
727-804-1760
P.O. Box 6015
Palm Harbor, Fl 34684
Fax, 1-888-977-1179
On May 9, 2011, at 9:43 AM, <Ellen CrandallgMVClearwater.com> wrote:
Good morning Mr. Pressman,
The code is very clear in stating that a sign may be "14 feet in height above the crown of the
road" (Section 3-1806.B.1.h.) and for other signs along US 19 staff has been consistently
measuring from the crown of the road and not from any other feature. However, the point
brought up is valid and is something we may consider for future sign code changes, but due to
the clarity of the code and the policy of staff we cannot offer you anything other than 14 feet
above the crown of the road for your freestanding sign on US Highway 19.
Ellen Crandall
Planner II
City of Clearwater
From: todd apressmaninc.com [mailto:todd@pressmaninc.com]
Sent: Friday, May 06, 20114:44 PM Original Received
To: Crandall, Ellen
Subject: Re: 24244 US Hwy 19 - Ashley Furniture - CSP2011-02006 M,Iv 10 2011
Planning,'; Developme `;t