FLD2012-05011 - REVISED CONDITIONSMEMORANDUM
TO: Community Development Board
FROM: Mark T. Parry, Planner III
RE; Revision of certain conditions of approval associated with case FLD2012-05011
DATE: June 18, 2013
On July 17, 2012, the Community Development Board (CDB) reviewed a Flexible Development
application to permit a Restaurant use of 10,749 square feet in the Tourist (T) District with a lot
area of 13,557 square feet (uplands only); lot width of 100 feet; zero parking spaces; and to
permit a 28-slip, 7,420 square-foot Commercial Dock with an increase to the permitted width of a
dock from 75 percent of the waterfront lot width (75 feet) to 79 percent (79 feet) and an increase
from the permitted length of a dock from 75 percent (75 feet) of the waterfront lot width to 300
percent (300 feet) by utilizing the lot widths the two adjacent properties along with the subject
property in determining the permitted width of the subject dock as a Comprehensive Infll
Redevelopment Project, under the provisions of Community Development Code Section 2-803.C.
The approval included 28 conditions of approval. The timing of several of these conditions
related to the certain benchmarks required to be completed prior to the issuance of any permits.
The applicant has asserted, and Staff agrees, that due to circumstances beyond the control of the
applicant, that the timing of certain conditions (shown below via s�1Eee�s and underlinesl
should be changed from being completed prior to issuance of building permit to prior to issuance
of Certificate of Occupancy. These circumstances include but are not limited to the fact that the
City is currently in the process of fnalizing the design guidelines applicable to the desired
boardwalk which is intended to extend along the waterfront sides of properties fronting East
Shore Drive between Baymont Street to the southern boundary of the Marina District of the
Beach by Design planning area. In addition, one condition addressing the issue of the entrance
node at the eastem terminus of Papaya Street has been changed to acknowledge the fact that the
City, rather than the applicant, will design and install this node. Specifically, the proposed
condition amendments applies to conditions 11, 17, 21 and 28. In addition, specific timing
requirements prior to the issuance of a Certificate of Occupancy have been attached to two other
conditions, specifically conditions 25 and 26. In must be noted that no conditions are removed or
added with this proposal.
Staff believes that these amendments present no material difference to the final desired product
and will provide necessary flexibility for the applicant to diligently pursue the completion of this
development.
Conditions of Apnroval:
General/Miscellaneous Conditions
1. That the final design and color of the building be consistent with the elevations
approved by the CDB;
2. That no freestanding signs be permitted on the site;
3. That use of the docks be for exclusive use for the mooring of boats by patrons of the
restaurant and that the docks are not permitted to be rented, leased or sold separately;
4. That boatlifts, fueling capabilities and dry storage facilities or any like structures
andlor uses of any kind are prohibited;
5. That signage be permanently installed on the docks or at the entrance to the docks
containing wording warning boaters of the existence of protected sea grasses and
manatees in the vicinity;
6. That issuance of a development permit by the City of Clearwater does not in any way
create any right on the part of an applicant to obtain a permit from a state or federal
agency and does not create any liability on the part of the City for issuance of the
permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law;
7. That all imgation systems connected to the public potable water supply system shall
include a backflow preventer at the service connection per Section 3-1202 General
Landscaping Standards; and
8. That all other applicable state or federal permits be obtained before commencement
of the development.
Timing Conditions
9. That application for a building permit to construct the restaurant be submitted no later
than July 17, 2013, unless time extensions are granted pursuant to CDC Section 4-
407;
10. That prior to the issuance of a Certificate of Occupancy for the restaurant, the
sidewalk and any associated sidewalk amenities be installed to the satisfaction of City
Staff along East Shore Drive and Papaya Street;
11. That prior to the issuance of a Certificate of Occupancv �e�s evidence of filing
and recording in the public records of deed restrictions for properties located at 423
and 419 East Shore Drive (Parcel Identification Numbers 08-29-15-02592-003-0030
and 0050, respectively) be furnished to the City for review and approval. The deed
restrictions shall, at a minimum, provide for the following:
(a) That no additional docks, piers, boat lifts or similar devices may be located on
the properties located at 419 and 423 East Shore Drive;
(b) T'he existing docks may be maintained and/or repaired as necessary to ensure
their functionality, appearance and provide for the safety of their users;
(c) The existing docks may not be enlarged in any way;
(d) Should either or both of the existing docks be destroyed outright or damaged to
an extent where 50 percent or more of the existing square footage of the
respective dock is rendered unusable or unsafe by the City, County or any other
regulatory body that the dock(s) be fully removed;
(e) The existing docks may be replaced however any such replacement may not
exceed the maximum dimensional requirements of Section 3-601 C.3.h without
any deviations as otherwise provided by Section 3-601.C.3.i.
12. That prior to the issuance of any Certificate of Occupancy, a11 utilities including
individual distribution lines serving this development within the right-of-way along
the east side of East Shore Drive and/or the south side of Papaya Street, shall be
installed underground as applicable andlor practicable. Specifically, the power lines
along the south side of Papaya Street adjacent to the subject property shall be placed
underground if such action is found to be practicable by Progress Energy;
13. That prior to the issuance of the building permit for the restaurant, the location and
visibility of electric equipment (electric panels, boxes and meters) be reviewed and, if
located exterior to the building where visible from any street frontage, be shown to be
painted the same color as the portion of the building to which such features are
attached;
14. That prior to the issuance of a Certification of Occupancy for the dock, vertical
construction of the restaurant commences to the satisfaction of Staff;
15. That prior to the issuance of a Certificate of Occupancy for the restaurant, a
Certificate of Occupancy of the publicly-accessible boardwalk is granted OR that
meaningful (as determined by the Community Development Coordinator) progress
has been made with regard to securing the appropriate and needed permits from State
and/or Federal agencies;
16. That prior to the issuance of a Certificate of Occupancy for the restaurant, a
Certificate of Occupancy for the dock is granted OR that meaningful (as determined
by the Community Development Coordinator) progress has been made with regard to
securing the appropriate and needed permits from State andlor Federal agencies;
17. That prior to the issuance of a Certificate of Occupancv °°"�°"' "�
Ea�rs�xe�e�, a copy of the SWFWMD and/or FDEP Permit and any other applicable
environmental permits, Corps of Engineer's Permit and proof of permission to use
State submerged land, if applicable, be submitted to the Planning and Development
Department;
18. That prior to the issuance of any permits, any applicable Parks and Recreation and/or
Public Art and Design Impact Fees be paid;
19. That prior to the issuance of any building permits, the Fire Department may require
the provision of a Water Study performed by a Fire Protection Engineer in order to
ensure that an adequate water supply is available and to determine if any upgrades are
required by the developer due to the impact of the project. The water supply must be
able to support the needs of any required fire sprinkler, standpipe andlor fire pump. If
a fire pump is required, then the water supply must be able to supply 150 percent of
its rated capacity; and
20. That prior to the issuance of any permit, all requirements of the General Engineering,
Traffic Engineering and Fire Departments be addressed.
Boardwalk Conditions
21. That the a�plicant finance coordinate and oversee the construction of a publiclv-
accessible boardwalk extending from Papava Street to the southern ed�e of pronertv
located at 419 East Shore Drive as�ortrayed in the submitted application and that
such boardwalk and access�oint be constructed in its entiretv to the satisfaction of
City Staff The Boardwalk shall inte�rate with the Papava Street access point to be
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desi�ned and installed bv the Citv; ��Pn�� �" °°
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22. That an easement be granted (to be coordinated with City Staf� permitting free and
clear access by the public of the proposed boardwalk for the entire length of the
boardwalk including a well-marked access point at the northern termini of the
proposed length of boardwalk;
23. That the location of the boardwalk be consistent with the plans approved by the CDB
or as otherwise determined/required by Ciiy Staff; and
24. That the fit, finish, materials and installation methodology of the proposed boardwalk
(including built-in lighting, benches and trash receptacles) and the access point at
Papaya Street be coordinated with and approved by City Staff prior to the issuance of
any permits.
Sidewalk Conditions
25. That prior to the issuance of a Certificate of Occupancv an easement be granted for
the portion of the sidewalk along East Shore Drive and Papaya Street which extends
onto the subject site;
26. That nrior to the issuance of a Certificate of Occupancv the final location of the
sidewalk along East Shore Drive and Papaya Street be consistent with the plans
approved by the CDB or as otherwise determined/required by City Staff;
27. That the fit, finish, materials, installation methodology of the sidewalk and
associated sidewalk amenities (such as benches, trash receptacles, trees, lighting) be
coordinated with and approved by City Staff prior to the issuance of any permits; and
28. That the location of sidewalk amenities be located solely on the portion of the
sidewalk located on the subject property and outside of the right-of-way and be
coordinated with and approved by City Staff prior to the issuance of a Certificate of
Occupancv �e��.
.�------"'_..-�
Prepared by Planning and Development Department Staf£ �'�
Mark T. Parry, AICP, Planner III
MARK T. PARRY
1655 Linwood Drive Tel: (727) 742.2461
Clearwater, FL 33755 E-mail: mparry antampabay.rr.com
SUMMARY OF QUALIFICATIONS
A dedicated, AICP certifiad professional Planner focused on contributing to the field of Urban Planning
experienced in public and private sector planning. An excellent communicator, able to effectively interact
with clients, local government officials and business professionals at all levels. Experienced in various
aspects of urban design and planning, zoning regulations and permitting.
OBJECTNE
To secure a Planning position which will allow me to continue improving the built environment and my
community through sound and innovative planning and design principals.
EDUCATION
COOK COLLEGE, RUTGERS UNIVERSITY, New Brunswick, NJ
B.S. Landscape Architecture Major, Urban Planning Certification
B.S. Environmental Planning and Design
Certificate Urban Planning
Golden Key National Honor Society; Sigma Lambda Alpha
American Planning Association (Florida Chapter); member
AICP #020597
40-hour OSHA (Hazwoper) Training
PLANNER III PLANNING DEPARTMENT, CITY OF CLEARWATER 04/12 - Present
08/98 — 04/05
• Responsible for nonresidential and single/multi-family site plan review and permitting.
. Assist in the implementation and subsequent review of the Community Development Code.
• Responsible for assessing and writing Community Development Code amendments.
• Land Development Code development, interpretation and application.
. Provide, inspect and direct landscape review/design.
• Acting Development Review Manager 9/99 —11/99 and 01/05 — 03/05.
• Manage and direct Associate Planners.
• Review, process and present variance/conditional use, land use/zoning atlas amendment and annexation
applications at in-house and public review meetings.
• Principle Planner in creating and implementing Clearwater's Downtown Design Guidelines.
Assisted in the implementation and application of the Clearwater powntown Redevelopment Plan.
Senior Planner DEVELOPMENT 8� ENVIRONMENTAL SERVICES, CARDNO TBE 04/05 — 04/12
• Planner of record for Cities of Indian Rocks Beach, Seminole and Clearwater and Town of Bel�eair.
• Responsible for nonresidential and single/multi-family site plan review and permitting.
. Perform site design and inspections.
. Provide technical planning support for engineering department.
• Provide support for Zoning Code, Comprehensive Plan, Zoning and Land Use Plan amendments.
• Research and write Evaluation and Appraisal Reports.
• Create and update Special Area Plans/Form-based Codes.
. Provide CADD support.
• Assist with creating redevelopment marketing material.
• Perform technical environmental services including soil and groundwater sampling.
Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ
. Founded and established a local garden and landscape business.
. Plan and oversee installation of commercial and residential landscaping
and photo-manipulation programs.
• Develop and implement advertising programs, brochures and graphics.
• Estimate, bid and negotiate jobs.
• Source and negotiate purchase of materials and equipment.
. Manage, train and schedule installation crews.
9/92 - 6/98
projects utilizing a variety of CADD
Program Supervisor LONGSTREET FARM, MONMOUTH COUNTY PARK SYSTEM,
HOLMDEL, NJ
• Assisted in formulating and running children's summer program ("Hayseed").
• Created and coordinated daily programs and schedules for 6-9 year old groups.
• Supervised several other programs throughout the year.
• Created a demand which was twice the program's capacity after the first year.
COMPUTER SK/LLS
6/87 - 8/93
Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan,
Excel, Cornerstone, AutoCADD, PowerPoint, Publisher