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FLD2013-05019 (2)cl°6 -7 le. G Steve and Vicki Morgan recommended Conditions of Approval • Hours of operations be limited to 7 am -7 pm. Previous High and Dry hours were consistent with these hours (boats could be docked in the water until the next operating hours begin) • Proposed building to be insulated to diminish noise for surrounding residential properties. • Position of boat launch to remain as proposed, if site plan is to be amended, surrounding property owners shall be notified to have input on the plan. • Any mechanical equipment, including the forklift, to have minimal outside impact on surrounding properties. As OSHA regulations would allow, the forklift to have a muffler, and have a silent alarm for back up uses. /2‘113- -0��1? Justification Statement for Flexible Development Application Clearwater Basin Marina (Parcel No. 09- 29 -15- 32184 - 002 -0020) The property is already developed and operating as a commercial marina with 80 wet slips. The proposed expansion to add 200 high and dry slips and a ship's store /office for on -site management of the marina facility is in harmony with the district and furthers numerous City of Clearwater Comprehensive Plan and Downtown Redevelopment Plan goals, objectives, and policies as identified below and the "Marinas and Marina Facilities" use is a permitted use within the D (Downtown) zoning district per the City's Community Development Code. Marinas are water dependent uses that provide valuable recreational boating and fishing opportunities for the City's residents and visitors. The proposed marina expansion will help address some of the unmet demand for additional wet and dry boat slips along the coastal waterfront. There are limited locations where marinas can be sited and this location is not only suitable for a marina but it is already operating as a marina and there is synergy created by the clustering of the three adjacent marina/launch facilities at this location with the City's Downtown and the Old Bay Character District. The abutting property to the south is also a commercial marina and immediately to the south of it is a City -owned public boat launch facility (Seminole Boat Ramp). Additional slips are needed for the City's residents and frequent visitors, who contribute to and enhance the local economy by visiting Clearwater's downtown and beach establishments while regularly coming to the area in pursuit of recreational boating and other outdoor activities through the connection created by mooring their boat at the marina. Whereas in contrast, when a. recreational boater must bring his/her boat by trailer to a launch facility (assuming that the boat . is small enough to be trailered), the boat owner and his /her guests have limited opportunity to stay and frequent area restaurants and retail shops after spending the day on the water because their mobility and options are encumbered by the troubles of navigating the city streets looking for suitable parking that can accommodate a haul vehicle with boat /trailer in tow. The marina expansion is a good fit for the neighborhood, where well maintained marina facilities are an established part of the neighborhood character. The partially constructed remains of the failed residential project (by a previous owner) will be replaced with visually attractive buildings that will have architecturally enhanced embellishments as depicted on the attached conceptual renderings so that they will blend in with the Old Bay Character District and the property's location on the harbor waterfront. There will be no marine engine or boat repairs conducted on- site and there will be no outdoor storage yards. And, the small 1,000 sq.ft. ship's store /office will provide for on -site management of the marina facility and the sale of boating accessories and convenience items during normal operating hours. The existing 90 sq.ft. ice shed near the southwest corner of the property will remain. Clearwater Basin Marina Page 1 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AEI /O The normal hours of operation will be from 7:00 AM to 8:00 PM, seven days a week, with an exception on holidays and city /county special event days and adjoining long weekends (e.g.,, Memorial Day, Fourth of July, Labor Day, Christmas Night Parade, Clearwater Super Boat &. Seafood Festival, etc.) in order to accommodate returning boats. Please note that the adjacent City boat ramp is open for use by the general public on a 24 hours per day, 7 days per week year - round basis without restriction; whereas, this marina is members only wet /dry storage with no trailer launch facilities. The only abutting residential lands are located along the property's northern boundary and they are higher than the marina property and are already screened from view by an existing masonry retaining /screening wall and vegetation. The new high and dry building will further screen visibility of the marina activities since the only access to the dry slips is via entrances located on the south and west sides of the building. The high and dry building is significantly smaller than the 133 -unit, 9 -story residential project that was previously approved and partially constructed on the property. That project was significantly larger than the marina facilities being proposed to replace them in this application so the City has already determined through its previous issuance of construction permits that even greater scale, bulk and coverage would be compatible and in harmonious with the surrounding area. The existing marina use and proposed marina facilities expansion are compatible with the City of Clearwater's Comprehensive Plan objectives and policies, including: Future Land Use Element: Objective A.6.7 Redevelopment activities shall be sensitive to the city's waterfront and promote appropriate public access to the city's waterfront resources. Policy A.6.7.1 Encourage the preservation of recreational and commercial working waterfronts and marinas and other water - dependent facilities. Policy A.6.7.2 Work with applicants to discourage the rezoning and land use changes of recreational and commercial working waterfronts. Recreation and Open Space Element: From the Recreation and Open Space Needs Summary: * All needs of the City's diverse population will be taken into consideration when recreation provisions are being assessed. Clearwater has a variety of water -based recreation . opportunities including beaches, boating and fishing which can continue to be developed for the benefit of both residents and visitors. Objective G.1.6 Policy G.1.6.2 Develop new and enhance existing blueways, greenways and recreational trail systems throughout Clearwater. The City will provide new access or enhance /maintain existing access to water bodies where possible for recreational use. Clearwater Basin Marina Page 2 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 A� /O Coastal Management Element: From the Coastal Management Needs Summary: * Land use patterns are generally compact. Water- dependent uses, which occupy a relatively small part of the overall shoreline, are defined to be marinas, beach access, boat launch areas and docks, wastewater plants, and beach concessions. Water - related uses are marine sales, marine product distribution, motels and related tourist facilities, and public parking; these occupy much of the land on Clearwater Beach and Sand Key but are not as significant in other parts of the coastal storm area. Water- dependent and water - related uses need to be given an emphasis in planning and permitting shoreline development. * In recent years the City has experienced a loss of working waterfront uses such as dock slips, marinas and high and dry storage. Objective E.1.6 Redevelopment areas established in the coastal storm area should address the needs and opportunities unique to those locations. Policy E.1.6.2 The City will encourage the preservation of recreational and commercial working waterfronts and marinas and other water - dependent facilities. Policy E.1.6.3 The City discourages the rezoning of recreational and commercial working; waterfronts. Policy E.1.6.4 The City will support accessory transient marina docks or slips through the Community Development Code and special area plans. Objective E.5.2 Water- dependent uses such as marinas, boat launch or dock facilities shall be given a higher priority over other uses. Policy E.5.2.1 Priorities for shoreline uses in priority order shall be water - dependent uses.. water - enhanced uses and non -water dependent uses. All priorities shall be encouraged in redevelopment programming, land use planning, zoning, and infrastructure development. Policy E.5.2.2 To insure land use compatibility, commercial marinas operated as a primary use shall not be located adjacent to residential land uses unless screening or adequate landscaped buffering is provided. Accessory use marina facilities may be located adjacent to residential land uses in accordance with the Community Development Code. Policy E.5.2.3 Upland support services, including adequate parking, loading, and clean up and maintenance areas, shall be provided on site for new or expanded marinas. If located adjacent to residential land uses, hours of operation may be reasonably limited. Permitting for new marinas shall consider distance from grass beds, protection of water quality, need for construction and maintenance dredging, spoil disposal, protective status, and ownership of bottomlands. Policy E.5.2.4 Marina siting and planning shall consider marinas in general to be a beneficial use, which augments the tourist and leisure facilities in Clearwater. Policy E.5.2.5 Adequate sites and access for water - dependent uses shall be coordinated and permitted through Pinellas County, Florida Department of Environmental Protection (FDEP), the Southwest Florida Water Management District (SWFWMD) and/or the Army Corps of Engineers. Clearwater Basin Marina Page 3 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AV/DP The existing marina use and proposed marina facilities expansion are compatible with the City of Clearwater's Downtown Redevelopment Plan goals, objectives and policies, including: Vision of Plan * Downtown's unique waterfront location should be a focal point for revitalization efforts and an orientation for all of Downtown. Views of and access to the water must be preserved; * The elimination of blighting conditions and the revitalization of the existing and expanded. CRA are critical to the future health of Downtown. People Goal 1 Downtown shall be a place that attracts people for living, employment and recreation. The City shall encourage redevelopment that will attract residents and visitors to Downtown as a recreation, entertainment and shopping destination. Objective 1A All development within Downtown shall further the goals, objectives and policies of this Plan and shall be consistent with the character districts, the design guidelines and the Downtown zoning district. Objective 1J Downtown shall maintain and expand parks and recreational activities that serve residents and visitors. Amenity Goal 3 Create Downtown as a memorable place to be enjoyed by residents and visitors that capitalizes on Clearwater's waterfront location, natural resources, built environment and history. Objective 3D Redevelopment is encouraged to create a vibrant Downtown environment containing a variety of building forms and styles that respect Downtown's character and heritage. Policy 9 Projects located at or near the border of the Downtown Plan area shall use effective site and building design features to ensure an appropriate transition and buffer between the different areas. Justification for "Comprehensive Infill Redevelopment Project" (Reduction in Parking Ratio) Flexible Development Use Criteria Review Criteria: 1. The development or redevelopment is otherwise impractical without deviations from the use and /or development standards set forth in this zoning district; Applicant's Response: The Code's parking requirement is a general standard applied to all marinas, without distinction between marine facility, service and operational differences that can impact actual demand requirements (e.g., this is a private marina and it does not have a boat launch or repair facilities). The applicant had a professional traffic engineer conduct a parking demand study in order to document actual parking demand at the existing marina and a similar marina that also has dry- and -dry slips. Without an adjustment to the parking Clearwater Basin Marina Page 4 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AVID requirements, a significant portion of the property would have to be dedicated to parking and vehicular use area that isn't needed to support the project. 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; Applicant's Response: The existing and proposed marina development is consistent with, and advances the purposes and intent of numerous Comprehensive Plan goals, objectives and policies as already identified in the above project justification statement, as well as furthering the intent and purpose of the City's Code and the Downtown zoning district. 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; Applicant's Response: The requested parking ratio reduction is supported by the parking demand study and will not impede development and improvement of surrounding properties. The project will have adequate on -site parking spaces provided to support the marina's operations and thus will not adversely impact the surrounding area. 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; Applicant's Response: Approval of this request will allow the site to successfully continue operating as a marina and will maintain /enhance the property values of the property and surrounding area. The marina expansion project will improve the appearance of the property by eliminating the visual blight caused by partially constructed and abandoned residential structures from the failed attempt at residential development on the property by the previous property owner. 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; Applicant's Response: The existing /proposed marina use of the property is permitted under both the City's Comprehensive Plan and Code as a flexible development use. Response to the "marinas and marina facilities " flexible development use criteria is provided further below. Clearwater Basin Marina Page 5 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AEI /O b. The proposed use would be a significant economic contributor to the city's economic base by diversifying the local economy or by creating jobs; Applicant's Response: The marina expansion will add jobs to the economy through the addition of the employees in the on -site management office /ship's store and workers within the high- and -dry facility. c. The development proposal accommodates the expansion or redevelopment of an existing, economic contributor; Applicant's Response: The addition will preserve an existing marina facility, which would have been lost under the previous property owner's plans to convert the property into residential development. d. The proposed use provides for the provision of affordable housing; Applicant's Response: The marina will have neither a positive or negative impact on the provision of affordable housing since there is no residential component to the project. e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and . rezoning would result in a spot land use or zoning designation; or Applicant's Response: The use is allowed within the zoning district, is already existing on the property, and the abutting property to the south is also a commercial marina and immediately to the south of it is a City-owned public boat launch facility. f. The proposed use provides for the development of a new, and /or preservation of a working waterfront use. Applicant's Response: The entire purpose of this application is to obtain approval for expansion of an existing working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off - street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; Applicant's Response: The requested parking ratio reduction is supported by the parking demand study and will not impede development and improvement of surrounding properties. The project will have adequate on -site parking spaces provided to support the marina's operations and thus will not adversely impact the surrounding area. Clearwater Basin Marina Page 6 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AVIA7 b. The proposed development complies with applicable design guidelines adopted by the city; Applicant 's Response: The project complies with the design guidelines for the Old Bay Character District. The buildings will have architecturally enhanced embellishments as depicted on the attached conceptual renderings so that they will blend in with the district and the property's location on the harbor waterfront. The existing marina use and proposed marina facilities expansion are compatible with the plan's additional requirements for character districts and special areas. The project layout is designed with the intent of the Downtown Redevelopment Plan's transitional areas in mind, which says: "Projects shall be designed so that the least intensive portion of the development (density, use and buildings) is located closest to the Plan Area boundary. The appropriate separation and orientation of a development shall be determined based on the maximum development potential /pattern of the adjacent area." While this section of the plan then goes on to discuss providing additional setback for multistory buildings, the accompanying graphics depict mid /high -rise buildings where residential units would be facing the northern boundary and thus could result in an intrusion upon the neighbors' privacy because of the inability of fences, walls, and /or vegetation to provide adequate screening due to the additional building height. In that scenario, additional building setback could be an appropriate buffering solution. However, the physical and operational characteristics of a marina facility are very different from that of a high -rise residential project. The high and dry building's location provides the best possible screening solution for the neighbors because the existing masonry retaining /screening wall and vegetation along the northern boundary will be kept, the northern access drive will be gated and infrequently be used, and the windowless north side of the boat storage building will provide yet another layer of screening from the marina activities which are all focused to the south and west of the building at the farthest location away from the neighbors. All routine customer vehicular traffic and the occasional trailering of boats when they initial are delivered to the facility or subsequently removed from the facility will occur on the south side of the building. c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; Applicant's Response: The project is of an appropriate design, scale and intensity. As discussed in the project justification statement, the previously approved residential project for the property was significantly larger than the marina facilities being proposed to replace them in this application so the City has already determined through its previous issuance of construction permits that even greater scale, bulk and coverage would be compatible and in harmonious with the surrounding area. Clearwater Basin Marina Page 7 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AVID d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. Applicant's Response: The architectural renderings provided demonstrate compliance with this requirement. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Applicant's Response: The flexible development request only relates to a reduction in the parking ratio as supported by the parking demand study. Otherwise, the development is in compliance with the perimeter buffer, landscaping and building setback requirements. Justification for "Marinas and Marina Facilities" Flexible Development Use Criteria Review Criteria: 1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as areas of environmental significance including: a. The north end of Clearwater Beach; b. Clearwater Harbor grass beds; c. Cooper's Point; d. Clearwater Harbor spoil islands; e. Sand Key Park; f. The southern edge of Alligator Lake. Applicant's Response: The project is not located within any of the six areas identified in the Comprehensive Plan as an area of environmental significance. 2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas, unless the marina facilities are totally screened from view from the contiguous land which is designated as residential and the hours of operation of the commercial activities are limited to the time period between sunrise and sunset; and Applicant's Response: The only commercial activity is the mooring of boats on a rental basis. There will be no marine engine or boat repairs conducted on -site and there will be no outdoor storage yards. The existing marina has 80 wet slips and the proposed expansion will add 200 dry slips and a small 1,000 sq.ft. ship's store/office for on -site management of the Clearwater Basin Marina Page 8 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AVIO marina facility and sale of boating accessories and convenience items during normal operating hours. The normal hours of operation will be from 7 :00 AM to 8:00 PM, seven days a week, with an exception on holidays and city /county special event days and adjoining long weekends (e.g., Memorial Day, Fourth of July, Labor Day, Christmas Night Parade, Clearwater Super Boat & Seafood Festival, etc.) in order to accommodate returning boats. Please note that the adjacent City boat ramp is open for use by the general public on a 24 hours per day, 7 days per week year -round basis without restriction; whereas, this marina is members only wet /dry storage with no trailer launch facilities. Furthermore, the only abutting residential lands are located higher than the marina property and are already screened from view by an existing masonry retaining /screening wall and vegetation along the northern boundary. The new high and dry building will further screen visibility of the marina activities since the only access to the dry slips is via entrances located on the south and west sides of the building. 3. The design of all buildings complies with the Downtown District design guidelines in. Division 5 of Article 3. Applicant's Response: The proposed buildings comply with the Downtown District design guidelines. The exterior of the buildings will have architecturally enhanced embellishments as depicted on the attached conceptual renderings so that they will blend in with the Old Bay character district and the property's location on the harbor waterfront. The existing marina use and proposed marina facilities expansion are compatible with the plan's additional requirements for character districts and special areas. The project layout is designed with the intent of the Downtown Redevelopment Plan's transitional areas in mind, which says: "Projects shall be designed so that the least intensive portion of the development (density, use and buildings) is located closest to the Plan Area boundary. The appropriate separation and orientation of a development shall be determined based on the maximum development potential /pattern of the adjacent area." While this section of the plan then goes on to discuss providing additional setback for multistory buildings, the accompanying graphics depict mid /high -rise buildings where residential units would be facing the northern boundary and thus could result in an intrusion upon the neighbors' privacy because of the inability of fences, walls, and /or vegetation to provide adequate screening due to the additional building height. In that scenario, additional building setback could be an appropriate buffering solution. However, the physical and operational characteristics of a marina facility are very different from that of a high -rise residential project. The high and dry building's location provides the best possible screening solution for the neighbors because the existing masonry retaining /screening wall and vegetation along the northern boundary will be kept, the northern access drive will be gated and infrequently be used, and the windowless north side of the boat storage building will Clearwater Basin Marina Page 9 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AEI /O provide yet another layer of screening from the marina activities which are all focused to the south and west of the building at the farthest location away from the neighbors. All routine customer vehicular traffic and the occasional trailering of boats when they initial are delivered to the facility or subsequently removed from the facility will occur on the south side of the building. 4. All marina facilities shall comply with the commercial dock requirements set forth in Section 3- 601.C.3 and the marina and marina facilities requirements set forth in Section 3 -603. Applicant's Response: The property is already developed and operating as a commercial marina. The proposed marina facilities expansion will comply with the applicable code requirements, as set forth in Sections 3- 601.C.3 and 3 -603. Clearwater Basin Marina Page 10 of 10 Flex Dev Appl. Justification Statement (rev. 6/14/2013) AVID Group Project No. 637 -011 AVID CLEARWATER BASIN MARINA A./2 7M✓ 3 - 0S-0 ci 7--1 - 1. Litt- BOAT LOADING MARINA HIGH & DRY 53,725 S.F. RETAIL 1.000 SF 0 ( PROVIDED BY... THIS CONCEPTUAL PLAN HAS BEEN PREPARED WITHOUT THE BENEFIT OF A SURVEY. TILE REPORT. AND/OR DUE DILIGENCE. THIS PROJECT NUMBER: 637 - 011 CONCEPTUAL PLAN IS NOT AN EXACT DEPICTION OF FINAL FEATURES AND QUANTITIES MALLS. POND LINERS. RETAINING WALLS. UTRNTRS. ETC .I YIELD DEPICTED WITHIN THIS CONCEPTUAL PLAN IS PRELIMINARY AND SUBJECT TO CHANGE PENDING FINAL SCALE: 1' = 50' DATE: 07 -12 -13 ZONING. ENVIRONMENTAL. DRAINAGE. UTILITY. ARDOR FLOODPLAIN ANALYSIS. THEREFORE. THIS PLAN SHALL BE REGARDED AS DRAWN BY PRP PROJ. MGR: 19/11w Al. ESTIMATE OF THE FEASIBILITY OF THIS PROJECT AND MAY NOT REFLECT ALL REGULATORY REQUIREMENTS AND CONSTRAINTS. PROVIDED FOR Clearwater Basin Marina, LLC CIVIL ENGINEERING LAND PLANNING TRAFFIC /TRANSPORTATION SURVEYING GROUP GIS 2300 CURLEW ROAD, STE 201 PALM HARBOR, FLORIDA 34683 PHONE (727) 789 -9500 AVIDGROUP.COM z-`4171-aF--- 4.43=74er 5, FWI 41117----i01111111Ti -r it041111XWICIL ARCHITECTURE 630 Chestnut Street I Clearwater, Florida 33756 I Tel: 727.796.8774 $ rr Clearwater Basin Marina 880 N Osceola Ave, Clearwater FL At- 411110111,.. ,1II/111111:1111lIht, -.0.1•Niawassusio gurissiorsistionsr s s . sokAla 414% liM1771 K) ti IIiHJ al,. iIfflllui I t '111/11! I NM" 1111111iMlii Lrrnr 71 I = - rimi SW - 11111111111EL Nei/I:Wt.< t-t?\Able... _ 1111110111111 aptanfiteLel th, I il 1-7(.440•09:•' ARCHITECTURE 630 Chestnut Street I Clearwater, Florida 33756 I Tel: 727.796.8774 I Clearwater Basin Marina 880 N Osceola Ave. Clearwater FL