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APP2013-00003� � C ea��ater COMMUNITY DEVELOPMENT BOARD _ ��, PLANNING AND DEVELOPMENT DEPARTMENT ''�-'A�� STAFF REPORT MEETING DATE: November 19, 2013 AGENDA ITEM: E�� CAS E : APP2013-00003 REQUEST: An appeal of an administrative interpretation of Community Development Code (CDC) Section 4-202.G which provides that no application shall be accepted during the following time periods after the denial of a substantially similar application affecting the same property or any portion thereof for nine months from the date of denial. GENERAL DATA: Agent........................... Applicant/ Owner . . .. . ........ L oca tion . . . . . . . . . . . .. . .. . . . . . . . . . . Property Size .................... Future Land Use Plan...... Zoning. . . . . . . . . . . . . . . . . . . . . . . .. . Special Area Plan .............. Adjacent Zoning.... North: South: East: West: Existing Land Use ............. Proposed Land Use......... ��- z ��t __ ,��.�� _�� Todd Pressman David McComas; Clearwater Basin Marina, LLC. 880/900 North Osceola Avenue; west side of North Osceola Avenue at the terminus of Nicholson Street, approximately 500 feet north of Seminole Street 5.10 acres (3.55 acres upland and 1.55 acres submerged) Central Business District (CBD) and Water Downtown (D) and Preservation (P) Districts Clearwater powntown Redevelopment Plan (Old Bay Character District) Low Medium Density Residential (LMDR) and Preservation (P) Districts Downtown (D) and Preservation (P) Districts Downtown (D) District Preservation (P) (Clearwater Harbor) Marina (66 wet slips) Marina (80 wet slips and 188 dry slips); retail/office (1,000 square feet) . +�.' ��3.` •r� � �� '�� _ � :�3 � � - ,,� x .w-�� . � i t i r j , � f..........� �..., .• '� i `��.■■.�.■■■■■.►a. �' � t��r�'.+, . `� ^ _ +.- ` .. i �' - ` !� .'_! � : <� � �� .� " °� «�, , �,� 4`" t � � tt,..}�.�.1 i� �. , �' S i �r � ,; !1r� ' �t � � � � ��fii : .��' d `� '�r� � � � � �a ' �� •. � ' �� ' `s. : . � ;� _ . � ,� �,- ._- _1 �,�� . � �� . � �. # � ;� , ��'� r 4l� � l . / � � * ��-�;��r � , � � �!�� ` �� !: * � � .w � `' � �� IMN � : Clearwater Level II Appeal Review � .. . ... �:�'._�- . ANALYSIS: PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Site History: On May 1, 2013, a Level II Flexible Development application (FLD2013-05019) to permit the addition of 200 dry slips and 14 new wet slips to an existing 66 wet-slip marina (87-wet slips originally approved) including a 53,727 square foot high and dry storage building with a height of 53 feet as measured from Base Flood Elevation (BFE) to roof deck with an additional 12 feet to rooftop architectural embellishments; 95 parking spaces (including two handicap spaces) (0.68 spaces per two slips); and a 1,000 square foot retaiUoffice building as accessory to the marina with a height of 14 feet (as measured from BFE) in the Downtown (D) District and the Old Bay Character District of the Clearwater powntown Redevelopment Plan as a Comprehensive Infill Redevelopment Project, under the provisions of Community Development Code (CDC) Section 2-903.D was received by the Planning and Development Department. That case was denied by the CDB at its meeting of July 16, 2013 with the following findings: 1. That the development proposal is inconsistent with the pattern of development of the surrounding neighborhood; 2. That the proposal is inconsistent with two visions of the Clearwater powntown Redevelopment Plan; 3. That the proposal is inconsistent with applicable Goals, Objectives and Policies of the Clearwater powntown Redevelopment Plan including Goal 1 and Objectives lA, and 1 G and Policies 2, 3 and 9; 4. That the proposal is inconsistent with the Clearwater powntown Redevelopment Plan Design Guidelines specifically with regard to the transitional rules associated with the Old Bay character district; 5. That the proposal is inconsistent with applicable portions of the Comprehensive Plan including Future Land Use Plan Element Goal A.6, Objectives A.5.5, and A.6.2 and Policies A.2.2.3 and A.5.5.1; 6. That the proposal inconsistent with the general purpose, intent and basic planning objectives of the Community Development Code Sections 1-103.B.1— 3; 7. That the development proposal is inconsistent with the Standards as per Table 2-902 of the Community Development Code with regard to parking; 8. That the development proposal is inconsistent with the General Standards for Level One and Two Approvals as per Section 3-914.A.1, 2 and 5 of the Community Development Code; 9. That the development proposal is inconsistent with the Flexibility criteria as per Section 2-903.D.1, 2, 3, 4 and 6 of the Community Development Code; and 10. That the application is inconsistent with the requirement for the submittal of substantial competent evidence as per CDC Section 4-206.D.4. On August 20, 2013, the applicant requested a reconsideration of the aforementioned application pursuant to CDC Section 4-206.H, which provides that after a final decision, reconsideration or rehearing may be granted only upon a determination by the CDB or the hearing officer, as the case may be, at the next regularly scheduled meeting of the community development board or within ten days of a hearing officer's that the decision, was based upon mistake, fraud or misrepresentation. The CDB determined the decision denying application FLD2013-05019 did not meet the requirements of CDC Section 4-206.H and denied the request for a reconsideration. Community Development Board November 19, 2013 APP2013-00003 — Page 1 ° Clearwater Level II Appeal Review u �� = PLANNING & DEVELOPMENT DEVELOPMENT REVIEW DIVISION Revised Development Proposal: The applicant submitted a revised site plan on September 30, 2013. The new site plan portrays a high and dry marina consisting of a building 47.5 feet in height and encompassing 47,100 square feet in area with 188 berths. The location of the building is generally consistent with that as shown with FLD2013-05019. The primary differences include a shift of the building approximately 27 feet to the west, a slight reconfiguration of parking along the south side of the high and dry building facilitated by the removal of bay doors on the building's south fa�ade, a reduction in area of 12 percent or 6,627 square feet, a reduction in height of 5.5 feet, a reduction of 12 dry berths or six percent and additional landscaping at the northeast corner of the site. The use, a high and dry facility, and general location from the northern boundary of the Old Bay character district, approximately 25 feet, were the primary bases of denial of FLD2013-05019 and have not changed with the revised development proposal. The Community Development Coordinator determined that the revised proposal did not meet the requirements of CDC Section 4-202.G which provides that no application shall be accepted for nine months from the date of denial if a substantially similar Level II Flexible Development application affecting the same property or any portion thereof and therefore declined to accept the revised site plan and accompanying application. Appeal Process: The appeal from the aforementioned determination was filed on September 26, 2013 by Mr. Todd Pressman on behalf of the appellant, David McComas; Clearwater Basin Marina, LLC. Pursuant to CDC Section 4-SO1.A.1 the Community Development Board (CDB) has the authority to hear appeals from orders, requirements, decisions or determinations made by an administrative official in the administration of the 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 every one 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 blic health, safety and general welfare. Prepared by Planning and Development Department Staff Mazk T. Parry, AICP, Planner III Community Development Boazd November 19, 2013 APP2013-00003 — Page 2 MARK T. PARRY 1655 Linwood Drive Tel: (727) 742.2461 Clearwater, FL 33755 E-mail: mparry@tampabay.rr.com SUMMARY OF QUALIFICATIONS A dedicated, AICP certified professional Planner focused on contributing to the field of Urban Planning experienced in public and private sector planning. An excellent commurncator, 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. OBJECT/VE 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. EDUCAT/ON 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 111 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 Belleair. • 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. • Pertorm technical environmental services including soil and groundwater sampling. Designer/Owner GREENSCAPES-GLD, MARLBORO, NJ 9/92 - 6/98 • Founded and established a local garden and landscape business. • Plan and oversee installation of commercial and residential landscaping projects utilizing a variety of CADD 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. 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 SKILLS 6/87 - 8/93 Access, Microsoft Office, Microsoft Works, ClarisWorks, MS Word, Land Designer Pro, Permit Plan, Excel, Cornerstone, AutoCADD, PowerPoint, Publisher LL 880 N OSCEOLA AVE ° C earwat, APP2013-00003 CDB November 19th � Ciearwater Basin Marina, LLC Atias #: 277B Zoning: Downtown ng & Development Department Appeal Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY pND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE CITY CLERKS OFFICE. SECTION 4-502.A: AN APPEAL OF A LEVEL ONE (FLEXIBIE STANDARD) APPLICATION MAY BE INITIATED BY AN APPLICANT OR PROPERTY OWNERS WITHIN THE REQUIRED NOTICE AREA AND WHO PRESENTED COMPETENT SUBSTANTIAL EVIDENCE IN THE LEVEL ONE REVIEW, WHICH IS THE SUBJECT OF THE APPLICATION 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. SECTION 4502.6: APPEAL OF ALL OTHER APPLICATIONS OTHER THAN LEVEL ONE APPROVAL FLEXIBLE STANDARD MAY BE INITIATED BY THE APPLICANT, OR BY ANY PERSON GRANTED PARTY STATUS WITHIN 14 DAYS OF THE DECISION. SUCH APPLICATION SHALI BE FILED WITH THE CITY CLERK IN A FORM SPECIFIED BY TNE COMMUNITY DEVELOPMENT COORDINATOR IDENTIFYING WITH SPECIFICITY THE BASIS FOR THE APPEAL AND ACCOMPANIED BY A FEE AS RE42UIRED BY SECTION 4202(E). THE FILING OF AN APPLICATION/NOTICE OF APPEAL SHALL STAY THE EFFECT OF THE DECISION PENDING THE FINAL DETERMINATION OF THE CASE. APPEALS TO THE COMMUNITY DEVELOPMENT BOARD: $250 APPEALS TO HEARING OFFICER: $500 PROPERTY OWNER (PER DEED): Clearwater Basin Marina, LLC c+-� � _ c� �� MAILING ADDRESS: PleaSe USe agerit ``� n •_ PHONE NUMBER: EMAIL: m Y� AGENT OR REPRESENTATIVE: MAILING ADDRESS: Todd Pressman 334 Eastlake Road, #102, Palm Harbor, FL 34685 PHONE NUMBER: %27-804-1760 EMAi�: Todd(cr�,Pressmaninc.com ADDRESS OF SUBIECT PROPERTY: gg�/9�0 NOTth OSCeOIa AVe �y • : � �� _ �� LE6AL DESCRIPTION: attached (Originally case #FLD2013-05019) CASE NUMBER TO BE APPEALED: �terpretation Letter dated 9/17/13 by Mike Delk, Attached DATE OF DECISION: 9/17/13 Planning d� Development DepertmeM,100 S. Myrtle Avenue, Clearwater, F� 33756, Tel: 727�'i62-4567; Fax: 727-562-4865 Page 1 of 2 Revtsed 01/12 i_ � , n . _ _..��.� � SELECT THE SPECIFIC APPEAL: APPEALS TO THE COMMUNITY DEVELOPMENT BOARD (COB): � Orders, requirements, decisions or determinations made ❑ Any denials deemed to have occurred as result of the by an administrative official in the administration of the failure of the Community Development Coordinator to act Community Development Code, except for enforcement within the time limits provided in this Community actions. Development Code. ❑ Administrative interpretations of the Community ❑ Denials of any permit or rcense issu�ed under the Development Code. provisions of the Community Development Code; ❑ level One (Flexible Standard Development and Minimum ' Standard) approval decisions. �� u rvR� APPEALS TO A HEARING OF�ICER: ❑ Decisions of the Community Development Board regarding ❑ Level One applications. Decisions of the C�fituinity'tre�ebpmi�rrt Bri�ard're�arding Level Two applications. ❑ Any denials deemed to have occurred as a result of the failure of the Community Development Board to act within the time limits provided in the Community Development Code, or as a result of the failure of any other administrative official or body (other than the Community Development Coordinator or the City Council) to act within the time limits provided by any other applicable law, rule, policy, or regulation then in effect. BAStS OF APPEAL (Explain in detail the basis for the appeal): he issue at hand is if the newly presented site plan submitted to the Zoning Director was a substantial change as �m �ange, then the issue could be processed for a new CDB review immediately. If there was not a substantial change, then ►e applicant would have to wait nine months to submit the application again. The prirnary basis for denial of the �te ;ceptable under the City's Comp Plan and Over Lay District. In this appealed site plan, the use remains the same, a dry �at storage. The changes that were submitted to the Zoning Director included a 50% reduction in open working door .ay , n and , °een space, inclusion of a Bay district styled fountain feature, inclusion of sidewalks and bike paths, a complete re- :�entation of where the boat interfacing would take place, the inclusion of interior insulation to reduce noise and steps to i • • STATE OF FLORIDA, COUNTY OF PINELLAS j I, the undersigned, acknowledge that all Sworn to and subscribed before me this _ µ day of representations made in this application are true and � e,��Q� d�i0�3, to me and/or by accurate to the best of my knowledge and authorize City re,prts�en ' to vi 't and photograph the in this'as'6lication. owner or ., Inc., , who is personally known has produced �L � L I ?. � MY COMMtISSION i � �- EXPIRES: June 18, 2C '71 �;c, Baid�d TMu Noqry PuENc Und tary pub�ic, My commission expires: �Q. _ � O � Gi� � N' Planning & Development Departrnent,100 S. Myrtle Avenue, Clearweter, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 2 Revlsed Ot/12 GORRA'S, J. A. SUB BLK 2, LOTS 1, 2& 3& VAC 1vICHOLSON ST ADJ S OF LOT 3& SUE BARCO SUB, LOTS 13,14 & 23 & LOT 22 LESS 131.8FT X 29.56FT T/A IN SE COR & VAC 30FT UNNAMED ST W OF LOTS 13-15 & PT OF BOAT BASIN TOGETHER WITH SUBM LAND LEASE #520339'133 TO MAY 13, 2021 ALL DESC BEG NE COR OF LOT 2, BLK 2 OF J. A. GORRA'S SUB TH N14D37'S4"E 65FT ALG LOT LINE TO NE COR OF LOT 1 TH N89D11'44"W 151.3'7Fr TH N8$D53'14"W 119.57FT TH N89D26'34"W 658.64FT TO BULKHEAD LINE OF INTRACOASTAL WATERWAY TH S10D51'33"W 116FI'(S) TH S71D02'17"E 199.94FT TH S48D21'35"E 281.8FT TH S27DW 80FT(S) TH S62D35' 42"E 9.02FT TH N'72D58" 53"E 178FT(S) TH S7�D22' S6"E 74.93FT TH S89D28'E 136.63FT TH S15D58'45"W 29FT(S) TH S77D21'O1"E 29.97FT TH N15D58'45"E 58.92FT TH S77D10'47"E 99.93FT TO W R/W OF OSCEOLA AVE TH N'LY 352 FT(S) ALG R/W TO POB (PER O.R'S 14261/1149,14767/ 1989 8c17390/1266) Modifications Proposed at Clearwater Basin Marina Hig��nd Drv Stora� ' g/Re-Submit The reductian of the building size has increased the setback of the building from Osceola Street by an additional 27.5' to create a park-like amenity area and focal point at the northeast corner of the property. This change, along with reconfiguration of the parking lot, now provides the opportunity to install a public sidewalk within the property's road frontage since existing utility infrastructure conflicts have prevented the installation of a sidewalk within the right-of-way. This was the desired direction of reduction and movement of the building found in talking with the nearby residents. This was also a topic at the CDB hearing. This has resulted in an increase of open space by 5,930 SF. What is planned in this newly opened area is a fountain structure, bench, and sidewalk to run inside the property, of which would be designed along the Old Bay style. The sidewalk will allow pedestrian access by bike and foot all the way to the park located at the Western point of the Seminole Boat Ramp area, of which the park will be improved by the applican� The park is in dismal condition at the moment. In regard to the operation of the site, the interior of the building will be outfitted with insulation to reduce noise. Noise will also be reduced by elimination of the entry or working door of which was facing the South on the previous building. Now, the only operational opening door will be to the Wes� Noise will be even further reduced by the use of a two man flag crew versus one man on a fork lift, of which the latter would have required the typical reverse beeping alarm signal when the forklift is in reverse mode. Parking has also been increased to a total of 88 spaces for the high and dry and the marina. ,�_ ;._ _ � . ��,�� +,'. �t-� ,< . ; "� ', . � � `� � ;� "�'� � ' :'� � � j k , � �- �"�4• � " �'�� ,; ,� > -, �, �, : a ^ '+r °^ ,�.i ,��,'y n�_� �� *$"t �, � � *, ,"�r�,�,� �ir�l• - "t �+ V.. � r ..m� � ¢� �MrFJ . �� r;r�\ �,:f r «.' �Si,,,;�# �-:� �.,. h�„�� a�� I�i :I�III� �; ��I ��'�� I, �� . � � � �t��r• . �` ' , . . � � �� i �� i � � . 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CITY OF CLEARWATER P�sT O��E Box 4748, C��A�, Fu�►�DA 33758-4748 MUNICIPAL SERVICES BUILDING� 100 SouTx M�x�r�.EAvEr,uE, CLEARWATER� FLO�UA 337?6 TELEPHONE �%2%� SVZ-45�7% F� <72� 562-4865 September 17, 2013 PLANNING (4L DEVELOPMENT Todd Pressman Pressman & Associates, Inc. 334 East Lake Road, #102 Palm Harbor, FL 34685 Re: Modifications Proposed at Clearwater Basin Marina High and Dry Storage Building/Re-Submit Mr. Pressman: Planning and Development Department staff has reviewed the changes proposed in your letter with regard to the High and Dry Storage Building proposed at the Clearwater Basin Marina. Staff has determined that the changes will not result in the proposal meeting the transitional requirements along the north boundary of the Old Bay District (and we have no mechanism to vary from that); and that the use is still a high and dry marina which the Community Development Board (CDB) has determined to not be permitted within this area of the Old Bay District/Downtown (D) District. While the changes being proposed may address some or all of the concerns of the neighborhood, it does not address the issues that staff has with the application; namely that the proposal is generally inconsistent with Code and the adopted Clearwater powntown Redevelopment Plan. As such, it is not apparent how our staff repor•t would change in any meaningful way with regard to content and recommendation. It is also not apparent how this rEVisec! �roposa� is n�t substart'sa!!y similaa tc t"at which was �rev�ously d�ni�d; an� therefor� I do not believe that we could accept the application until after the nine month resubmittal time frame has expired. Should you have any questions, please feel free to contact me Respectfully, �/ /I' Michael Delk, AICP, Planning and Development Department Director •� �■�J ��EQUAL EMPfAYMENT AND AFFIRMATIVE AC770N EMPWYER � .� - ', ;_ py��pi�' R ^ ��.i� �{ ; � � �a... i� � .. . .. . .. � .. . �� , 2 �� `;�f °� � .�� , :�� .�� d . , > . _ . . P. . .� .. ?� &F � � • 1 �` s � ,f. +y��+l� •"# y. : ,"'.` � 4I � ` . h a !4t%.� ffi. ` 1 � � � ��i i u �� a', . � � .,. . , . �. .- �..� .h4. 5 .: *' y .: ,�. �: . .,- �, . 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