APP2014-00001COMMUNITY DEVELOPMENT BOARD
ClearWater
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
MEETING DATE:
AGENDA ITEM:
CASE:
REQUEST:
GENERAL DATA:
Agent...........................
Owners ............................
Location ..........................
Property Size ....................
Future Land Use Plan......
Zoning ..........................
Adjacent Zoning.... North:
South:
East:
West.
Existing Land Use .............
Proposed Land Use.........
May 20, 2014
F.1
APP2014 -00001
An appeal from a Level One (Comprehensive Sign Program) approval decision
pursuant to Community Development Code Section 4- 502.A, that the requested
additional attached sign as a Comprehensive Sign Program is inconsistent with the
Comprehensive Sign Program flexibility criteria as set forth in Community
Development Code Sections 3- 1808.C.1.a and b.
Thomas J. Trask, Esquire
Harbor Oaks Condominium Association
1001 South Fort Harrison Avenue; Located at the southeast corner of South Fort
Harrison Avenue and Magnolia Drive.
1.27 acres
Commercial General (CG)
Commercial (C) District
Office (0) and Commercial (C)
Commercial (C)
Institutional (I)
Office (0)
Office and Medical Clinic
Office and Medical Clinic
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PLANNING & DEVELOPMENT
JJJIII „ DEVELOPMENT REVIEW DIVISION
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ANALYSIS:
The 1.27 acre subject property is
West building fa5aide approved by FLD2 8 05414
located at the southeast corner of
South Fort Harrison Avenue and�)�e��y
Magnolia Drive.d
On January 13, 2014, a
Comprehensive Sign Program
(CSP) application was submitted %
requesting an additional attached
sign on the second floor of the west building
facade. Following a determination that the
application was complete on January 24, 2014,
staff reviewed the request.
Community Development Code (CDC) Section
3- 1807.C.1.a requires the signs proposed in a
comprehensive sign program to be designed as a
part of the architectural theme of the principal
buildings proposed or developed on the parcel
proposed for development. Review by staff
determined that the facade of the building was
approved through Level 11 request with
application number FLD2008- 05014. Great
attention was made to the design of all four
building facades to create a consistent theme.
Architectural elements include a specific
fenestration pattern of windows and shutters,
standing seam metal roof, stone work, matching
paint colors, columns, detailed string course and
cornice, ornamental support brackets and down
lighting. Due to the architectural details, the lack
of a sign band area on the second floor provides
no appropriate building facade area for the
placement of the proposed third attached sign.
The proposed sign centered on the second story
of the west facade requires the removal of two
decorative window shutters. This will disrupt the
placement of the shutters which is an integral
component of the fenestration pattern. As such,
the attached sign location is found to be in
conflict with the aforementioned Code section in
that the signs proposed in a comprehensive sign
program are to be designed as part of the
architectural theme of the principal building.
Community Development Board May 20, 2014
FLD2014 -03009 — Page 1
PLANNING & DEVELOPMENT
JJJII
Cl DEVELOPMENT REVIEW DIVISION
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CDC Section 3- 1087.C.1.b requires that the design, character, location and /or materials of all and
attached signs proposed in a comprehensive sign program shall be demonstrably more attractive
than signs otherwise permitted on the parcel proposed for development under the minimum signs
standards. As previously mentioned, the proposed sign location requires the removal of two
decorative shutters which are part of a specific fenestration pattern. A well - designed building
facade includes careful coordination of the architectural design and signage. The proposed sign
location was not included in the design of the building and would disrupt the rhythm of the
building facade. Therefore, the attached sign is not deemed demonstrably more attractive than
signs otherwise permitted on the parcel proposed due to the proposed sign location.
On February 14, 2014, the Planning Department issued a development order denying the
application, based upon the following findings of fact and conclusions of law:
Findings of Fact:
1. That the 1.27 acres is located at the southeast corner of South Fort Harrison Avenue
Magnolia Drive;
2. That the subject property is currently developed with a two -story building with Office and
Medical uses approved by the Community Development Board (CDB) through Level II
application with number FLD2008 -05014 on July 15, 2008;
3. That the design of the building facade was reviewed and approved under FLD2008- 05014;
4. That pursuant to FLD2008 -05014 condition of approval number eight, all future signage
must meet the requirements of Code and be architecturally integrated with the design of the
building with regard to proportion;
5. That through minimum sign standards approval, there exists a freestanding sign at the
northwest corner of the property, one attached sign for American Momentum Bank and one
for Bayside Urgent Care on the west building facade and one attached sign on the north
building facade for Bayside Urgent Care;
6. That the existing attached sign locations on the west building facade respect and are
appropriate to the overall architectural vocabulary of the facade;
7. That the applicant name is displayed on the existing freestanding sign;
8. That both the American Momentum Bank and Bayside Urgent Care business are located on
the ground floor of the building with separate entrances for the respective businesses;
9. That pursuant to CDC Section 3- 1807.B.3.a, under minimum sign standards, one attached
sign shall be permitted for each building structure. For any building structure with multiple
business tenants on the ground floor, one attached sign may be permitted per business
establishment with a principal exterior entrance;
10. That the business is located on the second floor and the sign is proposed to be located on the
second story of the west building facade;
11. That the proposed sign cannot be requested through minimum standards and a
comprehensive sign program application request is required;
12. That the proposed sign location on the second floor alters the building facade approved
through FLD2008 -05014 by the removal of two shutters;
13. That pursuant to CDC Section 3- 1808.C.1.a, CSP general principle, the signs proposed in a
CSP shall be designed as a part of the architectural theme of the principal building;
Community Development Board May 20, 2014
FLD2014 -03009 — Page 2
• ° C�p�J�����N . PLANMNG&DEVELOPMENT
��«�� 1 DEVELOPMENT REVIEW DIVISION
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14. That pursuant to CDC Section 3-1808.C.1.b, the location of all attached signs proposed in a
CSP shall be demonstrably more attractive than signs otherwise permitted on the parcel
proposed for development under the minimum sign standards; and
15. That the proposed sign is not proportional to the space to which it is attached.
Conclusions of Law:
1. That the Comprehensive Sign Program application is not consistent with the Comprehensive
Sign Program review principles pursuant to CDC Section 3-1808.C.1.a and 3-1808.C.1.b.;
and
2. That the denial of the CSP request does not preclude signage on the site for this tenant.
An appeal from the above Level One (Comprehensive Sign Program) decision was filed on
behalf of the property owner by Trask, Metz & Daigneault on February 20, 2014, consistent with
the timeframe established for an appeal to be initiated in CDC Section 4-502. Pursuant to CDC
Section 4-SO1.A.3, the Community Development Board (CDB) has the authority to hear appeals
from Level One (Comprehensive Sign Program) decisions. On March 26, 2014, the applicant
requested the application not be heard until the May 20, 2014 CDB meeting.
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 public health, safety and general
welfare.
Prepared by: Planning Department Staff:
Matthew J c son, Planner II
ATTACHMENTS:
❑ Development Order Issued on February 14, 2014
❑ Resume
S.• IPlanning DepartmentlC D BlAppealslFt Harrison S 1001 Tresk, Metzger & Daigneult (0) MJIAppeal Staff Report 03.12./4.doc
Community Development Board May 20, 2014
FLD2014-03009 — Page 3
Matthew Jackson
100 South Myrtle Avenue
Clearwater, Florida 33756
(727) 562-4504
matthew. jackson(a�mvclearwater.com
PROFESSIONAL EXPERIENCE
❑ Planner III February 2013 to present
Ciry of Clearwater, Clearwater, Florida
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, and making presentations to various City Boards and Committees.
❑ Planner II
City of Clearwater, Clearwater, Florida May 2011 to February 2013
October 2008 to June 2010
Regulate growth and development of the City in accordance with land resource ordinances and
regulations related to community development. Landscape plan review including: conceptual, and
variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of
development plans and their compatibility with surroundings. Interdepartmental and zoning
assistance. Respond as a City representative to citizens, City ofiicials, and businesses concerning
ordinances and regulations. Make recommendations and presentations at staff level at various review
committees, boards, and meetings.
❑ Planner I
Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007
Project manager for various development applications such as plat, site plan, rezoning and variances.
In-depth government agency, in-house and client coordination to ensure that the projects maintained
submittal schedules stayed within budget constraints and attained approval. Schedule and lead
project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting
documents and make site visits as well. Research and prepare due diligence reports including subject
matter such as zoning, land uses, densities, available public utilities and land development costs.
Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made
disasters affecting Calvin, Giordano and Associates and local municipalities.
❑ Manager
Church Street Entertainment, Orlando, Florida September 1999 to February 2004
Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment
complex including 100+ staff. Conducted hiring and training operations including security and
inventory control. Managed and reconciled nightly gross revenues as well as preparing and
delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing
and special events.
o Linguist
USArmy, Fort Campbell, KY October 1991 to October 1995
Maintain fluency in the Arabic language and knowledge of customs and culture as well as military
readiness for possible deployments or training operations. Co-managed intelligence gathering
operation in Haiti including coordination between multiple Special Forces units and civilian
authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison
between Special Forces battalions to coordinate certification training.
EDUCATION
❑ Master of Arts, Urban and Regional Planning, Florida Atlantic University, 2007
❑ Bachelor of Arts, Urban and Regional Planning, Rollins College, 2004
.
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1001 S FT HARRISON AVE
APP2!�14-00001
1
Trask, Metz 8 Daigneault Attorneys at Law
Zoning: Commerc�al At{as #: 2958
IT IS INCUMBENT UPON THE APPLiCANT TO SUBMlT COMPLETE AND CORRECT INFORMATIQN. ANY MISLEADING, DECEPTIYE,
I�ICaMPIETE OR lNCORRECT INfORMATION MAY INVAtlDATE YOUR APPl1CATION.
Atl APPLICATI�NS ARE TO BE FlLIED OUT COAAPLETELY AND CORRECTLY, AND SU BMITTED IN PERSUN (NO FAX OR QELIVERIES)
TO THE CITY CLERKS OFFICE.
SECTION d-502.A: AI1i APPEAL QF A LEVEL ONE (FLEXBLE STANdARD} APPLICATION MAY B� INI71A'i�D BY AN APPLtCANT dR
PROPERTY OW NERS WITHIN THE REQUIRED NOTICE AREA AND WHO PRESENTED COMPE7ENT SUBSTANTIAL EViDENCE 1!V THE
LEVEL ONE REVIEW, WHICH tS THE SUBJEC7' OF TN� APPLICATiON ihfITHIIV SEVEN DAYS OF THE DA7E THE DEYELOPMENT
�RDER t51SSl:ED. T4E FI LING OF AN APPLICATIOP1f NOTICE OF APPEAL SHALL STAY TH E EFFECT OF THE DECISION PENDING THE
FfNAL DETERMINATION pF THE CA5E.
SECI`ION 4502.6: APPEAL OF ALL OTHER APPUCATIONS UTHER THAN LEVEL UNE APPRQVAL FLEXBIE 5TANDARD MAY BE
iNIT1ATED BY THE APPUCAIVT, OR BY ANY PERSON GRANTED PARTY STATUS WI7HIN 14 DAYS OF THE DECIStON. SUCH
APPLICAI'{QN SNALL BE FILED WITH THE CITI CLERK IN A FORM 5PE[IfiED BY THE COMMUNIT1t DEVELOPMENT COORDINATOR
IDENTIFYING WITH SPECIFICITY THE BAS1S F�R THE APPEAL AND ACCOMPANIED BY L� FEE AS REQUIREd BY SECTt011142Q2{E}.
THE FIIING OIF AN APPUCATION/NOTiCE OF APPEAL SHALL STAY THE EFFECf O� TH� DECISION PENDING THE FINAL
DETERMIIVATIdN OF THE CASE.
APPEALS?O 7HE tOF1AMUN►TY DEVELOPMENT BOARD: $250
APPEALS TO HEARING OFFICER: �70�I
PROPERTYOWNER(PERDEEDI: ��'�o �� �.,q��_��r�/�ar�r�u�v1 :fis-��l��f/�I.%C�/�1
MAIUNG ADDRESS: ,SU �,f�i'��1,%� � / ` LE ,��!��1�.� � � ^0(,--
PHONE NUMBER:
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AGENT OR REPRESENTATiVE: %fj
MAILING ADDRESS:
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ADDRESSOFSUBIECTPROPERTY: I�L�� S��•� eJ�T �,CJ� Sa/1! %IliL L�G ��� r
PARCEL NUMBER(Sj: j� - �`-r " t � �,C.�; ? � Z�_-s�L��_____ _ _
LEGAL QESCRIPTION:
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CASE NUMBER TO BE APPEALEO: � 5���} �� G' G{� �
DATE OF DECISION: 1`��;r��U-/��� %�'JL � (l��
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Planning & Oevelopment Oepartment, 900 S. Myrtte Avenue, Clearwa4er, PL 33758, Tef: 727-562-4567; I�ax: i27-562-4865
Page 1 of 2 Revised 01112
�3�SG
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SEIECT THE SPECIPIC APPEAL:
APPEALS i0 7HE COMMUNITY DEVELOPMfNT SOARD (CD8):
�' drders, requirernents, decisians or determinations made CI Aa�y denials deemed to have occurred as result of the
by an administrafive offieiai in the admi.nistrativn of the failure of the Gomm�nity. bevelopment Coordinator to act
Community Development Code, except for enforcement within the time limits provided in this Community
actions. Development Code.
0 Administrative interpretations of the Community ❑ Denials of any perrnit or ficensc issued under the
�evelapment Code. provisians of the ComrnunfEy Developrner►t Code.
❑ Level Qne (Flexible Standard Development and Minimurn
Standardj approval decisians.
APPEAL5 FCl A HEARING OFFICER:
❑ becisions of the Community De�elopment Board regarding ❑ Decisions of the Community Developrnent Board regarding
Levef One applications. �evel Two apptications.
0 Any denials deemed to have occurred as a result of the failure of the Community Development Board to act witf�in tfie tirrie
limits provided in the Commun�ty Development Code, or as a resuit of the failure of any other administrative official or body
(other than the Community Devefopment Coordinator or the Ciry Councilj to act within the time limits provided by any other
appticable taw, rule, policy, or regulation then in effect.
BASIS OF APPEAL (Explain in detail the basis for the appeal}:
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STATE OF FLORIDA, COUNTY QF PINELLAS r�\..
I, the undersigned, acknowledge that all S r to and subscribed before me this day of
representations made in this applicafion are true and ���,��(,( � , � , to me and/or by
accurate ta the best of my knowiedge and authorize —' �
City rPprPSentaHves to visit and photograph the C_ � ` , who is ersonally kno`wT�as
properry described in this apptica % on. i-""-'"-
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_pr9duced as identification,
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ature of propqFty owner or representative
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Planning 8 Development Department, 1QQ S. Nlyrtle Avenue, Clearwater, FL 3375 7� �69i+1� f�Ik0�2Qf�562-4865
Page 2 of 2
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