7924-08
ORDINANCE NO. 7924-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMPREHENSIVE PLAN OF THE CITY AS
ADOPTED ON MAY 18, 2000, AND AS SUBSEQUENTLY AMENDED,
BY AMENDING THE FUTURE LAND USE ELEMENT BY ADDING AN
OBJECTIVE AND POLICIES PERTAINING TO TOURISM; ADOPTING
ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT
ACCOMMODATIONS IN THE RESORT FACILITIES HIGH (RFH) LAND
USE MAP CATEGORY CONSISTENT WITH THE "RULES
CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE
FUTURE LAND USE PLAN"; BY ADDING OVERNIGHT
ACCOMMODATIONS AS A PRIMARY USE IN THE INDUSTRIAL
LIMITED (IL) LAND USE MAP CATEGORY AND ESTABLISHING BASE
AND ALTERNATIVE DENSITIES FOR SUCH USE CONSISTENT WITH
THE "RULES CONCERNING THE ADMINISTRATION OF THE
COUNTYWIDE FUTURE LAND USE PLAN"; DELETING THE RESORT
FACILITIES OVERLAY (RFO) FUTURE LAND USE AS A FUTURE LAND
USE MAP CATEGORY; TO MODIFY THE ALLOWABLE IMPERVIOUS
SURFACE RATIO IN THE COMMERCIAL GENERAL FUTURE LAND
USE MAP CATEGORY CONSISTENT WITH THE MAXIMUM ALLOWED
BY THE "RULES CONCERNING THE ADMINISTRATION OF THE
COUNTYWIDE FUTURE LAND USE PLAN"; AND MAKING MINOR
EDITORIAL CHANGES; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE;
WHEREAS the Local Government Comprehensive Planning and Land
Development Regulation Act of Florida empowers and requires the City Council of the
City of Clearwater to plan for the future development and growth of the City, and to
adopt and periodically amend the Comprehensive Plan, including elements and
portions thereof; and
WHEREAS, the City Council approved Ordinance Numbers 6794-01, 7295-04,
7388-05, and 7782-07 which amended the Comprehensive Plan of the City on July 12,
2001, October 7,2004, October 20,2005, and August 14, 2007, respectively; and
WHEREAS, tourism is a major contributor to the economic health of the City
overall and the City desires to support the tourism industry; and
WHEREAS, increases in overnight accommodation density do not result in
permanent population increases; and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, has
amended the "Rules Concerning the Administration of the Countywide Future Land Use
Plan", via Pinellas County Ordinance No. 07-50, to provide for alternative density and
intensity standards for the overnight accommodation use; and
Ordinance No. 7924-08
WHEREAS, amendments to the Comprehensive Plan of the City have been
prepared in accordance with the applicable requirements of law, after conducting the
appropriate planning analysis, and public participation through public hearings,
opportunity for written comments, open discussion and the consideration of public and
official comments; and
WHEREAS, the Community Development Board, serving as the designated
Local Planning Agency for the City, has held a public hearing on the proposed
amendments and has recommended adoption of the proposed Comprehensive Plan
amendments; and
WHEREAS, the proposed amendments have been transmitted to the Florida
Department of Community Affairs for review and comments, and the objections,
recommendations and comments received from the Florida Department of Community
Affairs have been considered by the City Council, together with all comments from local
regional agencies and other persons, in preparing the final draft of the amendments;
and
WHEREAS, the City Council finds it necessary, desirable and proper to adopt
the amendments to the objectives and policies of the Comprehensive Plan in order to
reflect changing conditions; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Amendments 1 - 2 to the Clearwater Comprehensive Plan
attached hereto as Exhibit "A" are hereby adopted.
Section 2. This ordinance shall become effective when the Department of
Community Affairs (DCA) issues a final order determining the adopted amendment to
be in compliance, or the Administration Commission issues a final order determining
the adopted amendments to be in compliance, in accordance with Section 163.3184,
163.3187, or 163.3189, F.S., as amended.
PASSED ON FIRST READING
April 17, 2008
Approved as to form:
July 17, 2008
Mayor -(; EH':1 F1cilfflel"l"lbe@
Attest:
Leslie Dougall-Si
Assistant City At
2
Ordinance No. 7924-08
EXHIBIT A
ATTACHMENT TO ORDINANCE 7924-08
AMENDMENT 1 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND
POLICIES
Add Objective 2.6 and Policies 2.6.1 through 2.6.3 of Goal 2 of the Plan starting from page A-
7 as follows:
* * * * *
2.6 Objective - Tourism is a substantial element of the City's economic base and as
such the City shall continue to support the maintenance and enhancement of
this important economic sector.
Policies
2.6.1 The City supports and encourages the continued development and
redevelopment of overnight accommodation uses.
2.6.2 The City supports the adoption of higher density/intensity standards for
overnight accommodation uses such that a sufficient supply shall be
available within the City provided that concurrency standards are met.
2.6.3 The City shall continue to work with the Clearwater Beach Chamber of
Commerce, Clearwater Regional Chamber of Commerce, and the Tourist
Development Council to promote Clearwater as a tourist destination.
* * * * *
AMENDMENT 2 - FUTURE LAND USE ELEMENT GOALS, OBJECTIVES AND
POLICIES
Amend Policy 3.2.1 on pages A-9, A-10 and A-11 asfollows:
* * * * *
Ord. No. 7924-08, Exhibit "A"
PLAN CLASSIFICA nON PRIMARY USES PER MAX. DENSITY / INTENSITY PER PLAN CONSISTENT ZONING DISTRICTS
PLAN CATEGORY CATEGORY
Residential Estate Very Low Density 1 Dwelling Unit Per Acre Low Density Residential (LDR)
(RE) Residential
Residential Suburban Low Density Residential 2.5 Dwelling Units Per Acre Low Density Residential (LDR)
(RS)
Residential Low Low Density Residential 5 Dwelling Units Per Acre Low Density Residential (LDR);
(RL) Low Medium Density Residential (LMDR)
Residential Urban Urban Low Density 7.5 Dwelling Units Per Acre Low Medium Density Residential (LMDR);
(RU) Residential Medium Density Residential (MDR)
Residential Low Medium Low to Moderate Density 10 Dwelling Units Per Acre Mobile Home Park (MHP)~
(RLM) Residential Medium Densitv Residential (MDR)
Residential Medium Moderate to High I2en.sity 15 Dwelling Units Per Acre Medium Density Residential (MDR);
(RM) Residential Medium Hilili Density Residential (MHDR)
Residential High High Density Residential 30 Dwelling Units Per Acre Medium High Density Residential (MHDR);
(RH) Hil!h Densitv Residential rHDR):
30 Dwellinl! Units Per Acre; FAR 1.2' ISR Q.95~
5O..0vernight Accommodations 1 !nits Pef Acre' I
FAR I j. I__R () Q,\ (R, .'" 50 UP/'.
Overninht Accommodillions' 70 Units Per Acre; I
I ,~ss TI~~n I A CI'P ( ^ . If') FAR? O' ISR () 9")
Overnight Accommodations' 90 llnits Ppr Acre'
High Density Retween 1 and 1 Acres FAR 10' ISR 09") Tourist (T);
Resort Facilities High (^ 1. ".: Ie)
(RFH) ResidentiaVOvernight ()verni~ht Accommodations' High Density Residential (HDR);
Accommodations 110 1 !nils Per Acre' Commercial (C)
(Jreilter Thiln 1 Acres FAR 40: ISR 09")
(
antlOr as set forth in Beach by Design: A I
Preliminary Designfor Clearwater Beach and
Design Guidelines, the special area plan governing
Clearwater Beach adopted by Ord. No. 6689-0 Land
ilS ilmended.
2
Ord. No. 7924-08, Exhibit "A"
Dwellil,g Units pel ~based 01, t!.e lIndcil}ilig
lcsidoJtial plan categuly, ()'Ll1,ight
Res(1Il Idcilities O,ella) aCCOli1lnodatiol,s anttin,*+,34 to tl,e pel\1,ittcd
tRFBJ lilllllbcl of d \"\cllil.g units (}f Ul,d':;ll} il,g I esidclttial
plan categ(}ly. 1:,R --=lJa3ed (}Ii undeilying Icsidential Mcdill!1I Del,sit) Residel,tial (MDR)
(May 01.1) be applied (hel Res idel, t i at:'e-v-emlght pial' categ(}ly ,+A:R~'-lm$t'thll' ulJdellyilJg Mediun, 11igl. Del,sit) Residential (MllDR)
tl,e Residential Medilllll al.d AccolulJ,lJdati-om rcsidcntialland use eate~OI \. 11igh DCl,sity Residential (I !DR)
R(sidel,tiallligl, 01 as set fOI t], in nt:!(/( Ii Dt Dc,\''r:,11. A f){ "'imillo/)
Cl,1.ssificatiol, througl, a Design/ol C~ledf I"HAlt~, nUll h uild De.sigl/
futUlc Land Use PIal, Map Guidclit/e,;. tl,e special alea pIal' govcll,ing
!\nlcndmcl,t) Cleal MttCt Dead, ad(Ipt(d by 01 d. No. 6689-01 ,u,d
as alllelldcd. I
Residential/Office Limited Low Density 7.5 Dwelling Units Per Acre; FAR .0.40; ISR .0.75 Office (0);
Low Medium Densitv Residential (LMDR~
(RlOL) Residential/Office Office (0);
Residential/Office General Medium Density 15 Dwelling Units Per Acre; FAR 0.50; ISR.o.75 Medium Density Residential (MDR)
(RlOG) Residential/Office
Residential; Office; Retail;
Central Business District Public/Semi-Public Uses as As set forth in the approved Redevelopment Plan Downtown (D)
(CBD) indicated in approved
Redevelopment Plan
18 Dwelling Units Per Acre; 0, elll igl,t
Residential; Residential ACCOllllllodatiolts 30 Uliits Pel Aue. FARJl.40; ISR Office (0);
Residential/Office/Retail Equivalent; Office; Retail; 0.85 Commercial (C);
(RlO/R) Overnight accommodation; 10 Ovemirht Accommodation I 111 it" Per Acre' FAR Medium Density Residential (MDR) I
PersonallBusiness Services 040' ISH 0 is')
Commercial Neighborhood Office; Retail; Personal 10 Dwelling Units Per Acre; F ARJl.40; ISR 0.80 Commercial (C); I
Office (0)
(CN) Service
18 Dwelling Units Per Acre; OvCllli",J.t
ACCOIlJllllJdatiolls 30 Units PGI ACl e, FAR 0.45; ISR
Office; Retail; Overnight .0.85 Commercial (C);
Commercial Limited Accommodations; Personal Office (0) I
(CL) Service 10 Overni~ht Accommodntion llnits Per Acre; FAR
04')' ISR () &5
3
Ord. No. 7924-08, Exhibit "A"
24 Dwelling Units Per Acre; O,ell1ight
Office; Retail; Personal A-eeOllllIlodatiul1s 40 Units Pel -Acre:: FAR a.55; ISR
Commercial General Service; Overnight :~JL2.Cl Commercial (C);
(CG) Accommodations; 40_QYcrnighLA ccommodat ionJJlliliPcrAcreJ'AR Office (0) I
Wholesale; Warehouse
f1.5.s~lSRJl.9.0
FAR a.65; ISR a.85 I
'in Overnig:ht Accommodation Ilnits Per Acre' FAR
Light Manufacturing; o 6'i" ISR 0 R'i [Subject to Master Development Plan
Industrial Limited Ovemirht requirements in Section J 11 6 1 of the Countywide
(IL) Accommodations; PLm RII!ps'llfb"p) Industrial, Research and Technology (lRT)
ResearchlDevelopment; 1'i Overni;.rht AccommodationlJnits Per Acre: FAR
Wholesale; Warehouse l..S~ ISR 0 R'i [Sllhject to Master Development Plan
reqllin'ments in Section :;1 1 1 () I of the ('ollntywide
PlaILRl des 1 I A It., . . . - \
Light and/or Heavy
Industrial General Manufacturing; Wholesale; I
(lG) Warehouse; FAR a.75; ISRa.95 Industrial, Research and Technology (lRT)
ResearchlDevelopment;
Vehicular Salva2:e
Recreation/Open Space Public/Private Open Space I
(RlOS) and/or Recreation Facility; FAR a.25; ISR a.60 Open Space/Recreation (OS/R)
Beach/Water Access
Preservation Natural/Undeveloped Water I
(P) Features; Beaches and FAR a.10; ISR a.20 Preservation (P)
Dunes
Institutional PubliclPrivate Schools; 12.5 Dwelling Units Per Acre; FAR a.65; ISR a.85;
(I) Churches; Public Offices; Hospital Bonus Provision FAR 1.0 Subject to Bonus Institutional (I)
Hosnitals Provisions Provided Below
Transportation/Utility Airports; Marina; Utility FARa.70; ISRa.90 Institutional (I) I
(T/m Facilities
Open/Undeveloped
Water/Drainage Overlay Consistent with N/A Preservation (P)
Water/Draina2:e Features
FAR bonus provisions for hospital uses in the ilnstitutional classification:
4
Ord. No. 7924-08, Exhibit "A"
L Hospital uses must be based on and subject to an approved final master plan or site plan; and
2. The master plan or site plan must include any and all adjacent, contiguous, or touching property, structures, facilities, and uses, which are:
a. Attributable to common ownership; or
b. Part of a common plan of operation, administration, promotion, advertising, service, or business; or
c. Voluntarily sharing facilities or infrastructure; or
d. Used in any way in conjunction with the hospital use; and
3. Where the municipal boundary of any adjoining local government is contiguous to or within 150 feet of the hospital use, the provisions set forth hereunder shall apply. The
City shall approve the final master or site plan or any amendment thereto, subject to the following specific provisions:
a. The hospital use shall not exceed aFAR of 1.l.65 for the uses located within 150 feet of a municipal boundary of adjoining local government(s);
b. Adjoining local government(s) shall be given an opportunity to review and comment on the master plan or site plan, or any amendment thereto, as it applies to the
property within 150 feet of the municipal boundary. This shall include the following:
I) Transmittal of two copies of the master plan or site plan or any amendment thereto, to the adjoining local government(s) not less than 30 days prior to scheduled
action by the City;
2) The opportunity and specific process by which to provide comments and recommendations by the adjoining local government(s) so as to be timely and
meaningfully considered by the City.
c. Any proposed use within 150 feet of adjoining local government(s) shall be so designed and located as to consider specifically each of the following:
1) The height of any building or structure in relationship to the distance form adjoining property and buildings in the adjoining jurisdiction(s) to ensure minimum
negative visual impact based on the standards for setback, separation distance and buffering in the adjoining local government(s).
2) The separation distance and landscape buffer provisions for any vehicular use, storage, or service area or structure, consistent with the character and use of the
adjoining property based on the standards for such buffer area in the adjoining local government(s).
3) The landscape treatment, including the type, size and intensity of vegetative buffer areas consistent with the character and use of the adjoining property based on the
standards for such landscape treatment in the adjoining local government(s).
4) That no use shall constitute a nuisance with respect to noise, odor, air quality, fire or explosive hazard, vibration or electromagnetic interference based on the
performance standards in the adjoining local government(s).
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Ord. No. 7924-08, Exhibit "A"