7926-08
ORDINANCE NO. 7926-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR
OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY
WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO
ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT
USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE
CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE
AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR
EDITORIAL CHANGES BY AMENDING SECTION 2-701.1, "MAXIMUM
DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING
TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD
DEVELOPMENT", SUBSECTION 2-703.G, "INDOOR
RECREATION/ENTERTAINMENT", TO MODIFY THE FLEXIBILITY
CRITERIA FOR SAME; AMENDING SECTION 2-703, "FLEXIBLE
STANDARD DEVELOPMENT", SUBSECTION 2-703.M, "OVERNIGHT
ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR
SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT",
SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO
MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING
SECTION 2-704, "FLEXIBLE DEVELOPMENT", BY ENACTING A NEW
SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT",
AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING
SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO
MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802,
"FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-802.J,
"OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY
CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE
DEVELOPMENT", SUBSECTION 2-803.1, "OVERNIGHT
ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR
SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT
POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING
SECTION 2-1304, "FLEXIBLE DEVELOPMENT", "TABLE 2-1304", TO
ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE
INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND
MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304,
"FLEXIBLE DEVELOPMENT", SUBSECTION 2-1304.E, "OVERNIGHT
ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR
SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD
DEVELOPMENT", 'TABLE 2-1403", TO REMOVE THE OVERNIGHT
ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE
STANDARD DEVELOPMENT", TO DELETE SUBSECTION 2-1403.C,
"OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING
SECTION 2-1404, "FLEXIBLE DEVELOPMENT", "TABLE 2-1404", TO
MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102,
"DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT
ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGHT
ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE
CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
Ordinance No. 7926-08
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater adopted a new Community Development Code on
January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, the Board of County Commissioners of Pinellas County, Florida, have
adopted, by amending the "Rules Concerning the Administration of the Countywide Future Land
Use Plan," alternative density and intensity standards for overnight accommodations via
Pinellas County Ordinance No. 07-50, and
WHEREAS, 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, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
Section 2-701.1, "Maximum development potential", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 2-701.1. Maximum development potential.
The Commercial District ("C") may be located in more than one land use category. It is
the intent of the C District that development be consistent with the Countywide Future Land Use
Plan as required by State law. The development potential of a parcel of land within the C District
shall be determined by the standards found in this Development Code as well as the
Countywide Future Land Use Designation of the property. Development potential for the
Countywide Future Land Use Designations that apply to the C District are as follows:
Countywide Future Land Use
Desi nation
Commercial Nei hborhood
Commercial Limited
Commercial General
Residential/Om ce/Retai I
Resort Facilities Hi h
Maximum Floor Area Maximum Overnight
Ratio/1m ervious Sur ace Ratio Accommodation Units Per Acre
er acre FAR .40/ISR .80 NI A
er acre FAR .45/ISR .85 30 units er acre
er acre FAR .55/ISR .9~0 40 units er acre
er acre FAR .40/ISR .85 30 units er acre
er acre FAR 1.0/ISR .95 50 units er acre
Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
Section 2-703.G, "Indoor recreation/entertainment", of the Community Development Code, be,
and the same is hereby amended to read as follows:
G. Indoor recreation/entertainment.
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Ordinance No. 7926-08
1. Off-street parking: The physical characteristics of a proposed building are such that the
likely uses of the property will require fewer parking spaces per floor area than otherwise
required or that the use of significant portions of the building will be used for storage or
other non-parking demand-generating purposes~; and
2. Lot area and/or lot width: The reduction shall not result in a buildinq which is out of scale
with existinq buildinqs in the immediate vicinity.
Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
Section 2-703.M, "Overnight accommodations", of the Community Development, be, and the
same is hereby amended to read as follows:
M. Overnight accommodations.
1. Lot area and/or width: The reduction shall in lot area and 'Nidth 'Nill not result in a
building which is out of scale with existing buildings in the immediate vicinity of the
parcel proposed for development;
2. Location: The parcel proposed for development fronts on but will not involve direct
access to a major arterial street unless no other means of access would be possible;
3. Height:
a. The increased height shall results in an improved site plan throuqh landscape
areas in excess of the minimum required dimensions, and landscape materials in
excess of the minimum required Quantities, landscaping areas in excess of the
minimum required ::md/or improved design :md 3ppe~lr:mce; and
b. The increased height will not reduce the vertical component of the view from any
adjacent residential property.
4. Signs: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front lot line of the parcel proposed for
development unless such signage is a part of an approved comprehensive sign
program.
5. Side and rear setback:
3. The reduction in side or re3r setb3ck does not prevent 3ccess to the re3r of 3ny
building by emergency vehicles;
b. The reduction in side or re3r setb3ck results in 3n improved sito pl3n, more
efficient p3rking or improved design 3nd 3ppe3r3nce;
c. The reduction in side or re3r setback does not reduce the 3mount of landscaped
area othervvise required.
a. The reduced setback does not prevent access to the rear of any buildinq by
emerqency vehicles and/or personnel;
b. The reduced setback results in an improved site plan throuqh the provision of a
more efficient off-street parkinq area, and/or improved buildinq desiqn and
appearance; and
c. The reduced setback will not result in a loss of landscaped area. as those areas
beinq diminished by the setback reduction will be compensated for in other areas
throuqh a Comprehensive Landscape Plan; and
6. The parcel proposed for development shall. if located within the Coastal Storm Area,
have a hurricane evacuation plan reQuirinq the use close when a hurricane watch is
posted.
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Ordinance No. 7926-08
Section 4. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
Section 2-704.K, "Overnight accommodations", of the Community Development Code, be, and
the same is hereby amended to read as follows:
K. Overnight accommodations.
1. Lot area and/or width: The reduction shall in lot are::l ::lnd 'Nidth 'Nill not result in a
building which is out of scale with existing buildings in the immediate vicinity ef---tAe
p::lrcel proposed for development;
2. Loc3tion: The use of the p::lrcel proposed for development 'Nill not involve direct ::lccess
to ::l m::ljor ::lrteri::ll street The parcel proposed for development fronts on but will not
involve direct access to a maior arterial street unless no other means of access would be
possible;
3. Height:
a. The increased height shall results in an improved site plan throuqh landscape
areas in excess of the minimum required dimensions. and landscape materials in
excess of the minimum required quantities, l::lndsc::lping ::lre::lS in excess of the
minimum required ::lnd/or improved design ::lnd ::lppearance; and
b. The increased height will not reduce the vertical component of the view from any
adjacent residential property.
4. Signs: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front lot line of the parcel proposed for
development unless such signage is a part of an approved comprehensive sign
program;
5. Side and rear setback:
3. The reduction in side ::lnd re::lr setb3ck does not prevent 3ccess to the re::lr of any
building by emergency vehicles;
b. The reduction in side 3nd re3r setb3ck results in ::In improved site pl3n, more
efficient p::lrking or improved design ::lnd 3ppe3rance.
a. The reduced setback does not prevent access to the rear of any buildinq bv
emerqencv vehicles and/or personnel;
b. The reduced setback results in an improved site plan throuqh the provision of a
more efficient off-street parkinq area, and/or improved buildinq desiqn and
appearance; and
c. The reduced setback will not result in a loss of landscaped area, as those areas
beinq diminished bv the setback reduction will be compensated for in other areas
throuqh a Comprehensive Landscape Plan.
6. Front setback: The reduction in front setb3ck results in ::In improved site plan or
improved design 3nd 3ppe3r::lnce.
a. The reduced setback shall result in an improved site plan throuqh the provision of
a more efficient off-street parkinq area, and/or improved buildinq desiqn and
appearance; and
b. The reduced setback will not result in a loss of landscaped area, as those areas
beinq diminished bv the setback reduction will be compensated for in other areas
throuqh a Comprehensive Landscape Plan; and
7. The parcel proposed for development shall, if located within the Coastal Storm Area,
have a hurricane evacuation plan requirinq the use close when a hurricane watch is
posted.
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Ordinance No. 7926-08
Section 5. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")",
Section 2-704, "Flexible development", of the Community Development Code, be, and the same
is hereby amended to add a new subsection 0, "Indoor recreation/entertainment", and re-
lettering the subsequent subsections as appropriate:
D. Indoor recreation/entertainment.
1. Lot area and/or lot width: The reduction shall not result in a buildinQ that is out of scale
with existinQ buildinQs in the immediate vicinity:
2. Heiaht: The increased heiQht shall result in an improved site plan throuQh landscape
areas in excess of the minimum required dimensions, and landscape materials in excess
of the minimum required quantities;
3. Front setback: The reduced setback shall result in an improved site plan throuQh the
provision of a more efficient off-street parkinQ area, and/or improved buildinQ desiQn and
appearance:
4. Side and rear setbacks:
a. The reduced setback does not prevent access to the rear of any buildinQ bv
emerQenCV vehicles and/or personnel;
b. The reduced setback results in an improved site plan throuQh the provision of a
more efficient off-street parkinQ area, and/or improved buildinQ desiQn and
appearance; and
5. Off-street parkina: The phvsical characteristics of a proposed buildinQ are such that the
Iikelv uses of the property will require fewer parkinQ spaces per floor area than otherwise
required or that the use of siQnificant portions of the buildinQ will be used for storaQe or
other non-parkinQ demand-QeneratinQ purposes.
Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District CT')", Section
2-801.1, "Maximum development potential", of the Community Development Code, be, and the
same is hereby amended to read as follows:
Section 2-801.1. Maximum development potential.
The Tourist District ("T") may be located in more than one land use category. It is the
intent of the T District that development be consistent with the Countywide Future Land Use
Plan as required by state law. The development potential of a parcel of land within the T District
shall be determined by the standards found in this Development Code as well as the
Countywide Future Land Use Designation of the property. For those parcels within the T District
that have an area within the boundaries of and governed by a special area plan approved by the
City Commission Council and the Countywide Planning Authority, maximum development
potential shall be as set forth for each classification of use and location in the approved plan.
Development potential for the Countywide Future Land Use Designations that apply to the T
District are as follows:
I ~::~=E::'d I ;;~~;: I E=;~'" Rati, I ~~~~~m_w.,
Countywide Future Land
Use Desirmation
Maximum Overnight
Accommodations Units
Per Acre *
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Ordinance No. 7926-08
Land Accommodations Accommodations Uses Base Alternative
(Base) (Alternative)
Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 1.0/ISR .95 50 Less than
units per acre one acre: 70
FAR 3.0/ISR .95 Between
one acre
and three
acres: 90
FAR 4.0/ISR .95 reater thar
three acres:
110
* Or as set forth in Beach hv Design: A Preliminarv Desifm for Clearwater Beach and Desifln Guidelines, the medal area plan
floverninf[ Clearwater Beach adooted hv Ord. No. 6689-01 and as amended.
Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District crr, Section
2-802.J, "Overnight accommodations", of the Community Development Code, be, and the same
is hereby amended to read as follows:
J. Overnight accommodations.
1. Loc:Jtfon: The use of the parcel proposed for development will not involve direct access
to a major arterial street With the exception of those properties located on Clearwater
Beach, the parcel proposed for development shall front on but shall not involve direct
access to a maior arterial street unless no other means of access would be possible;
2. Height: The increased height results in an improved site plan and/or improved design
and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front lot line of the parcel proposed for
development unless such signage is a part of an approved comprehensive sign
program;
4. Front setback:
a. The reduced setback shall contribute to a more active and dynamic street life:
b. The reduced setback shall result in an improved site plan throuah the provision of
a more efficient off-street parkina area. and/or improved buildina desian and
appearance; and
c. The reduced setback will not result in a loss of landscaped area. as those areas
beina diminished by the setback reduction will be accommodated for in other
areas throuah a Comprehensive Landscape Plan.
4~. Setb:Jcks Side and rear setbacks:
a. The reduction in front setback contributes to a more active and dynamic street
~
b. The reduction in front setback results in an improved site plan or improved
design and appearance;
c. The reduction in side and rear setbacks does not prevent access to the rear of
any building by emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more
efficient parking or improved design and appear::mce;
e. The reduction in side and rear setbacks does not reduce the amount of
landscaped :Jrea otherwise required.
a. The reduced setback does not prevent access to the rear of any buildina by
emeraency vehicles and/or personnel:
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Ordinance No. 7926-08
b. The reduced setback results in an improved site plan throuoh the provision of a
more efficient off-street parkino area. and/or improved buildino desion and
appearance: and
c. The reduced setback will not result in a loss of landscaped area, as those areas
beino diminished by the setback reduction will be compensated for in other areas
throuoh a Comprehensive Landscape Plan.
~Q.. The design of all buildings shall comply complies with the Tourist District site and
architectural design guidelines in Section 3-501. as applicable: Division 5 of Article 3.
eZ. Lot width: The reduced reduction in lot width shall wH-l not result in a building which is out
of scale with existing buildings in the immediate vicinity: and of the parcel proposed for
development.
8. The parcel proposed for development shall, if located within the Coastal Storm Area.
have a hurricane evacuation plan requirino the use close when a hurricane watch is
posted; and
9. A Development Aoreement must be approved by the City Council pursuant to Florida
Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the
development proposal exceeds the base density and/or base F.A. R. established for the
underlyino Future Land Use desionation. The Development Aoreement shall:
a. Comply with all applicable requirements of the "Rules Concerning the
Administration of the Countywide Future Land Use Plan" as they pertain to
alternative density/intensity, and as amended from time to time;
b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239,
F.S, with a COpy filed with the Property Appraiser's Office. and a COpy submitted
to the PPC and CPA for receipt and filino within fourteen (14) days after
recordino: and
c. Have its development limitations memorialized in a deed restriction. which shall
be recorded in the Official Records of Pinellas County prior to the issuance of
any buildino permit for the overnioht accommodations use.
Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section
2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same
is hereby amended to read as follows:
I. Overnight accommodations.
1. Location: The use of the parcel proposed for development will not involve direct access
to an arterial street With the exception of those properties located on Clearwater Beach.
the parcel proposed for development shall front on but shall not involve direct access to
a maior arterial street unless no other means of access would be possible;
2. Height: The increased height results in an improved site plan and/or improved design
and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more
than six feet above the finished grade of the front lot line of the parcel proposed for
development unless such signage is a part of an approved comprehensive sign
program;
4. Front setback:
a. The reduced setback shall contribute to a more active and dynamic street life;
b. The reduced setback shall result in an improved site plan through the provision of
a more efficient off-street parkino area. and/or improved buildino design and
appearance; and
- 7 -
Ordinance No. 7926-08
c. The reduced setback will not result in a loss of landscaped area. as those areas
beino diminished by the setback reduction will be compensated for in other areas
throuoh a Comprehensive Landscape Plan.
4,2. Satb:Jcks Side and rear setbacks:
a. The reduction in front setb:3ck contributes to :3 mora active :3nd dynomic street
~
b. The reduction in front setb:3ck results in on improved site pion or improved
design and :3ppe:3r:3nce;
c. The reduction in side and re:3r setbock does not prevent occess to the reor of :3ny
building by emergency vehicles;
d. The reduction in side ond re:3r setb:3ck results in :3n improved site pl:3n, more
efficient porking or impro'.'ed design :3nd :3ppeoronce;
a. The reduced setback does not prevent access to the rear of any buildino by
emeroency vehicles and/or personnel;
b. The reduced setback results in an improved site plan throuoh the provision of a
more efficient off-street parkino area. and/or improved buildino desion and
appearance; and
c. The reduced setback will not result in a loss of landscaped area. as those areas
beino diminished by the setback reduction will be compensated for in other areas
throuoh a Comprehensive Landscape Plan.
52. The design of all buildings shall comply complies with the Tourist District site and
architectural design guidelines in Section 3-501. as applicable; Division 5 of Article 3.
gZ. Lot area and/or width: The reduction shall in lot :3re:3 ond width will not result in a
building which is out of scale with existing buildings in the immediate vicinity ef-.tRe
parcel proposed for dovelopment;
8. The parcel proposed for development shall. if located within the Coastal Storm Area.
have a hurricane evacuation plan requirino the use close when a hurricane watch is
posted; and
9. A Development Aoreement must be approved by the City Council pursuant to Florida
Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the
development proposal exceeds the base density and/or base F.A.R. established for the
underlyino Future Land Use desionation. The Development Aoreement shall:
a. Comply with all applicable requirements of the "Rules Concernino the
Administration of the Countywide Future Land Use Plan" as they pertain to
alternative density/intensity. and as amended from time to time;
b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239.
F.S. with a copy filed with the Property Appraiser's Office. and a COpy submitted
to the PPC and CPA for receipt and filino within fourteen (14) days after
recordino; and
c. Have its development limitations memorialized in a deed restriction. which shall
be recorded in the Official Records of Pinellas County prior to the issuance of
any buildino permit for the overnioht accommodations use.
Section 9. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT")", Section 2-1301.1, "Maximum development potential", of the
Community Development Code, be, and the same is hereby amended to read as follows:
Section 2-1301.1. Maximum development potential.
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Ordinance No. 7926-08
The Industrial, Research and Technology District ("IRT") may be located in more than
one land use category. It is the intent of the IRT District that development be consistent with the
Countywide Future Land Use Plan as required by State law. The development potential of a
parcel of land within the IRT District shall be determined by the standards found in this
Development Code as well as the Countywide Future Land Use Designation of the property.
Development potential for the Countywide Future Land Use Designations that apply to the IRT
District are as follows:
Countywide Maximum Maximum Floor Area Ratio/Impervious Surface Ratio Maximum OvernifIht
Future Land Dwelling Units Overnight OvernifIht Non-Residential Accommodation Units per
Use Designation per Acre of Accommodations Accommodations Uses Acre
Land (Base) (Alternative) Base Alternative
Industrial Limited N/A FAR .65/ISR .85 FAR I .5/ISR .85 FAR .65/ISR .85 50 r subiect to 75 r subiect to
master master
development development
Jlliill Jlliill
requirements in requirements in
Section Section
2.3.3.6. I of the 2.3.3.6. I of the
Countvwide Countywide
Plan Rulesl Plan Rulesl
Industrial General N/A N/A N/A FAR .75/ISR .95 N/A N/A
Section 10. That Article 2, "Zoning District", Division 13, "Industrial, Research and
Technology District ("IRT"), Section 2-1304, "Table 2-1304", of the Community Development
Code, be and the same is hereby amended to read as follows:
Table 2-1304. "IRT" District Flexible Development Standards
Min. Lot Min. Lot Min. Setbacks (ft.)
Uses Area Width (ft.) Max. Height (ft.) Min. Off Street Parking
(sq. ft.) Front * Side SidelRear
Adult Uses (1) 10,000 100 20 15 15 30 5/1,000 SF GFA
Determined by the
Comprehensive Infill community development
Redevelopment n/a n/a n/a n/a n/a n/a director based on the
Project specific use and/or ITE
Manual standards
Nightclubs (2) 10,000 100 20 15 15 30 15/1,000 SF GFA
Offices 10,000 100 20 12 15 30 3/1 ,000 SF GF A
Overnight 40,000 200 20 12 15 50 l/UNIT
Accommodations (3)
Salvage Yards 40,000 200 20 12 15 30 1/200 SF of office space
Self Storage 20,000 100 20 12 15 30 1 per 20--25 units plus 2
for manager's office
Social/Public Service 10,000 100 20 12 15 30 3/1,000 SF GFA
Agencies (4)
Telecommunication 10,000 50 25a 1.Q -W/20 Refer to Section nla
Towers 3-2001
* The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full
setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in
excess of the minimum required.
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Ordinance No. 7926-08
(1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a
project in the Industrial General land use plan map category.
(3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or e)(ceea 25
percent of a project area in the Industrial GeReralland use plan map category.
(4) Social/public service agencies shall not exceed five acres.
Section 11. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT")", Section 2-1304.E, "Overnight accommodations", of the Community
Development Code, be, and the same is hereby amended to read as follows:
E. Overnight accommodations.
1. The parcel proposed for development is not contiguous to a parcel of land with a
residential desionation 'Nhich is design:lted :lS rcsidenti:ll in the Zoning Atlas;
2. The p:lrcel proposed for development :lbuts :In :lrteri:ll street;
3. The use of the p:lrcel proposed for development will not involve direct :lccess to :In
:lrteri:ll street.
2. The parcel proposed for development shall front on but shall not involve direct access to
a maior arterial street;
3. Siqns: No sion of any kind is desioned or located so that any portion of the sion is more
than six feet above the finished orade of the front lot line of the parcel proposed for
development unless such sionaoe is a part of an approved comprehensive sion
prooram;
4. The parcel proposed for development shall, if located within the Coastal Storm Area,
have a hurricane evacuation plan requirino the use close when a hurricane watch is
posted; and
5. A Development Aoreement must be approved by the City Council pursuant to Florida
Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the
development proposal exceeds the base density and/or base F.A.R. established for the
underlyino Future Land Use desionation. The Development Aoreement shall:
a. Comply with all applicable requirements of the "Rules Concernino the
Administration of the Countywide Future Land Use Plan" as they pertain to
alternative density/intensity, and as amended from time to time;
b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239,
F.S, with a copy filed with the Property Appraiser's Office. and a COpy submitted
to the PPC and CPA for receipt and filino within fourteen (14) days after
recordino; and
c. Have its development limitations memorialized in a deed restriction. which shall
be recorded in the Official Records of Pinellas County prior to the issuance of
any buildino permit for the overnioht accommodations use.
Section 12. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation
District ("OSR")", Section 2-1403, "Table 2-1403", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Use
Table 2-1403. "OSR" District Flexible Standard Development Standards
Min. Lot Min. Lot Min. Setbacks (fl.) Max. Height Min. Off-Street
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Ordinance No. 7926-08
Size (sq. ft.) Width (ft.) (ft.) Parking
Front Side Rear
Governmental Use N/A N/A N/A N/A N/A N/A N/A
~ 2.5--5 per
10,000 SF land
area or as
determined by
Outdoor 2.5 acres 200 25 20 25 30 the community
Recreation/Entertainment development
coordinator
based on ITE
Manual
standards
Overnight .^.ccommodations WfA Wa ~ W ~ W see StaRaards
Parking Garages and Lots 20,000 100 25 10 20 50 N/A
Public Transportation Facilities N/A N/A N/A N/A N/A 10 N/A
Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF
GFA
Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF
GFA
Utility/Infrastructure Facilities N/A N/A 25 10 20 N/A N/A
Section 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation
District ("OSR")", Section 2-1403, "Flexible standard development", of the Community
Development Code, be, and the same is hereby amended to delete subsection C, "Overnight
accommodations", and re-Iettering the subsequent subsections as appropriate:
C. Overnight Clccommodations.
1. The use is accessory to private clubs;
2. No more than one unit per golf course hole or one unit per t'//o marina slips, one per
tennis court or four per swimming pool, but in no case more than 18 units on a single
parcel proposed for development;
3. The use is limited to use by members of the club or their guests;
Section 14. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation
District ("OSR")", Section 2-1404, "Table 2-1404", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Table 2-1404. "OSR" District Flexible Stumki,"ti Development Standards
Min. Lot Size Min. Lot Max. Height Min. Off-Street
Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking
Front Side Rear
Determined by
the community
Comprehensive Infill development
N/A N/A N/A N/A N/A N/A coordinator
Redevelopment Project based on the
specific use
and/or ITE
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Ordinance No. 7926-08
I Manual
standards
Section 15. That Article 8, "Definitions and Rules of Construction", Section 8-102,
"Definitions", of the Community Development Code, be, and the same is hereby amended to
read as follows:
* * * * * * * * * *
Overniaht Accommodation Unit means an individual room. rooms or suite within an
overniqht accommodations use desiqned to be occupied. occupied. or held out to be occupied
as a sinqle unit for temporary occupancy.
* * * * * * * * * *
Overnight Accommodations means any use that provides transient lodging
accommodations to the public, a membership group, or members of an association, including
interv31 ownership. Allowable accessory uses shall bo integral to the princip31 use 3nd m3Y
include, but shall not be limited to, offices, restaurants and retail provided such uses 3re integral
to the prim3ry use a facility containinq one or more overniqht accommodation units. the
occupancy of which occurs. or is offered or advertised as beinq available. for a term of less than
31 days or one calendar month. whichever is less. In determininq whether a property is used as
an overniqht accommodation use. such determination shall be made without reqard to the form
of ownership of the property or unit. or whether the occupant has a direct or indirect interest in
the property or unit; and without reqard to whether the riqht of occupancy arises from a rental
aqreement. other aqreement. or the payment of consideration.
* * * * * * * * * *
Section 16. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 17. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 18. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 19. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 20. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 17. 2008
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Ordinance No. 7926-08
. ,
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall- Id s
Assistant City Attor
- 13 -
TlIly 17 I ?OOR
~j/~~
~nk V. Hibbard
Mayor
Attest
Ordinance No. 7926-08