6680-01
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ORDINANCE NO. 6680-01
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AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 2, ZONING DISTRICTS, BY REVISING
SECTION 2-103 LOW DENSITY RESIDENTIAL FLEXIBLE
STANDARD DEVELOPMENTS BY ADDING RESIDENTIAL
INFILL DEVELOPMENT STANDARDS AND FLEXIBILITY
CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-203 LOW MEDIUM DENSITY RESIDENTIAL
FLEXIBLE STANDARD DEVELOPMENT BY ADDING
RESIDENTIAL INFILL DEVELOPMENT STANDARDS AND
FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING
DISTRICTS, SECTIONS 2-704, 2-1302, 2-1303, AND 2-1304 BY
REVISING THE MINIMUM OFF-STREET PARKING
REQUIREMENTS FOR SELF STORAGE IN THE COMMERCIAL
AND INDUSTRIAL, RESEARCH, AND TECHNOLOGY
DISTRICTS; BY AMENDING ARTICLE 2, ZONING DISTRICTS,
SECTION 2-801.1 MAXIMUM DEVELOPMENT POTENTIAL, BY
ADDING PROVISIONS ALLOWING SPECIAL AREA PLANS TO
SUPERSEDE DEVELOPMENT POTENTIAL ENUMERATED
FOR THE TOURIST DISTRICT; BY AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS, DIVISION 5 DESIGN
STANDARDS, SECTION 3-501 TOURIST DISTRICT BY
INCORPORATING THE DESIGN GUIDELINES ESTABLISHED
IN BEACH BY DESIGN BY REFERENCE; BY AMENDING
ARTICLE 5, DECISIONMAKING AND ADMINISTRATIVE
BODIES, SECTION 5-202 BY ADDING AN ALTERNATE
MEMBER TO THE COMMUNITY DEVELOPMENT BOARD;
AMENDING ARTICLE 5, DECISIONMAKING AND
ADMINISTRATIVE BODIES, SECTION 5-203 BY ADDING A
PROCESS FOR THE ALTERNATE BOARD MEMBER TO
PARTICIPATE IN MEETINGS TO ESTABLISH A QUORUM OR
WHEN A REGULAR MEMBER IS ABSENT OR HAS A
CONFLICT OF INTEREST; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater has identified development standards which
need amendment to more fully implement the redevelopment intent of the Code; and
WHEREAS, the City of Clearwater has conducted an in-depth review of the
Community Development Code and has identified development standards which need
amendment; and
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Revised Ordinance No. 6680-01
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. WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing to
consider all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
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WHEREAS, the City Commission has fully considered the recommendation of the
Community Development Board and testimony submitted at its public hearing; now
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Section 2-103, "LDR" District Flexible
Standards is hereby amended by revising the development standards table and
flexibility criteria by adding Residentiallnfill Projects as follows:
Section 2-103. Flexible Standard Development
The following Level One uses are permitted in the LDR District subject to the
standards and criteria set out in this Section and other applicable regulations in Article
3.
Table 2-103. "LDR" District Flexible Standard Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-
Area Width (ft.) (ft.) Street
(sq. ft.) (ft.) Parking
Front Side Rear
(1 )
Detached 10,000- 50 -- 25 5-15 5 - -25 30 2/unit
Dwellings -20,000 100
Residentiallnfill n/a n/a 10-- 0- -1 5 0- -25 30 1/unit
Project (3) 25
Utility/ n/a n/a 25 15 25 n/a n/a
Infrastructure
Facilities (2)
(1) The Building Code may require the rear setback on a waterfront lot to be at least eighteen
(18) feet from a seawall.
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(2) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment to
Transportation/Utility which shall include such uses and all contiguous like uses.
(3) The development standards for residential infill proiects are quidelines and may be varied
based on the criteria specified in Section 2-1 03( (8)
Flexibility criteria:
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B. Residential inti" oroiects.
1. Single family detached dwellings are the only permitted use eligible for
residential infill project application:
2. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from the intensity and other
development standards:
3. The development of the parcel proposed for development as a residential infill
project will not materiallv reduce the fair market value of abuttina properties:
4. The uses within the residential infill project are otherwise permitted in the district
5. The uses within the residential infill project are compatible with adiacent land
uses:
6. The development of the parcel proposed for development as a residential infill
proiect will upgrade the immediate vicinity of the parcel proposed for
development
7. The desion of the proposed residential infill project creates a form and function
which enhances the community character of the immediate vicinity of the parcel
proposed for development and the City of Clearwater as a whole:
8. Flexibilitv in reaard to lot width. reauired setbacks. heioht. off-street parkinq
access or other development standards are iustified by the benefits to
community character and the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
B-C. Utility /infrastructure facilities.
1. No above ground structures are located adjacent to a street right-of-way;
2. Any above ground structure, other than permitted telecommunication towers and
utility distribution lines, located on or along a rear lot line shall be screened from
view by a landscaped opaque wall or fence which is at least two-thirds the height
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of the above ground structure and shall be landscaped with trees and hedges
which five years after installation will substantially obscure the fence or wall and
the above ground structure.
Section 2. Article 2, Zoning Districts, Section 2-203, "LMDR" District Flexible
Standards is hereby amended by revising the development standards table and
flexibility criteria by adding Residentiallnfill Projects as follows:
Section 2-203. Flexible Standard Development
The following Level One uses are permitted in the LMDR District subject to the
standards and criteria set out in this Section and other applicable regulations in Article
3.
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Table 2-203. "LMDR" District Flexible Standard Development
Use Min. Min. Min. Max. Min.
Lot Lot Setbacks Height Off-
Size Width (ft.) (ft.) Street
(sq. ft.) (ft.) Parking
Front Side Rear (1)
Attached 10,000 100 25 10 15 30 1.5/unit
Dwellings
Detached 5,000 50 15--25 5 5--1 5 30 2/unit
Dwellings
n/a n/a 10 --25 0--5 0--15 30 1/unit
Residential
Infill
Proiects(3)
Utility/ n/a n/a 25 10 15 n/a n/a
Infrastructure
Facilities (2)
(1) Waterfront detached dwellings in LMDR District should be 25 feet except as provided in
Article 3 Division 8, Section 3-805 and Division 9, Section 3-904 and except where adjacent
structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Building Code may require the rear setback to
be at least 18 feet from any seawall.
(2) Utilityllnfrastructure uses shall not exceed 3 acres. Any such use, alone or when added to
contiguous like uses which exceed 3 acres shall require a land use plan map amendment to
Transportation which shall include such uses and all contiguous like uses.
(3) The development standards for residential infill proiects are Quidelines and may be varied
. based on the criteria set forth in Section 2-203(C).
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Flexibility criteria:
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C. Residential infill proiects:
1. Single familv detached dwellings are the onlv permitted use eliqible for
residential infill project application:
2. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from the intensity and other
development standards:
3. The development of the parcel proposed for development as a residential infill
project will not materiallv reduce the fair market value of abutting properties:
4. The uses within the residential infill project are otherwise permitted in the district:
5. The uses within the residential infill project are compatible with adjacent land
uses:
6. The development of the parcel proposed for development as a residential infill
project will upgrade the immediate vicinity of the parcel proposed for
development:
7. The desiqn of the proposed residential infill project creates a form and function
which enhances the community character of the immediate vicinity of the parcel
proposed for development and the City of Clearwater as a whole:
8. Flexibilitv in reqard to lot width. reauired setbacks. height. off-street parkinq
access or other development standards are iustified bv the benefits to
community character and the immediate vicinity of the parcel proposed for
development and the City of Clearwater as a whole.
G-D. Utility /infrastructure facilities.
1. No above ground structures are located adjacent to a street right-of-way;
2. Any above ground structure, other than permitted telecommunication towers and
utility distribution lines, located on or along a rear lot line shall be screened from
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view by a landscaped opaque wall or fence which is at least two-thirds the height
of the above ground structure and shall be landscaped with trees and hedges
which five years after installation will substantially obscure the fence or wall and
the above ground structure.
Section 3. Article 2, Zoning Districts, Table 2-704, "C" District Flexible
Development Standards is hereby amended by revising the minimum off-street parking
standards for Self Storage from 1 - - 10 per 1000 sq. ft. of land area to 1 per 20 units
plus 2 for manager's office.
Section 4. Article 2, Zoning Districts, Table 2-1302, "IRT" District Minimum
Standard Development is hereby amended by revising the minimum off-street parking
requirements for Self Storage from 2/1000 SF GFA to 1 per 20 units plus 2 for
manager's office.
Section 5. Article 2, Zoning Districts, Table 2-1303, "IRT" District Flexible
Standard Development is hereby amended by revising the minimum off-street parking
requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for
manager's office.
Section 6. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible
Development is hereby amended by revising the minimum off-street parking
requirements for Self Storage from 2/1000 SF to 1 per 20 - 25 units plus 2 for
manager's office.
Section 7. Article 2, Zoning District, Section 2-801.1 Maximum Development
Potential is hereby amended 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 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 aoverned bv a
special area plan approved by the City Commission and the Countywide Planning
Authoritv. maximum development potential shall be as set forth for each classification of
use and location in the approved plan.
Section 8. Article 3, Development Standards, Division 5 Design Standards,
Section 3-501, Tourist District Is hereby revised as follows:
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Section 3-501 Tourist District [Reseryed].
The design quidelines for development in the Tourist District located within the
boundaries governed bv Beach by Desiqn are hereby incorporated bv reference.
Section 9. Article 5, Decisions Making and Administrative Bodies, Section 5-202
is hereby amended by revising as follows:
Section 5-202. Membership; terms; vacancies; removals
A. The community development board shall be composed of seven reqular
members and one (1) alternate, who are residents of the city, to be appointed by
the city commission.
B. In making appointments to the community development board, the city
commission shall seek a membership with diverse economic, social and
professional representation and shall include members qualified and
experienced in the fields of architecture, planning, landscape architecture,
engineering, construction, planning and land use law and real estate.
c.
The regular members of the community development board shall serve at the
pleasure of the city commission for four year terms with staggered initial terms so
that no more than two terms shall expire in any calendar year. Members may be
reappointed for one successive term. Appointments to fill any vacancy of the
board shall be for the remainder of the unexpired term. Appointments to
unexpired terms shall not count as one of the two terms for which a member is
eligible for appointment, unless the unexpired terms is two years or more. The
alternate community development board member shall serve at the pleasure of
the city commission for a four year term and may be reappointed for one
successive term. In the event the alternate member is appointed as a regular
member. the term already served as an alternate shall not be consider part of
the allowable term as a reaular member.
D. Any member failing to establish a regular attendance record at meetings of the
board shall be subject to removal from the board in accordance with the
provisions of section 2.066 of the city's code.
Section 10. Article 5, Decisions Making and Administrative Bodies, Section 5-
203 is hereby amended by revising as follows:
Section 5-203. Meetings, quorum and required vote.
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A regular meeting schedule shall be set by the community development board
and special meetings may be called by the chairperson or a majority of the
board.
B. No meeting of the community development board may be called to order, nor
may any business be transacted, without a quorum consisting of a least five
members of the board being present. The alternate member may be called upon
to establish a auorum and durinq such participation shall have all the rights and
responsibilities of a regular member. All actions of the board shall require the
concurring vote of at least four members of the board. In the event that less than
all the members of the board are present at a meeting, an applicant shall have
the right to request and obtain a continuance of the hearing of the application for
development approval until the next regularly scheduled meeting of the board.
The alternate board member shall serve on the board in the absence of a board
member at a board meetina or during an aqenda item when a regular member
can not vote due to a conflict of interest.
C. If a matter is postponed due to lack of a quorum, the chairperson of the board
shall set a special meeting as soon as practicable to consider such matter.
Section 11. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
March 22, 2001
PASSED ON SECOND AND FINAL
READING AND ADOPTED
April 5, 2001
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Brian J. A gst ,
Mayor-Commissioner
Approved as to form:
Attest:
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City Clerk 0 == - .
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Leslie Dougall-Si es
Assistant City Attorney
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