6981-02
ORDINANCE NO. 6981-02
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE COMMUNITY DEVELOPMENT CODE;
AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING
SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT, WHICH ESTABLISHES
ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED
ONLY IN THE ISLAND ESTATES NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT; PROVIDING AN
EFFECTIVE DATE
WHEREAS, the Island Estates neighborhood has developed the Island Estates
Neighborhood Plan pursuant to Community Development Code Section 4-608, which
supports additional code requirements to implement the Plan; and
WHEREAS, the City of Clearwater has approved the Island Estates Neighborhood
Plan in Resolution No. 02-23; and
WHEREAS, the City of Clearwater has determined that additional standards shall
be applied to the Island Estates neighborhood to implement such plan; and
WHEREAS, the residents of Island Estates voted on certain additional standards
that shall be applied to the Island Estates neighborhood to implement such plan; and
WHEREAS, the Island Estates neighborhood via the Island Estates Civic
Association has committed to be a partner with the City in implementing the provisions of
this overlay district by committing to educating neighborhood property owners of the
overlay district requirements and providing the initial means of enforcement of any violation
of the requirements of the overlay district pursuant to Community Development Code
Section 4-608(E); and
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
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:
Ordinance No. 6981-02
Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 Island
Estates Neighborhood Conservation Overlay District is hereby created containing the
following provisions.
2-1602 Island Estates Neighborhood Conservation Overlav District.
A. Intent and Purpose. The Island Estates Neiqhborhood Plan was developed in
response to neiqhborhood needs and approved by the City Commission on Auqust
8, 2002 to provide quidance and policy direction for all public and private actions
within and in the vicinity of the Island Estates neiqhborhood. The intent and
purpose of the Island Estates Neiqhborhood Conservation Overlav District
(IENCOD) is to provide overlay requirements to ensure that infill and redevelopment
activities are consistent with the protection of the existinq established character
within the district and to protect the health, safety and qeneral welfare of the district.
Development and redevelopment shall be reviewed for consistency with the Island
Estates Neiqhborhood Plan. Any development requestinq flexibility from the
minimum development standards of the IENCOD shall be consistent with the Island
Estates Neiqhborhood Plan.
B. Jurisdictional Boundaries. The Island Estates Neiqhborhood Conservation Overlay
District (IENCOD) shall be consistent with the boundaries of all the land in
Clearwater Harbor, known as Island Estates Iyinq northerly of the northerly riqht of
way line of Memorial Causeway, less and except the followinq described tracts: (1)
All of Block C. and Lots 1-3. 7. 9-13, Block D, and the westerly 61 feet of the
vacated riqht-of-way of Dory Passaqe, Unit 5 Island Estates of Clearwater as
recorded in Plat Book 51. Paqe 34. of the Public Records of Pinellas County.
Florida; (2) Beqin at the most easterly corner of Lot 13. Block D of Unit 5 Island
Estates of Clearwater; as recorded in Plat Book 51. Paqe 34. of the Public Records
of Pinellas County. Florida; thence N49023'41"W. 100.00 feet; thence N04023'41"W,
71.42 feet, to a point on a curve to the left; thence alonq the arc of said curve.
havinq a radius of 70.00 feet, a chord bearinq of N75047'40"E, a chord lenqth of
23.86 feet, 23.98 feet; thence S49023'41"E, 136.75 feet; thence S08012'32"E, 81.05
feet; thence S40036'19''W. 16.63 feet; thence N49023'41"W. 61.00 feet to the Point
of Beqinninq; (3) Island Yacht Club Condominium. as recorded in Condominium Plat
Book 39, Paqe 74. of the Public Records of Pinellas County. Florida; (4) the land
bounded on the north by Dory Passaqe. on the south by Windward Passaqe, on the
west by Larboard Way and on the east by Island Way.
C. Relationship to Underlvinq Districts and Other Provisions of the Community
Development Code. The desiqnation of the Island Estates Neiqhborhood
Conservation Overlay District on the zoninq atlas provides requirements in addition
to those contained in the Low Medium Density Residential. Medium Density
Residential. Medium Hiqh Density Residential. Hiqh Density Residential. Institutional
and Commercial Districts. The provisions contained herein shall qovern in this
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Ordinance No, 6981-02
overlav district onlv. Issues not specificallv addressed in this overlav district shall be
Qoverned bv the remaininQ provisions of this Communitv Development Code.
D. Minimum standard development for areas zoned LMDR/IENCOD. The followinQ
uses are Level One permitted uses in the LMDRI/ENCOD District subiect to the
minimum standards set out in this Section and other applicable provisions of Article
3.
Table 2-1601(0). "LMDRlIENCOD" Minimum Development
Min. Lot Min. Lot Max. Min. Off-
Use Area Width Min. Setbacks (ft.) Heiqht Street
(Sq. ft.) (fU (ft.) (1) Parkinq
Front Side Rear (2)
Accessory
pools and
screen
enclosures 5 10
Community
Residential
Homes (up to 7,500 50 25 7.5 15 30 2/unit
6 residents)
Detached
Dweiii nQs 7,500 50 25 7.5 15 30 2/unit
(1) In special flood hazard areas desiQnated by the National Flood Insurance ProQram, maximum heiqht
is measured above base flood elevation.
(2) Any pool exceedinq 1 foot in heiqht above qrade shall comply with the required rear setback for the
principal structure. Waterfront detached dwellinqs in the LMDRIIENCOD 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 adiacent structures on either side of the parcel proposed for development are setback 20 feet
and then the rear setback shall be 20 feet. The BuiJdinq Code may require the rear setback to be at
least 18 feet from a seawall.
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Ordinance No, 6981-02
E. Flexible standard development for areas zoned LMDR/IENCOD. The followinQ
Level One uses are permitted in the LMDR/IENCOD District subject to the standards
and criteria set out in this Section and other applicable reQulations in Article 3.
Table 2-1601 (E). "LMDR/IENCOD" Flexible Standard Development
Min. Lot Min. Lot Max. Min. ott-
Use Area Width Min. Setbacks (ft.) Heiqht Street
(Sq. ft.) (ftl (ft.) (1) Parkinq
Front Side Rear (2)
Detached 7,500 50 15-25 7.5 5 - 15 30 2/unit
DwellinQs
Residential Infill n/a n/a 15-25 3-7.5 5 - 15 30 2/unit
Proiect (3)
Utilityl
Infrastructure n/a n/a 25 10 15 n/a n/a
Facilities (4)
(1) In special flood hazard areas desiqnated by the National Flood Insurance Proqram, maximum heiqht
is measured above base flood elevation.
(2) Any pool exceedinq 1 foot in heiqht above qrade shall comply with the required rear setback for the
principal structure. Waterfront detached dwellinas in LMDR/IENCOD 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
adiacent structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Buildina Code may require the rear setback to be at least
18 feet from a seawall.
(3) The development standards for residential infill proiects are auidelines and may be varied based on
the criteria specified in Section 2-1602.E.2.
(4) Utilitvlinfrastructure uses shall not exceed three acres. Any such use, alone or when added to
contiquous like uses which exceed three acres shall require a land use plan map amendment to
transportation/utilitv which shall include such uses and all contiquous like uses,
Flexibilitv criteria:
1. Detached Dwellinqs.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates NeiQhborhood Plan.
b. Front setback:
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Ordinance No. 6981-02
I. A determination of the front setback shall consider the extent to
which existinQ structures in the neiQhborhood have been
constructed to a reQular or uniform setback from the riQht-of-way;
ii. The reduction in front setback will not adversely affect adjacent
property values;
iii. The reduction in front setback is consistent with neiQhborhood
character;
iv. The reduction in front setback results in an efficient house layout.
c. Rear setback:
I. The reduction in rear setback will allow for the preservation of
existinQ veQetation which could not otherwise be preserved; or
ii. The reduction in rear setback will allow the development or
redevelopment of a substandard lot which would otherwise not be
feasible; or
iii. The reduction in rear setback results in an efficient house layout;
and
IV. The structures located within the rear setback otherwise required in
the LMDRlIENCOD District are buffered with landscape material or
fences to protect the privacy and value of adjacent properties.
2. Residential intil/.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates NeiQhborhood Plan;
b. SinQle-family detached dwellinQs and community residential homes with
six (6) or fewer residents are the only permitted uses eliQible for
residential infill project application;
c. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the intensity
and other development standards;
d. The development of a parcel proposed for development as a residential
infill proiect will not materially reduce the fair market value of abuttinQ
properties;
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Ordinance No. 6981-02
e. The uses within the residential infill project are compatible with adjacent
land uses;
f. The development of the parcel proposed for development as a residential
infill project will upqrade the immediate vicinity of the parcel proposed for
development;
g. 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; and
h. Flexibility in reqard to lot width, required setbacks, heiqht, off-street
parkinq, access or other development standards is justified by the benefits
to community character and the immediate vicinity of the parcel proposed
for development and the City of Clearwater as a whole.
3. Utilitv/infrastructure facilities.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates Neiqhborhood Plan;
b. The sitinq and screening of the proposed utility/infrastructure facility
protects the established character of the Island Estates neiqhborhood;
c. No above qround structures are located adjacent to a street riqht-of-way;
and
d. Any above ground structure other than permitted telecommunications
towers and utility distribution lines located on or alonq a rear lot line shall
be screened from view by a landscaped opaque wall or fence which is at
least two-thirds the heiqht of the above qround structure and shall be
landscaped with trees and hedqes which five years after installation will
substantially obscure the fence or wall and the above qround structure.
F. F/exib/e development for areas zoned L MOR/IENC 00. The followinq Level Two
uses are permitted in the LMDRlIENCOD District subject to the standards and
criteria set out in this Section and other applicable reQulations in Article 3.
Table 2-1601(E). "LMDRlIENCOD" Flexible Development
Min. Lot Min. Lot Max. Min. Off-
Use Area Width Min. Setbacks (ft.) Heiqht Street
(Sq. ft.) (ft1 (ft.) (1) Parkinq
Front I Side I Rear (2)
6
Ordinance No, 6981-02
Detached 4,500 - 25 - 50 15 - 25 3 -7.5 5 -15 30 2/unit
Dwellings 7,500
Residential Infill n/a n/a 10 - 25 0-7.5 0-15 30 1/unit
Project (3)
(1) In special flood hazard areas desiQnated by the National Flood Insurance ProQram, maximum heiqht
is measured above base flood elevation.
(2) Any pool exceeding 1 foot in heiqht above qrade shall comply with the required rear setback for the
principal structure. Waterfront detached dwellinqs in LMDRIIENCOD 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
adiacent structures on either side of the parcel proposed for development are setback 20 feet and
then the rear setback shall be 20 feet. The Suildinq Code may require the rear setback to be at least
18 feet from a seawall.
(3) The development standards for residential infill proiects are quidelines and may be varied based on
the criteria specified in Section 2-1602.F.2,
Flexibilitv criteria:
1. Detached DweJlinqs.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates Neiqhborhood Plan;
b. Minimum lot size per dwellinq of less than 7,500 square feet is an existinq
lot or a lot size of less than 7,500 square feet is necessary to the
development or redevelopment of a vacant lot which would otherwise not
be economically feasible;
c. The volume to lot size ratio of the structures to be developed on the lot is
not more than ten percent qreater than the averaqe volume to lot size
ratio of all existinq structures located on the same local street and within
a 700 feet radius of the lot;
d. Front setback:
i. The existinq structures alonq the same side of the road have been
constructed with irreqular setbacks and the proposed reduction in
front setback will not be out of character with the neiqhborhood;
ii. The extent to which existinq structures in the neiqhborhood have
been constructed to a reqular or uniform setback from the riqht-of-
way;
iii. The reduction in front setback will not adversely affect adjacent
property values;
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Ordinance No. 6981-02
II
e. Rear setback:
i. The reduction in rear setback will allow for the preservation of
existinQ veQetation which could not otherwise be preserved;
ii. The reduction in rear setback will allow the development or
redevelopment of a substandard structure which would otherwise
not be feasible; or
iii. The reduction in rear setback will result in an efficient house layout.
f. Side setback: The reduction in side setback will allow for the preservation
of existinQ veQetation that could not otherwise be preserved.
2. Residentiallnfi/l.
a. The development or redevelopment of the parcel proposed for
development is consistent with the Island Estates NeiQhborhood Plan;
b. SinQle-family detached dwellinQs and community residential homes with
six (6) or fewer residents are the only permitted uses eliQible for
residential infill project application;
c. The development or redevelopment of the parcel proposed for
development is otherwise impractical without deviations from the intensity
and other development standards;
d. The development of a parcel proposed for development as a residential
infill proiect will not materially reduce the fair market value of abuttinQ
properties;
e. The uses within the residential infill proiect are compatible with adjacent
land uses;
f. The development of the parcel proposed for development as a residential
infill project will uPQrade the immediate vicinity of the parcel proposed for
development;
g. The desiQn of the proposed residential infill proiect 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; and
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Ordinance No. 6981-02
h. Flexibility in reqard to lot width, required setbacks, heiqht, off-street
parkinq, access or other development standards is 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.
G. Additional development standards for sinale-familv areas zoned LMDR/IENCOD
1. Parkinq on Landscaped Areas. The parkinq of any type of vehicle, trailer, boat,
personal watercraft, recreational vehicle. or any other similar vehicle shall be
prohibited on qrass or any other landscaped area;
2. Fences.
a. Fences shall not exceed 6 feet in heiqht between any portion of the
principal structure and any side lot line;
b. All fences between the rear buildinq setback line and the seawall shall be
non-opaque (see-throuqh);
3. Landscapinq Requirements. Use of qravel, stones, cinders and other similar
material in any yard shall be prohibited unless included as an inteqral, but minor,
element of a landscapinq plan; and
4. Outdoor Storaqe. The storaqe of commercial fishinq and crabbinq equipment
shall be prohibited outdoors on any residential property.
H. Additional development standards for multi-familv areas zoned MDR/IENCOD,
MHDR/IENCOD, HDR/IENCOD and C/IENCOD.
1. Parkinq. The parkinq of any type of vehicle, trailer, boat, personal watercraft,
recreational vehicle, or any other similar vehicle shall be prohibited on qrass or
any other landscaped area.
2. Fences.
a. Fences shall not exceed 6 feet in heiqht between any portion of the
principal structure and any side lot line.
b. All fences between the rear buildinq setback line and the seawall shall be
non-opaque (see-throuqh.)
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Ordinance No, 6981-02
3. Landscapinq Requirements. Use of qravel. stones, cinders and other similar
material in any yard shall be prohibited unless included as an inteqral, but minor,
element of a landscapinq plan.
4. Outdoor Storaqe. The storaqe of commercial fishinq and crabbinq equipment
shall be prohibited outdoors on any residential property.
I. Additional development standards for areas zoned I/IENCOD.
1. Landscapinq Requirements. Use of qravel. stones, cinders and other similar
material in any yard shall be prohibited unless included as an inteqral. but minor,
element of a landscapinq plan.
Section 2. This ordinance shall take effect on September 9,2002.
PASSED ON FIRST READING
Auqust 8,2002
PASSED ON SECOND AND FINAL
READING AND ADOPTED AS AMENDED
August 22, 2002
Approved as to form:
Attest:
~..()-' ~~
. ~j. 4t/.~
~Cynthi . o~dea.u
1) City Clerk ',' , ,
- _ w " .. -
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Ordinance No. 6981-02