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7106-03 ORDINANCE NO 7106-03 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY DELETING ONE OF THE FLEXIBILITY CRITERIA FOR COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS IN THE COMMERCIAL, TOURIST, DOWNTOWN, OFFICE, INSTITUTIONAL, INDUSTRIAL RESEARCH TECHNOLOGY AND OPEN SPACE AND RECREATION DISTRICTS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18 SIGNS, BY MAKING REVISIONS AND/OR ADDING PROVISIONS TO PROHIBITED SIGNS, SIGNS ALLOWED IN RESIDENTIAL ZONING DISTRICTS, DIRECTIONALIINFORMATIONAL SIGNS SERVING A PUBLIC PURPOSE; SUBDIVISION NAME/LOGO ON STREET SIGNS WITHIN CITY RIGHTS-OF-WAY AND ADOPT-A-PARK SIGNS LOCATED IN CITY RIGHTS-OF-WAY OR ON OTHER CITY OWNED PROPERTIES; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES BY INCREASING THE AMOUNT OF SIGNAGE ALLOWED ON PORTABLE STORAGE UNITS; AMENDING ARTICLE 4 DEVELOPMENT REVIEW AND PROCEDURES, DIVISIONS 2, 3 AND 4, BY MAKING REVISIONS TO THE TIMEFRAME FOR DETERMINING APPLICATION COMPLETENESS AND SUFFICIENCY FOR LEVEL ONE (STANDARD AND FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE DEVELOPMENT) DEVELOPMENT REVIEWS, MAKING CERTAIN CLARIFICATIONS WITH REGARDS TO THE TYPE OF DEVELOPMENT REVIEW TO WIllCH THESE SECTIONS REFER, CLARIFYING THE EFFECTIVE DATES OF LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE) APPROVALS, REVISING MINOR AMENDMENT PROVISIONS FOR LEVEL TWO DEVELOPMENT APPROVALS, AND CHANGING THE NUMBER OF TIMES A LEVEL ONE (FLEXIBLE STANDARD) AND LEVEL TWO (FLEXIBLE) APPROVAL CAN BE EXTENDED; AMENDING ARTICLE 8, DEFINITIONS, BY ADDING A DEFINITION FOR ADOPT-A-PARK SIGNS; 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, the City of Clearwater has conducted an in-depth review of the Community Development Code and has identified development standards, procedures, and zoning districts which need amendment to improve the development review process; and Ordinance No. 7106-03 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous comprehensive infill applications and determined one criteria to be impractical; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing and considered 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 recommendations 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. Division 7. Section 2-704.C Commercial ("C") is hereby amended as follows and renumbering the subsequent subsections as appropriate: * * * * 5 Suitable sites for de'/elopment or redevelopment of the uses or mix of uses '.vithin the comprehensive infill redevelopment project are not otherwise available in the City of Clean vater; * * * * Section 2. Article 2. Division 8. Section 2-803.C Tourist ("T") is hereby amended as follows and renumbering the subsequent subsections as appropriate: * * * * ~ Suitable si-tes for de'ielopment or rede'/elopment of the uses or mix of uses '.vi-thin the eomprehensive infill redevelopment project are not otherwise ayailable in the City of CleaI'\vater; * * * * Section 3. Article 2. Division 9. Section 2-903.C Downtown ("D") is hereby amended as follows and renumbering the subsequent subsections as appropriate: * * * * ~ Suitable sites f-or deyelopment or rede'/elopment of the uses or mix of uses within the comprehensive infill redevelopment project are not otherwise available in the City of Clearwater; * * * * 2 Ordinance No. 7106-03 Section 4. Article 2. Division 10. Section 2-1004.B Office ("0") is hereby amended as follows and renumbering the subsequent .subsections as appropriate: * * * * ~ Suitable sites for development or redevelopment of the uses or mix of uses witmn the comprehensive infill redevelopment project are not otherwise available in the City of ClearNater; * * * * Section 5. Article 2. Division 12. Section 2-1204.A Institutional ("I") is hereby amended as follows and renumbering the subsequent subsections as appropriate: * * * * ~ Suitable sites for de'/elopment or redevelopment of the uses or mix of uses '..vithin the comprehensive infill redevelopment project are not otherwise available in the City of Clear/rater; * * * * Section 6. Article 2. Division 13. Section 2-1304.C Industrial Research Technology ("IRT") is hereby amended as follows and renumbering the subsequent subsections as appropriate: . * * * * ~ Suitable sites for development or redevelopment of the uses or mix of uses \vithin the comprehensive infill r-edevelopment project are not othenvise available in the City of Clearwater; * * * * Section 7. Article 2. Division 14. Section 2-1404.A Open Space/Recreation ("OSR") is hereby amended as follows and renumbering the subsequent subsections as appropriate: * * * * ~ Suitable sites for development or redevelopment of the uses or mix of uses \vithin the comprehensive infill redevelopment project are not otherwise available in the City of Clear\\'ater; * * * * 3 Ordinance No. 7106-03 Section 8. Article 3. Development Standards, Division 18 Signs, Section 3-1803. Prohibited signs, is hereby amended as follows: * * ** L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3- 1806(B)(4), aRE! (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) and (d) as allowed in Section 3-1806 (A). Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. * * * * Section 9. Article 3. Development Standards,pivision 18 Signs, Section 3-1805. signs permitted without a permit, is hereby amended as follows: * * * * X. Directional/Informational Signs serving a public purpose. A permanent sign on public easements or inside street rights-of-wav shall be allowed if the citv manager finds that the sign meets the following criteria: (1) the sign provides directions and/or information regarding public facilities and/or places of interest and (2) the sign will meet the purposes of Division 3 to wit: (a) the sign will not conceal or obstruct adjacent land uses or signs rsection 3-1802(F)1. (b) the sign will not conflict with adjoining sites. (c) the sign will not interfere with or obstruct the vision of motorists. bicvclists or pedestrians. (d) the sign will be installed and maintained in a safe manner rsection 3-1802(L)1. (e) the sign is consistent with Beach bv Design. Clearwater Downtown Redevelopment Plan or anv other applicable special area plan and submittal of a master sign plan and (0 the sign is consistent with the general standards in Section 3-1804. The city manager or designee shall render a decision within 15 days after an application is made for utilizing such a sign on public property. The decision is not subject to the provisions of Section 4-501(A). 4 Ordinance No. 7106-03 Section 10. Article 3. Development Standards, Division 18 Signs, Section 3-1806 Permitted signs requiring development review, is hereby amended as follows: Section 3-1806. Pennitted signs requiring development review. A. Residential. The following signs shall be permitted in all residential zoning districts: 1. Freestanding single-family subdivision and multi-family development-entFy signs. a. One freestanding entry siga for eae.fl entrance into a platted subdivision of no more than 21 square feet of total sign face per sign. Unless otherwise approved by the Community Development Coordinator one freestanding sign up to 24 square feet of total sign face and UP to six feet in height may be erected at no more than two entrances into a single-family subdivision or multi-family development. In lieu of one 24 square foot sign, two single- faced signs not exceeding 12 square feet in area each may be located at an entrance provided that such signs are placed in a symmetrical manner and/or are located on opposite sides of the entrance to which they are oriented, will meet all sight visibility triangle requirements under the provisions of Section 3-904, be installed and maintained in safe and neat manner and will not conflict with the principal permitted use of the site or adioining sites. The Community Development Coordinator may approve signs to be placed at additional entrances based on the following criteria: overall size of site, relationship between building setback and sign location, frontage, access and visibility of the site, intended and existing traffic circulation, hierarchy of signage, consistency with Beach. bv Desifln, Clearwater Downtown Redevelopment Plan or any other applicable special area plan and submittal of a master sign plan for the subdivision or development. b. The height of a freestanding subdivision sign shall not exceed six feet. Such sign(s) shall be erected on privately-owned property. In the event there is insufficient land owned by a single-family subdivision association or multi- family development developed prior to March 8, 1999, however, the Community Development Coordinator, Parks and Recreation Department, and Public Works Administration may approve the location of such sign in a City right-of-way or on City-owned property provided that such signs are in compliance with Section 3-1806.A.l.a above and will not obstruct the vision of motorists, bicyclists or pedestrians, be installed and maintained in safe and neat manner, will not conflict with the principal permitted use of the site or adioining sites: and that a City right-of-way permit be obtained prior to the installation. c. All freestanding signs shall be installed in a landscaped area of not less than 12 square feet. 5 Ordinance No. 7106-03 d. A freestanding sign for any multi-family development shall include the address of the property on which the sign is to be located. 2. Pl'ecstanding l'nblhifamily entry sign. a. One freestanding identity sign per entranoe into a multifamily de'lelopment of no more than 12 square feet of total sign fooe per sign b. The height of a freestanding sign shall not exoeed six feet. c. .^~ freestanding identity sign saaH include the address of the property on "/hick the sign is to be loeated. 2. Subdivision name/logo on street siJ!ns. Street signs incorporating single-family subdivision names/logos may be located in City rights-of-way within the subdivision provided by such signs do not exceed 3.5 square feet in area and are selected from the approved City street signs catalogue maintained by the Manager of Traffic Operations. The City and the neighborhood shall enter into an agreement that prescribes the installation and maintenance requirements of such SIgns. 3. School and park identification monument signs. a. One monument entry sign for each major entry into a school or a park of no more than 20 square feet in total sign face per sign. b. The height of a monument sign shall not exceed five feet. c. All monument signs shall be installed in a landscaped area of not less than 12 square feet and shall include the address of the property on which the sign is to be located. 4. Adopt-A-Park signs. One adopt-a-park sign may be erected in City rights-of-way or on City-owned property provided the Sill:!!. design conforms with one of the City prescribed designs maintained by the Parks and Recreation Department. Such signs shall not exceed four square feet in area, 18 inches in height, be located in a landscaped setting and are selected from the approved City street signs catalogue maintained by the Manager of Traffic Operations The Community Development Coordinator may approve additional adopt-a-park signs based on the following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. * * * * 6 Ordinance No. 7106-03 Section 11. Article 3. Division 21. Section 3-2103.B.3.f Temporary Uses IS hereby amended as follows: * * * * f. Two sign faces, no more than 12 inches each, shall be permitted on a portable storage unit; A maximum of two signs no more than 12 square feet in area each may be located on parallel sides a portable storage unit: * * * * Section 12. Article 4. Division 2. Section 4-202.C.1 Application for Development Approval Determination of Completeness/Sufficiency Determination of completeness is hereby amended as follows: 1. Determination of completeness. Within fi-ve seven working days after receipt of an application for development approval, the community development coordinator shall determine whether the application is complete. * * * * Section 13. Article 4. Division 2. Section 4-202.C.2 Application for Development Approval Determination of Completeness/Sufficiency Determination of legal sufficiency is hereby amended as follows: * * * * 2. Determination of legal sufficiency Level one (minimum standard development). Within five working days after a determination that a level one (minimum development standards) application is complete, the community development coordinator shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If the community development coordinator determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrati ve decision which may be appealed to the community development board pursuant to Section 4-50 1 (A)(2). * * * * 7 Ordinance No. 7106-03 Section 14. Article 4. Division 2. Section 4-202.C.3 Application for Development Approval Determination of Legal Sufficiency i~ hereby amended as follows: * * ** 3. Determination of legal sufficiency: Level one (flexible standard development), level two or level three approvals. Within ten ~ working days after a determination that the application is complete, the members of the development review committee in the case of level one (flexible standard development), level two or level three approvals shall determine whether the application is legally sufficient, that is whether the required application materials have been prepared in a substantively competent manner. If any member of the development review committee determines that any portion of the application is insufficient, the community development coordinator shall notify the applicant of the reasons that the application is legally insufficient, that the application is deemed withdrawn and no further development review shall be conducted until the application is resubmitted. Such notification shall constitute an administrative decision which may be appealed to the community development board pursuanttpSection 4-501 (A)(2). * * * * Section 15. Article 4. Division 3. Permitted Uses: Level One chart on page CD4:16 is hereby amended as follows: By revising the length of time on the left and right sides of the page between the first and second boxes (Application for Development Approval and Determination of completeness, respectively) from "Max. 5 days" to "Max. 7 days" By deleting the length of time on the right side of the chart (Max. 10 days) between the third and fourth boxes (Notice to adjacent property owners (Flexible Standard Development) and Determination of Sufficiency by Development Review Committee (Level One (Flexible Standard), respectively). By adding a length of time on the right side of the page between the second and fourth boxes (Determination of completeness and Determination of Sufficiency by Development Review Committee, respectively) from "Max. 10 days" to "Max. 18 days." By revising the length of time on the left side of the page between the fourth and fifth boxes (Determination of Sufficiency by Community Development Coordinator (Level One Standard Development) and Community Development Coordinator (Decision), respectively) from "Max. 10 days" to "Max. 15 days" 8 Ordinance No. 7106-03 Section 16. Article 4. Division 3. Section 4-302.A Application/approval by community development coordinator is hereby amended as follows: Section 4-302. Application/approval by community development coordinator A. Level One approval (minimum standa:'d development standards). An applicant for a level one approval (standard minimum development standards) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application in accordance with the requirements l)l section 4-202 (C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development C'ode Within teE: 15 working days of a determination of sufficiency, the community development coordinator shall approve the application, deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of section 3-913 in regard to general standards for approval conditions. A development order shall be issued by the Community Development Coordinator as e':idence of such approval. * * * * Section 17. Article 4. Division 3. Section 4-302.B Application/approval by community development coordinator is hereby amended as follows: * * * * B. Level one approval (flexible standard development). An applicant for level one approval (flexible standard development) shall submit an application in accordance with the requirements of section 4-202 (A) and (F) to the community development coordinator who shall review the application with the development review committee in accordance with the requirements of section 4-202 (C) and (D) and determine whether the application demonstrates compliance with this Development Code. Within 20 working days of a determination of sufficiency, the community development coordinator shall approve the application, or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3, including the provisions of section 3- 913 in regard to general standards for approval conditions, or deny the application for failure to meet the applicable requirements and standards. 9 Ordinance No. 7\ 06-03 Section 18. Article 4. Division 3. Section 4-303 Effect of Level One approval is hereby amended as follows: Section 4-303. Effect of Level One (flexible standard development) approval. A level one (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the Community Development Coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one (1) year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within one (1) year of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners and an extension of time may be granted by the Community Development Coordinator for a period not to exceed one (1) year and only within the original period of validity. The Community Development Coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include. but are not limited to. an unexpected national crisis (acts of war. significant downturn in the national economy. etc.). excessive weather-related delays. and the like. The Community Development Coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 19. Article 4. Division 4. Permitted Uses: Level Two chart on page CD4: 18 is hereby amended as follows: By revising the second box from the top as follows: "Determination of completeness and s\:lffieiefley by Staff." By revising the third box from the top as follows: "Determination of sufficiency Qy Development Review Committee (Re'/iew)." By revising the length of time between the first and second boxes (Application for Development Approval and Determination of completeness, respectively) from "M.ax. 15 days" to "Max. 7 days." 10 Ordinance No. 7106-03 By adding a length of time between the second and third boxes (Determination of completeness by Staff and Determination of sufficiency by Development Review Committee (Review), respectively) to read Max. 18 days. By deleting the length of time (Max. 30 days) between the second and fifth boxes (Determination of completeness by Staff and Community Development Board (decision), respectively). By adding a length of time, Max. 33 days, between the third and fifth boxes (Determination of Sufficiency by Development Review Committee (Review) and Community Development Board (Decision), respectively). Section 20. Article 4. Division 4. Section 4-404 Community Development Board decision is hereby amended as follows: Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall review the application, the recommendation of the community development coordinator, conduct a quasi- judicial public hearing on the application in accordance with the requirements of section 4-206 and grant the approval, grant the approval subject to specified conditions or deny the application for development approval. The review and public hearing shall be held within ~ 33 working days after determination of completefless and sufficiency, unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall render a decision not later than 70 days after the initial hearing unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements set out in Articles 2 and 3 including the provisions of section 3-911 in regard to general standards for approval conditions. Section 21. Article 4. Division 4. Section 4-405 Effect of decision is hereby amended as follows: Section 4-405. Effect of a Level Two decision. Approval of a level two approval shall be deemed to authorize only the particular use for which it is issued and shall entitle the recipient to apply for a building permit or any other approval that may be required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator that 11 Ordinance No. 7106-03 i i .. confirms the community development board's decision and shall be effective upon the date of the board meeting when the decision was rendered. Section .22. Article ( Divisidh. 4':Section':'4-40'6.AChanges to Level Two DevelopmentApprovals'is.her~b~.~~ehcMd~as f.oHq\vst':,. .~. :' ',~'. . '. ',' ...., 1~:'.:"V:::.U"~.:;'.~!.~:.~.!Bl.":-~.:t=:-:'~ :..<J ;\,;. : ' A. Minor revisions. The co~ih~fMY;;a6~I~fj~M ib:o~dimltor is authorized to aliow \nin~r reVlsiohs't.Q, ae,~p;;~~;:fr~~}.~.~5~;T~:?r.ilj5pfove~ cifter receiptor comments from the develoP1i.1.t11~'X~\;J~c.~11]J.mttee. A mll10r reViSIOn IS one which: . ... .... " '" 1. Does not alter the location of any road or walkway private street and/or driveway by more than :five 20 feet. 2. Does not change the use unless such change is of a similar or less intensity, as determined by the Community Development Coordinator. 3. Does not increase the density or intensity of the development 4. Does not result in a reduction of setback or previously required landscaping landscape area. 5. Does not result in a substantial change to the location of a structure previously approved. 6. Does not result ina material substantial modification or the cancellation ffi' modification of any condition placed upon the use application as originally approved. 7. Does not add property to the parcel proposed for development. 8. Does not increase the height of the buildings in a manner that wi II change the overall height of the proiect, will not alter the scale of the proiect does not exceed the maximum height permitted in by the applicable specml area plan and zoning district. 9. Any other minor revision that does not substantially alter the character and design of the proiect. * * * * Section 23. Article 4. Division 4. Section 4-407 Expiration of approval is hereby amended as follows: Section 4-407. Expiration of a Level Two approval. Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval. and all required certificates of occupancy shall be obtained within eRe two year~ of the date of issuance of the initial building permit. Permitted time frames do not change with successive owners~ aH6 fffi An extension of time to initiate a building permit may be granted by the community development ooare coordinator 12 Ordinance No. 7\ 06-03 provided it is for a period not to exceed one year, is for the proiect originally approved and provided good cause is. shown and documented in writing and only within the original period of validity, The Community Development Coordinator may also consider whether significant progress on the proiect is being made and . whether or not there are pending or approved Code amendments which would significantly affect the proiect. The Community Development Board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the proiect originally approved and shall be for good cause shown and documented in writing. The Community Development Board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. In the event a proiect is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The Community Development Board may also consider whether significant progress on the proiect is being made and whether or not there are pending or approved Code amendments which would significantly affect the proiect. Amendments which will require no or minor amendments (as provided by Section 4-406.A) may be approved. Amendments which will require a maior revision to the subiect proiect shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this prOVISIOn. Section 24. Article 8. Definitions and Rules of Construction, Section 8-102 Definitions is amended as follows: * * * * Sign. adopt a Dark means a sign that recognizes a sponsoring agency which has been given the opportunity to install and maintain landscaping in city rights-of-way or on a city-owned property. * * * * Section 25. Amendments to the Land 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 26. 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. 13 Ordinance No. 7106-03 Section 27. 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 28. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 29. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING Septemher 4, 7001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Attest: eslie K. Dougall-S d Assistant City Attorney 14 Ordinance No. 7106-03