7413-05
ORDINANCE NO. 7413-05
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE COMMUNITY DEVELOPMENT CODE;
AMENDING SECTIONS 2-103B.2., 2-1040.1., 2-203C.2., 2-
204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1.,
2-903C.1., 2-1004B.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2-
1601E.1.c., 2-1602E.2.c., AND 2-1602F.2.c., TO PROVIDE THAT
THE IMPRACTICALITY CRITERION FOR RESIDENTIAL INFILL
PROJECTS AND COMPREHENSIVE INFILL REDEVELOPMENT
PROJECTS APPLIES WHERE DEVIATIONS ARE SOUGHT TO
ONE OR MORE OF THE LISTED REQUIREMENTS; AMENDING
SECTION 3-913 TO PROVIDE THAT CERTAIN GENERAL
STANDARDS MUST BE MET FOR APPROVAL, RATHER THAN
APPLYING SOLELY TO CONDITIONS OF APPROVAL;
AMENDING SECTION 4-404 TO PROVIDE THAT LEVEL TWO
APPROVALS DO NOT CONSTITUTE SPECIAL EXCEPTIONS
OR VARIANCES, PROVIDING FOR BURDEN OF PROOF, AND
PROVIDING THAT FINDINGS OF FACT SHALL BE REQUIRED;
AMENDING SECTION 4-504. REGARDING PROCEDURE FOR
APPEALS TO THE COMMUNITY DEVELOPMENT BOARD,
DELETING THE CONSENT AGENDA PROCEDURE AND
CLARIFYING THAT EACH AND EVERY CRITERION
CONTAINED IN SUBSECTION 4-504C. MUST BE FOUND
PRESENT IN ORDER TO GRANT AN APPEAL AND THAT THE
SECOND AND THIRD CRITERIA PERTAIN TO THE DECISION
OF THE BOARD; AMENDING SECTION 4-505 TO DELETE THE
REQUIREMENT THAT THE HEARING OFFICER ISSUE
FINDINGS OF FACT AND TO DEFINE THE RECORD AND THE
STANDARD OF REVIEW ON APPEAL; AMENDING SECTION 6-
109 TO PROVIDE THAT RECONSTRUCTION OF
STRUCTURES NONCONFORMING AS TO DENSITY
REQUIRES LEVEL TWO APPROVAL; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is advisable to make certain amendments to the City's Community
Development Code in order to clarify the City's intent with regard to recent court and
hearing officer rulings and relevant case law, and to clarify procedures under said Code;
now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2-103B.2., Community Development Code, is hereby
amended to read as follows:
Ordinance No. 7413-05
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.
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Flexibility criteria:
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B. Residential infill projects.
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2. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the
intensity.;... aM other development standards;
*******
Section 2. Section 2-104D.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-104. Flexible development.
The following Level Two 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.
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Flexibility criteria:
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D. Residential infill projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the
intensitY~aM other development standards;
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Section 3. Section 2-203C.2., Community Development Code, is hereby
amended to read 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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Ordinance No. 7413-05
Flexibility criteria:
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C. Residential infill projects.
********
2. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the
intensity.;... aM other development standards;
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Section 4. Section 2-204E.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-204. Flexible development.
The following Level Two 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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Flexibility criteria:
*******
E. Residential infill projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the
intensity.;... aM other development standards;
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Section 5. Section 2-304G.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-304. Flexible development.
The following Level Two uses are permitted in the MDR District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
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Flexibility criteria:
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G. Residential infill projects.
********
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Ordinance No. 7413-05
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe
intensity~ aAd other development standards;
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Section 6. Section 2-404F.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-404. Flexible development.
The following Level Two uses are permitted subject to the standards and
criteria set out in this section and other applicable regulations in Article 3.
*******
Flexibility criteria:
*******
F. Residential infill projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe
intensity~ aAd other development standards;
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Section 7. Section 2-504F.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-504. Flexible development.
The following Level GAe Two uses are permitted in the HDR District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
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Flexibility criteria:
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F. Residential infill projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tAe
intensity~ aAd other development standards;
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Section 8. Section 2-704C.1., Community Development Code, is hereby
amended to read as follows:
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Ordinance No. 7413-05
Section 2.-704. Flexible development.
The following Level Two uses are permitted in the "C" District subject to
the standards and criteria set out in this section and other applicable regulations in
Article 3.
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Flexibility criteria:
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C. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followinq: tRe use, ~
intensity.;... aM other development standards;
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Section 9. Section 2-803C.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-803. Flexible development.
The following Level Two uses are permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
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Flexibility criteria:
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C. Comprehensive infill redevelopment projects.
* * * * * * * *
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: tRe use, ~
intensity.;... aM other development standards;
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Section 10. Section 2-903C.1., Community Development Code, IS hereby
amended to read as follows:
Section 2.-903. Flexible development.
The following uses are Level Two permitted uses in the Downtown District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
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Ordinance No. 7413-05
Flexibility criteria:
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C. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followino: tRe use, ~
intensity;." aM other development standards;
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Section 11. Section 2-1004B.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1004. Flexible development.
The following uses are Level Two permitted uses in the Office "0" District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
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Flexibility criteria:
*******
B. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followino: tRe use, ~
intensity;." aM other development standards;
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Section 12. Section 2-1204A.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1204. Flexible development.
The following are Level Two permitted uses in the Institutional District
subject to the standards and criteria set out in this section and other applicable
regulations in Article 3.
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Flexibility criteria:
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A. Comprehensive infill redevelopment projects.
********
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Ordinance No. 7413-05
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the use, ~
intensity~ aRd other development standards;
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Section 13. Section 2-1304C.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1304. Flexible development.
The following uses are Level Two permitted uses in the Industrial,
Research and Technology "IRT" District subject to the standards and criteria set out in
this section and other applicable regulations in Article 3.
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Flexibility criteria:
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C. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the use, ~
intensity~ aRd other development standards;
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Section 14. Section 2-1404A.1., Community Development Code, is hereby
amended to read as follows:
Section 2.-1404. Flexible development.
The following uses are Level Two permitted uses in the OSR District
subject to the standards and criteria set out in this Section and other applicable
regulations in Article 3.
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Flexibility criteria:
*******
A. Comprehensive infill redevelopment projects.
********
1. The development or redevelopment of the parcel proposed for development
is otherwise impractical without deviations from one or more of the followina: the use, ~
intensity~ aRd other development standards;
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Section 15. Section 2-1601 E.1.c., Community Development Code, is hereby
amended to read as follows:
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Ordinance No. 7413-05
Section 2.-1601. Coachman Ridge Neighborhood Conservation Overlay District.
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E. Flexible standard development. The following Level One uses are
permitted in the CRNCOD District subject to the standards and criteria set out in this
Section and other applicable regulations in Article 3.
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Flexibility criteria:
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1. Residential infil!.
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c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: tRe
intensity.:.... ami other development standards;
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Section 16. Section 2-1602E.2.c., Community Development Code, is hereby
amended to read as follows:
Section 2.-1602. Island Estates Neighborhood Conservation Overlay District.
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E. Flexible standard development for areas zoned LMDR/IENCOD. The
following Level One uses are permitted in the LMDR/IENOD District subject to the
standards and criteria set out in this Section and other applicable regulations in Article
3.
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Flexibility criteria:
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2. Residential infil!.
* * * * * * * *
c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: tRe
intensity.:.... ami other development standards;
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Section 17. Section 2-1602F.2.c., Community Development Code, is hereby
amended to read as follows:
Section 2.-1602. Island Estates Neighborhood Conservation Overlay District.
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Ordinance No. 7413-05
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F. Flexible development for areas zoned LMDR/IENCOD. The following
Level Two uses are permitted in the LMDRIIENOD District subject to the standards and
criteria set out in this Section and other applicable regulations in Article 3.
*******
Flexibility criteria:
*******
2. Residential infil!.
********
c. The development or redevelopment of the parcel proposed for development is
otherwise impractical without deviations from one or more of the followinq: #:\e
intensity~ aRG other development standards;
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Section 18. Section 3-913, Community Development Code, is hereby amended
to read as follows:
Section 3-913. General standards for Level One and Level Two approval~
conditions.
A. Level One applications, in order to be approved Conditions which are imposed
by the community development coordinator~ and Level Two applications, in
order to be approved bv the community development board pursuant to a Level
One or a Level Two approval shall ensure that ,shall meet each and every one
of the followinq criteria:
1. The proposed development of the land will be in harmony with the scale,
bulk, coverage, density, and character of adjacent properties in which it is
located.
2. The proposed development will not hinder or discourage the appropriate
development and use of adjacent land and buildings or significantly
impair the value thereof.
3. The proposed development will not adversely affect the health or safety
or persons residing or working in the neighborhood of the proposed use.
4. The proposed development is designed to minimize traffic congestion.
5. The proposed development is consistent with the community character of
the immediate vicinity of the parcel proposed for development.
6. The design of the proposed development minimizes adverse effects,
including visual, acoustic and olfactory and hours of operation impacts,
on adjacent properties.
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Ordinance No. 7413-05
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Section 19. Section 4-404, Community Development Code, is hereby amended
to read 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, shall make
findinQs of fact. and may grant the approval, grant the approval subject to specified
conditions.!. or deny the application for development approval. Level Two approvals
shall not be considered or construed as special exceptions or variances. The
burden of proof in a Level Two case shall be upon the applicant to demonstrate to
the community development board that all required criteria for approval are met.
The review and public hearing shall be held within 33 working days after
determination of 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
and standards set out in Articles 2 and 3 including the provisions of section 3 911 in
regard to gener::ll st::lndards for ::lpproval conditions
Section 20. Section 4-504, Community Development Code, is hereby amended
to read as follows:
Section 4-504. Community development board appeals.
A. Except ::lS provided in subsection B. of this section, u Upon receipt of the
recommendation of the community development coordinator regarding
appeals from decision set out in Section 4-501 (A), 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 render a decision in accordance with the provisions of
Section 4-206(0)(5) granting the appeal, granting the appeal subject to
specified conditions.!. or denying the appeal. The hearing before the
community development board shall be scheduled at the first available
meeting of the board sufficient to provide notice under Section 4-206,
and may be continued at that meeting to the next regularly scheduled
meeting of the board so that the board may receive more information,
clarification, or research. The community development board shall
render a decision at the meeting but not later than 70 days from the
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Ordinance No. 7413-05
receipt of the notice of appeal, unless the parties by mutual consent
extend the time frame for the board's decision until a subsequent
meeting.
S.Upon receipt of an application/notice of appeal from a level One approval
(Flexible standard) from an abutting property o'/mer, the community development
board shall place the appeal on the consent agenda of the next scheduled
meeting of the board. Notice of the date of such meeting shall be provided the
applicant and the appellant(s) by mail and by telephone. The appeal may be
removed from the oonsent agenda only by a 'Iote of at least four members of the
community de'y'elopment board. If the appeal is not romo'led from the oonsent
agenda, the decision of the community development coordinator is confirmed as
part of the oonsent agenda by a vote of the majority of the members of the
board. If the appeal is removed from the consent agenda, the community
development board shall revie':,' the application, the recommendation of the
community development ooordinator, conduot a quasi judicial public hearing on
the application in aooordance with the requirements of Section -1 206 and render
a decision in acoordance 'v\'ith the provisions of Section -1 206(0)(5) granting the
appeal, granting the appeal subject to specified conditions or denying the
appeal.
~!h In order to grant an appeal, overturning or modifying the decision
appealed from, the community development board shall find that based
on substantial competent evidence presented by the applicant or other
party that each and every one of the followinQ criteria are met:
1. The decision appealed from misconstrued or incorrectly interpreted the
provisions of this development code: and
2. That t Ihe decision of the community development board will be in
harmony with the general intent and purpose of this development
code; and
3. The decision of the community development board W will not be
detrimental to the public health, safety and general welfare.
Section 21. Section 4-505, Community Development Code, is hereby amended to
read as follows:
Section 4-505. Hearing officer appeals.
A. Upon receipt of a notice of appeal regarding decisions set out in Section
4-501 (8), the hearing officer shall, in concert with the city clerk, establish
a date and hour and location for hearing to consist solely of:
1. reception of the record before the community development board; and
2. oral argument.
The record before the community development board shall consist
of the followinQ: the PlanninQ Department file concerninQ the application;
the aaenda packet for the community development board meetina(s); all
exhibits accepted into evidence before the community development
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Ordinance No. 7413-05
board; and the board reporter's audiotape recordinQ of the hearinQ before
the community development board. Any motion to supplement the record
shall be filed with the hearinQ officer and served on all other parties to the
proceedinas within 10 days of filina the notice of appeal. The hearing
shall be held within 60 days of receipt of the notice of appeal, unless the
appellant requests or agrees to a continuance. The city clerk shall giye
notice of the hearing to the appellant, applicant, city, and any person
granted party status by the community development board.
B. At the hearing, the record before the community development board shall
be received by the hearing officer. Additionally, oral argument may be
presented by the appellant, applicant, city, and any person granted party
status by the community development board.
C. The burden shall be upon the appellant to show that the decision of the
community development board cannot be sustained by tRe substantial
competent evidence before the board, or that the decision of the board
departs from the essential requirements of law.
D. The persons entitled to present oral argument as set forth in subsection
B. above may submit proposed final orders to the hearing officer within
20 days of the hearing. The hearing officer shall render a decision within
45 days of the hearing. The decision of the hearing officer shall include
findings of fact, conclusions of law, and a determination approving,
approving with conditions, or denying the requested development
application. The decision of the hearing officer shall be final, subject to
judicial review by common law certiorari to the circuit court. The filing of
a petition for certiorari stays the decision of the hearing officer pending
the final determination of the case.
Section 22. Section 6-109, Community Development Code, is hereby amended
to read as follows:
Section 6-109. Termination of status as a nonconformity.
*******
B. A structure which is nonconforming with respect to density may be
reconstructed on the same parcel with the same density provided Level Two
approval is obtained and such reconstruction complies with all other
requirements of this Community Development Code.
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Section 23. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
April 21, 2005
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Ordinance No. 7413-05
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall
Assistant City AU
May 5, 2005
--1'~~ ~
'F1'8nk V. Hibbard .
Mayor
Attest:
~Z.)L.~.
ey Ihia E. Gelidea... .
City Clerk --:::"'-_ .
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Ordinance No. 7413-05