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ORDINANCE NO. 2771-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 131, ZONING, OF TITLE XI, BUILDING
AND ZONING REGULATIONS, OF THE CODE OF ORDINANCES,
CITY OF CLEARWATER, TO REPEAL SECTION 131, 225, SITE
PLAN APPROVAL PROCEDURES, AND ENACT IN LIEU THEREOF,
A NEW SECTION 131. 225, SITE PLAN APPROVAL PROCEDURES
AND REQUIREMENTS, TO PROVIDE FOR THE INTENT, THE
APPLICATION, THE PROCEDURE, THE DESIGN CRITERIA,
THE SUBMISSION REQUIREMENTS AND PROVISIONS FOR
ASSURING COMPLIANCE WITH THE CODE; PROVIDING FOR
THE SEPARABILITY OF THE PROVISIONS HEREOF; PRO-
VIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
PROPER NOTICE OF PROPOSED ENACTMENT; AND PRO-
VIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, on June 3, 1982, the City Corranission of the City of
Clearwater, after proper public notice, held a public hearing on certain
proposed changes to the Zoning Ordinance of the City of Clearwater in
accordance with procedure as established; and
WHEREAS, the City Commission has fully considered the
recommendations and report of the Planning and Zoning Board relative to
the certain proposed changes to the Zoning Ordinance; and
WHEREAS, certain of the proposed changes and amendments to the
Zoning Ordinance were approved by the City Commission after its evaluation
of all evidence presented at the said public hearing; and
WHEREAS, the Local Government Comprehensive Planning Act
(LGCPA) requires that all development regulations and amendments thereto
related to an adopted comprehensive plan or element thereof be reviewed by
the Local Planning Agency (LPA) for conformance with plans adopted
pursuant to the LGCPA; and
it
WHEREAS, the Pinellas County Planning Council (PCPC) has been
designated the Local Planning Agency for Pinellas County and the PCPC
has adopted guidelines with reference to such required referral process; and
WHEREAS, this Ordinance has been referred to and considered by
the PCPC under said process;
:. Ord .2771-82
8/19/82
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF T13E CITY OF CLEARWATER, FLORIDA:
Section 1. Section 131.2x5, Site plan approval procedures, of
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Article VI, Development Requirements and Procedures, of Chapter 131, I
Zoning, of Title XI, Building and Zoning Regulations, of the Code of Ordinances,
City of Clearwater, is hereby repealed in its entirety.
Section 2. There to hereby enacted a new Section 131.225, Site °
plan approval procedures and requirements, of Article VI, Development
uirements and Procedures of Cha
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and Zoning Regulations, of the Code of Ordinances, City of Clearwater, to `,',.
read as follows:
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Section 131.225. Site Plan Approval Procedures and
Requirements.
(A) Intent. It is the intent of this section to encourage a
high standard of land planning and development design
through careful review of the nature and composition
of a proposed development project as well as to provide
full consideration of potential, impacts of proposed
developments upon surrounding uses and land, thereby
positively contributing to the character and integrity
of the overall community. It is the specific purpose of
the site plan review process to provide a mechanism to
insure that the individual components of the development
process are carefully integrated in order that a project
meets laot only those minimum code requirements and
individual design standards, but also addresses in its
totality the design guidelines set forth in this section.
(B) Basis for Review - Prelude_ In order to provide a clear
delineation of the design guidelines which will be the basis
on which all site plans will be reviewed, an outline of those
design guidelines set forth in their entirety in Paragraph
(G) of this section is outlined in summary fashion below:
(1) Plar, and Code Requirements
(2) Environment and Open Space
(3) Traffic and Parking
(4) Drainage and Utilities
(5) Neighborhood Compatibility
(C) Development requiring site plan approval. Site plan approval
as hereinafter set forth is required prior to the issuance of
any building permit for all land uses identified in Article III,
Divisions 2 - 26 of the Zoning Code for the following:
(1) A parcel of land one (1) acre or more in size proposed
to he used for commercial, industrial, office, public
or semi-public uses;
(2) A parcel of land proposed to be used for multi-family or
hotel/motel use of eight (8) or more units;
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(3) A parcel of land less than one (1) acre to size or
for less than eight (8) units, as otherwise described
in (C) (1) and (2) above, where such parcel or use of
land is being established, through lease or sale, from
a larger previously developed or site plan approved
parcel of land. Both the new parcel or use and the
previously developed or approved parcel, to the extent
its use or any feature of the site is altered, shall be
subject to the Bite, plan review process; and
(4) A parcel of land one (1) acre or more in size devoted to
commercial, industrial, office, public or semi-public
use or a parcel of land deveoted to eight (8) or more
multi-family or hotel/motel units which use of land or
building is proposed to be expanded by twenty-five (25)
per cent or more of lot area or building floor area; and
(5) A parcel of land, irrespective of size, where due to the
unique characteristics of the land, surrounding use(s),
proposed use or other features of the development, the
City Manager determines it is in the interest of the
public health, safety or welfare that such project be
subject to the site plan review process,
The City Manager shall have the authority to waive the require-
ments for such public, City-sponsored projects as is determined
appropriate based on the nature, location, size and impact of
such project(s).
(D) Procedure. Those developments subject to site plan review
as identified in Section 131. 225 (c) shall be processed in the
following manner;
(1) Preliminary Site Plan
(a) Submission The applicant or hie representative
shall submit twelve (12) copies of the preliminary
site plan, together with the appropriate application
fee to the Planning Department to initiate processing
of the plan. A preliminary site plan shall be submitted
for receipt and referral by the City Commission not
less than ten (10) days prior to the regularly scheduled
meeting at which it is to be considered, unless other-
wise approved by the City Manager. Upon determination
by the Planning Department that all submission require-
ments as identified iu this section hnve been fulfilled,
the preliminary site plan shall be placed on the next
regularly scheduled City Commission meeting agenda
for review and determination by the City Commission.
(b) Review - The City Commission shall review the preliminary
site plan and authorize staff to receive and process the
final site plan. In review of the preliminary site plan
the City Commission may identify such matters of
development policy or items of concern with respect to
the specific location, design or impact of the proposed
project to which staff shall address its particular attention
in review of the final site plan.
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(.c) Action - The City Commission, based upon its review
of the preliminary site plan, shall authorize review' and
disposition of the final site plan as follows-.
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1. Review and recommendation by the Resource
Development Committee to and final action by
the City Manager; or
2. Review and recommendation by the Resource
Development Committee to the City Manager,
with final action by the City Commission. The
determination of the method of disposition of the
final site plan shall be at the discretion of the City
Commission. Further, the City Manager may forward
any final site plan which the Manager has been
authorized to act upon to tha City Commission for
final action, where in the opinion of the City Manager,
such Commission action is necessary or beneficial
to the public interest.
(Z) Final Site Plan
(a) Submission - Upon disposition of the preliminary site plan
by the City Commission, the applicant or his representative
shall, within six (6) months of City Commission action,
submit to the Planning Department twelve (12) copies of the
final site plan, signed and sealed by a licensed professional
engineer, architect or landscape architect or combination
thereof, as is appropriate according to Florida State licensing
requirements. Plans shall be submitted for review by the
Resource Development Committee not less than ten (14) days
prior to the regularly scheduled meeting at wha:h it is to be
considered, unless otherwise approved by the Chairman.of
the Committee. Upon determination by the Planning
Department that all submission requirements as identified
in this section have been fulfilled, the final site plan shall
be placed on the next regularly scheduled Resource Develop-
ment Committee meeting agenda for review and recommenda-
tion by the Committee.
(b) Review - The Resource Development Committee shall review
the final site plan according to the design guidelines of
Paragraph (G) of this section. The Committee shall evaluate
and make a finding of fact with respect to the satisfactory
application of the design guidelines, both individually and in
combination, to the subject plan. The Committee may, for
the purpose of allowing the applicant an opportunity to address
unresolved issues, continue consideration of the final site
plan prior to formulating a recommendation.
(c)Action - The Resource Development Committee shall recom-
mand approval., approval with conditions or denial of the final
site plan to the City Manager. In acting on the final site plan,
both the City Manager and/or the City Commission shall have
power to impose conditions, including conditions specifying
the time that the site plan approval shall remain valid and the
time within which a project must be completed, such as
in sur a compliance with the site plan review process and
standards and the Zoning Code in general. Based upon the
recommendation of the Resource Development Committee,
direction of the City Commission in acting on the preliminary
site plan and the determination of the City Manager as to the
necessity or benefit of City Commission consideration of the
final site plan, the City Manager shall either:
1. Approve, approve with conditions, or deny the final
site plan, or
Z. Recommend approval, approval with conditions, or
denial of the final site plan to the City Commission.
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City Commission action on a final site plan shall be at
a regularly scheduled meeting of the Commis lion and
shall consider the findings and recommendation of the
City Manager and the Resource Development Committee,
as well as such additional relevant information as may
be presented.
(d) Certification - A minimum of twelve (12) copies, and
any additional copies as may be supplied by the applicant,
of a final site plan approved or approved conditionaay
by the City Manager or by the City Commission shall
be submitted to the Planning Department within thirty
(30) days of action on the final plan. Final site plans
approved subject to any changes to be made in the plan
shall be so changed prior to certification. The Planning
Department shall verify and forward said copies to the
City Clerk to be certified, distributed to the designated
departments and filed by the City Clerk to constitute a
permanent record of the final site plan. A minimum of
two (2) copies of the certified plan shall be reserved for
the applicant, with one (1) copy of the certified plan to
accompany each separate application for building permit
submitted to the Building Department, and one (1) copy
to be available for inspection at the job site.
(e) Amendment - Any amendment, variation or adjustment
.of a certified final site plan shall require approval of a
site plan amendment according to the following:
1. Major Amendment - Submission to the Planning
D-.apartment and action by the City Manager or City
Commission consistent with the process for approval
of the original final site plan.
2. Minor Amendment - Submission to the Planning
Department and action by the City Manager.
The City Manager shall determine whether or not the
proposed plan amendment or change is a major or minor
amendment. In determining whether the amendment or
change is major or minor, the City Manager should
consider whether the changes or amendments are consistent
with the site plan and with the design criteria contained
in this ordinance.
(E) Effect of final site plan approval. Those final site plans approved
or approved conditionally shall remain valid if a valid building
permit is obtained subject thereto, and the project completed in
accordance with such permit, within the respective allotted time
periods to be specified by the City Manager or City Commission.
Extensions to the time limits imposed as a condition of site plan
approval may be granted only upon application to the Planning
Department and action by the City Manager or City Commission,
based upon and consistent with the process for determining whether
such request for extension of time is a major or minor amendment.
Upon approval of the final site plan, the applicant may proceed to
submit detailed construction drawings to the appropriate City.,
departments for approval and permitting. These shall include,
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but are not limited to, detailed building plans, site grading,
tree removal and drainage plans, utility plans and landscape
plans. , Nothing herein, however, shall preclude the,building
department from accepting for review and processing building
construction plans related to the structiural, mechanical,
electrical and plumbing systems prior to the certification of
a final site plan, subject to such conditions as may be
established by the building director relative to such pre-
plan certification processing. In such instances, no building
permit or approval will be issued or given until the final.site plan
has been certified.and is on file' with the building department.
All building and construction permits issued for any project
requiring site plan review shall be consistent with the certified
final site plan. The approval and certification of a site plan
shall not under any circumstance be construed to waive or
otherwise diminish the applicable City requirements for
construction or installation of structures or materials.
Whenever a conflict between the site plan and such construction
details occurs, the more restrictive or that requiring the higher
standard shall prevail.
(F) Devela ment involving related code requirements. Those
projects involving the following related provisions of the City
Code of Ordinances shall be coordinated as set forth below:
(1) Community Impact Statement - Those developments
requiring a community impact statement per Section
131.223 (a) (1) and (2) in conjunction with site plan
approval shall have the community impact statement
scheduled for review in concert with the final site plan.
(2) Planned Development Districts and Special Uses - Those
developments submitted under the planned district provisions
or such other special uses for which the Zoning Ordinance
required Planning and Zoning Board review shall be reviewed
and a recommendation made by the Planning and Zoning
Board following Resource Development Committee recom-
mendation and prior to action can the final site plan.
(3) Variance - Those developments requiring a variance from
an otherwise applicable regulation of the Zoning Code
in conjunction with site plan review shall have the preliminary
site plan acted upon for receipt and referral by the City
Commission prior to consideration of the variance by the
Board of Adjustment and Appeal on Zoning. The final site
plan shall be submitted to the Resource Development
Committee only upon approval of the variance by the Board
of Adjustment and Appeal an Zoning, or, upon appeal, by
the Hearing Officer. Similarly, an adjustment or variance
required to any other portion of the City Code of Ordinances
that would be necessitated by approval of the site plan shall
be applied for and acted upon following receipt and referral
of the preliminary site plan by the City Commission and prior
to submission of the final site plan.
(4) Subdivision Plat - Those developments requiring a subdivision
plat per Chapter 132 of the Code of Ordinances, Ordinance
No. 1449, shall have the preliminary nubdivision plat
scheduled for review in concert with the final site plan.
A final subdivision plat shall be filed and recorded within six
(6) months and prior to the issuance of a building permit.
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(G)Design guidelines for site plan review. It is the purpose
and intent of these design guidelines to supplement the
standard requirements of the individual land use plan and
zoning district classifications in a manner that recognizes
the need to tailor the land planning process to tho unique
features of each site, while preserving the right of reasonable
use of private property based upon the uses permitted under
existing consistent land use plan and zoning district
classifications. The design guidelines set out below shall be
considered as being part of the district regulations of each
district to which the site plan review process applies. -
The uses set out and enumerated in each district are uses that
may only be initiated after compliance with the site plan
review process. The following items 'shall be given full consider-
ation in the preparation and review of site plans required under
this section. The Resource Development Committee shall
review and make its recommendation based upon the guidelines
set forth herein. The City Manager, and where applicable the
City Commission, shall, prior to approving any final site plan,
establish that such plan is consistent with the design guidelines
of this section. Design guidelines to be considered shall include,
but are not limited to, the following:
1. Plan and Code Requirements •- Site plans shall be
consistent and in conformity with all applicable rules
and regulations of the City of Clearwater, Pinellas
County and the State of Florida, including but not
limited to the following:
(a) City Charter;
(b) City Code of Ordinances, Titles I to XII;
(c) City Comprehensive Plan and its Constituent
Elements;
(d) Ordinances containing conditions applicable to
any particular tract or parcel, and policies
established by the City Commission relating to
Annexations;
(e) Pinellas County Planning Council Plans and
Regulations; and
(f) Applicable provisions of Florida Statutes and
Administrative Code.
It shall be the objective of this guideline to assure
compliance with all applicable City, County and State
requirements as a minimum criterion for further
consideration of a site plan.
(2) Environment and Open Space - Site plans shall recognize
the significant existing environmental and open space features
of the site and property immediately adjacent thereto. The
proposed development will be determined to be reasonably
compatible with the existing environmental features of the site,
based on an evaluation of the following specific factors:
(a) Topography, including elevation, slopes and
cut and fill;
(b) Soil and sub-surface characteristics;
(c) f4rface and ground water characteristics,
including water quality and ground water
recharge;
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(d) Vegetation and plant life, including specimen
trees, natural wetland and native creek bank
Or shoreline vegetation;
(e) Wildlife habitat;
(f) Historic and cultural significance;
(g) Flood ptain and coastal flood hazard;
(h) Solar access; and
(i) Open Space.
All of the above factors shall be determined consistent
with the objectives of the City Environmental Management
Program and Conservation Plan and with current develop-
ment standards and design specifications of the Department
of Public Works. It shall be the objective of these guidelines
to assure that a development project has addressed the above
listed concerns and will not significantly degrade the existing
-environmental features of the site in a manner that is
unnecessary to allow for the reasonable use of the property.
(3) Traffic and Parking - Site plans shall be so designed as to
provide for adequate traffic flow and control on public
streets, coordination with public transportation modes
where applicable, convenient internal circulation and
service access and vehicular and pedestrian safety. A
determination as to the adequacy of provisions for
traffic and parking shall be based on an evaluation of the
following factors:
(a) Functional classification of street and highway system;
(b) Existing and projected traffic volume, road-
carrying capacities and levels of service;
(c) Traffic signing, signalization and related control
device s;
(d)Number and distance between points of access
and egress;
(e) Sight distance and turning radii relative to curb-cuts
and internal traffic flow;
(f) Off-street parking and loading space;
(g) Pedestrian walkways; and
(h)Access for service and emergency equipment
and personnel.
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All of the above factors shall be determined consistent
with the objectives of the City's Thoroughfare Plan and
with current development standards and design specifi-
cations of the Traffic Engineering Department. It shall
be the objective of this guideline to insure adequate provision
for vehicular and pedestrian movement and safety within
the site and as it relates to the adjoining public street
and thoroughfare system.
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(4) Drainage and Utilities - Site plans shall be so designed
as to provide for water supply, sewage disposal, refuse
collection and surface water retention. Those specific
factors to be evaluated in determining that these measures
have been adequately addressed include the following:
(a) City-wide water supply and sewage treatment
capabilities, by district where applicable;
(b) Water mains, fire hydrants and water meters;
(c) Sewer mains and manholes;
(d) Gas mains, where applicable;
(e) Provisions for refuse disposal, including container
location and access thereto;
(f) Easements for all utility lines;
(g) Location, capacity and design of water retention
areas, both as to the site and the watershed or
basin; and
(h) Responsibility for maintenance and appearance
of retention areas.
All of the above factors shall be determined consistent
with the objectives of the City's Utility Plan and with
current development standards and design specifications
of the Public Works and Utilities Departments. It shall
be the objective of this guideline to assure adequate
service capacity and design of utility and drainage systems
on the proposed development site and as they relate to
the larger systems entering and leaving the site.
(5) Neighborhood Compatibility - Site plans shall be so
designed as to assure that the overall design and function
of the proposed project are compatible and harmonious
with other properties in the immediate area. Compatibility
shall be measured according to the following characteristics
of the proposed and neighboring development:
Ord 2771--82
(a) Land use type or category;
(b) Building location, dimension and height;
(c) Location and extent of parking, access drives
and service areas;
(d) Traffic generation, hours of operation, noise
levels and outdoor lighting;
(e) Alteration of light, air and views; and
(f) Fence, wall, landscape and open space treatment.
It shall be the objective of this guideline to encourage
design treatment that reflects consideration of and between
adjoining developments. It is not the purpose of this provision
to preclude develupment based upon normal change or that
inconvenience which might ordinarily be expected to result
from the land development process; but, rather it shall be
the purpose of this provision to preclude significant adverse
impact that is measurable and can be documented, based
upon the above factors.
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Where the City Manager, or where applicable the
City Commission, finds that a final site plan does not
satisfactorily comport with one or more, in whole or in
part, of the aforementioned five (5) design guidelines the
City Manager or City Commission shall have the authority
to deny the site plan.
(H) _Procedure for Review; Noncompliance. Any applicant
aggrieved by a final determination by the City Manager or
City Commission in acting under the terms of this section
on a final site plan may seek review by initiating an action
in the appropriate court. Failure to comply with a certified
final site plan or any of the conditions of approval set forth
by the City Manager or City Commission, including time
limits for performance, shall be cause to deny issuance of
a building permit or, where a permit has been issued pursuant
to a certified final site plan, to render such building permit
invalid. Any action, construction, development or use of
property undertaken in violation of the provisions of this
section or a certified final site plan shall constitute a violation
of the Zoning Code.
(1) Content. Preliminary and final site plans shall be drawn to
a minimum scale of one (1) inch equals one hundred (100) feet
on an overall sheet size not to exceed 36 x 48 inches. When
more than one sheet is required, an index sheet of the same
size shall be included showing the entire parcel with individual
sheet numbers referenced thereon. The following information
is required on, or in an acceptable form so as to accompany,
the preliminary and final site plans respectively:
(1) Preliminary Plan.
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(a) Site plan name;
(b) The property owner's name, address and
telephone number; and the designated project
applicant or representative and authorization
for such representation if other than the
property owner;
(c) The architect, landscape architect or engineer's
name and address;
(d) North arrow, scale and date prepared;
(e) Legal description;
(f) Location map;
(g) Zoning district classification applicable to
the site and on property immediately con-
tiguous thereto;
(h) Gross and net site area expressed in square feet
and acres;
(i) Number of units and net density;
(j) Floor area in non-residential use by category
of use (commercial, office, industrial, etc.);
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(k) Delineation in mapped form and computation
of the area of the site devoted to building V=.
ecreation and
coverage, paved coverage, r
open space, expressed in square feet and as
a percentage of the overall sites
(1) Number of parking spaces required and r
proposed; a
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(m) General location of all driveways, parking
areas and curb-cuts; 1,..•. ,' s `',,= ' '
(n) Location of all public and private streets within
and adjacent to the site;
(o) The approximate location, size and height of all ,
existing and proposed structures on the site; and
(p) Preliminary existing and proposed utility system
information.
(2) Final Site Plan -- All information included on or submitted • M
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so as to accompany the preliminary site plan, as it may
have been adjusted and finalized plus the following:
(a) The surveyed location, diameter at breast height
and general type of all existing trees with a diameter
at breast height of four (4) inches or more, identifying
those trees proposed to be removed and those to remain;
(b) Typical location, size and species, by diagram or
notation, of plant materials proposed to satisfy
landscape requirements per Section 131.221 of the
Zoning Ordinance;
(c) Provisions for both on-and-off site stormwater
drainage and detention related to the proposed
development;
(d) Existing and proposed utilities, including size and
location of all water lines, fire hydrants, sewer
lines, manholes, lift stations, etc.;
(e) Existing (including O. R. book and page numbers)
and proposed utility easements;
(f) Existing one (1) foot contours or key spot elevations
on the site, and such off-site elevations as may be
specifically required and not otherwise available
which may affect the drainage or retention on the site;
(g) The proposed general use and development of internal
spaces, including all recreational and open space
areas, plazas and major landscaped areas by function,
and the general location and description of all
proposed outdoor furniture (seating, lighting,
telephones, etc.
(h) The location of all retaining walls, fences (including
privacy fences around patios, etc.), earth berms,
and public and private sidewalks;
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(i) The definition and location of all refuse collection
facilities including screening to be provided;
(j) The approximate location, number and dimensions
of all exterior freestanding signs proposed to be
located on the property and the approximate
location on and area of proposed buildings to be
reserved for individual exterior signs;
(k) Phase lines, if development is to be constructed
in phases;
(1) Dimensions (lot lines, streets, drives, building
liner, building setbacks, building height structural
overhangs, building separations, etc. ); and
(m) Shadow cast information if the proposed building
is higher than any immediately adjacent building
or if the height of the building is greater than the
distance of the building to any lot lines.
The Planning Department will review and determine that
each preliminary and final site plan includes the necessary
information and is in proper form for submission and
consideration.
Section 3. The City of Clearwater does hereby certify that the
measures contained in this ordinance are consistent and in conformance with
the City's Comprehensive Plan and individual elements thereof adopted pursuant
to the LGCPA and directs that same be forwarded to the LPA for their
receipt and appropriate action.
Section 4. 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 5. All ordinances or parts of ordinances in conflict herewith
are to the extent of such conflict hereby repealed.
Section 6. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 7. The provisions of this ordinance shall take'effect
immediately upon its passage.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Attest:
,.
City Clerk
Ord 2771-82•
-12-
ir. 9 =04?
u 19. 1982
ayor- Commissioner
8/19/62
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