Community Redevelopment Code, Executive Summary - August 24, 1998
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AUGUST 24, 1998
CI1Y OF CLEARWATER
COMMUNIlY REDEVELOPMENT CODE
EXECUTIVE SUMMARY
PREPARED FOR:
PREPARED BY:
SIEMON, LARSEN & MARSH
Strategic Land Planning & Management
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EXECUTIVE SUMMARY
INTRODUCTION
In October 1997, the City entered into a contract with Siemon, Larsen & Marsh to complete the Land
Development Code revision effort commenced by the City in 1996 led by City staff and supported
by a citizen's advisory committee. The first tasks of this revision effort involved extensive
interviews with elected officials, staff, and many individual citizens, as well as a review of existing
legal and planning documents. In addition, a written critical assessment of existing conditions in the
City in regard to land use controls, a strategic land management approach, an annotated outline of
new land development regulations, as well as a tracking matrix, were prepared and discussed with
the City Commission and City staff. Based on the products of these tasks, a preliminary draft of new
land development regulations, called the Community Redevelopment Code, has been prepared for
discussion with the City Commission, City staff, and the public. There will be a number of
opportunities to provide input to the City prior to the preparation of a new draft which will then go
through the formal hearing and adoption process.
The Community Redevelopment Code is organized into eight (8) articles:
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
General Provisions
Zoning Districts
Development Standards
Development Review and Other Procedures
Decisionmaking and Administrative Bodies
Nonconformity Provisions
Enforcement Proceedings and Penalties
Definitions
Comprehensive Index
The purpose of this Executive Summary is to provide the key points of this revision effort by each
article.
ARTICLE 1
GENERAL PROVISIONS
This article contains general purpose statements, required legal provisions about jurisdiction, the role
of the City's Comprehensive Plan and transition provisions. The title of the Code itself, the
"Community Redevelopment Code" emphasizes that the City of Clearwater is in a redevelopment
mode and that one of the purposes of the Code is to facilitate attractive redevelopment which will
improve the quality of life of all citizens. This article also contains a chart which shows that
property currently zoned in a particular zoning district will be zoned, upon adoption of the Code, in
one of the new districts which are described in Article 2.
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EXECUTIVE SUMMARY
ARTICLE 2
ZONING DISTRICTS
The primary focus of the revisions to the City of Clearwater's zoning districts was to:
A. Consolidate the districts into a coherent set of land use associations.
1. Based on a careful analysis of the existing community character and the relationship
of character to the applicable zoning district, the draft consolidates the existing
districts into 14 districts. Thirteen residential districts (one of which has never been
used) were consolidated into six districts.
OLD RESIDENTIAL DISTRICT NEW RESIDENTIAL DISTRICT
Single-Family Residential One ("RS I")
Single-Family Residential 2 ("RS 2") Low Density Residential ("LDR")
Single-Family Residential 4 ("RS 4")
Single-Family Residential 6 ("RS 6")
Low Medium Density Residential ("LMDR")
Single-Family Residential 8 ("RS 8")
Multiple-Family Residential 8 ("RM 8")
Multiple-Family Residential 10 ("RM lO")
Multiple-Family Residential 12 ("RM 12") Medium Density Residential ("MDR")
Multiple-Family Residential 16 ("RM 16")
Multiple-Family Residential 20 ("RM 20")
Multiple-Family Residential 24 ("RM 24") Medium High Density Residential ("MHDR")
Multiple-Family Residential 28 ("RM 28") High Density Residential ("HDR")
Mobile Home Park ("MHP") Mobile Home Park ("RMH")
CITY OF CLEARWATER
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EXECUTIVE SUMMARY
2. The three districts employed on the Beach were consolidated into a single district.
OLD BEACH DISTRICTS NEW BEACH DISTRICT
Commercial Beach ("CB")
Resort Commercial 24 ("CR 24 ") Tourist ("T")
Resort Commercial 28 ("CR 28")
3. Similarly, the various office and commercial districts were consolidated into a single
office district and a single commercial district.
OLD DISTRICTS NEW DISTRICTS
Limited Office ("OL") Office ("0")
General Office ("OG")
Neighborhood Commercial ("CN")
North Greenwood Commercial ("CNG")
General Commercial ("CG") Commercial ("C")
Intill Commercial ("CI")
Highway Commercial ("CH")
Commercial Center ("CC")
4. The downtown districts were consolidated and simplified into a single district.
OLD DISTRICTS NEW DISTRICT
Downtown Mixed Use ("D/MU")
Urban Center ("UC") Downtown ("D")
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EXECUTIVE SUMMARY
5. The industrial districts were also consolidated into a single comprehensive economic
development district.
OLD DISTRICTS NEW DISTRICT
Limited Industrial ("IL")
Research, Development and Office Park ("RD") Industrial, Research and Technology ("IRT")
6. The balance of the districts, special or limited purpose districts were reorganized and
revised, but remain basically the same substantively.
OLD DISTRICTS NEW DISTRICTS
Public/Semi-Public ("P/SP") Institutional ("I")
Open Space/Recreation ("OS/R") Open Space/Recreation ("OS/R")
Preservation ("P") Preservation ("P")
N/A Mixed Use ("MU")
Activity Center/Primary ("AC/P") and Secondary Omitted
("AC/S") Overlay
Historic Overlay ("HO") Process for Designation included in Article 4, Division
5
Floodplain Overlay ("OF") Omitted
N/A Neighborhood Conservation Overlay ("NC") process
for designation included in Article 4, Division 6.
B. Increase flexibility.
1. The basic format of the districts is to establish three development options in each
district: 1) Standard, 2) Flexible Standard; and 3) Flexible. Uses are listed in a
permitted use chart for each development option, together with minimum standards
establishing "building envelopes" for individual parcels of land. The uses and
intensity of uses permitted as Standard development are permitted as a matter of
right subject only to the requirements in Article 3. The uses and intensity of uses
permitted as Flexible Standard and Flexible development are subject to the
requirements in Article 3 and subject to specific flexibility criteria which are
established for each use or intensity of use permitted as Flexible Standard or Flexible
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EXECUTIVE SUMMARY
development. In the Tourist and Downtown districts all development is permitted as
Flexible Standard or Flexible. (See discussion of Article 4 for review procedures)
2. The uses and intensity of uses permitted under the Flexible Standard and Flexible
options allow some deviation from past land use practices in terms of use, intensity
of use and development standards. Small lots in older neighborhoods which have
been undevelopable, for example, are eligible for development provided that the bulk
of the dwelling is compatible with the mass and scale of existing structures in the
area. In addition, there are opportunities for some limited development of attached
residential projects in carefully defined areas which are underutilized or deteriorated
where revitalization of existing single family dwellings or the development of vacant
lots is otherwise problematic. The new districts include two flexible development
options which are akin to the concept of planned development and allow a developer/
property owner to demonstrate that a substantial deviation from the underlying
district requirements are in the best interest of neighboring property owners and the
City as a whole, known as Residential Infill and Community Infill Redevelopment
Projects. Use of these techniques would not permit a change in use but would allow
modification to development standards.
3. The new districts include several concepts which are not available under the existing
regulations including a true mixed use district as an incentive to redevelopment and
a neighborhood conservation strategy which is an overlay for neighborhoods which
are stable and vital.
C. Eliminate inconsistencies, ambiguities and unnecessary regulations.
1. The revised districts employ a well-defined vocabulary to specify uses and
performance standards. All terms are defined in Article 8, many with graphic
illustrations. In addition, the quantitative aspects of the district regulations have
been simplified where possible, e.g. duplicative regulations - density, F ARs, OSR,
ISR and bulk standards -- have been consolidated in the form of building envelope
specifications: lot size, lot width, minimum yards, height and on-site, off-street
parking. Accessory uses are standardized and simplified in the new districts and
greater flexibility is provided subject to flexibility criteria, including provisions
allowing accessory dwellings in most districts.
2. The district regulations simplify the treatment of commercial retail uses and
consolidates the laundry list of permitted commercial uses into a single definition
which is all inclusive of commercial retail sales and service uses except for
enumerated exceptions. The regulations governing the location and permitting of
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alcoholic beverage uses have been simplified and revised so that such uses are treated
as land uses and regulated on the basis of compatibility with adjacent land uses and
other external attributes. 1 The new districts standardize the treatment of various
kinds of overnight accommodations (bed and breakfast, rooming houses, hotels and
time share) into a single definition with specific flexibility criteria for each district.
D. Deal with "problematic" land uses.
1. The district regulations address a number of problematic use issues including pawn
shops, day labor businesses, plasma centers and check-cashing businesses. The uses
are not prohibited, but they are strictly controlled to ensure that they do not have a
negative impact on the character of adjacent land uses and neighborhoods.
2. In addition, the new district regulations impose additional restrictions on the outdoor
display and storage of goods for sale, including screening and other performance
criteria.
E. Figure 1 is a summary ofthe uses permitted in each land use district. The "x" only indicates
whether the use is permitted; it does not indicate the nature of the approval required. No use
is permitted unless it complies with the provisions of the zoning district in which it is located
and the applicable development standards in Article 3 of this Redevelopment Code.
This treatment does not contemplate changing the existing procedures regarding background checks
and licensing of alcoholic beverage activities.
CITY OF CLEARWATER
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Figure 1
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EXECUTIVE SUMMARY
ARTICLE 3
DEVELOPMENT STANDARDS
This article contains all of the standards which govern development in the City, with the exception
of the building codes and flood plain requirements. The article is composed of 21 divisions,
organized alphabetically from "access management" to "temporary uses." Division 5 is reserved for
specific design standards for the Beach, Downtown, Gulf-to-Bay and North Greenwood. This
summary cannot highlight all the changes as there are numerous small changes. The following,
however, are the key changes:
A.
The addition of explicit criteria for approval of access to property;
B.
The addition of criteria for outdoor cafes which are accessory to a restaurant;
C.
Additional standards in regard to screening of solid waste containers as well as the use of
construction materials which are consistent with the principal use;
D.
The addition,,O'f~~ibition against extreme or garnish colors;
/' , OX/
The additi~rack design guidelines;
E.
F.
Clarification of dock and marina standards;
G.
Landscaping and location requirements for chain-link fences where such fences are
permitted;
H.
Design requirements for fences or walls which exceed 100 feet in length;
1.
Clarification of home occupation provisions, providing that the sale of merchandise from a
home, is permitted provided that such sale does not involve on-premise visits by customers;
J.
Numerous changes to existing landscaping requirements:
1. Requiring all development to install landscaping, except In the Tourist and
Downtown Districts;
2. Requiring landscaping when the floor area of an existing nonresidential or
multifamily structure is expanded or where off-street parking is redeveloped or
reconfigured;
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3. Increasing the number and size of trees and shrubs required;
4. Linking the amount oflandscaping to the type of use proposed as well as the adjacent
use;
5. Requiring a more complete irrigation system for required landscape areas;
6. Requiring foundation plantings along building facades along street rights-of-way;
7. Providing for differential landscaping along scenic corridors, when specific plans are
adopted; and
8. Clarifying the requirements for installation and maintenance.
K. Strengthening requirements for tree removal:
1. No protected tree (4" dbh) removed without a tree removal permit;
2. No tree removal permit except in conjunction with an application for development
approval;
3. Flexibility in development approval if required to preserve a protected tree;
4. Every protected tree which is permitted to be removed must be replaced on site on
an inch-for-inch basis or payment to the City's tree bank must be made; and
5. No credit for required landscaping is given for the replacement of protected trees;
L. Specific limitations on outdoor lighting;
M. Specific limitations on outdoor displays;
N. Increased flexibility in regard to parking requirements, including a shared parking formula
for mixed use development;
O. Additional property maintenance standards for both residential and nonresidential properties
and the clarification of existing provisions;
P. Signs. The revisions to the sign regulations address three subjects:
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EXECUTIVE SUMMARY
1. Clarification, simplification and increased uniformity of signage standards.
a. Clarify and add new definitions.
b. Simplify language of regulations.
c. Reformat regulations to improve readability.
d. Eliminate differences between sign standards in non-residential districts.
e. Add more quantitative measures of acceptable signage.
2. New minimum sign standards.
a. Reduce total amount of permitted sign face.
b. Reduce the total number of permitted signs on a parcel of land.
c. Reduce height.
d. Additional dimensional standards.
e. Increased landscape requirements for free-standing signs.
3. Creation ofa flexible signage option (Comprehensive Sign Program).
a. Allows flexibility in regard to size and number of permitted signs.
b. Requires that signage be a part of an architectural theme of the principal
building.
c. Reduction in permitted height of signage on parcel.
d. Requires consistency and compatibility with: adjacent land uses, community
character and special area or corridor design standards.
e. Requires that optional signage improve aesthetic character of property.
Q. Updating subdivision standards and including neighborhood street standards;
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R. Incorporation of draft telecommunication tower provisions;
S. Clarifying circumstances of temporary uses, including temporary special sales, sidewalk
vendors and similar activities; and
T. Addition of recently adopted transit shelter standards.
ARTICLE 4
DEVELOPMENT REVIEW AND OTHER PROCEDURES
This article contains all development review procedures. The principal goals of the revisions to the
existing Land Development Code regarding development review and permitting have been to
streamline the process and to provide the opportunity for flexibility in a context of certainty. By
consolidating the processes required to obtain development approval into three categories, not only
is there significant opportunity to reduce the time line for approval but the development review
process becomes easier to understand by the public. Moreover, in the redevelopment model the
compatibility of adjacent land uses is dependent on professional judgment. For example whether
a particular landscape buffer actually achieves the desired objective is best determined by a highly
qualified and experienced professional staff. The proposed development review process responds
to that situation by shifting the responsibility of initial decision making to the staff. The overall
objective is to make it easier to redevelop the City in a quality fashion.
The development review processes are categorized into three types, depending on the nature of the
approval required and the principal responsibility for decision making: Level One, Level Two and
Level Three.
A. Level One Approvals are those approvals delegated to professional staff, some of which
require the exercise of discretion, subject to specific standards (Flexible Standard
Development), with an appeal to an appointed board, the Community Redevelopment Board.
B. Level Two Approvals involve the exercise of more discretion, again subject to standards,
with the final decision made by the Community Redevelopment Board, with an appeal to a
Hearing Officer.
C. Level Three Approvals are those approvals which state law requires the City Commission
to make a final decision: Comprehensive Plan amendments, rezonings, amendments to the
development agreements and similar decisions.
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The following figure summarizes these different levels of approval:
DEVELOPMENT REVJ[EW
LEVEL
1
LEVEL
2
LEVEL
3
DRC
.
.
.
CDC
CRB
....--...\
t......)
CC
HO
:,......\
(.......)
c......)
. REVIEW & REC
. FINAL ACTION
() APPEAL
Within each level of approval, the review process is standardized to the extent possible. For
example, all applications for development approval commence with the same basic procedures: a
determination of whether the application is complete, that is whether all the information required to
be submitted is actually included in the application, and a determination of "legal sufficiency", that
is whether elements of the application (such as a landscape plan or traffic impact study) contain the
appropriate information, adequate for staff to determine compliance with the standards of the Code.
This determination is made by the Community Development Coordinator with a recommendation
of the Development Review Committee, in the case of approvals that require the exercise of
discretion. Except for very simple approvals, it is anticipated that most applicants will use an
optional pre-application process which would allow the staff to assist the applicant in making sure
that all information is properly submitted, ensuring a more expedited review.
In addition, time limits on staff review are included. For example, Level One Standard Development
applications would be approved in a maximum of20 days and Level One Flexible Development in
a maximum of 35 days. Another key element of the development review procedures is that
processes which were previously separately processed (e.g. site plans, subdivision plats, tree removal
permits etc) will be required to be submitted and reviewed together. Not only will this consolidation
save the applicant time, but it allows for standardization of application requirements, eliminating to
the extent possible, duplicative and conflicting requirements.2
2 This draft of the Redevelopment Code makes a first "cut" at consolidating application requirements but we
have recommended to staff further review and coordination both internally and with other professional staff at the
County level.
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The following flow charts graphically portray these procedures:
PERMITIED USES: LEVEL ONE
__hnnn_nn______________uu
APPLlCATrON FOR
: DEVELOPMENT APPROVAL
::::<:ii~i~~;~~~~;<:::::i
LMAX.
,5DAYS
MAX.J
5DAYSl
f"_n___________
DETERMINATION OF
MAX. i SUFFI~~ENCY ,
5 DAYSl i DEVELOPMENT REVIEW :
: COORDINATOR (LEVEL ONE:
",,[ l"=""""''''~'j
DE~t~:~J~~g~ OF :
BY : MAX.
DEVELOPMENTREVTEW :J IODAYS
COMMITTEE (LEVEL ONE :
'~"~~jl""
10 DAYS 1
COMMUNITY DEVELOPMENT
COORDINATOR
(DECISION)
,2.DAYS
PERMITTED USES: LEVEL TWO
PERMITTED USES: LEVEL THREE
!
!
J iu----~~~~i~~~~~~,;Epti~~~~-uu-i
15 ~:is :- ~--~ ---- .-----.-~--*- ~~- --------I--~ --~ --~ ~~ ~-- ~~ ~-- ~--~~~:
1: DETERMINATION OF :
: COMPLETENESS AND SUFFICIENCY :
: BY STAFF :
'-u------------u-1------------u----
r DEVELOPMENT REVIEW
COMMITTEE (REVIEW)
............................................~.
MAX COMMUNITY DEVELOPMENT
30 DAYS COORDINATOR
l__ (RECOMM;NDATION)
COMMUNllY
~ REDEVELOPMENT BOARD
(DECISION)
APPLICATION FOR
DEVELOPMENT APPROVAL
BUILDING PERMIT
CERTIFICATE OF
OCCUPANCY
(
I
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ARTICLE 5
DECISIONMAKING AND ADMINISTRATIVE BODIES
This article describes the principal "players" in the City in land use matters. One of the principal
changes recommended is the consolidation of the existing boards which are required to review,
recommend, and decide land use matters. A new board is created, called the Community
Redevelopment Board. This Board is composed of 7 members, one of whom is the Chair, all
appointed by the City Commission. Qualifications for board membership are suggested but not
mandated. This board would hear appeals from staff decisions, review and decide development
applications which involve more discretion than is delegated to staff (Level Two Approvals) and
review and recommend concerning matters which require City Commission action (Level Three
Approvals).
The only other board which is delegated a role regarding land use matters in the Redevelopment
Code is the Code Enforcement Board. While this board's jurisdiction and procedures are described
in a more complete and organized manner than the existing code, no significant changes are
suggested for this board. To the extent the City Commission determines that other existing boards
should be retained, they would have an advisory policy role, reporting directly to the City
Commission and the City Manager, but with no role in development review.
ARTICLE 6
NONCONFORMITY PROVISIONS
This article contains all of the provisions regarding "nonconformities", that is those uses and
structures which were lawful when established but which no longer conform to the City's
regulations. For example, the City has changed its regulations regarding signs, lot size, and other
matters over the years and this draft Redevelopment Code proposes additional changes. This article
contains provisions which govern the continuation of those uses which are now considered
"nonconforming." It is important to remember that these provisions do not convert uses which are
unlawful (that is, uses which did not obtain a permit or which never complied with the City's
regulations) into lawful uses.
The principle features of this article are:
A. Specific provisions for allowing expansion of nonconforming structures and prohibiting the
expansion of nonconforming uses.
B. Abandonment of nonconforming structures or uses for 6 months results in the loss of
nonconforming status (that is, can thereafter only be operated in conformance with the
Code).
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C. Prohibiting the reestablishment of a nonconforming use or structure if destroyed more than
50% of the assessed value of the structure or 50% of the cost of repair or replacement of the
fixtures and/or inventory.
D. Nonconforming signs must be brought into compliance when the principal use IS
redeveloped.
E. Establishing the circumstances where a dwelling may be constructed on a nonconforming
residential lot of record (if the lot was lawfully created and not held in common ownership
with any abutting land etc.).
F. Termination of nonconforming accessory uses and structures when the principal use is
abandoned, destroyed and requiring that such accessory uses be brought into conformity
whenever there is a "substantial improvement, addition to or change in the principal use or
structure" .
G. Specifying the circumstances where nonconforming access features must be brought into
compliance.
H. Providing a process where nonconformities can be converted to lawful status if certain
landscaping and parking is provided.
ARTICLE 7
ENFORCEMENT PROCEEDINGS AND PENAL TIES
This article consolidates all ofthe various enforcement and penalty provisions that were previously
scattered throughout the Code in order to clarify what remedies are available for enforcement and
to the extent permitted by law, streamline the enforcement process.
ARTICLE 8
DEFINITIONS AND RULES OF CONSTRUCTION
This article contains all ofthe various definitions of key terms which had previously been scattered
throughout the Code. Many new definitions have been included, principally ones required for the
new association of uses in Article 2, as well as graphics.
Finally, a comprehensive index will be provided for the final draft, making it easier to access
relevant provisions.
CITY OF CLEARWATER
EXECUTIVE SUMMARY: COMMUNITY REDEVELOPMENT CODE
PAGE 15
AUGUST 24,1998