7999-08 - Signed July 16, 2009 third reading (7999-09 2nd reading in error)
ORDINANCE NO. 7999-08
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING SECTION 2-902, "FLEXIBLE STANDARD
DEVELOPMENT', "TABLE 2-902", AND SECTION 2-903, "FLEXIBLE
DEVELOPMENT', "TABLE 2-903", TO ADD A FOOTNOTE ALLOWING
A REDUCED PARKING REQUIREMENT FOR CHANGES OF USE
WITHIN THE DOWNTOWN (D) DISTRICT WHERE THERE ARE NO
EXISTING PARKING SPACES OR AVAILABLE LAND FOR THEIR
CONSTRUCTION; CERTIFYING CONSISTENCY WITH THE CITY'S
COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater recognizes that many existing buildings and
properties along Cleveland Street have no existing off-street parking spaces and that it may be
impossible in many circumstances for any off-street parking spaces to be constructed; and
WHEREAS, the revitalization of Downtown Clearwater and specifically Cleveland Street
has been determined to be critical to the City's overall health; and
WHEREAS, the City of Clearwater desires to support and facilitate the establishment of
new businesses within Downtown Clearwater; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as the
Local Planning Agency, has reviewed this amendment, conducted a public hearing, considered
all public testimony and has determined that this amendment is consistent with the City of
Clearwater's Comprehensive Plan; and
WHEREAS, the City Council 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 COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section
2-902, "Table 2-902", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-902. "D" Flexible Standard Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Accessory Dwellings n/a n/a
Alcoholic Beverage Sales 30-50 3--5 per 1,000 GFA
Attached Dwellings 30-50 1-1.5 per unit
Convention Center 30-50 5 per 1,000 GFA
Indoor Recreation/Entertainment 30-50 3--5 per 1,000 GFA ill
Ordinance No. 7999-08
Facility
Mixed Use 30-50 Based upon use requirements
Nightclubs 30-50 3--10 per 1,000 GFA
Offices 30-50 1--3 per 1,000 GFAill
Overnight Accommodations 30-50 .75--1 per unit
Parking Garages and Lots 50 nla
I per 20,000 SF or as determined by the community
Parks and Recreation Facilities 50 development coordinator based on ITE Manual
standards
Places of Worship 30-50 .5--1 per 2 seats
Public Transportation Facilities 10 nla
Restaurants 30-50 5--15 per 1,000 GFAill
Retail Sales and Service 30-50 2--4 per 1,000 GFAill
Sidewalk Vendors nla nla
Social and Community Centers 30-50 2--4 per 1,000 GFA
Utility/Infrastructure Facilities nla nla
(1 ) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
A venue and Myrtle A venue that have no existing off-street parking spaces. nor the ability to provide any
off-street parking spaces. the use(s) of the buildings/properties may be changed without the off-street
parking that would otherwise be required for the change of use being provided.
Section 2. That Article 2, "Zoning Districts", Division 9, "Downtown District ("0")", Section
2-903, "Table 2-903", of the Community Development Code, be, and the same is hereby
amended to read as follows:
Table 2-903. "D" District Flexible Development Standards
Use Max. Height (ft.) Min. Off-Street Parking
Alcoholic Beverage Sales 30-100 3--5 per 1,000 GFA
Attached Dwellings 30-100 1--1.5 per unit
Comprehensive Infill Redevelopment Determined by the community development
Project nla coordinator based on the specific use and/or ITE
Manual standards
Educational Facilities 30-100 4/1000 GFA
Governmental Uses 30-100 3--5 per 1,000 GF A
Indoor RecreationlEntertainment 30-100 3--5 per 1,000 GFAill
Facility
Limited Vehicle Sales and Display 30 2--4 per 1,000 GFA
Marinas and Marina Facilities 30 I space per 2 slips
Mixed Use 30-100 Based upon use requirements
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Ordinance No. 7999-08
Nightclubs 30-100 3--10 per 1,000 GFA
Offices 30-100 1--3 per 1,000 GFAill
Overnight Accommodations 50-100 .75--1 per unit
Public Facilities 30-100 1--2 per 1,000 GF A
Restaurants 30-100 5--15 per 1,000 GFAill
Retail Sales and Service 30-100 2--4 per 1,000 GFAill
Social/Public Service Agencies 30-100 3--4 per 1,000 GFA
Telecommunication Towers Refer to Section n/a
3-200 I
Veterinary Offices, and or Animal 30 4 per 1,000 GFA
Grooming and Boarding
(1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola
A venue and Myrtle A venue that have no existing off-street parking spaces. nor the ability to provide any
off-street parking spaces. the use( s) of the buildings/properties may be changed without the off-street
parking that would otherwise be required for the change of use being provided.
Section 3. Amendments to the Community 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 4. 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.
Section 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7.
This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
December 18. 2008
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Ordinance No. 7999-08
PASSED ON SECOND READING January 15. 2009
PASSED ON THIRD AND FINAL July 16, 2009
READING AND ADOPED AS AMENDED
7!.,.~t/~
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
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Ordinance No. 7999-08