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TA2009-01004 - ORD 8044-09 - August 18, 2009.~ Case: TA2009-01004 Ordinance Number: TA2009-01004 Agenda Item: D2 CDB Meeting Date: August 18, 2009 Case Number: TA2009-01004 Ordinance Number: 8044-09 Agenda Item: D2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. INITIATED BY: City of Clearwater Planning Department BACKGROUND: Tourism is an important aspect of the City of Clearwater's economy and identity. The City understands that tourists have a variety of preferences for the types of facilities they want to stay in when visiting the City. The City has demonstrated through the creation of Beach by Design and subsequent amendments to the plan that it recognizes the need for "destination resorts" as well as "small and mid-size hotel rooms" to serve this population. This broad range of accommodations types creates the unique character and atmosphere that is Clearwater Beach. In order to accommodate those visitors that prefer a limited resort-type accommodation with a residential feel and density, a new resort attached dwelling use is proposed to be created within the Tourist District to accommodate this niche market. Modern hotels of all sizes provide their guests with a variety of amenities, including restaurants, exercise rooms, meeting facilities, and sundries shops. The City desires to establish limitations on the overall floor area dedicated to such accessory uses in order to bring further clarification to accessory uses, to address the parking demands created by such uses, and to provide guidance on when a grouping of uses exceeds what is considered accessory to the primary use for the purposes of calculating development potential. The proposed amendments address accessory uses for overnight accommodations in both the Tourist and Commercial Districts. ANALYSIS: Proposed Ordinance No. 8044-09 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. Community Development Board -August 18, 2009 TA2009-01004 -Page I 1. Resort Attached Dwellings Use [Pages 8, 11 and 12 of Ordinance] The proposed amendments to the Community Development Code include a new use called "resort attached dwellings". This new use is allowed only in the Tourist District and is limited to residential density of 30 units per acre. This language mirrors that of the attached dwellings use, with the addition of criteria for limited accessory uses. Accessory uses are allowed, but their area cannot exceed 10 to 15 percent of the building footprint, and no exterior signage is permitted. 2. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist Districts Approved through the DRC [Pages 4, 7 and 8 of Ordinance] The proposed amendments establish new flexibility criteria for accessory uses contained within overnight accommodations in the Commercial and Tourist Districts. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations. The proposed amendment also establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the gross floor area of the development. Since the City of Clearwater is a beach community, outdoor activities are important, especially within the Tourist District. By only placing a limit on interior accessory uses, other accessory uses such as outdoor pools and tiki bars are exempt from this new limit. signage for accessory uses must be subordinate to and incorporated into the primary signage for the overnight accommodation use, and is limited in area. Within the Tourist District, however, the maximum floor area for accessory uses within a project that receives additional density from the Hotel Density Reserve (Reserve) established in Beach by Design is limited to 5 percent of the gross floor area. Eligibility to receive rooms from the Reserve requires that a project incorporate, meet and/or abide by certain criteria, including that accessory uses should be consistent with the amenities typical of a mid-size/limited service hotel (Beach by Design, 55). Additionally, developments that have received additional density from the Destination Resort Density Pool in Beach by Design are exempted from the new requirements because the intent of the Destination Resort Density Pool was to create larger resorts, and required a certain level of accessory uses be incorporated into the projects (Beach by Design, 50). 3. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist Districts Approved through the CDB [Pages 4, 10 and 11 of Ordinance] For projects processed through the Flexible Development process, proposed provisions would allow approval of up to 15 percent of the gross floor area for accessory uses if parking is provided at the level required for the most intensive accessory use(s) for the portion of accessory uses that exceeds 10 percent. Where a particular use within the District might have a range of required parking, the lowest number of spaces required by the parking standard will be used to calculate the required parking, since the parking standard for the primary use (overnight accommodations) already assumes some limited amount of accessory uses. Accessory uses must still be incidental, subordinate, and customarily accessory to overnight accommodations. However, if the floor area dedicated to accessory uses within the interior Community Development Board -August 18, 2009 TA2009-01004 -Page 2 of the structure exceeds 15 percent of the building gross floor area, then all of the interior accessory uses are considered additional primary uses when determining allowable density and intensity for the site. Within the Tourist District, projects that request additional rooms from the Hotel Density Reserve (Reserve) established in Beach by Design and propose interior accessory uses that comprise between 5 percent and 15 percent of the building gross floor area must calculate their density to remove this percentage from their development potential. Staff research has shown that the overall floor area dedicated to accessory uses within the small and mid-size hotels desired through Beach by Design is generally consistent with the proposed lower threshold of 5 percent. Some hotel projects may want to provide additional amenities to their guests; the balance between allowing a limited amount of additional accessory uses and accomplishing the goals set forth in Beach by Design can be achieved through the application of this proposed provision. Consistent with the Flexible Standard Development provisions, developments that have received additional density from the Destination Resort Density Pool in Beach by Design are exempted from the new requirements because the intent of the Destination Resort Density Pool was to create larger resorts with a greater amount of amenities for their guests. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective, and Policy which will be furthered by the proposed Code amendments: Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective A.6.6 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. Community Development Board -August 18, 2009 TA2009-01004 -Page 3 Findings The proposed amendments are consistent with the Comprehensive Plan for several reasons. The addition of the flexibility criteria addressing accessory uses in overnight accommodations continues to encourage the development of hotels within the City of Clearwater. Similarly, the creation of the new resort attached dwellings use provides another option for development on certain parcels within the Tourist District. The proposed amendments encourage the development of a variety of room types in which tourists can elect to stay. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103: Section 1-103.B. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and 3. Strengthening the city's economy and increasing its tax base as a whole. Section 1-103.E.2 Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the City Section 1-103.E.3 Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. Findings These amendments are consistent with the Community Development Code because they enhance property values by encouraging a variety of redevelopment projects including a mixture of accessory uses within overnight accommodations and the development of resort attached dwelling structures. Establishing criteria for overnight accommodations accessory uses promotes development and redevelopment while ensuring that additional uses are of a reasonable size. Continuing to encourage tourism strengthens the City's economy. The standards established by these amendments protect and enhance community character through the orderly and beneficial development of land. Community Development Board -August 18, 2009 TA2009-01004 -Page 4 SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8044-09 that amends the Community Development Code. Prepared by Planning Department Staff: Lauren Matzke, Pla III ATTACHMENT: ^ Ordinance No. 8044-09 S:IPlanning DepartmentlCommuniry Development Code 12009 Code AmendmentslTA2009-01004 -Resort IhvelfingslStaff ReportslOrdinance No 8044-09 CDB Staff Report 2009 08-IZ.doc Community Development Board -August 18, 2009 TA2009-01004 -Page 5 ORDINANCE NO. 8044-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-704. L. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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 desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Ordinance No. 8044-09 Section 1. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-4A0 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP G T D O I IRT 'OSR P CRNCOD IENCOD ftesidentiai ccesso dwellin s X X X X X X ttached dwellin s X X X X X X X Communi residential homes X X X X X X X X Detached dwellin s X X X X X X X X Mobile homes X Mobile home arks X Residential infill ro'ects X X X X X X X NonresidentiaE dult uses X X it ort X Icoholic bevera a sales X X X nimal roomin and or boardin X X X ssisted livin facilities X X X X utomobile service stations X X Cemeteries X Comprehensive infill redevelo ment ro~ect CIRP X X X X X X X Con re ate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfwa houses X Hos itals X Indoor recreation/entertainment X X X X Li ht assembl X Manufacturin X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Mixed use X X X X Ni htclubs, taverns and bars X X X X Non-residential off-street arkin X X X X Nursin homes X X X X Offices X X X X X X Off-street arkin X X O en s ace X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or stora e X X -2- Ordinance No. 8044-09 Overni ht accommodations X X X X X X X X Parkin ara es and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worshi X X X X Problematic uses X Public facili X X Publishin and rintin X Public trans ortation facilities X X X X X X X Research and technolo use X Residential shelters X X X Resort Attached Dwellin s X Restaurants X X X X X X Retail sales and services X X X X X X X X RV arks X Salva a ards X Schools X X X X X X X Self-stora a warehouse X X Sidewalk vendors X X Social and communit centers X X X X SociaV ublic service a encies X X X X elecommunications towers X X X X X /radio studios X X Utili /infrastructure facilities X X X X X X X X X X X X X X X ehicle sales/dis la s X X /ehicle sales/d;s lags, !:mated X x ehicle sales/dis la s, ma or X ehicle service X ehicle service, limited X ehicle service, ma or X eterina offices X X X X holesale/distribution/warehouse acilitY_ X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. *********** Flexibility criteria: -3- Ordinance No. 8044-09 M. Overnight accommodations. *********** 7. Accessory uses: a Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations; b The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development; c Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-704.L, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** ii. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations; b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. c. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 Section 4. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-801.1, "Maximum Development Potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City Council and the countywide planning authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Maximum Maximum Floor Area Ratio/ Maximz~m Overnight Countywide Dwelling Impervious Surface Ratio Accommodations Units/Resort Units Per Acre Fz~ture Land Attached Use Dwelling Units Overnight Overnight N -Re id ti l B e Designation Accommodations Accommodations on en a s as Alternative per Acre of Uses Land (Base) (Alternative) Less than one FAR 2.0/ISR .95 acre: 70 Between one ,n~ Resort Facilities 30 dwelling FAR 1.0/ISR .95 FAR 3.0/ISR .95 FAR 1.0/ISR .95 50 three acres: High units per acre 90 Greater than FAR 4.0/ISR .95 three acres: 110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 5. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -s- Ordinance No. 8044-09 Table 2-802. "T"District Flexible Standard Development Standards ~~~ Min. Lot Min. Lot Max. t~~ Min. Setb~ cks D Min. Off-Street Use Area Width Height (ft.) ensity Parking (s9 rt) (ft) (Tt) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 i~ 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35-- 50 10-- 15 10 10-- 20 30 units/acre 2 Per unit Governmental Uses tz~ 10,000 100 35-- 50 ] 0-- 15 0-- 10 10-- 20 n/a 3--4/1,000 GFA Indoor 5 000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA RecreationBntertainment , 100 10 Medical Clinic 10,000 100 ~0 l~ 10 20 20 2--3/1,000 GFA Mixed Use 10 000 50-- 35-- 0--15 0-- 10-- 30 Based upon use , 100 50 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10 000 100 35-- 10-- 0-- 10-- n/a 3--4 spaces per , 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of iot area or as determined by Outdoor 000 5 50 35 ] 0-- 10 20 n/a the community RecreationBntertainment , 15 development director based on ITE Manual standards Overnight 000 20 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit Accommodations , 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a community Facilities development coordinator based on ITE Manual standards Public Transportation I31 n/a n/a 10 n/a n/a n/a n/a n/a Facilities -6- Ordinance No. 8044-09 Resort Attached Dwellings 10 000 100 35--50 10--15 10 ] 0--20 n 1.5 per unit its/acre u 5,000-- 50-- 25-- 10-- 0-- 10-- / 7-15 spaces per Restaurants 10,000 100 35 IS 10 20 n a 1,000 GFA Retail Sales and Services 5,000-- 50-- 35-- ]0-- 0-- 10-- n/a 4--5 spaces per 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- ]0-- 0-- 10-- °/a 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 GFA Utility/Infrastructure (4> n/a n/a n/a 25 ] 0 10 n/a n/a Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", subsection 2-802. K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. Flexibility criteria: *********** K. Overnight accommodations. *********** 10. Accessory uses: a. Accessory uses must be incidental, subordinate. and customarily accessory to overnight accommodations; b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development; however, if receiving additional density from the Hotel Density Reserve established in Beach by Design, the maximum floor area for interior accessory uses shall be limited to 5% of the gross floor area of the development; c. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -7- Ordinance No. 8044-09 d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject the requirements set forth in Sections 2-802.K.10.a - c. Section 7. That Article 2, °Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. Flexibility criteria: *********** O. Resort attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level; 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient ~arking or improved design and appearance; c. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from the outside of the building. P9. Restaurants. *********** -s- Ordinance No.8044-09 Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Table 2-803", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Lot Max. Min. Min. Min. Min.Off-Street tp Use Area Width Heigh Fron~`l Sider Rearr Density parking (s9 ft) (ft~ (ft.) ~~~ (ft) (ft~) Alcoholic Beverage Sales 5,000 50 100 O--IS 0--10 10--20 n/a 5 per ],000 GFA Attached Dwellings 5,000-- 10,000 50-- 100 35-- 100 0--15 0--10 10--20 30 units/acre 2 per unit 2 spaces per attached dwelling unit and as determined by the 30 community Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; development Redevelopment Project 40 coordinator for all rooms/acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 000 5 50 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 Display , 100 GFA Marinas and Marina 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Facilities Mixed Use 5,000-- 50-- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 100 O--IS 0--10 10--20 n/a 10 per 1,000 GFA Offices 000 10 100 0--15 0--10 10--20 n/a spaces per 1,000 , 100 GFA 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor 000 5 50 35 5--15 0--10 10--20 n/a community Recreation/Entertainment , development coordinator based on ITE Manual standards Overnight ]0,000- 100-- 35-- O--IS 0--10 0--20 40 1-1.2 per unit Accommodations 20,000 150 100 rooms/acre Resort Attached 5,000-- 50-- 35-- 30 0--li 0--10 10--20 I.5 per unit Dwellings 10,000 100 100 units/acre -9- Ordinance No. 8044-09 5,000-- 50-- 25-- x--15 spaces per 1,000 Restaurants 10,000 100 100 O--IS 0--10 10--20 n/a GFA 5,000-- 50-- 35-- 4--5 spaces per 1,000 Retail sales and services 10,000 100 100 0--15 0--10 10--20 n/a GFA (I) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T')", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. *********** Flexibility criteria: *********** I. Overnight accommodations. *********** 11. Accessory Uses: a. Accessory uses must be incidental. subordinate. and customarily accessory to overnight accommodations; b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. c. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 5% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density; ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Desipn~ iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site; iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the project site; v. Determine the total floor area of all interior accessory uses exceeding 5% of the gross floor area of the proposed building -10- Ordinance No. 8044-09 vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage; vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the project as determined in vii. d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject the requirements set forth in Sections 2-803.1.11.a - d. Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. *********** Flexibility criteria: J. Resort attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building; 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; -1>- Ordinance No. 8044-09 5. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the ac~aregate, 15% of the building footprint. b. No signage shall be visible from the outside of the building. K~. Restaurants. *********** Section 11. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 8-102. Definitions. *********** Dwellings, resort attached means a dwelling unit located in the Tourist (T) zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for an tY erm. *********** Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 Section 16. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -13- Ordinance No. 8044-09 Resume Lauren Matzke 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 Lauren.matzke(u~myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth managemen(t1 laws related to b'V V~lwllllllellts' colllprehenslve plarul:l:g al~ld land develVpmellt reglllatl VllJ. l`l el Y~ed aJ sLUff tV the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. Planner Florida Planning and Development Lab Tallahassee, FL August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell T Tniyersity, 198R ASSOCIATION MEMBERSHIP American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present)