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8043-09ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.13, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR Ordinance No. 8043-09 NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.13, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. 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 2-100 PERMITTED USES Use Categories = LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings x X X X X X X X Mobile homes x Mobile home arks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport x Alcoholic beverage sales X X X -3- Ordinance No. 8043-09 Animal grooming and or boarding X X X Assisted living facilities x X X X Automobile service stations x X Cemeteries X Comprehensive infill redevelopment ro'ect CIRP X X X X X X X Congregate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfway houses x Hospitals x Indoor recreation/entertainment x X X X Li ht assembl x Manufacturing x Marinas X Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursing homes x X X X Offices x X X X X X Off-street parking x X Open space x Outdoor recreation/entertainment x X X X X X Outdoor retail sales, display and/or storage x X Overnight accommodations x X X X X X X X X Parkin garages 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 worship x X X X Problematic uses x Public facility x X Publishing and printing x Public transportation facilities x X X X X X X X Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse x X Sidewalk vendors x X -4- Ordinance No. 8043-09 Social and community centers x X X X Social/ public service agencies x X X X Telecommunications towers X X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, major x Vehicle service x Vehicle service, limited X Vehicle service, major x Veterinary offices x X X X Wholesale/distribution/warehouse facility X Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LDR")", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR 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 LDR 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 acreaae 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. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate 1 dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDW)", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR 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 LMDR 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. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR 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 with the MDR 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. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Maximum Dwelling Maximum Floor Area Countywide Future Land Units per Acre of Land Ratio/Impervious Surface Use Designation Ratio Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR 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 MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, _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. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR.60/ISR .85 acre Section 7. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR 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 HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations of the property, including any acreage or floor area restrictions set _forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 acre -7- Ordinance No. 8043-09 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP 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 MHP 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 Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR.50/ISR .75 Medium acre Section 9. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C 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 C 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 Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55/ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 50 units per acre acre -8- Ordinance No. 8043-09 Section 10. 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 propert y, 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: Countywide Future Land Maximum Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort FAR 2.0/ISR.95 FAR acre and Facilities 30 dwelling FAR LOASR.95 FAR 3.0/ISR.95 1.0/ISR 50 three acres: High units per acre FAR 4.0/ISR.95 .95 90 Greater than 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 11. 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: Table 2-802. "T" District Flexible Standard Development Standards Use (1) Min. Lot Area Min. Lot Max . Height (1) Min. Setbacks Density Min. Off-Street Parking (s9 ft) Width (ft) (ft) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units acre 1/unit Alcoholic Beverage Sales 5,000 50 35 1- 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 Attached Dwellings 10,000 100 35--50 10 10 10-- 30 2 Per unit 0 unit acre Governmental Uses (2) 10,000 100 35--50 10-- 0-- 10-- n/a 3-4/1,000 GFA 15 10 20 Indoor 5,000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment 100 10 Medical Clinic 10,000 100 30--50 10 10 20 20 2--3/1,000 GFA Mixed Use 10 000 50-- 35--50 0--15 0-- 10-- 30 Based upon use , 100 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--50 10-- 0-- 10-- n/a 3-4 spaces per 1,000 15 10 20 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor 000 5 50 35 10 10 20 n/a determined by the Recreation/Entertainment , 15 community development director based on ITE Manual standards Overnight 20,000 100- 35--50 10-- 0-- 10-- 40 1.2 + per unit Accommodations -150 15 10 20 rooms/acre - Parking Garages and Lots 20,000 100 50 15- 10 to- n/a n/a 25 20 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 n/a the community Facilities development coordinator based on ITE Manual standards Public Transportation Facilities (3) n/a n/a 10 n/a n/a n/a n/a n/a Restaurants 5,000-- 50-- 25--35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 10,000 100 15 10 20 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--50 10-- 0-- 10-- ?a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure X41 n/a n/a n/a 25 10 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. -10- Ordinance No. 8043-09 (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 12. 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 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 tq Use Area Width t Heigh Fro(! ? Density Parking ft.) (s9• ( ft.) ft.) ( (ft) I) ft) (ft.) Alcoholic Beverage Sales 5,000 50 ;500 0--15 0--10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 50-- 35-- 0-45 0-40 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; community 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 5 000 50 35-- 0--15 0--10 10--20 n/a 4--5 spaces per Display , 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0-40 10--20 n/a i space per 2 slips Facilities 15 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 0--15 0-40 10--20 n/a 10 per 1,000 GFA 100 Offices 10 000 100 35 0-45 0-40 10--20 n/a 3-4 spaces per , 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 000 5 50 35 5-45 0-40 10--20 n/a determined by the Recreation/Entertainment , community development coordinator based on ITE Manual Ordinance No. 8043-09 standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0--15 0--10 10--20 n/a 7--15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 10,000 100 100 1,000 GFA (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. 1. Overnight accommodations. 6. Off-street Darkina: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 98. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 163.3221--163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The development agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 14 days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. *********** Section 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -12- Ordinance No. 8043-09 Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") 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 D District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("O")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O 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 O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, 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. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Land Use Designation per Acre of Land Ratio/Impervious Accommodations Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I 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 I 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 Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: -13- Ordinance No. 8043-09 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70/ISR .90 Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District ("I")", Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "1" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft.) Height Min. Off-Street Parking (s9• ft•) (ft.) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 20 50 .5--1 per 2 students Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1--2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 511000 SF Outdeef 40 000- 200- ? 4-0- ? M_ 1 10/1,000 SF LandArea ores determined by the :.. De ..t:,.../C..?e ..a , development 600FElineAer .. TTC AAantial s «d..Ms Parking Garages and Lots 20,000 100 25 10 20 50 n/a Places of Worship 20,000 100 25 10 20 50 .5--1 per 2 seats Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 20 30 1 per 2 residents Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA -14- Ordinance No. 8043-09 Utility/Infrastructure n/a n/a 15-- 10 15-- n/a n/a Facilities(1) 25 20 Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 10500 25 5 15 50 1 per 2 residents Social and Community 20 000 100 15 10 15 30--40 4--5 per 1,000 GFA Center , 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** 3. Sound amplifiGatien us designed and GenStFUGted to ensuFe that Re amplified seund Gan be heaFd to the e)dent that the sound is FeGegnizable in teFFnS of the Meaning 9f WOMS GF Fneledy when wind Genditions aFe less than ten miles peF heuF at a distanGe of FneFe than 100 feet in all diFerations eF when wind Genditions aFe ten miles peF h9UF OF gFeateF at-a di + nee of mere than 160 feet on all rdirentiens; *********** Section 17. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT 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 IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, -15- Ordinance No. 8043-09 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. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Maximum Floor Area Ratio/ tywide Maximum Overnight ccommodations Coun Dwelling Impervious Surface Ratio Units Per Acre Future Land Use Units per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master ? development plan development plan Industrial N/A FAR.65/ISR FAR 1.5/ISR /ISR 65 requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] Industrial FAR General N/A N/A N/A .75/ISR N/A N/A .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT'), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft.) Height Min. Off-Street Parking (s4•ft) (ft) (ft) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 511,000 SF GFA or 5/lane, 2/court or Recreation/Entertainment(24) 1/machine Manufacturing u 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (D 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a -16- Ordinance No. 8043-09 use)(52) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.511,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.511 000 SF GFA Warehouse Facility , (1) Government 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. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)ln the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including12rocessing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five twe and one half acres. Any such use, alone or when added to contiguous like uses which exceed five twe and one half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) lRE100F reereatiamlenteFtEkinfoent uses, when alone or added to existing eentiguetis like uses, and when not pai4 of master development plan, shall fiet exeeed five aeFes. This restfietieft applies when used in the industrial Limited (1W (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category 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 Commercial General which shall include such uses and all contiguous like uses -17- Ordinance No. 8043-09 Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Setbacks Min Max. Uses Area Width . (ft) Height Min. Off-Street Parking (s9• ft•) (ft.) 00 Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.511,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(24_) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 100-- 20 15 50 3/1,000 SF GFA 20,000 200 Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential SheltersQ-2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(43) 5,000-- 10,000 50- 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' manager s office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.511 000 SF Lot Sales Area Vehicle Sales/Displays(64) , Vehicle Service (6) 10,000 100 20 15 50 1.511,000 SF GFA Veterinary Offices or Animal 10 000 100 20 15 30 511 000 SF GFA Grooming , , -18- Ordinance No. 8043-09 Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.511,000 SF GFA Facility *The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (24-) Public transportation facilities 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 Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters 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 Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category 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 amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five tee acres. Any such use, alone or when added to contiguous like uses which exceed five tea acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. Any stieh use, alone or when added to eentiguetts like uses whieh exeeed twe a-;;d- sene, halff A-e-res she4l reqt1iFe a land use plan amendment to the appropriate eategef?,;.W;ieh Sh-all inelude suel; u-se, -and all eentiguetts like uses. Res4atiF whieh it is aeeessef-y, and shall not &Eeeed 25 pereent of the fleer area of the prineipal use to whieh it is aeeessef?,. D. Offices. *********** The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. *********** -19- Ordinance No. 8043-09 Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR 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 OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, 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. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (sq. ft.) (ft.) (ft.) Front Side Rear Governmental Use n/a n/a n/a n/a n/a n/a n/a 2.5--5 per 10,000 SF land area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Publi Transportation ?T n{a- Wa-- nia-- Wa- tea- ? ? Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility/Infrastructure n/a n/a 25 10 20 n/a n/a Facilities -20- Ordinance No. 8043-09 *********** B. Outdoor recreation/entertainment.- 1. The use is limited to golf courses and clubhouses. 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 3-2. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. *********** eFtatien fanilit to s-ewe ess }r__nn6 aF unless n@6 -- -- it ste established ttans s With y y p ° `Crrc ?cs cr°, r`?P ?T ? demenstrated rideFship demand; t . urrs rr?.acV p designated as residential in the Zoning Atlas; t se that ne li ht *6 Gast diFeGtl on aR Fesidential use eF land desi nated as F id nti g y y the Zening Atlas; and g es e *********** Section 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("Ptt)tt, Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P 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 P 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 -21- Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR.10/ISR .20 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. Y"District Flexible Standard Development Standards Use Min. Lot Size Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street (sq. ft) Width (ft.) (ft.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips OtttdOOF Re afie . Eate.heinment 0,000- 1-90- 2-5-- 4-0-- 4--5 39- 540,000 SEl. ft. i and *********** Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: -22- Ordinance No. 8043-09 Section 3-601. Docks. C. New docks. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. g. Deviations. The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: La++) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or Lbbiii) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. -23- Ordinance No. 8043-09 iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property: and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be incurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adjacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (c)(3)(#). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency, or any multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Csommunity Ddevelopment Bboard (CDB). Any multi use deGk with a deGk area .. - 500 square feet shall be All commercial docks shall be reviewed for compliance with the following criteria. *********** b. Impacts on existing water recreation activities. The 11°°Ule-proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude h*ndeF e -24- Ordinance No. 8043-09 d+sseUFage the existing uses of the adjacent waterway. Such by uses include +nslad+ng but are not limited to non-motorized boats and motorized boats. h. Dimensional standards. *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not proiect into the navigable portion of the waterway by more than and additional 50 feet or extend 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** , i_v} Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h fr the ;* i °f thus seGti ^ may be sensidered-aed approved by the Csommunity Ddevelopment Bboard through a Level Two (flexible development) approval process based on the following: +n- erdeF to i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and ii) The proposed dock location needs to be adiusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - g; and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property; and y)The_granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare; and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable -25- Ordinance No. 8043-09 length or to project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. *********** G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density. FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distance triangle described in the following figure. -26- Ordinance No. 8043-09 Remove existing -graphic and replace with the following araphic. RIGHT OF WAY H H3. xJ} 120' 201 NO STRUCTURE OR LANDSCAPING n 20' MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30" IN HEIGHT 7 70 STRUCTURE =i PROPERTY LINE (TYPICAL) O n Sight Visibility Tria ngle TRIANGLE B. To enhance views of the water from , siQa„teal waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure except as otherwise allowed in Article 3 Division 8 the "C ang-le formed by ten feet baGk 40M the PFOpeFty line on the wateF and along the side ffeperh, rET lne. Remove existing graphic and replace with the following graphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHT WATER `... / 1120 I PROPERTY LINE (TYPICAL) STRUCTURE PROPERTY LINE, SEA WALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY r i I,n <0' 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions -27- Ordinance No. 8043-09 Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaping V" adjar.ent to preservation diStFiGt OF jurisdirtional wetlands. A. Vegetative buffer adiacent to preservation district or iurisdictional wetlands 1.X A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.8-. The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.G No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D-. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5.€ If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. -28- Ordinance No. 8043-09 Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(6), whichever is less. -29- Ordinance No. 8043-09 35' cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. 18' Non-cut-off Fixtures *********** D. Sea turtle nesting areas. the ,henpossible, t no light within `00 feet shall he visible ,r,-,.??-? .......?...... ........- May 1 to QrstebeF 31. ThThese-areas-wene sesUFity and p u liG safety FequiFe lighting, n n shall be used as a guide te PF9vide -30- Ordinance No. 8043-09 I- OR T `'`, IIMS In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a Light fixtures shall be designed and/or positioned such that they do not cause direct illumination of the beach areas. b The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: -31- Ordinance No. 8043-09 Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8' 2" for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2 Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction front to back or side to side as shown in the following figure. Add the following graphic. o COLUMN AT FRONT OF PARKING SPACE 8 = TYPICAL SPACE WIDTH 5. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 6. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. -32- Ordinance No. 8043-09 7. Wheel stops shall not be used in parking garages. 8. Whenever access control equipment or barrier gates are used at the entrance to a parking garaqe a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 9 Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 10 When parking spaces are provided on a ramp the slope shall be less than 6-percent. 11 A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces In certain circumstances one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 12 All electrical conduits pipes downspouts, columns or other features that could be subiect to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 13. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6'4" wide by 22' long. b. Islands without cashier booth: 3'6" wide by 18'3" long. *********** Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. *********** B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 18. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. -33- Ordinance No. 8043-09 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date and 1 hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 4-0 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. *********** -34- Ordinance No. 8043-09 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. 5. For parcels located within an area designated Central Business District (CDBD) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDBD, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development rights may be sent from vacant and/or existing developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. ds. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where densitv/intensitv cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: -35- Ordinance No. 8043-09 4-1403. Use of transferred development rights E. The use of transferable development rights shall be consistent with the following: 4. There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. Section 34. 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. Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. Clearwater Beach means that portion of land Ivina in the Citv of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel: bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates: bounded on the south by the Clearwater Pass Channel: bounded on the west by the Gulf of Mexico. Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land floor area. Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. -36- Ordinance No. 8043-09 Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. *********** Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel: bounded on the east by the Clearwater Harbor: bounded on the south by the City of Clearwater City Limits: bounded on the west by the Gulf of Mexico. Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bisysles; mopeds; and/or motorcycles and excluding service of such vehicles. Section 33. 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 34. 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 35. 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 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED August 20, 2009 -37- Ordinance No. 8043-09 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Approved as to form: Lit Leslie K. Dougal ides Assistant City Attey -38- September 3, 2009 Frank V. Hibbard Mayor Attest: l Cy t is E. Goudeau City Jerk ?V FL' Ordinance No. 8043-09 MOTION TO AMEND ORDINANCE NO. 8043-09 ON SECOND READING On pages 31-33, amend Section 29 of the ordinance as follows: Section 3-1402.1.5 All parking lots shall be designed to meet the following requirements: *********** Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8' 2" for van-accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. l ' o g 1 0 V-0 t M X MAX. O COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SPACE WIDTH MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE B = TYPICAL SPACE WIDTH On Page 33, renumber the subsequent sections. Pamela K. Akin City Attorney September 3, 2009 Delete the following graphic.