TA2009-03006 - ORD 8070-09 - October 20, 2009TA2009-03006
Ordinance number: 8070-09
Agenda item: E-1
CDB Meeting Date: October 20, 2009
Case Number: TA2009-03006
Ordinance Number: 8070-09
Agenda Item: E-1
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code and the Code of
Ordinances to implement the EAR-Based Amendments to the
Comprehensive Plan, to bring consistency between the Countywide
Plan Rules and the Community Development Code, to increase the
maximum height from 36 inches to 48 inches for non-opaque fences
on waterfront lots, to specify certain adjustments to the Zoning Atlas
to be made by the Community Development Coordinator, to decrease
the clearance required for awnings from nine to eight feet, to
eliminate sandwich board signs as signs permitted without a permit in
the Downtown District, and to address other minor editorial changes.
TNTTTATET/ BV; (~'itv of C"lParwater Planning T)Pnai'tmPnt
BACKGROUND INFORMATION:
The proposed text amendments to the Community Development Code and the Code of
Ordinances are associated with and are intended to ensure consistency with the 2008 EAR-Based
Atendments to the Clearwater Comprehensive Plan.
ANALYSIS:
The Planning Department is recommending a total of 14 amendments to the Community
Development Code and 2 amendments to the Code of Ordinances.
Some of the amendments are to provide consistency with the EAR-based amendments to the
Clearwater Comprehensive Plan that were adopted on December 18, 2008. Others ensure
consistency with the Countywide Plan Rules. Some amendments present a change in current
policy or a new policy. Other amendments are editorial in nature or are refinements to existing
codes.
U_~EAR Based LDRs\CDB StaIT report EAR Based LDRs\TA2009-03006 StaffReport CDB 102009 F1NAL.docx
Please find below a summary of the proposed amendments organized by Code Article. Attached
is Ordinance No. 8070-09 which includes all of the specific amendments. Within the ordinance
document, text that is underlined indicates proposed language and text containing strikethroughs
indicate deletions.
Article 1 -General Provisions
^ Map Adjustments (Section 1-108 and Section 1-109 of Ordinance, Pages 2-3)
• Future Land Use Plan Map Adjustments -The ordinance adds the criteria for
future land use map adjustments for the water/drainage feature, preservation, and
recreation/open space categories.
• Zoning Atlas Adjustments -This ordinance adds subsection E to Section 1-109,
which allows minor zoning adjustments to be made by the Community
Development Coordinator based upon information demonstrating errors or
omissions, or based upon historical data.
Article 2 -Zoning Districts
^ Flexible standard development uses in IRT (Pages 3-5 of Ordinance).
This amendment applies limitations to certain uses within the Industrial, Research and
Technology (IRT) district consistent with the Countywide Plan Rules. This ordinance
aiiieiidS iAT tv pro`v'ide .ii~.e iiiuitation.i ivr autviuvbiie S~,i v'iC~ Siaiivii, iiiajvr 'v'~iiiCi~. S~r`v'iC~.,
and retail sales and service uses and outdoor recreation/entertainment uses that are not part of
a master development plan within the Industrial Limited (IL) land use category to 5 acres. If
these uses exceed 5 acres, the property must be designated the appropriate future land use
categories that support these uses as primary uses.
Article 3 -Development Standards
^ Fence heights on waterfront lots (Pages 5-6 of Ordinance). This amendment adds new
Subsection "c" to Subsection 3-804.B.1 to allow for non-opaque fences to be 48 inches
rather than 36 inches in height on waterfront lots as requested by City Council. This
amendment deletes Subsection 3-804.C and deletes existing graphics.
^ Fence heights in visibility triangle on waterfront lots (Page 6 of Ordinance). This
amendment increases from 36 inches to 48 inches the maximum height for non-opaque
fences permitted within the sight visibility triangle for waterfront lots and replaces the
existing graphic. This amendment is consistent with the change outlined above.
2
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^ Encroachments by awnings (Pages 6-7 of Ordinance). This amendment decreases the
clearance from nine to eight feet for awnings encroaching into setbacks and rights-of--way
in the T, C and D Districts. This change reflects the typical clearance of many awnings.
^ Stormwater detention facilities (Page 7 of Ordinance). This amendment requires, where
feasible, the use of low impact development techniques for stormwater management.
This amendment is associated with Clearwater Comprehensive Plan Policy F.2.1.10 that
specifies that the City will encourage the use of "Low Impact Development" techniques
for Stormwater management, such as minimal land disturbance, the preservation of native
vegetation, and the minimization of impervious cover, through site plan and internal
review processes.
^ Landscaping (Page 7 of Ordinance). This amendment adds "Florida-friendly" plant
materials to those that are to be utilized to satisfy minimum landscaping requirements.
This amendment implements Clearwater Comprehensive Plan Policy F.1.1.1 that states
that all new residential and non-residential development shall be required to provide a
specified amount of Florida friendly shade trees based on an established desired ratio of
pervious to impervious surface areas. Shade trees will serve to provide heat reduction,
noise abatement, buffering, replenishment of oxygen, and aesthetic beauty.
^ Signs (Pages 7-8 of Ordinance). This amendment deletes sandwich board signs from the
list of signs permitted without a permit as the provision was superseded in the Downtown
Plan and by Ordinance No. 7997-08.
^ Reclaimed Water in Subdivisions (Page 8 of Ordinance). This amendment requires
ucvciuj~ci~ of iicw Suuuivl~ivu~ tv pro-viuc ilitcriiai rceiauucu wdtcr SystcriiS wuci7
reclaimed water will be available within seven years from the issuance of the
development order. This amendment implements Clearwater Comprehensive Plan
Policy D.5.5.8 which requires this to occur.
Article 4 -Development Review and Other Procedures
^ Historic Designation (Page 8 of Ordinance). This amendment allows the City in
addition to property owners to initiate an application for historic designation.
^ Application and Procedures (Page 9 of Ordinance). This amendment is an editorial
correction for development approval fees required by Section 4-202(F) rather than as
currently incorrectly listed as Section 4-202(E).
Article 8 -Definitions and Rules of Construction
^ Definitions (Page 9 of Ordinance). This amendment provides a new definition of Coastal
Storm Area which incorporates and replaces the definition of Coastal High Hazard Area
and is consistent with the changes made in the EAR-based Comprehensive Plan
amendments.
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CODE OF ORDINANCES
Chapter 24, Article III
^ Wellhead Protection -Permit-Required and Permit Requirements (Pages 9-10 of
Ordinance). These amendments modify the requirements for a wellhead protection
permit and aprotection-containment plan, including an increase in the distance from 500
feet to 1,000 feet from a well for potential expansion/change of an existing use with
contaminating materials. These two amendments are associated with Clearwater
Comprehensive Plan Policy D.5.7.3 that requires the City of Clearwater to continue to
protect groundwater quality by enforcing the Wellhead Protection Ordinance within the
area as specified in the plan as well as the guidelines and criteria for protection of potable
water wellfields.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 sets forth the procedures and criteria for
reviewing text amendments. Code amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive
Plan that are furthered by the proposed amendments to the Community Development Code:
A3. GOAL -THE CITY OF CLEARWATER SHALL ENSURE THAT ALL
DEVELOPMENT OR REDEVELOPMENT INITIATIVES MEET THE
SAFETY, ENVIRONMENTAL, AND AESTHETIC NEEDS OF THE
CITY THROUGH CONSISTENT IMPLEMENTATION OF THE
COMMUNITY DEVELOPMENT CODE.
Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent
with the density and intensity standards and other standards contained in
the Pinellas Planning Council Countywide Plan Rules, including criteria
and standards for nomenclature, continuum of plan classifications and
categories, use and locational characteristics, map delineation, other
standards, and special rules.
The proposed amendments include the addition of language allowing plan map boundary
adjustments for Water/Drainage Feature, Preservation and Recreation/Open Space
categories to be made by the Community Development Coordinator provided such map
adjustments are consistent with the Countywide Plan Rules, upon a finding of
appropriateness that such adjustment is minimal in extent and effect. Also, included is an
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amendment that allows adjustments to the City's Zoning Atlas to be made by the
Community Development Coordinator based upon information demonstrating errors or
omissions or based upon historical data. These adjustments will be consistent with the
Countywide Future Land Use Map and Countywide Rules.
Policy F.2.1.10 The City will encourage the use of "Low Impact Development" techniques
for stormwater management, such as minimal land disturbance, the
preservation of native vegetation, and the minimization of impervious
cover, through site plan and internal review processes.
The proposed amendment to Section 3-914 adds a requirement for low impact development
techniques for stormwater management.
Policy F.1.1.1 Require all new residential and non-residential development to provide a
specified amount of Florida friendly shade trees based on an established
desired ratio of pervious to impervious surface areas. Shade trees will serve
to provide heat reduction, noise abatement, buffering, replenishment of
oxygen, and aesthetic beauty.
The proposed amendment to Section 3-1202 includes language to include required plant
materials that are considered to be Florida-friendly.
Policy D.5.5.8 When new subdivisions are being developed and/or redevelopment occurs,
at locations where reclaimed water will be available within seven (7) years,
the developer shall provide internal reclaimed water systems that are
constructed to City specifications.
The proposed amendment to Section 3-1910 requires the developers of new subdivisions to
provide internal reclaimed water systems for locations where reclaimed water will be
available within seven (7) years.
The amendments provide processes and procedures to ensure that the Community Development
Code is consistent with the above goals, objectives and policies of the Clearwater
Comprehensive Plan. Many of the amendments implement the EAR-based Comprehensive Plan
amendments.
2. The proposed amendments further the purposes of the Community Development Code
and other City ordinances and actions designed to implement the Plan.
The proposed text amendments include a broad range of regulations providing for limitations on
uses, to standards and procedures. For example, proposed amendment (#7) to Section 3-914
creates standards for development techniques for stormwater management, while the amendment
(#11) to Section 4-607 changes the way historic sites are nominated for designation. The
proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes
of the Code.
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SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and further
the goals of the Clearwater Comprehensive Plan, the purposes of the Community Development
Code and the Code of Ordinances. The amendments further those development goals established
in the Code. Existing provisions of the Community Development Code and Code of Ordinances
will be amended to better reflect City development patterns, improve internal processes and to
meet the requirements of Florida Statutes by adopting code provisions that are consistent with
the EAR-based amendments.
Based upon the above, the Planning Department recommends APPROVAL of Ordinance No.
8070-09 that amends the Community Development Code and the Code of Ordinances.
Prepared by Planning Department Staff:
~~~_-
Sandra E. Herman, Planner III
ATTACHMENT:
^ Ordinance No.8070-09
6
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RESUME
SANDRA E. HERMAN Telephone: (727) 562-4586
100 South Myrtle Avenue Sandra.herman(c~mvclearwater.com
Clearwater, FL 33756
PROFESSIONAL EXPERIENCE
City of Clearwater -January 1986 to Present
(Starting from current position)
Planner III -Planning Department
• Primary responsibilities: Advanced professional level planning work of a difficult and
responsible nature in connection with growth and orderly development of the City in
accordance with the Comprehensive Plan and other statutes, ordinances and regulations
related to land use.
Administrative Support Manager (previoatsly titled Special Projects Manager) -Development
and Neighborhood Services Department
• Primar~res~onsibilities: Annual Department Budget -research for initiatives proposals,
preparation and maintenance of the Budget for the department under the approval of the
department director - FY07 $4.136M Budget / 54.5 FTE's / $4.046 Revenues Projected;
Primary supervision of administrative support employees and their priorities including all
financial work for the department, payroll, customer service, code enforcement casework
input into the Tidemark Permit Plan system, and all other administrative support functions;
Backup for the director and other managers in the supervision of department employees, and
attendance in city meetings; Preparation and submittal of all City Council Agenda Items for
the department; and special projects such as the City's Development Guides -Residential
and Commercial (initial research, meetings, preparation, distribution -hard copy books,
CD's and on the Internet, and periodic updates).
Planning Administrator /Assistant to the Departrraent Head - Central Permitting
Department (included Planning and Development Services)
• Primary responsibilities: Assistant to the Department Head: Directing and supervising
planners, zoning staff, and staff assistants involved with all planning functions -current and
long range, including development plans in accordance with the land development
regulations and the City's Comprehensive Land Use Plan; preparation of reports and
agencies including the City Commission, Planning and Zoning Board, Development Code
Adjustment Board, Pinellas Planning Council, Countywide Plarming AuthorityBoard of
County Commissioners, the State Department of Community Affairs and the Tampa Bay
Regional Planning Council. Member of the administrative team for large redevelopments
including the "Sunshine Mall" project. Coordinator for development reviews, working
closely with developers, attorneys, architects, engineers and citizen groups.
Permits Manager -Central Permitting Department (included Planning and Development
Services)
• Primary responsibilities: Supervision of permits counter staff working with occupational
licenses and building permits; lead planner for the State mandated Occupational License
Equity Commission project -successfully increasing occupational license fees and revenues
by 10% ($140,000); supervision of planning staff and functions as listed above. Report
preparation and presentation of cases to the City Commission and advisory boards.
Senior Planner- Planning and Development Department
• Primary responsibilities: Lead planner for the City in the 5-year Countywide Pinellas
Planning Council Land Use Plan Consistency Program, and City representative and
Chairperson for the Pinellas Planning Council's Planners Advisory Committee. Report
preparation and presentations to the City Commission and advisory boards.
Development Planner II -Planning and Urban Redevelopment Department
• Primary responsibilities: Lead planner responsible for site plan reviews and subdivision plat
reviews. Worked closely with applicants, attorneys, engineers and architects. Report
preparation and presentation of cases to the City Commission and advisory boards.
City of St. Petersburg -October 1974 -January 1986
Planner II -Planning Department
• Primary responsibilities: Lead planner responsible for site plan reviews, special exceptions,
and subdivision plat reviews. Worked closely with applicants, attorneys, engineers and
architects. Report preparation and presentation of cases to the City's Environmental
Development Commission and the City Council.
Planner I -Planning Department
• Primary responsibilities: Provide information and interpretation on zoning code regulations
to developers, architects, attorneys, and the general public; preparation of notices for public
hearings; and preparation of reports for vacations of rights-of--way and minor adjustments to
cnhrlivicinn nlatc
., ~ ... .......... . r -_ _...
Draftsman -Traffic Engineering Department
• Primary responsibilities: Engineering drafting of street and intersection plans in coordination
with state and county plans, and graphic presentations for Traffic Engineering projects.
EDUCATION
Bachelor of Science, Visual Arts /Communications, Florida State University, 1974
Associate of Arts, St. Petersburg Junior College, 1972
PROFESSIONAL MEMBERSHIPS
Florida Planning and Zoning Association, Inc. since 1982
American Planning Association, since 1986
ORDINANCE NO. 8070-09
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO
ADOPT LAND DEVELOPMENT REGULATIONS, TO FURTHER THE
CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE
AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR
EDITORIAL CHANGES BY AMENDING ARTICLE 1, "GENERAL
PROVISIONS", SECTION 1-108, "COUNTYWIDE CONSISTENCY", TO
RENAME THE SECTION AS "FUTURE LAND USE MAP" AND TO
MAKE "COUNTYWIDE CONSISTENCY" INTO A NEW SUBSECTION 1-
108.A, AND TO ADD A NEW SUBSECTION 1-108.B "MAP
ADJUSTMENTS", TO PROVIDE FOR CRITERIA FOR MAP
ADJUSTMENTS FOR WATER/DRAINAGE FEATURE,
PRESERVATION, AND RECREATION/OPEN SPACE CATEGORIES,
AND AMENDING SECTION 1-109, "ZONING ATLAS", TO ADD A NEW
SUBSECTION 1-109. E, "ADJUSTMENTS TO THE ZONING ATLAS", TO
SPECIFY CERTAIN ADJUSTMENTS TO THE ZONING ATLAS TO BE
MADE BY THE COMMUNITY DEVELOPMENT COORDINATOR; BY
AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1303,
"TABLE 2-1303", TO LIMIT AUTOMOBILE SERVICE STATION, MAJOR
VEHICLE SERVICE, RETAIL SALES AND SERVICE USES AND
OUTDOOR RECREATION/ENTERTAINMENT USES IN THE IRT
ZONING DISTRICT; BY AMENDING ARTICLE 3, "DEVELOPMENT
STANDARDS", SECTION 3-804, "SETBACK AND HEIGHT
REQUIREMENTS", TO ADD A NEW SUBSECTION 3-804.B.1.c.,TO
INCREASE THE ALLOWABLE HEIGHTS OF NON-OPAQUE .FENCES
FROM 36 INCHES TO 48 INCHES ON WATERFRONT LOTS AND TO
DELETE SUBSECTION 3-804.C AND TO DELETE GRAPHICS;
AMENDING SECTION 3-904, "SIGHT VISIBILITY TRIANGLE",
SUBSECTION 3-904.B, TO INCREASE FROM 36 INCHES TO 48
INCHES THE MAXIMUM HEIGHT FOR NON-OPAQUE FENCES
PERMITTED WITHIN THE SIGHT VISIBILITY TRIANGLE FOR
WATERFRONT LOTS AND TO REPLACE THE EXISTING GRAPHIC;
AMENDING SECTION 3-908, "PERMITTED ENCROACHMENTS INTO
SETBACKS AND OVER STREET RIGHTS-OF-WAY", SUBSECTION 3-
908.A.1, TO DECREASE THE CLEARANCE REQUIRED FOR
AWNINGS FROM NINE FEET TO EIGHT FEET; AMENDING SECTION
3-914, "STORMWATER DETENTION FACILITIES", TO ADD A NEW
SUBSECTION 3-914.C, TO ADD THE USE OF "LOW IMPACT
DEVELOPMENT" TECHNIQUES FOR STORMWATER MANAGEMENT,
AND AMENDING SECTION 3-1202, "GENERAL LANDSCAPING
STANDARDS", SUBSECTION 3-1202.B.3, TO ADD "FLORIDA-
FRIENDLY PLANT MATERIALS" TO THOSE PLANT MATERIALS THAT
ARE "NATIVE TO CENTRAL FLORIDA"; AMENDING SECTION 3-1805,
"SIGNS PERMITTED WITHOUT A PERMIT", TO DELETE SUBSECTION
3-1805.U, TO ELIMINATE SANDWICH BOARD SIGNS IN THE
DOWNTOWN DISTRICT, AND TO RE-LETTER THE REMAINING
SUBSECTIONS, AMENDING SECTION 3-1910, "SAME-WATER
SUPPLY FACILITIES", TO ADD A NEW SUBSECTION 3-1910.D, TO
REQUIRE DEVELOPERS OF NEW SUBDIVISIONS TO PROVIDE
Ordinance No. 8070-09
INTERNAL RECLAIMED WATER SYSTEMS IF THE DEVELOPMENT IS
LOCATED WHERE RECLAIMED WATER WILL BE AVAILABLE WITHIN
SEVEN (7) YEARS; BY AMENDING ARTICLE 4, "DEVELOPMENT
REVIEW AND OTHER PROCEDURES", SECTION 4-607 "HISTORIC
DESIGNATION", SUBSECTION 4-607. B, TO PERMIT THE CITY TO
INITIATE AN APPLICATION FOR HISTORIC DESIGNATION, AND
AMENDING SECTION 4-901, "AUTHORITY AND APPL-CABILITY",
SUBSECTION 4-901.C.6., TO ADD "TRANSPORTATION" TO "PUBLIC
FACILITIES; BY AMENDING ARTICLE 8, "DEFINITIONS AND RULES
OF CONSTRUCTION", SECTION 8-102, "DEFINITIONS", TO REPLACE
THE DEFINITION FOR "COASTAL HIGH HAZARD AREA" WITH A NEW
DEFINITION FOR "COASTAL STORM AREA"; AND MAKING
AMENDMENTS TO THE CODE OF ORDINANCES, CHAPTER 24,
ARTICLE III, WELLHEAD PROTECTION, SECTION 24.63 PERMIT-
REQUIRED AND SECTION 24.64 PERMIT REQUIREMENTS, TO
MODIFY THE REQUIREMENTS FORA WELLHEAD PROTECTION
PERMIT AND APROTECTION-CONTAINMENT PLAN, INCLUDING AN
INCREASE IN THE DISTANCE FROM 500 FEET TO 1,000 FEET
REQUIRED FROM A WELL FOR POTENTIAL EXPANSION/CHANGE
OF AN EXISTING USE WITH CONTAMINATING MATERIALS;
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, it is necessary to amend the Community Development Code for consistency
with the Comprehensive Plan, and
WHEREAS, the City of Clearwater, Florida, adopted the Evaluation and Appraisal
Report-based amendments to the Comprehensive Plan by Clearwater Ordinance No. 7993-08,
on December 18, 2008, and
WHEREAS, the City of Clearwater has determined where the Community Development
Code needs clarification and revision, and
WHEREAS, the City of Clearwater recognizes the need to amend Section 24.63 and
Section 24.64, Code of Ordinances, Chapter 24, Article III, by amending wellhead protection
permit language; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 1, "General Provisions", Division 1, Section 1-108,
"Countywide Consistency", of the Community Development Code, be, and the same is hereby
amended to read as follows:
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Ordinance No. 807-09
Section 1-108. Future land use map
A. Countywide consisfency. Applications for development approval shal- be consistent
with the provisions of this Community Development Code and the Countywide Future Land
Use Plan as required by state law. Development potential is based on the applicable zoning
district and as permitted by the Countywide Future Land Use Plan Designation. In cases where
there is a difference between the density permitted in the zoning district and that which is
permitted by the land use classification, the more restrictive shall prevail. In addition, uses of
land shall be consistent with uses permitted in the assigned zoning district as well as the uses
permitted by the Countywide Future Land Use Plan Designation.
B. Map adjustments. Plan map boundary adjustments for Water/Drainage Feature,
Preservation and Recreation/Open Space categories may be made by the Community
Development Coordinator provided that such map adjustments are consistent with a
jurisdictional boundary determination under state agency rules which is consistent with such
rules or are consistent with an approved site or project plan for a body of water or drainage
feature or are consistent with the purpose and characteristics of the particular category being
adjusted and are based upon a finding of appropriateness by the Community Development
Coordinator that such adjustment is de minimis in extent and effect.
Section 2. That Article 1, "General Provisions", Division 1, Section 1-109, "Zoning
Atlas", of the Community Development Code, be, and the same is hereby amended to read as
follows:
Section 1-109. Zoning atlas.
E. Adlustments to the zoning atlas. Loning atlas adjustments may be made by the
Community Development Coordinator based upon information demonstrating errors or
omissions or based upon historical data.
Section 3. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and
Technology District ("IRT"), Section 2-1303, "Table 2-1303", 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 Max
Uses .
Area .
Width
1~lin. Setbacks .
Height
MIN. OFF-STREET
eft) PARKING
(sg. ft.) ~.) (ft~~
Side/
Front*
Rear
Automobile Service Stations 20,000 100 20 IS 30 4/1000 SF GFA
Major Vehicle Serviced 20,000 100 20 IS 30 4/1000 SF GFA
-3-
Ordinance No. 8070-09
Manufacturing~(~~ 10,000 100 20 IS 50 l.~/1.000 SF GFA
Offices 20,000 200 20 I> >0 3/1,000 SF GFA
l -- ] 0/ 1.000 SF Land Area or
as determined by the
Outdoor RecreationBntertainment ~ 40,000 200 20 15 30 community development
coordinator based on ITE
Manual standards
Outdoor Storage ]0,000 100 20 ]5 30 3;1,000 SFGFA
Parking Lots 10,000 100 20 15 n/a n/a
Public Facilities 10,000 100 20 1> >0 1--2 per 1,000 GFA
Public Transportation Facilities( (~} n/a n/a n/a n/a 1 U n/a
Publishing and Printing 10,000--
20,000 100--
200 20 IS ~0 3/1,000 SF GFA
Research and Technology 10,000 100 20 1> j0 2/1.000 SF GFA
Residential Shelters ~ x,000 ~0 20 1~ 30 3/1,000 SF GFA
Retail Sales and Services( n/a n/a n/a n/a n/a nla
Restaurants( {4j 20 15 30 7-- ] ~ spaces per 1,000 GFA
] 0 000 100
1 per 20--25 units plus 2 for
Self Storage 10,000 100 20 15 ~p manager's office
TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA
Utility/Infrastructure FacilitiesL7,2 (S) n/a n/a 20 1 ~ n/a n/a
Vehicle Sales/Displays and Major 40,000 200 20 IS 30 1.~/1,000 SF Lot Sales Area
Vehicle Sales/1~isnlays(Rl (~rl
Vehicle Serviced (6j 10,000 100 20 1> >0 l.~/],000 SF GFA
Veterinary Offices or Animal 10,000 100 20 I~ 30 ~/1,000 SF GFA
Grooming
Wholesale/Distribution/Warehouse 10,000 100 20 1> >0 l.~/1,000 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.
Automobile service station major vehicle service and retail sales and service uses in the Industrial Limited (IL)
future land use category that are not part of a master development plan 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 the
appropriate category which shall include such uses and all contiguous like uses.
(-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.
Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a
master developmen~lan 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 m~ amendment to the appropriate category which shall include such
uses and all contiguous like uses.
{2}-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.
-4-
Ordinance No. 8070-09
l~ {~ 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.
(-4j 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 tive 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 2~ percent of the floor area of the principal use to which it is accessory.
(~ Utility/infrastructure uses shall not exceed five acres. Any such use: alone or when added to contiguuus like
uses which exceed tive acres shall require a land use plan map amendment to Transportation/Utility which shall include
such uses and all contiguous like uses.
{-6~ 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 2~ 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 2~
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.
**********
Section 4. That Article 3, "Development Standards", Division 8, "Fences and Walls",
Section 3-804, "Setback and height requirements", of the Community Development Code, be,
and the same is hereby amended to read as follows:
Section 3-804. Setback and height requirements.
B. Side and rear setback areas.
**********
Fences and walls shall be permitted to a maximum height of six feet between the principal
structure and any side or rear lot line with the following exceptions:
a. Fences grid wails may be permitted up to eight feet in height if located iri ilie industrial,
Research, and Technology District ("IRT").
b. Fences and walls may be permitted up to eight feet in height in the Commercial District
through Level One, (Flexible Standard Development) approval to buffer uses with drive-
thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales,
display and/or storage and residential zoning districts. If any fence is part of a Level Two
review, the decision to approve the fence will be made by the Community Development
Board.
c. On those properties adiacent to water, fences proposed to be located within 20 feet of
the property line adiacent to the water or within the required setback whichever is
greater, must be non-opaque and cannot exceed 48 inches in height.
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Delete existing graphic.
Delete existing graphic.
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Ordinance No. 8070-09
Delete existing graphic.
Section 5. 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.
B. To enhance views of the water from waterfront property, no structure or landscaping may be
installed, other than a fence around a swimming pool or any non-opaque fences not exceeding 48 ~6
inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in
Article 3, Division 8.
Remove existing graphic and replace with the following graphic.
PP.CPERTY LINE (TYPICAL]
NO STRUCTURE OR LANDSCAPING
M1AY BE INSTALLED. OTHER THAN
NON-OPAO, UE FENCE NOT
EXCEEDING 43" IN HEIGHT ~ MATER
<2~>
STRUCTURE
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20
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I
I --PROPERTY LtNE, SEA?"JAL! CR
i~9EAN HIGH WATER LINE,
`A'HICHEVER IS CLOSESTT0INARD
~- I THE INTEV7;QR CF THE PR.CPERTY
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20'
SIGHT `JISIBILITY TRIANGLE ---- _....___.._.__._...~`
Enhanced Views Restrictions
Section 6. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-908, "Permitted encroachments into setbacks and over street
rights-of-way", of the Community Development Code, be, and the same is hereby amended to
read as follows:
Section 3-908. Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas
and may be permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to
the ground such as building fascias, roof overhangs, eaves, canopies other than
freestanding canopies, awnings, marquees, and other similar projections, shall be
permitted to project into required setbacks as specified below.
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Ordinance No. 8070-09
In the Tourist, Commercial and Downtown Districts, such projections
shall be limited to ten feet and shall be permitted into any required
setback and over street rights-of-way provided a clearance of eight
n+ne feet over grade is maintained. In no case shall such projection
be closer than five feet from the curbline or the shoulder of the
roadway. Any awning with supports may be located up to the
property line and any awning that projects into aright-of-way shall be
cantilevered.
Section 7. That Article 3, "Development Standards", Division 9, "General
Applicability Standards", Section 3-914, "Stormwater detention facilities", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 3-914. Stormwater detention facilities.
C. The use of low impact development techniques for stormwater management
such as minimal land disturbance the preservation of native vegetation and the minimization of
impervious cover shall be required unless determined infeasible by the Engineering
Department.
Section 8. ,That Article 3, "Development Standards", Division 12, "Landscaping/Tree
Protection", Section 3-1202, "General landscaping standards", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1202. General landscaping standards.
**********
B. Plant material specifications. Except as provided in subsection (6) below, plant materials
which are utilized to satisfy the landscaping required by this development code shall comply
with the following minimum standards:
**********
3. Plant materials shall be those which are native to Central Florida, considered Florida-
friendly plant materials requiring minimal amounts of water fertilizers and pesticides
and which are recommended in the Plant Guide of the Southwest Florida Water
Management District are strongly encouraged.
**********
Section 9. That Article 3, "Development Standards", Division 18, "Signs",
Section 3-1805, "Signs permitted without a permit", of the Community Development
Code, be, and the same is hereby amended to delete subsection 3-1805.0 and re-letter
the subsequent sections as appropriate:
Section 3-1805. Signs permitted without a permit.
The following signs may be developed without development review pursuant to
Article 4 of this development code:
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Ordinance No. 5070-09
Section 10. That Article 3, "Development Standards", Division 19, "Subdivision Design
Standards", Section 3-1910, "Same--Water supply facilities", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 3-1910. ~a+~e--Water supply facilities.
D. When new subdivisions are being developed at locations where reclaimed water will
be available within seven (7) Vears from the issuance of the development order the developer
shall provide internal reclaimed water systems that are constructed to City specifications.
Section 11. That Article 4, "Development Review and Other Procedures", Division 6,
"Level Three Approvals", Section 4-607, "Historic designation", of the Community Development
Code, be, and the same is hereby amended to read as follows:
Section 4-607. Historic designation.
B. Application. An application for historic designation may be initiated by the Citv or
a property owner based on a report which includes, at a minimum, the following:
The location and boundaries of the property or district.
2. The historic, architectural, or archaeological value of the property or district, and its
relationship to the history, government or culture of the city.
3. Present and projected economic trends and conditions relating to the maintenance,
development or redevelopment of the property or district.
4. A list of contributing and noncontributing properties within a district.
**********
Section 12. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-901, "Authority and applicability", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-901. Authority and applicability.
**********
C. Exception. No certificate of concurrency/capacity is required for the following:
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Ordinance No. 8070-09
6. Public transportation facilities.
Section 13. That Article 4, "Development Review and Other Procedures", Division 9,
"Concurrency Management", Section 4-902, "Application and procedures", of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 4-902. Application and procedures.
A. An application for a certificate of Concurrency/capacity shall be filed with the
community development coordinator as part of an application for development approval and
shall include such fees as are required by Section 4-202 ~€-}-
Section 14. 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.
For the purposes of this Development Code, the following words and terms have the
meanings specified herein:
Coastal storm #+fll}-t~a~ard area means the area delineated in Map E-1 of the Coastal
Manaqement Element of the Clearwater Comprehensive Plan, which encompasses all of the
following: (1) the Coastal High Hazard Area (CHHA), which shall be defined by the Sea, Lake
and Overland Surges from Hurricanes (SLOSH) model to be inundated from a category one
hurricane, as reflected in the most recent Regional Evacuation Study, Storm Tide Atlas, (2) all
land connected to the mainland of Clearwater by bridges or causeways, (3) those isolated areas
that are defined by the SLOSH model to be inundated by a category two hurricane or above and
that are surrounded by the CHHA or by the CHHA and a body of water, and (4) all land located
within the Velocity Zone as designated by the Federal Emergency Manaqement Agency °t
r~oc~~nn}off ~ .~ C117A4 -~c vnno \/'1_R(l \/G nr \/
Section 15. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.63 Permit-Required, be, and the same is hereby amended to read as follows:
Sec. 24.63. Permit--Required.
(1) A wellhead protection permit shall be obtained from the engineering director for any
new business, commercial, industrial or other activity that has the potential to store or discharge
harmful quantities of known contaminating materials if any portion of the subject property is
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Ordinance No. 8070-09
within 1 000 feet of a potable water well.
5f30-#
a~rateF-we{1- A wellhead protection permit shall be obtained from the engineering director for any
new residential construction on property located within the city if any portion of the subject
property is within 100 feet of a potable water well. A wellhead protection permit may be issued
by the engineering director after review of the application and protection-containment plan (if
required) submitted by the applicant. No business tax receipt or building permit shall be issued
for any activity for which a wellhead protection permit is required until such permit has been
issued. Permits shall have a term not to exceed 12 months and shall expire on March 15 of
each year. Applications for annual permit renewal shall be submitted no later than 30 days prior
to permit expiration.
Section 16. That Code of Ordinances, Chapter 24, Article III, Wellhead Protection,
Section 24.64 Permit Requirements, be, and the same is hereby amended to read as follows:
Sec. 24.64. Permit requirements.
(4) If any new activity is proposed within 1 000 feet of a potable water supply well that
has the potential to store or discharge harmful quantities of known contaminating materials a
protection-containment plan shall be submitted.
If any
contaminating material is proposed to be used or stored for residential use within 100 feet of a
potable water supply well, aprotection-containment plan shall be submitted.
-~- - ~----=-- ---~ -r
(5) A weiihead protection permit appiication 3liaii at a -iiitliiliur~i iilciuue a iucauun iiia~ vi
the potable water well and 1,000 X88 feet surrounding the well, plans for the proposed
development or expansion/change of an existing use (if applicable), the location and
identification of the proposed activity,
a listing of any contaminating
material to be used or stored on the site and aprotection-containment plan if necessary.
Section 17. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended} and
amendments to the Code of Ordinances, Chapter 24, Article III, Wellhead Protection, Sections
24.63 Permit-Required and 24.64 Permit Requirements, are hereby adopted to read as set forth
in this Ordinance.
Section 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
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Ordinance No. 8070-09
Section 21. 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
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Ordinance No. 6070-09