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TA01-06-02'i I {; t t~ i ,l. -i t ~f V f~ i ;~ V Ch. 419 COMMUNITY RESIDENTIAL HOMES - ~' CHAPTER 419 ,~ ; ~ ~~ • ~'dment shall nc r;~operatioi ~ COMMUNITY RES ~~~.. • IDENTIAL HOMES.; 'arttt' '~- ~ dy fo -a,~j a Sponsoring 419.001 Site selection of community residential ' r „ ; ~ safe care and supervision of the cis ~~ • d ~ment of its inter hued by subsectio homes. • The .district a mirnstrator shaA also provicigb government.the most,recently puti6she ~""`~-- ~l~ance with the pry red null'and voic 419.001 Site selection of community residential h a F~ - d that identifies all commurnty resdential~~~ h '~ de .~'ke may be enjoin ~m omes.- (1) For the purposes of this section, the following definitions shall apply: district in which t e pro posed site is to'r~~ local .government shall review the, got ~w sponsorin a enc m;a co daric ~l'°' "` unit housing ; ~ ~~e~l~n9 ur'suant to tl anc ' ~ melo (a) "Community residential home" means adwell- g g y r e withth t h~•+• .Hance of the jurisdiction: 7 zor~ v F {~ laws cal ~ °mmercial; reside ing unit licensed to serve clients of the Department of , (b) Pursuant to sucFtreview, the,local o ah if is established. Children and 'Family Services, which provides a living environment for 7 to 14 unrelated residents who oper- g d may: ,~• ~ 1.. Determine that the sitirig of the corn ~ r in thissection s ihm9 f-`any communil ate as the functional equivalent. of a family, including dential home is in accordance with local ~, ~ r ~ o ~~~ rior to Octob~ . 1l~shedp such supervision acid care by supportive staff as may . approve the siting If tFie,siting is approvedTtl e t ~ , ~ ,,r4 be necessary to meet the physical, emotional, and soring,agency may, establish the home at tfir+ Y j~thing in this section social needs of the residents: (b) °Department" means the Department of Chil- selected. ~ ..~ "~ 2. Fail to respond ~irithiri 60 jays }If the b d ~ aoommunity resident dren and Family Services. _ C ernment fails to respond,wrthin such hme~the~'""~fr ~ ~ (c) "Local government" means a county as set forth ing agency may estalilsFi'the home at the'~sites~ in chapter, 7 or a munici.paliry incorporated under the --_ provisions of chapter 165 : 3.. Deny the sdirig of~the+home o (c) The local overnment h ll td . ' " ~ ~_ _ _ . ~(d)-`°ResidenY' means any of the~following;,afrail g a s no enythea of a community residential home unless~ ~~" e t +, . ~ g. ~" ~ f-elder as.defined:ina. 400:618;:aphysically disabled or ~, . ~h ~ ernment establishes tfiat'the sitirig of~khe horrre eta , ~;t; . ~ handicapped person as defined in s. 760.22(7)(a);.a site selected: ~' ~ii~':' ~ .` `. ~~. developmentally disabled person as defined in,s. 1. Does not otherwise conform tokex~ng~ a,; 393.063(12); -a,nondangerous,mentally~ill. person -as _ tiregulations applicable to, otfµ fir, multrfamily uses a tb ~: ~~,,,., defined cn-. s.--394.455(18); or a child as defined in s. X39.01(14) s.984.03(9).or.(.12),.or_s..985:03(8). area. , ,,~ , ; ng Does not meet`ap~l~cable Ircensi 2 . ,: ~~~; ; (e) "Sponsoring agency" means an agency or unit ~ . established and determined by the department, irk ~ ~ ~, ~ of government, a profit or nonprofit agency, or any ing .requirements that tle~home'be located'to.asaurr+ ' '~~ ;' o other erson or or anization which intends to establish P , 9 i~ thehorgh ' ""`" of all clients the safe care and supervision t, or operate a community residential home. ~ ~ 3. Would result in such a°concentraton of corrrrr<r ,~ :'(2) -'Homes of six or fewer residents-whichother-~ ,wise meet the definition of a community residential nity residential homes in the area m proximity thesis on of sorb or would result rn~a~combinati selected .,~~., ;~ home shall be deemed asingle-family unit and anon-', , , homes with other residence"s~''n~the'commuruty. . ~ commercial, residential use- for the purpose of local `~-.laws and ordinances. Homes of six or fewer residents' that the nature and character of:~the area would be stantiall altered. A home that is located wdfiin araduk ~ , ~~ t ~ . t 'which otherwise meet the definition of acommunity res--'. of 1,200 feet of another exis"tm'"commuriity residei~t ~, ~,,, ~ idential home shall be allowed in sin le-famil or multifamily zoning without approval by thegocal go ern- home in` a` multifamrl ~ one shall be an overconcentration of suchytiomes that subs~,~baty ~ ,pr I ment, provided that such homes shall not tie•focated alters the nature and character of the area A~hometf~ ` ~" Y'~ within-a radius of 1,000 feet ofanother existing such { home with six or fewer residents. Such homes with six ~ is located within a radius of 500ifeet of an area of s _ gle-family zoning substantially'~ralters the nature and - A ~~ or fewer residents`shaU.not-be required o comply with h e tt , character of the area. ~ iy. y ~~ . ection soar hi ' ~r.', t e notification._provisions of -this section;. provid d; h h h i e „ s s in t (4) All distance re uirements . the existing -TO~ ° e . yc: owever, c at t e sponsor ng agency.or-the departm nt ' F ofi arest point measured from the n earest point~ ' ~ notifies the local govemment at the time of home Deco ~ ~ the n or area of single-family zoning to `pancy that the.home is licensed-by the-department: ~ J the proposed home. ~, vernment ar+a'~ (3)(a) When a site for a community 7esidential o (5) If agreed to by both the-local 9 be resofY~ , h. ~ lir l b t ao 'ns a n t In ment stwK v m l p a e t `' ' area zoned for mu ltifamil he enc h ll o , the h g r vr em o ocal ,on. The I throw h nform l dia t mediator a n g '~ r- chief executive officer of t e local ove nment ire v ting den e for the services of an indepe arran ss established Y and include in such notice the specific address of the may utilize the dispute resolution proce t to s. 186.E ,. :;x site, the residential licensing category, the number of residents, and the community support requirements of by a regional planning council pursuan Mediation shall be concluded within 45 days of a ou¢r ' ~ . ~, ~~ the program. Such notice shalt also contain astate- issue thr request therefor. The resolution of any son's ~~ `~~ ment from the district administrator of the department i di i h er the mediation process shall not alter any p erson ~ e if that p • , n cat ng t e need for and the licensing status of the to a judicial determination of any issu statutory °r coin' proposed community residential home and specifying entitled to such a determination under how the home meets applicable licensing criteria for the mon law. 1334 COMMUNITY .~ ~. the depadment shall not issue a license to a !~i agency for operation of a community resi- S ~ pome if the sponsoring agency does not notify supervision of the clients in ~ h ll also i i t t ~0 ~~l gequired by subsect onr (3)t A licenlse issued as ~ n s ra or s a provide to pt most recently published d ~~ " liaiice •with the provisions of this section ,lAm' oomp and continued opera- ll and void d ata ill community residential ho m~n o , nu considere e home may be enjoined. ~ t ~ ~ the proposed site is t `be I ;nt shall review the notific ~~`s~ ~t t m Adwelling~u h llb ibl thi ti r tt a :ncy in accordance with~ahe zo~~~ esu sse on s a ursuant o me- e~lame~o al laws and ordinances applicable risdiction. it to such review, the local govern P~y~i~h~ms established ential family units in the ;~' ine that the siting of the,commu e ~ Nothing rr this section shall be deemed to affect 1'~l~) of a'n"y community residential home law- thoritY s in accordance with local zon jeau ;ing. If the siting is approved, ~~ ~ ~tablished p ~ r to October 1, 1989, to continue to may establish the home at ~ ~~ ' ~"~ t~e~ iri this section shall ermit ersons to ~j Nothing'. ; P p espond within 60 days~~lf the loci ~' 1arPY a comm~unitY residential home who would con- ~ respond within such,tme, thespp~, ~ y establish the home at the site "'~ ' re siting of the dome. al government shall~ni t'den U> . ~ t, ~ TM y e~ ~ residential home unless the local~i d-, ~~~.,; lishes that :the siting of=tFie homeat~ of otherwise conform t~ existing Z~ ~~i ; ~ plicable to other multifa~ ily uses nt; .j ~ e ~' `` got meet applicable li nsing crrie; d determined by the departmem,ma~ ~ ~- , fir.. its that the home b e~located oassr Irv .nd supervision of all clients inttiehr~ result in such a concentration of cam homes in the area in proximitytoth~~ ~_~` vould result in a combiriation d sc " • ~6rn .., her residences in the°communiry a would bes~ and character of-the area ~~, „ , . ;d. A home that is located'within a ra~1 " ~~° I~" •f another existing communrtyresitl~c ` multifamily zone q~"shall be` ~ ~`~` lion of such' homes that stibslarl~, ` `. area. A hornera re and character of the in a radius of'S00 feet`o#~an aread~ ping substantially alterstttie natureT {, ,`a to area. ~! ance requirements in thts'sectionsha~' ~ _ ~ ~'~ ' n the nearest point of the existtng gle-family zoning to the nearest Phi ~• home. ~' ed to by both the local go'vemmerf>t 'f- rg agency, a conflict may be r gal mediation. The local go"vemments" ~~; . `fi~Y= e services of an independent med~ata? cess establ~ i l F~,. ~' . on pro dispute reso ut planning council pursuarii'~to s t~•~"`, °r45 days ~' hi . ` ~~`T Vie. . n all be concluded wit The resolution of any issue thr~ for , ~; ,, . process shall not alter any person's ;termination of any issueif_that perms ~ "IR . ~i~, hadeterminationunderstatutoryar' ~ ~~.:, stitute a direct threat to the health and safety of other persons or whose residency would result in substantial physical damage to the property of others. (10) The siting of community residential homes in areas zoned for single family shall be governed by local zoning ordinances. Nothing in this section prohibits a local government from authorizing the development of community residential homes in areas zoned for single family. (11) Nothing in this section requires any local gov- ernment to adopt a new ordinance if it has in place an ordinance governing the placement of community resi- dential homes that meet the criteria of this section. State law on community residential homes controls over local ordinances, but nothing in this section pro- hibits alocal ,government from adopting more liberal standards for siting such homes. History.-s. 1, ch. 89-372; s. 1, ch. 90-192; s. 4, ch. 91-428; s 36, ch 93.206; s 6, ch. 95-152; s. 42, ch. 96-169; s. 222, ch. 97-101; s 46, ch 98-280; s. 14, ch. 98-338; s. 53, ch. 99.193; s. 23, ch 99-284; s 7, ch 2000.135. 1335 statutes->View Statute : On 'r~unshine . Page 2 of 8 ~~ ~~ (9)- Ghild in need of~services meansa_child for•whom (here is~no pending investig'ation~into•an_ ,~ rallegation or suspicion`.of abuse, neglect,-or-abandonmeht; no~pending .referral alleging the child is' delinquent;. or.no-current.supervision-by the Departroent.of Juvenile Justice or the Departmeht of -Children and Family Services for an adjudication of dependency or delinquency. The child must, ~~ also, pursuant to this chapter,. be,found by the court: _J ~ -"(a)'To have persistently run away from the child's parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services, and treatment offered by the Department of Juvenile Justice or the Department of Children and Family Services; ~(b)~"`-To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation pursuant to ss. 232.17 and 232.19 and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services, and treatment offered by the Department of Juvenile Justice or the Department of Children and Family Services; or ~(c)_To have persistently disobeyed the reasonable and lawful demands of the child's parents or (_ legal custodians, and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling. (10) "Child support" means acourt-ordered obligation, enforced under chapter 61 and ss. 409.2551-409.2597, for monetary support for the care, maintenance, training, and education of a child. (11) "Child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of chapter 985, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition shall not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding pursuant to this chapter. +r(~1~2)~;'Child who is found to be dependent" or "dependent child" means a child who, pursuant to this chapter, is found by the court: ~(a)~To have been abandoned, abused, or neglected by the child's parents or other custodians. (.b)~To have been surrendered to the former Department of Health and Rehabilitative Services, the~Department of Children and Family Services, or a licensed child-placing agency for purpose of adoption. ~(c)i To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing 'agency, an adult relative, the former Department of Health and Rehabilitative Services, or the Department of Children and Family Services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents have failed to substantially comply with the requirements of the plan. ~(cl)j To have been voluntarily placed with a licensed child-placing agency for the purposes of subsequent adoption and a natural parent or parents signed a consent pursuant to the Florida Rules of Juvenile Procedure. ~(e) To have no parent, legal custodian, or responsible adult relative to provide supervision and care. ,~ --(f)-To be at substantial risk of imminent abuse or neglect by the parent or parents or the custodian. http :// 199.44.49.2/Statutes/index. cfm?App mode=Display_Statute& S earch_String=&URL=... 7/ 16/2001 statutes->View Statutes: Onli nshine • Page 2 of 11 intimidation to gain cooperation or compliance. 2. "Equality" means two participants operating with the same level of power in a relationship, neither being controlled nor coerced by the other. 3. "Consent" means an agreement, including all of the following: a. Understanding what is proposed based on age, maturity, developmental level, functioning, and experience. b. Knowledge of societal standards for what is being proposed. c. Awareness of potential consequences and alternatives. d. Assumption that agreement or disagreement will be accepted equally. e. Voluntary decision. f. Mental competence. Juvenile sexual offender behavior ranges from noncontact sexual behavior such as making obscene phone calls, exhibitionism, voyeurism, and the showing or taking of lewd photographs to varying degrees of direct sexual contact, such as frottage, fondling, digital penetration, rape, fellatio, sodomy, and various other sexually aggressive acts. (8) "Arbitration" means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. (9) "Authorized agent" or "designee" of the department means an employee, volunteer, or other person or agency determined by the state to be eligible for state-funded risk management coverage, that is assigned or designated by the department to perform duties or exercise powers pursuant to this chapter. (10) "Caregiver" means the parent, legal custodian, adult household member, or other person responsible for a child's welfare as defined in lsubsection (48). (11) "Case plan" or "plan" means a document, as described in s. 39.601, prepared by the department with input from all parties. The case plan follows the child from the provision of voluntary services through any dependency, foster care, or termination of parental rights proceeding or related activity or process. (12) "Child" or "youth" means any unmarried person under the age of 18 years who has not been emancipated by order of the court. (13) "Child protection team" means a team of professionals established by the Department of Health to receive referrals from the protective investigators and protective supervision staff of the department and to provide specialized and supportive services to the program in processing child abuse, abandonment, or neglect cases. A child protection team shall provide consultation to other programs of the department and other persons regarding child abuse, abandonment, or neglect cases. :(14)~"Child'"who'is"found~to beFdependent""means a child who; pursuant to"this chapter,"is found-~ ~~ ..by the-court: _ _ _ ~ ~ (a) To;,have-been abandoned;.abused, or Neglected by.the child's Parent or parents.or legal custodians;-' http:// 199.44.49.2/Statutes/index.cfm?App mode=Display_Statute& S earch_String=&URL=... 7/ 16/2001 statutes->View Statutes: Onlir~unshine • Page 3 of 11 (b) To have been surrendered to the department, the former Department of Health and Rehabilitative Services, or a licensed child-placing agency for purpose of adoption; ., (c) To have been voluntarily placed with a licensed child-caring agency, a licensed child-placing agency, an adult relative, the department, or the former Department of Health and Rehabilitative Services, after which placement, under the requirements of this chapter, a case plan has expired and the parent or parents or legal custodians have failed to substantially comply with the requirements of the plan; r i (d) To have been vo-untarily placed with a licensed child-placing agency for the purposes of subsequent adoption, and a parent or parents have signed a consent pursuant to the Florida Rules of Juvenile Procedure; ~(e) To have no parent or legal custodians capable of providing supervision and care; or ~E'(f) To be at substantial risk of imminent abuse, abandonment, or neglect by the parent or parents for legal custodians. I. ' (15) "Child support" means acourt-ordered obligation, enforced under chapter 61 and ss. '409.2551-409.2597, for monetary support for the care, maintenance, training, and education of a child. (16) "Circuit" means any of the 20 judicial circuits as set forth in s. 26.021. (17) "Comprehensive assessment" or "assessment" means the gathering of information for the evaluation of a child's and caregiver's physical, psychiatric, psychological or mental health, educational, vocational, and social condition and family environment as they relate to the child's and caregiver's need for rehabilitative and treatment services, including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. (18) "Court," unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter. (19) "Department" means the Department of Children and Family Services. (20) "Diligent efforts by a parent" means a course of conduct which results in a reduction in risk to the child in the child's home that would allow the child to be safely placed permanently back in the home as set forth in the case plan. (21) "Diligent efforts of social service agency" means reasonable efforts to provide social services or reunification services made by any social service agency that is a party to a case plan. (22) "Diligent search" means the efforts of a social service agency to locate a parent or prospective parent whose identity or location is unknown, initiated as soon as the social service agency is made aware of the existence of such parent, with the search progress reported at each court hearing until the parent is either identified and located or the court excuses further search. (23) "Disposition hearing" means a hearing in which the court determines the most appropriate protections, services, and placement for the child in dependency cases. (24) "District" means any one of the 15 service districts of the department established pursuant to s. 20.19. (25) "District administrator" means the chief operating officer of each service district of the department as defined in s. 20.19(5) and, where appropriate, includes any district administrator whose service district falls within the boundaries of a judicial circuit. http://199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=... 7/16/2001 statutes->View Statutes: Onli shine • Page 2 of 3 ~~- ~ 4~ ~ ~ by written order of the co , as provided in this part. (13) "Hospital" means a facility licensed under chapter 395. (14) "Incapacitated" means that a person has been adjudicated incapacitated pursuant to part V of chapter 744 and a guardian of the person has been appointed. (15) "Incompetent to consent to treatment" means that a person's judgment is so affected by his or her mental illness that the person lacks the capacity to make swell-reasoned, willful, and knowing decision concerning his or her medical or mental health treatment. (16) "Law enforcement officer" means a law enforcement officer as defined in s. 943.10. (17) "Mental health overlay program" means a mobile service which provides an independent examination for voluntary admissions and a range of supplemental onsite services to persons with a mental illness in a residential setting such as a nursing home, assisted living facility, adult family-care home, or nonresidential setting such as an adult day care center. Independent examinations provided pursuant to this part through a mental health overlay program must only be provided under contract with the department for this service or be attached to a public receiving facility that is also a community mental health center. x(18) "'Mental-illness" mearis~an~impairment-of"the mental or emotional .processes that exercise ,conscious°control' of one's actions-or'of the ability to perceive orunderstand -reality; which t ,impairment substantially interferes with a person's ability to meet the ordinary demands of living, , regardless`of etiology. For the purposes of this-part, the termdoes not include retardation or -` . . ~_- - _ -_ developmental disability as=defined~in•chapter 393, intoxication, or conditions manifested only-by; ..antisocial behavior or substance abuse impairment. (19) "Mobile crisis response service" means a nonresidential crisis service attached to a public receiving facility and available 24 hours a day, 7 days a week, through which immediate intensive assessments and interventions, including screening for admission into a receiving facility, take place for the purpose of identifying appropriate treatment services. (20) "Patient" means any person who is held or accepted for mental health treatment. (21) "Physician" means a medical practitioner licensed under chapter 458 or chapter 459 who has experience in the diagnosis and treatment of mental and nervous disorders or a physician employed by a facility operated by the United States Department of Veterans Affairs which qualifies as a receiving or treatment facility under this part. (22) "Private facility" means any hospital or facility operated by afor-profit or not-for-profit corporation or association that provides mental health services and is not a public facility. (23) "Psychiatric nurse" means a registered nurse licensed under part I of chapter 464 who has a master's degree or a doctorate in psychiatric nursing and 2 years of post-master's clinical experience under the supervision of a physician. (24) "Psychiatrist" means a medical practitioner licensed under chapter 458 or chapter 459 who has primarily diagnosed and treated mental and nervous disorders for a period of not less than 3 years, inclusive of psychiatric residency. (25) "Public facility" means any facility that has contracted with the department to provide mental health services to all persons, regardless of their ability to pay, and is receiving state funds for such purpose. (26) "Receiving facility" means any public or private facility designated by the department to receive and hold involuntary patients under emergency conditions or for psychiatric evaluation and to provide short-term treatment. The term does not include a county jail. http://199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL-... 7/16/2001 statutes->View Statutes: O lir~unshine ~ Page 3 of 7 ~ (12) "Developmentalmdisa6ility" means-a-disorder~or•syndrome-that-is attributable to retardation, :~ cerebral palsy, autism, spina bifida, or Prader-Willi syndrome and that constitutes a-substantial -- - ~handicap_that can .reasonably be.expected to..continue indefihtely.~ ___ , (13) "Developmental services institution" means astate-owned and state-operated facility, formerly known as a "Sunland Center," providing for the care, habilitation, and rehabilitation of clients. (14) "Developmental training facility" means any nonresidential facility which provides basic training and habilitation to clients. (15) "Direct service provider," also known as "caregiver" in chapters 39 and 415 or "caretaker" in provisions relating to employment security checks, means a person 18 years of age or older who has direct contact with individuals with developmental disabilities and is unrelated to the individuals with developmental disabilities. (a) The term "direct service provider" also includes any person, including members of the direct service provider's family, over 12 years of age who resides with the direct service provider when: 1. The direct service provider provides supports or services in his or her residence; 2. The direct service provider provides supports or services in a facility adjacent to his or her residence; or 3. The person residing with the direct service provider has direct contact with the individual with developmental disabilities during the hours of provision of supports or services. (b) Persons residing with the direct service provider, including family members, who are between the ages of 12 years and 18 years are not required to be fingerprinted, but shall be screened for delinquency records. (c) A volunteer who assists on an intermittent basis for less than 40 hours per month is not a direct service provider for the purposes of screening if the volunteer is under the direct and constant supervision of persons who meet the personnel requirements of s. 393.0655. (d) A physician, nurse, or other professional licensed and regulated by the Department of Business and Professional Regulation is not a direct service provider for the purposes of screening if the service he or she is providing to a client is within the scope of practice for which he or she is licensed. (e) A person selected by the family or the individual with developmental disabilities and paid by the family or the individual to provide supports or services is not a direct service provider for the purpose of screening. (16) "District" means a service district of the department. (17) "Domicile" means the place where a client legally resides, which place is his or her permanent home. Domicile may be established as provided in s. 222.17. Domicile may not be established in Florida by a minor who has no parent domiciled in Florida, or by a minor who has no legal guardian domiciled in Florida, or by any alien not classified as a resident alien. (18) "Enclave" means a work station in public or private business or industry where a small group of persons with developmental disabilities is employed and receives training and support services or follow-along services among nonhandicapped workers. (19) "Epilepsy" means a chronic brain disorder of various causes which is characterized by recurrent seizures due to excessive discharge of cerebral neurons. When found concurrently with http:// 199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=... 7/16/2001 statutes->View Statutes: Onlir~unshine • Page 1 of 2 u~ishi~e View Statutes Select Year: 2000 -' Welcome Sessi~an Committees Legisla~o~s Search Statutes Constitution Infarmalion Labbrisi Center Infarmalion Laws of Florida Qrder Go The 2000 Florida Statutes Title XLIV Chapter 760 View Entire CIVIL Discrimination In The Treatment Of Persons; Minority Chapter RIGHTS Representation 760.22 Definitions.--As used in ss. 760.20-760.37, the term: (1) "Commission" means the Florida Commission on Human Relations. (2) "Covered multifamily dwelling" means: (a) A building which consists of four or more units and has an elevator; or (b) The ground floor units of a building which consists of four or more units and does not have an elevator. (3) "Discriminatory housing practice" means an act that is unlawful under the terms of ss. 760.20-760.37. (4) "Dwelling" means any building or structure, or portion thereof, which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location on the land of any such building or structure, or portion thereof. (5) "Familial status" is established when an individual who has not attained the age of 18 years is domiciled with: (a) A parent or other person having legal custody of such individual; or (b) A designee of a parent or other person having legal custody, with the written permission of such parent or other person, (6) "Family" includes a single individual. ~.(.7.) "Handicap".means: ~; ~._(a). A~person has a physical or mental_im:pairmen.t.which_substantially Irmits one or more major c.:fife acti_vifies,_of fie or she -has a..record of-having, or is .regarded as having,- such, physical_or: ~ mental impairment; or _ __- _ _t (b) A person has a developmental disability as defined in s. 393.063. (8) "Person" includes one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, and fiduciaries. (9) "Substantially equivalent" means an administrative subdivision of the State of Florida meeting http:// 199.44.49.2/Statutes/index. cfm?App mode=Display_Statute& Search_String=&URL~... 7/ 16/2001 statutes->View Statutes: Onlit~unshine • Page 1 of 2 Online Infarmolian~ Lobbgisi u~ ~ h1~le Welcome Session {ommitlees Legislalo~s {enter ~tiiiiiili~ll~lnfarmolion View Statr~tes Search Statutes Select Year• 2000 - Constitution Laws of Florida Order Go, The 2000 Florida Statutes Title XXIX Chapter 400 View Entire Chapter PUBLIC HEALTH Nursing Homes And Related Health Care Facilities 400.618 Definitions.--As used in this part, the term: (1) "Activities of daily living" means functions and tasks for self-care, including eating, bathing, grooming, dressing, ambulating, and other similar tasks. (2) "Adult family-care home" means afull-time, family-type living arrangement, in a private home, under which a person who owns or rents the home provides room, board, and personal care, on a 24-hour basis, for no more than five disabled adults or frail elders who are not relatives. The following family-type living arrangements are not required to be licensed as an adult family-care home: (a) An arrangement whereby the person who owns or rents the home provides room, board, and personal services for not more than two adults who do not receive optional state supplementation under s. 409.212. The person who provides the housing, meals, and personal scare must own or rent the home and reside therein. (b) An arrangement whereby the person who owns or rents the home provides room, board, and personal services only to his or her relatives. (c) An establishment that is licensed as an assisted living facility under part III. (3) "Agency" means the Agency for Health Care Administration. (4) "Aging in place" means remaining in a noninstitutional living environment despite the physical or mental changes that may occur in a person who is aging. For aging in place to occur, needed services are added, increased, or adjusted to compensate for a person's physical or mental changes. (5) "Appropriate placement" means that the resident's needs can be met by the adult family-care home or can be met by services arranged by the adult family-care home or the resident. (6) "Chemical restraint" means a pharmacologic drug that physically limits, restricts, or deprives an individual of movement or mobility, and ~is used for discipline or convenience and not required for the treatment of medical symptoms. (7) "Department" means the Department of Elderly Affairs. (8) "Disabled adult" means any person between 18 and 59 years of age, inclusive, who is a resident of the state and who has one or more permanent physical or mental limitations that restrict the person's ability to perform the normal activities of daily living. r _.. ~ - - ...._ - - -_ -- ''(9)_ "Fraii`etder" means..a.functionally impaired elderly person who is 60 years of age oc older and. ) __ __ ~`~who has physical-or. mentaLaimitations that restrict`the person's-ability to•perform~the normah ,~_. _. _activities-of daily-Living-and-that impede•the-person's capacity-to -live independently] http://199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=... 7/16/2001 statutes->View Statutes: Onli~unshine • Page 1 of 10 5urishi~e Welcome Session tommit~ees Legislalo~s Infarmoiion - Lobbrisi {solar Infarmalian Laws of Florida Order Go View Statutes Select Year: 2000 ;- Search Statutes Constitution The 2000 Florida Statutes Title XLVII Chapter 985 View Entire CRIMINAL PROCEDURE AND Delinquency; Interstate Compact On Chapter CORRECTIONS Juveniles 985.03 Definitions.--When used in this chapter, the term: (1) "Addictions receiving facility" means a substance abuse service provider as defined in chapter 397. (2) "Adjudicatory hearing" means a hearing for the court to determine whether or not the facts support the allegations stated in the petition, as is provided for under s. 985.228 in delinquency cases. (3) "Adult" means any natural person other than a child. (4) "Arbitration" means a process whereby a neutral third person or panel, called an arbitrator or an arbitration panel, considers the facts and arguments presented by the parties and renders a decision which may be binding or nonbinding. (5) "Authorized agent" or "designee" of the department means a person or agency assigned or designated by the Department of Juvenile Justice or the Department of Children and Family Services, as appropriate, to perform duties or exercise powers pursuant to this chapter and includes contract providers and their employees for purposes of providing services to and managing cases of children in need of services and families in need of services. (6) "Child" or "juvenile" or "youth" means any unmarried person under the age of 18 who has not been emancipated by order of the court and who has been found or alleged to be dependent, in need of services, or from a family in need of services; or any married or unmarried person who is charged with a violation of law occurring prior to the time that person reached the age of 18 years. (7) "Child eligible for an intensive residential treatment program for offenders less than 13 years of age" means a child who has been found to have committed a delinquent act or a violation of law in the case currently before the court and who meets at least one of the following criteria: (a) The child is less than 13 years of age at the time of the disposition for the current offense and has been adjudicated on the current offense for: 1. Arson; 2. Sexual battery; 3. Robbery; 4. Kidnapping; 5. Aggravated child abuse; http:// 199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=... 7/ 16/2001 statutes->View Statutes: Onli~unshine ~ Page 2 of 10 6. Aggravated assault; 7. Aggravated stalking; 8. Murder; 9. Manslaughter; 10. Unlawful throwing, placing, or discharging of a destructive device or bomb; 11. Armed burglary; 12. Aggravated battery; 13. Any lewd or lascivious offense committed upon or in the presence of a person less than 16 years of age; or 14. Carrying, displaying, using, threatening, or attempting to use a weapon or firearm during the commission of a felony. (b) The child is less than 13 years of age at the time of the disposition, the current offense is a felony, and the child has previously been committed at least once to a delinquency commitment program. (c) The child is less than 13 years of age and is currently committed for a felony offense and transferred from amoderate-risk or high-risk residential commitment placement. (8) "Child in need of services" means a child for whom there is no pending investigation into an allegation or suspicion of abuse, neglect, or abandonment; no pending referral alleging the child is delinquent; or no current supervision by the Department of Juvenile Justice or the Department of Children and Family Services for an adjudication of dependency or delinquency. The child must also, pursuant to this chapter, be found by the court: (a) To have persistently run away from the child's parents or legal custodians despite reasonable efforts of the child, the parents or legal custodians, and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts shall include voluntary participation by the child's parents or legal custodians and the child in family mediation, services, and treatment offered by the Department of Juvenile Justice or the Department of Children and Family Services; (b) To be habitually truant from school, while subject to compulsory school attendance, despite reasonable efforts to remedy the situation pursuant to ss. 232.17 and 232.19 and through voluntary participation by the child's parents or legal custodians and by the child in family mediation, services, and treatment offered by the Department of Juvenile Justice or the Department of Children and Family Services; or (c) To have persistently disobeyed the reasonable and lawful demands of the child's parents or legal custodians, and to be beyond their control despite efforts by the child's parents or legal custodians and appropriate agencies to remedy the conditions contributing to the behavior. Reasonable efforts may include such things as good faith participation in family or individual counseling. (9) "Child who has been found to have committed a delinquent act" means a child who, pursuant to the provisions of this chapter, is found by a court to have committed a violation of law or to be in direct or indirect contempt of court, except that this definition shall not include an act constituting contempt of court arising out of a dependency proceeding or a proceeding pursuant to part III of this chapter. http://199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=... 7/16/2001 statutes->View Statutes: Onli~unshine • Page 3 of 10 (10) "Child support" means acourt-ordered obligation, enforced under chapter 61 and ss. 409.2551-409.2597, for monetary support for the care, maintenance, training, and education of a child. (11) "Circuit" means any of the 20 judicial circuits as set forth in s. 26.021. (12) "Comprehensive assessment" or "assessment" means the gathering of information for the evaluation of a juvenile offender's or a child's physical, psychological, educational, vocational, and social condition and family environment as they relate to the child's need for rehabilitative and treatment services, .including substance abuse treatment services, mental health services, developmental services, literacy services, medical services, family services, and other specialized services, as appropriate. (13) "Conditional release" means the care, treatment, help, and supervision provided to a juvenile released from a residential commitment program which is intended to promote rehabilitation and prevent recidivism. The purpose of conditional release is to protect the public, reduce recidivism, increase responsible productive behavior, and provide for a successful transition of the youth from the department to the family. Conditional release includes, but is not limited to, minimum-risk nonresidential programs and postcommitment probation. (14) "Court," unless otherwise expressly stated, means the circuit court assigned to exercise jurisdiction under this chapter. (15)(a) "Delinquency program" means any intake, probation, or similar program; regional detention center or facility; or community-based program, whether owned and operated by or contracted by the Department of Juvenile Justice, or institution owned and operated by or contracted by the Department of Juvenile Justice, which provides intake, supervision, or custody and care of children who are alleged to be or who have been found to be delinquent pursuant to part II. (b) "Delinquency program staff" means supervisory and direct care staff of a delinquency program as well as support staff who have direct contact with children in a delinquency program. (c) "Delinquency prevention programs" means programs designed for the purpose of reducing the occurrence of delinquency, including youth and street gang activity, and juvenile arrests. The term excludes arbitration, diversionary or mediation programs, and community service work or other treatment available subsequent to a child committing a delinquent act. (16) "Department" means the Department of Juvenile Justice. (17) "Designated facility" or "designated treatment facility" means any facility designated by the Department of Juvenile Justice to provide treatment to juvenile offenders. (18) "Detention care" means the temporary care of a child in secure, nonsecure, or home detention, pending a court adjudication or disposition or execution of a court order. There are three types of detention care, as follows: (a) "Secure detention" means temporary custody of the child while the child is under the physical restriction of a detention center or facility pending adjudication, disposition, or placement. (b) "Nonsecure detention" means temporary custody of the child while the child is in a residential home in the community in a physically nonrestrictive environment under the supervision of the Department of Juvenile Justice pending adjudication, disposition, or placement. (c) "Home detention" means temporary custody of the child while the child is released to the custody of the parent, guardian, or custodian in a physically nonrestrictive environment under the supervision of the Department of Juvenile Justice staff pending adjudication, disposition, or placement. http://199.44.49.2/Statutes/index.cfm?App_mode=Display_Statute&Search String=&URL=... 7/16/2001 `, 7-27-01; 8:27AM;CITY C_ERK DEPT. ~ `R O ~ ~L'..1J`fi +'r ~ti~~ U ;727 562 40Fs6 # ~! 2 City of Cleax-water, Florida City Clerk Depax~ltn~ent Phone (727) 562-4090 ~'ax (727> s62-4os6 FAX zVI~SS.A.~E TO: Crina Clayton LOCATION: Plannint~ bepartment FAX NO.: 4865 COMMENTS: See attached petitions re Neighborhood Coo.sez~ation Overlay District for Coachman Ride FRO1V1: Lois Norman, (727-562-4091) DATE: NCJMBE~t OF PAGES TES MESSAGE (INCLUDING TFIIS PAGE): -~~ _ r~ ~(~-- - - ~s -~R[ IMF: 7-27-Ot; 8:27AM;CITY CLERK DEPT. Pf~BEIDON CONSTRUCTIQN INC FHCINE N11. 813 4413185 10 : City of Cle2[rwatec Community Develo~ruent $vard Clearwater City Cvmmissxon FAX: 562-4086 ;727 562 4086 # 2/ 2 Ju 1. 24 zG_-G]1 86: E~.3PM P! 1te~ Resolution N'a. 01-23.Ordinance 1~To. 682441, Ordinance No. 0825-O1 PETITIaN N(~ r o~~rECT I am not in favor of eslnblishYOg a 1~Teighborhood Conservation Overlay District for Coachman Ridge. The intent of the NCQD was not accurately represented to me. The final draft made changes to my Deed Restrictions wiltb[out proper notacE: to Ioae a~ad without proper due process, or allowing me a chance to vote. I believe Community mousing will not add value to my neighborhood. To be fair, if it is required by law, it should be introduced to all neighborhood$ at the same tiwe. X am in favor of better enforcement of my e~sting Aeed Restrictions and in tl~e future a more open snd fair process to ba-tlx mainh.~in and enhance my Deed Restrictions a~ad high community standards. I believe Coachman Ridge Uomeowners are entitled to a majority vote of approval ob each change, similar to/and no less than what bas been granted to the residents of the island Estates subdivi.~ialn. Names r~ i~~l~~-A ~I....} ~A ltt~.S ,Address: ~ {~ C>QC~t.~ma.~ Clearwater, ~orida 33765 ~ ~~~a5 08/16/01 TFIU 10:02 FAfi 727 530 0045 APG ELECTRIC 01003 City ComrxxiSSion City of Clearwater ReE: NCOD Coachman Ridge Dear Mayor and Com~a~ssioners: A,ugll5t 9, 2QQ 1 ~~~ ~ rr~ ~' ~~~ ~ ~~~u~~ As legal representative fot' 12 of the 13 Home Owners in Coachman ridge Tract A-III, I object to tlae plabr-ed NCOD program. (See attached legal representation.) 1. As a twelve ycar resident and past px6sidemt of tho Coachman Ridge Homeowners Association, theze is absolutely no deed far this program. 2. Our Coa.chrlnaxx Ridge deed restrictions do not expir$ until the year 2011. 3. The enforcement o£ oux Reed Restrictions by the City's cotlcamlunity R4sponse team is an unwarranted use of Police Powers. a. Introduction of Gommwaity Housing la;aguage into oux Deed Restrictions without introducing it to all Clearwater neighborhoods at the same tune is unfair. $. The ~iCOD committee did not propexly infonoa all homeowners, denied a flz*;al vote and acted with prejudice . 6. The 13 estate homes in Tract .A.-I~ are diffez~t from Tracts I and 1T in character, lot size, value and most da not share tb~e views of the study committee ixt priority of weako.esses and strengths. The NCOB oommattee did ztot show proper corasidexation fvr the Estate size lots and hopaes in Tract A-III. 7. The City's Carin~munity Development Board dauied the adoption of the NCOD ordinances for Coachman Ridge at its last meeting. S. lVlenabers of the Community Development Baaxd stated tl'ie NCOD `process was flawed and undemocratic", 9. The Coachman Ridge l~omeowxaers AssociatiYOn provided false atad x~aisleading information in its last newsletter to hoxneewners about the NCOD. 10. A~. final vote on the NCpD far each hoxneownar In Coachman Ridge vvas requested but detzied at the last public meeting by Mr. Losi arxd the NCOD committee. This was unfair. 1 l . Tk~c suznmaty report unfairly restricted Estates and walls in. our yards. The NC4D committee refused to change. it. City staff helped to cliatige tbius only after my itisistence- Your consideration and respect for aux rights as homeowners is greatly appreciated, I am sorry that I am n,ot able to attend this Commission, meetinng as I am away on vacation vcrith my family. espectfully, ~. x ~. avid R. Little 1734 Casey Tones Count Clearwater, Florida 33765 04/16/01 THU 10:0 FA% 727 5~0 0045 APG ELECTRIC f~004 ~~~ ~'~ August 13,2001 ~~ ~ ~ ~ Dear Neighbor, At the July 17, 2001 meeting of the Community Development Board, the Chairman called the NCOD a "very flawed process" while another board member called it "un-American". In addition, they talked about how they thought the NCOD was supposed to preserve historical neighborhoods - not turn into this. They voted to make changes -most notably to come back to the homeowners to vote on any final drafts -and made these recommendations to the City Commissioners. The Homeowners Association Board will try to tell you this is a lie, like they did before, but this hearing was videotaped and I have a copy if you are interested in viewing it. On this Thursday, August 16, 2001 at 6 P.M. ,the City Commissioners of Clearwater will hear views and discussion on the resolution concerning the NCOD for the Coachman Ridge Subdivision. The City Commissioners need to know your opposition. According to the final plan distributed by the Clearwater Planning department, this is the second of three Public Hearings. The first was by the Community Development Board; the second and third to be held by the City Commissioners. However, according to the notice sent to all of us by the City Clerk, there will be only one hearing by the City Commissioners on this Resolution!! This is just another inconsistency with this NCOI) plan and another reason in a long, long list of reasons, that should compel you to voice your opposition to City Hall, as our neighbor David Little has done. Please eaLl or fax the Mayor, the City Manager's office, the Office of the City Commissioners, and if possible attend this meeting. Clearly you can see that adding another level of bureaucracy, with its inherent costs and burdens does not provide any benefits. Do not believe the big lie that this will not cost us anything. According to the final plan on pages 23 Bc 24, we will incur the cost of educating neighborhood property owners as well as the initial means of enforcement of any violations. Tl~e City has not budgeted any monies for this or extra code enforcement officers. So, who do you think will pay for this? To paraphrase Martha Stewart, "This is not a good thing!" Sincerely, ~~~`r Willy A.A. Sander II 2409 Old Coach Trail 712-3278 03/16/01 THU 10: Oa FAY 727 5a0 0045 APG ELECTRIC ~ 005 All t le informatioxi stated below is a matter of public record. August 9, 2x01 City Commissioners City of Cleaxwater Red Coacl~rnrran Ridge NCOD Dear Mayor and Commissioners: As a twelve year resident of the Coachrq,an Ridge subdivision, Past Presidetrt of the Coachman Ridge Homeowners ,A.ssociaiion and six ,year member of the board of Directors, I ask you to reconsider the City's plan to create a Neighbor Conservation Overlay District for oux neighborhood. The NCUD process is a divisive and costly waste of laic dollars and stafftime that is attempting to create and solve a need where no need exists. A,s a past member of the City's Code ~xafoxcetttent Tack pores that recommneztded tb~e creation of today's community Response Depaxtxntettt, I support the concern to help neighborhoods whose deed restxictions have expires. or are about to expire. The Coachman Ridge deed restrictions do ztot expire for another 11 yeaxs, in tkre year 2012! Bob Tinkle, a local attorney specializing in Deed Restrictions aztd Neighborhood Associations, stated that the NCOD plant is only a half measure. He recomrnertded that the Collation o£ Clearwatsx Homeo~uvtters Associations "seek legislative help to reiu~state expired deed restrictions". Decd Restrictions together with dj;e eTO,foroetxtent of our City Codes are the best line of defense in pxotectiztg the quality and standards of our neighborhoods. While other areas of Clearwater axe rapidly deteriorating and in need of help, creation of another layer of go~vexttznent izr affluent subdivisions like, Xsiaxrd Estates and Coachman Midge is a naisdiuracted effort. This month Caachmazt Ridge received the City's Best Neighbpxhoad .A,ward of the quarter. The fact that Coa,elttttan Ridge received this award without the N'COD Speaks volumes for t$e existing success of the City's coztttxtunity response team worlci~ng together with an active p~eighborhood association atad responsible homeowtt,ers. The b1COD program utilizes the heavy a~ of govetxrutent as a means of Deed Restriction compliance. In the best of zteighbvrhoods a home eau. fall iota a state of u.eglect. The cause is not wailful, but usually due to health, divorce, foreclosure ox some unfortunate crisis of the owner. Z submit that having a gowex't~ment officer knockiuag at your door with a legal notice or lien is not appropriate in Coachtxtau. Ridge. Criveu the history o~ ~'ew and minor violatiozts izt Coachman Ridge, the added use of police powers is a gross over kill! Having the city gever~,ent enforce your deed xesbdotions ig an insult to all self respecting and resPou,aible hozxreowzters. 03/16/01 THtT 10:03 FAX 727 530 0045 APG ELECTRIC ~ 006 Last month the City's Comrttunity xlevelopment Board urxamim~ously stated "tb,e NCOT) process is tlawed and undemoetatio'° primarily because it did not give a fiatal vote to each 1~omeowner. Further, I believe, the study committee intentionally did not fully inform the homeowners of the NCQD program. The ian~itial petition signed by 60°!0 of the homeowners was only to inlNate the pxoees® not a vote to approve it. In fact, it would be unreasonable to vote no before attending any o£ the public meetings or knowing what a NCOb program i5, At the CAB hearing Attorney Doug Idilkert, the Past Chaintztan of the City Planning Board, a retired Clearwater police o££acer and 6 other Coacb~man Ridge residents spoke against the NCOD. Sixty letters of objection were given to the City Clerk. IVIr. Losi ;failed to metntion that he and the NCOD Committee are actually the ones that deaaed Coacb~man Ridge homeo~v~aexs request for a final vote! At the last public meeting be also deuced homeowners requests to delay the city bearings until after suxxtmer vacation. 'I`ltis would have given neighbozs a ck~an.ce to get more infotxzted since most of thenct did not attend any meetings. 1Vlany of us felt Mr. Losi and the Committee denied a fair and reasonable zequest. The lengthy sur~a~azy report was Left at homeowner's dovz~s. Meaningful facts are either lost oz never mentioned in the 50-page xepozt~ It never mentions that the b~o~aaoownera association, ~uvould be changing over deed restriction e7afoxcement to the Clearwater city govenurtent. This is an unprecedented legal change that Attorney gob Tinkle Says is the most significant fact of the NCQD program. I believe the report is not representative o£ tb,e majority of the 2551;tomeowners iux Coachman ridge. A,t~ examination o£ the sign-in sheets reveal that 239 ox 94% of the Coachman. ridge homeowners did n,ot attend any one of the five pubUic meetings. On average less than 16 laomeownez•s attended the meetings and the majority of those were mezzabtrs of the study committee, their spouses and city staff. Of the l 6, there was trot 100% approval of the program. There was certainly n.o majority interest or approval of the NC4D report as was falsely stated by Mr. Losi on at least two viceasions. Ito addition, last week the NCOD study committee stated in floe Association newsletter that the City Community Development Board unanimously recommended approval of the NCQD to the City Coztunission. 't'his, as you know, is false an,d typical of the misinformation given to Ilse Coachman Ridge llozneowners. I believe the NCOD study corxt~m.ittee has lost its credibility to lead. Especially since they were not selected by the majority of homeowners and all homeowners were not given a chance to be eligible. A sixxtple qucationnaire mailed to eaCb. hoznoowner on the important issues would have been more effective and dcmocrakic. Unless you were one of the few homeowners at these meetings, you had no way of knowing tlza.t a select few were making legal discussions about low you could use or not use your property. No minutes oft floe study committee m~eetiztga or public meetings were ever made available. If all Homeowners were properly noticed that the meeting would involve discussions of restricting homes to file or shi~le roof, not permittixtg conversion vans or company vebacles in the driveway, not allowing jet skis, go karts or utility sheds in their back yards ox picket fences and baskbtball lxoops iaa their front yards, I can assure you Thai: 03/16/01 THU 10:04 FAX 727 5a0 0045 APG ELECTRIC ~ 007 T the participatiozr would have been far greater. I believe tb~e City should have cancelled tl'~e NCOD process when the public meeting attendance did not reach at least 10%. I feel the NCOD process was unfairly steered by a few neighborhood activists who should not have the power to impose a legal obligatinsa on an entire subdivision without an irrfon~red vote. All NCOD meetings were to be held under the government in the Sunshine X.aws, but staff neglected to inform the study committee until late in the program caisixrg iuxther cluestaons of fairness. As homeowners, we all made a personal decision tv buy our home in our existiutrg neighborhood bas$d on what we saw and liked without the NCOD. I ask you, our elected officials to please honor and respect that choice. To pursue the NCOD pzogxamn fiirther is to divide our united rraighboxhood. Today we axe already the best neighborhood in the eery of Clearwater. With pressing budget restraints and other Clearwater neighborhoods in need doesn't it make more sense to leave well enough alone? X am sorry that I am not able to attend this Commission meeting as I am away on vaeataon with my family, Thanking you in advance fox your tinge a-ad eonside~ration itr tbds matter. Respectfully, ~~ David R. Tittle 1734 Casey Jones Court Clearwater, Florida 33765 727-460-4587 04/16/01 THU 10:04 FAA 727 530 0045 APG ELECTRIC ~ 008 NARK A, 055sANSx 1pSBPN R. PARK' tYRON~ 2DRAV K0 '80ARb CCRYIFIF,Q CIVIL TA1AL l~W VERS ~C~RTIFIfZ1 FAMILY MEDUTbR *CF:ftT1FlED pUaUC ACCOUNTANT Mr, David little Re/Max Action First Realty 740 5. Gulfvlew Blvd. Clearwater Beach, 1=1. 33767 May 31, 2f}01 Re' Acknowledgment and Limited Authorization for Representation Dear pavid: PLEAS2S p~PLY~-O: P.O. BOX t D s s~ CLEARWATER. FLORIiIA 33787 ~nclased please find four (4) duplicate originals of the proposed Acknowledgment and Limited Authorization to Represent which 1 have prepared pursuant td our discussions. We have gone ahead and signed in the space provided and I would anticipate the balance o€ the parties will hopefully do likewise. This can be presented to the commission and/or board at the time of any meeting for purposes of making the record. Let me know if there is anything else I can do. Ve truly rs, eph R. P~Irk PARK. QSSIAN AND zDRAVKO, P.A. ArroRNS=rs AT LnW RIRST NAYI~r1AL SANK OF FLORIDA gUILDINt3 BuYTE A0O t 1 CiO CLEVELAND STRSiffT - CLEARWAT~R. RLORIDA 99755 X727) t14 t-3777 FAx ~72'714d7~d23 S J RP/eg trnclosures (copy via facsimile/originals by U.S. Mail) ,~ •' ;~0 s August 13,2001 >/~ear Neighbor, Ai the July l 7, 2001 meeting of the Community Development Board, the Chairman called the N~COD a "very flawed process" while another board member called it "un-American". Ire addition, they talked about how they thought the NCCD was supposed to preserve historical n~.ighborhoods -not turn into this. They voted to make changes -most notably to come back to tr~c homeowners to vote on any final drafts -and trade these recommendations to the City Commissioners, The homeowners Association Board will try to tell you this is a lie, like they dial before, but this hearing was videotaped and 1 have a Dopy if you arc iinlerested in viewing it. Ott this Thursday, August 16, 2001 at d 1'.M. ,the City Commissiioners of Clearwater will hE,ar views and discussion on the resolution concerning the NCOD for the Coachman Ridbe Subdivision. The City Commissioners need to know your opposition. According to the final plain distributed by the Clearwater Planning department, this is the second of three Public Hearings. The first was by the Community Development Board; the second and third to be held by the City Commissioners. However, according to the notice sent to all of us by the City Clerk, there will be only one hearing by the City Commissioners on this R~°solutian!! This is just another inconsistency with this NCOD plan and another reason in a long, long list of reasons, that should compel you to voice your opposition to City Hall, as our neighbor David Little has done. Please call or fax the Mayor, the City Manager's office, the Ofl'ice of the City Commissioners, and if possible attend this meeting. Clearly you can see that adding another level of bureaucracy, with its inherent costs and burdens does not provide any benefits. Do not believe the big lie that this will not cost us anything. According to the final plan on pages 23 & 24, we will incur the cost of educating neighborhood property owners as well as the initial means of enforcement of any violations. 1'he City has not budgeted any monies for this or extra code enforcement officers. So, who do you think wilt pay for this? To paraphrase Martha Stewart, "This is not a good thing!" Sincerely, ~J~~~f -~-~ U Willy A.A. Sander II 2409 Old Coach Trail 712-3278 ZO' d 1:00' ~N 8Z ~ OZ Z0. 9l 9fld ~~ ~SZb~~ti8 ~ QI Xd J00 A.II the inic~nnation statcd below is a matter of public record. ,~, ,- August 9, 2001 City Commiesiox-ers City of Clea,trvut®r Ref Coaclu~nsn Ridge NCQD Dear Mayor attd Commissioners: A.s a twelve year resident of the Coacboiara Midge subdivision, Past Pt`esidemt opt the Coachman Ridge Horneow~neXg ~,SSOCiation an;d six year member ot'tkte board of birectors, I ask you to x'eo4ngider the City's plan to create a Neighbor Conservation Overlay District for our neighborhood. The NC4D ptocess is a divisive and Costly vva8te bf tax, dollars and staff time that is attempting to create and solve ~ need where no need exists. A.s a past member of the Ciry's Code Enforcement `fask I+orcc #hat recorumen,ded tb;o creation of today's co-nuiunity Response Department, Z support tlto concern to help neighborb~oods whose deod restrictions linen expired or are about to expire. The Coaclman Ridge deed restrictions do not expire for another 1 l years, im the year 20121 Bob Tat~lclo, a local attorney specializing in need Restrictions and Neighborhood AsRnriatiotas, stated that thr. NCCA plan is only a half measurd, I~® recomme~aded that the Collation of Clearwater kloxzteowners As50G18#lOI1S "seek legisiative help to reinstatC expired deed ~-estricti0n9". Deed Restrictions together with the e~afoxcement of our City Codes are the best lixxe of defense in ptotectiztg the quality and standards of our neighbo;rb~oods. While other areas of Clearwater are rapidly deteriorating and in need of b.elp, creation of another layer of governzr~,exxt in affluent subdivisioaas Ike, Island Estates and Coachman Ridge is a naisdireCted effort. 'This month Goacluman Ridge received the City'a Hest Neighborhood Award of the quarter. The fact that C'oaciuuan Ridge received this award withou# the NCQA speaks volumes for the existing success of the City's comatraunity response tearci working together wi#la an active neighborhood association and responsible hottaeow~aers. The IJCOD program utilizes the heavy army of'governxxtent as a means of Deed Ragtriction compliance. In the best of'zteighborhoods a home can fall Into a State of neglect. The cause is not willful, but usually due to health, divorce, foreclosure or SO~d unfortunate crisis ot'the owner. I subrrtit that having a goveroznent officer knoc:kivtag at your door with a legal o,otice or lien is not appropriate in Coachman Ridge. Given the history of'few and minor violations in Coachman Ridge, the added use of police powers is a gross over kill! Having the city government enforce your deed resbrietions is an insult to all self-respecting and responsible hoaxteowners. ~0' d 1:00' oN 6Z: OZ ZO ~ 9Z 9(ld ~~ ~SZb~~l8 ~ QI Xd J00 Last month the City's Community l7dvnlopment Boarci uaa~imoualy stated "the NCQD process is flawed and undemocratid' primarily because it did not give a £tnai vote to each itotzxeowztgx. Further, I believe, the stittdy committee inteationnlly did nut fully inform the homeaw~,ers of the NCOA program. The initial petition signed by 60% of the homeowners was only to irtltlute the procesA not a vote to approve it. In fact, it would be unreasoztable to vote no before attending arty o£ the public meetitgs or knowing what a NCQD program is, At the CDB hearing Attorney Doug Hilltort, the Past Cltaiu~,au of the City Flaatrzirag Board, a refixed Clearwater policy o;f.~cer sad 6 other CoaClunun Ridge residents spolcc against the 1vCOD. Sixty letters of objection wero given, to the City Clerlc. Mr. Lost felled to rnentian that he aid the NCQD Ca~nnmlttee at-e actually rho odes tb~at den~i,ed Coachman Ridge homeow~aers retluest for a final vote! At the last public uaeeting he also demied hozxzeowners requests to delay the city hearings uttt3l after surunner vacation. 't'his would have given neighbors a chance to get more infozxned since most of them did not attend any meetings. Mazzy of us felt Mr. Losi and flee Comrrtittee domed a fair and reasonable request. The lengthy summary roport was lef3 at homeowner's doors. Meaningfltl facts are either last ox never trtentiox<ed in the SO-page report, It mover mentions that the lzo~xzeownera assnciatEnn wo~ild bo cltanging over deed reatxiction e%t£orcement to the Clearwater city guve,mtnent. "Phis i9 an unprcccdented legal change that Attorney Bob Tankle gays is rho artaat significant fact of the NCOf7 program. I believe the repozt is not representative of the majority of the 25S homeowners in Coachmen ridgy. An examinatlnn of the slg~-azt sheets reveal that 239 or 94% of the Coachman rldge homeowners did not stt0aad any one oP the fiv@ pubUic nacetings. On average less than 16 homeowners attended the meetings and the majority of those were n~ezzibtlrs of the study co~nan~ittee, their spouses and city araf~ Of the 16, there was not 100% approval of the program. There was certainly no xngjority interest or approval of the NCQD repot't as was falsely stated by Mr. Loss on at least two occasions. Icy additiozz, last week tlzc NCOD study commlttee stated In the Association newsletter that the City Community Deveiopmeza! Board -tnatnimously recommended approval of the NCQD to the City Con~naissiozx. This, as you know, is false and typical of the misinformation given to the Coachman Ridge Homeowners. I believe the NCOp study committee has lost its credibility to load. Fspeciaily since they were nut selected by the majority of hozneownera and all homeowners weKe tzar given a chance to be eligible. A simple questionnaire mailed to each homeowner on the important issues would have been more effective and deanocratic. Unless you were one of the few homeowners at these meetings, you had no way of knowing that a select few were making legal discussions about how you could use or not use your property. No minutes of rho study Goxxzmittee meetings or public z~noetings were ever made available. f £ all Homeowners were properly noticed that the meetini$ would involve discussions of rea6ricting homes to file or sb~itzgle roof, net permitting CgXlversion vans or connpany vehicles in the driveway, ttvt allowing jet skis, go karts or utility sheds in tk~eir back yards ox pieltet Fences and basketball l~vvps iu their ff~ont yards, I can assure you that .~ b0' d 1:00' oN 6Z~ OI I0~ 9Z 9fld ~~~SZb~~Z8~ QI Xti J00 ~ w A~ the participation would have been far greater. I believe ~e Clty should have Cartcelletl the NCOU process when the publio meeting attendance did not reach at least l4%. Z.feel the NCOD process was unfairly steered by a few neighborhood activists Wlao gll4uld not leave tkte power to impose sr legal obligation, p1a an entixo subdivision without an in£ox-,xted vote. ,~.ll NCUD meetings wNre to be held uzzdeK the governrnbnt in the Sunshine LAWS, but staff neglected to inform the study co~lilttee until late in the program raising fut~dK questions of fairness. As homeowners, we all tztadE a personal decisinr~ to buy our home in our existing x~eigkaborhood based on what we saw and liked wathaut the NCOD. X ask you, o~~r elected bt'txciAls to please honor and rcapect that rlaoice, ~d pursue the NCOD ptograxn £uzthtr is to divide our vnlted Atelghborhovd. Tuday we are already rite best neighborhood in the city of Clearwater. With pressing budget restraints attd otitar Cleatwaterr neighborhoods in treed doesn't it make more sense to leave well enough alone? 1 az~n sor~•y that I am not able to attend this Commission meetlxtg as I am away on vacatiom with my family, Thanking you ii1 advatace for your time and eonside~ratlon i~a this matter. Regpeotfully, ~~ David R. Little 1734 Casey Jomes Court Clearwater,l~iorida 33765 727-460»x387 SO' d ~[00' oN OS~ OT Z0~ 9Z J(ld ~~SSZbS~Z8~ QI Xd J00 ~-lc~- D ~ n- lit, Cp I~! h'l ~SSc rrn 1~~2x v!'I :. ~~~ ~ ~~ ~ ! ~ ~.~1~_C~ D ~ ~~b~.l.osta ~ ~ -~ tQ.~°l© ~ s vas ~ ~ .~ ,~-- `~ I ~p , c~ is ~~ , ~~~ ~~ 1n n., _0 ~.1yP~L.Y c c~~ - _an-~ . rein ~. ~~ ~~~ l~ 7'U(~S is ~... ~~~ YtJ~ ~ ~ ( t~~~~.~_ ~~:~~. _Ylq_ ~~ -~ { ~, ~~ ~~~~ ~' S t~, ~~ ~~~ ¢~ ~, .~ ~~1 ~~~ .,~ ~~1 ~~ ,, ~~~ 7 ~~~ ~~ ~! ~~ ~; ~r :'w '~ ~" 7-t7-Rt; 4:37PP.4;CIT`r CLERK DEPT, ;'2r' 552 ?U~S(j = 3% a 9'i:'17/Zd01 12:23 727~50~779 ,-~ PAGE 91102 .* D~U~GL,A.S I.,. HILKERT P.n. nltarnay At Law wn+vw. hilkert,corn email: info~laiEkert.cam 2557 Nursery Road Sui#e A Clearwater, Florida 33764 Fax: 727.507.977$ P hots e: 7 ~?.Sti T.95~9 July 17, 2{lt)1 Community Development Board City v~' Clearwater Clearwater, FL Facsiixti 1 e: 5 62.4fJ 86 lto: Resolution nunabcr Q1-23, Ordinance Number 6$24-01 and b825-Q1; Coachman Ridge Neighborhood Cvnservatior. Zoning Overlay Dis*.rict Ladies and Gentlemezt: As a nc"w residant ox the Ccaachmaro Ridge nei~hborizood,l was uttabie to participate iza the original planning process for the Coachman lZidge Neil;i~borhood Cotlset•vaiioaL,onir~; Overlay llistxict. However, as the Chairman of the Planning and Zoxaing $oard at +he tino~e tfae revisions to the T.and Development Code were adopted, Y fuel it is important to share some of the ~tltougltl process mat went into the inclusion of overlay districts into the Laod Development Code. T'livxc of yuu who arc fonaicx x~lornbers o£thc 1'lauutiztg and Zoning Boc-rd will r,ACail that v~~e discussed the irclusion, o'f overlay districts in ilte Land Developtuertt Code. D~asing tE~at discussion the inclusion of overlay districts was intealded to preserve the ntaiFiarrnity ».nd srec;i~c cl~,aracter of a neighborhood. It was my Ltnderstandinl; that historical preservation was a specific characteristic to be protected in an overlay district. As T mentioned eazlier, my ,family has only lived in the Coachnlaza Ridge neigh'barhood ro: less tl#att three months. My overwl~eln~ing sense is that tl~e homes it Coacl+.mare Ridge do not rise to the historical sigtliftcance contemplated by the 1?latttYing aria %oning Board at tine time we endorsed the idea off' overlay districts. Had 1 been aware of the potential personal impact of the overlay district, I certainl,~'would have had second thoughts of endorsing thy overlay district concept. The proposed et~hancemenr_G for the CoACiunaaa. Ridge neighborhood amou'zt to nothing moxe thaaz city codes that should b~ applied on a aztywide bASi3 rother than piecorxteal to those subdivisioais that are 51ngl.ed out for tlrzique treatment by the city. VVc should expect all neighborhoods in the City of Ciaarwatcr to be able to rise tp the level of Ari esfhrtic~~kly plP~aing neighh~arhnnd, a.. i5 the Coachman Ride neighborhood. Given the amount of conixovexsy created by the proposed overlay district, T do not believe that it would be prudeni, ai this time, to adapt this proposed overlay plan. 'W'hat was intended to bring unity to a neigYtborhood, I.;as, by my ubsorvation, only brvug..;t disunity and distrust amonb -e '-?7-0?: 4:37Ph~;CITY CLERK DEPT, d Ef l 1I Ymd1 '1'1: 1d f1!-bb~/%9 Community Aevelopment Board City oZ C:learv~~ates Jvly 17„ 2001 Page 2 ;727 X62 ?086 # 4! 4 PAGE @2/02 z~ighbors. I would urge you to delay irrtplcmentation of this proposed overlay district and urge you tc, cnc~urage the City Catzamission to adopt a change in the Land l~velopment Code to provide an approval process by the neighborhood tiller the proposed o+~~erlay district and ordinanec i.s w~ri,tlen. The current anethod of requiring signatures prior to the dral'laing of the overlay provisions allows proponents a~'the district to solicit approval by property o~wnexs with information rebarding the plan that has not yet been determined. Rather, we should encourage affirmative approval by the property owners after the plan 1~~ been detailed in writing. As it is now, those homeowners who reznain silem out of either adrnoran,ee or confusion can be irfcrred as having a~+proved a ,plan which they may not 3cnow about, cafe dboul., dud ccA~tailily clu at,vt uudexsrand the implications of such a plan, Accordingly, Y would urge }Jou ~gaita to either deny or delay ihp im~letner?tatinn of the proposed overlay district. Sin rely, llouglas T,. FIilkert 1515 Midruigltt Pass Way Clcaawalcr, FL 3375G r ~ • June 20, 2001 Joseph and Sue Anne Park 2344 Wetherington Road Clearwater, FL 33765 Dear Mr. And Mrs. Park: As you may know, between February 2001 and May 2001 the Coachman Ridge Neighborhood conducted a planning process whereby the participants developed a neighborhood plan. A copy of the draft plan was delivered to each home by the neighborhood association in mid May. The next step in this planning process is to implement an overlay zone that provides additional requirements above what is required by the current zoning requirements to implement certain aspects of the Coachman Ridge Neighborhood Plan. The purpose of the overlay district is to protect the established character of the Coachman Ridge neighborhood and ensure that any infill development or redevelopment activities are consistent with that character. I would like to provide you information regarding each proposed provision of the Coachman Ridge Neighborhood Conservation Overlay Zone (overlay zone) that will apply to your property, which is located in Tract A-III, as it is scheduled for a public hearing before the Community Development Board on July 17, 2001 and on August 16, 2001 before the City Commission. Please find below a detailed description of each proposed requirement. This is a summary of the provisions contained in the Neighborhood Plan on pages 22-23, which has been attached for your review. 1. Permitted Uses. The proposed overlay district only permits single-family detached dwellings, community residential homes and utility/infrastructure installations provided they are needed to maintain current levels of service or enhance service. Your property is currently zoned Low Density Residential (LDR). The existing requirements of the City Community Development Code permits community residential homes, detached dwellings, attached dwellings, overnight 1 t • accommodations (bed and breakfast), utility/infrastructure facilities, parks and schools in your zoning district provided certain criteria are met. The proposed list of permitted uses in the overlay district is more restrictive and is intended to provide greater protection to the existing single-family character of the Coachman Ridge neighborhood. 2. Minimum Lot Size Requirements. The proposed overlay district would impose a minimum lot size of 30,000 square feet in Tract A-III. The minimum lot area requirement for detached dwellings in the City of Clearwater LDR zoning district is 20,000. Based on measurements done by Planning Department staff, the smallest lot size in Tract A-III exceeds 30,000 square feet. The overlay district requirement is intended to provide a higher level of protection for property owners in this tract due to the estate qualities of this part of the neighborhood. This requirement should also enhance the image or perception of the tract and help safeguard the significant investment property owners have made in this portion of Coachman Ridge. Another reason for the proposed minimum lot size of 30,000 square feet is that the current zoning requirements permit different lot sizes for different uses. For example, current City code requirements permit community residential homes to be constructed on 10,000 square foot lots in the LDR zoning district. The proposed overlay district would require such uses to be constructed on minimum lot sizes of 30,000 square feet. 3. Setbacks. The proposed overlay district defers to the City's LDR zoning district for setback requirements. Those requirements are as follows: front setback - 25 feet; side setbacks - 15 feet; and rear setback - 25 feet. The setbacks set forth in the deed restrictions are less than those specified in the City's LDR zoning district and are not adequate for the larger lots in your area of the subdivision; therefore, the setbacks for Tract A-III will continue to be as currently regulated by the City's Community Development Code. 4. Off-street Parking Requirement. The proposed minimum off-street parking requirement of the overlay district is a two-car attached garage. The existing city parking requirement is two parking spaces per dwelling; however, it does not specify that the spaces must be in a garage. Current deed restrictions require atwo-car garage. Neighborhood residents participating in the overlay district planning process believe an attached garage is an important characteristic of the neighborhood that should be maintained. This minimum requirement would not preclude you from building additional garage space 2 • provided it is in compliance with setback requirements. Furthermore, this provision would not prevent anyone from constructing a detached garage in the rear yard provided it is in compliance with accessory use requirements, such has been done on several properties located in Tract A-III. 5. Prohibited Driveway Materials. The proposed overlay district prohibits the use of certain materials for driveway construction such as asphalt, gravel, shell, etc. Neighborhood residents participating in the overlay district planning process believe that the concrete and paver driveways currently found throughout the neighborhood are an important neighborhood characteristic. There was concern about the aesthetics of asphalt, gravel, shell, etc. and how the use of such materials would detract from neighborhood appearance and value. 6. Prohibition of Parking on Landscaped Areas. The proposed overlay district prohibits vehicles, boats, trailers, etc. from being parked on any landscaped area. Current deed restrictions do not allow vehicles to be parked on the lawn and this proposed regulation obviously supports that prohibition. The protection of existing neighborhood character is a central concern of those Coachman Ridge residents participating in the planning process. They believe that the value of the neighborhood would be degraded if vehicles were permitted to be in yards on the grass or on other landscaped areas. 7. Parking of Certain Types of Vehicles. The proposed overlay district requires that the following vehicles be parked in a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles. Current deed restrictions require boats, recreational vehicles and trailers to be stored in garages. Upholding this existing neighborhood standard is the primary reason this provision is being proposed. Additionally the regulation is intended to maintain the current openness of the neighborhood, as well as the general appearance. There was a tremendous amount of discussion at several of the public meetings about this requirement. Some neighborhood participants discussed allowing these types of vehicles to be parked behind the front building line of homes either in the side yard or the rear yard. Residents overwhelmingly rejected this proposal because residents, who spend time in the rear yard, did not want to be subjected to looking at neighbor's vehicles in the rear yard. Furthermore, it would allow vehicular storage in a manner that is currently prohibited by current deed 3 i restrictions. At the last public meeting held on May 21, 2001 there was discussion about allowing outdoor vehicular parking in Tract A-III due to the larger lot sizes found in this part of the neighborhood. Due to the urban estate nature of Tract A-III, the majority of participants thought that allowing such outdoor storage would compromise the estate nature of the tract. It would also detract from the appearance, value and character of this area of the neighborhood, as well as the entire neighborhood. 8. Fences. The proposed overlay district prohibits chain link fences throughout the Coachman Ridge neighborhood. In your area of the subdivision, fences may be located in these yard areas provided such fences do not exceed three feet in height and the fence design is open and the design and materials are compatible with the architectural style of the house. In Tracts A-I and A-II, fences are prohibited from being erected in the front yard between the building and the street and on corner lots between the building and street There was a discussion about existing fences in your area of the subdivision at the last public meeting held on May 21, 2001. After the meeting, neighborhood residents agreed that the existing fences located in the front yards in Tract A-III are attractive and compliment the properties and therefore revised the overlay district to permit this. It was also decided that the remainder of the subdivision should continue to comply with existing deed restrictions that preclude the location of any fences in the front yard. 9. Screening Requirements. The final proposed provision of the overlay district requires that trash containers, oil tanks, gas tanks, soft water tanks and other similar equipment be located behind the front building line of a house and screened from public view. The proposed requirement allows screening to be accomplished through landscaping or fencing. The proposed screening requirements are consistent with existing deed restrictions and neighborhood participants believe that this provision is necessary to maintain a high level of neighborhood aesthetics. These nine provisions listed above are the only regulations proposed to be included in the overlay district and if approved, would become city code requirements. Staff is in the process of determining, however, whether or not a minimum lot width requirement needs to be added to the overlay district. Any other actions outlined in the implementation section of the Coachman Ridge Neighborhood Plan must be initiated by the neighborhood. For example, the Plan addresses the need to work with the city representative in the Public Works Administration to expedite the replacement of nonworking streetlights. This is something that the neighborhood association must initiate. Another example is that a special project committee be established to research the possibilities of erecting a unified wall around 4 the perimeter of the neighborhood. The committee might consider working with the City to determine if any grants or other funding sources are available in conjunction with projects such as the Florida Power Trail or any improvements that may be made to State Road 590 or Old Coachman Road. If you have any objections or concerns about any of the proposed requirements of the overlay district or the Coachman Ridge Neighborhood Plan, please contact me no later than Friday June 29, 2001 at 562-4587 or contact your Tract A-III representative, Jet Lightner at 796-5975. It is important that City staff, as well as the Coachman Ridge Neighborhood Conservation Overlay District study committee, understand any outstanding questions you may have about anything that is being proposed. Sincerely yours, Gina L. Clayton Senior Planner Attachments 5 CDB Meeting Date: Case Number: Agenda Item: July 17, 2001 TA 01-06-02 C-5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code - Ordinance No. 6825-O1 INITIATED BY: Coachman Ridge Neighborhood and Planning Department BACKGROUND INFORMATION: Pursuant to Community Development Code Section 4-608, the Coachman Ridge neighborhood received approval from the Clearwater City Commission in January 2001 to proceed with the planning process required for implementation of a neighborhood conservation overlay zone. Between February 2001 and May 2001 neighborhood residents, in conjunction with Planning Department staff, developed the Coachman Ridge Neighborhood Plan. This Plan addresses neighborhood conditions, strengths and weaknesses, goals and objectives and implementation strategies. The implementation section is divided into two subsections: Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) and Neighborhood Actions. The latter subsection details actions required by neighborhood residents and the former subsection details the development standards to be applied in the CRNCOD. These standards were developed to implement goals and objectives identified by the neighborhood and are included in these proposed text amendments. ANALYSIS: Proposed Ordinance No. 6825-01 creates Division 16 of Article 2 of the Community Development Code entitled Neighborhood Conservation Overlay District. This division will contain the provisions for all neighborhood conservation overlay districts. Additionally, this ordinance creates the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD), which contains amendments that are specific to the Coachman Ridge neighborhood. Below please find a description of each proposed amendment. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 ~~ Purpose, Jurisdictional Boundaries and Relationship to Underlying Districts (Page 2 of the proposed ordinance.) The general purpose of the proposed CRNCOD is to ensure that infill and redevelopment activities are consistent with the protection of the existing established character of Coachman Ridge and to protect the health, safety and welfare of the neighborhood. All of the proposed development standards are intended to preserve the unique characteristics of the Coachman Ridge neighborhood and maintain its stability. The proposed CRNCOD will govern all property located within the Coachman Ridge Subdivision, which consists of three tracts known as Tract A-I, A-II and A-III. Tracts A-I and A-II include 242 properties that have an underlying zoning designation of Low Medium Density Residential (LMDR). Tract A-III, which includes thirteen (13) properties, has an underlying zoning designation of Low Density Residential (LDR) (see attached map). The proposed CRNCOD provides regulations in addition to those required by the LDR and LMDR zoning districts. Any issue that is not addressed by this overlay district will be governed by the remaining provisions of the Community Development Code. The overlay district is not intended to totally replace the LDR or LMDR district nor the balance of the Code. There are a limited number of provisions unique for Coachman Ridge and all other development regulations in the Code still apply to the neighborhood. 2. Permitted Uses and Dimensional Standards in the Coachman Ridge Neighborhood Conservation Overlay District (Pages 2 - 7 of the proposed ordinance.) The permitted uses and dimensional requirements of the proposed CRNCOD are organized in the same format as used in all of the other zoning districts. Allowable uses are permitted as minimum development, flexible standard development and/or flexible development. The minimum development uses currently allowed in the underlying LDR and LMDR districts are community residential homes and detached dwellings. The proposed CRNCOD would continue to permit those uses; however, minimum lot size requirements have been increased. In Tract A-III, which has an underlying zoning of LDR, the minimum lot area is being increased from 20,000 square feet in area to 30,000 square feet for detached dwellings. With regard to community residential homes with 6 or fewer residents, the minimum lot size is being increased from 10,000 square feet in area to 30,000 square feet. No changes are proposed in the setback requirements. The minimum off-street parking requirement of the underlying LDR District is two spaces per unit; however, the location of such spaces is not specified. The proposed CRNCOD requires two parking spaces as well, however, such spaces must be located in an attached garage. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 2 The proposed CRNCOD increases minimum lot sizes and lot widths requirements for properties located in Tracts A-I and A-II, which have an underlying zoning designation of LMDR. This underlying zoning district requires a minimum lot size of 5,000 square feet for community residential homes and detached dwellings. The proposed CRNCOD increases the requirement to 9,000 square feet, which is consistent with the Coachman Ridge deed restrictions. Minimum lot width requirements are also increased from fifty (50) feet to eighty (80) feet to reflect current site conditions. As in the LDR District, the minimum off-street parking requirement of the underlying LMDR District is two spaces per unit and the location of such spaces is not specified. The proposed CRNCOD requires atwo-car attached garage. The proposed CRNCOD also imposes different setback requirements than the underlying LMDR setback requirements. Below is a comparison of setback requirements. Setback Underlying LMDR Re uirements Proposed CRNCOD Re uirements Front 25 feet 25 feet Side 5 feet 7 feet Rear 15 feet 10 feet These proposed minimum lot area, setback and off-street parking requirements for Tracts A-I and A-II are consistent with the neighborhood's deed restrictions. The underlying LDR district provisions allow detached dwellings, residential infill projects and utility/infrastructure facilities as flexible standard development. The underlying LMDR district allows attached dwellings, detached dwellings, residential infill projects and utility/infrastructure facilities as flexible standard uses. The proposed CRNCOD would only permit residential infill projects and utility/infrastructure facilities as flexible standard development. Detached dwellings and community residential homes are the only uses that could be submitted as a residential infill project. This provision makes it possible for property owners to apply for deviations to setbacks and lot area and width requirements in the event they could not comply with the minimum standard requirements. It should be noted however, that the residential infill flexibility criteria is much more difficult to meet than the criteria established for deviations to detached dwellings in the underlying zoning districts. Utility/infrastructure facilities are also permitted as flexible standard development provided three criteria could be met. Utility/infrastructure facilities are the only permitted flexible development use allowed in the proposed CRNCOD. In the underlying LDR district, permitted flexible development uses include attached dwellings, overnight accommodations, parks and recreation facilities, residential infill projects and schools. In the underlying LMDR district, permitted flexible development uses include attached Staff Report for TA 01-06-02 CDB Meeting 07-17-01 3 • dwellings, detached dwellings, non-residential off-street parking, parks and recreation facilities, residential infill projects and schools. The proposed CRNCOD imposes six criteria that must be met in order for utility/infrastructure facilities to be allowed to deviate from the dimensional requirements established in the flexible standard provisions. The proposed CRNCOD use and dimensional requirements are intended to better protect Coachman Ridge's character than the existing underlying zoning requirements. Increased minimum lot area requirements in all three tracts ensure that lots cannot be subdivided into lots substantially smaller than existing lots in the neighborhood. Setbacks for Tracts A-I and A-II are consistent with setbacks required by the existing deed restrictions when the properties were developed. Furthermore, the requirement of a two-car attached garage will maintain an established characteristic of the Coachman Ridge neighborhood, which was established by the neighborhood's deed restrictions. The proposed use and dimensional requirements of the CRNCOD implement the following goals and objectives set forth in the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.7 Building additions, alterations and new structure should be sensitive to the existing established scale, design and architectural character of the neighborhood. Objective 2.8 Encourage compliance with deed restrictions. Goa15 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. 3. Driveway Materials (Page 7 of the proposed ordinance.) The proposed CRNCOD district prohibits the use of certain materials for driveway construction such as asphalt, gravel, shell, etc. The existing provisions of the Community Development Code are silent with regard to driveway materials; however, parking spaces must be of a durable hard surfaced material. This proposed requirement fills a gap currently existing in the Community Development Code and limits the use of certain materials for driveways. The existing concrete and paver driveways currently found throughout the neighborhood are an important neighborhood characteristic that residents want to maintain. Coachman Ridge residents are concerned about the aesthetic impact different types of driveway materials will have on neighborhood appearance and Staff Report for TA 01-06-02 CDB Meeting 07-17-01 4 value; therefore they want to limit permissible materials in accordance with established neighborhood standards. It should also be noted that subdivision deed restrictions require concrete driveways. This proposed requirement of the CRNCOD furthers the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Goa110 To improve neighborhood aesthetics in order to ensure an attractive neighborhood appearance. 4. Parking on Landscaped Areas (Page 7 of the proposed ordinance.) The proposed CRNCOD prohibits vehicles, boats, trailers, etc. from being parked on any landscaped area. Code Section 3-1407(A)(4) allows one designated parking space on the grass in a required front setback adjacent to the driveway located on the property. This proposed requirement of the CRNCOD would not permit such a space in the Coachman Ridge neighborhood. The protection of the existing neighborhood character is the central concern of Coachman Ridge residents. The possibility of vehicles parking on landscaped areas would detract from this neighborhood, which has well maintained and attractively landscaped properties. Furthermore, the neighborhood's deed restrictions do not allow vehicles to be parked on the lawn. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 5 ~~ i • Objective 2. 9 Prohibit the parking of boats, recreational vehicles, trailers, trucks, or other commercial vehicles, other than those present on business, unless stored inside garages and concealed from public view. Goa15 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. Objective 8.5 Maintain the aesthetics of property and landscaping by prohibiting vehicles from parking on landscaped areas throughout the entire neighborhood. 5. Parking of Certain Types of Vehicles (Page 7 of the proposed ordinance.) The proposed overlay district requires that the following vehicles be parked in a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles. Existing Code Section 3-1407(A)(2) allows boats twenty (20) feet and smaller in length and commercial vehicles less than twenty feet in length to be parked in a required front yard. This section also permits recreation vehicles, travel trailer, motor homes and camping trailers, race cars, dune buggies, farm equipment, go karts, ATVs and other similar vehicles to be parked on residential property provided they are not located in the required front setback area. This proposed regulation of the CRNCOD would not allow various types of vehicles to be parked in any yard area. Coachman Ridge residents want to maintain the current appearance, value and character of the neighborhood. There was significant discussion at several public meetings regarding this issue and whether or not residents should be allowed to park these types of vehicles in the side or rear yards. Residents overwhelmingly rejected this concept and felt that this type of vehicular storage, which is prohibited by Coachman Ridge deed restrictions, should be prohibited in their neighborhood. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 6 ,~ ~ • Objective 2. 9 Prohibit the parking of boats, recreational vehicles, trailers, trucks, or other commercial vehicles, other than those present on business, unless pared inside garages and concealed from public view. Goal 5 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. Objective 8.5 Maintain the aesthetics of property and landscaping by prohibiting vehicles from parking on landscaped areas throughout the entire neighborhood. 6. Fences (Page 7 of the proposed ordinance.) The proposed CRNCOD prohibits chain link fences throughout the Coachman Ridge neighborhood. It also prohibits fences in the front yard or corner side yard of properties located in Tract A-I and A-II, which has an underlying zoning designation of LMDR. In Tract A-III, the proposed CRNCOD permits non-opaque fences not exceeding three feet in height in the front yard and corner side yard provided the fence design and materials are compatible with the architectural style of the house. With regard to fences located in the side and rear yards, the existing fence requirements in Article 3, Division 8 shall govern. There are only several small fences located in the front yard in the entire neighborhood and they are located in Tract A-III. Residents that participated in the planning process agreed the existing fences in Tract A-III are attractive and compliment the large lots located there. Since there are no fences in the front yards or corner side yards of the remaining 242 properties and the deed restrictions prohibit such fences, it was decided that the remainder of the subdivision should continue to comply with existing deed restrictions. The proposed fence requirements of the CRNCOD implement the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2. 8 Encourage compliance with deed restrictions Goa110 To improve neighborhood aesthetics in order to ensure an attractive neighborhood appearance. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 7 7. Screening Requirements (Page 7 of the proposed ordinance.) The last proposed provision of the CRNCOD requires that trash containers, oil tanks, gas tanks, soft water tanks and other similar equipment be located behind the front building line of a house and screened from public view. The proposed requirement allows screening to be accomplished through landscaping or fencing. The proposed screening requirements are consistent with existing deed restrictions and neighborhood participants believe that this provision is necessary to maintain a high level of neighborhood aesthetics. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goal2 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2. 8 Encourage compliance with deed restrictions CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find 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: • Goa12 -The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. • Policy 2.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The proposed CRNCOD is an innovative concept that was specifically created to ensure neighborhood preservation. The provisions included in the proposed Staff Report for TA 01-06-02 CDB Meeting 07-17-01 8 • CRNCOD require that infill and redevelopment is consistent and compatible with the existing character of the Coachman Ridge neighborhood. 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 create a new division in Article 2, zoning districts. It also creates the development standards for the Coachman Ridge Neighborhood Conservation Overlay District. The proposed amendments are consistent with the following purposes of the Code. • Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; • Section 1-103(B)(2) - It is the purposed of this Community Development Code to create value for its citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; • Section 1-103(E)(2) -Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; • Section 1-103(E)(3) -Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; and • Section 1-103(E)(8) -Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city. Staff Report for TAO 1-06-02 CDB Meeting 07-17-01 9 SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments will provide the residents of Coachman Ridge with an additional layer of development standards that will protect the character of the neighborhood. The CRNCOD will require development to be consistent with existing development patterns and property maintenance standards to consistent with prevailing neighborhood standards. The Planning Department Staff recommends APPROVAL of Ordinance No. 6825-01 that revises the Community Development Code and establishes the first Neighborhood Conservation Overlay District. Prepared by: Gina L. Clayton ATTACHMENT: Proposed Ordinance No. 6825-01 Adopted Zoning Classification Map Staff Report for TA 01-06-02 CDB Meeting 07-17-01 10 i • ORDINANCE NO. 6825-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1601, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and WHEREAS, the Coachman Ridge neighborhood has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation Overlay Districts is hereby created. Ordinance No. 6825 -01 CDB Meeting 07-17-01 Section 2. Article 2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1601 Coachman Ridge Neighborhood Conservation Overlay District A. Intent and Purpose. The Coachman Ridge Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2001 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Coachman Ridge neighborhood. The purpose of the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety welfare of the district. 8. Jurisdictional Boundaries. The Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) shall be consistent with the boundaries of Tract A-I, Coachman Ridge Subdivision, as recorded in Plat Book 83, pages 62 through 64 of the Public Records of Pinellas County, Florida, Tract A-II, Coachman Ridge Subdivision as recorded in Plat Book 85, pages 57 and 58 of the Public Records of Pinellas County, Florida, and Tract A-III, Coachman Ridge Subdivision, as recorded in Plat Book 88, page 73 of the Public Records of Pinellas County, Florida. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Coachman Ridge Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Density Residential and Low Medium Density Residential Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. D. Minimum standard development. The following uses are Level One permitted uses in the CRNCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 Table 2-1602(D). "CRNCOD" Minimum Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off- Area Widfh ft. Helghf Street s . ft. fft.,Z Parking Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Community 30,000 100 25 15 25 25 30 2 car Residential attached Homes (6 or ag rage fewer residents dwelling Detached 30,000 100 25 15 25 25 30 Dwellings 2 car attached ag rage dwellin Property with underlying zoning of LMDR: Community 9,000 80 25 7 10 20 30 2 car Residential attached Homes (6 or aq rage fewer per residents dw_ elling Detached 9,000 80 25 7 10 20 30 2 car Dwellings attached aq rage 17ef dwellin (11 A corner side yard is the side yard of a corner lot that abuts a public right-of-way_ E. Flexible standard development. The following Level One uses are permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 ~J • Table 2-1602(E). "CRNCOD" Flexible Standard Development Use Min. Min. Min. Setbacks (ft.) Max. Min. Off- Lot Lot Height Street Area Width f~ Parking ft. Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Residential Infill n/a n/a 10- - 0 - - 0 - - 10 - - 20 30 2 car Pro~ect 2 25 15 15 attached garage per dwelling n/a n/a 25 15 25 25 30 n/a Utility/Infrastructure Facilities (3) Property with underlying zoning of LMDR: Residential Infill n/a n/a 10 - - 0 - - 0 - - 10 - -20 30 2 car Pro~ect 2 25 7 10 attached garaqe per dwelling n/a n/a 25 7 10 20 30 n/a Utility/Infrastructure Facilities (3) (1) A corner side Yard is the side yard of a corner lot that abuts a public right-of-way. (2) The development standards for residential infill projects are guidelines and may be varied based on the criteria specified in Section 2-1601(E)(1)(a). (3) Utility/infrastructure uses shall not exceed three acres. Anv 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. Flexibility criteria: 1. Residential infill. a. Single-family detached dwellings and community residential homes with six (6) or fewer residents are the only permitted uses eligible for residential infill project application; Ordinance No.6825-01 CDB Meeting 07-17-01 b. The development or redevelopment of the parcel proposed for development is consistent with the Coachman Ridge Neighborhood Plan. c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards: d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; f. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; g. Flexibility in regard to lot width and required setbacks or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole. 2. Utility/infrastructure facilities. a. The proposed utility/infrastructure facility is needed to maintain current levels of service or enhance levels of service. b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Coachman Ridge neighborhood. c. No above ground structures shall be located in a required front yard or corner side yard setback. F. Flexible development. The following Level Two use is permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 Table 2-1602(F). "CRNCOD" Flexible Development Use Min. Min. Lot Min. Setbacks (ft.1 Max. Min. Off- Lot Width Height Street Area f~ ~ Parking ft. Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Utility/Infrastructure n/a n/a 10 - - 0_- 0=- 10 - - 25 n/a n/a Facilities (2) 25 15 25 Property with underlying zoning of LMDR: Utility/Infrastructure n/a n/a 10 - - 0_- 0=- 10 - -20 n/a n/a Facilities (2) 25 7 10 (1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way. (2) Utility/infrastructure facilities shall not exceed three acres. Anv 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. Flexibility Criteria. 1. Infrastructure/utility facilities. a. The proposed infrastructure/utility facility is needed to maintain current levels of service or enhance levels of service; b. The siting and screening of the proposed infrastructure/utility facility protects the established character of the Coachman Ridge neighborhood; c. No above ground structures shall be located in a required front yard setback; d. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the setback requirements; e. Flexibility with regard to setbacks are justified by the benefits to the neighborhood character and the immediate vicinity of the parcel proposed for development; Ordinance No.6825-01 CDB Meeting 07-17-01 • C~ f. The proposed use is compatible and consistent with the character of the adjacent properties and the Coachman Ridge neighborhood as a whole. G. Driveway Materials. Driveways constructed of asphalt, gravel, shell and other similar materials shall be prohibited. H. Parkin_g on Landscaped Areas. The parking of any type of vehicle, trailer, boat, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. Parking of Certain Types of Vehicles. The following vehicles shall only be kept on property if parked inside a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, qo karts, ATVs or other similar vehicles. J. Fences. 1. Chain Link Fences. Chain link and vinyl coated chain link fences shall be prohibited throughout the CRNCOD. 2. Fences Located in the Front Yard. a. Property with an Underlying Zoning Designation of Low Density Residential. Non-opaque fences not exceeding three feet in height may be permitted between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line provided that fence materials and design are compatible with the architectural design of the dwelling. b. Property with an Underlying Zoning Designation of Low Density Residential. Fences shall be prohibited between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line. 3. Fences Located in the Side and Rear Yards. Fences located in the side and rear yards shall be in compliance with the fences requirements as set forth in Article 3, Division 8. K. Screening Requirements. Trash containers, oil tanks, gas tanks, soft water tanks and other similar equipment shall be located behind the front building line and screened from public view. Screening may be accomplished through landscaping and/or fencing: Ordinance No.6825-01 CDB Meeting 07-17-01 • • Section 2. This ordinance shall take effect on September 17, 2001. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 8 Ordinance No.6825-01 CDB Meeting 07-17-01 ' , • ~ 6 ,10 _~ i ~ I 3a/o11 - 3a/a22 -~ ~ ~~. - I~ i ~~ 'ESTATES. i; i ~ ~ (County) 19.. S. 11~. ]„>],e ~ ' T ~ ~. ~ ;,, -- '.~~~~~r-.~ 1 i I J~u ~ ~~~ iii ~ ~ ,a5'- L ' i© ~ ~~ ~~ ili ~ ` 14, __ - - ~ 39/01 I 248 COAL , -. 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P~ ~'' ~I~' ~~ WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation Overlay Districts is hereby created. Section 2. Article 2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is hereby created and containing the following provisions. Ordinance No. 6825 -01 CDB Meeting 07-17-01 • 2-1602 Coachman Ridge Neighborhood Conservation Overlay District A. Purpose. The Coachman Ridge Neiqhborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2001 to provide guidance and policy direction for all public and private actions within and in the vicinity of the neighborhood. The purpose of the Coachman Ridge Neiqhborhood Conservation Overlay District is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and will protect the health, safety and welfare of the district. 8. Jurisdictional Boundaries. The Coachman Ridge Neiqhborhood Conservation Overlay District (CRNCOD) shall be consistent with the boundaries of Tract A-I, Coachman Ridge Subdivision, as recorded in Plat Book 83, pages 62 through 64 of the Public Records of Pinellas County, Florida, Tract A-II, Coachman Ridge Subdivision as recorded in Plat Book. 85, pages 57 and 58 of the Public Records of Pinellas County, Florida, and Tract A-III, Coachman Ridge Subdivision, as recorded in Plat Book 88, page 73 of the Public Records of Pinellas County. Florida. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Coachman Ridge Neiqhborhood Conservation Overlay District on the zoning atlas overlays the existing Low Density Residential and Low Medium Density Residential Districts. The provisions contained herein shall govern in this overlay district. Issues not specifically addresses in this overlay shall be governed by the remaining provisions of this Community Development Code. D. Permitted Uses (1) Minimum Standard Uses. Single family detached dwellings and community residential homes with six or fewer residents shall be permitted minimum standard uses in the CRNCOD. (2) Flexible Standard Uses. (a) Utility infrastructure uses may be permitted as minimum standard uses provided a determination is made by the Community Development Coordinator that the use is needed to maintain current levels of service or enhance service and that the siting and screening of such installation infrastructure/utility installation protects the established character of the district. (b) Detached dwellings and community residential homes are the only use permitted to apply for residential infill use approval. Application may be made consistent with the provisions of Low Ordinance No.6825-01 CDB Meeting 07-17-01 • Density Residential and Low Medium Density Residential zonina districts. (3) Flexible Development Uses. There are no flexible development uses permitted in the CRNCOD. E. Minimum Lot Sizes. (1) Property with an underlying zonin designation of Low Medium Density Residential. The minimum lot size shall be 9,000 square feet in area. (2) Property with an underlying zoning designation of Low Density Residential. The minimum lot size shall be 30,000 square feet in area. F. Minimum Lot Widths. G. Setbacks. (1) Property with an underlying zoning designation of Low Medium Density Residential. The following setback shall apply to property located in an underlying zoning district of LMDR. (a) Front Setback: 25 feet (b~ Side Setback: 7 feet (c) Rear Setback: 10 feet (dl Corner side setback: 20 feet (2) Property with an underlying zoning designation of Low Density Residential. The required setback for single family detached dwellings and community residential homes shall be as the same as detached dwellings as set forth in Table 2-102. H. Off-Street Parking Requirements. A minimum of a two-car garage shall be required. Prohibited Driveway Materials. Driveways constructed of asphalt, gravel, shell and other similar materials shall be prohibited. J. Prohibition of Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, recreational vehicle, or any other similar vehicle shall be prohibited on any landscaped area. K. Parking of Certain Types of Vehicles. The following vehicles shall only be kept on property if parked inside a garage and concealed from public view: boats, Ordinance No.6825-01 CDB Meeting 07-17-01 ~- i personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, qo karts, ATVs or other similar vehicles. L. Fences. (1) Chain link and vinyl coated chain link fences shall be prohibited throughout the CRNCOD. (2) Fences located between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line shall be prohibited in the area with an underlying zoning district of Low Medium Density Residential. Fences not exceeding three feet in height may be permitted between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line in the area with an underlying zoning district of Low Density Residential provided that the fence has an open design which is compatible with the architectural design of the dwelling and fence materials are compatible with the dwelling J. Screening Requirements. Trash containers, oil tanks, gas tanks, soft water tanks and other similar equipment shall be located behind the front building line and screened from public view. Screening may be accomplished through landscaping and/or fencing. Section 2. This ordinance shall take effect ten days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 4 Ordinance No.6825-01 CDB Meeting 07-17-01 ( `~- ~ • Clayton, Dina Frcm: Clayton, Gina Sent: Tuesday, June 19, 2001 11:43 AM To: Dougall-Sides, Leslie; Chase, Susan; Diana, Sue Cc: Tarapani, Cyndi Subject: Coachman. Ridge Importance: High As you may know, at the July CDB meeting we will have three items relating to our first Neighborhood Conservation Overlay District. I think we need to make sure that all 255 property owners located within the Coachman Ridge neighborhood receive notice of this meeting. We will be approving the neighborhood plan, creating the Coachman Ridge Neighborhood Conservation Overlay District provisions that only will apply to their neighborhood and applying the Coachman Ridge Neighborhood Conservation Overlay District to the zoning atlas. If you think we need to discuss, I'll be happy to meet at your convenience. T' _ „/I jam} / ~,/~ /' /1 Gina L.. Clayfion ( ~ J _ /~ .~'j~l Senior Planner L'~~~ ~;~.-~ -~ ~'1.~~ C%~ ~ C~U' ~~f ~~~1~-~-~ Y1 U ~ C~ City of Clearwater - " _ gclaytonC~clearwater-fl.com ~ ~'" ' dJ (727) 5b2-4587 --- (/ / (~I ~~~~~1_-~ ~~ ~~~~ ~~~ ~--f ~._ V ~~~ ~ ~ ~ - * `f -Three Items !Relating to Coachman Ridge Coachman Ridge Neighborhood Plan P._rc~~-~-- - RESOLUTION NO. 01-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE COACHMAN RIDGE NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. Coachman Ridge Neighborhood Conservation Overlay District Rezoning ORDINANCE NO. 6824-01 - f''ll'.?-' I~~;~ ~ .~~;~! •J~~` `may' .. 1Fi ~ I V ~,/ 7 i~~' _~~1 ~ 1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING ~-r°""4--~-t%' THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND `~..-; . ~,t .;. APPLYING THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION ~-~~``'` OVERLAY DISTRICT AS AN OVERLAY DISTRICT IN ADDITION TO THE ~ `~a ~?.~- ~,~ EXISTING LOW DENSITY RESIDENTIAL AND LOW MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY ~r;., f,•`~ `.~ LOCATED WITHIN THE BOUNDARIES OF TRACT A-I, COACHMAN RIDGE ;~ ' , {;.- SUBDIVISION, AS RECORDED IN PLAT BOOK 83, PAGES 62 THROUGH 64 `,, , ~, ~,~~j.;;,t; _j. OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TRACT A-II, COACHMAN RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 85, PAGES 57 AND 58 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TRACT A-III, COACHMAN RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 88, PAGE 73 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.; PROVIDING AN EFFECTIVE DATE. Text Amendments Creating the Coachman Ridge Neighborhood ~~~ - ~.`-. ~"~~ ~~ Conservation Overlay District ~.,t~°~ ~ ORDINANCE NO. 6825-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1602, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. ~ ~ Ca: - - CAMPBELL - _. i 1 a4o ~ ~ 3a/oz2 ~ I~ ESTATES ^~1 ~1 ~1 * ~' ..~ 14t _~ ~ 5n>rs ~ ~ ~.. ~ C~ li Al l-_~~ ~ - .r- L R ~ ~ _ 1 t `. ~ OO ' ~ -- ~C ~ _ ~-~~ i ~ ~~. t4~ ~ ~ 34/01 ~+~ `__-~ tab 1a7 9 CAC ` J ~~~ 145A 1488 04 248 _ -~ t4~ 247 ~ ' ~"~~\ ~ .' r8tl XWLEme -~ iaa cam,v E „~e ` CWRT n.s z49 - -~., - 745 » w ~' YSY 144 _ ~ THIS IS NOT A . COACHMAN LACE » ~, $ SURVEY .T/ T EST. 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X 1 , ~ .+°° '.~ 1so ~ ~ too i~ ~ ~ COP`~~ OS$1NG e .., yr` ..: - ~:. .,~ v w A f _ 4 ``~ ..~, 191 192 193 19+4( ;t1 ~ /1 4s4pR 7~,~-" - ~ ~ " "~, 87 5 ~ . H7(d. t: ~. :__ -~. . . `. : - E : ~ ~1 ~~ ~ ~ ~~ ~ _ ,, _ ----- ~ -~ -r- • __ _ 13/01 '- - \ "" '~_ ~ r, o (C~7~ ^^ t Y ~~ ~ _ 2. ._ ,. - - rt~ti_ 74 `t} - II _ `i\_ - ~ i •___ - -- - ~uf+ . ESTATES , -i - ~r.._. EXISTING ZONING CLASSIFICATION Coachman Ridge Neighborhood CASE z o,-os-o2 PAGES 263A, 2638, 272A, 2728 Low Denisty Residential (LDR) & PROPERTY 31TE (ACRES): ~ ~J9± Low Medium Denisty Residential (LMDR) :y2- 0-01;'2:36PM;CITY CLERK DEPT. ;727 562 4086 # 2i 15 ORDINANCE NO. 6825-0'1 ., AN QRDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1601, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and /^` - WHEREAS, the Coachman Ridge neighborhood has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendafiion of the Community Development Board and testimony submitted at its public hearing; now, th€refare, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation ®verlay Districts is hereby created. Ordinance No. 6825 -01 -._- o-C1;12:36PM;CITY CLER~EFT. • ;727 562 4086 # 3! 15 Section 2. Article 2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1649__ ____ _ .Coachman Ridae Neighborhood Conservation Overlay District A. Intent and f'umose. The Coachman Ridge Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2D01 to provide Guidance and policy direction for all public and priya#e actions within and in the vicinity of the Coachman Ridae rteiahborhood. The purpose of the Coachman Ridge Neighborhood Conservation Overlay District (CRNCQD, is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the .protection of the existing established character within the district and to protect the health, safety and welfare of the district. B. Jurisdictional Boundaries. The Coachman Ridge Neighborhood Conservation Overlay District (CRNCQD) shall be consistent with the boundaries of Tract A-I, Coachman_Ridae.Subdivision, as recorded in Plat Book 83 pages 62 through 64 of the Public Records of Pinellas County. Florida, Tract A-II, Coachman Ridge Subdivision as recorded in Plat Book 85, pages 57 and 58 of the Public Records of Pinellas.__County, .Florida, and Tract A-III, Coachman Ridae Subdivision,. as ~ recorded in Plat Baok 88, page 73 of the Public Records of Pinellas County, -- Florida. C. Relationship to Underlying Districts and Other Provisions of the Community Dev®lopment Code. The designation of the Coachman Ridge Neighborhood Conservation Overlay District on the zoning afilas provides requirements in addition to those contained in the Low Density Residential and Low Medium Density Residential Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlav_district shall be governed by the remaining provisions of this Community Development Code. D. Minimum sfandard development. The following uses are Level One permitted uses in the CRNCQD District_subiect to the minimum standards set out in this Section and other applicable provisions of Article 3. ,~ Ordinance No.6825-01 1Z- 5-01;12:36PM;CITY CLER~EPT. •;727 562 4086 # 4% t5 Table 2-1601(D)_ "CI~NCOD" Minimum Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off- Area Width fft.) Height Sfreet (sa. ft. ,(ff~. Parkin Front Side Rear Gorner $ide Yard 1 P%perty with underlying zoning of LDR: Community 30,000 100 25 15 25 25 30 2 car Residential attached I Homes 6 or ag rage fewer per residents dwellin Detached 30,000 100 25 15 25 25 30 Dwellings 2 car attached ag rage I'er dwelling Properfy with undue zoning of LMDR: Community 9.000 $0 25 7 10 20 30 2 car Residential attached Homes (6 or ara e fewer p_er residents dwelling Detached 9,,,000 80 25 7 10 20 30 2 car Dwellings attached garage t7ef ~ dwelling t9.), . A.GOrn@r Side Yard i5 the Side yard ~pf a cornEr lot that abuts a ou41iC right-of-way. E. Flexible standard development. The following f_evel One uses are permitted in the CRNCOD District subject fio ~-, the standards and criteria set out in this Section and other applicable regulations in Article 3. 3 Ordinance No.6825-41 -- 0-01;12:36PM;CITY CLER~EPT. • ;727 562 4086 # 5! 15 Table 2-9609(EJ. "CRNCOD" Flexible Standard Development Use Min. Min. Min. Setbacks ft. Max. Min. Off- Lof Lot He_ . igh# Street Area Width f~ Parkin Front Side Rear Corner Side Yard 7 Property with Underlying zoning pf LDR: Residential lnfill n/a ~ n/a - 10- - 0 - - 0 - - 10 - - 20 30 ~ 2 car Pro'ect 2 25 15 15 attached garage per dwellin n/a n/a 25 15 25 25 30 n!a Utility/infr_a tructure acilities {3) Property with tmderlvinp zoning of LMDR: Residential lnfill Na n/a ~ 10 -__- 0 - - 0 - - 10 - -20 30 2 car Pro'ect 2 25 7 10 attached garage per dwelling n/a n/a 25 7 10 20 30 n/a U ti l ity/ l nfra stru ct u re Facilities (3) (~} ~ corner siae yara is the siae yara of a corner lot tnat abuts a puniic ripnt-ot-way. (23 The development standards for residential lnfill projects are guidelines and may be varied based on._th_ e criteria specified in Section 2-1601(E)(1)(a). (3) 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 transAOrtation/utility which shall include such uses and all contiguous like uses. Flexibility criteria: 1. Residential lnfill. r-~ 4 prdinance No.6825-01 `.2- 5-C1;12:36PM;CITY CLERK DEPT. • ;727 562 4086 # 6! ~5 • a. Single-family detached dwellings and community residential homes with six (6} or fewer residents are the only permitted uses eligible for residential infiil proiect application; b. The development or redevelopment of the parcel proposed for development is consistent with the Coachman Ridge Neighborhood Plan. c. The development or redevelopment of the parcel proposed fo_ r develo ment is otherwise im ractical without deviations from the intensi and other development standards; d. The development ofi a parcel proposed for development as a residential infll_proiect will not materially reduce the fair market value of abutting properties; e. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development; f. The design of the proposed residential infill project creates a_ form__and_ function which enhances the community character of the immediate vicinity of the parcel proposed fior development and the City of Clearwater '^` as ~ wholes g. Flexibility in regard to lot width and required setbacks or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City_of Clearwater as a whole. 2. Utilit Cny frastructur~ facilities. a. The proposed utility/infrastructure faci(itv__ is_ needed to maintain _current levels of service ar enhance levels of service. b. The siting and screenin~e proposed utility/infrastructure facility_ protects the established character of the Coachman Ridge neighborhood. c. No above ground structures shall be located in a required front yard or corner side vard setback. F. Flexible development. The following Level Two use is permitted in the CRNCOD District subject to the ~ standards and__ criteria_set_out in this Section and other applicable regulations in `,,,,,~ Article 3. 5 Ordinance No.6825-01 • 1L- J-01;12:36PM;CITY CLERK DEPT. • ,~ •;727 562 4086 # 7! ~5 1-ab/e 2-9602 F . "CRNCOD" Flexible Develo meet Use Min. Min. Lot Min. Setbacks ft. Max. Min. Off- Lof Width Height Street Area jf~ ~ Parking Front Side Rear Corner Side Yard 1 Pro ert with underlying zoning of LDR. Utility/infrastructure n/a n/a 10 - - 0 - - 0 - - 10 - - 25 n/a n/a Facilities 2 25 15 25 Proms underlying zoning of LMDR: Utility/Infrastructure n/a n/a 10 - - 0 - - 0 - - 10 - -20 n/a n/a Facilities (2) 25 7 10 (~) H corner sine vary is the side yard of a corner lot that abuts a public right-of-way. (2) UtilitX/infrastructure facilities shall nat exceed three acres. Any such use alone or when added to cont~uous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shah include such uses and all contiguous like uses. i=le~xibility Criteria. 9. infrastructure/utility facilities. a_ The ~ro{~osed infirastructure/utility facility is needed to maintain current levels of service or enhance levels of service: b. The siting and_ screening of the proposed infrastructure/utility facility protects the established character of the Coachman Ridge neighborhood; c. No above around structures shall be located in a required front yard setback; 6 Ordinance No.6$25-01 1'2- 5-01;12:36PM;CITY CLERK•DEPT. ;727 562 4086 # 8/ 15 d. The development or redevelopment of the parcel proposed for development is otherwise impract_i_c_al without deviations from the setback requirements: e. Flexibility with regard to setbacks are iustified by the benefits to the neighborhood character and the immediate vicinity of the parcel proposed for development; f. The proposed use is compatible and consistent with the character of the ad'acent ro ernes and the Coachman Rid a nei hborhood as a whole. G. Drivewa Materials- Drivewa s constructed of as halt ravel shell and other similar_materials shall be prohibited. H. Parkin_g on Landscaped Areas. The parking of any type of vehicle, trailer boat recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. Parking of Certain Types of Vehicles. The following vehicles shall only be kept on property if parked in_s_ide a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars dune bu ies farm a ui ment o karts ATVs or other similar vehicles. `~~ This provision shall not prevent commercial vehicles from parking on the streets and on driveways if present on business. This provision shall not prevent the loading, unloading and cleaning of such vehicles as permitted in Section 3- 14a?cB~ J. Fences. 1. Chain Link Fences. Chain link and vinyl coated chain link fences shall be prohibited throughout the CRNCOD. 2. Fences Located in fhe Front Yard. Property with an Underlying Zoning Designation of Low Density Residential. Non-a~ague fences not exceeding three feet in height may be permitted between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of way line provided that fence materials and design are compatible with the architectural- design of the dwelling. b. Property with an Underlyincr Zoning Designation of Low Medium ~ Density Residential. Fences shall be prohibited between the front Qrdinance No.6825-01 '"2- 0-01;12:38PM;CITY CLER~ EPT. • ;727 562 4088 # 9! 15 building .line and the front property line and between the side buildinq_ line and any property line adjacent to a street right-of--way line. 3. Fences Locafed in the Side and Rear Yards. Fences located in the side and rear yards shall be in compliance with the fences requirements as set forth in Article 3 bivision 8. K. Screening Requirements. Trash containers, oil tanks, gas Tanks, soft water tanks and other similar eaui_pment shall be located behind the front buildinq line and screened from public view. Screenina m_ay be accomplished through landsca in and/or fencin . Section 2. This ordinance shall take effect on September 1T, 2001. PASSED ON FIRST READING PASSED ON SECOND AND (FINAL READING AND ADOPTED august 16, 2001 _September 6, 2001 Brun J. A g t Mayor-C missioner Approved as to form: Leslie K. Dougall es Assistant City Attorney Attest: )_ Cyn h a E. Goudeau City lerk 8 Ordinance No.8825-01 r ~~~ ~ ~~- +r ,~.tp f(s ~:L ~'-'-.-.:~ .:~:1 7• i ~'.~. .! ~,~:.: !',`-~~" ;, ; .~~;. -, .,xn ~ --~~r, _`~- '`~. ; . ~ ~,~, ;,i- -A' ~~ ,~ ~~ ~~~- .. .: :., -. ,;~~-s T, :~ ... ADOPTED ZONING CLASSIFICATION Coachman Ridge Neighborhood cAS~ z °'-°B-oa anaea 283A, 2638, 272A, 2728 •/~~ Conservation overlay district ' / PROPERTY SIZE (~cR~S): 'I S9~' 5 C' i"~3 ~'AII~ - - 1'2- 5-01;12:36PM;CITY CLER~EPT. ;727 562 4086 # 10i 15 ;'N~ ~ Q ~~'~ ~ Clearwater City Commission r -- o ~~~ATER.~`~o~ Agenda Cover Memorandum COP11 T~1.'~ Worksession Item # Final Agenda Item # Meeting Date 8-16-O1 SUBJECT/RECOMMENDATION: Amendments to the Community Development Code MOTION: APPROVE text amendments to the Community Development Code to establish the Neighborhood Conservation Overlay District for Coachman Ridge and PASS Ordinance No. 6825-01 on first reading. ^ and that the appropriate officials be authorized to execute same. SUMMARY: This is one of three companion items relating to Coachman Ridge: neighborhood plan, rezoning and text amendments. Ordinance No. 6825-01 proposes to create a new division in Article 2 of the Community Development Code that would contain all neighborhood conservation overlay districts provisions. Ordinance No. 6825-01 also proposes to create the requirements of the Coachman Ridge Neighborhood Conservation Overlay District, which would only apply to property located within the Coachman Ridge neighborhood. All proposed amendments implement goals and objectives contained in the Coachman Ridge Neighborhood Plan. A summary of the provisions are as follows: • A purpose statement is included, as well as a description of the jurisdictional boundaries of the CRNCOD and how the CRNCOD relates to the underlying zoning districts and other code requirements. • Permitted uses and dimensional standards are specified in the CRNCOD. Requirements are presented in the same format as used in the other zoning districts. (e.g. charts listing minimum standard, flexible standard and flexible development uses and requirements.) • Certain driveway materials are prohibited. Reviewed Originating Department: Costs: Commission Action: by: Legal Planning and De elopment ^ Approved Budget N/A Gina L. Clayton Total ^ Approved with Conditions Purchasing 'N/A . User Department: ^ Denied Risk Mgmt. N/A Current Fiscal Year ^ Continued to: IS N/A Funding Source: ACM N/A ^ Capitallmprovement: Other N/A Advertised: ^ operating: Date: ^ Other: Attachments: Paper: Planning Dept. Staff Report Submitted ^ Not Required Appropriation Code Ordinance No. 6825-01 by: Affected Parties ^ Notified City Manager ^ Not Required ^ None ~~ Printed on recycled paper 1 • • Parking on landscaped areas is prohibited. • Certain types of vehicles, trailers and boats are permitted in Coachman Ridge provided they are parked inside garages. • Chain link fences are prohibited in the entire neighborhood. Certain fences are permitted in the front and corner side yard of lots with an underlying zoning designation of Low Density Residential while such fences are prohibited in the remainder of the neighborhood. All other fences must comply with the requirements of Article 3, Division 8. • Trash containers and certain types of equipment are required to be screened. The proposed text amendments are consistent with the Coachman Ridge Neighborhood Plan. The proposed text amendments are consistent with the Clearwater Comprehensive Plan and Community Development Code. The Community Development Board reviewed the proposed ordinance at its regularly scheduled meeting on July 17, 2001 and recommended approval of the ordinance subject to a final vote of the neighborhood. 2 • CDB Meeting Date: Case Number: Agenda Item: July 17, 2001 TAO 1-06-02 C_5 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: INITIATED BY: Amendments to the Community Development Code - Ordinance No. 6825-O1 Coachman Ridge Neighborhood and Planning Department BACKGROUND INFORMATION: Pursuant to Community Development Code Section 4-608, the Coachman Ridge neighborhood received approval from the Clearwater City Commission in January 2001 to proceed with the planning process required for implementation of a neighborhood conservation overlay zone. Between February 2001 and May 2001 neighborhood residents, in conjunction with Planning Department staff, developed the Coachman Ridge Neighborhood Plan. This Plan addresses neighborhood conditions, strengths and weaknesses, goals and objectives and implementation strategies. The implementation section is divided into two subsections: Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) and Neighborhood Actions. The latter subsection details actions required by neighborhood residents and the former subsection details the development standards to be applied in the CRNCOD. These standards were developed to implement goals and objectives identified by the neighborhood and are included in these proposed text amendments. ANAT.VCTC• Proposed Ordinance No. 6825-01 creates Division 16 of Article 2 of the Community Development Code entitled Neighborhood Conservation Overlay District. This division will contain the provisions for all neighborhood conservation overlay districts. Additionally, this ordinance creates the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD), which contains amendments that are specific to the Coachman Ridge neighborhood. Below please find a description of each proposed amendment. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 1 • 1. Purpose, Jurisdictional Boundaries and Relationship to Underlying Districts (Page Z of the proposed ordinance.) The general purpose of the proposed CRNCOD is to ensure that infill and redevelopment activities are consistent with the protection of the existing established character of Coachman Ridge and to protect the health, safety and welfare of the neighborhood. All of the proposed development standards are intended to preserve the unique characteristics of the Coachman Ridge neighborhood and maintain its stability. The proposed CRNCOD will govern all property located within the Coachman Ridge Subdivision, which consists of three tracts known as Tract A-I, A-II and A-III. Tracts A-I and A-II include 242 properties that have an underlying zoning designation of Low Medium Density Residential (LMDR). Tract A-III, which includes thirteen (13) properties, has an underlying zoning designation of Low Density Residential (LDR) (see attached map). The proposed CRNCOD provides regulations in addition to those required by the LDR and LMDR zoning districts. Any issue that is not addressed by this overlay district will be governed by the remaining provisions of the Community Development Code. The overlay district is not intended to totally replace the LDR or LMDR district nor the balance of the Code. There are a limited number of provisions unique for Coachman Ridge and all other development regulations in the Code still apply to the neighborhood. 2. Permitted Uses and Dimensional Neighborhood Conservation Overlay ordinance.) Standards in the Coachman Ridge District (Pages 2 - 7 of the proposed The permitted uses and dimensional requirements of the proposed CRNCOD are organized in the same format as used in all of the other zoning districts. Allowable uses are permitted as minimum development, flexible standard development and/or flexible development. The minimum development uses currently allowed in the underlying LDR and LMDR districts are community residential homes and detached dwellings. The proposed CRNCOD would continue to permit those uses; however, minimum lot size requirements have been increased. In Tract A-III, which has an underlying zoning of LDR, the minimum lot area is being increased from 20,000 square feet in area to 30,000 square feet for detached dwellings. With regard to community residential homes with 6 or fewer residents, the minimum lot size is being increased from 10,000 square feet in area to 30,000 square feet. No changes are proposed in the setback requirements. The minimum off-street parking requirement of the underlying LDR District is two spaces per unit; however, the location of such spaces is not specified. The proposed CRNCOD requires two parking spaces as well, however, such spaces must be located in an attached garage. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 2 • The proposed CRNCOD increases minimum lot sizes and Iot widths requirements for properties located in Tracts . A-I and A-II, which have an underlying zoning designation of LMDR. This underlying zoning district requires a minimum lot size of 5,000 square feet for community residential homes and detached dwellings. The proposed CRNCOD increases the requirement to 9,000 square feet, which is consistent with the Coachman Ridge deed restrictions. Minimum lot width requirements are also increased from fifty (50) feet to eighty (80) feet to reflect current site conditions. As in the LDR District, the minimum off-street parking requirement of the underlying LMDR District is two spaces per unit and the location of such spaces is not specified. The proposed CRNCOD requires atwo-car attached garage. The proposed CRNCOD also imposes different setback requirements than the underlying LMDR setback requirements. Below is a comparison of setback requirements. Setback Underlying LMDR Re uirements Proposed CRNCOD Re uirements Front 25 feet 25 feet Side 5 feet 7 feet Rear 15 feet 10 feet These proposed minimum lot area, setback and off-street parking requirements for Tracts A-I and A-II are consistent with the neighborhood's deed restrictions. The underlying LDR district provisions allow detached dwellings, residential infill projects and utility/infrastructure facilities as flexible standard development. The underlying LMDR district allows attached dwellings, detached dwellings, residential infill projects and utility/infrastructure facilities as flexible standard uses. The proposed CRNCOD would only permit residential infill projects and utility/infrastructure facilities as flexible standard development. Detached dwellings and community residential homes are the only uses that could be submitted as a residential infill project. This provision makes it possible for property owners to apply for deviations to setbacks and lot area and width requirements in the event they could not comply with the minimum standard requirements. It should be noted however, that the residential infill flexibility criteria is much more difficult to meet than the criteria established for deviations to detached dwellings in the underlying zoning districts. Utility/infrastructure facilities are also permitted as flexible standard development provided three criteria could be met. Utility/infrastructure facilities are the only permitted flexible development use allowed in the proposed CRNCOD. In the underlying LDR district, permitted flexible development uses include attached dwellings, overnight accommodations, parks and recreation facilities, residential infill projects and schools. In the underlying LMDR district, permitted flexible development uses include attached Staff Report for TA 01-06-02 CDB Meeting 07-17-01 3 • dwellings, detached dwellings, non-residential off-street parking, parks and recreation facilities, residential infill projects and schools. The proposed CRNCOD imposes six criteria that must be met in order for utility/infrastructure facilities to be allowed to deviate from the dimensional requirements established in the flexible standard provisions. The proposed CRNCOD use and dimensional requirements are intended to better protect Coachman Ridge's character than the existing underlying zoning requirements. Increased minimum lot area requirements in all three tracts ensure that lots cannot be subdivided into lots substantially smaller than existing lots in the neighborhood. Setbacks for Tracts A-I and A-II are consistent with setbacks required by the existing deed restrictions when the properties were developed. Furthermore, the requirement of a two-car attached garage will maintain an established characteristic of the Coachman Ridge neighborhood, which was established by the neighborhood's deed restrictions. The proposed use and dimensional requirements of the CRNCOD implement the following goals and objectives set forth in the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.7 Building additions, alterations and new structure should be sensitive to the existing established scale, design and architectural character of the neighborhood. Objective 2.8 Encourage compliance with deed restrictions. Goal 5 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. 3. Driveway Materials (Page 7 of the proposed ordinance.) The proposed CRNCOD district prohibits the use of certain materials for driveway construction such as asphalt, gravel, shell, etc. The existing provisions of the Community Development Code are silent with regard to driveway materials; however, parking spaces must be of a durable hard surfaced material. This proposed requirement fills a gap currently existing in the Community Development Code and limits the use of certain materials for driveways. The existing concrete and paver driveways currently found throughout the neighborhood are an important neighborhood characteristic that residents want to maintain. Coachman Ridge residents are concerned about the aesthetic impact different types of driveway materials will have on neighborhood appearance and Staff Report for TA 01-06-02 CDB Meeting 07-17-01 4 • value; therefore they want to limit permissible materials in accordance with established neighborhood standards. It should also be noted that subdivision deed restrictions require concrete driveways. This proposed requirement of the CRNCOD furthers the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Goa110 To improve neighborhood aesthetics in order to ensure an attractive neighborhood appearance. 4. Parking on Landscaped Areas (Page 7 of the proposed ordinance.) The proposed CRNCOD prohibits vehicles, boats, trailers, etc. from being parked on any landscaped area. Code Section 3-1407(A)(4) allows one designated parking space on the grass in a required front setback adjacent to the driveway located on the property. This proposed requirement of the CRNCOD would not permit such a space in the Coachman Ridge neighborhood. The protection of the existing neighborhood character is the central concern of Coachman Ridge residents. The possibility of vehicles parking on landscaped areas would detract from this neighborhood, which has well maintained and attractively landscaped properties. Furthermore, the neighborhood's deed restrictions do not allow vehicles to be parked on the lawn. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 • Objective 2. 9 Prohibit the parking of boats, recreational vehicles, trailers, trucks, or other commercial vehicles, other than those present on business, unless stored inside garages and concealed from public view. Goa15 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. Objective 8.5 Maintain the aesthetics of property and landscaping by prohibiting vehicles from parking on landscaped areas throughout the entire neighborhood. 5. Parking of Certain Types of Vehicles (Page 7 of the proposed ordinance.) The proposed overlay district requires that the following vehicles be parked in a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles. Existing Code Section 3-1407(A)(2) allows boats twenty (20) feet and smaller in length and commercial vehicles less than twenty feet in length to be parked in a required front yard. This section also permits recreation vehicles, travel trailer, motor homes and camping trailers, race cars, dune buggies, farm equipment, go karts, ATVs and other similar vehicles to be parked on residential property provided they are not located in the required front setback area. This proposed regulation of the CRNCOD would not allow various types of vehicles to be parked in any yard area. Coachman Ridge residents want to maintain the current appearance, value and character of the neighborhood. There was significant discussion at several public meetings regarding this issue and whether or not residents should be allowed to park these types of vehicles in the side or rear yards. Residents overwhelmingly rejected this concept and felt that this type of vehicular storage, which is prohibited by Coachman Ridge deed restrictions, should be prohibited in their neighborhood. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2.8 Encourage compliance with deed restrictions. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 6 • Objective 2. 9 Prohibit the parking of boats, recreational vehicles, trailers, trucks, - or other commercial vehicles, other than those present on business, unless pared inside garages and concealed from public view. Goal 5 To preserve and enhance the Coachman Ridge neighborhood to ensure continued increases in property values. Objective 8.5 Maintain the aesthetics of property and landscaping by prohibiting vehicles from parking on landscaped areas throughout the entire neighborhood. 6. Fences (Page 7 of the proposed ordinance.) The proposed CRNCOD prohibits chain link fences throughout the Coachman Ridge neighborhood. It also prohibits fences in the front yard or corner side yard of properties located in Tract A-I and A-II, which has an underlying zoning designation of LMDR. In Tract A-III, the proposed CRNCOD permits non-opaque fences not exceeding three feet in height in the front yard and corner side yard provided the fence design and materials are compatible with the architectural style of the house. With regard to fences located in the side and rear yards, the existing fence requirements in Article 3, Division 8 shall govern. There are only several small fences located in the front yard in the entire neighborhood and they are located in Tract A-III. Residents that participated in the planning process agreed the existing fences in Tract A-III are attractive and compliment the large lots located there. Since there are no fences in the front yards or corner side yards of the remaining 242 properties and the deed restrictions prohibit such fences, it was decided that the remainder of the subdivision should continue to comply with existing deed restrictions. The proposed fence requirements of the CRNCOD implement the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2. 8 Encourage compliance with deed restrictions Goa110 To improve neighborhood aesthetics in order to ensure an attractive neighborhood appearance. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 7 • 7. Screening Requirements (Page 7 of the proposed ordinance.) The last proposed provision of the CRNCOD requires that trash containers, oil tanks, gas tanks, soft water tanks and other similar equipment be located behind the front building line of a house and screened from public view. The proposed requirement allows screening to be accomplished through landscaping or fencing. The proposed screening requirements are consistent with existing deed restrictions and neighborhood participants believe that this provision is necessary to maintain a high level of neighborhood aesthetics. This proposed requirement of the CRNCOD implements the following goals and objectives of the Coachman Ridge Neighborhood Plan. Goa12 To maintain the existing outward and interior character and identity of the Coachman Ridge neighborhood so that it remains a desirable place in which to live. Objective 2.5 Encourage a high standard of property and building maintenance. Objective 2. 8 Encourage compliance with deed restrictions CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below please find 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: • Goa12 -The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. • Policy 2.2.1 - On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. The proposed CRNCOD is an innovative concept that was specifically created to ensure neighborhood preservation. The provisions included in the proposed Staff Report for TA 01-06-02 CDB Meeting 07-17-01 • • CRNCOD require that infill and redevelopment is consistent and compatible with the existing character of the Coachman Ridge neighborhood. 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 create a new division in Article 2, zoning districts. It also creates the development standards for the Coachman Ridge Neighborhood Conservation Overlay District. The proposed amendments are consistent with the following purposes of the Code. • Section 1-103(A) - It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedures for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city; • Section 1-103(B)(2) - It is the purposed of this Community Development Code to create value for its citizens of the City of Clearwater by ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; • Section 1-103(E)(2) -Protect the character and the social and economic stability of all parts of the city through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city; • Section 1-103(E)(3) -Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings; and • Section 1-103(E)(8) -Establish zoning districts of a size, type, location and with standards that reflect the existing and desirable characteristics of a particular area within the city. Staff Report for TA 01-06-02 CDB Meeting 07-17-01 9 • SUMMARY AND RECOMMENDATION: The proposed amendments are consistent with the Comprehensive Plan and the Community Development Code. The amendments will provide the residents of Coachman Ridge with an additional layer of development standards that will protect the character of the neighborhood. The CRNCOD will require development to be consistent with existing development patterns and property maintenance standards to consistent with prevailing neighborhood standards. The Planning Department Staff recommends APPROVAL of Ordinance No. 6825-01 that revises the Community Development Code and establishes the first Neighborhood Conservation Overlay District. Prepared by: Gina L. Clayton ATTACHMENT: Proposed Ordinance No. 6825-01 Adopted Zoning Classification Map Staff Report for TA 01-06-02 CDB Meeting 07-17-01 10 • ORDINANCE NO. 6825-01 • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1601, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and WHEREAS, the Coachman Ridge neighborhood has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation Overlay Districts is hereby created. Ordinance No. 6825 -01 CDB Meeting 07-17-01 • Section 2. Article 2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is. hereby created containing the following provisions. 2-1601 Coachman Ridge Neighborhood Conservation Overlay District A. Intent and Purpose. The Coachman Ridge Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2001 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Coachman Ridge neighborhood The purpose of the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health safety and welfare of the district. 8. Jurisdictional Boundaries. The Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) shall be consistent with the boundaries of Tract A-I Coachman Ridge Subdivision, as recorded in Plat Book 83 pages 62 through 64 of the Public Records of Pinellas County, Florida, Tract A-II Coachman Ridge Subdivision as recorded in Plat Book 85, pages 57 and 58 of the Public Records of Pinellas County, Florida, and Tract A-III, Coachman Ridge Subdivision as recorded in Plat Book 88, page 73 of the Public Records of Pinellas County Florida. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Coachman Ridge Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Density Residential and Low Medium Density Residential Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. D. Minimum standard development. The following uses are Level One permitted uses in the CRNCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 • • Table 2-1602(D). "CRNCOD" Minimum Development Use Min. Lot Min. Lot Min. Setbacks (ft) Max. Min. Off- Area Width ff. Height Street s . ft• j~ Parking Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Communitv 30,000 100 25 15 25 25 30 2 car Residential attached Homes (6 or ag raQe fewer residents dwelling Detached 30,000 100 25 15 25 25 30 Dwellings 2 car attached ara e dwellin Property with underlying zoning of LMDR: Communitv 9,000 80 25 7 10 20 30 2 car Residential attached Homes (6 or ara e fewer der residents dwelling Detached 9,000 80 25 7 10 20 30 2 car Dwellings attached ara e dwellin {1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way. E. Flexible standard development. The following Level One uses are permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 • Table 2-1602(E). "CRNCOD" Flexible Standard Development Use Min. Min. Min. Setbacks (ft.) Max. Min. Off- Lot L_ot Height Street Area Width f~ Parking ft. Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Residential Infill n/a n/a 10- - 0 - - 0 - - 10 - - 20 30 2 car Pro'ect 2 25 15 15 attached garage per dwelling n/a n/a 25 15 25 25 30 n/a Utility/Infrastructure Facilities (3) Property with underlying zoning of LMDR: Residential Infill n/a n/a 10 - - 0 - - 0 - - 10 - -20 30 2 car Pro'ect 2 25 7 10 attached garage per dwelling n/a n/a 25 7 10 20 30 n/a Utility/Infrastructure Facilities (3) (1) A corner side vard is the side vard of a corner lot that abuts a public right-of-way. (2) The development standards for residential infill projects are guidelines and may be varied based on the criteria_specified in Section 2-1601(E)(1)(a). (3) 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. Flexibility criteria: 1. Residential infill. a. Single-family detached dwellings and community residential homes with six 6) or fewer residents are the only permitted uses eligible for residential infill project application; Ordinance No.6825-01 CDB Meeting 07-17-01 • b. The development or redevelopment of the parcel proposed for development is consistent with the Coachman Ridge Neighborhood Plan. c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abuttina properties; r e. The development of the parcel proposed for development as a residential infill project will upgrade the immediate vicinity of the parcel proposed for development: f. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole: g. Flexibility in regard to lot width and required setbacks or other development standards is justified by the benefits to community character and the immediate vicinlity of the parcel proposed for development and the City of Clearwater as a whole. 2. Utility~nfrastructure facilities. a. The proposed utility/infrastructure facility is needed to maintain current levels of service or enhance levels of service. b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Coachman Ridge neighborhood. c. No above ground structures shall be located in a required front yard or corner side yard setback. F. Flexible development. The followina Level Two use is permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 i Table 2-1602(F). "CRNCOD" Flexible Development Use Min. Min. Lot Min. Setbacks (ft.) Max. Min. Off- Lof Width Height Street Area ~ ~ Pa king ft. Front Side Rear Corner Side Yard 7 Property with underlvinq zoning of LDR: Utility/Infrastructure n/a n/a 10 - - 0_- 0=- 10 - - 25 n/a n/a Facilities (2) 25 15 25 Property with underlvinq zoning of LMDR: Utility/Infrastructure n/a n/a 10 - - 0_- 0=- 10 - -20 n/a n/a Facilities (2) 25 7 10 (1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way. (2) Utility/infrastructure 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 maa amendment to transportation/utility which shall include such uses and all contiguous like uses. Flexibility Criteria. 1. Infrastructure/utility facilities. a. The proposed infrastructure/utility facility is needed to maintain current levels of service or enhance levels of service; b. The siting and screening of the proposed infrastructure/utility facility protects the established character of the Coachman Ridge neighborhood• c. No above ground structures shall be located in a required front yard setback; d. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the setback requirements; e. Flexibility with regard to setbacks are justified by the benefits to the neighborhood character and the immediate vicinity of the parcel proposed for development; Ordinance No.6825-01 CDB Meeting 07-17-01 • f. The proposed use is compatible and consistent with the character of the adjacent properties and the Coachman Ridge neighborhood as a whole. G. Driveway Materials. Driveways constructed of asphalt, gravel shell and other similar materials shall be prohibited. H. Parking on Landscaped Areas. The parking of any type of vehicle, trailer boat recreational vehicle, or any other similar vehicle shall be prohibited on rass or any other landscaped area. Parking of Certain Types of Vehicles. The following vehicles shall only be kept on property if parked inside a garage and concealed from public view: boats personal watercrafts, recreational vehicles, trailers, commercial vehicles race cars, dune buggies, farm equipment, qo karts. ATVs or other similar vehicles This provision shall not prevent commercial vehicles. This provision shall not prevent the loading, unloading and cleaning of such vehicles as permitted in Section 3-1407(8). J. Fences. 1. Chain Link Fences. Chain link and vinyl coated chain link fences shall be prohibited throughout the CRNCOD. 2. Fences Located in the Front Yard. a. Property with an Underlvinq Zoning Designation of Low Density Residential. Non-opaque fences not exceeding three feet in height may be permitted between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line provided that fence materials and design are compatible with the architectural design of the dwelling. b. Property with an Underlvinq Zoning Designation of Low Medium Density Residential. Fences shall be prohibited between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line. 3. Fences Located in the Side and Rear Yards. Fences located in the side and rear yards shall be in compliance with the fences requirements as set forth in Article 3. Division 8. K. Screening Requirements. Trash containers, oil tanks, gas tanks soft water tanks and other similar equipment shall be located behind the front building line and screened from public view. Screening may be accomplished through landscaping and/or fencing, Ordinance No.6825-01 CDB Meeting 07-17-01 • • Section 2. This ordinance shall take effect on September 17, 2001. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 8 Ordinance No.6825-01 CDB Meeting 07-17-01 1 :.a~.. 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'e 95 tae, 2 :. .. , 2t,Dd. :. . COACHMAN RIDGE PARK ,~ 9 ~• 'y"t97 t°'~p P '° 97 96 .p °~~ ' . .....: ~ ~ tvoz .Y ~ O~ ~ ~ 196 0 195 Or ~ '~ 96 4 . ~ 3 tme-twt 2t/03 tag ~ ~ + :gam ', 9 ~, ~ ~ .x t,8 ,90 ,ono ~ COAGN-~AN LNG A a ~ ',. 7 i R 'M Qtws»4 191 192 793 196 ~ 11~~ ~~.R i 1 x. 4 ~ ~ ~2 ~ ~n~ r 89 5 _ i® 6 . . _ 23/04 i ________________ ____ _.. , ~ / 13/01 16 ~~ _ 15 ~~12 . 9 A ~ 7 Y3 24/02 ~\ z4/o21 9 - c !ect~cxi i~ FS'fATS3 ~` ~ •. - _ woJ-+:rJ - OJ ADOPTED ZONING CLASSIFICATION Coachman Ridge Neighborhood CASE Z o,-os-o2 PAGES 263A, 2638, 272A, 2728 Conservation Overlay District (C R N C O D) PROPERTY SIZE (ACRES): ~ S9± C~ ACTION AGENDA COMMUNITY DEViELOPMENT BOARD MEETING CITY OF CLEARWATER July 17, 2001 ITEM A -APPROVAL OF MINUTES OF PREVIOUS MEETING: June 19, 2001 ACTION: APPROVED - 7:0. ITEM B -REQUESTS FOR CONTINUANCES/RECONSIDERATION -None. ITEM C -RECONSIDERED ITEMS -None. ITEM D -LEVEL 3 APPLICATIONS CONSENT AGENDA Consent Agenda items require no formal public hearing and are subject to approval by a single motion. Any Community Development Board Member or City staff may remove an item from the Consent Agenda for individual discussion and vote. Item #D 1 - 2855 Gulf-to-Bay Boulevard: Morton Plant Mease Life Services, Inc. - Owner/Applicant. Request rezoning of 2.71 acres approximately 650 feet south of Gulf-to-Bay Boulevard, and 500 feet east of Sky Harbor Drive, from MDR, Medium Density Residential District, to MHDR, Medium High Density Residential District, consisting of a portion of Section 17, Township 29 South, Range 16 East (Bayside Nursing Pavilion). Z 01-05-01 AND Item #D2- 2780 Drew Street: City of Clearwater, c/o Art Kader, Assistant Director of Parks and Recreation -Owner/Applicant. Request: 1) Land use plan amendment from RM, Residential Medium Classification to R/OS, Recreation/Open Space Classification, and 2) rezoning from MDR, Medium Density Residential District to O/SR, Open Space/Recreation District, consisting of a portion of Section 8, Township 29 South, Range 16 East, M&B 34.04. LUZ 01-04-05 AND Item #E3 - 1698 Gulf-to-Bay Boulevard: Gulf Florida Doughnuts, Inc. c/o Robert McCoy - Owner/Applicant. Request Flexible Development approval to reduce the required number of parking spaces from 15 spaces per 1,000 square feet of gross floor area (GFA), (68 spaces) to 1 1 spaces per 1,000 square feet of gross floor area (GFA), (50 spaces) and reduce the front setback from 25 feet to one foot, as part of a Comprehensive Infill Redevelopment Project with Comprehensive Landscape Program and Comprehensive Sign Program, Sec. 14-29-15, M&B 13.05. Applicable conditions: 1) If a different restaurant is proposed, the parking needs shall be reevaluated and may require approval by the Community Development Board; 2) the concrete slab with the acd0701 1 07/17/01 bicycle rack be relocated adjacent building and screened with landscape material; and 3) signage be limited to one 32 square-foot freestanding sign, two attached signs of 26.52 square-foot on Duncan, and 32 square foot on Gulf-to-Bay, and two eight square-foot window signs as submitted as part of the Comprehensive Sign Program application. FL 01-05-21 ACTION: APPROVED CONSENT AGENDA ITEMS D1, D2, AND E3 AS SUBMITTED - 7:0. Item #D3 -Coachman Ridge Neighborhood Plan• Coachman Ridge Neighborhood and City of Clearwater -Owner/Applicant. Request approval of Coachman Ridge Neighborhood Plan pursuant to Neighborhood Conservation Overlay District provisions, for property in the northeast quadrant of State Road 590 and Old Coachman Road, west of the Florida Power right-of-way and south of Campbell Road. AND Item #D4 -Coachman Ridge Neighborhood Plan: Coachman Ridge Neighborhood and City of Clearwater -Owner/Applicant. Request rezoning and applying the Coachman Ridge Neighborhood Conservation District as an overlay District in addition to the Existing Low Density Residential and Low Medium Density Residential Zoning districts, for property at the northeast quadrant of State Road 590 and Old Coachman Road, west of the Florida Power right-of-way and south of Campbell Road. Z 01-06-02 AND muni regarding`the provisions-of-the-Coachman Ridge Neighborhood Conservation Overlay District.~TA 01-06-02 ~ `ACTION` _ RECOMMENDED APPROVAL OF ITEMS D3,=D4, AND D5, WITH" CONDITION THE PLAN BE SUBJECT TO A FINAL VOTE OF THE 1 ----- NEIGHBORHOOD -7:0. '~ _~~ ~--~- ----- -- __~_-, ~_._ ~..___ _. ITEM E -LEVEL 2 APPLICATIONS Item #E1 - 1100 South Missouri Avenue: The Clearwater Group Ltd - Owner/Applicant. Request an amendment to a previously approved Certified Site Plan (Sunshine Mall) that authorizes a change of use for undeveloped parcels (from commercial to multi-family) totaling 156 units and 15,602 square feet of existing commercial use, and an additional access point on Missouri Avenue for Parcel 1 (restaurant), for 3.6 acres on the southwest corner of Druid Road and south Missouri Avenue and 3.55 acres on the west side of south Missouri Avenue, approximately 1,150 feet south of Druid Road, Sec. 15-29-15, M&B 34.01 & 34.011 and Sec. 22-29- 15, M&B's 21.1 1, 21 .12 & 21 .13; Zoning: C, Commercial District. Applicable conditions: 1) Any further additions or changes to the site plan (not included with this request) be reviewed by the CDB; 2) the final design of the buildings be consistent with the conceptual elevations submitted or as modified by the CDB; 3) the density of the c acd0701 2 07/17/01 ~ ~ site be limited to 156 dwellings units and 15,602 square feet of non-residential uses; and 4) all signage comply with Code. FL 01-01-05 ACTION: APPROVED - 6:1. Item #E2 - 13 Cambria Street: Linda and Angel Delgado -Owner/Applicants. Request a flexible development approval to reduce the minimum lot width from 150 to 50 feet, reduce the side (east) setback from 10 to 5 feet and to permit a parking lot design other than what is required by Code, as part of a Residential Infill Project, for 0.09 acres on the south side of Cambria Street, approximately 100 feet west of Mandalay Boulevard; Zoning: MHDR, Medium High Density Residential District, Clearwater Beach Rev, Blk 3, Lot 4. Applicable conditions: 1) Any future redevelopment initiatives include a parking design that complies with Code or is approved by the Community Development Board; 2) the final building design is generally consistent with the elevations submitted to staff April 24, 2001, or as modified by the Community Development Board; and 3) some type of railing system that gives the illusion of a balcony be added to the second floor of the north side of the building. FL 01-05-18 ACTION: APPROVED - 7:0. Item #E3 - 1698 Gulf-to-Bay Boulevard -See Page 1. Item #E4 - 1521 E. Druid Road: Salvation Army -Owner/Applicant. Request_Flexible Development approval to permit social/public service use for 6.92 acres on the southeast corner of Druid Road and Highland Avenue, adjacent to residentially-zoned property, a residential shelter and a medical clinic in the Institutional District, as part of a Comprehensive Infill Redevelopment Project, Sec. 14-29-15, M&B 34.01 and. Druid Groves Sub, Blk A, Lots 1-12. Zoning: I, Institutional District and LMDR, Low Medium Density Residential District. Applicable conditions: 1) All dead or dying landscape material be replaced by October 1, 2001, or prior to issuance of Certificate of Occupancy, whichever occurs first; 2) all Brazilian pepper trees and hazardous trees be removed, through City permits; 3) all signage comply with Code; 4) all handicapped parking spaces be upgraded to meet City standards and that a sidewalk be provided along Highland Avenue, prior to issuance of Certificate of Occupancy; and 5) no expansion of the parking lot within the LMDR District portion of the site be permitted without additional review and approval by the Community Development Board. FL 01- n~_~ a ACTION: APPROVED - 7:0. ITEM F - DIRECTOR'S I TEMS ACTION: MEETING SCHEDULED -September 14, 2001, at 12:30 p.m., at the Municipal Services Building, Planning Department Conference Room re: CDB procedures and standards and criteria used in making recommendations/decisions. ITEM G -ADJOURNMENT - 6:35 p.m. acd0701 3 07/17/01 { 4 ORDINANCE NO. 6825-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING DIVISION 16, NEIGHBORHOOD CONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1601, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Coachman Ridge neighborhood has developed a Coachman Ridge Neighborhood Plan pursuant to Community Development Code Section 4-608 which supports additional code requirements to implement the Plan; and WHEREAS, the City of Clearwater has approved the Coachman Ridge Neighborhood Plan in Resolution No. 01-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Coachman Ridge neighborhood to implement such plan; and WHEREAS, the Coachman Ridge neighborhood has committed to be a partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violation of the requirements of the overlay district pursuant to Community Development Code Section 4-608(E); and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this amendment is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16 Neighborhood Conservation Overlay Districts is hereby created. Ordinance No. 6825 -01 CDB Meeting 07-17-01 ~ ~ Section 2. Article 2, Zoning Districts, Division 16, Section 2-1601 Coachman Ridge Neighborhood Conservation Overlay District is hereby created containing the following provisions. 2-1601 Coachman Ridge Neighborhood Conservation Overlay District A. Intent and Purpose. The Coachman Ridge Neighborhood Plan was developed in response to neighborhood needs and approved by the City Commission on September 6, 2001 to provide guidance and policy direction for all public and private actions within and in the vicinity of the Coachman Ridge neighborhood. The purpose of the Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) is to provide overlay requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing established character within the district and to protect the health, safety and welfare of the district. B. Jurisdictional Boundaries. The Coachman Ridge Neighborhood Conservation Overlay District (CRNCOD) shalt be consistent with the boundaries of Tract A-I, Coachman Ridge Subdivision, as recorded in Ptat Book 83, pages 62 through 64 of the Public Records of Pinellas County, Florida, Tract A-II, Coachman Ridge Subdivision as recorded in Plat Book 85, pages 57 and 58 of the Public Records of Pinellas County. Florida, and Tract A-III, Coachman Ridge Subdivision, as recorded in Plat Book 88, page 73 of the Public Records of Pinellas County, Florida. C. Relationship to Underlying Districts and Other Provisions of the Community Development Code. The designation of the Coachman Ridge Neighborhood Conservation Overlay District on the zoning atlas provides requirements in addition to those contained in the Low Density Residential and Low Medium Density Residential Districts. The provisions contained herein shall govern in this overlay district only. Issues not specifically addressed in this overlay district shall be governed by the remaining provisions of this Community Development Code. D. Minimum standard development. The following uses are Level One permitted uses in the CRNCOD District subject to the minimum standards set out in this Section and other applicable provisions of Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 7 t Table 2-1602(D). "CRNCOD" Minimum Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Min. Off- Area Width ft. Height Street (Sg. ft.) f~ Parking Front Side Rear Corner Side Yard 1 Property with underlying zoning of LDR: Community 30,000 100 25 15 25 25 30 2 car Residential attached Homes (6 or ag rage fewer 1'er residents dwelling Detached 30.000 100 25 15 25 25 30 Dwellings 2 car attached ag rage dwellin Property with underlying zoning of LMDR: Community 9,000 80 25 7 10 20 30 2 car Residential attached Homes (6 or ag rage fewer residents dwelling Detached 9.000 80 25 7 10 20 30 2 car Dwellings attached ara e dwellin ~1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way. E. Flexible standard development. The following Level One uses are permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 i ~ Table 2-1602(E). "CRNCOD" Flexible Standard Development Use Min. Min. Min. Setbacks (ft.) Max. Min. Off- Lot Lot Height Street Area Width fft.1 Parking ft. Front Side Rear Corner Side Yard 1 Property with underlvinq zoning of LDR: Residential Infill n/a n/a 10- - 0=- 0=- 10 - - 20 30 2 car Pro'ect 2 25 15 15 attached garage per dwelling n/a n/a 25 15 25 25 30 n/a Utility/Infrastructure Facilities (3) Property with underlvinq zoning of LMDR: Residential Infill n/a n/a 10 - - 0=- 0=- 10 - -20 30 2 car Pro'ect 2 25 7 10 attached garage per dwelling n/a n/a 25 7 10 20 30 n/a Utility/Infrastructure Facilities (3) {1) A corner side yard is the side yard of a corner lot that abuts a public right-ot-way. f2) The development standards for residential infill protects are guidelines and may be varied based on the criteria specified in Section 2-1601(E)(1)(a). (3) 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. Flexibility criteria: 1. Residential infill. a. Single-family detached dwellings. and community residential homes with six L) or fewer residents are the only permitted uses eligible for residential infill project application; Ordinance No.6825-01 CDB Meeting 07-17-01 J ~ r b. The development or redevelopment of the parcel proposed for development is consistent with the Coachman Ridge Neighborhood Plan. c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards; d. The development of a parcel proposed for development as a residential infill project will not materially reduce the fair market value of abutting properties; e. The development of the parcel proposed for development as a residential infill project will upgrade fhe immediate vicinity of the parcel proposed for development; f. The design of the proposed residential infill project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; g. Flexibility in regard to lot width and required setbacks or other development standards is justified by the benefits to community character and the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whale. 2. Utility/infrastructure facilities. a. The proposed utility/infrastructure facility is needed to maintain current levels of service or enhance levels of service. b. The siting and screening of the proposed utility/infrastructure facility protects the established character of the Coachman Ridge neighborhood. c. No above ground structures shall be located in a required front yard or corner side yard setback. F. Flexible development. The following Level Two use is permitted in the CRNCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Ordinance No.6825-01 CDB Meeting 07-17-01 • Table 2-1602(F). J'CRNCOD" Flexible Development Use Min. Min. Lot Min. Setbacks (ft.) Max. Min. Off- Lot Width Height Street Area ~ ~ Parking Lt ft. Front Side Rear Corner Side Yard 7 Property with underlying zoning of LDR: Utility/Infrastructure n/a n/a 10 - - 0=- 0- 10 - - 25 n/a n/a Facilities (2) 25 15 25 Property with underlying zoning of LMDR: Utility/Infrastructure n/a n/a 10 - - 0 - - 0 - - 10 - -20 n/a n/a Facilities (2) 25 7 10 (1) A corner side yard is the side yard of a corner lot that abuts a public right-of-way, (2) Utility/infrastructure facilities shall not exceed three acres. Anv 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. Flexibility Criteria. 1. Infrastructure/utility facilities. a. The proposed infrastructure/utility facility is needed to maintain current levels of service or enhance levels of service: b. The siting and screening of the proposed infrastructure/utility facility protects the established character of the Coachman Ridge. neighborhood; c. No above ground structures shall be located in a required front yard setback; d. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the setback requirements; e. Flexibility with regard to setbacks are justified by the benefits to the neighborhood character and the immediate vicinity of the parcel proposed for development; ~ , Ordinance No.6825-01 CDB Meeting 07-17-01 i • f. The proposed use is compatible and consistent with the character of the adjacent properties and the Coachman Ridge neighborhood as a whole. G. Driveway Materials. Driveways constructed of asphalt, gravel, shell and other similar materials shall be prohibited. H. Parking on Landscaped Areas. The parking of any type of vehicle, trailer, boat, recreational vehicle, or any other similar vehicle shall be prohibited on grass or any other landscaped area. Parking of Certain Types of Vehicles. The following vehicles shall only be kept on property if parked inside a garage and concealed from public view: boats, personal watercrafts, recreational vehicles, trailers, commercial vehicles, race cars, dune buggies, farm equipment, go karts, ATVs or other similar vehicles. J. Fences. 1. Chain Link Fences. Chain link and vinyl coated chain link fences shall be prohibited throughout the CRNCOD. 2. Fences Located in the Front Yard. a. Property with an Underlying Zoning Designation of Low Density Residential. Non-opaque fences not exceeding three feet in height may be permitted between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line provided that fence materials and design are compatible with the architectural design of the dwelling. b. Property with an Underlying Zoning Designation of Low Density Residential. Fences shall be prohibited between the front building line and the front property line and between the side building line and any property line adjacent to a street right-of-way line. 3. Fences Located in the Side and Rear Yards. Fences located in the side and rear yards shall be in compliance with the fences reauirements as set forth in Article 3, Division 8. K. Screening Requirements. Trash containers, oil tanks, pas tanks, soft water tanks and other similar equipment shall be located behind the front building line and screened from public view. Screening may be accomplished through landscaping and/or fencing_ Ordinance No.6825-01 CDB Meeting 07-17-01 Section 2. This ordinance shall take effect on September 17, 2001. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. 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ESTATES ;~ 1 ,~ }'L _- '` ' ' ~- .. • ~ ~ • + > .~ _ ,~ +-~~ ADOPTED ZONING CLASSIFICATION Coachman Ridge Neighborhood Conservation Overlay District (CRNC~D) CASE Z 01-06-02 PAGES 263A, 263B, 272A, 2726 PROPERTY SIZE (ACRES): ~ S9± ~~ ~"~ O I -b (0-02 NOTICE OF TEXT:~'"GIENDMENT, REZONING A~ APPROVAL OF COACHMAN RIDGE NEIGHBORHOOD PLAN All public hearings will be held in the City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida. NOTE: All persons wishing to address an item need to be present at the BEGINNING of the meeting. Those cases that are not contested by the applicant, staff. neiQhborin~ property owners, etc. will be placed on a consent agenda and approved by a single .vote at the beginning of the meeting_ The City of Clearwater, Florida, proposes to adopt the following: RESOLUTION NO. 01-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE COACHMAN RIDGE NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. (Heard only on 7/17/01 & 8/16/01) ORDINANCE NO. 6824-O1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY OF CLEARWATER BY REZONING AND APPLYING THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AS' AN OVERLAY DISTRICT IN ADDITION TO THE EXISTING LOW DENSITY RESIDENTIAL AND LOW MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS FOR CERTAIN REAL PROPERTY LOCATED WITHIN THE BOUNDRIES OF TRACT A-I, COACHMAN RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 83, PAGES 62 THROUGH 64 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TRACT A-II, COACHMAN RIDGE SUBDIVISION AS RECORDED IN PLAT BOOK 85, PAGES 57 AND 58 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TRACT A-III, COACHMAN RIDGE SUBDIVISION, AS RECORDED IN PLAT BOOK 88, PAGE 73 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. INANGEa:NO 6825-01 AN O.._ Z,~IA~IG]~OF' THE CITY OF CLEARWATER, FLORIDA, ENDING THE COMMUNITY DEVELQP_MfiNT .CODE; `AMENDING ARTICLE 2, ZONING DISTRICTS, BY Rte` TING DIVISION 16, NEIGHBORHOOD ONSERVATION OVERLAY DISTRICTS; BY CREATING SECTION 2-1602, COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT WHICH ESTABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE COACHMAN RIDGE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Tuesday, July 17, 2001 before the Community Development Board, at 2:00 p.m. Thursday, Aggust 16, 2001 before the City Commission:(lst°Reading), at 6:00 p:m. , Thursday, September 6, 2001 before the City Commission (2nd Reading), at 6:00 p.m. Additional information is available in the Planning and Development Services Department at the Municipal Services Building, 100 South Myrtle Avenue, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning and Development Services Director or the City Clerk prior to or during the public hearing. YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN PROPERTY WITHIN 500 FT. OF THE SUBJECT PROPERTY. VAILABLE WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 562-4090. City of Clearwater Cynthia E. Goudeau, CMC P.O. Box 4748 City Clerk Clearwater, Fl 33758-4748 Ad: 06/30/01