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TA2005-02001
r- -.__.----~- ....~., . May 13 05 10: 28a City ttorney 7275~4I ~ 21 ' ,,~ ' ~~ 1 A D ~~~ ~ s ,~~ N~Yl3 ~~ ~ ~~ ~, ~ G ORDINANCE NO. 7413-03 pI,ANNiNG & DEVELOPMEN? !, a ~ ~ AN ORDINANCE OF THE CITY OF CLEARWATE' , FLO1~Il~F CLEARWATER • -~' RELATING TO THE COMMUNITY ;EVELOPM~4~B , • " ` AMENDING SECTIONS 2-1038.2., 2-104D.1., 2-203C.2., 2- '~ ~ ~'~ 204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.4., c~ 2-903C.1., 2-1004B.1., 2-1204A.1.,~ 2-1304C.1., 2-1404A.1., 2- p ti U a u`0, 1601 E.1.c., 2-1602E.2.c., AND 2-1602F.2..c., TO PROVIDE THAT THE IMPRACTICALITY CRITERION FOR RESIDENTIAL INFILL " PROJECTS AND COMPREHENSIVE INFILL REDEVELOPMENT ~1 PROJECTS APPLIES WHERE DEVIATIONS ARE SOUGHT TO ~ ONE OR MORE OF THE LISTED REQUIREMENTS; AMENDING ~ ~ SECTION 3-913 TO PROVIDE THAT CERTAIN GENERAL ~. ~. STANDARDS MUST BE MET FOR APPROVAL, RATHER THAN a ~ ~ APPLYING SOLELY TO CONDITIONS OF APPROVAL; AMENDING SECTION 4-404 TO PROVIDE THAT LEVEL TWO r ~ 0. ~ APPROVALS DO NOT CONSTITUTE SPECIAL EXCEPTIONS OR VARIANCES, PROVIDING FOR BURDEN OF PROOF, AND PROVIDING THAT FINDINGS OF FACT SHALL BE REQUIRED; AMENDING SECTION 4-504. REGARDING PROCEDURE FOR APPEALS TO THE COMMUNITY DEVELOP~AENT BOARD, DELETING THE CONSENT AGENDA PROCEDURE AND CLARIFYING THAT EACH AND EVERY CRITERION CONTAINED IN SUBSECTION 4-504C. MUST BE FOUND PRESENT IN ORDER TO GRANT AN APPEAL AND THAT THE SECOND AND THIRD CRITERIA PERTAIN TO THE DECISION OF THE BOARD; AMENDING SECTION 4-505 TO DELETE THE REQUIREMENT THAT THE HEARING OFFICER ESSUE FINDINGS OF FACT AND TO DEFINE THE RECORD AND THE STANDARD OF REVIEW ON APPEAL; AMENDING SECTION 6- 109 TO PROVIDE THAT RECONSTRUCTION OF STRUCTURES NONCONFORMING AS TO DENSITY REQUIRES LEVEL TWO APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to make certain amendments to the City's Community Development Code in order to clarify the City's intent with regard to recent court and hearing officer rulings and relevant case law, and to clarify procedures under said Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2-103B.2., Community Development Code, is hereby amended to read as follows: Ordinance No. 7413-05 Mai 13 05 10: 28a C i t~ttorney 7275021 p. 2 Section 2.-103. Flexible standard development. The following Leve! One uses are permitted in the LDR District subject to the standards and criteria set .out in this section and other applicable regulations in Article 3. Flexibility criteria: ****** B. Residential infill projects. *~,~**** 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tlae intensityL a~ other development standards; ..w***** Section 2. Section 2-104D.1., Community Development Code, is hereby amended to read as follows: Section 2.-104. Flexible development. The following Level Two uses are permitted in the LDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: *«~**** D. Residential infill projects. **~~*** *******~ 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: ##e intensityia~ other development standards; *~***** Section 3. Section Z-203C.2., Community Development Code, is hereby amended to read as follows: Section 2.-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ***,~*** 2 Ordinance No. 7413-05 May 13 05 10: 28a C i t~ttorney 7275021 p. 3 Flexibility criteria: C. Residential infill projects. *~,~*~*~ *~****~* 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: intensity a~ other development standards; *****~* Section 4. Section 2-204E.1., Community Development Code, is hereby amended to read as follows: Section 2.-204. Flexible development. The following Leve! Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: *~***** ******* E. Residential infi[I projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t€~e intensity a-~ other development standards; ***,~*** Section 5. Section 2-304G.1., Community Development Code, is hereby amended to read as follows: Section 2.-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this sectaon and other applicable regulations in Article 3. Flexibility criteria: ******* G. Residential infill projects. ,.*~**** 3 Ordinance No. 7413-d5 May 13 05 10:28a Cit~ttorney 7275021 p.4 1. The development or redevelopment of the parcel proposed far development is otherwise impractical wi#hout deviations from one or more of the following: 1:#e intensityL and other development standards; *****W~ Section 6. Section 2-404F.1., Community Development Code, is hereby amended to read as follows: Section 2.-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria se# out in this section and other applicable regulations in Article 3. ****~** Flexibility criteria: F. Residential infill projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: ~ intensityL a~ other development standards, **~**~~ Section 7. Section 2-504F.1., Community Development Code, is hereby amended to read as follows: ' Section 2.-504. Flexible development. The following Level 8ne Two uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: F. Residential infill projects. ~~~w*~** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e intensityL a~ other development standards; Section 8. Section 2-704C.1., Community Development Code, is hereby amended to read as follows: 4 Ordinance No. 7413-05 May 13 05 10:29a Cit~ttorne~ 7275021 p.5 Section 2.-704. Flexible development. The following Level Two uses are permitted in the "C" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: ,t x t ~ * * ~ C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the followinq: the use; i intensityL aed other development standards; ,~~***** Section 9. Section 2-8030.1., Community Development Code, is hereby amended to read as follows: Section 2.-803. Flexible development. The following Level Two uses are permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ****** Flexibility criteria: **~~*** C. Comprehensive infill redevelopment projects. +irw,r,k**tw 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the followinq: tk~e use; i intensityL aed other development standards; ****~*~ Section 10. Section 2-9030.1., Community Development Code, is hereby amended to read as follows: Section 2.-903. Flexible development. The following uses are Level Two permitted uses in the Downtown District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. **~**,~* ~ Ordinance No. 7413-05 May 13 05 10:29a Cit~ttorney 72754021 p.6 Flexibility criteria: *,~**«** C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: ttae use; ; intensityi a~ other development standards; ,~,r,t**,tr w Section 11. Section 2-10046.1., Community Development Code, is hereby amended to read as follows: Section 2.-1004. Flexible development. The following uses are Level Two permitted uses in the Office "O" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: ******,~ ,t w ,t :t yr is B. Comprehensive infill redevelopment projects. *****~** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e use; ; intensityL a~ other development standards; *~*,~*** Section 12. Section 2-1204A.1., Community Development Code, is hereby amended to read as follows: Section 2.-1204. Flexible development. The following are Leve! Two permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: ******,~ *,~~**~* A. Comprehensive infill redevelopment projects. 6 Ordinance No. 7413-05 May 13 05 10: 29a C i t~ttorney 7275021 p. 7 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e use; i intensity ate other development standards; ***,~~~* Section 13. Section 2-1304C.1., Community Development Code, is hereby amended to read as follows: Section 2.-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IRT" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: *~***~w ******* C. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #1ae use; i intensityL a+~ other development standards; ,~***~** Section 14. Section 2-1404A.1., Community Development Code, is hereby amended to read as follows: Section 2.-1404. Flexible development. The following uses are Level Two permitted use subject to the standards and criteria set out in this Section regulations in Article 3, . Flexibility criteria: ,~****** ******* A. Comprehensive infill redevelopment projects. **~***w s in the OSR District and other applicable 1. The development or redevelopment of the parse! proposed for development is otherwise impractical without deviations from one or more of the following: the use,- i intensityL a~ other development standards; **~*,~** Section 1 b. Section 2-1601 E.1.c., Community Development Code, is hereby amended to read as follows: 7 Ordinance No. 7413-05 May 13 05 10:29a Cit~ttorn~ey 7275021 p.e Section 2.-1601. Coachman Ridge Neighborhood Conservation Overlay District. ***~*** 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. Flexibility criteria: 1. Residential infill. ,~**~~** c. The development or redevelopment o+f the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e intensityy a~ other development standards, *****~* Section 16. Section 2-1602E.2.c., Community Development Code, is hereby amended to read as follows: Section 2.-1602. Island Estates Neighborhood Conservation Overlay District. E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Flexibility criteria: 2. Residential infill. *****#* ******* ****f~** c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tie intensity a~ other development standards; ' *X***,~~ Section 17. Section 2-1602F.2.c., Community Development Code, is hereby amended to read as follows: Section 2.-1602. Island Estates Neighborhood Conservation Overlay District. 8 Ordinance No. 7413-05 May 13 05 10: 29a C i t~ttorney 7275021 p. 9 *,~***** F. Flexible development for areas 'zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Flexibility criteria: ******* 2. Residential infill. *~**,~** c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tk-e intensityz a~ other development standards; ~~w~~** Section 18. Section 3-913, Community Development Code, is hereby amended to read as follows: Section 3-913. General standards for Level One and Level Two approvals seed+fie~}s. A. Level One applications, in order to be approved by the community development coordinators and Level Two applications, in order to be approved bx the community development board n„rc„nn+ +„ .. ~ e„~, n„e „r ., ~ ,,.,01 ,-,.,,, .,.,.,r,,,,~i ~+,.,~1 an „~e +~,..+ ,shat! meet each and every one of the following criteria: 1. The proposed development of the land wilt be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize Traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development- minimizes adverse effects, including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 9 Ordinance No. 7413-05 May 13 05 10:30a Cit~ttorney 7275021 p. 10 ***~*~x Section 19. Section 4-404, Community Development Code, is hereby amended to read as follows: Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shat! review the application, the recommendation of the community development coordinator, conduct aquasi-judicial public hearing on the application in accordance with the requirements of section 4-206, shall make findings of fact, and may grant the approval, grant the approval subject to specified conditions or deny the application for development approval. Leve! Two approvals shall not be considered or construed as special exceptions or variances The burden of proof in a Level Two case shall be upon the applicant to demonstrate to the community development board that all required criteria for approval are met The review and public hearing shall be held within 33 working days after determination of sufficiency, unless the time frame is extended by mutual consent of the applicant and the city. The community. development board shall render a decision not later than 70 days after the initial hearing unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall attach such conditions to the approval which are necessary to ensure compliance with the applicable general and specific flexibility requirements and standards set out in Articles 2 and 3 ' Section 20. Section 4-504, Community Development Code, is hereby amended to read as follows:. Section 4-504. Community development board appeals. A. won receipt of the recommendation of the community development coordinator regarding appeals from decision set out in Section 4-501(A), the corrBmunity development board shall review the application, the recommendation of the community development coordinator, conduct a quasi judicial public hearing on the application in accordance with the requirements of Section 4-206 and render a decision in accordance with the provisions of Section 4-206(D)(5) granting the appeal, granting the appeal subject to specified conditionsi or denying the appeal. The hearing before the community development board shall be scheduled at the first available meeting of the board sufficient to provide. notice under Section 4-206, and may be continued at that meeting to the next regularly scheduled meeting of the board so that the board may receive more information, clarification, or research. The community development board shall render a decision at the meeting but not later than 70 days from the 10 Ordinance No. 7413-05 May 13 05 10:30a Cit~Flttorn~ey ?2754021 p.ll receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the board's decision until a subsequent meeting. y, , tad-sla,a~ll--phase i;h -+„en.J ..f 4hr~ .,ova nl-ior~~~l i i ~- 6. In order to grant an appeal, overturning or modifying the decision appealed from, the community development board shall find that based on substantial competent evidence presented by the applicant or other party that each and every one of the followina criteria are met: 1. The decision appealed from misconstrued or incorrectly interpreted fhe provisions of this development code: and 2. T-I}a#-t The decision of the community development board wilt be in harmony with the general intent and purpose of this development code; and 3. The decision of the community development board ~ w_ili not be detrimental to the public health, safety and general welfare. Section 21. Section 4-505, Community Development ,Code, is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(6), the hearing officer shall, in concert with the city clerk, establish a date and hour and location for hearing to consist solely of: 1. reception of the record before the community development board; and 2. oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application• the agenda packet for the communit~r deveoopmena# board meeting(s)' ail exhibits accepted into evidence before the communi~r development 11 Ordinance No. 7413-05 May 13. 05 10: 30a C i t~ttorrney 7275021 p. 12 board: and the board reporter's audiotape recording of the hearing before the community development board.: Any motion to supplement the record shall be filed with the hearing offacer and served on all other parties to the proceedings within 10 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. B. At the hearing, the record before the community development board shalt be received by the hearing officer. Additionally, oral argument may be presented by the appellant, applicant, city, and any person granted party status by the community development board. C. The burden shall be upon the appellant to show that the decision of the community develaprnent board cannot be sustained by tie substantial competent evidence before the board, or that the decision of the board departs from the essential requirements of law. D. The persons entitled to present oral argument as set forth in subsection B. above may submit proposed final orders to the hearing officer within 20 days of the hearing. The hearing officer shall render a decision within 45 days of the hearing. The decision of the hearing officer shall include ~ conclusions of ldw; and a determination approving, approving with conditions, or denying the requested development application. The decision of the hearing officer shall be final, subject to judicial review by common law certiorari to the circuit court. The filing of a petition for certiorari stays the decision of the hearing officer pending the final determination of the case. Section 22. Section 6-109, Community Development Code, is hereby amended to read as follows: Section 6-109. Termination of status as a nonconformity. ***~*** B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided t_evel Two approval is obtained and such reconstruction complies with all other requirements of this Community Development Code. *****~* Section 23. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING April 21, 2D05 12 Ordinance No. 7413-05 May 13 05 10:31 a Cit~ttorney PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougal 5i es Assistant City Att ey 13 7275021 I ~ I F_~___= +_n~ v,_F,i~ lybard Frank V. Hibbard Mayor Attest: /s/ Cynthia E. Goudeau Cynthia E. Goudeau City Clerk p. 13 Ordinance No. 7413-05 ~~ ... ORDINANCE NO. 7230-04 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE, AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18, SECTION 3-1806, PERMITTED SIGNS REQUIRING DEVELOPMENT REVIEW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 7106-03 was adopted by the City Commission on September 18, 2003, which ordinance amended the Community Development Code; and WHEREAS, a portion of Ordinance No. 7106-03, providing for adopt-a-park signs included inadvertent language; and WHEREAS, the City of Clearwater desires to make the necessary corrections to the Community Development Code; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Development Standards, Division 18, Section 3-1806 (A) (4), is amended as follows: ********** 4. Adopt A-Park signs. One adopt-a-park sign maybe erected in City rights-of--way or on City- owned property provided the sign design conforms with one of the City prescribed designs maintained by the Parks and Recreation Department. Such signs shall not exceed four square feet in area, 18 inches in height, and be located in a landscaped setting. "tee 9pe>s The Community Development Coordinator may approve additional adopt-a- park signs based on the following criteria: overall size of site, number of entrances, frontage, access and visibility of the site, intended and existing traffic circulation. ********** Section 2. This ordinance shall take effect immediately. upon adoption. PASSED ON FIRST READING Ordinance No. 7230-04 .••~, S t PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. ?'.y .l 1r' ORDINANCE NO. 7445-05 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE C©MMUNITY DEVELOPMENT CODE; AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, SECTION 6-109.6, TERMINATION OF STATUS AS"` A NONCONFORMITY; PROVIDING THAT UPON RECONSTRUCTION OF STRUCTURES WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY, SUCH RECONSTRUCTION MUST RETAIN THE CURRENT USE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 6526-00 was adopted by the City Commission on June 15, 2000, which ordinance amended the Community Development Code; and WHEREAS, a portion of Ordinance No. 6526-00, provided for the termination of status as a nonconformity to facilitate redevelopment; and WHEREAS, the City of Clearwater desires to further refine the termination of status provision in the Community Development Code; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. ,Article 6, Nonconformity Provisions, Section 6-109.6, is amended as follows: ********** B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level T~~ ~, .approval is c~btai nccl and that: 1. Ssuch reconstruction complies with all other requirements of this Community Development Code ;and 2. Such reconstruction retains the same current use (including, but not limited to, overnight accommodations to overnight accommodations, attached dwellings to attached dwellings, or other uses asalisted in Chart 2-lOl~ ********** Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ~~~ ~ ~~~ ~v~,~ Ordinance No. 7445-05 ~' PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 2 Frank V. Hibbard Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 7445-05 ORDINANCE NO. 6417-99 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA AMENDING THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, GENERAL PROVISIONS, SECTION 1-106, TRANSITIONAL RULES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, TABLE 2-202, "LMDR" DISTRICT MINIMUM STANDARD DEVELOPMENT BY REVISING THE REAR YEAR SETBACK; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 703, FLEXIBLE STANDARD DEVELOPMENT FOR THE COMMERCIAL DISTRICT BY ADDING FLEXIBILITY CRITERIA FOR OFFICE USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, TABLE 2- 1004, "O" DISTRICT FLEXIBLE DEVELOPMENT STANDARDS BY ADDING COMPREHENSIVE INFILL REDEVELOPMENT PROJECT; AND AMENDING ARTICLE 2, TABLE 2-1104, "MU" DISTRICT FLEXIBLE DEVELOPMENT STANDARDS BY ADDING COMPREHENSIVE INFILL REDEVELOPMENT PROJECT; AND AMENDING ARTICLE 2, TABLE 2-1204, "I" INSTITUTIONAL DISTRICT FLEXIBLE DEVELOPMENT STANDARDS BY ADDING COMPREHENSIVE INFILL REDEVELOPMENT PROJECT; AND AMENDING ARTICLE 2, TABLE 2-1304, "IRT" DISTRICT FLEXIBLE DEVELOPMENTSTANDARDS BY ADDING COMPREHENSIVE INFILL REDEVELOPMENT PROJECT; AND AMENDING ARTICLE 3, SECTION 3-1205 BY REVISING THE REGULATIONS FOR CREDIT FOR REQUIRED LANDSCAPING; AND AMENDING ARTICLE 3, DIVISION 18, SIGNS MAKING SEVERAL REVISIONS ON CORNER LOTS, SETBACKS, ALLOWANCES FOR SIGN FACE SIZE, LOCATION, HEIGHT AND LIGHTING OF SIGNS; AND AMENDING SECTION 4-204, OCCUPANCY PERMIT, REGARDING THE REQUIREMENTS NECESSARY TO RECEIVE AN OCCUPANCY PERMIT; AND AMENDING ARTICLE 6, NONCONFORMITY PROVISIONS, BY ADDING PROVISIONS REGARDING NONCONFORMITIES CREATED AS A RESULT OF EMINENT DOMAIN; AND AMENDING ARTICLE 3, SECTION 3-1503, NUISANCES, TO ESTABLISH TWO ADDITIONAL CONDITIONS DECLARED TO BE PUBLIC NUISANCES; AND AMENDING ARTICLE 3, SECTION 3-1505, PROHIBITED ACCUMULATIONS BY DELETING THE SECTION IN ITS ENTIRETY; AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance No. 6417-99 WHEREAS, the City of Clearwater adopted a new Land Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Land Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City and which utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the review of these development proposals has identified recurring important concerns in the Land Development Code, and WHEREAS, the Land Development Code did not establish provisions for the treatment of properties that are affected by eminent domain and the City has determined it necessary to establish such provisions; and WHEREAS, the City of Clearwater desires for the Land Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 1, General Provisions, Section 1-106, Transitional Rules, is hereby amended by adding a new sub-section I entitled "Properties Affected by Eminent Domain" to read as follows: "I. Properties Affected by Eminent Domain. When an eminent domain project has begun and has achieved a substantial amount of progress as evidenced by the condemning authority's adoption of a resolution and/or the approval of final construction plans with greater than 60% completion and/or other actions that demonstrate substantial progress prior to the adoption of this Code, the condemning authority or property owner may request that the City review the property under this section. If requested by either the condemning authority or property owner, the City will evaluate the property's compliance with the previous Land Development Code and related regulations and this Community Development Code and develop apost-acquisition site plan which applies this Code where physically and financially feasible and adequately improves the public safety issues of the site. The Community Development Coordinator may require mitigation and/or improvements to the site that are related to the specific conditions of the site and implement the purposes of this Code. Based on the above criteria, the Community Development Coordinator shall review and approve a site plan which shall govern the re- development of the site after the acquisition by the condemning agency." Ordinance No. 6417-99 Section 2. Article 2, Zoning Districts, Table 2-202, "LMDR" District Minimum Standard Development is hereby amended by adding a Minimum Rear Yard setback for accessory pools and screen enclosures of 10 feet and revising the drawing depicting Minimum Standard Development in the "LMDR" district by revising the Minimum Rear Yard setback for Detached Dwellings from 15 feet to 10 feet for accessory pools and screen enclosures. Section 3. Article 2, Zoning Districts, Section 2-703, Flexible Standard Development for the Commercial District is hereby amended by adding the following flexibility criteria for Offices and renumbering the subsequent sub- sections as appropriate: "I. Offices: Height: a. The increased height results in an improved site clan landscaping areas in excess of the minimum required or improved design appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not orevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking_or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand generation purposes." Section 4. Article 2, Zoning Districts, Table 2-1004, "O" Office District Flexible Development Standards is hereby amended to add "Comprehensive Infill Redevelopment Project" as a Flexible Use with the following flexibility criteria and renumbering the subsequent sub-sections as appropriate: A. Comprehensive Infill Redevelopment Project: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; Ordinance No. 6417-99 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties; 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed Comprehensive Infill Redevelopment 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; 8. Flexibility in regard to lot width, required setbacks, height and off- street parking are 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; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 5. Article 2, Zoning Districts, Table 2-1104, "MU" Mixed Use District Flexible Development Standards is hereby amended to add "Comprehensive Infill Redevelopment Project" as a Flexible Use with the following flexibility criteria and renumbering the subsequent sub-sections as appropriate: B. Comprehensive Infill Redevelopment Project: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; Ordinance No. 6417-99 The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties; 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed Comprehensive Infill Redevelopment 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; 8. Flexibility in regard to lot width, required setbacks, height and off- street parking are 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; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 6. Article 2, Zoning Districts, Table 2-1204, "I" Institutional District Flexible Development Standards is hereby amended to add "Comprehensive Infill Redevelopment Project" as a Flexible Use with the following flexibility criteria: B. Comprehensive Infill Redevelopment Project: 1. The development or redevelopment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will not materially reduce the fair market value of abutting properties; Ordinance No. 6417-99 3. The uses within the Comprehensive Infill Redevelopment Project are otherwise permitted in the City of Clearwater; 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed Comprehensive Infill Redevelopment 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; 8. Flexibility in regard to lot width, required setbacks, height and off- street parking are 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; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 7. Article 2, Zoning Districts, Table 2-1304, "IRT" District Flexible Development Standards is hereby amended to add "Comprehensive Infill Redevelopment Project" as a Flexible Use with the following flexibility criteria and renumbering the subsequent sub-sections as appropriate: C. Com prehensive Infill Redevelop ment Project: 1. The development or redevelo pment of the parcel proposed for development is otherwise economically impractical without deviations from the use, intensity and development standards; 2. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Protect will not materially reduce the fair market value of abutting properties; 3. The uses within the Comprehensive Infill Redevelopment Proiec_t are otherwise permitted in the City of Clearwater; Ordinance No. 6417-99 4. The uses or mix of uses within the Comprehensive Infill Redevelopment Project are compatible with adjacent land uses; 5. Suitable sites for development or redevelopment of the uses or mix of uses within the Comprehensive Infill Redevelopment Project are not otherwise available in the City of Clearwater; 6. The development of the parcel proposed for development as a Comprehensive Infill Redevelopment Project will upgrade the immediate vicinity of the parcel proposed for development; 7. The design of the proposed Comprehensive Infill Redevelopment 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; 8. Flexibility in regard to lot width, required setbacks, height and off- street parking are 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; 9. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 8. Article 3, Section 3-1205 D.3.e, No Credit for required landscaping, is hereby retitled "Credit for Required Landscaping" and amended to read as follows: e. Ale credit for required landscaping. Any landscaping required to be installed by Section 3-1202 or 3-1203 slaatl-net may be used as credit against tree replacement requirements. Section 9. Article 3, Section 3-1503B, Nuisances, is hereby amended to add two additional conditions declared to constitute public nuisances and to read as follows: Excessive growth or accumulation of weeds. arass. underarowth or other similar plant materials, reaching a height or more than twelve (12) inches, or the accumulation of debris upon property within the City of Clearwater. The lack of maintenance by a property owner of property abutting any dedicated right-of-way in the City in a condition such that weeds or trash are found in and on the right-of-way or such that the weeds or trash extend over the sidewalk, bicycle path, curbline or edge of pavement of an improved right-of-way by more than four inches (4"). Ordinance No. 6417-99 ~. 9. Any other condition or use that constitutes a nuisance to the public, generally, which is continually or repeatedly maintained, the abatement of which would be in the best interest of the health, safety and welfare of the citizens of the City. Section 10. Article 3, Section 3-1505, Prohibited Accumulations, is hereby deleted in its entirety and the section reserved. Section 11. Article 3, Division 18, Signs is hereby amended as follows: Section 3-1806 B.1.a is hereby amended to read as follows: "a. One (1) freestanding sign per parcel proposed for development with no more than two (2) sign faces. A parcel located at a corner may be permitted two (2) signs, one on each street frontage, provided that the maximum area of the sign faces of the two signs shall not exceed the total maximum allowable area." Section 3-1806 B.1.b is hereby amended to read as follows: "b. All freestanding signs shall be setback at least tee-(~9-}five 5 feet from the property lines of the parcel proposed for development." Section 3-1806 B.2.a is hereby amended to read as follows: "a. One (1) attached sign per business establishment. The area of an attached sign face shall not exceed: one (1) square foot per one hundred (100) square feet of building facade facing the street frontage; or twenty -four (24) square feet; whichever is less. However, a minimum of ten (10) square feet per business establishment with a principal exterior entrance shall be allowed." Section 3-1806 B.2.c is hereby deleted in its entirety and the subsequent sub-section is hereby renumbered as follows: d-c. Business logos or other symbols shall not exceed twenty-five percent (25%) of any attached sign face. Section 3-1807 C. 2., Comprehensive Sign Program, Flexibility Criteria, is hereby amended by revising the maximum height for all signs from twelve (12) feet to fourteen (14) feet as follows: Ordinance No. 6417-99 2. Height. The maximum height of all signs proposed in a Comprehensive Sign Program is fig,°'~ fourteen (14) feet provided however that a single attached sign with a sign face of no more than twelve (12) square feet may be erected up to the height of the principal building. Section 3-1807 C. 3., Comprehensive Sign Program by revising the sub- section to read as follows: "3. Lighting. Any lighting proposed as a part of a Comprehensive Sign Program is automatically controlled so that the lighting is turned off at 12 midnight or when the business is closed, whichever is later." Section 12. Section 4-204.2., Occupancy Permit, is hereby amended to read as follows: 2. No occupancy permit shall be issued unless it has been determined that the building or structure and the site complies with the provisions of the Building Code, this Development Code and all prior approvals upon which the building permit was based. Section 13. Article 6, Nonconformity Provisions, is hereby amended by adding a new Section 6-110 entitled "Nonconformities Created as a Result of Eminent Domain" to read as follows: "Section 6-110. Nonconformities Created as a Result of Eminent Domain. A. In the event that an eminent domain action creates a nonconformina structure. such nonconformina structure ma remain as a legal nonconforming structure provided that all other regulations of this code regarding nonconforming structures are met. This section shall not be applicable to single family detached and attached dwelllings. B. In the event that an eminent domain action renders a site nonconforming with respect to the development standards of this code, the property shall be required to comply with the development standards to the maximum degree physically and financially feasible as determined by the Community Development Coordinator. The Community Development Coordinator may require mitigation and/or improvements to the site that are related to the specific conditions of the site, that adequately improve the public safety issues of the site and which implement the purposes of this code. C. All other nonconformities created as a result of eminent domain shall be governed by the provisions of this article." Ordinance No. 6417-99 Section 14. This ordinance shall take effect immediately upon adoption, except that Section 1 shall take effect as of the effective date of Section 1-106 as specified in Ordinance No. 6348-99. 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 10 Ordinance No. 6417-99 ' CDB Meeting Date: Case Number: Agenda Item: REQUEST: March 15, 2005 TA2005-02001 C-7. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT Amendments to the Community Development Code - Ordinanee No. 7413-OS INITIATED BY: City Attorney's Office BACKGROUND INFORMATION: Since the adoption of the Community Development Code, several appeal cases have been litigated under its provisions. Rulings by the Division of Administrative Hearings and the Pinellas County Circuit Court in these cases have suggested Code amendments in order to effectuate the intent of the Code as adopted by the City Council and interpreted by the City Attorney and the Code Administrator. ANALYSIS: Proposed Amendments: Proposed Ordinance No. 7413-OS includes the following amendments: 1. Amendment to the Zoning District Regulations, Sections 2-103B.2.,, 2-104D.1., 2- 203C.2., 2-204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1., 2-903C.1., 2- 1004B.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2-1601E.1.c., 2-1602E.2.c., and 2- 1602F.2.c. (Pages 1. through 9. of the proposed ordinance): amendments to the review and approval criteria for Residential Infill Projects and Comprehensive .Infill Redevelopment Projects to clarify that the "impracticality" criterion applies where deviation is sought from one or more, as opposed to all, of the listed items. 2. Amendment to Section 3-913: amendment to the General Standards for Level One and Level Two approvals to clarify that applications shall meet each and every one of the six listed criteria. 3. Amendment to Section 4-404: to provide that the Community Development Board • shall make findings of fact, that Level Two approvals shall not be considered or Staff Report -Community Development Board -March ] 5, 2005 - TA2005-02001 ~ • M~~ - s~,M~~4~;ds in m~ a1~ce, ul ~-- - • C • construed as special exceptions or variances, and that the burden of proof in a Level Two case shall be upon the applicant to demonstrate that all required criteria for approval are met. 4. Amendment to Section 4-505 concerning appeals before the Community Development Board: to delete the provision that certain appeals go on the Consent Agenda, and providing for a hearing for all appeals. Also clarifying that in order to grant an appeal, the Board must find that each and every one of the listed criteria are met. 5. Amendment to Section 4-505 regarding Hearing Officer appeals: to define what the record for such appeals shall be, to provide for motions to supplement the record, and to clarify that the burden is on the appellant to show that the Board's decision cannot be sustained by competent substantial evidence. 6. Amendment to Section 6-109 regarding Termination of Status as a Nonconformity: to clarify that reconstruction of structures nonconforming as to density on the same parcel may occur provided Level Two approval is obtained and other requirements are met. 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. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. SUMMARY AND RECOMMENDATION: • The City Attorney's Office recommends APPROVAL of Ordinance No. 7413-OS amending the Community Development Code in the manner described above. ATTACHMENT: Proposed Ordinance No. 7413-OS Staff Report -Community Development Board -March 15, 2005 - TA2005-02001 2 • ORDINANCE NO. 7413-05 ' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE COMMUNITY DEVELOPMENT CODE; AMENDING SECTIONS 2-1038.2., 2-104D.1., 2-203C.2., 2- 204E.1., 2-304G.1., 2-404F.1., 2-504F.1., 2-704C.1., 2-803C.1., 2-903C.1., 2-10046.1., 2-1204A.1., 2-1304C.1., 2-1404A.1., 2- 1601 E.1.c., 2-1602E.2.c., AND 2-1602F.2.c., TO PROVIDE THAT THE IMPRACTICALITY CRITERION FOR RESIDENTIAL INFILL PROJECTS AND COMPREHENSIVE INFILL REDEVELOPMENT PROJECTS APPLIES WHERE DEVIATIONS ARE SOUGHT TO ONE OR MORE OF THE LISTED REQUIREMENTS; AMENDING SECTION 3-913 TO PROVIDE THAT CERTAIN GENERAL STANDARDS MUST BE MET FOR APPROVAL, RATHER THAN APPLYING SOLELY TO CONDITIONS OF APPROVAL; AMENDING SECTION 4-404 TO PROVIDE THAT LEVEL TWO APPROVALS DO NOT CONSTITUTE SPECIAL EXCEPTIONS OR VARIANCES, PROVIDING FOR BURDEN OF PROOF, AND PROVIDING THAT FINDINGS OF FACT SHALL BE REQUIRED; AMENDING SECTION 4-504. REGARDING PROCEDURE FOR APPEALS TO THE COMMUNITY DEVELOPMENT BOARD, DELETING THE CONSENT AGENDA PROCEDURE AND • CLARIFYING THAT EACH .AND EVERY CRITERION CONTAINED IN SUBSECTION 4-504C. MUST BE FOUND PRESENT IN ORDER TO GRANT AN APPEAL AND THAT THE SECOND AND THIRD CRITERIA PERTAIN TO THE DECISION OF THE BOARD; AMENDING SECTION 4-505 TO DELETE THE REQUIREMENT THAT THE HEARING OFFICER ISSUE FINDINGS OF FACT AND TO DEFINE THE RECORD AND THE STANDARD OF REVIEW ON APPEAL; AMENDING SECTION 6- 109 TO PROVIDE THAT RECONSTRUCTION OF STRUCTURES NONCONFORMING AS TO DENSITY REQUIRES LEVEL TWO APPROVAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to make certain amendments to the City's Community Development Code in order to clarify the City's intent with regard to recent court and hearing officer rulings and relevant case law, and to clarify procedures under said Code; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2-1036.2., Community Development Code, is hereby • amended to read as follows: Ordinance No. 7413-05 . Section 2.-103. Flexible standard development. The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: B. Residential infill projects. ******* ******** 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e intensityi a~ other development standards; ******~ Section 2. Section 2-104D.1., Community, Development Code, is hereby amended to read as follows: .Section 2.-104. Flexible deveilopment. The following Level Two uses are permitted in the LDR District subject to • the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: D. Residential infill projects. ******* ******,~ ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e intensity~a~ other development standards; ******* Section 3. Section 2-203C.2., .Community Development Code, is hereby amended to read as follows: Section 2.-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ***~*** 2 Ordinance No. 7413-05 Flexibility criteria: ******* C. Residential infill projects. ******~* 2. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e intensityL aid other development standards; ****,~** Section 4. Section 2-204E.1., Community Development Code, is hereby amended to read as follows: Section 2.-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: ******* • E. Residential infill projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tk~e intensityL a~ other development standards; ******* Section 5. Section 2-304G.1., Community Development Code, is hereby amended to read as follows: Section 2.-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: G. Residential infill projects. ******* ******** • 3 Ordinance No. 7413-05 • 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: ##e ' intensityL a~ other development standards; ****~** Section 6. Section 2-404F.1., Community Development Code, is hereby amended to read as follows: Section 2.-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: F. Residential infill projects. Flexibility criteria: F. Residential infill projects. ****~~* Section 8. Section 2-704C.1., Community Development Code, is hereby • amended to read as follows: ***~*** ******* ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~-e intensityL a~ other development standards; Section 7. Section 2-504F.1., Community Development Code, is hereby amended to read as follows: Section 2.-504. Flexible development. The following Level Bee Two uses are permitted in the HDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ***~*~~ ******* ******* ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e intensityL a~ other development standards; 4 Ordinance No. 7413-05 • Section 2.-704. Flexible development. The following Level Two uses are permitted in the "C" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: ******* C. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: ##e use; i intensity a~ other development standards; **~*~** Section 9. Section 2-803C.1., Community Development Code, is hereby amended to read as follows: Section 2.-803. Flexible development. The following Level Two uses are permitted in the Tourist "T" District • subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: ******~ C. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tie use; i intensity a~ other development standards; ******* Section 10. Section 2-903C.1., Community Development Code, is hereby amended to read as follows: Section 2.-903. Flexible development. The following uses are Level Two permitted uses in the Downtown. District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* 5 Ordinance No. 7413-05 . Flexibility criteria: ******* C. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~ie use; i intensityL ar~d other development standards; ******* Section 11. Section 2-10046.1., Community Development Code, is hereby amended to read as follows: Section 2.-1004. Flexible development. The following uses are Level Two permitted uses in the Office "O" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ******* Flexibility criteria: ******* • B. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e use; i intensity a~ other development standards; ******* Section 12. Section 2-1204A.1., Community Development Code, is hereby amended to read as follows: Section 2.-1204. Flexible development. The following are Level Two permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Flexibility criteria: ******* ******* A. Comprehensive infill redevelopment projects. ******** 6 Ordinance No. 7413-05 • 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e use; i ' intensityL aad other development standards; ******* Section 13. Section 2-1304C.1., Community Development Code, is hereby amended to read as follows: Section 2.-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IRT" District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. ****~** Flexibility criteria: ******* C. Comprehensive infill redevelopment projects. ******** • 1. The development or redevelopment of the .parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e use; i intensityL a~ other development standards; ******* amended to read as follows: Section 14. Section 2-1404A.1., Community Development Code, is hereby Section 2.-1404. Flexible development. The following uses are Level Two permitted use subject to the standards and criteria set out in this Section regulations in Article 3. s in the OSR District and other applicable ******* Flexibility criteria: ******* A. Comprehensive infill redevelopment projects. ******** 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: tie use; ;, intensityL a~ other development standards; ******* Section 15. Section 2-1601 E.1.c., Community Development Code, is hereby amended to read as follows: 7 Ordinance No. 7413-05 • Section 2.-1601. Coachman Ridge Neighborhood Conservation Overlay District. ******* 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. ******* Flexibility criteria: 1. Residential infill. ******* ******~* c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#e intensityL a~ other development standards; ******* Section 16. Section 2-1602E.2.c., Community Development Code, is hereby amended to read as follows: • Section 2.-1602. Island Estates Neighborhood Conservation Overlay District. ******* E. Flexible standard development for areas zoned LMDR/IENCOD. The following Level One uses are permitted in the LMDR/IENOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. ******* Flexibility criteria: 2. Residential infill. ***~*~* ****~*** c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: t#~e intensity a~ other development standards; ***~*** Section 17. Section 2-1602F.2.c., Community Development Code, is hereby amended to read as follows: . Section 2.-1602.Island Estates Neighborhood Conservation Overlay District. 8 Ordinance No. 7413-05 ~ ~ ******* F. Flexible development for areas zoned LMDR/IENCOD. The following Level Two uses are permitted in the LMDR/IENOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. ******* Flexibility criteria: 2. Residential infill. ******* ******** c. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from one or more of the following: #~e intensityL aid other development standards; ****** Section 18. Section 3-913, Community Development Code, is hereby amended to read as follows: • Section 3-913. General standards for Level One and Level Two approvals ee+~ifie~s. A. Level One applications, in order to be approved by the community development coordinator) and Level Two applications, in order to be approved by the community development board ^~~r~.,,~n+ +„ , ~ o.,o~ nnp~-p; a-cc; ~ ~'~"~^ ^^^r^~~a; c"~~~ ~^~~ ~r~-~ ,shall meet each and every one of the following criteria: 1. The proposed development of the land will be in harmony with the scale, bulk, coverage, density, and character of adjacent properties in which it is located. 2. The proposed development will not hinder or discourage the appropriate development and use of adjacent land and buildings or significantly impair the value thereof. 3. The proposed development will not adversely affect the health or safety or persons residing or working in the neighborhood of the proposed use. 4. The proposed development is designed to minimize traffic congestion. 5. The proposed development is consistent with the community character of the immediate vicinity of the parcel proposed for development. 6. The design of the proposed development minimizes adverse effects, • including visual, acoustic and olfactory and hours of operation impacts, on adjacent properties. 9 Ordinance No. 7413-05 ~ • ******* Section 19. Section 4-404, Community Development Code, is hereby amended to read as follows: Section 4-404. Community development board decision. Upon receipt of the recommendation of the community development coordinator, the community development board shall review the application, the recommendation of the community development coordinator, conduct aquasi-judicial public hearing on the application in accordance with the requirements of section 4-206, shall make findings of fact, and may grant the approval, grant the approval subject to specified conditionsl or deny the application for development approval. Level Two approvals shall not be considered or construed as special exceptions or variances. The burden of proof in a Level Two case shall be upon the applicant to demonstrate to the community development board that all required criteria for approval are met. The review and public hearing shall be held within 33 working days after determination of sufficiency, unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall render a decision not later than 70 days after the initial hearing unless the time frame is extended by mutual consent of the applicant and the city. The community development board shall attach such conditions to the approval which are necessary • to ensure compliance with the applicable general and specific flexibility requirements and standards set out in Articles 2 and 3 ' Section 20. Section 4-504, Community Development Code, is hereby amended to read as follows: Section 4-504. Community development board appeals. A Cvno.,~ no .,rwirlc~rl in ~~ ~h~on~inn R of chic moo,.+;,,.,, „ Upon receipt of the recommendation of the community development coordinator regarding appeals from decision set out in Section 4-501(A), the community development board shall review the application, the recommendation of the community development coordinator, conduct aquasi-judicial public hearing on the application in accordance with the requirements of Section 4-206 and render a decision in accordance with the provisions of Section 4-206(D)(5) granting the appeal, granting the appeal subject to specified conditionsl or denying the appeal. The hearing before the community development board shall be scheduled at the first available meeting of the board sufficient to provide notice under Section 4-206, and may be continued at that meeting to the next regularly scheduled meeting of the board so that the board may receive more information, . clarification, or research. The community development board shall render a decision at the meeting but not later than 70 days from the 10 Ordinance No. 7413-05 • receipt of the notice of appeal, unless the parties by mutual consent extend the time frame for the board's decision until a subsequent meeting. h.~~r~ ch•~+l~n~~`L~pnonl nn +hn nnnc ~~h~~~~+ c~nhnrl~ ~Inrl rmm~vni-1 frnm +ho nnnonn+ nnnnr•n nnhi h~i .~ yin+n of .~+ Innc~+ fns ~r mnmhorc of +hn /+nmm~~nifii rl n~i nmon+ hn.~rrl If +hn noel io n~~~~~e,~hn n~rn~,+~ ri P~~77'r'rc.TTt7vR7'~fTTrr .~a'~~vTr r+rvnnr•~ +hn ~nnieinn of +ho nnmm~ ~ni+v rlovolnnmon+ nnnrrlin~+nr is nnnfirmnr~ ~~ e nnr+ of +hn /~/l r~c+~~enr•.-. 'h~i n yin+n of +hn ~ninrifii of +ho m£~h~nu__rrj nvti~ti hn•+rr! If +hGVn1TJy~p~s rmm~~~go n `"'''JJ``n''n+ n~onrl~ ~_~mm~ vcc nm~+ hnnrrl ch.~ll ro~Ein~ei +hn~l~c~n~~ h+~rrc~~ n+i rLn.~~c !fin n~~~p rn n+i n n +h n .fin n~~~ h~i en+ +~c ~~ ~ap~`u nrrc~ft7'fl:. B. In order to grant an appeal, overturning or modifying the decision appealed from, the community development board shall find that based on substantial competent evidence presented by the applicant or other • party that each and every one of the following criteria are met: 1. The decision appealed from misconstrued or incorrectly interpreted the provisions of this development code: and 2. T#at~ The decision of the community development board will be in harmony with the general intent and purpose of this development code; and 3. The decision of the community development board ~ will not be detrimental to the public health, safety and general welfare. Section 21. Section 4-505, Community Development Code, is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(6), the hearing officer shall, in concert with the city clerk, establish a date and hour and location for hearing to consist solely of: 1. reception of the record before the community development board; and 2. oral argument. The record before the community development board shall consist of the followina: the Plannina Department file concernina the application: • the agenda packet for the community development board meetingL exhibits accepted into evidence before the community development 11 Ordinance No. 7413-05 • • board; and the board reporter's audiotape recording of the hearing before the community development board. Any motion to supplement the record ' shall be filed with the hearing officer and served on all other parties to the proceedings within 10 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. B. At the hearing, the record before the community development board shall be received by the hearing officer. Additionally, oral argument may be presented by the appellant, applicant, city, and any person granted party status by the community development board. C. The burden shall be upon the appellant to show that the decision of the community development board cannot be sustained by ##e substantial competent evidence before the board, or that the decision of the board departs from the essential requirements of law. D. The persons. entitled to present oral argument as set forth in subsection B. above may submit proposed final orders to the hearing officer within 20 days of the hearing. The hearing officer shall render a decision within 45 days of the hearing. The decision of the hearing officer shall include conclusions of law; and a determination approving, approving with conditions, or denying the requested development application. The decision of the hearing officer shall be final, subject to • judicial review by common law certiorari to the circuit court. The filing of a petition for certiorari stays the decision of the hearing officer pending the final determination of the case. Section 22. Section 6-109, Community Development Code, is hereby amended to read as follows: Section 6-109. Termination of status as a nonconformity. ******* B. A structure which is nonconforming with respect to density may be reconstructed on the same parcel with the same density provided Level Two approval is obtained and such reconstruction complies with all other requirements of this Community Development Code. ******* Section 23. This ordinance shall take effect immediately upon adoption. • PASSED ON FIRST READING 12 Ordinance No. 7413-05 • .~ • PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney • • Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 13 Ordinance No. 7413-05