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TA2006-01001• M~ DRAFT CODE AMENDMENTS II SCHEDULE Date Event/Meeting Comments January 31 draft complete February 13 Agenda item composed for March 21 CBD meeting and sent to Sherry Watkins February 28 To PPC Staff 21 days prior to CDB (prior to first public hearing) March 8 Code Amendments mailed with meeting packets for March 21 CDB March 13 Enter documents to FYI State: CDB will review and report to Council on 4-6-06. March 21 CDB Public Hearing April 6 CC First Reading Apri120 CC Second Reading C1~ i t~ S: (Planning DepartmentlCommunity Development Code12006 Code AmendmentsllST QUARTER 20061 CODE AMENDMENTS li SCHEDULE . doc ~' ~. ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE-, 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION, 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS QF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, ~ COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and Ordinance No. 7605-06 ~i>> G~ alga, - ~ w '. ,~ ~d ~~ au _1- • ~f~ ~ WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000- 50-100 25 15-25 0-10 10-20 5 per 1,000 Bevera a Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(-a-~ coordinator based on the specific use and/or ITE Manual standards Indoor 3,500- 30-100 25-50 15-25 0-10 10-20 3-5/1000 SF Recreation/ 10,000 GFA or 3- Entertainment 5/lane, 1- 2/court or 1/machine Light Assembly 5,000- 50-100 25 15-25 0-10 10-20 4-5 spaces 10,000 er 1,000 GFA Limited Vehicle 5,000- 50-100 25 15-25 0-10 10-20 4-5 spaces Service 10,000 er 1,000 GFA Marina 5,000- 50 25 25 10 20 1 space per 2 Facilities 20,000 sli s Mixed Use 5,000- 50-100 25-50 15-25 0-10 10-20 4-5 spaces 10,000 er 1,000 GFA Nightclubs 5,000- 50-100 25 15--25 0-10 10-20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 ~. Offices 3,500-- 30--100 25-50 15-25 0-10 10-20 3-4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15-25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15-25 10 10-20 1-10 per Recreation/ 1,000 SQ FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000- 100-200 25-50 15-25 0-10 10-20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15-25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500- 35-100 25-50 15-25 0-10 10-20 7-15 spaces 10,000 er 1,000 GFA Retail Sales 3,500- 30-100 25-50 15-25 0-10 10-20 4-5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10--20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000- 50-100 25-50 15-25 0-10 10-20 3-4 spaces Service 10,000 per 1,000 GFA A encie 1 Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-- 50-100 25 15-25 0-10 10-20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Boardin A~la~@SiQRat+AR: ~} Social/public service agencies shall not exceed five acres. ~~~ 3 Ordinance No. 7605-06 ~~ • Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1 . Th~_rle~iol.,n.r,on+ nr rcrle~iol~nmon+ of +ho n~+rnol nrn ~. e.d fr,r ..,v •v.v r...v. ~a v~ ~ vvv.vw r...v~ ~a yr crrv ~ ~ ~ 4-~~~ ~ ~~o~ ~r miv ~f ~ ~co~ within +Me n~mnrohoncive infill .........~ ... ~ ~ .... v r a.+vv Fj` The rlec+ir7n ~,f +~e nrr,n~cer1 n~mnrohenc~ive infill rerlevohnmon+ ... ...., ...,....y. ~ ..~ .~ .., F,...,r~..n, • > 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 4 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as welt as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoinincgproperties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially .alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying .the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of,an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new and/or preservation of a working. watertront use. Ordinance No. 7605-06 ~,. 6. Flexibility with regard to use, lot width, .required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following .design objectives: d. a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed character of an area; elements: • Changes in horizontal building planes: • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies,. railings, awnings, etc.: • Variety in_materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum developmen# potential, is amended as follows: Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surtace Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre 6 Ordinance No. 7605-06 • Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35-100 0-15 0-10 10-20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50-100 35-100 0-15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project( rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35--100 0-15 0-10 10-20 n/a 4-5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0-10 10-20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0-15 0-10 10-20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0-15 0-10 10-20 n/a 3-4 spaces per 1,000 GFA Outdoor 5,000 50 35 5-15 0-10 10-20 n/a 2.5 spaces Recreation/. per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100-150 35-100 0-15 0-10 0-20 40 . 1 per unit Accommodations - - rooms/acre 20,000 Restaurants 5,000- 50--100 25-100 0-15 0-10 10-20 n/a 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35--100 0-15 0-10 10-20 n/a 4-5 spaces services 10,000 per 1,000 GFA 7 Ordinance No. 7605-06 ~, ~' *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. ' ~- --T n~~e~e~9 r - ~evc v n+ of 4h e r~. ~..-... .I .. ...d r ~ . r pi eYt tri s?~r.T, e~fe~~~ '~ri. ~ ~- f s ol nr~r~~c~erl fir i-le~i o~~ nme n+ .+ =-Tii Z r '~~:}~ ~ ~cn~wi}hin +I~t~ i.~mnre~h f onvi~io ~nfll rerle ~inl ~nm en~ nr~ion4 ..,~-- ----.. .r- ~ e~ `' T~vJ TT - { a ve~- w~ Q`~ e -.~ . .~,... ~ ..~.. • ~.....~...... infil ~ 1. .. ir v T - ltftti-tFi 7 e e '~}S f e~f~s#~ee#- ark~ are- fes#+~e~ r h~ ~ Ybeee~i# ~~ ~ am g ~ ~; - a-- se y to-#~-s#area- arlr~ ~ea i~ L~+u+sfe~ 1 4 T 3 ..,; u e g - -- - - -e e s - .Jee.irYn ..~ ~ii-lolinee in 1"1i~iiei~n ~. r.f A rFi~lo Z Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district: 2. The development or redevelopment will be consistent with the Goals and policies of the ,Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding_properties: 4. Adioiningproperties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by ..the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighbofiood; and shall demonstrate compliance with one or more of the following obiectives: ~~~ ~ ~. ~~~~ a. The proposed use is permitted ~in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar ,development and where a land use .plan amendment and rezonind would result in a spot land use or zoning designation; or f~ The proposed use provides for the development of anew, ~ and/or preservation of a working waterfront use. ~/ '~0~0'~Y/ 9 Ordinance No. 7605-06 S f ~~ 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks: and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 10 Ordinance No. 7605-06 ~. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30-100 3-5 er 1,000 GFA Attached Dwellin s 30-100 1-1.5 er unit Comprehensive In€fill Redevelopment Project n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3-5 er 1,000 GFA Indoor Recreation/Entertainment Facili 30-100 3-5 per 1,000 GFA Limited Vehicle Sales and Dis la 30 2-4 per 1,000 GFA Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30-100 3--10 er 1,000 GFA Offices 30-100 1-3 er 1,000 GFA Overnight Accommodations 50-100 .75-1 per unit Public Facilities ~ 30-100 1-2 er 1,000 GFA Restaurants 30-100 5-15 er 1,000 GFA Retail Sales and Service 30-100 2-4 er 1,000 GFA Social/Public Service A envies 30-100 3--4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a 11 Ordinance No. 7605-06 ~` Flexibility sus criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. Q--T#e-eyes-e~--~i~~-s~-uses--witk~+ ~ ~ ^ h i i ntl , , ~.pr~ a gr~s ve- ; r 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 12 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose intent and basic planning obiectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adioininq.properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantialy alter the essential use characteris#ics of the neighborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating iobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area-that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. compliance with all of the following design obiectives: 13 Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvemen# of the surrounding properties for uses permitted in this zoning district; b. The .proposed development complies with applicable design guidelines adopted by the City; c. The design.. scale and intensity of the. proposed development supports the established or emerging character of an area; d. elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Varietv in materials, .colors and texturesi • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The .proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 14 Ordinance No. 7605-06 • a Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.} Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project( development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30-50 15-35 10-20 10-20 511,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10-20 2-3/1,000 GFA Nursing Homes 20,000 100 30-50 15-35 10--20 10-20 1 per 2 residents Offices 3,500 50 30-80 15-35 10-20 10-20 2-3/1,000 GFA Restaurant n/a n!a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000- 100-200 35--80 15-35 10-20 10-20 3-5/1,000 40,000 GFA *********** 15 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.6. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 16 Ordinance No. 7605-06 4. Adjoining properties will not suffer substantial detriment as a resul# of the. proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development. proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or e. The proposed use provides for the development of a new. and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development willpnot impede the normal, and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed area: e~,r~ ~ 17 Ordinance No. 7605-06 d. GIGIIIGIIIJ. • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures: • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 10. Article 2, Zoning Districts, Section 2-1204, Tabte 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Deterrnined by Redevelopment the community Project (~ development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15-20 30 4-5 per 1000 Communi Centers GFA Social/Public 10,000- 100 15--25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA 18 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 4. The ases AF I~H~^vf~:vvv-H41c~FR~r~ 69~71prehef-~$Ive~nm s • ~ i 19 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan,. as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district: 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category. be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use .plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 20 Ordinance No. 7605-06 6. Flexibility with regard to use; lot width, required setbacks, height and off-street parking., are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district: b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed character of an area; d. elements: • Changes in horizontal building planes: • Use of architectural details such as columns cornices, stringcourses, .pilasters, porticos, balconies, railings, awnings,. etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers; enhanced landscape design and appropriate distances between buildings. 21 Ordinance No. 7605-06 Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT' Dis trict Minimum Standard Development Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolog Restaurar>ts(31 10.000 200 20 15 50 15 spaces aer 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA 3) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use cateQOry shall not exceed two and one half acres. Any such use, alone or when added to contiguous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate cateaory which shall include such use and all continuous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory. use, .located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which 22 Ordinance No. 7605-06 ~r w *********** (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed two and one half acres. Any such use, alone or when added to contiguous like uses which exceed two and one half acres shall require a land useplan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed onto as an accessory use, located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; S :- 4 ~. d +s#~is~ ~ 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 24 Ordinance No. 7605-06 • (5} Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed two and one half acres. Any such use, alone or when added to contiguous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate cateclorv which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 4 . d emist; a 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 24 Ordinance No. 7605-06 • 1~_ J ~. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development: Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. °IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s • ~• ft• Parkin Front' Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n!a n/a n/a n/a Determined by Redevelopment the community Project(2-) development director based • on the specific use and/or ITE Manual standards Nightclubs(S2) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20-25 units plus 2 for mans er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 54 25 Ordinance No. 7605-06 Telecommunication 110,000 150 125a 110/20 I Refer to Section n/a Towers 3-2001 *********** (~2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (43) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category. (a4) Social/public service agencies shall not exceed five acres. *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive In~ll redevelopment projects. 26 Ordinance No. 7605-06 • • , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district: 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning obiectives of this Code and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement Of surrounding properties 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses will not substantially alter the essential use characteristics of the nelgnpornOOtl; antl Snall tl~ of the following obiectives: a. The proposed use is permitted in this zoning district as a minimum. standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs: c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; 27 Ordinance No. 7605-06 e. The proposed use provides for development or redevelopment in an area #hat is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, andlor preservation of a working waterfront use. 6. Flexibility with regard to use. lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns: • Buildin_cLstepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 28 Ordinance No. 7605-06 Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"}, Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-1404. "OSR"District Flexible Development Standards Table 2-1404. "OSR" District Flexible Staadard Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project{-1-~ coordinator based on the specific use and/or ITE Manual standards ~a~-~2SiQH~tfAR~ Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 29 Ordinance No. 7605-06 • , , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment wilt be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning obiectives of this Code and with the intent and purpose of this zoning district• 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties• 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses will not substantially alter the essential use characteristics of the neighborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use: b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs: c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor 30 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation: or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use, tot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City: c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings., etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 31 Ordinance No. 7605-06 Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10-25 0-15 0-25 30 ~- 2/unit Pro'ect 3 - Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10-25 0--15 0-15 30 ~ 2/unit Infill 2 - Schools 40,000 200 25 15 25 30 1/3 students 32 Ordinance No. 7605-06 *********** Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5--15 30 2/unit Residential Infill Pro'ects 3 n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s • ft• ft• ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached. 3,000- 5,000 25-50 15--25 2-5 5-15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin 33 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30-50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30-50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10-25 0-5 0-10 30-50 ~ 2/unit Pro'ects 2 - *********** 34 Ordinance No. 7605-06 • Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15-25 0-10 10-15 30-50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15--25 0-10 10--15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10-25 0-10 0-15 30 4 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.B, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. The City Manager or the Community Development Coordinator may permit parkins on the grass or other permeable surface for public pumose needs. 35 Ordinance No. 7605-06 • Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of--way line in a residential zoning district up to a maximum of two frontages: *********** 4. Exception to prohibition of parking on unpaved areas on single family and duA/ex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a lafldssaped rass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, ma~tedal•. Materials not permitted include crushed shell, mulch, millings or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector spesiat+st. A law enforcement officer, traffic enforcement officer or code enforcement e#+eer inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement e#aser inspector who intends to remove, have removed, or impounded any inoperative vehicle 36 Ordinance No. 7605-06 • M under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department of responsible for the planning functions of the city, or any person designated to act on behalf of the director. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awnin shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the 37 Ordinance No. 7605-06 ,~ a validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 38 Ordinance No. 7605-06 ~ ~ ~3'L~_°'~ ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY .REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and Ordinance No. 7605-06 • WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000-- 50-100 25 15--25 0--10 10--20 5 per 1,000 Bevera a Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards Indoor 3,500- 30-100 25--50 15--25 0-10 10-20 3--5/1000 SF Recreation/ 10,000 GFA or 3- Entertainment 5/lane, 1- 2/court or 1/machine Light Assembly 5,000-- 50--100 25 15-25 0-10 10-20 4-5 spaces 10,000 er 1,000 GFA Limited Vehicle 5,000-- 50-100 25 15--25 0-10 10-20 4--5 spaces Service 10,000 er 1,000 GFA Marina 5,000-- 50 25 25 10 20 1 space per 2 Facilities 20,000 sli s Mixed Use 5,000-- 50--100 25-50 15--25 0--10 10-20 4-5 spaces 10,000 er 1,000 GFA Nightclubs 5,000- 50-100 25 15-25 0--10 10-20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 Offices 3,500- 30-100 25--50 15--25 0--10 10-20 3-4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15--25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15-25 10 10--20 1-10 per Recreation/ 1,000 SQ FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000- 100-200 25--50 15-25 0-10 10-20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15-25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500- 35-100 25--50 15--25 0-10 10-20 7--15 spaces 10,000 er 1,000 GFA Retail Sales 3,500- 30-100 25--50 15-25 0-10 10-20 4--5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000- 50-100 25-50 15-25 0-10 10-20 3-4 spaces Service 10,000 per 1,000 GFA A encie Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000- 100--200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000- 50-100 25 15-25 0-10 10-20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Boardin ~, ~ Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: 3 Ordinance No. 7605-06 C. Comprehensive infill redevelopment projects. - , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; Ordinance No. 7605-06 • 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result ~4~ ~~ of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion ~ or redevelopment of an existing economic contributor; ~' ~ _____--~ d. The proposed use provides for the provision of affordable housing; ,) , e. The proposed use provides for development or l redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; Ordinance No. 7605-06 • C=~ b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two "T" District subject to the standards and applicable provisions of Article 3. permitted uses permitted in the Tourist criteria set out in this section and other 6 Ordinance No. 7605-06 Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35--100 0-15 0-10 10-20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50-100 35--100 0-15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35-100 0-15 0-10 10--20 n/a 4-5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0-10 10-20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0-15 0-10 10-20 n/a 10 per 1,000 GFA Offices 10,000 100 35-100 0-15 0-10 10-20 n/a 3--4 spaces per 1,000 GFA Outdoor 5,000 50 35 5-15 0-10 10-20 n!a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100--150 35-100 0-15 0-10 0-20 40 1 per unit Accommodations - rooms/acre 20,000 Restaurants 5,000-- 50-100 25--100 0--15 0-10 10-20 n/a 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35--100 0-15 0-10 10-20 n/a 4-5 spaces services 10,000 per 1,000 GFA *********** Ordinance No. 7605-06 Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. sar~#s; • , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; Ordinance No. 7605-06 The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development and/or preservation of a working waterfront use. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. - Table 2-903. "D" District Flexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30--100 3-5 er 1,000 GFA Attached Dwellin s 30--100 1-1.5 er unit Comprehensive In~fill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards 10 Ordinance No. 7605-06 Educational Facilities ' 30-100 4/1000 GFA Governmental Uses 30--100 3-5 er 1,000 GFA Indoor Recreation/Entertainment Facili 30--100 3--5 per 1,000 GFA Limited Vehicle Sales and Dis la 30 2--4 per 1,000 GFA Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3-10 er 1,000 GFA Offices 30-100 1-3 er 1,000 GFA Overnight Accommodations 50-100 .75--1 per unit Public Facilities 30-100 1-2 er 1,000 GFA Restaurants 30--100 5-15 er 1,000 GFA Retail Sales and Service 30-100 2-4 er 1,000 GFA Social/Public Service A encies 30-100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a Flexibility ~~s criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 11 Ordinance No. 7605-06 • , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlvin future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; 12 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. 13 Ordinance No. 7605-06 e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(-~-) development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15--35 10-20 10-20 5/1,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10-20 2--3/1,000 GFA Nursing Homes 20,000 100 30-50 15-35 10-20 10-20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10-20 2-3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000- 100--200 35--80 15-35 10--20 10--20 3--5/1,000 40,000 GFA *********** 14 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. . , , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the Goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 15 Ordinance No. 7605-06 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or e. The proposed use provides for the development and/or preservation of a working waterfront use. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; 16 Ordinance No. 7605-06 d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project (~j development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15--25 10 15-20 30 4--5 per 1000 Communi Centers GFA Social/Public 10,000- 100 15--25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA 17 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. dsue~spms+~~ 18 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development. or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning obiectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following obiectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development and/or preservation of a working waterfront use. 19 Ordinance No. 7605-06 w 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 20 Ordinance No. 7605-06 • Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants(3) 10.000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mans er's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA *********** reaulre Flexible Standard Development application for review. Restaurants 3) Restaurants that are accessory or incidental to any permitted use will not ~ ~ located in the IL future land use category shall not exceed~~iu~acres. Any such ,- use, alone or when added to contiguous like uses which exceed fwv~-acres shall ~• S require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. 21 Ordinance No. 7605-06 Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front" Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1-10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1-2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurantsu a~5.000 - a!a 50 -100 ~a 20 flla 15 wEa 30 fl/a 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mans er's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facili GFA ****~x**~r* 5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located 22 Ordinance No. 7605-06 within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. ****,*** The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3 - 4 . d +s~s~ 5 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. ~. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common 23 Ordinance No. 7605-06 • ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front" Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(-2~ development director based on the specific use and/or ITE Manual standards Nightclubs(~~ 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20-25 units plus 2 for mana er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies ~4 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 *********** (32) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a 24 Ordinance No. 7605-06 ~' project in the Industrial General land use plan map category. (43) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category. (~4) Social/public service agencies shall not exceed five acres. *********** .Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. . , 25 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and -where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development and/or preservation of a working waterfront use. 26 Ordinance No. 7605-06 • 6. Flexibility with regard to use, lot width, required setbacks, height , and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. *********** Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-1404. "OSR" District Flexible Development Standards 27 Ordinance No. 7605-06 i Table 2-1404. "OSR" District Flexible ~taa~i Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(a-} coordinator based on the specific use and/or ITE Manual standards -~@6F~I~FA~1- Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 28 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or 29 Ordinance No. 7605-06 • f. The proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: Section 2-103. Flexible standard development. 30 Ordinance No. 7605-06 n The following Levei 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10-25 0-15 0--25 30 ~ 2/unit Pro'ect 3 ,~--~ Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure 1 Facilities 2 / *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended as follows: Section 2-104. Flexible development. ~;~, l~ ~ ~,~. D 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street • Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10-25 0--15 0-15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students *********** 31 Ordinance No. 7605-06 Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5-15 30 2/unit Residential Infill Pro'ects 3 n/a n/a 10--25 0-5 0-15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n!a n/a *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000- 5,000 25-50 15--25 2--5 5-15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin 32 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (tt.) (ft.) Parking ft. Front Side Rear(1 } Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30-50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10--25 0--5 0--10 30--50 ~ 2/unit Pro'ects 2 33 Ordinance No. 7605-06 s • *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15-25 0-10 10-15 30--50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15-25 0-10 10-15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10-25 0-10 0-15 30 ~ 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.8, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. The City Manager or the Community Development Coordinator may permit parking on the grass or other permeable surface for public purpose needs. 34 Ordinance No. 7605-06 U • *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district up to a maximum of two frontages: *********** 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a JaAdssaped rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, flaateriat. Materials not permitted include crushed shell, mulch, millings or similar material. _ *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector s{~esiali-st. A law enforcement officer, traffic enforcement officer or code enforcement effise~ inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement 35 Ordinance No. 7605-06 • officer, traffic infraction enforcement officer, or code enforcement s#~ser inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awning, shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. 36 Ordinance No. 7605-06 r ~ • ~. Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk 37 Ordinance No. 7605-06 • 6. Flexibility with regard ~ to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 20 Ordinance No. 7605-06 • • Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants(3) 10,000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA 3) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require gland -use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use. category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. 21 Ordinance No. 7605-06 • • Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min.. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front' Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1-10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants, a/a5.000 - wEa 50 -100 w/a 20 a/a 15 a!a 30 rya 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for mans er's office N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle SaleslDisplays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facili GFA 5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located 22 Ordinance No. 7605-06 within the structure to which it is accessory, and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. *********** The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3 - 4 - ~ 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6 : ~. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common 23 Ordinance No. 7605-06 • ~ -~1-a~ ~• e-+ ~_ ~ G=~r/r ~~/f._... _ _ __ T ~T. _.. __ i~~ G' U .:~~~ ~'1~-cam, ~ ~~~~ i ~ ~~~7`- _ _ , . - - -- -- -- -- - _... - - - - _ _ . _ ~a~ - - ' T __-- - - - - - - --- - - - - - ______ i • s' DRAFT, 2-24-06 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE. SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF- WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS Ordinance No. 7605-06 N a M • << • AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of / Article 3. r~~~ ~~~ Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. Width ft. ft. Parkin Alcoholic 5,000--10,000 50-100 25 15--25 0-10 10--20 5 per 1,000 Bevera a Sales GFA Comprehensive N/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project( coordinator based on the specific use and/or ITE Manual standards Light Assembly 5,000-10,000 50-100 25 15--25 0--10 10-20 4--5 spaces er 1,000 GFA Limited Vehicle 5,000-10,000 50--100 25 15--25 0-10 10--20 4-5 spaces Service er 1,000 GFA Marina Facilities 5,000--20,000 50 25 25 10 20 1 space per 2 sli s 2 Ordinance No. 7605-06 • Mixed Use 5,000-10,000 50-100 25-50 15-25 0-10 10-20 4-5 spaces er 1,000 GFA Nightclubs 5,000-10,000 50-100 25 15-25 0--10 10-20 10 per 1,000 GFA Offices 5,000-10,000 50-100 25-50 15-25 0-10 10--20 3--4 spaces er 1,000 GFA Off-Street Parkin 10,000 100 n/a 15-25 0-10 10-20 n/a Outdoor 20,000 100 25 15-25 10 10-20 1--10 per Recreation/ 1,000 SQ FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000--40,000 100-200 25-50 15-25 0-10 10-20 1 per unit Accommodations Problematic Uses 5,000 50 25 15-25 10 10-20 5 spaces per 1,000 SF GFA Restaurants 3,500-10,000 35--100 25-50 15--25 0-10 10-20 7-15 spaces er 1,000 GFA Retail Sales and 5,000-10,000 50-100 25-50 15-25 0-10 10--20 4--5 spaces Services er 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000--10,000 50-100 25--50 15-25 0-10 10-20 3--4 spaces Service per 1,000 GFA A encie 1 Telecommunicati 10,000 100 Refer to 25 10 20 n/a on Towers section 3-2001 Vehicle 10,000-40,000 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 1,000 SQ FT of lot area Veterinary Offices 5,000-10,000 50-100 25 15-25 0-10 10-20 4 spaces per or Grooming and 1,000 GFA Boardin SF~~F9F~ (~ Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: Ordinance No. 7605-06 • a • C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel esed-fey is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4-3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 6-5. sreatee-a- The form and function of the proposed development 3nr#isf} ~s will enhance the community character of the adiacent properties ' ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** 4 Ordinance No. 7605-06 • Countywide Future Land Maximum Dwelling Units Maximum Floor Area Ovemight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35-100 0--15 0-10 10--20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50--100 35--100 0-15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35-100 0-15 0-10 10--20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35--100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0--15 0--10 10--20 n/a 3--4 spaces per 1,000 GFA Outdoor 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100--150 35--100 0--15 0--10 0--20 40 1 per unit Accommodations - rooms/acre 20,000 5 Ordinance No. 7605-06 • Restaurants 5,000-- 50-100 25-100 0-15 0--10 10-20 n/a 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35-100 0-15 0-10 10-20 n/a 4--5 spaces services 10,000 per 1,000 GFA *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel c~eve4ep~e~t is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4-3. The uses or mix of uses ~ejest~ are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 5- ~5. srea#es-~ The form and function of the proposed development v-r#isk- e~a~ses will enhance the community character of the adjacent properties 6 Ordinance No. 7605-06 ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 8. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 "D" Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30--100 3-5 er 1,000 GFA Attached Dwellin s 30-100 1-1.5 er unit Comprehensive In~fill Redevelopment Project n/a Determined by the community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3-5 er 1,000 GFA Indoor Recreation/Entertainment Facili 30--100 3-5 per 1,000 GFA Limited Vehicle Sales and Dis la 30 2-4 per 1,000 GFA Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3-10 er 1,000 GFA Offices 30--100 1--3 er 1,000 GFA Overnight Accommodations 50-100 .75--1 per unit Public Facilities 30-100 1-2 er 1,000 GFA Restaurants 30-100 5-15 er 1,000 GFA Retail Sales and Service 30--100 2-4 er 1,000 GFA Social/Public Service A encies 30--100 3--4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a 7 Ordinance No. 7605-06 • Flexibility ~s criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parce! eyed-#er ~elep~e~~is otherwise impractical without deviations from the use, intensity and development standards; 3-2. The uses are otherwise permitted in the underlying future land use category; 4.-3. The uses or mix of uses p~ejes~are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~:5. sr~tes-a-The form and function of the proposed development w#isk~ er~a~ses will enhance the community character of the adjacent properties ~.6. 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; Ordinance No. 7605-06 ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s ' Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(} development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15-35 10-20 10-20 5/1,000 GFA Mixed Use 3,500 50 30--80 15-35 10-20 10-20 2-3/1,000 GFA Nursing Homes 20,000 100 30--50 15-35 10-20 10-20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 N Radio Studios 20,000-- 100--200 35--80 15-35 10-20 10--20 3-5/1,000 40,000 GFA 9 Ordinance No. 7605-06 • • *********** Section 9. Article 2, Zoning Districts, Section 2-1004.8. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel $repss®d-#e~ is otherwise impractical without deviations from the use, intensity and development standards; 3:2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses {~ejest are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~. 6.5. sreate~a The form and function of the proposed development vv#ish~ e~a~es will enhance the community character of the adjacent properties ~.6. 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; 10 Ordinance No. 7605-06 ~.7. 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 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project (-a-~ development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15-25 10--15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15--25 10 15--20 30 4-5 per 1000 Communi Centers GFA Social/Public 10,000-- 100 15--25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel eyed-#e~ is otherwise impractical without deviations from the 11 Ordinance No. 7605-06 • • use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; 4.-3. The uses or mix of uses ' are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; a-4. The site will fit within the existing urban pattern of the neighborhood or land use area; 6:5. ~r$j The form and function of the proposed development will enhance the community character of the adjacent properties ' ~6: 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; ~:7. 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. 12 Ordinance No. 7605-06 • Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. ,\~/ 6 Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ff.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA .Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities ~ land area or as S `~y~ determined by the community ,~~{`D development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants 10,000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office N/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA *********** Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. 13 Ordinance No. 7605-06 1 • S Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front" Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora e ~ 20 15 30 Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(5~ ~/a5.000 - ~/a 50 -100 ~ 20 a/a 15 w/a 30 ~ 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mana er's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary.Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facili GFA (5) Restaurants as an accessory or incidental use to a manufacturing use will not require Flexible Standard Development application for review. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: 14 Ordinance No. 7605-06 ******* M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3 : d s~ ~ 2. Off-street parking: The physical characteristics of a proposed shared building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; ~. 3. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existina buildinas in the immediate vicinity of the parcel roposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended as follows: Section 2-1304. Flexible development. 15 Ordinance No. 7605-06 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front" Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(-~) development director based on the specific use and/or ITE Manual standards Nightclubs(~2) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20-25 units plus 2 for mans er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies a4 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 *********** *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel esed-fer is otherwise impractical without deviations from the use, intensity and development standards; 16 Ordinance No. 7605-06 • ~.2. The uses are otherwise permitted in the underlying future land use category; 4~. The uses or mix of uses ' are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 5:-4: The site will fit within the existing urban pattern of the neighborhood or land use area; ~5. ~reje The form and function of the proposed development will enhance the community character of the adjacent properties ' ~6. 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; ~7. 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 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. 17 Ordinance No. 7605-06 ~- s Table 2-1404. "OSR" District Flexible Development Standards Table 2-1404. "OSR" District Flexible ~d Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(-} coordinator based on the specific use and/or ITE Manual standards Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel ~e~esed~e~ is otherwise impractical without deviations from the use, intensity and development standards; 3.2. The uses are otherwise permitted in the underlying future land use category; 4-3. The uses or mix of uses are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 5:4. The site will fit within the existing urban pattern of the neighborhood or land use area; 18 Ordinance No. 7605-06 • ~.- ~5. ~ ~ The form and function of the proposed development will enhance the community character of the adjacent properties ' ~6. 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; and ~7. 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 19. Article 2, Zoning Districts, Section 2-103, l"able 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10-25 0-15 0-25 30 ~ 2/unit Pro'ect 3 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** 19 Ordinance No. 7605-06 Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. • Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10--25 0--15 0-15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students *********** 20 Ordinance No. 7605-06 • Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5-15 30 2/unit Residential lnfill Pro'ects 3 n/a n/a 10-25 0-5 0-15 30 4.2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000-- 5,000 25--50 15-25 2-5 5-15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n!a Residential Off-Street Parkin 21 Ordinance No. 7605-06 • Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking tt. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30--50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10-25 0--5 0-10 30--50 ~ 2/unit Pro'ects 2 *********** 22 Ordinance No. 7605-06 e V i ~ • Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15--25 0-10 10-15 30-50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 .1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15--25 0-10 10-15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10-25 0-10 0-15 30 ~ 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.8, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. Parking on the grass or other permeable surface may be permitted at any location approved by the City Manager or the Community Development Coordinator for public purpose or development needs. *********** 23 Ordinance No. 7605-06 Y P i Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of--way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district, between any portion of the principa! structure and the right-of-way line, up to a maximum of two frontages: *********** 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a ~m~ssape~ rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, ~ateriaf. Materials not permitted include crushed shell, mulch, millings or similar material *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior- surface, publicly or privately owned, within the City of Clearwater_ Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector ~esial+st~. A law enforcement officer, traffic enforcement officer or code enforcement e#f+se~ inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement 24 Ordinance No. 7605-06 ~ • • officer, traffic infraction enforcement officer, or code enforcement e#+se~ inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 3, Development Standards, Section 3-1803.1, Prohibited signs, is amended as follows: Sandwich board signs, , Section 30. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. *********** Pa~rkir~ area between rinci al structure and an ri ht-of-wa line means n ~~~ area other than a side yard or rear yard. ~ ~,~ '~ ~ *********** y y ~~n ~f Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores,. adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 31. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awning, shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring 25 Ordinance No. 7605-06 1 • ~~., r and unattractive contrast to surrounding buildings. Section 32. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 33. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 34. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 35. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 36. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: 'Leslie Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk 26 Ordinance No. 7605-06 t ~ 4 • Z-_L~ ~06 DRAFT, 2-14-06 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS; SECTION ~3-1403 TO ALLOW THE''PARKING OF VEHICLES ON GRASS, .WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3=1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING ARE1A BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF- WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION . 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS Ordinance No. 7605-06 • AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Levet Two permitted uses~in the Commercial "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. Width ft. ft. Parkin Alcoholic 5,000--10,000 50--100 25 15--25 0--10 10--20 5 per 1,000 Bevera a Sales GFA Comprehensive N/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project( coordinator based on the specific use and/or ITE Manual standards Light Assembly 5,000--10,000 50--100 25 15--25 0--10 10--20 4--5 spaces er 1,000 GFA Limited Vehicle 5,000--10,000 50--100 25 15--25 0--10 10--20 4--5 spaces Service er 1,000 GFA Marina Facilities 5,000--20,000 50 25 25 10 20 1 space per 2 sli s 2 Ordinance No. 7605-06 • <' Mixed Use 5,000--10,000 50--100 25--50 15--25 0--10 10--20 4--5 spaces er 1,000 GFA Nightclubs 5,000--10,000 50--100 25 15--25 0--10 10--20 10 per 1,000 GFA Offices 5,000--10,000 50--100 25--50 15--25 0--10 10--20 3--4 spaces er 1,000 GFA Off-Street Parkin 10,000 100 n/a 15--25 0-10 10-20 n/a Outdoor 20,000 100 25 15--25 10 10--20 1--10 per Recreation/ 1,000 SO FT Entertainment of land area or as determined by the community development coordinator based on ITE ' Manual standards Overnight 20,000--40,000 100--200 25--50 15--25 0--10 10--20 1 per unit Accommodations Problematic Uses 5,000 50 25 15--25 10 , 10--20 5 spaces per 1,000 SF GFA Restaurants 3,500--10,000 35-100 25--50 15--25 0-10 10-20 7--15 spaces er 1,000 GFA Retail Sales and 5,000-10,000 50-100 25-50 15--25 0-10 10--20 4--5 spaces Services er 1,000 GFA RV Parks 40,000 200 25 15--25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units plus 2 for manager's office Social/Public 5,000--10,000 50--100 25--50 15--25 0-10 10-20 3--4 spaces Service per 1,000 GFA A encie 1 Telecommunicati 10,000 100 Refer to 25 10 20 n/a on Towers section 3-2001 Vehicle 10,000-40,000 100--200 25 15--25 10 10--20 2.5 spaces per Sales/Displays 1,000 SQ FT of lot area Veterinary Offices 5,000--10,000 50-100 25 15--25 0-10 10--20 4 spaces per or Grooming and 1,000 GFA Boardin ~~~ (~} Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: 3 Ordinance No. 7605-06 C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; 8-2. The uses within. the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 5- ~5. sreates~ The form and function of the proposed development w#isk~ e~a~es will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** 4 Ordinance No. 7605-06 • Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35-100 0--15 0--10 10--20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000-- 50--100 35--100 0--15 0--10 10--20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(-} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35--100 0--15 0--10 10-20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10--15 0--10 10-20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0--15 0--10 10-20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0--15 0--10 10-20 n/a 3--4 spaces per 1,000 GFA Outdoor 5,000 50 35 5--15 0--10 10-20 n/a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development . coordinator based on ITE Manual standards Overnight 10,000- 100--150 35--100 0--15 0--10 0--20 40 1 per unit Accommodations - rooms/acre 20,000 5 Ordinance No. 7605-06 • Restaurants 5,000-- 50--100 25--100 0--15 0--10 10--20 n/a 7--15 10,000 spaces per 1,000 GFA Retail sales and 5,000-- 50--100 35--100 0-15 0-10 10--20 n/a 4--5 spaces services 10,000 per 1,000 GFA *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; 3-2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~5. sreates~-The form and function of the proposed development ~r#isl~ e~a~ses will enhance the community character of the adiacent properties 6 Ordinance No. 7605-06 ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. a. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 "D" Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District F lexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Beverage 30-100 3--5 per 1,000 GFA Sales Attached Dwellin s 30--100 1--1.5 er unit Comprehensive InFill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3--5 er 1,000 GFA Indoor 30--100 3--5 per 1,000 GFA Recreation/Entertainmen t Facili Limited Vehicle Sales 30 2--4 per 1,000 GFA and Dis la Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3--10 er 1,000 GFA Offices 30--100 1--3 er 1,000 GFA 7 Ordinance No. 7605-06 Overnight. Accommodations 50--100 .75--1 per unit `Public Facilities 30--100 1--2 er 1,000 GFA Restaurants 30--100 5-15 er 1,000 GFA Retail Sales and Service 30--100 2--4 er 1,000 GFA Social/Public Service A encies 30--100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Flexibility ids criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; 3-2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 6-:5. 8 Ordinance No. 7605-06 • Ereates--a- The form and function of the proposed development ~s will enhance the community character of the adjacent properties ' ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(} development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30-50 15--35 10--20 10--20 5/1,000 GFA Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Nursing Homes 20,000 100 30--50 15--35 10--20 10--20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service - 9 Ordinance No. 7605-06 \~I Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000-- 100--200 35--80 15--35 10-20 10--20 3--5/1,000 40,000 GFA *********** Section 9. Article 2, Zoning Districts, Section 2-1004.6. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~. 6.5. ~a The form and function of the proposed development ~ see will enhance the community character of the adjacent 10 Ordinance No. 7605-06 properties ' ~.6. 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; ~.7. 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 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended as follows: Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional (I) District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project (1) director based on the specific use and/or ITE Manual standards Marina and 5,000 50 15--25 10-15 0--20 30 1 per 2 slips Marina Facilities Social and 20,000 100 15--25 10 15-20 30 4--5 per 1000 Community GFA Centers Social/Public 10,000-- 100 15--25 10 15-20 30 2--3 per 1,000 Service 20,000 GFA A encies Telecommunica 10,000 100 25 10 20 Refer to n/a tion Towers Section 3- 2001 11 Ordinance No. 7605-06 • *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4~ The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; a-:4. The site will fit within the existing urban pattern of the neighborhood or land use area; 5 - ~5. ~ The form and function of the proposed development will enhance the community character of the adjacent properties ~6. 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; ~7. 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 12 Ordinance No. 7605-06 parcel proposed for development. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT " District Minimum Standard Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front Side/ Rear Accessory 5,000 50 20 15 50 1/unit Dwellin s Governmental 20,000 200 20 15 50 3/1,000 SF GFA Uses 1 Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Parks and n/a n/a 25 10/20 50 1 per 20,000 SF Recreation land area or as Facilities determined by the community development coordinator based on the ITE Manual standards 13 Ordinance No. 7605-06 Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants 10,000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mans er's•office TV/Radio 20,000 200 20 15 50 4/1000 SF GFA Studios Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distri 20,000 200 20 15 50 1.5/1,000 SF bution/ GFA Warehouse Facilit *********** Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot Area (sq. Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street ft. Width ft. Parkin Front" Side/ Rear Automobile 20,000 100 20 15 30 4/1000 SF GFA Service Stations Major Vehicle 20,000 100 20 15 30 4/1000 SF GFA Service Manufacturing 10,000 100' 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Entert Land Area or as ainment determined by the community development coordinator based on ITE Manual standards Outdoor Stora a Accesso n/a 20 15 30 accesso Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1-2 per 1,000 GFA Public n/a n/a n/a n!a 10 n/a Transportation Facilities 1 14 Ordinance No. 7605-06 • i Research and 10,000 100 20 15 50 2/1,000 SF GFA Technolo Residential 5,000 50 20 15 30 3/1,000 SF GFA Shelters 2 Retail Sales and n/a n/a n/a n/a n/a n/a Services Restaurantsj~ ~a-5,000 - 10,000 +~/a 50 -100 a/a 20 a/a 15 a/a 30 aJa 7-15 spaces er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for mans er's office N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructur n/a n/a 20 15 n/a n/a e Facilities 3 Vehicle 40,000 200 20 15 30 1.5/1,000 SF Lot Sales/Displays Sales Area and Major Vehicle Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices 10,000 100 20 15 30 5/1,000 SF GFA or Animal Groomin Wholesale/Distrib 10,000 100 20 15 50 1.5/1,000 SF ution/Warehouse GFA Facili (5) Restaurants as an accessory or incidental use to a manufacturing use will not require Flexible Standard Development application for review. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; ~ - 4 15 Ordinance No. 7605-06 • i6~ a 2. Off-street parking: The physical characteristics of a proposed shared building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; 6 . ~. 3. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT " District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front" Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(-2~ director based on the specific use and/or ITE Manual standards Nightclubs(3) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3!1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations 4 16 Ordinance No. 7605-06 • Salvage Yards 40,000 200 20 15 30 1/200 SF of • offices ace Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for mans er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 5 Telecommunicati 10,000 50 25a 10/20 Refer to Section n/a on Towers 3-2001 *********** *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4-3_- The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; ~-4. The site will fit within the existing urban pattern of the neighborhood or land use area; a - 17 Ordinance No. 7605-06 • ~5. The form and function of the proposed development ~•~"~^" °^~°^^°° will enhance the community character of the adjacent properties ' ~6. 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; ~7. 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 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. *********** Table 2-1404. "OSR" District Flexible Development Standards *********** Table 2-1404. "OSR" District Flexible Staad~ Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensiv n/a n/a n/a n/a n/a n/a Determined by e Infill the community Redevelopme development nt Projects coordinator based on the specific use and/or ITE Manual standards o.,.~..~• ~ .,u ti a.,a ~..,.~,... „a..d, a.,., c ., i .,..a i ire oi~.. ~' 18 Ordinance No. 7605-06 Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses within the comprehensive infill redevelopment project are otherwise permitted in the underlying future land use category; 4~ The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; ~4. The site will fit within the existing urban pattern of the neighborhood or land use area; 6-5. The form and function of the proposed development will enhance the community character of the adjacent properties ' ~:6. 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; and ~-7. 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. 19 Ordinance No. 7605-06 Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000-- 50--100 25 5--15 5--25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10--25 0--15 0--25 30 ~ 2/unit Pro'ect Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** *********** 20 Ordinance No. 7605-06 Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodati ons Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10--25 0--15 0--15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students 21 Ordinance No. 7605-06 • *********** *********** Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Detached 5,000 50 15--25 5 5-15 30 2/unit Dwellin s Residential Infill n/a n/a 10--25 0--5 0--15 30 ~ 2/unit Pro'ect Utility/Infrastruc n/a n/a 25 10 15 n/a n/a ture Facilities 2 *********** 22 Ordinance No. 7605-06 *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000-- 5,000 25--50 15--25 2-5 5--15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards 23 Ordinance No. 7605-06 Residential n/a n/a 10--25 0--5 0--15 30 ~ 2/unit Infill Pro'ect Schools 40,000 200 35 25 15 30 1/3 students *********** *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30--50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30--50 1/unit Accommodations 24 Ordinance No. 7605-06 ,' Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10--25 0--5 0--10 30--50 ~ 2/unit Pro'ect *********** *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHDR" Flexible Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 15,000 150 15--25 0--10 10--15 30-50 2/unit Dwellin s Congregate 15,000 150 25 10 15 30 1 per 2 Care residents Non- n/a n/a 25 5 10 n/a n/a Residential Off-Street Parkin 2 Overnight 15,000 150 15--25 0--10 10--15 30 1/unit Accommodati ons 25 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential n/a n/a 10-25 0-10 0--15 30 ~ 2/unit Infill Pro'ect Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** *********** Section 25. Article 3, Development Standards, Section 3-1403.B, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. Parking on the grass or other permeable surface may be permitted at anv location approved by the City Manager or the Community Development Coordinator for public purpose or development needs. *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of--way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district, between anv portion of the orincipal structure and the right-of-way line, up to a maximum of two frontages *********** 4. Exception to prohibition of parking on unpaved, areas on single family and duplex residential property. One designated parking space may be located on the 26 Ordinance No. 7605-06 } 1 grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a sape~ rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, Wit. Materials not permitted include crushed shell, mulch, millings or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. . Section 28. Article 3, Development Standards, Section 3- 1507.Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector s~e~siat+st. A law enforcement officer, traffic enforcement officer or code enforcement e#+ser inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement e#f+ser inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 3, Development Standards, Section 3-1803.1, Prohibited signs, is amended as follows: I. Sandwich board signs. , Section 30. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: 27 Ordinance No. 7605-06 ~ ~ * aF, k ~F ie fe ~e *,F ~k ie Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. *********** Parking area, between principal structure and any right-of-way line means any area other than a side yard or rear yard. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 31. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awnin shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 32. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 33. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 34. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. 28 Ordinance No. 7605-06 ~, ~ M Section 35. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 36. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk 29 Ordinance No. 7605-06 c~ ~ti ~~ ~~ l >t ~~ ~~~~ ~~ ~ ~~ ~ y • ~ ~~ .r `;~'. y ,t . \~ TA2006-01001 Amendments to the Community Development Code Michael H. Reynolds, AICP, Planner III e ~. ~ ~ CDB Meeting Date Case: Ordinance No.: Agenda Item: March 21, 2006 TA2006-01001 7605-06 Fl A ~, ~'1 ~~ Y ~ ~/ CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code revising the Comprehensive Infill Redevelopment Projects flexibility criteria, increasing density for overnight accommodations, increasing parking requirements for attached dwellings as Residential Infill projects, permitting restaurants as a stand alone use through both minimum standard development and flexible standard development, removing the exception for the prohibition of sandwich board signs, and revising code provisions to improve enforcement of the code. INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: Since the passage of the Community Development Code in 1999, the Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. City of Clearwater staff has provided input aimed at improving the Code based on how staff has experienced the Code's performance in various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended to better reflect City development patterns and improve internal processes. As part of the code update process, suggested amendments have been collected from the Planning and Development Services Departments. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. ANALYSIS: The Planning Department is recommending a total of 30 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy issue. Other amendments are editorial in nature, provide additional flexibility criteria, or are refinements to existing Community Development Code sections. Page 1 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report p' ~. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided here. Also attached is Ordinance No. 7606-06 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zoning Districts ^ Parking Requirements (Pages 30 - 34 of Ordinance) Ordinance No. 7605-06 .increases the Residential Infill Project minimum parking space requirement for residential dwellings, from 1.5 spaces to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. This amendment addresses concerns raised by the Planning Department, the City Council, and the public regarding the need for additional parking for new residential development. ^ Comprehensive Infill Redevelopment (Pages 3 - 30 of Ordinance) This ordinance includes proposed amendments to improve the flexibility criteria for proposed Comprehensive Infill Redevelopment projects. The proposed criteria focuses on minimizing impacts on surrounding properties, encouraging compatibility between adjacent land uses, meeting certain use objectives, and improving the quality of design. ^ Density for Overnight Accommodation Units (Page 6 of Ordinance) In an effort to provide incentives for hotel development in Clearwater, this ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. This increase is consistent with density provisions set forth in the Clearwater Comprehensive Plan. ^ Restaurants, permitted as a primary use in the IRT District (Pages 20 - 24 of Ordinance) This ordinance proposes an amendment to permit restaurants as a primary use through both minimum standard development and flexible standard development. The current provisions restrict restaurants to accessory uses. Article 3 -Development Standards ^ Parking-of vehicles on grass, by City permission (Page 34 of Ordinance) In order to accommodate public purpose parking on grass surfaces, City of Clearwater administrative staff will consider permission on a case-by-case basis. Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report .n a Other Amendments Proposed Ordinance 7605-06 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: • Prohibiting graffiti; • Authorizing specific personnel to remove and impound inoperative vehicles on public property; and • Amending definitions. 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 is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: • Goal 2 -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. The proposed ordinance strengthens the Comprehensive Infill criteria with regard to design criteria and neighborhood compatibility. It also increases hotel density to encourage hotel redevelopment. • Goal 4 -The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The proposed amendments provide for increased parking requirements for residential development. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. ' The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, flexibility criteria, procedures, enforcement and definitions. Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal process. The Planning Department Staff recommends APPROVAL of Ordinance No. 7605-06 which makes revisions to the Community Development Code. Prepared by Planning Department : ~~ ~L~C ~• Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7605-06 S:IPlanning DepartmentlCommunity Development Code12006 Code Amendmentsll ST QUARTER 20061Final Staff Report -2006 Amendments Ordinance No. 7605-06.doc Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and Ordinance No. 7605-06 * ~ WHEREAS, since the effective date of the new Community Development Code, the City of'Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS,, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000- 50-100 25 15-25 0-10 10-20 5 per 1,000 Bevera a Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n!a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards Indoor 3,500-- 30--100 25--50 15--25 0-10 10-20 3-5/1000 SF Recreation/ 10,000 ~ GFA or 3- Entertainment 5/lane, 1- 2/court or 1/machine Light Assembly 5,000- 50-100 25 15-25 0-10 10--20 4-5 spaces 10,000 er 1,000 GFA Limited Vehicle 5,000-- 50--100 25 15-25 0-10 10-20 4-5 spaces Service 10,000 er 1,000 GFA Marina 5,000-- 50 25 25 10 20 1 space per 2 Facilities 20,000 sli s Mixed Use 5,000-- 50--100 25--50 15-25 0--10 10--20 4--5 spaces 10,000 ' er 1,000 GFA Nightclubs 5,000-- 50--100, 25 15--25 0--10 10-20 10 per 1,000 10,000 ! GFA 2 Ordinance No. 7605-06 ~ ~ Offices 3,500- 3Q--100 25--50 15-25 0-10 10-20 3--4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15-25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15-25 10 10-20 1--10 per Recreation/ 1,000 SQ FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual ' standards Overnight 20,000- 100-200 25--50 15-25 0--10 10-20 1 per unit Accommodatio 40,000 ' ns Problematic 5,000 50 25 . 15-25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500- 35-=100 25-50 15-25 0-10 10-20 7-15 spaces 10,000 er 1,000 GFA Retail Sales 3,500- 30-100 25-50 15-25 0-10 10-20 4-5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RVs ace Self Storage 20,000 100 ~ 25 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000- 50-100 25--50 15-25 0--10 10-20 3-4 spaces Service 10,000 per 1,000 GFA A encie Telecommu 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle ~ 10,000- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000- 50-100 25 15-25 0-10 10-20 4 spaces per Offices or 10,000 1,000 GFA Groomi~ig and Boardi ~~~ O ~ (-~} Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: 3 Ordinance No. 7605-06 C. Comprehensive infill redevelopment projects. • , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 4 Ordinance No. 7605-06 ~ ~ 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result ~..~ 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: ~a. The proposed use is permitted in this zoning district as a minimum standard, .flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. ~ The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or / ~ ~~ f The proposed use provides for the development,A~ir~d/ory ~ ~°~ preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a: The proposed development will not impede the normal and orderly development and improvement of the surrounding ~; properties for uses permitted in this zoning district; Ordinance No. 7605-06 ~, 1 b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, ,.emerging or character of an area; ~~ d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation 'per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. 6 Ordinance No. 7605-06 ~. ~ Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. ' Alcoholic 5,000 50 35--100 0-15 0--10 10--20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50--100 35--100 0-15 0-10 10--20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35-100 0-15 0-10 10-20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0--10 10--20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0-15 0-10 10-20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0-15 0-10 10--20 n/a 3--4 spaces per 1,000 GFA Outdoor 5,000 50 35 5-15 0-10 10-20 n/a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on • ITE Manual standards Overnight 10,000- 100--150 35--100 0-15 0-10 0-20 40 1 per unit Accommodations - rooms/acre 20,000 Restaurants 5,000- 50-100 25-100 0-15 0-10 10-20 n/a 7--15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35-100 0-15 0-10 10-20 n/a 4-5 spaces services 10,000 per 1,000 GFA *********** 7 Ordinance No. 7605-06 ~ R Section 5., Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. sus; 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 8 Ordinance No. 7605-06 The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; ' Adjoining properties will not suffer substantial detriment as a result of the proposed development; The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The .proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or The proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design ~' objectives: 9 Ordinance No. 7605-06 ~~ a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; ' b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; 'd. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30-100 3--5 er 1,000 GFA Attached Dwellin s 30--100 1--1.5 er unit Comprehensive In~fill n/a Determined by the Redevelopment Project ~ community development i coordinator based on the ' specific use and/or ITE ~ Manual standards ~ 10 Ordinance No. 7605-06 Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 er 1,000 GFA Indoor '~ Recreation/Entertainment Facilit 30--100 3-5 per 1,000 GFA Limited Vehicle Sales and Dis la 30 2--4 per 1,000 GFA Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3-10 er 1,000 GFA Offices 30-100 1-3 er 1,000 GFA Overnight Accommodations 50--100 .75-1 per unit Public Facilities 30--100 1-2 er 1,000 GFA Restaurants 30--100 5--15 er 1,000 GFA Retail Sales and Service 30-100 2-4 er 1,000 GFA Social/Public Service A encies 30--100 3-4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n!a Flexibility ~s criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 11 Ordinance No. 7605-06 M ~ • , 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code. and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlvin future land use category, be compatible with adjacent land uses, will not', substantially alter the essential use characteristics of the neiahborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a 'minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; 12 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. T_ he_ .proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and ~ off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; 6. The_ .proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. ', 13 Ordinance No. 7605-06 M • e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(} development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30-50 15--35 10-20 10--20 5/1,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10-20 2-3/1,000 GFA Nursing Homes 20,000 100 30-50 15-35 10-20 10-20 1 per 2 residents Offices 3,500 50 30-80 15-35 10-20 10-20 2-3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000- 100--200 35--80 15-35 10-20 10-20 3-5!1,000 40,000 GFA *********** 14 Ordinance No. 7605-06 ~ ~ Section 9. '; Article 2, Zoning Districts, Section 2-1004.8. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: 6. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundinct properties; 15 Ordinance No. 7605-06 joining properties will not suffer substantial detriment as a result 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will .not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; ', d. The proposed use provides for the provision of affordable housing; , e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or e. The proposed use provides for the development and/or preservation of a working waterfront use. 5. Flexibility with regard to use, lot width, required setbacks, height and Toff-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; 16 Ordinance No. 7605-06 C ~J d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, ' cornices, . stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; ' • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a '~ n/a n/a n/a n/a Determined by Redevelopment the community Project (~ development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15--25 10-15 0-20 30 1 per 2 slips Facilities ~ Social and 20,000 100 15--25 10 15-20 30 4-5 per 1000 Communi Centers ~ GFA Social/Public 10,000- 100 ~ 15-25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA 17 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 18 Ordinance No. 7605-06 i ~ 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning obiectives of this Code, and with the intent and purpose of this zoning district; ~, 3. Thel, development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties: 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The. proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following obiectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or ~~ f. T_he _ proposed use provides for the development and/or preservation of a working waterfront use. 19 Ordinance No. 7605-06 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. 20 Ordinance No. 7605-06 Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. I Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 j 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants(31 10.000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mans er's office N/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 ~ 200 20 15 50 1.5/1,000 SF _ GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA *********** (3) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. 21 Ordinance No. 7605-06 • Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot- Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (Sq. Width (ft.) Parking ft. Front' Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations I Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000' 200 20 15 30 1--10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development ', coordinator ' based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000' 100 20 15 50 1-2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants aEa-5,000 - #a 50 -100 e!a 20 ala 15 a/a 30 #e 7-15 saaces 10 000 er 1 000 GFA Self Storage 10,000, 100 20 15 50 1 per 20-25 units plus 2 for mana er's office N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000', 200 20 15 30 1.5/1,000 SF Lot Major Vehicle ~ Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 I 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facili GFA ******** (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Section 14. ; Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: 22 Ordinance No. 7605-06 Flexibility criteria: ****~ M. Restaurants. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; d +s~is~ ~ 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6' I - ~. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lof area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common in a building which is out of scale 23 Ordinance No. 7605-06 with. existing buildings in the immediate vicinity of the parcel proposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front" Side/Rear Adult Uses 1 10,000 ' 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(-~j development director based on the specific use and/or ITE Manual standards Nightclubs(32~ 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20-25 units plus 2 for mana er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 54 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 *********** (~2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. 24 Ordinance No. 7605-06 • (43) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category. (~4) Soc,ial/public service agencies shall not exceed five acres. *********** Section 16: Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. 25 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this~zoning district; 2. goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The, development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; The nrooosed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zoning designation; or f: The proposed use provides for the development and/or '. preservation of a working waterfront use. 26 Ordinance No. 7605-06 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not -impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. *********** Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-1404. "OSR"District Flexible Development Standards 27 Ordinance No. 7605-06 • Table 2-1404. "OSR" District Flexible ~tar~Jafd Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards .9F~ Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 28 Ordinance No. 7605-06 LJ 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general .purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard ~ or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision.of affordable '~ housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or 29 Ordinance No. 7605-06 f. The proposed use provides for the development and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and' off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. -The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established, emerging or envisioned character of an area; d. In order to form a cohesive and visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; ~, Use of architectural details such as columns cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: Section 2-103. Flexible standard development. 30 Ordinance No. 7605-06 • a 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. Table 2-103. "LD R" District Flexible~;Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10--25 0-15 0--25 30 ~- 2/unit Pro'ect 3 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft:} (ft.) Parking ft. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10--25 0-15 0--15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students *********** 31 Ordinance No. 7605-06 Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. M.in. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5-15 30 2/unit Residential Infill Pro'ects 3 n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. fti ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000-- 5,000 25-50 15--25 2-5 5--15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin ~~ 32 Ordinance No. 7605-06 ~.J Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10--25 0--5 0-15 30 ~ 2/unit Infill ' Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23i Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft;) (ft.) Parking tt. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30-50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 1U0 25 5 10 30-50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based ' on ITE Manual standards Residential Infill n/a n/a 10--25 0--5 0--10 30--50 ~ 2/unit Pro'ects 2 33 Ordinance No. 7605-06 • *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15-25 0-10 10-15 30-50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15-25 0-10 10-15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10--25 0-10 0-15 30 ~ 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.B, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. The City Manager or the Community Development Coordinator may permit parking on the grass or other permeable surface for public purpose needs. 34 Ordinance No. 7605-06 • • *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of--way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district up to a maximum of two frontages: *********** 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a ~aadssa~e~ rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, ~ateriaf. Materials not permitted include crushed shell, mulch, millings or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.B. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector syesiat+st. A law enforcement officer, traffic enforcement officer or code enforcement e##+ser inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement 35 Ordinance No. 7605-06 t • officer, traffic infraction enforcement officer, or code enforcement e#f+ser inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awnin shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the. provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. 36 Ordinance No. 7605-06 ;• ~ • Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 37 Ordinance No. 7605-06 1 .s 7 • • Resume Michael H. Reynolds, AICP 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4836 mike.reynolds(n~myclearwater.com PROFESSIONAL EXPERIENCE • Planner III City of Clearwater March 2003 to present As a member of the Long Range Planning team, I draft text amendments to the City Code. Review small to large scale development proposals for conformance to the City Code. Prepaze staff reports in readiness for department and Community Development Boazd meetings. Responsible for providing informational assistance to the public and developers concerning development plans. Research land use and assemble planning data. • Executive/Principal Planner Hillsborough County, Florida November 2001 ~to Mazch 2003 As Citrus Pazk Village Community Plan Project Manager, worked with citizens and County staff to bring Comprehensive Plan Amendments forward for Planning Commission and Board of County Commissioners approval. Member of the joint Planning Commission-Planning and Growth Management professional planning team to guide the development of a community plan fora 384 square mile land area. Worked with other professional planners to assemble community-based plans within Hillsborough County. As County Brownfields Director, assisted applicants seeking Brownfields designation approvals. Reviewed rezoning proposals. Presided over a meeting with Hillsborough and Pasco counties to discuss annexation issues. • Community Development Director City of Madeira Beach, Florida June 2000 to November 2001 Organized resources to make community development efficient and responsive in a fast-paced tourism-based economic environment. Established procedures to improve the speed of development plan reviews. Introduced a project to develop a community vision. Prepared two successful State grant applications for waterfront recreational site development. Responsible for reviewing coastal construction issues and flood plain management. • Town Planner Town of Hudson, NH September 1987 to June 2000 Updated plan review methods. Managed Impact Fees and Geographic Information Systems development projects. Co-founder and officer of the Hudson Economic Development Corporation. Prepared a successful application for Federal funds to introduce bicycle lanes and sidewalks. Wrote an application for State funds that resulted in the purchase of 393 acres of land for open space protection. Applied for Federal grant funds to redevelop a waterfront park. 9 • ~ C! • Director of Planning & Economic Development City of.Somersworth, NH August 1984 to September 1987 Developed a major adaptive use project to creatively reuse a 19th Century textile mill, involving more than 200,000 square feet of building and seven acres of river front land. Prepared three successful Federal grant applications resulting in the award of $230,000 for public facility improvement, historic district development, and recreational park revitalization. Organized the formation of a Chamber of Commerce. • City Planner I City of McAllen, TX September 1983 to August 1984 Downtown revitalization planning and promotion; long range planning, including .land annexation; current planning, including site plan and subdivision review. • Planning Assistant City of New Berlin, WI September 1981 to May 1982 Systematically assembled data for the evaluation of existing land use on the Lincoln Avenue Corridor; developed a sign ordinance revision, which was approved by the Common Council and implemented. • Assistant to Secretary of State State Capitol, Hartford, CT February 1977 to August 1980 Personal assistant to Secretary of State Gloria Schaffer; presented a resolution before the State Legislature's Appropriations Committee to preserve a major function of the office. EDUCATION Master of Urban Planning, University of Wisconsin-Milwaukee, 1982 BA; Political Science, Marquette University, 1975 Saint Leo College, 1971 - 1973 LICENSES & CERTIFICATES American Institute of Certified Planners. (AICP) ASSOCIATION MEMBERSHIP American Institute of Certified Planners American Planning Association Northern New England Chapter New Hampshire Director, 1994-1995 New Hampshire Planning Association Vice President, 1988-1989 Toastmasters International ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING .ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS; WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY;' AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and Ordinance No. 7605-06 WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C".District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Lot Area Min Develo ment sta Lot Width Min naaras Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Off-Street Use . ft . ft ft. Park . s . . 10 0 10-20 r 1 000 Alcoholic 5,000- 50-100 25 15-25 - , GFA Bevera a Sales 10,000 /a n/a n/a Na l D e Comprehensive n/a n/a n com mun ty t h Infill ~ development Redevelopment coordinator Project(} based on the specific use and/or ITE Manual standards Indoor 3,500- 30-100 25-50 15-25 0-10 10--20 GFA1or 3 SF Recreation/ 10,000 5/lane, 1- Entertainment 2/court or 1lmachine Light Assembly 5,000-- 50--100 25 15-25 0-10 10-20 4-5 spaces er 1,000 GFA Limited Vehicle 10,000 5,000-- 50-100 25 15-25 0-10 10-20 4-5 spaces er 1,000 GFA Service Marina 10,000 000- 5 50 25 25 10 20 1 space per 2 Facilities Mixed Use , 20 OOD 000-- 5 50-100 25-50 15-25 0--10 10--20 sli s S 4 5 , 000 GFA 1 e Nightclubs 10,000 5,000- 50-100 25 15-25 0-10 10-20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 Offices 3,500- 30-100 25-50 15-25 0--10 10--20 per 15000 GFA 10,000 10 0 10-20 n/a Off-Street 10,000 100 n/a 15-25 - Parkin 10 10-20 1-10 per Outdoor 20,000 100 25 15-25 1,000 SQ FT Recreation/ of land area or Entertainment as determined by the community development coordinator based on ITE Manual standards 10 0 10-20 1 per unit Overnight 20,000- 100-200 25-50 15-25 -- Accommodatio 40,000 ns 10 10-20 5 spaces per Problematic 5,000 50 25 15-25 1,000 SF GFA Uses 10 0 10--20 T Restaurants 3,500- 35-100 25-50 15-25 - er 1,000 GFA 10,000 10 0 10--20 4--5 spaces Retail Sales 3,500- 30-100 25-50 15-25 -- . per 1,000 GFA and Services 10,000 RV Parks 40,000 200 25 15-25 20 10-20 RVs aceer Self Storage 20,000 100 25 15-25 10 10-20 1 per 20 units. plus 2 for manager's office SociaVPublic 5,000-- 50-100 25-50 15-25 0-10 10-20 3--4 spaces per 1,000 GFA Service 10,000 A encies 1 Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 10 10 -20 r Vehicle 10 000- 100--200 25 15-25 , 1,000 SQ FT Sales/Displays 40,000 of lot area Veterinary 5,000-- 50-100 25 15-25 0-10 10-20 1,000 GFA r Offices or 10,000 Grooming and Boardin eB' (~ Social/public service agencies shall not exceed five acres. Ordinance No. 7605-06 Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use andlor development standards set forth in this zoning district; Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan as well as with the general purpose intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The ro osed use shall otherwise be ermitted b the under) in future land use category be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifyina the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would resuft in a spot land use or zoning designation; or f. The proposed use provides for the development of a new andlor preservation of a working waterfront use. Ordinance No. 7605-06 6. Flexibility with regard to use, lot width, required setbacks. height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundino properties for uses permitted in this zoning district: b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area: d. In order to form a cohesive, visually interesting and attractive appearance. the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns. cornices. stringcourses. pilasters. porticos, balconies, railings awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks: and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: **xx*x***** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 49 50 units per acre acre Ordinance No. 7605-06 --- Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T' Flexible Develo ment Stand ards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35-100 0-15 0-10 10-20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50-100 35-100 0-15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project( rooms/acre development coordinator based on the specit'ic use and/or ITE Manual standards Limited Vehicle 5,000 50 35-100 0-15 0--10 10-20 n/a 4-5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0-10 10-20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0-15 0-10 10-20 n/a 10 per 1,000 GFA Offices 10,000 100 35-100 0-15 0-10 10-20 n/a 3--4 spaces per 1,000 GFA Outdoor 5,000 50 35 5-15 0-10 10-20 n/a 2.5 spaces Recreation! per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100-150 35-100 0--15 0--10 0-20 40 1 per unit Accommodations - roomslacre 20,000 Restaurants 5,000- 50-100 25-100 0--15 0-10 10-20 n/a 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000- 50-100 35-100 0-15 0-10 10-20 n/a 4-5 spaces services 10,000 per 1,000 GFA 7 Ordinance No. 7605-06 *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive inhll redevelopment projects. sus; ~r i 4 ~# v of ~~n .•n4 +h ki i n--- es- ~ mnrnho ncivo inf e-uses-o.-r~a, . ~ .. s ~-o,~1 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan as well as with the general purpose intent and basic planning obiectives of this Code and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adioining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following obiectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs; c. The development proposal accommodates the expansion or redevelopment of an existing_economic contributor; d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use_provides for the development of a new, and/or preservation of a working waterfront use. Ordinance No. 7605-06 _. Flexibility with regard to use, lot width. required setbacks height and off-street parking are justified based on demonstrated compliance with all of the following design obtectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district: b. The proposed development complies with applicable design guidelines adopted by the City: c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes: • Use of architectural details such as columns cornices. stringcourses, pilasters. porticos, balconies, railings awnings, etc.: • Variety in materials. colors and textures: • Distinctive fenestration patterns • Building stepbacks: and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 10 Ordinance No. 7605-06 Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section Z-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flex ible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30-100 3-5 er 1,000 GFA Attached Dwellin s 30-100 1-1.5 er unit Comprehensive In~fill Na Determined by the Redevelopment Project community development coordinator based on the specific use and/or 1TE Manual standards Educational Facilities 30-100 4/1000 GFA Governmental Uses 30-100 3-5 er 1,000 GFA Indoor 30-100 3-5 per 1,000 GFA Recreation/Entertainment Facili Limited Vehicle Sales and 30 2--4 per 1,000 GFA Dis la Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30-100 3-10 er 1,000 GFA Offices 30-100 1-3 er 1.,000 GFA Overnight 50--100 .75-1 per unit Accommodations Public Facilities 30-100 1-2 er 1,000 GFA Restaurants 30-100 5-15 er 1,000 GFA Retail Sales and Service 30-100 2-4 er 1,000 GFA SociallPublic Service 30-100 3-4 per 1,000 GFA A envies Telecommunication Refer to Section 3- n!a Towers 2001 ~ ~ Ordinance No. 7605-06 Flexibility staffs criteria: Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projecfs. y~~° rle~ielnnrv~cn4 ..f rho r+~rn~~l nr~r+i+c~ci1 fr~r rle~io ~i+nmcn~ ~+c~ ~ r ~ r , 1. The development or redevelopment is otherwise impractical without deviations From the use and/or development standards set forth in this zoning district; 12 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan as well as with the general purpose intent and basic planning obiectives of this Code and with the intent and purpose of this zoning district; 3. T_he development or redevelopment will not impede the norms{ and orderly development and improvement of surrounding properties: 4. AdLining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category be compatible with adiacent land uses, will not substantially alter the essential use characteristics of the neighborhood and shall demonstrate compliance with one or more of the following obiectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating lobs: c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor: d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonin would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use lot width required setbacks, height and off street parking are justified based on demonstrated compliance with all of the following design obiectives: 13 Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes: • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 14 Ordinance No. 7605-06 i ~ Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n!a n/a n/a Na n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project{4-) development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30-50 15-35 10-20 10--20 5/1,000 GFA Mixed Use 3,500 50 30-80 15-35 10-20 10--20 2-311,000 GFA Nursing Homes 20,000 100 30-50 15-35 10-2D 10-20 1 per 2 residents Offices 3,500 50 30--80 15-35 10-20 10-20 2-3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a Na n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000-- 100-200 35-80 15-35 10-20 10-20 3-511,000 40,000 GFA ********x** 15 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive inhll redevelopment projects. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan as well as with the general purpose intent and basic planning objectives of this Code and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 16 Ordinance No. 7605-06 s ~- 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses will not substantially alter the essential use characteristics of the neighborhood; and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation: or e. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City: c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; 17 Ordinance No. 7605-06 w L_J d. In order to form a cohesive, visually interesting and attractive appearance. the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials. colors and textures: • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape design and appropriate distances between buildings. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n!a n/a n/a n/a Determined by Redevelopment the community Project ~} development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15-20 30 4-5 per 1000 Communi Centers GFA Social/Public 10,000- 100 15-25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA 18 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a . Section 3- Towers 2001 Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. ~ele~ela~ 19 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan as well as with the general purpose intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category be compatible with adjacent land uses. will not substantially alter the essential use characteristics of the neighborhood' and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creating jobs; c. T_he development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 20 Ordinance No. 7605-06 • ! 6. Flexibility with regard to use, lot width, required setbacks,- height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district: b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Chances in horizontal building planes: • Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns: • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers enhanced landscape design and appropriate distances between buildings. 21 Ordinance No. 7605-06 • ~ _. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5!1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n!a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 211,000 SF GFA Technolo Restaurants(3) 10,000 200 ~ 15 50 15 soaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana ers office TV/Radio Studios 20,000 200 20 15 50 4!1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA (3). Restaurants that are accessorv or incidental to anypermitted use will not require Flexible Standard Development application for review Restaurants located in the IL future land use category shall not exceed two and one half acres. Any such use, alone or when added to contiguous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate categorv which shall include such use and all contiguous like uses Restaurants located in the IG future land use categorv shall be allowed only as an accessory use, located within the structure to which it is accessory and shall not exceed twenty-five (25) percent of the floor area of theprincipal use to which 22 Ordinance No. 7605-06 it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Tabie 2-1303 "IRT" Flexible Standard Development, is amended as follows; Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT' District Flexible Stand ard Develo ment Uses Min. Lot Min. Lot Min. Setbacks (it.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front' Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1-10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1-2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 nla Facilities 1 Research and Technolo 10,000 100 20 15 50 211,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3!1,000 SF GFA Retail Safes and Services n/a n/a n/a nla n/a n/a Restauranls~,.15 #a-5.000 - fl/a 50 -10D r~la 20 r~la 15 n!a 30 al~a 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mana ers office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000 200 20 15 30 1.511,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 511,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,D00 100 20 15 50 1.511,000 SF Warehouse Facili GFA 23 Ordinance No. 7605-06 f5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review Restaurants located in the IL future land use category shall not exceed two and one half acres. Any such use alone or when added to contiguous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory and shall not exceed twenty-five f25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 4. rtisrtrist; ~ 3. Off-street parking: a. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 24 Ordinance No. 7605-06 7. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 5. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s , ft, ft. Parkin Front` Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project( development director based on the specific use and/or ITE Manual standards Nightclubs(32~ 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for mana er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 54 25 Ordinance No. 7605-06 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 (32) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (43) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category. (a4~ Social/public service agencies shall not exceed five acres. ****xtr~rx+r~r Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment pr%ects. 26 Ordinance No. 7605-06 cfearelep+~ew~ 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlvin future land use category. be compatible with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifyinq the local economy or by creating jobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor; d. The proposed use provides for the provision of affordable housing; 27 Ordinance No. 7605-06 • e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation; or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the City; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area; d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes: • Use of architectural details such as columns. cornices, stringcourses, pilasters, porticos, balconies, railings, awnings, etc.; • Variety in materials, colors and textures: • Distinctive fenestration patterns; • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffe"rs, enhanced landscape design and appropriate distances between buildings. 28 Ordinance No. 7605-06 i • Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-9404. "OSR"District Flexible Development Standards Table 2-1404. "OSR" District Flexible ~ Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project{ coordinator based on the specific use and/or ITE Manual standards ~e~ Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 29 Ordinance No. 7605-06 • 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoning district: 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the general purpose, intent and basic planning obiectives of this Code and with the intent and purpose of this zoning district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surrounding properties; 4. Adjoining properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible with adjacent land uses. will not substantially alter the essential use characteristics of the neighborhood: and shall demonstrate compliance with one or more of the following objectives: a. The proposed use is permitted in this zoning district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a significant economic contributor to the City's economic base by diversifying the local economy or by creatingjobs; c. The development proposal accommodates the expansion or redevelopment of an existing economic contributor: 30 Ordinance No. 7605-06 • d. The proposed use provides for the provision of affordable housin e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoning would result in a spot land use or zoning designation: or f. The proposed use provides for the development of a new, and/or preservation of a working waterfront use. 6. Flexibility with regard to use, lot width, required setbacks. height and off-street parking are justified based on demonstrated compliance with all of the following design objectives: a. The proposed development will not impede the normal and orderly development and improvement of the surrounding properties for uses permitted in this zoning district; b. The proposed development complies with applicable design guidelines adopted by the Citv; c. The design, scale and intensity of the proposed development supports the established or emerging character of an area: d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development incorporates a substantial number of the following design elements: • Changes in horizontal building planes; • Use _ of architectural details such as columns cornices. stringcourses, pilasters, porticos. balconies. railings. awnings, etc.; • Variety in materials, colors and textures; • Distinctive fenestration patterns; . • Building stepbacks; and • Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape design and appropriate distances between buildings. 31 Ordinance No. 7605-06 • • Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (fi.) Max. Height Min. Off-Street s ft fi fi. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a nla 10-25 0-15 0-25 30 4 2/unit Pro'ect 3 Utility/ n/a nla 25 15 25 n/a n/a Infrastructure Facilities 2 *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (fi.) Max. Height Min. Off-Street Area (sq. (fi.) (fi.) Parking fi. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10-25 0-15 0--15 30 4 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1!3 students 32 Ordinance No. 7605-06 • • Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5-15 30 2/unit Residential (nfill Pro'ects 3 Na n/a 10-25 0-5 0-15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000- 5,000 25-50 15-25 2-5 5-15 30 2/unit Dwellin s Non- Na n/a 25 10 10 n/a n/a Residential Off-Street Parkin 33 Ordinance No. 7605-06 ~ ~ Parks and n/a nla 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as detemtined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30-50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30-50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30-50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30-50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10-25 0-5 0-10 30-50 ~ 2/unit Pro'ects 2 34 Ordinance No. 7605-06 Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15-25 0-10 10-15 30--50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a nla Off-Street Parkin 2 Overnight 15,000 150 15-25 0-10 10-15 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a Na 10-25 0-10 0-15 30 ~ 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters Section 25. Article 3, Development Standards, Section 3-140. 3.B, Parking lot surfaces, is amended as follows: B. Grass surtace. txx****r**x 3. The City Manager or the Community Development Coordinator may permit parking on the grass or other permeable surface for public purpose needs. ***~*.~,.ff~ 35 Ordinance No. 7605-06 • Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district uo to a maximum of two frontages: 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the. property's driveway. If the designated parking space can not be maintained as a I•a~ssaped rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, material. Materials not permitted include crushed shell, mulch, millings or similar material. Section 27. Article 3, Development Standards, Section 3-1503. B. Nuisances is amended as follows: 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector spe~sialist. A law enforcement officer, traffic enforcement officer or code enforcement e€€~sef inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement e#fisef inspector who intends to remove, have removed, or impounded any inoperative vehicle 36 Ordinance No. 7605-06 • under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. ,r,r***xrrxx** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building~or its projections and attachments, such as anv sign or awning, shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended} are hereby adopted to read as set forth in this Ordinance. Section 32. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 33. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the 37 Ordinance No. 7605-06 validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED April 6, 2006 April 20, 2006 r nk V. Hibbard Mayor Approved as to form: eslie Dougall-Si e Assistant City Attorney Attest: ~_. C hia E. Goudeau Ci Clerk 38 Ordinance No. 7605-06 Untitled Document : FYIForm_view0 -~e 0 ~ Page 1 of 2 <, Cl~~~~.~r ~ .,-,.r~.~.,r._ ,~.. 4 Agenda Cover Memorandum Page 1 of 1 City Council Item ID: 1984 Submitted: 03-09-2006 Preferred Date: 04-06-2006 Latest Possible Date: 04-06-2006 ~ Actual Date: ~ _..___ _ _ Subject /Recommendation: APPROVE of Ordinance No. 7605-06 which makes revisions to the Community Development Code. ~urnnrary. The Planning Department is recommending a total of 31 amendments to the Community Development Code. The amendments present a change in current policy or a new policy issue and are outlined here: - Parking Requirements - Comprehensive Infill Redevelopment - Density for Overnight Accommodations - Restaurants, permitted as a primary use in the IRT District - Parking of vehicles on grass, by City permission. Other amendments are editorial in nature, provide additional flexibility criteria, or refinements to existing Community Development Code sections. Attached please find the staff report for further analysis, and Ordinance No. 7605-06. The Community Development Board (CDB) will review the proposed amendment at its regularly scheduled meeting on March 21, 2006. The Planning Department will report the recommendation of the CDB at the April 6, 2006 City Council meeting. P~~ ~~~~~ -- re/w~~~ ~fi~ , Originating Department: Planning Category: Code Amendments, Ordinances and Resolutions °~ Number of Hard Copies attached: ~' .~! Public Hearing: Yes ~' Advertised Dates: 03-06-2006 ~ ~4-03-2006 s ~ ~~ Review Approval:(Signature indicates approval.) http://netfyi/NetFYI/Clients/6c5eb04d-863 c-4ed0-9fb4-8d08defa3 eb0/Frm4006.htm 3/21 /2006 Untitled Document : FYIForm_view0 ~ge 0 ~ Page 2 of 2 Gina Clayton 03-16-2006 ...,11:48:56 _.._._. __...w~~ __...~..._..~. 1 ~... Michael Delk 03-16-2006 12:04:24 y ~. ~' _~ ~ ~~ S - „yam" http://netfyi/NetFYI/Clients/6c5eb04d-863 c-4ed0-9fb4-8d08defa3 eb0/Frm4006.htm 3/21 /2006 ~a~rat~~ City Council ~J Agenda Cover Memorandum Page 1 of 1 Item ID: 1984 Preferred Date: 04-06-2006 ~ Latest Possible Date: 04-06-2006 ~~'= Submitted: 03-09-2006 Actual Date: ~_ ~JU~~~~~~d~y. - The Planning Department is recommending a total of 30 amendments to the Community '~ Development Code. The amendments present a change in current policy or a new policy - issue and are outlined here: - Parking Requirements This ordinance increases the Residential Infill Project minimum parking space requirement for residential dwellings from 1 space to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. - Comprehensive Infill Redevelopment The ordinance proposes amendments to improve the flexibility criteria for Comprehensive Infill Redevelopment projects. - Density for Overnight Accommodations This ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. - Restaurants, permitted as a primary use in the IRT District The ordinance proposes to permit restaurants as a primary use through both minimum standard development and flexible standard development. - Parking of vehicles on grass, by City permission. This ordinance proposes to allow public purpose parking on grass surfaces, if approved by the City Manager or the Community Development Coordinator. Other amendments are editorial in nature, provide additional flexibility criteria, or , refinements to existing Community Development Code sections. Those amendments address parking restrictions. on residential lots, graffiti, and the removal or impounding of inoperative vehicles on public property. The definitions of "Community Development Coordinator", and "Retail Sales and Services" are amended. The ordinance also prohibits building projections and attachments, such as awnings or signs, from being garish or gaudy. Originating Department: _Plannn9 Cate o Code Amendments, Ordinances and Resolutions 9 ry _ ......................................................................................................................................................................................................._...................._.............................................................................................................. Number of Hard Copies attached: ~__,,,~ Public Hearing: Yes ~ Advertised Dates: 03-06-2006 04-03-2006 ____~ • Review Approval:(Signature indicates approval.) Gina Clayton 03-16-2006 11:48:56 ~ _ w....~._.._ _ ~~ Michael Delis 03-16-2006..._12:04:24! _..__~~..___~_____ ~__.__ _._ __ ____._____.__. f ~ ` ~ Subject / Recommendation: .4 ~°Additional Summary Space The Community Development Board (CDB) reviewed the proposed amendment at its regularly scheduled meeting on March 21, 2006, and recommended its approval to the City Council. The Planning Department will report the recommendation of the CDB at the April 6, 2006 City Council meeting. Attached Documents: If your Summary is greater than 4000 characters you will be prompted to attach a separate document for the Summary. Please enter the name of the attached summary above. Reynolds, Mike From: Dougall-Sides, Leslie Sent: Tuesday, April 04, 2006 11:27 AM To: Reynolds, Mike Subject: Title v. Body of Ordinance No. 7360-06 The problem is that the title says you are amending Section 2-1805 while the body amends Section 3-1805. Reynolds, Mike From: Dougall-Sides, Leslie Sent: Tuesday, April 04, 2006 11:09 AM To: Reynolds, Mike Cc: Hollander, Gwen; Diana, Sue Subject: FYI Agenda Item 2032 Importance: High I approved this in FYI, but the title is still incorrect in the FYI version. Please insert the correct Section No. in the title. Also, please remove TA No. from top of Ordinance. I will not sign the Ordinance until corrected. ~~ Brown, Steven From: Clayton, Gina Sent: Monday, March 27, 2006 3:17 PM To: Delk, Michael; Reynolds, Mike Cc: Brown, Steven Subject: RE: Ord. 7605-06 -Code II - - _. __~ _ _- YOU will need.to have this languageto`hand out at first reading_or see if the Clerk can.send it out the.Friday_before.the C F~ fee Ing _ .. -----Original Message----- From: Delk, Michael Sent: Monday, March 27, 2006 3:07 PM To: Clayton, Gina; Reynolds, Mike Cc: Brown, Steven. Subject: RE: Ord. 7605-06 -Code II ' Yes~We need to discuss and revise the envisioned character wording per the meeting discussion:--~ >~ ~ 1,,:. - _ - ~ - mld- -~ ? ~.. -----Original Message----- From: Clayton, Gina Sent: Monday, March 27, 2006 2:32 PM To: Delk, Michael Subject: FW: Ord. 7605-06 -Code II FYI -----Original Message---- From: Dougall-Sides, Leslie Sent: Monday, March 27, 2006 2:05 PM To: Reynolds, Mike; Goudeau, Cyndie Cc: Brown, Steven; Clayton, Gina Subject: RE: Ord. 7605-06 -Code II I have reviewed this version and have two comments: 1. on page 23., para. M.6. is struck thru but the word "are" is also underlined; this appears to be a typo. 2. At the CDB meeting there was mention by Michael Delk of reviewing the "envisioned character" language which . appears in several places following a comment by Member Fritsch. I will assume that any review did not lead to ordinance changes. Per Cyndie's comment, I continue to think the best approach is not to advertise ordinance titles until the ordinances are in final form. -----Original Message----- From: Reynolds, Mike Sent: Monday, March 27, 2006 1:52 PM To: Goudeau, Cyndie; Dougall-Sides, Leslie Cc: Brown, Steven; Dayton, Gina Subject: RE: Ord. 7605-06 -Code II Cyndie and Leslie, You may find it helpful to know that Ordinance 7605-06 in FYI, as of end of Friday, March 24, 2006, is the latest version of the code amendments. There is no other pending draft for this ordinance at this time. Mike -----Original Message----- From: Goudeau, Cyndie Sent: Monday, March 27, 2006 1:00 PM To: Dougall-Sides, Leslie Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Ord. 7605-06 -Code II Leslie -although you approved the item, you did not "sign" it, so I was not sure what the status was. Also, my a-mail re there needing to be amendments at first reading was based on conversation with someone (and I forget who) in Legal. If the version sent to the Council is final then no there would not need to be any amendments. I just don't like advertising ordinances that are not complete and I am uncomfortable with the ordinance continuing to morph even after the agenda item has been submitted. this is the way we wind up with wrong versions being signed and distributed. -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, March 27, 2006 11:15 AM To: Goudeau, Cyndie Cc: Reynolds, Mike; Hollander, Gwen Subject: FW: Ord. 7605-06 -Code II Importance: High Cyndie, Audit Trail shows I approved a version on 3/21, have not seen it in my FYI Worklist since. Also, please review current version to see whether you think amendments are needed at first reading re either the title or the body. Your e-mail below indicated they were. Before I looked back at your a-mail, I ended up advising Mike Reynolds on 3/24 that amendments would not be needed. I would like to revisit that... -----Original Message----- From: Goudeau, Cyndie Sent: Wednesday, March 15, 2006 3:28 PM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam; Dougall-Sides, Leslie; Diana, Sue; Dewitt, Gina Subject: FlN: Ord. 7605-06 -Code II Mike and Gina - I realize you have a lot on your plate and are trying to get a lot of things done. However, it causes me a lot of concern to find out that we are advertising titles of ordinances before those ordinances are completed and have been reviewed by Legal. In this particular case, Leslie has indicated that because things are being deleted from the title, we do not have to re-advertise the public hearings, yet. She also indicated she has received additional changes and does not have a final version for review. And even though we won't have to re-advertise, amendments will be needed at first readin4. Don't mean to be stepping on your toes but I get real nervous about making sure everyone has the final version and the final version is what is signed and distributed. -Cyndie -----Original Message----- From: Hollander, Gwen Sent: Wednesday, March 15, 2006 10:49 AM To: Goudeau, Cyndie Cc: Zitouni, Trish; Keenan, Stacy; Dougall-Sides, Leslie; Reynolds, Mike Subject: Ord. 7605-06 -Code II Attached is the revised title -draft ordinance (received from Mike Reynolds today). The original title has been advertised for public hearings for CDB 3/21/06,1st reading 4/20/06 and 2nd reading 5/4/06. « File: 7605-06.doc » Gwen Hollander Legal Department City of Clearwater 727-562-4013 Reynolds, Mike From: Clayton, Gina Sent: Monday, March 27, 2006 2:58 PM To: Reynolds, -Mike Subject: RE: Ord. 7605-06 -Code II I just wanted to know if Leslie approve it being added. Thanks. -----Original Message----- From: Reynolds, Mike Sent: Monday, March 27, 2006 2:49 PM To: Clayton, Gina Cc: Delk, Michael; Brown, Steven Subject: RE: Ord. 7605-06 -Code II . Gina, The restaurant language is added. Both FYI and Leslie's office (Gwen) have the restaurant language compliant with PPC and Countywide Rules.\ ' Mike -----Original Message----- From: Clayton, Gina Sent: Monday, March 27, 2006 2:35 PM To: Delk, Michael Cc: Reynolds, Mike; Brown, Steven Subject: FW: Ord. 7605-06 -Code II You may want to be prepared to revise the term "envisioned" for first reading. Also -Mike -what did you do with the restaurant language. did you add it to the ordinance or does council have to add this on first reading? -----Original Message----- From: Reynolds, Mike Sent: Monday, March 27, 2006 1:52 PM To: Goudeau, Cyndie; Dougall-Sides, Leslie Cc: Brown, Steven; Clayton, Gina Subject: RE: Ord. 7605-06 -Code II Cyndie and Leslie, You may find it helpful to know that Ordinance 7605-06 in FYI, as of end of Friday, March 24, 2006, is the latest version of the code amendments. There is no other pending draft for this ordinance at this time. Mike -----Original Message----- From: Goudeau, Cyndie Sent: Monday, March 27, 2006 1:00 PM To: Dougall-Sides, Leslie Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Ord. 7605-06 -Code II Leslie -although you approved the item, you did not "sign" it, so I was not sure what the status was. Also, my e-mail re there needing to be amendments at first reading was based on conversation with someone (and I forget who) in Legal. If the version sent to the Council is final then no there would not need to be any amendments. I just don't like advertising ordinances that are not complete and I am uncomfortable with the ordinance continuing to morph even after the agenda item has been submitted. this is the way we wind up with wrong versions being signed and distributed. -----Original Message----- From: Dougall-Sides, Leslie Sent Mnnrla~rch77.700611~15AM To: Goudeau, Cyndie Cc: Reynolds, Mike; Hollander, Gwen Subject: FW: Ord. 7605-06 -Code II Importance: High Cyndie, Audit Trail shows I approved a version on 3/21, have not seen it in my FYI Worklist since. Also, please review current version to see whether you think amendments are needed at first reading re either the title or the body. Your e-mail below indicated they were. Before I looked back at your a-mail, I ended up advising Mike Reynolds on 3/24 that amendments would not be needed. I would like to revisit that... -----Original Message----- From: Goudeau, Cyndie Sent: Wednesday, March 15, 2006 3:28 PM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam; Dougall-Sides, Leslie; Diana, Sue; Dewitt, Gina Subject: FW: Ord. 7605-06 -Code II Mike and Gina - 1 realize you have a lot on your plate and are trying to get a lot of things done. However, it causes me a lot of concern to find out that we are advertising titles of ordinances before those ordinances are completed and have been reviewed by Legal. In this particular case, Leslie has indicated that because things are being deleted from the title, we do not have to re-advertise the public hearings, reset. She also indicated she has received additional changes and does not have a final version for review. And even though we won't have to re-advertise, amendments will be needed at first reading. Don't mean to be stepping on your toes but I get real nervous about making sure everyone has the final version and the final version is what is signed and distributed. -Cyndie -----Original Message----- From: Hollander, Gwen Sent: Wednesday, March 15, 2006 10:49 AM To: Goudeau, Cyndie Cc: Zitouni, Trish; Keenan, Stacy; Dougall-Sides, Leslie; Reynolds, Mike Subject: Ord. 7605-06 -Code II Attached is the revised title -draft ordinance (received from Mike Reynolds today). The original title has been advertised for public hearings for CDB 3/21/06,1st reading 4/20/06 and 2nd reading 5/4/06. « File: 7605-06.doc » Gwen Hollander Legal Department City of Clearwater 727-562-4013 ~. i Remolds, Mike From: Dougall-Sides, Leslie Sent: Monday, March 27, 2006 2:05 PM To: Reynolds, Mike; Goudeau, Cyndie Cc: Brown, Steven; Clayton, Gina Subject: RE: Ord. 7605-06 -Code II I have reviewed this version and have two comments: on page 23., para. M.6. is struck thru but the word "are" is also underlined; this appears to be a typo. ~2. At the CDB meeting there was mention by Michael Delk of reviewing the "envisioned character" language which appears in several places following a comment by Member Fritsch. twill assume that any review did not lead to ordinance changes. Per Cyndie's comment, I continue to think the best approach is not to advertise ordinance titles until the ordinances are in final form. -----Original Message----- From: Reynolds, Mike Sent: Monday, March 27, 2006 1:52 PM To: Goudeau, Cyndie; Dougall-Sides, Leslie Cc: Brown, Steven; Clayton, Gina Subject: RE: Ord. 7605-06 -Code II Cyndie and Leslie, You may find it helpful to know that Ordinance 7605-06 in FYI, as of end of Friday, March 24, 2006, is the latest version of the code amendments. There is no other pending draft for this ordinance at this time. Mike -----Original Message----- From: Goudeau, Cyndie Sent: Monday, March 27, 2006 1:00 PM To: Dougall-Sides, Leslie Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Ord. 7605-06 -Code II Leslie -although you approved the item, you did not "sign" it, so I was not sure what the status was. Also, my e- mail re there needing to be amendments at first reading was based on conversation with someone (and I forget who) in Legal. If the version sent to the Council is final then no there would not need to be any amendments. just don't like advertising ordinances that are not complete and I am uncomfortable with the ordinance continuing to morph even after the agenda item has been submitted. this is the way we wind up with wrong versions being signed and distributed. -----Original Message----- From: Dougall-Sides, Leslie Sent: Monday, March 27, 2006 11:15 AM To: Goudeau, Cyndie Cc: Reynolds, Mike; Hollander, Gwen Subject: FW: Ord. 7605-06 -Code II Importance: High Cyndie, Audit Trail shows I approved a version on 3/21, have not seen it in my FYI Worklist since. Also, please review current version to see whether you think amendments are needed at first reading re either the title or the body. Your e-mail below indicated they were. Before I looked back at your a-mail, I ended up advising Mike Reynolds on 3/24 that amendments would not be needed. would like to revisit that... -----Original Message----- .~,. From: Goudeau, Cyn'+1~ Sent: Wednesday, March 15, 2006 3:28 PM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam; Dougall-Sides, Leslie; Diana, Sue; Dewitt, Gina Subject: FW: Ord. 7605-06 -Code II Mike and Gina - I realize you have a lot on your plate and are trying to get a lot of things done. However, it causes me a lot of concern to find out that we are advertising titles of ordinances before those ordinances are completed and have been reviewed by Legal. In this particular case, Leslie has indicated that because things are being deleted from the title, we do not have to re-advertise the public hearings, ~. She also indicated she has received additional changes and does not have a final version for review. And even though we won't have to re-advertise; amendments will be needed at first reading. Don't mean to be stepping on your toes but I get real nervous about making sure everyone has the final version and the final version is what is signed and distributed. -Cyndie -----Original Message----- From: Hollander, Gwen Sent: Wednesday, March 15, 2006 10:49 AM To: Goudeau, Cyndie Cc: Zitouni, Trish; Keenan, Stacy; Dougall-Sides, Leslie; Reynolds, Mike Subject: Ord. 7605-06 -Code II Attached is the revised title -draft ordinance (received from Mike Reynolds today). The original title has been advertised for public hearings for CDB 3/21/06,1st reading 4/20/06 and 2nd reading 5!4/06. « File: 7605-06.doc » Gwen Hollander Legal Department City of Clearwater 727-562-4013 CDB Meeting Date: March 21, 2006 Case: TA2006-01001 Ordinance No.: 7605-06 Agenda Item: F 1 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: ~ Amendments to the Community Development Code revising the Comprehensive Infill Redevelopment Projects flexibility criteria, increasing density for overnight accommodations, increasing parking requirements for attached dwellings as Residential Infill projects, permitting restaurants as a stand alone use through both minimum standard development and flexible standard development, and revising code provisions to improve enforcement of the code. INITIATED BY: City of Clearwater Planning Department BACKGROUND INFORMATION: Since the passage of the Community Development Code in 1999, the. Planning Department has reviewed the Code as it applies to certain proposed development and the City process of development review applications. City of Clearwater staff has provided input aimed at improving the Code based on how staff has experienced the Code's performance in various circumstances. City staff developed a list of existing Community Development Code provisions that should be amended to better reflect City development patterns and improve internal processes. As part of the code update process, suggested amendments have been collected from the Planning and Development Services Departments. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. ANALYSIS: The Planning Department is recommending a total of 30 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy issue. Other amendments are editorial in nature, provide additional flexibility criteria, or are refinements to existing Community Development Code sections. Page 1 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report ~ ~ Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided here. Also attached is Ordinance No. 7606-06 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zoning Districts ^ Parking Requirements (Pages 30 - 34 of Ordinance) Ordinance No. 7605-06 increases the Residential Infill Project minimum parking space requirement for residential dwellings, from 1 spaces to 2 spaces per unit in the LDR, LMDR, MDR, and MHDR Zoning Districts. This amendment addresses concerns raised by the Planning Department, the City Council, and the public regarding the need for additional parking for new residential development. ^ Comprehensive Infill Redevelopment (Pages 3 - 30 of Ordinance) This ordinance includes proposed amendments to improve the flexibility criteria for proposed Comprehensive Infill Redevelopment projects. The proposed criteria focuses on minimizing impacts on surrounding properties, encouraging compatibility between adjacent land uses, meeting certain use objectives, and improving the quality of design. ^ Density for Overnight Accommodation Units (Page 6 of Ordinance) In an effort to provide incentives for hotel development in Clearwater, this ordinance proposes an increase in the number of overnight accommodation units per acre, from 40 units per acre to 50 units per acre. This increase is consistent with density provisions set forth in the Clearwater Comprehensive Plan. ^ Restaurants, permitted as a primary use in the IRT District (Pages 20 - 24 of Ordinance) This ordinance proposes an amendment to permit restaurants as a primary use through both minimum standard development and flexible standard development. The current provisions restrict restaurants to accessory uses. Article 3 - Develoument Standards ^ Parking of vehicles on grass, by City permission (Page 34 of Ordinance) In order to accommodate public purpose parking on grass surfaces, City of Clearwater administrative staff will consider permission on a case-by-case basis. Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report r ~ Other Amendments Proposed Ordinance 7605-06 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: • Prohibiting graffiti; • Authorizing specific personnel to remove and impound inoperative vehicles on public property; and • Amending definitions. 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 is a selected list of goals, policies, objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: • Goal 2 -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. The proposed ordinance strengthens the Comprehensive Infill criteria with regard to design criteria and neighborhood compatibility. It also increases hotel density to encourage hotel redevelopment. • Goal 4 -The City of Clearwater shall ensure that all development or redevelopment initiatives meet the safety, environmental, and aesthetic needs of the City through consistent implementation of the Community Development Code. The proposed amendments provide for increased parking requirements for residential development. 2. The proposed amendments Development Code and othe implement the Plan. further the purposes of the Community r City ordinances and actions designed to The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, flexibility criteria, procedures, enforcement and .definitions. Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. They also further the original redevelopment goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal process. The Planning Department Staff recommends APPROVAL of Ordinance No. 7605-06 which makes revisions to the Community Development Code. Prepared by Planning Department : ~~ ~-~~ /, ~.t~,^~~ Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7605-06 S:IPlanning DepartmentlCommunity Development Code12006 Code Amendmentsll ST QUARTER 20061Final Staff Report -2006 Amendments Ordinance No. 7605-06.doc Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7605-06 Staff Report Reynolds, Mike From: Dougall-Sides, Leslie Sent: Wednesday, March 15, 2006 9:52 AM To: Reynolds, Mike Cc: Hollander, Gwen Subject: RE: Code II, Ordinance No. 7605-06 Mike: 1. No event on that date comes to mind, it may refer to effective date of another ordinance or Plan. 2. Yes you may omit this wording; Gwen, please take action to change title on our version of the Ordiannce, notify Clerk, and change title for the first reading at CC. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, March 15, 2006 9:23 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Clayton, Gina; Delk, Michael Subject: Code II, Ordinance No. 7605-06 Leslie, 1. What follows is part of the proposed Code II amendments, to amend Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development Flexibility Criteria. for Restaurants. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was. not in common ownership with any contiguous property on MaY 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Note that the wording proposed above is also found in the exiting code for the Commercial District flexibility criteria for restaurants. Do you know the significance of the May 1, 1998 date cited? 2. The existing title for Ordinance No. 7605-06 has already been noticed. Can two sections of the title, AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF-WAY LINE; be removed from the title at the time of the CDB hearing on March 21, 2006? Thank you for your help. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com Reynolds, Mike From: Reynolds, Mike Sent: Wednesday, March 15, 2006 9:23 AM To: Dougall-Sides, Leslie Cc: Brown, Steven; Clayton, Gina; Delk, Michael Subject: Code II, Ordinance No. 7605-06 Leslie, 1. What follows is part of the proposed Code II amendments, to amend Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development Flexibility Criteria for Restaurants. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; Note that the wording proposed above is also found in the exiting code for the Commercial District flexibility criteria for restaurants. Do you know the significance of the May 1, 1998 date cited? 2. The existing title for Ordinance No. 7605-06 has already been noticed. Can two sections of the title, AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF-WAY LINE; be removed from the title at the time of the CDB hearing on March 21, 2006? Thank you for your help. Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com • Reynolds, Mike From: Reynolds, Mike Sent: Tuesday, February 28, 2006 1:52 PM To: Brown, Steven; Clayton, Gina Subject: Letter to PPC with proposed Code I1; TA2006-01001; Ordinance No. 7605-06 Steven and Gina, The consistency requirement review request letter with the draft Ordinance No. 7605-06 was hand-delivered to David Healey's office this morning. Attached are electronic copies. Please note that I have edited the ordinance further, having proof read it along side its predecessor, Ordinance No. 7449-05, aka Code I. TA2006-O1001Lettecode amendments r to PPC.doc draft 2_28_06 ... Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com i • Reynolds, Mike From: Brown, Steven Sent: Tuesday, February 21, 2006 8:13 AM To: Clayton, Gina Cc: Reynolds, Mike Subject: RE: Comp. Infill revisions Mike will circulate the latest draft of Code II for Development Review staff review today. Our proposal for the code amendment procedure will include a structured process for staff review and input, and will hopefully, provide ample opportunity for staff to comment, and for Mike to make any necessary changes early in the process. To that end, we would like to meet with yourself and Mike Delk as soon as you have had an opportunity to review the proposed procedure. Thanks Steven -----Origina l Message----- From: Clayton, Gina Sent: Friday, February 17, 2006 4:55 PM To: Reynolds, Mike Cc: Brown, Steven Subject: Comp. Infill revisions Did you redistribute your revised draft of the comp. infill provision to the development review staff? If not, could you do that? Thanks. Wayne brought up a good point about one of the residential infill changes and we should discuss with John. See me next week about it please. Thanks. Gina L. Clayton Assistant Planning Director City of Clearwater gina.clayton@myclenrwnter.com 727-562-4587 Reynolds, Mike From: Reynolds, Mike Sent: Tuesday, February 21, 2006 8:48 AM To: Thompson, Neil; Wells, Wayne; Schodtler, John; Kurleman, Scott; Babcock, Julia; Everitt, Steven; Sullivan, Robert "Scott' ; Albee, Rick; Tefft, Robert Cc: Delk, Michael; Clayton, Gina; Brown, Steven; Jarzen, Sharen; Ready, Cky Subject: Code II and Comp Infill Development review planners, Attached is the latest Code II amendments draft. The comp infill flexibility criteria provisions within the draft are reflective of our discussion, on the same subject, which took place at our Friday morning staff meeting on January 27. Let me know of your comments. code amendments draft 2_14_06.... Thank you for your input! Mike Michael H. Reynolds, AICP Planning Department City of Clearwater Tel. # 727-562-4836 E-mail: mike.reynolds@myclearwater.com Reynolds, Mike From: Clayton, Gina Sent: Friday, February 17, 2006 4:55 PM To: ~ Reynolds, Mike Cc: Brown, Steven Subject: Comp. Infill revisions Did you redistribute your revised draft of the comp. infill provision to the development review staff? If not, could you do that? Thanks. Wayne brought up a good point about one of the residential infill changes and we should discuss with John. See me next week about it please. Thanks. Ginn L. Clayton Assistant Planning Director City of Clearwater ginn.claytonC~myclearwater.com 727-562-4587 - ~ Q ~ PINELLAS PLANNING COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil March 10, 2006 Mr. Michael Reynolds, Planner III City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 3.3756 ~15~V~ ~~5~~ D COUNCIL n n Mayor Beverley Billiris Councilmember David W. "Bill" Foster Mayor Dick Holmes Mayor Robert E. Jackson, Ph.D. Vice-Mayor Jerry Knight School Board Member Linda S. Lerner Vice-Mayor Deborah L. Martohue Commissioner John Morroni Commissioner Nadine S. Nickeson David P. Healey, AICP Executive Director RE: Review of Proposed Community Development Code Amendments (Ordinance No. 7605-06) for Consistency with the Countywide Rules Dear Mr. Reynolds: We are in receipt of your letter dated February 28, 2006, regarding the proposed amendments to the City's Community Development Code referenced above. Pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the proposed amendments for consistency with the Countywide Rules as follows: • The proposed amendment to Sections .2-1302 and 2-1303, allowing restaurants as a permitted use in the City's Industrial Research and Technology (IRT) zoning district, is potentially inconsistent with the Countywide Rules. Per Section 2.3.3.6.1 of the Countywide Rules, language needs to be added to address the acreage limitation for non-industrial secondary uses, including restaurants, which are not part of a master development plan, in the Industrial Limited (IL) category. Also, per Section 2.3.3.6.2 of the Countywide Rules, language needs to be added to address that Retail Commercial; Personal Service/Office Support; and. CommerciaUBusiness Service shall be allowed only as an accessory use, located within the structure to which it is accessory, and not exceed twenty-five (25%) percent of the floor area of the principal use to which it is accessory in the Industrial General (IG) category. • The proposed amendment to Section 2-801.1, increasing density for overnight accommodation units, is consistent with the Countywide Rules, specifically Section 4.2.3 Density/Intensity Standards. PLANNING FOR THE PINELLAS COMMUNITY ~;. • • The additional amendments to the City's Community Development Code, regarding parking, graffiti, color standards, and other minor changes to development standards, are not governed by the consistency criteria of the Countywide Rules and therefore not subject to the consistency provisions. We would urge that these issues be addressed prior to making the proposed amendment in order to maintain consistency, as is required, pursuant to the Countywide Rules. Thank you for transmitting these code amendments for review. Please call me if you should need additional clarification on this correspondence. Also, please note that upon adoption, a copy of the final ordinance as adopted, and any subsequent codification they°eo ;must be filed with us. Sincerely, ' `~ i' Michael C. Crawford, AICP Planning Manager cc: Councilmember Hoyt Hamilton, PPC Representative Michael Delk, Planning Director H:\USERS\WPDOCSULULES\Consistenty Determinations\CLEARWAI"\CD06-Lclw.doc .,~~~, ` .. _ ri7ens'~. ,~~.. ,~~ a~~ _ ~'Q4 i; ~ q ~l-"~'AT ER~~'° ~'''..idi~~~ LONG RANGE PLANNING DEVELOPMENT REVIEW February 28, 2006 CITY OF CLEARWATER PLANNING DEPARTMENT ' POST OFFICE BOX 474H, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL, SERVICIiS BUILDING, lOO SOUTH MYRTLE AVENUE:, CLFr1RWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 Mr. David Healey, AICP . Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, F133755 Re: Draft Ordinance No. 7605-06 (ITEM NO.: TA2006-01001) Dear Mr. Healey:. Pursuant to Div.3.2 CONSISTENCY REQUIREMENT of The Countywide Plan Rules, the City of Clearwater is submitting a set of proposed amendments to the City of Clearwater Community Development Code for your receipt and for consistency review. These proposed amendments are scheduled for a public hearing by the local planning agency on March 21, 2006. The City Council first reading date is Apri16, 2006, and second reading date is Apri120, 2006. Sincerely yours, ~~ ~~ ~. Michael H. Reynolds, AICP Planner. III cc: Gina Clayton,. Assistant Planning Director Steven Brown,. Long Range Planning Manager 1 S: IPlnnning DepnrtmentlCommunity Development Code12006 Code AmendmentsllST QUARTER 20061PPC CorrespondencelTi12006- OIOO1Letter to PPC.doc DRANK HIBI3nRD, MAYOR I3u,LJor;soN, Vice-Mnvoi< J(mN DoienN, C(nmcu.~utwsrat 1-I(~rr }-Ini\111:IY)N, Ccxm(:u.Menliteie ® Cniti.r:N A. PereRSeN, Ccn;NCii au•:ausiat ~~I,QUAI. ISMI'LOYMIiN'I' nNn AI'FIRMA"IlVli A(:'I'ION I?MI'L(>1'1?R~~ ~, DRAFT, 2-28-06 TA2006-01001 _~ ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND -AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING .RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR ,IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF- WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, .COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS Ordinance No. 7605-06 II • ~ AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000- 50--100 25 15--25 0-10 10-20 5 per 1,000 Bevera a Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards Indoor 3,500-- 30--100 25-50 15--25 0--10 10-20 3--5/1000 SF Recreation/ 10,000 GFA or 3- Entertainment 5/lane, 1- 2/court or 1 /machine 2 Ordinance No. 7605-06 ~ ~ Light Assembly 5,000- 50-100 25 15-25 0--10 10--20 4--5 spaces 10,000 er 1,000 GFA Limited Vehicle 5,000-- 50-100 25 15-25 0-10 10-20 4-5 spaces Service 10,000 er 1,000 GFA Marina 5,000- 50 25 25 10 20 1 space per 2 Facilities 20,000 sli s Mixed Use 5,000- 50-100 25--50 15--25 0--10 10-20 4-5 spaces 10,000 er 1,000 GFA Nightclubs 5,000- 50-100 25 15-25 0-10 10-20 10 per 1,000 10,000 GFA Offices 3,500-- 30--100 25--50 15-25 0-10 10-20 3-4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15-25 0-10 10-20 n/a Parkin Outdoor 20,000 100 25 15-25 10 10-20 1-10 per Recreation/ 1,000 SQ FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000- 100-200 25--50 15-25 0-10 10-20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15-25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500- 35-100 25--50 15-25 0-10 10-20 7-15 spaces 10,000 er 1,000 GFA Retail Sales 3,500- 30-100 25-50 15-25 0-10 10-20 4-5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000- 50-100 25--50 15-25 0-10 10--20 3-4 spaces Service 10,000 per 1,000 GFA A encie Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000-- 100-200 25 15-25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-- 50-100 25 15--25 0-10 10-20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Boardin ~+~ Ordinance No. 7605-06 (~ Social/public service agencies shall not exceed five acres. *********** Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel esed-#ef ~elep~e~ is otherwise impractical without deviations from the use, intensity and development standards; ~-2. The uses are otherwise permitted in the underlying future land use categoN; 4-3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 5- ~5. o~-The form and function of the .proposed development ~v#isf~ eq#a~ses will enhance the community character of the adjacent properties ~.6. 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; ' ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be 4 Ordinance No. 7605-06 ~~ available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35-100 0-15 0-10 10-20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50-100 35-100 0--15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35-100 0--15 0-10 10-20 n/a 4-5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0-10 10--20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35--100 0--15 0-10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0--15 0-10 10--20 n/a 3-4 spaces per 1,000 GFA 5 Ordinance No. 7605-06 Outdoor 5,000 50 35 5-15 0-10 10-20 n/a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100-150 35-100 0-15 0--10 0--20 40 1 per unit Accommodations - rooms/acre 20,000 Restaurants 5,000- 50--100 25-100 0-15 0--10 10--20 n/a 7-15 10,000 spaces per 1,000 GFA Retail sales and 5,000-- 50--100 35-100 0-15 0-10 10--20 n/a 4--5 spaces services 10,000 per 1,000 GFA *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel ese~d#e~ is otherwise impractical without deviations from the use, intensity and development standards; 3-2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses ~efest are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 6 Ordinance No. 7605-06 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~- ~5. sreafe'ra-The form and function of the proposed development wk-+sl~ e~ will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. a. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 "D" Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Develo ment Standards Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30-100 3--5 er 1,000 GFA Attached Dwellin s 30--100 1-1.5 er unit Comprehensive In~fill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3-5 er 1,000 GFA Indoor 30--100 3-5 per 1,000 GFA Recreation/Entertainment Facili Limited Vehicle Sales and 30 2--4 per 1,000 GFA Dis la 7 Ordinance No. 7605-06 Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3-10 er 1,000 GFA Offices 30--100 1-3 er 1,000 GFA Overnight Accommodations 50-100 .75-1 per unit Public Facilities 30-100 1-2 er 1,000 GFA Restaurants 30--100 5-15 er 1,000 GFA Retail Sales and Service 30--100 2--4 er 1,000 GFA Social/Public Service A encies 30--100 3-4 per 1,000 GFA Telecommunication. Towers Refer to Section 3- 2001 n/a Flexibility ~~ criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel ~epes~e~-fer develep~e~is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses prejes~are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 8 Ordinance No. 7605-06 8-5. ^r°~a-The form and function of the proposed development ~+s#} ea#~atases will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ff.) (ft.) Parking ff. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(-~ development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15-35 10-20 10--20 5/1,000 GFA Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Nursing Homes 20,000 100 30--50 15-35 10-20 10-20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2-3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a 9 Ordinance No. 7605-06 Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 N Radio Studios 20,000- 100-200 35--80 15--35 10-20 10-20 3-5/1,000 40,000 GFA *********** Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel ~epese~#-#et: is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4-3. The uses or mix of uses p~ejec~ are compatible.with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~. 10 Ordinance No. 7605-06 6.5. ef'eafes-a The form and function of the proposed development w#isl~ ealaa~ses will enhance the community character of the adjacent properties ~.6. 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; ~.7. 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 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project (~-} development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15-25 10-15 0--20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15-20 30 4--5 per 1000 Communi Centers GFA Social/Public 10,000-- 100 15-25 10 15-20 30 2-3 per 1,000 Service A encies 20,000 GFA Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 11 Ordinance No. 7605-06 ~ ~ *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel esed~e~ c~evele~n~t is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 5:4. The site will fit within the existing urban pattern of the neighborhood or land use area; a - 0`5. The form and function of the proposed development will enhance the community character of the adjacent properties ~6. 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; ~7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be 12 Ordinance No. 7605-06 available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n!a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 _ 15 50 2/1,000 SF GFA Technolo Restaurants 10.000 200 20 15 50 15 spaces aer 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mans er's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF /Warehouse Facili GFA *********** Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: 13 Ordinance No. 7605-06 Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front" Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 1'5 30 1-10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 . 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurantsu aEa-5,000 - ala 50 -100 ala 20 +~a 15 f-/a 30 aJa 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mana ers office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facili GFA ~~x~~r~xxx~x Restaurants as an accessory or incidental use to a manufacturing use will not require Flexible Standard Development application for review. 14 Ordinance No. 7605-06 Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3 - 4. d+s~ist; ~ 2. Off-street parking: The physical characteristics of a proposed shared building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; ~. 3. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1,.1998 or the reduction in lot area will not result in a building which is out of scale with existina buildinas in the immediate vicinity of the parcel roposed for development: Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 15 Ordinance No. 7605-06 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front"' Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment ~ the community Project() development director based on the specific use and/or ITE Manual standards Nightclubs(~2) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for mans er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 54 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 *********** *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive Infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive Infill redevelopment projects. The development or redevelopment of the parcel used-#sr 16 Ordinance No. 7605-06 is otherwise impractical without deviations from the use, intensity and development standards; 3.2. The uses are otherwise permitted in the underlying future land use category; 4-3. The uses or mix of uses ' are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; ~-4. The site will fit within the existing urban pattern of the neighborhood or land use area; ~5. p~ejes~sreates-a The form and function of the proposed development will enhance the community character of the adjacent properties ' ~6. 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; ~7. 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 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: 17 Ordinance No. 7605-06 Section 2-1404 Flexible development. • Table 2-1404. "OSR" District Flexible Development Standards Table 2-1404. "OSR" District Flexible Staadar~ Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project( coordinator based on the specific use and/or ITE Manual standards Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment. of the parcel ~epesed-#ef r~ae~ is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; a-4. The site will fit within the existing urban pattern of the neighborhood or land use area; 18 Ordinance No. 7605-06 ~:5. The form and function of the proposed development will enhance the community character of the adjacent properties' ~6. 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; and ~7. 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 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000-- 50--100 25 5-15 5-25 .30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10-25 0-15 0-25 30 ~ 2/unit Pro'ect 3 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** 19 Ordinance No. 7605-06 • Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by -the community development director based on the ITE Manual standards Residential n/a n/a 10-25 0--15 0-15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students *********** Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15-25 5 5--15 30 2/unit Residential Infill Pro'ects 3 n/a n/a 10--25 0--5 0--15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a 20 Ordinance No. 7605-06 • *********** • Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Se#backs (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000- 5,000 25-50 15-25 2--5 5-15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. 21 Ordinance No. 7605-06 Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities residents Attached 10,000 100 25 5 10 30--50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30--50 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10-25 0-5 0-10 30-50 ~ 2/unit Pro'ects 2 *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15-25 0-10 10-15 30-50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15-25 0-10 10-15 30 1/unit Accommodations 22 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10--25 0--10 0-15 30 ~- 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.8, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. Parking on the grass or other permeable. surface may be permitted at any location approved by the City Manager or the Community Development Coordinator for public purpose or development needs. *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of--way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district, between any portion of the nrincigal structure and the riaht-of-way line. uq to a maximum of two frontages: *********** 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a rq ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this 23 Ordinance No. 7605-06 ~ ~ provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, naate~ial•. Materials not permitted include crushed shell, mulch, millings or similar material *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector spesiat+et. A law enforcement officer, traffic enforcement officer or code enforcement e#f+se~ inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement e#f~ser inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 3, Development Standards, Section 3-1803.1, Prohibited signs, is amended as follows: I. Sandwich board signs. , Section 30. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department of responsible for the planning functions of the city, or any person designated to act on behalf of the director. 24 Ordinance No. 7605-06 *********** Parkin_g area, between principal structure and any right-of-way line means any area other than a side yard or rear yard. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ;grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 31. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No buildings or its projections and attachments, such as any sign or awnin shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 32. Amendments to the Land Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 33. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 34. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 35. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. 25 Ordinance No. 7605-06 Section 36. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 26 Ordinance No. 7605-06 r ~ Clearwater U FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 FAX: ~~ ~ / !~ ~~~ FROM• ~/ /~~~~~c/" Phone• (~~ Z "~~~+~ DATE: ~~l ~f~~ SUBJECT: ~~ ~ ~G6 J"-TJ~ MESSAGE: NUMBER OF PAGES(INCLUDING THIS PAGE) DRAFT, 2-28-06 ~ ~.5. creates-a The form and function of the proposed development ~v#ic# maces will enhance the community character of the adjacent properties ~.6. 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; ~.7. 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 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1204. "I" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project (~} development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15--25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15-20 30 4-5 per 1000 Communi Centers GFA Social/Public 10,000-- 100 15--25 10 15-20 30 2--3 per 1,000 Service A encies 20,000 GFA Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 11 Ordinance No. 7605-06 ©© rr~~ rr~~ pp~~ RTC G-~C,~V~ *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel ess~#e~ ~eut is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; a-4. The site will fit within the existing urban pattern of the neighborhood or land use area; ~5. The form and function of the proposed development will enhance the community character of the adjacent properties ~6. 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; ~-7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Division 14 of Article 3 will be 12 Ordinance No. 7605-06 DRAFT, 2-28-06 • available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" Dis trict Minimum Standard Develo ment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft. Front Side/ Rear Accesso Dwellin s 5,000 50 20 15 50 1/unit Governmental Uses 1 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) 2 Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technolo Restaurants 10,000 200 20 15 50 15 spaces per 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for mana er's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20.,000 200 20 15 50 1.5/1,000 SF !Warehouse Facili GFA *********** Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: 13 Ordinance No. 7605-06 'DRAFT, 2-28-06 • Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Stand ard Develo ment Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft. Front" Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor Stora a 10,000 100 20 15 30 3/1,000 SF GFA Parkin Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities 1 Research and Technolo 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters 2 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurantsf~ aEa-5.000 - a/a 50 -100 a/a 20 a/a 15 +~la 30 w!a 7-15 spaces 10 000 er 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for mans er's office N/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure n/a n/a 20 15 n/a n/a Facilities 3 Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area Sales/Dis la s 4 Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal Groomin Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facilit GFA (5) Restaurants as an accessory or incidental use to a manufacturing use will not require Flexible Standard Development application for review. 14 Ordinance No. 7605-06 DRAFT, 2-28-06 ~ Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: M. Restaurants. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3 - 4 . ~ 2. Off-street parking: The physical characteristics of a proposed shared building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; 8 - ~. 3. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 4. Lot area and width: The parcel proposed for development was an existing lot of less than 10,000 square feet and was not in common ownership with any contiguous property on May 1, 1998 or the reduction in lot area will not result in a building which is out of scale with existina buildinas in the immediate vicinity of the parcel roposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 15 Ordinance No. 7605-06 DF~AFT, 2-2~-06 "IRT" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1304. "IRT" District Flexible Develo ment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street s . ft. ft. Parkin Front' Side/Rear Adult Uses 1 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive Infill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(23 development director based on the specific use and/or ITE Manual standards Nightclubs(32) 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 3 Salvage Yards 40,000 200 20 15 30 1/200 SF of offices ace Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for mans er's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service A encies 54 Telecommunication 10,000 50 25a 10/20 Refer to Section n/a Towers 3-2001 *********** *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel 16 Ordinance No. 7605-06 `DRAFT, 2-28-06 ~ develepnae~t is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; ¢3. The uses or mix of uses ' are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; a-4. The site will fit within the existing urban pattern of the neighborhood or land use area; ~5. The form and function of the proposed development will enhance the community character of the adjacent properties ' ~6. 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; ~7. 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 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: 17 Ordinance No. 7605-06 .DRAFT, 2-28-06 • Section 2-1404 Flexible development. Table 2-1404. "OSR" District Flexible Development Standards Table 2-1404. "OSR" District Flexible ~ Develo ment Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ~ ft. Parkin Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards a~+9F~ Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive Infill redevelopment projects. 1. The development or redevelopment of the parcel ese~-fey develeer~ is otherwise impractical without deviations from the use, intensity and development standards; ~.2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses are compatible with existing adjacent land uses, or those that could be developed in the district in which the groperty is located; a:-4. The site will fit within the existing urban pattern of the neighborhood or land use area; 18 Ordinance No. 7605-06 1 ~~~T, z~~~o~ ~5. The form and function of the proposed development will enhance the community character of the adjacent properties ~6. 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; and ~:7. 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 irrthe immediate vicinity of the parcel proposed for development. Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: 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. Table 2-103. "LD R" District Flexible Standard Develo ment Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Detached 10,000- 50-100 25 5-15 5-25 30 2/unit Dwellin s 20,000 Residential Infill n/a n/a 10--25 0-15 0-25 30 ~ 2/unit Pro'ect 3 Utility/ n/a n/a 25 15 25 n/a n/a Infrastructure Facilities 2 *********** 19 Ordinance No. 7605-06 `DRAFT, 2-28-06 Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended 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. Table 2-104. "LDR" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 10,000 100 25 10 15 30 2/unit Dwellin s Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10--25 0-15 0-15 30 ~ 2/unit Infill 2 Schools 40,000 200 25 15 25 30 1/3 students *********** Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended 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. Table 2-203. "LMDR" District Flexible Standard Develo ment Use Min. Lot Size (sq. ft. Min. Lot Width (ft.) Min. Setbacks (ft.} Max. Height (ft.) Min. Off-Street Parking Front Side Rear(1) Attached Dwellin s 10,000 100 25 10 15 30 2/unit Detached Dwellin s 5,000 50 15--25 5 5--15 30 2/unit Residential Infill Pro'ects 3 n/a n/a 10--25 0--5 0--15 30 ~ 2/unit Utility/Infrastructure Facilities 2 n/a n/a 25 10 15 n/a n/a 20 Ordinance No. 7605-06 DRAFT, 2-28-06 ~ *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended. 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. Table 2-204. "LMDR" District Flexible Develo ment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street s . ft. ft. ft. Parkin Front Side Rear(1) Attached 10,000 100 25 5 15 30 2/unit Dwellin s Detached 3,000-- 5,000 25--50 15--25 2-5 5--15 30 2/unit Dwellin s Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkin Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 ~ 2/unit Infill Pro'ects 2 Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended 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. 21 Ordinance No. 7605-06 .DRAFT, 2-28-06 Table 2-304. "MDR" District Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities residents Attached ~ 10,000 100 25 5 10 30--50 2/unit Dwellin s Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin Overnight 20,000 100 25 5 10 30-50 1/unit Accommodations Parks and n/a n/a 35 20 ~ 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential Infill n/a n/a 10--25 0--5 0-10 30--50 ~ 2/unit Pro'ects 2 *********** Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended 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. Table 2-404. "MHD R" Flexible Develo ment Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear(1) Attached 15,000 150 15--25 0-10 10--15 30--50 2/unit Dwellin s Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkin 2 Overnight 15,000 150 15-25 0--10 10-15 30 1/unit Accommodations 22 Ordinance No. 7605-06 DRAFT, 2-28-06 • Parks and n/a n/a 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residential Infill n/a n/a 10-25 0--10 0--15 30 ~ 2/unit Pro'ects 3 Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.8, Parking lot surfaces, is amended as follows: B. Grass surface. *********** 3. Parking on the grass or other permeable surface may be permitted at anv location approved by the City Manager or the Community Development Coordinator for public purpose or development needs. *********** Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of--way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district, between anv portion of the principal structure and the right-of-way line, up to a maximum of two frontages *********** 4. Exception to prohibition of parking on unpaved areas on single family and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a rg ass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this 23 Ordinance No. 7605-06 • • Df~AFT. 2-28-0~ provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, n3aferia~L. Materials not permitted include crushed shell, mulch, millings or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.8. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall, post, column, or other building or structure, or to a tree, or other exterior surface, publicly or privately owned, within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector spec~iat+st. A law enforcement officer, traffic enforcement officer or code enforcement e#ise~ inspector is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement inspector who intends to remove, have removed, or impounded any inoperative vehicle under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 3, Development Standards, Section 3-1803.1, Prohibited signs, is amended as follows: I. Sandwich board signs. , Section 30. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department e# responsible for the planning functions of the city, or any person designated to act on behalf of the director. 24 Ordinance No. 7605-06 • • CRAFT. L-2°O~ *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including ,grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, , and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 31. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its projections and attachments, such as any sign or awnin shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 32. Amendments to the Land Development Code of the City of Clearwater (as .originally adopted by Ordinance No. 6348-99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 33. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 34. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 35. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 36. This ordinance shall take effect immediately upon adoption. 25 Ordinance No. 7605-06 ~R~FTy G.-GO~tJ s PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 26 Ordinance No. 7605-06 Mar. 15 2006 08:58AM YOUR LOGO . YOUR FAX N0. 7275624865 N0. OTHER FACSIMILE START TIME USAGE TIME MODE PAGES RESULT 01 94616430 Mar. 15 08:52AM 06'06 SND 17 OK TO TURN OFF REP~2T, PRESS 'MENU' #04. THEN SELECT OFF BY USING '+' OR '-'. FOR FAX ADVANTAGE ASSISTANCE, PLEASE CALL 1--HELP-FAX (435-73291. ~- ! Clearwater FAX COVER MEMO CITY OF CLEARWATER PLANNING DEPARTMENT 100 S. MYRTLE AVE., 2nd Floor CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 FAX: ~Ll ° ~ y /~ --~ FROM• ~~~.1-~~~f Phone• ~ ~ - ~ ~ 3 DATE:_ ~, ~/~ - ~ ~ SUBJECT: ~~~~~ r e ~ ~~ d~~ ~~ MESSAGE: ~/, NUMBER OF PAGES(INCLUDING THIS PAGE) n CT s~'}} I ~ ~°G" TA2006-01001 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF- WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 7605-06 . ~ AFT, 2-2®O~ WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning Districts, Section 2-704, Table 2-704 "C" Flexible Development Standards, is amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Develo ment Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street s . ft. ft. ft. Parkin Alcoholic 5,000-- 50-100 25 15--25 0--10 10--20 5 per 1,000 Bevera a Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development Project(} coordinator based on the specific use and/or ITE Manual standards Indoor 3,500-- 30-100 25--50 15-25 0--10 10-20 3-5/1000 SF Recreation/ 10,000 GFA or 3-- Entertainment 5/lane, 1-- 2/court or 1/machine Light Assembly 5,000-- 50--100 25 15--25 0--10 10--20 4-5 spaces 10,000 er 1,000 GFA Limited Vehicle 5,000-- 50--100 25 15--25 0--10 10--20 4--5 spaces Service 10,000 er 1,000 GFA 2 Ordinance No. 7605-06 C T r~ r~ Q Marina 5,000-- 50 25 25 10 20 1 space per 2 Facilities 20,000 sli s Mixed Use 5,000-- 50--100 25--50 15--25 0--10 10--20 4--5 spaces 10,000 er 1,000 GFA Nightclubs 5,000-- 50--100 25 15--25 0--10 10--20 10 per 1,000 10,000 GFA Offices 3,500-- 30--100 25--50 15--25 0--10 10--20 3--4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15--25 0--10 10--20 n/a Parkin Outdoor 20,000 100 25 15--25 10 10-20 1--10 per Recreation/ 1,000 SO FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000- 100--200 25--50 15--25 0--10 10--20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15--25 10 10-20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500-- 35-100 25--50 15-25 0-10 10-20 7--15 spaces 10,000 er 1,000 GFA Retail Sales 3,500-- 30--100 25-50 15-25 0--10 10--20 4--5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RVs ace Self Storage 20,000 100 25 15--25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public 5,000-- 50--100 25--50 15--25 0-10 10-20 3--4 spaces Service 10,000 per 1,000 GFA A encie Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000- 100--200 25 15--25 10 10-20 2.5 spaces per Sales/Displays 40,000 1,000 SQ FT of lot area Veterinary 5,000-- 50-100 25 15--25 0--10 10--20 4 spaces per .Offices or 10,000 1,000 GFA Grooming and Boardin ~} Social/public service agencies shall not exceed five acres. *********** Ordinance No. 7605-06 F ~-2 ~0 ~ Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel ~repese~~ is otherwise impractical without deviations from the use, intensity and development standards; 3-2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses within the comprehensive infill redevelopment project are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 5- 5-5. srea~es-a- The form and function of the proposed development w~is#~ e~#a~-ses will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. 4 Ordinance No. 7605-06 AFT, 2-2 - Section 3. Article 2, Zoning Districts, Section 2-801.1, Maximum development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Overnight Use Designation per Acre of Land Ratio/ Impervious Accommodations Units Surface Ratio er Acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 48 50 units per acre acre Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 "T" Flexible Development Standards, is amended as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Develo ment Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking s . ft. Alcoholic 5,000 50 35--100 0-15 0--10 10--20 n/a 5 per 1,000 Bevera a Sales GFA Attached 5,000- 50--100 35-100 0-15 0-10 10-20 30 units/acre 1.5 per unit Dwellin s 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community Project(} rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35--100 0-15 0--10 10-20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10-15 0--10 10--20 n/a 1 space per 2 sli s Nightclubs 5,000 50 35-100 0-15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35--100 0--15 0--10 10-20 n/a 3--4 spaces per 1,000 GFA 5 Ordinance No. 7605-06 AFT, z-~~~a~ O~itdoor 5,000 50 35 5--15 0--10 10--20 n/a 2.5 spaces Recreation/ per 1,000 Entertainment SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,000- 100--150 35-100 0--15 0-10 0--20 40 1 per unit Accommodations - rooms/acre 20,000 Restaurants 5,000-- 50--100 25--100 0-15 0-10 10--20 n/a 7--15 10,000 spaces per 1,000 GFA Retail sales and 5,000-- 50-100 35--100 0-15 0-10 10--20 n/a 4--5 spaces services 10,000 per 1,000 GFA *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel eeed-fef d$areter~t is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4.3. The uses or mix of uses ~efest are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 6 Ordinance No. 7605-06 AFT, 2-28-~~ 4. The site will fit within the existing urban pattern of the neighborhood or land use area. ~-5. sreate~a-The form and function of the proposed development ~+sl•~ e~aases will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. S. Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 "D" Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "D" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Develo ment Standards• Use Max. Hei ht ft. Min. Off-Street Parkin Alcoholic Bevera a Sales 30--100 3--5 er 1,000 GFA Attached Dwellin s 30--100 1-1.5 er unit Comprehensive In~fill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 er 1,000 GFA Indoor 30--100 3--5 per 1,000 GFA Recreation/Entertainment Facili Limited Vehicle Sales and 30 2--4 per 1,000 GFA Dis la 7 Ordinance No. 7605-06 ' ® AFT, 2-2~s06 Marinas/Marina Facilities 30 1 s ace er sli Ni htclubs 30--100 3--10 er 1,000 GFA Offices 30--100 1--3 er 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 er 1,000 GFA Restaurants 30--100 5--15 er 1,000 GFA Retail Sales and Service 30--100 2-4 er 1,000 GFA Social/Public Service A encies 30--100 3--4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a Flexibility ea~ds criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use Category; 4.3. The uses or mix of uses {~s}est-are compatible with existin adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land use area. 8 Ordinance No. 7605-06 • AST, 2-28-0~ 8-5. spa-The form and function of the proposed development ~v#isf~ eafia~-ses will enhance the community character of the adjacent properties ~.6. 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; ~.7. Adequate off-street parking in the immediate vicinity according to the shared parking formula in Article 3, Division 14, Section 3-1405, will be available to avoid on-street parking in the immediate vicinity of the parcel proposed for development. Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "O" Flexible Development Standards, is amended 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 provisions of Article 3. Table 2-1004. "O" District Flexible Develo ment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellin s Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project(} development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15--35 10-20 10-20 5/1,000 GFA Mixed Use 3,500 50 30-80 15--35 10-20 10-20 2--3/1,000 GFA Nursing Homes 20,000 100 30--50 15--35 10--20 10--20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a 9 Ordinance No. 7605-06 .. ~DRAFT.2-28-06 ~ Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000-- 100--200 35--80 15--35 10--20 10--20 3--5/1,000 40,000 GFA *********** Section 9. Article 2, Zoning Districts, Section 2-1004.6. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. The development or redevelopment of the parcel esed~e;F is otherwise impractical without deviations from the use, intensity and development standards; ~2. The uses are otherwise permitted in the underlying future land use category; 4:3. The uses or mix of uses ~'ejest are compatible with existing adjacent land uses, or those that could be developed in the district in which the property is located; 4. The site will fit within the existing urban pattern of the neighborhood or land. use area. a. 10 Ordinance No. 7605-06 r ~. ~~ ~'. ^ ~ V. f . NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2- 1204, 2-1304, AND 2-1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2-204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF-STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3- 1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, .RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF-WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Tuesday, March 21, 2006 before the Community Development Board, at 1:00 p.m. Thursday, April 06, 2006 before the City Council (1ST Reading), at 6:00 p.m. Thursday, April 20, 2006 before the City Council (2"d Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA2006-01001 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, 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 Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS 8~ LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. :A ,~ City of Clearwater Cynthia E. Goudeau, CMC P.O. Box 4748 City Clerk Clearwater, FL 33758-4748 .~Ad: 03-06-06 and_04.0__3-06 ~ 'Y~ • TA2006-01001 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLITY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 SIGNS, TO REMOVE THE EXCEPTION FOR THE PROHIBITION OF SANDWICH BOARD SIGNS; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, RETAIL SALES AND SERVICES, AND ESTABLISHING NEW DEFINITIONS FOR PARKING AREA BETWEEN THE PRINCIPAL STRUCTURE AND ANY RIGHT-OF- WAY LINE; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS Ordinance No. 7605-06 AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; AND PROVIDING AN EFFECTIVE DATE. Ordinance No. 7605-06 F. LEVEL THREE APPLIC~'IONS (Items 1- 3): 1. Case: TA2006-01001 Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising the Comprehensive Infill Redevelopment Projects flexibility criteria, increasing density for overnight accommodations, increasing parking requirements for attached dwellings as Residential. Infill projects, permitting restaurants as a stand alone use through both minimum standard development and flexible standard development, removing the exception for the prohibition of sandwich board signs, and revising code provisions to improve enforcement of the code. Neighborhood Association: Clearwater Neighborhoods Coalition, (Sondra Kerr, President P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. 2. Case: ANX2005-12039 - 3076 Cherry Lane Level Three Application Owners: William & Vickie Collins (3076 Cherry Lane, Clearwater, FL 33759; Telephone 727-644- 8143). Location: A 0.189-acre parcel of land located on the north side of Cherry Lane approximately 135 feet west of McMullen-Booth Road. Atlas Page: 292A. Request: (a) Annexation of 0.189-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Urban (RU) Category (County) to Residential Urban (RU) Category (City of Clearwater); and (c) Rezoning from R-2, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Proposed Use: Single-family detached dwelling. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Cky Ready, Planner II. 3. Case: ANX2005-12040- 1737 Lucas Drive Level Three Application Owner: Central Realty, Inc. (6580 72"d Avenue North, Pinellas Park, FL 33781; Telephone 727-546- 7299). Location: A 0.1.92-acre parcel of land located on the east side of Lucas Drive approximately 650 feet from the intersection of Lucas Drive and SR 590. Atlas Page: 264A. Request: (a) Annexation of 0.192-acres of property to the City of Clearwater; (b) Future Land Use Plan amendment from Residential Low (RL) Category (County) to Residential Low (RL) Category (City of Clearwater); and (c) Rezoning from R-3, Single-Family Residential District (County) to Low Medium Density Residential (LMDR) District (City of Clearwater). Proposed Use: Single-family detached dwelling. Neighborhood Association(s): Clearwater Neighborhoods Coalition (Sondra Kerr, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. G. ADJOURNMENT S:IPlanning DepartmentlCD BlAgendas DRC & CDBICDBI2006103 March 21, 20061CDB Agenda March 21, 2006.doc Community Development Board Agenda -March 21, 2006 -Page 4 of 4