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TA2007-01001 J t CODE 4 SCIIEDULE (REVISED 11-13~-~ Date Event/Task February 12 Send our requests for code amendments March 12 Submittal deadline for any code amendments and for contributors to meet with Mike Reynolds to go over changes, explaining why needed Week of Mike Reynolds to meet with Catherine March 19 Porter, Gina Clayton,and Michael Delk to review list of possible amendments and decide which items to work further on as. draft amendments May 24 First draft (in sections) June 6 Draft routed for management comments August 29 Final administrative sign-off on items to propose as amendments in Code 4 August 30 Internal reviews September 17 Comments due (please send written comments) September 24 Draft complete (per G. Clayton, timeframe for draft completion extended to address her comments) September 24 Finalize long and short titles September 24 Sign-off on title (long and short) of Code September 24 Short title for October 16 CBD meeting sent to Sherry Watkins September 25 To PPC Staff 21 days prior to CDB (prior to first public hearing) September 26 Long title to City Hall November 15 Code Amendments mailed with meeting packets for November 20 CDB Status Completed Completed (;ciz.pleted Completed Completed Code 4 Schedule 2007 Page 2 November 20 November 26 December 20 January 17 CDB Public Hearing Muniagenda deadline (staff submittal) CC First Reading CC Second Reading S: (Planning DepartmentlCommunity Development Code12007 Code AmendmentslCode 41CODE 4 SCHEDULE revised 9-28-07.doc ~. ORDINANCE N0.7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; .AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLITY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIREMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/ENTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW FOR CERTAIN ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING Ordinance No. 7835-07 • STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECIFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET RIGHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PARK PROPERTY; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERMINATION OF INACTION TO IMPLEMENT A BUILDING PERMIT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN FEES; 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 2 Ordinance No. 7835-07 -- ---- 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, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-07 • Table 2-100 • CHART 2-100 PERMITTED USES Use Cate ones LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential X X X X X X X X X X X X X X X X X X X X X X X X X X ccesso dwellin s X X X X X X ttached dwellin s X X X X X X X Communi residential homes X X X X X X X X Detached dwellin s X X X X X X X X Mobile homes X Mobile home arks X Residential infill ro'ects X X X X X X X Nonresidential duff uses X X it ort X Icoholic bevera a sales X X X nimal roomin and or boardin X X X X ssisted fivin facilities X X X X utomobile service stations X X emeteries X omprehensive infill redevelo ment '. ro'ect CIRP X X X X X X X Con re ate care X X X X onvention center X Educational facilities X X X X Governmental uses X X X X X X Halfwa houses X Hos itals X Indoor recreation/entertainment X X X X Li ht assemb X - - - - - - - X X - - - - - - - - - - - - X - - - - - - - - Manufacturin X Marinas X X X X X Marinas and marina facilities X X X X Medical clinic X X X X X Mixed use X X X X Ni htclubs, taverns and bars X X X X Non-residential off-street arkin X X X X Ordinance No. 7835-07 • • Nursin homes X X X X Offices X X X X X X Off-street arkin X X O n s ace X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or stora e X X Ovemi ht accommodations X X X X X X X X X Parkin ara es and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worshi X X X X Problematic uses X Public facil' X X Publishin and rintin X Public trans ortation facilities X X X X X X X X Research and technolo use X Residential shekers X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV arks X Salva a ands X Schools X X X X X X X Self-stora a warehouse X X Sidewalk vendors X X Social and communi centers X X X X SociaU ublic service a encies X X X X X X elecommunications towers X X X X X /radio studios X X Uti1i /infrastructure facilities X X X X X X X X X X X X X X X ehicle sales/dis la s X X ehicle sales/dis la s limted X X ehicle sales/dis la s, ma'or X ehicle service X ehicle service limited X ehicle service, ma'or X eterina offices X X X X holesa le/d istribution/warehouse acili X Ordinance No. 7835-07 ~~- • Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre Ratio/Impervious Surface of Land Ratio Residential Urban 7.5 dwelling units FAR .40/ISR .65 per acre Residential Low Medium 10 dwelling units per FAR .50/ISR .75 acre Residential Medium 15 dwelling units per FAR .50/ISR .75 acre Residential/Office General 15 dwelling units per FAR .50/ISR .75 acre 18 dwelling units per Residential/Office/Retail FAR .40/ISR .85 acre Section 3. Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: Table 2-704. "C" District Flexible Development Standards Min. Lot Min. Max. Min. Min. Min. Min.Off- Use Area Lot Width Height Front Side (ft') Rear (ft') Street (sq. ft.) (ft.) (ft.) (ft.) Parking Alcoholic Beverage Sales 5,000-- 10 000 50-- 25 15-- 0-- 10-- 5 per 1,000 , 100 25 10 20 GFA Determined by the community development Comprehensive n/a n/a coordinator Infill Redevelopment n/a n/a n/a nla based on the Project specific use and/or ITE Manual standards 6 Ordinance No. 7835-07 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertainment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1/machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 per 1,000 GFA 5,000- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 Per 1,000 GFA Marinas and Marina 5,000-- 000 20 50 25 25 10 20 1 space per 2 Facilities , slips 4--5 spaces per 1,000 5,000-- 50-- 25--50 15-- 0-- 10-- GFA and 2 Mixed Use 10,000 100 25 10 20 spaces per residential unit 5,000-- 50-- 15-- 0-- 10-- 10 per 1,000 Nightclubs 10,000 100 25 25 10 20 GFA 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces Offices 10,000 100 25 10 20 per 1,000 GFA Off-Street Parking 10,000 100 n/a 15-- 25 0-- 10 10-- 20 n/a 1--10 per 1,000 SQ FT of land area or as determined Outdoor Recreation/Entertainment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20,000- 000 40 100-- 25--50 15-- 0-- 10-- 1 per unit Accommodations , 200 25 10 20 Problematic Uses 5 000 50 25 15-- 10 10-- 5 spaces per , 1,000 SF Ordinance No. 7835-07 - __ .. .. 25 20 GFA 3,500- 35-- 25--50 15- 0-- 10-- 7--15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for 25 20 manager's office 3--4 spaces Social/Public Service 5,000-- 50- 25--50 15-- 0-- 10-- per 1,000 Agencies (1) 10,000 100 25 10 20 GFA Refer Telecommunication 10,000 100 to section 25 10 20 n/a Towers 3- 2001 10 000- 2.5 spaces Vehicle Sales/Displays , 40,000 100-- 25 15-- 10 10-- per 1,000 SQ 200 25 20 FT of lot area Veterinary Offices or 5 000- 10 000 50-- 25 15-- 0-- 10-- 4 spaces per Grooming and Boarding , 100 25 10 20 1,000 GFA Flexibility Criteria: B. Marinas and mat9arina facilities. Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: 8 Ordinance No. 7835-07 • • Table 2-802. "T" District Flexible Standard Development Standards Min. Lot in. Max. Min. Off- Lot Height Min. Setbacks Use (1) (sq ft) idth (1) (ft.) (1) Density parking (ft.) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a units/acre 1/unit Alcoholic Beverage Sales 5 000 50 35 10 10 20 n/a 5 per 1,000 , 15 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10-- 30 2 Per unit 50 15 20 units/acre Governmental Uses(2) 10 000 100 35-- 10-- 0-- 10-- n/a 3--4/1,000 50 15 10 20 GFA Indoor 35-- 0--15 0-- 10 per 1,000 Recreation/Entertainment 5,000 50 100 10 20 n/a GFA Medical Clinic 10,000 100 30-- 10-- 10 20 20 2--3/1,000 50 15 GFA 50- 35-- 0 =- 10-- 30 Based upon Mixed Use 10,000 100 50 0--15 , 10 20 units/acre use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a Street Parking 10 000 100 35-- 10-- 0-- 10-- 3--4 spaces Offices , 50 15 10 20 n/a per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor determined Recreation/Entertainment 5 000 50 35 ~ 5 10 20 n/a ~ , communi development director based on ITE Manual standards 9 Ordinance No. 7835-07 - - 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- rooms/acre 1 per unit Accommodations 150 50 15 10 20 Parking Garages and 20,000 100 50 15 10 10 n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities nla 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a Na 10 n/a n/a n/a n/a n/a Facilities(3) n/a-- tea- ~/a- - flea- ~- fly- ~- 7 tf~ 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 GFA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces ' Services 10,000 100 50 15 10 20 n/a per 1 ,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 GFA Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) Flexibility Criteria: ************ F. Mixed Use 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 10 Ordinance No. 7835-07 Z Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a The reduction in side and/or rear setback does not negatively impede emergency access. b The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design appearance and landscaped areas are in excess of the minimum required. 4. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1 000 feet of parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 5 The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. Gl=. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. H6. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located 11 Ordinance No. 7835-07 immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. I#. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 12 Ordinance No. 7835-07 • 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. J~. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or 13 Ordinance No. 7835-07 -- i -- b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parking demand-generating purposes. Kd. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; . c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. Lt4. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 14 Ordinance No. 7835-07 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front sefback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. M~. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 15 Ordinance No. 7835-07 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. NM. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Of+l. Restaurants: 1. Lot area and width: 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; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: 16 Ordinance No. 7835-07 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. P8. Retail sales and services. 1. Lot area and width: 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; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: 17 Ordinance No. 7835-07 a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Qlz. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Rte. Social and community cenfer. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 18 Ordinance No.7835-07 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. Sly. Utility~nfrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: Table 2-803. "T" Flexible Development Standards Min. Min Max Min. Min. Min. Lot . Lot . Height Front Side Rear Min.Off- Use (1) Area Width (ft.) (ft.) (ft.) (ft.) Density Street (sq. ft.) (ft.) (1) (1) (1) (1) Parking Alcoholic Beverage Sales 000 5 50 35-- 0-- 0-- 10-- n/a 5 per 1,000 , 100 15 10 20 GFA 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 Per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive Infilt n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards 19 Ordinance No. 7835-07 ~ J Limited Vehicle Sales and 35-- 0-- 0-- 10-- 4--5 spaces Display 5,000 50 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5 000 50 25 10-- 0-- 10-- n/a 1 space per Facilities , 15 10 20 2 slips 5,000 - 50- 35-- 0-- 0-- - 0 30 Based upon Mixed Use = 10,000 1'00 100 15 10 20 units/acre use - - - requirements Nightclubs 5,000 50 35-- 0-- 0-- 10-- Na 10 per 1,000 100 15 10 20 GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- n/a 100 15 10 20 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor determined Recreation/Entertainment 5,000 50 35 5-- 0-- 10-- n/a by the 15 10 20 community development coordinator based on ITE Manual standards 10, 000- Overnight - 100-- 35-- 0-- 0-- 0-- 40 Accommodations 20,000 150 100 15 10 20 rooms/acre 1 per unit Restaurants 5,000-- 10,000 50-- 25-- 0-- 0-- 10-- n/a 7--15 spaces per 1 000 100 100 15 10 20 , GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** 20 Ordinance No. 7835-07 Flexibility Criteria: E. Marinas and mlVlarina facilities. L. Mixed use ~J ***~****x** 1. Lot area and width: The reduction in lot area and /or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 4. The increased height results in an improved site plan, with landscaping areas in excess of the minimum required or improved design and appearance. 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will reauire fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are 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 one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14. Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: 21 Ordinance No. 7835-07 - -- - - ~ - ...... Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min.Off-Street parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30--50 3--5 per 1,000 GFA Mixed Use 30--50 Based upon use requirements Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community Centers 30--50 2--4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 22 Ordinance No. 7835-07 -_ _ ~ • 1 Height' The increased heiaht results in an improved site plan and/or improved design and. appearance: 2. Off-street parking: a. The phvsical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the phvsical context including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all e_xisting land uses within one thousand (1 000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 3 Design• The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. H6. Offices. 23 Ordinance No. 7835-07 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 114. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 24 Ordinance No. 7835-07 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Kd. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. L~. Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Mt=. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 25 Ordinance No. 7835-07 .. .. 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any fighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NM. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Off. Retail sales and service 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P8. Sidewalk vendors. 26 Ordinance No. 7835-07 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Qiz. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. RQ. Utility~nfrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines {ocated on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, is amended as follows: *,kt~ew*,ext*,r Table 2-903. "D" District Flexible Development Standards Max. Height Min. Off-Street Use (ft.) Parking Alcoholic Beverage Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--100 1--1.5 per unit Determined by the community Comprehensive Infill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 per 1,000 GFA 27 Ordinance No. 7835-47 Indoor Recreation/Entertainment Facility 30--100 3--5 per 1,000 GFA Limited Vehicle Sales and Display 30 2--4 per 1,000 GFA Marinas and EMarina Facilities 30 1 space per 2 slips Mixed Use 30--100 Based upon use requirements Nightclubs 30-100 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service Agencies 30--100 3--4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a Veterinary Offices, and or Animal Grooming and Boarding 30 - 4per 1,000 GFA Flexibility Criteria: H. Marinas and marina facilities. I. Mixed use 1. Height:. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-sfreet parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, includingadjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existina land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or 28 Ordinance No. 7835-07 planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Nightclubs. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Kd. Offices. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. L#4. Ovemighf accommodations. 1. Height: 29 Ordinance No. 7835-07 a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; M~. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. NM. Restaurants. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high 30 Ordinance No. 7835-07 • __ ~ __. probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. OAI. Retail sales and services. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property wi11 require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that.there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of al! buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P9. Social/public service agencies. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 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 parking is available through any 31 Ordinance No. 7835-07 --- existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. Q~. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinary offices, and or animal grooming and boarding. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Boarding of animals shall only be allowed if accessory to a veterinary office and/or grooming business; 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p m In no case shall animals be left unsupervised while outdoors 5. Accessory boarding facilities shall contain waste control facilities and an air-handling system for disinfection and odor control; and 6. Design: The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. *********** Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: 32 Ordinance No. 7835-07 .... Table 2-1204. "I" District Flexible Development Min. Lot Min' Lot Max. Min. Off-Street Use Q ~ idth Min. Setbacks (ft.} (~ jght Parking } (s (ft.) Front Side Rear Determined by the community Comprehensive Infill development Redevelopment n/a n/a n/a n/a n/a n/a director based on the speck Project use and/or ITE Manual standards Marinas and Marina 5 000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities , 25 15 20 Social and 20 000 100 15-- 15-- 4--5 per 1000 Community Centers , 25 10 20 50 GFA 10,000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: 33 Ordinance No. 7835-07 Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Max Uses rea Lot Min. Setbacks . Height Min. Off-Street (sq. ft.) idth (ft.) (ft) Parking (ft.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1lunit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA I d 5/1,000 SF GFA n oor R ti /E t i t(4) rt 20.000 200 20 15 50 or 5/lane, 2/court ecrea on n e a nmen or 1/machine 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 (accessory n/a n/a n/a n/a n/a n/a use)(2) 1 per 20,000 SF land area or as determined by Parks and Recreation n/a 10/20 the community Facilities n/a 25 50 development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 1 per 20 units Self Storage 20,000 200 20 15 50 plus 2 for ' manager s office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA 34 Ordinance No. 7835-07 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 Facility , GFA. *********** ~4) Indoor Recreation/Entertainment uses, when alone or added to existing contiguous like uses and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Setbacks Min Max. Min. Off- Uses rea idth . (ft.) Height Street (sq. ft.) (ft) (ft.) Parking Front"' Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1, 000 SF Land Area or as determined Outdoor 40,000 200 20 15 30 by the community Recreation/Entertainment development coordinator based on ITE Manual standards 35 Ordinance No. 7835-07 • ! Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA 10,000- 100- 3/1,000 SF Publishing and Printing 20 15 50 20,000 200 GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology 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 5,000-- 50 - 7--15 Restaurants(5) 10,000 100 20 15 30 spaces per 1,000 GFA 1 per 20--25 10 000 100 units plus 2 Self Storage , 20 15 50 for manager's office N/Radio Studios 10,000 100- 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(3) n/a n/a 20 15 nla n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Vehicle Sales/Displays(4) Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distribution/VVarehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: 36 Ordinance No. 7835-07 • J. Publishincr and printing. 1. Lot area and width: The reduction in lot area and /or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. The parcel proposed for development is not contiguous to a parcel of land, which is designated as residential in the Zoning Atlas; and 3. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildings. Kd. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F) below Lt4. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. Ml=. Retail sales and services. 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. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that will primarily serve the employees or patrons of minimum standard uses in the district. NM. 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. 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 37 Ordinance No. 7835-07 • 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 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. ON. Self storage. 1. The parcel proposed far development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. P8. N/radio studio. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. QR. Utilitylnfrasfructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. RQ. Vehicle sales and service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. S~. Vehicle service. 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 does not involve the overnight, outdoor storage of automobiles. 3. No more than two service bays front on a public street. 38 Ordinance No. 7835-07 T~. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; U~. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 3. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F). Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: Table 2-15023. "P" District Flexible Standard Development Standards Min Lot Min. Max. Min. Off- Use . ize Lot idth Min. Setbacks (ft.) Height Street (sq. ft.) (ft) (ft.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips Outdoor 10 000 5/10,000 Recreation/Entertainment , 100 25 10 15 30 sq. ft. Land Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 39 Ordinance No. 7835-07 • • 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level OneTwe (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. 3. Walls. no greater than a maximum height of six feet shall be permitted for the perimeter of anv residential subdivision located within anv zoning district. Such walls shall be architecturally compatible with the building design within the subdivision. 4.~ Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. ~~ ~~ B. Side and rear setback areas. 1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences and walls may be permitted up to eight feet in height if located in the Industrial. Research, and Technology District ("IRT"). b. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One. (Flexible Standard Development) approval to buffer uses with drive-thru facilities vehicle sales/displays automobile service stations, outdoor retail sales display and/or storage and residential zoning districts. If any fence is part of a Level Two review the decision to approve the fence-will be made by the Community Development Board. Section 13. Article 3, Development Standards, Section 3-805, Chainlink fences, is amended as follows: F. Vacant lots. In all zoning districts except for the Downtown District, Chainlink fences, clad with green or black vinyl, and other non-opaque fences are permitted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3-805 above, with the exception to Section 3-805.8. Such fences shall be 40 Ordinance No. 7835-07 U limited to a maximum height of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencing shall be removed from the front setback. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lightingj~ signs, minimum door landing required the Florida Building Code, walkways leading to building entrances, driveway access to garages and/or vehicular cross access (driveways), shared parking, and trash staging areas, no building or structure shall be permitted in a setback required by the applicable zoning district. Sidewalks shall be no greater than 42 inches feet in width, nor greater in width than that required by the Florida Building Code. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is amended as follows: 7t tnt yr * it it,4 x a1r Y! 8.1. Minimum plant material standards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; Accent 8' height Florida unless overhead lines are o Tree 2" caliper Grade #1 unavoidable; no more than 25 /o of required trees may be accent trees. Paim 10' clear ~~d-stra+g#t Florida Can be used to satisfy 75% of 41 Ordinance No. 7835-07 -- - ... Tree trunk. Grade #1 tree requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. A.) 18-24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will be 36", high and 80% opaque 12 months from Use of Hibiscus (City flower) is Shrubs the time a certificate of Florida encouraged for non-required occupancy is received Grade #1 landscape plantings, especially (excluding drives and for accent marking at entrances visibility triangles where and other points of high applicable) visibility. B.} 14-24" in height when used for interior -planted every 30"--36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground 1 gallon minimum - Planted a maximum of 24" Florida Grade #1 Encouraged in lieu of turf to Cover O.C.. reduce irrigation needs. Drought Turf areas should be Turf N/A tolerant consolidated and limited to areas varieties of pedestrian traffic, recreation and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, is amended as follows: 42 Ordinance No. 7835-07 • *********** D. Tree and palm requirements and replacements. Tree and palm replacements paps shall be in compliance with Section 3-1202(8)(1) and the following: 1. Attached dwellings Mtdt~-fang and non-residential properties. The total amount of DBH removed from a multi-family or c~aefsiat non-residential site shall be replaced on an inch-for-inch basis. 2. Single-family detached dwelling and two-family attached dwelling properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. ********w** 5. Conditions and specifications. *********** b. Size. Replacement trees shall be in compliance with the size and guality standards set forth in Section 3-1202.6.1 . Section 17. Article 3, Development Standards, Section 3-1407, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shalt not be parked or stored, in whole or in part, in a front setback and/or forward of the building line of the principal structure and any right-of- way line in a residential zoning district up to a maximum of two frontages: *********** 43 Ordinance No. 7835-07 • Section 18. Article 3, Development Standards, Section 3-1803.L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(111n, (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3- 1806(B)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) ate, (d) as allowed in Section 3- 1806(A)iand (e) as allowed in Section 3-1805 Z . Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 19. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: Z. One 10 square-foot freestanding sign not more than 5 feet in height or one 10 square foot attached sign per City park or City recreation facility for the purposes of identifVing a program provider or information concerning programs at such park or recreation facility The design of any such signs shall be approved by the Parks and Recreation Department Section 20. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. A. Basic information required for all applications. All applications for development approval shall include the following information: Section 4-202.A.9.i. i. Building or structure €elevation drawings for all Level One (flexible standard development) and Level Two approvals unless waived or modified by the community development coordinator. 44 Ordinance No. 7835-07 Section 4-202.A.11.x.,y., z.. and aa. *********** x. Buildin €elevation drawings for all Level One !flexible standard development) and Level Two approvals unless waived or modified by the community development coordinator. y Floor plan typicals of buildings for all Level One !flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. zy. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aaz. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** Section 4-202.A.23 234. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 24a. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. 45 Ordinance No. 7835-07 -- _ _ _ b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 256. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: Section 21. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: Section 4-303. Effect of Level One (flexible standard development) approval. A Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application for a building permit shall be made within one year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application This timeframe may be extended for an additional six months for cause by the community development coordinator Permitted time frames do not change with successive owners and an extension of time may be granted by the community development coordinator for a period not to exceed one year and only within the original period of validity. The community development coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. The community development coordinator may also consider whether significant progress on the project is 46 Ordinance No. 7835-07 being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 22. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Section 4-407. Expiration of a Level Two approval. Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The permit must be obtained within six months of the initial permit application. This timeframe may be extended for an additional six months for cause by the community development coordinator. Permitted time frames do not change with successive owners. An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The community development board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. Amendments which will require no or minor amendments (as provided by section 4-406.A) may be approved. Amendments which will require a major revision to the subject project shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. Section 23. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: B. Application requirements. In addition to the basic information required by section 4-202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 47 Ordinance No. 7835-07 • 1. A statement of the requested duration of the development agreement, which shall not exceed twenty tee-years. ~~~~*** Section 24. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by apre-application conference with the development services director and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. Section 25. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, and Section 4-1008, Comprehensive Sign Program process is amended and established as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signs, and signs as part of a Comprehensive Sign Program in accordance with the standards of Article 3, Division 18. Section 4-1008. Comprehensive Sign Program. In accordance with Article 3. Division 18. Section 3-1807 Comprehensive sign program the procedures for review and approval follow here. A. Information required for all applications. All applications for Comprehensive Sign Program approval shall include the following information: 1. Legal description of the property where the sign is proposed to be located 2. Name, address and telephone and facsimile number, if any of the owner of the property where the sign is proposed to be located; 48 Ordinance No. 7835-07 --... 3. T_he name of the owner(s) representative or agent and consultants, if any, with mailing address electronic mail address telephone and facsimile, if any, number and completed affidavit to authorize agent form; 4. All street address(es) and parcel numbers of the parcel proposed for development; 5. Ownership' A copy of a deed to the property proposed for development a copy of a title insurance policy or an affidavit attesting to ownership; 6. A signed and sealed survey of the property including the dimensions, acreage and location of the~ropertX prepared by a registered land surveyor showing all current structures/improvements; 7. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and including the following: a. North arrow scale (with bar scale) and date prepared; b. Location map; c. Show all property lines; d. Identification of watercourses wetlands, tree masses and specimen trees including description and {ocation of under story, ground cover vegetation and wildlife habitats or other environmentally unique areas; e. Land areas expressed in sauare feet and acres; f. All required five-foot setbacks as measured from the property line; ~ Location of all public and private easements and street rights-of-way within and adjacent to the site; h. Location of all existing and proposed points of access; The footprint and size of all existing and proposed buildings and structures on the site; Sight visibility triangles shown and labeled; k. Location of all existing and proposed sidewalks; Lot frontage on all street rights-of-way: 49 Ordinance No. 7835-07 m. The location of all proposed landscape material including size and species; n. Location of all attached and freestanding including directional signage, proposed and existing, indicating with labels if to be removed; and o. Location of the sign in relation to property lines, public rights-of-way, easements, buildings and other signs on the ro e 8. Sign Plan, to include: a. Date prepared; b. Bar scale; c. To scale drawings, in color, of ail proposed signage (attached, freestanding, and directional signs) which include the following: i. dimensions, with dimensional arrows; ii. sign area in square feet; iii. height and width of sign and sign structure, measured in feet; iv. labels of all colors; v. surface area of the sign proposed; vi. text copy including the message of the sign; vii. changeable copy, if proposed; and viii. describe any illumination including the type, placement, intensity, hours of illumination and system to automatically turn off lighting when the business is closed, and sign area to be illuminated. d. Building elevation color drawings, to scale, for all sides of any building with proposed and existing attached signage; e. Master sign plan for shopping centers and office parks, to include all si ns• Site data table, to include how all proposed signs (existing and new) meet code requirements, with a calculation worksheet; and g. Number, type, location and surface area of all existing signs on the same property and or building on which the sign is to be located; 9. Completed written responses to the Comprehensive Sign Program criteria, set forth in Section 3-1807. 50 Ordinance No.7835-07 B. Required submittal information for amended approvals. All applications for Comprehensive Sign Program amended approval shall include the following information: Section 4-1008 A., Items 1 - 5 and 9; 2. Applicable attachments depending on the proposed amendment including any site plan replacement sheets necessary to indicate all amendment details; 3. Applicable attachments depending on the proposed amendment including any sign plan replacement sheets necessary to indicate all amendment details. 4. Written narrative explaining the amendment. 5. Amendment fees, as applicable. C. Determination of Completeness. 1. Determination of completeness. Within seven working days after receipt of an application for Comprehensive Sign Program approval the community development coordinator shall determine whether the application is complete. a. implication complete. If the community development coordinator determines that the application is complete he shall notify the applicant in writing that the application has been accepted for filing. b. implication not complete If the community development coordinator determines that the application is not complete, he shall notify the applicant specifying the deficiencies of the application. No further review shall occur until the application is deemed complete. The applicant shall have seven business days from the date of the incomplete letter to address all deficiencies or the application shall be deemed withdrawn. If deficiencies are addressed, the community development coordinator shall notify the applicant in writing that the application has been accepted for filing. D. Apalication and design review. Upon determination that a Comprehensive Sign Program application is complete, the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive sign program set forth in Section _3-1.807. Within ten working days of completeness, the community development coordinator may rap nt approval, grant the approval subject to specified conditions or deny the application for comprehensive sign program. The review period of ten days may be extended by mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance 51 Ordinance No. 7835-07 • with the reauirements of the comprehensive sign program. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 working days based on the extent of the deficiencies identified. If materials are not received within that timeframe the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified, the community development coordinator shall determine whether the resubmission materials demonstrate compliance with the comprehensive sign program and shall either grant the approval, approve with conditions or deny the application. E. Effect of Comprehensive Sign ApAroval. Comprehensive Sign Program approval authorizes only the particular signs approved and entitles the recipient to apply for a building (sign) permit. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Comprehensive Sign Program approval an application for a building (sign) permit shall be made within one year of the date of the Comprehensive Sign approval and all signs shall be installed and anv conditions met within six months of issuance of a ep rmit• Section 26. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit_ #~e-~f frcc~ nn ~.innlo f.+m~hi Section 27. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: *********** Community development boprd means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council ser~-issiee. Pursuant to the Florida Statutes, Chapter 163, community development board also means "local planning agency" 52 Ordinance No. 7835-07 --- ~ • Principal structure and right-of-wa~ocation means that area of land located between a right-of-way and the principal structure on the lot. Publishing and printing means a facility primarily for the production of books, catalogs, magazines tabloids newspapers, circulars, business cards, forms, brochures, newsletters, labels and the like. Seasonal Sales means a sale conducted during traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season including plant materials and fireworks, are allowed to be sold and general merchandise not associated with the seasonal sale such as toys, tools, clothing, etc are prohibited from being sold as a seasonal sale item. Section 28. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** V{II. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications .....................Noe Fee (b) Zoning verification letter .......................... ............... 50.00$~9A (c) Zoning interpretation letter and Release of Unity of Titles letter. . .150.00 .................................................................................... . (d) Minor lot adjustment and Division of a Previously Platted Lot. ...........................................................................................15 . (e) Flexible standard development--Detached dwellings and two attached dwellings -accessory uses/structures ............................... 100.008-99 (f) Flexible standard development--Detached dwellings and two attached dwellings. ^~°-~a;~i~~~ anyt~nre f~mil~~ prepe#ies .................................................................. . 2 00.0 Oa-A&A9 (g) Flexible standard development--Attached dwellin sue, ,mixed uses and nonresidential uses ~ ...........475.00 53 Ordinance No. 7835-07 - - - -. (h) Continuances requested by applicant of a DRC meeting ............75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use .................................50.00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit ............................................................. 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued -after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. Comprehensive sign ~ro9ram .................................................400.00 (~) Minor amendment to approved comprehensive sign program, per application .................................................. ..........150.00$9 (IIE) Temporary use permit for seasonal sales .............................250.00 (2) Level Two. (a) Flexible development--Detached dwellings, two attached dwellings and accessory uses/structures . ................................................................................. . (b) Flexible development-Attached dwellings, mixed uses and nonresidential uses ........... 1,205.00 (C) ligaa~~c t^v the ^^v^vvmmkdill~c~d°cyclAp^r1~eF~t--~?6~rd-Pcc6~~en~l'cri ~ nn nn (d) Appeals to the community development board--Residential and nNonresidential ......... _ ...........................................................250.00 (e) Appeals to hearing officer ................................................ 500.00 (f) Continuances reauested by applicant of a BIG-sf CDB meeting/public hearing .......................... .................... .................................. 75 00 (g) Transfer of development rights (no additional charge if submitted with flexible development application) ............................................................ 1,205.00 (h) Preliminary plat ..............................................................600.00 (i) Minor revisions ........................................................... ....... 400.00 (3) Level Three. 54 Ordinance No. 7835-07 • • (a} Annexations (including land use map amendment and rezoning to categories compatible with the county designations) .................. No Fee (b) Land use map amendment .............................................. 885.00 77 (c) Rezoning only ............................................................... 5.0 (d) Continuances requested by applicant of a DRC, CDB, or city council ~~ meeting/public hearing ........................................... 75.00 (e) Development agreement .................................... . 1,500.0098-89 (fl Final plat ....................................................................... (g) Vested rights .................................................................500.00 Section 29. Article 3, Development Standards, Section 3-1807, Comprehensive sign program, is amended as follows: B. Permitted signage. 1. signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in 3-1807.C. A comprehensive sign program shall be approved pursuant to the provisions set out in Section 4-1008. .Prohibited signs in 3-1803 are not eligible for a comprehensive sign program. *********** Section 30. 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 31. 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 32. 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 33. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 34. This ordinance shall take effect immediately upon adoption, except that the provisions of Section 25 of this Ordinance shall take effect on March 1, 2008. 55 Ordinance No. 7835-07 _. U PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall des Assistant City Att ney December 20, 2007 January 17, 2008 ~~~~ rank V. Hibbard Mayor Attest: Cynt E. oudeau City rk 56 Ordinance No. 7835-07 .~ S~`!"'' r ~, " °__ o ~ s 9'~~Y ~~o A • Clearwater Clty COmmlSSlon Agenda Cover Memorandum session Item #: Final Agenda Item # Meeting Date: 12-20-07 SUBJECT/RECOMMENDATION: Approve amendments to the Community Development Code and pass Ordinance 7835-07 on first reading. ^ and that the appropriate officials be authorized to execute same SUMMARY: The Planning Department is recommending a total of 30 amendments to the Community Development Code. The amendments that present a change in current policy or a new policy issue are outlined here: - Parking Requirements for Marinas and Marina Facilities The parking formula is revised ensuring that adequate parking will be provided. - Permitted Uses within Zoning Districts This amendment adds certain uses as permitted uses within zoning districts. - Comprehensive Sign Program This amendment establishes a formal process for submittal, review, and action on applications, with specific timeframes. -Implementation of Levels One and Two Approvals The amendments provide a performance measure with specific tests to determine substantial development completeness. The amendments also prevent projects from becoming vested yet remaining inactive. Other amendments do not have major policy implications, but provide clarity and or better organization. Attached please find the staff report and Ordinance No. 7835-07, for further analysis. The Community Development Board (CDB) reviewed this proposed set of text amendments at its meeting on November 20, 2007. The Community Development Board unanimously recommended approval with two recommendations: 1. That Section 3-903. A. be modified to read, "...walkways leading to building entrances, driveway Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total N/A Michael Re Holds Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current N/A CI FY Risk Mgmt N/A Other Attachments: OP ORDINANCE NO. 7835-07 STAFF REPORT Other Submitted by: Appropriation Code: City Manager ^ None t.-~ Printed en recycled oaoer t access to garages...." This recommendation has been accepted by the Planning Department and is included in the attached ordinance. 2. That Planning Department staff study the matter of the number of boat slips per parking space and provide evidence to substantiate a recommendation for one parking space per two slips. The recommendation for one parking space per two slips was proposed based on the following: a. Wade Trim conducted research regarding marina high and dry parking needs. That research actually indicates that one parking space for every four boat slips is adequate to accommodate marinas even in peak demand periods. Attached please find support material from Wade Trim. b. The intent of the "one parking space per two slips" amendments, as proposed by the Planning Department, is to achieve consistency with other parking space requirements of the Community Development Code. Attached please find the staff report and Ordinance No. 7835-07, for further analysis. S: (planning DepartmentlCommunity Development Code12007 Code AmendmentslCode 4 - T,92007-OIOOIICC Ag.Cover Memo -Ordinance No 7835-07.doc CDB Meeting Date: Case: Ordinance No.: Agenda Item: November 20, 2007 TA2007-01001 7835-07 D2 CITY OF CLEARWATER PLANNING AND DEVELOPMENT SERVICES ADMINISTRATION STAFF REPORT TEXT AMENDMENTS REQUEST: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use iri certain locations, amending the setback requirement exceptions to allow certain site features, revising tree .protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, making the Code consistent with Federal, State, and County law or rules, establishing. a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. 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 Page 1 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 Staff Report patterns and improve internal processes. As part of the code update process, suggested amendments have been collected from the Planning Department and Development & Neighborhood Services Department. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. ANAT.VCTC~ The Planning Department is recommending a total of 31 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a surr<~.i:ary cil'tne most noteworthy proposed amendments organized b~~ Code Article. A brief summary of other amendments is also provided here. Also attached is Ordinance No. 7835-07 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 ^ Permitted Uses Location (Chart 2-100 of Ordinance, Pages 28, 32, 34, 35, 36, and 37) Ordinance No. 7835-07 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what use can be proposed and where in the City of Clearwater. The land uses of Veterinary Offices, and or Animal Grooming, with Boarding as an accessory use is proposed to be permitted through the Flexible Development or Level Two Process within the Downtown zoning district. Indoor Recreation/Entertainment and Publications and Printing are proposed as permitted land uses within the Industrial, Research, and Technology zoning district. ^ Marinas and Marina Facilities (Pages 28 and 39 of Ordinance) These amendments change the parking requirement for proposed Marinas and Marina Facility projects within certain zoning districts. The amendments will ensure that marinas and marina facilities will provide adequate parking, even though the number of required parking spaces is decreased. ^ Mixed Use as a Permitted Use (Pages 9, 10, 11, 20, 21, 22, 23, and 28 of Ordinance) This ordinance adds mixed use within the Tourist and Downtown zoning districts. The introduction of this use to these districts provides an incentive toward the Page 2 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 Staff Report • • reduction of automobile dependence and promotes residential uses within walking distances of shopping, dining, recreation, and employment. Mixed use is already permitted within the Commercial and Office zoning districts. Article 3 -Development Standards ^ Sign Code Amendments (Pages 44 and 45 of Ordinance) This amendment provides criteria for signage within City parks or recreational facilities. This is new to the sign code. The amendment allows one sign at each park to identify a specific program operated at the facility. It allows signage for programs operating with long-term leases and requires she Department of Parks and Recreation to approve the sign design to ensure consistency with Department of Parks and Recreation signage. Article 4 -Development Review and Other Procedures ^ Implementation of Levels One and Two Approvals (Pages 47 - 52 of Ordinance) The ordinance includes amendments to improve the implementation requirements for Level One and Level Two approvals, establishing a clear timeframe of 24 months, unless otherwise specified, for building permit issuance, completion of work, and certificate of occupancy issuance. The amendments also provide a performance measure with specific tests to determine substantial development completeness toward maintaining an approval. The amendments prevent projects from becoming vested yet not being built or completed, and remaining in an inactive status. ^ Comprehensive Sign Program Process (Pages 53 - 57 of Ordinance) The ordinance establishes a formal process for the submittal, review, and action on Comprehensive Sign Program applications. This process is designed to allow for the City's Comprehensive Sign Program to be consistent in process and to be efficient. Application reviews and staff decisions will occur within specific timeframes. Other Amendments Proposed Ordinance 7835-07 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: • Providing language to enable greater wall and fence height allowances in limited circumstances; • Making the Code consistent with other law or rules; • Amending the definitions section; and Page 3 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 Staff Report ~ ~ • Improving tree replacement provisions and the tree removal permit process. 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. i~elow is a selected list of goals, policies, objectives fior,. the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: • 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 reduced parking requirements for marinas and marina facilities. • Objective 4.1 -All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape. • Policy 4.1.1 -Commercial signs in Clearwater shall be restricted to discourage the proliferation of visual clutter, promote community aesthetics, provide for highway safety, and to allow the identification of business locations. • Policy 4.1.3 -Sign identification of City parks and buildings shall be used as a positive example of aesthetic and legible site identification. The proposed amendments include a single consistent process for City staff review of Comprehensive Sign Program application submittals. • Objective 4.2 -All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping/tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City. Page 4 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 Staff Report • Policy 4.2.1 -All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The ordinance improves City tree protection requirements and the tree removal permit process. The ordinance also strengthens the standards for the preparation of landscape plans. 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 regulatioh~e ranging from permitted uses, standards, procedures, and definitions. 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. These amendments further the development goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. The Planning Department Staff recommends APPROVAL of Ordinance No. 7835-07 which makes revisions to the Community Development Code. Prepared by Planning Department Michael H. Reynolds, AICP ATTACHMENT: Proposed Amendments to the Community Development Code Ordinance No. 7835-07 S:IPlanning DepartmentlCommunity Development Code12007 Code AmendmentslCode 4lstaffreport.doc Page 5 Amendments to the Community Development Code, Proposed Ordinance No. 7835-07 Staff Report DRAFT DATE: NOVEMBER 20, 2007 ORDINANCE NO. 7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO ~~~ICLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLITY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIREMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/ENTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW FOR CERTAIN ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING Ordinance No. 7835-07 • STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECfFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502 TO PROHIBIT WINDOWS FROM BEING COVERED UP WITHIN ANY COMMERCIAL AREA OF THE CITY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET R6GHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PARK PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1904 TO SPECIFY THE LAYING OUT OF LOCAL STREETS IN A GRID SYSTEM; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2102 TO LIMIT SEASONAL SALES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERMINATION OF INACTION TO IMPLEMENT A BUILDING PERMIT;' AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1102, BY REQUIRING CERTAIN LANDSCAPE PLANS TO BE PREPARED BY A LANDSCAPE ARCHITECT; AND. AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; 2 Ordinance No. 7835-07 AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN FEES; 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, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-07 Table 2-100 CHART 2-100 PERMITTED USES Use Cate ories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential X X ~4 X X X X X X X X X X X X X X X X X ~ X X X X X ccesso dwellin s X X X X X X ttached dwellin s, X X X X X X X Communit residentiai homes X X X X X X X X Detached dwellin s X X X X X X X X Mobile homes X Mobile home arks X Residential infill ro'ects X X X X X X X Nonresidential dult uses X X it ort X Icoholic bevera a sales X X X nimal roomin and or boarding X X X X ssisted livin facilities X X X X utomobile service stations X X Cemeteries X Comprehensive infill redevelo ment '. ro'ect CIRP X X X X X X X Con re ate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfwa houses X Hos itals X Indoor recreation/entertainment X X X X Li ht assembl X - - - - - - - ~4 X - - - - - - - - - - - - - X - - - - - - - - - Manufacturin X Marinas X X X ~4 X Marinas and marina facilities X X X X Medical clinic X X X X X Mixed use X X X X Ni htclubs, taverns and bars X X X X Non-residential off-street parkin X X X X Ordinance No. 7835-07 Nursing homes X X X X Offices X X X X X X Off-street arkin X X Open space X Outdoor recreation/entertainment X X X X X X Outdoor retail sales, display and/or torage X X Overni ht accommodations X X X X X X X X X Parkin ara es and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worshi X X X X Problematic uses X Public facili X X Publications and rintin X Public trans ortation facilities X X X X X X X X Research and technolo use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV parks X Salva a ards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X Social and communi centers X X X X Social/public service agencies X X X ~ X X elecommunications towers X X X X X V/radio studios X X Utili /infrastructure facilities X X X X X X X X X X X X X X X ehicle sales/dis la s X X ehicle sales/dis la s limited X X ehicle sales/displays, ma'or X ehicle service X ehicle service limited X ehicle service, ma'or X eterina offices X X X X holesa le/d istri butionlwarehouse acili X Ordinance No. 7835-07 Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre Ratio/Impervious Surface of Land Ratio Residential Urban 7.5 dwelling units FAR .40/ISR .65 per acre Residential Low Medium - 10 dwelling units per FAR .50/ISR .75 acre Residential Medium 15 dwelling units per FAR .50/ISR .75 acre Residential/Office General 15 dwelling units per FAR .50/ISR .75 acre 18 dwelling units per Residential/Office/Retail FAR .40/ISR .85 acre Section 3. Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: *********** Table 2-704. "C" District Flexible Development Standards Min. Lot Min. Max. Min. Min. Min. Min Off- Use Area Lot . Height Front Side Rear . Street (sq. ft.) Width ' (ft. ) (ft.) (ft.) (ft.) Parking (ft) Alcoholic Beverage Sales 5, 000-- 10 000 50-- 25 15-- 0-- 10-- 5 per 1,000 , 100 25 10 20 GFA Determined by the community Comprehensive development Infill Redevelopment n/a n/a n/a n/a n/a • n/a coordinator Project based on the specific use and/or ITE Manual standards 6 Ordinance No. 7835-07 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertainment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1 /machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 per 1,000 GFA 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 per 1,000 GFA Marinas and Marina 5,000-a 1 space per 2 Facilities 20,000 50 25 25 10 20 slips 4--5 spaces 5 000-- per 1,000 Mixed Use , 10 000 50-- 25--50 15-- 0-- 10-- GFA and 2 , 100 25 10 20 spaces per residential unit Nightclubs 5,000-- 10,000 50-- 25 15-- 0-- 10-- 10 per 1,000 100 25 10 20 GFA 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces Offices 10,000 100 25 10 20 per 1,000 GFA Off-Street Parking 10,000 100 n/a 15-- 0-- 10-- n/a 25 10 20 1--10 per 1,000 SQ FT of land area or as Outdoor determined Recreation/Entertainment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20,000- 100-- 25--50 15-- 0-- 10-- Accommodations 40,000 200 25 10 20 1 per unit Problematic Uses 5,000 50 25 15-- 10 10-- 5 spaces per 1,000 SF Ordinance No. 7835-07 • 25 20 GFA 3,500-- 35-- 25--50 15- 0-- 10-- 7--15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for ' 25 20 manager s office 3--4 spaces Social/Public Service 10 000 50-- 25--50 15-- 0-- 10-- er 1,000 GFA Agencies (1) , 100 25 10 20 Refer Telecommunication 10,000 100 to section 25 10 20 n/a Towers 3- 2001 10 000- 2.5 spaces Vehicle Sales/Displays , 40,000 100-- 25 15-- 10 10-- per 1,000 SQ 200 25 20 FT of lot area Veterinary Offices or 10 000 50-- 25 15-- 0-- 10-- 4 spaces per Grooming and Boarding , 100 25 10 20 1,000 GFA *********** Flexibility Criteria: B. Marinas and mMarina facilities. *********** *********** Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: 8 Ordinance No. 7835-07 Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Min. Off- Lot Height Min. Setbacks Use (1) rea idth 1 ft. 1 Density Street sq. ft.) ft.) ft)) ) () Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a Alcoholic Beverage Sales 5 000 50 35 10 10 , 15 Attached Dwellings 10,000 100 35-- 10-- 10 50 15 Governmental Uses(2) 10,000 100 35-- 10-- 0-- 50 15 10 Indoor 35-- 0--15 0-- Recreation/Entertainment 5,000 50 100 10 Medical Clinic Mixed Use Nightclubs Non-Residential Off- Street Parking 10,000 100 30-- 10-- 10 50 15 10 000 50- 35-- 0--15 0= , 100 50 10 5,000 50 35 15 10 n/a n/a n/a 25 5 Offices 10,000 1100 150 115 I o0 Outdoor 10-- Recreation/Entertainment 5,000 50 35 15 10 n/a 30 1/unit units/acre 20 n/a 5 per 1,000 G FA 10-- 30 2 per unit 20 units/acre 10-- n/a 3--4/1,000 20 G FA 20 n/a 10 per 1,000 G FA 20 20 2--3/1,000 G FA 10-- 30 Based upon 20 units/acre use - requirements 20 n/a 10 per 1,000 G FA 10 n/a n/a 10-- 3--4 spaces 20 n/a per 1,000 G FA 2.5 spaces per 1,000 sq. ft. of lot area or as determined 20 n/a by the community development director based on ITE Manual standards 9 Ordinance No. 7835-07 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- rooms/acre 1 per unit Accommodations 150 50 15 10 20 Parking Garages and 20,000 100 50 15 10 10 n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities n/a 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities(3) ~~ ~ tea tea tea 4~ ~ aka ~~ - - - , - 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 G FA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Services 10,000 100 50 15 10 20 n/a per 1,000 G FA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 G FA Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) ************ Flexibility Criteria: F. Mixed Use ************ 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 10 Ordinance No. 7835-07 • 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not negatively impede emergency access. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 4. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The_physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 5. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. G~. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. H6~. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential-use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located 11 Ordinance No. 7835-07 • • immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides of the street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. #. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 12 Ordinance No. 7835-07 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. Jf. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. . 7. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or 13 Ordinance No. 7835-07 • ~ b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parking demand-generating purposes. K~. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6: Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. LJ4. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 14 Ordinance No. 7835-07 • i 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. M~. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 15 Ordinance No. 7835-07 • 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned- and committed parking facilities or the shared parking formula in Article 3, Division 14. NA1t. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. OAS. Restaurants: 1. Lot area and width: 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; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: 16 Ordinance No. 7835-07 • a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. P8. Retail sales and services. 1. Lot area and width: 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; 2. Location: The use of the parcel proposedfor development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: 17 Ordinance No. 7835-07 f~ a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan,or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Q~. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Rte. Social and community center. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 18 Ordinance No. 7835-07 • 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. Sid. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: Table 2-803. "T" Flexible Development Standards Min. Min Max. Min. Min. Min. Lot . Lot Height Front Side Rear Min.Off- Use (1) Area Width (ft.) (ft.) (ft.) (ft.) ' Density Street (sq. ft.) (ft.) (1) (1) (1) (1) Parking Alcoholic Beverage Sales 5 000 50 35-- 0-- 0-- 10-- n/a 5 per 1,000 , 100 15 10 20 GFA 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 units/acre 2 Per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive Infill n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator _ for all other uses based on the specific use and/or ITE Manual standards 19 Ordinance No. 7835-07 Limited Vehicle Sales and 35-- 0-- 0-- 10-- 4--5 spaces Display 5,000 50 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5 000 50 25 10-- 0-- 10-- n/a 1 space per Facilities , 15 10 20 2 slips 000 - 5 50- 35-- 0=- 0=- 0=- 30 Based upon Mixed Use , 10 000 100 100 15 10 20 units/acre use , requirements Nightclubs 5,000 50 35-- 0-- 0-- 10-- n/a 10 per 1,000 100 15 10 20 GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- n/a 100 15 10 20 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor determined Recreation/Entertainment 5 000 50 35 5-- 0-- 10-- n/a by the , 15 10 20 community development coordinator based on ITE Manual standards 10,000- 40 Overnight - 100-- 35-- 0-- 0-- 0-- rooms/acre 1 per unit Accommodations 20,000 150 100 15 10 20 5,000-- 50-- 25-- 0-- 0-- 10-- 7--15 spaces Restaurants 10,000 100 100 15 10 20 n/a per 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** 20 Ordinance No. 7835-07 Flexibility Criteria: *********** Marinas and mMarina facilities. *********** L. Mixed use 1. Lot area and width: The reduction in lot area and /or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 4. The increased height results in an improved site plan, with landscaping areas in excess of the minimum required or improved design and appearance. 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are 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 one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: 21 Ordinance No. 7835-07 • *********** Table 2-902. "D" Flexible Standard Development Standards Max. Min.Off-Street Use Height Parking (ft. ) Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertainment 30--50 3--5 per 1,000 GFA Facility Mixed Use 30--50 Based upon use requirements Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation 1 per 20,000 SF or as determined by the Facilities 50 community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats Public Transportation 10 n/a Facilities Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community 30--50 2--4 per 1,000 GFA Centers Utility/Infrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 22 Ordinance No. 7835-07 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 3. Design: The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Hl~. Offices. 23 Ordinance No. 7835-07 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of,significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. I#. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 24 Ordinance No. 7835-07 ~ ~ 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. K~. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixture's cast light directly on adjacent land used for residential purposes. 4. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. Lk~. Places of worship. 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. M~. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 25 Ordinance No. 7835-07 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NJ~4. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Off. Retail sales and service. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P9. Sidewalk vendors. 26 Ordinance No. 7835-07 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Q~. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. RQ. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, is amended as follows: ***~~*~ Table 2-903. "D" District Flexible Development Standards Use Max. Height Min. Off-Street (ft.) Parking Alcoholic Beverage Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--100 1--1.5 per unit Determined by the community Comprehensive Infill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 per 1,000 GFA 27 Ordinance No. 7835-07 Indoor Recreation/Entertainment Facility 30--100 3--5 per 1,000 GFA Limited Vehicle Sales and Display 30 2--4 per 1,000 GFA Marinas and /Marina Facilities 30 1 space per 2 slips Mixed Use 30--100 Based upon use requirements Nightclubs 30--100 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service Agencies 30--100 3--4 per 1,000 GFA Telecommunication Towers Refer to Section 3- 2001 n/a Veterinary Offices, and or Animal Grooming and Boarding 30 - 4 per 1,000 GFA Flexibility Criteria: H. Marinas and marina facilities. Mixed use *********** 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed buildina are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or 28 Ordinance No. 7835-07 • planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Nightclubs. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the, property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. K~. Offices. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. L~. Overnight accommodations. 1. Height: 29 Ordinance No. 7835-07 • a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; Mt`. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. NAB. Restaurants. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking. spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high 30 Ordinance No. 7835-07 ~ i probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. OA!•. Retail sales and services. 1. Height: a. The parcel proposed for developrent is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P8. Social/public service agencies. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 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 parking is available through any 31 Ordinance No. 7835-07 ! ~~ existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. Q~. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinary offices, and or animal .grooming and boarding. 1. The parcel proposed for development is not continuous to a parcel of land, which is designated as residential in the Zoning Atlas; 2. Boardinn of animals shall only be allowed if accessory to a veterinary office and/or grooming business; 3. The use of the parcel proposed for development does not involve animal confinement facilities that are open to the outside; 4. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors; 5. Accessory boarding facilities shall contain waste control facilities and an air-handling system for disinfection and odor control; and 6. Design: The design of all buildings complies with the Downtown District design nuidelines in Division 5 of Article 3. Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: *********** 32 Ordinance No. 7835-07 • • Table 2-1204. "I" District Flexible Development Min. Lot Min. Lot Max. Min. Off-Street Use rea idth Min. Setbacks (ft.) Height Parking sq. ft.) ft. ) (ftft.) Front Side Rear Determined by the community Comprehensive Infill development Redevelopment n/a n/a n/a n/a n/a n/a director based Project on the specific use and/or ITE Manual standards Marinas and Marina 5,000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities 25 15 20 Social and 20,000 100 15-- 15-- 4--5 per 1000 Community Centers 25 10 20 50 GFA 10, 000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: *********** 33 Ordinance No. 7835-07 Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Min Off-Street Uses q f idth . (ft.) ft )ght . Parking s t) (ft. ) ( Front Side/ Rear Accessory Dv~reilings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 5/1,000 SF GFA 20,000 200 20 15 50 or 5/lane, 2/court Recreation/Entertainment(4) or 1/machine 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 (accessory n/a n/a n/a n/a n/a n/a use)(2) 1 per 20,000 SF land area or as determined by Parks and Recreation n/a 10/20 the community Facilities n/a 25 50 development coordinator based on the ITE Manual standards Publications and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 1 per 20 units Self Storage 20,000 200 20 15 50 plus 2 for ' manager s office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA 34 Ordinance No. 7835-07 r r 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 Facility , -GFA *********** (4) Indoor Recreation/Entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Max. Min Off- Uses rea Lot Min. Setbacks Height . Street (sq. ft.) idth ft.) (ft.) Parking ft.) Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined Outdoor 40,000 200 by the Recreation/Entertainment 20 15 30 community development coordinator based on ITE Manual standards 35 Ordinance No. 7835-07 ~ ~ Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA 10.000- 100- 3/1,000 SF Publications and Printing 20 15 50 20,000 200 GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology '=y"~0~~0 100 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 5,000-- 50 - 7--15 Restaurants(5) 10,000 100 20 15 30 spaces per 1,000 GFA 1 per 20--25 10 000 100 units plus 2 Self Storage , 20 15 50 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(3) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Vehicle Sales/Displays(4) Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: 36 Ordinance No. 7835-07 • *********** J. Publications and printing. 1. Lot area and width: The reduction in lot area and /or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. The parcel proposed for development is not contiguous to a parcel of land, which is designated as residential in the Zoning Atlas; and 3. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildings. K~. Research and technology. 1. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 2. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F) below L~. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. M~. Retail sales and services. 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. The retail sales and service use is located in a building used for a minimum standard use in the district and the retail sales and service use occupies no more than ten percent of the floor area of the building; 4. The retail sales and service use is of a design and character that wilt primarily serve the employees or patrons of minimum standard uses in the district. N~4. 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. 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 37 Ordinance No. 7835-07 • • 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 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. OAS. Self storage. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. P8. N/radio studio. 1. All buildings are designed and located so that no building is closer than 100 feet from a parcel of land which is designated as residential in the Zoning Atlas or is used for residential purposes. 2. All satellite dishes and other telecommunication equipment other than permitted antennae are screened from view from any land which is designated as residential in the Zoning Atlas or is used for residential purposes. 3. All satellite dishes and other equipment other than permitted antennae are screened from view from the right-of-way of arterial roads. Q~. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure. Rte. Vehicle sales and service. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. Ste. Vehicle service. 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 does not involve the overnight, outdoor storage of automobiles. 3. No more than two service bays front on a public street. 38 Ordinance No. 7835-07 i i T~. Veterinary offices and animal grooming. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; U~. Wholesale/distribution/warehouse facility. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the proposed parcel for development shall be conducted within completely enclosed buildings. 3. All outdoor storage of goods, materials and products shall be in compliance with the provisions of Section 2-1303(F). Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: *********** Table 2-1502. "P" District Flexible Standard Development Standards Min. Lot Lo't ~ Max. Min. Off- Use ize idth Min. Setbacks (ft.) Height Street sq. ft.) ft) (ft.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 liper 2 slips Outdoor 10 000 5/10,000 Recreation/Entertainment , 100 25 10 15 30 sq. ft. Land ************ Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 39 Ordinance No. 7835-07 ~ ~ 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level OneTwa (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. 3. Walls, no greater than a maximum height of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoning district. Sgch walls shall be architecturally compatible with the building design within the subdivision. 4.3- Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. ~~ ~~ B. Side and rear setback areas. 1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a. Fences and walls may be permitted up to eight feet in height if located in the Industrial, Research, and Technology District ("IRT"). b. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. Section 13. Article 3, Development Standards, Section 3-805; Chainlink fences; is amended as follows: F. Vacant lots. In all zoning districts except for the Downtown District, Chainlink fences, clad with green or black vinyl, and other non-opaque fences are permitted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3-805 above, with the exception to Section 3-805.8. Such fences shall be 40 Ordinance No. 7835-07 • limited to a maximum height of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencing shall be removed from the front setback. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor Iighting1 signs, minimum door landing required by the Florida Building Code, walkways leading to building entrances, driveway access to garages, and/or vehicular cross access driveways), shared parking, and trash staging areas, no building or structure shall.be per~~o~itted i~~ a setback required by the applicable zoning district. Sidewalks shall be no greater than three feet in width, nor greater in width than that required by the Florida Building Code. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is .amended as follows: *********** B.1. Minimum plant material standards: PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; Accent 8' height Florida unless overhead lines are Tree 2" caliper Grade #1 ° unavoidable; no more than 25 /° of required trees may be accent trees. Palm 10' clear gad-s#~aig#~ Florida Can be used to satisfy 75% of 41 Ordinance No. 7835-07 ~ ~ Tree trunk. Grade #1 tree requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 palm trees = 1 shade tree, except for specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. A.) 18--24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will be 36", high and 80% Use of Hibiscus (City flower) is opaque 12 months from encouraged for non-required Shrubs the time a certificate of Florida landscape plantings, especially occupancy is received Grade #1 for accent marking at entrances (excluding drives and and other points of high visibility triangles where visibility. applicable) B.) 14--24" in height when used for interior -planted every 30"--36", respectively (measured from the center of the shrub) with a 3 gallon minimum Ground 1 gallon minimum - " Florida Encouraged in lieu of turf to Cover planted a maximum of 24 Grade #1 reduce irrigation needs. ~ C Drought Turf areas should be Turf N/A tolerant consolidated and limited to areas varieties of pedestrian traffic, recreation and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, is amended as follows: 42 Ordinance No. 7835-07 ~ f *********** D. Tree and palm requirements and replacements. Tree and palm replacements e shall be in compliance with Section 3-1202(8)(1) and the following: *********** 1. Attached dwellings AA~t}~ and non-residential properties. The total amount of DBH removed from a multi-family or non-residential site shall be replaced on an inch-for-inch basis. 2. Single-family detached dwelling and two-family attached dwellin_g properties. The following shall govern the minimum number of trees that shall be required on a single-family or two-family lot. T",;~~~s~~ex^'~e *********** 5. Conditions and specifications. *********** b. Size. Replacement trees shall be in compliance with the size and quality standards set forth in Section 3-1202.6.1 . Section 17. Article 3, Development Standards, Section 3-1407, 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, in a front setback and/or forward of the building line of the principal structure and any right-of- way line in a residential zoning district up to a maximum of two frontages: 43 Ordinance No. 7835-07 Section 18. Article 3, Development Standards, Section 3-1502, Property maintenance requirements, is amended as follows: ************ C. Door and window openings. ************ 3. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and windcaw detailing comparable with any upper floors and the building facade in general. In addition, window panes shall not be painted or covered up. This restriction does not apply to the use of hurricane shutters. All awnings, screens or canopies shall be maintained in a good and attractive condition. a~ Damaged, broken, torn, loose, worn, faded armor bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. *********** Section 19. Article•3, Development Standards, Section 3-1803.L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3- 1806(6)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) awl (d) as allowed in Section 3- 1806(A), and (e) as allowed in Section 3-1805.2. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 20. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: *********** Z. One 10 square-foot freestanding sign not more than 5 feet in height or one 10 square foot attached sign per City park or City recreation facility for the purposes of identifying a program provider or information concerning programs at such park or recreation facility. The design of any such signs shall be approved by the Parks and Recreation Department. 44 Ordinance No. 7835-07 ~ ~ Section 21. Article 3, Development Standards, Section 3-2102, Permitted temporary uses, is amended as follows: A. The following temporary uses are permitted subject to obtaining a Level One approval in accordance with the provisions of Article 4, Division 3 and the provisions of this division: 4. Sales for Christmas trees and ; pumpkins *********** Section 22. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. *********** A. Basic information required for all applications. All applications for development approval shall include the following information: *********** Section 4-202.A.9.i. i. Building or structure €elevation drawings for all Level One (flexible standard development) and Level Two approvals unless waived or modified by the community development coordinator. *********** Section 4-202.A.11.x.,y., z., and aa. *********** x. Building €elevation drawings for all Level One (flexible standard development) and Level Two approvals unless waived or modified by the community development coordinator. 45 Ordinance No. 7835-07 • • Section 4-202.A.23 y. Floor plan typicals of buildings for all Level One (flexible standard development) and Level Two reviews. A floor plan of each floor is required for any parking garage requiring a Level One (minimum standard and flexible standard) or Level Two approval. z~. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa~. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** 234. An application for a permit for a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 246. An application for a fence permit shall include the following: a. The applicant's name, mailing address,. and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 256. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that 46 Ordinance No. 7835-07 adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: *********** Section 23. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: Section 4-303. Effect of Level One (flexible standard development) approval. A. A Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. cif: All development approvals shall be valid for a time frame of twenty-four (24) months, unless a different time frame is specifically stated in the associated development order; however the permitted time frame does not change with successive owners. B. In order to maintain an approval within the aforementioned approval period, substantial improvements must be made. A development approval must meet one of the following tests: 1. Improvements representing 25 percent of the total cost of all improvements to be used in developing the approved project have been constructed; or 2. A certificate of occupancy has been issued for the use of the property pursuant to the development order. 47 Ordinance No. 7835-07 ~ • C. Extensions may be granted to a previously approved application pursuant to the following: 1. General reauirements aaalicab/e to all aaalications for extensions: a. The community development coordinator must receive a written request for an extension at least forty-five (45) days prior to the expiration date of the development order; b. The written request must set forth the basis and reason for the extension; c. The extension shall be requested only if the previously approved application has not been maintained by meeting one of the tests in Section 4-303.6. d. The extension shall be considered by the same body that granted the original approval; and e. The extension, if granted, shall be for eighteen (18) months unless otherwise stated; 2. Construction has commenced: When there are improvements to the site but less than 25% complete, the granting body shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project may be granted to enable the project completion. In considering "diligence and good faith", the grantinq body shall consider: a. When the construction commenced; b. The extent to which construction has proceeded; and c. The extent to which there has been a continuous effort to develop, but because of circumstances beyond the control of the developer, it was not possible to complete work. 3. No construction: When the project has not commenced construction the request for extension shall be considered pursuant to the following: a. the community development coordinator shall consider whether or not there are pending or approved Code amendments which would significantly affect the project; b. Additional submittal information including a new application; c. The grantinq body must make findings of fact pursuant to Section 4-404; and 48 Ordinance No. 7835-07 ~ • d. The granting body may impose additional conditions of approval pursuant to Section 4-302.B to ensure compliance with the applicable general and specific flexibility requirements and standards set out in Articles 2 and 3 of this Development Code. Section 24. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Section 4-407. Expiration of a Level Two approval. .~.Onroc~e n4 va~'r~vr. , ~ ~~ , e , e r e A. A Level Two (flexible development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this development code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. All development approvals shall be valid for a time frame of twenty-four (24) months, unless a different time frame is specifically stated in the associated development order; however the permitted time frame does not change with successive owners. 49 Ordinance No. 7835-07 Amendments that would require a major revision to the subject project must be approved as part of a new Level Two application. Transfers of Development Rights (TDR) are exempt from these provisions. B. In order to maintain an approval within the aforementioned approval period, substantial improvements must be made. A development approval must meet one of the following tests: 1. Improvements representing twenty-five percent (25%) of the total cost of all improvements to be used in developing the project have been constructed; or 2. A certificate of occupancy has been issued for use of the property pursuant to the development order. C. Extensions may be granted to a previously approved application pursuant to the following: • 1. General requirements applicable to all applications for extensions: a. The Planning Department must receive a written request for an extension at least forty-five (45) days prior to the expiration date of the development order; b. The written request must set forth the basis and reason for the extension; c. The granting body must make findings of fact pursuant to Section 4-404; and d. The extension shall be considered by the same body that granted the original approval; e. The extension, if granted, shall be for eighteen (18) months unless otherwise stated; 2. Construction has commenced: When there are substantial improvements on the site but less than 25% complete, the grantinq body shall consider the diligence and good faith of the developer to actually commence and complete construction. In this case, an extension to the originally approved project without change or without evaluation pursuant to subsection 3, which follows, shall be granted to enable the developer to complete the project as opposed to allowing a continuing approval in order to more readily sell the land and/or project. In considering "diligence and good faith", the grantinq body shall consider: a. When the construction commenced (construction which is commenced immediately preceding expiration generally indicates a lack of good faith b. The extent to which construction has proceeded; and 50 Ordinance No. 7835-07 c. The extent to which there has been a bonafide continuous effort to develop, but because of circumstances beyond the control of the developer, it was not possible to complete work. 3. No construction: When the oroiect has not commenced construction the request for extension shall be considered pursuant to the following: a. The project shall be evaluated pursuant to the Community Development Code in effect at the time of consideration of the extension request and shall comply with such current requirements; b. Additional submittal information including a new application and copies of previously submitted material may be required; c. The grantinq_hody must make findings of fact pursuant to Section 4-404; d. The granting body may impose additional conditions of approval pursuant to Section 4-404 to ensure compliance with the applicable general and specific flexibility requirements and standards set out in Articles 2 and 3 of the Code. Section 25. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: *********** B. Application requirements. In addition to the basic information required by section 4-202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 1. A statement of the requested duration of the development agreement, which shall not exceed twenty #e~years. *********** Section 26. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by a-pre-application conference with the development services director and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least 51 Ordinance No. 7835-07 • ~- the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. Section 27. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, and Section 4-1008, Comprehensive Sign Program process is amended and established as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signs, and signs as part of a Comprehensive Sign Program, in accordance with the standards of Article 3, Division 18. Section 4-1008. Comprehensive Sign Program. In accordance with Article 3, Division 18, Section 3-1807 Comprehensive sign program, the procedures for review and approval follow here. A. Information required for all applications. All applications for Comprehensive Sign Program approval shall include the following information: 1. Legal description of the property where the sign is proposed to be located; 2. Name, address and telephone and facsimile number, if any, of the owner of the property where the sign is proposed to be located; 3. The name of the owner(s) representative or agent and consultants, if any, with mailing address, electronic mail address, telephone and facsimile, if any, number; and completed affidavit to authorize agent form; 4. All street address(es) and parcel numbers of the parcel proposed for development; 5. Ownership: A copy of a deed to the property proposed for development, a copy of a title insurance policy or an affidavit attesting to ownership; 6. A signed and sealed survey of the property including the dimensions, acreage and location of the property prepared by a registered land surveyor showing all current structures/improvements; 7. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and including the following: a. North arrow, scale (with bar scale) and date prepared; 52 Ordinance No. 7835-07 • b. Location map; c. Show all property lines; d. Identification of watercourses, wetlands, tree masses and specimen trees, including description and location of under story, ground cover vegetation and wildlife habitats or other environmentally unique areas; e. Land areas expressed in square feet and acres; f. All required five-foot setbacks as measured from the property line; g_ ,Location of all public and private easements and street rights-of-way within and adjacent to the site; h. Location of all existing and proposed points of access; The footprint and size of all existing and proposed buildings and structures on the site; L Sight visibility triangles shown and labeled; k. Location of all existing and proposed sidewalks; Lot frontage on all street rights-of-way; m. The location of all proposed landscape material including size and species; n. Location of all attached and freestanding including directional signaqe, proposed and existing, indicating with labels if to be removed; and o. Location of the sign in relation to property lines, public rights-of-way, easements, buildings and other signs on the property; 8. Sign Plan, to include: a. Date prepared; b. Bar scale; c. To scale drawings, in color, of all proposed signaqe (attached, freestanding, and directional signs) which include the following: i. dimensions, with dimensional arrows; 53 Ordinance No. 7835-07 • • ii. sign area in square feet; iii. .height and width of sign and sign structure, measured in feet; iv. labels of all colors; v. surface area of the sign proposed; vi. text copy including the message of the sign; vii. changeable copy, if proposed; and viii. describe any illumination including the type, placement, intensity, hours of illumination and system to automatically turn off lighting when the business is closed, and sign area to be illuminated. d. Building elevation color drawings, to scale, for all sides of any building with proposed and existing attached sianage; e. Master sign plan for shopping centers and office parks, to include all signs; f. Site data table, to include how all proposed signs (existing and new) meet code requirements, with a calculation worksheet; and g. Number, type, location and surface area of all existing signs on the same property and or building on which the sign is to be located; 9. Completed written responses to the Comprehensive Sian Program criteria, set forth in Section 3-1807. B. Required submittal information for amended approvals. All applications for Comprehensive Sian Program amended approval shall include the following information: 1. Section 4-1008 A., Items 1 - 5 and 9; 2. Applicable attachments depending on the proposed amendment including any site plan replacement sheets necessary to indicate all amendment details; 3. Applicable attachments depending on the proposed amendment including any sign plan replacement sheets necessary to indicate all amendment details. 4. Written narrative explaining the amendment. 5. Amendment fees, as applicable. C. Determination of Completeness. 1. Determination of completeness. Within seven working days after receipt of an 54 Ordinance No. 7835-07 • application for Comprehensive Sign Program approval, the community development coordinator shall determine whether the application is complete. a. Application complete. If the community development coordinator determines that the application is complete, he shall notify the applicant in writing that the application has been accepted for filing. b. Application not complete. If the community development coordinator determines that the application is not complete, he shall notify the applicant, specifying the deficiencies of the application. No further review shall occur -until the application is deemed complete. The applicant shall have seven business days from the date of the incomplete letter to address all deficiencies or the application shat! be deemed withdrawn. If deficiencies are. addressed, the community development coordinator shall notify the applicant in writing that the application has been accepted for filing. D. Application and design review. Upon determination that a Comprehensive Sign Program application is complete, the community development coordinator shall review the application and determine whether the application demonstrates compliance with the requirements of the comprehensive sign program set forth in Section 3-1807. Within ten working days of completeness, the community development coordinator may grant approval, grant the approval subject to specified conditions or deny the application for comprehensive sign program. The review period of ten days may be extended by mutual consent of the applicant and the community development coordinator to allow revised materials to be submitted and reviewed for compliance with the requirements of the comprehensive sign program. Revised materials shall be submitted within the timeframe established by the community development coordinator but no more than 30 working days based on the extent of the deficiencies identified. If materials are not received within that timeframe, the application shall be deemed denied. If the resubmission material is submitted within the timeframe specified, the community development coordinator shall determine whether the resubmission materials demonstrate compliance with the comprehensive sign program and shall either grant the approval, approve with conditions or deny the application. E. Effect of Comprehensive Sian Approval. Comprehensive Sian Program approval authorizes only the particular signs approved and entitles the recipient to apply fora building (sign) permit. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Comprehensive Sign Program approval, an application for a building (sign) permit shall be made within one year of the date of the Comprehensive Sign approval, and all 55 Ordinance No. 7835-07 signs shall be installed and any conditions met within six months of issuance of a ep rmit. *********** Section 28. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (Tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit. t# r ~-~-'~~ Section 29. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council .Pursuant to the Florida Statutes. Chapter 163. community development board also means "local planning agency" *********** Principal structure and right-of--way location means that area of land located between a right-of-way and the principal structure on the lot. *********** Publications and printing means a facility primarily for the production of books, catalogs, magazines, tabloids, newspapers, circulars, business cards, forms, brochures, newsletters, labels and the like. *********** Seasonal Sales means a sale conducted during traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season are allowed to be sold and general merchandise not associated with the seasonal sale such as toys. tools. clothing. etc are prohibited from being sold as a seasonal sale item. 56 Ordinance No. 7835-07 ! 1 Section 30. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications .....................Noe Fee (b) Zoning verification letter .......................... .............. 50.00$5-9A (c) Zoning interpretation letter and Release of Unity of Titles letter. . .....................................................................................150.00~9:8~ (d) Minor lot adjustment and Division of a Previously Platted Lot. ...........................................................................................150.00 (e) Flexible standard development--Detached dwellings and two attached dwellings -accessory uses/structures ' ............................... 100.OO~A:89 (f) Flexible standard development--Detached dwellings and two attached dwellings. Sir~gfe~ar~aia~~r~ ;oe f.~mil" ee .................................................................. .200.OOa-~A:-A9 (g) Flexible standard development--Attached dwellings, mixed uses and nonresidential uses ...........475.00 (h) Continuances requested by applicant of a DRC meeting ............75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use .................................50.00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit ............................................................. 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. (i)Comprehensive sign program.. .400.00 .............................................. (~) Minor amendment to approved comprehensive sign program, per application ..................................................................150.005-89 (IJ~) Temporary use permit for seasonal sales .............................250.00 57 Ordinance No. 7835-07 ~ ~ (2) Level Two. (a) Flexible development--Detached dwellings, two attached dwellings and accessory uses/structures .................................................................................. 300.00 98:OA (b) Flexible development-Attached dwellings, mixed uses and nonresidential uses ........... 1,205.00 (C) 4nrt}~pa°ui~ td }h~6.emm,~~ifi~~ ~iolnr~mer~c-v9e~r~--f c~~~°al hth.M ~ nn nn (d) Appeals to the community , development board--Residential and nJ~lonresidential ....................................................................250.00 (e) Appeals to hearing officer ................................................ 500.00 (f) Continuances requested by applicant of a ~e~ CDB meeting/public hearing ................................................................................ 75.00 (g) Transfer of development rights (no additional charge if submitted with flexible development application) ............................................................ 1,205.00 (h) Preliminary plat ..............................................................600.00 (i) Minor revisions.. 400.00 (3) Level Three. (a) Annexations (including land use map amendment and rezoning to categories compatible with the county designations) .................. No Fee (b) Land use map amendment .............................................. 885.00 (c) Rezoning only ............................................................... 775.00 (d) Continuances requested by applicant of a DRC, CDB, or city council meeting/public hearing ........................................... 75.00 (e) Development agreement .................................... 1,500.OO~AA-98 (f) Final plat .......................................................................300.00 (g) Vested rights .................................................................500.00 Section 31. Article 3, Development Standards, Section 3-1807, Comprehensive sign program, is amended as follows: B. Permitted signage. 58 Ordinance No. 7835-07 1. Signage which is proposed as part of a comprehensive sign program may deviate from the minimum sign standards in terms of number of signs per business or parcel of land, maximum area of a sign face per parcel of land and the total area of sign faces per business or parcel of land, subject to compliance with the flexibility criteria set out in 3-1807.C. A comprehensive sign program shall be approved pursuant to the provisions set out in Section 4-1008. .Prohibited signs in 3-1803 are not eligible for a comprehensive sign program. *********** 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 Approved as to form: Leslie Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 59 Ordinance No. 7835-07 ,.~! Y Reynolds, Mike From: Chesney, Ed Sent: Wednesday, December 12, 2007 9:57 AM To: Reynolds, Mike Subject: RE: Report Parking Standards for Marinas The current upland improvement plans show 66 spots in the lots adjacent to the boat slip project. In addition there are 59 street parking spaces available for a total of 125 parking spots. The parking lot behind city hall is also in close proximity to the project with ample parking there. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 12, 2007 9:40 AM To: Chesney, Ed Subject: RE: Report Parking Standards for Mazir,as But, How many parking spaces? Mike -----Original Message----- From: Chesney, Ed Sent: Wednesday, December 12, 2007 9:30 AM To: Reynolds, Mike Subject: FW: Report Parking Standards for Marinas see attached report from Wade Trim. The downtown boat slips project was approved to have 140 wet slips. The proposed design is currently at 129 slips. -----Original Message----- From: Fernandez, Jose [mailto:JFernandez@WadeTrim.com] Sent: Tuesday, December 11, 2007 4:56 PM To: Chesney, Ed Cc: Gildersleeve, David; Grant, Lee Subject: Report Parking Standards for Marinas Mr. Chesney, As you requested, attached you will find our report on parking standards for marinas. If you have any questions, or need any additional information, do not hesitate to contact us. Jose R. Fernandez WadeTrim, Inc. Planning- Municipal Services Renaissance 5, Suite 220 8745 Henderson Road Tampa, Fl 33634 Ph: 813-882-8366 Fax: 813-884-5990 http://www.wadetrim.com « CLW Report- Parking Standards-Marinas.pdf» 1 .~ ~~ 2 ~~ ~ ~~ Reynolds, Mike From: Bruch, Tracey Sent: Tuesday, December 11, 2007 2:50 PM To: Reynolds, Mike Subject: RE: Parking spaces: overflow lot at City Hall Mike: The lot behind City Hall has 63 spaces (unmetered). Tracey Tracey Bruch, CAPP Parking Manager (727) 562-4771 tracey.bruch@myclearwater.com -----Original Message----- From: Reynolds, Mike Sent: Tuesday, December 11, 2007 2:47 PM To: Bruch, Tracey Subject: Parking spaces: overFlow lot at City Hall Tracey, Would you kindly tell me how many parking spaces are located in the overflow parking lot at City Hall? Thank you. Mike i ~ Reynolds, Mike From: Dougall-Sides, Leslie Sent: Tuesday, December 11, 2007 3:20 PM To: Reynolds, Mike Subject: A04-01420 : RE: Comp Sign Program, part of Code 4 Importance: High IbINumAttach: 0 MessageGUID: {2CFC2705-DOEC-4208-8D1 E-E1 B9312A83FE} OriginalDate: None Originator: SQL Style: Planning General miscellaneous Yes, just modify the Effective. Date Section to add "except that the provisions of Section(s) __ of this Ordinance shall be effective on March 1, 2008". This does not change the title or require readvertising. Leslie -----Original Message----- From: Reynolds, Mike Sent: Tuesday, December li, 2007 2:54 PM To: Dougall-Sides, Leslie Subject: Comp Sign Program, part of Code 4 Leslie, Is it possible for the Comprehensive Sign Program provisions, within Ord. # 7835-07 to become effective on March 1, 2008 instead of the projected Council approval date (second reading) on January 17, 2008? Thank you. Mike Reynolds, Mike From: Reynolds, Mike Sent: Thursday, December 06, 2007 11:47 AM To: Porter, Catherine Subject: Fee Comparison Table Catherine, Thank you for the questions about the new table that I constructed. Question about the Development Agreement process fees. Three jurisdictions have no development agreement fee: City of St. Petersburg, Pinellas Park, and the City of Tampa. When I spoke with each of these offices, I asked the fee question so that there would be no doubt that I was asking about a development agreement or any like process. My contacts were: Rick McCauley for St. Petersburg, Joe Aukstikalnis for Pinellas Park, and Gloria Moreda for Tampa. The City Planning Department assembled a fee comparison approximately seven years ago. That particular comparison shows the same three places with no fee for development agreement. In fact at that time, there was a fourth jurisdiction with no development agreement fee: Pinellas County. I did make a modification to the fee comparison table today, to clarify the one & two family property reviews column. The fee is for any special review required by the jurisdiction for one and two family properties. Attached is the modified table. Also attached is the 2000 era table. Fee Comparison.xls Fee Comparison.xls Mike FEE COM PARISON WITH AREA COMMUNITIES Type of Review Largo St. Petersbure Pinellas Park Pinellas Tampa Hillsborough Proposed County Countv Clearwater Fees Zoning verification letter $25.00 $20.00 - $50.00 ** $10.00 $130 $50.00 - $215.00 $55.00 $50.00 Zoning interpretation letter $50.00 $20.00 - $50.00** $0.00 $0.00 $135.00 $506.00 $150.00 One & two family properties*** $20.00 * $0.00 $0.00 $37.00, plus .04 per sq. ft. $125.00 - $375.00 $0.00 $100.00 - $300.00 Site plan, minor revisions $0.00 $0.00 - $100.00 $50.00 $1,050.00 $500.00 $200.00 - $1,000.00 $400.00 Development agreement $2,400.00 $0.00 $0.00 $1,230.00 $0.00 $2,500.00 - $9,800.00 $1,500.00 * added to building permit cost ** $20.00 if within 6 - 10 working days; $50.00,. if within 2 -5 working day ***Any special review required by that jurisdiction Data collected November 2007, Clearwater Planning Department ~' .J FEE COM PARISON WITH AREA COMMUNITIES Type of Review Largo St. Petersburg Pinellas Park Pinellas Tampa Hillsborough Proposed County County Clearwater Fees Land Use Change $2,400 $2,000 600 + $940 $1,000 - $3,000 $1,200 $885 Rezoning only $2,400 $2,000 $290 $500 $550 - $1,000 $825 - $2510 + $775 Annexation No Fee No Fee No Fee Not Applicable No Fee Not Applicable No Fee Variance $300 + $75 - $200 + $225 $250 - $500 $100 - $250 $235 Not Applicable Conditional Use Not Applicable $600 $175 - $400 $500 Not Applicable $940 Not Applicable Site Plan Review $1,000 - $1,800 $250 - $500 $100 - $255 $230 $1 - $5,000 + $1,800 $1205* Development $2,400 No Fee No Fee No Fee No Fee $2500 - $9800 $500 Agreement Preliminary Plat $1,000 $650 - $750 $250 + $250 + $300 + $1800+ $600 Final Plat No Fee No Fee $250 $250 + $300 + $860 $300 Zoning Letters No charge unless $20 - $50 per hour $10 - $25 $50 $15 - $100 $35 - $55 $25 - $50 over 2 hours work Minor Lot No Fee $200 - $300 $100 No Fee $15 - $100 $275 - $450 $150.00 Adjustment Appeals $300 $75 - $500 $160 No Fee $50 - $250 $50 - $245 $100 - $500 *Commercial and Multi-Family Flexible Development Applications FEE COM PARISON WITH AREA COMMUNITIES Type of Review Largo St. Petersburg Pinellas Park Pinellas Tampa Hillsborough Proposed County County Clearwater Fees Zoning verification letter $25.00 $20.00 - $50.00 ** $10.00 $130 $50.00 - $215.00 $55.00 $50.00 Zoning interpretation letter $50.00 $20.00 - $50.00** $0.00 $0.00 $135.00 $506.00 $150.00 One & two family properties $20.00 * $0.00 $0.00 $37.00, plus .04 per sq: ft. $125.00 - $375.00 $0.00 $100.00 - $300.00 Site plan, minor revisions $0.00 $0.00 - $100.00 $50.00 $1,050.00 $500.00 $200.00 - $1,000.00 $400.00 Development agreement $2,400.00 $0.00 $0.00 $1,230.00 $0.00 $2,500.00 - $9,800.00 $1,500.00 * added to building permit cost ** $20.00 if within 6 - 10 working days; $50.00, if within 2 -5 working day Data collected November 2007, Clearwater Planning Department A~ '~ Item Present Fee Proposed Fee Zoning verification letter $ 25.00 $ 50.00 Zoning interpretation letter 50.00 150.00 Flexible standard development - 50.00 100.00 single family and two family properties- accessory uses/structures (1) Flexible standard development - 100.00 200.00 single family and two family properties (2) Minor amendment to approved 75.00 150.00 comprehensive sign program, per application Flexible development -Single 200.00 300.00 family and two family properties (3) Minor revisions (level two) 0. 400.00 Comprehensive Sign Program 300.00* 400.00 Development Agreement 500.00 1,500.00 (1) Changed to "Flexible standard development -Detached dwellings and two attached dwellings -accessory uses/structures" (2) Changed to "Flexible standard development -Detached dwellings and two attached dwellings" (3) Changed to Flexible development -Detached dwellings, two attached dwellings and accessory uses/structures The above table represents fee amendments only, and not reworded items where the fee remains the same amount. * Not included within Community Development Code fee schedule. MHR 11-OS-07 (revised comparison) • Reynolds, Mike From: Mettler, Christopher M [cmettler@co.pinellas.fl.us] Sent: Friday, November 02, 2007 12:35 PM To: Reynolds, Mike Cc: Crawford, Michael C Subject: RE: Review of proposed Community Development Code Amendments (Ordinance No. 7835- 07)for Consistency with the Countywide Rules Mike- Thank you for the follow-up comments. The proposed footnote language addressing the acreage restriction for indoor recreation/entertainment uses in IRT should also specify the restriction applies when used in the IL~plan category. As Gina pointed out in our meeting with her yesterday, IEtT gets tr.cky because it correlates to both the IL and IG future land use plan categories. Thank you for pointing out that the proposed animal grooming use is proposed as an accessory use and for directing me to the applicable language in the Downtown Redevelopment Plan. I agree with your conclusion that amendments to the Downtown Redevelopment Plan are not required. Have a good weekend. Chris Christopher M. Mettler Program Planner Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 ph: 727.464.8250 fax: 727.464.8212 www.PinellasPlanningCouncil.org -----Original Message----- From: Mike.Reynolds@myClearwater.com [mailto:Mike.Reynolds@myClearwater.com] Sent: Friday, October 26, 2007 2:21 PM To: Mettler, Christopher M Subject: Review of proposed Community Development Code Amendments (Ordinance No. 7835-07) for Consistency with the Countywide Rules Chris, As a follow-up to our telephone discussion, I am forwarding responses to comments stated in your October 3, 2007 letter to me. 1. I have summarized your first bullet to read: Provide an acreage limitation for Indoor Recreation/Entertainment in the Industrial, Research and technology (IRT) zoning district. The Countywide Rules require an acreage limitation of five acres for such use when located within the Industrial Limited Countywide Plan Map category. Response: The draft code amendment document has been revised with the addition of this text as a footnote to Table 2-1302: Indoor Recreation/Entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. 2. Your second bullet is about proposed changes to article 2, 1 1 Zoning Districts, Chart 2-lOCi and Section 2-903 (including amendments to the Downtown "D" zoning district). You wrote that amendments to the Downtown "D" zoning district, "... require amendments to the associated Clearwater Downtown Redevelopment Plan special area plan and must be reviewed by the Pinellas Planning Council and the Countywide Planning Authority." Response: We have made a determination that animal boarding is an allowable commercial accessory use in the Downtown. As such we do not need to specifically state this as a provision within the Downtown Redevelopment Plan. Refer to Clearwater Downtown Redevelopment Plan, Chapter 4 Plan Implementation, Relationship of Downtown Plan to Community Development Code, Page 214. Part of the second paragraph reads, "The Plan establishes categories of permitted uses and prohibited uses; based on this Plan, the Community Development Code will enumerate the specific types of permitted and prohibited uses and their related development standards consistent with this Plan." Further, the first sentence of paragraph 3 reads, "Any development regulation not specifically addressed in the Plan objectives, policies, character districts and design guidelines shall be governed by the Community i'•evelopment Code." As such, the amendments should nit require a specific review by the PPC and the CPA. Please contact me to discuss this response, if needed. Thank you, again. Mike Michael H. Reynolds, AICP Planner III Planning Department City of Clearwater Q ~ PINEL•S PLANNING COUNCIL i ~ (___~ UN.I ~iIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 '~ I ~ayor , and, aFE. Bradbury, Chairman Tele hone 727.464.8250 • Fax 727.464.8212 • www. inellas lanni ou Ct .or °101ay°r BotS~ack north, Vice-Chairman p p p ~ Ntayor=Beverley Billiris, Treasurer -- Vice-Mayor J~rry Knight, Secretary PLANNIi~;v & DE\/ELOPMEt~T vice-Mayor John Doran October 3, 2007 SERVICES Counci member avid W. "Bill" Foster CITI' OF Mayor Pat Gerard CLE.4RWATER Mayor Dick Holmes Mr. Michael Reynolds, AICP cl~ool-Bvard-Member Linda S. Lerner ~ Mayor Mary H. Maloof Planner III ~ Commissioner John Morroni Clt of Clearwater /p., ~.~'Q~ ~~= v Mayor Jim Ronecker }r Mayor Andy Steingold 100 S. Myrtle Avenue David P. Healey, AICP Clearwater, FL 33756 Executive Director RE: Review of Proposed Community Development Code Amendments (Ordinance No. 7835-07) for Consistency with the Countywide Rules Dear Mr. Reynolds: We are in receipt of your letter dated September 25, 2007, 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 change to Section 2-1302, adding Indoor Recreation/Entertainment as a permitted use in the Industrial, Research and Technology (IRT) zoning district is inconsistent with the Countywide Rules without an acreage limitation. The Rules require an acreage limitation of five acres for such anon-industrial use in the Industrial Limited Countywide Plan Map category, when alone or added to existing contiguous like uses, and when not part of a master developmerit plan. • Per the Countywide Rules Section 4.2.7.5.3, the proposed changes to Article 2, Zoning Districts, Chart 2-100 and Section 2-903, which include changes to the permitted uses in the Downtown (D) zoning district, require amendments to the associated Clearwater Downtown Redevelopment Plan special area plan. These amendments to the special area plan must be reviewed and approved by the Pinellas Planning Council and the Countywide Planning Authority. • The proposed changes to Chart 2-100 (except as noted above) and Sections 2- 301.1, 2-704, 2-802, 2-803, 2-902, 2-903 (except as noted above), Section 2-1302 (except as noted above) and 2-1303 are consistent with the Countywide Rules. PLANNING FOR THE PINELLAS COMMUNITY `} • f • The remaining proposed amendments to the City of Clearwater Community Development Code are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director H:\USERS\WPDOCS\RULES\Consistency DMermina[ions\CLEARWAT\CD07-l.clw.doc ~ r~ ~ PINELLAS l PLANNING v COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 3 3 755-41 60 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplannin October 3, 2007 Mr. Michael Reynolds, AICP Planner III City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 s~ f~ r';y7 f~ acf SS~duNCI~[I~Mc,.~nras ~~ ~'^' j Vice-Mayor SaricJ~a~. Bradbury, Chairman ~---------~-Mayy-or-BabaHackworth, Vice-Chairman )ur1CILOrg4Nh~lING & DEVELCAI~~6~~Teverley Billiris, Treasurer SERVICES Vice-Mayor Jerry Idnight, Secretary "':`~'VFCiE~ ATFR Vice-Mayor John Doran _ _.._._C~~nci.Lmember~avidW. "Bill" Foster t. Mayor Pat Gerard Mayor Dick Holmes School Board Member Linda S. Lerner Mayor Mary H. Maloof. Commissioner John Morroni Mayor Jim Ronecker Mayor Andy Steingold David P. Healey, AICP Executive Director RE: Review of Proposed Community Development Code Amendments ~- (Ordinance No. 7835-07) for Consistency with the Countywide Rules Dear Mr. Reynolds: We are in receipt of your letter dated September 25, 2007, 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 change to Section 2-1302, adding Indoor Recreation/Entertainment as a permitted use in the Industrial, Research and Technology (IRT) zoning district is inconsistent with the Countywide Rules without an acreage limitation. The Rules require an acreage limitation of five acres for such anon-industrial use in the Industrial Limited Countywide Plan Map category, when alone or added to existing contiguous like uses, and when not part of a master developmerit plan. • Per the Countywide Rules Section 4.2.7.5.3, the proposed changes to Article 2, Zoning Districts, Chart 2-100 and Section 2-903, which include changes to the permitted uses in the Downtown (D) zoning district, require amendments. to the associated Clearwater Downtown Redevelopment Plan special area plan. These amendments to the special area plan must be reviewed and approved by the Pinellas Planning Council and the Countywide Planning Authority. • The proposed changes to Chart 2-100 (except as noted .above) and Sections 2- 301.1, 2-704, 2-802, 2-803, 2-902, 2-903 (except as noted above), Section 2-1302 (except as noted above) and 2-1303 are consistent with the Countywide Rules. PLANNING FOR THE PINELLAS COMMUNITY e_ L ''• • The remaining proposed amendments to the City of Clearwater Community Development Code are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for transmitting these code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director H:\USERS\WPDOCSULULES\Consistency Determina[ions\CLEARWA'I1CD07-Lclw.doc "' ~".~ e~ ti~ a { Qc ... f~ r.~.'" ~ ~ ~~g til~r ',.h~Rj``~iti.~iu ~.... ~ PLANNING DEPARTMENT September 25, 2007 CITY OF CLEARWA'~°ER POST OFFICE BOX 4748, CLEAR\GATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, ZOO SOUTH MYRTLE AVENUE, CLEARWATER, 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. 7835-07 (ITEM NO.: TA2007-01001) 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 October 16, 2007. The City Council first reading date is November 15, 2007, and second reading date is December 6, 2007. Please note that part of this document, the Comprehensive Sign Program process section and sign code amendments are still in revision by City staff, as the ordinance as a whole is a draft document. This draft will be finalized for distribution to the Community Development Board by October 11, 2007. At that time the updated draft will be provided to you. Sincerely yours, „i !/!~c-r-~ Michael H. Reynolds, AICP Planner III cc: Gina Clayton, Assistant Planning Director Catherine Porter, Long Range Planning Manager S: (Planning DepartmentlCommunity Development Code12007 Code AmendmentslCode 41PPCITA2007-01001 Letter to PPCdoc FRANK HIBBARD, MAYOR JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCII.MEMBER B11.L JONSON, COUNGIIMEMBER CAREEN A. PETERSEN, COUNCILMEMBER ~~EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER~~ ~ f DRAFT DATE: SEPTEMBER 25, 2007 TA2007-01001 ORDINANCE NO.7835-07 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 301.1, MAXIMUM DEVELOPMENT POTENTIAL, TO ADD A FUTURE LAND USE DESIGNATION FOR CONSISTENCY WITH THE COMPREHENSIVE PLAN; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-704, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-802, 2-803, 2-902, AND 2-903 TO ADD MIXED USE AS A PERMITTED USE AND TO PROVIDE FLEXIBILITY FOR SAME; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-803, TO ADD MARINAS AS A PERMITTED USE AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD VETERINARY OFFICES AND OR ANIMAL GROOMING AS A PERMITTED USE, AND BOARDING AS AN ACCESSORY USE, PROVIDING MAXIMUM BUILDING HEIGHT AND MINIMUM OFF-STREET PARKING, AND ADDING FLEXIBLITY CRITERIA; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-903, TO ADD MARINAS AS A PERMITTED USE SEPARATE FROM MARINA FACILITIES, REDUCE THE PARKING REQUIREMENT, AND CHANGE THE FLEXIBILITY CRITERIA HEADING TO INCLUDE MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1204, TO MAKE PLURAL THE PERMITTED USE "MARINA" AS MARINAS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO ADD INDOOR RECREATION/EMTERTAINMENT, AND PUBLICATIONS AND PRINTING AS PERMITTED USES AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, TO ADD PUBLICATIONS AND PRINTING AS A PERMITTED USE AND PROVIDE DIMENSIONAL AND MINIMUM OFF- STREET PARKING REQUIREMENTS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1502, TO REDUCE THE PARKING REQUIREMENT FOR MARINAS AND TO CORRECT THE TABLE NUMBER; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-804 TO ENABLE ADDITIONAL WALL HEIGHT ALLOWANCES AND TO DESIGNATE, BY ADDING AND REMOVING DISTRICTS, WHERE SUCH ALLOWANCES WILL OCCUR; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-805 TO ENABLE VACANT LOTS AND LOTS WITHOUT A PRIMARY USE TO BE FENCED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-903 TO ALLOW. FOR CERTAIN 1 Ordinance No. 7835-07 4 , ENCROACHMENTS INTO SETBACKS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202 GENERAL LANDSCAPING STANDARDS TO CLARIFY PLANT MATERIAL STANDARDS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1205 TO CHANGE A TITLE WITHIN THIS SECTION AND TO REVISE THE CONDITIONS AND SPECIFICATIONS FOR THE REPLACEMENT OF TREES AND PALMS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1407, PARKING RESTRICTIONS, TO EDIT TEXT FOR CLARIFICATION OF WHERE VEHICLES CANNOT BE PARKED OR 'STORED; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1502 TO PROHIBIT WINDOWS FROM BEING COVERED UP WITHIN ANY COMMERCIAL AREA OF THE CITY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1803 TO ADDRESS EXCEPTIONS TO SIGNS PROHIBITED ON PUBLICLY OWNED LAND OR EASEMENTS OR INSIDE STREET RIGHTS OF WAY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1805 TO ADD A NEW SUBSECTION TO ADDRESS CERTAIN SIGNS PERMITTED WITHOUT A PERMIT ON CITY PROPERTY; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1904 TO SPECIFY THE LAYING OUT OF LOCAL STREETS IN A GRID SYSTEM; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-2102 TO LIMIT SEASONAL SALES; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-202, REVISING APPLICATION REQUIREMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-303, BY ADDING TEXT TO NULL AND VOID AN APPROVAL UPON DETERMINATION OF INACTION TO IMPLEMENT A BUILDING PERMIT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-407, BY REVISING TEXT REGARDING IMPLEMENTING APPROVED SITE PLANS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-606, BY REVISING TEXT TO LENGTHEN THE EXPIRATION OF DEVELOPMENT AGREEMENTS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-608, BY REVISING TEXT TO CHANGE CERTAIN CITY STAFF ROLES WITHIN THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT DESIGNATION PROCESS; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTIONS 4-1001 AND 4-1008, BY ADDING A SPECIFIC APPLICATION PROCEDURE FOR THE COMPREHENSIVE SIGN PROGRAM; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1102, BY REQUIRING CERTAIN LANDSCAPE PLANS TO BE PREPARED BY A LANDSCAPE ARCHITECT; AND AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, SECTION 4-1201, BY IMPROVING THE WORDING OF A REQUIREMENT TO OBTAIN A PERMIT TO REMOVE CERTAIN TREES; AND AMENDING ARTICLE 8, SECTION 8-102 TO ADD TO THE DEFINITION OF COMMUNITY DEVELOPMENT BOARD, AND TO 2 Ordinance No. 7835-07 ADD NEW DEFINITIONS: PUBLICATIONS AND PRINTING, SEASONAL SALES, AND PRINCIPAL STRUCTURE AND RIGHT-OF-WAY LOCATION; AND AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES TO REVISE CERTAIN TEXT AND UPDATE CERTAIN .FEES; 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, Chart 2-100, Permitted Uses, is amended as follows: 3 Ordinance No. 7835-07 ~ ~ Table 2-100 CHART 2-100 PERMITTED USES Use Cate ories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Y ~ X ~ X X X - X X X X X ~ - X X X X X X - X X Y< ~ X X X - ccesso dwellin s X X X X X X ttached dwellin s X X X X X X ommuni residential homes X X X X X X X X Detached dwellin s X X X X X X X X Mobile homes X Mobile home arks X Residential infill ro'ects X X X X X X X Nonresidential dult uses X X it ort X Icoholic bevera a sales X X X nimal grooming and boardin X X ~4 X ssisted living facilities X X X X utomobile service stations X X Cemeteries X Comprehensive infill redevelo ment '. ro'ect CIRP X X X X X X X on regate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfwa houses X Hos itals X Indoor recreation/entertainment X X X Li ht assembl X Limited vehiGe sales/dis la X X Limited vehiGe service X Manufacturin X Marinas X X X X X Marinas and marina facilities X X X X Medical clinic X X X X X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential parking X X X X Nursin homes X X X X Offices X X X X X X Off-street parking X X Open space X r~ dutdoor recreation/entertainment ~ . X X -- X X X X Outdoor retail sales, display and/or torage X X Overnight accommodations X X X X X X X X X Parking. garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worshi X X X X Problematic uses X Public facili X X Publications and rintin X Public transportation facilities X X X X X X X X Research and technolo use X Residential shelters X X X Restaurants X X X X X X Retail sales and services X X X X X X X X RV arks X alva a ards X chools X X X X X X X elf-storage warehouse X X Sidewalk vendors X X Social and communi centers X X X X ociaUpublic service a encies X ~4 X X X X elecommunications towers X X X X X /radio studios X X Utili /infrastructure facilities X X X X X X X X X X X X X X X ehicle sales/dis la s X X ehicle sales/dis la s, ma'or X ehicle service X ehicle service, ma'or X eterina offices X X X X holesale/distribution/warehouse acilit X ~ ~ 4 Section 2. Article 2, Zoning Districts, Section 2-301.1, Maximum development potential, is amended as follows: Countywide Future Land Use Maximum Dwelling Maximum Floor Area Designation Units per Acre of Land Ratio/Imper- vious Surface Ratio Residential Urban 7.5 dwelling units per FAR .40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR .50/ISR .75 acre Residential Medium 15 dwelling units per FAR .50/ISR .75 acre Residential/Office General 15 dwelling units per FAR .50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR .40/ISR .85 acre Section 3: Article 2, Zoning Districts, Section 2-704, Flexible development, is amended as follows: 4 Ordinance No. 7835-07 ~ ~ *********** Table 2-704. "C" District Flexible Development Standards Min. Min Min Min Lot . Lot Max. Min. . Side . Rear Min.Off- Use Area i th Height Front (ft.) (ft.) Street (sq. ft.) W j (ft.) (ft.) Parking Alcoholic Beverage Sales 5, 000-- 50-- 15-- 0-- 10-- 5 per 1,000 10,000 100 25 25 10 20 GFA Determined by the community development Comprehensive Infill n/a n/a n/a n/a n/a n/a coordinator Redevelopment Project based on the specific use and/or ITE Manual standards 3--5/1000 SF Indoor 3,500-- 30-- 25--50 15-- 0-- 10-- GFA or 3-- Recreation/Entertainment 10,000 100 25 10 20 5/lane, 1-- 2/court or 1/machine 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Light Assembly 10,000 100 25 25 10 20 Per 1,000 GFA 5,000-- 50-- 15-- 0-- 10-- 4--5 spaces Limited Vehicle Service 10,000 100 25 25 10 20 per 1,000 GFA Marinas and Marina 5,000-- 20 000 50 25 25 10 20 1 space per 2 Facilities , slips 4--5 spaces 5 000-- per 1,000 Mixed Use , 10 000 50-- 25--50 15-- 0-- 10-- GFA and 2 , 100 25 10 20 spaces per residential unit 5,000-- 50-- 15-- 0-- 10-- 10 per 1,000 Nightclubs 10,000 100 25 25 10 20 GFA Offices 3,500-- 30-- 25--50 15-- 0-- 10-- 3--4 spaces 10,000 per 1,000 Ordinance No. 7835-07 • 100 25 10 20 GFA Off-Street Parking 10,000 100 n/a 15-- 0-- 10-- n/a 25 10 20 1--10 per 1,000 SQ FT of land area or as Outdoor determined Recreation/Entertainment 20,000 100 25 15-- 10 10-- by the 25 20 community development coordinator based on ITE Manual standards Overnight 20, 000- 100-- 25--50 15-- 0-- 10-- Accommodations 40,000 200 25 10 20 1 per unit __ __ 5 spaces per Problematic Uses 5,000 50 25 25 10 20 1,000 SF GFA 3,500-- 35-- 25--50 15- 0-- 10-- 7--15 spaces Restaurants 10,000 100 25 10 20 per 1,000 GFA Retail Sales and Services 3,500-- 30-- 25--50 15-- 0-- 10-- 4--5 spaces 10,000 100 25 10 20 per 1,000 GFA RV Parks 40,000 200 25 15-- 20 10-- 1 space per 25 20 RV space 1 per 20 units Self Storage 20,000 100 25 15-- 10 10-- plus 2 for ' 25 20 manager s office 3--4 spaces Social/Public Service 5,000-- 10 000 50-- 25--50 15-- 0-- 10-- per 1,000 GFA Agencies(1) , 100 25 10 20 Refer Telecommunication 10,000 100 to section 25 10 20 n/a Towers 3- 2001 Vehicle Sales/Displays 10,000- 100-- 25 15-- 10 10-- 2.5 spaces Ordinance No. 7835-07 40,000 200 25 20 per 1,000 SQ FT of lot area Veterinary Offices or 5, 000-- 10 000 50-- 25 15-- 0-- 10-- 4 spaces per Grooming and Boarding , 100 25 10 20 1,000 GFA *********** Flexibility Criteria: *********** B. Marinas and mMarina facilities. Section 4. Article 2, Zoning Districts, Section 2-802, Flexible standard development is amended as follows: ***~~ Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. Min Off- Use (1) rea Lot Height Min. Setbacks Density . Street sq. ft.) idth 1) (ft.) (1) Parking ft.) ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a n 1/unit u nits/acre Alcoholic Beverage Sales 5 000 50 35 10 10 20 n/a 5 per 1,000 , 15 GFA Attached Dwellings 10,000 100 35-- 10-- 10 10-- 30 2 Per unit 50 15 20 units/acre Governmental Uses(2) 10,000 100 35-- 10-- 0-- 10-- n/a 3--4/1,000 50 15 10 20 GFA Indoor 35-- 0--15 0-- 10 per 1 000 Recreation/Entertainment 5,000 50 100 10 20 n/a , GFA Medical Clinic 10,000 100 30-- 10-- 10 20 20 2--3/1,000 50 15 GFA 7 Ordinance No. 7835-07 3--5/1, 000 Mixed Use 10,000 50 35-- 0--15 0_- 0--20 30 GFA, 2 - 50 10 units/acre spaces per unit Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off- n/a n/a n/a 25 5 10 n/a n/a Street Parking 10 000 100 35-- 10-- 0-- 10-- 3--4 spaces Offices , 50 15 10 20 n/a per 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor determined Recreation/Entertainment 5,000 50 35 10 10 20 n/a by the 15 community development director based on ITE Manual standards 100- 40 Overnight 20,000 - 35-- 10-- 0-- 10-- Accommodations 150 50 15 10 20 rooms/acre 1 per unit Parking Garages and 20,000 100 50 15-- 10 10 n/a n/a Lots 25 20 1 per 20,000 SF land area or as determined Parks and Recreation n/a by the Facilities n/a 50 25 10 20 n/a community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities(3) Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Ordinance No. 7835-07 5,000-- 50-- 25-- 10-- 0-- 10-- 7-15 spaces Restaurants 10,000 100 35 15 10 20 n/a per 1,000 G FA Retail Sales and 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Services 10,000 100 50 15 10 20 n/a per 1,000 G FA Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- 4--5 spaces Center 10,000 100 50 15 10 20 n/a per 1,000 G FA Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities(4) ************ Flexibility Criteria: ************ F. Mixed Use 1. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 2. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 3. Off-street parkin_g: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 4. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. Ordinance No. 7835-07 G~. Nightclubs. 1. Location. a. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. H6. Non-residential off-street parking. 1. The parcel proposed for development is contiguous to the parcel on which the non- residential use which will be served by the off-street parking spaces, is located and has a common boundary of at least 25 feet, or the parcel proposed for development is located immediately across a public road from the non-residential use which will be served by the off- street parking spaces, provided that access to the off-street parking does not involve the use of local streets which have residential units on both sides ofthe street. 2. No off-street parking spaces are located in the required front setback for detached dwellings in the T District or within ten feet, whichever is greater, or within (10) feet of a side or rear lot line, except along the common boundary of the parcel proposed for development and the parcel on which the non-residential use which will be served by the off-street parking spaces. 3. Off-street parking spaces are screened by a wall or fence of at least four feet in height which is landscaped on the external side with a continuous hedge or non-deciduous vine. 4. All outdoor lighting is automatically switched to turn off at 9:00 p.m. 5. All parking spaces shall be surface parking. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Ike. Offices. 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 10 Ordinance No. 7835-07 • 3. The design of all buildings complies with the Tourist District design guidelines in Article 3 Division 5. 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6. Height: The increased height results in an improved site plan or improved design and appearance. Jf. Outdoor recreation/entertainment. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All signage is a part of a comprehensive sign program; 3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 11 Ordinance No. 7835-07 4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development; 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 7. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; or b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parking demand-generating purposes. K~. Overnight accommodations. 1. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles;. 12 Ordinance No. 7835-07 d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Lot width: The reduction in lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. L~. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is landscaped or designed to be similar in character and use to other uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible the design and character of adjacent principal uses; 6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed for development; 7. Construction of a parking structure would not otherwise be physically feasible; 8. The front and rear setbacks which are provided are improved as an arcade or with other active pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities; 9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 10. Front setback: a. The reduction in front setback contributes to a more active dynamic street life; 13 Ordinance No. 7835-07 • b. The reduction in front setback results in an improved site plan or improved design and appearance. 11. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in rear setback results in landscaping in excess of the minimum required. M~. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential proposes. 4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 square feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. NA~4. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. All lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; . 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 14 Ordinance No. 7835-07 OAI•. Restaurants: 1. Lot area and width: 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; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 5. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 6. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off- street parking spaces. 15 Ordinance No. 7835-07 7. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. P8. Retail sales and services. 1. Lot area and width: 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; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Height: The increased height results in an improved site plan or improved design and appearance; 4. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required; 5. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 16 Ordinance No. 7835-07 • 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Q~. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement. 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Rte. Social and community center. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. Sly. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which five years after installation substantially will obscure the fence or wall and the above ground structure; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. Section 5. Article 2, Zoning Districts, Section 2-803, Flexible development is amended as follows: *********** Table 2-803. "T" Flexible Development Standards Min. Min. Max Min. Min. Min. Lot Lot . Height Front Side Rear Min.Off- Use (1) Area Width (ft.) (ft.) (ft.) (ft.) Density Street (sq. ft.) (ft.) (1) (1) (1) (1) Parking Alcoholic Beverage Sales 5 000 50 35-- 0-- 0-- 10-- nia 5 per 1,000 , 100 15 10 20 GFA 17 Ordinance No. 7835-07 5,000-- 50-- 35-- 0-- 0-- 10-- 30 Attached Dwellings 10,000 100 100 15 10 20 • units/acre 2 per unit 2 spaces per attached dwelling unit and as determined 30 by the units/acre; community Comprehensive Infill n/a n/a n/a n/a n/a n/a 40 development Redevelopment Project rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 35-- 0-- 0-- 10-- 4--5 spaces Display 5,000 50 100 15 10 20 n/a per 1,000 GFA Marinas and Marina 5 000 50 25 10-- 0-- 10-- n/a 1 space per Facilities , 15 10 20 2 slips 2--3 spaces 35-- 0=- 0=- - 0 30 per 1,000 Mixed Use 10,000 50 - 100 10 5 = 10 units/acre GFA; 2 - - - space per unit Nightclubs 5,000 50 35-- 0-- 0-- 10-- n/a 10 per 1,000 100 15 10 20 GFA 3--4 spaces per 1,000 GFA Offices 10,000 100 35-- 0-- 0-- 10-- n/a 100 15 10 20 2.5 spaces per 1,000 Outdoor 0 __ SQ FT of lot Recreation/Entertainment 5,000 50 35 55 1 0 20 n/a area or as determined . by the community 18 Ordinance No. 7835-07 ~ r development coordinator based on ITE Manual standards 10,000- 40 Overnight - 100-- 35-- 0-- 0-- 0-- rooms/acre 1 per unit Accommodations 20,000 150 100 15 10 20 5,000-- 50-- 25-- 0-- 0-- 10-- 7--15 Restaurants 10,000 100 100 15 10 20 n/a spaces per 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0-- 0-- 10-- 4--5 spaces 10,000 100 100 15 10 20 n/a per 1,000 GFA *********** Flexibility Criteria: *********** E. Marinas and mMarina facilities. *********** L. Mixed use 1. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 2. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 3. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. 19 Ordinance No. 7835-07 • • 4. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are used for storage or other non- parkinq demand-generating purposes. b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; *********** Section 6. Article 2, Zoning Districts, Flexible standard development, Section 2- 902, is amended as follows: *********** Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft. ) Min.Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 30--50 3--5 per 1,000 GFA Attached Dwellings 30--50 1-1.5 per unit Convention Center 30-50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 30--50 3--5 per 1,000 GFA Mixed Use 30--50 2--4 per 1,000 GFA, 1.5 spaces per unit Nightclubs 30--50 3--10 per 1,000 GFA Offices 30--50 1--3 per 1,000 GFA Overnight Accommodations 30--50 .75--1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30--50 .5--1 per 2 seats 20 Ordinance No. 7835-07 Public Transportation Facilities 10 n/a Restaurants 30--50 5--15 per 1,000 GFA Retail Sales and Service 30--50 2--4 per 1,000 GFA Sidewalk Vendors n/a n/a Social and Community Centers 30--50 2--4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a Flexibility Criteria: *********** F. Mixed use 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likel uses of the property will require fewer parkins spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adeauate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2. Division 14; G~. Nightclubs. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a 21 Ordinance No. 7835-07 high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. HC. Offices. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use. of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. I#. Overnight accommodations. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 22 Ordinance No. 7835-07 a~ `~ 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Parking garages and lots. 1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning Atlas; 2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis approved by the city; 3. The stacking spaces available for cars waiting to pass through a parking ticket dispenser or booth to enter the garage or lot shall be based on the design and size of the garage or lot; 4. Any frontage along a public street is designed and improved to be similar in character and use to other uses and structures fronting on each street for a distance of 250 feet in either direction along the street or the nearest intersections, whichever is less; 5. Parking structures are designed, constructed and finished so that the structure of the garage is architecturally compatible with the design and character of adjacent principal uses; 6. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Kd. Parks and recreation facilities. 1. The proposed use is compatible with the surrounding properties. 2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence of at least four feet in height. 3. All outdoor lighting is designed so that no light fixtures cast light directly on adjacent land used for residential purposes. 4. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. L~. Places of worship. 23 Ordinance No. 7835-07 1. Access: The use of the parcel proposed for development will not involve direct access to a major arterial street; 2. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 3. Off-street parking: The total number of off-street parking spaces including off-site parking spaces within 600 feet of the parcel proposed for development will be available on a shared basis to meet the peak period demands of the facility; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. M~. Public transportation facilities. 1. The public transportation facilities are not located within 1,000 feet of another public transportation facility unless necessary to serve established transit stops with demonstrated ridership demand; 2. The public transportation facilities are designed, located and landscaped so that the structure of the facilities are screened from view from any residential use or land designated as residential in the Zoning Atlas; 3. Any lighting associated with the public transportation facilities is designed and located so that no light is cast directly on any residential use or land designated as residential in the Zoning Atlas; 4. The design of all buildings complies with the Downtown District design guidelines in Division 4 of Article 3. NA~4. Restaurants. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. OAS. Retail sales and service. 24 Ordinance No. 7835-07 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P8. Sidewalk vendors. 1. The location of the sidewalk vendor does not impair pedestrian movement; 2. The land occupied by a sidewalk vendor is not designated or used for required off-street parking. Q~. Social and community centers. 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: The reduction in side and/or rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. Rte. Utility/infrastructure facilities. 1. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which is at least two-thirds the height of the above ground structure and shall be landscaped with trees which will five years after installation substantially obscure the fence or wall and the above ground structure; 2. Any above ground structure other than permitted telecommunication towers and utility distribution lines located on or along a rear lot line shall be screened from view by a wall which is an extension of an architectural treatment of a principal building; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 25 Ordinance No. 7835-07 Section 7. Article 2, Zoning Districts, Section 2-903, Flexible development, is amended as follows: ***~*~ Table 2-903. "D" District Flexible Development Standards Use Max. Height Min. Off-Street (ft.) Parking Alcoholic Beverage Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--100 1--1.5 per unit Determined by the community Comprehensive Infill n/a development coordinator based on the Redevelopment Project specific use and/or ITE Manual standards Educational Facilities 30--100 4/1000 GFA Governmental Uses 30--100 3--5 per 1,000 GFA Indoor Recreation/Entertainment 30--100 3--5 per 1,000 GFA Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Display Marinas and /Marina Facilities 30 1 space per 2 slips Mixed Use 30--100 2--4 per 1,000 GFA, 1-1.5 space per unit Nightclubs 30--100 3--10 per 1,000 GFA Offices 30--100 1--3 per 1,000 GFA Overnight Accommodations 50--100 .75--1 per unit Public Facilities 30--100 1--2 per 1,000 GFA Restaurants 30--100 5--15 per 1,000 GFA Retail Sales and Service 30--100 2--4 per 1,000 GFA Social/Public Service Agencies 30--100 3--4 per 1,000 GFA Refer to Telecommunication Towers Section 3- n/a 2001 Veterinary Offices and or 30 4 per 1 000 GFA Grooming and Boarding - , 26 Ordinance No. 7835-07 Flexibility Criteria: H. Marinas and marina facilities. I. Mixed use 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking 'is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Jf. Nightclubs. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such -that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 27 Ordinance No. 7835-07 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. K~. Offices. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. LJ4. Overnight accommodations. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3; M~. Public facilities. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for governmental customer service purposes or is designed and/or screened to contribute to an active urban street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high 28 Ordinance No. 7835-07 • M probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. Nom. Restaurants. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. All street frontage is designed and used for commercial purposes; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. OJT. Retail sales and services. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court; b. The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within one thousand (1,000) feet of the parcel proposed for development, or parking is 29 Ordinance No. 7835-07 available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 3. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. P8. Social/public service agencies. 1. Height: a. The parcel proposed for development is located to the west of Myrtle, south of Drew and north of Court. b. The increased height results in an improved site plan and/or improved design and appearance. 2. All street frontage is designed and used for customer service purposes or is designed and/or screened to contribute to an active street environment; 3. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. 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 parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 4. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 5. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 6. The social/public service agency shall not be located within 1,000 feet of another social/public service agency. Q~. Telecommunication towers. 1. No telecommunication tower is located on Clearwater Beach. 2. If the telecommunication tower is located within a scenic corridor designated by the City of Clearwater or a scenic noncommercial corridor designated by the Pinellas Planning Council, the applicant must demonstrate compliance with the design criteria in those designations. 3. The design and construction of the telecommunication tower complies with the standards in Article 3 Division 21. R. Veterinary offices, and or animal grooming and boardin_g. 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 does not involve animal confinement facilities that are open to the outside. Animals cannot be housed outdoors. 30 Ordinance No. 7835-07 3. Boarding is permitted only as an accessory use to either veterinary offices or animal grooming. Section 8. Article 2, Zoning Districts, Development Standards, Section 2-1204, Flexible development, is amended as follows: *********** Table 2-1204. "I" District Flexible Development Min. Lot Min' Max Use rea Lot Min. Setbacks (ft.) . Height Min. Off-Street sq. ft.) idth (ft) Parking ft. ) Front Side Rear Determined by the community Comprehensive Infill development Redevelopment n/a n/a n/a n/a n/a n/a director based Project on the specific use and/or ITE Manual standards Marinas and Marina 5,000 50 15-- 10-- 0-- 30 1 per 2 slips Facilities 25 15 20 Social and 20,000 100 15-- 15-- 4--5 per 1000 Community Centers 25 10 20 50 GFA 10, 000- Social/Public - 100 15-- 10 15-- 50 2--3 per 1,000 Service Agencies 20,000 25 20 GFA Refer to Telecommunication 10,000 100 25 10 20 Section n/a Towers 3-2001 *********** Section 9. Article 2, Zoning Districts, Development Standards, Section 2-1302, Minimum standard development, is amended as follows: *********** 31 Ordinance No. 7835-07 Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min. Setbacks Max. Min Off-Street Uses q i idth ft.) (ft jght . Parking s t) ft. ) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA 5/1,000 SF GFA or Indoor Recreation/Entertainment 10,000 100 25 10/20 25 5/lane, 2/court or 1/machine 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) 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 25 10/20 50 community Facilities development coordinator based on the ITE Manual standards Publications and Printing 20,000 2.00 20 15 50 3/1,000 SF GFA Research and 20,000 200 20 15 50 2/1 000 SF GFA Technology , Restaurants(3) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA 200 1 per 20 units plus Self Storage 20,000 20 15 50 2 for manager'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 GFA 32 Ordinance No. 7835-07 Warehouse Facility *********** Section 10. Article 2, Zoning Districts, Section 2-1303, Flexible standard development, is amended as follows: *********** Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min. Setbacks Max. Min. Off- Uses rea i th ft.) Height Street sq. ft.) ft j (ft.) Parking Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF G FA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF G FA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF G FA Offices 20,000 200 20 15 50 3/1,000 SF G FA 1--10/1, 000 SF Land Area or as determined Outdoor 40 000 200 by the Recreation/Entertainment , 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF G FA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA 33 Ordinance No. 7835-07 Publications and Printing 10,000 100 - 20 - 15 - 50 - 3/1,000 SF GFA Public Transportation Facilities(1) n/a n/a n/a n/a 10 n/a Research and Technology 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 5,000-- 50 - 7--15 spaces Restaurants(5) 10,000 100 20 15 30 per 1,000 GFA 1 per 20--25 10 000 100 units plus 2 Self Storage , 20 15 50 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(3) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 1.5/1,000 SF Vehicle Sales/Displays(4) 20 15 30 Lot Sales Area Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF Grooming GFA Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF Facility GFA *********** Flexibility criteria: *********** U. Publications and printing. 1. The parcel proposed for development is not contiauous to a parcel of land which is designated as residential in the Zoning Atlas; 2. All activities associated with the use of the parcel proposed for development shall be conducted within completely enclosed buildings. 34 Ordinance No. 7835-07 ~ ~ Section 11. Article 2, Zoning Districts, Section 2-1502, Flexible standard development, is amended as follows: *********** Table 2-1502. "P" District Flexible Standard Development Standards Min. Lot ola' Max. Min. Off- Use ize L idth Min. Setbacks (ft.) Height Street (sq. ft.) ft) (ft.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/ er 2 slips Outdoor 10 000 5/10,000 Recreation/Entertainment , 100 25 10 15 30 sq. ft. Land ************ Section 12. Article 3, Development Standards, Section 3-804, Setback and height requirements, is amended as follows: Section 3-804. Setback and height requirements. The following setback and height requirements shall apply to all fences, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 1~. In the MDR, MHDR, HDR, MHP, ~~ D~ I, ~, OSR, and P zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 35 Ordinance No. 7835-07 2. In the C,T,~, IRT, and O zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of eight feet in a required front setback. 3. Detached dwellings, community residential homes, and the like shall comply with the provisions of Section 3-804.A. 4~. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of-way shall provide a three feet wide landscaped strip on the street side of the fence. Section 13. Article 3, Development Standards, Section 3-805, Chainlink fences, is amended as follows: F. Vacant lots and lots without a primary use. In all zoning districts except for the Downtown District, Chainlink fences, clad with .green or black vinyl, are permitted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3-805 above, with the exception to Section 3-805.8. Section 14. Article 3, Development Standards, Section 3-903, Required setbacks, is amended as follows: Section 3-903. Required setbacks. A. Except for fences, walls, outdoor lightingl-ate signs, minimum door landing required by Florida Building Code. walkways leading to building entrances. paving material allowing for pedestrian. driveways accessing garages. and/or vehicular cross access (drivewavsl. shared parking, and trash staging areas, no building or structure shall be permitted in a setback required by the applicable zoning district. Section 15. Article 3, Development Standards, Section 3-1202, General landscaping standards, is amended as follows: *********** B.1. Minimum plant material standards: 36 Ordinance No. 7835-07 PLANT SIZE (at installation) QUALITY OTHER REQUIREMENTS a. Use of live oak (City tree) is encouraged, however species diversity is preferred over monoculture. Shade 10' height Florida b. Must be planted a minimum of Tree 2.5" caliper Grade #1 five feet from any impervious area. c. At least ten percent of the total number of trees shall be of a species which exhibits conspicuous flowering. 2 accent trees = 1 shade tree; unless Accent 8' height Florida overhead lines are unavoidable; no Tree 2" caliper Grade #1 more than 25% of required trees maybe accent trees. Can be used to satisfy 75% of tree requirements on Beach, Sand Key & Island Estates, 25% elsewhere in the City. Staggered clusters of 3 Palm 10' clear ~„a~ trunk. Florida palm trees = 1 shade tree, except for Tree Grade #1 specimen palm trees such as: phoenix canariensis (canary island date palm), phoenix dactylifera (edible date palm) and phoenix reclinata (senegal date palm), which count as shade trees on a 1:1 ratio. A.) 18--24" in height when used in a perimeter buffer - planted every 36", (measured from the center of the shrub) providing a 100% continuous hedge which will Use of Hibiscus (City flower) is be 36", high and 80% encouraged for non-required Shrubs opaque 12 months from the Florida landscape plantings, especially for time a certificate of Grade #1 accent marking at entrances and occupancy is received other points of high visibility. (excluding drives and visibility triangles where applicable) B.) 14--24" in height when used for interior -planted every 30"--36", respectively 37 Ordinance No. 7835-07 .. (measured from the center of the shrub) with a 3 gallon minimum Ground 1 gallon minimum -planted Florida Encouraged in lieu of turf to reduce Cover a maximum of 24" O.C. Grade #1 irrigation needs. Drought Turf areas should be consolidated Turf N/A tolerant and limited to areas of pedestrian varieties traffic, recreation and erosion control. Section 16. Article 3, Development Standards, Section 3-1205, Tree protection, is amended as follows: *********** D. Tree and palm requirements and replacements. Trees and palms ~'spJasexr-e~-sf shall be in compliance with Section 3-1202(6)(1) and the following: ~1 ~. Single-family and two-family properties. The following shall govern the minimum number of trees that shall be required on asingle-family or two-family lot. T#is-deer 24- Uses other than Single-family and two-family properties The total amount of DBH removed from amulti-family or commercial site shall be replaced on an inch-for-inch basis. Required Number of Trees on Single-Family and Two-Family Lots Lot Size (square footage) Number of Required Trees Less than 5,000 2 S,OOI~AA9--10,000 4 10,001--15,000 6 Over 15,001 8 *********** 38 Ordinance No. 7835-07 5. Conditions and specifications. *********** f~ b. Size. Replacement trees shall be a minimum of 10 feet in height, 2.5 inches caliper, and Florida grade # 1. and shall provide er previd+ag for one-inch DBH total replacement for each one-inch caliper removed. Any number of trees may be utilized to meet the inch-for-inch requirement, provided that acceptable spacings and design are maintained. Replacement palms shall have a clear aid-s#a+gl~t trunk of ten feet. Section 17. Article 3, Development Standards, Section 3-1407, 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, in a front yard and/or- forward of the building line of the principal structure and any right-of-way line in a residential zoning district up to a maximum of two frontages: *********** Section 18. Article 3, Development Standards, Section 3-1502, Property maintenance requirements, is amended as follows: ************ C. Door and window openings. ************ 3. Windows shall not be covered up within any non-residential area of the city. This restriction does not apply to the use of hurricane shutters. Windows shall be maintained in an unbroken, and clean state. No windows shall be permanently removed and enclosed, covered or boarded up unless treated as an integral part of the building facade using wall materials and window detailing comparable with any upper floors and the building facade in general. All damaged or broken windows shall be promptly restored,. repaired or replaced. All awnings, screens or canopies facing or visible from the public right-of-way or any other parcel shall be maintained in a good and attractive condition and torn, loose and/or bleached awnings, screens or canopies shall be promptly replaced, repaired or removed. *********** 39 Ordinance No. 7835-07 LJ Section 19. Article 3, Development Standards, Section 3-1803.L, Prohibited signs, is amended as follows: L. Signs located on publicly-owned land or easements or inside street rights-of- way, except (a) as allowed in Section 3-1805(W), (b) signs on transit shelters erected pursuant to Section 3-2203 and permitted pursuant to Section 3- 1806(6)(4), (c) sandwich board signs to the extent permitted in the Downtown District pursuant to Section 3-1805(V) awl (d) as allowed in Section 3- 1806(A), and (e) as allowed in Section 3-18052. Prohibited signs shall include but shall not be limited to handbills, posters, advertisements, or notices that are attached in any way upon lampposts, telephone poles, utility poles, bridges, and sidewalks. Section 20. Article 3, Development Standards, Section 3-1805, Signs permitted without a permit, is amended as follows: *********** Z. One freestanding or attached sign per City park or recreation facility meeting the requirements of Section 3-1806(8.)1. or 3. and containing identification of program provider(s) or information concerning programs at such park or recreation facility. Section 21. Article 3, Development Standards, Section 3-1904, Streets -Generally, is amended as follows: *********** F. Local streets shall be laid out in a grid system ae~#be~eeds. *********** Section 22. Article 3, Development Standards, Section 3-2102, Permitted temporary uses, is amended as follows: A. The following temporary uses are permitted subject to obtaining a Level One approval in accordance with- the provisions of Article 4, Division 3 and the provisions of this division: *********** 4. Sales for Christmas trees and ; pumpkins 40 Ordinance No. 7835-07 . , *********** Section 23. Article 4, Development Review and Other Procedures, Section 4-202, Applications for development, is amended as follows: Section 4-202. Applications for development and approval. *********** A. Basic information required for all applications. All applications for development approval shall include the following. information: *********** Section 4-202.A.9.i. i. Building or structure €elevation drawings for all Level One (flexible standard development) and Level Two approvals {~efes~, unless waived or modified by the community development coordinator. *********** Section 4-202.A.11.x.,Y., z., and aa. x. Building €elevation drawings for all Level One (flexible standard development) and Level Two approvals unless waived or modified by the community development coordinator. v. Floor plan typicals of buildings for all Level One (flexible standard development) and Level Two reviews. A floor plan for each floor is required for all Level One (flexible standard development) and Level Two parking garage reviews. z3~. Type and location of all attached and freestanding signage for compliance with Article 3, Division 18, Signs. aa~. Tree inventory, prepared by a certified arborist, of all trees four inches DBH or more reflecting the size, canopy, and condition of such trees. *********** Section 4-202.A.23 41 Ordinance No. 7835-07 u 234. An application for a permit for. a seawall, bulkhead, groin, marina, dock, bridge or other similar marine structure shall be accompanied by detailed plans and specifications, prepared by a Florida professional engineer, bearing the seal and signature of the engineer, except signed and sealed plans shall not be required for the repair or replacement of decking, stringers, railing, lower landings, tie piles, or the patching or reinforcing of existing piling on private and commercial docks for which a city permit was originally issued. Prior to commencing construction or repair or replacement of any dock, pier or wharf, the applicant shall present to the building official evidence that the person who will carry out the proposed work holds a certificate of competency issued by Pinellas County. 24a. An application for a fence permit shall include the following: a. The applicant's name, mailing address, and telephone and facsimile, if any, number. b. The name of all legal and equitable owners of the parcel proposed for development, if different from the applicant. c. Street address of the parcel proposed for development. d. For all proposed development, a signed and sealed survey with the following information: i. Existing and proposed fences and landscaping. ii. The proposed height and materials of the proposed fence. 25~. If approval of the application would result in the removal or relocation of mobile home owners residing in a mobile home park as provided in F.S. § 723.083, the application must provide information sufficient to show that adequate mobile home parks or other suitable facilities exist for the relocation of the mobile home owners. Mobile home owners shall be defined as those persons who own their coach but rent a lot space within the subject property and are subject to the provisions and protections provided for in F.S. Ch. 723. The application shall include the following information: *********** Section 24. Article 4, Development Review and Other Procedures, Section 4-303, Effect of Level One (flexible standard development) approval, is amended as follows: A. Level One (flexible standard development) approval authorizes only the particular use approved and entitles the recipient to apply for a building permit or any other permit required by this Development Code, the city or regional, state or federal agencies. Such approval shall be evidenced by a written development order issued by the community development coordinator and shall be effective upon the date the development order is issued. Unless otherwise specified in the Level One (flexible standard development) approval, an application 'for a building permit shall be made within one year of the date of the Level One (flexible standard development) approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. Upon submission of a building permit, the applicant shall pursue obtaining the issuance of such building permit. In the event the building official determines the applicant is not diligently pursuing the issuance of such building permit and invalidates/voids such building permit, the flexible standard 42 Ordinance No. 7835-07 i development approval granted under this section shall become invalid/void. Upon the issuance of such building permit which vests such flexible standard development approval, in the event the building official determines the applicant has not commenced authorized work or the work is revoked, suspended or abandoned or expires under such building permit and invalidates/voids such building permit, the flexible standard development approval granted under this section shall become invalid/void. Permitted time frames do not change with successive owners and an extension of time may be granted by the community development coordinator for a period not to exceed one year and only within the original period of validity. The community development coordinator may approve an additional extension of time not to exceed one year for good cause shown and documented in writing. The coordinator must receive the request for this extension within the one-year period of validity after the original time extension. Good causes may include, but are not limited to, an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather- related delays, and the like. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. Section 25. Article 4, Development Review and Other Procedures, Section 4-407, Expiration of a Level Two approval, is amended as follows: Unless otherwise specified in the approval, an application for a building permit shall be made within one year of the date of the Level Two approval, and all required certificates of occupancy shall be obtained within two years of the date of issuance of the initial building permit. The building permit application needs to be for a significant phase or amount of the to be implemented site plan approval. Permitted time frames do not change with successive owners. An extension of time to initiate a building permit may be granted by the community development coordinator provided it is for a period not to exceed one year, is for the project originally approved and provided good cause is shown and documented in writing within the original period of validity. The community development coordinator may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the project. The community development board may approve one additional extension of time after the community development coordinator's extension to initiate a building permit application. Such extension shall not exceed one year, shall be for the project originally approved and shall be for good cause shown and documented in writing. The community development board must receive the request for this extension within the one-year period of validity after the original extension approved by the community development coordinator. Good causes may include but are not limited to an unexpected national crisis (acts of war, significant downturn in the national economy, etc.), excessive weather-related delays, and the like. In the event a project is governed by a development agreement, the timeframes established in the agreement shall supercede these requirements. The community development board may also consider whether significant progress on the project is being made and whether or not there are pending or approved Code amendments which would significantly affect the 43 Ordinance No. 7835-07 • project. Amendments which will require no or minor amendments (as provided by section 4- 406.A) may be approved. Amendments which will require a major revision to the subject project shall be required to be approved as part of a new Level Two application. Transfer of development rights are exempt from this provision. Section 26. Article 4, Development Review and Other Procedures, Section 4-606, Development agreements, is amended as follows: *********** B. Application requirements. In addition to the basic information required by section 4- 202(A) and the fee required by section 4-202(E) an application for approval of a development agreement shall be accompanied by: 1. A statement of the requested duration of the development agreement, which shall not exceed twenty #ea-years. Section 27. Article 4, Development Review and Other Procedures, Section 4-608, Neighborhood conservation overlay district, is amended as follows: *********** D. Designation process. 1. The process for the designation of a particular area as a neighborhood conservation district shall be commenced by apre-application conference with the development services director and initiated by a petition signed by the owners of at least 60 percent of the real property within the area proposed for designation as a neighborhood conservation district which shall be filed with the community development coordinator. In addition to the petition, a list of at least 11 persons who have agreed to serve on a study committee, and proof of the existence, for at least the past two years, of an active homeowner's association with authority over the area proposed for designation as a neighborhood conservation district. Section 28. Article 4, Development Review and Other Procedures, Section 4-1001, Sign Permit Purpose, is amended as follows: Section 4-1001. Purpose. It is the purpose of this division to establish procedures for the review and approval of signs1 and signs as part of a Comprehensive Sign Program, in accordance with the standards of Article 3, Division 18. 44 Ordinance No. 7835-07 Section 4-1008. Comprehensive Sign Program. In accordance with Article 3, Division 18, Section 3-1807 Comprehensive sign program, the procedures for review and approval follow here. Section 4-1008. Comprehensive Sign Program Application. In addition to the basic information reauired by section 4-202(A), where applicable, and the fee required by Appendix A, Schedule of Fees, Rates and Charges, an application for Comprehensive Sign Program shall be treated as a Level One approval in accordance with the provision of Article 4. Division 3 and shall be accompanied by plans and specifications. drawn to scale and including the followin A. Comprehensive Sign Program, basic information required for all applications. All applications for Comprehensive Sign Program approval shall include the following information: 1. Legal description of the property where the sign is proposed to be located; 2. Name, address and telephone number of the owner of the property where the sign is proposed to be located; 3. The name of the owner(s) representative or agent and consultants, if any, with mailing address, a-mail address, telephone and facsimile, if any, number; and completed affidavit to authorize agent form; 4. Street address(es) and parcel numbers of the parcel proposed for development; 5. Ownership: A copy of a deed to the property proposed for development, a copy of a title insurance policy or an affidavit attesting to ownership; 6. A signed and sealed survey of the property including the dimensions, acreage and location of the property prepared by a registered land surveyor showing all current structures/improvements; 7. A site plan drawn to a minimum scale of one inch equals 50 feet on an overall sheet size not to exceed 24 inches by 36 inches and including the following: a. North arrow, scale (with bar scale) and date prepared. b. Location map. c. Show all property lines. 45 Ordinance No. 7835-07 ~' M d. Identification of watercourses, wetlands, tree masses and specimen trees, including description and location of under story, ground cover - vegetation and wildlife habitats or other environmentally unique areas. e. Land areas expressed in square feet and acres. f. All required five-foot setbacks as measured from the property line. g_ Location of all public and private easements and street rights-of-way within and adjacent to the site. h. Location of all existing and proposed points of access. The footprint and size of all existing and proposed buildings and structures on the site. L Sight triangles shown and labeled. k. Location of all existing and proposed sidewalks. I. Lot frontage on all street rights-of-way. m. The location of all proposed landscape material including size and species. n. Location of all attached and freestanding (including directional) signage, proposed and existing, indicating with labels if to be removed. o. Location of the sign in relation to property lines, public rights-of-way, easements, buildings and other signs on the property; 8. Sign Plan, to include: a. Date prepared; b. Bar scale; c. To scale drawings. in color. of all proposed sianaae (attached freestanding, and directional signs) Include: dimensions, with dimensional arrows sign area in square feet height and width, measured in feet 46 Ordinance No. 7835-07 r labels of all colors indicate all sign materials text copy changeable copy (needs to consist of high quality characters) describe any illumination (type, placement, intensity, hours of illumination, and sign area to be illuminated); d. Surface area of the sign proposed, and dimensions and elevations, including the message of the sign; e. Maximum and minimum height of the sign; e. Dimensions of the sign's supporting structure; f. Building elevation drawings for all sides of any building with proposed and existing attached sianage; g_ Master sign plan for shopping centers and office parks, to include all signs; h. Site data table, to include how all proposed signs (existing and new) meet code requirements, with a calculation worksheet; Number, type, location and surface area of all existing signs on the same property and or building on which the sign is to be located; 9. Completed written responses to the Comprehensive Sian Program criteria. 10. Review fees. B. Comprehensive Sign Program, basic information required for all amended applications. All applications for Comprehensive Sign Program amended approval shall include the following information: 1. Section 4-1008 A., Items 1 - 5. 2. Applicable attachments depending on the proposed amendment including any site plan replacement sheets necessary to indicate all amended amendment details. 3. Applicable attachments depending on the proposed amendment including any sign plan replacement sheets necessary to indicate all amended amendment details. 47 Ordinance No. 7835-07 r. 4. Written narrative explaining the amendment. 5. Amendment fees, as applicable. C. Comprehensive Sign Program, determination of completeness. 1. Determination of completeness. Within seven working days after receipt of an application for Comprehensive Sign Program approval, the community development coordinator shall determine whether the application is complete. a. Application complete. If the community development coordinator determines that the application is complete, he shall notify the applicant in writing that the application has been accepted for filing. b. Application not complete. If the community development coordinator determines that the application is not complete, he shall notify the applicant, specifying the deficiencies of the application. No further review shall occur until the application is deemed complete. The applicant shall have seven days to address all deficiencies or the application shall be deemed withdrawn. D. Comprehensive Sign Program, application review. Upon determination that a Comprehensive Sign Program application is complete, the community development coordinator shall review the application and provide comments to the applicant. If the application materials submitted need modification, the community development coordinator shall provide a revision response date depending upon the extent of the application and comments, to the applicant. Such response date shall have a maximum of 30 days, This response timeframe may be extended if agreed to by both the community development coordinator and the applicant. E. Comprehensive Sian Program. design review, The community development coordinator shall determine the acceptability of sign design, size,-and location and provide communication of such to the applicant. For any needed modification, the community development coordinator shall provide a revision response date, up to a maximum of 30 days. This response timeframe may be extended if agreed to by both the community development coordinator and the applicant. F. Comprehensive Sign Program, issuance of development order. The community development coordinator shall issue a development order for Comprehensive Sian Program approval. Such approval does not constitute or replace a sign permit approval *********** 48 Ordinance No. 7835-07 ~ w Section 29. Article 4, Development Review and Other Procedures, Section 4-1102, Plan requirements, is amended as follows: ~~ B. A landscape plan for nonresidential and Attached Dwelling development plans shall be prepared by a licensed landscape architect under one or more of the following conditions: 1. The lot serves a new use. 2. A landscape plan is required under Section 3-1202.A.3. 3. Lot requires a Level One (Flexible Standard) or Level Two approval. 4. The project valuation exceeds $500,000. C. The Community Development Coordinator may waive the requirements of Section 4-1102.8. provided the applicant and preparer of the landscape plan request the "optional pre-application conference" provided in section 4-201. The landscape plan designer shall demonstrate compliance with Article 3. Division 12 and aeneral landscape practices and design standards. Section 30. Article 4, Development Review and Other Procedures, Section 4-1201, Permit (Tree Removal) required, is amended as follows: No person may remove or cause to be removed any protected tree or palm without first having procured a permit. Section 31. Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, is amended as follows: *********** Community development board means the board established pursuant to Article 5 of this development code with authority to hear appeals of level one approvals, to review and decide level two approvals, and to review and recommend level three approvals to the city council .Pursuant to the Florida Statutes, Chapter 163. community development board also means "local planning agency", specified in s. 163-3174. 49 Ordinance No. 7835-07 • r • Principal structure and right-of--way location means that area of land located between a right-of-way and the principal structure on the lot. *********** Publications and printing means a facility primarily for the production of books, catalogs, magazines, tabloids, newspapers, circulars, business cards, forms, brochures, newsletters, labels and the like. *********** Seasonal Sales means a sale conducted during traditional holidays or seasons in which special items are sold. Only items traditionally considered as associated with the particular season are allowed to be sold and general merchandise not associated with the seasonal sale such as toys, tools, clothing, etc are prohibited from being sold as a seasonal sale item. *********** Section 32. Appendix A, Schedule of Fees, Rates and Charges, is amended as follows: *********** VIII. LAND DEVELOPMENT: There is hereby established the following fees and charges relating to review and processing of Level One, Level Two and Level Three applications: (1) Level One. (a) Minimum standard development applications .....................Noe Fee (b) Zoning verification letter .......................... .......................$25.00 (c) Zoning interpretation letter and Release of Unity of Titles letter. . ...........................................................................................50.00 (d) Minor lot adjustment and Division of a Previously Platted Lot. ...........................................................................................150.00 (e) Flexible standard development--Detached dwellings, two attached dwellings and accessory uses/structures ............................... 100.OO~A: A9 (f) Flexible standard development--Detached dwellings, two attached dwellings and accessory uses/structures ~e~e~ies .................................................................. .200.OOa-A9:98 (g) Flexible standard development--Attached dwellings, mixed uses and nonresidential uses ...........475.00 50 Ordinance No. 7835-07 .. ~. (h) Continuances requested by applicant of a DRC meeting ............75.00 (i) Sidewalk cafe application: If proposed as accessory to an existing use .................................50.00 If part of a flexible or flexible standard application, no additional fee. Sidewalk cafe permit ............................................................. 120.00 Due on or before October 1 of each year and shall cover the time period of October 1 through September 30 of the following calendar year. For a permit issued after October 1 and before September 30, the permit fee shall be prorated on a monthly basis. Any portion of a month shall be considered a full month for the purposes of calculating the prorated permit fee. (i)Comprehensive sign program.. .300.00 (~) Minor amendment to approved comprehensive sign program, per application ..................................................................100.00.-A8 (I~) Temporary use permit for seasonal sales .............................250.00 (m) Minor revisions.. .100.00 (2) Level Two. (a) Flexible development--Detached dwellings, two attached dwellings and accessory uses/structures .................................................................................. 300.OO~AA-89 (b) Flexible development-Attached dwellings, mixed uses and nonresidential uses ........... 1,205.00 (c) ~ nn nn (d) Appeals to the community development board--Residential and nonresidential ....................................................................250.00 (e) Appeals to hearing officer ................................................ 500.00 (f) Continuances requested by applicant of a DRC or CDB meeting/public hearing ................................................................................ 75.00 (g) Transfer of development rights (no additional charge if submitted with flexible application) ............................................................ 1,205.00 (h) Preliminary plat ..............................................................600.00 (i) Minor revisions.. 100.00 (3) Level Three. 51 Ordinance No. 7835-07 ~.~ ; (a) Annexations (including land use map amendment and rezoning to categories compatible with the county designations) .................. No Fee (b) Land use map amendment .............................................. 885.00 (c) Rezoning only ............................................................... 775.00 (d) Continuances requested by applicant of a DRC, CDB, or Csity council meeting/public hearing ....................................... .75.00 (e) Development agreement ................................................ .500.00 (f) Final plat .......................................................................300.00 (g) Vested rights .................................................................500.00 Section 33. 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 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING 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 52 Ordinance No. 7835-07 A ~, Reynolds, Mike From: Dougall-Sides, Leslie Sent: Friday, December 14, 2007 2:08 PM To: Hollander, Gwen Cc: Dewitt, Gina; Reynolds, Mike Subject: Code 4 Second Reading Importance: High Please make sure that Code 4 is advertised for second reading January 17. A04-01420 : RE: Code 4 doc `s: ordinance, staff report, and cc cov~emo Page 1 of 2 Reynolds, Mike From: Hollander, Gwen Sent: Friday, December 07, 2007 11:35 AM To: Reynolds, Mike; Dougall-Sides, Leslie; Porter; Catherine Subject: RE: A04-01420 : RE: Code 4 documents: ordinance, staff report, and cc cover memo IbINumAttach: 0 MessageGUID: {E275E81 C-C201-453F-A405-4CDF8E5B9124} MsgHeaderlD: <B7680ADA6C7C1342B06805CF712EC0990249DEE6@msb-emf-2.clearwater-fl.com> OriginalDate: None Originator: SQL Style: Planning General miscellaneous Mike, is the ordinance you attached to your email of 12/5/07 @ 1:15 pm (below) the final version of 7835-07? want to be sure that I print the correct one for Leslie to sign. Thanks. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 05, 2007 1:15 PM To: Dougall-Sides, Leslie; Porter, Catherine Cc: Hollander, Gwen Subject: A04-01420 : RE: Code 4 documents: ordinance, staff report, and cc cover memo Leslie, The revisions as you listed them were intentionally pulled from the body of the ordinance. Attached is an electronic copy of the ordinance with new title, less the two section numbers Sec. 3- 1904 and Sec. 4-1102. «Ord. No. 7835-07, Draft 1, 12-06-07.doc» Prior to muni agenda being finalized, should this version of the ordinance, with the title cut by the two sections, be an attachment? Mike -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 05, 2007 12:28 PM To: Porter, Catherine Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Code 4 documents: ordinance, staff report, and cc cover memo I do not find in the body of the Ordinance two revisions that are mentioned in the title: 1. Sec. 3-1904; and 2. Sec.4-1102. 12/7/2007 A04-01420 : RE: Code 4 docurs: ordinance, staff report, and cc cov ,emo Page 2 of 2 If these amendments are no longer part of the Ordinance please omit from the title [this will not require readvertising]. I will save this version in our s://drive, but if the title changes per the above please re-send so that we may save the final version. -----Original Message----- From: Porter, Catherine Sent: Wednesday, December 05, 2007 8:35 AM To: Dougall-Sides, Leslie Subject: FW: Code 4 documents: ordinance, staff report, and cc cover memo Leslie, the only change to the Ordinance was 3-903 A. Pls review as per my telephone message. thank you. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 05, 2007 8:33 AM To: Porter, Catherine Subject: Code 4 documents: ordinance, staff report, and cc cover memo Catherine, Here are the documents for you to send to Leslie. « File: Ord. No. 7835-07, Draft 1, 11-20-07.doc » « File: staff report code four final.doc » « File: CC Ag.Cover Memo -Ordinance No 7835-07.doc » Mike 12/7/2007 • ~- Reynolds, Mike From: Dougall-Sides, Leslie Sent: Thursday, December 06, 2007 3:23 PM To: Reynolds, Mike Subject: RE: Ordinance No. 7835-07; Code 4 Since we've dropped other items from the title and text, it would be appropriate to also drop this. Again, let ORLS know what you are doing; because the advertised title included these items. -----Original Message----- From: Reynolds, Mike Sent: Thursday, December 06, 2007 10:58 AM To: Dougall-Sides, Leslie Subject: FW: Ordinance No. 7835-07; Code 4 Leslie, Additional question. Apparently, "Seasonal Sales" will be dropped from Code 4. Can I change the title and the text to reflect this, or does the document first need to go to first reading? Mike -----Original Message----- From: Reynolds, Mike Sent: Thursday, December 06, 2007 9:17 AM To: Dougall-Sides, Leslie Subject: Ordinance No. 7835-07; Code 4 Leslie, At the November 20 CDB meeting, the Board recommended approval of the ordinance with two (recommended) stipulations. One of the recommendations is to modify Section 3-903.A. to read, "...walkways leading to building entrances, driveway access to garages..." Question. I already redrafted the text to make the change per the CDB. Does Council need to review the recommendation on first reading prior to the change being made in the text? Which version should go to the Council in muni agenda? with the change per CDB, or . without the change per CDB Thank you! Mike ~ ~' Reynolds, Mike From: Dougall-Sides, Leslie Sent: Thursday, December 06, 2007 3:17 PM To: Reynolds, Mike Subject: RE: corrected a-mail: RE: Ordinance No. 7835-07; Code 4 I would say the redrafted version but you may still want to get ORLS' o.k. -----Original Message----- From: Reynolds, Mike Sent: Thursday, December 06, 2007 12:58 PM To: Dougall-Sides, Leslie Subject: corrected a-mail: RE: Ordinance No. 7835-07; Code 4 No. The second recommendation was for staff to research parking to justify one parking space per two boat slips. The second recommendation does not involve changing anything to tine amendments or the title. Thus, I need guidance from you for the question pertaining to the recommendation to amend Section 3-903.A. Thanks. Mike -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, December 06, 2007 10:27 AM To: Reynolds, Mike Subject: RE: Ordinance No. 7835-07; Code 4 You should probably ask the City Clerk which text should go, where you are recommending one of the changes but not the other. Should you include both changes or only the one you are recommending? -----Original Message----- From: Reynolds, Mike Sent: Thursday, December 06, 2007 9:17 AM To: Dougall-Sides, Leslie Subject: Ordinance No. 7835-07; Code 4 Leslie, At the November 20 CDB meeting, the Board recommended approval of the ordinance with two (recommended) stipulations. One of the recommendations is to modify Section 3-903.A. to read, "...walkways leading to building entrances, driveway access to garages..." Question. I already redrafted the text to make the change per the CDB. Does Council need to review the recommendation on first reading prior to the change being made in the text? Which version should go to the Council in muni agenda? with the change per CDB, or without the change per CDB Thank you! Mike J Reynolds, Mike From: Dougall-Sides, Leslie Sent: Wednesday, December 05, 2007 1:30 PM To: Reynolds, Mike Subject: RE: Code 4 documents: ordinance, staff report, and cc cover memo Yes, you may want to advise ORLS of the change. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 05, 2007 1:15 PM To: Dougall-Sides, Leslie; Porter, Catherine Cc: Hollander, Gwen Subject: RE: Code 4 documents: ordinance, staff report, and cc cover memo Leslie, The revisions as you listed them were intentionally pulled from the body of the ordinance. Attached is an electronic copy of the ordinance with new title, less the two section numbers Sec. 3-1904 and Sec. 4- 1102. « File: Ord. No. 7835-07, Draft 1, 12-06-07.doc » Prior to muni agenda being finalized, should this version of the ordinance, with the title cut by the two sections, be an attachment? Mike -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, December 05, 2007 12:28 PM To: Porter, Catherine Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Code 4 documents: ordinance, staff report, and cc cover memo I do not find in the body of the Ordinance two revisions that are mentioned in the title: 1. Sec. 3-1904; and 2. Sec.4-1102. If these amendments are no longer part of the Ordinance please omit from the title [this will not require readvertising]. I will save this version in our s://drive, but if the title changes per the above please re-send so that we may save the final version. -----Original Message----- From: Porter, Catherine Sent: Wednesday, December 05, 2007 8:35 AM To: Dougall-Sides, Leslie Subject: 1=W: Code 4 documents: ordinance, staff report, and cc cover memo Leslie, the only change to the Ordinance was 3-903 A. Pls review as per my telephone message. thank you. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 05, 2007 8:33 AM To: Porter, Catherine Subject: Code 4 documents: ordinance, staff report, and cc cover memo ~~ ~_ Catherine, Here are the documents for you to send to Leslie. « File: Ord. No. 7835-07, Draft 1, 11-20-07.doc » « File: staff report code four final.doc » « File: CC Ag.Cover Memo -Ordinance No 7835-07.doc» Mike r ~ Reynolds, Mike From: Dougall-Sides, Leslie Sent: Wednesday, December 05, 2007 12:28 PM To: Porter, Catherine Cc: Reynolds, Mike; Hollander, Gwen Subject: RE: Code 4 documents: ordinance, staff report, and cc cover memo I do not find in the body of the Ordinance two revisions that are mentioned in the title: 1. Sec. 3-1904; and 2. Sec.4-1102. If these amendments are no longer part of the Ordinance please omit from the title [this will not require readvertising]. I will save this version in our s://drive, but if the title changes per the above please re-send so that we may save the final version. -----Original Message----- From: Porter, Catherine Sent: Wednesday, December 05, 2007 8:35 AM To: Dougall-Sides, Leslie Subject: FW: Code 4 documents: ordinance, staff report, and cc cover memo Leslie, the only change to the Ordinance was 3-903 A. Pls review as per my telephone message. thank you. -----Original Message----- From: Reynolds, Mike Sent: Wednesday, December 05, 2007 8:33 AM To: Porter, Catherine Subject: Code 4 documents: ordinance, staff report, and cc cover memo Catherine, Here are the documents for you to send to Leslie. « File: Ord. No. 7835-07, Draft 1, 11-20-07.doc » « File: staff report code four final.doc » « File: CC Ag.Cover Memo -Ordinance No 7835-07.doc» Mike Reynolds, Mike From: Clayton, Gina Sent: Tuesday, December 04, 2007 3:56 PM To: Porter, Catherine; Reynolds, Mike Subject: FW: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting FYI -please let Leslie know and I will let Jill know -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 3:34 PM To: Vaughan, Karen Cc: Watkins, Sherry; Sprague, Nicole Subject: RE: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting Leslie is familjar with the ordinance and we are going over it with Jill tomorrow (and will give her a copy of the ordinance). We can send the information to Leslie and Jill and let them know we are waiting for the backup from Wade Trim and could they approve the item once they receive. Thanks. -----Original Message----- From: Vaughan, Karen Sent: Tuesday, December 04, 2007 3:32 PM To: Clayton, Gina Cc: Watkins, Sherry; Sprague, Nicole Subject: RE: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting If you can follow it through all the necessary approvals after you put it in the workflow on Friday to keep it moving so it reaches Cyndie by 5:00 p.m. Monday, Dec. 10th......... that'll work for me! Thanks! Karen Vaughan Sr. Staff Assistant Official Records and Legislative Services Phone: 727-562-4091 Fax: 727-562-4086 karen.vaughan@myclearwater.com -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 3:27 PM To: Vaughan, Karen Subject: RE: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting The report is drafted and in my box. We're working with Engineering and the Harbormaster. I'm hoping by Friday -----Original Message----- From: Vaughan, Karen Sent: Tuesday, December 04, 2007 3:15 PM To: Clayton, Gina Subject: RE: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting When do you expect to get everything attached to the item so that it can start moving through approvals? Thanks! Karen Vaughan Sr. Staff Assistant Official Records and Legislative Services Phone: 727-562-4091 Fax: 727-562-4086 karen.vaughan@myclearW~'er.com -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 3:05 PM To: Vaughan, Karen Subject: RE: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting Our code amendments are in the workflow. We're trying to get the information the CDB wanted Council to look at but are having difficulties. Is there anyway we can have•an couple of extra days - or put in the system and add something later? Thanks. -----Original Message----- From: Vaughan, Karen Sent: Tuesday, December 04, 2007 2:34 PM To: account, user; Arrien, Joe; Bahnick, Glen; Baird, Bill; Breland, Eleanor; Carnley, Rick; Castelli, Joelle Wiley; Clayton, Gina; Davis-Gryce, Cynthia; Delk, Michael; Dougall-Sides, Leslie; Downes, Tom; Dube, Robert; Dunbar, Kevin E.; Fahey, Robert; Geary, Jim; Geer, Jamie; Gomez, Robin; Goudeau, Cyndie; Holmes, Michael; Horne, William; Irwin, Rod; Johnson, Gary; Klein, Sidney; KronSchnabl, Jeff; Lipowski, Laura; Lopez, Geraldine Campos; Mahony, Thomas; Matthews, Douglas E.; Mayer, Daniel; McKibben, George; Mercer, Tracy; Morris, William D.; Pickell, Barbara; Quillen, Michael; Rice, Scott; Roseto, Joseph; Scott, John C.; Simmons, Margie; Soto, Camilo; Surette, Rob; Warrington, Chuck; Williams, Dewey; Wilson, Tina Cc: Abbott, Jamie; Aldrich, Angela; Ausanio, Holly; Ayo, Ellen; Baird, Kathy; Balog, Denise; Barden, Carol; Barrett, Earl; Bedini, Kathleen; Bertels, Paul; Boler, Ray; Bruch, Tracey; Bublitr, Bob; Call, Rosemarie; Chaplinsky, Paula; Chesney, Ed; Clement, Betsy; Crawford, Judith; Cressman, Mary; Davis, Laura M.; Dembinski, Pawel; Dewitt, Gina; Diana, Sue; Doherty, Steve; DuPont, Kimberly; Eckman, Alice; FitrGerald, Diane; Focsan, Chris; Ford, Deborah; Foster, Kim; Garriott, Kevin; Geary, Cindy; Gilmore, Stephanie; Haley, Min; Harriger, Sandy; Hastings, Lynn; Herman, Sandra; Hollander, Gwen; Tefft, Cathy; Jackson, Kari; Jaroszek, Bill; Josef, Veronica; Keefe, Erin; Vericker, Clement; Kurtz, Timothy M.; Lacey, Rosanne; LaCosse, Judith; Langille, Brian; Lutr, Deb; Manni, Diane; Maran, Robert (Bob); Marcin, Jon; Martell, Joan; Maue, Robert; McCulley, ]anene; Moran, Martin; Murray, Michael; Newell, Lindsey; Nguyen, Lan-Anh; O'Brien, Kelly; O'Brien, Kelly (P.D.); Phillips, Sue; Prior, Ian; Ravins, Jay; Reid, Debbie; Rini, Gail; Robertson, Tom; Rowland, Terri; Sansom, Stephanie; Shell, Heather C.; Shoberg, Elliot E.; Sides, Ken; Sprague, Nicole; Stefanelli, Stephanie; Thorn, Chris; Holbrook, LeAnn; Vaughan, Karen; Vo, Phuong; Vrana, Tammy; Walton, Sharon; Warren, Pat; Watkins, Sherry; Westerfield, Rosie; Wills, Anne; Yellin, Catherine Subject: MuniAgenda Status for the 12/17 Work Session and 12/20 Council Meeting Hello! Attached is the MuniAgenda status for the 12/17 & 12/20 meetings. FINAL deadline is this Monday, December 10th. Final deadline means your item has made it through all MuniAgenda approvals and has reached the City Clerk. Red quvs: Your item has been rejected. Yellow quvs: Your item hasn't made it through all approvals yet. Please keep an eye on it. Search under the "meetings" tab in MuniAgenda to see where your item is in the approval process. Call me if you need assistance with this. Green quvs: You're great!! You've met both deadlines. Purple quvs: Moving to another meeting. Blue: My items to work on. Pink: You've missed the deadline. Your item is not in the workflow (outside of your department). Please advise me of status. « File: 12-04-2007 MuniAgenda Status.xls » Thanks! Karen Vaughan Sr. Staff Assistant Official Records a;. egislative Services Phone: 727-562-4091 Fax: 727-562-4086 karen.vaughan@myclearwater.com a Reynolds, Mike From: Clayton, Gina Sent: Tuesday, December 04, 2007 12:28 PM To: Porter, Catherine; Reynolds, Mike Subject: RE: Code Amendments The material needs to be part of our agenda item. We need to be able to address since this is a parking standard and change to the code we administer. -----Original Message----- From: 'Porter, Catherine Sent: Tuesday, December 04, 2007 12:27 PM To: Reynolds, Mike; Clayton, Gina Subject: RE: Code Amendments Mike, is my understanding correct that Engineering will have a handout available at the Council meeting to support this, as well as Rod planning to speak? -----Original Message----- From: Reynolds, Mike Sent: Tuesday, December 04, 2007 11:54 AM To: Porter, Catherine; Clayton, Gina Subject: RE: Code Amendments Gina and Catherine, I conferred with both Wayne Wells and Ed Chesney, both of the downtown boat slip committee. Ed has contacted the committee's consultant to obtain data on parking needs for the boat slips. I reviewed a muni agenda cover memo draft with Ed as well, pertaining to the boat slip committee. Ed told me that Rod Irwin is likely to speak on the boat slip to parking ratio, should it come up at the Council meeting. Mike -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 10:10 AM To: Reynolds, Mike Subject: FW: Code Amendments Did the committee have any supporting data? -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 9:12 AM To: Porter, Catherine Subject: RE: Code Amendments thanks -please make sure that the back-up supporting the marina parking revisions-are included in the back- up data. -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 9:00 AM To: Clayton, Gina Subject: RE: Code Amendments it is in the system and I will be reviewing right after our 9 a.m. meeting -----Original Message----- From: Clayton, Gina Sent: Tiny, December 04, 2007 8:47 AM To: Porter, Catherine Subject: Code Amendments Catherine -what's the status of the code amendment being placed in muniagenda -the item was due in the system yesterday. Thanks., Gina M Reynolds, Mike From: Porter, Catherine Sent: Tuesday, December 04, 2007 12:27 PM To: Reynolds, Mike; Clayton, Gina Subject: RE: Code Amendments Mike, is my understanding correct that Engineering will have a handout available at the Council meeting to support this, as well as Rod planning to speak? -----Original Message----- From: Reynolds, Mike Sent: Tuesday, December 04, 2007 11:54 AM To: Porter, Catherine; Clayton, Gina Subject: RE: Code Amendments Gina and Catherine, I conferred with both Wayne Wells and Ed Chesney, both of the downtown boat slip committee. Ed has contacted the committee's consultant to obtain data on parking needs for the boat slips. I reviewed a muni agenda cover memo draft with Ed as well, pertaining to the boat slip committee. Ed told me that Rod Irwin is likely to speak on the boat slip to parking ratio, should it come up at the Council meeting. Mike -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 10:10 AM To: Reynolds, Mike Subject: FW: Code Amendments Did the committee have any supporting data? -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 9:12 AM To: Porter, Catherine Subject: RE: Code Amendments thanks -please make sure that the back-up supporting the marina parking revisions are included in the back-up data. -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 9:00 AM To: Clayton, Gina Subject: RE: Code Amendments it is in the system and I will be reviewing right after our 9 a.m. meeting -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 8:47 AM To: Porter, Catherine Subject: Code Amendments Catherine -what's the status of the code amendment being placed in muniagenda -the item was due in the system yesterday. Thanks., Gina Reynolds, Mike From: Clayton, Gina Sent: Tuesday, December 04, 2007 12:19 PM To: Reynolds, Mike; Porter, Catherine Subject: RE: Code Amendments We need to attach the supporting data to our agenda item. -----Original Message----- From: Reynolds, Mike Sent: Tuesday, December 04, 2007 11:54 AM To: Porter, Catherine; Clayton, Gina Subject: RE: Code Amendments Gina and Catherine, I conferred with both Wayne Wells and Ed Chesney, both of-the downtown boat slip committee. Ed has contacted the committee's consultant to obtain data on parking needs for the boat slips. I reviewed a muni agenda cover memo draft with Ed as well, pertaining to the boat slip committee. Ed told me that Rod Irwin is likely to speak on the boat slip to parking ratio, should it come up at the Council meeting. Mike -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 10:10 AM To: Reynolds, Mike Subject: FW: Code Amendments Did the committee have any supporting data? -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 9:12 AM To: Porter, Catherine Subject: RE: Code Amendments thanks -please make sure that the back-up supporting the marina parking revisions are included in the back-up data. -----Original Message----- From: Porter, Catherine Sent: Tuesday, December 04, 2007 9:00 AM To: Clayton, Gina Subject: RE: Code Amendments it is in the system and I will be reviewing right after our 9 a.m. meeting -----Original Message----- From: Clayton, Gina Sent: Tuesday, December 04, 2007 8:47 AM To: Porter, Catherine Subject: Code Amendments Catherine -what's the status of the code amendment being placed in muniagenda -the item was due in the system yesterday. Thanks., Gina ~1 Page 1 of 1 Reynolds, Mike From: nicholas fritsch [nfritsch@tampabay.rr.com] Sent: Tuesday, November 20, 2007 11:06 AM To: Reynolds, Mike Subject: definitions from dictionary 12/3/2007 Adjacent Function: adjective Etymology: Middle English, from Anglo-French or Latin; Anglo-French, ajesaunt, from Latin adjacent-, adjacens, present participle of adjacEre to lie near, from ad- + jacEre to lie; akin to Latin jacere to throw -- more at JET 1 a :not distant :NEARBY <the city and adjacent suburbs> b : having a common endpoint or border <adjacent lots> <adjacent sides of a triangle> c :immediately preceding or following 2 of two angles :having the vertex and one side in common - ad•ja•cent•ly adverb synonyms ADJACENT, ADJOINING, CONTIGUOUS, JUXTAPOSED mean being in close proximity. ADJACENT may or may not imply contact but always implies absence of anything of the same kind in between <a house with an adjacent garage>. ADJOINING definitely implies meeting and touching at some point or line <had adjoining rooms at the hotel>. CONTIGUOUS implies having contact on all or most of one side <offices in all 48 contiguous states>. JUXTAPOSED means placed side by side especially so as to permit comparison and contrast <a skyscraper juxtaposed to a church>. adjoin Function: verb Etymology: Middle English, from Anglo-French ajoindre, from Latin adjungere, from ad- + jungere to join -- more at YOKE transitive verb 1 : to add or attach by joining 2 : to lie next to or in contact with intransitive verb : to be close to or in contact with one another contiguous Function: adjective Etymology: Latin contiguus, from contingere to have contact with -- more at CONTINGENT 1 : being in actual contact :touching along a boundary or at a point 2 of angles :ADJACENT 2 3 : next or near in time or sequence 4 : touching or connected throughout in an unbroken sequence <contiguous row houses> synonym see ADJACENT - con-tig•u•ous•ly adverb - con•tig•u•ous•ness noun ~ ~ ~ Page 1 of 2 Reynolds, Mike From: Reynolds, Mike Sent: Tuesday, November 20, 2007 11:53 AM To: 'nicholas fritsch' Cc: DeIk,.Michael; Porter, Catherine; Clayton, Gina Subject: RE: Amendments to code Nick, Thank you for your comments. 1. Page 4. The "X" was left in the P column intentionally, as we are not changing the use term "Marinas" within the text or in the use requirements table (Table 2-1503) in the Preservation District ("P"). 2. Page 11. Yes, The word "negatively" could be deleted. 3. Page 11. I think that you mean Page 16 and not 11. Pages 16, 18, 25, 27, and 28 are not items that are proposed amendments that change wording content or any meaning. Pages 16, 18, and 25 are simply realigned code sections. Your comments point to a need to make other changes to improve the Community Development Code. 4. Pages 27 - 28, 32, and 41. Again, this suggestion points to other Community Development Code sections that are not a proposed amendment now but could be later on. 5. Formatting. Some of the tables are long and overlap from page to page. All formatting issues will be adjusted. Nick, again thank you for your comments. Thanks also for your points regarding the definitions of "adjacent", "adjoining", and "contiguous". Mike [Reynolds, Mike] -----Original Message----- From: nicholas fritsch [mailto:nfritsch@tampabay.rr.com] Sent: Tuesday, November 20, 2007 10:36 AM To: Reynolds, Mike Cc: nfritsch@tampabay.rr.com; Delk, Michael Subject: Ammendments to code While I realize this is a lot of improvements to the code, I see some other considerations. pg 4. In the table, Marinas -all of the Xs are removed except Use P, preservation. Marinas and marina facilities would seemingly be revising the previous use category, but X is not included at a Permitted Use for P. That seems confusing to me. pg 11. 3. Side and rear setbacks a. contains a double negative "negatively impede" What does that mean? 12/3/2007 `~. ~ ~ Page 2 of 2 ~~' pg 11 new N. 1. "The public transportation facilities are not located within 1,000 ft. of another....." This conflicts with a recent state wide initiative to encourage multimodal inter-connectivity. It has an acronym that escapes me at the moment. pg 18 new Q Sidewalk vendors It would seem with the downtown street scapeing that future use of this pedestrian friendly device may warrant some attention and development. pg 25 new L. Places of worship 2. b. "The increased height will not reduce the vertical component of the view from any adjacent property." As stated it would seem to preclude a vertical component a common element in nearly every place of worship. pg. 27-28 Max Height of 30-100 for: Alcohol Beverage Sales, Indoor Rec/Entertainment Facility, Nightclubs is excessive. Amax height of 50 ft. would seem as generous as practical. pg 32. R. Veterinary offices 1. "contiguous" I suggest we consider including definitions in the code of "adjacent," "adjoining" and "contiguous." I think they are blurry words that are understood differently by a significant number of people. i.e. before I looked it up, I interpreted "adjacent" to be adjoining or contiguous. And not "nearby", a synonym. I suspect others have a similar understanding. pg 41, B.1. Minimum plant material standards table for Shade tree in "other requirements" the "however species diversity" would seem to negate the "use of live oak (City Tree). If diversity trumps, we may as well remove "live oak encouragement," especially if you consider the cost difference. pg 41 F. Vacant lots "....a maximum height of three feet...." A frequent purpose of a fence on a vacant lot is to deny entry or trespass. A three foot height keeps out animals is not effective in precluding entry for most people over 4 and a half-foot height. But, I also realize this conflicts with a residence which has a height restriction of three feet. Formatting: As a prior amendment package, column headings are missing at the top of subsequent pages. Marina and Marina Facilities are underlined in several different formats. Yet, the revised category would seem to establish the format of the subsequent use. I realize this is late notice, as I was out of town Friday morning until yesterday afternoon. I apologize. Nick 12/3/2007 4 ~~ ~~ ~r~ 4. Pulled from Consent Agenda Level Three Application Case: TA2007-01001 Amendments to the Community Development Code (Continued from October 16, 2007) Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site features, revising tree protection requirements and the tree removal permit process, revising the property maintenance requirements, amending the sign code to address signs on City property, providing for the layout of streets to be in a grid system, improving site plan review submittal requirements, making the Code consistent with Federal, State, and County law or rules, establishing a.process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. Since 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 Department and Development & Neighborhood Services Department. Discussions occurred to make certain that the amendments are workable and not conflicting with other City codes and processes. The Planning Department is recommending a total of 31 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are. refinements to existing Community Development Code sections. Below is a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided here. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 -Zoning Districts Permitted Uses Location (Chart 2-100 of Ordinance, Pages 28, 32, 34, 35, 36, and 37) Community Development 2007-11-20 7 ,~ Ordinance 7835-07 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what use can be proposed and where in the City of Clearwater. The land uses of Veterinary Offices, and or Animal Grooming, with Boarding as an accessory use is proposed to be permitted through the Flexible Development or Level Two Process within the Downtown zoning district. Indoor Recreation/Entertainment and Publications and Printing are proposed as permitted land uses within the Industrial, Research, and Technology zoning district. Marinas and Marina Facilities (Pages 28 and 39 of Ordinance) These amendments change the parking requirement for proposed Marinas and Marina Facility projects within certain zoning districts. The amendments will ensure that marinas and marina facilities will provide adequate parking, even though the number of required parking spaces is decreased. Mixed Use as a Permitted Use (Pages 9, 10, 11, 20, 21, 22, 23, and 28 of Ordinance) This ordinance adds mixed-use within the Tourist and Downtown zoning districts. The introduction of this use to these districts provides an incentive toward the reduction of automobile dependence and promotes residential uses within walking distances of shopping, dining, recreation, and employment. Mixed-use already is permitted within the Commercial and Office zoning districts. Article 3 -Development Standards Sign Code Amendments (Pages 44 and 45 of Ordinance) This amendment provides criteria for signage within City parks or recreational facilities. This is new to the sign code. The amendment allows one sign at each park to identify a specific program operated at the facility. It allows signage for programs operating with long-term leases and requires the Department of Parks and Recreation to approve the sign design to ensure consistency with Department of Parks and Recreation signage. Article 4 -Development Review and Other Procedures Implementation of Levels One and Two Approvals (Pages 47 - 52 of Ordinance) The ordinance includes amendments to improve the implementation requirements for Level One and Level Two approvals, establishing a clear timeframe of 24 months, unless otherwise specified, for building permit issuance, completion of work, and certificate of occupancy issuance. The amendments also provide a performance measure with specific tests to determine substantial development completeness toward maintaining an approval. The amendments prevent projects from becoming vested yet not being built or completed, and remaining in an inactive status. Comprehensive Sign Program Process (Pages 53 - 57 of Ordinance) Community Development 2007-11-20 8 • \~ The ordinance establishes a formal process for the submittal, review, and action on Comprehensive Sign Program applications. This process is designed to allow for the City's Comprehensive Sign Program to be consistent in process and to be efficient. Application reviews and staff decisions will occur within specific timeframes. Other Amendments: Proposed Ordinance 7835-07 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: 1) Providing language to enable greater wall and fence height allowances in limited circumstances; 2) Making the Code consistent with other law or rules; 3) Amending the definitions section; and 4) Improving tree replacement provisions and the tree removal permit process. Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following: 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: 1) 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 reduced parking requirements for marinas and marina facilities 2) Objective 4.1 -All signage within the City of Clearwater shall be consistent with the Clearwater sign code, as found within the Community Development Code, and all proposed signs shall be evaluated to determine their effectiveness in reducing visual clutter and in enhancing the safety and attractiveness of the streetscape; 3) Policy 4.1.1 -Commercial signs in Clearwater shall be restricted to discourage the proliferation of visual clutter, promote community aesthetics, provide for highway safety, and to allow the identification of business locations; 4) Policy 4.1.3 -Sign identification of City parks and buildings shall be used as a positive example of aesthetic and legible site identification. The proposed amendments include a single consistent process for City staff review of Comprehensive Sign Program application submittals; 5) Objective 4.2 -All development or redevelopment initiatives within the City of Clearwater shall meet the minimum landscaping/tree protection standards of the Community Development Code in order to promote the preservation of existing tree canopies, the expansion of that canopy, and the overall quality of development within the City; and 6) Policy 4.2.1 -All new development or redevelopment of property within the City of Clearwater shall meet all landscape requirements of the Community Development Code. The ordinance improves City tree protection requirements and the tree removal permit process. The ordinance also strengthens the standards for the preparation of landscape plans. 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, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. The proposed amendments to the Community Development Code are consistent with the Clearwater Comprehensive Plan and the purposes of the Community Development Code. These amendments further the development goals that established the Code. Existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Community Development 2007-11-20 9 ,~ The Planning Department Staff recommends approval of Ordinance 7835-07, which makes revisions to the Community Development Code. Regarding Section 7, Article 2, Zoning Districts, Section 2-903, (Table 2-903. "D" District Flexible Development Standards), concern was expressed that reducing parking to one space per two boat slips would result in inadequate parking, especially at the downtown boat slips, where dock boxes will not be provided. It was noted that guest parking for larger boats also must be considered. It was recommended that the design for downtown boat docks feature an adjacent drop-off area for boaters to unload gear. It was noted that parking is a problem at Dunedin's marina. It was stated that data on recommended parking to boat slip ratio should be provided. At least 1.5 parking spaces per 2 boat slips was recommended. Concern was expressed that reduced parking requirements will make it more difficult for boaters to find parking and launch boats from north beach. Concern was expressed that parking problems currently exist at the beach marina. It was requested that the City Council verify that a study supported staff's recommendation. It was recommended that the number of spaces be based on data rather than by arbitrary decision. It was requested that staff restudy the issue and provide evidence of acceptable parking requirements for boat slips. It was felt it would be difficult for boaters to park up to 1,000 feet from the entrance docks that lack dock boxes. Planning Director Michael Delk said staff had significant conversations with consultants and performed an internal study of acceptable standards. The change is intended to bring consistency to the Code. In response to a concern regarding proposed changes to expirations of approval in Section 23. Article 4, Development Review and Other Procedures, Section 4-303 and Section 24. Article 4, Development Review and Other Procedures, Section 4-407, Mr. Delk said the change is intended to interject performance requirements that oblige developers to do more than apply for permits. Clarification of Section 14, Article 3, Development Standards, Section 3-903 was requested as it was felt the language is confusing. Mr. Delk said the change was intended to allow a walkway to a side entrance. Discussion ensued regarding the section. It was recommended that language "paving material allowing for pedestrian" be struck to read ".. . walkways leading to building entrances and driveway access to garages, ..." In response to a question regarding Public Transportation Facilities, Senior Planner Mike Reynolds said no changes were proposed. Mr. Delk said lettering was changed to regroup the sections for codification. Assistant City Attorney Leslie Dougall-Sides said in the near future, the City may review proposed language dealing with multi modal and concurrency issues. In response to a concern regarding the intent of language related to the height of Places of Worship, Mr. Reynolds said no changes were proposed. Ms. Grimes indicated that the same criteria are throughout the Code. It was felt the criteria should be~reviewed. In response to a question, Mr. Delk said no changes are proposed regarding the maximum height for nightclubs. Community Development 2007-11-20 10 Member Coates moved to recommend approval of Case: TA200 -01001 based on the evidence and testimony presented in the application, the Staff Report nd at today's hearing and recommend that language in Section 14, Article 3, Develop tandards, Section 3-903, be modified to read "...walkways leading to building entrances nd riveway access to garages, ..." The motion was duly seconded and carried unanimously. Member Coates moved to recommend approval of Case: TA2007-01001 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing and recommend that staff study the matter regarding the correct number of boat slips per parking space and provide evidence to substantiate their recommendation for one parking space for two slips. The motion was duly seconded. In response to a recommendation that the downtown boat slips be required to feature a drop-off area, Mr. Delk said the CDB could address that issue upon its review of the site plan. Upon the vote being taken, the motion carried unanimously. 5. Case: FLD2007-06024 - 1200 Rogers Street Level Two Application Owner/Applicant: John H. Meek Jr. Representative: Renee Ruggiero, Northside Engineering Services, Inc. (300 South Belcher Road, Clearwater, FL 33765; phone: 727-443-2869; fax 727-446-8036; a-mail: renee@northsideengineering.com). Location: 0.154 acre located at the northeast corner of Rogers Street and South Missouri Avenue. Atlas Page: 2966. Zoning District: Commercial (C) District. Request: Flexible Development approval for a Comprehensive Infill Redevelopment Project to permit an off.-street parking lot in the Commercial (C) District with a reduction to the lot width along Missouri Avenue from 100 feet to 67 feet, a reduction to the lot width along Rogers Street from 100 feet to 84 feet, a reduction to the minimum lot area from 10,000 square-feet to 6,728 square-feet, a reduction to the front (west) setback from 25 feet to 10 feet (to pavement), a reduction to the front (south) setback from 25 feet to 10 feet (to pavement), a reduction to the side (north) setback from 10 feet to five feet (to pavement) and a reduction to the side (east) setback from 10 feet to zero feet (to pavement) under the provisions of Section 2-704.C. and a reduction to the front (west) landscape buffer from 15 feet to 10 feet, a reduction to the side (east) landscape buffer from five feet to zero feet, and a reduction to the required interior landscaping from 10% to 4.39% under the provisions of a Comprehensive Landscape Program per Section 3-1202.G. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. The 0.154 acre is located on the east side of Missouri Avenue at the northeast corner of Rogers Street and Missouri Avenue. The site is an irregularly shaped corner lot with approximate dimensions of 90 feet by 75 feet. The site is currently a vacant lot. The proposal includes constructing a surface parking area for 13 vehicles. This off- street parking area will be used by the neighboring site to the east, which has business hours of Community Development 2007-11-20 11 i ~ ~ LL } ~ ~~ ~. U ~ ,,~- . Revised 11/20/2007 CONSENT AGENDA COMMUNITY DEVELOPMENT BOARD Date: Tuesday, November 20, 2007 ~'ime: 1:00 p.m. Place: 112 South Osceola Street, 3`d Floor, Clearwater, Florida, 33756 (City Hall Council Chambers) Welcome the City of Clearwater Community Development Board (CDB) meeting. The City strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 72 hours prior to the meeting if you require special accommodations. Assisted listening devices are available. An oath will be administered swearing in all participants in public hearing cases. If you wish to speak please wait to be recognized, then state and spell your name and provide your address. Persons speaking before the CDB shall be limited to three minutes unless an individual is representing a group in which case the Chairperson may authorize a reasonable amount of time up to 10 minutes. Kindly refrain from conducting private conversations, using beepers, cellular telephones, etc. as they are distracting during the meeting. Florida Statue 286.0105 states: Any person appealing a decision of this Board must have a record of the proceedings to support such appeal. Community Development Code Section 4- 206 requires that any person seeking to: personally testify, present evidence, argument and witness, cross-examine witnesses, appeal the decision and speak on reconsideration requests should request party status during the case discussion. Party status entitles parties to: personally testify, present evidence, argument and witnesses cross-examine witnesses, appeal the decision and speak on reconsideration requests. If you have questions or concerns about a case, please contact the staff presenter from the Planning Department listed at the end of each agenda item at 727-562-4567. Make Us Your Favorite! www.myclearwater.com/ ov/depts/planning Community Development Board Agenda -November 20, 2007 -Page 1 of 4 • ~' A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE ' B. ROLL CALL: Chair Fritsch, Vice Chair Milam, Members Behar, Coates, Dame, Tallman, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: October 16, 2007 D. REQUEST FOR CONTINUANCE (Item 1): 1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade Level Two Application (Request for continuance to December l8, 2007) Owner/Applicant: Peter Pan Developments, LLC, Petrit Meroli, Panayiotis Vasiloudes, Epic Holdings South, LLC, and Somerset Place, Inc. Representative: Sherry Bagley and/or Bill Woods, Woods Consulting (1714 County Road 1, Suite 22, Dunedin, FL 34698; phone: 727-786-5747; fax 727-786-7479; a-mail: `J, sbagle~nao woodsconsulting.org). Location: 0.618 acres located at the northeast and southeast corner of the intersection of Bay Esplanade and Somerset Street. Atlas Page: 258A. Zoning District: Tourist (T) District -Old Florida. Request: Flexible Development approval to construct a 3,182 square foot multi-use dock facility to provide 14 slips as an amenity to a proposed 16 unit attached dwelling (two buildings with eight dwelling units in each) in the Tourist (T) District with an increase to the length of the southern dock from 75 percent of the lot width (93.75 feet) to 89 percent of the lot width (111 feet) under the provisions of Section 3-601.C3. Proposed Use: Multi-use dock of 3,182 square feet for 14 slips, in conjunction with a 16-unit attached dwelling (condominium). Neighborhood Association: Clearwater Beach Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email: papamurphy(a~aol.com); Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. E. CONSENT AGENDA: The following cases are not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1- 5): 1. Case: FLD2006-03015 - 657-663 Bay Esplanade Owner: Anthony Menna, North Clearwater Beach Development, LLC. Representative: Northside Engineering.Services, Inc. Location: 0348-acre subject property is located on the south side of Bay Esplanade, approximately /~ / 200 feet east of Poinsettia Avenue v Atlas Page: 258A. Zoning District: Tourist (T) District. Request: Extend the timeframe of the Development Order. Proposed Use: Attached dwellings (13 condominium units). Presenter: Robert G. Tefft, Planner III. Community Development Board Agenda -November 20, 2007 -Page 2 of 4 2. Case: FLD2007-10031 -~0 Gulf-to-Bay Boulevard ~, Level Two Application Owner: Clant, Inc. vt Applicant/Representative: Monica Pomroy, Interplan, LLC (933 Lee Road, Orlando, FL 32810; phone: 407-645-5008; fax: 407-629-9124; email: mpomroy(a~,interplanorlando.com). Location: 1.57 acre parcel at the northeast corner of Gulf-to-Bay and Park Place Boulevards. Atlas Page: 291 A. Zoning District: Commercial (C) District. Request: Flexible Development approval for a Retail Sales and Service use (Bank) within the Commercial (C) District and the Park Place Development of Regional Impact (DRI) with a reduction from the front (south) setback from 25 feet to 15 feet (to pavement) and a reduction from the front (west) setback from 25 feet to 10 feet (to pavement) as a Comprehensive Infill Redevelopment Project pursuant to Section 2-704.C of the Community Development Code. Proposed Use: Retail Sales and Services (Bank). Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Robert G. Tefft, Planner III. 3. Adopt Public Participation Policy -Resolution 07-14 Public Participation Plan /~ Request: Pass Resolution Pursuant to State Statutes and Florida Administrative Code, Approving l~ Public Participation Plan to meet requirements of Chapter 163 of the Florida State Statutes, and Chapter 9J-5 F.A.C. Presenter: Catherine W. Porter, AICP 4. Case: TA2007-01001 Amendments to the Community Development Code Level Three Application (Continued from the meeting of October 16, 2007) Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code regarding numerous provisions including revising and updating permitted and accessory uses, amending the height specifications for walls and fences in certain locations, providing fences to be permitted on vacant lots and lots without a primary use in certain locations, amending the setback requirement exceptions to allow certain site (! ~ features, revising tree protection requirements and the tree removal permit process, revising the V property maintenance requirements, amending the sign code to address signs on City property, providing for the layout of streets to be in a grid system, improving site plan review submittal requirements, making the Code consistent with Federal, State, and County law or rules, establishing a process for the Comprehensive Sign Program, strengthening the implementation requirements for Level One and Level Two development approvals, clarifying procedures for the neighborhood conservation overlay district designation process, revising code provisions to improve enforcement of the code, amending the definitions section, and updating the schedule of fees, rates, and charges. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich,• President, P.O. Box 8204, Clearwater, FL 33758). Presenter: Michael H. Reynolds, AICP, Planner III. Community Development Board Agenda -November 20, 2007 -Page 3 of 4 • 5. Case: FLD2007-06024 -.~ Rogers Street ~.. Level Two Application Owner/Applicant: John H. Meek Jr. °~ Representative: Renee Ruggiero, Northside Engineering Services, Inc. (300 South Belcher Road, Clearwater, FL 33765; phone: 727-443-2869; fax 727-446-8036; a-mail: renee o,northsidee~~~ii~eering.com). Location: 0.154 acres located at the northeast corner of Rogers Street and South Missouri Avenue. Atlas Page: 296B. Zoning District: Commercial (C) District. Request: Flexible Development approval for a Comprehensive Infill Redevelopment Project to permit an off-street parking lot in the Commercial (C) District with a reduction to the lot width along Missouri Avenue from 100 feet to 67 feet, a reduction to the lot width along Rogers Street from 100 feet to 84 feet, a reduction to the minimum lot area from 10,000 square feet to 6,728 square feet, a reduction to the front (west) setback from 25 feet to 10 feet (to pavement), a reduction to the front (south) setback from 25 feet to 10 feet (to pavement), a reduction to the side (north) setback from 10 feet to five feet (to pavement) and a reduction to the side (east) setback from 10 feet to zero feet (to pavement) under the provisions of Section 2-704.C. and a reduction to the front (west) landscape buffer from 15 feet to 10 feet, a reduction to the side (east) landscape buffer from five feet to zero feet, and a reduction to the required interior landscaping from 10% to 4.39% under the provisions of a Comprehensive Landscape Program per Section 3-1202.G. Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758). Presenter: A. Scott Kurleman, Planner II. F. ADJOURNMENT S: (Planning DepartmentlC D BlAgendas DRC & CDBICDB12007V I November 20, 20071CDB Consent Agenda November 20, 2007.doc Community Development Board Agenda -November 20, 2007 -Page 4 of 4