TA2007-09002
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41
PLANNING DEPARTMENT
September 25, 2007
CITY OF C LEARWATER
POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 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. 7884-07 (ITEM NO.: TA2007-09002)
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 October 17, 2007, and second reading date is November 1, 2007.
Yours truly,
Catherine W. Porter, AICP
Long Range Planning Manager
cc: Gina Clayton, Assistant Planning Director
S: (Planning DepartmentlCommunity Development Code12007 Code AmendmentslT42007-09002Fractional OwnershiplTA2008-09002Letter to
PPC.doc
FRANK HIBBARD, MAYOR
JOHN DORAN, COUNCILMEMBER J.B. JOHNSON, COUNCILMEMBER
BILL JONSON, COUNCILMEMBER CARLEN A. PETERSEN, COUNCILMEMBER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER"
N
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t 1 i •
ORDINANCE NO. 7884-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE RELATING TO LAND USE; AMENDING ARTICLE 8,
DEFINITIONS AND RULES OF CONSTRUCTION; AMENDING
SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF
"FRACTIONAL OWNERSHIP" AND REVISING FOR
CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING
UNIT", "INTERVAL OWNERSHIP/TIMESHARING UNIT", AND
"RESIDENTIAL USE" AS RELATES TO THE USE OR
OCCUPANCY OF DWELLING UNITS LOCATED ON
RESIDENTIALLY ZONED PROPERTY FOR USE AS
FRACTIONAL OWNERSHIP, INTERVAL OWNERSHIP OR
TIMESHARING UNITS; AMENDING THE DEFINITION OF
"OVERNIGHT ACCOMMODATIONS" TO ADDRESS
MEMBERSHIP GROUPS AND MEMBERS OF ASSOCIATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a purpose of the City of Clearwater Community Development Code is
to preserve neighborhoods as evidenced by provisions of Section 1-103, Section 8-102
and provisions of Article 2, Zoning Districts, regarding the intent and purpose of the
residential zoning districts; and
WHEREAS, historically, the City of Clearwater Code of Ordinances has not
permitted the interval ownership, fractional ownership, or timeshare use of dwelling units in
traditional residential neighborhoods; and
WHEREAS, conflict occurs when such uses, which are not traditional residential
uses, operate in residential neighborhoods; and
WHEREAS, the peace, safety and welfare of residents and owners in residential
zoning districts may be detrimentally affected by such uses and negative community
impacts can be generated by such uses; and
WHEREAS, the Clearwater Comprehensive Plan generally separates non-
residential from residential uses in such a way as to minimize the intrusion of off-site
impacts into residential neighborhoods; and
WHEREAS, the Community Development Board, pursuant to its responsibilities as
the Local Planning Agency, has reviewed this amendment, conducted a public hearing,
considered all public testimony and has determined that this amendment is consistent with
the City of Clearwater's Comprehensive Plan; and
Ordinance No. 7884-07
J q 0 0
WHEREAS, the City Council has fully considered the recommendations of the
Community Development Board and testimony submitted at its public hearing; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 8-102, Code of Ordinances, is amended to read as
follows:
Sec. 8-102. Definitions.
For the purposes of this Development Code, the following words and terms have
the meanings specified herein:
Dwelling unit means a building or portion of a building providing independent
living facilities for one family including provision for living, sleeping, and complete
kitchen facilities. A dwelling unit located ' on residentially
zoned property shall be used only for a residential use, unless otherwise specified
and shall not be used or occupied in interval ownership, in fractional ownership, or as a
timesharing unit.
Fractional ownership means the ownership in fee simple of a portion of a unit
where title to the unit is divided by time interval, whether or not the unit is occupied by
the fractional owner or by the public, by members of a membership group, or by
members or an association. No dwelling unit located on residentially zoned property
shall be used or occupied in fractional ownership.
Interval ownership/timesharing unit means an overnight accommodation, the
ownership or contractual use of which is for a specified period of time, designed to be
utilized as a temporary place of residence and counted as a hotel room for the purpose
of applying the density standards of this development code. No dwelling unit located on
residentially zoned _property_shall be_used _or occupied in interval ownership or as a
timesharing unit.
Overnight accommodations means any use that provides transient lodging
accommodations to the public, a membership group, or members of an association,
including interval ownership. Allowable accessory uses shall be integral to the principal
use and may include, but shall not be limited to, offices, restaurants and retail provided
such uses are integral to the primary use.
2 Ordinance No. 7884-07
Residential use means a permanent place of residence for a family. A
residential use located ' on residentially zoned property
shall not include rentals for periods of less than 31 days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place rented for
periods of less than 31 days or one calendar month, whichever is less. A residential
use located on residentially zoned property shall not include an interval ownership, a
fractional ownerhip, or a timesharing unit.
Section 2. 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 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
October 17, 2007
November 1, 2007
r
Frank V. Hibbard .
Mayor
Approved as to form:
Leslie K. Dougall-Si
Assistant City Attorne
Attest:
LA&
Cy is E. Goudeau
City lerk
3 Ordinance No. 7884-07
1
Meeting
Date: 10/17/2007
City Council Agenda
Council Chambers - City Hall
SUBJECT / RECOMMENDATION:
Amend Section 8-102 relating to fractional ownership and similar uses of residentially
zoned property and overnight accommodations and pass Ordinance No. 7884-07 on
first reading.
SUMMARY:
This Ordinance amends the Definitions Section of the Community Development Code,
Section 8-102, by adding a definition of "fractional ownership" and revising certain
other definitions to clarify that fractional ownership, interval ownership, and
timesharing units are not permitted uses for residentially zoned property, and to clarify
that "overnight accommodations" includes lodging offered to membership groups and
members of associations in addition to the public at large.
Type:
Current Year Budget?:
Other
None
Budget Adjustment: None
Budget Adjustment Comments:
Current Year Cost:
Not to Exceed:
For Fiscal Year:
Bid Required?:
C
Other Bid / Contract:
No
to
1101
Annual Operating Cost:
Total Cost:
Bid Number:
Bid Exceptions
None
Review Approval: 1) Clerk
Z:x
CDB Meeting Date:
Case Number:
Agenda Item:
CITY OF CLEARWATER
STAFF REPORT
TEXT AMENDMENT
REQUEST:
i
October 16, 2007
TA2007-09002
FF=2
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Amendments to the Community Development Code -
Ordinance No. 7884-07
INITIATED BY: City of Clearwater, City Attorney's Office
BACKGROUND INFORMATION:
This Ordinance adds a definition of "Fractional Ownership" and amends several existing
definitions contained in the Definitions Section, 8-102, of the Community Development
Code. It has become necessary to clarify that such uses as fractional ownership, interval
ownership, and timeshare units are not appropriate or permitted on residentially zoned
property.
ANALYSIS:
Proposed Amendments:
Proposed Ordinance No. 7884-07 includes the following amendments:
1. Adds definition of "fractional ownership".
2. Amends definition of "dwelling unit" to clarify that dwelling units located on
residentially zoned property shall not be used or occupied in fractional ownership,
interval ownership, or as timesharing units.
3. Amends definition of "interval ownership/timesharing unit" to clarify that
dwelling units located on residentially zoned property shall not be used or
occupied in interval ownership or as a timesharing unit.
4. Amends definition of "residential use" to clarify that a residential use located on
residentially zoned property shall not be used or occupied in fractional ownership,
interval ownership, or as timesharing units.
5. Amends definition of "overnight accommodations" to include transient lodging
accommodations offered to a membership group or members of an association as
well as to the public.
Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 1
4 . •
J
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,
Objectives and policies of the Comprehensive Plan.
The proposed amendments are consistent with and further the following Goals,
Objectives, and Policies contained within the Comprehensive Plan:
Goal 2-- The City of Clearwater shall utilize innovative and flexible planning
and engineering practices, and urban design standards in order to
protect historic resources, ensure neighborhood preservation,
redevelop blighted areas, and encourage infill development.
Objective 2.3-- The City shall encourage the implementation of historic overlay
districts, the maintenance of existing historic properties, and the
preservation of existing neighborhoods through the use of design
guidelines and the implementation of the City's Community
Development Code.
Objective 3.2-- Future Land Use in the City of Clearwater shall be guided by the
Comprehensive Land Use Plan Map and implemented through the
City's Community Development Code. Map categories are further
defined in Policy 3.2.1.
Policy 3.2.1-- Land uses on the Comprehensive Land Use Plan Map shall
generally be interpreted as indicated in a Table following the
Policy. Residential Plan Classifications are listed on the Table as
having Primary Uses of various types of Residential.
2. The proposed amendments further the purposes of the Community
Development Code and other City ordinances and actions designed to
implement the Plan.
These proposed amendments further the following purposes of the Code:
Section 1-103.A - It is the purpose of this Development Code to implement the
Comprehensive Plan of the city; to promote the health, safety,
general welfare and quality of life in the city; to guide the orderly
growth and development of the city; to establish rules of procedure
for land development approvals; to enhance the character of the city
and the preservation of neighborhoods; and to enhance the quality
of life of all residents and property owners of the city.
B. It is the purpose of this Community Development Code to create
value for the citizens of the City of Clearwater by: ... 2.Ensuring that
development and redevelopment will not have a negative impact on
the value of surrounding properties and wherever practicable
Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 2
i?tl . •
i7promoting development and redevelopment which will enhance the
value of surrounding properties....
E. - It is the further purpose of this Development Code to:...
2. - Protect the character and the social and economic stability of all
parts of the city through the establishment of reasonable standards
which encourage the orderly and beneficial development of land
within the city....
See also Sections 2-101, 2-201, 2-301, 2-401, and 2-501, Intent and Purpose Sections for
Residential Zoning Districts, and Chart 2-100.
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.
The Planning Department and City Attorney's Office recommend APPROVAL of
Ordinance No. 7884-07 amending the Community Development Code in the manner
described above.
ATTACHMENT:
Proposed Ordinance No. 7884-07
PREPARED BY:
Office of the City Attorney
Staff Report - Community Development Board - October 16, 2007 - TA2007-09002 3
? PINELLAS
PLANNING
COUNCIL
COUNCIL MEMBERS
600 Cleveland Street, Suite 850 • Clearwater, Florida
Telephone 727.464.8250 • Fax 727.464.8212 • ww?
October 10, 2007
Ms. Catherine W. Porter, AICP
Long Range Planning Manager
City of Clearwater
100 S. Myrtle Avenue
Clearwater, FL 33756
_ Vice-Mayor Sandra L. Bradbury, Chairman
I S I Mayor Bob Hackworth, Vice-Chairman
Mayor Beverley , Treasurer
Vice-Mayor Jerry Knight, Secretary
Vice-Mayor John Doran
Councilmember David W. "Bill" Foster
Mayor Pat Gerard
a l s Mayor Dick Holmes
School Board Member Linda S. Lerner
Mayor Mary H. Maloof
Commissioner John Morroni
PLANNING $ DEVELOPMENT Mayor Jim Ronecker
Mayor Andy Steingold
sERVICEs
CITY OF David P. Healey, AICP
CLEARy?A7?EFf Executive Director
RE: Review of Proposed Community Development Code Amendments
(Ordinance No. 7884-07) for Consistency with the Countywide Rules
Dear Ms. Porter:
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 amendments to the Community Development Code, Article 8,
Definitions and Rules of Construction, adding a definition of "fractional
ownership" and revising the definitions of "dwelling unit," "interval
ownership/timesharing unit," "overnight accommodations," and "residential use"
serve to prohibit interval ownership, fractional ownership, and timesharing activity
in residential dwelling units and are consistent with the Countywide Rules.
Amendment of the Countywide Rules is in process and is intended to account for modern
trends affecting transient accommodation uses. Upon adoption, local standards for
transient accommodations can be amended to allow higher transient accommodation
density, but then must also be made consistent with the new provisions in the
Countywide Rules. At two public hearings scheduled for October 2"d and 16th, the
Countywide Planning Authority will consider proposed changes including changing the
term "transient accommodation" to "temporary lodging" and adding provisions which
require local governments wishing to take advantage of the proposed higher temporary
lodging use densities to provide for a development agreement that addresses design
considerations, concurrency management including MPO transportation methodology,
and operational characteristics, including maximum length of stay.
PLANNING FOR THE PINELLAS COMMUNITY
• •
Thank you for transmitting these code amendments for review. If you have any
questions, please feel free to call me at 464-8250.
Sincerely,
C'L ???
Christopher M. Mettler
Program Planner
cc: Councilmember John Doran, PPC Representative
Michael Delk, Planning Director
H:\USERS\WPDOCS\RULES\Consistency Determinations\CLEARWATI CD07-2.clw.doc
PINELLAS
Y 016H16503794
PLANNING in U)
COUNCIL TEMP--RETURN SERVICE ?V $00.37-3
,- R 10/111/2007
600 Cleveland Street, Suite 850 a "led From 33756
Clearwater, Florida 33755-4160
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Ms. Catherine Porter, AICP
Long Range Planning Manager j Off 1 + :.
City of Clearwater
100 S. Myrtle Ave. PLANNI.v;. , DEVELOPMENT
Clearwater, FL 33756 _ SE '!ICES
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share obligation to the adjacent local government has been satisfied. The City
may lace as a condition of a roval that the adjacent local government
declare in a resolution, ordinance, or ecivalent document, its intent for the use
of the conc6rrency funds to be paid by the applicant.
i
Areas EA's Trans ortatio Co 'currenc Management Areas TCMA's
and Mul6moda/ Trans ortatio D'stricts MMTD's . Within the local
TCMA's MTD's and/or T E 's the City hereby establishes a
ro ortiona a fair-share asses meoit based on the expected costs and
trans ortatio benefits of all the ro rammed improvements within that
District and ased on the x cted trip, generation of the proposed
development.
M. Method for cost scalation. his Section contains a method to estimate
rowth in costs th u h the cord utation of a three-year average of the
actual cost growth rtes. T Ws will provide a growth rate that should be
smoothed to avoid ov co ensatin for maior fluctuations in costs that
have occurred due to sh erm material shortages.
n
Costn = [(1 + 0 x (Costo 1 Cost rowth3?LX
Where:
Cost = The cost of the im
rD) /by ement in ear n,
n
t = Contin enc factor -/Will onl be a lied to ro'ects that have nc
ad'usted for resent da costs usin a co arable contingency factor
Cost 0 = The cost of th improvement in the c rrent ear
Cost growth T growth rate of costs tl?e last three ears;
n = The number f ears until the improvement is co structed.
The three- r rowth rate is determined b the followin ormula:
Cost ro = [Cost growth + Cost growth + Cost growth 3
1 -2 -3 -yr
Where:
Cost rowth The growth rate of costs over the last three years;
C 4t growth i = The growth rate of costs in the previous year;
13 Ordinance No. 7718-06
0
`Clearwater
CONSENT AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, October 16, 2007
Time: 1:00 p.m.
Place: 112 South Osceola Street, 3`d Floor,
Clearwater, Florida, 33756
(City Hall Council Chambers)
Revised 10/15/2007
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/gov/depts/planning
Community Development Board Consent Agenda - October 16, 2007 - Page 1 of 3
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Milam, Members Behar, Coates, Dame, Tallman, DiPolito,
City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 18, 2007
D. REQUEST FOR CONTINUANCE (Items 1-2):
1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade Level Two Application
(Request for continuance to November 20, 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; e-mail:
sbagley_(a),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 4,062 square foot multi-use dock facility to
provide 16 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 111 percent of the lot width (139 feet) under the
provisions of Section 3-601.C.3.
Proposed Use: Multi-use dock of 4,062 square feet for 16 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@aol.com); Clearwater
Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758).
Presenter: A. Scott Kurleman, Planner II.
2. Case: TA2007-01001 Amendments to the Community Development Code Level Three Application
(Request for continuance to November 20, 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.
Community Development Board Consent Agenda - October 16, 2007 - Page 2 of 3
E. CONSENT AGEND,&he following cases are not contee'd by the applicant, staff,
neighboring property owners, etc. and will be approved by a single vote at the beginning of the
meeting (Items 1- 2):
1. Case: FLD2007-07026 - 809 Palm Bluff Street Level Two Application
Owner: Cheryl Trueblood.
Applicant/Representative: Warren S. Williams (14683 Pine Glen Circle, Lutz, FL 33559; phone:
813-977-6067).
Location: 0.115-acre parcel on the south side of Palm Bluff Street approximately 400 feet east of the
intersection of North Myrtle Avenue and Palm Bluff Street.
Atlas Page: 269A.
Zoning District: Medium Density Residential (MDR) District.
Request: Flexible Development approval to permit the construction of a detached dwelling in the
Medium Density Residential, (MDR) District with a reduction to the front (north) setback from 25
feet to 14.49 feet, as a Residential Infill Project, under the provisions of Section 2-304.G.
Proposed Use: Detached Dwelling.
Neighborhood Associations: Clearwater Neighborhoods. Coalition (Joe Evich, President, P.O. Box
8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood Association (Kathy Milam,
President, 1828 Venetian Point Drive, Clearwater, FL 33755).
Presenter: A. Scott Kurleman, Planner II.
2. Case: TA2007-09002 Amendments to the Community Development Code Level Three Application
Applicant: City of .Clearwater, Planning Department.
Request: Amendments to the Community Development Code adding a definition of fractional
ownership and revising for clarification purposes the definitions of dwelling unit, interval
ownership/timesharing unit, overnight accommodations and residential use.
Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box
8204, Clearwater, FL 33758).
Presenter: Leslie Dougall-Sides, Assistant City Attorney
F. DIRECTOR'S ITEM (Item 1):
1. Holiday Luncheon
G. ADJOURNMENT
S:• Planning DepartmentlCD BUgendas DRC & CDBICDB12007110 October 16, 20071CDB Consent Agenda October 16, 2007.doc
Community Development Board Consent Agenda - October 16, 2007 - Page 3 of 3
LL
0
} earwa er
Revised 10/11/2007
0
AGENDA
COMMUNITY DEVELOPMENT BOARD
Date: Tuesday, October 16, 2007
Time: 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/ og v/depts/planning
Community Development Board Agenda - October 16, 2007 - Page 1 of 3
0 •
A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE
B. ROLL CALL: Chair Fritsch, Vice Chair Milam, Members Behar, Coates, Dame, Tallman, DiPolito,
Alternate Member Dennehy, City Staff
C. APPROVAL OF MINUTES OF PREVIOUS MEETING: September 18, 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 November 20, 2007)
Owner/Applicant: Peter Pan Developments, LLC, Pettit 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; e-mail:
sbagleyna 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 4,062 square foot multi-use dock facility to
provide 16 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 111 percent of the lot width (139 feet) under the
provisions of Section 3-601.C.3.
Proposed Use: Multi-use dock of 4,062 square feet for 16 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: papamurphyna,aol.com); Clearwater
Neighborhoods Coalition (Joe Evich, President, P.O. Box 8204, Clearwater, FL 33758).
Presenter: A. Scott Kurleman, Planner II.
E. LEVEL TWO APPLICATION (Item 1):
Case: FLD2007-07026 - 809 Palm Bluff Street Level Two Application
Owner: Cheryl Trueblood.
Applicant/Representative: Warren S. Williams (14683 Pine Glen Circle, Lutz, FL 33559; phone:
813-977-6067).
Location: 0.115-acre parcel on the south side of Palm Bluff Street approximately 400 feet east of the
intersection of North Myrtle Avenue and Palm Bluff Street.
Atlas Page: 269A.
Zoning District: Medium Density Residential (MDR) District.
Request: Flexible Development approval to permit the construction of a detached dwelling in the
Medium Density Residential, (MDR) District with a reduction to the front (north) setback from 25
feet to 14.49 feet, as a Residential Infill Project, under the provisions of Section 2-304.G.
Proposed Use: Detached Dwelling.
Neighborhood Associations: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box
8204, Clearwater, FL 33758); Old Clearwater Bay Neighborhood Association (Kathy Milam,
President, 1828 Venetian Point Drive, Clearwater, FL 33755).
Presenter: A. Scott Kurleman, Planner II.
Community Development Board Agenda - October 16, 2007 - Page 2 of 3
+ F. LEVEL THREE APPLRTIONS (Items 1-2): is
1. Case: TA2007-01001 Amendments to the Community Development Code Level Three Application
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Community Development Code regarding numerous provisions
including revising 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.
2. Case: TA2007-09002 Amendments to the Community Development Code Level Three Application
Applicant: City of Clearwater, Planning Department.
Request: Amendments to the Community Development Code adding a definition of fractional
ownership and revising for clarification purposes the definitions of dwelling unit, interval
ownership/timesharing unit, overnight accommodations and residential use.
Neighborhood Association: Clearwater Neighborhoods Coalition (Joe Evich, President, P.O. Box
8204, Clearwater, FL 33758).
Presenter: Leslie Dougall-Sides, Assistant City Attorney
G. DIRECTOR'S ITEM (Item 1):
1. Holiday Luncheon
H. ADJOURNMENT
S: (Planning Department)C D BlAgendas DRC & CDBICDM2007M September 18, 20071CDB Agenda October 16, 2007.doc
Community Development Board Agenda - October 16, 2007 - Page 3 of 3
• op
"Clearwater
U
Interdepartmental Correspondence Sheet
TO:
FROM:
Community Development Board Members
Neil Thompson, Development Review Manager
COPIES: Leslie Dougall-Sides, Assistant City Attorney; Susan Chase, City Clerk Specialist;
Sue Diana, Assistant City Clerk; Brenda Moses/Pat Sullivan, Board Reporters
SUBJECT: Agenda Items for October 16, 2007
DATE: October 11, 2007
CDB packets being distributed on contain the following items:
Agenda
Site investigation form
Unapproved minutes of previous meeting September 18, 2007
CONTINUED ITEM (Item 1):
1. Case: FLD2007-03007 - 685, 689, 693 and 699 Bay Esplanade
Level Two Application (Item 1)
1. Case: FLD2007-07026 - 809 Palm Bluff Street
Level Three Applications (Items 1-2)
1. Case: TA2007-01001 Amendments to the Community Development Code
2. Case: TA2007-09002 Amendments to the Community Development Code
DIRECTOR'S ITEM (Item 1)
1. Holiday Luncheon
S:IPlanningDepartment)CD BlAgendas DRC & CDBICDBI2007110 October 16,200M Cover MM010.16.2007.doe
•
NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY
DEVELOPMENT CODE
The City of Clearwater proposes to adopt the following ordinance:
ORDINANCE NO. 7884-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY
DEVELOPMENT CODE RELATING TO LAND USE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF
CONSTRUCTION; AMENDING SECTION 8-102, DEFINITIONS, BY ADDING A DEFINITION OF "FRACTIONAL
OWNERSHIP" AND REVISING FOR CLARIFICATION PURPOSES THE DEFINITIONS OF "DWELLING UNIT",
"INTERVAL OWNERSHIP/TIMESHARING UNIT", "OVERNIGHT ACCOMMODATIONS", AND "RESIDENTIAL USE" AS
RELATES TO THE USE OR OCCUPANCY OF DWELLING UNITS LOCATED ON RESIDENTIALLY ZONED
PROPERTY FOR USE AS INTERVAL OWNERSHIP OR TIMESHARING UNITS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
The proposed ordinance will affect the land area shown on the map in this advertisement:
(INSERT MAP HERE)
Schedule of Public Hearings:
Tuesday, October 16, 2007 before the Community Development Board, at 1:00 p.m.
Thursday, November 15, 2007 before the City Council (1st Reading), at 6:00 p.m.
Thursday, December 6, 2007 before the City Council (2nd Reading), at 6:00 p.m.
All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola
Ave, Clearwater, Florida. TA2007-09002
Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave,
Clearwater, Florida.
Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to
support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and
evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at
this hearing if the right to an appeal does not exist as a matter of law.
Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk
prior to or during the public hearing.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES
DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR
REQUEST AT (727) 562-4093.
City of Clearwater Cynthia E. Goudeau, MMC
P.O. Box 4748 City Clerk
Clearwater, FI 33758-4748
To learn more about presenting to Clearwater boards and City Council, go to
htto://clearwater.ciranicus.com/ViewPubiisher.i)hr)?view id=11 and click on "Resident Engagement Video." You can also
check the informational video out from any Clearwater public library.
Ad: 10/4/07 & 11123/07
Porter, Catherine
From: Clayton, Gina
Sent: Wednesday, September 26, 2007 12:01 PM
To: Dougall-Sides, Leslie
Cc: Porter, Catherine
Subject: RE: Text Amendment Ads for Review
That date is great. The CDB packets don't go out until around Oct. 8th. Thanks.
-----Original Message-----
From: Dougall-Sides, Leslie
Sent: Wednesday, September 26, 2007 11:50 AM
To: Clayton, Gina
Subject: RE: Text Amendment Ads for Review
Yes; what is the deadline to get it to you?
I will also be putting 7884-07 into MuniAgenda by Monday, Oct. 1.
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, September 26, 2007 11:10 AM
To: Dougall-Sides, Leslie
Subject: FW: Text Amendment Ads for Review
Are you preparing a staff report for the fractional ownership ordinance? Thanks.
-----Original Message-----
From: Sprague, Nicole
Sent: Wednesday, September 26, 2007 11:08 AM
To: Call, Rosemarie; Clayton, Gina; Dougall-Sides, Leslie; Harriger, Sandy; Hollander, Gwen; Matthews, Douglas E.; Phillips, Sue; Porter,
Catherine; Thompson, Neil; Watkins, Sherry
Cc: Call, Rosemarie; Gilmore, Stephanie
Subject: Text Amendment Ads for Review
Attached please find the two Text Amendment Ads for the upcoming CDB meeting on October 16. Please review
and let me know of any changes or corrections by tomorrow at 10:00 a.m. Please note, the same map applies to
both ads.
Thanks.
<< File: TA2007-01001, Ord 7835-07.doc >> << File: TA2007-09002, Ord 7884-07.doc >> << File: Clearwater
City Boundary Map.pdf >>
Nicole Sprague
City Clerk Specialist
Office of Official Records & Legislative Services
562-4097