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TA2008-03002; TA2008-01001lid MOTION TO AMEND ORDINANCE NO. 7926-08 ON FIRST READING On pages 2 and 3, amend Section 1 of the Ordinance from this: Countywide Future Land Maximum Maximum Floor Area Ratio/Im ervious Surface Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodation Units per Acre of Accommodations Accommodations Uses Per Acre Land Base Alternative Base Alternative Commercial Neighborhood 10 dwelling N/A N/A FAR.40/ISR .80 N/A N/A units per acre Commercial Limited 18 dwelling FAR.45/ISR .85 FAR 1.0/ISR.85 FAR.45/ISR :85 30 45 units per acre Commercial General 24 dwelling FAR.55/ISR .90 FAR 1.2/ISR.90 FAR.55/ISR .90 40 60 units per acre Residential/Office/Retail 18 dwelling FAR.40/ISR .85 FAR 1.0/ISR.85 FAR.40/ISR .85 30 45 units per acre Resort Facilities High 30 dwelling FAR 1.0/ISR.95 FAR 2.0/ISR.95 FAR 1.0/ISR.95 50 Less than units per acre one acre: 75 FAR 3.0/ISR.95 Between one acre and three acres: 100 FAR 4.0/ISR.95 reater tha three acres: 125 To this: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Maximum Overnight Accommodation Units Per Acre Commercial Neighborhood 10 dwelling units per acre FAR.40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR.45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR.55/ISR .90 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Resort Facilities High 30 dwelling units per acre FAR 1.0/ISR .95 50 unites per acre On page 4, amend Section 3 of the Ordinance as follows: 6. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. 163 3239 F S ith fil d ith th P t A i ' Offi d . , a GOY! n•? .6r? . a G , w }ted tO h OPY e w e FOpeF y ppFa 6eF s P- PPG- and /'`P fnr reG ipt and fi Ge, an - ling within fouFteen (14 ) da s afteF and y f ? C? 6. Untie its deye'epment Nmitations memorialized in a steed re trigtiont Whigh On page 5, amend Section 4 of the Ordinance as follows: 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted-; ae AdMinistretirtn of the (mot tt•tttwide C't ttt ire L to alternative deRG*t an t as a wten tintensity and Use Plan" rled from time t as they n o time; ert?+in y t st t Be eser? with the (`Icrl ? Of the Gi b - -- ; it Ge trt nt trst r t an t to C n estio . , ? T o, ?,?-o F S ? ,,,: --?o--o t t, t? aRd . , • t a-GOPY submitted to the PPG - aRd GPA Y7 "`" v rn?a GP A feuFteeR (14) days afteF aRd t Have its development limitations memgrializ for reaeint aR ?-r?? d in a deed re d filing trintion t tiithin t high t On pages 6 and 7, amend Section 6 of the Ordinance as follows: Countywide Future Land Maximum Maximum Floor Area Ratio /Impervious Surface Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodations Units per Acre of Accommodations Accommodations Uses Per Acre Land Base Alternative Base Alternative Resort Facilities High 30 dwelling FAR I.0/ISR.95 FAR 2.0/ISR.95 FAR I.0/ISR.95 50 Less than units per acre one acre: 75 70 FAR 3.0/ISR.95 Between one acre and three acres: 4-00 90 FAR 4.0/ISR.95 rester than three acres: 42-5110 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Pamela K. Akin City Attorney April 17, 2008 9 0 ORDINANCE NO. 7926-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.G, "INDOOR RECREATION/ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.M, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", BY ENACTING A NEW SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT", AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-802.J, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", "TABLE 2-1304", TO ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-1304.E, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE OVERNIGHT ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", TO DELETE SUBSECTION 2-1403.C, "OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING SECTION 2-1404, "FLEXIBLE DEVELOPMENT", "TABLE 2-1404", TO MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGHT ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; Ordinance No. 7926-08 PROVIDING FOR SEVERABILITY; 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, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, have adopted, by amending the "Rules Concerning the Administration of the Countywide Future Land Use Plan," alternative density and intensity standards for overnight accommodations via Pinellas County Ordinance No. 07-50, and WHEREAS, tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Maximum Maximum Floor Area Ratio/Im ervious Sur ace Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodation Units per Acre of Accommodations Accommodations Uses Per Acre Land Base (Alternative) Base Alternative Commercial Neighborhood 10 dwelling units per acre N/A N/A FAR.40/ISR .80 N/A N/A Commercial Limited 18 dwelling FAR.45/ISR .85 FAR 1.0/ISR .85 FAR.45/ISR .85 30 units pe 45 units per acre aeFe Commercial General 24 dwelling FAR.55/ISR .90 FAR 1.2/ISR.90 FAR.55ASR 40 units HeF 60 units per acre .930 ac-Fe Residential/Office/Retail 18 dwelling FAR.40/ISR .85 FAR 1.0/ISR .85 FAR.40/ISR .85 30 units peF 45 units per acre acme -2- Ordinance No. 7926-08 Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR.95 FAR 1.0/ISR .95 50 anitspeF Less than units per acre acre one acre: 75 FAR 3.0/ISR.95 Between one acre and three acres: 100 FAR 4.0/ISR.95 Greater than three acres: 125 Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.G, "Indoor recreation/entertainment", of the Community Development Code, be, and the same is hereby amended to read as follows: G. Indoor recreation/entertainment. 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes.-; and 2. Lot area and/or lot width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C')", Section 2-703.M, "Overnight accommodations", of the Community Development, be, and the same is hereby amended to read as follows: M. Overnight accommodations. 1. Lot area and/or width: The reduction shall ' not result in a building which is out of scale with existing buildings in the immediate vicinity-4# 2. beGation- The parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height: a. The increased height shall results in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landsGapin- °„^° s of the and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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. Side and rear setback: a Thp r°rl, infirm in side nr r°.?r °th?nL n°c .??t r°v°r+t a?n°cc to the FeaF °f>a nee c....,........ ... ......? ... ..,.,.. deeS N.v.v..a .,,vvvvv to the ?vur-vr-'rrp buildinn by °m°nv°nnv v°hinl°c• , b. Tier eduotien in side 9 FeaF s tbaGk results in an impre4ed- it plan, McFe -3- Ordinance No. 7926-08 G. The-redust+en in side eF FeaF,-;t.?? 6 „et Fedure the aFnGURt of I°^dGaped 'r°' etheF wise r°nu fired a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 6. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 7. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239. FS, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording: and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. Section 4. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: K. Overnight accommodations. 1. Lot area and/or width: The reduction shall ' not result in a building which is out of scale with existing buildings in the immediate vicinity of the 2. to a FnajeF arterial street The parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height. a. The increased height shall results in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, IaRdSGapin- °XGess "f the and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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 -4- Ordinance No. 7926-08 0 development unless such signage is a part of an approved comprehensive sign program; 5. Side and rear setback., a. The redaetien Fri -side aRd Fea s tb,aGk de°eG RGt PFe eRt aGo°e6s to the Fe aaF ^r of aRy b. he-r edaotiG i OR sideza'nd rear eth;;rk rej?;--lts-??--AR site pla .e R;GFe a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. iR an 6. Front setback: The-redaetien in frent-setback results improved site plan 0 a. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and b. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 8. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time WIMP! b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. Section 5. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C" )", Section 2-704, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Indoor recreation/entertainment", and re- lettering the subsequent subsections as appropriate: D. Indoor recreation/entertainment. 1. Lot area and/or lot width: The reduction shall not result in a buildinq that is out of scale with existing buildings in the immediate vicinity; -5- Ordinance No. 7926-08 9 • 2. Height: The increased height shall result in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities; 3. Front setback: The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; 4. Side and rear setbacks: a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance, and 5. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand--generating purposes. Section 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-801.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an area within the boundaries of and governed by a special area plan approved by the City s+e1} Council and the Countywide Planning Authority, maximum development potential shall be as set forth for each classification of use and location in the approved plan. Development potential for the Countywide Future Land Use Designations that apply to the T District are as follows: Countywide Future Land Maximum Maximum Floor Area Ratio /Im ervi ous Surface Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodations Units per Acre of Accommodations Accommodations Uses Per Acre Land Base (Alternative) Base Alternative Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR .95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 75 FAR 3.0/ISR.95 Between one acre and three acres: 100 FAR 4.0/ISR .95 reater tha three acres: 125 -6- Ordinance No. 7926-08 * Or as set forth in Beach by Desijzn: A Preliminary Desijzn for Clearwater Beach and Design Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802.J, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: J. Overnight accommodations. 1. +^ a mninr arterial street With the exception of those properties located on Clearwater Beach, .the parcel proposed for development shall front on but shall not involve direct access to a major arterial street unless no other means of access would be possible; 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. Front setback., a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be accommodated for in other areas through a Comprehensive Landscape Plan. 45. Sethasks Side and rear setbacks: l+fe; f?. The-red6Ietien in front ;Pt-haGk Fesults i an-i rr^veasite plan ^r impmyell G. The redrrn+inn in side aRd rear setbacks uv^vv ^^i nreyien+ s +n the reaF of any buffildiRg by eFneFgeRGY r d. The-re-d ?^+nv rn r in in 6iQ rde and rear se+haGk6 results in vrr n impmyed arc i+e nlaR, mere cQ Q v r in r-?O I ?.r-Ql and r v+a r v cc vc? vrcv r rr- --n-rrprv-ccQ-- r o The rvedavcrv c r--ien in bide aRdF ear setbacks does net-redUse the am^r Rt n r landsGaped area other-wise rear rireJ a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. W. The design of all buildings shall comply sempl+es with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; . -7- Ordinance No. 7926-08 67. Lot width: The reduced FedUGt;GR fn lot width shall will, not result in a building which is out of scale with existing buildings in the immediate vicinity; and develepmepA-. 8. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 9. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Communitv Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Overnight accommodations. 1. ?z.,,-anim-?, ?? to aR aFteFial 6tFeet With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a mai6r arterial street unless no other means of access would be possible; 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. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life; b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated forin other areas through a Comprehensive Landscape Plan. 45. Sethasks Side and rear setbacks: a. The reduction in frenrsctvc'rrvk nnntrh, -tP to a mnre active and dyRa Mm nGS#984 b. The redaetiea-i -front-se Eck results in an ? TOved- site pla design and appearaneeL, -8- Ordinance No. 7926-08 • 0 G+ The reds GtiE)R in side as Rd FeaF setbuack deeS RE)t pFeveRt-naves to the roar of aRY builds-Rg by emeFgennY yehinles; r a. The FedUGt;GR iR side -aRd-rpa;gezbas?kr-results in an iFnPreved-site pl-?FnGFe a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel; b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance; and c. The reduced setback will not result in a loss of. landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 66. The design of all, buildings shall comply eeMplies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of AFtiGle . 67. Lot area and/or width: The reduction shall ' not result in a building which is out of scale with existing buildings in the immediate vicinity of the 8. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 9. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time; b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239, F.S, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. Section 9. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT') may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: I Countywide Maximum Maximum Floor Area Ratio/Impervious Surface Ratio I Maximum Overnight -9- Ordinance No. 7926-08 EA r: Future Land Dwelling Units Overnight Overnight Non-Residential Accommodation Units per Use Designation per Acre of Accommodations Accommodations Uses Acre Land Base (Alternative) Base Alternative Industrial Limited N/A FAR.65/ISR .85 FAR 1.5/ISR.85 FAR.65/ISR .85. 50 [subject to 75 rsubject to master development master development plan requirements in plan requirements in Section 2.3.3.6.1 of the Countywide Section 2.3.3.6.1 of the Countywide Plan Rulesl Plan Rulesl Industrial General N/A N/A N/A FAR.75/ISR .95 N/A N/A Section 10. That Article 2, "Zoning District", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1304, "Table 2-1304", of the Community Development Code, be and the same is hereby amended to read as follows: Table 2-1304. "IRT" District Flexible Development Standards Min. Lot Min. Lot Min. Setbacks ?.) Uses Area ) Width t * Max. Height ((t.) Min. Off-Street Parking (s9 ft) . Front Side SrdefRear Adult Uses (1) 10,000 100 20 15 15 30 511,000 SF GFA Determined by the Comprehensive Infill community development Redevelopment n/a n/a n/a n/a n/a n/a director based on the Project specific use and/or ITE Manual standards Nightclubs (2) 10,000 100 20 15 15 30 1511,000 SF GFA Offices 10,000 100 20 15 15 30 3/1,000 SF GFA Overnight Accommodations (3) 40,000 200 20 15 15 50 1/UNIT Salvage Yards 40,000 200 20 15 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 15 30 1 per 20--25 units plus 2 for manager's office Social/Public Service Agencies (4) 10,000 1 100 20 15 15 30 3/1,000 SF GFA Telecommunication 10 ,000 50 25a 10 1 9/20 Refer to Section n/a -1 Towers 3-2001 * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. pereent efa project aFea in the industrial General land use plan map rzatege . (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category(4) Social/public service agencies shall not exceed five acres. -10- Ordinance No. 7926-08 0 • Section 11. That Article 2, "Zoning Districts Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1304.E, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: E. Overnight accommodations. 1. The parcel proposed for development is not contiguous to a parcel of land with a residential designation which is desigRated a° residential in the Zoning Atlas; 7• The narnel nrn nn°ed far r!e"e'name nt abuts aR arterial street- 1 r arterial street ' 2. The parcel proposed for development shall front on but shall not involve direct access to a major arterial street; 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. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted; and 5. A Development Agreement must be approved by the City Council pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement shall: a. Comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: b. Be recorded with the Clerk of the Circuit Court pursuant to Section 163.3239. FS, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within fourteen (14) days after recording; and c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the Official Records of Pinellas County prior to the issuance of any building permit for the overnight accommodations use. Section 12. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Table 2-1403", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Height Min. Off-Street Use Size (sq. ft) Width (ft) Min. Setbacks (ft.) (ft.) Parking Front Side Rear Governmental Use N/A N/A N/A N/A N/A N/A N/A 2_5--5 per 10,000 SF land Outdoor 2.5 acres 200 25 20 25 30 area or as Recreation/Entertainment determined by the community development -11- Ordinance No. 7926-08 • • coordinator based on ITE Manual standards IAA tda W 2-0 23 30 see Standards Parking Garages and Lots 20,000 100 25 10 20 50 N/A Public Transportation Facilities N/A N/A N/A N/A N/A 10 N/A Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility/Infrastructure Facilities N/A N/A 25 10 20 N/A N/A Section 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection C, "Overnight accommodations", and re-lettering the subsequent subsections as appropriate: 1- The use is aseesser to Fivate slab s : y p - i ; t peF gGlf r rr 2. No FnaFe than one un se help or one Unit no l nno nor r fide marina slips r p ee , r The use is limited to use b nembe 3 r-s of the nlr rh nr theiF ue6t . y g S Section 14. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1404, "Table 2-1404", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1404. "OSR" District Flexible Standard Development Standards Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (/1.) (ft.) Parking Front Side Rear Determined by the community development Comprehensive Infill coordinator Redevelopment Project N/A N/A N/A N/A N/A N/A based on the specific use and/or ITE Manual standards . Section 15. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** -12- Ordinance No. 7926-08 • • Overnight Accommodation Unit means an individual room, rooms or suite within an overnight accommodations use designed to be occupied, occupied, or held out to be occupied as a single unit for temporary occupancy. ********** Overnight Accommodations means aRY use that pfeyides tFaflBi•eW nedatieas to the publis, a-membeFshi u^ eF FnembeFG of aR aGSGGiatien r ....-........., ..-.... ......... ...-. .- .. . ........... .... ............, ---v.. - .- -..v . -- r.,...+..- -- . 11 -Z11 - to the pFimaFy use a facility containing one or more overnight accommodation units, the occupancy of which occurs, or is offered or advertised as being available, for a term of less than 31 days or one calendar month, whichever is less. In determining whether a property is used as an overnight accommodation use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect interest in the property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration. ********** Section 16. Amendments to the Community 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 17. 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 18. 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 19. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 20. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie Dougall-Sides Attest: Cynthia E. Goudeau -13- Ordinance No. 7926-08 • 0 Assistant City Attorney City Clerk -14- Ordinance No. 7926-08 • f ORDINANCE NO. 7926-08 RDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING 0 ENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR O OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.G, "INDOOR RECREATION/ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.M, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", BY ENACTING A NEW SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT", AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-802.J, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", "TABLE 2-1304", TO ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-1304.E, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE OVERNIGHT ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", TO DELETE SUBSECTION 2-1403.C, "OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING SECTION 2-1404, "FLEXIBLE DEVELOPMENT", "TABLE 2-1404", TO MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT Oy ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGH?, Ordinance No. 7926-08 i r ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the Board of County Commissioners of Pinellas County, Florida, have adopted, by amending the "Rules Concerning the Administration of the Countywide Future Land Use Plan," alternative density and intensity standards for overnight accommodations via Pinellas County Ordinance No. 07-50, and WHEREAS, tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre o Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential High 30 dwelling units per acre FAR.60/ISR .85 Resort Facilities Hi h 30 dwelling units er acre FAR I.0/ISR.95 Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future T -2- OBS-t"Ll .. 4 Ordinance No. 7926-08 Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Maximum Maximum Floor Area Ratio/Im ervious Surface Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodation Units per Acre of Accommodations Accommodations Uses Per Acre Land Base (Alternatives Base Alternative Commercial Neighborhood 10 dwelling units per acre N/A N/A FAR.40/ISR .80 N/A N/A .Commercial Limited 18 dwelling FAR.45/ISR .85 FAR 1.0/ISR .85 FAR.45/ISR .85 30 45 units per acre Commercial General 24 dwelling FAR.55/ISR .90 FAR 1.2/ISR.90 FAR.55ASR 40 60 units per acre .930 Residential/Office/Retail 18 dwelling FAR.40/ISR .85 FAR 1.0/ISR .85 FAR.40/ISR .85 30 45 units per acre Resort Facilities High 30 dwelling FA .2/ R .95 FAR 2.0/ISR.95 F .2/I R.95 50 Less than units per acre one acre: 75 FAR 3.0/ISR .95 N/A N/A Between ' one acre \.? and three acres: 100 FAR 4.0/ISR.95 N/A A Greater than three acres: 125 Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.G, "Indoor recreation/entertainment", of the Community Development Code, be, and the same is hereby amended to read as follows: G. Indoor recreation/entertainment. 1. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. and 2. Lot area and/or lot width: The reduction shall not result in a buildinq which is out of scale with existing buildings in the immediate vicinity. Section 4. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-703.M, "Overnight accommodations", of the Community Development, be, and the same is hereby amended to read as follows: M. Overnight accommodations. 1. Lot area and/or width: The reduction shall ' not result in a building which is out of scale with existing buildings in the immediate vicinity-ef 4he paFGe! proposed f9F development; 2. Leeat The parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height: -3- 0" FETE Ordinance No. 7926-08 a. The increased height shall results in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, IaRdSGapi.,n prone i„ eXGess of the and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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. Side and rear setback: a. The FeduGtien in side or reaF setbaGk does not prevent aGGess to the reaF of any building by ernergenGy vehiGles; b. The-Fed}stieft in side -eF-reaF setbassrFesults on an imppmyed site plan-err area nfhoniico renircrJ a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel: b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 6. A Development Agreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement must also comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: and 7. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. Section 5. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: K. Overnight accommodations. 1. Lot area and/or width: The reduction shall in lot aFea and width not result in a building which is out of scale with existing buildings in the immediate vicinity of the parGel prepesed for development; 2. to a FnajOF aFteFial street The parcel proposed for development fronts on but will not involve direct access to a major arterial street unless no other means of access would be possible; 3. Height: -4- Ordinance No. 7926-08 0 0 a. The increased height shall results in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities, landSGapin °XGess of th° and b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 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. Side and rear setback: The FedUGthGna in side and Feaf-.SetbaGk does nOt PFeyc°:nt aGGess to the FeaFl-of any building by eFneFgenGy vehiGles; b-The-Fedusti*en.-.,side -and Fears in an impFeved-site . Ians mere a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel: b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. in aR 6. Front setback: The FedUGt*GR in tent setbarsk Fesa litsr ffeved site plan 0 a. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and b. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 7. A Development Agreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement must also comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: and 80 The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. Section 6. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-704, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Indoor recreation/entertainment", and re- lettering the subsequent subsections as appropriate: D. Indoor recreation/entertainment. - 5 Ordinance No. 7926-08 i • 1. Lot area and/or lot width: The reduction shall not result in a building that is out of scale with existing buildings in the immediate vicinity: 2. Height: The increased height shall result in an improved site plan through landscape areas in excess of the minimum required dimensions, and landscape materials in excess of the minimum required quantities: 3. Front setback: The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area and/or improved building design and appearance: 4. Side and rear setbacks: a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel: b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and 5. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-801.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-801.1. Maximum development potential. The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the T District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. For those parcels within the T District that have an are &ir ndaries of and governed by a special area plan approved by the City the Countywide Planning Authority, maximum development potential shall b r each classification of use and location in the approved plan. Development potCountywide Future Land Use Desig nations that apply to the T District are as follows: Countywide Future Land Maximum Maximum Floor Area Ratio / Im ervi ous Surface Ratio Maximum Overnight Use Designation Dwelling Units Overnight Overnight Non-Residential Accommodations Units per Acre of Accommodations Accommodations Uses Per Acre Land Base Alternative Base Alternative Resort Facilities High 30 dwelling FAR 1.0/ISR .95 FAR 2.0/ISR.95 FAR 1.0/ISR .95 50 Less than units per acre one acre: 75 N/A FAR 3.0/ISR.95 N/A N/A Between one acre Y and three acres: 100 -6- Ordinance No. 7926-08 0 ? 0 N/A FAR 4.0/ISR.95 N/A /A reater than 1 three acres: 125 * Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Desi,2n Guidelines, the special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended. Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802.J, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: J. Overnight accommodations. 1. to a ma1GF arterial Street-With the exception of those properties located on Clearwater Beach, the parcel proposed for development shall front on but shall not involve direct access to a major arterial street unless no other means of access would be possible; 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. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life: b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be accommodated for in other areas through a Comprehensive Landscape Plan. 45. SethaGk? Side and rear setbacks: Ii f e-,* b. The-Fedesfien in free -setback results? ar1?m,T ved sate plan irApFeverl design and appeaFanGeT 6. Thee ?n+ien in side aRd Fear svtvaAaGks doer, not prevent ?aGGess to the mar of MVa. V., ... V V,?V any b, ildling by emernency vehicles, d T ed In+ien in side and rear se+baGks Yeesults in impmyedl site plan mere he-FedUGt+en--inside -and TeaF setbacks does nOt -FedUGethe m ,n+ „f a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel: b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in' other areas through a Comprehensive Landscape Plan. -7- ? ?3 Ordinance No. 7926-08 6 6 66. The design of all buildings shall comply eemplies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 6 of AFtide . 67. Lot width: The reduced Mien-ire lot width shall YA not result in a building which is out of scale with existing buildings in the immediate vicinity; and deuelopmenA-. 8. A Development Agreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement must also comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: and 9. The parcel proposed for development shall, if located within the Coastal Storm Area have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Overnight accommodations. 1. to an ante;., street With the exception of those properties located on Clearwater Beach the parcel proposed for development shall front on but shall not involve direct access to a major arterial street unless no other means of access would be possible; 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. Front setback: a. The reduced setback shall contribute to a more active and dynamic street life: b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-street parking area and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 45. masks Side and rear setbacks: tip design and appeaFanGe:,. building by eFneFgenE;y vehirsles? -8- Ordinance No. 7926-08 0 0 a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or personnel: b. The reduced setback results in an improved site plan through the provision of a more efficient off-street parking area, and/or improved building design and appearance: and c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by the setback reduction will be compensated for in other areas through a Comprehensive Landscape Plan. 66. The design of all buildings shall comply GOMplies with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; Division 5 of AFtiGle . 67. Lot area and/or width: The reduction shall ' not result in a building which is out of scale with existing buildings in the immediate vicinity of the 8. A Development Agreement must be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement must also comply with all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: and 9. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. Section 10. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1301.1. Maximum development potential. The Industrial, Research and Technology District ("IRT") may be located in more than one land use category. It is the intent of the IRT District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the IRT District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Countywide Maximum Maximum Floor Area Ratio/Impervious Surface Ratio Maximum Overnight Future Land Dwelling Units Overni ht O i ht N R id ti l Accommodation Units Use Designation per Acre of g Accommodations vern g Accommodations on- es en a Uses Acre Land Base (Alternatives Base Alternative Industrial Limited N/A FAR.65/ISR .85 FAR 1.5/ISR.85 FAR.65/ISR .85 50 [subject to 75 [subject to master development master development plan requirements in >1 tan requirements in Section 2.3.3.6.1 of the Countywide Section 2.3.3.6.1 of the Coun , wide Plan Rules] Plan Rules] Industrial General N/A N/A N/A FAR.75/ISR .95 N/A N/A -9- Ordinance No. 7926-08 Section 11. That Article 2, "Zoning District", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1304, "Table 2-1304", of the Community Development Code, be and the same is hereby amended to read as follows: Table 2-1304. "IRT" District Flexible Development Standards Min. Lot Min. Lot Min. Setbacks (ft.) Uses Area Width (ft) * Max. Height (ft.) Min. Off-Street Parking (s9• f) Front Side SidelRear Adult Uses (1) 10,000 100 20 15 15 30 5/1,000 SF GFA Determined by the Comprehensive Infill community development Redevelopment n/a n/a n/a n/a n/a n/a director based on the Project specific use and/or ITE Manual standards Nightclubs (2) 10,000 100 20 15 15 30 1511,000 SF GFA Offices 10,000 100 20 15 15 30 3/1,000 SF GFA Overnight Accommodations (3) 40,000 200 20 15 15 50 1/UNIT Salvage Yards 40,000 200 20 15 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 15 30 1 per 20--25 units plus 2 for manager's office S n) Service Agencies cies (4 (4) 10,000 100 20 15 15 30 3/1,000 SF GFA Telecommunication 10 000 50 25a 10 4-/20 Refer to Section n/a Towers , 3-2001 * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category-ate pereent Of a PFOjeet afea in the industrial General land use plan map eateger-y. (4) Social/public service agencies shall not exceed five acres. Section 12. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT")", Section 2-1304.E, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: E. Overnight accommodations. 1. The parcel proposed for development is not contiguous to a parcel of land with a residential designation whiGh is designated as Fesidential in the Zoning Atlas; _. r-.. _? The pa Feel pFepesed fer development abuts an aFte '"l tree+• . ?vvvv.w .v? development wrr , 3. TRe-use-efthe paFGel proposed f0F develepment will n9t *R.,el.,e di.eGt aGGess to "herial StFee+ -10- Ordinance No. 7926-08 0 6 2. The parcel proposed for development shall front on but shall not involve direct access to a maior arterial street: 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. In addition to the requirements regarding the approval of a Master Development Plan for the overnight accommodations use, a Development Agreement must also be prepared and approved pursuant to Florida Statutes 163.3221 - 163.3243 and Community Development Code Section 4-606 if the development proposal exceeds the base density and/or base F.A.R. established for the underlying Future Land Use designation. The Development Agreement must also comply with, all applicable requirements of the "Rules Concerning the Administration of the Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended from time to time: and 5. The parcel proposed for development shall, if located within the Coastal Storm Area have a hurricane evacuation plan requiring the use close when a hurricane watch is posted. Section 13. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Table 2-1403", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Height Min. Off-Street Use Size (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft) Parking Front Side Rear Governmental Use N/A N/A N/A N/A N/A N/A N/A :825 2.5-5 per 10,000 SF land area or as determined by Outdoor 2.5 acres 200 25 20 25 30 the community Recreation/Entertainment development coordinator based on ITE Manual standards ..:.t Accommodation Nhk M/^ fb(a W ?(? z ^` Y7 '}(? 30 sew Parking Garages and Lots 20,000 100 25 10 20 50 N/A Public Transportation Facilities N/A N/A N/A N/A N/A 10 N/A Restaurants 40,000 200 25 20 25 30 10 per 1,000 SF GFA Retail Sales and Service 40,000 200 25 20 25 30 4 per 1,000 SF GFA Utility/Infrastructure Facilities N/A N/A 25 10 20 N/A N/A Section 14. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1403, "Flexible standard development", of the Community -11- Ordinance No. 7926-08 0 6 Development Code, be, and the same is hereby amended to delete subsection C, "Overnight accommodations", and re-lettering the subsequent subsections as appropriate: 2 No MGFe than one unit eF Olf GGur se h l it t i li . g p - o e or eRe un pe i i i l i F wo maF na s ps, one peF i tenn s GGUFt OF fOUF per s ) , but n no Gase MO 3 The use is lwm*ted to use b membeFs of th l b th * Fe than 18 un ts on a single, t . y e G u oF e F gues s; Section 15. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1404, "Table 2-1404", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1404. "OSR" District Flexible Standad4 Development Standards Min. Lot Size Min. Lot Max. Height Min. Off-Street Use (sq. ft.) Width (ft.) Min. Setbacks (ft.) (ft.) Parking Front Side Rear Determined by the community development Comprehensive Infill coordinator Redevelopment Project N/A N/A N/A N/A N/A N/A based on the specific use and/or ITE Manual standards Section 16. That Article 8, "Definitions and Rules of Construction", Section 8-102, "Definitions", of the Community Development Code, be, and the same is hereby amended to read as follows: ********** Overnight Accommodation Unit means an individual room rooms or suite within a overnight accommodations use designed to be occupied occupied or held out to be occupied as a single unit for temporary occupancy. ********** Overnight Accommodations means to the pFmr,:naFy use a facility containing one or more overnight accommodation units the occupancy of which occurs, or is offered or advertised as being available for a term of less than 31 days or one calendar month whichever is less In determining whether a property is used as a overnight accommodation use, such determination shall be made without regard to the form of ownership of the property or unit, or whether the occupant has a direct or indirect interest in the -12- Ordinance No. 7926-08 0 6 Property or unit; and without regard to whether the right of occupancy arises from a rental agreement, other agreement, or the payment of consideration. ********** Section 17. Amendments to the Community 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 18. 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 19. 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 20. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 21. 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 -13- Ordinance No. 7926-08 Work Session Council Chambers - City Hall Meeting Date:4/14/2008 40. SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and Pass Ordinance 7926-08 on first reading. SUMMARY: The Planning Department is recommending several amendments to the Community Development Code (CDC) that are associated with a companion amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future. Land Use Plan (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. Consistency with the Comprehensive Plan. Amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the alternative density and intensity standards for overnight accommodations proposed in Ordinance 7924-08. Overnight Accommodation Flexibility Criteria. Revises flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. Definitions for Overnight Accommodations and Overnight Accommodation Unit. Establishes a definition for the term "overnight accommodation unit" and a revised definition for the term "overnight accommodation," so as to be consistent with those definitions set forth in the Countywide Plan Rules. Indoor Recreation/Entertainment. Adds flexibility criteria for lot area, lot width, setbacks, height and off-street parking for the use in the Commercial (C) District where none previously existed, but deviations were permissible. Open Space/Recreation (OS/R) District. Removes the overnight accommodations use from the OSR District due to incompatibilities with the District and corrects an inconsistency with the Countywide Plan Rules. The staff report provided and Ordinance 7926-08 contain further analysis and information on the proposed amendments. The Community Development Board (CDB) reviewed and approved the proposed text amendments at its public hearing of March 18, 2008. It is noted that at the Council meeting of March 20, 2008, the proposed text amendments were continued to the meeting of April 17, 2008, in conjunction with associated amendments to the Comprehensive Plan (CPA2008-01001) and the amendments to Beach by Design so that staff could work with the Pinellas Planning Council to address their concerns. Cover Memo Review Approval: 1) Legal 2) Clerk 3) Assistant City Manager 4) Clerk 5) City Manager 6) Clerk Item # 18 SEAL Woossion Item #: Clearwater City Council ?, = o Agenda Cover Memorandum Final Agenda Item # 9'?lyATMeeting Date: 03-20-07 SUBJECT/RECOMMENDATION: APPROVE amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes, and PASS Ordinance No. 7926-08 on first reading. (TA2008-01001) ? and that the appropriate officials be authorized to execute same. SUMMARY: The Planning Department is recommending several amendments to the Community Development Code (CDC) that are associated with a companion amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the Rules Concerning the Administration of the Countywide Future Land Use Plan (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. ? Consistency with the Comprehensive Plan. Adds the Resort Facilities High.(RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with the High Density Residential (HDR) and Commercial (C) Districts consistent with the Clearwater Comprehensive Plan. Also amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the alternative density and intensity standards for overnight accommodations proposed in Ordinance No. 7924-08. ? Overnight Accommodation Flexibility Criteria. Revises flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. ? Definitions for Overnight Accommodations and Overnight Accommodation Unit. Establishes a definition for the term "overnight accommodation unit" and a revised definition for the term "overnight accommodation, " so as to be consistent with those definitions set forth in the Countywide Plan Rules. ? Indoor Recreation/Entertainment. Adds flexibility criteria for lot area, lot width, setbacks, height and off-street parking for the use in the Commercial (C) District where none previously existed, but deviations were permissible. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Gina L. Clayton) Budget NIA Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY Cl Risk Mgmt NIA Other Attachments: Resolution OP STAFF REPORTS Other Submitted by: Appropriation Code: City Manager ? None • • ? Open Space/Recreation (OS/R) District. Removes the overnight accommodations use from the OSR District due to incompatibilities with the District and corrects an inconsistency with the Countywide Plan Rules. Attached is a copy of the staff report and Ordinance No. 7926-08, which contains further analysis and information on the proposed amendments. The Community Development Board (CDB) will review the proposed text amendments at its pubic hearing of March 18, 2008. The recommendation of the CDB as well as any comments of the Board will be presented to the Council at the meeting. S. (Planning DepartmenilCommunity Development Code12008 Code Amendments)TA2008-010011Ordinance No 7926-082008 03-20 CC Cover Memo.doc CDB Meeting Date: March 18, 2008 Case Number: TA2008-01001 Ordinance No.: 7926-08 Agenda Item: H. 3. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code to adopt alternative densities and intensities for overnight accommodations, to improve the criteria by which overnight accommodations are permitted, to adopt criteria for indoor recreation/entertainment uses where none previously existed, to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and to make other minor editorial changes. INITIATED BY: City of Clearwater Planning Department BACKGROUND: The proposed amendments to the Community Development Code (CDC) are associated with an amendment being proposed to the Clearwater Comprehensive Plan that would adopt alternative density and intensity standards for overnight accommodations consistent with the "Rules Concerning the Administration of the Countywide Future Land Use Plan" (AKA Countywide Plan Rules). As such, several of the proposed amendments are being brought about to ensure consistency between the CDC and the Clearwater Comprehensive Plan. In addition, however, are a few amendments that are editorial in nature or are refinements to existing CDC sections. ANALYSIS: The following is a summary of the proposed amendments organized by CDC Article. The proposed Ordinance No. 7926-08 is also attached and includes each of the amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing str-ilorthfeughs indicate deletions. Article 2. Zonine Districts ? Consistency with the Clearwater Comprehensive Plan (Pages 2, 3, 6, 7 and 9 of Ordinance) This ordinance adds the Resort Facilities High (RFH) Future Land Use category to the list of Countywide Future Land Use Plan Designations compatible with the High Density Residential (HDR) and Commercial (C) Districts. The Clearwater Comprehensive Plan already identifies these compatibilities. This ordinance also amends the maximum development potential tables associated with the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts so that they are compatible with the adopted alternative density and intensity standards for overnight accommodations (proposed with Ordinance No. 7924-08). The C District would allow an alternative density of 45 units per acre (compared to a base of 30) where there is an underlying Future Land Use Plan designation of either Commercial Limited (CL) or Residential/Office/Retail (R/O/R); and of 60 units per acre (compared to a base of 40) where Commercial General (CG) FLUP designations exist. The Community Development Board - March 18, 2008 TA2008-01001 - Page 1 C District, as well as the T District, would also allow, as an alternative to the base density of 50 units per acre, between 75 and 125 units per acre (depending upon property size) where it coincides with a FLUP designation of Resort Facilities High (RFH). With regard to the IRT District, an alternative density of 75 units per acre (compared to a base of 50) would be possible, but would still be subject to the master development plan requirements of the Countywide Plan Rules. ? Indoor Recreation/Entertainment (Pages 3, 5 and 6 of Ordinance) This ordinance adds a flexibility criterion addressing lot area and/or width to the Flexible Standard Development (FLS) indoor recreation/entertainment use within the Commercial (C) District as none presently exists for the permissible lot area and lot width deviations. This ordinance also adds flexibility criteria addressing lot area and/or width, height, setbacks and parking to the Flexible Development (FLD) indoor recreation/entertainment use within the Commercial (C) District as no criteria presently exist for this use. ? Overnight Accommodation Flexibility Criteria (Pages 3, 4, 5, 7, 8, 9, 10, and 11 of Ordinance) This ordinance adopts revised and consistent flexibility criteria for the overnight accommodation use in the Commercial (C), Tourist (T) and Industrial, Research and Technology (IRT) Districts. For the most part, the revisions only restate criteria for clarity or to improve upon the original intent; however two new criteria are being added. One criterion requires that if a development proposes to make use of adopted alternative density/intensity standards, then they would need to enter into a development agreement with the City. The other.criterion requires that overnight accommodations located within a Coastal Storm Area would need to have a hurricane evacuation plan. ? Open Space/Recreation District (Pages 11 and 12 of Ordinance) This ordinance removes the Flexible Standard Development (FLS) overnight accommodation use from the Open Space/Recreation (OSR) District. This use is being removed for a couple of reasons. First, the Future Land Use category that is compatible with the OSR District does not allow overnight accommodation density. Second, the use is only to be as an accessory use to private clubs; however private clubs are not permitted in the OSR District. As such, the overnight accommodation use needs to be removed. There is also a minor correction being done with this ordinance to Table 2-1404 of the Open Space/Recreation (OSR) District to remove the erroneous word "Standard" from the title. Article 8. Definitions and Rules of Construction ? Overnight Accommodations & Overnight Accommodation Unit (Pages 12 and 13 of Ordinance) This ordinance adopts a definition for the term "overnight accommodation unit" and a revised definition for the term "overnight accommodation". The adoption of these definitions is so that the City is consistent with those definitions set forth in the Countywide Plan Rules. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: Community Development Board - March 18, 2008 TA2008-01001 - Page 2 The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. Below is a selected list of goals, objectives and policies from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code: Goal2 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 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 below. Policies 3.2.1 Land Uses on the Comprehensive Land Use Plan Map shall generally be interpreted as indicated in the following table. The intensity standards listed in the table (FAR - floor area ratio; ISR - impervious surface ratio) are the maximum allowed for each plan category, except where otherwise permitted by special area plans or redevelopment plans approved by the City Commission. Consequently, individual zoning districts, as established by the City's Community Development Code, may have more stringent intensity standards than those listed in the table but will not exceed the maximum allowable intensity of the plan category, unless otherwise permitted by approved special area plans or redevelopment plans. In addition to the above, the following objective and policies are proposed with the companion Ordinance No. 7924-08, which amends the Clearwater Comprehensive Plan. These would also be furthered by the proposed amendments to the Community Development Code. Objective 2.6 Tourism is a substantial element of the City's economic base and as such the City shall continue to support the maintenance and enhancement of this important economic sector. Policy 2.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. Policy 2.6.2 The City supports the adoption of higher density/intensity standards for overnight accommodation uses such that a sufficient supply shall be available within the City provided that concurrency standards are met. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in CDC Section 1-103: ? Allowing property owners to enhance the value of their property through innovative and creative redevelopment (CDC Section 1-103. B. 1). ? Strengthening the City's economy and increasing its tax base as a whole (CDC Section 1- 103.B.3). Community Development Board - March 18, 2008 TA2008-01001 - Page 3 • s ? 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 (CDC Section 1-103.E.2). ? Establish permitted uses corresponding with the purpose and character of the respective zoning districts and limit uses within each district to those uses specifically authorized (CDC Section I- 103.E.9). SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. The amendments further those development goals established in the Code, and existing Community Development Code provisions are amended to better reflect City development patterns and improve internal processes. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 7926-08 that amends the Community Development Code. Prepared by Planning Department Staff: 11 Robert G. Tefft, Planner III ATTACHMENT: ? Ordinance No. 7926-08 S: (Planning Departmen6Comnnmity Development Code 12008 Code Amendments7A2008-01001 Vrdinance No 7926-08 CDB Staff Report 2008 03-18. doc Community Development Board - March 18, 2008 TA2008-01001 - Page 4 NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY . DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7949-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE PLAN AND THE COUNTYWIDE FUTURE LAND USE PLAN BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", REGARDING THE HIGH DENSITY RESIDENTIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO FOR SAID DESIGNATION; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL" REGARDING THE COMMERCIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO, AND OVERNIGHT ACCOMMODATIONS UNITS PER ACRE FOR SAID DESIGNATION; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (INSERT MAP HERE) Schedule of Public Hearings: Thursday, April 17, 2008 before the City Council (1s Reading), at 6:00 p.m. Thursday, May 1, 2008 before the City Council (2"d Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA2008-03002 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 http://clearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ads: 04/02/08 & 04/16/08 tl . a .i Coalition of Clearwater Homeowners PO Box 8204 Clearwater, FL 33758 TA2 8-03002 I* oard of County Commissioners 35 Court Street 5th Fl Clearwater, FL 33756 f • NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 7926-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO ADOPT ALTERNATIVE DENSITIES AND INTENSITIES FOR OVERNIGHT ACCOMMODATIONS, TO IMPROVE THE CRITERIA BY WHICH OVERNIGHT ACCOMMODATIONS ARE PERMITTED, TO ADOPT CRITERIA FOR INDOOR RECREATION/ENTERTAINMENT USES WHERE NONE PREVIOUSLY EXISTED, TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE COMPREHENSIVE PLAN, AND TO MAKE OTHER MINOR EDITORIAL CHANGES BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.G, "INDOOR RECREATION/ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2- 703, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-703.M, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE. DEVELOPMENT", SUBSECTION 2-704.K, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-704, "FLEXIBLE DEVELOPMENT", BY ENACTING A NEW SUBSECTION 2-704.D, "INDOOR RECREATION/ENTERTAINMENT", AND ESTABLISHING FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-802, "FLEXIBLE STANDARD DEVELOPMENT", SUBSECTION 2-802.J, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-803, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1301.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO MODIFY THE ACCOMPANYING TABLE; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", "TABLE 2-1304", TO ELIMINATE LANGUAGE IN FOOTNOTE (3) PERTAINING TO THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; AMENDING SECTION 2-1304, "FLEXIBLE DEVELOPMENT", SUBSECTION 2-1304.E, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE OVERNIGHT ACCOMMODATIONS USE; AMENDING SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", TO DELETE SUBSECTION 2-1403.C, "OVERNIGHT ACCOMMODATIONS", IN ITS ENTIRETY; AMENDING SECTION 2-1404, "FLEXIBLE DEVELOPMENT", "TABLE 2-1404", TO MAKE MINOR EDITORIAL CHANGES; AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITION FOR OVERNIGHT ACCOMMODATIONS, AND ADDING A DEFINITION FOR OVERNIGHT ACCOMMODATION UNIT; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Schedule of Public Hearings: Tuesday, March 18, 2008 before the Community Development Board, at 1:00 p.m. Thursday, March 20, 2008 before the City Council (1s 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. TA2008-01001 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. f • 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) 5624093. City of Clearwater Cynthia E. Goudeau, MMC P.O. Box 4748 City Clerk Clearwater, Fl 33758-4748 To learn more about presenting to Clearwater boards and City Council, go to http:Hclearwater.granicus.com/ViewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 3/6/08 ? PINELL? ` PLANNING v COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4160 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplann April 24 2008 Mr. Robert Tefft Planner III City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 r: ??U , L 41 NN , m Cb LCG3L MEMBERS -Ma>?or Bob Hackworth, Chairman bfgsl Nli? DEVE21?oI eO6 ey Billiris, Vice Chairman SERVICE Vice-Mayor Jerryl Knight, Secretary ioner John Morroni, Treasurer CITY OF CLEAROT"'Nice-Ma -r-Sandra L. Bradbury - Vice-Mayor John Doran Mayor Pat Gerard Mayor Dick Holmes Council Member Jim Kennedy School Board Member Linda S. Lerner Mayor Mary H. Maloof Mayor Jim Ronecker Mayor Andy Steingold David P. Healey, AICP Executive Director RE: Review of Amendments to the Land Development Regulations (Ordinance No. 7949-08) for Consistency with the Countywide Rules Dear Mr. Tefft: We are in receipt of your April 23rd e-mail providing the amendments referenced above as they were approved by the City Council meeting of April 17th on first reading. 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 amendments correlating the Commercial (C) and High Density Residential (HDR) zoning districts with the Resort Facilities High (RFH) plan category, resolving an inconsistency with the City's comprehensive plan, establish density and intensity standards for the two zoning districts when associated with the plan category that are consistent with the Countywide Rules. Thank you for transmitting these revisions to the comprehensive plan and code amendments for review. If you have any questions, please feel free to call me at 464- 8250. Sincerely, C P-- Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director H:WSEMCountyMcle RulesFc s',Aer"alIGpo?reentfC(DA&WATCpp8E.c1,Pqc N E L L A S C 0 M M U N I T Y U tiis?'1?LNm?/?? 99?'ATE SUBJECT/RECOMMENDATION: Clearwater City Council Agenda Cover Memorandum Wcossion Item #: Final Agenda Item # Meeting Date: 04-17-08 APPROVE amendment to the Community Development Code to further the consistency between the Community Development Code and the Clearwater Comprehensive Plan, and PASS Ordinance No. 7949-08 on first reading. (TA2008-03002) ? and that the appropriate officials be authorized to execute same. SUMMARY: The Planning Department is recommending an amendment to the Community Development Code (CDC) to ensure consistency between the CDC and the Clearwater Comprehensive Plan. The proposed amendment will add the Resort Facilities High (RFH) Future Land Use Plan category to the list of Countywide Future Land Use Plan Designations compatible with both the Commercial (C) and High Density Residential (HDR) Districts consistent with the Clearwater Comprehensive Plan. Attached is a copy of Ordinance No. 7949-08, which contains information on the proposed amendment. The Community Development Board (CDB) reviewed the proposed text amendment at its pubic hearing of March 18, 2008, as part of a larger text amendment (TA2008-01001/Ord. No. 7926-08). The CDB recommended the approval of the proposed amendment with no comments. It is noted that the sections of this ordinance are being brought forward separate from those other sections of the aforementioned ordinance upon the direction of the City Council. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total (Gina L. Clayton) Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing N/A DCM/ACM Planning Current FY CI Risk Mgmt N/A Other Attachments: Resolution OP STAFF REPORTS Other Submitted by: Appropriation Code: City Manager 0 None • 0 ORDINANCE NO. 7949-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE TO FURTHER THE CONSISTENCY BETWEEN THE COMMUNITY DEVELOPMENT CODE AND THE CITY'S COMPREHENSIVE FLAN AND THE COUNTYWIDE FUTURE LAND USE PLAN BY AMENDING SECTION 2-501.1, "MAXIMUM DEVELOPMENT POTENTIAL", REGARDING THE HIGH DENSITY RESIDENTIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO FOR SAID DESIGNATION; AMENDING SECTION 2-701.1, "MAXIMUM DEVELOPMENT POTENTIAL" REGARDING THE COMMERCIAL ZONING DISTRICT, TO MODIFY THE ACCOMPANYING TABLE TO ADD THE RESORT FACILITIES HIGH COUNTYWIDE FUTURE LAND USE DESIGNATION AND TO PROVIDE FOR MAXIMUM DWELLING UNITS PER ACRE, MAXIMUM FLOOR AREA RATIO/IMPERVIOUS SURFACE RATIO, AND OVERNIGHT ACCOMMODATIONS UNITS PER ACRE FOR SAID DESIGNATION; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; 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, it is necessary to amend the Community Development Code for consistency with the Comprehensive Plan, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, "Zoning Districts", Division 5, "High Density Residential District ("HDR")", Section 2-501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-501.1. Maximum development potential. The High Density Residential District ("HDR") may be located in more than one land use category. It is the intent of the HDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The development potential of a parcel of land within the HDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre o Land Maximum Floor Area Ratio/Impervious Surface Ratio Residential High 30 dwelling units per acre FAR.60/ISR .85 r Resort Facilities Hieh 30 dwelling units per acre FAR 1.0/ISR .95 Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", Section 2-701.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-701.1. Maximum development potential. The Commercial District ("C") may be located in more than one land use category. It is the intent of the C District that development be consistent with the Countywide Future Land Use Plan as required by State law. The development potential of a parcel of land within the C District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre o Land Maximum Floor Area Ratio IImpervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Commercial Neighborhood 10 dwelling units per acre FAR.40/ISR .80 N/A Commercial Limited 18 dwelling units per acre FAR.45/ISR .85 30 units per acre Commercial General 24 dwelling units per acre FAR.55/ISR .95 40 units per acre Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Resort Facilities Hieh 30 dwelling units er acre FAR 1.0/ISR .95 50 units er acre Section 3. Amendments to the Community 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 4. 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 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 7. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie Dougall-Sides Assistant City Attorney s Cynthia E. Goudeau City Clerk