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TA2009-010020 0 Case: TA 2009-01002 Text Amendment Ordinance No: 8043-09 Agenda Item: E2 F?NAL ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE. 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.13, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.8. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR Ordinance No. 8043-09 • • NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.6, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-160 PERMnTED tJSS . p ' -Use G '" es _ LDR LMDR MDR MHDR HDR MHP c T -`D 0 .1 - `IRT OSR P': CRNCOD lENCOD r a s 2eslderrtia, Accessory dwellings x X X X X X Attached dwellings x X X X X X X Community residential homes x X X X X X X X Detached dwellings x X X X X X X X Mobile homes x Mobile home arks x Residential infill projects X X X X X X X Nonresidential Adult uses x X i ort X Icoholic beverage sales X X X -3- Ordinance No. 8043-09 0 0 Animal grooming and or boarding X X X Assisted living facilities x X X X Automobile service stations x X Cemeteries X Comprehensive infill redevelopment project CIRP X X X X X X X Congregate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfwa houses x Hospitals x Indoor recreation/entertainment x X X X Light assembly x Manufacturing x Marinas X Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursing homes x X X X Offices x X X X X X Off-street arkin x X Open space x Outdoor recreation/entertainment x X X X X W Outdoor retail sales, display and/or fora e x X Overnight accommodations x X X X X X X X X i Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship x X X X Problematic uses x Public facility x X Publishing and printing x Public transportation facilities x X X X X X X X Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse X X Sidewalk vendors X X -4- Ordinance No. 8043-09 • • Social and community centers x X X X Socialiublic service agencies x X X X Telecommunications towers x X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, major x Vehicle service x Vehicle service limited x Vehicle service, major x Veterinary offices x X X X holesale/distribution/wa rehouse facility X Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LW}", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreaae or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate 1 dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDR")", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y including anv acreage or floor area restrictions set forth in the Rules Conceminq the Administration of the Countywide Future Land Use Plan as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Section 5. That Article 2, "Zoning Districts Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 27301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Maximum Dwelling Maximum Floor Area Countywide Future Land Units per Acre of Land Ratio/Impervious Surface Use Designation Ratio Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 0 9 Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre ojLand Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR.60/ISR .85 acre Section 7. 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 uses and 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 of the property, including any acreage or floor area restrictions set forth in the Rules Concerninq the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre ojLand Ratio/Impervious Surface Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/1SR.95 acre -7- Ordinance No. 8043-09 • 9 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR.50/ISR .75 Medium acre Section 9. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/1SR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55(ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/1SR.95 50 units per acre acre -8- Ordinance No. 8043-09 • • Section 10. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. 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 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 Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre " Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort 30 dwelling FAR 2.0/ISR .95 FAR acre and Facilities FAR LOASR.95 FAR 3.0/ISR.95 LOASR 50 three acres: High units per acre FAR 4.01ISR .95 .95 90 Greater than three acres: 110 • 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. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards tq Min. Lot Min. Lot Max. tU h Min. Setbacks Use Area Width Heig t 01.) Density Min. O?StreetParldng (s4 ft) (rt.) ?t ) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 0 Attached Dwellings 10,000 100 35-50 l? 10 to20 -- 30 units/acre nacre 2 per unit Governmental Uses (2) 10,000 100 35-50 10 0 0 1 n/a 3-4/1 000 GFA 1 20 , Indoor Recreation/Entertainment 5,000 50 35-- 100 0--! 5 0- 10 20 n/a 10 per 1,000 GFA Medical Clinic 10,000 100 30--50 t? 10 20 20 2-3/1,000 GFA Mixed Use 10,000 50-- 35--50 O--IS 0-- 10- 30 Based upon use 100 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10,000 100 35--50 10- 0-- 10- n/a 3-4 spaces per 1,000 15 10 20 GFA 2.5 spaces per 1,000 sq. R. of lot area or as Outdoor 5 000 50 35 10 10 20 n/a determined by the Recreation/Entertainment , 15 community development director based on ITE Manual standards Overnight 20,000 t00- 35--50 10-- 0-- 10- 40 2 per unit 1 } Accommodations -150 15 10 20 rooms/acre _ Parking Garages and Lots 20,000 100 50 15- 10 1 0 n/a n/a 2 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 n/a the community Facilities development coordinator based on ITE Manual standards Public Transportation Facilities t31 n/a n/a 10 n/a n/a n/a n/a n/a Restaurants 5,000- 50-- 25--35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000- 50-- 35-50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 10,000 100 15 10 20 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000- 50- 35--50 10-- 0-- 10- n/a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure (4) n/a n/a n/a 25 10 10 n/a n/a Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall' include such uses and all contiguous like uses. -10- Ordinance No. 8043-09 • • (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. wtwr?:wtsrsr.t Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist 'T' District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street til Use Area Width Height Front rl Side IU Rear (U Density Parking (sq. ft) (r) m of )t 01) ort.) ? Alcoholic Beverage Sales 5,000 50 j50o 0--15 0-10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 50-- 35-- 0--15 0-10 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre, community development Redevelopment Project 40 coordinator for all rooms/acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5 ,000 50 35-- 0--15 0--]0 10--20 ?a 4-5 spaces per Display 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0-40 10-20 n/a I space per 2 slips Facilities 15 Mixed Use 5,000- 50- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 ,500 0--15 0--]0 10--20 n/a 10 per 1,000 GFA Off ices 10,000 100 Io 0--15 0--10 10-20 n/a spaces per 0 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 5,000 50 35 5-45 0-10 10--20 n/a determined by the Recreation/Entertainment community development coordinator based on ITE Manual -11- Ordinance No. 8043-09 standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0-20 40 1-1_2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50- 25-- 0-15 0-10 10--20 n/a 7--15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35- 0--15 0-10 10--20 n/a 4--5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 1. Overnight accommodations. wwwi.sw•x,?,ex 6. Off-street parking: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. 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; 96. 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 109- A development agreement must be approved by the City Council pursuant to F.S. §§ 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 F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 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 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")" Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -12- Ordinance No. 8043-09 0 Section 2-901.1. Maximum development potential. • It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("O")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Land Use Designation per Acre of Land Ratio/Impervious Accommodations Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: -13- Ordinance No. 8043-09 0 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70/ISR .90 Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. 1" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks U.) Height Min. Off-Street Parking (s4•.ft•) (ft-) (ft-) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 20 50 .5-1 per 2 students Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1-2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 5/1000 SF Outdoe 40 000 200 4-5-- 44- 4-5- so-- deteftnined by the sommunity i Reereittie F4nief4-Bi AFA ORt , 2-5--- 249-- development e9er-d natef: based on !T-E Manual standefds Parking Garages and Lots 20,000 100 25 10 150- 50 n/a Places of Worship 20,000 100 25 10 15 20 50 .5-4 per 2 seats Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 20 30 1 per 2 residents Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA -14- Ordinance No. 8043-09 Utility/Infrastructure n/a n/a 15-- 10 15- n/a n!a Facilities(1) 25 20 Assisted Living Facilities 15,000- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 1 050 10 25 5 15 50 t per 2 residents Social and Community 20 000 100 15 10 15 30--40 4-5 per 1,000 GFA Center , 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres- Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. RR#**##*R*R Section 17. 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 uses and 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, -15- Ordinance No. 8043-09 including any acreage or floor area :restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Maximum Maximum Floor Area Ratio/ Maximum Overnight Accommodations Countywide Dwelling Impervious Surface Ratio Units Per Acre Future Land Use Units per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master FAR development plan development plan Industrial N/A FAR.65ASR FAR 1.5/ISR 655ASR requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] Industrial FAR General N/A N/A N/A .751ISR N/A N/A .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the industrial Research and Technology "IRT District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . U`) Height Min. Off-Street Parking (ST .ft-) (ft) (ft) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 511,000 SF GFA or Mane, 2/court or Recreation/Entertainment(24) 1/machine Manufacturing u 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a -16- Ordinance No. 8043-09 0 0 usex52) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.511,000 SF GFA Who] esale/Distri bution/ 20,000 200 20 15 50 1.5/1 000 SF GFA Warehouse Facility , (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. Min the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished producis or parts, including processing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five two and one hal acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) indeer- r-eereation/ente4ainment uses, when alone or added to existing oefifigueas like uses, afld when not paA of master development plan, shall not exeeed five affes. This r-estr-ietien applies when used in the industFial Limited (1b) Countywide fHtffe land use plan eategei-y. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. -17- Ordinance No. 8043-09 ! • Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft .) Height Min. Of-Street Parking (s9 ft) (t) (ft.) Front' Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.511,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(24-) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000- 20,000 100- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(3-Z) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(!14) 5,000-- 10,000 50- 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' manager s office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1 000 SF Lot Sales Area Vehicle Sales/Displays(! 4) , Vehicle Service L 101000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 511 000 SF GFA Grooming , -18- Ordinance No. 8043-09 • • Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.511,000 SF GFA Facility 'The front setback may be reduced to 15 feet for narking lots nrovided the land area is not sufficient to nceommodate. 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) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment. packaging- sorage. sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (24-) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessorY. (53) Utility/infrastructure uses shall not exceed five tet? acres. Any such use, alone or when added to contiguous like uses which exceed five tee acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displavs, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restaufaffts that Effe aeeessei5, or- ineidental te any permined use will net require Flexible StandaFd Development applieatien fef: feview. Restaurants leeated in the lb futuFe land use eategei=y shall net emeeed two and ene half aer-es. Any queh use, MOR0 OF When added to eentipous like uses whieh e)(eeed twe and efie half aer-es ShBll Fequife a land use plan amendfnent to the HPPFOPFiate Gateg0f?' whieh shall ine-lud-a sueh use and all eentiguetts like uses. ROStatifflfltS leeated in the !P- fl-IN-IF00 IA-Rd- 1-11SA-c-al - , . .. . .. owed oft!y as afl aeeessef?, use, leemed within 4he stfueteFe te D. Offices. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. -19- Ordinance No. 8043-09 01 • Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. 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 amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off Street Parking (s9. ft) (ft.) (ft) 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 area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Fesflities- t?fa - ttfa - + wfa - s - 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 n/a n/a 25 10 20 n/a n/a Facilities -20- Ordinance No. 8043-09 B. Outdoor recreation/entertainment.-- 1 . The use is limited to golf courses and clubhouses. 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 32. All signage is a part of a comprehensive sign program; 42. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 66. 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 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")" Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area -21- Ordinance No. 8043-09 • restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR.10/1SR .20 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")" Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. 'P" District Flexible Standard Development Standards Use Min. Lot Size Mina Lot Min. Setbacks (ft.) Max. Height Min. Off-Street (s4• ft) Width (ft.) (A) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips OutdeeF ReffeationAgnieftaonment 10,000 - 1.99- 25- 49- 4-5--- 30- 5110,ON sq. It. bond 4. All outdOOF lighting is designed and GE)RstruGted so, that RG light falls diFeGtiy on land Section 24. That ?rticle 3, "Development Standards" Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: -22- Ordinance No. 8043-09 • Section 3-601. Docks. C. New docks. 11 \ 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width 9 waterway, whichever is less, and do not constitute a navigational hazard. g. Deviations. !) The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: Lii) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or Lbiii) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. - 23 - Ordinance No. 8043-09 0 iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property: and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be iniurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adiacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.1h. {F-1.3)1h) Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency, or any multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Csommunity Ddevelopment Bboard (CDB). Any multi use d9Gk with a deGk aFea ex6eeding 600 squaFe feet shall be All commercial docks shall be reviewed for compliance with the following criteria. #3#fRR*4ti! b. Impacts on existing water recreation activities. The use proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hindeF-e -24- Ordinance No. 8043-09 disseafage the existing uses of the adjacent waterway. Such by uses include 0ndudo but are not limited to non-motorized boats and motorized boats. h. Dimensional standards. ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not proiect into the navigable portion of the waterway by more than and additional 50 feet or e)dend 25 percent of such the mAdth off the waterway, whichever is less, and do not constitute a navigational hazard. ?*•*,tk,r,rxxr i_v? Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h may be sensidered-aad approved by the Ceommunity Ddevelopment Bboard through a Level Two (flexible developm(int) approval process based on the following: in-ender-te i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and ii) The proposed dock location needs to be adiusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - q: and iii A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the proiect and the applicant's property: and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare: and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable - 25 - Ordinance No. 8043-09 length or to proiect into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adiacent to the mainland which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j Covered boatlifts Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, the or wood Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic. hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distanse triangle described in the following figure. -26- Ordinance No. 8043-09 .i Remove existing Graphic and replace with the following Graphic. B. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30' IN HEIGHT PROPERTY LINE (TYPICAL) 20' RIGHT OF WAY H H 20' 1 FOM 120, 20' H STRUCTURE 0 -11 G D Sight Visibility Triangle TRIANGLE To enhance views of the water from FesideRtial waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the followinq figure, except as otherwise allowed in Article 3 Division 8 iR the 46 e fwmed by ten feet baGk fFem the pmpeFty line on the wateF and along the side PFGpeFty line. Remove existing seraphic and replace with the following graphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36' IN HEIGHT WATER H 111111 PROPERTY LINE (TYPICAL) H 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions -27- PROPERTY LINE, SEAWALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY Ordinance No. 8043-09 -- Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaping Veg A. Vecetative buffer adiacent_to preservation district or iurisdictional wetlands 1.A- A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.6 The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.G No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.0-. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5.€- If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. -28- Ordinance No. 8043-09 0 Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. J. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(B), whichever is less. -29- Ordinance No. 8043-09 9 35' O uw x SETBACK fUNE T OR - T cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. 18 D. Sea turtle nesting areas. Te the e)dent possible, no light withiR 390 feet shall be visible alteFRatiye light management appreaGhes shall be applied. The PeFida MaFine ReseaFGh -30- Ordinance No. 8043-09 Non-cut-off Fixtures • In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Light fixtures shall be designed and/or positioned such that they do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Liahtinq in parkinq lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light maybe directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existinq lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: -31- Ordinance No. 8043-09 I. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section parking garages shall comply with the following: 1 The minimum clear height throughout the garage shall be 7' 0° and shall be 8'2" for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2 Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3 Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4 Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such proiection shall not encroach into the corner of a parking space by more than one foot in any direction front to back or side to side as shown in the following figure. Add the following graphic. COLUMN AT FRONT OF PARKING SPACE 8 = TYPICAL SPACE WIDTH 5 Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 6 Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 32 - Ordinance No. 8043-09 7. Wheel stops shall not be used in parking garages. 8 Whenever access control equipment or barrier gates are used at the entrance to a parking garage a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 9 Maximum speed ramp slope shall not exceed 12 percent A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 10 When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 11 A minimum of two entries and two exits shall be provided for any parking -garage with more than 500 parking spaces In certain circumstances one reversible entrylexit lane may be acceptable in lieu of the second pair of entry and exit lanes. 12 All electrical conduits pipes downspouts columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 13 Minimum dimensions of equipment islands at entrylexit lanes shall be as follows: a. Islands with cashier booth: 6'4" wide by 22' long. b. Islands without cashier booth: 3'6" wide by 18'3" long. Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. 6. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. i The minimum distanGe beWeeR a state Fight of way and the first paFkang spaGe OF aisleway in a paFking lot shall be as outlined in the following table,7. MOMMUM Number- of Spaees stseling Mstanee 50 ,..fir 20 feet 5 ?- 4"ee?- 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. -33- Ordinance No. 8043-09 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of;; : Iptal Number of . Proposed - -Required Vehicle ; I)rive-Thru Lanes m Sticking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date and 1 hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 40 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance- The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. -34- Ordinance No. 8043-09 0 • 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining densityrntensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. For parcels located within an area designated Central Business District (COBD) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDBD, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development rights may be sent from vacant and/or existing developed parcels. tea. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. ds. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where densitv/intensity cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: - 35 - Ordinance No. 8043-09 • • 4-1403. Use of transferred development rights xxxxxxxxxxx E. The use of transferable development rights shall be consistent with the following: 4. There shall be no transfers of densitv/intensitv from outside the coastal storm area into the coastal storm area. xxxxxxxxxxr Section 34. 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: Section 8-102. Definitions. Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. xxxxxxxxxxx Clearwater Beach means that portion of land Iving in the Citv of Clearwater. Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel: bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates: bounded on the south by the Clearwater Pass Channel: bounded on the west by the Gulf of Mexico. xxxxxxxxxxx Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land #leef area. xxxxxxxxxxx Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. ,xxxxxxxxxx -36- Ordinance No. 8043-09 0 • Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel: bounded on the east by the Clearwater Harbor: bounded on the south by the City of Clearwater City Limits: bounded on the west by the Gulf of Mexico. wwwtrx,?•rtx Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bisysles-mopeds, and/or motorcycles and excluding service of such vehicles. Section 33. 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 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING August 20, 2009 AS AMENDED -37- Ordinance No. 8043-09 ---- -- 0 PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Approved as to form: r Leslie K. Dougal ides Assistant City Att ey -- • September 3, 2009 Frank V. Hibbard Mayor Attest: l Cy t is E. Goudeau City Jerk 40,.V CCA , -38- Ordinance No. 8043-09 MOTION TO AMEND ORDINANCE NO. 8043-09 ON SECOND READING On pages 31-33, amend Section 29 of the ordinance as follows: Section 3-1402.1.5 All parking lots shall be designed to meet the following requirements: 1. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8' 2" for van-accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. o I -! COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SPACE WIDTH Delete the following graphic. 11 1?1 11 l?l o ? S ? o MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE B - TYPICAL SPACE WIDTH On Page 33, renumber the subsequent sections. Pamela K. Akin City Attorney September 3, 2009 MOTION TO AMEND ORDINANCE NO. 8043-09 ON SECOND READING On pages 31-33, amend Section 29 of the ordinance as follows: Section 3-1402.1.5 All parking lots shall be designed to meet the following requirements: *********** Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: The minimum clear height throughout the garage shall be 7' 0" and shall be 8'2" for van-accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the, corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Q X I Q COLUMN AT FRONT OF PARKING SPACE Q = TYPICAL SPACE MI)TH MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE 9 = TYPICAL SPACE VVIDTH • On Page 33, renumber the subsequent sections. Pamela K. Akin City Attorney September 3, 2009 Delete the following graphic. c,?al O?di?anc? 12ev?sed nj rub ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.13 TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.6, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR -1- Ordinance No. 8043-09 NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.6, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 0 0 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings x X X X X X Attached dwellings x X X X X X X Community residential homes x X X X X X X X Detached dwellings x X X X X X X X Mobile homes x Mobile home arks x Residential infill projects x X X X X X X Nonresidential Adult uses X X it ort x Icoholic beverage sales x X X -3- Ordinance No. 8043-09 E • Animal grooming and or boarding x X X Assisted living facilities x X X X Automobile service stations x X Cemeteries X Comprehensive infill redevelopment project CIRP X X X X X X X Congregate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfway houses x Hospitals x Indoor recreation/entertainment x X X X Light assembly x Manufacturing x Marinas X Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursing homes x X X X Offices x X X X X X Off-street parking x X Open space X Outdoor recreation/entertainment x X X X X x Outdoor retail sales, display and/or storage x X Overnight accommodations x X X X X X X X x Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship x X X X Problematic uses x Public facility x X Publishing and printing x Public transportation facilities x X X X X X X x Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse - x X ISidewalk vendors + I I I X X -4- Ordinance No. 8043-09 0 0 Social and community centers X X X X Social/ public service agencies X X X X Telecommunications towers X X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X x x X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, major x Vehicle service X Vehicle service, limited x Vehicle service, major X Veterinary offices X X X X holesa le/d istribution/wareh ouse acilit X Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LDR")", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y including any acreaae or floor area restrictions set forth in the Rules Concernina the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate I dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDW)", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 r?l Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includina anv acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan. as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per J FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR.60/ISR .85 acre Section 7. 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 uses and 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 of the property, including any acreaae or floor area restrictions set forth in the Rules Concernina the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR LOASR.95 acre -7- Ordinance No. 8043-09 AdEh. W 0 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR 50/ISR 75 Medium acre . . Section 9. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55/ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR.95 50 units per acre acre -8- Ordinance No. 8043-09 Section 10. 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 uses and 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 propert y, including any acreage or floor area restrictions set forth in the Rules Concerninq the Administration of the Countywide Future Land Use Plan, as amended from time to time. 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 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 Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort 30 dwelling FAR 2.0/ISR.95 FAR acre and Facilities FAR LOASR.95 FAR 3.0/ISR.95 LOASR 50 three acres: High units per acre FAR 4.0/ISR.95 .95 90 Greater than three acres: 110 * 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. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max. tq Use Area Lot (1) Height Min. Setbacks t4 Density Min.OJj=Street Parking (s9. ft.) Width (ft.) (f) 00 Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 Attached Dwellings 10,000 100 35--50 I? 10 1 0 uni 30 cre 2 per unit Governmental Uses (2) 10,000 100 35--50 IO-- 15 0-- 10 10-- 20 n/a 3-4/1,000 GFA Indoor 5,000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment 100 10 Medical Clinic 10,000 100 30--50 10 10 20 20 2--3/1,000 GFA Mixed Use 10,000 50 35--50 0--15 0-- 10-- 30 Based upon use 100 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking 11 Offices 10,000 100 35--50 10-- 0-- 10-- n/a 3-4 spaces per 1,000 15 10 20 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor 5,000 50 35 10 10 20 n/a determined by the Recreation/Entertainment 15 community development director based on ITE Manual standards Overnight 20,000 100- 35--50 10-- 0-- 10-- 40 1.2 J, per unit Accommodations -150 15 10 20 rooms/acre - Parking Garages and Lots 20,000 100 50 12 10 I0_ n/a n/a 5 20 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 n/a the community Facilities development coordinator based on ITE Manual standards Public Transportation (3) n/a n/a 10 n/a n/a n/a n/a n/a Facilities Restaurants 5,000-- 50-- 25--35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 10,000 100 15 10 20 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure (4) n/a n/a n/a 25 10 10 n/a n/a Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. -10- Ordinance No. 8043-09 (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards 1 Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street ) Use ( Area h Height 1 Front Side Rear 1 Density Parking (s9 ft) i (ft.) ( 1 (ft.)t , (ft.) (ft.) ( 1 . ) Alcoholic Beverage Sales 5,000 50 5-- 0--15 0-40 10--20 n/a 5 per 1,000 GFA 100 Attached Dwellings 5,000-- 50-- 35-- 0-45 0-40 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill units/acre; community Redevelopment Project n/a n/a n/a n/a n/a n/a 40 development rooms/acre coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 000 5 50 35-- 0--15 0--10 10--20 n/a 4--5 spaces per Display , 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0--10 10--20 n/a 1 space per 2 slips Facilities 15 Mixed Use 5,000-- 50-- 35-- 0-45 0-40 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 100 0-45 0-40 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35 0-45 0-40 10--20 n/a 3-4 spaces per 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 5,000 50 35 5-45 0-40 10--20 n/a determined by the Recreation/Entertainment community development coordinator based on ITE Manual -11- Ordinance No. 8043-09 standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0--15 0--10 10--20 n/a 7--15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0 -15 0--10 ]0--20 n/a 4--5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 1. Overnight accommodations. 6. Off-street oarkina: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. 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; 96. 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 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 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 F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 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 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -12- Ordinance No. 8043-09 w • Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("O")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Land Use Designation per Acre of Land Ratio/Impervious Accommodations Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50ASR .75 N/A Residential/Office/Retail 18 dwelling units per acre . FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: -13- Ordinance No. 8043-09 0 • Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70/ISR .90 Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District (T)", Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. Y' District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft.) Height Min. Off-Street Parking (s9 ft) (ft) (r-) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a ]/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 15 50 .5--1 per 2 students 20 Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1--2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 5/1000 SF Outdoe 40,000- 299- ? 44- 5- -50- 1 104,000 SF Land Area or as c .0 on 1T-B Manual standaf-ds Parking Garages and Lots 20,000 100 25 10 20 50 n/a Places of Worship 20,000 100 25 10 20 50 .5--1 per 2 seats Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 2 30 1 per 2 residents 0 Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA -14- Ordinance No. 8043-09 Util ity/l nfrastructure n/a n/a 15-- 10 15-- n/a n/a Facilities(1) 25 20 Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 15000 25 5 15 50 1 per 2 residents Social and Community ,000 20 100 15-- 10 15-- 30--40 4--5 per 1,000 GFA Center 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** *********** Section 17. 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 uses and 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 -15- Ordinance No. 8043-09 • 0 includinq any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: M i Maximum Floor Area Ratio/ Maximum Overnight Coun ide ax mum Dwelling Impervious Surface Ratio Accommodations U P A Future Land U er nits cre Use nits per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master FAR development plan development plan Industrial N/A FAR.65ASR FAR 1.5/ISR 65/ISR requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] Industrial FAR General N/A N/A N/A .75ASR N/A N/A .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min. Setbacks Max. Uses Area Width (ft.) Height Min. Off-Street Parking (s4 ft) (f) (ft.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 ]/unit Governmental Uses(]) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or Recreation/Entertainment(24) 1/machine Manufacturing (3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a -16- Ordinance No. 8043-09 use)(52) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(O) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.511,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.511 000 SF GFA Warehouse Facility , (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. Min the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaeed in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five t-we and ene half acres. Any such use, alone or when added to contiguous like uses which exceed five !we and °n°'-°lf acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) indeer reereafieWentei4ainment uses, when alene er added to existing eentigueus like uses, and when net pao ef master- develepment plan, shed! net eikeeed fiVe aUes. This res46efien applies wheft used in the industrial Limited (1b) (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use Dian man amendment to Commercial General which shall include such uses and all contiguous like uses -17- Ordinance No. 8043-09 0 • Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft) Height Min. Off-Street Parking (s9..ft?) (ft.) (ft) Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(2?) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(33) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(43) 5,000-- 10,000 50- 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' manager s office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1 000 SF Lot Sales Area Vehicle Sales/Displays(! 4) , Vehicle Service (6) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 000 SF GFA 511 Grooming , -18- Ordinance No. 8043-09 • Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.511,000 SF GFA Facility *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) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engap-ed in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (24) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (33) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five ten acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. applieation fOF review. Restaurants leea4ed ift the 1h fUtWe land use eategei-y shall net emeeed #.ve- and- ene hR_lf aefes. Any sueh use, alene of when added to eentiguous like ul-ses ;.A.,h.eh exeeed iwe and ene half ftFes shall r-equiFe a land u5e-plan amendment te the appy-opfiate ea4egef?, whieh shall iftelude, sueah use F-ind all eentigueus like uses. Restaurant le-e-atead- iR 4-he IG ftituf:e land use eeAegef?, shaH be Aewed only as an aeeessef?' use, leea4ed within the stfuevdr-e4e D. Offices. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. -19- Ordinance No. 8043-09 C Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. 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 amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (s9. f.) (ft.) (ft) 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 area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a .,bic: o.Transpef4attefi . Facmcies n/a- fit- nia- Wa-- Wa-- 44- ? 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 -20- Ordinance No. 8043-09 i • ** ********* B. Outdoor recreation/entertainment.- 1. The use is limited to golf courses and clubhouses. 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 33. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. 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 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area -21 - Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR A O/ISR .20 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. 'P" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Height Min. Off-Street Use Size Width (ft) Min. Setbacks (ft) (f) parking (sq. ft.) Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips OUWOE) .e 10,000- i0o - ? ? ? 30- 5/10,000 sq. ft. Land Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: -22- Ordinance No. 8043-09 • Section 3-601. Docks. C. New docks. • Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. g. Deviations. 1 The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: Lao) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or Lbj+) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) No dock shall be allowed to deviate from the lenqth requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or proiect into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. - 23 - Ordinance No. 8043-09 e • iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the proiect and the applicant's property; and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be iniurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adjacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (c)(3){#). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C. 1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency, or anv multi-use dock with a deck area exceedina 500 sauare feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Csommunity Ddevelopment Bboard (CDB). Any multi use dGGk with a deGk aFea .. - _00 squaFe feet shall be All commercial docks shall be reviewed for compliance with the following criteria. b. Impacts on existing water recreation activities. The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hundeF 0 -24- Ordinance No. 8043-09 0 0 diSGeWage the existing uses of the adjacent waterway. Such by uses include MRG!udieg but are not limited to non-motorized boats and motorized boats. h. Dimensional standards. ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not proiect into the navigable portion of the waterway by more than and additional 50 feet or extend 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** i_v3 Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h #eFn the ,+ i of this tiG may be GeRsideFed approved by the Csommunity Ddevelopment Bboard through a Level Two (flexible developm(;nt) approval process based on the following: ie erdeF is i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - g: and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property: and iv) The deviation sought to be -granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare: and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable - 25 - Ordinance No. 8043-09 elf Ell length or to project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adiacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. i. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distaese triangle described in the following figure. -26- Ordinance No. 8043-09 0 E Remove existing -graphic and replace with the following -graphic. RIGHT OF WAY NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30" IN HEIGHT PROPERTY LINE (TYPICAL) 20' J = ?20' 201 .U H < m STRUCTURE a p a Sight Visibility Triangle 20' SIGHT VISIBILITY TRIANGLE B. To enhance views of the water from r°side;tmal waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3 Division 8 in the 45 a^ tine Remove existing -graphic and replace with the following graphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHT WATER H PROPERTY LINE (TYPICAL) ?f STRUCTURE T ? 4? 1 20 A I ' ' PROPERTY LINE, SEAWALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY 1,20' 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions -27- Ordinance No. 8043-09 El Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaDin A. Veaetative buffer adiacent to preservation district or iurisdictional wetlands 1.,? A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.B: The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 1G No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D-. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. EL. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been 5. removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. -28- Ordinance No. 8043-09 0 0 Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(6), whichever is less. -29- Ordinance No. 8043-09 D 0 35' ------------------------------ SETBACK w LINE g \ X ? W 1?^ A I ............. - ........ . . . . - ............. cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. . nl1VE'fF'11S UNE 18 *********** D. Sea turtle nesting areas. Tie-extent posy shall be visible OF extend te aFeas identified as Sea Turtle Ne6ting AFeas during the nesting 6ease Thoearea6 weFe ses' pity aRd p ihlin safety Feq ire linhtip altemative light management appFeaGhes shall be applied. The PeFida MaFiRe Resea RepeFt Institute TeehniGal Report ' „ shall be used as a guide to PFGVi -30- Ordinance No. 8043-09 Non-cut-off Fixtures 0 0 In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach, the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Liaht fixtures shall be desianed and/or positioned such that thev do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at around level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: -31- Ordinance No. 8043-09 Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking -garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8' 2' for van accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated pates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such proiection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Add the following graphic. O X I ? i COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SOACE WIDTH 5. Parkinq garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 6. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. -32- Ordinance No. 8043-09 0 0 7. Wheel stops shall not be used in parking garages. 8. Whenever access control equipment or barrier pates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier pate. 9. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 10. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 11. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 12. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 13. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6'4" wide by 22' Iona. b. Islands without cashier booth: 3'6" wide by 18'3" long. Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. -33- Ordinance No. 8043-09 0 0 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 36. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking, Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date aPA hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 40 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. -34- Ordinance No. 8043-09 0 0 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan. Countywide Plan Map and Rules and/or governing special area plan. 5. For parcels located within an area designated Central Business District (CORD) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDBD, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development riahts may be sent from vacant and/or existin developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. do. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where densitv/intensitv cannot otherwise be determined for Darcels desianated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures°, Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: -35- Ordinance No. 8043-09 4-1403. Use of transferred development rights E. The use of transferable development rights shall be consistent with the following 4. There shall be no transfers of densitv/intensitv from outside the coastal storm area into the coastal storm area. Section 34. 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: Section 8-102. Definitions. Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. Clearwater Beach means that portion of land Ivina in the Citv of Clearwater. Pinellas County. Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates: bounded on the south by the Clearwater Pass Channel: bounded on the west by the Gulf of Mexico. Deflected Lipht means unintentional indirect luminance from structures or objects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land flew area. Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way_ -36- Ordinance No. 8043-09 0 0 Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Sand Key means that portion of land lying in the City of Clearwater, Pinellas County. Florida, bounded on the north by the Clearwater Pass Channel: bounded on the east by the Clearwater Harbor: bounded on the south by the City of Clearwater City Limits: bounded on the west by the Gulf of Mexico. Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bisyeles, mopeds; and/or motorcycles and excluding service of such vehicles. *********** Section 33. 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 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED -37- Frank V. Hibbard Mayor Ordinance No. 8043-09 C] Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney -38- • Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8043-09 s • Amendment to Ordinance No. 8043-09 on Second Reading Section 29 of Ordinance Section 3-1402.1.5 (see pages 31-33 of Ordinance) All parking lots shall be designed to meet the following requirements: *********** 1. Structural supports located in parking garages shall not encroach into the required area of a parking space. Structural supports shall be located in a manner to provide maximum vehicular maneuverability and shall not obstruct passenger ingress and egress. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8' 2" for van-accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. 's 0 X O 2 I ? _ COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SPACE '00TH addwtwE)nal width shall be added to the paFking spaGe as show i Delete the following graphic. , 0 B+ 1 8+ 1 3+ MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE 8 = TYPICAL SPACE WNI-I 0- On page 25, amend the ordinance as follows: Section 3-601.C.3.h - Commercial Docks h. Dimensional standards. ii. Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not extend project into the naviaable aortion of the waterway by more. than an additional 50 feet or 25 percent of such the width a +ho waterway, whichever is less, and do not constitute a navigational hazard. ? 0 'VuMa cc Ist'feaW ) ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.13 TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.13, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR -1- Ordinance No. 8043-09 NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.B, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 • • WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. *********** D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings x X X X X X Attached dwellings x X X X X X X Community residential homes X X X X X X X X Detached dwellings x X X X X X X X Mobile homes x Mobile home arks X Residential infll projects x X X X X X X Nonresidential Adult uses x X Airport x Alcoholic beverage sales x X X -3- Ordinance No. 8043-09 11 0 Animal roomin and or boarding X X X Assisted living facilities x X X X Automobile service stations x X Cemeteries X Comprehensive infill redevelopment project CIRP X X X X X X X Con re ate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfway houses x Hospitals x Indoor recreation/entertainment x X X X Light assembly x Manufacturing x Marinas X Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking X X X X Nursing homes x X X X Offices x X X X X X Off-street parking x X Open space x Outdoor recreation/entertainment x X x x X x Outdoor retail sales, display and/or storage x X Overnight accommodations x X X X X X X X x Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship x X X X Problematic uses X Public facility X X Publishing and printing x Public transportation facilities x X X X X X X x Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse L X ISidewalk vendors + f x X -4- Ordinance No. 8043-09 0 0 Social and community centers x X X X SociaU ublic service agencies x X X X Telecommunications towers x X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major x Vehicle service x Vehicle service, limited x Vehicle service, major x Veterinary offices X X X Wholesale/distribution/warehouse facility jx Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LDR")", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate 1 dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDW)", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includina anv acreaae or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan. as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Countywide Future Land Maximum Dwelling Maximum Floor Area Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 • • Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR .60/ISR.85 acre Section 7. 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 uses and 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 of the property, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 acre -7- Ordinance No. 8043-09 0 0 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR.50/ISR .75 Medium acre Section 9. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55/ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 50 units per acre acre -8- Ordinance No. 8043-09 Section 10. 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 uses and 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 propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. 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 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 Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort 30 dwelling FAR 2.0/ISR.95 FAR acre and Facilities FAR 1.0/ISR .95 FAR 3.0/ISR.95 1.0/ISR 50 three acres: High units per acre FAR 4.0/ISR.95 .95 90 Greater than three acres: 110 * 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. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Min. Lot Min. Max (1) Use Area Lot W d h . (1) Height Min. Setbacks (1) ensity in. Off-Street Parking (sq ft) i t (ft.) (ft.) (A) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 units acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 0 0 Attached Dwellings 10,000 100 35--50 10 10 10-- 30 2 per unit 0 units acre Governmental Uses (2) 10,000 100 35--50 10-- 0-- 10-- n/a 3-4/1 000 GFA 15 10 20 , Indoor 5,000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment 100 10 Medical Clinic 10,000 100 30--50 10 10 20 20 2--3/1,000 GFA Mixed Use ]0,000 50-- 35--50 0--15 0-- 10-- 30 Based upon use 100 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10 000 100 35--50 10-- 0-- 10-- n/a 3--4 spaces per 1,000 , 15 10 20 GFA 2.5 spaces per 1,000 sq. fr. of lot area or as Outdoor 5,000 50 35 10 10 20 n/a determined by the Recreation/Entertainment 15 community development director based on ITE Manual standards Overnight 20,000 100- 35--50 10-- 0-- 10-- 40 1.2 4- per unit Accommodations -150 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 12 10 1 0 n/a n/a 5 2 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 n/a the community Facilities development coordinator based on ITE Manual standards Public Transportation (3) n/a n/a 10 n/a n/a n/a n/a n/a Facilities Restaurants 5,000-- 50-- 25--35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 10,000 100 15 10 20 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure (4) n/a n/a n/a 25 10 10 n/a n/a Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. -10- Ordinance No. 8043-09 (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist T' District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Max. Min Min Min tq Use Area Lot . Front . . Rea Density Min. Off-Street (s9. ft.) Width ft.) (ft) .) (ft ft.) (ft.) ? (ft.) parking Alcoholic Beverage Sales 5,000 50 ,500 0--15 0--10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 50-- 35-- 0--15 0--10 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; community development Redevelopment Project 40 coordinator for all rooms/acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5,000 50 35 0--15 0--10 10--20 n/a 4--5 spaces per Display 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0--10 10--20 n/a 1 space per 2 slips Facilities 15 Mixed Use 5,000-- 50-- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35 0--15 0--10 10--20 n/a 3-4 spaces per 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 000 5 50 35 5--15 0--10 10--20 n/a determined by the Recreation/Entertainment , community development coordinator based on ITE Manual -11- Ordinance No. 8043-09 AMk V 0 I standards Overnight 10,000-- 100-- 35-- 0-45 0-40 0--20 40 1-1.2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0-45 0-40 10--20 n/a 7-45 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 ?a 4--5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 1. Overnight accommodations. 6. Off-street parkin a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 8-7. 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; 96. 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 108. A development agreement must be approved by the City Council pursuant to F.S. §§ 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 F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 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 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -12- Ordinance No. 8043-09 9 0 Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("0")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("O") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Land Use Designation per Acre of Land Ratio/Impervious Accommodations Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District (T)", Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: -13- Ordinance No. 8043-09 0 0 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70/ISR .90 Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District (T)", Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "1" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft) Height Min. Off-Street Parking (s9. ft) 00 (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 20 50 .5--1 per 2 students Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1--2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 511000 SF ,... e ' ' 0/1 nnn SF i d n outdoe 40 000 200 4-5-- 40- 4-5- 50 a eF an r determined by the eefnfnunil?, , - - on 1T-9 Manual standafds Parking Garages and Lots 20,000 100 25 10 15 50 n/a 20 Places of Worship 20,000 100 25 10 1 0 50 .5--1 per 2 seats 2 Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 20 30 1 per 2 residents Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA -14- Ordinance No. 8043-09 i t Utility/Infrastructure n/a n/a 15-- 10 15-- n/a n/a Facilities(1) 25 20 Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 10500 25 5 15 50 1 per 2 residents Social and Community 20,000 100 15 10 15 30-40 4--5 per 1,000 GFA Center 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. *********** de°igRated ae resideRtial in the Zoning Atla6; Section 17. 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 uses and 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,. -15- Ordinance No. 8043-09 0 0 including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Maximum Maximum Floor Area Ratio/ Maximum Overnight Accommodations Countywide Dwelling Impervious Surface Ratio Units Per Acre Future Land U Use nits per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master R development plan development plan Industrial N/A FAR.65ASR FAR 1.5/ISR ISR 65/ requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] Industrial FAR General N/A N/A N/A .75/ISR N/A N/A .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT'), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . ( Height Min. Off-Street Parking (sq. ft.) (ft) (ft) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or Recreation/Entertainment(24) 1/machine Manufacturing (3) 20,000 200 20 15 50 1.511,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a -16- Ordinance No. 8043-09 0 0 use)(53) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(O) 10,000 200 20 1.5 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (77,) 20,000 200 20 15 50 1.511,000 SF GFA Wholesale/Distribution/ 20,000 200 20 IS 50 1.511 000 SF GFA Warehouse Facility , (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction anplies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use enp-aged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be -prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five twe and one half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) hideer- reer-ewiepleatei4ainment uses, when alone or added to existing eentigueus like uses, and when not paFt of master develepment plan, shall not exeeed five aeFes. This restriefien applies when used in the industrial Lifflited (H4 Countywide future land use plan eateget=y. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require _aland use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. -17- Ordinance No. 8043-09 0 0 Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min. Setbacks Max. Uses Area Width (ft.) Height Min. Off-Street Parking (s9• ft) (ft) (ft) Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing-W 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA I--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(2-1) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 100-- 20 15 50 3/1,000 SF GFA 20,000 200 Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(32) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(43) 5,000-- 50- 20 15 30 7--15 spaces per 1,000 GFA 10,000 100 Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' manager s office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 000 SF Lot Sales Area 1.5/1 Vehicle Sales/Displays(64) , Vehicle Service (6) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1 000 SF GFA Grooming , -18- Ordinance No. 8043-09 0 0 Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF GFA Facility *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) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture. predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (24-) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five tea acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. applieatien fef Feview. Restaurant,-; Wee-ated in she 1h f6ture land use ealegef?, shall not exeeed twe and ene half aeres. Any sueh use, alone oF when added te eentiguetfS like tiSeS Whi6h exeeed two and one half aer-es shall r-equife a land use plan afnendment te the appfeprioAe eateger-y v.,hieh shall ine-hude sueh use and all eentiguous like uses. Rest"Fmts D. Offices. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. -19- Ordinance No. 8043-09 C 0 Section 20. That Article 2, "Zoning Districts", Division 14, "Open District ("OSR")", Section 2-1401.1, "Maximum development potential", Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. Space/Recreation of the Community The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. 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 amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (sq. ft) (ft.) (ft) 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 area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a P^i ,?? n/a- ?? ? n/-a- W-&- 4I3- +? 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 n/a n/a 25 10 20 n/a n/a Facilities -20- Ordinance No. 8043-09 M • B. Outdoor recreation/entertainment 1. The use is limited to golf courses and clubhouses. 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 3-2. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. 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 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area -21- Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR.10/ISR .20 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. Y"District Flexible Standard Development Standards Use Min. Lot Size Min. Lot Min. Setbacks (ft) Max. Height Min. Off-Street (sq. ft.) Width (ft) (/t.) Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips outdoe .e x-0;000- too - ?- ? ? ? 3&000 s? Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: -22- Ordinance No. 8043-09 Section 3-601. Docks. C. New docks. • Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less up to a maximum of 250 feet. Tie poles may extend beyond the dock,, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. g. Deviations. 1 The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: Lao) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or LN4) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet, except as stipulated in Sec 3-601.C.1.g.iii and iv below. - 23 - Ordinance No. 8043-09 P-1-1 M, 11 iii) Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property; and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property; and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adjacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (G){3}(#). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C. 1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency, or any multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Csommunity Ddevelopment Bboard (CDB). Any "'u lti use ` GGk with a ` eGk aFea C.lV1 n ° feet shall be All commercial docks shall be reviewed for compliance with the following criteria. *********** b. Impacts on existing water recreation activities. The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude f reer -24- Ordinance No. 8043-09 0 0 diSGGUFage the existing uses of the adjacent waterway. Such by uses include 0RGladiR but are not limited to non-motorized boats and motorized boats. Dimensional standards. *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the navigable portion of the waterway by more than and additional 50 feet or extend 25 percent of such the width of the waterway, whichever is less, and do not constitute a navigational hazard. *********** i_) Deviations. Applications for dDeviations to the dimensional standards set forth in Section 3-601.C.3.h fF9FA the rcruremcntei of this sect,may be ser?sidered aad approved by the Csommunity Ddevelopment Bboard through a Level Two (flexible developm(;nt) approval process based on the following: its-erder to i) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality: and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - g: and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property: and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property: and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare: and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable - 25 - Ordinance No. 8043-09 0 length or to project into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, tile or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility distaRse triangle described in the following figure. -26- Ordinance No. 8043-09 0 • Remove existing graphic and replace with the following graphic. RIGHT OF WAY 120' 201 NO STRUCTURE OR LANDSCAPING 20' MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT ?p EXCEEDING 30" IN HEIGHT A H G STRUCTURE PROPERTY LINE (TYPICAL) -n A GD (M Sight Visibility Triangle TRIANGLE B. To enhance views of the water from Fes;dential waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3 Division Lin -the 5 angle rry One. Remove existing -graphic and replace with the following graphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHT WATER H 111111 PROPERTY LINE (TYPICAL) STRUCTURE I 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions -27- PROPERTY LINE, SEAWALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY Ordinance No. 8043-09 Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscagin A. Vegetative buffer adiacent to preservation district or iurisdictional wetlands 1.X A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.& The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.C-. No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D-. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5. EL. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adjacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. -28- Ordinance No. 8043-09 0 0 Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(6), whichever is less. -29- Ordinance No. 8043-09 35' cut-off fixtures 2. Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. 18?E PaoVF, (H1SI-tNE t1GN"f V1S , 18 ---- _ ; PEAK cANDLe Pp fl t- x X Q Non-cut-off Fixtures *********** D. Sea turtle nesting areas. To the exz tenpossible, t no light within 400 feet shall be visible -R,??, ??,,? These areas were see grit y aRd p ihlin safety ?Feq sire lightinn alternative light management appFeaGhes shall be applied. The F19Fida MaFine Resea n n shall be used as a guide to PFOVi the most theFough solution pFaGt*Gal. -30- Ordinance No. 8043-09 _ _ ...._........ OR.... .................... .-.._........_...._..._............_._......_.......1 0 0 In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach, the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Liqht fixtures shall be desiqned and/or positioned such that thev do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: -31- Ordinance No. 8043-09 In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7' 0" and shall be 8'2" for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Add the following graphic. CJ X COLUMN AT FRONT OF PARKING SPACE $ = TYPICAL SPACE WIDTH 5. Where parking spaces abut a wall, a column not located consistent with subsection 4 above, or any other obstruction, one-foot of additional width shall be added to the parking space as shown in the following figure. -32- Ordinance No. 8043-09 Add the following graphic. • ? ? t 1 ?C:D,,_ D/ Q D Q? G- 0 B + 1'? B + 1 B + £ MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE B = TYPICAL SPACE ?ADTH 6. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 8. Wheel stops shall not be used in parking -garages. 9. Whenever access control eauipment or barrier aates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 11. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6'4" wide by 22' long, b. Islands without cashier booth: TT wide by 18' 3" long. *********** - 33 - Ordinance No. 8043-09 Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. *********** B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 36. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive- firu Lanes TotaI Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. -34- Ordinance No. 8043-09 • • Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date aAd ,. hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the beaFd ' streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 4-0 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan. Countywide Plan Map and Rules and/or governing special area plan. 5. For parcels located within an area designated Central Business District (CSBD) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the COBD, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. -35- Ordinance No. 8043-09 a. Transfer of development rights may be sent from vacant and/or existing developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. ds. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where densitv/intensitv cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights E. The use of transferable development rights shall be consistent with the following: 4. There shall be no transfers of density/intensitv from outside the coastal storm area into the coastal storm area. Section 34. 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: Section 8-102. Definitions. -36- Ordinance No. 8043-09 Beach access point means any access used by the -general public or private property owners for the purpose of gaining access to the beach. Clearwater Beach means that portion of land Ivina in the Citv of Clearwater. Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel: bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates: bounded on the south by the Clearwater Pass Channel: bounded on the west by the Gulf of Mexico. *********** Deflected Light means unintentional indirect luminance from structures or obiects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land flow area. Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel, bounded on the east by the Clearwater Harbor: bounded on the south by the City of Clearwater City Limits: bounded on the west by the Gulf of Mexico. Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bieysles, mopeds; and/or motorcycles and excluding service of such vehicles. *********** -37- Ordinance No. 8043-09 Section 33. 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 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -38- Ordinance No. 8043-09 0 0 Revision to Ordinance No. 8043-09 Section 3-601.C.3.h - Commercial Docks (see page. 25 of Ordinance) h. Dimensional standards. ii. Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or 25 percent of such waterway, whichever is less, and do not constitute a navigational hazard. Comparison of Commercial Docks Setbacks Clearwater, FL Width of Buildable Buildable Waterfront Frontage (ft) Frontage (ft) Property Line [Current [Proposed Property Owner Address Existing Use (ft) Setbacks 10%] Setbacks 25%] EAST SHORE / MARINA DI STRICT Barefoot Bay of FL Inc 401 East Shore Hotel 60 48 30 Beach Enterprises of FL Inc 403 East Shore Hotel 65 52 32.5 East Shore Int'I Enterprises LLC 405, 409 East Shore Vacant 125 100 62.5 Endeavor Capital Partners I LLC 411 East Shore Vacant 175 140 87.5 Michael G Preston Tre 419 East Shore Commercial 75 60 37.5 Florida Bank 423, 425, 441 East Shore Hotel 199 159.2 99.5 Vacant + Louis Developments LLC 443, 463 East Shore Hotel 315 252 157.5 471, 473 East Shore (one William A Day Living Trust parcel) Commercial 120 96 60 Attached Belleair Harbor II LLC 475 East Shore Dwellings 60 48 30 Sun Harbor Condos, Attached multiple owners 479 East Shore Dwellings 120 96 60 Coral Motel Condo, Attached multiple owners 483 East Shore Dwellings 136 108.8 68 Belle Harbor Condo, Attached multiple owners 525 Mandalay Dwellings 515, 412, 257.5 E Pg1of2 8-12-09 Comparison of Commercial Docks Setbacks Clearwater, FL Width of Buildable Buildable Waterfront Frontage (ft) Frontage (ft) Property Line [Current [Proposed Property Owner Address Existing Use (ft) Setbacks 10%] Setbacks 25%] SAND KEY AREA Continental Wingate (Marriott) 1201 Gulf Blvd Hotel 1069 855.2 534.5 DA Bennet Co (Shoppes @ Sand Key) 1241 Gulf Blvd Retail 656 524.8 328 USA Coast Guard 1371 Gulf Blvd Coast Guard 318 254.4 159 • • Pg2of2 8-12-09 SUBJECT/RECOMMENDATION: 0 Clearwater City Council Agenda Cover Memorandum Work Amon Item #: Final Agenda Item # Meeting Date: nR-gn-nq APPROVE amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in-the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and PASS Ordinance No. 8043-09 on first reading. (TA2009-01002) ? and that the appropriate officials be authorized to execute same. SUMMARY: At the City Council Work Session of July 13, 2009, concerns were raised pertaining to amendments to Community Development Code Section 3-601 concerning docks, as proposed in Ordinance 8043-09. This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. The ordinance has been revised to reflect the Council's recommendation. Major changes to Ordinance 8043-09 include: Docks boatlifts and service catwalks that serve single-family or two-family dwellings: • Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3- 601.C.1.b). • Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.l.g.iv). Commercial Docks: • Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3- 601.C.3.h.11). • Includes additional requirements for deviation requests, such as incorporating language similar to the County's variance criteria (Section 3-601-C.3.i). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.3.1.vi). Attached please find the revised Ordinance No. 8043-09 and the revised staff report. Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Lauren Matzke Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing NIA DCM/ACM Planning Current FY Cl Risk Mgmt N/A Other Attachments: OP ORDINANCE NO. 8043-09 STAFF REPORT Other Submitt ed by: Appropriation Code: City Manager ? None 0 0 The Community Development Board will review the proposed amendments at its regularly scheduled meeting of August 18, 2009 and make a recommendation to the Council. The Planning Department will report the recommendation at the City Council meeting. S. (Planning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistency0rdinance No 8043-09 2009 REVISED CC Cover Memo 07-31. doc 0 0 CDB Meeting Date: August 18, 2009 Case: TA2009-01002 Ordinance No.: 8043-09 Agenda Item: E2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights. UPDATE: The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of June 16, 2009. The Board unanimously recommended the amendment for approval, with exception to the sections addressing docks, site visibility triangles, and design standards for parking lots and parking garages. The Planning Department recommended to the City Council that action be taken on the ordinance as proposed. The Island Estates Neighborhood Plan Objective 2.a. states "Preserve water views by restricting the height of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles." The existing Community Development Code language is consistent with this Plan. Additionally, proposed language addressing parking space design where columns adjoin a space is intended to clarify existing Section 3-1402.A which states "... Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls or other site conditions impede maneuverability or vision." This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. Community Development Board - August 18, 2009 TA2009-01002 - Page 1 • • This change was substantive and required a change to the ordinance title, and is therefore being brought back to the Community Development Board for review. Council is seeking comment and recommendation by the Board on the new Dock provisions (see pages 23-26 of revised Ordinance 8043-09). The ordinance has been revised to reflect the Council's recommendation; however, the staff report has not been changed. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks that serve single-family or two-family dwellings: • Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3- 601.C.1.b). • Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.l.g.iv). Commercial Docks: • Establishes maximum length of 250 feet and limited the distance tie poles can project beyond docks (Section 3- 601.C.3.h.ii). • Includes additional requirements for deviation requests, such as incorporating language similar to the County's variance criteria (Section 3-601-C.3.i). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.31vi). INITIATED BY: City of Clearwater Planning Department BACKGROUND: Countywide Plan Rules Article 3, Division 3.2, require that land development regulations be consistent with the criteria and standards set forth in the Countywide Rules. In keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed community development codes of all Pinellas County municipalities to compare their Community Development Board - August 18, 2009 TA2009-01002 - Page 2 • codes with the Countywide Plan Rules. These reviews resulted in consistency reports indicating areas of the Code that may be inconsistent with the Countywide Plan Rules. The Planning Department met with PPC staff to review the Clearwater Consistency Report and come to an agreement as to which amendments were necessary to address the PPC's concerns. These amendments address those consistency issues as well as other issues identified as part of the annual code update process. Suggested amendments have been collected from the Planning Department, Engineering Department, Marine and Aviation, and the City Attorney's Office. Staff discussions occurred to make certain that the amendments are workable and not in conflict with other City codes and processes. The amendments improve the administration of the Code or regulations imposed, in order to better reflect City development patterns and improve internal processes. ANALYSIS: The Planning Department is recommending a total of 45 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided herein, and a complete summary of amendments is attached. Also attached is Ordinance No. 8043-09 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zoning Districts ¦ Permitted Uses Location (Chart 2-100 of Ordinance, Pages 14,15, 20, 21 and 22) Ordinance No. 8043-09 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what uses are permitted and where they are permitted. The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable Level One permitted use in the Institutional and Preservation Districts. Public Transportation Facilities are proposed to be removed as an allowable Level One permitted use in the Open Space/Recreation zoning district. These proposed changes ensure the districts' uses are consistent with the Countywide Plan Rules. ¦ Overnight Accommodations in the Tourist District (Pages 10 and 12 of Ordinance) Community Development Board - August 18, 2009 TA2009-01002- Page 3 These amendments change the parking requirement for proposed Overnight Accommodation projects within the Tourist District. The Flexible Standard Development or Level One parking requirements for Overnight Accommodations use is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to 1.2 spaces per unit is established for parking requirements for Overnight Accommodations permitted through the Flexible Development or Level Two process in the Tourist District, and flexible criteria addressing the same are added. The amendments will ensure that overnight accommodations will provide adequate parking for both guests and employees of the hotels, and were based on Institution of Transportation Engineers (ITE) standards for resort hotels. ¦ Use Limitations (Pages 16 - 20 of Ordinance) This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the Countywide Plan Rules. • In the IRT district, office, vehicle service, vehicle sales/display, and major vehicle sales/displays uses in the Industrial General (IG) future land use designation are allowed only as accessory uses. • Prior to this amendment the existing size limitation for vehicle services uses in the Industrial Limited (IL) future land use designation applied to vehicle service uses. This amendment will limit size for major vehicle sales/displays in both the IL and IG land use designations and vehicle service in IL. • This amendment also amends the size limitations for Restaurants within IL, increasing it from 2 1/2 acres to 5 acres. • Prior to this amendment a future land use map amendment was required for a utility/infrastructure use in excess of 10 acres. After the amendment, future land use map amendments will be required for utility/infrastructure uses in excess of 5 acres. • Manufacturing uses in the IRT district are limited consistent with the Countywide Plan Rules. • Outdoor recreation/entertainment uses in OSR are limited to golf courses and clubhouses. Article 3 - Development Standards ¦ Docks (Pages 22 - 24 of Ordinance) This amendment sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to Community Development Board - August 18, 2009 TA2009-01002 - Page 4 0 0 no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered through a Level Two approval process to minimize impacts for environmental, navigational or recreational area issues. ¦ Lighting within Sea Turtle Nesting Areas (Page 28 and 29 of Ordinance) This amendment establishes lighting standards for light sources on Clearwater Beach and Sand Key. The proposed standards include the consideration of positioning and the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. ¦ Parking Garage and Parking Lot Design Amendments (Pages 29 - 32 of Ordinance) This amendment provides additional design standards for parking garages. The amendment establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. The amendment also addresses parking space design when columns project into a space. The amendment includes stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps. The amendment removes minimum distances between rights-of-way and the first parking space in a parking lot. Article 4 - Development Review and Other Procedures ¦ Hearing Officer Appeals (Page 33 of Ordinance) As requested by the Legal Department, this amendment updates the appropriate method of recording Community Development Board meetings from audiotape recordings to streaming video available on the City's website. Additionally, the time allowed for filing a motion to supplement the record is extended from 10 days to 30 days. ¦ Transfer of Development Rights (Page 33 and 34 of Ordinance) These amendments expand requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments address consistency of use characteristics between sending and receiving parcel plan categories, restrictions on TDRs associated with the coastal storm area, and Community Development Board - August 18, 2009 TA2009-01002 - Page 5 0 0 development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Other Amendments Proposed Ordinance 8043-09 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: • Providing for an increased level of consistency among the Code, other law or rules, including the Countywide Plan Rules and the Countywide Future Land Use Map; • Clarifying the application of the sight visibility triangle by replacing images and removing language that was unclear and applying the sight visibility triangle to all waterfront properties; • Establishing a buffer requirement within the Transportation/Utility future land use category when lands are adjacent to another land use category other than Industrial General or Industrial Limited; • Replacing graphics to clarify City requirements for site lighting; and • Amending the definitions section with regard to "retail sales and services" and "vehicle sales/displays" to allow the sale, retail and/or repair of bicycles within the Commercial District, correcting the definition for "floor area ratio", and including definitions for "beach access point", "Clearwater Beach", "deflected light", "gross land area" and "Sand Key". CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, and objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Community Development Board - August 18, 2009 TA2009-01002 - Page 6 0 0 Policy H.1.1.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. The proposed amendments include the addition of language ensuring the City's Zoning Atlas will be consistent with the Countywide Future Land Use Map. Additional language is proposed within each zoning district to reinforce consistency with the Countywide Plan Rules. Further limitations to any uses are proposed consistent with the Countywide Plan Rules. Objective A.6.6 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 A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed amendments provide for enhanced parking requirements for overnight accommodations within the Tourist District, and establish flexible criteria for hotels depending on room size. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Objective E.2.2 Clearwater's barrier islands include natural resources which shall be preserved from encroachment and development. Policy F.1.3.5 Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. The proposed amendments include lighting standards intended to increase the protection of sea turtles nesting on area beaches. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. Community Development Board - August 18, 2009 TA2009-01002 - Page 7 0 0 SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will 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. 8043-09 that amends the Community Development Code and the Code of Ordinances. Prepared by Planning Department Staff: Lauren Matzke, Planner III ATTACHMENTS: ? Ordinance No. 8043-09 S. (Planning Departmen6Community Development Code12009 Code Amendments7A2009-01002 - Code V PPC ConsistencylStaffReportlDraftslOrd No 8043-09 Code V - Revised CDB Staff Report REV 7-31-09.docx Community Development Board - August 18, 2009 TA2009-01002 - Page 8 CDB Meeting Date: August 18, 2009 Case: TA2009-01002 Ordinance No.: 8043-09 Agenda Item: E2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT REQUEST: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights. UPDATE: The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of June 16, 2009. The Board unanimously recommended the amendment for approval, with exception to the sections addressing docks, site visibility triangles, and design standards for parking lots and parking garages. The Planning Department recommended to the City Council that action be taken on the ordinance as proposed. The Island Estates Neighborhood Plan Objective 2.a. states "Preserve water views by restricting the height of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles." The existing Community Development Code language is consistent with this Plan. Additionally, proposed language addressing parking space design where columns adjoin a space is intended to clarify existing Section 3-1402.A which states "... Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls or other site conditions impede maneuverability or vision." This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. Community Development Board - August 18, 2009 TA2009-01002 - Page 1 0 0 This change was substantive and required a change to the ordinance title, and is therefore being brought back to the Community Development Board for review. Council is seeking comment and recommendation by the Board on the new Dock provisions (see pages 23-26 of revised Ordinance 8043-09). The ordinance has been revised to reflect the Council's recommendation; however, the staff report has not been changed. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks that serve single-family or two-family dwellings: • Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3- 601.C.1.b). • Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.l.g.iv). Commercial Docks: • Establishes maximum length of 250 feet and limited the distance tie poles can project beyond docks (Section 3- 601.C.3.h.ii). • Includes additional requirements for deviation requests, such as incorporating language similar to the County's variance criteria (Section 3-601-C.3.i). • Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601- C.31vi). INITIATED BY: City of Clearwater Planning Department BACKGROUND: Countywide Plan Rules Article 3, Division 3.2, require that land development regulations be consistent with the criteria and standards set forth in the Countywide Rules. In keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed community development codes of all Pinellas County municipalities to compare their Community Development Board - August 18, 2009 TA2009-01002 - Page 2 codes with the Countywide Plan Rules. These reviews resulted in consistency reports indicating areas of the Code that may be inconsistent with the Countywide Plan Rules. The Planning Department met with PPC staff to review the Clearwater Consistency Report and come to an agreement as to which amendments were necessary to address the PPC's concerns. These amendments address those consistency issues as well as other issues identified as part of the annual code update process. Suggested amendments have been collected from the Planning Department, Engineering Department, Marine and Aviation, and the City Attorney's Office. Staff discussions occurred to make certain that the amendments are workable and not in conflict with other City codes and processes. The amendments improve the administration of the Code or regulations imposed, in order to better reflect City development patterns and improve internal processes. ANALYSIS: The Planning Department is recommending a total of 45 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided herein, and a complete summary of amendments is attached. Also attached is Ordinance No. 8043-09 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zoning Districts ¦ Permitted Uses Location (Chart 2-100 of Ordinance, Pages 14,15, 20, 21 and 22) Ordinance No. 8043-09 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what uses are permitted and where they are permitted. The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable Level One permitted use in the Institutional and Preservation Districts. Public Transportation Facilities are proposed to be removed as an allowable Level One permitted use in the Open Space/Recreation zoning district. These proposed changes ensure the districts' uses are consistent with the Countywide Plan Rules. ¦ Overnight Accommodations in the Tourist District (Pages 10 and 12 of Ordinance) Community Development Board - August 18, 2009 TA2009-01002 - Page 3 These amendments change the parking requirement for proposed Overnight Accommodation projects within the Tourist District. The Flexible Standard Development or Level One parking requirements for Overnight Accommodations use is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to 1.2 spaces per unit is established for parking requirements for Overnight Accommodations permitted through the Flexible Development or Level Two process in the Tourist District, and flexible criteria addressing the same are added. The amendments will ensure that overnight accommodations will provide adequate parking for both guests and employees of the hotels, and were based on Institution of Transportation Engineers (ITE) standards for resort hotels. ¦ Use Limitations (Pages 16 - 20 of Ordinance) This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the Countywide Plan Rules. • In the IRT district, office, vehicle service, vehicle sales/display, and major vehicle sales/displays uses in the Industrial General (IG) future land use designation are allowed only as accessory uses. • Prior to this amendment the existing size limitation for vehicle services uses in the Industrial Limited (IL) future land use designation applied to vehicle service uses. This amendment will limit size for major vehicle sales/displays in both the IL and IG land use designations and vehicle service in IL. • This amendment also amends the size limitations for Restaurants within IL, increasing it from 2 %2 acres to 5 acres. • Prior to this amendment a future land use map amendment was required for a utility/infrastructure use in excess of 10 acres. After the amendment, future land use map amendments will be required for utility/infrastructure uses in excess of 5 acres. • Manufacturing uses in the IRT district are limited consistent with the Countywide Plan Rules. • Outdoor recreation/entertainment uses in OSR are limited to golf courses and clubhouses. Article 3 - Development Standards ¦ Docks (Pages 22 - 24 of Ordinance) This amendment sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to Community Development Board - August 18, 2009 TA2009-01002 - Page 4 no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered through a Level Two approval process to minimize impacts for environmental, navigational or recreational area issues. ¦ Lighting within Sea Turtle Nesting Areas (Page 28 and 29 of Ordinance) This amendment establishes lighting standards for light sources on Clearwater Beach and Sand Key. The proposed standards include the consideration of positioning and the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. ¦ Parking Garage and Parking Lot Design Amendments (Pages 29 - 32 of Ordinance) This amendment provides additional design standards for parking garages. The amendment establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. The amendment also addresses parking space design when columns project into a space. The amendment includes stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps. The amendment removes minimum distances between rights-of-way and the first parking space in a parking lot. Article 4 - Development Review and Other Procedures ¦ Hearing Officer Appeals (Page 33 of Ordinance) As requested by the Legal Department, this amendment updates the appropriate method of recording Community Development Board meetings from audiotape recordings to streaming video available on the City's website. Additionally, the time allowed for filing a motion to supplement the record is extended from 10 days to 30 days. ¦ Transfer of Development Rights (Page 33 and 34 of Ordinance) These amendments expand requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments address consistency of use characteristics between sending and receiving parcel plan categories, restrictions on TDRs associated with the coastal storm area, and Community Development Board - August 18, 2009 TA2009-01002 - Page 5 0 0 development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Other Amendments Proposed Ordinance 8043-09 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: • Providing for an increased level of consistency among the Code, other law or rules, including the Countywide Plan Rules and the Countywide Future Land Use Map; • Clarifying the application of the sight visibility triangle by replacing images and removing language that was unclear and applying the sight visibility triangle to all waterfront properties; • Establishing a buffer requirement within the Transportation/Utility future land use category when lands are adjacent to another land use category other than Industrial General or Industrial Limited; • Replacing graphics to clarify City requirements for site lighting; and • Amending the definitions section with regard to "retail sales and services" and "vehicle sales/displays" to allow the sale, retail and/or repair of bicycles within the Commercial District, correcting the definition for "floor area ratio", and including definitions for "beach access point", "Clearwater Beach", "deflected light", "gross land area" and "Sand Key". CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected. list of goals, policies, and objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Community Development Board - August 18, 2009 TA2009-01002 - Page 6 Policy H.1.1.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. The proposed amendments include the addition of language ensuring the City's Zoning Atlas will be consistent with the Countywide Future Land Use Map. Additional language is proposed within each zoning district to reinforce consistency with the Countywide Plan Rules. Further limitations to any uses are proposed consistent with the Countywide Plan Rules. Objective A.6.6 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 A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed amendments provide for enhanced parking requirements for overnight accommodations within the Tourist District, and establish flexible criteria for hotels depending on room size. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Objective E.2.2 Clearwater's barrier islands include natural resources which shall be preserved from encroachment and development. Policy F.1.3.5 Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. The proposed amendments include lighting standards intended to increase the protection of sea turtles nesting on area beaches. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. Community Development Board - August 18, 2009 TA2009-01002 - Page 7 SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will 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. 8043-09 that amends the Community Development Code and the Code of Ordinances. Prepared by Planning Department Staff: Lauren Matzke, anner III ATTACHMENTS: ? Ordinance No. 8043-09 S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 -Code V PPC ConsistencylStaff ReportlDraftslOrd No 8043-09 Code V - Revised CDB Staff Report REV 7-31-09. docx Community Development Board - August 18, 2009 TA2009-01002 - Page 8 ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.6, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR -1- Ordinance No. 8043-09 0 0 NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.13, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 0 0 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR. MHDR HDR MHP C I T D O l IRT OSR P GRNGOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings x X X X X X X Community residential homes x X X X X X X X Detached dwellings x X X X X X X X Mobile homes X Mobile home arks x Residential infill projects x X X X X X X Nonresidential Adult uses X X it ort X Icoholic beverage sales X X X -3- Ordinance No. 8043-09 01 0 Animal grooming and or boarding x X X Assisted living facilities x X X X Automobile service stations x X Cemeteries x Comprehensive infill redevelopment project CIRP X X X X X X X Congregate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfway houses x Hospitals x Indoor recreation/entertainment x X X X Li ht assembly x Manufacturing x Marinas x Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nigh clubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursin homes x X X X Offices x X X X X X Off-street parking x X Open space x Outdoor recreation/entertainment x X x x X x Outdoor retail sales, display and/or storage X X Overnight accommodations x X X X X X X X x Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship x X X X Problematic uses x Public facility X X Publishing and printing x Public transportation facilities x X X X X X X x Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services X X X X X X X X RV arks x Salvage yards x Schools x X X X X X X Self-storage warehouse x X Sidewalk vendors X X -4- Ordinance No. 8043-09 Social and community centers x X X X Social/ public service agencies x X X X Telecommunications towers x X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, ma or X Vehicle service x Vehicle service, limited x Vehicle service, major x Veterinary offices x X X X Wholesale/distribution/warehouse acility x Section 3. That Article 2, "Zoning Districts", Division 1, "Low Density Residential District ("LDR")", Section 2-101.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-101.1. Maximum development potential. The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreaoe or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate I dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDR")", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 Section 2-201.1. Maximum development potential. • The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR,District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, iincluding any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR.65 T acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including anv acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Maximum Dwelling Maximum Floor Area Countywide Future Land Units per Acre of Land Ratio/Impervious Surface Use Designation Ratio Residential Urban 7.5 dwelling units per FAR AWISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 • 0 Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Ratio/Impervious Surface Land Use Designation Units per Acre of Land Ratio Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR.60/ISR .85 acre Section 7. 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 uses and 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 of the property, including any acreaae or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Ratio/Impervious Surface Land Use Designation Units per Acre of Land Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 acre -7- Ordinance No. 8043-09 0 0 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, includinq anv acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR.50/ISR .75 Medium acre Section 9. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55/ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 50 units per acre acre -8- Ordinance No. 8043-09 • • Section 10. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. 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 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 Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort FAR 2.0/ISR.95 FAR acre and Facilities 30 dwelling FAR LOASR.95 FAR 3.0/ISR.95 1.0/ISR 50 three acres: High units per acre FAR 4.0/ISR .95 .95 90 Greater than three acres: 110 * 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. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards Min Lot Min. Max. Use . Area Lot W d h (1) Height Min. Setbacks Density Min. Off-Street Parking (s9 ft) i t (ft.) (f) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a units acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 Attached Dwellings 10,000 100 35--50 I? 10 I0__ 20 30 units/acre 2 per unit Governmental Uses (2) 10,000 100 35--50 10-- 15 0-- 10 10-- 20 n/a 3-4/1,000 GFA Indoor 5 000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment , 100 10 Medical Clinic 10,000 100 30--50 1? 10 20 20 2--3/1,000 GFA 50-- 0-- 10-- 30 Based upon use Mixed Use 10,000 100 35--50 0 -IS 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking 10-- 0-- 10-- 3--4 spaces per 1,000 Offices 10,000 100 35--50 15 10 20 n/a GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor 5 000 50 35 10 10 20 n/a determined by the Recreation/Entertainment , 15 community development director based on ITE Manual standards Overnight 20 000 100- 35--50 10-- 0-- 10-- 40 1.2 4- per unit Accommodations , -150 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 125 10 20 n/a n/a 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 ?a the community Facilities development coordinator based on ITE Manual standards Public Transportation n/a n/a ] 0 ' n/a n/a n/a n/a n/a Facilities (3) 5,000-- 50-- 25--35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 Restaurants 10,000 100 15 10 20 GFA 5,000-- 50-- 35 50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 Retail Sales and Services 10,000 100 -- 15 10 20 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a Facilities (4) (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. -10- Ordinance No. 8043-09 0 0 (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street Use Area h Height / Front Side Rear Density Parking (s9 ft? t t 1 (ft.) (ft)tq ?) tU ?) tq ? Alcoholic Beverage Sales 5,000 50 100 0--15 0--10 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 50-- 35-- 0--15 0--10 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; community development Redevelopment Project 40 coordinator for all rooms/acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5 000 50 35-- 0--15 0--10 ]0--20 n/a 4--5 spaces per Display , 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0--10 10--20 n/a 1 space per 2 slips Facilities 15 Mixed Use 5,000-- 50-- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 100 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10 000 100 35 0--15 0--10 10--20 n/a 3-4 spaces per , 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 5,000 50 35 5--15 0--10 10--20 n/a determined by the Recreation/Entertainment community development coordinator based on ITE Manual -11- Ordinance No. 8043-09 0 0 standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0--15 0-40 10--20 n/a 7--15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 1. Overnight accommodations. 6. Off-street parking: a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. 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; 96. 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 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 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 F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 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 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -12- Ordinance No. 8043-09 Section 2-901.1. Maximum development potential. • It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("O")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("0") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Overnight Land Use Designation per Acre of Land Ratio/Impervious Accommodations Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District ("I")", Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: -13- Ordinance No. 8043-09 0 0 Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70ASR..90 Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "I" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft) Height Min. Off-Street Parking (s9. ft) (ft.) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 20 50 .5--1 per 2 students Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1--2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 5/1000 SF ?? 4$000- - 200 4-5- - - 1 1 0,11,000 8F r and n Fee , n/En e 25- 24D--- de elo fdi ,.ter b o? n 1TC Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a Places of Worship 20,000 100 25 10 20 50 .5--1 per 2 seats Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 20 30 1 per 2 residents Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA -14- Ordinance No. 8043-09 0 0 Utility/Infrastructure n/a n/a 15-- 10 15-- n/a n/a Facilities(]) 25 20 Assisted Living Facilities 15,000-- 20,000 100 25 5 10 50 1 per 2 residents Nursing Homes 15,000 1050 25 5 15 50 1 per 2 residents Social and Community 20 000 100 15-- 10 15-- 30-40 4--5 per 1,000 GFA Center , 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 17. 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 uses and 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, -15- Ordinance No. 8043-09 • including any acreage or floor area restrictions set forth.. in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: Maximum Overnight Maximum Maximum Floor Area Ratio/ Accommodations Countywide Dwelling Impervious Surface Ratio Units Per Acre Future Land Use Units per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master development plan development plan Industrial N/A FAR.65/ISR FAR 1.5/ISR 6A5/RISR requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] FAR Industrial N/A N/A N/A .75/ISR N/A N/A General .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT'), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft) Height Min. Off-Street Parking (s9. ft.) (ft) ft) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or Recreation/Entertainment(24) 1/machine Manufacturing (3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices u 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a -16- Ordinance No. 8043-09 0 0 use)(52) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.5/1,000 SF GFA Warehouse Facility (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses when alone or added to existing contiguous like uses, and when not part of a master development plan shall not exceed five acres This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment packaging storage sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (52) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five twe and ene half acres. Any such use, alone or when added to contiguous like uses which exceed five twe and en? half acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) indeer r-eer-eatien/enteftainment uses, when al6ne er added to e is like uses, and when n t pai4 of -a maste deN,elepfnent plan, shall not exeeed five aefes. This re-stri -used in !he industy-ial Limited (1h) Countywide fatufe land use plan eategefy. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. -17- Ordinance No. 8043-09 0 L Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft .) Height Min. Off-Street Parking (s9 ft) (ft (ft) Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing (1) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(2-1) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(32) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(4-5) 5,000-- 10,000 50- 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' manager s office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Sales Area Vehicle Sales/Displays(64) Vehicle Service (6) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF GFA Grooming -18- Ordinance No. 8043-09 0 0 Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF GFA Facility *The front setback may be reduced to 15 feet for parkine 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. (l) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (24-) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (32) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed five tea acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restaufants that are aeeessaf?, or- ineidental to an), peFmit4ed tise will not fequife Flexible Standafd Developmen appheatien for- review. RestauFants leea4ed in the lb futtife land use ea4egef?,, shall net e?Eeeed twe and- one. half AMU-, Any sueh use, alone ar when added te eentigueus like tises whieh exeeed two and ene half aefes shall fequire a !- use plan amendynent te the appf ' i - I ivhieh shall inelude sueh use and all eentigueus like uses. Restaufa leeated in the 1G fidttife land use eategei?, shall be allowed only as an aeeessef-y use, leea4ed within the stfaeture4e D. Offices. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory, -19- Ordinance No. 8043-09 0 0 Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. 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 amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (s9. ft) (ft) (ft ) 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 area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a t. :?: ,.. rda- rya- rte- r?/a- W-a- Wa- 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 n/a n/a 25 10 20 n/a n/a Facilities - 20 - Ordinance No. 8043-09 B. Outdoor recreation/entertainment.- 1. The use is limited to -golf courses and clubhouses. ?J 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 22. All signage is a part of a comprehensive sign program; 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 6-5. 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 22. That Article 2, "Zoning Districts", Division 15, "Preservation District (R)", Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area -21 - Ordinance No. 8043-09 restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR .10/ISR .20 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject.to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1502. 'P" District Flexible Standard Development Standards Use Min. Lot Size (s9 f) Min. Lot Width U.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips 9HWeef 10 009- X80- 25- 4 0 - 4-5- 30- 5/10,000 sq. €E De n/En a , - - i Land Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: -22- Ordinance No. 8043-09 171 Section 3-601. Docks. C. New docks. Deviations. J The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator, provided that the proposed dock will result in no navigational conflicts. Such deviations may be approved through a Level One (flexible standard) approval process based on one of the following: Lao) The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or Lb44) The property configuration or shallow water depth precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) No dock shall be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than an additional 50 percent of the allowable length or proiect into the navigable portion of the waterway by more than 25 percent of such waterway, whichever length is less. In no case shall the length of the dock exceed 250 feet except as stipulated in Sec 3-601.C.1.g.iii and iv below. E Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. b. Length. The length of docks and boatlifts shall not exceed 25 percent of the width of the waterway or half of the width of the property measured at the waterfront property line, whichever is less, up to a maximum of 250 feet. Tie poles may extend beyond the dock, provided such poles do not project into the navigable portion of the waterway by more than an additional 50 feet or exceed 25 percent of such the width e ° waterway, whichever is less, and do not constitute a navigational hazard. - 23 - Ordinance No. 8043-09 9 0 iii Deviations in excess of 250 feet may be approved through a Level Two (flexible development) approval process only under the following conditions: (a) A dock of lesser length poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and (b) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property; and (c) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property; and (d) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. iv) Docks located on the east side of Clearwater Harbor adiacent to the mainland may be allowed to deviate from the length requirements specified in Section 3-601.C.1.b up to a maximum length equal to 25 percent of the navigable portion of the waterway. 2. Multi-use docks. A multi-use dock, which is any dock owned in common or used by the residents of a multi-family development, condominium, cooperative apartment, mobile home park or attached zero lot line development shall be permitted as a Level One (minimum standard) use provided such dock is less than 500 square feet in deck area and complies with the dimensional standards set forth in Section 3-601.C.3.h. (c){3}(h). Deviations to the dimensional standards for multi-use docks may be reviewed and approved in accordance with Section 3-601.C.1.g. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency, or anv multi-use dock with a deck area exceeding 500 square feet which shall be treated as a commercial dock. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Ceommunity Ddevelopment Bboard (CDB). Any multi use desk with a clerk 're' evneeclinn -nn one lore feet shall he All commercial docks shall be reviewed for compliance with the following criteria. b. Impacts on existing water recreation activities. The userhee proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude k eF e - 24 - Ordinance No. 8043-09 0 0 d+ssaurage the existing uses of the adjacent waterway. Such by uses include inGluding but are not limited to non-motorized boats and motorized boats. h. Dimensional standards. *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line, up to a maximum of 250 feet. Tie poles may extend beyond the dock provided such poles do not project into the waterway by more than extend 25 percent of such the width ef waterway and do not constitute a navigational hazard. *********** i_ 4 Deviations. Applications for dBeviations to the dimensional standards set forth in Section 3-601.C.3.h fF"" the req i-m°nts of this seGtmay be GGRsideFed approved by the Csommunity Ddevelopment Bboard through a Level Two (flexible development) approval process based on the following; in e,deF to i) A dock of lesser lenqth poses a threat to the marine environment, natural resources, wetlands habitats or water quality; and ii) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - q; and iii) A literal enforcement of the provisions of this section would result in extreme hardship due to the unique nature of the project and the applicant's property; and iv) The deviation sought to be granted is the minimum deviation that will make possible the reasonable use of the applicant's property; and v) The granting of the requested deviation will be in harmony with the general intent and purpose of this section and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare; and vi) No dock shall be allowed to deviate from the length requirements specified in Section 3-601.C.3.h by more than an additional 50 percent of the allowable length or to project into the navigable portion of the waterway by more than -25- Ordinance No. 8043-09 25 percent of such waterway, whichever length is less, except for those docks located on the east side of Clearwater Harbor adjacent to the mainland, which shall be allowed to deviate up to a maximum length equal to 25 percent of the navigable portion of the waterway. j. Covered boatlifts. Covered boatlifts are permitted provided a permanent and solid roof deck is constructed with material such as asphalt shingles, metal, the or wood. Canvas and canvas like roof materials are prohibited. Vertical sidewalls are prohibited on any boatlift or dock. ki. Publicly owned facilities. Roof structures shall be permitted on publicly owned boardwalks, observation platforms, elevated nature trails and other such structures not intended for use as a dock facility, however, vertical walls shall be prohibited. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway landscaping may be installed which will obstruct views above grade and eight feet above grade within the described in the following figure. -26- intersections, no structure or at a level between 30 inches sight visibility distaHGe triangle Ordinance No. 8043-09 • Remove existing graphic and replace with the following graphic. RIGHT OF WAY NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30" IN HEIGHT PROPERTY LINE (TYPICAL) E 20'> H < 20 o...?J 120? 20. SIGHT VISIBILITY TRIANGLE 20• A H H (? M STRUCTURE ?-? -l'1 C 4 Sight Visibility Triangle B. To enhance views of the water from Fesadent4 waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure, except as otherwise allowed in Article 3 Division 8 the 45 ang4e 4nne Remove existing graphic and replace with the following graphic. NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED. OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHTV WATER H f °? 120 PROPERTY LINE (TYPICAL) STRUCTURE PROPERTY LINE, SEAWALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY H 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions -27- Ordinance No. 8043-09 0 9 Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-907. Buffers provided for purposes other than landscaping V" A. Vegetative buffer adiacent to preservation district or iurisdictional wetlands 1.A- A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.9-. The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.G No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.D-. Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adiacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. -28- Ordinance No. 8043-09 Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(6), whichever is less. -29- Ordinance No. 8043-09 • 35'- n I.._..._........... _..-.......... . cut-off fixtures 2 • Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. i i S C7 W S X Q Tv?s?g+-E ?°v?TM?su?'E UGN '. -- PEAK cAND1E Po ?R r Non-cut-off Fixtures *********** D. Sea turtle nesting areas. To the exteRt possible, Re light withiR 300 feet shall be Visible Those -areas wer-e seG F*ty and p Ahlir safety FegtAire lightiR "URderstaRdiRg, Assessing, and ReselViRg Light- Pollution " `1 the most therough solution praGt*Gal. -30- Ordinance No. 8043-09 0 0 In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach, the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Liaht fixtures shall be designed and/or positioned such that thev do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures, landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existinq lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: -31- Ordinance No. 8043-09 0 0 1. In addition to the other requirements of this section, parking garages shall comply with the following: 1 The minimum clear height throughout the garage shall be TO" and shall be 8' 2" for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2 Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. 3 Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society (IES) standards. 4 Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space Such projection shall not encroach into the corner of a parking space by more than one foot in any direction front to back or side to side as shown in the following figure. Add the following graphic. O X I Q COLUMN AT FRONT OF PARKING SPACE a = TYPICAL SPACE WIDTH 5 Where parking spaces abut a wall a column not located consistent with subsection 4 above or any other obstruction one-foot of additional width shall be added to the parking space as shown in the following figure. -32- Ordinance No. 8043-09 • Add the following graphic. MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE 9 - TYPICAL SPACE MOTH 0 6. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 8. Wheel stops shall not be used in parking garages. 9. Whenever access control equipment or barrier gates are used at the entrance to a parking garage a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier gate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ram with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 11. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 12. A minimum oftwo entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6'4" wide by 22' long. b. Islands without cashier booth: 3'6" wide by 18' 3" long. *********** - 33 - Ordinance No. 8043-09 • Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. B. Stacking spaces: Provisions must be made for stacking and transition of,incoming traffic from a public street, such that traffic may not back-up into the public street system. i . The m*n*mwn distaRGe between a state Fight of way and the fiFst paFking spare er aisleway in a parking lot shall be as outlined in the fellewiRg ta 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 36. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. -34- Ordinance No. 8043-09 • Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date a+A 1 hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 4-0 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. 5. For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. -35- Ordinance No. 8043-09 0 0 a Transfer of development rights may be sent from vacant and/or existing developed parcels. ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cd. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. ds. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no' limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6 Where density/intensity cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights E The use of transferable development rights shall be consistent with the following: 4 There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. Section 34. 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: Section 8-102. Definitions. 36 Ordinance No. 8043-09 Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. Clearwater Beach means that portion of land Ivina in the Citv of Clearwater. Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel: bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates: bounded on the south by the Clearwater Pass Channel: bounded on the west by the Gulf of Mexico Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land #leer area. Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel: bounded on the east by the Clearwater Harbor: bounded on the south by the City of Clearwater City Limits: bounded on the west by the Gulf of Mexico. Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of biEyE;4es, mopeds; and/or motorcycles and excluding service of such vehicles. -37- Ordinance No. 8043-09 0 - 0 Section 33. 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 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -38- Ordinance No. 8043-09 9 0 Resume Lauren Matzke 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke(a),myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. C • Planner Florida Planning and Development Lab Tallahassee, FL • August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1988 ASSOCIATION MEMBERSHIP American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) • c: PROPOSED AMENDMENT TO ORDINANCE NO. 8043-09 Section 3-601. Docks. C. New docks. *********** Docks, boatlifts and service catwalks that serve single-family or two- family dwellings. *********** g. Deviations. i) The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator through a Level One (flexible standard) approval process based on one of the following: (a) The proposed dock will result in no navigational conflicts (b)The proposed dock location needs to be adjusted to protect environmentally sensitive areas; or (c)The property configuration precludes the placement of a dock in compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) In no case shall a dock located on the east side of Clearwater Harbor adjacent to the mainland be allowed to deviate from the length requirements specified in Section 3-601.C.1.b to exceed 25 percent of the width of the waterway. Docks adjacent to all other properties shall not deviate from those length requirements by more than an additional 50 percent of the allowable length or 25 percent of the width of the waterway, whichever is less. In ne ^n°e shall a dGGk he allowed to rleyinte from the length req iirernents n reified it the .. rnten..nv .. rhinhever is less • • *********** 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Community Development Board (CDB). Any multi-use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. *********** v) Deviations. Applications for deviations to the dimensional standards set forth in Section 3-601.C.3.h may be approved by the community development board through a Level Two (flexible development) approval process based on (a) and (b) below. No other deviation is permitted. (a) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3- 601.C.3.b - g; and (b) In no case shall a dock located on the east side of Clearwater Harbor adiacent to the mainland be allowed to deviate from the lenqth requirements specified in Section 3-601.C.3.h to exceed 25 percent of the width of the waterway. Docks adjacent to all other properties shall not deviate from those length requirements by more than an additional 50 percent of the allowable length or 25 percent of the width of the waterway, whichever is less. In no case eq shall specified in 3 601 r h by mere than 50 per?ea 9F 25 peFGept of the width of the ateoNay, il'?'ihieheyer is less *********** 2 0 0 Clearwater U To: Michael Delk, Planning Director From: Gina L. Clayton, Assistant Planning Director Date: July 10, 2009 RE: Responses to City Council Questions Regarding Code V On June 181h we conducted one-on-one meetings with City Council members to discuss proposed amendments to the Community Development Code contained in Ordinance No. 8043-09 (PPC Consistency Amendments), as well as those contemplated for the Tourist District related to resort dwellings and hotel accessory uses (Ordinance No. 8044-09). Council members had questions regarding potential impacts of certain provisions, as well as requested additional information to assist in understanding the issues. In an attempt to provide all Council members with the same information, this memo addresses all requests we received regarding Ordinance No. 8043-09, which is scheduled for first reading on July 16`h. Another memo will be forthcoming to address questions associated with Ordinance No. 8044-09, which is scheduled for first reading on August 20th. Below please find the various questions/requests organized by topic/issue. Docks What is the length of the Coast Guard dock on Sand Key? It is estimated to be 260 feet in length. Existing Code standards would allow a dock 238 feet in length. What length of dock could be built on the Marriott Sand Key property? The Community Development Code permits commercial and multi-use dock lengths to equal 75% of the property width measured at the waterfront property line. Based on the width of the Marriott property (1120 feet) an 840 foot long dock could be constructed. However, the Pinellas County Water and Navigation Control Authority limits all docks to 300 feet unless a variance is granted. The variance criteria are as follows: 1. A literal enforcement of the provisions of this article (Section 166-241 - 166-364) would result in extreme hardship due to the unique nature of the project and the applicant's property; 2. The variance sought to be granted is the minimum variance that will make possible the reasonable use of the applicant's property; and 3. The granting of the requested variance will be in harmony with the general intent and purpose of this article and will not be injurious to the area involved or otherwise detrimental or of adverse effect to the public interest and welfare. How far out would docks have to go to reach a reasonable water depth along Clearwater Harbor (Harbor Oaks to Old Clearwater Bay)? Would proposed dock deviation limitations preclude property owners from having docks in this area? Certain areas along the east side of Clearwater Harbor adjacent to the City's mainland have shallow water depths and significant sea grass beds making it difficult to accommodate docks. The Planning Department did a limited survey of property south of the Downtown Core and in the vicinity of Sunset and Venetian Point Drives to determine existing dock lengths and potential dock lengths based on the proposed 50% deviation limit. The survey also included property in the Clearwater Beach Marina District. Additionally staff has obtained aerial photographs that illustrate these issues near Sunset Point Road and along Osceola Avenue. Based on the information obtained, the Planning Department will recommend that the proposed dock provisions be revised on first reading to exclude the area on the east side of Clearwater Harbor adjacent to the City's mainlainfrom the 50% deviation limit. Sight Visibility Triangle Does the Island Estates Neighborhood Plan address site visibility triangles? Goal 2 of the Plan states: To maintain safety, views, access and water quality along the Island Estates waterfront. Objective 2.a. states: Preserve water views by restricting the height of fences and structures in the waterfront yard and by maintain established side building setbacks, rear building setbacks and site triangles. Parking Garages Would the Parking Division support having public parking garages open 24 hours a day on Clearwater Beach? Yes. The beach garage pro formas have assumed a revenue stream based on a 7 day a week, 24 hours a day occupancy. Would the Parking Division support the expanded parking column provision (see Section 29 of Ordinance No. 8043-09 proposed Code Sections 3-140.14 and S) for public parking garages only? 2 • The Parking Division would require publicly owned parking garages to meet this proposed standard. Please note that existing Community Development Code Section 3-1402.A states ".. . . . Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls or other site conditions impede maneuverability or vision." The proposed amendment further clarifies how to achieve that and is based on two parking design and planning references: The Dimensions of Parking - 4rh Edition published by the Urban Land Institute and Parking Structures, 3'd Edition, Planning, Design, Construction, Maintenance and Repair by Chrest, Smith, Monahan, Bhuyan and Igbal. Additionally the cities of Coral Gables, Miami and Miami Beach have adopted this standard and the City of Orlando is actively working to incorporate this standard. Attachments: Dock Length Com Aerial Photograph Aerial Photograph Aerial Photograph Aerial Photograph Darison Table Low Tide at Stevenson's Creek - Docks Along Sunset - Low Tide Along Osecola - Dock Information for East Shore Drive 3 Comparison of Existing Docks Clearwater, FL Proposed Width of Maximum Waterfront Allowable Length of Deviation Property Line Dock Existing (base length + Address Existing Use (ft) Length* (ft) Dock(s) (ft) 50%) (ft) EAST SHORE / MARINA DICTRICT 401 East Shore Hotel 60 45 240 67.50 403 East Shore Hotel 65 48.75 68 73.13 405, 409 East Shore Vacant 125 93.75 59;60 140.63 411 East Shore Vacant 175 131.25 85 196.88 419 East Shore Commercial 75 56.25 265 84.38 423, 425, 441 East Shore Hotel 199 149.25 58;60;62 223.88 Vacant + 443, 463 East Shore Hotel 315 236.25 124;60 354.38 471, 473 East Shore (one parcel) Commercial 120 90 249 135.00 Attached 475 East Shore Dwellings 60 45 60 67.50 66 and Attached smaller 479 East Shore Dwellings 120 60 docks 90.00 Attached 483 East Shore Dwellings 136 102 65 153.00 Attached 525 Mandalay Dwellings 515 386.25 323 579.38 HARBOR OAKS Parking & 1106 S Druid Office 185 138.75 None 208.13 Vacant & SF 1100, 1104 S Druid Residential 173 86.5 None; 74 129.75 1020 S Druid SF Residential 163 , 81.5 None 122.25 * Residential Docks = 50% width of waterfront property line Pg 1 of 3 Multi-Use and Commercial Docks = 75% width of waterfront property line 07-10-2009 I • Comparison of Existing Docks Clearwater, FL • ddress xisting Use Width of Waterfront Property Line (ft) Allowable Dock Length* (ft) Length of Existing Dock(s) (ft) Proposed Maximum Deviation (base length + 50%) (ft) 205 Magnolia SF Residential 105 52.5 47 78.75 208 Magnolia SF Residential 96 48 72 72.00 906 S Druid SF Residential 93 46.5 53 69.75 902 S Druid SF Residential 94 47 50 70.50 820, 802 S Druid SF Residential 400 200 36;43 300.00 283 Spottis Wood Ct Common Area 240 180 300 270.00 277 S Druid SF Residential 97 48.5 None 72.75 288 S Druid SF Residential 99 49.5 None 74.25 608, 610 Lime Vacant 125 62.5 None 93.75 602 Lime Attached Dwellings 91 68.25 None 102.38 15 Turner Attached Dwellings 95 71.25 None 106.88 55 Rogers Attached Dwellings 310 232.5 None 348.75 80 Rogers Attached Dwellings 163 122.25 None 183.38 SUNSET DRIVE / VENETIAN POINT DRIVE 1310 Sunset & 1402 Sunset SF Residential 220 110 275 165.00 1500 Sunset SF Residential 75 37.5 222 56.25 1732 Sunset SF Residential 100 , 50 , 144 75.00 * Residential Docks = 50% width of waterfront property line Pg 2 of 3 Multi-Use and Commercial Docks = 75% width of waterfront property line 07-10-2009 4 • Comparison of Existing Docks Clearwater, FL is Proposed Width of Maximum Waterfront Allowable Length of Deviation Property Line Dock Existing (base length + Address Existing Use (ft) Length* (ft) Dock(s) (ft) 50%) (ft) 1766 Sunset Drive SF Residential 50 25 100 37.50 1824 Venetian Point SF Residential 125 62.5 24 93.75 1828 Venetian Point SF Residential 70 35 60 52.50 1855 Venetian Point SF Residential 70 35 33 52.50 1859 Venetian Point SF Residential 70 35 24 52.50 * Residential Docks = 50% width of waterfront property line Pg 3 of 3 Multi-Use and Commercial Docks = 75% width of waterfront property line 07-10-2009 DOCYi3 a" &unl?(- 4 -r i.. • 0 tod N L 1 ?" ???11 1 ?..? D low aar ecus: 1, -aw T RED TRUWGLE' ?t1?YI I / CHANNEL MARKER 671 i .. '' ?.?•11, i I--F I 1s11•t TOTAL OISTiWCE l 269' f ., a, 17. 1" 0 ... . " •..`L • , TOTAL DISTANCE I Y < / N O / ? J MI PROPOSED 10 w APPROX. LOCATION OF 1W't CHANNEL NEW DOCKS r i 7 Q Lzr •? 2 ??. "" '" °. 316•t 396.8- . 1434'# TOTAL OISTANCE f1r L,r TOTAL•ISTANC I ?3p9.4•f `?r • ; -zc ? r • ? f 360, OX OF 't ?r - T11 m STANCE ±-?' ,, • _. _ J ? '. ' ' ? •'. ?r? 1360 TOTAL ftTAI?CE Ilk YL; F dL¢ F,. - r - - 01 `1k ? r DEUEL &ASSOCIATES F4SF SHORZ RZSORT 6'-f-P4.R#,4F-•R HAROOR 4f IIMSC! 0%MAIOImC101 KI??Y ?i m.,an,..Aiw uae.iaw ,A.ewA»s uas?aA>.KUA>o„es CLEARWATER FLORIDA K ORDER 2008_13 OESGN: BAB DATE: FEBRUARY 07. 2008 DRANK: PJL SOME: 1' .200• CHECKED APC SHEET NO. 1 OF 1 Nw 24, 2008 - 9:18am X:\CAO Pmj-is\Profact9\2008\2008-13 EAST SHORE RESORT\Ewg\2008-13EEwg C?CVJ . . Uffma --?? LDw ? Jt a t-rn) OS6c4a . a x A _, ,? ,,, 0 0 TA2009-01002 Code V Ord. 8043-09 Explanation of Proposed Parking Code Changes - 2009 Current Code: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: A. Off-street parking spaces, including aisles, shall be designed in accordance with the standards identified in the following table. Parking space dimensions shall be revised where necessary to provide safe and efficient vehicular movement where columns, walls, or other site conditions impede maneuverability or vision. Proposed Changes for Parking Structures: Section 1 (4). Columns shall not encroach into the reauired area of a parkin space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parkina space by more than one-foot in anv direction. front to back or side to side as shown in the following figure Section 1 (5). Where parking spaces abut a wall, a column not located consistent with subsection 4 above, or any other obstruction, one-foot of additional width shall be added to the parking space as shown in the following figure. Explanation Section 1 (4) The proposed changes are "allowing" a column to encroach into a parking space as long as the column or obstruction is at the end of the space and encroaches no more than one-foot in any direction. Explanation Section 1 (5) The current 9' stall width requirements assume some level of encroachment into the adjacent parking space(s) in order to clear the "door swing zone" and to assist with turning movements. Good design practice for parking garages proactively addresses any encroachment into the required parking space dimensions. This is not possible when an obstruction such as a column, wall, fence, building or other physical obstruction exists. The proposed code change addresses this concern. Municipalities that have addressed this concern through their parking standards are: Coral Gables, Miami, and Miami Beach. The City of Orlando is actively working to make this change. Additionally, two (2) parking design and planning references also recommend this standard. Specifically, Urban Land Institute, The Dimensions of Parking - 4th Edition have recommended an additional ten inches (10") in width. Parking Structures, 3rd Edition, Planning, Design, Construction, Maintenance and Repair (By Chrest, Smith, Monahan. Bhuyan and Igbal) recommend 1' of additional width when an obstruction is present. • Work se lion Item #: Clearwater City Council I= o Agenda Cover Memorandum Final Agenda Item # o? 9glyArE ?? Meeting Date: 07-16-09 SUBJECT/RECOMMENDATION: APPROVE amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and PASS Ordinance No. 8043-09 on first reading. (TA2009-01002) ? and that the appropriate officials be authorized to execute same. SUMMARY: The Planning Department is proposing amendments to the Community Development Code that address areas identified as inconsistent with the Countywide Rules through the Pinellas Planning Council Consistency Report (2007). Additional issues were identified as part of the annual code update process. Other proposed amendments address these issues, including off- street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals. The amendments that present a change in current policy or a new policy issue are outlined below: ? Overnight Accommodations in the Tourist District. Increases parking requirements for Overnight Accommodations from 1.0 space per unit to 1.2 spaces per unit in Flexible Standard Development. Revises parking requirements for Overnight Accommodations from 1.0 space per unit to a range of 1.0 to 1.2 spaces per unit within the parking requirements for Overnight Accommodations use. Adds flexibility criteria for Overnight Accommodations permitted through the Flexible Development or Level Two process. ? Dock/Marina Standards. Sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. Reinforces language ensuring that docks will not create navigational conflicts through their design and placement. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered if needed to minimize impacts for environmental, navigational or recreational area issues. ? Lighting within sea turtle nesting areas. Expands existing provisions relating to lighting. Establishes lighting standards for light sources on Clearwater Beach and Sand Key. Adds requirements for positioning and/or shielding of lights so that there is no direct illumination on the beach. Minimizes lighting for pedestrian traffic at beach access points, dune crossovers, beach walkways, and piers. Requires compliance of standards prior to the issuance of a certificate of occupancy. Addresses existing lighting and Reviewed by: Originating Dept.: Costs Legal Info Srvc N/A PLANNING DEPARTMENT Total Lauren Matzke Budget N/A Public Works N/A User Dept.: Funding Source: Purchasing NIA DCM/ACM Planning Current FY Cl Risk Mgmt N/A Other Attachments: OP ORDINANCE NO. 8043-09 STAFF REPORT Other CDC Issues Summary Submitted by: City Manager None Appropriation Code: publicly owned lighting. E ? Transfer of development rights. Expands requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. Addresses restrictions on TDRs associated with the coastal storm area and development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Attached is a copy of the staff report, Ordinance No. 8043-09, a summary of the ordinance which contains further analysis and information on the proposed amendments, and research relating to proposed parking garage revisions. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of June 16, 2009. The Board unanimously recommended the amendment for approval, with exception to the sections addressing docks, site visibility triangles, and design standards for parking lots and parking garages. Specifically the Board asked that these sections be removed from this ordinance and brought back to the Board after further research and revisions. The Planning Department is recommending Council take action on the ordinance as proposed. S: IPlanning DepartmenhCommuniry Development Code12009 Code Amendments lTA 2009-01002- Code V PPC ConsistencylOrdinance No 8043-09 2009 06-19 CC Cover Memo. doc 4 9 1 0 List of Community Development Code Issues Ordinance No. 8043-09 (Revised 06/19/09) ARTICLE 1. GENERAL PROVISIONS Zoning (1) Sec. 1-109.D. Consistency. Adds language providing for an increased level of consistency among the Code, the City Future Land Use Plan and the Countywide Future Land Use Map. [Page 3 of Ordinance] ARTICLE 2. ZONING DISTRICTS District Use Cateaories Chart (2) Sec. 2 Chart. Delete Outdoor recreation/entertainment use from "I" Institutional and "P" Preservation Districts as it is not allowed. Delete Overnight accommodations use from "OSR" Open Space/Recreation District as it is not allowed. Delete Public transportation facilities use from "OSR" Space/Recreation District as it is not allowed under the Countywide Plan Rules. [Pages 3-5 of Ordinance] Division 1. Low Density Residential District ("LDR" ) (3) Sec. 2-101.1 Maximum development potential. Adds language ensuring uses and development potential within the LDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 5 of Ordinance] Division 2. Low Medium Density Residential District ("LMDR" ) (4) Sec. 2-201.1 Maximum development potential. Adds language ensuring uses and development potential within the LMDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Division 3. Medium Density Residential District ("MDR" D (5) Sec. 2-301.1 Maximum development potential. Adds language ensuring uses and development potential within the MDR district, as well as Bold indicates major policy issues. 1 Revised after 06-16-09 CDB S: (Planning DepartmentlCommunity Development Code 12009 Code AmendmentslTA2009-01002 -Code V PPC ConsistencylStaff ReporACommunity Development Code Issues Summary CC 6-19-09.docx • acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Division 4. Medium Hi Density Residential District ("MHDR' ) (6) Sec. 2-401.1 Maximum development potential. Adds language ensuring uses and development potential within the MHDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 7 of Ordinance] Division 5. High Density Residential District ("MR") (7) Sec. 2-501.1 Maximum development potential. Adds language ensuring uses and development potential within the HDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page7 of Ordinance] Division 6. Mobile Home Park ("NIBP") (8) Sec. 2-601.1 Maximum development potential. Adds language ensuring uses and development potential within the MHP district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 8 of Ordinance] Division 7. Commercial District ("C") (9) Sec. 2-701.1 Maximum development potential. Adds language ensuring uses and development potential within the C district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page.8 of Ordinance] Division 8. Tourist District ("T" (10) Sec. 2-801.1 Maximum development potential. Adds language ensuring uses and development potential within the T district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 9 of Ordinance] (11) Table 2-802 Flexible Standard Development Table. Increases parking requirements for Overnight Accommodations from 1.0 space per unit to 1.2 spaces per unit in Flexible Standard Development. [Page 10 of Ordinance] Bold indicates major policy issues. 2 Revised after 06-16-09 CDB S: (Planning Departmen6Community Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistencylstaff Report lCommunity Development Code Issues Summary CC 6-19-09.docx 0 0 (12) Table 2-803 Flexible Development Table. Revises parking requirements for Overnight Accommodations from 1.0 space per unit to a range of 1.0 to 1.2 spaces per unit within the parking requirements for Overnight Accommodations use. [Page 12 of Ordinance] (13) Sec. 2-803.I Overnight accommodations. Adds flexibility criteria for off- street parking limiting the tion of flexibility to overnight accommodations Sho than 130 room and requiring the proposed de i in a certain proximity of a public parking garage. [Page 12 of Ordinance] Division 9. Downtown District ("D") (14) Sec. 2-901.1 Maximum development potential. Adds language ensuring uses and development potential within the D District are consistent with the Countywide Plan Rules. [Page 13 of Ordinance] Division 10. Office District ("0") (I5) Sec. 2-1001.1 Maximum development potential. Adds language ensuring uses and development potential within the O district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 of Ordinance] Division 12. Institutional District (" (16) Sec. 2-1201.1 Maximum development potential. Adds language ensuring uses and development potential within the I district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 of Ordinance] (17) Table 2-1203 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 14 of Ordinance] (18) Sec. 2-1203.G Outdoor Recreation/Entertainment. Deletes flexibility criteria for outdoor recreation/entertainment uses for consistency with the Countywide Plan Rules. [Page 15 of Ordinance] Division 13. Industrial, Research, and Technology District ("IRT") (19) Sec. 2-1301.1 Maximum development potential. Adds language ensuring uses and development potential within the IRT district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Pages 15 and 16 of Ordinance] Bold indicates major policy issues. 3 Revised after 06-16-09 CDB S: (Planning DepartmentlCommunity Development Code12009 Code Amendmen&TA2009-01002 - Code V PPC Consistencylstaff ReporACommunity Development Code Issues Summary CC 6-19-09.docx 9 0 (20) Table 2-1302 Minimum Standard Development Table. Adds footnotes that Offices and Vehicle Service uses in the Industrial General future land use designation are allowed only as accessory uses. Requires future land use map amendments for Vehicle Service uses in the Industrial Limited (IL) future land use designation in excess of 5 acres. Also establishes limits to the type of manufacturing allowed in the Industrial Limited future land use designation, consistent with the Countywide Plan Rules. Existing footnotes are renumbered accordingly. [Pages 16-17 of Ordinance] (21) Table 2-1303 Flexible Standard Development Table. Establishes limits to the type of manufacturing allowed in the Industrial Limited (IL) future land use designation, consistent with the Countywide Plan Rules. Amends the size limitation for Restaurants within IL, increasing it from 2 '/2 acres to 5 acres. Requires future land use map amendments for Utility/Infrastructure uses in excess of 5 acres. Requires future land use map amendments for vehicle service, vehicle sales/display, and major vehicle sales/displays uses in IL in excess of 5 acres, and limits these same uses in Industrial General (IG) future land use designation to accessory uses. [Pages 18-19 of Ordinance] (22) Sec. 2-1303.13 Offices. Adds flexibility criteria limiting Office uses in IG as accessory. [Page 19 of Ordinance] Division 14. Open Space/Recreation District ("OSR" ) (23) Sec. 2-1401.1 Maximum development potential. Adds language ensuring uses and development potential within the OSR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page20 of Ordinance] (24) Table 2-1403 Flexible Standard Development Standards Table. Deletes Public Transportation Facilities as flexible standard use for consistency with the Countywide Plan Rules. [Page 20 of Ordinance] (25) Sec. 2-1403.13 Outdoor recreation/entertainment. Adds flexibility criteria limiting Outdoor Recreation/Entertainment uses to golf courses and clubhouses for consistency with the Countywide Plan Rules. [Page 21 of Ordinance] (26) Sec. 2-1403.13 Public transportation facilities. Deletes flexibility criteria for Public Transportation Facilities uses for consistency with the Countywide Plan Rules. [Page 21 of Ordinance] Bold indicates major policy issues. 4 Revised after 06-16-09 CDB S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentsITA2009-01002 - Code V PPC Consistency0aff ReportlCommunity Development Code Issues Summary CC 6-19-09.docx • • Division 15. Preservation District ("P") (27) Sec. 2-1501.1 Maximum development potential. Adds language ensuring uses and development potential within the P district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Pages 21 and 22 of Ordinance] (28) Table 2-1502 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] (26) Sec. 2-1502.B Outdoor Recreation/Entertainment. Deletes flexibility criteria for Outdoor Recreation/Entertainment uses for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] ARTICLE 3. DEVELOPMENT STANDARDS Division 6. Dock/Marina Standards (27) Sec. 3-601.C.1.g Deviations. Adds restrictions for deviations to length requirements for docks that serve new single-family or two- family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. Reinforces language ensuring that docks will not create navigational conflicts through their design and placement. [Page 23 of Ordinance] (28) Sec. 3-601.C.3. Commercial docks. Corrects capitalization of Community Development Board. [Page 23 of Ordinance] (29) Sec. 3-601.C.3.b Impacts on existing water recreation activities. Current use of a waterway is a consideration in the review of new commercial dock applications. Adds "tie poles" to ensure that tie poles associated with docks would not adversely impact the health, safety or well being of the use of adjacent waterways. Revises language from "hinder or discourage" to "preclude" because the existence of a dock will have some impact, but it won't necessarily prevent (preclude) the use of the waterway. [Page 24 of Ordinance] (30) Sec. 3-601.C.3.hDimensional standards. Deletes "extend" and adds "exceed" to make the language consistent with similar language in the Code. [Page 24 of Ordinance] Bold indicates major policy issues. 5 Revised after 06-16-09 CDB S: (Planning Departmen6Community Development Code12009 Code Amendments7A2009-01002 - Code V PPC ConsistencylStaff ReportlCommunity Development Code Issues Summary CC 6-19-09.docx 0 0 (31) Sec. 3-601.C.3.h Deviations. Clarifies restrictions for deviations to all dimensional standards for new commercial docks must be considered through a Level 2 approval basis and establishes further review criteria for consideration by the Community Development Board. Further clarifies that deviations only be considered to minimize impacts for environmental, navigational or recreational area issues. Additionally, deviations are limited to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. [Page 24 of Ordinance] Division 9. General Applicability Standards (32) Sec. 3-902.G Submerged lands. Adds "FAR" and "ISR" to clarify which calculations may not use submerged lands. [Page 24 of Ordinance] (33) Sec. 3-904.A Site Visibility Triangle. Delete "distance" and add "visibility" to correct the terminology. Replace graphic with better illustration of sight visibility triangle. [Page 25 of Ordinance] (34) Sec. 3-904.13 Site Visibility Triangle. Deletes "residential" to extend the application of sight visibility triangles as described in the graphic to all waterfront properties. Replace graphic with better illustration of enhanced views restrictions. [Page 26 of Ordinance] (35) Sec. 3-907 Buffers provided for pumoses other than landscaping. Adds new Section 3-907.13. creating a 10-foot buffer on land designated Transportation/Utility on the Future Land Use Map that is adjacent to all other lands other than Industrial, as required by the Countywide Plan Rules. Reconfigures existing language to allow for addition of new Section 3-907.13. and renames Section 3-907. [Pages 26 and 27 of Ordinance] (36) Sec. 3-1302.A Fixture type. Replaces graphic with better illustration of illumination cut-off angle. [Page 27 of Ordinance] (37) Sec. 3-1302.13 Location. Removes existing graphic that did not apply to this section. [Page 28 of Ordinance] (38) Sec. 3-1302.C Height. Replaces gr aphic with better illustration of Non-cut-off fixtures. [Page 28 of Ordinance] (39) Sec. 3-1302.D Sea turtle nesting areas. Replaces existing section with new language establishing lighting standards for light sources on Clearwater Beach and Sand Key to reduce potential impacts Bold indicates major policy issues. 6 Revised after 06-16-09 CDB S: (Planning DepartmentlCommunity Development Code 12009 Code AmendmentslTA2009-01002 -Code V PPC Consistencylstaff RepoMCommunity Development Code Issues Summary CC 6-19-09.docx 0 0 on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. Adds requirements for positioning and/or shielding of lights so that there is no direct illumination on the beach. Minimizes lighting for pedestrian traffic at beach access points, dune crossovers, beach walkways, and piers. Requires compliance of standards prior to the issuance of a certificate of occupancy. Addresses existing lighting and publicly owned lighting. [Page 29 of Ordinance] (40) Sec. 3-1402.I Design standards for parking lots and parking garages. Replaces existing language with expanded criteria for parking garages. Establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Requires minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. Adds criteria for parking space design when columns project into a space, including new illustrations. Sets stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps [Pages 30 through 32 of Ordinance] (41) Sec. 3-1406.13 Off-street loading and vehicle stacking spaces. Removes minimum distances between rights-of-way and the first parking space in a parking lot. [Pages 32 and 33 of Ordinance] ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 5. Appeals (42) Sec. 4-505.A Hearing Officer Appeals. Changes the appropriate method of recording Community Development Board meetings from "board reporter's audiotape recording of the hearing before the community development board" to "streaming video of the hearing posted on the city's website" to remove reference to outdated technology. Extends time allowed for filing a motion to supplement the record from 10 days to 30 days. [Page 33 of Ordinance] Bold indicates major policy issues. 7 Revised after 06-16-09 CDB S: IPlanntng DepartmentlCommunity Development Code 12009 Code AmendmentslTA2009-01002 - Code V PPC Consistency0aff RepoMCommunity Development Code Issues Summary CC 6-19-09.docx 0 0 Division 14. Transfer of Development Rights (43) Sec. 4-1402.3 Allocated Development Rights are Freely Transferrable. Adds provision to require that remaining available density/intensity be included on the special warranty deed and that available remnant use as well as density/intensity be consistent with the Comprehensive Plan, Countywide Plan Map and Rules and/or governing Special Area Plan. Adds provision that for parcels within a designated Central Business District or Community Redevelopment District, transfer of development rights may be sent from vacant and/or existing developed parcels. Establishes maximum densities/intensities of one dwelling unit per acre or five percent floor area ratio per acre to be used by the receiving parcel when transferring density from parcels designated as Preservation or Recreation/Open Space. [Pages 33 and 34 of Ordinance] (44) Sec. 4-1403.E Transfer of Development Rights. Prohibits transfers of density/intensity from outside the coastal storm area into the coastal storm area. [Pages 34 and 35 of Ordinance] ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION (45) Sec. 8-102 Beach access point. Adds definition for beach access point as follows: Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. [Page 35 of Ordinance] Clearwater Beach. Adds definition for Clearwater Beach, including the legal description, as follows: Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. [Page 35 of Ordinance] Deflected light. Adds definition for deflected light as follows: Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. [Page 35 of Ordinance] Bold indicates major policy issues. 8 Revised after 06-16-09 CDB S.' (Planning Departmen6Community Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistency0aff ReportlCommunity Development Code Issues Summary CC 6-19-09.docz 0 0 Floor area ration (FAR)_ Deletes " floor" and adds "land" to correct the method of calculating FAR. [Page 35 of Ordinance] Gross land area. Adds definition for gross land area as follows: Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. [Page 35 of Ordinance] Retail sales and services. Adds "bicycle stores (sales, rentals and/or repair)," as retail sales and services. [Page 35 of Ordinance] Sand Key. Adds definition for Sand Key, including the legal description, as follows: Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. [Page 36 of Ordinance] Vehicle sales/displays, limited. Deletes "bicycles". [Page 36 of Ordinance] Bold indicates major policy issues. 9 Revised after 06-16-09 CDB S: (Planning DeparlmentlCommunity Development Code 12009 Code Amendments7A2009-01002 - Code V PPC Consistency0aff ReportlCommunity Development Code Issues Summary CC 6-19-09.docx To: Community Development Board From: Lauren Matzke, Planner III Date: June 16, 2009 RE: Additional Amendments, Ordinance 8043-09 `'Clearwater You recently received a draft of Ordinance 8043-09 proposing amendments to the Clearwater Community Development Code. Many of these amendments are proposed to bring consistency between the Countywide Plan Rules and the Community Development Code. The Pinellas Planning Council (PPC) conducted a consistency review of Ordinance 8043-09 and determined that the proposed amendments do not fully address certain issues raised by the PPC in their original consistency report completed in 2007. The following changes to Ordinance 8043-09 address these issues raised by the PPC on June 5, 2009: ORDINANCE SECTION.2 (PAGE 4) Further amending CHART 2-100 Permitted Uses to read remove Overnight Accommodations as a permitted use in the Open Space/Recreation District. This use was removed by Ordinance 7926-08, but the chart was not updated at that time. CHART 2-100 PERMITTED USES Use Categories LDR ..MDR MDR MHDR HDR MHP C T D O 1 1 IRTI OSR1 P I CRNCODI IENCOD Nonresidential Overnight accommodations x X X X X X X X ORDINANCE SECTION 10 (PAGE 9) Adding language to Section 2-801.1 in the Tourist District regarding acreage and floor area restrictions included in the Countywide Future Land Use Plan. Similar language is proposed for 1 S:IPlanning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC ConsistencylStaff ReportlAdditional Amendments - Memo to CDB 06-16-09.docx r f • • all other zoning districts, other than the Downtown District where the Special Area Plan regulations apply. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. 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 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: ORDINANCE SECTION 18 (PAGE 17) Further amending Section 2-1302 proposed footnote (3), in the Industrial, Research and Technology District that establishes limits to manufacturing in the Industrial Limited future land use category. The additional language prohibits exterior processing and processing of equipment or materials, consistent with the Countywide Plan Rules limitations of the same. Section 2-1302. Minimum standard development. (3)ln the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. ORDINANCE SECTION 18 (PAGE 17) Further amending Section 2-1302 proposed footnote (7), in the Industrial, Research and Technology District that establishes use limitations to vehicle service uses in the Industrial General future land use category. The additional language places acreage restrictions in the Industrial Limited future land use category, consistent with the Countywide Plan Rules limitations of the same. 2 SAPlanning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC ConsistencylStaff ReportOdditional Amendments - Memo to CDB 06-16-09.docx Section 2-1302. Minimum standard development. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. ORDINANCE SECTION 19 (PAGE 18) Further amending Section 2-1303 proposed footnote (1), in the Industrial, Research and Technology District that establishes limits to manufacturing in the Industrial Limited future land use category. The additional language prohibits exterior processing and processing of equipment or materials, consistent with the Countywide Plan Rules limitations of the same. Section 2-1303. Flexible standard development. (1) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. 3 S:IPlanning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC ConsistencylStaff ReportlAdditional Amendments - Memo to CDB 06-16-09.docx r a Case: TA2009-01002 Ordinance No: 8043-09 Agenda Item: D2 • CDB Meeting Date: June 16, 2009 Case: TA2009-01002 Ordinance No.: 8043-09 Agenda Item: D2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT • REOUEST: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights. INITIATED BY: City of Clearwater Planning Department BACKGROUND: Countywide Plan Rules Article 3, Division 3.2, require that land development regulations be consistent with the criteria and standards set forth in the Countywide Rules. In keeping with this requirement, in 2007 the Pinellas Planning Council (PPC) reviewed community development codes of all Pinellas County municipalities to compare their codes with the Countywide Plan Rules. These reviews resulted in consistency reports indicating areas of the Code that may be inconsistent with the Countywide Plan Rules. The Planning Department met with PPC staff to review the Clearwater Consistency Report and come to an agreement as to which amendments were necessary to address the PPC's concerns. These amendments address those consistency issues as well as other issues identified as part of the annual code update process. Suggested amendments have been collected from the Planning Department, Engineering Department, Marine and Aviation, and the City Attorney's Office. Staff discussions occurred to make certain that the amendments are workable and not in conflict with other City codes and processes. The amendments improve the administration of the Code or regulations imposed, in order to better reflect City development patterns and improve internal processes. Community Development Board - June 16, 2009 TA2009-01002 - Page 1 C ANALYSIS: • The Planning Department is recommending a total of 45 amendments to the Community Development Code. Some amendments present a change in current policy or a new policy. Other amendments are editorial in nature or are refinements to existing Community Development Code sections. Please find below a summary of the most noteworthy proposed amendments organized by Code Article. A brief summary of other amendments is also provided herein, and a complete summary of amendments is attached. Also attached is Ordinance No. 8043-09 which includes all of the specific amendments. Within the ordinance document, text that is underlined indicates proposed language and text containing strikethroughs indicate deletions. Article 2 - Zoning Districts ¦ Permitted Uses Location (Chart 2-100 of Ordinance, Pages 14,15, 20, 21 and 22) Ordinance No. 8043-09 provides an updated summary use chart, which correctly indicates where land uses are permitted within zoning districts. This chart provides an at-a-glance understanding of what uses are permitted and where they are permitted. The Outdoor Recreation/Entertainment use is proposed to be removed as an allowable Level One permitted use in the Institutional and Preservation Districts. Public Transportation Facilities are proposed to be removed as an allowable Level One permitted use in the Open Space/Recreation zoning district. These proposed changes ensure the districts' uses are consistent with the Countywide Plan Rules. ¦ Overnight Accommodations in the Tourist District (Pages 10 and 12 of Ordinance) These amendments change the parking requirement for proposed Overnight Accommodation projects within the Tourist District. The Flexible Standard Development or Level One parking requirements for Overnight Accommodations use is proposed to increase from 1 space per unit to 1.2 spaces per unit. A range of 1 to 1.2 spaces per unit is established for parking requirements for Overnight Accommodations permitted through the Flexible Development or Level Two process in the Tourist District, and flexible criteria addressing the same are added. The amendments will ensure that overnight accommodations will provide adequate parking for both guests and employees of the hotels, and were based on Institution of Transportation Engineers (ITE) standards for resort hotels. Community Development Board - June 16, 2009 TA2009-01002 - Page 2 ¦ Use Limitations (Pages 16 - 20 of Ordinance) This amendment applies limitations to certain uses within the Industrial, Research and Technology (IRT) and Open Space/Recreation (OSR) districts, consistent with the Countywide Plan Rules. • In the IRT district, office, vehicle service, vehicle sales/display, and major vehicle sales/displays uses in the Industrial General (IG) future land use designation are allowed only as accessory uses. • Prior to this amendment the existing size limitation for vehicle services uses in the Industrial Limited (IL) future land use designation applied to vehicle service uses. This amendment will limit size for major vehicle sales/displays in both the IL and IG land use designations and vehicle service in IL. • This amendment also amends the size limitations for Restaurants within IL, increasing it from 2 '/2 acres to 5 acres. • Prior to this amendment a future land use map amendment was required for a utility/infrastructure use in excess of 10 acres. After the amendment, future land use map amendments will be required for utility/infrastructure uses in excess of 5 acres. • Manufacturing uses in the IRT district are limited consistent with the Countywide Plan Rules. • Outdoor recreation/entertainment uses in OSR are limited to golf courses and clubhouses. Article 3 - Development Standards ¦ Docks (Pages 22 - 24 of Ordinance) This amendment sets forth further restrictions for deviations to length requirements for docks that serve new single-family or two-family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. This same restriction is applied to commercial docks. Additional amendments to the commercial docks section clarify that deviations will only be considered through a Level Two approval process to minimize impacts for environmental, navigational or recreational area issues. ¦ Lighting within Sea Turtle Nesting Areas (Page 28 and 29 of Ordinance) This amendment establishes lighting standards for light sources on Clearwater Beach and Sand Key. The proposed standards include the consideration of positioning and Community Development Board - June 16, 2009 TA2009-01002 - Page 3 the use of shielding and low wattage bulbs as ways to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. , ¦ Parking Garage and Parking Lot Design Amendments (Pages 29 - 32 of Ordinance) This amendment provides additional design standards for parking garages. The amendment establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. The amendment also addresses parking space design when columns project into a space. The amendment includes stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps. The amendment removes minimum distances between rights-of-way and the first parking space in a parking lot. Article 4 - Development Review and Other Procedures ¦ Hearing Officer Appeals (Page 33 of Ordinance) As requested by the Legal Department, this amendment updates the appropriate method of recording Community Development Board meetings from audiotape recordings to streaming video available on the City's website. Additionally, the time allowed for filing a motion to supplement the record is extended from 10 days to 30 days. ¦ Transfer of Development Rights (Page 33 and 34 of Ordinance) These amendments expand requirements applicable to the transfer of development rights (TDRs) as set forth in the Countywide Future Land Use Plan. The amendments address consistency of use characteristics between sending and receiving parcel plan categories, restrictions on TDRs associated with the coastal storm area, and development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Other Amendments Proposed Ordinance 8043-09 includes a significant number of amendments that the Planning Department believes will assist residents and staff but do not have major policy implications. These amendments include: Community Development Board - June 16, 2009 TA2009-01002 - Page 4 9 9 • Providing for an increased level of consistency among the Code, other law or rules, including the Countywide Plan Rules and the Countywide Future Land Use Map; • Clarifying the application of the sight visibility triangle by replacing images and removing language that was unclear and applying the sight visibility triangle to all waterfront properties; • Establishing a buffer requirement within the Transportation/Utility future land use category when lands are adjacent to another land use category other than Industrial General or Industrial Limited; • Replacing graphics to clarify City requirements for site lighting; and • Amending the definitions section with regard to "retail sales and services" and "vehicle sales/displays" to allow the sale, retail and/or repair of bicycles within the Commercial District, correcting the definition for "floor area ratio", and including definitions for "beach access point", "Clearwater Beach", "deflected light", "gross land area" and "Sand Key". CRITERIA FOR TEXT AMENDMENTS: Code Section 4-601 specifies the procedures and criteria for reviewing text amendments. Any code amendment must comply with the following. 1. The proposed amendment is consistent with and furthers the goals, policies, objectives of the Comprehensive Plan. Below is a selected list of goals, policies, and objectives from the Clearwater Comprehensive Plan that are furthered by the proposed amendments to the Community Development Code. Policy A.2.2.8 All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. Policy H.1.1.8 The City shall coordinate with Pinellas Planning Council the definition and calculations for mixed uses, strategies regarding infill development, land assembly, land use conservations, and annexations to promote redevelopment. The proposed amendments include the addition of language ensuring the City's Zoning Atlas will be consistent with the Countywide Future Land Use Map. Additional language is proposed within each zoning district to reinforce Community Development Board - June 16, 2009 TA2009-01002 - Page 5 • consistency with the Countywide Plan Rules. Further limitations to any uses are proposed consistent with the Countywide Plan Rules. Objective A.6.6 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 A.6.6.1 The City supports and encourages the continued development and redevelopment of overnight accommodation uses. The proposed amendments provide for enhanced parking requirements for overnight accommodations within the Tourist District, and establish flexible criteria for hotels depending on room size. Objective E.2.1 The City shall continue to protect coastal wetlands, estuaries and wildlife habitats to maintain or increase the acreage for threatened and endangered species populations. Objective E.2.2 Clearwater's barrier islands include natural resources which shall be preserved from encroachment and development. Policy F.1.3.5 Adopt and continue administering regulations providing for the protection of threatened and endangered species and species of special concern. The proposed amendments include lighting standards intended to increase the protection of sea turtles nesting on area beaches. 2. The proposed amendments further the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendments include a broad range of regulations ranging from permitted uses, standards, procedures, and definitions. The proposed amendments are consistent with the provisions of Section 1-103 that lists the purposes of the Code. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will 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. 8043-09 that amends the Community Development Code and the Code of Ordinances. Community Development Board - June 16, 2009 TA2009-01002 - Page 6 0 • Prepared by Planning Department Staff: Lauren Matzke, Pl er III ATTACHMENTS: ? Ordinance No. 8043-09 ? List of Community Development Code Issues S: IPlanning Departmen6Community Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC ConsistencylStaff ReportlStaff Report 061109 - Code V.doc Community Development Board - June 16, 2009 TA2009-01002 - Page 7 Resume Lauren Matzke 100 South Myrtle Avenue Clearwater, FL 33756 727-562-4547 lauren.matzke &,,myclearwater.com PROFESSIONAL EXPERIENCE • Planner III • Planner II City of Clearwater October 2008 to present September 2008 to October 2008 Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community Development Codes by Ordinance. Prepare staff reports for the City Council and Community Development Board. -Responsible for providing informational assistance to the public and developers concerning development plans. General planning for development and redevelopment. • Senior Planner City of St. Pete Beach, FL February 2007 to September 2008 Implemented new legislative directives for Florida's growth management laws related to governments' comprehensive planning and land development regulations. Served as staff to the City Commission, Planning Board and Historic Preservation Board. Administered the land development regulations, processed future land use plan amendments and rezonings. Prepared a special area plan for the commercial district within the City's Historic District. Served as the city's representative on countywide and regional planning agency committees. Authored the City's Evaluation and Appraisal Report. Maintained the Certified Local Government requirements for the historic preservation program. • Environmental Specialist III August 2005 to February 2007 Florida Department of Environmental Protection Tallahassee, FL Served as primary reviewer of local government comprehensive plan amendments, sector plans and evaluation and appraisal reports for the northwest region of Florida. Provided comments and recommendations to the Florida Department of Community Affairs. Drafted policies and comprehensive plan language regarding natural resource protection, assisting local government representatives. Served as the Department's representative on thr Rural Economic Development Initiative (REDI) and numerous springs protection working groups. • Planner Florida Planning and Development Lab Tallahassee, FL August 2006 to December 2006 Comprehensive Plan update for the Town of St. Lucie Village, Florida. Amended the Town's Comprehensive Plan, including Goals, Objectives and Policies and Data and Analysis to bring into compliance with all changes to Florida Statutes since 1993. Performed land suitability analysis utilizing GIS to guide amendments to the Future Land Use Map. Created a complete and updated Map Series using best available data for all Elements. • Planning Intern Glatting Jackson Orlando, FL June 2005 to August 2005 Case study research and reports on transit oriented developments for City of Charlotte, NC. Identification of stakeholders for community involvement portion of transportation project. Participated in iterative design process at community and client meetings in Pennsylvania for traffic corridor redesign project. EDUCATION Master's Degree in Urban and Regional Planning, Florida State University, 2006 Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell University, 1988 ASSOCIATION MEMBERSHIP American Planning Association (2003 to Present) Florida Chapter (2003 to 2005) New York Metro Chapter (2005 to Present) ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1-109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2- 201.1, 2-301.1, 2-401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2- 1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS; MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.13, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2- 1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO CREATE ADDITIONAL REQUIREMENTS FOR -1- Ordinance No. 8043-09 • • DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.6, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. -2- Ordinance No. 8043-09 0 0 WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 1, "General Provisions", Section 1-109, "Zoning atlas", of the Community Development Code, be, and the same is hereby amended to add a new subsection D, "Consistency", as follows: Section 1-109. Zoning atlas. D. Consistency. The Zoning Atlas of the City of Clearwater shall be consistent with the City Future Land Use Plan and the provisions of the Countywide Future Land Use Map. Section 2. That Article 2, Zoning Districts, "CHART 2-100 Permitted Uses", of the Community Development Code, be, and the same is hereby amended to read as follows: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings x X X X X X Attached dwellings x X X X X X X Community residential homes x X X X X X X X Detached dwellings x X X X X X X X Mobile homes x Mobile home arks x Residential infill projects x X X X X X x Nonresidential Adult uses x X Airport x Alcoholic beverage sales x X X -3- Ordinance No. 8043-09 0- Animal grooming and or boarding x X X Assisted living facilities x X X X Automobile service stations x X Cemeteries X Comprehensive infill redevelopment project CIRP X X X X X X X Congregate care x X X X Convention center x Educational facilities x X X X Governmental uses x X X X X X Halfway houses x Hospitals x Indoor recreation/entertainment x X X X Light assembly x Manufacturing x Marinas X Marinas and marina facilities x X X X Medical clinic x X X X Mixed use x X X X Nightclubs, taverns and bars x X X X Non-residential off-street parking x X X X Nursing homes x X X X Offices X X X X X X Off-street parking x X Open space x Outdoor recreation/entertainment x X x x X x Outdoor retail sales, display and/or storage x X Overnight accommodations x X X X X X X X X Parkin garages and lots x X X X X X Parks and recreation facilities x X X X X X X X X X X X Places of worship x X X X Problematic uses x Public facility x X Publishing and printing x Public transportation facilities x X X X X X X x Research and technology use x Residential shelters x X X Restaurants x X X X X X Retail sales and services x X X X X X X X RV arks x Salvage yards x Schools x X X X X X X ,Self-storage warehouse x X Sidewalk vendors x X -4- Ordinance No. 8043-09 0 0 Social and community centers x X X X Social/ public service agencies x X X X Telecommunications towers x X X X X /radio studios x X Utility/infrastructure facilities x X X X X X X X X X X X X X X Vehicle sales/displays x X Vehicle sales/displays, limited x X Vehicle sales/displays, major x Vehicle service x Vehicle service, limited x Vehicle service, major x Veterinary offices x X X X Wholesale/d istri bution/wa rehouse facility X Section 3. That Article 2, "Zoning Districts", Division 1, "Low District ("LDR")", Section 2-101.1, "Maximum development potential", Development Code, be, and the same is hereby amended to read as follows Section 2-101.1. Maximum development potential. Density Residential of the Community The Low Density Residential District ("LDR") may be located in more than one land use category. It is the intent of the LDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the LDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreaae or floor area restrictions set forth in the Rules Concernina the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LDR District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Estate 1 dwelling unit per acre FAR.30/ISR .60 Residential Suburban 2.5 dwelling units per FAR.30/ISR .60 acre Residential Low 5 dwelling units per FAR.40/ISR .65 acre Section 4. That Article 2, "Zoning Districts", Division 2, "Low Medium Density Residential District ("LMDW)", Section 2-201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: -5- Ordinance No. 8043-09 • Section 2-201.1. Maximum development potential. • The Low Medium Density Residential District ("LMDR") may be located in more than one land use category. It is the intent of the LMDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the LMDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the LMDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor, Area Land Use Designation Units per Acre of Land Ratio/Impervious Surface Ratio Residential Low 5 dwelling units per FAR.40/ISR .65 acre Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Section 5. That Article 2, "Zoning Districts", Division 3, "Medium Density Residential District ("MDR")", Section 2-301.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-301.1. Maximum development potential. The Medium Density Residential District ("MDR") may be located in more than one land use category. It is the intent of the MDR District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land with the MDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including anv acreaae or floor area restrictions set forth in the Rules Concerninq the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the County wide Future Land Use Designations that apply to the MDR District are as follows: Maximum Dwelling Maximum Floor Area Countywide Future Land Units per Acre of Land Ratio/Impervious Surface Use Designation Ratio Residential Urban 7.5 dwelling units per FAR.40/ISR .65 acre Residential Low Medium 10 dwelling units per FAR.50/ISR .75 acre Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential/Office General 15 dwelling units per FAR.50/ISR .75 acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 acre -6- Ordinance No. 8043-09 • • Section 6. That Article 2, "Zoning Districts", Division 4, "Medium High Density Residential District ("MHDR")", Section 2-401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-401.1. Maximum development potential. The Medium High Density Residential District ("MHDR") may be located in more than one land use category. It is the intent of the MHDR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the MHDR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHDR District are as follows: Countywide Future Maximum Dwelling Maximum Floor Area Ratio/Impervious Surface Land Use Designation UnitsperAcre of Land Ratio Residential Medium 15 dwelling units per FAR.50/ISR .75 acre Residential High 30 dwelling units per FAR.60/ISR .85 acre Section 7. 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 uses and 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 of the property, including any acreaae or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the HDR District as follows: Countywide Future Maximum Dwelling Maximum Floor Area Ratio/Impervious Surface Land Use Designation Units per Acre of Land Ratio Residential High 30 dwelling units per FAR.60/ISR .85 acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 acre -7- Ordinance No. 8043-09 Section 8. That Article 2, "Zoning Districts", Division 6, "Mobile Home Park District ("MHP")", Section 2-601.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-601.1. Maximum development potential. The Mobile Home Park District ("MHP") may be located in more than one land use category. It is the intent of the MHP District that development be consistent with the Countywide Future Land Use Plan as required by State law. The uses and development potential of a parcel of land within the MHP District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the MHP District are as follows: Countywide Maximum Dwelling Maximum Floor Area Future Land Use Units per Acre of Land Ratio/Impervious Surface Designation Ratio Residential Low 10 dwelling units per FAR.50/ISR .75 Medium acre Section 9. 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 uses and 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, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the C District are as follows: Maximum Dwelling Maximum Floor Area Overnight Countywide Future Units per Acre of Ratio/ Accommodations Land Use Designation Land Impervious Surface Units per Acre Ratio Commercial Neighborhood 10 dwelling units per FAR.40/ISR .80 N/A acre Commercial Limited 18 dwelling units per FAR.45/ISR .85 30 units per acre acre Commercial General 24 dwelling units per FAR.55/ISR .90 40 units per acre acre Residential/Office/Retail 18 dwelling units per FAR.40/ISR .85 30 units per acre acre Resort Facilities High 30 dwelling units per FAR 1.0/ISR .95 50 units per acre acre -8- Ordinance No. 8043-09 • Section 10. 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 uses and 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 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 Dwelling Units Maximum Floor Area Ratio/ Impervious Surface Ratio Maximum Overnight Accommodations Units Per Acre Use per Acre of Overnight Overnight Non- Designation Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses Less than one acre: 70 Between one Resort dwelling 30 FAR 2.0/ISR.95 FAR acre and Facilities FAR 1.0/ISR .95 FAR 3.0/ISR.95 1.0/ISR 50 three acres: High units per acre FAR 4.0/ISR.95 .95 90 Greater than three acres: 110 * 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. Section 11. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Table 2-802", of the Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards (1) Use Min. Lot Area Min. Lot W d h Max. (1) Height Min. Setbacks Density Min. Off-Street Parking (sq. ft.) i t (ft.) (ft) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 unit acre 1/unit Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA -9- Ordinance No. 8043-09 • Attached Dwellings 10,000 100 35--50 1 10 to-- 30 2 per unit 15 20 unit acre Governmental Uses (2) 10 000 100 35--50 10-- 0-- 10-- n/a 3-4/1,000 GFA , 15 10 20 Indoor 5 000 50 35-- 0--15 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment , 100 10 Medical Clinic 10 000 100 30--50 10 10 20 20 2--3/1,000 GFA , Mixed Use 10 000 50 35--50 0--15 0-- 10-- 30 Based upon use , 100 10 20 units/acre requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 10 000 100 35--50 10-- 0-- 10-- n/a 3--4 spaces per 1,000 , 15 10 20 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as Outdoor 5 000 50 35 10 10 20 n/a determined by the Recreation/Entertainment , 15 community development director based on ITE Manual standards Overnight 20,000 100- 35--50 10-- 0-- 10-- 40 1.2 4- per unit Accommodations -150 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 12 10 to- n/a n/a 5 20 1 per 20,000 SF land area or as determined by Parks and Recreation n/a n/a 50 25 10 20 n/a the community Facilities development coordinator based on ITE Manual standards Public Transportation Facilities t3> n/a n/a 10 n/a n/a n/a n/a n/a Restaurants 5,000-- 50-- 25-35 10-- 0-- 10-- n/a 7-15 spaces per 1,000 10,000 100 15 10 20 GFA Retail Sales and Services 5,000-- 50-- 35--50 10-- 0-- 10-- n/a 4--5 spaces per 1,000 10,000 100 15 10 20 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35--50 10-- 0-- 10-- ?a 4--5 spaces per 1,000 Center 10,000 100 15 10 20 GFA Utility/Infrastructure (4) n/a n/a n/a 25 10 10 n/a n/a Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. -10- Ordinance No. 8043-09 • LI (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 12. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-803. "T" Flexible Development Standards ? Min. Lot Min. Lot Max. Min. Min. Min. Min. Off-Street t l Use Area Width Height ? Front l Side 1 Rear Density Parking (sq. ft.) (ft) t ? (ft) t ? (ft) ( ) (ft.) Alcoholic Beverage Sales 5,000 50 100 0--15 0-40 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5,000-- 50-- 35-- 0--15 0-40 10--20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as 30 determined by the Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; community development Redevelopment Project 40 coordinator for all rooms acre other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5 000 50 35-- 0--15 0--10 ]0--20 n/a 4--5 spaces per Display , 100 1,000 GFA Marinas and Marina 5,000 50 25 10 0--10 10--20 n/a 1 space per 2 slips Facilities 15 Mixed Use 5,000-- 50-- 35-- 0--15 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 5- 0-45 0-40 10--20 n/a 10 per 1,000 GFA 100 Offices 10 000 100 35 0-45 0-40 10--20 n/a 3-4 spaces per , 100 1,000 GFA 2.5 spaces per 1,000 SQ FT of lot area or as Outdoor 5,000 50 35 5-45 0-40 10--20 n/a determined by the Recreation/Entertainment community development coordinator based on ITE Manual -11- Ordinance No. 8043-09 • • standards Overnight 10,000-- 100-- 35-- 0--15 0--10 0--20 40 1'1.2 per unit Accommodations 20,000 150 100 rooms/acre Restaurants 5,000-- 50-- 25-- 0--15 0--]0 10--20 n/a 7--15 spaces per 10,000 100 100 1,000 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 10,000 100 100 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. 1. Overnight accommodations. 6. Off-street parking_ a. The proposed development contains no more than 130 rooms; and b. The proposed development is within 1,000 feet of an existing public parking garage with documented available capacity. 76. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in Section 3-501, as applicable; 87. 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; 99. 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 109. A development agreement must be approved by the City Council pursuant to F.S. §§ 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 F.S. § 163.3239, with a copy filed with the Property Appraiser's Office, and a copy submitted to the PPC and CPA for receipt and filing within 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 13. That Article 2, "Zoning Districts", Division 9, "Downtown District ("D")", Section 2-901.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-901.1. Maximum development potential. It is the intent of the Downtown District ("D") that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development -12- Ordinance No. 8043-09 0 0 potential of a parcel of land within the D 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 D District that have a Future Land Use of Central Business District ("CBD"), maximum development potential shall be as set forth for each classification of use and location in the approved redevelopment plan. Section 14. That Article 2, "Zoning Districts", Division 10, "Office District ("0")", Section 2-1001.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1001.1. Maximum development potential. The Office District ("0") may be located in more than one land use category. It is the intent of the O District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the O District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designation that apply to the O District are as follows: Countywide Future Maximum Dwelling Units Maximum Floor Area Ratio/Impervious Overnight Accommodations Land Use Designation per Acre of Land Surface Ratio Units per Acre Residential/Office Limited 7.5 dwelling units per acre FAR.40/ISR .75 N/A Residential/Office General 15 dwelling units per acre FAR.50/ISR .75 N/A Residential/Office/Retail 18 dwelling units per acre FAR.40/ISR .85 30 units per acre Section 15. That Article 2, "Zoning Districts", Division 12, "Institutional District ("I")", Section 2-1201.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1201.1. Maximum development potential. The Institutional District ("I") may be located in more than one land use category. It is the intent of the I District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the I District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the I District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Institutional 12.5 dwelling units per acre FAR.65/ISR .85 Transportation/Utility n/a FAR.70/ISR .90 -13- Ordinance No. 8043-09 • • Section 16. That Article 2, "Zoning Districts", Division 12, "Institutional District Section 2-1203, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection G, "Outdoor Recreation/Entertainment", and re-lettering the subsequent subsections as appropriate: Section 2-1203. Flexible standard development. The following uses are Level One permitted uses in the Institutional District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1203. "7" District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Area Width Min. Setbacks (ft.) Height Min. Off-Street Parking (s9..ft.) (f•) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 25 10 20 50 .5--1 per 2 students Halfway Houses 10,000 100 25 10 20 30 1 per 2 residents Hospitals 1--5 100-- 15-- 10-- 15-- 50 1--2/bed acres 250 25 25 25 Medical Clinic 20,000 100 25 10 20 30 511000 SF 000 S r and Area e" as 1 104 Outdoe 40 000 ?0- -14- 44- 4-5- -50- , detemained by tl,e ,. ..?.?., ..,;t.. Re ..t:eiVEnte.+,.:1""e^t , 25- development .. or-din"*e• Parking Garages and Lots 20,000 100 25 10 20 50 n/a Places of Worship 20,000 100 25 10 20 50 .5--1 per 2 seats Public Transportation n/a n/a n/a n/a n/a 10 n/a Facilities Residential Shelters 10,000 100 25 10 20 30 1 per 2 residents Retail Sales and Service 10,000 100 25 10 20 50 5 per 1,000 SF GFA Utility/Infrastructure n/a n/a 15-- 10 15 n/a n/a Facilities(1) 25 20 Assisted Living Facilities 15,000-- 100 25 5 10 50 1 per 2 residents 20,000 Nursing Homes 15,000 100-- 25 5 15 50 1 per 2 residents -14- Ordinance No. 8043-09 • • 150 Social and Community 20,000 100 15 10 15 30-40 4--5 per 1,000 GFA Center 25 20 Congregate Care 20,000 100 25 5 10 50 1 per 2 residents (1) Utility/infrastructure uses shall not exceed 3 acres. Any such use, alone or when added to contiguous like uses which exceed 3 acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. • aG FesideRtial in the 7/1HIf'n A !as; 15- -0 feet in all diFeGtiGRG, *?•r,er•tx*x Section 17. 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 uses and 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., includina anv acreaae or floor area restrictions set forth in the Rules- Concerning the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the IRT District are as follows: -15- Ordinance No. 8043-09 0 0 Maximum Maximum Floor Area Ratio/ Maximum Overnight Accommodations Countywide Dwelling Impervious Surface Ratio Units Per Acre Future Land Use Units per Acre Overnight Overnight Non- Designation of Land Accommodations Accommodations Residential Base Alternative (Base) (Alternative) Uses 50 [subject to 75 [subject to master master development plan development plan Industrial N/A FAR.65/ISR FAR 1.5/ISR .65?/ISR requirements in requirements in Limited .85 .85 85 Section 2.3.3.6.1 Section 2.3.3.6.1 of the of the Countywide Plan Countywide Plan Rules] Rules] Industrial FAR N/A N/A N/A .75/ISR N/A N/A General .95 Section 18. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1302, "Minimum standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (fit) Height Min. Off-Street Parking (sq. (lt.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or Recreation/Entertainment(24) I /machine Manufacturing (3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices (4) 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage (accessory n/a n/a n/a n/a n/a n/a use)(52) 1 per 20,000 SF land area or as Parks and Recreation Facilities n/a n/a 25 10/20 50 determined by the community development coordinator based on the ITE Manual standards -16- Ordinance No. 8043-09 0 0 Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(63) 10,000 200 20 15 50 15 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service (7) 20,000 200 20 15 50 1.511,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.511,000 SF GFA Warehouse Facility (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3)In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (5-2) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (63) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five M,e and ene half acres. Any such use, alone or when added to contiguous like uses which exceed five t •e- and- e e, h-Alf acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (4) indoOF Uses, when alene, A-; added to existing eentiguous like uses, and when not pa14 of -a master development plan, shall net exeeed five ar.rkess. This r-es#*Jsti@a applies when u-sed- in thle -IndUstfial LiFflited J-) (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use. located within the structure to which it is accessorv. and shall not exceed 25 vercent of the floor area of the rincioal use to which it is accesso Section 19. That Article 2, "Zoning Districts", Division 13, "Industrial, Research and Technology District ("IRT"), Section 2-1303, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. -17- Ordinance No. 8043-09 0 • Table 2-1303. "IRT" District Flexible Standard Development Min. Lot Min. Lot Min Setbacks Max. Uses Area Width . (ft') Height Min. Off-Street Parking (s9. f •) (ft.) (ft) Front* Side/ Rear Automobile Service Stations 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.511,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA 1--10/1,000 SF Land Area or as determined by the Outdoor Recreation/Entertainment 40,000 200 20 15 30 community development coordinator based on ITE Manual standards Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation Facilities(24-) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000-- 20,000 100-- 200 20 15 50 3/1,000 SF GFA Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(3-2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants(45) 5,000-- 10,000 50 - 100 20 15 30 7--15 spaces per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 20--25 units plus 2 for ' s office manager TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(53) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40 000 200 20 15 30 1.5/1,000 SF Lot Sales Area Vehicle Sales/Displays(64) , Vehicle Service u 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF GFA Grooming Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.511,000 SF GFA Facility *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. In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials of finished products or parts including processing fabrication assembly, treatment, packaging, storage, sales and distribution of goods. -18- Ordinance No. 8043-09 0 0 (24-) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (33) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the gppropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (53) Utility/infrastructure uses shall not exceed_ five tee acres. Any such use, alone or when added to contiguous like uses which exceed five ten acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. `64) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. (5) Restaurants that afe aeeessef?, of: inesidental tO affPeFWAtted Use Will flOt Fequir-e Flexible Standafd Development Any sueh use, aleme. eff v.4wan added to eentiguous like uses which e3weed twe iffind Ame laalw -Ar.-res shall requiFe a !an t1se-of A4; Amendment to the appy-opfiate eateger-y whiel; -,-;hall si-ic-;h i-js;A- A-;;d- -A]] contiguous like uses. Restaurants leeated in the !43?-?--.--e Wndd usie eateger-5, shall be allowed enly as an aersesser-y use, lersated within the. 'Strusture to D. Offices. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Section 20. That Article 2, "Zoning Districts", Division 14, "Open Space/Recreation District ("OSR")", Section 2-1401.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1401.1. Maximum development potential. The Open Space/Recreation District ("OSR") may be located in more than one land use category. It is the intent of the OSR District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the OSR District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the propert y, including any acreage or floor area restrictions set forth in the Rules Concerning the Administration of the -19- Ordinance No. 8043-09 • Countywide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the OSR District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Recreation/Open Space N/A FAR.25/ISR .60 Section 21. 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 amend subsection B, "Outdoor Recreation/Entertainment", and delete subsection D, "Public transportation facilities", and re- lettering the subsequent subsections as appropriate: Section 2-1403. Flexible standard development. The following uses are Level One permitted uses in the OSR District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1403. "OSR " District Flexible Standard Development Standards Min. Lot Min. Lot Max. Use Size Width Min. Setbacks (ft.) Height Min. Off-Street Parking (sq.ft•) (ft.) (ft.) 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 area or Outdoor 2.5 200 25 20 25 30 as determined by the community Recreation/Entertainment acres development coordinator based on ITE Manual standards Parking Garages and Lots 20,000 100 25 10 20 50 n/a F^^ T W-a- W-&- n a- W-&- tea--- 44)- H4- 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 n/a n/a 25 10 20 n/a n/a Facilities B. Outdoor recreation/entertainment.= 1. The use is limited to golf courses and clubhouses. 24. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 32. All signage is a part of a comprehensive sign program; -20- Ordinance No. 8043-09 r • 43. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions; 54. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel proposed for development. 65. 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. xxxxxxxxxxx ,_ faGility , RIe6G Resess Fy to serve established transit -steps 14 designated as FesideRtial in the 7nninn Atlas; the 79ninn Atlas; aRd xxxxxxxxxx+ Section 22. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1501.1, "Maximum development potential", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-1501.1. Maximum development potential. The Preservation District ("P") may be located in more than one land use category. It is the intent of the P District that development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and development potential of a parcel of land within the P District shall be determined by the standards found in this Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or floor area restrictions set forth in the Rules Concernina the Administration of the Countvwide Future Land Use Plan, as amended from time to time. Development potential for the Countywide Future Land Use Designations that apply to the P District are as follows: Countywide Future Land Use Designation Maximum Dwelling Units per Acre of Land Maximum Floor Area Ratio/Impervious Surface Ratio Preservation N/A FAR.10/ISR .20 -21- Ordinance No. 8043-09 0 0 Section 23. That Article 2, "Zoning Districts", Division 15, "Preservation District ("P")", Section 2-1502, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to delete subsection B, "Outdoor Recreation/Entertainment", to read as follows: Section 2-1502. Flexible standard development. The following uses are Level One permitted uses in the Preservation District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-/502. T" District Flexible Standard Development Standards Use Min. Lot Size (sq. ft.) Min. Lot Width (ft) Min. Setbacks (ft) Max. Height (ft.) Min. Off-Street Parking Front Side Rear Marinas 10,000 100 25 10 15 30 1/per 2 slips Outdeef 10 000 1-90 ? 4-0- 4-5- 3&- 540,000 sq. ft. , - • designatod as rroeirlonti;;l in +h° 7nnlnn Atlasi e. 2 All signage is a paFt of nmmPrehen6iy sign nrn_ im , Section 24. That Article 3, "Development Standards", Division 6, "Dock/Marina Standards", Section 3-601, "Docks", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-601. Docks. C. New docks. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. -22- Ordinance No. 8043-09 • g. Deviations. )The community development coordinator may grant deviations from the requirements of this section as a Level One (minimum standard) approval provided that signed and notarized statements of no objection are submitted from adjacent waterfront property owners, as well as signed and notarized statements. on the Pinellas County Water and Navigation Control Authority permit application. In the event that such statements cannot be obtained, applications for deviations may be approved by the community development coordinator through a Level One (flexible standard) approval process based on one of the following: (a+) The proposed dock will result in no navigationAl conflicts ?_ -1. ln_ th of nr?n?c r1?nL wil ;A ih of the t#c,?sed?? l Re t v ?seedz25 ?eFser?t?f tie watepAw; or Lb4)The proposed dock location needs . to be adjusted to protect environmentally sensitive areas; or Lciii)The property configuration precludes the placement of a dock in .compliance with the required dimensional standards; however, the proposed dock will be similar in dimensional characteristics as surrounding dock patterns. ii) In no case shall a dock be allowed to deviate from the length requirements specified in 3-601.C.1.b by more than 50 percent or 25 percent of the width of the waterway, whichever is less. 3. Commercial docks. A commercial dock is any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency. Commercial docks shall only be permitted as a Level Two (flexible development) use, which requires approval by the Csommunity Ddevelopment Bboard (CDB). Any multi- use dock with a deck area exceeding 500 square feet shall be treated as a commercial dock. All commercial docks shall be reviewed for compliance with the following criteria. b. Impacts on existing water recreation activities. The use of dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not preclude hondeFer disseaFage the existing uses of the adjacent waterway. Such by uses include Mrdud+eg but are not limited to non-motorized boats and motorized boats. h. Dimensional standards. - 23 - Ordinance No. 8043-09 0 0 *********** ii) Length. The length of commercial and multi-use docks shall not extend from the mean high water line or seawall of the applicant's property more than 75 percent of the width of the applicant's property measured at the waterfront property line. Tie poles may extend beyond the dock provided such poles do not exceed extend 25 percent of the width of the waterway and do not constitute a navigational hazard. *********** v) Deviations. Applications for dDeviations to the dimensional standards set GR may be forth in Section 3-601.C.3.h fr, TeguiFer;Ten+6 9f this 6eGti approved by the community development board through a Level Two (flexible development) approval process based on (a) and (b) below. No other deviation is permitted. (a) The proposed dock location needs to be adjusted to minimize impacts relating to criteria set forth in Sections 3-601.C.3.b - g; and (b) In no case shall a dock be allowed to deviate from the length requirements specified in 3-601.C.3.h by more than 50 percent or 25 percent of the width of the waterway, whichever is less. *********** Section 25. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-902, "Comprehensive plan densities/intensities", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-902. Comprehensive plan densities/intensities. ?xx,rxwxx•x• G. Submerged lands. The area of submerged lands cannot be used in calculating allowable density, FAR, or ISR. Section 26. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-904, "Sight visibility triangle", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-904. Sight visibility triangle. A. To minimize traffic hazards at street or driveway intersections, no structure or landscaping may be installed which will obstruct views at a level between 30 inches above grade and eight feet above grade within the sight visibility dietanGe triangle described in the following figure. Remove existing graphic and replace with the following graphic. -24- Ordinance No. 8043-09 0 0 RIGHT OF WAY 20' ?> H 120' 201 NO STRUCTURE OR LANDSCAPING 20' MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 30" IN HEIGHT A m STRUCTURE -4 PROPERTY LINE (TYPICAL) y Q G -n a Sight Visibility Triangle rR1ANGLE B. To enhance views of the water from Fes;den+zial waterfront property, no structure or landscaping may be installed, other than a fence around a swimming pool or any non- opaque fences not exceeding 36 inches, within the sight visibility triangle described in the following figure,-except as otherwise allowed in Article 3 Division 8 W^ the 45 °^ feFFned by teR feet baGk ftem the PFOpeFty line 9R the wateF aRd along the Side pFop 4Re. Remove existing graphic and replace with the following graphic. PROPERTY LINE (TYPICAL) NO STRUCTURE OR LANDSCAPING MAY BE INSTALLED, OTHER THAN NON-OPAQUE FENCE NOT EXCEEDING 36" IN HEIGHT H WATER PROPERTY LINE, SEAWALL OR MEAN HIGH WATER LINE, WHICHEVER IS CLOSEST TOWARD THE INTERIOR OF THE PROPERTY 0' 20' SIGHT VISIBILITY TRIANGLE T Enhanced Views Restrictions Section 27. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-907, "Vegetative buffer adjacent to preservation district or jurisdictional wetlands", of the Community Development Code, be, and the same is hereby amended to read as follows: -25- Ordinance No. 8043-09 0 0 Section 3-907. Buffers provided for purposes other than landscapin A. Veaetative buffer adiacent to preservation district or jurisdictional wetlands 1.A: A vegetative buffer shall be provided on all lands within 25 feet of any property designated on the Zoning Atlas as preservation (P), or any property determined to be wetlands under the jurisdiction of the State of Florida ("jurisdictional wetlands"); and all lands within 15 feet of the top of the bank of any creeks, channels, or related waterways which contain jurisdictional wetlands. This requirement shall not apply to existing seawalls or other structures creating an abrupt transition between any such property and the adjoining upland property. "Top of the bank" is that point on the slope at which the side slope becomes flatter than one foot vertical to four feet horizontal. 2.1-: The required buffer width may be reduced by not more than one-third in a portion of the buffer, by providing additional width in another portion of the buffer which will result in an equivalent or greater square footage of cumulative buffer area. 3.G-. No structure or other surface impervious to water shall be permitted within the vegetative buffer, with the exception of structures which would be allowed as a part of a Level One or Level Two approval within the preservation district. 4.8: Within the vegetative buffer, any native vegetation shall be protected so that the buffer will retain the character of the immediately adjacent vegetation within the preservation district. Native vegetation within the buffer shall not be removed or altered unless the removal or alteration of the vegetation will not adversely affect the hydrological or ecological integrity of the adjacent wetland. All prohibited trees existing within the buffer shall be removed by the landowner and shall be prevented from re-emergence. This subsection shall not be construed to prohibit routine maintenance trimming of nonwetland vegetation in accordance with procedures developed by the city manager. 5. If prior to October 4, 1990, the native vegetation within a vegetative buffer has been removed or altered, the owner shall not be required to restore the vegetation to its natural state. The owner shall not, however, impede the natural succession of native vegetation into the buffer. B. Buffer required within Transportation/Utility future land use category. A ten-foot buffer shall be provided on all lands designated Transportation/Utility on the Future Land Use Map that are adiacent to any other future land use classification other than Industrial. Lands designated Transportation/Utility that are adjacent to lands designated industrial future land use classifications are exempt from this requirement. Section 28. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1302, "Site lighting", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1302. Site lighting. All outdoor lighting, other than outdoor recreational facility and street lighting, shall comply with the following requirements: A. Fixture-type. All light fixtures which are visible from the boundaries of the parcel of land, other than fixtures which are designed and installed to illuminate a wall and are directed -26- Ordinance No. 8043-09 0 0 away from adjacent properties, shall be cut-off lights where direct illumination is cut-off above 40 degrees below horizontal. Remove existing graphic and replace with the following graphic. Illumination Cut-off Angle B. Location. All outdoor light fixtures shall be located so that objects or land which are located beyond the boundaries of the parcel of land are not illuminated to an extent of producing more than a diffuse shadow. Remove existing graphic. C. Height. 1. Cut-off fixtures. The height of the lamp in a light fixture shall not exceed 35 feet, or one foot in height for each one foot the light fixture is setback from the setback in section 3- 1202(B), whichever is less. 35 cut-off fixtures -27- Ordinance No. 8043-09 T OR 0 0 Non-cut-off fixtures. The height of the lamp in a non-cut-off fixture shall not exceed 18 feet. Remove existing graphic and replace with the following graphic. 18 Non-cut-off Fixtures D. Sea turtle nesting areas. To the }he extee# possible, ae light within 300 foot shall be visible ?.?,???...........,.• These areas were sesUrity aRd ni ihlin saf i reg6ffiF° li paPorleetitate-TeGhRisal RepeFt ""LlRdwstaad+r;g, A66e66+ng, nnrl Resel„ing I ight_ In order to provide protection for nesting marine turtles and their hatchlings during the nesting season of May 1 to October 31 and to minimize artificial light illuminating areas of the beach the following standards for public or private artificial light sources shall apply on Clearwater Beach and Sand Key: 1. Controlled use, design and positioning of lights. a. Light fixtures shall be designed and/or positioned such that they do not cause direct illumination of the beach areas. b. The use of lights for safety and security purposes shall be limited to the minimum number required to achieve their functional role(s). C. Wall-mount fixtures landscape lighting and other sources of lighting shall be designed and/or positioned such that light does not directly illuminate the beach areas. d. All lights on balconies shall be shielded from the beach. -28- Ordinance No. 8043-09 0 0 e. Lighting in parking lots within line of sight of the beach shall be positioned and/or shielded such that only deflected light may be visible from the ground level of the beach. f. The use of low pressure sodium vapor lights are permitted where security or safety problems can be demonstrated, and shielding is cost prohibitive, and visibility from the beach cannot be prevented. 2. Lighting for pedestrian traffic. a. Beach access points, dune crossovers, beach walkways, piers or any other structure on the beach designed for pedestrian traffic shall use the minimum amount of light necessary to ensure safety. b. Pedestrian lighting shall be of low wattage, not over 25 watts, and recessed or shielded so that only deflected light may be directly visible from the beach. 3. Lighting approval. Prior to the issuance of a certificate of occupancy, compliance with the lighting standards as set forth in this section shall be certified. 4. Standards for existing lighting. Existing artificial light sources shall be repositioned, modified or replaced with alternatives consistent with the standards set forth herein so that only deflected light may be visible at ground level from the beach and/or the light does not directly illuminate areas of the beach. 5. Publicly owned lighting. All publicly owned lighting shall comply with the standards set forth herein to the greatest extent possible. Section 29. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1402, "Design standards for parking lots and parking garages", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1402. Design standards for parking lots and parking garages. All parking lots shall be designed to meet the following requirements: 1. In addition to the other requirements of this section, parking garages shall comply with the following: 1. The minimum clear height throughout the garage shall be 7'0" and shall be 8'2" for van- accessible handicapped parking spaces including ingress and egress drive aisles to these spaces. 2. Pedestrian - vehicular conflicts shall be avoided whenever possible. Where unavoidable, active warning devices such as traffic signals or flashing warning signs/devices and/or physical barriers such as vehicular actuated gates shall be provided to warn the pedestrian and slow vehicular traffic. -29- Ordinance No. 8043-09 0 0 3. Lighting levels in parking garages having public access shall meet or exceed the current minimum Illuminating Engineering Society 0ES) standards. 4. Columns shall not encroach into the required area of a parking space except at the end of a parking space where another parking space or a wall abuts the parking space. Such projection shall not encroach into the corner of a parking space by more than one foot in any direction, front to back or side to side as shown in the following figure. Add the following -graphic. COLUMN AT FRONT OF PARKING SPACE B = TYPICAL SPACE WIDTH 5. Where parking spaces abut a wall, a column not located consistent with subsection 4 above, or any other obstruction, one-foot of additional width shall be added to the parking space as shown in the following figure. -30- Ordinance No. 8043-09 Add the following graphic. MIN. WIDTH w/WALL OR COLUMN ADJOINING SPACE S - TYPICAL SPACE VADTH 6. Parking garages for attached dwellings with four or more units shall comply with all applicable ADA requirements. 7. Mechanical vehicle lifts shall not be permitted in parking garages except in areas solely controlled for valet parking. 8. Wheel stops shall not be used in parking garages. 9. Whenever access control equipment or barrier pates are used at the entrance to a parking garage, a minimum stacking distance of 40 feet shall be provided from the back of sidewalk to the equipment or barrier pate. 10. Maximum speed ramp slope shall not exceed 12 percent. A 10-foot long transition ramp with a slope equal to one-half of the change in slopes shall be provided at the bottom and top of all speed ramps with a slope of 10-percent or greater. 11. When parking spaces are provided on a ramp, the slope shall be less than 6-percent. 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. In certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes. 13. All electrical conduits, pipes, downspouts, columns or other features that could be subject to impact from vehicular traffic shall be protected from impact damage with pipe guards or similar measures. Measures used for protection shall not encroach into any parking space. 14. Minimum dimensions of equipment islands at entry/exit lanes shall be as follows: a. Islands with cashier booth: 6' 4" wide by 22' long. b. Islands without cashier booth: 3'6" wide by 18'3" long. -31- Ordinance No. 8043-09 • • Section 30. That Article 3, "Development Standards", Division 9, "General Applicability Standards", Section 3-1406, "Off-street loading and vehicle stacking spaces", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 3-1406. Off-street loading and vehicle stacking spaces. B. Stacking spaces: Provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not back-up into the public street system. 13. Provisions shall be made to provide for 40 feet of clear stacking in advance of all guardhouses or security gates. 24. Drive-thru facilities for restaurants shall provide sufficient stacking distance to accommodate eight vehicles as measured from the first point of transaction. 35. Drive-thru facilities for banks shall provide sufficient stacking spaces as measured from the first point of transaction in accordance with the following table: Number of Proposed Drive-Thru Lanes Total Number of Required Vehicle Stacking Spaces One 8 Two 12 Three 18 Each Additional Lane 2 Additional Spaces 46. Additional stacking may be required as a condition of site plan approval. The length of the stacking area may be reduced when supported by a traffic study. Section 31. That Article 4, "Development Review and Other Procedures", Section 4-505, "Hearing officer appeals", of the Community Development Code, be, and the same is hereby amended to read as follows: -32- Ordinance No. 8043-09 • • Section 4-505. Hearing officer appeals. A. Upon receipt of a notice of appeal regarding decisions set out in Section 4-501(b), the hearing officer shall, in concert with the city clerk, establish a date aPA 1 hour and location for hearing to consist solely of: 1. Reception of the record before the community development board; and 2. Oral argument. The record before the community development board shall consist of the following: the Planning Department file concerning the application; the agenda packet for the community development board meeting(s); all exhibits accepted into evidence before the community development board; and the beaFd ' streaming video of the hearing posted on the city's website. Any motion to supplement the record shall be filed with the hearing officer and served on all other parties to the proceedings within 40 30 days of filing the notice of appeal. The hearing shall be held within 60 days of receipt of the notice of appeal, unless the appellant requests or agrees to a continuance. The city clerk shall give notice of the hearing to the appellant, applicant, city, and any person granted party status by the community development board. Section 32. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 4-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 4-1402. Allocated development rights are freely transferrable. 3. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaining density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensity shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. 5. For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development rights may be sent from vacant and/or existing developed parcels. -33- Ordinance No. 8043-09 0 • ba. For parcels receiving transferred density/intensity, the maximum applicable density/intensity may be exceeded pursuant to provisions set forth in such applicable special area plan or redevelopment plan. cb. In the event such applicable special area plan or redevelopment plan does not specify the amount of density/intensity that can be received, the maximum permitted development potential shall not be exceeded by more than 20 percent. de. For parcels being developed with overnight accommodation uses on Clearwater Beach that are within the area governed by Beach by Design, there shall be no limit on the amount of density that can be received for the overnight accommodation uses provided that the project complies with all applicable code provisions and design guidelines. ed. For mixed use projects located on Clearwater Beach and governed by Beach by Design that include overnight accommodation uses, the 20 percent limitation specified in Section 4-1402.5.b above shall apply to the components of the project that do not include overnight accommodation uses. 6. Where densitv/intensitv cannot otherwise be determined for parcels desiqnated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan . Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section 33. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights xxxxxxxxxxx E. The use of transferable development rights shall be consistent with the following: xxxxxxxxxxx 4. There shall be no transfers of densitv/intensitv from outside the coastal storm area into the coastal storm area. xxxxxxxxxxx Section 34. 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: Section 8-102. Definitions. xxxxxxxxxxx Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. xxxxxxxxxxx -34- Ordinance No. 8043-09 0 0 Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. Floor area ratio (FAR) means a measurement of the intensity of building development on a site. A floor area ratio is the relationship between the gross floor area on a site and the gross land area. The FAR is calculated by adding together the gross floor area of all buildings on the site and dividing by the gross land #Iser area. •x*xrxiwt+r• Gross land area means the total land area within the property boundaries of the subiect parcel, and specifically exclusive of any submerged land or public road right-of-way. Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel, bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. Vehicle sales/displays, limited means a business or commercial activity involving the display and/or sale or rental of bisysles, mopeds; and/or motorcycles and excluding service of such vehicles. Section 33. 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. -35- Ordinance No. 8043-09 0 0 Section 34. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 35. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 36. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 37. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk -36- Ordinance No. 8043-09 • • List of Community Development Code Issues Ordinance No. 8043-09 ARTICLE 1. GENERAL PROVISIONS Zonina Atlas (1) Sec. 1-109.D. Consistency. Adds language providing for an increased level of consistency among the Code, the City Future Land Use Plan and the Countywide Future Land Use Map. [Page 3 of Ordinance] ARTICLE 2. ZONING DISTRICTS District Use Categories Chart (2) Sec. 2 Chart. Delete Outdoor recreation/entertainment use from "I" Institutional and "P" Preservation Districts as it is not allowed. Delete Public transportation facilities use from "OSR" Space/Recreation District as it is not allowed under the Countywide Plan Rules. [Pages 3-5 of Ordinance] Division 1. Low Density Residential District ("LDR" ) (3) Sec. 2-101.1 Maximum development potential. Adds language ensuring uses and development potential within the LDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 5 of Ordinance] Division 2. Low Medium Density Residential District ("LMDR" ) (4) Sec. 2-201.1 Maximum development potential. Adds language ensuring uses and development potential within the LMDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Division 3. Medium Density Residential District ("MDR') (S) Sec. 2-301.1 Maximum development potential. Adds language ensuring uses and development potential within the MDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 6 of Ordinance] Bold indicates major policy issues. 1 S: (Planning Departmen6Community Development Code 12009 Code AmendmentslTA2009-01002 -Code V PPC ConsistencyL4taff ReportlCommunity Development Code IssuesSummary 6-11-09.docx 0 - 0 Division 4. Medium Hi Density Residential District ("1 MW') (6) Sec. 2-401.1 Maximum development potential. Adds language ensuring uses and development potential within the MHDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 7 of Ordinance] Division 5. High Density Residential District ("HDR" ) (7) Sec. 2-501.1 Maximum development potential. Adds language ensuring uses and development potential within the HDR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page7 of Ordinance] Division 6. Mobile Home Park ("MHP") (8) Sec. 2-601.1 Maximum development potential. Adds language ensuring uses and development potential within the MHP district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 8 of Ordinance] Division 7. Commercial District ("C") (9) Sec. 2-701.1 Maximum development potential. Adds language ensuring uses and development potential within the C district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page 8 of Ordinance] Division 8. Tourist District ("T" (10) Sec. 2-801.1 Maximum development potential. Adds language ensuring uses and development potential within the C district are consistent with the Countywide Plan Rules. [Page 9 of Ordinance] (11) Table 2-802 Flexible Standard Development Table. Increases parking requirements for Overnight Accommodations from 1.0 space per unit to 1.2 spaces per unit in Flexible Standard Development. [Page 10 of Ordinance] (12) Table 2-803 Flexible Development Table. Revises parking requirements for Overnight Accommodations from 1.0 space per unit to a range of 1.0 to 1.2 spaces per unit within the parking requirements for Overnight' Accommodations use. [Page 12 of Ordinance] Bold indicates major policy issues. 2 S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentsITA2009-01002 - Code V PPC ConsistencyLstaff ReportlCommunity Development Code IssuesSummary 6-11-09.docx 0 0 (13) Sec. 2-803.I Overnight accommodations. Adds flexibility criteria for off- street parking limiting the application of flexibility to overnight accommodations with more than 130 rooms and requiring the proposed development be within a certain proximity of a public parking garage. [Page 12 of Ordinance] Division 9. Downtown District ("D') (14) Sec. 2-901.1 Maximum development potential. Adds language ensuring uses and development potential within the D District are consistent with the Countywide Plan Rules. [Page. 12 of Ordinance] Division 10. Office District ("0") (15) Sec. 2-1001.1 Maximum development potential. Adds language ensuring uses and development potential within the O district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 of Ordinance] Division 12. Institutional District (16) Sec. 2-1201.1 Maximum development potential. Adds language ensuring uses and development potential within the I district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page13 of Ordinance] (17) Table 2-1203 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 14 of Ordinance] (I8) Sec. 2-1203.G Outdoor Recreation/Entertainment. Deletes flexibility criteria for outdoor recreation/entertainment uses for consistency with the Countywide Plan Rules. [Page 15 of Ordinance] Division 13. Industrial, Research, and Technology District ("IRT" ) (19) Sec. 2-1301.1. Maximum development potential. Adds language ensuring uses and development potential within the IRT district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page15 of Ordinance] Bold indicates major policy issues. 3 S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistencylstaff ReportlCommunity Development Code IssuesSummary 6-11-09.docx 0 0 (20) Table 2-1302 Minimum Standard Development Table. Adds footnotes that Offices and Vehicle Service uses in the Industrial General future land use designation are allowed only as accessory uses. Also establishes limits to the type of manufacturing allowed in the Industrial Limited future land use designation, consistent with the Countywide Plan Rules. Existing footnotes are renumbered accordingly. [Pages 16-17 of Ordinance] (21) Table 2-1303 Flexible Standard Development Table. Establishes limits to the type of manufacturing allowed in the Industrial Limited (IL) future land use designation, consistent with the Countywide Plan Rules. Amends the size limitation for Restaurants within IL, increasing it from 2 1/2 acres to 5 acres. Requires future land use map amendments for Utility/Infrastructure uses in excess of 5 acres. Requires future land use map amendments for vehicle service, vehicle sales/display, and major vehicle sales/displays uses in IL in excess of 5 acres, and limits these same uses in Industrial General (IG) future land use designation to accessory uses. [Pages 18-19 of Ordinance] (22) Sec. 2-1303.1) Offices. Adds flexibility criteria limiting Office uses in IG as accessory. [Page 19 of Ordinance] Division 14. Open Space/Recreation District ("OSR" ) (23) Sec. 2-1401.1 Maximum development potential. Adds language ensuring uses and development potential within the OSR district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page19 of Ordinance] (24) Table 2-1403 Flexible Standard Development Standards Table. Deletes Public Transportation Facilities as flexible standard use for consistency with the Countywide Plan Rules. [Page 20 of Ordinance] (25) Sec. 2-1403.13 Outdoor recreation/entertainment. Adds flexibility criteria limiting Outdoor Recreation/Entertainment uses to golf courses and clubhouses for consistency with the Countywide Plan Rules. [Page 20 of Ordinance] (26) Sec. 2-1403.1 Public transportation facilities. Deletes flexibility criteria for Public Transportation Facilities uses for consistency with the Countywide Plan Rules. [Page 21 of Ordinance] Bold indicates major policy issues. 4 S: (Planning DepartmenACommunity Development Code12009 Code Amendmen&TA2009-01002 - Code V PPC Consistency0aff RepoMCommunity Development Code IssuesSummary 6-11-09.docx Division 15. Preservation District ("PD (27) Sec. 2-1501.1 Maximum development potential. Adds language ensuring uses and development potential within the P district, as well as acreage and floor area restrictions are consistent with the Countywide Plan Rules. [Page21 of Ordinance] (28) Table 2-1502 Flexible Standard Development Standards Table. Deletes Outdoor Recreation/Entertainment as flexible standard use for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] (26) Sec. 2-1502.B Outdoor Recreation/Entertainment. Deletes flexibility criteria for Outdoor Recreation/Entertainment uses for consistency with the Countywide Plan Rules. [Page 22 of Ordinance] ARTICLE 3. DEVELOPMENT STANDARDS Division 6. Dock/Marina Standards (27) Sec. 3-601.C.1.g Deviations. Adds restrictions for deviations to length requirements for docks that serve new single-family or two- family dwellings, limiting deviations to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. Reinforces language ensuring that docks will not create navigational conflicts through their design and placement. [Page 23 of Ordinance] (28) Sec. 3-601.C.3. Commercial docks. Corrects capitalization of Community Development Board. [Page 23 of Ordinance] (29) Sec. 3-601.C.3.b Impacts on existing water recreation activities. Current use of a waterway is a consideration in the review of new commercial dock applications. Adds "tie poles" to ensure that tie poles associated with docks would not adversely impact the health, safety or well being of the use of adjacent waterways. Revises language from "hinder or discourage" to "preclude" because the existence of a dock will have some impact, but it won't necessarily prevent (preclude) the use of the waterway. [Page 23 of Ordinance] (30) Sec. 3-601.C.3.hDimensional standards. Deletes "extend" and adds "exceed" to make the language consistent with similar language in the Code. [Page 24 of Ordinance] Bold indicates major policy issues. 5 S: (Planning DepartmentlCommunity Development Code 12009 Code AmendmentsMA2009-01002 -Code V PPC Consistency6Staff RepoMCommunity Development Code IssuesSummary 6-I1-09.docx 17_? 0 (31) Sec. 3-601.C.3.h Deviations. Clarifies restrictions for deviations to all dimensional standards for new commercial docks must be considered through a Level 2 approval basis and establishes further review criteria for consideration by the Community Development Board. Further clarifies that deviations only be considered to minimize impacts for environmental, navigational or recreational area issues. Additionally, deviations are limited to no more than 50 percent of the length requirements or 25 percent of the width of the waterway, whichever is less. [Page 24 of Ordinance] Division 9. General Applicability Standards (32) Sec. 3-902.G Submerged lands. Adds "FAR" and "ISR" to clarify which calculations may not use submerged lands. [Page 24 of Ordinance] (33) Sec. 3-904.A Site Visibility Triangle. Delete "distance" and add "visibility" to correct the terminology. Replace graphic with better illustration of sight visibility triangle. [Pages 24 and 25 of Ordinance] (34) Sec. 3-904.13 Site Visibility Triangle. Deletes "residential" to extend the application of sight visibility triangles as described in the graphic to all waterfront properties. Replace graphic with better illustration of enhanced views restrictions. [Page 25 of Ordinance] (35) Sec. 3-907 Buffers provided for purposes other than landscaping. Adds new Section 3-907.13. creating a 10-foot buffer on land designated Transportation/Utility on the Future Land Use Map that is adjacent to all other lands other than Industrial, as required by the Countywide Plan Rules. Reconfigures existing language to allow for addition of new Section 3-907.13. and renames Section 3-907. [Page 26 of Ordinance] (36) Sec. 3-1302.A Fixture type. Replaces graphic with better illustration of illumination cut-off angle. [Page 27 of Ordinance] (37) Sec. 3-1302.13 Location. Removes existing graphic that did not apply to this section. [Page 27 of Ordinance] (38) Sec. 3-1302.C Height. Replaces gr aphic with better illustration of Non-cut-off fixtures. [Page 28 of Ordinance] (39) Sec. 3-1302.D Sea turtle nesting areas. Replaces existing section with new language establishing lighting standards for light sources on Bold indicates major policy issues. 6 S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistencylstaff ReportlCommunity Development Code Issuessummary 6-11-09.docx 0 0 Clearwater Beach and Sand Key to reduce potential impacts on sea turtle nests along the beaches. To be in keeping with current evidence that lighting impacts sea turtle nesting areas, the proposed changes expand the existing language to provide better protection, and are consistent with similar ordinances in Pinellas County beach communities. Adds requirements for positioning and/or shielding of lights so that there is no direct illumination on the beach. Minimizes lighting for pedestrian traffic at beach access points, dune crossovers, beach walkways, and piers. Requires compliance of standards prior to the issuance of a certificate of occupancy. Addresses existing lighting and publicly owned lighting. [Pages 28 and 29 of Ordinance] (40) Sec. 3-1402.I Design standards for parking lots and parking garages. Replaces existing language with expanded criteria for parking garages. Establishes minimum clear heights throughout the garage for parking spaces and ingress/egress drive aisles to these spaces. Requires minimum lighting levels for garages with public access are set at minimum Illuminating Engineering Society standards. Adds criteria for parking space design when columns project into a space, including new illustrations. Sets stacking distances when barrier gates are used within a garage, and provides standards for the slope of ramps [Pages 29 through 31 of Ordinance] (41) Sec. 3-1406.13 Off-street loading and vehicle stacking spaces. Removes minimum distances between rights-of-way and the first parking space in a parking lot. [Page 32 of Ordinance] ARTICLE 4. DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 5. Appeals (42) Sec. 4-505.A Hearing Officer Appeals. Changes the appropriate method of recording Community Development Board meetings from "board reporter's audiotape recording of the hearing before the community development board" to "streaming video of the hearing posted on the city's website" to remove reference to outdated technology. Extends time allowed for filing a motion to supplement the record from 10 days to 30 days. [Page 33 of Ordinance] Bold indicates major policy issues. 7 S. (Planning Departmen6Community Development Code 12009 Code AmendmentslTA2009-01002 -Code V PPC Consistencylstaff RepoMCommunity Development Code IssuesSummary 6-11-09.docx 0 0 Division 14. Transfer of Development Ri hits. (43) Sec. 4-1402.3 Allocated Development Rights are Freely Transferrable. Adds provision to require that remaining available density/intensity be included on the special warranty deed and that available remnant use as well as density/intensity be consistent with the Comprehensive Plan, Countywide Plan Map and Rules and/or governing Special Area Plan. Adds provision that for parcels within a designated Central Business District or Community Redevelopment District, transfer of development rights may be sent from vacant and/or existing developed parcels. Establishes maximum densities/intensities of one dwelling unit per acre or five percent floor area ratio per acre to be used by the receiving parcel when transferring density from parcels designated as Preservation or Recreation/Open Space. [Pages 33 and 34 of Ordinance] (44) Sec. 4-1403.E Transfer of Development Rights. Prohibits transfers of density/intensity from outside the coastal storm area into the coastal storm area. [Page 34 of Ordinance] ARTICLE 8. DEFINITIONS AND RULES OF CONSTRUCTION (45) Sec. 8-102 Beach access point. Adds definition for beach access point as follows: Beach access point means any access used by the general public or private property owners for the purpose of gaining access to the beach. [Page 34 of Ordinance] Clearwater Beach. Adds definition for Clearwater Beach, including the legal description, as follows: Clearwater Beach means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the City of Clearwater City Limits and the Dunedin Pass Channel; bounded on the east by the Mandalay Channel, which lies between Clearwater Beach and Island Estates; bounded on the south by the Clearwater Pass Channel; bounded on the west by the Gulf of Mexico. [Page 35 of Ordinance] Deflected light. Adds definition for deflected light as follows: Deflected Light means unintentional indirect luminance from structures or objects incidental to the light source or fixture. [Page 35 of Ordinance] Bold indicates major policy issues. 8 S: (Planning Departmen6Community Development Code 12009 Code Amendments7A2009-01002 -Code V PPC Consistency0aff RepoMCommunity Development Code IssuesSummary 6-11-09.docx s • Floor area ration (FARE Deletes " floor" and adds "land" to correct the method of calculating FAR. [Page 35 of Ordinance] Gross land area. Adds definition for gross land area as follows: Gross land area means the total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way. [Page 35 of Ordinance] Retail sales and services. Adds "bicycle stores (sales, rentals and/or repair)," as retail sales and services. [Page 35 of Ordinance] Sand Key. Adds definition for Sand Key, including the legal description, as follows: Sand Key means that portion of land lying in the City of Clearwater, Pinellas County, Florida, bounded on the north by the Clearwater Pass Channel; bounded on the east by the Clearwater Harbor; bounded on the south by the City of Clearwater City Limits; bounded on the west by the Gulf of Mexico. [Page 34 of Ordinance] Vehicle sales/displays, limited. Deletes "bicycles". [Page 50 of Ordinance] Bold indicates major policy issues. 9 S: (Planning Departmen6Community Development Code12009 Code AmendmentslTA2009-01002 - Code V PPC Consistency0aff ReportlCommunity Development Code IssuesSummary 6-11-09.docx t Matzke, Lauren From: Clayton, Gina Sent: Wednesday, September 02, 2009 8:06 AM To: Dougall-Sides, Leslie; Hollander, Gwen; Dewitt, Gina Cc: Matzke, Lauren Subject: Revised Ord. 8043-09 Attachments: Final Ordinance No. 8043-09 Revised - CC 2nd reading 09-03-09.doc Attached please find revised ord. 8043-09 - Code V that incorporates the changes for second reading. 0 0 Matzke, Lauren From: Clayton, Gina Sent: Tuesday, September 01, 2009 4:25 PM To: Dewitt, Gina Cc: Matzke, Lauren; Porter, Catherine Subject: Motion to Amend Attachments: Revision to Ordinance No. 8043-09 on Second Reading.docx Let me know if you need anything else. s Matzke, Lauren From: Clayton, Gina Sent: Thursday, August 20, 2009 4:20 PM To: Matzke, Lauren Subject: FW: GM09-1420-044: RE: Motion to amend 8043-09 on first reading For your file. - From: Dewitt, Gina Sent: Thursday, August 20, 2009 4:10 PM To: Clayton, Gina Cc: Dougall-Sides, Leslie Subject: GM09-1420-044: RE: Motion to amend 8043-09 on first reading I just double checked with Pam and it is right. From: Clayton, Gina Sent: Thursday, August 20, 2009 4:07 PM To: Dewitt, Gina Cc: Dougall-Sides, Leslie Subject: RE: Motion to amend 8043-09 on first reading Yes - just wanted to let you know how I did to make sure it was right. From: Dewitt, Gina Sent: Thursday, August 20, 2009 4:07 PM To: Clayton, Gina Cc: Dougall-Sides, Leslie Subject: RE: Motion to amend 8043-09 on first reading That was how your memo was. I think that's how we do it so they can see how the original is different than the amended. From: Clayton, Gina Sent: Thursday, August 20, 2009 4:04 PM To: Dewitt, Gina; Dougall-Sides, Leslie Subject: RE: Motion to amend 8043-09 on first reading This shows the changes as if the changes originally proposed had been approved. From: Dewitt, Gina Sent: Thursday, August 20, 2009 3:37 PM To: Clayton, Gina; Dougall-Sides, Leslie Subject: Motion to amend 8043-09 on first reading • C7 << File: Motion to amend 8043-09 on first reading.doc >> Is this correct for the motion to amend on 8043-09? 0 0 Matzke, Lauren From: Clayton, Gina Sent: Wednesday, August 19, 2009 9:52 AM To: Hollander, Gwen; Dougall-Sides, Leslie Cc: Dewitt, Gina; Matzke, Lauren Subject: Ord. No 8044-09 Attachments: Ordinance No. 8043-09 Revised - CC 1st reading - 8-20-09.doc Attached please find the ordinance that will be on first reading. It includes the change that should be made one first reading as well as the typo the CDb pointed our yesterday. • E Matzke, Lauren From: Clayton, Gina Sent: Wednesday, August 19, 2009 9:52 AM To: Hollander, Gwen; Dougall-Sides, Leslie Cc: Dewitt, Gina; Matzke, Lauren Subject: Ord. No 8044-09 Attachments: Ordinance No. 8043-09 Revised - CC 1 st reading - 8-20-09.doc Attached please find the ordinance that will be on first reading. It includes the change that should be made one first reading as well as the typo the CDb pointed our yesterday. 0. 0 Matzke, Lauren From: Clayton, Gina Sent: Tuesday, August 18, 2009 9:07 AM To: Hollander, Gwen Cc: Matzke, Lauren Subject: RE: GM09-1420-044: RE: Tie Poles yw From: Hollander, Gwen Sent: Tuesday, August 18, 2009 8:31 AM To: Clayton, Gina; Dougall-Sides, Leslie Cc: Dewitt, Gina Subject: RE: GM09-1420-044: RE: Tie Poles Thank you Gina C. I've saved the attached 8043-09 on our S drive in the ordinance folder. From: Clayton, Gina Sent: Monday, August 17, 2009 3:57 PM To: Dougall-Sides, Leslie Cc: Hollander, Gwen; Dewitt, Gina Subject: RE: GM09-1420-044: RE: Tie Poles This is the revised ordinance for first reading. From: Dougall-Sides, Leslie Sent: Monday, August 17, 2009 3:11 PM To: Clayton, Gina Cc: Hollander, Gwen; Dewitt, Gina Subject: GM09-1420-044: RE: Tie Poles Please send the corrected ordinance now. Gina, FYI upon your return. We should handle this the same way the last one was handled. From: Clayton, Gina Sent: Monday, August 17, 2009 2:56 PM To: Dougall-Sides, Leslie Cc: Hollander, Gwen Subject: FW: Tie Poles Do you want me to correct the ordinance now and send a new copy or wait until after Thursday's meeting? From: Akin, Pam Sent: Monday, August 17, 2009 2:42 PM To: Clayton, Gina Cc: Dougall-Sides, Leslie; Dewitt, Gina Subject: RE: Tie Poles Ol We will amend on 1" reading From: Clayton, Gina Sent: Monday, August 17, 2009 2:35 PM To: Akin, Pam Cc: Dougall-Sides, Leslie Subject: Tie Poles Pam/Leslie - can I go ahead and incorporate the language for tie poles I gave Council this morning into the ordinance or do we need to officially add it at the time of first reading? Thanks. Gina Matzke, Lauren From: Clayton, Gina Sent: Sunday, August 16, 2009 4:35 PM To: Delk, Michael Cc: Matzke, Lauren Subject: DOCK PROVISIONS Importance: High In reviewing the dock sections, I don't see two things. There was an additional provision related to tie poles that got added to the single family provision (50'limite) but it was not added in the commercial section. Was that intended. The other thing has to do with deviations for commercial docks exceeding 250'. 1 don't see anything specific about exceeding 250'. Was that on purpose? I • • LL U } Clearwater U City Attorney's Office Interoffice Correspondence Sheet TO: Pamela K. Akin, City Attorney FROM: Leslie K. Dougall-Sides, Assistant City Attorney SUBJECT: Possible Ban on Commercial Dock Permitting and Construction on East Side of Sand Key DATE: July 30, 2009 I have been asked to research whether the City of Clearwater has the legal authority to ban the construction of commercial docks on the eastward side of Sand Key, adjoining and in Clearwater Harbor, and what the legal consequences would be of such a ban. Commercial docks are defined in Community Development Code Section 3-601C.3. as any dock, pier, or wharf, including boatlifts, that is used in connection with a hotel, motel or restaurant where the slips are not rented, leased or sold; or such facilities used in connection with a social or fraternal club or organization and used only by its membership; or such facilities constructed and maintained by the City of Clearwater, Pinellas County or by any state or federal agency. Any multi-use dock with a deck area exceeding 500 square feet is treated as a commercial dock. Commercial docks must obtain approval from the City and a permit from the Pinellas County Water and Navigation Control Authority and shall only be permitted as a Level Two (flexible development) use, which requires Community Development Board approval. Criteria for approval are then given for approval, including: • Use and compatibility • Impacts on existing water recreation activities • Impacts on navigation • Impacts on marine environment • Impacts on water quality • Impacts on natural resources • Impacts on wetlands habitat/uplands • Dimensional standards Subsection 3-601 C.3.h.v.) provides that deviations from the requirements of the Section may be considered and approved by the Community Development Board in order to comply with the non-dimensional standards. Section 3-605 provides that docks shall be constructed in such a manner as to equal or better the construction requirements for docks and the dimensional requirements of Pinellas County. The instant research question arose in the context of City Council consideration of Ordinance No. 8043-09 ["Code V], which includes certain amendments to Section 3- 601, Docks. This question raises several legal issues, discussion of which follows. 1. Is the regulation of commercial docks within Clearwater Harbor preempted to the federal government, the State of Florida or Pinellas County? Clearwater Harbor contains the Intracoastal Waterway and is also designated as an Aquatic Preserve under Florida Statutes Chapter 258. The Army Corps of Engineers has permitting authority under Section 10 of the Rivers and Harbors Act of 1899 [permit required for structures and/or work in or affecting navigable waters of the United States] and Section 404 of the Clean Water Act [permit required for discharge of dredge and fill material into waters of the United States]. The Florida Department of Environmental Protection has jurisdiction to regulate commercial dock construction within waterways. State-level permitting for docks is governed by Florida Statutes Chapter 403. Section 403.813 provides certain exemptions from state permitting, including in Subsection (1)(b)1. the construction of private docks of 1000 square feet or less of over-water surface area, and installation of mooring pilings and dolphins associated with private docking facilities of 500 square feet or less of over-water surface (where located in an Outstanding Florida Water/Aquatic Preserve) and consisting of floating docks which are the sole dock for a distance of 65 feet. The Section also states that municipal and county governments may regulate dock permitting and construction. Additionally, where state-owned sovereign submerged lands are involved, the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund have authority to grant or deny letters of consent and leases under Florida Statutes Chapters 253 and 258 [Aquatic Preserves]. Pinellas County has adopted a dock regulation ordinance which authorizes the Board of County Commissioners sitting as the Pinellas County Navigation Authority to consider requests for County dock permits on a Countywide basis. Pinellas County Code, Secs. 166-241 through 166-364, adopted by Ordinance No. 94-34. The County's countywide authority is asserted by virtue of a special act of the Florida Legislature. Laws of Fla. Ch. 31182 (1955), as amended. The County defines "commercial dock", Class A, as "any dock, pier or wharf used in connection with a hotel, motel or restaurant and where the slips are not rented, leased or sold, but utilized as an enhancement to the principal function of the basic facility." Class B covers membership clubs, while 0 0 Class C addresses governmental facilities. Pinellas County, in processing applications, considers whether the City of Clearwater has granted the permit request or has any objections thereto. The County's Ordinance does not specifically evidence any intent to preempt regulation of dock construction by municipalities, and a number of Pinellas municipalities have adopted such ordinances. Municipal ordinances may not conflict with a controlling provision of a state statute. Mulligan v. City of Hollywood, 871 So. 2d 249 (Fla. 4th DCA 2003). Statutes enacted by the Florida legislature may preempt local legislative action i[ d.], either explicitly or by implication. GLA and Associates, Inc. v. City of Boca Raton, 855 So. 2d 278 (Fla. 4th DCA 2003); Fla. Stat. § 166.021 (2008). Implied preemption should be found to exist only where the legislative scheme is so pervasive as to evidence an intent to preempt the particular area and where strong public policy reasons exist for finding such an area to be preempted by the legislature. Id. The same principles apply to analysis of the special act creating the Pinellas County Water and Navigation Control Authority and to federal preemption. Given the subject statutory language, my conclusion on this issue is that the regulation of commercial docks within Clearwater Harbor is not preempted to the federal government, State of Florida or Pinellas County, and that the City of Clearwater has municipal home rule authority under Florida Statutes Chapter 166 to regulate such permitting and construction. 2. What if any effect do upland owners' littoral rights have upon a municipality's attempt to ban dock construction? In Florida, real property owners may exercise certain littoral rights incident to their ownership of lands bordering on tidewaters. Technically, "riparian" refers to rights of owners adjacent to lakes, streams, and rivers, whereas "littoral" refers to rights of owners adjacent to tidally influenced waters. Florida Statutes Section 253.141 does not make a distinction between riparian and littoral rights. That Section undertakes to delineate such rights, and the Florida Supreme Court has upheld its characterization of the common law on this topic. Webb v. Giddens, 82 So.2d 743, 745 (Fla.1955). Subsection (1) of the Section provides: Riparian rights are those incident to land bordering upon navigable waters. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law. Such rights are not of a proprietary nature. They are rights inuring to the owner of the riparian land but are not owned by him or her. They are appurtenant to and are inseparable from the riparian land. The land to which the owner holds title must extend to the ordinary high watermark of the navigable water in order that riparian rights may attach. Conveyance of title to or lease of the riparian land entitles the grantee to the riparian rights running therewith whether or not mentioned in the deed or lease of the upland (emphasis added). • • The right of "boating" has been construed as the right to use the water for navigational purposes or to "wharf out" to a navigable depth. Board of Trustees v. Medeira Beach Nominee, Inc., 272 So. 2d 209 (Fla. 2nd DCA 1973). Florida courts have held that riparian/littoral rights include the right to build a dock in order to have access to navigable waters. Shore Village Property Owners' Assn, Inc. v. State of Fla. Dey't of Environmental Protection, 824 So. 2d 208 (Fla. 4t DCA 2002), citing Tewksbury v. City of Deerfield Beach, 763 So. 2d 1071 (Fla. 4th DCA 1999), rev. dism'd, 766 So. 2d 220 (Fla. 2000); Belvedere Dev't Corp. v. Dey't of Transportation, 476 So. 2d 649 (Fla. 1985); Cartish v. Soper, 157 So. 2d 150 (Fla. 2nd DCA 1963). In AGO 96-49, the Florida Attorney General opined: Thus, riparian property owners in Florida have a qualified right to build docks or "wharf out" to navigable water and have exclusive rights to use their private property. It would appear, therefore, that a dock or wharf constructed by the riparian owner with the consent of the state operates as an extension of the riparian owner's private property interest that may be protected under the laws of this state. The case law does not discuss the allowable length or dimensions of such a dock; however, presumably at least a minimal structure is allowed. Littoral rights are not absolute and are subject to reasonable regulation such as permitting and construction requirements. However, the City needs to exercise caution in regulating upland owners' littoral rights so as not to impermissibly infringe upon them. 3. Would such a ban create constitutional or common-law liability for a takings claim or lead to litigation under the Bert Harris Act? Article X, Section 6(a) of the Florida Constitution provides that private property may not be taken for a public purpose without just compensation. Florida courts have held that littoral rights are property rights, which as such are subject to this limitation. See Thiesen v. Gulf, F. & A. Ry. Co., 78 So. 491, 507 (Fla.1917); Brickell v. Trammell, 82 So. 221, 227_(F1a.1919); and AGOs 79-71 and 85-47. Therefore, any infringement upon such rights could render the City liable in the event of a constitutional or common- law takings claim. See also Attorney General Opinion 85-47, in which the Florida Attorney General's Office opined that action by the City of Clearwater to prohibit any boat traffic within 300 feet of certain public beaches "may subject the municipality to liability for just compensation for the taking of the upland owners' littoral rights of ingress and egress over the water. In addition to such claims, the Bert Harris Act, passed in 1995, provides for relief including compensation for actual loss to fair market value of real property, where a specific action of a governmental entity imposes an "inordinate burden" upon an existing use or vested right to specific use of that property. The term "vested right" is to be interpreted by applying the statutory law of Florida, presumably including the above- referenced Florida Statues Section 253.141. "Inordinate burden" is defined as an action which • • has directly restricted or limited the use of real property such that the property owner is permanently unable to attain the reasonable, investment-backed expectation for the existing use of the real property or a vested right to a specific use of the real property with respect to the real property as a whole, or that the property owner is left with existing or vested uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. Fla. Stat. § 70.001(3)(e) (2008). The claims process under the Act is set forth in my Memorandum of January 9, 2009 regarding Amortization of East Gateway Businesses. The Act specifically states in subsection (9) that it provides a cause of action for governmental actions that may not rise to the level of a taking without just compensation under the state or federal Constitutions, and that the Act may not "necessarily" be construed under the case law regarding takings if the governmental action does not rise to the level of a taking. Since the Act's adoption there have been very few appellate cases on its substantive application, and none regarding riparian/littoral rights. A court examining a takings or Bert Harris Act claim would review the basis for adoption of a provision banning commercial docks in the particular geographical area. The legislative record would be reviewed regarding whether it provided a substantive basis for distinguishing the east Sand Key area from other shorelines, for instance on the basis of water depth, shoreline configuration, or the presence of marine life, benthic organisms, or seagrass. In addition to the above considerations, as a practical matter, applications for private commercial docks on the eastward side of Sand Key have not been readily granted. For instance, research by Planning staff indicates that the former Radisson [now Marriott] Hotel applied for approval for a marina project in 1989. The proposal was withdrawn prior to a Pinellas County Navigation Authority vote. A revised proposal was turned down by the County in 1992 after community objection. The property owner once again explored the possibility of permitting in the 2000 time frame, meeting with neighborhood groups, but media accounts and City records indicate that an application was never filed. Therefore, even if the City does not adopt an ordinance banning all commercial docks in the area, it does not necessarily follow that such docks will be approved. CONCLUSION Although the City has the general legal authority to regulate dock permitting and construction, adoption of a complete ban on construction of commercial docks on the eastward side of Sand Key would need to be carefully considered as it could create the possibility of a viable claim for taking of littoral rights and a statutory vested rights claim under the Bert Harris Act. • • Matzke, Lauren From: Delk, Michael Sent: Wednesday, July 29, 2009 11:39 AM To: Matzke, Lauren; Clayton, Gina Subject: FW: proposed docks amendments for review FYI From: Morris, William D. Sent: Wednesday, July 29, 2009 11:16 AM To: Delk, Michael Subject: RE: proposed docks amendments for review Michael; I thought the Mayor wanted the limit including tie poles to be 250 feet, the other option if we wanted to stay closer to the county would be to limit the structure of the dock to 250 feet and the tie poles not to extend out past 300 feet. That way if they wanted larger slips they have the option of pulling the dock back alone areas they want slips longer than 50 feet. (or a side tie on the end of the dock, that would accommodate an occasional larger vessel, similar to how we have "t's" at the end of the marina docks and can accommodate up to 140 foot vessels on the rare occasion we get them in here with the normal large vessel being 80 to 100 feet that we put on the "t". I have been put on notice Sand Key is going to go after this again with a presentation possibly 6 August under citizens to be heard so we hear their input before the 17th Work session and 18th CDB etc... If the Mayor wants a 250' limit to include tie poles they would be hard pressed to build a structure at the shoppes as there are large sea grass beds that go out that far in that location. il % *i* New Image 2.JPG East side of sand Key with nar... Engineering did these picture files for me and they measured the 250 feet from their best guess of the tide line which was low tide and not the seawall. The line in the picture along Sand key is more like 300 feet off the seawall/high tide line where there is a beach and not 250 feet. I only say that because the sailing center docks are about 250 feet and the Coast guard docks were at about 275 feet to get enough water for their newest "small boats" (47 seven foot long) Bill M From: Delk, Michael Sent: Wednesday, July 29, 2009 10:55 AM To: Morris, William D. Subject: RE: proposed docks amendments for review Bill - What do you recommend in terms of tie pole limits? mid From: Morris, William D. Sent: Wednesday, July 29, 2009 9:55 AM To: Matzke, Lauren Cc: Delk, Michael; Clayton, Gina Subject: RE: proposed docks amendments for review << File: East side of sand Key with narrow line.pdf >> << File: 2008 picture showing seagrass and center boundarie for PPf.pdf >> Lauren, after reading this and getting an earful from some Sand key Residents, I asked engineering to give me some aerials to work with if I needed to put them on the ELMO or in a power point. At least one of the council members made a comment about the tie poles being the "problem" as they stick out from the dock as independent structures and are difficult to light. We have made reflective tape required to be put on tie poles a condition in the past at DRC. My biggest concern is that along Sand Key with so much open water, with no limit other than 25% the width of the waterway on the tie poles. It is not unlikely to see the tie poles out 50 to 70 feet or more. I currently cannot meet the demand for 50 foot plus vessels at the city marina. Until I get the downtown slips built I have nowhere to put the increasingly larger vessels I get in here both looking for a permanent slip and as transients. This past year I have regularly had 80 and 100 foot vessels with the largest being 140 feet with an 8 foot Draft. Is it possible to put some limits on the overall protrusion into the waterway that includes the tie poles? If not we will see the 250 foot dock be the starting point for the Boat slip and tie poles out 40 to 100 feet to accommodate vessels and end up with structures going 350 feet into the waterway (or more). Bill M From: Matzke, Lauren Sent: Monday, July 27, 2009 8:32 AM To: Morris, William D. Subject: FW: proposed docks amendments for review Bill - FYI ... I have asked for comments from my team by today. This is the latest version, attempting to address Council's desire for limiting length unless there are environmental reasons otherwise. If you have any thoughts, I'd appreciate hearing them! Thanks, Lauren From: Matzke, Lauren Sent: Friday, July 24, 2009 9:36 AM To: Planning Subject: proposed docks amendments for review Attached for your review is the language currently drafted to address Council's desire to limit dock length yet establish procedures for review when deviations may be necessary for environmental reasons. I would appreciate your review and comments by Monday. Thank you in advance for your time. I know this is exactly what you've been waiting for on a Friday! Enjoy! Lauren Lauren Matzke 0 0 Matzke, Lauren From: Clayton, Gina Sent: Friday, July 17, 2009 8:22 AM To: Watkins, Sherry Cc: Matzke, Lauren Subject: FW: GM09-1420-044: RE: Dock Revisions At last night's council meeting Code V was continued until August 20th. We will need to put this on the August 18th CDB meeting. From: Delk, Michael Sent: Thursday, July 16, 2009 4:16 PM To: Dougall-Sides, Leslie; Clayton, Gina Cc: Akin, Pam Subject: RE: GM09-1420-044: RE: Dock Revisions Thanks Leslie. Pam - With this approach I can suggest to Council tonight that we can expedite this matter with a CDB hearing on August 18 and City Council 1St reading on August 20. It will not take us long to redraft the change and get it advertised. mid From: Dougall-Sides, Leslie Sent: Thursday, July 16, 2009 3:31 PM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam Subject: GM09-1420-044: RE: Dock Revisions Importance: High I agree that if any changes are being made to Section 3-601 other than those relating to "additional requirements for deviations ", the title would need to change and be readvertised. The changes described appear to go beyond the deviations language and address substantive requirements re length and dimensional standards, and I agree this would be necessary to accomplish Council's intent. (Also the exemption for East Clearwater Harbor, if that is still the direction, would be substantive.) We also need to be mindful of the holding in Neumont v. State, 967 So. 2d 822 (Fla. 2007). There, the "general purpose test" was adopted to determine whether the enactment process must be restarted for an ordinance which changes in the process of adoption. The inquiry is whether the ordinance's general purpose has undergone a substantial or material change. The Florida Supreme Court upheld enactment without restarting the process where the ordinance in question was narrowed in scope during the process. It stated that "[o]ur opinion might differ if the second [modified] advertised title had broadened, rather than limited, the scope of the ordinance". The Court's concern was placing the public on notice that "the availability of a particular land use might be altered". Since the amendments appear to have the effect of restricting property use it may be advisable to "restart the enactment process". There is no post-Neumont case law discussion of what that might mean, but the best guess is incorporating all changes in the ordinance, changing the title to reflect the changes, and advertising anew the title for, and conducting, new CDB and City Council hearings. From: Delk, Michael Sent: Thursday, July 16, 2009 1:35 PM 0 0 To: Clayton, Gina Cc: Dougall-Sides, Leslie; Akin, Pam Subject: RE: Dock Revisions Leslie - I know we are careful about ensuring the title reflects our intent and anticipated changes. think Gina's concerns have merit. Technically, the Marriott property due to its width could request minimum and exceed 250'. We want to accomplish want Council wants a quickly as possible but want to make sure it's done correctly. Your thoughts? From: Clayton, Gina Sent: Thursday, July 16, 2009 12:09 PM To: Delk, Michael; Matzke, Lauren; Porter, Catherine Subject: Dock Revisions I'm not sure we can make the changes council desires to the dock provisions based on the current title. The title states amending Article 3 Development Standards, Section 3-601, docks, to create additional requirements for deviations, and making minor editorial changes; In order to restrict dock lengths to 250' (especially for the large properties e.g. Sand Key Marriott) I believe we need to amend 3-601.C.1.b. Length and 3-601.C.3.h Dimensional Standards to impose the 250' limit. Both these subsections deal with lengths. Deviations are dealt with in subsections call "deviations." I think we will also need to build in some deviation provision related to exceeding 250' but we still need to establish the 250' limitation in the length sections. What do you think? 0 0 Matzke, Lauren From: Dougall-Sides, Leslie Sent: Thursday, July 16, 2009 3:32 PM To: Matzke, Lauren; Porter, Catherine; Goudeau, Cyndie Subject: FW: GM09-1420-044: RE: Dock Revisions Importance: High FYI From: Dougall-Sides, Leslie Sent: Thursday, July 16, 2009 3:31 PM To: Delk, Michael; Clayton, Gina Cc: Akin, Pam Subject: GM09-1420-044: RE: Dock Revisions Importance: High I agree that if any changes are being made to Section 3-601 other than those relating to "additional requirements for deviations ", the title would need to change and be readvertised. The changes described appear to go beyond the deviations language and address substantive requirements re length and dimensional standards, and I agree this would be necessary to accomplish Council's intent. (Also the exemption for East Clearwater Harbor, if that is still the direction, would be substantive.) We also need to be mindful of the holding in Neumont v. State, 967 So. 2d 822 (Fla. 2007). There, the "general purpose test" was adopted to determine whether the enactment process must be restarted for an ordinance which changes in the process of adoption. The inquiry is whether the ordinance's general purpose has undergone a substantial or material change. The Florida Supreme Court upheld enactment without restarting the process where the ordinance in question was narrowed in scope during the process. It stated that "[o]ur opinion might differ if the second [modified] advertised title had broadened, rather than limited, the scope of the ordinance". The Court's concern was placing the public on notice that "the availability of a particular land use might be altered". Since the amendments appear to have the effect of restricting property use it may be advisable to "restart the enactment process". There is no post-Neumont case law discussion of what that might mean, but the best guess is incorporating all changes in the ordinance, changing the title to reflect the changes, and advertising anew the title for, and conducting, new CDB and City Council hearings. From: Delk, Michael Sent: Thursday, July 16, 2009 1:35 PM To: Clayton, Gina Cc: Dougall-Sides, Leslie; Akin, Pam Subject: RE: Dock Revisions Leslie - I know we are careful about ensuring the title reflects our intent and anticipated changes. I think Gina's concerns have merit. Technically, the Marriott property due to its width could request minimum and exceed 250'. We want to accomplish want Council wants a quickly as possible but want to make sure it's done correctly. Your thoughts? From: Clayton, Gina Sent: Thursday, July 16, 2009 12:09 PM To: Delk, Michael; Matzke, Lauren; Porter, Catherine Subject: Dock Revisions I'm not sure we can make the changes council desires to the dock provisions based on the current title. The title states amending Article 3 Development Standards, Section 3-601, docks, to create additional requirements for deviations, and making minor editorial changes; In order to restrict dock lengths to 250' (especially for the large properties e.g. Sand Key Marriott) I believe we need to amend 3-601.C.1.b. Length and 3-601.C.3.h Dimensional Standards to impose the 250' limit. Both these subsections deal with lengths. Deviations are dealt with in subsections call "deviations." I think we will also need to build in some deviation provision related to exceeding 250' but we still need to establish the 250' limitation in the length sections. What do you think? 2 0 C Matzke, Lauren From: Dougall-Sides, Leslie Sent: Tuesday, July 14, 2009 12:37 PM To: Clayton, Gina; Hollander, Gwen; Dewitt, Gina Cc: Matzke, Lauren Subject: RE: A04-01420: FW: Amendment to Dock Deviations It will need to be determined when the final version is developed whether it requires starting over with CDB review under the recent case law and/or readvertising and/or amendment on first reading. From: Clayton, Gina Sent: Tuesday, July 14, 2009 12:35 PM To: Dougall-Sides, Leslie; Hollander, Gwen; Dewitt, Gina Cc: Matzke, Lauren Subject: RE: A04-01420: FW: Amendment to Dock Deviations Yes - but based on the work session this ordinance is being continued. From: Dougall-Sides, Leslie Sent: Tuesday, July 14, 2009 12:34 PM To: Hollander, Gwen; Dewitt, Gina Cc: Clayton, Gina; Matzke, Lauren Subject: A04-01420: FW: Amendment to Dock Deviations Importance: High Was an Amendment on First Reading form prepared for this? From: Clayton, Gina Sent: Monday, July 13, 2009 11:19 AM To: Matzke, Lauren; Morris, William D.; Dougall-Sides, Leslie Cc: Delk, Michael Subject: Amendment to Dock Deviations Importance: High Attached please find the revision we plan to submit to Council today. Let me know if you have any concerns. Thanks. • • Matzke, Lauren From: Clayton, Gina Sent: Monday, June 15, 2009 2:27 PM To: Matzke, Lauren Cc: Porter, Catherine Subject: PPC ,Importance: High Please call the PPC and let them know that we did not add all of their limitations - that we thought the language we added to each zoning district resolved that. However, point out that we agreed to include those kind of things in the IRT district as we had already add those thresholds. They had agreed to that and now should not change their mind. • To: Michael Delk, AICP, Planning Director From: Gina L. Clayton, Assistant Planning Director Date: May 21, 2009 • :'Clearwater U RE: Consistency of TDR Provisions and Countywide Rules The PPC conducted a consistency review of the Clearwater Community Development Code and determined that the City's transfer of development rights provisions do not address all requirements applicable to TDRs provisions contained in the Countywide Rules. The PPC staff recommends the following action be taken to bring consistency: The City's LDRs will be amended to thoroughly address all requirements applicable to the transfer of development rights, including the consistency of use characteristics between sending and receiving parcel plan categories, the limitations on TDRs from existing developed property, the regulations for exceeding maximum density/intensity within a designated redevelopment area, the development right restrictions on sending parcels, the prohibiting of transferring additional development rights from parcels previously used as sending parcels, the applicable restrictions on TDRs associated with submerged land and the coastal high hazard area, and the development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories. Please note that on March 7, 2002 the PPC stated in a letter that proposed changes to the City's TDR provisions were consistent with the PPC Rules. These amendments were done to bring consistency to recently approved PPC Rules. Furthermore, the City revised the TDR provisions in 2005 and the changes, along with changes to Beach by Design in 2006, were rendered to be consistent with the Countywide Rules. The Clearwater Community Development Code only allows TDRs in two instances: from designated environmental, open space, archaeological, historical or architectural significant sites or from parcels located within areas governed by a special area plan pursuant to a Community Redevelopment District of Central Business District i.e. the Downtown and Clearwater Beach. The PPC staff review of the Community Development Code concludes that the City's TRD provisions do not address the requirements that there be consistency of use characteristics between the sending and receving parcel plan categories. The Code does not; however, this 9 0 requirement probably cannot be met when transferring rights from environmental land and/or open space and potential archaeological and possible certain types of historic sites. Based on this, it is unclear as to why the Clearwater Community Development Code has been determined to be inconsistent with the Countywide Rules. Pursuant to Countywide Rules Section 4.2.7.2.1.C.1 and 3, transfers taking place in areas governed by special area plans, are in fact governed by those plans. Neither the Downtown Redevelopment Plan or Beach by Design places this restriction. It should be noted however that the Clearwater Beach Community Redevelopment District is primarily designated Resort Facilities High and the Downtown is designated Downtown, Commercial General and Resident/Office General with some limited residential categories. Since TDRs are restricted to the relevant plan areas, the use characteristics of the land use categories are consistent on Clearwater Beach and generally consistent in the Downtown area. The PPC states that the City needs to place a limitation on TDRs from existing developed property. The Rules, however, exempt archaeological, historical or architectural preservation from this, as well as areas governed by approved redevelopment plans. As previously stated, Clearwater only allows TDRs for archaeological and historic properties (and environmental. sensitive lands and open space), which are exempt from this requirement, and for areas governed by special area plans. The Community Development Code addresses parcels located within areas governed by special area plans. The focus of the provisions relate to the receiving site. In an e- mail from Mike Crawford dated Dec. 20, 2005, he states "the City may allow units transferred from developed parcels in the special area plan." Beach by Design specifies that the density can be transferred from "other property within the Clearwater Beach Community Redevelopment District." No limitation is placed on whether the property is developed or not developed. The Plan also reflects the increase in hotel density from 40-50 units per acre and specifies that any TDRs gained from the additional 10 overnight accommodations units per acre, shall only, be used for overnight accommodation uses. Clearly Beach by Design contemplated developed properties transferring that newly found density. Policy 7 of the Downtown Plan states that TDRs are permitted for all projects to assist development provided both sites are located in the plan area. "All projects" imply there is no restriction on whether or not a property is previously developed. Another PPC comment relates to provisions for exceeding maximum density/intensity within a designated redevelopment area. The Clearwater Code has very specific language regarding areas governed by plans. Consistent with Countywide Rule 4.2.7.2.1.C.1 and 3, the Clearwater Community Development Code states that parcels receiving transfers may exceed density as set forth in the special area plan (see Code Section 4-1402.5.a). Furthermore, it states that if the Plan does not specify the amount, the TDR can only be used to exceed density by up to 20% (Code Section 4-1402.5.b). The Code also provides for several specific situations on Clearwater Beach (Code Sections 4-1402.5.c and d). The Downtown Plan specifies how to apply TDRs in the areas designated Central Business District and those with a different designation (see Policy 7, page 52). It is unclear how the City's LDRs do not address the regulations for exceeding maximum density/intensity within a designated redevelopment area. The PPC staff states that the City's LDRs do not address the development right restrictions on sending parcels. Code Section 4-1402.3 specifies that transfers shall be in the form of a special 2 0 0 warranty deed, which specifies the amount of transferable rights being conveyed or sold and the real property from which the rights are transferred. Additionally the special warranty deed has to contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred. The Code does not reiterate all provisions contained in the Countywide Rules regarding the sending parcel. The Rules require that: the residual development rights be limited to the remnant use and density available under the Countywide Plan designation and not otherwise transferred; a determination of available remnant use and density/intensity for any mixed use, or combination of district uses, shall be in accord with consistency criteria in the Countywide Rule; neither the use nor the density/intensity of a sending parcel can be counted and the TDR doesn't result in any combination of use of density/intensity above that allowed for each sending and receiving parcel, when taken together; and a sending parcel from which all development rights are transferred cannot be used for anything unless it is consistent with the use characteristics and density/intensity standards of the Recreation/Open space; category, unless the sending parcel is classified as Preservation. The City relies on the covenant to specify the remnant density /intensity and its obvious that the use of the property can only be used.in a manner supported by the City's Future Land Use Map, Community Development Code and Countywide Rules. The Code does. not address a sending parcel from which all development. rights have been transferred. .. Another issued raised by the PPC staff relates to the Rules' prohibition of transferring. additional development rights from parcels previously used as a sending parcel. The Clearwater Code is silent on this issue. The staff would rely on the Rules to guide in these situations.. . . The Countywide Rules specify that no transfer of density is allowed to or from submerged land or from outside the coastal high hazard area into the coastal high hazard area. The Clearwater Code provides no density rights to submerged land, therefore there are no development rights to transfer (see Code Section 3-902.G). It should be noted that in proposed Ordinance No. 8043-09 scheduled for CDB review on June 16, 2009 Code Section 3-902.G which states submerged land has no density rights is being expanded to also address FAR and ISR. The Clearwater Community Development Code does not directly address transfers in the Coastal High Hazard Area. It specifies that transfers from the mainland must stay on the mainland and transfers on the barrier islands can only be used on the barrier islands. The Code would need to be amended to specifically reference the coastal high hazard area. Since the City uses the term Coastal Storm area, consideration should be give to use this term. With regard to the PPC comment that the Code needs to address development right restrictions on parcels in the P and R/OS land use categories, an amendment would be necessary. It should be noted that Planning Department staff has been relying on this Countywide Rule provision and applied it to projects in the past where uplands were designated as R/OS or P. 3 0 0 Matzke, Lauren From: Clayton, Gina Sent: Thursday, May 21, 2009 11:09 AM To: Dougall-Sides, Leslie Cc: Matzke, Lauren; Porter, Catherine; Delk, Michael Subject: Revisions to TDR provisions Leslie - through the consistency review, PPC indicated that our TDR provisions do not fully address the Countywide Rule provisions. Attached please see some revisions we are proposing to meet some of their concerns. Based on a thorough review of their objections, I believe our code and special area plans address many of their objections/concerns. I've asked Lauren to incorporate the attached revisions into Code V and am waiting for Mike Crawford to call me back to address the remaining issues with him. Hopefully we will come to agreement. Thanks. Gina Proposed Transfer of Developme... • • Proposed Amendments to the Transfer of Development Rights Provisions Section XX. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1402. Allocated development rights are freely transferred. The transfer shall be in the form of a special warranty deed, which shall specify the amount of transferable development rights which are being conveyed or sold and the real property from which the rights are transferred. Additionally, the special warranty deed shall contain a covenant restricting in perpetuity the use of the parcel from which the rights have been transferred and the remaininiz density/intensity available pursuant to the property's Future Land Use Plan designation. Determination of available remnant use and density/intensi shall be consistent with the Clearwater Comprehensive Plan, Countywide Plan Map and Rules and/or governing special area plan. Section XX. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Allocated development rights are freely transferred. 5. For parcels located within an area designated Central Business District (CDB) or Community Redevelopment District (CRD) on the Countywide Future Land Use Plan map or parcels governed by approved redevelopment or special area plans, a site may only receive density/intensity transferred from within the CDB, CRD, redevelopment plan area or special plan district from within the plan area or district in which the site is located. a. Transfer of development rights may be sent from vacant and/or existing developed parcels. NEED TO RELETTER THE EXISTING a- d to b- e. 0 • Section XX. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1402, "Allocated development rights are freely transferable", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1402 Allocated development rights are freely transferred. 6. Where density/intensity cannot otherwise be determined for parcels designated as Preservation or Recreation/Open Space category on the City's Future Land Use Plan Map, such categories shall be assigned a maximum density/intensity of one dwelling unit per acre or five percent floor area ratio per acre, or both, as is applicable based on the use characteristics to be utilized in the receiving parcel. Section XX. That Article 4, "Development Review and Other Procedures", Division 14, "Transfer of Development Rights", Section 3-1403, "Use of transferred development rights", of the Community Development Code, be, and the same is hereby amended to read as follows: 4-1403. Use of transferred development rights E. The use of transferable development rights shall be consistent with the following 4. There shall be no transfers of density/intensity from outside the coastal storm area into the coastal storm area. 0 0 Matzke, Lauren From: Delk, Michael Sent: Thursday, May 21, 2009 9:52 AM To: Matzke, Lauren Subject: RE: Dock Code Revisions Concur. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Matzke, Lauren Sent: Tuesday, May 19, 2009 11:03 AM To: Clayton, Gina; Delk, Michael; Porter, Catherine Cc: Morris, William D. Subject: RE: Dock Code Revisions Thanks. I'll make these and the previously sent changes. -----Original Message----- From: Clayton, Gina Sent: Tuesday, May 19, 2009 11:01 AM To: Matzke, Lauren; Delk, Michael; Porter, Catherine Subject: RE: Dock Code Revisions I'm fine with that. Would you revise to state that The use of the proposed dock/tie poles or use thereof, shall not adversely impact the health, safety or well being of .... -----Original Message----- From: Matzke, Lauren Sent: Tuesday, May 19, 2009 10:53 AM To: Delk, Michael; Clayton, Gina; Porter, Catherine Subject: FW: Dock Code Revisions FYI Bill would prefer we use Preclude (instead of impede) and would like the language to also mention Tie Poles. I can make these revisions if you agree. It doesn't appear that he has any further comment on the language added to address deviations. -----Original Message----- From: Moms, William D. Sent: Tuesday, May 19, 2009 10:49 AM To: Matzke, Lauren Subject: RE: Dock Code Revisions Lauren I cut out the section below and added some comments in it I was looking for language that basically said we did not cut off the exiting uses from occurring knowing we would have some impact by the mere existence of a dock and tie poles. to say "not preclude" the existing uses vs. "not impede" makes me more comfortable approving docks in areas such as Mandalay. Also I think the tie poles for the docks need to be mentioned in this section. Bill M 0 0 b. Impacts on existing water recreation activities. The use of the proposed dock or use thereof, shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and/or commercial uses. Furthermore, the dock it shall not***** impede (could we say "preclude" instead of !Impede? I looked both up in the dictionary, impede means hinder, "preclude would mean prevent or make impossible"***** the existing uses of the adjacent waterway. Such by uses include +ncludinq but are not limited to non= motorized boats and motorized boats. -----Original Message From: Matzke, Lauren Sent: Tuesday, May 19, 2009 10:01 AM To: Delk, Michael; Clayton, Gina; Morris, William D.; Porter, Catherine Subject: Dock Code Revisions Please find attached the latest draft of revisions to Section 3-601 Docks. For your convenience, I am including the entire section of code and have highlighted any portion where amendments are proposed. Further modifications to the language have been made since it was last sent to you for review, so please review the entire document if possible. Thank you in advance for your help and any further comments you have on this language. Kind Regards, Lauren Lauren Matzke Planner Ill, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com << File: Dock Standards with amendments 5-19-09.doc >> 0 0 Matzke, Lauren From: Morris, William D. Sent: Wednesday, May 13, 2009 4:13 PM To: Matzke, Lauren Subject: RE: Docks - Sunset Drive area low tide along Low tide along Low tide between Edgewater at St... OsceolaJpg . Stevensons cr... Lauren, I have to work on something for city hall, I have a few aerial shots along Sunset taken at low tide that show similar conditions to what you see in these pictures. I believe all the properties along sunset would be okay as they all have the same problem. Bill M -----Original Message----- From: Matzke, Lauren Sent: Wednesday, May 13, 2009 2:29 PM To: Moms, William D. Subject: Docks - Sunset Drive area Bill -- In follow-up to part of our discussion yesterday, I wanted to get your opinion on whether or not some of the existing docks in the Sunset Drive area would still be allowed as built by the proposed code change. This is the area you mentioned where lengths were often extended to reach an appropriate depth of water. I looked at one case (FLD2006-06038, 1202 Sunset Drive) where a length deviation was allowed for a 6-slip dock, in part as a compromise so they would build one dock instead of three. The approved length would have been fine using the proposed deviation language as well (no more than 50% deviation). My calculations are below. Property Width: 186.61 feet "Allowed" length of dock (75% of width): 139.96 ft Max length with 50% deviation (as proposed): 209.94 Requested length/deviation: 187.2 feet Can you tell me if you think other properties in this area would be OK? Thanks. Lauren Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@mvclearwater.com 0 0 Matzke, Lauren From: Morris, William D. Sent: Monday, May 11, 2009 12:56 PM To: Delk, Michael Cc: Matzke, Lauren Subject: RE: dock language for your review Michael, I did not get the attachment entitled "Dock standards with amendments.doc" could you or Lauren send it again? I know there are People on Island Estates and some bordering Mandalay channel who want "smaller docks and smaller vessels". When the council directed the Marine Advisory Board to weigh in and suggest some changes to the code the MAB said "no" the first time, and then said a qualified "no" the second time. Their excuse was that the City Code very closely mirrors the county code. The county while they try to support what we sign off on dock by dock, having our codes in line with each other generally works for both parties (the city and the county) I think where I come into play is that there are some areas like Mandalay where the navigation channel is not down the center but on the South End it favors the East. 25% out from the Island Estates side would put a dock into the navigational channel in some areas. The 75% the width of the property or 25% the width of the waterway which ever is less has saved us considerable angst on some projects. it is where we have supported variances from guidelines we already have that we have created turmoil (allowed variances of the 75% the width of the waterfront knowing they were less than 25% the width of the property.) Would we be setting ourselves up for any problems in that some docks have received variances if we now hold the line (no pun intended). I spoke with Lauren about looking at what we had supported that required variances and seeing what we could do (or would do) if we just enforced what we have with no variances. Just got off the phone with Lauren, she is sending me the attachment. more to follow after I look it over, Bill M -----Original Message----- From: Delk, Michael Sent: Monday, May 11, 2009 11:52 AM To: Morris, William D. Cc: Matzke, Lauren Subject: RE: dock language for your review Bill - After our meeting I asked Lauren to look at this further. It was my understanding there was some consensus to have some limitation to dock lengths rather than the open ended policy implied by "25%" on very wide water bodies. However, we need to understand however how it might affect parcels along the harbor/waterway north of downtown where we have extended shallow shelf. don't want to create more problems but if this gives assurance of maintaining reasonable dock development consistent with existing patterns or increased length using appropriate flexibility, then it may be a good code change. You are the authority on these matters though so we need your input. We can meet again if it would be helpful. mld Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com Matzke, Lauren From: Dougall-Sides, Leslie Sent: Thursday, April 16, 2009 12:27 PM To: Matzke, Lauren Subject: FW: GM09-1420-044 : Code V - sea turtle light provisions Attachments: Turtles Nest Lighting.pdf IblNumAttach: 1 MailNickName: Leslie. Dougall-Sides MessageGUID: {73A9DF7A-7E7F-48F1-86FC-AEAAFOA75117} MsgHeaderlD: <80F72182073070479C8BFC6AD53E3FEC7COAOO@MSB-EML-l .clearwater-fl.com> OriginalDate: None Originator: SQL Style: Code V Planning See result below. -----Original Message----- From: Treuhaft, Linda Sent: Thursday, April 16, 2009 11:51 AM To: Dougall-Sides, Leslie Subject: RE: GM09-1420-044 : Code V - sea turtle light provisions Leslie, I can find no case law anywhere that refers to this issue. Please find attached a report from the U.S. Fish & Wildlife Service, entitled "Responses to common questions about potential options to compensate for beachfront lighting on Bay and the City of Panama City Beach that causes disorientation of'sea turtles," dated 12/17/07. The last two paragraphs discuss lighting issues. LLT -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, April 16, 2009 9:26 AM To: Treuhaft, Linda Subject: FW: GM09-1420-044 : Code V - sea turtle light provisions- Please research sea turtle lighting restrictions applied to require retrofitting of existing lighting: have any been challenged, in Florida or elsewhere, and if so what was the result? -----Original Message----- From: Matzke, Lauren Sent: Tuesday, April 14, 2009 11:57 AM To: Dougall-Sides, Leslie Cc: Porter, Catherine Subject: GM09-1420-044 : Code V - sea turtle light provisions Leslie -- As we agreed upon last week regarding comment 9 in your review of the Code V amendments (below) I have spoken with someone at Treasure island and at Indian Rocks Beach, both of which have language 0 0 nearly identical to that proposed, to see if they have had any issues with noncompliance or any challenges. 9. Sec. 3-907D. should contain some legislative findings supporting the new requirements. The terms "Clearwater Beach" and "Sand Key" should be defined in Sec. 8-102. In addition, DA appears to require retrofitting. What is the history of such requirements where challenged; also see Comment 7. above. Neither city has had any legal challenges. Treasure Island stated that education has generally worked with residents, and in the few times where there was any issue, Pinellas County always provided back- up support. The Code Enforcement officer with whom I spoke in Indian Rocks Beach says that because there are so many options for compliance (shielding, bulb options) the residents pretty much comply. He tries to work with them (education) and said the code is pretty much cut and dry. He said the only time they really need to speak with anyone at all, at this point, is with visitors renting out residences that may be unfamiliar with the requirements. I hope this helps. You had said you would also have someone help with legal research. Please let me know if you need anything further from me. Thank you. Lauren Lauren Matzke Planner 111, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com 0 0 Matzke, Lauren From: Dougall-Sides, Leslie Sent: Tuesday, April 07, 2009 9:20 AM To: Matzke, Lauren Subject: FW: GM09-1420-044: A04-01420 : RE: Code V - docks language - supporting documents Attachments: (1)Ability to Limit Vessel Size.DOC IbINumAttach: 1 MessageGUID: {2FA7E307-63DD-44CA-B77E4432FB77BB1 E} MsgHeaderlD: <80F72182073070479C8BFC6AD53E3FEC5FB23B@MSB-EML-l .clearwater-fl.com> OriginalDate: None Originator: SQL Style: Code V Planning Not sure if I previously forwarded this to you. The language needs to cover the possibility of the dock/ties plus vessel impeding navigability. -----Original Message----- From: Soto, Camilo Sent: Tuesday, March 31, 2009 2:50 PM To: Dougall-Sides, Leslie Cc: Akin, Pam Subject: GM09-1420-044 : A04-01420 : RE: Code V - docks language - supporting documents With regard to this modification, what the MAB seems to want to accomplish is regulate moored vessel size within navigable waters. What seems to have the MAB on attention is the possibility of a dock or tie-moorings complying with the "25% rule," but an upland property owner mooring a vessel bigger than the dock or tie-moorings allow, thus impeding the navigable waterways. With regard to this issue, I wrote a memo, which is attached, this may provide a better perspective. Let me know if you have any questions. Camilo A. Soto Assistant City Attorney City of Clearwater Attorney's Office 112 S. Osceola Ave. P.O. Box 4748 Clearwater, FL 33758 Phone: (727)562-4010 Fax: (727)562-4021 Privileged/Confidential Information may be contained in this message. If you are not the addressee indicated in this message (or responsible for delivery of the message to such person), you may not copy or deliver this message to anyone. In such case, you shall destroy this message, and notify us immediately. -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, March 26, 2009 7:50 PM To: Soto, Camilo Cc: Akin, Pam Subject: FW: Code V - docks language - supporting documents Camilo, please review from your perspective as having attended the MAB meetings where this topic may have been discussed. Pam, FYI only. 0 0 From: Matzke, Lauren Sent: Thu 3/26/2009 1:08 PM To: Dougall-Sides, Leslie Subject: Code V - docks language - supporting documents Leslie Please find attached two emails (from Bill Morris and Catherine Porter) with their explanations and concerns regarding the currently proposed language for Section 3-601.C.3.c.ii. Please consider these as you complete your review of Code V (TA2009-01002). <<RE: Code V - amendment question>> <<RE: Code V - amendment question>> Thanks. Lauren Lauren Matzke Planner///, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com 10 0 Matzke, Lauren From: Bruch, Tracey Sent: Monday, March 23, 2009 11:51 AM To: Porter, Catherine; Clayton, Gina; Matzke, Lauren Subject: RE: code question If this is the case, we need to keep the alternative viable as it makes sense in some designs and would work to our advantage. Tracey Bruch, CAPP Parking Manager (727) 562-4771 -----Original Message----- From: Porter, Catherine Sent: Monday, March 23, 2009 11:45 AM To: Clayton, Gina; Matzke, Lauren Cc: Bruch, Tracey Subject: RE: code question yes -----Original Message----- From: Clayton, Gina Sent: Monday, March 23, 2009 11:44 AM To: Porter, Catherine; Matzke, Lauren Cc: Bruch, Tracey Subject: RE: code question If you leave the shall in and not alternative then Engineering has not ability to allow the alternative. -----Original Message----- From: Porter, Catherine Sent: Monday, March 23, 2009 11:31 AM To: Clayton, Gina; Matzke, Lauren Cc: Bruch, Tracey Subject: RE: code question I think it would be cleaner to not bring up an option when we have a "shall" in the first clause. -----Original Message----- From: Clayton, Gina Sent: Monday, March 23, 2009 11:22 AM To: Matzke, Lauren Cc: Porter, Catherine; Bruch, Tracey Subject: RE: code question If they want to have the option/authority of allowing a combined entry/exit - perhaps we should just say that "in certain circumstances, one reversible entry/exit lane may be acceptable in lieu of the second pair of entry and exit lanes." Or something along those lines. 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. One reversible entry/exit lane is acceptable in lieu of the second pair of entry and exit lanes. -----Original Message----- From: Matzke, Lauren Sent: Monday, March 23, 2009 10:19 AM To: Clayton, Gina Cc: Porter, Catherine 0 • Subject: FW: code question Gina -- See below for Tracey's answers to your questions from the last draft of Code V. I will make the appropriate changes to the language pertaining to entries/exits. Thanks. -----Original Message----- From: Bruch, Tracey Sent: Monday, March 23, 2009 9:30 AM To: Matzke, Lauren Subject: RE: code question Lauren: Short answer to Q1: No The Illuminating Engineering Society of North America (IES) is the recognized technical authority on illumination. For over 100 years; its objective has been to communicate information on all aspects of good lighting practice to its members, to the lighting community, and to consumers, through a variety of programs, publications, and services. IES is a forum for the exchange of ideas and information, and a vehicle for its members' professional development and recognition. Through technical committees, with hundreds of qualified individuals from the lighting and user communities, IES correlates research, investigations, and discussions to guide lighting professionals and lay persons via consensus- based lighting recommendations. The Society publishes nearly 100 varied technical publications, and works cooperatively with related organizations on a variety of programs and in the production of jointly published documents and standards. Local IES Sections and many lighting corporations offer formal educational programs on lighting, utilizing material developed by IES. Sections offer programs related to specific applications based on IES standards - seminars on sports and recreational lighting, lighting industrial facilities, roadway lighting, museum lighting, to name a few. Virtually every curriculum devoted to lighting - from beginner to advanced - includes IES educational materials. IES is almost 10,000 members strong. Its members work with lighting in a variety of capacities - lighting designers, architects, interior designers, government & utility personnel, engineers, contractors, manufacturers, distributors, researchers and educators - throughout the United States, Canada, Mexico - and around the world. They share a common interest in lighting, and a common desire to promote the use of the latest, most innovative lighting technologies, with a focus on judicious use of energy in all lighting applications. Q2: leave off the alternative of providing a center reversible lane as an alternative. That is always something that can be evaluated during the review process. It is more important to address the ration of number of lanes/ spaces. Tracey Bruch, CAPP Parking Manager (727) 562-4771 0 0 -----Original Message----- From: Matzke, Lauren Sent: Friday, March 20, 2009 9:44 AM To: Bruch, Tracey Subject: code question Tracey -- We've been going through the various cycles of review on the amendment package I am working on that includes the changes to Section 3-1402.1. There were a couple of questions raised that I would like to ask you when you have time. I'll send the references below and perhaps we can speak later. Q1: Are IES standards specific to parking garages? Proposed language: 3. Lighting levels in parking garages having public access shall meet or exceed the minimum Illuminating Engineering Society (IES) standards. Q2: Is there a way to modify the proposed language on entries/exits in certain parking garages so we aren't setting a standard and then immediately providing an alternative within the same requirement? (This one is probably better discussed in person/on phone). Proposed Language: 12. A minimum of two entries and two exits shall be provided for any parking garage with more than 500 parking spaces. One reversible entry/exit lane is acceptable in lieu of the second pair of entry and exit lanes. When my last few changes are made, if necessary, to address the questions above, Gina has asked that I send you a copy to ensure everything is OK. Thanks. Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com 0 0 Matzke, Lauren From: Morris, William D. Sent: Thursday, March 19, 2009 4:24 PM To: Matzke, Lauren Subject: RE: Code V - amendment question Lauren, the only reason I can see the board going with preempt is that I have at least one attorney on the advisory board and in some cases where the word "exceed" is used he may have wanted to emphasize that the upland property owner was "taking over" hence "preempting" the ability of someone else to use the water way out to the limits allowed by our code. They got hung up on the difference between the intent of the code and what they considered a form of "taking" of the navigable water way. Our code clearly uses "exceed" appropriately throughout. This particular attorney has a brother who lives next to a property on Island Estates that has tie poles out to 96 feet and a 499 sq foot dock sticking straight out into the waterway, 1 foot less than the 25% the width of the waterway. They wanted to emphasize the impact the 25% rule can have recognizing that it is legal but has a significantly different visual aspect than the historical and formerly deed restricted docks in that water body. Having said all that I can live with the word "exceed" for consistency, the board was just trying to make a point they don't like people coming to town and changing things just because they can... they felt "preempt" gave a better picture of the impact of allowing up to 25% the width of the waterway. Camilo Soto may have been at the meeting, he is our Department attorney, which minutes did you pull that from? Thanks for asking, Bill M. -----Original Message----- From: Matzke, Lauren Sent: Thursday, March 19, 2009 2:55 PM To: Morris, William D. Subject: Code V - amendment question Bill -- We are well into our review process for the many amendments I am compiling into what is known now as Code V. Someone had a question about the use of the word "preempt" in the proposed language for Docks. Can you suggest an alternate word that may better convey the intent of this language? Is there a reason why you opted to not use "exceed", consistent with 3-601.C.1.b or 3-601.C.1.g.i.? I don't want to suggest changes to language the Marine Advisory Board brought forward without checking with you. Thanks. Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke(amyclearwater.com 0 0 Matzke, Lauren From: Dougall-Sides, Leslie Sent: Thursday, March 19, 2009 4:12 PM To: Matzke, Lauren Subject: A04-01420 : RE: Code V - additional language? Importance: High IblNumAttach: 1 MessageGUID: {AOE6990E-CBA9-498B-BD5C-E7F846E2AABB} OriginalDate: None Originator: SQL Style: Planning General miscellaneous Thanks, here it is. I also changed the time for moving to supplement the record from 10 days following the NOA filing to 30 days. What has happened is that the NOA gets filed, then because it takes awhile to make copies and forward them to DOAH, we have to move to supplement before DOAH even opens a case and they kick our motions back. Making it 30 days should help. I also removed an extra "and" in the first sentence. Leslie ode V Amendment to Sec. 4-505... -----Original Message----- From: Matzke, Lauren Sent: Thursday, March 19, 2009 3:22 PM To: Dougall-Sides, Leslie Subject: Code V - additional language? Leslie -- You mentioned wanting to add one additional amendment to Code V. I am putting together the ordinance now, so it would be a great time to plug it in, if possible. I can't remember which section you wanted to change, but if you send me the language, it seemed that Gina was OK with including it. Thanks! Lauren Matzke Planner Ill, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@mvclearwater.com 0 E Matzke, Lauren From: Clayton, Gina Sent: Monday, March 16, 2009 1:37 PM To: Matzke, Lauren Subject: FW: Code V amendments - follow-up questions -----Original Message----- From: Clayton, Gina Sent: Monday, March 16, 20091:37 PM To: Clayton, Gina Subject: RE: Code V amendments - follow-up questions disregard - Scott doesn't want to open this door. -----Original Message----- From: Clayton, Gina Sent: Monday, March 16, 2009 1:12 PM To: Matzke, Lauren Subject: FW: Code V amendments - follow-up questions Could we develop an exception so we could prove stuff up to 36" based on the explanation below? -----Original Message----- From: Rice, Scott Sent: Monday, March 16, 2009 12:59 PM To: Clayton, Gina Cc: Quillen, Michael; Melone, Christopher; Patni, Himanshu; Bertels, Paul; Elbo, Bennett Subject: RE: Code V amendments - follow-up questions Gina, I think Himanshu summarizes the situation well. In addition to this, there are situations where a parking space is in a sight triangle. This is also handled on a case-by-case basis. Scott From: Patni, Himanshu Sent: Thursday, March 12, 2009 1:13 PM To: Bertels, Paul; Rice, Scott; Elbo, Bennett Cc: Quillen, Michael; Melone, Christopher Subject: RE: Code V amendments - follow-up questions I'm quite sure that there have been several situations where landscaping and/or fencing at 36" has been allowed in the sight triangle but we would only approve that in cases where the sight triangle (drawn from the property line) is far enough back from the actual curb line and travel lane that it wouldn't create a sight visibility issue for the motorist. We handle such issues on a case by case basis and take into account any possible road widening or sidewalk relocation work that may take place there in the future to prevent problems down the line if the paved ROW is modified. Himanshu -----Original Message----- From: Bertels, Paul Sent: Thursday, March 12, 2009 12:24 PM To: Rice, Scott; Patni, Himanshu; Elbo, Bennett Cc: Quillen, Michael w Subject: RE: Code V amendments - follow-up questions 0 I don't know but I have asked Chris, Ben and Himanshu to research this and let me know. Paul Bertels Manager Traffic Operations Division paul.bertels@myclearwater.com 727-562-4794 -----Original Message----- From: Rice, Scott Sent: Thursday, March 12, 2009 12:01 PM To: Bertels, Paul; Patni, Himanshu; Elbo, Bennett Cc: Quillen, Michael Subject: RE: Code V amendments - follow-up questions I received a call from Gina Clayton identifying a concern that Planning has regarding this issue. Gina believes that we are approving fences in sight triangles that are over 30-inches tall. Do we have situations like this? From: Bertels, Paul Sent: Tuesday, March 10, 2009 9:25 AM To: Patni, Himanshu; Rice, Scott; Elbo, Bennett Subject: RE: Code V amendments - follow-up questions Standard practice in Clearwater back to the 70's and in other traffic engineering agencies is 30 inches above the crown of the road. In fact the original city ordinance (30.141 and 30.142) empowers traffic engineering to have trimmed any object in the right of way or abutting the right of way that is a sight distance hazard in the judgment of city staff. In the past we always used 30 inches as the standard. I would go with the medium between the FDOT standard of 24 inches and the county standard of 36 inches which is 30 inches. Paul Bertels Manager Traffic Operations Division paul.bertels.@myclearwater.com 727-562-4794 -----Original Message----- From: Patni, Himanshu Sent: Tuesday, March 10, 2009 8:47 AM To: Rice, Scott; Elbo, Bennett Cc: Bertels, Paul Subject: RE: Code V amendments - follow-up questions Thanks Scott. We'll discuss this at our staff meeting today and get back to you later this afternoon. Himanshu -----Original Message----- From: Rice, Scott Sent: Tuesday, March 10, 2009 8:12 AM 0 0 To: Elbo, Bennett Cc: Patni, Himanshu; Bertels, Paul Subject: FW: Code V amendments - follow-up questions Ben, See Mike's comment below. Based upon my research, the following are the height limitations in various jurisdictions around us: Pinellas County Largo Safety Harbor St Petersburg Hillsborough County FDOT 36" 23" 24" 36" Defers to FDOT 18" below T- 6" = 24" What should we tell Planning on this? D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 5624781 -----Original Message----- From: Quillen, Michael Sent: Monday, March 09, 2009 4:22 PM To: Rice, Scott Subject: RE: Code V amendments - follow-up questions I will defer to traffic, but it does appear there is a conflict between the sight triangle and allowable fence height which might lead me to 36". Michael D. Quillen,. P.E. Director of Engineering City of Clearwater michael. quillenCumccleanvater. com 727-562-4743 -----Original Message----- From: Rice, Scott Sent: Friday, March 06, 2009 4:20 PM To: Quillen, Michael Subject: FW: Code V amendments - follow-up questions Mike, Whet is your opinion on Item 1) below? I have Traffic looking into it. A mini research effort indicates other nearby authorities vary from 24 to 36 ". D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562-4781 -----Original Message----- From: Matzke, Lauren Sent: Thursday, March 05, 2009 3:10 PM To: Rice, Scott Subject: Code V amendments - follow-up questions 0 0 Scott -- I met with our Development Review team last week and they had some questions about the various code amendments, two of which I seek your input on. 1) Section 3-904.A. In this section of the code, the text sets a maximum height for an object at 30" above grade. According to the DR team, fences typically are available at 36" high minimum. The draft image intended to replace the overly dark image currently in the code book was annotated with 36" high inadvertently which spurred our conversation. Should we make a change to the text to raise this minimum to 36" high? Gina suggested I speak with you to see if your group would have any issues with this increase from a safety perspective. Please let me know your thoughts, one way or the other. I can either make changes to the text or to the image. Either approach is fine by me. 2) Section 3-1402. Since we are making amendments to this section (your language), the DR team wanted to know if you had any desire to include language pertaining to mirrors, visibility from obstructed view parking spaces, etc. Just let me know. Attached is the complete draft with all language combined, so you'll need to scroll through to find the relevant sections. Thanks in advance for your help! Lauren Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com << File: Code V Combined 2-17-09.doc >> 4 0 0 Matzke, Lauren From: Rice, Scott Sent: Tuesday, March 10, 2009 3:20 PM To: Matzke, Lauren Cc: Patni, Himanshu; Bertels, Paul; Quillen, Michael Subject: RE: Code V amendments - follow-up questions Lauren, 1. Engineering believes the safe height limitation in a sight triangle is 30" 2. Unless you have some specific language to suggest for this, we will continue to handle potential visibility obstructions on a case-by-case basis. D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562-4781 -----Original Message----- From: Matzke, Lauren Sent: Thursday, March 05, 2009 3:10 PM To: Rice, Scott Subject: Code V amendments - follow-up questions Scott -- I met with our Development Review team last week and they had some questions about the various code amendments, two of which I seek your input on. 1) Section 3-904.A. In this section of the code, the text sets a maximum height for an object at 30" above grade. According to the DR team, fences typically are available at 36" high minimum. The draft image intended to replace the overly dark image currently in the code book was annotated with 36" high inadvertently which spurred our conversation. Should we make a change to the text to raise this minimum to 36" high? Gina suggested I speak with you to see if your group would have any issues with this increase from a safety perspective. Please let me know your thoughts, one way or the other. I can either make changes to the text or to the image. Either approach is fine by me. 2) Section 3-1402. Since we are making amendments to this section (your language), the DR team wanted to know if you had any desire to include language pertaining to mirrors, visibility from obstructed view parking spaces, etc. Just let me know. Attached is the complete draft with all language combined, so you'll need to scroll through to find the relevant sections. Thanks in advance for your help! Lauren Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@mvclearwater.com << File: Code V Combined 2-17-09.doc >> 0 0 Matzke, Lauren From: Porter, Catherine Sent: Tuesday, February 17, 2009 9:15 AM To: Matzke, Lauren Subject: FW: CDC Division 13 (Lighting) Lauren, at this point in the process is it too cumbersome to add? -----Original Message----- From: Clayton, Gina Sent: Friday, February 13, 2009 2:48 PM To: Jackson, Matthew; Porter, Catherine Subject: RE: CDC Division 13 (Lighting) Could Lauren add to this list or could she include in this round since she is already revising this section of the code? -----Original Message----- From: Jackson, Matthew Sent: Friday, February 13, 2009 11:04 AM To: Clayton, Gina; Porter, Catherine Subject: CDC Division 13 (Lighting) While reviewing the lighting portion of the code I notice that for cut-off and non-cut off fixtures the same diagram is used. (3:49). 1 a code amendment necessary to correct this? Matt Jackson Planning Department (727) 562-4836 matthew. iackson(a?myclearwater. com 0 0 Matzke, Lauren From: Rice, Scott Sent: Monday, February 16, 2009 9:46 PM To: Matzke, Lauren Subject: RE: parking garage language Thanks Lauren. These amendments look good to me. Scott From: Matzke, Lauren Sent: Mon 2/16/2009 9:30 PM To: Rice, Scott; Bruch, Tracey Subject: parking garage language Scott-- At Michael's direction I ended up striking the language on stacking that we had discussed. I also was instructed to strike the language for garages and overnight accommodations. The draft, as it stands now, is attached. This will go through several additional reviews by staff, but I wanted to keep y'all in the loop. Thanks again for your help! Lauren • • Matzke, Lauren From: Delk, Michael Sent: Friday, February 13, 2009 8:19 AM To: Matzke, Lauren; Clayton, Gina Cc: Porter, Catherine Subject: RE: Code V - Vehicle Stacking Spaces (proposed amendments) Remove it. We did it at their request originally and they did not care to enforce. That leads me to conclude it is not that important. mid Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Matzke, Lauren Sent: Thursday, February 12, 2009 4:23 PM To: Delk, Michael; Clayton, Gina Cc: Porter, Catherine Subject: Code V - Vehicle Stacking Spaces (proposed amendments) Michael, Gina -- Engineering included amendments to Section 3-1406.13.2. to remove the table for minimum stacking distance and set the requirement to 20 feet across the board. The question was raised as to whether there would be issues with this standard in the Downtown District or on the beach. In my discussions with individuals in both engineering and planning, there appears to be some misunderstanding as to who originally wanted this language added to the code. Engineering indicated that Section 3-1406.13.1. and B.2. were added by planning, and they never felt it was necessary, while others in planning have said that engineering initially added the language and they never wanted/needed it. To determine how to approach the current proposed amendments, however, I met with Wayne today. Wayne indicated that he thought the proposed language changes, as well as Section 3-1406.B.1. (no changes proposed) should be struck entirely. I then met with Scott Rice to further discuss the intent of this section and to understand what he thought. The 20 ft standard in B.2. was selected because it is essentially the length of a car. This would create enough space for a car to pull entirely out of the ROW without impeding the flow of cars within the parking lot. He indicated that Tracey wants to see one car length for this purpose, but said if this requirement creates obstacles to a developer being able to use their property efficiently, Planning could elect to remove the language entirely. Regarding B.1. Scott said that this is an FDOT requirement, whether it is explicitly written in the code or not. Scott also indicated that engineering has not been reviewing for these requirements at this time. I would appreciate your guidance on how to proceed with this portion of the amendment. Please let me know if you feel the language should be left in the code, or if it should be removed entirely at this time (removal of B.1. and B.2. resulting in the renumbering of the remainder of the Section). • • Matzke, Lauren From: Porter, Catherine Sent: Thursday, December 18, 2008 3:59 PM To: Matzke, Lauren Cc: Clayton, Gina Subject: Code V Michael just told Gina that the wants Limited Vehicle Sales added to Code V. Her thoughts as expressed to me are attached. She thinks that with input from Dev. Review, it should be a fairly simple addition. ?YYJl L= LIMTfED VEHICLE SALES.doc Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Planning Department 100 S. Myrtle Avenue - P.O. Box 4748 Clearwater, FL 337584748 727-562-4626 - FAX 727-562-4865 catherine.porter(?myclearwater.com • • Matzke, Lauren From: Porter, Catherine Sent: Thursday, December 11, 2008 2:44 PM To: Matzke, Lauren Subject: hurricane shutters Gina and I discussed today. At this time we will not be addressing them in Code V. Keep your research for now---until Michael and Gina have discussed with Council to make sure they agree to not go forward. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Planning. Department 100 S. Myrtle Avenue - P.O. Box 4748 Clearwater, FL 33758-4748 727-562-4626 - FAX 727-562-4865 catherine.porter(-a)_myclearwater.com 0 0 Matzke, Lauren From: Delk, Michael Sent: Tuesday, December 09, 2008 2:18 PM To: Matzke, Lauren Subject: RE: Code V - hurricane shutter research Thanks Lauren. I'm going to talk to Jill about not making any change in this area. Will let you know. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Matzke, Lauren Sent: Wednesday, December 03, 2008 3:38 PM To: Delk, Michael Cc: Clayton, Gina; Porter, Catherine Subject: Code V - hurricane shutter research Michael -- When we met a couple of weeks ago, you asked me to do some research as to whether any other cities in Florida regulate storm/hurricane shutters. Specifically, we discussed regulating either the duration they can be in place or aesthetic regulations (permanent fixtures versus plywood). In my searching I only found one place that had regulations of any sort. City of Palm Beach prohibits the installation of "weather enclosures" including storm shutters within several of the city's medium, moderate, and high density residential districts. Other cities'/counties' codes I searched include: Pinellas County, Pensacola, Sarasota, Sarasota County, Panama City, Panama City Beach, Jacksonville, Islamorada, Marco Island, and Palm Coast. Please let me know if you would like anything further, and advise if amendments to Clearwater's code are still desired. Thank you. Lauren Matzke Planner 111, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com • • Matzke, Lauren From: Porter, Catherine Sent: Tuesday, November 18, 2008 10:55 AM To: Matzke, Lauren Cc: Tefft, Robert; Thatte, Priyanka Subject: RE: Code IV Yes. Please keep Robert in the loop too. I believe he has some input for you. -----Original Message----- From: Matzke, Lauren Sent: Tuesday, November 18, 2008 9:38 AM To: Porter, Catherine Subject: FW: Code N I just spoke with Michael -- he wants us to make minor revisions to the language for the site visibility triangle Section 3-904.6. (pg. 3-30.1) to show that the legs of the triangle are 20 feet, represented in both the text and on the image. I'll need Priyanka's assistance with the graphics work. Thanks. -----Original Message----- From: Delk, Michael Sent: Monday, November 17, 2008 2:23 PM To: Matzke, Lauren Cc: Porter, Catherine Subject: Code IV Lauren - I have one other code change that has worked its way onto this list per the CM's office. Please see me about it and I'll go over it with you. It should be very simple to fix. Thank you! Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com 0 0 Matzke, Lauren From: Porter, Catherine Sent: Thursday, November 06, 2008 8:54 AM To: Matzke, Lauren Subject: Code V Just heard from Gina that there will be 2 additional items: New use in T Dist "Resort Dwellings". Hotel parking requirements She will be giving us more info. If we don't hear in a few days, set up a short meeting for 3 to discuss with her. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Planning Department 100 S. Myrtle Avenue - P.O. Box 4748 Clearwater, FL 33758-4748 727-562-4626 - FAX 727-562-4865 catherine. porterCc)myclearwater.com 0 0 Matzke, Lauren From: Porter, Catherine Sent: Friday, October 17, 2008 3:02 PM To: - Matzke, Lauren Cc: Delk, Michael; Clayton, Gina Subject: Code V - PPC Consistency This will confirm our discussions about going forward with Code V. The items to be included will be: PPC Consistency Turtle Ordinance Parking Lots Hurricane Shutters Docks There is lots of information on the parking and some other items at S:\Planning\Community Development Code\2008 Code Amendments\CodeV. It is my understanding that you will have to speak to Michael about the docks and hurricane shutters. You have a good handle on PPC and turtles. The next step would be to set up Benchmarks. Catherine W. Porter, AICP Long Range Planning Manager City of Clearwater Planning Department 100 S. Myrtle Avenue - P.O. Box 4748 Clearwater, FL 33758-4748 727-562-4626 - FAX 727-562-4865 catherine.porter a.myclearwater.com 0 W, CITY OF C LEARWAT E R POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 PLANNING DEPARTMENT October 2, 2009 Mr. David Healey, AICP Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, F133755 Re: Final Ordinance No. 8043-09 (ITEM NO.: TA2009-01002) Consistency Amendments Dear Mr. Healey: 'T'ransmitted herewith are amendments to the City of Clearwater Community Development Code as adopted by the City Council on September 3, 2009. Should you have any questions, do not hesitate to contact me at (727) 562-4547 or 1 ac?ren.matzke??ni ycl earNN,,ate:r.com. Sincerely yours, Lauren Matzke Planner III cc: Gina Clayton, Assistant Planning Director Catherine Porter, Long Range Planning Manager S: (Planning DeparbnentlCommunity Development Code 12009 Code A mendmentsl TA 2009-01002 -Code V PPC Consistency PPC Consistency1TA2009-01002 Final Transmittal Letter to PPCdoc L _I*V .p "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER 0 0 Matzke, Lauren From: Mettler, Christopher M [cmettler@co.pinellas.fl.us] Sent: Friday, June 26, 2009 11:56 AM To: Matzke, Lauren Cc: Crawford, Michael C,- Delk, Michael-, Clayton, Gina-, Porter, Catherine Subject: RE: PPC Consistency Issues - Proposed resolutions Hi Lauren- Thank you for indicating that the code amendments will be revised to address issues #12, 414 and #18. The Council staff agrees that no further amendments are required to address issue #19. I look forward to reviewing the amendments proposed for later this year to-,address the remaining items in issue #23. I confirmed via email with Gina yesterday that no further amendments were necessary to address issue 428. Thank you for continuing to work with the Council staff to maintain consistency with the Countywide Rules. I know a lot of work and effort went into the drafting of proposed Ord. No. 8043-09. Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARNVATER, FL 33755-4160 Pn: 727.464.8250 FAY: 727.464.8212 W W W.PINELLASPLANNINGCOLNCIL.ORG From: Lauren.Matzke@MyClearwater.com [ma ilto: Lauren. Matzke@ MyClearwater. com] Sent: Tuesday, June 16, 2009 4:57 PM To: Mettler, Christopher M Cc: Crawford, Michael C; michael.delk@MyClearwater.com; Gina.Clayton@myClearwater.com; Catherine.Porter@MyClearwater.com Subject: PPC Consistency Issues - Proposed resolutions Chris - Thank you for your consistency review of proposed Ordinance 8043-09 and your response on June 5, 2009. It is nice to know that the amendments address the majority of the PPCs concerns. I wanted to provide a quick response to apprise you of how the City intends to address the remainder of the open issues. This ordinance was considered by the Community Development Board (CDB) this afternoon. The following PPC Issues remain: PPC Issue 12: The City believes that the proposed amendments to Section 2-1301.1 address this issue. The City will, however, include further language addressing the prohibition of exterior storage and processing of 0 equipment in footnotes proposed for Section 2-1302 (footnote 3) and Section 2-1303 (footnote 1) for the CDB's consideration. PPC Issue 14: The City will propose an additional amendment to Chart 2-100, removing overnight accommodations as a permitted use in the OSR zoning district for the CDB's consideration. PPC Issue 18: The City will propose additional amendments to Section 2-801.1 to include language addressing acreage and floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan. This language will mirror that proposed for the other zoning districts in the Clearwater code, other than the Downtown District. This language can be added for the CDB's consideration today without any advertising or title issues, and will address the PPC's concerns. PPC Issue 19: The City believes that the proposed amendments to Section 2-1001.1 address this issue. Amendment language requires use, acreage and floor area restrictions in the Countywide Plan Rules be applied to parcels in the O District. No further language is proposed for consideration. PPC Issue 23: The City believes that the proposed amendments to Section 2-1301.1 address this issue. The City will, however, include further language limiting size of vehicle service uses in the IL land use category in a footnote proposed for Section 2-1302 (footnote 7) for the CDB's consideration. At this time, because of ordinance title and advertising issues, the City will not be able to address the remainder of the PPC's comments. The City commits to addressing these within a future ordinance currently being drafted to address the LDRs related to the EAR-based amendments. Adoption of this new ordinance is anticipated by the end of this year. PPC Issue 28: The City is not proposing any changes at this time until further discussion with PPC Staff is possible. If you have any questions, please give me a call. Thank you, Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com 0 0 Matzke, Lauren From: Clayton, Gina Sent: Thursday, June 25, 2009 4:07 PM To: Matzke, Lauren Cc: Delk, Michael Subject: FW: TDR Provisions For your file!!!!! From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Thursday, June 25, 2009 3:55 PM To: Clayton, Gina Subject: RE: TDR Provisions Hi Gina- The TDR issues are considered resolved. After reviewing the existing code and the City's special area plans, staff has concluded that the proposed TDR code amendments resolve the TDR Consistency Report issue. Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PH: 727.464.8250 FAX: 727.464.8212 W W W.PINELLASPLANNING COUNCIL.ORG From: Gina.Clayton@myClearwater.com [mailto:Gina.Clayton@myClearwater.com] Sent: Wednesday, June 24, 2009 2:32 PM To: Mettler, Christopher M Subject: TDR Provisions Hey Chris - any word on our remaining TDR issues after our conversation. The ordinance will be on first reading on July 16 cn. Thanks. r • Matzke, Lauren From: Matzke, Lauren Sent: Tuesday, June 16, 2009 4:57 PM To: cmettler@pinellascounty.org Cc: mcrawford@pinellascounty.org; Delk, Michael; Clayton, Gina; Porter, Catherine Subject: PPC Consistency Issues - Proposed resolutions Chris - Thank you for your consistency review of proposed Ordinance 8043-09 and your response on June 5, 2009. It is nice to know that the amendments address the majority of the PPCs concerns. I wanted to provide a quick response to apprise you of how the City intends to address the remainder of the open issues. This ordinance was considered by the Community Development Board (CDB) this afternoon. The following PPC Issues remain: PPC Issue 12: The City believes that the proposed amendments to Section 2-1301.1 address this issue. The City will, however, include further language addressing the prohibition of exterior storage and processing of equipment in footnotes proposed for Section 2-1302 (footnote 3) and Section 2-1303 (footnote 1) for the CDB's consideration. PPC Issue 14: The City will propose an additional amendment to Chart 2-100, removing overnight accommodations as a permitted use in the OSR zoning district for the CDB's consideration. PPC Issue 18: The City will propose additional amendments to Section 2-801.1 to include language addressing acreage and floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan. This language will mirror that proposed for the other zoning districts in the Clearwater code, other than the Downtown District. This language can be added for the CDB's consideration today without any advertising or title issues, and will address the PPC's concerns. PPC Issue 19: The City believes that the proposed amendments to Section 2-1001.1 address this issue. Amendment language requires use, acreage and floor area restrictions in the Countywide Plan Rules be applied to parcels in the O District. No further language is proposed for consideration. PPC Issue 23: The City believes that the proposed amendments to Section 2-1301.1 address this issue. The City will, however, include further language limiting size of vehicle service uses in the IL land use category in a footnote proposed for Section 2-1302 (footnote 7) for the CDB's consideration. At this time, because of ordinance title and advertising issues, the City will not be able to address the remainder of the PPC's comments. The City commits to addressing these within a future ordinance currently being drafted to address the LDRs related to the EAR-based amendments. Adoption of this new ordinance is anticipated by the end of this year. PPC Issue 28: The City is not proposing any changes at this time until further discussion with PPC Staff is possible. If you have any questions, please give me a call. Thank you, Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@mvclearwater.com • • Matzke, Lauren From: Clayton, Gina Sent: Friday, June 05, 2009 4:09 PM To: Matzke, Lauren Cc: Porter, Catherine Subject: FW: PPC Consistency Letter Attachments: CD09-6.clw.doc fyi r......._ ...?.. m ....... ....... r .... __.......... a_. ?,? , ..._.. From: Crawford, Michael C [mailto:mcrawford@co.pinellas.fl.us] Sent: Friday, June 05, 2009 3:01 PM To: Clayton, Gina Subject: PPC Consistency Letter Gina: I wanted to talk with you before we sent out our letter, but was unable to get with you. We have a deadline of today, so we sent it out. You have addressed the majority of the issues, but there are a few items that remain. Please call Chris or me when you have a moment and we can go over these. Thanks. MICHAEL C. CRAWFORD, AICP PLANNING MANAGER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PH: 727.464.8250 FAX: 727.464.8212 WWW.PINELLASPLANNINGCOUNCIL.ORG 1 PPA -7 PINELLAS kiw,.? PLANNING COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755- nann Telephone 727.464.8250 • Fax 727.464.8212 • www.pinell ounrr Oyu c??7 June 5, 2009 Gina Clayton Assistant Planning Director City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 PLANNING & DEVELOPt,- -,WT S F; -<, CITY Cr n ` p 4UNCIL MEMBERS r Beverley Billiris, Chairman Jerry Knight, Vice-Chairman Mayor Pat Gerard, Secretary ioner John Morroni, Treasurer Commissioner Nina Bandoni Imember Sandra L. Bradbury Commissioner Dave Carson Councilmember John Doran Councilmember Jim Kennedy oard Member Linda S. Lerner ommissioner Stephanie Oddo Mayor Jim Ronecker Mayor Patricia J. Shontz David P. Healey, AICP Executive Director RE: Review of Proposed Amendments to the City of Clearwater's Land Development Regulations (LDRs) (Ordinance 8043-09) for Consistency with the Countywide Rules and Resolution of the Consistency Report Issues Dear Ms. Clayton: Thank you for forwarding the proposed amendments to the City's LDRs referenced above. The Council staff recognizes that the proposed ordinance represents a substantial volume of work addressing the Consistency Report issues. The following review addresses the twenty-eight (28) Consistency Report issues, in the same format as your cover letter, as well as consistency with the Countywide Rules: 1. The proposed amendments to Section 3-902(G), excluding submerged lands from floor area ratio (FAR) and impervious surface ratio (ISR) calculations, and the amendments to Section 8-102, amending the FAR definition and providing a definition for "gross land area," resolve the issue. 2. No further action is required on this Consistency Report issue. Section 2-701.1 has been amended to address the Commercial General (CG) ISR. 3. No further action is required on this Consistency Report issue. Section 8-102 has been amended to address the definitions of "overnight accommodation" and "interval ownership/timesharing." 4. No further action is required on this Consistency Report issue. The existing language in Section 3-902(A) addresses conformance with the comprehensive plan's density and intensity standards. 1 PLANNING FOR THE PINELLAS COMMUNITY 0 0 5. No further action is required on this Consistency Report issue. The amendments to the comprehensive plan resolve this issue by adding Policy A.2.2.8 addressing locational characteristics. 6. The proposed amendments to Section 2-701.1, addressing maximum development potential in the Commercial (C) zoning district and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of limiting commercial recreation uses in the Residential/Office Retail (R/O/R) and Commercial Neighborhood (CN) future land use plan categories. 7. No further action is required on this issue regarding outdoor storage associated with retail commercial use, as stated in PPC staff's January 29, 2008 letter. 8. The proposed amendments to Section 2-701.1, addressing maximum development potential in the C zoning district and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of prohibiting outdoor storage and self-storage in the R/O/R and CN future land use plan categories. 9. The proposed amendments to Section 2-701.1, addressing maximum development potential in the C zoning district and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of prohibiting light assembly in the CN and Commercial Limited (CL) future land use plan categories. 10. The proposed amendments to Section 2-1201.1, addressing maximum development potential in the Institutional (I) zoning district and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of prohibiting nursing homes and other residential equivalent uses in the Transportation/Utility (T/U) future land use plan category. 11. The proposed amendments to Chart 2-100 and Section 2-1203, disallowing outdoor recreation/entertainment uses in the I zoning district, resolve the issue. 12. The proposed amendments to Sections 2-1302 and 2-1303, limiting manufacturing in the Industrial Limited (IL) future land use plan category, is required to also prohibit any exterior storage and exterior processing of equipment or materials in order to resolve the issue. 2 0 0 13. The proposed amendments to Section 2-1403(B)(1), limiting outdoor recreation/entertainment in the Open Space/Recreation (OSR) zoning district to golf courses and clubhouses, resolve the issue. 14. Previous amendments to Section 2-1403 have deleted overnight accommodations as a permitted use in the OSR zoning district, although Chart 2- 100 does not yet reflect this change. The proposed amendments to Chart 2-100 and Section 2-1403, disallowing public transportation facilities in the OSR zoning district, resolve that portion of the issue. 15. The proposed amendments to Chart 2-100 and Section 2-1502, disallowing outdoor recreation/entertainment uses in the Preservation zoning district, resolve the issue. 16. The proposed amendments to Sections 2-201.1, 2-301.1, 2-701.1 and 2-1001.1, addressing maximum development potential in the Low Medium Density Residential (LMDR), Medium Density Residential (MDR), C, and Office (O) zoning districts and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of limiting non- residential off-street parking acreage in the residential and mixed-use future land use plan categories. 17. The proposed amendments to Section 2-701.1, addressing maximum development potential in the C zoning district and requiring use, intensity, and acreage thresholds to be consistent with the Countywide Rules, resolves the issue of limiting acreage of place of worship and community center uses in the CN, CL, and CG future land use plan categories. 18. The proposed amendments to Section 2-801.1, addressing maximum development potential in the Tourist (T) zoning district, do not address the requirement that acreage thresholds be consistent with the Countywide Rules, which would resolve the issue of limiting acreage of social and community center uses in the Resort Facilities High (RFH) future land use plan category. 19. Currently in the code, "personal service" uses are allowed as a subset of "retail sales and services," but are not individually identified; the consistency issue is the lack of floor area restrictions applied to this specific use in the Residential/Office Limited (R/OL) and Residential/Office General (R/OG) future land use plan categories. Amendments to Sections 2-1003 and 2-1004 permitting "personal service" or "personal service/office support" as _a use in the O zoning district and establishing under "flexibility criteria" the floor area limitations 3 0 0 applicable to the use in the R/OL and the R/OG future land use plan categories would resolve the issue. The Council would also recommend the City consider an amendment to Section 8-102, establishing a definition for "personal service" or "personal service/office support." 20. The proposed amendments to Section 2-1201.1, acknowledging acreage restrictions per the Countywide Rules, resolve this issue. 21. The proposed amendments to Section 2-1201.1, acknowledging acreage restrictions per the Countywide Rules, resolve this issue. 22. The proposed amendments to Table 2-1303 in Section 2-1303, limiting utility/infrastructure facilities to no more than five acres in the Industrial, Research and Technology (IRT) zoning district, resolve this issue. 23. The proposed amendments to Sections 2-1302 and 2-1303 limit some but not all of the non-industrial secondary uses in the IL future land use plan category to a maximum of five acres. The proposed amendments to Section 2-1302 do not limit vehicle service uses and the proposed amendments to Section 2-1303 do not limit automobile service station, major vehicle service, outdoor recreation/entertainment, and retail sales and service uses. 24. The proposed amendments to Sections 2-1302 and 2-1303, limiting office, restaurant and vehicle service uses in the Industrial General (IG) future land use plan category, resolve this issue. 25. No further action is required on this issue regarding wetland boundary determination, as stated in the PPC staff's January 29, 2008 letter. 26. The proposed amendments establishing Section 3-907(B), addressing buffer requirements in the T/U future land use plan category, resolve this issue. 27. The amendments to the future land use element establishing the Transportation/Utility Overlay for utility transmission lines located in an easement resolve this issue. 28. The proposed amendments to Section 4-1402(5)(a) are inconsistent with the Rules by not providing restrictions on transfers of development rights from existing developed parcels. The Countywide Rules allow TDRs from existing developed property only for archaeological, historical, architectural preservation, or LEED building certification purposes. Also, the amendments do not address a 4 • prohibition on transfers of inconsistent use characteristics between future land use plan categories. Amendments to the code addressing restrictions on TDRs from existing developed property and prohibiting the transfer of inconsistent use characteristics would resolve this issue. The proposed amendments to Sections 4-1402 and 4-1403, addressing transferable development rights (TDRs), are otherwise consistent with the Rules. The remaining proposed code amendments are either consistent with the Countywide Rules or are not governed by the consistency criteria of the Countywide Rules and therefore are not subject to the consistency provisions. Thank you for transmitting these amendments for review and continuing to work with the Council staff to maintain consistency with the Countywide Rules. The proposed amendments address a substantial number of the Consistency Report issues. Please note that this is an ongoing process and if the Council staff has missed any inconsistent provisions in this review, the consistency requirement remains and the Council staff may identify any such inconsistent provisions at a later date. If you have any questions, please feel free to call me at 464-8250. Sincerely, p Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative 5 0 0 May 21, 2009 Michael C. Crawford, AICP Planning Manager Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755-4160 Re: Consistency Reconciliation Actions Dear Michael: Following is our response to your letter of January 29, 2008. For your convenience we have enclosed draft ordinance 8043-09 which amends the Clearwater Community Development Code to reflect the Consistency Report. This ordinance will be considered at the City Council meetings of July 16, 2009 and August 6, 2009. 1. Issue: In the City's land development regulations (LDRs), density, floor area ratio (FAR), and impervious surface ration (ISR) calculations are based on gross land area which, absent a definition, appears to include public road rights-of-way. Furthermore, while the LDRs expressly state that submerged land cannot be used to calculate density, the absence of a like statement for FAR and ISR calculations leaves open the potential for inconsistency. Response: Amendment to Section 3-902.G excludes submerged lands from density, FAR and ISR calculations. Additionally, the definition of Floor Area Ratio (FAR) has been corrected, and a definition for gross land area has been added to Section 8-102. 2. Issue: In the City's LDRs, the maximum permitted ISR in the Commercial General (CG) future land use plan category is .95. Response: Ordinance 7926-08, effective July 17, 2008, amended Section 2-701.1 to address this issue. -1- 0 0 3. Issue: In the City's LDRs, the definition of "overnight accommodations" and "interval ownership/timesharing" do not reference any restriction on the term of occupancy, without which, there exists a potential for inconsistent density. Response: Ordinance 7926-08, effective July 17, 2008, amended Section 8-102 to address this issue. 4. Issue: In the City's LDRs, permitted maximum density according to the land use plan does not always correlate with permitted minimum lot sizes. Response: Existing language in Section 3-902.A. resolves this issue, as confirmed in an email sent from Christopher Mettler on December 30, 2008. 5. Issue: Locational characteristics are set forth in the City's comprehensive plan; however, they are general in nature and lack the necessary detail to be comparable to and consistent with the Countywide Plan Map and Rules. Response: Ordinance 7993-08, effective December 18, 2008, added a new Policy A.2.2.8 to the Future Land Use Element: Policy A.2.2.8 All land use categories in the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. 6. Issue: In the City's LDRs, indoor and outdoor recreation/entertainment is allowed in the Commercial (C) zoning district; however, commercial recreation is neither a primary nor a secondary use in the Residential/Office/Retail (R/O/R) and Commercial Neighborhood (CN) Countywide Plan Map categories. Response: Proposed amendments to Section 1-109 and Section 2-701.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 7. Issue: In the City's LDRs, outdoor storage is allowed in the C zoning district; however, it is not conditioned to be consistent with the commercial Countywide Plan Map categories. Response: No further action is required, as stated in the letter sent from Michael Crawford sent January 29, 2008. -2- 0 0 8. Issue: In the City's LDRs, outdoor storage and self-storage are allowed in the C zoning district; however, storage/warehouse uses are neither primary nor secondary uses in the R/O/R and CN Countywide Plan Map categories. Response: Proposed amendments to Section 1-109 and Section 2-701.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 9. Issue: In the City's LDRs, light assembly is allowed in the C zoning district; however, such use is neither a primary nor secondary use in the CN and Commercial Limited (CL) Countywide Plan Map categories. Response: Proposed amendments to Section 1-109 and Section 2-701.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 10. Issue: In the City's LDRs, the Institutional (I) zoning district is utilized in conjunction with the Institutional (I) and Transportation/Utility (T/U) future land use plan categories; however, nursing homes and other residential equivalent uses are not permitted in the T/U plan category. Response Proposed amendments to Section 1-109 and Section 2-1201.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 11. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the I zoning district; however, commercial recreation uses are neither primary nor secondary uses in the I and T/U Countywide Plan Map categories. Response: Proposed amendment to Section 2-1203 removes outdoor recreation/entertainment use in the Institutional ("I") District. 12. Issue: In the City's LDRs, manufacturing is allowed in the Industrial, Research and Technology (IRT) zoning district; however, it is not specifically limited to light manufacturing in the Industrial Limited (IL) future land use plan category nor are there any restrictions on exterior storage or processing in the IL future land use plan category. Response: Proposed amendments to Section 1-109 and Section 2-1301.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. Additional amendments to Section 2-1302 and Section 2-1303 add footnotes that set forth limitations to manufacturing uses in the IL future land use plan category. -3- 0 0 13. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the Open Space/Recreation (OSR) zoning district; however, commercial recreation uses are neither primary nor secondary uses in the Recreation/Open Space (R/OS) Countywide Plan Map category. Response: Proposed amendments to Section 1-109 and Section 2-1401.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. Additional amendments to Section 2-1403.13 limit Outdoor Recreation/Entertainment uses to golf courses and clubhouses. 14. Issue: In the City's LDRs, overnight accommodations and public transportation facilities are allowable in the OSR zoning district; however, such uses are neither primary nor secondary uses in the R/OS Countywide Plan Map category. Response: Ordinance 7926-08, effective July 17, 2008, amended Section 2-1403 to remove the Overnight Accommodations use from the Open Space/Recreation ("OSR") District. The proposed amendment to Section 2-1403 removes Public Transportation Facilities use from the OSR District. 15. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the Preservation (P) zoning district; however, commercial recreation uses are neither primary nor secondary uses in the Preservation (P) Countywide Plan Map category. Response: Proposed amendments to Section 1-109 and Section 2-1501.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. Additional amendments to Section 2-1502 remove outdoor recreation/entertainment use from the Preservation ("P") District. 16. Issue: In the City's LDRs, non-residential off-street parking is not consistently restricted in area in the residential and mixed-use future land use plan categories. Response: Proposed amendments to Section 1-109, Section 2-201.1, Section 2-301.1, and Section 2-1001.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 17. Issue: In the City's LDRs, places of worship and social and community centers are allowed in the C zoning district without restriction in area in the CN, CL, or CG future land use plan categories. Response: Proposed amendments to Section 1-109 and Section 2-701.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. -4- 0 0 18. Issue: In the City's LDRs, social and community centers are allowed in the Tourist (T) zoning district; however, such uses are not restricted in area in the Resort Facilities High (RFH) future land use plan category. Response: Proposed amendments to Section 1-109 and Section 2-801.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 19. Issue: The City's LDRs are silent regarding the floor area limitations applicable to personal service/office support uses in the Residential/Office Limited (R/OL) and Residential/Office General (R/OG) future land use plan categories. Response: Proposed amendments to Section 1-109 and Section 2-1001.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 20. Issue: In the City's LDRs, airports, marina facilities, and public transportation facilities are allowed in the I zoning district; however, such uses are not restricted in area in the I future land use plan category. Response: Proposed amendments to Section 1-109 and Section 2-1201.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 21. Issue: In the City's LDRs, governmental uses, hospitals and other institutional uses are allowed in the I zoning district; however, such uses are not restricted in area in the T/U future land use plan category. Response: Proposed amendments to Section 1-109 and Section 2-1201.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. 22. Issue: In the City's LDRs, utility/infrastructure facilities must not exceed 10 acres in the Industrial, Research and Technology (IRT) zoning district without a plan map amendment. Response: Proposed amendments to Section 2-1303 revise the existing footnote that sets forth limitations to utility/infrastructure uses. 23. Issue: In the City's LDRs, within the IRT zoning district, most non-industrial secondary uses that are not part of a master development plan are not limited in area. Response: Proposed amendments to Section 1-109 and Section 2-1301.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. -5- 0 0 24. Issue: In the City's LDRs, offices, retail sales, and commercial/business service uses in the IRT zoning district are not restricted in accordance with the requirements for the IG Countywide Plan Map category. Response: Proposed amendments to Section 1-109 and Section 2-1301.1 address consistency with the Countywide Future Land Use Map and the Rules Concerning the Administration of the Countywide Future Land Use Plan. Additional amendments to Section 2-1302 add footnotes that set forth limitations to office and vehicle service uses in the IG future land use plan category, and revise an existing footnote for restaurants within the IL plan category. Proposed amendments to Section 2-1303 and subsection 2- 1303.1). revise an existing footnote that sets forth limitations to vehicle sales/displays, major vehicle sales/displays, and vehicle service uses in the IL and IG plan future land use categories, and limits office uses in the IG future land use plan category. 25. Issue: The City's LDRs are silent in the event the actual boundaries of a wetland area cannot be precisely determined based on maps. Response: No further action is required, as stated in the letter sent from Michael Crawford sent January 29, 2008. 26. Issue: The City's LDRs are silent regarding the provision of a buffer for land assigned the T/U future land use plan category. Response: Proposed amendments to Section 3-907 specify appropriate buffering requirements for land assigned the T/U future land use plan category. 27. Issue: The City's LDRs are silent regarding the overlay requirements applicable to utility transmission lines located in easements in the T/U future land use plan category. Response: Proposed amendments to Section 1-109 address consistency with the Countywide Future Land Use Map. 28. Issue: The City's LDRs do not address all requirements applicable to the transfer of development rights (TDRs). Response: Proposed amendments to Section 4-1402 and Section 4-1403 address transfer of development rights. Please note that there are other provisions in the ordinance that are unrelated to Consistency issues. Should you have any questions, please contact Lauren Matzke, Planner III, at 727-562- 4547. Sincerely, Gina Clayton Assistant Planning Director Enc: Draft Ordinance 8043-09 -6- • January 29, 2008 Ms. Gina Clayton, Assistant Planning Director City of Clearwater P.O. Box 4748 Clearwater, FL 33758 Re: Consistency Reconciliation Actions Dear Ms. Clayton: This correspondence is in follow up to the meeting in your office Thursday, November I, 2007, with Catherine Porter, Chris Mettler and me in attendance. At this meeting we reviewed the Consistency Report findings as they relate to the City of Clearwater and we agreed upon a variety of solutions to the issues raised in order to achieve compliance with the consistency required by our Special Act and the Countywide Rules. As you know' the Pinellas Planning Council (PPC) and the Countywide Planning Authority (CPA) recently approved a report that identified outstanding inconsistencies between the Countywide Rules and each local government's Land Development Regulations and Future Land Use Plan Elements. In follow-up to the report, we are meeting with each local government to arrive at the definitive plan outlining the resolution of the enumerated inconsistencies, including local plan and code amendments, Countywide Rule amendments, and/or determination that no inconsistency exists. The report identified twenty-eight (28) inconsistencies in Clearwater's plan and code, which were discussed during our meeting and are outlined in the attached list, along with agreed-upon solutions (see Attachment I). Of these inconsistencies: twenty-six (26) involved potential local code or comprehensive plan amendments that the City staff has agreed to, with two (2) of these also involving potential Countywide Rule amendments to be initiated by PPC staff; and two (2) were determined not to be inconsistent. As you stated in the meeting, it is expected that the City will complete the plan amendments through the Evaluation and Report amendment process scheduled for the second half of 2008. As for the code amendments, you reiterated in your January 8th letter • the unlikelihood of completing them by March 2008. With that being said, please provide us with an estimated 2008 target date. Once the City has adopted the necessary revisions to their Land Development Regulations and/or Future Land Use Plan Elements, and the PPC and CPA complete the necessary Countywide Rule amendments, an updated determination of consistency will be issued by the PPC and the CPA for Clearwater. Please let me know if anything in either this letter or the attached list of agreed upon solutions to the consistency issues is incorrect. Thank you again for meeting with us and your continued cooperation throughout this process. Sincerely, Michael C. Crawford, AICP Planning Manager cc: Councilmember John Doran, PPC Representative Michael Delk, Planning Director Jewel Cole, Managing Assistant County Attorney Attachment I - Consistency Reconciliation Actions City of Clearwater The following is an abbreviated list of the issues that are included in more detail in the Consistency Report dated January 2007, and the agreed upon resolution of each issue as determined at the Thursday, November 1, 2007 meeting: Issue: In the City's land development regulations (LDRs), density, floor area ratio (FAR), and impervious surface ration (ISR) calculations are based on gross land area which, absent a definition, appears to include public road rights-of-way. Furthermore, while the LDRs expressly state that submerged land cannot be used to calculate density, the absence of a like statement for FAR and ISR calculations leaves open the potential for inconsistency. Resolution: Absent an alternative solution, the LDRs are required to be amended to specify that public road rights-of-way and submerged land are excluded from density, FAR and ISR calculations. The following note shows the variety of ways the City's code addresses this issue and illustrates the confusion in these provisions. These sections, when read literally, could lead to improper administration of the provision. Note: While Code Section 3-902(G) specifically excludes submerged land from density calculations, as noted above and reiterated in your January 8th letter, the absence of a like statement excluding submerged land from FAR and ISR calculations and the absence of a like statement excluding public road rights-of-way from density,, FAR, and ISR calculations lead to the potential that one would calculate density and intensity in a manner inconsistent with the Countywide Rules, as noted above. While the graphic associated with the definition of density in Section 8-102 does not depict public right-of-way as part of the gross acre, the definition does not specifically exclude it. While the definition of lot area excludes "area designated for street purposes," the definitions for density, FAR and ISR do not reference "lot area." The definition of density references "gross acre of land." The definition of ISR references "gross land area." The definition of FAR has a typo indicating FAR is calculated by dividing gross floor area by gross floor area, instead of dividing by gross land area. "Gross land area" is not defined in the LDRs, as noted above. It is defined in the Countywide Rules to include the "total land area within the property boundaries of the subject parcel, and specifically exclusive of any submerged land or public road right-of-way." 2. Issue: In the City's LDRs, the maximum permitted ISR in the Commercial General (CG) future land use plan category is .95. Resolution: The City's LDRs will be amended to state the maximum permitted ISR in the CG future land use plan category is .90. 9 0 3. Issue: In the City's LDRs, the definition of "overnight accommodations" and "interval ownership/timesharing" do not reference any restriction on the term of occupancy, without which, there exists a potential for inconsistent density. Resolution: The LDRs will be amended to address the term of occupancy for transient accommodation uses. On October 16th, the Countywide Planning Authority approved amendments to the Countywide Rules addressing temporary lodging use. The changes including changing the term "transient accommodation" to "temporary lodging" and adding provisions allowing higher temporary lodging density. Local governments wishing to take advantage of the higher temporary lodging use densities are required to address design considerations, transportation concurrency management, and operational characteristics, including maximum length of stay. 4. Issue: In the City's LDRs, permitted maximum density according to the land use plan does not always correlate with permitted minimum lot sizes. Resolution: The City's LDRs will be amended to state: "Except for single family lots of record, where minimum lot sizes yield inconsistent density with the land use plan, the land use plan shall govern." Note: The PPC staff may propose an amendment to the Countywide Rules indicating that the density standards shall not be construed to render non-conforming those lots previously platted in the built-out communities within the county in a manner consistent with the plan categories and subsequently altered by dedication of land area for public road right-of way. 5. Issue: Locational characteristics are set forth in the City's comprehensive plan; however, they are general in nature and lack the necessary detail to be comparable to and consistent with the Countywide Plan Map and Rules. Resolution: The City's comprehensive plan will be amended with the addition of the following policy: "All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules." 6. Issue: In the City's LDRs, indoor and outdoor recreation/entertainment is allowed in the Commercial (C) zoning district; however, commercial recreation is neither a primary nor a secondary use in the Residential/Office/Retail (R/O/R) and Commercial Neighborhood (CN) Countywide Plan Map categories. 0 0 Resolution: In the City's LDRs, the C zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 7. Issue: In the City's LDRs, outdoor storage is allowed in the C zoning district; however, it is not conditioned to be consistent with the commercial Countywide Plan Map categories. Resolution: No further action is required. The outdoor storage allowed in the C zoning district is associated with retail use and therefore is not subject to the conditions. 8. Issue: In the City's LDRs, outdoor storage and self-storage are allowed in the C zoning district; however, storage/warehouse uses are neither primary nor secondary uses in the R/O/R and CN Countywide Plan Map categories. Resolution: In the City's LDRs, the C zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 9. Issue: In the City's LDRs, light assembly is allowed in the C zoning district; however, such use is neither a primary nor secondary use in the CN and Commercial Limited (CL) Countywide Plan Map categories. Resolution: In the City's LDRs, the C zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 10. Issue: In the City's LDRs, the Institutional (I) zoning district is utilized in conjunction with the Institutional (I) and Transportation/Utility (T/U) future land use plan categories; however, nursing homes and other residential equivalent uses are not permitted in the T/U plan category. Resolution: In the City's LDRs, the I zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 11. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the I zoning district; however, commercial recreation uses are neither primary nor secondary uses in the I and T/U Countywide Plan Map categories. Resolution: The City's LDRs will be amended to disallow outdoor recreation/entertainment in the I zoning district. 12. Issue: In the City's LDRs, manufacturing is allowed in the Industrial, Research and Technology (IRT) zoning district; however, it is not specifically limited to light 0 0 manufacturing in the Industrial Limited (IL) future land use plan category nor are there any restrictions on exterior storage or processing in the IL future land use plan category. Resolution: In the City's LDRs, the IRT zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 13. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the Open Space/Recreation (OSR) zoning district; however, commercial recreation uses are neither primary nor secondary uses in the Recreation/Open Space (R/OS) Countywide Plan Map category. Resolution: The City's LDRs will be amended to disallow outdoor recreation/entertainment in the OSR zoning district or will be limited to golf courses/clubhouses. Note: In the meeting, it was asserted that the PPC staff had in previous years indicated public batting cages (which had been proposed for the Eddie C. Moore sports complex) and a public ice skating rink (proposed to be operated by private vendor) were allowable uses in the R/OS Countywide Plan Map category. Such uses, including those operated for a local government by a private vendor, would be classified as public recreation facility uses allowable in the R/OS Countywide Plan Map category. 14. Issue: In the City's LDRs, overnight accommodations and public transportation facilities are allowable in the OSR zoning district; however, such uses are neither primary nor secondary uses in the R/OS Countywide Plan Map category. Resolution: The City's LDRs will be amended to disallow overnight accommodations and public transportation facilities in the OSR zoning district. 15. Issue: In the City's LDRs, outdoor recreation/entertainment is allowable in the Preservation (P) zoning district; however, commercial recreation uses are neither primary nor secondary uses in the Preservation (P) Countywide Plan Map category. Resolution: The City's LDRs will be amended to disallow outdoor recreation/entertainment in the P zoning district. 16. Issue: In the City's LDRs, non-residential off-street parking is not consistently restricted in area in the residential and mixed-use future land use plan categories. Resolution: In the City's LDRs, the residential and mixed-use zoning districts' maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. Note: The comment in your January 8th letter, that the language to be added in the regulations for each of the zoning districts regarding compliance with the Countywide Plan Map category standards will address this issue is consistent with this resolution. Specifically, a statement added in each of the residential and mixed-use zoning districts' regulations indicating the applicable acreage thresholds shall be consistent with the Countywide Plan Map. category standards will resolve the issue. 17. Issue: In the City's LDRs, places of worship and social and community centers are allowed in the C zoning district without restriction in area in the CN, CL, or CG future land use plan categories. Resolution: In the City's LDRs, the C zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 18. Issue: In the City's LDRs, social and community centers are allowed in the Tourist (T) zoning district; however, such uses are not restricted in area in the Resort Facilities High (RFH) future land use plan category. Resolution: In the City's LDRs, the T zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 19. Issue: The City's LDRs are silent regarding the floor area limitations applicable to personal service/office support uses in the Residential/Office Limited (R/OL) and Residential/Office General (R/OG) future land use plan categories. Resolution: The City's LDRs will be amended to specify that in the Office (O) zoning district, the appropriate floor area limitations will apply to personal service/office support uses in the R/OL and R/OG future land use plan categories. 20. Issue: In the City's LDRs, airports, marina facilities, and public transportation facilities are allowed in the I zoning district; however, such uses are not restricted in area in the I future land use plan category. Resolution: In the City's LDRs, the I zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 21. Issue: In the City's LDRs, governmental uses, hospitals and other institutional uses are allowed in the I zoning district; however, such uses are not restricted in area in the T/U future land use plan category. 0 0 Resolution: In the City's LDRs, the I zoning district's maximum development potential standards will be amended to address use, density/intensity, and acreage restrictions per future land use plan category. 22. Issue: In the City's LDRs, utility/infrastructure facilities must not exceed 10 acres in the Industrial, Research and Technology (IRT) zoning district without a plan map amendment. Resolution: The City's LDRs will be amended to specify that utility/infrastructure facilities must not exceed a maximum area of 5 acres in the Industrial General (IG) future land use plan category without a plan map amendment. 23. Issue: In the City's LDRs, within the IRT zoning district, most non-industrial secondary uses that are not part of a master development plan are not limited in area. Resolution: The City's LDRs will be amended to specify that, within the Industrial Limited (IL) future land use plan category, non-industrial secondary uses that are not part of a master development plan must not exceed a maximum area of 5 acres without a plan map amendment. 24. Issue: In the City's LDRs, offices, retail sales, and commercial/business service uses in the IRT zoning district are not restricted in accordance with the requirements for the IG Countywide Plan Map category. Resolution: The City's LDRs will be amended to include the appropriate restrictions in the IRT zoning district applicable to office, retail commercial, personal service/office support and commercial/business service uses in the IG future land use plan category. 25. Issue: The City's LDRs are silent in the event the actual boundaries of a wetland area cannot be precisely determined based on maps. Resolution: No further action required. It has been concluded that the City is not required to include language in the LDRs that specifies how wetland boundaries are determined. 26. Issue: The City's LDRs are silent regarding the provision of a buffer for land assigned the T/U future land use plan category. Resolution: The City's LDRs will be amended to specify appropriate buffering requirements for land assigned the T/U future land use plan category. 27. Issue: The City's LDRs are silent regarding the overlay requirements applicable to utility transmission lines located in easements in the T/U future land use plan category. 0 0 Resolution: The City's LDRs will be amended to specify the overlay requirements applicable to utility transmission lines located in easements in the T/U future land use plan category. 28. Issue: The City's LDRs do not address all requirements applicable to the transfer of development rights (TDRs). Resolution: The City's LDRs will be amended to thoroughly address all requirements applicable to the transfer of development rights, including the consistency of use characteristics between sending and receiving parcel plan categories, the limitations on TDRs from existing developed property, the regulations for exceeding maximum density/intensity within a designated redevelopment area, the development right restrictions on sending parcels, the prohibiting of transferring additional development rights from parcels previously used as sending parcels, the applicable restrictions on TDRs associated with submerged land and the coastal high hazard area, and the development right restrictions on parcels in the Preservation and Recreation/Open Space future land use plan categories (see Countywide Rules Sections 4.2.7.2.1(A), (B), (C)(3), (D)(1)-(4), (E), (F), (G), and (H)). • January 8, 2008 Michael C. Crawford, AICP Planning Manager Pinellas Planning Council 600 Cleveland Street, Suite 850 Clearwater, FL 33755 Dear Mr. Crawford: • I have reviewed your letter dated December 14, 2007 regarding the inconsistencies you have identified between the Countywide Rules and the Clearwater Comprehensive Plan and Community Development Code. I am in agreement with the proposed resolutions, with the exception of #1, #16 and # 28. With regard to #1, Clearwater Community Code Section 3-902.G specifically excludes submerged land from density calculations. One cannot build on submerged land; therefore, the City of Clearwater does not include submerged land in any calculations related to density and/or intensity. With regard to your concern about the potential inclusion of public road rights-of-way in density/intensity calculation, publicly owned land can not be considered when determining development potential for privately owned property. Within the Clearwater Community Development Code, the graphic associated with the definition of density clearly associates "gross acre" with lot area and does not depict any public right-of-way. Additionally, the definition of lot area pursuant to Section 8-102 states that "lot area means the total land area within the boundaries of a lot exclusive of any area designated for street purposes." With regard to #16, is it possible that the language we agreed to add to each zoning district that will expand the language regarding compliance with the Countywide Future Land Use Designations may address the concern you have raised. Lastly, you have asked that the City amend the transfer development rights section of the Community Development Code to "thoroughly address all requirements." The City believes that the Code already addresses those requirements. As mentioned in our meeting of November 1, 2007, it will be highly unlikely that the Department will be able to make these changes by March 2008. First the City's Comprehensive Plan amendments are not scheduled to be submitted to the State until this summer and second because there is not sufficient time to draft an ordinance, submit for PPC Staff review and hold all three required public hearings by March. The Planning Department does however commit to process as quickly as possible. Sincerely yours, Gina L. Clayton Assistant Planning Director cc: Michael L. Delk, AICP, Planning Director Catherine Porter, AICP, Long Range Planning Manager L' E Matzke, Lauren From: Mettler, Christopher M [cmettler@co.pinellas.fl.us] Sent: Tuesday, December 30, 2008 10:12 AM To: Matzke, Lauren Cc: Crawford, Michael C Subject: RE: PPC Consistency report Hi Lauren- Yes, the existing code language you cite from Section 3-902 resolves the issue; the Consistency Report proposed the issue be resolved by amending the code to state: "Except for single family lots of record, where minimum lot sizes yield inconsistent density with the land use plan, the land use plan shall govern." fyi : The Consistency Report noted that the "PPC staff may propose an amendment to the Countywide Rules indicating that the density standards shall not be construed to render non-conforming those lots previously platted in the built-out communities within the county in a manner consistent with the plan categories and subsequently altered by dedication of land area for public road right-of way." The PPC recommended for approval at the Dec. 17th public hearing the following proposed amendment to the Countywide Rules: 4.2.3.6 Development Impacts. Density/intensity permitted at the time of application for platting or site plan approval, and subsequently impacted by the dedication of public right-of-way and/or the creation of submerged land as a function of that approval, shall thereafter be deemed to be consistent and conforming as to the maximum permitted density/intensity of the Countywide Plan and Rules. The CPA will hold public hearings on the Rules amendments February 3rd and 17th. Chris -----Original Message----- From: Lauren.Matzke@MyClearwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Monday, December 29, 2008 11:27 AM To: Mettler, Christopher M Subject: PPC Consistency report Chris -- I hope that you enjoyed your time off and are settling back in today. I have a quick question regarding Issue 4 in the PPC's consistency report. Issue 4 states "In the City's LDRs, permitted maximum density according to land use plan does not always correlate with permitted maximum lot sizes." [Reference Countywide Rules, Section 4.2.3.2] I wanted to know if this existing language in our code sufficiently addresses your concerns. Section 3-902. Comprehensive plan densities/intensities. 1 • • A. Notwithstanding any provision in Article 2 of this Development Code, no application for development approval shall be granted for any development which exceeds the densities and intensities for that development in the comprehensive plan. I appreciate your response on this. Thanks. Lauren Lauren Matzke Planner III, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke(@myclearwater.com 2 • • Matzke, Lauren From: Porter, Catherine Sent: Thursday, November 20, 2008 2:56 PM To: Matzke, Lauren Subject: FW: consistency issue #5 Lauren, for the response you can cite the following: A.2.2.8 All land use cateeories on the Future Land Use Man shall be consistent with the densitv and intensity standards and other standards contained in the Pinellas Planning, Council Countywide Plan Rules, including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules. -----Original Message----- From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Thursday, November 20, 2008 2:42 PM To: Porter, Catherine Subject: consistency issue #5 Hi Catherine- Yes, if the City's FLUE is amended by adding the policy language as noted in the first bulleted item in my September 26, 2008 letter ["All land use categories on the Future Land Use Map shall be consistent with the density and intensity standards and other standards contained in the Pinellas Planning Council Countywide Plan Rules including criteria and standards for nomenclature, continuum of plan classifications and categories, use and locational characteristics, map delineation, other standards, and special rules."], that would resolve consistency report item # 5. Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE, 850 CLEARWATER, FL 33755-4160 PII: 727.464.8250 E.Ax: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG • • Matzke, Lauren From: Mettler, Christopher M [cmettler@co.pinellas.fl.us] Sent: Wednesday, September 24, 2008 11:22 AM To: Matzke, Lauren Subject: RE: Clearwater - Consistency Amendments Attachments: City of Clearwater.doc Hi Lauren- The 12/14/07 letter was a draft forwarded to the City after our meeting. It was edited and became the 1/29/08 letter. The 1/29/08 letter is the conclusive list of issues and I would consider it the primary document of reference for the consistency process. I am attaching the original/detailed issues log because it includes the code references that will be helpful for you. Chris -----Original Message----- From: Lauren.Matzke@MyClearwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Wednesday, September 24, 2008 11:04 AM To: Mettler, Christopher M Subject: RE: Clearwater - Consistency Amendments Chris -- I've seen reference to a letter from PPC (perhaps the original one after your meeting with the City) dated December 14, 2007 that identified inconsistencies between the two plans. The January 29 letter you forwarded included the abbreviated list of issues. Is there any way to get the original/detailed issues log you sent prior to meeting with the City last November? If I recall from my past involvement in this process, the detailed issues log isn't significantly different from what you just sent me, but since I am joining this midway through the process, it may help me gain a better understanding of things. Thanks! Lauren -----Original Message----- From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Tuesday, September 23, 2008 11:43 AM To: Matzke, Lauren Subject: RE: Clearwater - Consistency Amendments Hi Lauren! I see two letters: the 1/29/08 letter spelling out the required changes and a 3/19/08 letter commenting on some code amendments. Chris -----Original Message----- From: Lauren.Matzke@MyClearwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Tuesday, September 23, 2008 11:29 AM To: Mettler, Christopher M Subject: Clearwater - Consistency Amendments 1 • Chris -- • Would you mind emailing me the various correspondence/documents to date you have for Clearwater's consistency amendments? I have accumulated some, but I'm not sure if I have everything in one place. I am going to start working on these, while I also get familiar with the City's Code. Thanks! Lauren Matzke Planning Department, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke(@myclearwater.com z E. City of Clearwater Findings. A review of the City of Clearwater Future Land Use Element of the Comprehensive Plan and the Community Development Code reveals the following actual and potential inconsistencies with the Countywide Plan and Rules: Nomenclature Consistent Major Classifications and Cate ories/Continuum Consistent Density/Intensity Standards Issue Countywide Rules Requirement Suggested Action 1. Density, FAR, and ISR calculations Public road rights-of-way and The LDRs should be amended to are based on gross land area which, submerged land must be excluded specify that public road rights-of-way absent a definition, appears to from density, FAR and ISR and submerged land are excluded from include public road rights-of-way. calculations. [Countywide Rules, density, FAR and ISR calculations. Furthermore, while the LDRs Division 7.2, see definition of expressly state that submerged land "density", "floor area ratio", cannot be used to calculate density, "impervious surface ratio" and the absence of a like statement for "gross land area"] FAR and ISR calculations leaves open the potential for inconsistency. [see definition of "density", "floor area ratio" and "impervious surface ratio", Community Development Code, Section 8-102 and 3-902G] 2. The maximum permitted ISR in the The maximum permitted ISR in the The LDRs should be amended to state CG plan category is .95. CG plan category is .90. the maximum permitted ISR in the CG [Community Development Code, [Countywide Rules, Section plan category is .90. Section 2-701.1] 2.3.3.5.4] Density/Intensity Standards Continued Issue Countywide Rules Requirement Suggested Action 3. The definition of "overnight Occupancy within transient The LDRs should be amended to accommodations" and "interval accommodation uses is limited to a address the term of occupancy for ownership/timesharing" do not term of less than one month, more transient accommodation uses, reference any restriction on the term than three times in any consecutive Furthermore, it should be noted that of occupancy, without which, there 12-month period. [see definition of amendment of the Countywide Rules exists a potential for inconsistent "transient accommodation use" is currently in process to account for density. [see definition of "overnight , Countywide Rules, Division 7.2] modern trends affecting transient accommodations" and "interval accommodation uses. Upon adoption, ownership/timesharing", Community local standards for transient Development Code, Section 8-102] accommodations should be made consistent with the Countywide Rules. Density/Intensity Standards (Continued) Issue Countywide Rules Requirement Suggested Action 4. Permitted maximum density Density/intensity of the LDR The LDR should be amended to state: according to the land use plan does category must be equal to or less than "Except for single family lots of not always correlate with permitted the density/intensity of the record, where minimum lot sizes yield minimum lot sizes. For example, corresponding plan category. inconsistent density with the land use within the LDR zoning district, based [Countywide Rules, Section 4.2.3.2] plan, the land use plan shall govern." on a minimum lot size of 10,000 square feet, up to 4.4 dwelling units would be allowed per acre, which is inconsistent with the Residential Estate (RE) maximum density of 1.0 dwelling unit per acre and the Residential Suburban (RS) maximum density of 2.5 dwelling units per acre. Also, within the LDR zoning district, residential infill projects have no minimum lot area. [Community Development Code, Section 2-103] Issue 5. Locational characteristics are set forth in the comprehensive plan; however, they are general in nature and lack the necessary detail to be comparable to and consistent with the Countywide Plan Map and Rules [Future Land Use Element, Policies 3.2.2. 3.2.3 and 3.2.41 6. 1 Indoor and outdoor recreation/entertainment is allowed in the Commercial (C) zoning district; however, commercial recreation is neither a primary nor secondary use in the Residential/Office/Retail (R/O/R) nor Commercial Neighborhood (CN) plan category. [Community Development Code, Sections 2-703 and 2-704] Use and Locational Characteristics Countywide Rules Requirement Proper locations for future land use categories must be described in sufficient detail to be determined comparable to and consistent with the Countywide Plan Map and Rules. [Countywide Rules, Sections 4.2.4 and 4.2.4.1] Uses must be consistent with the primary or secondary use characteristics identified in a particular plan category. As an exception, if the use is not consistent with the primary or secondary use characteristics identified in a plan category but is included in the use characteristics of another category in the same major classification, the use may be allowed subject to specified use limitations. [Countywide Rules, Sections 4.2.4.2 and 4.2.4.3] Suimested Action The comprehensive plan should be amended to set forth additional detail for each land use category consistent with the Countywide Plan Map and Rules. Indoor and outdoor recreation/entertainment should either be disallowed in the R/O/R and CN plan categories or be limited in such categories in accordance with the terms contained in Section 4.2.4.3 of the Countywide Rules. Use and Locational Characteristics Continued Issue Countywide Rules Requirement Suggested Action 7. Outdoor storage is allowed in the C Outdoor storage in the Commercial Outdoor storage should be deleted zoning district; however, it is not plan categories must be incidental to from the list of permitted uses in the C conditioned to be consistent with the and not exceed 20 percent of the area zoning district or appropriately Commercial plan categories. of the building to which it is restricted within Commercial plan [Community Development Code, accessory. [Countywide Rules, categories. Section 2-703] Sections 2.3.3.5.2 and 2.3.3.5.4 and Division 7.2, see definition of "Storage/Warehouse (Class A) Use"] 8. Outdoor storage and self-storage are Uses must be consistent with the Outdoor storage and self-storage allowed in the C zoning district; primary or secondary use should be disallowed in the R/O/R plan however, storage/warehouse uses are characteristics identified in a category. In addition, outdoor storage neither primary nor secondary uses in particular plan category. As an and self-storage should be either the R/O/R or CN plan category. exception, if the use is not consistent disallowed in the CN plan category or [Community Development Code, with the primary or secondary use be limited in such category in Sections 2-703 and 2-704] characteristics identified in a plan accordance with the terms contained in category but is included in the use Section 4.2.4.3 of the Countywide characteristics of another category in Rules. the same major classification, the use may be allowed subject to specified use limitations. [Countywide Rules, Sections 4.2.4.2 and 4.2.4.3] Use and Locational Characteristics Continued Issue Countywide Rules Requirement Suggested Action 9. Light assembly is allowed in the C Uses must be consistent with the Light assembly should either be zoning district; however, such use is primary or secondary use disallowed in the CN and CL plan neither a primary nor secondary use characteristics identified in a category or be limited in such in the CN or Commercial Limited particular plan category. As an categories in accordance with the (CL) plan category. [Community exception, if the use is not consistent terms contained in Section 4.2.4.3 of Development Code, Section 2-704] with the primary or secondary use the Countywide Rules. characteristics identified in a plan category but is included in the use characteristics of another category in the same major classification, the use may be allowed subject to specified use limitations. [Countywide Rules, Sections 4.2.4.2 and 4.2.4.3] 10. The I zoning district is utilized in Uses must be consistent with the Residential equivalent uses in the I conjunction with the I and T/U plan primary or secondary use zoning district should be qualified with categories; however, nursing homes characteristics identified in a a statement that such uses are and other residential equivalent uses particular plan category. permitted in the I plan category only. are not permitted in the T/U plan [Countywide Rules, Section 4.2.4.2] category. [Community Development Code, Sections 2-1202 and 98- 298(7)] Use and Locational Characteristics (Continued) Issue Countywide Rules Requirement Suggested Action 11. Outdoor recreation/entertainment is Uses must be consistent with the Outdoor recreation/entertainment allowable in the I zoning district; primary or secondary use should be disallowed in the I zoning however, commercial recreation uses characteristics identified in a district. are neither primary nor secondary particular plan category. uses in the I or TX plan categories. [Countywide Rules, Section 4.2.4.2] [Community Development Code, Section 2-1203] 12. Manufacturing is allowed in the IRT Manufacturing in the IL plan The LDRs should be amended to zoning district; however, it is not category is limited to light appropriately limit manufacturing uses specifically limited to light manufacturing/assembly (Class A) in the IL plan category. manufacturing in the Industrial uses and precludes exterior storage Limited (IL) plan category nor are and processing of equipment or there any restrictions on exterior materials of any kind. [Countywide storage or processing in the IL Rules, Section 2.3.3.6.1 and Division category. [Community Development 7.2, see definition of "light Code, Sections 2-1302 and 2-1303] manufacturing/assembly (Class A) use". 13. Outdoor recreation/entertainment is Uses must be consistent with the Outdoor recreation/entertainment allowable in the OSR zoning district; primary or secondary use should be disallowed in the OSR however, commercial recreation uses characteristics identified in a zoning district or be limited to golf are neither primary nor secondary particular plan category. courses/clubhouses. uses in the R/OS plan category. [Countywide Rules, Section 4.2.4.2] [Community Development Code, Section 2-1403] Use and Locational Characteristics Continued Issue Countywide Rules Requirement Suggested Action 14. Overnight accommodations and Uses must be consistent with the Overnight accommodations and public public transportation facilities are primary or secondary use transportation facilities should be allowable in the OSR zoning district; characteristics identified in a disallowed in the OSR zoning district. however, such uses are neither particular plan category. primary nor secondary uses in the [Countywide Rules, Section 4.2.4.2] R/OS plan category. [Community Development Code, Section 2-1403] 15. Outdoor recreation/entertainment is Uses must be consistent with the Outdoor recreation/entertainment allowable in the P zoning district; primary or secondary use should be disallowed in the P zoning however, commercial recreation uses characteristics identified in a district. are neither primary nor secondary particular plan category. uses in the P plan category. [Countywide Rules, Section 4.2.4.2] [Community Development Code, Section 2-1503] Other Standards Issue Countywide Rules Requirement Suggested Action 16. Non-residential off-street parking is Ancillary non-residential uses (i.e., The LDRs should be amended to not consistently restricted in area in off-street parking, drainage retention specify that ancillary non-residential Residential and Mixed Use plan areas and open space buffer areas for uses must not exceed a maximum area categories. [See, for example, adjacent, contiguous, non-residential of 3 acres in Residential and Mixed Community Development Code, uses) in Residential and Mixed Use Use plan categories without a plan map Sections 2-204C and 2-1003G] plan categories must not exceed a amendment. maximum area of 3 acres without a plan map amendment. [See, for example, Countywide Rules, Sections 2.3.3.1.4 and 2.3.3.4.3] Other Standards (Continued) Issue Countywide Rules Requirement Suggested Action 17. Places of worship and social and Institutional uses in the CN, CL and The LDRs should be amended to community centers are allowed in the CG plan categories must not exceed specify that institutional uses must not C zoning district without restriction a maximum area of 5 acres without a exceed a maximum area of 5 acres in in area in the CN, CL or CG plan plan map amendment. [Countywide the CN, CL and CG plan categories categories. [Community Rules, Sections 2.3.3.5.1., 2.3.3.5.2 without a plan map amendment. Development Code, Section 2-702] and 2.3.3.5.4] 18. Social and community centers are Institutional uses in the RFH plan The LDRs should be amended to allowed in the T zoning district; category must not exceed a specify that social and community however, such uses are not restricted maximum area of 5 acres without a centers must not exceed a maximum in area in the RFH plan category. plan map amendment. [Countywide area of 5 acres in the RFH plan [Community Development Code, Rules, Section 2.3.3.4.6] category without a plan map Section 2-802] amendment. 19. The LDRs are silent regard the floor Personal service/office support uses The LDRs should specify the area limitations applicable to in the R/OL and R/OG plan appropriate floor area limitations personal service/office support uses categories must not exceed a floor applicable to personal service/office in the R/OL and R/OG plan area of 3,600 or 5,000 square feet, support uses in the R/01, and R/OG categories. respectively, and no combination of plan categories. such uses in any single multi-tenant building or group of buildings in a unified project may exceed 10 percent of the gross floor area of the buildings. [Countywide Rules, Sections 2.3.3.4.1 and 2.3.3.4.2 Other Standards Continued Issue Countywide Rules Requirement Suggested Action 20. Airports, marina facilities, and public Transportation/utility uses in the I The LDRs should be amended to transportation facilities are allowed plan category must not exceed a specify that transportation/utility uses in the I zoning district; however, maximum area of 10 acres without a must not exceed a maximum area of 10 such uses are not restricted in area in plan map amendment. [Countywide acres in the I plan category without a the I plan category. [Community Rules, Section 2.3.3.7.3] plan map amendment. Development Code, Sections 2-1203 and 2-1204] 21. Governmental uses, hospitals and Institutional uses in the T/U plan The LDRs should be amended to other institutional uses are allowed in category must not exceed a specify that institutional uses must not the I zoning district; however, such maximum area of 10 acres without a exceed a maximum area of 10 acres in uses are not restricted in area in the plan map amendment. [Countywide the T/U plan category without a plan T/U plan category. [Community Rules, Section 2.3.3.7.4] map amendment. Development Code, Sections 2-1202, 2-1203 and 2-1204] 22. Utility/infrastructure facilities must Utility/infrastructure facilities must The LDRs should be amended to not exceed 10 acres in the IRT not exceed a maximum area of 5 specify that utility/infrastructure zoning district without a plan map acres in the IG plan category without facilities must not exceed a maximum amendment. [Community a plan map amendment. area of 5 acres in the IG plan category Development Code, Section 2-1303] [Countywide Rules, Section without a plan map amendment. 2.3.3.6.2] Other Standards Continued Issue Countywide Rules Requirement Suggested Action 23. Within the IRT zoning district, most Within the IL plan category, non- The LDRs should be amended to non-industrial secondary uses that industrial secondary uses that are not specify that, within the IL plan are not part of a master development part of a master development plan category; non-industrial secondary plan are not limited in area. must not exceed a maximum area of uses that are not part of a master [Community Development Code, 5 acres Without a plan map development plan must not exceed a Section 2-1303] amendment. [Countywide Rules, maximum area of 5 acres without a Section 2.3.3.6.1] lan map amendment. 24. Offices, retail sales, and Office, retail commercial, personal The LDRs should be amended to commercial/business service uses in service/office support and include the appropriate restrictions the IRT zoning district are not commercial/business service uses are applicable to office, retail commercial, restricted in accordance with the allowed in the IG plan category only personal service/office support and requirements for the IG plan as accessory uses, located in the commercial/business service uses in category. [Community Development structure to which it each is the IG plan category. Code, Article 2, Division 13] accessory, and must not exceed 25 percent of the floor area of the principal use to which each is accessory. [Countywide Rules, Section 2.3.3.6.2] Other Standards Continued Issue Countywide Rules Requirement Suggested Action 25. The LDRs are silent in the event the Where the snapped delineation of The LDRs should specify the actual boundaries of a wetland area wetland areas is inconclusive, a filed appropriate process for determining cannot be precisely determined based determination and mapping of the actual boundaries of wetlands if on maps. actual boundary may be required as existent. part of any amendment or project approval determination. [Countywide Rules, Section 2.3.3.7.1] 26. The LDRs are silent regarding the An appropriate buffer, as determined The LDRs should specify appropriate provision of a buffer for land by the local jurisdiction, must be buffering requirements for land assigned the Transportation/Utility provided within and between the assigned the Transportation/Utility plan category. Transportation/Utility plan category plan category. and any other adjoining classification, other than Industrial. [Countywide Rules, Section 2.3.3.7.4] 27. The LDRs are silent regarding the In the Transportation/Utility plan The LDRs should specify the overlay overlay requirements applicable to category, where utility transmission requirements applicable to utility utility transmission lines located in lines are located in easements, as transmission lines located in easements easements in the distinct from rights-of-way, the in the Transportation/Utility plan Transportation/Utility plan category. category must be shown as an category. overlay. [Countywide Rules, Section 2.3.3.7.4] Special Rules Issue Countywide Rules Requirement Suggested Action 28. The LDRs do not address all Detailed criteria applies to the The LDRs should be amended to requirements applicable to the transfer of development rights, thoroughly address all requirements transfer of development rights. including transfers from existing applicable to the transfer of [Community Development Code, developed property, residual development rights. Article 4, Division 14] development rights applicable to the sending parcel, and transfers from or to submerged land. [Countywide Rules, Section 4.2.7.2] Notes. Other notes are as follows: 37. There appears to be an understatement in the LMDR zoning district regulations regarding the maximum permitted FAR and ISR applicable to nonresidential uses in the RL plan category. The maximum FAR and ISR are stated as .30 and .60 respectively. By comparison, in the LDR zoning district, a less intensive district, the maximum FAR and ISR are .40 and .65 respectively. [Community Development Code, Sections 2-101.1 and 2-201.1] 38. There does not appear to be a process or standards for adjustment of FAR and ISR standards. • 39. The City may wish to consider adding a density bonus to promote the development of affordable housing. [Countywide Rules, Section 4.2.3.5] 40. To protect and preserve existing scenic/non-commercial corridors, the City is encouraged to provide objectives in the comprehensive plan that parallel t hose contained in Section 4.2.7.1.2 of the Countywide Rules. ?%EY civic h i?b: Box 3414 Clearwater,, Owida 33767 Mayor Frank Hibbard City of Clearwater 112 South Osceola Ave. Clearwater, Florida 33756 July 27, 2009 RE: Proposed Amendments to Ordinance No. 8043-09 Regarding Docks Dear Mayor Hibbard, On July 14, 2009, The Sand Key Civic Association ("SKCA") conducted a Special Public Meeting specifically to discuss the proposed amendments to the ordinance provisions pertaining to "commercial" docks. Kindly, accept the comments contained herein as reflecting the unanimous opinion of SKCA Directors. SKCA appreciates the actions taken by the Council during their Work Session instructing the Staff to draft language to limit the length of docks and provide greater specificity regarding permitted variances. However, SKCA does not feel that these actions adequately address our concerns. SKCA is opposed to permitting construction of ANY commercial docks on Sand Key, and requests that Sand Key be specifically excluded, by ordinance, from any provisions allowing/ pertaining to commercial docks. Prior to discussing the specific reasons underlying our request, clarification is appropriate regarding the 2 boat related (non-residential) structures on the Island. The United States Coast Guard does have a dock which serves the 4-5 boats that are used for emergencies and training purposes. This is a Federal facility that is intended solely for National Security and public safety. The Clearwater Community Sailing Center has a platform that extends over the water upon which there are lifts installed by the State specifically to lift handicapped individuals in and out of boats specifically designed for their use. Boats do not dock at the Sailing Center facility. Neither of these structures are utilized or intended for use as commercial docks and should NOT be used for comparison or precedential purposes. 0 0 There are three primary reasons why commercial docks should not be permitted on Sand Key: 1) Environmental concerns 2) Safety considerations, and 3) The residential character of the neighborhood Environmental Concerns-Docks would cause irreparable harm to the existing plant and animal life found in the shallow waters of Clearwater Harbor, particularly on Sand Key. Sea grass, manatees, dolphins and string rays, which have been able to flourish for all these years UNDISTURBED, would be severely impacted by the heavy boat traffic that commercial docks would attract. Several Condo Associations on the Harbor side recognize the sensitive nature of the waters abutting their properties, and prohibit any intrusion on their shore line by owners, even including launching of non-motorized craft. On three separate occasions over the past 20 years, applications for commercial docks on the North End of Sand Key have been denied by Pinellas County because of their concerns for the adverse environmental impact. Studies conducted have documented the potential damage that docks would cause to the environmental infrastructure. Safety Considerations-The two most likely locations for commercial docks are directly adjacent to the Sailing Center. In addition to serving the general public, the Center offers special programs for children and handicapped persons. Youth programs include classes, competitions, summer camp and regattas. Special programs are offered for handicapped and special needs persons, including paralyzed Armed Forces veterans and others from the Veterans Administration and other local hospitals. Where else, in Clearwater-or the State of Florida- is there a nationally acclaimed facility that offers such unique programs. Construction of docks would invariably bring many motorized and other boats of all sizes in, around and through the area used by these special sailors. We cannot afford to put them in harm's way. Let's also not forget that, unfortunately, boating, commercial docks and alcohol have a way of finding one another Alcohol use is reported to be a primary cause of boating accidents. Both existing and proposed City Dock Ordinances recognize the importance of water safety (see 3-601.C.3.b.-"Impacts on Existing Water Recreation Activities)-"The proposed dock shall not adversely impact the health, safety or well being of persons currently using the adjacent waterways for recreational and or commercial purposes. Furthermore, the dock shall not hinder of discourage the existing uses of the adjacent waterway. Such uses include but are not limited to non-motorized boats and motorized boats." SKCA cannot envision the Sailing Center programs, particularly youth and handicapped, continuing operation in a safe manner if boats were permitted cut right through the area where they sail. Residential Character of the Neighborhood-Unlike Clearwater Beach (North and South), the Municipal Marinas (existing and under development) and the so-called "Marina Distinct" on North Beach, our neighborhood is ALMOST ENTIRELY "high density residential." Construction of commercial docks on our Island, particularly on those parcels directly adjacent to the Sailing Center, will significantly, and forever, change the character of our neighborhood. The ability to construct commercial docks will directly impact the manner, nature and extent to which these commercial properties will ultimately be developed. As previously mentioned, there currently exist other locations which are appropriate for commercial docks, nightclubs and other related enterprises. There are some who would argue that a Municipality cannot implement zoning that provides disparate treatment for different locations. SKCA does not believe that to be the case where there are good reasons, especially public safety and the environment. The proposed ordinances themselves treat the East Short of Clearwater Harbor differently, and the County Code embodies specific provisions for Lake Tarpon and Lake Seminole. Recent history (e.g. "The Shoppes" and Legg Mason/Cabana Club) demonstrate the need to be proactive and take action before an actual application is submitted. We request that The City Council, be proactive instead of reactive, and help the residents of Sand Key to preserve our safe, environmentally sensitive residential community by precluding any new commercial docks. Only by doing so in a timely manner, can we insure that we will not be sorry when it is too late! Your consideration is greatly appreciated. Sincerely yours, Jerry Koenig Donald van Weezel President Vice President cc: Council Members John Doran, George Cretekos, Paul Gibson and Carlene Peterson City Manager Bill Horne Planning Director Michael Delk SKCA Board Members • • CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 3, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation - Rev. Katherine Hodges of Friendship United Methodist Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations 4.1 Suicide Prevention Week Proclamation - Bonnie McClelland, Founder and Marlene Jehs, Chapter Director of Suncoast Yellow Ribbon Suicide Prevention program. 5. Approval of Minutes 5.1 Approve the minutes of the Auqust 3, 2009 Special City Council Meeting and the August 20, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the August 3, 2009 Special City Council Meeting and the August 20, 2009 City Council Meeting as submitted in written summation by the City Clerk. The motion was duly seconded and carried unanimously. Council 2009-09-03 0 0 The Downtown Parking Garage project has been eliminated. The Municipal Beach Parking Garage project has been reduced from a $12.5 million project to an $8.5 million project. The New City Hall and Parking Garage project has been reduced from a $25 million project to a $7 million project. The Senior Facility project budget has been reduced from a $3.5 million project to a $1.2 million project. Since the City has located the senior programs in the Long Center, this has allowed a reduction in the funds necessary to accomplish this program. The Downtown Streetscape budget has been reduced from a $12.5 million to an $8 million project. The City-wide Wireless Mesh project has been eliminated. A new project funds a Downtown Intermodal Facility in the amount of $8 million to allow for the growth and expansion of public transit service within Clearwater. A new project funds a portion of the major renovation of the Royalty, or Capitol Theater, in the amount of $3.55 million. A new project funds a portion of the construction of the public boat slips on the downtown waterfront at the base of Cleveland Street in the amount of $4.125 million. A new project for $3.5 million provides for the possible purchase of the St. Petersburg Times property for the purpose of consolidating other City facilities on this site as yet to be determined. Vice-Mayor Paul Gibson moved to approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2009/10 through 2019/20. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8043-09 on second reading, making amendments to the Community Development Code to provide for consistency between the Zoning Atlas, the City's Future Land Use Plan and the provisions of the Countywide Future Land Use Map It was stated that a motion to amend on second reading was needed to remove the requirement for one foot of additional width to a parking space. Councilmember Carlen Petersen moved to amend Item 8.1, removing the requirement for 1 foot of additional width to a parking space. The motion was duly seconded and carried unanimously. Council 2009-09-03 8 0 9 Ordinance 8043-09 was presented for second reading, as amended, and read by title only. Councilmember John Doran moved to adopt Ordinance 8043-09, as amended, on second reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.2 Adopt Ordinance No. 8081-09 on second reading, annexing certain real property whose post office address is 2141 Alemanda Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition Ordinance 8081-09 was presented for second reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 8081-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.3 Admit Ordinance No. 8082-09 on second reading, amending the Future Land Use Plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Residential Urban (RU). Ordinance 8082-09 was presented for second reading and read by title only. Vice- Mayor Paul Gibson moved to adopt Ordinance 8082-09 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Councilmember George N. Cretekos, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays": None. 8.4 Adopt Ordinance No 8083-09 on second reading, amendinq the Zoning Atlas of the city by zoning certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). Council 2009-09-03 9 0 0 One individual opposed increased fuel rates. In response to a question, Finance Director Margie Simmons said staff aims to set weekly a price that is slightly lower than the average price of 6 local fuel sellers and provide a 10-cent discount to commercial operators. Councilmember Carlen Petersen moved to approve changes to the Marine and Aviation Department Business Plan to allow fuel to be sold at market rates (as stated in current Clearwater Code of Ordinance section 33.031) and authorize the transfer of $230,000 from General Fund reserves to the Marina Fund to cover cash deficits that have occurred in last fiscal year ending September 30, 2008 and the current fiscal year ending September 30, 2009. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. • City Manager Verbal Reports - None. 12. Other Council Action 12.1 Other Council Action Councilmembers reported on events in which they recently participated and offered condolences to the Berfield and McDonough families. Adjourn The meeting was adjourned at 9:00 p.m. , le?? 444?-? Mayor City of Clearwater Attest t Clerk Council 2009-09-03 16 NovusAGENDA Page 1 of 4 City Council Agenda Location: Council Chambers - City Hall Date: 9/3/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Suicide Prevention Week Proclamation - Bonnie McClelland, Founder and Marlene Jehs, Chapter Director of Suncoast Yellow Ribbon Suicide Prevention program. ID Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 3, 2009 Special City Council Meeting and the August 20, 2009 City Council Meeting as submitted in written summation by the City Clerk. ID Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=317 10/20/2009 NovusAGENDA 0 , Page 2 of 4 - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) ID Attachments 7.2 Set a final millage rate of 5.1550 mills for fiscal year 2009/10 levied against non-exempt real personal property with the City of Clearwater and pass Ordinance 8099-09 on first reading. ID Attachments 7.3 Approve the City of Clearwater Annual Operating Budget for the 2009/10 fiscal year and pass Ordinance 8100-09 on first reading. 15 Attachments 7.4 Adopt the Fiscal Year 2009/10 Capital Improvement Budget and establish a six-year plan for the Capital Improvement Program (CIP) and pass Ordinance 8101-09 on first reading. (D Attachments 7.5 Approve the recommended Penny for Pinellas project list, as revised, for Fiscal Years 2009/10 through 2019/20. 9 Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 8043-09 on second reading, making amendments to the Community Development Code to provide for consistency between the Zoning Atlas, the City's Future Land Use Plan and the provisions of the Countywide Future Land Use Map lb Attachments 8.2 Adopt Ordinance No. 8081-09 on second reading, annexing certain real property whose post office address is 2141 Alemanda Drive into the corporate limits of the city and redefining the boundary lines of the city to include said addition 0 Attachments 8.3 Adopt Ordinance No. 8082-09 on second reading, amending the Future Land Use Plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Residential Urban (RU). ID Attachments 8.4 Adopt Ordinance No 8083-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2141 Alemanda Drive, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 0 Attachments 8.5 Adopt Ordinance No. 8085-09 on second reading, vacating the west five feet of the ten-foot Drainage Easement lying east of and adjacent to the west property line of Lot 5, Block V, Hibiscus Gardens. ID Attachments 8.6 Adopt Ordinance No. 8086-09 on second reading, amending Chapter 32, Code of http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=317 10/20/2009 NovusAGENDA • 9 Page 3 of 4 Ordinances, relating to reclaimed water availability fee exemption in specifically defined areas; amending Section 32.380, Code of Ordinances to add Phase I and removing former exemption language; adding new Section 32.380.1 as Phase II; renumbering Section 32.380.1 as 32.380.2 and amending to clarify applicable phases; renumbering Section 32.380.2 as 32.380.3. ID Attachments 8.7 Adopt Ordinance No. 8097-09 on second reading, relating to Parks, Beaches and Recreation, amending Section 22.49, Code of Ordinances, to permit certain informal activities including casual ball throwing, unless such activity creates a threat of physical injury to any person. 19 Attachments 8.8 Continue to October 1, 2009 the second reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) ID Attachments City Manager Reports 9. Consent Agenda 9.1 Approve First Amendment to Agreement for Professional Management Services between the City of Clearwater and Global Spectrum, L.P. for management services for the Harborview Center from September 30, 2009 through February 28, 2010 and authorize the appropriate officials to execute same. (consent) 1B Attachments 9.2 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in FY 2009/2010 in the amount of $130,376.59 to underwrite the cost of additional Community Policing Services by the Clearwater Police Department in the East Gateway CRA District, pursuant to the East Gateway District Five-Year Action Plan and authorize the appropriate officials to execute same. (consent) 1B Attachments 9.3 Ratify and confirm change order 1 to Ajax Paving Industries of Florida, LLC of Nokomis, Florida for the 2008 Street Resurfacing Contract (08-0015-EN), increasing the contract amount by $42,416.00, for a new total of $1,011,873.50. (consent) 19 Attachments 9.4 Award a contract to APAC Southeast Incorporated of 4636 Scarsborough Drive, Lutz, FI for the construction of the East Avenue Trail Connection from Drew Street on the north to Turner Street on the south (09-0023EN)in the amount of $289,029.25 and authorize the appropriate officials to execute same. (consent) ID Attachments 9.5 Approve a lease renewal between the City of Clearwater and C.L.E.M. Hospitality, LLC for the temporary parking lot located at 400 East Shore Drive and authorize appropriate officials to execute same. (consent) 15 Attachments 9.6 Reappoint Robet Aude and appoint Jan Ellen Moss as the public housing resident to Clearwater Housing Authority with terms to expire September 30, 2013. (consent) http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=317 10/20/2009 NovusAGENDA Page 4 of 4 15 Attachments 9.7 Appoint Mayor Hibbard to the Pinellas County Metropolitan Planning Organization for a four-year term expiring on September 12, 2013. 15 Attachments 9.8 Appoint Councilmember Gibson to the Pinellas Suncoast Transit Authority (PSTA) for a three year term starting October 1, 2009 and expiring on September 30, 2012. 15 Attachments 10. Other Items on City Manager Reports 10.1 Appoint one member to the Environmental Advisory Board with the term to expire September 30, 2013. LQ Attachments 10.2 Authorize the City to enter into an agreement with CSX Transportation, Inc., for installation of one (1) 4-inch fiber optic conduit in the CSX right-of-way as part of the Hercules Avenue Fiber Optic Project, approve Wireline Crossing Agreement CSX-634515 and adopt Resolution 09-35. IB Attachments 10.3 Amend sections 22.21, 22.33, 22.34, 22.35 and 22.47 of the City of Clearwater Code of Ordinances relating to Parks, Beaches, and Recreation and pass Ordinance 8104-09 on first reading. 1B Attachments 10.4 Approve changes to the Marine and Aviation Department Business Plan to allow fuel to be sold at market rates (as stated in current Clearwater Code of Ordinance section 33.031) and authorize the transfer of $230,000 from General Fund reserves to the Marina Fund to cover cash deficits that have occurred in last fiscal year ending September 30, 2008 and the current fiscal year ending September 30, 2009. IB Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports 19 Attachments 12. Other Council Action 12.1 Other Council Action ID Attachments 13. Adjourn http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=317 10/20/2009 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 20, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City present: Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation Pastor Ken Link of Lakeview Baptist Church 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations 4.1 Service Awards One service award was presented to a city employee. 4.2 Diversity Leadership Council Poster Contest Award Council 2009-08-20 1 • • approve, or not, the allocation of density units. Discussion ensued. It was stated that concerns regarding height should have been raised during the development of Beach by Design. Councilmember George N. Cretekos moved to approve a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of 72 units from the Hotel Density Reserve under Beach by Design to property located at 101 and 105 Coronado Drive and 35 Devon Drive. The motion was duly seconded and carried unanimously. Resolution 09-23 was presented and read by title only. Vice-Mayor Paul Gibson moved to adopt Resolution 09-23. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. The Council recessed from 7:57 p.m. to 8:04 p.m. 7.4 Approve amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) At the City Council Work Session of July 13, 2009, concerns were raised pertaining to amendments to Community Development Code Section 3-601 concerning docks, as proposed in Ordinance 8043-09. This item was continued by the City Council at its July 16, 2009 meeting with the request that staff incorporate a maximum length limitation within the proposed amendments for docks. The ordinance has been revised to reflect the Council's recommendation. Major changes to Ordinance 8043-09 include: Docks, boatlifts and service catwalks Council 2009-08-20 • • that serve single-family or two-family dwellings: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.1.b). * Creates two-tier approach to deviations, including requirement that any request for deviation to the 250 foot maximum be considered by the Community Development Board, and only under certain conditions including environmental constraints (Section 3-601.C.1.g). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.1.g.iv). Commercial Docks: * Establishes maximum length of 250 feet and limits the distance tie poles can project beyond docks (Section 3-601.C.3.h.ii). * Includes additional requirements for deviation requests, such as incorporating language similar to the County's variance criteria (Section 3-601-C.3.i). * Exempts properties on the east side of Clearwater Harbor adjacent to the mainland from certain deviation limits because of shallow water depths in the area (Section 3-601-C.3.i.vi). The Community Development Board will review the proposed amendments at its regularly scheduled meeting of August 18, 2009 and make a recommendation to the Council. The Planning Department will report the recommendation at the City Council meeting. In response to questions, Assistant Planning Director Gina Clayton said no additional amendments were made regarding tie poles. Ms. Clayton reviewed documented capacity for parking facilities. Assistant City Attorney Leslie Dougall Sides said while the city is not preempted from banning commercial docks there could be legal consequences as upland property owners have riparian rights to use adjacent water, which includes the right to boat and build a dock. It was suggested commercial docks be required to be 20% from the property line. "Ayes": Councilmember John Doran moved to remove "documented capacity" in regard to parking in the ordinance. The motion was duly seconded and upon vote being taken: Councilmember John Doran. "Nays": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Council 2009-08-20 9 • • Cretekos, and Councilmember Carlen Petersen. Motion failed. Councilmember George N. Cretekos moved to amend Ordinance 8043-09 by adding Section 3-601.c.3.h - "Commercial Docks." The motion was duly seconded and carried unanimously. Vice-Mayor Paul Gibson moved to approved Item 7.4, as amended. The motion was duly seconded and carried unanimously. Ordinance 8043-09 was presented for first reading as amended and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8043-09, as amended, on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. "Nays": None. 7.5 Continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. (LUZ2009-06001) Councilmember John Doran moved to continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. The motion was duly seconded and carried unanimously. 7.6 Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) Council 2009-08-20 10 • The meeting was adjourned at 11:42 p.m. • w Mayor City of Clearwater Attest 6za'- - City rk Council 2009-08-20 19 NovusAGENDA is 0 Page 1 of 4 City Council Agenda Location: Council Chambers - City Hall Date: 8/20/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Service Awards 19 Attachments 4.2 Diversity Leadership Council Poster Contest Award l Attachments 4.3 ESGR presenting Clearwater Police Department Chief Klein with award. 0 Attachments 4.4 Presentation by Chamber of Commerce - Tourism Year in Review 0 Attachments 4.5 US Coast Guard Presentation ID Attachments 4.6 Clearwater in Space Day Proclamation 15 Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 6, 2009 City Council Meeting as submitted in written http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=315 10/20/2009 NovusAGENDA 0 summation by the City Clerk. ID Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings Page 2 of 4 - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the applicant's request to vacate the East 5-feet of a 10-foot drainage easement lying along the west property line of Lot 5, Block "V", Hibiscus Gardens subdivision, (AKA 1221 Turner Street) and pass Ordinance Number 8085-09 on first reading, (VAC2009-04 Norman L. Kirkland, Jr., Trustee). 2 Attachments 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2141 Alemanda Drive (Lot 93, Sunset Gardens in Section 24, Township 29 South, Range 15 East); and Pass Ordinances 8081-09, 8082-09 and 8083-09 on first reading.(ANX2009- 06009) D Attachments 7.3 Approve Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and adopt Resolution 09-23. 0 Attachments 7.4 Approve amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009-01002) ID Attachments 7.5 Continue Public Hearing and First Reading of Land Use Ordinances for 2337 Gulf to Bay Blvd. to September 17, 2009. (LUZ2009-06001) (D Attachments 7.6 Continue to September 17, 2009 the first reading of Ordinance 8044-09. Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight accommodations in the Commercial and Tourist Districts. (TA2009-01004) 0 Attachments 8. Second Readings - Public Hearing http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=315 10/20/2009 NovusAGENDA 0 0 Page 3 of 4 8.1 Adopt Ordinance No. 8087-09 on second reading, amending Section 2.263(1), Clearwater Code of Ordinances to provide for no salary increases for the Mayor and Councilmembers in 2010. ID Attachments City Manager Reports 9. Consent Agenda 9.1 Approve letter for Mayor's signature for Clearwater Regional Chamber of Commerce's Clearwater City Map project. (consent) L5-- Attachments 9.2 Approve the Extension of Fire Protection Services Agreement between Pinellas County Fire Protection Authority and City of Clearwater for one year extending until September 30, 2010. (consent) 0 Attachments 9.3 Award a contract for utility rate study and other professional services for the five year period ending August 31, 2014 for the Water and Sewer, Stormwater, Solid Waste and Recycling utilities to Burton and Associates, Inc. of St. Augustine, Florida for a not-to-exceed amount of $335,000, and authorize appropriate officials to execute same. (consent) 15 Attachments 9.4 Grant and convey to Florida Power Corporation doing business as Progress Energy Florida, Inc., a Florida corporation ("Grantee"), non-exclusive blanket authority 5-feet each side of Grantee's facilities to be installed at mutually agreeable locations over, across and through a tract of land lying within Section 11, Township 29 South, Range 15 East, as more particularly described therein, and authorize appropriate officials to execute same. (consent) 1B Attachments 9.5 Accept a 208.590 square foot Drainage and Utility Easement conveyed by Joseph Siciliano, a single man, over, under across and through a portion of the Northeast 1/4 of the Northwest 1/4 of Section 7, Township 29 South, Range 16 East, given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 0 Attachments 9.6 Authorize additional funds to Bricklemyer, Smolker and Bolves, P.A., for continued representation of the City in several inverse condemnation litigation cases arising from the construction related to the "Beachwalk Project", in the amount of $75,000. (consent) S Attachments 10. Other Items on City Manager Reports 10.1 Amend Chapter 32 as related to reclaimed water availability fee parameters and exemptions and incentives for well, lake or pond irrigation systems in specified areas and pass Ordinance 8086-09 on first reading. S Attachments 10.2 Approve dedicating a 0.606 acre parcel of land between Jones Street and Georgia Street in the Southwest 1/4 of the Southeast 1/4 of Section 9, Township 29 South, Range 15 East, as "North Osceola Avenue," authorize the appropriate officials to execute same and adopt Resolution 09-29. http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=315 10/20/2009 NovusAGENDA is iB Attachments Miscellaneous Reports and Items • Page 4 of 4 11. City Attorney Reports 11.1 Amend Chapter 22, Code of Ordinances, to allow for certain informal recreational activities in non-designated areas and pass Ordinance 8097-09 on first reading. lB Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports ID Attachments 13. Council Discussion Items 13.1 Skateboarding Recommendations 0 Attachments 13.2 Direction regarding FY2009-10 Budget 13 Attachments 14. Other Council Action 14.1 Other Council Action 15 Attachments 15. Adjourn http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=315 10/20/2009 • CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER July 16, 2009 Present: Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember George N. Cretekos, Councilmember John Doran, and Councilmember Carlen Petersen. Also William B. Horne II - City Manager, Jill S. Silverboard - Assistant City present: Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Cynthia E. Goudeau - City Clerk, and Rosemarie Call - Management Analyst. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. 1. Call to Order The Mayor called the meeting to order at 6:00 p.m. at City Hall. 2. Invocation - Pastor Anthony Ballestero of New Destiny Worship 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations 4.1 Branch Post Offices Update - Postmaster Bill Bishoff In response to questions, Postmaster Bill Bishoff said a list regarding potential closures has yet to be published. The public will have a 2-week opportunity to comment on Council 2009-07-16 1 • • "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Ordinance 8072-09 was presented for first reading and read by title only. Councilmember Vice-Mayor Paul Gibson moved to pass Ordinance 8072-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Ordinance 8073-09 was presented for first reading and read by title only. Councilmember Carlen Petersen moved to pass Ordinance 8073-09 on first reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 7.4 Continue until August 6, 2009 the approval of amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009- 01002) It was stated that Council directed staff at Monday's work session to implement changes to the proposed ordinance and continue first reading. It was noted the item needs to be continued to August 20 in order to process the changes. Two individuals opposed additional commercial docks on Sand Key. Council 2009-07-16 • • Councilmember John Doran moved to continue Item 7.4 to August 20, 2009. The motion was duly seconded and carried unanimously. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7909-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from business (B) to tourist M. Ordinance 7909-08 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 7909-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. 8.2 Adopt Ordinance No. 7999-08 on third reading, making amendments to the Community Development Code by amending Section 2-902, Flexible Standard Development, Table 2-903 to add a footnote allowing a reduced parking requirement for changes of use within the Downtown (D) District where there are no existing parking spaces or available land for their construction: certifying consistency with the City's Comprehensive Plan and proper advertisement and providing for severability. Ordinance 7999-08 was presented for third reading and read by title only. Councilmember George N. Cretekos moved to adopt Ordinance 7999-08 on third and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Gibson, Petersen, Doran, Cretekos, and Hibbard. "Nays": None. Council 2009-07-16 9 ?J • INC.; URS CORPORATION; and VANUS, INC. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items 11. Council Discussion Items -None 12. Other Council Action 12.1 Other Council Action Vice-Mayor Paul Gibson said the PSTA has money for the Jolley Trolley and expects the full proposal to come forward soon. Consensus to appropriate $150,000 from parking fund for Jolley Trolley. Councilmembers reported on events in which they recently participated, reviewed upcoming events and thanked all those who attended and participated in the meeting. Mayor Frank Hibbard offered condolences to survivors of George Mallory, Don Harrison and John Wiser. Ad ours The meeting was adjourned at 10:04 p.m. Azzt Mayor City of Clearwater Council M09-07-16 19 NovusAGENDA . Page 1 of 5 City Council Agenda Location: Council Chambers - City Hall Date: 7116/2009- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 Branch Post Offices Update - Postmaster Bill Bishoff 19 Attachments 4.2 WiFi Hotspots - Brighthouse Attachments 4.3 Clearwater Housing Authority Quarterly Update - Bob Aude, Chair 15 Attachments 4.4 Clearwater Veterans Alliance -Bob Swick, President - 1st Annual Flag Day Ceremony Award ID Attachments 4.5 Presentation of Sportsmanship Awards. ID Attachments 5. Approval of Minutes 5.1 Approve the minutes of the June 18, 2009 City Council Meeting as submitted in written summation by the City Clerk. ID Attachments http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=310 10/20/2009 NovusAGENDA is 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings 0 Page 2 of 5 - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Amend the City's Local Housing Assistance Plan for State Housing Initiatives Partnership Program (SHIP) Fiscal Years 2009-2012 to add a new state required affordable housing strategy known as the Florida Homebuyer Opportunity Program, supporting the first time homebuyer $8,000.00 tax credit through the American Recovery and Reinvestment Act of 2009 and adopt Resolution 09-28. 15 Attachments 7.2 Approve the City of Clearwater's Fiscal Year 2009-10 Consolidated Action Plan, to carry forward the goals and objectives set forth in the Plan, as required by HUD, and authorize the City to enter into agreements with organizations contained in the FY09-10 Consolidated Action Plan. ID Attachments 7.3 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 2383 Dora Drive (Lot 13, Rolling Heights in Section 7, Township 29 South, Range 16 East); and pass Ordinances 8071-09, 8072-09 and 8073-09 on first reading.(ANX2009-04008) 121 Attachments 7.4 Continue until August 6, 2009 the approval of amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and to address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transfer of development rights, and pass Ordinance 8043-09 on first reading. (TA2009- 01002) 15 Attachments 8. Second Readings - Public Hearing 8.1 Adopt Ordinance 7909-08 on second reading, amending the Zoning Atlas of the city by rezoning certain property whose post office address is 1241, 1261 and 1281 Gulf Boulevard, from business (B) to tourist (T). 121 Attachments 8.2 Adopt Ordinance No. 7999-08 on third reading, making amendments to the Community Development Code by amending Section 2-902, "Flexible Standard Development," "Table 2- 903" to add a footnote allowing a reduced parking requirement for changes of use within the Downtown (D) District where there are no existing parking spaces or available land for their construction; certifying consistency with the City's Comprehensive Plan and proper http://www.myclearwater.com/muniagenda/MeetingView.aspx?MeetingID=310 10/20/2009 • E COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER August 18, 2009 Present: Nicholas C. Fritsch Jordan Behar Frank L. Dame Doreen DiPolito Richard Adelson Brian A. Barker Norma R. Carlough Absent: Also Present Thomas Coates Gina Grimes Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Chair Board Member Board Member Board Member Board Member Board Member Acting Board Member Vice Chair Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: July 21, 2009 Member Behar moved to approve the minutes of the regular Community Development Board meeting of July 21, 2009, as recorded and submitted in written summation to each board member. The motion was duly seconded and carried unanimously. D. CONTINUED ITEMS: (Items 1-2) 1. Case: APP2009-00002 -1520 McMullen-Booth Road Owner: Goral Tov, Ltd. Appellant: Todd Pressman Agent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727-804-1760; fax: 1-888-977-1179) Location: 20.169 acres located at the southwest corner of McMullen-Booth Road and State Road 590 Atlas Page: 274A Zoning: Commercial (C) District Request: An appeal from a Level One (Comprehensive Sign Program) approval decision pursuant to Community Development Code Section 4-502.A, that the requested additional attached sign as a Comprehensive Sign Program is inconsistent with the Non-Residential Attached Sign review principles as set forth in Community Development Code Sections 3- 1806. B.3.a. i and ii; and the Comprehensive Sign Program review principles as set forth in Community Development Code Sections 3-1807.C.1.a and b Community Development 2009-08-18 • • E. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring property owners, etc. and will be approved by a single vote: (Item 1) 1. Case: LUZ2009-06001 - 2337 Gulf-to-Bay Boulevard Level Three Application Owner/Applicant: Lokey Oldsmobile, Inc. Agent: E.D. Armstrong III, Esquire and Johnson, Pope, Bokor, Ruppel & Bums, LLP (PO Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365 Location: 0.613 acre located on the south side of Gulf-to-Bay Boulevard approximately 1,090 feet west of Edenville Avenue Atlas Page: 299A Zoning: Mobile Home Park (MHP) District Request: 1) Future Land Use Plan amendment approval for one parcel located at 2337 Gulf-to- Bay Boulevard (Parcel Number 18-29-16-00000-310-0710), to change from Residential Medium (RM) category to Commercial General(CG) category; and 2) Zoning Atlas amendment approval to change from Mobile Home Park (MHP) District to Commercial (C) District under the provisions of Section 4-602 and Section 4-603 Proposed Use: Vehicle Sales/Display Neighborhood Association: Clearwater Neighborhoods Coalition Presenter. Cate Lee, Planner II See Exhibit: Staff Report LUZ2009-06001 2009-08-18. Member Behar moved to approve Case LUZ2009-06001 on today's Consent Agenda based on evidence in the record, including the application and the Staff Report, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report, with conditions of approval as listed. The motion was duly seconded and carried unanimously. F. LEVEL THREE APPLICATIONS: (Item 1) 1. Level Three Application Case: TA2009-01002 Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department Request: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transferred development rights Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Lauren Matzke, Planner III See Exhibit: Staff Report TA2009-01002 2009-08-18. Ms. Clayton reviewed amendments related to docks. Staff presented CDB (Community Development Board) recommendations to the City Council, which then requested additional CDB input related to docks. Harbormaster Bill Morris reported that reflective tape is required on docks and on tie poles, which must be outside navigation channels. Tie poles are difficult to light. Community Development 2009-08-18 4 0 0 Discussion ensued. Concerns were expressed that amendments do not establish parking spaces for compact cars. nor reduce additional width requirements for spaces abutting walls or columns. Ms. Clayton said the next Code rewrite will limit to 48 inches the height of fences and landscaping in sight triangles on waterfront properties. Member Dame moved to recommend approval of Case TA2009-01002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report with a recommendation regarding Ordinance 8043-09 to strike parking requirement five on page 32, which requires one-foot of additional width for parking spaces that abut a wall or a column. The motion was duly seconded and carried unanimously. F. DIRECTOR'S ITEM: (Item 1) Historic Designation Process Ms. Clayton reported in September, the CDB will consider its first case related to the historic designation process. G. ADJOURN The meeting adjourned at 3:03 p.m. Ch 'r Community Development Board Attest: Board Reporter Community Development 2009-08-18 5 Community Dev. Bd. is ® Page 1 of 2 Agenda Date: 08/18/2009-1:00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-5624090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. A. CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch Vice Chair Coates Members Adelson Barker Behar Dame, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: July 18, 2009. D. CONTINUED ITEMS (Items 1-2): 2. Case: APP2009-00002 - 1520 McMullen-Booth Road Owner: Goral Tov, Ltd. Appellant: Todd Pressman. Agent: Todd Pressman (P.O. Box 6015, Palm Harbor, FL 34684; phone: 727-804-1760; fax: 1-888-977-1179). Location: 20.169 acres located at the southwest corner of McMullen-Booth Road and State Road 590. Atlas Page: 274A. Zoning: Commercial Q District. Request: An appeal from a Level One (Comprehensive Sign Program) approval decision pursuant to Community Development Code Section 4- 502.A, that the requested additional attached sign as a Comprehensive Sign Program is inconsistent with the Non-Residential Attached Sign review principles as set forth in Community Development Code Sections 3-1806.B.3.a.i and ii; and the Comprehensive Sign Program review principles as set forth in Community Development Code Sections 3-1807.C.1.a and b. Existing Use: Retail Sales and Services. Neighborhood Association (s): Clearwater Neighborhoods Coalition; and Del Oro Groves Estates. Presenter: Matthew Jackson, Planner II. Case: TA2009-01004 Amendments to the Community Development Code Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to create a new Resort Attached Dwellings use in the Tourist District, and to establish criteria addressing accessory uses for overnight http://clearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1468 10/20/2009 Community Dev. Bd. is 0 Page 2 of 2 accommodations in the Commercial and Tourist Districts. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner III. E. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring Droperty owners, etc. and will be approved by a single vote at the beginning of the meeting (Item 1): 1. Case: LUZ2009-06001 - 2337 Gulf-to-Bay Boulevard Level Three Application Owner/Applicant: Lokey Oldsmobile, Inc. Agent: E.D. Armstrong III, Esquire and Johnson, Pope, Bokor, Ruppel & Burns, LLP (PO Box 1368, Clearwater, FL 33757; phone: 727-461-1818; fax: 727-462-0365. Location: 0.613 acres located on the south side of Gulf-to-Bay Boulevard approximately 1,090 feet west of Edenville Avenue. Atlas Page: 299A. Zoning: Mobile Home Park (MHP) District. Request: 1) Future Land Use Plan amendment approval for one parcel located at 2337 Gulf to Bay Boulevard (Parcel Number 18-29-16-00000-310-0710), to change from Residential Medium (RM) category to Commercial General(CG) category; and 2) Zoning Atlas amendment approval to change from Mobile Home Park (MHP) District to Commercial (C) District under the provisions of Section 4-602 and Section 4-603. Proposed Use: Vehicle Sales/Display. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Cate Lee, Planner II. F. LEVEL THREE APPLICATION (Item 1): Case: TA2009-01002 Amendments to the Communitv Development Code Level Three Application Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages off-street loading and vehicle stacking paces, hearing officer appeals, and transferred development rights. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner III. G. DIRECTOR'S ITEM (Item 1): Historic Designation Process H. ADJOURNMENT http://clearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1468 10/20/2009 NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1- 109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2-201.1, 2-301.1, 2- 401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2-1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D IN ITS ENTIRETY, AND AMENDING SUBSECTION 2-1403.6, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, 'ZONING DISTRICTS', SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.6 IN ITS ENTIRETY; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-601, "DOCKS", TO ESTABLISH MAXIMUM LENGTH STANDARDS FOR NEW DOCKS AND TIE POLES, AND TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3- 1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.13, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4- 505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4- 1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, August 18, 2009 before the Community Development Board, at 1:00 p.m. Thursday, August 20, 2009 before the City Council (1s Reading), at 6:00 p.m. Thursday, September 3, 2009 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. TA2009-01002 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 P.O. Box 4748 Clearwater, Fl 33758-4748 Cynthia E. Goudeau, MMC City Clerk Ad: 08/06/09 & 08/22/09 Pinellas County Board of County Commissioners 315 Court Street, 5th Floor Clearwater, FL 33756 TA2009-01002 Clearwater Neighborhood Assoc. Shelly Kuroghlian, President 1821 Springwood Circle S Clearwater, FL 33763 0 0 0 COMMUNITY DEVELOPMENT BOARD MEETING MINUTES CITY OF CLEARWATER June 16, 2009 Present: Nicholas C. Fritsch Thomas Coates Jordan Behar Frank L. Dame Doreen DiPolito Brian A. Barker Norma R. Carlough Absent: Also Present: Richard Adelson Moms Massey Leslie Dougall-Sides Michael L. Delk Gina Clayton Patricia O. Sullivan Chair Vice Chair Board Member Board Member Board Member Board Member Acting Board Member Board Member Attorney for the Board Assistant City Attorney Planning Director Assistant Planning Director Board Reporter The Chair called the meeting to order at 1:00 p.m. at City Hall, followed by the Invocation and Pledge of Allegiance. To provide continuity for research, items are in agenda order although not necessarily discussed in that order. C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 19, 2009 Regarding the vote for Case FLD2009-02007 on page 7 of the May 19, 2009 minutes, it was stated that Chair Fritsch had voted "Nay." Member Dame moved to approve the minutes of the regular Community Development Board meeting of May 19, 2009, as corrected. The motion was duly seconded and carried unanimously. LEVEL TWO APPLICATION: (1 Item) Community Development 2009-06-16 • • 1. Level Three Application Case: DVA2008-00003 - 20 Kendall Street (Related to FLD2008-00003) Owner/Applicant: Panorama on Clearwater Beach, LLC and Evangeline P. Samarkos, as Trustee of the Evangeline P. Samarkos Revocable Trust UAD 3/27/06, Michael A. Samarkos, Victoria Harkey 106 Midway Island, Clearwater Beach, FL 33767-2313. Agent: Ed Hooper, Consus Group, LLC (P.O. Box 4268, Clearwater, FL 33758; phone: 727-458-4751; fax: 727-461-4942). Location: 0.60 acre is located between the south side of Avalon Street and the north side of Kendall Street approximately 150 feet west of Mandalay Avenue. Atlas Page: 258A. Zoning: Tourist (T) District. Request: Review of, and recommendation to the City Council, of a Development Agreement between Panorama on Clearwater Beach, Evangeline P. Samarkos - Trustee, Michael A. Samarkos and Victoria Harkey (property owners) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. Proposed Use: Overnight accommodation use of a total of 88 rooms (150 rooms/acre on total site, including the allocation of 58 units from the Hotel Density Reserve) and approximately 1,482 square feet (1.07 FAR on total site) of amenities accessory to the hotel at a height of 72 feet (to roof deck) and 86.5 feet (to elevator equipment). Neighborhood Association(s): Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter. A. Scott Kurleman, Planner III. See Exhibit: Staff Report Case DVA2008-00003 2009-06-16. Mr. Tefft reviewed the staff report. Fractional ownership allows stays up to one month or less. Mr. Hooper said agreement language is boilerplate. One person spoke in opposition to the development agreement. Member Dame moved to recommend approval of Case DVA2008-00003 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopts the Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded. Members Coates, Behar, Dame, DiPolito, and Barker and Chad Fritsch voted "Aye"; Acting Member Carlough voted "Nay." Motion carried. 2. Level Three Application Case: TA2009-01002 Amendments to the Community Development Code Applicant: City of Clearwater, Planning Department. Request: Amendments to the Community Development Code to bring consistency between the Countywide Plan Rules and the Community Development Code, and address off-street parking for overnight accommodations in the Tourist District, docks, site visibility triangles, site lighting, design standards for parking lots and parking garages, off-street loading and vehicle stacking spaces, hearing officer appeals, and transferred development rights. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner III. Community Development 2009-06-16 • C? See Exhibits: Staff Report Case: TA2009-01002 2009-06-16, Code Issues Case: TA2009-01002 2009-06-16, and Additional Amendments Case: TA2009-01002 2009-06-16. Planner III Lauren Matzke reviewed the Staff Report, including new parking requirements. She submitted a memorandum regarding minor amendments necessary to meet consistency with PPC (Pinellas Planning Council) review. It was stated that some residents think dock construction is afforded too much flexibility. It was recommended that instead of the Coordinator, the CDB should consider approval of dock requests when neighbors on both sides object to deviations. Assistant City Attorney Leslie Dougall-Sides said this procedure has been in the Code since 1999. Assistant Planning Director Gina Clayton said docks are approved through the DRC (Development Review Committee) process; the Coordinator is not the sole determiner. Neighbors can participate. Neighborhood feuds sometimes influence objections. . In response to a concem that deviations up to 50% of a dock's allowable length would be allowed, Ms. Clayton said this change reduces maximum dock lengths and establishes a cap; deviations are not a right. Mr. Delk said not all people request the maximum length. It was felt that people will try to construct to the maximum length if a specific number is established. Discussion ensued with a suggestion that deviations should be halved and comments that flexibility is necessary to meet differing situations, such as sea grass protection or underwater topography. In response to a suggestion that the CDB hear appeals to DRC decisions, concerns were expressed that neighbors would have no standing to appeal and the CDB is limited to determining if the Coordinator followed the rules. Ms. Clayton said neighbors who participate in the DRC process can appeal. In response to a question regarding commercial docks where language subordinates the current use, Ms. Clayton said previous language, "hinder or discourage," was vague and difficult to administer. Staff prefers the word "preclude." It was recommended that the City retain current County language. Marine & Aviation Department Director Bill Morris said the County approves all boat dock permits and can overrule City recommendations. Proposed language addresses dock lengths in water bodies historically used for sailing, canoeing, etc. and increases the size of commercial docks to correspond with larger buildings and consolidated properties. Ms. Clayton said changes clarify that approval of deviations must be based on recreation activity areas, navigation issues, marine environment impacts, or water quality. The City is trying to be more restrictive than the County. It was requested that the MAB (Marine Advisory Board) review these dock issues and make recommendations. Mr. Delk said the City does not issue permits for plants nor has the ability to inspect back yards for sight triangle obstructions on waterfront property. Staff does stamp site plans with information that foliage cannot be planted on the rear 20 feet of waterfront property. The City has no enforcement mechanism but deals with regulatory issues as they come to light. It was noted that numerous violations to the sight triangle requirement exist: it was felt the Code is ineffective and frivolous if it includes unenforceable regulations. Attorney Dougall-Sides said the City takes action when a complaint is received and can show that something was planted. It was stated it is hard to prove that a plant, which grows, was not previously there. It was noted that the Code protects waterfront views on land but not at docks, where 100-foot boats can be berthed. Mr. Delk said the City cannot preclude boat lengths. Community Development 2009-06-16 recreational boaters, not commercial uses, which carry multiple passengers who park multiple vehicles. Concern was expressed that proposed language enlarges parking garage spaces, adding a foot of width to spaces next to walls or columns. As cars are getting smaller, it was recommended that compact spaces be permitted rather than demanding additional width. Assistant Engineering Director Scott Rice said changes are designed to make public parking garages easy to use and as efficient as possible; currently there are few regulations. It was felt that wider spaces in public parking garages are not necessary. It was stated if columns interfere with vehicle doors, poor planning would be the cause. Member Coates moved to recommend approval of Case TA2009-01002 based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Findings of Fact and Conclusions of Law stated in the Staff Report except that amendments related to waterfront sight triangles, parking garages, and docks are to be removed from the ordinance for further study by City staff and Marine Advisory Board input regarding docks would be appreciated; these amendments are to be resubmitted to the CDB in the future for recommendations. The motion was duly seconded and carried unanimously. F. ADJOURN The meeting adjourned at 2:46 p.m. Cha Community Development Board Community Development 2009-06-16 8 Community Dev. Bd. • Page 1 of 1 Agenda Date: 06/16/2009- 1:00 PM Location: Council Chambers - City Hall Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. A. CALL TO ORDER INVOCATION, PLEDGE OF ALLEGIANCE B. ROLL CALL: Chair Fritsch, Vice Chair Coates, Members Adelson, Barker, Behar, Dame, DiPolito, Alternate Member Carlough, City Staff C. APPROVAL OF MINUTES OF PREVIOUS MEETING: May 19, 2009. D. LEVEL TWO APPLICATION (Item 1): 1. Case: FLD2008-12034 - 20 Kendall Street (Related to DVA2008-00003) Level Two Application E. LEVEL THREE APPLICATIONS (Items 1-2): 1. Case: DVA2008-00003 - 20 Kendall Street (Related to FLD2008-00003) Level Three Application 86.5 feet (to elevator equipment). 2. Case: TA2009-01002 Amendments to the Community Development Code Level Three Application F. ADJOURNMENT http://clearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1363 10/20/2009 i • NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 8043-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 1, "GENERAL PROVISIONS", BY ADDING A NEW SUBSECTION 1- 109.D TO PROVIDE FOR CONSISTENCY BETWEEN THE ZONING ATLAS AND THE FUTURE LAND USE PLAN AND COUNTYWIDE LAND USE PLAN MAP; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-101.1, 2-201.1, 2-301.1, 2- 401.1, 2-501.1, 2-601.1, 2-701.1, 2-801.1, 2-901.1, 2-1001.1, 2-1201.1, 2-1301.1, 2-1303.D, 2-1401.1, AND 2-1501.1, "MAXIMUM DEVELOPMENT POTENTIAL", TO PROVIDE FURTHER CONSISTENCY WITH THE RULES CONCERNING THE ADMINISTRATION OF THE COUNTYWIDE FUTURE LAND USE PLAN, AS AMENDED FROM TIME TO TIME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2- 803, "TABLE 2-803" TO MODIFY THE OFF-STREET PARKING REQUIREMENTS FOR OVERNIGHT ACCOMMODATIONS, AND AMENDING SUBSECTION 2-803.1, "OVERNIGHT ACCOMMODATIONS", TO MODIFY THE FLEXIBILITY CRITERIA FOR SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1203, "TABLE 2-1203", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE AND TO DELETE SUBSECTION 2-1203.G., "OUTDOOR RECREATION/ ENTERTAINMENT" IN ITS ENTIRETY; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTIONS 2-1302, "TABLE 2-1302", AND 2-1303, "TABLE 2-1303", TO LIMIT MANUFACTURING AND TO UPDATE THE SIZE RESTRICTIONS ON RESTAURANTS IN THE INDUSTRIAL LIMITED LAND USE PLAN MAP CATEGORY, AND TO LIMIT OFFICE AND VEHICLE SERVICE USES IN THE INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORY, AND TO LIMIT VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND VEHICLE SERVICE USES IN THE INDUSTRIAL LIMITED AND INDUSTRIAL GENERAL LAND USE PLAN MAP CATEGORIES, AND TO UPDATE THE SIZE RESTRICTIONS ON UTILITY/INFRASTRUCTURE USES, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2- 1403, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1403", TO REMOVE THE PUBLIC TRANSPORTATION FACILITIES USE, AND DELETING SUBSECTION 2-1403.D. IN ITS ENTIRETY, AND AMENDING SUBSECTION 2- 1403.6, "OUTDOOR RECREATION/ ENTERTAINMENT", TO MODIFY THE FLEXIBILITY CRITERIA FOR THE SAME; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-1502, "FLEXIBLE STANDARD DEVELOPMENT", "TABLE 2-1502", TO REMOVE THE OUTDOOR RECREATION/ENTERTAINMENT USE, AND DELETING SUBSECTION 2-1502.B. IN ITS ENTIRETY; BY AMENDING ARTICLE 3;'"DEVELOPMENT STANDARDS", SECTION 3- 601, "DOCKS", TO CREATE ADDITIONAL REQUIREMENTS FOR DEVIATIONS, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-902, "COMPREHENSIVE PLAN DENSITIES/INTENSITIES", TO FURTHER RESTRICT THE USE OF SUBMERGED LANDS IN CALCULATIONS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-904, "SIGHT VISIBILITY TRIANGLE", TO MAKE CONSISTENT THE APPLICATION OF SIGHT VISIBILITY TRIANGLE REQUIREMENTS AND TO REPLACE EXISTING GRAPHICS; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-907, "VEGETATIVE BUFFER ADJACENT TO PRESERVATION DISTRICT OR JURISDICTIONAL WETLANDS", TO RENAME THE SECTION, AND AMENDING THE BUFFERING REQUIREMENTS FOR LANDS LOCATED ADJACENT TO TRANSPORTATION/UTILITY FUTURE LAND USE CATEGORY, AND MAKING MINOR EDITORIAL CHANGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SECTION 3-1302, "SITE LIGHTING", TO REPLACE EXISTING GRAPHICS, AND TO ELIMINATE SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" IN ITS ENTIRETY, AND ADOPT A NEW SUBSECTION 3-1302.D, "SEA TURTLE NESTING AREAS" SETTING FORTH PROVISIONS FOR LIGHTING STANDARDS ON CLEARWATER BEACH AND SAND KEY, AND MAKING MINOR EDITORIAL CHANGES ; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1402.1, TO EXPAND THE DESIGN REQUIREMENTS FOR PARKING GARAGES; BY AMENDING ARTICLE 3, "DEVELOPMENT STANDARDS", SUBSECTION 3-1406.6, TO ELIMINATE MINIMUM DISTANCE STANDARDS BETWEEN RIGHTS-OF-WAY AND THE FIRST PARKING SPACE OR AISLEWAY IN A PARKING LOT; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-505, "HEARING OFFICER APPEALS", TO UPDATE THE METHOD OF RECORDING FROM THE COMMUNITY DEVELOPMENT BOARD MEETINGS AND TO CHANGE TIME PERIOD FOR FILING MOTIONS TO SUPPLEMENT THE RECORD; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND 0 0 OTHER PROCEDURES", SECTION 4-1402, "ALLOCATED DEVELOPMENT RIGHTS ARE FREELY TRANSFERABLE", TO ADDRESS DENSITY, INTENSITY AND CONSISTENCY WITH THE COUNTYWIDE PLAN MAP AND RULES; BY AMENDING ARTICLE 4, "DEVELOPMENT REVIEW AND OTHER PROCEDURES", SECTION 4-1403, "USE OF TRANSFERRED DEVELOPMENT RIGHTS", TO ESTABLISH ADDITIONAL CRITERIA FOR TRANSFERRED DEVELOPMENT RIGHTS; BY AMENDING SECTION 8-102, "DEFINITIONS", BY MODIFYING THE DEFINITIONS FOR FLOOR AREA RATIO, RETAIL SALES AND SERVICES AND VEHICLE SALES/DISPLAYS, AND ADDING DEFINITIONS FOR BEACH ACCESS POINT, CLEARWATER BEACH, DEFLECTED LIGHT, GROSS LAND AREA, AND SAND KEY; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE, The proposed ordinance will affect the land area shown on the map in this advertisement: (INSERT MAP HERE) Schedule of Public Hearings: Tuesday, June 16, 2009 before the Community Development Board, at 1:00 p.m. Thursday, July 16, 2009 before the City Council (15' Reading), at 6:00 p.m. Thursday, August 6, 2009 before the City Council (2nd Reading), at 6:00 p.m. All public hearings on the ordinances will be held in the City Council Chambers, in City Hall, 3rd floor, 112 South Osceola Ave, Clearwater, Florida. TA2009-01002 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 P.O. Box 4748 Clearwater, FI 33758-4748 Cynthia E. Goudeau, MMC City Clerk Ad: 06/06/09 & 07/24109 • { jo\ j f' /1 8 SR 60 c ' ^ 0 • ;oalition of Clearwater iomeowners '.O. Box 8204 ;learwater, FL 33758 • ragnnc)-m nng Board of County Commissioners 315 Court Street 5th Floor Clearwater, FL 33756 •