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TA2009-010040 0 Case: TA2009-01004 Ordinance Number: TA2009-01004 Agenda Item: D2 ORDINANCE NO. 8044-09 FINAL AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS°, SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: -1- Ordinance No. 8044-09 0 • Section 1. 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.Ca ones LDR LMDR MDR MHDR HDR MHP C 'T` D' ` O I IRT OSR P: RNCOD IENCOD Residential - - Accessory dwellings x X X X X X Attached dwelling s 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 .,..,:Non.iestdential Adult uses x X Airport X Alcoholic beverage sales x X X 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 Outdoor retail sales, display and/or storage X X -2- Ordinance No. 8044-09 Overnight accommodations X X X X X X X X Parkin ara es and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of 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 Research and technology use X Residential shelters X X X Resort Attached Dwellin s 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 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/dis la s X X ehicle 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/distribution/warehouse facility X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. Flexibility criteria: -3- Ordinance No. 8044-09 M. Overnight accommodations. 7. Accessory uses. a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-7041, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. 8. Accessory uses: a. Accessory uses must be incidental, subordinate. and customarily accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. Siqnage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 Section 4. 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: Maximum Maximum Floor Area Ratio/ Maximum Overnight Countywide Felling Impervious Surface Ratio Accommodations Future Land Units/Resort Units Per Acre ' Use Attached Felling Units Overnight Overnight N R d l Designation A d i A d i on- esi entia Base l i per Acre of ccommo at ons ccommo at ons Uses ve A ternat Land (Base) (Alternative) FAR 2.0/1SR .95 Less than one acre: 70 Between one Resort Facilities 30 dwelling FAR 1.OASR.95 FAR 3.0/ISR.95 FAR LOASR 95 50 acre and three acres: High units per acre . 90 Greater than FAR 4.0/ISR.95 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 5. 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: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -5- Ordinance No. 8044-09. 0 0 Table 2-802. "T" District Flexible Standard Development Standards Use Min. Lot Area Min. Lot Width Max. i? Heights Min. Setbacks (1) Density Min. Off-Street (s9. ft) (ft.) (j•) (f) parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre Alcoholic Beverage Sales 5,000 50 35 10 10 20 n/a 5 per 1,000 GFA 5 Attached Dwellings 10,000 100 35 -- 10- 10 10 - 30 2 Per unit 50 15 20 units/acre Governmental Uses (1) 10,000 100 35-- 10- 0-- 10- n/a 3-4/1 000 GFA 50 15 10 20 , Indoor Recreation/Entertainment 5,000 50 35 100 0--15 0 10 20 n/a 10 per 1,000 GFA Medical Clinic 10,000 100 30 50 ;05- 10 20 20 2--3/1,000 GFA Mixed Use 10,000 50- 35-- 0--15 0- 10- 30 Based upon use 100 50 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-- 10- 0- 10-- n/a 3-4 spaces per 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 5 000 50 35 10 10 20 n/a the community Recreation/Entertainment , 15 development director based on ITE Manual standards Overnight 20,000 100-- 35-- 10-- 0- 10-- 40 1.2 per unit Accommodations 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 10 n/a n/a 20 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a 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 -6- Ordinance No. 8044-09 • Resort Attached Dwellings 10.000 100 35--50 10--15 10 10--20 30 5 1 er unit - units/acre . p Restaurants 5,000-- 50-- 25-- 10-- 0-- 10- °/a 7-15 spaces per 10,000 100 35 15 10 20 1,000 GFA Retail Sales and Services 5,000- 50- 35- 10-- 0-- 10- n/a 4--5 spaces per . 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000- 50-- 35-- 10-- 0- 10-- 4-5 spaces per Center 10,000 100 50 15 10 20 n/a 1,000 GFA Utility/Infrastructure Facilities (4) n/a n/a n/a 25 10 10 n/a n/a (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. (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 6. That Article 2, "Zoning Districts", Division 8, "Tourist District (T")" subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development Flexibility criteria: K. Overnight accommodations. 10. Accessory uses: a. Accessory uses must be incidental subordinate and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use In no case shall more than 25% of the sign area be dedicated to the accessory uses d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the reauirements set forth in Sections 2-802.K. 10 a - c -7- Ordinance No. 8044-09 Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-fetter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. Flexibility criteria: 0. Resort attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved design and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance: C. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from outside of the development. PA. Restaurants. -8- Ordinance No. 8044-09 • Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Table 2-803", 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 7-803. "T" Flexible Development Standards Min. Min. Use (1) Lot Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off-Street Area Width (1) (ft.) t1/ (l.) (1) (ft) t?l (f > Parking (s9 ft) (f) 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 0-40 10-20 30 2 per unit 10,000 100 100 units/acre 2 spaces per attached dwelling unit and as determined by the 30 community Comprehensive lnfill n/a n/a n/a n/a n/a n/a units/acre; 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 1,000 Display , 100 GFA Marinas and Marina Facilities 5,000 50 25 10--15 0-40 10-20 n/a I space per 2 slips Mixed Use 5,000- 50- 35-- 0--15 0-40 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 5,000 50 ;50-0- 0--15 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 35 0 0--15 0--10 10--20 n/a 3--4 spaces per 1,000 0 GFA 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor Recreation/Entertainment 5,000 50 35 5--15 0-10 10--20 n/a community development coordinator based on ITE Manual standards Overnight 10,000- 100-- 35-- 40 Accommodations 20,000 150 100 0-45 0-10 0-20 rooms/acre 1-1.2 per unit Resort Attached 5.000-- 50-- 35- 30 Dwellings 10.000 100 100 015 0-10 10--20 units/acre 1.5 per unit -9- Ordinance No. 8044-09 Restaurants 5,000-- 50-- 25-- 0--15 0-10 10-20 n/a 7-45 spaces per 1,000 10,000 100 100 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 GFA 10,000 100 100 (1) Specific standards for the Old Florida District and the Marina District that supersede the aoove regu!auons arc sei ,urw III Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. Flexibility criteria: 1. Overnight accommodations. 11. Accessory Uses: a. Accessory uses must be incidental subordinate and customarily accessory to overnight accommodations; b Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project In proiects where the interior accessory uses exceed 15% of the building gross floor area all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. In addition to the requirements above for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 10% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density: ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design: iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site: iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the oroiect site: V. Determine the total floor area of all interior accessory uses exceeding 10% of the gross floor area of the proposed building: - 10- Ordinance No. 8044-09 0 • vi. Subtract the figure determined in v. from the total land area and divide this difference by 43.560 to determine the net acreage: vii. Multiply the net acreage derived in vi by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi by the base density and subtracting this product from the maximum number of rooms allowable for the proiect as determined in vii. d__ . Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use In no case shall more than 25% of the sign area be dedicated to the accessory uses e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-803.1.11.a - d. Section 10. 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 add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. Flexibility criteria: J. Resort attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Height: a. The increased height results in an improved site plan or improved design and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan more efficient parking or improved design and appearance -11- Ordinance No. 8044-09 5. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 15% of the building footprint. b. No signage shall be visible from outside of the development. KJ. Restaurants. Section 11. 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 8-142. Definitions. Dwellings, resort attached means a dwelling unit located in the Tourist M zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 Section 16. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING AS AMENDED PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: September 17, 2009 October 1, 2009 F ar nk V. Hibbard Mayor Attest: •U Leslie K. Dougall i es Assistant City Att ey -13- Ordinance No. 8044-09 I? AS amended 0 ORDINANCE NO. 8044-09 fuAln 31 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2,. "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: -1- Ordinance No. 8044-09 0 0 Section 1. 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 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 Outdoor retail sales, display and/or ,storage X x -2- Ordinance No. 8044-09 Overnight accommodations 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 Research and technology use X Residential shelters X X X Resort Attached Dwellings 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 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/distribution/warehouse facility X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. Flexibility criteria: *********** -3- Ordinance No. 8044-09 M. Overnight accommodations. *********** 7. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-7041, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** 8. Accessory uses: a. Accessorv uses must be incidental, subordinate. and customarilv accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parkinq shall be calculated by using the minimum off-street parkinq development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parkinq required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 0 0 Section 4. 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: Maximum Maximum Floor Area Ratio/ Maximum Overnight Countywide Felling Impervious Surface Ratio Accommodations Future Land Units/Resort Units Per Acre Use Attached Dwelling Units Overnight Overnight N d l Designation A d i A d on-Resi entia Base per Acre of ccommo at ons ccommo ations Uses Alternative Land (Base) (Alternative) FAR 2.0/ISR.95 Less than one acre: 70 Between one Resort Facilities 30 dwelling FAR 1.0/1SR.95 FAR 3.0/ISR.95 FAR 1 011SR 95 50 acre and three acres: High units per acre . . 90 Greater than FAR 4.0/ISR.95 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 5. 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: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -5- Ordinance No. 8044-09 • Table 2-802. "T" District Flexible Standard Development Standards (?) Min. Lot Min. Lot d h Max.t?? h Min. Setbacks D Min. Off-Street Use Area Wi t t Heig (ft) 11) ensity parking (sq. ft.) (ft.) (ft.) 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 I0 15 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 3550-- 15 10-- 10 1020-- 30 units/acre 2 Per unit Governmental Uses (2) 000 10 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA , 50 15 10 20 Indoor 5 000 50 35-- O--IS 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertainment , 100 10 Medical Clinic 10,000 100 50 I0 15 10 20 20 2--3/1,000 GFA Mixed Use 10 000 50-- 35-- 0--15 0-- 10-- 30 Based upon use , 100 50 10 20 units/acre requirements Nightclubs 51000 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-- 10-- 0-- 10-- n/a 3-4 spaces per , 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 000 5 50 35 10-- 10 20 n/a the community Recreation/Entertainment , 15 development director based on ITE Manual standards Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit Accommodations 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a community Facilities development coordinator based on ITE Manual standards Public Transportation t3J n/a n/a ] 0 n/a n/a n/a n/a n/a Facilities -6- Ordinance No. 8044-09 • Resort Attached Dwellings 10,000 100. 35--50 10-45 10 10--20 30 1.5 per unit units/acre Restaurants 5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per 10,000 100 35 15 10 20 1,000 GFA Retail Sales and Services 51000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 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. (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 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. *********** Flexibility criteria: *********** K. Overnight accommodations. *********** 10. Accessory uses: a. Accessorv uses must be incidental, subordinate. and customarilv accessorv to overnight accommodations; b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development. C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-802.K.10.a - c. -7- Ordinance No. 8044-09 Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District (`T)", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. Flexibility criteria: 0. Resort attached dwellings. *********** *********** 1. Height: a. The increased height results in an improved site plan or improved design and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level: 3. Front setback. a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Rear setback. a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance: C. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from outside of the development. P0. Restaurants. -8- Ordinance No. 8044-09 0 0 Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T')", Section 2-803, "Table 2-803", 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. Min. Max. Min. Min. Min Use Lot Lot Height Front Side . Rear Density Min. Off-Street Area Width tq (lt) tq (ft•? (1) (ft) (ft? Parking (sq. ft.) (ft.) Alcoholic Beverage Sales 5,000 50 5- 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 determined by the 30 community Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; 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 1,000 Display 100 GFA Marinas and Marina 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Facilities 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 0-45 0--10 10--20 n/a 10 per 1,000 GFA 100 Offices 10,000 100 5 0 0--15 0--10 10--20 n/a 3-4 1,000 0 , GFA 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor 5,000 50 35 5--15 0--10 10--20 n/a community Recreation/Entertainment development coordinator based on ITE Manual 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 Resort Attached 5,000-- 50-- 35-- 0--15 0--10 10--20 n 1.5 per uni t Dwellings 10,000 100 100 u its/acre -9- Ordinance No. 8044-09 0 0 5,000-- 50-- 25-- 7--15 spaces per 1,000 Restaurants 10,000 100 100 0--15 0--10 10--20 n/a GFA 5,000-- 50-- 35-- 4--5 spaces per 1,000 Retail sales and services 10,000 100 100 0--15 0--10 10--20 n/a 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. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. *********** Flexibility criteria: *********** 1. Overnight accommodations. *********** 11. Accessory Uses: a. Accessorv uses must be incidental. subordinate. and customarily accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the -gross floor area of the development, but only when additional parkinq is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the proiect. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 10% and 15% of the -gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density: ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design: iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site: iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the proiect site: V. Determine the total floor area of all interior accessory uses exceeding 10% of the gross floor area of the proposed building: -10- Ordinance No. 8044-09 0 0 vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage: vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the proiect as determined in vii. d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-803.1.11.a - d. Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District ('7)", Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. *********** Flexibility criteria: *********** J. Resort attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development: 2. Height: a. The increased height results in an improved site plan or improved design and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance: -11- Ordinance No. 8044-09 0 0 5. Off-street narking: Off-street parkina within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 15% of the building footprint. b. No signage shall be visible from outside of the development. Kd. Restaurants. *********** Section 11. 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. *********** Dwellings, resort attached means a dwelling unit located in the Tourist M zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. *********** Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 0 0 Section 16. 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 -13- Ordinance No. 8044-09 v `iii S a 99?ATE1???? SUBJECT/RECOMMENDATION: • Clearwater City Council Agenda Cover Memorandum *K session Item #: Final Agenda Item # Meeting Date: 09-17-09 APPROVE 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, and PASS Ordinance No. 8044-09 on first reading. (TA2009-01004) N and that the appropriate officials be authorized to execute same. SUMMARY: The Planning Department is proposing amendments to the Community Development Code that address two issues: the creation of a new "resort attached dwellings" use within the Tourist District and the addition of criteria to address accessory uses within overnight accommodations uses in the Commercial and Tourist Districts. The details of the amendments are outlined below: ? New Resort Attached Dwellings Use: ¦ Density limited to residential density of 30 units per acre; ¦ Limited accessory uses are allowed; ¦ No exterior signage related to accessory uses permitted; ¦ Defines "Dwellings, resort attached" within Section 8-102. ? Accessory Use Requirements for Overnight Accommodations in the Commercial and Tourist Districts: ¦ Provides definition and limitations for the overall area accessory uses can comprise within an overnight accommodation project; ¦ Requires accessory uses to be incidental, subordinate, and customarily accessory to overnight accommodation ¦ Excludes exterior uses, such as pools and tiki bars, from accessory floor area limitations; ¦ Establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the gross floor area of the development, or up to 15 percent of the gross floor area if additional parking is provided for the portion of accessory uses that exceeds 10 percent; ¦ Implements criteria in Beach by Design related to accessory uses by requiring projects that request rooms from the Hotel Density Reserve (Reserve) and also propose interior accessory uses that comprise between 5 percent and 15 percent of the building gross floor area to decrease their development potential from the Reserve in proportion to the amount of accessory uses exceeding 5 percent; ¦ Considers all interior accessory uses additional primary uses when determining the development potential and parking requirements for a project when accessory uses exceed 15 percent of the building gross floor area; ¦ Requires signage for accessory uses to be subordinate to and incorporated into the primary signage for the overnight accommodation use, and limited area; ¦ Exempts developments that have received additional density from the Destination Resort Density Pool in Beach 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 N/A DCM/ACM Planning Current FY Cl Risk Mgmt NIA Other Attachments: OP ORDINANCE NO. 8044-09 STAFF REPORT Other MEMO TO COUNCIL Submitted by: Appropriation Code: City Manager ? None • by Design from the new requirements. • Attached is a copy of the staff report and Ordinance No. 8044-09, which contains further information on the proposed amendments. Also attached is a copy of the memo already provided to Council which discusses how the proposed amendments addressing accessory uses in overnight accommodation projects would impact existing and recently approved hotels. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of August 18, 2009. The Board unanimously recommended the amendment for approval, requesting that staff provide Council with information regarding flag requirements for accessory uses. Staff is trying to collect such information and will provide you with any information obtained either prior to or at the Council work session. S: (Planning DepartmentlCommunity Development Code12009 Code AmendmentslTA2009-01004 - Resort DwellingslOrdinance No 8044-09 2009 09-04 CC Cover Memo.doc 0 0 ORDINANCE NO. 8044-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: -1- Ordinance No. 8044-09 Section 1. 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 1 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 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 Outdoor retail sales, display and/or ,storage X X -2- Ordinance No. 8044-09 i • Overnight accommodations 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 Publish'in and minting X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X X Resort Attached Dwellings 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 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/dis la s 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 r X X X X holesa le/distribution/warehouse acilit X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. *********** Flexibility criteria: *********** -3- Ordinance No. 8044-09 M. Overnight accommodations. *********** 7. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations; b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-7041, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** 8. Accessory uses: a. Accessorv uses must be incidental, subordinate. and customarilv accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the proiect. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 0 0 Section 4. 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: Maximum Maximum Floor Area Ratio/ Maximum Overnight Countywide Dwelling Impervious Surface Ratio Accommodations Future Land Units/Resort Units Per Acre Use Attached Dwellin Units Overnight Overnight N R id i l B Designation A d ti A d ti on- es ent a ase Alt ti per Acre of ccommo a ons ccommo a ons Uses ve erna Land (Base) (Alternative) FAR 2.0/ISR.95 Less than one acre: 70 Between one Resort Facilities 30 dwelling FAR 1.0/1SR.95 FAR 3.0/ISR.95 FAR 1.0/ISR.95 50 acre and three acres: High units per acre 90 Greater than FAR 4.0/ISR.95 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 5. 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: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -5- Ordinance No. 8044-09 • 9 Table 2-802. "T" District Flexible Standard Development Standards (1) Use Min. Lot Area Min. Lot Width Max. ?? Height< Min. Setbacks Density Min. Off-Street (sq. ft.) (ft.) (ft.) (ft) tq parking 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 I? 10 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35 -- 1 0-- 10 10 -- 30 2 Per unit 50 15 20 units/acre Governmental Uses (1) 10 000 100 35-- 10-- 0-- 10-- n/a 3-4/1 000 GFA , 50 15 10 20 , Indoor 5,000 50 35-- O--IS 0-- 20 n/a 10 per 1,000 GFA Recreation/Entertamment 100 10 Medical Clinic 10 000 100 5 10 20 20 2--3/1 000 GFA , 50 1 , Mixed Use 10,000 50-- 35-- 0--15 0-- 10-- 30 Based upon use 100 50 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-- 10-- 0-- 10-- ?a 3--4 spaces per 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 5 000 50 35 10 10 20 n/a the community Recreation/Entertainment , 15 development director based on ITE Manual standards Overnight 20,000 100-- 35-- I0__ 0-- 10-- 40 1.2 per unit Accommodations 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a 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 -6- Ordinance No. 8044-09 0 0 Resort Attached Dwellinp- 10,000 100 35--50 10-45 10 10--20 n 1.5 per unit u its/acre Restaurants 5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per 10,000 100 35 15 10 20 1,000 GFA Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10-- ?a 4--5 spaces per 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- ?a 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 GFA Utility/Infrastructure Facilities (4) n/a n/a n/a 25 ] 0 10 n/a n/a (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. (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 6. That Article 2, "Zoning Districts", Division 8, "Tourist District (`T")", subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. *********** Flexibility criteria: *********** K. Overnight accommodations. *********** 10. Accessory uses: a. Accessorv uses must be incidental. subordinate. and customarily accessorv to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: however, if receiving additional density from the Hotel Density Reserve established in Beach by Design, the maximum floor area for interior accessory uses shall be limited to 5% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -7- Ordinance No. 8044-09 0 0 d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-802.K.10.a - c. Section 7. That Article 2, "Zoning Districts°, Division 8, "Tourist District ("T)", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. *********** Flexibility criteria: *********** 0. Resort attached dwellings. 1. Height. a. The increased height results in an improved site plan or improved desiqn and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street Parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level; 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance; C. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from outside of the development. -8- Ordinance No. 8044-09 0 0 P9. Restaurants. *********** Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", Section 2-803, "Table 2-803", 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. Min. Max Min Min Min Use Lot Lot . Height . Front . Side . Rear Density Min. Off-Street Area Width (ft.) t?l (ft.) (4 (ft.) t4 (ft.) (4 Parkin S (s9 .ft) (ft) Alcoholic Beverage Sales 5,000 50 0--15 0--10 10--20 n/a 5 per 1,000 GFA 100 Attached Dwellings 5, 000 50 0--15 0--10 10--20 30 2 per unit ,000 0 10 100 100 100 units/acre 2 spaces per attached dwelling unit and as determined by the 30 community Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; 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 1,000 Display 100 GFA Marinas and Marina 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Facilities 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 0-45 0--10 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 0--15 0--10 10--20 n/a 33- Aspaces per 1,000 100 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor 5 000 50 35 5--15 0-40 10--20 n/a community Recreation/Entertainment , development coordinator based on ITE Manual standards Overnight 10,000- 100-- 35-- 0--15 0--10 0--20 40 1-1.2 per unit -9- Ordinance No. 8044-09 0 0 Accommodations 20,000 150 100 rooms/acre Resort Attached 5.000-- 50-- 35-- 30 Dwellings 10.000 100 100 0--15 0--10 10--20 units/acre 1.5 per unit Restaurants 5,000-- 50-- 25-- 0-45 0-40 10--20 n/a 7-45 spaces per 1,000 10,000 100 100 GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 ]0--20 n/a 4--5 spaces per 1,000 10,000 100 100 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. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. *********** Flexibility criteria: *********** 1. Overnight accommodations. *********** 11. Accessory Uses: a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 5% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density: ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design: iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site: -10- Ordinance No. 8044-09 iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the proiect site: V. Determine the total floor area of all interior accessory uses exceeding 5% of the gross floor area of the proposed building: vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage: vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the project as determined in vii. d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-803.1.11.a - d. Section 10. 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 add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. *********** Flexibility criteria: J. Resort attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a buildina which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development: 2. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building; 3. Front setback. a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles: -11- Ordinance No. 8044-09 0 0 b. The reduction in side and rear setback results in an improved site Dian. more efficient parking or improved design and appearance: 5. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 15% of the building footprint. b. No signage shall be visible from outside of the development. Kd. Restaurants. *********** Section 11. 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. *********** Dwellings, resort attached means a dwelling unit located in the Tourist (T) zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. *********** Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 • • Section 16. 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 -13- Ordinance No. 8044-09 • To: Michael Delk, Planning Director From: Gina L. Clayton, Assistant Planning Director Date: August 31, 2009 • Clearwater RE: Responses to City Council Questions Regarding Hotel Accessory Uses On June 18th we conducted one-on-one meetings with City Council members to discuss proposed amendments to the Tourist (T) 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 this ordinance, which is scheduled for first reading on September 17th The majority of questions related to the area of accessory uses found in hotels, how much meeting space is proposed in several hotel projects and how much square footage would equal 10% of the floor area of these hotels. In an attempt to provide the requested information, please refer to the attached comparison. Please note that these figures are based on materials on file in the Department and represent our best estimates based on those materials. The Department also tried to compile information for several other hotels such as the Hilton, the Marriott and the Holiday Inn but did not have drawings that conveyed all of the necessary information. One specific question was posed regarding how the proposed ordinance may impact the number of units Shepard's could request through the hotel density reserve. This project is 2.37 acres in area and the base density (50 units per acre) and 100 unit allocation would result in 218 rooms. Shepard's has eight transfer of development rights and is proposing a total of 226 hotel units. Based on the information that has been submitted to the Department, the proposed provisions would reduce the total units to 181 (91 units per acre based on a land area of 2.108 acres of land (2.37 acres - 11,409 square feet of accessory uses). 1 0 • The other information requested was the square footage of area restaurants to help visualize a 5,000 square foot restaurant. Below is a variety of restaurants in Clearwater. Starbucks - Cleveland Street 2,340 square feet Panera Bread - Clearwater Mall 4,661 square feet Greek Town Grill - Cleveland Street 3,107 square feet Bob Heilman's Beachcomber - Mandalay Ave. 9,568 square feet McDonald's - Missouri Ave. 2,999 square feet Attachment: Comparison of Interior Accessory Uses within Overnight Accommodations 2 Comparison of Interior Accessory Uses within Overnight Accommodation Projects • • 20 Kendall St 101 Coronado Dr 3070 Gulf-to-Bay Blvd 940 Court St 619'Gulfview Blvd 1590 Gulf Blvd Ambiance Holiday Inn Express Fairfield Inn Marriott Residence Inn She hards (existing + proposed) Cabana Club Number o Hotel Roams 88 108 127 115 226 38 Gross Floor Area (A/CFloor Area) 70,355 66,351 69,627 80,629 192,112 45,793 Building Footprint Floor Area 20,908 12,875 14,162` 11,864 99,628 18,604 Number of Parking Spaces 94 94 127 119 318 56 Number of Meeting Rooms 1 1 1 1 10 0 Meeting Room Floor Area 740 988 387 580 10,702 0 Exercise Floor Area 0 444 387 490 540 0 lounge/ Bar Floor Area 742 0 0 0 1,864 0 Restaurant/ Kitchen Floor Area C 0 0 0 9,893 5,337 Nan-RestourontDining Floor Area 0 0 1,160 2,616 0 0 Spa Floor Area 0 0 0 0 1,300 0 Pre-Function Lobby Floor Area 0 0 0 0 1,600 0 Nightclub Floor Area 0 0 0 0 3,219 0 Business Center/Library Floor Area 0 0 143 0 168 0 Retail Sales/ Bike Ren tol Floor Area 0 0 0 0 1,334 0 Locker Room and Restrooms Floor Area 0 0 0 0 0 1,080 Gross Floor Area (A/CFloor Area) 70,355 66,351 69,627 80,629 192,112 45,793 Building Footprint Floor Area 20,908 12,875 14,162 11,864 99,628 18,604 Total Accessory Floor Area 1,482 1,432 2,077 3,686 30,620 6,417 in tenor Accessory Uses as % o Gross Floor Area 2.11% 2.16% 2.98% 4.57% 15.94% 14.01% Interior Accessory Uses as o Building Footprint Floor Area 7.09% 11.12% 14.67% 31.07% 30.73% 34.49% July 27, 2009 Revised Prior td C D o. ORDINANCE NO. 8044-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: -1- Ordinance No. 8044-09 n • Section 1. 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 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 Outdoor retail sales, display and/or tors e T 1x i X -2- Ordinance No. 8044-09 0 0 Overnight accommodations 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 Research and technology use X Residential shelters X X X Resort Attached Dwellings 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 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 X holesale/distrib ution/wa rehouse facility X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. *********** Flexibility criteria: -3- Ordinance No. 8044-09 0 0 M. Overnight accommodations. 7. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: C. Signaqe for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-7041, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** 8. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the -gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. Signaqe for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 Section 4. 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: Maximum Maximum Floor Area Ratio/ Maximum Overnight Countywide Dwelling Impervious Surface Ratio Accommodations Future Land Units/Resort Units Per Acre Attached Use Dwelling Units Overnight Overnight N R id i l B Designation A d ti A ti d on- es ent a ase Alt ti per Acre of ccommo a ons ccommo ons a Uses ve erna Land (Base) (Alternative) FAR 2.0/ISR.95 Less than one acre: 70 Between one Resort Facilities 30 dwelling FAR 1.0/ISR .95 FAR 3.0/ISR.95 FAR LOASR.95 50 acre and three acres: High units per acre 90 Greater than FAR 4.0/ISR.95 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 5. 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: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -5- Ordinance No. 8044-09 0 0 Table 2-802. "T" District Flexible Standard Development Standards (/) Use Min. Lot Area Min. Lot Width Max. ?? Heigh!< Min. Setbacks (1) Density Min. Off-Street (ft) parking (s9• ft•) (ft) (ft) 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 15 10 1 20 n/a 5 per 1,000 GFA Attached Dwellings 10,000 100 35-- 50 10-- 15 10 10-- 20 30 units/acre 2 per unit Governmental Uses (1) 10 000 100 35-- 10-- 0-- 10-- n/a 3-4/1,000 GFA , 50 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 I0 10 20 20 2--3/1,000 GFA , 50 15 Mixed Use 10 000 50-- 35-- 0-15 0-- 10-- 30 Based upon use , 100 50 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-- 10-- 0-- 10-- n/a 3--4 spaces per , 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 5 000 50 35 10 10 20 n/a the community Recreation/Entertainment , 15 development director based on ITE Manual standards Overnight 000 20 100-- 35-- 10-- 0-- I0-- 40 1.2 per unit Accommodations , 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a community Facilities development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a Facilities (3) -6- Ordinance No. 8044-09 0 0 Resort Attached Dwellines 10.000 100 35--50 10--15 10 10--20 n 1.5 per unit its/acre u 5,000-- 50-- 25-- 10-- 0-- 10-- ? 7-15 spaces per Restaurants 10,000 100 35 15 10 20 a 1,000 GFA Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- ?a 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 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. (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 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. *********** Flexibility criteria: K. Overnight accommodations. 10. Accessory uses: a. Accessorv uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: however, if receiving additional density from the Hotel Density Reserve established in Beach by Design, the maximum floor area for interior accessory uses shall be limited to 5% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -7- Ordinance No. 8044-09 d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-802.K.10.a - c. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. *********** Flexibility criteria: *********** 0. Resort attached dwellinas. 1. Height: a. The increased height results in an improved site plan or improved design and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lid b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance: C. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from outside of the development. -8- Ordinance No. 8044-09 0 0 P9. Restaurants. Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Table 2-803", 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. Min. Max Min Min Min (q Use Lot Lot . Height . Front . Side . Rear Density Min. Off-Street Area Width (ft.) (1) (ft.) (1) (ft) (?) (ft) (/1 parkin S (s9 ft) (ft.) Alcoholic Beverage Sales 5,000 50 135 - 00 0-45 0-40 10--20 n/a 5 per 1,000 GFA Attached Dwellings 5, 000- - 50- - 0-45 0--10 10--20 30 2 per unit 1 0 000 , 100 00 1 100 units/acre 2 spaces per attached dwelling unit and as determined by the 30 community Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; 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 ,000 5 50 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 Display 100 GFA Marinas and Marina 51000 50 25 10--15 0-40 10--20 n/a 1 space per 2 slips Facilities 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 0-45 0-40 10--20 n/a 10 per 1,000 GFA Offices 10,000 100 0-45 0-40 10--20 n/a spaces per 1,000 100 GFA 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor 5 000 50 35 5--15 0--10 10--20 n/a community Recreation/Entertainment 1 development coordinator based on ITE Manual standards Overnight 10,000- 100-- 35-- 0-45 0-40 0--20 40 1-1.2 per unit -9- Ordinance No. 8044-09 0 . 0 Accommodations 20,000 150 100 rooms/acre Resort Attached 5.000-- 50-- 35-- 0--15 0--10 10--20 30 1.5 per unit Dwellines 10.000 100 100 units/acre 5 000-- 50-- 25-- 7--15 spaces per 1,000 Restaurants , 10,000 100 100 0--15 0--10 10--20 n/a GFA 5,000-- 50-- 35-- 4--5 spaces per 1,000 Retail sales and services 0-45 0-40 10--20 n/a 10,000 100 100 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. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District (7)", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. *********** Flexibility criteria: 1. Overnight accommodations. 11. Accessory Uses: a. Accessorv uses must be incidental. subordinate. and customarilv accessorv to overnight accommodations; b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 5% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density; ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design; iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site; -10- Ordinance No. 8044-09 0 0 iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the project site; V. Determine the total floor area of all interior accessory uses exceeding 5% of the gross floor area of the proposed building; vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage; vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the project as determined in vii. d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject to the requirements set forth in Sections 2-803.1.11.a - d. Section 10. That Article 2, "Zoning Districts", Division 8, "Tourist District Section 2-803, "Flexible development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. Flexibility criteria: J. Resort attached dwellinas. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street life b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; -11- Ordinance No. 8044-09 0 0 b. The reduction in side and rear setback results in an imoroved site plan. more efficient parking or improved design and appearance: 5. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 15% of the building footprint. b. No signage shall be visible from outside of the development. Kd. Restaurants. Section 11. 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. Dwellings, resort attached means a dwelling unit located in the Tourist M zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 0 0 Section 16. 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 -13- Ordinance No. 8044-09 0 0 CDB Meeting Date: August 18, 2009 Case Number: TA2009-01004 Ordinance Number: 8044-09 Agenda Item: D2 CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT TEXT AMENDMENT 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 accommodations in the Commercial and Tourist Districts. INITIATED BY: City of Clearwater Planning Department BACKGROUND: Tourism is an important aspect of the City of Clearwater's economy and identity. The City understands that tourists have a variety of preferences for the types of facilities they want to stay in when visiting the City. The City has demonstrated through the creation of Beach by Design and subsequent amendments to the plan that it recognizes the need for "destination resorts" as well as "small and mid-size hotel rooms" to serve this population. This broad range of accommodations types creates the unique character and atmosphere that is Clearwater Beach. In order to accommodate those visitors that prefer a limited resort-type accommodation with a residential feel and density, a new resort attached dwelling use is proposed to be created within the Tourist District to accommodate this niche market. Modern hotels of all sizes provide their guests with a variety of amenities, including restaurants, exercise rooms, meeting facilities, and sundries shops. The City desires to establish limitations on the overall floor area dedicated to such accessory uses in order to bring further clarification to accessory uses, to address the parking demands created by such uses, and to provide guidance on when a grouping of uses exceeds what is considered accessory to the primary use for the purposes of calculating development potential. The proposed amendments address accessory uses for overnight accommodations in both the Tourist and Commercial Districts. ANALYSIS: Proposed Ordinance No. 8044-09 includes amendments addressing the items listed above. Below please find a description of each proposed amendment. Community Development Board - August 18, 2009 TA2009-01004 - Page 1 0 0 1. Resort Attached Dwellings Use [Pages 8, 11 and 12 of Ordinance] The proposed amendments to the Community Development Code include a new use called "resort attached dwellings". This new use is allowed only in the Tourist District and is limited to residential density of 30 units per acre. This language mirrors that of the attached dwellings use, with the addition of criteria for limited accessory uses. Accessory uses are allowed, but their area cannot exceed 10 to 15 percent of the building footprint, and no exterior signage is permitted. 2. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist Districts Approved through the DRC [Pages 4, 7 and 8 of Ordinance] The proposed amendments establish new flexibility criteria for accessory uses contained within overnight accommodations in the Commercial and Tourist Districts. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations. The proposed amendment also establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the gross floor area of the development. Since the City of Clearwater is a beach community, outdoor activities are important, especially within the Tourist District. By only placing a limit on interior accessory uses, other accessory uses such as outdoor pools and tiki bars are exempt from this new limit. Signage for accessory uses must be subordinate to and incorporated into the primary signage for the overnight accommodation use, and is limited in area. Within the Tourist District, however, the maximum floor area for accessory uses within a project that receives additional density from the Hotel Density Reserve (Reserve) established in Beach by Design is limited to 5 percent of the gross floor area. Eligibility to receive rooms from the Reserve requires that a project incorporate, meet and/or abide by certain criteria, including that accessory uses should be consistent with the amenities typical of a mid-size/limited service hotel (Beach by Design, 55). Additionally, developments that have received additional density from the Destination Resort Density Pool in Beach by Design are exempted from the new requirements because the intent of the Destination Resort Density Pool was to create larger resorts, and required a certain level of accessory uses be incorporated into the projects (Beach by Design, 50). 3. Proposed Accessory Uses Requirements for Hotels in the Commercial and Tourist Districts Approved through the CDB [Pages 4, 10 and 11 of Ordinance] For projects processed through the Flexible Development process, proposed provisions would allow approval of up to 15 percent of the gross floor area for accessory uses if parking is provided at the level required for the most intensive accessory use(s) for the portion, of accessory uses that exceeds 10 percent. Where a particular use within the District might have a range of required parking, the lowest number of spaces required by the parking standard will be used to calculate the required parking, since the parking standard for the primary use (overnight accommodations) already assumes some limited amount of accessory uses. Accessory uses must still be incidental, subordinate, and customarily accessory to overnight accommodations. However, if the floor area dedicated to accessory uses within the interior Community Development Board - August 18, 2009 TA2009-01004 - Page 2 0 0 of the structure exceeds 15 percent of the building gross floor area, then all of the interior accessory uses are considered additional primary uses when determining allowable density and intensity for the site. Within the Tourist District, projects that request additional rooms from the Hotel Density Reserve (Reserve) established in Beach by Design and propose interior accessory uses that comprise between 5 percent and 15 percent of the building gross floor area must calculate their density to remove this percentage from their development potential. Staff research has shown that the overall floor area dedicated to accessory uses within the small and mid-size hotels desired through Beach by Design is generally consistent with the proposed lower threshold of 5 percent. Some hotel projects may want to provide additional amenities to their guests; the balance between allowing a limited amount of additional accessory uses and accomplishing the goals set forth in Beach by Design can be achieved through the application of this proposed provision. Consistent with the Flexible Standard Development provisions, developments that have received additional density from the Destination Resort Density Pool in Beach by Design are exempted from the new requirements because the intent of the Destination Resort Density Pool was to create larger resorts with a greater amount of amenities for their guests. CRITERIA FOR TEXT AMENDMENTS: Community Development Code Section 4-601 sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1. The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goal, Objective, and Policy which will be furthered by the proposed Code amendments: Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. Objective 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. Community Development Board - August 18, 2009 TA2009-01004 - Page 3 • Findings 0 The proposed amendments are consistent with the Comprehensive Plan for several reasons. The addition of the flexibility criteria addressing accessory uses in overnight accommodations continues to encourage the development of hotels within the City of Clearwater. Similarly, the creation of the new resort attached dwellings use provides another option for development on certain parcels within the Tourist District. The proposed amendments encourage the development of a variety of room types in which tourists can elect to stay. 2. The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the Community Development Code in that it will be consistent with the following purposes set forth in Section 1-103: Section 1-103.13. It is the purpose of this Community Development Code to create value for the citizens of the City of Clearwater by: 1. Allowing property owners to enhance the value of their property through innovative and creative redevelopment; 2. Ensuring that development and redevelopment will not have a negative impact on the value of surrounding properties and wherever practicable promoting development and redevelopment which will enhance the value of surrounding properties; and 3. Strengthening the city's economy and increasing its tax base as a whole. Section 1-103.E.2 Protect the character and the social and economic stability of all parts of the City through the establishment of reasonable standards which encourage the orderly and beneficial development of land within the city Section 1-103.E.3 Protect and conserve the value of land throughout the city and the value of buildings and improvements upon the land, and minimize the conflicts among the uses of land and buildings. Findings These amendments are consistent with the Community Development Code because they enhance property values by encouraging a variety of redevelopment projects including a mixture of accessory uses within overnight accommodations and the development of resort attached dwelling structures. Establishing criteria for overnight accommodations accessory uses promotes development and redevelopment while ensuring that additional uses are of a reasonable size. Continuing to encourage tourism strengthens the City's economy. The standards established by these amendments protect and enhance community character through the orderly and beneficial development of land. Community Development Board - August 18, 2009 TA2009-01004 - Page 4 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. Based upon the above, the Planning Department recommends APPROVAL of Ordinance No. 8044-09 that amends the Community Development Code. Prepared by Planning Department Staff: ? A04?? Lauren Matzke, Pla III ATTACHMENT: D Ordinance No. 8044-09 S: (Planning DepartmenhCommunity Development Code12009 Code AmendmentslTA2009-01004 - Resort Dwellingslstaff Reports lOrdmance No 8044-09 CDB Staff Report 2009 08-12.doc Community Development Board - August 18, 2009 TA2009-01004 - Page 5 0 • ORDINANCE NO. 8044-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2- 803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater adopted a new Community Development Code on January 21, 1999 which was effective on March 8, 1999, and WHEREAS, the City of. Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, it is appropriate to define and provide for the resort attached dwelling use as a permitted use within the Tourist District in order to meet a need for varied configurations and room rates for tourist accommodations, and WHEREAS, the City of Clearwater recognizes that overnight accommodation operators desire to provide additional amenities to their clients, and WHEREAS, the City of Clearwater wishes to allow accessory uses within resort attached dwelling and overnight accommodation projects within certain parameters, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: -1- Ordinance No. 8044-09 0 0 Section 1. 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 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 Outdoor retail sales, display and/or storage x X -2- Ordinance No. 8044-09 0 0 Overnight accommodations 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 Research and technology use X Residential shelters X X X Resort Attached Dwellings X Restaurants X X X X X X Retail sales and services X X X X X X X X RV arks X Salva a ards X Schools X X X X X X X Self-storage warehouse X X Sidewalk vendors X X 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 holesale/distribution/warehouse acili X Section 2. That Article 2, "Zoning Districts", Division 7, "Commercial District ("C")", subsection 2-703.M, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-703. Flexible standard development. *********** Flexibility criteria: -3- Ordinance No. 8044-09 • • M. Overnight accommodations. *********** 7. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. Section 3. That Article 2, "Zoning Districts Division 7, "Commercial District ("C)", subsection 2-7041, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-704. Flexible development. Flexibility criteria: L. Overnight accommodations. *********** *********** *********** 8. Accessory uses: a. Accessory uses must be incidental, subordinate, and customarilv accessorv to overnight accommodations: b. Accessory uses located within the building interior may occupy between 10% and 15% of the -gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -4- Ordinance No. 8044-09 0 0 Section 4. 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: Maximum Maximum Floor Area Ratio/ Maximum Overnight Countywide Felling Impervious Surface Ratio Accommodations Future Land Units/Resort Units Per Acre Attached Use Dwellin Units Overnight Overnight N R id i l B Designation A d ti A d ti on- es ent a ase Alt ti per Acre of ccommo a ons ccommo a ons Uses erna ve Land (Base) (Alternative) FAR 2 0/ISR.95 Less than one . acre: 70 Between one Resort Facilities 30 dwelling FAR 1.0/ISR .95 FAR 3.0/ISR.95 FAR 1.0/ISR .95 50 acre and three acres: High units per acre 90 Greater than FAR 4.0/ISR.95 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 5. 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: Section 2-802. Flexible standard development. The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. -5- Ordinance No. 8044-09 Table 2-802. "T" District Flexible Standard Development Standards r!) Use Min. Lot Area Min. Lot Width Max. ?) Height( Min. Setbacks Density Min. Off-Street (sq. ft•) (ft.) (ft.) f) tq parking 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 I0 10 20 n/a 5 per 1,000 GFA 15 Attached Dwellings 10,000 100 35 -- 1 0-- 10 1 0 -- 30 2 Per unit 50 15 2 0 units/acre Governmental Uses (Z) 10 000 100 35-- 10-- 0-- 10-- n/a 3-4/1 000 GFA , 50 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 0 10 20 20 2--3/1,000 GFA 50 1 5 Mixed Use 10,000 50-- 35-- 0 -15 0-- 10-- 30 Based upon use 100 50 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-- 10-- 0-- 10-- n/a 3--4 spaces per 50 15 10 20 1,000 GFA 2.5 spaces per 1,000 sq. ft. of lot area or as determined by Outdoor 000 5 50 35 IO 10 20 n/a the community Recreation/Entertainment , 15 development director based on ITE Manual standards Overnight 20,000 100-- 35-- 10-- 0-- 10-- 40 1.2 per unit Accommodations 150 50 15 10 20 rooms/acre Parking Garages and Lots 20,000 100 50 25 10 20 n/a n/a 1 per 20,000 SF land area or as determined by the Parks and Recreation n/a n/a 50 25 10 20 n/a community Facilities development coordinator based on ITE Manual standards Public Transportation Facilities (3) n/a n/a ] 0 n/a n/a n/a n/a n/a -6- Ordinance No. 8044-09 r: Resort Attached Dwellings 10,000 100 35--50 10--15 10 - 10--20 30 1.5 per unit units/acre Restaurants 5,000-- 50-- 25-- 10-- 0-- 10-- n/a 7-15 spaces per 10,000 100 35 15 10 20 1,000 GFA Retail Sales and Services 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4-=5 spaces per 10,000 100 50 15 10 20 1,000 GFA Sidewalk Vendors n/a n/a n/a n/a n/a n/a n/a n/a Social and Community 5,000-- 50-- 35-- 10-- 0-- 10-- n/a 4--5 spaces per Center 10,000 100 50 15 10 20 1,000 GFA Utility/Infrastructure 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. (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 6. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", subsection 2-802.K, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-802. Flexible standard development. Flexibility criteria: *********** K. Overnight accommodations. *********** 10. Accessory uses: a. Accessorv uses must be incidental, subordinate. and customarilv accessorv to overnight accommodations: b. The maximum floor area for accessory uses located within the building interior shall be limited to 10% of the gross floor area of the development: however, if receiving additional density from the Hotel Density Reserve established in Beach by Design, the maximum floor area for interior accessory uses shall be limited to 5% of the gross floor area of the development: C. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. -7- Ordinance No. 8044-09 L' d. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject the requirements set forth in Sections 2-802.K.10.a - c. Section 7. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", Section 2-802, "Flexible standard development", of the Community Development Code, be, and the same is hereby amended to add subsection 2-802.0, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-802.P and the subsequent sections as appropriate: Section 2-802. Flexible standard development. Flexibility criteria: *********** *********** 0. Resort attached dwellings. 1. Height: a. The increased heiaht results in an improved site plan or improved desian and appearance: b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building. 2. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level: 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street liL b. The reduction in front setback results in an improved site plan or improved design and appearance: 4. Rear setback: a. The reduction in rear setback does not prevent access to the rear of any building by emergency vehicles: b. The reduction in rear setback results in an improved site plan, more efficient parking or improved design and appearance: C. The reduction in rear setback does not reduce the amount of landscaped area otherwise required. 5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 6. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 10% of the building footprint. b. No signage shall be visible from the outside of the building. P8. Restaurants. *********** -8- Ordinance No. 8044-09 0 0 Section 8. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T")", Section 2-803, "Table 2-803", 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. Min. Max Min Min Min tq Use Lot Lot . Heig . Front . Sid e . Rear Density Min. Off-Street Area Width h (ft) ft.) ) (ft) t') (ft ) (ft) (1) fit) parking (sq. ft.) (ft) Alcoholic Beverage Sales 5,000 50 0--15 0--10 10--20 n/a 5 per 1,000 GFA 100 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 determined by the 30 community Comprehensive Infill n/a n/a n/a n/a n/a n/a units/acre; 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 1,000 Display , 100 GFA Marinas and Marina 5,000 50 25 10--15 0--10 10--20 n/a 1 space per 2 slips Facilities Mixed Use 5,000-- 50-- 35-- O- IS 0--10 0--20 30 Based upon use 10,000 100 100 units/acre requirements Nightclubs 51000 50 100 0--15 0-40 10--20 n/a 10 per 1,000 GFA Offices 10 000 100 0-45 0-40 10--20 n/a 3-4 per 1,000 , 100 GFA 2.5 spaces per 1,000 SQ FT of lot area or as determined by the Outdoor 5,000 50 35 5-45 0-40 10--20 n/a community Recreation/Entertainment development coordinator based on ITE Manual 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 Resort Attached 5.000-- 50-- 35-- 30 O--IS 0--10 10--20 1.5 per unit Dwellings 10.000 100 100 units/acre -9- Ordinance No. 8044-09 • • 5,000-- 50-- 25-- 7--15 spaces per 1,000 Restaurants 10,000 100 100 0--15 0--10 10--20 n/a GFA Retail sales and services 5,000-- 50-- 35-- 0--15 0--10 10--20 n/a 4--5 spaces per 1,000 10,000 100 100 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. Section 9. That Article 2, "Zoning Districts", Division 8, "Tourist District ("T)", subsection 2-803.1, "Overnight accommodations", of the Community Development Code, be, and the same is hereby amended to read as follows: Section 2-803. Flexible development. Flexibility criteria: *********** 1. Overnight accommodations. *********** 11. Accessory Uses: a. Accessorv uses must be incidental, subordinate. and customarily accessorv to overnight accommodations; b. Accessory uses located within the building interior may occupy between 10% and 15% of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds 10%. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15% of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. C. In addition to the requirements above, for those projects that request additional rooms from the Hotel Density Reserve established in Beach by Design and whose interior accessory uses are between 5% and 15% of the gross floor area of the proposed building, density shall be calculated as follows: i. Calculate the maximum number of units allowed by the base density; ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve established in Beach by Design; iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site; iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine the resulting units per acre for the proiect site; V. Determine the total floor area of all interior accessory uses exceeding 5% of the gross floor area of the proposed building -10- Ordinance No. 8044-09 • • vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560 to determine the net acreage; vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined in iv. The resulting product is the maximum number of rooms allowable for the project. viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying the net acreage determined in vi. by the base density and subtracting this product from the maximum number of rooms allowable for the project as determined in vii. d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding signage for the overnight accommodation use. In no case shall more than 25% of the sign area be dedicated to the accessory uses. e. Those developments that have obtained additional density from the Destination Resort Density Pool established in Beach by Design are not subject the requirements set forth in Sections 2-803.1.11.a - d. Section 10. 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 add subsection 2-803.J, "Resort attached dwellings" and re-letter "Restaurants" as subsection 2-803.K and the subsequent sections as appropriate: Section 2-803. Flexible development. *********** Flexibility criteria: *********** J. Resort attached dwellings. 1. Lot area and width: The reduction in lot area will not result in a buildina which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off-street parking on the ground floor of the residential building; 3. Front setback: a. The reduction in front setback contributes to a more active and dynamic street lifL b. The reduction in front setback results in an improved site plan or improved design and appearance; 4. Side and rear setbacks: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; -11- Ordinance No. 8044-09 • • 5. Off-street parking: Off-street parking within the footprint of the residential building is designed and constructed to create a street level facade comparable to the architectural character and finishes of a residential building without parking on the ground level. 6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 7. Accessory uses: a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses shall not exceed, in the aggregate, 15% of the building footprint. b. No signage shall be visible from the outside of the building. Kd. Restaurants. Section 11. 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. *********** Dwellings, resort attached means a dwelling unit located in the Tourist M zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. Section 12. 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 13. 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 14. 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 15. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. -12- Ordinance No. 8044-09 0 0 Section 16. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk -13- Ordinance No. 8044-09 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. • • Planner Florida Planning and Development Lab Tallahassee, FL is 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) 0 L' Matzke, Lauren From: Matzke, Lauren Sent: Wednesday, October 07, 2009 3:54 PM To: Planning Subject: RADdest Ordinance Ever! (Ord. 8044-09) I am pleased to announce that last week Council adopted the Ordinance I have lovingly referred to as RAD for the past 10 months. This ordinance establishes the new Resort Attached Dwellings use as well as creates criteria for accessory uses hotels. I hope you enjoy it. It is not as lengthy as other ordinances/paper weights I have sent in the past, but it should help kill some time if it is quiet at the Counter. Enjoy! Lauren Matzke Planner Ill, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@mvclearwater.com 7 FINAL 8044-09 Signed.pdf • • Matzke, Lauren From: Delk, Michael Sent: Thursday, September 24, 2009 8:36 AM To: Clayton, Gina; Matzke, Lauren Subject: RE: RAID use on Brightwater Would not seem logical to draw a use distinction between resort dwellings and timeshares. Concur with AD Clayton. From: Clayton, Gina Sent: Thursday, September 24, 2009 8:32 AM To: Matzke, Lauren Cc: Delk, Michael Subject: RE: RAID use on Brightwater Good question. We allow timeshares on Brightwater. Resort dwellings are residential in character and I believe they would meet the intent of BBD. From: Matzke, Lauren Sent: Wednesday, September 23, 2009 11:56 AM To: Clayton, Gina Subject: RAID use on Brightwater I received a question at the counter today (well, Wayne and I both did) about whether the new resort attached dwelling use would be permitted under the provisions of the small motel district in Beach by Design. Any thoughts on this? Lauren Matzke Planner W, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myciearwater.com 0 0 Matzke, Lauren From: Dougall-Sides, Leslie Sent: Friday, September 18, 2009 2:31 PM To: Clayton, Gina Cc: Porter, Catherine; Matzke, Lauren; Hollander, Gwen Subject: RE: Ord 8044-09 Revised at First Reading Thanks, I've reviewed and signed it. From: Clayton, Gina Sent: Friday, September 18, 2009 11:04 AM To: Dougall-Sides, Leslie Subject: FW: Ord 8044-09 Revised at First Reading Lauren didn't find any other need changes. From: Matzke, Lauren Sent: Friday, September 18, 2009 10:01 AM To: Clayton, Gina Cc: Porter, Catherine Subject: FW: Ord 8044-09 Revised at First Reading I sent the following out. I double checked the remainder of the ordinance and did not find any other place where changes should be made. Thanks. From: Matzke, Lauren Sent: Friday, September 18, 2009 9:59 AM To: Dougall-Sides, Leslie; Dewitt, Gina; Hollander, Gwen Subject: Ord 8044-09 Revised at First Reading Attached is the revised ordinance, incorporating the changes made at last night's meeting. Please let me know if you need anything further regarding this ordinance. Thank you, and Happy Friday. Lauren Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: Iauren.matzke0myclearwater.com << File: Ordinance No. 8044-09 CC2 10-01- as amended on 1st reading docx >> • Matzke, Lauren From: Dougall-Sides, Leslie Sent: Tuesday, September 01, 2009 10:46 AM To: Matzke, Lauren Cc: Akin, Pam; Dewitt, Gina; Hollander, Gwen Subject: GM09-1420-038: Resort Dwelling Ordinance 8044-09 In my absence the MuniAgenda item will be forwarded to another attorney for approval. I've already signed off on the Ordinance itself, so this shouldn't be a problem. To clarify, are you still proposing the definition of "Dwellings, resort attached" as follows? Dwellings, resort attached means a dwelling unit located in the Tourist (T) zoning district that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur or which may be offered or advertised as being available for any term. From: Matzke, Lauren Sent: Tuesday, September 01, 2009 9:19 AM To: Dougall-Sides, Leslie Subject: RE: Voicemail Leslie - We have been talking with a representative of some of the flag hotels and she is gathering some information for us that should help answer the questions raised at CDB regarding percentages of accessory uses in the prototypes. This may, however, take a few additional days. Gina feels it would be worth waiting for this information to attach to the cover memo and ordinance for Council. If we don't receive this information until after you are gone, is there someone that would have the authority to sign off on the item in Muniagenda in your absence? We are not proposing any changes to the Ordinance at this time, so the only thing that you would not have reviewed is the cover memo. Please let me know if this would be OK, and who would be signing off on items while you are hopefully relaxing and not thinking about anything work related at all. Thanks Lauren From: Dougall-Sides, Leslie Sent: Thursday, August 27, 2009 2:49 PM To: Matzke, Lauren Subject: Voicemail Received your voicemail, no problem with revised schedule. FYI I will be out of the office Sept. 3-8. • C Matzke, Lauren From: Clayton, Gina Sent: Thursday, August 20, 2009 9:50 AM To: Dougall-Sides, Leslie; Hollander, Gwen; Matzke, Lauren Subject: Revised RAID Ordinance Attachments: Ordinance No. 8044-09 08-19-09 - typos per Leslie and sign change.docx In the draft I sent to your yesterday I only addressed the typos pointed out by Leslie. I forgot to make the change regarding signage visibility for resort dwellings that I told the board I was going to changed. Sorry for the inconvenience Gina Matzke, Lauren From: Clayton, Gina Sent: Wednesday, August 19, 2009 9:58 AM To: Hollander, Gwen; Dougall-Sides, Leslie Cc: Matzke, Lauren Subject: Ord. 8044-09 Attachments: Ordinance No. 8044-09 08-19-09 - typos per Leslie.docx Attached is a revised ordinance adding the missing word Leslie showed me yesterday. I also found that missing in another location as well. Matzke, Lauren From: Nick Fri [nfritsch@tampabay.rr.com] Sent: Tuesday, August 18, 2009 8:05 AM To: Matzke, Lauren Subject: Fw: TA2009-01004 Further support for defining them is evidenced by Cedarwood Dev. listing different accessory uses than those listed: restaurant, snack........ ----- Original Message ---- From: Nick Fri To: LAUREN. MATZKE(o)mvclearwater.com Sent: Monday, August 17, 2009 11:18 PM Subject: TA2009-01004 Why are Accessory Uses not specifically defined on pages 4, 7, 10; as they are defined in pages 8, 12? Thank you, Nick • • Matzke, Lauren From: Dougall-Sides, Leslie Sent: Wednesday, August 05, 2009 12:55 PM To: Matzke, Lauren Subject: FW: Chateau on White Sands, a Condominium--Resort Dwelling/Short-Term Rental Complaint I'm sending you this e-mail too just as background FYI. Leslie From: Kronschnabl, Jeff Sent: Wednesday, August 05, 2009 11:01 AM To: Delk, Michael Cc: Dougall-Sides, Leslie; Soto, Camilo; Silverboard, Jill; Bates, Dan; Franco, Peggy; Schaar, Shelby; Young, Joseph Subject: FW: Chateau on White Sands, a Condominium Michael - this is the property the below mentioned attorneys met with you on. We have not enforced on condo short-term rentals as of yet. How would you and Leslie like us to proceed - this in Mr. Uday's property (Ed Hooper normally represents him on code matters) ... thanks Jeff -----Original Message----- From: Tom Nash [mailto:TCN@macfar.com] Sent: Tuesday, August 04, 2009 4:20 PM To: Kronschnabl, Jeff Cc: Delk, Michael; Frank L; morganshatzer@gmail.com; Harry Cline; Linda S. Morris Subject: Chateau on White Sands, a Condominium Jeff: Thanks so much for taking the time yesterday to meet with Harry Cline and myself regarding the above referenced project. As mentioned in our meeting, our firm represents several owners of condominium units in the above referenced project and they are concerned that the developer is currently renting units on a daily and weekly basis. As you know, this is a violation of City code. Our clients paid top dollar for their units and because of these rentals, our clients advise that the property is now being operated similar to a motel with all those things that accompany a motel use, such as loud music, pool parties, parking problems, security issues, and guest comings and goings at all hours. The units which appear to be part of the rental pool are those units owned by Aqua Sun Developments, LLC, to wit 313, 4A, 413, 5B, 66, 7A, and 7C. Our clients would appreciate the City's efforts in enforcing any code violations currently ongoing as a result of short term rentals within this facility. If you need further information, please let me know. Thank you for your cooperation in this regard. Thomas C. Nash II, Esq. Macfarlane Ferguson & McMullen P.O. Box 1669 Clearwater, FL 33757 625 Court Street Clearwater, FL 33756 Main: (727) 441-8966 Direct: (727) 444-1411 Fax: (727) 442- 8470 tcn(a-)_macfar.com V Card ? Bio Please visit www.mfmiegal.com for more information about our Firm This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (Lnf6CcDmfmIeqa/. com . Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. • • Matzke, Lauren From: Dougall-Sides, Leslie Sent: Wednesday, August 05, 2009 12:35 PM To: Delk, Michael Cc: Akin, Pam; Matzke, Lauren Subject: GM09-1420-038: FW: Pending Ordinance # 8044-09 Attachments: SKMBT_C35209080416200. pdf Mr. Cline's suggestion of adding a definition to Section 8-102 cannot be accomplished without readvertising. It would be unusual to add a definition of "Owner" just for this one use. His concept could possibly be addressed alternatively by adding a criterion, requiring all unit owners (and common area owners) to execute the application, to the Flexibility Criteria in Secs. 2-802.0. and 2-803.1. However, Flexibility Criteria generally address substantive standards for approval as opposed to the technicalities of application. I mentioned to him that since Sec. 4-202, Applications for Development Approval, Subsection 2., already requires the signature of "all legal and equitable owners of the parcel proposed for development", the matter might be simply handled through interpretation of the term "parcel" by the Community Development Coordinator. If you wish me to draft any amendatory language, please let me know. From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Tuesday, August 04, 2009 4:23 PM To: Dougall-Sides, Leslie; Delk, Michael Cc: Tom Nash Subject: Pending Ordinance # 8044-09 Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 449-8966 FAX. (727) 442-8470 E-mail: koh c macfar.com Please visit www.mfmiegal.com for more information about our Firm MArCFAR.II ANE FERGUSON & MC ILL LEN This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (infbQmfmlepal.corn . Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, • • Matzke, Lauren From: Delk, Michael Sent: Tuesday, August 04, 2009 8:28 AM To: Matzke, Lauren Cc: Clayton, Gina; Dougall-Sides, Leslie Subject: RE: GM09-1420-038: RE: Resort Dwelling Ordinance Lauren - I could not see a need to revise the definition. The property owner can limit to two weeks or whatever they want. mld -----Original Message----- From: Matzke, Lauren Sent: Monday, August 03, 2009 4:32 PM To: Delk, Michael Subject: FW: GM09-1420-038: RE: Resort Dwelling Ordinance Michael -- Gina forwarded me some of the emails within this dialog so that I can attempt to finish it up early this week. I was wondering if you had received a response to this particular email. It seems as though the main issue is that the existing definition implies that it can only be either 1) full time residence or 2) rented for a month or less at a time, nothing in between. Am I reading this all correct? Thanks -----Original Message----- From: Clayton, Gina Sent: Friday, July 31, 2009 4:10 PM To: Matzke, Lauren Subject: FW: GM09-1420-038: RE: Resort Dwelling Ordinance -----Original Message----- From: Clayton, Gina Sent: Thursday, July 30, 2009 11:30 AM To: Delk, Michael Subject: RE: GM09-1420-038: RE: Resort Dwelling Ordinance What about your opinion on her definition. Ed and Cyndi do not support our definition as prepared. Wondering if Pam we weigh in . . . . . -----Original Message----- From: Delk, Michael Sent: Thursday, July 30, 2009 11:15 AM To: Clayton, Gina; Dougall-Sides, Leslie Cc: Akin, Pam Subject: RE: GM09-1420-038: RE: Resort Dwelling Ordinance Leslie - I agree with Gina's prior comment about us not being concerned with one-day rentals. If someone goes through this process for approval of a resort dwelling use, then I want their 1 • • burden to decide and handle terms of rental. I do not want us to any longer be making or enforcing those provisions. As far as Mr. Cline's concerns are concerned, buyers will be burdened with their own due diligence if they acquire a residential unit in a resort dwelling location. mld -----Original Message----- From: Clayton, Gina Sent: Thursday, July 30, 2009 11:03 AM To: Dougall-Sides, Leslie Cc: Akin, Pam; Delk, Michael Subject: RE: GM09-1420-038: RE: Resort Dwelling Ordinance The issue with the way it was drafted is it is not quite clear that you can rent for two or three months or have a combination of'properties that are occupied by various lengths of times. -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, July 30, 2009 10:59 AM To: Clayton, Gina Cc: Akin, Pam Subject: GM09-1420-038: RE: Resort Dwelling Ordinance I prefer not to use the term "transient" because it is used in the Countywide Rules and our use of it may create an ambiguity by implying adoption of their definition. We do not use "transient", we use "overnight accommodation". Also, the adjectival use at the beginning is inconsistent with the provision later in the definition that Resort Dwelling Unit also includes residential uses. Yesterday's suggested revision from you was: Dwelling, resort attached means a dwelling unit located in the Tourist Zoning District that shares one or more common walls with at least one other dwelling unit and the occupancy of which may occur for any length of time. Resort attached dwellings may include any combination of full-time and/or transient occupants. (transient tenancies????) My comments re that: The last sentence uses the term "transient", and also adds "full-time", without definitions of such types of occupants. I still like my previous version, which was: Dwelling, resort attached means a dwelling unit located in the "Tourist" ("T") Zoning District that shares one or more common walls with at least one other dwelling unit and the occupancy of which occurs, or which is offered or advertised as being available, for a term of less than 31 days or one calendar month, whichever is less, and shall also include those residential uses allowed in the "Tourist" ("T") Zoning District. If that is not clear enough, maybe we could add: "specifically, attached dwellings and accessory dwellings". Those are the only permitted residential uses appearing in Chart 2- 100. Harry Cline also indicated to me that he has some concerns re the rights of unit owners where a developer has not relinquished control over the association and thus will be able to get majority approval to allow Resort Dwelling Units despite opposition of unit owners who z purchased without knowledge that this could occur. He indicated that he would be submitting comments and/or appearing at CDB/CC. Reminder: please provide the final version of the Ordinance to Gwen for our records since we do not have a document in our Ordinance drive; thanks! -----Original Message----- From: Clayton, Gina Sent: Thursday, July 30, 2009 10:27 AM To: Dougall-Sides, Leslie Subject: FW: Resort Dwelling Ordinance Attached is JMC's proposal for the definition of resort attached dwellings. Please review the idea I sent you yesterday and this one. With regard to Cyndi's draft, I think we need to allow rentals for one day - her proposal suggests one week. -----Original Message----- From: Cyndi Tarapani [mailto:CTarapani@fldesign.com] Sent: Thursday, July 30, 2009 10:14 AM To: Clayton, Gina Cc: Ed Mazur; John Hobach; E.D. Armstrong Subject: Resort Dwelling Ordinance Gina- as we discussed, we would like to propose some language that we believes clarifies the City's intent for the resort dwelling and is consistent with the intended use of the Marquesas site. The only revision proposed is to the definition of Resort Attached Dwelling and the revision is attached to this e-mail in a strike through/ underline format. After your review, would you please let me know your thoughts? Thanks as always for your help. Cyndi Tarapani Florida Design Consultants ctarapani@fldesign.com Office: 727-849-7588 Cell: 727-642-2030 3 0 0 Matzke, Lauren From: Clayton, Gina Sent: Tuesday, June 30, 2009 4:03 PM To: Matzke, Lauren Subject: FW: Resort Dwellings From: Delk, Michael Sent: Tuesday, June 30, 2009 4:02 PM To: Clayton, Gina Subject: RE: Resort Dwellings Yes From: Clayton, Gina Sent: Tuesday, June 30, 2009 3:48 PM To: Delk, Michael Subject: Resort Dwellings Resort Dwellings -do you support in all T zoned areas or just Clearwater Beach? I vote all T Districts 0 0 Matzke, Lauren From: Clayton, Gina Sent: Tuesday, June 30, 2009 1:17 PM To: Matzke, Lauren Subject: FW: Yet another question From: Delk, Michael Sent: Tuesday, June 30, 2009 1:16 PM To: Clayton, Gina Subject: RE: Yet another question Yes. I believe that whether uses are accessory or not, whether and how many reserve units may be obtained or not, and whether or not mixed use equations are performed are all separate issues which should stand alone in their respective consideration. From: Clayton, Gina Sent: Tuesday, June 30, 2009 1:10 PM To: Delk, Michael Subject: FW: Yet another question Have you had a chance to think about the e-mail I copied you on seeking your opinion? Thanks! From: Matzke, Lauren Sent: Tuesday, June 30, 2009 12:55 PM To: Clayton, Gina Subject: RE: Yet another question Any word from Michael? I know it's only Tuesday, but since I'm making myself available to answer questions to staff (Wayne), I figured I'd see if we knew Michael's interpretation as well. From: Clayton, Gina Sent: Friday, June 26, 2009 9:14 AM To: Tefft, Robert; Matzke, Lauren Cc: Delk, Michael Subject: RE: Yet another question importance: High The way I understood it is that once accessory uses exceed 15%, they are considered primary uses for the purposes of calculating development potential and parking. We probably need to discuss with Michael because after a conversation with him last week I'm not sure that's his perspective. Michael - could you weigh in? Thanks. • From: Tefft, Robert Sent: Friday, June 26, 2009 8:53 AM To: Matzke, Lauren Cc: Clayton, Gina Subject: RE: Yet another question 0 Thank you Lauren... but I'm still not sure as to whether we would calculate only that portion of the accessory uses in excess of 15%, or the total amount of accessory uses. From: Matzke, Lauren Sent: Friday, June 26, 2009 7:56 AM To: Tefft, Robert Cc: Clayton, Gina Subject: RE: Yet another question If you have any suggested language changes at this point, let me know. I'm adding in the language for Section 2-801.1 right now and was going to send everything out (again) since Leslie hasn't really reviewed anything yet anyway. Robert had suggested striking proposed at the end of this language because it may be a loophole. I agree, so I was going to speak with Catherine about making that change before sending the draft out this afternoon. C. Where the square footage of the combined accessory uses within the interior of buildings located on the property exceeds 20% of the building footprint, additional parking shall be provided. The number of parking spaces required shall be based on: i. the amount of square footage exceeding 20% of the building footprint: ii. the parking standards for the most intensive accessory use sse Robert - thanks for your feedback and taking the time to really scrutinize this at this point. I appreciate everyone's feedback. Happy Friday! Lauren From: Tefft, Robert Sent: Thursday, June 25, 2009 1:13 PM To: Matzke, Lauren Cc: Clayton, Gina Subject: Yet another question d. Interior accessory uses exceeding 35% of the building footprint or 15% for projects receiving density from the Hotel Density Reserve shall be considered a primary use for the purposes of calculating the development potential and parking requirements for the project. For the above - would we calculate only that portion of the accessory uses in excess of 15%, or would the entire amount of accessory uses be calculated? • L' Matzke, Lauren From: Clayton, Gina Sent: Monday, June 29, 2009 1:35 PM To: Matzke, Lauren Subject: RE: GM09-1420-038: RE: TA2009-01004 - Ordinance 8044-09 TITLE and Maps Please incorporate From: Matzke, Lauren Sent: Monday, June 29, 2009 1:34 PM To: Clayton, Gina Subject: FW: GM09-1420-038: RE: TA2009-01004 - Ordinance 8044-09 TITLE and Maps I think this is fine. Minor changes to your stuff. Any thoughts or just incorporate? From: Dougall-Sides, Leslie Sent: Monday, June 29, 2009 1:25 PM To: Matzke, Lauren Subject: RE: GM09-1420-038: RE: TA2009-01004 - Ordinance 8044-09 TITLE and Maps Lauren, I've reviewed the draft definition of Dwelling, Resort Attached and those from other jurisdictions and propose the following [underline indicates new language]: Dwelling, resort attached means a dwelling unit located in the "Tourist" ("T") Zoning District that shares one or more common walls with at least one other dwelling unit and the occupancy of which occurs, or which is offered or advertised as being available, for a term of less than 31 days or one calendar month, whichever is less. From: Matzke, Lauren Sent: Wednesday, June 24, 2009 9:05 AM To: Dougall-Sides, Leslie; Clayton, Gina Subject: RE: GM09-1420-038: RE: TA2009-01004 - Ordinance 8044-09 TITLE and Maps Leslie - Thanks for your feedback. As Gina mentioned, this ordinance is adding both a new use and adding criteria addressing accessory uses for overnight accommodations in C and T. The ordinance has expanded since the early conception. 1. At the time I sent the complete language for the ordinance, I hadn't added in the language for 2-801.1. Gina reminded me that this was still an open item, so I added it to the title, but would still like your guidance on how to address in Section 2-801.1. We want to be sure it is clear that the residential density (30 units/acre) applies to residential units and the new resort attached dwelling units. 2. Since this is two different topics, please confirm that the title should remain the same. Thanks. 3. You are correct -- I didn't show Restaurants as K (underline/strikethrough). I will add that in the ordinance so it is clear. We are placing the criteria for Resort Attached Dwellings in above Restaurants. 4. Do you still want this language included? Should it be expanded to also include reference to accessory uses for overnight accommodations? C7 • I will make these changes to the ordinance. When you have time today, can we speak about the remaining questions? would like to be able to provide you with a true draft of the ordinance, including the definition and changes to 2-801.1 so you can complete your review. Thanks! Lauren From: Dougall-Sides, Leslie Sent: Tuesday, June 23, 2009 4:51 PM To: Matzke, Lauren; Clayton, Gina Subject: GM09-1420-038: RE: TA2009-01004 - Ordinance 8044-09 TITLE and Maps Re Title: 1. 1 don't see an amendment to Sec. 2-801.1 in the Ordinance sent to me yesterday. 2. 2-8031. is referenced twice, the first time to create flexibility criteria for resort attached dwelling use and the second time to add flexibility criteria for overnight accommodations accessory uses. The latter seems to be what the amendment actually does, so omit the former. 3. 1 don't see any relettering in the ordinance as referenced for 2-8031. 4. Ideally, add to second line after "Code": "Relating to Resort Attached Dwellings and Accessory Uses". Re the ordinance itself: If we are adding a new definition and use of Resort Attached Dwelling, why are we amending the Overnight Accommodations use to add the accessory uses? Are these two different things? How will accessory uses to Overnight Accommodations apply to the new category? From: Matzke, Lauren Sent: Tuesday, June 23, 2009 3:36 PM To: Clayton, Gina; Dougall-Sides, Leslie Subject: FW: TA2009-01004 - Ordinance 8044-09 TITLE and Maps Gina, Leslie - Attached is the information I have sent to Sherry to forward to the Clerk's office. I understand both of you were extremely busy today, and Sherry needed to get the Title and Maps to them to meet our deadlines with their office. I added language to the Title to address changes to Section 2-801.1 (density provisions for Resort Attached Dwelling). If you feel this language was incorrect or is not needed, please let me know so that I can make the appropriate changes when I receive the Proof of the ad from the Clerk's office. Thanks. Lauren From: Matzke, Lauren Sent: Tuesday, June 23, 2009 3:32 PM To: Watkins, Sherry Subject: TA2009-01004 - Ordinance 8044-09 TITLE and Maps n Sherry - Please find attached the title and accompanying maps for Ordinance 8044-09. chance a minor piece of this may change, based on Gina's and/or Leslie's input. ASAP (by the time I read the proof of the ad). Thanks for your help. Lauren Lauren Matzke Planner Ill, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com • Please let them know that there is still a I will make any required corrections << File: 2x2 Map.pdf >> << File: 2x2 Map.doc >> << File: Ordinance No. 8044-09 TITLE.docx >> Matzke, Lauren From: Clayton, Gina Sent: Friday, June 12, 2009 5:01 PM To: Dougall-Sides, Leslie Cc: Matzke, Lauren Subject: RE: GM09-1420-038: RE: Resort Dwellings Thanks for responding! Lauren will provide you what see can. From: Dougall-Sides, Leslie Sent: Friday, June 12, 2009 4:17 PM To: Clayton, Gina Cc: Matzke, Lauren; Treuhaft, Linda Subject: GM09-1420-038: RE: Resort Dwellings Comments: Should it be "one or more common walls" to account for end units which may only share one? It needs to state that it is limited to the applicable Zoning District, T [Tourist] to avoid confusion with the short- term rentals. I would like to see some of the other jurisdictions' definitions. "Transient rental accommodations" definitions do not seem applicable because they encompass other types of units, e.g., hotel, motel. I looked for the Fernandina Beach Sed. 1.07.00, "Resort rental dwelling", but apparently Subpart B, Land Development Code, is not provided online. I'll ask Paralegal Linda Treuhaft to get a copy. is the current schedule for the ordinance first reading currently July 18 [since it was postponed]? From: Clayton, Gina Sent: Friday, June 05, 2009 2:01 PM To: Dougall-Sides, Leslie Subject: FW: Resort Dwellings Could you take a look at the definition I proposed for resort dwelling and let me know if this is a direction you support? Thanks! Gina From: Clayton, Gina Sent: Tuesday, May 19, 2009 4:35 PM To: Dougall-Sides, Leslie Cc: Matzke, Lauren; Porter, Catherine Subject: Resort Dwellings 0 0 Leslie - do you think we need a definition for resort attached dwelling? What do you think about combining the definitions of attached dwelling with overnight accommodations. (Please let me know what you think about somdthing like this: Dwelling, resort attached means a dwelling unit that shares common walls with at least one other dwelling unit and the occupancy of which occurs, or is offered or advertised as being available, for a term of less than 31 days or one calendar month, whichever is less. If you don't like that can you give us some guidance. We're trying to finalize the ordinance. The title is due to the Clerk on Friday but Lauren is going on vacation on Thursday afternoon. I think we also need to clarify the permitted density for the use. Should we add resort attached dwellings to Table 2-801.1 or will the use of the term "dwelling unit" in a definition of resort attached dwelling cover it? Thanks! Gina C] • Matzke, Lauren From: Delk, Michael Sent: Friday, June 05, 2009 1:05 PM To: Matzke, Lauren; Clayton, Gina Cc: Porter, Catherine; Tefft, Robert Subject: RE: Accessory Uses - Resort Attached Dwellings I vote yes. Gina? From: Matzke, Lauren Sent: Friday, June 05, 2009 1:04 PM To: Delk, Michael; Clayton, Gina Cc: Porter, Catherine; Tefft, Robert Subject: Accessory Uses - Resort Attached Dwellings We've been focusing on hotels lately, and for hotels we've discussed excluding outdoor uses like pools, decks, etc. from the maximum allowed percentage. Do we want to carry this same standard for Resort Attached Dwellings? If so, I'll make the language consistent with the hotel language Ibefore our next meeting. Thanks. Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com 0 • Matzke, Lauren From: Renee Ruggiero [renee@northsideengineeringservices.com] Sent: Thursday, June 04, 2009 4:46 PM To: Matzke, Lauren Subject: RE: hotel research Good afternoon Lauren, Below please find information regarding three major flags and the brands associated with them as per your request. IHG - Intercontinental Hotel Group • Intercontinental • Crowne Plaza • Hotel Indigo restaurant • Holiday Inn • Holiday Inn Express • Staybridge • Candlewood Starwood • LeMeridien • Luxury Collection • Four Points by Sheraton • St. Regis • Westin • W-Hotels • Aloft Restaurant • Element Restaurant Marriott • Marriott • JW Marriott • Renaissance • Courtyard • Residence Inn • Fairfield Inn • Marriott Conference Centers • Townplace Suites • Springhill Suites • Marriott Vacation Club • Ritz-Carlton • Marriott ExecuStay Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant IHG's Boutique Hotel - Upper Mid to Mid Luxury some with full service Mid-price - Can have full Service restaurant Mid-price - with breakfast bar Mid-price - Extended Stay with deluxe Breakfast Buffet Mid-price - Extended Stay with deluxe Breakfast Buffet Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Higher-Mid-Price to Low Luxury - Full Service with full service restaurant Higher-Mid-Price to Low Luxury - Extended Stay - No Full Service Higher-Mid-Price to Low Luxury - Extended Stay - No Full Service Higher-Mid-Price to Mid-Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Luxury - Full Service with full service restaurant Mid-Priced with Breakfast Buffet Mid-Priced Extended Stay with Breakfast Mid-Priced - Continental Breakfast Mid-Priced - Bistro/Cafe Mid-Priced Extended Stay Breakfast Mid-Priced - Extended Stay Breakfast Luxury Full Service Villas with full service restaurant Luxury Full Service with full service restaurant Luxury Extended Stay - with full service restaurant Renee Ruggiero, Senior Project Planner Northside 0 0 Matzke, Lauren From: Renee Ruggiero [renee@northsideengineeringservices.com] Sent: Tuesday, June 02, 2009 3:01 PM To: Matzke, Lauren Subject: RE: hotel research Good afternoon Lauren, The franchises normally look for a minimum of 160 keys to support a full service restaurant; this number can be decreased in an area that may offer heavy pedestrian traffic as the franchise understands restaurant business will come from the surrounding pedestrian environment providing additional support. Hotels from low to mid-price to high-end resort facilities can have full service restaurants, the menus and pricing just goes up or down to meet the price points of the guests (mid-priced hotel will have mid-priced menu but still full service). I hope this information is helpful to you; please let me know if you have additional questions,.I am happy to assist and support my community in anyway that I can. Best Regards, Renee Ruggiero, Senior Project Planner Northside (v) 727 443 2869 (f) 727 446 8036 (c) 727 235 8475 300 South Belcher Road Clearwater, F 33756 From: Lauren.Matzke@MyClearwater.com [mailto: Lauren. Matzke@ MyClearwater.com] Sent: Tuesday, June 02, 2009 11:54 AM To, renee@northsideengineeringservices.com Subject: hotel research Renee - I've left you a voicemail, but since I'll be out this afternoon, I wanted to follow-up with perhaps a little bit clearer of a request. I work with Gina Clayton and she thought perhaps you may be able to help. I am trying to get a feel for how large a hotel needs to be to support a full-service restaurant. I assume there is some sort of industry standard, but have not been able to locate the data. We were wondering if either you may have such data or might be able to ask some of your clients to get a feel for something of that nature. I hope this makes sense. I am meeting with Michael Delk and Gina on Thursday afternoon, so if you can help, that would be wonderful. Thank you in advance for any assistance you can provide. Lauren Matzke Planner Hl, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com • • Matzke, Lauren From: Clayton, Gina Sent: Thursday, May 14, 2009 5:02 PM To: Dougall-Sides, Leslie Cc: Matzke, Lauren Subject: RE: Meeting K - you didn't miss much. We decided to limit accessory uses to 10% of the building footprint for resort attached dwelling (can request 15% through FLD) and not allow any signage. We are still working on the accessory use issue for hotels. We are doing some additional research on code requirements (Daytona, Ft. Lauderdale and Pensacola). -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, May 14, 2009 12:05 PM To: Clayton, Gina Cc: Matzke, Lauren Subject: Meeting Sorry I missed the meeting, the HR disciplinary meeting ran until 11:30. Gina, I will call you later this p.m. for an update... Leslie K..Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources • • Matzke, Lauren From: Clayton, Gina Sent: Thursday, March 19, 2009 10:02 AM To: Matzke, Lauren Cc: Porter, Catherine; Delk, Michael Subject: RE: Resort Dwellings approach Thanks Lauren - my recollection was that we decided to use the permit approach to resort dwelling so we could allow older existing properties to rent out without having them go through some change of use process whereby they may not be able to meeting whatever parking, setback, landscaping, etc. requirements the new code would have. -----Original Message----- From: Matzke, Lauren Sent: Thursday, March 19, 2009 9:49 AM To: Clayton, Gina Cc: Porter, Catherine Subject: Resort Dwellings approach Gina -- Catherine. mentioned that there has been discussion about changing the approach we take with Resort Dwellings. She asked me to send you a summary of what we had discussed, what research I had done, etc. that might be helpful as you consider how to move forward. The other cities I had looked at primarily used three approaches: • Sanibel, the only city other than Fernandina Beach, that had a fairly exhaustive system, actually created a Resort Dwellings District with full standards. • Others defined Resort Dwellings and listed' it as a use, but for the most part didn't contain explicit standards beyond the occasional reference to parking. • Bay County established Zones and has additional standards. I'm attaching it for reference. In our discussion, the decision to follow Fernandina's Permit approach was made in part to avoid having to write explicit standards for this type of use. I believe the thinking was it would possibly make it encompass more of the varieties of buildings we have functioning as resort dwellings right now. But I don't have specific notes on this, it is from memory. If you would like me to forward any additional materials from my research, let me know. Thanks. Lauren Matzke Planner lll, City of Clearwater T: 727.562.4547 F: 727.562.4865 E: lauren.matzke@myclearwater.com << File: Seasonal Resort Zones - Bay County.pdf >> • • Matzke, Lauren From: Porter, Catherine Sent: Thursday, January 29, 2009 3:43 PM To: Matzke, Lauren Cc: Clayton, Gina Subject: RE: Resort Dwellings (Follow-up) AS we discussed with Michael and Gina today, Resort Dwellings will go as it's own Ordinance, but we will hold up Code V a month so that they can go on the same track. Pls. change Log. Thanks. Gina do you need to notify Agenda tracking? -----Original Message----- From: Matzke, Lauren Sent: Monday, January 26, 2009 4:13 PM To: Porter, Catherine Subject: RE: Resort Dwellings (Follow-up) Catherine -- This was the soonest Nancy could get us all back together. I'm just going to go out on a limb and say we will probably need to get Gina to extend the project by a month. To be honest, I think if we had the official extension, we could actually internally set the goal (adjust the benchmarks) to extend it 2 weeks only, and then just finish the reviews, etc. earlier than the drop dead deadline. The schedule was always fairly tight unless we opted to consolidate the review anyway. This is how I would prefer to proceed, but of course that is up to you, Gina, Michael or whomever else. Thanks. -----Original Appointment----- From: Porter, Catherine Sent: Monday, January 26, 2009 2:54 PM To: Matzke, Lauren Subject: Accepted: Resort Dwellings (Follow-up) When: Thursday, January 29, 2009 2:00 PM-3:00 PM (GMT-05:00) Eastern Time (US & Canada). Where: TA2009-01002 Research - Resort Dwellings Revised 01/27/09 "Resort Dwellings" and "Resort Condominiums" Old Florida District 1. 608 Bay Esplanade - "5th Street LLC" License Type: Resort Dwelling, Single PCPAO Land Use: Multi Family, Less than 10 units Living Units: 2 Year Built: 1950 # Stories: 1 Exterior Wall Construction: Concrete Block Stucco PCPAO "Quality": Average 2. 673 Bay Esplanade - "Five Palms Apt Motel" License Type: Resort Condominium, Group Living Units: 20 (estimate) PCPAO Land Use: Hotels, Motels Year Built: 1983 # Stories: 2 Exterior Wall Construction: Masonry PCPAO "Quality": Above Average -1- S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01004 - Resort Dwellings\Background Research\Maps\Resort Dwellings in Old Florida District.doc • • TA2009-01002 Research - Resort Dwellings Revised 01/27/09 3. 26 Cambria St - "Cambria Street LLC License Type: Resort Dwelling, Single PCPAO Land Use: Single Family Living Units: 1 Year Built: 1925 # Stories: 1 Exterior Wall Construction: Frame/Reclad Aluminum/Vinyl PCPAO "Quality": Average 4. 27 Cambria St - "27 Cambria LLC" License Type: Resort Dwelling, Group PCPAO Land Use: Multi Family, Less than 10 units Living Units: 2 Year Built: 1932 # Stories: 2 Exterior Wall Construction: Frame/Reclad Aluminum/Vinyl PCPAO "Quality": Average 5. 11 Idlewild St. - "Surfside Condo" License Type: Resort Condominium, Group PCPAO Land Use: Condominium Living Units: 18 (estimate) Year Built: 1984 # Stories: 6 Exterior Wall Construction: Reinforced Concrete PCPAO "Quality": Average 6. 15 Glendale St. - "Villas of Clearwater Beach" License Type: Resort Condominium, Group PCPAO Land Use: Condominium Living Units: 28 (estimate) Year Built: 1982 # Stories: 3 Exterior Wall Construction: Masonry PCPAO "Quality": Above Average -2- t:Wj JM 5:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01004 - Resort Dwellings\Background Research\Maps\Resort Dwellings in Old Florida District.doc • TA2009-01002 Research - Resort Dwellings Revised 01/27/09 7. 26 Heilwood St. - "Beach Huts" License Type: Resort Dwelling, Single PCPAO Land Use: Multi Family, Less than 10 units Living Units: 2 Year Built: 1925 # Stories: 2 Exterior Wall Construction: Concrete Block Stucco PCPAO "Quality": Average 8. 603 Mandalay Ave. - "Royal Camelot" License Type: Resort Condominium, Group PCPAO Land Use: Hotels, Motels Living Units: 22 (estimate) Year Built: 1950 # Stories: 2 Exterior Wall Construction: Masonry PCPAO "Quality": Average Information Sources ¦ Pinellas County Property Appraisers Site ¦ Florida Department of Business and Professional Regulation ¦ Site Visit -3- • S:\Planning Department\Community Development Code\2009 Code Amendments\TA2009-01004 - Resort Dwellings\Background Research\Maps\Resort Dwellings in Old Florida District.doc 0 0 Resort Dwellings PINELLAS Pp_,%??%.? PLANNING C 0U N C I L COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 3 3 75 5-41 60 Mayor Beverley Billiris, Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncii.org Vice-Mayor Jerry Knight, Vice-Chairman Mayor Pat Gerard, Secretary Commissioner John Morroni, Treasurer Vice-Mayor Nina Bandoni November 5 2009 Councilmember Sandra L. Bradbury Commissioner Dave Carson Councilmember John Doran Councilmember Jim Kennedy Gina Clayton School Board Member Linda S. Lerner Oddo Assistant Planning Director Commissioner Stephanie g Mayor Jim Ronecker cker City of Clearwater Mayor Patricia J. Shontz Municipal Services Building David P. Healey, AICP 100 S. Myrtle Avenue Executive Director Clearwater, FL 33756 RE: Consistency with the Countywide Rules - Resort Attached Dwellings Dear Gina: Having further reviewed the "resort attached dwelling" definition adopted per Ordinance 8044-09, the Council staff has concluded that this hybrid use, allowing both full-time residential use and short-term rentals, is consistent with the Rules, as it is a use limited to the Tourist zoning district and limited to a density equal to the zoning district's maximum residential density. Consistency issues would have arisen if the use had been allowed in a residential zoning district or at the higher temporary lodging use density. Please disregard the finding in my October 30th letter that the "resort attached dwelling" definition is inconsistent with the Rules. If you have any questions, please feel free to call me at 464-8250. SSiinccerely, Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC NOV 1 0 2009 PLANNING & DEVELOPMENT SERVICES CITY OF CLEARWATER PLANNING FOR THE PINELLAS COMMUNITY ? PINELLAS Plkv PLANNING COUNCIL 600 Cleveland Street, Suite 850 • Clearwater, Flo Telephone 727.464.8250 • Fax 727.464.8212 • t October 30, 2009 Lauren Matzke Planner III City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 COUNCIL MEMBERS 33 Mayor Beverley Billiris, Chairman -6 Vice-Mayor Jerry Knight, Vice-Chairman i. inn?jel?a'sn r VirE Mayor Pat Gerard, Secretary .' u Commissioner John Morroni, Treasurer I Vice-Mayor Nina Bandoni Councilmember Sandra L. Bradbury Commissioner Dave Carson NOV 29 Councilmember John Doran Councilmember Jim Kennedy School Board Member Linda S. Lerner PLANNING & DEVELOPMENT Commissioner Stephanie Oddo SERVICES Mayor Jim Ronecker Mayor Patricia J. Shontz CITY OF CLEARWATER David P. Healey, AICP Executive Director RE: Review of Adopted Amendments to the City of Clearwater's Land Development Regulations (LDRs) (Ordinance 8044-09) for Consistency with the Countywide Rules Dear Lauren: Thank you for forwarding the adopted amendments to the City's LDRs referenced above. Pursuant to the Countywide Rules, Council staff has reviewed the amendments for consistency with the Countywide Rules as follows: • The code amendments addressing accessory uses in overnight accommodation developments which received additional density through the Destination Resort Density Pool process in subsections 2-802.K.10.d and 2-803.I.1 Le are consistent with the Countywide Rules with the inclusion of the reference to the Beach By Design special area plan. It is Council's staff's understanding that all 600 rooms in this density pool have been effectively reserved (i.e., either constructed or approved to be constructed). • The revised definition of "dwellings, resort attached" is inconsistent with the Countywide Rules' definition of "temporary lodging use" because of the lack of restrictions on the term of occupancy. The Council staff had understood from previous discussions and from the ordinance's "whereas" clause, which indicates the resort attached dwelling use is intended to meet a demand for tourist accommodation use, that the use is intended as a temporary lodging use. The 1 PLANNING FOR THE PINELLAS COMMUNITY • • definition in the draft reviewed this past July was consistent with the Countywide Rules. • The remaining 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 forwarding the adopted code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, CC Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative 2 • • 1 ?? QF 1qf a' C Sys` ? . ? rCj?,d _`;`???,,? ITY OF C LEARWAT E R -?? POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 ='??? ;0? TELEPHONE 727) 562-4567 FAx 2 5624865 PLANNING DEPARTMENT October 12, 2009 Mr. David Healey, AICP Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, Fl 33755 Re: Final Ordinance No. 8044-09 (ITEM NO.: TA2009-01004) Dear Mr. Healey: Transmitted herewith are amendments to the City of Clearwater Community Development Code as adopted by the City Council on October 1, 2009. Should you have any questions, do not hesitate to contact me at (727) 562-4547 or latlren.m.atzke?%Inyelearwater.com. Sincerely yours, Lauren Matzke Planner III cc: Gina Clayton, Assistant Planning Director Catherine Porter, Long Range Planning Manager S:IPlminrng DepmYmentIConanunity Development Code12009 Code Amendlnents1TA2009-01004 - Resort AvellingslTA2009-01004 Final Transmittal Letter to PPCdoc ATIIA Q9 "EQUAL EMPLOYMENT AND AmpmATIVE ACTION EMPLOYER" Matzke, Lauren From: Matzke, Lauren Sent: Friday, July 17, 2009 10:56 AM To: 'Mettler, Christopher M' Subject: RE: resort attached dwelling units Chris - As we discussed by phone, the City has agreed to reference Beach by Design within the code language exempting those properties that received density from the Destination Resort Density Pool (3 approved projects) so that there is no confusion as to which rules continue to apply. Other than this, did you have any other concerns regarding the proposed amendment? As Gina mentioned, we are continuing to modify the proposed ordinance based on additional research, but the overall objective remains the same. You will be provided with an updated version when we have completed this process. At this time we have decided to postpone presenting the ordinance to the Community Development Board until their August 18 meeting. Please let me know if you have any questions. Thanks. Lauren From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Thursday, July 09, 2009 2:48 PM To: Matzke, Lauren Subject: RE: resort attached dwelling units Hi Lauren- The proposed code amendments are potentially inconsistent with the Rules by waiving the code's accessory use restrictions for projects which receive additional density via the density pool. One way to deal with this would be to refer to the BBD accessory use restrictions the projects would be subject to. 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: Lauren.Matzke@MyClearwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Thursday, July 09, 2009 2:35 PM To: Mettler, Christopher M Subject: RE: resort attached dwelling units Hey there - Sorry I couldn't be more help on the phone after all. I don't know BBD nearly as well as others, but everyone is tied up in meetings this afternoon. Hence the need to translate our conversation later. I did just want to check and make sure you understood that this exclusion applies only to those 3 hotels that are either already built or in process/approved for construction, and not the new density pool that was created when BBD was amended for future hotel projects. I still get it twisted sometimes, and may not have made that clear when we spoke. Anyway, thanks (in advance) for your email. I'll see what information I can gather for you. Lauren From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Wednesday, July 08, 2009 12:24 PM To: Matzke, Lauren Subject: FW: resort attached dwelling units Hi Lauren- What is the City's theory or goal in subsections 2-802.K.I O.d and 2-80311 L g, in which by adding density via the density pool the accessory use restrictions are negated? Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLFVELAND STREET, SUITE 850 CAE ARwATER, FL 33755-4] 60 PH: 727.464.8250 FAX: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG From: Mettler, Christopher M Sent: Thursday, July 02, 2009 11:07 AM To: 'Lauren.Matzke@MyClearwater.com' Subject: RE: resort attached dwelling units An accessory use that is not subject to 2-802.K.10.a or 2-803.I.1 La does not sound like an accessory use. CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SI%ITE 850 CLEARW ATER, FL 33755-4160 PH: 727.464.8250 FAX: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG From: Lauren.Matzke@MyClearwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Thursday, July 02, 2009 11:02 AM To: Mettler, Christopher M Subject: RE: resort attached dwelling units Yes, thanks. Our eyes had missed that. I copied the language from elsewhere and didn't get it entirely corrected. Sorry. It should read 2-802.K.10.a-c. Appreciate your letting me know! Lauren From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Thursday, July 02, 2009 10:53 AM To: Matzke, Lauren Subject: resort attached dwelling units Hi Lauren- The proposed amendments establishing subsection 2-802.K.10.d refer to subsection 2-803.1.10.a-c, but I do not see such a subsection existing or proposed. Is this a typo? What should the reference be? Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PH: 727.464.8250 FAY: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG 0 0 Matzke, Lauren From: Mettler, Christopher M [cmettler@co.pinellas.fl.us] Sent: Thursday, July 09, 2009 2:48 PM To: Matzke, Lauren Subject: RE: resort attached dwelling units Hi Lauren- The proposed code amendments are potentially inconsistent with the Rules by waiving the code's accessory use restrictions for projects which receive additional density via the density pool. One way to deal with this would be to refer to the BBD accessory use restrictions the projects would be subject to. Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PH: 727.464.8250 FVX: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG From: Lauren.Matzke@MyClearwater.com [mailto: Lauren. Matzke@MyClearwater.com] Sent: Thursday, July 09, 2009 2:35 PM To: Mettler, Christopher M Subject: RE: resort attached dwelling units Hey there - Sorry I couldn't be more help on the phone after all. I don't know BBD nearly as well as others, but everyone is tied up in meetings this afternoon. Hence the need to translate our conversation later. I did just want to check and make sure you understood that this exclusion applies only to those 3 hotels that are either already built or in process/approved for construction, and not the new density pool that was created when BBD was amended for future hotel projects. I still get it twisted sometimes, and may not have made that clear when we spoke. Anyway, thanks (in advance) for your email. I'll see what information I can gather for you. Lauren From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Wednesday, July 08, 2009 12:24 PM To: Matzke, Lauren Subject: FW: resort attached dwelling units Hi Lauren- What is the. City's theory or goal in subsections 2-802.K.IO.d and 2-803.I.1 Lg, in which by adding density via the density pool the accessory use restrictions are negated? Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS.PLANNING COUNCIL 0 0 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PIi: 727.464.8250 FAY: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG From: Mettler, Christopher M Sent: Thursday, July 02, 200911:07 AM To: 'Lauren.Matzke@MyClearwater.com' Subject: RE: resort attached dwelling units An accessory use that is not subject to 2-802.K.10.a or 2-803.I.1 l.a does not sound like an accessory use. CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COIJNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 PH: 727.464.8250 FAX: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG From: Lauren.Matzke@MyC[earwater.com [mailto:Lauren.Matzke@MyClearwater.com] Sent: Thursday, July 02, 2009 11:02 AM To: Mettler, Christopher M Subject: RE: resort attached dwelling units Yes, thanks. Our eyes had missed that. I copied the language from elsewhere and didn't get it entirely corrected. Sorry. It should read 2-802.K.10.a-c. Appreciate your letting me know! Lauren From: Mettler, Christopher M [mailto:cmettler@co.pinellas.fl.us] Sent: Thursday, July 02, 2009 10:53 AM To: Matzke, Lauren Subject: resort attached dwelling units Hi Lauren- The proposed amendments establishing subsection 2-802.K.10.d refer to subsection 2-803.1.10.a-c, but I do not see such a subsection existing or proposed. Is this a typo? What should the reference be? Chris CHRISTOPHER M. METTLER PROGRAM PLANNER PINELLAS PLANNING COUNCIL 600 CLEVELAND STREET, SUITE 850 CLEARWATER, FL 33755-4160 Pii: 727.464.8250 FAX: 727.464.8212 W W W.PINELLASPLANNINGCOUNCIL.ORG PINELLAS PLANNING _J_RLPskt-? COUNCIL COUNCIL MEMBERS 600 Cleveland Street, Suite 850 • Clearwater, Florida 33755-4 Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellas July 16, 2009 Lauren Matzke Planner III City of Clearwater Municipal Services Building 100 S. Myrtle Avenue Clearwater, FL 33756 C JUL 2 - ( 2M S PLANNING 8 DEVELOPMENT SERVICES CITY OF CLEARWATER Beverley Billiris, Chairman ?rry Knight, Vice-Chairman layor Pat Gerard, Secretary ier John Morroni, Treasurer ommissioner Nina Bandoni ember Sandra L. Bradbury :ommissioner Dave Carson :ouncilmember John Doran )uncilmember Jim Kennedy rd Member Linda S. Lerner imissioner 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 8044-09) for Consistency with the Countywide Rules Dear Lauren: Thank you for forwarding the proposed amendments to the City's LDRs referenced above. In our telephone conversation on July 10"', Gina Clayton indicated that the ordinance is being revised to further address limitations on accessory uses. We look forward to reviewing the revised amendments. In the meantime, pursuant to the Countywide Rules, Council staff has reviewed the proposed amendments for consistency with the Countywide Rules as follows: • The proposed code amendments creating subsections 2-802.K.10.d and 2- 803.I.1l.g are not consistent with the Countywide Rules by establishing conditions under which an accessory use is not limited to a use incidental to and subordinate to the permitted principal use and by negating the size limitations relative to the principal use. In our telephone conversation on . July 10th, Gina indicated these amendments would be revised to provide references to the Beach By Design special area plan. The amendments otherwise establishing overnight accommodation accessory uses and resort attached dwelling accessory uses are consistent with the Rules. • The proposed definition for "resort attached dwelling," intended to address short-term rentals of a residential nature, is classified as a temporary lodging use per the Countywide Rules. The Council staff recommends defining "resort attached dwelling" as a "use" rather than a "unit" and including a reference to 1 PLANNING FOR THE PINELLAS COMMUNITY 0 0 the City's definition of "overnight accommodations." The City may also want to provide a definition of "resort attached dwelling unit" for further clarity. • The proposed density standard to be applied to resort attached dwelling uses in the Tourist zoning district is consistent with the Rules. The Countywide Rules' density/intensity standard for mixed uses does not allow the combination of residential and temporary lodging uses to exceed the respective number of units per acre when allocated in their respective proportion to the net land area of the property. By limiting the density of the combined units to the maximum residential use density standard, which is always lower than the maximum temporary lodging use density standard, the density standard proposed for the Tourist zoning district will be more restrictive and therefore consistent with the Countywide Rules. • The remaining 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 forwarding the proposed LDRs amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, (1 0 Christopher M. Mettler Program Planner cc: Councilmember John Doran, PPC Representative 2 s??`v''?E$ff? ??°}ggg44 PLANNING DEPARTMENT June 30, 2009 • CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 337584748 MUNICIPAL SERVICEs BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 5624567 FAx (727) 5624865 Mr. David Healey, AICP Executive Director Pinellas Planning Council, Suite 850 600 Cleveland Street Clearwater, Fl 33755 Re: Draft Ordinance No. 8044-09 (ITEM NO.: TA2009-01004) Dear Mr. Healey: Pursuant to Div.3.2 CONSISTENCY REQUIREMENT of The Countywide Plan Rules, the City of Clearwater is submitting a set of proposed amendments to the City of Clearwater Community Development Code for your receipt and for consistency review. These proposed amendments are scheduled for a public hearing. by the local planning agency on July 21, 2009. The City Council first reading date is scheduled for August 20, 2009, and second reading date is scheduled for September 3, 2009. Please note that the proposed code amendments are still in review and revision stage by City staff, as the ordinance as a whole is a draft document. This draft will be finalized for distribution to the Community Development Board by July 16, 2009. At that time the updated document will be provided to you. Sincerely, Lauren Matzke Planner III cc: Gina Clayton, Assistant Planning Director Catherine Porter, Long Range Planning Manager Attachment: DRAFT Ordinance 8044-09 (Draft Date 06/30/09) "EQUAL EMPLOYMENT AND AFFIRMAME ACTION EMPLOYER 46 0 f ODO CEDARWOOD DEVELOPM August 14, 2009 Sherry Watkins Administrative Analyst Planning Department City of Clearwater 112 S. Osceola Avenue Clearwater, FL Proposed City Ordinance 8044-09 Dear Sherry; • 'a r v iAU& ( 9 Sao fW4RCA pIANNINSE CCES President CITY OF CLEAMI???RFALLON on s? ential-Mixed Use Development I reviewed the Staff report for proposed City Ord. 8044-09 regarding modification to the "Proposed Accessory Uses Requirements for Hotels in Commercial & Tourist Districts Approved through the DRC". The ordinance proposes to limit Hotel accessory uses to 10% of the gross floor area. This blanket requirement may require reduction in brand standards for some of the very limited service products the City wants to see developed in Clearwater beach area. I did an area summary for a prototypical Hampton Inn, interior corridor with and an exterior pool ( 81 keys) and here is what I found: Accessory areas: Meeting room & related storage: Breakfast area/ Pantry/ Prep Kitchen Laundry Exercise Room Business Ctr. TOTAL 1,040 s.f. 2,050 s.f. 700 s.f. 450 s.f. 110 s.f. 4,350 s.f. 9.5% of gsf Gross Building area: 1 st Floor 11,600 2"d Floor 11,420 3rd Floor 11,420 4th Floor 11,420 s.f. TOTAL 45,860 s.f. As you can see from the prototype area summary above, there is no room to modify the prototype building program requirements, in order to meet local market requirements. The exercise room is too small for this beach location, the prep kitchen/ pantry/ breakfast area is tight, given the desire to have relaxed seating area for breakfast, lunch and evening bar experience. A MULTI-SERVICE REAL ESTATE DEVELOPMENT FIRM 1765 MERRIMAN RD. AKRON, OH 44313 T 330-836-9971 F 330-865-0506 www.cedarwooddevelopment.com le ' ' ;* 0 0 If an owner/developer is limited to 10% of the gross building area to accommodate accessory uses for the Clearwater Beach area, then they will only have 236 s.f. of program area to enhance the hotel program for the Clearwater market. The proposed 10% criteria is too severe! If you factor in the Beach by Design limitation (5%), you can not meet minimum brand standards for the Hampton Inn product. I would suggest the ordinance be modified to set the minimum accessory factor at 15% to allow a developer to hit brand standards for varying Hotel products and to enhance the standards for local market conditions. The parking limitation proposed in this ordinance should be dropped for any accessory uses below the 15% factor. Thank-you for considering my concerns as it relates to the responsible criteria for hotel development in the City of Clearwater. Sincerely __" ev . Fallon Vice President 0 0 Matzke, Lauren From: Clayton, Gina Sent: Tuesday, August 11, 2009 11:22 AM To: Matzke, Lauren Subject: FW: GAC input requested For your file. From: Delk, Michael Sent: Monday, August 10, 2009 4:00 PM To: Clayton, Gina Subject: FW: GAC input requested -----Original Message----- From: Kathleen Peters [mailto:kpeters@clearwaterflorida.org] Sent: Monday, August 10, 2009 1:00 PM Subject: GAC input requested GAC members, As discussed at the August 5 GAC meeting, the Chamber has drafted a letter stating the Chamber's position on density for mid-priced hotels. Please review the following letter and send any objections or confirmations you may have tome no later than Friday, August 14. Thank you for your participation with the Government Affairs Committee Dear Mayor and Council members: On behalf of the Board of Directors and Membership of the Clearwater Regional Chamber of Commerce, we would like to thank you for supporting changes to Beach by Design in April 2008, increasing the density for mid- priced hotels. The ordinance, however, fails to address the practical issue of fitting a high number of units on a smaller parcel of land while still providing sufficient flexibility in floor area ratio and height to allow for appropriate accessory uses. These properties require meeting/conference space, restaurants, pools and exercise rooms as accessory uses to the hotel in order to better serve their guests. We respectfully request the City amend Beach by Design which would allow a certain amount of accessory uses, without reducing the number of units available for development under the applicable land use plan designation and zoning for the subject property. By establishing a reasonable, quantifiable allowance of floor area for accessory uses, outside of the standard floor area ratio restrictions, the City can further create an environment to encourage the development of competitive, mid-priced hotels on the beach. The City should define the allowance of accessory use to sufficiently balance the impact of increased mass of the building to the surrounding community. Any accessory use included in the hotel above this allowance should then be included in the standard floor area ratio calculation. • • The Chamber desires an outcome that balances the means for hoteliers to provide the services necessary to maintain a tourist base with the design criteria and recognition of infrastructure limitations that has served as a guide for beach redevelopment. We welcome the opportunity to meet with you to discuss this matter. Thank you for your consideration. Sincerely, Kathleen Peters Vice President Public Affairs Clearwater Regional Chamber of Commerce The Premier Voice of Business 1130 Cleveland Street Clearwater, FL 33755 Phone: 727.461.0011 x222 Fax: 727.449.2889 Cell:727.656.3821 k_petersp_clearwaterflori da. orQ www.clearwaterflorida.org E • MACFARLANE FERGUSON & MCMULEEN ATTORNEYS AND COUNSELORS AT LAW 1611 HARDEN BOULEVARD LAKELAND. FLORIDA 33803 1863) 687-8320 FAX 1863) 683.2849 ONE TAMPA CITY CENTER, SUITE 2000 201 NORTH FRANKLIN STREET P.O. BOX 1531 (ZIP 33601) TAMPA, FLORIDA 33602 (813) 273-4200 FAX(813)273-4396 www.mfmlegal.com EMAIL: info®mfmlegal.com 625 COURT STREET P. O. BOX 1669 (ZIP 33757) CLEARWATER. FLORIDA 33756 1727)441-6966 FAX(727)442-8470 IN REPLY REFER TO: Clearwater August 4, 2009 Leslie Dougall-Sides Assistant City Attorney City of Clearwater Post Office Box 4748 Clearwater, FL 33757-4748 Re: Pending Ordinance # 8044-09 Dear Leslie: Following up on our phone conversation on Monday, Tom Nash and I met with Mike Delk about the above-referenced ordinance. Stated very generally, the intent is to allow short-term rentals in condominium units in Tourist designated areas, following City Approval. Our concern is that the ordinance being created does not clearly establish that, within an existing condominium, all unit owners must join in an application with the City, before that property will be approved for any short-term rentals. I understand that requiring 100% of the owners to join in the application is currently City policy, but since the application process simply says that "Owners" must sign the application, it begs the question as to whether that is only the Owner wanting to rent his or her unit, or whether it would be all of the owners within a single condominium. It would be very unfair and we think inappropriate if a single owner could come forward and apply for this short-term rental approval, and given the fact that we are advised current policy requires 100% of the owners within any individual condominium building or project, we would ask that this be specified and clarified in the pending ordinance. Possibly a definition of "Owner" in Section 8-102, as requiring approval by all owners in any application for short-term rentals, would be the best way to address this concern. To the extent you and the City agree, would you please send us a copy of any drafting you might do along these lines. Also, if for any reason the City decides not to include this within the pending ordinance, would you please let us know before the scheduled hearings. August 4, 2009 Page 2 As always, thank you for your assistance. HSC:koh Sincerely yours, H S. Cline 0 cc: Mr. Michael Delk Thomas C. Nash, Il, Esq. July 15. 2009 Dear Mayor Frank Hibbard and City Councilmen, Over the past few weeks I have heard various scenarios that could reduce the number of rooms that a property owner could expect to build on his property when requesting rooms from the new density reserve for midsized hotels. Most, if not all of these scenarios, involved the number of moms being reduced because of FAR deductions for such things as meeting space, restaurants, pools, bars etc. It is my understanding, that the density reserve is to help.repienish rooms lost on the beach, and is aimed at midsized hotels as opposed to large resorts. As you may know, our firm concentrates on midsized hotels such as ]loiiday Inn, Radisson, and Ramada as well as a few midsized independents. I think that these are the type of brands that are needed on the beach, but think that it is a mistake to penalize the number of units that can be built on a site for the above mentioned accessory (and necessary) amenities. Please consider the following: 1. Most. if not all F:laged' Hotels (branded hotels such as Holiday .Inn, )Tilton, Radisson etc), require the owner to provide a.restaurant serving 3 meals a day and a bar. In addition, meeting space is a necessity/ requirement even at a tidsized hotel especially when you are required to have a restaurant. Without these and other amenities such as a workout area. pooLbar. gift shop etc. it is unlikely that a chain would be willino to Flag the property. 2. For all practical purposes, most every hotel requesting units from the density reserve will need to build structure parking. This adds a significant cost to the project. As such, it is imperative to be able to build enough units on the site to justify this added cost. In my opinion, reducing tiie unit count because of FAR issues on these required and necessary amenities is counter productive,and will hurt the goals we are trying to achieve on the beach. 3. If the parking requirements are sgoing to.increase to 1.2 spaces per room from the current. I space per room, this will make my comment above all the more relevant. . 4, 1 can understand if these FAR calculations related to the high end resort property with day spas, several restaurants etc., as these types of properties require an inordinate amount of amenity space, but your fain il branded hotels which are midsized will thrive off of each other. They will come in the form of full service _ and limited service, but for sure they need each other to survive.long terra. As such, the full service midsized hotel should not be punished for Navin; these needed amenities. Thank you for taking the time to consider my opinion. I can be reached anytime at. 262-893-8228 Very truly yours, Jeff Keierleber 13555 Bishops Ct., Suite 345 Brookfield. WI 53005 262-797-9215 Fax: 262-797-9216 0 0 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER October 1, 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 - Father James Rousakis of the Greek Orthodox Church of the Holy Trinity 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations - Given. 4.1 FLC Hometown Hero - Cyndie Goudeau, City Clerk 4.2 Hispanic Heritage Month Proclamation - 9/15/09 - 10/15/09 4.3 October is Community Planning Month Proclamation - 10/09 5. Approval of Minutes 5.1 Approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. The Council 2009-10-01 0 • 8.1 Continue to October 22, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-07011 1923 N Betty Lane Vice-Mayor Paul Gibson moved to continue Item 8.1 to November 5, 2009. The motion was duly seconded and carried unanimously. 8.2 Adopt Ordinance No. 8044-09 on second reading, amending the Community Development Code relating to resort attached dwellings and overnight accommodations. Concern was expressed that changes allow increased accessory use without providing additional parking. Ordinance 8044-09 was presented for second reading and read by title only. Councilmember Carlen Petersen moved to adopt Ordinance 8044-09 on second and final reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson, and Mayor Frank Hibbard "Nays": Councilmember George N. Cretekos Motion carried. 8.3 Adopt Ordinance No. 8090-09 on second reading, annexing certain real property whose post office address is 1520 South Highland Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. Ordinance 8090-09 was presented for second reading and read by title only. Councilmember John Doran moved to adopt Ordinance 8090-09 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 and Vice-Mayor Paul Gibson. "Nays": None. Absent: Mayor Frank Hibbard. Council 2009-10-01 4 MeetingAGENDA • ? Page 1 of 4 City Council Agenda Location: Council Chambers - City Hall . Date: 10/1/2009- 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 FLC Hometown Hero - Rebecca O'Hara, FLC Legislative Director 15 Attachments 4.2 Hispanic Heritage Month Proclamation 2 Attachments 4.3 October is Community Planning Month Proclamation 1B Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 17, 2009 City Council Meeting as submitted in written summation by the City Clerk. 2 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.) http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=321 &MinutesMeeting1D=187 10/19/2009 MeetingAGENDA 0 0 Page 2 of 4 - 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 Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading. (ANX2009-07011) 2 Attachments 8. Second Readings - Public Hearing 8.1 Continue to October 22, 2009 second Reading of Ordinances 8093-09, 8094-09, 8095-09 - ANX2009-07011 1923 N Betty Lane fB Attachments 8.2 Adopt Ordinance No. 8044-09 on second reading, amending the Community Development Code relating to resort attached dwellings and overnight accommodations. 1B Attachments 8.3 Adopt Ordinance No. 8090-09 on second reading, annexing certain real property whose post office address is 1520 South Highland Avenue into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 2 Attachments 8.4 Adopt Ordinance No. 8091-09 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 1520 South Highland Avenue, upon annexation into the City of Clearwater, as Residential Low (RL). 1 Attachments 8.5 Adopt Ordinance No. 8092-09 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 1520 South Highland Avenue, upon annexation into the City of Clearwater, as Low Medium Density Residential (LMDR). 2 Attachments City Manager Reports 9. Consent Agenda 9.1 Award contracts (blanket purchase orders)to Baker and Taylor, Atlanta, GA - $250,000; and Ingram Library Services, Atlanta, GA - $170,000 for the purchase of library books and materials for the contract period October 2, 2009 through September 30, 2010 and authorize the appropriate officials to execute same. (consent) 13 Attachments 9.2 Accept funding totaling $200,738 from and approve the corresponding agreement with Coordinated Child Care for the "Charting a Course for Youth" programs for youth and teens and authorize the appropriate officials to execute same. (consent) http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=321 &MinutesMeetingID=187 10/19/2009 MeetingAGENDA Page 3 of 4 1B Attachments 9.3 Accept a Department of Justice, Bureau of Justice Assistance (DOJBJA) continuation grant in the amount of $50,000 for a one-year period to fund the Clearwater Area Task Force on Human Trafficking and authorize the appropriate officials to execute same. (consent) 2 Attachments 9.4 Approve a lease agreement between Pinellas Core Management Services, Inc. and the City of Clearwater for the Hispanic Outreach Center on premises located at 612 Franklin Street, Clearwater, Florida, for a period of three years commencing on November 1, 2009, and terminating on October 31, 2012, at a rental of $1.00 per year and authorize the appropriate officials to execute same. (consent) 2 Attachments 9.5 Approve the 2010 Council Meeting schedule. 1B Attachments 10. Other Items on City Manager Reports 10.1 Certify that Ruth Eckerd Hall, Inc., a non-profit corporation, is consistent with local plans and regulations including comprehensive plans for the Capitol Theatre proposed project and that Ruth Eckerd Hall, Inc. qualifies under the State's Community Contribution Tax Credit Program (CCTCP) for public resources and facilities affiliated with economic/community development efforts and adopt Resolution 09-36. 1B Attachments 10.2 Amend Appendix A, Schedule of Fees, Rates and Charges of the City of Clearwater Code of Ordinances relating to Article XI, Parks, Beaches, and Recreation as it relates to the criteria which establishes the class of city residents and pass Ordinance 8105-09 on first reading. 1B Attachments 10.3 Approve the collective bargaining agreement as negotiated between the City of Clearwater and the Fraternal Order of Police Supervisors for Fiscal Years 2009/10, 2010/11, and 2011/12. 2 Attachments 10.4 Appoint three members to the Municipal Code Enforcement Board with the terms to expire October 31, 2012. (B Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1 City Manager Verbal Reports 2 Attachments 12. Council Discussion Items 12.1 Regional Chamber of Commerce Ability to Fulfill Tourism Contract le Attachments 12.2 Resolution 09-46 2 Attachments http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=321 &MinutesMeetinglD=187 10/19/2009 MeetingAGENDA Page 4 of 4 13. Other Council Action 13.1 Other Council Action 15 Attachments 14. Adjourn http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=321 &MinutesMeetingID=187 10/19/2009 01 0 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER September 17, 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 - Dr. Vincent Taylor of the Central Church of the Nazarene. 3. Pledge of Allegiance - Mayor Frank Hibbard 4. Presentations 4.1 Service Awards Two service awards were presented to city employees. 4.2 Fire Prevention Week Proclamation - October 4 through 10, 2009 4.3 Public Natural Gas Week Proclamation - October 4 through 10 2009. 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. Councilmember Carlen Petersen moved to approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. The Council 2009-09-17 01 0 Two individuals expressed concerns with the proposed drainage feature overlay and how their unincorporated properties would be impacted. In response to questions, Engineering Director Mike Quillen said Pinellas County will be responsible for easement maintenance. The City may be asked to share costs should erosion repairs be required. Councilmember John Doran moved to continue Item 7.6 to October 1, 2009. The motion was duly seconded and carried unanimously. 7.7 Approve 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, and pass Ordinance 8044-09 on first reading. (TA2009-01004) The Planning Department is proposing amendments to the Community Development Code that address two issues: the creation of a new "resort attached dwellings" use within the Tourist District and the addition of criteria to address accessory uses within overnight accommodations uses in the Commercial and Tourist Districts. The details of the amendments are outlined below: New Resort Attached Dwellings Use Density limited to residential density of 30 units per acre; * Limited accessory uses are allowed; No exterior signage related to accessory uses permitted; * Defines "Dwellings, resort attached" within Section 8-102. Accessory Use Requirements for Overnight Accommodations in the Commercial and Tourist Districts: * Provides definition and limitations for the overall area accessory uses can comprise within an overnight accommodation project; * Requires accessory uses to be incidental, subordinate, and customarily accessory to overnight accommodations; * Excludes exterior uses, such as pools and tiki bars, from accessory floor area limitations- * Establishes a maximum floor area for those accessory uses located within the building interior, limiting them to 10 percent of the gross floor area of the development, or up to 15 percent of the gross floor area if additional parking is provided for the portion of accessory uses that exceeds 10 percent; * Implements criteria in Beach by Design related to accessory uses by requiring projects that request rooms from the Hotel Density Reserve (Reserve) and also propose interior accessory uses that comprise between 5 percent and 15 percent Council 2009-09-17 9 of the building gross floor area to decrease their development potential from the Reserve in proportion to the amount of accessory uses exceeding 5 percent; * Considers all interior accessory uses additional primary uses when determining the development potential and parking requirements for a project when accessory uses exceed 15 percent of the building gross floor area; * Requires signage for accessory uses to be subordinate to and incorporated into the primary signage for the overnight accommodation use, and limited area; * Exempts developments that have received additional density from the Destination Resort Density Pool in Beach by Design from the new requirements. The Community Development Board (CDB) reviewed the proposed text amendment at its meeting of August 18, 2009. The Board unanimously recommended the amendment for approval, requesting that staff provide Council with information regarding flag requirements for accessory uses. Staff is trying to collect such information and will provide you with any information obtained either prior to or at the Council work session. One individual expressed concern regarding the requirement to limit accessory use to 5% in order to qualify for units from the density pool. In response to questions, Planning Director Michael Delk said parking may be an issue during the morning overlap when guests have not checked out but people are coming in for a meeting. More meeting space will reduce room space and increase bulk of building. If developers go beyond the 5% meeting space, they do not have to provide additional parking. Discussion ensued with concerns regarding impact to building envelope. Councilmember John Doran moved to amend Item 7.7 by increasing from 5% to 10%, the allowable accessory use to qualify for units from the density pool. The motion was duly seconded. It was suggested the parking requirement be increased for increased accessory use. It was stated that change would require a new ordinance title. Staff suggested this be considered as part of the discussion on hotel density. Upon the vote being taken, Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard voted "Aye;" and Councilmember George N. Cretekos voted "Nay." Motion Carried. Councilmember John Doran moved to approve Item 7.7 as amended. The motion was duly seconded and upon vote being taken: Council 2009-09-17 10 Mayor Frank Hibbard, Vice-Mayor Paul Gibson, Councilmember John Doran, "Ayes": and Councilmember Carlen Petersen. "Nays": Councilmember George N. Cretekos. Motion carried. Ordinance 8044-09 was presented for first reading and read by title only. Vice-Mayor Paul Gibson moved to pass Ordinance 8044-09, as amended, on first reading. The motion was duly seconded and upon roll call the vote was: "Ayes": Councilmember John Doran, Councilmember Carlen Petersen, Vice-Mayor Paul Gibson and Mayor Frank Hibbard. "Nays'" Councilmember George N. Cretekos. Motion carried. 7.8 Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public purpose: declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to Invitation For Bid 23-09. The City has leased the subject parcel, a portion of its 444 acre Hillsborough County "Sludge Farm" to the Silver Dollar Trap Club since 1994. The club has improved the parcel with three of its thirteen trap shooting stands. In December 2008 Council approved a Lease Modification Agreement and other instruments authorizing extension of the 15-year lease term for one additional year through February 13, 2010. Lease Article 21 (Environmental Matters) requires the Lessee to perform an environmental audit of the parcel upon lease termination and, if necessary, remediate any environmental impacts created during the lease term in excess of the baseline established at lease inception. During its term, lease Article 22 (Right of First Refusal to Purchase) grants Lessee the right of first refusal to submit a cash price purchase bid equal to or exceed any other cash price purchase bid made during the advertised bid period. The Right of First Refusal terminates with the lease. On May 22, 2009 Crockett and Associates Appraisers, Inc. prepared a current market value appraisal of the subject 18.18 parcel. Based on a SWFWMD 1989 aerial map with contours the appraiser estimates the parcel contains approximately 8 acres of upland pasture, the balance being wetlands lying within a FEMA established "Special Flood Hazard Area." The Council 2009-09-17 11 MeetingAGENDA 0 0 Page 1 of 7 City Council Agenda Location: Council Chambers - City Hall Date: 9/17/2009- 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 2 Attachments 4.2 Fire Prevention Week Proclamation 12 Attachments 4.3 Public Natural Gas Week Proclamation - October 4 through 10 2009. 12 Attachments 5. Approval of Minutes 5.1 Approve the minutes of the September 3, 2009 City Council Meeting as submitted in written summation by the City Clerk. 13 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.) http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=319&MinutesMeetinglD=184 10/19/2009 Page 2 of 7 MeetingAGENDA Is 0 - 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 40-foot drainage and utility easement lying along the west property line of Lot 1, Clearwater "19" Commerce Center, (aka 22067 U.S. 19 North), and pass Ordinance 8084-09 on first reading. (VAC2009-04 Kunnen) 1B Attachments 7.2 Adopt Ordinance 8099-09 on second reading, declaring the millage rate to be levied for fiscal year beginning October 1, 2009 and ending September 30, 2010, for operating purposes including the funding of pensions, debt service and road maintenance for capital improvement expenditures at 5.1550 mills. 2 Attachments 7.3 Adopt Ordinance 8100-09 on second reading, adopting an operating budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010: authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the service programs so authorized;authorizing the City Manager to transfer monies and programs among the departments and activities within any fund as provided by Chapter 2 of the Clearwater Code of Ordinances. 12 Attachments 7.4 Adopt Ordinance No. 8101-09 on second reading, adopting the Capital Improvement Program budget for the fiscal year beginning October 1, 2009 and ending September 30, 2010; approving the six-year Capital Improvement Program which shall be reevaluated at the beginnning of each fiscal year; authorizing the City Manager to issue such instructions that are necessary to achieve and accomplish the capital improvements so authorized; authorizing the City Manager to transfer money between projects in the Capital Improvement Program; appropriating available and anticipated resources for the projects identified. 12 Attachments 7.5 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 1520 S. Highland Avenue (Lots 15, 16, and south five feet of Lot 17 and north five feet of Lot 14, Scotia Heights in Section 23, Township 29 South, Range 15 East); and pass Ordinances 8090-09, 8091-09 and 8092-09 on first reading. (ANX2009-07010) 2 Attachments 7.6 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU), Preservation (P), and Drainage Feature Overlay and Initial.Zoning Atlas Designation of Medium Density Residential (MDR) District and Preservation (P) District for 1923 N Betty Lane (Lots 5, 10, 11, and 12, together with Lot 4 less the North 150 feet of said Lot 4, Lange's Replat of Brown's Subdivision in Section 3, Township 29 South, Range 15 East); and pass Ordinances 8093-09, 8094-09 and 8095-09 on first reading. (ANX2009-07011) 12 Attachments 7.7 Approve 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, and pass Ordinance 8044-09 on first reading. (TA2009-01004) http://msb-laser-app/councilagendalMeetingV iew.aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA Page 3 of 7 1B Attachments 7.8 Determine that continued City ownership of an 18.18 acre portion of Hillsborough County parcel U-19-27-ZZZ-000000-13530.0, together with access from Patterson Road, no longer serves a valid public purpose; declare said parcel as surplus for the purpose of selling, and authorize advertising for bid in the minimum amount of $240,000 net, less costs of recording corrective instruments, if any, pursuant to Invitation For Bid 23-09. 2 Attachments 8. Quasi-judicial Public Hearings -Staff states and summarizes reasons for recommendation (2 minutes) - Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes) - Staff presents further evidence. May be cross-examined (10 minutes) - Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for others that have waived their time) - Applicant may call witnesses in rebuttal (5 minutes) - Conclusion by applicant (3 minutes) - Decision 8.1 Approve a Future Land Use Plan Amendment from the Residential Medium (RM) Classification to the Commercial General (CG) Classification and a Zoning Atlas Amendment from the Mobile Home Park (MHP) District to the Commercial (C) District for property located at 2337 Gulf to Bay Boulevard (the West 100 feet of the East 445.0 feet of the North 330 feet of the West 3/4 of the North '/z of the NE '/4 of the SW '/4 of Section 18, Township 29 South, Range 16 East, less the north 50.0 feet for Gulf to Bay Boulevard), and pass Ordinances 8079-09 and 8080-09 on first reading. (LUZ2009-06001) 1B Attachments 9. Second Readings - Public Hearing 9.1 Adopt Ordinance No. 8104-09 on second reading, amending Chapter 22, Code of Ordinances, to change administrative responsibility for public bathing beaches, bathing and swimming areas, and the Courtney Campbell Recreation Area from the City Marine Department to the City Manager or his designee; eliminating the definition of safe bathing limit, and to describe areas formerly described as safe bathing limits as areas prohibiting, generally, watercraft and aircraft. 1B Attachments City Manager Reports 10. Consent Agenda 10.1 Approve a one-year funding agreement, in the amount of $150,000 between Jolley Trolley Transportation of Clearwater, Inc. and the City of Clearwater for the operation of transportation and trolley service on Clearwater Beach, Island Estates and Sand Key and authorize the appropriate officials to execute same. (consent) 1B Attachments 10.2 Approve an Agreement between the City of Clearwater and the Clearwater Regional Chamber of Commerce (CRCC) for tourism services in Fiscal Year 2009-2010 in return for funding in the amount of $190,000 and authorize the appropriate officials to execute same. (consent) http://msb-laser-applcouncilagendalMeetingV iew.aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA Page 4 of 7 1B Attachments 10.3 Approve the October 1, 2009 Emergency Medical Services ALS First Responder Agreement between Pinellas County and City of Clearwater. (consent) 1B Attachments 10.4 Declare the list of vehicles and equipment surplus to the needs of the city and authorize sale to the highest bidder at the Tampa Machinery Auction, Tampa, Florida. (consent) 1B Attachments 10.5 Approve a not to exceed amount of $400,000, to pay Gallagher Bassett Services, Inc., for workers' compensation claims due and payable for the period October 1, 2009 through September 30, 2010. (consent) 1B Attachments 10.6 Approve payment of insurance premiums up to $600,000, with effective dates beginning October 1, 2009 through September 30, 2010, and authorize the appropriate officials to execute same. (consent) 12 Attachments 10.7 Award Bid 26-09 to Mastec North America, Incorporated, 7221 East Martin Luther King Jr. Boulevard Tampa, Florida 33619, for the period October 1, 2009, to September 30, 2010, for the Installation of Gas Mains and Service Lines and approve a Purchase Order in the amount of $960,000. (consent) 1B Attachments 10.8 Authorize a purchase order for payment of premiums under the City's "I%" Life Insurance program for the continuation of life insurance plans with New York Life Insurance in the amount of $140,000 for the fourteen month period from September 1, 2009, to October 31, 2010. (consent) 1B Attachments 10.9 Award a contract (Purchase Order) to Verizon, Florida, Inc., Saint Petersburg, Florida for telephone service including frame relay service, T1's, credit/collect calls, backup trunks, VADI circuit, and DSL high bandwidth services during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $372,170, in accordance with Sec. 2.564 (1)(e), Code of Ordinances, and authorize the appropriate officials to execute same (consent). 1B Attachments 10.10 Award a contract (Purchase Order) to State of Florida, Department of Management Services, Tallahassee, Florida for Suncom long distance overflow service, State AIN Centranet lines, and toll free lines during the period October 1, 2009 to September 30, 2010, at a cost not to exceed $143,150 in accordance with Sec. 2.564 (1)(d), Code of Ordinances, under State Contract 730-000-09-1, and authorize the appropriate officials to execute same. (consent). 1B Attachments 10.11 Award a contract (Purchase Order) to Oracle USA Inc., Chicago, Illinois for the period October 1, 2009 through September 30, 2010 for database maintenance at a cost not to exceed $189,000 in accordance with Sec. 2.564 (1)(b), Code of Ordinances, and authorize the appropriate officials to execute same (consent). 1B Attachments 10.12 Approve an agreement between the Florida Commission on Community Service and the http://msb-laser-app/councilagenda/MeetingView.aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA 0 Page 5 of 7 City of Clearwater renewing the AmeriCorps Clearwater program for the period of January 1, 2010 through December 31, 2010, including a cash match in the amount of $78,200, and authorize the appropriate officials to execute same. (consent) 12 Attachments 10.13 Approve the renewal of a Software Support Agreement for the TriTech System, in the amount of $135,323.37, for a 12-month period beginning October 1, 2009 and ending September 30, 2010 and authorize the appropriate officials to execute same. (consent) 12 Attachments 10.14 Award contract by purchase order to Angelo's Recycled Materials, Consolidated Resource Recovery Inc., and Waste Management Inc. of Florida for operating expenditures of $790,000 for the disposal of solid waste at the sites operated by the three vendors listed above for the period October 1, 2009 through October 31, 2010 as provided in the City's Code of Ordinances, Section 2.561, and authorize the appropriate officials to execute same. (consent) 1B Attachments 10.15 Award a contract by purchase order to Pinellas County Solid Waste for an operating expenditure of $4,200,000 for the disposal of solid waste at the Pinellas County waste-to- energy plant/landfill for the period October 1, 2009 through October 31, 2010 as provided in the City's Code of Ordinances, Section 2.564 (1) (d), Services provided by Other Governmental Entities, and authorize the appropriate officials to execute same. (consent) 1B Attachments 10.16 Approve the amendment of the Capital Improvement Program (CIP) for Water and Sewer by reducing CIP budgets by $12,000,000 of water and sewer revenue. (consent) 1B Attachments 10.17 Approve the second amendment to the Alligator Creek Implementation Projects, Phase II (L054)and authorize the appropriate officials to execute same. (consent) 2 Attachments 10.18 Approve the final plat for "Varsity Estates," physical address is 2400 Varsity Drive and is approximately 1200 feet West of Old Coachman Road and 800 feet North of Sharkey Road. (consent) 1B Attachments 10.19 Accept a 35 foot perpetual Drainage and Utility Easement and a 20 foot Temporary Construction Easement over, under and across portions of Government Lot 2, Section 20, Township 29 South, Range 16 East, as more particularly described therein, conveyed by G and I VI Bay Cove, LLC, a Delaware limited liability company, each given in consideration of receipt of $1.00 and the benefits to be derived therefrom. (consent) 8 Attachments 10.20 Request for authority to institute a civil action against Advanced Communications, LLC, to recover $2,885.62 for damages to City property. (consent) 2 Attachments 11. Other Items on City Manager Reports 11.1 Amend the City's fiscal year 2008/09 Operating and Capital Improvement Budgets at Third Quarter and pass Ordinances 8102-09 and 8103-09 on first reading. http://msb-laser-applcouncilagendalMeeting V iew. aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA • Page 6 of 7 1B Attachments 11.2 Approve the deferral and amortization of the Gas Supply Acquisition Project No. 2 termination payment received August 7, 2009, from Florida Gas Utility in the amount of $4,151,418.62, plus accrued interest earnings over the remaining term ending September 30, 2026, and authorize the City Manager to adjust the annual transfer amount and/or remaining term to mitigate abnormal swings in the gas supply market. 15 Attachments 11.3 Amend the Joint Participation Agreement (JPA) AOU60, Supplemental Number 02, between the City of Clearwater and the State of Florida Department of Transportation (FDOT) to construct a new multi plane hangar(s) at the Clearwater Airpark, and adopt Resolution 09-34. fB Attachments 11.4 Rescind Article VII, Solid Waste Management, Sections 32.272(4) and Section 32.288 and pass ordinance 8106-09 on first reading. 2 Attachments 11.5 Update the 2004 Floodplain Management Plan; transmit the plan to the Federal Emergency Management Agency as required by the National Flood Insurance Program's Community Rating System; authorize the City Manager to initiate activities recommended in the Floodplain Management Plan; and adopt Resolution 09-37. 1B Attachments 11.6 Accept a 120 square foot Water Main and Utilities Easement over, under and through a portion of the Southeast 1/4 of Section 29, Township 28 South, Range 16 East conveyed by the School Board of Pinellas County, Florida, in consideration of receipt of $1.00 and the benefits to be derived therefrom. 2 Attachments 11.7 Appoint two members to the Environmental Advisory Board with the terms to expire September 30, 2013. 1 Attachments Miscellaneous Reports and Items 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports 1B Attachments 13. Council Discussion Items 13.1 Sandwich Boards 2 Attachment. 13.2 Side Setbacks for Docks 15 Attachments 13.3 Efficiency Reviews of Fire and Parks & Recreation - Gibson [B Attachments 13.4 Hotel Density http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA Page 7 of 7 IB Attachments 14. Other Council Action 14.1 Other Council Action 2 Attachments 15. Adjourn http://msb-laser-applcouncilagendalMeeting V iew. aspx?MeetingID=319&MinutesMeetingID=184 10/19/2009 MeetingAGENDA 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 1B Attachments 4.2 Diversity Leadership Council Poster Contest Award 1B Attachments 4.3 ESGR presenting Clearwater Police Department Chief Klein with award. 1B Attachments 4.4 Presentation by Chamber of Commerce - Tourism Year in Review IS Attachments 4.5 US Coast Guard Presentation 2 Attachments 4.6 Clearwater in Space Day Proclamation 2 Attachments 5. Approval of Minutes 5.1 Approve the minutes of the August 6, 2009 City Council Meeting as submitted in written http: //msb-laser-app/councilagenda/Meeting V iew. aspx?MeetingID=315 &Minute sMeetingID=176 10/19/2009 MeetingAGENDA 0 Page 2 of 4 summation by the City Clerk. 2 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 - 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). 15 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) 2 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. 12 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) 1B 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) LB 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) 15 Attachments 8. Second Readings - Public Hearing http: //msb-laser-applcouncilagendalMeeting V iew. aspx?MeetingID=315 &Minute sMeetinglD=176 10/19/2009 MeetingAGENDA 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. 15 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) 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) 2 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) 12 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) 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) 1B 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) 2 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. 1 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: //msb-laser-applcouncilagendalMeeting V iew. aspx?MeetingID=315 &MinutesMeetinglD=176 10/19/2009 MeetingAGENDA 0 0 Page 4 of 4 1B Attachments Miscellaneous Reports and Items 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. 2 Attachments 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports 1B Attachments 13. Council Discussion Items 13.1 Skateboarding Recommendations 1B Attachments 13.2 Direction regarding FY2009-10 Budget B Attachments 14. Other Council Action 14.1 Other Council Action 1B Attachments 15. Adjourn http://msb-laser-app/councilagendalMeetingView.aspx?MeetingID=315 &MinutesMeetinglD=176 10/19/2009 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 -1 520 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 r • Existing Use: Retail Sales and Services Neighborhood Associations: Clearwater Neighborhoods Coalition and Del Oro Groves Estates Presenter. Matthew Jackson, Planner II See Exhibit: Staff Report APP2009-00002 2009-08-18. Member Behar moved to accept Matthew Jackson as an expert witness in the fields of zoning, site plan analysis, code administration and planning in general. The motion was duly seconded and carried unanimously. Planner II Matthew Jackson reviewed the staff report. He said most shopping centers on McMullen-Booth Road are set back from the street. The City never allows signage on the rear of buildings. Todd Pressman, agent for the Bayside Bridge Plaza, reviewed the proposal to attach lighted signage to the rear portion of the building that angles toward McMullen-Booth Road. He described the sign, stating it would be visible to northbound traffic. He said shopping center tenants are disadvantaged by the site's unique topography; storefront signage cannot be seen from McMullen-Booth Road due to a steep slope and landscaping. He presented photographs taken from street level that show only the top of the center is visible. He said the sign could be redesigned to meet staff objections. He said typical signage does not work in this location. Discussion ensued. It was stated that the shopping center has monument signs on SR 590 and McMullen-Booth Road. In response to a question, Mr. Pressman said the monument sign on McMullen-Booth Road is internally lit at night. It was said that staff had not misconstrued nor incorrectly interpreted provisions of the Community Development Code as signage on the rear of a building is not permitted. Member Dame moved to deny the appeal, Case APP2009-00002, and affirm the Staff's development order denying the application based on the evidence and testimony presented in the application, the Staff Report and at today's hearing, and hereby adopt the Staff's Findings of Fact and Conclusions of Law stated in the Staff Report. The motion was duly seconded and carried unanimously. 2. Level Three Application Case: TA2009-01004 Amendments to the Community Development Code 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 accommodations in the Commercial and Tourist Districts Neighborhood Association: Clearwater Neighborhoods Coalition Presenter: Lauren Matzke, Planner III See Exhibit: Staff Report TA2009-01004 2009-08-18. Assistant Planning Director Gina Clayton reviewed proposed amendments and staff's inspection of the site plans for new midsize hotels and those approved for construction. That analysis indicates that interior accessory uses at midsize limited service hotels typically occupy no more than 3% of the building gross floor area: 1) 2.11 % of floor area at Ambiance on Kendall Community Development 2009-08-18 2 Street; 2) 2.16% of floor area at Holiday Inn Express on Coronado; 3) 2.98% of floor area at Fairfield (off the beach); 4) 4.5% of floor area at downtown Residence Inn; 5) proposed 14% of floor area at Cabana Club on Sand Key; and 6) proposed 15.94% of floor area at Shepard's Concern was expressed that flag accessory use requirements vary. It was recommended that the Code specify hotel accessory uses. Ms. Clayton said the Code defines accessory uses. Lobbies, vending and ice machine rooms, hotel laundries, and guest rooms are not considered accessory uses. Pool and outdoor dining areas are exempt from the limit. Examples of interior accessory uses include meeting space, spas, workout rooms, and breakfast areas. Some concerns in the Cedar Wood letter of opposition reference resort amenities rather than those at a midsize hotel with a more residential feel. Assistant City Attorney Leslie Dougall-Sides said the Code lists examples of accessory uses. It was felt that the definition for "accessory use" is subjective and will make interpretation difficult. Four people spoke: One supported the Resort Attached Dwellings use in the Tourist District. One expressed concern that hotels have difficulty filling rooms midweek and need more space for accessory uses. One recommended that staff meet with flags regarding amenity requirements and consider traveler expectations. He stated that a beach location has higher construction costs, higher room rates, longer stays, and tourists that require more amenities than they would on the highway. He also said that hotels need to fill rooms with wedding guests, etc. during the off season. One said parking requirements for additional accessory uses would be too expensive to construct and encouraged increasing base limits to at least 10% of building gross floor area. Ms. Clayton discussed requirements should accessory uses exceed 5% of building gross floor area at midsize beach hotels developed with density reserve units. She said this amendment establishes Beach by Design criteria which limit accessory uses at hotel projects that benefit from hotel density reserve units. Beach by Design intends midsize hotels with limited amenities to be for guests, not to attract outside business. Planning Director Michael Delk said staff had met with hotel operators while working on this amendment. Limits are not intended to be a penalty. He reviewed staff efforts to establish the 1,385-unit hotel density reserve, which was developed to replace approximately 3,000 beach motel units lost to condominium construction, not to increase beach trip generation related to accessory uses. Accessory use limits do not affect resort properties. Design guidelines will be reviewed at a City Council Work Session in September. Discussion ensued regarding the importance of room count, flag requirements for amenities, and the difficulty in operating independent properties. Concern was expressed that excessive restrictions would discourage new developers. It was noted that height and setbacks are flexible. It was felt that the City wants to attract tourists to affordable beach hotels with sufficient amenities. Support was expressed for staff to seek opinions from the professional hotel community and flag developers regarding accessory use space requirements. Member Behar moved to recommend approval of Case TA2009-01004 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 one condition: 1) After additional research, staff provide the City Council with information regarding flag requirements for accessory uses. The motion was duly seconded and carried unanimously. Community Development 2009-08-18 3 Community Dev. Bd. 0 0 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 727-562-4090. 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: July 18, 2009. 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. Existing Use: Retail Sales and Services. Neighborhood Association (s): Clearwater Neighborhoods Coalition; and Del Oro Groves Estates. Presenter: Matthew Jackson, Planner II. 2. 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 10/19/2009 Community Dev. Bd. 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 property owners, etc. and will be approved by a single vote at the beginning of the meeting (Item 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): 1. Case: TA2009-01002 Amendments to the Community 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 spaces, hearing officer appeals and transferred development rights. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner III. G. DIRECTOR'S ITEM (Item 1): 1. Historic Designation Process H. ADJOURNMENT http://cearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1468 10/19/2009 Community Dev. Bd. 0 0 Page 1 of 3 Agenda Date: 0'7/21/2009-1:00 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: June 16 2009. D. REQUESTS FOR CONTINUANCE (to August 18, 2009) (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 (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. Existing Use: Retail Sales and Services. Neighborhood Associations: 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://cearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1414 10/19/2009 Community Dev. Bd. is 0 Page 2 of 3 accommodations in the Commercial and Tourist Districts. Neighborhood Association: Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner III. E. CONSENT AGENDA: The following case is not contested by the applicant, staff, neighboring propeM owners, etc. and will be approved by a single vote at the beginning of the meeting (Items 1 - 2? 1. Case: FLD2009-03014 - 1105 Druid Road Level Two Application Owner/Applicant: J.A. Churchill, LLC. Agent: Randy Wedding, Wedding & Stephenson Architects, Inc. (300 1st Ave S, Suite 402, St Petersburg, FL 33701; hone: 727-821-6610; fax: 727-894- 4216). Location: 1.608 acres located at the southeast corner of Druid Road and S Myrtle Ave. Atlas Page: 296A. Zoning: High Density Residential (HDR) District. Request: Flexible Development approval to permit a 112-bed assisted living facility in the High Density Residential (HDR) District with a reduction to the minimum off-street parking requirement from 71 spaces to 64 spaces, an increase to the building height from 30 feet to 53 feet (to flat roof) a reduction to the front (north) setback from 25 feet to 20 feet (to pavement), a reduction in front (west) setback from 25 feet to 15 feet (to pavement), a reduction in side (east) setback from 10 to three feet (to pavement) and a reduction in side (south) setback from 10 to three feet (to pavement) as a Residential Infill Project, pursuant to Community Development Code Section 2-504.F; and a reduction to a portion of the perimeter landscape buffer along the east and south property lines from 10 feet to zero feet (to pavement) as part of a Comprehensive Landscape Plan, pursuant to Community Development Code Section 3-1202.G. Proposed Use: Assisted Living Facility (112-beds). Neighborhood Associations: Clearwater Neighborhoods Coalition and South Clearwater Citizens for Progressive Action. Presenter: Matthew Jackson, Planner II. Case: DVA2009-00001 - 101 and 105 Coronado Drive and 35 Devon Drive (Related to FLD2009-03013) Level Three Application Owner/Applicant: Decade Companies Income Properties. Agent: Keith Zayac, PE, RLA, LEED AP, Keith Zayac & Associates, Inc. (701 Enterprise Road East, Suite 404, Safety Harbor FL 34695; phone: 727-793- 9888; fax: 727-793-9855, email: keitQkeithzayac.com). Location: 0.72 acres located on the east side of Coronado Drive at the northeast and southeast corners of Devon Drive/First Street. Atlas Page: 267A. Zoning: Tourist (T) District. Request: Review of, and recommendation to the City Council, of a Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater,Troviding for the allocation of units from the Hotel Density Reserve under Beach by Design. Proposed Use: Overnight accommodation use of a total of 108 rooms (150 rooms/acre on total site, including the allocation of 72 units from the Hotel Density Reserve) and approximately 1,500 square feet (0.048 FAR on total site) of amenities accessory to the hotel at a height of 89 feet (to roof deck). Neighborhood Associations: Clearwater Beach Association and Clearwater Neighborhoods Coalition. Presenter: Wayne M. Wells, AICP, Planner III. F. CONSIDERATION OF APPEAL (Item 1): http://cearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1414 10/19/2009 Community Dev. Bd. 4 is Page 3 of 3 1. Case: APP2009-00003 - 1850 McMullen Booth Road Owner: Countryside Christian Center. Appellant: Pastor Glen Gammon. Agent: Katherine E. Cole, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP (P.O. Box 1368, Clearwater, FL 33757; phone: 727- 461-1818; fax: 727-462-0365). Location: 19.969 acres located on the west side of McMullen Booth Road approximately 11280 feet north of State Road 590. Atlas Page: 265A. Zoning: Institutional (1) and Office (O) Districts. Request: An appeal from a decision made by an administrative official in the administration of the Community Development Code that a revised parking plan submitted in response to action previously taken by the Community Development Board (APP2009-00001) does not comply with the provisions of the Code. Existing Use: Place of Worship. Neighborhood Associations: Clearwater Neighborhoods Coalition and Oak Forest. Presenter: Michael Delk, Planning Director. G. ADJOURNMENT http://cearwater.granicus.com/AgendaViewer.php?view_id=25&clip_id=1414 10/19/2009 0 0 Matzke, Lauren From: Watkins, Sherry Sent: Thursday, July 16, 2009 12:51 PM To: Sullivan, Patricia; Brian Barker; Doreen Dipolito; Dougall-Sides, Leslie; Frank Dame; Gina Grimes; Jackie Shenefield; Jordan Behar; Lutz, Deb; Nicholas Fritsch; Richard Adelson; Stafford, Shawn; Thomas Coates; Yellin, Catherine Cc: Clayton, Gina; Matzke, Lauren Subject: TA2009-01004 Good Afternoon, The following case is being continued to the August 18, 2009 Community Development Board meeting. 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 accommodations in the Commercial and Tourist Districts. Neighborhood Association(s): Clearwater Neighborhoods Coalition. Presenter: Lauren Matzke, Planner 111. Thank you, Sherry Watkins Administrative Analyst Planning Deportment 727-562-4582 NOTICE OF AMENDMENT TO THE CLEARWATER COMMUNITY DEVELOPMENT CODE The City of Clearwater proposes to adopt the following ordinance: ORDINANCE NO. 8044-09 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE RELATING TO RESORT ATTACHED DWELLINGS AND OVERNIGHT ACCOMMODATIONS BY AMENDING ARTICLE 2, "ZONING DISTRICTS", "CHART 2-100 PERMITTED USES"; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-703.M. AND SECTION 2-7041. TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-801.1, "MAXIMUM DEVELOPMENT POTENTIAL" TO ESTABLISH THE MAXIMUM DEVELOPMENT POTENTIAL FOR RESORT ATTACHED DWELLINGS USE IN THE TOURIST DISTRICT; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802, "TABLE 2-802", AND SECTION 2-803, "TABLE 2-803" TO ADD THE RESORT ATTACHED DWELLING USE, AND CREATING A NEW SUBSECTION 2-802.0 AND SUBSECTION 2-803.1 TO CREATE THE FLEXIBILITY CRITERIA FOR SAME, AND RELETTERING SUBSEQUENT SECTIONS AS APPROPRIATE; BY AMENDING ARTICLE 2, "ZONING DISTRICTS", SECTION 2-802.K. AND SECTION 2-803.1 TO ADD FLEXIBILITY CRITERIA FOR OVERNIGHT ACCOMMODATIONS ACCESSORY USES; BY AMENDING SECTION 8-102, "DEFINITIONS", BY ADDING A DEFINITION FOR DWELLINGS, RESORT ATTACHED; 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, July 21, 2009 before the Community Development Board, at 1:00 p.m. Thursday, August 20, 2009 before the City Council (1St Reading), at 6:00 p.m. Thursday, September 3, 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. TA2009-01004 Additional information is available in the Planning Department at the Municipal Services Building, 100 South Myrtle Ave, Clearwater, Florida. Florida Statute 286.0105 states: Any person appealing a decision of this board must have a record of the proceedings to support such an appeal. A person making an appeal will need to ensure that a verbatim record, including testimony and evidence, is made. The inclusion of this statement does not create or imply a right to appeal the decision to be made at this hearing if the right to an appeal does not exist as a matter of law. Citizens may appear to be heard or file written notice of approval or objection with the Planning Director or the City Clerk prior to or during the public hearing. A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS & LEGISLATIVE SERVICES DEPT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL OFFICIAL RECORDS & LEGISLATIVE SERVICES WITH THEIR REQUEST AT (727) 562-4093. City of Clearwater Cynthia E. Goudeau, MMC P.O. Box 4748 City Clerk Clearwater, Fl 33758-4748 To learn more about presenting to Clearwater boards and City Council, go to http://clearwater._qranicus.comNiewPublisher.phi)?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 07/09/09 & 08/21/09 ?TA2009-01004 . Pigkllas &unty Board of County Clearwater Neighborhood Assoc. Commissioners Shelly Kuroghlian, President 315 Court Street, 5'h Floor 1821 Springwood Circle S Clearwater, FL 33756 Clearwater, FL 33763