2011 BUSINESS TASK FORCE FINAL REPORT�
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2011 BUSINESS TASK FORCE
FINAL REP�RT
Presented to the Clearwater City Council
August 29, 2011
8:00 A.M.
Work Session and
September 1, 2011
6:04 P.M.
City Council Meeting
City Hall
112 S. Osceola Ave.
Clearwater, FL 33756
Findin s and Canclusions:
The Clearwater Business Task Farce was created by the Cl�arwater City Council at its
April 7, 2011 Council meeting as a result of cancerns over the environment facing businesses in
the City. Eighteen members of the public were appointed by the City Council. The Task Force
members consist of community and neighborhood leaders with diverse backgraunds and
specialties including architects, engineers, realtors, attorneys, and builders�. The City Cauncil
provided the members of the Task Force with broad discretian ta set their own agenda and steer
their recommendations and suggestions for the City. The Task Force held eight public meetings
between April 18, 2011 and August 16, 2011z. A sube�rnmittee of the Task Force held a public
meeting on August 8, 2011 to draft this report. The Task Force took public camment at both its
July 12th and July 26t" meetings3. The July 12`" meeting also featured a broad discussion with
City Planning Director Michael Uelk re�arding over 50 specific recornmendations the Task
Porce was considering far inclusion in this report4. "1`he July 12t" meeting was attended by the
entire City Cauncil, City Manager Bill Horne, local busin�ss leaders and citizens. Th� Task
Force determined that our primary purpose is to provide the City Council with recommendatians
ta improve the City's regulations, processes, and technology to establish Clearwater as the best
business environment in the Tampa Bay region and ta promote quality growth within the City.
At the conclusion af this investi�ative review process the Task Force iinds that the time
is now for the City to take proactive measures to foster a rnore positive, inviting, and susiainable
business environment. The Task Force unanimously agrees that the City has an exceptionally
qualitied staff and committed ernployees. However, taa often the staff and eznplayees are
� A complete listin$ of the Task Force is attached hereto as Appendix "A"
Z Complete Agendas and Minutes of the Task Force are attached hereto as Appendixes "E3" and "C" respectively
3 The Task Force also established a web page on the City of Clearwater w�b site located ai
http://www.myclearwater.com/gov/depts/official_records/business task force/index.asp
4 Some individual Task Force members have contributed over 50 hours of service in this endeavor
limited by the complexity and time consuming nature of the process and regulations. These
limitations should be addressed by the City Council in the farm of a carnprehensive revision af
the City Codes including, but not necessarily limited to th� Community Development Code and
the Sign Code. It is unproductive ta allow the staff and the citizens to be confined by a Code that
is toa complex and lends itself to confusion, decision making roadblocks, and misapplication5.
Due to economic canditions, neighboring municipalities have completed, ar are in the process of
completin�, major revisions to their development codes and sign codes in an effort to improve
their business environments. During this investigative review, the Task Force found that
Clearwater's process is viewed by the general public and the business cammunity as too
camplicated, tirne consuming, and expensive creating a barrier to entry for most businesses and
potential new residents.
The Task Force believes that the priarity of the City Council should be to tak� immediate
measures ta foster a more positive environment far businesses and new residents and transform
Clearwater's image as a difiicult place to do business by implementing the recamrnendations
cantained herein and by working proactively with the lacal business community, civic
assaciations, and nei�;hborhood leaders. The quality of life and sense of place for Clearwater's
current and future residents depends on a business community that creates quality local jobs and
encourages investment and re-investment in the City. It is ihe Task Force's conclusion that
implementation of the recommendations contained herein, and a commitment fro�n the City ta
proactively engage in the process of establishing Clearwater as the premier business environrnent
in the region, will result in long-term benefits for all of Clearwater's citizens and make
Clearwater more workable, livable, and economically viable.
5 See The Complete Angler, LLC v. Clearwater, 607 F. Supp. 2d 1326, 1332 (M.D. Fla. 2009) (finding "an
unconstitutional application of the Code does nothing to promote the public interest")
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Ol'PORTUNITIES AND SOLUTIONS
Opportunity #1: There is an opportunity to change the general perception that
Clearwater is not "business friendly" and that it is too diffrcult to own
and operate a business in the City
Solutions:
1. Adopt a culture oi being "customer-centric." This approach means the customer
becomes the central basis from which the organization aperates and that decisions are
viewed from the customer's point of view. Being custamer-centric requires that services
nat be designed around the organization's needs or around re�ulatory requirements, but
according to the customer's needsb.
2. Provid� simple "check-lists" for the various development applications
3. Produce and publish videos on GView and on the televisions in the Municipal Services
Buildin�; explaining the application and development review process
4. Develop a citywide customer service mission statement for dealing with residents,
businesses, and visitors
S. Provide a customer service specialist who can serve as an initial point-af-contact for
customers, who can direct customers to appropriate services, and who can improve
responsiveness to custamer inquiries
6. Establish a once per week residential application walk through day for level 1 residential
projects similar to the City of St. Petersburg
7. Create flexibility to allow far more opportunities in the "character districts" and planned
economic development districts
8. Assernble an inter-departmental staff team to canvene on an as-needed basis in order to
quickly evaluate challenging business develapment situations and recommend innovative
solutions. Provide professional development opportunities for the staff team to expand
problem-solving and business development skills
9. Reconiigure permitting and planning service areas to create a one-stop service center that
will provide access to all departments invalved in permit reviews
10. Improve anline and phane access ta site plan review status and results, building permit,
and inspection status and results
11. Continue to meet with the Clearwater Regional Chamber of Commerce and thc
Clearwater Beach Chamber of Commerce to discuss local business interests and concerns
including changes to the Sign Code and the Community Development Code. Encourage
Chamber participatian in all community outreach activities
12. Promote broad civic engagement to the business camrnunity. Cansider expanding
eligibility requirements far advisory baard service to allow a limited nurnber of seats for
non-resident business and property owners
13. Work with the Clearwater library system to establish a small business awners' collection
in the public libraries and other resources for business owners
6 City of Largo Business-Friendly Customer Service Initiative Update, August 2011, is attached hereto as Appendix
"�" (Culture Change discussed on Page 2)
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14. Continue ta pursue Econamic Development programming ta locate new businesses and
developznent in downtown
15. Set firm deadlines for permit approvals
16. Cantinually evaluate business n�eds, issues, and opportunities in the community in arder
to recommend strategies for the City to adapt to new market trends or challenges rapidly
17. Create and maintain a registry af businesses in the City accessible to the public online
1 S. Conduct business visits to get to know business owners and their employees and discuss
their goals and needs
19. Maintain and improve online resources for businesses on the City's web site
20. Promote local business rnatters through the City's web site and in the Clearwater Gas
System electronic newsletter that is dedicated to business issues to send to all registered
businesses and the Chambers of Commerce
21. Pramote local economic development opporiunities at national, state, arid regional
business trade shows and events
Opportunity #2: The Task Force finds that the Planning and Permitting Process is too
expensive and time consuming. The pracess requires too much
upfront expenditure prior to Community Development Board or
Development Review Committee approval'
Solutions:
1. Ensure ample opportunities for public input pri�r to approval of Level 2 and Level 3
applications
2. Eliminate Tree Inventory irom initial application
3. Eliminate Stormwater Design Plan from initial application
4. Eliminate Parking Demand Study unless Parking flexibility is required per the
Parking Code
5. Eliminate Grading Flan from initial application
6. Eliminate Signage Portion of initial application
7. Eliminate a Traffic Irnpact Study from the initial application unless the praject will
generate more than 100 or more new vehicle directional visits per hour and/or 1,000
or more new vehicle trips per day
8. Eliminate I'ire Flow Calculations/Water Study from initial application
9. Streamline the process for Level 3 rezoning approvals ta mitigate the expenses prior
to applicant going through the develapment review and CDB process
10. Change the Development Agreement application process ta have City Council
approval of Developrnent Agreernents, including all requirements for utilization oi
the Density Reserve, occur prior ta the Applicant going through the Develapment
Review and CDB process to ensure there are no unforeseen requirements demanded
of the Applicant priar to investing in completing the Development Review process
' This is not intended to eliminate requirements of the Code, it is merely intended to transplant when during the
process the information is provided.
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11. Far Level 3 approvals for land use amendments and rezoning, revisit Sections 4-602,
4-603, and 4-202 of the Community Development Code to make the process more
like Pinellas Countyg. Currently Level 3 approvals (Rezoning, Land Use Plan
Amendments, Development Agreements) go before the Development Review
Committee, the Community Development Board, and the City Council. Currently
section 4-602 of the Code is interpreted to require fully engineered plans and ather
specific reports as required by section 4-202. Rezoning, Land Use Plan Amendments
and Develapment Agreements require scrutiny in the public hearing process. In
rezoning cases, often times the applicant is merely attempting to demonstrate
changing the propased zoning district is consistent with the Land Use Plan and
compatible with surrounding existing uses and districts. The cost to the applicant for
this work is far less substantial than fully engineered plans and ather reports required
by section 4-202. If the decision is ta deny the application, the proj�ct is dead, and
there is no need to incur the expense of creating fully engineered plans. Under the
current syst�m, these items must be submitted up front prior to any public hearings,
and if the rezoning is denied, incurring the costs af preparing fully engineered plans is
a wasted efforts
12. Encourage the use of private plan reviews as is permitted by state law. The city
should affer a 50% discount an the plan review fee to encourage develapers to use the
private plan services
13. City inspectors should be equipped with technology similar to Pinellas Counl:y
inspectors so that, imrnediately fallowing an inspection, they can return to their car
and enter in the inspection results
14. Inspectors should allaw sufficient time for inspections commensurate with the size o�
the project
15. Inspectors should mark conditions of approval as well as plan review items as "Met"
imrnediately
16. Requir� Development Review Committee to meet twice per month as opposed ta
once per month and consider having separate DRC meetings %r level 1 and level 2
approvals or staggering the rneetings to allow for two separate approval tracks (i.e. a
rollin� applicatian deadline)
17. Require comments fram the Developrnent Review Committee to be pravided to the
applicant at least three business days prior to the DRC meeting
18. Accessory Use for Overnight Accommodations for midsized hotels (not destination
resorts) (Code Section 2-803(i)(11)): Allow 20% af gross flaar area as accessory use
before additional parking is required or amend definition of "accessory use" to
exclude required floor area pursuant to hotel franchise agreements such as �iit shops,
business centers, iitness centers, supporting restaurants, and meeting space
19. Eliminate the requirement of Code Section 2-803(i)(11) as it applies destination resort
hotels
S Pinellas County Code Sections 134-334 thraugh 134-341 and 138-176 through 13$-182 are attached heretn as
Appendix "D"
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20. Create an ombudsman in the planning and permitting department to assist busin�sses
and citizens in successfully navigating the process similar to the ornbudsman recently
created by the City of Largo9
Opportunity #3: The Processes and Procedures for Planning, Permitting, and Zoning
should be revrsed to allow far more flexibilily and innovation
Salutions:
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Provide for Electranic filing af development applications
Eliminate �'avernent as "structure" requiring Level 2 appr�val
Eliminate the automatic loss of a vacant property's "use" after a periad of six months and
allow for Level 1 approval for the vacant praperty so long as any new proposed use is a
permitted use
When a tenant oi multi-tenant properties requires a Level 2 approval do not require that
the entire multi-tenant property be braught through the development review process as a
result of the tenant
5. Conduct a comprehensive Revaluatian of impact fees to be more competitive with
surrounding communities and ensure that all impact fees being levied are permissible
under Florida law of the Applicant prior to investing in completing the Development
Review process
6. The City should create a density reserve for affordable housing
7. Srnart-Cod�s should be adapted for th� rehabilitatian af older buildings in defined areas
similar to the City of Fort Myerslo
8. Utilize srnart codes for rules gaverning the conditions under which businesses may be
granted a certificate of occupancy and business tax receipt for businesses to open in
existing structures without meeting current City Code requirements (except life saiety
requirements). The change is intended ta make it mare affordable ta open a business in
Clearwater and encourage infill and reuse of existing and vacant buildings
9. Seach by Design: Review the horizontal plane, the "wedding cake look," and the step-
back in building construction requirements.
10. Beach by Design: Revisit setback requirements to avoid the "canyon effect" such as the
situation on Coronado Drive
11. Beach by Design: Restructure setback requirements and consider more creative
alternatives that accomplish the intent without incuning the casts and expense on the
applicant
12. Yn limited circumstanc�s, Beach by Design and the Downtown Plan should permit the
transfer of Floor Area Ratio as well as hotel and condominium units ta other projects
similar ta the process utilized by the City of St. Petersburg� �
13. The City should establish emergency land use, zoning, and permitting Codes to deal with
a patential majar natural disaster or crisis such as a hurricane. Thes� ernergency
9 City of I.argo Business-Friendly Customer Service Initiative Update, August 201 l, is attached herela as Appendix
"E" (Ombudsman discussed on Page 3)
10 The City of Fort Myers' Smart Code Section 118.8.1 through 118.8.6 is attached hereto as Appendix "�"'
" The City of St. Petersburg Code Section 16.70.040.1.16 and 16.70.040.1.17 are attached hereto as Appendix "G"
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provisions should allow businesses affected by the emergency to immediately relocate to
ather areas in the City to continue operations. These emergency provisions should
include an expedited method af approving occupational licenses with waivers of non-
structural building code issues even iF on a temporary basis.
Op�ortunity #4: The Sign Code has accamplished its purpose of eliminating the clutter
and pollution that filled Clearwater's roads in the 1980s. Hawever,
the current Sign Code should be updated, similar to the process that
has been undertaken or is ongoing in neighboring communities, to
allow for more effective and innovative ways f�r business owners to
identify themselves
Solutions:
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Allow businesses on corner lots and through lots ta have an attached sign facin� each
frontage as of right instead of r�quiring a property/business owner to go through the
comprehensive Sign Program
So long as not exceeding total allowable signage square foatage, allow businesses with
rear facades to have an attached sign facing each frontage as of right instead ot requiring
a property/business owner to go through the comprehensive Sign Program
Allow businesses with rear facades facing parking lots with rear public entrances or rear
facades facing right of ways or water ways to erect a 16 square faot sign provided such
signs are not erected on a raceway or is not traditianal cabinet sign design
Revise formulas for attached, freestanding and monument signs but utilice a different
formula that proposed: One attached sign 24 square feet per business establishment with
a principal exterior entrance; one freestanding sign 24 square feet; or
o for attached si�ns one sign up to 3% of the building fa�ade but nat exceeding
36 feet. I,ots an corner or through lots may erect a sign on each tace facing a
right of way based on the same formula;
o for freestandin si ns one sign up to 3% of the building facade or 1 square
foot of signage for every three feet of linear lot frontage, whichever is less.
Sign criteria is required. Carner or through lots may erect a sign on each
frontage facing a public right-of-way provided maximum area of the two signs
shall not exceed the total maximum allowable area facing a right-of-way, plus
an additional 15 square feet. The business cauld choose to erect one sign on
the corner or on the primary frantage with the increase area
o for monument signs there is a proposal to revise this section based on similar
concepts established for attached and freestanding signs and allow up to six
feet in height provided certain design criteria is met
S. Increase timeframe for determining a nonconforming sign has been abandoned from 30
day to 180 days
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6. Allow greater fleacibility for window signage but utilize a fortnula that rnay be easier to
administer. This would entail and increase from the existing 2S% of the windaw pane
and pravide an amount nat to exceed on any fa�ade
7, Allow graphics on awnings in addition to the allowable si�n area but have some
limitations an area and clarify what is actually permitted. Far exarnple, graphic/artistic
element would be permitted. The graphic element is limit�d to 2S% of the awning
8. Clarify the City's position on the prohibition of human signa�e and vehicle si�nage for
businesses
9. Add language further clarifying the prahibition of moving/revolving signs
10. Add language regarding the orientation of freestanding drive-thraugh signs
11. Increase the amaunt of square footage for an address from 3 square feet to eight square
feet. Require all addresses to be displayed in Arabic numbers
12. Consider allowing for permitted electronic changeable message baards, espccially public
purpose electranic message boards
13. Increase the frequency of inessages displayed on pre-existing permitted message boards
to 15 seconds per message
1�}. Consider allowing the use of outdoor umbrellas at businesses with logos s� long as the
logo is not that of the principal business
15. Allaw for permitted sandwich boards for all business owners so long as the business
complies with the permitted sandwich board ordinance. The City businesses sandwich
permit for a period of �ve years in the event the business is found to violate the sandwich
board ordinance three times
16, Allow banner signs up to ten days prior to annual non-proiit and City spansored events,
holidays, festivals, and picnics
17. Amend Sectian 3-1805(c)(1) af the Code ta increase the allowable siae ta 24 square feet
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Summar� of Findin�s and Conclusions
The City of Clearwater, like many other cities, is confronted with increasing competition
from neighboring cities for economic development. Clearwater is facing a more cornplex and
dynamic development environment than ever before and, if it is to succeed in attracting new
businesses, it will need mare market-oriented planning and land-use regulations. The complexity
of urban redevelopm�nt projects and iniill in already built-out cities demands a nimble, flexible
and expeditious regulatory process to minimize development costs and allow the market to adapt
quickly. An efficient application and approval process allows the urban real-estate market to
adapt quickly and innovatively to changing demand in older urban areas, promote iniill, and
cantributes to the resilience and revitalization of the City.
Due to this increased competition, Clearwater needs to consider the need for broader and
expanded policies governing user-friendly Codes and services. Clearwaier shauld develop a
proactive strategy if it wishes to be recognized as the premier place to do business in the Tampa
Bay region amongst surrounding counties and municipalities that have already adopted, or are in
the process af initiating, mare user-friendly Cades and services. This proactive engagement, in
addition to the implementation of the suggestions contained herein, will result in long-term
beneiits for all af Clearwater's citizens and make Clearwater mare workable, livable, and
cconomically viable.
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FUTURE ACTION OF THE TASK FORCE
The Task Farce has established an Executive Committee to assist the City Council in
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impleinenting the recomrnendations contained herein. The members of the Executive Committee
are:
Brian Aungst, Jr., (Chair)
David Allbritton
Steve En�elhardt
Steve Fowler
Gene Gillespie
Jeff Kronschnabl
Robert Pergalizzi
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ACKNOWLEDGMENTS
The Task Force would like to acknowledge and thank the following people whose
contributions and commitment to this process have made it possible:
Mayor Frank Hibbard
Rosemarie Call, Clearwater City Clerk
Marcia Charltan, Task Force Reporter
Roger Larson, Esq.
Michael Delk, Clearwater Planning and Development Director
Gina Clayton, Clearwater Assistant Planning Director
Pam Akin, Clearwater City Attorney
Llearwater Regional Chamber of Commerce
Clearwater Beach Chamber of Commerce
Vice Mayor George Cretekos
Councilman John Doran
Cauncilman Bill Jonson
Cauncilman Paul Gibson
City Manager Bill Horne
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BUSlNESS TASK FORCE MEMBERS
re�ised 4/21�11
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1
2 First Name ; Last Name� _ Address _ _Phone �
3 - I I - -- -- - --- -- -- - - —
4 David Allbritton I217 Palm Island �EW, Clearwater 337fi7 cell: 804-3535
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E-iVlail Address
Brian Au�gst, Jr. ' Macfarlane, Ferguson & k1AcMuiken, 625 Court St. Clearwater 33756 441-896b � bia@Macfar.com
Alan ; Bomstein iCreati�e Contractors, 624 Drew Street Clearwater 33755 �461-5522 'abomstein@creativecontractors_com
Joe Burdette 618 Pineland A�e., Belleair 33756 458-4528 lburdette505.@tampabav.rr.com
Katie _ �Cole IJohnson & Pape, 911 Chestnut St. Clearwater 33756 �461-18i8 kdtleC@lp�r�'11.CORl ___
Alan �El�bert Frenchy's, 1iQ00 Maiaga Dr., Largo 33744 492-8Q05 ;dldf��OCk99@dQI.COfi'1
� -- - - - ----- ----
Ste�e ,E�hardt � Hallmark Devekopment of Florida, 4500 140th A�e. N., @101 Clwr 33762 ceu: ��0-�090 ;steve@halimarkde�elapment.net
Ste�e Fowler i329 Roebling Rd., N. 8elleair 33756 j449-2021 ifowlerarch@aol.corrf
Gene �Gillespie 1230 Gulf Blvd., #1108, Clearwater 33767 'cell: 973-224-7956 ;21��IIe51r@dOI.001'I'1
Sheliey IKuroghlian I1821 Springwood Circle 5., Ciearwater 33763 cell: 643-1984 Shelle�.kuroehlianC�tamaabaV.rt�.c
14 IV€ark _�KI ae n � Kiein & Heuchan, Inc. 1744 N. Belcher Rd., #200, Clearwater 33765 __ 441-1951
15 leif � Kranschnabl St.�ete College, Seminole Campus, 9Z06 113th St., Seminole 33772 { 394-6205
16 Bob ��angnecker �JoAey Trol#ey - 201 Palm Island SW, Clearwater 33767 I445-1200
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17 Robert ; Pergoliui Gulf Coast Co�sulting, 13825 ICOT Bl�d., #605, Clearwater 3376D I524-1818
--- — - -- - �
18 Alex j Plisko , 800 �rew Street, Ciearwater 33755 442-72q0
19 Duane ISchulti �2805 Chancery Ln, Clearuvater 33759 796-2751
20 P.1. �5hah �Cumbey and Fair, Inc., 2A63 Enterprise Rd., Clearwater, FL 33763 797-8982
msk@ta rn t�a bav. rr.cam
� �cronschnabl.iefferv@spcofle�e.edu
� bob@clearwateriollevtrolley.com
; per�o �ulfcoastconsuatin�inc.com
�archp@�erizan.net
d schultz @ta m pa bav. rr.com
sha h Cc�cu m#ievfa ir.co m
2011 BUSINESS TASK FORCE
City of Clearwater
AGENDA
ORGANIZATIONAL MEETING
April 18, 2011
5:30 p.m.
1. Call to Order — Frank Hibbard, Mayor
2. Welcome/Mission Overview — Frank Hibba�d, Mayor
3. Introductions
4. Sunshine Law Review — Pam Akin, City Attorney
5. Elect Chair and Vice-Chair
6. Establish Meeting Schedule
7. Set agenda for next meeting
8. Adjaurn
2011 Clearwater Business Task Force
AGENDA
May 9, 2011
5:00 pm
City Hall Raom 222
1. Call to Order by Chair and Approval af Minutes 5:00 p.m.
2. Discussion by Members regarding Land Use: 5:05 p.m.
Communi Devela ment Code End by 5:20 p.m.
(Discussion led by Members Cale and Kronschnabl)
• Viewpoints and objectives ofthe Code
• Best practices: Clearwater vs. other communities
Permittin and CDS Process �nd by 6:40 p.m.
(Discussion led by Members Burdette and Pergolizzi)
• Application and Review Process
o Preliminary review
o Eliminating 100% ettgineering, traffic studies, and parking surveys
o Development Review Ca►nmittee and Building Permitting Review
Committee
. Level 1 vs. Leve12 Approvals
o Urban infill and the problems with Leve12 approval process
a Setbacks and Aavement as a"Structure"
. Changes of Use
o Six Manth Rule and Vacant Properties
o Conforming Uses
• Level 3 Development Agreements
• TechnologicalImprovements
o Praject inspectians: ways ta improve City Inspectors perfarmance
o �-Permitting and E-Cammerce
. Plan Reviews
o Private Plan Reviews
o Residential Plan Review Process
3. Set agenda for next meeting with data and time
4. Adjournment At ar before b:45 p.m.
2011 Business Task Force
City of Clearwater
AGENDA
May 24, 2011
5:00 pm
Municipal Services Building Room 130
1. Call to Order b Chair and A roval of Minutes: 5:00 p.m.
2. Mavor Frank Hibbard:
5:05 p.m.
3. Ado tion of Non-Final Recammendations Discussed at Ma 9`h Meetin : 5:15 p.m.
• Pravide for Electronic filing of development applications
• Provide simple "check-lists" for the various develapment applications
• Produce and publish videas on C-View and on the televisions in the Municipal
Services Building explaining the application and development review process
•�liminate Tree Inventory from initial application
• Eliminate Stormwater Narrative from initial applicatian
. Eliminate Parking Demand Study unless a Parking Variance is required
• Eliminate Complete Architectural Description from initial application (�liminate
requirement af colored renderings)
• Eliminate Grading Plan from initial application
• Eliminate Signage Portion of initial application
• Elitninate a Traffic Cmpact Study from the initial application unless the project will
generate more than 100 or more new vehicle directional visits per hour and/or 1,000
or more new vehicle trips per day
.�liminate Fire Flow Calculations/Water Study from initial application
• Require Development Review Committee to meet twice per month as opposed to
once per month
• Require comments frorn the Develapment Review Committee to be provided to the
applicant at least three days prior to the DRC meeting
• Eliminate Pavement as "structure" requiring Level 2 approval
+ Eliminate the automatic loss of a vacant property's "use" after a period of six months
and allow for Isevel 1 approval far the vacant property so long �s any new proposed
use is a "confarming use"
• Eliminate the requirement for multi-tenant properties that the entire properiy be
brought through the development review process when only ane of its parcels has
been vacant for a period of six months.
Business Task Force 2011-05-24 �
4. Com lete Discussion of Chan es Re ardin Land Use and Zonin : 5:35 p.m.
• Level 3 Development Agreements (Member Burdette)
o Prior Appraval by City Council
• (nspection Process (Member i3urdette)
o Provide Inspectors with laptops
• Plan Reviews: (Member E3urdette)
o Private Plan Reviews
a Residential Plan Review Process
• Impact fees (Member Burdette)
o Public arts, transportation, and recreation impact fees
5. Set agenda for next meeting with date and time 6;45 p.m.
6. Adjournment
At or before 7:00 p.m.
Business Task Force 2011-05-24 2
2Q11 Business Task Force
City of Clearwater
AGENDA
June 7, 2011
5:00 pm
Municipal Services Buildin� Roam 130
1. Call to Order
2. Approval of May 2�4, 2011 Minutes
5:00
5:00
3. Finalize Non-Final Recommendations Regarding Land Use 5:05
4. Presentation from Clearwater Chamber of Commerce Regarding Si�n Code 5:20
5. Discuss and Adopt Non-Final Recommendations Regarding Sign Code 6:00
6. Set Agenda far next meeting with date and time
: �P
7. Adjournment 6:45
2011 Business Task Force
City of Clearwater
AGENDA
June 2l, 2011
5:00 pm
Municipal Services Suilding Room 130
1, Call to Order
2. Minutes Approval of May 24, 2011
3. Discussion of Alan Review, Permitting, and Inspections
4. Discussion of General Code Change Suggestions
5. Discussian of Code Enforcement lssues
a. Vacant/Foreclosed Properties
b. Grace 1'eriad ta Take Remedial Measures
c. Code Enforcement Board's Authority to Reduce Fines
6. Other New Business
'1. Set Agenda and date and time of next meeting
S. Adjournment
2011 Business Task Force
City af Clearwater
AGENDA
July 12, 2011
5:00 pm
Main Library 2°d-Floor Board Room, 100 N. Osceola Avenue.
l. Call to Order
2. Appraval of June 21, 20 ] 1 Minutes
3. Public Comment — Limited to three minutes per member of the public
4. Discussion of Non-Final Recommendatians with Michael Delk
S. Set date and time of next meeting
6. Adjournment
2011 Busittess Task Force
City of Clearwater
AGENUA
]uly 26, 2011
5:00 pm
Municipal Services Building Room 130
1. Call to Order
2. Minutes Appraval of July 12, 2011
3. Presentation from Todd Pressman regarding Permitting and Changes of Use
4. Review of new Recommendations
5. Review of current Recommendations
6. Set Agenda and date and time of next meeting
7. Adjournment
2011 Business Task Force Meeting MinuCes
City of Clearwater
April 18, 2011 Minutes
Present:
City Staff: Mayor Frank Hibbard
City Attorney Pam Akin
Commissioner John Doran
Members: David Albritton, President of David Albrittan, Building Contractor Inc.
Brian Aungst, Jr. (Chair) & Attorney at MacFarlane, Ferguson & McMullen
Jae Burdette, Construction program manager w/various prajects in City.
Katie Cole, Attorney at Johnson & Pape
Alan �bbert, Frenchy's restaurants Operatian Manager
Steve �ngelhardt, Hallmark Development Inc.
Steve Fowler, Architect, Pawler Associates Architects, Inc.
Gene Gillespie, PresidenC of Sand Key Civic Assoc. & Gillespie & Assoc.
Jeff Kronschnabl, lnstructar with St. Petersburg College (retired from City)
Shelley Kuroghlian, President of Clearwater Neighborhoods Coalition
Robert Longnecker, Manager af Clearwater ]olley Trolley
Rabert Pergolizzi, Principal at Gulf Coast Consulting, civil engineers, �tc.
Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978
Duane Schultz, Code Enforcement Board
P.J.Shah, Cumbey and Fair, Inc.
Members Absent:
Alan Bomstein, Creative Contractars Inc.
Mark Klein, Klein & Hutchens Real Estate
Minutes:
Mayor Hibbard Chanked all Members for accepting the invitation to serve on the task force.
Members were chosen because of their wide variety of experiences wiCh the City as business
leaders and community activists.
Lveryone intrt�duced themselves and stated some of their relevant experience. (see above) Mayor
Hibbard then introduced Commissioner John Doran and City Attorney .I'am Akin.
Mayor Hibbard discussed how the board came about, because of complaints about cade
enforcement, land use, processes in the Planning Department or the way we enforce our
Business 7ask Force 2011-04-18 �
ordinances. There are reasons why we do what we do and we want ta maintain a high quality of
life within the City. Mayor Hibbard remarked about Mr. Kronschnabl's time in diiferent
departments in the City and believes he will be of help to the task force.
Businesses sometimes want to do anything they want, where they want to do it and do it in a
short time frame, and then residents/neighborhoods complain. County proposed a zip-line at
Sand Key Park and residents complained to the Sand Key Civic Association, the Council will
take a posilion regarding this. Member Aungst previously mentioned the Chamber of
Commerce's efforts to amend the sign code, the Council will hold off on acting on any
recommendations because this group needs to have input on that tapic. We will not be givin�;
yau specific directions, we don't want this to be a City driven, and we want this to be business
owners and stakeholder driven. You have the ideas about what needs to be changed in the City.
Besides the sign code the planning and zaning process is a concern, getting permits, buildings
which were vacant for six months or more needing to be brought into compliance. We want ta
find some common sense solutions to some of the issues that are roadblocks. Frenchy's (seating)
and Beachwalk (catalyst for businesses) had problems. We have to appreciate the needs of
residents and businesses and keep our community special. We want you to access any staPf you
need to speak with. We are hoping for a four to six month time frame. You need a w�rk product
to present to Council. Mayor �-Iibbard believes this is a dream team.
Member Aungst asked about the status of the charter review committee and whether there will be
any averlap. Attorney Akin spoke to the fact that they are currently discussing the form of
government of the City. Focus is on form of government and representation not on the
processes af the City. Haping the charter review commirtee will have recommendations in
September or Uctober. "I�his task farce may overlap some issues. Mayor I��Iibbard said he would
get a copy af the charter review committee's recommendations ta Members.
Chair or Vice Chair af this task force will give a report to Council and d�pendin� on whether or
not they agree they will implement changes with staff or ordinances. ReMember that there are
unintended canseyuences with any decision the task force makes, and it will depend whether
they can live with them or not. Reach out to the larger business community and the residential
comrnunity and we will make a larger room available.
Member Schultz suggested the other Members ride with a cade enforcement officer because it is
an eye-opener regarding unintended consequences regarding both sides of a story with issues in a
neighborhaod.
Attorney Akin reviewed Sunshine Laws regarding this task force, Members cannot talk to other
Members outside of ineeting except in a publicly noticed meeting, no ernails to each other
Business Task Force 2011-04-1$ Z
neither through staff ar friends, also phane calls. Minutes will be taken and approved at each
meeting. The public is allowed to attend and Members ean allow them to speak. e-mails are
public records and copies are to be sent ta the Clerk's offce and to
Rosemarie.Call m clearwater.com. The City Clerk will forward all correspondence to the
Members. Members can research and gather information by themselves to be brought to next
meeting and shared or be split into subcommittees to gather infarmation which must have
minutes taken and braught to meeting.
If you send an e-mail to outside groups such as the Chamber of Commerce, that e-mail has to be
sent to Clerk Call, you can call and talk and gather information and then bring that info to the
next meeting. Phone calls between a Member and non-Members are not public record. Yau can
talk to any staff any business person or Members of any other baard, any other person except
Members of the task force until you come to the meeting. Attorney Akin will send aut format for
e-mails to be sent.
This task force will make recornmendations to the Council and the City will determine whether
to take it further and make changes to the Cades or Ordinances. If yau want to hold a public
hearing it must be advertised and posted. Ordinances and Codes may need to be changed
because they are tying staffls hands and the process could be easier.
Mayor Hibbard mentioned that Members Mark Klein and Alan Bomstein are not present. Mayar
Hibbard and Attorney Akin left the meeting at approximately 6:12 pm and turned it over Co
Members to elect a Chair and Vice Chair.
Member �owler moved to elect Member Aungst Chair, the motion was seconded by M�mber
Albritton and Member Aungst was elected Chair unanimausly. Member Plisko was unanimously
elected Vice Chair.
Chair Aungst asked Members to inCroduce themselves and share their particular expertise, why
they believe they were selected to serve on the task force, and what they hape to accomplish.
Member Fowler — would like to streamline the process to get permits and make it easier and
faster for property owners. Often times clients complain about the length of time the permitting
process takes. Aroperty owners realize that the process is too long and the owner gaes ahead and
doesn't get approval. This is not good for Clearwater. Tampa has administrativ� staff that can
waive 10% of requirements.
Member Albritton — serves on Downtown Development Board and works hard to attract
business, but business people run away due to length of time for permits and fees. He agrees that
the Codes are very difficult for a small business person to navigate. They may end up going to
Business 7ask Farce 2011-04-1$ 3
some other City and Clearwater loses out. He hopes to change management, Codes and
�rdinattces. We need to change the way management handles requests.
Vice Chair Pliska - Michael Delk is good about responding, but down the chain of command no
one calls back. He does not think some of the planners are qualified for their job. The person
who interprets the Code says "You can't do it". It takes 12 to 16 weeks for something ta get
appraved or turned down. Need appointment process. Old Code was driven by variances but now
is better. It is the same thing with Kevin in the Building Department, no �rievance committee.
Why the shut down on Wednesday afternoon?
Member Kronschnabl — Worked in the Department for 13 years, the process seems to be
hindered by the Code. There is no excuse for bad attitudes or for processes that don't work. �Ie
would like to go through with the Members how Codes are written and why they are in place.
He would like to work on the process to make it fair, consistent, and impartial.
Member Burdette — Doesn't think its staff, it's the process it's crazy and inefficient. Thinks we
need to change the Code. The cost is ridiculous. It costs $60,000 to $90,000 to go through the
Community Development 13oard process just to find out if a project might be approved. Maybe
we should split up into groups ta discuss different aspects of the process. We need to have the
support af the Council to change the Codes. Give the inspectors computers to carry around with
them to use so they are more responsive and then he won't have to hire private inspectors. We
can do this in less than six months.
Member Gillespie — Was the President of Dun & Bradstreet France far four years. He left and
started his own business and wark with Kiwi Airlines, Hospitals, and other small busin�sses. He
appreciates what small businesses deal with. Signage rules infuriated him. President of Sand
Key Civic Association. Mentioned the Hyatt problems with sidewalk setbacks and parking.
Member Kuroghlian — A neighborhood activist and President of the Clearwater Neighbarhood
Coalition. She hears from residents who only want to improve their hames and are fed up with
the process. Money is a sticking point and that Clearwater is known as the City of "no."
Concerned about the impact of the changes the task force will be recommending ott residents and
neighborhoods. Management is a key coneern in the City, it is bo�ged down with the chain of
command. No one is autharized to make a decision except the upper level managers. This is the
culture 1 would like to see changed. Wants ta discuss the way the City daes business including
the management process.
Member Pergolizzi - The process is broken and upside down. He is a Member of the Chambsr
of Commerce and has tried to work with the City to make the process better. The Community
Development Code ties staff's hands. He met with Michael Delk back in September and said five
Business Task For[e 2011-04-18 4
things: l. Duplicatian 2. Time cansuming 3. Chasing business to other cammunities 4. Toa
expensive 5. Develapment cade ties hands. M.r. Delk says we don't want to be like other
communities. Economic Development hired an outside consultant from Texas. Same thin� was
determined. Aarking study cast $2000 or $3000 after a site plan after which it can be turned
down. Engineering plans would be $50,�00 to $60,000. Believes we can improve the process
and still keep Clearwacer special.
Mernber Cole — Would like the group to come up with holistic recommendations after loaking at
the Code of Ordinances and the Comrnunity Development Code. Want to focus on more than just
the police aspect. Look at the Ordinances that impact business and planning for the City.
Information guide for City needs to be updated. Inter-Departmental cooperation needs to be
improved. Technology needs to be implemented ta help staff improve the process. We need to
make sure we have reasans for changes. Do a hit list, schedule speakers and educate ourselves.
Member Ebbert — Has worked on Clearwater Beach for many years. As Prenchy's operations
manager, went through a lot with the City. Codes need updating, things have changed over the
years, but rules are there for a reason for safety and other things. Clearwater is one of the hardest
cities to work with concerning permitting and building Codes. St. Petersburg has done a great
job.
Member Longnecker — Is an engineer attd was involved with network engineering. Worked in
Germany and had a team of 40 industrial and civil engineers. Has not dealt with the City on
permitting but has dealt with them regarding the Jolley Trolley. His interest in Clearwater has to
do with changing the attitude. Houses built around him are higher than his. He has na view,
Flood plain restricts or building height restrictions don't seem consistent everywhere. Duneditt
is a lat easier to deal with.
Member Engelhardt — With Engelhardt Realty and represents a lot of small businesses in
Clearwater. Ainellas County is built out, but Hillsborough is still building. Dunedin is easier.
Clearwater's negative image needs to change, the City has a bad image for development. No
help for homeowners. Staff can't da what's not in the Code. Pinellas County is much easier to
deal with.
Member Schultz — Chairman of the Code Enforcement Board. Would like the City to be not so
adversarial, there's always a problem with the Codes. They should come in ready to work with
residents and business owners. Issues with lots of different things. Don't think it will be easy.
Member Shah -- Make changes so Clearwater can bring in more business. Clients come to him to
help them with the process. Bring back incentives and enterprise zones. We have the best
weather and best beaches in the state. Look at the Gas Uepartment and Chuck Warrington,
Business Task Force 2011-04-18 5
sellin� gas in Pasco County and doing a great jab. Check out Pinellas County process, and he can
get a one day walk thraugh and get all my permits done.
At the conclusion af the Members' comments Chair Aun�st stated the overall purpose of this
task force is to make Clearwater "more business friendly" and that should be the averriding
focus. We have been given wide breath, but our process is going to be just as impartant to our
success or failure as the City's process is to its success or failure. Chair Aungst identified the
following areas of facus: l. Land Use (including, permitting/construction, zoning, and the
Community Development Cade); 2. Code Enfarcement; 3. the Sign Code; �. Government
Administration; S. Neighborhoods and Residential; and 6. Downtown.
'Th� general suggestion of inviting Michael Delk to the next meetirtg to discuss land use was
rnade. Chair Aungst asked the task force if they wanted to hear from Mr. Delk at the next
meeting to be exposed to all of the issues, or if they wanted to meet without hearing from the
staff first and come up with our own issues and recommendations.
A comment was made that we don't need to have staff come because just about everyone knows
how things are processed at the City. Chair Aungst wants to figure out if the Members want to
talk to the staff first or meet independently without staff. The Council will not accept our
recommendations without staff input and it is important to work with thetn ta ensure our success.
Member Kuroghlian wants to hear from Mr. Delk first, some of the Members don't deal with the
departments in the City on a daily basis because they are not develapers or contractors.
Chair Aungst called for a motion to be made as to how to proceed at the next meeting. Member
Shah moved to meet without City staff at the next meeting and far the Members to discuss land
use, permittin� and zoning and the Development Cade. Then at the Following meeting have
representatives from the City come give their thaughts on aur recommendatians. The motion
was seconded and discussian ensued. Member Burdette suggested Members with less
experience with the land use issue could meet with Michael Delk prior to aur next meeting to get
up to speed. A vote was taken and the motion passed. Members Kuroghlian and Gillespie
discended.
The next meeting will be held Monday, May 9, 2011, Manday at 5:00 pm in the same room.
Chair Aungst will approach the City about adding this task force to the City's web site.
Business Task Force 2011-04-18 6
Meeting adjourned at 7:36 pm
Attest:
Board Reporter
Business Task Force 2011-04-18
Chair
Busin�ss Task Force
2011 Business Task Force Meeting Minutes
CITY OF CLEARWATER
May 9, 2011
Present: David Albritton, President of David Albritton, Building Contractor Inc.
Brian Aungst, Jr, (Chair) & Attorney at MacFarlane, Ferguson & McMullen
Alan Bomstein, Creative Contractors Inc.
Joe Burdette, Canstruction program manager w/various projects in city.
Katie Cole, Attarney at Johnsan & Pope
Alan Ebbert, Frenchy's restaurants Operation Manager
Steve Engelhardt, Hallmark Development Inc.
Steve Fawler, Architect, Fowler Associates Architects, Inc.
Gene Gillespie, President of Sand Key Civic Assoc. & Gillespie & Assoc.
Mark Klein, Klein & Hutchens Real �state
Jeff Kronschnabl, Instructor with St. Petersburg College (retired from city)
Shelley Kuroghlian, President of Cl�arwater Neighborhoods Coalition
Robert Pergolizzi, Principal at Gulf Coast Consulting, civil engineers, etc.
Alex Nlisko, (Vice-Chair) Architect in Clearwater since 1978
Duane Schultz, Code Enforcement Board
P.J.Shah, Cumbey and Fair, Inc.
Also Present: Pam K. Akin, City Attorney
Absent: Robert C�ongnecker, Manager of Clearwater Jolley Trolley
AMENllED MINUTES
Chair Aun�st called the meeting to order and told the members that Member l,ongnecker
(absent) emailed him with changes to the last meetings minutes. Chair Aungst read a section af
the email as follows: "I would like to correct the minutes as to what has been reported from our
last meeting. 1 do believe there are inconsistencies in the approval process; but it does not/has
not affected my view. My comment with the comparison of Clearwater and Dunedin was not a
legal or pracess issue, but rather with what I call PEP...remaining Positive, Enthusiastic and
Persistent; yes, I believe that counts in government tao. It is an attitude that something, nearly
everything, can be accomplished by determined people."
The Chair asked for a motion to approve the minutes, Member Gillespie spoke up and asked for
another change to the last full paragraph to add a sentence that says "Members Kuroghlian and
Gillespie dissenting". (This was hand written into the minutes) The minutes were approved with
the above changes.
City Attorney Pam Akin was asked to address the members as to emails among tnembers. She
clarified the fact that they can send out memorandum but what you cannot do is respond to them.
Once at the meeting yau can discuss them, no emails back and forth to each other. It is a
violation of the open meeting law. A member asked about calling someone to ask questians, if it
is a member the questian needs Co wait until the meeting. If you need help an something, you
can call the City Clerk's Office and they will help you or direct you to someone else to help yau.
Chair Aungst thanked City Attorney Pam Akin for coming and speaking to the group. He then
tald the members that he had met with Mike Delk since the last meeting and Mr, Delk was open
to chartge. He alsa had some opinions but hoped this graup would find areas for improvement.
Cornmuni Devela ment Code Discussion
Chair Aungst asked Member Kronschnabl and Member Cale to start off the discussion. Member
Kronschnabl stated that the code is nothing more than a guideline with which you can be
comfortable in the area you live. These guidelines should be reviewed on a regular basis. He
wenC on to give an example of roosters and chickens in New Jersey. Behaviors change and
cades change. Blight doesn't just maan high grass, it may mean problem businesses, strip clubs,
pawn shops, tattoo parlors, etc.
Member Kronschnabl showed a picture of Gulf to Bay Boulevard from the 1980s, and stated that
the group should take incremental steps on where to �o on an issue and ask the stakeholders what
they think. Education is a carnerstone. Sign issues are the same, businesses owners would paint
a sign on an old piece of plywood. Please put in place standards. He will be teaching on Monday
nights for summer session so will not be able to come to meetings on Mondays.
Member Kronschnabl also stated that the county copied our develapment code for boats and
RV's. Dunedin came aver and copied our permitting process, the steps. Research has shown that
a 4' x b' sign is the best across the country.
Metnber Bomstein stated that over a period of time we have stripped away cammon sense. A
book called "The Death af Comman Sense" is a very good read, not long. The greater goad
should be served. Now everything is scrutinized. Consultants have to be called. Chair Aungst
stated that he had talked ta Mike Delk and he said that he didn't want his Level 1 Planners to
have the discretion to deviate from the Code because he has to persanally be able justify cvery
decision to City Manager Bill Horne.
Member Kuroghlian asked Member Kronschnabl if he was gaing to stay r�vith the task force or
resign and become a resource. Member Kronschnabl didn't know and Chair Aungst said he
needs ta talk to Parn Akin, The Chair alsa suggested that members cart schedule meeting with
other staff. Alsa to change the meeting day to a Wednesday or as suggested a Tuesday. The
Chair passed around a copy of a Flexible Application for everyone to sec what is required at the
beginning of the permiCting process and also a copy of the department schedule for the 78 day
process toward f nal approval.
Member Cole then stated that she thought the Clearwater Code was designed as a performance
based code. She thinks the intent of the Code was to give options to people, if certain items are
met you can have the permit. There are na variances, but ranges that determine what applicaCion
is required. The Code was intended to be a redevelopment Code far new projects, it is biased
against existing projects. Change of use requires a Leve12 approval in which you must go before
the Community Develapment Board, even if there's no structure change.
Member Cole also stated that there is supposed to be give and take, asking the staff Co use
common sense and they need to have the pawer to do that. She talked about the overlay districts
(downtown, the beach and neighborhaods) which create issues for homeowners. These districts
are based on character, goals and policies which are conf7icted with interpretation. Lang ran�e
planning should have a balance of what staff wants the city to laok like in 2U years versus what
is practical. Compared with other communities in Florida we are unique.
Member Kuroghlian stated she thought the city looked good, and the neighborhoods still have to
live with it long after tha developers are gone. Member Albritton made a statement that it was
hard to do long range planning because of the economy. Other members talked about the
variance procedure being an issue. Member Cole stated there is application called a
Comprehensive Redevelapment Applicatian that basically is a variance of everything.
Member Bomstein spoke about the Mayor appraaching him to be an the panel. The Mayor told
him that Chis task force was to make Clearwater more business friendly. He says he did not sign
on ta be on a review committee for the development cade. Chair Aungst stated that the Council
left no speciiic mission statement or agenda for this task farce but to make Clearwater more
business friendly, and that they only wanted our feedback. He also said that the Mayor told him
thc permitCing process was broken, and something we can make better. W� have also been asked
to look at the Sign Code, alsa code enforcement and maybe zoning. Chair Aungst thinks that the
task force can make at least ten recommendations for each topic. He hopes to meet every 2 to 3
weeks for two haurs and complete the work in only f ve ar six meetings.
Member Bomstein brought up the high cost of getting permits, which require $50,000 to $75,000
in getting plans. There are four failed prajects downtown and staff makes it very, very difficult.
(Station Syuare, Water's Edge, 1100 building, M1,K building) Chair Aun�st started a white
board listing of bullet points of suggestions (attachment at end of minutes).
Permittin and CDB Process Discussion
Application and Review Process
Member Pergolizzi stated that it was not staff problems but the code which ties their hands.
Clearwater requires too much before an up ar down vote from the CDB, The code required a
client of his ta prepare a survey of the properCy, full engineering plan, a full storm water
calculation, fire flow which cost thousands of dollars. He was denied twice and after a few years
finally got approved after spending $50,000 to $6Q,000. He now goes the site planning process
and it will take another two ta four weeks. He passed around the Flexible Development
Applicatiott and highli�hted the areas he believes should be required by the City. (see
attachment)
Member Fowler asked how we compare with other communities. Member Pergolizzi cited
Ninellas Park, Largo and Clearwater. i'inellas Park charges about 24% in the 15` phase
(preliminary), 69% in site permit requirements and 7% in construction phase. Lar�;o charges
about 30% in the 15` phase, 55% in the 2"d phase, and 15% in the last phase. Clearwater charges
about 64% in the l st phase, 26% in the 2"d phase and 10% in the last phase.
Member Kuroghlian asked how long it takes in the different communities. Member Pergolizzi
says there is no �uarantee in any place how it takes to get Che project in place. Member Cole
cited Section 11 in the code regarding the time allotment. Clearwater is the only one that
requires a full site plan.
Member Pergolizzi talked about a traffic assessment instead of a detailed traffic study. A full
storm water study should be left until the final site plan, a narrative should be sufficient. There
are duplication problems. Flexibility, item #6, architecture needs should be a narrative. An
electronic ability ta file wauld help.
Traf.fic studies should be a ane paragraph assessment, maybe not on the beach or tourist area.
Member Kuroghlian stated that a study wasn't needed everywhere. Member �3omstein stated that
downtown or beach traffic studies weren't needed. He is very frustrated with what the
committee is doing, and thinks that they are getting too deeply involved in the Code. They
should only be looking at make it easier to get permitting done. Member Kuroghlian stated that
maybe no traffic study unless a trigger point is reached.
A discussion ensued about the traffic study and it was said that a detailed traffic study is only
needed at the final plan. Member Pergolizzi stated that staff is more conservative with parking
needs. Member Kronschnabl stated that staff wasn't bad, just working within their parameters.
Member Cole stated that staff shauld acknowledge the range of acceptability. Member
Pergalizzi stated that there is an ITE Parking Generatian software pr�gram that has been used for
pra�ects.
Chair Aungst asked for comments on the DRC and the BRC process. The DRC is rnandatory;
the BRC has been helpful but applicants need the DRC comments earlier. Need to use yaur time
to better advantage. A member went inta the Building Department office and asked for a
checklist, they had nothing to help people through the process. Discussion ensued regarding
online help, a checklist, a video, and other educational materials. Also a cross reference
regarding building codes.
Member Gillespie asked about doing away with the parking studies. There is a parking code so
studies are not needed. Chair Aungst stated that members wanted to insert a range. Member
Gillespie asked if the members are suggesting they eliminate parts of the application that
currently go to the CDS and leave those things to the staff and applicant to discuss after CDB
approval?
Chair Aungst stated referenced the earlier discussion and said in instances where stai�f had
concerns there would be more detail required prior to CDB appraval. Aarking would have a
rartge and that would provide guidance to the staf£ Member Gillespie asked about how that
would impact, say the Cabana Club. Mernber Gillespie talked abaut the fact that they okayed a
restaurant and hotel and it had enough parking, but only when they were combined.
Member Kuroghlian stated that she Chought we should da as the other communities mentioned.
Anather member asked abaut setbacks, parking, a paragraph will not be enough. Small projects
or large projects will require more wark. Staff is only concerned with the Code.
Member Burdette stated he was nat going to go through this process and he will not be here for
six months, they are getting off track and he is not going ta go thraugh the Code. He cares
nothing about the Sign Code or code enforcement.
Level 1 vs. Level 2 A rovals
Discussion ensued regarding the problem that pavement is regarded as a structure. Some
structures require Level 2 Approvals. If property has a setback with parking it requires Level 2.
Parking garages (Hyatt) at sidewalk, right turn lane goes into the garage. More staff discretion at
Level 2.
Changes of Use
Member Burdette said that there is a permitted use. Member Cole stated that there are two
issues: nonconforming structures and changes of use withirt nonconForming structures. A
member stated the City is trying to get everyone to bring their buildings up to Code. Member
Cole says that parking and landscaping has to canform and the Code says to the maximum extent
practical.
Chair Aun�st asked if the members want ta add "as much as practical" ta the 6 manth rule
language. He told members that he would put out a draft agenda far the next meetin� to
members. He wants the next meeting to be Monday, May 23r� at 5:00 p.m. Member Kuroghlian
suggested the next meetin� be on a Tuesday so member Kronschnabl can attend. Chair Aungst
asked if anyone had a probletn with the next meeting being held on Tuesday May 24`" at 5:00
p,m. and there was no objection. The Chair asked if the members would like to take public
comment at a future meeting. Members Burdette and Pergalizzi do not think the task force
requires public comment. Chair Aungst encouraged the m�mbers to send a memorandum their
suggestions to the City Clerk Rosemarie Call for distribution to the other members as member
Eiurdette had done.
Meeting adjourned at 7:04 p.m.
WHITESDARD PDINTS
(Applicatian and Review Process)
Eliminate:
Tree Tnventory (only w/final site plan)
Storm Water
#6 on plan (architect detail, verbal description, no calor)
Electronic filing
Traffic studies (1 paragraph assessment)
Parking surveys (create a range)
DRC (all cornments 3 days before meeting)
Education (an online guide w/videos and a checklist) and cross reFerence building codes
Charter vesting
(Level 1 vs. Level 2 Approvals)
Eliminate:
Pavement as a structure
(Changes of Use)
Changes w/multi use
2011 Business Task Force Meeting Minutes
CITY �F CLEARWATER
May 24, 2011
Present: Brian Aungst, Jr. (Chair) & Attorney at MacFarlane, Ferguson & McMullen
Joe Eurdette, Construction program manager w/various projects in city.
Steve Engelhardt, Hallmark Development inc.
Steve Fowler, Architect, Fowler Associates Architects, Inc.
Mark Klein, Klein & Hutchens Real Estate
Jeff Kronschnabl, Instructor with St. Petersburg College (retired from city)
Shelley Kuroghlian, President of Clearwater Neighborhoods Caalition
Robert Pergolizzi, Principal at Gulf Caast Cansulting, civil engineers, etc.
Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978
P.J.Shah, Cumbey and �air, Inc.
Also Present: Frank Hibbard, Mayor
Absent: David Albritton, President af David Albritton, Building Contractor Tnc.
Alan Bornstein, Creative Contractors lnc.
Kati� Cole, Attorney at Johnson & Pope
Alan Ebbert, Frenchy's restaurants Operation Manager
Gene Gillespie, President of Sand Key Civic Assoc. & Gillespie & Assoc.
Robert Longnecker, Manager of Clearwater Jolley Trolley
Duane Schultz, Code Enfarcement 8oard
Chair Aungst called the meeting to order. Mayor Hibbard was asked to attend to clarify concerns
from the graup as ta the direction they shauld take.
Mayor Hibbard reiterated statements made at the first meeting. He wanted a diverse group and
people who deal with Che city and to answer questions. He wants the group to identify concerns
about inefficiencies in the city and that businesses think we are "unfriendly" to work with. Make
recommendations to areas that need to be addressed. Hc wants them to hold a public mceting to
identify problems in thc city, such as the Planning Department, the code, any contact that
businesses have with the city, signage, etc.
He does not see this as a year long process but 3 to 6 months. The council will take their
recommendations and make changes where they think improvement will make a difference and
make it better to work with the city. He does not want this group to rewrite the code. The council
Business Task Force 2011-05-24
did not give them a specific agenda. They can make recommendatians about staff and attitudes
and talk to staff, or look at anything they think needs improving. They can have staff come in
and talk. First they need to clarify their findings.
Chair Aungst hopes to be done by the end of July or early August. The Task Porce will have a
meeting where it discuss its non-final recommendations with Mr. Delk and takes public
cornment. The Task Force will then have a fnal meeting to approve final recammendations.
He asked for a motion to amend the minutes as suggested Member Kuroghlian. A discussion
ensued as ta what changes should be made to the minutes. Chair Aungst asked if anyone else had
changes and the members voted to apprave the changes as stated.
Adoption of Non-Final Recommendations Diseussed at May 9�h Meeting
A discussion ensued regarding the bullet points on the Agenda and topics discussed at the May
9`n meeting regarding land use, zoning, and the Community Develapment Code. The Members
decided ta strike "narrative" and replace it with "design plan" in the fifth bullet point. The
Member decided strike "variance" from the sixth bullet point and replace it with "flexibility" and
"per the parking code" at the end of the bullet point. The Members decided to completely
eliminaCe the seventh bullet point, The Members decided to replace the last bullet paint with
"Develop reasonable procedures prior to requiring existing multi-tenant properties to be brought
thraugh the development review pracess."
A motion was made and seconded to the non-final bullet point recommendations as amend�d.
The mation was passed by the Members unanimously.
Complete Discussion of Changes Regarding Land Use and Zonin�
Member Burdette talked about Level 3 development process and the problem of being asked for
sornething more at the last minute. Process needs to be changed so that applicants are not
required to fulfill additional requirements at the conclusian of the process.
Regarding the inspection process, the inspectors need to be provided with laptops or tnobile
devices like the inspectors at the County have to increase efficiency.
The City should pravide a discount or ather incentives for applicants utilizin� a private plan
review .
Impact fees have been slashed in other municipalities and Clearwater should reduce theirs.
Discussion ensued about other cities fees and what Clearwater requires. A suggestion was made
that the City amend Sectian 4-202 af the Community Development Code to remove some of the
requirements for T,evel 3 prajects. A discussion was also had about the .Public Art Ordinance
and whether it is an impact fee ar should be reassessed by the City.
Business Task Force 2p11-05-24
Chair Aungst asked Members to come up with language for recommendations to be submitted to
the Task Force at the next meeting regarding the topics discussed for the frst time at this
meeting. The langua�e will be for development agreements, inspection process, plan reviews
and impact fees. The next meeting will feature a presentation from attorney Roger Larson from
the Clearwater Chamber of Commerce re�arding proposed changes to the Sign Code.
Next meeting June 7, 2011 at 5:00 pm, at the MSB room 130.
Meeting adjourned at 6:50 pm
Chair
Business Task Force
Attcst:
Soard Reporter
Business Task Force 2011-05-24
2011 Business Task Force Meeting Minutes
CITY O� CLEARWATER
June 7, 2�11
Present: David Albritton, Presid�nt of David Albritton, Building Contractor Inc.
Brian Aungst, Jr. (Chair) & Attorney at MacFarlane, Ferguson 8� McMullen
Joe Burdette, Construction program manager w/various projects in city.
Katie Cole, Attorney at Johnson, Pope, Bokor, Ruppel, & Burns
Gene Gillespie, PresidEnt of Sand Key Civic Assoc. & Gillespie & Assoc.
J�ff Kronschnabl, Instructor with St. Petersburg College (retired from city)
Shelley Kuroghlian, President of Clearwater Neighborhoods Coalition
Robert Pergolizzi, Principal at Gulf Coast Consulting, civil engineers, etc.
Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978
P.J.Shah, Cumbey and Fair, Inc.
Absent: Alan Bomstein, Creative Contractors Inc.
Alan Ebbert, Frenchy's Restaurants Operation Manager
Steve Engelhardt, Hallmark Development Inc.
Steve Fowler, Architect, Fowler Associates Architects, Inc.
Mark Klein, Klein S� Hutchens Real Estate
Duane Schultz, Code Enforcement Board
Rabert Longnecker, Manager of Clearwater Jolley Trolley
Also Present: Drew Harwell, Reporter with the St. Petersburg Times
Rager Larsen, Attorney at Johnson, Pope, Bokor, Ruppel, & Burns
Chair Aungst called the meeting to order and asked for last meeting minutes approval, the
members approved the minutes unanimously. The bullet paints from last meeting were
discussed and a language change was proposed for a bullet point as: Revisit Land
Development Code Section 4-6.02, Section 4-6.03 and Section 4-2.02.
The Chair reminded members that these bullet points are non-final and may be revised
before anything goes before the City Council. The m�mbers will be discussing the non-final
recommendations with City staffers and the public at an upcoming meeting.
Discussion continued regarding the bullet points from the May 24tn m�eting and additional
revisions were suggested. The bullet points were unanimously adopted as non-final
recommendations as amended.
Chair Aungst intraduced RogEr Larsan of the Clearwater Regional Chamber of Commerce
Government Affairs Committee. The Task Force was asked to address certain Sign Code
recommendations before they are discussed by the City Council. Discussion ensued
regarding all areas of possible sign rules such as; "sandwich board" ordinances, window
8usiness Task Force 2011-06-07
signage and logos on vehicles, human signage, digital signage. Also sizes, umbrellas, free
standing, monuments, murals, and address numerals were discussed.
Discussion ensued regarding where the City stands on signage and a motion was made to
amend a bullet point on the first page. Bullet point language -"Consider allowing umbrella
signage with logos provided the Ioga is not of the principal business" language was voted
on and approved unanimously. "Allow for permitted sandwich boards for all business
owners so long as the business complies with th� requirements of the sandwich board
ordinance" was voted on and approved unanimously. "Allow for arabic numerals" on page
two bullet point was voted on and approved unanimously. "Reevaluate the restrictions on
the frequency of changing messages on permitted electronic message boards" was voted
on and approved unanimously.
Chair Aungst asked if the next meeting was okay for June 21 st at 5pm at the current
location, everyone agreed. It was also agreed that the meeting with Michael Delk and the
public comment will be held on July 12, 2011. Chair Aungst also asked th� members for
suggestions for the agenda at the next meeting and to send them to Rosemarie.
Meeting adjourned at 6:51 pm.
Chair
Business Task Force
Attest:
Board Reporter
Business Task Force 2011-06-Q7
2011 Business Task Force Meeting Minutes
CITY OF CLEARWATER
June 21, 2011
Present: David Allbrittan, President of David Allbritton, Building Contractor lnc.
Brian Aungst, Jr. (Chair) & Attorney at MacFarlane, Ferguson & McMullen
Alan Bomstein, Creative Contractars Inc.
7oe Burdette, Construction program manager w/various prajecCs in city.
Katie Cale, Attorney at Johnson & Pope
Alan �bbert, Frenchy's Restaurants Operatian Manager
Steve Fowler, Architect, Fowler Associates Architects, Inc.
Gene Gillespie, President of Sand Key Civic Assoc. & Gillespie & Assoc.
Jeff Kronschnabl, Instructor with St. Aetersburg Callege (retired from city)
Rabert Longnecker, Manager af Clearwater Jolley 1"rollcy
Rabert Pergolizzi, l'rincipal at Gulf Coast Consulting, civil engineers, etc.
Absent: Steve Engelhardt, Hallmark Development Inc.
Mark Klein, Klein & Hutchens Real Estate
Shelley Kuroghlian, Aresident of Clearwater Neighborhaods Coalition
Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978
Duane Schult�, Cade Enforcement Baard
P.J.Shah, Cumbey and Fair, Inc.
Chair Aungst called the rneeting to order. He called the graups' attention to a listing of all the
non-final recommendation they have talked about and agreed on. He asked if anyone had any
changes to the minutes from June 9, 2011. David Allbritton moved to pass the minutes with thc
spellin� of his last name corrected. The motion passed unanimously.
Chair Aungst asked if everyone had the email that Member Burdette had sent to City Clerk
Rosemarie Call, copies were provided far everyone at the meeting. Discussion followed
regarding Plan review, permitting and inspections as io the bullet points in the email. The group
discussed the idea of an "applicant advocate" to guide a project thraugh the whole process of
permitting, planning and review with the City.
Business Task Force 2011-06-21 1
Private versus commercial plan reviews were discussed. The group discussed the State of
Florida laws permitting applicants ta utilize private inspectors and plan appravals and discussed
whether the City should give applicants who utilize private resources a discount. The group alsa
discussed whether such a discount would lower the City's revenues and adversely impact the
taxpayers.
A questian was asked about what kind of product the group would presenC to the City Council.
Chair Aun�st stated that after the public's input the graup would meet to talk abaut what they
learned from the public and that he wauld put together a frnal report, maybe 20 pages, for the
group to ga over before a presenCatian to the Cauncil. He also stated that he thought that would
be sometime in August.
Inspection fees and permit fees were discussed by the graup and whether the City would beneft
from the Pees charged. Policy versus philosophy in how the department is run was discussed as to
whether an "advocate" hired by the city ar whether planners would undertake this role. Member
Burdette stated that there was no "point of contact" to call to see where you were in the process
and that wauld be impartant to have a point of contact.
Members brought up the fact that inspectors would come to the site and have to go back to their
of�ce to write up their inspection report and should have wireless capability with technology to
immediately write it up on site and it would be posted.
Motion was made to approve altered language of the Plan review, permitting and inspections
bullet points and the members all voted and said "aye".
Chair Aungst then opened the discussion by the group regarding bullet points on general code
change suggestions. The density reserve was discussed as ta parking and the Cod� requirement,
also the "wedding cake" look and the Beach by Design plan.
Chair Aungst interrupted the discussion to state that Member Kronschnabl had to leave the
meetin� and that he wauld talk abaut vacant or abandoned property. Member Kranschnabl
presented information an properties in the area which are up and the challettges these praperties
braught to the cities. Water, sewer and trash are among these problems. Florida ranks third in
the nation for vacant praperties. Squatters are cammonplace. Sorne cities have a vacant property
ordinance and what, if anything, should the City of Clearwater do ta address these problems.
Various members braught up the fact that the City sends out notices to owners of vacant
properties that have fallen into disrepair, but many have disregarded the letters or notices and
done nothing. Chair Aungst suggested an additional bullet paint to "devclop a mor� a�gressive
policy to identify abandoned buildings and prosecute code violations, including mare use of
Business Task Force 2011-06-21 Z
demolition as an ultimate enforcement measure." Discussion ensued regarding violations and
demolition and other municipalities' enforcement. The group wanted more definition and
minimum standards, as the existing standards are not tough enough.
Discussion returned to the "Code suggestions" fram Member Burdette's �-mail. The "wedding
cake" effect was discussed and setbacks. Member Gillespie made a suggestion as to another
bullet paint. Language was suggested as, "Consider reestablishing setback requirements in
Beach by Design to avoid `canyon effect'.
Members began discussing "smart codes" and cities that had adopted them and how could
Clearwater use them, citing business corridors. Member Cole made a suggestion as to lan�,uage
for a bullet for nonconforming use of property. "Review the nonconforming/conforming
structure provisions of the cade and its application on existing buildings and new tenants".
Chair Aungst stated that the next meeting would be held on July 12, 2011 and that the meeting
would be a pasted public rneeting, including a presentation by Michael Delk and the time and
place ta be announc�d.
Meetin� Adjourned at 7:06 pm.
Chair
Business Task Force
Attest:
Board Reparter
Business 7ask Force 2011-06-21 3
2011 Business Task Force Meeting Minutes
CITY OF CLEARWATER
July 12, 2011
Present: David Allbritton, President of David Allbritton, Building Contractar Inc.
Brian Aungst, Jr. (Chair) & Attarney at MacFarlane, Ferguson & McMullen
Alan Bomstein, Creative Contractors Inc.
Joe Burdette, Construction program manager w/various projects in city.
Alan Ebbert, Frenchy's Restaurants Operation Manager
Steve Engelhardt, Hallmark Development Inc.
Gene Gillespie, President of Sand Key Civic Assoc. & Gillespie & Assoc.
Jeff Kronschnabl, Instructor with St. Petersburg College (retired from city)
Robert Longnecker, Manager af Clearwater Jolley Tralley
Robert Pergolizzi, Principal at Gulf Coast Cansulting, civil engineers, etc.
Alex Plisko, (Vice-Chair) Architect in Clearwater since 1978
Also Present: Frank Hibbard, Mayor
Bill Horne, City Manager
City of Clearwater Council Members
Michael Delk, Planning Department Director
Gina Clayton, Planning Department Assistant Director
Various Citizens
Absent: Katie Cole, Attorney at Johnson & Pope
Steve Fowler, Architect, Fowler Associates Architects, lnc.
Mark Klein, Klein & Hutchens Real �.state
Shelley Kuroghlian, Aresident of Clearwater Neighborhoods Coalition
i'.J.Shah, Cumbey and Fair, Inc.
Duane Schultz, Code Enforcernent Board
Draft:
Chair Aungst called the meeting to order at 5:00 pm. He stated that the meeting was called to go
over their tindings so far and to discuss their list with Michael Delk and to invite the public for
their comment and recommendations. The listing is not final and is open Co other recommended
changes. Ta the people who signed up Co speak he asked if they wanted to speak now or wait
until the regular meeting was over. No one wished to speak at the beginnin� of the meeting sa
Chair Aun�st asked Michael Delk to go ahead with his presentation to the committee.
Business Task Force 2011-Oi-12 1
Mr. Delk began with saying he had gone over the minutes of previaus meetings and caught up
with the Task Force. He is accountable to the City Manager and is unwilling to give some of the
Planners a final say on signing off on business or cammercial plans with their interpretation oi
the Code.
Referrin� to the four page handout "Non-Final Recommendations Adopted" a listing of 56 items
the Task Force put together, discussion ensued. Mr. Delk and Ms. Gina Clayton also put together
a boaklet "Construction Services and Development Review Data for the Business Task Force" to
help the Task �'orce understand the flow of work and output from the department. This was
handed out to the members.
Fram the handout, all items w�re discussed with M.r. Delk and Ms. Clayton and
recommendations made to consolidate som� items and language maybe chan�ed to clarify the
intent of the change.
The last 20 minutes of the meeting was opened up ta the attending public to make comments or
recommendations on items discussed.
Mr. Mike Schweiger made a comment regarding business people wanting to open a business in
Clearwater and having to deal with all the da's and don'ts in the city. He wauld like to have the
process divided up into two, one for residential and one far business.
Mr. Hoyt �-Iamiltan made a recommendation as to changing the components of what businesses
can have on their signs. He made an example of a palm tree as an artistic element of the sign.
Another business ownsr on the beach commented on signage allowed on the beach and
compared Clearwater with St. Augustine. He would not like to see Las Ve�as style neon on the
beach. Also wanted a committee formed to discuss how the residents want the city to look.
Ms. Dareen Dipolito agreed with the previous business owner as ta si�nage. Another resident
asked about recommendation #1S regarding the 6 months f�or vacant property. Another busittess
owner on Gulf-to-Bay commented on a sign near his property. Cade enForcement had helped him
with the problem but had to tear down a sign in order to put up a new one.
Chair Aungst thanked the Mayor, City Manager and the entire City Council, Michael Delk and
Gina Clayt�n for being present at the meeting and that it was a sign of their dedication to this
pracess.
The 1Vlayor also thanked everyone for their time in attending the meeting and hopefully this will
help to make positive changes in how the city works with businesses and residents.
Business Task Force 2011-07-12 Z
�'he Task Force will review these comments at their next meeting in preparatian for a iinal work
product to be presented at a future city cauncil rneeting.
Chair Aungst excused everyone except the Task Force membcrs. He asked for a vote to approve
the minutes from the last meeting and asked for a date and time for the next meeting. The
minutes were approved unanimously.
Next meeting will be July 26, 2�11 at 5:00 pm at the MSB building in room 130.
Meeting Adjourned at 7:�7 prn.
Chair
Business Task Force
Attest:
Board Reporter
Business Task Force 2011-07-12 3
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Sec. '134-334. - Applicatian procedures and process for changes in zoning, land use, and for
cansideration of a conditional use
(a)
(b)
(c)
(d)
(e)
(�
(9)
(h)
l�1
('C)rrl
Authority to petition. Any property owner, their appointed agent, or the county planning director, may apply for
a change of zoning or land use, or consideration of a conditional use by filing an application with the planning
department. 7he application shall be signed by the owner of the subject property or, in the case of a planning
director's application, by the county planning directar,
Fact-frnding and informational meeting(s). Following a flnding by planning stafF that the application is sufficient,
the application will be reviewed by the Pinellas County Planning Review Committee (PCPRC) at a regularly
scheduled PCPRC meeting, the PCPRC meeting is apen to the public. The applicant, or their representative,
is expected to attend the fact-finding meeting. Based on this meeting, the planning department will prepare a
report for consideration by the LPA at a subsequent public hearing.
Local planning agency public hearing(s). At a noticed public hearing, consistent with the requirements of F.S. §
163.3174, the local planning agency will review and make a recommendation regarding each applicatian for a
future land use change, zoning change or conditional use request.
Board of county commissioners public hearing(s). At a noticed public hearing(s), the board of county
commissioners will consider applicant and citizen testimony and correspondence, the staff report, and the LPA
recommEndation, and any other relevant information, and will render a decision(s) with regard to the praposed
change in land use, zoning and/or or with regard to the development agreement or conditional use.
(Requests forrezoning.JAll requests for rezoning and/or future land use map amendments associated with an
existing mobile home park shall be heard by the board of county commissioners no sooner than 90 days after
the scheduled PCPf2C meeting. In no case shall such a request be scheduled to be heard unless the applicant
has given notice to the tenants as required by F.S. §§ 723.061(1)(d) or 723.081, as appropriate.
Documentation of such notice shall be provided at the time of application for rezoning and/or land use change.
Failure to appear. An applicanYs failure to appear ar to b�: represented at a scheduled LPA or BCC hearing
under this division may be suffcient cause to deny the applicanYs request on the strength of lack of evidence.
�thdrawal. A withdrawal of an application for a land use or zoning change, or conditional use application shall
be in writing, signed by the applicant or designated representative, and shall be delivered to the county
planning department at least ten days prior to the scheduled hearing before the board of county
commissioners. The applicant shall be charged a fee su�cient to pay the cost of mailing a notice to
surrounding praperty awners to advise of such withdrawal. Except for extraordinary circumstances related to
life, requests for withdrawal after this date shall result in an automatic denial of the application.
Resubmittal. Na new application for an identical rezoning or land use change, or conditional use on the same
parcel shall be accepted for consideration by the planning department within a period of six months following a
board of county commissioners' decision of denial (unless denied without prejudice).
Existing litigation. If at the time of the application there is presently existing litigation invalving:
(1) The same parties or successors in interest to those parties;
(2) The same or essentially the same usage, zoning request or land use designation or agreement; and
(3) The same or essentially the same parcel of land; the board of county commissioners may, in its
discretion, continue the application or may deny the application without prejudice to the applicanYs right
to refile the applicatian after resolution of all or a portion of the litigation.
IVo Q9-i; § 12 2-97-09)
Sec. 734-335. - Contents of appMication.
The applicant for a land use change or a rezoning or conditional use shall supply all information as specified
on the application farm, which at a minimum shall cantain:
(1)
(2)
(3)
(4)
(5)
(6)
(�)
The name and address of the current prapeRy owner.
An accurate legal description of the property in question, and an accurate description of the acreage(s)
proposed to be changed, including how many acres are going from what category ta what category.
The nature of the application, including the reason for requesting the change.
The application shall be signed by the current property owner except in the case of applications initiated
by the planning director.
A certificate of title af the property by an attarney or licensed title insurance company, except
applications submitted by the planning director.
Full disclosure of ownership, options or contracts on subject property pursuant to..se..c.tion_17p..-.1... (except
planning directar application).
For all requests for rezoning or change of land use for lands containing existing mobile home parks, the
applicant shall provide information in compliance with the provisions of I'inellas County Gode sections
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42-401 through.42.-408., the mobile home transition program. Such information will be used by the board
of county commissioners in making a finding as may be required by F.S. § 723.083 that suitable mobile
home parks or other suitable facilities exist for the relocation of the mobile home owners; however,
where such finding cannot be made the applicant shall comply with the relacatian provisions of Pinellas
County Code Sections_42-401. through.....4...2_�08. should the application be approved.
(8) If the applicant is requesting a land use or zoning designation that would increase the maximum
allowable impervious surface ratio, above what is currently allowed on the subject property, and is
within the 1 DO-year floodplain, or if the applicant is requesting an increase in density above five dwelling
units per acre in the 100-year floodplain in an area of documented flooding or repetitive flood claim
losses, the applicant will need to provide adequate information in their application demonstrating how
the floodplain management objectives of the Pinellas County Code and the floodplain management
goals, objectives and policies of the Pinellas County Camprehensive Plan will be met. The applicant is
required to meet with the departments of planning, public words, environmental management and
building and development review s�rvices to review their propasal, and a development agreement may
be required to formalize floodplain management commitments. Applicants should consid�r that the
county must ensure compliance of development appravals with FEMA and community rating system
(CRS) program requirements, and other applicable regulations.
(9) If the applicant is requesting an increase in density over five dwelling units per acre on the future land
use map within the 10D-year floodplain, where the property is also located within that area defined by
the SL05H model to be inundated by a categary 3 hurricane, the applicant will be required to provide
adequate information with the application demonstrating how they will mitigate the potential impacts on
the demand for emergency shelter space associated with the proposed density greater than five
dwelling units per acre.
(1D) In the case of a request for a land use and/or zoning change with an affordable housing density bonus,
a residential density bonus may be granted up to 50 percent of the existing maximum allowable dwelling
unit density as an incentive to provide increased opportunity for affordable housing. Any such bonus
shall only 6e granted in a manner that does not negatively impact the surrounding neighborhood or the
natural environment. A meeting(s) with county stafF will be arranged by the county planning department
with the applicant to discuss the affordahle housing proposal, and additional information may be
required as a part of the review process. A development agreement may be required to address
commitments. No density bonus shall be granted when such development does not comply with the
county's concurrency management ordinance.
(C�r'd. No. 09-i, § 92; 2-97-09)
Sec. 134-336. - �iling fee.
A filing fee, as specified by the board of county commissioners, shall be submitted with the application to cover
the cost of advertising and administration.
(Or�f. No. o�-i: �S 12. 2-97-09)
Sec. '134-337. - Natice of public meetings and public hearings.
(a� Notice of public hearing shall be as required by law. The baard of county commissioners, however, recagnizes
the importance of community involvement in these proceedings. Therefore, it will be standard practice to
provide the following additional notification:
(1) Owners of property, as listed by the county property appraiser's offce, located within 200 feet of the
subject property will be mailed a notice of the upcoming public meeting and public hearings.
(2) A sign giving notice of public hearings should be posted in a prominent location on the subject praperty.
(b) Any request pertaining to residential zoning shall bE forwarded to the caunty school district for comment.
(c) Any adjacent local government and/ar affected government agency will be informed of the proposal.
(Ord. NU. 09- i . § '(7.. 2-17-09)
Sec 134-338. - Pinellas County Planning Review Committee (PCPRC).
(a� Purpose. 7he PCPRC meeting is informational, interactive and fact-finding in nature. It is the responsibility of
the applicant to present relevant facts, and the purpose and intent of their proposal to this staff committee far
discussian. The PCPRC meeting is a public meeting.
(b) Written report and recommendetion. Subsequently, the planning department will prepare a staff report with
staff findings and recommendations, based on the final sufficient application reviewed at the PCPRC meeting.
(Ord. No. ('19-7, 6 12. 2-97-09)
5ec. 134-339. - l.acal planning agency public hearing.
(a� Purpose. The lacal planning agency public hearing provides for staff, applicant and public testimony, and
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pravides for the LPA to subsequently review and make a recommendation for consideration by the board of
county commissioners on each proposal for a change in land use or zoning (including any associated request
for a density bonus), for a proposed or amended development agreement, and for a request for a conditional
use.
(b) Swom testimony. All testimony at the LPA hearing under this chapter shall be given under oath.
(c) Suppo►ting evidence submitted. All evidence and testimony necessary to support the application shall be
presented, including but not limited to the following:
(1) Existing conditions and uses in the surrounding area.
(2) Justification far the proposed uses, designatians or densities
(3) Impacts on surrounding properties and community.
(4) Impacts on public facilities and services.
(5) Consistency with the comprehensive plan.
(6) Impacts on the floodplain and how the impacts will be mitigated.
(d) Continuance. The LPA may continue an application if necessary to obtain additional information on the
request.
(e) Altematives discussed at fhe LPA hearing. Alternatives to the original application/request may be considered
at the LPA hearing if the density and intensity of the proposal is less than the original and is within the same
land use classificatian (e.g., residential). Otherwise, a proposal must be treated as a new application. The LPA
may recommend a less intense alternative provided it is discussed during the hearing.
(Ors�. No. 09-7: § 92. 2-17-09)
Sec. 134�-340. - Staff report and local planning agency recommendatian.
Wiitten reports and recommendations. The stafF report and the LPA recommendation shall be presented to the
board of county commissioners at a scheduled public hearing of the board.
(Urd. !Vc>. Q4-7, § 12. 2-17-09)
Sec. 134�41. - Pracedure at boa�d af caunty c�mmissioners' hearings.
(�) Review of staff report and LPA recommendation. At a public hearing, subsequent to the LPA hearing, the
board of county commissioners shall consider, and take action on, the request that was considered at the LPA
hearing, or the board may consider and approve an altemative proposal at their hearing, provided: (1) the
density and intensity of the proposal is less than the original, and (2) the proposal is consistent with the
advertised future land use category. If this is not the case, an alternative proposal must be treated as a new
application. Any amendments to an application must be made in writing from the applicant. All persons so
desiring shall be given the opportunity to be heard on th� matter at the public hearing.
(b) Requesfs for continuance. All requests for continuance of an application after the LPA hearing shall be
received no later than ten days prior ta the scheduled county commissian meeting and shall be accompanied
by a written statement outlining the reason for such continuance. The applicant shall be charged a fee
sufficient to cover the cost of notifying adjacent property owners of such continuance and the cost of additional
public notice, if required.
�o�d. rvo, a�-r. � ia, z-��-os)
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Pinellas Countyy FIOPId�y Code ❑�F Ord�nances �� PARi III - LAND DEVELOPMENT CODE aa Chapter
738 - ZONING » ARTICLE IM. - ADMfN15TRATIQN AND ENFORCEM�NT ?a D,IVI510N 5._-....S,ITE PLAN
REQIIIREMENTS AN.D REVIEW,PR�CEDU.R�S»
DIVISION 5. - SITE PLAN REQUIREMENTS AND REVIEW PROCEDURES
Se_c.... 138-1,76.,__-_..Us..e..s.,re.qui..r..ing si_te..p,la.n....._.r...e.v....iew.=
Sec:_1.3..8_.._177. -_Site pla.n approval pr_a..cedures.,..
Sec.__138_178. - ..5.i.te....plan_.re..qui.r..e.._m_.ents,..
Sec. 138-.179,=_Adheren.ce to approv,e.d...site...pl.a...n....s,;
Sec....._1.38 180,=..._Time limits on_site...pl,�ns.
Sec_.138.-.1.81......_-_Plan.. review...fees._
Secs. 13$-182---138-200. - Reserved.
Sec. 138-17fi. - Uses requiring site plan review.
The following uses require site plan review:
(�� All new construction except single-family dwellings, duplexes, or triplexes when constructed on
an individual Iot or parcel. This provisian does not exempt these uses from complying with other
codes, regulations and ordinances applicable to site plan review.
(2) Additions to existing uses (other than thase listed above) where new impervious land coverage
will equal 25 percent or more of the remaining permeable area of the lot or parcel.
(3) Additions to existing uses where new impervious land coverage will be less than 25 percent of
the remaining permeable area of the lot or parcel need not comply with requirements of section
138-177 except when deemed appropriate and necessary by the county administrator or his
authorixed designee. However, applicants for such additions may be required to submit plans
containing information required in„section 138-1.78 to the zoning division for approval prior to
receiving a xoning clearance for construction.
(4) All subdivisions.
(5) All constructian that disturbs one acre or more of property or that is in close proximity to the
county's MS4.
The following uses require site plan review:
(1)
lz)
(3)
(4)
(5)
(Orcl. No. 9p-
All new construction except single-family dwellings, duplexes, or triplexes when canstructed on
an individual lat or parcel. This provision does not exempt these uses from camplying with other
codes, regulations and ordinances applicable to site plan review.
Additions to existing uses (other than those listed above) where new impervious land coverage
will equal 25 percent or more of the remaining permeable area of the lot or parcel.
Additions to existing uses where new impervious land coverage will be less than 25 percent of
the remaining permeable area of the lot or parcel need not comply with requirements of..sectio.n
1.38-177 except when deemed appropriate and necessary by the county administrator or his
authorized designee. However, applicants for such additions may be required to submit plans
containing information required in. section 138-.1.78 to the zoning division for approval prior to
receiving a zoning clearance for construction.
All subdivisions.
All construction that disturbs one acre or more of property or that is in close proximity to the
county'S MS4.
1, $�(605.1), 9-30-90; Ord. No. �3-?4, § 12; 4-15-03)
5ec. 138-1T7. - Site ptan approval procedures.
(a� Preliminary site plan review. A preliminary site plan review shall be the first step in obtaining site plan
appraval unless an applicant opts to submit a direct flnal site plan. An applicant may request to submit
directly to a final site plan. Such requests shall be made in writing to building and development review
services and shall include all items as required in section,138-.178.. Such plans shall be reviewed in
accordance with this subsection (18 copies of such plan shall be required); except that where such
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plans meet all county requirements for site plan approval, such approval pursuant to subsection (b) of
this section may be granted when the initial review is complete. It is strongly suggested that all
applicants for direct final site plan review meet with each site plan review department to determine
specific requirements prior to submittal of a direct final site plan. Meetings between the project engineer
and any department which does not approve the plan shall be required prior to submittal of a revised
plan.
(1) Persons wishing preliminary site plan review shall submit copies of the preliminary site [plan], as
outlined in_section_1.38-178., ta building and development review services for review. The number
of copies needed for review shall be d�termined by the county administrator or his designee.
(2) Building and development review services shall distribute copies of the preliminary plan to the
planning department, the St. Petersburg-Clearwater International Airport (when required), public
works, and engineering department, health department (when required), water department,
environmental management department, the sewer department, the caunty fire administrator,
solid waste management department, county property appraiser, and Heritage Park for review
and comment, with all camments being returned to building and development review services.
Where the submitted preliminary site plan proposes residential development five acres or more in
size, such plan shall be forvvarded to the county school board for informational purposes. Site
plans shall also be provided to the electric utility company providing electric service for planning
and coordination purposes. Comments returned shall pertain to the agency's area of specific
authority and shall contain specific requirements upan which approval of the site plan shall be
based. 7hese may include but are not limited to requirements of the county's adopted
comprehensive plan; this chapter;...ch,ap.ter 134., article VI;_cha.pte.r.l5a;..ch.a...pte.r....1.....5....8;.ch.a..pter...1_6....6;
and chapter_17�, article III; and other similar laws, ordinances, codes or regulations properly
affecting the use or development of land. These may also include any policy, manual, directive, or
standard for gaod site design adopted through resolution or ordinance of the board of county
commissioners. The solid waste management department shall review and provide requirements
for site plans in accordance with F.S. § 125.01(1)(k)2. Following receipt of th� comments from the
various departments, �uilding and development review services shall prepare a project review to
be submitted to the owner or representative of the project or may prepare a project review to be
submit[ed to the county administratar for approval.
(3) Any preliminary or direct final site plan may be reviewed by and at the request of the board of
county cammissioners. When deemed necessary for the protection of the health, safety, or
welfare of the public, the board may attach reasonable safeguards and requirements upon which
the site plan approval b�:comes conditional.
(b) Final site plan review.
(1) Persons wishing final site plan review shall submit copies of the final site plan, as outlined in
subsection__138=178(b), to building and development review services fpr review. The number of
copies needed for review shall be determined by the county administrator or his designee.
(2) 8uilding and development review services shall distribute copies of the final site plan to the
planning department, the St. Petersburg-Clearwater International Airpart (when required), public
works and engineering department, health department, water department, environmental
management department, sewer department, the county fire administrator, and Heritage Park for
comment and coordination, with all comments being returned to building and development review
services. A copy of the plan shall also be provided to the servicing electric company and the
county school board pursuant to subsection (a) of this section.
(3) Following receipt of the comments from the various departments, building and development
review services shall prepare a project review to be submitt�d to the county administrator for
approval or denial.
(4) Any person who has recE:ived a denial on the final site plan may request a direct appeal of such
denial to the board of county commissioners by submitting a request for an appeal in writing to the
county administrator, and stating the reasons justifying the appeal,
(5) Unless approved by appeal, all final site plans shall be approved by the county administrator.
(c) Site plans for affo►rlable housing developments (AHD's). It is the intent of the board of county
commissioners that these plans shall be given priority in the review system and, where possible, be
reviewed by staff within two weeks of submittal by the applicant. Ta that end the county administrator is
directed to provide an expeditious review of these plans and where possible provide the applicant with a
completed site plan review within two weeks of submittal.
(CJrd. No. 9t1-7, SS 9(605.2), i-30-90: Ord. No. 90-55, $ 1. 7-24-90; Urcl. Nn. 9:i-2&. ;3 ZC>: 4-18-95; Ord. Na. 99-66, 4$ 1:
Z. 7-�U 99: Orc(. No. Q9..8: § 13, 2-17-09)
Sec. 138-178. - Site plan requiremenfis.
(a) Preliminary site plan. The applicant shall submit copies of the preliminary site plan, containing all data
and information required as follows, to the county department of building and development review
services:
(1)
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Project identification.
a. Title of project or development.
b. Name, address and telephone number of engineer, architect, surveyor, developer and
owner.
c. North point, scale, date, and legal description (must include section, township, and range)
of praposEd site.
d. Location sketch map.
(2� Existing conditions.
a. Boundaries of the property involved, all existing easements, existing buildings, section
lines, property lines, existing street paving and existing and/or proposed rights-of-way (as
required by the county subdivision regulations), topography, existing surface water areas,
existing water mains, sanitary and storm sewers, overhead and underground power lines
and/or power substations, culverts and other underground structures in and adjacent to the
property. The ownership of lands abutting and within 150 feet of subdivisions shall be
shown on subdivision plans.
b. A one-inch equals 2D0 feet aerial photograph of sufficient quality to delineate existing
vegetation, and a tree survey as defined in..ch.a.p....ter.._166, article II.
c. Historic and archaeologically significant features shall be shown on site plans. These
features will be defined in an ordinance to be adopted pursuant to the county
comprehensive plan and upon adoptian of such ordinance these features shall b� shown
on all site plans.
(3) Proposed development plans.
a. Location and dimensians of proposed uses, setbacks, structure heights, streets, parking
and loading areas, signs, docks, surface water areas, retentionldetention areas and outlet
locations, fire hydrants, all utilities, inGuding overhead and underground electric lines,
water and sewer, sanitary and storm sewers, culverts, water mains, and other underground
structures and adequate easements for such.
b. Size of proposed lots ar parcels.
(4) Tabulation of proposed development plan.
a. Tabulations of total number of gross acres or square faotage in the site and the acreages
and square footages and percentages thereof proposed to be devoted to the uses,
including: dwellings by type, commercial, industrial or other nonresidential uses, streets,
parking and loading areas, recreation areas, retention areas, permeable open space areas
and open and enclosed storage areas.
b. Tabulations of total number of dwelling units by dwelling type, including the number of units
within hotel and motel structures, within the project.
c. Proposed development schedule and phasing.
d. Square footage of floor area by type of structure.
e. The number af employees anticipated to work in all npnresidential buildings.
(5) On-site waste disposal systems. For projects which utilize an-site waste disposal systems, the
site plan shall show the location and design of the proposed system.
(6) Sformwater runoff. For all development requiring site plan approval, shallaw wells and retention
ponds shall be included for irrigation purposes and to reduce stormwater runoff. Th�se shall pe
required pursuant to section 166-1. and cha ter 166, article II, and shall be reviewed and
approved of by the county departments of engineering and environmental management prior to
site plan approval. Where possible, stormwater runoff should not exceed the runoff from the site
in an undeveloped state.
(b) Final site plan. The applicant shall sulamit copies of the final site plan, containing all data and information
required as follows, to the county department of building and development review services:
(1) All data and information required on the preliminary site plan as set out in subsection (a) of this
section.
(2) A statement from the servicing utility companies which supply water, sewer, and electric service
indicating that utility service is available for the proposed development. If water or sewer service
is not available, the county health department must approve potable well water and/ar septic tank
design, where applicable, before site plan approval can be recommended. However, in no case
shall building and development review services allow septic tank use on sites less than two acres
in size.
(3) Location, dimensions and character of canstruction of proposed streets, driveways, curbcuts,
entrances, exits, parking and loading areas, including the number oi off-street parking and loading
spaces, outdaor lighting systems, if any, storm drainage and sanitary facilities, walls and fences,
including sight distance certification as detailed in section_138..-1,33..6
(4) Location and dimensions of proposed Iots, setback lines and easements, proposed reservations
for parks, open space and recreational areas.
(5) Detailed construction plans shawing proposed lacation and size af proposed sanitary sewers,
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(6)
(7)
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water mains, all overhead and underground power lines and/or substations, culverts, drainage
structures and other underground structures in and adjacent to the project and adequate
easements far such. A stormwater pollution prevention plan and/or an erosion control plan, as
appropriate, is required for new construction activities that will disturb existing soil canditions.
A tree survey, as defined in,,,c,h.a.�ter_16...6...., article II, for all areas of the project to be altered from
the predevelopment condition.
All information and exhibits required in the preliminary site plan staff reports as well as any
information or conditions which may have been required if the preliminary site plan was reviewed
by the board of county commissioners.
(8) A NOI issued by the FD�P for activities regulated under the NPDES program.
(Orcl. No. 90-i, § 7(605.3); 1-30-90; Cird. Nn. 9i-5�7; § 7, 90-29-99; C��c�. Ivc�. 9��-ff yy� 3, 4, 7-?_0-99: UrrJ. Nc�. (?0-t�7, �S
17. 8-c9••Qp; Ord. Nn. �3-24, § 13. 4-15-U3: Qrd. No. 09-8, § 14, 2-i7-09}
5ec. 138-179. - Adherenc�a to approved site plans.
All development shall be constructed in strict compliance with the approved final site plan. Any additional
site alteration shall require further site plan review. All land or water areas required to remain in a natural
condition shall not be altered in any way from such natural condition, except by further site plan review and
approval.
(Orcl. Nc. 9n-1, � 7(605.4), '1-30-9t7)
Sec. 138-180. - Time limits on site plans.
(a) It is the intent af this division that a site plan approval shall only remain valid for a period af six months
unless construction of the project commences within six months of such approval and continues in good
faith. Therefore, the following shall apply:
(1) Single-phase projects. The site plan approval for a single-phase project shall only remain valid for
a period of six months unless e building permit or construction plan approval far subdivisions for
the project is obtained within six months from the date of site plan approval, and construction of
the project continues in good faith thereafter, in accordance with the approved site plan and
pErmits.
(2) Multiphase or multibuilding projects. The site plan for a multiphase or multibuilding project shall
only remain valid for a period of six months unless a building permit or construction plan approval
for subdivisions is obtained for the first phase or building within six months from the date of the
site plan approval and canstruction continues in goad faith thereafter in accordance with the
approved site plan and permit. Each subsequent phase or building to be constructed must receive
a building permit within one year of the site plan anniversary date of the prec�ding phase or
building (for which a permit was obtained and for which construction has continued in good faith)
and construction continues in good faith thereafter in accordance with the approved site plan and
permit. Permits for all subsequent phases or buildings issued pursuant to this division shall be
issued in accordance with the original site plan. Any site plan for which construction has not
commenced pursuant to this division shall become void and a new site plan meeting all current
standards required for site plan approval must be submitted and approved prior to further
development being authorized.
(b) It is further intended that a preliminary site plan review shall only remain valid for a period of 180 days. If
no revised preliminary nr final site plan is submitted within 180 days of the date of the preliminary site
plan review, the preliminary site plan shall be void.
(c) It is alsp intended that when site plan comments or reparts (other than preliminary site plan review) are
provided to a site plan applicant, the applicant shall havE 90 days in which to revise and submit a site
plan, in compliance with such reports or review, ta the county for further review. 5ite plans not revised
and received within such 9Q-day periad shall be reviewed for complianc� with county requirements in
effect on the date of resubmittal. When received within such 9p days, the plan shall be reviewed under
requirements provided to the applicant in the county's previous review or report.
(d) Any site plan not approved within one year from the date of initial submittal shall be reviewed for
compliance with all site plan requirements in effect on the date of approval of such plan.
(e) The county administrator shall be authorized to extend any site plan approval for additional six-manth
periods provided development regulations have not changed so as to impose new or additional
requirements on the site plan. In the case where such new or additional regulatory requirem�nts exist, a
new site plan meeting all current regulations shall be submitted for review prior to site plan approval. All
such requests must be received in the zoning office prior to expiration of the site plan.
(Ord. Nn. 90-9. § 9(605.5i. 1-3p-9a: Ord. No 90-55.. § 1; 7-24-90; Or'Ci. No. 83-88. § 1, 'l1�-93-93)
Sec. 138-18'I .- Plan review fees,
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Fees for site plan review shall be as established by the board of county commissioners. A schedule of
fees is available in the office of the building and development review services department.
iOrd. No 90-9, � 7(6Q5.f). f-30-�)C; {7rc! Nr.�. C19-8. § 9,5. �-1;-G9)
Secs. 138-182-138-2Q0. - Reserved.
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City of Largo
Business-Friendly Customer Service Initiative Update
August 2011
Intro '
The City of Largo's goal to became the most business-friendly community in Pinellas County
requires cultural and structural changes throughout the organization. This report provides a six-
month review of the accomplishments to date and provides an overview of planned improvements
in the coming months.
Since �ebruary, a customer-service team has met periodically to identify ways to fulfill the goal of
becoming more business friendly. Staff has r�searched the business practices of other
jurisdictions and visited the cities of St. Petersburg and Clearwater to learn more about their
approaches. The Divisions within Community Development were charged with identifying specific
business process improvements and with making the cultural changes in their approach to
customer service. Community Development Director Stricklin has also met with the Public Works
and Environmental Service Directors and the Fire Chief and each of them have committed their
Department's participation in this effort. The customer service team was then expanded to include
staff from those Departments. While this report focuses on specific changes in the development
process, it should also be noted that the upcoming 2011 Citizens' Academy has been structured as
the Business Friendly Edition.
This update provides an overview of the new Strategic Plan principle, Create a Viable Business
Community. The City's appraach to culture changes is presented in terms of becoming more
customer-centric. The report then discusses customer service initiatives within five areas.
Changes accomplished in this year are highlighted, along with actions planned for further
improvements. Several of these initiatives are dependent upon funding requested in the FY 2012
budget for staffing and �valuation of new permitting software. Far reference, th� fiscal impact table
from the FY 2012 proposed budget is attached to this report as Exhibit 1.
Strateqic Plan PrioE I�
A sixth Strategic Plan principle, Create a Viable Business Community, has been developed based
upon extensive outreach to the business community. The outreach results, presented to the City
Commission in June 2011, reflect the need to implement changes or impravements in five areas:
Raise Customer Service Standards — Business customers expect �very staff person to
advocate on their behalf, fill gaps in process�s or communication, and move projects
forward as quickly as passible. 7hey expect the City to establish a higher standard in
service delivery, and to demonstrate a commitment ta that standard at every level of
government, including the City Commission, the City Manager and support staff.
Revise Rules and Regulations — Issues raised in this area included the need to partner
with the business community to revise the sign code and landscaping code, the need to
incarporate greater flexibility in codes, and the need to establish procedures to
accommodate projects that do meet the intent of the code, but cannot meet all of the code
requirements.
Expand �conomic Development Programming and Suppart for Small Businesses —
Outreach participants requested more information on requirements up front, as well as
opportunities to meet with staff from all departments involved in project reviews to go over
business plans prior to making any commitments. Outreach participants also
recommended creating a business ombudsman position.
Promote Community Identity and Quality of Life — Many outreach participants noted the
importance of promoting Largo as a destination. Som� participants suggested launching a
public relations campaign to promote the City's assets and the business-friendly initiative.
Participants also supported the idea of promoting local services to the neighborhoods to
encourage community members to support the local businesses.
Follow Through on Changes — Many outreach participants emphasized the importance of
following through on the recommendations from the business community, and showing a
commitment to the changes and improvements across every level of City government.
The updated Strategic Plan, including the new principle, will be scheduled for adoption in early Fall,
following any additional input from the City Commission at the August work session. The Strategic
Plan will include an action plan to guide long-term implementation of the business development
strategic principle, and implementation progress will be reported annually.
ulture Chan
Culture change requires a fundamental rethinking of the attitude and approach to customer service.
Although it takes time for the culture change to permeate the organization, the momentum for
culture change is one of the most significant outcomes of the City Commission's direction to
become mare business-friendly. The guiding principle for this change has been to adopt an
attitude of being "customer-centric." This approach means the customer becomes the central basis
from which the arganization operates and that decisions are viewed from the custamer's point of
view. Being customer-centric requires that servic�s not be designed around the organization's
needs or araund regulatory requirements, but according to the customer's needs. This is a
fundamental shift in approach. In each of the areas discussed below, staff have been tasked with
approaching changes from the customer's perspective and to ask, "Is this approach business-
friendly? Does it meet the customer's needs?"
City Administration has revised the Customer Service Policy, attached as Exhibit 2, as part of the
overall city customer s�rvice initiative. The revised administrative policy reflects the custvmer-
centric philosophy and lays out expectations of both the customers and the employees. Detailed
customer service policies and practices will be laid out in individual Departmental 5tandard
Operating Procedures to reflect their operational needs.
Revise Rules �n�_B�gldl�i9J];�
Accomplishments
The Economic Stimulus Sign Program was extended for one year, unCil 2012, to provide businesses
with additional temporary signage. Also, an ordinance has been developed to provide higher signs
along US 19 consistent with surrounding communities. Adoption is anticipated in August.
The update to the Comprehensive Development Code (CDC) is underway. A particular emphasis
has been placed on responding to the needs of the business community, particularly small
businesses. 'fhe business cammunity is represented on the CDC Focus Group which meets
monthly in conjunction with the Community Development Advisory Board. As part of the first
module of the update, changes to the development review process have been developed to
increase the threshold for small scale review in order to better encaurage the renovatian and reuse
af existing properties without requiring a time consuming and expensive review process. Staff is
2
proposing that the maximum threshold for Small Scale ReviEws be increased from the current 10%
of existing gross floor area (gfa) to 25% of gfa or 2,000 square feet, whichever is less. The module
also contains a proposal for a tiered development review pracess which would be streamlined and
made more user friendly, as well as better organized. This change would provide accountability in
terms of the review time and type of review comments to be expected. It would help applicants
budget for each type of process and would allaw staff to manage the process more effectively.
Action Plan
Upcoming modules of the CDC update will include evaluating and revising sign and landscaping
codes to address the concerns of the business community. In addition to the Chamber of
Commerce representation on the CDC focus group, a comprehensive outreach program to the
business community will be used to review these proposed changes.
The Environmental Services Department is proposing to amend the Code of Ordinances in regard
to grease traps/interceptors at food service facilities. The amendments are also intended to provide
additional options to businesses pertaining to prevention of introducing fats, oils and grease into
the City's sanitary sewer system. Businesses have identified that the expense of complying with
the current standards is high and a barrier to starting new food service businesses. As part of the
update, Community Development and Environmental Services are reviewing the business process
for coordination of plans review and inspection of the grease interceptors.
i.� . . - 1
Accomplishments
The Planner on Call service desk was moved to a temporary location in the Building Division to
allow more coordinated service delivery in one location. To make the entrance to the Divisian more
prominent, new signage was added to the doorway entrance.
Action Plan
7he Department reconfiguration this year will create a new one stop Customer Service Center in
the Building Division which will become the single public entrance to the Department. The
Engineering entry doors located off the lobby will become a staff entrance only. The Customer
Service Center will provide an improved customer waiting area; a Planner on Call station; a station
for other departments, such as Fire and Engineering Services, to meet with clients; and a small
conference room for meetings with applicants.
Staffing and Training
Accomplishments
The Economic Development Division Program Planner pasition will provide ombudsman services
to assist new businesses in Iocating in the City of Largo. This position has recently been filled with
a highly qualified applicant with experience in this area.
Citywide customer service training based upon the new administrative policy occurr�d in June as
part of the regular supervisory training series. A trainer, who specializes in customer service
communications, was retained ta work specifically with Building bivision staff to evaluate and
provide customized training.
Action Plan
The Fiscal Year 2012 budget requests funding for an unfunded, authorized position to serve as
customer service specialist in conjunction with the reconfiguration of the one-stop service center. It
is also proposed that the position be upgraded to a supervisor to pravidE direct supervision ta the
counter staff. A reclassification is also proposed for the Permit T�chnician position to be the same
classification as the Business Tax 7echnician so that all counter staff can provide the full suite of
services on an ongoing basis.
Business Process Impro_v�
Accomplishments
Building Division
The Building Division has implemented a new Early Start Permit process which allows a contractor
undertaking a commercial remodeling project to start some of the interior work while the permit is
undergoing building plans review. ihis new service can potentially save several weeks of
construction time so that businesses can open earlier.
The Building Permit Technicians were cross trained with the Business Tax Technician to pravide
Business Tax services when the Business 7ax 7echnician is unavailable. The Division has
eliminated a number of minor procedural requirements, and is conducting an ongaing review of
procedures and forms.
Planning Division
As part of a review of best practices, staff attended the City of Clearwater's Building Plan Review
Cammittee (BPRC) meeting. The BPRC group, comprised of multiple disciplines, meets weekly by
appointment with businesses and developers to informally review plans and provide guidance for
new projects. 7his service does not require a formal submittal and does not require a review fee.
7he City held a pilot meeting of the Preliminary Site Plan Review Committee in August modeled on
Clearwater's approach and will continue to investigate how to offer a free pre-submittal review
process.
Action Plan
Replacement of the City's permitting software will be a critical factor in impraving the City's capacity
to deliver development review and permitting services. Funds have been requested in FY 2012 ta
conduct a needs assessment as the basis for procuring the new software. Anticipated functions
include building and fire plans review, building permitting, business tax receipts, site plan review,
code enforcement, and concurrency review. The new software will create the capacity to pravide
services such as plans review camments and building inspection status through the internet;
electranic notification of approvals; and improved data management. It will replace the existing
software system that has limited capability and functionality. Following the evaluation in 2012,
funds will be requested in the FY 2013 budget for the purchase and configuration of the new
software.
The goal of providing electronic plans review cantinues to be pursued with the Bentley software
system. Electronic plans review would allow paperless plan submittal and allow review and mark-
ups to be accomplished more efficiently and quickly. Electronic plans review is expected to be
implemented for both site plan and building plans review. Other aspects of the review process are
planned to become paperless, with added capability to scan documents and store them
electranically.
The Planning Division functions will be expanded to include an urban design studia to provide
urban design assistance and site design problem solving in conjunction with the development af
the activity center style sheets. 7he availability of same-day or over the counter permitting has
4
been identified as a goal in the Building Division. This concept will be explored in the upcoming
year and implemented to the extent possible with current resources.
• �� „ _ fiCL�
Accomplishments
7he Cammuniry Development Department gave a presentation on the business-friendly customer
service initiative to the Largo Mid-Pinellas Chamber of Commerce Economic and Small Business
Development Committee on February 16. The presentatian included a progress report on the
Largo Business Development Review Panel Recommendations. Another update to the committee
is planned following the City Commission work session.
The Economic Development Division has implemented a quarterly e-newsletter targeted at
communications with businesses. 7hey continue to provide outreach to businesses and ongoing
assistance in site selection and business location, including incentives such as the Quali�ed Target
Industry program and the Brownfields designation.
The Building Division web page has been completely restructured to make information and
services more readily available to businesses and other custamers. Navigation has been improved
and new checklists and forms and procedural outlines added. In particular, the New Business
Guide has been upgraded and changed to be more user friendly.
Action Plan
As part of the business roundtable conducted for the Strategic Plan principle, it was suggested that
a business focus group specific to downtown be convened, which will occur this fall.
The Engineering Division is focusing on bridging communication barriers and managing the
custvmer experience for engineering projects, such as drainage and roadway construction projects.
For each project they will develop praject specific stakeholder communication and partnership
plans, focused on our resident and business owner customers. The plans will include new and old
tools to reach out to our customers for cammunication and feedback such as an expanded website,
email, door hangers, field meetings, neighborhood meetings, phone calls, and personal letters.
Conclusion
The City of Largo is cammitted to making the necessary structural and cultural changes to become
more business-friendly. Within the last six months, immediate changes have been made, and
bigger projects are planned to substantially imprave the customer service area in Community
Development and procure permitting software. The goal of becoming the most business-friendly
city in Pinellas County will continue to drive these and other changes, based upon the needs of our
customers.
5
EXHBIT 1
FY 2�12 Impacts
As part of the Cirywide Pnoriees for FY 2012, the Communiry bevelopment pepartment, under direcUon of Cily Commission, has been charged with
making the �ul�ural and strucn+ral changes to create a husiness-friendly environment. The.following is a table ofitems being requested to fund this inida6ve
in FY 2012.
Resources required to iund the inivabve in FY 2013 are stlll under evaluation.
• The conua[�ual �echnical business analyst will petiorm a busines5 process and needs anaNsis for an upgraded permiuing s�f�ware solutian �o be
used depanmenta,vide,
Source: Proposed FY 2012 Budget
EXHIBIT 2
CITY OF LARGO ADMINISTRATIVE POLICIES AND PROCEDURES MANUAL
Policy: I Customer Service I Policy Number: E-01-02
Originating DepartmenVDivision: Administration
Effective Date: May 1, 2011 � Approved By:
Supersedes Policy:
Customer 5ervice
P O L I C Y
Dated:
12/21 /00
"The provision of superior service...and the willingness to do more than asked."
- City of Largo
The City of Largo exists to provide superior services that enhance the quality of life and community pride.
To accomplish this, we treat our customers, both internal and external, with mutual respect. Every
customer has a right to courteous and prompt attention. We listen to our customers, and strive to provide
a personal experience. We are responsive to our customers and follow through to meet their
expectations. We are knowledgeable and well trained in order to provide quality service in a timely
manner.
There will be times when the City of Largo cannot provide the result desired by the customer; we will,
however, provide services that are of the highest possible quality.
Customer Exnectations
Customers have a right to be treated in a respectful and courteous manner whan interacting with City
staff, from the point of initial contact through the conclusion of their service needs. City staff will provide
accurate information to customers, and will communicate in a timely and professional manner.
Em lo Ex ectations
Employees can expect a professional and productive work environment. Employees will receive the
training, education and support necessary to provide superior customer service. Feedback will be
provided to the employee to enhance the customer service experience.
When challenging customer service situations arise, the employee should not hesitate to seek support
from Management. In no circumstances is the employee required to subject themselves to an abusive
situation. In the event of an abusive situation, the employee has the right to discontinue communication
with the customer.
P R O C E D U R E
Customer service related Standard Operating Procedures (SOPs) will be made availablv to employees af
each Department. 7he SOPs may address specific procedures related to: customer engagement;
answering telephones; written and electronic communication; scheduling and attendance of ineetings;
and other functions, as necessary.
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118.8.1 - Generally.
Page 1 of 32
p, Intent. The smart code is an instrument for the implementation of the comprehensive plan and smart
growth principles. Smart growth encourages:
1. Community development that is diverse, compact and walkable;
2. 7he protection of landscapes that are ecologically and culturally valuable;
3. 7he complex neighborhaod unit as the basic increment of settlement;
4. Neighborhood size determined by a pedestrian shed small enough that most residents would walk
to its center;
5. Retail for ordinary household needs within the neighborhood; workplaces, including those
integrated with dwellings, available near the neighborhood;
6. The integration of housing types, suitable for younger and older persons, single households and
families;
7. Balancing investment in transportation and civic infrastructure, towards the provision of civic open
space and buildings;
B. Transportation options that include walking, cars, transit, and bicycles;
9. A fine-grained network of thoroughfares dispersing traffic and connecting to the regional system;
1�. Thoroughfares conceived equitably for pedestrians, bicyclists and automobiles;
11. Building frontages that mask parking and support pedestrian activity.
B. Terms and definitions. Terms used throughaut this article shall take their commonly accepted meanings
and as herein defined. The definitions may contain regulatory language that is intEgral to this article. In the
event of conflicts between these definitions and those of.ch,apte.r...1.42. of the city Code, the definitions of
this article shall take precedence. If a term is npt defined by this article, then the definitions in.....c....h.a.pter._.1.42
shall apply. Where no definition exists, Webster's Dictionary, current edition, shall apply.
Adverse impact means the negative consequences of a use on surrounding areas, usually as a result of size, scale,
noise, vibration, odor, traffic, pollution or anti-pedestrian quality_ Consequences confined within the lot boundaries
are nnt considered to create adverse impact.
Allee means a walkway lined with trees or tall shrubs.
Apartment means a dwelling unit sharing a building and a lot with ather dwellings andlor uses. Apartments may be for
rent or for sale as condominiums.
Artisanal means premises used primarily for the manufacture and sale of artifacts, using only hand-held and/or table
mounted electric tools.
Attic means the area within th� slope of a roof. An inhabited attic shall not be considered a story for purposes of
determining building height.
Backbuilding means a single story structure connecting a principal building to an outbuilding. See Diagram 1.
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Block means the aggregate of lots, paths and passages, lanes and alleys, enclosed by other thoroughfares. See
Diagram 2.
Di�gram 2
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Block face means the aggregate of all the building facades on one side of a block. The block face provides the
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Page 3 of 32
context for establishing architectural harmony. See Diagram 3.
Diagram 3
Building dispasition means the placement of a building on its lot.
Building frontage means the privately held layer in front of the building facade. The elements of building and
landscape that are within a frontage are held ta specific standards. The variables of private frontage are
the depth of the setback and the combination of architectural elements such as fences, StO0p5, porches,
and galleries. These elements influence social behavior in the public realm. The frontage layer may
overlap the public streetscape in case of awnings, galleries and arcades.
Building height means the vertical extent of a building measured in stories including parking structures but not
including a raised basement, habitable attic, masts, belfries, clock towers, chimney flues, water tanks,
elevator bulkheads and similar structures.
euilding type means the combination of certain physical canstants defined by the relationship between height,
disposition and use.
Civic means only government owned, publicly used land that is intended to remain in public uses and ownership.
Crvic recreation means an open area dedicated for use by the public, typically for community gatherings.
Commercial means the collective term for o�ce and retail use.
Density means the number of dwelling units within a standard measure of upland area owned by the applicant,
such as units per acre.
Director means the director of the community development department, or the director's designee.
Dooryard and light court. See section 11.8.8.6.B.3 frontage table.
Downtown means the downtown redevelopment area as illustrated in Diagram 7 herein.
E'levation means the exterior walls and roof of a building.
Enfront means the placing of an element along a frontage line, as in "porches enfront the street."
Entrance, principal means the principal place of pedestrian entry to a building. In the support of pedestrian
activity, the principal entrance should face the enfronting street rather than the parking.
Facade means an exterior wall of a building that is set along a frontage line_ Facades support the public realm
and are subject to frontage requirements additional to those required of other elevations. See 17iagram 4.
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Page 4 of 32
Dia�ra�m 4
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�-Frantage Lir�+e
2-La�t Line
3-Fa�ad+e �frant �lewr��ion�)
Flexhouse means a dwelling unit that contains, to a varying but limited extent, a commercial component. A
flexhouse is a fee simple unit on a Iqt served by an alley with the commercial component limited to the
ground level. ihe size of the commercial component is limited by the required paved parking for the
commercial area in addition to two parking places for the residential unit. The term "flexhouse" is
synonymous with the term "live-work unit."
Floor area ratio (FAR) means the calculation determined by dividing the gross floor area of all floors within
buildings on a lot by the area of that lot. See Diagram 5.
Diaaram 5
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Forecourt. See section.....1....1....8.....8.:6.8.4. frontage table.
Front yard. See section..1.,1..8,8.,.6.8.1. frontage table.
Frontage Irne means those lot lines that coincide with a public thoroughfare or a civic space. Thpse frontages on
an A street shall be considered to be primary frontage lines. Facades along frontage lines define the public
realm and are therefore more highly regulated than other elevations. For this reasan, all frontage lines
shall meet the facade treatment requirements to the greatest extent possible. See Diagram 4.
Infill means a site within the existing urban fabric small enough to involve the design of only one or a few
buildings.
Institutional use means structures and related land used by organizations providing educational, social and
recreational services to the community, and nonprofit organizations such as colleges and universities,
elementary and secondary schools, community centers and clubs, civic and religious facilities, and
museums. Civic uses, those structures and lands owned by government for public use, are excluded from
this category. Institutional uses are permitted in all zoning districts within downtown redevelopment area.
Land use district means that district es designated on the future land use map for the downtown and as further
regulated by this article. The official zoning map districts for the downtown are identical to the future land
use map districts for the dawntown.
Layer means the depth of the lot within which certain elements are permitted. See Diagram 6.
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Page 5 of 32
Liner building means a building specifically designed to mask a parking lot or a parking garage or other use or
structure from a frontage. Its purpose is to enhance the pedestrian connectipn to the street.
Lodging means premises available for daily and weekly renting of bedrooms.
Lot line means the boundary that legally demarcates a lot. See Frontage line. See Diagram 2.
Outbuilding means an ancillary building, usually located towards [he rear of the lot, on the same lot as the
principal building, sometimes connected ta the principal building by a backbuilding.
Parking structure means e building containing twa or mare stories of parking.
Pedestrian shed means the average distance that may be traversed at an easy pace by a walk from its center to
its edge. This distance is used to determine the outer limit of the neighborhaod. This dimension is
approximately one-quarter of a mile or 1,400 feet or a five-minute walk. Four pedestrian sheds cover the
downtown - East, West, South, and the Core. The west pedestrian shed is centered on Edison Ford
Square as a future neighborhood center; the east shed is located where Evans Avenue turns into Park
Avenue; and the south shed where Dr. Martin Luther King, Jr. Boulevard and Hendry Street meet. ihe
fourth pedestrian shed (core) is the heart of downtown. The center of the pedestrian shed in the core
stretches out along an axis formed by the two principal pedestrian streets, First Street and Hendry Street.
(See Diagram 7.)
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�iagram 7
Dewntown Redevelopment Area
�nd
Pedestrian Shed �1ap
Calaosahatchee River
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Plan means the Downtown Fort Myers Plan, adopted by city council on April 7, 2003, as may be amended from
time-to-time.
Pprch and fence. See section 11..8.,....8...,.6..6.2. frontage table.
Primary/secondary grid means thoroughfare designations on the plan. Buildings on the primary grid are subject to
all of the provisions of this Code. Buildings on the secondary grid are exempt from certain provisions. The
term "primary grid" is synonymous with A Street, and the term "secondary grid" is synonymous with B
Street. A list of A and B Streets is contained in section..1...1....8....:..B...G.H. Frontage lines are assigned only along
thvroughfares that are required to provide an excellent pedestrian experience. Other thoroughfares are
secondary and are therefore exempt from these requirements to allow for necessary open parking lots,
unmasked parking decks, drive-through and hermetic building fronts.
Principal building means the main building on a lot, always located towards the frontage. See Diagram 1.
Public parking structure means a structure, either publicly or privately owned, providing parking spaces to the
general public that are in excess of spaces otherwise required for development under this artide.
Residential means premises available for long-term habitation by means of ownership or rental, but excluding
short-term renting.
Retai! frontage line means those frontage lines designated on the plan that are encouraged to provide a
shopfront, making the ground level available for retail use.
5hared parking standards means an alternative calculation of parking requirements, which may be applied when
land uses have different parking demand patterns and are able to use the same parking spaces/areas
throughout the day. Shared parking is most effective when these land uses have signiflcantly different
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Page 7 of 32
peak parking characteristics that vary by time of day, day of week, and/or season of the year. In these situations,
shared parking strategies will result in fewer total parking spaces needed when compared to the total
number of spaces needed for each land use or business separately. 5ee section..1.18,8,6.F.
Shopfront and awning. See section 118.8.6.8.6 frontage table.
Stoop. See section..1...1..8.,.8..6.B.5 frontage table.
Story means a habitable level within a building, no more than 14 feet in height, or a level within a parking garage,
from finished floor to finished ceiling. An attic or raised basement is not considered a story for the
purposes of determining building height.
Streetscape means the type and dimension of curbs, walks, planters, street trees and streetlights and the like.
Streetwall means a decorative, opaque, freestanding wall interplanted with vegetation and built along the
frontage line, or coplanar with the facade, often for the purpose of masking a parking lot from the street.
Streetwalls shall be constructed at a height of 3.5 feet and of a material matching the adjacent building
facade. Streetwalls may have openings no larger than necessary to allow automobile and pedestrian
access.
Terminated vista means a location at the axial conclusion of a thoroughfare. A building located at a terminated
vista may be recommended to have an articulated facade.
Transition line means a horizontal line, the full width of a facade, expressed by a material change or by a
continuous horizontal articulation such as a cornice or a balcony.
Uses permitted means the uses accommodated by a building and its lot within the zoning districts of this article.
Uses are categorized as limited or open according to the intensity of the otherwise similar use.
Uses, water dependent means marinas, yacht clubs, customer passenger boating, charter boats, boat ramps,
and any related feature.
Uses, water enhanced means resource based recreational use, restaurants, residential, hotel, motel and related
features.
Warrant means a variation from particular standards of the smart code that is justified by need, hardship or
physical constraint. See 5ection..118.F3.3.
(�tz1 Nc� 34,',� $?. 'f-'1�-�'OP]8,' C7i'd Nc,, ,3�7;3. � J;�. Fi• 1Ci-;�CJi1F�)
718.8.2 - Procedures,
p, ApplYcatlon af the Downtawn Smart Code.
1. Generally. No building, structure, or land shall be used or occupied and no building or structure or
part thereof shall be erected, constructed, reconstructed, moved or structurally altered, added to, or
changed in use, except in conformity with the regulations for the land use district as designated on
the future land use map in which such building, structure or land is located, except as follows�
a. Where hausing units within the downtown existing prior to December 9, 2003, are
demolished by a natural disaster or an act of nature, replacement housing units may be
permitted for the same number of units existing priar to the destruction, regardless of
whether the number of units exceeds that eligible as bonus densities or whether the excess
number qf units meets bonus density standards under this article. The replacement units
shall comply with the standards contained in the smart code and land development code as
applicable. To obtain the replacement hnusing units, the property owner must obtain all
building permits to construct within four years of demolition, commence construction within
six months of building permit issuance, and complete construction within two years from the
date of commencement. Failure of the property owner to meet the above time limitations
shall preclude the u5e of the replacement housing units, and the owner shall be required to
obtain approvals pursuant to this article as if all of the units were new housing units.
b. Where housing units within the downtown existing prior to December 9, 2003, are
demolished by the property owner, replacement housing units may be permitted for the same
number of existing units. The replacement units shall comply with the standards contained in
the smart code and land development code as applicable_ To obtain the replacement
housing units, the property owner must obtain building permits within six months from the
date of demolition, commence construction within six months of building permit issuance,
and must complete construction within two years of the date of commencement_ Failure of
the property owner to meet the above time limitations shall preclude the use of the
replacement housing units, and the owner shall be required to obtain approvals pursuant to
this article as if all of the units were new housing units.
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Page 8 of 32
Z, Conflict. The provisions of this article when in conflict shall take precedence over oth�r codes,
ordinances, regulations and standards, except that those listed in section .118.8.4 shall remain in
effect. Chapter 126, signs, and c.hapter 1..3....$., vegetation, except as noted herein, shall not apply tp
development in the downtown. Other requirements of the land development code or other
applicable ordinances continue to be applicable only to issues not covered by this article, except
where those would contradict the intent of this article.
3. Exemptions. Items listed below shall be exempt from the requirements of this article and shall
instead be reviewed for compliance with the requirements of the land development code.
a. Interiar remodeling only.
b. Like replacement of materials and structures.
c. Routine maintenance and repair.
d. Single-family residential developm�:nt, including additions.
e. Historic rehabilitation and/or restoration in compliance with the Secretary of the Interior
Standards, or the occupancy of a historic landmark or a contributing structure within the
downtown historic district and Dean Park Historic District with a permitted use that proposes
no additional square footage.
f. Change in accupancy from one permitted use to another where no additional square fvotage
is proposed.
4. Activation. Provisions of thi5 article shall be activated by "shall" when required, "should" when
recommended, and "may" when optional.
5. Development processes. There shall be three development processes applicable to the downtown
as established herein.
a. Approval requiring review by the director pursuant to the site plan review process, with
appeal to the city council.
h. Approval pursuant to the site plan review process and with warrants approved by the
director, with appeal to the city council.
c. Approval through the planned unit development process, including projects that exceed
standard heights or densities; projects that have adverse impact as defined by this article;
and artisanal, district, institutional, civic and parking structure overlay uses.
B. Review process.
1. Any application for development of a lot or building in the downtown pursuant to this article shall
include a site plan in accordance with this section.
a. Site plan application rEquirements. The site plan shall be prepared by a professional
architect, engineer, certified planner or landscape architect. The community development
department shall initiate review of a site plan application upon receipt of a complete
application. Data furnished in the application shall be to scale and shall include the following
informatian, unless waived in writing by the director.
1) Name and addre55 of the record owners, the applicant, and the pErson preparing the
site plan.
2) Location map.
3) Legal description and survey of the proposed site boundaries made and certified by a
state registered land surveyor or engineer. The survey shall reflect any existing
structures and paved areas.
�0.) Proposed land use, with indication of size, locativn and height of structures with
approximate dimensions, setbacks, and landscaped yards.
5) Adjacent area information, including setbacks, existing land use and other pertinent
information.
6) Vehicular circulation system, both on-site and off-site, with proposed access, which
shall comply with city kra�c engineering.
7) Pedestrian circulation system, on-site and off-site.
8) Lighting plan for street and development site.
9) The location of existing public utilities, including location of closest available water
supply system or collection lines and fire hydrants; closest available wastewater
collection system or collection lines; and existing provisions far the collection and
discharge of surtace drainage.
10) Gross acreag�: of uplands.
11) Number of dwelling units for residential uses only.
12) Square footage of ground covered by buildings or structures, pervious and impervious
areas, and square footage and percentage of site for each.
13) Required and provided number of parking spaces.
74) Proposed location of sidewalks, curbs, gutters, water mains, sanitary sewers, storm
drains, manholes, inlets, underground conduits, seawalls, and the size and shapes
and types thereof; and the character, width and depth of pavement in sub-base of any
roadways, access points nr paths located within the proposed development
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15) Location and width of any proposed permanent utility easements.
16) All adjacent rights-of-way, with indication of centerline and width, paved width, existing
median cuts and inter5ections, straet light poles and utility company facilities.
17) Building separatians and setbacks.
b. Location of all paved drives and parking areas, including centerlines, dimensions, radius, and
elevatians, traffic signage and striping.
c. Schematic elevations of buildings shawing concealment of all mechanical or accessory
equipment located on the roof.
d. Building floor plans and proposed building materials. Front, side and rear elevations (with
any wall signs) showing height to peak of roof.
e. Location of trash and garbage disposal system and provisions for accessibility to garbage
trucks.
f. Adequate architectural screening of all trash and garbage disposal systems.
g. Loading areas and provisions for accessibility to vehicles of the required type and
clearances.
h. Areas for emergency vehicles and fire engines and provisions for fire lane accessibility for
vehicles of the required type.
i. Entrance features, walls, �uffers, and ground signs.
j. Where the site plan covers only a part of contiguous real property owned by the applicant,
master-phasing plan for such additional acreage unless the applicant certifies that the
remaining real property shall not be developed.
k. The proposed treatment of the perimeter of the site, including the material and techniques
used, such as screens, landscaping buffers, fences and walls.
I. The tocation and size, in acres or square feet, of all areas to be conveyed, dedicated, or
reserved as open space, public parks, recreational areas, and similar public or semi-public
uses.
m. Any other signage proposed, including specifically that beyond what the city code requires.
n. A narrative of how the applicant meets the criteria in section 118.8.5.5, if applicable.
o. Trip generation from the uses proposed.
p. Any additional information as may be reasonably required by the director.
2. The director shall request a review of the completed application from city departments as the
director deems appropriate, including but not limited to community development/development
services, community developmenUplanning, public workslengineering, public workslparks, and fire.
Each city department that reviews the application shall respond with written comments and
recommendations based upon the standards in this article to the director. The applicant shall be
advised by mail of the comments and recommendations and any steps necessary to comply with
this article. The applicant shall have an opportunity to satisfy any requirement by filing a written
request within 15 days of such written notice for an opportunity to modify the application, along with
such modifications requested. If the applicant does not request an opportunity to modify, then the
recommendations shall be forwarded to the director for determination, which shall be made within
60 days from the end of the aforesaid 15-day period. The director shall approve, approve with
conditions or deny the site plan application. If the project is subject ta a density cap pursuant to the
city comprehensive plan, then any approval for residential units shall include the following
conditians:
a. The project must apply for a building permit within 12 months of the date of site plan
approval;
b. The project must commence construction within 18 months of the date of site plan approval;
c. The project must be completed within a certain time frame;
d. Failur� to comply with the conditions shall result in the loss of any vested units for the
project; and
3. If at the time of project approval units are unavailable because the density cap has been exceeded
by previously vested units, then the approval shall be "conditional" and not apply until the director
notifies the applicant in writing that the units are available. Upon notification that the units are
available, the conditions in subsections B.2.a., b. and c. of this section shall apply to th�: approval
as if the approval occurred on the date of the director's natice. If the applicant makes modifications
ta the application pursuant to subsection 6.2. of this section, then the director shall forward the
modified application to the appropriate city departments for review. Any modified written
recommendations and comments from the departments shall be fprwarded, within 15 days from the
departmenYs receipt of the modified application, to the director for determination. Within 30 days of
the receipt of the modified written recommendations and comments, the director shall approve,
approve with conditions or deny the site plan application.
4. If at any time during the review of the application, the director desires to convene the reviewing
departments to discuss the application, the meeting pf the reviewing departments shall be a public
meeting and the applicant shall be notified of the meeting and have an opportunity to attend and
present information at the meeting.
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5, Appeal of the director's determination shall be made to the city council within 30 days of the
directar's decision, which shall conduct a quasi-judicial public hearing on the appeal.
6. Issuance of a site plan epproval shall be deemed to authorize only the particular site configuration,
layout and level of impacts that were approved. Permitted uses may occur in conjunction with or in
place of the approved use. A site plan approval shall run with the land. Issuance of a site plan
approval shall be deemed to authorize the building official to approve an application for a building
permit if the applicant has complied with other relevant poRions of this article and the Code.
7'. Minpr modifications may be made to the site plan upon written approval of the director and upon
submission of a letter explaining the need for corrections and payment of the fee established by the
adopted fee schedule. Minor modifications include, but are not limited to: a change in sign location,
minor modifications to parking areas (such as the relocation of a handicapped parking space),
relocation of terminal islands to accommodate trees or utility lines, reduction in building foatprint
size, addition of small canopies, minor revisions to lot lines to be consistent with a recorded plat,
temporary seles and construction trailers, and satellite dish location. No additional density may be
approved by minor modification. Except for minor modifications, the site plan may be amended only
pursuant to the procedures and standards established for its ariginal approval.
C. Those developments required by this article to be approved pursuant to the planned unit development
process shall be reviewed through the process described in section 1,1.8...5....,..1..., except that the development
standards of this article shall apply. Once approved, a planned unit development is vested for purposes of
the residential building cap of the comprehensive plan if it is completed within the period af time provided
in the planned unit development approval, which shall include commencement and completion time
requirements for each phase of the planned unit development. Failure to comply with the time frames shall
result in the planned unit development or phase thereof becoming void.
D. In circumstances where an application is approved that exceeds, in whole or in part, the unit density cap
mandated by the comprehensive plan, the approved units shall be considered reserved for a future time
when units become available. When units previously approved are unused within the time constraints of
their approval and become available fqr allocation to the next approved project, or when the density cap is
otherwise increased, priority in the allocation of the available units shall be granted to the project whose
site plan or planned unit development has the earliest date of the approval. Once newly available units are
allocated to the reserved units, they must be used according to the conditions and phasing requirements
of the approval, or they will not be cansidered vested and instead will be reallocated pursuant to this
sectian to the next eligibls project by approval date.
{Cla2�. lt%o 342?. § `l )-74-?GOE)
118.8.3 - Warrants.
To expedite the development review and approval proc�:ss and pravide incentives for promoting smart growth, there is
hereby established a warrant process.
A. A warrant permits a practice that is a variation from a specific provision of this article, but that is justified by
need, hardship or physical constraint. Warrants may be granted administratively by the director. ihe
following site design issues may be considered through the warrant process: building setbacks; vehicular
access from a rear alley; number of parking spaces; location of parking facilities; landscape requirements,
on-site signage; fencing type, building type/disposition and frontage type. Addition or change of uses
permitted within a land use district is not possible through the warrant process.
B. The request for a warrant shall not subject the entire application to public hearing, but only that portion
necessary to rule on the issue under cansideration.
C. The developer may appeal a decision of the director regarding a�varrant to the city council, which shall
conduct a quasi-judicial public hearing on the appeal.
D. A warrant shall be considered unique and shall not set precedent for others. Warrants shall not be granted
unless a written application is submitted on forms provided by the city demonstrating each of the following:
1. That special conditions and circumstances exist which are peculiar to the land, structure, ar building
involved and which are not generally applicable to other lands, structures, or buildings in the same
district;
2. That granting the warrant is in the best interest of the public and promotes the general health,
safety, and welfare of the neighborhood to be affeded by the warrant;
3. That granting the warrant is based on need, hardship or physical constraint; and
4. That granting the warrant results in a project that better complies with the intent of the Downtown
Fort Myers Plan.
Grc;. ?Jo. °�t�2. ;?. i-'f4-�>L'�a Grd Nc. 34i:i. F 79. 6-15-20GB1
118.8.4 - Superseding Regulations.
The provisions of the following regulations take precedence over the provisions of this article:
A. Adult entertainment regulations.
B. Noise regulations.
C. Flood hazard regulations.
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p, Historic preservation regulations, except noted in section 118.8.2.3.
E. Accessibility (Americans with Disabilities Act) standards.
F. Florida Building Code.
G. Florida Fire Prevention Codes.
{'(�r<f Nv. .3422. j �J. 1--14-.%tJ�+�;
118.8.5 - Land �se Di�trict Regulatians.
q, Applicable to all land use districts.
2.
K�
Page ] 1 of 32
Building disposition in general.
a. Lots shall be sized as shown in section_11.8:8.6.G. unless previously platted, in which case
they may be re-platted to comply with the standards of this section.
b. Building coverage by a building should be as shown in section 118.8.6.G.
c. Floor area ratios are identified in subsection 118,8..6.G.
d. One principal building on the frontage and one outbuilding ta the rear of it may be built on
each lot. One backbuilding may be built in an edge yard building type.
e. Facades shall be built parallel to the principal frontage line or, if curved or broken, on a line
tangent to it.
f. Setbacks shall be as shown in subsection .1.1_8.,....8....,....6....G. In the case of an infill lot, setbacks
shall match pne or the other of the existing adjacent setbacks ar the setback may be
adjusted by warrant, see section 118.8.3. Parking shall not be located within the front layer.
g. Open porches, stoops, balconies, awnings end bay windows may encroach into any setback
as apprpved. Rear setbacks for autbuildings shall be a minimum of 12 feet from the
centerline of the alley or lane. In the absence of rear alley or lane the rear setback shall be a
minimum of zero feet. See subsection__1...1..8,.8.6.B frontage table.
h. Open porches may encroach up to 50 percent of the depth of the setbacks.
i. Loading docks and service areas, which are those areas with parking, loading, machinery,
transformers, and overhead doors, shall not be permitted on frontages, except by warrant.
j. Buildings on a secondary grid (B Street) are exempt from disposition requirements. A list of A
and B Streets is shown in subsection 118.8.6_H.
k. All A Street frontages shall be encouraged to have liner buildings to the maximum extent
possible.
I. Outbuildings shall not exceed 45p square feet of habitable space, excluding garage. See
Diagram 1.
Building height In general.
a. Frontage types shall be as depicted in section 11.8.._.8.._6.G. and illustrated in section_118.8.6.B.
b. Building heights shall be as shown in section...1....1....8.:.8..�.G. and illustrated in section 111_8.6.C.
Uses permitted/adverse Impact uses in general.
a. 7he uses permitted in each land use district shall be as shown in subsection 11.i3..8...6..D.
b. Uses not expressly permitted in subsection..918.8.fi.D. or which create an adverse impact
require approvel of a planned unit development. Uses considered to have adverse impacts
include:
1) Automotive sales, service, and repair.
2) Retail with parking lot an the street frontage.
3) Cell phone towers.
4) Kennels and animal husbandry.
5) Depots for large-scale storage and distribution.
6) Pole signs and billboards.
7) Drive-through cammercial.
e) 5ervice stations.
9) Golf courses and nurseries.
10) Labor pool, halfway houses and food pantries_
11) Landfills and dumps.
12) Mineral extraction areas.
13) Outdoor storage.
14) Prisons, except as accessories to police stations.
15) Scrap yards for the processing and storage of waste materials.
16) 7ranspartation terminals, except bus depots, rail stations, and ferry terminals.
17) Public or private surFace parking lots and public or private parking structures.
18) Parking garages without liner buildings on all A Streets (primary grid).
19) Prohibited uses are those found in subsection 11..8,3,_..3.....Q.3.
4. Density and height limits.
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a.
b.
c.
Page 12 of 32
Density limits in the coa5tal high hazard area (CHHA). In the downtown redevelopment
area's ChIHA, the city will not issue permits for development that will exceed the total of
2,352 residential units permitted under the comprehensive plan as of January 24, 2006, and
as shown on Map E-2. If any parcel is split by the CHHA boundary line, then residential units
built in the parcel area not located within the CHHA will not be counted for the CHHA density
cap-
Density limits in the dawntown r�development area. In the downtown redevelopment area
shown on Map E-2, including the coastal high hazard zone, the city will not issue permits for
development that will exceed the total of 10,187 residential units.
All new resid�ntial development located within the coastal high hazard zone, excluding
replacement units, shall require planned unit development approval and any increased
density above standard densities or increased heights beyond those permitted pursuant to
subsection....1...1..8,...8....,....6....C., building height table, shall require planned unit development
approval.
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5. Bonus density and increased height criteria. In the urban general, urban center and urban core
aoning districts, additional density and additional height may be awarded through the planned unit
development process in section...1_1..8:.5..:.9.. In order to be considered for bonus density or height the
developer shall prepare a hurricane evacuation plan and contribute a shelter fee for expansion of
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Page l 3 of 32
hurricane shelter capacity in the city. All plans shall comply with L.ee County Administrative Code
AC 7-7, be submitted to and approved by the county emergency management director. The fee
shall be calculated based on the cost of providing retrofitted shelter space, at $300.00 per housing
unit in 20�4 dollars and as adjusted annually by the Consumer Price Index, to be contributed to the
noninterest bearing downtown coastal high hazard zone hurricane shelter fund. Multiphased
projects may pay their cost per unit at the time of building permit issuance for each phase. The
award of bonus height or density shall be in the sole discretipn of the city council. The award of
bonus height shall be based on the pravision of exceptional architectural design as defined herein.
The award of bonus density on riverfront properry shall be based on the following criteria, with the
weighting of the criteria as indicated. Each criteria category must be fully met in order that a density
bonus for that category can be awarded. In no case may the bonus density exceed the number
allowed by the district. Additionally, in order to be eligible for bonus density or height the open
space criteria below shall be mandatory and included in all development proposals. Bonus density
shall be awarded on a percentage basis for the seven criteria belaw, or six criteria if nonwaterfront
property is involved, and dispersed equally amang the remaining criteria.
a. Affordable-workforce/community housing (ten percent). Provide one affordable-
workforce housing unit for every 5q market rate units either on-site or at an off-site location
within one mile of the downtawn, or provide a cash contribution of $120,000.00 or as
adjusted annually by the Consumer Price Index per required affordable-workforce unit to be
contributed to the noninterest-bearing downtown redevelopment area moderate housing trust
fund.
b. Para-transtUpedestrian-friendly connectlon between public and private (six percent).
Contribute to the city's annual cast of providing para-transit facilities, in an amount of $51.14
per unit to be held in a noninterest bearing escrow account by the city in a fund known as
dawntown para-transit trust fund. If the developer chooses, this amount may be paid on a per
phase basis and will be adjusted annually, starting January 2006, based on the Consumer
Pricing Index. These monies shall be accumulated in the fund until one trolley can be fully
funded and begin service. As the trust fund builds, the second trolley will be added.
Furthermore, developer will provide access between the project and public right-of-way with
a minimum width of six feet for access to either the sidewalk/street frontage or to a riverwalk.
The developer will build and maintain improvements at its expense. Developer must agree to
continue the adopted streetscape plan on the first layer of the property and to maintain
consistency with the plan in perpetuity.
c. Mandatary public open space (ben percent�. D�veloper agrees to provide public open
space opportunities on-site ar within the downtown redevelopment area. Public shall include
all persons, including nonresidents of the development. On riverfront properties, a view
corridor must ensure that the proposed structure has an orientation and massing which is
sensitive to and compatible with the building site and surrounding area, and which allows an
unobstructed view of the river from the street visible from eye-level six feet above grade at
the adjoining road pavement edge.
d. Mixed use/retail-office-residential (12 percent�. Developer shall provide the mix of uses
for each applicable each land use district as follows: Urban general - 8Q--90 percent
residential and 10-20 pErcent office/commercial; urban center - 30-40 percent residential
and 6�70 percent office/commercial; urban core - 80--90 percent residential and 1�20
percent officelcommercial. These percentages may be varied, provided the percentage in
each land use category in the aggregate is maintained.
e. Public parking (12 percent). The developer shall provide a cash contribution of $20,000.00
per parking space at the ratio of one additional space for every ten parking spaces provided.
The city shall use these funds to provide public parking spaces for the area governed by the
downtown smart code. ihis fee shall be adjusted annually on January 1 of each year based
on the Consumer Price Index.
f. Water-dependent uses open to the public (ten percent). Water dependent uses are
marinas, commercial fishing, yacht clubs, boat ramps, and parks, and must be open to the
public. Developer shall provide evidence of the existence of the facilities or of permitting by
state and federal agencies for such facilities.
g. Exceptianal architectural/site deslgn (40 percent). Developer provides exceptional
architectural and site design, over and above compliance with the architectural standards of
section.1..18:8.5. The city council may rely on advice offered by a three-person panel of state
registered architects for the city. To receive bonus densities und�r this criterion, the applicant
must demonstrate a cannection to the nature, style, character and history of the city.
6. Nonconforming uses. Any existing us� that has become nonconfarming as a result of the
redesignation of property within the downtown redevelopment area is subject to the nonconforming
provisions in subsection 118.C.9 of the Smart Code, Article IV of this chapter, or can be reviewed
through the planned unit development process.
7. Parking standards in general.
a. Parking shall be accessed by alley or rear lane where possible.
b. Properties located in the downtown core pedestrian shed (see Diagram 7, in section
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1.18.8.1.B) are exempt from the on-site parking requirements contained herein. Parking
requirements may be satisfied by excess off-site locations within the same pedestrian shed
as where the development requiring the parking is located.
c. In all other areas af downtown, properties located outside the care pedestrian shed shall
meet the requir�ments in subsections....11$.B.E.E. and 11.8..8..6.F. Parking requirements may
be satisfied by off-site locations within the same pedestrian shed as where the development
requiring the parking is located and may be located outside the same pedestrian shed if
approved by warrant.
d. One bicycle rack shall be provided for each 30 to 100 required parking spaces. Two bicycle
racks shall be provided for every additional 100 required parking spaces.
e. Parking shall be located within layers described in subsections.....1.._1...8.:....8...:..5..A---�118.8.5.D.
f. Liner buildings used as office, retail, artisanal and institutional, and less than 30 feet deep,
shall not be required to provide parking.
g. Parking lots abutting residential uses shall be secur�d by a combination of a solid six-fpot
wall af masonry or other materials as approved by the directar, with faur shade trees and 25
shrubs every 100 linear feet. Wood fencing is discouraged.
h. Parking structures must be designed to be compatible with the nverall design of the project
and may not resemble rypical parking structures.
8. Architectural standards in general.
a. Exterior materials shall be as specified in the specific zoning districts. Hardiplank or equal
may be used as a substitute for wood in all buildings.
b. Windows shall be clear glass, and must transmit at least 50 percent of visible daylight.
c. Pitched roofs, if provided, shall be symmetrically sloped no less than 4:12, except that
porches may have attached shed type roofs with slopes no less than 2:12.
d. Flat roofs shall be enclosed by parapets a minimum of 42 inches high or as required to
conceal HVAC equipment to the satisfaction of the director_
e. Openings above the first story shall not exceed 50 percent of the total building wall area, with
each facade being calculated independently.
f. The facades an A Streets shall be detailed as storefronts and glazed no less than 7� percent
of the sidewalk-level story. The facades on office frontages shall be glazed no less than 25
percent pf the sidewalk-level story.
g. Open porches, stoops, balconies, awnings and bay windows may encroach into any setback
up to the right-of-way line. Footings may be located within the right-of-way or within
easements if applicant agrees to restore all underground and surtac� improvements
disturbed by footing construction.
h. Openings, including porches, galleries, arcades and windows shall be square or vertical in
proportion.
i. Doors and windows that operate as slides are prohibited along frontage lines.
j. Buildings must provide connectivity to adjacent sites.
9. l..andscapelbuffer standards in general.
a. Properties within the downtown redevelopment area are exempt from the requirements in
cha�ter_138
b. A minimum of one tree to match the tree on the enfronting streetscape, not in conflict with
the streetscape plan dated April 2002, shall be planted for each 25 feet of frontage, or any
portion thereof, within the first layer of each lot unless otherwise specified.
c. Groundcover shall be planted and maintained on the first layer of each lot unless otherwise
specified.
10. Signage standards in general.
a. Signage is an integral component of the building and site design and should be appropriately
scaled and consistent in character with the project's overall design, Signage utilized within
the historic district shall be approved by the historic preservation commission.
b. Number of signs: There shall be one sign per facade. Blade signs shall nqt be counted
taward signage permitted.
c. Size of signs: Wall or monument signs shall be no greater in size than five percent of
nonresidential space on the first story of the front facade area_ Monument signs shall not
exceed five feet in height.
d. Banner signs: In addition ta other permitted signage, banner signs shall be permitted only on
publicly owned arts and cultural buildings ta promote special events or collections. Said
banner signs may be displayed no more than two weeks prior to the special event or
collection and shall be removed within 24 hours afterward. Banner signs shall not be caunted
toward the total amount of signage allowed. The city may install banner signs on light posts
with no time limitations.
e. Prahibited signs: In additian to those signs prohibited in..se_c....tian.__12.6.-9.1., billboards, pole
signs, electronic messaging signs (excluding district), and promotional inflatable signs are
expressly prohibited.
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f, Additional signage or modifications to the signage provisions may be considered through the
warrant process.
g. Except as noted herein regarding prohibited signs, the remaining sections in. chapt.e.r.....1...26 are
not applicable.
11. Construction site screening.
a. All development projects where heavy equipment is used and stored shall submit plans
detailing the staging of construction areas, including, but not limited to: starage of heavy
equipment; building materials; employee parking; and access. A hard compacted dust-free
surface, acceptable to #he public works department, is required for the storage of heavy
equipment.
b. All construction sites and/or steging areas shall be screened along all yards with a six-foot
high chain link fence with green, black or brown mesh screening. The mesh screening may
consist of artistic panels that do nat contain any type of advertising or verbiage except for #he
project identiflcation sign as provided in_..c..h.apter 'I.2.6.
c. Notwithstanding section 126-91, prohibited signs, project identifcation signage may be
allowed on the temporary fencing and screening of the construction site. This signage must
comply with the size limitations outlined in subsection...1.26-G.1....(14), project identification signs.
12. Amendment to previously approved planned unit development. Any amendment to a
previously approved planned unit development within the downtown redevelopment area shall be
subject to the provisions of section,,,118.5,.1, except any increase in the number of dwelling units
shall require amendment in the same manner as the original planned unit development. Additionally
and natwithstanding the above, previously approved planned unit developments adopted by
Ordinance Na. 3233, Ordinance No. 3261, Ordinance No. 3263, and Ordinance Na_ 331Q are
hereby each approved for extensions of time in accordance with the following amended time frames
and conditions:
(a) The developer must apply for the first building permit for vertical construction no later than
D�cember 31, 200i; and
(b) The developer must commence construction for vertical improvements no later than June 30,
2008; and
(c) The developer must complete construction no later than June 30, 2�11.
(d) The develppers on First Stre�UPalm Be2ch Bpulevard will be required to pay the
proportionate share as indicated in the SR 80/First Street Master Traffic Study or the road
impact fees, whichever is greater. The payment is due priar to the issuance of the first
building permit for ver[ical construction.
(e) The developers on West First Street shall pay any funds designated for th� roundabout
design prior to June 30, 2007.
B. Urban general land use distrlct regulations. The urban general land use district areas shall encourage
compatible infill in the eastern and western poRions of the downtown and encourage live/work units and
limited mixed-uses. For new development in areas designated urban general, the percentage of mixed-
uses shall be as follows: 80-90 percent residential and 10-20 percent officelcommercial.
1. Building disposition. See subsection.1.18_8.,6.G.1.
a. Maximum permitted flopr area ratio is 1.5.
b. Buildings shall have their principal entrances facing the street.
2. Building height. See subsection 118.8.6.G.1.
3. Uses permitted. See subsection.118..8..6....G.1.
a. Uses shall be open residential, limited office and limited lodging and limited child care
services. Neighborhood retail use, specifically serving the neighborhood, is confined to
carner lots, with not more than one pEr block. Neighborhood retail use is limited to
bookstores and news dealers, hardware stores, personal care services, and limited
neighbarhood markets not exceeding 5,000 square feet.
b. Institutional uses with a planned unit development approval.
c. Limited artisanal with a planned unit development approval, up to 600 square feet within the
first story of the ancillary building.
d. Accessory uses of limited lodging or limited office shall also be permitted in the autbuilding.
4. Parking standards. See subsections 1.1_8,...8.,..6...E and_.1_1_8...8._6_F.
a. All parking areas shall be located at the third layer and masked by a streetwall or liner
building. Covered parking areas shall be at the third layer.
h. Parking may b� accessed from the frontage by a driveway.
c. The required parking may be provided on sites elsewhere with the same pedestrian shed.
5. Architectural standards.
a. The exterior finish materials on all facades shall be limited to brick, wood, hardiplank, tile,
terracotta, and/or stucco.
b. Balconies and parches shall be made of painted wood or shall match abutting wall material.
c. Buildings shall have sloped roofs_
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d, Fences at the f rst layer of a lot shall be painted wood or hardiplank pickets, garden walls,
decorative wrought iron or similar metallic material that accomplishes the decorative look.
Fences at other layers may be painted wood or hardiplank pickets, wood board, coated
chainlink, masonry, or PVC.
Landscapelbuffer standards. There are no requirements additional to the general specifications
(see subsection 118.8.5.9).
Signage standards.
a. In the event of ofFce or lodging use a blade sign may be permanently installed perpendicular
to the facade.
b. Externally lit signs shall be lit with incandescent-spectrum bulbs.
8. Bonus density crite�ia. In urban general, a maximum of six additional units per acre may be
awarded through the planned unit development process, pursuent to the bonus density criteria in
section.l1$.8.5, for a total of 12 units per acre.
C. Urban Center Land Use District Regulations. The urban center areas are established to protect the
pedestrian-friendly fabric of the historic downtown core and the center of each surrounding neighborhood.
For each development in the urban center, the percentage of mixed-use designation shall be as follows:
30-40 percent residential and 6�70 percent office/cammercial.
7. Building disposition. See subsection_.118,_8..6.G.2.
a, Maximum permitted floor area ratio is five.
b. Buildings shall have their principal pedestrian entrances on a frontage line.
c. Facades shall be built parallel to the principal frontage line along a minimum of 70 percent of
its length with a setback of zero to ten feet from the frontage line. In the absence of a
building along the remainder of the frontage, a street wall or vegetative hedge shall be
required along the existing wall line.
2. Building height. See subsection...118.8.6.G.2. Buildings with a first level residential use shall be
raised a minimum of two feet from average sidewalk grade.
3. Uses permitted. See subsection..1,18.8.6.G.2.
a. Use shall be open residential, open office, open retail, open lodging, and child care services.
b. Institutional uses shall be permitted by the planned unit development process.
c. Ground floor commercial shall be encouraged along A Street frontages.
d. Artisanal uses within the first story and in a contiguous r�ar yard with a solid masonry wall no less
than eight feet high shall be permitted by the planned unit development process.
4. I�arking standards. See subsections_1._1..8.:8.6..E. and 118.8.6..F.
a. All parking areas, with the exception of waterfront properties, shall be located at the third
laysrs and masked by a streetwall or liner building. Waterfront properties shall locate parking
areas in the second or third layers as determined by the director_
b. Parking shall be accessed from a rear alley, where possible.
c. 7he required parking may be provided on sites elsewhere within the same pedestrian shed
or outside the pedestrian shed if approved by warrant.
d. Pedestrian entrances to all parking lots and parking structures shall be directly from a
frontage line, so the street frontage is active with pedestrians. �nly underground parking
structures may be entered by pedestrians directly from a building.
e. The vehicular entrance to a parking lot or garage on a frontage shall be no wider than 30
feet.
5. Architectural standards.
a. The exterior finish mat�:rial on all facades shall be limited to stone, brick, ceramic tile, glass,
architectural aluminum panels, cast stone and/or stucco.
b. Balconies, galleries and arcades shall be made of concrete, painted wood, or metal or shall
match abutting wall material.
c. Buildings shall have sloped roofs or flat roofs enclosed by parapets.
d. 5treetwalls, when utilized, shall be located at the first layer along the frontage line.
e. �penings, including porches, arches, and windows, shall be square or vertical in proportion.
fi. Landscape/buffer standards. The first layer shall be landscaped or paved to be not in conflict with
the enfronting streetscape, as depicted in the streetscape plan.
7. Slgnage standards.
a. A single external sign band (no multiple signs) may be applied to the facade of each building,
providing that such sign shall not exceed three feet in height by any length.
b. Blade signs, not to exceed four square feet for each separate business entrance, may be
attached perpendicular to the facade.
c. Signage shall be externally lit, except that signage within the shop may be neon lit.
8. Bonus density criteria. In urban center, a maximum of 15 additional units per acre may be
awarded pursuant to the bonus density criteria in section..1..1...8....:8: 5: for a total of 40 units per acre,
through the planned unit development process.
9. Nonconforming uses. Those properties located north of Dr. Martin Luther King Jr. Boulevard and west of
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Evans Avenue designated Urban Center that were previously designated Light Industrial (I-1) as of April
30, 2003, will be permitted to continue I-1 uses until April 30, 2D08, except for automative uses. After April
30, 2008, a licensed business so grandfathered shall be permitted to continue until an occupational license
is not renewed. Property located at 1828 �vans Avenue shall have until April 30, 2013, to continue with
doggy care and industrial use categories as follows: 1) alt wholssale trade (principal and accessory uses);
and 2) all light industrial principal and accessory uses except contractor storage outdoor (indoor allowed),
crematorium, detention center, jail, prison, labor pool and trade school for heavy equipment/truck
operators. In keeping with the goals of the Urban Center Land Use District, to provide for a walkable
environment, this property shall not be allowed automotive uses, warehousing and distribution uses, nor
uses that require lang-term intensive outdoor storage.
p. Urban Core I..and Use District Regulations. Urban core areas are primarily designeted along major
thoroughfares, or located along the waterfront. Properties designated urban core shall be thoroughly
develaped as mixed-use. The urban core designation shall encourage retail at the street level and allow
commercial and retail on floors two and above.
1. Bullding disposition. See subsection.._1...1..$,...8..5.G.3. Maximum permitted floor area ratio is 18.
2. Building height. See subsection,1.1....8...,.8:6.G.3.
a. Building height shall be a minimum of two stories and a maximum of 18 stories.
b. Stories at sidewalk level shall be na less than 12 feet in height from finished floor to fnished
ceiling. Buildings with the first level for residential use shall be raised from average sidewalk
grade a minimum of two feet.
3. Uses permitted. See subsection...118.8.6.G.3.
a. Use types shall be open residential, ppen office, open retail and open lodging uses. Graund
floor commercial is encouraged on recommended retail frontages.
b. Institutional uses shall be permitted by the planned unit development process.
c. Artisanal uses within the first story and in a contiguous rear yard with a solid masonry wall no
less than eight feet high shall be permitted by the planned unit development process.
4. Parking standards. See subsections.l._1..8.8.6.E and 118.8..6..F.
a. All parking areas shall be located at third layers and masked by a streetwall or liner building.
�. Parking shall be accessed from a rear alley where possible.
c. The required parking may be provided on sites elsewhere within the same pedestrian shed,
or outsid� the pedestrian shed, by warrant.
d. Pedestrian entrances to all parking lots and parking structures shall be directly from a
frontage line. Only underground parking structures may be entered by pedestrians directly
from a building.
e. The vehicular entrance of a parking lot or garage on a frontage shall be no wider than 30
feet.
5. Architectural standards.
a. The exterior finish materials on all facades shall be limited to stone, ceramic tile, glass,
architectural aluminum panels, brick, cast stone or stucca.
b. 6alconies, galleries and arcades may be metal or concrete or shall match abutting wall
material.
c. 6uildings shall have flat or sloped roofs; flat roofs must have parapets.
d. Streetwalls shall be located at the first layer along the building frontage line.
6. Landscape/buffer standards. The first layer shall be landscaped or paved to be not in conflict with
the enfronting streetscape, as depicted in the streetscape plan.
7. Signage standards.
a. A single external sign band may be applied to the facade of each building, providing that
such sign shall not exceed three feet in height by any length.
b. Blade signs, not to exceed four square feet in area for each separate business entrance may
be attached perpendicular to the facade.
c. Signage may be externally or internally lit. Signage within the shop may be neon lit.
8. Bonus density criteria. In urban core, a maximum of 35 additional units per acre may be awarded
pursuant to the bonus density criteria in section.1.1.8:..8,.5., for a total of 7p units per acre, through the
planned unit development process_
E. District Land Use District Regulations.
1. Generally. Areas have been designated District to meet the specialized needs of the community.
Propased development in these areas shall be required to be approved through the planned unit
development process, and use the underlying future land use categories for uses and standards for
development. For purposes of this section, the definition of development is limited to new
cpnstruction and is not intended to limit the ability of parcels to be refurbished or reconstructed in a
manner which brings them more into compliance and which is an improvement.
2. Change from one permitted use to another permitted use IistEd in the Commercial Intensive District
(CI) is allowed with the exception of thpse uses listed below lettered a. through m.
3- Adverse impact uses. Uses which create an adverse impact require approval of a planned unit
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Page 18 of 32
development. For purposes of this section, property designated District located south of �r. Martin
Luther King Jr. Boulevard with an underlying zoning of Commercial Intensive District (CI) shall be
subject to the following modified list of adverse imp�ct uses:
a. Cellular telephone towers.
b. Kennels and animal husbandry.
c. Depots for large-scale storage and distribution.
d. Golf courses and nurseries.
e. Labor pool, halfway houses, and food pantries.
f. Landfills and dumps.
g. Mineral extraction areas.
h. Outdoor storage.
i. Prisons, except as accessories to police stations.
j. Scrap yards fpr the processing and storage of waste materials.
k. Transportation terminals, except bus depots, rail stations, end ferry terminals.
I. Public or private surFace parking lots and public or private parking structures.
m. Parking garages without liner buildings on all A streets (primary grid).
4. Change from one permitted use to another permitted use listed in the Light Industrial District (IL) is
allowed with the exception of those uses listed below lettered a. through i.
5. Property designated District located south of Dr. Martin L.uther King Jr. Boulevard with an
underlying zoning of Light Industrial District (IL) shall be subject to the following modifled list of
adverse impact uses:
a. Depots for large-scale storage and distribution.
b. Golf courses and nurseries.
c. Landfills and dumps.
d. Mineral extraction areas.
e. Prisons, except for accessories to police stations.
f. Scrap yards for the processing and storage of waste materials.
g. Transportation terminals, except bus depots, rail stations, and ferry terminals.
h. Public or private surface parking lots and public or private parking structures.
i. Parking garages without liner buildings on all A streets (primary grid).
Civic Land Use District Regulatidns. Civic areas are to include government owned and wholly publicly
used properties intended to remain in public use and ownership. Properties designated as civic shall be
required to be developed through the planned unit development process. The guidelines for development
are to follpw the adjacent or nearest land use district regulatipns.
Civic-Retreation I..and Use Distrlct Regulations. Areas designated civic-recreation shall be used as
parks, open space, active and passive recreational facilities or activities operated directly or indirectly by
the government. Permitted uses include institutional uses, parks, open space, active and passive
recreational facilities operated directly or indirectly by the government_ Properties designated civic-
recreation shall be developed through the planned unit development process.
Public Parking Structure Overlay. New public parking structures shall only be permitted in areas
designated as public parking structure overlay, see Diagram 7 in section_118_8:1..B., terms and definitions.
Additional public parking structures shall not be constructed at alternative locations until the recammended
structures are at 75 percent occupancy. Retail and other uses consistent with the underlying district shall
be permitted in the public parking structure overlay.
Riverwalk/Public Access.
1. This section shall apply to all new waterfront development or waterfront redevelopment consisting
of real estate improvements which exceed 50 percent of the assessed value af the existing
structure or adds building area in excess of 50 percent of the existing floor area located along the
waterfront within the downtown redevelopment area.
2. All new waterfront development and waterfront redevelopment, as described above, shall be
required to provide a ten-foot riverwalk easement along the rear property line (river's edge) to
preserve public access to and along the river.
3. A ten-foot easement shall be provided along one side yard line extending from the riverwalk
easement to the street of any property where the riverwalk easement is not accessible from an
adjoining street right-vf-way or ather riverwalk easement connecting to an adjoining street right-of-
way. The side yard easement may be vacated by the city when the riverwalk easement becomes
contiguous to an adjoining street right-of-way or ather riverwalk easement connecting to an
adjoining street right-oF-way. Said easements may be restricted to use by the public from one-half
hour before 5unrise to one-half hour after sunset, and shall be in a form acceptable to the city.
4. Within the area designated above far the riverwalk/public access easement, the city shall also
dedicate riverfront access on the following public streets: Cranford Court, Shelton Court, Commerce
Street, Park Street, Fowler Street, Henley Place, Clifford Street, Altamont Street and Virginia
Avenue. 7he public shall gain access to the riverwalk easements by utilizing the aforementioned
public streets.
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Pag� 19 of 32
5. There may be additional requirements, stipulations from settlement agreements, or other binding
agreements between the city and waterFront property owners, not found in this section that are
applicable, binding, and are enforceable by law.
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118.8.6 - Standards and Tables.
q, Building type disposition table. Buildings shall be disposed in relation to the boundaries of their lots
according to this section and„118.,8.:.5. in this article. The precise disposition of the building, density, floor
area ratio, and building coverage shall be according to subsection 118=8,6.G., summary tables.
1. �dge yard. A building that occupies the center of its Iot with setbacks on all sides. This is the least
urban af types as the front yard sets it back from the frantage, while the open side yard weakens
the spatial definition of the enfronting space. The front yard is intended to be visually public and
continuous with the yards of adjacent buildings. The rear yard can be secured for privacy by fences
and a well-placed backbuilding and/or outbuilding.
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2. Slde yard. A building that occupies one side of the lot with the primary open space to the other
side. The visual opening of the side yard on the street frontage causes this building type to appear
freestanding. A shallow front setback defines a more urban condition. If the adjacent building is
similar with a blank party wall on the lot boundary, the yard can be quite private. This type permits
systematic climatic orientation, with the long side yard elevation responding to the sun or the
breeze.
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3. Rear yard. A building that occupies the full front leaving the rear of the lot as a sole yard. This is a
very urban type, as the continuous facade steadily defines the edge of the public space. The rear
elevations may be articulated for functional purposes. In its residential form, this type is represented
as the rowhouse. In its commercial form, the rear yard accommodates substantial parking.
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4. Court yard. A building that occupies the boundaries of its Iot while internally defining one or more
private patios. This is the most urban of types as it is able to shield the private realm from all sides
while strongly defines the public spaces. This type is common in hot climates, but is useful
everywhere. Because of its ability to accommodate incompatible activities in close proximity, it is
recommended for workshops, lodging, and schools. 7he high security provided by the boundary
definition is useful for crime-prone urban cores.
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5. Specialized. A building that is one not subject to typological categorization. Buildings dedicated to
manufacturing and transpoRation, such as factories or airports, are often distorted by the
trajectories of machinery. Civic buildings, which must express the aspirations of institutians, may be
exempt from the discipline of type. Certain communal residential types, such as hospitals and co-
housing, may evolve as specialized types. Such specialized buildings may be permitted in the
district land use district through the planned unit development process.
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B. Frontage table.
1. Front yard. A frontage wherein the facade is set back substantially from the frontage line. The front
yard thus created remains unfenced and is visually continuous in landscaping with adjacent yards
simulating a common rural landscape. Front yards are suitable along higher speed thoroughfares,
as the setback provides a buffer.
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2. Porch and fence. A frontage wherein the facade is set back from the frontage line with an attached
porch encroaching. The porch should be within a conversational distance of the sidewalk. A fence
at the frontage line maintains the demarcation of the yard. Porches shall be no less than eight feet
wide.
3. Dooryard or light court. A frontage wherein the facade is set back from the frontage line by an
elevated garden or terrace, or a fenced, sunken light court. This type buffers residential use from
urban sidewalks, while removing the private yard from public encroachment. The terrace is suitable
for transformation for outdaor dining.
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Page 22 of 32
4, Forecaurt. A frontage wherein a portion of the facade is close to the frontage line while a
substantial portion af it is set back. The forecourt created is suitable for gardens and aff-loading.
This type shpuld be allocated sparingly in conjunction to other frontage types. Trees within the
forecourts may averhang the sidewalks.
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5. Stoop. A frontage wherein the facade is aligned close to the frontage line with the lower story
elevated from the sidewalk sufficient to secure privacy for the windows. The access is usually an
exterior stair. This type is recommended for ground-floor residential uses.
6. Shopfront and awning. A frontage wherein the facade is aligned close to the frontage line with the
building entrance at sidewalk grade. This type is conventional for retail use with a minimum of 70
percent glazing on the sidewalk level for retail locations and an awning placed so as to overlap the
full width of the sidewalk.
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C. Building height table. The vertical extent of a building shall be measured in numbers af staries, not
including a raised basement or an inhabited attic. Building height shall be measured from the average
grade of the enfronting sidewalk. Height limits shall not apply to structures or portions of structures with a
building coverage of less of 240 square feet including towers as masts, belfries, chimneys, water tanks,
elevator shafts, and the like.
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D. Uses permitted table.
Urban General
dential pen Residential: The number of dwellings on
ach lot is limited by the requirement of 1.5
ssigned parking 5paces for each dwelling, a
ratio whiCh may be redueed ac�ording to the
hared Parkin Standards se�tion 118.8.6.F.
__ ........... ......... .
;ing L9mited Lodging: The number of bedrooms
vailable on each lot for lodging is lim9ted by
R. t].'a��.
��e..v �^-i�n:
Urban Core
>r Li°��
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�n Genter & Core
n Residential: The number of dwellings on
i lat is limited by the requirement of 1.0
;ned parking spaces far each dwelling, a
� whith may be reduced according to the
•ed Parkin Standards section 118.$.6.F,
n Lodging: The number of bedrooms
lable an each lat for lodging is limited by
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e requirement of 0.75 assigned parking
�aces for each bedroam, up to eight, in
Idition to the parking requirement for the
velling. Food service may be provided in the
m. The maximum (ength of 5tay shall not
�ceed ten da s.
mited Office: The area available far office
�e an each lot is limited by the requirement 1
�rking spaCe per 350 square feet of gross
�or area, in addition to the parking
�quirement for each dwelHng, if applicable.
iited Retail: The area available for retail is
�ited to the first story of buildings at corner
ations, not more than one per block, and by
� requirement 1 park9ng space per 350
iare feet of �ross flaor area, in �ddition to
! parking requirement for each dwelling.
e specific use shall be further limited to
�k store/news dealer, personal care
Y1C@5, limited neighbarhood market, or
rdware store, nat exceeding 5,000 square
�t of gross floor area, or food service seating
more than 40, or child care services.
nited Artisanal: Uses are appraved through
a Planned Unit Develapment pratess and
iited to 600 square feet within the first
�ry of the an�illary building. 5torage related
the use shall not be placed in the yard.
nstitutional uses shall be permitted uses in
avery land use district. The particulars af
nstitutional use shall be determined on a c
�y-case ba5is throu�h the planned unit
E. Required Parking Table.
Page 24 of 32
requirement of 0.5 assigned parking spaces
eath bedraom, a ratio which may be
uced actarding to Shared Parking Standards
;tion ..1.1..8. 8,.,6. F. ) Faad service may be
vided at all times.
en Office: The area available for office use
each lot is limited by the requirement Qf 1
•king spate per 500 square feet of gross
ar area, a ratio which may be reduced
:ording to Shared Parking Standards (section
3.8.6.F. .
en Retail: The area available for retail use is
�ited by the requirement of 1 park�ng space
• 500 square feet af gross floor area, a ratio
ich may be reduced accarding to Shared
�king Standards (section._1._18.8.6.F.).
mited Artisanal: Uses are approved through
�e Planned Unit Development process. The
'ea available for artisanal use is limited to the
•incipal building and a cantiguous yard to its
�ar �ircumscribed by a solid masonry wall no
ss than ei ht 8 feet hi h,
stitutional uses shall be permitted uses in
rery land use district. The parti�ulars of
stitutionai use shall be determined on a case-
/-case basis through the planned unit
F. Shared parking table. Parking shall be calculated as follows: the sum of the places available for any two
uses is divided by the ratios appearing in the table below to yield the shared parking required.
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*To be determined by planned unit development
*"Excluding meeting facilities.
G. 5ummary tables.
1. Urban general.
Page 25 of 32
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Densitg - Soo Scctian
S:nndard Density rUlar.ttzion Bonus Density Ailocntinn
6 units per acre m:t�imum 12 uni[s per acre mliximum
Lou and Satbacks
Lc::irra Lot Covernge Frant SrLback Side Set6ack Rear Setbn�lt
.�,OQO squnre fee[ �; 15 foot minimum. 0 Izerol min;mum. 5 foo[ rnin:a'taum
minimum �� � mnximum 25 fooL mciximum 30 fno- mr,.umum
Buiideng 7�pQ
EdPe c.�rd Side Y�rd Rear 1'nrd Cuurt Ys�rd
Pe rmi.tr_ d Permit[ed Permir.ed Permin ed
Frontage 7}/po
Commen Yr�d Porch t+� Fence Uoory�rd Forecourt Stoop ShepTront
Perniirted Permined Permitced Permiued T Permitied Permiued
Haight
Princip:rl Building Height Ou:auzldinP Hei�,ht
3 s[ory matiimum 2 s,a.ry mac�num
Fioor Aroa Ratio
:11:i.� FAF2 = _.5
Uaas Pormittcd
Residentiru Uses L+>d�jng Ofiice Retrail%Sen�ices Arti;nn[tl Ins:i.u.:onnl
Upen R�:sidenticil: Limited Ladvin�: Limited 4ftice: Limited Re:nii: Iimited [o Limited Art;snnul: Tnsti_u:iannl:
LimiLed by the ;Vumber of The ;arer� the firsc story of buildings l:ses are appraved Th�nuEh
requircd parlcins;. bedrnom, is c�v;tilrbie for nt rarner locntions, no: thraugh :he pinnned unit
7his rnt:o mr�v be limitcd by the n�ce uses om m�re than 1 per blocic, and pinnned uni� de�-elopment
reduced acc.o:dinp, required pnrking. ench Iot :s b,y rrquired p�rlcinF. L%rae dF�•elopmen[ process.
_n -he Shared tio more th�+n �3 limued to �he limited to bonk score: newrs prote�s 3nd lirn:ced
Yarkinv Standard�;. bedrodms shall be first stnr.V of the dealez, persoruil cnre to 606 squnre feet
Lice1 ��'ark l.lnits ur permisxed. Food principal sen'ices, limited �cichin the fust
F:P�houses are service may be huildin� and Jor neip,hbarhood market: or story of �he
encuurrtg,ed, pruvided an the to the ¢incillrtry hardware s:nre, no: nnri]I-uy buildine.
a.m. h4ri.Y, sta_y buildin�, and by ex�eeding 5,000 squar� feet StornQe rela�ed to
shnl] no: exceed the required of ��u.;s llaor t+re3, ur foud the tise shnli nut be
10 dn}•s. prtrlcin�. servi�e sea-.ing no mr�re pinced in [he y+ard.
than �(�. or child carw
senices.
Urban center.
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Page 27 of 32
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Der�sity
Star.cia_d Uer.sic:-Alloc�tion Rcnuc Lrencit; A1lacnt�iun
?a un::s per ncre mnxirnum �� un::s per acre mc�.ximum.
Lots and $ctLarks
Loc Ar�n Lot Caverr�e ?ront Setback ;sidr .a�[back F�enr ;�atbnck
2,C;1"�.0 squaTe feet m:nimum:
exi3ting lats ofzecord ns c( C fc��: m:nirr.cm. ��oat minisrum,
S�pcember 6, Z�OS. shnll be 1L`0'� mr�.+timu.m SC foo: m�-�im��r: 10 .`oct m.�tiimum C fco:. mi�im•am
ves:ed f�r pu:pase; a` m:nir.:um
lu� size.
Building T!/pe
Edge Ynrd Side:'nrd Recv i':ard C-ourt `'nz9
?rch:6ited Permitted Permicced Persr_itced
Frantaye Typt.
Front Y�rd Porch ti, Fence lioa�•ard Farecou=c Ssaug� �hapfr�.�n:
Prohibiied F'rohibi«d Permicced Pee�itted ?exmitc4d ?ermicc+:�
Heiyht
Princip:U Btai:dir.E Hpioht C�aibuildia� Hezghc
� sxon• minimum: i scor�- m:ivmum: banu. hei�ht determined
�. stoz-�- znctrcimum
�v exce [ian:il archi:ecturnl desi n -
F1norAr'frr Ratia
:����; �,a� = s.0
tlsers Pcrrnitfnd
Residentinl L:ses Ladging O:fice Ret:.::; Servicr, Art=ac+nnl insd�:uti��nn1
(7pen R+sideritivl: Open Lodgina: Th? Open t�f;ice: The Upen Re::i.:: ThP Li:r.ite� Ars3s.anttl- t��e� !ns-s�aliunal:
�he numbfr ef number af aze9 availah:e fcr ore.v avzilaEle fer nre appro:ed through Th_u-agh
dtc•elling anits cn k�edroom5 nv�illble office u�es atl retRil uve is li-nited che. cinns�a� unit p:nr.ned u.nir
ench Sot is li.^_-,ited cr eacY. lax is each Icc is ::mited b}- tre reo-a::ed deve.opment praeess. 9e:•e_cFmenc
by she :equired :.miced b}- eh� k�• ;he re�uu�d p�+rkin�. �c-hith mnL• Tht nren nvtcilab.e fo: pr^,cess.
clrk.ing:'fhis -acia require� pnrkin�. p. ricira�, n•h:ch be :educe3 ncer,rdin� artisnn�l ule is lirn:.eri
me}• be reduced a•hich mar be m9i- be reduc.�d o� the 5tared co che principc�l
nvcarain� co [he red•�ced ncrc�rding rcc�rding xe the Pnrkir,y �[andard:;, k+ui:din� and n
Shared ?grk�nn SD LY1C SP].tire�i Sh�red Pa=k:ng cor.:ivuous }•ard ta its
St�+�d�+rd. Pa�r7cinw S.n�dards. S:�a.hdnr�9.. renr circLmsczibed ��� n
Live/�Var:c LTn�cs cr Fnod srzvice m:vc be solid rr.accnrv ��+-ll na
F7�xhausea .� e prcvided :�.! a?: less ih�vn ei�,ht i.8� fe=t
enca'szae-ed. time�. ��
Urban care.
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ne„S�aN
�LRrifl:iiC{ i7�771:i1S3 1ASSOCRLSDri Ecr.u. �an,i:ti• Allucnticn
3� unite per a.^re maiximum -i7 units per gcre z:.i:im-am
Lots and SetLcx�ks
Let Ar6a Let Gaver�,a,e Fruht Setback Side Set�ac3c �ear Se:bac;oc
1.Q00 souare fee: 1�0=:5 mvx-murr.. �:ect :r.in�mum, 7 fuc[ rr.inimur. ,. .!��t minir_:urn
m.nia:um. 5 cna' mticimu� � f�ot :-:��im•am
B�ei(din,q Type
E9ge Yn:d S:de 1'nrd Re�vr Yazd C'ou-c `.'ar5
?ror':6 ited FP rmittEd Pe rmittea F'ermicced
Fror�inge TJpe
Front Yc�rd Porch & Frnce Door}-�.rd Fcrecourc Scoop Shcpf:ar.:
Frohibited Pr•�hibdted Perzr.i::rd Perrrittefl ?ermitted Permn::ed
Height
Principal Suilding lieighi Outb•a::dis:� Hei�,ht
2 scan• minimum; 18 �.on- mv:imum; bar.u�. heigh; noc app:icnb;e
flecermined bz' exce :iona: archicercural deni�n
Ffoor Arra. Rntio
�.4:�x P'ACi = 1&
ITsr.a Parrnitfcd
Re��identinl L'zrc Lud�,ir.g Of.�ice ke:nil,•'Servicr.s Arcitr.r.nl In,titu2ior.nl
Dp�n Residentinl: Oper. Lod�ing: The Qperi Office: The Ocen Retail: The Lim:.er� A:ei...nnl: Iaiscicuvi.onn:.
i$e numbtr oF number of o!dra�ms c�Tea avalnble fo: a_en Pv::ilnole far l�.e. a:e ttp�p:cved ThrruEh
citirelline unicc en �3�-nilable en �ach Ir,t oFficE use� on ret�:: use i� lima;ea chruugh :hr pl�aned p1:�nneci unit
eqcn lat i�= li�nitrd bc• is limsted bti- che ench lo: is Iimited ��' �h� requi=e� uaic 3ere;e�:nar.: dev�lL�prnenc
:he ceauired cark.ng. reou:red pr+rkir�. �•.• th= required p. rkir.g. :a•Y:ich mn�- proce;.s. Thm n-e� pr�a:es�.
Th:s r�vt:n ma•.- �e u•hic.h mny- be c�arkin�, �.�•hich ke : ed•se�d av..i:ab:e fo� artiaana:
reduced nccasdin� cc reduced n�cord:n� to mat' be reduced , cc�rding co Lhe use :s limited ta :he
:he Shnr�d ?nrkin� the Shazed Faric:n� gccarding co the �h�red park:ng; pzinc.ipnl bw :d.ir.p,
Si:�dards.. :�tanda�fls. Food :ihvred ?�rlting,� �:nnda:d.. :ca n �o�iiiguoul
L::r./��;arit Uni[s ur sen-:ce m�}- be Scandarac�, ti-c+rd :u it� re�r
Fltxhauses are provicied nt �rll tiraaes. circum�rri�ed h�}' �
enr�urng�ed. ca:id mnsor.^� v�c-:�11
nu :eas than es�hc
' feec h: h.
4. Qistrict.
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Page 29 of 32
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Use.s Per•mYtted
Re�identia; U,PS Lv3�ine 4f�ice Recail/Sen:c�. Arci:::�na; C:ivic
All usac tiFithi� ch� 7i�triet c.;tegarr shall be developed threueh the Planned Lait Developmert proce;�. The adjacent l.�nd us�s ec•sl;
deterr;ine the fle�•elo ment stRridasds for district us�s. ':ns.�tutional uscs nte erm�::ed in all discricts
B�eildiieg Dispositiors
Lot Area Lot Coverage Front SetAack Side Seihack Rear Setbaak
Follou a�ijncer.t Fallu:c sdjacers Fe:;o:c afljncenc Folloce� nd�ncc�i ��lla+.v ndjn�Rat
develo menc �cnndards de:•el menl �t�adArds dzwp] r:�en, standnrds dese�o menc scanAardS ��E:Ela ment s,nndnrd�,
Principal Buelding Height Outh�i3ldiug H�ight Bonns Density Allocation 3tandarA Density Apocatiou
Folla�x' :+djctcer�t d�.elopmr.a: Falirrt�• ndj.tGent deveio�ment Follajr tdjncent de�elopmen' Fallu�t' �ttij:a�ent deti�?lopm<r.c
;'�ndards standard� stAndnrds c�tr•.nda: ds
8:�31dirt_q Type.
Ecige ti'�rd Side Yftrd Renr �'.r.rd C'ovrt Ycerd
Vat Apnlicable
Frar�tage Tf/pK
Fzan: Ynrd Forch Rc �ence Aor�rynzd Forecaurt S:cup ShapfranL
I�ut �cplicatle
5. Civic.
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Use.s Per•mrEted
kesiaentia; Vices Ledging Office Rcx�ilJSerr:ce. Aztiaannl Cit�ic
All uses •.4•:tr:n .he C':vac c1:eg;cr`• shall he daa�elrped througn the F1an�ed L"nit Ue.�e4opmer.: pra:e... •]nstirucicr.c�l Lsea nre
ermitted'n nll 6is:ric:v E•: PUD
B�tildii�_q T,ype
Lok Area Lot Caveragr Fronc 3etback Side Sctback Rear Setback
7etermihed ��- ?L'G Li�termined �ti� PL'� L�e:esr:inea b� PU� Gecezmir.eti b�• PLT=7 L:ev�-m:ned t�: PtiL]
Priuripal Build:ng Neight Onthuilding Height Bonas Ueusitq Aflocation Standard Deusity Allocatio»
�ete:mir.ed b�- FUi� Determinfd b}• Pt:D �ete:r.:ine3 bt� FU7 iletermir.e� c�; F:.-L�
B�ci(deng Type
Edge �'a-5 Side Ynrd Aear Yara C'aurc Ycva
\vt :�pplicnb:e
Fra�ifvgc Tgpc
Fran: i"nrd Porch �C rer.ce Doo^:Ard Forecourt S:cop Shopfront
not applita�le
6. Civic—recreation.
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i/ses Pennitfed
Res:flentia: Llce� Lod�:n� Gffice Retc+il; Serv:c�c Axticc+n:i C'ivic �
A:; us?s u•::hin the C'ivic Recreasinri c:�tec�rr shnll cs de-reIc�ed -h_ �ugh the Pl�r.�bd Unit De:•elopmeat prececs. 'lr.sc_c'�:zcn..: usa�
gze ermictea in , ll �9istricts k; PLiL:
9.�iidii�g Type
Lot Are� Lot Cover�ge Front Setback Side 3etback Rear Sstbaek
Jetermihet4 b�• ?(:D L)etermined'o}- PtiU De:er:r.�r.eri b}• F'LID L7ecerrs.ined bc• PUJ ISete:m:ne3 ��: PL:D
Psiueipal BuildiYig Height Dutbnildiwg Height Banna lle�isity fllioratiou Staiidard Dnnsity Allvcatiou
D�te:mir.eri bc• FI.JD Determined b}- PC'Li L'ct�rminad b�" PU� Determir�ed �3� P��r
Buifdereg Type
Edge `,'azu Side Ynrd C�enr Ynrd C�urt Y.zrd
tiot Applirnbie
Froretaye Tgpe
Fran: Ynrd Farch :a Fenre I7ao:-±,•nrd Farecourt
Tat applira6le
7. Parking structure overlay.
S:ouc � Shcpfr��nt
'�'�
Uses Permitted
Re��cientia= LTses Lod�n� Office REL:j�S��Seri":l^M AYi14IIY1�li �'.��'�c
P11 u.t. :�:ithin the undech•in�, la�r�d u5r aistri�4 sY.nll be perzr_itte� p•ars�:�n[ co [ne app:ac�able liiz�d usr. di�s�trict :egulations. ParYing
�tructurea shedl 6e devela ed :hzaa h tht Pl:tr.neri liriit L)evelocment arm<e.ss�
B.�ilding Type
Lot Area Lot Coverage Front.Set6ack Side Set6ack Rear SetAack
>eterm�npd h�; ?tiD Lete:miaed 'c1' PC'� Le:ermired bc• F'U� C%°te=^=iced b�- PUJ Determ:ns3 r�• PL'P
Prinripal Buildiw�g Heigh( Ouebuilding Height Bonns Deusitp A1locatian Staudard Deusity Allocatio�
L`ec�.::r.ir.r.n b�-PU� Determinefl �}• P�;❑ �ecerrr.ir.cri b�- PVJ L7eterminzd b}• P:'L'
BuUdin,q TyPr
E62e 4'nzd Side Y9rd rer3: �'trd C'uu=t �''�=d
tiat A��Lcnb:e
Ff•o��tage T,ype
F: �n: Y:�r� Forch Sc ?er.ce U60^: RYd Fnrecourt S:c�c Shapfron:
Tcc acplicaYk
H. Primary and secondary grids.
1. Primary grid streets that will form a continuous, high quality pedestrian frontage are designated A
streets. Secondary grid streets that will be permitted ta maintain their automotive focus are
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Page 31 of 32
designated B streets. It is the intent of this articl� that properties fronting on A streets shall have a
higher level of regulation than B street properties. See Map A for A stre�ts and B streets.
2. Prlmary GridlA 5treets.
a. Altamont Avenue.
b. Avalon Street.
c. Bay 5treet.
d. Bayside Parkway.
e. Broadway.
f. Central Avenue from Dr. Martin Luther King, Jr. Boulevard to Market Street.
g. Clifford Street.
h.
k.
m.
n.
o.
Cottage Street from Dr. Martin Luther King, Jr. Boulevard to Victoria Avenue.
Cranford Avenue frpm Michigan Avenue to First Street.
Dean Street.
Dr. Martin Luther King, Jr. Boulevard from Heitman Street to Lee Street.
Edison Avenue.
Edwards AvEnue.
First 5treet.
Fourth Street.
p. Fowler 5treet from Second Street to Thompson Street.
q. Hendry Street frpm Caloosahatchee River to Peck Avenue.
r. Henley Plece.
s. Hough Street.
t. Jackson Street.
u. Johnson Street.
v. Lee Street from Caloosahatchee River to Richmond Street.
w. Liberty Street from Broadway to Jackson Street.
x. Main Street.
y. Michigan Avenue.
z. Monroe Street from Dr. Martin Luther King, Jr. Boulevard to Victoria Avenue_
aa. Monroe Street from Edwards Avenue to Second Street.
bb. Patm Avenue fram Michigan Avenue to First Street.
cc. Park Avenue.
dd. Peck Avenue.
ee. Poinsettia Avenue.
ff. Providence Avenue.
gg. Rhode Island Avenue.
hh. Royal Palm Avenue.
ii. 5econd Street.
jj. Third Street.
kk. Thampson Street from Fowler Street to Evans Avenue.
II. Tournament Avenue.
mm. union Street.
nn. Victoria Avenue.
oo. Virginia Avenue.
pp. West First Street.
qq. Wilna Street.
rr. Woodford Avenue.
3. Secondary grid/B Streets.
a. Alicia Street.
b. Cleveland Avenue.
c. Dr. Martin Luther King, Jr_ Boulevard from Cleveland Avenue to Heitman Street.
d. Edisan Bridge noRhbound approach (Park Avenue)_
e. Fowler Street fram Caloosahatchee f2iver to Second Street.
f. Fowler Street from Thompson Street south.
g. Heitman Street from First Street to Dr. Martin Luther King, Jr. Boulevard.
h. Hendry Street from Peck Avenue to Unipn Street.
i. Lee Street from Richmond Street to Dr. Martin Luther King, Jr. Boulevard.
j. Market Street from Central Avenue to Evans Avenue.
k. Monrpe Street from Second Street to Dr. Martin Luther King, Jr. Boulevard.
I. Thompson Street from Lee Street to Fowler Street.
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Page 32 of 32
{C.?r�c,'. No. 34:??: ��1. 1-94-2GOfi i�rc!, Nn. �,.SC�s. § 9, f3-1fi-2Q10)
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1fi.7p.040.1.16. - Transfer of development rights, environmental.
A. Purpose and intent: Transfer of development rights, �nvironmental (TDR, E) for designated
preservation districts is an ecanomic development incentive to preserve environmentally sensitive lands
within our community. The TDR program allows property owners of designated preservation districts to
benefit from the development potential by allawing the sale of the development right.
B. Applicability. A property within a preservation district that is preserved in its natural state and not
developed, altered or improved shall be eligible to transfer density or intensity credits far dwelling units
or FAR as allowed by this section. Transfer of development right$ for designated preservation districts
may only be transferred to abutting land in the same ownership ar to property located within the
Carridor Commercial Suburban-1 district.
C. Application. An application shall include the following information in addition to the information that
the POD may generally require for a planning and zoning decision application:
C�rtified survey;
2. Mean high water survey, if applicable;
3. Site plan showing the geagraphical boundaries and location of the preservation area from
which development is to be transferred.
D. Procedure. The procedure to designate and transfer TDR, E credits shall be as follows:
1. Staff review and recammendation. After the POD has reviewed the application, the POD
shall send a report to the Develapment Review Commission, with a copy to the applicant,
recommending whether the application should be approved, approved with conditions or denied
and the grounds for such recammendation.
2. Commission review. Upon receipt of the recommendation from the POD, the Commission
shall conduct a public hearing on the application and shall approve, approve with conditions or
d�ny the requested TDR, E credits.
a. The Commission may grant TDR, E credits with thE conditian that the applicant
guarantees the preservation of the preservation area in the manner designated by the POD.
Such guarantee shall be by one of the following methods:
(1) Conveying fee simple title to the City, with the approval of the City;
(2) �xecution and recordation of appropriate deed restrictions and covenants running
with the land to provide for the preservation of the land as natural open space, which
may not be amended or released without the cansent of the City;
(3) Execution and recordation of an appropriate easement or easements or a 99-year
lease, with the approval of the City, granting the City the exclusive use of the land for
the purposes consistent with preservation as natural open space, which may not be
amended or released without the consent of the City;
]
c
(4) Convey an interest (i.e., fee simple, lease, easement, etc.) to a county, state ar
federal government or other entity committed to the preservation of the land which
interest and entity must be approved by the City.
Th� qualifying area shall be a designated preservation district.
Transfer of development rights may be approved priar to a receiver site being identified.
d. All documents, including those evidencing all title transfers, covenants, deed
restrictions, easements and leases shall be in a form acceptable to and apprav�d by the City
Attorn�y.
3. /ssuance of development rights certificate. Upon approval by the Commission and
compliance with any requirements, conditions and restrictions that may have been imposed,
development rights certificate indicating the number of units or amount of FAR shall be issued by
the City. Once development rights certificate are issued, the property from which the credits
transferred shall not be develaped.
a. Sal�, transfer or conveyance of development rights credits. An owner af development rights,
who is properly registered as an owner with the City and who wishes to use the credits to transf�r
density or intensity to a parcel of land, shall make an application for such transfer and use of
development rights in accordance with the zoning district and other city ordinances.
The owner of the receiving parc�l must have the approval of a site plan by the Development
Review Commission before density or intensity credits may be used. Evidence of all sales
shall be recorded with the clerk of the Development Review Commission.
E. Calculating the transfer af development right potential. In reviewing the application for credits, the
I'OD shall determine the amount of development potential existing on the site.
1. On-site transfer of density credits. Transfer of density or intensity credits to abutting land
shall be limited to one dwelling unit per acre or up to the square footage available at 0.05 FAR of
the preservation district.
2. Off-site transfer of density credits. An owner of a preservation area may transfer up to ane
dwelling unit per acre of density ar up to the square footage available at 0.05 FAR of the
preservatian district.
F. Standards for review.
1. When density or intensity credits from a pres�rvation district are transferred, the preservation
district may be used to meet open green space r�quirements of the abutting development
pravided that the development is in the same ownership or control and is an integral part of the
development;
2. The density or intensity credit transferable from a preservation district shall not be calculated
from any partion of the preservativn district in a right-of-way or of that area used to meet minimum
lot area requirements. No density or intensity credit shall be transferred from or to any property
where d�velopment is prohibited by state or federal regulations, or where the property is below the
mean high water line, including submerged lands;
3. The density or intensity of any parcel of land to which density or intensity is transferred
(receiving parcel) shall not exceed the maximum density or intensity permitted by the zoning
district of the receiving parcel;
4. If the maximum allowed density or intensity credits are transferred from a parcel, no
additional density or intensity credits shall be transferred from that parcel.
G. Expiration. Development rights ce�tificates da not expire. They may be sold immediately or can be
retained for future sale. Sales of some credits can be made. It is not necessary to sell all rights to one
entity.
H. Record keeping. A registry of development rights certificates shall b� kept by the clerk of the
Development Review Commission.
(Code 1992, § 16.70.04Q.1.16)
16.70.040.1.17. - Transfer af development rights, historic.
A. Purpose and intent. Transfer of development rights, historic (TDR, H) far locally designated
historic structures and sites is an economic development incentive ta preserve historically significant
buildings within our cammunity. The City recognizes that locally significant landmarks �xist on sites
which have potential for larg�r development to occur. For this reason these buildings are under
constant threat of being demolished and replaced with larger structures. The TDR program allows
historic property owners to benefit from the development potential by allowing the sale of the
develapment rights with the conditian that the building or site be restored and retained.
6. Applicability. Transfers of development rights, historic, are allowed from any locally designated
landmark or landmark site as part of an overall plan to preserve the historic resource but may not be
transferred from contributing resources (other than a landmark or landmark site) in a historic district.
TDR, H credits may only be transferred to property located within the DC (downtown center) and CCS
(corridor commercial suburban) districts. TDR, H credits may not be transferred from any government
owned property.
C. Application. An application to establish, or transfer, development rights from a landmark or
landmark site shall includE the information the POD generally requires for a planning and zoning
decision and shall include a current title commitment, ownership and encumbrance report, or other
sufficient evidence, acceptable to the POD, of all persons with a property interest (e.g., mortgagor,
lienhalder, joint owner, etc.) in the prop�rty. If the application involv�s work to a landmark or landmark
site, then an application for a certificate of appropriateness for the work shall be submitted and
processed simultaneausly. The property owner shall provide access ta the site for both an internal and
external inspection by the POD to determine the condition of the property. The establishment and
transfer of TDR, H credits may occur at separate times, but each action shall be required to be
approved following this procedure.
D. Procedure. The procedure to establish and transfer TDR, H credits shall be as follows:
1. After the POD has reviewed the application and completed the inspection, the POD shall
establish an historic preservation plan for the property which shall identify any work that must
occur in order to adequately preserve and rehabilitate the exterior of the landmark or landmark site
which shall be based on the Secretary of the Interior's Standards for Preservation and
Rehabilitation. The plan shall alsa establish a maintenance program for the landmark or landmark
site.
2. The POD shall approve, approve with conditions or deny the requested credits. An historic
preservation plan shall be required for each landmark or landmark site. Each landmark or
landmark site shall be required to complete any restoration or rehabilitation work required by the
plan. The POD may require a release, or other documentation determined to be sufficient by the
POD, from any person with a property interest in the landmark or landmark site.
3. Simultaneous consideration for historic designation. Applications for local historic designation
and TDR, H credits may be processed simultan�ously; however, no TDR, H credits can be
transferred until the property is historically designated.
4. Issuance of TDR, H credits cerkificate. Upon approval by the POD and compliance with any
requirements, canditions and restrictions that may have been imposed, TDR, H credits certificate
indicating the approved number of units or amount of FAR shall be issued by the City. Once TDR,
H credits are established, the landmark or landmark site from which the credits are established
shall not be developed or the structure expanded except as allowed in this section.
5. Sale, transfer or conveyance of development credits. An owner of TDR, H credits wha is
properly registered as an owner with the City and who wishes to use the credits to transfer density
or intensity to a parcel of land shall apply for such transfer and use of develapment rights in
accordance with the zoning district and other city codes, the POD, may require a release, or other
documentation determined to be sufficient by the POD, from any person with a property interest in
the landmark or landmark site. The owner of the receiving site must have the approval of a site
plan for the parcel before credits may be transferred ta the receiving site. Evidence of all sales
shall be recorded with the POD. If the transfer of TDR, H credits is conditioned on work to be
performed on a landmark or landmark site, no development on the receiving site shall receive a
certificate of occupancy (either partial or final) until a certificate of accupancy is issued ar a final
inspection has been approved for the restaration or rehabilitation work required by the plan on the
landmark or landmark site.
E. Calculating the amount of TDR, H credits. In reviewing the application for TDR. H credits, the POD
shall determine the amount of development potential existing on the site.
1. Far a landmark, the amount af transferable floor area will be determined by multiplying the
gross floar area of the structure, by ten (this multiplier shall be twenty for structures constructed
before 1901) or by subtracting the gross floor area of the structure fram the maximum buildable
square faotage, whichever is greater. For the purposes af this section, the term "landmark" shall
only include the existing historically designated building on a property and the term "maximum
buildable square footage, in the DC zoning districts, shall be the base density and shall not
include any bonus FAR. A landmark which has received a certificate of appropriateness for a
partial demolition shall only be eligibl� to transfer density from the remaining portion of the
structure.
2. For a landmark site, the amount of transferable floor area will be determined by taking the
gross square footage of the landmark site and multiplying that square footage by five. For the
purposes of this s�ction, the term landmark site shall only include those historically designated
properties which do not have a landmark building (i.e., a cemetery, archaeological site, etc. and
which shall include such things as a memorial garden which have historically been a part of the
landmark site) and shall not include hexagon block sidewalk preservation areas.
F, Protective covenant, releases and other requirements.
1. At the time of transfer, the awner shall execute and record a declaration af covenants and
restrictions, or a similar instrument acceptable and approved by the City Attorney, that:
a. Restricts the development potential to the size of the landmark or landmark site and any
development rights not established or transferred; and
b. Runs with the land, binding the property owner and all future owners.
2. Financial support shall be made to the City's historic preservation grant program in the
amount of $0.50 for each square foat of development cr�dit transferred. The cost of any required
restoration or rehabilitation work that has been campleted shall be credited as part of the financial
support for the City's historic preservation grant program.
3. The owner shall apply for a certificate of approp�iateness for any restaration or rehabilitation
work identified by the POD and shall obtain all required permits for such work within 90 days from
the date that the TDR, H credits are transferred.
4. If the landmark is removed, any new development on the property may anly be constructed
up to the size of the landmark and any TDR, H credits not transferred.
5. If the allowable density or intensity of the site increases (e.g., change in zoning or
development rights established by od�), any additional development rights may be used on site, or
additional TDR, H credits may be created by applying as provided in this section.
G. Expiration and cancellation. TDR, H credit certificates do not expire and may be sold immediately
or retained for future sale. Sales of some credits are allowed and owners are not required to sell all
rights to one entity. Unused TDR, H credits may be cancelled and the development rights return�d to
the landmark or landmark site by follawing the procedures for the establishment of the credits.
H. Failure to comply. Failure to comply with the restoration ar rehabilitation work ar the maint�nance
program for the landmark or landmark site which is required by the historic preservatian plan shall be a
violation of this section.
I. Appeals. Decisions af the POD may be appealed ta the Community Preservation Commission and
decisions of the Community Preservation Commission may be appealed to the City Council.
J. Record keeping. A registry of TDR, H credit certificates shall be kept by the POD.
(Code 1992, § 16.70.040.1.17; Ord. Na. 876-G, § 30, 2-21-2008; Ord. No. 959-G, § 1, 12-3-2009)
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