TA2011-10002; ORD 8306-11 r
CDB Meeting: November 15. 2011
Case number: TA2011-10002
Ordinance Number: 8306- 11
Agenda Item: E.1.
Planner: Lon� Ran�e Plannin� Mana�er
Lauren Matzke
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CDB Meeting Date: November 15 2011
Case Number: TA2011-10002
Ordinance Number: 8306-11
Agenda Item: E.1.
CITY OF CLEARWATER
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
TEXT AMENDMENT
REQUEST: Amendments to the Community Development Code —
Ordinance No. 8306-ll
INITIATED BY: City Attorney's Office
BACKGROUND:
Florida Statutes Section 509233, the "Dixie Cup Clary Local Control Act", allows local
governments to authorize the presence of patrons' dogs in outdoor areas of state-licensed
public food service establishments as exemptions to the Food and Drug Administration
Food Code. In order to implement this concept, local governments must adopt an
ordinance providing for local permitting of the establishments, application procedures,
regulations, and permit expiration. There is also a requirement that a system for the
handling of complaints be established. The local jurisdiction must provide copies of
applications, permits, and complaint handling documentation to the state.
Within the City of Clearwater, the ordinance would apply to outdoor areas of restaurants
located on private property and to outdoor cafe areas of existing restaurants. Outdoor
cafes located in public rights-of-way are permitted in certain Zoning Districts pursuant to
Community Development Code Section 3-909.
ANALYSIS:
Proposed Ordinance No. 8306-12 includes the following amendments:
1. Creates Article 3, Division 25, Dog-Friendly Restaurants, Sections 3-2501
through 3-2506. These Sections provide for purpose and authority, applicability,
and application requirements. Further, they establish regulations for permitted
establishments regarding hand washing and sanitizing, instruction of employees
and patrons, leashing and control of dogs, location of dogs, cleanup of accidents,
and posting of signage. Additionally, dogs shall not be permitted to travel
Community Development Board—November 15,2011
TA2011-10002—Pa�e 1
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through indoor or nondesignated outdoor portions of the establishment and
separate ingress and egress to designated areas is required. Permits will expire
annually on September 30. A complaint reporting and resolution procedure is
established along with state reporting provisions.
2. Adds Permit Fee: Appendix A, Section VIII(1) is amended to add Subsection (m),
providing for a$75.00 permit fee for pog-Friendly Restaurant Permits.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code Section 4-601 specifies the procedures and criteria for
reviewing text amendments. All text amendments must comply with the following.
l. The proposed amendment is consistent with and furthers the goals, policies,
objectives of the Comprehensive Plan.
The Comprehensive Plan provides in part as follows:
Objective A.6.8 Identify those areas of the City that are appropriate for
redevelopment as livable communities and require that specific
sustainable elements be used in the redevelopment of these areas.
Policy A.6.8.1. Build active, attractive communities that are designed at a human
scale and encourage walking,cycling and use of mass transit_
Policy A.6.�.7. Create mixed-use, higiler densiiy, iivabie communiiies inrougn
design, layout and use of walkability techniques within existing and
proposed transit comdors....
Policy A.6.8.8. Design and construct pedestrian-oriented streets to include
continuous tree-lined sidewalks buffered from traffic by on-street
parking and/ar landscaping and that include pedestrian amenities....
Policy A.6.8.9. Promote a variety of transportation modes such as walking,
bicycling, ride sharing and mass transit to increase transportation
choices and decrease dependence on the single-occupancy
automobile.
2. The proposed amendments further the purposes of the Community Development
Code and other City ordinances and actions designed to implement the Plan.
Section 1-103E. provides that it is the purpose, inter alia, of the Community Development
Code to: protect the character and the social and economic stability of all parts of the city
through the establishment of reasonable standards which encourage the orderly and
beneficial development of land within the city [Subsection 2.]; provide the most
Community Development Board—November 1 S,2011
TA2011-10002—Page 2
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beneficial relationship between the uses of land and buildings and the circulation of
traffic throughout the city, with particular regazd for safe and efficient vehicular and
pedestrian traffic movement [Subsection 4.]; and coordinate the provisions of this
Development Code with corollary provisions._.designed to establish an integrated and
complete regulatory framework for the use of land and water within the city [Subsection
12.]
SUMMARY AND RECOMMENDATION:
The proposed amendments to the Community Development Code are consistent with and
wi1] further the goals of the Clearwater Comprehensive Plan and the purposes of the
Community Development Code. Based upon the above, the Planning Department
recommends APPROVAL of Ordinance No. 8306-11 that amends the Community
Development Code.
Prepared by Planning and Legal Department Staff:
. �� , �
Leslie K. Dougall-S d s, Assistant City
Attorney
ATTACHMENT:
❑ Ordinance No.8306-I 1
Communiry Development Board—November 15,2011
TA2011-10�02—Page 3
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ORDINANCE NO. 8306-11
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
MAKING AMENDMENTS TO THE COMMUNiTY DEVELOPMENT
CODE �RELATING TO LAND USE; AMENDING ARTICLE 3,
DEVELOPMENT STANDARDS; ADOPTING DIVISION 25,
SECTIONS 3-2501 THROUGH 3-2506, PROVIDING FOR PUBLIG
FOOD SERVICE ESTABLISHMENTS WITH A PERMIT TO
ALLOW PATRONS' DOGS ON THE PREMISES IN DESIGNATED
OUTDOOR SEATING AREAS, PROVIDING PURPOSE AND
AUTHORITY, PROVIDING DEFINITIONS, PROV�DING FOR
APPLICAT(ON REQUIREMENTS, PROVIDING FOR
REGULATIONS, PROVIDING FOR PERMIT EXPIRATION AND
REVOCATION, AND PROVIDING PROCEDURES FOR
REPORTING AND RESOLVING COMPLAINTS AND FOR
REPORTING iNFORMATION TO THE STATE OF FLORIDA;
AMENDING APPENDIX A, SECTION VIII, LAND DEVELOPMENT,
TO ADD A PERMIT FEE FOR DOG-FRiENDLY RESTAURANTS
AND OUTDOOR CAFES; CERTIFYING CONSISTENCY WITH THE
CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater adopted a new Community Development
Code on January 21, 1999 which was effective on March 8, 1999, and
WHEREAS, said C;ode provides requirements for restaurant ana sidewaiic cafe
use; and
VNHEREAS, The Dixie Cup Clary Local Control Act, Florida Statutes Section
509.233, grants the City the authority to provide exemptions to certain provisions of the
Food and Drug Administration Food Code, as currently adopted, in order to allow
patrons' dogs within certain designated outdoor portions of public food service
establishments; and
WHEREAS, it is desirable to allow patrons and their dogs to be present within
certain designated outdoor portions of public food service establishments, which have
received permits; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 3, Community Development Code, is amended to add Division
25 to read as follows:
Ordinance No. 8306-12
t
DIVISION 25. DOG-FRIENDLY RESTAURANTS
Section 3-2501. Purpose and Authority.
The purpose of this division is to aliow patrons' dogs within certain designated
outdoor portions of public food service estabiishments, with permits, in a manner
consistent with The Dixie Cup Ciary Local Controi Act, F.S. § 509.233. Said Act grants
the City the authority to provide exceptions from section 6-501.115, 2001 FDA Food
Code, as adopted and incorporated by the Division of Hotels and Restaurants in
Chapter 61 C-4.010(6), as amended from time to time, which prohibits the presence of
live animals in public food establishments.
Section 3-2502. Definitions.
The term "public food service establishment" as used in this division means a
restaurant and/or outdoor cafe, as defined in Section 8-102, which is also licensed as
such an establishment pursuant to Florida Statutes Chapter 509, Part I. The term
"employee" or "employees" as used in this division includes, but is not limited to, the
owner or owners of a public food service establishment. The term "dog friendly
restaurant or outdoor cafe" as used in this land development code means a public food
service establishment which has received a permit under this division.
Section 3-2503. Application Requirements.
Public food service establishments must apply for and receive a permit from the
City of Clearwater Community Development Coordinator or his/her designee, before
patrons' dogs are allowed on the premises. A fee to cover the cost of processing the
initial application and renewals shall be charged to the applicant applying for the permit
in accordance with Appendix A, Section VIII(1)(m) of this code. The application for a
permit shall require such information from the applicant as is deemed reasonably
necessary to enforce the provisions of this division, but shall require, at a minimum, the
following information:
1) The name, location, mailing address, and Florida Department of Business
and Professional Regulation, Division of Hotels and Restaurants-issued
license number of the public food service establishment.
2) The name, mailing address, and telephone contact information of the permit
applicant.
3) A diagram and description of the outdoor area to be designated as available
to patrons' dogs, including: dimensions of the designated area; a depiction of
the number and placement of tables, chairs, and restaurant equipment, if any;
the entryways and exits to the designated outdoor area; the boundaries of the
designated area and of other areas of outdoor dining not available for patrons'
dogs; any fences or other barriers; surrounding property lines and public
2 Ordinance No. 8306-11
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rights-of-way, including sidewalks and common pathways; and such other
information reasonably required by the permitting authority. The diagram or
plan shall be accurate and to scale but need not be prepared by a licensed
design professional.
4) A description of the days of the week and hours of operation that patrons'
dogs will be permitted in the designated outdoor area.
Section 3-2504. Regulations.
Public food service establishments that receive a permit to allow dogs in
designated outdoor areas pursuant to this division shall require that:
1) All public food service establishment employees shall wash their hands
promptly after touching, petting, or otherwise handling dogs. Employees shall
be prohibited from touching, petting, or otherwise handling dogs while serving
food or beverages or handling tableware or before entering other parts of the
public service establishment.
2) Patrons in a designated outdoor area shall be advised that they should wash
their hands before eating. Water-less hand sanitizer shall be provided at all
tables in the designated outdoor area.
3) Employees and patrons shall be instructed that they shall not allow dogs to
come into contact with serving dishes, utensils, tableware, linens, paper
products, or any other item involved in food service operations.
4) Patrons shall keep their dogs on a leash at all times and shall keep their dogs
under reasonable control.
51 Doas shalt not be allowed on chairs, tables, or other furnishings.
6) All table and chair surfaces shall be cleaned and sanitized with an approved
product between seating of patrons. Spilled food and drink shall be removed
from the floor or ground between seating of patrons.
7) Accidents involving dog waste shall be cleaned immediately and the area
sanitized with an approved product. A kit with the appropriate materials for
this purpose shall be kept near the designated outdoor area.
8) A sign or signs reminding employees of the applicable rules shall be posted
on premises in a conspicuous manner and place frequented by employees
within the public food service establishment.
9) A sign or signs reminding patrons of the applicable rules shall be posted on
premises in a conspicuous manner and placed within the designated outdoor
portion of the public food service establishment.
10) A sign or signs placing the public on notice that the designated outdoor area
is currently available for the use of patrons and patrons' dogs shall be posted
in a conspicuous manner near the entrance to the designated outdoor portion
of the public food service establishment.
11)Dogs shall not be permitted to travel through indoor or nondesignated outdoor
portions of the public food service establishment, and ingress and egress to
the designated outdoor portions of the public food service establishment must
3 Ordinance No. 8306-11
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not require entrance into or passage through any indoor area of the food
establishment.
Section 3-2505. Permit Expiration and Revocation.
A. A permit issued pursuant to this division shall not be transferred to a
subsequent owner upon the sale of a public food service establishment but
shall expire automatically upon the sale of the establishment. The
subsequent owner shall be required to reapply for a permit pursuant to this
section if the subsequent owner wishes to continue to accommodate patrons'
dogs.
B. Permits shall expire on September 30 of each year.
C. A permit may be revoked by the City Community Development Coordinator or
his/her designee if, after notice and reasonable time in which the grounds for
revocation may be corrected, the public food establishment fails to comply
with any condition of approval, fails to comply with the approved diagram, or
is found to be in violation of any provision of this division.
D. If a public food service establishment's permit is revoked, no new permit may
be approved for the establishment until the expiration of one hundred and
eighty (180) days following the date of revocation.
Section 3-2506. Complaints and Reporting.
A. Complaints may be made in writing to the Community Development
Coordinator. The Community Development Coordinator or his/her designee
shall accept, document, and respond to all written complaints and shall report
to the Florida Department of Business and Professional Regulation, Division
of Hotels and Restaurants all complaints and the response to such
complaints.
B. The Community Development Coordinator or his/her designee shall provide
the Florida Department of Business and Professional Regulation, Division of
Hotels and Restaurants with a copy of all approved applications and permits
issued.
C. All applications, permits and other related materials shall contain the Florida
Department of Business and Professional Regulation, Division of Hotels and
Restaurants-issued license number for the public food service establishment.
Section 2. Appendix A, VIII Land Development, (1) Level One, Community
Development Code, is hereby amended to add subsection (m), to read as follows:
;,;,) Doq-friendl� restaurant or outdoor cafe
ermit................................................................................75.00.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently
amended) are hereby adopted to read as set forth in this Ordinance.
4 Ordinance No. 8306-11
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Section 4. The City of Ciearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a
court of competent jurisdiction to be invalid, the same shall not affect the validity of the
Ordinance as a whole, or any part thereof other than the part declared to be invatid_
Section 6. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Frank V. Hibbard
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
5 Ordinance No. 8306-11
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Resume
Lauren Matzke,AICP
100 South Myrtle Avenue
Clearwater,FL 33756
727-562-4547
lau ren.matzken,myclearwate r.com
PROFESSIONAL EXPERIENCE
• Long Range Planning Manager December 2011 to present
• Planner III,Long Range Division October 2008 to December 2011
• Planner II,Long Range Division September 2008 to October 2008
City of Clearwater, FL
Responsible for numerous aspects of the Growth Management Act of Florida such as comprehensive
planning, Future Land Use Plan amendments, rezonings, and annexations. Update Community
Development Codes by Ordinance. Prepare staff reports for the City Council and Community
Development Board. Responsible for providing informational assistance to the public and developers
concerning development plans. Coordinate and manage various projects. Serve as the ciTy's
representative on countywide and regional planning agency committees.
� Senior Planner February 2007 to September 2008
City of St. Pete Beach, FL
Implemented new legislative directives for Florida's growth management laws related to
governments' comprehensive planning and land development regulations. Served as staff to the City
Commission, Planning Board and Historic Preservation Board. Administered the land development
regulations, processed future land use plan amendments and rezonings. Responsible for the
preparation of special area plans.
• Environmental Specialist III August 2005 to February 2007
Florida Department of Environmental Protection, Tallahassee, FL
Served as primary reviewer of local government comprehensive plan amendments, sector plans and
evaluation and appraisal reports for the northwest region of Florida. Provided comments and
recommendations to the Florida Department of Community Affairs. Drafted policies and
comprehensive plan language regarding natural resource protection, assisting local government
representatives.
EDUCATION
Master's Degree in Urban and Regional Planning,Florida State University, 2006
Bachelor of Science in Design and Environmental Analysis, concentration in Gerontology, Cornell
University, 1998
LICENSES AND ASSOCIATION MEMBERSHIPS
American Institute of Certified Planners(2009 to Present)
American Planning Association(2003 to Present)
Florida Chapter(2005 to Present)
New York Metro Chapter(2003 to 2005)
Florida Planning and Zoning Association (2009 to Present)