8311-12ORDINANCE NO. 8311-12
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE; BY
AMENDING ARTICLE 2, ZONING DISTRICTS, BY ADDING SCHOOLS
TO CHART 2-100 PERMITTED USES IN THE COMMERCIAL
DISTRICT; BY AMENDING TABLES 2-703 AND 2-704 AND SECTIONS
2-703.Q AND 2-704.Q, BY ADDING FLEXIBILITY CRITERIA RELATING
TO SCHOOLS IN THE COMMERCIAL DISTRICT; BY AMENDING
ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION,
SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITION OF
SCHOOLS TO PROVIDE CONSISTENCY WITH STATE REGULATIONS
REGARDING CHARTER SCHOOLS; CERTIFYING CONSISTENCY
WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER
ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Florida Statutes 1002.33 recognizes all charter schools in Florida as public
schoois; and
WHEREAS, it is desirable to allow schools in the Commercial zoning district and to set
forth criteria for said schools; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. That Article 2, Zoning Districts, CHART 2-100 Permitted Uses, of the
Community Development Code, be, and the same is hereby amended to read as follows:
Ordinance No. 8311-12
Comprehensive infill
redevelo ment ro'ect CIRP X X X X X X X
Con re ate care X X X X
Convention center X
Educational facilities X X X X
Governmental uses X X X X X X
Haliwa houses X
Hos itals x
Indoor recreation/entertainment X X X X
Li ht assembl X
Manufacturin x
Marinas x
Marinas and marina facilities X X X X
Medical clinic X X X X
Mixed use X X X X
Ni htclubs, taverns and bars X X X X
Non-residential off-street arkin X X X X
Nursin homes X X X X
O�ces X X X X X X
Off-street arkin X X
O en s ace X
Outdoor recreationlentertainment X X X X
Outdoor retail sales, display and/or
tora e X X
Overni ht accommodations X X X X X X X X
Parkin ara es and lots X X X X X X
Parks and recreation facilities X X X X X X X X X X X X
Places of worshi X X X X
Problematic uses X
Public facilit X X
Publishin and rintin X
Public trans ortation facilities X X X X X X X
Research and technolo use X
Residential shefters X X X
Resort Attached Dwellin s X
Restaurants X X X X X X
Retail sales and services X X X X X X X X
RV arks X
Safva e ards X
Schools X X X X X X X X
Self-stora e warehouse X X
Sociai and communi centers X X X X
Social/ ublic service a encies X X X X
elecommunications towers X X X X X
/radio studios X X
Ordinance No. 8311-12
Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-703, Table 2-703 and Section 2-703.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
Section 2-703. - Flexible standard development.
The following uses are Level One permitted uses in the "C" District subject to the
;tandards and criteria set out in this Section and other a licable rovisions of Article 3.
Table 2-703. "C" District Flexible Standard Development Standards
Max. Min.
Min. LotArea Min. Lot Height Front Min. Side Min. Rear Min. Off-Street
Use (sg. ft.) Width (ft.) (ft.) �.) * (ft.) (ft.) Parking Spaces
Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit
Adult Uses 5,000 50 25 25 10 20 5 per 1,000
GFA
Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,0�0
GFA
Automobile Service Stations ]0,000 100 25 25 10 20 5/1,000 SF
GFA
Educational Facilities 40,000 200 25 25 10 20 1 per 2 students
Governmental Uses(1) 10,000 100 25-50 25 10 20 4 spaces per
1,000 GFA
Indoor Recreation/Entertainment 5,000-10,000 5�100 25 25 10 20 3-5/1000 SF
GFA or 3—
5/lane, 1—
2/court or
1/machine
Medical Clinics 10,000 ]00 25 25 10 20 2-3/1,000
GFA
Nightclubs 10,000 100 25 25 10 20 10 per 1,000
GFA
Offices 5,000-10,000 50—]00 25-50 25 0-10 10-20 3-4 spaces
per 1,000
GFA>
Off-Street Parking 10,000 100 n/a 25 10 20 n/a
Outdoor Retail Sales, Display and/or 20,000 100 25 25 10 20 5 per 1,000 SF
3 Ordinance No. 8311-12
Storage of outdoor
display area
Overnight Accommodations 20,00�– 150-200 25-50 25 0-10 10-20 1 per unit
40,000
Places of Worship(2) 20,000— 100-200 25-50 25 10 20 .5-1 per 2 seats
40,000
Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a
Restaurants 5,000—] 0,000 50-100 25--35 25 0-10 14-20 7-15 spaces
per 1,000 GFA
Retail Sales and Services 5,000-10,000 5�100 25-35 25 0-10 10-20 4-5 spaces per
1,000 GFA
Schools 40.000 200 25 25 0-]0 10-20 1 per 3 students
Social and Community Centers 3,500-10,000 35-100 25-35 25 0-10 1�20 4-5 spaces per
1,000 GFA
Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a
Vehicle Sales/Displays 20,00� 150-200 25 25 10 20 2.5 spaces per
40,000 1,000 of lot
sales azea
Veterinary Offices or Animal 10,000 100 25 25 10 20 4 spaces per
Grooming and Boarding 1,000 GFA
***�******
Flexibility criteria:
***********
.
Q. Schoo/s.
1. The parcel proposed for development fronts on a maior arterial street;
2. All off-street parkinq is located at least 200 feet from anv praperty
desiqnated as residential in the Zoninq Atlas;
3. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of anv buildinq by emergencv vehicles;
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved desiqn and appearance;
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise required:
4. Compatibilitv: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain aduft uses, alcohol
beveraqe sales (package), nightcfubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses,
alcohol beveraqe sales (packaqe), niclhtclubs or problematic uses;
5. All outdoor liqhtinq is desiqned and located so that no liqht falls directly on
a qarcel of land which is desiqnated as residential in the Z�ninq Atlas, to
avoid a nuisance or qlare to the residential parcels:
6. A drop-off area shall be provided that can accommodate a vehicle
stackinq area adequate to meet the demand, based on the number of
Ordinance No. 8311-12
students, the qrade levels. and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adiacent
to a sidewaik or landina area which connects to the main entrance of the
school:
7. A circulation plan shall be submitted bv the applicant that demonstrates
how students will access the site from adiacent roadwavs and once on
site, ensures a safe flow of traffic that does not create conflicts befinreen
student drop-off area, potential van and bus drop-off area, parkinq1
access drivewav, pedestrian and bicycle paths on the site.
R. Socia/ and communitvi centers.
,�*********
Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C),
Section 2-704, Table 2-704 and Section 2-704.Q, of the Community Development Code, is
hereby amended by adding subsection Q, Schools, and relettering the subsequent subsections
as appropriate:
Section 2-704. - Flexible development
The following uses are Level Two permitted uses in the "C" District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Table 2-704. "C" District Flexible Development Standards
Use Min. Lot Max. Min.
Min. Lot Area Width Height Front Min. Side Min. Rear Min. Off-Street
(sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Parking
Alcoholic Beverage Sales 5,00�10,000 5�100 25 15-25 0-10 10-20 5 per 1,000 GFA
Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by the
Redevelopment Project community
development
coordinator based
on the specific use
and/or ITE
Manual standards
Indoor Recreation/Entertainment 3,500-10,000 30-100 25-50 15-25 0-10 1a-20 3-5/1000 SF
� GFA or 3-5/lane,
1-2/court or
1/machine
Light Assembly 5,000-10,000 50-100 25 15-25 0-10 14-20 4-5 spaces per
1,000 GFA
Limited Vehicle Service 5,000-10,000 5�100 25 15-25 0-10 1�-20 4-5 spaces per
1,000 GFA
Marinas and Marina Facilities 5,000-20,000 50 2� 2� 10 20 1 space per 2 slips
Mixed Use 5,00�10,000 5�100 25-50 15—ZS 0-10 1�20 4-5 spaces per
I,000 GFA and 2
spaces per
residential unit
Nightclubs 5,000-10,000 50-100 25 15-25 �10 1�20 10 per 1,000 GFA
Offices 3,500-10,000 3�100 25-50 15-25 0-10 1�20 3-4 spaces per
5 Ordinance No. 8311-12
I,000 GFA
Off-Street Parking 10,000 100 n/a 15-25 0-10 1�-20 n/a
Outdoor Recreation/Entertainment 20,000 100 25 15-25 10 10-20 1—] 0 per 1,000
SQ FT of land
area or as
determined by the
community
development
coordinator based
on IT'E Manual
standazds
Overnight Accommodations 20,00(� 10�-200 25-50 15-25 0-10 1 U-20 1 per unit
40,000
Problematic Uses 5,000 50 25 15-25 10 10-20 5 spaces per 1,000
SF GFA
Restaurants 3,500-10,000 35-100 25-50 15-25 0-10 10-20 7-15 spaces per
1,000 GFA
Retail Sales and Services 3,50�10,000 3�100 25-50 I 5-25 0-10 10-20 4-5 spaces per
1,000 GFA
RV Parks 4Q000 200 25 15-25 20 1�20 l space per RV
space
Schools 30,000-40,000 100-200 25-50 15-25 0-10 10-20 1 per 3 students
Self Storage 20,000 100 25 15-25 10 1�20 1 per 20 units plus
2 for manager's
office
Social/Public Service Agencies(I) 5,00�10,000 50-100 25-50 15-25 0-10 1�20 3� spaces per
1,000 GFA
Telecommunication Towers 10,000 100 Refer to 25 10 20 n/a
section 3-
2001
Vehicle Sales/Displays 10,004— 100-200 25 15-25 10 ]0-20 2.5 spaces per
40,000 1,000 SQ FT of
lot area
Veterinary Offices or Grooming 5,000-10,000 50-100 25 IS-25 0-10 1�20 4 spaces per 1,000
and Boarding GFA
Flexibility criteria:
.
�**********
***********
Schools.
1. The parcel proposed for development fronts on a maior arterial street;
2. All off-street parkinq is located at least 200 feet from anv propertv
desiqnated as residential in the Zoninq Atlas;
3. Lot area and/or lot width: The reduction shall not result in a buildinq which
is out of scale with existinq buildinqs in the immediate vicinitv:
4. Height.
Ordinance No. 8311-12
a. The increased height results in an improved site plan landscapinq
area in excess of the reauired minimum and/or improved design
and appearance:
b. The increased heictht will not materiallv reduce the vertical
component of view from a parcel of land which is desiqnated as
low densitv residential in the Zoninq Atlas:
5. Front setback: The reduction in front setback results in an improved site
plan or improved design and appearance;
6. Side and rear setback.
a. The reduction in side and rear setback does not prevent access to
the rear of anv building bv emergencv vehicles:
b. The reduction in side and rear setback results in an improved site
plan, more efficient parking or improved design and appearance�
c. The reduction in side and rear setback does not reduce the
amount of landscaped area otherwise reauired;
7. Compatibilitv: The parcel proposed for development, if located within a
parcel with multiple tenants, does not contain adult uses, alcohol
beveraqe sales (package), niqhtclubs or problematic uses, and is not
located within 500 feet of a parcel of land used for purposes of adult uses.
alcohol beveraae sales (packacae), niahtclubs or problematic uses:
8. All outdoor liqhtina is desictned and located so that no liaht falls directiv on
a parcel of land which is desiqnated as residential in the Zonina Atlas, to
avoid a nuisance or qlare to the residential parcels;
9. A drop-off area shall be provided that can accommodate a vehicle
stacking area adequate to meet the demand, based on the number of
students, the qrade levels, and the estimated number of students who
can walk or ride the bus to the school. The drop-off area shall be adjacent
to a sidewalk or landina area which connects to the main entrance of the
school:
10. A circulation plan shall be submitted by the applicant that demonstrates
how students will access the site from adjacent roadways and once on
site, ensures a safe flow of traffic that does not create conflicts befinreen
student drop-off area, potential van and bus drop-off area, parkinq,
access drivewav, pedestrian and bicycle paths on the site.
R. Se/f storaqe.
***********
Section 4. That Article 8, Definitions and Rules of Constructions, Division 2,
Definitions, of the Gommunity Development Code, is hereby amended as follows:
Section 8-102. Definitions.
***********
School means an elementary, middle, or high school, and exceptional learning center
and also includes charter schools approved bv the Pinellas County School Board
pursuant to 1002.33 Florida Statutes.
***********
Ordinance No. 8311-12
Section 5. Amendments to the Community Development Code, of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 6. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 7. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 9. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
.-
Leslie K. Doug ides
Assistant City ney
�'�'
February 16, 2012
March 1, 2012
— q ��te � c�Q�.koS
George N. Cretekos
Mayor
Attest:
Rosemarie Call
City Clerk
ry�
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Ordinance No. 8311-12
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