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08/16/2012 City Council Agenda Location: Council Chambers - City Hall Date: 8/16/2012- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1No item Attachments 5. Approval of Minutes 5.1Approve the minutes of the August 2, 2012 City Council Meeting as submitted in written summation by the City Clerk. Attachments 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7. Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1Approve amendments to the Clearwater Comprehensive Plan removing provisions and maps associated with implementing school concurrency, amending certain provisions of the Capital Improvements Element for consistency with Florida State Statutes and updating Map A-3 Future Land Use: 2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area (Including Coastal High Hazard Area), and pass Ordinance 8334-12 on first reading. (CPA2012-04001) Attachments 7.2Approve amendments to the Community Development Code addressing the general provisions of the Code, docks, fences and walls, tree removal permits, temporary uses, Level One (minimum development standards) approvals, and definitions and pass Ordinance 8349-12 on first reading. Attachments 7.3Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the south ™ of the southeast ˜ of the northwest ˜ of the northwest ˜ of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8352-12, 8353-12 and 8354-12 on first reading. (ANX2012-05004) Attachments 8. Second Readings - Public Hearing 8.1Adopt Ordinance 8343-12 on second reading, relating to signs; amending Section 102 of Article 8, Definitions and Rules of Construction of the Community Development Code; Repealing Division 18 of Article 3, Development Standards, of the Community Development Code and adopting a new Division 18, Signs, of Article 3, Development Standards, of the Community Development Code. Attachments City Manager Reports 9. Consent Agenda 9.1Approve a Joint Project Agreement with Pasco County to install natural gas mains, by roadway contractor, along Ridge Road (CR 524) from Broad Street to Moon Lake/Decubellis Road, as part of a roadway improvement project at an estimated cost of $448,313.25, and authorize the appropriate officials to execute same. (consent) Attachments 9.2Approve Change Order 1 to Layne Inliner, LLC (Reynolds Inliner), in the amount of $400,000.00 for sanitary sewer line cleaning and inspection at various locations throughout the City of Clearwater for a new contract total of $1,200,000.00; and authorize the appropriate officials to execute same. (consent) Attachments 9.3Authorize the City Attorney to allocate up to an additional $50,000.00 for defense of Szlechta v. City and Rudman v. City through trial. (consent) Attachments 9.4Authorize the City Attorney to hire Thompson, Sizemore, Gonzalez and Hearing to represent the City in the case of John Klinefelter et. al v. City of Clearwater for the total estimated amount of $50,000.00. (consent) Attachments 9.5Authorize the City Attorney to utilize the legal services of Bob Reid, Esq. in connection with the Operating and Use Agreement being negotiated for the Capitol Theater in an amount not to exceed $20,000. Attachments 10. Other Items on City Manager Reports 10.1Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. Attachments Miscellaneous Reports and Items 11. City Manager Verbal Reports 11.1Declare City-owned property at 401 Cleveland Street (Property) as needed for municipal purposes other than the purpose provided for in that certain lease entered into between the City of Clearwater (City) and the Greater Clearwater Chamber of Commerce (Chamber) on January 27, 2011, which currently encumbers the Property; and authorize staff to provide sixty days notice to the Chamber of termination of the current lease for municipal purpose as provided for in Section 17(d) of the lease. Attachments 12. Other Council Action 12.1Resolution Endorsing Establishment of a Comprehensive Public Transit System - Councilmembers Hock- DiPolito and Jonson Attachments 13. Closing Comments by Mayor 14. Adjourn Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: No item SUMMARY: Review Approval: Cover Memo Item # 1 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the minutes of the August 2, 2012 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 17 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 2, 2012 Present:Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jonson, and Councilmember Jonson, and Councilmember Jay E. Polglaze. Also Present:William B. Horne II -City Manager, Jill S. Silverboard -Assistant City Assistant City Assistant City City Manager, Jill S. Silverboard City Manager, Jill S. Silverboard - Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Assistant City Manager, Pamela K. Akin Assistant City Manager, Pamela K. Akin City City - - Attorney, Rosemarie Call - City Clerk, and Nicole Sprague - Official Official Official City Clerk, and Nicole SpragueCity Clerk, and Nicole Sprague - - Records and Legislative Services Coordinator. Records and Legislative Services Coordinator. Unapproved To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not To provide continuity for research, items are in agenda order although not necessarily discussed in that order. necessarily discussed in that order. 1. Call to Order–Mayor George N. Cretekos Mayor George N. CretekosMayor George N. Cretekos – Call to Order The meeting was called to order at 6:00 p.m. at City Hall. The meeting was called to order at 6:00 p.m. at City Hall.The meeting was called to order at 6:00 p.m. at City Hall. 2. Invocation–Rev. Dr. John R. Thompson from Countryside Christian InvocationRev. Dr. John R. Thompson from Countryside Christian Rev. Dr. John R. Thompson from Countryside Christian – Invocation Center CenterCenter 3. Pledge of Allegiance–Vice Mayor Paul Gibson 3. 3. Pledge of AllegiancePledge of AllegianceVice Mayor Paul GibsonVice Mayor Paul Gibson – 4. Presentations –Given. 4. Presentations Given.Given. –– 4.1 Diversity Poster Contest Winners Presentation–Stephanie Gilmore, Diversity 4.1 Diversity Poster Contest Winners PresentationDiversity Poster Contest Winners Presentation 4.1 Leadership Council Co-Chair Leadership Council Cop Council CoChairChair -- 4.2 Airpark Advisory Board Presentation–Dennis Roper, Airpark Advisory Board 4.2 4.2 Airpark Advisory Board PresentationAirpark Advisory Board Presentation Chair ChairChair Mr. Roper reviewed history of the Clearwater Airpark and thanked staff for their efforts Mr. Roper reviewed history of the Clearwater Airpark and thanked staff for their efforts Mr. Roper reviewed history of the Clearwater Airpark and thanked staff for their efforts in seeking grant funding that made recent site improvements possible. in seeking grant funding that made recent site improvements possible.in seeking grant funding that made recent site improvements possible. 4.3 Public Art and Design Board Annual Report–Howard Warshauer Public Art and Public Art Public Art Design Board Chair Council 2012-08-021 Item # 2 Attachment number 1 \nPage 2 of 17 Mr. Warshauer reviewed history of the Board and thanked staff for their efforts. A formal report will be presented to Council in October. 5. Approval of Minutes 5.1 Approve the minutes of the July 19, 2012 City Council Meeting as submitted in Approve the minutes of the July 19, 2012 City Council Meeting as submitted in Approve the minutes of the July 19, 2012 City Council Meeting as submitted in writtensummation by the City Clerk. Councilmember Bill Jonson moved to approve the minutes of the July 19, 2012 City pprove the minutes of the July 19, 2012 City pprove the minutes of the July 19, 2012 City Council Meeting as submitted in written summation by the City Clerk.The motion was Council Meeting as submitted in written summation by the City Clerk.Council Meeting as submitted in written summation by the City Clerk.The motion was The motion was duly seconded and carried unanimously. 6. Citizens to be Heard re Items Not on the Agenda Citizens to be Heard re Items Not on the Agenda Nancy Frisco and Cathy Ashenfelteropposed the closure of the public restrooms in opposed the closure of the public restrooms in opposed the closure of the public restrooms in Crest Lake Park. Public Hearings -Not before 6:00 PM Not before 6:00 PM 7. Administrative Public Hearings Administrative Public Hearings Administrative Public Hearings 7.1 Approve the proposed substantial amendments to the City of Clearwater’s Fiscal Approve the proposed substantial amendments to the City of ClearwaterApprove the proposed substantial amendments to the City of Clearwater Year2010-2011 Neighborhood Stabilization Program 3 (NSP 3) Action Plan to 20102011 Neighborhood Stabilization Program 3 (NSP 3) Action Plan to 2011 Neighborhood Stabilization Program 3 (NSP 3) Action Plan to Y ear - modify the categories of funding and identify proposed projects. modify the categories of funding and identify proposed projects.modify the categories of funding and identify proposed projects. The U. S. Department of Housing and Urban Development previously awarded The U. S. Department of Housing and Urban Development previously awarded The U. S. Department of Housing and Urban Development previously awarded the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The the City of Clearwater $1,385,801 in funding through the NSP 3 Program. The NSP 3 Program is designed to stabilize neighborhoods that have been and NSP 3 Program is designed to stabilize neighborhoods that have been and NSP 3 Program is designed to stabilize neighborhoods that have been and continue to be damaged by the economic effects of properties that have been continue to be damaged by the economic effects of properties that have been continue to be damaged by the economic effects of properties that have been foreclosed or abandoned. foreclosed or abandoned. foreclosed or abandoned. The NSP 3 Program established five allowable housing strategies for funding. The NSP 3 Program established five allowable housing strategies for funding. The NSP 3 Program established five allowable housing strategies for funding. They include using the funds for housing-related financing mechanism, acquisition They include using the funds for housingThey include using the funds for housing and rehabilitation, land banking, demolition, and redevelopment. On March 10, and rehabilitation, land banking, demolition, and redevelopment. On March 10, and rehabilitation, land banking, demolition, and redevelopment. On March 10, 2012, HUD approved the City’sNSP 3 Action Plan to use its fundingin the 2012, HUD approved the City2012, HUD approved the City following manner: following manner: following manner: Financing mechanisms for the purchase and redevelopment of foreclosed Financing mechanisms for the purchase and redevelopment of foreclosed Financing mechanisms for the purchase and redevelopment of foreclosed homes and properties - $350,000 - 6 units homes and properties homes and properties Acquisition and rehabilitation of foreclosed and abandoned properties - Acquisition and rehabilitation of foreclosed and abandoned properties Acquisition and rehabilitation of foreclosed and abandoned properties $397,221 - 4 units $397,221 $397,221 Redevelopment of demolished or vacant properties for housing - $500,000 - 10 units Council 2012-08-022 Item # 2 Attachment number 1 \nPage 3 of 17 Administration - $138,580 At the time of HUD’sapproval of the NSP 3 plan, specific projects were not yet identified. After further review and consultation, the City proposes to amend the identified. After further review and consultation, the City proposes to amend the existing Action Plan to make the following modifications: NSP 3 Activities to be deleted: Establish financing mechanisms for the purchase and redevelopment of Establish financing mechanisms for the purchase and redevelopment of Establish financing mechanisms for the purchase and redevelopment of foreclosed upon homes and residential properties. foreclosed upon homes and residential properties. Provide financial assistance to eligible homebuyers of up to 120% AMI, to Provide financial assistance to eligible homebuyers of up to 120% AMI, to Provide financial assistance to eligible homebuyers of up to 120% AMI, to purchase foreclosed properties in the NSP3 Target Areas. Estimated amount - $ $$ purchase foreclosed properties in the NSP3 Target Areas. Estimated amount purchase foreclosed properties in the NSP3 Target Areas. Estimated amount - - 350,000 Acquire and rehabilitate homes and residential properties that have been Acquire and rehabilitate homes and residential properties that have been Acquire and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties. Provide financial assistance to acquire, rehabilitate and resell foreclosed upon Provide financial assistance to acquire, rehabilitate and resell foreclosed upon Provide financial assistance to acquire, rehabilitate and resell foreclosed upon properties in the NSP3 Target Areas. Estimated amount - $ 397,220 $ 397,220$ 397,220 properties in the NSP3 Target Areas. Estimated amount properties in the NSP3 Target Areas. Estimated amount - Total amount from deleted activities is $747,220. Total amount from deleted activities is $747,220. Total amount from deleted activities is $747,220. NSP 3 Activities to be increased: NSP NSP 3 Activities to be increased:3 Activities to be increased: Redevelop demolished or vacant properties and use for housing. Redevelop demolished or vacant properties and use for housing.Redevelop demolished or vacant properties and use for housing. Provide financial assistance to Boley Centers, Inc. to refinance property Provide financial assistance to Boley Centers, Inc. to refinance property Provide financial assistance to Boley Centers, Inc. to refinance property acquisition costs and develop 14 units of rental housing for individuals with acquisition costs and develop 14 units of rental housing for individuals with acquisition costs and develop 14 units of rental housing for individuals with income at or below 50% of AMI located in the targeted NSP areas. Estimated income at or below 50% of AMI located in the targeted NSP areas. Estimated income at or below 50% of AMI located in the targeted NSP areas. Estimated amount - $346,451 $346,451$346,451 amount - Redevelop demolished or vacant properties and use for housing. Redevelop demolished or vacant properties and use for housing.Redevelop demolished or vacant properties and use for housing. Provide financial assistance to SP Country Club Townhomes, LLC to build 6 Provide financial assistance to SP Country Club Townhomes, LLC to build 6 Provide financial assistance to SP Country Club Townhomes, LLC to build 6 townhomes for families at or below 120% of AMI located in the targeted NSP townhomes for families at or below 120% of AMI located in the targeted NSP townhomes for families at or below 120% of AMI located in the targeted NSP areas. Estimated amount - $475,770 areas. Estimated amount areas. Estimated amount Redevelop demolished or vacant properties and use for housing. Redevelop demolished or vacant properties and use for housing.Redevelop demolished or vacant properties and use for housing. Providefinancial assistance to Pinellas County Habitat for Humanity, Inc. o ProvideProvide to build 6 new single-familyhomes for families at or below 80% of AMI located in to build 6 new the targeted NSP areas. Estimated amount - $425,000 Council 2012-08-023 Item # 2 Attachment number 1 \nPage 4 of 17 Total amount of increased activities is $1,247,221. The focus of these proposed activities is to continue construction financing for projects already underway to ensure their success and timely completion. The projects already underway to ensure their success and timely completion. The benefit for moving funding to construction financing is that once the loans are he loans are repaid, the City can use those funds as program income for down payment repaid, the City can use those funds as program income for down payment repaid, the City can use those funds as program income for down payment assistance for these and other properties. In response to questions, Housing Manager Mike Holmes said Clearwater is an In response to questions, Housing Manager Mike Holmes said Clearwater is an In response to questions, Housing Manager Mike Holmes said Clearwater is an entitlement city due to population and the numberof low to moderate income families of low to moderate income families of low to moderate income families within city limits. Economic Development and Housing Director Geri Campos Lopez within city limits. Economic Development and Housing Director Geri Campos Lopez within city limits. Economic Development and Housing Director Geri Campos Lopez said staff confirmed with the Planning Department that the property purchased by Boley said staff confirmed with the Planning Department that the property purchased by Boley said staff confirmed with the Planning Department that the property purchased by Boley was zoned Medium High Density Residentialand allowsmulti-family rental; notification familfamily rental; notification y rental; notification was zoned Medium High Density Residentialand allowsmulti - of adjacent property owners wasnotrequired. required. Councilmember Jay E. Polglazemoved to approvethe proposed substantial Councilmember Jay E. Polglazemoved to the proposed substantial the proposed substantial approveapprove amendments to the City of Clearwater's Fiscal Year 2010-2011 Neighborhood amendments to the City of Clearwater's Fiscal Year 2010amendments to the City of Clearwater's Fiscal Year 20102011 Neighborhood 2011 Neighborhood - Stabilization Program 3 (NSP 3) Action Plan to modify the categories of funding and Stabilization Program 3 (NSP 3) Action Plan to modify the categories of funding and Stabilization Program 3 (NSP 3) Action Plan to modify the categories of funding and identify proposed projects.The motion was duly seconded. Mayor George N. Cretekos identify proposed projects.The motion was duly seconded. Mayor George N. Cretekos The motion was duly seconded. Mayor George N. Cretekos and Councilmembers Doreen Hock-DiPolito, Bill Jonson and Jay Polglaze voted “Aye”; and Councilmembers Doreen HockDiPolito, Bill Jonson and Jay Polglaze voted “Aye”; DiPolito, Bill Jonson and Jay Polglaze voted “Aye”; and Councilmembers Doreen Hock -- Vice Mayor Paul Gibson voted “Nay”. y”.y”. Vice Mayor Paul Gibson voted “NaVice Mayor Paul Gibson voted “Na Motion carried. Motion carried. 7.2 Approve amendments to the Community Development Code repealing and Approve amendments to the Community Development Code repealing Approve amendments to the Community Development Code repealing 7.2 7.2 replacing Article 3, Division 18 Signs in its entirety and amendments to Article 8, replacing Article 3, Division 18 Signs in its entirety and amendments to Article 8, replacing Article 3, Division 18 Signs in its entirety and amendments to Article 8, Section 8-102, Definitions relating to signage, and pass Ordinance 8343-12 on Section 8102, Definitions relating to signage, and pass Ordinance 8343102, Definitions relating to signage, and pass Ordinance 8343 - first reading. first reading. In 2009, the Clearwater Regional and Beach Chambers created a forum to In 2009, the Clearwater Regional and Beach Chambers created a forum toIn 2009, the Clearwater Regional and Beach Chambers created a forum to discuss issues and ordinances that affect the two Chamber groups. The first discuss issues and ordinances that affect the two Chamber groups. The first discuss issues and ordinances that affect the two Chamber groups. The first undertaking of the Clearwater Government Affairs Committee Task Force was to undertaking of the Clearwater Government Affairs Committee Task Force was to undertaking of the Clearwater Government Affairs Committee Task Force was to review the City’ssign ordinance. The Task Force, in concert with representatives review the City’s sign ordinance. The Task Force, in concert with representatives sign ordinance. The Task Force, in concert with representatives of the sign industry, submitted proposed revisions to the Clearwater sign code in of the sign industry, submitted proposed revisions to the Clearwater sign code in , submitted proposed revisions to the Clearwater sign code in of the sign industry the summer of 2010 and after working with the Planning and Development the summer of 2010 and after working with the Planning and Development the summer of 2010 and after working with the Planning and Development Department developed a list of proposed amendments, which were presented to Department developed a list of proposed amendments, which were presented to Department developed a list of proposed amendments, which were presented to City Council for discussion on April 18, 2011. When the Mayor’sBusiness Task City Council for discussion on April 18, 2011. When the MayorCity Council for discussion on April 18, 2011. When the Mayor Force was established in April 2011, Council requested that signage be a topic of Force was established in April 2011, Council requested that signage be a topic of Force was established in April 2011, Council requested that signage be a topic of their discussion as well. Through that process, the Chamber and the Business their discussion as well. Through that process, the Chamber and the Business their discussion as well. Through that process, the Chamber and the Business Task Force came to agreementon recommendations for Council’s consideration Task Force came to agreementTask Force came to agreement and on December 14, 2011 presented the final list to City Council. Direction was provided at that meeting to prepare an ordinance that would address the issues of agreement. Council 2012-08-024 Item # 2 Attachment number 1 \nPage 5 of 17 Ordinance 8343-12 implements recommendations made by the Business Task Force, the City’soutside legal counsel and the Planning and Development Department. Below is a summary of the substantive amendments included in the ordinance. Established two new minimum standard options for determining allowable Established two new minimum standard options for determining allowable Established two new minimum standard options for determining allowable attached and freestanding signs in the non-residential districts. New standards residential districts. New standards residential districts. New standards increase size of signs allowed; Added provision permitting an attached sign along each frontage adjacent to a Added provision permitting an attached sign along each frontage adjacent to a Added provision permitting an attached sign along each frontage adjacent to a right-of-way (corner lot/through lot) and a freestanding sign on each frontage of a way (corner lot/through lot) and a freestanding sign on each frontage of way (corner lot/through lot) and a freestanding sign on each frontage of a a through lot; Allowed an additional attached sign on rear facades in certain circumstances; fa Allowed an additional attached sign on rear cades in certain circumstances; in certain circumstances; Created new section allowing a graphic elements on awnings in addition to Created new section allowing a graphic elements on awnings in addition to Created new section allowing a graphic elements on awnings in addition to permitted attached sign; permitted attached sign; Added new section permitting sidewalks signs for retail and restaurant uses Added new section permitting sidewalks signs for retail and restaurant uses Added new section permitting sidewalks signs for retail and restaurant uses throughout the city; throughout the city; Increased amount of allowable window signage; Increased amount of allowable window signage; Increased amount of allowable window signage; Increased size of grand opening signs; Increased size of grand opening signs; Increased size of grand opening signs; Increased timeframe for determining when a nonconforming sign has been Increased timeframe for determining when a nonconforming sign has beIncreased timeframe for determining when a nonconforming sign has be abandoned from 30 days to 180 days; abandoned from 30 days to 180 days; abandoned from 30 days to 180 days; Created new section exempting certain signs from regulation such as traffic signs, Created new section exempting certain signs from regulation such as traffic signs, Created new section exempting certain signs from regulation such as traffic signs, regulatory signs, etc.; regulatory signs, etc.; regulatory signs, etc.; Prohibited billboards and electronic changeable message signs with limited Prohibited billboards and electronic changeable message signs with limited Prohibited billboards and electronic changeable message signs with limited exceptions; exceptions; Added free expression sign as a permitted temporary sign; Added free exprAdded free expr ession sign as a permitted temporary sign; ession sign as a permitted temporary sign; Revised provision for measuring sign height adjacent to elevated roadways. Revised provision for measuring sign height adjacent to elevated roadways. Revised provision for measuring sign height adjacent to elevated roadways. Added similar provision for measuring sign height when adjacent to a barrier wall Added similar provision for measuring sign height when adjacent to a barrier wall Added similar provision for measuring sign height when adjacent to a barrier wall along U.S. 19; and along U.S. 19; and along U.S. 19; and Revised, deleted and added numerous definitions related to signs. Revised, deleted and added numerous definitions related to signs. Council 2012-08-025 Item # 2 Attachment number 1 \nPage 6 of 17 The Community Development Board (CDB) reviewed proposed Ordinance 8343- 12 at its July 17, 2012 meeting and unanimously recommended approval with the following three comments: Sandwich board signs should be allowed throughout the City as proposed in the Sandwich board signs should be allowed throughout the City as proposed in the ordinance (not as recommended by staff along the traditional urban corridors); ordinance (not as recommended by staff along the traditional urban corridors); ordinance (not as recommended by staff along the traditional urban corridors); Council should take note of the Business Task Force’sconcerns about the concerns about the concerns about the definition of artwork; and Possibly reconsider revising Section 3-1801, 3-1802 and 3-1803 with regard to 1802 and 31802 and 31803 with regard to 1803 with regard to -- the Business Task Force constitutional concerns. the Business Task Force constitutional concerns. Planning and Development Assistant Director Gina Clayton reviewed the proposed Planning and Development Assistant Director Gina Clayton reviewed reviewed the the proposed proposed changes. William D. Brinton, outside legal counsel, said his role is to provide guidance changes. William D. Brinton, outside legal counsel, said his role is to provide guidance changes. William D. Brinton, outside legal counsel, said his role is to provide guidance along the first amendment consideration. Sign regulations in Florida are land along the first amendment consideration. Sign regulations in Florida are land along the first amendment consideration. Sign regulations in Florida are land development regulations. The ordinance has an exception for artwork in connection with development regulations. The ordinance has an exception for artwork in connection with development regulations. The ordinance has an exception for artwork in connection with the development review/permitting process. Mr. Brinton recommended excluding the development review/permitting process. Mr. Brinton recommended excluding the development review/permitting process. Mr. Brinton recommended excluding artwork from the definition of signs. artwork from the definition of signs. In response to questions, Mr. Brinton said the current ordinance has language that In response to questions, Mr. Brinton said the current ordinance has language that In response to questions, Mr. Brinton said the current ordinance has language that addresses sign waiving on public property for commercial purposes that survived a legal for cofor co addresses sign waiving on public property addresses sign waiving on public property mmercial purposes that survived a legal mmercial purposes that survived a legal challenge. Any changes should be addressed outside of the sign ordinance, as it can ny changes should be addressed outside of the sign ordinance, as it can ny changes should be addressed outside of the sign ordinance, as it can . A challenge be problematic from a first amendment standpoint. Sign waiving on public property for be problematic from a first amendment standpoint. Sign waiving on public property for be problematic from a first amendment standpoint. Sign waiving on public property for commercial purposes is a nuisance and threatto traffic. Ms. Clayton said the ordinance to traffic. Ms. Clayton said the ordinance to traffic. Ms. Clayton said the ordinance commercial purposes is a nuisance and threatcommercial purposes is a nuisance and threat includes a grandfathering provision for electronic changeable message signs, which are includes a grandfathering provision for electronic changeable message signs, which are includes a grandfathering provision for electronic changeable message signs, which are limited to changing once every six hours. The ordinance does not address frequency of limited to changing once every six hours. The ordinance does not address frequency of limited to changing once every six hours. The ordinance does not address frequency of change for manual changeable signs. change for manual changeable signs.change for manual changeable signs. In response to a suggestion that electronic changeable signs be allowed to change In response to a suggestion that electronic changeable signs be allowed to change In response to a suggestion that electronic changeable signs be allowed to change once every three hours, Mr. Brinton said this is a regulatory issue.Manual changeable once every three hours, Mr. Brinton said this is a regulatory issue.once every three hours, Mr. Brinton said this is a regulatory issue. signs have not proven to be a regulatory problem. The policy decision isdriven by signs signs have not proven to be a regulatory problem. The policy decision have not proven to be a regulatory problem. The policy decision enforcement issues. enfenforcement issues. orcement issues. Discussion ensued regarding amending the frequency of change for manual Discussion ensued regarding amending Discussion ensued regarding amending changeable signs to once every six hours. There was consensus to pursue change. hangeable signs to once every six hours. There was consensus to pursue change.hangeable signs to once every six hours. There was consensus to pursue change. Mr. Brinton suggested amending language to say not more frequently than every six Mr. Brinton suggested amending language to say not more frequently than every six Mr. Brinton suggested amending language to say not more frequently than every six hours. Council 2012-08-026 Item # 2 Attachment number 1 \nPage 7 of 17 In response to questions, Ms. Clayton said the proposed ordinance requires sidewalk signs to be within 2 ft. of the building. Sidewalk signs are allowed for restaurants and retail uses. Mural is defined as artwork applied to the wall of a building, in which covers all or substantially allof the wall,and depicts a scene of natural,social, cultural or historical significance. Staff can consult with legal staff and Public Art and Design consult with legal staff and Public Art and Design Advisory Board to determine if it is artwork. Discussion ensued regarding temporary sign sizes. Mr. Brinton said in the Granite Discussion ensued regarding temporary sign sizes. Mr. Brinton said in the Granite Discussion ensued regarding temporary sign sizes. Mr. Brinton said in the Granite State Outdoor Advertising, Inc. v. City of Clearwater, the judge took exception to having State Outdoor Advertising, Inc. v. City of Clearwater, the judge took exception to having State Outdoor Advertising, Inc. v. City of Clearwater, the judge took exception to having different sign sizes for temporary signs; a real estate sign could not be larger than an sign sizes for temporary signs; a real estate sign could not be larger thsign sizes for temporary signs; a real estate sign could not be larger th an an an an election sign, which is protected under the First Amendment. Mr. Brinton recommended election sign, which is protected under the First Amendment. Mr. Brinton recommended election sign, which is protected under the First Amendment. Mr. Brinton recommended that Council consider one size for both sign types. An exception should be granted to that Council consider one size for both sign types. An exception should be granted to that Council consider one size for both sign types. An exception should be granted to temporary construction signs, which are required to display a license number. temporary construction signs, which are required to display a license number.temporary construction signs, which are required to display a license number. There was consensus to allow all temporary signs to be 6 sq. ft. and commercial signs There was consensus to allow all temporary signs to be 6 sq. ft. and commercial signs There was consensus to allow all temporary signs to be 6 sq. ft. and commercial signs to be 16 sq. ft. The Council recessed from 7:57p.m. to 8:05p.m. p.m. to 8:05 57 p.m.p.m. Two individualsopposed the proposed definition of artwork. opposed the proposed definition of artworkopposed the proposed definition of artwork . . One individual requested that all businesses within city limits be allowed to have a One individual requested that all businesses within city limits be allowed to have a businesses within city limits be allowed to have a sidewalk sign and opposed amending the frequency of change for manual signs to once sidewalk sign and opposed amending the frequency of change for manual signs to once sidewalk sign and opposed amending the frequency of change for manual signs to once every six hours. every six hours. Vice Mayor Paul Gibson moved to approve amendments to the Community Vice Mayor Paul Gibson moved to aVice Mayor Paul Gibson moved to approve amendments to the Community pprove amendments to the Community Development Code repealing and replacing Article 3, Division 18 Signs in its entirety Development Code repealing and replacing Article 3, Division 18 Signs in its entirety Development Code repealing and replacing Article 3, Division 18 Signs in its entirety and amendments to Article 8, Section 8-102, Definitions relating to signage. The motion and amendments to Article 8, Section 8and amendments to Article 8, Section 8 102, Definitions relating to signage. The motion 102, Definitions relating to signage. The motion - was duly seconded and carried unanimously. was duly seconded and carried unanimously.was duly seconded and carried unanimously. Ordinance 8343-12 was presented and read by title only. Ordinance 8343 12 was presented and read by title only. 12 was presented and read by title only. - CouncilmemberBill Jonson move to amend Section 3-1805.B, Neon signs and lighting, CouncilmemberCouncilmemberBill Jonson move to amend Section 3Bill Jonson move to amend Section 3 on page 6 as follows: “...provided such lighting does not change in intensity, brightness on page 6 as follows: “...provided such lighting does not change in intensity, brightness on page 6 as follows: “...provided such lighting does not change in intensity, brightness or color or direction.” The motion was duly seconded and carried unanimously. or color or directionor color or direction.” The motion was duly seconded and carried unanimously..” The motion was duly seconded and carried unanimously. Councilmember Bill Jonson moved to amend Section 1 on page 66 by adding the Councilmember BilCouncilmember Bill Jonson moved to amend Section 1 on page 66 by adding l Jonson moved to amend Section 1 on page 66 by adding following graphicto sign, sidewalk: following following graphicgraphicto sign, sidewalk: to sign, sidewalk: Council 2012-08-027 Item # 2 Attachment number 1 \nPage 8 of 17 Wind Sign Style The motion was duly seconded and carried unanimously. seconded and carried unanimously. Councilmember Bill Jonson moved to amend Exhibit 1, Section 3-1806 on pages 7, 8, 9 Councilmember Bill Jonson moved to amend Exhibit 1, Section 3Councilmember Bill Jonson moved to amend Exhibit 1, Section 31806 on pages 7, 8, 9 1806 on pages 7, 8, 9 - and 10 as follows: B.Free expression signs. “…A free expression sign shall not exceed three 6 “…A free expression sign shall not exceed A free expression sign shall not exceed Free expression signs. threethree 6 square feet of total sign face area. If a free expression is displayed as a square feet of total sign face area. If a free expression is displayed as a square feet of total sign face area. If a free expression is displayed as a freestanding sign, the sign shall not exceed four feet in height if located on freestanding sign, the sign shall not exceed four ffreestanding sign, the sign shall not exceed four feet in height if located on eet in height if located on a parcel of land designated or used for single family dwellings, duplexes a parcel of land designated or used for single family dwellings, duplexes a parcel of land designated or used for single family dwellings, duplexes and townhouse units or six feet in height if located on any other parcel.” and townhouse units or six feet in height if located on any other parcel.and townhouse units or six feet in height if located on any other parcel. C.Temporary election signs. “…On parcels that are in residential use, the C.C.Temporary election signs. Temporary election signs. “…On parcels that are in residential use, the On parcels that are in residential use, the election sign shall not exceed three 6square feet of total sign face area; election sign shall not exceed election sign shall not exceed three 6 6square feet of total sign face area; square feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, and, if the election sign is displayed as a freestanding sign on the parcel, and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed four feet in height. On parcels that are in the election sign shall not exceed four feet in height. On the election sign shall not exceed four feet in height. On nonresidential use, the election sign shall not exceed eighteen16 square nonresidential use, the election sign shall not exceed nonresidential use, the election sign shall not exceed feet of total sign face area; and, if the election sign is displayed as a feet of total sign face area; and, if the election sign is displayed as a feet of total sign face area; and, if the election sign is displayed as a freestanding sign on the parcel, the election sign shall not exceed six feet freestanding sign on the parcel, the election sign shall not exceed six feet freestanding sign on the parcel, the election sign shall not exceed six feet in height.” ” in height. F.Temporary construction signs. One temporary construction sign located F.Temporary construction signs. One temporary construction sign located Temporary construction signs. One temporary construction sign located on a parcel proposed for development during the period a building permit on a parcel proposed for development during the period a building permit on a parcel proposed for development during the period a building permit is in force or one year, whichever is less, which sign shall not exceed: is in force or one year, whichever is less, which sign shall not exceed: is in force or one year, whichever is less, which sign shall not exceed: 1.Sixteen6square feet of totalsign face area for parcels of land used 1.1.SixteenSixteen or proposed to be used for single family dwellings, duplexes and townhouse units; Council 2012-08-028 Item # 2 Attachment number 1 \nPage 9 of 17 2.Thirty-two 16 square feet of total sign face area for parcels of land used or proposed to be used for multi-family purposes otherthan townhouse units or for non-residential purposes. If the temporary sign is displayed as a freestanding sign, the sign shall not If the temporary sign is displayed as a freestanding sign, the sign shall not exceed six feet in height. H.Temporary garage-yard sale signs. One temporary garage-yard sale sign yard sale signs. One temporary garageyard sale signs. One temporary garageyard sale sign yard sale sign -- of no more than three 6 square feet of total sign face area located on the square feet of total sign face area located on the square feet of total sign face area located on the parcel of land where the garage or yard sale is to be conducted only on parcel of land where the garage or yard sale is to be conducted only on parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. In the date or dates on which the garage or yard sale is conducted. In the date or dates on which the garage or yard sale is conducted. In addition, no more than two directional signs of no more than three addition, no more than two directional signs of no more than addition, no more than two directional signs of no more than threethree 6square feet of total sign face area per sign facerelated to a garage or square feet of total sign face area per sign facesquare feet of total sign face area per sign facerelated to a garage or related to a garage or yard sale which are located on privately owned parcels of land other than yard sale which are located on privately owned parcels of land other than yard sale which are located on privately owned parcels of land other than the parcel of land where the garage or yard sale is to be conducted only the parcel of land where the garage or yard sale is to be conducted only the parcel of land where the garage or yard sale is to be conducted only on the date or dates on which the garage or yard sale is conducted. If the on the date or dates on which the garage or yard sale is conducted. If the on the date or dates on which the garage or yard sale is conducted. If the temporary sign is displayed as a freestanding sign, the sign shall not sign is displayed as a freestanding sign, the sign shall not sign is displayed as a freestanding sign, the sign shall not exceed four feet in height. exceed four feet in height. M.Temporary real estate signs. One temporary real estate sign per parcel of Temporary real estate signs. One temporary real estate sign per parcel of Temporary real estate signs. One temporary real estate sign per parcel of land indicating that a parcel of land or a building located on the parcel of land indicating that a parcel of land or a building located on the parcel of land indicating that a parcel of land or a building located on the parcel of land or partthereof is for sale, for lease or otherwise available for thereof is for sale, for lease or otherwise available for thereof is for sale, for lease or otherwise available for land or part conveyance, provided that such sign does not exceed: conveyance, provided that such sign does not exconveyance, provided that such sign does not exceed: ceed: 1.Six6square feet of total sign face area on parcels of land 1.1.Six6square feet of total sign face area on parcels of land square feet of total sign face area on parcels of land designated or used for single family dwellings, duplexes and designated or used for single family dwellings, duplexes and designated or used for single family dwellings, duplexes and townhouse units; townhouse units;townhouse units; 2. Thirty-two16square feet of total sign face area on parcels of land 2. ThirtyThirty16square feet of total sign face area on parcels of land square feet of total sign face area on parcels of land twotwo -- designated or used for multi-family purposes other than townhouse designated or used for multidesignated or used for multifamily purposes other than townhouse - units or for non-residential purposes. units or for nonunits or for non residential purposes.residential purposes. - The motion was duly seconded and carried unanimously. The motion was duly seconded and carried unanimously.The motion was duly seconded and carried unanimously. In response to a question, Ms. Clayton said the code defines a double-faced sign. In a In response to a question, Ms. Clayton said the code defines a doubleIn response to a question, Ms. Clayton said the code defines a double four-sided sign, staff would count all sides. fourfoursided sign, staff would count all sides. sided sign, staff would count all sides. -- Councilmember Bill Jonson moved to amend Section 1 on page 67 by adding the Councilmember Bill Jonson moved to amend Section 1 on page 67 Councilmember Bill Jonson moved to amend Section 1 on page 67 following definition: Total sign face area means the sign area of a single-faced sign, a following definition: Total sign face area means the sign area of a singlefollowing definition: Total sign face area means the sign area of a single double-faced sign, or any other sign face configuration. faced sign, or any other sign face configuration. faced sign, or any other sign face configuration. faced sign, or any other sign face configuration. faced sign, or any other sign face configuration. Motion failed for lack of a second. otion failed for lack of a second.otion failed for lack of a second. Councilmember Bill Jonson moved torestrict sandwich boards to the downtown and beachareas. Council 2012-08-029 Item # 2 Attachment number 1 \nPage 10 of 17 Motion failed for lack of asecond. There was consensus for staff to provide a code enforcement report regarding sandwich board violations in six months. Vice Mayor Paul Gibson moved to amend the frequency of change for manual and Vice Mayor Paul Gibson moved to amend the frequency of change for manual and Vice Mayor Paul Gibson moved to amend the frequency of change for manual and electronic changeable signs to once every three hours. Motion failed for lack of a second. In response to a question, Mr. Brinton said Clearwater’s current definition of artwork is In response to a question, Mr. Brinton said Clearwater’s current definition of artwork iIn response to a question, Mr. Brinton said Clearwater’s current definition of artwork i ss not an exemption from the definition of signs; it is an exemption dealing with permit not an exemption from the definition of signs; it is an exemption dealing with perminot an exemption from the definition of signs; it is an exemption dealing with permitt review. The proposed definition of artwork is similar to other Florida municipalities. Mr. review. The proposed definition of artwork is similar to other Florida municipalities. review. The proposed definition of artwork is similar to other Florida municipalities. Mr. Mr. Brinton said the definition of signs should not include artwork, cemetery markers, Brinton said the definition of signs should not include artwork, cemetery markers, Brinton said the definition of signs should not include artwork, cemetery markers, machinery and equipment signs; they are not signs to be regulated under land machinery and equipment signs; they are not signs to be regulated under land machinery and equipment signs; they are not signs to be regulated under land development regulations.Municipalities regulate signage based on function not content. Municipalities regulate signage based on function not content. Municipalities regulate signage based on function not content. Councilmember Bill Jonson moved to pass Ordinance 8343-12on first reading, as Councilmember Bill Jonson moved to pass Ordinance 8343Councilmember Bill Jonson moved to pass Ordinance 83431212on first reading, as on first reading, as -- amended. The motion was duly seconded and upon roll call, the vote was: amended. The motion was duly seconded and upon roll call, the vote was:amended. The motion was duly seconded and upon roll call, the vote was: "Ayes":MayorGeorge N. Cretekos, Vice Mayor Paul Gibson, Councilmember MayorGeorge N. Cretekos, Vice Mayor Paul Gibson, Councilmember George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Doreen Hock Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None.None. :: 8. Second Readings -Public Hearing 8. Second Readings Second Readings Public HearingPublic Hearing -- 8.1 Adopt Ordinance 8335-12 on second reading, annexing certain real property 8.1 8.1 Adopt Ordinance 8335Adopt Ordinance 8335 12 on second reading, annexing certain real property 12 on second reading, annexing certain real property -- whose postoffice address is 1907 Calumet Street into the corporate limits of the whose postoffice address is 1907 Calumet Street into the corporate limits of the office address is 1907 Calumet Street into the corporate limits of the city and redefining the boundary lines of the city to include said addition. city and redefining the boundary lines of the city to include said addition.city and redefining the boundary lines of the city to include said addition. Ordinance 8335-12 was presented and read by title only. Councilmember Jay E. Ordinance 8335Ordinance 833512 was presented and read by title only. Councilmember Jay E. 12 was presented and read by title only. Councilmember Jay E. - Polglazemoved to adopt Ordinance 8335-12 on second and final reading. The motion moved to moved to PolglazePolglazeadopt adopt was duly seconded and upon roll call, the vote was: was duly seconded and upon roll call, the vote was:was duly seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. Council 2012-08-0210 Item # 2 Attachment number 1 \nPage 11 of 17 "Nays":None. 8.2 Adopt Ordinance 8336-12 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 1907 Calumet Street, upon certain real property whose post office address is 1907 Calumet Street, upon annexation into the City of Clearwater, as Industrial General (IG) and Industrial annexation into the City of Clearwater, as Industrial General (IG) and Industri annexation into the City of Clearwater, as Industrial General (IG) and Industri Limited (IL). Ordinance 8336-12 was presented and read by title only. Councilmember Doreen 12 was presented and read by title only. Councilmember Doreen 12 was presented and read by title only. Councilmember Doreen Hock-DiPolitomoved to adoptOrdinance 8336-12 on second and final reading.The 12 on second and final reading.12 on second and final reading.The The motion was duly seconded and upon roll call, the vote was: the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, DiPolito, Councilmember Bill Jonson, and Councilmember and Councilmember Jay E. Polglaze. "Nays":None. 8.3 Adopt Ordinance 8337-12 on second reading, amending the Zoning Atlas of the Adopt Ordinance 833712 on second reading, amending the Zoning Atlas of the 12 on second reading, amending the Zoning Atlas of the - city by zoning certain real property whose post office address is 1907 Calumet zoning certain real property whose post office address is 1907 Calumet zoning certain real property whose post office address is 1907 Calumet Street, upon annexation into the City of Clearwater, as Industrial, Research and Street, upon annexation into the City of Clearwater, as Industrial, Research and Street, upon annexation into the City of Clearwater, as Industrial, Research and Technology (IRT). Technology (IRT). Ordinance 8337-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 833712 was presented and read by title only. Vice Mayor Paul Gibson12 was presented and read by title only. Vice Mayor Paul Gibson - moved to adoptOrdinance 8337-12 on second and final reading.The motion was duly Ordinance 8337Ordinance 833712 on second and final reading.12 on second and final reading. moved to adoptThe motion was dThe motion was d adopt moved to -- seconded and upon roll call, the vote was: seconded and upon roll call, the vote was:seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, DiPolito, Councilmember Bill Jonson, -- Jay E. Polglaze. Jay E. PolglazeJay E. Polglaze . "Nays":None. "Nays"None "Nays" : . 8.4 Adopt Ordinance 8345-12 on second reading, relating to soliciting the occupants 8.4 8.4 Adopt Ordinance 8345Adopt Ordinance 834512 on second 12 on second -- of motor vehicles, renumbering Section 28.041 to Section 21.19, Code of of motor vehicles, renumbering Section 28.041 to Section 21.19, Code of of motor vehicles, renumbering Section 28.041 to Section 21.19, Code of Ordinances, to include street-solicitation violations among those violations that Ordinances, to include streetOrdinances, to include street are punishable by a fine of up to $500.00, imprisonment for not more than 60 are punishable by a fine of up to $500.00, imprisonment for not more than 60 are punishable by a fine of up to $500.00, imprisonment for not more than 60 days, or both. days, or both.days, or both. Ordinance 8345-12 was presented and read by title only. Councilmember Bill Jonson Ordinance 8345Ordinance 834512 was presented and read by title only. Councilmember Bill Jonson moved to adopt Ordinance 8345-12 on second and final reading. The motion was duly moved to adopt Ordinance 8345moved to adopt Ordinance 8345 seconded. One individual spoke in opposition. Council 2012-08-0211 Item # 2 Attachment number 1 \nPage 12 of 17 In response to a question, the City Attorney said the City does not impose the term of imprisonment; the term of imprisonment is set by the County Court. Upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, CouncilmembeMayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmembe r Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. 8.5 Adopt Ordinance 8347-12 as amended on second reading, prohibiting sitting or 12 as amended on second reading, prohibiting sitting or 12 as amended on second reading, prohibiting sitting or lying on the publicly owned right-of-ways, sidewalks, piers, docks, boardwalks, ways, sidewalks, piers, docks, boardwalks, ways, sidewalks, piers, docks, boardwalks, and entryways to publicly owned buildings in the downtown, gateway, and beach and entryways to publicly owned buildings in the downtown, gateway, and beach and entryways to publicly owned buildings in the downtown, gateway, and beach tourist areas. Ordinance 8347-12 was presented and read by title only. Councilmember Jay Polglaze 12 was presented and read by title only. Councilmember Jay Polglaze 12 was presented and read by title only. Councilmember Jay Polglaze moved to adopt Ordinance 8347-12 on second and final reading. The motion was duly 12 on second and final reading. The motion was duly 12 on second and final reading. The motion was duly moved to adopt Ordinance 8347 - seconded. One individual spoke in opposition. One individual spoke in opposition.One individual spoke in opposition. In response to aquestion, Assistant City Attorney Rob Surette said the ordinance is question, Assistant City Attorney Rob Surette said the ordinance is question, Assistant City Attorney Rob Surette said the ordinance is In response to a restricted to the Clearwater Downtown Core Redevelopment, the Gateway Corridor and restricted to the Clearwater Downtown Core Redevelopment, the Gateway Corridor and restricted to the Clearwater Downtown Core Redevelopment, the Gateway Corridor and the Clearwater Beach Core Tourist Zone areas. the Clearwater Beach Core Tourist Zone areas. the Clearwater Beach Core Tourist Zone areas. Upon roll call, the vote was: Upon roll call, Upon roll call, the vote was:the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes""Ayes"Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember -- Jay E. Polglaze. Jay E. Polglaze.Jay E. Polglaze. "Nays":None. "Nays""Nays"None. : 8.6 Adopt Ordinance 8348-12 on second reading, creating Section 21.21, Code of 8.6 8.6 Adopt Ordinance 8348Adopt Ordinance 834812 on second reading, creating Section - Ordinances, prohibiting lodging out-of-doors. Ordinances, prohibiting lodging outOrdinances, prohibiting lodging out Ordinance 8348-12 was presented and read by title only. Vice Mayor Paul Gibson Ordinance 8348Ordinance 834812 was presented and read by title only. Vice Mayor Paul Gibson 12 was presented and read by title only. Vice Mayor Paul Gibson -- moved to adopt Ordinance 8348-12 on second and final reading. The motion was duly moved to adopt Ordinance 8348moved to adopt Ordinance 8348 seconded. Council 2012-08-0212 Item # 2 Attachment number 1 \nPage 13 of 17 Four individuals spoke in opposition and two individuals supported implementing a Homeless Bill of Rights model. One individual expressed a concern with capacity of local shelters. It was stated that the Rhode Island Homeless Bill of Rights was implemented to protect It was stated that the Rhode Island Homeless Bill of Rights was implemented to protect thehomeless from violence and hate crimes. Councilmember Bill Jonson said PSTA offers a taxi or van service to individuals staying Councilmember Bill Jonson said PSTA offers a taxi or van service to individuals staying Councilmember Bill Jonson said PSTA offers a taxi or van service to individuals staying at Safe Harbor who need public transportation prior to 5:15 a.m.; detailed information is at Safe Harbor who need public transportation prior to 5:15 a.m.; detailed information is at Safe Harbor who need public transportation prior to 5:15 a.m.; detailed information is available on www.psta.net. Upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember DiPolito, Councilmember Bill Jonson, and Councilmember Jay E. Polglaze. "Nays":None. 8.7 Adopt Ordinance 8350-12 on second reading, vacating a portion of a 2-foot Adopt Ordinance 835012 on second reading, vacating a portion of a 212 on second reading, vacating a portion of a 2foot foot -- Drainage and Utility Easement lying on a parcel of land lying in Section 2, Drainage and Utility Easement lying on a parcel of land lying in Section 2, Drainage and Utility Easement lying on a parcel of land lying in Section 2, Township 29 South, Range 15 East, Pinellas County, Florida, and being a Township 29 South, Range 15 East, Pinellas County, Florida, and being a Township 29 South, Range 15 East, Pinellas County, Florida, and being a portion of Lot 9, Brentwood Estates, as recorded in Plat Book 59, Page 28 of the portion of Lot 9, Brentwood Estates, as recorded in Plat Book 59, Page 28 of the portion of Lot 9, Brentwood Estates, as recorded in Plat Book 59, Page 28 of the Public Records of Pinellas County. Public Records of Pinellas County.Public Records of Pinellas County. Ordinance 8350-12 was presented and read by title only. Councilmember Bill Jonson Ordinance 8350Ordinance 8350 12 was presented and read by title only. Councilmember Bill Jonson12 was presented and read by title only. Councilmember Bill Jonson -- moved to adoptOrdinance 8350-12 on second and final reading. The motion was duly moved to moved to adoptOrdinance 8350Ordinance 835012 on second and final reading. 12 on second and final reading. -- seconded and upon roll call, the vote was: seconded and upon roll call, the vote was:seconded and upon roll call, the vote was: "Ayes":Mayor George N. Cretekos, Vice Mayor Paul Gibson, Councilmember "Ayes"Mayor George N. Cretekos, Vice MayoMayor George N. Cretekos, Vice Mayo : Doreen Hock-DiPolito, Councilmember Bill Jonson, and Councilmember Doreen HockDoreen HockDiPolito, Councilmember Bill Jonson, DiPolito, Councilmember Bill Jonson, -- Jay E. Polglaze. Jay E. PolglazeJay E. Polglaze . . "Nays":None. "Nays""Nays"None : . 9. Consent Agenda -Approved as submitted. Consent Agenda Consent Agenda Approved as submitted.Approved as submitted. -- 9.1 Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in Approve a contract (purchase order) with Extensys, Inc., Palm Harbor, Florida, in the amount of $247,478.77 for the acquisition of network storage, network the amount of $247,478.77 for the acquisition of network storage, network the amount of $247,478.77 for the acquisition of network storage, network backup and archiving management application and a disc-to-disc backup and backup and archiving management application and a discbackup and archiving management application and a disc recovery appliance, in accordance with Sec. 2.564(1)(d), Code of Ordinances Florida State Contract; authorize lease purchase under the City’sMaster Lease Purchase Agreement and authorize the appropriate officials to execute same. Council 2012-08-0213 Item # 2 Attachment number 1 \nPage 14 of 17 (consent) 9.2 Accept a Drainage and Utility Easement granted to the City from Cay 1475, LLC located southwest of the corner of Sunset Point Road and North Highland Avenue contingent upon Council adoption of Ordinance 8350-12. (consent) 12. (consent) 9.3 Approve a Work Order to Engineer of Record Jones Edmunds and Associates, s and Associates, s and Associates, Inc. for Engineering Services for the Northeast Water Reclamation Facility Inc. for Engineering Services for the Northeast Water Reclamation Facility Inc. for Engineering Services for the Northeast Water Reclamation Facility (WRF) Internal Recycle Pump Station Upgrade (12-0017-UT) in the amount of UT) in the amount of UT) in the amount of 0017 0017 -- $118,800.00, and authorize the appropriate officials to execute same. (consent) $118,800.00, and authorize the appropriate officials to execute same. (consent) $118,800.00, and authorize the appropriate officials to execute same. (consent) 9.4 Request for authority to institute a civil action on behalf of the City against Request for authority to institute a civil action on behalf of the City against Request for authority to institute a civil action on behalf of the City against Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for Suncoast Development of Pinellas County, Inc., to recover $1,658.99 for damages to City property. (consent) damages to City property. (consent) Councilmember Doreen Hock-DiPolito moved to approve the Consent Agenda as DiPolito moved to approve the Consent ADiPolito moved to approve the Consent Agenda as genda as submitted and authorize the appropriate officials to execute same. The motion was duly submitted and authorize the appropriate officials to execute same. The motion was duly submitted and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. seconded and carried unanimously. City Manager Reports City Manager Reports 10. Other Items on City Manager Reports Other Items on City Manager ReportsOther Items on City Manager Reports 10.1 Approve funding from the City General Fund Reserves in the amount of Approve funding from the City General Fund Reserves in the amount of Approve funding from the City General Fund Reserves in the amount of $188,291 to undertake fencing and related improvements at the Main Library to $188,291 to undertake fencing and related improvements at the Main Library to $188,291 to undertake fencing and related improvements at the Main Library to define pedestrian patterns and create a public arts area. define pedestrian patterns and create a public arts area. define pedestrian patterns and create a public arts area. On April 16, 2012, the Library Department presented Council with a request to On April 16, 2012, the Library Department presented Council with a request to On April 16, 2012, the Library Department presented Council with a request to initiate improvements in the Main Library front Courtyard, West Terrace and the initiate improvements in the Main Library front Courtyard, West Terrace and the initiate improvements in the Main Library front Courtyard, West Terrace and the pump house area. These improvements would include a fence, an art element, pump house area. These improvements would include a fence, an art element, pump house area. These improvements would include a fence, an art element, improved landscaping and other elements. The Council requested staff to take improved landscaping and other elements. The Council requested staff to take improved landscaping and other elements. The Council requested staff to take another look at the plan and modify it to enhance the appearance of this another look at the plan and modify it to enhance the appearance of this another look at the plan and modify it to enhance the appearance of this signature downtown building. signature downtown building. signature downtown building. The new plan includes a new entryway with the fencing in the recommended teal The new plan includes a new entryway with the fencing in the recommended teal The new plan includes a new entryway with the fencing in the recommended teal color, creating a much more welcoming entry. Although the drawing shows the color, creating a much more welcoming entry. Although the drawing shows the color, creating a much more welcoming entry. Although the drawing shows the name of the library, which would not be allowed under the sign ordinance, staff name of the library, which would not be allowed under the sign ordinance, staff name of the library, which would not be allowed under the sign ordinance, staff will substitute a literary quote. Staff has provided two choices for the northeast will substitute a literary quote. Staff has provided two choices for the northeast will substitute a literary quote. Staff has provided two choices for the northeast wall of the library, a planter element and an art element, although the art element wall of the library, a planter element and an art element, although the art elwall of the library, a planter element and an art element, although the art el shown is just an example, not a specific choice. The proposal also includes shown is just an example, not a specific choice. The proposal also includes shown is just an example, not a specific choice. The proposal also includes replacing the cement pavement with a paving stone equivalent to what is used in replacing the cement pavement with a paving stone equivalent to what is used in replacing the cement pavement with a paving stone equivalent to what is used in the Cleveland Street renovations. the Cleveland Street renovations. the Cleveland Street renovations. Staff is requesting Council direction regarding the revised project, choice between the art wall and the planter element, and the use of paving stones in the Council 2012-08-0214 Item # 2 Attachment number 1 \nPage 15 of 17 project. This element was strongly suggested by the Library Foundation. The library advocacy groups have all reviewed and approved the new fence design. The art element is preferred over the planter because it requires less ongoing maintenance and fits in with the feel of the courtyard staff is trying to create. If approved, a third quarter budget amendment will establish capital project 315- If approved, a third quarter budget amendment will establish capital project 315 93529, MainLibrary Entryway Improvements, with a transfer of $188,291 from Library Entryway Improvements, with a transfer of $188,291 from Library Entryway Improvements, with a transfer of $188,291 from General Fund unappropriated retained earnings. General Fund reserves are General Fund unappropriated retained earnings. General Fund reserves are General Fund unappropriated retained earnings. General Fund reserves are currently $20.8 million, exceeding the reserve policy by approximately $10.6 currently $20.8 million, exceeding the reserve policy by approximately $10.6 currently $20.8 million, exceeding the reserve policy by approximately $10.6 million. Library Director Barbara PickellsaidRobert A. M. Stern Architects have reviewed and Robert A. M. Stern Architects have reviewed and Robert A. M. Stern Architects have reviewed and approved the proposedchanges. In response to a concern,Ms. Pickell said the proposed fence would secure the back Ms. Pickell said the proposed fence would secure the back Ms. Pickell said the proposed fence would secure the back patio area 24 hours a day; Parks and Recreation recommended the fence. Assistant patio area 24 hours a day; Parks and Recreation recommended the fence. patio area 24 hours a day; Parks and Recreation recommended the fence. Assistant CityManager Jill Silverboardsaid the pump house is considered part of the the pump house is considered part of the the pump house is considered part of the infrastructure and from a Risk Management perspective, not a location staff wants staff staff infrastructure and from a Risk Management perspective, not a location infrastructure and from a Risk Management perspective, not a location wantwant s people to access. There was consensus to eliminate the pavers and front signage from the proposed There was consensus to eliminate the pavers and front signage from the proposed There was consensus to eliminate the pavers and front signage from the proposed design; reducing the total estimated cost to $119,417. ; reducing the total estimated cost to $119,417.; reducing the total estimated cost to $119,417. Vice Mayor Paul Gibson moved approve funding from the City General Fund Reserves Vice Mayor Paul Gibson moved approve funding from the City General Fund Reserves Vice Mayor Paul Gibson moved approve funding from the City General Fund Reserves in the amount of $119,417to undertake fencing and related improvements at the Main in the amount of $1 19417to undertake fencing and related improvements at the Main to undertake fencing and related improvements at the Main 417 , Library to define pedestrian patterns and create a public arts area.The motion was duly Library to define pedestrian patterns and create a public arts area.Library to define pedestrian patterns and create a public arts area. The motion was duly The motion was duly seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. Later in the meeting, Assistant City Manager Jill Silverboard said the correct total is Later in the meetingLater in the meetingAssistant City Manager Jill Silverboard said the correct total is Assistant City Manager Jill Silverboard said the correct total is , , $127,117, understanding the contingency amount will be less. $127,117, understanding the contingency amount will be less. $127,117, understanding the contingency amount will be less. Vice Mayor PaulGibson moved to reconsider Item 10.1. The motion was duly Vice Mayor PaulGibson moved to reconsider Item 10.1. The motion was duly Gibson moved to reconsider Item 10.1. The motion was duly seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. Councilmember Bill Jonson moved to amend and approve fundingfrom the City Councilmember Bill Jonson Councilmember Bill Jonson moved to amend and General Fund Reserves in an amount not to exceed $130,000. The motion was duly General Fund Reserves in General Fund Reserves in an amount an amount seconded and carried unanimously. seconded and carried unanimously.seconded and carried unanimously. 10.2 Award a Contract (purchase order) to WaterfrontEngineering Inc., of Tampa, Award a Contract (purchase order) to WaterfrontAward a Contract (purchase order) to Waterfront FL., in an amount not to exceed $400,000 to fund City owned seawall upgrades FL., in an amount not to exceed $400,000 to fund City owned seawall upgrades FL., in an amount not to exceed $400,000 to fund City owned seawall upgrades and/or replacement, and authorize the appropriate officials to execute same. and/or replacement, and authorize the appropriate officials to execute same. and/or replacement, and authorize the appropriate officials to execute same. Council 2012-08-0215 Item # 2 Attachment number 1 \nPage 16 of 17 A Request for Proposals (RFP 30-12) was advertised seeking qualified contractors to upgrade and/or replace city owned seawalls that are at or nearing the end of their useful life. Waterfront Engineering Inc., of Tampa Florida, was selected as result of the RFP Waterfront Engineering Inc., of Tampa Florida, was selected as result of the RFP rating and ranking process. The Engineering Departmenthas performed visual has performed visual inspections of all city owned seawalls to develop a schedule of which seawalls to inspections of all city owned seawalls to develop a schedule of which seawalls to inspections of all city owned seawalls to develop a schedule of which seawalls to address first. The attached map shows the first three locations that will be address first. The attached map shows the first three locations that will be address first. The attached map shows the first three locations that will be addressed under this contract. Sufficient budget and revenue is available in Capital Improvement Program Sufficient budget and revenue is available in Capital Improvement Program Sufficient budget and revenue is available in Capital Improvement Program project 0315-93412, City-wide Seawall Replacement to fund this contract. wide Seawall Replacement to fund this contract.wide Seawall Replacement to fund this contract. In response to a question, Environmental Manager Ed Chesney said the cost per lineal In response to a question, Environmental Manager Ed Chesney said the cost per lineal In response to a question, Environmental Manager Ed Chesney said the cost per lineal foot was $88.00 and cost per sheet pile wall was $270.00. $270.00 $88.00 and cost per sheet pile wall was . The Council recessed from 10:05p.m. to 10:15 p.m. p.m. to 10:15 p.m. p.m. to 10:15 p.m. 05 Councilmember Doreen Hock-DiPolito moved to Award a Contract (purchase order) to Councilmember Doreen HockDiPolito moved to DiPolito moved to Award a Contract (purchase order) to Award a Contract (purchase order) to - Waterfront Engineering Inc., of Tampa, FL., in an amount not to exceed $400,000 to Waterfront Engineering Inc., of Tampa, FL., in an amount not to exceed $400,000 to Waterfront Engineering Inc., of Tampa, FL., in an amount not to exceed $400,000 to fund City owned seawall upgrades and/or replacement, and authorize the appropriate fund City owned seawall upgrades and/or replacement, and authorize the appropriate fund City owned seawall upgrades and/or replacement, and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. officials to execute same. The motion was duly seconded and carried unanimously.officials to execute same. The motion was duly seconded and carried unanimously. Miscellaneous Reports and Items Miscellaneous Reports and ItemsMiscellaneous Reports and Items 11. City Manager Verbal Reports –None. 11. City Manager Verbal Reports City Manager Verbal Reports None.None. –– 12. Other Council Action -None. 12. Other Council Action Other Council Action None. -- 13. Closing Comments by Mayor Closing Comments by MayorClosing Comments by Mayor 13. 13. Mayor George N. Cretekos reviewed recent and upcoming events. Mayor George N. Cretekos reviewed recent and upcoming events.Mayor George N. Cretekos reviewed recent and upcoming events. Council 2012-08-0216 Item # 2 Attachment number 1 \nPage 17 of 17 14. Adjourn The meeting was adjourned at 10:19 p.m. Mayor Attest City of Clearwater City Clerk Council 2012-08-0217 Item # 2 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Clearwater Comprehensive Plan removing provisions and maps associated with implementing school concurrency, amending certain provisions of the Capital Improvements Element for consistency with Florida State Statutes and updating Map A-3 Future Land Use: 2018, Map A-14 Citywide Design Structure and Map E-1 Coastal Storm Area (Including Coastal High Hazard Area), and pass Ordinance 8334-12 on first reading. (CPA2012-04001) SUMMARY: In 2011, the Florida Legislature passed the Community Planning Act, which removed state-mandated concurrency requirements for schools for all local governments. The School Planning Workgroup, which consists of staff from each of the local governments previously required to implement school concurrency, the School District, and the Pinellas Planning Council, met in July 2011 to review the legislative changes and options, and subsequently recommended to the Pinellas Schools Collaborative that school concurrency be discontinued. The Collaborative, which consists of elected officials from Pinellas County, twelve municipalities, and the School Board, agreed with the Workgroups recommendation and voted to approve amendments to the Public Schools Interlocal Agreement in April 2012 that eliminated the sections related to the implementation of school concurrency. At their June 20, 2012 meeting, the Clearwater City Council approved these amendments to the Public Schools Interlocal Agreement. Amendments to the Clearwater Comprehensive Plan are needed to remove references to school concurrency in several Elements of the Plan. The Community Planning Act (2011) also revised statutory requirements related to the Capital Improvements Element. The Act maintained the requirement that the Capital Improvements Element be reviewed annually, but updates to the schedule of capital improvements may now be processed by ordinance and will not be considered amendments to the Plan, thereby eliminating the need to submit the annual update for state review. The Act also eliminated the requirement for the element to demonstrate financial feasibility. Therefore, this amendment revises the Capital Improvements Element by modifying policies related to these provisions. Several miscellaneous map items are also included within this proposed amendment. Proposed Ordinance 8334-12 includes the following amendments: Amends the table of maps for language to be consistent with the proposed amendments in this ordinance. Deletes portions of the Future Land Use Element, Intergovernmental Coordination Element, Capital Improvements Element and Public School Facilities Element related to school concurrency implementation. Amends language in the Coastal Management Element that references map E-1 to be consistent with the new proposed maps E-1A and E-1B (Coastal Storm Area). Cover Memo Amends the Capital Improvements Element to be consistent with Florida State Statutes by removing Item # 3 requirements that an update to the schedule of capital improvements necessitates an amendment to the comprehensive plan and that this schedule of improvements be financially feasible. The financially feasible requirement is replaced with a provision requiring that projects listed in the 5-year schedule be identified as funded or unfunded and given a level of priority. Amends Map A-3 Future Land Use: 2018 to have consistent legend nomenclature with the table after Policy A.2.2.1 (updating the €Water ‚ Water/Drainage Feature classification and the €Drainage Feature Overlay classification). Amends Map A-14 Citywide Design Structure which showed La Belle Plaza, a Multi-Neighborhood Shopping Center located on the east side of Highland Avenue north of Belleair Road, as extending all the way to Nursery Road. The proposed amended map depicts the correct parcel boundaries of La Belle Plaza with the northern parcel boundary lying approximately 315 feet south of Nursery Road. Amends Map E-1 Coastal Storm Area by replacing it with two maps, one showing the west, or Gulf, side of the City (E-1A) and the other showing the east, or Bay, side of the City (E-1B). In 2010, the Florida Department of Community Affairs officially recognized the most recent update of the Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model, prepared by FEMA in 2009, which is used in determining the location of the Coastal High Hazard Area (CHHA) and the Citys Coastal Storm Area (CSA). With the release of the updated model, new maps must be adopted into local comprehensive plans. Deletes all maps associated with the Public School Facilities Element. These maps will be moved to the Comprehensive Plans data and analysis section, thereby eliminating the need to amend the plan when this map series is updated. The Community Development Board (CDB) reviewed the proposed amendment at its meeting on July 17, 2012 and unanimously recommended the amendment for approval. Review Approval: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 3 Item # 3 Attachment number 1 \nPage 2 of 3 Item # 3 Attachment number 1 \nPage 3 of 3 Item # 3 Attachment number 2 \nPage 1 of 25 · · · · · · · Item # 3 Attachment number 2 \nPage 2 of 25 Item # 3 Attachment number 2 \nPage 3 of 25 Item # 3 Attachment number 2 \nPage 4 of 25 Item # 3 Attachment number 2 \nPage 5 of 25 Item # 3 Attachment number 2 \nPage 6 of 25 Item # 3 Attachment number 2 \nPage 7 of 25 Item # 3 Attachment number 2 \nPage 8 of 25 Item # 3 Attachment number 2 \nPage 9 of 25 Item # 3 Attachment number 2 \nPage 10 of 25 · · · Item # 3 Attachment number 2 \nPage 11 of 25 Item # 3 Attachment number 2 \nPage 12 of 25 Item # 3 Attachment number 2 \nPage 13 of 25 Item # 3 Attachment number 2 \nPage 14 of 25 Item # 3 Attachment number 2 \nPage 15 of 25 Item # 3 Attachment number 2 \nPage 16 of 25 Item # 3 Attachment number 3 \nPage 1 of 5 Item # 3 Attachment number 3 \nPage 2 of 5 Item # 3 Attachment number 3 \nPage 3 of 5 Item # 3 Attachment number 3 \nPage 4 of 5 Item # 3 Attachment number 3 \nPage 5 of 5 Item # 3 Attachment number 4 \nPage 1 of 4 City of Clearwater Comprehensive Plan 2008 Future Land Use: 2018 Map #: A-3, 2012 ADDENDUM Date: 06/14/2012 OLDSMAR Pinellas Planning Council / Jun 2012 Source: Legend Future Land Use Categories Residential and Mixed Use DUNEDIN RE - RESIDENTIAL ESTATE RS - RESIDENTIAL SUBURBAN RL - RESIDENTIAL LOW RU - RESIDENTIAL URBAN RLM - RESIDENTIAL LOW MEDIUM RM - RESIDENTIAL MEDIUM RH - RESIDENTIAL HIGH R/OL- RESIDENTIAL/OFFICE LIMITED R/OG- RESIDENTIAL/OFFICE GENERAL R/O/R- RESIDENTIAL/OFFICE/RETAIL RFH- RESORT FACILITIES HIGH Commercial CN - COMMERCIAL NEIGHBORHOOD CL - COMMERCIAL LIMITED CG - COMMERCIAL GENERAL CBD - CENTRAL BUSINESS DISTRICT Industrial IL - INDUSTRIAL LIMITED IG - INDUSTRIAL GENERAL Urban Support P - PRESERVATION R/OS - RECREATION/OPEN SPACE INS - INSTITUTIONAL T/U - TRANSPORTATION/UTILITY Special Designations CRD-COMMUNITY REDEVELOPMENT DISTRICT WATER - WATER/DRAINAGE FEATURE DRAINAGE FEATURE OVERLAY CLEARWATER PLANNING AREA OUTSIDE CLEARWATER CITY LIMITS Prepared by: Engineering Department / IT Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com BELLEAIR Item # 3 Scale:N.T.S. LARGO Attachment number 4 \nPage 2 of 4 City of Clearwater Area Map - Citywide Design Structure Citywide Design Structure Map #: A-14. 2012 ADDENDUM OLDSMAR Gulf Date: 6/13/2012 of W W City of Clearwater Mexico W Source: W Planning Department 6/12 W k SR-590 W DUNEDIN Legend _ W _ W _ Activity Centers _ W _ Destination Points W W _ _ ___ _ City / Pinellas County Parcels k _ W W _ _ W W Scientology Owned Parcels ST _ _ _ W Multi-Neighborhood Shopping Center GOU SR-60 _ _ _ Neighborhood Shopping Center BROW SAFETY HARBOR SR-60 US-19 ALT. COU _ _ _ _ _ Landmarks / Icons _ _ _ _ TURNER Neighborhood Character Features P Gateways Peach PINE PINEST P Designated Scenic Non-Com. Corridors Downtown Detail W DRUIDRD Scenic Corridors Corridors To Redevelop Corridors To Preserve PSTA Transit Routes Trails - Existing Trails - Proposed k Scenic Overlook View Corridor Clearwater Planning Area Outside Clearwater City Limits Florida Scenic Highway : Courtney Campbell Causeway (runs from McMullen-Booth Road to Veterans Expressway k (SR589) in Hillsborough County.) k Clearwater Harbor Prepared by: Information Technology Department ² Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 www.MyClearwater.com Disclaimer: Public information data is furnished by the City of Clearwater Engineering Department, and must be accepted and used by the recipient with the understanding that the data received was collected for the purpose of developing a graphic infrastructure inventory. As such, the City of Clearwater Item # 3 makes no warranties, expressed or implied, concerning the accuracy, BELLEAIR completeness, reliability, or suitability of this data for any other particular Scale:N.T.S. use. Furthermore, the City of Clearwater assumes no liability whatsoever associated with the use or misuse of such data. LARGO Attachment number 4 \nPage 3 of 4 City of Clearwater Comprehensive Plan 2008 Coastal Storm Area (Including Coastal High Hazard Area) Gulf of Mexico Map #: E-1A, 2012 ADDENDUM Date: 6/15/2012 Tampa Bay Regional Planning Council Source: Pinellas County / Feb 2012 This map is representational only. For complete information refer to Pinellas County Planning. Prepared by: Engineering Department Geographic Technology Division ² 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Disclaimer: Public information data is furnished by the City of Clearwater Engineering Department, and must be accepted and used by the recipient with the understanding that the data received was collected for the purpose of developing a graphic infrastructure inventory. As such, the City of Clearwater Item # 3 makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of this data for any other particular Scale:N.T.S. use. Furthermore, the City of Clearwater assumes no liability whatsoever associated with the use or misuse of such data. Attachment number 4 \nPage 4 of 4 City of Clearwater Comprehensive Plan 2008 Coastal Storm Area (Including Coastal High Hazard Area) Tampa Bay Map #: E-1B, 2012 ADDENDUM Date: 6/15/2012 Tampa Bay Regional Planning Council Source: Pinellas County / Feb 2012 This map is representational only. For complete information refer to Pinellas County Planning. Prepared by: Engineering Department Geographic Technology Division ² 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Disclaimer: Public information data is furnished by the City of Clearwater Engineering Department, and must be accepted and used by the recipient with the understanding that the data received was collected for the purpose of developing a graphic infrastructure inventory. As such, the City of Clearwater Item # 3 makes no warranties, expressed or implied, concerning the accuracy, completeness, reliability, or suitability of this data for any other particular Scale:N.T.S. use. Furthermore, the City of Clearwater assumes no liability whatsoever associated with the use or misuse of such data. Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amendments to the Community Development Code addressing the general provisions of the Code, docks, fences and walls, tree removal permits, temporary uses, Level One (minimum development standards) approvals, and definitions and pass Ordinance 8349-12 on first reading. SUMMARY: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions about being business friendly, streamline development application processes and enable greater signage flexibility. City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff prepared a text amendment to the Community Development Code (CDC) addressing the more straightforward recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meeting of December 20, 2011, at which time the Board recommended the approval of the amendment. City Council passed and adopted the Ordinance on second reading on February 2, 2012. Staff is now proposing a second text amendment to address further recommendations of the BTF or that would otherwise assist in fulfilling their goals, as well as additional items proposed by staff. Ordinance 8349-12 includes amendments addressing numerous sections of the CDC; some of which are a result of the recommendations of the BTF while others are initiated by staff. Below is a summary of the substantive amendments included in the ordinance. Increases the maximum amount of floor area able to be occupied by accessory uses to an overnight accommodation use in the § Tourist District from 10 percent to 15 percent through the Flexible Standard Development (FLS) process, and from 15 percent to 20 percent through the Flexible Development (FLD) process; Establishes the Retail Plazas use in the Commercial (C), Tourist (T), and Downtown (D) Districts within all available use § tiers. The use allows for interchangeability between certain uses within a retail shopping center development; Separates the Bars use from the current Nightclubs, Taverns and Bars use, and provides for definitions that distinguish the uses § from one another; Expands the Mixed Use into the Minimum Standard and Flexible Standard Development (FLS) tiers of the Commercial (C) § District; Modifies the lot area, lot width, maximum height, front setback and/or rear setback for the Office, Restaurant, and Retail Sales § and Services uses within the Flexible Standard Development (FLS) tier of the Commercial (C), Tourist (T), and/or Office (O) Districts so that more applications may be processed administratively; The off-street parking requirements for Assisted Living, Community Residential Homes, Detached Dwellings, Medical § Clinics, Nursing Homes, and Offices are modified to be consistent throughout the CDC; The off-street parking requirement for Restaurants is reduced from 15 to 12/1,000 square feet of gross floor area with the § exception of the Downtown (D) District where the parking is reduced from 12 to 10/1,000. The reductions in off-street parking rates are based upon staff experience with development proposals, as well as comparisons to other municipal codes and Institute of Traffic Engineers (ITE) parking generation data; Allows the establishment of Restaurant and/or Retail Sales and Services uses on those properties within the Retail and § Beach by Design Restaurant District of without the provision of off-street parking; Allows swimming pools/decks that are accessory to an Attached Dwellings, Overnight Accommodations, or Resort Attached § Dwellings use on Clearwater Beach to be permitted with a rear setback of zero feet; Cover Memo Clarifies that only one dock structure is permitted for a single-family or two-family dwelling; § Item # 4 Numerous changes clarifying the provisions of Article 3, Division 8, Fences and Walls; and § Establishes the temporary use, Temporary Buildings During Construction to allow businesses that are in the midst of § renovations to be able to bring temporary buildings onto the site and still be able to function/operate. The CDB reviewed the proposed text amendment at its meeting of July 17, 2012. The Board unanimously recommended the amendment for approval. Review Approval: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 43 ORDINANCE NO. 8349-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, CHART 2-100 PERMITTED USES, TO ADD BARS AND RETAIL PLAZAS AS PERMITTED USES, AND TO RESTATE THE NIGHTCLUBS, TAVERNS AND BARS USE AS NIGHTCLUBS AND RESTATE THE ANIMAL GROOMING AND OR BOARDING USE AS ANIMAL BOARDING, AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) DISTRICT; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 4, MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT (MHDR), TO MODIFY CERTAIN OFF-STREET PARKING REQUIREMENTS AND TO DELETE THE RESIDENTIAL SHELTERS USE FROM THE DISTRICT AND DELETE ASSOCIATED FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, ADD A FOOTNOTE PERTAINING TO SCHOOLS, AMEND A FOOTNOTE PERTAINING TO EDUCATIONAL FACILITIES, GOVERNMENTAL USES, MEDICAL CLINICS AND SOCIAL COMMUNITY CENTERS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS, RETAIL PLAZAS, AND ANIMAL BOARDING; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT (T), TO DELETE THE DENSITY DEVELOPMENT STANDARD FOR ALL USES, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS, AS WELL AS TO ADD A FOOTNOTE ALLOWING FOR NO PARKING REQUIREMENT FOR CERTAIN USES WITHIN THE RETAIL/RESTAURANT CHARACTER DISTRICT OF BEACH BY DESIGN, AND A FOOTNOTE ALLOWING A REDUCED SETBACK FOR SWIMMING POOLS/DECKS WHEN ACCESSORY TO ATTACHED DWELLINGS, OVERNIGHT ACCOMMODATIONS OR RESORT ATTACHED DWELLINGS USES; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 9, DOWNTOWN DISTRICT (D), TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR BARS AND RETAIL PLAZAS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 10, OFFICE DISTRICT (O), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING LOTS, AND TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 12, INSTITUTIONAL DISTRICT (I), TO RESTRICT RESIDENTIAL SHELTERS FROM LOCATING WITHIN THE CLEARWATER DOWNTOWN REDEVELOPMENT PLAN AREA; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 13, INDUSTRIAL RESEARCH AND TECHNOLOGY DISTRICT (IRT), TO DELETE A FOOTNOTE PERTAINING TO SETBACKS FOR PARKING Item # 4 Attachment number 1 \nPage 2 of 43 LOTS, TO MODIFY VARIOUS DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA, AND MODIFY FOOTNOTES PERTAINING TO OFFICE, VEHICLE SALES/DISPLAYS, MAJOR VEHICLE SALES/DISPLAYS, AND/OR VEHICLE SERVICE USES, AND TO ESTABLISH DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR ANIMAL BOARDING AND BARS AS WELL AS TO ADD A NEW FOOTNOTE REGARDING BARS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 6, DOCK/MARINA STANDARDS, TO CLARIFY THAT IN NO EVENT SHALL MORE THAN ONE DOCK STRUCTURE BE LOCATED AT A SINGLE-FAMILY OR TWO-FAMILY DWELLING; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 8, FENCES AND WALLS, TO MODIFY OR ESTABLISH REGULATIONS PERTAINING TO HEIGHT REQUIREMENTS, LANDSCAPING, CORNER AND DOUBLE FRONTAGE LOTS, CHAINLINK FENCES, VACANT LOTS, SUBDIVISIONS, AND RETAINING WALLS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 12, LANDSCAPING/TREE PROTECTION, SECTION 3-1205, TREE PROTECTION, TO PROVIDE FOR AN EXPIRATION TO TREE REMOVAL PERMITS; AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 21, TEMPORARY USES, TO ALLOW FOR A NEW TEMPORARY USE, TEMPORARY BUILDINGS DURING CONSTRUCTION, AND APPROPRIATE REGULATIONS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 3, PERMITTED USES: LEVEL ONE, TO ALLOW FOR CHANGES OF USE WHEN CONFORMANCE WITH APPLICABLE REQUIREMENTS MAY NOT BE POSSIBLE OR PRACTICABLE; AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, TO AMEND THE DEFINITIONS FOR ANIMAL GROOMING OR BOARDING USES, RETAIL SALES AND SERVICES, AND LIMITED VEHICLE SERVICE, DELETE THE DEFINITION FOR NIGHTCLUBS, TAVERNS AND BARS, AND ADD DEFINITIONS FOR BARS, NIGHTCLUBS, RETAIL PLAZAS, AND TEMPORARY BUILDINGS DURING CONSTRUCTION; 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, since the effective date of the new Community Development Code, the City of Clearwater has reviewed numerous development proposals in all of the new zoning districts in all parts of the City that utilize the Minimum Standard, Flexible Standard and Flexible levels of review, and WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City, and WHEREAS, the City of Clearwater has determined where the Community Development Code needs clarification and revision, Item # 4 Ordinance No. 8349-12 Page 2 Attachment number 1 \nPage 3 of 43 WHEREAS, the Clearwater Business Task Force was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development, and WHEREAS, The Clearwater Business Task Force submitted to City Council on August 29, 2011, a final report that consisted of 71 recommendations to change public perceptions , 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: CHART 2-100 PERMITTED USES Use Categories LDR LMDR MDR MHDR HDR MHP C T D O I IRT OSR P CRNCOD IENCOD Residential Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Nonresidential Adult uses X X Airport X Alcoholic beverage sales X X X Animal grooming and or boarding X X X Assisted living facilities X X X X Automobile service stations X X Bars X X X X Cemeteries X Comprehensive infill redevelopment project (CIRP) X X X X X X X Congregate care X X X X Convention center X Educational facilities X X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Item # 4 Ordinance No. 8349-12 Page 3 Attachment number 1 \nPage 4 of 43 Medical clinic X X X X Mixed use X X X X Nightclubs, taverns and bars X X X X Non-residential off-street parking X X X X Nursing homes X X X X Offices X X X X X X Off-street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor retail sales, display and/or storage X X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self-storage warehouse X X Social and community centers X X X X Social/public service agencies X X X X Telecommunications towers X X X X X TV/radio studios X X Utility/infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale/distribution/warehouse facility X Item # 4 Ordinance No. 8349-12 Page 4 Attachment number 1 \nPage 5 of 43 Section 2. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-402, Minimum Standard Development, Table 2-402 Community Development Code, be, and the same is hereby amended to read as follows: Table 2-402. "MHDR" Minimum Standard Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area Width (ft.) (ft.) Parking Front Side Rear(1) (sq. ft.) Attached Dwellings 15,000 150 25 10 15 30 2/unit Community Residential 5,000 50 25 10 15 30 1.5/unit Homes (6 or fewer residents) 2/unit Detached Dwellings 15,000 150 25 10 15 30 1.5/unit 2/unit (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. Section 3. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-403, Flexible Standard Development, Table 2-403 be, and the same is hereby amended to read as follows: Table 2-403. "MHDR" Flexible Standard Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area Width (ft.) (ft.) Parking Front Side Rear(1) (sq. ft.) Assisted Living Facilities 15,000 150 25 10 15 3040 1/1000 sq. ft. 1 per 2 residents Attached Dwellings 15,000 150 25 10 1015 3050 2/unit Community Residential 5,000 50 1525 510 515 3040 1 per 2 residents Homes (up to 14 residents) Detached Dwellings 5,000 50 25 510 515 3040 1.5/unit 15,000 150 2/unit Nursing Homes 15,000 150 25 10 15 3040 1/1,000 sq. ft. 1 per 2 residents Overnight Accommodations 15,000 150 25 10 15 3040 1/unit Schools 40,000 200 25 10 15 3040 1/3 students Utility/Infrastructure n/a n/a 25 10 15 n/a n/a Facilities(2) (1) The Building Code may require the rear setback on a waterfront lot to be at least 18 feet from any seawall. (2) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. Section 4. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Table 2- Item # 4 Ordinance No. 8349-12 Page 5 Attachment number 1 \nPage 6 of 43 Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-404. "MHDR" Flexible Development Use Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area Width (ft.) (ft.) Parking Front Side Rear(1) (sq. ft.) Attached Dwellings 15,000 150 1525 010 1015 3050 2/unit Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential Off-Street n/a n/a 25 5 10 n/a n/a Parking(2) Overnight Accommodations 15,000 150 1525 010 1015 30 1/unit Parks and recreation n/a n/a 35 20 25 30 1 per 20,000 SF facilities land area or as determined by the community development coordinator based on the ITE Manual standards Residential Infill Projects(3) n/a n/a 1025 010 015 30 2/unit Residential Shelters 15,000 150 25 10 15 30 2/1,000 GFA Section 5. That Article 2, Zoning Districts, Division 4, Medium High Density Residential District (MHDR), Section 2-404, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility Criteria: * * * * * * * * * * G. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing or wholesale sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that no light fixture casts light directly on to adjacent land used for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. Section 6. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-702, Minimum Standard Development, Table 2-Minimum Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-702. "C" District Minimum Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area Width (ft.) (ft.) Front Side Rear Parking Spaces (sq. ft.) (ft.) (ft.) (ft.) Item # 4 Ordinance No. 8349-12 Page 6 Attachment number 1 \nPage 7 of 43 Governmental Uses(1) 10,000 100 252510 204/1,000 SF GFA Indoor Recreation/ 10,000 100 252510 205/1000 SF GFA or Entertainment 5/lane, 2/court or 1/machine Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements Offices 10,000 100 252510 204/1,000 SF GFA 3/1,000 SF GFA Overnight Accommodations 40,000 200 252510 201/unit Parks and Recreational n/a n/a 252510 201 per 20,000 SF Facilities land area or as determined by the community development coordinator based on ITE Manual standards Places of Worship 40,000 200 252510 201 per 2 seats Restaurants 10,000 100 252510 2015 12/1,000 SF GFA Retail Plazas 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services 10,000 100 252510 205/1,000 SF GFA Social and Community 10,000 100 252510 205/1,000 SF GFA Centers Vehicle Sales/Display 40,000 200 252510 202.5/1,000 SF Lot Sales Area (1) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to institutional which shall include such uses and all contiguous like uses. Section 7. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Table 2- Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-703. "C" District Flexible Standard Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area Width (ft.) (ft.) Front Side Rear Parking Spaces (sq. ft.) (ft.)* (ft.) (ft.) 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 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students Governmental Uses(1) 10,000 100 2550 25 10 20 4 spaces per 1,000 GFA Item # 4 Ordinance No. 8349-12 Page 7 Attachment number 1 \nPage 8 of 43 Indoor 5,00050100 25 25 10 20 35/1000 SF Recreation/Entertainment 10,000 GFA or 35/lane, 12/court or 1/machine Medical Clinics(1) 10,000 100 25 25 10 20 235/1,000 GFA Mixed Use 5,000 50 100 25 50 25 0 10 10 20 Based upon 10,000 specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 5,000 3,500 50 30 100 2550 25 010 1020 3 4 spaces 10,000 per 1,000 GFA 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, 20,000 100 25 25 10 20 5 per 1,000 SF of Display and/or Storage outdoor display area Overnight Accommodations 20,000150200 2550 25 010 1020 1 per unit 40,000 Places of Worship(2) 20,000 100200 2550 25 10 20 .5-1 per 2 seats 40,000 Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities(3) Restaurants 5,000 3,500 50 30 100 25 35 50 25 010 1020 7 15 12 spaces 10,000 per 1,000 GFA Retail Plazas 15,000 100 25 50 25 010 1020 4 spaces per 1,000 GFA Retail Sales and Services 5,000 3,500 50 30 100 25 35 50 25 010 1020 45 spaces per 10,000 1,000 GFA Schools (5) 40,000 200 25 25 0-10 10-20 1 per 3 students Social and Community 3,50035100 2535 25 010 1020 45 spaces per Centers (1) 10,000 1,000 GFA Utility/Infrastructure n/a n/a 20 25 10 20 n/a Facilities(4) Vehicle Sales/Displays 20,000150200 25 25 10 20 2.5 spaces per 40,000 1,000 of lot sales area Veterinary Offices or Animal 10,000 100 25 25 10 20 4 spaces per Grooming and Boarding 1,000 GFA * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Educational facilities, Governmental uses, Medical clinics and Social and community centers uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Places of worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which Item # 4 Ordinance No. 8349-12 Page 8 Attachment number 1 \nPage 9 of 43 shall include such uses and all contiguous like uses. (4) Utility/Infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) In the Commercial Neighborhood (CN), Commercial Limited (CL) and Commercial General (CG) land use categories, Schools shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 8. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria : * * * * * * * * * * E. Bars. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The parcel proposed for development is not located within 500 feet of a parcel of land used for purposes of a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the stand alone bar is unlikely to have an adverse impact on such school or use as a place of worship. * * * * * * * * * * J. Mixed use. 1. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles. b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design appearance and landscaped areas are in excess of the minimum required. 3. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance. * * * * * * * * * * I K. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping area in excess of the minimum required or improved design and appearance. b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. Item # 4 Ordinance No. 8349-12 Page 9 Attachment number 1 \nPage 10 of 43 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building are for storage or other non-parking demand generation purposes. 3. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. * * * * * * * * * * L N. Outdoor retail sales, display and/or storage. * * * * * * * * * * 7. The parcel proposed for outdoor storage or display fully conforms to the requirements of Article 3, Division 7 12 in regard to landscaping; * * * * * * * * * * T. Retail plazas. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 3. Restaurants within the retail plaza may occupy up to 25% of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 4. All retail plaza buildings, including outparcels, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * V X. Veterinary offices, or animal grooming/boarding. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Table 2- Community Development Code, be, and the same is hereby amended to read as follows: Table 2-704. "C" District Flexible Development Standards Use Min. Lot Min. Lot Max. Height Min. Min. Min. Min. Off-Street Area Width (ft.) Front Side Rear Parking (sq. ft.) (ft.) (ft.) (ft.) (ft.) Alcoholic Beverage Sales 5,00050100 25 1525 010 1020 5 per 1,000 GFA 10,000 Animal Boarding 5,000 50 100 25 15 25 0 10 10 20 4 spaces per Item # 4 Ordinance No. 8349-12 Page 10 Attachment number 1 \nPage 11 of 43 10,000 1,000 GFA Bars 5,000 50 100 25 15 25 0 10 10 20 10 per 1,000 GFA 10,000 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 3,50030100 2550 1525 010 1020 35/1000 SF Recreation/Entertainment 10,000 GFA or 35/lane, 12/court or 1/machine Light Assembly 5,00050100 25 1525 010 1020 45 spaces per 10,000 1,000 GFA Limited Vehicle Service 5,00050100 25 1525 010 1020 45 spaces per 10,000 1,000 GFA Marinas and Marina 5,00050 25 25 10 20 1 space per 2 slips Facilities 20,000 Mixed Use 5,00050100 2550 1525 010 1020 45 spaces per 10,000 1,000 GFA and 2 spaces per residential unit Based upon specific use requirements Nightclubs 5,00050100 25 1525 010 1020 10 per 1,000 GFA 10,000 Offices 3,50030100 2550 1525 010 1020 3 - 4 spaces per 10,000 1,000 GFA 3/1,000 SF GFA Off-Street Parking 10,000 100 n/a 1525 010 1020 n/a Outdoor 20,000 100 25 1525 10 1020 110 per 1,000 Recreation/Entertainment SQ FT of land area or as determined by the community development coordinator based on ITE Manual standards Overnight Accommodations 20,000100200 2550 1525 010 1020 1 per unit 40,000 Problematic Uses 5,000 50 25 1525 10 1020 5 spaces per 1,000 SF GFA Restaurants 3,50035100 2550 1525 010 1020 7 15 12 spaces 10,000 per 1,000 GFA Retail Plazas 15,000 100 25 50 15 25 010 1020 4 spaces per 1,000 GFA Retail Sales and Services 3,50030100 2550 1525 010 1020 45 spaces per 10,000 1,000 GFA RV Parks 40,000 200 25 1525 20 1020 1 space per RV Item # 4 Ordinance No. 8349-12 Page 11 Attachment number 1 \nPage 12 of 43 space Schools (2) 30,000-100-200 25-50 15-25 0-10 10-20 1 per 3 students 40,000 Self Storage 20,000 100 25 1525 10 1020 1 per 20 units plus 2 for manager's office Social/Public Service 5,00050100 2550 1525 010 1020 34 spaces per Agencies(1) 10,000 1,000 GFA Telecommunication Towers 10,000 100 Refer to 25 10 20 n/a section 3- 2001 Vehicle Sales/Displays 10,000100200 25 1525 10 1020 2.5 spaces per 40,000 1,000 SQ FT of lot area Veterinary Offices or 5,00050100 25 1525 010 1020 4 spaces per Grooming and Boarding 10,000 1,000 GFA (1) Social/public service agencies shall not exceed five acres. (2) In the Commercial Neighborhood (CN), Commercial Limited (CL) and Commercial General (CG) land use categories, Schools shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Section 10. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexible development. * * * * * * * * * * B. Animal boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. 5. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity. 6. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. 7. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. C. Bars. Item # 4 Ordinance No. 8349-12 Page 12 Attachment number 1 \nPage 13 of 43 1. Location: a. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; b. The parcel is not located within 500 feet of a parcel of land used for a place of worship or a public or private school unless the intervening land uses, structures or context are such that the location of the stand alone bar is unlikely to have an adverse impact on such school or use as a place of worship; c. The parcel has frontage on an arterial street but will not involve direct access to a major arterial street; 2. Lot area and width: The reduction in lot area and width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 3. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or improved design and appearance and landscaped areas are in excess of the minimum required. * * * * * * * * * * Q. Retail plazas. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required and/or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 3. Side and rear setback: a. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise required. 4. Restaurants within the retail plaza may occupy up to 25% of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All retail plaza buildings, including outparcels, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * U Y. Veterinary offices, grooming and boarding. * * * * * * * * * * Item # 4 Ordinance No. 8349-12 Page 13 Attachment number 1 \nPage 14 of 43 Section 11. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Table 2-Community Development Code, be, and the same is hereby amended to read as follows: Table 2-802. "T" District Flexible Standard Development Standards (1) Use Min. Lot Min. Lot Max. Min. Setbacks Density Min. Off-Street (1)(1) Area Width Height (ft.) Parking (sq. ft.) (ft.) (ft.) Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 30 1/unit units/acre Alcoholic Beverage Sales 5,000 50 35 1015 10 20 n/a 5 per 1,000 GFA (6) Attached Dwellings 10,000 100 3550 1015 10 1020 30 2 per unit units/acre Bars 5,000 50 35 15 10 20 10 per 1,000 GFA (2) Governmental Uses 10,000 100 3550 1015 010 1020 n/a 34/1,000 GFA Indoor 5,000 50 35 100 015 010 20 n/a 10 per 1,000 GFA Recreation/Entertainment 50 Medical Clinic 10,000 100 30 35 1015 10 20 20 235/1,000 GFA 50 Mixed Use 5,000 50100 3550 015 010 1020 30 Based upon 10,000 units/acre specific use requirements Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000 GFA Non-Residential Off-Street n/a n/a n/a 25 5 10 n/a n/a Parking Offices 5,000 50 100 35 50 10 0 010 1020 n/a 3 4 spaces per 10,000 15 1,000 GFA 3/1,000 SF GFA Outdoor 5,000 50 35 1015 10 20 n/a 2.5 spaces per Recreation/Entertainment 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 1003550 1015 010 1020 40 1.2 per unit 150 rooms/acr e Parking Garages and Lots 20,000 100 50 1525 10 1020 n/a n/a Parks and Recreation n/a n/a 50 25 10 20 n/a 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a n/a (3) Facilities Item # 4 Ordinance No. 8349-12 Page 14 Attachment number 1 \nPage 15 of 43 Resort Attached 10,000 100 3550 1015 10 1020 30 1.5 per unit (6) Dwellings units/acre Restaurants 5,000 50100 2535 10 0 010 1020 n/a 7 15 12 spaces (5) 10,000 35 50 15 per 1,000 GFA Retail Plazas 15,000 100 35 50 0 15 010 1020 4 spaces per 1,000 GFA Retail Sales and Services 5,000 50100 35 50 10 0 010 1020 n/a 45 spaces per (5) 10,000 15 1,000 GFA Social and Community 5,00050100 3550 1015 010 1020 n/a 45 spaces per Center 10,000 1,000 GFA Utility/Infrastructure n/a n/a n/a 25 10 10 n/a n/a (4) Facilities (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) Governmental uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by Design, off-street parking shall not be required. (6) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater Beach are permitted a rear setback of zero feet. Section 12. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 802, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: A. Accessory dwellings. 1. One accessory dwelling that is subordinate and accessory to a principal permitted use. 2. Title to the accessory dwelling is vested in the ownership of the principal use. 3. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. * * * * * * * * * * D. Bars. 1. Location. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * I K. Offices. Item # 4 Ordinance No. 8349-12 Page 15 Attachment number 1 \nPage 16 of 43 1. The use of the parcel proposed for development fronts on but will not involve direct access to a major arterial street; 2. All signage is a part of the comprehensive sign program; 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 3 2. The design of all buildings complies with the Tourist District design guidelines in Article 3, Division 5. 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic streetlife; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks results in landscaped areas in excess of the minimum required. 5. Off-street parking: a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; b. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 6 4. Height: The increased height results in an improved site plan or improved design and appearance. * * * * * * * * * * K M. Overnight accommodations. * * * * * * * * * * 10. Accessory uses. * * * * * * * * * * b. The maximum floor area for accessory uses located within the building interior shall be limited to ten 15 percent of the gross floor area of the development; * * * * * * * * * * P R. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan and/or improved design and appearance; 4 3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel Item # 4 Ordinance No. 8349-12 Page 16 Attachment number 1 \nPage 17 of 43 proposed for development unless such signage is a part of an approved comprehensive sign program; 54. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 65. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate off-street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14; c. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. 76. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3 * * * * * * * * * * S. Retail plazas. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. Item # 4 Ordinance No. 8349-12 Page 17 Attachment number 1 \nPage 18 of 43 Q T. Retail sales and services. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan or improved design and appearance; 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 54. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * Section 13. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Table 2-pment Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-803. "T" Flexible Development Standards (1) Use Min. Lot Min. Lot Max. Min. Min. Min. Density Min. Off-Street Area Width Height Front Side Rear Parking (1)(1)(1)(1) (sq. ft.) (ft.) (ft.) (ft.) (ft.) (ft.) Alcoholic Beverage Sales 5,000 50 35100 015 010 1020 n/a 5 per 1,000 GFA (3) Attached Dwellings 5,000 50100 35100 015 010 1020 30 2 per unit 10,000 units/acre Item # 4 Ordinance No. 8349-12 Page 18 Attachment number 1 \nPage 19 of 43 Bars 5,000 50 35100 015 010 1020 10 per 1,000 GFA Comprehensive Infill n/a n/a n/a n/a n/a n/a 30 2 spaces per Redevelopment Project units/acre; attached dwelling 40 unit and as rooms/acre determined Determined by the community development coordinator for all other uses based on the specific use and/or ITE Manual standards Limited Vehicle Sales and 5,000 50 35100 015 010 1020 n/a 45 spaces per Display 1,000 GFA Marinas and Marina 5,000 50 25 1015 010 1020 n/a 1 space per 2 slips Facilities Mixed Use 5,00050100 35100 015 010 020 30 Based upon 10,000 units/acre specific use requirements Nightclubs 5,000 50 35100 015 010 1020 n/a 10 per 1,000 GFA Offices 5,000 50 100 35100 015 010 1020 n/a 3 - 4 spaces per 10,000 1,000 GFA 3/1,000 SF GFA Outdoor 5,000 50 35 515 010 1020 n/a 2.5 spaces per Recreation/Entertainment 1,000 SQ FT of lot area or as determined by the community development coordinator based on ITE Manual standards Overnight 10,00010035100 015 010 020 40 1-1.2 per unit (3) Accommodations 150 rooms/acre 20,000 Resort Attached 5,00050100 35100 015 010 1020 30 1.5 per unit (3) Dwellings 10,000 units/acre Restaurants 5,000 50100 25100 015 010 1020 n/a 7 15 12 spaces (2) 10,000 per 1,000 GFA Retail Plazas 15,000 100 35 100 0 15 010 1020 4 spaces per 1,000 GFA Retail Sales and Services 5,000 50100 35100 015 010 1020 n/a 45 spaces per (2) 10,000 1,000 GFA (1) Specific standards for the Old Florida District and the Marina District that supersede the above regulations are set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines. (2) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by Design, off-street parking shall not be required. (3) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater Beach are permitted a rear setback of zero feet. Item # 4 Ordinance No. 8349-12 Page 19 Attachment number 1 \nPage 20 of 43 Section 14. That Article 2, Zoning Districts, Division 8, Tourist District (T), Section 2- 803, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * C. Bars. 1. Location. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. Height: The increased height results in an improved site plan and/or improved design and appearance; 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * G H. Offices. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 2. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 3. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 4 3. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 54. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; Item # 4 Ordinance No. 8349-12 Page 20 Attachment number 1 \nPage 21 of 43 b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14. 65. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. * * * * * * * * * * I. Overnight accommodations. * * * * * * * * * * 11. Accessory uses. * * * * * * * * * * b. The following shall apply to required parking for accessory uses: i. Accessory uses located within the building interior may occupy between ten 15 percent and 15 20 percent of the gross floor area of the development, but only when additional parking is provided for that portion of the accessory uses which exceeds ten 15 percent. The required amount of parking shall be calculated by using the minimum off-street parking development standard for the most intensive accessory use(s). Where there is a range of parking standards, the lowest number of spaces allowed shall be used to calculate the additional amount of off-street parking required for the project. In projects where the interior accessory uses exceed 15 20 percent of the building gross floor area, all interior accessory uses shall be considered additional primary uses for purposes of calculating development potential and parking requirements. * * * * * * * * * * K L. Restaurants. 1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 2. Location: The use of the parcel proposed for development will not involve direct access to a major arterial street; 32. Height: The increased height results in an improved site plan and/or improved design and appearance; 4. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of a comprehensive sign program; 53. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setback does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improved design and appearance; 64. Off-street parking: Item # 4 Ordinance No. 8349-12 Page 21 Attachment number 1 \nPage 22 of 43 a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building for storage or other non-parking demand-generating purposes; b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces; c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and committed parking facilities or the shared parking formulas in Article 3, Division 14. 75. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. M. Retail plazas. 1. Height: The increased height results in an improved site plan or improved design and appearance; 2. Setbacks: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance; c. The reduction in side and rear setbacks does not prevent access to the rear of any building by emergency vehicles; d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or improved design and appearance; e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise required. 3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3. 4. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * Section 15. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Table 2-Community Development Code, be, and the same is hereby amended to read as follows: Table 2-902. "D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off-Street Parking Accessory Dwellings n/a n/a Alcoholic Beverage Sales 3050 35 per 1,000 GFA Attached Dwellings 3050 1-1.5 per unit Bars 30 50 3 10 per 1,000 GFA Item # 4 Ordinance No. 8349-12 Page 22 Attachment number 1 \nPage 23 of 43 Convention Center 30 50 5 per 1,000 GFA Indoor Recreation/Entertainment Facility 3050 35 per 1,000 GFA(1) Mixed Use 3050 Based upon specific use requirements Nightclubs 3050 310 per 1,000 GFA Offices 3050 13 per 1,000 GFA(1) Overnight Accommodations 3050 .751 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 3050 .51 per 2 seats Public Transportation Facilities 10 n/a Restaurants 3050 5 15 10 per 1,000 GFA(1) Retail Plazas 30 50 4 per 1,000 GFA Retail Sales and Service 3050 24 per 1,000 GFA(1) Social and Community Centers 3050 24 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 16. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-902, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * D Bars. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. Off-street parking: a. The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or the physical context, including adjacent buildings and uses are such that there is a high probability that patrons will use modes of transportation other than the automobile to access the use; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development or parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 3, Division 14; 3. Design: a. All street frontage is designed and used for commercial purposes; b. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * Item # 4 Ordinance No. 8349-12 Page 23 Attachment number 1 \nPage 24 of 43 P. Retail plazas. 1. Height: The increased height results in an improved site plan and/or improved design and appearance; 2. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 3. Restaurants within the shopping center may occupy up to 25% of the total gross floor area of the shopping center. Any restaurant, or fraction thereof, that exceeds 25% must provide off-street parking at a rate consistent with the parking requirement for the restaurant use in the district. 4. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and architectural style. * * * * * * * * * * Section 17. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-903, Table 2-Community Development Code, be, and the same is hereby amended to read as follows: Table 2-903. "D" District Flexible Development Standards Use Max. Height Min. Off-Street (ft.) Parking Alcoholic Beverage Sales 30100 35 per 1,000 GFA Animal Boarding 30 4 per 1,000 GFA Attached Dwellings 30100 11.5 per unit Comprehensive Infill Redevelopment n/a Determined by the community development Project coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30100 4/1000 GFA Governmental Uses 30100 35 per 1,000 GFA (1) Indoor Recreation/Entertainment Facility 30100 35 per 1,000 GFA Limited Vehicle Sales and Display 30 24 per 1,000 GFA Marinas and Marina Facilities 30 1 space per 2 slips Mixed Use 30100 Based upon specific use requirements Nightclubs 30100 310 per 1,000 GFA (1) Offices 30100 13 per 1,000 GFA Overnight Accommodations 50100 .751 per unit Public Facilities 30100 12 per 1,000 GFA (1) Restaurants 30100 5 15 10 per 1,000 GFA (1) Retail Sales and Service 30100 24 per 1,000 GFA Social/Public Service Agencies 30100 34 per 1,000 GFA Telecommunication Towers Refer to Section 3-2001 n/a Veterinary Offices, and or Animal 30 4 per 1,000 GFA Grooming and Boarding Item # 4 Ordinance No. 8349-12 Page 24 Attachment number 1 \nPage 25 of 43 (1) For those existing buildings/properties with frontage on Cleveland Street that are located between Osceola Avenue and Myrtle Avenue that have no existing off-street parking spaces, nor the ability to provide any off- street parking spaces, the use(s) of the buildings/properties may be changed without the off-street parking that would otherwise be required for the change of use being provided. Section 18. That Article 2, Zoning Districts, Division 9, Downtown District (D), Section 2-903, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * B. Animal Boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use of the parcel does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. 5. The design of all buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * RS. Veterinary offices, and or animal grooming and boarding. * * * * * * * * * * Section 19. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1002, Minimum Standard Development, Table 2- Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1002. "O" District Minimum Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) Min. Off-Street Area Width (ft.) (ft.) Parking Front Side Rear (sq. ft.) Offices 10,000 100 30 25 20 10 20 3/1,000 sq. ft. GFA Parks and Recreation n/a n/a 50 25 10 20 1 per 20,000 SF Facilities land area or as determined by the community development director based on ITE Manual standards Places of Worship(1) 40,000 200 30 35 20 20 1 per 2 seats Schools 40,000 200 30 35 20 20 1/3 students (1) Places of Worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Item # 4 Ordinance No. 8349-12 Page 25 Attachment number 1 \nPage 26 of 43 Section 20. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1003, Flexible Standard Development, Table 2- Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1003. "O" District Flexible Standard Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) Min. Off-Street Area Width (ft.) (ft.) Parking Front* Side Rear (sq. ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Community Residential 6,000 60 30 25 10 10 1 per 2 residents Homes Educational Facilities 3,500 50 3050 25 10 20 23/1,000 GFA Medical Clinic 20,000 100 30 35 20 20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents Offices 3,500 50 100 3050 15 25 10 10 20 23/1,000 GFA 10,000 Off-Street Parking 3,500 50 n/a 25 10 20 n/a Places of Worship (1) 20,000 100200 3050 2535 1020 1020 1 per 2 seats 40,000 Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities (2) Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a TV/Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Utility/Infrastructure n/a n/a n/a 35 20 20 n/a Facilities (3) Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved design and appearance and landscaping is in excess of the minimum required. (1) Places of worship shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. (3) Utility/infrastructure facilities shall not exceed three acres. Any such use, alone or when added to contiguous like uses which exceed three acres shall require a land use plan map amendment to transportation/utility which shall include such uses and all contiguous like uses. Section 21. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1003, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Item # 4 Ordinance No. 8349-12 Page 26 Attachment number 1 \nPage 27 of 43 Flexibility criteria: * * * * * * * * * * F. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property; 2. No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely use of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. 4. Lot area and width: The reduction in lot area and/or width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development; 5. Front and rear setbacks: The reduction in front and/or rear setbacks result in an improved site plan, more efficient parking or improved design and appearance. * * * * * * * * * * J. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 32. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located. K. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located. 2. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located. * * * * * * * * * * Section 22. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1004, Flexible Development, Table 2- Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1004. "O" District Flexible Development Standards Use Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) Min. Off-Street Area Width (ft.) (ft.) Parking Front Side Rear (sq. ft.) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1/unit Item # 4 Ordinance No. 8349-12 Page 27 Attachment number 1 \nPage 28 of 43 Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by the Redevelopment Project community development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 3050 1535 1020 1020 5/1,000 GFA Mixed Use 3,500 50 3080 1535 1020 1020 23/1,000 GFA and 2 spaces per residential unit Based upon specific use requirements Nursing Homes 20,000 100 3050 1535 1020 1020 1 per 2 residents Offices 3,500 50 3080 1535 1020 1020 23/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a Telecommunication Towers 10,000 100 Refer to 25 10 20 n/a Section 3- 2001 TV/Radio Studios 20,000 100200 3580 1535 1020 1020 35/1,000 GFA 40,000 Section 23. That Article 2, Zoning Districts, Division 10, Office District (O), Section 2- 1004, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: A. Accessory dwellings. One accessory dwelling, which is subordinate and accessory to a principal permitted use provided that: 1. Title to the accessory dwelling is vested in the ownership of the principal use; 2. The floor area of the accessory dwelling does not exceed 25 percent of the floor area of the principal use. * * * * * * * * * * F. Offices. 1. Height: a. The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; b. The increased height will not reduce the vertical component of the view from any adjacent residential property. 2. Sign: No sign of any kind is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program. 3. Off-street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes. Item # 4 Ordinance No. 8349-12 Page 28 Attachment number 1 \nPage 29 of 43 4. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. 5. Side and rear setbacks: a. The reduction in side and/or rear setback does not prevent access to the rear of any building for emergency access; b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking or improved design and appearance and landscaping in excess of the minimum required. G. Restaurants. 1. The use is located in a building which is primarily used for office purposes; 2. The restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 3. The total floor area devoted to retail sales and service use and restaurant does not occupy more than ten percent of the floor area of the building in which it is located; 4. The use of the parcel proposed for development will not involve direct access to a major arterial street. H. Retail sales and services. 1. The use is located in a building which is primarily used for office purposes; 2. The retail sales and service use does not occupy more than ten percent of the floor area of the building in which it is located; 3. No sign of any kind related to the retail sales and service use is designed or located so that any portion of the sign is more than six feet above the finished grade of the front lot line of the parcel proposed for development unless such signage is a part of an approved comprehensive sign program; 4. The use of the parcel proposed for development will not involve direct access to a major arterial street. * * * * * * * * * * Section 24. That Article 2, Zoning Districts, Division 12, Institutional District (I), Section 2-1203, Flexible Standard Development, subsection K, Residential Shelters, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * K. Residential shelters. 1. The parcel proposed for development does not abut a manufacturing, wholesale sales and service use wholesale/distribution/warehouse facility, office or retail sales and service use; 2. The parcel proposed for development is located within 600 feet of a transit line; 3. The parcel proposed for development is not located within 1,500 feet of another residential shelter; 4. All outdoor lighting is designed and located so that light fixtures do not cast light directly on to adjacent land use for residential purposes; 5. The residential shelter does not involve outdoor eating or sleeping facilities. 6. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance and landscaping exceeds the minimum required. Item # 4 Ordinance No. 8349-12 Page 29 Attachment number 1 \nPage 30 of 43 7. Rear setback: The reduction in rear setback is necessary to preserve protected trees and/or results in an improved site plan or more efficient design and appearance and landscaping exceeds the minimum required. 8. The parcel is not located within the Clearwater Downtown Redevelopment Plan area. * * * * * * * * * * Section 25. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1302, Minimum Standard Development, Table 2- District Minimum Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1302. "IRT" District Minimum Standard Development Standards Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Street Area Width (ft.) (ft.) (ft.) Parking (sq. ft.) Front Side/ Rear Accessory Dwellings 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Indoor Recreation/Entertainment(2) 20,000 200 20 15 50 5/1,000 SF GFA or 5/lane, 2/court or 1/machine Manufacturing(3) 20,000 200 20 15 50 1.5/1,000 SF GFA Offices(4) 20,000 n/a 200 n/a 20 n/a 15 n/a 50 n/a 3/1,000 SF GFA n/a Outdoor Storage (accessory use)(5) n/a n/a n/a n/a n/a n/a Parks and Recreation Facilities n/a n/a 25 10/20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on the ITE Manual standards Publishing and Printing 20,000 200 20 15 50 3/1,000 SF GFA Research and Technology 20,000 200 20 15 50 2/1,000 SF GFA Restaurants(6) 10,000 200 100 20 15 50 15 12 spaces per 1,000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service(7) 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution/ 20,000 200 20 15 50 1.5/1,000 SF GFA Warehouse Facility (1) Government uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. Item # 4 Ordinance No. 8349-12 Page 30 Attachment number 1 \nPage 31 of 43 (2) Indoor recreation/entertainment uses, when alone or added to existing contiguous like uses, and when not part of a master development plan, shall not exceed five acres. This restriction applies when used in the Industrial Limited (IL) Countywide future land use plan category. (3) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (4) Offices located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Offices located in the Industrial Limited (IL) future land use category are not permissible as a Minimum Standard Development. (5) Outdoor storage within the required front yard setback shall be prohibited. Such outdoor storage areas shall be limited to not more than 30 percent of the subject lot or parcel and shall be completely screened from view from all adjacent residential zoned properties and/or public rights-of-way by a solid wall/fence six feet in height. Items stored within outdoor storage areas shall not exceed six feet in height and/or shall not be otherwise visible from adjacent residentially zoned property and/or public rights-of-way. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Vehicle service located in the Industrial General (IG) future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. Vehicle service located in the Industrial Limited (IL) future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. Section 26. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Table 2- District Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1303. "IRT" District Flexible Standard Development Standards Uses Min. Lot Min. Lot Min. Setbacks Max. Height Min. Off-Street Area Width (ft.) (ft.) (ft.) Parking (sq. ft.) Front* Side/ Rear Animal Boarding 10,000 100 20 15 30 5/1,000 SF GFA Automobile Service Stations(1) 20,000 100 20 15 30 4/1000 SF GFA Major Vehicle Service(1) 20,000 100 20 15 30 4/1000 SF GFA Manufacturing(2) 10,000 100 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Recreation/Entertainment(3) 40,000 200 20 15 30 110/1,000 SF Land Area or as determined by the community development coordinator based on ITE Manual standards Item # 4 Ordinance No. 8349-12 Page 31 Attachment number 1 \nPage 32 of 43 Outdoor Storage 10,000 100 20 15 30 3/1,000 SF GFA Parking Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 12 per 1,000 GFA Public Transportation Facilities(4) n/a n/a n/a n/a 10 n/a Publishing and Printing 10,000100200 20 15 50 3/1,000 SF GFA 20,000 Research and Technology 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(5) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services(1) n/a n/a n/a n/a n/a n/a Restaurants(6) 5,00050 -100 20 15 30 50 7 15 12 spaces 10,000 per 1,000 GFA Self Storage 10,000 100 20 15 50 1 per 2025 units plus 2 for manager's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Utility/Infrastructure Facilities(7) n/a n/a 20 15 n/a n/a Vehicle Sales/Displays and Major 40,000 200 20 15 30 1.5/1,000 SF Lot Vehicle Sales/Displays(8) Sales Area Vehicle Service(8) 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or Animal 10,000 100 20 15 30 5/1,000 SF GFA Grooming Wholesale/Distribution/Warehouse 10,000 100 20 15 50 1.5/1,000 SF GFA Facility * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Automobile service station, major vehicle service, and retail sales and service uses in the Industrial Limited (IL) future land use category that are not part of a master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to the appropriate category which shall include such uses and all contiguous like uses. (2) In the Industrial Limited (IL) land use category, manufacturing shall be limited to a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales and distribution of goods, and shall not include or allow for any exterior storage or processing of equipment or materials of any kind. (3) Outdoor recreation/entertainment uses in the Industrial Limited (IL) future land use category that are not part of a master development plan shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to the appropriate category which shall include such uses and all contiguous like uses. (4) Public transportation facilities shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (5) Residential shelters shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (6) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use category shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan amendment to the appropriate category which shall include such use and all contiguous like uses. Restaurants located in the IG future land use category shall be allowed only as an accessory use, located within Item # 4 Ordinance No. 8349-12 Page 32 Attachment number 1 \nPage 33 of 43 the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. (7) Utility/infrastructure uses shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Transportation/Utility which shall include such uses and all contiguous like uses. (8) Vehicle sales/displays, major vehicle sales/displays, and/or vehicle service in the Industrial Limited land use category shall not exceed five acres. In the Industrial General category such use shall not exceed 25 percent or the floor area and shall be accessory. Any such use, alone or when added to contiguous like uses which exceed five acres or 25 percent of the floor area shall require a land use plan map amendment to Commercial General which shall include such uses and all contiguous like uses. In the Industrial General category such uses shall not exceed 25 percent of the floor area and shall be accessory. Section 27. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1303, Flexible Standard Development, Community Development Code, be, and the same is hereby amended to read as follows with subsections re-lettered as appropriate: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * A. Animal boarding. 1. The parcel is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas. 2. The use does not involve animal confinement facilities that are open to the outside. 3. Animals may have supervised outdoor exercise but only between 7:00 a.m. - 9:00 p.m. In no case shall animals be left unsupervised while outdoors. 4. Accessory boarding facilities shall contain waste control facilities and an air- handling system for disinfection and odor control. * * * * * * * * * * TU. Veterinary offices and animal grooming. * * * * * * * * * * Section 28. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Table 2- Flexible Development Standards, Community Development Code, be, and the same is hereby amended to read as follows: Table 2-1304. "IRT" District Flexible Development Standards Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height Min. Off-Street Area Width (ft.) (ft.) Parking Front* Side Rear (sq. ft.) Adult Uses(1) 10,000 100 20 15 15 30 5/1,000 SF GFA Bars (5) 10,000 100 20 15 15 30 10 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 director coordinator based on the specific use and/or ITE Manual Item # 4 Ordinance No. 8349-12 Page 33 Attachment number 1 \nPage 34 of 43 standards Nightclubs(2) 10,000 100 20 15 15 30 15/1,000 SF GFA 10 per 1,000 GFA Offices 10,000 100 20 15 15 30 50 3/1,000 SF GFA Overnight 40,000 200 20 15 15 50 1/UNIT Accommodations(3) Salvage Yards 40,000 200 20 15 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 15 30 1 per 2025 units plus 2 for manager's office Social/Public Service 10,000 100 20 15 15 30 3/1,000 SF GFA Agencies(4) Telecommunication Towers 10,000 50 25 10 20 Refer to n/a Section 3- 2001 * The front setback may be reduced to 15 feet for parking lots provided the land area is not sufficient to accommodate the full setback requirement and the reduction results in an improved site plan or improved design and appearance and landscaping is in excess of the minimum required. (1) Adult uses shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (2) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (3) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category. (4) Social/public service agencies shall not exceed five acres. (5) Bars shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. Section 29. That Article 2, Zoning Districts, Division 13, Industrial, Research and Technology District (IRT), Section 2-1304, Flexible Development, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Flexibility criteria: * * * * * * * * * * B. Bars. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas; 2. The use of the parcel proposed for development will not involve direct access to a major arterial street; 3. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of transportation other than the automobile to access the use. * * * * * * * * * * DE. Offices. 1. The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do Item # 4 Ordinance No. 8349-12 Page 34 Attachment number 1 \nPage 35 of 43 not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. 2. Offices located in the IG future land use category shall be allowed only as an accessory use, located within the structure to which it is accessory, and shall not exceed 25 percent of the floor area of the principal use to which it is accessory. * * * * * * * * * * G. Self storage. 1. The parcel proposed for development does not abut land which is designated or used for residential purposes. 2. Access doors to individual storage units are located within a building or are screened from view from adjacent property or public rights-of-way by landscaped walls or fences located no closer to the property lines of the parcel proposed for development than five feet. * * * * * * * * * * Section 30. That Article 3, Development Standards, Division 6, Dock/Marina Standards, Community Development Code, be, and the same is hereby amended to read as follows: DIVISION 6. DOCK/MARINA STANDARDS Section 3-601. Docks. * * * * * * * * * * C. New docks. 1. Docks, boatlifts and service catwalks that serve single-family or two-family dwellings. * * * * * * * * * * e. Number of docks/slips. No dock shall provide more than two slips for the mooring of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiguous upland property. Personal watercraft lifts are not considered to be boat slips. i) No more than one dock structure shall be located at a single- family or two-family dwelling. ii) In the event that two or more properties each already having a dock are combined, then only one dock may remain. iii) No dock shall provide more than two slips for the mooring of boats, except as houseboats may otherwise be permitted consistent with Chapter 33 of the City's Code of Ordinances. Slips shall be for the exclusive use of the residents of the contiguous upland property. Personal watercraft lifts are not considered to be boat slips. * * * * * * * * * * Section 31. That Article 3, Development Standards, Division 8, Fences and Walls, Community Development Code, be, and the same is hereby amended to read as follows: Item # 4 Ordinance No. 8349-12 Page 35 Attachment number 1 \nPage 36 of 43 DIVISION 8. FENCES AND WALLS Section 3-801. Purpose and applicability. It is the purpose of this division to provide standards for fences and walls, except earth or water retaining walls determined to be necessary by the community development coordinator and fences and walls required by Article 3, Division 12, Landscaping. * * * * * * * * * * Section 3-804. Setback and height Height requirements. The following setback and height requirements shall apply to all fences, and walls, except chain link fences. A. Front setback. Walls and fences located in front of a principal structure shall be permitted to a maximum height of 36 inches with the following exceptions: 1. In the MDR and MHDR zoning districts, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback area as a Level One (flexible standard development) approval. Such walls shall be architecturally compatible with the principal structure on the property and compatible with the surrounding properties. 2. In the HDR, MHP, C, T, D, O, I, IRT, OSR, and P zoning districts, PVC fences, brick or other masonry walls or walls with masonry columns linked by substantial grill work shall be permitted to a maximum height of six feet in a required front setback front of a principal structure. 3. Walls, no greater than a maximum height of six feet, shall be permitted for the perimeter of any residential subdivision located within any zoning district. Such walls shall be architecturally compatible with the building design within the subdivision. 4. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located within any required structural setback adjacent to a public right-of- way shall provide a three feet wide landscaped strip on the street side of the fence. B. Side and rear setback areas. 1. Fences and walls shall be permitted to a maximum height of six feet between the principal structure and any side or rear lot line with the following exceptions: a1. Fences and walls may be permitted up to eight feet in height if located in the Industrial, Research, and Technology District ("IRT"). b2. Fences and walls may be permitted up to eight feet in height in the Commercial District through Level One, (Flexible Standard Development) approval to buffer uses with drive-thru facilities, vehicle sales/displays, automobile service stations, outdoor retail sales, display and/or storage and residential zoning districts. If any fence is part of a Level Two review, the decision to approve the fence will be made by the Community Development Board. c3. On those properties adjacent to water, fences proposed to be located within 20 feet of the property line adjacent to the water or within the required setback, whichever is greater, must be non-opaque and cannot exceed 48 inches in height. C. Reserved. Landscaping requirements. Any fence or wall that exceeds three feet in height and is located between a principal structure and any right-of-way shall provide a three foot wide landscaped strip on the right-of-way side of the fence. Item # 4 Ordinance No. 8349-12 Page 36 Attachment number 1 \nPage 37 of 43 D. Corner lots. For the purposes of fence placement on corner lots, the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3-804(A) 3-804.A., above. The other side of the property shall be considered a side yard. A and a fence may be erected in this area in compliance with the side yard setback provisions in subsection 3-804(B) Section 3-804.B., above, provided: the fence is consistent with the character and placement of any structures and setbacks on the adjoining properties, including the placement of the fence on the property line. 1. The fence is consistent with the character and placement of any structures and setbacks on the adjoining properties, including the placement of the fence on the property line. 2. However, if the side of the property is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence may be constructed consistent with the provisions in Section 3-804.B., above, regardless of the above condition. E. Double frontage lots. For the purposes of fence placement on double frontage lots, the front yard shall be the side of the property from which the property is addressed. The placement of any fence on this side of the property shall adhere to the front setback provisions in Section 3-804(A) 3-804.A., above. The other opposite side of the property shall be considered a rear yard. A and a fence may be erected in this area in compliance with the rear yard setback provisions in Section 3-804(B) 3-804.B., above provided the following conditions exist: 1. The rear yards of the adjacent lots on the same side of the street are oriented the same as the lot on which the fence is proposed; and 2. The pattern of the dwellings across the street is also oriented with the rear yard facing the lots across the street. 3. If both of these the above conditions cannot be met, such fence in the rear setback shall not exceed three feet in height. 4. However, if the rear is adjacent to a right-of-way that would be classified as an arterial or collector right-of-way by the City Engineer, then the fence may be constructed consistent with the provisions in Section 3-804.B., above, regardless of any of the above conditions. F. Exception for attached dwellings. No fence or wall over six feet in height shall be permitted on any attached dwelling lot, except where the fence or wall is installed along the boundary of the property, in which case the fence or wall shall be uniformly designed and shall meet the height limits and other standards otherwise applicable to the fence or wall. G. Retaining walls, not including those walls associated with a detention pond which are regulated by Section 3-901, may be located between the principal structure and any front, side or rear lot line, provided no portion of the wall that is located above grade exceeds 18 inches in height unless otherwise required to be of a greater height to satisfy and environmental or engineering need as determined by the City Engineer. H. An equivalent combination of fence, wall, landscape berm or retaining wall may be utilized to achieve the maximum possible fence height; however in no case shall the combined height of the structures exceed the maximum height provisions. Section 3-805. Chainlink fences. The following requirements shall apply to chain link fences. A. Prohibited. Chainlink fences are prohibited within the Downtown District. B. Front setback. Chainlink fences shall not be permitted in the front yard setback area of a principal structure. Chainlink fences shall only be located on a parcel to the rear of the Item # 4 Ordinance No. 8349-12 Page 37 Attachment number 1 \nPage 38 of 43 front building line of the principal building, unless permitted pursuant to Section 3-802(E) above structure. C. Side and rear setbacks. Chainlink fences located in a side or rear yard between the principal structure and any side or rear lot line shall not exceed 48 inches or six feet if clad with green or black vinyl. If such side or rear yard lot line is adjacent to a public right-of-way, however, such chainlink fence shall not be permitted. D. Landscaping requirements. Chainlink fences which are not otherwise required to be landscaped by Article 3 Division 12 shall be landscaped with a continuous hedge or a nondeciduous robust growing vine at frequent intervals. Such landscaping may be located on the external or internal side of the fence along the entire length of the fence. E. Public or private recreational facilities. Chainlink fences for public or private tennis courts, golf courses and driving ranges, athletic fields, play courts, batting cages and other similar uses are exempt from height regulations contained in this section and the location restriction of Section 3-805(B) 3-805.B., above. F. Vacant lots. In all zoning districts except for the Downtown District, chainlink fences, clad with green or black vinyl, and other non-opaque fences are permitted to secure any vacant lot or lot without a primary use and are subject to all requirements of Section 3- 805 above, with the exception to Section 3-805.B. Such fences shall be limited to a maximum height of three feet in the front setback and six feet in the side and rear setback. Upon development of the vacant lot, any chain link fencing shall be removed from the front setback. F. Vacant lots. In all zoning districts except for the Downtown District, chainlink fences, clad with green or black vinyl are permitted to secure any vacant lot. Such fences shall be limited to a maximum height of six feet and are subject to the requirements of 3-805.D., above. Upon development of the vacant lot, all chain link fencing shall be removed. G. Publicly owned landbanked properties. A six foot high green or black vinyl coated chainlink fence shall be permitted around the perimeter of any publicly owned landbanked property and shall be exempt from the landscaping requirements specified in Section 3-805.D., above. * * * * * * * * * * Section 3-807. Special regulations. A. Fences for swimming pools. A swimming pool may be enclosed with a four feet foot high fence or wall. B. Publicly owned landbanked properties. A six feet high green or black vinyl coated chainlink fence shall be permitted around the perimeter of any publicly owned landbanked property and shall be exempt from the landscaping requirements for chainlink fences specified in Section 3-805(C) above. BC. Visibility triangle. All fences and walls shall comply with the sight visibility triangle requirements in Article 3, Division 9. C. Subdivisions. 1. Parcels of land within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence and/or wall shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the approved plan. 2. A six-foot high wall or fence, excluding chainlink, may be installed around the perimeter of any residential subdivision, provided such a wall or fence does not conflict with Section 3-807.C.1., above, or 3-804.A. D. Subdivisions. Parcels of land within a subdivision which, in conjunction with the approval of the subdivision, were required to have a fence, wall and/or landscape plan shall not be permitted any additional or substitute fences or walls which otherwise contravene the general purpose and uniformity afforded by the approved plan. Item # 4 Ordinance No. 8349-12 Page 38 Attachment number 1 \nPage 39 of 43 DE. Construction sites. Temporary fences around construction sites may be approved by the building official and such fences shall comply with any reasonable conditions, e.g., height, location, materials, as the building official may determine appropriate for a given property. EF. Fences on publicly owned landed lands. Deviations from these fence requirements may be permitted for fences associated with public projects pursuant to the Level 1 (flexible standard) approval process. * * * * * * * * * * Section 32. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3-1205, Tree Protection, Community Development Code, be and the same is hereby amended as follows: Section 3-1205. Tree protection. * * * * * * * * * * B. Criteria for issuance of a removal permit. * * * * * * * * * * 3. Expiration. Tree removal permits shall be valid for a period of six months from the date of issuance. Extensions may be granted by the community development coordinator or designee for good cause. * * * * * * * * * * Section 33. That Article 3, Development Standards, Division 21, Temporary Uses, Section 3-2103, Allowable Temporary Uses, Community Development Code, be, and the same is hereby amended to add a new subsection K, and re-lettering the subsequent subsections as appropriate: * * * * * * * * * * K. Temporary buildings during construction. 1. Allowable within the C, T, D, O, I and IRT Districts; 2. Allowable only for the duration of an active building construction permit. All temporary buildings must be removed prior to the issuance of a Certificate of Completion or Certificate of Occupancy, as applicable, for the permanent building; 3. All temporary buildings must meet the setbacks applicable to the permanent building; 4. An adequate area for parking must be provided on-site that would accommodate the parking needs of the temporary building; and 5. The temporary use permit may be revoked if it should be determined that construction on the permanent building has ceased. * * * * * * * * * * Section 34. That Article 4, Development Review and Other Procedures, Division 3, Permitted Uses: Level One, Community Development Code, be, and the same is hereby amended to read as follows: * * * * * * * * * * Section 4-302. Application/approval by community development coordinator. A. Level One approval (minimum development standards). An applicant for a Level One approval (minimum development standards) shall submit an application in accordance Item # 4 Ordinance No. 8349-12 Page 39 Attachment number 1 \nPage 40 of 43 with the requirements of Section 4-202(A) and (F) to the community development coordinator who shall review the application in accordance with the requirements of Section 4-202(C) and (D) and determine whether the application demonstrates compliance with the requirements of this Development Code. Within 15 working days of a determination of sufficiency, the community development coordinator shall approve the application, deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of Section 3-913 in regard to general standards for approval conditions. 1. An applicant for a Level One approval (minimum development standards) shall submit an application in accordance with the requirements of Sections 4-202.A and F to the community development coordinator who shall review the application in accordance with the requirements of Sections 4-202.C and D and determine whether the application demonstrates compliance with the requirements of this Development Code. Within 15 working days of a determination of sufficiency, the community development coordinator shall approve the application, deny the application or approve with conditions necessary to make the proposed development conforming with the applicable general and specific requirements set out in Articles 2 and 3 including the provisions of Section 3-914 in regard to general standards for approval conditions. 2. It is acknowledged that changes of use may be proposed whereby conformance with all of the applicable general and specific requirements set out in Article 2 may not be possible or practicable. In those situations the following provisions shall apply: a. If there is no difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided that the site is brought into compliance to the greatest extent practicable with the parking and landscaping standards set out in Article 3. b. If there is a difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property, but the proposed use would have a lesser impact, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided that the site is brought into compliance to the greatest extent practicable with the parking and landscaping standards set out in Article 3. c. If there is a difference in the established development standards between an existing use and a proposed use that is permissible as a minimum standard use in the zoning district of the subject property and the proposed use would have a greater impact, but still meet the parameters established below, then the change of use may be processed as a Level One (minimum standard) approval even if the structures and/or properties involved are nonconforming with regard to said development standards, provided the site is brought into compliance to the greatest extent practicable with the parking and landscape standards set forth in Article 3. Item # 4 Ordinance No. 8349-12 Page 40 Attachment number 1 \nPage 41 of 43 1. The building or tenant space, as applicable, is less than 5,000 square feet; and 2. The change of use cannot create a nonconforming situation with regard to the provision of off-street parking. In the instance where the existing use is currently nonconforming with regard to the provision of off-street parking, the resulting change of use cannot exacerbate this nonconformity by more than ten percent; and 3. Eligible uses include only offices, retail sales and services, and mixed-use (the commercial component of which may only include office or retail sales and services); and 4. If the existing development was part of a Level Two (Flexible Development) development approval, then the proposed change of use must comply with the provisions of Section 4-406. d. lesser impactgreater impact shall be based upon the difference in development standards between the two uses. * * * * * * * * * * Section 35. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, Community Development Code, be, and the same is hereby amended as follows: Section 8-102. Definitions. * * * * * * * * * * Animal grooming or boarding uses means a use where animals are kept on a temporary basis in conjunction with grooming or overnight boarding. * * * * * * * * * * Bars means any establishment licensed by the State of Florida for consumption of alcohol on the premises, which is devoted during any time of operation predominantly or totally to serving alcoholic beverages, and in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed establishment is not located within, and does not share any common entryway, or common indoor area with any business for which the sale of food or any other product or service is more than an incidental source of gross revenue; and seating/tables accounts for at least 75% of the total gross floor area of the use. * * * * * * * * * * Nightclubs means a commercial establishment wherein alcoholic beverages are sold and consumed on the premises and has entertainment, including, but not limited to, a dance floor, a band, orchestra, disc jockey and equipment, a stage for comedy, theatre, or other forms of live entertainment, but excluding adult entertainment. The dance floor or open space may be established by the temporary removal or re-arrangement of furniture or tables. Any establishment that charges a cover charge, door charge, required contribution, or one time membership fee (excluding social and community centers) or has a minimum drink purchase requirement will be designated a nightclub. Nightclubs, taverns, and bars means any facility licensed by the State of Florida for on premise consumption of alcoholic beverages but not including restaurants. * * * * * * * * * * Retail plazas means a building or group of buildings on the same property or adjoining properties, but operating as and/or presenting a unified/cohesive appearance and generally but not necessarily under common ownership and management, and which is partitioned into separate units that utilize a common parking area, and is designed for a variety of Item # 4 Ordinance No. 8349-12 Page 41 Attachment number 1 \nPage 42 of 43 interchangeable uses including governmental, indoor recreation/entertainment, office, restaurant, retail sales and service, and social/community center. In addition, bars, medical clinics, nightclubs, and places of worship may also be incorporated into retail plazas subject to their approval through the applicable Level One (Flexible Standard Development) or Level Two (Flexible Development) approval process and meeting their respective flexibility criteria. * * * * * * * * * * Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and/or repair), adult day care, child care, personal services, animal grooming, funeral homes, art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. * * * * * * * * * * Temporary buildings during construction means a building that may be used to accommodate the principal use of a property in those instances where the permanent building that otherwise would accommodate the use is rendered unavailable/unoccupiable due to renovations, modifications or other construction related activities. * * * * * * * * * * Vehicle service, limited means an activity conducted within a structure which primarily involves the routine maintenance of automobiles, motorcycles, trucks, boats, and recreational vehicles. Limited vehicle service includes only washing, waxing, changing oil, detailing, installation of accessories or audio equipment, and window tinting. * * * * * * * * * * Section 36. 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 37. 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 Section 38. 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 39. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 40. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING ____________________________ PASSED ON SECOND AND FINAL ____________________________ READING AND ADOPTED ____________________________ George N. Cretekos Item # 4 Ordinance No. 8349-12 Page 42 Attachment number 1 \nPage 43 of 43 Mayor Approved as to form: Attest: ____________________________ ____________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 4 Ordinance No. 8349-12 Page 43 Attachment number 2 \nPage 1 of 8 CDB Meeting Date: July 17, 2012 Case Number: TA2012-06007 Ordinance No.: 8349-12 Agenda Item: F. 2. CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT REQUEST: Amendments to the Community Development Code Ordinance Number 8349-12 INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Clearwater Business Task Force (BTF) was established on April 7, 2011 by the City Council to provide feedback on the current rules and regulations affecting businesses and business development. The BTF submitted its final report to City Council on August 29, 2011. The report consisted of 71 recommendations City staff reviewed each of the recommendations and presented to City Council ideas as to how some of them may be adopted as well as a prospective timeframe for these adoptions to occur. At the direction of the City Council, staff prepared a text amendment to the Community Development Code (CDC) addressing the more straightforward recommendations of the BTF as well as a few amendments proposed by staff. These changes were reviewed by the Community Development Board (CDB) at its meeting of December 20, 2011, at which time the Board recommended the approval of the amendment. City Council passed and adopted the Ordinance on second reading on February 2, 2012. Staff is now proposing a second text amendment to address further recommendations of the BTF or that would otherwise assist in fulfilling their goals, as well as additional items proposed by staff. ANALYSIS: Proposed Ordinance No. 8349-12 includes amendments addressing a variety of different sections of the CDC. As noted above, some of the amendments were recommended by the BTF while others are being initiated by staff. The following is a discussion of the proposed amendments based upon the recommendations of the BTF: Opportunity #2 18. Accessory use for overnight accommodations for mid-priced hotels (not destination resorts): Allow 20% of gross floor 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 gift shops, business centers, fitness centers, supporting restaurants and meeting space. Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 1 Attachment number 2 \nPage 2 of 8 Presently, accessory uses to an overnight accommodations use are permitted to occupy a maximum of ten percent of the gross floor area of the development when the application is processed as a Flexible Standard Development (FLS). This ordinance proposes to increase this maximum to 15 percent [page 16 of Ordinance]. When the application is processed as a Flexible Development (FLD), accessory uses are currently permitted to occupy between ten and 15 percent of the gross floor area, but only when additional parking is provided for that portion exceeding ten percent. This ordinance would increase these figures from ten percent to 15 percent, and from 15 percent to 20 percent [page 21 of Ordinance]. While the proposed changes are not exactly what was recommended by the BTF in their final report and referenced above, this is consistent with the direction given to staff by City Council. Opportunity #3 4. When a tenant of a multi-tenant property requires a Level 2 approval, do not require that the entire multi-tenant property be brought through the development review process as a result of the tenant. Staff has taken two different approaches to address this recommendation. The first approach is to establish the use of Retail Plazas [pages 4, 7-8, 10-11, 13, 15, 17, 19, 22-24, and 41 of Ordinance] in the Commercial (C), Tourist (T), and Downtown (D) Districts. Retail Plazas specifically address the multi-tenant building/property aspect of the recommendation and will -tenant buildings/properties. This interchangeability would not require the submittal of any Level One or Level Two application in order to change the use of a tenant space from/to any of the following uses: Governmental, Indoor Recreation/Entertainment, Office, Restaurant, Retail Sales and Service, and Social/Community Center. Other uses, such as: Bars, Medical Clinics, Nightclubs, and Places of Worship may also be incorporated into Retail Plazas subject to their approval through the applicable Level One or Level Two approval process and meeting their respective flexibility criteria. Retail Plazas will be permissible through the Minimum Standard, FLS, and FLD tiers in the C District; the FLS and FLD tiers in the T District; and the FLS tier in the D District. The second approach taken by staff is based upon the acknowledgement that changes of use may be proposed whereby conformance with all of the applicable general and specific requirements set forth in Article 2 may not be applicable or appropriate. In such a situation, staff has proposed parameters based upon the differences in development standards between the existing and proposed uses whereby the change of use may be permitted as a Level One (minimum standard) provided that the site is brought into compliance to the greatest extent practicable with the parking and landscape standard set forth in Article 3 [pages 39-41 of Ordinance]. The following amendments, while not specifically recommended by the BTF, are in keeping with the goals of the BTF to provide for a more streamlined and efficient process, and are being initiated by staff: Accessory Dwellings 1. [pages 15, 27 and 28 of Ordinance] In the O District, Accessory Dwellings are presently allowed in the FLS and FLD tiers; however the development standards and flexibility criteria do not differ between the two Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 2 Attachment number 2 \nPage 3 of 8 tiers. Therefore, this Ordinance will delete Accessory Dwellings from the FLD tier. In addition, this use is also permitted in the T District in the FLS tier. However, while the CDC sets forth development standards for the use, it does not set forth flexibility criteria. This Ordinance will establish those flexibility criteria. Mixed Use 2. [pages 7-9, 11, 14, 19, 23-24 and 28 of Ordinance] In an effort to encourage the development of mixed use projects, the proposed Ordinance expands Mixed Use into the Minimum Standard and FLS tiers of the C District. In the FLS tier of the T District, flexibility is provided for the minimum lot area development standard consistent with what is already allowed in the FLD tier. These changes may also have the effect of enabling some applications to be processed administratively and therefore allow new development or changes of use to occur quicker than at present. The off-street parking requirement for the use is also changed to be consistent across each of the Districts in which the use is permissible (C, T, D and O). Nightclubs, Taverns and Bars 3. [pages 3-4, 7, 9, 11-15, 19-20, 23-24, 33-34 and 41 of Ordinance] The Bars aspect of this use will be split off into its own use type, but will retain the same development standards and application processes as the use would currently have in the CDC. The purpose of this split is to make required advertisements of these uses easier to understand as Nightclubs and Bars can have diverse impacts on a surrounding area. The proposed Ordinance adopts a definition for the Bars use, as well as adopting a revised definition for Nightclubs. Offices, Restaurants, and Retail Sales and Services 4. [pages 8, 14-15, and 26 of Ordinance] In an effort to process more applications administratively and thereby allow new development or changes of use to occur more expeditiously than at present, the Ordinance will reduce the minimum lot area and lot width requirements within the FLS tiers for the Office, Restaurant, and Retail Sales and Services uses within the C and T Districts to resemble their FLD counterparts. In addition, the maximum height allowance will be increased in the C District, and the front setback reduced in the T District in the same manner. In the O District, the minimum lot area, lot width, front and rear setbacks will be reduced and the maximum height increased for the Offices use to resemble its FLD counterpart. Residential Shelters 5. [pages 4, 6 and 29-30 of Ordinance] Residential Shelters are presently permissible in the FLD tier of the MHDR District; however this use will be deleted from the district as the use has been determined to be inconsistent and inappropriate for the district. Residential Shelters are also permissible in the FLS tier of the Institutional (I) District. The use will be retained in this appropriate district; however the criterion that the parcel not be located within the Clearwater Downtown Redevelopment Plan area. Self Storage 6. [pages 34 and 35 of Ordinance] The Self Storage use is presently permissible within the FLS and FLD tiers of the IRT District. While the development standards are different between the two tiers (minimum lot Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 3 Attachment number 2 \nPage 4 of 8 area and maximum height), the FLD tier is more stringent and therefore any request for this use would never elevate to this tier. As such, this Ordinance will delete the use from the FLD tier. Veterinary Offices / Animal Grooming / Animal Boarding 7. [pages 3, 8, 10-13, 24-25, 31- 33 and 41-42 of Ordinance] The Veterinary Offices aspect of this use will remain without any changes. However, Animal Grooming will be removed from this use type and relocated into the Retail Sales and Services use, and Animal Boarding will be established by itself. Animal Boarding will continue to be a permissible use in the C (FLD), D (FLD) and IRT (FLS) Districts. 8.Off-Street Parking [pages 5, 7-8, 11, 14-15, 19, 23-24, 30, 32 and 34 of Ordinance] The proposed Ordinance will make several changes to the off-street parking requirements throughout the Code. In the MHDR District, the off-street parking requirements for Assisted Living, Community Residential Homes, Detached Dwellings, and Nursing Homes will be changed to be consistent with the requirements found in other districts. In the C and T Districts the off-street parking requirement for Medical Clinics will be changed to be consistent with the requirement found in other districts. In the C and T Districts the off-street parking requirement for Offices will be reduced from 4 to 3/1,000 square feet of gross floor area. This will be consistent with the current requirement in the D, O and IRT Districts. In the C, T, D and IRT Districts the off-street parking requirement for Restaurants will be reduced from 15 to 12/1,000 square feet of gross floor area with the exception of the D District where the parking will be reduced to 10/1,000. The reductions in off-street parking rates are based upon staff experience with development proposals, as well as comparisons to other municipal codes and ITE parking generation data. 9.Footnotes [pages 8-9, 12, 15, 19, 26, and 31-34 of Ordinance] The footnote denoted by an asterisk (*) in the C, O, and IRT Districts is being deleted as it is no longer needed based upon amendments adopted under Ordinance No. 8310-12. In addition to the above, the remaining footnotes in the C District are needed for consistency with the Countywide Plan Rules. In the T District there are two footnotes being added. The first footnote allows the establishment of Restaurant and/or Retail Sales and Services uses on those properties within the boundaries of the Retail and Restaurant District of Beach by Design without the provision of off-street parking. This allowance is based upon language within Beach by Design acknowledging that off-street parking is not envisioned to be provided on each individual development site, but rather within a parking garage for the entire District. The second footnote allows swimming pools/decks that are accessory to an Attached Dwellings, Overnight Accommodations, or Resort Attached Dwellings use on Clearwater Beach to be permitted with a rear setback of zero feet. This is based upon several development applications over the years that have requested such flexibility despite the provision of such an accessory element being widely accepted as a standard for the use, and further that its Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 4 Attachment number 2 \nPage 5 of 8 location at the rear of the development is quite standard as a predominance of the properties would have waterfront access or views. In the IRT District there is one new footnote as well as amendments to two other footnotes. The new footnote, for the new Bars use, occurs in the FLD tier and is needed for consistency with the Countywide Plan Rules, and is consistent with the existing footnote for Nightclubs, which this use was considered a part of previously. The first amendment to the footnotes occurs with footnote (4) in the Minimum Standard tier and adds language that the Office use is not permissible as a Minimum Standard use when located in the Industrial Limited (IL) future land use plan category. This is based upon the following existing flexibility criterion for Offices: The proposed use of the parcel shall be related to the uses permitted in the district and shall include, but not be limited to, office uses related to scientific or industrial research, product development and testing, engineering development and marketing development, corporate offices provided, however, that they do not provide services or uses to the general public on the premises, and such other office uses, including support services, as well as uses which are accessory to and compatible with the permitted uses. Support services for the purposes of this zoning district shall be defined as companies that supply services utilized wholly by other companies located in this zoning district. Given this existing language, it was determined that the Office use should have some level of review to ensure compliance, and thus should not be permissible as a Minimum Standard use. The second amendment to the footnotes occurs with footnote (8) in the FLS tier and simply moves the second sentence of the footnote to the end in order to eliminate potential confusion between the two future land use plan categories referenced. Docks 10. [page 35 of Ordinance] The proposed amendment will clarify what has always been standard practice, and what that only one dock structure is permitted for a single-family or two-family dwelling. The amendment also provides language dealing with the event that two or more properties each already having a dock are combined. Fences and Walls 11. [pages 36-39 of Ordinance] There are numerous changes/modifications to the CDC with regard to fences and walls, most of which are minor in nature. These changes are as follows: Section 3-801. The purpose and applicability statement is amended to delete the exception language pertaining to earth/water retaining walls as these amendments adopt language regarding such. Section 3-804. This Section is amended to clarify the rules regarding the placement of fences/walls. Language pertaining fence heights are relative to the fences/walls location to the principal structure and not Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 5 Attachment number 2 \nPage 6 of 8 relative to its location on the property. The exception provisions provided for corner lots and double frontage lots are also amended to add exceptions for those properties adjacent to arterial/collector rights-of-way. Language is also added regarding the maximum height for retaining walls, and regarding the maximum height when combining/stacking fences, walls, landscape berms or retaining walls. Section 3-805. This Section is also amended to clarify the rules regarding the placement of fences/walls as discussed previously. The language regarding vacant lots is revised to allow owned landb-807. Section 3- -805. The language regarding subdivisions is also amended to allow for the installation of a six-foot high fence/wall around the perimeter of a residential subdivision. Tree protection 12. [page 39 of Ordinance] The amendment will formally establish an expiration date for tree removal permits at six months from the date of issuance, and allow for extensions to those permits. Temporary Uses 13. [page 39 of Ordinance] The amendment will establish a new temporary use, Temporary Buildings During Construction. The purpose for this temporary use is to allow for businesses that are in the midst of renovations to be able to bring temporary buildings onto the site and still be able to function/operate. The amendment also establishes the criteria by which the use is allowed, which includes the criterion that the temporary building is only allowable for the duration of an active building permit and that the building(s) must be removed prior to the issuance of a Certificate of Completion/Occupancy. Definitions 14. [pages 41-42 of Ordinance] Animal Grooming or Boarding uses removes the references to grooming (grooming use being included in the Retail Sales and Services definition). The definition will now only pertain to the use of Animal Boarding. Bars establishes a definition for the new Bars use that is clearly distinct from the definition of Nightclubs. One provision for the definition is that seating/tables must account for at least 75% of the total gross floor area of the use. Nightclubs establishes a definition for the new Nightclubs use that is clearly distinct from the definition of Bars. Nightclubs, Taverns and Bars this definition is deleted from the Code. Retail Plazas establishes a definition for the new Retail Plazas use, which is intended to allow for a building or group of buildings partitioned into separate units and designed for a variety of uses including Governmental, Indoor Recreation/Entertainment, Office, Restaurant, Retail Sales and Services, and Social/Community Center that can be interchanged without the need for a new approval each time the use changes. The definition also allows for Bars, Medical Clinics, Nightclubs, and Places of Worship to be Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 6 Attachment number 2 \nPage 7 of 8 incorporated into Retail Plazas subject to their approval through the applicable Level One or Level Two approval process and meeting all respective flexibility criteria. Retail Sales and Services includes Animal Grooming among the uses under the umbrella of Retail Sales and Services. Temporary Buildings During Construction establishes a definition for the new temporary use that allows for a temporary building to be used to accommodate the principal use of a property when said building is being renovated. Vehicle Sales, Limited adds the installation of accessories or audio equipment to the uses under the umbrella of Limited Vehicle Sales. CRITERIA FOR TEXT AMENDMENTS: Section 4-601, CDC, sets forth the procedures and criteria for reviewing text amendments. All text amendments must comply with the following: 1.The proposed amendment is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. A review of the Clearwater Comprehensive Plan identified the following Goals and Policy which will be furthered by the proposed Code amendments: Policy A.6.2.1 On a continuing basis, the Community Development Code and the site plan approval process shall be utilized in promoting infill development and/or planned developments that are compatible. These amendments are intended to simplify or clarify various development review processes, and facilitate development activities. As such, the above referenced Policy of the Comprehensive Plan will be furthered. 2.The proposed amendment furthers the purposes of the Community Development Code and other City ordinances and actions designed to implement the Plan. The proposed text amendment will further the purposes of the CDC in that it will be consistent with the following purposes set forth in Section 1-103. It is the purpose of this Development Code to implement the Comprehensive Plan of the city; to promote the health, safety, general welfare and quality of life in the city; to guide the orderly growth and development of the city; to establish rules of procedure for land development approvals; to enhance the character of the city and the preservation of neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). It is the purpose of the Community Development Code to create value for the citizens of the City of Clearwater by allowing property owners to enhance the value of their property through innovative and creative redevelopment (Section 1-103.B.1., CDC). Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 7 Attachment number 2 \nPage 8 of 8 The amendments proposed by this ordinance will further the above referenced purposes by facilitating the establishment of certain new uses, and changes in use to certain uses in a more expedient manner than currently possible under the Code, and by providing for more readily attainable, more appropriate, and more internally consistent development standards. SUMMARY AND RECOMMENDATION: The proposed amendments to the Community Development Code are consistent with and will further the goals of the Clearwater Comprehensive Plan and the purposes of the Community Development Code. Based upon the above, the Planning and Development Department APPROVAL recommends of Ordinance No. 8349-12 that amends the Community Development Code. Prepared by Planning and Development Department Staff: Robert G. Tefft, Development Review Manager ATTACHMENT: Ordinance No. 8349-12 Item # 4 Community Development Board July 17, 2012 TA2012-06007 Page 8 Attachment number 3 \nPage 1 of 5 AMENDMENTS ASSOCIATED WITH ORDINANCE NO. 8349-12 (TA2012-06007) ARTICLE 2. ZONING DISTRICTS Permitted Uses Chart (1) Chart 2-100 Chart. Boarding; and change Nightclubs, taverns and bars to Nightclubs. [Pages 3-4 of Ordinance] Division 4, Medium High Density Residential District (2) Sec. 2-402 Minimum Standard Development Table. Amend off-street parking requirements for Community Residential Homes (6 or fewer residents) and Detached Dwellings to be consistent with same uses in other districts. [Page 5 of Ordinance] (3) Sec. 2-403 Flexible Standard Development Table. Amend off-street parking requirements for Assisted Living Facilities, Detached Dwellings, and Nursing Homes to be consistent with same uses in other districts. [Page 5 of Ordinance] (4) Sec. 2-404 Flexible Development Table. Delete Residential Shelters. This use has been determined to be inappropriate for the District. [Pages 5-6 of Ordinance] (5) Sec. 2-404 Delete Flexibility Criteria for Residential Shelters. [Page 6 of Ordinance] Division 7. Commercial District (6) Sec. 2-702 Minimum Standard Development Table. Amend off-street parking requirements for Offices and Restaurants. Add Mixed Use and Retail Plazas as minimum standard uses. [Pages 6-7 of Ordinance] (7) Sec. 2-703 Flexible Standard Development Table. Add Bars, Mixed Use, and Retail Plazas as flexible standard uses. Modify the development standards for Offices, Restaurants, and Retail Sales and Services. Delete Animal Grooming and Boarding from the flexible standard uses. Delete footnote Expand existing footnote (1) to include Educational Facilities, Medical Clinics, and Social and Community Centers. Add footnote (5) regarding Schools in the Commercial Neighborhood, Commercial Limited and Commercial General land use plan categories. [Pages 7-9 of Ordinance] Item # 4 Attachment number 3 \nPage 2 of 5 (8) Sec. 2-703 Add flexibility criteria for Bars, Mixed Use, and Retail Plazas. Modify flexibility criteria for Offices, and Outdoor Retail Sales, Display and/or Storage. [Pages 9-10 of Ordinance] (9) Sec. 2-704 Flexible Development Table. Add Animal Boarding, Bars, and Retail Plazas as flexible development uses. Modify off-street parking requirement for Mixed Use. Add footnote (2) regarding Schools in the Commercial Neighborhood, Commercial Limited and Commercial General land use plan categories. [Pages 10-12 of Ordinance] (10) Sec. 2-704 Add flexibility criteria for Animal Boarding, Bars and Retail Plazas. [Pages 12-13 of Ordinance] Division 8. Tourist District (11) Sec. 2-802 Flexible Standard Development Table. Delete Density column from entire table. Add Bars and Retail Plazas and flexible standard uses. Modify development standards for Indoor Recreation/Entertainment, Medical Clinic, Mixed Use, Offices, Restaurants, and Retail Sales and Services uses. Add footnote (5) regarding off-street parking in the Retail/Restaurant District of Beach by Design. Add footnote (6) regarding swimming pools/decks accessory to Attached Dwellings, Overnight Accommodations and Resort Attached Dwellings. [Pages 13-15 of Ordinance] (12) Sec. 2-802 Add flexibility criteria for Accessory Dwellings (existing permitted flexible standard development use; however flexibility criteria were not provided), Bars, and Retail Plazas. Modify the flexibility criteria for Offices, Overnight Accommodations, Restaurants, Retail Sales and Services. [Pages 15-18 of Ordinance] (13) Sec. 2-803 Flexible Development Table. Delete Density column from entire table. Add Bars, and Retail Plazas as flexible development uses. Modify off- street parking requirement for Comprehensive Infill Redevelopment Project, Mixed Use, Offices, and Restaurant uses. Modify lot area/width development standards for Offices. Add footnote (2) regarding swimming pools/decks accessory to Attached Dwellings, Overnight Accommodations and Resort Attached Dwellings. [Pages 18-19 of Ordinance] (14) Sec. 2-803 Add flexibility criteria for Bars and Retail Plazas. Modify flexibility criteria for Offices, Overnight Accommodations, and Restaurants. [Pages 20-22 of Ordinance] Division 9, Downtown District Item # 4 Attachment number 3 \nPage 3 of 5 (15) Sec. 2-902 Flexible Standard Development Table. Add Bars and Retail Plazas as flexible standard uses. Modify off-street parking requirement for Mixed Use and Restaurants. [Pages 22-23 of Ordinance] (16) Sec. 2-902 Add flexibility criteria for Bars and Retail Plazas. [Pages 23-24 of Ordinance] (17) Sec. 2-903 Flexible Development Table. Modify off-street parking requirement for Restaurants. Delete Animal Grooming from the flexible development uses (the use is being reclassified as part of the Retail Sales and Services use). [Pages 24-25 of Ordinance] (18) Sec. 2-903.R. Veterinary Offices, and or Animal Grooming and Boarding. Delete Animal Grooming (the use is being reclassified as part of the Retail Sales and Services use). [Page 25 of Ordinance] Division 10, Office District (19) Sec. 2-1002 Minimum Standard Development Table. Modify the side setback for Offices as a minimum standard use to be consistent with the same standard allowed as a flexible standard development use. [Page 25 of Ordinance] (20) Sec. 2-1003 Flexible Standard Development Table. Modify the development standards . [Pages 25- 26 of Ordinance] (21) Table 2-1003 Modify flexibility criteria for Offices, Restaurants, and Retail Sales and Services. [Pages 26-27 of Ordinance] (22) Sec. 2-1004 Flexible Development Table. Delete Accessory Dwellings, Restaurants, and Retail Sales and Services (already permissible with same development standards as a flexible standard development use), and Offices as this use will become permissible with the same development standards as a flexible standard development use based upon the proposed amendments. [Pages 27-28 of Ordinance] (23) Sec. 2-1004 Delete the flexibility criteria for Accessory Dwellings, Office, Restaurants, and Retail Sales and Services. [Pages 28-29 of Ordinance] Division 12, Institutional District (24) Sec. 2-1203.K. Modify the flexibility criteria for Residential Shelters. [Page 29 of Ordinance] Division 13, Industrial, Research and Technology District Item # 4 Attachment number 3 \nPage 4 of 5 (25) Sec. 2-1302 Minimum Standard Development Table. Modify the development standards for Offices to reflect it is only permissible as an accessory use. Modify the lot width requirement for Restaurants to be consistent with the same standard allowed as a flexible standard development use. Modify footnote (4) to include language precluding Offices from locating in the Industrial Limited future land use plan category as a minimum standard development use. [Pages 29-31 of Ordinance] (26) Sec. 2-1303 Flexible Standard Development Table. Add Animal Boarding as a flexible standard development use. Modify the maximum height for Restaurants. Delete Animal Grooming from the flexible standard development uses (the use is being reclassified as part of the Retail Sales reformatting existing language. [Pages 31-32 of Ordinance] (27) Sec. 2-1303 Add flexibility criteria for Animal Boarding. [Page 33 of Ordinance] (28) Sec. 2-1304 Flexible Development Table. Add Bars as a flexible development use. Delete Self Storage as a flexible development use. Modify the off-street parking requirements for the Comprehensive Infill Redevelopment Project and Nightclubs uses. Modify the maximum height development standard pertaining to Comprehensive Infill Redevelopment Project development standards footnote (5) relating to Bars in the Industrial Limited future land use plan category. [Pages 33-34 of Ordinance] (29) Sec. 2-1304 Add flexibility criteria for Bars. Delete the flexibility criteria for Self Storage. Modify the flexibility criteria for Offices. [Pages 34-35 of Ordinance] ARTICLE 3. DEVELOPMENT STANDARDS Division 6, Dock/Marina Standards (30) Sec. 3-601.C.1.e. Number of docks/slips. Reformat existing language, and add new language to clarify that no more than one dock structure may be located at a single-family or two-family dwelling. [Page 35 of Ordinance] Division 8, Fences and Walls (31) Sec. 3-801 Purpose and Applicability. Delete language with regard to retaining walls. [Page 35 of Ordinance] (31) Sec. 3-804 Setback and Height Requirements. Delete reference to setbacks and yards throughout section. Relocate language pertaining to landscaping Item # 4 Attachment number 3 \nPage 5 of 5 rrors pertaining to code citations. Add additional exceptions relating to the placement of fences on corner lots and double frontage lots. Add language pertaining to retaining walls. [Pages 35-37 of Ordinance] (31) Sec. 3-805 Chainlink Fences. Delete reference to setbacks and yards throughout section. Delete incorrect language pertaining to landscaping requirements. language pertaining to vacant lots. Add language pertaining to publicly owned landbanked properties (relocated from 3-807). [Pages 37-38 of Ordinance] (31) Sec. 3-807 Special Regulations. Delete language pertaining to publicly owned landbanked properties (relocated to 3-805). Modify existing language pe Ordinance] Division 12, Landscaping/Tree Protection (32) Sec. 3-1205 Add language pertaining to the expiration of a tree removal permit. [Page 39 of Ordinance] Division 21, Temporary Uses (33) Sec. 3-2103 Add new subsection K for Temporary Buildings During Construction, and establish standards and criteria for such. [Page 39 of Ordinance] ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES Division 3, Permitted Uses: Level One (34) Sec. 4-302.A. Level One Approval (Minimum Development Standards). Reformat existing language. Add new language pertaining to proposed changes of use where conformance with all of the applicable requirements may not be possible or practicable. [Pages 39-41 of Ordinance] ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION (35) Sec. 8-102 Definitions. definition title. Modi [Pages 41-42 of Ordinance] Item # 4 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 3075 and 3087 Cherry Lane (Consisting of a portion of the south š of the southeast ™ of the northwest ™ of the northwest ™ of Section 16, Township 29 South, Range 16 East); and pass Ordinances 8352- 12, 8353-12 and 8354-12 on first reading. (ANX2012-05004) SUMMARY: This voluntary annexation petition involves a 0.248-acre property consisting of two parcels of land occupied by two single-family dwellings. It is located on the southwest corner of Cherry Lane and McMullen Booth Road. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The Planning and Development Department is requesting that the 0.489-acres of abutting McMullen Booth Road right-of-way not currently within the city limits also be annexed. The property is located within an enclave and is contiguous to existing City boundaries to the south. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Low Medium Density Residential (LMDR). The Planning and Development Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E as follows: The property currently receives water service from the City of Clearwater. The closest sanitary sewer line was extended down the adjacent Cherry Lane right-of-way at the property owners expense. The applicant has paid the City's sewer impact and assessment fees. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the district headquarters located at 2851 N. McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 49 located at 565 Sky Harbor Drive. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The proposed annexation will not have an adverse effect on public facilities and their levels of service; and The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective A.6.4: Due to the built-out character of the City of Clearwater, compact urban development within the urban service area shall be promoted through application of the Clearwater Cover Memo Community Development Code. Item # 5 Objective A.7.2 Diversify and expand the Citys tax base through the annexation of a variety of land uses located within the Clearwater Planning Area. Policy A.7.2.3 Continue to process voluntary annexations for single-family residential properties upon request. The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the Low Medium Density Residential (LMDR) District. The use of the subject property is consistent with the uses allowed in the District. The parcel located at 3075 Cherry Lane meets the Districts minimum dimensional requirements. The parcel located at 3087 Cherry Lane exceeds the Districts minimum dimensional requirements; however, the existing structure exceeds the maximum height standards and encroaches into the setbacks established for Minimum Standard Development in the LMDR District. Therefore, when this property is annexed, the dwelling will be a non-conforming structure. The proposed annexation is consistent with the Countywide Plan and the Citys Comprehensive Plan and Community Development Code; and The property proposed for annexation is contiguous to existing City boundaries to the south; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: Cover Memo Item # 5 Attachment number 1 \nPage 1 of 3 ORDINANCE NO. 8352-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THENORTHWEST ¼ OFSECTION16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075 AND 3087 CHERRY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The East 269.05 feet of the North 100 feet of the South 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof,togetherwith the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit“A”ishereby incorporated by reference. Section 2.The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, whichhave heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. Item # 5 Ordinance No 8352 -12 Attachment number 1 \nPage 2 of 3 PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED ________________________________ George N. Cretekos Mayor Approved as to form:Attest: _______________________________________________________________ Leslie K. Dougall-SidesRosemarie Call Assistant City AttorneyCity Clerk Item # 5 Ordinance No 8352 -12 Attachment number 1 \nPage 3 of 3 27521 200 1918171615141312 250 11 21/07 4 250 21/08 19 22/14 300 123 456 78 20 1 2 3112 3 22/13 20 1 3118 4 91011 121314 1516 6 5 2 200 21/14 21/1221/13 21/1021/11 25 211 22/17 22/18 22/24 22/29 507(S) 123 234 4 5 23/01 83843 30 150 3.52 A 60 C 123 6 7 5 471(S) 1 34 5 6 35 13 46 8 9 200 2 23 22 8620 18 15 17 16 14 12 13 201 PROPOSED ANNEXATION MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A C:\Users\Lauren.Matzke\AppData\Local\Microsoft\Windows\Temporary Internet Item # 5 Files\Content.Outlook\OH6PEXWY\8352-12 Ex A (3).docx Attachment number 2 \nPage 1 of 3 ORDINANCE NO. 8353-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWESTCORNER OF THEINTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075 AND 3087 CHERRY LANE, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: PropertyLand Use Category The East 269.05 feet of the North 100 feet Residential Urban (RU) of the South 110 feet of the South ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof, together with the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit“A” ishereby incorporated by reference. Section 2. The City Council does hereby certify that this ordinance is consistent with the City’s comprehensive plan. Section 3.This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No.8352-12. PASSED ON FIRST READING _____________________ PASSED ON SECOND AND FINAL _____________________ READING AND ADOPTED Item # 5 Ordinance No. 8353-12 Attachment number 2 \nPage 2 of 3 __________________________ George N. Cretekos Mayor Approved as to form: Attest: ____________________________________________________ Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk Item # 5 Ordinance No. 8353-12 Attachment number 2 \nPage 3 of 3 I RU 11 I I I RU 19 I 3112 I 3118 I RU RU 25 RU I R/OL 150 123 RLM RU I I 200 RU 201 FUTURE LAND USE MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 8353-12 Exhibit A Attachment number 3 \nPage 1 of 3 ORDINANCE NO. 8354-12 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CHERRY LANE AND MCMULLEN BOOTH ROAD, CONSISTING OF A PORTION OF THE SOUTH ½ OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 3075AND 3087 CHERRY LANE,TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF MCMULLEN BOOTH ROAD, UPONANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: PropertyZoning District The East 269.05 feet of the North 100 Low Medium Density feet of the South 110 feet of the South Residential(LMDR) ½ of the Southeast ¼ of the Northwest ¼ of the Northwest ¼ of Section 16, Township 29 South, Range 16 East, Pinellas County, Florida, LESS the East 162 feet thereof, Together with the abutting right-of-way of McMullen Booth Road. (ANX2012-05004) The map attached as Exhibit“A”ishereby incorporated by reference. Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 8352-12 PASSED ON FIRST READING ___________________________ PASSED ON SECOND AND FINAL ___________________________ Item # 5 READING AND ADOPTED Ordinance No.8354-12 Attachment number 3 \nPage 2 of 3 _______________________________ George N. Cretekos Mayor Approved as to form: Attest: ________________________________________________________ Leslie K. Dougall-SidesRosemarie Call Assistant City AttorneyCity Clerk Item # 5 Ordinance No.8354-12 Attachment number 3 \nPage 3 of 3 LMDR 11 I LMDR 19 3112 LMDR 3118 LMDR 25 I LMDR LMDR O 150 MHP 123 LMDR LMDR 200 LMDR 201 ZONING Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A EXHIBIT “A” Item # 5 Attachment number 4 \nPage 1 of 8 CHAMBLEELN PROJECT SITE Colonial Dr Cherry Ln Eastwood KENTUCKY DOWNING TENNESSEE Carolina LOCATION MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_Location.doc Attachment number 4 \nPage 2 of 8 AERIAL MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_Aerial.doc Attachment number 4 \nPage 3 of 8 27521 200 1918171615141312 250 11 21/07 4 250 21/08 19 22/14 300 123 456 78 20 1 2 3112 3 22/13 20 1 3118 4 91011 121314 1516 6 5 2 200 21/14 21/1221/13 21/1021/11 25 211 22/17 22/18 22/24 22/29 507(S) 123 234 4 5 23/01 83843 30 150 3.52 A 60 C 123 6 7 5 471(S) 1 34 5 6 35 13 46 8 9 200 2 23 22 8620 18 15 17 16 14 12 13 201 PROPOSED ANNEXATION MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_Proposed.doc Attachment number 4 \nPage 4 of 8 I RU 11 I I I RU 19 I 3112 I 3118 I RU RU 25 RU I R/OL 150 123 RLM RU I I 200 RU 201 FUTURE LAND USE MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_Future Land Use.doc Attachment number 4 \nPage 5 of 8 LMDR 11 I LMDR 19 3112 LMDR 3118 LMDR 25 I LMDR LMDR O 150 MHP 123 LMDR LMDR 200 LMDR 201 ZONING Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_Zoning.doc Attachment number 4 \nPage 6 of 8 27521 200 Single Family 1918171615141312 250 Detached Homes 11 Place of Worship, 21/07 Place of School, Athletic Fields 4 250 Worship 21/08 19 22/14 300 Townhouses 123 456 78 20 1 2 3112 3 22/13 20 1 3118 4 Single Family 91011 121314 1516 6 5 2 Detached Homes 200 Single Family 21/14 21/1221/13 21/1021/11 25 211 Detached Homes 22/17 22/18 22/24 22/29 507(S) Office 123 234 4 5 23/01 83843 Mobile Home 30 150 3.52 A 60 C 123 Park 6 7 5 471(S) Single Family Detached 1 34 5 6 Homes Social and 35 Community 13 46 8 9 200 2 Center 23 22 8620 18 15 1716 14 12 13 201 EXISTINGSURROUNDING USES MAP Owner: Pelfrey, Riley Dale Case: ANX2012-05004 Property 0.248 (parcel) Site: 3075 Cherry Lane & 3087 Cherry Lane SizeAcres:0.489 ROW ()() Land Use Zoning 16-29-16-00000-220-3000 & PIN: 16-29-16-00000-220-4100 From : RU R-2 To: RU LMDR Atlas Page: 292A Item # 5 S:\Planning Department\C D B\Annexations (ANX)\Active Cases\Cherry Lane 3075 ANX2012-05004 - Pelfrey\Maps\ANX2012- 05004_ExistingSurrounding.doc Attachment number 4 \nPage 7 of 8 View looking south at the subject property, 3087 Cherry LaneView looking south at the subject property, 3075 Cherry Lane Across the street, to the north of the subject property, Across the street, to the north of the subject property, 3087 Cherry Lane3075 Cherry Lane East of the subject property, 3087 Cherry LaneWest of the subject property, 3075 Cherry Lane Looking southerly along McMullen Booth Road frontage ANX2012-05004 Item # 5 Pelfrey, Riley Dale 3075 Cherry Lane & 3087 Cherry Lane Page 1 of 2 Attachment number 4 \nPage 8 of 8 View looking easterly along Cherry LaneView looking westerly along Cherry Lane ANX2012-05004 Item # 5 Pelfrey, Riley Dale 3075 Cherry Lane & 3087 Cherry Lane Page 2 of 2 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Adopt Ordinance 8343-12 on second reading, relating to signs; amending Section 102 of Article 8, Definitions and Rules of Construction of the Community Development Code; Repealing Division 18 of Article 3, Development Standards, of the Community Development Code and adopting a new Division 18, Signs, of Article 3, Development Standards, of the Community Development Code. SUMMARY: Review Approval: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 66 Item # 6 Attachment number 1 \nPage 2 of 66 Item # 6 Attachment number 1 \nPage 3 of 66 Item # 6 Attachment number 1 \nPage 4 of 66 Item # 6 Attachment number 1 \nPage 5 of 66 Item # 6 Attachment number 1 \nPage 6 of 66 Item # 6 Attachment number 1 \nPage 7 of 66 Item # 6 Attachment number 1 \nPage 8 of 66 Item # 6 Attachment number 1 \nPage 9 of 66 Item # 6 Attachment number 1 \nPage 10 of 66 Item # 6 Attachment number 1 \nPage 11 of 66 Item # 6 Attachment number 1 \nPage 12 of 66 Item # 6 Attachment number 1 \nPage 13 of 66 Item # 6 Attachment number 1 \nPage 14 of 66 Item # 6 Attachment number 1 \nPage 15 of 66 Item # 6 Attachment number 1 \nPage 16 of 66 Item # 6 Attachment number 1 \nPage 17 of 66 Item # 6 Attachment number 1 \nPage 18 of 66 Item # 6 Attachment number 1 \nPage 19 of 66 Item # 6 Attachment number 1 \nPage 20 of 66 Item # 6 Attachment number 1 \nPage 21 of 66 Item # 6 Attachment number 1 \nPage 22 of 66 Item # 6 Attachment number 1 \nPage 23 of 66 Item # 6 Attachment number 1 \nPage 24 of 66 Item # 6 Attachment number 1 \nPage 25 of 66 Item # 6 Attachment number 1 \nPage 26 of 66 Item # 6 Attachment number 1 \nPage 27 of 66 Item # 6 Attachment number 1 \nPage 28 of 66 Item # 6 Attachment number 1 \nPage 29 of 66 Item # 6 Attachment number 1 \nPage 30 of 66 Item # 6 Attachment number 1 \nPage 31 of 66 Item # 6 Attachment number 1 \nPage 32 of 66 Item # 6 Attachment number 1 \nPage 33 of 66 Item # 6 Attachment number 1 \nPage 34 of 66 Item # 6 Attachment number 1 \nPage 35 of 66 Item # 6 Attachment number 1 \nPage 36 of 66 Item # 6 Attachment number 1 \nPage 37 of 66 Item # 6 Attachment number 1 \nPage 38 of 66 Item # 6 Attachment number 1 \nPage 39 of 66 Item # 6 Attachment number 1 \nPage 40 of 66 Item # 6 Attachment number 1 \nPage 41 of 66 Item # 6 Attachment number 1 \nPage 42 of 66 Item # 6 Attachment number 1 \nPage 43 of 66 Item # 6 Attachment number 1 \nPage 44 of 66 Item # 6 Attachment number 1 \nPage 45 of 66 Item # 6 Attachment number 1 \nPage 46 of 66 Item # 6 Attachment number 1 \nPage 47 of 66 Item # 6 Attachment number 1 \nPage 48 of 66 Item # 6 Attachment number 1 \nPage 49 of 66 Item # 6 Attachment number 1 \nPage 50 of 66 Item # 6 Attachment number 1 \nPage 51 of 66 Item # 6 Attachment number 1 \nPage 52 of 66 Item # 6 Attachment number 1 \nPage 53 of 66 Item # 6 Attachment number 1 \nPage 54 of 66 Item # 6 Attachment number 1 \nPage 55 of 66 Item # 6 Attachment number 1 \nPage 56 of 66 Item # 6 Attachment number 1 \nPage 57 of 66 Item # 6 Attachment number 1 \nPage 58 of 66 Item # 6 Attachment number 1 \nPage 59 of 66 Item # 6 Attachment number 1 \nPage 60 of 66 Item # 6 Attachment number 1 \nPage 61 of 66 Item # 6 Attachment number 1 \nPage 62 of 66 Item # 6 Attachment number 1 \nPage 63 of 66 Item # 6 Attachment number 1 \nPage 64 of 66 Item # 6 Attachment number 1 \nPage 65 of 66 Item # 6 Attachment number 1 \nPage 66 of 66 Item # 6 Attachment number 2 \nPage 1 of 26 Item # 6 Attachment number 2 \nPage 2 of 26 Item # 6 Attachment number 2 \nPage 3 of 26 Item # 6 Attachment number 2 \nPage 4 of 26 Item # 6 Attachment number 2 \nPage 5 of 26 Item # 6 Attachment number 2 \nPage 6 of 26 Item # 6 Attachment number 2 \nPage 7 of 26 Item # 6 Attachment number 2 \nPage 8 of 26 Item # 6 Attachment number 2 \nPage 9 of 26 Item # 6 Attachment number 2 \nPage 10 of 26 Item # 6 Attachment number 2 \nPage 11 of 26 Item # 6 Attachment number 2 \nPage 12 of 26 Item # 6 Attachment number 2 \nPage 13 of 26 Item # 6 Attachment number 2 \nPage 14 of 26 Item # 6 Attachment number 2 \nPage 15 of 26 Item # 6 Attachment number 2 \nPage 16 of 26 Item # 6 Attachment number 2 \nPage 17 of 26 Item # 6 Attachment number 2 \nPage 18 of 26 Item # 6 Attachment number 2 \nPage 19 of 26 Item # 6 Attachment number 2 \nPage 20 of 26 Item # 6 Attachment number 2 \nPage 21 of 26 Item # 6 Attachment number 2 \nPage 22 of 26 Item # 6 Attachment number 2 \nPage 23 of 26 Item # 6 Attachment number 2 \nPage 24 of 26 Item # 6 Attachment number 2 \nPage 25 of 26 Item # 6 Attachment number 2 \nPage 26 of 26 Item # 6 Attachment number 3 \nPage 1 of 1 Item # 6 Attachment number 4 \nPage 1 of 1 Item # 6 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve a Joint Project Agreement with Pasco County to install natural gas mains, by roadway contractor, along Ridge Road (CR 524) from Broad Street to Moon Lake/Decubellis Road, as part of a roadway improvement project at an estimated cost of $448,313.25, and authorize the appropriate officials to execute same. (consent) SUMMARY: Pasco County has prepared construction plans to widen and improve Ridge Road (CR 524) between Broad Street and Moon Lake Road/Decubellis Road . Pasco County and Clearwater Gas System have determined it is economically and operationally beneficial to enter into a Joint Project Agreement (JPA) and have the General Contractor install the gas mains, in conjunction with the road construction project. Contractor will install approximately 1,100 feet of 2- inch gas main and 17,200 feet of 4-inch gas main (18,300 feet total). Having the General Contractor install the natural gas mains allows work to be done in a timely manner and releases Clearwater Gas System from penalty payments. Funding for this agreement is available in capital project 315-96378  Pasco New Mains and Service Lines. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: 448,313.25448,313.25 Not to Exceed:Total Cost: 448,313.25448,313.25 For Fiscal Year: 10/1/2011 to 9/30/2012 Appropriation CodeAmountAppropriation Comment 315-96378448,313.25Pasco New Mains and Service Lines Bid Required?:Bid Number: No Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 7 Attachment number 1 \nPage 1 of 10 2 Item # 7 Attachment number 1 \nPage 2 of 10 Item # 7 Attachment number 1 \nPage 3 of 10 Item # 7 Attachment number 1 \nPage 4 of 10 Item # 7 Attachment number 1 \nPage 5 of 10 Item # 7 Attachment number 1 \nPage 6 of 10 Item # 7 Attachment number 1 \nPage 7 of 10 Item # 7 Attachment number 1 \nPage 8 of 10 Item # 7 Attachment number 1 \nPage 9 of 10 Item # 7 EXHIBIT “A” CLEARWATER GAS SYSTEM (CGS) WORK ESTIMATE JOINT PROJECT AGREEMENT BETWEEN PASCO COUNTY AND THE CITY OF CLEARWATER, FLORIDA, D/B/A CLEARWATER GAS SYSTEM, FOR GAS MAIN INSTALLATION WITHIN THE RIDGE ROAD (CR 524) PROJECT FROM BROAD STREET TO MOON LAKE ROAD / DECUBELLIS ROAD BY THE ROADWAY CONTRACTOR ALTERNATE “A” – CGS WORK UNIT PRICE TOTAL COST ITEM NO. ITEM DESCRIPTION QUANTITY UNITS $36,910 CGMOB Mobilization 1 LS $36,910 18,455 CGMOT Maintenance of Traffic 1 LS 18,455 2,500 CGSUR Survey, Utility AsBuilt Drawings 1 LS 2,500 15 1 Utility Pipe, Install Only, PE, Gas 2” 1,000 LF 15,000 2 Utility Pipe, Install Only, PE, Gas 4” 15,700 LF 20 314,000 3 Utility Pipe, Install Only, PE, Dir. Bore, Gas 2” 100 LF 20 2,000 4 Utility Pipe, Install Only, PE, Dir. Bore, Gas 4” 1,500 LF 25 37,500 5 Utility Fixtures, Install Only, 4” Valve and Box 4 EA 50200 6 Utility Fixtures, Install Only, 4”x2” Tee 8 EA 50400 ALT “A” TOTAL$ 426,965.00 COUNTY Administrationcosts% 5%$ 21,348.25 TOTAL$ 448,313.25 LOCATION MAP N.T.S. Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve Change Order 1 to Layne Inliner, LLC (Reynolds Inliner), in the amount of $400,000.00 for sanitary sewer line cleaning and inspection at various locations throughout the City of Clearwater for a new contract total of $1,200,000.00; and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has initiated a comprehensive maintenance program to clean, inspect, rehabilitate and repair existing sanitary sewer pipelines and manholes throughout the City of Clearwater. A key element of the maintenance program is preventative cleaning and inspecting with closed circuit television to identify deficiencies in the underground infrastructure. This type of work is performed by a combination of both City and contract crews in order to meet program goals. The program objective is to maintain the integrity of the sanitary sewer system and minimize disruptions in service to our citizens. April 15, 2010, the Clearwater City Council awarded a contract to Reynolds Inliner, LLC for the Sanitary Sewer and Televising Inspection per Bid No. 09-0047-UT in the amount of $800,000 with two one-year extensions, when agreed by both parties. Reynolds Inliner, LLC has changed their name to Layne Inliner, LLC and agreed to honor the pricing with the same terms and conditions of the contract to provide continued services to the City. The City Utilities staff will coordinate with in-house crew progress and direct the contractor, on an ongoing basis, to those areas as prescribed in the preventative maintenance schedule to meet program goals. Sufficient revenue is available in Utility Renewal and Replacement project 0327-96665, Sanitary Sewer R and R to fund this change order. Type: Capital expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $400,000 Not to Exceed:Total Cost: For Fiscal Year: 2011 to 2012 Cover Memo Item # 8 Appropriation CodeAmountAppropriation Comment 0327-96665-563800-535-000-$400,000See Summary 0000 09- Bid Required?:Bid Number: No0047- UT Other Bid / Contract:Bid Exceptions: None Review Approval: Cover Memo Item # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City Attorney to allocate up to an additional $50,000.00 for defense of Szlechta v. City and Rudman v. City through trial. (consent) SUMMARY: On April 17, 2007, Council authorized the City Attorney to hire Jeffrey L. Hinds, Esq., as defense counsel in inverse condemnation matters and who specializes in such matters to represent the City in the case of On February 17, 2009, the City Council authorized the City Attorney to extend Mr. Hinds' representation to include and, The liability portion of case was tried in 2009 and the City received a favorable ruling. The cases of and, are set for trial the week of August 27. Additional funding of $50,000.00 is requested to cover the expenses of the scheduled trials of the liability portions of these two cases. The funding is available and will come from the City Attorney's professional services budget. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNone Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: $50,000 Not to Exceed:Total Cost: For Fiscal Year: 10012011 to 09302012 Appropriation CodeAmountAppropriation Comment 010-09600-530100-514-000-$50,000 0000 Bid Required?:Bid Number: No Sole Other Bid / Contract:Bid Exceptions: Source Cover Memo Review Approval: Item # 9 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City Attorney to hire Thompson, Sizemore, Gonzalez and Hearing to represent the City in the case of John Klinefelter et. al v. City of Clearwater for the total estimated amount of $50,000.00. (consent) SUMMARY: Individual Fire employees and former employees have filed a combined action in United States District Court alleging that the City improperly calculated their overtime hours and that they are due additional overtime pay at time-and-a half under the federal Fair Labor Standards Act. Specifically, Plaintiffs allege that the City improperly used premium payments for idle holiday hours to offset overtime pay, which would otherwise be due. Plaintiffs are requesting a jury trial. The City has filed an answer and defenses in the case arguing good faith, statute of limitations [2-3 years], and action in accordance with the collective bargaining agreement [neither the employees nor the union ever complained about the payroll practices]. The City Attorney has assigned defense of this lawsuit to Tom Gonzalez, Esq. of the law firm of Thompson, Sizemore, Gonzalez and Hearing. The estimated cost to defend this suit is estimated to be $50,000.00 The funding for this case is available in and will come out of the City Attorneys professional services budget. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: $50,000 For Fiscal Year: 10012011 to 09302012 Appropriation CodeAmountAppropriation Comment 010-09600-530100-514-000-$50,000 0000 Bid Required?:Bid Number: No Sole Other Bid / Contract:Bid Exceptions: Source Review Approval: Cover Memo Item # 10 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Authorize the City Attorney to utilize the legal services of Bob Reid, Esq. in connection with the Operating and Use Agreement being negotiated for the Capitol Theater in an amount not to exceed $20,000. SUMMARY: The City currently has a Legal Services Agreement with Bob Reid, Esq. to act as Bond Counsel for the City. In this agreement, there is a section providing for other legal services at an hourly rate upon request of the City Attorney. The City is currently negotiating an Operating and Use Agreement with Ruth Eckerd Hall for the Capitol Theater. The City Attorney would like to utilize the services of Mr. Reid to assist in these negotiations. Mr. Reid has agreed to an hourly rate of $350.00, for a total amount not to exceed $20,000. Funding for this is available in and will come from the City Attorney's Professional Services budget. Type: Operating Expenditure Current Year Budget?:Budget Adjustment: YesNo Budget Adjustment Comments: Current Year Cost:Annual Operating Cost: Not to Exceed:Total Cost: $20,000 For Fiscal Year: 10/01/2011 to 09/30/2012 Appropriation CodeAmountAppropriation Comment 010-09600-530100-514-000- 0000 Bid Required?:Bid Number: No Other Bid / Contract:Bid Exceptions: Other Review Approval: Cover Memo Item # 11 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve the request to change the name of First Avenue North, a right-of-way under the jurisdiction of the City of Clearwater, to Dimmitt Drive; and adopt Resolution 12-13. SUMMARY: Owners of Dimmitt Chevrolet and Cadillac have submitted a request to the City to change the name of First Avenue North to Dimmitt Drive. The subject street extends from its western terminus at US Highway 19 North to its eastern terminus at Chautauqua Avenue for a total length of approximately 546 feet. Lawrence Dimmitt, III and LHD Properties, Ltd. own all property fronting both the north and south sides of First Avenue North; both owners are associated with the Dimmitt dealership operations. Pinellas County and the local Postmaster of the United States Postal Service have each submitted a letter of no objection to the request. The Engineering Department conducted an interdepartmental review of the request. Representatives of all City departments, potentially affected by the vacation, have no objection to the request. Review Approval: Cover Memo Item # 12 Attachment number 1 \nPage 1 of 2 RESOLUTION NO. 12-13 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, PURSUANT TO SEC. 28.02, CLEARWATER CODE OF ORDINANCES, CHANGING THE NAME OF FIRST AVENUE NORTH LYING EAST OF US HIGHWAY 19, WEST OF CHAUTAUQUA AVENUE AND WITHIN THE CITY LIMITS OF CLEARWATER, TO ; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater received a petition from a local business owner, who owns all real property with frontage along First Avenue North, requesting the street name change; and WHEREAS, the City of Clearwater, pursuant to Sec. 28.02 Clearwater City Code of Ordinances wishes to change the name of First Avenue North lying east of US Highway 19 North, west of Chautauqua Avenue and within the City limits of Clearwater, ;ow, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. First Avenue North, lying east of US Highway 19 North, west of Chautauqua Avenue and within the City Limits of Clearwater, as shown on the attached Exhib Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _______ day of _____________, 2012. ____________________________ George N. Cretekos Mayor Approved as to form: Attest: __________________________ _____________________________ Camilo Soto Rosemarie Call Assistant City Attorney City Clerk Item # 12 Resolution No. 12- 13 Attachment number 1 \nPage 2 of 2 EXHIBIT A RD ENTERPRISE FOURTHAVE N THIRDAVE N SECOND AVE N Lakebreeze Ln N Lakebreeze Ln S Dr DR CT N RD McCORMICK DR Chels CT S CAMDEN ² Resolution 12-13: 0300600 Street Name Change Item # 12 First Ave N to Dimmitt Dr Feet Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CD Reviewed By:CL Date:07/23/2012 Grid #:233A S-T-R:32-28-16 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Attachment number 2 \nPage 1 of 1 LOCATION MAP RD ENTERPRISE FOURTHAVE N AVE THIRDN SECOND AVEN Lakebreeze Ln N Lakebreeze Ln S Dr DR CT N RD McCORMICK DR Che CTS ² Dimmitt Chevrolet: Legend 25485 US HIGHWAY 19 N Item # 12 Dimmitt Chevrolet Parcel Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Map Gen By:CD Reviewed By:CL Date:07/19/2012 Grid #:233A S-T-R:32-28-16 Scale:N.T.S. Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Item # 12 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Declare City-owned property at 401 Cleveland Street (Property) as needed for municipal purposes other than the purpose provided for in that certain lease entered into between the City of Clearwater (City) and the Greater Clearwater Chamber of Commerce (Chamber) on January 27, 2011, which currently encumbers the Property; and authorize staff to provide sixty days notice to the Chamber of termination of the current lease for municipal purpose as provided for in Section 17(d) of the lease. SUMMARY: The City entered into an Amended and Restated Business Lease Contract (Lease) with the Greater Clearwater Chamber of Commerce on January 27, 2011 for the Chambers occupancy of City-owned property at 401 Cleveland Street. The current Lease expires on February 28, 2013. Pursuant to the Lease, the City may terminate the Lease upon determination by the City Council at a duly constituted City Council Meeting that the Lease premises are needed for other municipal purposes. The City and Ruth Eckerd Hall, Inc. are negotiating the terms of a lease for the expansion, renovation and operation of the Capitol Theatre. 401 Cleveland Street is adjacent to the Capitol Theatre and is included in the theatre expansion and renovation plans. Ruth Eckerd Hall, Inc. has approached the City with a request for access to the Property by the first week of November, 2012 to begin renovations. With direction from Council, staff will provide sixty days notice of termination of the Lease to the Greater Clearwater Chamber of Commerce. Review Approval: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 2 Item # 13 Attachment number 1 \nPage 2 of 2 Item # 13 Meeting Date: 8/16/2012 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Resolution Endorsing Establishment of a Comprehensive Public Transit System - Councilmembers Hock-DiPolito and Jonson SUMMARY: Review Approval: Cover Memo Item # 14 Pinellas Alternatives Analysis: Locally Preferred Alternative As Endorsed by the Project Advisory Committee on 1/30/2012 Downtown 275 19 Clearwater Area 4 275 Connection to Greater Gateway Area and Howard Frankland Bridge ALT 19 275 19 Attachment number 1 \nPage 1 of 1 O 1 Miles Downtown St. Petersburg 275 Tropicana Tropicana Field Field Downtown 5th Ave N 5th Ave N St. Petersburg 1st Avenue S 1st Avenue S Connection to Greater Gateway area and 175 Area Howard Frankland Bridge Aerial Source: Bing Maps 2011 Study Area Source: Pinellas County, Florida Department of Transportation, F Item # 14 Attachment number 3 \nPage 1 of 1 F11.2035PPBN IGUREOLICYLANUSETWORK FIGURE 11 Item # 14 59 PINELLASCOUNTYLONGRANGETRANSPORTATIONPLAN Attachment number 4 \nPage 1 of 4 Item # 14 Attachment number 4 \nPage 2 of 4 Item # 14 Attachment number 4 \nPage 3 of 4 Item # 14 Attachment number 4 \nPage 4 of 4 Item # 14 Attachment number 5 \nPage 1 of 3 Item # 14 Attachment number 5 \nPage 2 of 3 Item # 14 Attachment number 5 \nPage 3 of 3 Item # 14