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`� STAFF REPORT
MEETING DATE: April 16,2013
AGENDA ITEM: F. 1.
CASE: TA2013-03002
ORDINANCE NO.: 8402-13
REQUEST: Amendments to the Community Development Code
INITIATED BY: City of Clearwater,Planning and Development Department
BACKGROUND:
U.S. Highway 19 has been transitioning from a roadway with numerous trafFc signals and
medians cuts to a controlled access facility with limited channelized medians, new interchanges
and a frontage road. Current construction within the City of Clearwater will eliminate the
intersection of Enterprise Road and U.S. Highway 19. This will greatly alter traffic circulation
patterns in the area and impact the driving public and the businesses located at this intersection.
There is a need to assist the public with navigating a new traffic circulation pattern and the
current sign regulations do not provide for any type of temporary wayfinding signage in these
types of circumstances.
The Planning and Development Department recently has identified potential conflicting language
in the termination of nonconformity provisions and believes it would be appropriate to make
some revisions to better clarify how termination of nonconformities should be processed and
when and under what conditions a termination runs with the land and when it should be null and
void.
ANALYSIS:
Proposed Ordinance No. 8402-13 includes amendments to Division 3 Development Standards,
Signs and Division 6 Nonconformity Provisions as outlined below.
1. Temporary Wayfinding Signs [pages 2 and 3 of OrdinanceJ
Proposed Ordinance No. 8402-13 establishes the City's ability to erect temporary wayfinding
signs when the City Manager determines that a public construction project significantly changes
an existing traffic circulation pattern. These signs may be up to 12 feet in height and 8 square
feet in area. The City Engineer will determine the number and location of temporary wayfinding
signs based on the extent of the changed pattern and the number and uses of properties impacted.
The signs will be designed, fabricated, installed and removed by the City Engineer. Owners of
Community Development Board—December 18,2012
TA2012-10008—Page 1
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property impacted by the changed pattern may request to have their property referenced on the
signs and will be obligated to reimburse the City for all costs incurred.
2. Termination of Status of Nonconformity [pages 3- S of OrdinanceJ
The proposed ordinance amends Code Section 6-109 to provide more clarity with regard to the
application of the termination of nonconforming density provisions and allows terminated height
within the Downtown District to be rebuilt. The current provisions do not clearly state what
happens to terminated density in the event certain improvements are not made. There is an
implication that the termination should run with the land but the existing language could be
subject to interpretation. Proposed Ordinance 8402-13 provides for several scenarios as follows:
• Existing uses that aze afforded a termination of nonconforming density/intensity must
make certain property improvement within one year of the termination or the termination
is null and void.
• If reconstruction (redevelopment) of terminated density is approved, the redevelopment
must comply with existing code provisions and be built within the timeframes required
by the development order. If that does not occur, certain property improvements must be
made within one year of the order to vest the termination. If that does not occur, the
termination is null and void.
• If the improvements on a property are demolished during the valid timeframe of a
development order authorizing a termination, the property will be deemed to be in
compliance and the termination will be vested. Whenever the property is developed with
the terminated density,all code requirements in effect will have to be met.
A new provision is also proposed that would allow property in the Downtown zoning district that
has been subject to a termination of nonconforming building height to be reconstructed at that
height if certain criteria are met. The proposed criteria will ensure that a redevelopment project
meet all other code requirements and the Downtown Redevelopment Plan; that the increased
height would not negatively impact the surrounding area; that the design would enhance the
community character of the surrounding area; and the intended vision for the character district in
which the property is located would be met.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Cod Section 4-601 sets forth the procedures and criteria for reviewing
text amendments. All text amendments must comply with the following:
1. The proposed amendment is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
A review of the Clearwater Comprehensive Plan identified the following Goal, Objective and
Policy which will be furthered by the proposed Code amendments:
Community Development Board—December 18,2012
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Goal A.3 The City of Clearwater shall ensure that all development or redevelopment
initiatives meet the safety, environmental, and aesthetic needs of the City
through consistent implementation of the Community Development Code.
Objective A3.1 All signage within the City of Clearwater sha11 be consistent with the
Clearwater sign code, as found within the Community Development Code,
and all proposed signs shall be evaluated to determine their effectiveness
in reducing visual clutter and in enhancing the safety and attractiveness of
the streetscape.
Policy A.5.5.1 Development should be designed to maintain and support the existing or
envisioned character of the neighborhood.
The proposed temporary wayfinding provisions will establish sign regulations to address
impacts of public construction projects when they significantly alter the roadway network.
The proposed amendment establishes reasonable standards for signage that will be effective
in safely rerouting the driving public while not creating clutter. The proposed amendments
also clarify the termination of status of nonconformity provisions to better facilitate
appropriate property improvements and redevelopment. As such, the above referenced
elements 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 nurnose of this Develonment Code to imnlement the Comnrehensive 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).
■ Protect the character and the social and economic stability of all parts of the city through
the establishment of reasonable standards which encourage the orderly and beneficial
development of land within the city (Section 1-103.E.2., CDC).
■ Protect and conserve the value of land throughout the city and the value of buildings and
improvement upon the land, and minimize the conflicts among the uses of land and
buildings (Section 1-103.E.3., CDC).
■ Provide the most beneficial relationship between the uses of land and buildings and the
circulation of traffic throughout the city, with particular regard for safe and efficient
vehicular and pedestrian traffic movement (Section 1-103.E.4., CDC).
• Coordinate the provisions of this Development Code with corollary provisions relating to
parking, fences and walls, signs and like supplementary requirements designed to
Community Development Board—December 18,2012
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establish an integrate and complete regulatory framework for the use of land and water
within the city (Section 1-103.E.12., CDC).
The amendments proposed by this ordinance will further the above referenced purposes by
clarifying existing rules of development for properties requesting termination of
nonconformity while ensuring that certain standards are met to vest such approvals.
Additionally the ordinance provides for temporary wayfinding signs to assist in the safe and
efficient circulation of traffic and promotes the economic sta.bility of parts of the city
negatively impacted by changes in the road network.
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
recommends APPROVAL of Ordinance No. 8402-13 that amends the Community Development
Code.
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Prepared by Planning and Development Department Staff:
Gi L. Clayton
Assistant Planning& Development Director
ATTACHMENT:Ordinance No.8402-13
Community Development Board—December 18,2012
TA2012-10008—Page 4
ORDINANCE NO. 8402-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 18,
SIGNS, SECTION 3-1806 SIGNS PERMITTED WITHOUT A PERMIT,
TO ALLOW SIGNS WITHIN PUBLIC RIGHTS-OF-WAY TO PROVIDE
WAYFINDING DURING PUBLIC CONSTRUCTION PROJECTS;
AMENDING ARTICLE 6, SECTION 6-109, TERMINATION OF STATUS
AS A NONCONFORMITY, TO ALLOW TERMINATED HEIGHT TO BE
REBUILT IN CERTAIN CIRCUMSTANCES AND TO CLARIFY THAT
THE TERMINATION OF NONCONFORMING DENSITY RUNS WITH
THE LAND INSTEAD OF WITH A SITE PLAN APPROVAL; CERTIFYING
CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND
PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, U.S. Highway 19 is being redesigned and certain east-west connections will
be eliminated and traffic circulation patterns changed;
WHEREAS, it would be in the public interest #o help the driving public adapt to such
changed traffic circulation patterns;
WHEREAS, temporary wa�nding signage may be appropriate in certain circumstances
due to significant changes in the roadway network;
WHEREAS, upon review of the termination of status of nonconformities provisions, it is
evident that the language should be clarified;
WHEREAS, it would be appropriate to clarify that terminated nonconforming densities
run with the land provided certain improvements are made;
WHEREAS, the City of Clearwater desires to allow terminated nonconforming height to
be reconstructed in limited circumstances;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 18, Signs, Section 3-
1806, of the Community Development Code, is hereby amended as follows:
Section 3-1806.U. Signs during public construction projects. The followina signage shall be
allowed in coniunction with qublic construction projects that are scheduled to last 180 days or lonyer.
1. Temporary sidewalk signs are permitted for properties abutting uali in public construction
projects , in accordance with the following criteria.
�. a. There shall be a maximum of finro sidewalk signs permitted per parcel adjacent to the public
construction project, and parcels with multiple businesses shall coordinate copy on the
signs permitted.
�. b. Sidewalk signs permitted under this section shall be allowed to be displayed for the duration
of the public construction project starting with project commencement and shall be removed
within seven days after the final acceptance, by the city, of improvements.
�c. The size of any sidewalk sign shall not exceed eight square feet in total sign face area, and
shall not exceed four feet in height.
4. d. Sidewalk signs permitted under this section shall be constructed in a professional and
workmanlike manner from treated wood or other durable material, and copy displayed shall
not be spray painted onto the signs.
�e. No sidewalk sign, permitted as part of this section shall be permanently erected, and shall
only be displayed during hours of operation for the business being advertised.
�f_No sidewalk sign shall be placed so as to block any public way, or within the visibility triangle
of intersections or driveways.
2. Temporarv wa�nding signs may be permitted on publicly owned land or easements or in'side
public riahts-of-wav if the City Manager finds that there is a aualifying public construction project
that results in a permanent and significant change to the existing traffic circulation patterns within
the construction project limits. Such signage shall comply with the following criteria:
a. Temporarv wa�nding signs shall not be erected prior to the commencement of the public
construction project and shall be removed after the conclusion of the project when the Citv
Enqineer determines that the travelinq public has had sufficient time to adjust to the new
circulation patterns.
b. Temporarv wa�ndina siqns shall not exceed eiqht square feet in area and twelve feet in
height•
c. The number and location of temqorary wa�ndina signs shall be determined by the City
Enqineer and shall serve to notify and help motorists navigate a new traffic circulation
pattern. In determininq the appropriate number of signs, the City Engineer shall consider the
nature of the chanaed pattern. the uses and the number of properties directly impacted by
such changed patterns.
Ordinance No.8402-13 Page 2
d. The City Engineer shall determine the number of properties that can be listed on each
temporary wa�ndinq sign. The owner(s� of a parcel of land directiv affected by the changed
traffic circulation pattern may request to be included on such wa�ndinq signs. No more
than one reference may be made per parcel per sign. For purposes of temporary
wavfindinQ, onlv one reference shall be used for multiple tenant shoppina centers, including
all outparcels, and one for office buildinQS.
e. Temqorary wa�nding signs shall not conceal or obstruct adjacent land uses or signs, shall
not interFere with or obstruct the vision of motorists. bicyclists or pedestrians.
f. The_citv shall desian, fabricate, install and remove all temporary wa�nding signs and the
owners(s) of qroperty referenced on the signs shall reimburse the City for those costs. Such
sians shall be installed and maintained in a safe manner.
g The Citv of Clearwater retains all riahts of removal for temporarv wayfindina signs.
Section 2. That Article 6, Nonconformity Provisions, Division 6-109 of the Community
Development Code, be, and the same is hereby amended to read as follows:
Section 6-109. Termination of status as a nonconformity.
A. A nonconforming use or structure may be deemed to be in conformity with this Development
Code, and may thereafter be allowed to continue and to expand as a lawfully existing use or
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this section.
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A structure which is nonconformin4 with respect to density/intensity may be deemed to be in
conformitv with this Development Code and may thereafter be allowed to continue to expand or
be reconstructed provided such termination of nonconformina densitv�ntensity is granted
throuph a Level Two aaproval. Additionally a site plan shall be submitted concurrently for review
and approval by the Community Devetopment Board that demonstrates compliance with the
followinq:
1. If the existing structure is to remain or be expanded such reauired site plan shall
demonstrate comoliance with the provisions set forth in Section 6-109 C below All reauired
improvements shall be completed within one year of the issuance of the Level Two
development order approval or the termination will be null and void.
Ordinance No.8402-13 Page 3
2. If reconstruction of the nonconformina densitv/intensity is proposed, the required Level One
or Level Two application shall be submitted in conjunction with the Level Two termination
reauest and shall demonstrate compliance with the provisions of this Communitv
Development Code. In the event such reconstruction does not occur within the timeframe
specified in the development order qranting the termination, such properly shall comply with
the provisions set forth in Section 6-109.0 below within one year of the expiration of the
development order or the termination of nonconformity will be null and void.
3. If the reauired improvements or reconstruction authorized in any development order rq anted
pursuant to 6-109.B. 1 or 2 above are constructed. the nonconformina density/intensity shall
be deemed leaal and shall run with the land. Anv future redevelopment utilizing this
density/intensity shall comply with the provisions of the Community Development Code in
effect at that time.
4. Should the improvements on a propertv be demolished during the valid timeframe of a
development order terminatinq nonconforminq density/intensity pursuant to this section and
the property is vacant, the property shall be deemed to be in compliance with these
provisions and such termination of nonconforming density/intensity shall be vested and run
with the land.
5. Any terminated nonconforming units/floor area qranted through Section 6-109.B. 1 or 2
above shall not be transferred to another site or converted for another use.
C. A level two approval shall not be granted to terminate status as a nonconforming use or
structure unless the nonconformity is improved according to the following requirements_
1. Perimeter buffers conforming to the requirements of Section 3-1202(� D�shall be installed.
2. 9ff-street ,raarking lots shall be imnroved to meet the landscaping standards established in
Section 3-1202(�E).
3. Any nonconforming signs, outdoor lighting or other accessory structure or accessory use
located on the lot shall be terminated, removed or brought into conformity with this
development code.
4. The comprehensive landscaping and comprehensive sign program may be used to satisfy
the requirement of this section.
5. The use and structure complies with the peneral standards for Level One and Level Two
approvals set forth in Section 3-914.
D. Any property located in the Downtown District that has been subject to a termination of
nonconformitv with reaard to building heiqht may reconstruct such height if approved by the
Communitv Development Board as Level Two approval in accordance with the following criteria:
1. The reconstruction complies with all other requirements of this Community Development
Code and the Clearwater powntown Redevelopment Plan: and
2. The reconstruction of such increased height would not neaatively impact the surroundina
area; and
Ordinance No.8402-13 Page 4
_ —_
3. The design of the proqosed project creates a form and function which enhances the
community character of the immediate vicinity of the parcel proposed for development and
complies with the Downtown Desiqn Guidelines: and
4. The intended vision for the character district in which the�roperty is located would be met.
Section 3. Amendments to the Community Development Code of the City of
Clearwater (as originally adopted by Ordinance No. 6348-99 and subsequently amended) are
hereby adopted to read as set forth in this Ordinance.
Section 4. The City of Clearwater does hereby certify that the amendments
contained herein, as well as the provisions of this Ordinance, are consistent with and in
conformance with the City's Comprehensive Plan.
Section 5. Should any part or provision of this Ordinance be declared by a court of
competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a
whole, or any part thereof other than the part declared to be invalid.
Section 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
George N. Cretekos
Mayor
Approved as to form: Attest:
Leslie K. Dougall-Sides Rosemarie Call
Assistant City Attorney City Clerk
Ordinance No.8402-13 Page 5
Gina L. Clayton
100 South Myrtle Avenue
Clearwater,Florida 33756
727-562-458'7
�ina.clavton(a),mvclearwater.com
PROFESSIONAL EXPERIENCE
• Assistant Planning and Development Director
City of Clearwater September 2009 to present
Responsible for assisting the Planning and Development Director in directing the day-to-day
planning, zoning, building and code compliance operations including the supervision of the
Long Range Planning, Development Review and Code Compliance Managers, as well as the
Building Official. Serve as staff to the Community Development Board, Municipal Code
Enforcement Board and City Council.
• Assistant Planning Director
City of Clearwater Apri12005 to September
2009
Responsible for assisting the Planning Director in directing the day-to-day planning and zoning
operations including the supervision of the Long Range Planning Manager and Development
Review Manager. Served as staff to the Community Development Board and City Council.
• T,nna Ranvp Plarsr�a�iu lYi�r��uPr
a------a-'---- a a
City of Clearwater 2001 to 2005
Responsible for numerous aspects of the Growth Management Act of Florida including
comprehensive planning, future land use plan amendments, rezonings, and annexations.
Supervised long range planning staff. Served as staff to the Community Development Board and
presented long range cases/issues to the City Council. Responsible for the preparation of special
area plans and the site plan review process within the Downtown Plan area. Served as the city's
representative on countywide and regional planning agency committees.
• Senior Planner
City of Clearwater 1999 to 2001
Responsible for various long rang planning projects/studies including the preparation of major
amendments to the Community Development Code, updates of special area plans, and the
development of neighborhood plans and test amendments to the Comprehensive Plan. Served as
staff to the Community Development Board, presented projects to the City Council and served as
the city's representative on the Pinellas Planning Council's Planners Advisory Committee.
• Community Development Director
City of Indian Rocks Beach 1997 to 1999
Responsible for the administration of the city's planning, building and code enforcement
functions. Served as staff to the City Commission, Planning and Zoning Board and Board of
Adjustments and Appeals. Administered the land development regulations, processed future
land use plan amendments and rezonings. Prepared numerous amendments to the land
development code and conducted special planning studies. Responsible for the administration of
the Community Rating System and the flood regulations. Served as the city's representative on
countywide and regional planning agency committees.
• Planner
City of Solon, OH 1993 to 1996
Responsible for drafting significant portions of a new zoning code. Drafted a new sign ordinance
and new driveway regulations. Prepared proposal for CDBG funding for downtown streetscape
project and prepared requests for proposals for master land use plan and master recreation plan.
• City Planner
City of Avon Lake, OH 1991 to 1993
Responsible for the administration of the planning functions of the City. Served as staff to the
Ciiy Council and as Secretary to the Planning Commission. Administered subdivision
regulations and zoning code. Updated planning documents including the Future Land Use Plan
and the Comprehensive Park and Recreation Plan. Revised sections of the Avon Lake
Subdivision Regulations and zoning code.
• Zoning Administrator
City of Cleveland Heights, OH 1988 to 1991
Responsible for administering the zoning code which included the preparation of all research,
agendas, legal notices, action sheets and resolutions related to variance and special exception
requests. Presented zoning cases to the Board of Zoning Appeals, Planning Commission, Board
of Control and City Council. Supervised zoning secretary and intern.
• General Development Planner
City of Cleveland Heights, OH 1987 to 1988
Responsible for preparing the City's first Strategic Development Plan. Compiled and analyzed
demographic, housing, economic and land use data. Developed techniques for citizen
participation and effective input from the Planning Commission in the strategic planning process.
Conducted research on various issues including poverty, historic preservation and residential and
commercial code enforcement methods.
EDUCATION
Master's Degree in Urban and Regional Planning, Virginia Polytechnic Institute and State
University, 1986
Bachelor of Arts in History with a minor in Community Planning, Appalachian State University,
1984
PROFESSIONAL MEMBERSHIPS & ACTIVITIES
Pinellas County Historic Preservation Advisory Boazd (HPAB)—2009—Present
Chair,Toolbox Comtnittee, 2010 -Present
American Planning Association, 1987—Present
Florida Planning Association, 1997—Present
Ohio Planning Conference(OPC), a Chapter of the American Planning Association, 1987-1996
Co-Director,Cleveland Section of OPC, 1994-1996
Chair of Annual Zoning Workshop, Cleveland Section of OPC, 1994 and 1995.
Coordinator and Moderator, "The Basics of Zoning and the Tools for Managing Change,"
1995
Speaker, "Job of the Zoning Administrator," 1994