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TA2013-05003' Vl��l �t �{�l.l Community Development Code Amendment +^x� ,`�`�i �;+.3'a . .;'; � .��-, z"�"` . � . . . .. } ��r�at�r � MEETING DATE: AGENDA ITEM: CASE: PLANNING & DEVELOPMENT COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT June 18, 2013 F. 1. TA2013-05003 ORDINANCE NO.: 8423-13 REQUEST: Amendments to the Community Development Code INITIATED BY: City of Clearwater, Planning and Development Department BACKGROUND: The Clearwater Business Task Force, established on April 7, 2011, submitted its iinal report to City Council on August 29, 2011. The report consisted of 71 recommendations to change public perceptions regarding the City being business friendly, streamline development application processes and enable greater signage flexibility. The Planning and Development Department reviewed each of the recommendations and presented to City Council ideas as to how many of them could be adopted as well as a prospective timeframe for those adoptions to occur. At the direction of City Council, the Planning and Development Department previously prepared three text amendments to the Community Development Code addressing recommendations of the Business Task Force. Staff is now proposing a fourth and final text amendment to address the last outstanding code amendment authorized by City Council which will create a new process for development agreements authorizing use of the Clearwater Beach hotel density reserve. Additionally staff has included amendments to the Commercial (C) Zoning District establishing veterinary offices as a Minimum Standard Development use and providing more flexibility for the use at the Flexible Standard level consistent with other amendments implementing recommendations of the Business Task Force. ANALYSIS: Proposed Ordinance No. 8423-13 includes amendments to Article 2 Division 7, Commercial (C) District; Article 4, Division l, Required Permits and Approvals; Article 4 Division 6 Development Agreements; and Article 8, Definitions as outlined below. 1. Veterinary Offices [pages 2— 6 of OrdinanceJ To better facilitate the movement of appropriate uses in and out of commercially zoned property, Proposed Ordinance No. 8423-13 establishes veterinary offices as a Level 1 Minimum Standard Development use in the Commercial (C) District. At present, the use is only allowed in the Community Development Board — June 18, 2013 TA2013-05003 -- Page 1 � C��fil ��L�� Community Development Code Amendment P�NNING 8 DEVEIOPMENT - �� .�.. F � ,_:, � District through a Flexible Standard or Flexible Development application. The Planning and Development Department believes this is an appropriate Minimum Standard Development use due to similar use characteristics and development impacts with other Minimum Standard Development uses allowed in the District. The proposed amendment also provides additional flexibility with regard to development standards through the Flexible Standard application consistent with other uses allowed in the District and deletes the use as a Flexible Development due to the additional flexibility proposed at the Flexible Standard level. 2. Development Agreements [pages 6- 12 of Ordinance] Pursuant to City Council direction, Proposed Ordinance 8423-13 creates a new process for development agreements involving requests for units from the hotel density reserve on Clearwater Beach. Several sections of the Community Development Code are proposed to be amended to implement this new process. Specifically, the definition of development agreement in Section 8-102 is proposed to be replaced with definitions for Hotel Density Reserve Development Agreements and General Development Agreements. Division 1 of Article 4 is proposed to be amended to include a footnote that states that Hotel Density Reserve Development Agreements are not reviewed by the Community Development Board and that both required public hearings will take place before City Council. No changes to the current development agreement review and approval process are proposed for General Development Agreements. Article 4, Division 6, Development Agreements contain several amendments. Specifically Section 4-606.A sets forth that City Council may enter into General Development Agreements or and Hotel Density Reserve Development Agreements. Revisions are proposed to Sections 4- 606.C. and D. that clarifies the two different review processes for the two different types of development agreements. Hotel Density Reserve Development Agreements will be submitted and reviewed by the Development Review Committee and then City Council will conduct the two required public hearings and render a decision. The General Development Agreements will follow the current process whereby the agreement is reviewed by the Development Review Committee and one public hearing is conducted by the Community Development Board and the final hearing by City Council. Proposed Ordinance No. 8423-13 also clarifies that Hotel Density Reserve Development Agreements may be in effect for up to 10 years and General Development Agreements up to 20 years. Community Development Code Section 4-606.B states that the information required to be submitted with a development agreement application is based on Section 4-202.A. This section was recently amended to implement recommendations of the Business Task Force and gives the Community Development Coordinator authority to determine the information required to be submitted. Based on this, the Planning and Development Department has prepared an application far the Hotel Density Reserve Development Agreement which will require the following information to be submitted: • Conceptual site plan • Architectural elevations of all sides of the building Community Development Board — June 18, 20 ] 3 TA2013-05003 — Page 2 ��1 Il' aLl,l Community Development Code Amendment PLANNING & DEVELOPMENT � �._�:.<��,.. :� ,��.,.,;, • Massing studying illustrating all sides of the building • Survey (to ensure density/intensity calculations are accurate) • Required contents for development agreements set forth in Code Section 4-606.G. A new application is also being created for the General Development Agreements that makes it clear that the detailed site plan and building elevations approved by the Planning and Development Department ar the Community Development Board as applicable shall be included as an exhibit to the General Development Agreement. 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 Goals and Objective will be furthered by the proposed Code amendments: Objective A.2.2 Future Land Use in the City of Clearwater shall be guided by the Comprehensive Land Use Plan Map and implemented through the City's Community Development Code. Map categories are further defined in Policy #A.2.2.1 below. [A.2.2.1 indicates that Office uses are allowed in tha (�'nmmPmial TTPicrhhnrhnnrl (`nmmar�ial T imitprl anrl (�'nmmamial ..... �.,....�.....,...... .. .b ...............� ....,.,........,..,.. �,.......... ...... .�................. General Future Land Use Map categories] 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. Goal A.4 The City shall not permit development to occur unless an adequate level of serviced is available to accommodate the impacts of development. Areas in which the impact of existing development exceeds the desired levels of service will be upgraded consistent with the target dates for infrastructure improvements included in the applicable functional plan element. Goal A.5 The City of Clearwater shall identify and utilize a citywide design structure comprise of a hierarchy of places and linkages. The Citywide Design Structure will serve as a guide to development and land use decisions while protecting those elements that make the City uniquely Clearwater. Community Development Board — June 18, 2013 TA2013-05003 �— Page 3 � C�L�� l' L�ll.l Community Development Code Amendment P�NNING & DEVELOPMENT - ,�� . . _ d�,��-.. � Goal A.6 The City of Clearwater shall utilize innovative and flexible planning and engineering practices, and urban design standards in order to protect historic resources, ensure neighborhood preservation, redevelop blighted areas, and encourage infill development. The proposed amendments allow an appropriate use to be located in the Commercial (C) District as a Minimum Standard Development use and allows similar flexibility provided to other allowable uses at the Flexible Standard Development level. The revised development agreement provision delineates two types of development agreements with different processes and submittal requirements but does not change the purposes of such agreements which supports comprehensive and capital facilities planning, the provision of adequate public facilities, the efficient use of resources and the reduction of the economic cost of development. As such the proposed amendments further the above goals of the Clearwater Comprehensive Plan outlined above. 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 nPiuhhnrhnnrl.c• anrl tn Pnhan�P thP rn�alitv nf lifP nf all rPCiriPntc anrl nrnnPrtv nwnPrc nf o-- � -i- � r--r---� 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). • Establish use limitations for specified uses consistent with the zoning district in which they are allowed and the particular characteristics of such specified uses (Section 1- 103.E.10., CDC). The amendments proposed by this ordinance will further the above referenced purposes as use limitations are being established and revised for veterinary offices which are based on reasonable standards and the characteristics of the use. The two proposed processes for development agreements establish clear and distinct procedures for approving certain development, the purpose of which is to ensure the orderly and beneficial development of property within the City of Clearwater. Community Development Board — June 18, 2013 TA2013-05003 — Page 4 � C��1 ►"t �ll.l Community Development Code Amendment P�NNING & DEVELOPMENT r�,�#e::�.a�x wx ��&s:;s.. �sk 9 _ ,.r.... „ . . - 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. 8423-13 that amends the Community Development Code. Prepared by Planning and Development Department Staff: ��' "� �� ina L. Clayton Assistant Planning & Development Director ATTACHMENTS: Ordinance No. 8423-13 Hotel Density Reserve Development Agreement Application General Development Agreement Application Community Development Board — June 18, 20l 3 TA2013-05003 — Page 5 ORDINANCE NO. 8423-13 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), TABLE 2-702, TO ESTABLISH VETERINARY CLINICS AS A MINIMUM STANDARD USE; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), SECTION 2-703 BY MODIFYING DEVELOPMENT STANDARDS AND FLEXIBILITY CRITERIA FOR VETERINARY CLINICS; AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 7, COMMERCIAL DISTRICT (C), SECTION 2-704 BY DELETING VETERINARY CLINICS AS A FLEXIBLE DEVELOPMENT USE; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 1, REQUIRED PERMITS AND APPROVALS, BY ADDING A FOOTNOTE TO THE DEVELOPMENT REVIEW CHART REGARDING THE PROCESS FOR HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTS; AMENDING ARTICLE 4, DEVELOPMENT REVIEW AND OTHER PROCEDURES, DIVISION 6, LEVEL THREE APPROVALS BY ADDING A FOOTNOTE TO THE LEVEL THREE APPROVAL FLOW CHART REGARDING THE APPROVAL PROCESS FOR HOTEL DENSITY RESERVE DEVELOPMENT AGREEMENTS; AMENDING DIVISION 6 LEVEL THREE APPROVALS, DEVELOPMENT AGREEMENTS, BY REVISING THE DEVELOPMENT AGREEMENT PROVISIONS BY ESTABLISHING REQUIREMENTS AND PROCEDURES FOR GENERAL DEVELOPMENT AGREEMENTS AND HOTEL DENSITY RESERVE r.r�ir� �n��rui-r n�rirrnnrr.rrn. nnnr�in�r.in nnTin� r o UCVCLVrIVICIV I /'1VRCCIVICIV I J, /'11VICIVUIIVV 11R1 II�LC U, DEFINITIONS AND RULES OF CONSTRUCTION, TO DELETE THE DEFINITION FOR DEVELOPMENT AGREEMENT AND ADD DEFINITIONS FOR DEVELOPMENT AGREEMENT, GENERAL AND DEVELOPMENT AGREEMENT, HOTEL DENSITY RESERVE; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 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; 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 about being "business friendly", and to streamline development application processes; WHEREAS, veterinary offices are appropriate uses for minimum standard development in the Commerciai (C) zoning district; WHEREAS, City Councii worked with the Business Task Force to develop a new process for Development Agreements authorizing use of the Hotel Density Reserve on Clearwater Beach; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-702, Minimum Standard Development, Table 2-702 "C" District Minimum Standard Development Standards, is hereby amended as follows: Section 2-702. Minimum standard development. The following uses are Level One permitted uses in the "C" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-702. "C" District Minimum Development Standards Use Min. Lot Min. Lot Max. Min. Min. Side Min. Rear Min. Off-Street Area Width (ft.) Height Front (ft.) (ft.) (ft.) Parking Spaces (sq. ft.) (ft.) Governmental Uses(1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ 10,000 100 25 25 10 20 5/1000 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 25 25 10 20 3/1,000 SF GFA Overnight Accommodations 40,000 200 25 25 10 20 1/unit Parks and Recreational n!a n/a 25 25 10 20 1 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 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 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 25 25 10 20 5/1,000 SF GFA Social and Community 10,000 100 25 25 10 20 5/1,000 SF GFA Centers Vehicle Sales/Display 40,000 200 25 25 10 20 2.5/1,000 SF Lot Sales Area Veterinary Offices 10,000 100 25 25 10 20 4 spaces per 1,000 G FA (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. 2 Section 2. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-703, Flexible Standard Development, Table 2-703 "C" District Flexible Standard Development Standards and Flexibility Criteria, is hereby amended as follows: Section 2-703. Flexible standard development. The following uses are Level One permitted uses in the "C" District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-703. "C" District Flexible Standard Development Standards Use Mrn. Lot Min. Lot Max. Min. Min. Side Min. Rear Min. Off-Street Area Width (ft.) Height Front (ft.) (ft.) (ft.) Parking Spaces (sq. 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 25-50 25 10 20 4 spaces per 1,000 G FA Indoor 5,000— 50-100 25 25 10 20 3-5/1000 SF GFA Recreation/Entertainment 10,000 or 3-5/lane, 1— 2/court or 1/machine Medical Clinics(1) 10,000 100 25 25 10 20 5/1,000 GFA �� nnn nc cn �c n a n n n nn n._...,,.� . IVIIJICU VJC :J,VVV— JV—I VV LJ—JV LJ V— I V I V—GV odJGU 11�.JVi1 10,000 specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 3,500— 30-100 25-50 25 0-10 10-20 3/1,000 SF GFA 10,000 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 20,000— 150-200 25-50 25 0-10 10-20 1 per unit 40,000 Places of Worship(2) 20,000— 100-200 25-50 25 10 20 .5-1 per 2 seats 40,000 Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities(3) Restaurants 3,500— 30-100 25-50 25 0-10 10-20 7-12 spaces per 10,000 1,000 GFA Retail Plazas 15,000 100 25-50 25 0-10 10-20 4 spaces per 1,000 GFA Retail Sales and Services 3,500— 30-100 25-50 25 0-10 10-20 4-5 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 3,500— 35-100 25-35 25 0-10 10-20 4-5 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 20,000- 150-200 25 25 10 20 2.5 spaces per 40,000 1,000 of lot sales area Veterinary Offices 5,000- 50-100 25 15-25 0-10 10-20 4 spaces per 10,000 1,000 GFA Flexibility Criteria: ********** **:�******* Y. Veterinary offices. 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 does not involve animal confinement facilities that are open to the outside. 3. Lot area and width: The reduction in lot area and width will not result in a buildinq which is out of scale with existing buildinqs in the immediate vicinity of the parcel �roposed for development. 4. Side and rear setback: a. The reduction in side and/or rear setback does not prevent access to the rear of anv buildina bv emeraencv vehicles: b. The reduction in side and/or rear setback results in an improved site plan, more efficient parkinq, or improved design and appearance and landscaped areas are in excess of the minimum required. 5. Front setback: The reduction in front setback results in an improved site plan or improved desiqn and appearance. Section 3. That Article 2, Zoning Districts, Division 7, Commercial District (C), Section 2-704, Flexible Development, Table 2-704 and Flexibility Criteria, "C" District Flexible Standard Development Standards, is hereby amended as follows: Section 2-704. Flexible development. The following uses are Level Two permitted uses in the "C" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-704. "C" District Flexible Development Standards Use I Min. Lot I Min. Lot I Max. I Min. I Min. Side I Min. Rearl Min. Off-Street 4 Area Width Height Front (ft.) (ft.) Parking (sq. ft.) (ft.) (ft.) (ft.) Alcoholic Beverage Sales 5,000— 50-100 25 15-25 0-10 10-20 5 per 1,000 GFA 10,000 Animal Boarding 5,000— 50 - 100 25 15-25 0-10 10-20 4 spaces per 1,000 10, 000 G FA 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 3,500— 30-100 25-50 15-25 0-10 10-20 3-5/1000 SF GFA Recreation/Entertainment 10,000 or 3-5/lane, 1— 2/court or 1/machine Light Assembly 5,000— 50-100 25 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA Limited Vehicle Service 5,000— 50-100 25 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA Marinas and Marina 5,000— 50 25 25 10 20 1 space per 2 slips Facilities 20,000 Mixed Use 5,000— 50-100 25-50 15-25 0-10 10-20 Based upon 10,000 specific use requirements Nightclubs 5,000— 50-100 25 15-25 0-10 10-20 10 per 1,000 GFA IV�VVV Offices 3,500— 30-100 25-50 15-25 0-10 10-20 3/1,000 SF GFA 10,000 Off-Street Parking 10,000 100 n/a 15-25 0-10 10-20 n/a Outdoor 20,000 100 25 15-25 10 10-20 1-10 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 20,000— 100-200 25-50 15-25 0-10 10-20 1 per unit 40,000 Problematic Uses 5,000 50 25 15-25 10 10-20 5 spaces per 1,000 SF GFA Restaurants 3,500— 35-100 25-50 15-25 0-10 10-20 7- 12 spaces per 10,000 1,000 GFA Retail Plazas 15,000 100 25 -50 15 - 25 0-10 10-20 4 spaces per 1,000 G FA Retail Sales and Services 3,500— 30-100 25-50 15-25 0-10 10-20 4-5 spaces per 10,000 1,000 GFA RV Parks 40,000 200 25 15-25 20 10-20 1 space per RV 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 15-25 10 10-20 1 per 20 units plus 2 for manager's office Social/Public Service 5,000— 50-100 25-50 15-25 0-10 10-20 3-4 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 10,000— 100-200 25 15-25 10 10-20 2.5 spaces per 40,000 1,000 SQ FT of lot area �i„+„�;.,.,.., nsf,.o� �889— 59--1-8A �5 �5--��a 8—�9 �9-28 ^ ° .- + nnn a-9;889 6�� Flexibility criteria: ********** ********** . . Section 4. That Article 4, Development Review and Other Procedures, Division 1, Required Permits and Approvals, is hereby amended as follows: This Development Code establishes the following types of development approvals: Level One, Level Two, and Level Three. Level One approvals involve those development proposals which are reviewed and approved by the city's professional staff. Level Two approvals are those development proposals which are more complex and involve the use of greater discretion by an appointed board accountable, through the appointment process, to the city commission. Level Three approvals are those approvals which state � law requires action by the city Eer��FSS+a� council because they involve issues of public policy in the first instance. The following graphic portrays this concept of different levels of approvai: DEVELOPMENT REVIEW COMMITTEE (DRC) COMMUNITY DEVELOPMENT COORDINATOR (CDC) COMMUNITY DEVELOPMENT BOARD (CDB) CITY COUNCIL �{�}� (CC) HEARING OFFICER (HO) DEVELOPMENT REVIEW LEVEL LEVEL LEVEL * 1 2 3 • • • o • • °+� o � ,� . �� O i '� i �� ._. ._. � REVIEW & REC O FINAL ACTION :; APPEA� *Hotel Densit�Reserve Development Apreements are not reviewed by the Community Development Board Both required public hearings take place before City Council. *****�*** Section 5. That Article 4, Development Review and Other Procedures, Division 6, Level Three approvals, is hereby amended as follows: 7 1 LEVL;L THRGL APPROVAL -----.� ,�F-nr>r>�_icn�ric�� 'C�NFtiI2}_�NC'� �APPLIC:1"i�lO�1 F<)R I)}_VEL(>PL1F,:N f� nl'PRO\%.1L 1�1i'I�k[tZ��ll�i�i'flC)�i (�} CC>ti1PLFi�{��:;�I1-:Sti ANI� SUFk=1Cll-;N(_'1' k3Y D!-:V1=.LC)P1�1tiNf izt:vi�_w c'o�»�rr rt.i: t��_v��oi�n,it��'r �zevtE�� c��ti�rrr�_:i�. �izt:vik.�v> c-<��t;�rr�� nt.v�=i.c�i��vtr-:� r ccx�ie��i�n�r�>it �izi:cc>r.��i-ti[�nri<��> C<)�1MU�i1'll' DE�.VFLOPM7f�N"l� 130ARf�> ( ft 1-:C'(>>�1 M }-:N f�:\"1'IUN ) C1"t l' E�`��H?: DiiC�IStO\ COUNCIL t_it:ii.r�i�c�� it�-�i�� c�t.0 rt► tc;�rc <>r c)C(.'1J P�A V ('Y ��,�� . i:, i>:�vs <�cc��,�i�-��ri�_��:�i i i�'t.�sf. ��i� ri.c�vi�zi-:i�� 1. Hotei Densitv Reserve Development Aqreements follow a sliqhtiv different process and have both public hearings at Citv Council instead of one at the Community Development Board and one at City Council. Section 6. That Article 4, Development Review and Other Procedures, Division 6, Level Three approvals, Section 4-606 Development Agreements, is hereby amended as follows: Section 4-606 Development Agreements A. Purpose and applicability. The city Ee��+ss+a� council may enter into a eg neral development agreements or a hotel densitv reserve development aqreement in accordance with the provisions of this section and applicable Florida law to encourage a 8 stronger commitment to comprehensive and capital facilities planning, ensure the provision of adequate public facilities for development, encourage the efficient use of resources, and reduce the economic cost of development. B. Application requirements. In addition to the basic information required by Section 4- 202.A and the fee required by Section 4-202.F., an application for approval of a an t e of development agreement shall be accompanied by: A statement of the requested duration of the �'°��°'^^m°^+ agreement, which shall not exceed 10 vears for a hotel densitv reserve development aqreement and 20 years for a qeneral development agreement. 2. A description of all existing and proposed public facilities and services that serve or will serve the development. 3. A description of the uses desired to be permitted on the land, including population densities and building intensities and heights. 4. Identification of zoning district changes, code amendments and comprehensive plan amendments that will be required if the proposed development proposal were to be approved. r T�-- ---'--- ----� �----i ..-- --i----'-- -r _ii _�:_:�:�_ �__�__a:-_ �. i ne ��niny dnca ianca u5c c;a�eyui ic� ui aii au�uii iii iy �i u�ci uGS. 6. The complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. C. Staff review and report. 1. Hotel Density Reserve Development Agreements. The community development coordinator shall review the application for a hotel densitv reserve development agreement with the development review committee in accordance with the provisions of Section 4-202(C) and (D) and shall prepare a written recommendation #$-tk�e to the City Council. 2. General Development Aqreements. The communitv development coordinator shall review the application for a development aqreement with the development review committee in accordance with the provisions of Section 4-202(C) and (D) and shall prepared a written recommendation to the community development board. D. Community development board review of peneral development agreements. The community development board shall review the proposed general development agreements, the recommendation of the community development coordinator, and the testimony at the pubiic hearing, the standards in Section 4-606(F) and shall issue a recommendation to the city��e� council for approval or denial of the development agreement. E. City s��ssie+� council review. 1. Hotel Density Reserve Development Aqreements. The city Eer�i�s+er�-council shall conduct both required a public hearings in accordance with the provisions of 4- 206. Upon conclusion of the public hearings, the Eet�+ssiet� council shall review the proposed hotel density reserve development agreements, the recommendation of the community development coordinator, , the testimony at the public hearings and approve, approve with modifications, or deny approval of the proposed hotel densitv reserve development agreement. 2. General Development Aqreements. The city councii shall conduct the final required public hearinq in accordance with the provisions of 4-206. Upon conclusion of the public hearinq the council shall review the proposed qeneral development ..raomon# 4hc ror�nmmor�rJ�4inn �f �ho �nmmi inii�i rlc��clnr�monfi �nnruiinNtl�Y t%1A .,s:�:��. �� ...,.,��.,��..�u��.,�� ,y u ..'.,..,,,, recommendation of the community development board, the testimony at the public hearing and approve approve with modifications or deny approval of the proposed general development aqreement. F. Standards for review. In reaching a decision as to whether or not the hotel density reserve development aqreement or the qeneral development agreement should be approved, approved with changes, approved with conditions, or disapproved, the city �et�i�sie�► council shall determine whether the development is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan. G. Contents of development agreements/recording. Contents. The approved development agreement shall contain, at a minimum, the following information: a. A legal description of the land subject to the development agreement. b. The names of all persons having legal or equitable ownership of the land. 10 c. The duration of the development agreement, which shall not exceed ten years for a hotei density reserve development agreement or twenty vears for a qeneral development aqreement. d. The development uses proposed for the land, including population densities, building intensities and building height. e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and service, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of the estimated costs of the public faculties and services to be deposited with the city to secure construction of any new public facilities and serviced required to be constructed by the development agreement. The development agreement shali provide that such construction shall be completed prior to issuance of any certificate of occupancy. f. A description of any reservation or dedication of land for public purposes. g. A description all local development approvals approved or needed to be approved for the development. h. A finding that the development permitted or proposed is consistent with the comprehensive plan and the community development code. Additionally, a finding that the requirements for concurrency as set for in Article 4 Division a-9 9 of these regulations have been satisfied. i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city ^^m�� council for the public health, safety or welfare of the citizens of City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the city. j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying the law governing said permitting requirements, conditions, terms or restrictions. I1 k. The development agreement may provide, in the discretion of the City �r�+�°°��Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, a�l successors in interest to the parties to the deve�opment agreement. m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specificaliy anticipated in the developrnent agreement. ********** Section 7. That Article 8, Definitions and Rules of Construction, Section 8-102, Definitions, of the Community Development Code, is hereby amended as follows: ***�****** •- -- - _ - - - �- Development apreement peneral means an agreement between the City of Clearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Fiorida Statutes and relatinq to any development approval except those involvinq the allocation of the Hotel Density Reserve on Clearwater Beach established by Beach bv Design. Development aclreement, hotel densit�reserve means an agreement between the Citv of Ciearwater and one or more persons entered into pursuant to sections 163.3220 et seq., Florida Statutes for any development a�proval requesting an allocation of hotel rooms from the Hotel Density Reserve on Clearwater Beach estabiished by Beach Bv Desiqn. ****:��**** 12 Section 8. 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 9. 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 10. 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 11. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 12. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: George N. Cretekos Mayor Attest: Leslie K. Dougall-Sides Rosemarie Call Assistant City Attorney City Clerk 13 ° Clearwater Planning & Development Department Hotel Density Reserve � Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR INITIAL REVIEW BY THE CITY COUNCIL. SUBSEQUENT REVIEW BY THE CITY COUNCIL WILL REQUIRE AN ADDITIONAL 15 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILIN6 ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBJECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(5): DESCRIPTION OF REQUEST: Specifically identrfy the request (include all requested cade flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 4 Revised 06/13 ,� Planning & Development Department ° learwater Hotel Density Reserve C � Development Agreement Application Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE: PROPOSED USE: SITE AREA: sq. ft. acres GROSS FLOOR AREA (approximate square footages): DENSITY (rooms per acre): Hotel Use: sq. ft. Existing: Accessory Uses: sq. ft. Proposed: Total: sq. ft. Maximum Permitted: BUILDING COVERAGE/FOOTPRINT (1�` floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( % of site) IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: Proposed: Maximum Permitted: OFF-STREET PARKING Existing: Proposed: Minimum Required: BUILDING HEIGHT: Existing: Proposed: Maximum Permitted: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this _ day of representations made in this application are true and . to me and/or by accurate to the best of my knowledge and authorize City representatives to visit and photograph the , who is personally known has property described in this application. produced as identification. Signature of property owner or representative Notary public, My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 4 Revised 06/13 ° �learwater � Planning & Development Department Hotel Density Reserve Development Agreement Application Site Plan Submittal Packa�e Checklist IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPLICATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE AN INITIAL SUBMITTAL PACKAGE CONSISTING OF THE FOLLOWING INFORMATION AND/OR PLANS: ❑ A conceptual site plan that depicts the building footprint, off-street parking, landscape areas, and ingress and egress points. ❑ Architectural elevations for all sides of the building. ❑ A massing study that illustrates the building form (including stepbacks) on all sides of the building. 0 A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage. ❑ A proposed development agreement which shall contain, at a minimum, the following information: ❑ A legal description of the land subject to the development agreement. ❑ The names of all persons having legal or equitable ownership of the land. ❑ The duration of the development agreement, which shall not exceed ten (10) years. ❑ The development uses proposed for the land, including population densities, building intensities and buiiding height. ❑ A description of the public facilities and services that wiil serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such �OilSiruciiu�l Shaii ue cut7l�iieieu jiri0r i0 iiie issuatice ui driy ceriiii�aie Ui uc�u�aii�y. ❑ A description of any reservation or dedication of land for public purposes. ❑ A description of all local development approvals approved or needed to be approved for the development. ❑ A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionally, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community Development Code, have been satisfied. ❑ A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City. D A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. ❑ The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. ❑ A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. ❑ All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 4 Revised 06/13 ° learwater �C U Planning & Development Department Hotel Density Reserve Development Agreement Application Affidavit to Authorize Agent/Renresentative 1. Provide names of all property owners on deed — PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the property for which a request for (describe request): 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Ciearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersigned authority, hereby certify that the foregoing is true and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS DAY OF . . PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Notary Seal/Stamp Notary Public Signature My Commission Expires: Planning 8 Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 4 of 4 Revised 06/13 ° Clearwater U Planning & Development Department General Development Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRECT INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICATION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY, AND SUBMITTED IN PERSON (NO fAX OR DELIVERIES) TO THE PLANNING & DEVELOPMENT DEPARTMENT BY NOON ON THE SCHEDULED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS OF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO BE SUBMITTED FOR REVIEW BY THE DEVELOPMENT REVIEW COMMITTEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS Of PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND APPLICATIONS ARE REQUIRED TO BE COLLATED, STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY WITH AlL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPIICATION FEE: PROPERTY OWNER (PER DEED): MAILING ADDRESS: PHONE NUMBER: EMAIL: AGENT OR REPRESENTATIVE: MAILING ADDRESS: PHONE NUMBER: EMAIL: ADDRESS OF SUBIECT PROPERTY: PARCEL NUMBER(S): LEGAL DESCRIPTION: PROPOSED USE(S): DESCRIPTION OF REQUEST: Specifically identify the request (include all requested code flexibility; e.g., reduction in required number of parking spaces, height, setbacks, lot size, lot width, specific use, etc.): $1,500 Planning 8� Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 5 ��,) 3 ° learwater Planning & Development Department � V General Develo ment A reement A lication P g PP � Data Sheet PLEASE ENSURE THAT THE FOLLOWING INFORMATION IS FILLED OUT, �N ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPIICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: FUTURE LAND USE PLAN DESIGNATION: EXISTING USE (currently existing on site): PROPOSED USE (new use, if any; plus existing, if to remain): SITE AREA: sq. ft. acres GROSS FLOOR AREA (total square footage of all buildings): Existing: sq. ft. Proposed: sq. ft. Maximum Allowable: sq. ft. GROSS FLOOR AREA (total square footage devoted to each use, if there will be multiple uses): First use: sq. ft. Second use: sq. ft. Thir�l iica• cn ft ..... .. .._�. _�. . _. FLOOR AREA RATIO (total square footage of all buildings divided by the total square footage of entire site): Existing: Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT (1st floor square footage of all buildings): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Maximum Permitted: sq. ft. ( % of site) GREEN SPACE WITHIN VEHICULAR USE AREA (green space within the parking lot and interior of site; not perimeter buffer): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) VEHICULAR USE AREA (parking spaces, drive aisles, loading area): Existing: sq. ft. ( % of site) Proposed: sq. ft. ( % of site) Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 2 of 5 06/2013 IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by the total square footage of entire site): Existing: Proposed: Maximum Permitted: DENSITY (units, rooms or beds per acre) Existing: Proposed: Maximum Permitted: OfF-STREET PARKING: Existing: Proposed: Minimum Required: BUILDING HEIGHT: Existing: Proposed: Maximum Permitted: Note: A parking demand study must be provided In conjunction with any request to reduce the amount of required off-street parking spaces. Please see the adopted Parking Demand Study 6uidelines for further information. WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROIECT UPON COMPLETION? $ ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: South: East: West: STATE OF FLORIDA, COUNTY OF PINELLAS I, the undersigned, acknowledge that all Sworn to and subscribed before me this day of representations made in this application are true and . to me and/or by accurate to the best of my knowledge and authorize City representatives to visit and photograph the � who is personally known has property described in this application. produced as identification. Signature of property owner or representative Notary public, My commission expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 3 of 5 06/2013 o Planning & Development Department �� earwater General Develo ment A reement A lication p g PP � Site Plan Submittal Package Check list IN ADDITION TO THE COMPLETED DEVELOPMENT AGREEMENT APPL�CATION, ALL DEVELOPMENT AGREEMENT APPLICATIONS SHALL INCLUDE A SUBMITTAL PACKAGE THAT INCLUDES THE fOLLOWING INFORMATION AND/OR PLANS: ❑ A proposed development agreement which shali contain, at a minimum, the following information: ❑ A legal description of the land subject to the development agreement. ❑ The names of all persons having legal or equitable ownership of the land. ❑ The duration of the development agreement, which shall not exceed ten (10) years. 0 The development uses proposed for the land, including population densities, building intensities and building height. ❑ A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115% of the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed prior to the issuance of any certificate of occupancy. ❑ A description of any reservation or dedication of land for public purposes. ❑ A description of all local development approvals approved or needed to be approved for the development. ❑ A finding that the development proposal is consistent with the Comprehensive Plan and the Community Development Code. Additionaliy, a finding that the requirements for concurrency as set forth in Article 4, Division 10, Community Development Code, have been satisfied. ❑ A description of any conditions, terms, restrictions or other requirements determined to be necessary by the City Council for the public health, safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to requirements in existing codes or ordinances of the City. ❑ A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. ❑ The development agreement may provide, in the discretion of the City Council, that the entire development or any phase thereof be commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the developer to comply with any such deadline. ❑ A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to, all successors in interest to the parties to the development agreement. ❑ All development agreements shall specificaliy state that subsequently adopted ordinances and codes of the city which are of general application not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are specifically anticipated in the development agreement. ❑ A signed and sealed survey of the property prepared by a registered land surveyor including the location of the property, dimensions, acreage, location of all current structures/improvements, location of all public and private easements including official records book and page numbers and street right(s)-of-way within and adjacent to the site. ❑ The site plan, landscape plan, architectural elevations, and floor plans (as applicable) that are associated with the corresponding Minimum Standard Development, Flexible Standard Development or Flexible Development application approval attached as exhibits to the Development Agreement. Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page a ot s ,06/2013 o Planning & Development Department � C earwater General Develo mentA reementA lication p g pP � Affidavit to Authorize Agent/Representative 1. Provide names of all property owners on deed — PRINT full names: 2. That (I am/we are) the owner(s) and record title holder(s) of the following described property: 3. That this property constitutes the property for which a request for (describe request): 4. That the undersigned (has/have) appointed and (does/do) appoint: as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition; 5. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That (I/we), the undersi�ned authoritv, hereby certify that the foregoinQ is true and correct. Property Owner Property Owner STATE OF FLORIDA, COUNTY OF PINELLAS Property Owner Property Owner BEFORE ME THE UNDERSIGNED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON THIS DAY OF , , PERSONALLY APPEARED WHO HAVING BEEN FIRST DULY SWORN DEPOSED AND SAYS THAT HE/SHE FULLY UNDERSTANDS THE CONTENTS OF THE AFFIDAVIT THAT HE/SHE SIGNED. Notary Public Signature Notary Seal/Stamp My Commission Expires: Planning & Development Department, 100 S. Myrtle Avenue, Clearwater, FL 33756, Tel: 727-562-4567; Fax: 727-562-4865 Page 5 of 5 06/2013 Gina L. Clayton 100 South Myrtle Avenue Clearwater, Florida 33756 727-562-4587 �ina.clavton(a�myclearwater.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. • Lon� Ran�e Plannin� Mana�er 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 staf£ Served as staff to the Community Development Board and presented long range cases/issues to the City Council. Responsible far 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 City 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. • Zonin� Administratnr 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 Histary with a minor in Community Planning, Appalachian State University, 1984 PROFESSIONAL MEMBERSHIPS & ACTIVITIES Pinellas County Historic Preservation Board - 2013 - Present Pinellas County Historic Preservation Advisory Board - 2009 — 2013 Chair, Toolbox Committee, 2010 — 2013 Urban Land Institute, 2013 - 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 7-�2013-05003 �rdinance ��23-13 �nenc�nerr�s to �Gte Communit� I�ere�opmerr� Board St�'eam��ne I�I/(�S C�ina Cla�on, Ass�starr��lanning and De�e�opmen� pu-ector • � ! � PINELLAS �PLANNING C O U N C I L COUNGL MEMBERS 310 Court Street • Clearwater, Florida 33756-5137 Councilmember)im Kennedy, Chairman Telephone 727.464.8250 • Fax 727.464.8212 • www.pinellasplanningcouncil.org Mayor David O. Archie, Vice Chairman Mayor Samuel Henderson, Secretary Commissioner )ohn Morroni, Treasurer MayorJoe Ayoub July 1, 2013 Mayor poug Bevis Commissioner Harriet K. Crozier Mayor Dave Eggers Gina Clayton Councilmember poreen Hock-DiPolito Assistant Planning and Development Director Vice Mayor )oanne �-Cookie" Kennedy Vice Mayor Jerry A. Mullins City of Clearwater School Board Member Peggy O'Shea Municipal Services Building Commissioner Marvin Shavlan 100 S. Myrtle Avenue Clearwater, FL 33756 Michael C. Crawford, AICP Interim Executive Director RE: Review of Proposed Amendments to the City of Clearwater's Land Development Regulations (Ordinance No. 8423-13) for Consistency with the Countywide Rules Dear Gina: Thank you for forwarding the proposed amendments to the land development regulations, addressing development review standards for veterinary offices and the approval process for hotel density reserve development agreements. Pursuant to Division 3.3 of the Rules Concerning the Administration of the Countywide Future Land Use Plan (Countywide Rules), Council staff has reviewed the amendments for consistency with the Countywide Rules, concluding that they are not governed by the consistency criteria of the Rules and therefore are not subject to the consistency provisions. Thank you for forwarding the proposed code amendments for review. If you have any questions, please feel free to call me at 464-8250. Sincerely, ��,;s Christopher M. Mettler Program Planner cc: Councilmember poreen Hock-DiPolito, PPC Representative Received JUL 0 � Y013 �1�nning � Development PLANNING FOR THE PINELLAS COMMUNITY . Clayton, Gina From: Clayton, Gina Sent: Thursday, June 27, 2013 4:07 PM To: 'Crawford, Michael C' Cc: Mettler, Christopher M Subject: RE: Ordinance Attachments: Staff Report - TA2013-05003.docx Sorry — I should also have attached a staff report for context! From: Crawford, Michael C [mailto:mcrawfordC�co.pinellas.fl.us] Sent: Thursday, June 27, 2013 3:34 PM To: Clayton, Gina Cc: Mettler, Christopher M Subject: FW: Ordinance That's a lot of changes! ['ll forward it to Chris for a consistency review. Thanks. Michael C. Crawford, Interim Executive Director Pinellas Planning Council 727-464-8250 • From: Gina.ClaytonCa�myClearwater.com [mailto:Gina.Cla�tonCa�myClearwater.com] Sent: Thursday, ]une 27, 2013 3:33 PM To: Crawford, Michael C Subject: Ordinance Hi Michael — I'm complete forgot to send this ordinance to you for your review. It will go to City Council in 1uly. Sorry!!! Gina L. Clayton Assistant Planning and Development Director 727.5b2.4587 gina.claytonC�myclearwater.com