7576-06
ORDINANCE NO. 7576-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT
CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, TABLES
2-802 AND 2-803, TO AMEND USE, MAXIMUM HEIGHT AND
MINIMUM SETBACK REQUIREMENTS; AND BY AMENDING
ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1202.D,
TO AMEND PERIMETER BUFFERS FOR THE OLD FLORIDA
DISTRICT IN BEACH BY DESIGN, WHICH ARE GOVERNED BY
THE PROVISIONS IN BEACH BY DESIGN: A PRELIMINARY
DESIGN FOR CLEARWATER BEACH AND DESIGN
GUIDELINES, WHICH; 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 has determined where the Community
Development Code needs clarification and revision, and
WHEREAS, the City of Clearwater desires for the Community Development
Code to function effectively and equitably throughout the City, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Article 2, Zoning Districts, Tourist District CT'), Section 2-802,
Flexible standard development, is amended as follows:
Section 2-802. Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the
standards and criteria set out in this section and other applicable provisions of Article 3.
Ordinance No. 7576-06
Table 2-802. "T" District Flexible Standard Develooment Standards
Use ill Min. Lot Min. Lot Max. Height Min. Setbacks (ft.) ill Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) ill Street
ParkinQ
Front Side Rear
Accessory n/a n/a n/a n/a n/a n/a 30 units/acre 1/unit
Dwellinas
Alcoholic 5,000 50 35 10-15 10 20 n/a 5 per 1,000
Beverage GFA
Sales
Attached 10,000 100 35--50 10-15 10 10--20 30 units/acre 1.5 per unit
Dwellinas
Government 10,000 100 35--50 10-15 0--10 10--20 n/a 3--4/1,000
al UsesfB GFA
(2)
Indoor 5,000 50 35--1 00 0-15 0--10 20 n/a 10 per 1,000
Recreation/ GFA
Entertainme
nt
Medical 10,000 100 30--50 10-15 10 20 20 2--3/1 ,000
Clinic GFA
Nightclubs 5,000 50 35 15 10 20 n/a 10 per 1,000
GFA
Non- n/a n/a n/a 25 5 10 n/a n/a
Residential
Off-Street
Parkina
Offices 10,000 100 35--50 10--15 0-10 10--20 n/a 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 10--15 10 20 n/a 2.5 spaces
Recreation/ per 1,000
Entertainme sq. ft. of lot
nt area or as
determined
by the
community
development
director
based on
ITE Manual
standards
Overnight 20,000 100-150 35-50 10-15 0--10 10--20 40 1 per unit
Accommoda rooms/acre
tions
Parking 20,000 100 50 15-25 10 10--20 n/a n/a
Garages
and Lots
Parks and n/a n/a 50 25 10 20 n/a 1 per 20,000
Recreation SF land area
Facilities or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Ordinance No. 7576-06
Public n/a n/a 10 n/a n/a n/a n/a n/a
Transporta-
tion
Facilities~
(3)
Sidewalk n/a n/a n/a n/a n/a n/a n/a n/a
Vendors
Restaurants 5,000-- 50-100 25--35 10--15 0-10 10--20 n/a 7-15 spaces
10,000 per 1,000
GFA
Retail Sales 5,000-- 50--1 00 35--50 10-15 0-10 10--20 n/a 4--5 spaces
and 10,000 per 1,000
Services GFA
Social and 5,000-- 50--1 00 35--50 1 0-15 0-10 10--20 n/a 4--5 spaces
Community 10,000 per 1,000
Center GFA
Utilityllnfrast N/a n/a n/a 25 10 10 n/a N/a
ructure
Facilities{3t
(4)
(1) Specific standards for the Old Florida District that supercede the above
reoulations are set forth in Beach by Desion: A Preliminary Desion for
Clearwater Beach and Desion Guidelines.
fBm 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.
t21 ill 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.
tJt ffi 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 2. Article 2, Zoning Districts, Tourist District ("1"), Section 2-803,
Flexible development potential, is amended as follows:
Section 2-803. Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District
subject to the standards and criteria set out in this section and other applicable
provisions of Article 3.
Ordinance No. 7576-06
Table 2-803. "T" Flexible Development Standards
Use ill Min. Lot Min. Lot Max. Height ill Min. Min. Side Min. Rear Density Min. Off-
Area (sq. ft.) Width (ft.) (ft.) Front (ft.) ill (ft.) ill Street
(ft.)(1j Parkinq
Alcoholic 5,000 50 35-100 0-15 0--10 10--20 n/a 5 per 1,000
Beverage GFA
Sales
Attached 5,000-- 50-100 35--1 00 0-15 0-10 10-20 30 units/acre 1.5 per unit
Dwellinas 10,000
Comprehens n/a n/a n/a n/a n/a n/a 30 Determined
ive Infill units/acre; by the
Redevelopm 40 community
ent Project rooms/acre development
f1t coordinator
ill. based on
the specific
use and/or
ITE Manual
standards
Limited 5,000 50 35-100 0-15 0-10 10--20 n/a 4--5 spaces
Vehicle per 1,000
Sales and GFA
Displav
Marina 5,000 50 25 10-15 0-10 10-20 n/a 1 space per
Facilities 2 slips
Nightclubs 5,000 50 35-100 0-15 0--10 10-20 n/a 10 per 1,000
GFA
Offices 10,000 100 35--1 00 0-15 0-10 10--20 n/a 3--4 spaces
per 1,000
GFA
Outdoor 5,000 50 35 5-15 0-10 10--20 n/a 2.5 spaces
Recreation/ per 1,000
Entertainme SQ FT of lot
nt area or as
determined
by the
community
development
coordinator
based on
ITE Manual
standards
Overnight 10,000-- 100-150 35--1 00 0-15 0--10 0--20 40 1 per unit
Accommoda 20,000 rooms/acre
tions
Restaurants 5,000-- 50-100 25--100 0-15 0-10 10--20 n/a 7--15
10,000 spaces per
1,000 GFA
Retail sales 5,000- 50-100 35-100 0-15 0-10 10--20 n/a 4--5 spaces
and services 10,000 per 1,000
GFA
ill Specific standards for the Old Florida District that supercede the above
reaulations are set forth in Beach bv Desian: A Preliminary Desian for
Clearwater Beach and Desian Guidelines.
(4) 12.1 Any use approved for a Comprehensive Infill Redevelopment Project shall
be permitted by the underlying Future Land Use Plan Map designation.
Ordinance No. 7576-06
***********
Section 3. Article 3, Development Standards, LandscapinglTree Protection,
Section 3-1202.0, Perimeter buffers, is amended as follows:
Section 3-1202.0. Perimeter buffers.
Except in the downtown or tourist districts. excludino the Old Florida District where
landscapino requirements are defined in Beach Bv Desion: A Preliminary Desion for
Clearwater Beach and Desion Guidelines. or in designated scenic corridors with
approved special plans, landscaping shall be installed in a perimeter buffer in
accordance with the standards in this division and the following table:
***********
Section 4. Amendments to the Land 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 5. 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 6. 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 7. Notice of the proposed enactment of this Ordinance has been
properly advertised in a newspaper of general circulation in accordance with applicable
law.
Section 8. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
.January 19. 2006
Ordinance No. 7576-06
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 2. 2006
4~/~
'H6nk V. Hibbard
Mayor
Approved as to form:
Attest:
);~~~~ l1kd"~~
~ Cyn ia E. ~oude~lL: . . fl .
City Clerk -._ - .."... .
. . .
Leslie Dougall-Side
Assistant City Attorney
Ordinance No. 7576-06