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MEETING DATE:
AGENDA ITEM:
CASE:
ORDINANCE NO.:
REQUEST:
INITIATED BY:
BACKGROUND:
PLANNING & DEVELOPMENT
COMMUNITY DEVELOPMENT BOARD
PLANNING AND DEVELOPMENT DEPARTMENT
STAFF REPORT
October 15, 2013
F. 1.
TA2013-09008
8498-13
Amendments to the Community Development Code
City of Clearwater, Planning and Development Department
New attached dwelling developments typically provide garages for a certain number of units.
The placement of these garages needs to be conveniently located to serve certain units so they
are easily accessible by the residents. The placement of these garages may be impracticable
behind or to the sides or rear of the principal buildings based on lot size, lot configuration,
environmental constraints and other site limitations; therefore flexibility may be required to
accommodate detached accessory garages. The Clearwater Community Development Code
allows such garages but currently requires they be located behind the front edge of the principal
structures.
ANALYSIS:
Proposed Ordinance No. 8498-13 amends Article 3, Division 2, Accessory Uses/Structures to
allow accessory detached garages to be located in front of the principal structures of an attached
dwelling development of more than 100 units provided design and locational criteria are met.
The proposed ordinance provides for the following provisions.
• Any site governed by an adopted special area plan/redevelopment plan or located in an
activity center, along any redevelopment corridor or view corridor identified in the
Citywide Design Structure cannot locate detached accessory garages forward of the
principal building. This provision is included to ensure that the design of new residential
development projects in these areas is pedestrian-oriented and transit supportive.
Any detached accessory garage must maintain the required setback of 25 feet from the
front property line which is consistent with the setback required for the principal
structures. This will ensure that these garages maintain the front setback typically
established along the street for other developments. The ordinance also requires the
garages to be located in a manner that does not obstruct access to the primary building.
Community Development Board — October 15, 2013
TA2013-09008 — Page 1
� C�l.�� 11'�Ll.l Community Development Code Amendment PLANNING 8 DEVELOPMENT
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Such garages must be designed as an integral part of the architectural design of the
attached dwellings (same colors, roof design, architectural details, etc.) to ensure that the
development has a cohesive appearance. From the street, the garages should appear to
contain habitable space through the use of windows, doors, and other design elements,
however the ordinance specifically prohibits the garage from being used as a residential
unit.
Lastly, proposed Ordinance No. 8498-13 precludes long monotonous stretches of garages
by limiting the length of detached garages to 80 feet and requires either a horizontal or
vertical modulation of two feet for every forty feet in length.
CRITERIA FOR TEXT AMENDMENTS:
Community Development Code 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:
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.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.
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 a certain amount of design flexibility for large multi-family
housing developments to locate garages in a manner that appropriately serves the residents of
the development. Criteria is included to ensure appropriate design features to break down the
mass of detached garages as well as setbacks that will provide appropriate buffering between
the street and the garages. Additionally this type of development pattern is not supported in
areas identified on the Citywide Design Structure for more intensive pedestrian-oriented and
transit supportive design.
Community Development Board — October 15, 2013
TA2013-09008 — Page 2
� C�eal ►l ale.t Community Development Code Amendment P�NNING & DEVEIOPMENT
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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 Community Development
Code 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
neighbarhoods; 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).
Proposed Ordinance 8498-13 furthers the above referenced purposes by establishing
reasonable standards to support an alternative development pattern for certain large scale
residential developments. In order to enhance and preserve the character of the city and to
preserve neighborhood characteristics, the proposed amendment requires that buildings
within the multi-family development present a unified and cohesive architectural design,
provide a front setback consistent with other surrounding uses and prohibits the conversion
of detached accessory garages for residential use. Additionally the ordinance precludes the
location of such garages in front of the principal buildings in areas of the city that have been
designated for a development pattern that is more pedestrian and transit oriented.
SUMMARY AND RECOMMENDATION:
The proposed amendment to the Community Development Code is 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. 8498-13 that amends the Community Development
Code.
�� �
Pre ared b Plannin and Develo ment De artment Staff: -�� f �"
P Y g P P
Gin L. Clayton
Assistant Planning & Development Director
ATTACHMENT: Ordinance No. 8498-13
Community Development Board — October 15, 2013
TA2013-09008 — Page 3
ORDINANCE NO. 8498-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY
AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, DIVISION 2,
SECTION 3-201.B, ACCESSORY USES/STRUCTURES, TO ALLOW
ACCESSORY DETACHED GARAGES TO BE LOCATED IN FRONT OF
THE PRINCIPAL USE/STRUCTURES IN CERTAIN ATTACHED
DWELLING PROJECTS PROVIDED CERTAIN CRITERIA ARE MET;
CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, attached dwelling projects may have a need for accessory detached
garages;
WHEREAS, in certain circumstances accessory detached garages may be appropriately
located forward of the principal building;
WHEREAS, such accessory detached garages should meet certain locational and
design criteria;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER,
FLORIDA:
Section 1. That Article 3, Development Standards, Division 2. Accessory
Uses/Structures, Section 3-201.B., is hereby amended as follows and subsequent subsections
re-lettered as aqnronriate:
8. Standards. In addition to all the standards in this Development Code, accessory uses and
structures shall be established in accordance with the following standards:
1. The accessory use and structure is subordinate to and serves an established and
conforming principal use.
2. The accessory use and structure is subordinate in area, extent, and purpose to the
principal use.
3. The accessory use and structure contributes to the comfort, convenience or use of the
principal use.
4. The accessory use and structure is located on the same property as the principal use
and located behind the front edge of the principal structure except as provided for in
subsection 5. below.
1
5 Accessorv detached qaraqes mav be located in front of the principal structure of an
attached dwellinq development containinq more than 100 units. Such qaraqes shall be
reviewed and approved as part of a required Level One or Level Two development
application for the attached dwellinqs as the case may be and shall demonstrate
compliance with all of the followinq criteria and any other applicable provisions of the
Communitv Development Code.
a. The parcel proposed for development is not qoverned bv anv special area plan
includinq but not limited to Beach bv Desipn the Clearwater powntown
Redevelopment Plan the US 19 Corridor Redevelopment Plan, or located in
any activitvi center along a redevelopment corridor or view corridor identified on
the Citvwide Desiqn Structure adopted in the Clearwater Comprehensive Plan.
b. Such detached garaqes shall be setback at least 25 feet from the front propertv
line and shall complv with the side setbacks of the zoninq district in which the
�roiect is located.
c. Such detached garaqes shall not obstruct access to the primarv use.
d. Such detached qaraqes shall be desiqned as an inteqral part of the architectural
design of the principal structures The same materials colors roof desiqn and
other architectural details shall be incorporated into the desiqn of the detached
qarages.
e. Such detached garaqes that front alonq a street shall appear to contain habitable
s�ace throuah the use of windows doors and other design elements consistent
vviiii ii ic �i vi Ii fa�auc v� ii ic Ni ii �i,iNai SiiUCiUi ci�i.
f. Such detached qaraqes shall not exceed eiqhtv (80) feet in lenqth and shall
modulate horizontally or vertically bv at least two feet for every fortv (40) feet in
length.
g, Such detached garaqes shall not be converted to a residential dwellinq unit.
� 6. The accessory use(s) and structures, unless otherwise allowed as a permitted use in the
zoning district, shall not cumulatively exceed ten percent of the gross floor area of the
principal use. Such structures may be permitted up to 25 percent of the gross floor area
of the principal use through a Level One (flexible standard) approval process. Gross
floor area of the principal building includes the floor area of any attached garage or
carport.
�7. The accessory use may be located in a separate building, provided that such building
complies with all the development standards in Article 3.
2
�
� 9.
The use complies with each and every development standard applicable to the principal
use to which the accessory use is accessory.
No accessory structure shall exceed 15 feet in height in any residential zoning district
and no more than the allowable height for the principal use in any nonresidential zoning
district. Such structures may be permitted up to 20 feet in height in the residential zoning
districts if approved through a Level One (flexible standard development) approval
process.
�10. Canvas, or other similar materials, shall not be allowed as a permitted material for any
accessory structure.
�-9 11. In-ground pools that are 12 inches or less above grade shall be classified as an
accessory structure. In-ground pools that are greater than 12 inches or more above
grade shall be classified as a principal structure.
a-a- 12. Exemptions.
a. A two car detached garage accessorv to a detached dwellinq shall be exempt from the
percentage requirements specified in Section 3-201.B.5 above provided there is no other
parking garage located on the site.
b. Swimming pools and spas shall not be included when calculating the amount of
permitted accessory uses/structures on a site.
Section 2. 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 3. 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 4. 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 5. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 6. 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
4
Gina L. Clayton
100 South Myrtle Avenue
Clearwater, Florida 33756
727-562-4587
�ina.clayton(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 April 2005 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.
• Long Range Planning Manager
City oi �iearwaier 2vv i io 2G��
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 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
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.
• Zoning Administrator
City of Cleveland Heights, UH Iy2S2S to 1y91
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 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 (GPC), 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 Administratar," 1994