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TA2013-10009� 1i�et���l�l Community Development Code Amendment ��', �, ; � � ��r����r ;� MEETING DATE: AGENDA ITEM: CASE: ORDINANCE NO.: REQUEST: INITIATED BY: BACKGROUND: PLANNING & DEVELOPMENT COMMUNITY DEVELOPMENT BOARD PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT November 19, 2013 F. 2. TA2013-10009 8523-14 Amendments to the Community Development Code City of Clearwater, Planning and Development Department At the August 12, 2013 Work Session, City Council directed staff to make amendments to Beach by Design. These amendments establish specific minimum side setback requirements in the area of Clearwater Beach between Hamden and Coronado Drives and along Brightwater Drive (the Small Hotel District). They also establish front setback and stepback requirements for hotels receiving units from the Hotel Density Reserve along Hamden Drive. Because Beach by Design is the official land use policy for Clearwater Beach, these requirements supersede those in the Community Development Code. To assist customers in understanding the relationship between the requirements of Beach by Design and the Community Development Code, it is important that the Tourist (T) zoning district provisions appropriately reference Beach by Design. ANALYSIS: Proposed Ordinance No. 8523-14 revises existing footnote (1) to Table 2-802, Flexible Standard Development Standards and footnote (2) to Table 2-803, Flexible Development Standards of the Tourist (T) District that currently reference the Old Florida and Marina Districts. Since the Beach by Design amendments impact properties in the Small Motel District, the footnotes need to be revised. The proposed new footnotes specify that use, height, setback and parking standards set forth in the Future Land Use (Character District) section and height standards and Coronado and Hamden Drives setback/stepback standards in the Design Guidelines section of Beach by Design will supersede the Community Development Code. 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: Community Development Board — November 19, 2013 TA2013-10009 — Page 1 � C�eal �t�t�.t Community Development Code Amendment PLANNING & DEVELOPMENT o °�....�s;�;„. .. , 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 will be furthered by the proposed Code amendments: Goa14 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 A.6.1 The redevelopment of blighted, substandard, inefficient and/or obsolete axeas shall be a high priority and promoted through the implementation of redevelopment and special area plans, the construction of catalytic private projects, city investment, and continued emphasis on property maintenance standards. Policy A.5.5.4 Update Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the Clearwater powntown Redevelopment Plan, as needed. The proposed amendments clarify that certain provisions of Beach by Design, a special area plan for Clearwater Beach, govern site development and take precedent over the provisions of the Tourist (T) zoning district. The proposed Community Development Code amendments are the result of pending amendments to Beach by Design. 2. The proposed amendments further 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 neighborhoods; and to enhance the quality of life of all residents and property owners of the city (Section 1-103.A., CDC). • Enumerate density, area, width, height, setback, coverage and like requirements for each district, and make appropriate distinctions between categories of use within districts, based on the general purposes of this article, the Comprehensive Plan, and existing and desired community characteristics (Section 1-103.E.11., CDC). Proposed Ordinance 8523-14 furthers the above referenced purposes by appropriately guiding property owners/developers to Beach by Design to ensure that the relevant standards for development are incorporated into any site plan proposal. This will ensure that the Community Development Board — November 19, 2013 TA2013-10009 — Page 2 � C�Qtil r!' LtLei Community Development Code Amendment P�NNING 8 DEVELOPMENT � ���~�., � , ., � appropriate rules for land development are followed and that Beach by Design, the special area plan for Clearwater Beach adopted in the City's Comprehensive Plan, will be properly implemented. 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. Proposed Ordinance No. 8523-14 also brings consistency and clarity between the requirements of Beach by Design and the Tourist (T) zoning district provisions. Based upon the above, the Planning and Development Department recommends APPROVAL of Ordinance No. 8523-14 that amends the Community Development Code. Pre ared b Plannin and Develo ment De artment Staff: �i�-�" r L" P Y g P p ma L. Clayton Assistant Planning & Development Director ATTACHMENT: Ordinance No. 8523-14 Community Development Board — November 19, 2013 TA2013-10009 — Page 3 ORDINANCE NO. 8523-14 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2-802 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; BY AMENDING ARTICLE 2, ZONING DISTRICTS, DIVISION 8, TOURIST DISTRICT, TABLE 2-803 TO REVISE FOOTNOTE #1 TO REFERENCE THE APPLICABLE CHARACTER DISTRICT PROVISIONS AND DESIGN GUIDELINES OF BEACH BY DESIGN; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECITIVE DATE. WHEREAS, the City of Clearwater desires to ensure clarity of applicable development standards on Clearwater Beach; and WHEREAS, the City of Clearwater has determined that the Community Development Code needs clarification and revision for property located in the Tourist District on Clearwater Beach, and WHEREAS, consistency between the Community Development Code and provisions within Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines is required; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 2, Zoning District, Tourist District, Section 2-802, Table 2-802, 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. *********** (1) . Specific use, height, setback and parkinq standards set forth in Section II. Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Desiqn Guidelines of Beach bv Desiqn: A Preliminary Design for Clearwater Beach and Desiqn Guidelines shall supersede these standards. Ordinance No. 8523-14 *********** Section 2. Article 2, Zoning Districts, Tourist District, Section 2-803, Table 2- 803, is amended as follows: Section 2-803 Flexible development. The following uses are Level Two permitted uses in the Tourist "T" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. *********** �2) . Specific use, heiqht, and setback standards set forth in Section II.. Future Land Use (Character Districts). and heiqht standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach bv Desian: A Preliminary Desiqn for Clearwater Beach and Design Guidelines, shall supersede these standards. *********** Section 3. 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 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 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. 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 8. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED George N. Cretekos Mayor 2 Ordinance No. 8523-14 Approved as to form: Attest: Leslie K. Dougall-Sides Rosemarie Cali Assistant City Attorney City Clerk Ordinance No. 8523-14 Gina L. Cla,yton 100 South Myrtle Avenue Clearwater, Florida 33756 727-562-4587 �ina.clavton(a�mvcicarwater.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. • Long Range Planning Manager 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, pr�cessed 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, 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 Board - 2013 - Present Pinellas County Historic Preservation Advisory Board - 2009 — 2013 Chair, Toolbox Com�nittee, 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