7546-06
ORDINANCE NO. 7546-06
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA
MAKING AMENDMENTS TO BEACH BY DESIGN: A
PRELIMINARY DESIGN FOR CLEARWATER BEACH AND
DESIGN GUIDELINES; BY AMENDING SECTION II. FUTURE
LAND USE, SUBSECTION A. THE "OLD FLORIDA" DISTRICT
BY REVISING THE USES, BUILDING HEIGHTS, STEPBACKS,
SETBACKS, LANDSCAPING AND PARKING ACCESS
ALLOWED IN THE DISTRICT; BY AMENDING SECTION II.
FUTURE LAND USE, SUBSECTION C. MARINA RESIDENTIAL
DISTRICT BY DELETING THE REFERENCE TO A L1VEIWORK
PRODUCT; BY AMENDING SECTIONS V.B AND VILA BY
CLARIFYING TRANSFER OF DEVELOPMENT RIGHT
PROVISIONS; BY INCREASING ALLOWABLE RESORT!
OVERNIGHT ACCOMMODATIONS DENSITY FROM 40 TO 50
UNITS PER ACRE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
area critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater has invested significant time and resources in
studying the Old Florida District of Clearwater Beach; and
WHEREAS, Beach by Design, the special area plan governing Clearwater Beach,
contains specific development standards and design guidelines for areas of Clearwater
Beach that need to be improved and!or redeveloped; and
WHEREAS, Beach by Design was not clear with regard to the "preferred uses" and
was not reflective of the existing uses located in the Old Florida District of Clearwater
Beach,and
WHEREAS, Beach by Design limited overnight accommodations greater than the
Comprehensive Plan and the City of Clearwater desires to incentivize new overnight
accommodation development; and
WHEREAS, Transfer of Development Rights (TOR) need further clarification in
Beach by Design; and
Ordinance No. 7546-06 1
WHEREAS, the City of Clearwater has the authority pursuant to Rules Governing
the Administration of the Countywide Future Land Use Plan, as amended, Section
2.3.3.8.4, to adopt and enforce a specific plan for redevelopment in accordance with the
Community Redevelopment District plan category, and said Section requires that a special
area plan therefore be approved by the local government; and
WHEREAS, the proposed amendment to Beach by Design has been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended on December 13, 2001, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection A. The "Old Florida"
District, is amended as follows:
A. The "Old Florida" District
The Old Florida District. which is the area between Acacia the rear lot lines of property
on the north side of Somerset Street and Rockaway Street. is an area of transition
between resort uses in Central Beach to the low intensity residential neighborhoods to
the north of Acacia Street. Existing uses ::ue generally tho same as the b31ance of the
Beach. However, the scale and intensity of the area, with relatively fe'.\' exceptions, is
subst3ntblly less th3n comparable areas to the south. The mix of uses primarily
includes residential. recreational. overniaht accommodations and institutional uses.
Given the area's location and historical development patterns. this area should continue
to be a transitional District. To that end. Beach by Desian supports the development of
new overniaht accommodations and attached dwellinas throuahout the District with
limited retail/commercial and mixed use development frontina Mandalay Avenue
between Bay Esplanade and Somerset Street. Additionally waterfront restaurants are
encouraaed to remain and/or locate on property frontina the Gulf of Mexico. Beach by
Desian also supports the continued use and expansion of the various institutional and
public uses found throuahout the District.
To ensure that the scale and character of development in Old Florida provides the
desired transition between the adiacent tourist and residential areas. enhanced site
desian performance is a priority. Beach by Desian contemplates areater setbacks
and/or buildina stepbacks and enhanced landscapina for buildinas exceedina 35 feet in
Ordinance No. 7546-06 2
heiqht. The followinq requirements shall apply to development in the Old Florida District
and shall supersede any conflictinq statements in Section VII. Desiqn Guidelines and
the Community Development Code:
1. Maximum Buildinq Heiqhts.
a. Buildinqs located on the north side of Somerset Street shall be permitted
a maximum buildinq heiqht of 35 feet
b. Buildinqs located on the south side of Somerset Street and within 60 feet
of the southerly riqht-of-way line of Somerset Street shall be permitted a
maximum buildinq heiqht of 50 feet and
c. Property throuqhout the remainder of the Old Florida District shall be
permitted a maximum buildinq heiqht of 65 feet for attached dwellinqs and
75 feet for overniqht accommodations.
d. Properties leqally approved and/or constructed as of the date of adoption
of this ordinance which exceed the allowable heiqhts established. in the
provisions above. shall be considered leqally conforminq unless voluntarily
redeveloped or in the case of a development order only. expiration of the
valid development order. A development order may be extended pursuant
to Community Development Code Section 4-407.
2. Minimum Required Setbacks.
a. A 15 foot front setback shall be required for all properties throuqhout the
District. except for properties frontinq on Mandalay Avenue. which may
have a zero (0) foot front setback for 80% of the property line; and
b. A ten (10) foot side and rear setback shall be required for all properties
throuqhout the District. except for properties frontinq on Mandalay
Avenue. which may have a zero (0) foot side setback and a ten (10) foot
rear setback.
3. Required Buildinq Stepbacks or Alternative Increased Setbacks for Buildinqs
Exceedinq 35 Feet in Heiqht.
a. Buildinq stepback means a horizontal shiftinq of the buildinq massinq
towards the center of the buildinq.
Ordinance No. 7546-06 3
b. Any development exceeding 35 feet in height shall be required to
incorporate a building stepback on at least one side of the building (at a
point of 35 feet) or an increased setback on at least one side of the
building in compliance with the ratios provided in Section A.3.f. Additional
stepbacks and/or setbacks may be required to provide additional
separation between buildings and/or to enhance view corridors.
c. All properties (except those fronting on Mandalay Avenue) which front on
a right-of-way that runs east and west. shall provide a building stepback
on the front side of the building, or an increased front setback in
compliance with the ratios provided in Section A.3.f. Additional stepbacks
and/or setbacks may be required to provide additional separation between
buildings and/or to enhance view corridors.
d. All properties (except for properties fronting on Mandalay Avenue) which
front on a right-of-way that runs north and south, shall provide a building
stepback on. the side of the building or an increased side setback in
compliance with the ratios provided in Section A.3.f. Additional stepbacks
and/or setbacks may be required to provide additional separation between
buildings and/or to enhance view corridors.
e. Properties fronting on Mandalay Avenue must provide a building stepback
on the front side of the building or an increased front setback in
compliance with the ratios provided in Section A.3.f. Additional stepbacks
and/or setbacks may be required to provide additional separation between
buildings and/or to enhance view corridors.
f. Stepback/Setback Ratios
(1) For properties fronting on streets that have a right-of-way width less
than 46 feet. the stepback/setback/height ratio is one (1) foot for
every two (2) feet in building height above 35 feet:
(2) For properties fronting on streets that have a right-of-way width
between 46 and 66 feet. the stepback or setback/height ratio. is one
(1) foot for every two and one-half (2.5) feet in building height
above 35 feet: and
(3) For properties fronting on streets that have a right-of-way width of
greater than 66 feet. the stepback or setback/height ratio is one (1)
foot for every three (3) feet in building height above 35 feet.
Ordinance No. 7546-06 4
4. Flexibilitv of Setbacks/Stepbacks for Buildinos in Excess of 35 Feet in Heioht.
a. Setbacks
(1) Except for properties frontino on Mandalav Avenue. a maximum
reduction of five (5) feet from any reauired setback may be
possible if the decreased setback results in an improved site plan.
landscapino areas in excess of the minimum reauired and/or
improved desion and appearance: and
(2) To ensure. that unimpaired access to mechanical features of a
buildino is maintained. a minimum five (5) foot unobstructed
access must be provided alono the entire side setback of
properties. except those for those properties frontino on Mandalav
Avenue where a zero (0) foot setback is permissible: and
(3) Setbacks can be decreased at a rate of one (1) foot in reauired
setback per two (2) feet in additional reauired stepback. if desired.
b. Stepbacks
(1) A maximum reduction of five (5) feet from any reauired buildino
stepback may be possible if the decreased buildino stepback
results in an improved site plan. landscapino areas in excess of
the minimum reauired and/or improved desion and appearance.
(2) Buildino stepbacks can be decreased at a rate of two (2) feet in
stepback per one (1) foot in additional reauired setback. if
desired.
5. Flexibilitv of Setbacks for Buildinos 35 Feet and Below in Heioht.
a. A maximum reduction of ten (10) feet from any reauired front er rear
setback and a maximum reduction of five (5) feet from any side setback
may be possible if the decreased setback results in an improved site plan.
landscapino areas in excess of the minimum reauired and/or improved
desion and appearance; and
b. A maximum reduction of five (5) feet from any reauired rear setback for
buildinos and a maximum reduction of ten (10) feet from any reauired rear
setback for accessory at-orade structures may be possible if the
decreased setback results in an improved site plan. landscapino areas in
excess of the minimum reauired and/or improved desion and appearance;
and
Ordinance No. 7546-06 5
c. In all cases. a minimum five (5) foot unobstructed access must be
provided alona the side setback of properties. except for those properties
frontina Mandalav Avenue where a zero (0) foot setback is permissible.
6. Landscape Buffers
a. A ten (10) foot landscape buffer is required alona the street frontaae of all
properties. except for that portion of a property. frontina on Mandalav
Avenue'i'. and except for properties 35 feet and below in heiaht that may
be aranted flexibilitv in the required setback. in which case the entire
setback shall be landscaped: and
b. For that portion of a property frontina on Mandalav Avenue. a zero (0) foot
setback may be permissible for 80% of the property frontaae. The
remainina 20% property frontaae is required to have a landscaped area
for a minimum of five (5) feet in depth. The 20% may be located in
several different locations on the property frontaae. rather than placed in
onlv one location on the property frontaae.
7. ParkinaNehicular Access
Lack of parkina in the Old Florida District may hinder revitalization efforts. A shared
parkina strateav may be pursued in order to assist in redevelopment efforts.
For those properties frontina on Mandalav Avenue. off-street parkina access is
required from a side street or allev and not from Mandalav Avenue.
The mix of uses in the District favors residential more than other parts of Clearv.'ater
Beach and retail uses are primarilv neiahborhood servina uses. Given the area's
location and existina conditions. Beach by Desian contemplates the renovation and
revitalization of existina improvements with limited new construction where renovation is
not practical. Nev.' sinale familv dwellinas and townhouses are the preferred form of
development. Densities in the area should be aenerally limited to the density of existina
imprO'.:ements and buildina height should be low to mid rise in accordance with tho
Community Devolopment Code. Lack of parkina in this area mav hinder revitalization
of existina impro~.'ements particularly on Bay Esplanade. 1\ shared parkina strateav
should be pursued in order to assist revitalizations efforts.
***********
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. "Marina Residential"
District, is amended as follows:
******
Ordinance No. 7546-06 6
In the event that lot consolidation under one owner does not occur, Beach by
Design contemplates the City working with the District property owners to issue a
request for proposal to redevelop the District in the consolidated manner identified
above. If this approach does not generate the desired consolidation and
redevelopment, Beach by Design calls for the City to initiate a City Marina DRI in
order to facilitate development of a marina based neighborhood subject to property
owner support. If lot consolidation does not occur within the District, the maximum
permitted height of development east of East Shore will be restricted to two (2)
stories above parking and between Poinsettia and East Shore could extend to four
(4) stories above parking. An additional story could be gained in this area if the
property '....as developed as a live/work product.
******
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section V. Catalytic Projects, Subsection B. Community
Redevelopment District Designation, is amended as follows:
******
Beach by Design recommends that the Comprehensive Plan of the City of
Clearwater be amended to designate central Clearwater Beach (from the rear lot
lines of property on the north side of Somerset Acacia Street to the Sand Key
Bridge, excluding Devon Avenue and Bayside Drive) as a Community
Redevelopment District and that this Chapter of Beach by Design be incorporated
into the Comprehensive Plan and submitted for approval to the Pinellas County
Planning Council (PPC) and the Pinellas County Commissioners sitting as the
Countywide Planning Authority. In addition, Beach by Design recommends that the
use of Transfer of Development Riahts {TDRsl under the provisions of the Desian
Guidelines contained in Section VIII of this Plan and the City's land development
regulations be encouraged within the Community Redevelopment District to achieve
the objectives of Beach by Design and the PPC Designation.
Section 4. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section VII. Design Guidelines, Subsection A. Density, is amended
as follows:
A. Density
The gross density of residential development shall not exceed 30 d'Nelling units
per acre, unless additional density is transferred from other locations on Clearwater
Beach. Ordinarily, resort density '....i11 be limited to ~O units per acre. However,
additional density can be added to a resort either by transferred development rights
or if by way of the provisions of the community redevelopment district (CRD)
designation. Nonresidential density is limited by Pinellas County Planning Council
intensity st::mdards.
Ordinance No. 7546-06 7
The maximum permitted density of residential development shall be 30 dwellina
units per acre. Throuah the use of transfer of development riahts (TDRs) from other
propertv located within the Clearwater Beach Community Redevelopment District.
the maximum permitted density for residential development mav be increased bv not
more than 20 percent.
Historicallv the maximum permitted density for overniaht accommodation uses
has been 40 units per acre. In order to assist in the redevelopment of Clearwater
Beach. the maximum permitted density in Beach bv Desian shall be 50 units per
acre.* It also allows this maximum density of 50 units per acre to be exceeded
throuah the use of TDRs from other properties located within the Clearwater Beach
Communitv Redevelopment District in compliance with the followina provisions:
1. The amount of TDRs used for resorts/overniaht accommodation proiects
shall not be limited provided such proiects can demonstrate compliance with
the provisions of this Plan. the Community Development Code and
concurrencv reauirements.
2. Anv TDRs aained from the additional 1 0 overniaht accommodation units per
acre authorized bv this section of Beach bv Desian shall onlv be used for
overniaht accommodation uses. The conversion of such density to another
use is prohibited.
Beach bv Desian also supports the allocation of additional densitv for resort
development throuah the densitv pool established in Section V.B. of this Plan. The
maximum permitted floor area ratio for nonresidential development is limited to 1.0
pursuant to the Pinellas Countv Plannina Council intensitv standards.
*When Beach bv Desian was oriainallv adopted. the allowable densitv for resorts/overniaht
accommodations was 40 units per acre. That densitv was increased to 50 units per acre throuah
Ordinance No. 7546-06. References to 40 units per acre are still evident in Section V.B. Communitv
Redevelopment District Desianation and have not been chanaed because that was the densitv in
place when the oriainal analvsis was conducted.
Section 5. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 6. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 7. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 8. This ordinance shall take effect immediately upon adoption.
Ordinance No. 7546-06 8
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie Dougall-Side
Assistant City Attorney
March 16. 2006
April 6, 2006
-1...--e r ~
FTa1lk V. Hibbard
Mayor
Attest:
h,,~cr~~~
- - ........", -
fCynthia E. G~~eaLI: , '.. . .: :.~,'
City Clerk -- '-. ' '. .' _:
" . .
Ordinance No. 7546-06 9