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7605-06 ORDINANCE NO. 7605-06 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, ZONING DISTRICTS, SECTIONS 2-704, 2-803, 2-903, 2-1004, 2-1204, 2-1304, AND 2- 1404, BY REVISING THE COMPREHENSIVE INFILL REDEVELOPMENT PROJECT FLEXIBLlTY CRITERIA; AND AMENDING ZONING DISTRICT TABLES 2-103, 2-104, 2-203, 2- 204, 2-304, AND 2-404 TO INCREASE THE MINIMUM OFF- STREET PARKING REQUIREMENT FOR RESIDENTIAL INFILL PROJECTS FROM 1 SPACE TO 2 PARKING SPACES PER UNIT; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2- 801.1, TO INCREASE THE DENSITY FOR OVERNIGHT ACCOMMODATION UNITS; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1302, TO PERMIT RESTAURANTS AS A MINIMUM STANDARD DEVELOPMENT USE; AND AMENDING ARTICLE 2, ZONING DISTRICTS, SECTION 2-1303, BY REVISING FLEXIBLE STANDARD DEVELOPMENT PROVISIONS FOR RESTAURANTS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1403 TO ALLOW THE PARKING OF VEHICLES ON GRASS, WITH RESTRICTIONS; AND AMENDING ARTICLE 3, SECTION 3-1407, PARKING RESTRICTIONS; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-1503, NUISANCES, TO ADDRESS GRAFFITI; AND AMENDING ARTICLE 3, SECTION 3-1507, TO AUTHORIZE SPECIFIC ENFORCEMENT PERSONNEL TO REMOVE OR IMPOUND INOPERATIVE VEHICLES ON PUBLIC PROPERTY; AND AMENDING ARTICLE 8, DEFINITIONS AND RULES OF CONSTRUCTION, SECTION 8-102, DEFINITIONS, BY REVISING THE DEFINITIONS OF COMMUNITY DEVELOPMENT COORDINATOR, AND RETAIL SALES AND SERVICES; AND AMENDING ARTICLE 3, DEVELOPMENT STANDARDS, SECTION 3-910, COLOR, TO PREVENT BUILDING PROJECTIONS AND ATTACHMENTS, SUCH AS AWNINGS OR SIGNS, FROM BEING GARISH OR GAUDY; 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 1 Ordinance No. 7605-06 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, Section 2-704, Table 2-704 "C" Flexible Development Standards, is 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. "e" District Flexible Development Standards Use Min. Lot Area Min. Lot Width Max. Height Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off-Street (sq. ft.) (ft.) (ft.) Parkina Alcoholic 5,000-- 50--1 00 25 15-25 0--10 10--20 5 per 1,000 Beveraae Sales 10,000 GFA Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development ProjectfB coordinator based on the specific use and/or ITE Manual standards Indoor 3,500-- 30--1 00 25--50 15--25 0--10 10--20 3--5/1000 SF Recreationl 10,000 GFA or 3-- Entertainment 5/1ane, 1-- 2/court or 1/machine Light Assembly 5,000-- 50--1 00 25 15-25 0--1 0 10--20 4--5 spaces 10,000 per 1,000 GFA Limited Vehicle 5,000-- 50--1 00 25 15--25 0--10 10--20 4--5 spaces Service 10,000 per 1,000 GFA Marina 5,000-- 50 25 25 10 20 1 space per 2 Facilities 20,000 slips Mixed Use 5,000-- 50-100 25-50 15--25 0--10 10--20 4--5 spaces 10,000 per 1,000 GFA Nightclubs 5,000-- 50-100 25 15--25 0--10 10--20 10 per 1,000 10,000 GFA 2 Ordinance No. 7605-06 Offices 3,500-- 30-1 00 25--50 15-25 0--10 10--20 3--4 spaces 10,000 per 1,000 GFA Off-Street 10,000 100 n/a 15-25 0--10 10--20 n/a Parkinq Outdoor 20,000 100 25 15-25 10 10--20 1--10 per Recreation/ 1,000 sa FT Entertainment of land area or as determined by the community development coordinator based on ITE Manual standards Overnight 20,000-- 100-200 25--50 15--25 0--10 10-20 1 per unit Accommodatio 40,000 ns Problematic 5,000 50 25 15--25 10 10--20 5 spaces per Uses 1,000 SF GFA Restaurants 3,500-- 35-100 25--50 15-25 0--10 10--20 7--15 spaces 10,000 oer 1,000 GFA Retail Sales 3,500-- 30-1 00 25--50 15--25 0--10 10--20 4--5 spaces and Services 10,000 per 1,000 GFA RV Parks 40,000 200 25 15--25 20 10--20 1 space per RV space Self Storage 20,000 100 25 15--25 10 10--20 1 per 20 units plus 2 for manager's office Social/Public 5,000-- 50--1 00 25--50 15--25 0--10 10--20 3--4 spaces Service 10,000 per 1,000 GFA AaenciesQH1 ) Telecommunica 10,000 100 Refer to 25 10 20 n/a tion Towers section 3-2001 Vehicle 10,000-- 100--200 25 15--25 10 10--20 2.5 spaces per Sales/Displays 40,000 1 ,000 sa FT of lot area Veterinary 5,000-- 50--1 00 25 15-25 0--1 0 10--20 4 spaces per Offices or 10,000 1,000 GFA Grooming and Boardinq fB Any use approved for :1 Comprehensive InfHI Redevelopment Project sh:111 be permitted by the underlying Future Land Use Plan M:1p designation. ill ~ Social/public service agencies shall not exceed five acres. *********** 3 Ordinance No. 7605-06 Section 2. Article 2, Zoning Districts, Section 2-704.C. Commercial District ("C"), "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is other\vise impractical without deviations from one or more of tho following: use; intensity; other development standards; 2. The development of the parcel proposed f-or development as a comprehensi'/e infill redevelopment projeot will not materially reduce the fair market value of abutting properties; 3. The uses within the comprehensive infill redevelopment project are other\AJise permitted in the City of Clearv/ater; 4. The uses or mix of uses within the comprehensive infill redevelopment project are compatible 'J.'ith adjacent land uses; 5. The development of the parcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vioinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates a form and function which enhances the community character of the immediate vicinity of the parcel proposed for development and the City of Clearwater as a whole; 7. Flexibility in regard to lot '.\'idth, required setbacks, height and off street parking are justified by the benefits to community character and the immediate vioinity of the parcel proposed for development and the City of Clear\vater as a 'A'hole; 8. Adequate off street parking in the immediate vicinity according to the shared parking formula in Division 14 of .^.rticle 3 ',viII be available to avoid on street parking in the immediate vicinity of the parcel proposed for development. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninQ district 4 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the qoals and policies of the Comprehensive Plan. as well as with the qeneral purpose, intent and basic planninq obiectives of this Code. and with the intent and purpose of this zoninq district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundinq properties; 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlyinq future land use cateqorv. be compatible with adiacent land uses. will not substantially alter the essential use characteristics of the neiqhborhood; and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zoninq district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a siqnificant economic contributor to the City's economic base by diversifyinq the local economy or by creatinq iobs; c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor; d. The proposed use provides for the provision of affordable housinq; e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zoninq desianation; or f. The proposed use provides for the development of a new and/or preservation of a workinq waterfront use. 5 Ordinance No. 7605-06 6. Flexibility with reoard to use, lot width, reauir and off-street parkino are iustified based compliance with all of the followino desion obie a. The proposed development will not im orderly development and improvemen properties for uses permitted in this zon b. The proposed development compli desion ouidelines adopted by the City; c. The desion. scale and intensity development supports the establis character of an area: d. In order to form a cohesive. visu attractive appearance, the prop incorporates a substantial number of t elements: . Chanoes in horizontal buildina pi . Use of architectural details cornices. strinocourses, pilasters. porticos awninos, etc.: . Variety in materials. colors and t . Distinctive fenestration patterns; . Buildino stepbacks; and . Distinctive roofs forms. e. The proposed development provid buffers. enhanced landscape desio distances between buildinos. Section 3. Article 2, Zoning Districts, Section 2-801. development potential, is amended as follows: *********** Countywide Future Land Maximum Dwelling Units Maximum Floor Area Use Designation per Acre of Land Ratio/Impervious Surface Ratio Resort Facilities High 30 dwelling units per FAR 1.01lSR .95 acre 6 Ordin ed setbacks, heioht on demonstrated ctives: pede the normal and t of the surroundino ino district; es with applicable of the proposed hed or emeroino ally interestino and osed development he followino desion anes: such as columns, , balconies, railinos. extu res; es for appropriate n and appropriate 1, Maximum Overnight Accommodations Units er Acre 40 50 units per acre ance No. 7605-06 Section 4. Article 2, Zoning Districts, Section 2-803, Table 2-803 'T' Flexible Development Standards, 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. Table 2-803. "T" Flexible Development Standards Use Min. Min. Lot Max. Height Min. Front Min. Side Min. Rear Density Min. Off- Lot Width (ft.) (ft.) (ft.) (ft.) (ft.) Street Area Parking (SQ. ft.) Alcoholic 5,000 50 35--1 00 0--15 0--10 10--20 n/a 5 per 1,000 Beveraae Sales GFA Attached 5,000-- 50-100 35--100 0--15 0--1 0 10--20 30 units/acre 1.5 per unit Dwellinas 10,000 Comprehensive n/a n/a n/a n/a n/a n/a 30 Determined Infill units/acre; by the Redevelopment 40 community ProjectfB rooms/acre development coordinator based on the specific use and/or ITE Manual standards Limited Vehicle 5,000 50 35--100 0--15 0-10 10--20 n/a 4--5 spaces Sales and Display per 1,000 GFA Marina Facilities 5,000 50 25 10--15 0-10 10-20 n/a 1 space per 2 slips Nightclubs 5,000 50 35-100 0-15 0--1 0 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 Entertainment SQ FT of lot 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 Accommodations - rooms/acre 20,000 Restaurants 5,000-- 50--1 00 25-100 0--15 0--1 0 10-20 n/a 7--15 10,000 spaces per 1,000 GFA Retail sales and 5,000-- 50--1 00 35-100 0-15 0-10 10-20 n/a 4--5 spaces services 10,000 per 1,000 GFA 7 Ordinance No. 7605-06 (1) Any use :lpproved for a Comprehensive Infill Redevelopment Project sh:lll be permitted by the underlying Future L:lnd Use Pl:ln M:lp designation. *********** Section 5. Article 2, Zoning Districts, Section 2-803.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or rede'Jelopment of the p:ucel proposed for development is otherwise impractic31 without deviations from one or more of the follo'J.'ing: use; intensity; other development stand3rds; 2. The development of the parcel proposed for development 3S 3 comprehensive infill redevelopment project v.'ill not reduce the f-3ir m3rket '.'3lue of 3butting properties; 3. The uses within the comprehensive infill redevelopment project 3re otherwise permitted in the City of Clearw3ter; 4. The uses or mix of uses '.\'ithin the comprehensive infill redevelopment project are compatible with 3djacent land uses; 5. The development of the p3rcel proposed for development as a comprehensive infill redevelopment project will upgrade the immediate vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill redevelopment project creates 3 form and function 't.'hich enh3nces the community character of the immedi3te vicinity of the p3rcel proposed f-or development 3nd the City of Clearv.'3ter as 3 whole; 7. Flexibility in reg3rd to lot width, required setbacks, height and off street p3rking are justified by the benefits to community char3cter 3nd the immedi3te vicinity of the p3rcel proposed for development 3nd the City of Cle:uwater 3S a whole; 8. Adequate off street p3rking in the immediate vicinity according to the shared p3rking formul3 in Division 14 of l\rticle 3 will be 3vai13ble to 3void on street p3rking in the immedi3te vicinity of the parcel proposed for de'/elopment; 9. The design of 311 buildings complies '.\'ith the Tourist District design guidelines in Division 5 of Article 3. 8 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonino district; 2. The development or redevelopment will be consistent with the ooals and policies of the Comprehensive Plan. as well as with the oeneral purpose. intent and basic plannino objectives of this Code. and with the intent and purpose of this zonino district: 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundino properties; 4. Adioinino properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted bv the underlvino future land use cateoorv. be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiohborhood; and shall demonstrate compliance with one or more of the followino objectives: a. The proposed use is permitted in this zonino district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a sionificant economic contributor to the City's economic base bv diversifvinq the local economy or bv creatino jobs; c. The development proposal accommodates the expansion or redevelopment of an existino economic contributor; d. The proposed use provides for the provision of affordable housino; e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezonino would result in a spot land use or zonino desionation; or f. The proposed use provides for the development of a new. and/or preservation of a workino waterfront use. 9 Ordinance No. 7605-06 6. Flexibility with reqard to use, lot width, required setbacks, heiqht and off-street parkinq are iustified based on demonstrated compliance with all of the followinq desiqn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zoninq district; b. The proposed development complies with applicable desiqn quidelines adopted by the City; c. The desiqn, scale and intensity of the proposed development supports the established or emerqinq character of an area; d. In order to form a cohesive. visually interestinq and attractive appearance, the proposed development incorporates a substantial number of the followinq desiqn elements: · Chanqes in horizontal buildinq planes; · Use of architectural details such as columns, cornices. strinqcourses. pilasters, porticos. balconies. railinqs. awninqs, etc.; · Variety in materials, colors and textures; · Distinctive fenestration patterns: . Buildinq stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desiqn and appropriate distances between buildinqs. 10 Ordinance No. 7605-06 Section 6. Article 2, Zoning Districts, Section 2-903, Table 2-903 Flexible Development Standards, is amended as follows: Section 2-903. Flexible development. The following uses are Level Two permitted uses in the Downtown "0" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-903. "D" District Flexible Development Standards Use Max. Heioht (ft.) Min. Off-Street Parkino Alcoholic Beveraoe Sales 30--100 3--5 per 1,000 GFA Attached Dwellings 30--1 00 1--1.5 per unit Comprehensive InFfill n/a Determined by the Redevelopment Project community development coordinator based on the specific use and/or ITE Manual standards Educational Facilities 30-100 4/1000 GF A Governmental Uses 30-100 3--5 per 1,000 GFA Indoor 30--1 00 3--5 per 1,000 GFA Recreation/Entertain ment Facility Limited Vehicle Sales and 30 2--4 per 1,000 GFA Displav Marinas/Marina Facilities 30 1 space per slip Niohtclubs 30--1 00 3--10 per 1,000 GFA Offices 30--1 00 1--3 per 1,000 GFA Overnight 50--1 00 .75--1 per unit Accommodations Public Facilities 30--1 00 1--2 per 1,000 GFA Restaurants 30--1 00 5--15 oer 1,000 GFA Retail Sales and Service 30--1 00 2--4 per 1,000 GFA Social/Public Service 30-100 3--4 per 1,000 GFA Aaencies Telecommunication Refer to Section 3- n/a Towers 2001 (1) Any use approved for a Comprehensive Infill Redevelopment Project sh311 be permitted by the underlying Future Land Use M3p designation. 11 Ordinance No. 7605-06 Flexibility standards criteria: *********** Section 7. Article 2, Zoning Districts, Section 2-903.C. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impr3ctic31 v.'ithout deviations from one or more of the follo'Ning: use; intensity; other development stand3rds; 2. The development of the parcel proposed f-or development 3S 3 Comprehensive Infill Rede'.'elopment Project 'Hill not reduce the f3ir m3rket value of 3butting properties; 3. The uses 'Nithin the comprehensive infill redevelopment project 3re otherv.'ise permitted in the City of Clear-vater; 4. The uses or mix of uses 'Nithin the comprehensive infill redevelopment project 3re comp3tible with 3dj3cent land uses; 5. The de'.'elopment of the parcel proposed for development as an oomprehensive infill rede'.'olopment project will upgrade the immediate vioinity of the parcel proposed f-or development; 6. The design of the proposed comprehensive infill redevelopment project cro3tes 3 f-orm 3nd function which enh3nces the community char3cter of the immediate vicinity of the parcel proposed for development and the City of Cle3rv.'3ter as 3 whole; 7. Flexibility in reg3rd to lot \4Jidth, required setbacks, height 3nd off street parking 3re justified by the benefits to oommunity character 3nd the immedi3te vicinity of the p3roel proposed for development 3nd the City of Cleal'\\'ater 3S 3 whole; 8. /\dequate off street parking in the immediate vioinity according to the sh3red parking formula in Division 14 of Article 3 will be 3\'3il3ble to avoid on street p3rking in the immediate vioinity of the parcel proposed for development; 9. The design of 311 buildings complies with the Downtown District design guidelines in Division 5 of Article 3. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district; 12 Ordinance No. 7605-06 2. The development or redevelopment will be consistent with the aoals and policies of the Comprehensive Plan. as well as with the aeneral purpose. intent and basic plannina obiectives of this Code, and with the intent and purpose of this zonina district; 3. The development or redevelopment will not impede the normal and orderly development and improvement of surroundina properties; 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted by the underlyina future land use cateaorv, be compatible with adiacent land uses, will not substantially alter the essential use characteristics of the neiahborhood; and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard, flexible standard or flexible development use; b. The proposed use would be a sianificant economic contributor to the City's economic base by diversifyina the local economy or by creatina iobs; c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor; d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation; or f. The proposed use provides for the development of a new, and/or preservation of a workina waterfront use. 6. Flexibility with reaard to use, lot width, required setbacks. heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followina desian obiectives: 13 Ordinance No. 7605-06 a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zoninq district; b. The proposed development complies with applicable desiqn quidelines adopted bv the City; c. The desiqn, scale and intensity of the proposed development supports the established or emerqinq character of an area; d. In order to form a cohesive, visuallv interestinq and attractive appearance, the proposed development incorporates a substantial number of the followinq desiqn elements: . Chanqes in horizontal buildinq planes: . Use of architectural details such as columns, cornices, strinqcourses, pilasters, porticos. balconies. railinqs, awninqs. etc.: . Variety in materials, colors and textures; . Distinctive fenestration patterns; . Buildinq stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desiqn and appropriate distances between buildinqs. 14 Ordinance No. 7605-06 Section 8. Article 2, Zoning Districts, Section 2-1004, Table 2-1004 "0" Flexible Development Standards, is amended as follows: Section 2-1004. Flexible development. The following uses are Level Two permitted uses in the Office "0" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1004. "0" District Flexible Develooment Standards Use Min. Lot Min. Lot Width Max. Height Min. Setbacks (ft.) Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear Accessory n/a n/a n/a n/a n/a n/a 1/unit Dwellinas Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community ProjectfB development director based on the specific use and/or ITE Manual standards Medical Clinic 20,000 100 30--50 15--35 10--20 10--20 5/1,000 GFA Mixed Use 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Nursing Homes 20,000 100 30--50 15-35 10-20 10--20 1 per 2 residents Offices 3,500 50 30--80 15--35 10--20 10--20 2--3/1,000 GFA Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and n/a n/a n/a n/a n/a n/a n/a Service Telecommunication 10,000 100 Refer to 25 10 20 n/a Towers Section 3- 2001 TV Radio Studios 20,000-- 100--200 35-80 15-35 10--20 10--20 3--5/1 ,000 40,000 GFA (1) Any usa approvod for 3 Comprohensi'/e Infill Rede'lelopment Project sh311 be permitted by the underlying Future L3nd Use M3p dosign3tion. *********** 15 Ordinance No. 7605-06 Section 9. Article 2, Zoning Districts, Section 2-1004.B. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: B. Comprehensive infill redevelopment projects. 1. The development or rede'.'elopment of the p::lrcel proposed f{)r development is otherwise impr::lctical without devi:Jtions from one or more of the following: use; intensity; other development stand::lrds; 2. The development of the parcel proposed for development ::lS ::l comprehenGi'le infill redevelopment project will not materi::1l1y reduce the f:Jir market v::llue of butting properties; 3. The uses within the comprehensive infill redevelopment project are otherwise permitted in the City of Cle::lrwater; 4. The useG or mix of UGeG within the comprehensive infill redevelopment project are compatible with adj::lcent land uses; 6. The development of the p::lrcel proposed for development aG ::l comprehenGive infill redevelopment project v:ill upgr::lde the immediate vicinity of the p::lrcel proposed for development; 6. The design of the proposed comprehensi'.'e infill redevelopment project createG ::l form and function '.vhich enhances the community ch::lracter of the immediate vicinity of the p::lrcel propoGed for development and the City of Clearwater ::lS a whole; 7. Flexibility in reg::lrd to lot width, required setb::lcks, height and off Gtreet p::lrking ::lre justified by the benefits to community character ::lnd the immedi::lte vicinity of the p::lrcel proposed for development and the City of Clear\v::lter as a whole; 8. /\dequ::lte off street parking in the immedi::1te vicinity ::lccording to the shared p::lrking formula in Division 14 of Article 3 v:ill be avail::lble to avoid on street parking in the immedi::lte vicinity of the p::lrcel propoGed for development. 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district; 2. The development or redevelopment will be consistent with the qoals and policies of the Comprehensive Plan, as well as with the qeneral purpose, intent and basic planninq obiectives of this Code, and with the intent and purpose of this zoninq district; 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundinq properties; 16 Ordinance No. 7605-06 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development 5. The proposed use shall otherwise be permitted bv the underlvinq future land use cateqorv. be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiqhborhood: and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zoninq district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a siqnificant economic contributor to the City's economic base bv diversifvinq the local economy or bv creatinq iobs: c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor; d. The proposed use provides for the provision of affordable housinq; e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zoninq desiqnation: or e. The proposed use provides for the development of a new, and/or preservation of a workinq waterfront use. 6. Flexibilitv with reqard to use, lot width, required setbacks, heiqht and off-street parkinq are iustified based on demonstrated compliance with all of the followinq desiqn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zoninq district b. The proposed development complies with applicable desiqn quidelines adopted bv the City; c. The desiqn, scale and intensity of the proposed development supports the established or emerqinq character of an area: 17 Ordinance No. 7605-06 d. In order to form a cohesive, visually interestinq and attractive appearance, the proposed development incorporates a substantial number of the followinq desiqn elements: . Chanqes in horizontal buildinq planes; . Use of architectural details such as columns, cornices. strinqcourses, pilasters, porticos. balconies. railinqs, awninqs, etc.; . Variety in materials, colors and textures; . Distinctive fenestration patterns; . Buildinq stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desiqn and appropriate distances between buildinqs. Section 10. Article 2, Zoning Districts, Section 2-1204, Table 2-1204 "I" Flexible Development Standards, is amended as follows: Section 2-1204. Flexible development. The following are Level Two permitted uses in the Institutional .ill District, subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1204. "I" District Flexible Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. ) Front Side Rear Comprehensive Infill n/a n/a n/a n/a n/a n/a Determined by Redevelopment the community Project ftf development director based on the specific use and/or ITE Manual standards Marina and Marina 5,000 50 15--25 10-15 0-20 30 1 per 2 slips Facilities Social and 20,000 100 15-25 10 15--20 30 4--5 per 1000 Communitv Centers GFA Social/Public 10,000-- 100 15-25 10 15-20 30 2--3 per 1,000 Service Aaencies 20,000 GFA 18 Ordinance No. 7605-06 Telecommunication 10,000 100 25 10 20 Refer to n/a Towers Section 3- 2001 (1) Any use appro'Jed for 0 Comprehensive Infill Rede'Jelopment Project sh:lIl be permitted by the underlying Future Land Use Map designation. *********** Section 11. Article 2, Zoning Districts, Section 2-1204.A. "Comprehensive infill redevelopment projects", Flexibility criteria, is amended as follows: A. Comprehensive infill redevelopment projects. 1. The development or redevelopment of the parcel proposed for development is otherwise impractical without devi3tions from one or more of the following: use; intensity; other development st3nd3rds; 2. The development of the p3rcel proposed for dovelopment os a comprehensive infill redevelopment project will not matori311y reduce the f3ir market v31ue of abutting properties; 3. The uses within the comprehensive infill rede'Jelopment project are otherv:ise permitted in the City of Clearwater; 1. The uses or mix of uses within the comprehensive infill redevelopment project 3re compatible with 3dj3cent 13nd uses; 6. The development of the parcel proposod for development 3S an comprehensive infill redevelopment project will upgr3de the immediate vicinity of the p3rcel proposed for development; 6. The design of the proposed comprehensi'Je infill redevelopment project creates 0 form and function which enhances the community ch3rocter of the immediate vicinity of the p3rcel proposed for development and the City of Clearwater as 3 whole; 7. Flexibility in regard to lot width, required setb3cks, height 3nd off street parking are justified by tho benefits to community ch3r3cter and the immedi3te vicinity of the parcel proposed for development and the City of Clearwater as 0 whole; 8. Adequate off street parking in the immediate vicinity according to the shared p3rking formula in Division 11 of Article 3 will be aV3ilable to 3void on street p3rking in the immedi3te vicinity of the p3rcel proposed for development; 19 Ordinance No. 7605-06 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonina district; 2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive Plan, as well as with the aeneral purpose. intent and basic plannina obiectives of this Code, and with the intent and purpose of this zonina district; 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundina properties; 4. Adioinina properties will not suffer substantial detriment as a result of the proposed development; 5. The proposed use shall otherwise be permitted bv the underlvina future land use cateaorv, be compatible with adiacent land uses, will not substantiallv alter the essential use characteristics of the neiahborhood; and shall demonstrate compliance with one or more of the followina obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a sianificant economic contributor to the City's economic base bv diversifvina the local economy or bv creatina iobs; c. The development proposal accommodates the expansion or redevelopment of an existina economic contributor; d. The proposed use provides for the provision of affordable housina; e. The proposed use provides for development or redevelopment in an area that is characterized bv other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation; or f. The proposed use provides for the development of a new, and/or preservation of a workina waterfront use. 20 Ordinance No. 7605-06 6. Flexibility with reQard to use. lot width. required setbacks. heiQht and off-street parkinQ are iustified based on demonstrated compliance with all of the followinQ desiQn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundinQ properties for uses permitted in this zoninQ district; b. The proposed development complies with applicable desiQn Quidelines adopted by the City: c. The desiQn. scale and intensity of the proposed development supports the established or emerQinQ character of an area; d. In order to form a cohesive, visually interestinQ and attractive appearance. the proposed development incorporates a substantial number of the followinQ desiQn elements: . ChanQes in horizontal buildinQ planes; . Use of architectural details such as columns, cornices. strinQcourses, pilasters. porticos. balconies. railinQs, awninQs, etc.: . Variety in materials. colors and textures; . Distinctive fenestration patterns; . BuildinQ stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers. enhanced landscape desiQn and appropriate distances between buildinQs. 21 Ordinance No. 7605-06 Section 12. Article 2, Zoning Districts, Section 2-1302, Table 2-1302 "IRT" Minimum Standard Development, is amended as follows: Section 2-1302. Minimum standard development. The following uses are Level One permitted uses in the Industrial Research and Technology "IRT" District subject to the minimum standards set out in this section and other applicable provisions of Article 3. Table 2-1302. "IRT" District Minimum Standard Develooment Uses Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. (ft.) Parking ft.) Front Side/ Rear Accessory DwellinQs 5,000 50 20 15 50 1/unit Governmental Uses(1) 20,000 200 20 15 50 3/1,000 SF GFA Manufacturing 20,000 200 20 15 50 1.5/1,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor Storage n/a n/a n/a n/a n/a n/a (accessory use) (2) Parks and Recreation n/a n/a 25 10/20 50 1 per 20,000 SF Facilities land area or as determined by the community development coordinator based on the ITE Manual standards Research and 20,000 200 20 15 50 2/1,000 SF GFA Technology Restaurants(3) 10,000 200 20 1.2 50 15 soaces oer 1 000 SF GFA Self Storage 20,000 200 20 15 50 1 per 20 units plus 2 for manager's office TV/Radio Studios 20,000 200 20 15 50 4/1000 SF GFA Vehicle Service 20,000 200 20 15 50 1.5/1,000 SF GFA Wholesale/Distribution 20,000 200 20 15 50 1.5/1,000 SF / Warehouse Facility GFA *********** (3) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use cateoory shall not exceed two and one half acres. Any such use, alone or when added to contiouous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate cateoory which shall include such use and all contiouous like uses. Restaurants located in the IG future land use cateoory shall be allowed only as an accessory use, located within the structure to which it is accessory. and shall not exceed twenty-five (25) percent of the floor area of the principal use to which 22 Ordinance No. 7605-06 it is accessory. Section 13. Article 2, Zoning Districts, Section 2-1303, Table 2-1303 "IRT" Flexible Standard Development, is amended as follows: Section 2-1303. Flexible standard development. The following uses are Level One permitted uses in the IRT District subject to the standards and criteria set out in this Section and other applicable provisions of Article 3. Table 2-1303. "IRT" District Flexible Standard Development Uses Min. Lot Min. Lot Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street Area (sq. Width (ft.) Parking ft.) Front* Side/ Rear Automobile Service 20,000 100 20 15 30 4/1000 SF GFA Stations Major Vehicle Service 20,000 100 20 15 30 4/1000 SF GFA Manufacturing 10,000 100 20 15 50 1.5/1 ,000 SF GFA Offices 20,000 200 20 15 50 3/1,000 SF GFA Outdoor 40,000 200 20 15 30 1--10/1,000 SF Recreation/Entertainment Land Area or as determined by the community development coordinator based on ITE Manual standards Outdoor StoraQe 10,000 100 20 15 30 3/1,000 SF GFA ParkinQ Lots 10,000 100 20 15 n/a n/a Public Facilities 10,000 100 20 15 50 1--2 per 1,000 GFA Public Transportation n/a n/a n/a n/a 10 n/a Facilities(1 ) Research and Technoloav 10,000 100 20 15 50 2/1,000 SF GFA Residential Shelters(2) 5,000 50 20 15 30 3/1,000 SF GFA Retail Sales and Services n/a n/a n/a n/a n/a n/a Restaurants@ flfa.-5.000 - Ala 50 -100 Ala 20 AIa~ Ala 30 Ala 7-15 spaces 10000 per 1 000 GFA Self Storage 10,000 100 20 15 50 1 per 20-25 units plus 2 for manaQer's office TV/Radio Studios 10,000 100 20 15 50 4/1000 SF GFA Util ityll nfrastructu re n/a n/a 20 15 n/a n/a F acilities(3) Vehicle Sales/Displays and 40,000 200 20 15 30 1.5/1,000 SF Lot Major Vehicle Sales Area SaleslDisplavs(4) Vehicle Service 10,000 100 20 15 50 1.5/1,000 SF GFA Veterinary Offices or 10,000 100 20 15 30 5/1,000 SF GFA Animal GroominQ Wholesale/Distribution/ 10,000 100 20 15 50 1.5/1,000 SF Warehouse Facilitv GFA 23 Ordinance No. 7605-06 *********** (5) Restaurants that are accessory or incidental to any permitted use will not require Flexible Standard Development application for review. Restaurants located in the IL future land use cateaorv shall not exceed two and one half acres. Any such use, alone or when added to contiauous like uses which exceed two and one half acres shall require a land use plan amendment to the appropriate cateaorv which shall include such use and all contiauous like uses. Restaurants located in the IG future land use cateaorv shall be allowed only as an accessory use. located within the structure to which it is accessory. and shall not exceed twenty-five (25) percent of the floor area of the principal use to which it is accessory. Section 14. Article 2, Zoning Districts, Section 2-1303, Flexible Standard Development, is amended as follows: Flexibility criteria: *********** M. Restaurants. 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 will not involve direct access to a major arterial street; ~ The restaurant is located in a building used for a minimum standard use in the district and the restaurant occupies no more than ten percent of the floor area of the building; ~ The restaurant is of a design and character that it 'Nill primarily serve the employees or patrons of minimum standard uses in the district; a 3. Off-street parking: .9.:. The physical characteristics of a proposed multiple tenant building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non-parking demand-generating purposes; b. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or any parking is available through any existing or planned and committed parking facilities or the shared parking formula in Article 2, Division 14. 24 Ordinance No. 7605-06 &:- Adjacent I3nd uses ~ of 3 nature that there is 3 high probability th3t p3trons 'Nill use modes of transport3tion othor th3n the 3utomobile to 3coess the use; 1-. 4. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces. ~ Lot area and width: The parcel proposed for development was an existina lot of less than 10,000 square feet and was not in common ownership with any contiauous property on May 1, 1998 or the reduction in lot area will not result in a buildina which is out of scale with existina buildinas in the immediate vicinity of the parcel proposed for development; Section 15. Article 2, Zoning Districts, Section 2-1304, Table 2-1304 "IRT" Flexible Development Standards, is amended as follows: Section 2-1304. Flexible development. The following uses are Level Two permitted uses in the Industrial, Research and Technology "IRT" District subject to the standards and criteria set out in this section and other applicable provisions of Article 3. Table 2-1304. "IRT" District Flexible Develooment Uses Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height (ft.) Min. Off-Street (sa. ft.) (ft.) ParkinQ Front* Side/Rear Adult Uses(1) 10,000 100 20 15 30 5/1,000 SF GFA Comprehensive lnfill n/a n/a n/a n/a n/a Determined by Redevelopment the community Project~ development director based on the specific use and/or ITE Manual standards Nightclubs(d~ 10,000 100 20 15 30 15/1,000 SF GFA Offices 10,000 100 20 15 30 3/1,000 SF GFA Overnight 40,000 200 20 15 50 1/UNIT Accommodations(4 ~) Salvage Yards 40,000 200 20 15 30 1/200 SF of office space Self Storage 20,000 100 20 15 30 1 per 20--25 units plus 2 for manager's office Social/Public 10,000 100 20 15 30 3/1,000 SF GFA Service AQencies(a4) 25 Ordinance No. 7605-06 Telecommunication 10,000 Towers 50 25a 10/20 Refer to Section nla 3-2001 *********** (2) ,^,ny use proposed for a Comprehensi'J8 Infill Redevelopment Project shall be pormitted by the underlying Future Land Use Plan Map designation. (J2.) Nightclubs shall not exceed five acres in area in the Industrial Limited land use plan map category or exceed 25 percent of a project in the Industrial General land use plan map category. (4~) Overnight accommodations shall not exceed five acres in the Industrial Limited land use plan map category or exceed 25 percent of a project area in the Industrial General land use plan map category . (51) Social/public service agencies shall not exceed five acres. *********** Section 16. Article 2, Zoning Districts, Section 2-1304.C. "Comprehensive infill redevelopment projects", Flexibility criteria,is amended as follows: C. Comprehensive infill redevelopment projects. 1. The development or rede'.'elopment of the parcel proposed for development is otherv:ise impractic31 without devi3tions from one or more of the following: use; intensity; other development st3ndards; 2. The development of the p3rcel proposed for development 3S a comprehensive infill redevelopment project '.viII not reduce the fair m3rket v31ue of abutting properties; 3. The uses within the comprehensive infill redevelopment project 3re othel'\vise permitted in the City of Cle3rw3ter; 1. The uses or mix of uses within the comprehensive infill redevelopment project 3re compatible with adj3cent I3nd uses; 5. The development of the parcel proposed for development 3S 3n comprehensive infill redevelopment projoct will upgrade the immedi3te vicinity of the parcel proposed for development; 6. The design of the proposed comprehensive infill rodevelopment project creates a form and function which enh3nces tho community 26 Ordinance No. 7605-06 character of the immedi:3te vicinity of the parcel proposed for development :3nd the City of Clearw:3ter :3S :3 whole; 7. Flexibility in regard to lot width, required setb:3cks, height and off stroot parking :3re justified by the benefits to community ch:3r:3cter :3nd the immedi:3te vicinity of the parcel proposed for development and tho City of Cle:3rw:3ter :3S :3 whole; 8. Adequ:3te off stroot parking in the immedi:3te vicinity :3ccording to the shored p:3rking f-ormul3 in Division 11 of Article 3 will be :3V:3il:3ble to avoid on street parking in the immedi:3te vicinity of the p:3rcol proposed for development; 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zoninq district: 2. The development or redevelopment will be consistent with the qoals and policies of the Comprehensive Plan. as well as with the qeneral purpose. intent and basic planninq obiectives of this Code. and with the intent and purpose of this zoninq district: 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundinq properties; 4. Adioininq properties will not suffer substantial detriment as a result of the proposed development: 5. The proposed use shall otherwise be permitted bv the underlvinq future land use cateqorv, be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiqhborhood: and shall demonstrate compliance with one or more of the followinq obiectives: a. The proposed use is permitted in this zoninq district as a minimum standard. flexible standard or flexible development use; b. The proposed use would be a siqnificant economic contributor to the City's economic base bv diversifvinq the local economy or bv creatinq iobs; c. The development proposal accommodates the expansion or redevelopment of an existinq economic contributor; d. The proposed use provides for the provision of affordable housinq: 27 Ordinance No. 7605-06 e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezoninq would result in a spot land use or zoninq desiqnation: or f. The proposed use provides for the development of a new, and/or preservation of a workinq waterfront use. 6. Flexibility with reqard to use. lot width, required setbacks. heiqht and off-street parkinq are iustified based on demonstrated compliance with all of the followinq desiqn obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundinq properties for uses permitted in this zoninq district: b. The proposed development complies with applicable desiqn quidelines adopted by the City; c. The desiqn. scale and intensity of the proposed development supports the established or emerqinq character of an area: d. In order to form a cohesive. visually interestinq and attractive appearance. the proposed development incorporates a substantial number of the followinq desiqn elements: . Chanqes in horizontal buildinq planes; . Use of architectural details such as cornices, strinqcourses. pilasters, balconies, railinqs. awninqs. etc.: . Variety in materials. colors and textures; . Distinctive fenestration patterns; . Buildinq stepbacks; and . Distinctive roofs forms. columns. porticos. e. The proposed development provides for appropriate buffers, enhanced landscape desiqn and appropriate distances between buildinqs. *********** 28 Ordinance No. 7605-06 Section 17. Article 2, Zoning Districts, Open Space/Recreation District ("OSR"), Section 2-1404 Flexible development, is amended as follows: Section 2-1404 Flexible development. Table 2-1404. "OSR" District Flexible Development Standards Table 2-1404. "OSR" District Flexible Standard Development Standards Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sa. ft.) (ft.) (ft.) ParkinQ Front Side Rear Comprehensive n/a n/a n/a n/a n/a n/a Determined by Infill the community Redevelopment development ProjectfB coordinator based on the specific use and/or ITE Manual standards 01 Any use ::1pproved for::1 Comprehensive Infill Redevelopment Project shall be permitted by the underlying Future Land Use Plan Map design::1tion. Section 18. Article 2, Zoning Districts, Section 2-1404.A, Open Space/Recreation District ("OSR"), Flexible development, Flexibility criteria, is amended as follows: A. Comprehensive intill redevelopment projects. 1. The development or redevelopment of the p::1rcel proposed for development is otherwise impr3ctic31 without devi3tions from one or more of the following: use; intensity; other development st3nd3rds; 2. The development of the p3rcel proposed for development 3S 3 comprehensive infill redevelopment project will not reduce the bir m3rket v31ue of 3butting properties; J. The uses within the comprehensive infill redevelopment project 3re other....ise permitted in the City of Cle3rw3ter; 1. The uses or mix of uses within the comprehensive infill redevelopment project 3re comp3tible with odj3cent 13nd uses; 5. The development of the p3rcel proposed for development 3S 3n comprehensive infill redevelopment project will upgr3de the immedi3te vicinity of the p3rcel proposed for de'.'elopment; 29 Ordinance No. 7605-06 6. The design of the proposed comprehensive infill redevelopment project creates 3 form and function which enh3nces the community ch3r3ctor of the immedi3te vicinity of the p3rcel proposed f-or development 3nd the City of Cle3rwater 3S 3 whole; 7. Flexibility in rog3rd to lot 'Nidth, required setb3cks, height and off stroot p3rking are justified by the benefits to community ch3racter 3nd the immedi3te vicinity of the p3rcel proposed for dovelopment 3nd tho City of Clearw3ter as 3 '.vhole; 3nd 8. Adequ3te off street p3rking in the immediate vicinity according to the sh3rod p3rking formula in Division 11 of Article d will be 3V3il3ble to 3void on streot parking in the immedi3te vicinity of tho parcel proposed for development; 1. The development or redevelopment is otherwise impractical without deviations from the use and/or development standards set forth in this zonino district; 2. The development or redevelopment will be consistent with the ooals and policies of the Comprehensive Plan. as well as with the oeneral purpose. intent and basic plannino obiectives of this Code. and with the intent and purpose of this zonino district; 3. The development or redevelopment will not impede the normal and orderlv development and improvement of surroundino properties: 4. Adioinino properties will not suffer substantial detriment as a result of the proposed development 5. The proposed use shall otherwise be permitted bv the underlvino future land use cateoorv. be compatible with adiacent land uses. will not substantiallv alter the essential use characteristics of the neiohborhood: and shall demonstrate compliance with one or more of the followino obiectives: a. The proposed use is permitted in this zonina district as a minimum standard. flexible standard or flexible development use: b. The proposed use would be a sionificant economic contributor to the City's economic base bv diversifvino the local economy or bv creatino iobs: c. The development proposal accommodates the expansion or redevelopment of an existino economic contributor; 30 Ordinance No. 7605-06 d. The proposed use provides for the provision of affordable housina: e. The proposed use provides for development or redevelopment in an area that is characterized by other similar development and where a land use plan amendment and rezonina would result in a spot land use or zonina desianation: or f. The proposed use provides for the development of a new. and/or preservation of a workina waterfront use. 6. Flexibility with reaard to use. lot width. required setbacks, heiaht and off-street parkina are iustified based on demonstrated compliance with all of the followina desian obiectives: a. The proposed development will not impede the normal and orderly development and improvement of the surroundina properties for uses permitted in this zonina district b. The proposed development complies with applicable desian auidelines adopted by the City; c. The desian, scale and intensity of the proposed development supports the established or emeraina character of an area; d. In order to form a cohesive. visually interestina and attractive appearance. the proposed development incorporates a substantial number of the followina desian elements: . Chanaes in horizontal buildina planes; · Use of architectural details such as columns. cornices, strinacourses. pilasters. porticos, balconies. railinas, awninas. etc.; . Variety in materials, colors and textures; . Distinctive fenestration patterns; . Buildina stepbacks; and . Distinctive roofs forms. e. The proposed development provides for appropriate buffers, enhanced landscape desian and appropriate distances between buildinas. 31 Ordinance No. 7605-06 Section 19. Article 2, Zoning Districts, Section 2-103, Table 2-103 "LDR" District Flexible Standard Development, is amended as follows: Section 2-103. Flexible standard development. The following Level One uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-103. "LDR" District Flexible Standard Development Use Min. Lot Area Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (SQ. ft.) (ft.) (ft.) ParkinQ Front Side Rear(1 ) Detached 10,000- 50-1 00 25 5-15 5-25 30 2/unit DwellinQs 20,000 Residential Infill n/a n/a 10-25 0-15 0-25 30 4- ~/unit Proiect(3) Utilityl n/a n/a 25 15 25 n/a n/a Infrastructure F acilities(2) *********** Section 20. Article 2, Zoning Districts, Section 2-104, Table 2-104 "LDR" District Flexible Development Standards, is amended as follows: Section 2-104. Flexible development. The following Level Two uses are permitted in the LDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-104. "LDR" District Flexible Development Standards Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Attached 10,000 100 25 10 15 30 2/unit Dwellings Overnight 20,000 100 25 15 25 30 1/unit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on the ITE Manual standards Residential n/a n/a 10-25 0-15 0-15 30 4- ~/unit Infill(2) Schools 40,000 200 25 15 25 30 1/3 students 32 Ordinance No. 7605-06 *********** Section 21. Article 2, Zoning Districts, Section 2-203, Table 2-203 "LMDR" District Flexible Standard Development, is amended as follows: Section 2-203. Flexible standard development. The following Level One uses are permitted in the LMDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-203. "LMDR" District Flexible Standard Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Size (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Attached Dwellinas 10,000 100 25 10 15 30 2/unit Detached Dwellings 5,000 50 15-25 5 5--15 30 2/unit Residentiallnfill n/a n/a 10--25 0-5 0--15 30 ~ 2/unit Projects(3) Uti lity/I nfrastructu re n/a n/a 25 10 15 n/a n/a F acilities(2) *********** Section 22. Article 2, Zoning Districts, Section 2-204, Table 2-204 "LMDR" District Flexible Development Standards, is amended as follows: Section 2-204. Flexible development. The following Level Two uses are permitted in the LMDR District subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-204. "LMDR" District Flexible Develooment Use Min. Lot Size Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street (sq. ft.) (ft.) (ft.) Parking Front Side Rear(1 ) Attached 10,000 100 25 5 15 30 2/unit Dwellinas Detached 3,000-- 5,000 25--50 15--25 2-5 5-15 30 2/unit Dwellinas Non- n/a n/a 25 10 10 n/a n/a Residential Off-Street Parkina 33 Ordinance No. 7605-06 Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreation SF land area Facilities or as determined by the community development director based on ITE Manual standards Residential n/a n/a 10-25 0-5 0-15 30 4- 2/unit lnfill Proiects(2) Schools 40,000 200 35 25 15 30 1/3 students *********** Section 23. Article 2, Zoning Districts, Section 2-304, Table 2-304 "MDR District Flexible Standard Development, is amended as follows: Section 2-304. Flexible development. The following Level Two uses are permitted in the MDR District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-304. "MDR" District Flexible Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft.) Front Side Rear(1 ) Assisted Living 20,000 100 25 5 10 30--50 1 per 2 Facilities . residents Attached 10,000 100 25 5 10 30--50 2/unit Dwellinas Congregate Care 20,000 100 25 5 10 30--50 1 per 2 residents Non-Residential n/a n/a 25 5 10 n/a n/a Off-Street Parkina Overnight 20,000 100 25 5 10 30--50 lIunit Accommodations Parks and n/a n/a 35 20 25 30 1 per 20,000 Recreational SF land area Facilities or as determined by the community development director based on ITE Manual standards Residentiallnfill n/a n/a 10-25 0-5 0-10 30--50 4- 2/unit Proiects(2) *********** 34 Ordinance No. 7605-06 Section 24. Article 2, Zoning Districts, Section 2-404, Table 2-404 "MHDR District Flexible Standard Development, is amended as follows: Section 2-404. Flexible development. The following Level Two uses are permitted subject to the standards and criteria set out in this section and other applicable regulations in Article 3. Table 2-404. "MHDR" Flexible Development Use Min. Lot Min. Lot Width Min. Setbacks (ft.) Max. Height Min. Off-Street Area (sq. (ft.) (ft.) Parking ft. ) Front Side Rear(1 ) Attached 15,000 150 15--25 0-10 1 0--15 30--50 2/unit Dwellinas Congregate Care 15,000 150 25 10 15 30 1 per 2 residents Non-Residential nla nla 25 5 10 nla nla Off-Street Parkina(2) Overnight 15,000 150 15--25 0-10 10--15 30 1/unit Accommodations Parks and nla nla 35 20 25 30 1 per 20,000 recreation SF land area facilities or as determined by the community development coordinator based on the ITE Manual standards Residentiallnfill nla nla 10--25 0-10 0-15 30 4- ~/unit Proiects(3) Residential 15,000 150 25 10 15 30 2/1,000 GFA Shelters *********** Section 25. Article 3, Development Standards, Section 3-1403.8, Parking lot surfaces, is amended as follows: 8. Grass surface. *********** ~ The City Manaqer or the Community Development Coordinator may permit parkinq on the qrass or other permeable surface for public purpose needs. *********** 35 Ordinance No. 7605-06 Section 26. Article 3, Development Standards, Section 3-1407.A, Parking restrictions in residential areas, is amended as follows: *********** 2. Between principal structure and right-of-way. The following vehicles shall not be parked or stored, in whole or in part, between any portion of the principal structure and any right-of-way line in a residential zoning district up to a maximum of two frontaoes: *********** 4. Exception to prohibition of parking on unpaved areas on sinale familv and duplex residential property. One designated parking space may be located on the grass in a required front setback adjacent to and parallel to the driveway located on the property. Access to such designated parking space shall be by way of the property's driveway. If the designated parking space can not be maintained as a landscaped orass area and is either reported by neighboring residents as a detrimental property or is identified by any code inspector as in violation of this provision, such designated parking area shall be filled in, by the property owner, with pavers, concrete, turf block or asphalt, or other 3pproyed suitable parking material. Materials not permitted include crushed shell. mulch. millinos or similar material. *********** Section 27. Article 3, Development Standards, Section 3-1503.B. Nuisances is amended as follows: *********** 14. Graffiti. Graffiti on any wall. post. column. or other buildino or structure. or to a tree. or other exterior surface. publiclv or privatelv owned. within the City of Clearwater. Section 28. Article 3, Development Standards, Section 3-1507. Inoperative vehicles on public property, is amended as follows: *********** B. This section may be enforced by any law enforcement officer, traffic infraction officer, or code enforcement inspector certified as a parking enforcement specialist. A law enforcement officer, traffic enforcement officer or code enforcement officer inspector certified 3S a parking enforcement specialist is authorized to remove, have removed, or impounded any inoperative vehicle which reasonably appears to be in violation of this section. Any law enforcement officer, traffic infraction enforcement officer, or code enforcement officer inspector who intends to remove, have removed, or impounded any inoperative vehicle 36 Ordinance No. 7605-06 under this section shall comply with the procedures provided for in F.S. Ch. 705, as that chapter relates to the impounding of property located on public property. Traffic infraction enforcement officers and code enforcement inspectors are hereby authorized and designated by the city to administer the provisions of F.S. Ch. 705, as they relate to lost, abandoned or inoperative vehicles. Section 29. Article 8, Definitions and Rules of Construction, Section 8- 102, Definitions, is amended as follows: *********** Community development coordinator means the director of the department ef responsible for the community development :md redevelopment planninq functions of the city, or any person designated to act on behalf of the director. *********** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including financial institutions, grocery stores, adult day care, child care, personal services, funeral homes, art galleries, artisans, farmer markets, social and community centers, veterinary offices 3nd 3nim31 boarding without outdoor cages, runs or pens and including the sale of alcoholic beverages for off-premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic beverages occupies less than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on-premise consumption of alcoholic beverages. Section 30. Article 3, Development Standards, Section 3-910. Color, is amended as follows: No building, or its proiections and attachments, such as any siqn or awninq, shall be painted or otherwise finished with a predominant color which is garish, gaudy, loud, excessive, ostentatious or otherwise constitutes a glaring and unattractive contrast to surrounding buildings. Section 31. 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 32. 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 33. 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 37 Ordinance No. 7605-06 validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 34. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 35. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING April 6. 2006 PASSED ON SECOND AND FINAL READING AND ADOPTED April 20. 2006 4~/~ Frcfnk V. Hibbard ~ Mayor Approved as to form: Attest: ~ Leslie Dougall-Si e Assistant City Attorney 38 Ordinance No. 7605-06