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02-23 RESOLUTION NO. 02-23 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE ISLAND ESTATES NEIGHBORHOOD PLAN PREPARATORY TO IMPLEMENTING A NEIGHBORHOOD CONSERVATION ZONING OVERLAY DISTRICT AND ASSOCIATED TEXT AMENDMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Island Estates neighborhood submitted an application for designation as a Neighborhood Conservation Overlay District, and the City Commission determined that Island Estates met the criteria set forth in Community Development Code Section 4-608B for such designation, and appointed a study committee to develop a Neighborhood Plan preparatory to implementing a zoning overlay and associated text amendments, and all prerequisites to district designation have been met; and WHEREAS, the City and the Island Estates residents met and developed goals and policies for the neighborhood to protect and preserve neighborhood character; and WHEREAS, neighborhood planning is an important part of the comprehensive planning process for a built-out community; and WHEREAS, the Community Development Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this amendment, conducted a public hearing to consider all public testimony and has determined that this plan is consistent with the City of Clearwater's Comprehensive Plan; and WHEREAS the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing; and WHEREAS, in order to proceed with the zoning overlay and text amendments it is necessary for the City of Clearwater to approve the Island Estates Neighborhood Plan; and WHEREAS, the adoption of a zoning overlay and text amendments as contemplated in the Island Estates Neighborhood Plan will provide a means of ensuring that infill and redevelopment activities in the Island Estates neighborhood, which requires special consideration, are consistent with the protection of the existing neighborhood character; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Resolution No. 02-23 Section 1. That the Island Estates Neighborhood Plan, attached hereto as Exhibit "A," is hereby approved by the City of Clearwater. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 19th day of September ,2002. ,- z. Q.......-- Leslie K. Douga - ides Assistant City Attorney ,/,. '. ;.~/ -. 2 Resolution No. 02-23 I ,r" t / Prepared by the Island Estates Neighborhood and the Ci ty of Clearwater Planning Department Adopted~ September 19, 2002 ~ Clearwater u~~':~~ '.:'---"'-../-""'~::""-~"" Island Estates Neighborhood Plan Rreparedlo)' the Island Estates Neighoorhood i ilnconjunction with the Cit)' o~ Clearwater Rlanning Department , I September 19, 2002 I Community Development Board Hearing: June 18, 2o'b2 . City Commission Approval: Septemoer 19, 2002 Resolution No. 02-23 Clearwater City Commission Brian J. Aungst, Mayor Whitney Gray. Vice Mayor Hoyt Hamilton Frank Hibbard Bill Jonson City Administrators William B. Horne II, City Manager Garry Brumback, Assistant City Manager RalphE. Stone, Assistant City Manager Pamela K. Akin, City Attorney Community Development Board Carlen Petersen, Chair Ed Hooper. Vice-Chair John Doran David Gildersleeve, Edward Mazur, Jr. Shirley Moran Alex Plisko Kathy Milam,Alternate Island !Esta'tes Neighborhood Overlay Study Committee Curt Waldon, Chairperson Phylis Boksen Fran Briskman Tom Caleca Sandy Cole Jack Heckert Rusty Hoaglin Dan Molino Sheron Nichols Chuck Stebbins Lars Warn Former'Members: Shei 10. Cole Angus McNeely Jim Steensen Planning Department Cyndi Tarapani, Planning Director Lisa Fierce, Assistant Planning Director Gina Clayton, Long Range Planning Manager Lochen Wood, Planner Island Estates Neighborholod Plan Table of Contents :I.nt.rodu.ct.ion ......:. (1,....... .It.. .,." .,...... ..... ... ..... ........... III........ III II. .. ..,...... II................... I........."'.... II< elle iii....................... 1lI>"... .,......".".. '"." .'. It. :1 Neighborhood Co I1servat ion OverlayD i stri ct... ............................ ........... ......... 1 I.sland Estates Planni ng Pro cess.......................... on............. .............. on................. 2 Neigh borhoodD~Scri ptio n .......................,.............,....,...........................................4 Is land Estates Civic Association ............... ........... ..... .................... ...... ..... ............ .:12 Stren9th$andWeakn~ses ..................... ...................................................,..,................. .... 13 .strengths..........." n.... .............. ................. .......... ~.....................................,........... ..,........ 13 Weaknesses .. .....". ".............. ..... .........,.................... ............. ........................................ ..... '14 Go<1lsandObjectives .." ..... ................................................................................................ ,.. .17 NeighborhoqdArnenities.............................. ....................... ........... ................. ........17 'Iv' aterfront~nd . Canals................. ............................................... ...................... ......17 Traffi.c. and Street Use.... ........ ......................... .....".. .............. ..... ......... ................ ..18 NeighborhogdAppearance and Mai ntenance ....................................................19 Character of. Redevelopment ......... .............., ..... ........ ............... .......................... ...21 Uti lities and i Inf~astructure.. ........ ............,.. ........ ...... ....... ......................................21 Mi nimum. Rental. Periods ..... ...... ...... ........................ ........ ..... .................... ........ ...........22 Imp lementation ... .................................................................,.................................................. . 23 Development.. Stcillrudards ..... ............... ...................... ................. ..... ........... .................23 Neigh borhood Requi rements ....... ........ ................ .......... ........... ........... ...n... .......,... 28 Neighborhood. Strategies and Activities ........................................................... 30 Conclusi on ...................... u...........................................................................................".............. 33 A,p,pendices.... .e..c...~.,.. ...".0 III oe........... ell,." ..... a..... It..... ............. ..tle... ti...... tI.. II................................."........'" II..."...... ........... .:l~ '35 Appendix. A .- DE>..signationand PlanningProces,s Calendar ............................'! 37 Appendix. B ... Ranking Ballot.................. ................... ...... ........................... ........ ......! 41 Appendix C.. Rahkecf Items for Development Standards.............................,43 Appendix....D..Grouped. Strengths...............~.......... ... ...... ..... ... ...... ..... ........ ........ .~....,. 45 Appendix E tGr;ouped ..W eaknesses ............ ........ 0................ .................................! 47 Appe.ndixF,. Ba:lIot Package (lnd Tally.... ...........................................................! 49 Appendix:iGhOrdinance No. 6981-02-Adopting the Island Estates NCOD ...~..... ........................................................... 0.... ............................0............. "'! 57 Tablel- US 'Cens~sDlemo9raphies for Island Estates.............................................,I0 AAGpS Mapl.-IslGmdEstates.Neighborhood...Location ..............................................,. 6 Mop 2 -IslandJEStatesNCOD A.rea Boundary ................................................., 7 Map3- Island Estates ZC>nin9 ................ .............................. ............... .................. 8 Map 4 - Isl(lnd Estates Residenti.al.Areas .......................................................... 26 Introduction Neighborhood COf\servation Overlay District In 1999, the City of Clearwater adopted its existing Community Development CodE~ that implemented a new planning tc)ol known as the Neighborhood Conservation Overlay District (NCOD.) The purpose of the NeOD is "to provide a means of ensuring that infill and redevelopment activities in existing, stable, residential neighborhoods or neighborhoods requiring special consideration are consistent with the protection of the existing character of the neighborhood," per Community Development Code !i4-608. With designation as a Neighbor'hood Conservation Overlay District, the neighborhood is charged with devel,oping a neighborhood plan and special development standards to help prc)tect public health, safety and welfare. Upon completion of the plan and the adoption of development standards by the City Commission, the neighborhood will be demarcated on the City Zoning Atlas and inl the Community Development Code as an overlay district. 1 The purpose of the neighbor'hood plan is to provide a framE~work for neighborhood enhancement, change, and maintenance. It will serve as an official documerlt for Island Estates and the City of Cle,arwater. It should be used to coordinate public and pr-ivate initiatives, as well as to pr'ovide the basis for the implementation of development standards unique to the neighborhood. Island Estates PlaMir~ Process Island Estates is the second Clearwater neighborhood to pursue the NCODI designation. The CO'Cllchman Ridge Neighborhood Plan and development regulations were adopted by the City Commissiorl on July 3, 2001. The: neighborhood met all M:ine (9) of the criteria required to qualify as an NCOD. Island Estates is ther,~fore considered: · To be fully developed and well maintained; II To be significanfly developed, with few vacant parcels; · To have stable or increasing property values; · To have no significant planned road improvements; · To have few properties subject to code enforcement proceedings; · To have few properties non-conforming to current City zoning codes; · To havefewi properties non-conforming to current City building codes; · To be large enough to warrant such designation; and · To be. cohesive enough to warrant such designation. The process of planning and designating an NeOD cannot be initiated unless: at least sixty percent (60%) of the neighborhood property ownel"'S agree tOI proceed. In December 2000, a group of Island Estates citizens presented petitions of approval from property ow.ners to the City Planning Departmen1r to pursue an overloy district. The petition stated, "Yes, I, the undersigned" petition the City of Clearwater to initiate the process to establish Island! Estates as a Neighborhood Conservation Overlay District." When the Island Estate NCOD was initially proposed, it was to include only the residential areas east and north of the commercial area. There were 574 prc)perties in the proposed overlay district. Owners from 367 separate pr'operties signed and returned petitions. Once petitions from sixty-.four percent (64%) of the property owners werE~ received, the City Commission initiated thje planning process, which included public meetings and the establishment of a citizen study committee. Thee 2 study committee is composed of eleven (11) residents who committed much time, energy and exjp1ertise to the project. From the first few study committee meetings, it was determined that the overlay district should include all residential properties in the neighborholDd, as well as St. Brendan's Church. In order to do this, the Island Estates NCOD was proposed to expand by 51 additional residential properties fOlra total of 625 pro pe."t ies. Petitions of approval were received from 395, or Sixty-three percent (63%), of the property owners. The boundary expans:ion WQS presented to the City Commission on September 6, 2001 and approved unanimously. The.planni ng process included seven public neighborhood-planni ng meetings and numerous study committee meetings. Appendix A includes a calendar of the designation and planning .process. All the neighborhood-planning meetings were held at St. Brendan's Church on Dory Passage in Island Estates. The first meeting included an overview of the NCOD and a brainstort11ling session for neighborhood strengths and weaknesses. At the second mee1ring the strengths and weaknesses from the first meeting were reviewred, discussed in small ~Jroups, and then ranked to determine the neighborho()d's priorities~ At the third meeting, the residents broke into small groups land discussed goals and objectives that could help emphasize the strengths land ameliorate the wealknesses. Between the third and fourth meetings, the study committee was revamped with the additiofl of three new members. These members were replacements for plrevious members who resigned for various reasons. The fourth meeting included a presentation of general development standardls and a rar,~(ing exercise for those standards. This ranking exercise proved to be very important to the development of the plan. Appendix B 3 shows the ballot fOlr ranking. Appendix C shows the results from thiis exercise. From the Irlesults, the more comprehensive list of objectives and development regulaticms was established. At the fifth meetin~,. the proposed development standards were compared to the current City c,ode and the neighborhood deed restrictions. The sixth meeting consisted ()f a presentation of the preliminary text of the neighborhood plan, ilncluding the development regulations. The residents provided comments that were incorporated into the final draft. At the seventh meeting, the plan was reviewed for the final time befor'e being presented to the City Commission. In addition, the procedure and schedule for voting on proposed development standards was announced. Neighborhood Description The Island Estates neighborhood is located on the west side of the city, between Clearwater Beach and downtown Clearwater'. Map 1 shows the location of Island Estates within the City of Clearwater. It is approximately 210 acres in area. The Island Estates neighborhood is usually considered tel be all of the land and all of the land uses located off Island Way, north of Memorial Causeway. Howev4er, most of the commercial lands alre excluded from the overlay district that is covered by this plan. This is dU4e to the intention to preserve the re~iidential character of Island Estates. See Map 2 for the boundaries of the NeOD. 4 Island Estates is a unique neighborhood within the City of Clearwater in that almost every property is on thE~ waterfront. The neighborhood consists of a series of islands and peninsulas that were created through a dredge and fill process. The land for the neighborhood was filled during the 1950s and 1960s. Accordin9 to Pinellas County plat books, the island was platted for development between 1957 a.nd 1969. The original parts of the community are located adjacent to Memorial Causeway and the later platted lots are further to the nc)rth. The lots on the southern end are somewhat smaller than lots on the northern end - which allowed for larger and newer homes toward.the nc>rth. The neighborhood IS geographically isolated from the rest of the City. It has only one ingress/egress, which is located on the Memorial Causeway. Due to limited access, there is mostly resident traffic and very little tourist traffic. In addlition, because there is only one access point to the neighborhood, tr'affic congestion on Memorial Causeway greatly affects accessibility to the neighborhood. Most of the neighborhood has residential land use, ranging from large single- family homes to multi-story, multi-unit condominiums. Map 3 shows CUlrrent zoning, parcels at1id street names within Island Estates. 5 Map 1 Island Estates Location :~ [6 ~ ( ~::;:::, :');\) ri~ "ijSj ~:~L.-' '~:;:ui" ,i ,f- ;~ i~~ ~'~~ u ';1::t~;:o CR5 ",' ~ Jt~j' 0 T . . rt Q 1fT';::: -1 k. \,,).\, .0 tJ' ....", ~2'1J,~~J;:r~ ~ V;k "fr.: :1'~-,1' t.l.[T . 1:'"...:: ([7 1 f)~u tJ in,! :. -r r:= j I t= i-- t P' (I>' iT' l~ ~ "'4>J ~;-= · r:J ~f--.T , 1C-"=~ f _ .. (;._. a 10:0 0'- '~l . 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L IE }~~tl' ;/~ =~:- --':, :~ ~,'- :,' 'G' ir__-r-J ffiL~~~ ( ;~ :c~-:~f ~~ ~g~rD CO r"j~~ ~"--'. ~.l .~=:;:j ,'- infrl't ff=';;I~~ ~~{ {~~~ .rn" ,-' -~, l ~~4'~.\:!iI' s~~~Tr.l~k1 \ :;rtI \t ' o-f .l1~ -i:?j~ !! ..';.JT != i) i 111' h:-7I ,( C'~..:;"" . :2'.:;:,,_.,.. Ii WI ) r--': II .. c~, .,~ Island Estates I :/ " q L. ~ ~~~, ~i ~ fit) ?"v7 )0/ , i 6 N W.E Map 2 Island EstatEtS Nttighborhood Conservation Overlay District Island Estates NCOD! Area N W+E ,/ s To Memorial CallSlilWllY 7 Map3 Island Estates Zoning c=J Low Medium Density Resiidential W&EMedium Density Residentlial _Medium High Density'Resiidential High Density Residential _Commercial _Insitutional N w ~ The most dominant land use is single-family residences, which are located in the Low Medium Density Residenticll (LMDR) zoning district. Ini the Medium Density Residential (MDR), Medium High Density Residential (MHDR). and High Density Residential (HDR) zoning districts the uses are multi-family residences. The multi-family areas range in density from duplexes and triplexes to large-scale, multi-story condominiums with hundreds of residents. Because each condominium has its own residel~t association, each cc:>ndominium has its own regulations and character. The Institutional (I) area is occupied by St. Brendan's Church. In addition, there are several Commercial (C) properties in Island Estates. The Commercial district includes a shopping center with a large grocery store, a smaller shopping center, two bank branches, a large restaurant, a marina Qf~d some office space. Most of these commercial properties are excluded froim the overlay district in ordc~r to keep the focus of the plan on the residentilol areas. One commercial site consisting of eleven (11) townhouse units is within the overlay district. This residential project was included in the overlay due to its similarity of use to the majority of the neighborhood. Island Estates is: a fairly large neighborhood with over 600 platt,ed properties, over 1,~)OO property owners, and over 3,200 residents. Theire are several large condominium complexes in the neighborhood, making the resident base larg'~. 9 Table 1 demonstra1iE~s the general demographics lof Island Estates for 1990 and 2000. This table also includes statistics for' the City of Clearwater SiO that comparisons ccm be made. Table 1 - 199Q Qn~ 2000 US Census Demographies - Island Estates Comparecl to City of Clearwater Island Estates m [J(] 1990 ,~.~01 2,847 I~ 45.7% 54.3% , , ,', ' 1,f~1 ", , 1~85" , ',," '" '-~' ,.,1.. '" , , ' , " '" ,."~~ '.,'" ,'.",. ITO~I PQpu~tipn Males Females Number of households Average household siA::e Under 18yrs 18t024 years 25to 44 years 45. to 64 years 65 years and over White Non-White 15% '. " Housin" units Owner occupied Renter occupied Seasonal, recreationall, occasiona Vacant . .. A, ' .,..,.... IQ 1,539 1.86 7.2% 3.3% 12.5% 29.7% 47.3% 99.5% 0.5% , 2,056 56.7% 18.2% 19.4% 5.8% Clearwater l f:t.. 9~~ 47:9% 46.1% ._ 52."1%.." 53.9% 48,449 44,138 -- 2.17" , , 2.17 , " , 17.5% ~ "1 8.2% -,- -. ,- 27.9% ~ ';tf'7o ~"'.l 001. 20.8% , 25.6% , .. ": !ooI'!' 89.1% 16.1 ~ ' , 10.1% , " , 56.802 53,833 ~ , 50.7% , 31.3% 7.8% I ~ ~nJ - 10.3% I )70 " There are some significant differences in the general municipal demographics and those specific to Island Estates. For example, in Islar\d Estates, the Qvera!~e household size is lower than in the City as a whole. Jtn addition, the age tr'ends show that Island Estates seems to have an old4er population than the City as a whole. There are significantly more ownelr- occupied housing units and fewer renter-occupied housing units in Isla"d Estates than in the City. A significant difference between Island Estat4es and the rest of th4e City is that the neighborhood has a comparatively lar!~e percentage of hOll~iing units that are used seasonally, recreationally, lOr 10 occasionally. Almost twenty percent (20",,0) of the housing units in Island Estates are part-time residences as compared to eight percent (8%) citywide. Thus, the demographic and housing trends in Island Estates are quite different from those in the City as a whole. Services 01'1 the island include a large super~market I a convenience store, a gas station, Q hair' salon, restaurants, banks, a private marina, and other retai I businesses. Another amenity for the neighborhood is Sunset Sam Park, which is located on the west end of Windward Passage. In addition, the Clearwater Marine Aquarium and the Island Yacht Club are located on Island Estates. Island Estates is a very well maintained neighborhood with continually increasing property values. According to property values from the Pinellas County Property Appraiser's Office, values increased from 1998 to. 2000 by approximately ten percent (10'0.) Most of the single- family homes were built prior to 1970, but are maintained so that they do not show signs of age. A recent trend in home-ownership is to buy a lot with an older, average sized home, then to demolish the home and build a newer, larger home in its place. In some cases this leads to Oln imbalance of scale and rhythm along the streets cape. The sidewalks, roads and gutters are generally well moi ntai ned throughout the neighborhood. However, no sidewal~:s exist along 11 Leeward Island, Midway Island, Windward Island, or the eastern portion oir Windward Passage. Island Estates prides itself if' having "two front yards." Almost every residential lot has Cl waterfront, and most single-family residences have docks or boat slip!~ along the seawall. Many of thE~ residents iOwn boats and use themorl a regular basis. In general, thE~ multi-family areas have activE~ waterfronts as well, with shared docks, boat slips and waterfront recreatiorl sites. Because of all the waterfront activity, Island Estates' backyard!~ could be considered a second front yard. Island Estates Civic Association In 1962, a small giroupof residents organized the Island Estates Civi(~ Association. (IECA). Its primary purpose was to establish and maintair~ liaison. with the developer and to provide social activities for island residents. .As the neighborhood grew and expanded, the Association als() broadened its goals to include the maintenance and protection of the uniquEe lifestyle of this community. The organization's goals include improvin~~ safety and property security, improving contact with local governments, improving propel"tylClppearance and beautification, acting as a c1earinghousE~ for community concerns and interests, and promoting an atmosphere that makes "neighbors" out of residents. The Island Estates Civic Association averages a total membership of ovelr 700 residents. There are 1.6 board members who are elected, each year at its annual meeting in November. Nine of these board members hold ctl position that is re!iponsiblefor a specific area of concern. These area:!; include Neighborho,od Crime Watch, maritime issues, membership, sociClll coordination, publicity and communication, beautification, Code and deed restrictions, business liaison and holiday lighting. In addition, the IEC;~ provides a platform for new programs to be brou!ght before the community. It has spearheaded programs to obtain reclaimed water, underground utilities, Sunset Sam Park, a new crosswalk and the NeOD planning process. 12 Strengths and Weclll<nesses Strengths One of the first steps the neighborhood accomplished in its I)lanning effort was the identification of its strengths and weaknesses. This e.xercise was challenging because some (l~f the participarlts expressed concern. about becoming part of an NeOD. Some residents believe that current City regula'tionsare sufficient to guide the neighborhood toward the future they deSire and specifying additional development regulations for the neighborhood could decr~se the amount of flexibility permitted by current City regulations. The community identified several other positive aspects of th.e neighborhood. The c10mmunity enjoys access to reclaimed water, a variety of goods and services I,ocated on the island, and well-maintained properties. The following lists the top strengths identified by the residents. Top Strengths .. As identified by residents during planning meetings . Not being in over Jay district-flexibility . Reclaimed woter . Well-maintai'rted property . Good service~isuch as grocery, gas station, store, bank and park . On-street parking- cars only . Mostly residE~ntial waterfront community . Water view . Island E$tatE~$ is fine as it is . Self-sufficie!nt community . Boat Parade . Public TranSpiCJ'rtation . St. Brendan Church 13 Besides these specifically ranked strengths, ther'e were dozens of items that when grouped dE~picts a picture of the neighbo1rhood's issues. The most significant positive aspect of the neighborhood is its amenities. The neighborhood has a variety of services and retail opportunities including a grocery, several restaurants, a neighborhood association, the Clearwater Marine Aquarium, and several annual neighborhood events. The community also identified its wClterfront accessibility as an asset. Most people enjoy the boatirlg lifestyle, the water views, and the higher property values associated with waterfront property. In addition to neighborhood amenities, waterfront, and flexibility, the neighborhood identified well-maintained properties, access to reclaimed water, and availability of on-street parking as assets to the community. Appendix D lists the grouped strengths of Island Estates. This list is ranked with the mOist important issues first. The main categories are underlined, and the assets fall under each main cate:gory. Weaknesses In addition to strengths, the neighbors identified the aspects of Island Estates that could use improvement. Despite that the neighbors are satisfied with the general upkeep and appearance of the community, mc)st of these address specific issU4es that detract from the appearanCle of the area. These include the presence of aboveground power lines, lack of yard maintenance, parking issues, and building setbacks. 14 The following lists the top weaknesses identified by the residents. Top Weaknesses - As identified by residents during planning meetings · Aboveground power lines- appearance . Gravel yards . Restricted wai'er flow-north pass is dosed . Parking of comrrlercial vehicles in front yard and on street . Parking of cars/boats/RVs onlowns & drivewoys- looks cluttered . Poor yard maintenance . Differences in setback requirements in deed restrictions and City Code . Loose regulation of redevelopment-needs stricter enforcement of building codes . Lack of busine~ss growth-no signage for non- residents . Chain link fences . Unable to enforce the use of "green" space in landscaping . Contaminates dumped in canal-grass clippings Similar to the stren9ths, the entire list of weaknesses included dozens of comments. These comments have been grouped by maJor category in order to determine which ones were the most significant category of weaknesses. Again, despite that the neighbors aregeneraUy pleased with the upkeep andappearonce of the neighborhood, the most prominent weaknesses are related to the lack of upkeep and mai nte:nance for some parts of the island. Specific issues include the preserlce of gravel yards, poor landscapilng maintenance, dutter, and the blocking of water views. 15 Parking and traffic were the next highest concern for the community. Again, many of the parking issues relate to the appea1rance of the neighborhood in that 'the community identified certain ve:hicles and the number of vehiclE~s parked in driveways and front yards as significant detractors from the neighborhood. Many were concerned with the presence of speeding vehicles along the residential streets and with the amount of traffic on Memorial Causeway during high tourist season. The presence of aboveground utilities was also identified as a detractor from the appearance of the area. The . misuse of waterfront and canals is also a weakness for the community. Over the years, the water in the canals has suffered due to lack of circulation, increased boating activities and the dumping of yard debris and litter into the water. Other waterfront concerns are speeding watercraft, shoaling under bridge.s and boat noise. The character of some new development is viewed as Qflother negative issue by many residents. In order to comply with f\Jational Flood Insurance Program (NFlP). .requirements, new home construction results in elevated, taller structures; There is concern that the new, large, elevated homes may restrict views and create a more crowded look to the neighbor-hood. Appendix E lists the grouped weaknesses of Island Estates. This list is ranked with the most important issues first. The main categories are underlined, and specific issues fall under each main category. 16 Goals and Objectives The . following goca,lsa,nd objectives were developed by the neighborhood through examination of its strengths and weaknesses and through determination of the neighborhood's priorities. The goals and objectives provide strategies for the neighborhood to emphasize the strengths and to minimize the weaknesses. Neighborhood Amenities 1. Goal: To. continue to enhance the neighborhoo'd amenities that make IsI(JndEstQt~s appealing and attractive to its residents, property owners and businesses. Q. Objective: Continue to support and promote holiday and neighborhood events. b.Objective: Continue to support local businesses on the island by remaining business friendly and maintain commercial visibility. c. Objective: Continue to support and promote neighborhood organizations, including the Island Estates Civic Association and the Island Estates Women's Club. d. Objective: Continue to support and promote the Clearwater Marine Aquarium as a positive amenity on Island Estates. e. Objective: Continue to support Neighborhood Watch on Island Estates. Waterfront and CQnal~! 2. Goal: To maintain safety, views, access, and water quality along the Island Estates waterfront. 17 a. Objective: Preserve water views by restricting the heights of fences and structures in the waterfront yard and by maintaining established side building setbacks, rear building setbacks and site triangles. b. Objective: Restrict the docking of cc,mmercial boats and the storage of commercial fishing and/or crabbing equipment on residential waterfront property in order to preserve the residential character of those areas. c. Objective: Require structurally damag1ed seawalls~ docks~ and pilings to be repaired in Q reasonable amount of time. d. Objective: Improve water quality in canals by mitigating the occurrence ofshoaling and iliegal dumping in canals. e. Objective: Obtain a safer boating environment by maintaining and enforcing minimum wake zones in the vicinity of Island Estates. f. Objective: Mitigate the noise output from commercial boats, as it becomes a nuisance for the neighborhood. Traffic and Street Use 3. . Goa/: To maintain pedestrian and vehicular sanety in all public rights-of- way on Is/and Estates. a. Objective: Instali sidewalks and bike paths where they do not exist. b. Objective: Maintain pedestrian crosswalks adjacent to shopping areas and pursue future opportunities to increase pedestrian safety at intersections along Island Way. c. Objective: Research traffic calming along Island Way - especially at the intersections of Island Way with 'vVindwardl Passage and with DClry Passage. 18 d. Objective: Maintain and repair roads so they are in a safe and 5Jood condition. e. Objective: Increase enforcement of speE~d limits. f. Objective: Maintain sidewalks in good condition in order to preserve a safe pedestria,n atmosphere and to promote .0 consistent appearance along neighborhood rights..of-ways. Neighborhood · Appearance and. Mai ntenance 4. Goal: To maintain improve, and promote high standards of property maintenance! on public and private property on Island Estates in order to en$vre an attractive neighborhood appearance. a. Objective: Maintain existing height limitations for all fences. b. Objective: Enforce existing zoning in order to prevent commercial uses in residential areas. c. Objective: Continue good communication with the City of (:Iearwater Community Response Team. d. Objective: Require elevated pools to be in compliance with setbacks established for principal structures in order to prevent the blocking of views, to maintain openness in rear setbacks, to preserve consistent appearance in waterfront yards and to control building bulk. e. Objective: Prohibit front yard fences in order to prevent a cluttered look and to preserve a consistet'1lt open appearance throughout the neighborhood. f. Objective: Prohibit new gravel, rock or cinder yards in order to maintain a landscaped appearance throughout the neighborhood, as well as ensure proper drainage within the neighborhood. 19 g. ObjectivE~: Maintain certain percenta~,e of vegetated landscapir~g in front yards in order to preserve a landscdpE~d appearance throughout the neighborhood. h. ObjectivE~: Continue to promote the high standards f(~r landscaping at the Island Estates entryway and inc~1I medians by supporting the Island Estates Civic Association's landscaping program and bypromotirlg continued participation in adopt-a-median and adopt- a-cul-de-sac programs. I. Objective: Develop a landscaping plan for the medians alorl9 Islahd Way in order to maintain a consisten't, appealing appearance. j. Objective: Promote environmentally friendly landscaping by educating and informing residents of varioLls landscaping options that include ideas such as usir~g native plants or xeriscaping. k. Obje~tive: Promote a safer, cleaner neighborhood by educatirlg residents about responsible pet ownership in order to reduce the incidence of unleashed pets and lack c>f pet cleanup. I. ObjectivE~: Promote the screening of all mechanical equipmenlt, dumpsters and trash containers from publicrights-of- way, adjacent property and the waterfront. m. ObjectivE~: Promote the enforcemerlt of the prohibition ()f parking on grassy medians and cul-de-sacs. n. ObjectivE~: Prohibit all types of vehicles from parking on lawlns and other landscaped area~). o. ObjectivE~: Prohibit permanent parking of boats, trailers alhd recreational vehicles outside of garages. 20 Character of Rede,~lopment 5. Goal: To ensur4~ that development and redev~~/opment is compatible with the chartu:ter and scale of surrounding properties to promote h~rh property values, a good quality of life, and consistent and oppealiJ~g appearances throughout the neighborho'od a. ObjectivE~: Establish minimum lot sizes consistent with the dee~d restriction. b.Objective: Establish setback requirements consistent with dee~d restrictions. c. Objective: Maintain current city regulations on home heights. d. Objective: Preserve. si ngte-fami ty character in the Low Medium Density. Residential areas by prohibiting the rezonirlg of this. property to multi-family use. e. Objettive: Development and redevelopment must be consiste.~t with the goals and objectives of the Island EstatE~s Neighborhood Plan. Utilities and . Infrastructure 6. Gcal: To mainttlin andimprove existing public utilities in order to protect neighborhood aesthetics and safety. .0. ObjectivE~: Improve maintenance of drains to prevent on-strelet flooding. b. ObjectivE~: Relocate any existing overhead utility linles underground. c. ObjectivE~: Landscape around abovegr1ound utilities untH they Clan be relocated underground. 21 d. Objective; Repair any utility poles that are not well maintained or in good condition. e. Objective: Develop a strategy to ensur'e an adequate supply of reclaimed water for future needs. Minimum Rental Periods 7. Goal: To minimize the disruption associated with short-term rentals in the single-famtly areas of Is/and Estates. a. Objective: Establish a minimum rental period for single-family homes to ensure that single-fami,ly homes are not being operated as transient accommodations. b. Objective; Prevent the proliferation of real estate signs by encouraging the timely removal of such signs once properties are rented or sold!. 22 Implementation Implementation of the goals and objectives induded in this neighborhood plan con only be achieved through the cooperative efforts of the City and the neighborhood. Many objectives focus on property issues and can be achieved by the establishment of City development standards geared to implement certain elements of the plan. Others can only be attained through the work o'f the neighborhood. Development Standards At the fourth neighborhood meeting participants reviewed and ranked alisit of potential develo'pment standards. The steering committee conducted a detailedevaluotion of the ranking and determined that the highest-rankif1lg iterns would be the. basis for the NCOD development standards. The lowe~~t ranking items welre excluded because they were deemed to bencft significant. Appendix B shows the ballot for ranking. Appendix C shows the results from thee>,ercise. Code Section4-608.D.4 requires that the owners of real property in the proposed NeOD vote on each development standard proposed to be included in the overlay district regulations. The vote is a non-binding vote thclt provides the CQmmission with information regarding neighborhood support cH proposed stand(1rd~.. One owner for. each real property in the Island Estates NeOD boundary W(~s mailed o ballot on March 13, 2002. It included 23 line items proposing to regulate permitted uses, dimensional requirements, fences, landscaping, outdoor storage of fishing equipment, parking, the rental of single-family dwellings and the process for requesting deviations from the proposE~d standards. Ballot:s had to be returned to the City or postmarked by Apr~il 5th. Nearly 66% of "the ballots (421) were returned and tallied at City Hall. The Code further. requires that each proposed development standar-d receiving 51 % of the votes cast be forwardd~d to the Commission fc)r consideration. FifirE~en of the 23 ballot items received 51% or more of the votes cast. The ballot package and the ballot tally are included in Appendix f. 23 The text amendme:rlt ordinance submitted to the City Commissiorn creatir~g the Island Estates Neighborhood Conservation Overlay District includE~d only the 15 items that received at least 51'ro ()r more of the votes cast. Upon review of the, ordinance, the Commission amended it on first reading to excludeseveraJ prcwisionsregulating the multi-family areas. Ballot item 1:2, which required certain vehicles to be parked behind the principal structur~e and item 20, which required 25% of the front yard to be landscaped wer~e deleted to. achieve consistency of regulations in the multi-family and singl.e- family areas. The City Commission approved the following development standards for the Island Estatesi NCOD. The adopting. ordinance is in located in Appendix lG. Regulations wiUapply to the single-family, multi-family and institutional areas. Map 4 delineates these areas of the Island Estates NCOD. Singl.e- family .areos:includeproperties that are zoned Low Medium Density Residential (LMDR).Multi-family areas include properties within the NCOID boundary that are zoned Medium Density Residential (MDR),Medium Hi~,h Density Residentiall (MHDR), . High. Density Residential' (HDR) and Commerdlll (C). The institutional area is zoned Institutional (I). Permifted.Uses In single-family areas, permitted uses shall be restricted to singl.e- family dwellings (including community reSidential homes with up to 6 residents) and infrastructure/utility installations. In multi-family and institutional areas, permitted uses shall remaiin consistent with the current City of Clearwater Community Development Code. Minimum Lot Size In single-family areas, minimum lot size shall be 7,500 square feet. In all other areas, the minimum lot size shall remain consistent with the current City of Clearwater Community Development Code. 24 Building Setbacks In single-famU~f areas, building setbacks for principal structures shaU be: Front setback: Side setback: Reor setback: 25 feet 7.5 feet 15 feet (non-waterfront) 25 feet (water'front) If adjac~n1! structures on either side of the lot are! setback 20 feet, then the minimum rearl setback shall be 20 feet. In .single-family areas, setbacks for accessory structures, includingl screenpoolendosures shall be: Rear setback: 10 feet Any pool exceeding 1 foot in height above grade shall comply with thE~ requiredrearsetbc1ck for the principal structure. Inmultiifam,Hy.and institutional areas, building and Qccesso~r setbacks~haUremain consistent with the current City of Clearwater~ Community De:velopment Code. Building Height In single...famHy areas, building height shall be limited to 30 fee1~ above base flood elevation. In multi-family areas, building height shall remain consistent with thE~ current City of Clearwater Community Development Code. Parking on Private Property In the single-family and multi-family areas, parking on landscapin~, sha.ll be prohibited. 25 Ma.p4 Island Estates NeOD Areas Cli~tlrwtlter :lIil rlitN' Sini~le-family Area LJ Multi-family Area _ Institutional Area r. Clearwater JIll ,.601' To Memorial Causeway JL ,~..~ ~, 26 Fences In single-family and multi-family areas, ferlces shall not exce..ed 6 feE~t in height between any portion of the principal structure and any side lot line. All fences bE~tween the rear building setback line and the seawall shed! be non-opaque (see-through.) Landscaping Through()utthe Island Estates NCOD, the use of gravel, stones, cinders(1nd other similar material in any yard shall be 1ProhibitE~d unless included as an integral, but minor, element of a landscaping plan. Outdoor. Storage In the single-family and multi-family areas the storage of commerciiol fishing Q"d crabbing .equipment shall be prohibited. Deviations from the NCOD. Requirements Flexible. standard and flexible development uses are permitted in the singI4~- family areaS ,of the NeOD.Deviations are generally based on flexibility ranges eStablished in the current. code provisions. Changes in, rangeswel~e made to reflect the increase in the minimum Ilot size and side yard setbaclk. A criterion. w'Qsadded to each flexible standard and flexible developmelht use that requires any application for flexibility to be consistent with tJ,e Island Estates Neighborhood Plan. In the multi-family and institutional areas, the underlying zonir\g provisions shall. regulate flexible standard and flexible developmel~t uses. All new constructic~rl must comply with the overlay district provisions. Alhy existing legally per.mitted use, lot size, setback, building height, and fen(;e will be considered a legal nonconforming use and may continue to exist a,~d be maintained as alle)wed by the Clearwater Community Development Code. 27 Any vehicle parked in violation of the standards E~stablished in the overlay district (parked on I!oindscaping in single-family and multi-family areas) and any commercial fiShirl9 and crabbing equipment stored in violatiofl of the standards (stored outdoors on residential property) shall not be considered legal nonconformiing (lnd must comply with the overlay district requirements. Neighborhood Requir!ements According to the City of Clearwater Community Development Code S4-608, the designated neighborhood shall serve as a partner with the City in implementing theNCOD provisions. Therefore, Island Estates is required to: 1. Educate: neighborhood property owners of the requirements of the . o.verlay, district at least two times a year through neighbolrhood association meetings and mailings or any other methods approved by the Community Development Coordinator; and 2. Provide the initial means of enforcement for any violation of the requirements of the overlay district. If compliance cannot be gained by the neighborhood, the City shall commence code enforcement efforts. In order to meet the education requirement, the Island Estates Civic Association (IECA) will provide information regarding the NCOD at the annual civic association meeting and in at least one annual issue of the IeCA newsletter. Upon initial adoption of this neighborhood plan and the Island Estates NeOD development regulations, a copy of the NCOD provisions will be provided to each property owner, which includes generally single-family households and condominium associations. In addition, these provisions will' be provided to such new owners as property ownership transfers. The IECA shall also, be responsible for providing the initial means of enforcement of the dlevelopment standards created by the NeOD. In the: event a violation of the development standards occurs, the IECA shall use 28 the following pr(lfc:edures to gain compliance. Even though individual situations may dif1:er and require some deviations, the usual procedures sh(~1I be as follows: . If a violation is identified, a correction notice (Le. door hanger, post card or ,Jett,er) shall be left on the property identifying the violatilon Qndnoti~g that Q re-inspection will be conducted in ten (10) days to determr.'1e if: icompliance has been achieved. . If in that time period compliance is not achieved, a code violaticon letterwHI be issued giving a specific amount of time to comply, but in no case more than ten (10) days. . If compliance is not gained after the time period allotted in the code violation letter, the violation shall be reported to the City Community Response Team for immediate action. . All activity after this point. shall be consistent with the code enfo.rcel!l\ent procedures in effect for the City Community Respon~se Team. The development standards implemented in the Island Estates NCOD shl~1I be in effect as long as the IECA provides the required neighborho(~d education and enflorcement. In the event the IECA does not perform its required funcfion,Q rezoning would be initiated by the City to eliminate tine Island. Estates. NeOD. If the neighborhocod wants to amend the overlay requirements or decides it no longer wants designation as an overlay district, the City will process a request to amend or remove the Island Estates NCOD by a petition of owners of 60% of the real property within the NCOD. In the event the provisions of the Island Estates NCOD results in sustained extraordinairy increases in the level of service provided by the City of Clearwater, the Ciity and the neighborhoiod will need to evaluate the provisions of the NCOD and determine the mo:st appropriate means of providing this increased level of service or whether' the service should be continued. 29 Neighborhood Strate;Sties and Activities In addition to education and enforcement, the Island Estates Civic Association shall: pur'sue activities to implement the goals and objectives established in 'this Plcim that are not related to deve:lopment standards. The IECA has astrclng civic and organizational foundation to work from in ordertoimplem~nt the goals and objectives. There are currently sixteen (16) board members: and several committees wi1'hin the IECA. Of the sixteen board members, nine of them are dedicated to special projects or certain issues affecting Island Estates. These specific issues include: · Neighborho1od Crime Watch · Maritime issues · Membership · Social coordination · Publicity, newsletters, and communication · Beautificatlion · Code and deed restrictions · Business liaison · Holiday ligHting Most of the objectives in this plan can be addressed through these board members or through committees organized by these board members. The following strategies should address many of those items requiring neighborhood action. The IECA shall: · Continue to prcwide and promote holiday and neighborhood events. · Continue to involve local businesses and the Clearwater Aquarium in neighborhood Ewents. · Continue to de:velop strategies to increase neighborhood involvement in the IECA. . Continue to expand the current landscaping programs in order to install landscaping on the medians along Island Way, to develop a landscaping pilon for Island Way and to promote environmentally friendly landscaping. 30 · Address and implement the objectives for Waterfront and Cana{s through the Maritime board member arid any special committeE~s deemed nece:ssary. · Improve communication with the City Public Works Department iin order that ~;ervices such as good drainage and access to reclaimed water CO" be: maintained in high standards. · Establishneiighborhood education programs to provide information 1ro residents on issues such as general proper1y maintenance, landscapin~9, and xeriscaping. Speakers from the City of Clearwater and Pinellc.s County Cooperative Extension Services could provide residents wiirh information on these types of topics. · Develop new programs to increase neighborhood involvement in the Neighborhood Watch and improve communication between block captains and residents. · Work withC:ity to gain the installation of sidewalks where necessary, as well as traffic calming solutions for the intersections of Isla"ld Way with Windward Passage and with Dory Passage. · Work with the City Police Department and other authorities to attain better enforcement of speed limits on streets and within the waterways. · Work with property owners and the City to gain the voluntar~ screening of existing unenclosed dumpsters. · Maintain good communication with Community Response Team. . Obtain information regarding leash law and pet clean-up requirements and dissemirlote to the neighborhood through newsletters or ott-uer public information pieces. . Continue to' increase neighborhood involvement through active community building by the Civic Association. 31 · Revisit the possibility of placing the overhead utility linels underground. · Establish cornmittee to initiate evaluation of the Plan and the NCOID develop..ntstondards every two years after adoption and prepare a written~epolrt to present to the Planning Department, City Manageir and.. City. Commission. 32 Conclusion The development of the Island Estates Neighborhood Plan is evidence of thE~ neighborhood's desire to maintain existing nei!~hborhood standards an(~ qucdity of life. This special area pion provides a bCllsis for the implementatjol~ o.f the Island .Estates Neighborhood Conservation Overlay District in thE~ Clearwater COMmunity Development Code and Zoning Atlas. ThE~ development,regula~ions set forth in this document should protect thE~ existingneighbt)rho!od cha.racterand should ensure that redevelopment i~~ consistent in t~atcharacter. Many issues identified in the Plan requjrE~ neighborhoodi~vohrement and action; and cannot be addressed througt~ de~lopmentreguIQtions. Thus, neighborhood organization and participatiol~ is key to the implementation of the Island Estates Neighborhood Plan. 33 34 Appendices 35 36 Appendix A - Island Estates Neighborhood Co~~rvation Overlay District Desigtraation and Planning Process CICllendar April 19, 2001 .. City_Commission approval City Commissionapptroved petition of neighborhood to commence the NCOD designation process for Island Estates. Based on rleighborhood input, the City Commissionopp:>inted a Neighborhood Conservation Study Committee made up of a chai rmlCln , six members, and four alternate members. Aprit25 ,2001 - Staff and Study Committee meeting Preliminary meeting to discuss the City Commission approval and the next stepsi n the process. June25,2001-Staffand Study Committee meeting Introductions and overview of planning process and committee expectations. July'16..Z001-.Staffand.Study Committee meeting Discussed expansion of NCOD boundaries to include all multi-family areas and discussed public meeting schedules. July 30.2001 - Staff and StudvCommittee meeting Discussed expansion of NCOD boundaries to include certain townhouse areasl and adopted committee . Rules .and Procedures. August 14. 2001- Staff and Study Committee meeting Discussed exponsionof NCOD boundaries to include certain townhouse areas, finalized planning schedule, and announced websites. August 27. 2001 - Staff and Study Committee meeti ng Discussed voting prc.tocol, discussed invitations to the first public meeting, and distributed committee handbooks. September 6. 2001 ':' Commission Meeting City Commissionapplr1oved petition of neighborhood to expand the boundary of the Island Estate:s; NCOID to include aU residential and institutional property in the neiglhborhood. 37 September 25-< 2001 - Neighborhood Planning Meetif\g #1 Described purpose of I~ICOD and Neighborhood Planning Process, discussed the benefits of the NCOD for Island Estates, and identified neighbor'hood strengths and wea:kn~.!.es in small groups. October 3, 2001-.Staff and Study Committee meeting Consolidated strength:sand weaknesses into acombil1ed list and prepared methods,. materials, and format for next Neighborhood Planning Meeting. October 10, 2001-Ne~i9hborhood Planning Meeting #2 Presentedandrevlewedstrengths and weaknesses and prioritized using dot voting. October 16. 2001- St(lff and Study Committee meeting [)iscussednominationsfor new study committee members, reviewed results of the ranking exercise, and prepared them to be categorized by City staff. October 24. 2001- Neighborhood Planning Meeting #3 Developed goals and objectives in small groups. November!. 2001- City Commission New members added to the Study Committee. November 6.2001.- Staff and Study Committee meeting Held first meeting with new committee members, reviewed goals and objectives, and determined items that would qualify as development standards. f'Jovember 14.2001- Neighborhood Planning Meeting #4 Presented condensed liistof goals and objectives to neighborhood and facilitated ranking exe~rcise to determine priorities 1:or objectives and! development standard!t November 28, 2001 - ~~taff and Study Committee me..eting Reviewed and organized neighborhood objectives. 38 December 5. Zoot- Staff and Study Committee, Discussed the pr1oposed development standardls and compared to currl~nt City code. and neighborhood deed restrictions. December 12.20011 - Neighborhood Planning MeE~ting #5 Presented thetpote.ntial development regulations: to the neighborhood and opened for discussion. January 16.2002 ...-Staffand Study Committee Meeting Discussed th~ first draft of the plan and worked on language for the developmentsrtan4ards. January 23.. 2002- Staff and Study Committee Meeting Reviewed draft plan for finalization, finalized language for developm.ent standards, and determi.ned neighborhood implementation activities. January 28. 2002-Sta.ffand Study Committee Meeting Finalized .rev~ew. of draft plan, finalized neighborhood implementat'ion strategies, prepar'e:d document for public disbursement. Fe.bruary6. 2002.- Neighborhood Meeting #6 Presented.findt draft plan and development regulations to the neighborhoc,d. February 27. 200t~ -.Neighborhood Meeting #7/ Final Meeting Final review of plan, presented draft ballot to ne.ighborhood and discussed voting procedure. March 13. 2002 -Ballots Mailed toProper1y Owners Ballots mailed to olwners of real property within proposed NCOD boundariEes. April 25. 2002 -Bgllots Tallied by City Staff The Clearwater Plc:ulning.and City Clerk Departments tallied returned ballolts. May t 2002 - Staff and Study Committee Meeting Presented ballot r,esults to study committee members. 39 MayB.2002 ~ St4g:ff and Study Committee Meeting Discussed prqpos4~d text amendments based on ballot results, staff recommendations. and presentation for Community Development Board Meeting. June 18. 2002 - C~mmunityDevelopment Board Meeting IslandEstat~NeighborhoodPIQn, text amendments andrezoningrevie,~ed by the City o~CI~rwater Community Development Board. July25.2002-S!taff and Study Committee Meeting DiScu.SSedou~corne.ofCommunity Development Board and prepared for City ComrniSsi()nm~eting. July 8. 2002...,. City Commission Meetin-9 IslandEsfQt~Neighborhood. Conservation Overlay District developmlent .st, a..nd,.,a. rds .000.. re..zoning:approvedon.: first reading pursuant to Ordinaince ><':< ......... ".J. :": '. ..... ..', ......... ..... ..... .... " . '. . ....... ........ '. ", . . .,' . . . . . " . ~rnbers69tJl-02and 6980-02. ,The neighborhood plan was deferredl so changes coulcJbeimade to reflect the ordinance that was approved on. 1st regding. AUgUst22.2~2 -City Commission Meeting TheCI~rwat~ . City Commission adopted Ordinance Numbers 69.81-02 and 69.80...02est~blishingthe Island Estates Neighborhood Conservation Ove.rlay District andrezo~ing. The effective date of the ordinances is Septembelr9, 2002. September 19.2002 - City Commission Meeting City Commission approved the Island Estates Neighborhood Plan by adopting Resolution 02-23. 40 Appendix B -Rank:ing Ballot - Used at Public l~eeting #4, Nov. 14, 2CK>1 - ~f iC' z . ~.::. o::W 0::) 0....1 :E...~ Objectives - RE-DEVElOPMENT: - Maima.inUrnits on home heights to present city code Objective: Maintain 30% green space of total lot area ProhitJ)it re~~oningsingle family homes to multi-family -- Prohibit subdividing plats .. HOUSINg .&.PROPERTY J ProhiDit dE~tached outbuilding on residential single-family lots Prohibitfr<)nt yard fences , Require Ale units to be buffered or shielded with vegetation .. Cleanup parking lot & dumpsters EnforCe pet cleanup ",' , Enfo~ zoning in order to mitigate commercial uses in residential areas -- Establish minimum single family rental periods Maintain. existing height limitations for all fencing and landscaping Prohibit ch;ain link fences Prohibit future shingle roofs Prohibit new gravel yards -~ Prohibit parking on lawns - I Require AlG units and dumpsters not be visible from street 41 - ~.iO z I c.::. ~..LLI ":;, 0,."" Q. I~ Objectives HOUSING&.PROPERTY Requi~e on~~frontentrance per house Restrict trailer parking in the front yard WATERfRONT Address dock size restrictions --- AlIow.only see through fences Establish standard setback for new pools and all vertical structures Establish standard waterfront setbacks Maintain welter views Objective:' .t~low covered slips , Regulate commercial boats docked parked on waterfront property Structurally damaged sea wall/docks should be repaired in a reasonable TRAFFIC & PARKING Limit .RV's emdboats short time (24 hrs.) for parking on street and in driveways Limit on stn~et parking Prohibit park~ng on grassy medians and cui de sacs -- , Prohibit permanent parking of boatsltrailers outside of garage Restrict ove~might commercial vehicle parking. -- 42 Appendix C - Ranked items for development standards Generally issues with fewer tha'n 200 points were regarded as not significar~t to the neighborhood. - Total Average Number of NUrlnber of Ranking Ranking Votes VOt41!S !votes Vote per Oto 2 3tOi5 Items Ballot Prohibit rezoning. single family homes to multi- 290 4.68 3 59 family Prohibit subdividing plats 277 4.47 is 56 Prohibit parking Ofl'lawnS 277 4.47 7 55 Mainta.in water views 271 4.37 6 56 - ~estric:..trailerparking .in the front.yard 261 4.31 6 56 ~tructurally damaged sea wall/docksshould be 261 4.21 7 55 repaired i.n 6,0 days , ~intainexisting height limitations for all fencing 260 4.19 6 56 Iand..land$C8ping Establish standard. waterfront . setbacks 258 4.16 10 52 Maintain limits on. "orne. heights to present city 251 4.05 12 50 ~ode , Prohibit front yard! fenc;es 250 4.03 10 52 prohibit .newgrav~1 yards 248 4.00 11 51 Enforce zoning in ()rder to mitigate commercial 247 3.98 12 50 uses. in residential: areaiS EsJablish. standard setback for new pools and all 246 3.97 11 51 vertical structures Restrict ovemightcommercial vehicle parking. 245 3.95 15 47 Enforce pet cleanup 244 3.94 11 51 Cleanup parking lot & dumpstell"S 243 3.92 11 51 Prohibit parking on grassy medians and cui de 241 3.89 13 49 ~cs - Prohibit pennanent parking of boatsltrailers 233 3.76 15 41 outside of garage 43 --.......- Total Average Number of Nurnber of Ranking Ranking Votes Vot,~s Votes Vote per Oto 2 3. telf 5 Items Ballot Establish minimum single family rental periods 230 3.71 15 47 Objective:. Mainta~n. 30~. green. space of total lot 224 3.61 16 46 ~...a UmitRV'sandboats short time (24hrs.) for 222 3.58 16 46 parfdngon street and i,n driveways Require AlC unitsiand dumpsters not be visible 220 3.55 16 46 'romstreet Regulate.commercial boats docked parked. on 217' 3.50 17 45 _terfront property Require AlC.unitslto bc~ buffered or shielded with 213 3.44 17 45 ~getation Require onefronti.entrance per house 210 3.39 20 42 Address dock size restrictions 203 3.27 21 41 Limit onstreetpaHdng 1911 3.08 23 39 Allow only see througlr\fences 191 3.08 24 38 Prohibit detached outbuilding on residential 189 3.05 23 39 singte..family lots Prohibit chain linkfem:es 169 2.73 31 31 Allow covered slips 141 2.37 32 30 Prohibit future shingle! roofs 102 1.65 42 20 44 Appendix () - 6roulpld Strengths The following lists the grouped strengths of Island Estates, This list is rank4ed with the most importcJnt issues first. The main categories are underlined, and the assets fall under each mainc:ategory. Nei9hborhoodAtneriities Quality and avai~bility of services suchQS groc4ry, gas station, store, bank and.park Holiday lighting~dt~vents, including boat.parade Public transport~iorl, including. Jolly Troll4Y St. Brendan's Church Community safety Restaurant and bars on island, including Islcand Wert Grill Island Estates Civic Association Sunset Sam Park ClearWa'terMarine Aiquarium Island Estates Wom~'s club Ability to walk o,n Island Estates Island Estates Yach't . Club Boat yard Access to rec~ior'opportunities on Causeway Not'being in overlay district Island Estates is fine as it is Current maximum build out allowed Island Estates is unique and prospering Flexibility of zoning Property Maintenance Well-maintained property Eliminating unkempt homes Updating. properties Beautiful properties Looks better and newer Reclaimed water On-street parking-cars only Waterfront Mostly residential waterfront community Water view Waterfront homes Boating eommunity New money and iincr4~ed interest in neighborhood Increase in proper't), values All waterfront prop4~I'"ties Access to water Allowed to have mul,tiDle boats on , docks Deep water in canal~i 45 46 Appendix E - Gr'OUped Weaknesses The following Hst~$ the grouped weaknesses of Island Estates. This list isrCllnked with the most imiportOf1t issues first. The main catf'..gories are uI1derl ined 'I and specific issues fall under each main category f::andscaping &Yar~ Maintenance Gravel yards Poor ,yardmaitrtenonce Chain link fen~es Exposeddu"'~stus/trashcans on rental ancJ.i (OneJomi nium properties Lock of street.. tre.esin right-of-way LandScapingt>lockijng. view PeoplenotcontroUing, animals Use of 9rass~n neighborhood wastes water and ipollutes bay Useofpotabl, wa'hw for lawns TefJ\porary signso!nlandscaping (real estate, ga~age, sale) GQrbageeans lOut whei'l it is not garbage dQy Lack. of'istr~tscape throughout Island Yard debris piles 1)laced in roadway inste(id ofi on. property Playgroundiequipmient in, front yard Utter (netNspaper:~) Parking and Traffic Parking ofcommer~c:ial vehicles 'in front yard and on street Parking ofca"$/bc~s/RV's on lawns & driveways ,looks cluttered On-street parking' Large number of (~S parked in driveway Parking in cul-de-s~cs.and medians ~rous interse,ctions Speeding traffic Turning lane into Island Estates oiffen bl,ocked by traffic Abov.~round utilities Canal Use and Maintenance Restr'icted water flow Contaminates dumped in canal (gr(~SS clippings, gas spillage) Shoaling under bridge Airboat noise Boatliftcovers block view Speeding on canals No wake zone needs extending & enforcement Damaged or deteriorated docks alhd seawalls Dock covers are not allowed Lack lof public docks Charclcter of Redevelopment Too many variances on setbacks No minimum lot sizel could crowd houses Wate.rfront setback requirement:s are not maintained Losing waterfront yards Con ruin views/tall buildings Fences on waterfront Sheds in rear Houses too large 47 48 Appendix F - Ballot Package and Ballot Tally March 13,20102 Dear Island Estates Property Owner, In May 200 I ,the Island Estates neighborhood began planning for a Neighborhood ConservatilDn Overlay District (NCOD). The purpose of the NCOD is to preserve and enhance the character of the neighborhood. and ensure that any new development is consistent with the existing characl~r of Island Estates. Through a series of public meetings, the residents of Island Estates developed a neighborhood plan as 'well asa list of development and property maintenance regulations designed to protect thehealt14safety, welfare and quality of life of the neighborhood. One of the final steps in the Island Estates NCODplanning process is a neighborhood poll to detennine.theproposeddevelopment and property maintenance regulations. The results of the vote will be provided to the Community Development Board and the City Commission for consideration when reviewing the proposed regulations. Development standards with support of atleast fifty-one (51) percent of the. votes cast will be forwarded for consideration. Please refer to the enclosed "Comparison of Proposed Island Estates NCOD Regulations and the Oty Development Code" forinformation about the proposed changes. Any existing legally permitted use, lot size, setback. building height, fence. landscaping and any existing mechanical equipmel"lt, dumpster or trash ~ontainers.not screened in accordance with the development standards in t.he overlay . district will be.. considered a legal nonconformity and may continue to exist and.lJe maintained as allowed by the Clearwater Community Development Code. Enclosed with this letter you . will find: 1. A reference map distinguishing the single-family areas from the multi-family areas (p. ~n; 2. Atable comparing the proposed regulations to the existing City Community Developn~ent Code (pp.34); 3. A two-sided baUot with proposed development regulations on which to vote (pp. 5-(5); and 4. A self-addressed~ postage-paid envelope for ballot return. Ballots are being sent to property owners of each real property as listed on the Propelrty Appraiser's tax roll. On~ vote per property will be tallied. This is a line-item vote and each it(;~m will be tallied separately. Vote either "FOR" or "AGAINST" in response to each issue. Make a mark in the box directly below the choice you have selected. The most appropriate marks would be an "'X," a check mark or filling in of the box. Appropriate examples: ~ ~.I Votes must be marked clearly. Ifvotes are not marked clearly or if there are marks in more than one box for each issue, no vote will be tallied for that item. If an item is left unanswered on a ballot, no vote will be tallied for that item, but all other eligible marked votes will he counted for that ballot. Place the completed ballot in the enclosed self-addressed, postage-paid envelope labelled "ISLAND ESTATES BALLOT." Seal the envelope and mail it to the City of Clearwater Planning Department. Ballots returned that are not enclosed in this provided envelope will not be counted. No copies of ballots will be accepted. The ballot must be returned or postmark-led on or before April 5, 2002. 49 The results will be available on May 1, 2002. Please contact the City of Clcaf\'Vatcr Pl.uming Department at 727-562...4539 or look online at ''http://vvww.clearwater-fl.com'' for results, Please direct questions to Lochen Wood, Planner, at 727-562-4539 or Gina Clayton, Long Range Planning Manager, at 727-562-4587. Thank you for your participation in the Island Estates Neighborhood Plan. Sincerely, City of CleaIWater, Planning Department Island Estates NeOD Residental Areas c=J - L-1 Multi-family Areas Single-family Areas Not in NeOD To Memorial Causeway N W+E s 50 "..~(:o;\i"A'RISO,\f:OF'jiiiO"oSi:i)i:~iAND .:'~'r.\ns NCOn R.:CULATIONS & THE CITY DEVELOPMENT CODE: AII)'ell.Ulltletllllll:' Pffmlll~l' 1I1K', lot .W. "lllnk, buUdinlll b~lll:hl. fenrt, lindscapinlt Rnd any existing mechanical equipment, dumpllter or ItIUl't(1tntall1m nOt Krctried In accordallft "Itlllhe developlllelll shmdards set fortb in the Iwerla)' district will be considered a ieglll ~,~~!~~:"dlll~)' tont~~e t<<!.,ulU Ind be _l.tailled 1.IUnwed b)'lhe Clearwater Community DenloJ>llu!Dt Code. raorosKI> NeOn REGULATIONS EXISTING CITY CODE !REGULATIONS Single-family dwellings (including community I'l:$idcntial homes ",ilh up to 6 I'l:$idcnts), utilityI' infrastructure facilities, attached d.....ellings, schools, non-residential off-street parking, an'~ ks and recreation facilities. >>alklf lIem I - Permitted U.iC$ for Single FIlluly ArI1ll$ aallt)t lieU! 1 - Minimum Lc;i Sile for, Sinllle Familt Areas.... Building Setbacks for'Single. titlnil Arc."lt$ Ballot Item 3 .-lFront B,allot lCem 4 - Side ' Balklf Item 5 - Rnr Ballot Itelll 6- Side Ballot IIml7 . Rear Ballot 1tm18.. EIcva1ied Pools Ballot ieI'm 11 -Parking of Certain Vehicles for Single- family Areas BaJlot Item 12- Par!<ililg of Cerlain Vehicles for Multi- family Areas Sillgle-family dwellings (induding cOJnlnunity residential homcs wilh up 10 6 resid,CIlts) lInd ulilily/inf1'3struelure facilities. 7,500 sf 5,000 sf 25' 7.5' non-watedront - IS' Walerfront - 25' - if adjacent structures are set at 20',then uired setback is 20', (includin I enclosures) 7.5' ]0' Any pool exC<<ding \' in height above grade shall comply with the required rear setback for the Same requirement - through policy rind alstructure. 25' S' nOli-waterfront - IS' waterfront -2;5' . if adjacent structures are set ;~t 20" then re uired sctback is 20', S' 10' 30' above the base flood elevation Parking on any landscaped area shall. be rohibited. Allows 1 car to be parked on la\"TI next to drivewa . All boalS, pelWilal watercraft, recn:alionvclJicles, BoalS in Cl(ceS$ of20 ft, DIIUling trailers, recreatlon,al tl1liler.s, commercial vehicles, race cars, dune buggics, veIIi<eles. tra\Vel trailers, motor homes, clImping traiilers. farmeql1ipment, go karts, A TV's or other similllT semi-trailer trucks, any commercial \Vehide (in excess \'chiclcs.shllll be required 10 be I)llrked ilia ~e The of20 tl length. 7 ft width. or seven fl heigh!), race lta1$, temporary parking of $Uch vehicles outside ofa garage dune buggieS, farm equipment, go kart:;, ATVs, or shall be permitted for no more than four (") other similar vehicles shall not be parked within lIfI[i'. cORsecutive days no more than twice a month. required fro~ Commercial vehicles dllfinJ' the Cotmnereial vehicles may be parked outside of garage actual perfomllUJ(;e of a service al the premises is if onsite to actively conduc:t bllSilless 011 the premises. allowed. Loading/unloadingl cleaning of vchicles Porkl'rtg ojpeJ'$()Jlal autfJltlooiles and 1ItOttJ1Y:)'CIes allowed provided completed with 6 hours twice a sholl be permitted outride of the garage in a driveway. month. All boats, personal walercraft, recrealion vehides, In!ilcrs,conmlercial vehicles, race ear$, dune buggies, farm equipment, go klll1S, A TV's or otMr similar BoalS in el(cess of 20 ft, hauling trailers, recreational vehicles shall be prohibited 10 be 1'1Ifked betwC\..'n any 'vehicles, lJavellrailers, IlKllOr homes, camping trailers, portion oftM princi!)81 struc!ure and I1nyrillhl.of-WllY 'semi-lrllilcr trucks,my oomrnercial. "ehide (in ellCIe5S Jin!:. The temporary parking Qr such vehicle$ within ono It Ienglh. 7 It width, or seven It height), race (:ars. !he front setback shall be permilted for no more than dune bllggies, farm equipment, go karts, A TVs, or four (4 )oonseeutive days. no more than twice II month. othef similar vehicles shall not be Darked with illlll!Y Commercial vehicles may be parted between any reauired front setback Commercial ,,-ehicles durinl~ the ponioll of the principal strUcture and any right-of.way actual performance of a service al the premises is line, if onsitc 10 actively conduct busilless 011 the allowed. Wading/unloading! cleaning of vehicles lXcmises. PflJ'killg of pemJllal ul"omobiles and allowed provided completed with 6 hours twice a mOI01'CfC'les shall be permilted betll.'f!t!'lI any pcrtwn of : month. lhe prillcipal struC/IlTe and any right.ofway line it! a 'cd parldng area. 51 COMPAIUSON OF P~OPOSED ISLAND ESTATES NCOD REGULATIONS & THE CITY DEVELOPMENT CODE "-"t~<r!;~ ;k;~;;r~t;;;~~*~;::~f{Y ;;t};:.:i!,.<,:'?:;Ni::~,{~~~t:~~;:~d~:.~:;:j::~1/j;N.i::~,f.rQ~::I(;;j~{i,?n;l,g~:r;-.c :,-' ,',-' Any tlbliDII lfplly ptrmltltd use, 1[;;;' sin, setback, bulldlntl belgbt. fenre, landKsping Ilnd any existing mechRolcal equipmoent. dumpster orlra,1t c.ntal~rt not 1~1I<<I11l .CCOrdallce with tM development stalldards set forth in the oNerlay district will be ronsidered a legal ~c.!~llyalld mllY to.Unllt 11~,xlstllnd be 1U1Ilntain<<l is allowcd b)' the Clearwater Community lleve\opment Code. - PROPOSED NCOD REGUlATIONS EXISTING CITY CODE REGULATIONS PtIlel:lil for All Areas - O.llot ltilll113 . Pront Fences AlIlcnees shall be prohibile:l bct\\!eCllllllY portion of Allows 3' fences in front and comer side yards. libe principal sInlcture and any right-of-way line. ....-.-.. BllIlolltMI 14. Side Penffi IFences shall nOI exceed 6 feet in h<:ight between any Allows fences in the side yard up to 6 feet in l~rtion of the principal structure and any side lot line. heig/1t. For ....'lItcrfront properties, fences shall not exceed J Fences in the rear yards abutting the water mils! Ballot lIem IS - Rear Fences fe<:t in height between the rear bnilding setback line nQt exceed 3' in height or 4' ill height if enclosing lllld the sell"''lIU. lithe fence encloses II pool, it may be a pool. Fence in rear yards nat abutting the water " leet in height. may be up to 6' in height. Ballot Item 16 - Rear Fences AU fences between the rear building setback line and Fences in the fCllT yards abutting the water musl the seawall shall be non-opaque (see-through.) be non-opaque (see-thraugh.) - 11,11 trash cootainers, dumpsters and medll\llical c:quipment shall be screened from !he righlsoQf-way, 2idjacenl property and the willer. Provision shall apply All dumpsters and mechanical equipment shall be BIUot Hem 17 , Screening for ~o new construction.. If improvements IlI'C made to any, all Arens s!mcture eltceeding SO% ortlle wlllClllppraised by ellc seruned from rights-of-way and adjacent l'iI'leUas COllllty Property Appraiser's Office, then the property. sereetlillg ofmecllanical e<juipmenl, dumpsters and ~ruh containers nlUst be brought into compliance. Use of gravel, stones. cinders and olhersimilar Ballot Item 18. Landscaping for material in any yard sball be prohibiled unless All yards not covered with a building shall be all Areas ililcluded as an illtegral, but minor, clemen! of a landscaped with grass or other ground caver. li~ndscaping plan. Ballot Item 19. Landscaping In r.he single-family areas. 35% of the area No limdscaping requirement as such. 65% of Coverage For Single-family between any portion of the principal structure and entire lot may be eovered with impervious Areas any right-of-way line shall be landscaped. surfaces (building, pav("1llCnt. pool area, etc.) Ballot Item 20 - Landscapiqg , 11~ the multi-rami Iy areas, 25% of the area No landscaping requirement as such. 75%-85% between any portian of the principal structure and of entire IQt may be covered with impervious Coverage For Multi-family Areas any rimt-of-way line shall belandscaoed. surfaces (buildinlr. pavement, pool area, etc.) Ballot Item 21 -Minimum III single-family areas. the minimum rental period City code does not regulate, however, the Rental Periods for Single-family slfla II be 9() days. Countywide Rules of tJ1e Pinellas Planning Areas Council imposes 30 day minimum. Outdoor storage is prohibited nor may goods and The storage of com~rcial fishing a.nd crabbing materials be stored in any manner which is visible Ballot Item 22 - Outdaor Ci~,ipment shall be prohibited on any relridenlial from the public right-or-way or from abulting Storage for all Areas properties. Equipment, materials or furnishings plroperty. not designed for lOut door use may not Ix: stored outdoors. Deviations from Code requirements for at-gradc structures and/or the expansion of existing non- Review and apprQval fQr certain uses and/or conforming side and/or rear setooeks may be deviations related to dimensional requirements for llllptOved tJ1rough a flexible standard approval acceSSQry and primary structures may be BaJlot Item 23 - DeviatiQns for process. Flexible standard approval includes a reviewed and approved thrOtlgh a flexible all Areas recommendation by the City Development standard development (approved by staff). R,eview Committee and final decision by the Certa:in uses and dimensional requirements Community Development Coordinator. All other require review and approval bylhe Community deviations must be approved by the Community Develapment Board (flexible development). Developmcnt Board at II public hearing. 52 Island Estates NCOO Regulaitlons Ballot page 1 of 2 FOR AGAINST [J 0 FOR AGAINST [J D FOR AGAINST [J 0 FOR AGAINST [J D FOR AGAINST 0 0 FOR AGAINST D 0 FOR AGAINST D D FOR AGAINST 0 0 FOR -.!!:!'! AGAINST 0 0 FOR AGAINST D 0 FOR AGAtNST 0 [1 =-- In single-family areas, permitted uses shall be restricted to single-family dweUings (including community rersidertlial homes with up to 6 residents) and infrastructure/utility illStaHations. - . . == 2 In single-family areas, the minimum 101 size shaH be 7,500 sqU<lre feel. 3 ... In single-Iamay areas, front boildingsetbacks for principal struclures shall be 25 feet 4 insfngfe-lamllyareas, side building setbacks for principal structures shall be 7.5 teet ..... 5 In sIngle-family areas, FeClf building setbacks for principal structures shall be 15 feel !or oon'wi1ktrfrulll kll~; and 25 feet for walerllont lots. 11 adjacent structures on either sideofa,'\Illterfronl lot are setback 2() feet, then the minimum rear selbackshall be 2OIl::et - 7 to single-family areas, rear building setbacks for accessory structures. including screened pool enclosures shaH be 1 0 fe$t. 8 Anypoole~ceedil'1g 1 foot in heigh: above grade shall comply with the required rear .setback foriheprincipai slrVelure, 9 l'l. slngle4amily areas, building heighl shall be IirnilOO to 30 feet. above base flood elevation. 10 Parking on any landscaped area shell! be prohibited. 11 In slIlgl&lamily areas,all boalS, personal watercraft. recreatiOl1 vehicles, trailers, commerdalvellldes,race cars, dune. buggies, farm equipmenl, go !(arts, ATV's or other Simitar vehicles shaH be required to be parked in aga!age. The Iempomry parting of SI,lch vehides outside of a gara9'l shall be permilled for no more Ihan four (4) consecutive days no more! than t.vice e monlt1 ComfTlCrciat vehicles may be parked outside 0' garages if Onsile to activoly conduct lxlsil1es$ Ofl lhe premises, Parking of person1:ll autOO1Obiles and motorcycles shall be permitted outside of the garage fI a driveway. 12 In rnuIlI-famlty areas, allJ:lj:Ja,ts, personal watercraft, recreation vehicles, trailers, commercial vehicles, race c,-ans, dune buggies, farm equipmenl, go karls, ATV's or olher similar vehkles shall be prohibited to be parked between an)' portion of lhe pOl1Cipalstructure and any ri,gtll-ohvay line, The lemporary parking of such vehicles within the front selbackshaU.b<i permitted lor no mo~ than four (4~ conseculiW! days no more than twice a month. Commercial vehides may he pallted b~en any portion of me pr;ncipal structure and any right-of-way line In multi-Iamily areas il onsile to actively conduct busit'less Olllthe premises. Parking of pelsonaJ autOO1obiles and motorcycles shaD be permilled belween any portion 01 the principal structure and any right-of-way line. FOR o AGAINST o Anyexisling legally permitted use, k.it .'Size. setback. building height, te!1Cf1, landsCaping and any existing meci1anicBJ equipment dumpster Of trash oontalrwrs not scrB8ned In accordance wilh the dsveioJ7flelll sti;j/f(JaJds s61 icrth in the overtay disltict will b$ CQIISicf6red it i~j nonconformity and may coorinue to exist and be maintainrxJ 11$ a"owod by Ihe CJe;JrwaferCcmmunity D6velcpment CocJa. - (Please turn over to finish voting) 53 Island Estates NCOD Reglulations Ballot 13 ~- All fences.shall be prohibitl..>d between any portion of the principal structure and any right-of-way line. =-- 14 Fences shall not exceed 6 fee! in height between any portion of the principal structure and any side lot Hne. 15 For waterfront propoerties,'fances shall not '~xceed 3 feet in height between the rear building setback line and the seawall. If the fence encloses a pool, it may be 4 feet in lleight. - page 2 of 2 FOR AGAINST D 0 FOR AGAINST D D -""""""'" FOR AGAINST 0 D FOR AGAINST 0 0 FOR AGAINST 0 0 18 Use of gravel, stones, cinders and other simi.lar materiaI in any yard shall be prohibited unless in~luded a,s an integral, blllminor, element of a landscaping plan, 19 ~ Insingte-family areas. 35% of the area between. any portion of the principal structure and any right-oh.vay line shall be landscaped. 20 ---, In multi-family areas, 25% of the area between any portion of the principal structure and any right-ot-wayllne shaH be landscaped. 21 In single-family areas. tbe minimum rental period shaH be 90 days. 22 - The storage 01 cornmercicll fishing and crabbing equipment shall be prohibited 011 any residential property. 23 Deviations forat.gradestri.l~tures and/or the expanSion of existing non"Ct:1nforming side afIdJor rear $l;>tbacks may be approved through a flexible standard approval process. Flexible$tanda,~ approval indOOeS a recommendation by the City Development Review Comri"ittee and final decision by the Community Development Coordinator. All other deviations must be approved by the Community Development Boardar a plJblic: hearing, -- FOR AGAINST 0 0 FOR AGAINST 0 D FOR AGAINST 0 0 ~ FOR AGAINST 0 0 FOR AGAINST 0 0 FOR AGAINST 0 0 Any existing fsga1/y p6rmftted use, fot size. setb8d<, building height fence, fandscapin9 and any existing mechanicaf equipment, dumpster or trash CMlamrs not scfooned in acc0n:i.9nce wi,h the development standards set forth in the overlay district will be considered it regal nonconfomuty and may conlim.t9 to exist and be main/ai/led as allowed by nfJ8 Clearwater Community Deveit:Jpm<rmtCode. (End of ballot) Upon completion, place this baUot in the seJf-address, postage-paid enveJope labeled "Island Estates Balfat" and return it to the CiJiy of Clearwater PJanning Department. 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I :Q "i\i .0 ;;; Cl.l ii'i V5 u.J '2 ti ~ 6 o o ~ C ~ -e '" c:c ~ E 'c c:: Cl; ~ (/) Appendix (; - Ordinance No .6981-02 - Ordinance Adopting Island Estates Neighbolrhood Conservation Overlay I)istrict ORDINANCE NO. 6981-02 AN ORDINANCE OF THE CITY OF CLEARW ATER, FLORIDA, AMENDING THE COMMUNITY DEVELOPMENT CODE~ AMENDING ARTICLE 2, ZONING DISTRICTS, BY CREATING SECTION 2-1602, ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, WHICH EST ABLISHES ADDITIONAL DEVELOPMENT STANDARDS TO BE APPLIED ONLY IN THE ISLAND ESTATES NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; PROVIDING AN EFFECTIVE DATE WHEREAS, the Island Estates neighborhood has developed the Island Estates Neighborhood Plan pursuant to Community Development Code Section 4-608, which Supports additional Icoderequirements to implement the Plan; and WHEREAS" the City of Clearwater has approved the Island Estates Neighborhood Plan in Resolution No. 02-23; and WHEREAS, the City of Clearwater has determined that additional standards shall be applied to the Island Estates neighborhood to implement such plan; and WHEREAS, the residents of Island Estates voted on certain additional standards that shaUbeappliedto the IslandEstates neighborhood to implement such plan; and WHEREAS, the Island Estates neighborhood via the Island Estates Civic Association has committed to bea partner with the City in implementing the provisions of this overlay district by committing to educating neighborhood property owners of the overlay district requirements and providing the initial means of enforcement of any violatiQn Qf the requirements Qf the overlay district pursuant to Community Development CQde S(~ction 4- 608(E);. and WHEREAS, the Community Development Board, pursuant tQ its responsibililties as. the LQcal Planning Agency, has reviewed this amendment, conducted a public hearing tQ consider aU public testimQny and has determined that this amendment is consistent: with the City of Clearwater's Comprehensive Plan; and 57 "VHEREAS, the City Commission has fully considered the recommendation of the Community Development Board and testimony submitted at its public hearing.~ now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARVVATER, FLORIDA: Section 1. Article 2, Zoning Districts, Division 16, Section 2-1602 IslE:md Estates Neighborhood Conservation Overlay District is hereby created containilng the following provisions. 2-1602 Island Estates Neiebborhood Conservation Overlav District. Intent and Purpose. ~rhe Island Estates Neighborhood P'lan was developed in responSti to neighborhood needs and approved by ,the City Commission on August 8. 2002 to prov~de guidance and policy direction for all public and private actions within and in the viciI1lity of the Island Estates neighborhood. The intent and purpose of the Island . Estaltes Neighborhood Conservation Overlay District (IENCOD) is to provide over~. requirements to ensure that infill and redevelopment activities are consistent with the protection of the existing. established. character within the district and to protect the health, safety and general welfare of the district. Pevelopment and redevelopment shall be reviewed for consistency with the Island Estates Neighborhood Plan. Any development requesting flexibility from the minimum development standards of the IENCOD shall be consistent with thelsland Estates Neighborhood Plan. Jurisdictional Bounclaries. The Island Estates Neighborhood Conservation Over:lay District (IENCOD) shall be consistent with the boundaries of all the land in Clearwater Harbor. known as Island Estates lying northerly of the northerly right of way line of Memorial Causeway. less al!g except the following described tracts: (1) All of Block C. and Lots 1-3. 7.9-13. Block D. and the westerly 61 feet of the vacated right-of-way of Dory Passage. Unit 5 Island Estates of Clearwater as recorded in Plat Book 51. Page 34, of the Public Records of Pin ell as County. Florida: (2) Begin at the most easterly comer of Lot 13, Block D ofUni! 5 Island Estates of Clearwater; as recorded in Plat Book 51. p,~ 34. of the Public Records of Pin ell as County. Florida: thence N49023'41"W. 100.00 fleet; thence N04023'41"Wr. 71.42 feet. to a point on a curve to the left; thence along the an~ of said curve. having a radius of70.00 feet. a chord bearing ofN7504T40"E. a chord length of 23.86 feet, 23.98 feet: thence S49023'41"E. 136.75 feet: thence S08012'32"E. 81.05 feet: thence S40036']l9"W. 16.63 feet: thence N49023'41"W. 61.00 feet to the Poin1t of Beginning; (3) Island Yacht Club Condominium. as recorded in Condominium Plat Bl~ 39. Page 74. of the Public Records ofPineUas County, Florida: (4) the land bounded on the north by Dory Passage. on the south by Windward Passage, on the west by Larboard Way and on the east t~l Island Way. 58 Relationship to Underlying Districts and Other Provisions 0/ the CommUl~iiv Development Code. The designation of the Island Estates Neighborhood Conservat~on Overlay District on t]~~ zoning atlas provides requirements in addition to those contail~ in the Low Medium Density Residential. Medium Density Residential, Medium Hum Density. Residential. .High Density Residential. Institutional and Commercial Distn-pts. The provisions contained herein shall govern in this overlay district only. IssueS!1Q1 specifically. addressed. in this overlay district shall be governed by the remain,ng provisions of this Community Development Code. Minimum standard development for areas zoned LMDR.I1ENCOD. The following l!lses are Level One permitted uses in the LMDRlIENCOD District subiect to the minimum standards set out in this Section and other ap'plicable provisions of Article 3. Table 2-1601([,)). "LMDRIIENCOD" Minimum Development "A-:fin. Lot Min. Lot Max. Alin. OU- Use Area Width Min. Setback~.iJll Height Street (sg1!:.L ff11 (ft,) (J) ParkinfE Front Side Rear (2) Accessory pools and screen enclosures ~ 1Q Community Residential Homes (up to 7.500 50 25 7.5 12 30 2/unit 6. residents) Detached Dwellings 7.500 50 25 7.5 12 30 2/unit (1) In special flood hazard areas designated bv the National Flood Insurance Program. maximwn height is rneasureCl above base flood elevation. (2) Any ooolexceedilrlJ?; 1 foot in heie:ht above grade shall complv with the reauired rear setback for the principal stmcture. Waterfront detached dwellings in the LMDRfIENCOD District shoul(~ be 25 feet except af!.Jlfovided in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adiacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback shall be 20 feet. The Building Code may reauire the rear setback to be at least 18 feet from a seawall. 59 Flexible standard develo{2.'!J1ent lor areas_ zoned IMDRIEIV('(}D. .The folloV\{!nti.evel One uses. are permitted. in the LMDRlIENCOD District subiect to the ~tanglards .lU1JJ criteria setout in this Sec:tJionand other applicable regulations in Article 3. - Table 2-1601 (E). "LMDRlIENCOD" Flexible Standard Development Mill. Lot Mill. Lot Max. Min... Off- Use Area Width Mill. Setback$. (ft) Heiglu /'itree!t (/J.J -e- MgJJ.J f.f1J ill Park,rpg Front Side Rear al - Detached 7.500 50 15-25 7.5 5 - 15 30 21tlnit Dwellings Residential n/~l nla 15-25 3-7.5 5 - 15 30 2/unit InfiUProject (3) Utilityl ~ Infrastructure n/a nla 25 .10 12 n/a Facilities (4) (I) In special. flood hazo:ud areas designated by the National Flood Insurance Program. maximum height is measured above base flood elevation. (2) Any.poolexceeding 1 foot inhei2htabove grade shall comply with the required rear setback for the principal ~e. Waterfront detached dwellings in LMDRlIENCOD District should be 25 feetexceot as provid4ed in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adjacent structures on either side of the parcel proposed for development are setback 20 feet and then the rear setback sbal1 be 20 feet. The Building Code. may require the rear setback to be at least IS i feet from a seawall. (3) TIle developmeht staOdards for residential infill projects are guidelines and may be varied based on the ' criteriaSpeclJied in Section 2-1602.E.2. (4) Utility/i~~usesshaU not exceed three acres. Any such use. alone or when added to contiguous .1ik~Jjseswhichexceed three acres shall require a land use plan map amendment to transportation/11tili.ty 'which shall include such uses and aU contimIous like uses. Flexibility criteria: 1. Detached Dwellin~ a. The deve~lopment or redevelopment of the parcel propQsed for developmt:~nt is consistent with the Island Estates Neighborhood Pian. b. Front setback: 1. A dletermination of the front setback shaH consider the e?{tent tQ which existing structures ip the neighborhood have been cor~itructed to a regular or uniform setback from the right-of-way; 60 11. The reduction in front setback will not adversely affect adjac'i[lj property values; 111. The reduction in front setback is consistent with neighbor~~ character: IV. l'he reduction in front setback resullts in an efficient hO.\lse lcu:9ut, c. Rear setback: 1. The reduction in rear setback will allow for the preservation ,Qf existing vegetation which could nat otherwise be preserved: .or H. The reduction in rear setback will an ow the development .or redevelopment of a substandard lot which would otherwise not l~ feasible: or m. The reduction in rear setback results in an efficient hause layol!t. and IV. The structures located within the rear setback otherwise required in :theL.MDRlIENCOD District are buffered with landscape materi~ :or fences ta. protect the privacy and value of adjacent properties. 2, Residentialinfi/l. a. The . development or redevelopment .of. the parcel proposed f;Qr developiment is consistent with the Island Estates NeighbarhoodPlan; b. Single-family detached dwellings and community residential homes willi six (6) or fewer residents are the only permitted uses eligible fh( residential infillproject application: c. The dl~velopment or redevelopment .of the parcel proposed f;Of development is otherwise impractical without deviations from the intensity and othler development standards: d. The develop-ment of a parcel proposed for development as a residenti~ in fill project will not materially reduce the fair market value..of abuttilllg properti~ e. The users within the residential infill project are compatible with adiacem land USf~ f The development of the parcel proposed for development as a residenti@J. infiU prQject will upgrade the immediate vicinity of the parcel PropOSl~ for deve~lopment; 61 g. The design of the proposed residential infill proiect creates a form and function which enhances the community character of the immediate vicinity ofjhe parcel proposed for development and the City of Clearwater as a whole; and h. Flexibility in regard to lot width. required setbacks.. height. off-street parking. a~cess or other development standar~ustified by the benefits to community character. and the immediate vi:cinity of the parcel proposed for development and the City of Clearwater as a whole. 3. Utility/infrastructure facilities. a. The development . or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan; b. The siting and screening ofthe proposed uti1ity/infrastructure facility protects the established character of the Island Estates neighborhood; c. No above . ground . structures. are located adjacent to a street right-of-way; and d. Any above ground structure. other. than permitted telecommunications towers and utility distribution lines located on or along a rear lot line shall bescreeneidfromview by a landscaped opaque wall or fence whichis at least two-thirds. the height of the above ground structure and. shall be landscaped with trees and hedges wmchfive years after installation will substantially obscure the fence or wan and the above ground structure. Flexibledevelapment lar areas zaned IMDR/IENCOD. The following Level Two uses are permitted in theLMDRfIENCOD District subject to the standards and criteria set out in this Section and other applicable regulations in Article 3. Table 2-.1601(E). "LMDR/lENCOD" Flexible Development Mill. Lot Mill. Lot Use Area Width Mill. Setbacks (ft.) S . t. Front Side Rear (2) 62 Detacheq ~Q~ 25 - 50 15 - 25 3 - 7.5 5 - 15 30 2/ul!li1 Dwellings l.dQQ Residential nJa n/a 10 - 25 0-7.5 0- 15 30 l/ulIili InfiUProject (3) (1) In special flOod hazard areas designated by the National Flood Insurance Program, maximum height is measured above base flood elevation. (2) Any pool exceeding 1 foot in height above grade shall comply with the required rear setbackfci!! the principal structure. Waterfront detached dwellings in LMDRlIENCOD District should be 215 feet except as provided in Article 3. Division 8. Section 3-805 and Division 9. Section 3-904 and except where adia<:ent. structures on either side of the parcel proposed for development are setbac!k 20 feet.and tbenthe rear setback shall be 20 feet. The BuildJ1ng Code may require the rear setbac!k to beat least 18 fet.1 from a seawall. (3) Thedeveloo:ment:standards for residential infill oroiects are guidelines and mav be varied baseid on the criteria specified in Section 2-1602.F.2. Flexibility criteria: 1. Detached Dwellings. a. Jhe development ar redevelapment af the parcel proposed for ~Ievelapment is cansistent with the Island Estates NeighbarhaaiQ Plan: b. Minimum lat size per dwelling af less than 7.500 square feet is an ~~xisting.lat ar a lat size af less than 7.500 square feet is necessar~ ta the develapment ar redevelapment af a vacant lat which waul~ atherwise nat be ecanamically feasible: c. Jhe . valume ta lat size ratia af the structures ta be develaped OIn the lat is nat mare than ten percent greater than the average valume tD lat size ratia Df all existing structures IDeated an the. same lac,~l street. and within a 700 feet radius of the lat: d Front setback: 1. The existing structures alang the same side afthe road ha\i~ been constructed with irregular setbacks and the proposeiQ reductian in frant setback will not be out af character witlh the neighbarhaad: 11. The extent ta which existing structures in the neighborhac~ have been canstructed ta a regular or unifarm setback from the right-af-way: m. The reductian in frant setback will nat adversely affe'~ adiacent praperty values: 63 e. Rear ~~e/back: l. The reduction in rear setback will allow for the ~servation of existing vegetation which could not otherwise be preserved: n. The reduction in rear setback will allow the development or redevelopment of a substandard structure which would otherwise not be feasible: or m. The reduction in rear setback will result In an efth~ient house layout. f Side setback: The reduction in side setback will allow fm the preservation of existing vegetation that could not otherwis,e be preserved. 2. Residentiallnfill. a. The development .'.. or redevelopment of the parcel proposed for development is consistent with the Island Estates Neighborhood Plan: b. Single-family detached dwellings and community residential homes with six (6) orfewer residents are the only permitted uses eligible for residential infill project application: c. The development. or redevelopment of the parcel proposed for development is otherwise impractical without deviations from the intensity and other development standards~ d. The .. development of a parcel proposed for development as a residential infill project wiIlnDt materially reduce the fair market value of abutting properties: e. The uses wilthin the residential infill project are compatible with adjacent land uses: f The development of the parcel proposed for development as a residential infill proiect win upgrade the immediate vicinity of the parcel proposed for developmen16 g. The design of the proposed residential infiU project creates a fonn~ and function which enhances the community character of the immediate vicinity of the parcel proposed for development and,the City ofCleanlVater as a whole: and h. Flexibility in regard to lot width. required setbacks. height. off-~.treet parking. access or other development standards is justified by the benefits 64 to commt;mity character and the immediate vicinity of the parcel proposed for develcu;>ment and the City of Geanvater as a whole, G. Additional develoDtl7ent standards for sino/e-familv areas zoned LMDRlIENCOD 1. Parking 011 Lcmdscaped Areas. The parking of any type of vehicle. trailer. boat. personal watercraft, recreational vehicle, or any other similar vehicle shan be prohibited on grass or any other landscaped area; 2. Fences. a. Fences shall not exceed 6 feet in height between any portion of' the principal structure and any side lot line: b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through); 3. Landscaping Requirements. Use of gravel. stones. cinders and other similar. material.in any yard ..shall be .prohibited unless included as an integral but minor. element of a landscaping plan: and 4. Outdoor Storage. The. storage of commercial fishing and crabbing equipment shan be prohibited outdoors on any residential property. H. Additional development standards for multi-familv areas zoned MDR/IENCOD. MHDRlIENCOD. HD1YIENCOD and CIIENCOD. J. Parking. The parking of any type of vehicle. trailer. boat, personal watercraft. recreational vehicle. or any other similar vehicle shall. be prohibited on grass. or any other landscaped area. 2. Fellces. a. Fences shall not exceed 6 feet in height between any portion of' the principal structure and any side lot line. b. All fences between the rear building setback line and the seawall shall be non-opaque (see-through.) 3. Landscaping Requirements. Use of graveL stones. cinders and other similar material in any yard shall be prohibited unless included as an integraL but minor. element of a landscaping plan. 65 4. OuttJoor Storage. The storage of commercial fishing and crabbiJ~ ~~lment shall be prohibited outdoors on any residential property. I. Additional develoDQ.,entstandards for areas zoned I/lENCOD. 1. Lan'rj,scaping Requirements. Use of graveL stones. cinders and oth~ simiilar material in any yard shall be prohibited unless included as em integral, but minor. element .of a landscaping plan. Section 2. . Thi$ ordinance shall take effect on September 9, 2002. PASSED'QN"HIRST READING August 8. 2002 PASSED 0NSECOND AND FINAL READING AND. ADOPTED AS, AMENDED August 22. 2002 Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ~eslieK...DougalItSides Assistant City Attome~~ Cynthia E. Goudeau City Clerk 66