7721-07
ORDINANCE NO. 7721-07
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY DESIGN
FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY
AMENDING SECTION II. FUTURE LAND USE; REMOVING AND
REPLACING SUBSECTION C. THE "MARINA RESIDENTIAL" DISTRICT
IN ITS ENTIRETY; PROVIDING A DESCRIPTION AND VISION FOR
THE MARINA DISTRICT; PROVIDING FOR HEIGHT INCENTIVES AND
REQUIRED PUBLIC AMENITIES; PROVIDING ADDITIONAL
INCENTIVES; ADDING CERTAIN PROVISIONS REGARDING BELLE
HARBOR; PROVIDING FOR SITE DESIGN CRITERIA INCLUDING
SETBACKS, BUILDING DESIGN ALONG PUBLIC BOARDWALK, AND
PARKING ALONG CLEARWATER HARBOR; ADDING AN APPENDIX
CONSISTING OF THE CITY'S FUTURE LAND USE MAP FOR THE
AREA GOVERNED BY BEACH BY DESIGN AS EXHIBIT A; PROVIDING
THAT SAID PROVISIONS SUPPLEMENT THE CLEARWATER LAND
DEVELOPMENT CODE; PROVIDING FOR FORWARDING TO REVIEW
AGENCIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the
economic health of the City overall; and
WHEREAS, the public infrastructure and private improvements of Clearwater Beach
are a critical part contributing to the economic vitality of the Beach; and
WHEREAS, substantial improvements and upgrades to both the public infrastructure
and private improvements are necessary to improve the tourist appeal and citizen
enjoyment of the Beach; and
WHEREAS, the City of Clearwater desires greater flexibility with regard to location of
uses within the Marina District governed by Beach by Design; and
WHEREAS, Beach by Design does not specifically permit overnight
accommodations in the Marina Residential District and the City of Clearwater desires to
incentivize new overnight accommodation development; and
WHEREAS, the City of Clearwater desires to ensure public access to the Clearwater
Harbor in the Marina District; and
WHEREAS, the City of Clearwater desires to better balance development incentives
with the provisions of public benefits and amenities in the Marina District; and
Ordinance No. 7721-07
WHEREAS the Pinellas Planning Council has requested that the City's Future Land
Use Map be added to Beach by Design; and
WHEREAS, the proposed amendments to Beach by Design have been submitted to
the Community Development Board acting as the Local Planning Authority (LPA) for the
City of Clearwater; and
WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly
noticed public hearing and found that amendments to Beach by Design are consistent with
the Clearwater Comprehensive Plan; and
WHEREAS, Beach by Design was originally adopted on February 15, 2001 and
subsequently amended, now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, is amended as follows:
II. Future land Use
The existing pattern of land use is a mix of primarily commercial uses - hotels,
motels, retail shops, restaurants and tourist and/or recreation operations - between
Acacia Street and the Sand Key bridge. The City of Clearwater Future Land Use
Plan Map qoverns uses. intensities and densities in this area and is incorporated bv
reference. as may be amended. and is attached as the Appendix. Functionally, this
area is divisible into a number of distinct character districts which also qovern
development:
*******
Section 2. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines, Section II. Future Land Use, Subsection C. The "Marina Residential"
District, is amended as follows:
C. Marina Residential District
The area to the east of Poinsettia and North Mandalay to the north of Baymont is
prim~lrily a residential district v:ith a few motel and restaur~mt uses. The parcels of land
to tho oast of East Shore front on Clearwater Bay. HO'Never, those parcels are
relatively shallow, limiting tho utility of the existing parcelization. Beach by Design
anticipates the redevelopment of the Marina District as a waterfront rosidential
neighborhood with parcols to the east of Poinsettia consolidatod 'Nith parcols to the east
of East Shore in favor of land assembly. Four distinct blocks should be created from
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Ordinance No. 7721-07
this consolid::lted land bet\\'een the Causo'.vay and Baymont Street consistent with
existing area street patterns. Pedestrian access should be provided through each block
to the Intracoastal 'NatenNay and terminate at a public board'A'alk located along the
shoreline from the Cause'o':ay to Mandalay Avenue. Retail and restaurant uses are
appropriate in the north and south block only and residential uses located between.
The Yacht Basin Apartment site, which is located on the north side of Baymont, should
be considered an integral part of this neighborhood. It must be included in any
consolidation effort and is an appropriate site for a marina based hotel and other
residential uses.
If all of this land is consolidated under single ownership and developed according
to the Marina Residential District framework as a unified plan, the City should do the
f-ollowing: vacate East Shore; create an assessment district to finance the boardwalk
construction; participate in a garage at Pelican VValk; and make a'.'ailable the density
pool for a marina based hotel meeting the requirements of Beach by Design on the
Yacht Basin I\partment site, including the potential allo'Nance of 150 feet in building
height. ,^JI other building heights 'Nithin this district 'Nould be permitted between 2 -1
stories above parking.
If the "single" property consolidation described above does not occur,
intermediate strategies should be employed. These strategies should results in
smaller, but significant, lot consolidation in the East Shore area consistent with the
four "distinct blocks" identified previously between the Causeway and Baymont Street.
This area should also value tvo'O larger consolidations of approximately five aares each
as an incentive for redevelopment. The goal of marina based development in
conjunction with a public "Bayside Boardwalk" should also be pursued. I\dditionally,
the Yacht Basin site should be redeveloped in its current configuration without further
subdivision. In order to implement these strategies the following incenti'.'es are
available:
Height
In addition to the requirements of the Design Guidelines the following requirements shall
apply in the Marina Residential District bet'Neen Baymont Street and the Causeway.
. Projects that consolidate a minimum of five acres 'Nill be eligible for approval of
height up to 100 foet, subject to meeting the standards of the Community
Development Code, Beach By Design and approval by the Community
Development Board.
. Projects that consolidate a minimum of 2.5 acres 'Nill be eligible for approval of
height up to 70 feet, subject to meeting the standards of the Community
Development Board.
· Structures located betv:een the Cause'Nay and Baymont Street exceeding 35
feet in height, shall occupy no more than fifty (50) percent of the property
frontage along the Intra Coastal \^Jaterway.
3 Ordinance No. 7721-07
In the event that lot consolidation under one QI.\'ner does not occur, Beach by
Design contemplates the City 'Norking INith District property owners to issue a request
for proposals to rede'.'elop the District in the consolidated manner identified above. If
this approach does not generate the desired consolidation and redevelopment, Beach
by Design calls for the City to initiate a City Marina DRI in order to facilitate
development of a marina based neighborhood subject to property ol/mer support. If lot
consolidation does not occur within the District, the maximum permitted height of
development east of East Shore will be restricted to two (2) stories above parking and
bet\~.'een Poinsettia and East Shore could extend to four (4) stories above parking.
YaGht Basin Property
. The Yacht Basin property will be redeveloped without further subdivision and
subject to the design guidelines. The property 'NiII feature Im'Jer building heights
around the perimeter of the property with higher buildings located on the interior
of the site with stepped back design.
. The project will provide stroetscape improvements on the Mandalay and
Baymont sides either on the project property or on the existing right of way.
These improvements are intended to link pedestrians v.'ith the Mandalay and
Bayside Board'Nalk areas.
. The project will contribute to Pelican Walk parking garage project on terms to be
determined by the City Commission.
East Shore Vacation
Any vacation of East Shore Drive would be subject to a traffic analysis prior to the
vacation. The City may conduct this e'.'aluation prior to a proposal for street vacation.
Bayside Board'llalklPedestrian Linkages
Development utilizing the lot consolidation incentives will dedicate a ten f-oot easement
along the Bayside that will link to a pedestrian streetscape improvement along Baymont.
The Yacht Basin redevelopment will pro'lide the streetscape improvement from the
proposed Boardwalk to Mandalay Stroet along the Baymont frontage. The Bayside
Boardwalk can be either on the landside of the sea'Nall and or a component of marina
development on the waterside on the sea\\'all.
Marina Development
Development utilizing the lot consolidation incentives should include n marina
component, subject to applicable permitting requirements.
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Ordinance No. 7721-07
c. Marina District
The area to the east of Poinsettia Avenue. north of Causeway Boulevard and south of
the Clearwater Beach Recreation Complex is a mixed-use district occupied by
residential. motel and limited commercial uses in at-orade structures primarily one - two
stories in heioht. This district is the northern oateway to Clearwater Beach and has a
hioh profile location alono Clearwater Harbor and visibility from Causeway Boulevard.
The parcels of land located on the east side of East Shore Drive have frontaoe alono
Clearwater Harbor and those on the west side also have frontaoe on Poinsettia Avenue.
Parcels on both sides of East Shore Drive are relatively shallow and the future
redevelopment opportunities are limited by this existino parcelization.
District Vision
The District's prime location alono Clearwater Harbor, its close proximity to the City's
marina and to the beach make the District a particularly desirable place for tourists and
residents alike. Beach by Desian supports the redevelopment of the Marina District into
a pedestrian and boater-friendly destination that includes a mix of hotels, commercial.
restaurant, residential and mixed-use development, as well as a variety of dock facilities
and water related uses.
To assist in creatino this destination waterfront neiohborhood. the District should
capitalize upon its oateway location. Beach by Desian supports the creation of a District
focal point oenerally located at the intersection of East Shore Drive and Papaya Street
and alono Clearwater Harbor. Development located entirely or partially within 200 feet
north and 200 feet south of Papaya Street shall be limited to the District's preferred
uses, which are restaurants. retail. hotels and/or mixed uses. Stand-alone residential
development shall not be permitted in this location. The desion of development in this
location should capitalize on this prime waterfront location and provide public access to
the waterfront where Papaya Street terminates at Clearwater Harbor.
To assist. in attractino people to the District, Beach by Desian contemplates the
construction of a public boardwalk alono Clearwater Harbor from Baymont Street south
to the southern boundary of the District to connect with the City marina's boardwalk
located under Causeway Boulevard. Additionally. streetscape improvements should be
implemented alono Baymont and Papaya Streets to create a pleasant pedestrian
environment and visual connection between Clearwater Harbor and the Gulf of Mexico.
Streetscape elements should also be used to identify public entrances to the boardwalk
at Papaya and Baymont Streets alono Clearwater Harbor.
Determinations of whether a proiect constitutes a mixed-use development will be made
by weiohino the followino factors: whether the proposed mix of residential and non-
residential uses will further the vision of the District; the percentaoe of streeUwaterfront
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Ordinance No. 7721-07
frontaae occupied by one or more uses; percentaaes of overall project devoted to each
use; and/or portion of one or more floors devoted to a mixture of uses.
Height Incentives and Reauired Public Amenities
The Marina District's location in the heart of the tourist district presents prime
opportunities for tourist-oriented and mixed-use development. Existino parcel sizes and
depths as well as lack of public amenities inhibit the District's redevelopment and
potential for creatina a destination waterfront neiohborhood. To realize the District's
vision. Beach bv DeskIn offers development incentives of increased buildina heiaht in
exchanae for redevelopment proposals with laroer lot sizes. preferred District uses and
the inclusion of specified public amenities. Projects not contributina to a public
amenity shall be limited to two stories above parkina if located on the east side of East
Shore Drive and four stories above parkina on the west side of East Shore Drive.
Development located on Clearwater Harbor utilizino a heiaht bonus as outlined in the
table below must provide to the City of Clearwater a 15 foot wide boardwalk constructed
within a 20-foot public access easement adjacent to the seawall. either over the water
or on the land as determined by the City. Any non-waterfront parcel usino the heiaht
bonus shall contribute financially to the Papaya and Baymont Street streetscape or the
public boardwalk. in a manner determined by the City. The followina table shall auide
allowable buildina heiaht in the Marina District:
Heiaht Bonus Schedule for the Marina District
Maximum Heiaht for
Land Area with Contribution to the Public Maximum Heioht Preferred Uses -
Boardwalk or the Streetscape for Residential Mixed Used
Development Development and
Overniaht
Accommodations
> 0.5 acres on one side of East Shore 40 feet 60 feet
Drive
> 0.5 acres on both sides of East Shore 50 feet 70 feet
Drive
1 acre on one side of East Shore Drive 50 feet 70 feet
1 acre on both sides of East Shore Drive 60 feet 80 feet
2 acres on one side of East Shore Drive 60 feet 80 feet
2 acres on both sides of East Shore Drive 75 feet 1 00 feet*
* Additional heiaht may be aranted pursuant to the transfer of development provisions onlv
for overniaht accommodations with 50 or more units and UP to a maximum heiaht of 130 feet.
6
Ordinance No. 7721-07
Additional Incentives
In addition to the heiQht bonuses. Beach by Desian would permit the consideration of
the vacation of East Shore Drive to assist in the creation of larQer sites to facilitate
redevelopment with a hiQher Qualitv of architectural and site desiQn. Vacation reQuests
will onlv be considered in increments of one full block provided concerns related to
access. traffic circulation on the beach. emerQencv vehicle access. utilities. etc. can be
mitiQated and fundinQ mechanisms are identified to the satisfaction of the City.
The Marina District also supports the maintenance and expansion of dock facilities that
serve existinQ and new uses. as well as those that serve the broader public. To assist
in the creation of commercial dock facilities. Beach by Desian waives any additional on-
site parkinQ that may be reQuired to support such facilities provided on-street parkinQ is
provided adiacent to the upland site.
Beach By Desian further contemplates that additional flexibilitv may be provided
reQardinQ number and location of parkinQ spaces to serve overniQht accommodations.
Belle Harbor
The Belle Harbor condominium site was recentlv redeveloped consistent with the HiQh
Densitv Residential (HDR) zoninQ district provisions and no chan~es are anticipated for
this parcel. In the event conditions chanQe. the HDR District will Qovern future
redevelopment or improvements to this property.
Site Desian Criteria
To ensure that the scale and character of development in the Marina District provides
the desired settinQ for public eniovment of the waterfront and promotes pedestrian-
oriented development. the followino requirements shall applv to the Marina District.
Should there be any discrepancy between these provisions and Section VII. DesiQn
Guidelines and/or the Community Development Code. these provisions shall Qovern.
Setbacks
In order to promote a pedestrian-friend Iv environment. overniQht accommodations.
commercial. mixed-use development and townhouses may be permitted a zero foot
front setback. Other forms of residential development shall complv with the setbacks
set forth in the Community Development Code.
Setbacks adiacent to the public boardwalk may incorporate pedestrian-oriented desiQn
features includinQ. but not limited to courtyards. steps. entrvwavs. arcades. plazas and
outdoor seatinQ areas.
7
Ordinance No. 7721-07
To ensure the provIsion of adequate east-west view corridors between properties,
buildinq side setbacks shall be no less than 25% of the buildinq heiqht or a minimum of
10 feet, whichever is qreater. A minimum setback of five feet shall be provided for all
paved surfaces. The public boardwalk, pavement accommodatinq cross-access drive
aisles and shared parkinq areas shall be exempt from any side setback requirements.
Buildinq Desiqn Alonq the Public Boardwalk
The desiqn of facades frontinq Clearwater Harbor is critical in creatinq the atmosphere
alonq the public boardwalk. These facades should receive a hiqh level of desiqn
treatment incorporatinq elements such as chanqes in plane, architectural details. variety
in color, materials and textures, defined entrances, doors and windows and other
appropriate details based on the architectural style of the buildinq.
Parkinq Alonq Clearwater Harbor
Parkinq qaraqes/areas should be internal to the site/buildinq and screened from
Clearwater Harbor. Such areas shall be architecturally inteqrated with the desiqn of the
buildinq.
Section 3. Beach by Design: A Preliminary Design for Clearwater Beach and
Design Guidelines is amended by adding an Appendix which contains the City's Future
Land Use Plan Map for the area governed by Beach by Design and as shown in the
attached Exhibit A.
Section 4. Beach by Design, as amended, contains specific development
standards and design guidelines for areas of Clearwater Beach that are in addition to
and supplement the Community Development Code; and
Section 5. The City Manager or designee shall forward said plan to any agency
required by law or rule to review or approve same; and
Section 6. It is the intention of the City Council that this ordinance and plan and
every provision thereof, shall be considered severable; and the invalidity of any section
or provision of this ordinance shall not affect the validity of any other provision of this
ordinance and plan; and
Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
AS AMENDED
January 31, 2007
8
Ordinance No. 7721-07
PASSED ON SECOND AND FINAL
READING AND ADOPTED
February 15, 2007
-=I~ y ~
'Frink V. Hibbard
Mayor
Approved as to form: Attest:
9 Ordinance No. 7721-07