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05/02/2000CITY COMMISSION SPECIAL WORKSESSION CITY OF CLEARWATER May 2, 2000 Present: Brian J. Aungst Mayor/Commissioner J. B. Johnson Vice-Mayor/Commissioner Ed Hooper Commissioner Robert Clark Commissioner Ed Hart Commissioner Also present: Michael J. Roberto City Manager Bill Horne Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk Patricia Sullivan Board Reporter The Special Work Session was called to order at 9:00 a.m. at City Hall for the purpose of reviewing proposed changes to the Land Development Code. ITEM #2 – Review Proposed Changes to the Community Development Code In his April 10,2000 memorandum, Planning Director Ralph Stone reviewed proposed amendments to the Community Development Code. The CDB (Community Development Board) unanimously has recommended approval of the amendments with two changes, which staff has incorporated. The CDB recommended limiting the time a portable storage unit can remain on a property to 48 hours. Staff proposes allowing the units to remain at active construction sites for the duration of construction permits. The board also recommended that all on-site signage comply with construction sign requirements. The new Community Development Code, structured to encourage desired development and redevelopment and provide property owners with measured flexibility for uses, was effective March 8, 1999. Since then, staff has evaluated its effectiveness and gathered input from staff, design and development professionals, contractors, and residents. Staff began its 6-month review in September 1999, and met with individuals and more than 40 groups to solicit input. Staff recommends amendments to the Community Development Code: Article 1 – General Provisions - 1) add language to the Purpose Section to enhance the quality of life of all residents & property owners of the City; Article 2 – Zoning Districts – 2) permit parks & recreational facilities as flexible development uses in residential zoning districts & minimum or flexible standard uses in commercial zoning districts; 3) create more flexibility in setbacks for particular uses, primarily in nonresidential districts, & establish criteria for the added flexibility; 4) restrict height of residential infill projects in the High Density Residential district to 80 feet unless located on Clearwater Bay; 5) add standards to be consistent with Countywide rules; 6) permit new uses, such as limited vehicle service, light assembly, limited vehicle sales & display, & mixed use; 7) eliminate Mixed Use District in its entirety; Article 3 – Development Standards – 8) increase percentage of gross floor area allowed for accessory uses; 9) revise dock provisions to be more consistent with the Pinellas County Water & Navigational Control Authority; 10) Fences – a) reorganize fence section; b) provide guidance for location of fences on corner & double frontage lots; c) revise landscape requirements for chain-link fences; d) permit fences within setback on all waterfront lots whereas fences only were permitted on residential property; e) permit deviations from fence requirements for public projects pursuant to Level One (flexible standard) approval; & f) require a 4-foot fence enclosing swimming pools; 11) provide for density & intensity averaging on any unified site with different land use categories; 12) require a permit for painting commercial structures; 13) prohibit rental of residentially zoned dwellings for less than 31 days, to be consistent with Countywide rules; 14) permit multi-stand newsracks to be side by side for a distance of 6 feet, provided separation of 300 feet is maintained between multi-stand newsracks; 15) Parking – a) prohibit semi-trailer trucks & cabs from being parked on residentially zoned property; b) prohibit commercial vehicles from being parked on commercial property unless affiliated with that property; & c) prohibit parking on grass in front setback of residentially zoned properties if alternative paved areas exist; 16) eliminate cap on maximum parking on a site; 17) clarify triggers for compliance with landscaping & parking requirements; 18) Landscaping – a) allow 25% tree replacement credit for undeveloped multi-family & commercial properties; b) require tree removal permit for palms with 10-foot clear & straight trunks; c) establish minimum number of trees required on single- & multi-family properties instead of requiring tree replacement on inch per inch basis; d) increase tree replacement costs by $6 to $48/inch of DBH (diameter at breast height); & e) incorporate additional tree protection measures; 19) allow 25% more signage on nonresidential sites for monument signs versus freestanding pole signs; 20) permit monument signs, in addition to attached signs, in Tourist & Downtown Districts; 21) permit changeable message signs to be changed once every 6 hours; 22) prohibit temporary uses independent of principal site use; 23) permit portable storage units on any property for 48 hours & restrict signage on such units to one sign face not exceeding 12-square feet; Article 4 – Development Review Procedures – 24) increase notice requirement for flexible standard cases from abutting properties to those within 200 feet & to registered neighborhood associations; 25) require land use & rezoning cases to be heard by the City Commission within 6 months of CDB meeting or case shall be deemed withdrawn; 26) permit cases to be amended during approval process provided amendments are less intensive than original application. If case is amended to be more intensive, case shall be readvertised & process restarted from the beginning; 27) delete requirement that applicants submit a summary of evidence, list of witnesses, & disclose all related reports 10 days prior to the public hearing; 28) increase required percentage of homeowner signatures from 50% to 60% to initiate neighborhood conservation overlay designation. Require neighborhood to educate its property owners & residents of overlay regulations & require neighborhood participation in enforcement; 29) restrict amount of development rights that can be transferred. Prohibit transfer of development rights to properties zoned LDR or LMDR, & revise transfer distance limitation from a 1-mile radius to allow transfers between barrier island properties only & between mainland properties only; Article 6 – Nonconformity Provisions – 30) permit properties with nonconforming densities to be reconstructed with the same density, provided all other code requirements are met; and Article 8 – Definitions & Rules of Construction – 31) add definitions of permitted uses, delete definitions for terms not in the Code, & revise definitions to be more concise. Mr. Stone reviewed the proposed changes. He said the new Code had streamlined the approval process. In response to a question, he said of more than 1,300 applications, 2 cases were appealed and resolved. Only one appeal, related to the cell tower, remains outstanding. Mr. Stone said the PPC (Pinellas Planning Council) had expressed concern regarding the City’s transfer of development rights and other language. Staff will meet with the PPC to discuss these issues on May 18, 2000. He recommended the City follow County rules, which allow boat slip roofs but prohibit canvas covers. Changes to fence regulations address special circumstances related to corner lots or properties abutting high traffic roads. Fencing around pools will be required for new construction. The Board of Realtors and Chamber of Commerce oppose proposed regulations requiring permits to paint commercial buildings. The requirement would prohibit gaudy colors and painting a building as a sign. The current Code is limited to “after the fact” enforcement. The City Manager said staff is aware of the difficult logistics related to this regulation. Staff has received significant input regarding transient accommodations. Currently, the Code does not address minimum stays. Mr. Stone said transient uses are inconsistent with residential uses at properties on Sand Key, Island Estates, and in single family residential neighborhoods. State legislation, exclusive to Pinellas County, requires all local governments to be consistent with ordinances adopted by the Pinellas County Commission, acting as the Countywide Planning Authority. Clearwater is required to achieve consistency with a Countywide Ordinance approved in March 1998, that require minimum stays of 31 days at properties located in residential districts. As long as small “Mom and Pop” properties maintain their licenses, those properties will be grandfathered. In response to a question, Mr. Stone said the City only can adopt laws more restrictive than County rules. If the City does not adopt the change, the City Attorney said the PPC may argue against the inconsistency. The City would be responsible for enforcing the rules. The City Manager said approval creates a legal activity for staff that will not be a high priority. It was noted that residential areas in nearby tourist cities have reported difficulties with transient renters. It was suggested the minimum stay be waived during events such as the Olympics. It was questioned why some Sand Key condominiums feature retail and office space. Regarding Item #12, concern was expressed the restrictions would penalize professional painters and require commercial painting companies to become involved in the permitting process. The City Manager said the City will provide a 2-year grace period to allow for public education and mailings regarding the new standards. It was questioned who would determine which colors are garish. The City Manager said a palette of colors will be provided. The City Attorney said this regulation would affect all commercial properties, no matter who does the painting. The code violation would be against the property owner, not the painting contractor. Staff has not determined a cost for the permit. Consensus was to not include this requirement. Regarding Item #13, concern was expressed the rule would be difficult to enforce. It was noted many residents oppose the change. It was recommended the length of condominium rentals be limited by that association’s documents. Mr. Stone said even if a city’s code is silent on an issue, regulations must be consistent with Pinellas County. Concern was expressed the regulation makes government more intrusive. It was suggested additional public hearings be scheduled to address this issue. Regarding Item #23, Mr. Stone reviewed CDB recommendations to limit to 48 hours, the time a portable storage unit can remain on a residential property. Staff proposes allowing the units to remain at active construction sites for the duration of construction permits. It was noted City roll-off containers are unattractive, too. Smaller signage was encouraged. It was recommended the owners of portable units be required to mark each unit with a date stamp, indicating when it was placed on the property. Consensus was to adopt staff recommendations to allow portable storage units to remain at active construction sites for the duration of construction permits and to limit the time for other units to 4 days. Regarding Item #24, it was questioned if limiting notification to property owners within 200 feet of a subject property is sufficient. City Clerk Cyndie Goudeau recommended the Code require 200 feet but to continue the policy of sending notices to properties within 500 feet of the subject property. Consensus was to require notification within 200 feet. Regarding Item #29, Mr. Stone said staff recommends restricting the amount of development rights that can be transferred, prohibiting the transfer of development rights to properties zoned LDR or LMDR, and revising the transfer distance limitation from a 1-mile radius to allow transfers between barrier island properties only and between mainland properties only. The City does not want to create empty parcels. Staff recommends limiting the transfer of development rights to 20% above the maximum permitted by Code. While this proposal is inconsistent with countywide rules, Mr. Stone said he is comfortable the PPC will accept the language. Staff will not approve any transfers of development rights until the consistency issues are worked out with the PPC. It was recommended that transfers of development rights not be permitted across water. Tom Sehlhorst said proposed changes to not address his concerns related to small properties. Mr. Stone said the City wants to encourage the consolidation and redevelopment of substandard sized lots. Regarding Item #15b, the City Manager said the regulation is designed to prohibit signage for home offices and increased neighborhood traffic. It was recommended staff pursue additional public input regarding proposed changes. The City Manager said staff will send letters to industries, which will be impacted. Staff will try to identify and contact properties, which feature unlawful temporary uses. ITEM #3 – Adjournment The meeting adjourned at 10:53 a.m.