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8810-16ORDINANCE NO. 8810 -16 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING AN AMENDMENT TO THE COMMUNITY DEVELOPMENT CODE BY AMENDING ARTICLE 2, CHART 2 -100, TO ADD FUNERAL HOMES AS A PERMISSIBLE USE IN THE COMMERCIAL, OFFICE AND INSTITUTIONAL DISTRICTS, ADD MICROBREWERIES IN THE DOWNTOWN DISTRICT, AND REMOVE NON - RESIDENTIAL OFF - STREET PARKING FROM THE TOURIST DISTRICT; AMENDING ARTICLE 2, SECTIONS 2 -702, 2 -1002 AND 2 -1202, ADDING FUNERAL HOMES AND MEDICAL CLINICS AS MINIMUM STANDARD DEVELOPMENT USES; AMENDING ARTICLE 2, SECTION 2 -702, ADDING A FOOTNOTE PERTAINING TO RESTAURANTS AND RETAIL PLAZAS, AND MODIFYING FOOTNOTE #1 TO INCLUDE MEDICAL CLINICS; AMENDING ARTICLE 2, SECTIONS 2 -703, 2 -1003 AND 2- 1203, ADDING FUNERAL HOMES AS FLEXIBLE STANDARD DEVELOPMENT USES; AMENDING ARTICLE 2, SECTIONS 2 -703, 2- 802, 2 -1003 AND 2 -1203, MODIFYING DEVELOPMENT STANDARDS AND /OR FLEXIBILITY CRITERIA FOR MEDICAL CLINICS; AMENDING ARTICLE 2, SECTION 2 -802, DELETING NON - RESIDENTIAL OFF - STREET PARKING AS A FLEXIBLE STANDARD DEVELOPMENT USE AND DELETING FOOTNOTE #7; AMENDING ARTICLE 2, SECTIONS 2 -802 AND 2 -803, ADDING A HEIGHT CRITERION FOR THE RESORT ATTACHED DWELLINGS USE; AMENDING ARTICLE 2, SECTION 2- 902, ADDING MICROBREWERIES AS A FLEXIBLE STANDARD DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2 -1004, DELETING MEDICAL CLINICS AS A FLEXIBLE DEVELOPMENT USE; AMENDING ARTICLE 2, SECTION 2 -1203, MODIFYING DEVELOPMENT STANDARDS AND /OR FLEXIBILITY CRITERIA FOR ASSISTED LIVING FACILITIES, CONGREGATE CARE, HOSPITALS, NURSING HOMES, AND SOCIAL AND COMMUNITY CENTERS; AMENDING ARTICLE 2, SECTION 2 -1204, DELETING SOCIAL AND COMMUNITY CENTERS AS A FLEXIBLE DEVELOPMENT USE, AND MODIFYING FLEXIBILITY CRITERIA FOR SOCIAL/PUBLIC SERVICE AGENCIES; AMENDING ARTICLE 3, SECTION 3 -909, MODIFYING APPLICABILITY AND LOCATION AND DESIGN REQUIREMENTS OF OUTDOOR CAFE PROVISIONS; AMENDING ARTICLE 3, SECTIONS 3- 1202 AND 3 -1401, TO REFERENCE THE DIVISION INSTEAD OF THE SECTION; AMENDING ARTICLE 3, SECTION 3 -1406, CLARIFYING THE ZONING DISTRICT EXCEPTIONS FOR OFF - STREET LOADING; AMENDING ARTICLE 5, SECTION 5 -302, CLARIFYING THE RESPONSIBILITIES OF THE DEVELOPMENT REVIEW COMMITTEE; AMENDING ARTICLE 8, SECTION 8 -102, MODIFYING THE DEFINITIONS FOR BREWPUBS, LIGHT ASSEMBLY, 1 MANUFACTURING, MEDICAL CLINICS, MICROBREWERIES, RESEARCH AND TECHNOLOGY USE, RESORT ATTACHED DWELLINGS, RETAIL SALES AND SERVICES, AND VEHICLE SERVICE, AND ADDING DEFINITIONS FOR BEER GARDEN, FUNERAL HOMES, AND PRINT SHOPS; CERTIFYING CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater desires for the Community Development Code to function effectively and equitably throughout the City; and WHEREAS, the City of Clearwater has determined where the Community Development Code and Code of Ordinances needs clarification and revision; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Article 2, Zoning Districts, Chart 2 -100, Permitted Uses, Community Development Code be amended to read as follows: Accessory dwellings X X X X X X Attached dwellings X X X X X X X Community residential homes X X X X X X X X Detached dwellings X X X X X X X X Mobile homes X Mobile home parks X Residential infill projects X X X X X X X Adult uses X X Airport X Alcoholic beverage sales X X X Animal boarding X X X Assisted living facilities X X X Automobile service stations X X Bars X X X X Brewpubs X X X Cemeteries X Community gardens X X X X X X X X Comprehensive infill redevelopment project (CIRP) X X X X X X X 2 Congregate care X X X X Convention center X Educational facilities X X X X Environmental park X Funeral homes X X X Governmental uses X X X X X X Halfway houses X Hospitals X Indoor recreation/entertainment X X X X Light assembly X Manufacturing X Marinas X Marinas and marina facilities X X X X Medical clinic X X X X Microbreweries X X X Mixed use X X X X Nightclubs X X X X Non - residential off - street parking X X X X Nursing homes X X X X Offices X X X X X X Off -street parking X X Open space X Outdoor recreation/entertainment X X X X Outdoor storage X Overnight accommodations X X X X X X X X Parking garages and lots X X X X X X Parks and recreation facilities X X X X X X X X X X X X Places of worship X X X X Planned medical campus X Planned medical campus project X Problematic uses X Public facility X X Publishing and printing X Public transportation facilities X X X X X X X Research and technology use X Residential shelters X X Resort Attached Dwellings X Restaurants X X X X X X Retail plazas X X X Retail sales and services X X X X X X X X RV parks X Salvage yards X Schools X X X X X X X X Self - storage warehouse X X 3 Social and community centers Use Min. Lot Area (sq. ft) Min. Lot Width (ft) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) X X X n/a X n/a 15 5 5 n/a Social /public sery ice agencies 10.000 100 25 25 10 20 X X X X 10,000 100 25 25 Telecommunications towers 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 X 10 X X X X 100 25 25 10 TV /radio studios 5/1,000 GFA Mixed Use 10,000 100 25 X 10 X Based upon specific use requirements 3/1,000 SF GFA Offices 10,000 100 Urban farms 25 10 20 Overnight Accommodations 40,000 200 25 25 10 20 1 /unit X n/a n/a 25 25 Utility /infrastructure facilities X X X X X X X X X X X X X X X Vehicle sales/displays X X Vehicle sales/displays, limited X X Vehicle sales/displays, major X Vehicle service X Vehicle service, limited X Vehicle service, major X Veterinary offices X X X X Wholesale /distribution/warehouse facility X Section 2. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 702, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2 -702. "C" District Minimum Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft) Max. Height (ft.) Min. Front (ft.) Min. Side (ft.) Min. Rear (ft.) Min. Off - Street Parking Spaces Community Gardens n/a n/a n/a 15 5 5 n/a Funeral Homes 10.000 100 25 25 10 20 0.25 per seat Governmental Uses (1) 10,000 100 25 25 10 20 4/1,000 SF GFA Indoor Recreation/ Entertainment 10,000 100 25 25 10 20 5/1000 SF GFA or 5 /lane, 2 /court or 1 /machine Medical Clinic (1) 10 000 100 25 25 10 20 5/1,000 GFA Mixed Use 10,000 100 25 25 10 20 Based upon specific use requirements 3/1,000 SF GFA Offices 10,000 100 25 25 10 20 Overnight Accommodations 40,000 200 25 25 10 20 1 /unit Parks and Recreational Facilities n/a n/a 25 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards 4 Places of Worship 40,000 200 25 25 10 20 1 per 2 seats Restaurants 10,000 100 25 25 10 20 12/1,000 SF 1 space per unit Adult Uses 5,000 50 25 25 10 GFA Retail Plazas j2� 15,000 100 25 25 10 20 4/1,000 SF GFA Retail Sales and Services 10,000 100 25 25 10 20 5/1,000 SF GFA Social and Community Centers 10,000 100 25 25 10 20 5/1,000 SF GFA Vehicle Sales /Display 40,000 200 25 25 10 20 2.5/1,000 SF 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Educational Facilities(1) 40,000 200 25 25 10 Lot Sales Area Veterinary Offices 10,000 100 25 25 10 20 4 spaces per 1,000 GFA (1) Governmental uses and medical clinics shall not exceed five acres. Any such use, alone or when added to contiguous like uses which exceed five acres shall require a land use plan map amendment to Institutional which shall include such uses and all contiguous like uses. (2) Restaurants within the retail plaza may occupy up to 25 percent of the total gross floor area of the retail plaza. Any restaurant, or fraction thereof, that exceeds 25 percent must provide off - street parking at a rate consistent with the parking requirement for the restaurant use in the district. Section 3. That Article 2, Zoning Districts, Division 7, Commercial District, Section 2- 703, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * ** Table 2 -703. "C" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft) Min. Lot Width (ft.) Max. Height (ft.) Min. Front (ft.) Min. Side (ft) Min. Rear (ft.) Min. Off - Street Parking Spaces Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 space per unit Adult Uses 5,000 50 25 25 10 20 5 per 1,000 GFA Alcoholic Beverage Sales 10,000 100 25 25 10 20 5 per 1,000 GFA Automobile Service Stations 10,000 100 25 25 10 20 5/1,000 SF GFA Bars 10,000 100 25 25 10 20 10 per 1,000 GFA Brewpubs 3,500— 10,000 30-100 25-50 25 0-10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Educational Facilities(1) 40,000 200 25 25 10 20 1 per 2 students 5 Funeral Homes 3.500- 30-100 25-50 25 0-10 10- 0.25 per seat 10.000 20 Governmental Uses(1) 10,000 100 25-50 25 10 20 4 spaces per 1,000 GFA Indoor Recreation /Entertainment 5,000- 10,000 50-100 25 25 10 20 3- 5/1000 SF GFA or 3- 5 /lane, 1- 2 /court or 1 /machine Medical Clinics(1) 10,000 100 25 - 50 25 000-10 10 - 33- 5/1,000 GFA 20 Microbreweries 3,500 - 10,000 30 - 100 25 - 50 25 0 - 10 10 - 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Mixed Use 5,000- 10,000 50-100 25-50 25 0-10 10- 20 Based upon specific use requirements Nightclubs 10,000 100 25 25 10 20 10 per 1,000 GFA Offices 3,500- 10,000 30-100 25-50 25 0-10 10- 20 3/1,000 SF GFA Off - Street Parking 10,000 100 n/a 25 10 20 n/a Outdoor Retail Sales, Display and /or Storage 20,000 100 25 25 10 20 5 per 1,000 SF of outdoor display area Overnight Accommodations 20,000- 40,000 150- 200 25-50 25 0-10 10- 20 1 per unit Places of Worship(2) 20,000- 40,000 100- 200 25-50 25 10 20 .5 -1 per 2 seats Public Transportation Facilities(3) n/a n/a 10 n/a n/a n/a n/a Restaurants 3,500- 10,000 30-100 25-50 25 0-10 10- 20 7 -12 spaces per 1,000 GFA Retail Plazas 15,000 100 25-50 25 0-10 10- 20 4 spaces per 1,000 GFA Retail Sales and Services 3,500- 10,000 30-100 25-50 25 0-10 10- 20 4-5 spaces per 1,000 GFA Schools (5) 40,000 200 25 25 0-10 10- 20 1 per 3 students Social and Community Centers (1) 3,500- 10,000 35-100 25-35 25 0-10 10- 20 4-5 spaces per 1,000 GFA Utility/Infrastructure Facilities(4) n/a n/a 20 25 10 20 n/a Vehicle Sales /Displays 20,000- 40,000 150- 200 25 25 10 20 2.5 spaces per 1,000 of lot sales area Veterinary Offices 5,000- 10,000 50- 100 25 15- 25 0- 10 10- 20 4 spaces per 1,000 GFA H. Funeral homes. * * * * * * * * ** 6 1. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity; 2. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 3. Side and/or rear setback a. The reduction in side and /or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and /or rear setback results in an improved site plan, more efficient parking or improved design and appearance; c. The reduction in side and /or rear setback does not reduce the amount of landscaped area otherwise required. * * * * * * * * * * JK. Medical clinics. 1. Side and/or rear setback: a. The reduction in side and /or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and /or rear setback results in an improved site plan, more efficient parking or improved design and appearance-, c. The reduction in side and /or rear setback does not reduce the amount of landscaped area otherwise required. 2. Off - street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non - parking demand - generating purposes. 3. Height The increased height results in an improved site plan or improved design or appearance. * * * * * * * * ** Section 4. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -802, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * * * Table 2 -802. 'T" District Flexible Standard Development Standards Use' Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height' (ft.) Min. Setbacks fft.) ' Min. Off - Street Parking Min. Front (ft) Min. Side (ft) Min. Rear (ft) Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 /unit Alcoholic Beverage Sales 5,000 50 35 10— 15 10 20 5 per 1,000 GFA Attached Dwellings(6) 10,000 100 35-50 10— 15 10 10— 20 2 per unit Bars 5,000 50 35 15 10 20 10 per 1,000 GFA 7 Brewpubs 5,000— 10,000 50-100 35-50 0-15 0-10 10— 20 1.5/1,000 GFA dedicated to brewery operations and support services; and 7- 12/1,000 GFA for all other use area Governmental Uses(2) 10,000 100 35-50 10— 0-10 10— 3- 4/1,000 GFA 15 20 Indoor 5,000 50 35-50 0-15 0-10 20 10 per 1,000 Recreation /Entertainment GFA Medical Clinic 10,000 100 35-50 10— 10 20 5/1,000 GFA 15 Mixed Use 5,000— 50-100 35-50 0-15 0-10 10— Based upon 10,000 20 specific use requirements Nightclubs 5,000 50 35 15 10 20 10 per 1,000 GFA a/a n/a n/a 26 6 40 #a Offices 5,000— 50-100 35-50 0-15 0-10 10— 3/1,000 SF GFA 10,000 20 Outdoor 5,000 50 35 10— 10 20 2.5 spaces per Recreation /Entertainment 15 1,000 sq. ft. of lot area or as determined by the community development director based on ITE Manual standards Overnight Accommodations 20,000 100— 35-50 10— 0-10 10— 1.2 per unit 150 15 20 Parking Garages and Lots 20,000 100 50 15— 10 10— n/a 25 20 Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Public Transportation n/a n/a 10 n/a n/a n/a n/a Facilities(3) Resort Attached Dwellings(6) 10,000 100 35-50 10— 10 10— 1.5 per unit 15 20 Restaurants 5,000— 50-100 35-50 0-15 0-10 10— 7 -12 spaces 10,000 20 per 1,000 GFA(5) Retail Plazas 15,000 100 35-50 0-15 0-10 10— 4 spaces per 20 1,000 GFA Retail Sales and Services 5,000— 50-100 35 - 50 0-15 0-10 10— 4-5 spaces per 10,000 20 1,000 GFA(5) Social and Community Center 5,000— 50-100 35-50 10— 0-10 10— 4-5 spaces per 10,000 15 20 1,000 GFA 8 Utility/Infrastructure Facilities(4) n/a n/a n/a 25 10 10 n/a Specific use, height, setback and parking standards set forth in Section II., Future Land Use (Character Districts) and height standards and Coronado and Hamden Drives setback/stepback standards set forth in Section IV., Design Guidelines, of Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, shall supersede these standards. * * * * * * * * * * H. Medical clinic. Pr-ePeFties 2. Off stroot parking: * * * * * * * * * * existing land uccs within 1,000 feet of the parcel proposed for Division -14; will be used for storage or othcr non parking demand generating p449 c. 31. Front setback: a. The reduction in front setback contributes to a more active and dynamic street life; b. The reduction in front setback results in an improved site plan or improved design and appearance. 42. Height: The increased height results in an improved site plan or improved design or appearance. * * * * * * * * ** K. Non rosidontial off street parking. 2. No off street parking spaces arc located in the required front setback for 9 3. Off street parking spaces are screened by a wall or fence of at least four feet in deciduous- vine- 5. All parking spaces shall be surface parking. * * * * * * * * ** RQ. Resort attached dwellings. 1. Height: a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off - street parking on the ground floor of the residential building. -i c. The increased height does not exceed the height specified for residential uses for the Beach by Design character district in which the subject property is located. * * * * * * * * ** Section 5. That Article 2, Zoning Districts, Division 8, Tourist District, Section 2 -803, Flexible Development, Community Development Code be amended to read as follows: L. Resort attached dwellings. * * * * * * * * * * * * * * * * * * ** 2. Height. a. The increased height results in an improved site plan or improved design and appearance; b. The increased height is necessary to allow the improvement of off - street parking on the ground floor of the residential building -i c. The increased height does not exceed the height specified for residential uses for the Beach by Design character district in which the subject property is located. * * * * * * * * * * Section 6. That Article 2, Zoning Districts, Division 9, Downtown District, Section 2- 902, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * * * Table 2 -902. 'D" Flexible Standard Development Standards Use Max. Height (ft.) Min. Off - Street Parking Accessory Dwellings n/a n/a 10 Alcoholic Beverage Sales 30-50 3-5 per 1,000 GFA Attached Dwellings 30-50 1 -1.5 per unit Bars 30-50 3-10 per 1,000 GFA Brewpubs 30 -50 1/1,000 GFA dedicated to brewery operations and support services; and 5- 10/1,000 GFA for all other use area (1) Community Gardens n/a n/a Convention Center 30-50 5 per 1,000 GFA Indoor Recreation /Entertainment Facility 30-50 3-5 per 1,000 GFA(1) Microbreweries 30-50 1/1,000 GFA dedicated to brewery operations and support services; and 5- 10/1,000 GFA for all other use area (1) Mixed Use 30-50 Based upon specific use requirements Nightclubs 30-50 3-10 per 1,000 GFA Offices 30-50 1 -3 per 1,000 GFA(1) Overnight Accommodations 30-50 .75-1 per unit Parking Garages and Lots 50 n/a Parks and Recreation Facilities 50 1 per 20,000 SF or as determined by the community development coordinator based on ITE Manual standards Places of Worship 30-50 .5-1 per 2 seats Public Transportation Facilities 10 n/a Restaurants 30-50 5-10 per 1,000 GFA(1) Retail Plazas 30-50 4 per 1,000 GFA Retail Sales and Service 30-50 2-4 per 1,000 GFA(1) Social and Community Centers 30-50 2-4 per 1,000 GFA Utility/Infrastructure Facilities n/a n/a * * * * * * * * * * Microbreweries. 1. The parcel proposed for development is not contiguous to a parcel of land which is designated as residential in the Zoning Atlas: 2. No more than 75 percent of the total gross floor area shall be used for the brewery function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and kegaina lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks; 3. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from adjacent properties by landscaped walls or fences. 4. Off - street parking: a. Adequate off - street parking is available on a shared basis as determined by all existing land uses within 1,000 feet of the parcel proposed for development, or parking is available through any existing or planned and 11 committed parking facilities or the shared parking formula in Article 2, Division 14: or b. The reduction in off - street parking is justified by the reasonably anticipated automobile usage of visitors to the subject property; and c. That there is access to mass transit within 1,000 feet of the subject property. 5. The design of all accessory buildings complies with the Downtown District design guidelines in Division 5 of Article 3. * * * * * * * * * * Section 7. That Article 2, Zoning Districts, Division 10, Office District, Section 2- 1002, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2 -1002. "O" District Minimum Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off - Street Parking Front Side Rear Funeral Homes 10.000 100 30 25 10 20 0.25 per seat Community Residential Homes 6,000 60 30 Medical Clinic 10.000 100 30 25 10 20 5/1,000 GFA 25 10 20 2- 3/1,000 GFA Offices 10,000 100 30 25 10 20 3/1,000 sq. ft. GFA Parks and Recreation Facilities n/a n/a 50 25 10 20 1 per 20,000 SF land area or as determined by the community development director based on ITE Manual standards Places of Worship (1) 40,000 200 30 35 20 20 1 per 2 seats Schools 40,000 200 30 35 20 20 1/3 students * * * * * * * * * * Section 8. That Article 2, Zoning Districts, Division 10, Office District, Section 2- 1003, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * * * Table 2 -1003. "0" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft) Max. Height (ft.) Min Setbacks (ft.) Min. Off - Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 /unit Community Residential Homes 6,000 60 30 25 10 10 1 per 2 residents Educational Facilities 3,500 50 30 -50 25 10 20 2- 3/1,000 GFA Funeral Homes 3.500- 50 -100 30 -50 15 -25 10 10 -20 0.25 per seat 10.000 Medical Clinic 20,000 10.000 100 30 -50 3615- 25 2810 10 -20 5/1,000 GFA Nursing Homes 20,000 100 30 35 20 20 1 per 2 residents 12 Offices 3,500- 10,000 50 -100 30 -50 15-25 10 10 -20 2- 3/1,000 sq. ft. GFA Off - Street Parking 3,500 50 n/a 25 10 20 n/a Places of Worship (1) 20,000- 40,000 100 -200 30 -50 25-35 10-20 10 -20 1 per 2 seats Public Transportation Facilities(2) n/a n/a 10 n/a n/a n/a n/a Restaurant n/a n/a n/a n/a n/a n/a n/a Retail Sales and Service n/a n/a n/a n/a n/a n/a n/a TV /Radio Studios 40,000 200 35 35 20 20 5/1,000 GFA Utility /Infrastructure Facilities(3) n/a n/a n/a 35 20 20 n/a Veterinary Offices 5,000 50 30 25 10 20 4/1000 GFA * * * * * * * * ** D. Funeral homes. 1. Lot area and/or width: The reduction shall not result in a building which is out of scale with existing buildings in the immediate vicinity: 2. Height The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 3. Side and/or rear setback: a. The reduction in side and /or rear setback does not prevent access to the rear of any building by emergency vehicles; b. The reduction in side and /or rear setback results in an improved site plan, more efficient parking or improved design and appearance: c. The reduction in side and /or rear setback does not reduce the amount of landscaped area otherwise required. E. Medical clinic. pfapefties7 1. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum required or improved design and appearance; 2. Front and/or rear setback: The reduction in front and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and /or results in landscaping in excess of the minimum required. * * * * * * * * * * Section 9. That Article 2, Zoning Districts, Division 10, Office District, Section 2- 1004, Flexible Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * ** Table 2 -1004. "0" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Max. Height (ft.) Min. Setbacks (ft.) Min. Off - Street Parking Front Side Rear Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community 13 * * * * * * * * ** B. Medical clinic: 1. The uce of the parcel proposed for development is compatible with the and- appeafance- 5. Front sotback: Thc rcduction in front setback results in an improved site plan or 6. Side and rear setbacks: a. Thc rcduction in side and rear setback does not prevent access to the b. The reduction in side and rear setback results in an improved cite plan, more efficient parking or improved design and appearance and * * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2 -1202, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2 -1202. "1" District Minimum Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) development director based on the specific use and/or ITE Manual standards Medical - Clinic 28,000 400 30-50 45-- 35 40— 20 40— 20 5/17000 -GFA Mixed Use 3,500 50 30-80 15— 35 10— 20 10— 20 Based upon specific use requirements Nursing Homes 20,000 100 30-50 15— 35 10— 20 10— 20 1 per 2 residents Telecommunication Towers 10,000 100 Refer to Section 3 -2001 25 10 20 n/a TV Radio Studios 20,000— 40,000 100— 200 35-80 15— 35 10— 20 10— 20 3- 5/1,000 GFA * * * * * * * * ** B. Medical clinic: 1. The uce of the parcel proposed for development is compatible with the and- appeafance- 5. Front sotback: Thc rcduction in front setback results in an improved site plan or 6. Side and rear setbacks: a. Thc rcduction in side and rear setback does not prevent access to the b. The reduction in side and rear setback results in an improved cite plan, more efficient parking or improved design and appearance and * * * * * * * * * * Section 10. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2 -1202, Minimum Standard Development, Community Development Code be amended to read as follows: * * * * * * * * * * Table 2 -1202. "1" District Minimum Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off - Street Parking Front Side Rear Assisted Living Facilities 20,000 100 25 10 20 50 1 per 2 residents 14 Cemeteries 20,000 100 25 10 20 50 n/a Community Gardens n/a n/a 15 5 5 n/a n/a Congregate Care 20,000 100 25 10 20 50 1 per 2 residents Educational Facilities 40,000 200 25 10 20 50 1 per 2 students Funeral Homes 20.000 100 25 10 20 50 0.25 per seat 50 0.25 per seat 20.000 Governmental Uses 20,000 100 25 10 20 50 4 per 1,000 SF GFA Hospitals 5 acres 250 25 25 25 50 2/bed Medical Clinic 10.000 100 25 10 20 50 5 per 1,000 SF 15-25 10 15 - 20 GFA 5/1000 SF Nursing Homes 20,000 100 25 10 20 50 1 per 2 residents Places of Worship 20,000 100 25 10 20 50 1 per 2 seats Parks and Recreation Facilities n/a n/a 25 10 20 50 1 per 20,000 SF land area or as determined by the community development coordinator based on ITE Manual standards Schools 40,000 200 25 10 20 50 1 per 3 students * * * * * * * * ** Section 11. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2 -1203, Flexible Standard Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * * * Table 2 -1203. "1" District Flexible Standard Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off - Street Parking Front Side Rear Accessory Dwellings n/a n/a n/a n/a n/a n/a 1 /unit Airport n/a n/a n/a n/a n/a n/a n/a Educational Facilities 40,000 200 15-25 10 15-20 50 0.5-1 per 2 students Funeral Homes 15.000- 100 15 -25 10 15 -20 50 0.25 per seat 20.000 Halfway Houses 10,000 100 15-25 10 15-20 30 1 per 2 residents Hospitals 1 -5 acres 100 -250 15-25 10-25 15-25 50 1 -2/bed Medical Clinic 20,000 100 15-25 10 15 - 20 38 50 5/1000 SF 15 * * * * * * * * * * D. Funeral homes. 1. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front and/or rear setback: The reduction in front and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and /or results in landscaping in excess of the minimum required. E. Hospitals. * * * * * * * * ** * * * * * * * * ** * * * * * * * * * * Q. Medical clinic. 1. The use of the parcel proposed for development is compatible with the s nding-area. 21. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. _ 32. Rear setback: The reduction in side andieF rear setback is necessary to preserve protected trees and /or results in an improved site plan or 16 10.000 Parking Garages and Lots 20,000 100 15-25 10 15-20 50 n/a Places of Worship 20,000 100 15-25 10 15-20 50 0.5-1 per 2 seats Planned Medical Campus Project Based upon approved Planned Medical Campus Public Transportation Facilities n/a n/a n/a n/a n/a 10 n/a Residential Shelters 10,000 100 15-25 10 15-20 30 1 per 2 residents Retail Sales and Service 10,000 100 15-25 10 15-20 50 5 per 1,000 SF GFA Utility /Infrastructure Facilities(1) n/a n/a 15-25 10 15-20 n/a n/a Assisted Living Facilities 15,000— 20,000 100 25 5 -10 10 -20 50 1 per 2 residents Nursing Homes 15,000_ 20.000 100 -150 25 5 -10 15 -20 50 1 per 2 residents Social and Community Centers 20,000 100 15-25 10 15-20 30--48 50 4-5 per 1,000 GFA Congregate Care 20,000 100 25 5 -10 10-20 50 1 per 2 residents * * * * * * * * * * D. Funeral homes. 1. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 2. Front and/or rear setback: The reduction in front and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and /or results in landscaping in excess of the minimum required. E. Hospitals. * * * * * * * * ** * * * * * * * * ** * * * * * * * * * * Q. Medical clinic. 1. The use of the parcel proposed for development is compatible with the s nding-area. 21. Front setback: The reduction in front setback results in an improved site plan or improved design and appearance. _ 32. Rear setback: The reduction in side andieF rear setback is necessary to preserve protected trees and /or results in an improved site plan or 16 more efficient design and appearance and results in landscaping in excess of the minimum required. * * * * * * * * ** NO. Assisted living facilities. * * * * * * * * ** 6. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 7. Side and/or rear setback: The reduction in side and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. 8P. Nursing homes. * * * * * * * * * * 3. Lot area and/or lot width: The reduction in lot area and /or lot width will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Side and/or rear setback. The reduction in side and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and results in landscaping in excess of the minimum required. PQ. Social and community centers. * * * * * * * * * * mod- 2. Front and/or rear setback: The reduction in front and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and /or results in landscaping in excess of the minimum required. 3. Off - street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non - parking demand - generating purposes. QR. Congregate care. * * * * * * * * * * 5. Side and/or rear setback. The reduction in side and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more 17 efficient design and appearance and results in landscaping in excess of the minimum required. * * * * * * * * * * Section 12. That Article 2, Zoning Districts, Division 12, Institutional District, Section 2 -1204, Flexible Development, Community Development Code be amended to read as follows with subsections re- lettered as appropriate: * * * * * * * * ** Table 2 -1204. "1" District Flexible Development Standards Use Min. Lot Area (sq. ft.) Min. Lot Width (ft.) Min. Setbacks (ft.) Max. Height (ft.) Min. Off - Street Parking Front Side Rear Comprehensive Infill Redevelopment Project n/a n/a n/a n/a n/a n/a Determined by the community development coordinator based on the specific use and /or ITE Manual standards Marinas and Marina Facilities 5,000 50 15-25 10-15 0-20 30 1 per 2 slips Planned Medical Campus 50 acres 250 25 25 25 60-110 Determined by the community development coordinator based on the specific use and /or ITE Manual standards 20,000 400 15 25 40 0 69 4-5-per-1000 6FA Social /Public Service Agencies 10,000— 20,000 100 15-25 10 15-20 50 2 -3 per 1,000 GFA Telecommunication Towers 10,000 100 25 10 20 Refer to Section 3 -2001 n/a D. Social and community centers. * * * * * * * * * * - - -- - - -- - - - - - - - - required. €D. Social/public service agencies. 18 1. The parcel proposed for development does not abut any property designated as residential in the Zoning Atlas. 2. The social /public agency shall not be located within 1,500 feet of another social /public service agency. required. 3. Lot area: The reduction in lot area will not result in a building which is out of scale with existing buildings in the immediate vicinity of the parcel proposed for development. 4. Front and/or rear setback: The reduction in front and /or rear setback is necessary to preserve protected trees and /or results in an improved site plan or more efficient design and appearance and /or results in landscaping in excess of the minimum required. 5. Off - street parking: The physical characteristics of a proposed building are such that the likely uses of the property will require fewer parking spaces per floor area than otherwise required or that the use of significant portions of the building will be used for storage or other non - parking demand - generating purposes. * * * * * * * * * * Section 13. That Article 3, Development Standards, Division 9, General Applicability Standards, Section 3 -909, Outdoor Cafes Located Within Public Right(s) -of -Way, Community Development Code be amended to read as follows: A. * * * * * * * * * * Applicability. A bar, brewpub, indoor recreation /entertainment facility, microbrewerv. nightclub, restaurant, take -out food establishment with no indoor seating, or other use which includes the sale and or consumption of food or drink as determined by the Community Development Coordinator, may establish an outdoor cafe. Outdoor cafes shall be exempt from parking requirements. 1. Outdoor cafes are allowed only in /on: a. The Downtown District; b. Those properties located in the Commercial District subject to the Clearwater Downtown Redevelopment Plan; c. Those properties located in the Tourist District on Clearwater Beach; and d. The east side of that area known as Beach Walk as existing on the east side of Gulfview Boulevard between the northerly terminus of Beachwalk south of the Gulfview /Coronado confluence and the southern terminus of Beach Walk approximately 330 feet south of Fifth Street and as located within the Beach Walk District as provided in Beach by Design and further 19 located in the Open Space /Recreation [OS /R] District on Clearwater Beach provided the outdoor cafe is in conjunction with a permitted restaurant in the adjacent Tourist District. 2. Special provisions of this section apply to outdoor cafes located within the Cleveland Street Cafe District. B. Application process. The community development coordinator shall review all outdoor cafes as an allowable encroachment into the public right(s) -of -way subject to compliance with the location, design and operational requirements below. C. Location and design requirements. 1. Outdoor cafes are restricted to the sidewalk frontage of the subject business applying for a permit, except that outdoor cafes located within the Cleveland Street Cafe District may extend the linear distance of any adjacent business frontage, in accordance with the provisions of section 3- 909.D.10. 2. Outdoor cafes shall be located in a pedestrian movement: a. An unobstructed pedestrian maintained at all times. manner that promotes efficient and direct path at least five feet wide shall be b. Within the Cleveland Street Cafe District the pedestrian path shall be maintained parallel to the abutting business. c. An unobstructed passage shall be provided to building entrances which shall include at least two feet of clearance on each side of all entrances. d. The community development coordinator mav require a wider pedestrian path than established above, and /or that the pedestrian path is delineated by those means set forth in subsection 7, below. e. Failure to comply with anv of the above requirements mav result in the revocation of the outdoor cafe permit pursuant to Section 3- 909.E.4. 3. All furnishings shall be of good design and made of quality materials. 4. No tables, chairs or any other furnishing or item shall be chained or attached to any building, sidewalk, tree, post, sign or other fixture. 5. No furniture shall be permitted within the sight visibility triangle as required by the Community Development Code. Furniture shall not be placed within four feet of bus stops, telephone booths, fire hydrants, or counter service windows or within two feet of any entrances and /or exits. 6. Outdoor cafes pursuant to Section 3- 909.A.1.d, above, are restricted to sidewalk frontage of the subject business applying for a permit and may extend no more than 25 feet from the facade of the subject business. Under no circumstances may any portion of an outdoor cafe extend into or obstruct any portion of the main pedestrian thoroughfare (promenade) of Beach Walk. 20 7. The perimeter of outdoor cafes may be defined through the use of self - supporting fencing, landscape planters, or other such devices and methods as presented to and approved by the city. 7-8. Any area in which an outdoor cafe is permitted shall be clearly delineated on a drawing accurately depicting the area and specifically delineating where alcohol beverage sales are intended to occur. Such a drawing shall be submitted to and approved by the city as part of a Level One approvals- appksable. * * * * * * * * ** E. Revocation of permit. Upon revocation of a permit, the community development coordinator shall give written notice of such action by certified mail, return receipt requested, to the permittee at the address listed on the application, stating the reason(s) for revocation. The revocation shall become effective 15 days following mailing of the notice if not appealed as provided in section 4 -501A. The community development coordinator may revoke a permit for any outdoor cafe if it is found that: 1. Any necessary business or health permit has been suspended or revoked; or 2. Changing conditions of pedestrian or vehicular traffic cause congestion necessitating the removal of the outdoor cafe. Such decision shall be based upon findings of the community development coordinator, after consulting with the city engineer, that the existing conditions represent a danger to the health, safety or general welfare of the public and cannot be resolved through modification to the outdoor cafe layout; or 3. The outdoor cafe operator fails to comply with one or more requirements of the permit. 4. The outdoor cafe is deemed to be a threat to public safety, in which case the permit may be revoked immediately without notice or compliance with the requirements described above. 5. The outdoor cafe is deemed by the city to not be in the city's or the public's best interest, no longer meets the purpose and /or intent of the zoning district or any applicable overlay /special area plan and /or is simply no longer a desired use /activity. Section 14. That Article 3, Development Standards, Division 12, Landscaping/Tree Protection, Section 3 -1202, General Landscaping Standards, Community Development Code be amended to read as follows: Section 3 -1202. - General landscaping standards. A. Applicability. * * * * * * * * * * 21 3. Existing developed lots. Existing Tots not meeting the requirements contained in this section division shall be brought into full compliance under one or more of the following conditions: * * * * * * * * ** Section 15. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3 -1401, Parking, Community Development Code be amended to read as follows: Section 3 -1401. - Parking. B. Applicability. * * * * * * * * * * * * * * * * * * ** 3. Existing parking lots. Existing parking Tots not meeting the requirements contained in this section division shall be brought into full compliance under one or more of the following conditions: * * * * * * * * * * Section 16. That Article 3, Development Standards, Division 14, Parking and Loading, Section 3 -1406, Off - Street Loading and Vehicle Stacking Spaces, Community Development Code be amended to read as follows: Section 3 -1406. - Off - street loading and vehicle stacking spaces. A. Off - street loading: * * * * * * * * ** 2. Guidelines: The following table sets forth the guidelines to be used in determining the adequacy of off - street loading for all proposed development, except for such development within the Downtown (D) District and those portions of the Tourist (T) districts District located on Clearwater Beach where such facilities are not required: * * * * * * * * * * Section 17. That Article 5, Decisionmaking and Administrative Bodies, Section 5 -302, Development Review Committee, Community Development Code be amended to read as follows: Section 5 -302. - Responsibilities /procedures. All applications for development approval shall be reviewed by the development review committee. The committee shall provide technical support to project applicants, as well as providing a determination of sufficiency of an application. The community development coordinator shall make the final decision, in the case of level one approvals, or submit a staff recommendation in the case of level two or level three approvals. * * * * * * * * * * 22 Section 18. That Article 8, Definitions and Rules of Construction, Section 8 -102, Definitions, Community Development Code be amended to read as follows: * * * * * * * * * * Beer garden means an open air, roofed or unroofed area accessory to a microbrewery, where beer and /or other alcoholic beverages are served or consumed. * * * * * * * * * * Brewpubs means establishments that are primarily a restaurant or bar, but which include the brewing of beer as an accessory use. A brew pub produces only enough beer for consumption on the premises or for retail carryout sale in containers commonly referred to as growlers, whisk which is an individual container that holds 32, 64, or 128 ounces. Brewpubs may sell beer in an unlimited number of keg containers larger than a U.S. gallon for special events, the primary purpose of which is the exposition of beers brewed by brewpubs and microbreweries, which include the participation of at least three such brewers; and for City co- sponsored events where the purpose of the event is not for commercial profit and where the beer is not wholesaled to the event co-sponsors but is instead, dispensed by employees of the brewpub. * * * * * * * * ** Dwellings, resort attached means a- dwelling -unit an attached dwelling use located in the Tourist (T) zoning district and-the occupancy of which may occur or which may be offered or advertised as being available for any term. * * * * * * * * * * Funeral homes means a facility used for the preparation of the deceased for burial or interment, and ceremonies connected therewith before burial or cremation. The use may include the storage and sale of caskets, funeral urns, and other related funeral supplies and the storage of funeral vehicles. * * * * * * * * * * Wig. Light assembly means a use engaged in the manufacture of products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales, and distribution of such products, occurring entirely within enclosed buildings. This use shall not include or allow for any exterior storage or processing of equipment or materials of any kind. Noise, odor, smoke, heat, glare, vibration, hazardous chemicals, and other impacts must be entirely contained within enclosed buildings. * * * * * * * * * * 23 Manufacturing means a use engaged in the manufacture of products or parts, including processing, fabrication, assembly, treatment, packaging, storage, sales, and distribution of such products. This use may include or allow for exterior storage of equipment or materials, provided that impacts are contained on -site and do not negatively affect adjacent land uses. * * * * * * * * * * Medical clinic means an establishment where patients, who are not lodged overnight, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health - building services to individuals, the practice of which is lawful in the etato and- in-the -city State of Florida. This definition does not include a place for the treatment of animals nor does it include psychologists, social workers, massage therapists, and physical therapists. * * * * * * * * * * Microbreweries means establishments that are primarily a brewery, which produce no more than 15,000 barrels (465,000 U.S. gallons /17,602.16 hectoliters) of beer per year, and includes either a restaurant, bar or taproom as an accessory use. A microbrewery may also include a beer garden as an accessory use. Microbreweries sell to the general public by one or more of the following methods: the traditional three -tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer); and, directly to the consumer for consumption on the premises or for retail carryout sale. For the purposes of this Code micro - distilleries and micro - wineries shall constitute a microbrewery. * * * * * * * * ** Print shops means a small -scale retail establishment that provides production services for construction documents and plans, copies, flyers, maps, newsletters, resumes, and similar items, as well as small -scale 3D printing. * * * * * * * * * * Research and technology use means a use engaged in the research, testing, and development of goods, materials, or products, occurring entirely within enclosed buildings. Manufacturing uses conducted on the premises shall be limited to those needed for experimental or testing purposes. Research and technology uses may include the exterior storage of materials and equipment subject to those applicable provisions of this Code. * * * * * * * * ** Retail sales and services means a building, property, or activity the principle use or purpose of which is the sale or lease of goods, products, materials, or services directly to the consumer, including grocery stores, bicycle stores (sales, rentals and /or repair), adult day care, child care, personal services, animal grooming, funeral homes print shops art galleries, artisans, farmer markets, and including the sale of alcoholic beverages for off - premises consumption provided that the sale of alcoholic beverages is subordinate to the principal use and display of alcoholic 24 beverages occupies Tess than 25 percent of the floor area of the use. Not including problematic uses, street vendors or the on- premise consumption of alcoholic beverages. * * * * * * * * * * Vehicle service means an activity conducted entirely within an enclosed structure primarily involved in servicing or repairing of automobiles, motorcycles, trucks, boats, recreational vehicles and other similarly sized vehicular or transport mechanisms or heavy machinery. Vehicle services include washing, waxing, changing oil, tuning, installing tires mufflers or detailing, window tinting, shock absorbers, and painting. * * * * * * * * ** Section 19. Amendments to the Community Development Code of the City of Clearwater (as originally adopted by Ordinance No. 6348 -99 and subsequently amended) are hereby adopted to read as set forth in this Ordinance. Section 20. The City of Clearwater does hereby certify that the amendments contained herein, as well as the provisions of this Ordinance, are consistent with and in conformance with the City's Comprehensive Plan. Section 21. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 22. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with applicable law. Section 23. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Camilo A. Soto Assistant City Attorney 25 DEC 17 2015 JAN 2 1 901R — ceD /teACr, kos George N. Cretekos Mayor Attest: Rosemarie Call City Clerk