9664-23 DocuSign Envelope ID:817F17B4-CBAB-4331-95EE-63739AE97E9F
ORDINANCE NO. 9664-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, APPENDIX C,
DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS, BY AMENDING
DIVISION 3. CHARACTER DISTRICT STANDARDS, DIVISION 4. FRONTAGE
STANDARDS, AND DIVISION 8. FLEXIBILITY; CERTIFYING CONSISTENCY
WITH THE CITY'S COMPREHENSIVE PLAN AND PROPER ADVERTISEMENT;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater adopted the Community Development Code on
January 21, 1999, which took effect on March 8, 1999; and
WHEREAS, on August 2, 2018, the City adopted a new Downtown District and
Development Standards as Appendix C of the Community Development Code to ensure
Downtown redevelops with quality urban design, a high-quality public realm, and a dense and
livable pattern of development; and
WHEREAS, the Public Amenities Incentive Pool was established by the Clearwater
Downtown Redevelopment Plan ("Downtown Plan") to achieve the City's vision for Downtown
Clearwater as the urban core and heart of the City which will be an attractive place to live, work,
shop, and play and to overcome the numerous constraints affecting redevelopment; and
WHEREAS, the Public Amenities Incentive Pool provides projects an opportunity to gain
additional density or increased floor area ratio when certain amenities that directly relate to the
Downtown Plan's redevelopment goals are incorporated; and
WHEREAS, the City desires to streamline the allocation process by utilizing a two-tiered
approach, with certain density or intensity increases approvable by the Community Development
Coordinator; and
WHEREAS, the City has determined where the Community Development Code also
needs clarification and revision in other sections relating to transition areas, step backs, and
setbacks in Downtown; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout Downtown; and
WHEREAS, the City has determined that these amendments to the Community
Development Code promote and support the public health, safety, morals, and welfare, of the
City's residents; and
WHEREAS, at a duly noticed public meeting the Clearwater Community Development
Board, pursuant to its responsibilities as the Local Planning Agency, has reviewed this
amendment, conducted a public hearing, considered all public testimony and has determined that
this amendment is consistent with the City of Clearwater's Comprehensive Plan and
recommended that the City Council adopt this amendment; and
WHEREAS, the City Council has fully considered the recommendation of the Community
Development Board and testimony and evidence submitted at its public hearing; now therefore,
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DocuSign Envelope ID:817F17B4-CBAB-4331-95EE-63739AE97E9F
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, Section C-301. Development Potential, be amended to read as
follows, and all subsequent tables and applicable references within Appendix C. be renumbered
accordingly:
Section C-301. — Development potential.
A. Maximum Development Potential.
1. Development in the Downtown District shall be consistent with the development potential
set forth by location in the Clearwater Downtown Redevelopment Plan. Properties within
the Downtown District shall have a future land use of Central Business District (CBD),
which is consistent with the Activity Center (AC) Countywide Plan Map category and the
Special Center subcategory in the Countywide Plan for Pinellas County. The maximum
development potential set forth for each established character district is shown on Figures
3 through 7. Residential uses and overnight accommodation uses are regulated by
density, or units per acre, while nonresidential uses are regulated by intensity, or floor
area ratio (FAR). The development potential for mixed-use projects shall be determined
consistent with Section 3-902.
2. The Public Amenities Incentive Pool and the Pool allocation process ares established in
the Clearwater Downtown Redevelopment Plan. The Pool allows for density and/or
intensity increases f^FtS in excess of the allowable maximum development
potential established for a parcel for projects that meet the goals, objectives, and policies
of the Redevelopment Plan and are consistent with the vision established for the
character district in which the projects are located. There are two approval processes
available for projects requesting an allocation of units or intensity from the Pool,
established herein.
a. Pursuant to Sections 4-201 and C-901, a pre-application conference shall be required
for projects in the Downtown District. This meeting should also be used to vet any
request for development potential from the Public Amenities Incentive Pool, the public
amenities to be proposed, as well as any requested height bonus.
b. Tier 1 — Streamlined Allocation Process: The Community Development Coordinator
may approve allocations of density and/or intensity from the Public Amenities
Incentive Pool for certain projects in the Downtown District as part of a Level One
(Flexible Standard Development) approval, consistent with the following:
1. Protects must meet the specific criteria listed in Table 1. Tier 1 Public Amenities
Incentive Pool Criteria.
2. Pursuant to Section 3-902, vertical mixed-use projects are permitted to utilize the
full allocation of residential density and nonresidential intensity.
For example, a vertical mixed-use project on a 1.0-acre parcel in the Downtown
Core that includes rental residential units and Class A office space, consistent
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with Table 1, could achieve a total density of 105 dwelling units per acre and a
5.0 FAR, as illustrated below.
75 du/ac (maximum base density in Downtown Core)
+ 30 du/ac (40% density bonus, min. 50% units residential rental)
105 du/ac (105 dwelling units permitted)
4.0 FAR (maximum base intensity in Downtown Core)
+ 1.0 FAR (25% FAR bonus, min. 25% of building's rentable floor
area is dedicated to office use and is Class A Office space)
5.0 FAR (217,805 SF permitted)
c. Tier 2— Public Hearing Allocation Process: The Community Development Board may
approve allocations of density and/or intensity from the Pool for projects as part of a
Level Two (Flexible Standard Development) approval, including projects that do not
qualify for the Tier 1 — Streamlined Allocation Process, consistent with the following_
1. Projects mustt incorporate one or more improvements and/or payment of fees
in-lieu of certain improvements that PFE)Vide a diFeet benefit to Downtown
Fevotainzatm„r consistent with the eligible amenities listed in the Clearwater
Downtown Redevelopment Plan.
2. Pursuant to Section 3-902, vertical mixed-use projects are permitted to utilize the
full allocation of residential density and nonresidential intensity.
d. Protects requesting dwelling units and/or floor area through a Tier 1 or Tier 2
allocation process that are located on properties not identified as transitional
properties on Figure 8. Maximum Height & Height Transitions may request an
increase in height consistent with the following:
1. The determination about the height bonus will be based on the extent of the manor
amenities provided, project design, and compatibility with surrounding properties.
There shall be a reasonable relationship between the extent of the allocation
requested and increases in height.
2. Increased height shall not exceed 20 percent of the maximum permitted height or
a minimum height of 10 feet.
e. Where a project is approved to utilize a payment in-lieu of a public amenity, payment
shall be made prior to issuance of any building permit to construct building
foundation(s) or vertical improvements based on the total construction cost.
f. Development potential obtained through this allocation process shall not be
transferred to any other site under any circumstances.
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Table 1.Tier 1 Public Amenities Incentive Pool Criteria
e
Rental residential units' provided in project Residential (du/ac) 40% 40% 40% 40% 40%
consistent with one of the following: Hotel (ov/ac) _ _ _ _ _
• Minimum 25%gross floor area is rental Floor Area (FAR)
residential for a mixed-use project; or
• Minimum 50%of units are dedicated rental if
project is residential-only.
Residential units' provided in project consistent with Residential (du/ac) 201/o 20% 20% 20% 20%
one of the following: Hotel (ov/ac)
• Minimum 25%gross floor area is residential for Floor Area (FAR)
a mixed-use project: or
• Project is residential-only 100% residential .
Class A Office space provided in project consistent Residential (du/ac)
with all of the following: Hotel (ov/ac) -- - - --
• Minimum 25%of buildinq's aggregate rentable Floor Area (FAR) 251/6 - - 20%
floor area as defined by the Building Owners
and Managers Association International
(BOMA)is solely reserved for occupancy by
office uses; and
• Such rentable floor area is Class A as
determined by the Economic Development and
Housin Director.2
Hotel use includes a minimum of 20%of gross floor Residential (du/ac) --
area comprised of public function space(e.g., Hotel (ov/ac) 25%
meeting rooms ballrooms ban uet halls). Floor Area FAR -- -- -- -- --
LEED Gold certification or equivalent as determined Residential (du/ac) 35% 35% 35% 35% 35%
by the Community Development Coordinator Hotel (ov/ac) 20% 20% 20% 20% 20%
achieved when project constructed.3 Floor Area FAR 20% 20% 20% 20% 20%
Public parking provided through one of the following: Residential (du/ac) 35% 35% 35% 35% 35%
• Structured parking that includes a minimum of Hotel (ov/ac) 20% 20% 20% 20% 20%
10%of all required vehicle parking spaces or Floor Area (FAR) 201/6 20% 20% 20% 20%
20 spaces total, whichever is greater, reserved
for public parking; or
• Financial support to the city's parking fund or
its successor fund equal to one and one
quarter of a percent(1.25%)of the aggregate
job value.
Property frontage(s)meet the city's streetscape Residential (du/ac) 35% 35% 35% 35% 35%
standards consistent with the Master Streetscape Hotel (ov/ac) 20% 20% 20% 20% 20%
Plan within the Clearwater Downtown Floor Area (FAR) 201/o 20% 20% 20% 20%
Redevelopment Plan or as determined by the
Community Development Coordinator and City
Engineer(e.g.,wider sidewalks, decorative street
lighting,street furniture .
Electric Vehicle(EV) Parking Spaces provided in Residential (du/ac) 15% 15% 15% 15% 15%
project consistent with all of the following: Hotel (ov/ac) 10% 10% 10% 10% 10%
• Minimum 20%of all required parking spaces Floor Area (FAR) 10% 10% 10% 10% 10%
and a minimum 10%for all additional parking
spaces(not required), or 10 spaces total,
whichever is greater, are EV-Ready;4 and
• Minimum 5% of all required parking spaces
and a minimum of 2%for all additional parking
spaces(not required), or two spaces,
whichever is greater, have electrical vehicle
4 Ordinance No. 9664-23
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supply equipment(EVSE)with Level 2
charging capacity or greater installed.
Public art provided through one of the following: Residential (du/ac) 10% 10% 10% 10% 10%
• Minimum one percent(1%)of the aggregate Hotel (ov/ac) 5% 5% 5% 5% 5%
lob value up to the sum of$350,000 per project Floor Area (FAR) 5% 5% 5% 5% 5%
for the provision of public art located in publicly
accessible locations'; or
• Financial support to the city's public art fund or
its successor fund equal to three quarters of
one percent(0.75%)of the aggregate mob value
(applies to any portion of bonus requested).
Footnotes:
1. Projects providing affordable or workforce housing shall provide to the Community Development Coordinator a restrictive
covenant,duly executed by the owner of the parcel(s),in a form approved by the city attorney,that has been recorded in the
Public Records of Pinellas County, Florida.This covenant shall:address income restrictions:homebuyer or tenant
qualifications;long-term affordability,any other applicable restrictions and qualifications pertaining to the development and
the reserved affordable or workforce housing units:and shall run with the land and shall be binding on the assigns, heirs
and successors of the applicant. Reserved affordable or workforce housing units that are provided under this section,
whether rental or owner-occupied,shall remain as affordable housing for a minimum of 15 years from the date of initial
occupancy. Prior to June 1st of each year,the property owner(s)or authorized property manager of any reserved rental
affordable or workforce housing dwelling unit shall submit to the city's Economic Development and Housing Department
Director an annual report for the preceding calendar year, in a format as approved by the city,in order for the city to verify
that the tenants meet the income requirements for the reserved rental affordable housina dwelling units and that other
stipulations in the covenant are being met.
2. Class A office space is defined as office space that features the finishes,amenities, building systems,and services within
the building based upon the best quality 1%of office space present in the Tampa-St.Petersburg-Clearwater Metropolitan
Statistical Area,and shall be verified by the city's Economic Development and Housing Director.
3. Applicant shall submit the LEED Project Checklist or equivalent documentation prior to building permit issuance.
Additionally,applicant shall post a bond at time of building permit application equal to the cost to construct the equivalent
number of units received from the density bonus utilizing the rental or other residential housing bonus detailed in this table.
If the project does not achieve LEED Gold certification,this bond shall be forfeited,and monies deposited into the city's
housing trust fund or its successor fund.
4. To be EV Ready the proiect must include a dedicated electrical circuit with sufficient capacity for future dedicated Level 2
charging or greater provided for each required space. Each circuit shall have conduit and wire sufficient to provide Level 2
charging or greater and shall end at an electrical box or enclosure located near each required space.
5. Aggregate job value shall be the combined job value of all building permits required for the construction of the proiect(e.a.,
site work,permits for individual structures,etc.)
du/ac=dwelling units per acre FAR=floor area ratio
ov/ac=overnight accommodation units per acre
3. Residential density on parcels proposed for development within the Downtown Gateway
Character District which have frontage along Street Type F shall be limited to no more
than two dwelling units on local streets, including one duplex or a detached dwelling with
carriage house only, or three dwelling units on collector streets, including one duplex and
one carriage house.
Section 2. That Appendix C. Downtown District and Development Standards, Division
3. Character District Standards, Section C-302. Building Height and Figure 8 be amended to read
as follows:
Section C-302. - Building height.
B. Height Transitions & Step Backs.
5 Ordinance No. 9664-23
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1. Buildings greater than 75 feet in height shall provide at least a 15-foot minimum fagade
step back from the lower floor fagade at or between floors 3 through 6 along their frontage
or along their primary street frontage if site has multiple street frontages. Buildings greater
than 150 feet in height shall have an additional 15-foot minimum fagade step back at or
between floors 12 through 15 along their frontage or along their primary street frontage if
site has multiple street frontage.
2 BuildiRgS alORg the bG lRdary ref the rhWRtGWR DiStFiGt andier theseThose properties
within the Downtown District for which the permissible maximum height would be greater
than 10 feet higher than the permissible maximum height on an abutting parcel (see
height transitions identified on Figure 8. Maximum Height& Height Transitions)shall have
at least a 15-foot minimum fagade step back from the lower floor fagade between the 3rd
and 6th floor along the property line(s) which abut the boundary and/or a property with a
lesser permissible height.
(Remove existing Figure 8. comprised of 1 map and replace with the following map with new
footnote noting properties receiving allocations from the Public Amenities Incentive Pool are not
permitted increases in height if located in height transition zones)
Figure& f i �€rrntar HitI�t FEir18�t Tmrsati trhs
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r r, f1drrdge Se
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Maximum Height and 35 loo (HotelOnly) nmsuon iA�ax NHeIghtTri3flsltlarrs 45150
Downtown District 55 Unlimited
&development Standards
75 Height Transitions'
rr,cjese.,e:,,ris,a wD lmC'sIeg,e,am,rk,n,e,.e 01fo! r incywist e.>u,ugh r?�eelbicA xcv,i ti..nconvtitnoRcgocarmmom
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rug'by.City O
6 Ordinance No. 9664-23
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Section 3. That Appendix C. Downtown District and Development Standards, Division
4. Frontage Standards, be amended to read as follows:
* * * * * * * * * *
OR a
ku
�. F
Storefront 1 Traditional "Main Street" 3' max. Rear yard • • •
conditions with continuous parking. No
storefronts with high levels of parking along
storefront transparency. street
frontages.
Storefront 2 Traditional "Main Street" T max. Rear yard and •
conditions with moderate levels limited side
of storefront transparency and parking
allowance for side yard parking. permitted.
Workshop/ Flexible frontages with modest 5' Rear yard and •
Flex setbacks, discontinuous frontage min.— limited side
and moderate transparency. 10' parking
max. I permitted.
Urban Urban townhouse and 3' Rear yard • •
Residential 1 apartments with individual min.— parking. No
entries and front stoops. 5' max. parking along
street
frontages.
Residential* and Overnight Accommodation (Bed & Breakfast) Uses Only
Urban Urban townhouse and 8' Rear yard •
Residential 2 apartments with modest min.— parking and
landscaped setbacks and 15' limited side
allowance for front porches and max. ap rking
shared entries permitted.4e
PaFlEiRg al8Rg
StFeet
4
Neighborhood Single family houses, duplexes, 8' Parking behind •
Infill townhouses, and small min.— units accessed
apartments with modest 15' from side
landscaped setbacks. max. streets or
shared drives.
Neighborhood Single family houses and 20' Parking behind •
Conservation duplexes with traditional front min. front fagades
yards. accessed from
private
driveways.
Except as provided for in Division 8. Flexibility
* * * * * * * * * *
7 Ordinance No. 9664-23
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Section C-406. —Workshop/flex frontage.
* * * * * * * * * *
B. Building Setbacks.
* * * * * * * * * *
2. Front building setbacks on Fort Harrison Avenue, Cleveland Street, and Osceola
Avenue shall be increased to the extent required to allow for the creation of sidewalks
widths consistent with the Master Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
32. To promote the continuity of frontages along front setbacks, the space between buildings
on the same or adjacent sites, or between building wings for"U"-shaped buildings, shall
be 80 feet maximum. shall be 80 feet maximum.
Section C-408. — Urban residential 2 frontage.
B. Building Setbacks.
2. Front building setbacks on Fort Harrison Avenue, Cleveland Street, and Osceola
Avenue shall be increased to the extent required to allow for the creation of sidewalks
widths consistent with the Master Streetscape Plan within the Clearwater Downtown
Redevelopment Plan.
3-2. To promote the continuity of frontages along front setbacks,the space between buildings
on the same or adjacent sites, or between building wings for"U"-shaped buildings, shall
be 80 feet maximum. shall be 80 feet maximum.
* * * * * * * * * *
Section 4. That Appendix C. Downtown District and Development Standards, Division
8. Flexibility, Section C-803.A. Character District Standards — Height Transitions, be renamed to
read as follows:
Section C-803. — Flexibility provisions.
Flexibility may be approved subject to the standards below.
A. Character District Standards — Height Transitions & Step Backs.
8 Ordinance No. 9664-23
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Section 5. 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 6. 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 7. 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 8. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 8. This ordinance shall take effect immediately upon adoption, contingent
upon and subject to the adoption of Ordinance No. 9663-23.
April 20, 2023
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL May 4, 2023
READING AND ADOPTED
DocuSigned by:
e��®
Brian J. Aungst Sr.
Mayor
DS
Approved as to form: Attest:
DocuSigned by: DocuSigned by:
AtA W f (�, C.0 QQ,
a ew ytych, Esq. F
semarie all, MP , MMC
Senior Assistant City Attorney City Clerk
9 Ordinance No. 9664-23