9726-23 DocuSign Envelope ID:6534A710-006E-4C4A-BBDO-16C2D52AACA3
ORDINANCE NO. 9726-23
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA MAKING
AMENDMENTS TO THE COMMUNITY DEVELOPMENT CODE, BY AMENDING
APPENDIX C, DOWNTOWN DISTRICT AND DEVELOPMENT STANDARDS,
DIVISION 3. CHARACTER DISTRICT 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 City has determined where the Community Development Code needs
clarification and revision; and
WHEREAS, the City desires for the Community Development Code to function effectively
and equitably throughout the City; 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,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:
DocuSign Envelope ID:6534A710-006E-4C4A-BBDO-16C2D52AACA3
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:
Section C-301. — Development Potential.
Table 1. Tier 1 Public Amenities Incentive Pool Criteria
a <I
Rental residential units-1--previded iR projeG Residential 40-76 40% 40% 4070k 40-Ok
eonsmstent with o of the following: (du/an) — — — — —
• �AiRiMum 750/ gross floor area Rtel Hotel
(ov/ e) — — — — —
r•identiol for a mixed u PlFojeot; O FIGGIF AFea
• Minimum p eated f pFejeet
/C
Residential u nits4 provided on projeGt G intent Residential 2"1 �6
one of the following (d uaG) — — — — —
• Mipimum 250/ g o floor area iss ressidential Hatel (ev/aG) — — — — —
fn-.r-A Imixed-u-se PrOjeGt; OF Fleer Area
• ❑r/VeGt is residential_only (!00,04 /C
Residential units' provided in project (bonuses Residential 40% 40% 40% 40% 40%
may not be stacked): du/ac
• Rental Residential Project: Minimum Hotel (ov/ac)
25% gross floor area is rental Floor Area
residential for a mixed-use project or FAR
minimum 50% is dedicated rental if
project is residential-only; OR 20% 20% 20% 20% 20%
• Owner-occupied Residential Project: Residential - - - - --
Minimum
Minimum 25% gross floor area is du/ac
residential for a mixed-use project or Hotel (ov/ac)
project is 100% residential. Floor Area
FAR
Class A Office space provided in project Residential -- -- -- -- --
consistent with all of the following: (du/ac)
• Minimum 25% of building's aggregate Hotel (ov/ac) -- -- -- -- --
rentable floor area as defined by the Floor Area 25% -- -- 20% --
Building Owners and Managers Association (FAR)
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 Housing Director.2
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Hotel use includes a minimum of 20% of gross Residential -- -- -- -- --
floor area comprised of public function space (du/ac)
(e.g., meeting rooms, ballrooms, banquet halls). Hotel (ov/ac) 25% -- -- -- --
Floor Area -- -- -- -- --
FAR
LEED Gold certification or equivalent as Residential 35% 35% 35% 35% 35%
determined by the Community Development (du/ac) 20% 20% 20% 20% 20%
Coordinator achieved when project Hotel (ov/ac) 20% 20% 20% 20% 20%
constructed.3 Floor Area
(FAR)
Public parking provided through one of the Residential 35% 35% 35% 35% 35%
following: (du/ac) 20% 20% 20% 20% 20%
• Structured parking that includes a minimum Hotel (ov/ac) 20% 20% 20% 20% 20%
of 10% of all required vehicle parking Floor Area
spaces or 20 spaces total, whichever is (FAR)
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.
®r,.r,eFty#„n+age(s) mo®++ho ni+ StFeetGGape Res al 3"1 3"1 3% 3"1 3°o
standards consistent with the nn.-,n+„r (d b9tee-1 2"1 2"0 2"1 2"1 2$%
StFe .tseape Plan within the Cl.,ar,.,atef (ev/ae) 2"0 �Q �Q 20-1k �Q
Downtown Redevelopment Plan OF as ROOF AFea
determined by the Gnorms eni$v Developm®n$ /C
Coordinator and City Engineer /i (e.g.,, wider
sidewalks, &Gnro oest-ee+ lighting, s-l. t
Property frontage(s) along certain streetS4 Residential 35% 35% 35% 35% 35%
providing streetscapinq determined by the du/ac 20% 20% 20% 20% 20%
Community Development Coordinator and City Hotel (ov/ac) 20% 20% 20% 20% 20%
Engineer to meet the following_ Floor Area
• The city's streetscape standardsF( AR)
consistent with the Master Streetscape
Plan within the Clearwater Downtown
Redevelopment Plan, or
• An enhanced pedestrian realm that
meets the corresponding_guidelines in
the Complete Streets for Clearwater
Implementation Plan.
Electric Vehicle (EV) Parking Spaces provided Residential 15% 15% 15% 15% 15%
in project consistent with all of the following: (du/ac) 10% 10% 10% 10% 10%
• Minimum 20% of all required parking Hotel (ov/ac) 10% 10% 10% 10% 10%
spaces and a minimum 10%for all Floor Area
additional parking spaces (not required), or (FAR)
10 spaces total, whichever is greater, are
EV-Ready;45 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 supply equipment(EVSE)
with Level 2 charging capacity or greater
installed.
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Public art provided through one of the following: Residential 10% 10% 10% 10% 10%
• Minimum one percent (1%) of the (du/ac) 5% 5% 5% 5% 5%
aggregate job value up to the sum of Hotel (ov/ac) 5% 5% 5% 5% 5%
$350,000 per project for the provision of Floor Area
public art located in publicly accessible (FAR)
locations;45-6 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 job 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 housing 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. The following streets are eligible for the streetscape bonus: Osceola Avenue, Fort Harrison Avenue, Garden
Avenue, Missouri Avenue, Martin Luther King Jr.Avenue, and Prospect Avenue.
5. To be EV Ready the project 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.
6. Aggregate job value shall be the combined job value of all building permits required for the construction of the
project(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
* * * * * * * * * *
4 Ordinance No. 9726-23
DocuSign Envelope ID:6534A710-006E-4C4A-BBDO-16C2D52AACA3
Section 2. That Appendix C. Downtown District and Development Standards, Division
8. Flexibility, Section C-803. Flexibility Provisions, be amended to read as follows:
Section C-803. — Flexibility Provisions.
* * * * * * * * * *
N. General Flexibility Provisions.
1. Flexibility in the application of development standards for -governmental uses, places of
worship, certain indoor recreation uses such as auditoria, museums, and stadiums,
public transportation facilities, public utilities uses, and for projects on parcels not
fronting on a street may be approved if the proposed development is consistent with
the vision, guiding principles, goals, objectives, and policies of the Clearwater
Downtown Redevelopment Plan. Buildings and improvements shall include
architectural details, landscape screening, and other treatments that contribute to the
creation of safe and comfortable pedestrian environments along pedestrian walkways
and/or public sidewalks and shall meet the development standards to the greatest
extent practicable as determined by the Community Development Coordinator.
* * * * * * * * * *
Section 3. 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 4. 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 5. 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 6. Notice of the proposed enactment of this Ordinance has been properly
advertised in a newspaper of general circulation in accordance with applicable law.
Section 7. This ordinance shall take effect immediately upon adoption.
5 Ordinance No. 9726-23
DocuSign Envelope ID:6534A710-006E-4C4A-BBDO-16C2D52AACA3
December 7, 2023
PASSED ON FIRST READING
As Amended
December 19, 2023
PASSED ON SECOND AND FINAL
READING AND ADOPTED
DocuSigned by:
�W& a"sf
Brian J. Aungst, Sr.
Mayor
DS
Approved as to form: Attest:
DocuSigned by. DocuSigned by: ' --
h4" Af�c� r .
Mat ew . ytych, Esq. Rosemarie NII, M A, MMC
Senior Assistant City Attorney City Clerk
6 Ordinance No. 9726-23