12/17/2024 MEETING MINUTES COMMUNITY DEVELOPMENT BOARD
Tuesday, December 17, 2024
Time: 1:00 p.m.
Place: 100 North Osceola Avenue,
Clearwater, Florida, 33755
(City of Clearwater Main Library)
Present - Chair John Quattrocki, Vice Chair Michael Boutzoukas, Board Member Andrew Park,
Board Member Andrew Hupp, Board Member Michael Mastruserio, and Alternate Board
Member Kurt Hinrichs
Absent: Board Member Diane Achinelli and Board Member Aubrey Haudricourt
Also Present— Jay Daigneault—Attorney for the Board, Matthew Mytych —Assistant City
Attorney, Lauren Matzke— Planning & Development Interim Director, and Rosemarie Call - City
Clerk
To provide continuity for research, items are in agenda order although not necessarily
discussed in that order.
A. CALL TO ORDER, PLEDGE OF ALLEGIANCE — Chair Quattrocki
The meeting was called to order at 1:00 p.m.
B. ROLL CALL: Chair: Quattrocki Members:Achinelli, Boutzoukas, Haudricourt,Alternate
Hinrichs, Hupp, Park, Mastruserio,Assistant City Attorney Matthew Mytych,Attorney Jay
Daigneault and City Staff
C.APPROVAL OF MINUTES FROM THE PRIOR MEETING NOVEMBER 19, 2024
Vice Chair Boutzoukas moved to approve the minutes of the November 19,
2024 meeting. The motion was duly seconded and carried unanimously.
D. CITIZENS TO BE HEARD RE: ITEMS NOT ON THE AGENDA
Bill Jonson thanked the board members for their service. He said when the
current development code was written, the intent was to have a code that allows
more flexibility but consistent with small details and provisions of the code to
ensure new development and redevelopment fit in and the Community
Development Board is the final entity to ensure and adhere to that vision.
E. CONTINUE ITEMS TO JANUARY 21, 2025 MEETING (ITEMS 1-1):
1. Case: FLD2024-09020— 1107 & 1115 N. Martin Luther King Jr.Avenue
Owner: Killarney 6 Investments Group Inc. Level Two Application
Applicant: Sean Cashen, Gulf Coast Construction, 13825 ICOT Blvd., Suite 605, Clearwater, FL
33760; phone: (727) 524-6090; email: krikor@gulfcoastconsultinginc.com
Location: South side of N. Martin Luther King Jr.Avenue at the intersection of Lasalle Street.
(0.17 acres)
Request: Flexible Development approval to renovate a retail plaza for a mix of uses in the
Commercial (C) District as a Comprehensive Infill Redevelopment Project for the property
located at 1107 and 1115 N. Martin Luther King Jr.Avenue. The retail plaza will not exceed 30
feet in height. Requested is flexibility for parking and reduced landscape buffers along the
property lines and interior landscaping through a comprehensive landscape program.
(Community Development Code Section 2-704.F and Sections 3-1202.D. and G.)
Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas
County School Board
Assigned Planner: Ryan Green, Planner II; email: Ryan.Green@MyClearwater.com; phone:
727- 444-7791
Vice Chair Boutzoukas moved to continue Case FLD2024-09020 to January
21, 2025. The motion was duly seconded and carried unanimously.
F. CONSENT AGENDA: The following cases are not contested by the applicant or city staff. If
no objections are raised by a member of the public, and member(s) of the Board do not request
to remove an item from the Consent Agenda, items will be approved by a single vote at the
beginning of the meeting. (ITEMS 1-1)
1. Case: FLD2024-09021 —693 & 699 Bay Esplanade Level Two Application
Owner(s): R & R Getaway LLC and TSETSE LLC
Applicant: Housh Ghovaee, Northside Engineering, Inc., 300 S. Belcher Road, Clearwater, FL,
33765; phone: (727) 822-4151; email: housh@northsideengineering.net
Location: Northeast corner of Bay Esplanade with Somerset Street. (0.301 acres)
Request: Flexible Development approval to construct a six-unit Resort Attached Dwelling in the
Tourist (T) zoning district and the Old Florida Character District of Beach by Design for the
properties located at 693 and 699 Bay Esplanade. The building will not exceed 35 feet and the
project will exceed the required 9 parking spaces. Requested is flexibility for setbacks.
(Community Development Code Section 2-803.L. and Beach by Design)
Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas
County School Board
Assigned Planner: Melissa Hauck-Baker, AICP, Planner III; email:
Melissa.Hauckbaker@MyClearwater.com; phone: 727-444-8769
Ms. Matzke requested to pull Case FLD2024-09021 from the Consent Agenda as
two additional conditions of approval need to be added to the staff report.
See below.
G. ITEMS CONTINUED FROM THE NOVEMBER 19, 2024 MEETING (ITEMS 1-1):
1. Case: FLD2024-07017—691 Harbor Island Level Two Application
Owner/Applicant: Brooke Enterprises, LLC
Representative: Brian J.Aungst, Jr., Macfarlane Ferguson & McMullen, 625 Court Street,
Clearwater, FL, 33756; phone: (727) 444-1403; email: bja@macfar.com
Location: East side of Harbor Island approximately 650 feet north of Harbor Passage. (0.257
acres) Request: Flexible Development approval to construct a 548 square foot dock, 95-feet in
length with two covered boatlifts as accessory to the detached dwelling use located in the Low
Medium Density Residential/Island Estates Neighborhood Conservation Overlay
(LMDR/IENCOD) District for the property located at 691 Harbor Island. The requested flexibility
is for a deviation of maximum dock length and setback to boatlift (Community Development
Code Section 3-601.C.1.g)
Associations: Island Estates Civic Association, Clearwater Neighborhoods Coalition, Board of
County Commissioners, Pinellas County School Board
Assigned Planner: Melissa Hauck-Baker, AICP, Planner III; email:
Melissa.Hauckbaker@MyClearwater.com; phone: 727-444-8769
Attorney Mytych requested to accept Melissa Hauck-Baker as an expert witness
in the fields of general planning, zoning, redevelopment planning, land
development code & land development code amendments, special area plans
and overlay districts, site plan review, landscape architecture, historic
preservation, and comprehensive sign program.
Board Member Hupp moved to accept Melissa Hauck-Baker as an expert
witness. The motion was duly seconded and carried unanimously.
Ms. Hauck-Baker provided a PowerPoint presentation.
In response to questions, Ms. Hauck-Baker said the code prohibits development
where sea grass is located. For a single-family property, the deviation for a level
two application, which is the request before the Board, is a dock of lesser length
poses a threat to the marine environment, natural resources, wetlands, habitats,
or water quality. With the design as submitted, if the Applicant were to shorten
the dock walkout, both boats and the covered roof area would be over the entire
sea grass beds as the sea grass beds extend approximately 60 ft. from the sea
wall, which would be the maximum length permitted as an administrative review.
She said the code directs staff to look at the dimensional items, the permitted
deviations that the applicant must prove, and general applicability criteria. The
Applicant provided sufficient information that the request is consistent with city
code. She said Pinellas County is the issuing entity for all dock permits; the City
approval is one step in the county checklist the Applicant must complete.
Planning and Development Interim Director Lauren Matzke said the city code
does not address boat size or boat lift requirements. City code addresses the
length, width, and placement of the dock. Ms. Matzke said the benthic survey
was accepted into evidence.
In response to a concern, Mr. Mytych said the case was properly noticed and
advertised in accordance with the code. Ms. Matzke said new notices were sent.
It was stated that the case was continued at the last meeting at the request of the
Applicant.
Applicant Representative Brian Aungst Jr. requested that Al Carrier, P E Tran
Systems, be accepted as an expert witness in the fields of civil engineering, dock
permitting, environmental permitting, dock design and all things related to civil
engineering and environmental permitting for docks.
Vice Chair Boutzoukas moved to accept All Carrier as an expert witness.
The motion was duly seconded and carried unanimously.
Mr. Aungst requested that Rebecca Barkdoll, Sr. Environmental Scientist with
Quest Ecology, be accepted as an expert witness in the fields of marine biology,
environmental sciences, including benthic survey, sea grasses, and ecosystems
associated with the application.
Board Member Hinrichs moved to accept Rebecca Barkdoll as an expert
witness. The motion was duly seconded and carried unanimously.
Mr. Aungst provided a PowerPoint presentation that reviewed the request. He
said the case was presented to the Board in October; there was a five-member
board that day and the case was continued because there was a 3-member vote
in favor of the application. He said the morning of the November meeting, staff
received an objection from the son of a neighbor who lives to the south. Mr.
Aungst said the applicant met with the neighbor's son and the mother(property
owner) and the son withdrew the objection the next day.
In response to questions, Mr. Carrier said the dock design submitted is the
minimum deviation required for the city code to meet the permitting requirements
of Pinellas County. Ms. Barkdoll said a standard benthic survey was conducted.
Mr. Carrier said the county requires that one has adequate depth between the
bottom of the vessel and the sea floor; there is approximately 5.5 ft. to 6.0 ft. of
water depth at mean low tide at the location of the two lifts. Mr. Aungst said the
City Harbormaster opined there is no navigational issue associated with the
request.
Mr. Aungst said the Applicant has agreed to the condition of approval that there
be no tie poles seaward of the structure. He said the Board's approval is required
in order to pursue the county dock permit.
In response to a question, Ms. Matzke said it is common to see two slips for
private residences.
Board Member Park moved to approve Case FLD2024-07017, 691 Harbor
Island, based on the evidence and testimony presented in the application,
the Staff Report and at today's hearing, and hereby adopt the Findings of
Fact and Conclusions of Law stated in the Staff Report with conditions of
approval as listed to include the condition that there be no tie poles
seaward of the structure. The motion was duly seconded and carried with
the following vote:
Ayes: Chair John Quattrocki, Vice Chair Michael Boutzoukas, Board
Member Andrew Park, Board Member Michael Mastruserio, and Alternate
Board Member Kurt Hinrichs
Nays: Board Member Hupp
2. Case: FLD2024-09021 —693 & 699 Bay Esplanade Level Two Application
Owner(s): R & R Getaway LLC and TSETSE LLC
Applicant: Housh Ghovaee, Northside Engineering, Inc., 300 S. Belcher Road, Clearwater, FL,
33765; phone: (727) 822-4151; email: housh@northsideengineering.net
Location: Northeast corner of Bay Esplanade with Somerset Street. (0.301 acres)
Request: Flexible Development approval to construct a six-unit Resort Attached Dwelling in the
Tourist (T) zoning district and the Old Florida Character District of Beach by Design for the
properties located at 693 and 699 Bay Esplanade. The building will not exceed 35 feet and the
project will exceed the required 9 parking spaces. Requested is flexibility for setbacks.
(Community Development Code Section 2-803.L. and Beach by Design)
Associations: Clearwater Neighborhoods Coalition, Board of County Commissioners, Pinellas
County School Board
Assigned Planner: Melissa Hauck-Baker, AICP, Planner III; email:
Melissa.Hauckbaker@MyClearwater.com; phone: 727-444-8769
Martha Burke requested party status as a member of the Clearwater Beach
Association, who monitors density and infill affecting the Old Clearwater District
for the Association. She said she did not personally receive notice of the hearing.
In response to a question, Board Attorney Daigneault said the Board typically
requires individuals to provide something in writing when representing an
association. Since the board rules do not address the issue, it is the Board's
discretion to grant party status.
No action taken.
Matt Temperin said he received a copy of the notice and requested party status.
Board Member Hupp moved to grant Matt Temperin party status. The
motion was duly seconded and carried unanimously.
Bill Jonson said he is the President of the Clearwater Neighborhoods Coalition,
received notice of the hearing, and requested party status.
Vice Chair Boutzoukas moved to grant Bill Jonson party status. The motion
was duly seconded and carried unanimously.
Attorney Mytych requested to accept Melissa Hauck Baker as an expert witness
in the fields of general planning, zoning, redevelopment planning, land
development code & land development code amendments, special area plans
and overlay districts, site plan review, landscape architecture, historic
preservation, and comprehensive sign program.
Board Member Hupp moved to accept Melissa Hauck-Baker as an expert
witness. The motion was duly seconded and carried unanimously.
Ms. Hauck-Baker provided a PowerPoint presentation.
In response to questions, Ms. Hauck-Baker said in the Tourist zoning district, the
requested use is listed as a Level Two use; the request is before the Board
because of the amount of the reduced setback of the existing pool and deck
area. Per city code, height is measured from the base flood elevation with two
feet of freeboard. She said the Public Works Department would handle items in
the public right-of-way. Ms. Hauck-Baker said, regardless of the setback, the use
as a single-family detached dwelling unit is not permitted in the Tourist zoning
district. The proposed project will eliminate an existing non-conforming use. She
said she did not evaluate the setbacks as the structure is slated for
demolition. The sea wall was addressed in 2020 with 60 linear feet of new vinyl
seawall that was installed, approximately 12 inches above the existing and
included a 35 ft. beam for a future pool.
Attorney Mytych requested that Kyle Vaughan be accepted as an expert witness
in the fields of civil engineering, construction, land development, building permits,
and professional survey.
Vice Chair Boutzoukas moved to accept Kyle Vaughan as an expert
witness. The motion was duly seconded and carried unanimously.
In response to questions, Mr. Vaughan said the Applicant's survey shows
elevations and the grading plan shows drainage to a stormwater vault on the
property. The plans are conceptual now; the stormwater will be reviewed as part
of the building permit process.
Mr. Housh G reviewed the request. He said the Applicant raised the seawall 12
inches in 2020. The existing elevation of the property is 5 feet.
Mr. Tempenn spoke in opposition and expressed concerns with the proposed
density and the lack of parking spaces as it relates to the number of dwelling
units.
Mr. Jonson expressed concerns with the intrusion of the balcony on the north
side of the development into the 10-foot setback and the conformance of the
general acceptance criteria in the staff report. He opposed the project as the
application failed to provide evidence that the project is in harmony with the
property to the north and northwest.
In response to questions, Ms. Hauck-Baker said the PowerPoint presentation
included a slide that depicted the where the balcony would be as a permitted
encroachment. Since the design of the proposed project submitted by the
Applicant meets the Old Florida Character District requirements, the proposed
design is the anticipated character of the neighborhood, as envisioned by Beach
by Design. The structure under construction at site that used to be 692 Bay
Esplanade is establishing the desired character of the neighborhood as
envisioned in Beach by Design.
The Board recessed from 2:49 p.m. to 2:55 p.m.
Applicant Representative Housh Ghovaee reviewed the request. He said the
second property did not raise the seawall, but the property owner will be raising
it. The Applicant will be seeking only what is allowed by code. He said the project
is in harmony with the Old Florida Character District.
Ms. Matzke said there are portions of the balcony that incorrectly encroach into
the setbacks. Staff is requesting that a condition of approval be added that
ensures no portion of the balcony extend more than 24 inches. She said staff
confirmed that the Clearwater Beach Homeowners Association was provided
notice of the hearing.
Vice Chair Boutzoukas moved to approve FLD2024-09021, 693 & 699 Bay
Esplanade, based on the evidence and testimony presented in the
application, the Staff Report and at today's hearing, and hereby adopt the
Findings of Fact and Conclusions of Law stated in the Staff Report with
conditions of approval as listed, including that no portion of the balcony
extend more than 24 inches. The motion was duly seconded and carried
unanimously.
H. DIRECTOR'S ITEMS (ITEMS 1-2)
1. Discussion of Artificial Turf Ordinance
Planning Division Manager Jayme Lopko reviewed the proposed changes. She
said staff will be removing all amendments related to nonliving materials and will
only be moving forward the amendments related to artificial turf. Language has
been added to allow the Community Development Coordinator to approve
specialty grass (i.e., putting green or pet grass) with a shorter pile height in the
side or rear yard on a case-by-case basis.
In response to questions, Ms. Lopko said commercial properties will be held to
the professional installation criteria. If the turf is installed by a professional on a
residential property, it will be considered pervious. Existing turf may remain in
place as long as it is maintained. Language regarding nonliving landscape
materials will be pursued at a later date.
2. Training on Electronic CDB Agenda for January 2025
Planning and Development Administrative Assistant Alba Horanlli provided a
PowerPoint presentation.
H. ADJOURNMENT
Chair Quattrocki wished all a Merry Christmas and a Happy Hannukah.
The meeting adjourned at 3:38 p.m.
Attest:
City Clerk
air, Community Development Board
Name: ;i/'f t e v
Address: pDV / t),)i) Pke LAI3Aq.feL
City: LEA- e.()J tt----(E,K zip:Ts
Telephone Number: 1
Email Address: 6 is (b3cx rG /i cal\ t1 Kt acue
Speaking under citizens tobe hard re
items not on the agenda?
Agenda item(s) to which you wish to speak.
What is your position on the item? For Against
INDIVIDUAL SPEAKER
Citizen Comment Card
CITY OF CLEARWATER
CLEARWATER PLANNING & DEVELOPMENT, POST OFFICE Box 4748, CLEARWATER, FLORIDA 33755-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MNITTLE AVENUE, CLEARWATER, FI..(: UDA 33756
TELEPHONE (727) 562-4567
TO: Community Development Board Members
.FROM: Gina Clayton, Planning and Development Director
SUBJECT: Agenda Items December 17, 2024
DATE: December 11, 2024
Community Development Board Packets being distributed contain the following:
Unapproved minutes of November 19, 2024
Level Two Applications (Items 1-2)
1. FLD2024-09021 — 693 & 699 Bay Esplanade
Assignealanner: Melissa Hauck -Baker
Yes: No:
2. FLD2024-07017 — 691 Harbor Island
AssignePlanner: Melissa Hauck -Baker
Yes: No:
I have coo(ducted
,�:► = ; - sti • ation on the personal site visit to the following properties.
Signature Ofi1 fi n• Dater -•/O
Print Name.' ' i1 lap
Prepared by: Alba Horanlli, Administrative Assistant
111111111
N !/
111111'11i ft |UUU.�� ^"^^^' .,°
699 Bay Esplanade to the right and 701 Bay Esplanade to the left - CDC Sec 3-914 ConditionaL Approval. requires Harmony
with adjoining properties.
2024-12-17 CDB 699 Bay Esplanade to the right and 701 photo Google Earth.docx
1
‹e‘
Printed 12/17/2024 ;1,.
699 Bay Esplanade to the right and 701 Bay Esplanade to the left - CDC Sec 3-91
4 Conditional Approval requires Harmony with adjoining properties.
2024-12-17 CDB 699 Bay Esplanade to the right and 701 photo Google Earth.docx
1
Printed 12/17/2024 `\1\Lfr et
(\
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Clearwater, FL Community Development Code 12/17/24, 10:10 AM
Section 3-908. - Permitted encroachments into setbacks and over street rights-of-way.
Certain building and other projections shall be permitted to extend into setback areas and may be
permitted to encroach over street rights-of-way as follows:
A. Building projections which are affixed solely to the building and not directly affixed to the
ground such as building fascias, roof overhangs, eaves, canopies other than freestanding
canopies, awnings, marquees, and other similar projections, shall be permitted to project
into required setbacks as specified below.
1. In the Tourist, Commercial and Downtown Districts, such projections shall be limited to
ten feet and shall be permitted into any required setback and over street rights-of-way
provided a clearance of eight feet over grade is maintained. In no case shall such
projection be closer than five feet from the curbline or the shoulder of the roadway.
Any awning with supports may be located up to the property line and any awning that
projects into a right-of-way shall be cantilevered.
2. In all other districts, such projects shall be limited to 40 percent of the setback or ten
feet, whichever is less.
B. The roof fascia of a freestanding canopy shall be set back a minimum of ten feet from a
street right-of-way boundary and any side and rear property line. The supporting posts or
columns of a freestanding canopy shall not encroach into required structural setbacks. No
part of a freestanding canopy shall encroach into or over a street right-of-way.
C. Open or unenclosed fire escapes and outside stairways shall be permitted to extend into a
required setback area not more than three feet provided through access is not obstructed.
D. 1. Balconies, decks, bay windows, and similar features that linearly extend 50 percent or
less of the widtfl of the building wall to which they are attached shall be permitted to
extend into a required setback area not more than 24 inches provided through access
is not obstructed.
2. In the Downtown District, when associated with an indoor recreation/entertainment
use that has a minimum of 650 seats, balconies shall be permitted to encroach into
rights-of-way provided a clearance of eight feet over grade is maintained. In no case
shall such encroachment be closer than two feet from the curbline or the shoulder of
the roadway.
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 49, 49A, 5-2-02; Ord. No. 8070-09, § 6, 12-3-09; Ord.
No. 8371-13, § 1, 3-6-13)
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Clearwater, FL Community Development Code
DIVISION 8. - TOURIST DISTRICT ("T")
Section 2-801.1. - Maximum development potential.
12/17/24, 9:37AM
The Tourist District ("T") may be located in more than one land use category. It is the intent of the T District that
development be consistent with the Countywide Future Land Use Plan as required by state law. The uses and
development potential of a parcel of land within the T District shall be determined by the standards found in this
Development Code as well as the Countywide Future Land Use Designation of the property, including any acreage or
floor area restrictions set forth in the Rules Concerning the Administration of the Countywide Future Land Use Plan, as
amended from time to time. For those parcels within the T District that have an area within the boundaries of and
governed by a special area plan approved by the city council and the countywide planning authority, maximum
development potential shall be as set forth for each classification of use and location in the approved plan. Development
potential for the Countywide Future Land Use Designations that apply to the T District are as follows:
Countywide
Future Land
Use
Designation
Maximum
Dwelling
Units/Resort
Attached
Dwelling
Units
per Acre of
Land
Maximum Floor Area Ratio/
Impervious Surface Ratio
Maximum
Overnight
Accommodations
Units Per Acre *
Accommodations
(Base)
Overnight
Accommodations
(Alternative)
Non-
Residential
Uses
Base
Alternative
Resort
Facilities
High
30 dwelling
units per
acre
FAR 1.0/ISR .95
FAR 2.0/ISR .95
FAR 1.0/ISR
.95
50
Less than
one acre:
70
FAR 3.0/ISR .95
Between
one acre
and three
acres: 90
FAR 4.0/ISR .95
Greater
than three
acres: 110
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Page 1 of 31
Clearwater, FL Community Development Code
12/17/24, 9:37 AM
* Or as set forth in Beach by Design: A Preliminary Design for Clearwater Beach and Design Guidelines, the
special area plan governing Clearwater Beach adopted by Ord. No. 6689-01 and as amended.
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6680-01, § 7, 4-5-01; Ord. No. 7605-06, § 3, 4-20-06; Ord. No. 7926-08, § 6, 7-17-
08; Ord. No. 8043-09, § 10, 9-3-09; Ord. No. 8044-09, § 4, 10-1-09)
Section 2-802. - Flexible standard development.
The following uses are Level One permitted uses in the T District subject to the standards and criteria set out in this
section and other applicable provisions of Article 3.
Table 2-802. "T" District Flexible Standard Development Standards
Use(1)
Min.
Lot
Area
(sq. ft.)
Min.
Lot
Width
(ft.)
Min. Setbacks(1) (ft.)
Max
Height(1)
(ft.)
Min. Off -Street
Parking
Front
Side
Rear
Accessory Dwelling Unit
n/a
n/a
n/a
n/a
n/a
n/a
1/unit
Alcoholic/Beverage/Sales
5,000
50
10-15
10
20
35
5/1,000 SF GFA
Attached Dwellings (6)
10,000
100
10-15
10
10-20
35-50
2/unit
Bars
5,000
50
15
10
20
35
10/1,000 SF GFA
Brewpubs
5,000
—
10,000
50—
100
0-15
0-10
10-20
35-50
1.5/1,000 SF
GFA dedicated
to brewery
operations and
support
services; and 7
—12/1,000 SF
GFA for all other
use area
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Clearwater, FL Community Development Code
12/17/24, 9:37AM
Governmental Uses (2)
i--
10,000
100
10-15
0-10 10-20
35-50
3-4/1,000 SF
GFA
Indoor
Recreation/Entertainment
I
[-___
Medical Clinic
5,000
10,000
50
100
0-15
�
0-10 i 20
I
35-50
10/1,000 SF GFA
10-15
10 ' 20
35-50
5/1,000 SF GFA
{ Mixed Use
I—
`r
5,000
10,000
50—
100
0-15
0-10
10-20
35-50
Based upon
specific use
requirements
-
I Museums
10,000
100
10-15
0-10
10-20
35-50
1-3/1,000 SF
GFA
Nightclubs
5,000
50
15
10
j 20
35
10/1,000 SF GFA
Offices
5,000
10,000
100
0-15
0-10
10-20
35-50
3/1,000 SF GFA
Outdoor
Recreation/Entertainment
5,000
50
10-15
10 20
35
2.5/1,000 SF of
lot area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Overnight
Accommodations
20,000
100—
150
10-15
0-10 10-20
35-50
1.2/unit
Parking Garages and Lots
20,000
100
15-25
10 ( 10-20
50
n/a
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Clearwater, FL Community Development Code
12/17/24, 9:37 AM
Parks and Recreation
Facilities
n/a
n/a
25
10
20
50
1/20,000 SF of
land area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Public Transportation
n/a
n/a
n/a
n/a
n/a
10
n/a
Facilities(3)
Resort Attached
10,000
100
10-15
10
10-20
35-50
1.5/unit
Dwellings(6)
Restaurants
5,000
50—
0-15
0-10
10-20
35-50
7-12/per 1,000
—
100
SF GFA(5)
10,000
Retail Plazas
15,000
100
0-15
0-10
10-20
35-50
4/1,000 SF GFA
Retail Sales and Services
5,000
50—
0-15
0-10
10-20
35-50
4-5/1,000 SF
—
100
GFA (5)
10,000
Social and Community
5,000
50—
10-15
0-10
10-20
35-50
4-5/1,000 SF
Center
—
100
GFA
10,000
Utility/Infrastructure
n/a
n/a
25
10
10
n/a
n/a
Facilities(4)
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(1) 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.
(2) Governmental uses 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.
(3) Public transportation facilities shall not exceed three acres. Any such use, alone or when added to
contiguous like uses which exceed three acres shall require a land use plan map amendment to
Transportation/Utility which shall include such uses and all contiguous like uses.
(4) Utility/infrastructure uses shall not exceed three acres. Any such use, alone or when added to contiguous
like uses which exceed three acres shall require a land use plan map amendment to Transportation/Utility
which shall include such uses and all contiguous like uses.
(5) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by
Design, off-street parking shall not be required.
(6) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an
attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater
Beach are permitted a rear setback of zero feet.
Flexibility criteria:
A. Accessory dwelling unit. One accessory dwelling unit, which is subordinate and accessory to a principal
permitted use is allowed provided that:
1. Title to the unit is vested in the ownership of the principal use.
2. The floor area of the unit does not exceed 25 percent of the floor area of the principal use.
3. The unit complies with the development standards established for the principal use.
4. The unit shall be constructed with a similar architectural style as the principal use.
B. Alcoholic beverage sales.
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a major arterial
street;
c. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
2. Front setback:
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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 or appearance.
C. 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.
2. Parking: Off-street parking within the footprint of the residential building is designed and constructed to
create a street level facade comparable to the architectural character and finishes of a residential building
without parking on the ground level;
3. Location:The use of the parcel proposed for development will not involve direct access to a major arterial
street;
4. Setbacks:
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;
c. The reduction in rear setback does not prevent access to the rear of any building by emergency
vehicles;
d. The reduction in rear setback results in an improved site plan, more efficient parking or improved
design and appearance;
e. The reduction in rear setback does not reduce the amount of landscaped area otherwise required.
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
D. Bars.
1. Location:The parcel proposed for development is not contiguous to a parcel of land which is designated
as residential in the Zoning Atlas;
2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall be used for the brewery
function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from
adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and/or 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. Height:The increased height results in an improved site plan, landscaping areas in excess of the minimum
required and/or improved design and appearance;
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5. Front setback:The reduction in front setback results in an improved site plan or improved design and appeal
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance and landscaped areas are in excess of the minimum required.
7. Off-street parking:
a. When located on Clearwater Beach, 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 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. The availability of transportation modes other than the automobile, specifically that there is access to
mass transit within 1,000 feet of the subject property.
8. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
F. Governmental uses.
1. Height: The increased height results in an improved site plan or improved design and appearance;
2. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless such signage is a
part of an approved comprehensive sign program;
3. Location: The use of the parcel proposed for development will not involve direct access to a major arterial
street;
4. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
e. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise
required.
5. Off-street parking:
a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000
feet of parcel proposed for development, or parking is available through any existing or planned and
committed parking facilities or the shared parking formula in Article 2, Division 14;
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b. The physical characteristics of a proposed building are such that the likely uses of the property will
required 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.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
G. Indoor recreation/entertainment.
1. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
2. Setbacks:
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 design and appearance;
c. The reduction in side setback does not prevent access to the rear of any building by emergency
vehicles;
d. The reduction in side setback results in an improved site plan, more efficient parking or improved
design and appearance;
e. The reduction in side setback results in landscaped areas in excess of the minimum required.
3. Height:The increased height results in an improved site plan or improved design and appearance.
H. Medical clinic.
1. 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.
2. Height:The increased height results in an improved site plan or improved design or appearance.
I. Mixed use.
1. Lot area and width: The reduction in lot area and/or 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.
2. Front setback:The reduction in front setback results in an improved site plan or improved design and
appearance.
3. Side and rear setback:
a. The reduction in side and/or rear setback does not negatively impede emergency access;
b. The reduction in side and/or rear setback results in an improved site plan, more efficient parking, or
improved design appearance and landscaped areas are in excess of the minimum required.
4. Off-street parking:
a. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000
feet of parcel proposed for development, or parking is available through any existing or planned and
committed parking facilities or the shared parking formula in Article 2, Division 14;
b. 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
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j•
portions of the building will be used for storage or other non -parking demand -generating purposes.
5. The increased height results in an improved site plan, landscaping areas in excess of the minimum
required or improved design and appearance.
Museums.
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 setback:The reduction in front setback results in an improved site plan or improved design and
appearance.
3. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
c. The reduction in side and rear setback does not reduce the amount of landscaped area otherwise
required.
4. 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 for storage or other non -parking demand -generating purposes or the
physical context, including adjacent buildings and uses are such that there is a high probability that
patrons will use modes of transportation other than the automobile to access the use.
K. Nightclubs.
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a major arterial
street;
2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
L. Offices.
1. Lot area and width: 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. The design of all buildings complies with the Tourist District design guidelines in Article 3, Division 5.
3. Setbacks:
a. The reduction in front setback contributes to a more active and dynamic streetlife;
b. The reduction in front setback results in an improved site plan or improved design and appearance;
c. The reduction in side and rear setbacks does not prevent access to the rear of any building by
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emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance;
4. Height:The increased height results in an improved site plan or improved design and appearance.
M. Outdoor recreation/entertainment.
1. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
2. All signage is a part of a comprehensive sign program;
3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the
extent that the sound is recognizable in terms of the meaning of words or melody when wind conditions
are less than ten miles per hour at a distance of more than 100 feet in all directions or when wind
conditions are ten miles per hour or greater at a distance of more than 150 feet in all directions;
4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel
proposed for development;
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
6. Front setback:
a. The reduction in front setback contributes to a more active dynamic street life;
b. The reduction in front setback results in an improved site plan or improved design and appearance.
7. Off-street parking:
a. Adequate 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 committed parking facilities or the shared parking formula in Article 2, Division 14; or
b. 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 are used for storage or other non -parking demand -generating purposes.
N. Overnight accommodations.
1. With the exception of those properties located on Clearwater Beach, the parcel proposed for development
shall front on but shall not involve direct access to a major arterial street unless no other means of access
would be possible;
2. Height:The increased height results in an improved site plan and/or improved design and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless such signage is a
part of an approved Comprehensive Sign Program;
4. Front setback:
a. The reduced setback shall contribute to a more active and dynamic street life;
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b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-str
area, and/or improved building design and appearance; and
c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by
the setback reduction will be accommodated for in other areas through a Comprehensive Landscape
Plan.
5. Side and rear setbacks:
a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or
personnel;
b. The reduced setback results in an improved site plan through the provision of a more efficient off-
street parking area, and/or improved building design and appearance; and
c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by
the setback reduction will be compensated for in other areas through a Comprehensive Landscape
Plan.
6. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in
Section 3-501, as applicable;
7. Lot width: The reduced lot width shall not result in a building which is out of scale with existing buildings in
the immediate vicinity; and
8. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane
evacuation plan requiring the use close when a hurricane watch is posted; and
9. A development agreement must be approved by the city council pursuant to F.S. §§ 163.3221-163.3243
and Community Development Code Section 4-606 if the development proposal exceeds the base density
and/or base F.A.R. established for the underlying Future Land Use designation. The development
agreement shall:
a. Comply with all applicable requirements of the "Rules Concerning the Administration of the
Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended
from time to time;
b. Be recorded with the clerk of the circuit court pursuant to F.S. § 163.3239, with a copy filed with the
property appraiser's office, and a copy submitted to the PPC and CPA for receipt and filing within 14
days after recording; and
c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the
Official Records of Pinellas County prior to the issuance of any building permit for the overnight
accommodations use.
10. Accessory uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight
accommodations;
b. The maximum floor area for accessory uses located within the building interior shall be limited to 15
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percent of the gross floor area of the development;
c. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding
signage for the overnight accommodation use. In no case shall more than 25 percent of the sign area
be dedicated to the accessory uses;
d. Those developments that have obtained additional density from the Destination Resort Density Pool
established in Beach by Design are not subject to the requirements set forth in Sections 2-802.K.10.a—
c;
e. Overnight accommodations with fewer than 50 rooms that have a full service restaurant shall comply
with the parking standards for the restaurant use as contained in Table 2-802. The lowest number of
spaces allowed shall be used to calculate the additional amount of off-street parking required for the
project.
O. Parking garages and lots.
1. The parcel proposed for development is not contiguous to land designated as residential in the Zoning
Atlas;
2. Access to and from the parking garage or lot shall be based on the findings of a transportation analysis
approved by the city;
3. The stacking spaces available for cars waiting to pass through a parking ticket dispensable or booth to
enter the garage or lot shall be based on the design and size of the garage or lot;
4. Any frontage along a public street is landscaped or designed to be similar in character and use to other
uses fronting on each street for a distance of 250 feet in either direction along the street or the nearest
intersections, whichever is less;
5. Parking structures are designed, constructed and finished so that the structure of the garage is
architecturally compatible the design and character of adjacent principal uses;
6. There is an unmet existing demand for additional parking in the immediate vicinity of the parcel proposed
for development;
7. Construction of a parking structure would not otherwise be physically feasible;
8. The front and rear setbacks which are provided are improved as an arcade or with other active
pedestrian/commercial areas for sidewalk cafes, sidewalk vendors, street furniture or urban amenities;
9. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
10. Front setback:
a. The reduction in front setback contributes to a more active dynamic street life;
b. The reduction in front setback results in an improved site plan or improved design and appearance.
11. Rear setback
a. The reduction in rear setback does not prevent access to the rear of any building by emergency
vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient parking or improved
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design and appearance;
c. The reduction in rear setback results in landscaping in excess of the minimum required.
P. Parks and recreation facilities.
1. The proposed use is compatible with the surrounding properties;
2. Off-street parking is screened from adjacent parcels of land and any street by a landscaped wall or fence
of at least four feet in height;
3. All outdoor lighting is designed so that no light fixtures cast Tight directly on adjacent land used for
residential proposes;
4. Off-street parking: Adequate parking is available on a shared basis as determined by all existing land uses
within 1,000 square feet of the parcel proposed for development, or parking is available through any
existing or planned and committed parking facilities or the shared parking formula in Article 3. Division 14.
Q. Public transportation facilities.
1. The public transportation facilities are not located within 1,000 feet of another public transportation
facility unless necessary to serve established transit stops with demonstrated ridership demand;
2. The public transportation facilities are designed, located and landscaped so that the structure of the
facilities are screened from view from any residential use or land designated as residential in the Zoning
Atlas;
3. All lighting associated with the public transportation facilities is designed and located so that no light is
cast directly on any residential use or land designated as residential in the Zoning Atlas;
4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
R. 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.
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.
2. Off-street parking: Off-street parking within the footprint of the residential building is designed and
constructed to create a street level facade comparable to the architectural character and finishes of a
residential building without parking on the ground level;
3. 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.
4. Rear setback:
a. The reduction in rear setback does not prevent access to the rear of any building by emergency
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vehicles;
b. The reduction in rear setback results in an improved site plan, more efficient parking or improved
design and appearance;
c. The reduction in rear setback does not reduce the amount of landscaped area otherwise required.
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
6. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be
incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses
shall not exceed, in the aggregate, ten percent of the building footprint.
b. No signage shall be visible from outside of the development.
S. Restaurants.
1. Lot area and width: 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. Height: The increased height results in an improved site plan and/or improved design and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless such signage is a
part of an approved comprehensive sign program;
4. Setbacks:
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;
c. The reduction in side and rear setbacks does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance;
5. Off-street parking:
a.
b.
c.
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;
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 committed parking facilities or the shared parking formula in Article 2, Division 14;
Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
T. Retail plazas.
1. Height:The increased height results in an improved site plan or improved design and appearance;
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2. Setbacks:
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;
c. The reduction in side and rear setbacks does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance;
e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise
required.
3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
4. Restaurants within the shopping center may occupy up to 25 percent of the total gross floor area of the
shopping center. 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.
5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and
architectural style.
6. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in
F.S. § 381.986, as amended.
U. Retail sales and services.
1. Lot area and width: 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. Height: The increased height results in an improved site plan or improved design and appearance;
3. Setbacks:
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;
c. The reduction in side and rear setbacks does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance;
4. Off-street parking:
a. 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;
b. Adjacent land uses are of a nature that there is a high probability that patrons will use modes of
transportation other than the automobile to access the use;
c. Adequate parking is available on a shared basis as determined by all existing land uses within 1,000
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feet of the parcel proposed for development, or parking is available through any existing or planned
and committed parking facilities or the shared parking formula in Article 2, Division 14.
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
6. Medical marijuana treatment center dispensing facilities: Shall comply with the requirements set forth in
F.S. § 381.986, as amended.
V. Social and community center.
1. The parcel proposed for development does not abut any property designated as residential in the Zoning
Atlas.
2. Front setback:The reduction in front setback results in an improved site plan or improved design and
appearance.
3. Side and 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.
W. Utility/infrastructure facilities.
1. Any above ground structure other than permitted telecommunication towers and utility distribution lines
located on or along a rear lot line shall be screened from view by a landscaped opaque wall or fence which
is at least two-thirds the height of the above ground structure and shall be landscaped with trees which
five years after installation substantially will obscure the fence or wall and the above ground structure;
2. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, §§ 17-20, 5-2-02; Ord. No. 7449-05, § 38, 12-15-05; Ord. No. 7576-06, §
1, 2-2-06; Ord. No. 7723, § 1, 2-15-07; Ord. No. 7835-07, § 4, 1-17-08; Ord. No. 7926-08, § 7, 7-17-08; Ord. No. 8043-09, §
11, 9-3-09; Ord. No. 8044-09, §§ 5-7, 10-1-09; Ord. No. 8211-10, §§ 4, 6, 10-5-10; Ord. No. 8349-12, §§ 11, 12, 9-6-12; Ord.
No. 8523-14, § 1, 1-16-2014; Ord. No. 8654-15, § 11, 2-5-15; Ord. No. 8715-15, § 8, 6-18-15; Ord. No. 8810-16, § 4, 1-21-16;
Ord. No. 8931-16, § 6, 9-1-16; Ord. No. 9042-17, § 4, 12-7-17; Ord. No. 9758-24, § 8, 6-6-24)
Section 2-803. - Flexible development.
The following uses are Level Two permitted uses permitted in the Tourist "T" District subject to the standards and
criteria set out in this section and other applicable provisions of Article 3.
Table 2-803. "T" Flexible Development Standards
Use(1)
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Min.
Lot
Area
Min.
Lot
Width
Min. Setbacks(1) (ft.)
Max.
Height(1)
(ft.)
Min. Off -Street
Parking
Front
Side
Rear
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(sq. ft.)
(ft.)
Alcoholic Beverage Sales
5,000
50
0-15
0-10
10-20
35-100
5/1,000 SF GFA
Attached Dwellings(3)
5,000
—
10,000
50—
100
0-15
0-10
10-20
35-100
2/unit
Bars
H
5,000
50
0-15
0-10
10-20
35-100
10/1,000 SF GFA
Brewpubs
I
5,000
—
10,000
50—
100
0-15
0-10
10-20
35-100
1,5/1,000 SF GFA
dedicated to
brewery
operations and
support
services; and 7-
12/1,000 SF GFA
for all other use
area
Comprehensive Infill
Redevelopment Project
n/a
n/a
n/a
n/a
n/a
n/a
Determined by
the community
development
coordinator for
all other uses
based on the
specific use
and/or ITE
Manual
standards
Limited Vehicle Sales and
Display
5,000
50
0-15
0-10
10-20
35-100
4-5/1,000 SF
GFA
Marinas and Marina
5,000
50
10-15
0-10
10-20
25
1/2 slips
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Facilities L'8 (
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cgkp�
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Mixed Use
5,000
—
10,000
50—
100
0-15
0-10
0-20
35-100
Based upon
specific use
requirements
Nightclubs
5,000
50
0-15
0-10
10-20
35-100
10/1,000 SF GFA
Offices
5,000
—
10,000
50—
100
0-15
0-10
10-20
35-100
3/1,000 SF GFA
Outdoor
Recreation/Entertainment
5,000
50
5-15
0-10
10-20
35
2.5/1,000 SF of
lot area or as
determined by
the community
development
coordinator
based on ITE
Manual
standards
Overnight
Accommodations(3)
10,000
—
20,000
100—
150
0-15
0-10
0-20
35-100
1-1.2/unit
Resort Attached
Dwellings(3)
5,000
—
10,000
50—
100
0-15
0-10
10-20
35-100-
1.5/unit
Restaurants
5,000
—
10,000
50—
100
0-15
0-10
10-20
25-100
7-12/1,000 SF
GFA(2)
Retail Plazas
15,000
100
0-15
0-10
10-20
35-100
4/1,000 SF GFA
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Clearwater, FL Community Development Code
Retail Sales and Services
5,000
10,000
50-
100
0-15
0-10 10-20
35-100
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4-5/1,000 SF
GFA(2)
(1) Specific use, height, and setback 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.
(2) For those properties within the boundaries of the Retail/Restaurant District, as established by Beach by
Design, off-street parking shall not be required.
(3) Swimming pools and/or decks in conjunction with a swimming pool that are accessory to either an
attached dwellings, overnight accommodations, or resort attached dwellings principal use on Clearwater
Beach are permitted a rear setback of zero feet.
Flexibility criteria:
A. Alcoholic beverage sales.
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a major arterial
street;
2. Height: The increased height results in an improved site plan and/or improved design and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of
a comprehensive sign program;
4. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
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B. Attached dwellings.
1. Lot area and width: 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. Location: The use of the parcel proposed for development will not involve direct access to an arterial
street;
3. 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;
4. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
5. Off-street parking:
a. 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 for storage or other non -parking demand -generating purposes or that the
nature of the individual dwelling units and their location is likely to lead to dependency on non -
automobile modes of transportation;
b. Off-street parking within the footprint of the residential building is designed and constructed to create
a street level facade comparable to the architectural character and finishes of a residential building
without parking on the ground level.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
C. Bars.
1. Location: The parcel proposed for development is not contiguous to a parcel of land which is designated
as residential in the Zoning Atlas;
2. Height: The increased height results in an improved site plan and/or improved design and appearance;
3. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
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d. The reduction in side and rear setback results in an improved site plan, more efficient parking or improv(
appearance;
4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
D. Comprehensive infill redevelopment projects.
1. The development or redevelopment is otherwise impractical without deviations from the use and/or
development standards set forth in this zoning district;
2. The development or redevelopment will be consistent with the goals and policies of the Comprehensive
Plan, as well as with the general purpose, intent and basic planning objectives of this Code, and with the
intent and purpose of this zoning district;
3. The development or redevelopment will not impede the normal and orderly development and
improvement of surrounding properties;
4. Adjoining properties will not suffer substantial detriment as a result of the proposed development;
5. The proposed use shall otherwise be permitted by the underlying future land use category, be compatible
with adjacent land uses, will not substantially alter the essential use characteristics of the neighborhood;
and shall demonstrate compliance with one or more of the following objectives:
a. The proposed use is permitted in this zoning district as a minimum standard, flexible standard or
flexible development use;
b. The proposed use would be a significant economic contributor to the city's economic base by
diversifying the local economy or by creating jobs;
c. The development proposal accommodates the expansion or redevelopment of an existing economic
contributor;
d. The proposed use provides for the provision of affordable housing;
e. The proposed use provides for development or redevelopment in an area that is characterized by
other similar development and where a land use plan amendment and rezoning would result in a spot
land use or zoning designation; or
f. The proposed use provides for the development of a new, and/or preservation of a working waterfront
use.
6. Flexibility with regard to use, lot width, required setbacks, height and off-street parking are justified based
on demonstrated compliance with all of the following design objectives:
a. The proposed development will not impede the normal and orderly development and improvement of
the surrounding properties for uses permitted in this zoning district;
b. The proposed development complies with applicable design guidelines adopted by the city;
c. The design, scale and intensity of the proposed development supports the established or emerging
character of an area;
d. In order to form a cohesive, visually interesting and attractive appearance, the proposed development
incorporates a substantial number of the following design elements:
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• Changes in horizontal building planes;
• Use of architectural details such as columns, cornices, stringcourses, pilasters, porticos, balconies,
railings, awnings, etc.;
• Variety in materials, colors and textures;
• Distinctive fenestration patterns;
• Building stepbacks; and
• Distinctive roofs forms.
e. The proposed development provides for appropriate buffers, enhanced landscape design and
appropriate distances between buildings.
E. Brewpubs.
1. No more than 50 percent of the total gross floor area of the establishment shall be used for the brewery
function including, but not limited to, the brewhouse, boiling and water treatment areas, bottling and
kegging lines, malt milling and storage, fermentation tanks, conditioning tanks and serving tanks;
2. Any overhead loading doors shall be located perpendicular to the abutting streets and screened from
adjacent properties by landscaped walls or fences.
3. Lot area and width: The reduction in lot area and/or 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. Height: The increased height results in an improved site plan, landscaping areas in excess of the minimum
required and/or improved design and appearance;
5. Front setback: The reduction in front setback results in an improved site plan or improved design and
appearance.
6. Side and rear setback:
a. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance and landscaped areas are in excess of the minimum required.
7. Off-street parking:
a. When located on Clearwater Beach, 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 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. The availability of transportation modes other than the automobile, specifically that there is access to
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mass transit within 1,000 feet of the subject property.
8. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
F. Limited vehicle sales and display.
1. The use of the parcel proposed for development shall be located in an enclosed structure.
2. The use of the parcel proposed for development shall have no outdoor displays.
3. No vehicle service shall be provided on the parcel proposed for development.
G. Marinas and marina facilities.
1. The parcel proposed for development is not located in areas identified in the Comprehensive Plan as
areas of environmental significance including:
a. The north end of Clearwater Beach;
b. Clearwater Harbor grass beds;
c. Cooper's Point;
d. Clearwater Harbor spoil islands;
e. Sand Key Park;
f. The southern edge of Alligator Lake.
2. No commercial activities other than the mooring of boats on a rental basis shall be permitted on any
parcel of land which is contiguous to a parcel of land which is designated as residential in the Zoning Atlas,
unless the marina facility is totally screened from view from the contiguous land which is designated as
residential and the hours of operation of the commercial activities are limited to the time period between
sunrise and sunset;
3. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance.
4. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
5. All marina facilities shall comply with the commercial dock requirements set forth in Section 3-601.C.3 and
the marina and marina facilities requirements set forth in Section 3-603.
H. Nightclubs.
1. Location:
a. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
b. The use of the parcel proposed for development will not involve direct access to a major arterial
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street;
2. Height:The increased height results in an improved site plan and/or improved design and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless the sign is a part of
a comprehensive sign program;
4. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
I. Offices.
1. Height:The increased height results in an improved site plan or improved design and appearance;
2. Lot area and width: 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;
3. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
4. Off-street parking:
a. 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;
b. Adequate 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 existing or planned and
committed parking facilities or the shared parking formula in Article 3, Division 14.
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
Outdoor recreation/entertainment.
1. The parcel proposed for development is not contiguous to a parcel of land which is designated as
residential in the Zoning Atlas;
J.
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2. All signage is a part of a comprehensive sign program;
3. Sound amplification is designed and constructed to ensure that no amplified sound can be heard to the
extent that the sound is recognizable in meaning of or identity of a melody when wind conditions are less
than ten miles per hour at a distance of more than 100 feet in all directions or when wind conditions are
ten miles per hour or grater at a distance of more than 150 feet in all directions;
4. All outdoor lighting is designed and constructed so that no light falls directly on land other than the parcel
proposed for development;
5. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
7. Off-street parking::Adequate 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 committed parking facilities or the shared parking formula in Article 3, Division 14.
K. Overnight accommodations.
1. With the exception of those properties located on Clearwater Beach, the parcel proposed for development
shall front on but shall not involve direct access to a major arterial street unless no other means of access
would be possible;
2. Height: The increased height results in an improved site plan and/or improved design and appearance;
3. Signs: No sign of any kind is designed or located so that any portion of the sign is more than six feet above
the finished grade of the front lot line of the parcel proposed for development unless such signage is a
part of an approved comprehensive sign program;
4. Front setback:
a. The reduced setback shall contribute to a more active and dynamic street life;
b. The reduced setback shall result in an improved site plan through the provision of a more efficient off-
street parking area, and/or improved building design and appearance; and
c. The reduced setback will not result in a loss of landscaped area, as those areas being diminished by
the setback reduction will be compensated for in other areas through a Comprehensive Landscape
Plan.
5. Side and rear setbacks:
a. The reduced setback does not prevent access to the rear of any building by emergency vehicles and/or
personnel;
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b. The reduced setback results in an improved site plan through the provision of a more efficient off-
street parking area, and/or improved building design and appearance; and
c. The reduced setback will not result in a Toss of landscaped area, as those areas being diminished by
the setback reduction will be compensated for in other areas through a Comprehensive Landscape
Plan.
6. Off-street parking:
a. The proposed development contains no more than 130 rooms; and
b. The proposed development is within 1,000 feet of an existing public parking garage with documented
available capacity.
7. The design of all buildings shall comply with the Tourist District site and architectural design guidelines in
Section 3-501, as applicable;
8. 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;
9. The parcel proposed for development shall, if located within the Coastal Storm Area, have a hurricane
evacuation plan requiring the use close when a hurricane watch is posted; and
10. A development agreement must be approved by the city council pursuant to F.S. §§ 163.3221-163.3243
and Community Development Code Section 4-606 if the development proposal exceeds the base density
and/or base F.A.R. established for the underlying Future Land Use designation. The development
agreement shall:
a. Comply with all applicable requirements of the "Rules Concerning the Administration of the
Countywide Future Land Use Plan" as they pertain to alternative density/intensity, and as amended
from time to time;
b. Be recorded with the clerk of the circuit court pursuant to F.S. § 163.3239, with a copy filed with the
property appraiser's office, and a copy submitted to the PPC and CPA for receipt and filing within 14
days after recording; and
c. Have its development limitations memorialized in a deed restriction, which shall be recorded in the
Official Records of Pinellas County prior to the issuance of any building permit for the overnight
accommodations use.
11. Accessory Uses:
a. Accessory uses must be incidental, subordinate, and customarily accessory to overnight
accommodations;
b. The following shall apply to required parking for accessory uses:
i. Accessory uses located within the building interior may occupy between 15 percent and 20 percent
of the gross floor area of the development, but only when additional parking is provided for that
portion of the accessory uses which exceeds 15 percent. The required amount of parking shall be
calculated by using the minimum off-street parking development standard for the most intensive
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accessory use(s). Where there is a range of parking standards, the lowest number of spaces
allowed shall be used to calculate the additional amount of off-street parking required for the
project. In projects where the interior accessory uses exceed 20 percent of the building gross floor
area, all interior accessory uses shall be considered additional primary uses for purposes of
calculating development potential and parking requirements.
ii. Regardless of the gross floor area percentage, overnight accommodations with fewer than 50
rooms that have a full service restaurant shall comply with the parking standards for the
restaurant use as contained in Table 2-803. The lowest number of spaces allowed shall be used to
calculate the additional amount of off-street parking required for the restaurant;
c. In addition to the requirements above, for those projects that request additional rooms from the Hotel
Density Reserve established in Beach by Design and whose interior accessory uses are between ten
percent and 15 percent of the gross floor area of the proposed building, density shall be calculated as
follows:
i. Calculate the maximum number of units allowed by the base density;
ii. Calculate the maximum number of units that may be allocated from the Hotel Density Reserve
established in Beach by Design;
iii. Add the figures determined in i. and ii. to determine the total number of units allowed for the site;
iv. Divide the total number of units allowed, as calculated in iii., by the total land area to determine
the resulting units per acre for the project site;
v. Determine the total floor area of all interior accessory uses exceeding ten percent of the gross
floor area of the proposed building;
vi. Subtract the figure determined in v. from the total land area, and divide this difference by 43,560
to determine the net acreage;
vii. Multiply the net acreage derived in vi. by the applicable resulting units per acre figure determined
in iv. The resulting product is the maximum number of rooms allowable for the project.
viii. The final allocation of rooms from the Hotel Density Reserve shall be determined by multiplying
the net acreage determined in vi. by the base density and subtracting this product from the
maximum number of rooms allowable for the project as determined in vii.
d. Signage for any accessory use shall be subordinate to and incorporated into the primary freestanding
signage for the overnight accommodation use. In no case shall more than 25 percent of the sign area
be dedicated to the accessory uses;
e. Those developments that have obtained additional density from the Destination Resort Density Pool
established in Beach by Design are not subject to the requirements set forth in Sections 2-803.1.11.a—
d.
L. Resort attached dwellings.
1. Lot area and width: The reduction in lot area will not result in a building which is out of scale with existing
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buildings in the immediate vicinity of the parcel proposed for development;
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.
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.
3. 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.
4. Side and rear setbacks:
a. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
b. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance.
5. Off-street parking:: Off-street parking within the footprint of the residential building is designed and
constructed to create a street level facade comparable to the architectural character and finishes of a
residential building without parking on the ground level.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
7. Accessory uses:
a. Accessory uses, including but not limited to restaurants, snack bars, and sundries shops, must be
incidental and subordinate to the primary use, and the maximum floor area for interior accessory uses
shall not exceed, in the aggregate, 15 percent of the building footprint;
b. No signage shall be visible from outside of the development.
M. Restaurants.
1. Lot area and width: 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. Height: The increased height results in an improved site plan and/or improved design and appearance;
3. Setbacks:
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;
c. The reduction in side and rear setback does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setback results in an improved site plan, more efficient parking or
improved design and appearance;
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4. Off-street parking:
a. 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 for storage or other non -parking demand -generating purposes;
b. Fast food restaurants shall not be eligible for a reduction in the number of off-street parking spaces;
c. Adequate 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 committed parking facilities or the shared parking formulas in Article 3, Division 14.
5. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
N. Retail plazas.
1. Height: The increased height results in an improved site plan or improved design and appearance;
2. Setbacks:
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;
c. The reduction in side and rear setbacks does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance;
e. The reduction in side and rear setbacks does not reduce the amount of landscaped area otherwise
required.
3. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
4. Restaurants within the shopping center may occupy up to 25 percent of the total gross floor area of the
shopping center. 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.
5. All shopping center buildings, including outbuildings, must be unified in terms of color, materials, and
architectural style.
6. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in F.S. § 381.986, as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the location of such
dispensing facility is determined to promote the public health, safety, and general welfare of
Clearwater.
O. Retail sales and services.
1. Lot area and width: 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. Location: The use of the parcel proposed for development will not involve direct access to a major arterial
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street;
3. Height: The increased height results in an improved site plan or improved design and appearance;
4. Setbacks:
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;
c. The reduction in side and rear and setbacks does not prevent access to the rear of any building by
emergency vehicles;
d. The reduction in side and rear setbacks results in an improved site plan, more efficient parking or
improved design and appearance.
5. Off-street parking:
a.
b.
c.
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;
Adjacent land uses are of a nature that there is a high probability that patrons will use modes of
transportation other than the automobile to access the use;
Adequate 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 committed parking facilities or the shared parking formula in Article 3, Division 14.
6. The design of all buildings complies with the Tourist District design guidelines in Division 5 of Article 3.
7. Medical marijuana treatment center dispensing facilities:
a. Shall comply with the requirements set forth in F.S. § 381.986, as amended;
b. May be permitted to be located within 500 feet of a public or private school, if the location of such
dispensing facility is determined to promote the public health, safety, and general welfare of
Clearwater.
Mixed use.
1. lot area and width: The reduction in lot area and/or 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.
2. Front setback:The reduction in front setback results in an improved site plan or improved design and
appearance.
3. Side and 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 appearance and landscaped areas are in excess of the minimum required.
4. The increased height results in an improved site plan, with landscaping areas in excess of the minimum
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Clearwater, FL Community Development Code 12/17/24, 9.37 AM
required or improved design and appearance.
5. Off-street parking:
a. 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 are used for storage or other non -parking demand -generating purposes.
b. Adequate 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 committed parking facilities or the shared parking formula in Article 2, Division 14.
(Ord. No. 6526-00, § 1, 6-15-00; Ord. No. 6928-02, § 21, 5-2-02; Ord. No. 7106-03, § 2, 9-18-03; Ord. No. 7413-05, § 9, 5-5-
05; Ord. No. 7449-05, § 38, 12-15-05; Ord. No. 7576-06, § 2, 2-2-06; Ord. No. 7605-06, §§ 4, 5, 4-20-06; Ord. No. 7631-06, §
22, 11-2-06; Ord. No. 7723, § 2, 2-15-07; Ord. No. 7835-07, § 5, 1-17-08; Ord. No. 7926-08, § 8, 7-17-08; Ord. No. 8043-09,
§ 12, 9-3-09; Ord. No. 8044-09, §§ 8-10, 10-1-09; Ord. No. 8211-10, § 5, 10-5-10; Ord. No. 8349-12, §§ 13, 14, 9-6-12; Ord.
No. 8523-14, § 2, 1-16-14; Ord. No. 8654-15, § 12, 2-5-15; Ord. No. 8715-15, § 9, 6-18-15; Ord. No. 8810-16, § 5, 1-21-16;
Ord. No. 9042-17, § 5, 12-7-17; Ord. No. 9758-24, § 8, 6-6-24)
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